| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning transportation. | |||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||||||||||||
4 | (20 ILCS 4005/12 rep.) | |||||||||||||||||||||||||||||||||||||
5 | Section 5. The Illinois Vehicle Hijacking and Motor | |||||||||||||||||||||||||||||||||||||
6 | Vehicle Theft Prevention and Insurance Verification Act is | |||||||||||||||||||||||||||||||||||||
7 | amended by repealing Section 12. | |||||||||||||||||||||||||||||||||||||
8 | Section 10. The Illinois Vehicle Code is amended by | |||||||||||||||||||||||||||||||||||||
9 | changing Sections 1-118, 5-401.2, and 5-402.1 and by adding | |||||||||||||||||||||||||||||||||||||
10 | Sections 1-110.05 and 1-115.01 as follows: | |||||||||||||||||||||||||||||||||||||
11 | (625 ILCS 5/1-110.05 new) | |||||||||||||||||||||||||||||||||||||
12 | Sec. 1-110.05. Catalytic converter. | |||||||||||||||||||||||||||||||||||||
13 | "Catalytic converter" means a post-combustion device that: | |||||||||||||||||||||||||||||||||||||
14 | (1) oxidizes hydrocarbons and carbon monoxide gases or reduces | |||||||||||||||||||||||||||||||||||||
15 | oxides of nitrogen; and (2) is designed or intended for use as | |||||||||||||||||||||||||||||||||||||
16 | part of an emission control system. As used in this Section, | |||||||||||||||||||||||||||||||||||||
17 | "catalytic converter" includes nonferrous parts, including | |||||||||||||||||||||||||||||||||||||
18 | rhodium, platinum, and palladium. | |||||||||||||||||||||||||||||||||||||
19 | (625 ILCS 5/1-115.01 new) | |||||||||||||||||||||||||||||||||||||
20 | Sec. 1-115.01. Detached catalytic converter. | |||||||||||||||||||||||||||||||||||||
21 | "Detached catalytic converter" means a catalytic |
| |||||||
| |||||||
1 | converter, as defined in Section 1-110.05 of the Code, that | ||||||
2 | was previously installed on a motor vehicle and subsequently | ||||||
3 | removed. | ||||||
4 | (625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118) | ||||||
5 | Sec. 1-118. Essential parts. All integral and body parts | ||||||
6 | of a vehicle of a type required to be registered hereunder, the | ||||||
7 | removal, alteration or substitution of which would tend to | ||||||
8 | conceal the identity of the vehicle or substantially alter its | ||||||
9 | appearance, model, type or mode of operation. "Essential | ||||||
10 | parts" includes the following: vehicle hulks, shells, chassis, | ||||||
11 | frames, front end assemblies (which may consist of headlight, | ||||||
12 | grill, fenders and hood), front clip (front end assembly with | ||||||
13 | cowl attached), rear clip (which may consist of quarter | ||||||
14 | panels, fenders, floor and top), doors, hatchbacks, fenders, | ||||||
15 | cabs, cab clips, cowls, hoods, trunk lids, deck lids, bed, | ||||||
16 | front bumper, rear bumper, transmissions, seats, engines, and | ||||||
17 | similar parts. "Essential parts" also includes fairings, fuel | ||||||
18 | tanks, and forks of motorcycles. "Essential parts" shall also | ||||||
19 | include stereo radios and catalytic converters . | ||||||
20 | An essential part which does not have affixed to it an | ||||||
21 | identification number as defined in Section 1-129 adopts the | ||||||
22 | identification number of the vehicle to which such part is | ||||||
23 | affixed, installed or mounted. | ||||||
24 | "Essential parts" does not include an engine, | ||||||
25 | transmission, or a rear axle that is used in a glider kit. |
| |||||||
| |||||||
1 | (Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17; | ||||||
2 | 100-863, eff. 8-14-18.) | ||||||
3 | (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2) | ||||||
4 | Sec. 5-401.2. Licensees required to keep records and make | ||||||
5 | inspections. | ||||||
6 | (a) Every person licensed or required to be licensed under | ||||||
7 | Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or | ||||||
8 | 5-302 of this Code, shall, with the exception of scrap | ||||||
9 | processors, maintain for 3 years, in a form as the Secretary of | ||||||
10 | State may by rule or regulation prescribe, at his established | ||||||
11 | place of business, additional place of business, or principal | ||||||
12 | place of business if licensed under Section 5-302, the | ||||||
13 | following records relating to the acquisition or disposition | ||||||
14 | of vehicles and their essential parts possessed in this State, | ||||||
15 | brought into this State from another state, territory or | ||||||
16 | country, or sold or transferred to another person in this | ||||||
17 | State or in another state, territory, or country. | ||||||
18 | (1) The following records pertaining to new or used | ||||||
19 | vehicles shall be kept: | ||||||
20 | (A) the year, make, model, style and color of the | ||||||
21 | vehicle; | ||||||
22 | (B) the vehicle's manufacturer's identification | ||||||
23 | number or, if applicable, the Secretary of State or | ||||||
24 | Illinois State Police identification number; | ||||||
25 | (C) the date of acquisition of the vehicle; |
| |||||||
| |||||||
1 | (D) the name and address of the person from whom | ||||||
2 | the vehicle was acquired and, if that person is a | ||||||
3 | dealer, the Illinois or out-of-state dealer license | ||||||
4 | number of such person; | ||||||
5 | (E) the signature of the person making the | ||||||
6 | inspection of a used vehicle as required under | ||||||
7 | subsection (d) of this Section, if applicable; | ||||||
8 | (F) the purchase price of the vehicle, if | ||||||
9 | applicable; | ||||||
10 | (G) the date of the disposition of the vehicle; | ||||||
11 | (H) the name and address of the person to whom any | ||||||
12 | vehicle was disposed, and if that person is a dealer, | ||||||
13 | the Illinois or out-of-State dealer's license number | ||||||
14 | of that dealer; | ||||||
15 | (I) the uniform invoice number reflecting the | ||||||
16 | disposition of the vehicle, if applicable; and | ||||||
17 | (J) The sale price of the vehicle, if applicable. | ||||||
18 | (2) (A) The following records pertaining to used | ||||||
19 | essential parts other than quarter panels and | ||||||
20 | transmissions of vehicles of the first division shall be | ||||||
21 | kept: | ||||||
22 | (i) the year, make, model, color and type of such | ||||||
23 | part; | ||||||
24 | (ii) the vehicle's manufacturer's identification | ||||||
25 | number, derivative number, or, if applicable, the | ||||||
26 | Secretary of State or Illinois State Police |
| |||||||
| |||||||
1 | identification number of such part; | ||||||
2 | (iii) the date of the acquisition of each part; | ||||||
3 | (iv) the name and address of the person from whom | ||||||
4 | the part was acquired and, if that person is a dealer, | ||||||
5 | the Illinois or out-of-state dealer license number of | ||||||
6 | such person; if the essential part being acquired is | ||||||
7 | from a person other than a dealer, the licensee shall | ||||||
8 | verify and record that person's identity by recording | ||||||
9 | the identification numbers from at least two sources | ||||||
10 | of identification, one of which shall be a drivers | ||||||
11 | license or State identification card; | ||||||
12 | (v) the uniform invoice number or out-of-state | ||||||
13 | bill of sale number reflecting the acquisition of such | ||||||
14 | part; | ||||||
15 | (vi) the stock number assigned to the essential | ||||||
16 | part by the licensee, if applicable; | ||||||
17 | (vii) the date of the disposition of such part; | ||||||
18 | (viii) the name and address of the person to whom | ||||||
19 | such part was disposed of and, if that person is a | ||||||
20 | dealer, the Illinois or out-of-state dealer license | ||||||
21 | number of that person; | ||||||
22 | (ix) the uniform invoice number reflecting the | ||||||
23 | disposition of such part. | ||||||
24 | (B) Inspections of all essential parts shall be | ||||||
25 | conducted in accordance with Section 5-402.1. | ||||||
26 | (C) A separate entry containing all of the information |
| |||||||
| |||||||
1 | required to be recorded in subparagraph (A) of paragraph | ||||||
2 | (2) of subsection (a) of this Section shall be made for | ||||||
3 | each separate essential part. Separate entries shall be | ||||||
4 | made regardless of whether the part was a large purchase | ||||||
5 | acquisition. In addition, a separate entry shall be made | ||||||
6 | for each part acquired for immediate sale or transfer, or | ||||||
7 | for placement into the overall inventory or stock to be | ||||||
8 | disposed of at a later time, or for use on a vehicle to be | ||||||
9 | materially altered by the licensee, or acquired for any | ||||||
10 | other purpose or reason. Failure to make a separate entry | ||||||
11 | for each essential part acquired or disposed of, or a | ||||||
12 | failure to record any of the specific information required | ||||||
13 | to be recorded concerning the acquisition or disposition | ||||||
14 | of each essential part as set forth in subparagraph (A) of | ||||||
15 | paragraph (2) of subsection (a) shall constitute a failure | ||||||
16 | to keep records. | ||||||
17 | (D) The vehicle's manufacturer's identification number | ||||||
18 | or Secretary of State or Illinois State Police | ||||||
19 | identification number for the essential part shall be | ||||||
20 | ascertained and recorded even if such part is acquired | ||||||
21 | from a person or dealer located in a State, territory, or | ||||||
22 | country which does not require that such information be | ||||||
23 | recorded. If the vehicle's manufacturer's identification | ||||||
24 | number or Secretary of State or Illinois State Police | ||||||
25 | identification number for an essential part cannot be | ||||||
26 | obtained, that part shall not be acquired by the licensee |
| |||||||
| |||||||
1 | or any of his agents or employees. If such part or parts | ||||||
2 | were physically acquired by the licensee or any of his | ||||||
3 | agents or employees while the licensee or agent or | ||||||
4 | employee was outside this State, that licensee or agent or | ||||||
5 | employee was outside the State, that licensee, agent or | ||||||
6 | employee shall not bring such essential part into this | ||||||
7 | State or cause it to be brought into this State. The | ||||||
8 | acquisition or disposition of an essential part by a | ||||||
9 | licensee without the recording of the vehicle | ||||||
10 | identification number or Secretary of State identification | ||||||
11 | number for such part or the transportation into the State | ||||||
12 | by the licensee or his agent or employee of such part or | ||||||
13 | parts shall constitute a failure to keep records. | ||||||
14 | (E) The records of essential parts required to be kept | ||||||
15 | by this Section shall apply to all hulks, chassis, frames , | ||||||
16 | or cowls, or catalytic converters regardless of the age of | ||||||
17 | those essential parts. The records required to be kept by | ||||||
18 | this Section for essential parts , other than hulks, | ||||||
19 | chassis, frames , or cowls, or catalytic converters, shall | ||||||
20 | apply only to those essential parts which are 6 model | ||||||
21 | years of age or newer. In determining the model year of | ||||||
22 | such an essential part it may be presumed that the | ||||||
23 | identification number of the vehicle from which the | ||||||
24 | essential part came or the identification number affixed | ||||||
25 | to the essential part itself acquired by the licensee | ||||||
26 | denotes the model year of that essential part. This |
| |||||||
| |||||||
1 | presumption, however, shall not apply if the gross | ||||||
2 | appearance of the essential part does not correspond to | ||||||
3 | the year, make or model of either the identification | ||||||
4 | number of the vehicle from which the essential part is | ||||||
5 | alleged to have come or the identification number which is | ||||||
6 | affixed to the essential part itself. To determine whether | ||||||
7 | an essential part is 6 years of age or newer within this | ||||||
8 | paragraph, the model year of the essential part shall be | ||||||
9 | subtracted from the calendar year in which the essential | ||||||
10 | part is acquired or disposed of by the licensee. If the | ||||||
11 | remainder is 6 or less, the record of the acquisition or | ||||||
12 | disposition of that essential part shall be kept as | ||||||
13 | required by this Section. | ||||||
14 | (F) The requirements of paragraph (2) of subsection | ||||||
15 | (a) of this Section shall not apply to the disposition of | ||||||
16 | an essential part , other than a cowl or catalytic | ||||||
17 | converter, which has been damaged or altered to a state in | ||||||
18 | which it can no longer be returned to a usable condition | ||||||
19 | and which is being sold or transferred to a scrap | ||||||
20 | processor or for delivery to a scrap processor. | ||||||
21 | (3) the following records for vehicles on which junking | ||||||
22 | certificates are obtained shall be kept: | ||||||
23 | (A) the year, make, model, style and color of the | ||||||
24 | vehicle; | ||||||
25 | (B) the vehicle's manufacturer's identification number | ||||||
26 | or, if applicable, the Secretary of State or Illinois |
| |||||||
| |||||||
1 | State Police identification number; | ||||||
2 | (C) the date the vehicle was acquired; | ||||||
3 | (D) the name and address of the person from whom the | ||||||
4 | vehicle was acquired and, if that person is a dealer, the | ||||||
5 | Illinois or out-of-state dealer license number of that | ||||||
6 | person; | ||||||
7 | (E) the certificate of title number or salvage | ||||||
8 | certificate number for the vehicle, if applicable; | ||||||
9 | (F) the junking certificate number obtained by the | ||||||
10 | licensee; this entry shall be recorded at the close of | ||||||
11 | business of the fifth business day after receiving the | ||||||
12 | junking certificate; | ||||||
13 | (G) the name and address of the person to whom the | ||||||
14 | junking certificate has been assigned, if applicable, and | ||||||
15 | if that person is a dealer, the Illinois or out-of-state | ||||||
16 | dealer license number of that dealer; | ||||||
17 | (H) if the vehicle or any part of the vehicle is | ||||||
18 | dismantled for its parts to be disposed of in any way, or | ||||||
19 | if such parts are to be used by the licensee to materially | ||||||
20 | alter a vehicle, those essential parts shall be recorded | ||||||
21 | and the entries required by paragraph (2) of subsection | ||||||
22 | (a) shall be made. | ||||||
23 | (4) The following records for rebuilt vehicles shall be | ||||||
24 | kept: | ||||||
25 | (A) the year, make, model, style and color of the | ||||||
26 | vehicle; |
| |||||||
| |||||||
1 | (B) the vehicle's manufacturer's identification number | ||||||
2 | of the vehicle or, if applicable, the Secretary of State | ||||||
3 | or Illinois State Police identification number; | ||||||
4 | (C) the date the vehicle was acquired; | ||||||
5 | (D) the name and address of the person from whom the | ||||||
6 | vehicle was acquired, and if that person is a dealer, the | ||||||
7 | Illinois or out-of-state dealer license number of that | ||||||
8 | person; | ||||||
9 | (E) the salvage certificate number for the vehicle; | ||||||
10 | (F) the newly issued certificate of title number for | ||||||
11 | the vehicle; | ||||||
12 | (G) the date of disposition of the vehicle; | ||||||
13 | (H) the name and address of the person to whom the | ||||||
14 | vehicle was disposed, and if a dealer, the Illinois or | ||||||
15 | out-of-state dealer license number of that dealer; | ||||||
16 | (I) The sale price of the vehicle. | ||||||
17 | (a-1) A person licensed or required to be licensed under | ||||||
18 | Section 5-101 or Section 5-102 of this Code who issues | ||||||
19 | temporary registration permits as permitted by this Code and | ||||||
20 | by rule must electronically file the registration with the | ||||||
21 | Secretary and must maintain records of the registration in the | ||||||
22 | manner prescribed by the Secretary. | ||||||
23 | (b) A failure to make separate entries for each vehicle | ||||||
24 | acquired, disposed of, or assigned, or a failure to record any | ||||||
25 | of the specific information required to be recorded concerning | ||||||
26 | the acquisition or disposition of each vehicle as set forth in |
| |||||||
| |||||||
1 | paragraphs (1), (3) and (4) of subsection (a) shall constitute | ||||||
2 | a failure to keep records. | ||||||
3 | (c) All entries relating to the acquisition of a vehicle | ||||||
4 | or essential part required by subsection (a) of this Section | ||||||
5 | shall be recorded no later than the close of business on the | ||||||
6 | seventh calendar day following such acquisition. All entries | ||||||
7 | relating to the disposition of a vehicle or an essential part | ||||||
8 | shall be made at the time of such disposition. If the vehicle | ||||||
9 | or essential part was disposed of on the same day as its | ||||||
10 | acquisition or the day thereafter, the entries relating to the | ||||||
11 | acquisition of the vehicle or essential part shall be made at | ||||||
12 | the time of the disposition of the vehicle or essential part. | ||||||
13 | Failure to make the entries required in or at the times | ||||||
14 | prescribed by this subsection following the acquisition or | ||||||
15 | disposition of such vehicle or essential part shall constitute | ||||||
16 | a failure to keep records. | ||||||
17 | (d) Every person licensed or required to be licensed | ||||||
18 | shall, before accepting delivery of a used vehicle, inspect | ||||||
19 | the vehicle to determine whether the manufacturer's public | ||||||
20 | vehicle identification number has been defaced, destroyed, | ||||||
21 | falsified, removed, altered, or tampered with in any way. If | ||||||
22 | the person making the inspection determines that the | ||||||
23 | manufacturer's public vehicle identification number has been | ||||||
24 | altered, removed, defaced, destroyed, falsified or tampered | ||||||
25 | with he shall not acquire that vehicle but instead shall | ||||||
26 | promptly notify law enforcement authorities of his or her |
| |||||||
| |||||||
1 | finding. | ||||||
2 | (e) The information required to be kept in subsection (a) | ||||||
3 | of this Section shall be kept in a manner prescribed by rule or | ||||||
4 | regulation of the Secretary of State. | ||||||
5 | (f) Every person licensed or required to be licensed shall | ||||||
6 | have in the person's his possession a separate certificate of | ||||||
7 | title, salvage certificate, junking certificate, certificate | ||||||
8 | of purchase, uniform invoice, out-of-state bill of sale or | ||||||
9 | other acceptable documentary evidence of the person's his | ||||||
10 | right to the possession of every vehicle or essential part. | ||||||
11 | (g) Every person licensed or required to be licensed as a | ||||||
12 | transporter under Section 5-201 shall maintain for 3 years, in | ||||||
13 | such form as the Secretary of State may by rule or regulation | ||||||
14 | prescribe, at the person's his principal place of business a | ||||||
15 | record of every vehicle transported by the person him , | ||||||
16 | including numbers of or other marks of identification thereof, | ||||||
17 | the names and addresses of persons from whom and to whom the | ||||||
18 | vehicle was delivered and the dates of delivery. | ||||||
19 | (h) No later than 15 days prior to going out of business, | ||||||
20 | selling the business, or transferring the ownership of the | ||||||
21 | business, the licensee shall notify the Secretary of State | ||||||
22 | that the licensee he is going out of business or that the | ||||||
23 | licensee he is transferring the ownership of the business. | ||||||
24 | Failure to notify under this paragraph shall constitute a | ||||||
25 | failure to keep records. | ||||||
26 | (i) (Blank). |
| |||||||
| |||||||
1 | (j) A person who knowingly fails to comply with the | ||||||
2 | provisions of this Section or knowingly fails to obey, | ||||||
3 | observe, or comply with any order of the Secretary or any law | ||||||
4 | enforcement agency issued in accordance with this Section is | ||||||
5 | guilty of a Class B misdemeanor for the first violation and a | ||||||
6 | Class A misdemeanor for the second and subsequent violations. | ||||||
7 | Each violation constitutes a separate and distinct offense and | ||||||
8 | a separate count may be brought in the same indictment or | ||||||
9 | information for each vehicle or each essential part of a | ||||||
10 | vehicle for which a record was not kept as required by this | ||||||
11 | Section. | ||||||
12 | (k) Any person convicted of failing to keep the records | ||||||
13 | required by this Section with intent to conceal the identity | ||||||
14 | or origin of a vehicle or its essential parts or with intent to | ||||||
15 | defraud the public in the transfer or sale of vehicles or their | ||||||
16 | essential parts is guilty of a Class 2 felony. Each violation | ||||||
17 | constitutes a separate and distinct offense and a separate | ||||||
18 | count may be brought in the same indictment or information for | ||||||
19 | each vehicle or essential part of a vehicle for which a record | ||||||
20 | was not kept as required by this Section. | ||||||
21 | (l) A person may not be criminally charged with or | ||||||
22 | convicted of both a knowing failure to comply with this | ||||||
23 | Section and a knowing failure to comply with any order, if both | ||||||
24 | offenses involve the same record keeping violation. | ||||||
25 | (m) The Secretary shall adopt rules necessary for | ||||||
26 | implementation of this Section, which may include the |
| |||||||
| |||||||
1 | imposition of administrative fines. | ||||||
2 | (Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.) | ||||||
3 | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1) | ||||||
4 | Sec. 5-402.1. Use of Secretary of State Uniform Invoice | ||||||
5 | for Essential Parts. | ||||||
6 | (a) Except for scrap processors, every person licensed or | ||||||
7 | required to be licensed under Section 5-101, 5-101.1, 5-102, | ||||||
8 | 5-102.8, or 5-301 of this Code shall issue, in a form the | ||||||
9 | Secretary of State may by rule or regulation prescribe, a | ||||||
10 | Uniform Invoice, which may also act as a bill of sale, with | ||||||
11 | respect to each transaction in which he disposes of an | ||||||
12 | essential part other than quarter panels and transmissions of | ||||||
13 | vehicles of the first division. Such Invoice shall be made out | ||||||
14 | at the time of the disposition of the essential part. If the | ||||||
15 | licensee disposes of several essential parts in the same | ||||||
16 | transaction, the licensee may issue one Uniform Invoice | ||||||
17 | covering all essential parts disposed of in that transaction. | ||||||
18 | (b) The following information shall be contained on the | ||||||
19 | Uniform Invoice: | ||||||
20 | (1) the business name, address, and dealer license | ||||||
21 | number of the person disposing of the essential part; | ||||||
22 | (2) the name and address of the person acquiring the | ||||||
23 | essential part, and if that person is a dealer, the | ||||||
24 | Illinois or out-of-state dealer license number of that | ||||||
25 | dealer; |
| |||||||
| |||||||
1 | (3) the date of the disposition of the essential part; | ||||||
2 | (4) the year, make, model, color, and description of | ||||||
3 | each essential part disposed of by the person; | ||||||
4 | (5) the manufacturer's vehicle identification number, | ||||||
5 | Secretary of State identification number, or Illinois | ||||||
6 | State Police identification number for each essential part | ||||||
7 | disposed of by the person; | ||||||
8 | (6) the printed name and legible signature of the | ||||||
9 | person or agent disposing of the essential part; and | ||||||
10 | (7) if the person is a dealer the printed name and | ||||||
11 | legible signature of the dealer or his agent or employee | ||||||
12 | accepting delivery of the essential part. | ||||||
13 | (c) Except for scrap processors, and except as set forth | ||||||
14 | in subsection (d) of this Section, whenever a person licensed | ||||||
15 | or required to be licensed by Section 5-101, 5-101.1, 5-102, | ||||||
16 | or 5-301 accepts delivery of an essential part, other than | ||||||
17 | quarter panels and transmissions of vehicles of the first | ||||||
18 | division, that person shall, at the time of the acceptance or | ||||||
19 | delivery, comply with the following procedures: | ||||||
20 | (1) Before acquiring or accepting delivery of any | ||||||
21 | essential part, the licensee or his authorized agent or | ||||||
22 | employee shall inspect the part to determine whether the | ||||||
23 | vehicle identification number, Secretary of State | ||||||
24 | identification number, Illinois State Police | ||||||
25 | identification number, or identification plate or sticker | ||||||
26 | attached to or stamped on any part being acquired or |
| |||||||
| |||||||
1 | delivered has been removed, falsified, altered, defaced, | ||||||
2 | destroyed, or tampered with. If the licensee or his agent | ||||||
3 | or employee determines that the vehicle identification | ||||||
4 | number, Secretary of State identification number, Illinois | ||||||
5 | State Police identification number, identification plate | ||||||
6 | or identification sticker containing an identification | ||||||
7 | number, or Federal Certificate label of an essential part | ||||||
8 | has been removed, falsified, altered, defaced, destroyed, | ||||||
9 | or tampered with, the licensee or agent shall not accept | ||||||
10 | or receive that part. | ||||||
11 | If that part was physically acquired by or delivered | ||||||
12 | to a licensee or his agent or employee while that | ||||||
13 | licensee, agent, or employee was outside this State, that | ||||||
14 | licensee or agent or employee shall not bring that | ||||||
15 | essential part into this State or cause it to be brought | ||||||
16 | into this State. | ||||||
17 | (2) If the person disposing of or delivering the | ||||||
18 | essential part to the licensee is a licensed in-state or | ||||||
19 | out-of-state dealer, the licensee or his agent or | ||||||
20 | employee, after inspecting the essential part as required | ||||||
21 | by paragraph (1) of this subsection (c), shall examine the | ||||||
22 | Uniform Invoice, or bill of sale, as the case may be, to | ||||||
23 | ensure that it contains all the information required to be | ||||||
24 | provided by persons disposing of essential parts as set | ||||||
25 | forth in subsection (b) of this Section. If the Uniform | ||||||
26 | Invoice or bill of sale does not contain all the |
| |||||||
| |||||||
1 | information required to be listed by subsection (b) of | ||||||
2 | this Section, the dealer disposing of or delivering such | ||||||
3 | part or his agent or employee shall record such additional | ||||||
4 | information or other needed modifications on the Uniform | ||||||
5 | Invoice or bill of sale or, if needed, an attachment | ||||||
6 | thereto. The dealer or his agent or employee delivering | ||||||
7 | the essential part shall initial all additions or | ||||||
8 | modifications to the Uniform Invoice or bill of sale and | ||||||
9 | legibly print his name at the bottom of each document | ||||||
10 | containing his initials. If the transaction involves a | ||||||
11 | bill of sale rather than a Uniform Invoice, the licensee | ||||||
12 | or his agent or employee accepting delivery of or | ||||||
13 | acquiring the essential part shall affix his printed name | ||||||
14 | and legible signature on the space on the bill of sale | ||||||
15 | provided for his signature or, if no space is provided, on | ||||||
16 | the back of the bill of sale. If the dealer or his agent or | ||||||
17 | employee disposing of or delivering the essential part | ||||||
18 | cannot or does not provide all the information required by | ||||||
19 | subsection (b) of this Section, the licensee or his agent | ||||||
20 | or employee shall not accept or receive any essential part | ||||||
21 | for which that required information is not provided. If | ||||||
22 | such essential part for which the information required is | ||||||
23 | not fully provided was physically acquired while the | ||||||
24 | licensee or his agent or employee was outside this State, | ||||||
25 | the licensee or his agent or employee shall not bring that | ||||||
26 | essential part into this State or cause it to be brought |
| |||||||
| |||||||
1 | into this State. | ||||||
2 | (3) If the person disposing of the essential part is | ||||||
3 | not a licensed dealer, the licensee or his agent or | ||||||
4 | employee shall, after inspecting the essential part as | ||||||
5 | required by paragraph (1) of subsection (c) of this | ||||||
6 | Section verify the identity of the person disposing of the | ||||||
7 | essential part by examining 2 sources of identification, | ||||||
8 | one of which shall be either a driver's license or state | ||||||
9 | identification card. The licensee or his agent or employee | ||||||
10 | shall then prepare a Uniform Invoice listing all the | ||||||
11 | information required to be provided by subsection (b) of | ||||||
12 | this Section. In the space on the Uniform Invoice provided | ||||||
13 | for the dealer license number of the person disposing of | ||||||
14 | the part, the licensee or his agent or employee shall list | ||||||
15 | the numbers taken from the documents of identification | ||||||
16 | provided by the person disposing of the part. The person | ||||||
17 | disposing of the part shall affix his printed name and | ||||||
18 | legible signature on the space on the Uniform Invoice | ||||||
19 | provided for the person disposing of the essential part | ||||||
20 | and the licensee or his agent or employee acquiring the | ||||||
21 | part shall affix his printed name and legible signature on | ||||||
22 | the space provided on the Uniform Invoice for the person | ||||||
23 | acquiring the essential part. If the person disposing of | ||||||
24 | the essential part cannot or does not provide all the | ||||||
25 | information required to be provided by this paragraph, or | ||||||
26 | does not present 2 satisfactory forms of identification, |
| |||||||
| |||||||
1 | the licensee or his agent or employee shall not acquire | ||||||
2 | that essential part. | ||||||
3 | (d) If an essential part other than quarter panels and | ||||||
4 | transmissions of vehicles of the first division was delivered | ||||||
5 | by a licensed commercial delivery service delivering such part | ||||||
6 | on behalf of a licensed dealer, the person required to comply | ||||||
7 | with subsection (c) of this Section may conduct the inspection | ||||||
8 | of that part required by paragraph (1) of subsection (c) and | ||||||
9 | examination of the Uniform Invoice or bill of sale required by | ||||||
10 | paragraph (2) of subsection (c) of this Section immediately | ||||||
11 | after the acceptance of the part. | ||||||
12 | (1) If the inspection of the essential part pursuant | ||||||
13 | to paragraph (1) of subsection (c) reveals that the | ||||||
14 | vehicle identification number, Secretary of State | ||||||
15 | identification number, Illinois State Police | ||||||
16 | identification number, identification plate or sticker | ||||||
17 | containing an identification number, or Federal | ||||||
18 | Certificate label of an essential part has been removed, | ||||||
19 | falsified, altered, defaced, destroyed, or tampered with, | ||||||
20 | the licensee or his agent shall immediately record such | ||||||
21 | fact on the Uniform Invoice or bill of sale, assign the | ||||||
22 | part an inventory or stock number, place such inventory or | ||||||
23 | stock number on both the essential part and the Uniform | ||||||
24 | Invoice or bill of sale, and record the date of the | ||||||
25 | inspection of the part on the Uniform Invoice or bill of | ||||||
26 | sale. The licensee shall, within 7 days of such |
| |||||||
| |||||||
1 | inspection, return such part to the dealer from whom it | ||||||
2 | was acquired. | ||||||
3 | (2) If the examination of the Uniform Invoice or bill | ||||||
4 | of sale pursuant to paragraph (2) of subsection (c) | ||||||
5 | reveals that any of the information required to be listed | ||||||
6 | by subsection (b) of this Section is missing, the licensee | ||||||
7 | or person required to be licensed shall immediately assign | ||||||
8 | a stock or inventory number to such part, place such stock | ||||||
9 | or inventory number on both the essential part and the | ||||||
10 | Uniform Invoice or bill of sale, and record the date of | ||||||
11 | examination on the Uniform Invoice or bill of sale. The | ||||||
12 | licensee or person required to be licensed shall acquire | ||||||
13 | the information missing from the Uniform Invoice or bill | ||||||
14 | of sale within 7 days of the examination of such Uniform | ||||||
15 | Invoice or bill of sale. Such information may be received | ||||||
16 | by telephone conversation with the dealer from whom the | ||||||
17 | part was acquired. If the dealer provides the missing | ||||||
18 | information the licensee shall record such information on | ||||||
19 | the Uniform Invoice or bill of sale along with the name of | ||||||
20 | the person providing the information. If the dealer does | ||||||
21 | not provide the required information within the | ||||||
22 | aforementioned 7-day period, the licensee shall return the | ||||||
23 | part to that dealer. | ||||||
24 | (e) Except for scrap processors, all persons licensed or | ||||||
25 | required to be licensed who acquire or dispose of essential | ||||||
26 | parts other than quarter panels and transmissions of vehicles |
| |||||||
| |||||||
1 | of the first division shall retain a copy of the Uniform | ||||||
2 | Invoice required to be made by subsections (a), (b), and (c) of | ||||||
3 | this Section for a period of 3 years. | ||||||
4 | (f) Except for scrap processors, any person licensed or | ||||||
5 | required to be licensed under Section 5-101, 5-102, or 5-301 | ||||||
6 | who knowingly fails to record on a Uniform Invoice any of the | ||||||
7 | information or entries required to be recorded by subsections | ||||||
8 | (a), (b), and (c) of this Section, or who knowingly places | ||||||
9 | false entries or other misleading information on such Uniform | ||||||
10 | Invoice, or who knowingly fails to retain for 3 years a copy of | ||||||
11 | a Uniform Invoice reflecting transactions required to be | ||||||
12 | recorded by subsections (a), (b), and (c) of this Section, or | ||||||
13 | who knowingly acquires or disposes of essential parts without | ||||||
14 | receiving, issuing, or executing a Uniform Invoice reflecting | ||||||
15 | that transaction as required by subsections (a), (b), and (c) | ||||||
16 | of this Section, or who brings or causes to be brought into | ||||||
17 | this State essential parts for which the information required | ||||||
18 | to be recorded on a Uniform Invoice is not recorded as | ||||||
19 | prohibited by subsection (c) of this Section, or who knowingly | ||||||
20 | fails to comply with the provisions of this Section in any | ||||||
21 | other manner shall be guilty of a Class 2 felony. Each | ||||||
22 | violation shall constitute a separate and distinct offense and | ||||||
23 | a separate count may be brought in the same indictment or | ||||||
24 | information for each essential part for which a record was not | ||||||
25 | kept as required by this Section or for which the person failed | ||||||
26 | to comply with other provisions of this Section. |
| |||||||
| |||||||
1 | (g) The records required to be kept by this Section may be | ||||||
2 | examined by a person or persons making a lawful inspection of | ||||||
3 | the licensee's premises pursuant to Section 5-403. | ||||||
4 | (h) The records required to be kept by this Section shall | ||||||
5 | be retained by the licensee at his principal place of business | ||||||
6 | for a period of 3 years. | ||||||
7 | (i) The requirements of this Section shall not apply to | ||||||
8 | the disposition of an essential part , other than a cowl or a | ||||||
9 | catalytic converter, which has been damaged or altered to a | ||||||
10 | state in which it can no longer be returned to a usable | ||||||
11 | condition and which is being sold or transferred to a scrap | ||||||
12 | processor or for delivery to a scrap processor. | ||||||
13 | (Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; | ||||||
14 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
15 | Section 15. The Recyclable Metal Purchase Registration Law | ||||||
16 | is amended by changing Sections 2, 3, 4.1, and 4.4 as follows: | ||||||
17 | (815 ILCS 325/2) (from Ch. 121 1/2, par. 322) | ||||||
18 | Sec. 2. Definitions. When used in this Act: | ||||||
19 | "Catalytic converter" means a post-combustion device that | ||||||
20 | oxidizes hydrocarbons and carbon monoxide gases or reduces | ||||||
21 | oxides of nitrogen and that is designed or intended for use as | ||||||
22 | part of an emission control system. As used in this Section, | ||||||
23 | "catalytic converter" includes nonferrous parts, including | ||||||
24 | rhodium, platinum, and palladium. |
| |||||||
| |||||||
1 | "Detached catalytic converter" means a catalytic converter | ||||||
2 | that was previously installed on a motor vehicle and | ||||||
3 | subsequently removed. | ||||||
4 | "Recyclable metal" means any copper, brass, or aluminum, | ||||||
5 | or any combination of those metals, or any catalytic converter | ||||||
6 | or its contents purchased by a recyclable metal dealer, | ||||||
7 | irrespective of form or quantity, except that "recyclable | ||||||
8 | metal" does not include: (i) items designed to contain, or to | ||||||
9 | be used in the preparation of, beverages or food for human | ||||||
10 | consumption; (ii) discarded items of non-commercial or | ||||||
11 | household waste; (iii) gold, silver, platinum, and other | ||||||
12 | precious metals used in jewelry; or (iv) vehicles, junk | ||||||
13 | vehicles, vehicle cowls, or essential vehicle parts except | ||||||
14 | catalytic converters . | ||||||
15 | "Recyclable metal dealer" means any individual, firm, | ||||||
16 | corporation or partnership conducting activity within the | ||||||
17 | boundaries of the State of Illinois and engaged in the | ||||||
18 | business of purchasing and reselling recyclable metal either | ||||||
19 | at a permanently established place of business or in | ||||||
20 | connection with a business of an itinerant nature, including | ||||||
21 | junk shops, junk yards, or junk stores, except that | ||||||
22 | "recyclable metal dealer" does not include automotive parts | ||||||
23 | recyclers, scrap processors, repairers and rebuilders licensed | ||||||
24 | pursuant to Section 5-301 of the Illinois Vehicle Code. | ||||||
25 | Recyclable metal dealers shall not be engaged in the business | ||||||
26 | of purchasing or reselling vehicles, junk vehicles, vehicle |
| |||||||
| |||||||
1 | cowls, or essential vehicle parts except catalytic converters . | ||||||
2 | (Source: P.A. 102-906, eff. 5-27-22.) | ||||||
3 | (815 ILCS 325/3) (from Ch. 121 1/2, par. 323) | ||||||
4 | Sec. 3. Records of purchases. Except as provided in | ||||||
5 | Section 5 of this Act every recyclable metal dealer in this | ||||||
6 | State shall enter into an electronic record-keeping system for | ||||||
7 | each purchase of recyclable metal, a catalytic converter or | ||||||
8 | its contents, or recyclable metal containing copper the | ||||||
9 | following information: | ||||||
10 | 1. The name and address of the recyclable metal | ||||||
11 | dealer; | ||||||
12 | 2. The date and place of each purchase; | ||||||
13 | 3. The name, address, and copy of the license as an | ||||||
14 | automotive parts recycler or scrap processor issued by the | ||||||
15 | Secretary of State of the person or persons from whom the | ||||||
16 | recyclable metal was purchased, which shall be verified | ||||||
17 | from a valid driver's license or other government-issued | ||||||
18 | photo identification. The recyclable metal dealer shall | ||||||
19 | make and record a photocopy or electronic scan of the | ||||||
20 | license as an automotive parts recycler or scrap processor | ||||||
21 | issued by the Secretary of State and driver's license or | ||||||
22 | other government-issued photo identification. If the | ||||||
23 | person delivering the recyclable metal does not have a | ||||||
24 | valid driver's license or other government-issued photo | ||||||
25 | identification, the recyclable metal dealer shall not |
| |||||||
| |||||||
1 | complete the transaction; | ||||||
2 | 4. The motor vehicle license number and state of | ||||||
3 | issuance of the motor vehicle license number of the | ||||||
4 | vehicle or conveyance on which the recyclable metal was | ||||||
5 | delivered to the recyclable metal dealer; | ||||||
6 | 5. A description of the recyclable metal purchased, | ||||||
7 | including the weight and whether it consists of bars, | ||||||
8 | cable, ingots, rods, tubing, wire, wire scraps, clamps, | ||||||
9 | connectors, other appurtenances, or some combination | ||||||
10 | thereof , and, in a transaction involving a catalytic | ||||||
11 | converter, the vehicle identification number of the | ||||||
12 | vehicle from which the catalytic converter was removed and | ||||||
13 | the part number or other identifying number of the | ||||||
14 | catalytic converter that was removed ; | ||||||
15 | 6. Photographs or video, or both, of the seller and of | ||||||
16 | the materials as presented on the scale; and | ||||||
17 | 7. A declaration signed and dated by the person or | ||||||
18 | persons from whom the recyclable metal was purchased which | ||||||
19 | states the following: | ||||||
20 | "I, the undersigned, affirm under penalty of law | ||||||
21 | that the property that is subject to this transaction | ||||||
22 | is not to the best of my knowledge stolen property." ; | ||||||
23 | and . | ||||||
24 | 8. A copy of the certificate of title or registration | ||||||
25 | showing the seller's ownership in the vehicle in the case | ||||||
26 | of a transaction involving a catalytic converter. |
| |||||||
| |||||||
1 | A copy of the recorded information shall be kept in an | ||||||
2 | electronic record-keeping system by the recyclable metal | ||||||
3 | dealer. Purchase records shall be retained for a period of 3 | ||||||
4 | years. Photographs shall be retained for a period of 3 months | ||||||
5 | and video recordings shall be retained for a period of one | ||||||
6 | month. The electronic record-keeping system shall be made | ||||||
7 | available for inspection by any law enforcement official or | ||||||
8 | the representatives of common carriers and persons, firms, | ||||||
9 | corporations or municipal corporations engaged in either the | ||||||
10 | generation, transmission or distribution of electric energy or | ||||||
11 | engaged in telephone, telegraph or other communications, at | ||||||
12 | any time. A recyclable metal dealer must complete and file a | ||||||
13 | 1099-MISC on behalf of the seller, unless the seller has a | ||||||
14 | current license as an automotive parts recycler or scrap | ||||||
15 | processor issued by the Secretary of State. | ||||||
16 | (Source: P.A. 102-906, eff. 5-27-22.) | ||||||
17 | (815 ILCS 325/4.1) | ||||||
18 | Sec. 4.1. Restricted purchases. | ||||||
19 | (a) It is a violation of this Act for any person to | ||||||
20 | possess, purchase, attempt to purchase, sell or attempt to | ||||||
21 | sell, or for any recyclable metal dealer to purchase or | ||||||
22 | attempt to purchase, any of the following: | ||||||
23 | (1) materials that are clearly marked as property | ||||||
24 | belonging to a business or someone else other than the | ||||||
25 | seller; |
| |||||||
| |||||||
1 | (2) property associated with use by governments, | ||||||
2 | utilities, or railroads including, but not limited to, | ||||||
3 | guardrails, manhole covers, electric transmission and | ||||||
4 | distribution equipment, including transformers, grounding | ||||||
5 | straps, wires or poles, historical markers, street signs, | ||||||
6 | traffic signs, sewer grates, or any rail, switch | ||||||
7 | component, spike, angle bar, tie plate, or bolt of the | ||||||
8 | type used in constructing railroad track; | ||||||
9 | (3) cemetery plaques or ornaments; or | ||||||
10 | (4) any catalytic converter or its contents not | ||||||
11 | attached to a motor vehicle at the time of the transaction | ||||||
12 | unless the seller is licensed as an automotive parts | ||||||
13 | recycler or scrap processor and is in compliance with | ||||||
14 | Section 4.4 of the Recyclable Metal Purchase Registration | ||||||
15 | Law . | ||||||
16 | (b) This Section shall not apply when the seller produces | ||||||
17 | written documentation reasonably demonstrating that the seller | ||||||
18 | is the owner of the recyclable metal material or is authorized | ||||||
19 | to sell the material on behalf of the owner. The recyclable | ||||||
20 | metal dealer shall copy any such documentation and maintain it | ||||||
21 | along with the purchase record required by Section 3 of this | ||||||
22 | Act. | ||||||
23 | (Source: P.A. 102-906, eff. 5-27-22.) | ||||||
24 | (815 ILCS 325/4.4) | ||||||
25 | Sec. 4.4. Purchase of a catalytic converter or its |
| |||||||
| |||||||
1 | contents. | ||||||
2 | (a) It is unlawful for any person to purchase or otherwise | ||||||
3 | acquire a used, detached catalytic converter or any nonferrous | ||||||
4 | part thereof unless all of the following apply: | ||||||
5 | (1) the person is a licensed recyclable metal dealer; | ||||||
6 | (2) the sale or purchase occurs at the fixed business | ||||||
7 | address of a licensed recyclable metal dealer that is a | ||||||
8 | party to the transaction; and | ||||||
9 | (3) the purchaser has maintained the information | ||||||
10 | required under Section 3 of the Recyclable Metal Purchase | ||||||
11 | Registration Law. | ||||||
12 | (b) A recyclable metal dealer shall not pay cash in | ||||||
13 | payment for any catalytic converter or its contents having a | ||||||
14 | value of $100 or more. | ||||||
15 | (c) As used in this Section: | ||||||
16 | "Fixed business address of the licensed recyclable metal | ||||||
17 | dealer" means the address of the business that is on the | ||||||
18 | licensee issued by the Secretary of State. "Fixed business | ||||||
19 | address of the licensed recyclable metal dealer" also includes | ||||||
20 | the licensed address of a recyclable metal dealer, new or used | ||||||
21 | motor vehicle dealer, automotive repair service, motor vehicle | ||||||
22 | manufacturer, licensed automotive dismantler and parts | ||||||
23 | recycler, or distributor of catalytic converters who sells or | ||||||
24 | purchases the used, detached catalytic converter. | ||||||
25 | "Used, detached catalytic converter" does not include a | ||||||
26 | catalytic converter that has been tested, certified, and |
| |||||||
| |||||||
1 | labeled for reuse in accordance with applicable United States | ||||||
2 | Environmental Protection Agency Clean Air Act regulations. | ||||||
3 | (Source: P.A. 102-906, eff. 5-27-22.) |