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Full Text of HB3825  97th General Assembly

HB3825sam002 97TH GENERAL ASSEMBLY

Sen. Michael W. Frerichs

Filed: 5/16/2012

 

 


 

 


 
09700HB3825sam002LRB097 13574 JLS 69587 a

1
AMENDMENT TO HOUSE BILL 3825

2    AMENDMENT NO. ______. Amend House Bill 3825, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Recyclable Metal Purchase Registration Law
6is amended by changing Sections 3, 5, and 8 and by adding
7Sections 4.1, 4.2, 4.3, and 4.6 as follows:
 
8    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
9    Sec. 3. Records of purchases. Except as provided in Section
105 of this Act every recyclable metal dealer in this State shall
11enter into an electronic record-keeping system on forms
12provided by the Department of State Police or such department
13as may succeed to its functions, for each purchase of
14recyclable metal valued at $100 or more and for each
15transaction involving the purchase of metal street signs the
16following information:

 

 

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

 

 

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1        7. 6. A declaration signed and dated by the person or
2    persons from whom the recyclable metal was or metal street
3    signs were purchased which states the following:
4            "I, the undersigned, affirm under penalty of law
5        that the property that is subject to this transaction
6        is not to the best of my knowledge stolen property.".
7    For purposes of this Section, "metal street sign" means any
8sign displaying the name of the street on which it is located
9and all signs, signals, markings, and other devices placed or
10erected by authority of a public body or official having
11jurisdiction, for the purpose of regulating, warning, or
12guiding traffic.
13    A copy of the recorded information completed form shall be
14kept in an electronic record-keeping system a separate book or
15register by the recyclable metal dealer. Purchase records and
16shall be retained for a period of 3 2 years. Photographs shall
17be retained for a period of 3 months and video recordings shall
18be retained for a period of one month. The electronic
19record-keeping system Such book or register shall be made
20available for inspection by any law enforcement official or the
21representatives of common carriers and persons, firms,
22corporations or municipal corporations engaged in either the
23generation, transmission or distribution of electric energy or
24engaged in telephone, telegraph or other communications, at any
25time.
26(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 

 

 

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

 

 

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1metal dealer shall copy any such documentation and maintain it
2along with the purchase record required by Section 3 of this
3Act.
 
4    (815 ILCS 325/4.2 new)
5    Sec. 4.2. Purchases of HVAC recyclable metal. A recyclable
6metal dealer shall not pay cash in payment for any air
7conditioner evaporator coil or condenser having a value of $100
8or more. Payment for these materials must be made as follows:
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 325/4.6 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 325/5)  (from Ch. 121 1/2, par. 325)
11    Sec. 5. Exemptions. The provisions of Sections Section 3,
124.2, and 4.3 of this Act do not apply to electrical
13contractors, to agencies or instrumentalities of the State of
14Illinois or of the United States, to units of local government,
15their agents or representatives, that have contracted with the
16recyclable metal dealer in the disposal of its metal street
17signs, to common carriers or to purchases from persons, firms
18or corporations regularly engaged in the business of
19manufacturing recyclable metal, the business of selling
20recyclable metal at retail or wholesale, in the business of
21razing, demolishing, destroying or removing buildings, to the
22purchase of one recyclable metal dealer from another or the
23purchase from persons, firms or corporations engaged in either
24the generation, transmission or distribution of electric

 

 

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