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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 Criminal Code of 1961 is amended by adding
5Section 16-23 as follows:
6    (720 ILCS 5/16-23 new)
7    Sec. 16-23. Theft of recyclable metal.
8    (a) A person commits theft of recyclable metal when,
9without the consent of the owner, he or she knowingly obtains
10or exerts control over property of the owner or aids or assists
11in obtaining or exerting control over property of the owner:
12        (1) consisting of any recyclable metal as defined in
13    Section 2 of the Recyclable Metal Purchase Registration
14    Law; and
15        (2) which is manufactured, sold, or used as:
16            (A) telegraph, telephone, cable
17        telecommunications, or electric transmission or
18        distribution equipment including, but not limited to,
19        wires, transformers, grounds, grounding straps or
20        wire, poles, pedestals, or underground equipment;
21            (B) telephone, cable telecommunications, or
22        electric power line equipment;
23            (C) a wire or fiber insulator, power supply,



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1        transformer, grounding system, transmission or other
2        apparatus, equipment or fixture used in the
3        transmission of telegraph, telephone, cable
4        telecommunications, or electrical power service;
5            (D) equipment related to wireless communications
6        regulated by the Federal Communications Commission;
7            (E) a fire hydrant, gutter, downspout, plumbing
8        pipe, or plumbing fixture;
9            (F) an irrigation unit including a cable, pump, or
10        power supply;
11            (G) a heating, ventilation, or air conditioning
12        unit or system, or any component of a heating,
13        ventilation, or air conditioning unit or system; or
14            (H) a guardrail, manhole cover, historical marker,
15        or cemetery plaque.
16    (b) A person also commits theft of recyclable metal when he
17or she, in committing or attempting to commit theft of
18recyclable metal under subsection (a), knowingly damages or
19destroys any property of another by removing or damaging
20recyclable metal components of that property.
21    (c) Sentence.
22        (1) Theft of recyclable metal not exceeding $500 in
23    value is a Class 4 felony.
24        (2) Theft of recyclable metal not exceeding $500 in
25    value if the theft was committed in a school or place of
26    worship or if the theft was of governmental property is a



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1    Class 3 felony.
2        (3) Theft of recyclable metal exceeding $500 and not
3    exceeding $10,000 in value, is a Class 2 felony.
4        (4) Theft of recyclable metal exceeding $500 in value
5    if the theft was committed in a school or place of worship
6    or if the theft was of governmental property is a Class 1
7    felony.
8        (5) Theft of recyclable metal exceeding $10,000 in
9    value is a Class 1 felony.
10        (6) For the purpose of this Section, "value" means the
11    sum of:
12            (A) the fair market value of any recyclable metal
13        unlawfully obtained or controlled under subsection (a)
14        of this Section;
15            (B) the fair market value of any property damaged
16        or destroyed under subsection (b) of this Section; and
17            (C) the cost of restoring electric, water, gas, or
18        other utility service if the theft of recyclable metal
19        proximately causes an interruption in the utility
20        service.
21    Section 10. The Recyclable Metal Purchase Registration Law
22is amended by changing Sections 3, 5, and 8 and by adding
23Sections 4.1, 4.2, 4.3, and 4.6 as follows:
24    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)



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1    Sec. 3. Records of purchases. Except as provided in Section
25 of this Act every recyclable metal dealer in this State shall
3enter into an electronic record-keeping system or on forms
4provided by the Department of State Police or such department
5as may succeed to its functions, for each purchase of
6recyclable metal valued at $100 or more and for each
7transaction involving the purchase of metal street signs the
8following information:
9        1. The name and address of the recyclable metal dealer;
10        2. The date and place of each purchase;
11        3. The name and address of the person or persons from
12    whom the recyclable metal was or metal street signs were
13    purchased, which shall be verified from a valid driver's
14    license or other government-issued photo identification
15    State Identification Card. The recyclable metal dealer
16    shall make and record a photocopy or electronic scan of the
17    driver's license or other government-issued photo
18    identification State Identification Card. If the person
19    delivering the recyclable metal or metal street signs does
20    not have a valid driver's license or other
21    government-issued photo identification State
22    Identification Card, the recyclable metal dealer shall not
23    complete the transaction;
24        4. The motor vehicle license number and state of
25    issuance of the motor vehicle license number of the vehicle
26    or conveyance on which the recyclable metal was delivered



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1    to the recyclable metal dealer;
2        5. A description of the recyclable metal or metal
3    street signs purchased, including the weight and whether it
4    consists of bars, cable, ingots, rods, tubing, wire, wire
5    scraps, clamps, connectors, other appurtenances, or some
6    combination thereof; and
7        6. A declaration signed and dated by the person or
8    persons from whom the recyclable metal was or metal street
9    signs were purchased which states the following:
10            "I, the undersigned, affirm under penalty of law
11        that the property that is subject to this transaction
12        is not to the best of my knowledge stolen property."
13    For purposes of this Section, "metal street sign" means any
14sign displaying the name of the street on which it is located
15and all signs, signals, markings, and other devices placed or
16erected by authority of a public body or official having
17jurisdiction, for the purpose of regulating, warning, or
18guiding traffic.
19    The record of purchase A copy of the completed form shall
20be kept in a separate book or register or electronic
21record-keeping system by the recyclable metal dealer and shall
22be retained for a period of 3 2 years. Such book or register or
23electronic record-keeping system shall be made available for
24inspection by any law enforcement official or the
25representatives of common carriers and persons, firms,
26corporations or municipal corporations engaged in either the



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1generation, transmission or distribution of electric energy or
2engaged in telephone, telegraph or other communications, at any
4(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
5    (815 ILCS 325/4.1 new)
6    Sec. 4.1. Restricted purchases.
7    (a) It is a violation of this Act for any person to sell or
8attempt to sell, or for any recyclable metal dealer to purchase
9or attempt to purchase, any of the following:
10        (1) materials that are clearly marked as property
11    belonging to a business or someone else other than the
12    seller;
13        (2) property associated with use by governments,
14    utilities, or railroads including, but not limited to,
15    guardrails, manhole covers, electric transmission and
16    distribution equipment, including transformers, grounding
17    straps, wire or poles, historical markers, street signs,
18    traffic signs, sewer grates, or any rail, switch component,
19    spike, angle bar, tie plate, or bolt of the type used in
20    constructing railroad track;
21        (3) cemetery plaques or ornaments; or
22        (4) any catalytic converter not attached to a motor
23    vehicle at the time of the transaction unless the seller is
24    licensed as an automotive parts recycler, scrap processor,
25    repairer, or rebuilder under the Illinois Vehicle Code.



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1    (b) This Section shall not apply when the seller produces
2written documentation reasonably demonstrating that the seller
3is the owner of the recyclable metal material or is authorized
4to sell the material on behalf of the owner. The recyclable
5metal dealer shall copy any such documentation and maintain it
6along with the purchase record required by Section 3 of this
8    (815 ILCS 325/4.2 new)
9    Sec. 4.2. Purchases of HVAC recyclable metal.
10    A recyclable metal dealer shall not pay cash in payment for
11any air conditioner evaporator coil or condenser having a value
12of $100 or more. Payment for these materials must be made as
14        (1) by check or money order;
15        (2) the payee on the check or money order shall be the
16    same person as the seller who conducted the transaction;
17        (3) if the seller is a business, then the recyclable
18    metal dealer shall make the check or money order payable to
19    the company, and not to any individual employee or agent of
20    the company.
21    (815 ILCS 325/4.3 new)
22    Sec. 4.3. Purchases of copper. A recyclable metal dealer
23shall not pay cash in payment for any copper, including copper
24tubing or wiring, having a value of $100 or more. Payment for



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1these materials must be made as follows:
2        (1) by check or money order;
3        (2) the payee on the check or money order shall be the
4    same person as the seller who conducted the transaction;
5        (3) if the seller is a business, then the recyclable
6    metal dealer shall make the check or money order payable to
7    the company, and not to any individual employee or agent of
8    the company.
9    (815 ILCS 325/4.6 new)
10    Sec. 4.6. Lost or stolen metals.
11    If a recyclable metal dealer suspects property in his or
12her possession to be lost or stolen, then he or she shall
13immediately notify the local law enforcement agency having
14jurisdiction and provide the law enforcement agency with the
15seller's information.
16    (815 ILCS 325/5)  (from Ch. 121 1/2, par. 325)
17    Sec. 5. Exemptions. The provisions of Sections 3, 4.2, and
184.3 Section 3 of this Act do not apply to electrical
19contractors, to agencies or instrumentalities of the State of
20Illinois or of the United States, to units of local government,
21their agents or representatives, that have contracted with the
22recyclable metal dealer in the disposal of its metal street
23signs, to common carriers or to purchases from persons, firms
24or corporations regularly engaged in the business of



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1manufacturing recyclable metal, the business of selling
2recyclable metal at retail or wholesale, in the business of
3razing, demolishing, destroying or removing buildings, to the
4purchase of one recyclable metal dealer from another or the
5purchase from persons, firms or corporations engaged in either
6the generation, transmission or distribution of electric
7energy or in telephone, telegraph and other communications if
8such common carriers, persons, firms or corporations at the
9time of the purchase provide the recyclable metal dealer with a
10bill of sale or other written evidence of title to the
11recyclable metal.
12(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)
13    (815 ILCS 325/8)  (from Ch. 121 1/2, par. 328)
14    Sec. 8. Penalty. Any recyclable metal dealer or other
15person who knowingly fails to comply with this Act is guilty of
16a Class A misdemeanor for the first offense, and a Class 4
17felony for the second or subsequent offense. Each day that any
18recyclable metal dealer so fails to comply shall constitute a
19separate offense.
20(Source: P.A. 95-979, eff. 1-2-09.)