Full Text of HB2953 97th General Assembly
HB2953 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2953 Introduced 2/23/2011, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/5-301 | from Ch. 95 1/2, par. 5-301 |
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Amends the Illinois Vehicle Code. Provides that an automotive repairer is not required to be open for business for any minimum number of hours and days. Provides that an automotive repairer must: (1) maintain a schedule of regular hours and days in which the automotive repairer is open for business; (2) file a notice with the Secretary of State setting forth that schedule and a list of any periods of the year during which the automotive repairer is closed; and (3) file an updated notice with the Secretary whenever there is any change in the information in the schedule or periods of closure. Provides that the Secretary shall adopt rules to implement the new requirements. Effective immediately.
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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 changing | 5 | | Section 5-301 as follows:
| 6 | | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| 7 | | Sec. 5-301. Automotive parts recyclers, scrap processors, | 8 | | repairers and
rebuilders must be licensed.
| 9 | | (a) No person in this State shall, except as an incident to
| 10 | | the servicing of vehicles, carry on or conduct the business
of | 11 | | 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.
| 19 | | (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:
| 22 | | 1. The name and type of business organization of the | 23 | | applicant and
his principal or additional places of |
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| 1 | | business, if any, in this State.
| 2 | | 2. The kind or kinds of business enumerated in | 3 | | subsection (a) of
this Section to be conducted at each | 4 | | location.
| 5 | | 3. If the applicant is a corporation, a list of its | 6 | | officers,
directors, and shareholders having a ten percent | 7 | | or greater ownership
interest in the corporation, setting | 8 | | forth the residence address of each;
if the applicant is a | 9 | | sole proprietorship, a partnership, an unincorporated
| 10 | | association, a trust, or any similar form of business | 11 | | organization, the
names and residence address of the | 12 | | proprietor or of each partner, member,
officer, director, | 13 | | trustee or manager.
| 14 | | 4. A statement that the applicant's officers, | 15 | | directors, shareholders
having a ten percent or greater | 16 | | ownership interest therein, proprietor,
partner, member, | 17 | | officer, director, trustee, manager, or other principals
| 18 | | in the business have not committed in the past three years | 19 | | any one
violation as determined in any civil or criminal or | 20 | | administrative
proceedings of any one of the following | 21 | | Acts:
| 22 | | (a) The Anti Theft Laws of the Illinois Vehicle | 23 | | Code;
| 24 | | (b) The "Certificate of Title Laws" of the Illinois | 25 | | Vehicle Code;
| 26 | | (c) The "Offenses against Registration and |
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| 1 | | Certificates of Title Laws"
of the Illinois Vehicle | 2 | | Code;
| 3 | | (d) The "Dealers, Transporters, Wreckers and | 4 | | Rebuilders Laws" of the
Illinois Vehicle Code;
| 5 | | (e) Section 21-2 of the Criminal Code of 1961, | 6 | | Criminal Trespass to
Vehicles; or
| 7 | | (f) The Retailers Occupation Tax Act.
| 8 | | 5. A statement that the applicant's officers, | 9 | | directors, shareholders
having a ten percent or greater | 10 | | ownership interest therein, proprietor,
partner, member, | 11 | | officer, director, trustee, manager or other principals
in | 12 | | the business have not committed in any calendar year 3 or | 13 | | more
violations, as determined in any civil or criminal or | 14 | | administrative
proceedings, of any one or more of the | 15 | | following Acts:
| 16 | | (a) The Consumer Finance Act;
| 17 | | (b) The Consumer Installment Loan Act;
| 18 | | (c) The Retail Installment Sales Act;
| 19 | | (d) The Motor Vehicle Retail Installment Sales | 20 | | Act;
| 21 | | (e) The Interest Act;
| 22 | | (f) The Illinois Wage Assignment Act;
| 23 | | (g) Part 8 of Article XII of the Code of Civil | 24 | | Procedure; or
| 25 | | (h) The Consumer Fraud Act.
| 26 | | 6. An application for a license shall be accompanied by |
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| 1 | | the
following fees:
$50 for applicant's established place | 2 | | of business;
$25 for each
additional place of business, if | 3 | | any, to which the application pertains;
provided, however, | 4 | | that if such an application is made after June 15 of
any | 5 | | year, the license fee shall be $25 for applicant's | 6 | | established
place
of business plus $12.50 for each | 7 | | additional place of business, if
any,
to which the | 8 | | application pertains. License fees shall be returnable | 9 | | only
in the event that such application shall be denied by | 10 | | the Secretary of
State.
| 11 | | 7. A statement that the applicant understands Chapter 1 | 12 | | through
Chapter 5 of this Code.
| 13 | | 8. A statement that the applicant shall comply with
| 14 | | subsection (e)
of this Section.
| 15 | | (c) Any change which renders no longer accurate any | 16 | | information
contained in any application for a license filed | 17 | | with the Secretary of
State shall be amended within 30 days | 18 | | after the occurrence of such
change on such form as the | 19 | | Secretary of State may prescribe by rule or
regulation, | 20 | | accompanied by an amendatory fee of $2.
| 21 | | (d) Anything in this chapter to the contrary, | 22 | | notwithstanding, no
person shall be licensed under this Section | 23 | | unless such person shall
maintain an established place of | 24 | | business as defined in this Chapter.
| 25 | | (e) The Secretary of State shall within a reasonable time | 26 | | after
receipt thereof, examine an application submitted to him |
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| 1 | | under this
Section and unless he makes a determination that the | 2 | | application
submitted to him does not conform with the | 3 | | requirements of this Section
or that grounds exist for a denial | 4 | | of the application, as prescribed in
Section 5-501 of this | 5 | | Chapter, grant the applicant an original license
as applied for | 6 | | in writing for his established place of business and a
| 7 | | supplemental license in writing for each additional place of
| 8 | | business in such form as he may prescribe by rule or regulation | 9 | | which shall
include the following:
| 10 | | 1. The name of the person licensed;
| 11 | | 2. If a corporation, the name and address of its | 12 | | officers or if a
sole proprietorship, a partnership, an | 13 | | unincorporated association or any
similar form of business | 14 | | organization, the name and address of the
proprietor or of | 15 | | each partner, member, officer, director, trustee or | 16 | | manager;
| 17 | | 3. A designation of the kind or kinds of business | 18 | | enumerated in
subsection (a) of this Section to be | 19 | | conducted at each location;
| 20 | | 4. In the case of an original license, the established | 21 | | place of
business of the licensee;
| 22 | | 5. In the case of a supplemental license, the | 23 | | established place of
business of the licensee and the | 24 | | additional place of business to which such
supplemental | 25 | | license pertains.
| 26 | | (f) The appropriate instrument evidencing the license or a |
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| 1 | | certified
copy thereof, provided by the Secretary of State | 2 | | shall be kept, posted,
conspicuously in the established place | 3 | | of business of the
licensee and in each additional place of | 4 | | business, if any, maintained by
such licensee. The licensee | 5 | | also shall post conspicuously in the
established place of | 6 | | business and in each additional place of business a
notice | 7 | | which states that such business is required to be licensed by | 8 | | the
Secretary of State under Section 5-301, and which provides | 9 | | the license
number of the business and the license expiration | 10 | | date. This notice also
shall advise the consumer that any | 11 | | complaints as to the quality of service
may be brought to the | 12 | | attention of the Attorney General. The information
required on | 13 | | this notice also shall be printed conspicuously on all
| 14 | | estimates and receipts for work by the licensee subject to this | 15 | | Section.
The Secretary of State shall prescribe the specific | 16 | | format of this notice.
| 17 | | (g) Except as provided in subsection (h) hereof, licenses | 18 | | granted
under this Section shall expire by operation of law on | 19 | | December 31 of
the calendar year for which they are granted | 20 | | unless sooner revoked or
cancelled under the provisions of | 21 | | Section 5-501 of this Chapter.
| 22 | | (h) Any license granted under this Section may be renewed | 23 | | upon
application and payment of the fee required herein as in | 24 | | the case of an
original license, provided, however, that in | 25 | | case an application for the
renewal of an effective license is | 26 | | made during the month of December,
such effective license shall |
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| 1 | | remain in force until such application is
granted or denied by | 2 | | the Secretary of State.
| 3 | | (i) All automotive
repairers and
rebuilders shall, in | 4 | | addition to the requirements of subsections (a)
through
(h) of | 5 | | this Section, meet the following licensing requirements:
| 6 | | 1. Provide proof that the property on which first time
| 7 | | applicants plan to
do business is in compliance with local | 8 | | zoning laws and regulations, and
a listing of zoning | 9 | | classification;
| 10 | | 2. Provide proof that the applicant for a repairer's
| 11 | | license complies
with the proper workers' compensation | 12 | | rate code or classification, and
listing the code of | 13 | | classification for that industry;
| 14 | | 3. Provide proof that the applicant for a rebuilder's
| 15 | | license complies
with the proper workers' compensation | 16 | | rate code or classification for the
repair industry or the | 17 | | auto parts recycling industry and listing the code
of | 18 | | classification;
| 19 | | 4. Provide proof that the applicant has obtained or
| 20 | | applied for a
hazardous waste generator number, and listing | 21 | | the actual number if
available or certificate of exemption;
| 22 | | 5. Provide proof that applicant has proper liability
| 23 | | insurance, and
listing the name of the insurer and the | 24 | | policy number; and
| 25 | | 6. Provide proof that the applicant has obtained or
| 26 | | applied for the proper
State sales tax classification and |
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| 1 | | federal identification tax number, and
listing the actual | 2 | | numbers if available.
| 3 | | (i-1) All automotive repairers shall provide proof that | 4 | | they comply with all requirements of the Automotive Collision | 5 | | Repair Act.
| 6 | | (j) All automotive
parts
recyclers shall, in addition to | 7 | | the requirements of subsections (a) through
(h) of this | 8 | | Section, meet the following licensing requirements:
| 9 | | 1. A statement that the applicant purchases 5 vehicles
| 10 | | per year or has 5
hulks or chassis in stock;
| 11 | | 2. Provide proof that the property on which all first
| 12 | | time applicants will
do business does comply to the proper | 13 | | local zoning laws in existence, and
a listing of zoning | 14 | | classifications;
| 15 | | 3. Provide proof that applicant complies with the
| 16 | | proper workers'
compensation rate code or classification, | 17 | | and listing the code of
classification; and
| 18 | | 4. Provide proof that applicant has obtained or
applied | 19 | | for the proper
State sales tax classification and federal | 20 | | identification tax number, and
listing the actual numbers | 21 | | if available.
| 22 | | (k) An automotive repairer is not required to be open for | 23 | | business for any minimum number of hours and days; however, an | 24 | | automotive repairer must, as a condition of licensure: | 25 | | (1) maintain a schedule of regular hours and days in | 26 | | which the automotive repairer is open for business; |
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| 1 | | (2) file a notice with the Secretary of State setting | 2 | | forth that schedule and a list of any periods of the year | 3 | | during which the automotive repairer is closed; and | 4 | | (3) file an updated notice with the Secretary of State | 5 | | whenever there is any change in the information in the | 6 | | schedule or periods of closure. | 7 | | The Secretary shall adopt rules to implement this | 8 | | subsection (k). | 9 | | (Source: P.A. 94-784, eff. 1-1-07.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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