625 ILCS 5/5-401.3
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 5 - Dealers, Transporters, Wreckers And Rebuilders

 (from Ch. 95 1/2, par. 5-401.3)Sec. 5-401.3. Scrap processors required to keep records.(a) Every person licensed or required to be licensed as a scrap processor  pursuant to Section 5-301 of this Chapter shall maintain for 3 years, at  his established place of business, the following records relating to the  acquisition of recyclable metals or the acquisition of a vehicle, junk vehicle, or vehicle cowl which has been  acquired for the purpose of processing into a form other than a vehicle,  junk vehicle or vehicle cowl which is possessed in the State or brought  into this State from another state, territory or country.  No scrap metal processor shall sell a vehicle or essential part, as such,  except for engines, transmissions, and powertrains, unless licensed to do so  under another provision of this Code.  A scrap processor who is additionally  licensed as an automotive parts recycler shall not be subject to the record  keeping requirements for a scrap processor  when acting as an automotive parts  recycler.(1) For a vehicle, junk vehicle, or vehicle cowl     acquired from a person who is licensed under this Chapter, the scrap processor 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's  weight ticket at the time of the acquisition. The person disposing of the vehicle, junk vehicle, or vehicle cowl shall furnish the scrap processor with documentary proof of ownership of the vehicle, junk vehicle, or vehicle cowl in one of the following forms:  a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Junking Manifest, a Uniform Invoice, a Certificate of Purchase, or other similar documentary proof of ownership. The scrap processor shall not acquire a vehicle, junk vehicle or vehicle cowl without obtaining one of the aforementioned documentary proofs of ownership.(2) For a vehicle, junk vehicle or vehicle cowl     acquired from a person who is not licensed under this Chapter, the scrap processor shall verify and record that person's identity by recording the identification of such person from at least 2 sources of identification, one of which shall be a driver's license or State Identification Card, on the scrap processor's  weight ticket at the time of the acquisition.  The person disposing of the vehicle, junk vehicle, or vehicle cowl shall furnish the scrap processor with documentary proof of ownership of the vehicle, junk vehicle, or vehicle cowl in one of the following forms:  a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Junking Manifest, a Certificate of Purchase, or other similar documentary proof of ownership.  The scrap processor shall not acquire a vehicle, junk vehicle or vehicle cowl without obtaining one of the aforementioned documentary proofs of ownership.(3) In addition to the other information required on     the scrap processor's  weight ticket, a scrap processor who at the time of acquisition of a vehicle, junk vehicle, or vehicle cowl is furnished a Certificate of Title, Salvage Certificate or Certificate of Purchase shall record the Vehicle Identification Number on the weight ticket or affix a copy of the Certificate of Title, Salvage Certificate or Certificate of Purchase to the weight ticket and the identification of the person acquiring the information on the behalf of the scrap processor.(4) The scrap processor 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.(5) For recyclable metals valued at $100 or more, the     scrap processor shall, for each transaction, record the identity of the person from whom the recyclable metals were acquired by verifying the identification of that person from one source of identification, which shall be a valid driver's license or State Identification Card, on the scrap processor's weight ticket at the time of the acquisition and by making and recording a color photocopy or electronic scan of the driver's license or State Identification Card.  Such information shall be available for inspection by any law enforcement official.  If the person delivering the recyclable metal does not have a valid driver's license or State Identification Card, the scrap processor shall not complete the transaction. The inspection of records pertaining only to recyclable metals shall not be counted as an inspection of a premises for purposes of subparagraph (7) of Section 5-403 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 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. This subdivision (a)(5) also does not apply to contractual arrangements between dealers.(b) Any licensee who knowingly fails to record any of the specific  information required to be recorded on the weight ticket required under any other subsection of this Section, or Section 5-401 of this Code, or who knowingly  fails to acquire and maintain for 3 years documentary proof of ownership in  one of the prescribed forms shall be guilty of a Class A misdemeanor and  subject to a fine not to exceed $1,000.  Each violation shall constitute a  separate and distinct offense and a separate count may be brought in the  same complaint for each violation.  Any licensee who commits a second  violation of this Section within two years of a previous conviction of a  violation of this Section shall be guilty of a Class 4 felony.(c) It shall be an affirmative defense to an offense brought under  paragraph (b) of this Section that the licensee 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(a) of this Code, relating to the transaction for  which the required record was not kept which was supplied to the licensee  by another licensee or an out-of-state dealer.(d) No later than 15 days prior to going out of business, selling the  business, or transferring the ownership of the business, the scrap  processor shall notify the Secretary of that fact.  Failure to so notify  the Secretary of State shall constitute a failure to keep  records under this Section.(e) Evidence derived directly or indirectly from the keeping of records  required to be kept under this Section shall not be admissible in a  prosecution of the licensee for an alleged violation of Section 4-102(a)(3) of this Code.  (Source: P.A. 100-956, eff. 1-1-19.)