Full Text of HB4452 97th General Assembly
HB4452ham001 97TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 2/29/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4452
| 2 | | AMENDMENT NO. ______. Amend House Bill 4452 by inserting | 3 | | after the enacting clause the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 5-401.3 as follows:
| 6 | | (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
| 7 | | Sec. 5-401.3. Scrap processors required to keep records ; | 8 | | payment method for recyclable metal . | 9 | | (a) Every person licensed or required to be licensed as a | 10 | | scrap processor
pursuant to Section 5-301 of this Chapter shall | 11 | | maintain for 3 years, at
his established place of business, the | 12 | | following records relating to the
acquisition of recyclable | 13 | | metals or the acquisition of a vehicle, junk vehicle, or | 14 | | vehicle cowl which has been
acquired for the purpose of | 15 | | processing into a form other than a vehicle,
junk vehicle or | 16 | | vehicle cowl which is possessed in the State or brought
into |
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| 1 | | this State from another state, territory or country.
No scrap | 2 | | metal processor shall sell a vehicle or essential part, as | 3 | | such,
except for engines, transmissions, and powertrains, | 4 | | unless licensed to do so
under another provision of this Code. | 5 | | A scrap processor who is additionally
licensed as an automotive | 6 | | parts recycler shall not be subject to the record
keeping | 7 | | requirements for a scrap processor
when acting as an automotive | 8 | | parts
recycler.
| 9 | | (1) For a vehicle, junk vehicle, or vehicle cowl | 10 | | acquired from a person
who is licensed under this Chapter, | 11 | | the scrap processor shall record the
name and address of | 12 | | the person, and the Illinois or out-of-state dealer
license | 13 | | number of such person on the scrap processor's
weight | 14 | | ticket at the
time of the acquisition. The person disposing | 15 | | of the vehicle, junk vehicle,
or vehicle cowl shall furnish | 16 | | the scrap processor with documentary proof of
ownership of | 17 | | the vehicle, junk vehicle, or vehicle cowl in one of the
| 18 | | following forms: a Certificate of Title, a Salvage | 19 | | Certificate, a Junking
Certificate, a Secretary of State | 20 | | Junking Manifest, a Uniform Invoice, a
Certificate of | 21 | | Purchase, or other similar documentary proof of ownership.
| 22 | | The scrap processor shall not acquire a vehicle, junk | 23 | | vehicle or vehicle
cowl without obtaining one of the | 24 | | aforementioned documentary proofs of ownership.
| 25 | | (2) For a vehicle, junk vehicle or vehicle cowl | 26 | | acquired from a person
who is not licensed under this |
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| 1 | | Chapter, the scrap processor
shall verify
and record that | 2 | | person's identity by recording the identification of such
| 3 | | person from at least 2 sources of identification, one of | 4 | | which shall be a
driver's license or State Identification | 5 | | Card, on the scrap processor's
weight ticket at the time of | 6 | | the acquisition. The person
disposing of the vehicle, junk | 7 | | vehicle, or vehicle cowl shall furnish the
scrap processor | 8 | | with documentary proof of ownership of the vehicle, junk
| 9 | | vehicle, or vehicle cowl in one of the following forms: a | 10 | | Certificate of
Title, a Salvage Certificate, a Junking | 11 | | Certificate, a Secretary of State
Junking Manifest, a | 12 | | Certificate of Purchase, or other similar documentary
| 13 | | proof of ownership. The scrap processor shall not acquire a | 14 | | vehicle, junk
vehicle or vehicle cowl without obtaining one | 15 | | of the aforementioned
documentary proofs of ownership.
| 16 | | (3) In addition to the other information required on | 17 | | the scrap processor's
weight ticket, a scrap processor who | 18 | | at the time of acquisition of a
vehicle, junk vehicle, or | 19 | | vehicle cowl is furnished a Certificate of Title,
Salvage | 20 | | Certificate or Certificate of Purchase shall record the | 21 | | Vehicle
Identification Number on the weight ticket or affix | 22 | | a copy of the
Certificate of Title, Salvage Certificate or | 23 | | Certificate of Purchase to the
weight ticket and the | 24 | | identification of the person acquiring the
information on | 25 | | the behalf of the scrap processor.
| 26 | | (4) The scrap processor
shall maintain a copy of a Junk |
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| 1 | | Vehicle
Notification relating to any Certificate
of Title, | 2 | | Salvage Certificate, Certificate of Purchase or similarly
| 3 | | acceptable out-of-state document surrendered to the | 4 | | Secretary of State
pursuant to the provisions of Section | 5 | | 3-117.2 of this Code.
| 6 | | (5) For recyclable metals valued at $100 or more, the | 7 | | scrap processor shall, for each transaction, record the | 8 | | identity of the person from whom the recyclable metals were | 9 | | acquired by verifying the identification of that person | 10 | | from one source of identification, which shall be a valid | 11 | | driver's license or State Identification Card, on the scrap | 12 | | processor's weight ticket at the time of the acquisition | 13 | | and by making and recording a photocopy or electronic scan | 14 | | of the driver's license or State Identification Card. Such | 15 | | information shall be available for inspection by any law | 16 | | enforcement official. If the person delivering the | 17 | | recyclable metal does not have a valid driver's license or | 18 | | State Identification Card, the scrap processor shall not | 19 | | complete the transaction. The inspection of records | 20 | | pertaining only to recyclable metals shall not be counted | 21 | | as an inspection of a premises for purposes of subparagraph | 22 | | (7) of Section 5-403 of this Code.
| 23 | | This subdivision (a)(5) does not apply to
electrical | 24 | | contractors, to agencies or instrumentalities of the State | 25 | | of
Illinois or of the United States, to common carriers, to | 26 | | purchases from
persons, firms, or corporations regularly |
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| 1 | | engaged in the business of
manufacturing recyclable metal, | 2 | | in the business of selling recyclable metal at retail or
| 3 | | wholesale, or in the business of razing, demolishing, | 4 | | destroying, or removing
buildings, to the purchase by one | 5 | | recyclable metal dealer from another, or the
purchase from | 6 | | persons, firms, or corporations engaged in either the
| 7 | | generation, transmission, or distribution of electric | 8 | | energy or in
telephone, telegraph, and other | 9 | | communications if such common carriers,
persons, firms, or | 10 | | corporations at the time of the purchase provide the | 11 | | recyclable metal
dealer with a bill of sale or other | 12 | | written evidence of title to the recyclable metal. This | 13 | | subdivision (a)(5) also does not apply to contractual | 14 | | arrangements between dealers.
| 15 | | (b) Any licensee who knowingly fails to record any of the | 16 | | specific
information required to be recorded on the weight | 17 | | ticket required under any other subsection of this Section, or | 18 | | Section 5-401 of this Code, or who knowingly
fails to acquire | 19 | | and maintain for 3 years documentary proof of ownership in
one | 20 | | of the prescribed forms shall be guilty of a Class A | 21 | | misdemeanor and
subject to a fine not to exceed $1,000. Each | 22 | | violation shall constitute a
separate and distinct offense and | 23 | | a separate count may be brought in the
same complaint for each | 24 | | violation. Any licensee who commits a second
violation of this | 25 | | Section within two years of a previous conviction of a
| 26 | | violation of this Section shall be guilty of a Class 4 felony.
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| 1 | | (c) It shall be an affirmative defense to an offense | 2 | | brought under
paragraph (b) of this Section that the licensee | 3 | | or person required to be
licensed both reasonably and in good | 4 | | faith relied on information appearing
on a Certificate of | 5 | | Title, a Salvage Certificate, a Junking Certificate, a
| 6 | | Secretary of State Manifest, a Secretary of State's Uniform | 7 | | Invoice, a
Certificate of Purchase, or other documentary proof | 8 | | of ownership prepared
under Section 3-117.1(a) of this Code, | 9 | | relating to the transaction for
which the required record was | 10 | | not kept which was supplied to the licensee
by another licensee | 11 | | or an out-of-state dealer.
| 12 | | (d) No later than 15 days prior to going out of business, | 13 | | selling the
business, or transferring the ownership of the | 14 | | business, the scrap
processor shall notify the Secretary of | 15 | | that fact. Failure to so notify
the Secretary of State shall | 16 | | constitute a failure to keep
records under this Section.
| 17 | | (e) Evidence derived directly or indirectly from the | 18 | | keeping of records
required to be kept under this Section shall | 19 | | not be admissible in a
prosecution of the licensee for an | 20 | | alleged violation of Section 4-102(a)(3) of this Code.
| 21 | | (f) A scrap processor may not pay for the purchase of | 22 | | recyclable metal with cash if the purchase price for the | 23 | | recyclable metal is $100 or more. | 24 | | (Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)"; and
| 25 | | on page 1, line 4, by changing "Section 5" to "Section 10".
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