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| Public Act 095-0979 |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
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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,
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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
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keeping requirements for a scrap processor or recyclable metal | ||
dealer
when acting as an automotive parts
recycler.
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(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
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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.
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(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
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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
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scrap processor or recyclable metal dealer with | ||
documentary proof of ownership of the vehicle, junk
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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
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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
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documentary proofs of ownership.
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(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.
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(4) The scrap processor or recyclable metal dealer
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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.
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(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.
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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
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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
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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.
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(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
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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
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violation of this Section shall be guilty of a Class 4 felony.
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(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.
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(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.
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(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.
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(Source: P.A. 95-253, eff. 1-1-08.)
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(625 ILCS 5/5-401.4)
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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.
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(Source: P.A. 95-253, eff. 1-1-08.)
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(625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
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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.
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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.
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(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,
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knowingly violates this subparagraph shall be guilty of a Class | ||
A misdemeanor.
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(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.
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(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.
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(5) Any inspection conducted pursuant to Chapter 5 shall | ||
not continue
for more than 24 hours after initiation.
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(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
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application is acted upon by a judicial officer.
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(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
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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.
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(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.
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(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.
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(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.
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(Source: P.A. 95-253, eff. 1-1-08.)
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(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.)
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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:
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(815 ILCS 325/Act title)
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An Act to require the registration
of the purchase of | ||
recyclable metal copper as herein defined, and providing a | ||
penalty for
the violation thereof.
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(815 ILCS 325/1) (from Ch. 121 1/2, par. 321)
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Sec. 1. Short title. This Act is known and may be cited as | ||
the Recyclable Metal "Copper Purchase Registration
Law".
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(Source: P.A. 76-1476.)
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(815 ILCS 325/2) (from Ch. 121 1/2, par. 322)
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Sec. 2. Definitions. When used in this Act:
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"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,
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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;
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"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
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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
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wreckers, scrap metal dealers or processors, salvage yards, | ||
collectors of
or dealers in junk and junk carts or trucks.
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(Source: P.A. 76-1476.)
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(815 ILCS 325/3) (from Ch. 121 1/2, par. 323)
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Sec. 3. Records of purchases. Except as provided in Section | ||
5 of this Act every recyclable metal copper dealer in this
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State shall enter on forms provided by the Department of State
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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:
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1. The name and address of the recyclable metal copper | ||
dealer;
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2. The date and place of each purchase;
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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;
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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;
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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.
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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.
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(Source: P.A. 94-181, eff. 1-1-06.)
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(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.
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(815 ILCS 325/5) (from Ch. 121 1/2, par. 325)
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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
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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.
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(Source: P.A. 94-181, eff. 1-1-06.)
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(815 ILCS 325/7) (from Ch. 121 1/2, par. 327)
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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.)
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(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.
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Section 99. Effective date. This Act takes effect January | ||
2, 2009.
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