Full Text of HB2528 102nd General Assembly
HB2528 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2528 Introduced 2/19/2021, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/3-116 | from Ch. 95 1/2, par. 3-116 |
625 ILCS 5/3-117.1 | from Ch. 95 1/2, par. 3-117.1 |
625 ILCS 5/3-117.2 | from Ch. 95 1/2, par. 3-117.2 |
625 ILCS 5/3-801 | from Ch. 95 1/2, par. 3-801 |
625 ILCS 5/5-401.2 | from Ch. 95 1/2, par. 5-401.2 |
625 ILCS 5/5-402 | from Ch. 95 1/2, par. 5-402 |
625 ILCS 5/5-402.1 | from Ch. 95 1/2, par. 5-402.1 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State, upon receipt of an application for a new certificate of title, an application for a certificate of title by a transferee, an application for a certificate of title pursuant to a court order awarding ownership to the applicant, an application for a junking certificate, or an application for a salvage certificate, shall remove the current owner registration and license plate record on file associated with the vehicle's serial number before issuing a new certificate. Makes changes to provisions regarding: junk vehicle notification format; the types of records required to be kept by specified licensees under the Code; and the information required to be contained on a uniform invoice for essential parts. Makes other changes.
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| | A BILL FOR |
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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 | 5 | | changing Sections 3-116, 3-117.1, 3-117.2, 3-801, 5-401.2, | 6 | | 5-402, and 5-402.1 as follows:
| 7 | | (625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
| 8 | | Sec. 3-116. When Secretary of State to issue a certificate | 9 | | of title.
| 10 | | (a) The Secretary of State, upon receipt of a properly | 11 | | assigned
certificate of title, with an application for a | 12 | | certificate of
title, the required fee and any other documents | 13 | | required by law, shall remove the current owner registration | 14 | | and license plate record on file associated with the vehicle's | 15 | | serial number and shall
issue a new certificate of title in the | 16 | | name of the transferee as owner
and mail it to the first | 17 | | lienholder named in it or, if none, to the
owner or owner's | 18 | | designee.
| 19 | | (b) The Secretary of State, upon receipt of an application | 20 | | for a new
certificate of title by a transferee other than by | 21 | | voluntary transfer,
with proof of the transfer, the required | 22 | | fee and any other documents
required by law, shall remove the | 23 | | current owner registration and license plate record on file |
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| 1 | | associated with the vehicle's serial number and shall issue a | 2 | | new certificate of title in the name of
the transferee as | 3 | | owner.
| 4 | | (b-5) The Secretary of State, upon receipt of an | 5 | | application for a certificate of title and the required fee, | 6 | | may issue a certificate of title to an out-of-state resident | 7 | | if the out-of-state resident is a bona fide purchaser of a | 8 | | vehicle or a manufactured home from a dealer licensed in this | 9 | | State under Section 5-101, 5-101.2, or 5-102 of this Code and | 10 | | the licensed dealer files for bankruptcy, surrenders his or | 11 | | her license, or is otherwise no longer operating as a licensed | 12 | | dealer and does not properly transfer the title application to | 13 | | the bona fide purchaser prior to the licensed dealer's | 14 | | business closure. | 15 | | (c) Any person, firm or corporation, who shall knowingly | 16 | | possess,
buy, sell, exchange or give away, or offer to buy, | 17 | | sell, exchange or
give away the certificate of title to any | 18 | | motor vehicle which is a junk
or salvage, or who shall fail to | 19 | | surrender the certificate of title to
the Secretary of State | 20 | | as required under the provisions of this Section
and Section | 21 | | 3-117.2, shall be guilty of Class 3 felony.
| 22 | | (d) The Secretary of State shall file and retain for four | 23 | | (4) years a
record of every surrendered certificate of title | 24 | | or proof of ownership
accepted by the Secretary of State, the | 25 | | file to be maintained so as to
permit the tracing of title of | 26 | | the vehicle designated therein. Such filing and retention |
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| 1 | | requirements shall be in addition to and not in substitution | 2 | | for the recordkeeping requirements set forth in Section 3-106 | 3 | | of this Code, which recordkeeping requirements are not limited | 4 | | to any period of time.
| 5 | | (e) The Secretary of State, upon receipt of an application | 6 | | for
corrected certificate of title, with the original title, | 7 | | the required fee
and any other required documents, shall issue | 8 | | a corrected certificate of
title in the name of the owner and | 9 | | mail it to the first lienholder named in
it or, if none, to the | 10 | | owner or owner's designee.
| 11 | | (f) The Secretary of State, upon receipt of a certified | 12 | | copy of a court
order awarding ownership to an applicant along | 13 | | with an application for a
certificate of title and the | 14 | | required fee, shall remove the current owner registration and | 15 | | license plate record on file associated with the vehicle's | 16 | | serial number and shall issue a certificate of title
to the | 17 | | applicant.
| 18 | | (Source: P.A. 100-450, eff. 1-1-18 .)
| 19 | | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
| 20 | | Sec. 3-117.1. When junking certificates or salvage | 21 | | certificates must
be obtained. | 22 | | (a) Except as provided in Chapter 4 and Sections 3-117.2 | 23 | | and Section 3-117.3 of this Code, a person who possesses a
junk | 24 | | vehicle shall within 15 days cause the certificate of title, | 25 | | salvage
certificate, certificate of purchase, or a similarly |
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| 1 | | acceptable out-of-state
document of ownership to be | 2 | | surrendered to the Secretary of State along with an
| 3 | | application for a junking certificate, except as provided in | 4 | | Section 3-117.2,
whereupon the Secretary of State shall remove | 5 | | the current owner registration and license plate record on | 6 | | file associated with the vehicle's serial number and shall | 7 | | issue to such a person a junking
certificate, which shall | 8 | | authorize the holder thereof to possess, transport,
or, by an | 9 | | endorsement, transfer ownership in such junked vehicle, and a
| 10 | | certificate of title shall not again be issued for such | 11 | | vehicle. The owner of a junk vehicle is not required to | 12 | | surrender the certificate of title under this subsection if | 13 | | (i) there is no lienholder on the certificate of title or (ii) | 14 | | the owner of the junk vehicle has a valid lien release from the | 15 | | lienholder releasing all interest in the vehicle and the owner | 16 | | applying for the junk certificate matches the current record | 17 | | on the certificate of title file for the vehicle.
| 18 | | A licensee who possesses a junk vehicle and a Certificate | 19 | | of Title,
Salvage Certificate, Certificate of Purchase, or a | 20 | | similarly acceptable
out-of-state document of ownership for | 21 | | such junk vehicle, may transport the
junk vehicle to another | 22 | | licensee prior to applying for or obtaining a
junking | 23 | | certificate, by executing a uniform invoice. The licensee
| 24 | | transferor shall furnish a copy of the uniform invoice to the | 25 | | licensee
transferee at the time of transfer. In any case, the | 26 | | licensee transferor
shall apply for a junking certificate in |
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| 1 | | conformance with Section 3-117.1
of this Chapter. The | 2 | | following information shall be contained on a uniform
invoice:
| 3 | | (1) The business name, address and dealer license | 4 | | number of the person
disposing of the vehicle, junk | 5 | | vehicle or vehicle cowl;
| 6 | | (2) The name and address of the person acquiring the | 7 | | vehicle, junk
vehicle or vehicle cowl, and if that person | 8 | | is a dealer, the Illinois or
out-of-state dealer license | 9 | | number of that dealer;
| 10 | | (3) The date of the disposition of the vehicle, junk | 11 | | vehicle or vehicle
cowl;
| 12 | | (4) The year, make, model, color and description of | 13 | | each vehicle, junk
vehicle or vehicle cowl disposed of by | 14 | | such person;
| 15 | | (5) The manufacturer's vehicle identification number, | 16 | | Secretary of State
identification number or Illinois | 17 | | Department of State Police number,
for each vehicle, junk | 18 | | vehicle or vehicle cowl part disposed of by such person;
| 19 | | (6) The printed name and legible signature of the | 20 | | person or agent
disposing of the vehicle, junk vehicle or | 21 | | vehicle cowl; and
| 22 | | (7) The printed name and legible signature of the | 23 | | person accepting
delivery of the vehicle, junk vehicle or | 24 | | vehicle cowl.
| 25 | | The Secretary of State may certify a junking manifest in a | 26 | | form prescribed by
the Secretary of State that reflects those |
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| 1 | | vehicles for which junking
certificates have been applied or | 2 | | issued. A junking manifest
may be issued to any person and it | 3 | | shall constitute evidence of ownership
for the vehicle listed | 4 | | upon it. A junking manifest may be transferred only
to a person | 5 | | licensed under Section 5-301 of this Code as a scrap | 6 | | processor.
A junking manifest will allow the transportation of | 7 | | those
vehicles to a scrap processor prior to receiving the | 8 | | junk certificate or a junk vehicle electronic record from
the | 9 | | Secretary of State.
| 10 | | (b) An application for a salvage certificate shall be | 11 | | submitted to the
Secretary of State in any of the following | 12 | | situations:
| 13 | | (1) When an insurance company makes a payment of | 14 | | damages on a total loss
claim for a vehicle, the insurance | 15 | | company shall be deemed to be the owner of
such vehicle and | 16 | | the vehicle shall be considered to be salvage except that
| 17 | | ownership of (i) a vehicle that has incurred only hail | 18 | | damage that does
not
affect the operational safety of the | 19 | | vehicle or (ii) any vehicle
9 model years of age or older | 20 | | may, by agreement between
the registered owner and the | 21 | | insurance company, be retained by the registered
owner of | 22 | | such vehicle. The insurance company shall promptly deliver | 23 | | or mail
within 20 days the certificate of title along with | 24 | | proper application and fee
to the Secretary of State, and | 25 | | a salvage certificate shall be issued in the
name of the | 26 | | insurance company. Notwithstanding the foregoing, an |
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| 1 | | insurer making payment of damages on a total loss claim | 2 | | for the theft of a vehicle shall not be required to apply | 3 | | for a salvage certificate unless the vehicle is recovered | 4 | | and has incurred damage that initially would have caused | 5 | | the vehicle to be declared a total loss by the insurer. | 6 | | (1.1) When a vehicle of a self-insured company is to | 7 | | be sold in the State of Illinois and has sustained damaged | 8 | | by collision, fire, theft, rust corrosion, or other means | 9 | | so that the self-insured company determines the vehicle to | 10 | | be a total loss, or if the cost of repairing the damage, | 11 | | including labor, would be greater than 70% of its fair | 12 | | market value without that damage, the vehicle shall be | 13 | | considered salvage. The self-insured company shall | 14 | | promptly deliver the certificate of title along with | 15 | | proper application and fee to the Secretary of State, and | 16 | | a salvage certificate shall be issued in the name of the | 17 | | self-insured company. A self-insured company making | 18 | | payment of damages on a total loss claim for the theft of a | 19 | | vehicle may exchange the salvage certificate for a | 20 | | certificate of title if the vehicle is recovered without | 21 | | damage. In such a situation, the self-insured shall fill | 22 | | out and sign a form prescribed by the Secretary of State | 23 | | which contains an affirmation under penalty of perjury | 24 | | that the vehicle was recovered without damage and the | 25 | | Secretary of State may, by rule, require photographs to be | 26 | | submitted.
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| 1 | | (2) When a vehicle the ownership of which has been | 2 | | transferred to any
person through a certificate of | 3 | | purchase from acquisition of the vehicle at an
auction, | 4 | | other dispositions as set forth in Sections 4-208 and | 5 | | 4-209
of this Code, or a lien arising under Section | 6 | | 18a-501 of this Code shall be deemed
salvage or junk at the | 7 | | option of the purchaser. The person acquiring such
vehicle | 8 | | in such manner shall promptly deliver or mail, within 20 | 9 | | days after the
acquisition of the vehicle, the certificate | 10 | | of purchase, the
proper application and fee, and, if the | 11 | | vehicle is an abandoned mobile home
under the Abandoned | 12 | | Mobile Home Act, a certification from a local law
| 13 | | enforcement agency that the vehicle was purchased or | 14 | | acquired at a public sale
under the Abandoned Mobile Home | 15 | | Act to the Secretary of State and a salvage
certificate or | 16 | | junking certificate shall be issued in the name of that | 17 | | person.
The salvage certificate or junking certificate | 18 | | issued by the Secretary of State
under this Section shall | 19 | | be free of any lien that existed against the vehicle
prior | 20 | | to the time the vehicle was acquired by the applicant | 21 | | under this Code.
| 22 | | (3) A vehicle which has been repossessed by a | 23 | | lienholder shall be
considered to be salvage only when the | 24 | | repossessed vehicle, on the date of
repossession by the | 25 | | lienholder, has sustained damage by collision, fire, | 26 | | theft,
rust corrosion, or other means so that the cost of |
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| 1 | | repairing
such damage, including labor, would be greater | 2 | | than 33 1/3% of its fair market
value without such damage. | 3 | | If the lienholder determines that such vehicle is
damaged | 4 | | in excess of 33 1/3% of such fair market value, the | 5 | | lienholder shall,
before sale, transfer or assignment of | 6 | | the vehicle, make application for a
salvage certificate, | 7 | | and shall submit with such application the proper fee
and | 8 | | evidence of possession. If the facts required to be shown | 9 | | in
subsection (f) of Section 3-114 are satisfied, the | 10 | | Secretary of State shall
issue a salvage certificate in | 11 | | the name of the lienholder making the
application. In any | 12 | | case wherein the vehicle repossessed is not damaged in
| 13 | | excess of 33 1/3% of its fair market value, the lienholder
| 14 | | shall comply with the requirements of subsections (f), | 15 | | (f-5), and (f-10) of
Section 3-114, except that the | 16 | | affidavit of repossession made by or on behalf
of the | 17 | | lienholder
shall also contain an affirmation under penalty | 18 | | of perjury that the vehicle
on
the date of sale is not
| 19 | | damaged in
excess of 33 1/3% of its fair market value. If | 20 | | the facts required to be shown
in subsection (f) of | 21 | | Section 3-114 are satisfied, the Secretary of State
shall | 22 | | issue a certificate of title as set forth in Section 3-116 | 23 | | of this Code.
The Secretary of State may by rule or | 24 | | regulation require photographs to be
submitted.
| 25 | | (4) A vehicle which is a part of a fleet of more than 5 | 26 | | commercial
vehicles registered in this State or any other |
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| 1 | | state or registered
proportionately among several states | 2 | | shall be considered to be salvage when
such vehicle has | 3 | | sustained damage by collision, fire, theft, rust,
| 4 | | corrosion or similar means so that the cost of repairing | 5 | | such damage, including
labor, would be greater than 33 | 6 | | 1/3% of the fair market value of the vehicle
without such | 7 | | damage. If the owner of a fleet vehicle desires to sell,
| 8 | | transfer, or assign his interest in such vehicle to a | 9 | | person within this State
other than an insurance company | 10 | | licensed to do business within this State, and
the owner | 11 | | determines that such vehicle, at the time of the proposed | 12 | | sale,
transfer or assignment is damaged in excess of 33 | 13 | | 1/3% of its fair market
value, the owner shall, before | 14 | | such sale, transfer or assignment, make
application for a | 15 | | salvage certificate. The application shall contain with it
| 16 | | evidence of possession of the vehicle. If the fleet | 17 | | vehicle at the time of its
sale, transfer, or assignment | 18 | | is not damaged in excess of 33 1/3% of its
fair market | 19 | | value, the owner shall so state in a written affirmation | 20 | | on a
form prescribed by the Secretary of State by rule or | 21 | | regulation. The
Secretary of State may by rule or | 22 | | regulation require photographs to be
submitted. Upon sale, | 23 | | transfer or assignment of the fleet vehicle the
owner | 24 | | shall mail the affirmation to the Secretary of State.
| 25 | | (5) A vehicle that has been submerged in water to the
| 26 | | point that rising water has reached over the door sill and |
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| 1 | | has
entered the
passenger or trunk compartment is a "flood | 2 | | vehicle". A flood vehicle shall
be considered to be | 3 | | salvage only if the vehicle has sustained damage so that
| 4 | | the cost of repairing the damage, including labor, would | 5 | | be greater than 33
1/3% of the fair market value of the | 6 | | vehicle without that damage. The salvage
certificate | 7 | | issued under this
Section shall indicate the word "flood", | 8 | | and the word "flood" shall be
conspicuously entered on | 9 | | subsequent titles for the vehicle. A person who
possesses | 10 | | or acquires a flood vehicle that is not damaged in excess | 11 | | of 33 1/3%
of its fair market value shall make application | 12 | | for title in accordance with
Section 3-116 of this Code, | 13 | | designating the vehicle as "flood" in a manner
prescribed | 14 | | by the Secretary of State. The certificate of title issued | 15 | | shall
indicate the word "flood", and the word "flood" | 16 | | shall be conspicuously entered
on subsequent titles for | 17 | | the vehicle.
| 18 | | (6) When any licensed rebuilder, repairer, new or used | 19 | | vehicle dealer, or remittance agent has submitted an | 20 | | application for title to a vehicle (other than an | 21 | | application for title to a rebuilt vehicle) that he or she | 22 | | knows or reasonably should have known to have sustained | 23 | | damages in excess of 33 1/3% of the vehicle's fair market | 24 | | value without that damage; provided, however, that any | 25 | | application for a salvage certificate for a vehicle | 26 | | recovered from theft and acquired from an insurance |
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| 1 | | company shall be made as required by paragraph (1) of this | 2 | | subsection (b). | 3 | | (c) Any person who without authority acquires, sells, | 4 | | exchanges, gives
away, transfers or destroys or offers to | 5 | | acquire, sell, exchange, give
away, transfer or destroy the | 6 | | certificate of title to any vehicle which is
a junk or salvage | 7 | | vehicle shall be guilty of a Class 3 felony.
| 8 | | (d) Except as provided under subsection (a), any person | 9 | | who knowingly fails to surrender to the Secretary of State a
| 10 | | certificate of title, salvage certificate, certificate of | 11 | | purchase or a
similarly acceptable out-of-state document of | 12 | | ownership as required under
the provisions of this Section is | 13 | | guilty of a Class A misdemeanor for a
first offense and a Class | 14 | | 4 felony for a subsequent offense; except that a
person | 15 | | licensed under this Code who violates paragraph (5) of | 16 | | subsection (b)
of this Section is
guilty of a business offense | 17 | | and shall be fined not less than $1,000 nor more
than $5,000 | 18 | | for a first offense and is guilty of a Class 4 felony
for a | 19 | | second or subsequent violation.
| 20 | | (e) Any vehicle which is salvage or junk may not be driven | 21 | | or operated
on roads and highways within this State. A | 22 | | violation of this subsection is
a Class A misdemeanor. A | 23 | | salvage vehicle displaying valid special plates
issued under | 24 | | Section 3-601(b) of this Code, which is being driven to or
from | 25 | | an inspection conducted under Section 3-308 of this Code, is | 26 | | exempt
from the provisions of this subsection. A salvage |
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| 1 | | vehicle for which a
short term permit has been issued under | 2 | | Section 3-307 of this Code is
exempt from the provisions of | 3 | | this subsection for the duration of the permit.
| 4 | | (Source: P.A. 100-104, eff. 11-9-17; 100-956, eff. 1-1-19; | 5 | | 100-1083, eff. 1-1-19; 101-81, eff. 7-12-19.)
| 6 | | (625 ILCS 5/3-117.2) (from Ch. 95 1/2, par. 3-117.2)
| 7 | | Sec. 3-117.2. Junk Vehicle Notification. Beginning July 1, | 8 | | 1989 a
person licensed as an automotive parts recycler or a | 9 | | scrap processor pursuant to Section 5-301 of this Code
who | 10 | | acquires a properly assigned Certificate of Title, a Salvage
| 11 | | Certificate, a Certificate of Purchase, or a similarly | 12 | | acceptable
out-of-state document of ownership pursuant to | 13 | | Section 5-401.3 of this
Code, shall within 15 days of | 14 | | acquiring such document, submit it by mail or electronic | 15 | | format acceptable to the
Secretary of State along with a Junk | 16 | | Vehicle Notification, the form and
manner for which shall be | 17 | | as prescribed by Secretary of State rule or
regulation. An | 18 | | automotive parts recycler or a A scrap processor who acquires | 19 | | the above named documents of
ownership pursuant to Section | 20 | | 5-401.3 shall not be required to apply for or
obtain a junking | 21 | | certificate. The information contained on a
Junk Vehicle | 22 | | Notification shall be duly recorded by the Secretary of State
| 23 | | upon the receipt of such Notification by mail or electronic | 24 | | format acceptable to the Secretary of State . The Secretary of | 25 | | State shall not
again issue a Certificate of Title or Salvage |
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| 1 | | Certificate for any vehicle
listed on a Junk Vehicle | 2 | | Notification.
| 3 | | (Source: P.A. 85-1204.)
| 4 | | (625 ILCS 5/3-801) (from Ch. 95 1/2, par. 3-801)
| 5 | | Sec. 3-801. Registration. | 6 | | (a) Except as provided herein for new residents,
every | 7 | | owner of any vehicle which shall be operated upon the public | 8 | | highways
of this State shall, within 24 hours after becoming | 9 | | the owner or at such
time as such vehicle becomes subject to | 10 | | registration under the provisions
of this Act, file in an | 11 | | office of the Secretary of State, an application
for | 12 | | registration properly completed and executed. New residents | 13 | | need not secure
registration until 30 days after establishing | 14 | | residency in this State,
provided the vehicle is properly | 15 | | registered in another jurisdiction. By the
expiration of such | 16 | | 30-day statutory grace period, a new resident shall
comply | 17 | | with the provisions of this Act and apply for Illinois vehicle
| 18 | | registration. All applications for registration shall be | 19 | | accompanied by all
documentation required under the provisions | 20 | | of this Act. The appropriate
registration fees and taxes | 21 | | provided for in this Article of this Chapter
shall be paid to | 22 | | the Secretary of State with the application for
registration | 23 | | of vehicles subject to registration under this Act.
| 24 | | (b) Any resident of this State, who has been serving as a | 25 | | member or as a civilian employee of the
United States Armed |
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| 1 | | Services, or as a civilian employee of the United States | 2 | | Department of Defense, outside of the State of Illinois, need | 3 | | not
secure registration until 45 days after returning to this
| 4 | | State, provided the vehicle displays temporary military | 5 | | registration.
| 6 | | (c) When an application is submitted by mail, the | 7 | | applicant may not
submit cash or postage stamps for payment of | 8 | | fees or taxes due. The
Secretary in his discretion, may | 9 | | decline to accept a personal or company
check or electronic | 10 | | payment in payment of fees or taxes. An application submitted | 11 | | to a dealer, or
a remittance made to the Secretary of State | 12 | | shall be deemed in compliance
with this Section.
| 13 | | (d) The Secretary of State shall remove the current owner | 14 | | registration and license plate record on file associated with | 15 | | the vehicle's serial number before issuing a new certificate | 16 | | of title, a junk certificate, or a salvage certificate for any | 17 | | title. | 18 | | (Source: P.A. 99-118, eff. 1-1-16; 99-324, eff. 1-1-16; | 19 | | 99-642, eff. 7-28-16.)
| 20 | | (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
| 21 | | Sec. 5-401.2. Licensees required to keep records and make | 22 | | inspections.
| 23 | | (a) Every person licensed or required to be licensed under | 24 | | Section 5-101,
5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or | 25 | | 5-302 of this Code, shall, with the exception of
scrap
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| 1 | | processors, maintain for 3 years, in a form as the Secretary of | 2 | | State may by
rule or regulation prescribe, at his established | 3 | | place of business, additional
place of business, or principal | 4 | | place of business if licensed under Section
5-302, the | 5 | | following records relating to the acquisition or disposition | 6 | | of
vehicles and their essential parts possessed in this State, | 7 | | brought into this
State from another state, territory or | 8 | | country, or sold or transferred to
another person in this | 9 | | State or in another state, territory, or country.
| 10 | | (1) The following records pertaining to new or used | 11 | | vehicles shall be
kept:
| 12 | | (A) the year, make, and model , style and color of | 13 | | the vehicle;
| 14 | | (B) the vehicle's manufacturer's identification | 15 | | number or, if
applicable, the Secretary of State or | 16 | | Illinois Department of State Police
identification | 17 | | number;
| 18 | | (C) the date of acquisition of the vehicle;
| 19 | | (D) the name and address of the person from whom | 20 | | the vehicle was
acquired and, if that person is a | 21 | | dealer, the Illinois or out-of-state
dealer license | 22 | | number of such person;
| 23 | | (E) (blank); the signature of the person making | 24 | | the inspection of a used vehicle
as required under | 25 | | subsection (d) of this Section, if applicable;
| 26 | | (F) (blank); the purchase price of the vehicle, if |
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| 1 | | applicable;
| 2 | | (G) the date of the disposition of the vehicle;
| 3 | | (H) the name and address of the person to whom any | 4 | | vehicle was
disposed, and if that person is a dealer, | 5 | | the Illinois
or out-of-State dealer's license number | 6 | | of that dealer;
| 7 | | (I) the uniform invoice number reflecting the | 8 | | disposition of the
vehicle, if applicable; and
| 9 | | (J) (blank). The sale price of the vehicle, if | 10 | | applicable.
| 11 | | (2) (A) The following records pertaining to used | 12 | | essential
parts other than quarter panels and | 13 | | transmissions of vehicles of the first
division shall be | 14 | | kept:
| 15 | | (i) the year, make, and model , color and type of | 16 | | such part;
| 17 | | (ii) the vehicle's manufacturer's identification | 18 | | number, derivative
number, or, if applicable, the | 19 | | Secretary of State or Illinois Department of
State | 20 | | Police identification number of such part;
| 21 | | (iii) (blank); the date of the acquisition of each | 22 | | part;
| 23 | | (iv) (blank); the name and address of the person | 24 | | from whom the part was
acquired and, if that person is | 25 | | a dealer, the Illinois or out-of-state
dealer license | 26 | | number of such person; if the essential part being |
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| 1 | | acquired
is from a person other than a dealer, the | 2 | | licensee shall verify and record
that person's | 3 | | identity by recording the identification numbers from | 4 | | at
least two sources of identification, one of which | 5 | | shall be a drivers
license or State identification | 6 | | card;
| 7 | | (v) the uniform invoice number or out-of-state | 8 | | bill of sale number
reflecting the acquisition of such | 9 | | part;
| 10 | | (vi) the stock number assigned to the essential | 11 | | part by the licensee,
if applicable;
| 12 | | (vii) (blank); the date of the disposition of such | 13 | | part;
| 14 | | (viii) the name and address of the person to whom | 15 | | such
part was disposed of and, if that person is a | 16 | | dealer, the Illinois or
out-of-state dealer license | 17 | | number of that person;
| 18 | | (ix) the uniform invoice number reflecting the | 19 | | disposition of
such part.
| 20 | | (B) Inspections of all essential parts shall be | 21 | | conducted in accordance
with Section 5-402.1.
| 22 | | (C) A separate entry containing all of the information | 23 | | required to be
recorded in subparagraph (A) of paragraph | 24 | | (2) of subsection (a) of this
Section shall be made for | 25 | | each separate essential part. Separate entries
shall be | 26 | | made regardless of whether the part was a large purchase
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| 1 | | acquisition. In addition, a separate entry shall be made | 2 | | for each part
acquired for immediate sale or transfer, or | 3 | | for placement into the overall
inventory or stock to be | 4 | | disposed of at a later time, or for use on a
vehicle to be | 5 | | materially altered by the licensee, or acquired for any | 6 | | other
purpose or reason. Failure to make a separate entry | 7 | | for each essential part
acquired or disposed of , or a | 8 | | failure to record any of the specific
information required | 9 | | to be recorded concerning the acquisition or
disposition | 10 | | of each essential part as set forth in subparagraph (A) of
| 11 | | paragraph (2) of subsection (a) shall constitute a failure | 12 | | to keep records.
| 13 | | (D) The vehicle's manufacturer's identification number | 14 | | or Secretary of
State or Illinois Department of State | 15 | | Police identification number for the
essential part shall | 16 | | be ascertained and recorded even if such part is
acquired | 17 | | from a person or dealer located in a State, territory, or | 18 | | country
which does not require that such information be | 19 | | recorded. If the vehicle's
manufacturer's identification | 20 | | number or Secretary of State or
Illinois Department of | 21 | | State Police identification number for an essential part
| 22 | | cannot be obtained, that part shall not be acquired by the | 23 | | licensee or any of
his agents or employees shall promptly | 24 | | notify law enforcement authorities of the finding . If such | 25 | | part or parts were physically acquired by the
licensee or | 26 | | any of his agents or employees while the licensee or
agent |
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| 1 | | or employee was outside this State, that licensee or agent | 2 | | or
employee was outside the State, that licensee, agent or | 3 | | employee shall not
bring such essential part into this | 4 | | State or cause it to be brought into
this State. The | 5 | | acquisition or disposition of an essential part by a
| 6 | | licensee without the recording of the vehicle | 7 | | identification number or
Secretary of State identification | 8 | | number for such part or the
transportation into the State | 9 | | by the licensee or his agent or employee of
such part or | 10 | | parts shall constitute a failure to keep records.
| 11 | | (E) The records of essential parts required to be kept | 12 | | by this Section
shall apply to all hulks, chassis, frames | 13 | | or cowls, regardless of the age
of those essential parts. | 14 | | The records required to be kept by this Section
for | 15 | | essential parts other than hulks, chassis, frames or | 16 | | cowls, shall apply
only to those essential parts which are | 17 | | 3 6 model years of age or newer. In
determining the model | 18 | | year of such an essential part it may be presumed
that the | 19 | | identification number of the vehicle from which the | 20 | | essential part
came or the identification number affixed | 21 | | to the essential part itself
acquired by the licensee | 22 | | denotes the model year of that essential part.
This | 23 | | presumption, however, shall not apply if the gross | 24 | | appearance of the
essential part does not correspond to | 25 | | the year, make or model of either the
identification | 26 | | number of the vehicle from which the essential part is
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| 1 | | alleged to have come or the identification number which is | 2 | | affixed to the
essential part itself. To determine whether | 3 | | an essential part is 3 6 years
of age or newer within this | 4 | | paragraph, the model year of the
essential part shall be | 5 | | subtracted from the calendar year in which the
essential | 6 | | part is acquired or disposed of by the licensee. If the
| 7 | | remainder is 3 6 or less, the record of the acquisition or | 8 | | disposition of
that essential part shall be kept as | 9 | | required by this Section.
| 10 | | (F) The requirements of paragraph (2) of subsection | 11 | | (a) of this
Section shall not apply to the disposition of | 12 | | an essential part other than
a cowl which has been damaged | 13 | | or altered to a state in which it can no
longer be returned | 14 | | to a usable condition and which is being sold or
| 15 | | transferred to a scrap processor or for delivery to a | 16 | | scrap processor.
| 17 | | (3) the following records for vehicles on which junking | 18 | | certificates are
obtained shall be kept:
| 19 | | (A) the year, make, and model , style and color of the | 20 | | vehicle;
| 21 | | (B) the vehicle's manufacturer's identification number | 22 | | or, if
applicable, the Secretary of State or Illinois | 23 | | Department of State Police
identification number;
| 24 | | (C) the date the vehicle was acquired;
| 25 | | (D) the name and address of the person from whom the | 26 | | vehicle was
acquired and, if that person is a dealer, the |
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| 1 | | Illinois or out-of-state
dealer license number of that | 2 | | person;
| 3 | | (E) the certificate of title number , junking | 4 | | certificate number, electronic junk vehicle record, or | 5 | | salvage certificate number for
the vehicle, if applicable;
| 6 | | (F) (blank); the junking certificate number obtained | 7 | | by the licensee; this entry
shall be recorded at the close | 8 | | of business of the fifth business
day after
receiving the | 9 | | junking certificate;
| 10 | | (G) (blank); the name and address of the person to | 11 | | whom the junking certificate
has been assigned, if | 12 | | applicable, and if that person is a dealer, the Illinois
| 13 | | or out-of-state dealer license number of that dealer;
| 14 | | (H) (blank). if the vehicle or any part of the vehicle | 15 | | is dismantled for its
parts to be disposed of in any way, | 16 | | or if such parts are to be used by the
licensee to | 17 | | materially alter a vehicle, those essential parts shall be
| 18 | | recorded and the entries required by
paragraph (2) of | 19 | | subsection (a) shall be made.
| 20 | | (4) The following records for rebuilt vehicles shall be | 21 | | kept:
| 22 | | (A) the year, make, and model , style and color of the | 23 | | vehicle;
| 24 | | (B) the vehicle's manufacturer's identification number | 25 | | of the vehicle
or, if applicable, the Secretary of State | 26 | | or Illinois Department of State
Police identification |
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| 1 | | number;
| 2 | | (C) the date the vehicle was acquired;
| 3 | | (D) the name and address of the person from whom the
| 4 | | vehicle was acquired, and if that person is a dealer, the | 5 | | Illinois or
out-of-state dealer license number of that
| 6 | | person;
| 7 | | (E) the salvage certificate number for the vehicle;
| 8 | | (F) the newly issued certificate of title number for | 9 | | the vehicle;
| 10 | | (G) the date of disposition of the vehicle;
| 11 | | (H) the name and address of the person to whom the | 12 | | vehicle was
disposed, and if a dealer and , the Illinois or | 13 | | out-of-state dealer license
number of that dealer;
| 14 | | (I) (blank). The sale price of the vehicle.
| 15 | | (a-1) A person licensed or required to be licensed under | 16 | | Section 5-101 or
Section 5-102 of this Code who issues | 17 | | temporary registration permits as
permitted by
this Code and | 18 | | by rule must electronically file the registration with the
| 19 | | Secretary and must maintain records of the registration in the | 20 | | manner
prescribed by the Secretary.
| 21 | | (b) A failure to make separate entries for each vehicle | 22 | | acquired,
disposed of, or assigned, or a failure to record any | 23 | | of the specific
information required to be recorded concerning | 24 | | the acquisition or
disposition of each vehicle as set forth in | 25 | | paragraphs (1),
(3) and (4) of subsection (a) shall constitute | 26 | | a failure to keep records.
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| 1 | | (c) All entries relating to the acquisition of a vehicle | 2 | | or essential
part required by subsection (a) of this Section | 3 | | shall be recorded no later than
the close of business on the | 4 | | seventh calendar day following such acquisition.
All entries | 5 | | relating to the disposition of a vehicle or an essential part
| 6 | | shall be made at the time of such disposition. If the vehicle | 7 | | or essential
part was disposed of on the same day as its | 8 | | acquisition or the day
thereafter, the entries relating to the | 9 | | acquisition of the vehicle or
essential part shall be made at | 10 | | the time of the disposition of the vehicle
or essential part. | 11 | | Failure to make the entries required in or at the times
| 12 | | prescribed by this subsection following the acquisition or | 13 | | disposition of
such vehicle or essential part shall constitute | 14 | | a failure to keep records.
| 15 | | (d) Every person licensed or required to be licensed | 16 | | shall,
before accepting delivery of a used vehicle, inspect | 17 | | the
vehicle to determine whether the manufacturer's public | 18 | | vehicle
identification number has been defaced, destroyed,
| 19 | | falsified, removed, altered, or tampered with in any way. If | 20 | | the person
making the inspection determines that the | 21 | | manufacturer's public vehicle
identification number has been | 22 | | altered, removed, defaced, destroyed,
falsified or tampered | 23 | | with , the person he shall not acquire that vehicle but instead
| 24 | | shall promptly notify law enforcement authorities of the his | 25 | | finding.
| 26 | | (e) The information required to be kept in subsection (a) |
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| 1 | | of this
Section shall be kept in a manner prescribed by rule or | 2 | | regulation of the
Secretary of State.
| 3 | | (f) Every person licensed or required to be licensed shall | 4 | | have in his or her
possession a separate certificate of title, | 5 | | salvage certificate, junking
certificate, certificate of | 6 | | purchase, uniform invoice, out-of-state bill of
sale , | 7 | | electronic junk vehicle record or other acceptable documentary | 8 | | evidence of his or her right to the
possession of every vehicle | 9 | | or essential part.
| 10 | | (g) (Blank). Every person licensed or required to be | 11 | | licensed as a transporter
under Section 5-201 shall maintain | 12 | | for 3 years, in such form as the
Secretary of State may by rule | 13 | | or regulation prescribe, at his principal
place of business a | 14 | | record of every vehicle transported by him, including
numbers | 15 | | of or other marks of identification thereof, the names and
| 16 | | addresses of persons from whom and to whom the vehicle was | 17 | | delivered and
the dates of delivery.
| 18 | | (h) No later than 15 days prior to going out of business, | 19 | | selling the
business, or transferring the ownership of the | 20 | | business, the licensee shall
notify the Secretary of State | 21 | | that he is going out of business or that he
is transferring the | 22 | | ownership of the business. Failure to notify under this
| 23 | | paragraph shall constitute a failure to keep records.
| 24 | | (i) (Blank).
| 25 | | (j) A person who knowingly fails to comply with the | 26 | | provisions of this
Section or
knowingly fails to obey, |
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| 1 | | observe, or comply with any order of the Secretary or
any law
| 2 | | enforcement agency issued
in accordance with this Section is | 3 | | guilty of a Class B misdemeanor for the
first violation and a | 4 | | Class A misdemeanor for the second and subsequent
violations. | 5 | | Each violation constitutes a separate and distinct offense and | 6 | | a
separate count may be brought in the same indictment or | 7 | | information for each
vehicle or each essential part of a | 8 | | vehicle for which a record was not kept as
required by this | 9 | | Section.
| 10 | | (k) Any person convicted of failing to keep the records | 11 | | required by this
Section with intent to conceal the identity | 12 | | or origin of a vehicle or its
essential parts or with intent to | 13 | | defraud the public in the transfer or sale of
vehicles or their | 14 | | essential parts is guilty of a Class 2 felony. Each violation
| 15 | | constitutes a separate and distinct offense and a separate | 16 | | count may be brought
in the same indictment or information for | 17 | | each vehicle or
essential part of a vehicle for which a record | 18 | | was not kept as required by this
Section.
| 19 | | (l) A person may not be criminally charged with or | 20 | | convicted of both a
knowing failure to comply with this | 21 | | Section and a knowing failure to comply
with any order, if both | 22 | | offenses involve the same record keeping violation.
| 23 | | (m) The Secretary shall adopt rules necessary for | 24 | | implementation of this
Section, which may include the | 25 | | imposition of administrative fines.
| 26 | | (Source: P.A. 101-505, eff. 1-1-20 .)
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| 1 | | (625 ILCS 5/5-402) (from Ch. 95 1/2, par. 5-402)
| 2 | | Sec. 5-402. Use of Department of Revenue Uniform Invoice | 3 | | for vehicle. Every person licensed as a new vehicle dealer, as | 4 | | a used vehicle
dealer, or as a motor vehicle financing | 5 | | affiliate shall issue a Uniform
Invoice with respect to each | 6 | | transaction
wherein he disposes of a vehicle, except that | 7 | | where, in the same
transaction, a vehicle dealer transfers | 8 | | more than one vehicle to another
vehicle dealer for the | 9 | | purpose of resale, such seller for resale may issue
one | 10 | | Uniform Invoice to the purchaser covering all the vehicles | 11 | | involved in
that transaction and may report the transfer of | 12 | | all the vehicles involved
in that transaction to the | 13 | | Department on the same Uniform
Invoice-transaction reporting | 14 | | return form. Every person licensed as a
rebuilder shall | 15 | | likewise issue a Uniform Invoice with respect to each
| 16 | | transaction wherein he disposes of a rebuilt or restored | 17 | | vehicle. Such
Uniform Invoice shall be the same document as | 18 | | the transaction reporting
return referred to in Section 3 of | 19 | | the Retailers' Occupation Tax Act. Such
Uniform Invoice shall | 20 | | contain complete financial details of the transaction
in such | 21 | | form as shall be prescribed by the Department of Revenue. Such
| 22 | | Uniform Invoice shall include an affidavit by both the seller | 23 | | and the buyer
that any trade-in title has been properly | 24 | | assigned from the buyer to the
seller and that all information | 25 | | on the Uniform Invoice-transaction
reporting return is true |
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| 1 | | and accurate.
| 2 | | (Source: P.A. 91-415, eff. 1-1-00.)
| 3 | | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
| 4 | | Sec. 5-402.1. Use of Secretary of State Uniform Invoice | 5 | | for Essential
Parts. | 6 | | (a) Except for scrap processors, every person licensed or | 7 | | required
to be licensed under Section 5-101, 5-101.1, 5-102, | 8 | | 5-102.8, or 5-301 of this Code
shall
issue, in a form the | 9 | | Secretary of State may by rule or regulation
prescribe, a | 10 | | Uniform Invoice, which may also act as a bill of sale, made
out | 11 | | in triplicate with respect to each transaction in which he | 12 | | disposes of
an essential part other than quarter panels and | 13 | | transmissions of vehicles
of the first division. Such Invoice | 14 | | shall be made out at the time of the
disposition of the | 15 | | essential part. If the licensee disposes of several
essential | 16 | | parts in the same transaction, the licensee may issue one | 17 | | Uniform
Invoice covering all essential parts disposed of in | 18 | | that transaction.
| 19 | | (b) The following information shall be contained on the | 20 | | Uniform Invoice:
| 21 | | (1) the business name, address and dealer license | 22 | | number of the person
disposing of the essential part;
| 23 | | (2) the name and address of the person acquiring the | 24 | | essential part,
and if that person is a dealer, the | 25 | | Illinois or out-of-state dealer license
number of that |
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| 1 | | dealer;
| 2 | | (3) the date of the disposition of the essential part;
| 3 | | (4) the year, make, model, color and description of | 4 | | each essential part
disposed of by the person;
| 5 | | (5) the manufacturer's vehicle identification number, | 6 | | Secretary of State
identification
number or Illinois | 7 | | Department of State Police identification number,
for each | 8 | | essential
part disposed of by the person;
| 9 | | (6) (blank); and the printed name and legible | 10 | | signature of the person or agent disposing of the
| 11 | | essential part; and
| 12 | | (7) (blank). if the person is a dealer the printed | 13 | | name and legible
signature of the dealer or his agent or | 14 | | employee accepting
delivery of
the essential part.
| 15 | | (c) Except for scrap processors, and except as set forth | 16 | | in subsection
(d) of this Section, whenever a person licensed | 17 | | or
required to be licensed by Section
5-101, 5-101.1, 5-102, | 18 | | or 5-301 accepts delivery of an essential
part, other than | 19 | | quarter panels and transmissions of vehicles of the
first | 20 | | division, that person shall, at the time of the acceptance or
| 21 | | delivery, comply
with the following procedures:
| 22 | | (1) Before acquiring or accepting delivery of any
| 23 | | essential part, the licensee or an
his authorized agent or | 24 | | employee shall inspect the part to determine
whether the | 25 | | vehicle identification number, Secretary of State
| 26 | | identification number, Illinois Department of State Police
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| 1 | | identification number, or identification plate or sticker | 2 | | attached to or
stamped on any part being acquired or | 3 | | delivered has been removed,
falsified, altered, defaced, | 4 | | destroyed, or tampered with. If the licensee
or his agent | 5 | | or employee determines that the vehicle identification | 6 | | number,
Secretary of State identification number, Illinois | 7 | | Department of State
Police identification number, | 8 | | identification plate or identification
sticker containing | 9 | | an identification number, or Federal Certificate label
of | 10 | | an essential part has been removed, falsified, altered, | 11 | | defaced,
destroyed or tampered with, the licensee or agent | 12 | | shall promptly notify law enforcement authorities of the | 13 | | finding not accept or receive
that part .
| 14 | | If that part was physically acquired by or delivered | 15 | | to a licensee or
his agent or employee while that | 16 | | licensee, agent or employee was outside
this State, that | 17 | | licensee or agent or employee shall not bring that
| 18 | | essential part into this State or cause it to be brought | 19 | | into this State.
| 20 | | (2) If the person disposing of or delivering the | 21 | | essential part to
the licensee is a licensed in-state or | 22 | | out-of-state dealer, the licensee or an
his agent or | 23 | | employee, after inspecting the essential part as required | 24 | | by
paragraph (1) of this subsection (c), shall examine the | 25 | | Uniform Invoice, or
bill of sale, as the case may be, to | 26 | | ensure that it contains all the
information required to be |
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| 1 | | provided by persons disposing
of essential parts as set | 2 | | forth in subsection (b) of this Section. If the
Uniform | 3 | | Invoice or bill of sale does not contain all the | 4 | | information
required to be listed by subsection (b) of | 5 | | this Section, the dealer
disposing of or delivering such | 6 | | part or an his agent or employee shall record
such | 7 | | additional information or other needed modifications on | 8 | | the Uniform
Invoice or bill of sale or, if needed, an | 9 | | attachment thereto. The dealer
or an his agent or employee | 10 | | delivering the essential part shall initial all
additions | 11 | | or modifications to the Uniform Invoice or bill of sale | 12 | | and
legibly print his name at the bottom of each document | 13 | | containing his
initials . If the transaction involves a | 14 | | bill of sale rather
than a Uniform Invoice, the licensee | 15 | | or his agent or employee accepting
delivery of or | 16 | | acquiring the essential part shall affix the his printed | 17 | | name
and legible signature of the licensee or agent or | 18 | | employee on the space on the bill of sale provided for a | 19 | | his
signature or, if no space is provided, on the back of | 20 | | the bill of sale.
If the dealer or his agent or
employee | 21 | | disposing of or delivering the essential part cannot or | 22 | | does
not provide all the information required by
| 23 | | subsection (b) of this Section, the licensee or his agent | 24 | | or employee shall promptly notify law enforcement | 25 | | authorities of the finding.
not accept or receive any | 26 | | essential part for which that required
information is not |
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| 1 | | provided. If such essential part for which the
information | 2 | | required is not fully provided was physically acquired | 3 | | while
the licensee or his agent or employee was outside | 4 | | this State, the licensee
or his agent or employee shall | 5 | | not bring that essential part into this
State or cause it | 6 | | to be brought into this State.
| 7 | | (3) If the person disposing of the essential part is | 8 | | not a licensed
dealer, the licensee or an his agent or | 9 | | employee shall, after inspecting the
essential part as | 10 | | required by paragraph (1) of subsection (c) of this
| 11 | | Section verify the identity of the person disposing of
the | 12 | | essential part
by examining 2 sources of identification, | 13 | | one of which shall be either a
driver's license or state | 14 | | identification card. The licensee or his agent
or employee | 15 | | shall then prepare a Uniform Invoice listing all the
| 16 | | information required to be provided by subsection (b) of | 17 | | this Section. In
the space on the Uniform Invoice provided | 18 | | for the dealer license number of
the person disposing of | 19 | | the part, the licensee or his agent or employee
shall list | 20 | | the numbers taken from the documents of identification | 21 | | provided
by the person disposing of the part. The person
| 22 | | disposing of the part
shall affix the his printed name and | 23 | | legible signature of the person disposing of the part on | 24 | | the space on the
Uniform Invoice provided for the person | 25 | | disposing of the
essential part and
the licensee or his | 26 | | agent or employee acquiring the part shall affix the his
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| 1 | | printed name and legible signature of the person acquiring | 2 | | the part on the space provided on the Uniform
Invoice for | 3 | | the person acquiring the essential part. If the person
| 4 | | disposing of the essential part cannot or does not provide | 5 | | all the
information required to be provided by this | 6 | | paragraph, or does not present
2 satisfactory forms of | 7 | | identification, the licensee or his agent or
employee | 8 | | shall not acquire that essential part and shall promptly | 9 | | notify law enforcement authorities of the finding .
| 10 | | (d) If an essential part other than quarter panels and
| 11 | | transmissions of vehicles of the first division was delivered | 12 | | by a licensed commercial
delivery service delivering such part | 13 | | on behalf of a licensed dealer, the
person required to comply | 14 | | with subsection (c) of this Section may conduct
the inspection | 15 | | of that part required by paragraph (1) of subsection (c) and | 16 | | examination
of the Uniform Invoice or bill of sale required by | 17 | | paragraph (2) of subsection (c) of
this Section immediately | 18 | | after the acceptance of the part.
| 19 | | (1) If the inspection of the essential part pursuant | 20 | | to paragraph (1) of subsection
(c) reveals that the | 21 | | vehicle identification number, Secretary of State
| 22 | | identification number, Illinois Department of State Police | 23 | | identification
number, identification plate or sticker | 24 | | containing an identification
number, or Federal | 25 | | Certificate label of an essential part has been removed,
| 26 | | falsified, altered, defaced, destroyed or tampered with, |
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| 1 | | the licensee or an
his agent shall immediately record such | 2 | | fact on the Uniform Invoice or bill
of sale, assign the | 3 | | part an inventory or stock number, place such inventory
or | 4 | | stock number on both the essential part and the Uniform | 5 | | Invoice or bill
of sale, and record the date of the | 6 | | inspection of the part on the Uniform
Invoice or bill of | 7 | | sale.
The licensee shall, within 7 days of such | 8 | | inspection, return such part to
the dealer from whom it | 9 | | was acquired and shall promptly notify law enforcement | 10 | | authorities of the finding .
| 11 | | (2) If the examination of the Uniform Invoice or bill | 12 | | of sale pursuant
to paragraph (2) of subsection (c) | 13 | | reveals that any of the information required to be
listed | 14 | | by subsection (b) of this Section is missing, the licensee | 15 | | or person
required to be licensed shall immediately assign | 16 | | a stock or inventory
number to such part, place such stock | 17 | | or inventory number on both the
essential part and the | 18 | | Uniform Invoice or bill of sale, and record the date
of | 19 | | examination on the Uniform Invoice or bill of sale. The | 20 | | licensee or
person required to be licensed shall acquire | 21 | | the information missing from
the Uniform Invoice or bill | 22 | | of sale within 7 days of the examination of
such Uniform | 23 | | Invoice or bill of sale. Such information may be received | 24 | | by
telephone conversation with the dealer from whom the | 25 | | part was acquired. If
the dealer provides the missing | 26 | | information the licensee shall record such
information on |
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| 1 | | the Uniform Invoice or bill of sale along with the name of
| 2 | | the person providing the information. If the dealer does | 3 | | not provide the
required information within the | 4 | | aforementioned 7 day period, the licensee
shall return the | 5 | | part to that dealer and shall promptly notify law | 6 | | enforcement authorities of the finding .
| 7 | | (e) Except for scrap processors, all persons licensed or | 8 | | required to
be licensed who acquire or
dispose of essential | 9 | | parts other than quarter panels and transmissions of
vehicles | 10 | | of the first division shall retain a copy of the Uniform | 11 | | Invoice
required to be made by subsections (a), (b) and (c) of | 12 | | this Section for a
period of 3 years.
| 13 | | (f) Except for scrap processors, any person licensed or | 14 | | required to
be licensed under Sections 5-101,
5-102 or 5-301 | 15 | | who knowingly fails to record on a Uniform Invoice any of the
| 16 | | information or entries required to be recorded by subsections | 17 | | (a), (b) and
(c) of this Section, or who knowingly places false | 18 | | entries or other misleading
information on such Uniform | 19 | | Invoice, or who knowingly fails to retain for 3 years a
copy of | 20 | | a Uniform Invoice reflecting transactions required to be | 21 | | recorded
by subsections (a), (b) and (c) of this Section, or | 22 | | who knowingly acquires or
disposes of essential parts without | 23 | | receiving, issuing, or executing a
Uniform Invoice reflecting | 24 | | that transaction as required by subsections (a),
(b) and (c) | 25 | | of this Section , or who brings or causes to be brought into
| 26 | | this State essential parts for which the information required |
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| 1 | | to be
recorded on a Uniform Invoice is not recorded as | 2 | | prohibited by subsection
(c) of this Section, or who knowingly | 3 | | fails to comply with the provisions of
this
Section in any | 4 | | other manner shall be guilty of a Class 2 felony. Each
| 5 | | violation shall constitute a separate and distinct offense and | 6 | | a separate
count may be brought in the same indictment or | 7 | | information for each
essential part for which a record was not | 8 | | kept as required by this Section
or for which the person failed | 9 | | to comply with other provisions of this
Section.
| 10 | | (g) The records required to be kept by this Section
may be | 11 | | examined by officers of the Secretary of State's Department of | 12 | | Police a person or persons making a lawful
inspection of the | 13 | | licensee's premises pursuant to Section 5-403.
| 14 | | (h) The records required to be kept by this Section shall | 15 | | be retained by
the licensee at the his principal place of | 16 | | business of the licensee for a period of 3 7 years.
| 17 | | (i) The requirements of this Section shall not apply to | 18 | | the disposition
of an essential part other than a cowl which | 19 | | has been damaged or altered to
a state in which it can no | 20 | | longer be returned to a usable condition and
which is being | 21 | | sold or transferred to a scrap processor or for delivery to
a | 22 | | scrap processor.
| 23 | | (Source: P.A. 101-505, eff. 1-1-20 .)
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