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Public Act 095-0979
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| HB4668 Enrolled |
LRB095 15342 HLH 41330 b |
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AN ACT concerning safety.
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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 |
Sections 5-401.3, 5-401.4, and 5-403 and by adding Section |
5-404 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 |
dealers required to keep records. |
(a) Every person licensed or required to be licensed as a |
scrap processor
pursuant to Section 5-301 of this Chapter, and |
every recyclable metal dealer as defined in Section 1-169.3 of |
this Code, shall maintain for 3 years, at
his established place |
of business, the following records relating to the
acquisition |
of recyclable metals scrap metals or the acquisition of a |
vehicle, junk vehicle, or vehicle cowl which has been
acquired |
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 |
brought
into this State from another state, territory or |
country.
No scrap metal processor or recyclable metal dealer |
shall sell a vehicle or essential part, as such,
except for |
engines, transmissions, and powertrains, unless licensed to do |
so
under another provision of this Code. A scrap processor or |
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recyclable metal dealer who is additionally
licensed as an |
automotive parts recycler shall not be subject to the record
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keeping requirements for a scrap processor or recyclable metal |
dealer
when acting as an automotive parts
recycler.
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(1) For a vehicle, junk vehicle, or vehicle cowl |
acquired from a person
who is licensed under this Chapter, |
the scrap processor or recyclable metal dealer shall record |
the
name and address of the person, and the Illinois or |
out-of-state dealer
license number of such person on the |
scrap processor's processor or recyclable metal dealer's
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weight ticket at the
time of the acquisition. The person |
disposing of the vehicle, junk vehicle,
or vehicle cowl |
shall furnish the scrap processor or recyclable metal |
dealer with documentary proof of
ownership of the vehicle, |
junk vehicle, or vehicle cowl in one of the
following |
forms: a Certificate of Title, a Salvage Certificate, a |
Junking
Certificate, a Secretary of State Junking |
Manifest, a Uniform Invoice, a
Certificate of Purchase, or |
other similar documentary proof of ownership.
The scrap |
processor or recyclable metal dealer shall not acquire a |
vehicle, junk vehicle or vehicle
cowl without obtaining one |
of the aforementioned documentary proofs of ownership.
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(2) For a vehicle, junk vehicle or vehicle cowl |
acquired from a person
who is not licensed under this |
Chapter, the scrap processor or recyclable metal dealer
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shall verify
and record that person's identity by recording |
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the identification of such
person from at least 2 sources |
of identification, one of which shall be a
driver's license |
or State Identification Card, on the scrap processor's |
processor or recyclable metal dealer's
weight ticket at the |
time of the acquisition. The person
disposing of the |
vehicle, junk vehicle, or vehicle cowl shall furnish the
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scrap processor or recyclable metal dealer with |
documentary proof of ownership of the vehicle, junk
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vehicle, or vehicle cowl in one of the following forms: a |
Certificate of
Title, a Salvage Certificate, a Junking |
Certificate, a Secretary of State
Junking Manifest, a |
Certificate of Purchase, or other similar documentary
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proof of ownership. The scrap processor or recyclable metal |
dealer shall not acquire a vehicle, junk
vehicle or vehicle |
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 |
the scrap processor's processor or recyclable metal |
dealer's
weight ticket, a scrap processor or recyclable |
metal dealer who at the time of acquisition of a
vehicle, |
junk vehicle, or vehicle cowl is furnished a Certificate of |
Title,
Salvage Certificate or Certificate of Purchase |
shall record the Vehicle vehicle
Identification Number on |
the weight ticket or affix a copy of the
Certificate of |
Title, Salvage Certificate or Certificate of Purchase to |
the
weight ticket and the identification of the person |
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acquiring the
information on the behalf of the scrap |
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 |
relating to any Certificate
of Title, Salvage Certificate, |
Certificate of Purchase or similarly
acceptable |
out-of-state document surrendered to the Secretary of |
State
pursuant to the provisions of Section 3-117.2 of this |
Code.
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(5) For recyclable metals scrap metals valued at $100 |
or more, the scrap processor or recyclable metal dealer |
shall, for each transaction, verify and record the identity |
of the person from whom the recyclable metals scrap metals |
were acquired by verifying recording the identification of |
that person from one source of identification, which shall |
be a valid driver's license or State Identification Card, |
on the scrap processor's processor or recyclable metal |
dealer's weight ticket at the time of the acquisition and |
by making and recording a photocopy or electronic scan of |
the driver's license or State Identification Card. Such |
information shall be available for inspection by any law |
enforcement official. If the person delivering the |
recyclable metal does not have a valid driver's license or |
State Identification Card, the scrap processor shall not |
complete the transaction. The inspection of records |
pertaining only to recyclable scrap metals shall not be |
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counted as an inspection of a premises for purposes of |
subparagraph (7) of Section 5-403 of this Code.
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This subdivision (a)(5) does not apply to
electrical |
contractors, to agencies or instrumentalities of the State |
of
Illinois or of the United States, to common carriers, to |
purchases from
persons, firms, or corporations regularly |
engaged in the business of
manufacturing recyclable metal, |
in the business of selling recyclable metal at retail or
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wholesale, or in the business of razing, demolishing, |
destroying, or removing
buildings, to the purchase by one |
recyclable metal dealer from another, or the
purchase from |
persons, firms, or corporations engaged in either the
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generation, transmission, or distribution of electric |
energy or in
telephone, telegraph, and other |
communications if such common carriers,
persons, firms, or |
corporations at the time of the purchase provide the |
recyclable metal
dealer with a bill of sale or other |
written evidence of title to the recyclable metal. This |
subdivision (a)(5) also does not apply to contractual |
arrangements between dealers.
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(b) Any licensee or recyclable metal dealer who knowingly |
fails to record any of the specific
information required to be |
recorded on the weight ticket required under any other |
subsection of this Section, or Section 5-401 of this Code, or |
who knowingly
fails to acquire and maintain for 3 years |
documentary proof of ownership in
one of the prescribed forms |
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shall be guilty of a Class A misdemeanor and
subject to a fine |
not to exceed $1,000. Each violation shall constitute a
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separate and distinct offense and a separate count may be |
brought in the
same complaint for each violation. Any licensee |
or recyclable metal dealer who commits a second
violation of |
this Section within two years of a previous conviction of a
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violation of this Section shall be guilty of a Class 4 felony.
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(c) It shall be an affirmative defense to an offense |
brought under
paragraph (b) of this Section that the licensee |
or recyclable metal dealer or person required to be
licensed |
both reasonably and in good faith relied on information |
appearing
on a Certificate of Title, a Salvage Certificate, a |
Junking Certificate, a
Secretary of State Manifest, a Secretary |
of State's Uniform Invoice, a
Certificate of Purchase, or other |
documentary proof of ownership prepared
under Section 3-117.1 |
(a) of this Code, relating to the transaction for
which the |
required record was not kept which was supplied to the licensee |
or recyclable metal dealer
by another licensee or recyclable |
metal dealer or an out-of-state dealer.
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(d) No later than 15 days prior to going out of business, |
selling the
business, or transferring the ownership of the |
business, the scrap
processor or recyclable metal dealer shall |
notify the Secretary of that fact. Failure to so notify
the |
Secretary of State shall constitute a failure to keep
records |
under this Section.
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(e) Evidence derived directly or indirectly from the |
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keeping of records
required to be kept under this Section shall |
not be admissible in a
prosecution of the licensee or |
recyclable metal dealer for an alleged violation of Section |
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 5/5-401.4)
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Sec. 5-401.4. Purchase of beer kegs by scrap processors and |
recyclable metal dealers. |
(a) A scrap processor or recyclable metal dealer may not |
purchase metal beer kegs from any person other than the beer |
manufacturer whose identity is printed, stamped, attached, or |
otherwise displayed on the beer keg, or the manufacturer's |
authorized representative. |
(b) The purchaser shall obtain a proof of ownership record |
from a person selling the beer keg, including any person |
selling a beer keg with an indicia of ownership that is |
obliterated, unreadable, or missing, and shall also verify the |
seller's identity by a driver's license or other |
government-issued photo identification. The proof of ownership |
record shall include all of the following information: |
(1) The name, address, telephone number, and signature |
of the
seller or the seller's authorized representative. |
(2) The name and address of the buyer, or consignee if |
not sold. |
(3) A description of the beer keg, including its |
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capacity and any indicia of ownership or other |
distinguishing marks appearing on the exterior surface. |
(4) The date of transaction. |
(c) The information required to be collected by this |
Section shall
be kept for one year from the date of purchase or |
delivery,
whichever is later.
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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 |
Secretary of State
including officers of the Secretary of |
State's Department of Police, other
peace officers, and such |
other individuals as the Secretary may designate
from time to |
time shall make inspections of individuals and facilities |
licensed
or required to be licensed under Chapter 5 of the |
Illinois Vehicle Code
for the purpose of reviewing records |
required to be maintained under
Chapter 5 for accuracy and |
completeness and reviewing and examining the
premises of the |
licensee's established or additional place of business
for the |
purpose of determining the accuracy of the required records.
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Premises that may be inspected in order to determine the |
accuracy of the
books and records required to be kept includes |
all premises used by the
licensee to store vehicles and parts |
that are reflected by the required books and records.
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(2) Persons having knowledge of or conducting inspections |
pursuant to
this Chapter shall not in advance of such |
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inspections knowingly notify a
licensee or representative of a |
licensee of the contemplated inspection
unless the Secretary or |
an individual designated by him for this purpose
authorizes |
such notification. Any individual who, without authorization,
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knowingly violates this subparagraph shall be guilty of a Class |
A misdemeanor.
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(3) The licensee or a representative of the licensee shall |
be entitled
to be present during an inspection conducted |
pursuant to Chapter 5, however,
the presence of the licensee or |
an authorized representative of the licensee
is not a condition |
precedent to such an inspection.
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(4) Inspection conducted pursuant to Chapter 5 may be |
initiated at any
time that business is being conducted or work |
is being performed, whether
or not open to the public or when |
the licensee or a representative of the
licensee, other than a |
mere custodian or watchman, is present. The fact
that a |
licensee or representative of the licensee leaves the licensed |
premises
after an inspection has been initiated shall not |
require the termination
of the inspection.
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(5) Any inspection conducted pursuant to Chapter 5 shall |
not continue
for more than 24 hours after initiation.
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(6) In the event information comes to the attention of the |
individuals
conducting an inspection that may give rise to the |
necessity of obtaining
a search warrant, and in the event steps |
are initiated for the procurement
of a search warrant, the |
individuals conducting such inspection may take
all necessary |
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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 |
conducted pursuant
to Chapter 5 within any 6 month period |
except pursuant to a search warrant.
Notwithstanding this |
limitation, nothing in this subparagraph (7) shall be
construed |
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 |
this
subparagraph (7), a public complaint is one in which the |
complainant identifies
himself or herself and sets forth, in |
writing, the specific basis for their
complaint against the |
licensee. For the purpose of this subparagraph (7), the |
inspection of records pertaining only to recyclable scrap |
metals, as provided in subdivision (a)(5) of Section 5-401.3 of |
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 |
authority
of individuals by the Secretary pursuant to this |
Section to conduct searches
of licensees pursuant to a duly |
issued and authorized search warrant.
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(9) Any licensee who, having been informed by a person |
authorized to
make inspections and examine records under this |
Section that he desires to
inspect records and the licensee's |
premises as authorized by this Section,
refuses either to |
produce for that person records required to be kept by
this |
Chapter or to permit such authorized person to make an |
inspection of
the premises in accordance with this Section |
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shall subject the license to
immediate suspension by the |
Secretary of State.
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(10) Beginning July 1, 1988, any person licensed under |
5-302 shall
produce for inspection upon demand those records |
pertaining to the
acquisition of salvage vehicles in this |
State. This inspection may be
conducted at the principal |
offices of the Secretary of State.
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(Source: P.A. 95-253, eff. 1-1-08.)
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(625 ILCS 5/5-404 new) |
Sec. 5-404. Injunctions. The Illinois Attorney General or |
the State's Attorney for the county in which the scrap |
processor is located may initiate an appropriate action in the |
circuit court of the county in which a scrap processor is |
located to prevent the unlawful operation of a scrap processor, |
or to restrain, correct, or abate a violation of this Act, or |
to prevent any illegal act or conduct by the scrap processor.
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(625 ILCS 5/1-169.3 rep.)
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Section 10. The Illinois Vehicle Code is amended by |
repealing Section 1-169.3.
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Section 15. The Copper Purchase Registration Law is amended |
by changing the title of the Act and Sections 1, 2, 3, 5, 7, and |
8 and by adding Sections 4.5 and 9 as follows:
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(815 ILCS 325/Act title)
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An Act to require the registration
of the purchase of |
recyclable metal copper as herein defined, and providing a |
penalty for
the violation thereof.
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(815 ILCS 325/1) (from Ch. 121 1/2, par. 321)
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Sec. 1. Short title. This Act is known and may be cited as |
the Recyclable Metal "Copper Purchase Registration
Law".
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(Source: P.A. 76-1476.)
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(815 ILCS 325/2) (from Ch. 121 1/2, par. 322)
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Sec. 2. Definitions. When used in this Act:
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"Recyclable metal" means any copper, brass, or aluminum, or |
any combination of those metals, purchased by a recyclable |
metal dealer, irrespective of form or quantity,
except that |
"recyclable metal" does not include: (i) items designed to |
contain, or to be used in the preparation of, beverages or food |
for human consumption; (ii) discarded items
of non-commercial |
or household waste; (iii) gold, silver, platinum, and other |
precious metals used in jewelry; or (iv) vehicles, junk |
vehicles, vehicle cowls, or essential vehicle parts. "Copper" |
means any copper, copper alloy or brass bars, cable, ingots,
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rods, tubing, wire, wire scraps, clamps, connectors or other |
appurtenances
utilized or that can be utilized by common |
carriers or by persons, firms,
corporations or municipal |
corporations engaged in either the generation,
transmission or |
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distribution of electric energy or in telephone, telegraph
or |
other communications;
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"Recyclable metal Copper dealer" means any individual, |
firm, corporation or partnership
engaged in the business of |
purchasing and reselling recyclable metal copper either at a
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permanently established place of business or in connection with |
a business
of an itinerant nature, including junk shops, junk |
yards, or junk stores, except that "recyclable metal dealer" |
does not include automotive parts recyclers, scrap processors, |
repairers and rebuilders licensed pursuant to Section 5-301 of |
the Illinois Vehicle Code. Recyclable metal dealers shall not |
be engaged in the business of purchasing or reselling vehicles, |
junk vehicles, vehicle cowls, or essential vehicle parts , auto
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wreckers, scrap metal dealers or processors, salvage yards, |
collectors of
or dealers in junk and junk carts or trucks.
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(Source: P.A. 76-1476.)
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(815 ILCS 325/3) (from Ch. 121 1/2, par. 323)
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Sec. 3. Records of purchases. Except as provided in Section |
5 of this Act every recyclable metal copper dealer in this
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State shall enter on forms provided by the Department of State
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Police or such department as may succeed to its functions, for |
each
purchase of recyclable metal valued at $100 copper |
consisting of 50 pounds or more the following
information:
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1. The name and address of the recyclable metal copper |
dealer;
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2. The date and place of each purchase;
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3. The name and address of the person or persons from |
whom the recyclable metal copper
was purchased, which shall |
be verified from a valid driver's license or State |
Identification Card. The recyclable metal dealer shall |
make and record a photocopy or electronic scan of the |
driver's license or State Identification Card. If the |
person delivering the recyclable metal does not have a |
valid driver's license or State Identification Card, the |
recyclable metal dealer shall not complete the |
transaction;
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4. The motor vehicle license number and state of |
issuance of the motor vehicle license number of the vehicle |
or conveyance on
which the recyclable metal copper was |
delivered to the recyclable metal copper dealer;
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5. A description of the recyclable metal copper |
purchased, including the weight and
whether it consists of |
bars, cable, ingots, rods, tubing, wire, wire
scraps, |
clamps, connectors, or other appurtenances, or some |
combination
thereof.
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A copy of the completed form shall be kept in a separate |
book or
register by the recyclable metal copper dealer and |
shall be retained for a period of 2 years. Such book or |
register shall be made available for inspection by any
law |
enforcement official or the representatives of common carriers |
and
persons, firms, corporations or municipal corporations |
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engaged in either
the generation, transmission or distribution |
of electric energy or engaged
in telephone, telegraph or other |
communications, at any time.
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(Source: P.A. 94-181, eff. 1-1-06.)
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(815 ILCS 325/4.5 new) |
Sec. 4.5. Purchase of beer kegs by recyclable metal |
dealers. |
(a) A recyclable metal dealer may not purchase metal beer |
kegs from any person other than the beer manufacturer whose |
identity is printed, stamped, attached, or otherwise displayed |
on the beer keg, or from the manufacturer's authorized |
representative. |
(b) The purchaser shall obtain a proof of ownership record |
from a person selling the beer keg, including any person |
selling a beer keg with an indicia of ownership that is |
obliterated, unreadable, or missing, and shall also verify the |
seller's identity by a driver's license or other |
government-issued photo identification. The proof of ownership |
record shall include all of the following information: |
(1) The name, address, telephone number, and signature |
of the seller or the seller's authorized representative. |
(2) The name and address of the buyer, or consignee if |
not sold. |
(3) A description of the beer keg, including its |
capacity and any indicia of ownership or other |
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distinguishing marks appearing on the exterior surface. |
(4) The date of transaction. |
(c) The information required to be collected by this |
Section shall be kept for one year from the date of purchase or |
delivery, whichever is later.
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(815 ILCS 325/5) (from Ch. 121 1/2, par. 325)
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Sec. 5. Exemptions. The provisions of Section 3 of this Act |
do not apply to
electrical contractors, to agencies or |
instrumentalities of the State of
Illinois or of the United |
States, to common carriers or to purchases from
persons, firms |
or corporations regularly engaged in the business of
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manufacturing recyclable metal copper, the business of selling |
recyclable metal copper at retail or
wholesale, in the business |
of razing, demolishing, destroying or removing
buildings, to |
the purchase of one recyclable metal copper dealer from another |
or the
purchase from persons, firms or corporations engaged in |
either the
generation, transmission or distribution of |
electric energy or in
telephone, telegraph and other |
communications if such common carriers,
persons, firms or |
corporations at the time of the purchase provide the recyclable |
metal
copper dealer with a bill of sale or other written |
evidence of title to the recyclable metal
copper.
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(Source: P.A. 94-181, eff. 1-1-06.)
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(815 ILCS 325/7) (from Ch. 121 1/2, par. 327)
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Sec. 7. Inapplicability. This Act shall not apply in any |
municipality that which provides for the
registration of |
recyclable metal copper purchased by resolution, ordinance or |
regulation that
which substantially complies with the |
substantive provisions of this Act or
any rule or regulation |
hereunder with the exception of the penalty provisions. The |
fact of such nonapplication shall be
evidenced by a certificate |
of exemption issued by the Department of State
Police or such |
department as may succeed to its functions,
if it finds
that a |
municipal resolution, ordinance, or regulation meeting such
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requirements is being enforced. The Such certificate of |
exemption shall be
available for inspection in the office of |
the municipal clerk. This Act
does not apply in municipalities |
with populations of 1,000,000 or over.
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(Source: P.A. 84-25.)
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(815 ILCS 325/8) (from Ch. 121 1/2, par. 328)
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Sec. 8. Penalty. Any recyclable metal copper dealer who |
knowingly fails to comply with this Act is guilty
of a Class A |
B misdemeanor for the first offense, and a Class 4 felony for |
the second or subsequent offense. Each day that any recyclable |
metal copper dealer so fails to
comply shall constitute a |
separate offense.
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(Source: P.A. 77-2262.)
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(815 ILCS 325/9 new) |
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Sec. 9. Injunctions. The Illinois Attorney General or the |
State's Attorney for the county in which the recyclable metal |
dealer is located may initiate an appropriate action in the |
circuit court of the county in which a recyclable metal dealer |
is located to prevent the unlawful operation of a recyclable |
metal dealer, or to restrain, correct, or abate a violation of |
this Act, or to prevent any illegal act or conduct by the |
recyclable metal dealer.
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Section 99. Effective date. This Act takes effect January |
2, 2009.
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