Please Note: Amendments by 2015 Illinois HB 330, effective January 1, 2016, are included and noted in this summary
"Recyclable Metal" means any copper, brass, or aluminum, or any combination of those metals, purchased by a Dealer, irrespective of form or quantity. Excludes:
Restricted Recyclable Metal, as used in this summary, refers to the following material as listed in 815 ILCS 325/4.1:
Beer Kegs are subject to additional recordkeeping requirements but not defined.
Air conditioner evaporator coils or condensers and copper are subject to payment restrictions but are not defined.
"Recyclable Metal Dealer" means any individual, firm, corporation or partnership engaged in the business of purchasing and reselling Recyclable Metal, whether of a permanent or itinerant nature, including junk shops, junk yards, or junk stores. Excludes automotive parts recyclers, scrap processors, repairers and rebuilders licensed pursuant to 625 ILCS 5/5-301. Recyclable Metal Dealers shall not be engaged in the business of purchasing or reselling vehicles, junk vehicles, vehicle cowls, or essential vehicle parts.
The Recordkeeping and Payment Restrictions provisions do not apply to the following if the Seller provides a bill of sale or other written evidence of title at the time of purchase:
A Dealer must electronically record the following for each purchase of Recyclable Metal:
A Dealer may only purchase Restricted Recyclable Metal if the Dealer also records a copy of the Seller's written documentation reasonably demonstrating that the Seller is the owner or is authorized to sell on the owner's behalf.
A Dealer only purchase a metal beer keg from the beer manufacturer whose identity is displayed on the beer keg or their authorized representative. Whether or not the indicia of ownership is obliterated, unreadable, or missing, the Dealer must also create a proof of ownership record with the following information, verified by the Seller's governmentissued photo ID:
Records must be retained for 3 years after the transaction date; except that:
The electronic recordkeeping system must be available for inspection at any time by:
The representatives of common carriers and persons, firms, corporations, or municipal corporations engaged in:
A Dealer who suspects property it possesses to be lost or stolen must immediately notify the local law enforcement agency with jurisdiction and report the Seller's information
$100 cash threshold for
Payment for such materials with a value exceeding $100 must be by check or money order, payable to the Seller, or to the Seller's company if sold by a business.
Any Dealer or other person who knowingly fails to comply is guilty of the following, with each day constituting a separate offense:
The Illinois Attorney General or State's Attorney for the county where a Dealer is located may initiate an action in the Dealer's county circuit court to prevent the unlawful operation of a Dealer, or to restrain, correct, or abate a violation, or to prevent any illegal act or conduct by the Dealer.
Under 720 ILCS 5/36-1. Seizure, any vessel, vehicle, or aircraft used with the knowledge and consent of the owner in the commission of, or attempt to commit, theft of precious metal or of scrap metal may be seized and delivered to the county sheriff. Within 15 days the sheriff must give notice of seizure by certified mail to each person whose right, title or interest is of record in a state or federal agency, and notify the State's Attorney of the seizure.
The Recyclable Metal Theft Task Force, under the Office of the Secretary of State, will establish a collaborative effort to combat metal theft, assist in developing regional task forces, and consider and develop long term legislative and enforcement solutions. Each year the Task Force will review the effectiveness of its efforts in deterring and investigating the problem of metal theft and in assisting in prosecution, and report its findings and recommendations to the General Assembly and the Governor by October 31 of each year.
The Task Force shall consist of:
The following appointed by the chairperson of the Task Force as selected by the previously listed members:
The law does not apply in municipalities with populations of at least 1 million.
The law does not apply to any municipality that provides for the registration of Recyclable Metal by a resolution, ordinance, or regulation that substantially complies with the law or any corresponding rule or regulation except the Penalty provisions. Such a municipality must receive a certificate of exemption from the State Police and keep it available for inspection in the office of the municipal clerk.
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This summary of State Metals Theft Laws is being viewed on this website under license and is owned and copyrighted by Institute of Scrap Recycling Industries, Inc. ("ISRI"),1615 L Street, N.W., Suite 600, Washington, DC 20036.