Illinois General Assembly - Full Text of HB0107
Illinois General Assembly

Previous General Assemblies

Full Text of HB0107  102nd General Assembly


Rep. Jaime M. Andrade, Jr.

Filed: 2/22/2022





10200HB0107ham001LRB102 03975 SPS 36796 a


2    AMENDMENT NO. ______. Amend House Bill 107 by replacing
3everything after the enacting clause with the following:
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



10200HB0107ham001- 2 -LRB102 03975 SPS 36796 a

1precious metals used in jewelry; or (iv) vehicles, junk
2vehicles, vehicle cowls, or essential vehicle parts.
3    "Recyclable metal dealer" means any individual, firm,
4corporation or partnership conducting activity within the
5boundaries of the State of Illinois and engaged in the
6business of purchasing and reselling recyclable metal either
7at a permanently established place of business or in
8connection with a business of an itinerant nature, including
9junk shops, junk yards, or junk stores, except that
10"recyclable metal dealer" does not include automotive parts
11recyclers, scrap processors, repairers and rebuilders licensed
12pursuant to Section 5-301 of the Illinois Vehicle Code.
13Recyclable metal dealers shall not be engaged in the business
14of purchasing or reselling vehicles, junk vehicles, vehicle
15cowls, or essential vehicle parts.
16(Source: P.A. 95-979, eff. 1-2-09.)
17    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
18    Sec. 3. Records of purchases. Except as provided in
19Section 5 of this Act every recyclable metal dealer in this
20State shall enter into an electronic record-keeping system for
21each purchase of recyclable metal, a catalytic converter or
22its contents, or recyclable metal containing copper the
23following information:
24        1. The name and address of the recyclable metal
25    dealer;



10200HB0107ham001- 3 -LRB102 03975 SPS 36796 a

1        2. The date and place of each purchase;
2        3. The name, and address, and copy of the license as an
3    automotive parts recycler or scrap processor issued by the
4    Secretary of State of the person or persons from whom the
5    recyclable metal was purchased, which shall be verified
6    from a valid driver's license or other government-issued
7    photo identification. The recyclable metal dealer shall
8    make and record a photocopy or electronic scan of the
9    license as an automotive parts recycler or scrap processor
10    issued by the Secretary of State and driver's license or
11    other government-issued photo identification. If the
12    person delivering the recyclable metal does not have a
13    valid driver's license or other government-issued photo
14    identification, the recyclable metal dealer shall not
15    complete the transaction;
16        4. The motor vehicle license number and state of
17    issuance of the motor vehicle license number of the
18    vehicle or conveyance on which the recyclable metal was
19    delivered to the recyclable metal dealer;
20        5. A description of the recyclable metal purchased,
21    including the weight and whether it consists of bars,
22    cable, ingots, rods, tubing, wire, wire scraps, clamps,
23    connectors, other appurtenances, or some combination
24    thereof;
25        6. Photographs or video, or both, of the seller and of
26    the materials as presented on the scale; and



10200HB0107ham001- 4 -LRB102 03975 SPS 36796 a

1        7. A declaration signed and dated by the person or
2    persons from whom the recyclable metal was purchased which
3    states the following:
4            "I, the undersigned, affirm under penalty of law
5        that the property that is subject to this transaction
6        is not to the best of my knowledge stolen property.".
7    A copy of the recorded information shall be kept in an
8electronic record-keeping system by the recyclable metal
9dealer. Purchase records shall be retained for a period of 3
10years. Photographs shall be retained for a period of 3 months
11and video recordings shall be retained for a period of one
12month. The electronic record-keeping system shall be made
13available for inspection by any law enforcement official or
14the representatives of common carriers and persons, firms,
15corporations or municipal corporations engaged in either the
16generation, transmission or distribution of electric energy or
17engaged in telephone, telegraph or other communications, at
18any time. A recyclable metal dealer must complete and file a
191099-MISC on behalf of the seller, unless the seller has a
20current license as an automotive parts recycler or scrap
21processor issued by the Secretary of State.
22(Source: P.A. 97-923, eff. 1-1-13; 97-924, eff. 1-1-13;
2398-463, eff. 8-16-13.)
24    (815 ILCS 325/4.1)
25    Sec. 4.1. Restricted purchases.



10200HB0107ham001- 5 -LRB102 03975 SPS 36796 a

1    (a) It is a violation of this Act for any person to
2possess, purchase, attempt to purchase, sell or attempt to
3sell, or for any recyclable metal dealer to purchase or
4attempt to purchase, any of the following:
5        (1) materials that are clearly marked as property
6    belonging to a business or someone else other than the
7    seller;
8        (2) property associated with use by governments,
9    utilities, or railroads including, but not limited to,
10    guardrails, manhole covers, electric transmission and
11    distribution equipment, including transformers, grounding
12    straps, wires or poles, historical markers, street signs,
13    traffic signs, sewer grates, or any rail, switch
14    component, spike, angle bar, tie plate, or bolt of the
15    type used in constructing railroad track;
16        (3) cemetery plaques or ornaments; or
17        (4) any catalytic converter or its contents not
18    attached to a motor vehicle at the time of the transaction
19    unless the seller is licensed as an automotive parts
20    recycler or scrap processor.
21    (b) This Section shall not apply when the seller produces
22written documentation reasonably demonstrating that the seller
23is the owner of the recyclable metal material or is authorized
24to sell the material on behalf of the owner. The recyclable
25metal dealer shall copy any such documentation and maintain it
26along with the purchase record required by Section 3 of this



10200HB0107ham001- 6 -LRB102 03975 SPS 36796 a

2(Source: P.A. 97-923, eff. 1-1-13.)
3    (815 ILCS 325/4.4 new)
4    Sec. 4.4. Purchase of a catalytic converter or its
5contents. A recyclable metal dealer shall not pay cash in
6payment for any catalytic converter or its contents having a
7value of $100 or more.
8    (815 ILCS 325/6.5)
9    Sec. 6.5. Recyclable Metal Theft Task Force.
10    (a) The Recyclable Metal Theft Task Force is created
11within the Office of the Secretary of State. The Office of the
12Secretary of State shall provide administrative support for
13the Task Force. The Task Force shall consist of the members
14designated in subsections (b) and (c).
15    (b) Members of the Task Force representing the State shall
16be appointed as follows:
17        (1) Two members of the Senate appointed one each by
18    the President of the Senate and by the Minority Leader of
19    the Senate;
20        (2) Two members of the House of Representatives
21    appointed one each by the Speaker of the House of
22    Representatives and by the Minority Leader of the House of
23    Representatives;
24        (3) One member representing the Office of the



10200HB0107ham001- 7 -LRB102 03975 SPS 36796 a

1    Secretary of State appointed by the Secretary of State;
2    and
3        (4) Two members representing the Illinois State Police
4    appointed by the Director of the Illinois State Police,
5    one of whom must represent the State Police Academy.
6    (c) The members appointed under subsection (b) shall
7select from their membership a chairperson. The chairperson
8shall appoint the public members of the Task Force as follows:
9        (1) One member representing municipalities in this
10    State with consideration given to persons recommended by
11    an organization representing municipalities in this State;
12        (2) Five chiefs of police from various geographical
13    areas of the State with consideration given to persons
14    recommended by an organization representing chiefs of
15    police in this State;
16        (3) One representative of a public utility
17    headquartered in Illinois;
18        (4) One representative of recyclable metal dealers in
19    Illinois;
20        (5) One representative of scrap metal suppliers in
21    Illinois;
22        (6) One representative of insurance companies offering
23    homeowners insurance in this State;
24        (7) One representative of rural electric cooperatives
25    in Illinois; and
26        (8) One representative of a local exchange carrier



10200HB0107ham001- 8 -LRB102 03975 SPS 36796 a

1    doing business in Illinois; .
2        (9) One representative of automotive recyclers in this
3    State; and
4        (10) One representative of fleet operators in this
5    State.
6    (d) The Task Force shall endeavor to establish a
7collaborative effort to combat recyclable metal theft
8throughout the State and assist in developing regional task
9forces, as determined necessary, to combat recyclable metal
10theft. The Task Force shall consider and develop long-term
11solutions, both legislative and enforcement-driven, for the
12rising problem of recyclable metal thefts in this State.
13    (e) Each year, the Task Force shall review the
14effectiveness of its efforts in deterring and investigating
15the problem of recyclable metal theft and in assisting in the
16prosecution of persons engaged in recyclable metal theft. The
17Task Force shall by October 31 of each year report its findings
18and recommendations to the General Assembly and the Governor.
19(Source: P.A. 102-538, eff. 8-20-21.)
20    (815 ILCS 325/8)  (from Ch. 121 1/2, par. 328)
21    Sec. 8. Penalty. Any recyclable metal dealer or other
22person who knowingly fails to comply with this Act is guilty of
23a Class A misdemeanor for the first offense, and a Class 4
24felony for the second or subsequent offense. Each day that any
25recyclable metal dealer so fails to comply shall constitute a



10200HB0107ham001- 9 -LRB102 03975 SPS 36796 a

1separate offense. Any metal obtained not in accordance with
2this Act is subject to immediate forfeiture.
3(Source: P.A. 97-923, eff. 1-1-13.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".