Full Text of HB1654 95th General Assembly
HB1654eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| 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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| 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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| 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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| 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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| processors, salvage yards, collectors of
or dealers in junk, | 2 |
| and junk carts or trucks.
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| (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
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| 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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| when acting as an automotive parts
recycler.
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| (1) For a vehicle, junk vehicle, or vehicle cowl | 25 |
| acquired from a person
who is licensed under this Chapter, |
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| 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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| 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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| (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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| 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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| scrap processor or recyclable metal dealer with | 2 |
| documentary proof of ownership of the vehicle, junk
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| 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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| 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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| documentary proofs of ownership.
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| (3) In addition to the other information required on | 12 |
| the scrap processor or recyclable metal dealer's
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| 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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| 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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| (4) The scrap processor or recyclable metal dealer
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| 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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| 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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| (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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| 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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| 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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| generation, transmission, or distribution of electric | 26 |
| energy or in
telephone, telegraph, and other |
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| 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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| (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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| (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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| (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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| (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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| (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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| (Source: P.A. 90-89, eff. 1-1-98.)
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| (625 ILCS 5/5-401.4 new)
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| 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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| 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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| (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
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| 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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| 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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| 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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| (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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| knowingly violates this subparagraph shall be guilty of a Class | 16 |
| A misdemeanor.
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| (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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| (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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| 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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| (5) Any inspection conducted pursuant to Chapter 5 shall | 5 |
| not continue
for more than 24 hours after initiation.
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| (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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| application is acted upon by a judicial officer.
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| (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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| 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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| (8) Nothing in this Section shall be construed to limit the |
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| 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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| (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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| (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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| (Source: P.A. 86-444.)
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