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.)