HB4943 104TH GENERAL ASSEMBLY

LRB104 19459 RLC 32907 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4943

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

815 ILCS 325/2	from Ch. 121 1/2, par. 322
815 ILCS 325/4.1
815 ILCS 325/6.5

Amends the Recyclable Metal Purchase Registration Law. Provides that it is a violation of the 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, telecommunications wire in any amount unless the seller is an authorized agent, a representative or employee of a licensed contractor of a public utility, a provider of telecommunications services, as described in the Public Utilities Act, or a provider of broadband service, interconnected VoIP services, or wireless services, as described in the Public Utilities Act. Provides that the Recyclable Metal Theft Task Force shall review the effectiveness of its efforts in deterring and investigating the problem of recyclable metal theft specific to telecommunications wires, burned wire, and any other equipment used to provide (i) telecommunications services, as described in the Public Utilities Act, or (ii) broadband service, interconnected VoIP services, or wireless services, as described in the Public Utilities Act. Provides that the Task Force shall consider and develop long-term solutions, both legislative and enforcement-driven, for the rising problem of theft of these wires and equipment in this State. Provides that the Task Force shall be composed of one representative of a wireless telecommunications carrier. Provides that the Task Force shall, by October 31 of each year, report its findings and recommendations to the General Assembly and the Governor. Changes the definition of the term "recyclable metal". Defines the terms "burned wire" and "telecommunications wire".

A BILL FOR

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 2, 4.1, and 6.5 as follows:

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

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

"Burned wire" means any coated metal wire that has been smelted, burned, or melted, thereby removing the protective coating or the manufacturer's or owner's identifying marks.

"Catalytic converter" means a post-combustion device that oxidizes hydrocarbons and carbon monoxide gases or reduces oxides of nitrogen and that is designed or intended for use as part of an emission control system. As used in this Section, "catalytic converter" includes nonferrous parts, including rhodium, platinum, and palladium.

"Detached catalytic converter" means a catalytic converter that was previously installed on a motor vehicle and subsequently removed.

"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" includes copper, brass, aluminum, or any combination of those metals found in telecommunications wire or in any other equipment used to provide (i) telecommunications services, as described in Section 13-203 of the Public Utilities Act, or (ii) broadband service, interconnected VoIP services, or wireless services, as described in Section 13-804 of the Public Utilities Act.

"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.

"Telecommunications wire" means (i) wire used in a wireline communications network facility or (ii) wire used in a wireless communications network facility, fiber, copper cable sheathed, or twisted-pair wire without sheathing. "Telecommunications wire" includes tower, antennae, buss bar, copper ground support structures, burned wire, and all associated aerial or ground-based cable lines or equipment used as part of a telecommunications or broadband network.

(Source: P.A. 102-906, eff. 5-27-22; 103-677, eff. 1-1-25.)

(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; or .

(5) telecommunications wire in any amount unless the seller is an authorized agent, a representative or employee of a licensed contractor of a public utility, a provider of telecommunications services as described in Section 13-203 of the Public Utilities Act, or a provider of broadband service, interconnected VoIP services, or wireless services as described in Section 13-804 of the Public Utilities Act.

(b) (Blank).

(Source: P.A. 102-906, eff. 5-27-22; 103-677, eff. 1-1-25.)

(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;

(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; and .

(11) One representative of a wireless telecommunications carrier.

(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.

(f) The Task Force shall review the effectiveness of its efforts in deterring and investigating the problem of recyclable metal theft specific to telecommunications wires, burned wire, and any other equipment used to provide (i) telecommunications services, as described in Section 13-203 of the Public Utilities Act, or (ii) broadband service, interconnected VoIP services, or wireless services, as described in Section 13-804 of the Public Utilities Act. The Task Force shall consider and develop long-term solutions, both legislative and enforcement-driven, for the rising problem of theft of these wires and equipment in this State. 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; 102-906, eff. 5-27-22.)