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Full Text of HB3825  97th General Assembly

HB3825enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Recyclable Metal Purchase Registration Law
5is amended by changing Sections 3, 5, and 8 and by adding
6Sections 4.1, 4.2, 4.3, and 4.6 as follows:
 
7    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
8    Sec. 3. Records of purchases. Except as provided in Section
95 of this Act every recyclable metal dealer in this State shall
10enter into an electronic record-keeping system on forms
11provided by the Department of State Police or such department
12as may succeed to its functions, for each purchase of
13recyclable metal valued at $100 or more and for each
14transaction involving the purchase of metal street signs the
15following information:
16        1. The name and address of the recyclable metal dealer;
17        2. The date and place of each purchase;
18        3. The name and address of the person or persons from
19    whom the recyclable metal was or metal street signs were
20    purchased, which shall be verified from a valid driver's
21    license or other government-issued photo identification
22    State Identification Card. The recyclable metal dealer
23    shall make and record a photocopy or electronic scan of the

 

 

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1    driver's license or other government-issued photo
2    identification State Identification Card. If the person
3    delivering the recyclable metal or metal street signs does
4    not have a valid driver's license or other
5    government-issued photo identification State
6    Identification Card, the recyclable metal dealer shall not
7    complete the transaction;
8        4. The motor vehicle license number and state of
9    issuance of the motor vehicle license number of the vehicle
10    or conveyance on which the recyclable metal was delivered
11    to the recyclable metal dealer;
12        5. A description of the recyclable metal or metal
13    street signs purchased, including the weight and whether it
14    consists of bars, cable, ingots, rods, tubing, wire, wire
15    scraps, clamps, connectors, other appurtenances, or some
16    combination thereof; and
17        6. Photographs or video, or both, of the seller and of
18    the materials as presented on the scale; and
19        7. 6. A declaration signed and dated by the person or
20    persons from whom the recyclable metal was or metal street
21    signs were purchased which states the following:
22            "I, the undersigned, affirm under penalty of law
23        that the property that is subject to this transaction
24        is not to the best of my knowledge stolen property.".
25    For purposes of this Section, "metal street sign" means any
26sign displaying the name of the street on which it is located

 

 

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1and all signs, signals, markings, and other devices placed or
2erected by authority of a public body or official having
3jurisdiction, for the purpose of regulating, warning, or
4guiding traffic.
5    A copy of the recorded information completed form shall be
6kept in an electronic record-keeping system a separate book or
7register by the recyclable metal dealer. Purchase records and
8shall be retained for a period of 3 2 years. Photographs shall
9be retained for a period of 3 months and video recordings shall
10be retained for a period of one month. The electronic
11record-keeping system Such book or register shall be made
12available for inspection by any law enforcement official or the
13representatives of common carriers and persons, firms,
14corporations or municipal corporations engaged in either the
15generation, transmission or distribution of electric energy or
16engaged in telephone, telegraph or other communications, at any
17time.
18(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
19    (815 ILCS 325/4.1 new)
20    Sec. 4.1. Restricted purchases.
21    (a) It is a violation of this Act for any person to sell or
22attempt to sell, or for any recyclable metal dealer to purchase
23or attempt to purchase, any of the following:
24        (1) materials that are clearly marked as property
25    belonging to a business or someone else other than the

 

 

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1    seller;
2        (2) property associated with use by governments,
3    utilities, or railroads including, but not limited to,
4    guardrails, manhole covers, electric transmission and
5    distribution equipment, including transformers, grounding
6    straps, wires or poles, historical markers, street signs,
7    traffic signs, sewer grates, or any rail, switch component,
8    spike, angle bar, tie plate, or bolt of the type used in
9    constructing railroad track;
10        (3) cemetery plaques or ornaments; or
11        (4) any catalytic converter not attached to a motor
12    vehicle at the time of the transaction unless the seller is
13    licensed as an automotive parts recycler or scrap
14    processor.
15    (b) This Section shall not apply when the seller produces
16written documentation reasonably demonstrating that the seller
17is the owner of the recyclable metal material or is authorized
18to sell the material on behalf of the owner. The recyclable
19metal dealer shall copy any such documentation and maintain it
20along with the purchase record required by Section 3 of this
21Act.
 
22    (815 ILCS 325/4.2 new)
23    Sec. 4.2. Purchases of HVAC recyclable metal. A recyclable
24metal dealer shall not pay cash in payment for any air
25conditioner evaporator coil or condenser having a value of $100

 

 

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1or more. Payment for these materials must be made as follows:
2        (1) by check or money order;
3        (2) the payee on the check or money order shall be the
4    same person as the seller who conducted the transaction;
5        (3) if the seller is a business, then the recyclable
6    metal dealer shall make the check or money order payable to
7    the company, and not to any individual employee or agent of
8    the company.
 
9    (815 ILCS 325/4.3 new)
10    Sec. 4.3. Purchases of copper. A recyclable metal dealer
11shall not pay cash in payment for any copper, including copper
12tubing or wiring, having a value of $100 or more. Payment for
13these materials must be made as follows:
14        (1) by check or money order;
15        (2) the payee on the check or money order shall be the
16    same person as the seller who conducted the transaction;
17        (3) if the seller is a business, then the recyclable
18    metal dealer shall make the check or money order payable to
19    the company, and not to any individual employee or agent of
20    the company.
 
21    (815 ILCS 325/4.6 new)
22    Sec. 4.6. Lost or stolen metals. If a recyclable metal
23dealer suspects property in his or her possession to be lost or
24stolen, then he or she shall immediately notify the local law

 

 

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1enforcement agency having jurisdiction and provide the law
2enforcement agency with the seller's information.
 
3    (815 ILCS 325/5)  (from Ch. 121 1/2, par. 325)
4    Sec. 5. Exemptions. The provisions of Sections Section 3,
54.2, and 4.3 of this Act do not apply to electrical
6contractors, to agencies or instrumentalities of the State of
7Illinois or of the United States, to units of local government,
8their agents or representatives, that have contracted with the
9recyclable metal dealer in the disposal of its metal street
10signs, to common carriers or to purchases from persons, firms
11or corporations regularly engaged in the business of
12manufacturing recyclable metal, the business of selling
13recyclable metal at retail or wholesale, in the business of
14razing, demolishing, destroying or removing buildings, to the
15purchase of one recyclable metal dealer from another or the
16purchase from persons, firms or corporations engaged in either
17the generation, transmission or distribution of electric
18energy or in telephone, telegraph and other communications if
19such common carriers, persons, firms or corporations at the
20time of the purchase provide the recyclable metal dealer with a
21bill of sale or other written evidence of title to the
22recyclable metal.
23(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
24    (815 ILCS 325/8)  (from Ch. 121 1/2, par. 328)

 

 

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1    Sec. 8. Penalty. Any recyclable metal dealer or other
2person who knowingly fails to comply with this Act is guilty of
3a Class A misdemeanor for the first offense, and a Class 4
4felony for the second or subsequent offense. Each day that any
5recyclable metal dealer so fails to comply shall constitute a
6separate offense.
7(Source: P.A. 95-979, eff. 1-2-09.)