102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4168
 
Introduced 10/19/2021, by Rep. La Shawn K. Ford
 
SYNOPSIS AS INTRODUCED:
 

 
  
815 ILCS 325/4.1
815 ILCS 325/8  from Ch. 121 1/2, par. 328

     Amends the Recyclable Metal Purchase Registration Law. Requires an automotive parts recycler or scrap processor who purchases or attempts to purchase a catalytic converter to require the person selling or attempting to sell a catalytic converter to provide a driver's license or other government-issued identification. Requires an automotive parts recycler or scrap processor to maintain a log documenting the name and address of the person selling the catalytic converter and the date and time of the transaction. Requires the log to be maintained for not less than 4 years and to be made available for inspection and copying by any law enforcement officer upon request of that officer. Provides that no automotive parts recycler or scrap processor shall purchase more than 2 catalytic converters from a person in a single transaction. Provides that a recyclable metal dealer or other person who fails to comply with specified requirements shall be fined $5,000 in addition to any other penalty imposed by the court.
  


LRB102 20554 LNS 29420 b

 
 
A BILL FOR
 

  
HB4168LRB102 20554 LNS 29420 b


  
1    AN ACT concerning business.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Recyclable Metal Purchase Registration Law 
5is 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 
9attempt to sell, or for any recyclable metal dealer to 
10purchase 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 
 
 
HB4168- 2 -LRB102 20554 LNS 29420 b

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 
25written documentation reasonably demonstrating that the seller 
26is the owner of the recyclable metal material or is authorized 
 
 
HB4168- 3 -LRB102 20554 LNS 29420 b

1to sell the material on behalf of the owner.  The recyclable 
2metal dealer shall copy any such documentation and maintain it 
3along with the purchase record required by Section 3 of this 
4Act.

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 
8person who knowingly fails to comply with this Act is guilty
of 
9a Class A misdemeanor for the first offense, and a Class 4 
10felony for the second or subsequent offense. Each day that any 
11recyclable metal dealer so fails to
comply shall constitute a 
12separate offense. A recyclable metal dealer or other person 
13who fails to comply with paragraph (4) of Section 4.1 shall be 
14fined $5,000 in addition to any other penalty imposed by the 
15court.

16(Source: P.A. 97-923, eff. 1-1-13.)