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Public Act 102-0318
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| SB1542 Enrolled | LRB102 15769 RAM 21136 b |
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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 Section 5-402.1 as follows:
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(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
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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.
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(b) The following information shall be contained on the |
Uniform Invoice:
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(1) the business name, address and dealer license |
number of the person
disposing of the essential part;
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(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;
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(3) the date of the disposition of the essential part;
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(4) the year, make, model, color and description of |
each essential part
disposed of by the person;
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(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;
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(6) the printed name and legible signature of the |
person or agent disposing of the
essential part; and
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(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.
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(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
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delivery, comply
with the following procedures:
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(1) Before acquiring or accepting delivery of any
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essential part, the licensee or
his authorized agent or |
employee shall inspect the part to determine
whether the |
vehicle identification number, Secretary of State
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identification number, Illinois Department of State Police
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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.
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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
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essential part into this State or cause it to be brought |
into this State.
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(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 |
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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
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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
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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
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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
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employee disposing of or delivering the essential part |
cannot or does
not provide all the information required by
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subsection (b) of this Section, the licensee or his agent |
or employee shall
not accept or receive any essential part |
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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.
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(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
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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
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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
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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 |
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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
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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.
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(d) If an essential part other than quarter panels and
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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.
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(1) If the inspection of the essential part pursuant |
to paragraph (1) of subsection
(c) reveals that the |
vehicle identification number, Secretary of State
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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,
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falsified, altered, defaced, destroyed or tampered with, |
the licensee or
his agent shall immediately record such |
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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.
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(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
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the person providing the information. If the dealer does |
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not provide the
required information within the |
aforementioned 7 day period, the licensee
shall return the |
part to that dealer.
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(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.
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(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
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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
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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 |
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other manner shall be guilty of a Class 2 felony. Each
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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.
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(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.
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(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.
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(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.
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(Source: P.A. 101-505, eff. 1-1-20.)
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