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Public Act 095-0979
Public Act 0979 95TH GENERAL ASSEMBLY
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Public Act 095-0979 |
HB4668 Enrolled |
LRB095 15342 HLH 41330 b |
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| AN ACT concerning safety.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Sections 5-401.3, 5-401.4, and 5-403 and by adding Section | 5-404 as follows:
| (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
| Sec. 5-401.3. Scrap processors and recyclable metal | dealers required to keep records. | (a) Every person licensed or required to be licensed as a | scrap processor
pursuant to Section 5-301 of this Chapter , and | every recyclable metal dealer as defined in Section 1-169.3 of | this Code, shall maintain for 3 years, at
his established place | of business, the following records relating to the
acquisition | of recyclable metals scrap metals or the acquisition of a | vehicle, junk vehicle, or vehicle cowl which has been
acquired | for the purpose of processing into a form other than a vehicle,
| junk vehicle or vehicle cowl which is possessed in the State or | brought
into this State from another state, territory or | country.
No scrap metal processor or recyclable metal dealer | shall sell a vehicle or essential part, as such,
except for | engines, transmissions, and powertrains, unless licensed to do | so
under another provision of this Code. A scrap processor or |
| recyclable metal dealer who is additionally
licensed as an | automotive parts recycler shall not be subject to the record
| keeping requirements for a scrap processor or recyclable metal | dealer
when acting as an automotive parts
recycler.
| (1) For a vehicle, junk vehicle, or vehicle cowl | acquired from a person
who is licensed under this Chapter, | the scrap processor or recyclable metal dealer shall record | the
name and address of the person, and the Illinois or | out-of-state dealer
license number of such person on the | scrap processor's processor or recyclable metal dealer's
| weight ticket at the
time of the acquisition. The person | disposing of the vehicle, junk vehicle,
or vehicle cowl | shall furnish the scrap processor or recyclable metal | dealer with documentary proof of
ownership of the vehicle, | junk vehicle, or vehicle cowl in one of the
following | forms: a Certificate of Title, a Salvage Certificate, a | Junking
Certificate, a Secretary of State Junking | Manifest, a Uniform Invoice, a
Certificate of Purchase, or | other similar documentary proof of ownership.
The scrap | processor or recyclable metal dealer shall not acquire a | vehicle, junk vehicle or vehicle
cowl without obtaining one | of the aforementioned documentary proofs of ownership.
| (2) For a vehicle, junk vehicle or vehicle cowl | acquired from a person
who is not licensed under this | Chapter, the scrap processor or recyclable metal dealer
| shall verify
and record that person's identity by recording |
| the identification of such
person from at least 2 sources | of identification, one of which shall be a
driver's license | or State Identification Card, on the scrap processor's | processor or recyclable metal dealer's
weight ticket at the | time of the acquisition. The person
disposing of the | vehicle, junk vehicle, or vehicle cowl shall furnish the
| scrap processor or recyclable metal dealer with | documentary proof of ownership of the vehicle, junk
| vehicle, or vehicle cowl in one of the following forms: a | Certificate of
Title, a Salvage Certificate, a Junking | Certificate, a Secretary of State
Junking Manifest, a | Certificate of Purchase, or other similar documentary
| proof of ownership. The scrap processor or recyclable metal | dealer shall not acquire a vehicle, junk
vehicle or vehicle | cowl without obtaining one of the aforementioned
| documentary proofs of ownership.
| (3) In addition to the other information required on | the scrap processor's processor or recyclable metal | dealer's
weight ticket, a scrap processor or recyclable | metal dealer who at the time of acquisition of a
vehicle, | junk vehicle, or vehicle cowl is furnished a Certificate of | Title,
Salvage Certificate or Certificate of Purchase | shall record the Vehicle vehicle
Identification Number on | the weight ticket or affix a copy of the
Certificate of | Title, Salvage Certificate or Certificate of Purchase to | the
weight ticket and the identification of the person |
| acquiring the
information on the behalf of the scrap | processor or recyclable metal dealer .
| (4) The scrap processor or recyclable metal dealer
| shall maintain a copy of a Junk Vehicle
Notification | relating to any Certificate
of Title, Salvage Certificate, | Certificate of Purchase or similarly
acceptable | out-of-state document surrendered to the Secretary of | State
pursuant to the provisions of Section 3-117.2 of this | Code.
| (5) For recyclable metals scrap metals valued at $100 | or more, the scrap processor or recyclable metal dealer | shall , for each transaction, verify and record the identity | of the person from whom the recyclable metals scrap metals | were acquired by verifying recording the identification of | that person from one source of identification, which shall | be a valid driver's license or State Identification Card, | on the scrap processor's processor or recyclable metal | dealer's weight ticket at the time of the acquisition and | by making and recording a photocopy or electronic scan of | the driver's license or State Identification Card. Such | information shall be available for inspection by any law | enforcement official. If the person delivering the | recyclable metal does not have a valid driver's license or | State Identification Card, the scrap processor shall not | complete the transaction . The inspection of records | pertaining only to recyclable scrap metals shall not be |
| counted as an inspection of a premises for purposes of | subparagraph (7) of Section 5-403 of this Code.
| This subdivision (a)(5) does not apply to
electrical | contractors, to agencies or instrumentalities of the State | of
Illinois or of the United States, to common carriers, to | purchases from
persons, firms, or corporations regularly | engaged in the business of
manufacturing recyclable metal, | in the business of selling recyclable metal at retail or
| wholesale, or in the business of razing, demolishing, | destroying, or removing
buildings, to the purchase by one | recyclable metal dealer from another, or the
purchase from | persons, firms, or corporations engaged in either the
| generation, transmission, or distribution of electric | energy or in
telephone, telegraph, and other | communications if such common carriers,
persons, firms, or | corporations at the time of the purchase provide the | recyclable metal
dealer with a bill of sale or other | written evidence of title to the recyclable metal. This | subdivision (a)(5) also does not apply to contractual | arrangements between dealers.
| (b) Any licensee or recyclable metal dealer who knowingly | fails to record any of the specific
information required to be | recorded on the weight ticket required under any other | subsection of this Section, or Section 5-401 of this Code, or | who knowingly
fails to acquire and maintain for 3 years | documentary proof of ownership in
one of the prescribed forms |
| shall be guilty of a Class A misdemeanor and
subject to a fine | not to exceed $1,000. Each violation shall constitute a
| separate and distinct offense and a separate count may be | brought in the
same complaint for each violation. Any licensee | or recyclable metal dealer who commits a second
violation of | this Section within two years of a previous conviction of a
| violation of this Section shall be guilty of a Class 4 felony.
| (c) It shall be an affirmative defense to an offense | brought under
paragraph (b) of this Section that the licensee | or recyclable metal dealer or person required to be
licensed | both reasonably and in good faith relied on information | appearing
on a Certificate of Title, a Salvage Certificate, a | Junking Certificate, a
Secretary of State Manifest, a Secretary | of State's Uniform Invoice, a
Certificate of Purchase, or other | documentary proof of ownership prepared
under Section 3-117.1 | (a) of this Code, relating to the transaction for
which the | required record was not kept which was supplied to the licensee | or recyclable metal dealer
by another licensee or recyclable | metal dealer or an out-of-state dealer.
| (d) No later than 15 days prior to going out of business, | selling the
business, or transferring the ownership of the | business, the scrap
processor or recyclable metal dealer shall | notify the Secretary of that fact. Failure to so notify
the | Secretary of State shall constitute a failure to keep
records | under this Section.
| (e) Evidence derived directly or indirectly from the |
| keeping of records
required to be kept under this Section shall | not be admissible in a
prosecution of the licensee or | recyclable metal dealer for an alleged violation of Section | 4-102
(a)(3) of this Code.
| (Source: P.A. 95-253, eff. 1-1-08.)
| (625 ILCS 5/5-401.4)
| Sec. 5-401.4. Purchase of beer kegs by scrap processors and | recyclable metal dealers . | (a) A scrap processor or recyclable metal dealer may not | purchase metal beer kegs from any person other than the beer | manufacturer whose identity is printed, stamped, attached, or | otherwise displayed on the beer keg, or the manufacturer's | authorized representative. | (b) The purchaser shall obtain a proof of ownership record | from a person selling the beer keg, including any person | selling a beer keg with an indicia of ownership that is | obliterated, unreadable, or missing, and shall also verify the | seller's identity by a driver's license or other | government-issued photo identification. The proof of ownership | record shall include all of the following information: | (1) The name, address, telephone number, and signature | of the
seller or the seller's authorized representative. | (2) The name and address of the buyer, or consignee if | not sold. | (3) A description of the beer keg, including its |
| capacity and any indicia of ownership or other | distinguishing marks appearing on the exterior surface. | (4) The date of transaction. | (c) The information required to be collected by this | Section shall
be kept for one year from the date of purchase or | delivery,
whichever is later.
| (Source: P.A. 95-253, eff. 1-1-08.)
| (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
| Sec. 5-403. (1) Authorized representatives of the | Secretary of State
including officers of the Secretary of | State's Department of Police, other
peace officers, and such | other individuals as the Secretary may designate
from time to | time shall make inspections of individuals and facilities | licensed
or required to be licensed under Chapter 5 of the | Illinois Vehicle Code
for the purpose of reviewing records | required to be maintained under
Chapter 5 for accuracy and | completeness and reviewing and examining the
premises of the | licensee's established or additional place of business
for the | purpose of determining the accuracy of the required records.
| Premises that may be inspected in order to determine the | accuracy of the
books and records required to be kept includes | all premises used by the
licensee to store vehicles and parts | that are reflected by the required books and records.
| (2) Persons having knowledge of or conducting inspections | pursuant to
this Chapter shall not in advance of such |
| inspections knowingly notify a
licensee or representative of a | licensee of the contemplated inspection
unless the Secretary or | an individual designated by him for this purpose
authorizes | such notification. Any individual who, without authorization,
| knowingly violates this subparagraph shall be guilty of a Class | A misdemeanor.
| (3) The licensee or a representative of the licensee shall | be entitled
to be present during an inspection conducted | pursuant to Chapter 5, however,
the presence of the licensee or | an authorized representative of the licensee
is not a condition | precedent to such an inspection.
| (4) Inspection conducted pursuant to Chapter 5 may be | initiated at any
time that business is being conducted or work | is being performed, whether
or not open to the public or when | the licensee or a representative of the
licensee, other than a | mere custodian or watchman, is present. The fact
that a | licensee or representative of the licensee leaves the licensed | premises
after an inspection has been initiated shall not | require the termination
of the inspection.
| (5) Any inspection conducted pursuant to Chapter 5 shall | not continue
for more than 24 hours after initiation.
| (6) In the event information comes to the attention of the | individuals
conducting an inspection that may give rise to the | necessity of obtaining
a search warrant, and in the event steps | are initiated for the procurement
of a search warrant, the | individuals conducting such inspection may take
all necessary |
| steps to secure the premises under inspection until the warrant
| application is acted upon by a judicial officer.
| (7) No more than 6 inspections of a premises may be | conducted pursuant
to Chapter 5 within any 6 month period | except pursuant to a search warrant.
Notwithstanding this | limitation, nothing in this subparagraph (7) shall be
construed | to limit the authority of law enforcement agents to respond to
| public complaints of violations of the Code. For the purpose of | this
subparagraph (7), a public complaint is one in which the | complainant identifies
himself or herself and sets forth, in | writing, the specific basis for their
complaint against the | licensee. For the purpose of this subparagraph (7), the | inspection of records pertaining only to recyclable scrap | metals, as provided in subdivision (a)(5) of Section 5-401.3 of | this Code, shall not be counted as an inspection of a premises.
| (8) Nothing in this Section shall be construed to limit the | authority
of individuals by the Secretary pursuant to this | Section to conduct searches
of licensees pursuant to a duly | issued and authorized search warrant.
| (9) Any licensee who, having been informed by a person | authorized to
make inspections and examine records under this | Section that he desires to
inspect records and the licensee's | premises as authorized by this Section,
refuses either to | produce for that person records required to be kept by
this | Chapter or to permit such authorized person to make an | inspection of
the premises in accordance with this Section |
| shall subject the license to
immediate suspension by the | Secretary of State.
| (10) Beginning July 1, 1988, any person licensed under | 5-302 shall
produce for inspection upon demand those records | pertaining to the
acquisition of salvage vehicles in this | State. This inspection may be
conducted at the principal | offices of the Secretary of State.
| (Source: P.A. 95-253, eff. 1-1-08.)
| (625 ILCS 5/5-404 new) | Sec. 5-404. Injunctions. The Illinois Attorney General or | the State's Attorney for the county in which the scrap | processor is located may initiate an appropriate action in the | circuit court of the county in which a scrap processor is | located to prevent the unlawful operation of a scrap processor, | or to restrain, correct, or abate a violation of this Act, or | to prevent any illegal act or conduct by the scrap processor. | (625 ILCS 5/1-169.3 rep.)
| Section 10. The Illinois Vehicle Code is amended by | repealing Section 1-169.3. | Section 15. The Copper Purchase Registration Law is amended | by changing the title of the Act and Sections 1, 2, 3, 5, 7, and | 8 and by adding Sections 4.5 and 9 as follows:
|
| (815 ILCS 325/Act title)
| An Act to require the registration
of the purchase of | recyclable metal copper as herein defined, and providing a | penalty for
the violation thereof.
| (815 ILCS 325/1) (from Ch. 121 1/2, par. 321)
| Sec. 1. Short title. This Act is known and may be cited as | the Recyclable Metal "Copper Purchase Registration
Law " .
| (Source: P.A. 76-1476.)
| (815 ILCS 325/2) (from Ch. 121 1/2, par. 322)
| Sec. 2. Definitions. When used in this Act:
| "Recyclable metal" means any copper, brass, or aluminum, or | any combination of those metals, 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. "Copper" | means any copper, copper alloy or brass bars, cable, ingots,
| rods, tubing, wire, wire scraps, clamps, connectors or other | appurtenances
utilized or that can be utilized by common | carriers or by persons, firms,
corporations or municipal | corporations engaged in either the generation,
transmission or |
| distribution of electric energy or in telephone, telegraph
or | other communications;
| " Recyclable metal Copper dealer" means any individual, | firm, corporation or partnership
engaged in the business of | purchasing and reselling recyclable metal copper 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 , auto
| wreckers, scrap metal dealers or processors, salvage yards, | collectors of
or dealers in junk and junk carts or trucks .
| (Source: P.A. 76-1476.)
| (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 copper dealer in this
| State shall enter on forms provided by the Department of State
| Police or such department as may succeed to its functions, for | each
purchase of recyclable metal valued at $100 copper | consisting of 50 pounds or more the following
information:
| 1. The name and address of the recyclable metal copper | dealer;
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| 2. The date and place of each purchase;
| 3. The name and address of the person or persons from | whom the recyclable metal copper
was purchased , which shall | be verified from a valid driver's license or State | Identification Card. The recyclable metal dealer shall | make and record a photocopy or electronic scan of the | driver's license or State Identification Card. If the | person delivering the recyclable metal does not have a | valid driver's license or State Identification Card, 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 copper was | delivered to the recyclable metal copper dealer;
| 5. A description of the recyclable metal copper | purchased, including the weight and
whether it consists of | bars, cable, ingots, rods, tubing, wire, wire
scraps, | clamps, connectors , or other appurtenances , or some | combination
thereof.
| A copy of the completed form shall be kept in a separate | book or
register by the recyclable metal copper dealer and | shall be retained for a period of 2 years. Such book or | register 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.
| (Source: P.A. 94-181, eff. 1-1-06.)
| (815 ILCS 325/4.5 new) | Sec. 4.5. Purchase of beer kegs by recyclable metal | dealers. | (a) A recyclable metal dealer may not purchase metal beer | kegs from any person other than the beer manufacturer whose | identity is printed, stamped, attached, or otherwise displayed | on the beer keg, or from the manufacturer's authorized | representative. | (b) The purchaser shall obtain a proof of ownership record | from a person selling the beer keg, including any person | selling a beer keg with an indicia of ownership that is | obliterated, unreadable, or missing, and shall also verify the | seller's identity by a driver's license or other | government-issued photo identification. The proof of ownership | record shall include all of the following information: | (1) The name, address, telephone number, and signature | of the seller or the seller's authorized representative. | (2) The name and address of the buyer, or consignee if | not sold. | (3) A description of the beer keg, including its | capacity and any indicia of ownership or other |
| distinguishing marks appearing on the exterior surface. | (4) The date of transaction. | (c) The information required to be collected by this | Section shall be kept for one year from the date of purchase or | delivery, whichever is later.
| (815 ILCS 325/5) (from Ch. 121 1/2, par. 325)
| Sec. 5. Exemptions. The provisions of Section 3 of this Act | do not apply to
electrical contractors, to agencies or | instrumentalities of the State of
Illinois or of the United | States, to common carriers or to purchases from
persons, firms | or corporations regularly engaged in the business of
| manufacturing recyclable metal copper , the business of selling | recyclable metal copper at retail or
wholesale, in the business | of razing, demolishing, destroying or removing
buildings, to | the purchase of one recyclable metal copper dealer from another | or the
purchase from persons, firms or corporations engaged in | either the
generation, transmission or distribution of | electric energy or in
telephone, telegraph and other | communications if such common carriers,
persons, firms or | corporations at the time of the purchase provide the recyclable | metal
copper dealer with a bill of sale or other written | evidence of title to the recyclable metal
copper .
| (Source: P.A. 94-181, eff. 1-1-06.)
| (815 ILCS 325/7) (from Ch. 121 1/2, par. 327)
|
| Sec. 7. Inapplicability. This Act shall not apply in any | municipality that which provides for the
registration of | recyclable metal copper purchased by resolution, ordinance or | regulation that
which substantially complies with the | substantive provisions of this Act or
any rule or regulation | hereunder with the exception of the penalty provisions . The | fact of such nonapplication shall be
evidenced by a certificate | of exemption issued by the Department of State
Police or such | department as may succeed to its functions,
if it finds
that a | municipal resolution, ordinance , or regulation meeting such
| requirements is being enforced. The Such certificate of | exemption shall be
available for inspection in the office of | the municipal clerk. This Act
does not apply in municipalities | with populations of 1,000,000 or over.
| (Source: P.A. 84-25.)
| (815 ILCS 325/8) (from Ch. 121 1/2, par. 328)
| Sec. 8. Penalty. Any recyclable metal copper dealer who | knowingly fails to comply with this Act is guilty
of a Class A | B misdemeanor for the first offense, and a Class 4 felony for | the second or subsequent offense . Each day that any recyclable | metal copper dealer so fails to
comply shall constitute a | separate offense.
| (Source: P.A. 77-2262.)
| (815 ILCS 325/9 new) |
| Sec. 9. Injunctions. The Illinois Attorney General or the | State's Attorney for the county in which the recyclable metal | dealer is located may initiate an appropriate action in the | circuit court of the county in which a recyclable metal dealer | is located to prevent the unlawful operation of a recyclable | metal dealer, or to restrain, correct, or abate a violation of | this Act, or to prevent any illegal act or conduct by the | recyclable metal dealer.
| Section 99. Effective date. This Act takes effect January | 2, 2009.
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Effective Date: 1/2/2009
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