PRIOR PRINTER'S NOS. 1368, 1582, 2024
PRINTER'S NO. 2122
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY ARGALL, KASUNIC, STACK, WAUGH, WHITE, SOLOBAY, RAFFERTY, EICHELBERGER, VULAKOVICH, COSTA, YUDICHAK AND BROWNE, SEPTEMBER 16, 2013
AMENDMENTS TO HOUSE AMENDMENTS, IN SENATE, JUNE 10, 2014
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 definitions, for commercial accounts and for
8restricted materials; providing for Statewide registry of
9scrap processors and recycling facilities and for duty to
10register and for criminal registry; and further providing for
17Section 2. Definitions.
21* * *
22"Railroad material." Railroad power and signal equipment,
1road or rail crossing signals, railroad track, railroad switch
2components, railroad spike, angle/joint bar as used in the
3jointing of railroad track, railroad anchors, railroad tie plate
4or bolt used in constructing a railroad.
5* * *
8Section 4. Commercial accounts.
9* * *
10(d) Financial transactions.--Once a commercial account has
11been established, if a financial transaction occurs between a
12scrap processor or recycling facility operator and a person
13delivering the scrap material, the scrap processor or recycling
14facility operator shall obtain the following before completing
20(3) The telephone number of the commercial account.
21(4) Confirmation that the person delivering the scrap
22material is authorized to receive a check or cash on behalf
23of the person or entity providing the scrap material. The
24confirmation shall consist of written, signed authorization
25from the owner or officer of the commercial enterprise
26stating that the person delivering the scrap material is
27designated to receive payment for the scrap material.
1Section 5. Restricted materials.
10(3) Commercial metal property.
14(5) Beer kegs.
15(6) Detached catalytic converters.
16(7) Railroad materials.
17Section 3. The act is amended by adding sections to read:
20The Pennsylvania State Police shall establish and maintain a
21Statewide registry of scrap processors and recycling facilities
<-22that register with the Pennsylvania State Police under section
236.2. The registry <-information shall be posted on the <-publicly
24accessible Internet website of the Pennsylvania State Police <-and
25shall be accessible to law enforcement personnel.
26Section 6.2. Duty to register.
30(b) <-Method of registration <-Registration.--A person shall
1register with the Pennsylvania State Police <-in writing or
2electronically via a secure Internet connection on a form
3provided by the Pennsylvania State Police. The application shall
4include <-under subsection (e). The registrant must provide the
6(1) For an individual applicant, all of the following:
12(iii) Business name, address and telephone number.
17(i) Name of each partner.
29(ii) Business name, address and telephone number.
30(iii) Name of each director or each individual
1holding greater than a 5% equity interest in the entity.
2(4) For an out-of-State corporation, limited liability
3company or limited partnership, the name and address of the
4entity's resident agent or registered office provider within
5this Commonwealth and any registration number or license
6number issued to the entity by its home state or political
7subdivision of the other state, if applicable.
12(c) Reporting of multiple registrations.--An entity owning
13multiple scrap processing and recycling facilities must register
14individually for each physical address of a scrap processing and
16(d) <-Application <-Registration fees.--
17(1) Each completed registration form for a scrap
18recycler or renewal of registration shall be accompanied by a
19fee of $100. After completion of the registration and payment
20of the fee, the Pennsylvania State Police shall issue, within
<-21seven <-14 business days, the scrap processing and recycling
22facility a <-written notice of registration <-certificate
23identifying the name of the applicant, scrap processing and
24recycling facility name and address and a registration
25number. The <-certificate <-notice shall be valid for a period of
26two years. Renewals shall be on a biennial basis.
27(2) The registration fee shall be used to establish and
28maintain the a database under <-section 6.1 <-this act. Before
29July 1, 2016, money collected under paragraph (1) shall
30augment the money appropriated to the Pennsylvania State
1Police to be used to create an electronic database of
2registrations. The Pennsylvania State Police shall transmit a
3notice when the electronic database is operational to the
4Legislative Reference Bureau for publication in the
5Pennsylvania Bulletin. After June 30, 2016, money collected
6under paragraph (1) shall be deposited in the General Fund.
7(e) Method of registration.--
<-16(e) <-(f) Proof of registration.--A scrap processor and
17recycling facility shall include its registration number in all
18advertisements distributed within this Commonwealth, and shall
19have the <-notice of registration <-certificate clearly visible at
20its place of business.
24Section 4. Section 7 of the act is amended to read:
25Section 7. Penalties.
26[A] (a) Scrap processor and recycling facility operator
27penalties.--Except as provided under section <-6.2(f) <-6.2(g), a
28scrap processor and recycling facility operator who violates
29this act commits a summary offense and shall, upon conviction,
30be sentenced to pay a fine of up to $2,500. A second or
3(b) Motor vehicle penalties.--Upon a conviction of an
4offense under 18 Pa.C.S. § 3921 (relating to theft by unlawful
5taking or disposition) or 3925 (relating to receiving stolen
6property) that relates to the theft of scrap material or the
7transportation of stolen scrap material, the court may order the
8impoundment of any vehicle used in the act of theft of scrap
9material or the transportation of stolen scrap material. For the
10first offense, a vehicle may be impounded for at least 30 days,
11but not more than 60 days. For a second or subsequent offense
12involving the same motor vehicle, the vehicle may be impounded
13for at least 60 days and not more than 180 days. The person
14convicted shall be responsible for any fees associated with or
15related to the impoundment of the vehicle.
16Section 5. This act shall take effect in 60 days.