Full Text of SB0512 100th General Assembly
SB0512sam001 100TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 3/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 512
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 512 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 and 5-503 and by adding Section 5-501.5 | 6 | | as follows:
| 7 | | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| 8 | | Sec. 5-301. Automotive parts recyclers, scrap processors, | 9 | | repairers and
rebuilders must be licensed. | 10 | | (a) No person in this State shall, except as an incident to
| 11 | | the servicing of vehicles, carry on or conduct the business
of | 12 | | an automotive parts recycler, a scrap processor, a repairer,
or | 13 | | a rebuilder, unless licensed to do so in writing by the | 14 | | Secretary of
State under this Section. No person shall rebuild | 15 | | a salvage vehicle
unless such person is licensed as a rebuilder | 16 | | by the Secretary of State
under this Section. No person shall |
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| 1 | | engage in the business of acquiring 5 or more previously owned | 2 | | vehicles in one calendar year for the primary purpose of | 3 | | disposing of those vehicles in the manner described in the | 4 | | definition of a "scrap processor" in this Code unless the | 5 | | person is licensed as an automotive parts recycler by the | 6 | | Secretary of State under this Section. Each license shall be | 7 | | applied for and issued
separately, except that a license issued | 8 | | to a new vehicle dealer under
Section 5-101 of this Code shall | 9 | | also be deemed to be a repairer license.
| 10 | | (b) Any application filed with the Secretary of State, | 11 | | shall be duly
verified by oath, in such form as the Secretary | 12 | | of State may by rule or
regulation prescribe and shall contain:
| 13 | | 1. The name and type of business organization of the | 14 | | applicant and
his principal or additional places of | 15 | | business, if any, in this State.
| 16 | | 2. The kind or kinds of business enumerated in | 17 | | subsection (a) of
this Section to be conducted at each | 18 | | location.
| 19 | | 3. If the applicant is a corporation, a list of its | 20 | | officers,
directors, and shareholders having a ten percent | 21 | | or greater ownership
interest in the corporation, setting | 22 | | forth the residence address of each;
if the applicant is a | 23 | | sole proprietorship, a partnership, an unincorporated
| 24 | | association, a trust, or any similar form of business | 25 | | organization, the
names and residence address of the | 26 | | proprietor or of each partner, member,
officer, director, |
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| 1 | | trustee or manager.
| 2 | | 4. A statement that the applicant's officers, | 3 | | directors, shareholders
having a ten percent or greater | 4 | | ownership interest therein, proprietor,
partner, member, | 5 | | officer, director, trustee, manager, or other principals
| 6 | | in the business have not committed in the past three years | 7 | | any one
violation as determined in any civil or criminal or | 8 | | administrative
proceedings of any one of the following | 9 | | Acts:
| 10 | | (a) The Anti-Theft Laws of the Illinois Vehicle | 11 | | Code;
| 12 | | (b) The "Certificate of Title Laws" of the Illinois | 13 | | Vehicle Code;
| 14 | | (c) The "Offenses against Registration and | 15 | | Certificates of Title Laws"
of the Illinois Vehicle | 16 | | Code;
| 17 | | (d) The "Dealers, Transporters, Wreckers and | 18 | | Rebuilders Laws" of the
Illinois Vehicle Code;
| 19 | | (e) Section 21-2 of the Criminal Code of 1961 or | 20 | | the Criminal Code of 2012, Criminal Trespass to
| 21 | | Vehicles; or
| 22 | | (f) The Retailers Occupation Tax Act.
| 23 | | 5. A statement that the applicant's officers, | 24 | | directors, shareholders
having a ten percent or greater | 25 | | ownership interest therein, proprietor,
partner, member, | 26 | | officer, director, trustee, manager or other principals
in |
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| 1 | | the business have not committed in any calendar year 3 or | 2 | | more
violations, as determined in any civil or criminal or | 3 | | administrative
proceedings, of any one or more of the | 4 | | following Acts:
| 5 | | (a) The Consumer Finance Act;
| 6 | | (b) The Consumer Installment Loan Act;
| 7 | | (c) The Retail Installment Sales Act;
| 8 | | (d) The Motor Vehicle Retail Installment Sales | 9 | | Act;
| 10 | | (e) The Interest Act;
| 11 | | (f) The Illinois Wage Assignment Act;
| 12 | | (g) Part 8 of Article XII of the Code of Civil | 13 | | Procedure; or
| 14 | | (h) The Consumer Fraud Act.
| 15 | | 6. An application for a license shall be accompanied by | 16 | | the
following fees:
$50 for applicant's established place | 17 | | of business;
$25 for each
additional place of business, if | 18 | | any, to which the application pertains;
provided, however, | 19 | | that if such an application is made after June 15 of
any | 20 | | year, the license fee shall be $25 for applicant's | 21 | | established
place
of business plus $12.50 for each | 22 | | additional place of business, if
any,
to which the | 23 | | application pertains. License fees shall be returnable | 24 | | only
in the event that such application shall be denied by | 25 | | the Secretary of
State.
| 26 | | 7. A statement that the applicant understands Chapter 1 |
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| 1 | | through
Chapter 5 of this Code.
| 2 | | 8. A statement that the applicant shall comply with
| 3 | | subsection (e)
of this Section.
| 4 | | (c) Any change which renders no longer accurate any | 5 | | information
contained in any application for a license filed | 6 | | with the Secretary of
State shall be amended within 30 days | 7 | | after the occurrence of such
change on such form as the | 8 | | Secretary of State may prescribe by rule or
regulation, | 9 | | accompanied by an amendatory fee of $2.
| 10 | | (d) Anything in this chapter to the contrary, | 11 | | notwithstanding, no
person shall be licensed under this Section | 12 | | unless such person shall
maintain an established place of | 13 | | business as defined in this Chapter.
| 14 | | (e) 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 original license
as applied for | 21 | | in writing for his established place of business and a
| 22 | | supplemental license in writing for each additional place of
| 23 | | business in such form as he may prescribe by rule or regulation | 24 | | which shall
include the following:
| 25 | | 1. The name of the person licensed;
| 26 | | 2. If a corporation, the name and address of its |
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| 1 | | officers or if a
sole proprietorship, a partnership, an | 2 | | unincorporated association or any
similar form of business | 3 | | organization, the name and address of the
proprietor or of | 4 | | each partner, member, officer, director, trustee or | 5 | | manager;
| 6 | | 3. A designation of the kind or kinds of business | 7 | | enumerated in
subsection (a) of this Section to be | 8 | | conducted at each location;
| 9 | | 4. In the case of an original license, the established | 10 | | place of
business of the licensee;
| 11 | | 5. In the case of a supplemental license, the | 12 | | established place of
business of the licensee and the | 13 | | additional place of business to which such
supplemental | 14 | | license pertains.
| 15 | | (f) The appropriate instrument evidencing the license or a | 16 | | certified
copy thereof, provided by the Secretary of State | 17 | | shall be kept, posted,
conspicuously in the established place | 18 | | of business of the
licensee and in each additional place of | 19 | | business, if any, maintained by
such licensee. The licensee | 20 | | also shall post conspicuously in the
established place of | 21 | | business and in each additional place of business a
notice | 22 | | which states that such business is required to be licensed by | 23 | | the
Secretary of State under Section 5-301, and which provides | 24 | | the license
number of the business and the license expiration | 25 | | date. This notice also
shall advise the consumer that any | 26 | | complaints as to the quality of service
may be brought to the |
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| 1 | | attention of the Attorney General. The information
required on | 2 | | this notice also shall be printed conspicuously on all
| 3 | | estimates and receipts for work by the licensee subject to this | 4 | | Section.
The Secretary of State shall prescribe the specific | 5 | | format of this notice.
| 6 | | (g) Except as provided in subsection (h) hereof, licenses | 7 | | granted
under this Section shall expire by operation of law on | 8 | | December 31 of
the calendar year for which they are granted | 9 | | unless sooner revoked or
cancelled under the provisions of | 10 | | Section 5-501 or 5-501.5 of this Chapter.
| 11 | | (h) Any license granted under this Section may be renewed | 12 | | upon
application and payment of the fee required herein as in | 13 | | the case of an
original license, provided, however, that in | 14 | | case an application for the
renewal of an effective license is | 15 | | made during the month of December,
such effective license shall | 16 | | remain in force until such application is
granted or denied by | 17 | | the Secretary of State.
| 18 | | (i) All automotive
repairers and
rebuilders shall, in | 19 | | addition to the requirements of subsections (a)
through
(h) of | 20 | | this Section, meet the following licensing requirements:
| 21 | | 1. Provide proof that the property on which first time
| 22 | | applicants plan to
do business is in compliance with local | 23 | | zoning laws and regulations, and
a listing of zoning | 24 | | classification;
| 25 | | 2. Provide proof that the applicant for a repairer's
| 26 | | license complies
with the proper workers' compensation |
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| 1 | | rate code or classification, and
listing the code of | 2 | | classification for that industry;
| 3 | | 3. Provide proof that the applicant for a rebuilder's
| 4 | | license complies
with the proper workers' compensation | 5 | | rate code or classification for the
repair industry or the | 6 | | auto parts recycling industry and listing the code
of | 7 | | classification;
| 8 | | 4. Provide proof that the applicant has obtained or
| 9 | | applied for a
hazardous waste generator number, and listing | 10 | | the actual number if
available or certificate of exemption;
| 11 | | 5. Provide proof that applicant has proper liability
| 12 | | insurance, and
listing the name of the insurer and the | 13 | | policy number; and
| 14 | | 6. Provide proof that the applicant has obtained or
| 15 | | applied for the proper
State sales tax classification and | 16 | | federal identification tax number, and
listing the actual | 17 | | numbers if available.
| 18 | | (i-1) All automotive repairers shall provide proof that | 19 | | they comply with all requirements of the Automotive Collision | 20 | | Repair Act.
| 21 | | (j) All automotive
parts
recyclers shall, in addition to | 22 | | the requirements of subsections (a) through
(h) of this | 23 | | Section, meet the following licensing requirements:
| 24 | | 1. Provide a statement that the applicant purchases 5 | 25 | | vehicles
per year or has 5
hulks or chassis in stock;
| 26 | | 2. Provide proof that the property on which all first
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| 1 | | time applicants will
do business does comply to the proper | 2 | | local zoning laws in existence, and
a listing of zoning | 3 | | classifications;
| 4 | | 3. Provide proof that applicant complies with the
| 5 | | proper workers'
compensation rate code or classification, | 6 | | and listing the code of
classification; and
| 7 | | 4. Provide proof that applicant has obtained or
applied | 8 | | for the proper
State sales tax classification and federal | 9 | | identification tax number, and
listing the actual numbers | 10 | | if available.
| 11 | | (Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13; | 12 | | 98-756, eff. 7-16-14.)
| 13 | | (625 ILCS 5/5-501.5 new) | 14 | | Sec. 5-501.5. License eligibility; fraud. | 15 | | (a) For purposes of this Section, a "automotive parts | 16 | | recycler, scrap processor, repairer, or rebuilder" includes | 17 | | any owners, operators, principals, shareholders, partners, or | 18 | | directors that have ownership interest or managerial authority | 19 | | in the business at the time the fraud or misconduct occurred. | 20 | | (b) Notwithstanding any other provision of law to the | 21 | | contrary, an automotive parts recycler, scrap processor, | 22 | | repairer, or rebuilder with a business license issued by a | 23 | | municipality that has been revoked due to fraud or misconduct | 24 | | committed against the municipality within 2 years preceding the | 25 | | effective date of this amendatory Act of the 100th General |
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| 1 | | Assembly or on or after the effective date of this amendatory | 2 | | Act of the 100th General Assembly shall not be eligible for a | 3 | | license or license renewal under Section 5-301 of this Code. | 4 | | (c) No later than 30 days after the effective date of this | 5 | | amendatory Act of the 100th General Assembly, a municipality | 6 | | that has revoked a business license under subsection (b) of | 7 | | this Section shall: | 8 | | (1) notify the former licensee that it is not eligible | 9 | | to conduct business in this State; and | 10 | | (2) notify any other municipality in which the former | 11 | | licensee is known to conduct business that the former | 12 | | licensee is not eligible to conduct business in this State. | 13 | | (d) No later than 30 days after receiving a notice required | 14 | | under subsection (c) of this Section, a municipality shall take | 15 | | all actions necessary to revoke or, if the business license is | 16 | | set to expire within a 30-day period of the notice, prohibit | 17 | | renewal of the licensee's business license. | 18 | | (e) An automotive parts recycler, scrap processor, | 19 | | repairer, or rebuilder shall be fined $10,000 for each day it | 20 | | conducts business in this State in violation of this Section. | 21 | | (f) No unit of local government, including a home rule | 22 | | unit, may regulate business licenses in a manner inconsistent | 23 | | with this Section. This subsection (f) is a limitation under | 24 | | subsection (i) of Section 6 of Article VII of the Illinois | 25 | | Constitution on the concurrent exercise by home rule units of | 26 | | powers and functions exercised by the State.
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| 1 | | (625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
| 2 | | Sec. 5-503.
Failure to obtain dealer's license, operation | 3 | | of a business
with a suspended or revoked license. (a) Any | 4 | | person operating a business
for which he is required to be | 5 | | licensed under Section 5-101, 5-102, 5-201
or 5-301 who fails | 6 | | to apply for such a license or licenses within 15 days
after | 7 | | being informed in writing by the Secretary of State that he | 8 | | must obtain
such a license or licenses is subject to a civil | 9 | | action brought by the
Secretary of State for operating a | 10 | | business without a license in the
circuit court in the county | 11 | | in which the business is located. If the
person is found to be | 12 | | in violation of Section 5-101, 5-102, 5-201 or 5-301
by | 13 | | carrying on a business without being properly licensed, that | 14 | | person
shall be fined $300 for each business day he conducted | 15 | | his business without
such a license after the expiration of the | 16 | | 15 day period specified in this
subsection (a).
| 17 | | (b) Any person who, having had his license or licenses | 18 | | issued under Section
5-101, 5-102, 5-201 or 5-301 suspended, | 19 | | revoked, cancelled or denied by the
Secretary of State under | 20 | | Section 5-501 or 5-501.5 of this Code , continues to operate | 21 | | business after
the effective date of such revocation, | 22 | | suspension, cancellation or denial
may be sued in a civil | 23 | | action by the Secretary of State in the county in
which the | 24 | | established or additional place of such business is located. If
| 25 | | such person is found by the court to have operated such a |
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| 1 | | business after
the license or licenses required for conducting | 2 | | such
business have been suspended, revoked, cancelled or | 3 | | denied, that person
shall be fined $500 for each day he | 4 | | conducted business thereafter.
| 5 | | (Source: P.A. 86-444.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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