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HB1059 Engrossed |
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LRB094 09349 DRH 39591 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing |
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| Section 5-302 as follows:
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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 |
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| licensed. (a) No
person in this State shall sell or offer at |
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| auction salvage vehicles to a
nonresident who has not been |
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| issued an out-of-state salvage vehicle buyer's
ID card from the |
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| Secretary of State under this Section. To qualify for this
ID |
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| card, the applicant shall submit with the application an |
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| out-of-state
dealer license which is issued by the applicant's |
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| state and is
substantially equivalent to that of a rebuilder, |
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| automotive parts recycler
or scrap processor, as licensed under |
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| this Code.
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| (b) Any application filed with the Secretary of State, |
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| shall be duly
verified by oath, in such form as the Secretary |
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| of State may by rule or
regulation prescribe.
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| (c) An application for an out-of-state ID card shall be |
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| accompanied by a
fee of $1,000
$100 ; provided however, that if |
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| an application is made after June
15 of
any year, the ID card |
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| fee shall be $500
$50 . Any fees shall be returnable only
in the |
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| event that such application is denied by the Secretary of |
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| State.
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| (d) The Secretary of State shall within a reasonable time |
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| after receipt
thereof, examine an application submitted to him |
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| under this Section and
unless he makes a determination that the |
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| application submitted to him does
not conform with the |
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| requirements of this Section or that grounds exist for
a denial |
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| of the application, as prescribed in Section 5-501 of this |
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| Chapter,
grant the applicant an out-of-state salvage vehicle |
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HB1059 Engrossed |
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LRB094 09349 DRH 39591 b |
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| buyer's ID card.
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| (e) Except as provided in subsection (f) of this Section, |
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| licenses
granted under this Section shall expire by operation |
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| of law on December 31
of the calendar year for which they are |
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| granted unless revoked or cancelled
under the provisions of |
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| Section 5-501 of this Chapter.
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| (f) Any license granted under this Section may be renewed |
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| upon
application and payment of the fee required for an |
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| original license,
provided however, that where an application |
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| for the renewal of a license
is made during the month of |
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| December, the license in effect at the time of
application for |
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| renewal shall remain in force until such application is
granted |
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| or denied by the Secretary of State.
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| (g) An out-of-state salvage vehicle buyer shall be subject |
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| to the
inspection of records pertaining to the acquisition of |
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| salvage vehicles in
this State in accordance with this Code and |
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| such rules as the Secretary of
State may promulgate.
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| (h) Beginning July 1, 1988, the application filed with the |
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| Secretary of
State shall also contain:
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| 1. The name and type of business organization of the |
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| applicant and
his principal or other places of business;
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| 2. If the applicant is a corporation, a list of its |
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| officers,
directors, and shareholders having a 10% or greater |
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| ownership
interest in the corporation, setting forth the |
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| residence address of each;
if the applicant is a sole |
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| proprietorship, a partnership, an unincorporated
association, |
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| a trust, or any similar form of business organization, the
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| names and residence address of the proprietor, or of each |
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| partner, member,
officer, director, trustee or manager;
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| 3. A statement that the applicant's officers, directors, |
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| shareholders
having a 10% or greater ownership interest |
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| therein, proprietor,
partner, member, officer, director, |
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| trustee, manager, or other principals
in the business have not |
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| committed in the past 3 years any one
violation as determined |
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| in any civil or criminal or administrative
proceedings of any |
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| one of the following Acts:
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HB1059 Engrossed |
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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 |
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| Code;
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| (C) The "Offenses against Registration and Certificates of |
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| Title Laws"
of the Illinois Vehicle Code;
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| (D) The "Dealers, Transporters, Wreckers and Rebuilders |
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| Laws" of the
Illinois Vehicle Code;
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| (E) Section 21-2 of the Criminal Code of 1961, Criminal |
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| Trespass to Vehicles; or
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| (F) The "Retailers Occupation Tax Act";
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| 4. A statement that the applicant's officers, directors, |
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| shareholders
having a 10% or greater ownership interest |
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| therein, proprietor,
partner, member, officer, director, |
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| trustee, manager or other principals
in the business have not |
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| committed in any calendar year 3
or more violations, as |
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| determined in any civil or criminal or administrative
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| 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) "An Act in relation to the rate of interest and other |
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| charges in
connection with sales on credit and the lending of |
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| money", approved May 24,
1879, as amended;
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| (F) "An Act to promote the welfare of wage earners by |
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| regulating the
assignment of wages, and prescribing a penalty |
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| for the violation thereof",
approved July 1, 1935, as amended;
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| (G) Part 8 of Article XII of the Code of Civil Procedure; |
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| or
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| (H) The "Consumer Fraud Act"; and
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| 5. A statement that the applicant understands Chapters 1 |
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| through
5 of this Code.
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| (i) Any change which renders no longer accurate any |
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| information
contained in any application for a license filed |
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| with the Secretary of
State shall be amended within 30 days |
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| after the occurrence of such
change on such form as the |