Full Text of HB4668 95th General Assembly
HB4668ham002 95TH GENERAL ASSEMBLY
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Rep. Monique D. Davis
Filed: 4/8/2008
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09500HB4668ham002 |
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LRB095 15342 HLH 48988 a |
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| AMENDMENT TO HOUSE BILL 4668
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| AMENDMENT NO. ______. Amend House Bill 4668, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Vehicle Code is amended by | 6 |
| changing Section 5-401.3 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 | 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 scrap metals or recyclable metal or the acquisition of a | 16 |
| vehicle, junk vehicle, or vehicle cowl which has been
acquired |
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| for the purpose of processing into a form other than a vehicle,
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| 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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| keeping requirements for a scrap processor or recyclable metal | 11 |
| dealer
when acting as an automotive parts
recycler.
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| (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 or recyclable metal dealer's
weight ticket | 18 |
| at the
time of the acquisition. The person disposing of the | 19 |
| vehicle, junk vehicle,
or vehicle cowl shall furnish the | 20 |
| scrap processor or recyclable metal dealer with | 21 |
| documentary proof of
ownership of the vehicle, junk | 22 |
| vehicle, or vehicle cowl in one of the
following forms: a | 23 |
| Certificate of Title, a Salvage Certificate, a Junking
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| Certificate, a Secretary of State Junking Manifest, a | 25 |
| Uniform Invoice, a
Certificate of Purchase, or other | 26 |
| similar documentary proof of ownership.
The scrap |
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LRB095 15342 HLH 48988 a |
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| 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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| (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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| 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 or | 11 |
| recyclable metal dealer's
weight ticket at the time of the | 12 |
| acquisition. The person
disposing of the vehicle, junk | 13 |
| vehicle, or vehicle cowl shall furnish the
scrap processor | 14 |
| or recyclable metal dealer with documentary proof of | 15 |
| ownership of the vehicle, junk
vehicle, or vehicle cowl in | 16 |
| one of the following forms: a Certificate of
Title, a | 17 |
| Salvage Certificate, a Junking Certificate, a Secretary of | 18 |
| State
Junking Manifest, a Certificate of Purchase, or other | 19 |
| similar documentary
proof of ownership. The scrap | 20 |
| processor or recyclable metal dealer shall not acquire a | 21 |
| vehicle, junk
vehicle or vehicle cowl without obtaining one | 22 |
| of the aforementioned
documentary proofs of ownership.
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| (3) In addition to the other information required on | 24 |
| the scrap processor or recyclable metal dealer's
weight | 25 |
| ticket, a scrap processor or recyclable metal dealer who at | 26 |
| the time of acquisition of a
vehicle, junk vehicle, or |
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| vehicle cowl is furnished a Certificate of Title,
Salvage | 2 |
| Certificate or Certificate of Purchase shall record the | 3 |
| vehicle
Identification Number on the weight ticket or affix | 4 |
| a copy of the
Certificate of Title, Salvage Certificate or | 5 |
| Certificate of Purchase to the
weight ticket and the | 6 |
| identification of the person acquiring the
information on | 7 |
| the behalf of the scrap processor or recyclable metal | 8 |
| 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 | 11 |
| relating to any Certificate
of Title, Salvage Certificate, | 12 |
| Certificate of Purchase or similarly
acceptable | 13 |
| out-of-state document surrendered to the Secretary of | 14 |
| State
pursuant to the provisions of Section 3-117.2 of this | 15 |
| Code.
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| (5) For scrap metals or recyclable metal valued at $100 | 17 |
| or more, the scrap processor or recyclable metal dealer | 18 |
| shall , for each transaction, verify and record the identity | 19 |
| of the person from whom the scrap metals or recyclable | 20 |
| metal were acquired by verifying recording the | 21 |
| identification of that person from one source of | 22 |
| identification, which shall be a valid driver's license or | 23 |
| State Identification Card, on the scrap processor or | 24 |
| recyclable metal dealer's weight ticket at the time of the | 25 |
| acquisition and by making and recording a photocopy or | 26 |
| electronic scan of the driver's license or State |
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| Identification Card. Such information shall be available | 2 |
| for inspection by any law enforcement official. If the | 3 |
| person delivering the scrap metals or recyclable metal does | 4 |
| not have a valid driver's license or State identification | 5 |
| card, the scrap processor or recyclable metal dealer shall | 6 |
| not complete the transaction . The inspection of records | 7 |
| pertaining only to scrap metals shall not be counted as an | 8 |
| inspection of a premises for purposes of subparagraph (7) | 9 |
| of Section 5-403 of this Code.
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| 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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| 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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| 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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| arrangements between dealers.
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| (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 or required under any other | 5 |
| subsection of this Section or who knowingly
fails to acquire | 6 |
| and maintain for 3 years documentary proof of ownership in
one | 7 |
| of the prescribed forms shall be guilty of a Class A | 8 |
| misdemeanor and
subject to a fine not to exceed $1,000. Each | 9 |
| violation shall constitute a
separate and distinct offense and | 10 |
| a separate count may be brought in the
same complaint for each | 11 |
| violation. Any licensee or recyclable metal dealer who commits | 12 |
| a second
violation of this Section within two years of a | 13 |
| previous conviction of a
violation of this Section shall be | 14 |
| guilty of a Class 4 felony.
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| (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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| (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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| (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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| (f) Notwithstanding any other rulemaking authority that | 13 |
| may exist, neither the Governor nor any agency or agency head | 14 |
| under the jurisdiction of the Governor has any authority to | 15 |
| make or promulgate rules to implement or enforce the provisions | 16 |
| of this amendatory Act of the 95th General Assembly. If, | 17 |
| however, the Governor believes that rules are necessary to | 18 |
| implement or enforce the provisions of this amendatory Act of | 19 |
| the 95th General Assembly, the Governor may suggest rules to | 20 |
| the General Assembly by filing them with the Clerk of the House | 21 |
| and the Secretary of the Senate and by requesting that the | 22 |
| General Assembly authorize such rulemaking by law, enact those | 23 |
| suggested rules into law, or take any other appropriate action | 24 |
| in the General Assembly's discretion. Nothing contained in this | 25 |
| amendatory Act of the 95th General Assembly shall be | 26 |
| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise | 2 |
| explicitly given. For the purposes of this paragraph, "rules" | 3 |
| is given the meaning contained in Section 1-70 of the Illinois | 4 |
| Administrative Procedure Act, and "agency" and "agency head" | 5 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 6 |
| the Illinois Administrative Procedure Act to the extent that | 7 |
| such definitions apply to agencies or agency heads under the | 8 |
| jurisdiction of the Governor. | 9 |
| (Source: P.A. 95-253, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.".
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