H0791B1652A01313 AJB:EJH 06/22/23 #90 A01313
AMENDMENTS TO HOUSE BILL NO. 791
Sponsor: REPRESENTATIVE KAUFFMAN
Printer's No. 1652
Amend Bill, page 1, lines 15 through 17, by striking out all
of said lines and inserting
Section 1. Sections 3(a) and (b) and 7(a) of the act of
October 9, 2008 (P.L.1408, No.113), known as the Scrap Material
Theft Prevention Act, are amended and the sections are amended
by adding subsections to read:
Amend Bill, page 2, line 3, by striking out all of said line
and inserting
(a) General rule.--A scrap processor and recycling facility
operator shall collect the following information for all
transactions by a seller of restricted material under section 5
and from any other seller when the purchase of scrap material
from the seller exceeds $100 or the scrap material bears a name
or mark under 54 Pa.C.S. Ch. 15 (relating to reusable marked
articles and receptacles):
(1) A photocopy of the driver's license of the seller.
(2) The seller's and buyer's signature for each
transaction.
(3) The license plate number of the motor vehicle the
seller operates at the time of the transaction.
(4) Written permission of the seller's parent or legal
guardian, if the seller is under 18 years of age.
(5) The date and time of the transaction.
(6) A description of the scrap material included in the
transaction, including the weight of the scrap material and
the amount paid to the seller.
Amend Bill, page 2, by inserting between lines 13 and 14
(b) Tracking the transaction.--A scrap processor and
recycling facility operator shall[, when payment is made in
cash,] develop methods of tracking [a transaction that obtains
the seller's signature on a receipt for the transaction. The
receipt shall include a certification that the seller is the
owner or authorized seller of the scrap material.] any
transaction that requires the scrap processor or recycling
facility operator to obtain the information under subsection
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(a).
Amend Bill, page 3, by inserting between lines 3 and 4
(e) Penalties.--A scrap processor or recycling facility
operator that fails to collect the information required by
subsection (a) is guilty of a misdemeanor of the third degree
and shall, upon conviction, be sentenced to pay a fine of not
less than $5,000.
Amend Bill, page 3, by inserting between lines 4 and 5
(a) Scrap processor and recycling facility operator
penalties.--Except as provided under section 3(e) and 6.2(g), a
scrap processor and recycling facility operator who violates
this act commits a summary offense and shall, upon conviction,
be sentenced to pay a fine of up to $2,500. A second or
subsequent violation shall be classified as a misdemeanor of the
third degree.
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