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Public Act 101-0572
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| SB1934 Enrolled | LRB101 08765 TAE 53852 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 1-154.7, 5-301, 5-302, and 5-803 as follows:
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(625 ILCS 5/1-154.7)
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Sec. 1-154.7. Out-of-state salvage vehicle buyer. A person |
who is
licensed in another state or jurisdiction and acquires |
salvage or junk vehicles for the primary purpose of taking them
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out of this State state.
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(Source: P.A. 95-783, eff. 1-1-09.)
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(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
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Sec. 5-301. Automotive parts recyclers, scrap processors, |
repairers and
rebuilders must be licensed. |
(a) No person in this State shall, except as an incident to
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the servicing of vehicles, carry on or conduct the business
of |
an automotive parts recycler, a scrap processor, a repairer,
or |
a rebuilder, unless licensed to do so in writing by the |
Secretary of
State under this Section. No person shall rebuild |
a salvage vehicle
unless such person is licensed as a rebuilder |
by the Secretary of State
under this Section. No person shall |
engage in the business of acquiring 5 or more previously owned |
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vehicles in one calendar year for the primary purpose of |
disposing of those vehicles in the manner described in the |
definition of a "scrap processor" in this Code unless the |
person is licensed as an automotive parts recycler by the |
Secretary of State under this Section. No person shall engage |
in the act of dismantling, crushing, or altering a vehicle into |
another form using machinery or equipment unless licensed to do |
so and only from the fixed location identified on the license |
issued by the Secretary. Each license shall be applied for and |
issued
separately, except that a license issued to a new |
vehicle dealer under
Section 5-101 of this Code shall also be |
deemed to be a repairer license.
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(b) Any application filed with the Secretary of State, |
shall be duly
verified by oath, in such form as the Secretary |
of State may by rule or
regulation prescribe and shall contain:
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1. The name and type of business organization of the |
applicant and
his principal or additional places of |
business, if any, in this State.
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2. The kind or kinds of business enumerated in |
subsection (a) of
this Section to be conducted at each |
location.
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3. If the applicant is a corporation, a list of its |
officers,
directors, and shareholders having a ten percent |
or greater ownership
interest in the corporation, setting |
forth the residence address of each;
if the applicant is a |
sole proprietorship, a partnership, an unincorporated
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association, a trust, or any similar form of business |
organization, the
names and residence address of the |
proprietor or of each partner, member,
officer, director, |
trustee or manager.
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4. A statement that the applicant's officers, |
directors, shareholders
having a ten percent or greater |
ownership interest therein, proprietor,
partner, member, |
officer, director, trustee, manager, or other principals
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in the business have not committed in the past three years |
any one
violation as determined in any civil or criminal or |
administrative
proceedings of any one of the following |
Acts:
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(a) the Anti-Theft Laws of the Illinois Vehicle |
Code;
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(b) the "Certificate of Title Laws" of the Illinois |
Vehicle Code;
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(c) the "Offenses against Registration and |
Certificates of Title Laws"
of the Illinois Vehicle |
Code;
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(d) the "Dealers, Transporters, Wreckers and |
Rebuilders Laws" of the
Illinois Vehicle Code;
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(e) Section 21-2 of the Criminal Code of 1961 or |
the Criminal Code of 2012, Criminal Trespass to
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Vehicles; or
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(f) the Retailers Occupation Tax Act.
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5. A statement that the applicant's officers, |
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directors, shareholders
having a ten percent or greater |
ownership interest therein, proprietor,
partner, member, |
officer, director, trustee, manager or other principals
in |
the business have not committed in any calendar year 3 or |
more
violations, as determined in any civil or criminal or |
administrative
proceedings, of any one or more of the |
following Acts:
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(a) the Consumer Finance Act;
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(b) the Consumer Installment Loan Act;
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(c) the Retail Installment Sales Act;
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(d) the Motor Vehicle Retail Installment Sales |
Act;
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(e) the Interest Act;
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(f) the Illinois Wage Assignment Act;
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(g) Part 8 of Article XII of the Code of Civil |
Procedure; or
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(h) the Consumer Fraud Act.
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6. An application for a license shall be accompanied by |
the
following fees:
$50 for applicant's established place |
of business;
$25 for each
additional place of business, if |
any, to which the application pertains;
provided, however, |
that if such an application is made after June 15 of
any |
year, the license fee shall be $25 for applicant's |
established
place
of business plus $12.50 for each |
additional place of business, if
any,
to which the |
application pertains. License fees shall be returnable |
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only
in the event that such application shall be denied by |
the Secretary of
State.
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7. A statement that the applicant understands Chapter 1 |
through
Chapter 5 of this Code.
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8. A statement that the applicant shall comply with
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subsection (e)
of this Section. |
9. A statement indicating if the applicant, including |
any of the applicant's affiliates or predecessor |
corporations, has been subject to the revocation or |
nonrenewal of a business license by a municipality under |
Section 5-501.5 of this Code.
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10. The applicant's National Motor Vehicle Title |
Information System number and a statement of compliance if |
applicable. |
(c) Any change which renders no longer accurate any |
information
contained in any application for a license filed |
with the Secretary of
State shall be amended within 30 days |
after the occurrence of such
change on such form as the |
Secretary of State may prescribe by rule or
regulation, |
accompanied by an amendatory fee of $2.
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(d) Anything in this Chapter to the contrary, |
notwithstanding, no
person shall be licensed under this Section |
unless such person shall
maintain an established place of |
business as defined in this Chapter.
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(e) The Secretary of State shall within a reasonable time |
after
receipt thereof, examine an application submitted to him |
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under this
Section and unless he makes a determination that the |
application
submitted to him does not conform with the |
requirements of this Section
or that grounds exist for a denial |
of the application, as prescribed in
Section 5-501 of this |
Chapter, grant the applicant an original license
as applied for |
in writing for his established place of business and a
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supplemental license in writing for each additional place of
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business in such form as he may prescribe by rule or regulation |
which shall
include the following:
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1. the name of the person licensed;
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2. if a corporation, the name and address of its |
officers or if a
sole proprietorship, a partnership, an |
unincorporated association or any
similar form of business |
organization, the name and address of the
proprietor or of |
each partner, member, officer, director, trustee or |
manager;
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3. a designation of the kind or kinds of business |
enumerated in
subsection (a) of this Section to be |
conducted at each location;
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4. in the case of an original license, the established |
place of
business of the licensee;
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5. in the case of a supplemental license, the |
established place of
business of the licensee and the |
additional place of business to which such
supplemental |
license pertains.
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(f) The appropriate instrument evidencing the license or a |
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certified
copy thereof, provided by the Secretary of State |
shall be kept, posted,
conspicuously in the established place |
of business of the
licensee and in each additional place of |
business, if any, maintained by
such licensee. The licensee |
also shall post conspicuously in the
established place of |
business and in each additional place of business a
notice |
which states that such business is required to be licensed by |
the
Secretary of State under Section 5-301, and which provides |
the license
number of the business and the license expiration |
date. This notice also
shall advise the consumer that any |
complaints as to the quality of service
may be brought to the |
attention of the Attorney General. The information
required on |
this notice also shall be printed conspicuously on all
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estimates and receipts for work by the licensee subject to this |
Section.
The Secretary of State shall prescribe the specific |
format of this notice.
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(g) Except as provided in subsection (h) hereof, licenses |
granted
under this Section shall expire by operation of law on |
December 31 of
the calendar year for which they are granted |
unless sooner revoked, nonrenewed, or
cancelled under the |
provisions of Section 5-501 or 5-501.5 of this Chapter.
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(h) Any license granted under this Section may be renewed |
upon
application and payment of the fee required herein as in |
the case of an
original license, provided, however, that in |
case an application for the
renewal of an effective license is |
made during the month of December,
such effective license shall |
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remain in force until such application is
granted or denied by |
the Secretary of State.
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(i) All automotive
repairers and
rebuilders shall, in |
addition to the requirements of subsections (a)
through
(h) of |
this Section, meet the following licensing requirements:
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1. provide proof that the property on which first time
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applicants plan to
do business is in compliance with local |
zoning laws and regulations, and
a listing of zoning |
classification;
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2. provide proof that the applicant for a repairer's
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license complies
with the proper workers' compensation |
rate code or classification, and
listing the code of |
classification for that industry;
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3. provide proof that the applicant for a rebuilder's
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license complies
with the proper workers' compensation |
rate code or classification for the
repair industry or the |
auto parts recycling industry and listing the code
of |
classification;
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4. provide proof that the applicant has obtained or
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applied for a
hazardous waste generator number, and listing |
the actual number if
available or certificate of exemption;
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5. provide proof that applicant has proper liability
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insurance, and
listing the name of the insurer and the |
policy number; and
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6. provide proof that the applicant has obtained or
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applied for the proper
State sales tax classification and |
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federal identification tax number, and
listing the actual |
numbers if available.
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(i-1) All automotive repairers shall provide proof that |
they comply with all requirements of the Automotive Collision |
Repair Act.
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(j) All automotive
parts
recyclers shall, in addition to |
the requirements of subsections (a) through
(h) of this |
Section, meet the following licensing requirements:
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1. provide a statement that the applicant purchases 5 |
vehicles
per year or has 5
hulks or chassis in stock;
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2. provide proof that the property on which all first
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time applicants will
do business does comply to the proper |
local zoning laws in existence, and
a listing of zoning |
classifications;
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3. provide proof that applicant complies with the
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proper workers'
compensation rate code or classification, |
and listing the code of
classification; and
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4. provide proof that applicant has obtained or
applied |
for the proper
State sales tax classification and federal |
identification tax number, and
listing the actual numbers |
if available.
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(Source: P.A. 100-409, eff. 8-25-17.)
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(625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)
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Sec. 5-302. Out-of-state salvage vehicle buyer must be |
licensed. |
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(a) No
person in this State shall sell or offer at auction |
a salvage vehicle vehicles to a
nonresident individual or |
business licensed in the United States unless the nonresident |
is who is not licensed in another state or jurisdiction and |
provides a resale tax certificate, if applicable, and one of |
the following: a National Motor Vehicle Title Information |
System (NMVTIS) number, a federal employer identification |
number, or a government-issued driver's license or passport. A |
person in this State shall not sell at auction a salvage |
vehicle to an out-of-country buyer, unless if the nonresident |
is licensed in a jurisdiction that is not a state, then the |
nonresident shall provide to the seller the number of the |
nonresident's license issued by that jurisdiction and a copy of |
the nonresident's passport or the passport of an owner or |
officer of the nonresident entity or a copy of another form of |
government-issued identification from the nonresident or an |
owner or officer of the nonresident entity.
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(b) (Blank).
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(c) (Blank).
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(d) (Blank).
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(e) (Blank).
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(f) (Blank).
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(g) An out-of-state salvage vehicle buyer shall be subject |
to the
inspection of records pertaining to the acquisition of |
salvage vehicles in
this State in accordance with this Code and |
such rules as the Secretary of
State may promulgate.
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(h) (Blank).
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(i) (Blank).
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(j) An out-of-state salvage vehicle buyer who provides an |
address outside of the United States shall receive a salvage |
certificate stamped by the seller with the designation of "For |
Export Only" at the point of sale for each salvage vehicle |
purchased and the NMVTIS record shall be designated "EXPORT". |
(Source: P.A. 95-783, eff. 1-1-09.)
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(625 ILCS 5/5-803) |
Sec. 5-803. Administrative penalties. Instead of filing a |
criminal complaint against a new or used vehicle dealer, or |
against any other entity licensed by the Secretary under this |
Code, or any other unlicensed entity acting in violation of |
this Code, a Secretary of State Police investigator may issue |
administrative citations for violations of any of the |
provisions of this Code or any administrative rule adopted by |
the Secretary under this Code. A party receiving a citation |
shall have the right to contest the citation in proceedings |
before the Secretary of State Department of Administrative |
Hearings. Penalties imposed by issuance of an administrative |
citation shall not exceed $50 per violation. A penalty may not |
be imposed unless, during the course of a single investigation |
or upon review of the party's records, the party is found to |
have committed at least 3 separate violations of one or more of |
the provisions of this Code or any administrative rule adopted |