Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Public Act 102-0906


 

Public Act 0906 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0906
 
HB0107 EnrolledLRB102 03975 HEP 13991 b

    AN ACT concerning transportation.
 
    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 2, 3, 4.1, 6.5, and 8 and by
adding 4.4 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, or any catalytic converter
or its contents 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 conducting activity within the
boundaries of the State of Illinois and 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 325/3)  (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 into an electronic record-keeping system for
each purchase of recyclable metal, a catalytic converter or
its contents, or recyclable metal containing copper 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, and copy of the license as an
    automotive parts recycler or scrap processor issued by the
    Secretary of State of the person or persons from whom the
    recyclable metal was purchased, which shall be verified
    from a valid driver's license or other government-issued
    photo identification. The recyclable metal dealer shall
    make and record a photocopy or electronic scan of the
    license as an automotive parts recycler or scrap processor
    issued by the Secretary of State and driver's license or
    other government-issued photo identification. If the
    person delivering the recyclable metal does not have a
    valid driver's license or other government-issued photo
    identification, 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 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;
        6. Photographs or video, or both, of the seller and of
    the materials as presented on the scale; and
        7. A declaration signed and dated by the person or
    persons from whom the recyclable metal was 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.".
    A copy of the recorded information shall be kept in an
electronic record-keeping system by the recyclable metal
dealer. Purchase records shall be retained for a period of 3
years. Photographs shall be retained for a period of 3 months
and video recordings shall be retained for a period of one
month. The electronic record-keeping system 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. A recyclable metal dealer must complete and file a
1099-MISC on behalf of the seller, unless the seller has a
current license as an automotive parts recycler or scrap
processor issued by the Secretary of State.
(Source: P.A. 97-923, eff. 1-1-13; 97-924, eff. 1-1-13;
98-463, eff. 8-16-13.)
 
    (815 ILCS 325/4.1)
    Sec. 4.1. Restricted purchases.
    (a) It is a violation of this Act for any person to
possess, purchase, attempt to purchase, 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.
    (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 325/4.4 new)
    Sec. 4.4. Purchase of a catalytic converter or its
contents. A recyclable metal dealer shall not pay cash in
payment for any catalytic converter or its contents having a
value of $100 or more.
 
    (815 ILCS 325/6.5)
    Sec. 6.5. Recyclable Metal Theft Task Force.
    (a) The Recyclable Metal Theft Task Force is created
within the Office of the Secretary of State. The Office of the
Secretary of State shall provide administrative support for
the Task Force. The Task Force shall consist of the members
designated in subsections (b) and (c).
    (b) Members of the Task Force representing the State shall
be appointed as follows:
        (1) Two members of the Senate appointed one each by
    the President of the Senate and by the Minority Leader of
    the Senate;
        (2) Two members of the House of Representatives
    appointed one each by the Speaker of the House of
    Representatives and by the Minority Leader of the House of
    Representatives;
        (3) One member representing the Office of the
    Secretary of State appointed by the Secretary of State;
    and
        (4) Two members representing the Illinois State Police
    appointed by the Director of the Illinois State Police,
    one of whom must represent the State Police Academy.
    (c) The members appointed under subsection (b) shall
select from their membership a chairperson. The chairperson
shall appoint the public members of the Task Force as follows:
        (1) One member representing municipalities in this
    State with consideration given to persons recommended by
    an organization representing municipalities in this State;
        (2) Five chiefs of police from various geographical
    areas of the State with consideration given to persons
    recommended by an organization representing chiefs of
    police in this State;
        (3) One representative of a public utility
    headquartered in Illinois;
        (4) One representative of recyclable metal dealers in
    Illinois;
        (5) One representative of scrap metal suppliers in
    Illinois;
        (6) One representative of insurance companies offering
    homeowners insurance in this State;
        (7) One representative of rural electric cooperatives
    in Illinois; and
        (8) One representative of a local exchange carrier
    doing business in Illinois; .
        (9) One representative of automotive recyclers in this
    State; and
        (10) One representative of fleet operators in this
    State.
    (d) The Task Force shall endeavor to establish a
collaborative effort to combat recyclable metal theft
throughout the State and assist in developing regional task
forces, as determined necessary, to combat recyclable metal
theft. The Task Force shall consider and develop long-term
solutions, both legislative and enforcement-driven, for the
rising problem of recyclable metal thefts in this State.
    (e) Each year, the Task Force shall review the
effectiveness of its efforts in deterring and investigating
the problem of recyclable metal theft and in assisting in the
prosecution of persons engaged in recyclable metal theft. The
Task Force shall by October 31 of each year report its findings
and recommendations to the General Assembly and the Governor.
(Source: P.A. 102-538, eff. 8-20-21.)
 
    (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, and a Class 4
felony for the second or subsequent offense. Each day that any
recyclable metal dealer so fails to comply shall constitute a
separate offense. Any metal obtained not in accordance with
this Act is subject to immediate forfeiture.
(Source: P.A. 97-923, eff. 1-1-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022