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PRIOR PRINTER'S NO. 1090 PRINTER'S NO. 1210
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 914
Session of
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
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, consolidating the provisions of the
Scrap Material Theft Prevention Act into Title 18; and making
a repeal. 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 39 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
SCRAP MATERIAL THEFT PREVENTION
Sec.
3950. Scope of subchapter.
3951. Definitions.
3952. Identification requirements for sale of scrap materials
to scrap processors and recycling facility operators.
3953. Commercial accounts.
3954. Restricted materials.
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3955. Law enforcement.
3956. Statewide registry of scrap processors and recycling
facilities.
3957. Duty to register.
3958. Penalties.
3959. Preemption.
§ 3950. Scope of subchapter.
This subchapter relates to scrap material theft prevention.
§ 3951. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Beer keg." A vessel designed to contain at least 128 fluid
ounces of malt or brewed beverage.
"Buyer." The recycling facility operator or the owner,
operator or employee of a scrap processor.
"Catalytic converter." An air pollution abatement device
that removes pollutants from motor vehicle exhaust, either by
oxidizing the pollutants into carbon dioxide and water or
reducing the pollutants to nitrogen.
"Commercial account." A relationship between a scrap
processor and a commercial enterprise that is ongoing and
properly documented.
"Commercial enterprise." A corporation, partnership, limited
liability company, single proprietorship, association, State
agency, political subdivision of the Commonwealth, public
corporation or any other legal or commercial entity.
"Commercial metal property." The term includes:
(1) Utility access covers.
(2) Streetlight poles and fixtures.
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(3) Road and bridge guardrails.
(4) Highway or street signs.
(5) Water meter covers.
(6) Traffic directional and control signs.
(7) Traffic light signals.
(8) Any metal property clearly marked with the name of
the commercial enterprise, including:
(i) A telephone.
(ii) Cable.
(iii) Electric.
(iv) Water.
(v) Natural gas.
(vi) Other utility or railroad.
(9) Unused or undamaged building construction materials
consisting of any of the following:
(i) Copper pipe, tubing or wiring.
(ii) Aluminum wire.
(iii) Siding, downspouts or gutters.
(iv) Aluminum or stainless steel fence panels.
(v) Aluminum decking, bleachers or risers.
(10) Historical markers.
(11) Statue plaques.
(12) Grave markers.
(13) Funeral vases.
(14) Agricultural irrigation wheels.
(15) Sprinkler heads.
(16) Pipes.
"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
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and utilized in the manufacture of new products.
"Law enforcement officer." A member of the Pennsylvania
State Police or an individual employed as a police officer who
holds a current certificate under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training).
"Nonferrous metals." Items that are predominantly made from
metals other than iron and steel, including copper, brass,
aluminum, bronze, lead, zinc, nickel and alloys that have no
further use in the metal's original manufactured form but which
can be melted for their metal content and utilized in the
manufacture of new products.
"Processing." Receiving, storing or reselling scrap
materials for payment or other financial consideration.
"Railroad material." The term includes the following:
(1) Railroad power and signal equipment.
(2) Road or rail crossing signals.
(3) Railroad track.
(4) Railroad switch components.
(5) Railroad spike.
(6) Angle/joint bar as used in the jointing of a
railroad track.
(7) Railroad anchors.
(8) Railroad tie plate or bolt used in constructing a
railroad.
"Recycling facility operator." An owner, operator or
employee who operates a facility employing a technology that is
a process to separate or classify municipal waste and who
creates or recovers reusable materials that can be sold to or
reused by a manufacturer as a substitute for or a supplement to
virgin raw materials. The term does not include a person who
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operates a transfer station or landfill for solid waste,
composting facility or resource recovery facility.
"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.
"Seller." A person, other than a commercial enterprise, who
sells scrap materials to a scrap processor or recycling facility
operator.
§ 3952. Identification requirements for sale of scrap materials
to scrap processors and recycling facility operators.
(a) Information collection.--A scrap processor and recycling
facility operator shall collect the following information for
all transactions by a seller of restricted material under
section 3954 (relating to restricted materials) and from any
other seller when the purchase of scrap material from the seller
exceeds $100:
(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.
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(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.
(c) Holding period.--
(1) (i) Following a verbal or written notification from
a law enforcement officer that certain scrap materials
have been reported as stolen, a scrap processor or
recycling facility operator that is in possession of the
scrap material reported as stolen shall hold that scrap
material intact and safe from alteration, damage or
commingling and shall place an identifying tag or other
suitable identification upon the scrap material.
(ii) Upon request, a law enforcement officer making
a verbal request shall provide the scrap processor or
recycling facility operator with the law enforcement
officer's name, badge number and department contact
telephone number so that the scrap processor or recycling
facility operator may call to confirm the identity of the
law enforcement officer.
(2) Within 24 hours of notification by the law
enforcement officer or 24 hours of the receipt of the
material, whichever is later, the scrap processor or
recycling facility operator shall notify the law enforcement
officer that scrap material matching the law enforcement
officer's description is on the premises.
(3) The scrap processor or recycling facility shall hold
the scrap material for a period of time as directed by the
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applicable law enforcement agency, up to a maximum of 48
hours following notification, unless extended under paragraph
(5).
(4) A law enforcement officer shall not place a hold on
any scrap material unless that law enforcement officer
reasonably suspects that the scrap material is lost or
stolen. Requests for holds shall be in accordance with the
following:
(i) The request to hold scrap material shall be as
specific as possible by using descriptive language,
including the type and the style of the material, length
or weight or other descriptions to identify the material
to be held.
(ii) A hold that is placed on scrap material shall
not exceed 48 hours, and the scrap material must be
returned to the owner or released when the hold has been
released or has expired.
(5) A holding period may be extended beyond 48 hours
only upon the order of a magisterial district judge after the
magisterial district judge has determined that probable cause
exists that the scrap material is lost or stolen.
(6) A scrap processor or recycling facility operator
that receives material that does not meet the description of
materials being sought by a law enforcement officer may
dispose of that material at the scrap processor's or
recycling facility operator's discretion.
(d) Maintenance of records.--The information required by
this section shall be maintained by the scrap processor or
recycling facility operator for a minimum of two years from the
date of the transaction.
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§ 3953. Commercial accounts.
(a) Duty to create and maintain.--Each scrap processor and
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. The
record shall, at a minimum, include the following information:
(1) The full name and Federal or State tax
identification number of the commercial enterprise or
commercial account.
(2) The business address and telephone number of the
commercial enterprise or commercial account.
(b) Additional information.--The record for each commercial
enterprise maintained by the scrap processor or recycling
facility operator shall document every purchase and receipt of
ferrous metal or nonferrous metal and commercial metal property.
The documentation shall include, at a minimum:
(1) The date, time and value of the property being
purchased or received.
(2) A description of the predominant types of property
being purchased or received.
(c) Effect of establishing commercial account.--Once a
commercial account is established, if no financial transaction
occurs between the scrap processor or recycling facility
operator and the person delivering scrap material, then the
scrap processor or recycling facility operator need only
maintain a photocopy of the driver's license of the person
delivering the scrap material to comply with this subsection.
(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
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delivering the scrap material, the scrap processor or recycling
facility operator shall obtain the following before completing
each transaction:
(1) A photocopy of the driver's license of the person
delivering the scrap materials.
(2) The license plate number of the vehicle transporting
scrap material.
(3) The telephone number of the commercial account.
(4) Confirmation that the person delivering the scrap
material is authorized to receive a check or cash on behalf
of the person or entity providing the scrap material. The
confirmation shall consist of written, signed authorization
from the owner or officer of the commercial enterprise
stating that the person delivering the scrap material is
designated to receive payment for the scrap material.
(5) An acknowledgment of receipt of cash payment, signed
by the person delivering the scrap material and receiving the
cash payment.
§ 3954. Restricted materials.
A scrap processor and recycling facility operator may
purchase the following scrap material only if the purchase
occurs with a commercial enterprise:
(1) New production scrap or new materials that are a
part of a manufacturing process that are being sold by an
individual, not a company.
(2) Full sized, new materials, including those used in
construction, or equipment and tools used by contractors.
(3) Commercial metal property.
(4) Metallic wire that has been burned in whole or in
part to remove insulation, unless the aggregate value is less
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than $100.
(5) Beer kegs.
(6) Detached catalytic converters.
(7) Railroad materials.
§ 3955. Law enforcement.
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.
§ 3956. Statewide registry of scrap processors and recycling
facilities.
The Pennsylvania State Police shall establish and maintain a
Statewide registry of scrap processors and recycling facilities
under section 3957 (relating to duty to register). The registry
information shall be posted on the publicly accessible Internet
website of the Pennsylvania State Police.
§ 3957. Duty to register.
(a) Duty.--A scrap processor and recycling facility shall
register with the Pennsylvania State Police as provided in this
section.
(b) Information required.--A person shall register with the
Pennsylvania State Police in accordance with subsection (e). The
registrant must provide the following information:
(1) For an individual applicant, all of the following:
(i) Name.
(ii) Driver's license number or a copy of an
identification card issued by the state in which the
individual resides.
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(iii) Business name, address and telephone number.
(iv) Federal employer identification number, if
applicable.
(2) For a general partnership applicant, all of the
following:
(i) Name of each partner.
(ii) Driver's license number or a copy of an
identification card issued by the state in which each
partner resides, of each partner.
(iii) Partnership name, address and telephone
number.
(iv) Federal employer identification number, if
applicable.
(3) For a corporation, limited liability company or
limited partnership, all of the following:
(i) Name of the registering officer, manager and
general partner.
(ii) Business name, address and telephone number.
(iii) Name of each director or each individual
holding greater than a 5% equity interest in the entity.
(4) For an out-of-State corporation, limited liability
company or limited partnership, the name and address of the
entity's resident agent or registered office provider within
this Commonwealth and any registration number or license
number issued to the entity by the entity's home state or
political subdivision of the other state, if applicable.
(5) For a joint venture, the name, address and telephone
number of the joint venture, as well as the name, address and
telephone number of each party to the joint venture.
(c) Reporting of multiple registrations.--An entity owning
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multiple scrap processing and recycling facilities must register
the physical address of each scrap processing and recycling
facility.
(d) Registration fees.--The registration fee shall:
(1) Be accompanied by a fee of $100 for each completed
registration form for a scrap processor or renewal of
registration. The following shall apply:
(i) Within 14 business days after completion of the
registration and payment of the fee, the Pennsylvania
State Police shall issue the scrap processor and
recycling facility operator a written notice of
registration identifying the name of the applicant, scrap
processing facility or recycling facility name and
address and a registration number.
(ii) The notice shall be valid for a period of two
years.
(iii) Renewals shall be on a biennial basis.
(2) Be used to establish and maintain a database under
this subchapter. Before July 1, 2016, money collected under
paragraph (1) shall augment the money appropriated to the
Pennsylvania State Police to be used to create an electronic
database of registrations. The Pennsylvania State Police
shall transmit a notice when the electronic database is
operational to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin. After June 30, 2016, money collected under
paragraph (1) shall be deposited in the General Fund.
(e) Method of registration.--
(1) Except as provided under paragraph (2), registration
must be in writing on a form prescribed by the Pennsylvania
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State Police.
(2) After publication of the notice under subsection (d)
(2), the Pennsylvania State Police may require registration:
(i) in writing on a form prescribed by the
Pennsylvania State Police; or
(ii) electronically.
(f) Proof of registration.--A scrap processor and recycling
facility operator shall include the registration number in all
advertisements distributed within this Commonwealth and shall
have the notice of registration clearly visible at its place of
business.
(g) Failure to register.--A scrap processor or recycling
facility operator that fails to register commits a summary
offense and shall, upon conviction, be sentenced to pay a fine
of $1,000.
§ 3958. Penalties.
(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. A second or subsequent violation
shall be classified as a misdemeanor of the third degree.
(2) THIS SUBSECTION SHALL NOT APPLY TO A VIOLATION OF
SECTION 3955 (RELATING TO LAW ENFORCEMENT).
(b) Motor vehicle penalties.--Upon a conviction of an
offense under § 3921 (relating to theft by unlawful taking or
disposition) or § 3925 (relating to receiving stolen property)
that relates to the theft of scrap material or the
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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) For a first offense, a vehicle may be impounded for
at least 30 days, but not more than 60 days.
(2) For a second or subsequent offense involving the
same motor vehicle, the vehicle may be impounded for at least
60 days, but not more than 180 days.
(3) The person convicted shall be responsible for any
fees associated with or related to the impoundment of the
vehicle.
§ 3959. Preemption.
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.
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 18
Pa.C.S. Ch. 39 Subch. C.
(2) The act of October 9, 2008 (P.L.1408, No.113), known
as the Scrap Material Theft Prevention Act, is repealed.
Section 3. The addition of 18 Pa.C.S. Ch. 39 Subch. C is a
continuation of the act of October 9, 2008 (P.L.1408, No.113),
known as the Scrap Material Theft Prevention Act. The following
apply:
(1) Except as otherwise provided in 18 Pa.C.S. Ch. 39
Subch. C, all activities initiated under the Scrap Material
Theft Prevention Act shall continue and remain in full force
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and effect and may be completed under 18 Pa.C.S. Ch. 39
Subch. C. Orders, regulations, rules and decisions which were
made under the Scrap Material Theft Prevention Act and which
are in effect on the effective date of section 2(2) of this
act shall remain in full force and effect until revoked,
vacated or modified under 18 Pa.C.S. Ch. 39 Subch C.
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.
(2) Any difference in language between 18 Pa.C.S. Ch. 39
Subch. C and the Scrap Material Theft Prevention Act is
intended only to conform to the style of the Pennsylvania
Consolidated Statutes and is not intended to change or affect
the legislative intent, judicial construction or
administration and implementation of the Scrap Material Theft
Prevention Act.
Section 4. This act shall take effect in 60 days.
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