Sen. William R. Haine
Filed: 5/23/2008
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1 | AMENDMENT TO HOUSE BILL 4668
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2 | AMENDMENT NO. ______. Amend House Bill 4668 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 5-401.3, 5-401.4, and 5-403 and by adding | ||||||
6 | Section 5-404 as follows:
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7 | (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
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8 | Sec. 5-401.3. Scrap processors and recyclable metal | ||||||
9 | dealers required to keep records. | ||||||
10 | (a) Every person licensed or required to be licensed as a | ||||||
11 | scrap processor
pursuant to Section 5-301 of this Chapter , and | ||||||
12 | every recyclable metal dealer as defined in Section 1-169.3 of | ||||||
13 | this Code, shall maintain for 3 years, at
his established place | ||||||
14 | of business, the following records relating to the
acquisition | ||||||
15 | of recyclable metals scrap metals or the acquisition of a | ||||||
16 | vehicle, junk vehicle, or vehicle cowl which has been
acquired |
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1 | for the purpose of processing into a form other than a vehicle,
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2 | junk vehicle or vehicle cowl which is possessed in the State or | ||||||
3 | brought
into this State from another state, territory or | ||||||
4 | country.
No scrap metal processor or recyclable metal dealer | ||||||
5 | shall sell a vehicle or essential part, as such,
except for | ||||||
6 | engines, transmissions, and powertrains, unless licensed to do | ||||||
7 | so
under another provision of this Code. A scrap processor or | ||||||
8 | recyclable metal dealer who is additionally
licensed as an | ||||||
9 | automotive parts recycler shall not be subject to the record
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10 | keeping requirements for a scrap processor or recyclable metal | ||||||
11 | dealer
when acting as an automotive parts
recycler.
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12 | (1) For a vehicle, junk vehicle, or vehicle cowl | ||||||
13 | acquired from a person
who is licensed under this Chapter, | ||||||
14 | the scrap processor or recyclable metal dealer shall record | ||||||
15 | the
name and address of the person, and the Illinois or | ||||||
16 | out-of-state dealer
license number of such person on the | ||||||
17 | scrap processor's processor or recyclable metal dealer's
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18 | weight ticket at the
time of the acquisition. The person | ||||||
19 | disposing of the vehicle, junk vehicle,
or vehicle cowl | ||||||
20 | shall furnish the scrap processor or recyclable metal | ||||||
21 | dealer with documentary proof of
ownership of the vehicle, | ||||||
22 | junk vehicle, or vehicle cowl in one of the
following | ||||||
23 | forms: a Certificate of Title, a Salvage Certificate, a | ||||||
24 | Junking
Certificate, a Secretary of State Junking | ||||||
25 | Manifest, a Uniform Invoice, a
Certificate of Purchase, or | ||||||
26 | other similar documentary proof of ownership.
The scrap |
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1 | processor or recyclable metal dealer shall not acquire a | ||||||
2 | vehicle, junk vehicle or vehicle
cowl without obtaining one | ||||||
3 | of the aforementioned documentary proofs of ownership.
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4 | (2) For a vehicle, junk vehicle or vehicle cowl | ||||||
5 | acquired from a person
who is not licensed under this | ||||||
6 | Chapter, the scrap processor or recyclable metal dealer
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7 | shall verify
and record that person's identity by recording | ||||||
8 | the identification of such
person from at least 2 sources | ||||||
9 | of identification, one of which shall be a
driver's license | ||||||
10 | or State Identification Card, on the scrap processor's | ||||||
11 | processor or recyclable metal dealer's
weight ticket at the | ||||||
12 | time of the acquisition. The person
disposing of the | ||||||
13 | vehicle, junk vehicle, or vehicle cowl shall furnish the
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14 | scrap processor or recyclable metal dealer with | ||||||
15 | documentary proof of ownership of the vehicle, junk
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16 | vehicle, or vehicle cowl in one of the following forms: a | ||||||
17 | Certificate of
Title, a Salvage Certificate, a Junking | ||||||
18 | Certificate, a Secretary of State
Junking Manifest, a | ||||||
19 | Certificate of Purchase, or other similar documentary
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20 | proof of ownership. The scrap processor or recyclable metal | ||||||
21 | dealer shall not acquire a vehicle, junk
vehicle or vehicle | ||||||
22 | cowl without obtaining one of the aforementioned
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23 | documentary proofs of ownership.
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24 | (3) In addition to the other information required on | ||||||
25 | the scrap processor's processor or recyclable metal | ||||||
26 | dealer's
weight ticket, a scrap processor or recyclable |
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1 | metal dealer who at the time of acquisition of a
vehicle, | ||||||
2 | junk vehicle, or vehicle cowl is furnished a Certificate of | ||||||
3 | Title,
Salvage Certificate or Certificate of Purchase | ||||||
4 | shall record the Vehicle vehicle
Identification Number on | ||||||
5 | the weight ticket or affix a copy of the
Certificate of | ||||||
6 | Title, Salvage Certificate or Certificate of Purchase to | ||||||
7 | the
weight ticket and the identification of the person | ||||||
8 | acquiring the
information on the behalf of the scrap | ||||||
9 | processor or recyclable metal dealer .
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10 | (4) The scrap processor or recyclable metal dealer
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11 | shall maintain a copy of a Junk Vehicle
Notification | ||||||
12 | relating to any Certificate
of Title, Salvage Certificate, | ||||||
13 | Certificate of Purchase or similarly
acceptable | ||||||
14 | out-of-state document surrendered to the Secretary of | ||||||
15 | State
pursuant to the provisions of Section 3-117.2 of this | ||||||
16 | Code.
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17 | (5) For recyclable metals scrap metals valued at $100 | ||||||
18 | or more, the scrap processor or recyclable metal dealer | ||||||
19 | shall , for each transaction, verify and record the identity | ||||||
20 | of the person from whom the recyclable metals scrap metals | ||||||
21 | were acquired by verifying recording the identification of | ||||||
22 | that person from one source of identification, which shall | ||||||
23 | be a valid driver's license or State Identification Card, | ||||||
24 | on the scrap processor's processor or recyclable metal | ||||||
25 | dealer's weight ticket at the time of the acquisition and | ||||||
26 | by making and recording a photocopy or electronic scan of |
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1 | the driver's license or State Identification Card. Such | ||||||
2 | information shall be available for inspection by any law | ||||||
3 | enforcement official. If the person delivering the | ||||||
4 | recyclable metal does not have a valid driver's license or | ||||||
5 | State Identification Card, the scrap processor shall not | ||||||
6 | complete the transaction . The inspection of records | ||||||
7 | pertaining only to recyclable scrap metals shall not be | ||||||
8 | counted as an inspection of a premises for purposes of | ||||||
9 | subparagraph (7) of Section 5-403 of this Code.
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10 | This subdivision (a)(5) does not apply to
electrical | ||||||
11 | contractors, to agencies or instrumentalities of the State | ||||||
12 | of
Illinois or of the United States, to common carriers, to | ||||||
13 | purchases from
persons, firms, or corporations regularly | ||||||
14 | engaged in the business of
manufacturing recyclable metal, | ||||||
15 | in the business of selling recyclable metal at retail or
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16 | wholesale, or in the business of razing, demolishing, | ||||||
17 | destroying, or removing
buildings, to the purchase by one | ||||||
18 | recyclable metal dealer from another, or the
purchase from | ||||||
19 | persons, firms, or corporations engaged in either the
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20 | generation, transmission, or distribution of electric | ||||||
21 | energy or in
telephone, telegraph, and other | ||||||
22 | communications if such common carriers,
persons, firms, or | ||||||
23 | corporations at the time of the purchase provide the | ||||||
24 | recyclable metal
dealer with a bill of sale or other | ||||||
25 | written evidence of title to the recyclable metal. This | ||||||
26 | subdivision (a)(5) also does not apply to contractual |
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1 | arrangements between dealers.
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2 | (b) Any licensee or recyclable metal dealer who knowingly | ||||||
3 | fails to record any of the specific
information required to be | ||||||
4 | recorded on the weight ticket required under any other | ||||||
5 | subsection of this Section, or Section 5-401 of this Code, or | ||||||
6 | who knowingly
fails to acquire and maintain for 3 years | ||||||
7 | documentary proof of ownership in
one of the prescribed forms | ||||||
8 | shall be guilty of a Class A misdemeanor and
subject to a fine | ||||||
9 | not to exceed $1,000. Each violation shall constitute a
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10 | separate and distinct offense and a separate count may be | ||||||
11 | brought in the
same complaint for each violation. Any licensee | ||||||
12 | or recyclable metal dealer who commits a second
violation of | ||||||
13 | this Section within two years of a previous conviction of a
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14 | violation of this Section shall be guilty of a Class 4 felony.
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15 | (c) It shall be an affirmative defense to an offense | ||||||
16 | brought under
paragraph (b) of this Section that the licensee | ||||||
17 | or recyclable metal dealer or person required to be
licensed | ||||||
18 | both reasonably and in good faith relied on information | ||||||
19 | appearing
on a Certificate of Title, a Salvage Certificate, a | ||||||
20 | Junking Certificate, a
Secretary of State Manifest, a Secretary | ||||||
21 | of State's Uniform Invoice, a
Certificate of Purchase, or other | ||||||
22 | documentary proof of ownership prepared
under Section 3-117.1 | ||||||
23 | (a) of this Code, relating to the transaction for
which the | ||||||
24 | required record was not kept which was supplied to the licensee | ||||||
25 | or recyclable metal dealer
by another licensee or recyclable | ||||||
26 | metal dealer or an out-of-state dealer.
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1 | (d) No later than 15 days prior to going out of business, | ||||||
2 | selling the
business, or transferring the ownership of the | ||||||
3 | business, the scrap
processor or recyclable metal dealer shall | ||||||
4 | notify the Secretary of that fact. Failure to so notify
the | ||||||
5 | Secretary of State shall constitute a failure to keep
records | ||||||
6 | under this Section.
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7 | (e) Evidence derived directly or indirectly from the | ||||||
8 | keeping of records
required to be kept under this Section shall | ||||||
9 | not be admissible in a
prosecution of the licensee or | ||||||
10 | recyclable metal dealer for an alleged violation of Section | ||||||
11 | 4-102
(a)(3) of this Code.
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12 | (Source: P.A. 95-253, eff. 1-1-08.)
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13 | (625 ILCS 5/5-401.4)
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14 | Sec. 5-401.4. Purchase of beer kegs by scrap processors and | ||||||
15 | recyclable metal dealers . | ||||||
16 | (a) A scrap processor or recyclable metal dealer may not | ||||||
17 | purchase metal beer kegs from any person other than the beer | ||||||
18 | manufacturer whose identity is printed, stamped, attached, or | ||||||
19 | otherwise displayed on the beer keg, or the manufacturer's | ||||||
20 | authorized representative. | ||||||
21 | (b) The purchaser shall obtain a proof of ownership record | ||||||
22 | from a person selling the beer keg, including any person | ||||||
23 | selling a beer keg with an indicia of ownership that is | ||||||
24 | obliterated, unreadable, or missing, and shall also verify the | ||||||
25 | seller's identity by a driver's license or other |
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1 | government-issued photo identification. The proof of ownership | ||||||
2 | record shall include all of the following information: | ||||||
3 | (1) The name, address, telephone number, and signature | ||||||
4 | of the
seller or the seller's authorized representative. | ||||||
5 | (2) The name and address of the buyer, or consignee if | ||||||
6 | not sold. | ||||||
7 | (3) A description of the beer keg, including its | ||||||
8 | capacity and any indicia of ownership or other | ||||||
9 | distinguishing marks appearing on the exterior surface. | ||||||
10 | (4) The date of transaction. | ||||||
11 | (c) The information required to be collected by this | ||||||
12 | Section shall
be kept for one year from the date of purchase or | ||||||
13 | delivery,
whichever is later.
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14 | (Source: P.A. 95-253, eff. 1-1-08.)
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15 | (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
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16 | Sec. 5-403. (1) Authorized representatives of the | ||||||
17 | Secretary of State
including officers of the Secretary of | ||||||
18 | State's Department of Police, other
peace officers, and such | ||||||
19 | other individuals as the Secretary may designate
from time to | ||||||
20 | time shall make inspections of individuals and facilities | ||||||
21 | licensed
or required to be licensed under Chapter 5 of the | ||||||
22 | Illinois Vehicle Code
for the purpose of reviewing records | ||||||
23 | required to be maintained under
Chapter 5 for accuracy and | ||||||
24 | completeness and reviewing and examining the
premises of the | ||||||
25 | licensee's established or additional place of business
for the |
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1 | purpose of determining the accuracy of the required records.
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2 | Premises that may be inspected in order to determine the | ||||||
3 | accuracy of the
books and records required to be kept includes | ||||||
4 | all premises used by the
licensee to store vehicles and parts | ||||||
5 | that are reflected by the required books and records.
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6 | (2) Persons having knowledge of or conducting inspections | ||||||
7 | pursuant to
this Chapter shall not in advance of such | ||||||
8 | inspections knowingly notify a
licensee or representative of a | ||||||
9 | licensee of the contemplated inspection
unless the Secretary or | ||||||
10 | an individual designated by him for this purpose
authorizes | ||||||
11 | such notification. Any individual who, without authorization,
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12 | knowingly violates this subparagraph shall be guilty of a Class | ||||||
13 | A misdemeanor.
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14 | (3) The licensee or a representative of the licensee shall | ||||||
15 | be entitled
to be present during an inspection conducted | ||||||
16 | pursuant to Chapter 5, however,
the presence of the licensee or | ||||||
17 | an authorized representative of the licensee
is not a condition | ||||||
18 | precedent to such an inspection.
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19 | (4) Inspection conducted pursuant to Chapter 5 may be | ||||||
20 | initiated at any
time that business is being conducted or work | ||||||
21 | is being performed, whether
or not open to the public or when | ||||||
22 | the licensee or a representative of the
licensee, other than a | ||||||
23 | mere custodian or watchman, is present. The fact
that a | ||||||
24 | licensee or representative of the licensee leaves the licensed | ||||||
25 | premises
after an inspection has been initiated shall not | ||||||
26 | require the termination
of the inspection.
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1 | (5) Any inspection conducted pursuant to Chapter 5 shall | ||||||
2 | not continue
for more than 24 hours after initiation.
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3 | (6) In the event information comes to the attention of the | ||||||
4 | individuals
conducting an inspection that may give rise to the | ||||||
5 | necessity of obtaining
a search warrant, and in the event steps | ||||||
6 | are initiated for the procurement
of a search warrant, the | ||||||
7 | individuals conducting such inspection may take
all necessary | ||||||
8 | steps to secure the premises under inspection until the warrant
| ||||||
9 | application is acted upon by a judicial officer.
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10 | (7) No more than 6 inspections of a premises may be | ||||||
11 | conducted pursuant
to Chapter 5 within any 6 month period | ||||||
12 | except pursuant to a search warrant.
Notwithstanding this | ||||||
13 | limitation, nothing in this subparagraph (7) shall be
construed | ||||||
14 | to limit the authority of law enforcement agents to respond to
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15 | public complaints of violations of the Code. For the purpose of | ||||||
16 | this
subparagraph (7), a public complaint is one in which the | ||||||
17 | complainant identifies
himself or herself and sets forth, in | ||||||
18 | writing, the specific basis for their
complaint against the | ||||||
19 | licensee. For the purpose of this subparagraph (7), the | ||||||
20 | inspection of records pertaining only to recyclable scrap | ||||||
21 | metals, as provided in subdivision (a)(5) of Section 5-401.3 of | ||||||
22 | this Code, shall not be counted as an inspection of a premises.
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23 | (8) Nothing in this Section shall be construed to limit the | ||||||
24 | authority
of individuals by the Secretary pursuant to this | ||||||
25 | Section to conduct searches
of licensees pursuant to a duly | ||||||
26 | issued and authorized search warrant.
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1 | (9) Any licensee who, having been informed by a person | ||||||
2 | authorized to
make inspections and examine records under this | ||||||
3 | Section that he desires to
inspect records and the licensee's | ||||||
4 | premises as authorized by this Section,
refuses either to | ||||||
5 | produce for that person records required to be kept by
this | ||||||
6 | Chapter or to permit such authorized person to make an | ||||||
7 | inspection of
the premises in accordance with this Section | ||||||
8 | shall subject the license to
immediate suspension by the | ||||||
9 | Secretary of State.
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10 | (10) Beginning July 1, 1988, any person licensed under | ||||||
11 | 5-302 shall
produce for inspection upon demand those records | ||||||
12 | pertaining to the
acquisition of salvage vehicles in this | ||||||
13 | State. This inspection may be
conducted at the principal | ||||||
14 | offices of the Secretary of State.
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15 | (Source: P.A. 95-253, eff. 1-1-08.)
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16 | (625 ILCS 5/5-404 new) | ||||||
17 | Sec. 5-404. Injunctions. The Illinois Attorney General or | ||||||
18 | the State's Attorney for the county in which the scrap | ||||||
19 | processor is located, may initiate an appropriate action in the | ||||||
20 | circuit court of the county in which a scrap processor is | ||||||
21 | located, to prevent the unlawful operation of a scrap | ||||||
22 | processor, or to restrain, correct, or abate a violation of | ||||||
23 | this Act, or to prevent any illegal act or conduct by the scrap | ||||||
24 | processor. |
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1 | (625 ILCS 5/1-169.3 rep.)
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2 | Section 10. The Illinois Vehicle Code is amended by | ||||||
3 | repealing Section 1-169.3. | ||||||
4 | Section 15. The Copper Purchase Registration Law is amended | ||||||
5 | by changing the title of the Act and Sections 1, 2, 3, 5, 7, and | ||||||
6 | 8 and by adding Sections 4.5, 9, and 10 as follows:
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7 | (815 ILCS 325/Act title)
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8 | An Act to require the registration
of the purchase of | ||||||
9 | recyclable metal copper as herein defined, and providing a | ||||||
10 | penalty for
the violation thereof.
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11 | (815 ILCS 325/1) (from Ch. 121 1/2, par. 321)
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12 | Sec. 1. Short title. This Act is known and may be cited as | ||||||
13 | the " Recyclable Metal Copper Purchase Registration
Law".
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14 | (Source: P.A. 76-1476.)
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15 | (815 ILCS 325/2) (from Ch. 121 1/2, par. 322)
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16 | Sec. 2. Definitions. When used in this Act:
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17 | "Recyclable metal" means any copper, brass, or aluminum, or | ||||||
18 | any combination of those metals, purchased by a recyclable | ||||||
19 | metal dealer, irrespective of form or quantity,
except that | ||||||
20 | "recyclable metal" does not include: (i) items designed to | ||||||
21 | contain, or to be used in the preparation of, beverages or food | ||||||
22 | for human consumption; (ii) discarded items
of non-commercial |
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1 | or household waste; (iii) gold, silver, platinum, and other | ||||||
2 | precious metals used in jewelry; or (iv) vehicles, junk | ||||||
3 | vehicles, vehicle cowls, or essential vehicle parts. "Copper" | ||||||
4 | means any copper, copper alloy or brass bars, cable, ingots,
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5 | rods, tubing, wire, wire scraps, clamps, connectors or other | ||||||
6 | appurtenances
utilized or that can be utilized by common | ||||||
7 | carriers or by persons, firms,
corporations or municipal | ||||||
8 | corporations engaged in either the generation,
transmission or | ||||||
9 | distribution of electric energy or in telephone, telegraph
or | ||||||
10 | other communications;
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11 | " Recyclable metal Copper dealer" means any individual, | ||||||
12 | firm, corporation or partnership
engaged in the business of | ||||||
13 | purchasing and reselling recyclable metal copper either at a
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14 | permanently established place of business or in connection with | ||||||
15 | a business
of an itinerant nature, including junk shops, junk | ||||||
16 | yards, or junk stores , except that "recyclable metal dealer" | ||||||
17 | does not include automotive parts recyclers, scrap processors, | ||||||
18 | repairers and rebuilders licensed pursuant to Section 5-301 of | ||||||
19 | the Illinois Vehicle Code. Recyclable metal dealers shall not | ||||||
20 | be engaged in the business of purchasing or reselling vehicles, | ||||||
21 | junk vehicles, vehicle cowls, or essential vehicle parts , auto
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22 | wreckers, scrap metal dealers or processors, salvage yards, | ||||||
23 | collectors of
or dealers in junk and junk carts or trucks .
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24 | (Source: P.A. 76-1476.)
| ||||||
25 | (815 ILCS 325/3) (from Ch. 121 1/2, par. 323)
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1 | Sec. 3. Records of purchases. Except as provided in Section | ||||||
2 | 5 of this Act every recyclable metal copper dealer in this
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3 | State shall enter on forms provided by the Department of State
| ||||||
4 | Police or such department as may succeed to its functions, for | ||||||
5 | each
purchase of recyclable metal valued at $100 copper | ||||||
6 | consisting of 50 pounds or more the following
information:
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7 | 1. The name and address of the recyclable metal copper | ||||||
8 | dealer;
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9 | 2. The date and place of each purchase;
| ||||||
10 | 3. The name and address of the person or persons from | ||||||
11 | whom the recyclable metal copper
was purchased , which shall | ||||||
12 | be verified from a valid driver's license or State | ||||||
13 | Identification Card. The recyclable metal dealer shall | ||||||
14 | make and record a photocopy or electronic scan of the | ||||||
15 | driver's license or State Identification Card. If the | ||||||
16 | person delivering the recyclable metal does not have a | ||||||
17 | valid driver's license or State Identification Card, the | ||||||
18 | recyclable metal dealer shall not complete the | ||||||
19 | transaction ;
| ||||||
20 | 4. The motor vehicle license number and state of | ||||||
21 | issuance of the motor vehicle license number of the vehicle | ||||||
22 | or conveyance on
which the recyclable metal copper was | ||||||
23 | delivered to the recyclable metal copper dealer;
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24 | 5. A description of the recyclable metal copper | ||||||
25 | purchased, including the weight and
whether it consists of | ||||||
26 | bars, cable, ingots, rods, tubing, wire, wire
scraps, |
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1 | clamps, connectors or other appurtenances , or some | ||||||
2 | combination
thereof.
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3 | A copy of the completed form shall be kept in a separate | ||||||
4 | book or
register by the recyclable metal copper dealer and | ||||||
5 | shall be retained for a period of 2 years. Such book or | ||||||
6 | register shall be made available for inspection by any
law | ||||||
7 | enforcement official or the representatives of common carriers | ||||||
8 | and
persons, firms, corporations or municipal corporations | ||||||
9 | engaged in either
the generation, transmission or distribution | ||||||
10 | of electric energy or engaged
in telephone, telegraph or other | ||||||
11 | communications, at any time.
| ||||||
12 | (Source: P.A. 94-181, eff. 1-1-06.)
| ||||||
13 | (815 ILCS 325/4.5 new) | ||||||
14 | Sec. 4.5. Purchase of beer kegs by recyclable metal | ||||||
15 | dealers. | ||||||
16 | (a) A recyclable metal dealer may not purchase metal beer | ||||||
17 | kegs from any person other than the beer manufacturer whose | ||||||
18 | identity is printed, stamped, attached, or otherwise displayed | ||||||
19 | on the beer keg, or from the manufacturer's authorized | ||||||
20 | representative. | ||||||
21 | (b) The purchaser shall obtain a proof of ownership record | ||||||
22 | from a person selling the beer keg, including any person | ||||||
23 | selling a beer keg with an indicia of ownership that is | ||||||
24 | obliterated, unreadable, or missing, and shall also verify the | ||||||
25 | seller's identity by a driver's license or other |
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| |||||||
1 | government-issued photo identification. The proof of ownership | ||||||
2 | record shall include all of the following information: | ||||||
3 | (1) The name, address, telephone number, and signature | ||||||
4 | of the seller or the seller's authorized representative. | ||||||
5 | (2) The name and address of the buyer, or consignee if | ||||||
6 | not sold. | ||||||
7 | (3) A description of the beer keg, including its | ||||||
8 | capacity and any indicia of ownership or other | ||||||
9 | distinguishing marks appearing on the exterior surface. | ||||||
10 | (4) The date of transaction. | ||||||
11 | (c) The information required to be collected by this | ||||||
12 | Section shall be kept for one year from the date of purchase or | ||||||
13 | delivery, whichever is later.
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14 | (815 ILCS 325/5) (from Ch. 121 1/2, par. 325)
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15 | Sec. 5. Exemptions. The provisions of Section 3 of this Act | ||||||
16 | do not apply to
electrical contractors, to agencies or | ||||||
17 | instrumentalities of the State of
Illinois or of the United | ||||||
18 | States, to common carriers or to purchases from
persons, firms | ||||||
19 | or corporations regularly engaged in the business of
| ||||||
20 | manufacturing recyclable metal copper , the business of selling | ||||||
21 | copper at retail or
wholesale, in the business of razing, | ||||||
22 | demolishing, destroying or removing
buildings, to the purchase | ||||||
23 | of one recyclable metal copper dealer from another or the
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24 | purchase from persons, firms or corporations engaged in either | ||||||
25 | the
generation, transmission or distribution of electric |
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1 | energy or in
telephone, telegraph and other communications if | ||||||
2 | such common carriers,
persons, firms or corporations at the | ||||||
3 | time of the purchase provide the recyclable metal
copper dealer | ||||||
4 | with a bill of sale or other written evidence of title to the | ||||||
5 | recyclable metal
copper .
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6 | (Source: P.A. 94-181, eff. 1-1-06.)
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7 | (815 ILCS 325/7) (from Ch. 121 1/2, par. 327)
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8 | Sec. 7. Inapplicability. This Act shall not apply in any | ||||||
9 | municipality that which provides for the
registration of | ||||||
10 | recyclable metal copper purchased by resolution, ordinance or | ||||||
11 | regulation that
which substantially complies with the | ||||||
12 | substantive provisions of this Act or
any rule or regulation | ||||||
13 | hereunder with the exception of the penalty provisions . The | ||||||
14 | fact of such nonapplication shall be
evidenced by a certificate | ||||||
15 | of exemption issued by the Department of State
Police or such | ||||||
16 | department as may succeed to its functions,
if it finds
that a | ||||||
17 | municipal resolution, ordinance , or regulation meeting such
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18 | requirements is being enforced. The Such certificate of | ||||||
19 | exemption shall be
available for inspection in the office of | ||||||
20 | the municipal clerk. This Act
does not apply in municipalities | ||||||
21 | with populations of 1,000,000 or over.
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22 | (Source: P.A. 84-25.)
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23 | (815 ILCS 325/8) (from Ch. 121 1/2, par. 328)
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24 | Sec. 8. Penalty. Any recyclable metal copper dealer who |
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| |||||||
1 | knowingly fails to comply with this Act is guilty
of a Class A | ||||||
2 | B misdemeanor for the first offense, and a Class 4 felony for | ||||||
3 | the second or subsequent offense . Each day that any recyclable | ||||||
4 | metal copper dealer so fails to
comply shall constitute a | ||||||
5 | separate offense.
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6 | (Source: P.A. 77-2262.)
| ||||||
7 | (815 ILCS 325/9 new) | ||||||
8 | Sec. 9. Injunctions. The Illinois Attorney General or the | ||||||
9 | State's Attorney for the county in which the recyclable metal | ||||||
10 | dealer is located, may initiate an appropriate action in the | ||||||
11 | circuit court of the county in which a recyclable metal dealer | ||||||
12 | is located, to prevent the unlawful operation of a recyclable | ||||||
13 | metal dealer, or to restrain, correct, or abate a violation of | ||||||
14 | this Act, or to prevent any illegal act or conduct by the | ||||||
15 | recyclable metal dealer. | ||||||
16 | (815 ILCS 325/10 new) | ||||||
17 | Sec. 10. Rules. Notwithstanding any other rulemaking | ||||||
18 | authority that may exist, neither the Governor nor any agency | ||||||
19 | or agency head under the jurisdiction of the Governor has any | ||||||
20 | authority to make or promulgate rules to implement or enforce | ||||||
21 | the provisions of this amendatory Act of the 95th General | ||||||
22 | Assembly. If, however, the Governor believes that rules are | ||||||
23 | necessary to implement or enforce the provisions of this | ||||||
24 | amendatory Act of the 95th General Assembly, the Governor may |
| |||||||
| |||||||
1 | suggest rules to the General Assembly by filing them with the | ||||||
2 | Clerk of the House and the Secretary of the Senate and by | ||||||
3 | requesting that the General Assembly authorize such rulemaking | ||||||
4 | by law, enact those suggested rules into law, or take any other | ||||||
5 | appropriate action in the General Assembly's discretion. | ||||||
6 | Nothing contained in this amendatory Act of the 95th General | ||||||
7 | Assembly shall be interpreted to grant rulemaking authority | ||||||
8 | under any other Illinois statute where such authority is not | ||||||
9 | otherwise explicitly given. For the purposes of this paragraph, | ||||||
10 | "rules" is given the meaning contained in Section 1-70 of the | ||||||
11 | Illinois Administrative Procedure Act, and "agency" and | ||||||
12 | "agency head" are given the meanings contained in Sections 1-20 | ||||||
13 | and 1-25 of the Illinois Administrative Procedure Act to the | ||||||
14 | extent that such definitions apply to agencies or agency heads | ||||||
15 | under the jurisdiction of the Governor.
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16 | Section 99. Effective date. This Act takes effect January | ||||||
17 | 2, 2009.".
|