Rep. Edward J. Acevedo

Filed: 4/12/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 773

2    AMENDMENT NO. ______. Amend House Bill 773 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 5-301, 5-401.3 and 5-402.1 as follows:
 
6    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
7    Sec. 5-301. Automotive parts recyclers, scrap processors,
8repairers and rebuilders must be licensed.
9    (a) No person in this State shall, except as an incident to
10the servicing of vehicles, carry on or conduct the business of
11a automotive parts recyclers, a scrap processor, a repairer, or
12a rebuilder, unless licensed to do so in writing by the
13Secretary of State under this Section. No person shall rebuild
14a salvage vehicle unless such person is licensed as a rebuilder
15by the Secretary of State under this Section. No person shall
16engage in the business of acquiring 5 or more previously owned

 

 

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1vehicles in one calendar year for the primary purpose of
2disposing of those vehicles in the manner described in the
3definition of a "scrap processor" in this Code unless the
4person is licensed as an automotive parts recycler by the
5Secretary of State under this Section. Each license shall be
6applied for and issued separately, except that a license issued
7to a new vehicle dealer under Section 5-101 of this Code shall
8also be deemed to be a repairer license.
9    (a-5) No recyclable metal dealer may acquire or possess a
10vehicle, junk vehicle, vehicle cowl, or essential vehicle
11parts, as defined by Section 1-118 of this Code, for the
12purpose of processing them into a form other than a vehicle
13unless that recyclable metal dealer is licensed by the
14Secretary of State as a scrap processor under this Section. A
15recyclable metal dealer who fails to obtain a scrap processor's
16license shall be subject to the provisions of Sections 5-503
17and 5-801 of this Code.
18    (b) Any application filed with the Secretary of State,
19shall be duly verified by oath, in such form as the Secretary
20of State may by rule or regulation prescribe and shall contain:
21        1. The name and type of business organization of the
22    applicant and his principal or additional places of
23    business, if any, in this State.
24        2. The kind or kinds of business enumerated in
25    subsection (a) of this Section to be conducted at each
26    location.

 

 

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1        3. If the applicant is a corporation, a list of its
2    officers, directors, and shareholders having a ten percent
3    or greater ownership interest in the corporation, setting
4    forth the residence address of each; if the applicant is a
5    sole proprietorship, a partnership, an unincorporated
6    association, a trust, or any similar form of business
7    organization, the names and residence address of the
8    proprietor or of each partner, member, officer, director,
9    trustee or manager.
10        4. A statement that the applicant's officers,
11    directors, shareholders having a ten percent or greater
12    ownership interest therein, proprietor, partner, member,
13    officer, director, trustee, manager, or other principals
14    in the business have not committed in the past three years
15    any one violation as determined in any civil or criminal or
16    administrative proceedings of any one of the following
17    Acts:
18            (a) The Anti Theft Laws of the Illinois Vehicle
19        Code;
20            (b) The "Certificate of Title Laws" of the Illinois
21        Vehicle Code;
22            (c) The "Offenses against Registration and
23        Certificates of Title Laws" of the Illinois Vehicle
24        Code;
25            (d) The "Dealers, Transporters, Wreckers and
26        Rebuilders Laws" of the Illinois Vehicle Code;

 

 

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1            (e) Section 21-2 of the Criminal Code of 1961 or
2        the Criminal Code of 2012, Criminal Trespass to
3        Vehicles; or
4            (f) The Retailers Occupation Tax Act.
5        5. A statement that the applicant's officers,
6    directors, shareholders having a ten percent or greater
7    ownership interest therein, proprietor, partner, member,
8    officer, director, trustee, manager or other principals in
9    the business have not committed in any calendar year 3 or
10    more violations, as determined in any civil or criminal or
11    administrative proceedings, of any one or more of the
12    following Acts:
13            (a) The Consumer Finance Act;
14            (b) The Consumer Installment Loan Act;
15            (c) The Retail Installment Sales Act;
16            (d) The Motor Vehicle Retail Installment Sales
17        Act;
18            (e) The Interest Act;
19            (f) The Illinois Wage Assignment Act;
20            (g) Part 8 of Article XII of the Code of Civil
21        Procedure; or
22            (h) The Consumer Fraud Act.
23        6. An application for a license shall be accompanied by
24    the following fees: $50 for applicant's established place
25    of business; $25 for each additional place of business, if
26    any, to which the application pertains; provided, however,

 

 

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1    that if such an application is made after June 15 of any
2    year, the license fee shall be $25 for applicant's
3    established place of business plus $12.50 for each
4    additional place of business, if any, to which the
5    application pertains. License fees shall be returnable
6    only in the event that such application shall be denied by
7    the Secretary of State.
8        7. A statement that the applicant understands Chapter 1
9    through Chapter 5 of this Code.
10        8. A statement that the applicant shall comply with
11    subsection (e) of this Section.
12    (c) Any change which renders no longer accurate any
13information contained in any application for a license filed
14with the Secretary of State shall be amended within 30 days
15after the occurrence of such change on such form as the
16Secretary of State may prescribe by rule or regulation,
17accompanied by an amendatory fee of $2.
18    (d) Anything in this chapter to the contrary,
19notwithstanding, no person shall be licensed under this Section
20unless such person shall maintain an established place of
21business as defined in this Chapter.
22    (e) The Secretary of State shall within a reasonable time
23after receipt thereof, examine an application submitted to him
24under this Section and unless he makes a determination that the
25application submitted to him does not conform with the
26requirements of this Section or that grounds exist for a denial

 

 

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1of the application, as prescribed in Section 5-501 of this
2Chapter, grant the applicant an original license as applied for
3in writing for his established place of business and a
4supplemental license in writing for each additional place of
5business in such form as he may prescribe by rule or regulation
6which shall include the following:
7        1. The name of the person licensed;
8        2. If a corporation, the name and address of its
9    officers or if a sole proprietorship, a partnership, an
10    unincorporated association or any similar form of business
11    organization, the name and address of the proprietor or of
12    each partner, member, officer, director, trustee or
13    manager;
14        3. A designation of the kind or kinds of business
15    enumerated in subsection (a) of this Section to be
16    conducted at each location;
17        4. In the case of an original license, the established
18    place of business of the licensee;
19        5. In the case of a supplemental license, the
20    established place of business of the licensee and the
21    additional place of business to which such supplemental
22    license pertains.
23    (f) The appropriate instrument evidencing the license or a
24certified copy thereof, provided by the Secretary of State
25shall be kept, posted, conspicuously in the established place
26of business of the licensee and in each additional place of

 

 

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1business, if any, maintained by such licensee. The licensee
2also shall post conspicuously in the established place of
3business and in each additional place of business a notice
4which states that such business is required to be licensed by
5the Secretary of State under Section 5-301, and which provides
6the license number of the business and the license expiration
7date. This notice also shall advise the consumer that any
8complaints as to the quality of service may be brought to the
9attention of the Attorney General. The information required on
10this notice also shall be printed conspicuously on all
11estimates and receipts for work by the licensee subject to this
12Section. The Secretary of State shall prescribe the specific
13format of this notice.
14    (g) Except as provided in subsection (h) hereof, licenses
15granted under this Section shall expire by operation of law on
16December 31 of the calendar year for which they are granted
17unless sooner revoked or cancelled under the provisions of
18Section 5-501 of this Chapter.
19    (h) Any license granted under this Section may be renewed
20upon application and payment of the fee required herein as in
21the case of an original license, provided, however, that in
22case an application for the renewal of an effective license is
23made during the month of December, such effective license shall
24remain in force until such application is granted or denied by
25the Secretary of State.
26    (i) All automotive repairers and rebuilders shall, in

 

 

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1addition to the requirements of subsections (a) through (h) of
2this Section, meet the following licensing requirements:
3        1. Provide proof that the property on which first time
4    applicants plan to do business is in compliance with local
5    zoning laws and regulations, and a listing of zoning
6    classification;
7        2. Provide proof that the applicant for a repairer's
8    license complies with the proper workers' compensation
9    rate code or classification, and listing the code of
10    classification for that industry;
11        3. Provide proof that the applicant for a rebuilder's
12    license complies with the proper workers' compensation
13    rate code or classification for the repair industry or the
14    auto parts recycling industry and listing the code of
15    classification;
16        4. Provide proof that the applicant has obtained or
17    applied for a hazardous waste generator number, and listing
18    the actual number if available or certificate of exemption;
19        5. Provide proof that applicant has proper liability
20    insurance, and listing the name of the insurer and the
21    policy number; and
22        6. Provide proof that the applicant has obtained or
23    applied for the proper State sales tax classification and
24    federal identification tax number, and listing the actual
25    numbers if available.
26    (i-1) All automotive repairers shall provide proof that

 

 

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1they comply with all requirements of the Automotive Collision
2Repair Act.
3    (j) All automotive parts recyclers shall, in addition to
4the requirements of subsections (a) through (h) of this
5Section, meet the following licensing requirements:
6        1. A statement that the applicant purchases 5 vehicles
7    per year or has 5 hulks or chassis in stock;
8        2. Provide proof that the property on which all first
9    time applicants will do business does comply to the proper
10    local zoning laws in existence, and a listing of zoning
11    classifications;
12        3. Provide proof that applicant complies with the
13    proper workers' compensation rate code or classification,
14    and listing the code of classification; and
15        4. Provide proof that applicant has obtained or applied
16    for the proper State sales tax classification and federal
17    identification tax number, and listing the actual numbers
18    if available.
19(Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13.)
 
20    (625 ILCS 5/5-401.3)  (from Ch. 95 1/2, par. 5-401.3)
21    Sec. 5-401.3. Scrap processors required to keep records.
22    (a) Every person licensed or required to be licensed as a
23scrap processor pursuant to Section 5-301 of this Chapter shall
24maintain for 3 years, at his established place of business, the
25following records relating to the acquisition of recyclable

 

 

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1metals or the acquisition of a vehicle, junk vehicle, or
2vehicle cowl which has been acquired for the purpose of
3processing into a form other than a vehicle, junk vehicle or
4vehicle cowl which is possessed in the State or brought into
5this State from another state, territory or country. No scrap
6metal processor shall sell a vehicle or essential part, as
7such, except for engines, transmissions, and powertrains,
8unless licensed to do so under another provision of this Code.
9A scrap processor who is additionally licensed as an automotive
10parts recycler shall not be subject to the record keeping
11requirements for a scrap processor when acting as an automotive
12parts recycler.
13        (1) For a vehicle, junk vehicle, or vehicle cowl
14    acquired from a person who is licensed under this Chapter,
15    the scrap processor shall record the name and address of
16    the person, and the Illinois or out-of-state dealer license
17    number of such person on the scrap processor's weight
18    ticket at the time of the acquisition. The person disposing
19    of the vehicle, junk vehicle, or vehicle cowl shall furnish
20    the scrap processor with documentary proof of ownership of
21    the vehicle, junk vehicle, or vehicle cowl in one of the
22    following forms: a Certificate of Title, a Salvage
23    Certificate, a Junking Certificate, a Secretary of State
24    Junking Manifest, a Uniform Invoice, a Certificate of
25    Purchase, or other similar documentary proof of ownership.
26    The scrap processor shall not acquire a vehicle, junk

 

 

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1    vehicle or vehicle cowl without obtaining one of the
2    aforementioned documentary proofs of ownership.
3        (2) For a vehicle, junk vehicle or vehicle cowl
4    acquired from a person who is not licensed under this
5    Chapter, the scrap processor shall verify and record that
6    person's identity by recording the identification of such
7    person from at least 2 sources of identification, one of
8    which shall be a driver's license or State Identification
9    Card, on the scrap processor's weight ticket at the time of
10    the acquisition. The person disposing of the vehicle, junk
11    vehicle, or vehicle cowl shall furnish the scrap processor
12    with documentary proof of ownership of the vehicle, junk
13    vehicle, or vehicle cowl in one of the following forms: a
14    Certificate of Title, a Salvage Certificate, or a Junking
15    Certificate, a Secretary of State Junking Manifest, a
16    Certificate of Purchase, or other similar documentary
17    proof of ownership. The scrap processor shall not acquire a
18    vehicle, junk vehicle or vehicle cowl without obtaining one
19    of the aforementioned documentary proofs of ownership. No
20    person shall engage in the business of acquiring 5 or more
21    previously owned vehicles in one calendar year for the
22    primary purpose of disposing of those vehicles in the
23    manner described in the definition of a "scrap processor"
24    in Section 1-182.3 of this Code unless the person is
25    licensed as an automotive parts recycler by the Secretary
26    of State under this Section.

 

 

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1        (3) In addition to the other information required on
2    the scrap processor's weight ticket, a scrap processor who
3    at the time of acquisition of a vehicle, junk vehicle, or
4    vehicle cowl is furnished a Certificate of Title, a Salvage
5    Certificate, or a Junking Certificate Certificate of
6    Purchase shall record the Vehicle Identification Number on
7    the weight ticket or affix a copy of the Certificate of
8    Title, Salvage Certificate, or Junking Certificate
9    Certificate of Purchase to the weight ticket and the
10    identification of the person acquiring the information on
11    the behalf of the scrap processor.
12        (4) The scrap processor shall maintain a copy of a Junk
13    Vehicle Notification relating to any Certificate of Title,
14    Salvage Certificate, or Junking Certificate , Certificate
15    of Purchase or similarly acceptable out-of-state document
16    surrendered to the Secretary of State pursuant to the
17    provisions of Section 3-117.2 of this Code.
18        (5) For recyclable metals valued at $100 or more, the
19    scrap processor shall, for each transaction, record the
20    identity of the person from whom the recyclable metals were
21    acquired by verifying the identification of that person
22    from one source of identification, which shall be a valid
23    driver's license or State Identification Card, on the scrap
24    processor's weight ticket at the time of the acquisition
25    and by making and recording a photocopy or electronic scan
26    of the driver's license or State Identification Card. Such

 

 

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1    information shall be available for inspection by any law
2    enforcement official. If the person delivering the
3    recyclable metal does not have a valid driver's license or
4    State Identification Card, the scrap processor shall not
5    complete the transaction. The inspection of records
6    pertaining only to recyclable metals shall not be counted
7    as an inspection of a premises for purposes of subparagraph
8    (7) of Section 5-403 of this Code.
9        This subdivision (a)(5) does not apply to electrical
10    contractors, to agencies or instrumentalities of the State
11    of Illinois or of the United States, to common carriers, to
12    purchases from persons, firms, or corporations regularly
13    engaged in the business of manufacturing recyclable metal,
14    in the business of selling recyclable metal at retail or
15    wholesale, or in the business of razing, demolishing,
16    destroying, or removing buildings, to the purchase by one
17    recyclable metal dealer from another, or the purchase from
18    persons, firms, or corporations engaged in either the
19    generation, transmission, or distribution of electric
20    energy or in telephone, telegraph, and other
21    communications if such common carriers, persons, firms, or
22    corporations at the time of the purchase provide the
23    recyclable metal dealer with a bill of sale or other
24    written evidence of title to the recyclable metal. This
25    subdivision (a)(5) also does not apply to contractual
26    arrangements between dealers.

 

 

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1    (b) Any licensee who knowingly fails to record any of the
2specific information required to be recorded on the weight
3ticket required under any other subsection of this Section, or
4Section 5-401 of this Code, or who knowingly fails to acquire
5and maintain for 3 years documentary proof of ownership in one
6of the prescribed forms shall be guilty of a Class A
7misdemeanor and subject to suspension of his or her license for
8a period of up to 5 years a fine not to exceed $1,000. Each
9violation shall constitute a separate and distinct offense and
10a separate count may be brought in the same complaint for each
11violation. Any licensee who commits a second violation of this
12Section within two years of a previous conviction of a
13violation of this Section shall be guilty of a Class 4 felony.
14    (c) It shall be an affirmative defense to an offense
15brought under paragraph (b) of this Section that the licensee
16or person required to be licensed both reasonably and in good
17faith relied on information appearing on a Certificate of
18Title, a Salvage Certificate, or a Junking Certificate, a
19Secretary of State Manifest, a Secretary of State's Uniform
20Invoice, a Certificate of Purchase, or other documentary proof
21of ownership prepared under Section 3-117.1(a) of this Code,
22relating to the transaction for which the required record was
23not kept which was supplied to the licensee by another licensee
24or an out-of-state dealer.
25    (d) No later than 15 days prior to going out of business,
26selling the business, or transferring the ownership of the

 

 

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1business, the scrap processor shall notify the Secretary of
2that fact. Failure to so notify the Secretary of State shall
3constitute a failure to keep records under this Section.
4    (e) (Blank). Evidence derived directly or indirectly from
5the keeping of records required to be kept under this Section
6shall not be admissible in a prosecution of the licensee for an
7alleged violation of Section 4-102(a)(3) of this Code.
8    (f) Any scrap processor who finds a nonconforming vehicle
9identification number on any documentary proof of ownership of
10a vehicle, junk vehicle, or vehicle cowl provided by the person
11attempting to dispose of that item shall report the offense to
12the Secretary of State, including the name of the person
13attempting to dispose of the vehicle, junk vehicle, or vehicle
14cowl, the actual vehicle identification number, the
15nonconforming vehicle number, the vehicle license plate
16number, a copy of the document used, and the license number of
17the person or persons involved in the attempted transaction.
18Any person licensed as a scrap processor under Section 5-301
19who is found to be in violation of this subsection or any
20licensed entity found in violation of this subsection shall be
21subject to suspension of his, her, or its license for a period
22of up to 5 years. Any person in violation of this subsection
23shall be guilty of a Class 2 felony.
24(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
 
25    (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)

 

 

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1    Sec. 5-402.1. Use of Secretary of State Uniform Invoice for
2Essential Parts.
3    (a) Except for scrap processors, every person licensed or
4required to be licensed under Section 5-101, 5-101.1, 5-102 or
55-301 of this Code shall issue, in a form the Secretary of
6State may by rule or regulation prescribe, a Uniform Invoice,
7which may also act as a bill of sale, made out in triplicate
8with respect to each transaction in which he disposes of an
9essential part other than quarter panels and transmissions of
10vehicles of the first division. Such Invoice shall be made out
11at the time of the disposition of the essential part. If the
12licensee disposes of several essential parts in the same
13transaction, the licensee may issue one Uniform Invoice
14covering all essential parts disposed of in that transaction.
15    (b) The following information shall be contained on the
16Uniform Invoice:
17        (1) the business name, address and dealer license
18    number of the person disposing of the essential part;
19        (2) the name and address of the person acquiring the
20    essential part, and if that person is a dealer, the
21    Illinois or out-of-state dealer license number of that
22    dealer;
23        (3) the date of the disposition of the essential part;
24        (4) the year, make, model, color and description of
25    each essential part disposed of by the person;
26        (5) the manufacturer's vehicle identification number,

 

 

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1    Secretary of State identification number or Illinois
2    Department of State Police identification number, for each
3    essential part disposed of by the person;
4        (6) the printed name and legible signature of the
5    person or agent disposing of the essential part; and
6        (7) if the person is a dealer the printed name and
7    legible signature of the dealer or his agent or employee
8    accepting delivery of the essential part.
9    (c) Except for scrap processors, and except as set forth in
10subsection (d) of this Section, whenever a person licensed or
11required to be licensed by Section 5-101, 5-101.1, 5-102, or
125-301 accepts delivery of an essential part, other than quarter
13panels and transmissions of vehicles of the first division,
14that person shall, at the time of the acceptance or delivery,
15comply with the following procedures:
16        (1) Before acquiring or accepting delivery of any
17    essential part, the licensee or his authorized agent or
18    employee shall inspect the part to determine whether the
19    vehicle identification number, Secretary of State
20    identification number, Illinois Department of State Police
21    identification number, or identification plate or sticker
22    attached to or stamped on any part being acquired or
23    delivered has been removed, falsified, altered, defaced,
24    destroyed, or tampered with. If the licensee or his agent
25    or employee determines that the vehicle identification
26    number, Secretary of State identification number, Illinois

 

 

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1    Department of State Police identification number,
2    identification plate or identification sticker containing
3    an identification number, or Federal Certificate label of
4    an essential part has been removed, falsified, altered,
5    defaced, destroyed or tampered with, the licensee or agent
6    shall not accept or receive that part.
7        If that part was physically acquired by or delivered to
8    a licensee or his agent or employee while that licensee,
9    agent or employee was outside this State, that licensee or
10    agent or employee shall not bring that essential part into
11    this State or cause it to be brought into this State.
12        (2) If the person disposing of or delivering the
13    essential part to the licensee is a licensed in-state or
14    out-of-state dealer, the licensee or his agent or employee,
15    after inspecting the essential part as required by
16    paragraph (1) of this subsection (c), shall examine the
17    Uniform Invoice, or bill of sale, as the case may be, to
18    ensure that it contains all the information required to be
19    provided by persons disposing of essential parts as set
20    forth in subsection (b) of this Section. If the Uniform
21    Invoice or bill of sale does not contain all the
22    information required to be listed by subsection (b) of this
23    Section, the dealer disposing of or delivering such part or
24    his agent or employee shall record such additional
25    information or other needed modifications on the Uniform
26    Invoice or bill of sale or, if needed, an attachment

 

 

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1    thereto. The dealer or his agent or employee delivering the
2    essential part shall initial all additions or
3    modifications to the Uniform Invoice or bill of sale and
4    legibly print his name at the bottom of each document
5    containing his initials. If the transaction involves a bill
6    of sale rather than a Uniform Invoice, the licensee or his
7    agent or employee accepting delivery of or acquiring the
8    essential part shall affix his printed name and legible
9    signature on the space on the bill of sale provided for his
10    signature or, if no space is provided, on the back of the
11    bill of sale. If the dealer or his agent or employee
12    disposing of or delivering the essential part cannot or
13    does not provide all the information required by subsection
14    (b) of this Section, the licensee or his agent or employee
15    shall not accept or receive any essential part for which
16    that required information is not provided. If such
17    essential part for which the information required is not
18    fully provided was physically acquired while the licensee
19    or his agent or employee was outside this State, the
20    licensee or his agent or employee shall not bring that
21    essential part into this State or cause it to be brought
22    into this State.
23        (3) If the person disposing of the essential part is
24    not a licensed dealer, the licensee or his agent or
25    employee shall, after inspecting the essential part as
26    required by paragraph (1) of subsection (c) of this Section

 

 

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1    verify the identity of the person disposing of the
2    essential part by examining 2 sources of identification,
3    one of which shall be either a driver's license or state
4    identification card. The licensee or his agent or employee
5    shall then prepare a Uniform Invoice listing all the
6    information required to be provided by subsection (b) of
7    this Section. In the space on the Uniform Invoice provided
8    for the dealer license number of the person disposing of
9    the part, the licensee or his agent or employee shall list
10    the numbers taken from the documents of identification
11    provided by the person disposing of the part. The person
12    disposing of the part shall affix his printed name and
13    legible signature on the space on the Uniform Invoice
14    provided for the person disposing of the essential part and
15    the licensee or his agent or employee acquiring the part
16    shall affix his printed name and legible signature on the
17    space provided on the Uniform Invoice for the person
18    acquiring the essential part. If the person disposing of
19    the essential part cannot or does not provide all the
20    information required to be provided by this paragraph, or
21    does not present 2 satisfactory forms of identification,
22    the licensee or his agent or employee shall not acquire
23    that essential part.
24    (d) If an essential part other than quarter panels and
25transmissions of vehicles of the first division was delivered
26by a licensed commercial delivery service delivering such part

 

 

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1on behalf of a licensed dealer, the person required to comply
2with subsection (c) of this Section may conduct the inspection
3of that part required by paragraph (1) of subsection (c) and
4examination of the Uniform Invoice or bill of sale required by
5paragraph (2) of subsection (c) of this Section immediately
6after the acceptance of the part.
7        (1) If the inspection of the essential part pursuant to
8    paragraph (1) of subsection (c) reveals that the vehicle
9    identification number, Secretary of State identification
10    number, Illinois Department of State Police identification
11    number, identification plate or sticker containing an
12    identification number, or Federal Certificate label of an
13    essential part has been removed, falsified, altered,
14    defaced, destroyed or tampered with, the licensee or his
15    agent shall immediately record such fact on the Uniform
16    Invoice or bill of sale, assign the part an inventory or
17    stock number, place such inventory or stock number on both
18    the essential part and the Uniform Invoice or bill of sale,
19    and record the date of the inspection of the part on the
20    Uniform Invoice or bill of sale. The licensee shall, within
21    7 days of such inspection, return such part to the dealer
22    from whom it was acquired.
23        (2) If the examination of the Uniform Invoice or bill
24    of sale pursuant to paragraph (2) of subsection (c) reveals
25    that any of the information required to be listed by
26    subsection (b) of this Section is missing, the licensee or

 

 

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1    person required to be licensed shall immediately assign a
2    stock or inventory number to such part, place such stock or
3    inventory number on both the essential part and the Uniform
4    Invoice or bill of sale, and record the date of examination
5    on the Uniform Invoice or bill of sale. The licensee or
6    person required to be licensed shall acquire the
7    information missing from the Uniform Invoice or bill of
8    sale within 7 days of the examination of such Uniform
9    Invoice or bill of sale. Such information may be received
10    by telephone conversation with the dealer from whom the
11    part was acquired. If the dealer provides the missing
12    information the licensee shall record such information on
13    the Uniform Invoice or bill of sale along with the name of
14    the person providing the information. If the dealer does
15    not provide the required information within the
16    aforementioned 7 day period, the licensee shall return the
17    part to that dealer.
18    (e) Except for scrap processors, all persons licensed or
19required to be licensed who acquire or dispose of essential
20parts other than quarter panels and transmissions of vehicles
21of the first division shall retain a copy of the Uniform
22Invoice required to be made by subsections (a), (b) and (c) of
23this Section for a period of 3 years.
24    (f) Except for scrap processors, any person licensed or
25required to be licensed under Sections 5-101, 5-102 or 5-301
26who knowingly fails to record on a Uniform Invoice any of the

 

 

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1information or entries required to be recorded by subsections
2(a), (b) and (c) of this Section, or who knowingly places false
3entries or other misleading information on such Uniform
4Invoice, or who knowingly fails to retain for 3 years a copy of
5a Uniform Invoice reflecting transactions required to be
6recorded by subsections (a), (b) and (c) of this Section, or
7who knowingly acquires or disposes of essential parts without
8receiving, issuing, or executing a Uniform Invoice reflecting
9that transaction as required by subsections (a), (b) and (c) of
10this Section, or who brings or causes to be brought into this
11State essential parts for which the information required to be
12recorded on a Uniform Invoice is not recorded as prohibited by
13subsection (c) of this Section, or who knowingly fails to
14comply with the provisions of this Section in any other manner
15shall be guilty of a Class 2 felony. Each violation shall
16constitute a separate and distinct offense and a separate count
17may be brought in the same indictment or information for each
18essential part for which a record was not kept as required by
19this Section or for which the person failed to comply with
20other provisions of this Section.
21    (g) The records required to be kept by this Section may be
22examined by a person or persons making a lawful inspection of
23the licensee's premises pursuant to Section 5-403.
24    (h) The records required to be kept by this Section shall
25be retained by the licensee at his principal place of business
26for a period of 7 years.

 

 

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1    (i) (Blank). The requirements of this Section shall not
2apply to the disposition of an essential part other than a cowl
3which has been damaged or altered to a state in which it can no
4longer be returned to a usable condition and which is being
5sold or transferred to a scrap processor or for delivery to a
6scrap processor.
7    (j) Scrap processors shall, under no circumstances, be
8permitted to use the Uniform Invoice for any purpose under this
9Chapter. Any person found in violation of this subsection (j)
10shall be guilty of a Class 2 felony.
11(Source: P.A. 91-415, eff. 1-1-00.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".