Public Act 103-0677
 
HB4589 EnrolledLRB103 37108 MXP 67227 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    (20 ILCS 4005/12 rep.)
    Section 5. The Illinois Vehicle Hijacking and Motor 
Vehicle Theft Prevention and Insurance Verification Act is 
amended by repealing Section 12.
 
    Section 10. The Illinois Vehicle Code is amended by adding 
Sections 1-110.05 and 1-115.01 as follows:
 
    (625 ILCS 5/1-110.05 new)
    Sec. 1-110.05. Catalytic converter.
    "Catalytic converter" means a post-combustion device that: 
(1) oxidizes hydrocarbons and carbon monoxide gases or reduces 
oxides of nitrogen; and (2) is designed or intended for use as 
part of an emission control system. As used in this Section, 
"catalytic converter" includes nonferrous parts, including 
rhodium, platinum, and palladium. 
 
    (625 ILCS 5/1-115.01 new)
    Sec. 1-115.01. Detached catalytic converter.
    "Detached catalytic converter" means a catalytic 
converter, as defined in Section 1-110.05 of the Code, that 
was previously installed on a motor vehicle and subsequently 
removed. 
 
    Section 15. The Recyclable Metal Purchase Registration Law 
is amended by changing Sections 2, 3, 4.1, and 4.4 as follows:
 
    (815 ILCS 325/2)  (from Ch. 121 1/2, par. 322)
    Sec. 2. Definitions. When used in this Act:
    "Catalytic converter" means a post-combustion device that 
oxidizes hydrocarbons and carbon monoxide gases or reduces 
oxides of nitrogen and that is designed or intended for use as 
part of an emission control system. As used in this Section, 
"catalytic converter" includes nonferrous parts, including 
rhodium, platinum, and palladium.
    "Detached catalytic converter" means a catalytic converter 
that was previously installed on a motor vehicle and 
subsequently removed. 
    "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. 102-906, eff. 5-27-22.)
 
    (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, 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, and, in a transaction involving a catalytic 
    converter, the vehicle identification number of the 
    vehicle from which the catalytic converter was removed and 
    any numbers, bar codes, stickers, or other unique markings 
    of the catalytic converter that was removed;
        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."; 
        and . 
        8. A copy of the certificate of title or uniform 
    invoice showing the seller's ownership in the vehicle in 
    the case of a transaction involving a catalytic converter. 
    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. 102-906, eff. 5-27-22.)
 
    (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) (Blank). 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. 102-906, eff. 5-27-22.)
 
    (815 ILCS 325/4.4)
    Sec. 4.4. Purchase of a catalytic converter or its 
contents. 
    (a) It is unlawful for any person to purchase or otherwise 
acquire a used, detached catalytic converter or any nonferrous 
part thereof unless all of the following apply:
        (1) the person is a licensed recyclable metal dealer;
        (2) the sale or purchase occurs at the fixed business 
    address of a licensed recyclable metal dealer that is a 
    party to the transaction; and
        (3) the purchaser has maintained the information 
    required under Section 3 of the Recyclable Metal Purchase 
    Registration Law. 
    (b) A recyclable metal dealer shall not pay cash in 
payment for any catalytic converter or its contents having a 
value of $100 or more.
(Source: P.A. 102-906, eff. 5-27-22.)