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Public Act 095-0253


 

Public Act 0253 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0253
 
SB0069 Enrolled LRB095 03358 WGH 23767 b

    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.)

Effective Date: 1/1/2008