815 ILCS 325/3

Current through Public Act 103-1052
Section 815 ILCS 325/3 - [Effective Until 1/1/2025] 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, 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.

815 ILCS 325/3

P.A. 84-25.
Amended by P.A. 102-0906,§ 5, eff. 5/27/2022.
Amended by P.A. 098-0463,§ 540, eff. 8/16/2013.
Amended by P.A. 097-0924,§ 5, eff. 1/1/2013.
Amended by P.A. 097-0923,§ 5, eff. 1/1/2013.
Amended by P.A. 096-0507,§ 5, eff. 8/14/2009.
Amended by P.A. 095-0979,§ 15, eff. 1/2/2009.
Amended by P.A. 094-0181, § 5, eff. 1/1/2006.
This section is set out more than once due to postponed, multiple, or conflicting amendments.