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Environment & Energy Committee
Filed: 3/12/2008
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09500HB4668ham001 |
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LRB095 15342 HLH 47976 a |
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| AMENDMENT TO HOUSE BILL 4668
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| AMENDMENT NO. ______. Amend House Bill 4668 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by |
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| 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 |
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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 following records relating to the
acquisition |
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| of scrap metals or recyclable metal or the acquisition of a |
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| 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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09500HB4668ham001 |
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LRB095 15342 HLH 47976 a |
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| junk 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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09500HB4668ham001 |
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LRB095 15342 HLH 47976 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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LRB095 15342 HLH 47976 a |
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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 or recyclable metal valued at $50 |
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| $100 or more, the scrap processor or recyclable metal |
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| dealer shall , for each transaction, verify and record the |
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| following information: |
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| (A) the identity of the person from whom the scrap |
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| metals or recyclable metal were acquired by verifying |
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| recording the identification of that person from one |
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| source of identification, which shall be a valid |
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| driver's license or State Identification Card, on the |
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| scrap processor or recyclable metal dealer's weight |
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| ticket at the time of the acquisition and by making and |
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| recording a photocopy or electronic scan of the |
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09500HB4668ham001 |
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LRB095 15342 HLH 47976 a |
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| driver's license or State Identification Card; |
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| (B) the name and address of the scrap processor or |
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| recyclable metal dealer; |
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| (C) the name, initials, or other identification of |
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| the person who is verifying the identification |
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| required in item (5)(A) of this subsection; |
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| (D) the date and place of each purchase; |
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| (E) the motor vehicle license number of the vehicle |
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| or conveyance on which the scrap metals or recyclable |
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| metal were delivered to the scrap processor or |
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| recyclable metal dealer; |
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| (F) the amount of consideration given for the scrap |
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| metals or recyclable metal and a copy of the cancelled |
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| check; |
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| (G) a description of the scrap metals or recyclable |
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| metal purchased, including the weight and whether it |
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| consists of copper bars, cable ingots, rods, tubing, |
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| wire, wire scraps, clamps, connectors or other |
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| appurtenances or some combination thereof; and |
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| (H) a statement signed by the seller or the |
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| seller's agent certifying that the seller or the |
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| seller's agent has the lawful right to sell and dispose |
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| of the scrap metals or recyclable metal. |
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| The information required to be recorded under this |
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| subsection shall be maintained in a separate register by |
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| the scrap processor or recyclable metal dealer and shall be |
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LRB095 15342 HLH 47976 a |
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| retained for 3 years in accordance with this subsection |
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| (a). Such information shall be available for inspection by |
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| any law enforcement official. If the person delivering the |
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| scrap metals or recyclable metal either (i) does not have a |
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| valid driver's license or State identification card or (ii) |
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| is a minor, the scrap processor or recyclable metal dealer |
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| shall not complete the transaction . The inspection of |
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| records pertaining only to scrap metals shall not be |
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| counted as an inspection of a premises for purposes of |
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| subparagraph (7) 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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LRB095 15342 HLH 47976 a |
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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 required under any other |
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| subsection of this Section 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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LRB095 15342 HLH 47976 a |
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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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| (f) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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LRB095 15342 HLH 47976 a |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this paragraph, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. |
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| (Source: P.A. 95-253, eff. 1-1-08.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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