Public Act 102-0318
 
SB1542 EnrolledLRB102 15769 RAM 21136 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by
changing Section 5-402.1 as follows:
 
    (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)
    Sec. 5-402.1. Use of Secretary of State Uniform Invoice
for Essential Parts.
    (a) Except for scrap processors, every person licensed or
required to be licensed under Section 5-101, 5-101.1, 5-102,
5-102.8, or 5-301 of this Code shall issue, in a form the
Secretary of State may by rule or regulation prescribe, a
Uniform Invoice, which may also act as a bill of sale, made out
in triplicate with respect to each transaction in which he
disposes of an essential part other than quarter panels and
transmissions of vehicles of the first division. Such Invoice
shall be made out at the time of the disposition of the
essential part. If the licensee disposes of several essential
parts in the same transaction, the licensee may issue one
Uniform Invoice covering all essential parts disposed of in
that transaction.
    (b) The following information shall be contained on the
Uniform Invoice:
        (1) the business name, address and dealer license
    number of the person disposing of the essential part;
        (2) the name and address of the person acquiring the
    essential part, and if that person is a dealer, the
    Illinois or out-of-state dealer license number of that
    dealer;
        (3) the date of the disposition of the essential part;
        (4) the year, make, model, color and description of
    each essential part disposed of by the person;
        (5) the manufacturer's vehicle identification number,
    Secretary of State identification number or Illinois
    Department of State Police identification number, for each
    essential part disposed of by the person;
        (6) the printed name and legible signature of the
    person or agent disposing of the essential part; and
        (7) if the person is a dealer the printed name and
    legible signature of the dealer or his agent or employee
    accepting delivery of the essential part.
    (c) Except for scrap processors, and except as set forth
in subsection (d) of this Section, whenever a person licensed
or required to be licensed by Section 5-101, 5-101.1, 5-102,
or 5-301 accepts delivery of an essential part, other than
quarter panels and transmissions of vehicles of the first
division, that person shall, at the time of the acceptance or
delivery, comply with the following procedures:
        (1) Before acquiring or accepting delivery of any
    essential part, the licensee or his authorized agent or
    employee shall inspect the part to determine whether the
    vehicle identification number, Secretary of State
    identification number, Illinois Department of State Police
    identification number, or identification plate or sticker
    attached to or stamped on any part being acquired or
    delivered has been removed, falsified, altered, defaced,
    destroyed, or tampered with. If the licensee or his agent
    or employee determines that the vehicle identification
    number, Secretary of State identification number, Illinois
    Department of State Police identification number,
    identification plate or identification sticker containing
    an identification number, or Federal Certificate label of
    an essential part has been removed, falsified, altered,
    defaced, destroyed or tampered with, the licensee or agent
    shall not accept or receive that part.
        If that part was physically acquired by or delivered
    to a licensee or his agent or employee while that
    licensee, agent or employee was outside this State, that
    licensee or agent or employee shall not bring that
    essential part into this State or cause it to be brought
    into this State.
        (2) If the person disposing of or delivering the
    essential part to the licensee is a licensed in-state or
    out-of-state dealer, the licensee or his agent or
    employee, after inspecting the essential part as required
    by paragraph (1) of this subsection (c), shall examine the
    Uniform Invoice, or bill of sale, as the case may be, to
    ensure that it contains all the information required to be
    provided by persons disposing of essential parts as set
    forth in subsection (b) of this Section. If the Uniform
    Invoice or bill of sale does not contain all the
    information required to be listed by subsection (b) of
    this Section, the dealer disposing of or delivering such
    part or his agent or employee shall record such additional
    information or other needed modifications on the Uniform
    Invoice or bill of sale or, if needed, an attachment
    thereto. The dealer or his agent or employee delivering
    the essential part shall initial all additions or
    modifications to the Uniform Invoice or bill of sale and
    legibly print his name at the bottom of each document
    containing his initials. If the transaction involves a
    bill of sale rather than a Uniform Invoice, the licensee
    or his agent or employee accepting delivery of or
    acquiring the essential part shall affix his printed name
    and legible signature on the space on the bill of sale
    provided for his signature or, if no space is provided, on
    the back of the bill of sale. If the dealer or his agent or
    employee disposing of or delivering the essential part
    cannot or does not provide all the information required by
    subsection (b) of this Section, the licensee or his agent
    or employee shall not accept or receive any essential part
    for which that required information is not provided. If
    such essential part for which the information required is
    not fully provided was physically acquired while the
    licensee or his agent or employee was outside this State,
    the licensee or his agent or employee shall not bring that
    essential part into this State or cause it to be brought
    into this State.
        (3) If the person disposing of the essential part is
    not a licensed dealer, the licensee or his agent or
    employee shall, after inspecting the essential part as
    required by paragraph (1) of subsection (c) of this
    Section verify the identity of the person disposing of the
    essential part by examining 2 sources of identification,
    one of which shall be either a driver's license or state
    identification card. The licensee or his agent or employee
    shall then prepare a Uniform Invoice listing all the
    information required to be provided by subsection (b) of
    this Section. In the space on the Uniform Invoice provided
    for the dealer license number of the person disposing of
    the part, the licensee or his agent or employee shall list
    the numbers taken from the documents of identification
    provided by the person disposing of the part. The person
    disposing of the part shall affix his printed name and
    legible signature on the space on the Uniform Invoice
    provided for the person disposing of the essential part
    and the licensee or his agent or employee acquiring the
    part shall affix his printed name and legible signature on
    the space provided on the Uniform Invoice for the person
    acquiring the essential part. If the person disposing of
    the essential part cannot or does not provide all the
    information required to be provided by this paragraph, or
    does not present 2 satisfactory forms of identification,
    the licensee or his agent or employee shall not acquire
    that essential part.
    (d) If an essential part other than quarter panels and
transmissions of vehicles of the first division was delivered
by a licensed commercial delivery service delivering such part
on behalf of a licensed dealer, the person required to comply
with subsection (c) of this Section may conduct the inspection
of that part required by paragraph (1) of subsection (c) and
examination of the Uniform Invoice or bill of sale required by
paragraph (2) of subsection (c) of this Section immediately
after the acceptance of the part.
        (1) If the inspection of the essential part pursuant
    to paragraph (1) of subsection (c) reveals that the
    vehicle identification number, Secretary of State
    identification number, Illinois Department of State Police
    identification number, identification plate or sticker
    containing an identification number, or Federal
    Certificate label of an essential part has been removed,
    falsified, altered, defaced, destroyed or tampered with,
    the licensee or his agent shall immediately record such
    fact on the Uniform Invoice or bill of sale, assign the
    part an inventory or stock number, place such inventory or
    stock number on both the essential part and the Uniform
    Invoice or bill of sale, and record the date of the
    inspection of the part on the Uniform Invoice or bill of
    sale. The licensee shall, within 7 days of such
    inspection, return such part to the dealer from whom it
    was acquired.
        (2) If the examination of the Uniform Invoice or bill
    of sale pursuant to paragraph (2) of subsection (c)
    reveals that any of the information required to be listed
    by subsection (b) of this Section is missing, the licensee
    or person required to be licensed shall immediately assign
    a stock or inventory number to such part, place such stock
    or inventory number on both the essential part and the
    Uniform Invoice or bill of sale, and record the date of
    examination on the Uniform Invoice or bill of sale. The
    licensee or person required to be licensed shall acquire
    the information missing from the Uniform Invoice or bill
    of sale within 7 days of the examination of such Uniform
    Invoice or bill of sale. Such information may be received
    by telephone conversation with the dealer from whom the
    part was acquired. If the dealer provides the missing
    information the licensee shall record such information on
    the Uniform Invoice or bill of sale along with the name of
    the person providing the information. If the dealer does
    not provide the required information within the
    aforementioned 7 day period, the licensee shall return the
    part to that dealer.
    (e) Except for scrap processors, all persons licensed or
required to be licensed who acquire or dispose of essential
parts other than quarter panels and transmissions of vehicles
of the first division shall retain a copy of the Uniform
Invoice required to be made by subsections (a), (b) and (c) of
this Section for a period of 3 years.
    (f) Except for scrap processors, any person licensed or
required to be licensed under Sections 5-101, 5-102 or 5-301
who knowingly fails to record on a Uniform Invoice any of the
information or entries required to be recorded by subsections
(a), (b) and (c) of this Section, or who knowingly places false
entries or other misleading information on such Uniform
Invoice, or who knowingly fails to retain for 3 years a copy of
a Uniform Invoice reflecting transactions required to be
recorded by subsections (a), (b) and (c) of this Section, or
who knowingly acquires or disposes of essential parts without
receiving, issuing, or executing a Uniform Invoice reflecting
that transaction as required by subsections (a), (b) and (c)
of this Section, or who brings or causes to be brought into
this State essential parts for which the information required
to be recorded on a Uniform Invoice is not recorded as
prohibited by subsection (c) of this Section, or who knowingly
fails to comply with the provisions of this Section in any
other manner shall be guilty of a Class 2 felony. Each
violation shall constitute a separate and distinct offense and
a separate count may be brought in the same indictment or
information for each essential part for which a record was not
kept as required by this Section or for which the person failed
to comply with other provisions of this Section.
    (g) The records required to be kept by this Section may be
examined by a person or persons making a lawful inspection of
the licensee's premises pursuant to Section 5-403.
    (h) The records required to be kept by this Section shall
be retained by the licensee at his principal place of business
for a period of 3 7 years.
    (i) The requirements of this Section shall not apply to
the disposition of an essential part other than a cowl which
has been damaged or altered to a state in which it can no
longer be returned to a usable condition and which is being
sold or transferred to a scrap processor or for delivery to a
scrap processor.
(Source: P.A. 101-505, eff. 1-1-20.)