Illinois General Assembly - Full Text of HB0106
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Full Text of HB0106  102nd General Assembly

HB0106 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0106

 

Introduced 1/14/2021, by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/5-401.2  from Ch. 95 1/2, par. 5-401.2

    Amends the Illinois Vehicle Code. Provides that licensed dealers, financing affiliates, parts recyclers, scrap processors, repairers, rebuilders, and out-of-state salvage vehicle buyers shall retain records relating to the acquisition or disposition of tire rims and catalytic converters, including the date of the acquisition of each tire rim or catalytic converter and the name and address of the person from whom the tire rim or catalytic converter was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person. Provides that, if the tire rim or catalytic converter being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least 2 sources of identification, one of which shall be a driver's license or State identification card.


LRB102 03976 HEP 13992 b

 

 

A BILL FOR

 

HB0106LRB102 03976 HEP 13992 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 5-401.2 as follows:
 
6    (625 ILCS 5/5-401.2)  (from Ch. 95 1/2, par. 5-401.2)
7    Sec. 5-401.2. Licensees required to keep records and make
8inspections.
9    (a) Every person licensed or required to be licensed under
10Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or
115-302 of this Code, shall, with the exception of scrap
12processors, maintain for 3 years, in a form as the Secretary of
13State may by rule or regulation prescribe, at his established
14place of business, additional place of business, or principal
15place of business if licensed under Section 5-302, the
16following records relating to the acquisition or disposition
17of vehicles, and their essential parts, tire rims, and
18catalytic converters possessed in this State, brought into
19this State from another state, territory or country, or sold
20or transferred to another person in this State or in another
21state, territory, or country.
22        (1) The following records pertaining to new or used
23    vehicles shall be kept:

 

 

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1            (A) the year, make, model, style and color of the
2        vehicle;
3            (B) the vehicle's manufacturer's identification
4        number or, if applicable, the Secretary of State or
5        Illinois Department of State Police identification
6        number;
7            (C) the date of acquisition of the vehicle;
8            (D) the name and address of the person from whom
9        the vehicle was acquired and, if that person is a
10        dealer, the Illinois or out-of-state dealer license
11        number of such person;
12            (E) the signature of the person making the
13        inspection of a used vehicle as required under
14        subsection (d) of this Section, if applicable;
15            (F) the purchase price of the vehicle, if
16        applicable;
17            (G) the date of the disposition of the vehicle;
18            (H) the name and address of the person to whom any
19        vehicle was disposed, and if that person is a dealer,
20        the Illinois or out-of-State dealer's license number
21        of that dealer;
22            (I) the uniform invoice number reflecting the
23        disposition of the vehicle, if applicable; and
24            (J) The sale price of the vehicle, if applicable.
25        (2) (A) The following records pertaining to used
26    essential parts other than quarter panels and

 

 

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1    transmissions of vehicles of the first division shall be
2    kept:
3            (i) the year, make, model, color and type of such
4        part;
5            (ii) the vehicle's manufacturer's identification
6        number, derivative number, or, if applicable, the
7        Secretary of State or Illinois Department of State
8        Police identification number of such part;
9            (iii) the date of the acquisition of each part;
10            (iv) the name and address of the person from whom
11        the part was acquired and, if that person is a dealer,
12        the Illinois or out-of-state dealer license number of
13        such person; if the essential part being acquired is
14        from a person other than a dealer, the licensee shall
15        verify and record that person's identity by recording
16        the identification numbers from at least two sources
17        of identification, one of which shall be a drivers
18        license or State identification card;
19            (v) the uniform invoice number or out-of-state
20        bill of sale number reflecting the acquisition of such
21        part;
22            (vi) the stock number assigned to the essential
23        part by the licensee, if applicable;
24            (vii) the date of the disposition of such part;
25            (viii) the name and address of the person to whom
26        such part was disposed of and, if that person is a

 

 

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1        dealer, the Illinois or out-of-state dealer license
2        number of that person;
3            (ix) the uniform invoice number reflecting the
4        disposition of such part.
5        (B) Inspections of all essential parts shall be
6    conducted in accordance with Section 5-402.1.
7        (C) A separate entry containing all of the information
8    required to be recorded in subparagraph (A) of paragraph
9    (2) of subsection (a) of this Section shall be made for
10    each separate essential part. Separate entries shall be
11    made regardless of whether the part was a large purchase
12    acquisition. In addition, a separate entry shall be made
13    for each part acquired for immediate sale or transfer, or
14    for placement into the overall inventory or stock to be
15    disposed of at a later time, or for use on a vehicle to be
16    materially altered by the licensee, or acquired for any
17    other purpose or reason. Failure to make a separate entry
18    for each essential part acquired or disposed of, or a
19    failure to record any of the specific information required
20    to be recorded concerning the acquisition or disposition
21    of each essential part as set forth in subparagraph (A) of
22    paragraph (2) of subsection (a) shall constitute a failure
23    to keep records.
24        (D) The vehicle's manufacturer's identification number
25    or Secretary of State or Illinois Department of State
26    Police identification number for the essential part shall

 

 

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1    be ascertained and recorded even if such part is acquired
2    from a person or dealer located in a State, territory, or
3    country which does not require that such information be
4    recorded. If the vehicle's manufacturer's identification
5    number or Secretary of State or Illinois Department of
6    State Police identification number for an essential part
7    cannot be obtained, that part shall not be acquired by the
8    licensee or any of his agents or employees. If such part or
9    parts were physically acquired by the licensee or any of
10    his agents or employees while the licensee or agent or
11    employee was outside this State, that licensee or agent or
12    employee was outside the State, that licensee, agent or
13    employee shall not bring such essential part into this
14    State or cause it to be brought into this State. The
15    acquisition or disposition of an essential part by a
16    licensee without the recording of the vehicle
17    identification number or Secretary of State identification
18    number for such part or the transportation into the State
19    by the licensee or his agent or employee of such part or
20    parts shall constitute a failure to keep records.
21        (E) The records of essential parts required to be kept
22    by this Section shall apply to all hulks, chassis, frames
23    or cowls, regardless of the age of those essential parts.
24    The records required to be kept by this Section for
25    essential parts other than hulks, chassis, frames or
26    cowls, shall apply only to those essential parts which are

 

 

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1    6 model years of age or newer. In determining the model
2    year of such an essential part it may be presumed that the
3    identification number of the vehicle from which the
4    essential part came or the identification number affixed
5    to the essential part itself acquired by the licensee
6    denotes the model year of that essential part. This
7    presumption, however, shall not apply if the gross
8    appearance of the essential part does not correspond to
9    the year, make or model of either the identification
10    number of the vehicle from which the essential part is
11    alleged to have come or the identification number which is
12    affixed to the essential part itself. To determine whether
13    an essential part is 6 years of age or newer within this
14    paragraph, the model year of the essential part shall be
15    subtracted from the calendar year in which the essential
16    part is acquired or disposed of by the licensee. If the
17    remainder is 6 or less, the record of the acquisition or
18    disposition of that essential part shall be kept as
19    required by this Section.
20        (F) The requirements of paragraph (2) of subsection
21    (a) of this Section shall not apply to the disposition of
22    an essential part other than a cowl which has been damaged
23    or altered to a state in which it can no longer be returned
24    to a usable condition and which is being sold or
25    transferred to a scrap processor or for delivery to a
26    scrap processor.

 

 

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1    (3) the following records for vehicles on which junking
2certificates are obtained shall be kept:
3        (A) the year, make, model, style and color of the
4    vehicle;
5        (B) the vehicle's manufacturer's identification number
6    or, if applicable, the Secretary of State or Illinois
7    Department of State Police identification number;
8        (C) the date the vehicle was acquired;
9        (D) the name and address of the person from whom the
10    vehicle was acquired and, if that person is a dealer, the
11    Illinois or out-of-state dealer license number of that
12    person;
13        (E) the certificate of title number or salvage
14    certificate number for the vehicle, if applicable;
15        (F) the junking certificate number obtained by the
16    licensee; this entry shall be recorded at the close of
17    business of the fifth business day after receiving the
18    junking certificate;
19        (G) the name and address of the person to whom the
20    junking certificate has been assigned, if applicable, and
21    if that person is a dealer, the Illinois or out-of-state
22    dealer license number of that dealer;
23        (H) if the vehicle or any part of the vehicle is
24    dismantled for its parts to be disposed of in any way, or
25    if such parts are to be used by the licensee to materially
26    alter a vehicle, those essential parts shall be recorded

 

 

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1    and the entries required by paragraph (2) of subsection
2    (a) shall be made.
3    (4) The following records for rebuilt vehicles shall be
4kept:
5        (A) the year, make, model, style and color of the
6    vehicle;
7        (B) the vehicle's manufacturer's identification number
8    of the vehicle or, if applicable, the Secretary of State
9    or Illinois Department of State Police identification
10    number;
11        (C) the date the vehicle was acquired;
12        (D) the name and address of the person from whom the
13    vehicle was acquired, and if that person is a dealer, the
14    Illinois or out-of-state dealer license number of that
15    person;
16        (E) the salvage certificate number for the vehicle;
17        (F) the newly issued certificate of title number for
18    the vehicle;
19        (G) the date of disposition of the vehicle;
20        (H) the name and address of the person to whom the
21    vehicle was disposed, and if a dealer, the Illinois or
22    out-of-state dealer license number of that dealer;
23        (I) The sale price of the vehicle.
24    (5) The following records pertaining to tire rims shall be
25kept:
26        (A) the date of the acquisition of each tire rim; and

 

 

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1        (B) the name and address of the person from whom the
2    tire rim was acquired and, if that person is a dealer, the
3    Illinois or out-of-state dealer license number of such
4    person; if the tire rim being acquired is from a person
5    other than a dealer, the licensee shall verify and record
6    that person's identity by recording the identification
7    numbers from at least 2 sources of identification, one of
8    which shall be a driver's license or State identification
9    card.
10    (6) The following records pertaining to catalytic
11converters shall be kept:
12        (A) the date of the acquisition of each catalytic
13    converter; and
14        (B) the name and address of the person from whom the
15    catalytic converter was acquired and, if that person is a
16    dealer, the Illinois or out-of-state dealer license number
17    of such person; if the catalytic converter being acquired
18    is from a person other than a dealer, the licensee shall
19    verify and record that person's identity by recording the
20    identification numbers from at least 2 sources of
21    identification, one of which shall be a driver's license
22    or State identification card.
23    (a-1) A person licensed or required to be licensed under
24Section 5-101 or Section 5-102 of this Code who issues
25temporary registration permits as permitted by this Code and
26by rule must electronically file the registration with the

 

 

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1Secretary and must maintain records of the registration in the
2manner prescribed by the Secretary.
3    (b) A failure to make separate entries for each vehicle
4acquired, disposed of, or assigned, or a failure to record any
5of the specific information required to be recorded concerning
6the acquisition or disposition of each vehicle as set forth in
7paragraphs (1), (3) and (4) of subsection (a) shall constitute
8a failure to keep records.
9    (c) All entries relating to the acquisition of a vehicle
10or essential part required by subsection (a) of this Section
11shall be recorded no later than the close of business on the
12seventh calendar day following such acquisition. All entries
13relating to the disposition of a vehicle or an essential part
14shall be made at the time of such disposition. If the vehicle
15or essential part was disposed of on the same day as its
16acquisition or the day thereafter, the entries relating to the
17acquisition of the vehicle or essential part shall be made at
18the time of the disposition of the vehicle or essential part.
19Failure to make the entries required in or at the times
20prescribed by this subsection following the acquisition or
21disposition of such vehicle or essential part shall constitute
22a failure to keep records.
23    (d) Every person licensed or required to be licensed
24shall, before accepting delivery of a used vehicle, inspect
25the vehicle to determine whether the manufacturer's public
26vehicle identification number has been defaced, destroyed,

 

 

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1falsified, removed, altered, or tampered with in any way. If
2the person making the inspection determines that the
3manufacturer's public vehicle identification number has been
4altered, removed, defaced, destroyed, falsified or tampered
5with he shall not acquire that vehicle but instead shall
6promptly notify law enforcement authorities of his finding.
7    (e) The information required to be kept in subsection (a)
8of this Section shall be kept in a manner prescribed by rule or
9regulation of the Secretary of State.
10    (f) Every person licensed or required to be licensed shall
11have in his possession a separate certificate of title,
12salvage certificate, junking certificate, certificate of
13purchase, uniform invoice, out-of-state bill of sale or other
14acceptable documentary evidence of his right to the possession
15of every vehicle or essential part.
16    (g) Every person licensed or required to be licensed as a
17transporter under Section 5-201 shall maintain for 3 years, in
18such form as the Secretary of State may by rule or regulation
19prescribe, at his principal place of business a record of
20every vehicle transported by him, including numbers of or
21other marks of identification thereof, the names and addresses
22of persons from whom and to whom the vehicle was delivered and
23the dates of delivery.
24    (h) No later than 15 days prior to going out of business,
25selling the business, or transferring the ownership of the
26business, the licensee shall notify the Secretary of State

 

 

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1that he is going out of business or that he is transferring the
2ownership of the business. Failure to notify under this
3paragraph shall constitute a failure to keep records.
4    (i) (Blank).
5    (j) A person who knowingly fails to comply with the
6provisions of this Section or knowingly fails to obey,
7observe, or comply with any order of the Secretary or any law
8enforcement agency issued in accordance with this Section is
9guilty of a Class B misdemeanor for the first violation and a
10Class A misdemeanor for the second and subsequent violations.
11Each violation constitutes a separate and distinct offense and
12a separate count may be brought in the same indictment or
13information for each vehicle or each essential part of a
14vehicle for which a record was not kept as required by this
15Section.
16    (k) Any person convicted of failing to keep the records
17required by this Section with intent to conceal the identity
18or origin of a vehicle or its essential parts or with intent to
19defraud the public in the transfer or sale of vehicles or their
20essential parts is guilty of a Class 2 felony. Each violation
21constitutes a separate and distinct offense and a separate
22count may be brought in the same indictment or information for
23each vehicle or essential part of a vehicle for which a record
24was not kept as required by this Section.
25    (l) A person may not be criminally charged with or
26convicted of both a knowing failure to comply with this

 

 

HB0106- 13 -LRB102 03976 HEP 13992 b

1Section and a knowing failure to comply with any order, if both
2offenses involve the same record keeping violation.
3    (m) The Secretary shall adopt rules necessary for
4implementation of this Section, which may include the
5imposition of administrative fines.
6(Source: P.A. 101-505, eff. 1-1-20.)