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

Bill Text

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
Amending Title 16 (Counties) of the Pennsylvania Consolidated
Statutes, providing for electronic device licenses; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 16 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART V
LICENSES
Chapter
181. Electronic Device Licenses
CHAPTER 181
ELECTRONIC DEVICE LICENSES
Sec.
18101. Definitions.
18102. License required.
18103. Records of transactions.
18104. Retention of electronic devices and availability for
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inspection.
18105. Purchases from minors.
18106. Local ordinances.
18107. Inspection of licensee.
18108. Penalty.
18109. Regulations and applicability.
§ 18101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Dealer of electronic devices." An individual, partnership,
association, corporation or business entity, or any member
thereof, that purchases or possesses electronic devices from the
general public for resale or an individual who acts as an agent
for an individual, partnership, association, corporation or
business entity for the purchase or possession of electronic
devices. The term does not include an individual or entity that
purchases or possesses electronic devices on behalf of a
charitable organization as that term is defined in section 3 of
the act of December 19, 1990 (P.L.1200, No.202), known as the
Solicitation of Funds for Charitable Purposes Act.
"Electronic device." A device which accomplishes its purpose
electronically and any component or accessory of the device.
"Transaction." A purchase or consignment of an electronic
device by a dealer of electronic devices, other than as an
allowance for the trade-in or exchange of the electronic device
on the purchase of a new electronic device of the same kind from
a dealer primarily engaged in the business of selling new
electronic devices .
§ 18102. License required.
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(a) Dealer.--A dealer of electronic devices must obtain a
license from the sheriff of the county in which the dealer
purchases or possesses the electronic devices.
(b) Application form.--The application for a license under
this section shall be on a form as prescribed by regulations
promulgated by the Attorney General.
(c) License fee.--A license fee in an amount not to exceed
$50, as prescribed by the Attorney General, shall be paid
annually. The fee shall be paid into the treasury of the county
where the license is issued.
(d) Duration of license.--A license issued under this
chapter shall be valid for one year.
(e) Public record.--A license application under this section
shall be a public record and be available to the general public
for inspection.
§ 18103. Records of transactions.
(a) Recordkeeping.--A dealer of electronic devices shall
keep a record of every transaction upon a form approved by the
Attorney General. The record shall include, at a minimum:
(1) The name, age and address of the seller, which must
be verified by the dealer of electronic devices, requiring
photographic proof of identity from the seller sufficient to
ensure the accuracy of the represented name, age and address
of the seller. The dealer of electronic devices must make a
photocopy of the identification and retain the photocopy with
the record of purchase or consignment for a period of not
less than 180 days from date of purchase or consignment.
(2) An accurate description of the property purchased,
including any serial number or other identifying marks or
symbols and the date and time of the transaction.
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(b) Retention of records.--The dealer of electronic devices
shall retain record of a purchase or consignment for a period of
180 days from the date of purchase or consignment and shall make
the record available for inspection by any law enforcement
official of the Federal Government, the Commonwealth or any of
its municipalities.
(c) Copy of record to district attorney.--A dealer of
electronic devices shall deliver or mail a copy of every
transaction, including a photocopy of photographic
identification, to the district attorney of the county in which
a purchase or consignment of electronic devices is made by the
close of the next business day after purchase or consignment.
(d) Copy of record to police department in lieu of district
attorney.--The district attorney may authorize records required
under this section to