SB0069 95TH GENERAL ASSEMBLY

LRB095 03358 WGH 23767 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0069

Introduced 1/31/2007, by Sen. William R. Haine

SYNOPSIS AS INTRODUCED:

815 ILCS 325/Act title
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
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

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

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 Copper Purchase Registration Law is amended by changing the title of the Act and Sections 1, 2, 3, 5, 7, 8, and by adding Section 4.5 as follows:

(815 ILCS 325/Act title)

An Act to require the registration of the purchase of recyclable metal copper as herein defined, and providing a penalty for the violation thereof.

(815 ILCS 325/1) (from Ch. 121 1/2, par. 321)

Sec. 1. Short title. This Act is known and may be cited as the Recyclable Metal Copper Purchase Registration Law.

(Source: P.A. 76-1476.)

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

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

"Copper" means any copper, copper alloy or brass bars, cable, ingots, rods, tubing, wire, wire scraps, clamps, connectors or other appurtenances utilized or that can be utilized by common carriers or by persons, firms, corporations or municipal corporations engaged in either the generation, transmission or distribution of electric energy or in telephone, telegraph or other communications;

"Recyclable metal" means any metal 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; or (iii) gold, silver, platinum, and other precious metals used in jewelry.

"Recyclable metal Copper dealer" means any individual, firm, corporation, or partnership engaged in the business of purchasing and reselling recyclable metal copper either at a permanently established place of business or in connection with a business of an itinerant nature, including junk shops, junk yards, junk stores, auto wreckers, scrap metal dealers or processors, salvage yards, collectors of or dealers in junk, and junk carts or trucks.

(Source: P.A. 76-1476.)

(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 copper dealer in this State shall enter on forms provided by the Department of State Police, or such department as may succeed to its functions, for each purchase of recyclable metal copper consisting of 50 pounds or more the following information:

1. The name and address of the recyclable metal copper dealer. ;

2. The date and place of each purchase. ;

3. The name and address of the person or persons from whom the recyclable metal copper was purchased, together with a legible photocopy of the drivers license or other state-issued identification card for each such person. ;

4. The motor vehicle license number, state of issuance of the motor vehicle license number, and one or more photographs showing the license plate and the side of the vehicle or conveyance on which the recyclable metal copper was delivered to the recyclable metal copper dealer. The requirement of one or more photographs showing the license plate and the side of the vehicle or conveyance on which the recyclable metal was delivered to the recyclable metal dealer is deemed to have been met if the recyclable metal dealer uses a security camera that records both the license plate and the side view of the vehicle or conveyance on which the recyclable metal was delivered. ;

5. A description of the recyclable metal copper purchased, including the weight and whether it consists of bars, cable, ingots, rods, tubing, wire, wire scraps, clamps, connectors, or other appurtenances, or some combination thereof, together with one or more photographs clearly identifying the individual items purchased.

A copy of the completed form shall be kept in a separate book or register by the recyclable metal copper dealer and shall be retained for a period of 2 years. If a security camera is used to comply with paragraph 4, the security camera recordings shall be retained for a period of 90 days. Such book or register and security camera recordings 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.

(Source: P.A. 94-181, eff. 1-1-06.)

(815 ILCS 325/4.5 new)

Sec. 4.5. Daily report.

(a) Except as provided in subsection (b) of this Section, it shall be the duty of every recyclable metal dealer to make out and deliver to the sheriff of the county in which the recyclable metal dealer does business, on each day before the hour of 12 o'clock noon, a legible and exact copy from the record book or register, as required in Section 3 of this Act, that lists all recyclable metal purchased during the preceding day, including all of the information listed on the record of purchase form for each purchase; provided, that in a municipality that has an ordinance requiring the reporting of recyclable metals, a copy of the report shall at the same time also be delivered to the superintendent of police or the chief police officer of the municipality. The report may be made by computer printout or input memory device if the format has been approved by the local law enforcement agency.

(b) In a county with more than 3,000,000 inhabitants, a recyclable metal dealer must provide the daily report to the sheriff only if the recyclable metal dealer is located in an unincorporated area of the county. Recyclable metal dealers located in a municipality in such counties must deliver the reports to the superintendent of police or the chief police officer of the municipality.

(815 ILCS 325/5) (from Ch. 121 1/2, par. 325)

Sec. 5. Exemptions. The provisions of Section 3 of this Act do not apply to electrical contractors, to agencies or instrumentalities of the State of Illinois or of the United States, to common carriers, or to purchases from persons, firms, or corporations regularly engaged in the business of manufacturing recyclable metal copper, in the business of selling recyclable metal copper at retail or wholesale, or in the business of razing, demolishing, destroying, or removing buildings, to the purchase by of one recyclable metal copper dealer from another, or the 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 copper dealer with a bill of sale or other written evidence of title to the recyclable metal copper.

(Source: P.A. 94-181, eff. 1-1-06.)

(815 ILCS 325/7) (from Ch. 121 1/2, par. 327)

Sec. 7. Inapplicability. This Act does shall not apply in any municipality that which provides for the registration of recyclable metal copper purchased by resolution, ordinance, or regulation that which substantially complies with the substantive provisions of this Act or any rule or regulation hereunder with the exception of the penalty provisions. The fact of such nonapplication shall be evidenced by a certificate of exemption issued by the Department of State Police or such department as may succeed to its functions, if it finds that a municipal resolution, ordinance, or regulation meeting such requirements is being enforced. The Such certificate of exemption shall be available for inspection in the office of the municipal clerk. This Act does not apply in municipalities with populations of 1,000,000 or over.

(Source: P.A. 84-25.)

(815 ILCS 325/8) (from Ch. 121 1/2, par. 328)

Sec. 8. Penalty. Any recyclable metal copper dealer who knowingly fails to comply with this Act is guilty of a Class B misdemeanor for the first offense, a Class A misdemeanor for the second offense, and a Class 4 felony for the third or subsequent offense. Each day that any recyclable metal copper dealer so fails to comply shall constitute a separate offense.

(Source: P.A. 77-2262.)