Full Text of HB3825 97th General Assembly
HB3825eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by adding | 5 | | Section 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, | 9 | | without the consent of the owner, he or she knowingly obtains | 10 | | or exerts control over property of the owner or aids or assists | 11 | | in 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 | 17 | | or she, in committing or attempting to commit theft of | 18 | | recyclable metal under subsection (a), knowingly damages or | 19 | | destroys any property of another by removing or damaging | 20 | | recyclable 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 | 22 | | is amended by changing Sections 3, 5, and 8 and by adding | 23 | | Sections 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 | 2 | | 5 of this Act every recyclable metal dealer in this
State shall | 3 | | enter into an electronic record-keeping system or on forms | 4 | | provided by the Department of State
Police or such department | 5 | | as may succeed to its functions, for each
purchase of | 6 | | recyclable metal valued at $100 or more and for each | 7 | | transaction involving the purchase of metal street signs the | 8 | | following
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 | 14 | | sign displaying the name of the street on which it is located | 15 | | and all signs, signals, markings, and other devices placed or | 16 | | erected by authority of a public body or official having | 17 | | jurisdiction, for the purpose of regulating, warning, or | 18 | | guiding traffic. | 19 | | The record of purchase A copy of the completed form shall | 20 | | be kept in a separate book or
register or electronic | 21 | | record-keeping system by the recyclable metal dealer and shall | 22 | | be retained for a period of 3 2 years. Such book or register or | 23 | | electronic record-keeping system shall be made available for | 24 | | inspection by any
law enforcement official or the | 25 | | representatives of common carriers and
persons, firms, | 26 | | corporations or municipal corporations engaged in either
the |
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| 1 | | generation, transmission or distribution of electric energy or | 2 | | engaged
in telephone, telegraph or other communications, at any | 3 | | time.
| 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 | 8 | | attempt to sell, or for any recyclable metal dealer to purchase | 9 | | or 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 | 2 | | written documentation reasonably demonstrating that the seller | 3 | | is the owner of the recyclable metal material or is authorized | 4 | | to sell the material on behalf of the owner. The recyclable | 5 | | metal dealer shall copy any such documentation and maintain it | 6 | | along with the purchase record required by Section 3 of this | 7 | | Act. | 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 | 11 | | any air conditioner evaporator coil or condenser having a value | 12 | | of $100 or more. Payment for these materials must be made as | 13 | | follows: | 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 | 23 | | shall not pay cash in payment for any copper, including copper | 24 | | tubing or wiring, having a value of $100 or more. Payment for |
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| 1 | | these 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 | 12 | | her possession to be lost or stolen, then he or she shall | 13 | | immediately notify the local law enforcement agency having | 14 | | jurisdiction and provide the law enforcement agency with the | 15 | | seller'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 | 18 | | 4.3 Section 3 of this Act do not apply to
electrical | 19 | | contractors, to agencies or instrumentalities of the State of
| 20 | | Illinois or of the United States, to units of local government, | 21 | | their agents or representatives, that have contracted with the | 22 | | recyclable metal dealer in the disposal of its metal street | 23 | | signs, to common carriers or to purchases from
persons, firms | 24 | | or corporations regularly engaged in the business of
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| 1 | | manufacturing recyclable metal, the business of selling | 2 | | recyclable metal at retail or
wholesale, in the business of | 3 | | razing, demolishing, destroying or removing
buildings, to the | 4 | | purchase of one recyclable metal dealer from another or the
| 5 | | purchase from persons, firms or corporations engaged in either | 6 | | the
generation, transmission or distribution of electric | 7 | | energy or in
telephone, telegraph and other communications if | 8 | | such common carriers,
persons, firms or corporations at the | 9 | | time of the purchase provide the recyclable metal
dealer with a | 10 | | bill of sale or other written evidence of title to the | 11 | | recyclable 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 | 15 | | person who knowingly fails to comply with this Act is guilty
of | 16 | | a Class A misdemeanor for the first offense, and a Class 4 | 17 | | felony for the second or subsequent offense. Each day that any | 18 | | recyclable metal dealer so fails to
comply shall constitute a | 19 | | separate offense.
| 20 | | (Source: P.A. 95-979, eff. 1-2-09.)
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