Bill Text: IL HB4589 | 2023-2024 | 103rd General Assembly | Enrolled
Bill Title: Amends the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act. Eliminates the provision that provided for the repeal of the Act on January 1, 2025. Amends the Illinois Vehicle Code. Includes "catalytic converter" in the definition of "essential parts". Amends the Recyclable Metal Purchase Registration Law. Excludes catalytic converter from the definition of "recyclable metals". Requires transactions involving a catalytic converter to include the identification number of the vehicle from which the catalytic converter was removed and the part number or other identifying number of the catalytic converter that was removed. Provides that, in a transaction involving a catalytic converter, the recyclable metal dealer must also require a copy of the certificate of title or registration showing the seller's ownership in the vehicle. Makes it unlawful for any person to purchase or otherwise acquire a used, detached catalytic converter or any nonferrous part thereof unless specified conditions are met. Provides that a used, detached catalytic converter does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with the United States Environmental Protection Agency Clean Air Act. Defines terms. Makes technical changes.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Enrolled) 2024-06-13 - Sent to the Governor [HB4589 Detail]
Download: Illinois-2023-HB4589-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | (20 ILCS 4005/12 rep.) | ||||||
5 | Section 5. The Illinois Vehicle Hijacking and Motor | ||||||
6 | Vehicle Theft Prevention and Insurance Verification Act is | ||||||
7 | amended by repealing Section 12.
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8 | Section 10. The Illinois Vehicle Code is amended by adding | ||||||
9 | Sections 1-110.05 and 1-115.01 as follows:
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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 | ||||||
14 | oxides of nitrogen; and (2) is designed or intended for use as | ||||||
15 | part of an emission control system. As used in this Section, | ||||||
16 | "catalytic converter" includes nonferrous parts, including | ||||||
17 | rhodium, platinum, and palladium.
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18 | (625 ILCS 5/1-115.01 new) | ||||||
19 | Sec. 1-115.01. Detached catalytic converter. | ||||||
20 | "Detached catalytic converter" means a catalytic | ||||||
21 | converter, as defined in Section 1-110.05 of the Code, that |
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1 | was previously installed on a motor vehicle and subsequently | ||||||
2 | removed.
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3 | Section 15. The Recyclable Metal Purchase Registration Law | ||||||
4 | is amended by changing Sections 2, 3, 4.1, and 4.4 as follows:
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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 | ||||||
8 | oxidizes hydrocarbons and carbon monoxide gases or reduces | ||||||
9 | oxides of nitrogen and that is designed or intended for use as | ||||||
10 | part of an emission control system. As used in this Section, | ||||||
11 | "catalytic converter" includes nonferrous parts, including | ||||||
12 | rhodium, platinum, and palladium. | ||||||
13 | "Detached catalytic converter" means a catalytic converter | ||||||
14 | that was previously installed on a motor vehicle and | ||||||
15 | subsequently removed. | ||||||
16 | "Recyclable metal" means any copper, brass, or aluminum, | ||||||
17 | or any combination of those metals, or any catalytic converter | ||||||
18 | or its contents purchased by a recyclable metal dealer, | ||||||
19 | irrespective of form or quantity, except that "recyclable | ||||||
20 | metal" does not include: (i) items designed to contain, or to | ||||||
21 | be used in the preparation of, beverages or food for human | ||||||
22 | consumption; (ii) discarded items of non-commercial or | ||||||
23 | household waste; (iii) gold, silver, platinum, and other | ||||||
24 | precious metals used in jewelry; or (iv) vehicles, junk |
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1 | vehicles, vehicle cowls, or essential vehicle parts. | ||||||
2 | "Recyclable metal dealer" means any individual, firm, | ||||||
3 | corporation or partnership conducting activity within the | ||||||
4 | boundaries of the State of Illinois and engaged in the | ||||||
5 | business of purchasing and reselling recyclable metal either | ||||||
6 | at a permanently established place of business or in | ||||||
7 | connection with a business of an itinerant nature, including | ||||||
8 | junk shops, junk yards, or junk stores, except that | ||||||
9 | "recyclable metal dealer" does not include automotive parts | ||||||
10 | recyclers, scrap processors, repairers and rebuilders licensed | ||||||
11 | pursuant to Section 5-301 of the Illinois Vehicle Code. | ||||||
12 | Recyclable metal dealers shall not be engaged in the business | ||||||
13 | of purchasing or reselling vehicles, junk vehicles, vehicle | ||||||
14 | cowls, or essential vehicle parts. | ||||||
15 | (Source: P.A. 102-906, eff. 5-27-22.)
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16 | (815 ILCS 325/3) (from Ch. 121 1/2, par. 323) | ||||||
17 | Sec. 3. Records of purchases. Except as provided in | ||||||
18 | Section 5 of this Act every recyclable metal dealer in this | ||||||
19 | State shall enter into an electronic record-keeping system for | ||||||
20 | each purchase of recyclable metal, a catalytic converter or | ||||||
21 | its contents, or recyclable metal containing copper the | ||||||
22 | following 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 | ||||||
15 | electronic record-keeping system by the recyclable metal | ||||||
16 | dealer. Purchase records shall be retained for a period of 3 | ||||||
17 | years. Photographs shall be retained for a period of 3 months | ||||||
18 | and video recordings shall be retained for a period of one | ||||||
19 | month. The electronic record-keeping system shall be made | ||||||
20 | available for inspection by any law enforcement official or | ||||||
21 | the representatives of common carriers and persons, firms, | ||||||
22 | corporations or municipal corporations engaged in either the | ||||||
23 | generation, transmission or distribution of electric energy or | ||||||
24 | engaged in telephone, telegraph or other communications, at | ||||||
25 | any time. A recyclable metal dealer must complete and file a | ||||||
26 | 1099-MISC on behalf of the seller, unless the seller has a |
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1 | current license as an automotive parts recycler or scrap | ||||||
2 | processor issued by the Secretary of State. | ||||||
3 | (Source: P.A. 102-906, eff. 5-27-22.)
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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 | ||||||
7 | possess, purchase, attempt to purchase, sell or attempt to | ||||||
8 | sell, or for any recyclable metal dealer to purchase or | ||||||
9 | attempt 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 | ||||||
2 | produces written documentation reasonably demonstrating that | ||||||
3 | the seller is the owner of the recyclable metal material or is | ||||||
4 | authorized to sell the material on behalf of the owner. The | ||||||
5 | recyclable metal dealer shall copy any such documentation and | ||||||
6 | maintain it along with the purchase record required by Section | ||||||
7 | 3 of this Act. | ||||||
8 | (Source: P.A. 102-906, eff. 5-27-22.)
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