SB 914 — An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, requiring scrap processors and recycling facility operators to collect certain information relating to the purchase of scrap material; requiring commercial accounts; restricting scrap processors and recycling facility operators from purchasing certain materials; and making a repeal.

PRIOR PRINTER'S NO.

1090 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

9141210 2025THE INTRODUCEDGENERAL BYASSEMBLY FARRY,OF PENNYCUICK,PENNSYLVANIA PICOZZI,SENATE FONTANA,BILL STEFANO,Session VOGEL, ROBINSON, ARGALL AND CULVER, JULY 31, 2025 REFERRED TO JUDICIARY, JULY 31, 2025 AN ACT Amending Title 18 (Crimes and Offenses) of theNo. Pennsylvania Consolidated Statutes, consolidating the provisions of the Scrap Material Theft Prevention Act into Title 18;

914 2025 INTRODUCED BY FARRY, PENNYCUICK, PICOZZI, FONTANA, STEFANO, VOGEL, ROBINSON, ARGALL AND CULVER, JULY 31, 2025 AS AMENDED ON THIRD CONSIDERATION, OCTOBER 6, 2025 AN ACT AmeConsolidated Statutes, consolidating the provisions of the <-- Scrap Material Theft Prevention Act into Title 18;

REQUIRING SCRAP PROCESSORS AND RECYCLING FACILITY <-- OPERATORS TO COLLECT CERTAIN INFORMATION RELATING TO THE PURCHASE OF SCRAP MATERIAL;

REQUIRING COMMERCIAL ACCOUNTS;

RESTRICTING SCRAP PROCESSORS AND RECYCLING FACILITY OPERATORS FROM PURCHASING CERTAIN MATERIALS;

AND MAKING A REPEAL.

20250SB0914PN1210 - 2 - (3) Road and bridge guardrails.

20250SB0914PN1090 - 2 - (5) Water meter covers.

"Ferrous metals." Items that are predominantly made from iron or steel that have no further use in the metal's original manufactured form but which can be melted for the metal content 20250SB0914PN1210 - 3 - and utilized in the manufacture of new products.

"Law enforcement officer." A member of the Pennsylvania 20250SB0914PN1090 - 3 - State Police or an individual employed as a police officer who holds a current certificate under 53 Pa.C.S.

The term does not include a person who 20250SB0914PN1210 - 4 - operates a transfer station or landfill for solid waste, composting facility or resource recovery facility.

20250SB0914PN1090 - 4 - "Scrap processor." An owner, operator or employee who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous metal or nonferrous metal scrap, paper scrap, plastic scrap, rubber scrap or glass scrap into prepared grades and whose principal product is sold as a raw material in the manufacture of new products.

20250SB0914PN1210 - 5 - (b) Tracking the transaction.--A scrap processor and recycling facility operator shall, when payment is made in cash, 20250SB0914PN1090 - 5 - develop methods of tracking a transaction that obtains the seller's signature on a receipt for the transaction.

(3) The scrap processor or recycling facility shall hold the scrap material for a period of time as directed by the 20250SB0914PN1210 - 6 - applicable law enforcement agency, up to a maximum of 48 hours following notification, unless extended under paragraph 20250SB0914PN1090 - 6 - (5).

20250SB0914PN1210 - 7 - § 3953.

(a) Duty to create and maintain.--Each scrap processor and 20250SB0914PN1090 - 7 - recycling facility operator must create and maintain a permanent record with a commercial enterprise, including another scrap metal business, in order to establish a commercial account.

(d) Financial transactions.--Once a commercial account has been established, if a financial transaction occurs between a scrap processor or recycling facility operator and a person 20250SB0914PN1210 - 8 - delivering the scrap material, the scrap processor or recycling facility operator shall obtain the following before completing 20250SB0914PN1090 - 8 - each transaction:

(4) Metallic wire that has been burned in whole or in part to remove insulation, unless the aggregate value is less 20250SB0914PN1210 - 9 - than $100.

20250SB0914PN1090 - 9 - (6) Detached catalytic converters.

A scrap processor and recycling facility operator shall disclose seller registration information required by this act <-- SUBCHAPTER during normal business hours to any investigative or <-- law enforcement officer or any person acting at the direction or request of an investigative or law enforcement officer to investigate suspected criminal activities.

20250SB0914PN1210 - 10 - (iii) Business name, address and telephone number.

(iv) Federal employer identification number, if 20250SB0914PN1090 - 10 - applicable.

(c) Reporting of multiple registrations.--An entity owning 20250SB0914PN1210 - 11 - multiple scrap processing and recycling facilities must register the physical address of each scrap processing and recycling 20250SB0914PN1090 - 11 - facility.

(e) Method of registration.-- (1) Except as provided under paragraph (2), registration must be in writing on a form prescribed by the Pennsylvania 20250SB0914PN1210 - 12 - State Police.

(2) After publication of the notice under subsection (d) 20250SB0914PN1090 - 12 - (2), the Pennsylvania State Police may require registration:

(a) Scrap processor and recycling facility operator <-- penalties.--Except as OPERATOR PENALTIES.-- <-- (1) EXCEPT AS provided under section 3957(g) (relating to duty to register), a scrap processor and recycling facility operator who THAT violates this subchapter commits a <-- summary offense and shall, upon conviction, be sentenced to pay a fine of up to $2,500.

(b)(2) MotorTHIS vehicleSUBSECTION penalties.--UponSHALL aNOT convictionAPPLY ofTO anA offenseVIOLATION underOF §<-- 3921SECTION (relating3955 to(RELATING theftTO byLAW unlawfulENFORCEMENT). taking or disposition) or § 3925 (relating to receiving stolen property) that relates to the theft of scrap material or the transportation of stolen scrap material, the court may order the impoundment of any vehicle used in the act of theft of scrap material or the transportation of stolen scrap material in accordance with the following:

(1)(b) ForMotor vehicle penalties.--Upon a firstconviction offense,of aan vehicleoffense mayunder be§ impounded3921 for(relating 20250SB0914PN1090to theft by unlawful taking or disposition) or § 3925 (relating to receiving stolen property) that relates to the theft of scrap material or the 20250SB0914PN1210 - 13 - attransportation leastof 30stolen days,scrap butmaterial, notthe morecourt thanmay 60order days.the impoundment of any vehicle used in the act of theft of scrap material or the transportation of stolen scrap material in accordance with the following:

(1) For a first offense, a vehicle may be impounded for at least 30 days, but not more than 60 days.

This act SUBCHAPTER shall preempt and supersede any local <-- ordinance or rule adopted after the effective date of this act <-- SUBCHAPTER which seeks to regulate the processing of scrap <-- materials.

C, all activities initiated under the Scrap Material Theft Prevention Act shall continue and remain in full force 20250SB0914PN1210 - 14 - and effect and may be completed under 18 Pa.C.S.

20250SB0914PN1090 - 14 - Contracts, obligations and collective bargaining agreements entered into under the Scrap Material Theft Prevention Act are not affected nor impaired by the repeal of the Scrap Material Theft Prevention Act.

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