Illinois General Assembly - Full Text of HB4589
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Full Text of HB4589  103rd General Assembly



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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    (20 ILCS 4005/12 rep.)
5    Section 5. The Illinois Vehicle Hijacking and Motor
6Vehicle Theft Prevention and Insurance Verification Act is
7amended by repealing Section 12.
8    Section 10. The Illinois Vehicle Code is amended by adding
9Sections 1-110.05 and 1-115.01 as follows:
10    (625 ILCS 5/1-110.05 new)
11    Sec. 1-110.05. Catalytic converter.
12    "Catalytic converter" means a post-combustion device that:
13(1) oxidizes hydrocarbons and carbon monoxide gases or reduces
14oxides of nitrogen; and (2) is designed or intended for use as
15part of an emission control system. As used in this Section,
16"catalytic converter" includes nonferrous parts, including
17rhodium, platinum, and palladium.
18    (625 ILCS 5/1-115.01 new)
19    Sec. 1-115.01. Detached catalytic converter.
20    "Detached catalytic converter" means a catalytic
21converter, as defined in Section 1-110.05 of the Code, that



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1was previously installed on a motor vehicle and subsequently
3    Section 15. The Recyclable Metal Purchase Registration Law
4is amended by changing Sections 2, 3, 4.1, and 4.4 as follows:
5    (815 ILCS 325/2)  (from Ch. 121 1/2, par. 322)
6    Sec. 2. Definitions. When used in this Act:
7    "Catalytic converter" means a post-combustion device that
8oxidizes hydrocarbons and carbon monoxide gases or reduces
9oxides of nitrogen and that is designed or intended for use as
10part of an emission control system. As used in this Section,
11"catalytic converter" includes nonferrous parts, including
12rhodium, platinum, and palladium.
13    "Detached catalytic converter" means a catalytic converter
14that was previously installed on a motor vehicle and
15subsequently removed.
16    "Recyclable metal" means any copper, brass, or aluminum,
17or any combination of those metals, or any catalytic converter
18or its contents purchased by a recyclable metal dealer,
19irrespective of form or quantity, except that "recyclable
20metal" does not include: (i) items designed to contain, or to
21be used in the preparation of, beverages or food for human
22consumption; (ii) discarded items of non-commercial or
23household waste; (iii) gold, silver, platinum, and other
24precious metals used in jewelry; or (iv) vehicles, junk



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1vehicles, vehicle cowls, or essential vehicle parts.
2    "Recyclable metal dealer" means any individual, firm,
3corporation or partnership conducting activity within the
4boundaries of the State of Illinois and engaged in the
5business of purchasing and reselling recyclable metal either
6at a permanently established place of business or in
7connection with a business of an itinerant nature, including
8junk shops, junk yards, or junk stores, except that
9"recyclable metal dealer" does not include automotive parts
10recyclers, scrap processors, repairers and rebuilders licensed
11pursuant to Section 5-301 of the Illinois Vehicle Code.
12Recyclable metal dealers shall not be engaged in the business
13of purchasing or reselling vehicles, junk vehicles, vehicle
14cowls, or essential vehicle parts.
15(Source: P.A. 102-906, eff. 5-27-22.)
16    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
17    Sec. 3. Records of purchases. Except as provided in
18Section 5 of this Act every recyclable metal dealer in this
19State shall enter into an electronic record-keeping system for
20each purchase of recyclable metal, a catalytic converter or
21its contents, or recyclable metal containing copper the
22following information:
23        1. The name and address of the recyclable metal
24    dealer;
25        2. The date and place of each purchase;



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1        3. The name, address, and copy of the license as an
2    automotive parts recycler or scrap processor issued by the
3    Secretary of State of the person or persons from whom the
4    recyclable metal was purchased, which shall be verified
5    from a valid driver's license or other government-issued
6    photo identification. The recyclable metal dealer shall
7    make and record a photocopy or electronic scan of the
8    license as an automotive parts recycler or scrap processor
9    issued by the Secretary of State and driver's license or
10    other government-issued photo identification. If the
11    person delivering the recyclable metal does not have a
12    valid driver's license or other government-issued photo
13    identification, the recyclable metal dealer shall not
14    complete the transaction;
15        4. The motor vehicle license number and state of
16    issuance of the motor vehicle license number of the
17    vehicle or conveyance on which the recyclable metal was
18    delivered to the recyclable metal dealer;
19        5. A description of the recyclable metal purchased,
20    including the weight and whether it consists of bars,
21    cable, ingots, rods, tubing, wire, wire scraps, clamps,
22    connectors, other appurtenances, or some combination
23    thereof, and, in a transaction involving a catalytic
24    converter, the vehicle identification number of the
25    vehicle from which the catalytic converter was removed and
26    any numbers, bar codes, stickers, or other unique markings



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1    of the catalytic converter that was removed;
2        6. Photographs or video, or both, of the seller and of
3    the materials as presented on the scale; and
4        7. A declaration signed and dated by the person or
5    persons from whom the recyclable metal was purchased which
6    states the following:
7            "I, the undersigned, affirm under penalty of law
8        that the property that is subject to this transaction
9        is not to the best of my knowledge stolen property.";
10        and .
11        8. A copy of the certificate of title or uniform
12    invoice showing the seller's ownership in the vehicle in
13    the case of a transaction involving a catalytic converter.
14    A copy of the recorded information shall be kept in an
15electronic record-keeping system by the recyclable metal
16dealer. Purchase records shall be retained for a period of 3
17years. Photographs shall be retained for a period of 3 months
18and video recordings shall be retained for a period of one
19month. The electronic record-keeping system shall be made
20available for inspection by any law enforcement official or
21the representatives of common carriers and persons, firms,
22corporations or municipal corporations engaged in either the
23generation, transmission or distribution of electric energy or
24engaged in telephone, telegraph or other communications, at
25any time. A recyclable metal dealer must complete and file a
261099-MISC on behalf of the seller, unless the seller has a



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1current license as an automotive parts recycler or scrap
2processor issued by the Secretary of State.
3(Source: P.A. 102-906, eff. 5-27-22.)
4    (815 ILCS 325/4.1)
5    Sec. 4.1. Restricted purchases.
6    (a) It is a violation of this Act for any person to
7possess, purchase, attempt to purchase, sell or attempt to
8sell, or for any recyclable metal dealer to purchase or
9attempt to purchase, any of the following:
10        (1) materials that are clearly marked as property
11    belonging to a business or someone else other than the
12    seller;
13        (2) property associated with use by governments,
14    utilities, or railroads including, but not limited to,
15    guardrails, manhole covers, electric transmission and
16    distribution equipment, including transformers, grounding
17    straps, wires or poles, historical markers, street signs,
18    traffic signs, sewer grates, or any rail, switch
19    component, spike, angle bar, tie plate, or bolt of the
20    type used in constructing railroad track;
21        (3) cemetery plaques or ornaments; or
22        (4) any catalytic converter or its contents not
23    attached to a motor vehicle at the time of the transaction
24    unless the seller is licensed as an automotive parts
25    recycler or scrap processor.



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1    (b) (Blank). This Section shall not apply when the seller
2produces written documentation reasonably demonstrating that
3the seller is the owner of the recyclable metal material or is
4authorized to sell the material on behalf of the owner. The
5recyclable metal dealer shall copy any such documentation and
6maintain it along with the purchase record required by Section
73 of this Act.
8(Source: P.A. 102-906, eff. 5-27-22.)
9    (815 ILCS 325/4.4)
10    Sec. 4.4. Purchase of a catalytic converter or its
12    (a) It is unlawful for any person to purchase or otherwise
13acquire a used, detached catalytic converter or any nonferrous
14part thereof unless all of the following apply:
15        (1) the person is a licensed recyclable metal dealer;
16        (2) the sale or purchase occurs at the fixed business
17    address of a licensed recyclable metal dealer that is a
18    party to the transaction; and
19        (3) the purchaser has maintained the information
20    required under Section 3 of the Recyclable Metal Purchase
21    Registration Law.
22    (b) A recyclable metal dealer shall not pay cash in
23payment for any catalytic converter or its contents having a
24value of $100 or more.
25(Source: P.A. 102-906, eff. 5-27-22.)