Illinois General Assembly - Full Text of HB4452
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Full Text of HB4452  97th General Assembly


Rep. Daniel V. Beiser

Filed: 2/29/2012





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2    AMENDMENT NO. ______. Amend House Bill 4452 by inserting
3after the enacting clause the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 5-401.3 as follows:
6    (625 ILCS 5/5-401.3)  (from Ch. 95 1/2, par. 5-401.3)
7    Sec. 5-401.3. Scrap processors required to keep records;
8payment method for recyclable metal.
9    (a) Every person licensed or required to be licensed as a
10scrap processor pursuant to Section 5-301 of this Chapter shall
11maintain for 3 years, at his established place of business, the
12following records relating to the acquisition of recyclable
13metals or the acquisition of a vehicle, junk vehicle, or
14vehicle cowl which has been acquired for the purpose of
15processing into a form other than a vehicle, junk vehicle or
16vehicle cowl which is possessed in the State or brought into



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1this State from another state, territory or country. No scrap
2metal processor shall sell a vehicle or essential part, as
3such, except for engines, transmissions, and powertrains,
4unless licensed to do so under another provision of this Code.
5A scrap processor who is additionally licensed as an automotive
6parts recycler shall not be subject to the record keeping
7requirements for a scrap processor when acting as an automotive
8parts recycler.
9        (1) For a vehicle, junk vehicle, or vehicle cowl
10    acquired from a person who is licensed under this Chapter,
11    the scrap processor shall record the name and address of
12    the person, and the Illinois or out-of-state dealer license
13    number of such person on the scrap processor's weight
14    ticket at the time of the acquisition. The person disposing
15    of the vehicle, junk vehicle, or vehicle cowl shall furnish
16    the scrap processor with documentary proof of ownership of
17    the vehicle, junk vehicle, or vehicle cowl in one of the
18    following forms: a Certificate of Title, a Salvage
19    Certificate, a Junking Certificate, a Secretary of State
20    Junking Manifest, a Uniform Invoice, a Certificate of
21    Purchase, or other similar documentary proof of ownership.
22    The scrap processor shall not acquire a vehicle, junk
23    vehicle or vehicle cowl without obtaining one of the
24    aforementioned documentary proofs of ownership.
25        (2) For a vehicle, junk vehicle or vehicle cowl
26    acquired from a person who is not licensed under this



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1    Chapter, the scrap processor shall verify and record that
2    person's identity by recording the identification of such
3    person from at least 2 sources of identification, one of
4    which shall be a driver's license or State Identification
5    Card, on the scrap processor's weight ticket at the time of
6    the acquisition. The person disposing of the vehicle, junk
7    vehicle, or vehicle cowl shall furnish the scrap processor
8    with documentary proof of ownership of the vehicle, junk
9    vehicle, or vehicle cowl in one of the following forms: a
10    Certificate of Title, a Salvage Certificate, a Junking
11    Certificate, a Secretary of State Junking Manifest, a
12    Certificate of Purchase, or other similar documentary
13    proof of ownership. The scrap processor shall not acquire a
14    vehicle, junk vehicle or vehicle cowl without obtaining one
15    of the aforementioned documentary proofs of ownership.
16        (3) In addition to the other information required on
17    the scrap processor's weight ticket, a scrap processor who
18    at the time of acquisition of a vehicle, junk vehicle, or
19    vehicle cowl is furnished a Certificate of Title, Salvage
20    Certificate or Certificate of Purchase shall record the
21    Vehicle Identification Number on the weight ticket or affix
22    a copy of the Certificate of Title, Salvage Certificate or
23    Certificate of Purchase to the weight ticket and the
24    identification of the person acquiring the information on
25    the behalf of the scrap processor.
26        (4) The scrap processor shall maintain a copy of a Junk



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1    Vehicle Notification relating to any Certificate of Title,
2    Salvage Certificate, Certificate of Purchase or similarly
3    acceptable out-of-state document surrendered to the
4    Secretary of State pursuant to the provisions of Section
5    3-117.2 of this Code.
6        (5) For recyclable metals valued at $100 or more, the
7    scrap processor shall, for each transaction, record the
8    identity of the person from whom the recyclable metals were
9    acquired by verifying the identification of that person
10    from one source of identification, which shall be a valid
11    driver's license or State Identification Card, on the scrap
12    processor's weight ticket at the time of the acquisition
13    and by making and recording a photocopy or electronic scan
14    of the driver's license or State Identification Card. Such
15    information shall be available for inspection by any law
16    enforcement official. If the person delivering the
17    recyclable metal does not have a valid driver's license or
18    State Identification Card, the scrap processor shall not
19    complete the transaction. The inspection of records
20    pertaining only to recyclable metals shall not be counted
21    as an inspection of a premises for purposes of subparagraph
22    (7) of Section 5-403 of this Code.
23        This subdivision (a)(5) does not apply to electrical
24    contractors, to agencies or instrumentalities of the State
25    of Illinois or of the United States, to common carriers, to
26    purchases from persons, firms, or corporations regularly



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1    engaged in the business of manufacturing recyclable metal,
2    in the business of selling recyclable metal at retail or
3    wholesale, or in the business of razing, demolishing,
4    destroying, or removing buildings, to the purchase by one
5    recyclable metal dealer from another, or the purchase from
6    persons, firms, or corporations engaged in either the
7    generation, transmission, or distribution of electric
8    energy or in telephone, telegraph, and other
9    communications if such common carriers, persons, firms, or
10    corporations at the time of the purchase provide the
11    recyclable metal dealer with a bill of sale or other
12    written evidence of title to the recyclable metal. This
13    subdivision (a)(5) also does not apply to contractual
14    arrangements between dealers.
15    (b) Any licensee who knowingly fails to record any of the
16specific information required to be recorded on the weight
17ticket required under any other subsection of this Section, or
18Section 5-401 of this Code, or who knowingly fails to acquire
19and maintain for 3 years documentary proof of ownership in one
20of the prescribed forms shall be guilty of a Class A
21misdemeanor and subject to a fine not to exceed $1,000. Each
22violation shall constitute a separate and distinct offense and
23a separate count may be brought in the same complaint for each
24violation. Any licensee who commits a second violation of this
25Section within two years of a previous conviction of a
26violation of this Section shall be guilty of a Class 4 felony.



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1    (c) It shall be an affirmative defense to an offense
2brought under paragraph (b) of this Section that the licensee
3or person required to be licensed both reasonably and in good
4faith relied on information appearing on a Certificate of
5Title, a Salvage Certificate, a Junking Certificate, a
6Secretary of State Manifest, a Secretary of State's Uniform
7Invoice, a Certificate of Purchase, or other documentary proof
8of ownership prepared under Section 3-117.1(a) of this Code,
9relating to the transaction for which the required record was
10not kept which was supplied to the licensee by another licensee
11or an out-of-state dealer.
12    (d) No later than 15 days prior to going out of business,
13selling the business, or transferring the ownership of the
14business, the scrap processor shall notify the Secretary of
15that fact. Failure to so notify the Secretary of State shall
16constitute a failure to keep records under this Section.
17    (e) Evidence derived directly or indirectly from the
18keeping of records required to be kept under this Section shall
19not be admissible in a prosecution of the licensee for an
20alleged violation of Section 4-102(a)(3) of this Code.
21    (f) A scrap processor may not pay for the purchase of
22recyclable metal with cash if the purchase price for the
23recyclable metal is $100 or more.
24(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)"; and
25on page 1, line 4, by changing "Section 5" to "Section 10".