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PRIOR PRINTER'S NO. 1136
PRINTER'S NO. 3144
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1092
Session of
2021
INTRODUCED BY KAUFFMAN, STAMBAUGH, PYLE, JAMES, ZIMMERMAN,
WHEELAND AND GILLEN, APRIL 5, 2021
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 24, 2022
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 identification requirements for sale of scrap
materials to scrap processors and recycling facility
operators AND FOR PENALTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(a) and (b) of the act of October 9,
2008 (P.L.1408, No.113), known as the Scrap Material Theft
Prevention 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 scrap processor and recycling facility
operator shall collect the following information for all
transactions by a seller of restricted material under section 5
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and from any other seller when the purchase of scrap material
from the seller exceeds $100 or where 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.
(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 photograph or a copy of the seller's driver's license
and 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.
* * *
(A.1) ADDITIONAL REQUIREMENTS FOR CATALYTIC CONVERTERS.--A
SCRAP PROCESSOR AND RECYCLING FACILITY OPERATOR SHALL COLLECT
THE FOLLOWING IN ADDITION TO THE INFORMATION REQUIRED UNDER
SUBSECTION (A) IF THE TRANSACTION INCLUDES A CATALYTIC
CONVERTER:
(1) THE YEAR, MAKE, MODEL AND VEHICLE IDENTIFICATION
NUMBER OF THE VEHICLE FROM WHICH THE CATALYTIC CONVERTER WAS
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REMOVED.
(2) A PHOTOGRAPH OF THE CATALYTIC CONVERTER.
( 3) A PHOTOGRAPH OF THE SELLER.
(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
(A).
* * *
(C.1) HOLDING PERIOD FOR TRANSACTIONS INVOLVING A CATALYTIC
CONVERTER.--IF A TRANSACTION BETWEEN A SCRAP PROCESSOR AND
RECYCLING FACILITY OPERATOR AND A SELLER INCLUDES A CATALYTIC
CONVERTER, IN ADDITION TO THE REQUIREMENTS UNDER SUBSECTION (C),
THE FOLLOWING SHALL APPLY:
(1) EXCEPT AS PROVIDED UNDER PARAGRAPH (2), THE SCRAP
PROCESSOR OR RECYCLING FACILITY OPERATOR SHALL WITHHOLD
PAYMENT TO THE SELLER FOR 48 HOURS.
(2) IF A HOLD IS IN PLACE UNDER SUBSECTION (C), THE
SCRAP PROCESSOR OR RECYCLING FACILITY SHALL WITHHOLD PAYMENT
UNTIL THE HOLD IS LIFTED BY LAW ENFORCEMENT OR A MAGISTERIAL
DISTRICT JUDGE UNDER SUBSECTION (C).
(3) DURING A HOLDING PERIOD UNDER SUBSECTION (C) OR THIS
SUBSECTION, THE SCRAP PROCESSOR OR RECYCLING FACILITY
OPERATOR SHALL KEEP THE CATALYTIC CONVERTER INTACT AND SAFE
FROM ALTERATION, DAMAGE OR COMMINGLING AND SHALL PLACE AN
IDENTIFYING TAG OR OTHER SUITABLE IDENTIFICATION UPON THE
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SCRAP METAL.
* * *
(E) PENALTIES.--A SCRAP PROCESSOR OR RECYCLING FACILITY
OPERATOR THAT FAILS TO COLLECT THE INFORMATION REQUIRED BY
SUBSECTION (A) OR (A.1) 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.
SECTION 2. SECTION 7(A) OF THE ACT IS AMENDED TO READ:
SECTION 7. PENALTIES.
(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.
* * *
Section 2 3. This act shall take effect in 60 days.
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