1Amending the act of October 9, 2008 (P.L.1408, No.113), entitled
2"An act requiring scrap processors and recycling facility
3operators to collect certain information relating to the
4purchase of scrap material; requiring commercial accounts;
5and restricting scrap processors and recycling facility
6operators from purchasing certain materials," further
7providing for identification requirements for sale of scrap
8materials to scrap processors and recycling facility
9operators, for law enforcement and for penalties.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Sections 3, 6 and 7 of the act of October 9, 2008
13(P.L.1408, No.113), known as the Scrap Material Theft Prevention
14Act, are amended to read:

15Section 3. Identification requirements for sale of scrap
16materials to scrap processors and recycling facility
17operators.

18(a) General rule.--A scrap processor and recycling facility
19operator shall collect the following information for all
20transactions by a seller [of restricted material under section 5

1and from any other seller when the purchase of scrap material
2from the seller exceeds $100]:

3(1) A photocopy of the driver's license of the seller.

4(2) The seller's and buyer's signature for each
5transaction.

6(3) The license plate number of the motor vehicle the
7seller operates at the time of the transaction.

8(4) Written permission of the seller's parent or legal
9guardian, if the seller is under 18 years of age.

10(5) The date and time of the transaction.

11(6) A description of the scrap material included in the
12transaction, including the weight of the scrap material and
13the amount paid to the seller.

14(7) A photograph of the scrap material included in the
15transaction.

16(b) Tracking the transaction.--A scrap processor and
17recycling facility operator shall, when payment is made in cash,
18develop methods of tracking a transaction that obtains the
19seller's signature on a receipt for the transaction. The receipt
20shall include a certification that the seller is the owner or
21authorized seller of the scrap material.

22(b.1) Certain transactions prohibited.--No scrap processor
23or recycling facility operator may entertain a transaction from
24a person on the banned sellers list as provided by law
25enforcement officials pursuant to section 6(e).

26(b.2) Cash transactions prohibited.--A scrap processor or
27recycling facility operator may not make payment in cash for the
28purchase of scrap material from a seller. Credit card, debit
29card and electronic funds transfer transactions shall not be
30considered cash transactions under this subsection.

1(b.3) Payment withholding period.--A scrap processor or
2recycling facility operator shall provide a receipt to the
3seller at the time of the initial transaction for the value of
4the scrap material being sold. A scrap processor or recycling
5facility operator shall not relinquish payment to a seller of
6scrap material for at least 48 hours, but not more than 72
7hours, from the time of the initial transaction.

8(c) Holding period.--

9(1) (i) Following notification, either verbally or in
10writing, from a law enforcement officer that certain
11scrap materials have been reported as stolen, a scrap
12processor or recycling facility operator that is in
13possession of the scrap material in question shall hold
14that scrap material intact and safe from alteration,
15damage or commingling and shall place an identifying tag
16or other suitable identification upon the scrap material.

17(ii) A law enforcement officer making a verbal
18request shall provide the scrap processor or recycling
19facility operator, upon request, with the officer's name,
20badge number and department contact telephone number so
21that the scrap processor or recycling facility operator
22may call back to confirm the identity of the law
23enforcement officer.

24(2) Within 24 hours of notification by the law
25enforcement officer or 24 hours of the receipt of the
26material, whichever is later, the scrap processor or
27recycling facility operator shall notify the law enforcement
28officer that scrap material matching the law enforcement
29officer's description is on the premises.

30(3) The scrap processor or recycling facility shall hold

1the scrap material for a period of time as directed by the
2applicable law enforcement agency, up to a maximum of 48
3hours following notification, unless extended pursuant to
4paragraph (5).

5(4) A law enforcement officer shall not place a hold on
6any scrap material unless that law enforcement officer
7reasonably suspects that the scrap material is lost or
8stolen. The request to hold scrap material shall be as
9specific as possible by using descriptive language,
10including, but not limited to, the type and the style of the
11material, length or weight or any other such description to
12identify the material to be held. Any hold that is placed on
13scrap material shall not exceed 48 hours, and the scrap
14material must be returned to the owner or released when the
15hold has been released or has expired.

16(5) A holding period may be extended beyond 48 hours
17only upon the order of a magisterial district judge after the
18magisterial district judge has determined that probable cause
19exists that the scrap material is lost or stolen.

20(6) A scrap processor or recycling facility operator
21that receives material that does not meet the description of
22materials being sought by a law enforcement officer may
23dispose of that material at its discretion.

24(d) Maintenance of records.--The information required by
25this section shall be maintained by the scrap processor or
26recycling facility operator for a minimum of two years from the
27date of the transaction.

28Section 6. Law enforcement.

29(a) Record requests.--A scrap processor and recycling
30facility operator shall disclose seller registration information

1required by this act during normal business hours to any
2investigative or law enforcement officer or any person acting at
3the direction or request of an investigative or law enforcement
4officer to investigate suspected criminal activities.

5(b) Victim requests.--A person who claims to own scrap
6material that was stolen may request from law enforcement a copy
7of a scrap processor's or recycling facility operator's
8transaction records for the purpose of searching for the missing
9property if the person has a copy of a filed police report for
10the stolen scrap material.

11(c) Authority to develop procedures for requests.--Law
12enforcement may develop procedures to provide a person who
13requests transaction records pursuant to subsection (b) with the
14records. Law enforcement shall provide the requester the records
15within seven business days. Prior to delivering the records to
16the requester, law enforcement officials shall:

17(1) Redact any personal information of a seller,
18collected at the time of the transaction, pursuant to section
193(a)(1), (2), (3) or (4).

20(2) Redact the address and telephone number of the
21seller.

22(3) Redact any financial account information a seller
23may have established with a scrap processor or recycling
24facility operator.

25(4) Redact the price paid to the seller for the scrap
26material or any estimated value of the scrap material
27received by a scrap processor or recycling facility operator.

28(5) Determine the appropriate records to provide to the
29requester, based upon the time period that the alleged theft
30is reported to have taken place.

1(d) Fees for requests.--A law enforcement agency may charge
2or collect a reasonable administration fee for providing records
3as requested by this section.

4(e) Banned sellers list.--A law enforcement agency that
5serves a jurisdiction in which scrap processors or recycling
6facilities are located shall provide to the scrap processors or
7recycling facility operators a list, in either written or
8electronic form, of the names and descriptions of persons
9convicted of an offense under 18 Pa.C.S. § 3921 (relating to 
10theft by unlawful taking or disposition) or 3925 (relating to 
11receiving stolen property) that relates to the theft of scrap 
12material or the transportation of stolen scrap material. Law 
13enforcement shall provide updated copies of this list at least 
14once every 30 days. The law enforcement agency may request the 
15appropriate clerk of courts to provide the list.

16Section 7. Penalties.

17(a) Scrap processor and recycling facility operator 
18penalties.--A scrap processor and recycling facility operator
19who violates this act commits a summary offense and shall, upon
20conviction, be sentenced to pay a fine of up to $2,500. A second
21or subsequent violation shall be classified as a misdemeanor of
22the third degree.

23(b) Motor vehicle penalties.--Upon a conviction of an 
24offense under 18 Pa.C.S. § 3921 (relating to theft by unlawful 
25taking or disposition) or 3925 (relating to receiving stolen 
26property) that relates to the theft of scrap material or the 
27transportation of stolen scrap material, the courts shall order 
28the impoundment of any vehicle used in the act of theft of scrap 
29material or the transportation of stolen scrap material. For the 
30first offense, a vehicle shall be impounded for at least 30 

1days, but not more than 60 days. For a second or subsequent 
2offense involving the same motor vehicle, the vehicle shall be 
3impounded for at least 60 days and not more than 180 days. The 
4person convicted shall be responsible for any fees associated 
5with or related to the impoundment of the vehicle.

6Section 2. This act shall take effect in 60 days.