Regular Session 2015-2016 House Bill 1491 P.N. 2106

PRINTER'S NO. 2106

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1491

Session of

2015

INTRODUCED BY TAYLOR, GREINER, PASHINSKI, GODSHALL, ENGLISH,

SCHLOSSBERG, THOMAS, W. KELLER, BURNS, DONATUCCI, O'BRIEN,

JOZWIAK, FARRY, PETRI, COHEN AND WATSON, AUGUST 13, 2015

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 13, 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," further

providing for definitions, 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. Section 2 of the act of October 9, 2008

(P.L.1408, No.113), known as the Scrap Material Theft Prevention

Act, is amended by adding definitions to read:

Section 2. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Business day." The term does not include Saturday, Sunday

or a Federal or State legal holiday.

* * *

"Proof of identity." An unexpired document issued by the

Federal Government, the Commonwealth or any other state

government, the District of Columbia, the Commonwealth of Puerto

Rico or any United States territory that includes all of the

following:

(1) The name, age and address of the seller.

(2) A photograph of the seller.

(3) An expiration date.

* * *

Section 2. Section 3(a) introductory paragraph and (1), (b)

and (c) of the act are amended and the section is amended by

adding a subsection to read:

Section 3. Identification requirements for sale of scrap

materials to scrap processors and recycling facility

operators.

(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]:

(1) A [photocopy] copy of the [driver's license of the

seller] seller's proof of identity.

* * *

[(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.]

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(b.1) Prohibition of cash payment.--A scrap processor and

recycling facility operator may not use cash as a payment method

to the seller.

(1) (i) Following notification, either verbally 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.] within 24 hours of notification by the law

enforcement officer or 24 hours of the receipt of the

material, whichever is later, notify the law enforcement

officer that scrap material matching the law enforcement

officer's description is on the premises.

(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

that the scrap processor or recycling facility operator

may call back to confirm the identity of the law

enforcement officer.

[(2) Within 24 hours of notification by the law

enforcement officer or 24 hours of the receipt of the

material, whichever is later, the scrap processor or

recycling facility operator shall notify the law enforcement

officer that scrap material matching the law enforcement

officer's description is on the premises.]

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(2.1) A scrap processor and recycling facility operator

shall retain each item purchased in unaltered condition for

14 business days after the date of the transaction.

(3) The scrap processor or recycling facility shall hold

the scrap material for a period of time as directed by the

applicable law enforcement agency, up to a maximum of 48

hours after the holding period under paragraph (2.1) has

expired, following notification, unless extended pursuant to

paragraph (5).

(4) A law enforcement officer shall not place a hold on

any scrap material unless that law enforcement officer

reasonably suspects that the scrap material is lost or

stolen. The request to hold scrap material shall be as

specific as possible by using descriptive language,

including, but not limited to, the type and the style of the

material, length or weight or any other such description to

identify the material to be held. Any hold that is placed on

scrap material shall not exceed 48 hours, and the scrap

material must be returned to the owner or released when the

hold has been released or has expired.

(5) A holding period may be extended beyond 48 hours

only upon the order of a magisterial district judge after the

magisterial district judge has determined that probable cause

exists that the scrap material is lost or stolen.

(6) A scrap processor or recycling facility operator

that receives material that does not meet the description of

materials being sought by a law enforcement officer may

dispose of that material at its discretion upon completion of

the holding period.

* * *

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Section 3. Section 4(d)(1), (4) and (5) of the act, amended

June 26, 2014 (P.L.799, No.79), are amended 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] copy of the [driver's license] proof

of identity of the person delivering the scrap materials.

* * *

(4) Confirmation that the person delivering the scrap

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

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

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