Full Text of SB1934 101st General Assembly
SB1934eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 5-301 and 5-803 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 | | an automotive parts recycler, 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 | 17 | | vehicles in one calendar year for the primary purpose of | 18 | | disposing of those vehicles in the manner described in the | 19 | | definition of a "scrap processor" in this Code unless the | 20 | | person is licensed as an automotive parts recycler by the | 21 | | Secretary of State under this Section. No person shall engage | 22 | | in the act of dismantling, crushing, or altering a vehicle into | 23 | | another form using machinery or equipment unless licensed to do |
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| 1 | | so and only from the fixed location identified on the license | 2 | | issued by the Secretary. Each license shall be applied for and | 3 | | issued
separately, except that a license issued to a new | 4 | | vehicle dealer under
Section 5-101 of this Code shall also be | 5 | | deemed to be a repairer license.
| 6 | | (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 and shall contain:
| 9 | | 1. The name and type of business organization of the | 10 | | applicant and
his principal or additional places of | 11 | | business, if any, in this State.
| 12 | | 2. The kind or kinds of business enumerated in | 13 | | subsection (a) of
this Section to be conducted at each | 14 | | location.
| 15 | | 3. If the applicant is a corporation, a list of its | 16 | | officers,
directors, and shareholders having a ten percent | 17 | | or greater ownership
interest in the corporation, setting | 18 | | forth the residence address of each;
if the applicant is a | 19 | | sole proprietorship, a partnership, an unincorporated
| 20 | | association, a trust, or any similar form of business | 21 | | organization, the
names and residence address of the | 22 | | proprietor or of each partner, member,
officer, director, | 23 | | trustee or manager.
| 24 | | 4. A statement that the applicant's officers, | 25 | | directors, shareholders
having a ten percent or greater | 26 | | ownership interest therein, proprietor,
partner, member, |
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| 1 | | officer, director, trustee, manager, or other principals
| 2 | | in the business have not committed in the past three years | 3 | | any one
violation as determined in any civil or criminal or | 4 | | administrative
proceedings of any one of the following | 5 | | Acts:
| 6 | | (a) the Anti-Theft Laws of the Illinois Vehicle | 7 | | Code;
| 8 | | (b) the "Certificate of Title Laws" of the Illinois | 9 | | Vehicle Code;
| 10 | | (c) the "Offenses against Registration and | 11 | | Certificates of Title Laws"
of the Illinois Vehicle | 12 | | Code;
| 13 | | (d) the "Dealers, Transporters, Wreckers and | 14 | | Rebuilders Laws" of the
Illinois Vehicle Code;
| 15 | | (e) Section 21-2 of the Criminal Code of 1961 or | 16 | | the Criminal Code of 2012, Criminal Trespass to
| 17 | | Vehicles; or
| 18 | | (f) the Retailers Occupation Tax Act.
| 19 | | 5. A statement that the applicant's officers, | 20 | | directors, shareholders
having a ten percent or greater | 21 | | ownership interest therein, proprietor,
partner, member, | 22 | | officer, director, trustee, manager or other principals
in | 23 | | the business have not committed in any calendar year 3 or | 24 | | more
violations, as determined in any civil or criminal or | 25 | | administrative
proceedings, of any one or more of the | 26 | | following Acts:
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| 1 | | (a) the Consumer Finance Act;
| 2 | | (b) the Consumer Installment Loan Act;
| 3 | | (c) the Retail Installment Sales Act;
| 4 | | (d) the Motor Vehicle Retail Installment Sales | 5 | | Act;
| 6 | | (e) the Interest Act;
| 7 | | (f) the Illinois Wage Assignment Act;
| 8 | | (g) Part 8 of Article XII of the Code of Civil | 9 | | Procedure; or
| 10 | | (h) the Consumer Fraud Act.
| 11 | | 6. An application for a license shall be accompanied by | 12 | | the
following fees:
$50 for applicant's established place | 13 | | of business;
$25 for each
additional place of business, if | 14 | | any, to which the application pertains;
provided, however, | 15 | | that if such an application is made after June 15 of
any | 16 | | year, the license fee shall be $25 for applicant's | 17 | | established
place
of business plus $12.50 for each | 18 | | additional place of business, if
any,
to which the | 19 | | application pertains. License fees shall be returnable | 20 | | only
in the event that such application shall be denied by | 21 | | the Secretary of
State.
| 22 | | 7. A statement that the applicant understands Chapter 1 | 23 | | through
Chapter 5 of this Code.
| 24 | | 8. A statement that the applicant shall comply with
| 25 | | subsection (e)
of this Section. | 26 | | 9. A statement indicating if the applicant, including |
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| 1 | | any of the applicant's affiliates or predecessor | 2 | | corporations, has been subject to the revocation or | 3 | | nonrenewal of a business license by a municipality under | 4 | | Section 5-501.5 of this Code.
| 5 | | 10. The applicant's National Motor Vehicle Title | 6 | | Information System number and a statement of compliance if | 7 | | applicable. | 8 | | (c) Any change which renders no longer accurate any | 9 | | information
contained in any application for a license filed | 10 | | with the Secretary of
State shall be amended within 30 days | 11 | | after the occurrence of such
change on such form as the | 12 | | Secretary of State may prescribe by rule or
regulation, | 13 | | accompanied by an amendatory fee of $2.
| 14 | | (d) Anything in this Chapter to the contrary, | 15 | | notwithstanding, no
person shall be licensed under this Section | 16 | | unless such person shall
maintain an established place of | 17 | | business as defined in this Chapter.
| 18 | | (e) The Secretary of State shall within a reasonable time | 19 | | after
receipt thereof, examine an application submitted to him | 20 | | under this
Section and unless he makes a determination that the | 21 | | application
submitted to him does not conform with the | 22 | | requirements of this Section
or that grounds exist for a denial | 23 | | of the application, as prescribed in
Section 5-501 of this | 24 | | Chapter, grant the applicant an original license
as applied for | 25 | | in writing for his established place of business and a
| 26 | | supplemental license in writing for each additional place of
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| 1 | | business in such form as he may prescribe by rule or regulation | 2 | | which shall
include the following:
| 3 | | 1. the name of the person licensed;
| 4 | | 2. if a corporation, the name and address of its | 5 | | officers or if a
sole proprietorship, a partnership, an | 6 | | unincorporated association or any
similar form of business | 7 | | organization, the name and address of the
proprietor or of | 8 | | each partner, member, officer, director, trustee or | 9 | | manager;
| 10 | | 3. a designation of the kind or kinds of business | 11 | | enumerated in
subsection (a) of this Section to be | 12 | | conducted at each location;
| 13 | | 4. in the case of an original license, the established | 14 | | place of
business of the licensee;
| 15 | | 5. in the case of a supplemental license, the | 16 | | established place of
business of the licensee and the | 17 | | additional place of business to which such
supplemental | 18 | | license pertains.
| 19 | | (f) The appropriate instrument evidencing the license or a | 20 | | certified
copy thereof, provided by the Secretary of State | 21 | | shall be kept, posted,
conspicuously in the established place | 22 | | of business of the
licensee and in each additional place of | 23 | | business, if any, maintained by
such licensee. The licensee | 24 | | also shall post conspicuously in the
established place of | 25 | | business and in each additional place of business a
notice | 26 | | which states that such business is required to be licensed by |
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| 1 | | the
Secretary of State under Section 5-301, and which provides | 2 | | the license
number of the business and the license expiration | 3 | | date. This notice also
shall advise the consumer that any | 4 | | complaints as to the quality of service
may be brought to the | 5 | | attention of the Attorney General. The information
required on | 6 | | this notice also shall be printed conspicuously on all
| 7 | | estimates and receipts for work by the licensee subject to this | 8 | | Section.
The Secretary of State shall prescribe the specific | 9 | | format of this notice.
| 10 | | (g) Except as provided in subsection (h) hereof, licenses | 11 | | granted
under this Section shall expire by operation of law on | 12 | | December 31 of
the calendar year for which they are granted | 13 | | unless sooner revoked, nonrenewed, or
cancelled under the | 14 | | provisions of Section 5-501 or 5-501.5 of this Chapter.
| 15 | | (h) Any license granted under this Section may be renewed | 16 | | upon
application and payment of the fee required herein as in | 17 | | the case of an
original license, provided, however, that in | 18 | | case an application for the
renewal of an effective license is | 19 | | made during the month of December,
such effective license shall | 20 | | remain in force until such application is
granted or denied by | 21 | | the Secretary of State.
| 22 | | (i) All automotive
repairers and
rebuilders shall, in | 23 | | addition to the requirements of subsections (a)
through
(h) of | 24 | | this Section, meet the following licensing requirements:
| 25 | | 1. provide proof that the property on which first time
| 26 | | applicants plan to
do business is in compliance with local |
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| 1 | | zoning laws and regulations, and
a listing of zoning | 2 | | classification;
| 3 | | 2. provide proof that the applicant for a repairer's
| 4 | | license complies
with the proper workers' compensation | 5 | | rate code or classification, and
listing the code of | 6 | | classification for that industry;
| 7 | | 3. provide proof that the applicant for a rebuilder's
| 8 | | license complies
with the proper workers' compensation | 9 | | rate code or classification for the
repair industry or the | 10 | | auto parts recycling industry and listing the code
of | 11 | | classification;
| 12 | | 4. provide proof that the applicant has obtained or
| 13 | | applied for a
hazardous waste generator number, and listing | 14 | | the actual number if
available or certificate of exemption;
| 15 | | 5. provide proof that applicant has proper liability
| 16 | | insurance, and
listing the name of the insurer and the | 17 | | policy number; and
| 18 | | 6. provide proof that the applicant has obtained or
| 19 | | applied for the proper
State sales tax classification and | 20 | | federal identification tax number, and
listing the actual | 21 | | numbers if available.
| 22 | | (i-1) All automotive repairers shall provide proof that | 23 | | they comply with all requirements of the Automotive Collision | 24 | | Repair Act.
| 25 | | (j) All automotive
parts
recyclers shall, in addition to | 26 | | the requirements of subsections (a) through
(h) of this |
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| 1 | | Section, meet the following licensing requirements:
| 2 | | 1. provide a statement that the applicant purchases 5 | 3 | | vehicles
per year or has 5
hulks or chassis in stock;
| 4 | | 2. provide proof that the property on which all first
| 5 | | time applicants will
do business does comply to the proper | 6 | | local zoning laws in existence, and
a listing of zoning | 7 | | classifications;
| 8 | | 3. provide proof that applicant complies with the
| 9 | | proper workers'
compensation rate code or classification, | 10 | | and listing the code of
classification; and
| 11 | | 4. provide proof that applicant has obtained or
applied | 12 | | for the proper
State sales tax classification and federal | 13 | | identification tax number, and
listing the actual numbers | 14 | | if available.
| 15 | | (Source: P.A. 100-409, eff. 8-25-17.)
| 16 | | (625 ILCS 5/5-803) | 17 | | Sec. 5-803. Administrative penalties. Instead of filing a | 18 | | criminal complaint against a new or used vehicle dealer, or | 19 | | against any other entity licensed by the Secretary under this | 20 | | Code, or any other unlicensed entity acting in violation of | 21 | | this Code, a Secretary of State Police investigator may issue | 22 | | administrative citations for violations of any of the | 23 | | provisions of this Code or any administrative rule adopted by | 24 | | the Secretary under this Code. A party receiving a citation | 25 | | shall have the right to contest the citation in proceedings |
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| 1 | | before the Secretary of State Department of Administrative | 2 | | Hearings. Penalties imposed by issuance of an administrative | 3 | | citation shall not exceed $50 per violation. A penalty may not | 4 | | be imposed unless, during the course of a single investigation | 5 | | or upon review of the party's records, the party is found to | 6 | | have committed at least 3 separate violations of one or more of | 7 | | the provisions of this Code or any administrative rule adopted | 8 | | by the Secretary under this Code. Penalties paid as a result of | 9 | | the issuance of administrative citations shall be deposited in | 10 | | the Secretary of State Police Services Fund.
| 11 | | (Source: P.A. 97-838, eff. 7-20-12; 98-177, eff. 1-1-14.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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