Bill Text: IL HB0107 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Recyclable Metal Purchase Registration Law. Provides that every recyclable metal dealer in the State shall enter specified information into an electronic record-keeping system for each purchase of recyclable metal, a catalytic converter or its contents, or recyclable metal containing copper (rather than recyclable metal or recyclable metal containing copper). Provides that 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. Provides that it is a violation of the Act for any person to possess, purchase, attempt to purchase, sell or attempt to sell (rather than sell or attempt to sell), or for any recyclable metal dealer to purchase or attempt to purchase, specified materials. Provides that a recyclable metal dealer shall not pay cash in payment for any catalytic converter or its contents having a value of $100 or more. Provides that one representative of automotive recyclers in the State and one representative of fleet operators in the State shall serve on the Recyclable Metal Theft Task Force. Provides that any metal obtained not in accordance with the Act is subject to immediate forfeiture. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 18-2)

Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0906 [HB0107 Detail]

Download: Illinois-2021-HB0107-Chaptered.html

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Public Act 102-0906
HB0107 Enrolled LRB102 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.