Bill Text: IL HB4589 | 2023-2024 | 103rd General Assembly | Enrolled

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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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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
(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.
Section 10. The Illinois Vehicle Code is amended by adding
Sections 1-110.05 and 1-115.01 as follows:
(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.
(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.
Section 15. The Recyclable Metal Purchase Registration Law
is amended by changing Sections 2, 3, 4.1, and 4.4 as follows:
(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.)
(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.)
(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.

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(b) (Blank). This Section shall not apply when the seller
produces written documentation reasonably demonstrating that
the seller is the owner of the recyclable metal material or is
authorized to sell the material on behalf of the owner. The
recyclable metal dealer shall copy any such documentation and
maintain it along with the purchase record required by Section
3 of this Act.
(Source: P.A. 102-906, eff. 5-27-22.)