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Public Act 097-0923


 

Public Act 0923 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0923
 
HB3825 EnrolledLRB097 13574 AEK 58101 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Recyclable Metal Purchase Registration Law
is amended by changing Sections 3, 5, and 8 and by adding
Sections 4.1, 4.2, 4.3, and 4.6 as follows:
 
    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
    Sec. 3. Records of purchases. Except as provided in Section
5 of this Act every recyclable metal dealer in this State shall
enter into an electronic record-keeping system on forms
provided by the Department of State Police or such department
as may succeed to its functions, for each purchase of
recyclable metal valued at $100 or more and for each
transaction involving the purchase of metal street signs the
following information:
        1. The name and address of the recyclable metal dealer;
        2. The date and place of each purchase;
        3. The name and address of the person or persons from
    whom the recyclable metal was or metal street signs were
    purchased, which shall be verified from a valid driver's
    license or other government-issued photo identification
    State Identification Card. The recyclable metal dealer
    shall make and record a photocopy or electronic scan of the
    driver's license or other government-issued photo
    identification State Identification Card. If the person
    delivering the recyclable metal or metal street signs does
    not have a valid driver's license or other
    government-issued photo identification State
    Identification Card, the recyclable metal dealer shall not
    complete the transaction;
        4. The motor vehicle license number and state of
    issuance of the motor vehicle license number of the vehicle
    or conveyance on which the recyclable metal was delivered
    to the recyclable metal dealer;
        5. A description of the recyclable metal or metal
    street signs purchased, including the weight and whether it
    consists of bars, cable, ingots, rods, tubing, wire, wire
    scraps, clamps, connectors, other appurtenances, or some
    combination thereof; and
        6. Photographs or video, or both, of the seller and of
    the materials as presented on the scale; and
        7. 6. A declaration signed and dated by the person or
    persons from whom the recyclable metal was or metal street
    signs were purchased which states the following:
            "I, the undersigned, affirm under penalty of law
        that the property that is subject to this transaction
        is not to the best of my knowledge stolen property.".
    For purposes of this Section, "metal street sign" means any
sign displaying the name of the street on which it is located
and all signs, signals, markings, and other devices placed or
erected by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning, or
guiding traffic.
    A copy of the recorded information completed form shall be
kept in an electronic record-keeping system a separate book or
register by the recyclable metal dealer. Purchase records and
shall be retained for a period of 3 2 years. Photographs shall
be retained for a period of 3 months and video recordings shall
be retained for a period of one month. The electronic
record-keeping system Such book or register shall be made
available for inspection by any law enforcement official or the
representatives of common carriers and persons, firms,
corporations or municipal corporations engaged in either the
generation, transmission or distribution of electric energy or
engaged in telephone, telegraph or other communications, at any
time.
(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
    (815 ILCS 325/4.1 new)
    Sec. 4.1. Restricted purchases.
    (a) It is a violation of this Act for any person to sell or
attempt to sell, or for any recyclable metal dealer to purchase
or attempt to purchase, any of the following:
        (1) materials that are clearly marked as property
    belonging to a business or someone else other than the
    seller;
        (2) property associated with use by governments,
    utilities, or railroads including, but not limited to,
    guardrails, manhole covers, electric transmission and
    distribution equipment, including transformers, grounding
    straps, wires or poles, historical markers, street signs,
    traffic signs, sewer grates, or any rail, switch component,
    spike, angle bar, tie plate, or bolt of the type used in
    constructing railroad track;
        (3) cemetery plaques or ornaments; or
        (4) any catalytic converter not attached to a motor
    vehicle at the time of the transaction unless the seller is
    licensed as an automotive parts recycler or scrap
    processor.
    (b) This Section shall not apply when the seller produces
written documentation reasonably demonstrating that the seller
is the owner of the recyclable metal material or is authorized
to sell the material on behalf of the owner. The recyclable
metal dealer shall copy any such documentation and maintain it
along with the purchase record required by Section 3 of this
Act.
 
    (815 ILCS 325/4.2 new)
    Sec. 4.2. Purchases of HVAC recyclable metal. A recyclable
metal dealer shall not pay cash in payment for any air
conditioner evaporator coil or condenser having a value of $100
or more. Payment for these materials must be made as follows:
        (1) by check or money order;
        (2) the payee on the check or money order shall be the
    same person as the seller who conducted the transaction;
        (3) if the seller is a business, then the recyclable
    metal dealer shall make the check or money order payable to
    the company, and not to any individual employee or agent of
    the company.
 
    (815 ILCS 325/4.3 new)
    Sec. 4.3. Purchases of copper. A recyclable metal dealer
shall not pay cash in payment for any copper, including copper
tubing or wiring, having a value of $100 or more. Payment for
these materials must be made as follows:
        (1) by check or money order;
        (2) the payee on the check or money order shall be the
    same person as the seller who conducted the transaction;
        (3) if the seller is a business, then the recyclable
    metal dealer shall make the check or money order payable to
    the company, and not to any individual employee or agent of
    the company.
 
    (815 ILCS 325/4.6 new)
    Sec. 4.6. Lost or stolen metals. If a recyclable metal
dealer suspects property in his or her possession to be lost or
stolen, then he or she shall immediately notify the local law
enforcement agency having jurisdiction and provide the law
enforcement agency with the seller's information.
 
    (815 ILCS 325/5)  (from Ch. 121 1/2, par. 325)
    Sec. 5. Exemptions. The provisions of Sections Section 3,
4.2, and 4.3 of this Act do not apply to electrical
contractors, to agencies or instrumentalities of the State of
Illinois or of the United States, to units of local government,
their agents or representatives, that have contracted with the
recyclable metal dealer in the disposal of its metal street
signs, to common carriers or to purchases from persons, firms
or corporations regularly engaged in the business of
manufacturing recyclable metal, the business of selling
recyclable metal at retail or wholesale, in the business of
razing, demolishing, destroying or removing buildings, to the
purchase of one recyclable metal dealer from another or the
purchase from persons, firms or corporations engaged in either
the generation, transmission or distribution of electric
energy or in telephone, telegraph and other communications if
such common carriers, persons, firms or corporations at the
time of the purchase provide the recyclable metal dealer with a
bill of sale or other written evidence of title to the
recyclable metal.
(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
    (815 ILCS 325/8)  (from Ch. 121 1/2, par. 328)
    Sec. 8. Penalty. Any recyclable metal dealer or other
person who knowingly fails to comply with this Act is guilty of
a Class A misdemeanor for the first offense, and a Class 4
felony for the second or subsequent offense. Each day that any
recyclable metal dealer so fails to comply shall constitute a
separate offense.
(Source: P.A. 95-979, eff. 1-2-09.)

Effective Date: 1/1/2013