Public Act 102-0906
 
HB0107 EnrolledLRB102 03975 HEP 13991 b


  
    AN ACT concerning transportation.
  
 
    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 2, 3, 4.1, 6.5, and 8 and by 
adding 4.4 as follows:
 



    (815 ILCS 325/2)  (from Ch. 121 1/2, par. 322)


    Sec. 2. Definitions. When used in this Act:

    "Recyclable metal" means any copper, brass, or  aluminum, 
or any combination of those metals, or any catalytic converter 
or its contents purchased by a recyclable metal dealer, 
irrespective of form or quantity,

except that "recyclable 
metal" does not include: (i) items designed to contain, or to 
be used in the preparation of, beverages or food for human 
consumption; (ii) discarded items

of non-commercial or 
household waste; (iii) gold, silver, platinum, and other 
precious metals used in jewelry; or (iv) vehicles, junk 
vehicles, vehicle cowls, or essential vehicle parts.

    "Recyclable metal dealer" means any individual, firm, 
corporation or partnership conducting activity within the 
boundaries of the State of Illinois and
engaged in the 
business of purchasing and reselling recyclable metal either 
at a
permanently established place of business or in 
connection with a business
of an itinerant nature, including 
junk shops, junk yards, or junk stores, except that 
"recyclable metal dealer" does not include automotive parts 
recyclers, scrap processors, repairers and rebuilders licensed 
pursuant to Section 5-301 of the Illinois Vehicle Code.  
Recyclable metal dealers shall not be engaged in the business 
of purchasing or reselling vehicles, junk vehicles, vehicle 
cowls, or essential vehicle parts.

(Source: P.A. 95-979, eff. 1-2-09.)

 



    (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 for 
each
purchase of recyclable metal, a catalytic converter or 
its contents, or recyclable metal containing copper 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, and copy of the license as an 
    automotive parts recycler or scrap processor issued by the 
    Secretary of State of the person or persons from whom the 
    recyclable metal was
 purchased, which shall be verified 
    from a valid driver's license or other government-issued 
    photo identification.  The recyclable metal dealer shall 
    make and record a photocopy or electronic scan of the 
    license as an automotive parts recycler or scrap processor 
    issued by the Secretary of State and driver's license or 
    other government-issued photo identification.  If the 
    person delivering the recyclable metal does not have a 
    valid driver's license or other government-issued photo 
    identification, 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 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;

        6. Photographs or video, or both, of the seller and of 
    the materials as presented on the scale; and 
        7. A declaration signed and dated by the person or 
    persons from whom the recyclable metal was 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.". 
    A copy of the recorded information shall be kept in an 
electronic record-keeping system by the recyclable metal 
dealer. Purchase records shall be retained for a period of 3 
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 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. A recyclable metal dealer must complete and file a 
1099-MISC on behalf of the seller, unless the seller has a 
current license as an automotive parts recycler or scrap 
processor issued by the Secretary of State. 

(Source: P.A. 97-923, eff. 1-1-13; 97-924, eff. 1-1-13; 
98-463, eff. 8-16-13.)

 
    (815 ILCS 325/4.1)
    Sec. 4.1. Restricted purchases.
    (a) It is a violation of this Act for any person to 
possess, purchase, attempt to purchase, 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 or its contents 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. 

(Source: P.A. 97-923, eff. 1-1-13.)
 
    (815 ILCS 325/4.4 new)
    Sec. 4.4. Purchase of a catalytic converter or its 
contents. A recyclable metal dealer shall not pay cash in 
payment for any catalytic converter or its contents having a 
value of $100 or more.
 
    (815 ILCS 325/6.5)
    Sec. 6.5. Recyclable Metal Theft Task Force.
    (a) The Recyclable Metal Theft Task Force is created 
within the Office of the Secretary of State. The Office of the 
Secretary of State shall provide administrative support for 
the Task Force. The Task Force shall consist of the members 
designated in subsections (b) and (c).
    (b) Members of the Task Force representing the State shall 
be appointed as follows:
        (1) Two members of the Senate appointed one each by 
    the President of the Senate and by the Minority Leader of 
    the Senate;
        (2) Two members of the House of Representatives 
    appointed one each by the Speaker of the House of 
    Representatives and by the Minority Leader of the House of 
    Representatives;
        (3) One member representing the Office of the 
    Secretary of State appointed by the Secretary of State; 
    and
        (4) Two members representing the Illinois State Police 
    appointed by the Director of the Illinois State Police, 
    one of whom must represent the State Police Academy.
    (c) The members appointed under subsection (b) shall 
select from their membership a chairperson. The chairperson 
shall appoint the public members of the Task Force as follows:
        (1) One member representing municipalities in this 
    State with consideration given to persons recommended by 
    an organization representing municipalities in this State;
        (2) Five chiefs of police from various geographical 
    areas of the State with consideration given to persons 
    recommended by an organization representing chiefs of 
    police in this State;
        (3) One representative of a public utility 
    headquartered in Illinois;
        (4) One representative of recyclable metal dealers in 
    Illinois;
        (5) One representative of scrap metal suppliers in 
    Illinois;
        (6) One representative of insurance companies offering 
    homeowners insurance in this State; 
        (7) One representative of rural electric cooperatives 
    in Illinois; and
        (8) One representative of a local exchange carrier 
    doing business in Illinois; .
        (9) One representative of automotive recyclers in this 
    State; and
        (10)   One representative of fleet operators in this 
    State. 
    (d) The Task Force shall endeavor to establish a 
collaborative effort to combat recyclable metal theft 
throughout the State and assist in developing regional task 
forces, as determined necessary, to combat recyclable metal 
theft. The Task Force shall consider and develop long-term 
solutions, both legislative and enforcement-driven, for the 
rising problem of recyclable metal thefts in this State.
    (e) Each year, the Task Force shall review the 
effectiveness of its efforts in deterring and  investigating 
the problem of recyclable metal theft and in assisting in the 
prosecution of persons engaged in recyclable metal theft. The 
Task Force shall by October 31 of each year report its findings 
and recommendations to the General Assembly and the Governor.

(Source: P.A. 102-538, eff. 8-20-21.)
 



    (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. Any metal obtained not in accordance with 
this Act is subject to immediate forfeiture.

(Source: P.A. 97-923, eff. 1-1-13.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.