Full Text of HB1059 94th General Assembly
HB1059sam001 94TH GENERAL ASSEMBLY
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Sen. Dave Sullivan
Filed: 4/28/2005
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09400HB1059sam001 |
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LRB094 09349 DRH 45371 a |
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| AMENDMENT TO HOUSE BILL 1059
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| AMENDMENT NO. ______. Amend House Bill 1059 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Sections 1-154.7 and 5-302 as follows:
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| (625 ILCS 5/1-154.7)
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| Sec. 1-154.7. Out-of-state salvage vehicle buyer. A person | 8 |
| who is
eligible to acquire salvage vehicles in his or her home | 9 |
| state or country
licensed in another state for the primary | 10 |
| purpose of acquiring salvage vehicles
and who is issued an | 11 |
| out-of-state salvage vehicle buyer's identification card
in
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| this State for the sole purpose of acquiring salvage vehicles | 13 |
| and taking them
out of state.
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| (Source: P.A. 90-89, eff. 1-1-98.)
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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 | 17 |
| eligible to acquire salvage vehicles in his or her home state | 18 |
| or country
licensed . | 19 |
| (a) No
person in this State shall sell or offer at auction | 20 |
| salvage vehicles to a
nonresident who has not been issued an | 21 |
| out-of-state salvage vehicle buyer's
ID card from the Secretary | 22 |
| of State under this Section. To qualify for this
ID card, the | 23 |
| applicant shall submit the required fee and be eligible to |
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| acquire salvage vehicles in his or her home state or country
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| with the application an out-of-state
dealer license which is | 3 |
| issued by the applicant's state and is
substantially equivalent | 4 |
| to that of a rebuilder, automotive parts recycler
or scrap | 5 |
| processor, as licensed under this Code .
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| (b) Any application filed with the Secretary of State, | 7 |
| shall be duly
verified by oath, in such form as the Secretary | 8 |
| of State may by rule or
regulation prescribe.
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| (c) An application for an out-of-state ID card shall be | 10 |
| accompanied by a
fee of $100; provided however, that if an | 11 |
| application is made after June
15 of
any year, the ID card fee | 12 |
| shall be $50. Any fees shall be returnable only
in the event | 13 |
| that such application is denied by the Secretary of State.
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| (d) 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 out-of-state salvage vehicle | 21 |
| buyer's ID card.
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| (e) Except as provided in subsection (f) of this Section, | 23 |
| licenses
granted under this Section shall expire by operation | 24 |
| of law on December 31
of the calendar year for which they are | 25 |
| granted unless revoked or cancelled
under the provisions of | 26 |
| Section 5-501 of this Chapter.
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| (f) Any license granted under this Section may be renewed | 28 |
| upon
application and payment of the fee required for an | 29 |
| original license,
provided however, that where an application | 30 |
| for the renewal of a license
is made during the month of | 31 |
| December, the license in effect at the time of
application for | 32 |
| renewal shall remain in force until such application is
granted | 33 |
| 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 | 2 |
| salvage vehicles in
this State in accordance with this Code and | 3 |
| such rules as the Secretary of
State may promulgate.
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| (h) Beginning July 1, 1988, the application filed with the | 5 |
| Secretary of
State shall also contain:
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| 1. The name and type of business organization of the | 7 |
| applicant and
his principal or other places of business;
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| 2. If the applicant is a corporation, a list of its | 9 |
| officers,
directors, and shareholders having a 10% or greater | 10 |
| ownership
interest in the corporation, setting forth the | 11 |
| residence address of each;
if the applicant is a sole | 12 |
| proprietorship, a partnership, an unincorporated
association, | 13 |
| a trust, or any similar form of business organization, the
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| names and residence address of the proprietor, or of each | 15 |
| partner, member,
officer, director, trustee or manager;
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| 3. A statement that the applicant's officers, directors, | 17 |
| shareholders
having a 10% or greater ownership interest | 18 |
| therein, proprietor,
partner, member, officer, director, | 19 |
| trustee, manager, or other principals
in the business have not | 20 |
| committed in the past 3 years any one
violation as determined | 21 |
| in any civil or criminal or administrative
proceedings of any | 22 |
| one of the following Acts:
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| (A) The "Anti Theft Laws" of the Illinois Vehicle Code;
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| (B) The "Certificate of Title Laws" of the Illinois Vehicle | 25 |
| Code;
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| (C) The "Offenses against Registration and Certificates of | 27 |
| Title Laws"
of the Illinois Vehicle Code;
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| (D) The "Dealers, Transporters, Wreckers and Rebuilders | 29 |
| Laws" of the
Illinois Vehicle Code;
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| (E) Section 21-2 of the Criminal Code of 1961, Criminal | 31 |
| 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, | 34 |
| shareholders
having a 10% or greater ownership interest |
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| therein, proprietor,
partner, member, officer, director, | 2 |
| trustee, manager or other principals
in the business have not | 3 |
| committed in any calendar year 3
or more violations, as | 4 |
| 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 | 11 |
| charges in
connection with sales on credit and the lending of | 12 |
| money", approved May 24,
1879, as amended;
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| (F) "An Act to promote the welfare of wage earners by | 14 |
| regulating the
assignment of wages, and prescribing a penalty | 15 |
| 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; | 17 |
| or
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| (H) The "Consumer Fraud Act"; and
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| 5. A statement that the applicant understands Chapters 1 | 20 |
| through
5 of this Code.
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| (i) Any change which renders no longer accurate any | 22 |
| information
contained in any application for a license filed | 23 |
| with the Secretary of
State shall be amended within 30 days | 24 |
| after the occurrence of such
change on such form as the | 25 |
| Secretary of State may prescribe by rule or
regulation, | 26 |
| accompanied by an amendatory fee of $2.
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| (Source: P.A. 86-444.)".
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