HB 1654 — VEH CD-SCRAP PROCESSOR RECORDS

HB1654 EngrossedEnrolled LRB095 09874 DRH 30085 b AN ACT concerning transportation.

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 HB1654 EngrossedEnrolled - 2 - LRB095 09874 DRH 30085 b processors, salvage yards, collectors of or dealers in junk, and junk carts or trucks.

(1) For a vehicle, junk vehicle, or vehicle cowl acquired from a person who is licensed under this Chapter, HB1654 EngrossedEnrolled - 3 - LRB095 09874 DRH 30085 b 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 HB1654 EngrossedEnrolled - 4 - LRB095 09874 DRH 30085 b 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:

(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 HB1654 EngrossedEnrolled - 5 - LRB095 09874 DRH 30085 b 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, 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 HB1654 EngrossedEnrolled - 6 - LRB095 09874 DRH 30085 b 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 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 HB1654 EngrossedEnrolled - 7 - LRB095 09874 DRH 30085 b (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.

(b) The purchaser shall obtain a proof of ownership record HB1654 EngrossedEnrolled - 8 - LRB095 09874 DRH 30085 b 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.

(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 HB1654 EngrossedEnrolled - 9 - LRB095 09874 DRH 30085 b 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.

The fact that a HB1654 EngrossedEnrolled - 10 - LRB095 09874 DRH 30085 b licensee or representative of the licensee leaves the licensed premises after an inspection has been initiated shall not require the termination of the inspection.

(8) Nothing in this Section shall be construed to limit the HB1654 EngrossedEnrolled - 11 - LRB095 09874 DRH 30085 b authority of individuals by the Secretary pursuant to this Section to conduct searches of licensees pursuant to a duly issued and authorized search warrant.