Full Text of SB0069 95th General Assembly
SB0069 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0069
Introduced 1/31/2007, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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815 ILCS 325/Act title |
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815 ILCS 325/1 |
from Ch. 121 1/2, par. 321 |
815 ILCS 325/2 |
from Ch. 121 1/2, par. 322 |
815 ILCS 325/3 |
from Ch. 121 1/2, par. 323 |
815 ILCS 325/4.5 new |
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815 ILCS 325/5 |
from Ch. 121 1/2, par. 325 |
815 ILCS 325/7 |
from Ch. 121 1/2, par. 327 |
815 ILCS 325/8 |
from Ch. 121 1/2, par. 328 |
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Amends the Copper Purchase Registration Law. Changes the short title to the Recyclable Metal Purchase Registration Law. Provides that, for each purchase of recyclable metal, a recyclable metal dealer must enter specified information on a form provided by the Department of State Police. Requires the recyclable metal dealer to: copy the seller's drivers license or state-issued identification card; photograph the items of recyclable metal purchased; and photograph the license plate and the side of the vehicle or conveyance on which the recyclable metal was delivered or use a security camera to record the license plate and the side of the vehicle or conveyance. Provides that security camera recordings must be retained for 90 days. Provides for reporting to local law enforcement and changes provisions exempting certain municipalities that provide for the
registration of recyclable metal. Provides that violation of the Act is a Class A misdemeanor for a second offense and a Class 4 felony for a third or subsequent offense.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB0069 |
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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 Copper Purchase Registration Law is amended | 5 |
| by changing the title of the Act and Sections 1, 2, 3, 5, 7, 8, | 6 |
| and by adding Section 4.5 as follows:
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| (815 ILCS 325/Act title)
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| An Act to require the registration
of the purchase of | 9 |
| recyclable metal
copper as herein defined, and providing a | 10 |
| penalty for
the violation thereof.
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| (815 ILCS 325/1) (from Ch. 121 1/2, par. 321)
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| Sec. 1. Short title.
This Act is known and may be cited as | 13 |
| the Recyclable Metal
Copper Purchase Registration
Law.
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| (Source: P.A. 76-1476.)
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| (815 ILCS 325/2) (from Ch. 121 1/2, par. 322)
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| Sec. 2. Definitions.
When used in this Act:
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| "Copper" means any copper, copper alloy or brass bars, | 18 |
| cable, ingots,
rods, tubing, wire, wire scraps, clamps, | 19 |
| connectors or other appurtenances
utilized or that can be | 20 |
| utilized by common carriers or by persons, firms,
corporations | 21 |
| or municipal corporations engaged in either the generation,
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| transmission or distribution of electric energy or in | 2 |
| telephone, telegraph
or other communications;
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| "Recyclable metal" means any metal purchased by a | 4 |
| recyclable metal dealer, irrespective of form or quantity, | 5 |
| except that "recyclable metal" does not include: (i) items | 6 |
| designed to contain, or to be used in the preparation of, | 7 |
| beverages or food for human consumption; (ii) discarded items | 8 |
| of non-commercial or household waste; or (iii) gold, silver, | 9 |
| platinum, and other precious metals used in jewelry.
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| " Recyclable metal
Copper dealer" means any individual, | 11 |
| firm, corporation , or partnership
engaged in the business of | 12 |
| purchasing and reselling recyclable metal
copper either at a
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| permanently established place of business or in connection with | 14 |
| a business
of an itinerant nature, including junk shops, junk | 15 |
| yards, junk stores, auto
wreckers, scrap metal dealers or | 16 |
| processors, salvage yards, collectors of
or dealers in junk , | 17 |
| and junk carts or trucks.
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| (Source: P.A. 76-1476.)
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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 | 21 |
| 5 of this Act , every recyclable metal
copper dealer in this
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| State shall enter on forms provided by the Department of State
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| Police , or such department as may succeed to its functions, for | 24 |
| each
purchase of recyclable metal
copper consisting of 50 | 25 |
| pounds or more the following
information:
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| 1. The name and address of the recyclable metal
copper | 2 |
| 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 | 5 |
| whom the recyclable metal
copper
was purchased , together | 6 |
| with a legible photocopy of the drivers license or other | 7 |
| state-issued identification card for each such person. ;
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| 4. The motor vehicle license number , state of issuance | 9 |
| of the motor vehicle license number, and one or more | 10 |
| photographs showing the license plate and the side of the | 11 |
| vehicle or conveyance on
which the recyclable metal
copper | 12 |
| was delivered to the recyclable metal
copper dealer . The | 13 |
| requirement of one or more photographs showing the license | 14 |
| plate and the side of the vehicle or conveyance on which | 15 |
| the recyclable metal was delivered to the recyclable metal | 16 |
| dealer is deemed to have been met if the recyclable metal | 17 |
| dealer uses a security camera that records both the license | 18 |
| plate and the side view of the vehicle or conveyance on | 19 |
| which the recyclable metal was delivered. ;
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| 5. A description of the recyclable metal
copper | 21 |
| purchased, including the weight and
whether it consists of | 22 |
| bars, cable, ingots, rods, tubing, wire, wire
scraps, | 23 |
| clamps, connectors ,
or other appurtenances , or some | 24 |
| combination
thereof , together with one or more photographs | 25 |
| clearly identifying the individual items purchased .
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| A copy of the completed form shall be kept in a separate |
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| book or
register by the recyclable metal
copper dealer and | 2 |
| shall be retained for a period of 2 years. If a security camera | 3 |
| is used to comply with paragraph 4, the security camera | 4 |
| recordings shall be retained for a period of 90 days. Such book | 5 |
| or register and security camera recordings shall be made | 6 |
| available for inspection by any
law enforcement official or the | 7 |
| representatives of common carriers and
persons, firms, | 8 |
| corporations , or municipal corporations engaged in either
the | 9 |
| generation, transmission , or distribution of electric energy | 10 |
| or engaged
in telephone, telegraph , or other communications, at | 11 |
| any time.
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| (Source: P.A. 94-181, eff. 1-1-06.)
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| (815 ILCS 325/4.5 new)
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| Sec. 4.5. Daily report. | 15 |
| (a) Except as provided in subsection (b) of this Section, | 16 |
| it shall be the duty of every recyclable metal dealer to make | 17 |
| out and deliver to the sheriff of the county in which the | 18 |
| recyclable metal dealer does business, on each day before the | 19 |
| hour of 12 o'clock noon, a legible and exact copy from the | 20 |
| record book or register, as required in Section 3 of this Act, | 21 |
| that lists all recyclable metal purchased during the preceding | 22 |
| day, including all of the information listed on the record of | 23 |
| purchase form for each purchase; provided, that in a | 24 |
| municipality that has an ordinance requiring the reporting of | 25 |
| recyclable metals, a copy of the report shall at the same time |
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| also be delivered to the superintendent of police or the chief | 2 |
| police officer of the municipality. The report may be made by | 3 |
| computer printout or input memory device if the format has been | 4 |
| approved by the local law enforcement agency. | 5 |
| (b) In a county with more than 3,000,000 inhabitants, a | 6 |
| recyclable metal dealer must provide the daily report to the | 7 |
| sheriff only if the recyclable metal dealer is located in an | 8 |
| unincorporated area of the county. Recyclable metal dealers | 9 |
| located in a municipality in such counties must deliver the | 10 |
| reports to the superintendent of police or the chief police | 11 |
| officer of the municipality.
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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 Section 3 of this Act | 14 |
| do not apply to
electrical contractors, to agencies or | 15 |
| instrumentalities of the State of
Illinois or of the United | 16 |
| States, to common carriers ,
or to purchases from
persons, | 17 |
| firms , or corporations regularly engaged in the business of
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| manufacturing recyclable metal
copper , in the business of | 19 |
| selling recyclable metal
copper at retail or
wholesale, or in | 20 |
| the business of razing, demolishing, destroying , or removing
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| buildings, to the purchase by
of one recyclable metal
copper | 22 |
| dealer from another , or the
purchase from persons, firms , or | 23 |
| corporations engaged in either the
generation, transmission , | 24 |
| or distribution of electric energy or in
telephone, telegraph , | 25 |
| and other communications if such common carriers,
persons, |
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| firms , or corporations at the time of the purchase provide the | 2 |
| recyclable metal
copper dealer with a bill of sale or other | 3 |
| written evidence of title to the recyclable metal
copper .
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| (Source: P.A. 94-181, eff. 1-1-06.)
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| (815 ILCS 325/7) (from Ch. 121 1/2, par. 327)
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| Sec. 7. Inapplicability.
This Act does
shall not apply in | 7 |
| any municipality that
which provides for the
registration of | 8 |
| recyclable metal
copper purchased by resolution, ordinance , or | 9 |
| regulation that
which substantially complies with the | 10 |
| substantive provisions of this Act or
any rule or regulation | 11 |
| hereunder with the exception of the penalty provisions . The | 12 |
| fact of such nonapplication shall be
evidenced by a certificate | 13 |
| of exemption issued by the Department of State
Police or such | 14 |
| department as may succeed to its functions,
if it finds
that a | 15 |
| municipal resolution, ordinance , or regulation meeting such
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| requirements is being enforced. The
Such certificate of | 17 |
| exemption shall be
available for inspection in the office of | 18 |
| the municipal clerk. This Act
does not apply in municipalities | 19 |
| with populations of 1,000,000 or over.
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| (Source: P.A. 84-25.)
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| (815 ILCS 325/8) (from Ch. 121 1/2, par. 328)
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| Sec. 8. Penalty.
Any recyclable metal
copper dealer who | 23 |
| knowingly fails to comply with this Act is guilty
of a Class B | 24 |
| misdemeanor for the first offense, a Class A misdemeanor for |
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| the second offense, and a Class 4 felony for the third or | 2 |
| subsequent offense . Each day that any recyclable metal
copper | 3 |
| dealer so fails to
comply shall constitute a separate offense.
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| (Source: P.A. 77-2262.)
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