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Full Text of HB3825  97th General Assembly

HB3825ham001 97TH GENERAL ASSEMBLY

Rep. Michael Unes

Filed: 2/6/2012

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3825

2    AMENDMENT NO. ______. Amend House Bill 3825 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Criminal Code of 1961 is amended by adding
5Section 16-23 as follows:
 
6    (720 ILCS 5/16-23 new)
7    Sec. 16-23. Theft of recyclable metal.
8    (a) A person commits theft of recyclable metal when,
9without the consent of the owner, he or she knowingly obtains
10or exerts control over property of the owner or aids or assists
11in obtaining or exerting control over property of the owner:
12        (1) consisting of any recyclable metal as defined in
13    Section 2 of the Recyclable Metal Purchase Registration
14    Law; and
15        (2) which is manufactured, sold, or used as:
16            (A) a telegraph, telephone, cable

 

 

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1        telecommunications, electric power transmission
2        pedestal, underground residential distribution device,
3        or pole;
4            (B) a telephone, cable telecommunications, or
5        electric power line;
6            (C) a wire or fiber insulator, power supply,
7        transformer, grounding system, transmission or other
8        apparatus, equipment or fixture used in the
9        transmission of telegraph, telephone, cable
10        telecommunications, or electrical power service;
11            (D) equipment related to wireless communications
12        regulated by the Federal Communications Commission;
13            (E) a fire hydrant, gutter, downspout, plumbing
14        pipe, or plumbing fixture;
15            (F) an irrigation unit including a cable, pump, or
16        power supply;
17            (G) a heating, ventilation, or air conditioning
18        unit or system, or any component of a heating,
19        ventilation, or air conditioning unit unit or system;
20        or
21            (H) a guardrail, manhole cover, historical marker,
22        or cemetery plaque.
23    (b) A person also commits theft of recyclable metal when he
24or she, in committing or attempting to commit theft of
25recyclable metal under subsection (a), knowingly damages or
26destroys any property of another by removing or damaging

 

 

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1recyclable metal components of that property.
2    (c) Sentence.
3        (1) Theft of recyclable metal not exceeding $500 in
4    value is a Class 4 felony.
5        (2) Theft of recyclable metal not exceeding $500 in
6    value if the theft was committed in a school or place of
7    worship or if the theft was of governmental property is a
8    Class 3 felony.
9        (3) Theft of recyclable metal exceeding $500 and not
10    exceeding $10,000 in value, is a Class 2 felony.
11        (4) Theft of recyclable metal exceeding $500 in value
12    if the theft was committed in a school or place of worship
13    or if the theft was of governmental property is a Class 1
14    felony.
15        (5) Theft of recyclable metal exceeding $10,000 in
16    value is a Class 1 felony.
17        (6) For the purpose of this Section, "value" means the
18    sum of the fair market value of any recyclable metal
19    unlawfully obtained or controlled under subsection (a) of
20    this Section and the fair market value of any property
21    damaged or destroyed under subsection (b) of this Section.
 
22    Section 10. The Recyclable Metal Purchase Registration Law
23is amended by changing Sections 3, 4.5, 5, and 8 and by adding
24Sections 4.1, 4.2, 4.3, and 4.6 as follows:
 

 

 

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1    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
2    Sec. 3. Records of purchases. Except as provided in Section
35 of this Act every recyclable metal dealer in this State shall
4enter into an electronic record-keeping system or on forms
5provided by the Department of State Police or such department
6as may succeed to its functions, for each purchase of
7recyclable metal valued at $100 or more and for each
8transaction involving the purchase of metal street signs the
9following information:
10        1. The name and address of the recyclable metal dealer;
11        2. The date and place of each purchase;
12        3. The name and address of the person or persons from
13    whom the recyclable metal was or metal street signs were
14    purchased, which shall be verified from a valid driver's
15    license or State Identification Card. The recyclable metal
16    dealer shall make and record a photocopy or electronic scan
17    of the driver's license or State Identification Card. If
18    the person delivering the recyclable metal or metal street
19    signs does not have a valid driver's license or State
20    Identification Card, the recyclable metal dealer shall not
21    complete the transaction;
22        4. The motor vehicle license number and state of
23    issuance of the motor vehicle license number of the vehicle
24    or conveyance on which the recyclable metal was delivered
25    to the recyclable metal dealer;
26        5. A description of the recyclable metal or metal

 

 

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1    street signs purchased, including the weight and whether it
2    consists of bars, cable, ingots, rods, tubing, wire, wire
3    scraps, clamps, connectors, other appurtenances, or some
4    combination thereof; and
5        6. A declaration signed and dated by the person or
6    persons from whom the recyclable metal was or metal street
7    signs were purchased which states the following:
8            "I, the undersigned, affirm under penalty of law
9        that the property that is subject to this transaction
10        is not to the best of my knowledge stolen property."
11    For purposes of this Section, "metal street sign" means any
12sign displaying the name of the street on which it is located
13and all signs, signals, markings, and other devices placed or
14erected by authority of a public body or official having
15jurisdiction, for the purpose of regulating, warning, or
16guiding traffic.
17    The record of purchase A copy of the completed form shall
18be kept in a separate book or register or electronic
19record-keeping system by the recyclable metal dealer and shall
20be retained for a period of 3 2 years. Such book or register or
21electronic record-keeping system shall be made available for
22inspection by any law enforcement official or the
23representatives of common carriers and persons, firms,
24corporations or municipal corporations engaged in either the
25generation, transmission or distribution of electric energy or
26engaged in telephone, telegraph or other communications, at any

 

 

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1time.
2(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
3    (815 ILCS 325/4.1 new)
4    Sec. 4.1. Restricted purchases.
5    (a) It is a violation of this Act for any person to sell or
6attempt to sell, or for any recyclable metal dealer to purchase
7or attempt to purchase, any of the following:
8        (1) materials that are clearly marked as property
9    belonging to a business or someone else other than the
10    seller;
11        (2) property associated with use by governments,
12    utilities, or railroads including, but not limited to,
13    guardrails, manhole covers, cables used only in
14    high-voltage transmission lines, historical markers,
15    street signs, traffic signs, or sewer grates, and any rail,
16    switch component, spike, angle bar, tie plate, or bolt of
17    the type used in constructing railroad track;
18        (3) cemetery plaques or ornaments; or
19        (4) any catalytic converter not attached to a motor
20    vehicle at the time of the transaction.
21    (b) This Section shall not apply when the seller produces
22written documentation reasonably demonstrating that the seller
23is the owner of the recyclable metal material or is authorized
24to sell the material on behalf of the owner. The recyclable
25metal dealer shall copy any such documentation and maintain it

 

 

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1along with the purchase record required by Section 3 of this
2Act.
 
3    (815 ILCS 325/4.2 new)
4    Sec. 4.2. Purchases of HVAC recyclable metal.
5    A recyclable metal dealer shall not pay cash in payment for
6any air conditioner evaporator coil or condenser having a value
7of $100 or more. Payment for these materials must be made as
8follows:
9        (1) by check or money order;
10        (2) the payee on the check or money order shall be the
11    same person as the seller who conducted the transaction;
12        (3) if the seller is a business, then the recyclable
13    metal dealer shall make the check or money order payable to
14    the company, and not to any individual employee or agent of
15    the company.
 
16    (815 ILCS 325/4.3 new)
17    Sec. 4.3. Purchases of copper. A recyclable metal dealer
18shall not pay cash in payment for any copper, including copper
19tubing or wiring, having a value of $100 or more. Payment for
20these materials must be made as follows:
21        (1) by check or money order;
22        (2) the payee on the check or money order shall be the
23    same person as the seller who conducted the transaction;
24        (3) if the seller is a business, then the recyclable

 

 

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1    metal dealer shall make the check or money order payable to
2    the company, and not to any individual employee or agent of
3    the company.
 
4    (815 ILCS 325/4.5)
5    Sec. 4.5. Purchase of beer kegs by recyclable metal
6dealers.
7    (a) A recyclable metal dealer may not purchase metal beer
8kegs from any person other than the beer manufacturer whose
9identity is printed, stamped, attached, or otherwise displayed
10on the beer keg, or from the manufacturer's authorized
11representative.
12    (b) The purchaser shall obtain a proof of ownership record
13from a person selling the beer keg, including any person
14selling a beer keg with an indicia of ownership that is
15obliterated, unreadable, or missing, and shall also verify the
16seller's identity by a driver's license or State Identification
17Card other government-issued photo identification. The proof
18of ownership record shall include all of the following
19information:
20        (1) The name, address, telephone number, and signature
21    of the seller or the seller's authorized representative.
22        (2) The name and address of the buyer, or consignee if
23    not sold.
24        (3) A description of the beer keg, including its
25    capacity and any indicia of ownership or other

 

 

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1    distinguishing marks appearing on the exterior surface.
2        (4) The date of transaction.
3    (c) The information required to be collected by this
4Section shall be kept for one year from the date of purchase or
5delivery, whichever is later.
6(Source: P.A. 95-979, eff. 1-2-09.)
 
7    (815 ILCS 325/4.6 new)
8    Sec. 4.6. Lost or stolen metals.
9    If a recyclable metal dealer suspects property in his or
10her possession to be lost or stolen, then he or she shall
11immediately notify the local law enforcement agency having
12jurisdiction and provide the law enforcement agency with the
13seller's information.
 
14    (815 ILCS 325/5)  (from Ch. 121 1/2, par. 325)
15    Sec. 5. Exemptions. The provisions of Sections 3, 4.2, and
164.3 Section 3 of this Act do not apply to electrical
17contractors, to agencies or instrumentalities of the State of
18Illinois or of the United States, to units of local government,
19their agents or representatives, that have contracted with the
20recyclable metal dealer in the disposal of its metal street
21signs, to common carriers or to purchases from persons, firms
22or corporations regularly engaged in the business of
23manufacturing recyclable metal, the business of selling
24recyclable metal at retail or wholesale, in the business of

 

 

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1razing, demolishing, destroying or removing buildings, to the
2purchase of one recyclable metal dealer from another or the
3purchase from persons, firms or corporations engaged in either
4the generation, transmission or distribution of electric
5energy or in telephone, telegraph and other communications if
6such common carriers, persons, firms or corporations at the
7time of the purchase provide the recyclable metal dealer with a
8bill of sale or other written evidence of title to the
9recyclable metal.
10(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
11    (815 ILCS 325/8)  (from Ch. 121 1/2, par. 328)
12    Sec. 8. Penalty. Any recyclable metal dealer or other
13person who knowingly fails to comply with this Act is guilty of
14a Class A misdemeanor for the first offense, and a Class 4
15felony for the second or subsequent offense. Each day that any
16recyclable metal dealer so fails to comply shall constitute a
17separate offense.
18(Source: P.A. 95-979, eff. 1-2-09.)".