97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3822

 

Introduced 10/5/2011, by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/5-401.3  from Ch. 95 1/2, par. 5-401.3

    Amends the Illinois Vehicle Code. Provides that a scrap processor may not pay for the purchase of recyclable metals with cash.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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    (a) Every person licensed or required to be licensed as a
9scrap processor pursuant to Section 5-301 of this Chapter shall
10maintain for 3 years, at his established place of business, the
11following records relating to the acquisition of recyclable
12metals or the acquisition of a vehicle, junk vehicle, or
13vehicle cowl which has been acquired for the purpose of
14processing into a form other than a vehicle, junk vehicle or
15vehicle cowl which is possessed in the State or brought into
16this State from another state, territory or country. No scrap
17metal processor shall sell a vehicle or essential part, as
18such, except for engines, transmissions, and powertrains,
19unless licensed to do so under another provision of this Code.
20A scrap processor who is additionally licensed as an automotive
21parts recycler shall not be subject to the record keeping
22requirements for a scrap processor when acting as an automotive
23parts recycler.

 

 

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1        (1) For a vehicle, junk vehicle, or vehicle cowl
2    acquired from a person who is licensed under this Chapter,
3    the scrap processor shall record the name and address of
4    the person, and the Illinois or out-of-state dealer license
5    number of such person on the scrap processor's weight
6    ticket at the time of the acquisition. The person disposing
7    of the vehicle, junk vehicle, or vehicle cowl shall furnish
8    the scrap processor with documentary proof of ownership of
9    the vehicle, junk vehicle, or vehicle cowl in one of the
10    following forms: a Certificate of Title, a Salvage
11    Certificate, a Junking Certificate, a Secretary of State
12    Junking Manifest, a Uniform Invoice, a Certificate of
13    Purchase, or other similar documentary proof of ownership.
14    The scrap processor shall not acquire a vehicle, junk
15    vehicle or vehicle cowl without obtaining one of the
16    aforementioned documentary proofs of ownership.
17        (2) For a vehicle, junk vehicle or vehicle cowl
18    acquired from a person who is not licensed under this
19    Chapter, the scrap processor shall verify and record that
20    person's identity by recording the identification of such
21    person from at least 2 sources of identification, one of
22    which shall be a driver's license or State Identification
23    Card, on the scrap processor's weight ticket at the time of
24    the acquisition. The person disposing of the vehicle, junk
25    vehicle, or vehicle cowl shall furnish the scrap processor
26    with documentary proof of ownership of the vehicle, junk

 

 

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1    vehicle, or vehicle cowl in one of the following forms: a
2    Certificate of Title, a Salvage Certificate, a Junking
3    Certificate, a Secretary of State Junking Manifest, a
4    Certificate of Purchase, or other similar documentary
5    proof of ownership. The scrap processor shall not acquire a
6    vehicle, junk vehicle or vehicle cowl without obtaining one
7    of the aforementioned documentary proofs of ownership.
8        (3) In addition to the other information required on
9    the scrap processor's weight ticket, a scrap processor who
10    at the time of acquisition of a vehicle, junk vehicle, or
11    vehicle cowl is furnished a Certificate of Title, Salvage
12    Certificate or Certificate of Purchase shall record the
13    Vehicle Identification Number on the weight ticket or affix
14    a copy of the Certificate of Title, Salvage Certificate or
15    Certificate of Purchase to the weight ticket and the
16    identification of the person acquiring the information on
17    the behalf of the scrap processor.
18        (4) The scrap processor shall maintain a copy of a Junk
19    Vehicle Notification relating to any Certificate of Title,
20    Salvage Certificate, Certificate of Purchase or similarly
21    acceptable out-of-state document surrendered to the
22    Secretary of State pursuant to the provisions of Section
23    3-117.2 of this Code.
24        (5) For recyclable metals valued at $100 or more, the
25    scrap processor shall, for each transaction, record the
26    identity of the person from whom the recyclable metals were

 

 

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1    acquired by verifying the identification of that person
2    from one source of identification, which shall be a valid
3    driver's license or State Identification Card, on the scrap
4    processor's weight ticket at the time of the acquisition
5    and by making and recording a photocopy or electronic scan
6    of the driver's license or State Identification Card. Such
7    information shall be available for inspection by any law
8    enforcement official. If the person delivering the
9    recyclable metal does not have a valid driver's license or
10    State Identification Card, the scrap processor shall not
11    complete the transaction. The inspection of records
12    pertaining only to recyclable metals shall not be counted
13    as an inspection of a premises for purposes of subparagraph
14    (7) of Section 5-403 of this Code.
15        This subdivision (a)(5) does not apply to electrical
16    contractors, to agencies or instrumentalities of the State
17    of Illinois or of the United States, to common carriers, to
18    purchases from persons, firms, or corporations regularly
19    engaged in the business of manufacturing recyclable metal,
20    in the business of selling recyclable metal at retail or
21    wholesale, or in the business of razing, demolishing,
22    destroying, or removing buildings, to the purchase by one
23    recyclable metal dealer from another, or the purchase from
24    persons, firms, or corporations engaged in either the
25    generation, transmission, or distribution of electric
26    energy or in telephone, telegraph, and other

 

 

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1    communications if such common carriers, persons, firms, or
2    corporations at the time of the purchase provide the
3    recyclable metal dealer with a bill of sale or other
4    written evidence of title to the recyclable metal. This
5    subdivision (a)(5) also does not apply to contractual
6    arrangements between dealers.
7    (b) Any licensee who knowingly fails to record any of the
8specific information required to be recorded on the weight
9ticket required under any other subsection of this Section, or
10Section 5-401 of this Code, or who knowingly fails to acquire
11and maintain for 3 years documentary proof of ownership in one
12of the prescribed forms shall be guilty of a Class A
13misdemeanor and subject to a fine not to exceed $1,000. Each
14violation shall constitute a separate and distinct offense and
15a separate count may be brought in the same complaint for each
16violation. Any licensee who commits a second violation of this
17Section within two years of a previous conviction of a
18violation of this Section shall be guilty of a Class 4 felony.
19    (c) It shall be an affirmative defense to an offense
20brought under paragraph (b) of this Section that the licensee
21or person required to be licensed both reasonably and in good
22faith relied on information appearing on a Certificate of
23Title, a Salvage Certificate, a Junking Certificate, a
24Secretary of State Manifest, a Secretary of State's Uniform
25Invoice, a Certificate of Purchase, or other documentary proof
26of ownership prepared under Section 3-117.1(a) of this Code,

 

 

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1relating to the transaction for which the required record was
2not kept which was supplied to the licensee by another licensee
3or an out-of-state dealer.
4    (d) No later than 15 days prior to going out of business,
5selling the business, or transferring the ownership of the
6business, the scrap processor shall notify the Secretary of
7that fact. Failure to so notify the Secretary of State shall
8constitute a failure to keep records under this Section.
9    (e) Evidence derived directly or indirectly from the
10keeping of records required to be kept under this Section shall
11not be admissible in a prosecution of the licensee for an
12alleged violation of Section 4-102(a)(3) of this Code.
13    (f) A scrap processor may not pay for the purchase of
14recyclable metals with cash.
15(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)