Full Text of HB3822 97th General Assembly
HB3822 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3822 Introduced 10/5/2011, by Rep. Daniel V. Beiser SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/5-401.3 | from Ch. 95 1/2, par. 5-401.3 |
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Amends the Illinois Vehicle Code. Provides that a scrap processor may not pay for the purchase of recyclable metals with cash.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | 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. | 8 | | (a) Every person licensed or required to be licensed as a | 9 | | scrap processor
pursuant to Section 5-301 of this Chapter shall | 10 | | maintain for 3 years, at
his established place of business, the | 11 | | following records relating to the
acquisition of recyclable | 12 | | metals or the acquisition of a vehicle, junk vehicle, or | 13 | | vehicle cowl which has been
acquired for the purpose of | 14 | | processing into a form other than a vehicle,
junk vehicle or | 15 | | vehicle cowl which is possessed in the State or brought
into | 16 | | this State from another state, territory or country.
No scrap | 17 | | metal processor shall sell a vehicle or essential part, as | 18 | | such,
except for engines, transmissions, and powertrains, | 19 | | unless licensed to do so
under another provision of this Code. | 20 | | A scrap processor who is additionally
licensed as an automotive | 21 | | parts recycler shall not be subject to the record
keeping | 22 | | requirements for a scrap processor
when acting as an automotive | 23 | | parts
recycler.
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| 1 | | (1) For a vehicle, junk vehicle, or vehicle cowl | 2 | | acquired from a person
who is licensed under this Chapter, | 3 | | the scrap processor shall record the
name and address of | 4 | | the person, and the Illinois or out-of-state dealer
license | 5 | | number of such person on the scrap processor's
weight | 6 | | ticket at the
time of the acquisition. The person disposing | 7 | | of the vehicle, junk vehicle,
or vehicle cowl shall furnish | 8 | | the scrap processor with documentary proof of
ownership of | 9 | | the vehicle, junk vehicle, or vehicle cowl in one of the
| 10 | | following forms: a Certificate of Title, a Salvage | 11 | | Certificate, a Junking
Certificate, a Secretary of State | 12 | | Junking Manifest, a Uniform Invoice, a
Certificate of | 13 | | Purchase, or other similar documentary proof of ownership.
| 14 | | The scrap processor shall not acquire a vehicle, junk | 15 | | vehicle or vehicle
cowl without obtaining one of the | 16 | | aforementioned documentary proofs of ownership.
| 17 | | (2) For a vehicle, junk vehicle or vehicle cowl | 18 | | acquired from a person
who is not licensed under this | 19 | | Chapter, the scrap processor
shall verify
and record that | 20 | | person's identity by recording the identification of such
| 21 | | person from at least 2 sources of identification, one of | 22 | | which shall be a
driver's license or State Identification | 23 | | Card, on the scrap processor's
weight ticket at the time of | 24 | | the acquisition. The person
disposing of the vehicle, junk | 25 | | vehicle, or vehicle cowl shall furnish the
scrap processor | 26 | | with documentary proof of ownership of the vehicle, junk
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| 1 | | vehicle, or vehicle cowl in one of the following forms: a | 2 | | Certificate of
Title, a Salvage Certificate, a Junking | 3 | | Certificate, a Secretary of State
Junking Manifest, a | 4 | | Certificate of Purchase, or other similar documentary
| 5 | | proof of ownership. The scrap processor shall not acquire a | 6 | | vehicle, junk
vehicle or vehicle cowl without obtaining one | 7 | | of the aforementioned
documentary proofs of ownership.
| 8 | | (3) In addition to the other information required on | 9 | | the scrap processor's
weight ticket, a scrap processor who | 10 | | at the time of acquisition of a
vehicle, junk vehicle, or | 11 | | vehicle cowl is furnished a Certificate of Title,
Salvage | 12 | | Certificate or Certificate of Purchase shall record the | 13 | | Vehicle
Identification Number on the weight ticket or affix | 14 | | a copy of the
Certificate of Title, Salvage Certificate or | 15 | | Certificate of Purchase to the
weight ticket and the | 16 | | identification of the person acquiring the
information on | 17 | | the behalf of the scrap processor.
| 18 | | (4) The scrap processor
shall maintain a copy of a Junk | 19 | | Vehicle
Notification relating to any Certificate
of Title, | 20 | | Salvage Certificate, Certificate of Purchase or similarly
| 21 | | acceptable out-of-state document surrendered to the | 22 | | Secretary of State
pursuant to the provisions of Section | 23 | | 3-117.2 of this Code.
| 24 | | (5) For recyclable metals valued at $100 or more, the | 25 | | scrap processor shall, for each transaction, record the | 26 | | identity of the person from whom the recyclable metals were |
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| 1 | | acquired by verifying the identification of that person | 2 | | from one source of identification, which shall be a valid | 3 | | driver's license or State Identification Card, on the scrap | 4 | | processor's weight ticket at the time of the acquisition | 5 | | and by making and recording a photocopy or electronic scan | 6 | | of the driver's license or State Identification Card. Such | 7 | | information shall be available for inspection by any law | 8 | | enforcement official. If the person delivering the | 9 | | recyclable metal does not have a valid driver's license or | 10 | | State Identification Card, the scrap processor shall not | 11 | | complete the transaction. The inspection of records | 12 | | pertaining only to recyclable metals shall not be counted | 13 | | as an inspection of a premises for purposes of subparagraph | 14 | | (7) of Section 5-403 of this Code.
| 15 | | This subdivision (a)(5) does not apply to
electrical | 16 | | contractors, to agencies or instrumentalities of the State | 17 | | of
Illinois or of the United States, to common carriers, to | 18 | | purchases from
persons, firms, or corporations regularly | 19 | | engaged in the business of
manufacturing recyclable metal, | 20 | | in the business of selling recyclable metal at retail or
| 21 | | wholesale, or in the business of razing, demolishing, | 22 | | destroying, or removing
buildings, to the purchase by one | 23 | | recyclable metal dealer from another, or the
purchase from | 24 | | persons, firms, or corporations engaged in either the
| 25 | | generation, transmission, or distribution of electric | 26 | | energy or in
telephone, telegraph, and other |
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| 1 | | communications if such common carriers,
persons, firms, or | 2 | | corporations at the time of the purchase provide the | 3 | | recyclable metal
dealer with a bill of sale or other | 4 | | written evidence of title to the recyclable metal. This | 5 | | subdivision (a)(5) also does not apply to contractual | 6 | | arrangements between dealers.
| 7 | | (b) Any licensee who knowingly fails to record any of the | 8 | | specific
information required to be recorded on the weight | 9 | | ticket required under any other subsection of this Section, or | 10 | | Section 5-401 of this Code, or who knowingly
fails to acquire | 11 | | and maintain for 3 years documentary proof of ownership in
one | 12 | | of the prescribed forms shall be guilty of a Class A | 13 | | misdemeanor and
subject to a fine not to exceed $1,000. Each | 14 | | violation shall constitute a
separate and distinct offense and | 15 | | a separate count may be brought in the
same complaint for each | 16 | | violation. Any licensee who commits a second
violation of this | 17 | | Section within two years of a previous conviction of a
| 18 | | violation of this Section shall be guilty of a Class 4 felony.
| 19 | | (c) It shall be an affirmative defense to an offense | 20 | | brought under
paragraph (b) of this Section that the licensee | 21 | | or person required to be
licensed both reasonably and in good | 22 | | faith relied on information appearing
on a Certificate of | 23 | | Title, a Salvage Certificate, a Junking Certificate, a
| 24 | | Secretary of State Manifest, a Secretary of State's Uniform | 25 | | Invoice, a
Certificate of Purchase, or other documentary proof | 26 | | of ownership prepared
under Section 3-117.1(a) of this Code, |
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| 1 | | relating to the transaction for
which the required record was | 2 | | not kept which was supplied to the licensee
by another licensee | 3 | | or an out-of-state dealer.
| 4 | | (d) No later than 15 days prior to going out of business, | 5 | | selling the
business, or transferring the ownership of the | 6 | | business, the scrap
processor shall notify the Secretary of | 7 | | that fact. Failure to so notify
the Secretary of State shall | 8 | | constitute a failure to keep
records under this Section.
| 9 | | (e) Evidence derived directly or indirectly from the | 10 | | keeping of records
required to be kept under this Section shall | 11 | | not be admissible in a
prosecution of the licensee for an | 12 | | alleged violation of Section 4-102(a)(3) of this Code.
| 13 | | (f) A scrap processor may not pay for the purchase of | 14 | | recyclable metals with cash. | 15 | | (Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
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