HB 293 — An Act amending Title 16 (Counties) of the Pennsylvania Consolidated Statutes, providing for electronic device licenses; and imposing penalties.

PRINTER'S NO.   237

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 293
                                                 Session of
                                                   2025

     INTRODUCED BY BIZZARRO, GIRAL, KHAN, SANCHEZ, DONAHUE, HILL-
        EVANS, SCHLOSSBERG, CIRESI AND M. JONES, JANUARY 23, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2025


                                     AN ACT
 1   Amending Title 16 (Counties) of the Pennsylvania Consolidated
 2      Statutes, providing for electronic device licenses; and
 3      imposing penalties.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 16 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a part to read:
 8                                   PART V
 9                                  LICENSES
10   Chapter
11      181.    Electronic Device Licenses
12                                 CHAPTER 181
13                        ELECTRONIC DEVICE LICENSES
14   Sec.
15   18101.    Definitions.
16   18102.    License required.
17   18103.    Records of transactions.
18   18104.    Retention of electronic devices and availability for
 1               inspection.
 2   18105.   Purchases from minors.
 3   18106.   Local ordinances.
 4   18107.   Inspection of licensee.
 5   18108.   Penalty.
 6   18109.   Regulations and applicability.
 7   § 18101.   Definitions.
 8      The following words and phrases when used in this chapter
 9   shall have the meanings given to them in this section unless the
10   context clearly indicates otherwise:
11      "Dealer of electronic devices."       An individual, partnership,
12   association, corporation or business entity, or any member
13   thereof, that purchases or possesses electronic devices from the
14   general public for resale or an individual who acts as an agent
15   for an individual, partnership, association, corporation or
16   business entity for the purchase or possession of electronic
17   devices. The term does not include an individual or entity that
18   purchases or possesses electronic devices on behalf of a
19   charitable organization as that term is defined in section 3 of
20   the act of December 19, 1990 (P.L.1200, No.202), known as the
21   Solicitation of Funds for Charitable Purposes Act.
22      "Electronic device."      A device which accomplishes its purpose
23   electronically and any component or accessory of the device.
24      "Transaction."     A purchase or consignment of an electronic
25   device by a dealer of electronic devices, other than as an
26   allowance for the trade-in or exchange of the electronic device
27   on the purchase of a new electronic device of the same kind from
28   a dealer primarily engaged in the business of selling new
29   electronic devices.
30   § 18102.   License required.

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 1      (a)     Dealer.--A dealer of electronic devices must obtain a
 2   license from the sheriff of the county in which the dealer
 3   purchases or possesses the electronic devices.
 4      (b)     Application form.--The application for a license under
 5   this section shall be on a form as prescribed by regulations
 6   promulgated by the Attorney General.
 7      (c)     License fee.--A license fee in an amount not to exceed
 8   $50, as prescribed by the Attorney General, shall be paid
 9   annually. The fee shall be paid into the treasury of the county
10   where the license is issued.
11      (d)     Duration of license.--A license issued under this
12   chapter shall be valid for one year.
13      (e)     Public record.--A license application under this section
14   shall be a public record and be available to the general public
15   for inspection.
16   § 18103.    Records of transactions.
17      (a)     Recordkeeping.--A dealer of electronic devices shall
18   keep a record of every transaction upon a form approved by the
19   Attorney General. The record shall include, at a minimum:
20            (1)   The name, age and address of the seller, which must
21      be verified by the dealer of electronic devices, requiring
22      photographic proof of identity from the seller sufficient to
23      ensure the accuracy of the represented name, age and address
24      of the seller. The dealer of electronic devices must make a
25      photocopy of the identification and retain the photocopy with
26      the record of purchase or consignment for a period of not
27      less than 180 days from date of purchase or consignment.
28            (2)   An accurate description of the property purchased,
29      including any serial number or other identifying marks or
30      symbols and the date and time of the transaction.

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 1      (b)     Retention of records.--The dealer of electronic devices
 2   shall retain record of a purchase or consignment for a period of
 3   180 days from the date of purchase or consignment and shall make
 4   the record available for inspection by any law enforcement
 5   official of the Federal Government, the Commonwealth or any of
 6   its municipalities.
 7      (c)     Copy of record to district attorney.--A dealer of
 8   electronic devices shall deliver or mail a copy of every
 9   transaction, including a photocopy of photographic
10   identification, to the district attorney of the county in which
11   a purchase or consignment of electronic devices is made by the
12   close of the next business day after purchase or consignment.
13      (d)     Copy of record to police department in lieu of district
14   attorney.--The district attorney may authorize records required
15   under this section to be delivered or mailed to the police
16   department of the municipality in which the electronic devices
17   were purchased in lieu of delivery or mailing to the district
18   attorney.
19   § 18104.    Retention of electronic devices and availability for
20                 inspection.
21      (a)     Electronic devices to be retained for five days.--A
22   dealer of electronic devices that purchases an electronic device
23   shall retain the electronic device in unaltered condition for
24   five full working days after a report of its purchase has been
25   filed with the proper district attorney or the district
26   attorney's designee.
27      (b)     Electronic devices to be available for inspection.--
28   Electronic devices shall be available for inspection during the
29   retention period required under subsection (a) by law
30   enforcement officials of the Federal Government, the

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 1   Commonwealth or any of its municipalities in the course of their
 2   law enforcement duties. A search warrant shall not be required
 3   unless the inspection is made during hours other than those when
 4   the dealer of electronic devices is open for business.
 5      (c)     Notice.--If a law enforcement official has probable
 6   cause to believe an electronic device was stolen, the official
 7   may give written notice to the dealer of electronic devices.
 8   Upon receipt of the written notice, the dealer of electronic
 9   devices shall retain the electronic device in unaltered
10   condition for an additional seven days, unless the law
11   enforcement official recalls the notice in writing.
12      (d)     Court-ordered retention.--Upon application of the
13   district attorney, a court of proper jurisdiction may order a
14   dealer of electronic devices to retain an electronic device for
15   a reasonable period.
16      (e)     Location.--An electronic device required to be retained
17   under subsection (d) shall be retained within the county of
18   purchase at the location where the dealer of electronic devices
19   purchased the electronic device, unless otherwise authorized in
20   writing by the district attorney or a designee.
21   § 18105.    Purchases from minors.
22      A dealer of electronic devices shall wait three business days
23   after taking possession of an electronic device before providing
24   payment for the electronic device to a person under 18 years of
25   age.
26   § 18106.    Local ordinances.
27      This chapter does not supersede or preclude the adoption of a
28   municipal ordinance applicable to dealers of electronic devices,
29   if the municipal ordinance meets the minimum requirements of
30   this chapter.

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 1   § 18107.    Inspection of licensee.
 2      The acceptance of a license by a dealer of electronic devices
 3   implies consent to inspections of the dealer's premises by law
 4   enforcement officials and officials authorized to enforce laws,
 5   regulations or ordinances related, directly or indirectly, to
 6   disposal of electronic devices.
 7   § 18108.    Penalty.
 8      (a)     Unlicensed purchases.--The purchase of an electronic
 9   device by a dealer of electronic devices that does not hold a
10   valid license under this chapter is a violation of this chapter
11   and a misdemeanor of the third degree.
12      (b)     Violations by licensed dealers.--A licensed dealer of
13   electronic devices that violates a provision of this chapter
14   commits a misdemeanor of the third degree and shall, upon
15   conviction, be subject to immediate revocation of an existing
16   license issued under this chapter and be ineligible to apply for
17   a license under this chapter for five years thereafter.
18   § 18109.    Regulations and applicability.
19      (a)     Attorney General.--The Attorney General shall promulgate
20   regulations for the implementation and operation of this
21   chapter.
22      (b)     Prohibition.--This chapter shall not apply to a person
23   until the regulations under subsection (a) have been
24   promulgated.
25      Section 2.     This act shall take effect immediately.




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