HB3825 97TH GENERAL ASSEMBLY

LRB097 13574 AEK 58101 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3825

Introduced 10/5/2011, by Rep. Michael Unes

SYNOPSIS AS INTRODUCED:

815 ILCS 325/3	from Ch. 121 1/2, par. 323
815 ILCS 325/4.1 new
815 ILCS 325/4.2 new
815 ILCS 325/4.3 new
815 ILCS 325/4.6 new
815 ILCS 325/8	from Ch. 121 1/2, par. 328

Amends the Recyclable Metal Purchase Registration Law. Provides that all purchases of recyclable metal must be recorded as provided in the Act, instead of only purchases of recyclable metal with a minimum value of $100. Provides that recyclable metal dealers must retain transaction records for 3 instead of 2 years. Requires dealers to ask about where the recyclable metal was obtained. Requires a recyclable metal dealer that suspects property in his or her possession to be lost or stolen to immediately notify local law enforcement. Restricts the purchase and sale of specific materials without documentation of ownership. Provides that recyclable metal dealers cannot pay cash, nor make payment at the time of the transaction, for specified metals. Provides that it is a violation of the Act for a recyclable metal dealer to purchase or attempt to purchase recyclable metal from persons convicted of specified felonies, when the dealer has been informed of such convictions by law enforcement. Provides that any person, in addition to a recyclable metal dealer, who knowingly fails to comply with the Act is guilty of a Class A misdemeanor for the first offense, and a Class 4 felony for the second or subsequent offense.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 8 and by adding Sections 4.1, 4.2, 4.3, and 4.6 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 was or metal street signs were 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 was 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 3 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.

In every transaction, a recyclable metals dealer shall inquire as to where the recyclable metal was obtained for the purpose of determining whether the seller is in lawful possession of the recyclable metal. If the seller presents a bill of sale, receipt, or other document indicating that he or she is in lawful possession of the recyclable metal, then the recyclable metal dealer shall copy such document and maintain it along with the purchase record required by this Section.

(Source: P.A. 95-979, eff. 1-2-09; 96-507, eff. 8-14-09.)

(815 ILCS 325/4.1 new)

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, cables used only in high-voltage transmission lines, historical markers, street signs, traffic signs, and sewer grates; or

(3) cemetery plaques.

(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.

(815 ILCS 325/4.2 new)

Sec. 4.2. Purchases of HVAC recyclable metal.

A recyclable metal dealer shall not pay cash, nor shall the dealer make payment at the time of the transaction, in payment for any air conditioner evaporator coil or condenser. Payment for air conditioner evaporator coil or condenser must be made as follows:

(a) by check or money order, after a period of 3 business days from the date of the transaction;

(b) the payee on the check or money order shall be the same person as the seller who conducted the transaction;

(c) if the seller is a business, then the recyclable metal dealer shall make the check or money order payable to the company, and not to any individual employee or agent of the company.

(815 ILCS 325/4.3 new)

Sec. 4.3. Purchases of copper; catalytic converters.

A recyclable metal dealer shall not pay cash, nor shall the dealer make payment at the time of the transaction, in payment for any copper, including copper tubing or wiring, or catalytic converters. Payment for these materials must be made as follows:

(a) by check or money order, after a period of 3 business days from the date of the transaction;

(b) the payee on the check or money order shall be the same person as the seller who conducted the transaction;

(c) if the seller is a business, then the recyclable metal dealer shall make the check or money order payable to the company, and not to any individual employee or agent of the company.

(815 ILCS 325/4.6 new)

Sec. 4.6. Lost or stolen metals.

If a recyclable metal dealer suspects property in his or her possession to be lost or stolen, then he or she shall immediately notify the local law enforcement agency having jurisdiction and provide the law enforcement agency with the seller's information.

It is a violation of this Act for a recyclable metal dealer to purchase or attempt to purchase recyclable metal from any person who the dealer has been informed by law enforcement has been convicted during the previous 10 years of a felony violation of: the Illinois Controlled Substances Act, the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, or Article 16, 18, or 19 of the Criminal Code of 1961.

(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.

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