Bill Text: IL HB0773 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning new certificates of title for rebuilt vehicles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0773 Detail]
Download: Illinois-2013-HB0773-Amended.html
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1 | AMENDMENT TO HOUSE BILL 773
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2 | AMENDMENT NO. ______. Amend House Bill 773 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 5-301, 5-401.3 and 5-402.1 as follows:
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6 | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
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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
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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. No person shall | ||||||
16 | engage in the business of acquiring 5 or more previously owned |
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1 | vehicles in one calendar year for the primary purpose of | ||||||
2 | disposing of those vehicles in the manner described in the | ||||||
3 | definition of a "scrap processor" in this Code unless the | ||||||
4 | person is licensed as an automotive parts recycler by the | ||||||
5 | Secretary of State under this Section. Each license shall be | ||||||
6 | applied for and issued
separately, except that a license issued | ||||||
7 | to a new vehicle dealer under
Section 5-101 of this Code shall | ||||||
8 | also be deemed to be a repairer license.
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9 | (a-5) No recyclable metal dealer may acquire or possess a | ||||||
10 | vehicle, junk vehicle, vehicle cowl, or essential vehicle | ||||||
11 | parts, as defined by Section 1-118 of this Code, for the | ||||||
12 | purpose of processing them into a form other than a vehicle | ||||||
13 | unless that recyclable metal dealer is licensed by the | ||||||
14 | Secretary of State as a scrap processor under this Section. A | ||||||
15 | recyclable metal dealer who fails to obtain a scrap processor's | ||||||
16 | license shall be subject to the provisions of Sections 5-503 | ||||||
17 | and 5-801 of this Code. | ||||||
18 | (b) Any application filed with the Secretary of State, | ||||||
19 | shall be duly
verified by oath, in such form as the Secretary | ||||||
20 | of State may by rule or
regulation prescribe and shall contain:
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21 | 1. The name and type of business organization of the | ||||||
22 | applicant and
his principal or additional places of | ||||||
23 | business, if any, in this State.
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24 | 2. The kind or kinds of business enumerated in | ||||||
25 | subsection (a) of
this Section to be conducted at each | ||||||
26 | location.
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1 | 3. If the applicant is a corporation, a list of its | ||||||
2 | officers,
directors, and shareholders having a ten percent | ||||||
3 | or greater ownership
interest in the corporation, setting | ||||||
4 | forth the residence address of each;
if the applicant is a | ||||||
5 | sole proprietorship, a partnership, an unincorporated
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6 | association, a trust, or any similar form of business | ||||||
7 | organization, the
names and residence address of the | ||||||
8 | proprietor or of each partner, member,
officer, director, | ||||||
9 | trustee or manager.
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10 | 4. A statement that the applicant's officers, | ||||||
11 | directors, shareholders
having a ten percent or greater | ||||||
12 | ownership interest therein, proprietor,
partner, member, | ||||||
13 | officer, director, trustee, manager, or other principals
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14 | in the business have not committed in the past three years | ||||||
15 | any one
violation as determined in any civil or criminal or | ||||||
16 | administrative
proceedings of any one of the following | ||||||
17 | Acts:
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18 | (a) The Anti Theft Laws of the Illinois Vehicle | ||||||
19 | Code;
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20 | (b) The "Certificate of Title Laws" of the Illinois | ||||||
21 | Vehicle Code;
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22 | (c) The "Offenses against Registration and | ||||||
23 | Certificates of Title Laws"
of the Illinois Vehicle | ||||||
24 | Code;
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25 | (d) The "Dealers, Transporters, Wreckers and | ||||||
26 | Rebuilders Laws" of the
Illinois Vehicle Code;
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| |||||||
1 | (e) Section 21-2 of the Criminal Code of 1961 or | ||||||
2 | the Criminal Code of 2012, Criminal Trespass to
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3 | Vehicles; or
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4 | (f) The Retailers Occupation Tax Act.
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5 | 5. 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
in | ||||||
9 | the business have not committed in any calendar year 3 or | ||||||
10 | more
violations, as determined in any civil or criminal or | ||||||
11 | administrative
proceedings, of any one or more of the | ||||||
12 | following Acts:
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13 | (a) The Consumer Finance Act;
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14 | (b) The Consumer Installment Loan Act;
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15 | (c) The Retail Installment Sales Act;
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16 | (d) The Motor Vehicle Retail Installment Sales | ||||||
17 | Act;
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18 | (e) The Interest Act;
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19 | (f) The Illinois Wage Assignment Act;
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20 | (g) Part 8 of Article XII of the Code of Civil | ||||||
21 | Procedure; or
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22 | (h) The Consumer Fraud Act.
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23 | 6. An application for a license shall be accompanied by | ||||||
24 | the
following fees:
$50 for applicant's established place | ||||||
25 | of business;
$25 for each
additional place of business, if | ||||||
26 | any, to which the application pertains;
provided, however, |
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1 | that if such an application is made after June 15 of
any | ||||||
2 | year, the license fee shall be $25 for applicant's | ||||||
3 | established
place
of business plus $12.50 for each | ||||||
4 | additional place of business, if
any,
to which the | ||||||
5 | application pertains. License fees shall be returnable | ||||||
6 | only
in the event that such application shall be denied by | ||||||
7 | the Secretary of
State.
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8 | 7. A statement that the applicant understands Chapter 1 | ||||||
9 | through
Chapter 5 of this Code.
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10 | 8. A statement that the applicant shall comply with
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11 | subsection (e)
of this Section.
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12 | (c) Any change which renders no longer accurate any | ||||||
13 | information
contained in any application for a license filed | ||||||
14 | with the Secretary of
State shall be amended within 30 days | ||||||
15 | after the occurrence of such
change on such form as the | ||||||
16 | Secretary of State may prescribe by rule or
regulation, | ||||||
17 | accompanied by an amendatory fee of $2.
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18 | (d) Anything in this chapter to the contrary, | ||||||
19 | notwithstanding, no
person shall be licensed under this Section | ||||||
20 | unless such person shall
maintain an established place of | ||||||
21 | business as defined in this Chapter.
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22 | (e) The Secretary of State shall within a reasonable time | ||||||
23 | after
receipt thereof, examine an application submitted to him | ||||||
24 | under this
Section and unless he makes a determination that the | ||||||
25 | application
submitted to him does not conform with the | ||||||
26 | requirements of this Section
or that grounds exist for a denial |
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1 | 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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4 | supplemental license in writing for each additional place of
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5 | business in such form as he may prescribe by rule or regulation | ||||||
6 | which shall
include the following:
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7 | 1. The name of the person licensed;
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8 | 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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14 | 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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17 | 4. In the case of an original license, the established | ||||||
18 | place of
business of the licensee;
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19 | 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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23 | (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 |
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1 | business, if any, maintained by
such licensee. The licensee | ||||||
2 | also shall post conspicuously in the
established place of | ||||||
3 | business and in each additional place of business a
notice | ||||||
4 | which states that such business is required to be licensed by | ||||||
5 | the
Secretary of State under Section 5-301, and which provides | ||||||
6 | the license
number of the business and the license expiration | ||||||
7 | date. This notice also
shall advise the consumer that any | ||||||
8 | complaints as to the quality of service
may be brought to the | ||||||
9 | attention of the Attorney General. The information
required on | ||||||
10 | this notice also shall be printed conspicuously on all
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11 | estimates and receipts for work by the licensee subject to this | ||||||
12 | Section.
The Secretary of State shall prescribe the specific | ||||||
13 | format of this notice.
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14 | (g) Except as provided in subsection (h) hereof, licenses | ||||||
15 | granted
under this Section shall expire by operation of law on | ||||||
16 | December 31 of
the calendar year for which they are granted | ||||||
17 | unless sooner revoked or
cancelled under the provisions of | ||||||
18 | Section 5-501 of this Chapter.
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19 | (h) Any license granted under this Section may be renewed | ||||||
20 | upon
application and payment of the fee required herein as in | ||||||
21 | the case of an
original license, provided, however, that in | ||||||
22 | case an application for the
renewal of an effective license is | ||||||
23 | made during the month of December,
such effective license shall | ||||||
24 | remain in force until such application is
granted or denied by | ||||||
25 | the Secretary of State.
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26 | (i) All automotive
repairers and
rebuilders shall, in |
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1 | addition to the requirements of subsections (a)
through
(h) of | ||||||
2 | this Section, meet the following licensing requirements:
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3 | 1. Provide proof that the property on which first time
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4 | applicants plan to
do business is in compliance with local | ||||||
5 | zoning laws and regulations, and
a listing of zoning | ||||||
6 | classification;
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7 | 2. Provide proof that the applicant for a repairer's
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8 | license complies
with the proper workers' compensation | ||||||
9 | rate code or classification, and
listing the code of | ||||||
10 | classification for that industry;
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11 | 3. Provide proof that the applicant for a rebuilder's
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12 | license complies
with the proper workers' compensation | ||||||
13 | rate code or classification for the
repair industry or the | ||||||
14 | auto parts recycling industry and listing the code
of | ||||||
15 | classification;
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16 | 4. Provide proof that the applicant has obtained or
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17 | applied for a
hazardous waste generator number, and listing | ||||||
18 | the actual number if
available or certificate of exemption;
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19 | 5. Provide proof that applicant has proper liability
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20 | insurance, and
listing the name of the insurer and the | ||||||
21 | policy number; and
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22 | 6. Provide proof that the applicant has obtained or
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23 | applied for the proper
State sales tax classification and | ||||||
24 | federal identification tax number, and
listing the actual | ||||||
25 | numbers if available.
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26 | (i-1) All automotive repairers shall provide proof that |
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1 | they comply with all requirements of the Automotive Collision | ||||||
2 | Repair Act.
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3 | (j) All automotive
parts
recyclers shall, in addition to | ||||||
4 | the requirements of subsections (a) through
(h) of this | ||||||
5 | Section, meet the following licensing requirements:
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6 | 1. A statement that the applicant purchases 5 vehicles
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7 | per year or has 5
hulks or chassis in stock;
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8 | 2. Provide proof that the property on which all first
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9 | time applicants will
do business does comply to the proper | ||||||
10 | local zoning laws in existence, and
a listing of zoning | ||||||
11 | classifications;
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12 | 3. Provide proof that applicant complies with the
| ||||||
13 | proper workers'
compensation rate code or classification, | ||||||
14 | and listing the code of
classification; and
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15 | 4. Provide proof that applicant has obtained or
applied | ||||||
16 | for the proper
State sales tax classification and federal | ||||||
17 | identification tax number, and
listing the actual numbers | ||||||
18 | if available.
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19 | (Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13.)
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20 | (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
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21 | Sec. 5-401.3. Scrap processors required to keep records. | ||||||
22 | (a) Every person licensed or required to be licensed as a | ||||||
23 | scrap processor
pursuant to Section 5-301 of this Chapter shall | ||||||
24 | maintain for 3 years, at
his established place of business, the | ||||||
25 | following records relating to the
acquisition of recyclable |
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1 | metals or the acquisition of a vehicle, junk vehicle, or | ||||||
2 | vehicle cowl which has been
acquired for the purpose of | ||||||
3 | processing into a form other than a vehicle,
junk vehicle or | ||||||
4 | vehicle cowl which is possessed in the State or brought
into | ||||||
5 | this State from another state, territory or country.
No scrap | ||||||
6 | metal processor shall sell a vehicle or essential part, as | ||||||
7 | such,
except for engines, transmissions, and powertrains, | ||||||
8 | unless licensed to do so
under another provision of this Code. | ||||||
9 | A scrap processor who is additionally
licensed as an automotive | ||||||
10 | parts recycler shall not be subject to the record
keeping | ||||||
11 | requirements for a scrap processor
when acting as an automotive | ||||||
12 | parts
recycler.
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13 | (1) For a vehicle, junk vehicle, or vehicle cowl | ||||||
14 | acquired from a person
who is licensed under this Chapter, | ||||||
15 | the scrap processor shall record the
name and address of | ||||||
16 | the person, and the Illinois or out-of-state dealer
license | ||||||
17 | number of such person on the scrap processor's
weight | ||||||
18 | ticket at the
time of the acquisition. The person disposing | ||||||
19 | of the vehicle, junk vehicle,
or vehicle cowl shall furnish | ||||||
20 | the scrap processor with documentary proof of
ownership of | ||||||
21 | the vehicle, junk vehicle, or vehicle cowl in one of the
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22 | following forms: a Certificate of Title, a Salvage | ||||||
23 | Certificate, a Junking
Certificate, a Secretary of State | ||||||
24 | Junking Manifest, a Uniform Invoice, a
Certificate of | ||||||
25 | Purchase, or other similar documentary proof of ownership.
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26 | The scrap processor shall not acquire a vehicle, junk |
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1 | vehicle or vehicle
cowl without obtaining one of the | ||||||
2 | aforementioned documentary proofs of ownership.
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3 | (2) For a vehicle, junk vehicle or vehicle cowl | ||||||
4 | acquired from a person
who is not licensed under this | ||||||
5 | Chapter, the scrap processor
shall verify
and record that | ||||||
6 | person's identity by recording the identification of such
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7 | person from at least 2 sources of identification, one of | ||||||
8 | which shall be a
driver's license or State Identification | ||||||
9 | Card, on the scrap processor's
weight ticket at the time of | ||||||
10 | the acquisition. The person
disposing of the vehicle, junk | ||||||
11 | vehicle, or vehicle cowl shall furnish the
scrap processor | ||||||
12 | with documentary proof of ownership of the vehicle, junk
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13 | vehicle, or vehicle cowl in one of the following forms: a | ||||||
14 | Certificate of
Title, a Salvage Certificate, or a Junking | ||||||
15 | Certificate , a Secretary of State
Junking Manifest, a | ||||||
16 | Certificate of Purchase, or other similar documentary
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17 | proof of ownership . The scrap processor shall not acquire a | ||||||
18 | vehicle, junk
vehicle or vehicle cowl without obtaining one | ||||||
19 | of the aforementioned
documentary proofs of ownership. No | ||||||
20 | person shall engage in the business of acquiring 5 or more | ||||||
21 | previously owned vehicles in one calendar year for the | ||||||
22 | primary purpose of disposing of those vehicles in the | ||||||
23 | manner described in the definition of a "scrap processor" | ||||||
24 | in Section 1-182.3 of this Code unless the person is | ||||||
25 | licensed as an automotive parts recycler by the Secretary | ||||||
26 | of State under this Section.
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1 | (3) In addition to the other information required on | ||||||
2 | the scrap processor's
weight ticket, a scrap processor who | ||||||
3 | at the time of acquisition of a
vehicle, junk vehicle, or | ||||||
4 | vehicle cowl is furnished a Certificate of Title,
a Salvage | ||||||
5 | Certificate , or a Junking Certificate Certificate of | ||||||
6 | Purchase shall record the Vehicle
Identification Number on | ||||||
7 | the weight ticket or affix a copy of the
Certificate of | ||||||
8 | Title, Salvage Certificate , or Junking Certificate | ||||||
9 | Certificate of Purchase to the
weight ticket and the | ||||||
10 | identification of the person acquiring the
information on | ||||||
11 | the behalf of the scrap processor.
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12 | (4) The scrap processor
shall maintain a copy of a Junk | ||||||
13 | Vehicle
Notification relating to any Certificate
of Title, | ||||||
14 | Salvage Certificate , or Junking Certificate , Certificate | ||||||
15 | of Purchase or similarly
acceptable out-of-state document | ||||||
16 | surrendered to the Secretary of State
pursuant to the | ||||||
17 | provisions of Section 3-117.2 of this Code.
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18 | (5) For recyclable metals valued at $100 or more, the | ||||||
19 | scrap processor shall, for each transaction, record the | ||||||
20 | identity of the person from whom the recyclable metals were | ||||||
21 | acquired by verifying the identification of that person | ||||||
22 | from one source of identification, which shall be a valid | ||||||
23 | driver's license or State Identification Card, on the scrap | ||||||
24 | processor's weight ticket at the time of the acquisition | ||||||
25 | and by making and recording a photocopy or electronic scan | ||||||
26 | of the driver's license or State Identification Card. Such |
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1 | information shall be available for inspection by any law | ||||||
2 | enforcement official. If the person delivering the | ||||||
3 | recyclable metal does not have a valid driver's license or | ||||||
4 | State Identification Card, the scrap processor shall not | ||||||
5 | complete the transaction. The inspection of records | ||||||
6 | pertaining only to recyclable metals shall not be counted | ||||||
7 | as an inspection of a premises for purposes of subparagraph | ||||||
8 | (7) of Section 5-403 of this Code.
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9 | This subdivision (a)(5) does not apply to
electrical | ||||||
10 | contractors, to agencies or instrumentalities of the State | ||||||
11 | of
Illinois or of the United States, to common carriers, to | ||||||
12 | purchases from
persons, firms, or corporations regularly | ||||||
13 | engaged in the business of
manufacturing recyclable metal, | ||||||
14 | in the business of selling recyclable metal at retail or
| ||||||
15 | wholesale, or in the business of razing, demolishing, | ||||||
16 | destroying, or removing
buildings, to the purchase by one | ||||||
17 | recyclable metal dealer from another, or the
purchase from | ||||||
18 | persons, firms, or corporations engaged in either the
| ||||||
19 | generation, transmission, or distribution of electric | ||||||
20 | energy or in
telephone, telegraph, and other | ||||||
21 | communications if such common carriers,
persons, firms, or | ||||||
22 | corporations at the time of the purchase provide the | ||||||
23 | recyclable metal
dealer with a bill of sale or other | ||||||
24 | written evidence of title to the recyclable metal. This | ||||||
25 | subdivision (a)(5) also does not apply to contractual | ||||||
26 | arrangements between dealers.
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1 | (b) Any licensee who knowingly fails to record any of the | ||||||
2 | specific
information required to be recorded on the weight | ||||||
3 | ticket required under any other subsection of this Section, or | ||||||
4 | Section 5-401 of this Code, or who knowingly
fails to acquire | ||||||
5 | and maintain for 3 years documentary proof of ownership in
one | ||||||
6 | of the prescribed forms shall be guilty of a Class A | ||||||
7 | misdemeanor and
subject to suspension of his or her license for | ||||||
8 | a period of up to 5 years a fine not to exceed $1,000 . Each | ||||||
9 | violation shall constitute a
separate and distinct offense and | ||||||
10 | a separate count may be brought in the
same complaint for each | ||||||
11 | violation. Any licensee who commits a second
violation of this | ||||||
12 | Section within two years of a previous conviction of a
| ||||||
13 | violation of this Section shall be guilty of a Class 4 felony.
| ||||||
14 | (c) It shall be an affirmative defense to an offense | ||||||
15 | brought under
paragraph (b) of this Section that the licensee | ||||||
16 | or person required to be
licensed both reasonably and in good | ||||||
17 | faith relied on information appearing
on a Certificate of | ||||||
18 | Title, a Salvage Certificate, or a Junking Certificate , a
| ||||||
19 | Secretary of State Manifest, a Secretary of State's Uniform | ||||||
20 | Invoice, a
Certificate of Purchase, or other documentary proof | ||||||
21 | of ownership prepared
under Section 3-117.1(a) of this Code, | ||||||
22 | relating to the transaction for
which the required record was | ||||||
23 | not kept which was supplied to the licensee
by another licensee | ||||||
24 | or an out-of-state dealer .
| ||||||
25 | (d) No later than 15 days prior to going out of business, | ||||||
26 | selling the
business, or transferring the ownership of the |
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| |||||||
1 | business, the scrap
processor shall notify the Secretary of | ||||||
2 | that fact. Failure to so notify
the Secretary of State shall | ||||||
3 | constitute a failure to keep
records under this Section.
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4 | (e) (Blank). Evidence derived directly or indirectly from | ||||||
5 | the keeping of records
required to be kept under this Section | ||||||
6 | shall not be admissible in a
prosecution of the licensee for an | ||||||
7 | alleged violation of Section 4-102(a)(3) of this Code.
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8 | (f) Any scrap processor who finds a nonconforming vehicle | ||||||
9 | identification number on any documentary proof of ownership of | ||||||
10 | a vehicle, junk vehicle, or vehicle cowl provided by the person | ||||||
11 | attempting to dispose of that item shall report the offense to | ||||||
12 | the Secretary of State, including the name of the person | ||||||
13 | attempting to dispose of the vehicle, junk vehicle, or vehicle | ||||||
14 | cowl, the actual vehicle identification number, the | ||||||
15 | nonconforming vehicle number, the vehicle license plate | ||||||
16 | number, a copy of the document used, and the license number of | ||||||
17 | the person or persons involved in the attempted transaction. | ||||||
18 | Any person licensed as a scrap processor under Section 5-301 | ||||||
19 | who is found to be in violation of this subsection or any | ||||||
20 | licensed entity found in violation of this subsection shall be | ||||||
21 | subject to suspension of his, her, or its license for a period | ||||||
22 | of up to 5 years. Any person in violation of this subsection | ||||||
23 | shall be guilty of a Class 2 felony. | ||||||
24 | (Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
| ||||||
25 | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
|
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| |||||||
1 | Sec. 5-402.1. Use of Secretary of State Uniform Invoice for | ||||||
2 | Essential
Parts.
| ||||||
3 | (a) Except for scrap processors, every person licensed or | ||||||
4 | required
to be licensed under Section 5-101, 5-101.1, 5-102 or | ||||||
5 | 5-301 of this Code
shall
issue, in a form the Secretary of | ||||||
6 | State may by rule or regulation
prescribe, a Uniform Invoice, | ||||||
7 | which may also act as a bill of sale, made
out in triplicate | ||||||
8 | with respect to each transaction in which he disposes of
an | ||||||
9 | essential part other than quarter panels and transmissions of | ||||||
10 | vehicles
of the first division. Such Invoice shall be made out | ||||||
11 | at the time of the
disposition of the essential part. If the | ||||||
12 | licensee disposes of several
essential parts in the same | ||||||
13 | transaction, the licensee may issue one Uniform
Invoice | ||||||
14 | covering all essential parts disposed of in that transaction.
| ||||||
15 | (b) The following information shall be contained on the | ||||||
16 | Uniform Invoice:
| ||||||
17 | (1) the business name, address and dealer license | ||||||
18 | number of the person
disposing of the essential part;
| ||||||
19 | (2) the name and address of the person acquiring the | ||||||
20 | essential part,
and if that person is a dealer, the | ||||||
21 | Illinois or out-of-state dealer license
number of that | ||||||
22 | dealer;
| ||||||
23 | (3) the date of the disposition of the essential part;
| ||||||
24 | (4) the year, make, model, color and description of | ||||||
25 | each essential part
disposed of by the person;
| ||||||
26 | (5) the manufacturer's vehicle identification number, |
| |||||||
| |||||||
1 | Secretary of State
identification
number or Illinois | ||||||
2 | Department of State Police identification number,
for each | ||||||
3 | essential
part disposed of by the person;
| ||||||
4 | (6) the printed name and legible signature of the | ||||||
5 | person or agent disposing of the
essential part; and
| ||||||
6 | (7) if the person is a dealer the printed name and | ||||||
7 | legible
signature of the dealer or his agent or employee | ||||||
8 | accepting
delivery of
the essential part.
| ||||||
9 | (c) Except for scrap processors, and except as set forth in | ||||||
10 | subsection
(d) of this Section, whenever a person licensed or
| ||||||
11 | required to be licensed by Section
5-101, 5-101.1, 5-102, or | ||||||
12 | 5-301 accepts delivery of an essential
part, other than quarter | ||||||
13 | panels and transmissions of vehicles of the
first division, | ||||||
14 | that person shall, at the time of the acceptance or
delivery, | ||||||
15 | comply
with the following procedures:
| ||||||
16 | (1) Before acquiring or accepting delivery of any
| ||||||
17 | essential part, the licensee or
his authorized agent or | ||||||
18 | employee shall inspect the part to determine
whether the | ||||||
19 | vehicle identification number, Secretary of State
| ||||||
20 | identification number, Illinois Department of State Police
| ||||||
21 | identification number, or identification plate or sticker | ||||||
22 | attached to or
stamped on any part being acquired or | ||||||
23 | delivered has been removed,
falsified, altered, defaced, | ||||||
24 | destroyed, or tampered with. If the licensee
or his agent | ||||||
25 | or employee determines that the vehicle identification | ||||||
26 | number,
Secretary of State identification number, Illinois |
| |||||||
| |||||||
1 | Department of State
Police identification number, | ||||||
2 | identification plate or identification
sticker containing | ||||||
3 | an identification number, or Federal Certificate label
of | ||||||
4 | an essential part has been removed, falsified, altered, | ||||||
5 | defaced,
destroyed or tampered with, the licensee or agent | ||||||
6 | shall not accept or receive
that part.
| ||||||
7 | If that part was physically acquired by or delivered to | ||||||
8 | a licensee or
his agent or employee while that licensee, | ||||||
9 | agent or employee was outside
this State, that licensee or | ||||||
10 | agent or employee shall not bring that
essential part into | ||||||
11 | this State or cause it to be brought into this State.
| ||||||
12 | (2) If the person disposing of or delivering the | ||||||
13 | essential part to
the licensee is a licensed in-state or | ||||||
14 | out-of-state dealer, the licensee or
his agent or employee, | ||||||
15 | after inspecting the essential part as required by
| ||||||
16 | paragraph (1) of this subsection (c), shall examine the | ||||||
17 | Uniform Invoice, or
bill of sale, as the case may be, to | ||||||
18 | ensure that it contains all the
information required to be | ||||||
19 | provided by persons disposing
of essential parts as set | ||||||
20 | forth in subsection (b) of this Section. If the
Uniform | ||||||
21 | Invoice or bill of sale does not contain all the | ||||||
22 | information
required to be listed by subsection (b) of this | ||||||
23 | Section, the dealer
disposing of or delivering such part or | ||||||
24 | his agent or employee shall record
such additional | ||||||
25 | information or other needed modifications on the Uniform
| ||||||
26 | Invoice or bill of sale or, if needed, an attachment |
| |||||||
| |||||||
1 | thereto. The dealer
or his agent or employee delivering the | ||||||
2 | essential part shall initial all
additions or | ||||||
3 | modifications to the Uniform Invoice or bill of sale and
| ||||||
4 | legibly print his name at the bottom of each document | ||||||
5 | containing his
initials. If the transaction involves a bill | ||||||
6 | of sale rather
than a Uniform Invoice, the licensee or his | ||||||
7 | agent or employee accepting
delivery of or acquiring the | ||||||
8 | essential part shall affix his printed name
and legible | ||||||
9 | signature on the space on the bill of sale provided for his
| ||||||
10 | signature or, if no space is provided, on the back of the | ||||||
11 | bill of sale.
If the dealer or his agent or
employee | ||||||
12 | disposing of or delivering the essential part cannot or | ||||||
13 | does
not provide all the information required by
subsection | ||||||
14 | (b) of this Section, the licensee or his agent or employee | ||||||
15 | shall
not accept or receive any essential part for which | ||||||
16 | that required
information is not provided. If such | ||||||
17 | essential part for which the
information required is not | ||||||
18 | fully provided was physically acquired while
the licensee | ||||||
19 | or his agent or employee was outside this State, the | ||||||
20 | licensee
or his agent or employee shall not bring that | ||||||
21 | essential part into this
State or cause it to be brought | ||||||
22 | into this State.
| ||||||
23 | (3) If the person disposing of the essential part is | ||||||
24 | not a licensed
dealer, the licensee or his agent or | ||||||
25 | employee shall, after inspecting the
essential part as | ||||||
26 | required by paragraph (1) of subsection (c) of this
Section |
| |||||||
| |||||||
1 | verify the identity of the person disposing of
the | ||||||
2 | essential part
by examining 2 sources of identification, | ||||||
3 | one of which shall be either a
driver's license or state | ||||||
4 | identification card. The licensee or his agent
or employee | ||||||
5 | shall then prepare a Uniform Invoice listing all the
| ||||||
6 | information required to be provided by subsection (b) of | ||||||
7 | this Section. In
the space on the Uniform Invoice provided | ||||||
8 | for the dealer license number of
the person disposing of | ||||||
9 | the part, the licensee or his agent or employee
shall list | ||||||
10 | the numbers taken from the documents of identification | ||||||
11 | provided
by the person disposing of the part. The person
| ||||||
12 | disposing of the part
shall affix his printed name and | ||||||
13 | legible signature on the space on the
Uniform Invoice | ||||||
14 | provided for the person disposing of the
essential part and
| ||||||
15 | the licensee or his agent or employee acquiring the part | ||||||
16 | shall affix his
printed name and legible signature on the | ||||||
17 | space provided on the Uniform
Invoice for the person | ||||||
18 | acquiring the essential part. If the person
disposing of | ||||||
19 | the essential part cannot or does not provide all the
| ||||||
20 | information required to be provided by this paragraph, or | ||||||
21 | does not present
2 satisfactory forms of identification, | ||||||
22 | the licensee or his agent or
employee shall not acquire | ||||||
23 | that essential part.
| ||||||
24 | (d) If an essential part other than quarter panels and
| ||||||
25 | transmissions of vehicles of the first division was delivered | ||||||
26 | by a licensed commercial
delivery service delivering such part |
| |||||||
| |||||||
1 | on behalf of a licensed dealer, the
person required to comply | ||||||
2 | with subsection (c) of this Section may conduct
the inspection | ||||||
3 | of that part required by paragraph (1) of subsection (c) and | ||||||
4 | examination
of the Uniform Invoice or bill of sale required by | ||||||
5 | paragraph (2) of subsection (c) of
this Section immediately | ||||||
6 | after the acceptance of the part.
| ||||||
7 | (1) If the inspection of the essential part pursuant to | ||||||
8 | paragraph (1) of subsection
(c) reveals that the vehicle | ||||||
9 | identification number, Secretary of State
identification | ||||||
10 | number, Illinois Department of State Police identification
| ||||||
11 | number, identification plate or sticker containing an | ||||||
12 | identification
number, or Federal Certificate label of an | ||||||
13 | essential part has been removed,
falsified, altered, | ||||||
14 | defaced, destroyed or tampered with, the licensee or
his | ||||||
15 | agent shall immediately record such fact on the Uniform | ||||||
16 | Invoice or bill
of sale, assign the part an inventory or | ||||||
17 | stock number, place such inventory
or stock number on both | ||||||
18 | the essential part and the Uniform Invoice or bill
of sale, | ||||||
19 | and record the date of the inspection of the part on the | ||||||
20 | Uniform
Invoice or bill of sale.
The licensee shall, within | ||||||
21 | 7 days of such inspection, return such part to
the dealer | ||||||
22 | from whom it was acquired.
| ||||||
23 | (2) If the examination of the Uniform Invoice or bill | ||||||
24 | of sale pursuant
to paragraph (2) of subsection (c) reveals | ||||||
25 | that any of the information required to be
listed by | ||||||
26 | subsection (b) of this Section is missing, the licensee or |
| |||||||
| |||||||
1 | person
required to be licensed shall immediately assign a | ||||||
2 | stock or inventory
number to such part, place such stock or | ||||||
3 | inventory number on both the
essential part and the Uniform | ||||||
4 | Invoice or bill of sale, and record the date
of examination | ||||||
5 | on the Uniform Invoice or bill of sale. The licensee or
| ||||||
6 | person required to be licensed shall acquire the | ||||||
7 | information missing from
the Uniform Invoice or bill of | ||||||
8 | sale within 7 days of the examination of
such Uniform | ||||||
9 | Invoice or bill of sale. Such information may be received | ||||||
10 | by
telephone conversation with the dealer from whom the | ||||||
11 | part was acquired. If
the dealer provides the missing | ||||||
12 | information the licensee shall record such
information on | ||||||
13 | the Uniform Invoice or bill of sale along with the name of
| ||||||
14 | the person providing the information. If the dealer does | ||||||
15 | not provide the
required information within the | ||||||
16 | aforementioned 7 day period, the licensee
shall return the | ||||||
17 | part to that dealer.
| ||||||
18 | (e) Except for scrap processors, all persons licensed or | ||||||
19 | required to
be licensed who acquire or
dispose of essential | ||||||
20 | parts other than quarter panels and transmissions of
vehicles | ||||||
21 | of the first division shall retain a copy of the Uniform | ||||||
22 | Invoice
required to be made by subsections (a), (b) and (c) of | ||||||
23 | this Section for a
period of 3 years.
| ||||||
24 | (f) Except for scrap processors, any person licensed or | ||||||
25 | required to
be licensed under Sections 5-101,
5-102 or 5-301 | ||||||
26 | who knowingly fails to record on a Uniform Invoice any of the
|
| |||||||
| |||||||
1 | information or entries required to be recorded by subsections | ||||||
2 | (a), (b) and
(c) of this Section, or who knowingly places false | ||||||
3 | entries or other misleading
information on such Uniform | ||||||
4 | Invoice, or who knowingly fails to retain for 3 years a
copy of | ||||||
5 | a Uniform Invoice reflecting transactions required to be | ||||||
6 | recorded
by subsections (a), (b) and (c) of this Section, or | ||||||
7 | who knowingly acquires or
disposes of essential parts without | ||||||
8 | receiving, issuing, or executing a
Uniform Invoice reflecting | ||||||
9 | that transaction as required by subsections (a),
(b) and (c) of | ||||||
10 | this Section, or who brings or causes to be brought into
this | ||||||
11 | State essential parts for which the information required to be
| ||||||
12 | recorded on a Uniform Invoice is not recorded as prohibited by | ||||||
13 | subsection
(c) of this Section, or who knowingly fails to | ||||||
14 | comply with the provisions of
this
Section in any other manner | ||||||
15 | shall be guilty of a Class 2 felony. Each
violation shall | ||||||
16 | constitute a separate and distinct offense and a separate
count | ||||||
17 | may be brought in the same indictment or information for each
| ||||||
18 | essential part for which a record was not kept as required by | ||||||
19 | this Section
or for which the person failed to comply with | ||||||
20 | other provisions of this
Section.
| ||||||
21 | (g) The records required to be kept by this Section
may be | ||||||
22 | examined by a person or persons making a lawful
inspection of | ||||||
23 | the licensee's premises pursuant to Section 5-403.
| ||||||
24 | (h) The records required to be kept by this Section shall | ||||||
25 | be retained by
the licensee at his principal place of business | ||||||
26 | for a period of 7 years.
|
| |||||||
| |||||||
1 | (i) (Blank). The requirements of this Section shall not | ||||||
2 | apply to the disposition
of an essential part other than a cowl | ||||||
3 | which has been damaged or altered to
a state in which it can no | ||||||
4 | longer be returned to a usable condition and
which is being | ||||||
5 | sold or transferred to a scrap processor or for delivery to
a | ||||||
6 | scrap processor.
| ||||||
7 | (j) Scrap processors shall, under no circumstances, be | ||||||
8 | permitted to use the Uniform Invoice for any purpose under this | ||||||
9 | Chapter. Any person found in violation of this subsection (j) | ||||||
10 | shall be guilty of a Class 2 felony. | ||||||
11 | (Source: P.A. 91-415, eff. 1-1-00.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
|