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

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* * *

22"Railroad material." Railroad power and signal equipment,

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

5* * *

6Section 2. Sections 4(d) and 5 of the act are amended to
7read:

8Section 4. Commercial accounts.

9* * *

10(d) Financial transactions.--Once a commercial account has
11been established, if a financial transaction occurs between a
12scrap processor or recycling facility operator and a person
13delivering the scrap material, the scrap processor or recycling
14facility operator shall obtain the following before completing
15each transaction:

16(1) A photocopy of the driver's license of the person
17delivering the scrap materials.

18(2) The license plate number of the vehicle transporting
19scrap material.

20(3) The telephone number of the commercial account.

21(4) Confirmation that the person delivering the scrap
22material is authorized to receive a check or cash on behalf
23of the person or entity providing the scrap material. The 
24confirmation shall consist of written, signed authorization 
25from the owner or officer of the commercial enterprise 
26stating that the person delivering the scrap material is 
27designated to receive payment for the scrap material.

28(5) An acknowledgment of receipt of cash payment, signed
29by the person delivering the scrap material and receiving the
30cash payment.

1Section 5. Restricted materials.

2A scrap processor and recycling facility operator may
3purchase the following scrap material only if the purchase
4occurs with a commercial enterprise:

5(1) New production scrap or new materials that are a
6part of a manufacturing process that are being sold by an
7individual, not a company.

8(2) Full sized, new materials, such as those used in
9construction, or equipment and tools used by contractors.

10(3) Commercial metal property.

11(4) Metallic wire that has been burned in whole or in
12part to remove insulation, unless the aggregate value is less
13than $100.

14(5) Beer kegs.

15(6) Detached catalytic converters.

16(7) Railroad materials.

17Section 3. The act is amended by adding sections to read:

18Section 6.1. Statewide registry of scrap processors and
19recycling facilities.

20The Pennsylvania State Police shall establish and maintain a
21Statewide registry of scrap processors and recycling facilities
<-22that register with the Pennsylvania State Police under section
236.2. The registry <-information shall be posted on the <-publicly
24accessible Internet website of the Pennsylvania State Police <-and
25shall be accessible to law enforcement personnel.

26Section 6.2. Duty to register.

27(a) General rule.--A scrap processor and recycling facility
28shall register with the Pennsylvania State Police as provided in
29this section.

30(b) <-Method of registration <-Registration.--A person shall

1register with the Pennsylvania State Police <-in writing or
2electronically via a secure Internet connection on a form
3provided by the Pennsylvania State Police. The application shall
4include <-under subsection (e). The registrant must provide the
5following information:

6(1) For an individual applicant, all of the following:

7(i) Name.

8(ii) Driver's license number<-, <-or a copy of an
9identification card issued by the state in which the
10individual resides <-or other form of identification as
11permitted by the Commonwealth.

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

13(iv) Federal employer identification number, if
14applicable.

15(2) For a general partnership applicant, all of the
16following:

17(i) Name of each partner.

18(ii) Driver's license number or a copy of an
19identification card issued by the state in which each
20partner resides, of each partner.

21(iii) Partnership name, address and telephone
22number.

23(iv) Federal employer identification number, if
24applicable.

25(3) For a corporation, limited liability company or
26limited partnership, all of the following:

27(i) Name of the registering officer, manager and
28general partner.

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

30(iii) Name of each director or each individual

1holding greater than a 5% equity interest in the entity.

2(4) For an out-of-State corporation, limited liability
3company or limited partnership, the name and address of the
4entity's resident agent or registered office provider within
5this Commonwealth and any registration number or license
6number issued to the entity by its home state or political
7subdivision of the other state, if applicable.

8(5) For a joint venture <-applicant, the name, address and
9telephone number of the joint venture, as well as the name,
10address and telephone number of each party to the joint
11venture.

12(c) Reporting of multiple registrations.--An entity owning
13multiple scrap processing and recycling facilities must register
14individually for each physical address of a scrap processing and
15recycling facility.

16(d) <-Application <-Registration fees.--

17(1) Each completed registration form for a scrap
18recycler or renewal of registration shall be accompanied by a
19fee of $100. After completion of the registration and payment
20of the fee, the Pennsylvania State Police shall issue, within
<-21seven <-14 business days, the scrap processing and recycling
22facility a <-written notice of registration <-certificate
23identifying the name of the applicant, scrap processing and
24recycling facility name and address and a registration
25number. The <-certificate <-notice shall be valid for a period of
26two years. Renewals shall be on a biennial basis.

27(2) The registration fee shall be used to establish and
28maintain the a database under <-section 6.1 <-this act. Before
29July 1, 2016, money collected under paragraph (1) shall
30augment the money appropriated to the Pennsylvania State

1Police to be used to create an electronic database of
2registrations. The Pennsylvania State Police shall transmit a
3notice when the electronic database is operational to the
4Legislative Reference Bureau for publication in the
5Pennsylvania Bulletin. After June 30, 2016, money collected
6under paragraph (1) shall be deposited in the General Fund.

7(e) Method of registration.--

8(1) Except as set forth in paragraph (2), registration
9must be in writing on a form prescribed by the Pennsylvania
10State Police.

11(2) After publication of the notice under subsection (d)
12(2), the Pennsylvania State Police may require registration:

13(i) in writing on a form prescribed by the
14Pennsylvania State Police; or

15(ii) electronically.

<-16(e) <-(f) Proof of registration.--A scrap processor and
17recycling facility shall include its registration number in all
18advertisements distributed within this Commonwealth, and shall
19have the <-notice of registration <-certificate clearly visible at
20its place of business.

<-21(f) <-(g) Failure to register.--A scrap processor or recycling
22facility that fails to register commits a summary offense and
23shall, upon conviction, be sentenced to pay a fine of $1,000.

24Section 4. Section 7 of the act is amended to read:

25Section 7. Penalties.

26[A] (a) Scrap processor and recycling facility operator 
27penalties.--Except as provided under section <-6.2(f) <-6.2(g), a
28scrap processor and recycling facility operator who violates
29this act commits a summary offense and shall, upon conviction,
30be sentenced to pay a fine of up to $2,500. A second or

1subsequent violation shall be classified as a misdemeanor of the
2third degree.

3(b) Motor vehicle penalties.--Upon a conviction of an 
4offense under 18 Pa.C.S. § 3921 (relating to theft by unlawful 
5taking or disposition) or 3925 (relating to receiving stolen 
6property) that relates to the theft of scrap material or the 
7transportation of stolen scrap material, the court may order the 
8impoundment of any vehicle used in the act of theft of scrap 
9material or the transportation of stolen scrap material. For the 
10first offense, a vehicle may be impounded for at least 30 days, 
11but not more than 60 days. For a second or subsequent offense 
12involving the same motor vehicle, the vehicle may be impounded 
13for at least 60 days and not more than 180 days. The person 
14convicted shall be responsible for any fees associated with or 
15related to the impoundment of the vehicle.

16Section 5. This act shall take effect in 60 days.