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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Auction License Act is amended by changing | |||||||||||||||||||||||||||||||
5 | Section 10-1 as follows:
| |||||||||||||||||||||||||||||||
6 | (225 ILCS 407/10-1)
| |||||||||||||||||||||||||||||||
7 | Sec. 10-1. Necessity of license; exemptions.
| |||||||||||||||||||||||||||||||
8 | (a) It is unlawful for any
person, corporation,
limited | |||||||||||||||||||||||||||||||
9 | liability company, partnership, or other entity to conduct an | |||||||||||||||||||||||||||||||
10 | auction,
provide an auction
service, hold himself or herself | |||||||||||||||||||||||||||||||
11 | out as an auctioneer, or advertise his or her
services as an | |||||||||||||||||||||||||||||||
12 | auctioneer
in the State of Illinois without a license issued by | |||||||||||||||||||||||||||||||
13 | the Department under this Act,
except at:
| |||||||||||||||||||||||||||||||
14 | (1) an auction conducted solely by or for a | |||||||||||||||||||||||||||||||
15 | not-for-profit organization
for
charitable
purposes;
| |||||||||||||||||||||||||||||||
16 | (2) an auction conducted by the owner of the property, | |||||||||||||||||||||||||||||||
17 | real or personal;
| |||||||||||||||||||||||||||||||
18 | (3) an auction for the sale or lease of real property | |||||||||||||||||||||||||||||||
19 | conducted by a
licensee
under the
Real Estate License Act, | |||||||||||||||||||||||||||||||
20 | or its successor Acts, in accordance with the terms of
that | |||||||||||||||||||||||||||||||
21 | Act;
| |||||||||||||||||||||||||||||||
22 | (4) an auction conducted by a business registered as a | |||||||||||||||||||||||||||||||
23 | market
agency under the federal Packers and Stockyards Act |
| |||||||
| |||||||
1 | (7 U.S.C. 181 et seq.) or
under the Livestock Auction | ||||||
2 | Market Law;
| ||||||
3 | (5) an auction conducted by an agent, officer, or | ||||||
4 | employee of a federal
agency in the conduct of his or her | ||||||
5 | official duties; and
| ||||||
6 | (6) an auction conducted by an agent, officer, or | ||||||
7 | employee of the State
government or any political | ||||||
8 | subdivision thereof performing his or her official
duties.
| ||||||
9 | (b) Nothing in this Act shall be construed to apply to a | ||||||
10 | new or used
vehicle dealer
or a vehicle auctioneer licensed by | ||||||
11 | the Secretary of State of Illinois, or
to any employee of the
| ||||||
12 | licensee, who is a resident of the State of Illinois,
while the | ||||||
13 | employee is acting in the regular scope of his or her | ||||||
14 | employment for
the licensee
while conducting an auction that is | ||||||
15 | not open to the public, provided that
only new or used vehicle | ||||||
16 | dealers,
rebuilders, automotive parts recyclers, or scrap | ||||||
17 | processors , or out-of-state
salvage vehicle buyers licensed by | ||||||
18 | the Secretary of State or licensed by
another jurisdiction or | ||||||
19 | out-of-state salvage vehicle buyers may buy property at the | ||||||
20 | auction, or to sales by or
through the licensee.
| ||||||
21 | (c) Nothing in this Act shall be construed to prohibit a | ||||||
22 | person under the
age of 18 from selling property under $250 in | ||||||
23 | value while under the direct
supervision of a licensed | ||||||
24 | auctioneer.
| ||||||
25 | (d) Nothing in this Act, except Section 10-27, shall be | ||||||
26 | construed to
apply to a person while providing an Internet |
| |||||||
| |||||||
1 | auction listing service as
defined
in Section 10-27.
| ||||||
2 | (Source: P.A. 95-572, eff. 6-1-08.)
| ||||||
3 | Section 10. The Illinois Vehicle Code is amended by | ||||||
4 | changing Sections 3-118, 5-401.2, 5-403, and 5-702 as follows:
| ||||||
5 | (625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
| ||||||
6 | Sec. 3-118. Application for salvage or junking | ||||||
7 | certificate; contents.
| ||||||
8 | (a) An application for a salvage certificate or junking | ||||||
9 | certificate
shall be made upon the forms prescribed by the | ||||||
10 | Secretary of State and contain:
| ||||||
11 | 1. The name and address of the owner;
| ||||||
12 | 2. A description of the vehicle including, so far as | ||||||
13 | the following
data exists: its make, year-model, | ||||||
14 | identifying number, type of body,
whether new or used;
| ||||||
15 | 3. The date of purchase by applicant; and
| ||||||
16 | 4. Any further information reasonably required by the | ||||||
17 | Secretary of State.
| ||||||
18 | (b) The application for salvage certificate must also | ||||||
19 | contain the
current odometer reading and that the stated | ||||||
20 | odometer reading is one of the
following: actual mileage, not | ||||||
21 | the actual mileage or mileage is in
excess of its mechanical | ||||||
22 | limits.
| ||||||
23 | (c) A salvage certificate may be assigned to any person | ||||||
24 | licensed under
this Act as a rebuilder, automotive parts |
| |||||||
| |||||||
1 | recycler, or scrap processor , or to an
out-of-state salvage | ||||||
2 | vehicle buyer. A salvage certificate for a vehicle that has | ||||||
3 | come from a police impoundment may be assigned to a municipal | ||||||
4 | fire department. A junking certificate may be assigned
to | ||||||
5 | anyone. The provisions for reassignment by dealers under | ||||||
6 | paragraph (a)
of Section 3-113 shall apply to salvage | ||||||
7 | certificates, except as provided
in Section 3-117.2. A salvage | ||||||
8 | certificate may be reassigned to one other
person licensed | ||||||
9 | under this Act.
| ||||||
10 | (Source: P.A. 95-301, eff. 1-1-08.)
| ||||||
11 | (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
| ||||||
12 | Sec. 5-401.2. Licensees required to keep records and make | ||||||
13 | inspections.
| ||||||
14 | (a) Every person licensed or required to be licensed under | ||||||
15 | Section 5-101,
5-101.1, 5-102, or 5-301 or 5-302 of this Code, | ||||||
16 | shall, with the exception of
scrap
processors, maintain for 3 | ||||||
17 | years, in a form as the Secretary of State may by
rule or | ||||||
18 | regulation prescribe, at his established place of business or , | ||||||
19 | additional
place of business, or principal place of business if | ||||||
20 | licensed under Section
5-302, the following records relating to | ||||||
21 | the acquisition or disposition of
vehicles and their essential | ||||||
22 | parts possessed in this State, brought into this
State from | ||||||
23 | another state, territory or country, or sold or transferred to
| ||||||
24 | another person in this State or in another state, territory, or | ||||||
25 | country.
|
| |||||||
| |||||||
1 | (1) The following records pertaining to new or used | ||||||
2 | vehicles shall be
kept:
| ||||||
3 | (A) the year, make, model, style and color of the | ||||||
4 | vehicle;
| ||||||
5 | (B) the vehicle's manufacturer's identification | ||||||
6 | number or, if
applicable, the Secretary of State or | ||||||
7 | Illinois Department of State Police
identification | ||||||
8 | number;
| ||||||
9 | (C) the date of acquisition of the vehicle;
| ||||||
10 | (D) the name and address of the person from whom | ||||||
11 | the vehicle was
acquired and, if that person is a | ||||||
12 | dealer, the Illinois or out-of-state
dealer license | ||||||
13 | number of such person;
| ||||||
14 | (E) the signature of the person making the | ||||||
15 | inspection of a used vehicle
as required under | ||||||
16 | subsection (d) of this Section, if applicable;
| ||||||
17 | (F) the purchase price of the vehicle, if | ||||||
18 | applicable;
| ||||||
19 | (G) the date of the disposition of the vehicle;
| ||||||
20 | (H) the name and address of the person to whom any | ||||||
21 | vehicle was
disposed, and if that person is a dealer, | ||||||
22 | the Illinois
or out-of-State dealer's license number | ||||||
23 | of that dealer;
| ||||||
24 | (I) the uniform invoice number reflecting the | ||||||
25 | disposition of the
vehicle, if applicable; and
| ||||||
26 | (J) The sale price of the vehicle, if applicable.
|
| |||||||
| |||||||
1 | (2) (A) The following records pertaining to used | ||||||
2 | essential
parts other than quarter panels and | ||||||
3 | transmissions of vehicles of the first
division shall be | ||||||
4 | kept:
| ||||||
5 | (i) the year, make, model, color and type of such | ||||||
6 | part;
| ||||||
7 | (ii) the vehicle's manufacturer's identification | ||||||
8 | number, derivative
number, or, if applicable, the | ||||||
9 | Secretary of State or Illinois Department of
State | ||||||
10 | Police identification number of such part;
| ||||||
11 | (iii) the date of the acquisition of each part;
| ||||||
12 | (iv) the name and address of the person from whom | ||||||
13 | the part was
acquired and, if that person is a dealer, | ||||||
14 | the Illinois or out-of-state
dealer license number of | ||||||
15 | such person; if the essential part being acquired
is | ||||||
16 | from a person other than a dealer, the licensee shall | ||||||
17 | verify and record
that person's identity by recording | ||||||
18 | the identification numbers from at
least two sources of | ||||||
19 | identification, one of which shall be a drivers
license | ||||||
20 | or State identification card;
| ||||||
21 | (v) the uniform invoice number or out-of-state | ||||||
22 | bill of sale number
reflecting the acquisition of such | ||||||
23 | part;
| ||||||
24 | (vi) the stock number assigned to the essential | ||||||
25 | part by the licensee,
if applicable;
| ||||||
26 | (vii) the date of the disposition of such part;
|
| |||||||
| |||||||
1 | (viii) the name and address of the person to whom | ||||||
2 | such
part was disposed of and, if that person is a | ||||||
3 | dealer, the Illinois or
out-of-state dealer license | ||||||
4 | number of that person;
| ||||||
5 | (ix) the uniform invoice number reflecting the | ||||||
6 | disposition of
such part.
| ||||||
7 | (B) Inspections of all essential parts shall be | ||||||
8 | conducted in accordance
with Section 5-402.1.
| ||||||
9 | (C) A separate entry containing all of the information | ||||||
10 | required to be
recorded in subparagraph (A) of paragraph | ||||||
11 | (2) of subsection (a) of this
Section shall be made for | ||||||
12 | each separate essential part. Separate entries
shall be | ||||||
13 | made regardless of whether the part was a large purchase
| ||||||
14 | acquisition. In addition, a separate entry shall be made | ||||||
15 | for each part
acquired for immediate sale or transfer, or | ||||||
16 | for placement into the overall
inventory or stock to be | ||||||
17 | disposed of at a later time, or for use on a
vehicle to be | ||||||
18 | materially altered by the licensee, or acquired for any | ||||||
19 | other
purpose or reason. Failure to make a separate entry | ||||||
20 | for each essential part
acquired or disposed of, or a | ||||||
21 | failure to record any of the specific
information required | ||||||
22 | to be recorded concerning the acquisition or
disposition of | ||||||
23 | each essential part as set forth in subparagraph (A) of
| ||||||
24 | paragraph (2) of subsection (a) shall constitute a failure | ||||||
25 | to keep records.
| ||||||
26 | (D) The vehicle's manufacturer's identification number |
| |||||||
| |||||||
1 | or Secretary of
State or Illinois Department of State | ||||||
2 | Police identification number for the
essential part shall | ||||||
3 | be ascertained and recorded even if such part is
acquired | ||||||
4 | from a person or dealer located in a State, territory, or | ||||||
5 | country
which does not require that such information be | ||||||
6 | recorded. If the vehicle's
manufacturer's identification | ||||||
7 | number or Secretary of State or
Illinois Department of | ||||||
8 | State Police identification number for an essential part
| ||||||
9 | cannot be obtained, that part shall not be acquired by the | ||||||
10 | licensee or any of
his agents or employees. If such part or | ||||||
11 | parts were physically acquired by the
licensee or any of | ||||||
12 | his agents or employees while the licensee or
agent or | ||||||
13 | employee was outside this State, that licensee or agent or
| ||||||
14 | employee was outside the State, that licensee, agent or | ||||||
15 | employee shall not
bring such essential part into this | ||||||
16 | State or cause it to be brought into
this State. The | ||||||
17 | acquisition or disposition of an essential part by a
| ||||||
18 | licensee without the recording of the vehicle | ||||||
19 | identification number or
Secretary of State identification | ||||||
20 | number for such part or the
transportation into the State | ||||||
21 | by the licensee or his agent or employee of
such part or | ||||||
22 | parts shall constitute a failure to keep records.
| ||||||
23 | (E) The records of essential parts required to be kept | ||||||
24 | by this Section
shall apply to all hulks, chassis, frames | ||||||
25 | or cowls, regardless of the age
of those essential parts. | ||||||
26 | The records required to be kept by this Section
for |
| |||||||
| |||||||
1 | essential parts other than hulks, chassis, frames or cowls, | ||||||
2 | shall apply
only to those essential parts which are 6 model | ||||||
3 | years of age or newer. In
determining the model year of | ||||||
4 | such an essential part it may be presumed
that the | ||||||
5 | identification number of the vehicle from which the | ||||||
6 | essential part
came or the identification number affixed to | ||||||
7 | the essential part itself
acquired by the licensee denotes | ||||||
8 | the model year of that essential part.
This presumption, | ||||||
9 | however, shall not apply if the gross appearance of the
| ||||||
10 | essential part does not correspond to the year, make or | ||||||
11 | model of either the
identification number of the vehicle | ||||||
12 | from which the essential part is
alleged to have come or | ||||||
13 | the identification number which is affixed to the
essential | ||||||
14 | part itself. To determine whether an essential part is 6 | ||||||
15 | years
of age or newer within this paragraph, the model year | ||||||
16 | of the
essential part shall be subtracted from the calendar | ||||||
17 | year in which the
essential part is acquired or disposed of | ||||||
18 | by the licensee. If the
remainder is 6 or less, the record | ||||||
19 | of the acquisition or disposition of
that essential part | ||||||
20 | shall be kept as required by this Section.
| ||||||
21 | (F) The requirements of paragraph (2) of subsection (a) | ||||||
22 | of this
Section shall not apply to the disposition of an | ||||||
23 | essential part other than
a cowl which has been damaged or | ||||||
24 | altered to a state in which it can no
longer be returned to | ||||||
25 | a usable condition and which is being sold or
transferred | ||||||
26 | to a scrap processor or for delivery to a scrap processor.
|
| |||||||
| |||||||
1 | (3) the following records for vehicles on which junking | ||||||
2 | certificates are
obtained shall be kept:
| ||||||
3 | (A) the year, make, model, style and color of the | ||||||
4 | vehicle;
| ||||||
5 | (B) the vehicle's manufacturer's identification number | ||||||
6 | or, if
applicable, the Secretary of State or Illinois | ||||||
7 | 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 certificate of title number or salvage | ||||||
14 | certificate number for
the vehicle, if applicable;
| ||||||
15 | (F) the junking certificate number obtained by the | ||||||
16 | licensee; this entry
shall be recorded at the close of | ||||||
17 | business of the fifth business
day after
receiving the | ||||||
18 | junking certificate;
| ||||||
19 | (G) the name and address of the person to whom the | ||||||
20 | junking certificate
has been assigned, if applicable, and | ||||||
21 | if that person is a dealer, the Illinois
or out-of-state | ||||||
22 | dealer license number of that dealer;
| ||||||
23 | (H) if the vehicle or any part of the vehicle is | ||||||
24 | dismantled for its
parts to be disposed of in any way, or | ||||||
25 | if such parts are to be used by the
licensee to materially | ||||||
26 | alter a vehicle, those essential parts shall be
recorded |
| |||||||
| |||||||
1 | and the entries required by
paragraph (2) of subsection (a) | ||||||
2 | shall be made.
| ||||||
3 | (4) The following records for rebuilt vehicles shall be | ||||||
4 | kept:
| ||||||
5 | (A) the year, make, model, style and color of the | ||||||
6 | vehicle;
| ||||||
7 | (B) the vehicle's manufacturer's identification number | ||||||
8 | of the vehicle
or, if applicable, the Secretary of State or | ||||||
9 | Illinois Department of State
Police identification number;
| ||||||
10 | (C) the date the vehicle was acquired;
| ||||||
11 | (D) the name and address of the person from whom the
| ||||||
12 | vehicle was acquired, and if that person is a dealer, the | ||||||
13 | Illinois or
out-of-state dealer license number of that
| ||||||
14 | person;
| ||||||
15 | (E) the salvage certificate number for the vehicle;
| ||||||
16 | (F) the newly issued certificate of title number for | ||||||
17 | the vehicle;
| ||||||
18 | (G) the date of disposition of the vehicle;
| ||||||
19 | (H) the name and address of the person to whom the | ||||||
20 | vehicle was
disposed, and if a dealer, the Illinois or | ||||||
21 | out-of-state dealer license
number of that dealer;
| ||||||
22 | (I) The sale price of the vehicle.
| ||||||
23 | (a-1) A person licensed or required to be licensed under | ||||||
24 | Section 5-101 or
Section 5-102 of this Code who issues | ||||||
25 | temporary registration permits as
permitted by
this Code and by | ||||||
26 | rule must electronically file the registration with the
|
| |||||||
| |||||||
1 | Secretary and must maintain records of the registration in the | ||||||
2 | manner
prescribed by the Secretary.
| ||||||
3 | (b) A failure to make separate entries for each vehicle | ||||||
4 | acquired,
disposed of, or assigned, or a failure to record any | ||||||
5 | of the specific
information required to be recorded concerning | ||||||
6 | the acquisition or
disposition of each vehicle as set forth in | ||||||
7 | paragraphs (1),
(3) and (4) of subsection (a) shall constitute | ||||||
8 | a failure to keep records.
| ||||||
9 | (c) All entries relating to the acquisition of a vehicle or | ||||||
10 | essential
part required by subsection (a) of this Section shall | ||||||
11 | be recorded no later than
the close of business on the seventh | ||||||
12 | calendar day following such acquisition.
All entries relating | ||||||
13 | to the disposition of a vehicle or an essential part
shall be | ||||||
14 | made at the time of such disposition. If the vehicle or | ||||||
15 | essential
part was disposed of on the same day as its | ||||||
16 | acquisition or the day
thereafter, the entries relating to the | ||||||
17 | acquisition of the vehicle or
essential part shall be made at | ||||||
18 | the time of the disposition of the vehicle
or essential part. | ||||||
19 | Failure to make the entries required in or at the times
| ||||||
20 | prescribed by this subsection following the acquisition or | ||||||
21 | disposition of
such vehicle or essential part shall constitute | ||||||
22 | a failure to keep records.
| ||||||
23 | (d) Every person licensed or required to be licensed shall,
| ||||||
24 | before accepting delivery of a used vehicle, inspect the
| ||||||
25 | vehicle to determine whether the manufacturer's public vehicle
| ||||||
26 | identification number has been defaced, destroyed,
falsified, |
| |||||||
| |||||||
1 | removed, altered, or tampered with in any way. If the person
| ||||||
2 | making the inspection determines that the manufacturer's | ||||||
3 | public vehicle
identification number has been altered, | ||||||
4 | removed, defaced, destroyed,
falsified or tampered with he | ||||||
5 | shall not acquire that vehicle but instead
shall promptly | ||||||
6 | notify law enforcement authorities of his finding.
| ||||||
7 | (e) The information required to be kept in subsection (a) | ||||||
8 | of this
Section shall be kept in a manner prescribed by rule or | ||||||
9 | regulation of the
Secretary of State.
| ||||||
10 | (f) Every person licensed or required to be licensed shall | ||||||
11 | have in his
possession a separate certificate of title, salvage | ||||||
12 | certificate, junking
certificate, certificate of purchase, | ||||||
13 | uniform invoice, out-of-state bill of
sale or other acceptable | ||||||
14 | documentary evidence of his right to the
possession of every | ||||||
15 | vehicle or essential part.
| ||||||
16 | (g) Every person licensed or required to be licensed as a | ||||||
17 | transporter
under Section 5-201 shall maintain for 3 years, in | ||||||
18 | such form as the
Secretary of State may by rule or regulation | ||||||
19 | prescribe, at his principal
place of business a record of every | ||||||
20 | vehicle transported by him, including
numbers of or other marks | ||||||
21 | of identification thereof, the names and
addresses of persons | ||||||
22 | from whom and to whom the vehicle was delivered and
the dates | ||||||
23 | of delivery.
| ||||||
24 | (h) No later than 15 days prior to going out of business, | ||||||
25 | selling the
business, or transferring the ownership of the | ||||||
26 | business, the licensee shall
notify the Secretary of State that |
| |||||||
| |||||||
1 | he is going out of business or that he
is transferring the | ||||||
2 | ownership of the business. Failure to notify under this
| ||||||
3 | paragraph shall constitute a failure to keep records.
| ||||||
4 | (i) (Blank).
| ||||||
5 | (j) A person who knowingly fails to comply with the | ||||||
6 | provisions of this
Section or
knowingly fails to obey, observe, | ||||||
7 | or comply with any order of the Secretary or
any law
| ||||||
8 | enforcement agency issued
in accordance with this Section is | ||||||
9 | guilty of a Class B misdemeanor for the
first violation and a | ||||||
10 | Class A misdemeanor for the second and subsequent
violations. | ||||||
11 | Each violation constitutes a separate and distinct offense and | ||||||
12 | a
separate count may be brought in the same indictment or | ||||||
13 | information for each
vehicle or each essential part of a | ||||||
14 | vehicle for which a record was not kept as
required by this | ||||||
15 | Section.
| ||||||
16 | (k) Any person convicted of failing to keep the records | ||||||
17 | required by this
Section with intent to conceal the identity or | ||||||
18 | origin of a vehicle or its
essential parts or with intent to | ||||||
19 | defraud the public in the transfer or sale of
vehicles or their | ||||||
20 | essential parts is guilty of a Class 2 felony. Each violation
| ||||||
21 | constitutes a separate and distinct offense and a separate | ||||||
22 | count may be brought
in the same indictment or information for | ||||||
23 | each vehicle or
essential part of a vehicle for which a record | ||||||
24 | was not kept as required by this
Section.
| ||||||
25 | (l) A person may not be criminally charged with or | ||||||
26 | convicted of both a
knowing failure to comply with this Section |
| |||||||
| |||||||
1 | and a knowing failure to comply
with any order, if both | ||||||
2 | offenses involve the same record keeping violation.
| ||||||
3 | (m) The Secretary shall adopt rules necessary for | ||||||
4 | implementation of this
Section, which may include the | ||||||
5 | imposition of administrative fines.
| ||||||
6 | (Source: P.A. 91-415, eff. 1-1-00; 92-773, eff. 8-6-02.)
| ||||||
7 | (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
| ||||||
8 | Sec. 5-403. (1) Authorized representatives of the | ||||||
9 | Secretary of State
including officers of the Secretary of | ||||||
10 | State's Department of Police, other
peace officers, and such | ||||||
11 | other individuals as the Secretary may designate
from time to | ||||||
12 | time shall make inspections of individuals and facilities | ||||||
13 | licensed
or required to be licensed under Chapter 5 of the | ||||||
14 | Illinois Vehicle Code
for the purpose of reviewing records | ||||||
15 | required to be maintained under
Chapter 5 for accuracy and | ||||||
16 | completeness and reviewing and examining the
premises of the | ||||||
17 | licensee's established or additional place of business
for the | ||||||
18 | purpose of determining the accuracy of the required records.
| ||||||
19 | Premises that may be inspected in order to determine the | ||||||
20 | accuracy of the
books and records required to be kept includes | ||||||
21 | all premises used by the
licensee to store vehicles and parts | ||||||
22 | that are reflected by the required books and records.
| ||||||
23 | (2) Persons having knowledge of or conducting inspections | ||||||
24 | pursuant to
this Chapter shall not in advance of such | ||||||
25 | inspections knowingly notify a
licensee or representative of a |
| |||||||
| |||||||
1 | licensee of the contemplated inspection
unless the Secretary or | ||||||
2 | an individual designated by him for this purpose
authorizes | ||||||
3 | such notification. Any individual who, without authorization,
| ||||||
4 | knowingly violates this subparagraph shall be guilty of a Class | ||||||
5 | A misdemeanor.
| ||||||
6 | (3) The licensee or a representative of the licensee shall | ||||||
7 | be entitled
to be present during an inspection conducted | ||||||
8 | pursuant to Chapter 5, however,
the presence of the licensee or | ||||||
9 | an authorized representative of the licensee
is not a condition | ||||||
10 | precedent to such an inspection.
| ||||||
11 | (4) Inspection conducted pursuant to Chapter 5 may be | ||||||
12 | initiated at any
time that business is being conducted or work | ||||||
13 | is being performed, whether
or not open to the public or when | ||||||
14 | the licensee or a representative of the
licensee, other than a | ||||||
15 | mere custodian or watchman, is present. The fact
that a | ||||||
16 | licensee or representative of the licensee leaves the licensed | ||||||
17 | premises
after an inspection has been initiated shall not | ||||||
18 | require the termination
of the inspection.
| ||||||
19 | (5) Any inspection conducted pursuant to Chapter 5 shall | ||||||
20 | not continue
for more than 24 hours after initiation.
| ||||||
21 | (6) In the event information comes to the attention of the | ||||||
22 | individuals
conducting an inspection that may give rise to the | ||||||
23 | necessity of obtaining
a search warrant, and in the event steps | ||||||
24 | are initiated for the procurement
of a search warrant, the | ||||||
25 | individuals conducting such inspection may take
all necessary | ||||||
26 | steps to secure the premises under inspection until the warrant
|
| |||||||
| |||||||
1 | application is acted upon by a judicial officer.
| ||||||
2 | (7) No more than 6 inspections of a premises may be | ||||||
3 | conducted pursuant
to Chapter 5 within any 6 month period | ||||||
4 | except pursuant to a search warrant.
Notwithstanding this | ||||||
5 | limitation, nothing in this subparagraph (7) shall be
construed | ||||||
6 | to limit the authority of law enforcement agents to respond to
| ||||||
7 | public complaints of violations of the Code. For the purpose of | ||||||
8 | this
subparagraph (7), a public complaint is one in which the | ||||||
9 | complainant identifies
himself or herself and sets forth, in | ||||||
10 | writing, the specific basis for their
complaint against the | ||||||
11 | licensee. For the purpose of this subparagraph (7), the | ||||||
12 | inspection of records pertaining only to scrap metals, as | ||||||
13 | provided in subdivision (a)(5) of Section 5-401.3 of this Code, | ||||||
14 | shall not be counted as an inspection of a premises.
| ||||||
15 | (8) Nothing in this Section shall be construed to limit the | ||||||
16 | authority
of individuals by the Secretary pursuant to this | ||||||
17 | Section to conduct searches
of licensees pursuant to a duly | ||||||
18 | issued and authorized search warrant.
| ||||||
19 | (9) Any licensee who, having been informed by a person | ||||||
20 | authorized to
make inspections and examine records under this | ||||||
21 | Section that he desires to
inspect records and the licensee's | ||||||
22 | premises as authorized by this Section,
refuses either to | ||||||
23 | produce for that person records required to be kept by
this | ||||||
24 | Chapter or to permit such authorized person to make an | ||||||
25 | inspection of
the premises in accordance with this Section | ||||||
26 | shall subject the license to
immediate suspension by the |
| |||||||
| |||||||
1 | Secretary of State.
| ||||||
2 | (10) (Blank). Beginning July 1, 1988, any person licensed | ||||||
3 | under 5-302 shall
produce for inspection upon demand those | ||||||
4 | records pertaining to the
acquisition of salvage vehicles in | ||||||
5 | this State. This inspection may be
conducted at the principal | ||||||
6 | offices of the Secretary of State.
| ||||||
7 | (Source: P.A. 95-253, eff. 1-1-08.)
| ||||||
8 | (625 ILCS 5/5-702) (from Ch. 95 1/2, par. 5-702)
| ||||||
9 | Sec. 5-702. No person shall engage in the business of | ||||||
10 | auctioning any
vehicles for which a salvage certificate is | ||||||
11 | required by law
except to a bidder who is an out-of-state | ||||||
12 | salvage vehicle buyer or who is properly licensed
as a | ||||||
13 | rebuilder, automotive parts recycler, or scrap processor or | ||||||
14 | out-of-state
salvage buyer , as required by Section Sections | ||||||
15 | 5-301 and 5-302 of this Chapter.
| ||||||
16 | (Source: P.A. 89-663, eff. 8-14-96.)
| ||||||
17 | (625 ILCS 5/1-154.7 rep.)
| ||||||
18 | (625 ILCS 5/5-302 rep.)
| ||||||
19 | Section 15. The Illinois Vehicle Code is amended by | ||||||
20 | repealing Sections 1-154.7 and 5-302.
|