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Public Act 103-0677 | ||||
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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.) |