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 <-identification requirements for sale of scrap 
8materials to scrap processors and recycling facility 
9operators, for law enforcement and <-definitions, for 
10commercial accounts and for restricted materials; providing 
11for Statewide registry of scrap processors and recycling 
12facilities and for duty to register and for criminal 
13registry; and further providing for penalties.

14The General Assembly of the Commonwealth of Pennsylvania
15hereby enacts as follows:

<-16Section 1. Sections 3, 6 and 7 of the act of October 9, 2008
17(P.L.1408, No.113), known as the Scrap Material Theft Prevention
18Act, are amended to read:

19Section 3. Identification requirements for sale of scrap
20materials to scrap processors and recycling facility
21operators.

1(a) General rule.--A scrap processor and recycling facility
2operator shall collect the following information for all
3transactions by a seller [of restricted material under section 5
4and from any other seller when the purchase of scrap material
5from the seller exceeds $100]:

6(1) A photocopy of the driver's license of the seller.

7(2) The seller's and buyer's signature for each
8transaction.

9(3) The license plate number of the motor vehicle the
10seller operates at the time of the transaction.

11(4) Written permission of the seller's parent or legal
12guardian, if the seller is under 18 years of age.

13(5) The date and time of the transaction.

14(6) A description of the scrap material included in the
15transaction, including the weight of the scrap material and
16the amount paid to the seller.

17(7) A photograph of the scrap material included in the
18transaction.

19(b) Tracking the transaction.--A scrap processor and
20recycling facility operator shall, when payment is made in cash,
21develop methods of tracking a transaction that obtains the
22seller's signature on a receipt for the transaction. The receipt
23shall include a certification that the seller is the owner or
24authorized seller of the scrap material.

25(b.1) Certain transactions prohibited.--No scrap processor
26or recycling facility operator may entertain a transaction from
27a person on the banned sellers list as provided by law
28enforcement officials pursuant to section 6(e).

29(b.2) Cash transactions prohibited.--A scrap processor or
30recycling facility operator may not make payment in cash for the

1purchase of scrap material from a seller. Credit card, debit
2card and electronic funds transfer transactions shall not be
3considered cash transactions under this subsection.

4(b.3) Payment withholding period.--A scrap processor or
5recycling facility operator shall provide a receipt to the
6seller at the time of the initial transaction for the value of
7the scrap material being sold. A scrap processor or recycling
8facility operator shall not relinquish payment to a seller of
9scrap material for at least 48 hours, but not more than 72
10hours, from the time of the initial transaction.

11(c) Holding period.--

12(1) (i) Following notification, either verbally or in
13writing, from a law enforcement officer that certain
14scrap materials have been reported as stolen, a scrap
15processor or recycling facility operator that is in
16possession of the scrap material in question shall hold
17that scrap material intact and safe from alteration,
18damage or commingling and shall place an identifying tag
19or other suitable identification upon the scrap material.

20(ii) A law enforcement officer making a verbal
21request shall provide the scrap processor or recycling
22facility operator, upon request, with the officer's name,
23badge number and department contact telephone number so
24that the scrap processor or recycling facility operator
25may call back to confirm the identity of the law
26enforcement officer.

27(2) Within 24 hours of notification by the law
28enforcement officer or 24 hours of the receipt of the
29material, whichever is later, the scrap processor or
30recycling facility operator shall notify the law enforcement

1officer that scrap material matching the law enforcement
2officer's description is on the premises.

3(3) The scrap processor or recycling facility shall hold
4the scrap material for a period of time as directed by the
5applicable law enforcement agency, up to a maximum of 48
6hours following notification, unless extended pursuant to
7paragraph (5).

8(4) A law enforcement officer shall not place a hold on
9any scrap material unless that law enforcement officer
10reasonably suspects that the scrap material is lost or
11stolen. The request to hold scrap material shall be as
12specific as possible by using descriptive language,
13including, but not limited to, the type and the style of the
14material, length or weight or any other such description to
15identify the material to be held. Any hold that is placed on
16scrap material shall not exceed 48 hours, and the scrap
17material must be returned to the owner or released when the
18hold has been released or has expired.

19(5) A holding period may be extended beyond 48 hours
20only upon the order of a magisterial district judge after the
21magisterial district judge has determined that probable cause
22exists that the scrap material is lost or stolen.

23(6) A scrap processor or recycling facility operator
24that receives material that does not meet the description of
25materials being sought by a law enforcement officer may
26dispose of that material at its discretion.

27(d) Maintenance of records.--The information required by
28this section shall be maintained by the scrap processor or
29recycling facility operator for a minimum of two years from the
30date of the transaction.

1Section 6. Law enforcement.

2(a) Record requests.--A scrap processor and recycling
3facility operator shall disclose seller registration information
4required by this act during normal business hours to any
5investigative or law enforcement officer or any person acting at
6the direction or request of an investigative or law enforcement
7officer to investigate suspected criminal activities.

8(b) Victim requests.--A person who claims to own scrap
9material that was stolen may request from law enforcement a copy
10of a scrap processor's or recycling facility operator's
11transaction records for the purpose of searching for the missing
12property if the person has a copy of a filed police report for
13the stolen scrap material.

14(c) Authority to develop procedures for requests.--Law
15enforcement may develop procedures to provide a person who
16requests transaction records pursuant to subsection (b) with the
17records. Law enforcement shall provide the requester the records
18within seven business days. Prior to delivering the records to
19the requester, law enforcement officials shall:

20(1) Redact any personal information of a seller,
21collected at the time of the transaction, pursuant to section
223(a)(1), (2), (3) or (4).

23(2) Redact the address and telephone number of the
24seller.

25(3) Redact any financial account information a seller
26may have established with a scrap processor or recycling
27facility operator.

28(4) Redact the price paid to the seller for the scrap
29material or any estimated value of the scrap material
30received by a scrap processor or recycling facility operator.

1(5) Determine the appropriate records to provide to the
2requester, based upon the time period that the alleged theft
3is reported to have taken place.

4(d) Fees for requests.--A law enforcement agency may charge
5or collect a reasonable administration fee for providing records
6as requested by this section.

7(e) Banned sellers list.--A law enforcement agency that
8serves a jurisdiction in which scrap processors or recycling
9facilities are located shall provide to the scrap processors or
10recycling facility operators a list, in either written or
11electronic form, of the names and descriptions of persons
12convicted of an offense under 18 Pa.C.S. § 3921 (relating to 
13theft by unlawful taking or disposition) or 3925 (relating to 
14receiving stolen property) that relates to the theft of scrap 
15material or the transportation of stolen scrap material. Law 
16enforcement shall provide updated copies of this list at least 
17once every 30 days. The law enforcement agency may request the 
18appropriate clerk of courts to provide the list.

<-19Section 1. Section 2 of the act of October 9, 2008
20(P.L.1408, No.113), known as the Scrap Material Theft Prevention 
21Act, is amended by adding a definition to read:

22Section 2. Definitions.

23The following words and phrases when used in this act shall
24have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26* * *

27"Railroad material." Railroad power and signal equipment,
28road or rail crossing signals, railroad track, railroad switch
29components, railroad spike, angle/joint bar as used in the
30jointing of railroad track, railroad anchors, railroad tie plate

1or bolt used in constructing a railroad.

2* * *

3Section 2. Sections 4(d) and 5 of the act are amended to
4read:

5Section 4. Commercial accounts.

6* * *

7(d) Financial transactions.--Once a commercial account has
8been established, if a financial transaction occurs between a
9scrap processor or recycling facility operator and a person
10delivering the scrap material, the scrap processor or recycling
11facility operator shall obtain the following before completing
12each transaction:

13(1) A photocopy of the driver's license of the person
14delivering the scrap materials.

15(2) The license plate number of the vehicle transporting
16scrap material.

17(3) The telephone number of the commercial account.

18(4) Confirmation that the person delivering the scrap
19material is authorized to receive a check or cash on behalf
20of the person or entity providing the scrap material. The 
21confirmation shall consist of written, signed authorization 
22from the owner or officer of the commercial enterprise 
23stating that the person delivering the scrap material is 
24designated to receive payment for the scrap material.

25(5) An acknowledgment of receipt of cash payment, signed
26by the person delivering the scrap material and receiving the
27cash payment.

28Section 5. Restricted materials.

29A scrap processor and recycling facility operator may
30purchase the following scrap material only if the purchase

1occurs with a commercial enterprise:

2(1) New production scrap or new materials that are a
3part of a manufacturing process that are being sold by an
4individual, not a company.

5(2) Full sized, new materials, such as those used in
6construction, or equipment and tools used by contractors.

7(3) Commercial metal property.

8(4) Metallic wire that has been burned in whole or in
9part to remove insulation, unless the aggregate value is less
10than $100.

11(5) Beer kegs.

12(6) Detached catalytic converters.

13(7) Railroad materials.

14Section 3. The act is amended by adding sections to read:

15Section 6.1. Statewide registry of scrap processors and
16recycling facilities.

17The Pennsylvania State Police shall establish and maintain a
18Statewide registry of scrap processors and recycling facilities
19that register with the Pennsylvania State Police under section
206.2. The registry shall be posted on the Internet website of the
21Pennsylvania State Police and shall be accessible to law
22enforcement personnel.

23Section 6.2. Duty to register.

24(a) General rule.--A scrap processor and recycling facility
25shall register with the Pennsylvania State Police as provided in
26this section.

27(b) Method of registration.--A person shall register with
28the Pennsylvania State Police in writing or electronically via a
29secure Internet connection on a form provided by the
30Pennsylvania State Police. The application shall include the

1following information:

2(1) For an individual applicant, all of the following:

3(i) Name.

4(ii) Driver's license number, a copy of an
5identification card issued by the state in which the
6individual resides or other form of identification as
7permitted by the Commonwealth.

8(iii) Business name, address and telephone number.

9(iv) Federal employer identification number, if
10applicable.

11(2) For a general partnership applicant, all of the
12following:

13(i) Name of each partner.

14(ii) Driver's license number or a copy of an
15identification card issued by the state in which each
16partner resides, of each partner.

17(iii) Partnership name, address and telephone
18number.

19(iv) Federal employer identification number, if
20applicable.

21(3) For a corporation, limited liability company or
22limited partnership, all of the following:

23(i) Name of the registering officer, manager and
24general partner.

25(ii) Business name, address and telephone number.

26(iii) Name of each director or each individual
27holding greater than a 5% equity interest in the entity.

28(4) For an out-of-State corporation, limited liability
29company or limited partnership, the name and address of the
30entity's resident agent or registered office provider within

1this Commonwealth and any registration number or license
2number issued to the entity by its home state or political
3subdivision of the other state, if applicable.

4(5) For a joint venture applicant, the name, address and
5telephone number of the joint venture, as well as the name,
6address and telephone number of each party to the joint
7venture.

8(c) Reporting of multiple registrations.--An entity owning
9multiple scrap processing and recycling facilities must register
10individually for each physical address of a scrap processing and
11recycling facility.

12(d) Application fees.--

13(1) Each completed registration form for a scrap
14recycler or renewal of registration shall be accompanied by a
15fee of $100. After completion of the registration and payment
16of the fee, the Pennsylvania State Police shall issue, within
17seven business days, the scrap processing and recycling
18facility a registration certificate identifying the name of
19the applicant, scrap processing and recycling facility name
20and address and a registration number. The certificate shall
21be valid for a period of two years. Renewals shall be on a
22biennial basis.

23(2) The registration fee shall be used to establish and
24maintain the database under section 6.1.

25(e) Proof of registration.--A scrap processor and recycling
26facility shall include its registration number in all
27advertisements distributed within this Commonwealth, and shall
28have the registration certificate clearly visible at its place
29of business.

30(f) Failure to register.--A scrap processor or recycling

1facility that fails to register commits a summary offense and
2shall, upon conviction, be sentenced to pay a fine of $1,000.

3Section 4. Section 7 of the act is amended to read:

4Section 7. Penalties.

5(a) Scrap processor and recycling facility operator 
6penalties.--[A<-] Except as provided under section 6.2(f), a scrap
7processor and recycling facility operator who violates this act
8commits a summary offense and shall, upon conviction, be
9sentenced to pay a fine of up to $2,500. A second or subsequent
10violation shall be classified as a misdemeanor of the third
11degree.

12(b) Motor vehicle penalties.--Upon a conviction of an 
13offense under 18 Pa.C.S. § 3921 (relating to theft by unlawful 
14taking or disposition) or 3925 (relating to receiving stolen 
15property) that relates to the theft of scrap material or the 
16transportation of stolen scrap material, the <-courts shall court 
17may order the impoundment of any vehicle used in the act of 
18theft of scrap material or the transportation of stolen scrap 
19material. For the first offense, a vehicle <-shall may be 
20impounded for at least 30 days, but not more than 60 days. For a 
21second or subsequent offense involving the same motor vehicle, 
22the vehicle <-shall may be impounded for at least 60 days and not 
23more than 180 days. The person convicted shall be responsible 
24for any fees associated with or related to the impoundment of 
25the vehicle.

26Section <-2 5. This act shall take effect in 60 days.