PRINTER'S NO. 379
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
403
Session of
2019
INTRODUCED BY BIZZARRO, KINSEY, BERNSTINE, McNEILL, KORTZ,
SCHWEYER, HILL-EVANS AND DeLUCA, FEBRUARY 6, 2019
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 6, 2019
AN ACT
Amending Title 16 (Counties) of the Pennsylvania Consolidated
Statutes, providing for electronic device licenses.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 16 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART IV
LICENSES
Chapter
81. Electronic Device Licenses
CHAPTER 81
ELECTRONIC DEVICE LICENSES
Sec.
8101. Definitions.
8102. License required.
8103. Records of transactions.
8104. Retention of electronic devices and availability for
inspection.
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8105. Purchases from minors.
8106. Local ordinances.
8107. Inspection of licensee.
8108. Penalty.
8109. Severability.
8110. Applicability.
§ 8101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Dealer of electronic devices." An individual, partnership,
association, corporation or business entity, or any member
thereof, that purchases or possesses electronic devices from the
general public for resale or an individual who acts as agent for
an individual, partnership, association, corporation or business
entity for the purchase or possession of electronic devices. The
term does not include an individual or entity that purchases or
possesses electronic devices on behalf of a charitable
organization as that term is defined in section 3 of the act of
December 19, 1990 (P.L.1200, No.202), known as the Solicitation
of Funds for Charitable Purposes Act.
"Electronic device." A device which accomplishes its purpose
electronically and any component or accessory of the device.
"Transaction." A purchase or consignment of an electronic
device by a dealer of electronic devices, other than as an
allowance for the trade-in or exchange of the electronic device
on the purchase of a new electronic device of the same kind from
a dealer primarily engaged in the business of selling new
electronic devices .
§ 8102. License required.
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(a) Dealer.--A dealer of electronic devices shall obtain a
license from the sheriff of the county in which the dealer
purchases or possesses the electronic devices.
(b) Application form.--The application for a license under
this section shall be on a form as prescribed by regulations
promulgated by the Attorney General.
(c) License fee.--A license fee in an amount not to exceed
$50, as prescribed by the Attorney General, shall be paid
annually. The fee shall be paid into the treasury of the county
where the license is issued.
(d) Duration of license.--A license issued under this
chapter shall be valid for one year.
(e) Public record.--A license application under this section
shall be a public record and be available to the general public
for inspection.
§ 8103. Records of transactions.
(a) Recordkeeping.--Dealers of electronic devices shall keep
a record of every transaction upon a form approved by the
Attorney General. The record shall include, at a minimum:
(1) The name, age and address of the seller, which must
be verified by the dealer, requiring photographic proof of
identity from the seller sufficient to ensure the accuracy of
the represented name, age and address of the seller. Each
dealer of electronic devices must make a photocopy of the
identification and retain the photocopy with the record of
purchase or consignment for a period of not less than 180
days from date of purchase or consignment.
(2) An accurate description of the property purchased,
including any serial number or other identifying marks or
symbols and the date and time of the transaction.
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(b) Retention of records.--Records of purchase or
consignment shall be retained by a dealer of electronic devices
for a period of 180 days from the date of purchase or
consignment and shall be available for inspection by any law
enforcement official of the Federal Government, the Commonwealth
or any of its municipalities.
(c) Copy of record to district attorney.--A dealer of
electronic devices shall deliver or mail a copy of every
transaction, including a photocopy of photographic
identification, to the district attorney of the county in which
a purchase or consignment of electronic devices is made by the
close of the next business day after purchase or consignment.
(d) Copy of record to police department in lieu of district
attorney.--The district attorney may authorize that the records
required under this section be delivered or mailed to the police
department of the municipality in which the electronic devices
were purchased in lieu of delivery or mailing to the district
attorney.
§ 8104. Retention of electronic devices and availability for
inspection.
(a) Electronic devices to be retained for five days.--Each
electronic device purchased by a dealer of electronic devices
shall be retained in unaltered condition for five full working
days after a report of its purchase has been filed with the
proper district attorney or the district attorney's designee.
(b) Electronic devices to be available for inspection.--
Electronic devices shall be available for inspection during the
retention period required under subsection (a) by law
enforcement officials of the Federal Government, the
Commonwealth or any of its municipalities in the course of their
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law enforcement duties. A search warrant shall not be required
unless the inspection is made during hours other than those when
the dealer of electronic devices is open for business.
(c) Notice.--If a law enforcement official has probable
cause to believe an electronic device was stolen, the official
may give written notice to the dealer of electronic devices.
Upon receipt of the written notice, the dealer of electronic
devices shall retain the electronic device in unaltered
condition for an additional seven days, unless the law
enforcement official recalls the notice in writing.
(d) Court-ordered retention.--Upon application of the
district attorney, a court of proper jurisdiction may order a
dealer of electronic devices to retain an electronic device for
a reasonable period.
(e) Location.--An electronic device required to be retained
under subsection (d) shall be retained within the county of
purchase at the location where the dealer of electronic devices
purchased the electronic device, unless otherwise authorized in
writing by the district attorney or a designee.
§ 8105. Purchases from minors.
A dealer of electronic devices shall wait three business days
after taking possession of an electronic device before providing
payment for the electronic device to a person under 18 years of
age.
§ 8106. Local ordinances.
This chapter shall not supersede or preclude the adoption of
a municipal ordinance applicable to dealers of electronic
devices, if the municipal ordinance meets the minimum
requirements of this chapter.
§ 8107. Inspection of licensee.
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The acceptance of a license by a dealer of electronic devices
implies consent to inspections of the dealer's premises by law
enforcement officials and officials authorized to enforce laws,
regulations or ordinances related, directly or indirectly, to
disposal of electronic devices.
§ 8108. Penalty.
(a) Unlicensed purchases.--The purchase of an electronic
device by a dealer of electronic devices who does not hold a
valid license under this chapter is a violation of this chapter
and a misdemeanor of the third degree.
(b) Violations by licensed dealers.--A licensed dealer of
electronic devices who violates a provision of this chapter
commits a misdemeanor of the third degree and shall, upon
conviction, be subject to immediate revocation of an existing
license issued under this chapter and be ineligible to apply for
a license under this chapter for five years thereafter.
§ 8109. Severability.
The provisions of this chapter are severable. If any
provision of this chapter or its application to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of this chapter which can be
given effect without the invalid provision or application.
§ 8110. Applicability.
(a) Attorney General.--The Attorney General shall promulgate
regulations for the implementation and operation of this
chapter.
(b) Prohibition.--This chapter shall not apply to a person
until the regulations under subsection (a) have been
promulgated.
Section 2. This act shall take effect immediately.
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