Illinois General Assembly - Full Text of HB3825
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Full Text of HB3825  97th General Assembly

HB3825 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3825

 

Introduced 10/5/2011, by Rep. Michael Unes

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 325/3  from Ch. 121 1/2, par. 323
815 ILCS 325/4.1 new
815 ILCS 325/4.2 new
815 ILCS 325/4.3 new
815 ILCS 325/4.6 new
815 ILCS 325/8  from Ch. 121 1/2, par. 328

    Amends the Recyclable Metal Purchase Registration Law. Provides that all purchases of recyclable metal must be recorded as provided in the Act, instead of only purchases of recyclable metal with a minimum value of $100. Provides that recyclable metal dealers must retain transaction records for 3 instead of 2 years. Requires dealers to ask about where the recyclable metal was obtained. Requires a recyclable metal dealer that suspects property in his or her possession to be lost or stolen to immediately notify local law enforcement. Restricts the purchase and sale of specific materials without documentation of ownership. Provides that recyclable metal dealers cannot pay cash, nor make payment at the time of the transaction, for specified metals. Provides that it is a violation of the Act for a recyclable metal dealer to purchase or attempt to purchase recyclable metal from persons convicted of specified felonies, when the dealer has been informed of such convictions by law enforcement. Provides that any person, in addition to a recyclable metal dealer, who knowingly fails to comply with the Act is guilty of a Class A misdemeanor for the first offense, and a Class 4 felony for the second or subsequent offense.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3825LRB097 13574 AEK 58101 b

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 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 on forms provided by the Department of State Police or
11such department as may succeed to its functions, for each
12purchase of recyclable metal valued at $100 or more and for
13each transaction involving the purchase of metal street signs
14the following information:
15        1. The name and address of the recyclable metal dealer;
16        2. The date and place of each purchase;
17        3. The name and address of the person or persons from
18    whom the recyclable metal was or metal street signs were
19    purchased, which shall be verified from a valid driver's
20    license or State Identification Card. The recyclable metal
21    dealer shall make and record a photocopy or electronic scan
22    of the driver's license or State Identification Card. If
23    the person delivering the recyclable metal or metal street

 

 

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1    signs does not have a valid driver's license or State
2    Identification Card, the recyclable metal dealer shall not
3    complete the transaction;
4        4. The motor vehicle license number and state of
5    issuance of the motor vehicle license number of the vehicle
6    or conveyance on which the recyclable metal was delivered
7    to the recyclable metal dealer;
8        5. A description of the recyclable metal or metal
9    street signs purchased, including the weight and whether it
10    consists of bars, cable, ingots, rods, tubing, wire, wire
11    scraps, clamps, connectors, other appurtenances, or some
12    combination thereof; and
13        6. A declaration signed and dated by the person or
14    persons from whom the recyclable metal was or metal street
15    signs were purchased which states the following:
16            "I, the undersigned, affirm under penalty of law
17        that the property that is subject to this transaction
18        is not to the best of my knowledge stolen property."
19    For purposes of this Section, "metal street sign" means any
20sign displaying the name of the street on which it is located
21and all signs, signals, markings, and other devices placed or
22erected by authority of a public body or official having
23jurisdiction, for the purpose of regulating, warning, or
24guiding traffic.
25    A copy of the completed form shall be kept in a separate
26book or register by the recyclable metal dealer and shall be

 

 

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1retained for a period of 3 2 years. Such book or register shall
2be made available for inspection by any law enforcement
3official or the representatives of common carriers and persons,
4firms, corporations or municipal corporations engaged in
5either the generation, transmission or distribution of
6electric energy or engaged in telephone, telegraph or other
7communications, at any time.
8    In every transaction, a recyclable metals dealer shall
9inquire as to where the recyclable metal was obtained for the
10purpose of determining whether the seller is in lawful
11possession of the recyclable metal. If the seller presents a
12bill of sale, receipt, or other document indicating that he or
13she is in lawful possession of the recyclable metal, then the
14recyclable metal dealer shall copy such document and maintain
15it along with the purchase record required by this Section.
16(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
 
17    (815 ILCS 325/4.1 new)
18    Sec. 4.1. Restricted purchases.
19    (a) It is a violation of this Act for any person to sell or
20attempt to sell, or for any recyclable metal dealer to purchase
21or attempt to purchase, any of the following:
22        (1) materials that are clearly marked as property
23    belonging to a business or someone else other than the
24    seller;
25        (2) property associated with use by governments,

 

 

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1    utilities, or railroads, including but not limited to
2    guardrails, manhole covers, cables used only in
3    high-voltage transmission lines, historical markers,
4    street signs, traffic signs, and sewer grates; or
5        (3) cemetery plaques.
6    (b) This Section shall not apply when the seller produces
7written documentation reasonably demonstrating that the seller
8is the owner of the recyclable metal material or is authorized
9to sell the material on behalf of the owner. The recyclable
10metal dealer shall copy any such documentation and maintain it
11along with the purchase record required by Section 3 of this
12Act.
 
13    (815 ILCS 325/4.2 new)
14    Sec. 4.2. Purchases of HVAC recyclable metal.
15    A recyclable metal dealer shall not pay cash, nor shall the
16dealer make payment at the time of the transaction, in payment
17for any air conditioner evaporator coil or condenser. Payment
18for air conditioner evaporator coil or condenser must be made
19as follows:
20        (a) by check or money order, after a period of 3
21    business days from the date of the transaction;
22        (b) the payee on the check or money order shall be the
23    same person as the seller who conducted the transaction;
24        (c) if the seller is a business, then the recyclable
25    metal dealer shall make the check or money order payable to

 

 

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1    the company, and not to any individual employee or agent of
2    the company.
 
3    (815 ILCS 325/4.3 new)
4    Sec. 4.3. Purchases of copper; catalytic converters.
5    A recyclable metal dealer shall not pay cash, nor shall the
6dealer make payment at the time of the transaction, in payment
7for any copper, including copper tubing or wiring, or catalytic
8converters. Payment for these materials must be made as
9follows:
10        (a) by check or money order, after a period of 3
11    business days from the date of the transaction;
12        (b) the payee on the check or money order shall be the
13    same person as the seller who conducted the transaction;
14        (c) if the seller is a business, then the recyclable
15    metal dealer shall make the check or money order payable to
16    the company, and not to any individual employee or agent of
17    the company.
 
18    (815 ILCS 325/4.6 new)
19    Sec. 4.6. Lost or stolen metals.
20    If a recyclable metal dealer suspects property in his or
21her possession to be lost or stolen, then he or she shall
22immediately notify the local law enforcement agency having
23jurisdiction and provide the law enforcement agency with the
24seller's information.

 

 

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1    It is a violation of this Act for a recyclable metal dealer
2to purchase or attempt to purchase recyclable metal from any
3person who the dealer has been informed by law enforcement has
4been convicted during the previous 10 years of a felony
5violation of: the Illinois Controlled Substances Act, the
6Cannabis Control Act, the Methamphetamine Control and
7Community Protection Act, or Article 16, 18, or 19 of the
8Criminal Code of 1961.
 
9    (815 ILCS 325/8)  (from Ch. 121 1/2, par. 328)
10    Sec. 8. Penalty. Any recyclable metal dealer or other
11person who knowingly fails to comply with this Act is guilty of
12a Class A misdemeanor for the first offense, and a Class 4
13felony for the second or subsequent offense. Each day that any
14recyclable metal dealer so fails to comply shall constitute a
15separate offense.
16(Source: P.A. 95-979, eff. 1-2-09.)