Full Text of HB1195 94th General Assembly
HB1195eng 94TH GENERAL ASSEMBLY
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HB1195 Engrossed |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 5-301 as follows:
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| (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
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| Sec. 5-301. Automotive parts recyclers, scrap processors, | 8 |
| repairers and
rebuilders must be licensed.
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| (a) No person in this State shall, except as an incident to
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| the servicing of vehicles, carry on or conduct the business
of | 11 |
| a automotive parts recyclers, a scrap processor, a repairer,
or | 12 |
| a rebuilder, unless licensed to do so in writing by the | 13 |
| Secretary of
State under this Section. No person shall rebuild | 14 |
| a salvage vehicle
unless such person is licensed as a rebuilder | 15 |
| by the Secretary of State
under this Section. Each license | 16 |
| shall be applied for and issued
separately, except that a | 17 |
| license issued to a new vehicle dealer under
Section 5-101 of | 18 |
| this Code shall also be deemed to be a repairer license.
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| (b) Any application filed with the Secretary of State, | 20 |
| shall be duly
verified by oath, in such form as the Secretary | 21 |
| of State may by rule or
regulation prescribe and shall contain:
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| 1. The name and type of business organization of the | 23 |
| applicant and
his principal or additional places of | 24 |
| business, if any, in this State.
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| 2. The kind or kinds of business enumerated in | 26 |
| subsection (a) of
this Section to be conducted at each | 27 |
| location.
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| 3. If the applicant is a corporation, a list of its | 29 |
| officers,
directors, and shareholders having a ten percent | 30 |
| or greater ownership
interest in the corporation, setting | 31 |
| forth the residence address of each;
if the applicant is a | 32 |
| sole proprietorship, a partnership, an unincorporated
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| association, a trust, or any similar form of business | 2 |
| organization, the
names and residence address of the | 3 |
| proprietor or of each partner, member,
officer, director, | 4 |
| trustee or manager.
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| 4. A statement that the applicant's officers, | 6 |
| directors, shareholders
having a ten percent or greater | 7 |
| ownership interest therein, proprietor,
partner, member, | 8 |
| officer, director, trustee, manager, or other principals
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| in the business have not committed in the past three years | 10 |
| any one
violation as determined in any civil or criminal or | 11 |
| administrative
proceedings of any one of the following | 12 |
| Acts:
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| (a) The Anti Theft Laws of the Illinois Vehicle | 14 |
| Code;
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| (b) The "Certificate of Title Laws" of the Illinois | 16 |
| Vehicle Code;
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| (c) The "Offenses against Registration and | 18 |
| Certificates of Title Laws"
of the Illinois Vehicle | 19 |
| Code;
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| (d) The "Dealers, Transporters, Wreckers and | 21 |
| Rebuilders Laws" of the
Illinois Vehicle Code;
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| (e) Section 21-2 of the Criminal Code of 1961, | 23 |
| Criminal Trespass to
Vehicles; or
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| (f) The Retailers Occupation Tax Act.
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| 5. A statement that the applicant's officers, | 26 |
| directors, shareholders
having a ten percent or greater | 27 |
| ownership interest therein, proprietor,
partner, member, | 28 |
| officer, director, trustee, manager or other principals
in | 29 |
| the business have not committed in any calendar year 3 or | 30 |
| more
violations, as determined in any civil or criminal or | 31 |
| administrative
proceedings, of any one or more of the | 32 |
| following Acts:
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| (a) The Consumer Finance Act;
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| (b) The Consumer Installment Loan Act;
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| (c) The Retail Installment Sales Act;
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| (d) The Motor Vehicle Retail Installment Sales |
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| Act;
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| (e) The Interest Act;
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| (f) The Illinois Wage Assignment Act;
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| (g) Part 8 of Article XII of the Code of Civil | 5 |
| Procedure; or
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| (h) The Consumer Fraud Act.
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| 6. An application for a license shall be accompanied by | 8 |
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following fees:
$50 for applicant's established place | 9 |
| of business;
$25 for each
additional place of business, if | 10 |
| any, to which the application pertains;
provided, however, | 11 |
| that if such an application is made after June 15 of
any | 12 |
| year, the license fee shall be $25 for applicant's | 13 |
| established
place
of business plus $12.50 for each | 14 |
| additional place of business, if
any,
to which the | 15 |
| application pertains. License fees shall be returnable | 16 |
| only
in the event that such application shall be denied by | 17 |
| the Secretary of
State.
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| 7. A statement that the applicant understands Chapter 1 | 19 |
| through
Chapter 5 of this Code.
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| 8. A statement that the applicant shall comply with
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| subsection (e)
of this Section.
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| (c) Any change which renders no longer accurate any | 23 |
| information
contained in any application for a license filed | 24 |
| with the Secretary of
State shall be amended within 30 days | 25 |
| after the occurrence of such
change on such form as the | 26 |
| Secretary of State may prescribe by rule or
regulation, | 27 |
| accompanied by an amendatory fee of $2.
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| (d) Anything in this chapter to the contrary, | 29 |
| notwithstanding, no
person shall be licensed under this Section | 30 |
| unless such person shall
maintain an established place of | 31 |
| business as defined in this Chapter.
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| (e) The Secretary of State shall within a reasonable time | 33 |
| after
receipt thereof, examine an application submitted to him | 34 |
| under this
Section and unless he makes a determination that the | 35 |
| application
submitted to him does not conform with the | 36 |
| requirements of this Section
or that grounds exist for a denial |
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| of the application, as prescribed in
Section 5-501 of this | 2 |
| Chapter, grant the applicant an original license
as applied for | 3 |
| in writing for his established place of business and a
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| supplemental license in writing for each additional place of
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| business in such form as he may prescribe by rule or regulation | 6 |
| which shall
include the following:
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| 1. The name of the person licensed;
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| 2. If a corporation, the name and address of its | 9 |
| officers or if a
sole proprietorship, a partnership, an | 10 |
| unincorporated association or any
similar form of business | 11 |
| organization, the name and address of the
proprietor or of | 12 |
| each partner, member, officer, director, trustee or | 13 |
| manager;
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| 3. A designation of the kind or kinds of business | 15 |
| enumerated in
subsection (a) of this Section to be | 16 |
| conducted at each location;
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| 4. In the case of an original license, the established | 18 |
| place of
business of the licensee;
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| 5. In the case of a supplemental license, the | 20 |
| established place of
business of the licensee and the | 21 |
| additional place of business to which such
supplemental | 22 |
| license pertains.
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| (f) The appropriate instrument evidencing the license or a | 24 |
| certified
copy thereof, provided by the Secretary of State | 25 |
| shall be kept, posted,
conspicuously in the established place | 26 |
| of business of the
licensee and in each additional place of | 27 |
| business, if any, maintained by
such licensee. The licensee | 28 |
| also shall post conspicuously in the
established place of | 29 |
| business and in each additional place of business a
notice | 30 |
| which states that such business is required to be licensed by | 31 |
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Secretary of State under Section 5-301, and which provides | 32 |
| the license
number of the business and the license expiration | 33 |
| date. This notice also
shall advise the consumer that any | 34 |
| complaints as to the quality of service
may be brought to the | 35 |
| attention of the Attorney General. The information
required on | 36 |
| this notice also shall be printed conspicuously on all
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| estimates and receipts for work by the licensee subject to this | 2 |
| Section.
The Secretary of State shall prescribe the specific | 3 |
| format of this notice.
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| (g) Except as provided in subsection (h) hereof, licenses | 5 |
| granted
under this Section shall expire by operation of law on | 6 |
| December 31 of
the calendar year for which they are granted | 7 |
| unless sooner revoked or
cancelled under the provisions of | 8 |
| Section 5-501 of this Chapter.
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| (h) Any license granted under this Section may be renewed | 10 |
| upon
application and payment of the fee required herein as in | 11 |
| the case of an
original license, provided, however, that in | 12 |
| case an application for the
renewal of an effective license is | 13 |
| made during the month of December,
such effective license shall | 14 |
| remain in force until such application is
granted or denied by | 15 |
| the Secretary of State.
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| (i) All automotive
repairers and
rebuilders shall, in | 17 |
| addition to the requirements of subsections (a)
through
(h) of | 18 |
| this Section, meet the following licensing requirements:
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| 1. Provide proof that the property on which first time
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| applicants plan to
do business is in compliance with local | 21 |
| zoning laws and regulations, and
a listing of zoning | 22 |
| classification;
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| 2. Provide proof that the applicant for a repairer's
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| license complies
with the proper workers' compensation | 25 |
| rate code or classification, and
listing the code of | 26 |
| classification for that industry;
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| 3. Provide proof that the applicant for a rebuilder's
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| license complies
with the proper workers' compensation | 29 |
| rate code or classification for the
repair industry or the | 30 |
| auto parts recycling industry and listing the code
of | 31 |
| classification;
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| 4. Provide proof that the applicant has obtained or
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| applied for a
hazardous waste generator number, and listing | 34 |
| the actual number if
available or certificate of exemption;
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| 5. Provide proof that applicant has proper liability
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| insurance, and
listing the name of the insurer and the |
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| policy number; and
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| 6. Provide proof that the applicant has obtained or
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| applied for the proper
State sales tax classification and | 4 |
| federal identification tax number, and
listing the actual | 5 |
| numbers if available ; and
.
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| 7. Provide proof that the applicant complies with all | 7 |
| requirements of the Automotive Collision Repair Act, | 8 |
| including the display of required signs, the use of | 9 |
| statements to authorize repair, and the provision of | 10 |
| written estimates.
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| (j) All automotive
parts
recyclers shall, in addition to | 12 |
| the requirements of subsections (a) through
(h) of this | 13 |
| Section, meet the following licensing requirements:
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| 1. A statement that the applicant purchases 5 vehicles
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| per year or has 5
hulks or chassis in stock;
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| 2. Provide proof that the property on which all first
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| time applicants will
do business does comply to the proper | 18 |
| local zoning laws in existence, and
a listing of zoning | 19 |
| classifications;
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| 3. Provide proof that applicant complies with the
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| proper workers'
compensation rate code or classification, | 22 |
| and listing the code of
classification; and
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| 4. Provide proof that applicant has obtained or
applied | 24 |
| for the proper
State sales tax classification and federal | 25 |
| identification tax number, and
listing the actual numbers | 26 |
| if available.
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| (Source: P.A. 89-189, eff. 1-1-96.)
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