95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5852


 
Introduced , by Rep. Tom Cross - Jim Sacia
 
SYNOPSIS AS INTRODUCED:
 		








  



625 ILCS 5/5-401.3
  from Ch. 95 1/2, par. 5-401.3







    Amends the Illinois Vehicle Code. Makes a technical change in a Section
concerning scrap processors and recyclable metal dealers.
















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A BILL FOR









 











HB5852

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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 
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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 
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dealers required to keep records. 
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    (a) Every person licensed or required to be licensed as a 
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scrap processor
pursuant to Section 5-301 of this Chapter, and 
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every recyclable metal dealer as defined in Section 1-169.3 of 
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this Code, shall maintain for 3 years, at
his established place 
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of business, the the following records relating to the

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acquisition of scrap metals or the acquisition of a vehicle, 
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junk vehicle, or vehicle cowl which has been
acquired for the 
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purpose of processing into a form other than a vehicle,
junk 
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vehicle or vehicle cowl which is possessed in the State or 
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brought
into this State from another state, territory or 
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country.
No scrap metal processor or recyclable metal dealer 
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shall sell a vehicle or essential part, as such,
except for 
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engines, transmissions, and powertrains, unless licensed to do 
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so
under another provision of this Code.  A scrap processor or 
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recyclable metal dealer who is additionally
licensed as an 
 


 






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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 
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dealer
when acting as an automotive parts
recycler.

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        (1) For a vehicle, junk vehicle, or vehicle cowl 
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    acquired from a person
who is licensed under this Chapter, 
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    the scrap processor or recyclable metal dealer shall record 
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    the
name and address of the person, and the Illinois or 
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    out-of-state dealer
license number of such person on the 
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    scrap processor or recyclable metal dealer's

weight ticket 
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    at the
time of the acquisition. The person disposing of the 
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    vehicle, junk vehicle,
or vehicle cowl shall furnish the 
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    scrap processor or recyclable metal dealer with 
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    documentary proof of
ownership of the vehicle, junk 
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    vehicle, or vehicle cowl in one of the
following forms:  a 
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    Certificate of Title, a Salvage Certificate, a Junking

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    Certificate, a Secretary of State Junking Manifest, a 
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    Uniform Invoice, a
Certificate of Purchase, or other 
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    similar documentary proof of ownership.
The scrap 
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    processor or recyclable metal dealer shall not acquire a 
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    vehicle, junk vehicle or vehicle
cowl without obtaining one 
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    of the aforementioned documentary proofs of ownership.

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        (2) For a vehicle, junk vehicle or vehicle cowl 
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    acquired from a person
who is not licensed under this 
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    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 
 


 






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    of identification, one of which shall be a
driver's license 
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    or State Identification Card, on the scrap processor or 
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    recyclable metal dealer's

weight ticket at the time of the 
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    acquisition.  The person
disposing of the vehicle, junk 
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    vehicle, or vehicle cowl shall furnish the
scrap processor 
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    or recyclable metal dealer with documentary proof of 
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    ownership of the vehicle, junk
vehicle, or vehicle cowl in 
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    one of the following forms:  a Certificate of
Title, a 
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    Salvage Certificate, a Junking Certificate, a Secretary of 
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    State
Junking Manifest, a Certificate of Purchase, or other 
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    similar documentary
proof of ownership.  The scrap 
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    processor or recyclable metal dealer shall not acquire a 
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    vehicle, junk
vehicle or vehicle cowl without obtaining one 
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    of the aforementioned
documentary proofs of ownership.

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        (3) In addition to the other information required on 
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    the scrap processor or recyclable metal dealer's
 weight 
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    ticket, a scrap processor or recyclable metal dealer who at 
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    the time of acquisition of a
vehicle, junk vehicle, or 
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    vehicle cowl is furnished a Certificate of Title,
Salvage 
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    Certificate or Certificate of Purchase shall record the 
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    vehicle
Identification Number on the weight ticket or affix 
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    a copy of the
Certificate of Title, Salvage Certificate or 
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    Certificate of Purchase to the
weight ticket and the 
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    identification of the person acquiring the
information on 
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    the behalf of the scrap processor or recyclable metal 
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    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 
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    relating to any Certificate
of Title, Salvage Certificate, 
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    Certificate of Purchase or similarly
acceptable 
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    out-of-state document surrendered to the Secretary of 
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    State
pursuant to the provisions of Section 3-117.2 of this 
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    Code.

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        (5) For scrap metals valued at $100 or more, the scrap 
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    processor or recyclable metal dealer shall verify and 
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    record the identity of the person from whom the scrap 
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    metals were acquired by recording the identification of 
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    that person from one source of identification, which shall 
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    be a driver's license or State Identification Card, on the 
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    scrap processor or recyclable metal dealer's weight ticket 
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    at the time of the acquisition. The inspection of records 
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    pertaining only to scrap metals shall not be counted as an 
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    inspection of a premises for purposes of subparagraph (7) 
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    of Section 5-403 of this Code.

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        This subdivision (a)(5)  does not apply to
electrical 
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    contractors, to agencies or instrumentalities of the State 
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    of
Illinois or of the United States, to common carriers, to 
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    purchases from
persons, firms, or corporations regularly 
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    engaged in the business of
manufacturing recyclable metal, 
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    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 
 


 






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    recyclable metal dealer from another, or the
purchase from 
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    persons, firms, or corporations engaged in either the

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    generation, transmission, or distribution of electric 
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    energy or in
telephone, telegraph, and other 
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    communications if such common carriers,
persons, firms, or 
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    corporations at the time of the purchase provide the 
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    recyclable metal
 dealer with a bill of sale or other 
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    written evidence of title to the recyclable metal. This 
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    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 
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fails to record any of the specific
information required to be 
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recorded on the weight ticket or who knowingly
fails to acquire 
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and maintain for 3 years documentary proof of ownership in
one 
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of the prescribed forms shall be guilty of a Class A 
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misdemeanor and
subject to a fine not to exceed $1,000.  Each 
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violation shall constitute a
separate and distinct offense and 
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a separate count may be brought in the
same complaint for each 
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violation.  Any licensee or recyclable metal dealer who commits 
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a second
violation of this Section within two years of a 
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previous conviction of a
violation of this Section shall be 
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guilty of a Class 4 felony.

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    (c) It shall be an affirmative defense to an offense 
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brought under
paragraph (b) of this Section that the licensee 
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or recyclable metal dealer or person required to be
licensed 
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both reasonably and in good faith relied on information 
 


 






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appearing
on a Certificate of Title, a Salvage Certificate, a 
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Junking Certificate, a
Secretary of State Manifest, a Secretary 
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of State's Uniform Invoice, a
Certificate of Purchase, or other 
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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 
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required record was not kept which was supplied to the licensee 
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or recyclable metal dealer
by another licensee or recyclable 
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metal dealer or an out-of-state dealer.

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    (d) No later than 15 days prior to going out of business, 
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selling the
business, or transferring the ownership of the 
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business, the scrap
processor or recyclable metal dealer shall 
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notify the Secretary of that fact.  Failure to so notify
the 
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Secretary of State shall constitute a failure to keep
records 
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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 
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not be admissible in a
prosecution of the licensee or 
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recyclable metal dealer for an alleged violation of Section 
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4-102
(a)(3) of this Code.

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(Source: P.A. 95-253, eff. 1-1-08.)