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 definitions <-and for restricted materials., for 
8commercial accounts and for restricted materials; providing 
9for Statewide registry of scrap processors and recycling 
10facilities and for duty to register and for criminal 
11registry; and further providing for penalties.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

<-14Section 1. Section 2 of the act of October 9, 2008
15(P.L.1408, No.113), known as the Scrap Material Theft Prevention
16Act, is amended by adding a definition to read:

17Section 2. Definitions.

18The following words and phrases when used in this act shall
19have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21* * *

1"Railroad material." Railroad power and signal equipment, 
2road or rail crossing signals, railroad track, railroad switch 
3components, railroad spike, angle/joint bar as used in the 
4jointing of railroad track, railroad anchors, railroad tie plate 
5or bolt used in constructing a railroad.

6* * *

7Section 2. Section 5 of the act is amended to read:

8Section 5. Restricted materials.

9A scrap processor and recycling facility operator may
10purchase the following scrap material only if the purchase
11occurs with a commercial enterprise:

12(1) New production scrap or new materials that are a
13part of a manufacturing process that are being sold by an
14individual, not a company.

15(2) Full sized, new materials, such as those used in
16construction, or equipment and tools used by contractors.

17(3) Commercial metal property.

18(4) Metallic wire that has been burned in whole or in
19part to remove insulation, unless the aggregate value is less
20than $100.

21(5) Beer kegs.

22(6) Detached catalytic converters.

23(7) Railroad materials.

24Section 3. This act shall take effect in 60 days.

<-25Section 1. Section 2 of the act of October 9, 2008
26(P.L.1408, No.113), known as the Scrap Material Theft Prevention 
27Act, is amended by adding a definition to read:

28Section 2. Definitions.

29The following words and phrases when used in this act shall
30have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2* * *

3"Railroad material." Railroad power and signal equipment,
4road or rail crossing signals, railroad track, railroad switch
5components, railroad spike, angle/joint bar as used in the
6jointing of railroad track, railroad anchors, railroad tie plate
7or bolt used in constructing a railroad.

8* * *

9Section 2. Sections 4(d) and 5 of the act are amended to
10read:

11Section 4. Commercial accounts.

12* * *

13(d) Financial transactions.--Once a commercial account has
14been established, if a financial transaction occurs between a
15scrap processor or recycling facility operator and a person
16delivering the scrap material, the scrap processor or recycling
17facility operator shall obtain the following before completing
18each transaction:

19(1) A photocopy of the driver's license of the person
20delivering the scrap materials.

21(2) The license plate number of the vehicle transporting
22scrap material.

23(3) The telephone number of the commercial account.

24(4) Confirmation that the person delivering the scrap
25material is authorized to receive a check or cash on behalf
26of the person or entity providing the scrap material. The 
27confirmation shall consist of written, signed authorization 
28from the owner or officer of the commercial enterprise 
29stating that the person delivering the scrap material is 
30designated to receive payment for the scrap material.

1(5) An acknowledgment of receipt of cash payment, signed
2by the person delivering the scrap material and receiving the
3cash payment.

4Section 5. Restricted materials.

5A scrap processor and recycling facility operator may
6purchase the following scrap material only if the purchase
7occurs with a commercial enterprise:

8(1) New production scrap or new materials that are a
9part of a manufacturing process that are being sold by an
10individual, not a company.

11(2) Full sized, new materials, such as those used in
12construction, or equipment and tools used by contractors.

13(3) Commercial metal property.

14(4) Metallic wire that has been burned in whole or in
15part to remove insulation, unless the aggregate value is less
16than $100.

17(5) Beer kegs.

18(6) Detached catalytic converters.

19(7) Railroad materials.

20Section 3. The act is amended by adding sections to read:

21Section 6.1. Statewide registry of scrap processors and
22recycling facilities.

23The Pennsylvania State Police shall establish and maintain a
24Statewide registry of scrap processors and recycling facilities
25that register with the Pennsylvania State Police under section
266.2. The registry shall be posted on the Internet website of the
27Pennsylvania State Police and shall be accessible to law
28enforcement personnel.

29Section 6.2. Duty to register.

30(a) General rule.--A scrap processor and recycling facility

1shall register with the Pennsylvania State Police as provided in
2this section.

3(b) Method of registration.--A person shall register with
4the Pennsylvania State Police in writing or electronically via a
5secure Internet connection on a form provided by the
6Pennsylvania State Police. The application shall include the
7following information:

8(1) For an individual applicant, all of the following:

9(i) Name.

10(ii) Driver's license number, a copy of an
11identification card issued by the state in which the
12individual resides or other form of identification as
13permitted by the Commonwealth.

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

15(iv) Federal employer identification number, if
16applicable.

17(2) For a general partnership applicant, all of the
18following:

19(i) Name of each partner.

20(ii) Driver's license number or a copy of an
21identification card issued by the state in which each
22partner resides, of each partner.

23(iii) Partnership name, address and telephone
24number.

25(iv) Federal employer identification number, if
26applicable.

27(3) For a corporation, limited liability company or
28limited partnership, all of the following:

29(i) Name of the registering officer, manager and
30general partner.

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

2(iii) Name of each director or each individual
3holding greater than a 5% equity interest in the entity.

4(4) For an out-of-State corporation, limited liability
5company or limited partnership, the name and address of the
6entity's resident agent or registered office provider within
7this Commonwealth and any registration number or license
8number issued to the entity by its home state or political
9subdivision of the other state, if applicable.

10(5) For a joint venture applicant, the name, address and
11telephone number of the joint venture, as well as the name,
12address and telephone number of each party to the joint
13venture.

14(c) Reporting of multiple registrations.--An entity owning
15multiple scrap processing and recycling facilities must register
16individually for each physical address of a scrap processing and
17recycling facility.

18(d) Application fees.--

19(1) Each completed registration form for a scrap
20recycler or renewal of registration shall be accompanied by a
21fee of $100. After completion of the registration and payment
22of the fee, the Pennsylvania State Police shall issue, within
23seven business days, the scrap processing and recycling
24facility a registration certificate identifying the name of
25the applicant, scrap processing and recycling facility name
26and address and a registration number. The certificate shall
27be valid for a period of two years. Renewals shall be on a
28biennial basis.

29(2) The registration fee shall be used to establish and
30maintain the database under section 6.1.

1(e) Proof of registration.--A scrap processor and recycling
2facility shall include its registration number in all
3advertisements distributed within this Commonwealth, and shall
4have the registration certificate clearly visible at its place
5of business.

6(f) Failure to register.--A scrap processor or recycling
7facility that fails to register commits a summary offense and
8shall, upon conviction, be sentenced to pay a fine of $1,000.

9Section 4. Section 7 of the act is amended to read:

10Section 7. Penalties.

11[A] (a) Scrap processor and recycling facility operator 
12penalties.--Except as provided under section 6.2(f), a scrap
13processor and recycling facility operator who violates this act
14commits a summary offense and shall, upon conviction, be
15sentenced to pay a fine of up to $2,500. A second or subsequent
16violation shall be classified as a misdemeanor of the third
17degree.

18(b) Motor vehicle penalties.--Upon a conviction of an 
19offense under 18 Pa.C.S. § 3921 (relating to theft by unlawful 
20taking or disposition) or 3925 (relating to receiving stolen 
21property) that relates to the theft of scrap material or the 
22transportation of stolen scrap material, the court may order the 
23impoundment of any vehicle used in the act of theft of scrap 
24material or the transportation of stolen scrap material. For the 
25first offense, a vehicle may be impounded for at least 30 days, 
26but not more than 60 days. For a second or subsequent offense 
27involving the same motor vehicle, the vehicle may be impounded 
28for at least 60 days and not more than 180 days. The person 
29convicted shall be responsible for any fees associated with or 
30related to the impoundment of the vehicle.

1Section 5. This act shall take effect in 60 days.