Full Text of HB4513 101st General Assembly
HB4513 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4513 Introduced 2/4/2020, by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/5-401.2 | from Ch. 95 1/2, par. 5-401.2 |
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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.
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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 5-401.2 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 | 8 | | inspections.
| 9 | | (a) Every person licensed or required to be licensed under | 10 | | Section 5-101,
5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or | 11 | | 5-302 of this Code, shall, with the exception of
scrap
| 12 | | processors, maintain for 3 years, in a form as the Secretary of | 13 | | State may by
rule or regulation prescribe, at his established | 14 | | place of business, additional
place of business, or principal | 15 | | place of business if licensed under Section
5-302, the | 16 | | following records relating to the acquisition or disposition of
| 17 | | vehicles , and their essential parts , tire rims, and catalytic | 18 | | converters possessed in this State, brought into this
State | 19 | | from another state, territory or country, or sold or | 20 | | transferred to
another person in this State or in another | 21 | | state, 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 of | 17 | | identification, one of which shall be a drivers
license | 18 | | 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 of | 21 | | 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 cowls, | 26 | | shall apply
only to those essential parts which are 6 model |
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| 1 | | years of age or newer. In
determining the model year of | 2 | | 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 to | 5 | | the essential part itself
acquired by the licensee denotes | 6 | | the model year of that essential part.
This presumption, | 7 | | however, shall not apply if the gross appearance of the
| 8 | | essential part does not correspond to the year, make or | 9 | | model of either the
identification number of the vehicle | 10 | | from which the essential part is
alleged to have come or | 11 | | the identification number which is affixed to the
essential | 12 | | part itself. To determine whether an essential part is 6 | 13 | | years
of age or newer within this paragraph, the model year | 14 | | of the
essential part shall be subtracted from the calendar | 15 | | year in which the
essential part is acquired or disposed of | 16 | | by the licensee. If the
remainder is 6 or less, the record | 17 | | of the acquisition or disposition of
that essential part | 18 | | shall be kept as required by this Section.
| 19 | | (F) The requirements of paragraph (2) of subsection (a) | 20 | | of this
Section shall not apply to the disposition of an | 21 | | essential part other than
a cowl which has been damaged or | 22 | | altered to a state in which it can no
longer be returned to | 23 | | a usable condition and which is being sold or
transferred | 24 | | to a scrap processor or for delivery to a scrap processor.
| 25 | | (3) the following records for vehicles on which junking | 26 | | certificates are
obtained 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 number | 4 | | or, if
applicable, the Secretary of State or Illinois | 5 | | Department of State Police
identification number;
| 6 | | (C) the date the vehicle was acquired;
| 7 | | (D) the name and address of the person from whom the | 8 | | vehicle was
acquired and, if that person is a dealer, the | 9 | | Illinois or out-of-state
dealer license number of that | 10 | | person;
| 11 | | (E) the certificate of title number or salvage | 12 | | certificate number for
the vehicle, if applicable;
| 13 | | (F) the junking certificate number obtained by the | 14 | | licensee; this entry
shall be recorded at the close of | 15 | | business of the fifth business
day after
receiving the | 16 | | junking certificate;
| 17 | | (G) the name and address of the person to whom the | 18 | | junking certificate
has been assigned, if applicable, and | 19 | | if that person is a dealer, the Illinois
or out-of-state | 20 | | dealer license number of that dealer;
| 21 | | (H) if the vehicle or any part of the vehicle is | 22 | | dismantled for its
parts to be disposed of in any way, or | 23 | | if such parts are to be used by the
licensee to materially | 24 | | alter a vehicle, those essential parts shall be
recorded | 25 | | and the entries required by
paragraph (2) of subsection (a) | 26 | | shall be made.
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| 1 | | (4) The following records for rebuilt vehicles shall be | 2 | | kept:
| 3 | | (A) the year, make, model, style and color of the | 4 | | vehicle;
| 5 | | (B) the vehicle's manufacturer's identification number | 6 | | of the vehicle
or, if applicable, the Secretary of State or | 7 | | Illinois 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 salvage certificate number for the vehicle;
| 14 | | (F) the newly issued certificate of title number for | 15 | | the vehicle;
| 16 | | (G) the date of disposition of the vehicle;
| 17 | | (H) the name and address of the person to whom the | 18 | | vehicle was
disposed, and if a dealer, the Illinois or | 19 | | out-of-state dealer license
number of that dealer;
| 20 | | (I) The sale price of the vehicle.
| 21 | | (5) The following records pertaining to tire rims shall be | 22 | | kept: | 23 | | (A) the date of the acquisition of each tire rim; and | 24 | | (B) the name and address of the person from whom the | 25 | | tire rim was acquired and, if that person is a dealer, the | 26 | | Illinois or out-of-state dealer license number of such |
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| 1 | | person; if the tire rim being acquired is from a person | 2 | | other than a dealer, the licensee shall verify and record | 3 | | that person's identity by recording the identification | 4 | | numbers from at least 2 sources of identification, one of | 5 | | which shall be a driver's license or State identification | 6 | | card. | 7 | | (6) The following records pertaining to catalytic | 8 | | converters shall be kept: | 9 | | (A) the date of the acquisition of each catalytic | 10 | | converter; and | 11 | | (B) the name and address of the person from whom the | 12 | | catalytic converter was acquired and, if that person is a | 13 | | dealer, the Illinois or out-of-state dealer license number | 14 | | of such person; if the catalytic converter being acquired | 15 | | is from a person other than a dealer, the licensee shall | 16 | | verify and record that person's identity by recording the | 17 | | identification numbers from at least 2 sources of | 18 | | identification, one of which shall be a driver's license or | 19 | | State identification card. | 20 | | (a-1) A person licensed or required to be licensed under | 21 | | Section 5-101 or
Section 5-102 of this Code who issues | 22 | | temporary registration permits as
permitted by
this Code and by | 23 | | rule must electronically file the registration with the
| 24 | | Secretary and must maintain records of the registration in the | 25 | | manner
prescribed by the Secretary.
| 26 | | (b) A failure to make separate entries for each vehicle |
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| 1 | | acquired,
disposed of, or assigned, or a failure to record any | 2 | | of the specific
information required to be recorded concerning | 3 | | the acquisition or
disposition of each vehicle as set forth in | 4 | | paragraphs (1),
(3) and (4) of subsection (a) shall constitute | 5 | | a failure to keep records.
| 6 | | (c) All entries relating to the acquisition of a vehicle or | 7 | | essential
part required by subsection (a) of this Section shall | 8 | | be recorded no later than
the close of business on the seventh | 9 | | calendar day following such acquisition.
All entries relating | 10 | | to the disposition of a vehicle or an essential part
shall be | 11 | | made at the time of such disposition. If the vehicle or | 12 | | essential
part was disposed of on the same day as its | 13 | | acquisition or the day
thereafter, the entries relating to the | 14 | | acquisition of the vehicle or
essential part shall be made at | 15 | | the time of the disposition of the vehicle
or essential part. | 16 | | Failure to make the entries required in or at the times
| 17 | | prescribed by this subsection following the acquisition or | 18 | | disposition of
such vehicle or essential part shall constitute | 19 | | a failure to keep records.
| 20 | | (d) Every person licensed or required to be licensed shall,
| 21 | | before accepting delivery of a used vehicle, inspect the
| 22 | | vehicle to determine whether the manufacturer's public vehicle
| 23 | | identification number has been defaced, destroyed,
falsified, | 24 | | removed, altered, or tampered with in any way. If the person
| 25 | | making the inspection determines that the manufacturer's | 26 | | public vehicle
identification number has been altered, |
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| 1 | | removed, defaced, destroyed,
falsified or tampered with he | 2 | | shall not acquire that vehicle but instead
shall promptly | 3 | | notify law enforcement authorities of his finding.
| 4 | | (e) The information required to be kept in subsection (a) | 5 | | of this
Section shall be kept in a manner prescribed by rule or | 6 | | regulation of the
Secretary of State.
| 7 | | (f) Every person licensed or required to be licensed shall | 8 | | have in his
possession a separate certificate of title, salvage | 9 | | certificate, junking
certificate, certificate of purchase, | 10 | | uniform invoice, out-of-state bill of
sale or other acceptable | 11 | | documentary evidence of his right to the
possession of every | 12 | | vehicle or essential part.
| 13 | | (g) Every person licensed or required to be licensed as a | 14 | | transporter
under Section 5-201 shall maintain for 3 years, in | 15 | | such form as the
Secretary of State may by rule or regulation | 16 | | prescribe, at his principal
place of business a record of every | 17 | | vehicle transported by him, including
numbers of or other marks | 18 | | of identification thereof, the names and
addresses of persons | 19 | | from whom and to whom the vehicle was delivered and
the dates | 20 | | of delivery.
| 21 | | (h) No later than 15 days prior to going out of business, | 22 | | selling the
business, or transferring the ownership of the | 23 | | business, the licensee shall
notify the Secretary of State that | 24 | | he is going out of business or that he
is transferring the | 25 | | ownership of the business. Failure to notify under this
| 26 | | paragraph shall constitute a failure to keep records.
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| 1 | | (i) (Blank).
| 2 | | (j) A person who knowingly fails to comply with the | 3 | | provisions of this
Section or
knowingly fails to obey, observe, | 4 | | or comply with any order of the Secretary or
any law
| 5 | | enforcement agency issued
in accordance with this Section is | 6 | | guilty of a Class B misdemeanor for the
first violation and a | 7 | | Class A misdemeanor for the second and subsequent
violations. | 8 | | Each violation constitutes a separate and distinct offense and | 9 | | a
separate count may be brought in the same indictment or | 10 | | information for each
vehicle or each essential part of a | 11 | | vehicle for which a record was not kept as
required by this | 12 | | Section.
| 13 | | (k) Any person convicted of failing to keep the records | 14 | | required by this
Section with intent to conceal the identity or | 15 | | origin of a vehicle or its
essential parts or with intent to | 16 | | defraud the public in the transfer or sale of
vehicles or their | 17 | | essential parts is guilty of a Class 2 felony. Each violation
| 18 | | constitutes a separate and distinct offense and a separate | 19 | | count may be brought
in the same indictment or information for | 20 | | each vehicle or
essential part of a vehicle for which a record | 21 | | was not kept as required by this
Section.
| 22 | | (l) A person may not be criminally charged with or | 23 | | convicted of both a
knowing failure to comply with this Section | 24 | | and a knowing failure to comply
with any order, if both | 25 | | offenses involve the same record keeping violation.
| 26 | | (m) The Secretary shall adopt rules necessary for |
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| 1 | | implementation of this
Section, which may include the | 2 | | imposition of administrative fines.
| 3 | | (Source: P.A. 101-505, eff. 1-1-20 .)
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