HB0106ham001 102ND GENERAL ASSEMBLY

Rep. Jaime M. Andrade, Jr.

Filed: 3/22/2021

10200HB0106ham001 LRB102 03976 JLS 23350 a

AMENDMENT TO HOUSE BILL 106

AMENDMENT NO. ______. Amend House Bill 106 by replacing everything after the enacting clause with the following:

"Section 5. The Recyclable Metal Purchase Registration Law is amended by changing Sections 2, 4.1, 8, and 9 as follows:

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

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

"Recyclable metal" means any copper, brass, or aluminum, or any combination of those metals, any catalytic converter or its contents, or any aluminum wheel or steel wheel 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 dealer" means any individual, firm, corporation or partnership 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.

(Source: P.A. 95-979, eff. 1-2-09.)

(815 ILCS 325/4.1)

Sec. 4.1. Restricted purchases.

(a) It is a violation of this Act for any person to 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) any aluminum or steel wheel not attached to a motor vehicle unless the seller is licensed as an automotive parts recycler or scrap processor.

(b) This Section shall not apply when the seller produces written documentation reasonably demonstrating that the seller is the owner of the recyclable metal material or is authorized to sell the material on behalf of the owner. The recyclable metal dealer shall copy any such documentation and maintain it along with the purchase record required by Section 3 of this Act.

(Source: P.A. 97-923, eff. 1-1-13.)

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

Sec. 8. Penalty. Any recyclable metal dealer or other person who knowingly fails to comply with this Act is guilty of a Class A misdemeanor for the first offense along with a fine of $1,000 or the value of the metal, whichever is greater, , and a Class 4 felony for the second or subsequent offense along with a fine of $5,000 or 3 times the value of the metal, whichever is greater. Each day that any recyclable metal dealer so fails to comply shall constitute a separate offense.

(Source: P.A. 97-923, eff. 1-1-13.)

(815 ILCS 325/9)

Sec. 9. Injunctions. The Illinois Attorney General, Department of Revenue, or the State's Attorney for the county in which the recyclable metal dealer is located may initiate an appropriate action in the circuit court of the county in which a recyclable metal dealer is located to prevent the unlawful operation of a recyclable metal dealer, or to restrain, correct, or abate a violation of this Act, or to prevent any illegal act or conduct by the recyclable metal dealer.

(Source: P.A. 95-979, eff. 1-2-09.)".