Illinois General Assembly

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 Bill Status of HB3825  97th General Assembly


Short Description:  RECYCLABLE METAL-PURCHASES

House Sponsors
Rep. Michael Unes - Daniel V. Beiser - Kelly Burke - William Cunningham - David Reis, Franco Coladipietro, Michelle Mussman, Jerry F. Costello, II, Wayne Rosenthal, Norine Hammond, Raymond Poe, Rich Brauer, Michael J. Zalewski, Dennis M. Reboletti, Chad Hays, Jehan A. Gordon, JoAnn D. Osmond, Paul Evans, Dwight Kay, David Harris, Jim Sacia, Ed Sullivan, Jr., Keith P. Sommer, Sidney H. Mathias, Jerry L. Mitchell, Jil Tracy, Chapin Rose, Brandon W. Phelps, Elaine Nekritz, Lou Lang, Ann Williams, Timothy L. Schmitz, Michael G. Connelly, Donald L. Moffitt, Michael W. Tryon, Greg Harris, Patricia R. Bellock, Mike Bost, Keith Farnham, John D. Cavaletto, John D'Amico, Joe Sosnowski, Kay Hatcher, Adam Brown, Chris Nybo, Dan Brady, Richard Morthland, Mike Fortner, Pam Roth, Dave Winters, Sandy Cole, Rosemary Mulligan, Sandra M. Pihos, Naomi D. Jakobsson, Carol A. Sente and Lisa M. Dugan

Senate Sponsors
(Sen. Michael W. Frerichs - John M. Sullivan - M. Maggie Crotty - David Koehler - Darin M. LaHood, William R. Haine, Kirk W. Dillard, John J. Millner and Mike Jacobs)

Last Action
DateChamber Action
  8/10/2012HousePublic Act . . . . . . . . . 97-0923

Statutes Amended In Order of Appearance
815 ILCS 325/3from Ch. 121 1/2, par. 323
815 ILCS 325/4.1 new
815 ILCS 325/4.2 new
815 ILCS 325/4.3 new
815 ILCS 325/4.6 new
815 ILCS 325/8from Ch. 121 1/2, par. 328


Synopsis As Introduced
Amends the Recyclable Metal Purchase Registration Law. Provides that all purchases of recyclable metal must be recorded as provided in the Act, instead of only purchases of recyclable metal with a minimum value of $100. Provides that recyclable metal dealers must retain transaction records for 3 instead of 2 years. Requires dealers to ask about where the recyclable metal was obtained. Requires a recyclable metal dealer that suspects property in his or her possession to be lost or stolen to immediately notify local law enforcement. Restricts the purchase and sale of specific materials without documentation of ownership. Provides that recyclable metal dealers cannot pay cash, nor make payment at the time of the transaction, for specified metals. Provides that it is a violation of the Act for a recyclable metal dealer to purchase or attempt to purchase recyclable metal from persons convicted of specified felonies, when the dealer has been informed of such convictions by law enforcement. Provides that any person, in addition to a recyclable metal dealer, who knowingly fails to comply with the Act is guilty of a Class A misdemeanor for the first offense, and a Class 4 felony for the second or subsequent offense.

House Committee Amendment No. 1
Adds reference to:
720 ILCS 5/16-23 new
815 ILCS 325/4.5
815 ILCS 325/5from Ch. 121 1/2, par. 325

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Creates the offense of theft of recyclable metal. Provides that a person commits theft of recyclable metal when, without the consent of the owner, he or she knowingly obtains or exerts control over property consisting of any recyclable metal as defined in Section 2 of the Recyclable Metal Purchase Registration Law that is manufactured, sold, or used for certain specified purposes. Provides differing criminal penalties depending on the value or type of the recyclable metal and where it was acquired. Amends the Recyclable Metal Purchase Registration Law. Provides that all purchases of recyclable metal must be recorded as provided in the Act, instead of only purchases of recyclable metal with a minimum value of $100. Allows for electronic record-keeping. Provides that recyclable metal dealers must retain transaction records for 3 instead of 2 years. Requires dealers to ask about where the recyclable metal was obtained. Requires a recyclable metal dealer that suspects property in his or her possession to be lost or stolen to immediately notify local law enforcement. Restricts the purchase and sale of specific materials without documentation of ownership. Provides that recyclable metal dealers cannot pay cash, nor make payment at the time of the transaction, for specified metals. Provides that any person, in addition to a recyclable metal dealer, who knowingly fails to comply with the Act is guilty of a Class A misdemeanor for the first offense, and a Class 4 felony for the second or subsequent offense. Makes other changes.

House Floor Amendment No. 2
Deletes reference to:
815 ILCS 325/4.5

Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 1. Adds references to certain additional electric equipment. Adds the cost of restoring utility service to the calculation of value when determining the severity of the offense committed. Exempts sales of unattached catalytic converters by certain licensees under the Illinois Vehicle Code.

Senate Committee Amendment No. 1
Deletes reference to:
720 ILCS 5/16-23 new
815 ILCS 325/5

Replaces everything after the enacting clause with provisions similar to the engrossed bill. Removes provisions changing the Criminal Code of 1961 and provisions creating additional exemptions under the Recyclable Metal Purchase Registration Law. Provides for records to be kept in an electronic record-keeping system rather than on forms provided by the State Police.

Senate Floor Amendment No. 2
Adds reference to:
815 ILCS 325/5from Ch. 121 1/2, par. 325

Replaces everything after the enacting clause with provisions similar to Senate Amendment No. 1. Provides for the use of any government-issued photo identification. Removes requirement that a dealer inquire regarding the source of the metal being sold. Prohibits the sale and purchase of catalytic converters not attached to motor vehicles unless the seller is a licensed automotive parts recycler or scrap processor. Prohibits the payment of cash for copper and air conditioner evaporators and coils having a value of $100 or more, rather than any copper and air conditioner evaporators and coils. Exempts certain parties and entities from restrictions on purchase and sale of copper and air conditioner evaporators and coils.

Actions 
DateChamber Action
  9/29/2011HouseFiled with the Clerk by Rep. Michael Unes
  10/5/2011HouseFirst Reading
  10/5/2011HouseReferred to Rules Committee
  10/25/2011HouseAdded Chief Co-Sponsor Rep. Kelly Burke
  10/25/2011HouseAdded Chief Co-Sponsor Rep. William Cunningham
  11/8/2011HouseAdded Chief Co-Sponsor Rep. Franco Coladipietro
  11/8/2011HouseAdded Chief Co-Sponsor Rep. Joe Sosnowski
  11/8/2011HouseRemove Chief Co-Sponsor Rep. William Cunningham
  11/8/2011HouseAdded Co-Sponsor Rep. William Cunningham
  11/8/2011HouseAdded Chief Co-Sponsor Rep. Michelle Mussman
  11/8/2011HouseChief Co-Sponsor Changed to Rep. Michelle Mussman
  11/8/2011HouseRemove Chief Co-Sponsor Rep. Michelle Mussman
  11/8/2011HouseAdded Co-Sponsor Rep. Michelle Mussman
  11/8/2011HouseRemoved Co-Sponsor Rep. William Cunningham
  11/8/2011HouseAdded Chief Co-Sponsor Rep. William Cunningham
  11/8/2011HouseChief Co-Sponsor Changed to Rep. William Cunningham
  11/8/2011HouseAdded Co-Sponsor Rep. Jerry F. Costello, II
  11/8/2011HouseAdded Co-Sponsor Rep. Wayne Rosenthal
  11/8/2011HouseAdded Co-Sponsor Rep. Norine Hammond
  11/8/2011HouseRemove Chief Co-Sponsor Rep. Joe Sosnowski
  11/14/2011HouseAdded Co-Sponsor Rep. Raymond Poe
  11/14/2011HouseAdded Co-Sponsor Rep. Rich Brauer
  1/24/2012HouseAssigned to Judiciary I - Civil Law Committee
  1/31/2012HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  1/31/2012HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  1/31/2012HouseAdded Co-Sponsor Rep. Chad Hays
  1/31/2012HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  1/31/2012HouseAdded Co-Sponsor Rep. JoAnn D. Osmond
  1/31/2012HouseAdded Co-Sponsor Rep. Paul Evans
  1/31/2012HouseAdded Co-Sponsor Rep. Dwight Kay
  1/31/2012HouseAdded Co-Sponsor Rep. David Harris
  1/31/2012HouseAdded Co-Sponsor Rep. Jim Sacia
  1/31/2012HouseAdded Co-Sponsor Rep. Ed Sullivan, Jr.
  1/31/2012HouseAdded Co-Sponsor Rep. Keith P. Sommer
  2/2/2012HouseRemove Chief Co-Sponsor Rep. Franco Coladipietro
  2/2/2012HouseAdded Co-Sponsor Rep. Franco Coladipietro
  2/2/2012HouseAdded Chief Co-Sponsor Rep. David Reis
  2/6/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Michael Unes
  2/6/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/7/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  2/8/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  2/8/2012HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 010-000-000
  2/8/2012HousePlaced on Calendar 2nd Reading - Short Debate
  2/8/2012HouseAdded Co-Sponsor Rep. Sidney H. Mathias
  2/8/2012HouseAdded Co-Sponsor Rep. Jerry L. Mitchell
  2/8/2012HouseAdded Co-Sponsor Rep. Jil Tracy
  2/8/2012HouseAdded Co-Sponsor Rep. Chapin Rose
  2/8/2012HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  2/8/2012HouseAdded Co-Sponsor Rep. Elaine Nekritz
  2/8/2012HouseAdded Co-Sponsor Rep. Lou Lang
  2/8/2012HouseAdded Co-Sponsor Rep. Ann Williams
  2/8/2012HouseAdded Co-Sponsor Rep. Timothy L. Schmitz
  2/8/2012HouseAdded Co-Sponsor Rep. Michael G. Connelly
  2/8/2012HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  2/8/2012HouseAdded Co-Sponsor Rep. Michael W. Tryon
  2/8/2012HouseAdded Co-Sponsor Rep. Greg Harris
  2/8/2012HouseAdded Co-Sponsor Rep. Patricia R. Bellock
  2/24/2012HouseAdded Co-Sponsor Rep. Mike Bost
  2/24/2012HouseAdded Co-Sponsor Rep. Keith Farnham
  2/27/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Michael Unes
  2/27/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  2/28/2012HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  2/28/2012HouseAdded Co-Sponsor Rep. John D. Cavaletto
  2/29/2012HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 011-000-000
  3/1/2012HouseAdded Co-Sponsor Rep. John D'Amico
  3/6/2012HouseSecond Reading - Short Debate
  3/6/2012HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/6/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/21/2012HouseAdded Co-Sponsor Rep. Joe Sosnowski
  3/21/2012HouseAdded Chief Co-Sponsor Rep. Daniel V. Beiser
  3/21/2012HouseAdded Co-Sponsor Rep. Kay Hatcher
  3/21/2012HouseAdded Co-Sponsor Rep. Adam Brown
  3/21/2012HouseAdded Co-Sponsor Rep. Chris Nybo
  3/21/2012HouseAdded Co-Sponsor Rep. Dan Brady
  3/21/2012HouseAdded Co-Sponsor Rep. Richard Morthland
  3/21/2012HouseAdded Co-Sponsor Rep. Mike Fortner
  3/21/2012HouseAdded Co-Sponsor Rep. Pam Roth
  3/21/2012HouseAdded Co-Sponsor Rep. Dave Winters
  3/21/2012HouseAdded Co-Sponsor Rep. Sandy Cole
  3/21/2012HouseAdded Co-Sponsor Rep. Rosemary Mulligan
  3/21/2012HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  3/27/2012HouseThird Reading - Short Debate - Passed 114-000-000
  3/27/2012HouseAdded Co-Sponsor Rep. Naomi D. Jakobsson
  3/27/2012HouseAdded Co-Sponsor Rep. Carol A. Sente
  3/27/2012HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/27/2012SenateArrive in Senate
  3/27/2012SenatePlaced on Calendar Order of First Reading March 28, 2012
  3/27/2012SenateChief Senate Sponsor Sen. Michael W. Frerichs
  3/27/2012SenateAdded as Alternate Chief Co-Sponsor Sen. John M. Sullivan
  3/27/2012SenateAdded as Alternate Chief Co-Sponsor Sen. M. Maggie Crotty
  3/27/2012SenateAdded as Alternate Chief Co-Sponsor Sen. David Koehler
  3/27/2012SenateAdded as Alternate Chief Co-Sponsor Sen. Darin M. LaHood
  3/28/2012SenateFirst Reading
  3/28/2012SenateReferred to Assignments
  4/24/2012SenateAssigned to Criminal Law
  4/26/2012SenateTo Criminal Law Subcommittee on CLEAR Compliance
  5/2/2012SenateAdded as Alternate Co-Sponsor Sen. William R. Haine
  5/4/2012SenateRule 2-10 Committee Deadline Established As May 25, 2012
  5/8/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Michael W. Frerichs
  5/8/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/8/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/9/2012SenateReported Back To Criminal Law; 003-000-000
  5/9/2012SenateSenate Committee Amendment No. 1 Adopted
  5/9/2012SenateDo Pass as Amended Criminal Law; 008-000-000
  5/9/2012SenatePlaced on Calendar Order of 2nd Reading May 10, 2012
  5/9/2012SenateAdded as Alternate Co-Sponsor Sen. Kirk W. Dillard
  5/10/2012SenateSecond Reading
  5/10/2012SenatePlaced on Calendar Order of 3rd Reading May 15, 2012
  5/11/2012SenateAdded as Alternate Co-Sponsor Sen. John J. Millner
  5/16/2012SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Michael W. Frerichs
  5/16/2012SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/16/2012SenateSenate Floor Amendment No. 2 Assignments Refers to Criminal Law
  5/23/2012SenateSenate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 008-000-000
  5/24/2012SenateRecalled to Second Reading
  5/24/2012SenateSenate Floor Amendment No. 2 Adopted; Frerichs
  5/24/2012SenatePlaced on Calendar Order of 3rd Reading
  5/24/2012SenateAdded as Alternate Co-Sponsor Sen. Mike Jacobs
  5/24/2012SenateThird Reading - Passed; 057-000-000
  5/24/2012HouseArrived in House
  5/24/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/25/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Michael Unes
  5/25/2012HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Michael Unes
  5/25/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/25/2012HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  5/28/2012HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  5/29/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 010-000-000
  5/29/2012HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 010-000-000
  5/30/2012HouseSenate Committee Amendment No. 1 House Concurs 117-000-000
  5/30/2012HouseSenate Floor Amendment No. 2 House Concurs 117-000-000
  5/30/2012HousePassed Both Houses
  6/28/2012HouseSent to the Governor
  8/10/2012HouseGovernor Approved
  8/10/2012HouseEffective Date January 1, 2013
  8/10/2012HousePublic Act . . . . . . . . . 97-0923

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