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| Public Act 102-0906 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(815 ILCS 325/2) (from Ch. 121 1/2, par. 322)
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Sec. 2. Definitions. When used in this Act:
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"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.
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"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.
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(Source: P.A. 95-979, eff. 1-2-09.)
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(815 ILCS 325/3) (from Ch. 121 1/2, par. 323)
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Sec. 3. Records of purchases. Except as provided in | ||
Section 5 of this Act every recyclable metal dealer in this
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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:
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1. The name and address of the recyclable metal | ||
dealer;
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2. The date and place of each purchase;
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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;
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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;
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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
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thereof;
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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.
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(Source: P.A. 97-923, eff. 1-1-13; 97-924, eff. 1-1-13; | ||
98-463, eff. 8-16-13.)
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(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.
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(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.
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(Source: P.A. 102-538, eff. 8-20-21.)
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(815 ILCS 325/8) (from Ch. 121 1/2, par. 328)
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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.
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(Source: P.A. 97-923, eff. 1-1-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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