Regular Session 2015-2016 House Bill 1072 P.N. 1656

PRINTER'S NO. 1656

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1072

Session of

2015

INTRODUCED BY TAYLOR, BOYLE, THOMAS, GREINER, ACOSTA, WATSON,

KINSEY, BOBACK, O'BRIEN, COHEN, BARBIN, MULLERY, BROWNLEE,

SCHLOSSBERG, PASHINSKI, MAHONEY, W. KELLER, DeLUCA AND WHITE,

JUNE 1, 2015

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 1, 2015

AN ACT

Amending the act of October 9, 2008 (P.L.1408, No.113), entitled

"An act requiring scrap processors and recycling facility

operators to collect certain information relating to the

purchase of scrap material; requiring commercial accounts;

and restricting scrap processors and recycling facility

operators from purchasing certain materials," providing for

registry of operators, processors and locations; and further

providing for identification requirements for sale of scrap

materials to scrap processors and recycling facility

operators and for commercial accounts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of October 9, 2008 (P.L.1408, No.113),

known as the Scrap Material Theft Prevention Act, is amended by

adding a section to read:

Section 2.1. Registry of operators, processors and locations.

(a) Registration.--

(1) A recycling facility operator or scrap processor may

not purchase, deal or engage in the scrap metal business

unless the operator or processor and all locations used by

the operator or processor to purchase, deal or engage in the

scrap metal business are registered with the Office of

Attorney General.

(2) A certificate of proof of registration under this

section shall be displayed prominently as required by

regulations promulgated under this section.

(b) Time periods.--

(1) A registration under this section shall expire two

years from the date of initial registration or renewal of the

registration.

(2) A current valid registration under this section

shall expire 60 days after the death of the registrant. The

Attorney General, or a designated representative of the

Attorney General, may extend the 60-day time period for good

cause.

(3) A current valid registration under this section

shall expire immediately after a registrant is no longer an

employee or agent of the location designated on the

registration.

designated representative of the Attorney General, shall do the

following:

(1) Promulgate regulations to carry out the provisions

of this section.

(2) Set registration and renewal fees to cover the

administrative costs of this section.

(3) Issue, renew or deny registration and certificates

of proof of registration.

(d) Declaration.--The application for registration or

renewal under this section must include a declaration by the

applicant for registration or renewal that the applicant has not

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been convicted of an offense listed in subsection (e) that

related to scrap metal. An applicant who knowingly or willfully

makes a false statement in the declaration shall be subject to

prosecution for perjury under 18 Pa.C.S. § 4902 (relating to

perjury).

(e) Prohibition.--If an applicant for registration or

renewal under this section has been convicted of a violation of

this act or any of the following offenses involving scrap metal,

the applicant shall be prohibited from registering for five

years from the date of conviction:

(1) An offense under 18 Pa.C.S. Ch. 33 (relating to arson,

criminal mischief and other property destruction).

(2) An offense under 18 Pa.C.S. Ch. 35 (relating to burglary

and other criminal intrusion).

(3) An offense under 18 Pa.C.S. Ch. 39 (relating to theft

and related offenses).

Section 2. Section 3(a), (b), (c)(1) and (d) of the act are

amended and the section is amended by adding subsections to

read:

Section 3. Identification requirements for sale of scrap

materials to scrap processors and recycling facility

operators.

(a) General rule.--A registered scrap processor and

recycling facility operator shall collect and transmit to the

Office of Attorney General 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]:

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

(2) The seller's and buyer's signature for each

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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 detailed description of the scrap material

included in the transaction, including the identifying

information, types of items, weight of the scrap material and

the amount paid to the seller.

(a.1) Database.--

(1) The Attorney General, or the designated agent or

representative of the Attorney General, shall develop and

maintain a database accessible by law enforcement agencies

that provides the following:

(i) Secure receiving and storing of all information

required under this section including registration

information and daily transaction data.

(ii) A link and retransmission capabilities for

routine scrap theft alerts published by the Institute of

Scrap Recycling Industries. An alert shall be sent to

both registrants and law enforcement agencies.

(iii) Search capabilities for law enforcement

purposes.

(iv) Accessibility, search capabilities and editing

capabilities to a registrant with regard to the

registrant's own data and transaction history. Editing

may only be done in accordance with regulations that may

be promulgated by the Attorney General, or the designated

representative of the Attorney General.

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(2) A record kept or created under this section shall

not constitute a public record subject to public access under

the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

(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.

(b.1) Cash transactions prohibited.--A scrap processor or

recycling facility operator may not make payment in cash for the

purchase of scrap material from a seller. Credit card, debit

card and electronic funds transfer transactions shall not be

considered cash transactions under this subsection.

(1) (i) Following notification, either verbally,

through an alert retransmitted from the Institute of

Scrap Recycling Industries or in writing, from a law

enforcement officer that certain scrap materials have

been reported as stolen, a scrap processor or recycling

facility operator that is in possession of the scrap

material in question shall hold that scrap material

intact and safe from alteration, damage or commingling

and shall place an identifying tag or other suitable

identification upon the scrap material.

(ii) A law enforcement officer making a verbal

request shall provide the scrap processor or recycling

facility operator, upon request, with the officer's name,

badge number and department contact telephone number so

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that the scrap processor or recycling facility operator

may call back to confirm the identity of the law

enforcement officer.

* * *

(d) Maintenance of records.--The information required by

this section shall be maintained by the scrap processor or

recycling facility operator and the Office of Attorney General

for a minimum of two years from the date of the transaction.

Section 3. Section 4(d) of the act, amended June 26, 2014

(P.L.799, No.79), is amended and the section is amended by

adding subsections to read:

Section 4. Commercial accounts.

* * *

(d) Financial transactions.--Once a commercial account has

been established, if a financial transaction occurs between a

scrap processor or recycling facility operator and a person

delivering the scrap material, the scrap processor or recycling

facility operator shall obtain the following before completing

each transaction:

(1) A photocopy of the driver's license of the person

delivering the scrap materials.

(2) The license plate number of the vehicle transporting

scrap material.

(3) The telephone number of the commercial account.

(4) Confirmation that the person delivering the scrap

material is authorized to receive a [check or cash] payment

on behalf of the person or entity providing the scrap

material. The confirmation shall consist of written, signed

authorization from the owner or officer of the commercial

enterprise stating that the person delivering the scrap

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material is designated to receive payment for the scrap

material.

(5) An acknowledgment of receipt of cash payment, signed

by the person delivering the scrap material and receiving the

cash payment.

(e) Database.--The information in this section, including

the transaction data and the information on record for the

commercial account, shall also be included in the database kept

by the Office of Attorney General under section 3(a.1).

(f) Access.--A record kept or created under this section

shall not constitute a public record subject to public access

under the act of February 14, 2008 (P.L.6, No.3), known as the

Right-to-Know Law.

Section 4. This act shall take effect in 60 days.

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