Sen. Andy Manar

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1934

2    AMENDMENT NO. ______. Amend Senate Bill 1934, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Sections 5-301 and 5-803 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,
9repairers and rebuilders must be licensed.
10    (a) No person in this State shall, except as an incident to
11the servicing of vehicles, carry on or conduct the business of
12an automotive parts recycler, a scrap processor, a repairer, or
13a rebuilder, unless licensed to do so in writing by the
14Secretary of State under this Section. No person shall rebuild
15a salvage vehicle unless such person is licensed as a rebuilder
16by the Secretary of State under this Section. No person shall

 

 

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1engage in the business of acquiring 5 or more previously owned
2vehicles in one calendar year for the primary purpose of
3disposing of those vehicles in the manner described in the
4definition of a "scrap processor" in this Code unless the
5person is licensed as an automotive parts recycler by the
6Secretary of State under this Section. No person shall engage
7in the act of dismantling, crushing, or altering a vehicle into
8another form using machinery or equipment unless licensed to do
9so and only from the fixed location identified on the license
10issued by the Secretary. Each license shall be applied for and
11issued separately, except that a license issued to a new
12vehicle dealer under Section 5-101 of this Code shall also be
13deemed to be a repairer license.
14    (b) Any application filed with the Secretary of State,
15shall be duly verified by oath, in such form as the Secretary
16of State may by rule or regulation prescribe and shall contain:
17        1. The name and type of business organization of the
18    applicant and his principal or additional places of
19    business, if any, in this State.
20        2. The kind or kinds of business enumerated in
21    subsection (a) of this Section to be conducted at each
22    location.
23        3. If the applicant is a corporation, a list of its
24    officers, directors, and shareholders having a ten percent
25    or greater ownership interest in the corporation, setting
26    forth the residence address of each; if the applicant is a

 

 

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1    sole proprietorship, a partnership, an unincorporated
2    association, a trust, or any similar form of business
3    organization, the names and residence address of the
4    proprietor or of each partner, member, officer, director,
5    trustee or manager.
6        4. A statement that the applicant's officers,
7    directors, shareholders having a ten percent or greater
8    ownership interest therein, proprietor, partner, member,
9    officer, director, trustee, manager, or other principals
10    in the business have not committed in the past three years
11    any one violation as determined in any civil or criminal or
12    administrative proceedings of any one of the following
13    Acts:
14            (a) the Anti-Theft Laws of the Illinois Vehicle
15        Code;
16            (b) the "Certificate of Title Laws" of the Illinois
17        Vehicle Code;
18            (c) the "Offenses against Registration and
19        Certificates of Title Laws" of the Illinois Vehicle
20        Code;
21            (d) the "Dealers, Transporters, Wreckers and
22        Rebuilders Laws" of the Illinois Vehicle Code;
23            (e) Section 21-2 of the Criminal Code of 1961 or
24        the Criminal Code of 2012, Criminal Trespass to
25        Vehicles; or
26            (f) the Retailers Occupation Tax Act.

 

 

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1        5. A statement that the applicant's officers,
2    directors, shareholders having a ten percent or greater
3    ownership interest therein, proprietor, partner, member,
4    officer, director, trustee, manager or other principals in
5    the business have not committed in any calendar year 3 or
6    more violations, as determined in any civil or criminal or
7    administrative proceedings, of any one or more of the
8    following Acts:
9            (a) the Consumer Finance Act;
10            (b) the Consumer Installment Loan Act;
11            (c) the Retail Installment Sales Act;
12            (d) the Motor Vehicle Retail Installment Sales
13        Act;
14            (e) the Interest Act;
15            (f) the Illinois Wage Assignment Act;
16            (g) Part 8 of Article XII of the Code of Civil
17        Procedure; or
18            (h) the Consumer Fraud Act.
19        6. An application for a license shall be accompanied by
20    the following fees: $50 for applicant's established place
21    of business; $25 for each additional place of business, if
22    any, to which the application pertains; provided, however,
23    that if such an application is made after June 15 of any
24    year, the license fee shall be $25 for applicant's
25    established place of business plus $12.50 for each
26    additional place of business, if any, to which the

 

 

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1    application pertains. License fees shall be returnable
2    only in the event that such application shall be denied by
3    the Secretary of State.
4        7. A statement that the applicant understands Chapter 1
5    through Chapter 5 of this Code.
6        8. A statement that the applicant shall comply with
7    subsection (e) of this Section.
8        9. A statement indicating if the applicant, including
9    any of the applicant's affiliates or predecessor
10    corporations, has been subject to the revocation or
11    nonrenewal of a business license by a municipality under
12    Section 5-501.5 of this Code.
13        10. The applicant's National Motor Vehicle Title
14    Information System number and a statement of compliance if
15    applicable.
16    (c) Any change which renders no longer accurate any
17information contained in any application for a license filed
18with the Secretary of State shall be amended within 30 days
19after the occurrence of such change on such form as the
20Secretary of State may prescribe by rule or regulation,
21accompanied by an amendatory fee of $2.
22    (d) Anything in this Chapter to the contrary,
23notwithstanding, no person shall be licensed under this Section
24unless such person shall maintain an established place of
25business as defined in this Chapter.
26    (e) The Secretary of State shall within a reasonable time

 

 

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1after receipt thereof, examine an application submitted to him
2under this Section and unless he makes a determination that the
3application submitted to him does not conform with the
4requirements of this Section or that grounds exist for a denial
5of the application, as prescribed in Section 5-501 of this
6Chapter, grant the applicant an original license as applied for
7in writing for his established place of business and a
8supplemental license in writing for each additional place of
9business in such form as he may prescribe by rule or regulation
10which shall include the following:
11        1. the name of the person licensed;
12        2. if a corporation, the name and address of its
13    officers or if a sole proprietorship, a partnership, an
14    unincorporated association or any similar form of business
15    organization, the name and address of the proprietor or of
16    each partner, member, officer, director, trustee or
17    manager;
18        3. a designation of the kind or kinds of business
19    enumerated in subsection (a) of this Section to be
20    conducted at each location;
21        4. in the case of an original license, the established
22    place of business of the licensee;
23        5. in the case of a supplemental license, the
24    established place of business of the licensee and the
25    additional place of business to which such supplemental
26    license pertains.

 

 

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1    (f) The appropriate instrument evidencing the license or a
2certified copy thereof, provided by the Secretary of State
3shall be kept, posted, conspicuously in the established place
4of business of the licensee and in each additional place of
5business, if any, maintained by such licensee. The licensee
6also shall post conspicuously in the established place of
7business and in each additional place of business a notice
8which states that such business is required to be licensed by
9the Secretary of State under Section 5-301, and which provides
10the license number of the business and the license expiration
11date. This notice also shall advise the consumer that any
12complaints as to the quality of service may be brought to the
13attention of the Attorney General. The information required on
14this notice also shall be printed conspicuously on all
15estimates and receipts for work by the licensee subject to this
16Section. The Secretary of State shall prescribe the specific
17format of this notice.
18    (g) Except as provided in subsection (h) hereof, licenses
19granted under this Section shall expire by operation of law on
20December 31 of the calendar year for which they are granted
21unless sooner revoked, nonrenewed, or cancelled under the
22provisions of Section 5-501 or 5-501.5 of this Chapter.
23    (h) Any license granted under this Section may be renewed
24upon application and payment of the fee required herein as in
25the case of an original license, provided, however, that in
26case an application for the renewal of an effective license is

 

 

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

 

 

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1    applied for the proper State sales tax classification and
2    federal identification tax number, and listing the actual
3    numbers if available.
4    (i-1) All automotive repairers shall provide proof that
5they comply with all requirements of the Automotive Collision
6Repair Act.
7    (j) All automotive parts recyclers shall, in addition to
8the requirements of subsections (a) through (h) of this
9Section, meet the following licensing requirements:
10        1. provide a statement that the applicant purchases 5
11    vehicles per year or has 5 hulks or chassis in stock;
12        2. provide proof that the property on which all first
13    time applicants will do business does comply to the proper
14    local zoning laws in existence, and a listing of zoning
15    classifications;
16        3. provide proof that applicant complies with the
17    proper workers' compensation rate code or classification,
18    and listing the code of classification; and
19        4. provide proof that applicant has obtained or applied
20    for the proper State sales tax classification and federal
21    identification tax number, and listing the actual numbers
22    if available.
23(Source: P.A. 100-409, eff. 8-25-17.)
 
24    (625 ILCS 5/5-803)
25    Sec. 5-803. Administrative penalties. Instead of filing a

 

 

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1criminal complaint against a new or used vehicle dealer, or
2against any other entity licensed by the Secretary under this
3Code, or any other unlicensed entity acting in violation of
4this Code, a Secretary of State Police investigator may issue
5administrative citations for violations of any of the
6provisions of this Code or any administrative rule adopted by
7the Secretary under this Code. A party receiving a citation
8shall have the right to contest the citation in proceedings
9before the Secretary of State Department of Administrative
10Hearings. Penalties imposed by issuance of an administrative
11citation shall not exceed $50 per violation. A penalty may not
12be imposed unless, during the course of a single investigation
13or upon review of the party's records, the party is found to
14have committed at least 3 separate violations of one or more of
15the provisions of this Code or any administrative rule adopted
16by the Secretary under this Code. Penalties paid as a result of
17the issuance of administrative citations shall be deposited in
18the Secretary of State Police Services Fund.
19(Source: P.A. 97-838, eff. 7-20-12; 98-177, eff. 1-1-14.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".