(815 ILCS 325/3)
(from Ch. 121 1/2, par. 323)
(Text of Section from P.A. 97-923)
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 the following information:
1. The name and address of the recyclable metal
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2. The date and place of each purchase;
3. The name and address 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 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 thereof; |
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6. Photographs or video, or both, of the seller and |
| of the materials as presented on the scale; and |
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7. A declaration signed and dated by the person or |
| persons from whom the recyclable metal was purchased which states the following: |
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"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.". |
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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.
(Source: P.A. 96-507, eff. 8-14-09; 97-923, eff. 1-1-13.)
(Text of Section from P.A. 97-924)
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 or recyclable metal containing copper the following information:
1. The name and address of the recyclable metal |
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2. The date and place of each purchase;
3. The name and address of the person or persons |
| from whom the recyclable metal 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; |
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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 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 |
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6. A declaration signed and dated by the person or |
| persons from whom the recyclable metal or metal street signs were purchased which states the following: |
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"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." |
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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 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.
(Source: P.A. 96-507, eff. 8-14-09; 97-924, eff. 1-1-13.) |
(815 ILCS 325/4.1)
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
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| belonging to a business or someone else other than the seller; |
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(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; |
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(3) cemetery plaques or ornaments; or
(4) any catalytic converter 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. |
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(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.) |