PRIOR PRINTER'S NO. 751
PRINTER'S NO. 1652
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
791
Session of
2023
INTRODUCED BY ISAACSON, KAUFFMAN, NEILSON, SCHLOSSBERG,
T. DAVIS, BURGOS, CEPEDA-FREYTIZ, DEASY, DELLOSO, GALLAGHER,
GIRAL, GUENST, HILL-EVANS, HOHENSTEIN, KINKEAD, KINSEY,
MADDEN, PARKER, SAMUELSON, SANCHEZ, TOMLINSON, VITALI,
WARREN, BOYLE, GILLEN, MALAGARI, GREEN AND McNEILL,
APRIL 3, 2023
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY
AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,
JUNE 21, 2023
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 of the act of October 9, 2008
(P.L.1408, No.113), known as the Scrap Material Theft Prevention
Act, is amended by adding subsections to read:
SECTION 1. SECTIONS 3 AND 7 OF THE ACT OF OCTOBER 9, 2008
(P.L.1408, NO.113), KNOWN AS THE SCRAP MATERIAL THEFT PREVENTION
ACT, ARE AMENDED BY ADDING SUBSECTIONS TO READ:
Section 3. Identification requirements for sale of scrap
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
materials to scrap processors and recycling facility
operators.
* * *
(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
removed.
(2) A photograph of the catalytic converter.
(3) A photograph of the seller.
* * *
(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 operator 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
20230HB0791PN1652 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
identifying tag or other suitable identification upon the
scrap metal.
* * *
SECTION 7. PENALTIES.
* * *
(C) CATALYTIC CONVERTER PENALTIES.--A PERSON WHO
INTENTIONALLY POSSESSES A DETACHED CATALYTIC CONVERTER THAT IS
NOT AFFILIATED WITH A COMMERCIAL ACCOUNT WITH PROPER
JUSTIFICATION COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
Section 2. This act shall take effect in 60 days.
20230HB0791PN1652 - 3 -
<--
1
2
3
4
5
6
7
8
9
10