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," providing for
7registry of operators, processors and locations; and further
8providing for identification requirements for sale of scrap
9materials to scrap processors and recycling facility
10operators and for commercial accounts.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. The act of October 9, 2008 (P.L.1408, No.113),
14known as the Scrap Material Theft Prevention Act, is amended by
15adding a section to read:

16Section 2.1. Registry of operators, processors and locations.

17(a) Registration.--

18(1) A recycling facility operator or scrap processor may
19not purchase, deal or engage in the scrap metal business
20unless the operator or processor and all locations used by

1the operator or processor to purchase, deal or engage in the
2scrap metal business are registered with the Office of
3Attorney General.

4(2) A certificate of proof of registration under this
5section shall be displayed prominently as required by
6regulations promulgated under this section.

7(b) Time periods.--

8(1) A registration under this section shall expire two
9years from the date of initial registration or renewal of the
10registration.

11(2) A current valid registration under this section
12shall expire 60 days after the death of the registrant. The
13Attorney General, or a designated representative of the
14Attorney General, may extend the 60-day time period for good
15cause.

16(3) A current valid registration under this section
17shall expire immediately after a registrant is no longer an
18employee or agent of the location designated on the
19registration.

20(c) Powers and duties.--The Attorney General, or a
21designated representative of the Attorney General, shall do the
22following:

23(1) Promulgate regulations to carry out the provisions
24of this section.

25(2) Set registration and renewal fees to cover the
26administrative costs of this section.

27(3) Issue, renew or deny registration and certificates
28of proof of registration.

29(d) Declaration.--The application for registration or
30renewal under this section must include a declaration by the

1applicant for registration or renewal that the applicant has not
2been convicted of an offense listed in subsection (e) that
3related to scrap metal. An applicant who knowingly or willfully
4makes a false statement in the declaration shall be subject to
5prosecution for perjury under 18 Pa.C.S. § 4902 (relating to
6perjury).

7(e) Prohibition.--If an applicant for registration or
8renewal under this section has been convicted of a violation of
9this act or any of the following offenses involving scrap metal,
10the applicant shall be prohibited from registering for five
11years from the date of conviction:

12(1) An offense under 18 Pa.C.S. Ch. 33 (relating to arson,
13criminal mischief and other property destruction).

14(2) An offense under 18 Pa.C.S. Ch. 35 (relating to burglary
15and other criminal intrusion).

16(3) An offense under 18 Pa.C.S. Ch. 39 (relating to theft
17and related offenses).

18Section 2. Sections 3(a), (b), (c)(1), (d) and 4(d) of the
19act are amended and the sections are amended by adding
20subsections to read:

21Section 3. Identification requirements for sale of scrap
22materials to scrap processors and recycling facility
23operators.

24(a) General rule.--A registered scrap processor and
25recycling facility operator shall collect and transmit to the 
26Office of Attorney General the following information for all
27transactions by a seller [of restricted material under section 5
28and from any other seller when the purchase of scrap material
29from the seller exceeds $100]:

30(1) A photocopy of the driver's license of the seller.

1(2) The seller's and buyer's signature for each
2transaction.

3(3) The license plate number of the motor vehicle the
4seller operates at the time of the transaction.

5(4) Written permission of the seller's parent or legal
6guardian, if the seller is under 18 years of age.

7(5) The date and time of the transaction.

8(6) A detailed description of the scrap material
9included in the transaction, including the identifying 
10information, types of items, weight of the scrap material and
11the amount paid to the seller.

12(a.1) Database.--

13(1) The Attorney General, or the designated agent or
14representative of the Attorney General, shall develop and
15maintain a database accessible by law enforcement agencies
16that provides the following:

17(i) Secure receiving and storing of all information
18required under this section including registration
19information and daily transaction data.

20(ii) A link and retransmission capabilities for
21routine scrap theft alerts published by the Institute of
22Scrap Recycling Industries. An alert shall be sent to
23both registrants and law enforcement agencies.

24(iii) Search capabilities for law enforcement
25purposes.

26(iv) Accessibility, search capabilities and editing
27capabilities to a registrant with regard to the
28registrant's own data and transaction history. Editing
29may only be done in accordance with regulations that may
30be promulgated by the Attorney General, or the designated

1representative of the Attorney General.

2(2) A record kept or created under this section shall
3not constitute a public record subject to public access under
4the act of February 14, 2008 (P.L.6, No.3), known as the
5Right-to-Know Law.

6(b) Tracking the transaction.--A scrap processor and
7recycling facility operator shall[, when payment is made in
8cash,] develop methods of tracking a transaction that obtains
9the seller's signature on a receipt for the transaction. The
10receipt shall include a certification that the seller is the
11owner or authorized seller of the scrap material.

12(b.1) Cash transactions prohibited.--A scrap processor or
13recycling facility operator may not make payment in cash for the
14purchase of scrap material from a seller. Credit card, debit
15card and electronic funds transfer transactions shall not be
16considered cash transactions under this subsection.

17(c) Holding period.--

18(1) (i) Following notification, either verbally, 
19through an alert retransmitted from the Institute of 
20Scrap Recycling Industries or in writing, from a law
21enforcement officer that certain scrap materials have
22been reported as stolen, a scrap processor or recycling
23facility operator that is in possession of the scrap
24material in question shall hold that scrap material
25intact and safe from alteration, damage or commingling
26and shall place an identifying tag or other suitable
27identification upon the scrap material.

28(ii) A law enforcement officer making a verbal
29request shall provide the scrap processor or recycling
30facility operator, upon request, with the officer's name,

1badge number and department contact telephone number so
2that the scrap processor or recycling facility operator
3may call back to confirm the identity of the law
4enforcement officer.

5* * *

6(d) Maintenance of records.--The information required by
7this section shall be maintained by the scrap processor or
8recycling facility operator and the Office of Attorney General
9for a minimum of two years from the date of the transaction.

10Section 4. Commercial accounts.

11* * *

12(d) Financial transactions.--Once a commercial account has
13been established, if a financial transaction occurs between a
14scrap processor or recycling facility operator and a person
15delivering the scrap material, the scrap processor or recycling
16facility operator shall obtain the following before completing
17each transaction:

18(1) A photocopy of the driver's license of the person
19delivering the scrap materials.

20(2) The license plate number of the vehicle transporting
21scrap material.

22(3) The telephone number of the commercial account.

23(4) Confirmation that the person delivering the scrap
24material is authorized to receive a [check or cash] payment
25on behalf of the person or entity providing the scrap
26material.

27(e) Database.--The information in this section, including
28the transaction data and the information on record for the
29commercial account, shall also be included in the database kept
30by the Office of Attorney General under section 3(a.1).

1(f) Access.--A record kept or created under this section
2shall not constitute a public record subject to public access
3under the act of February 14, 2008 (P.L.6, No.3), known as the
4Right-to-Know Law.

5Section 3. This act shall take effect in 60 days.