CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 2686
PRINTER'S NO. 2697
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2291
Session of
2022
INTRODUCED BY ISAACSON, WHITE, BURGOS, CEPHAS, DRISCOLL,
FITZGERALD, FREEMAN, GILLEN, GUENST, HENNESSEY, HOHENSTEIN,
MADDEN, NEILSON, ROZZI, SANCHEZ, SOLOMON, WARREN AND ZABEL,
JANUARY 27, 2022
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 27, 2022
AN ACT
Amending the act of October 9, 2008 (P.L.1408, No.113), entitled
"An act requiring scrap processors and recycling facility
operators to collect certain information relating to the
purchase of scrap material; requiring commercial accounts;
and restricting scrap processors and recycling facility
operators from purchasing certain materials," further
providing for identification requirements for sale of scrap
materials to scrap processors and recycling facility
operators.
The General Assembly finds that:
(1) Copper, aluminum, steel and other metal commodity
thefts rise as the price of metal property increases.
(2) Scrap processors and recycling facility operators
may serve as unknowing conduits for the disposition of stolen
metal property and may also be victims of theft.
(3) Individuals have found it to be more financially
advantageous to sell used beer kegs to a scrap processor or
recycling facility operator as opposed to returning the kegs
to the distributor where they were rented.
(4) This act is needed to ensure appropriate
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documentation of transactions to assist law enforcement
agencies to identify, recover and return stolen property to
its owner and to ensure, as reasonably as possible, that
scrap processors and recycling facility operators are less
likely to be used as conduits for the liquidation and
disposal of stolen metal property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3 of the act of October 9, 2008
(P.L.1408, No.113), known as the Scrap Material Theft Prevention
Act, is amended by adding subsections to read:
Section 3. Identification requirements for sale of scrap
materials to scrap processors and recycling facility
operators.
* * *
(a.1) Additional requirements for catalytic converters.--A
scrap processor and recycling facility operator shall collect
the following in addition to the information required under
subsection (a) if the transaction includes a catalytic
converter:
(1) The year, make, model and vehicle identification
number of the vehicle from which the catalytic converter was
removed.
(2) A photograph of the catalytic converter.
(3) A photograph of the seller.
* * *
(c.1) Holding period for transactions involving a catalytic
converter.--If a transaction between a scrap processor and
recycling facility operator and a seller includes a catalytic
converter, in addition to the requirements under subsection (c),
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the following shall apply:
(1) Except as provided under paragraph (2), the scrap
processor or recycling facility operator shall withhold
payment to the seller for 48 hours.
(2) If a hold is in place under subsection (c), the
scrap processor or recycling facility shall withhold payment
until the hold is lifted by law enforcement or a magisterial
district judge under subsection (c).
(3) During a holding period under subsection (c) or this
subsection, the scrap processor or recycling facility
operator shall keep the catalytic converter intact and safe
from alteration, damage or commingling and shall place an
identifying tag or other suitable identification upon the
scrap metal.
* * *
Section 2. This act shall take effect in 60 days.
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