Sen. Martin A. Sandoval
Filed: 3/28/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 512
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 512 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 5-301 and 5-503 and by adding Section 5-501.5 | ||||||
6 | as follows:
| ||||||
7 | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| ||||||
8 | Sec. 5-301. Automotive parts recyclers, scrap processors, | ||||||
9 | repairers and
rebuilders must be licensed. | ||||||
10 | (a) No person in this State shall, except as an incident to
| ||||||
11 | the servicing of vehicles, carry on or conduct the business
of | ||||||
12 | an automotive parts recycler, a scrap processor, a repairer,
or | ||||||
13 | a rebuilder, unless licensed to do so in writing by the | ||||||
14 | Secretary of
State under this Section. No person shall rebuild | ||||||
15 | a salvage vehicle
unless such person is licensed as a rebuilder | ||||||
16 | by the Secretary of State
under this Section. No person shall |
| |||||||
| |||||||
1 | engage in the business of acquiring 5 or more previously owned | ||||||
2 | vehicles in one calendar year for the primary purpose of | ||||||
3 | disposing of those vehicles in the manner described in the | ||||||
4 | definition of a "scrap processor" in this Code unless the | ||||||
5 | person is licensed as an automotive parts recycler by the | ||||||
6 | Secretary of State under this Section. Each license shall be | ||||||
7 | applied for and issued
separately, except that a license issued | ||||||
8 | to a new vehicle dealer under
Section 5-101 of this Code shall | ||||||
9 | also be deemed to be a repairer license.
| ||||||
10 | (b) Any application filed with the Secretary of State, | ||||||
11 | shall be duly
verified by oath, in such form as the Secretary | ||||||
12 | of State may by rule or
regulation prescribe and shall contain:
| ||||||
13 | 1. The name and type of business organization of the | ||||||
14 | applicant and
his principal or additional places of | ||||||
15 | business, if any, in this State.
| ||||||
16 | 2. The kind or kinds of business enumerated in | ||||||
17 | subsection (a) of
this Section to be conducted at each | ||||||
18 | location.
| ||||||
19 | 3. If the applicant is a corporation, a list of its | ||||||
20 | officers,
directors, and shareholders having a ten percent | ||||||
21 | or greater ownership
interest in the corporation, setting | ||||||
22 | forth the residence address of each;
if the applicant is a | ||||||
23 | sole proprietorship, a partnership, an unincorporated
| ||||||
24 | association, a trust, or any similar form of business | ||||||
25 | organization, the
names and residence address of the | ||||||
26 | proprietor or of each partner, member,
officer, director, |
| |||||||
| |||||||
1 | trustee or manager.
| ||||||
2 | 4. A statement that the applicant's officers, | ||||||
3 | directors, shareholders
having a ten percent or greater | ||||||
4 | ownership interest therein, proprietor,
partner, member, | ||||||
5 | officer, director, trustee, manager, or other principals
| ||||||
6 | in the business have not committed in the past three years | ||||||
7 | any one
violation as determined in any civil or criminal or | ||||||
8 | administrative
proceedings of any one of the following | ||||||
9 | Acts:
| ||||||
10 | (a) The Anti-Theft Laws of the Illinois Vehicle | ||||||
11 | Code;
| ||||||
12 | (b) The "Certificate of Title Laws" of the Illinois | ||||||
13 | Vehicle Code;
| ||||||
14 | (c) The "Offenses against Registration and | ||||||
15 | Certificates of Title Laws"
of the Illinois Vehicle | ||||||
16 | Code;
| ||||||
17 | (d) The "Dealers, Transporters, Wreckers and | ||||||
18 | Rebuilders Laws" of the
Illinois Vehicle Code;
| ||||||
19 | (e) Section 21-2 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012, Criminal Trespass to
| ||||||
21 | Vehicles; or
| ||||||
22 | (f) The Retailers Occupation Tax Act.
| ||||||
23 | 5. A statement that the applicant's officers, | ||||||
24 | directors, shareholders
having a ten percent or greater | ||||||
25 | ownership interest therein, proprietor,
partner, member, | ||||||
26 | officer, director, trustee, manager or other principals
in |
| |||||||
| |||||||
1 | the business have not committed in any calendar year 3 or | ||||||
2 | more
violations, as determined in any civil or criminal or | ||||||
3 | administrative
proceedings, of any one or more of the | ||||||
4 | following Acts:
| ||||||
5 | (a) The Consumer Finance Act;
| ||||||
6 | (b) The Consumer Installment Loan Act;
| ||||||
7 | (c) The Retail Installment Sales Act;
| ||||||
8 | (d) The Motor Vehicle Retail Installment Sales | ||||||
9 | Act;
| ||||||
10 | (e) The Interest Act;
| ||||||
11 | (f) The Illinois Wage Assignment Act;
| ||||||
12 | (g) Part 8 of Article XII of the Code of Civil | ||||||
13 | Procedure; or
| ||||||
14 | (h) The Consumer Fraud Act.
| ||||||
15 | 6. An application for a license shall be accompanied by | ||||||
16 | the
following fees:
$50 for applicant's established place | ||||||
17 | of business;
$25 for each
additional place of business, if | ||||||
18 | any, to which the application pertains;
provided, however, | ||||||
19 | that if such an application is made after June 15 of
any | ||||||
20 | year, the license fee shall be $25 for applicant's | ||||||
21 | established
place
of business plus $12.50 for each | ||||||
22 | additional place of business, if
any,
to which the | ||||||
23 | application pertains. License fees shall be returnable | ||||||
24 | only
in the event that such application shall be denied by | ||||||
25 | the Secretary of
State.
| ||||||
26 | 7. A statement that the applicant understands Chapter 1 |
| |||||||
| |||||||
1 | through
Chapter 5 of this Code.
| ||||||
2 | 8. A statement that the applicant shall comply with
| ||||||
3 | subsection (e)
of this Section.
| ||||||
4 | (c) Any change which renders no longer accurate any | ||||||
5 | information
contained in any application for a license filed | ||||||
6 | with the Secretary of
State shall be amended within 30 days | ||||||
7 | after the occurrence of such
change on such form as the | ||||||
8 | Secretary of State may prescribe by rule or
regulation, | ||||||
9 | accompanied by an amendatory fee of $2.
| ||||||
10 | (d) Anything in this chapter to the contrary, | ||||||
11 | notwithstanding, no
person shall be licensed under this Section | ||||||
12 | unless such person shall
maintain an established place of | ||||||
13 | business as defined in this Chapter.
| ||||||
14 | (e) The Secretary of State shall within a reasonable time | ||||||
15 | after
receipt thereof, examine an application submitted to him | ||||||
16 | under this
Section and unless he makes a determination that the | ||||||
17 | application
submitted to him does not conform with the | ||||||
18 | requirements of this Section
or that grounds exist for a denial | ||||||
19 | of the application, as prescribed in
Section 5-501 of this | ||||||
20 | Chapter, grant the applicant an original license
as applied for | ||||||
21 | in writing for his established place of business and a
| ||||||
22 | supplemental license in writing for each additional place of
| ||||||
23 | business in such form as he may prescribe by rule or regulation | ||||||
24 | which shall
include the following:
| ||||||
25 | 1. The name of the person licensed;
| ||||||
26 | 2. If a corporation, the name and address of its |
| |||||||
| |||||||
1 | officers or if a
sole proprietorship, a partnership, an | ||||||
2 | unincorporated association or any
similar form of business | ||||||
3 | organization, the name and address of the
proprietor or of | ||||||
4 | each partner, member, officer, director, trustee or | ||||||
5 | manager;
| ||||||
6 | 3. A designation of the kind or kinds of business | ||||||
7 | enumerated in
subsection (a) of this Section to be | ||||||
8 | conducted at each location;
| ||||||
9 | 4. In the case of an original license, the established | ||||||
10 | place of
business of the licensee;
| ||||||
11 | 5. In the case of a supplemental license, the | ||||||
12 | established place of
business of the licensee and the | ||||||
13 | additional place of business to which such
supplemental | ||||||
14 | license pertains.
| ||||||
15 | (f) The appropriate instrument evidencing the license or a | ||||||
16 | certified
copy thereof, provided by the Secretary of State | ||||||
17 | shall be kept, posted,
conspicuously in the established place | ||||||
18 | of business of the
licensee and in each additional place of | ||||||
19 | business, if any, maintained by
such licensee. The licensee | ||||||
20 | also shall post conspicuously in the
established place of | ||||||
21 | business and in each additional place of business a
notice | ||||||
22 | which states that such business is required to be licensed by | ||||||
23 | the
Secretary of State under Section 5-301, and which provides | ||||||
24 | the license
number of the business and the license expiration | ||||||
25 | date. This notice also
shall advise the consumer that any | ||||||
26 | complaints as to the quality of service
may be brought to the |
| |||||||
| |||||||
1 | attention of the Attorney General. The information
required on | ||||||
2 | this notice also shall be printed conspicuously on all
| ||||||
3 | estimates and receipts for work by the licensee subject to this | ||||||
4 | Section.
The Secretary of State shall prescribe the specific | ||||||
5 | format of this notice.
| ||||||
6 | (g) Except as provided in subsection (h) hereof, licenses | ||||||
7 | granted
under this Section shall expire by operation of law on | ||||||
8 | December 31 of
the calendar year for which they are granted | ||||||
9 | unless sooner revoked or
cancelled under the provisions of | ||||||
10 | Section 5-501 or 5-501.5 of this Chapter.
| ||||||
11 | (h) Any license granted under this Section may be renewed | ||||||
12 | upon
application and payment of the fee required herein as in | ||||||
13 | the case of an
original license, provided, however, that in | ||||||
14 | case an application for the
renewal of an effective license is | ||||||
15 | made during the month of December,
such effective license shall | ||||||
16 | remain in force until such application is
granted or denied by | ||||||
17 | the Secretary of State.
| ||||||
18 | (i) All automotive
repairers and
rebuilders shall, in | ||||||
19 | addition to the requirements of subsections (a)
through
(h) of | ||||||
20 | this Section, meet the following licensing requirements:
| ||||||
21 | 1. Provide proof that the property on which first time
| ||||||
22 | applicants plan to
do business is in compliance with local | ||||||
23 | zoning laws and regulations, and
a listing of zoning | ||||||
24 | classification;
| ||||||
25 | 2. Provide proof that the applicant for a repairer's
| ||||||
26 | license complies
with the proper workers' compensation |
| |||||||
| |||||||
1 | rate code or classification, and
listing the code of | ||||||
2 | classification for that industry;
| ||||||
3 | 3. Provide proof that the applicant for a rebuilder's
| ||||||
4 | license complies
with the proper workers' compensation | ||||||
5 | rate code or classification for the
repair industry or the | ||||||
6 | auto parts recycling industry and listing the code
of | ||||||
7 | classification;
| ||||||
8 | 4. Provide proof that the applicant has obtained or
| ||||||
9 | applied for a
hazardous waste generator number, and listing | ||||||
10 | the actual number if
available or certificate of exemption;
| ||||||
11 | 5. Provide proof that applicant has proper liability
| ||||||
12 | insurance, and
listing the name of the insurer and the | ||||||
13 | policy number; and
| ||||||
14 | 6. Provide proof that the applicant has obtained or
| ||||||
15 | applied for the proper
State sales tax classification and | ||||||
16 | federal identification tax number, and
listing the actual | ||||||
17 | numbers if available.
| ||||||
18 | (i-1) All automotive repairers shall provide proof that | ||||||
19 | they comply with all requirements of the Automotive Collision | ||||||
20 | Repair Act.
| ||||||
21 | (j) All automotive
parts
recyclers shall, in addition to | ||||||
22 | the requirements of subsections (a) through
(h) of this | ||||||
23 | Section, meet the following licensing requirements:
| ||||||
24 | 1. Provide a statement that the applicant purchases 5 | ||||||
25 | vehicles
per year or has 5
hulks or chassis in stock;
| ||||||
26 | 2. Provide proof that the property on which all first
|
| |||||||
| |||||||
1 | time applicants will
do business does comply to the proper | ||||||
2 | local zoning laws in existence, and
a listing of zoning | ||||||
3 | classifications;
| ||||||
4 | 3. Provide proof that applicant complies with the
| ||||||
5 | proper workers'
compensation rate code or classification, | ||||||
6 | and listing the code of
classification; and
| ||||||
7 | 4. Provide proof that applicant has obtained or
applied | ||||||
8 | for the proper
State sales tax classification and federal | ||||||
9 | identification tax number, and
listing the actual numbers | ||||||
10 | if available.
| ||||||
11 | (Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13; | ||||||
12 | 98-756, eff. 7-16-14.)
| ||||||
13 | (625 ILCS 5/5-501.5 new) | ||||||
14 | Sec. 5-501.5. License eligibility; fraud. | ||||||
15 | (a) For purposes of this Section, a "automotive parts | ||||||
16 | recycler, scrap processor, repairer, or rebuilder" includes | ||||||
17 | any owners, operators, principals, shareholders, partners, or | ||||||
18 | directors that have ownership interest or managerial authority | ||||||
19 | in the business at the time the fraud or misconduct occurred. | ||||||
20 | (b) Notwithstanding any other provision of law to the | ||||||
21 | contrary, an automotive parts recycler, scrap processor, | ||||||
22 | repairer, or rebuilder with a business license issued by a | ||||||
23 | municipality that has been revoked due to fraud or misconduct | ||||||
24 | committed against the municipality within 2 years preceding the | ||||||
25 | effective date of this amendatory Act of the 100th General |
| |||||||
| |||||||
1 | Assembly or on or after the effective date of this amendatory | ||||||
2 | Act of the 100th General Assembly shall not be eligible for a | ||||||
3 | license or license renewal under Section 5-301 of this Code. | ||||||
4 | (c) No later than 30 days after the effective date of this | ||||||
5 | amendatory Act of the 100th General Assembly, a municipality | ||||||
6 | that has revoked a business license under subsection (b) of | ||||||
7 | this Section shall: | ||||||
8 | (1) notify the former licensee that it is not eligible | ||||||
9 | to conduct business in this State; and | ||||||
10 | (2) notify any other municipality in which the former | ||||||
11 | licensee is known to conduct business that the former | ||||||
12 | licensee is not eligible to conduct business in this State. | ||||||
13 | (d) No later than 30 days after receiving a notice required | ||||||
14 | under subsection (c) of this Section, a municipality shall take | ||||||
15 | all actions necessary to revoke or, if the business license is | ||||||
16 | set to expire within a 30-day period of the notice, prohibit | ||||||
17 | renewal of the licensee's business license. | ||||||
18 | (e) An automotive parts recycler, scrap processor, | ||||||
19 | repairer, or rebuilder shall be fined $10,000 for each day it | ||||||
20 | conducts business in this State in violation of this Section. | ||||||
21 | (f) No unit of local government, including a home rule | ||||||
22 | unit, may regulate business licenses in a manner inconsistent | ||||||
23 | with this Section. This subsection (f) is a limitation under | ||||||
24 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
25 | Constitution on the concurrent exercise by home rule units of | ||||||
26 | powers and functions exercised by the State.
|
| |||||||
| |||||||
1 | (625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
| ||||||
2 | Sec. 5-503.
Failure to obtain dealer's license, operation | ||||||
3 | of a business
with a suspended or revoked license. (a) Any | ||||||
4 | person operating a business
for which he is required to be | ||||||
5 | licensed under Section 5-101, 5-102, 5-201
or 5-301 who fails | ||||||
6 | to apply for such a license or licenses within 15 days
after | ||||||
7 | being informed in writing by the Secretary of State that he | ||||||
8 | must obtain
such a license or licenses is subject to a civil | ||||||
9 | action brought by the
Secretary of State for operating a | ||||||
10 | business without a license in the
circuit court in the county | ||||||
11 | in which the business is located. If the
person is found to be | ||||||
12 | in violation of Section 5-101, 5-102, 5-201 or 5-301
by | ||||||
13 | carrying on a business without being properly licensed, that | ||||||
14 | person
shall be fined $300 for each business day he conducted | ||||||
15 | his business without
such a license after the expiration of the | ||||||
16 | 15 day period specified in this
subsection (a).
| ||||||
17 | (b) Any person who, having had his license or licenses | ||||||
18 | issued under Section
5-101, 5-102, 5-201 or 5-301 suspended, | ||||||
19 | revoked, cancelled or denied by the
Secretary of State under | ||||||
20 | Section 5-501 or 5-501.5 of this Code , continues to operate | ||||||
21 | business after
the effective date of such revocation, | ||||||
22 | suspension, cancellation or denial
may be sued in a civil | ||||||
23 | action by the Secretary of State in the county in
which the | ||||||
24 | established or additional place of such business is located. If
| ||||||
25 | such person is found by the court to have operated such a |
| |||||||
| |||||||
1 | business after
the license or licenses required for conducting | ||||||
2 | such
business have been suspended, revoked, cancelled or | ||||||
3 | denied, that person
shall be fined $500 for each day he | ||||||
4 | conducted business thereafter.
| ||||||
5 | (Source: P.A. 86-444.)
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|