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1 | AN ACT concerning transportation. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | (20 ILCS 4005/12 rep.) | ||||||
5 | Section 5. The Illinois Vehicle Hijacking and Motor | ||||||
6 | Vehicle Theft Prevention and Insurance Verification Act is | ||||||
7 | amended by repealing Section 12. | ||||||
8 | Section 10. The Illinois Vehicle Code is amended by adding | ||||||
9 | Sections 1-110.05 and 1-115.01 as follows: | ||||||
10 | (625 ILCS 5/1-110.05 new) | ||||||
11 | Sec. 1-110.05. Catalytic converter. | ||||||
12 | "Catalytic converter" means a post-combustion device that: | ||||||
13 | (1) oxidizes hydrocarbons and carbon monoxide gases or reduces | ||||||
14 | oxides of nitrogen; and (2) is designed or intended for use as | ||||||
15 | part of an emission control system. As used in this Section, | ||||||
16 | "catalytic converter" includes nonferrous parts, including | ||||||
17 | rhodium, platinum, and palladium. | ||||||
18 | (625 ILCS 5/1-115.01 new) | ||||||
19 | Sec. 1-115.01. Detached catalytic converter. | ||||||
20 | "Detached catalytic converter" means a catalytic | ||||||
21 | converter, as defined in Section 1-110.05 of the Code, that |
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1 | was previously installed on a motor vehicle and subsequently | ||||||
2 | removed. | ||||||
3 | Section 15. The Recyclable Metal Purchase Registration Law | ||||||
4 | is amended by changing Sections 2, 3, 4.1, and 4.4 as follows: | ||||||
5 | (815 ILCS 325/2) (from Ch. 121 1/2, par. 322) | ||||||
6 | Sec. 2. Definitions. When used in this Act: | ||||||
7 | "Catalytic converter" means a post-combustion device that | ||||||
8 | oxidizes hydrocarbons and carbon monoxide gases or reduces | ||||||
9 | oxides of nitrogen and that is designed or intended for use as | ||||||
10 | part of an emission control system. As used in this Section, | ||||||
11 | "catalytic converter" includes nonferrous parts, including | ||||||
12 | rhodium, platinum, and palladium. | ||||||
13 | "Detached catalytic converter" means a catalytic converter | ||||||
14 | that was previously installed on a motor vehicle and | ||||||
15 | subsequently removed. | ||||||
16 | "Recyclable metal" means any copper, brass, or aluminum, | ||||||
17 | or any combination of those metals, or any catalytic converter | ||||||
18 | or its contents purchased by a recyclable metal dealer, | ||||||
19 | irrespective of form or quantity, except that "recyclable | ||||||
20 | metal" does not include: (i) items designed to contain, or to | ||||||
21 | be used in the preparation of, beverages or food for human | ||||||
22 | consumption; (ii) discarded items of non-commercial or | ||||||
23 | household waste; (iii) gold, silver, platinum, and other | ||||||
24 | precious metals used in jewelry; or (iv) vehicles, junk |
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1 | vehicles, vehicle cowls, or essential vehicle parts. | ||||||
2 | "Recyclable metal dealer" means any individual, firm, | ||||||
3 | corporation or partnership conducting activity within the | ||||||
4 | boundaries of the State of Illinois and engaged in the | ||||||
5 | business of purchasing and reselling recyclable metal either | ||||||
6 | at a permanently established place of business or in | ||||||
7 | connection with a business of an itinerant nature, including | ||||||
8 | junk shops, junk yards, or junk stores, except that | ||||||
9 | "recyclable metal dealer" does not include automotive parts | ||||||
10 | recyclers, scrap processors, repairers and rebuilders licensed | ||||||
11 | pursuant to Section 5-301 of the Illinois Vehicle Code. | ||||||
12 | Recyclable metal dealers shall not be engaged in the business | ||||||
13 | of purchasing or reselling vehicles, junk vehicles, vehicle | ||||||
14 | cowls, or essential vehicle parts. | ||||||
15 | (Source: P.A. 102-906, eff. 5-27-22.) | ||||||
16 | (815 ILCS 325/3) (from Ch. 121 1/2, par. 323) | ||||||
17 | Sec. 3. Records of purchases. Except as provided in | ||||||
18 | Section 5 of this Act every recyclable metal dealer in this | ||||||
19 | State shall enter into an electronic record-keeping system for | ||||||
20 | each purchase of recyclable metal, a catalytic converter or | ||||||
21 | its contents, or recyclable metal containing copper the | ||||||
22 | following information: | ||||||
23 | 1. The name and address of the recyclable metal | ||||||
24 | dealer; | ||||||
25 | 2. The date and place of each purchase; |
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1 | 3. The name, address, and copy of the license as an | ||||||
2 | automotive parts recycler or scrap processor issued by the | ||||||
3 | Secretary of State of the person or persons from whom the | ||||||
4 | recyclable metal was purchased, which shall be verified | ||||||
5 | from a valid driver's license or other government-issued | ||||||
6 | photo identification. The recyclable metal dealer shall | ||||||
7 | make and record a photocopy or electronic scan of the | ||||||
8 | license as an automotive parts recycler or scrap processor | ||||||
9 | issued by the Secretary of State and driver's license or | ||||||
10 | other government-issued photo identification. If the | ||||||
11 | person delivering the recyclable metal does not have a | ||||||
12 | valid driver's license or other government-issued photo | ||||||
13 | identification, the recyclable metal dealer shall not | ||||||
14 | complete the transaction; | ||||||
15 | 4. The motor vehicle license number and state of | ||||||
16 | issuance of the motor vehicle license number of the | ||||||
17 | vehicle or conveyance on which the recyclable metal was | ||||||
18 | delivered to the recyclable metal dealer; | ||||||
19 | 5. A description of the recyclable metal purchased, | ||||||
20 | including the weight and whether it consists of bars, | ||||||
21 | cable, ingots, rods, tubing, wire, wire scraps, clamps, | ||||||
22 | connectors, other appurtenances, or some combination | ||||||
23 | thereof , and, in a transaction involving a catalytic | ||||||
24 | converter, the vehicle identification number of the | ||||||
25 | vehicle from which the catalytic converter was removed and | ||||||
26 | any numbers, bar codes, stickers, or other unique markings |
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1 | of the catalytic converter that was removed ; | ||||||
2 | 6. Photographs or video, or both, of the seller and of | ||||||
3 | the materials as presented on the scale; and | ||||||
4 | 7. A declaration signed and dated by the person or | ||||||
5 | persons from whom the recyclable metal was purchased which | ||||||
6 | states the following: | ||||||
7 | "I, the undersigned, affirm under penalty of law | ||||||
8 | that the property that is subject to this transaction | ||||||
9 | is not to the best of my knowledge stolen property." ; | ||||||
10 | and . | ||||||
11 | 8. A copy of the certificate of title or uniform | ||||||
12 | invoice showing the seller's ownership in the vehicle in | ||||||
13 | the case of a transaction involving a catalytic converter. | ||||||
14 | A copy of the recorded information shall be kept in an | ||||||
15 | electronic record-keeping system by the recyclable metal | ||||||
16 | dealer. Purchase records shall be retained for a period of 3 | ||||||
17 | years. Photographs shall be retained for a period of 3 months | ||||||
18 | and video recordings shall be retained for a period of one | ||||||
19 | month. The electronic record-keeping system shall be made | ||||||
20 | available for inspection by any law enforcement official or | ||||||
21 | the representatives of common carriers and persons, firms, | ||||||
22 | corporations or municipal corporations engaged in either the | ||||||
23 | generation, transmission or distribution of electric energy or | ||||||
24 | engaged in telephone, telegraph or other communications, at | ||||||
25 | any time. A recyclable metal dealer must complete and file a | ||||||
26 | 1099-MISC on behalf of the seller, unless the seller has a |
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1 | current license as an automotive parts recycler or scrap | ||||||
2 | processor issued by the Secretary of State. | ||||||
3 | (Source: P.A. 102-906, eff. 5-27-22.) | ||||||
4 | (815 ILCS 325/4.1) | ||||||
5 | Sec. 4.1. Restricted purchases. | ||||||
6 | (a) It is a violation of this Act for any person to | ||||||
7 | possess, purchase, attempt to purchase, sell or attempt to | ||||||
8 | sell, or for any recyclable metal dealer to purchase or | ||||||
9 | attempt to purchase, any of the following: | ||||||
10 | (1) materials that are clearly marked as property | ||||||
11 | belonging to a business or someone else other than the | ||||||
12 | seller; | ||||||
13 | (2) property associated with use by governments, | ||||||
14 | utilities, or railroads including, but not limited to, | ||||||
15 | guardrails, manhole covers, electric transmission and | ||||||
16 | distribution equipment, including transformers, grounding | ||||||
17 | straps, wires or poles, historical markers, street signs, | ||||||
18 | traffic signs, sewer grates, or any rail, switch | ||||||
19 | component, spike, angle bar, tie plate, or bolt of the | ||||||
20 | type used in constructing railroad track; | ||||||
21 | (3) cemetery plaques or ornaments; or | ||||||
22 | (4) any catalytic converter or its contents not | ||||||
23 | attached to a motor vehicle at the time of the transaction | ||||||
24 | unless the seller is licensed as an automotive parts | ||||||
25 | recycler or scrap processor. |
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1 | (b) (Blank). This Section shall not apply when the seller | ||||||
2 | produces written documentation reasonably demonstrating that | ||||||
3 | the seller is the owner of the recyclable metal material or is | ||||||
4 | authorized to sell the material on behalf of the owner. The | ||||||
5 | recyclable metal dealer shall copy any such documentation and | ||||||
6 | maintain it along with the purchase record required by Section | ||||||
7 | 3 of this Act. | ||||||
8 | (Source: P.A. 102-906, eff. 5-27-22.) | ||||||
9 | (815 ILCS 325/4.4) | ||||||
10 | Sec. 4.4. Purchase of a catalytic converter or its | ||||||
11 | contents. | ||||||
12 | (a) It is unlawful for any person to purchase or otherwise | ||||||
13 | acquire a used, detached catalytic converter or any nonferrous | ||||||
14 | part thereof unless all of the following apply: | ||||||
15 | (1) the person is a licensed recyclable metal dealer; | ||||||
16 | (2) the sale or purchase occurs at the fixed business | ||||||
17 | address of a licensed recyclable metal dealer that is a | ||||||
18 | party to the transaction; and | ||||||
19 | (3) the purchaser has maintained the information | ||||||
20 | required under Section 3 of the Recyclable Metal Purchase | ||||||
21 | Registration Law. | ||||||
22 | (b) A recyclable metal dealer shall not pay cash in | ||||||
23 | payment for any catalytic converter or its contents having a | ||||||
24 | value of $100 or more. | ||||||
25 | (Source: P.A. 102-906, eff. 5-27-22.) |