Full Text of HB4133 95th General Assembly
HB4133 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4133
Introduced , by Rep. John A. Fritchey SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/5-401.3 |
from Ch. 95 1/2, par. 5-401.3 |
625 ILCS 5/5-403 |
from Ch. 95 1/2, par. 5-403 |
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Amends the Illinois Vehicle Code. In provisions dealing with records to be kept by scrap processors and recyclable metal dealers, replaces references to "scrap metals" with references to "recyclable metals". Effective January 1, 2008.
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A BILL FOR
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HB4133 |
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LRB095 13383 DRH 39052 b |
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| AN ACT concerning recyclable metals.
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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 as follows:
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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 | 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 |
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HB4133 |
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LRB095 13383 DRH 39052 b |
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| automotive parts recycler shall not be subject to the record
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| keeping requirements for a scrap processor or recyclable metal | 3 |
| dealer
when acting as an automotive parts
recycler.
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| (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
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| 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.
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| (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
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| shall verify
and record that person's identity by recording | 26 |
| the identification of such
person from at least 2 sources |
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LRB095 13383 DRH 39052 b |
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| 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.
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| (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.
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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 | 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.
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| (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.
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| 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
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| wholesale, or in the business of razing, demolishing, |
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| 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
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| 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.
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| (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.
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| (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 |
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| 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.
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| (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.
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| (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.
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| (Source: P.A. 95-253, eff. 1-1-08.)
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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 | 24 |
| Secretary of State
including officers of the Secretary of | 25 |
| State's Department of Police, other
peace officers, and such |
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| 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.
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| 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.
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| (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,
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| knowingly violates this subparagraph shall be guilty of a Class | 20 |
| A misdemeanor.
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| (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.
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| (4) Inspection conducted pursuant to Chapter 5 may be |
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| 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.
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| (5) Any inspection conducted pursuant to Chapter 5 shall | 9 |
| not continue
for more than 24 hours after initiation.
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| (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
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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 | 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
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| 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 |
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| 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.
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| (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.
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| (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.
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| (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.
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| (Source: P.A. 95-253, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect January | 24 |
| 1, 2008.
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