Public Act 103-0677
 
HB4589 EnrolledLRB103 37108 MXP 67227 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    (20 ILCS 4005/12 rep.)
    Section 5. The Illinois Vehicle Hijacking and Motor
Vehicle Theft Prevention and Insurance Verification Act is
amended by repealing Section 12.
 
    Section 10. The Illinois Vehicle Code is amended by adding
Sections 1-110.05 and 1-115.01 as follows:
 
    (625 ILCS 5/1-110.05 new)
    Sec. 1-110.05. Catalytic converter.
    "Catalytic converter" means a post-combustion device that:
(1) oxidizes hydrocarbons and carbon monoxide gases or reduces
oxides of nitrogen; and (2) is designed or intended for use as
part of an emission control system. As used in this Section,
"catalytic converter" includes nonferrous parts, including
rhodium, platinum, and palladium.
 
    (625 ILCS 5/1-115.01 new)
    Sec. 1-115.01. Detached catalytic converter.
    "Detached catalytic converter" means a catalytic
converter, as defined in Section 1-110.05 of the Code, that
was previously installed on a motor vehicle and subsequently
removed.
 
    Section 15. The Recyclable Metal Purchase Registration Law
is amended by changing Sections 2, 3, 4.1, and 4.4 as follows:
 
    (815 ILCS 325/2)  (from Ch. 121 1/2, par. 322)
    Sec. 2. Definitions. When used in this Act:
    "Catalytic converter" means a post-combustion device that
oxidizes hydrocarbons and carbon monoxide gases or reduces
oxides of nitrogen and that is designed or intended for use as
part of an emission control system. As used in this Section,
"catalytic converter" includes nonferrous parts, including
rhodium, platinum, and palladium.
    "Detached catalytic converter" means a catalytic converter
that was previously installed on a motor vehicle and
subsequently removed.
    "Recyclable metal" means any copper, brass, or aluminum,
or any combination of those metals, or any catalytic converter
or its contents purchased by a recyclable metal dealer,
irrespective of form or quantity, except that "recyclable
metal" does not include: (i) items designed to contain, or to
be used in the preparation of, beverages or food for human
consumption; (ii) discarded items of non-commercial or
household waste; (iii) gold, silver, platinum, and other
precious metals used in jewelry; or (iv) vehicles, junk
vehicles, vehicle cowls, or essential vehicle parts.
    "Recyclable metal dealer" means any individual, firm,
corporation or partnership conducting activity within the
boundaries of the State of Illinois and engaged in the
business of purchasing and reselling recyclable metal either
at a permanently established place of business or in
connection with a business of an itinerant nature, including
junk shops, junk yards, or junk stores, except that
"recyclable metal dealer" does not include automotive parts
recyclers, scrap processors, repairers and rebuilders licensed
pursuant to Section 5-301 of the Illinois Vehicle Code.
Recyclable metal dealers shall not be engaged in the business
of purchasing or reselling vehicles, junk vehicles, vehicle
cowls, or essential vehicle parts.
(Source: P.A. 102-906, eff. 5-27-22.)
 
    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
    Sec. 3. Records of purchases. Except as provided in
Section 5 of this Act every recyclable metal dealer in this
State shall enter into an electronic record-keeping system for
each purchase of recyclable metal, a catalytic converter or
its contents, or recyclable metal containing copper the
following information:
        1. The name and address of the recyclable metal
    dealer;
        2. The date and place of each purchase;
        3. The name, address, and copy of the license as an
    automotive parts recycler or scrap processor issued by the
    Secretary of State of the person or persons from whom the
    recyclable metal was purchased, which shall be verified
    from a valid driver's license or other government-issued
    photo identification. The recyclable metal dealer shall
    make and record a photocopy or electronic scan of the
    license as an automotive parts recycler or scrap processor
    issued by the Secretary of State and driver's license or
    other government-issued photo identification. If the
    person delivering the recyclable metal does not have a
    valid driver's license or other government-issued photo
    identification, the recyclable metal dealer shall not
    complete the transaction;
        4. The motor vehicle license number and state of
    issuance of the motor vehicle license number of the
    vehicle or conveyance on which the recyclable metal was
    delivered to the recyclable metal dealer;
        5. A description of the recyclable metal purchased,
    including the weight and whether it consists of bars,
    cable, ingots, rods, tubing, wire, wire scraps, clamps,
    connectors, other appurtenances, or some combination
    thereof, and, in a transaction involving a catalytic
    converter, the vehicle identification number of the
    vehicle from which the catalytic converter was removed and
    any numbers, bar codes, stickers, or other unique markings
    of the catalytic converter that was removed;
        6. Photographs or video, or both, of the seller and of
    the materials as presented on the scale; and
        7. A declaration signed and dated by the person or
    persons from whom the recyclable metal was purchased which
    states the following:
            "I, the undersigned, affirm under penalty of law
        that the property that is subject to this transaction
        is not to the best of my knowledge stolen property.";
        and .
        8. A copy of the certificate of title or uniform
    invoice showing the seller's ownership in the vehicle in
    the case of a transaction involving a catalytic converter.
    A copy of the recorded information shall be kept in an
electronic record-keeping system by the recyclable metal
dealer. Purchase records shall be retained for a period of 3
years. Photographs shall be retained for a period of 3 months
and video recordings shall be retained for a period of one
month. The electronic record-keeping system shall be made
available for inspection by any law enforcement official or
the representatives of common carriers and persons, firms,
corporations or municipal corporations engaged in either the
generation, transmission or distribution of electric energy or
engaged in telephone, telegraph or other communications, at
any time. A recyclable metal dealer must complete and file a
1099-MISC on behalf of the seller, unless the seller has a
current license as an automotive parts recycler or scrap
processor issued by the Secretary of State.
(Source: P.A. 102-906, eff. 5-27-22.)
 
    (815 ILCS 325/4.1)
    Sec. 4.1. Restricted purchases.
    (a) It is a violation of this Act for any person to
possess, purchase, attempt to purchase, sell or attempt to
sell, or for any recyclable metal dealer to purchase or
attempt to purchase, any of the following:
        (1) materials that are clearly marked as property
    belonging to a business or someone else other than the
    seller;
        (2) property associated with use by governments,
    utilities, or railroads including, but not limited to,
    guardrails, manhole covers, electric transmission and
    distribution equipment, including transformers, grounding
    straps, wires or poles, historical markers, street signs,
    traffic signs, sewer grates, or any rail, switch
    component, spike, angle bar, tie plate, or bolt of the
    type used in constructing railroad track;
        (3) cemetery plaques or ornaments; or
        (4) any catalytic converter or its contents not
    attached to a motor vehicle at the time of the transaction
    unless the seller is licensed as an automotive parts
    recycler or scrap processor.
    (b) (Blank). This Section shall not apply when the seller
produces written documentation reasonably demonstrating that
the seller is the owner of the recyclable metal material or is
authorized to sell the material on behalf of the owner. The
recyclable metal dealer shall copy any such documentation and
maintain it along with the purchase record required by Section
3 of this Act.
(Source: P.A. 102-906, eff. 5-27-22.)
 
    (815 ILCS 325/4.4)
    Sec. 4.4. Purchase of a catalytic converter or its
contents.
    (a) It is unlawful for any person to purchase or otherwise
acquire a used, detached catalytic converter or any nonferrous
part thereof unless all of the following apply:
        (1) the person is a licensed recyclable metal dealer;
        (2) the sale or purchase occurs at the fixed business
    address of a licensed recyclable metal dealer that is a
    party to the transaction; and
        (3) the purchaser has maintained the information
    required under Section 3 of the Recyclable Metal Purchase
    Registration Law.
    (b) A recyclable metal dealer shall not pay cash in
payment for any catalytic converter or its contents having a
value of $100 or more.
(Source: P.A. 102-906, eff. 5-27-22.)