Full Text of HB0107 102nd General Assembly
HB0107ham001 102ND GENERAL ASSEMBLY | Rep. Jaime M. Andrade, Jr. Filed: 2/22/2022
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| 1 | | AMENDMENT TO HOUSE BILL 107
| 2 | | AMENDMENT NO. ______. Amend House Bill 107 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Recyclable Metal Purchase Registration Law | 5 | | is amended by changing Sections 2, 3, 4.1, 6.5, and 8 and by | 6 | | adding 4.4 as follows:
| 7 | | (815 ILCS 325/2) (from Ch. 121 1/2, par. 322)
| 8 | | Sec. 2. Definitions. When used in this Act:
| 9 | | "Recyclable metal" means any copper, brass, or aluminum, | 10 | | or any combination of those metals, or any catalytic converter | 11 | | or its contents purchased by a recyclable metal dealer, | 12 | | irrespective of form or quantity,
except that "recyclable | 13 | | metal" does not include: (i) items designed to contain, or to | 14 | | be used in the preparation of, beverages or food for human | 15 | | consumption; (ii) discarded items
of non-commercial or | 16 | | household waste; (iii) gold, silver, platinum, and other |
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| 1 | | precious metals used in jewelry; or (iv) vehicles, junk | 2 | | vehicles, vehicle cowls, or essential vehicle parts.
| 3 | | "Recyclable metal dealer" means any individual, firm, | 4 | | corporation or partnership conducting activity within the | 5 | | boundaries of the State of Illinois and
engaged in the | 6 | | business of purchasing and reselling recyclable metal either | 7 | | at a
permanently established place of business or in | 8 | | connection with a business
of an itinerant nature, including | 9 | | junk shops, junk yards, or junk stores, except that | 10 | | "recyclable metal dealer" does not include automotive parts | 11 | | recyclers, scrap processors, repairers and rebuilders licensed | 12 | | pursuant to Section 5-301 of the Illinois Vehicle Code. | 13 | | Recyclable metal dealers shall not be engaged in the business | 14 | | of purchasing or reselling vehicles, junk vehicles, vehicle | 15 | | cowls, or essential vehicle parts.
| 16 | | (Source: P.A. 95-979, eff. 1-2-09.)
| 17 | | (815 ILCS 325/3) (from Ch. 121 1/2, par. 323)
| 18 | | Sec. 3. Records of purchases. Except as provided in | 19 | | Section 5 of this Act every recyclable metal dealer in this
| 20 | | State shall enter into an electronic record-keeping system for | 21 | | each
purchase of recyclable metal , a catalytic converter or | 22 | | its contents, or recyclable metal containing copper the | 23 | | following
information:
| 24 | | 1. The name and address of the recyclable metal | 25 | | dealer;
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| 1 | | 2. The date and place of each purchase;
| 2 | | 3. The name , and address , and copy of the license as an | 3 | | automotive parts recycler or scrap processor issued by the | 4 | | Secretary of State of the person or persons from whom the | 5 | | recyclable metal was
purchased, which shall be verified | 6 | | from a valid driver's license or other government-issued | 7 | | photo identification. The recyclable metal dealer shall | 8 | | make and record a photocopy or electronic scan of the | 9 | | license as an automotive parts recycler or scrap processor | 10 | | issued by the Secretary of State and driver's license or | 11 | | other government-issued photo identification. If the | 12 | | person delivering the recyclable metal does not have a | 13 | | valid driver's license or other government-issued photo | 14 | | identification, 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 | 18 | | vehicle or conveyance on
which the recyclable metal was | 19 | | delivered to the recyclable metal dealer;
| 20 | | 5. A description of the recyclable metal purchased, | 21 | | including the weight and
whether it consists of bars, | 22 | | cable, ingots, rods, tubing, wire, wire
scraps, clamps, | 23 | | connectors, other appurtenances, or some combination
| 24 | | thereof;
| 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. A declaration signed and dated by the person or | 2 | | persons from whom the recyclable metal was purchased which | 3 | | 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 | | A copy of the recorded information shall be kept in an | 8 | | electronic record-keeping system by the recyclable metal | 9 | | dealer. Purchase records shall be retained for a period of 3 | 10 | | years. Photographs shall be retained for a period of 3 months | 11 | | and video recordings shall be retained for a period of one | 12 | | month. The electronic record-keeping system shall be made | 13 | | available for inspection by any
law enforcement official or | 14 | | the representatives of common carriers and
persons, firms, | 15 | | corporations or municipal corporations engaged in either
the | 16 | | generation, transmission or distribution of electric energy or | 17 | | engaged
in telephone, telegraph or other communications, at | 18 | | any time. A recyclable metal dealer must complete and file a | 19 | | 1099-MISC on behalf of the seller, unless the seller has a | 20 | | current license as an automotive parts recycler or scrap | 21 | | processor issued by the Secretary of State.
| 22 | | (Source: P.A. 97-923, eff. 1-1-13; 97-924, eff. 1-1-13; | 23 | | 98-463, eff. 8-16-13.)
| 24 | | (815 ILCS 325/4.1) | 25 | | Sec. 4.1. Restricted purchases. |
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| 1 | | (a) It is a violation of this Act for any person to | 2 | | possess, purchase, attempt to purchase, sell or attempt to | 3 | | sell, or for any recyclable metal dealer to purchase or | 4 | | attempt to purchase, any of the following: | 5 | | (1) materials that are clearly marked as property | 6 | | belonging to a business or someone else other than the | 7 | | seller; | 8 | | (2) property associated with use by governments, | 9 | | utilities, or railroads including, but not limited to, | 10 | | guardrails, manhole covers, electric transmission and | 11 | | distribution equipment, including transformers, grounding | 12 | | straps, wires or poles, historical markers, street signs, | 13 | | traffic signs, sewer grates, or any rail, switch | 14 | | component, spike, angle bar, tie plate, or bolt of the | 15 | | type used in constructing railroad track; | 16 | | (3) cemetery plaques or ornaments; or | 17 | | (4) any catalytic converter or its contents not | 18 | | attached to a motor vehicle at the time of the transaction | 19 | | unless the seller is licensed as an automotive parts | 20 | | recycler or scrap processor. | 21 | | (b) This Section shall not apply when the seller produces | 22 | | written documentation reasonably demonstrating that the seller | 23 | | is the owner of the recyclable metal material or is authorized | 24 | | to sell the material on behalf of the owner. The recyclable | 25 | | metal dealer shall copy any such documentation and maintain it | 26 | | along with the purchase record required by Section 3 of this |
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| 1 | | Act.
| 2 | | (Source: P.A. 97-923, eff. 1-1-13.) | 3 | | (815 ILCS 325/4.4 new) | 4 | | Sec. 4.4. Purchase of a catalytic converter or its | 5 | | contents. A recyclable metal dealer shall not pay cash in | 6 | | payment for any catalytic converter or its contents having a | 7 | | value of $100 or more. | 8 | | (815 ILCS 325/6.5) | 9 | | Sec. 6.5. Recyclable Metal Theft Task Force. | 10 | | (a) The Recyclable Metal Theft Task Force is created | 11 | | within the Office of the Secretary of State. The Office of the | 12 | | Secretary of State shall provide administrative support for | 13 | | the Task Force. The Task Force shall consist of the members | 14 | | designated in subsections (b) and (c). | 15 | | (b) Members of the Task Force representing the State shall | 16 | | be appointed as follows: | 17 | | (1) Two members of the Senate appointed one each by | 18 | | the President of the Senate and by the Minority Leader of | 19 | | the Senate; | 20 | | (2) Two members of the House of Representatives | 21 | | appointed one each by the Speaker of the House of | 22 | | Representatives and by the Minority Leader of the House of | 23 | | Representatives; | 24 | | (3) One member representing the Office of the |
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| 1 | | Secretary of State appointed by the Secretary of State; | 2 | | and | 3 | | (4) Two members representing the Illinois State Police | 4 | | appointed by the Director of the Illinois State Police, | 5 | | one of whom must represent the State Police Academy. | 6 | | (c) The members appointed under subsection (b) shall | 7 | | select from their membership a chairperson. The chairperson | 8 | | shall appoint the public members of the Task Force as follows: | 9 | | (1) One member representing municipalities in this | 10 | | State with consideration given to persons recommended by | 11 | | an organization representing municipalities in this State; | 12 | | (2) Five chiefs of police from various geographical | 13 | | areas of the State with consideration given to persons | 14 | | recommended by an organization representing chiefs of | 15 | | police in this State; | 16 | | (3) One representative of a public utility | 17 | | headquartered in Illinois; | 18 | | (4) One representative of recyclable metal dealers in | 19 | | Illinois; | 20 | | (5) One representative of scrap metal suppliers in | 21 | | Illinois; | 22 | | (6) One representative of insurance companies offering | 23 | | homeowners insurance in this State; | 24 | | (7) One representative of rural electric cooperatives | 25 | | in Illinois; and | 26 | | (8) One representative of a local exchange carrier |
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| 1 | | doing business in Illinois ; . | 2 | | (9) One representative of automotive recyclers in this | 3 | | State; and | 4 | | (10) One representative of fleet operators in this | 5 | | State. | 6 | | (d) The Task Force shall endeavor to establish a | 7 | | collaborative effort to combat recyclable metal theft | 8 | | throughout the State and assist in developing regional task | 9 | | forces, as determined necessary, to combat recyclable metal | 10 | | theft. The Task Force shall consider and develop long-term | 11 | | solutions, both legislative and enforcement-driven, for the | 12 | | rising problem of recyclable metal thefts in this State. | 13 | | (e) Each year, the Task Force shall review the | 14 | | effectiveness of its efforts in deterring and investigating | 15 | | the problem of recyclable metal theft and in assisting in the | 16 | | prosecution of persons engaged in recyclable metal theft. The | 17 | | Task Force shall by October 31 of each year report its findings | 18 | | and recommendations to the General Assembly and the Governor.
| 19 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 20 | | (815 ILCS 325/8) (from Ch. 121 1/2, par. 328)
| 21 | | Sec. 8. Penalty. Any recyclable metal dealer or other | 22 | | person who knowingly fails to comply with this Act is guilty
of | 23 | | a Class A misdemeanor for the first offense, and a Class 4 | 24 | | felony for the second or subsequent offense. Each day that any | 25 | | recyclable metal dealer so fails to
comply shall constitute a |
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| 1 | | separate offense. Any metal obtained not in accordance with | 2 | | this Act is subject to immediate forfeiture.
| 3 | | (Source: P.A. 97-923, eff. 1-1-13.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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