HB 791 — An Act amending the act of October 9, 2008 (P.L.1408, No.113), known as the Scrap Material Theft Prevention Act, further providing for identification requirements for sale of scrap materials to scrap processors and recycling facility operators and for penalties; and imposing penalties.

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16521754 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

DAVIS, BURGOS, CEPEDA-FREYTIZ, DEASY, DELLOSO, GALLAGHER, GIRAL, GUENST, HILL-EVANS, HOHENSTEIN, KINKEAD, KINSEY, MADDEN, PARKER, SAMUELSON, SANCHEZ, TOMLINSON, VITALI, WARREN, BOYLE, GILLEN, MALAGARI, GREEN AND McNEILL, APRIL 3, 2023 AS REPORTEDAMENDED FROM COMMITTEE ON CONSUMERSECOND PROTECTION,CONSIDERATION, TECHNOLOGY AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 21,27, 2023 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;

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 ANDand FORfor PENALTIES.penalties;

AND IMPOSING PENALTIES.

SectionSections 3 and 7 of the act of October 9, 2008 <-- (P.L.1408, No.113), known as the Scrap Material Theft Prevention Act, isare amended by adding subsections to read:

SECTIONS 33(A) AND 7(B) AND 7(A) OF THE ACT OF <-- OCTOBER 9, 2008 <-- (P.L.1408, NO.113), KNOWN AS THE SCRAP MATERIAL THEFT PREVENTION ACT, ARE AMENDED AND THE SECTIONS ARE AMENDED BY ADDING SUBSECTIONS TO READ:

* * * (a.1)<-- Additional(A) requirementsGENERAL forRULE.--A catalyticSCRAP converters.--APROCESSOR scrapAND processorRECYCLING andFACILITY recycling<-- facilityOPERATOR operatorSHALL shallCOLLECT collectTHE theFOLLOWING followingINFORMATION inFOR additionALL toTRANSACTIONS theBY informationA requiredSELLER underOF subsectionRESTRICTED (a)MATERIAL ifUNDER theSECTION transaction5 includesAND aFROM catalyticANY converter:OTHER SELLER WHEN THE PURCHASE OF SCRAP MATERIAL FROM THE SELLER EXCEEDS $100 OR THE SCRAP MATERIAL BEARS A NAME OR MARK UNDER 54 PA.C.S.

CH.

15 (RELATING TO REUSABLE MARKED ARTICLES AND RECEPTACLES):

(1) A PHOTOCOPY OF THE DRIVER'S LICENSE OF THE SELLER.

(2) THE SELLER'S AND BUYER'S SIGNATURE FOR EACH TRANSACTION.

(3) THE LICENSE PLATE NUMBER OF THE MOTOR VEHICLE THE SELLER OPERATES AT THE TIME OF THE TRANSACTION.

(4) WRITTEN PERMISSION OF THE SELLER'S PARENT OR LEGAL GUARDIAN, IF THE SELLER IS UNDER 18 YEARS OF AGE.

(5) THE DATE AND TIME OF THE TRANSACTION.

(6) A DESCRIPTION OF THE SCRAP MATERIAL INCLUDED IN THE TRANSACTION, INCLUDING THE WEIGHT OF THE SCRAP MATERIAL AND THE AMOUNT PAID TO THE SELLER.

(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:

20230HB0791PN1754 - 2 - (3) A photograph of the seller.

(B) TRACKING THE TRANSACTION.--A SCRAP PROCESSOR AND <-- RECYCLING FACILITY OPERATOR SHALL[, WHEN PAYMENT IS MADE IN CASH,] DEVELOP METHODS OF TRACKING [A TRANSACTION THAT OBTAINS THE SELLER'S SIGNATURE ON A RECEIPT FOR THE TRANSACTION.

THE RECEIPT SHALL INCLUDE A CERTIFICATION THAT THE SELLER IS THE OWNER OR AUTHORIZED SELLER OF THE SCRAP MATERIAL.] ANY TRANSACTION THAT REQUIRES THE SCRAP PROCESSOR OR RECYCLING FACILITY OPERATOR TO OBTAIN THE INFORMATION UNDER SUBSECTION (A).

(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 20230HB0791PN1652 - 2 - identifying tag or other suitable identification upon the scrap metal.

* * * SECTION20230HB0791PN1754 7.- 3 - (E) PENALTIES.--A SCRAP PROCESSOR OR RECYCLING FACILITY <-- OPERATOR THAT FAILS TO COLLECT THE INFORMATION REQUIRED BY SUBSECTION (A) IS GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN $5,000.

PENALTIES.Section 7.

<--Penalties. * * * (C) CATALYTIC CONVERTER PENALTIES.--A PERSON WHO INTENTIONALLY POSSESSES A DETACHED CATALYTIC CONVERTER THAT IS NOT AFFILIATED WITH A COMMERCIAL ACCOUNT WITH PROPER JUSTIFICATION COMMITS A MISDEMEANOR OF THE THIRD DEGREE.

(A) SCRAP PROCESSOR AND RECYCLING FACILITY OPERATOR <-- PENALTIES.--EXCEPT AS PROVIDED UNDER SECTION 3(E) AND 6.2(G), A SCRAP PROCESSOR AND RECYCLING FACILITY OPERATOR WHO VIOLATES THIS ACT COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF UP TO $2,500.

A SECOND OR SUBSEQUENT VIOLATION SHALL BE CLASSIFIED AS A MISDEMEANOR OF THE THIRD DEGREE.

* * * (c) Catalytic converter penalties.--A person who intentionally possesses a detached catalytic converter that is not affiliated with a commercial account with proper justification commits a misdemeanor of the third degree.

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