97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5140

 

Introduced 2/8/2012, by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code. Changes the definition of "automotive parts recycler" to mean a person who is in the business of acquiring previously owned vehicles and vehicle parts for the primary purpose of disposing of an entire vehicle or parts of vehicles (instead of only parts of vehicles) in a manner other than that described in the definition of a "scrap processor" in the Code. Modifies the definitions of "remittance agent" and "remitter" to include persons who give and receive money for the payment of registration plates, vehicle certificates of title, taxes, or registration fees (rather than the payment of vehicle taxes, license or registration fees). Provides that an application for a salvage certificate shall be submitted to the Secretary of State when any licensed rebuilder, repairer, new or used vehicle dealer, or remittance agent has applied for title to a vehicle that he or she knows or should have known to have sustained damages in excess of 33 1/3% of the vehicle's fair market value. Provides that an application for a remittance agent license must be accompanied by other information the Secretary may require and by a statement that the applicant has not committed in the past 3 years any violation as determined in any civil, criminal, or administrative proceedings under the Retailers' Occupation Tax Act or under portions of the Illinois Vehicle Code concerning title and registration requirements. Modifies language concerning the purpose of an Article concerning remittance agents and in Sections concerning the denial, suspension, and revocation of remittance agent licenses. Removes language from a Section concerning the application of the Article concerning remittance agents, a Section concerning the licensing of remittance agents, and a Section concerning hearings and subpoenas. Effective immediately.


LRB097 19020 HEP 65503 b

 

 

A BILL FOR

 

HB5140LRB097 19020 HEP 65503 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-105.3, 1-171.01a, 1-171.01c, 3-117.1, 3-901, 3-902,
63-903, 3-904, 3-906, 3-907, 3-913, and 5-301 as follows:
 
7    (625 ILCS 5/1-105.3)
8    Sec. 1-105.3. Automotive parts recycler. A person who is in
9the business of acquiring previously owned vehicles and vehicle
10parts for the primary purpose of disposing of parts of vehicles
11in a manner other than that described in the definition of a
12"scrap processor" in this Code or disposing of previously owned
13vehicles in the manner described in the definition of a "scrap
14processor" in this Code.
15(Source: P.A. 90-89, eff. 1-1-98.)
 
16    (625 ILCS 5/1-171.01a)
17    Sec. 1-171.01a. Remittance agent. For the purposes of
18Article IX of Chapter 3, the term "remittance agent" means any
19person who, for a fee or compensation for services rendered,
20holds himself or herself out to the public as being engaged in
21or who engages in accepting money for remittance to the State
22of Illinois or any of its instrumentalities or political

 

 

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1subdivisions, or to any of their officials, for the payment of
2registration plates, vehicle certificates of title, taxes,
3vehicle taxes or vehicle license or registration fees
4regardless of when the money is accepted from the public or
5remitted to the State, whether or not the person renders any
6other service in connection with the making of any such
7remittance or is engaged in any other endeavor. The term
8"remittance agent" does not include any licensed dealer in
9motor vehicles who accepts money for remittance to the State of
10Illinois for the payment of registration plates, vehicle
11certificates of title, taxes, vehicle taxes or vehicle licenses
12or registration fees as an incident to his or her business as a
13motor vehicle dealer.
14(Source: P.A. 90-89, eff. 1-1-98.)
 
15    (625 ILCS 5/1-171.01c)
16    Sec. 1-171.01c. Remitter. Any person who gives money to a
17remittance agent to submit to the State of Illinois and its
18licensing and taxing agencies for the payment of registration
19plates, vehicle certificates of title, taxes, or vehicle taxes
20or vehicle license and registration fees.
21(Source: P.A. 90-89, eff. 1-1-98.)
 
22    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
23    Sec. 3-117.1. When junking certificates or salvage
24certificates must be obtained.

 

 

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1    (a) Except as provided in Chapter 4 of this Code, a person
2who possesses a junk vehicle shall within 15 days cause the
3certificate of title, salvage certificate, certificate of
4purchase, or a similarly acceptable out of state document of
5ownership to be surrendered to the Secretary of State along
6with an application for a junking certificate, except as
7provided in Section 3-117.2, whereupon the Secretary of State
8shall issue to such a person a junking certificate, which shall
9authorize the holder thereof to possess, transport, or, by an
10endorsement, transfer ownership in such junked vehicle, and a
11certificate of title shall not again be issued for such
12vehicle.
13    A licensee who possesses a junk vehicle and a Certificate
14of Title, Salvage Certificate, Certificate of Purchase, or a
15similarly acceptable out-of-state document of ownership for
16such junk vehicle, may transport the junk vehicle to another
17licensee prior to applying for or obtaining a junking
18certificate, by executing a uniform invoice. The licensee
19transferor shall furnish a copy of the uniform invoice to the
20licensee transferee at the time of transfer. In any case, the
21licensee transferor shall apply for a junking certificate in
22conformance with Section 3-117.1 of this Chapter. The following
23information shall be contained on a uniform invoice:
24        (1) The business name, address and dealer license
25    number of the person disposing of the vehicle, junk vehicle
26    or vehicle cowl;

 

 

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1        (2) The name and address of the person acquiring the
2    vehicle, junk vehicle or vehicle cowl, and if that person
3    is a dealer, the Illinois or out-of-state dealer license
4    number of that dealer;
5        (3) The date of the disposition of the vehicle, junk
6    vehicle or vehicle cowl;
7        (4) The year, make, model, color and description of
8    each vehicle, junk vehicle or vehicle cowl disposed of by
9    such person;
10        (5) The manufacturer's vehicle identification number,
11    Secretary of State identification number or Illinois
12    Department of State Police number, for each vehicle, junk
13    vehicle or vehicle cowl part disposed of by such person;
14        (6) The printed name and legible signature of the
15    person or agent disposing of the vehicle, junk vehicle or
16    vehicle cowl; and
17        (7) The printed name and legible signature of the
18    person accepting delivery of the vehicle, junk vehicle or
19    vehicle cowl.
20    The Secretary of State may certify a junking manifest in a
21form prescribed by the Secretary of State that reflects those
22vehicles for which junking certificates have been applied or
23issued. A junking manifest may be issued to any person and it
24shall constitute evidence of ownership for the vehicle listed
25upon it. A junking manifest may be transferred only to a person
26licensed under Section 5-301 of this Code as a scrap processor.

 

 

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1A junking manifest will allow the transportation of those
2vehicles to a scrap processor prior to receiving the junk
3certificate from the Secretary of State.
4    (b) An application for a salvage certificate shall be
5submitted to the Secretary of State in any of the following
6situations:
7        (1) When an insurance company makes a payment of
8    damages on a total loss claim for a vehicle, the insurance
9    company shall be deemed to be the owner of such vehicle and
10    the vehicle shall be considered to be salvage except that
11    ownership of (i) a vehicle that has incurred only hail
12    damage that does not affect the operational safety of the
13    vehicle or (ii) any vehicle 9 model years of age or older
14    may, by agreement between the registered owner and the
15    insurance company, be retained by the registered owner of
16    such vehicle. The insurance company shall promptly deliver
17    or mail within 20 days the certificate of title along with
18    proper application and fee to the Secretary of State, and a
19    salvage certificate shall be issued in the name of the
20    insurance company. Notwithstanding the foregoing, an
21    insurer making payment of damages on a total loss claim for
22    the theft of a vehicle shall not be required to apply for a
23    salvage certificate unless the vehicle is recovered and has
24    incurred damage that initially would have caused the
25    vehicle to be declared a total loss by the insurer.
26        (1.1) When a vehicle of a self-insured company is to be

 

 

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1    sold in the State of Illinois and has sustained damaged by
2    collision, fire, theft, rust corrosion, or other means so
3    that the self-insured company determines the vehicle to be
4    a total loss, or if the cost of repairing the damage,
5    including labor, would be greater than 33 1/3% 50% of its
6    fair market value without that damage, the vehicle shall be
7    considered salvage. The self-insured company shall
8    promptly deliver the certificate of title along with proper
9    application and fee to the Secretary of State, and a
10    salvage certificate shall be issued in the name of the
11    self-insured company. A self-insured company making
12    payment of damages on a total loss claim for the theft of a
13    vehicle may exchange the salvage certificate for a
14    certificate of title if the vehicle is recovered without
15    damage. In such a situation, the self-insured shall fill
16    out and sign a form prescribed by the Secretary of State
17    which contains an affirmation under penalty of perjury that
18    the vehicle was recovered without damage and the Secretary
19    of State may, by rule, require photographs to be submitted.
20        (2) When a vehicle the ownership of which has been
21    transferred to any person through a certificate of purchase
22    from acquisition of the vehicle at an auction, other
23    dispositions as set forth in Sections 4-208 and 4-209 of
24    this Code, a lien arising under Section 18a-501 of this
25    Code, or a public sale under the Abandoned Mobile Home Act
26    shall be deemed salvage or junk at the option of the

 

 

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1    purchaser. The person acquiring such vehicle in such manner
2    shall promptly deliver or mail, within 20 days after the
3    acquisition of the vehicle, the certificate of purchase,
4    the proper application and fee, and, if the vehicle is an
5    abandoned mobile home under the Abandoned Mobile Home Act,
6    a certification from a local law enforcement agency that
7    the vehicle was purchased or acquired at a public sale
8    under the Abandoned Mobile Home Act to the Secretary of
9    State and a salvage certificate or junking certificate
10    shall be issued in the name of that person. The salvage
11    certificate or junking certificate issued by the Secretary
12    of State under this Section shall be free of any lien that
13    existed against the vehicle prior to the time the vehicle
14    was acquired by the applicant under this Code.
15        (3) A vehicle which has been repossessed by a
16    lienholder shall be considered to be salvage only when the
17    repossessed vehicle, on the date of repossession by the
18    lienholder, has sustained damage by collision, fire,
19    theft, rust corrosion, or other means so that the cost of
20    repairing such damage, including labor, would be greater
21    than 33 1/3% of its fair market value without such damage.
22    If the lienholder determines that such vehicle is damaged
23    in excess of 33 1/3% of such fair market value, the
24    lienholder shall, before sale, transfer or assignment of
25    the vehicle, make application for a salvage certificate,
26    and shall submit with such application the proper fee and

 

 

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1    evidence of possession. If the facts required to be shown
2    in subsection (f) of Section 3-114 are satisfied, the
3    Secretary of State shall issue a salvage certificate in the
4    name of the lienholder making the application. In any case
5    wherein the vehicle repossessed is not damaged in excess of
6    33 1/3% of its fair market value, the lienholder shall
7    comply with the requirements of subsections (f), (f-5), and
8    (f-10) of Section 3-114, except that the affidavit of
9    repossession made by or on behalf of the lienholder shall
10    also contain an affirmation under penalty of perjury that
11    the vehicle on the date of sale is not damaged in excess of
12    33 1/3% of its fair market value. If the facts required to
13    be shown in subsection (f) of Section 3-114 are satisfied,
14    the Secretary of State shall issue a certificate of title
15    as set forth in Section 3-116 of this Code. The Secretary
16    of State may by rule or regulation require photographs to
17    be submitted.
18        (4) A vehicle which is a part of a fleet of more than 5
19    commercial vehicles registered in this State or any other
20    state or registered proportionately among several states
21    shall be considered to be salvage when such vehicle has
22    sustained damage by collision, fire, theft, rust,
23    corrosion or similar means so that the cost of repairing
24    such damage, including labor, would be greater than 33 1/3%
25    of the fair market value of the vehicle without such
26    damage. If the owner of a fleet vehicle desires to sell,

 

 

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1    transfer, or assign his interest in such vehicle to a
2    person within this State other than an insurance company
3    licensed to do business within this State, and the owner
4    determines that such vehicle, at the time of the proposed
5    sale, transfer or assignment is damaged in excess of 33
6    1/3% of its fair market value, the owner shall, before such
7    sale, transfer or assignment, make application for a
8    salvage certificate. The application shall contain with it
9    evidence of possession of the vehicle. If the fleet vehicle
10    at the time of its sale, transfer, or assignment is not
11    damaged in excess of 33 1/3% of its fair market value, the
12    owner shall so state in a written affirmation on a form
13    prescribed by the Secretary of State by rule or regulation.
14    The Secretary of State may by rule or regulation require
15    photographs to be submitted. Upon sale, transfer or
16    assignment of the fleet vehicle the owner shall mail the
17    affirmation to the Secretary of State.
18        (5) A vehicle that has been submerged in water to the
19    point that rising water has reached over the door sill and
20    has entered the passenger or trunk compartment is a "flood
21    vehicle". A flood vehicle shall be considered to be salvage
22    only if the vehicle has sustained damage so that the cost
23    of repairing the damage, including labor, would be greater
24    than 33 1/3% of the fair market value of the vehicle
25    without that damage. The salvage certificate issued under
26    this Section shall indicate the word "flood", and the word

 

 

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1    "flood" shall be conspicuously entered on subsequent
2    titles for the vehicle. A person who possesses or acquires
3    a flood vehicle that is not damaged in excess of 33 1/3% of
4    its fair market value shall make application for title in
5    accordance with Section 3-116 of this Code, designating the
6    vehicle as "flood" in a manner prescribed by the Secretary
7    of State. The certificate of title issued shall indicate
8    the word "flood", and the word "flood" shall be
9    conspicuously entered on subsequent titles for the
10    vehicle.
11        (6) When any licensed rebuilder, repairer, new or used
12    vehicle dealer, or remittance agent has submitted an
13    application for title to a vehicle that he or she knows or
14    reasonably should have known to have sustained damages in
15    excess of 33 1/3% of the vehicle's fair market value
16    without that damage; provided, however, that any
17    application for a salvage certificate for a vehicle
18    recovered from theft and acquired from an insurance company
19    shall be made as required by paragraph (1) of this
20    subsection (b).
21    (c) Any person who without authority acquires, sells,
22exchanges, gives away, transfers or destroys or offers to
23acquire, sell, exchange, give away, transfer or destroy the
24certificate of title to any vehicle which is a junk or salvage
25vehicle shall be guilty of a Class 3 felony.
26    (d) Any person who knowingly fails to surrender to the

 

 

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1Secretary of State a certificate of title, salvage certificate,
2certificate of purchase or a similarly acceptable out-of-state
3document of ownership as required under the provisions of this
4Section is guilty of a Class A misdemeanor for a first offense
5and a Class 4 felony for a subsequent offense; except that a
6person licensed under this Code who violates paragraph (5) of
7subsection (b) of this Section is guilty of a business offense
8and shall be fined not less than $1,000 nor more than $5,000
9for a first offense and is guilty of a Class 4 felony for a
10second or subsequent violation.
11    (e) Any vehicle which is salvage or junk may not be driven
12or operated on roads and highways within this State. A
13violation of this subsection is a Class A misdemeanor. A
14salvage vehicle displaying valid special plates issued under
15Section 3-601(b) of this Code, which is being driven to or from
16an inspection conducted under Section 3-308 of this Code, is
17exempt from the provisions of this subsection. A salvage
18vehicle for which a short term permit has been issued under
19Section 3-307 of this Code is exempt from the provisions of
20this subsection for the duration of the permit.
21(Source: P.A. 95-495, eff. 1-1-08; 95-783, eff. 1-1-09.)
 
22    (625 ILCS 5/3-901)  (from Ch. 95 1/2, par. 3-901)
23    Sec. 3-901. Purpose of Article.
24    Many persons throughout the State hold themselves out to
25the public as being engaged in, and have engaged in, accepting

 

 

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1money from members of the public for remittance to the State of
2Illinois, and its licensing and taxing agencies in payment of
3registration plates, vehicle certificates of title, taxes,
4vehicle taxes or vehicle license or registration fees. Some of
5these persons have failed to make such remittance with the
6consequent loss to the remitters. It is the public policy of
7this State that its people be protected against such hazards.
8(Source: P.A. 76-1705.)
 
9    (625 ILCS 5/3-902)  (from Ch. 95 1/2, par. 3-902)
10    Sec. 3-902. Application of Article.
11    This Article shall not apply to (1) any person who accepts
12for remittance only such sums as he is authorized to collect by
13the remittee as its agent, and (2) to any person who, in
14connection with the issuance of a license to him to conduct a
15business in this State other than a remitter's license, shall
16have filed, pursuant to a statutory requirement, a surety bond
17covering the proper discharge of any liability incurred by him
18in connection with the acceptance for remittance of money for
19the purposes designated in the Article pursuant to which he or
20she is licensed; provided he does not accept any money for
21remittance, as a remittance agent, the proper transmittal of
22which is not covered by said bond.
23(Source: P.A. 76-1705.)
 
24    (625 ILCS 5/3-903)  (from Ch. 95 1/2, par. 3-903)

 

 

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1    Sec. 3-903. License.
2    It shall be unlawful for any person, either as principal or
3agent, to act as a "remittance agent" in the State of Illinois
4without first having obtained or renewed, as the case may be, a
5license and posted a bond, as hereafter provided.
6(Source: P.A. 76-1705.)
 
7    (625 ILCS 5/3-904)  (from Ch. 95 1/2, par. 3-904)
8    Sec. 3-904. Application - Contents - Affidavits. Any person
9who desires to act as a "remittance agent" shall first file
10with the Secretary of State a written application for a
11license. The application shall be under oath and shall contain
12the following:
13    1. The name and address of the applicant.
14    2. The address of each location at which the applicant
15intends to act as a remittance agent.
16    3. The applicant's business, occupation or profession.
17    4. A statement disclosing whether he has been involved in
18any civil or criminal litigation and if so, the material facts
19pertaining thereto.
20    5. A statement that the applicant has not committed in the
21past 3 years any violation as determined in any civil,
22criminal, or administrative proceedings under the Retailers'
23Occupation Tax Act or under Article I or VII of Chapter 3 of
24this Code.
25    6. Any other information concerning the business of the

 

 

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1applicant that the Secretary of State may prescribe.
2    The application shall be accompanied by the affidavits of
3two persons residing in the city or town of such applicant's
4residence. Such affiants shall state that they have known the
5applicant for a period of at least two years; that the
6applicant is of good moral character and that his reputation
7for honesty and business integrity in the community in which he
8resides is good. If the applicant is not an individual, the
9requirements of this paragraph shall apply to each of its
10officers or members.
11(Source: P.A. 83-387.)
 
12    (625 ILCS 5/3-906)  (from Ch. 95 1/2, par. 3-906)
13    Sec. 3-906. Denial.
14    The Secretary of State shall deny any application under
15this Article upon any of the following grounds:
16    (1) That the application contains any false or fraudulent
17statement; or
18    (2) That the applicant has failed to furnish the
19information required by the Secretary or to file a bond as
20required; or
21    (3) That the required fee has not been paid; or
22    (4) That the applicant has failed to remit fees to the
23Secretary of State or the Department of Revenue; or
24    (5) That the applicant has engaged in fraudulent practices;
25or

 

 

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1    (6) That the applicant or a member of his immediate family
2is an employee of the Secretary of State; or
3    (7) That the Secretary of State is authorized under any
4other provision of law.
5    If the Secretary of State denies the application for a
6license, or renewal thereof, or revokes a license, he shall so
7order in writing and notify the applicant thereof by certified
8mail. Upon the denial of an application for a license, or
9renewal thereof, he shall return the license fee. An applicant
10may contest the denial of an application for a license or
11renewal thereof by requesting an administrative hearing
12pursuant to Section 2-118 of this Code No application shall be
13denied unless the applicant has had an opportunity for a fair
14hearing in connection therewith.
15(Source: P.A. 77-84.)
 
16    (625 ILCS 5/3-907)  (from Ch. 95 1/2, par. 3-907)
17    Sec. 3-907. Suspension or revocation.
18    Such license may be suspended or revoked by the Secretary
19of State for the violation of any provision of this Act or any
20rule or regulation of the Secretary of State and for any reason
21which, had it existed or been known to the Secretary of State
22at the time of the filing of the application for such license,
23would have been good cause for the denial of such application.
24The Secretary of State shall order such license suspended or
25revoked in writing and shall notify the licensee of the order

 

 

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1by certified mail. A licensee may, upon receipt of an order of
2suspension or revocation seek a hearing to review such order
3pursuant to Section 2-118 of this Code.
4(Source: P.A. 77-84.)
 
5    (625 ILCS 5/3-913)  (from Ch. 95 1/2, par. 3-913)
6    Sec. 3-913. Hearings Hearing - Subpoenas. Hearings under
7this Article shall be governed by Section 2-118 of this Act and
8the Administrative Review Law as amended, shall apply to and
9govern all proceedings for judicial review of any final order
10issued by the Secretary of State. For the purposes of this Act,
11the Secretary of State, or the hearing officer as hereinafter
12provided, has power to require by subpoena the attendance and
13testimony of witnesses, and the production of all documentary
14evidence relating to any matter under hearing pursuant to this
15Act, and shall issue such subpoenas at the request of an
16interested party. The hearing officer may sign subpoenas in the
17name of the Secretary of State.
18    The Secretary of State may, in his discretion, direct that
19any hearing pursuant to this Act, shall be held before a
20competent and qualified agent of the Secretary of State, whom
21the Secretary of State shall designate as the hearing officer
22in such matter. The Secretary of State and the hearing officer
23are hereby empowered to, and shall, administer oaths and
24affirmations to all witnesses appearing before them. The
25hearing officer, upon the conclusion of the hearing before him,

 

 

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1shall certify the evidence to the Secretary of State, and may
2make recommendations in connection therewith.
3    Any Circuit Court of this State, within the jurisdiction of
4which such hearing is carried on, may, in case of contumacy, or
5refusal of a witness to obey a subpoena, issue an order
6requiring such witness to appear before the Secretary of State,
7or the hearing officer, or to produce documentary evidence, or
8to give testimony touching the matter in question, and any
9failure to obey such order of the court may be punished by such
10court as a contempt thereof.
11(Source: P.A. 82-783.)
 
12    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
13    Sec. 5-301. Automotive parts recyclers, scrap processors,
14repairers and rebuilders must be licensed.
15    (a) No person in this State shall, except as an incident to
16the servicing of vehicles, carry on or conduct the business of
17a automotive parts recyclers, a scrap processor, a repairer, or
18a rebuilder, unless licensed to do so in writing by the
19Secretary of State under this Section. No person shall rebuild
20a salvage vehicle unless such person is licensed as a rebuilder
21by the Secretary of State under this Section. No person shall
22engage in the business of acquiring previously owned vehicles
23for the primary purpose of disposing of those vehicles in the
24manner described in the definition of a "scrap processor" in
25this Code, nor shall any person acquire 5 or more vehicles in

 

 

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1one calendar year for such primary purpose, unless such person
2is licensed as an automotive parts recycler by the Secretary of
3State under this Section. Each license shall be applied for and
4issued separately, except that a license issued to a new
5vehicle dealer under Section 5-101 of this Code shall also be
6deemed to be a repairer license.
7    (b) Any application filed with the Secretary of State,
8shall be duly verified by oath, in such form as the Secretary
9of State may by rule or regulation prescribe and shall contain:
10        1. The name and type of business organization of the
11    applicant and his principal or additional places of
12    business, if any, in this State.
13        2. The kind or kinds of business enumerated in
14    subsection (a) of this Section to be conducted at each
15    location.
16        3. If the applicant is a corporation, a list of its
17    officers, directors, and shareholders having a ten percent
18    or greater ownership interest in the corporation, setting
19    forth the residence address of each; if the applicant is a
20    sole proprietorship, a partnership, an unincorporated
21    association, a trust, or any similar form of business
22    organization, the names and residence address of the
23    proprietor or of each partner, member, officer, director,
24    trustee or manager.
25        4. A statement that the applicant's officers,
26    directors, shareholders having a ten percent or greater

 

 

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1    ownership interest therein, proprietor, partner, member,
2    officer, director, trustee, manager, or other principals
3    in the business have not committed in the past three years
4    any one violation as determined in any civil or criminal or
5    administrative proceedings of any one of the following
6    Acts:
7            (a) The Anti Theft Laws of the Illinois Vehicle
8        Code;
9            (b) The "Certificate of Title Laws" of the Illinois
10        Vehicle Code;
11            (c) The "Offenses against Registration and
12        Certificates of Title Laws" of the Illinois Vehicle
13        Code;
14            (d) The "Dealers, Transporters, Wreckers and
15        Rebuilders Laws" of the Illinois Vehicle Code;
16            (e) Section 21-2 of the Criminal Code of 1961,
17        Criminal Trespass to Vehicles; or
18            (f) The Retailers Occupation Tax Act.
19        5. A statement that the applicant's officers,
20    directors, shareholders having a ten percent or greater
21    ownership interest therein, proprietor, partner, member,
22    officer, director, trustee, manager or other principals in
23    the business have not committed in any calendar year 3 or
24    more violations, as determined in any civil or criminal or
25    administrative proceedings, of any one or more of the
26    following Acts:

 

 

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1            (a) The Consumer Finance Act;
2            (b) The Consumer Installment Loan Act;
3            (c) The Retail Installment Sales Act;
4            (d) The Motor Vehicle Retail Installment Sales
5        Act;
6            (e) The Interest Act;
7            (f) The Illinois Wage Assignment Act;
8            (g) Part 8 of Article XII of the Code of Civil
9        Procedure; or
10            (h) The Consumer Fraud Act.
11        6. An application for a license shall be accompanied by
12    the following fees: $50 for applicant's established place
13    of business; $25 for each additional place of business, if
14    any, to which the application pertains; provided, however,
15    that if such an application is made after June 15 of any
16    year, the license fee shall be $25 for applicant's
17    established place of business plus $12.50 for each
18    additional place of business, if any, to which the
19    application pertains. License fees shall be returnable
20    only in the event that such application shall be denied by
21    the Secretary of State.
22        7. A statement that the applicant understands Chapter 1
23    through Chapter 5 of this Code.
24        8. A statement that the applicant shall comply with
25    subsection (e) of this Section.
26    (c) Any change which renders no longer accurate any

 

 

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1information contained in any application for a license filed
2with the Secretary of State shall be amended within 30 days
3after the occurrence of such change on such form as the
4Secretary of State may prescribe by rule or regulation,
5accompanied by an amendatory fee of $2.
6    (d) Anything in this chapter to the contrary,
7notwithstanding, no person shall be licensed under this Section
8unless such person shall maintain an established place of
9business as defined in this Chapter.
10    (e) The Secretary of State shall within a reasonable time
11after receipt thereof, examine an application submitted to him
12under this Section and unless he makes a determination that the
13application submitted to him does not conform with the
14requirements of this Section or that grounds exist for a denial
15of the application, as prescribed in Section 5-501 of this
16Chapter, grant the applicant an original license as applied for
17in writing for his established place of business and a
18supplemental license in writing for each additional place of
19business in such form as he may prescribe by rule or regulation
20which shall include the following:
21        1. The name of the person licensed;
22        2. If a corporation, the name and address of its
23    officers or if a sole proprietorship, a partnership, an
24    unincorporated association or any similar form of business
25    organization, the name and address of the proprietor or of
26    each partner, member, officer, director, trustee or

 

 

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1    manager;
2        3. A designation of the kind or kinds of business
3    enumerated in subsection (a) of this Section to be
4    conducted at each location;
5        4. In the case of an original license, the established
6    place of business of the licensee;
7        5. In the case of a supplemental license, the
8    established place of business of the licensee and the
9    additional place of business to which such supplemental
10    license pertains.
11    (f) The appropriate instrument evidencing the license or a
12certified copy thereof, provided by the Secretary of State
13shall be kept, posted, conspicuously in the established place
14of business of the licensee and in each additional place of
15business, if any, maintained by such licensee. The licensee
16also shall post conspicuously in the established place of
17business and in each additional place of business a notice
18which states that such business is required to be licensed by
19the Secretary of State under Section 5-301, and which provides
20the license number of the business and the license expiration
21date. This notice also shall advise the consumer that any
22complaints as to the quality of service may be brought to the
23attention of the Attorney General. The information required on
24this notice also shall be printed conspicuously on all
25estimates and receipts for work by the licensee subject to this
26Section. The Secretary of State shall prescribe the specific

 

 

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1format of this notice.
2    (g) Except as provided in subsection (h) hereof, licenses
3granted under this Section shall expire by operation of law on
4December 31 of the calendar year for which they are granted
5unless sooner revoked or cancelled under the provisions of
6Section 5-501 of this Chapter.
7    (h) Any license granted under this Section may be renewed
8upon application and payment of the fee required herein as in
9the case of an original license, provided, however, that in
10case an application for the renewal of an effective license is
11made during the month of December, such effective license shall
12remain in force until such application is granted or denied by
13the Secretary of State.
14    (i) All automotive repairers and rebuilders shall, in
15addition to the requirements of subsections (a) through (h) of
16this Section, meet the following licensing requirements:
17        1. Provide proof that the property on which first time
18    applicants plan to do business is in compliance with local
19    zoning laws and regulations, and a listing of zoning
20    classification;
21        2. Provide proof that the applicant for a repairer's
22    license complies with the proper workers' compensation
23    rate code or classification, and listing the code of
24    classification for that industry;
25        3. Provide proof that the applicant for a rebuilder's
26    license complies with the proper workers' compensation

 

 

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1    rate code or classification for the repair industry or the
2    auto parts recycling industry and listing the code of
3    classification;
4        4. Provide proof that the applicant has obtained or
5    applied for a hazardous waste generator number, and listing
6    the actual number if available or certificate of exemption;
7        5. Provide proof that applicant has proper liability
8    insurance, and listing the name of the insurer and the
9    policy number; and
10        6. Provide proof that the applicant has obtained or
11    applied for the proper State sales tax classification and
12    federal identification tax number, and listing the actual
13    numbers if available.
14    (i-1) All automotive repairers shall provide proof that
15they comply with all requirements of the Automotive Collision
16Repair Act.
17    (j) All automotive parts recyclers shall, in addition to
18the requirements of subsections (a) through (h) of this
19Section, meet the following licensing requirements:
20        1. A statement that the applicant purchases 5 vehicles
21    per year or has 5 hulks or chassis in stock;
22        2. Provide proof that the property on which all first
23    time applicants will do business does comply to the proper
24    local zoning laws in existence, and a listing of zoning
25    classifications;
26        3. Provide proof that applicant complies with the

 

 

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1    proper workers' compensation rate code or classification,
2    and listing the code of classification; and
3        4. Provide proof that applicant has obtained or applied
4    for the proper State sales tax classification and federal
5    identification tax number, and listing the actual numbers
6    if available.
7(Source: P.A. 94-784, eff. 1-1-07.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    625 ILCS 5/1-105.3
4    625 ILCS 5/1-171.01a
5    625 ILCS 5/1-171.01c
6    625 ILCS 5/3-117.1from Ch. 95 1/2, par. 3-117.1
7    625 ILCS 5/3-901from Ch. 95 1/2, par. 3-901
8    625 ILCS 5/3-902from Ch. 95 1/2, par. 3-902
9    625 ILCS 5/3-903from Ch. 95 1/2, par. 3-903
10    625 ILCS 5/3-904from Ch. 95 1/2, par. 3-904
11    625 ILCS 5/3-906from Ch. 95 1/2, par. 3-906
12    625 ILCS 5/3-907from Ch. 95 1/2, par. 3-907
13    625 ILCS 5/3-913from Ch. 95 1/2, par. 3-913
14    625 ILCS 5/5-301from Ch. 95 1/2, par. 5-301