|
||||
Public Act 095-0253 |
||||
| ||||
| ||||
AN ACT concerning business.
| ||||
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 and 5-403 and adding Sections 1-169.2, | ||||
1-169.3, and 5-401.4 as follows: | ||||
(625 ILCS 5/1-169.2 new)
| ||||
Sec. 1-169.2. Recyclable metal. 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; or (iii) gold, silver, | ||||
platinum, and other precious metals used in jewelry. | ||||
(625 ILCS 5/1-169.3 new)
| ||||
Sec. 1-169.3. Recyclable metal dealer. Any individual, | ||||
firm, corporation, or partnership
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, junk stores, auto
wreckers, scrap metal dealers or |
processors, salvage yards, collectors of
or dealers in junk, | ||
and junk carts or trucks.
| ||
(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 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 or recyclable metal dealer's
processor'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 or | ||
recyclable metal dealer's
processor'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 or recyclable metal dealer's
| ||
processor'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
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 scrap metals valued at $100 or more, the scrap | ||
processor or recyclable metal dealer shall verify and | ||
record the identity of the person from whom the scrap | ||
metals were acquired by recording the identification of | ||
that person from one source of identification, which shall | ||
be a driver's license or State Identification Card, on the | ||
scrap processor or recyclable metal dealer's weight ticket | ||
at the time of the acquisition. The inspection of records | ||
pertaining only to 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 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. 90-89, eff. 1-1-98.)
| ||
(625 ILCS 5/5-401.4 new)
| ||
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.
| ||
(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 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. 86-444.)
|