|
|
|
HB4133 Engrossed |
|
LRB095 13383 DRH 39052 b |
|
|
1 |
| AN ACT concerning recyclable metals.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Illinois Vehicle Code is amended by changing |
5 |
| Sections 5-401.3 and 5-403 as follows:
|
6 |
| (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
|
7 |
| Sec. 5-401.3. Scrap processors and recyclable metal |
8 |
| dealers required to keep records. |
9 |
| (a) Every person licensed or required to be licensed as a |
10 |
| scrap processor
pursuant to Section 5-301 of this Chapter, and |
11 |
| every recyclable metal dealer as defined in Section 1-169.3 of |
12 |
| this Code, shall maintain for 3 years, at
his established place |
13 |
| of business, the following records relating to the
acquisition |
14 |
| of recyclable
scrap metals or the acquisition of a vehicle, |
15 |
| junk vehicle, or vehicle cowl which has been
acquired for the |
16 |
| purpose of processing into a form other than a vehicle,
junk |
17 |
| vehicle or vehicle cowl which is possessed in the State or |
18 |
| brought
into this State from another state, territory or |
19 |
| country.
No scrap metal processor or recyclable metal dealer |
20 |
| shall sell a vehicle or essential part, as such,
except for |
21 |
| engines, transmissions, and powertrains, unless licensed to do |
22 |
| so
under another provision of this Code. A scrap processor or |
23 |
| recyclable metal dealer who is additionally
licensed as an |
|
|
|
HB4133 Engrossed |
- 2 - |
LRB095 13383 DRH 39052 b |
|
|
1 |
| automotive parts recycler shall not be subject to the record
|
2 |
| keeping requirements for a scrap processor or recyclable metal |
3 |
| dealer
when acting as an automotive parts
recycler.
|
4 |
| (1) For a vehicle, junk vehicle, or vehicle cowl |
5 |
| acquired from a person
who is licensed under this Chapter, |
6 |
| the scrap processor or recyclable metal dealer shall record |
7 |
| the
name and address of the person, and the Illinois or |
8 |
| out-of-state dealer
license number of such person on the |
9 |
| scrap processor or recyclable metal dealer's
weight ticket |
10 |
| at the
time of the acquisition. The person disposing of the |
11 |
| vehicle, junk vehicle,
or vehicle cowl shall furnish the |
12 |
| scrap processor or recyclable metal dealer with |
13 |
| documentary proof of
ownership of the vehicle, junk |
14 |
| vehicle, or vehicle cowl in one of the
following forms: a |
15 |
| Certificate of Title, a Salvage Certificate, a Junking
|
16 |
| Certificate, a Secretary of State Junking Manifest, a |
17 |
| Uniform Invoice, a
Certificate of Purchase, or other |
18 |
| similar documentary proof of ownership.
The scrap |
19 |
| processor or recyclable metal dealer shall not acquire a |
20 |
| vehicle, junk vehicle or vehicle
cowl without obtaining one |
21 |
| of the aforementioned documentary proofs of ownership.
|
22 |
| (2) For a vehicle, junk vehicle or vehicle cowl |
23 |
| acquired from a person
who is not licensed under this |
24 |
| Chapter, the scrap processor or recyclable metal dealer
|
25 |
| shall verify
and record that person's identity by recording |
26 |
| the identification of such
person from at least 2 sources |
|
|
|
HB4133 Engrossed |
- 3 - |
LRB095 13383 DRH 39052 b |
|
|
1 |
| of identification, one of which shall be a
driver's license |
2 |
| or State Identification Card, on the scrap processor or |
3 |
| recyclable metal dealer's
weight ticket at the time of the |
4 |
| acquisition. The person
disposing of the vehicle, junk |
5 |
| vehicle, or vehicle cowl shall furnish the
scrap processor |
6 |
| or recyclable metal dealer with documentary proof of |
7 |
| ownership of the vehicle, junk
vehicle, or vehicle cowl in |
8 |
| one of the following forms: a Certificate of
Title, a |
9 |
| Salvage Certificate, a Junking Certificate, a Secretary of |
10 |
| State
Junking Manifest, a Certificate of Purchase, or other |
11 |
| similar documentary
proof of ownership. The scrap |
12 |
| processor or recyclable metal dealer shall not acquire a |
13 |
| vehicle, junk
vehicle or vehicle cowl without obtaining one |
14 |
| of the aforementioned
documentary proofs of ownership.
|
15 |
| (3) In addition to the other information required on |
16 |
| the scrap processor or recyclable metal dealer's
weight |
17 |
| ticket, a scrap processor or recyclable metal dealer who at |
18 |
| the time of acquisition of a
vehicle, junk vehicle, or |
19 |
| vehicle cowl is furnished a Certificate of Title,
Salvage |
20 |
| Certificate or Certificate of Purchase shall record the |
21 |
| vehicle
Identification Number on the weight ticket or affix |
22 |
| a copy of the
Certificate of Title, Salvage Certificate or |
23 |
| Certificate of Purchase to the
weight ticket and the |
24 |
| identification of the person acquiring the
information on |
25 |
| the behalf of the scrap processor or recyclable metal |
26 |
| dealer.
|
|
|
|
HB4133 Engrossed |
- 4 - |
LRB095 13383 DRH 39052 b |
|
|
1 |
| (4) The scrap processor or recyclable metal dealer
|
2 |
| shall maintain a copy of a Junk Vehicle
Notification |
3 |
| relating to any Certificate
of Title, Salvage Certificate, |
4 |
| Certificate of Purchase or similarly
acceptable |
5 |
| out-of-state document surrendered to the Secretary of |
6 |
| State
pursuant to the provisions of Section 3-117.2 of this |
7 |
| Code.
|
8 |
| (5) For recyclable
scrap metals valued at $100 or more, |
9 |
| the scrap processor or recyclable metal dealer shall verify |
10 |
| and record the identity of the person from whom the |
11 |
| recyclable
scrap metals were acquired by recording the |
12 |
| identification of that person from one source of |
13 |
| identification, which shall be a driver's license or State |
14 |
| Identification Card, on the scrap processor or recyclable |
15 |
| metal dealer's weight ticket at the time of the |
16 |
| acquisition. The inspection of records pertaining only to |
17 |
| recyclable
scrap metals shall not be counted as an |
18 |
| inspection of a premises for purposes of subparagraph (7) |
19 |
| of Section 5-403 of this Code.
|
20 |
| This subdivision (a)(5) does not apply to
electrical |
21 |
| contractors, to agencies or instrumentalities of the State |
22 |
| of
Illinois or of the United States, to common carriers, to |
23 |
| purchases from
persons, firms, or corporations regularly |
24 |
| engaged in the business of
manufacturing recyclable metal, |
25 |
| in the business of selling recyclable metal at retail or
|
26 |
| wholesale, or in the business of razing, demolishing, |
|
|
|
HB4133 Engrossed |
- 5 - |
LRB095 13383 DRH 39052 b |
|
|
1 |
| destroying, or removing
buildings, to the purchase by one |
2 |
| recyclable metal dealer from another, or the
purchase from |
3 |
| persons, firms, or corporations engaged in either the
|
4 |
| generation, transmission, or distribution of electric |
5 |
| energy or in
telephone, telegraph, and other |
6 |
| communications if such common carriers,
persons, firms, or |
7 |
| corporations at the time of the purchase provide the |
8 |
| recyclable metal
dealer with a bill of sale or other |
9 |
| written evidence of title to the recyclable metal. This |
10 |
| subdivision (a)(5) also does not apply to contractual |
11 |
| arrangements between dealers.
|
12 |
| (b) Any licensee or recyclable metal dealer who knowingly |
13 |
| fails to record any of the specific
information required to be |
14 |
| recorded on the weight ticket or who knowingly
fails to acquire |
15 |
| and maintain for 3 years documentary proof of ownership in
one |
16 |
| of the prescribed forms shall be guilty of a Class A |
17 |
| misdemeanor and
subject to a fine not to exceed $1,000. Each |
18 |
| violation shall constitute a
separate and distinct offense and |
19 |
| a separate count may be brought in the
same complaint for each |
20 |
| violation. Any licensee or recyclable metal dealer who commits |
21 |
| a second
violation of this Section within two years of a |
22 |
| previous conviction of a
violation of this Section shall be |
23 |
| guilty of a Class 4 felony.
|
24 |
| (c) It shall be an affirmative defense to an offense |
25 |
| brought under
paragraph (b) of this Section that the licensee |
26 |
| or recyclable metal dealer or person required to be
licensed |
|
|
|
HB4133 Engrossed |
- 6 - |
LRB095 13383 DRH 39052 b |
|
|
1 |
| both reasonably and in good faith relied on information |
2 |
| appearing
on a Certificate of Title, a Salvage Certificate, a |
3 |
| Junking Certificate, a
Secretary of State Manifest, a Secretary |
4 |
| of State's Uniform Invoice, a
Certificate of Purchase, or other |
5 |
| documentary proof of ownership prepared
under Section 3-117.1 |
6 |
| (a) of this Code, relating to the transaction for
which the |
7 |
| required record was not kept which was supplied to the licensee |
8 |
| or recyclable metal dealer
by another licensee or recyclable |
9 |
| metal dealer or an out-of-state dealer.
|
10 |
| (d) No later than 15 days prior to going out of business, |
11 |
| selling the
business, or transferring the ownership of the |
12 |
| business, the scrap
processor or recyclable metal dealer shall |
13 |
| notify the Secretary of that fact. Failure to so notify
the |
14 |
| Secretary of State shall constitute a failure to keep
records |
15 |
| under this Section.
|
16 |
| (e) Evidence derived directly or indirectly from the |
17 |
| keeping of records
required to be kept under this Section shall |
18 |
| not be admissible in a
prosecution of the licensee or |
19 |
| recyclable metal dealer for an alleged violation of Section |
20 |
| 4-102
(a)(3) of this Code.
|
21 |
| (Source: P.A. 95-253, eff. 1-1-08.)
|
22 |
| (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
|
23 |
| Sec. 5-403. (1) Authorized representatives of the |
24 |
| Secretary of State
including officers of the Secretary of |
25 |
| State's Department of Police, other
peace officers, and such |
|
|
|
HB4133 Engrossed |
- 7 - |
LRB095 13383 DRH 39052 b |
|
|
1 |
| other individuals as the Secretary may designate
from time to |
2 |
| time shall make inspections of individuals and facilities |
3 |
| licensed
or required to be licensed under Chapter 5 of the |
4 |
| Illinois Vehicle Code
for the purpose of reviewing records |
5 |
| required to be maintained under
Chapter 5 for accuracy and |
6 |
| completeness and reviewing and examining the
premises of the |
7 |
| licensee's established or additional place of business
for the |
8 |
| purpose of determining the accuracy of the required records.
|
9 |
| Premises that may be inspected in order to determine the |
10 |
| accuracy of the
books and records required to be kept includes |
11 |
| all premises used by the
licensee to store vehicles and parts |
12 |
| that are reflected by the required books and records.
|
13 |
| (2) Persons having knowledge of or conducting inspections |
14 |
| pursuant to
this Chapter shall not in advance of such |
15 |
| inspections knowingly notify a
licensee or representative of a |
16 |
| licensee of the contemplated inspection
unless the Secretary or |
17 |
| an individual designated by him for this purpose
authorizes |
18 |
| such notification. Any individual who, without authorization,
|
19 |
| knowingly violates this subparagraph shall be guilty of a Class |
20 |
| A misdemeanor.
|
21 |
| (3) The licensee or a representative of the licensee shall |
22 |
| be entitled
to be present during an inspection conducted |
23 |
| pursuant to Chapter 5, however,
the presence of the licensee or |
24 |
| an authorized representative of the licensee
is not a condition |
25 |
| precedent to such an inspection.
|
26 |
| (4) Inspection conducted pursuant to Chapter 5 may be |
|
|
|
HB4133 Engrossed |
- 8 - |
LRB095 13383 DRH 39052 b |
|
|
1 |
| initiated at any
time that business is being conducted or work |
2 |
| is being performed, whether
or not open to the public or when |
3 |
| the licensee or a representative of the
licensee, other than a |
4 |
| mere custodian or watchman, is present. The fact
that a |
5 |
| licensee or representative of the licensee leaves the licensed |
6 |
| premises
after an inspection has been initiated shall not |
7 |
| require the termination
of the inspection.
|
8 |
| (5) Any inspection conducted pursuant to Chapter 5 shall |
9 |
| not continue
for more than 24 hours after initiation.
|
10 |
| (6) In the event information comes to the attention of the |
11 |
| individuals
conducting an inspection that may give rise to the |
12 |
| necessity of obtaining
a search warrant, and in the event steps |
13 |
| are initiated for the procurement
of a search warrant, the |
14 |
| individuals conducting such inspection may take
all necessary |
15 |
| steps to secure the premises under inspection until the warrant
|
16 |
| application is acted upon by a judicial officer.
|
17 |
| (7) No more than 6 inspections of a premises may be |
18 |
| conducted pursuant
to Chapter 5 within any 6 month period |
19 |
| except pursuant to a search warrant.
Notwithstanding this |
20 |
| limitation, nothing in this subparagraph (7) shall be
construed |
21 |
| to limit the authority of law enforcement agents to respond to
|
22 |
| public complaints of violations of the Code. For the purpose of |
23 |
| this
subparagraph (7), a public complaint is one in which the |
24 |
| complainant identifies
himself or herself and sets forth, in |
25 |
| writing, the specific basis for their
complaint against the |
26 |
| licensee. For the purpose of this subparagraph (7), the |
|
|
|
HB4133 Engrossed |
- 9 - |
LRB095 13383 DRH 39052 b |
|
|
1 |
| inspection of records pertaining only to recyclable
scrap |
2 |
| metals, as provided in subdivision (a)(5) of Section 5-401.3 of |
3 |
| this Code, shall not be counted as an inspection of a premises.
|
4 |
| (8) Nothing in this Section shall be construed to limit the |
5 |
| authority
of individuals by the Secretary pursuant to this |
6 |
| Section to conduct searches
of licensees pursuant to a duly |
7 |
| issued and authorized search warrant.
|
8 |
| (9) Any licensee who, having been informed by a person |
9 |
| authorized to
make inspections and examine records under this |
10 |
| Section that he desires to
inspect records and the licensee's |
11 |
| premises as authorized by this Section,
refuses either to |
12 |
| produce for that person records required to be kept by
this |
13 |
| Chapter or to permit such authorized person to make an |
14 |
| inspection of
the premises in accordance with this Section |
15 |
| shall subject the license to
immediate suspension by the |
16 |
| Secretary of State.
|
17 |
| (10) Beginning July 1, 1988, any person licensed under |
18 |
| 5-302 shall
produce for inspection upon demand those records |
19 |
| pertaining to the
acquisition of salvage vehicles in this |
20 |
| State. This inspection may be
conducted at the principal |
21 |
| offices of the Secretary of State.
|
22 |
| (Source: P.A. 95-253, eff. 1-1-08.)
|
23 |
| Section 99. Effective date. This Act takes effect January |
24 |
| 1, 2008.
|