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| Public Act 103-0677
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| HB4589 Enrolled | LRB103 37108 MXP 67227 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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(20 ILCS 4005/12 rep.) |
Section 5. The Illinois Vehicle Hijacking and Motor |
Vehicle Theft Prevention and Insurance Verification Act is |
amended by repealing Section 12.
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Section 10. The Illinois Vehicle Code is amended by adding |
Sections 1-110.05 and 1-115.01 as follows:
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(625 ILCS 5/1-110.05 new) |
Sec. 1-110.05. Catalytic converter. |
"Catalytic converter" means a post-combustion device that: |
(1) oxidizes hydrocarbons and carbon monoxide gases or reduces |
oxides of nitrogen; and (2) is designed or intended for use as |
part of an emission control system. As used in this Section, |
"catalytic converter" includes nonferrous parts, including |
rhodium, platinum, and palladium.
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(625 ILCS 5/1-115.01 new) |
Sec. 1-115.01. Detached catalytic converter. |
"Detached catalytic converter" means a catalytic |
converter, as defined in Section 1-110.05 of the Code, that |
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was previously installed on a motor vehicle and subsequently |
removed.
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Section 15. The Recyclable Metal Purchase Registration Law |
is amended by changing Sections 2, 3, 4.1, and 4.4 as follows:
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(815 ILCS 325/2) (from Ch. 121 1/2, par. 322) |
Sec. 2. Definitions. When used in this Act: |
"Catalytic converter" means a post-combustion device that |
oxidizes hydrocarbons and carbon monoxide gases or reduces |
oxides of nitrogen and that is designed or intended for use as |
part of an emission control system. As used in this Section, |
"catalytic converter" includes nonferrous parts, including |
rhodium, platinum, and palladium. |
"Detached catalytic converter" means a catalytic converter |
that was previously installed on a motor vehicle and |
subsequently removed. |
"Recyclable metal" means any copper, brass, or aluminum, |
or any combination of those metals, or any catalytic converter |
or its contents purchased by a recyclable metal dealer, |
irrespective of form or quantity, except that "recyclable |
metal" does not include: (i) items designed to contain, or to |
be used in the preparation of, beverages or food for human |
consumption; (ii) discarded items of non-commercial or |
household waste; (iii) gold, silver, platinum, and other |
precious metals used in jewelry; or (iv) vehicles, junk |
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vehicles, vehicle cowls, or essential vehicle parts. |
"Recyclable metal dealer" means any individual, firm, |
corporation or partnership conducting activity within the |
boundaries of the State of Illinois and 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, or junk stores, except that |
"recyclable metal dealer" does not include automotive parts |
recyclers, scrap processors, repairers and rebuilders licensed |
pursuant to Section 5-301 of the Illinois Vehicle Code. |
Recyclable metal dealers shall not be engaged in the business |
of purchasing or reselling vehicles, junk vehicles, vehicle |
cowls, or essential vehicle parts. |
(Source: P.A. 102-906, eff. 5-27-22.)
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(815 ILCS 325/3) (from Ch. 121 1/2, par. 323) |
Sec. 3. Records of purchases. Except as provided in |
Section 5 of this Act every recyclable metal dealer in this |
State shall enter into an electronic record-keeping system for |
each purchase of recyclable metal, a catalytic converter or |
its contents, or recyclable metal containing copper the |
following information: |
1. The name and address of the recyclable metal |
dealer; |
2. The date and place of each purchase; |
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3. The name, address, and copy of the license as an |
automotive parts recycler or scrap processor issued by the |
Secretary of State of the person or persons from whom the |
recyclable metal was purchased, which shall be verified |
from a valid driver's license or other government-issued |
photo identification. The recyclable metal dealer shall |
make and record a photocopy or electronic scan of the |
license as an automotive parts recycler or scrap processor |
issued by the Secretary of State and driver's license or |
other government-issued photo identification. If the |
person delivering the recyclable metal does not have a |
valid driver's license or other government-issued photo |
identification, the recyclable metal dealer shall not |
complete the transaction; |
4. The motor vehicle license number and state of |
issuance of the motor vehicle license number of the |
vehicle or conveyance on which the recyclable metal was |
delivered to the recyclable metal dealer; |
5. A description of the recyclable metal purchased, |
including the weight and whether it consists of bars, |
cable, ingots, rods, tubing, wire, wire scraps, clamps, |
connectors, other appurtenances, or some combination |
thereof, and, in a transaction involving a catalytic |
converter, the vehicle identification number of the |
vehicle from which the catalytic converter was removed and |
any numbers, bar codes, stickers, or other unique markings |
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of the catalytic converter that was removed; |
6. Photographs or video, or both, of the seller and of |
the materials as presented on the scale; and |
7. A declaration signed and dated by the person or |
persons from whom the recyclable metal was purchased which |
states the following: |
"I, the undersigned, affirm under penalty of law |
that the property that is subject to this transaction |
is not to the best of my knowledge stolen property."; |
and . |
8. A copy of the certificate of title or uniform |
invoice showing the seller's ownership in the vehicle in |
the case of a transaction involving a catalytic converter. |
A copy of the recorded information shall be kept in an |
electronic record-keeping system by the recyclable metal |
dealer. Purchase records shall be retained for a period of 3 |
years. Photographs shall be retained for a period of 3 months |
and video recordings shall be retained for a period of one |
month. The electronic record-keeping system shall be made |
available for inspection by any law enforcement official or |
the representatives of common carriers and persons, firms, |
corporations or municipal corporations engaged in either the |
generation, transmission or distribution of electric energy or |
engaged in telephone, telegraph or other communications, at |
any time. A recyclable metal dealer must complete and file a |
1099-MISC on behalf of the seller, unless the seller has a |
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current license as an automotive parts recycler or scrap |
processor issued by the Secretary of State. |
(Source: P.A. 102-906, eff. 5-27-22.)
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(815 ILCS 325/4.1) |
Sec. 4.1. Restricted purchases. |
(a) It is a violation of this Act for any person to |
possess, purchase, attempt to purchase, sell or attempt to |
sell, or for any recyclable metal dealer to purchase or |
attempt to purchase, any of the following: |
(1) materials that are clearly marked as property |
belonging to a business or someone else other than the |
seller; |
(2) property associated with use by governments, |
utilities, or railroads including, but not limited to, |
guardrails, manhole covers, electric transmission and |
distribution equipment, including transformers, grounding |
straps, wires or poles, historical markers, street signs, |
traffic signs, sewer grates, or any rail, switch |
component, spike, angle bar, tie plate, or bolt of the |
type used in constructing railroad track; |
(3) cemetery plaques or ornaments; or |
(4) any catalytic converter or its contents not |
attached to a motor vehicle at the time of the transaction |
unless the seller is licensed as an automotive parts |
recycler or scrap processor. |
