Full Text of HB4168 102nd General Assembly
HB4168 102ND GENERAL ASSEMBLY |
| | 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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Recyclable Metal Purchase Registration Law | 5 | | is 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 | 9 | | attempt to sell, or for any recyclable metal dealer to | 10 | | purchase 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 |
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| 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 | 25 | | written documentation reasonably demonstrating that the seller | 26 | | is the owner of the recyclable metal material or is authorized |
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| 1 | | to sell the material on behalf of the owner. The recyclable | 2 | | metal dealer shall copy any such documentation and maintain it | 3 | | along with the purchase record required by Section 3 of this | 4 | | Act.
| 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 | 8 | | person who knowingly fails to comply with this Act is guilty
of | 9 | | a Class A misdemeanor for the first offense, and a Class 4 | 10 | | felony for the second or subsequent offense. Each day that any | 11 | | recyclable metal dealer so fails to
comply shall constitute a | 12 | | separate offense. A recyclable metal dealer or other person | 13 | | who fails to comply with paragraph (4) of Section 4.1 shall be | 14 | | fined $5,000 in addition to any other penalty imposed by the | 15 | | court.
| 16 | | (Source: P.A. 97-923, eff. 1-1-13.)
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