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Public Act 097-0923
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| HB3825 Enrolled | LRB097 13574 AEK 58101 b |
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(815 ILCS 325/3) (from Ch. 121 1/2, par. 323)
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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:
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1. The name and address of the recyclable metal dealer;
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2. The date and place of each purchase;
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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 |
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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;
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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;
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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
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scraps, clamps, connectors, other appurtenances, or some |
combination
thereof; and
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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 |
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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
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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.
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(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
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(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 |
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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.
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(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 |
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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.
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(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.
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(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 |
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enforcement agency having jurisdiction and provide the law |
enforcement agency with the seller's information.
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(815 ILCS 325/5) (from Ch. 121 1/2, par. 325)
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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
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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
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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
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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.
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(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
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(815 ILCS 325/8) (from Ch. 121 1/2, par. 328)
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