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.

PRINTER'S NO. 625
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 612
Session of
2025
INTRODUCED BY ISAACSON, CEPEDA-FREYTIZ, CIRESI, DONAHUE, GIRAL,
GREEN, HADDOCK, HILL-EVANS, HOHENSTEIN, KHAN, McNEILL,
NEILSON, PIELLI, SANCHEZ, SCHLOSSBERG AND WARREN,
FEBRUARY 20, 2025
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 20, 2025
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; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3(a) and (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:
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
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transactions by a seller of restricted material under section 5
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.
(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.
(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
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shall include a certification that the seller is the owner or
authorized seller of the scrap material.] develop methods of
tracking any transaction that requires the scrap processor or
recycling facility operator to obtain the information under
subsection (a).
* * *
(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),
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 operator 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.
* * *
(e) Penalties.--A scrap processor or recycling facility
operator that fails to collect the information required by
subsection (a.1) 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 7. Penalties.
(a) Scrap processor and recycling facility operator
penalties.--Except as provided under [section] sections 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.
Section 2. This act shall take effect in 60 days.
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