HB 612 — 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
 1   Amending the act of October 9, 2008 (P.L.1408, No.113), entitled
 2      "An act requiring scrap processors and recycling facility
 3      operators to collect certain information relating to the
 4      purchase of scrap material; requiring commercial accounts;
 5      and restricting scrap processors and recycling facility
 6      operators from purchasing certain materials," further
 7      providing for identification requirements for sale of scrap
 8      materials to scrap processors and recycling facility
 9      operators and for penalties; and imposing penalties.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Sections 3(a) and (b) and 7(a) of the act of
13   October 9, 2008 (P.L.1408, No.113), known as the Scrap Material
14   Theft Prevention Act, are amended and the sections are amended
15   by adding subsections to read:
16   Section 3.   Identification requirements for sale of scrap
17                materials to scrap processors and recycling facility
18                operators.
19      (a)   General rule.--A scrap processor and recycling facility
20   operator shall collect the following information for all
 1   transactions by a seller of restricted material under section 5
 2   and from any other seller when the purchase of scrap material
 3   from the seller exceeds $100 or the scrap material bears a name
 4   or mark under 54 Pa.C.S. Ch. 15 (relating to reusable marked
 5   articles and receptacles):
 6            (1)   A photocopy of the driver's license of the seller.
 7            (2)   The seller's and buyer's signature for each
 8      transaction.
 9            (3)   The license plate number of the motor vehicle the
10      seller operates at the time of the transaction.
11            (4)   Written permission of the seller's parent or legal
12      guardian, if the seller is under 18 years of age.
13            (5)   The date and time of the transaction.
14            (6)   A description of the scrap material included in the
15      transaction, including the weight of the scrap material and
16      the amount paid to the seller.
17      (a.1)     Additional requirements for catalytic converters.--A
18   scrap processor and recycling facility operator shall collect
19   the following in addition to the information required under
20   subsection (a) if the transaction includes a catalytic
21   converter:
22            (1)   The year, make, model and vehicle identification
23      number of the vehicle from which the catalytic converter was
24      removed.
25            (2)   A photograph of the catalytic converter.
26            (3)   A photograph of the seller.
27      (b)   Tracking the transaction.--A scrap processor and
28   recycling facility operator shall[, when payment is made in
29   cash, develop methods of tracking a transaction that obtains the
30   seller's signature on a receipt for the transaction. The receipt

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 1   shall include a certification that the seller is the owner or
 2   authorized seller of the scrap material.] develop methods of
 3   tracking any transaction that requires the scrap processor or
 4   recycling facility operator to obtain the information under
 5   subsection (a).
 6      * * *
 7      (c.1)   Holding period for transactions involving a catalytic
 8   converter.--If a transaction between a scrap processor and
 9   recycling facility operator and a seller includes a catalytic
10   converter, in addition to the requirements under subsection (c),
11   the following shall apply:
12            (1)   Except as provided under paragraph (2), the scrap
13      processor or recycling facility operator shall withhold
14      payment to the seller for 48 hours.
15            (2)   If a hold is in place under subsection (c), the
16      scrap processor or recycling facility operator shall withhold
17      payment until the hold is lifted by law enforcement or a
18      magisterial district judge under subsection (c).
19            (3)   During a holding period under subsection (c) or this
20      subsection, the scrap processor or recycling facility
21      operator shall keep the catalytic converter intact and safe
22      from alteration, damage or commingling and shall place an
23      identifying tag or other suitable identification upon the
24      scrap metal.
25      * * *
26      (e)   Penalties.--A scrap processor or recycling facility
27   operator that fails to collect the information required by
28   subsection (a.1) is guilty of a misdemeanor of the third degree
29   and shall, upon conviction, be sentenced to pay a fine of not
30   less than $5,000.

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 1   Section 7.   Penalties.
 2      (a)   Scrap processor and recycling facility operator
 3   penalties.--Except as provided under [section] sections 3(e) and
 4   6.2(g), a scrap processor and recycling facility operator who
 5   violates this act commits a summary offense and shall, upon
 6   conviction, be sentenced to pay a fine of up to $2,500. A second
 7   or subsequent violation shall be classified as a misdemeanor of
 8   the third degree.
 9      * * *
10      (c)   Catalytic converter penalties.--A person who
11   intentionally possesses a detached catalytic converter that is
12   not affiliated with a commercial account with proper
13   justification commits a misdemeanor of the third degree.
14      Section 2.   This act shall take effect in 60 days.




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