Illinois General Assembly

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Full Text of HB3825  97th General Assembly


Sen. Michael W. Frerichs

Filed: 5/8/2012





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2    AMENDMENT NO. ______. Amend House Bill 3825 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Recyclable Metal Purchase Registration Law
5is amended by changing Sections 3 and 8 and by adding Sections
64.1, 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;



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1        2. The date and place of each purchase;
2        3. The name and address of the person or persons from
3    whom the recyclable metal was or metal street signs were
4    purchased, which shall be verified from a valid driver's
5    license or State Identification Card. The recyclable metal
6    dealer shall make and record a photocopy or electronic scan
7    of the driver's license or State Identification Card. If
8    the person delivering the recyclable metal or metal street
9    signs does not have a valid driver's license or State
10    Identification Card, the recyclable metal dealer shall not
11    complete the transaction;
12        4. The motor vehicle license number and state of
13    issuance of the motor vehicle license number of the vehicle
14    or conveyance on which the recyclable metal was delivered
15    to the recyclable metal dealer;
16        5. A description of the recyclable metal or metal
17    street signs purchased, including the weight and whether it
18    consists of bars, cable, ingots, rods, tubing, wire, wire
19    scraps, clamps, connectors, other appurtenances, or some
20    combination thereof; and
21        6. Photographs and video, or both, of the seller and of
22    the material as it is presented on the scale; and
23        7. 6. A declaration signed and dated by the person or
24    persons from whom the recyclable metal was or metal street
25    signs were purchased which states the following:
26            "I, the undersigned, affirm under penalty of law



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1        that the property that is subject to this transaction
2        is not to the best of my knowledge stolen property.".
3    For purposes of this Section, "metal street sign" means any
4sign displaying the name of the street on which it is located
5and all signs, signals, markings, and other devices placed or
6erected by authority of a public body or official having
7jurisdiction, for the purpose of regulating, warning, or
8guiding traffic.
9    A copy of the recorded information completed form shall be
10kept in an electronic record-keeping system a separate book or
11register by the recyclable metal dealer. Purchase records and
12shall be retained for a period of 3 2 years. Photographs shall
13be retained for a period of 3 months and video recordings shall
14be retained for a period of one month. The electronic
15record-keeping system Such book or register shall be made
16available for inspection by any law enforcement official or the
17representatives of common carriers and persons, firms,
18corporations or municipal corporations engaged in either the
19generation, transmission or distribution of electric energy or
20engaged in telephone, telegraph or other communications, at any
22    In every transaction, a recyclable metal dealer shall
23inquire as to where the recyclable metal was obtained for the
24purpose of determining whether the seller is in lawful
25possession of the recyclable metal. If the seller presents a
26bill of sale, receipt, or other document indicating that he or



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



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1    (815 ILCS 325/4.2 new)
2    Sec. 4.2. Purchases of HVAC recyclable metal. A recyclable
3metal dealer shall not pay cash, nor shall the dealer make
4payment at the time of the transaction, in payment for any air
5conditioner evaporator coil or condenser. Payment for any air
6conditioner evaporator coil or condenser must be made as
8        (1) by check or money order;
9        (2) the payee on the check or money order shall be the
10    same person as the seller who conducted the transaction;
11        (3) if the seller is a business, then the recyclable
12    metal dealer shall make the check or money order payable to
13    the company, and not to any individual employee or agent of
14    the company.
15    (815 ILCS 325/4.3 new)
16    Sec. 4.3. Purchases of copper; catalytic converters. A
17recyclable metal dealer shall not pay cash in payment for any
18copper, including copper tubing or wiring, or catalytic
19converters. Payment for these materials must be made as
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 325/4.6 new)
5    Sec. 4.6. Lost or stolen metals. If a recyclable metal
6dealer suspects property in his or her possession to be lost or
7stolen, then he or she shall immediately notify the local law
8enforcement agency having jurisdiction and provide the law
9enforcement agency with the seller's information.
10    (815 ILCS 325/8)  (from Ch. 121 1/2, par. 328)
11    Sec. 8. Penalty. Any recyclable metal dealer or other
12person who knowingly fails to comply with this Act is guilty of
13a Class A misdemeanor for the first offense, and a Class 4
14felony for the second or subsequent offense. Each day that any
15recyclable metal dealer so fails to comply shall constitute a
16separate offense.
17(Source: P.A. 95-979, eff. 1-2-09.)".