Full Text of HB0773 98th General Assembly
HB0773ham001 98TH GENERAL ASSEMBLY | Rep. Edward J. Acevedo Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 773
| 2 | | AMENDMENT NO. ______. Amend House Bill 773 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, 5-401.3 and 5-402.1 as follows:
| 6 | | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| 7 | | Sec. 5-301. Automotive parts recyclers, scrap processors, | 8 | | repairers and
rebuilders must be licensed. | 9 | | (a) No person in this State shall, except as an incident to
| 10 | | the servicing of vehicles, carry on or conduct the business
of | 11 | | a automotive parts recyclers, a scrap processor, a repairer,
or | 12 | | a rebuilder, unless licensed to do so in writing by the | 13 | | Secretary of
State under this Section. No person shall rebuild | 14 | | a salvage vehicle
unless such person is licensed as a rebuilder | 15 | | by the Secretary of State
under this Section. No person shall | 16 | | engage in the business of acquiring 5 or more previously owned |
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| 1 | | vehicles in one calendar year for the primary purpose of | 2 | | disposing of those vehicles in the manner described in the | 3 | | definition of a "scrap processor" in this Code unless the | 4 | | person is licensed as an automotive parts recycler by the | 5 | | Secretary of State under this Section. Each license shall be | 6 | | applied for and issued
separately, except that a license issued | 7 | | to a new vehicle dealer under
Section 5-101 of this Code shall | 8 | | also be deemed to be a repairer license.
| 9 | | (a-5) No recyclable metal dealer may acquire or possess a | 10 | | vehicle, junk vehicle, vehicle cowl, or essential vehicle | 11 | | parts, as defined by Section 1-118 of this Code, for the | 12 | | purpose of processing them into a form other than a vehicle | 13 | | unless that recyclable metal dealer is also licensed by the | 14 | | Secretary of State as a scrap processor under this Section. A | 15 | | recyclable metal dealer who fails to obtain a scrap processor's | 16 | | license shall be subject to the provisions of Sections 5-503 | 17 | | and 5-801 of this Code. | 18 | | (b) Any application filed with the Secretary of State, | 19 | | shall be duly
verified by oath, in such form as the Secretary | 20 | | of State may by rule or
regulation prescribe and shall contain:
| 21 | | 1. The name and type of business organization of the | 22 | | applicant and
his principal or additional places of | 23 | | business, if any, in this State.
| 24 | | 2. The kind or kinds of business enumerated in | 25 | | subsection (a) of
this Section to be conducted at each | 26 | | location.
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| 1 | | 3. If the applicant is a corporation, a list of its | 2 | | officers,
directors, and shareholders having a ten percent | 3 | | or greater ownership
interest in the corporation, setting | 4 | | forth the residence address of each;
if the applicant is a | 5 | | sole proprietorship, a partnership, an unincorporated
| 6 | | association, a trust, or any similar form of business | 7 | | organization, the
names and residence address of the | 8 | | proprietor or of each partner, member,
officer, director, | 9 | | trustee or manager.
| 10 | | 4. A statement that the applicant's officers, | 11 | | directors, shareholders
having a ten percent or greater | 12 | | ownership interest therein, proprietor,
partner, member, | 13 | | officer, director, trustee, manager, or other principals
| 14 | | in the business have not committed in the past three years | 15 | | any one
violation as determined in any civil or criminal or | 16 | | administrative
proceedings of any one of the following | 17 | | Acts:
| 18 | | (a) The Anti Theft Laws of the Illinois Vehicle | 19 | | Code;
| 20 | | (b) The "Certificate of Title Laws" of the Illinois | 21 | | Vehicle Code;
| 22 | | (c) The "Offenses against Registration and | 23 | | Certificates of Title Laws"
of the Illinois Vehicle | 24 | | Code;
| 25 | | (d) The "Dealers, Transporters, Wreckers and | 26 | | Rebuilders Laws" of the
Illinois Vehicle Code;
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| 1 | | (e) Section 21-2 of the Criminal Code of 1961 or | 2 | | the Criminal Code of 2012, Criminal Trespass to
| 3 | | Vehicles; or
| 4 | | (f) The Retailers Occupation Tax Act.
| 5 | | 5. A statement that the applicant's officers, | 6 | | directors, shareholders
having a ten percent or greater | 7 | | ownership interest therein, proprietor,
partner, member, | 8 | | officer, director, trustee, manager or other principals
in | 9 | | the business have not committed in any calendar year 3 or | 10 | | more
violations, as determined in any civil or criminal or | 11 | | administrative
proceedings, of any one or more of the | 12 | | following Acts:
| 13 | | (a) The Consumer Finance Act;
| 14 | | (b) The Consumer Installment Loan Act;
| 15 | | (c) The Retail Installment Sales Act;
| 16 | | (d) The Motor Vehicle Retail Installment Sales | 17 | | Act;
| 18 | | (e) The Interest Act;
| 19 | | (f) The Illinois Wage Assignment Act;
| 20 | | (g) Part 8 of Article XII of the Code of Civil | 21 | | Procedure; or
| 22 | | (h) The Consumer Fraud Act.
| 23 | | 6. An application for a license shall be accompanied by | 24 | | the
following fees:
$50 for applicant's established place | 25 | | of business;
$25 for each
additional place of business, if | 26 | | any, to which the application pertains;
provided, however, |
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| 1 | | that if such an application is made after June 15 of
any | 2 | | year, the license fee shall be $25 for applicant's | 3 | | established
place
of business plus $12.50 for each | 4 | | additional place of business, if
any,
to which the | 5 | | application pertains. License fees shall be returnable | 6 | | only
in the event that such application shall be denied by | 7 | | the Secretary of
State.
| 8 | | 7. A statement that the applicant understands Chapter 1 | 9 | | through
Chapter 5 of this Code.
| 10 | | 8. A statement that the applicant shall comply with
| 11 | | subsection (e)
of this Section.
| 12 | | (c) Any change which renders no longer accurate any | 13 | | information
contained in any application for a license filed | 14 | | with the Secretary of
State shall be amended within 30 days | 15 | | after the occurrence of such
change on such form as the | 16 | | Secretary of State may prescribe by rule or
regulation, | 17 | | accompanied by an amendatory fee of $2.
| 18 | | (d) Anything in this chapter to the contrary, | 19 | | notwithstanding, no
person shall be licensed under this Section | 20 | | unless such person shall
maintain an established place of | 21 | | business as defined in this Chapter.
| 22 | | (e) The Secretary of State shall within a reasonable time | 23 | | after
receipt thereof, examine an application submitted to him | 24 | | under this
Section and unless he makes a determination that the | 25 | | application
submitted to him does not conform with the | 26 | | requirements of this Section
or that grounds exist for a denial |
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| 1 | | of the application, as prescribed in
Section 5-501 of this | 2 | | Chapter, grant the applicant an original license
as applied for | 3 | | in writing for his established place of business and a
| 4 | | supplemental license in writing for each additional place of
| 5 | | business in such form as he may prescribe by rule or regulation | 6 | | which shall
include the following:
| 7 | | 1. The name of the person licensed;
| 8 | | 2. If a corporation, the name and address of its | 9 | | officers or if a
sole proprietorship, a partnership, an | 10 | | unincorporated association or any
similar form of business | 11 | | organization, the name and address of the
proprietor or of | 12 | | each partner, member, officer, director, trustee or | 13 | | manager;
| 14 | | 3. A designation of the kind or kinds of business | 15 | | enumerated in
subsection (a) of this Section to be | 16 | | conducted at each location;
| 17 | | 4. In the case of an original license, the established | 18 | | place of
business of the licensee;
| 19 | | 5. In the case of a supplemental license, the | 20 | | established place of
business of the licensee and the | 21 | | additional place of business to which such
supplemental | 22 | | license pertains.
| 23 | | (f) The appropriate instrument evidencing the license or a | 24 | | certified
copy thereof, provided by the Secretary of State | 25 | | shall be kept, posted,
conspicuously in the established place | 26 | | of business of the
licensee and in each additional place of |
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| 1 | | business, if any, maintained by
such licensee. The licensee | 2 | | also shall post conspicuously in the
established place of | 3 | | business and in each additional place of business a
notice | 4 | | which states that such business is required to be licensed by | 5 | | the
Secretary of State under Section 5-301, and which provides | 6 | | the license
number of the business and the license expiration | 7 | | date. This notice also
shall advise the consumer that any | 8 | | complaints as to the quality of service
may be brought to the | 9 | | attention of the Attorney General. The information
required on | 10 | | this notice also shall be printed conspicuously on all
| 11 | | estimates and receipts for work by the licensee subject to this | 12 | | Section.
The Secretary of State shall prescribe the specific | 13 | | format of this notice.
| 14 | | (g) Except as provided in subsection (h) hereof, licenses | 15 | | granted
under this Section shall expire by operation of law on | 16 | | December 31 of
the calendar year for which they are granted | 17 | | unless sooner revoked or
cancelled under the provisions of | 18 | | Section 5-501 of this Chapter.
| 19 | | (h) Any license granted under this Section may be renewed | 20 | | upon
application and payment of the fee required herein as in | 21 | | the case of an
original license, provided, however, that in | 22 | | case an application for the
renewal of an effective license is | 23 | | made during the month of December,
such effective license shall | 24 | | remain in force until such application is
granted or denied by | 25 | | the Secretary of State.
| 26 | | (i) All automotive
repairers and
rebuilders shall, in |
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| 1 | | addition to the requirements of subsections (a)
through
(h) of | 2 | | this Section, meet the following licensing requirements:
| 3 | | 1. Provide proof that the property on which first time
| 4 | | applicants plan to
do business is in compliance with local | 5 | | zoning laws and regulations, and
a listing of zoning | 6 | | classification;
| 7 | | 2. Provide proof that the applicant for a repairer's
| 8 | | license complies
with the proper workers' compensation | 9 | | rate code or classification, and
listing the code of | 10 | | classification for that industry;
| 11 | | 3. Provide proof that the applicant for a rebuilder's
| 12 | | license complies
with the proper workers' compensation | 13 | | rate code or classification for the
repair industry or the | 14 | | auto parts recycling industry and listing the code
of | 15 | | classification;
| 16 | | 4. Provide proof that the applicant has obtained or
| 17 | | applied for a
hazardous waste generator number, and listing | 18 | | the actual number if
available or certificate of exemption;
| 19 | | 5. Provide proof that applicant has proper liability
| 20 | | insurance, and
listing the name of the insurer and the | 21 | | policy number; and
| 22 | | 6. Provide proof that the applicant has obtained or
| 23 | | applied for the proper
State sales tax classification and | 24 | | federal identification tax number, and
listing the actual | 25 | | numbers if available.
| 26 | | (i-1) All automotive repairers shall provide proof that |
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| 1 | | they comply with all requirements of the Automotive Collision | 2 | | Repair Act.
| 3 | | (j) All automotive
parts
recyclers shall, in addition to | 4 | | the requirements of subsections (a) through
(h) of this | 5 | | Section, meet the following licensing requirements:
| 6 | | 1. A statement that the applicant purchases 5 vehicles
| 7 | | per year or has 5
hulks or chassis in stock;
| 8 | | 2. Provide proof that the property on which all first
| 9 | | time applicants will
do business does comply to the proper | 10 | | local zoning laws in existence, and
a listing of zoning | 11 | | classifications;
| 12 | | 3. Provide proof that applicant complies with the
| 13 | | proper workers'
compensation rate code or classification, | 14 | | and listing the code of
classification; and
| 15 | | 4. Provide proof that applicant has obtained or
applied | 16 | | for the proper
State sales tax classification and federal | 17 | | identification tax number, and
listing the actual numbers | 18 | | if available.
| 19 | | (Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13.)
| 20 | | (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
| 21 | | Sec. 5-401.3. Scrap processors required to keep records. | 22 | | (a) Every person licensed or required to be licensed as a | 23 | | scrap processor
pursuant to Section 5-301 of this Chapter shall | 24 | | maintain for 3 years, at
his established place of business, the | 25 | | following records relating to the
acquisition of recyclable |
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| 1 | | metals or the acquisition of a vehicle, junk vehicle, or | 2 | | vehicle cowl which has been
acquired for the purpose of | 3 | | processing into a form other than a vehicle,
junk vehicle or | 4 | | vehicle cowl which is possessed in the State or brought
into | 5 | | this State from another state, territory or country.
No scrap | 6 | | metal processor shall sell a vehicle or essential part, as | 7 | | such,
except for engines, transmissions, and powertrains, | 8 | | unless licensed to do so
under another provision of this Code. | 9 | | A scrap processor who is additionally
licensed as an automotive | 10 | | parts recycler shall not be subject to the record
keeping | 11 | | requirements for a scrap processor
when acting as an automotive | 12 | | parts
recycler.
| 13 | | (1) For a vehicle, junk vehicle, or vehicle cowl | 14 | | acquired from a person
who is licensed under this Chapter, | 15 | | the scrap processor shall record the
name and address of | 16 | | the person, and the Illinois or out-of-state dealer
license | 17 | | number of such person on the scrap processor's
weight | 18 | | ticket at the
time of the acquisition. The person disposing | 19 | | of the vehicle, junk vehicle,
or vehicle cowl shall furnish | 20 | | the scrap processor with documentary proof of
ownership of | 21 | | the vehicle, junk vehicle, or vehicle cowl in one of the
| 22 | | following forms: a Certificate of Title, a Salvage | 23 | | Certificate, or a Junking
Certificate , a Secretary of State | 24 | | Junking Manifest, a Uniform Invoice, a
Certificate of | 25 | | Purchase, or other similar documentary proof of ownership .
| 26 | | The scrap processor shall not acquire a vehicle, junk |
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| 1 | | vehicle or vehicle
cowl without obtaining one of the | 2 | | aforementioned documentary proofs of ownership.
| 3 | | (2) For a vehicle, junk vehicle or vehicle cowl | 4 | | acquired from a person
who is not licensed under this | 5 | | Chapter, the scrap processor
shall verify
and record that | 6 | | person's identity by recording the identification of such
| 7 | | person from at least 2 sources of identification, one of | 8 | | which shall be a
driver's license or State Identification | 9 | | Card, on the scrap processor's
weight ticket at the time of | 10 | | the acquisition. The person
disposing of the vehicle, junk | 11 | | vehicle, or vehicle cowl shall furnish the
scrap processor | 12 | | with documentary proof of ownership of the vehicle, junk
| 13 | | vehicle, or vehicle cowl in one of the following forms: a | 14 | | Certificate of
Title, a Salvage Certificate, or a Junking | 15 | | Certificate , a Secretary of State
Junking Manifest, a | 16 | | Certificate of Purchase, or other similar documentary
| 17 | | proof of ownership . The scrap processor shall not acquire a | 18 | | vehicle, junk
vehicle or vehicle cowl without obtaining one | 19 | | of the aforementioned
documentary proofs of ownership.
| 20 | | (3) In addition to the other information required on | 21 | | the scrap processor's
weight ticket, a scrap processor who | 22 | | at the time of acquisition of a
vehicle, junk vehicle, or | 23 | | vehicle cowl is furnished a Certificate of Title,
a Salvage | 24 | | Certificate , or a Junking Certificate Certificate of | 25 | | Purchase shall record the Vehicle
Identification Number on | 26 | | the weight ticket or affix a copy of the
Certificate of |
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| 1 | | Title, Salvage Certificate , or Junking Certificate | 2 | | Certificate of Purchase to the
weight ticket and the | 3 | | identification of the person acquiring the
information on | 4 | | the behalf of the scrap processor.
| 5 | | (4) The scrap processor
shall maintain a copy of a Junk | 6 | | Vehicle
Notification relating to any Certificate
of Title, | 7 | | Salvage Certificate , or Junking Certificate , Certificate | 8 | | of Purchase or similarly
acceptable out-of-state document | 9 | | surrendered to the Secretary of State
pursuant to the | 10 | | provisions of Section 3-117.2 of this Code.
| 11 | | (5) For recyclable metals valued at $100 or more, the | 12 | | scrap processor shall, for each transaction, record the | 13 | | identity of the person from whom the recyclable metals were | 14 | | acquired by verifying the identification of that person | 15 | | from one source of identification, which shall be a valid | 16 | | driver's license or State Identification Card, on the scrap | 17 | | processor's weight ticket at the time of the acquisition | 18 | | and by making and recording a photocopy or electronic scan | 19 | | of the driver's license or State Identification Card. Such | 20 | | information shall be available for inspection by any law | 21 | | enforcement official. If the person delivering the | 22 | | recyclable metal does not have a valid driver's license or | 23 | | State Identification Card, the scrap processor shall not | 24 | | complete the transaction. The inspection of records | 25 | | pertaining only to recyclable metals shall not be counted | 26 | | as an inspection of a premises for purposes of subparagraph |
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| 1 | | (7) of Section 5-403 of this Code.
| 2 | | This subdivision (a)(5) does not apply to
electrical | 3 | | contractors, to agencies or instrumentalities of the State | 4 | | of
Illinois or of the United States, to common carriers, to | 5 | | purchases from
persons, firms, or corporations regularly | 6 | | engaged in the business of
manufacturing recyclable metal, | 7 | | in the business of selling recyclable metal at retail or
| 8 | | wholesale, or in the business of razing, demolishing, | 9 | | destroying, or removing
buildings, to the purchase by one | 10 | | recyclable metal dealer from another, or the
purchase from | 11 | | persons, firms, or corporations engaged in either the
| 12 | | generation, transmission, or distribution of electric | 13 | | energy or in
telephone, telegraph, and other | 14 | | communications if such common carriers,
persons, firms, or | 15 | | corporations at the time of the purchase provide the | 16 | | recyclable metal
dealer with a bill of sale or other | 17 | | written evidence of title to the recyclable metal. This | 18 | | subdivision (a)(5) also does not apply to contractual | 19 | | arrangements between dealers.
| 20 | | (b) Any licensee who knowingly fails to record any of the | 21 | | specific
information required to be recorded on the weight | 22 | | ticket required under any other subsection of this Section, or | 23 | | Section 5-401 of this Code, or who knowingly
fails to acquire | 24 | | and maintain for 3 years documentary proof of ownership in
one | 25 | | of the prescribed forms shall be guilty of a Class A | 26 | | misdemeanor and
subject to suspension of his or her license for |
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| 1 | | a period of up to 5 years a fine not to exceed $1,000 . Each | 2 | | violation shall constitute a
separate and distinct offense and | 3 | | a separate count may be brought in the
same complaint for each | 4 | | violation. Any licensee who commits a second
violation of this | 5 | | Section within two years of a previous conviction of a
| 6 | | violation of this Section shall be guilty of a Class 4 felony.
| 7 | | (c) It shall be an affirmative defense to an offense | 8 | | brought under
paragraph (b) of this Section that the licensee | 9 | | or person required to be
licensed both reasonably and in good | 10 | | faith relied on information appearing
on a Certificate of | 11 | | Title, a Salvage Certificate, or a Junking Certificate , a
| 12 | | Secretary of State Manifest, a Secretary of State's Uniform | 13 | | Invoice, a
Certificate of Purchase, or other documentary proof | 14 | | of ownership prepared
under Section 3-117.1(a) of this Code, | 15 | | relating to the transaction for
which the required record was | 16 | | not kept which was supplied to the licensee
by another licensee | 17 | | or an out-of-state dealer .
| 18 | | (d) No later than 15 days prior to going out of business, | 19 | | selling the
business, or transferring the ownership of the | 20 | | business, the scrap
processor shall notify the Secretary of | 21 | | that fact. Failure to so notify
the Secretary of State shall | 22 | | constitute a failure to keep
records under this Section.
| 23 | | (e) (Blank). Evidence derived directly or indirectly from | 24 | | the keeping of records
required to be kept under this Section | 25 | | shall not be admissible in a
prosecution of the licensee for an | 26 | | alleged violation of Section 4-102(a)(3) of this Code.
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| 1 | | (f) Any scrap processor who finds a nonconforming vehicle | 2 | | identification number on any documentary proof of ownership of | 3 | | a vehicle, junk vehicle, or vehicle cowl provided by the person | 4 | | attempting to dispose of that item shall report the offense to | 5 | | the Secretary of State, including the name of the person | 6 | | attempting to dispose of the vehicle, junk vehicle, or vehicle | 7 | | cowl, the actual vehicle identification number, the | 8 | | nonconforming vehicle number, the vehicle license plate | 9 | | number, a copy of the document used, and the license number of | 10 | | the person or persons involved in the attempted transaction. | 11 | | Any person licensed as a scrap processor under Section 5-301 | 12 | | who is found to be in violation of this subsection or any | 13 | | licensed entity found in violation of this subsection shall be | 14 | | subject to suspension of his, her, or its license for a period | 15 | | of up to 5 years. Any person in violation of this subsection | 16 | | shall be guilty of a Class 2 felony. | 17 | | (Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
| 18 | | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
| 19 | | Sec. 5-402.1. Use of Secretary of State Uniform Invoice for | 20 | | Essential
Parts.
| 21 | | (a) Except for scrap processors, every person licensed or | 22 | | required
to be licensed under Section 5-101, 5-101.1, 5-102 or | 23 | | 5-301 of this Code
shall
issue, in a form the Secretary of | 24 | | State may by rule or regulation
prescribe, a Uniform Invoice, | 25 | | which may also act as a bill of sale, made
out in triplicate |
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| 1 | | with respect to each transaction in which he disposes of
an | 2 | | essential part other than quarter panels and transmissions of | 3 | | vehicles
of the first division. Such Invoice shall be made out | 4 | | at the time of the
disposition of the essential part. If the | 5 | | licensee disposes of several
essential parts in the same | 6 | | transaction, the licensee may issue one Uniform
Invoice | 7 | | covering all essential parts disposed of in that transaction.
| 8 | | (b) The following information shall be contained on the | 9 | | Uniform Invoice:
| 10 | | (1) the business name, address and dealer license | 11 | | number of the person
disposing of the essential part;
| 12 | | (2) the name and address of the person acquiring the | 13 | | essential part,
and if that person is a dealer, the | 14 | | Illinois or out-of-state dealer license
number of that | 15 | | dealer;
| 16 | | (3) the date of the disposition of the essential part;
| 17 | | (4) the year, make, model, color and description of | 18 | | each essential part
disposed of by the person;
| 19 | | (5) the manufacturer's vehicle identification number, | 20 | | Secretary of State
identification
number or Illinois | 21 | | Department of State Police identification number,
for each | 22 | | essential
part disposed of by the person;
| 23 | | (6) the printed name and legible signature of the | 24 | | person or agent disposing of the
essential part; and
| 25 | | (7) if the person is a dealer the printed name and | 26 | | legible
signature of the dealer or his agent or employee |
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| 1 | | accepting
delivery of
the essential part.
| 2 | | (c) Except for scrap processors, and except as set forth in | 3 | | subsection
(d) of this Section, whenever a person licensed or
| 4 | | required to be licensed by Section
5-101, 5-101.1, 5-102, or | 5 | | 5-301 accepts delivery of an essential
part, other than quarter | 6 | | panels and transmissions of vehicles of the
first division, | 7 | | that person shall, at the time of the acceptance or
delivery, | 8 | | comply
with the following procedures:
| 9 | | (1) Before acquiring or accepting delivery of any
| 10 | | essential part, the licensee or
his authorized agent or | 11 | | employee shall inspect the part to determine
whether the | 12 | | vehicle identification number, Secretary of State
| 13 | | identification number, Illinois Department of State Police
| 14 | | identification number, or identification plate or sticker | 15 | | attached to or
stamped on any part being acquired or | 16 | | delivered has been removed,
falsified, altered, defaced, | 17 | | destroyed, or tampered with. If the licensee
or his agent | 18 | | or employee determines that the vehicle identification | 19 | | number,
Secretary of State identification number, Illinois | 20 | | Department of State
Police identification number, | 21 | | identification plate or identification
sticker containing | 22 | | an identification number, or Federal Certificate label
of | 23 | | an essential part has been removed, falsified, altered, | 24 | | defaced,
destroyed or tampered with, the licensee or agent | 25 | | shall not accept or receive
that part.
| 26 | | If that part was physically acquired by or delivered to |
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| 1 | | a licensee or
his agent or employee while that licensee, | 2 | | agent or employee was outside
this State, that licensee or | 3 | | agent or employee shall not bring that
essential part into | 4 | | this State or cause it to be brought into this State.
| 5 | | (2) If the person disposing of or delivering the | 6 | | essential part to
the licensee is a licensed in-state or | 7 | | out-of-state dealer, the licensee or
his agent or employee, | 8 | | after inspecting the essential part as required by
| 9 | | paragraph (1) of this subsection (c), shall examine the | 10 | | Uniform Invoice, or
bill of sale, as the case may be, to | 11 | | ensure that it contains all the
information required to be | 12 | | provided by persons disposing
of essential parts as set | 13 | | forth in subsection (b) of this Section. If the
Uniform | 14 | | Invoice or bill of sale does not contain all the | 15 | | information
required to be listed by subsection (b) of this | 16 | | Section, the dealer
disposing of or delivering such part or | 17 | | his agent or employee shall record
such additional | 18 | | information or other needed modifications on the Uniform
| 19 | | Invoice or bill of sale or, if needed, an attachment | 20 | | thereto. The dealer
or his agent or employee delivering the | 21 | | essential part shall initial all
additions or | 22 | | modifications to the Uniform Invoice or bill of sale and
| 23 | | legibly print his name at the bottom of each document | 24 | | containing his
initials. If the transaction involves a bill | 25 | | of sale rather
than a Uniform Invoice, the licensee or his | 26 | | agent or employee accepting
delivery of or acquiring the |
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| 1 | | essential part shall affix his printed name
and legible | 2 | | signature on the space on the bill of sale provided for his
| 3 | | signature or, if no space is provided, on the back of the | 4 | | bill of sale.
If the dealer or his agent or
employee | 5 | | disposing of or delivering the essential part cannot or | 6 | | does
not provide all the information required by
subsection | 7 | | (b) of this Section, the licensee or his agent or employee | 8 | | shall
not accept or receive any essential part for which | 9 | | that required
information is not provided. If such | 10 | | essential part for which the
information required is not | 11 | | fully provided was physically acquired while
the licensee | 12 | | or his agent or employee was outside this State, the | 13 | | licensee
or his agent or employee shall not bring that | 14 | | essential part into this
State or cause it to be brought | 15 | | into this State.
| 16 | | (3) If the person disposing of the essential part is | 17 | | not a licensed
dealer, the licensee or his agent or | 18 | | employee shall, after inspecting the
essential part as | 19 | | required by paragraph (1) of subsection (c) of this
Section | 20 | | verify the identity of the person disposing of
the | 21 | | essential part
by examining 2 sources of identification, | 22 | | one of which shall be either a
driver's license or state | 23 | | identification card. The licensee or his agent
or employee | 24 | | shall then prepare a Uniform Invoice listing all the
| 25 | | information required to be provided by subsection (b) of | 26 | | this Section. In
the space on the Uniform Invoice provided |
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| 1 | | for the dealer license number of
the person disposing of | 2 | | the part, the licensee or his agent or employee
shall list | 3 | | the numbers taken from the documents of identification | 4 | | provided
by the person disposing of the part. The person
| 5 | | disposing of the part
shall affix his printed name and | 6 | | legible signature on the space on the
Uniform Invoice | 7 | | provided for the person disposing of the
essential part and
| 8 | | the licensee or his agent or employee acquiring the part | 9 | | shall affix his
printed name and legible signature on the | 10 | | space provided on the Uniform
Invoice for the person | 11 | | acquiring the essential part. If the person
disposing of | 12 | | the essential part cannot or does not provide all the
| 13 | | information required to be provided by this paragraph, or | 14 | | does not present
2 satisfactory forms of identification, | 15 | | the licensee or his agent or
employee shall not acquire | 16 | | that essential part.
| 17 | | (d) If an essential part other than quarter panels and
| 18 | | transmissions of vehicles of the first division was delivered | 19 | | by a licensed commercial
delivery service delivering such part | 20 | | on behalf of a licensed dealer, the
person required to comply | 21 | | with subsection (c) of this Section may conduct
the inspection | 22 | | of that part required by paragraph (1) of subsection (c) and | 23 | | examination
of the Uniform Invoice or bill of sale required by | 24 | | paragraph (2) of subsection (c) of
this Section immediately | 25 | | after the acceptance of the part.
| 26 | | (1) If the inspection of the essential part pursuant to |
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| 1 | | paragraph (1) of subsection
(c) reveals that the vehicle | 2 | | identification number, Secretary of State
identification | 3 | | number, Illinois Department of State Police identification
| 4 | | number, identification plate or sticker containing an | 5 | | identification
number, or Federal Certificate label of an | 6 | | essential part has been removed,
falsified, altered, | 7 | | defaced, destroyed or tampered with, the licensee or
his | 8 | | agent shall immediately record such fact on the Uniform | 9 | | Invoice or bill
of sale, assign the part an inventory or | 10 | | stock number, place such inventory
or stock number on both | 11 | | the essential part and the Uniform Invoice or bill
of sale, | 12 | | and record the date of the inspection of the part on the | 13 | | Uniform
Invoice or bill of sale.
The licensee shall, within | 14 | | 7 days of such inspection, return such part to
the dealer | 15 | | from whom it was acquired.
| 16 | | (2) If the examination of the Uniform Invoice or bill | 17 | | of sale pursuant
to paragraph (2) of subsection (c) reveals | 18 | | that any of the information required to be
listed by | 19 | | subsection (b) of this Section is missing, the licensee or | 20 | | person
required to be licensed shall immediately assign a | 21 | | stock or inventory
number to such part, place such stock or | 22 | | inventory number on both the
essential part and the Uniform | 23 | | Invoice or bill of sale, and record the date
of examination | 24 | | on the Uniform Invoice or bill of sale. The licensee or
| 25 | | person required to be licensed shall acquire the | 26 | | information missing from
the Uniform Invoice or bill of |
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| 1 | | sale within 7 days of the examination of
such Uniform | 2 | | Invoice or bill of sale. Such information may be received | 3 | | by
telephone conversation with the dealer from whom the | 4 | | part was acquired. If
the dealer provides the missing | 5 | | information the licensee shall record such
information on | 6 | | the Uniform Invoice or bill of sale along with the name of
| 7 | | the person providing the information. If the dealer does | 8 | | not provide the
required information within the | 9 | | aforementioned 7 day period, the licensee
shall return the | 10 | | part to that dealer.
| 11 | | (e) Except for scrap processors, all persons licensed or | 12 | | required to
be licensed who acquire or
dispose of essential | 13 | | parts other than quarter panels and transmissions of
vehicles | 14 | | of the first division shall retain a copy of the Uniform | 15 | | Invoice
required to be made by subsections (a), (b) and (c) of | 16 | | this Section for a
period of 3 years.
| 17 | | (f) Except for scrap processors, any person licensed or | 18 | | required to
be licensed under Sections 5-101,
5-102 or 5-301 | 19 | | who knowingly fails to record on a Uniform Invoice any of the
| 20 | | information or entries required to be recorded by subsections | 21 | | (a), (b) and
(c) of this Section, or who knowingly places false | 22 | | entries or other misleading
information on such Uniform | 23 | | Invoice, or who knowingly fails to retain for 3 years a
copy of | 24 | | a Uniform Invoice reflecting transactions required to be | 25 | | recorded
by subsections (a), (b) and (c) of this Section, or | 26 | | who knowingly acquires or
disposes of essential parts without |
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| 1 | | receiving, issuing, or executing a
Uniform Invoice reflecting | 2 | | that transaction as required by subsections (a),
(b) and (c) of | 3 | | this Section, or who brings or causes to be brought into
this | 4 | | State essential parts for which the information required to be
| 5 | | recorded on a Uniform Invoice is not recorded as prohibited by | 6 | | subsection
(c) of this Section, or who knowingly fails to | 7 | | comply with the provisions of
this
Section in any other manner | 8 | | shall be guilty of a Class 2 felony. Each
violation shall | 9 | | constitute a separate and distinct offense and a separate
count | 10 | | may be brought in the same indictment or information for each
| 11 | | essential part for which a record was not kept as required by | 12 | | this Section
or for which the person failed to comply with | 13 | | other provisions of this
Section.
| 14 | | (g) The records required to be kept by this Section
may be | 15 | | examined by a person or persons making a lawful
inspection of | 16 | | the licensee's premises pursuant to Section 5-403.
| 17 | | (h) The records required to be kept by this Section shall | 18 | | be retained by
the licensee at his principal place of business | 19 | | for a period of 7 years.
| 20 | | (i) (Blank). The requirements of this Section shall not | 21 | | apply to the disposition
of an essential part other than a cowl | 22 | | which has been damaged or altered to
a state in which it can no | 23 | | longer be returned to a usable condition and
which is being | 24 | | sold or transferred to a scrap processor or for delivery to
a | 25 | | scrap processor.
| 26 | | (j) Scrap processors shall, under no circumstances, be |
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| 1 | | permitted to use the Uniform Invoice for any purpose under this | 2 | | Chapter. Any person found in violation of this subsection (j) | 3 | | shall be guilty of a Class 2 felony. | 4 | | (Source: P.A. 91-415, eff. 1-1-00.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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