PRINTER'S NO. 366
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
399
Session of
2023
INTRODUCED BY KAUFFMAN, JOZWIAK, ZIMMERMAN AND GILLEN,
MARCH 14, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 14, 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; 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 and for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3(a) and (b) of the act of October 9,
2008 (P.L.1408, No.113), known as the Scrap Material Theft
Prevention Act, are amended and the section is amended by adding
a subsection to read:
Section 3. Identification requirements for sale of scrap
materials to scrap processors and recycling facility
operators.
(a) General rule.--A scrap processor and recycling facility
operator shall collect the following information for all
transactions by a seller of restricted material under section 5
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and from any 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.
(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).
* * *
(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.
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Section 2. Section 7(a) of the act is amended to read:
Section 7. Penalties.
(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.
* * *
Section 3. This act shall take effect in 60 days.
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