Full Text of HB4168 102nd General Assembly
HB4168eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Recyclable Metal Purchase Registration Law | 5 | | is amended by changing Sections 4.1 and 8 as follows: | 6 | | (815 ILCS 325/4.1) | 7 | | Sec. 4.1. Restricted purchases. | 8 | | (a) It is a violation of this Act for any person to sell or | 9 | | attempt to sell, or for any recyclable metal dealer to | 10 | | purchase or attempt to purchase, any of the following: | 11 | | (1) materials that are clearly marked as property | 12 | | belonging to a business or someone else other than the | 13 | | seller; | 14 | | (2) property associated with use by governments, | 15 | | utilities, or railroads including, but not limited to, | 16 | | guardrails, manhole covers, electric transmission and | 17 | | distribution equipment, including transformers, grounding | 18 | | straps, wires or poles, historical markers, street signs, | 19 | | traffic signs, sewer grates, or any rail, switch | 20 | | component, spike, angle bar, tie plate, or bolt of the | 21 | | type used in constructing railroad track; | 22 | | (3) cemetery plaques or ornaments; or | 23 | | (4) any catalytic converter not attached to a motor |
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| 1 | | vehicle at the time of the transaction unless the seller | 2 | | is licensed as an automotive parts recycler or scrap | 3 | | processor. The following provisions apply to the sale or | 4 | | purchase of a catalytic converter: | 5 | | (A) An automotive parts recycler or scrap | 6 | | processor who purchases or attempts to purchase a | 7 | | catalytic converter under this paragraph shall require | 8 | | the person selling or attempting to sell a catalytic | 9 | | converter to provide a driver's license or other | 10 | | government-issued identification showing the person's | 11 | | name, date of birth, and photograph. | 12 | | (B) An automotive parts recycler or scrap | 13 | | processor shall maintain a log documenting the name | 14 | | and address of the person selling the catalytic | 15 | | converter and the date and time of the transaction. | 16 | | The person selling the catalytic converter is required | 17 | | to sign such log. The log shall be maintained for not | 18 | | less than 4 years and shall be made available for | 19 | | inspection and copying by any law enforcement officer | 20 | | upon request of that officer. | 21 | | (C) No automotive parts recycler or scrap | 22 | | processor shall purchase more than 2 catalytic | 23 | | converters from a person in a single transaction. | 24 | | (b) This Section shall not apply when the seller produces | 25 | | written documentation reasonably demonstrating that the seller | 26 | | is the owner of the recyclable metal material or is authorized |
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| 1 | | to sell the material on behalf of the owner. The recyclable | 2 | | metal dealer shall copy any such documentation and maintain it | 3 | | along with the purchase record required by Section 3 of this | 4 | | Act.
| 5 | | (Source: P.A. 97-923, eff. 1-1-13.)
| 6 | | (815 ILCS 325/8) (from Ch. 121 1/2, par. 328)
| 7 | | Sec. 8. Penalty. Any recyclable metal dealer or other | 8 | | person who knowingly fails to comply with this Act is guilty
of | 9 | | a Class A misdemeanor for the first offense, and a Class 4 | 10 | | felony for the second or subsequent offense. Each day that any | 11 | | recyclable metal dealer so fails to
comply shall constitute a | 12 | | separate offense. A recyclable metal dealer or other person | 13 | | who fails to comply with paragraph (4) of Section 4.1 shall be | 14 | | fined $5,000 in addition to any other penalty imposed by the | 15 | | court.
| 16 | | (Source: P.A. 97-923, eff. 1-1-13.)
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