HB 4133 — VEH CD-RECYCLABLE METALS

*LRB09513383DRH39052b* HB4133 95THEngrossed GENERALLRB095 ASSEMBLY13383 StateDRH of39052 Illinoisb andAN 2008ACT HB4133concerning byrecyclable Rep.metals.

John A.

Fritchey SYNOPSIS AS INTRODUCED:

ILCS 5/5-401.3 from Ch.

95 1/2, par.

5-401.3 ILCS 5/5-403 from Ch.

95 1/2, par.

5-403 Amends the Illinois Vehicle Code.

In provisions dealing with records to be kept by scrap processors and recyclable metal dealers, replaces references to "scrap metals" with references to "recyclable metals".

Effective January 1, 2008.

LRB095 13383 DRH 39052 b A BILL FOR HB4133 LRB095 13383 DRH 39052 b AN ACT concerning recyclable metals.

A scrap processor or recyclable metal dealer who is additionally licensed as an HB4133 Engrossed - 2 - LRB095 13383 DRH 39052 b 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.

(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 HB4133 Engrossed - 3 - LRB095 13383 DRH 39052 b of identification, one of 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.

HB4133 Engrossed - 4 - LRB095 13383 DRH 39052 b (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.

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, HB4133 Engrossed - 5 - LRB095 13383 DRH 39052 b 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.

(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 HB4133 Engrossed - 6 - LRB095 13383 DRH 39052 b 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.

(1) Authorized representatives of the Secretary of State including officers of the Secretary of State’s Department of Police, other peace officers, and such HB4133 Engrossed - 7 - LRB095 13383 DRH 39052 b 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.

(4) Inspection conducted pursuant to Chapter 5 may be HB4133 Engrossed - 8 - LRB095 13383 DRH 39052 b 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.

For the purpose of this subparagraph (7), the HB4133 Engrossed - 9 - LRB095 13383 DRH 39052 b 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.