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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 5-401.3 and 5-403 and adding Sections 1-169.2, | ||||||
6 | 1-169.3, and 5-401.4 as follows: | ||||||
7 | (625 ILCS 5/1-169.2 new)
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8 | Sec. 1-169.2. Recyclable metal. Any copper, brass, or | ||||||
9 | aluminum, or any combination of those metals, purchased by a | ||||||
10 | recyclable metal dealer, irrespective of form or quantity, | ||||||
11 | except that "recyclable metal" does not include: (i) items | ||||||
12 | designed to contain, or to be used in the preparation of, | ||||||
13 | beverages or food for human consumption; (ii) discarded items | ||||||
14 | of non-commercial or household waste; or (iii) gold, silver, | ||||||
15 | platinum, and other precious metals used in jewelry. | ||||||
16 | (625 ILCS 5/1-169.3 new)
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17 | Sec. 1-169.3. Recyclable metal dealer. Any individual, | ||||||
18 | firm, corporation, or partnership
engaged in the business of | ||||||
19 | purchasing and reselling recyclable metal either at a
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20 | permanently established place of business or in connection with | ||||||
21 | a business
of an itinerant nature, including junk shops, junk | ||||||
22 | yards, junk stores, auto
wreckers, scrap metal dealers or |
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1 | processors, salvage yards, collectors of
or dealers in junk, | ||||||
2 | and junk carts or trucks.
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3 | (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
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4 | Sec. 5-401.3. Scrap processors and recyclable metal | ||||||
5 | dealers required to keep records. | ||||||
6 | (a) Every person licensed or required to be licensed as a | ||||||
7 | scrap processor
pursuant to Section 5-301 of this Chapter , and | ||||||
8 | every recyclable metal dealer as defined in Section 1-169.3 of | ||||||
9 | this Code, shall maintain for 3 years, at
his established place | ||||||
10 | of business, the following records relating to the
acquisition | ||||||
11 | of scrap metals or the acquisition of a vehicle, junk vehicle, | ||||||
12 | or vehicle cowl which has been
acquired for the purpose of | ||||||
13 | processing into a form other than a vehicle,
junk vehicle or | ||||||
14 | vehicle cowl which is possessed in the State or brought
into | ||||||
15 | this State from another state, territory or country.
No scrap | ||||||
16 | metal processor or recyclable metal dealer shall sell a vehicle | ||||||
17 | or essential part, as such,
except for engines, transmissions, | ||||||
18 | and powertrains, unless licensed to do so
under another | ||||||
19 | provision of this Code. A scrap processor or recyclable metal | ||||||
20 | dealer who is additionally
licensed as an automotive parts | ||||||
21 | recycler shall not be subject to the record
keeping | ||||||
22 | requirements for a scrap processor or recyclable metal dealer
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23 | when acting as an automotive parts
recycler.
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24 | (1) For a vehicle, junk vehicle, or vehicle cowl | ||||||
25 | acquired from a person
who is licensed under this Chapter, |
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1 | the scrap processor or recyclable metal dealer shall record | ||||||
2 | the
name and address of the person, and the Illinois or | ||||||
3 | out-of-state dealer
license number of such person on the | ||||||
4 | scrap processor or recyclable metal dealer's
processor's
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5 | weight ticket at the
time of the acquisition. The person | ||||||
6 | disposing of the vehicle, junk vehicle,
or vehicle cowl | ||||||
7 | shall furnish the scrap processor or recyclable metal | ||||||
8 | dealer with documentary proof of
ownership of the vehicle, | ||||||
9 | junk vehicle, or vehicle cowl in one of the
following | ||||||
10 | forms: a Certificate of Title, a Salvage Certificate, a | ||||||
11 | Junking
Certificate, a Secretary of State Junking | ||||||
12 | Manifest, a Uniform Invoice, a
Certificate of Purchase, or | ||||||
13 | other similar documentary proof of ownership.
The scrap | ||||||
14 | processor or recyclable metal dealer shall not acquire a | ||||||
15 | vehicle, junk vehicle or vehicle
cowl without obtaining one | ||||||
16 | of the aforementioned documentary proofs of ownership.
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17 | (2) For a vehicle, junk vehicle or vehicle cowl | ||||||
18 | acquired from a person
who is not licensed under this | ||||||
19 | Chapter, the scrap processor or recyclable metal dealer
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20 | shall verify
and record that person's identity by recording | ||||||
21 | the identification of such
person from at least 2 sources | ||||||
22 | of identification, one of which shall be a
driver's license | ||||||
23 | or State Identification Card, on the scrap processor or | ||||||
24 | recyclable metal dealer's
processor's
weight ticket at the | ||||||
25 | time of the acquisition. The person
disposing of the | ||||||
26 | vehicle, junk vehicle, or vehicle cowl shall furnish the
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1 | scrap processor or recyclable metal dealer with | ||||||
2 | documentary proof of ownership of the vehicle, junk
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3 | vehicle, or vehicle cowl in one of the following forms: a | ||||||
4 | Certificate of
Title, a Salvage Certificate, a Junking | ||||||
5 | Certificate, a Secretary of State
Junking Manifest, a | ||||||
6 | Certificate of Purchase, or other similar documentary
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7 | proof of ownership. The scrap processor or recyclable metal | ||||||
8 | dealer shall not acquire a vehicle, junk
vehicle or vehicle | ||||||
9 | cowl without obtaining one of the aforementioned
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10 | documentary proofs of ownership.
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11 | (3) In addition to the other information required on | ||||||
12 | the scrap processor or recyclable metal dealer's
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13 | processor's
weight ticket, a scrap processor or recyclable | ||||||
14 | metal dealer who at the time of acquisition of a
vehicle, | ||||||
15 | junk vehicle, or vehicle cowl is furnished a Certificate of | ||||||
16 | Title,
Salvage Certificate or Certificate of Purchase | ||||||
17 | shall record the vehicle
Identification Number on the | ||||||
18 | weight ticket or affix a copy of the
Certificate of Title, | ||||||
19 | Salvage Certificate or Certificate of Purchase to the
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20 | weight ticket and the identification of the person | ||||||
21 | acquiring the
information on the behalf of the scrap | ||||||
22 | processor or recyclable metal dealer .
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23 | (4) The scrap processor or recyclable metal dealer
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24 | shall maintain a copy of a Junk Vehicle
Notification | ||||||
25 | relating to any Certificate
of Title, Salvage Certificate, | ||||||
26 | Certificate of Purchase or similarly
acceptable |
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1 | out-of-state document surrendered to the Secretary of | ||||||
2 | State
pursuant to the provisions of Section 3-117.2 of this | ||||||
3 | Code.
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4 | (5) For scrap metals valued at $100 or more, the scrap | ||||||
5 | processor or recyclable metal dealer shall verify and | ||||||
6 | record the identity of the person from whom the scrap | ||||||
7 | metals were acquired by recording the identification of | ||||||
8 | that person from one source of identification, which shall | ||||||
9 | be a driver's license or State Identification Card, on the | ||||||
10 | scrap processor or recyclable metal dealer's weight ticket | ||||||
11 | at the time of the acquisition. The inspection of records | ||||||
12 | pertaining only to scrap metals shall not be counted as an | ||||||
13 | inspection of a premises for purposes of subparagraph (7) | ||||||
14 | of Section 5-403 of this Code.
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15 | This subdivision (a)(5) does not apply to
electrical | ||||||
16 | contractors, to agencies or instrumentalities of the State | ||||||
17 | of
Illinois or of the United States, to common carriers, to | ||||||
18 | purchases from
persons, firms, or corporations regularly | ||||||
19 | engaged in the business of
manufacturing recyclable metal, | ||||||
20 | in the business of selling recyclable metal at retail or
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21 | wholesale, or in the business of razing, demolishing, | ||||||
22 | destroying, or removing
buildings, to the purchase by one | ||||||
23 | recyclable metal dealer from another, or the
purchase from | ||||||
24 | persons, firms, or corporations engaged in either the
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25 | generation, transmission, or distribution of electric | ||||||
26 | energy or in
telephone, telegraph, and other |
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1 | communications if such common carriers,
persons, firms, or | ||||||
2 | corporations at the time of the purchase provide the | ||||||
3 | recyclable metal
dealer with a bill of sale or other | ||||||
4 | written evidence of title to the recyclable metal. This | ||||||
5 | subdivision (a)(5) also does not apply to contractual | ||||||
6 | arrangements between dealers.
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7 | (b) Any licensee or recyclable metal dealer who knowingly | ||||||
8 | fails to record any of the specific
information required to be | ||||||
9 | recorded on the weight ticket or who knowingly
fails to acquire | ||||||
10 | and maintain for 3 years documentary proof of ownership in
one | ||||||
11 | of the prescribed forms shall be guilty of a Class A | ||||||
12 | misdemeanor and
subject to a fine not to exceed $1,000. Each | ||||||
13 | violation shall constitute a
separate and distinct offense and | ||||||
14 | a separate count may be brought in the
same complaint for each | ||||||
15 | violation. Any licensee or recyclable metal dealer who commits | ||||||
16 | a second
violation of this Section within two years of a | ||||||
17 | previous conviction of a
violation of this Section shall be | ||||||
18 | guilty of a Class 4 felony.
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19 | (c) It shall be an affirmative defense to an offense | ||||||
20 | brought under
paragraph (b) of this Section that the licensee | ||||||
21 | or recyclable metal dealer or person required to be
licensed | ||||||
22 | both reasonably and in good faith relied on information | ||||||
23 | appearing
on a Certificate of Title, a Salvage Certificate, a | ||||||
24 | Junking Certificate, a
Secretary of State Manifest, a Secretary | ||||||
25 | of State's Uniform Invoice, a
Certificate of Purchase, or other | ||||||
26 | documentary proof of ownership prepared
under Section 3-117.1 |
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1 | (a) of this Code, relating to the transaction for
which the | ||||||
2 | required record was not kept which was supplied to the licensee | ||||||
3 | or recyclable metal dealer
by another licensee or recyclable | ||||||
4 | metal dealer or an out-of-state dealer.
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5 | (d) No later than 15 days prior to going out of business, | ||||||
6 | selling the
business, or transferring the ownership of the | ||||||
7 | business, the scrap
processor or recyclable metal dealer shall | ||||||
8 | notify the Secretary of that fact. Failure to so notify
the | ||||||
9 | Secretary of State shall constitute a failure to keep
records | ||||||
10 | under this Section.
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11 | (e) Evidence derived directly or indirectly from the | ||||||
12 | keeping of records
required to be kept under this Section shall | ||||||
13 | not be admissible in a
prosecution of the licensee or | ||||||
14 | recyclable metal dealer for an alleged violation of Section | ||||||
15 | 4-102
(a)(3) of this Code.
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16 | (Source: P.A. 90-89, eff. 1-1-98.)
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17 | (625 ILCS 5/5-401.4 new)
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18 | Sec. 5-401.4. Purchase of beer kegs by scrap processors and | ||||||
19 | recyclable metal dealers. | ||||||
20 | (a) A scrap processor or recyclable metal dealer may not | ||||||
21 | purchase metal beer kegs from any person other than the beer | ||||||
22 | manufacturer whose identity is printed, stamped, attached, or | ||||||
23 | otherwise displayed on the beer keg, or the manufacturer's | ||||||
24 | authorized representative. | ||||||
25 | (b) The purchaser shall obtain a proof of ownership record |
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1 | from a person selling the beer keg, including any person | ||||||
2 | selling a beer keg with an indicia of ownership that is | ||||||
3 | obliterated, unreadable, or missing, and shall also verify the | ||||||
4 | seller's identity by a driver's license or other | ||||||
5 | government-issued photo identification. The proof of ownership | ||||||
6 | record shall include all of the following information: | ||||||
7 | (1) The name, address, telephone number, and signature | ||||||
8 | of the
seller or the seller's authorized representative. | ||||||
9 | (2) The name and address of the buyer, or consignee if | ||||||
10 | not sold. | ||||||
11 | (3) A description of the beer keg, including its | ||||||
12 | capacity and any indicia of ownership or other | ||||||
13 | distinguishing marks appearing on the exterior surface. | ||||||
14 | (4) The date of transaction. | ||||||
15 | (c) The information required to be collected by this | ||||||
16 | Section shall
be kept for one year from the date of purchase or | ||||||
17 | delivery,
whichever is later.
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18 | (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
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19 | Sec. 5-403. (1) Authorized representatives of the | ||||||
20 | Secretary of State
including officers of the Secretary of | ||||||
21 | State's Department of Police, other
peace officers, and such | ||||||
22 | other individuals as the Secretary may designate
from time to | ||||||
23 | time shall make inspections of individuals and facilities | ||||||
24 | licensed
or required to be licensed under Chapter 5 of the | ||||||
25 | Illinois Vehicle Code
for the purpose of reviewing records |
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1 | required to be maintained under
Chapter 5 for accuracy and | ||||||
2 | completeness and reviewing and examining the
premises of the | ||||||
3 | licensee's established or additional place of business
for the | ||||||
4 | purpose of determining the accuracy of the required records.
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5 | Premises that may be inspected in order to determine the | ||||||
6 | accuracy of the
books and records required to be kept includes | ||||||
7 | all premises used by the
licensee to store vehicles and parts | ||||||
8 | that are reflected by the required books and records.
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9 | (2) Persons having knowledge of or conducting inspections | ||||||
10 | pursuant to
this Chapter shall not in advance of such | ||||||
11 | inspections knowingly notify a
licensee or representative of a | ||||||
12 | licensee of the contemplated inspection
unless the Secretary or | ||||||
13 | an individual designated by him for this purpose
authorizes | ||||||
14 | such notification. Any individual who, without authorization,
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15 | knowingly violates this subparagraph shall be guilty of a Class | ||||||
16 | A misdemeanor.
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17 | (3) The licensee or a representative of the licensee shall | ||||||
18 | be entitled
to be present during an inspection conducted | ||||||
19 | pursuant to Chapter 5, however,
the presence of the licensee or | ||||||
20 | an authorized representative of the licensee
is not a condition | ||||||
21 | precedent to such an inspection.
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22 | (4) Inspection conducted pursuant to Chapter 5 may be | ||||||
23 | initiated at any
time that business is being conducted or work | ||||||
24 | is being performed, whether
or not open to the public or when | ||||||
25 | the licensee or a representative of the
licensee, other than a | ||||||
26 | mere custodian or watchman, is present. The fact
that a |
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1 | licensee or representative of the licensee leaves the licensed | ||||||
2 | premises
after an inspection has been initiated shall not | ||||||
3 | require the termination
of the inspection.
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4 | (5) Any inspection conducted pursuant to Chapter 5 shall | ||||||
5 | not continue
for more than 24 hours after initiation.
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6 | (6) In the event information comes to the attention of the | ||||||
7 | individuals
conducting an inspection that may give rise to the | ||||||
8 | necessity of obtaining
a search warrant, and in the event steps | ||||||
9 | are initiated for the procurement
of a search warrant, the | ||||||
10 | individuals conducting such inspection may take
all necessary | ||||||
11 | steps to secure the premises under inspection until the warrant
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12 | application is acted upon by a judicial officer.
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13 | (7) No more than 6 inspections of a premises may be | ||||||
14 | conducted pursuant
to Chapter 5 within any 6 month period | ||||||
15 | except pursuant to a search warrant.
Notwithstanding this | ||||||
16 | limitation, nothing in this subparagraph (7) shall be
construed | ||||||
17 | to limit the authority of law enforcement agents to respond to
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18 | public complaints of violations of the Code. For the purpose of | ||||||
19 | this
subparagraph (7) , a public complaint is one in which the | ||||||
20 | complainant identifies
himself or herself and sets forth, in | ||||||
21 | writing, the specific basis for their
complaint against the | ||||||
22 | licensee. For the purpose of this subparagraph (7), the | ||||||
23 | inspection of records pertaining only to scrap metals, as | ||||||
24 | provided in subdivision (a)(5) of Section 5-401.3 of this Code, | ||||||
25 | shall not be counted as an inspection of a premises.
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26 | (8) Nothing in this Section shall be construed to limit the |
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1 | authority
of individuals by the Secretary pursuant to this | ||||||
2 | Section to conduct searches
of licensees pursuant to a duly | ||||||
3 | issued and authorized search warrant.
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4 | (9) Any licensee who, having been informed by a person | ||||||
5 | authorized to
make inspections and examine records under this | ||||||
6 | Section that he desires to
inspect records and the licensee's | ||||||
7 | premises as authorized by this Section,
refuses either to | ||||||
8 | produce for that person records required to be kept by
this | ||||||
9 | Chapter or to permit such authorized person to make an | ||||||
10 | inspection of
the premises in accordance with this Section | ||||||
11 | shall subject the license to
immediate suspension by the | ||||||
12 | Secretary of State.
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13 | (10) Beginning July 1, 1988, any person licensed under | ||||||
14 | 5-302 shall
produce for inspection upon demand those records | ||||||
15 | pertaining to the
acquisition of salvage vehicles in this | ||||||
16 | State. This inspection may be
conducted at the principal | ||||||
17 | offices of the Secretary of State.
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18 | (Source: P.A. 86-444.)
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