Illinois General Assembly - Full Text of HB0107
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Full Text of HB0107  102nd General Assembly

HB0107enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0107 EnrolledLRB102 03975 HEP 13991 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Recyclable Metal Purchase Registration Law
5is amended by changing Sections 2, 3, 4.1, 6.5, and 8 and by
6adding 4.4 as follows:
 
7    (815 ILCS 325/2)  (from Ch. 121 1/2, par. 322)
8    Sec. 2. Definitions. When used in this Act:
9    "Recyclable metal" means any copper, brass, or aluminum,
10or any combination of those metals, or any catalytic converter
11or its contents purchased by a recyclable metal dealer,
12irrespective of form or quantity, except that "recyclable
13metal" does not include: (i) items designed to contain, or to
14be used in the preparation of, beverages or food for human
15consumption; (ii) discarded items of non-commercial or
16household waste; (iii) gold, silver, platinum, and other
17precious metals used in jewelry; or (iv) vehicles, junk
18vehicles, vehicle cowls, or essential vehicle parts.
19    "Recyclable metal dealer" means any individual, firm,
20corporation or partnership conducting activity within the
21boundaries of the State of Illinois and engaged in the
22business of purchasing and reselling recyclable metal either
23at a permanently established place of business or in

 

 

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1connection with a business of an itinerant nature, including
2junk shops, junk yards, or junk stores, except that
3"recyclable metal dealer" does not include automotive parts
4recyclers, scrap processors, repairers and rebuilders licensed
5pursuant to Section 5-301 of the Illinois Vehicle Code.
6Recyclable metal dealers shall not be engaged in the business
7of purchasing or reselling vehicles, junk vehicles, vehicle
8cowls, or essential vehicle parts.
9(Source: P.A. 95-979, eff. 1-2-09.)
 
10    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
11    Sec. 3. Records of purchases. Except as provided in
12Section 5 of this Act every recyclable metal dealer in this
13State shall enter into an electronic record-keeping system for
14each purchase of recyclable metal, a catalytic converter or
15its contents, or recyclable metal containing copper the
16following information:
17        1. The name and address of the recyclable metal
18    dealer;
19        2. The date and place of each purchase;
20        3. The name, and address, and copy of the license as an
21    automotive parts recycler or scrap processor issued by the
22    Secretary of State of the person or persons from whom the
23    recyclable metal was purchased, which shall be verified
24    from a valid driver's license or other government-issued
25    photo identification. The recyclable metal dealer shall

 

 

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1    make and record a photocopy or electronic scan of the
2    license as an automotive parts recycler or scrap processor
3    issued by the Secretary of State and driver's license or
4    other government-issued photo identification. If the
5    person delivering the recyclable metal does not have a
6    valid driver's license or other government-issued photo
7    identification, the recyclable metal dealer shall not
8    complete the transaction;
9        4. The motor vehicle license number and state of
10    issuance of the motor vehicle license number of the
11    vehicle or conveyance on which the recyclable metal was
12    delivered to the recyclable metal dealer;
13        5. A description of the recyclable metal purchased,
14    including the weight and whether it consists of bars,
15    cable, ingots, rods, tubing, wire, wire scraps, clamps,
16    connectors, other appurtenances, or some combination
17    thereof;
18        6. Photographs or video, or both, of the seller and of
19    the materials as presented on the scale; and
20        7. A declaration signed and dated by the person or
21    persons from whom the recyclable metal was purchased which
22    states the following:
23            "I, the undersigned, affirm under penalty of law
24        that the property that is subject to this transaction
25        is not to the best of my knowledge stolen property.".
26    A copy of the recorded information shall be kept in an

 

 

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1electronic record-keeping system by the recyclable metal
2dealer. Purchase records shall be retained for a period of 3
3years. Photographs shall be retained for a period of 3 months
4and video recordings shall be retained for a period of one
5month. The electronic record-keeping system shall be made
6available for inspection by any law enforcement official or
7the representatives of common carriers and persons, firms,
8corporations or municipal corporations engaged in either the
9generation, transmission or distribution of electric energy or
10engaged in telephone, telegraph or other communications, at
11any time. A recyclable metal dealer must complete and file a
121099-MISC on behalf of the seller, unless the seller has a
13current license as an automotive parts recycler or scrap
14processor issued by the Secretary of State.
15(Source: P.A. 97-923, eff. 1-1-13; 97-924, eff. 1-1-13;
1698-463, eff. 8-16-13.)
 
17    (815 ILCS 325/4.1)
18    Sec. 4.1. Restricted purchases.
19    (a) It is a violation of this Act for any person to
20possess, purchase, attempt to purchase, sell or attempt to
21sell, or for any recyclable metal dealer to purchase or
22attempt to purchase, any of the following:
23        (1) materials that are clearly marked as property
24    belonging to a business or someone else other than the
25    seller;

 

 

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1        (2) property associated with use by governments,
2    utilities, or railroads including, but not limited to,
3    guardrails, manhole covers, electric transmission and
4    distribution equipment, including transformers, grounding
5    straps, wires or poles, historical markers, street signs,
6    traffic signs, sewer grates, or any rail, switch
7    component, spike, angle bar, tie plate, or bolt of the
8    type used in constructing railroad track;
9        (3) cemetery plaques or ornaments; or
10        (4) any catalytic converter or its contents not
11    attached to a motor vehicle at the time of the transaction
12    unless the seller is licensed as an automotive parts
13    recycler or scrap processor.
14    (b) This Section shall not apply when the seller produces
15written documentation reasonably demonstrating that the seller
16is the owner of the recyclable metal material or is authorized
17to sell the material on behalf of the owner. The recyclable
18metal dealer shall copy any such documentation and maintain it
19along with the purchase record required by Section 3 of this
20Act.
21(Source: P.A. 97-923, eff. 1-1-13.)
 
22    (815 ILCS 325/4.4 new)
23    Sec. 4.4. Purchase of a catalytic converter or its
24contents. A recyclable metal dealer shall not pay cash in
25payment for any catalytic converter or its contents having a

 

 

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1value of $100 or more.
 
2    (815 ILCS 325/6.5)
3    Sec. 6.5. Recyclable Metal Theft Task Force.
4    (a) The Recyclable Metal Theft Task Force is created
5within the Office of the Secretary of State. The Office of the
6Secretary of State shall provide administrative support for
7the Task Force. The Task Force shall consist of the members
8designated in subsections (b) and (c).
9    (b) Members of the Task Force representing the State shall
10be appointed as follows:
11        (1) Two members of the Senate appointed one each by
12    the President of the Senate and by the Minority Leader of
13    the Senate;
14        (2) Two members of the House of Representatives
15    appointed one each by the Speaker of the House of
16    Representatives and by the Minority Leader of the House of
17    Representatives;
18        (3) One member representing the Office of the
19    Secretary of State appointed by the Secretary of State;
20    and
21        (4) Two members representing the Illinois State Police
22    appointed by the Director of the Illinois State Police,
23    one of whom must represent the State Police Academy.
24    (c) The members appointed under subsection (b) shall
25select from their membership a chairperson. The chairperson

 

 

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1shall appoint the public members of the Task Force as follows:
2        (1) One member representing municipalities in this
3    State with consideration given to persons recommended by
4    an organization representing municipalities in this State;
5        (2) Five chiefs of police from various geographical
6    areas of the State with consideration given to persons
7    recommended by an organization representing chiefs of
8    police in this State;
9        (3) One representative of a public utility
10    headquartered in Illinois;
11        (4) One representative of recyclable metal dealers in
12    Illinois;
13        (5) One representative of scrap metal suppliers in
14    Illinois;
15        (6) One representative of insurance companies offering
16    homeowners insurance in this State;
17        (7) One representative of rural electric cooperatives
18    in Illinois; and
19        (8) One representative of a local exchange carrier
20    doing business in Illinois; .
21        (9) One representative of automotive recyclers in this
22    State; and
23        (10) One representative of fleet operators in this
24    State.
25    (d) The Task Force shall endeavor to establish a
26collaborative effort to combat recyclable metal theft

 

 

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1throughout the State and assist in developing regional task
2forces, as determined necessary, to combat recyclable metal
3theft. The Task Force shall consider and develop long-term
4solutions, both legislative and enforcement-driven, for the
5rising problem of recyclable metal thefts in this State.
6    (e) Each year, the Task Force shall review the
7effectiveness of its efforts in deterring and investigating
8the problem of recyclable metal theft and in assisting in the
9prosecution of persons engaged in recyclable metal theft. The
10Task Force shall by October 31 of each year report its findings
11and recommendations to the General Assembly and the Governor.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
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. Any metal obtained not in accordance with
20this Act is subject to immediate forfeiture.
21(Source: P.A. 97-923, eff. 1-1-13.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.