Illinois General Assembly - Full Text of Public Act 096-0507
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Public Act 096-0507




Public Act 096-0507
HB0696 Enrolled LRB096 05719 KTG 15786 b

    AN ACT concerning business.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Recyclable Metal Purchase Registration Law
is amended by changing Sections 3 and 5 as follows:
    (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 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 valued at $100 or more and for
each transaction involving the purchase of metal street signs
the following information:
        1. The name and address of the recyclable metal dealer;
        2. The date and place of each purchase;
        3. The name and address of the person or persons from
    whom the recyclable metal or metal street signs were was
    purchased, which shall be verified from a valid driver's
    license or State Identification Card. The recyclable metal
    dealer shall make and record a photocopy or electronic scan
    of the driver's license or State Identification Card. If
    the person delivering the recyclable metal or metal street
    signs does not have a valid driver's license or State
    Identification Card, the recyclable metal dealer shall not
    complete the transaction;
        4. The motor vehicle license number and state of
    issuance of the motor vehicle license number of the vehicle
    or conveyance on which the recyclable metal was delivered
    to the recyclable metal dealer;
        5. A description of the recyclable metal or metal
    street signs purchased, including the weight and whether it
    consists of bars, cable, ingots, rods, tubing, wire, wire
    scraps, clamps, connectors, other appurtenances, or some
    combination thereof; and .
        6. A declaration signed and dated by the person or
    persons from whom the recyclable metal or metal street
    signs were purchased which states the following:
            "I, the undersigned, affirm under penalty of law
        that the property that is subject to this transaction
        is not to the best of my knowledge stolen property."
    For purposes of this Section, "metal street sign" means any
sign displaying the name of the street on which it is located
and all signs, signals, markings, and other devices placed or
erected by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning, or
guiding traffic.
    A copy of the completed form shall be kept in a separate
book or register by the recyclable metal dealer and shall be
retained for a period of 2 years. Such book or register 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; 95-979, eff. 1-2-09.)
    (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 units of local government, their agents or
representatives, that have contracted with the recyclable
metal dealer in the disposal of its metal street signs, to
common carriers or to purchases from persons, firms or
corporations regularly engaged in the business of
manufacturing recyclable metal, the business of selling
recyclable metal at retail or wholesale, in the business of
razing, demolishing, destroying or removing buildings, to the
purchase of one recyclable metal 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 dealer with a
bill of sale or other written evidence of title to the
recyclable metal.
(Source: P.A. 94-181, eff. 1-1-06; 95-979, eff. 1-2-09.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2009