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Rep. Daniel V. Beiser
Filed: 4/1/2011
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1 | | AMENDMENT TO HOUSE BILL 3340
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2 | | AMENDMENT NO. ______. Amend House Bill 3340 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 1-105.3, 1-171.01a, 1-171.01c, 3-117.1, |
6 | | 3-901, 3-902, 3-903, 3-904, 3-906, 3-907, 3-913, and 5-301 as |
7 | | follows:
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8 | | (625 ILCS 5/1-105.3)
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9 | | Sec. 1-105.3. Automotive parts recycler. A person who is in |
10 | | the business
of acquiring previously owned vehicles and vehicle |
11 | | parts for the primary
purpose of disposing of parts of vehicles |
12 | | in a manner other than that described
in the definition of a |
13 | | "scrap processor" in this Code or disposing of previously owned |
14 | | vehicles in the manner described in the definition of a "scrap |
15 | | processor" in this Code .
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16 | | (Source: P.A. 90-89, eff. 1-1-98.)
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1 | | (625 ILCS 5/1-171.01a)
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2 | | Sec. 1-171.01a. Remittance agent. For the purposes of |
3 | | Article IX of
Chapter 3, the term "remittance agent" means any |
4 | | person who holds himself or
herself out
to the public as being |
5 | | engaged in or who engages in accepting money for
remittance to |
6 | | the State of Illinois or any of its instrumentalities or
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7 | | political subdivisions, or to any of their officials, for the |
8 | | payment of
registration plates, vehicle certificates of title, |
9 | | taxes, vehicle taxes or vehicle license or registration fees |
10 | | regardless of when the
money is accepted from the public or |
11 | | remitted to the State, whether or not the
person renders any |
12 | | other service in connection with the making of any such
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13 | | remittance or is engaged in any other endeavor. The term |
14 | | "remittance agent"
does not include any licensed dealer in |
15 | | motor vehicles who accepts
money for remittance to the State of |
16 | | Illinois for the payment of registration plates, vehicle |
17 | | certificates of title, taxes, vehicle taxes
or vehicle licenses |
18 | | or registration fees as an incident to his or her business
as a
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19 | | motor vehicle dealer.
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20 | | (Source: P.A. 90-89, eff. 1-1-98.)
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21 | | (625 ILCS 5/1-171.01c)
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22 | | Sec. 1-171.01c. Remitter. Any person who gives money to a |
23 | | remittance
agent
to submit to the State of Illinois and its |
24 | | licensing and taxing agencies for
the payment of registration |
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1 | | plates, vehicle certificates of title, taxes, or vehicle taxes |
2 | | or vehicle license and registration fees.
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3 | | (Source: P.A. 90-89, eff. 1-1-98.)
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4 | | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
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5 | | Sec. 3-117.1. When junking certificates or salvage |
6 | | certificates must
be obtained. |
7 | | (a) Except as provided in Chapter 4 of this Code, a person |
8 | | who possesses a
junk vehicle shall within 15 days cause the |
9 | | certificate of title, salvage
certificate, certificate of |
10 | | purchase, or a similarly acceptable out of state
document of |
11 | | ownership to be surrendered to the Secretary of State along |
12 | | with an
application for a junking certificate, except as |
13 | | provided in Section 3-117.2,
whereupon the Secretary of State |
14 | | shall issue to such a person a junking
certificate, which shall |
15 | | authorize the holder thereof to possess, transport,
or, by an |
16 | | endorsement, transfer ownership in such junked vehicle, and a
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17 | | certificate of title shall not again be issued for such |
18 | | vehicle.
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19 | | A licensee who possesses a junk vehicle and a Certificate |
20 | | of Title,
Salvage Certificate, Certificate of Purchase, or a |
21 | | similarly acceptable
out-of-state document of ownership for |
22 | | such junk vehicle, may transport the
junk vehicle to another |
23 | | licensee prior to applying for or obtaining a
junking |
24 | | certificate, by executing a uniform invoice. The licensee
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25 | | transferor shall furnish a copy of the uniform invoice to the |
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1 | | licensee
transferee at the time of transfer. In any case, the |
2 | | licensee transferor
shall apply for a junking certificate in |
3 | | conformance with Section 3-117.1
of this Chapter. The following |
4 | | information shall be contained on a uniform
invoice:
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5 | | (1) The business name, address and dealer license |
6 | | number of the person
disposing of the vehicle, junk vehicle |
7 | | or vehicle cowl;
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8 | | (2) The name and address of the person acquiring the |
9 | | vehicle, junk
vehicle or vehicle cowl, and if that person |
10 | | is a dealer, the Illinois or
out-of-state dealer license |
11 | | number of that dealer;
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12 | | (3) The date of the disposition of the vehicle, junk |
13 | | vehicle or vehicle
cowl;
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14 | | (4) The year, make, model, color and description of |
15 | | each vehicle, junk
vehicle or vehicle cowl disposed of by |
16 | | such person;
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17 | | (5) The manufacturer's vehicle identification number, |
18 | | Secretary of State
identification number or Illinois |
19 | | Department of State Police number,
for each vehicle, junk |
20 | | vehicle or vehicle cowl part disposed of by such person;
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21 | | (6) The printed name and legible signature of the |
22 | | person or agent
disposing of the vehicle, junk vehicle or |
23 | | vehicle cowl; and
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24 | | (7) The printed name and legible signature of the |
25 | | person accepting
delivery of the vehicle, junk vehicle or |
26 | | vehicle cowl.
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1 | | The Secretary of State may certify a junking manifest in a |
2 | | form prescribed by
the Secretary of State that reflects those |
3 | | vehicles for which junking
certificates have been applied or |
4 | | issued. A junking manifest
may be issued to any person and it |
5 | | shall constitute evidence of ownership
for the vehicle listed |
6 | | upon it. A junking manifest may be transferred only
to a person |
7 | | licensed under Section 5-301 of this Code as a scrap processor.
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8 | | A junking manifest will allow the transportation of those
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9 | | vehicles to a scrap processor prior to receiving the junk |
10 | | certificate from
the Secretary of State.
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11 | | (b) An application for a salvage certificate shall be |
12 | | submitted to the
Secretary of State in any of the following |
13 | | situations:
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14 | | (1) When an insurance company makes a payment of |
15 | | damages on a total loss
claim for a vehicle, the insurance |
16 | | company shall be deemed to be the owner of
such vehicle and |
17 | | the vehicle shall be considered to be salvage except that
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18 | | ownership of (i) a vehicle that has incurred only hail |
19 | | damage that does
not
affect the operational safety of the |
20 | | vehicle or (ii) any vehicle
9 model years of age or older |
21 | | may, by agreement between
the registered owner and the |
22 | | insurance company, be retained by the registered
owner of |
23 | | such vehicle. The insurance company shall promptly deliver |
24 | | or mail
within 20 days the certificate of title along with |
25 | | proper application and fee
to the Secretary of State, and a |
26 | | salvage certificate shall be issued in the
name of the |
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1 | | insurance company. Notwithstanding the foregoing, an |
2 | | insurer making payment of damages on a total loss claim for |
3 | | the theft of a vehicle shall not be required to apply for a |
4 | | salvage certificate unless the vehicle is recovered and has |
5 | | incurred damage that initially would have caused the |
6 | | vehicle to be declared a total loss by the insurer. |
7 | | (1.1) When a vehicle of a self-insured company is to be |
8 | | sold in the State of Illinois and has sustained damaged by |
9 | | collision, fire, theft, rust corrosion, or other means so |
10 | | that the self-insured company determines the vehicle to be |
11 | | a total loss, or if the cost of repairing the damage, |
12 | | including labor, would be greater than 33 1/3% 50% of its |
13 | | fair market value without that damage, the vehicle shall be |
14 | | considered salvage. The self-insured company shall |
15 | | promptly deliver the certificate of title along with proper |
16 | | application and fee to the Secretary of State, and a |
17 | | salvage certificate shall be issued in the name of the |
18 | | self-insured company. A self-insured company making |
19 | | payment of damages on a total loss claim for the theft of a |
20 | | vehicle may exchange the salvage certificate for a |
21 | | certificate of title if the vehicle is recovered without |
22 | | damage. In such a situation, the self-insured shall fill |
23 | | out and sign a form prescribed by the Secretary of State |
24 | | which contains an affirmation under penalty of perjury that |
25 | | the vehicle was recovered without damage and the Secretary |
26 | | of State may, by rule, require photographs to be submitted.
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1 | | (2) When a vehicle the ownership of which has been |
2 | | transferred to any
person through a certificate of purchase |
3 | | from acquisition of the vehicle at an
auction, other |
4 | | dispositions as set forth in Sections 4-208 and 4-209
of |
5 | | this Code, a lien arising under Section 18a-501 of this |
6 | | Code,
or a public sale under the Abandoned Mobile Home Act |
7 | | shall be deemed
salvage or junk at the option of the |
8 | | purchaser. The person acquiring such
vehicle in such manner |
9 | | shall promptly deliver or mail, within 20 days after the
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10 | | acquisition of the vehicle, the certificate of purchase, |
11 | | the
proper application and fee, and, if the vehicle is an |
12 | | abandoned mobile home
under the Abandoned Mobile Home Act, |
13 | | a certification from a local law
enforcement agency that |
14 | | the vehicle was purchased or acquired at a public sale
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15 | | under the Abandoned Mobile Home Act to the Secretary of |
16 | | State and a salvage
certificate or junking certificate |
17 | | shall be issued in the name of that person.
The salvage |
18 | | certificate or junking certificate issued by the Secretary |
19 | | of State
under this Section shall be free of any lien that |
20 | | existed against the vehicle
prior to the time the vehicle |
21 | | was acquired by the applicant under this Code.
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22 | | (3) A vehicle which has been repossessed by a |
23 | | lienholder shall be
considered to be salvage only when the |
24 | | repossessed vehicle, on the date of
repossession by the |
25 | | lienholder, has sustained damage by collision, fire, |
26 | | theft,
rust corrosion, or other means so that the cost of |
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1 | | repairing
such damage, including labor, would be greater |
2 | | than 33 1/3% of its fair market
value without such damage. |
3 | | If the lienholder determines that such vehicle is
damaged |
4 | | in excess of 33 1/3% of such fair market value, the |
5 | | lienholder shall,
before sale, transfer or assignment of |
6 | | the vehicle, make application for a
salvage certificate, |
7 | | and shall submit with such application the proper fee
and |
8 | | evidence of possession. If the facts required to be shown |
9 | | in
subsection (f) of Section 3-114 are satisfied, the |
10 | | Secretary of State shall
issue a salvage certificate in the |
11 | | name of the lienholder making the
application. In any case |
12 | | wherein the vehicle repossessed is not damaged in
excess of |
13 | | 33 1/3% of its fair market value, the lienholder
shall |
14 | | comply with the requirements of subsections (f), (f-5), and |
15 | | (f-10) of
Section 3-114, except that the affidavit of |
16 | | repossession made by or on behalf
of the lienholder
shall |
17 | | also contain an affirmation under penalty of perjury that |
18 | | the vehicle
on
the date of sale is not
damaged in
excess of |
19 | | 33 1/3% of its fair market value. If the facts required to |
20 | | be shown
in subsection (f) of Section 3-114 are satisfied, |
21 | | the Secretary of State
shall issue a certificate of title |
22 | | as set forth in Section 3-116 of this Code.
The Secretary |
23 | | of State may by rule or regulation require photographs to |
24 | | be
submitted.
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25 | | (4) A vehicle which is a part of a fleet of more than 5 |
26 | | commercial
vehicles registered in this State or any other |
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1 | | state or registered
proportionately among several states |
2 | | shall be considered to be salvage when
such vehicle has |
3 | | sustained damage by collision, fire, theft, rust,
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4 | | corrosion or similar means so that the cost of repairing |
5 | | such damage, including
labor, would be greater than 33 1/3% |
6 | | of the fair market value of the vehicle
without such |
7 | | damage. If the owner of a fleet vehicle desires to sell,
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8 | | transfer, or assign his interest in such vehicle to a |
9 | | person within this State
other than an insurance company |
10 | | licensed to do business within this State, and
the owner |
11 | | determines that such vehicle, at the time of the proposed |
12 | | sale,
transfer or assignment is damaged in excess of 33 |
13 | | 1/3% of its fair market
value, the owner shall, before such |
14 | | sale, transfer or assignment, make
application for a |
15 | | salvage certificate. The application shall contain with it
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16 | | evidence of possession of the vehicle. If the fleet vehicle |
17 | | at the time of its
sale, transfer, or assignment is not |
18 | | damaged in excess of 33 1/3% of its
fair market value, the |
19 | | owner shall so state in a written affirmation on a
form |
20 | | prescribed by the Secretary of State by rule or regulation. |
21 | | The
Secretary of State may by rule or regulation require |
22 | | photographs to be
submitted. Upon sale, transfer or |
23 | | assignment of the fleet vehicle the
owner shall mail the |
24 | | affirmation to the Secretary of State.
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25 | | (5) A vehicle that has been submerged in water to the
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26 | | point that rising water has reached over the door sill and |
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1 | | has
entered the
passenger or trunk compartment is a "flood |
2 | | vehicle". A flood vehicle shall
be considered to be salvage |
3 | | only if the vehicle has sustained damage so that
the cost |
4 | | of repairing the damage, including labor, would be greater |
5 | | than 33
1/3% of the fair market value of the vehicle |
6 | | without that damage. The salvage
certificate issued under |
7 | | this
Section shall indicate the word "flood", and the word |
8 | | "flood" shall be
conspicuously entered on subsequent |
9 | | titles for the vehicle. A person who
possesses or acquires |
10 | | a flood vehicle that is not damaged in excess of 33 1/3%
of |
11 | | its fair market value shall make application for title in |
12 | | accordance with
Section 3-116 of this Code, designating the |
13 | | vehicle as "flood" in a manner
prescribed by the Secretary |
14 | | of State. The certificate of title issued shall
indicate |
15 | | the word "flood", and the word "flood" shall be |
16 | | conspicuously entered
on subsequent titles for the |
17 | | vehicle.
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18 | | (6) When any licensed rebuilder, repairer, new or used |
19 | | vehicle dealer, or remittance agent has submitted an |
20 | | application for title to a vehicle that he or she knows or |
21 | | reasonably should have known to have sustained damages in |
22 | | excess of 33 1/3% of the vehicle's fair market value |
23 | | without that damage; provided, however, that any |
24 | | application for a salvage certificate for a vehicle |
25 | | recovered from theft and acquired from an insurance company |
26 | | shall be made as required by paragraph (1) of this |
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1 | | subsection (b). |
2 | | (c) Any person who without authority acquires, sells, |
3 | | exchanges, gives
away, transfers or destroys or offers to |
4 | | acquire, sell, exchange, give
away, transfer or destroy the |
5 | | certificate of title to any vehicle which is
a junk or salvage |
6 | | vehicle shall be guilty of a Class 3 felony.
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7 | | (d) Any person who knowingly fails to surrender to the |
8 | | Secretary of State a
certificate of title, salvage certificate, |
9 | | certificate of purchase or a
similarly acceptable out-of-state |
10 | | document of ownership as required under
the provisions of this |
11 | | Section is guilty of a Class A misdemeanor for a
first offense |
12 | | and a Class 4 felony for a subsequent offense; except that a
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13 | | person licensed under this Code who violates paragraph (5) of |
14 | | subsection (b)
of this Section is
guilty of a business offense |
15 | | and shall be fined not less than $1,000 nor more
than $5,000 |
16 | | for a first offense and is guilty of a Class 4 felony
for a |
17 | | second or subsequent violation.
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18 | | (e) Any vehicle which is salvage or junk may not be driven |
19 | | or operated
on roads and highways within this State. A |
20 | | violation of this subsection is
a Class A misdemeanor. A |
21 | | salvage vehicle displaying valid special plates
issued under |
22 | | Section 3-601(b) of this Code, which is being driven to or
from |
23 | | an inspection conducted under Section 3-308 of this Code, is |
24 | | exempt
from the provisions of this subsection. A salvage |
25 | | vehicle for which a
short term permit has been issued under |
26 | | Section 3-307 of this Code is
exempt from the provisions of |
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1 | | this subsection for the duration of the permit.
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2 | | (Source: P.A. 95-495, eff. 1-1-08; 95-783, eff. 1-1-09.)
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3 | | (625 ILCS 5/3-901) (from Ch. 95 1/2, par. 3-901)
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4 | | Sec. 3-901. Purpose of Article.
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5 | | Many persons throughout the State hold themselves out to |
6 | | the public as
being engaged in, and have engaged in, accepting |
7 | | money from members of the
public for remittance to the State of |
8 | | Illinois, and its licensing and
taxing agencies in payment of |
9 | | registration plates, vehicle certificates of title, taxes, |
10 | | vehicle taxes or vehicle license or
registration fees. Some of |
11 | | these persons have failed to make such
remittance with the |
12 | | consequent loss to the remitters. It is the public
policy of |
13 | | this State that its people be protected against such hazards.
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14 | | (Source: P.A. 76-1705.)
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15 | | (625 ILCS 5/3-902) (from Ch. 95 1/2, par. 3-902)
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16 | | Sec. 3-902. Application of Article.
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17 | | This Article shall not apply to (1) any person who accepts |
18 | | for
remittance only such sums as he is authorized to collect by |
19 | | the remittee as
its agent, and (2) to any person who, in |
20 | | connection with the issuance of a
license to him to conduct a |
21 | | business in this State other than a remitter's license , shall |
22 | | have filed,
pursuant to a statutory requirement, a surety bond |
23 | | covering the proper
discharge of any liability incurred by him |
24 | | in connection with the
acceptance for remittance of money for |
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1 | | the purposes designated in the
Article pursuant to which he or |
2 | | she is licensed ; provided he does not accept any
money for |
3 | | remittance, as a remittance agent, the proper transmittal of
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4 | | which is not covered by said bond .
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5 | | (Source: P.A. 76-1705.)
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6 | | (625 ILCS 5/3-903) (from Ch. 95 1/2, par. 3-903)
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7 | | Sec. 3-903. License.
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8 | | It shall be unlawful for any person , either as principal or |
9 | | agent, to
act as a "remittance agent" in the State of Illinois |
10 | | without first having
obtained or renewed , as the case may be, a |
11 | | license and posted a bond, as
hereafter provided.
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12 | | (Source: P.A. 76-1705.)
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13 | | (625 ILCS 5/3-904) (from Ch. 95 1/2, par. 3-904)
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14 | | Sec. 3-904. Application - Contents - Affidavits. Any person |
15 | | who desires to act as a "remittance agent" shall first file
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16 | | with the Secretary of State a written application for a |
17 | | license. The
application shall be under oath and shall contain |
18 | | the following:
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19 | | 1. The name and address of the applicant.
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20 | | 2. The address of each location at which the applicant |
21 | | intends to act as
a remittance agent.
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22 | | 3. The applicant's business, occupation or profession.
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23 | | 4. A statement disclosing whether he has been involved in |
24 | | any civil or
criminal litigation and if so, the material facts |
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1 | | pertaining thereto.
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2 | | 5. A statement that the applicant has not committed in the |
3 | | past 3 years any violation as determined in any civil, |
4 | | criminal, or administrative proceedings under the Retailers' |
5 | | Occupation Tax Act or under Article I or VII of Chapter 3 of |
6 | | this Code. |
7 | | 6. Any other information concerning the business of the |
8 | | applicant that the Secretary of State may prescribe. |
9 | | The application shall be accompanied by the affidavits of |
10 | | two persons
residing in the city or town of such applicant's |
11 | | residence. Such affiants
shall state that they have known the |
12 | | applicant for a period of at least two
years; that the |
13 | | applicant is of good moral character and that his
reputation |
14 | | for honesty and business integrity in the community in which he
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15 | | resides is good. If the applicant is not an individual, the |
16 | | requirements of
this paragraph shall apply to each of its |
17 | | officers or members.
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18 | | (Source: P.A. 83-387.)
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19 | | (625 ILCS 5/3-906) (from Ch. 95 1/2, par. 3-906)
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20 | | Sec. 3-906. Denial.
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21 | | The Secretary of State shall deny any application under |
22 | | this Article
upon any of the following grounds:
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23 | | (1) That the application contains any false or fraudulent |
24 | | statement; or
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25 | | (2) That the applicant has failed to furnish the |
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1 | | information required by
the Secretary or to file a bond as |
2 | | required; or
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3 | | (3) That the required fee has not been paid; or
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4 | | (4) That the applicant has failed to remit fees to the |
5 | | Secretary of
State or the Department of Revenue ; or
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6 | | (5) That the applicant has engaged in fraudulent practices; |
7 | | or
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8 | | (6) That the applicant or a member of his immediate family |
9 | | is an
employee of the Secretary of State; or
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10 | | (7) That the Secretary of State is authorized under any |
11 | | other provision
of law.
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12 | | If the Secretary of State denies the application for a |
13 | | license, or
renewal thereof, or revokes a license, he shall so |
14 | | order in writing and
notify the applicant thereof by certified |
15 | | mail. Upon the denial of an
application for a license, or |
16 | | renewal thereof, he shall return the license
fee. An applicant |
17 | | may contest the denial of an application for a license or |
18 | | renewal thereof by requesting an administrative hearing |
19 | | pursuant to Section 2-118 of this Code No application shall be |
20 | | denied unless the applicant has had an
opportunity for a fair |
21 | | hearing in connection therewith .
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22 | | (Source: P.A. 77-84.)
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23 | | (625 ILCS 5/3-907) (from Ch. 95 1/2, par. 3-907)
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24 | | Sec. 3-907. Suspension or revocation.
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25 | | Such license may be suspended or revoked by the Secretary |
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1 | | of State for
the violation of any provision of this Act or any |
2 | | rule or regulation of the
Secretary of State and for any reason |
3 | | which, had it existed or been known
to the Secretary of State |
4 | | at the time of the filing of the application for
such license, |
5 | | would have been good cause for the denial of such
application. |
6 | | The Secretary of State shall order such license suspended or |
7 | | revoked in writing and shall notify the licensee of the order |
8 | | by certified mail. A licensee may, upon receipt of an order of |
9 | | suspension or
revocation seek a hearing to review such order |
10 | | pursuant to Section 2-118 of this Code .
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11 | | (Source: P.A. 77-84.)
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12 | | (625 ILCS 5/3-913) (from Ch. 95 1/2, par. 3-913)
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13 | | Sec. 3-913. Hearings Hearing - Subpoenas . Hearings under |
14 | | this Article shall be governed by Section 2-118 of this
Act and |
15 | | the Administrative Review Law as amended, shall apply to and
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16 | | govern all proceedings for judicial review of any final order |
17 | | issued by the
Secretary of State. For the purposes of this
Act, |
18 | | the Secretary of State,
or the hearing officer as hereinafter |
19 | | provided, has power to require by
subpoena the attendance and |
20 | | testimony of witnesses, and the production of
all documentary |
21 | | evidence relating to any matter under hearing pursuant to
this |
22 | | Act, and shall issue such subpoenas at the request of an |
23 | | interested
party. The hearing officer may sign subpoenas in the |
24 | | name of the Secretary
of State.
|
25 | | The Secretary of State may, in his discretion, direct that |
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1 | | any hearing
pursuant to this Act, shall be held before a |
2 | | competent and qualified agent
of the Secretary of State, whom |
3 | | the Secretary of State shall designate as
the hearing officer |
4 | | in such matter. The Secretary of State and the hearing
officer |
5 | | are hereby empowered to, and shall, administer oaths and
|
6 | | affirmations to all witnesses appearing before them. The |
7 | | hearing officer,
upon the conclusion of the hearing before him, |
8 | | shall certify the evidence
to the Secretary of State, and may |
9 | | make recommendations in connection
therewith.
|
10 | | Any Circuit Court of this State, within the jurisdiction of |
11 | | which such
hearing is carried on, may, in case of contumacy, or |
12 | | refusal of a witness
to obey a subpoena, issue an order |
13 | | requiring such witness to appear before
the Secretary of State, |
14 | | or the hearing officer, or to produce documentary
evidence, or |
15 | | to give testimony touching the matter in question, and any
|
16 | | failure to obey such order of the court may be punished by such |
17 | | court as a
contempt thereof.
|
18 | | (Source: P.A. 82-783.)
|
19 | | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
|
20 | | Sec. 5-301. Automotive parts recyclers, scrap processors, |
21 | | repairers and
rebuilders must be licensed.
|
22 | | (a) No person in this State shall, except as an incident to
|
23 | | the servicing of vehicles, carry on or conduct the business
of |
24 | | a automotive parts recyclers, a scrap processor, a repairer,
or |
25 | | a rebuilder, unless licensed to do so in writing by the |
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1 | | Secretary of
State under this Section. No person shall rebuild |
2 | | a salvage vehicle
unless such person is licensed as a rebuilder |
3 | | by the Secretary of State
under this Section. No person shall |
4 | | engage in the business of acquiring previously owned vehicles |
5 | | for the primary purpose of disposing of those vehicles in the |
6 | | manner described in the definition of a "scrap processor" in |
7 | | this Code, nor shall any person acquire 5 or more vehicles in |
8 | | one calendar year for such primary purpose, unless such person |
9 | | is licensed as an automotive parts recycler by the Secretary of |
10 | | State under this Section. Each license shall be applied for and |
11 | | issued
separately, except that a license issued to a new |
12 | | vehicle dealer under
Section 5-101 of this Code shall also be |
13 | | deemed to be a repairer license.
|
14 | | (b) Any application filed with the Secretary of State, |
15 | | shall be duly
verified by oath, in such form as the Secretary |
16 | | of State may by rule or
regulation prescribe and shall contain:
|
17 | | 1. The name and type of business organization of the |
18 | | applicant and
his principal or additional places of |
19 | | business, if any, in this State.
|
20 | | 2. The kind or kinds of business enumerated in |
21 | | subsection (a) of
this Section to be conducted at each |
22 | | location.
|
23 | | 3. If the applicant is a corporation, a list of its |
24 | | officers,
directors, and shareholders having a ten percent |
25 | | or greater ownership
interest in the corporation, setting |
26 | | forth the residence address of each;
if the applicant is a |
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1 | | sole proprietorship, a partnership, an unincorporated
|
2 | | association, a trust, or any similar form of business |
3 | | organization, the
names and residence address of the |
4 | | proprietor or of each partner, member,
officer, director, |
5 | | trustee or manager.
|
6 | | 4. A statement that the applicant's officers, |
7 | | directors, shareholders
having a ten percent or greater |
8 | | ownership interest therein, proprietor,
partner, member, |
9 | | officer, director, trustee, manager, or other principals
|
10 | | in the business have not committed in the past three years |
11 | | any one
violation as determined in any civil or criminal or |
12 | | administrative
proceedings of any one of the following |
13 | | Acts:
|
14 | | (a) The Anti Theft Laws of the Illinois Vehicle |
15 | | Code;
|
16 | | (b) The "Certificate of Title Laws" of the Illinois |
17 | | Vehicle Code;
|
18 | | (c) The "Offenses against Registration and |
19 | | Certificates of Title Laws"
of the Illinois Vehicle |
20 | | Code;
|
21 | | (d) The "Dealers, Transporters, Wreckers and |
22 | | Rebuilders Laws" of the
Illinois Vehicle Code;
|
23 | | (e) Section 21-2 of the Criminal Code of 1961, |
24 | | Criminal Trespass to
Vehicles; or
|
25 | | (f) The Retailers Occupation Tax Act.
|
26 | | 5. A statement that the applicant's officers, |
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1 | | directors, shareholders
having a ten percent or greater |
2 | | ownership interest therein, proprietor,
partner, member, |
3 | | officer, director, trustee, manager or other principals
in |
4 | | the business have not committed in any calendar year 3 or |
5 | | more
violations, as determined in any civil or criminal or |
6 | | administrative
proceedings, of any one or more of the |
7 | | following Acts:
|
8 | | (a) The Consumer Finance Act;
|
9 | | (b) The Consumer Installment Loan Act;
|
10 | | (c) The Retail Installment Sales Act;
|
11 | | (d) The Motor Vehicle Retail Installment Sales |
12 | | Act;
|
13 | | (e) The Interest Act;
|
14 | | (f) The Illinois Wage Assignment Act;
|
15 | | (g) Part 8 of Article XII of the Code of Civil |
16 | | Procedure; or
|
17 | | (h) The Consumer Fraud Act.
|
18 | | 6. An application for a license shall be accompanied by |
19 | | the
following fees:
$50 for applicant's established place |
20 | | of business;
$25 for each
additional place of business, if |
21 | | any, to which the application pertains;
provided, however, |
22 | | that if such an application is made after June 15 of
any |
23 | | year, the license fee shall be $25 for applicant's |
24 | | established
place
of business plus $12.50 for each |
25 | | additional place of business, if
any,
to which the |
26 | | application pertains. License fees shall be returnable |
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1 | | only
in the event that such application shall be denied by |
2 | | the Secretary of
State.
|
3 | | 7. A statement that the applicant understands Chapter 1 |
4 | | through
Chapter 5 of this Code.
|
5 | | 8. A statement that the applicant shall comply with
|
6 | | subsection (e)
of this Section.
|
7 | | (c) Any change which renders no longer accurate any |
8 | | information
contained in any application for a license filed |
9 | | with the Secretary of
State shall be amended within 30 days |
10 | | after the occurrence of such
change on such form as the |
11 | | Secretary of State may prescribe by rule or
regulation, |
12 | | accompanied by an amendatory fee of $2.
|
13 | | (d) Anything in this chapter to the contrary, |
14 | | notwithstanding, no
person shall be licensed under this Section |
15 | | unless such person shall
maintain an established place of |
16 | | business as defined in this Chapter.
|
17 | | (e) The Secretary of State shall within a reasonable time |
18 | | after
receipt thereof, examine an application submitted to him |
19 | | under this
Section and unless he makes a determination that the |
20 | | application
submitted to him does not conform with the |
21 | | requirements of this Section
or that grounds exist for a denial |
22 | | of the application, as prescribed in
Section 5-501 of this |
23 | | Chapter, grant the applicant an original license
as applied for |
24 | | in writing for his established place of business and a
|
25 | | supplemental license in writing for each additional place of
|
26 | | business in such form as he may prescribe by rule or regulation |
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1 | | which shall
include the following:
|
2 | | 1. The name of the person licensed;
|
3 | | 2. If a corporation, the name and address of its |
4 | | officers or if a
sole proprietorship, a partnership, an |
5 | | unincorporated association or any
similar form of business |
6 | | organization, the name and address of the
proprietor or of |
7 | | each partner, member, officer, director, trustee or |
8 | | manager;
|
9 | | 3. A designation of the kind or kinds of business |
10 | | enumerated in
subsection (a) of this Section to be |
11 | | conducted at each location;
|
12 | | 4. In the case of an original license, the established |
13 | | place of
business of the licensee;
|
14 | | 5. In the case of a supplemental license, the |
15 | | established place of
business of the licensee and the |
16 | | additional place of business to which such
supplemental |
17 | | license pertains.
|
18 | | (f) The appropriate instrument evidencing the license or a |
19 | | certified
copy thereof, provided by the Secretary of State |
20 | | shall be kept, posted,
conspicuously in the established place |
21 | | of business of the
licensee and in each additional place of |
22 | | business, if any, maintained by
such licensee. The licensee |
23 | | also shall post conspicuously in the
established place of |
24 | | business and in each additional place of business a
notice |
25 | | which states that such business is required to be licensed by |
26 | | the
Secretary of State under Section 5-301, and which provides |
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1 | | the license
number of the business and the license expiration |
2 | | date. This notice also
shall advise the consumer that any |
3 | | complaints as to the quality of service
may be brought to the |
4 | | attention of the Attorney General. The information
required on |
5 | | this notice also shall be printed conspicuously on all
|
6 | | estimates and receipts for work by the licensee subject to this |
7 | | Section.
The Secretary of State shall prescribe the specific |
8 | | format of this notice.
|
9 | | (g) Except as provided in subsection (h) hereof, licenses |
10 | | granted
under this Section shall expire by operation of law on |
11 | | December 31 of
the calendar year for which they are granted |
12 | | unless sooner revoked or
cancelled under the provisions of |
13 | | Section 5-501 of this Chapter.
|
14 | | (h) Any license granted under this Section may be renewed |
15 | | upon
application and payment of the fee required herein as in |
16 | | the case of an
original license, provided, however, that in |
17 | | case an application for the
renewal of an effective license is |
18 | | made during the month of December,
such effective license shall |
19 | | remain in force until such application is
granted or denied by |
20 | | the Secretary of State.
|
21 | | (i) All automotive
repairers and
rebuilders shall, in |
22 | | addition to the requirements of subsections (a)
through
(h) of |
23 | | this Section, meet the following licensing requirements:
|
24 | | 1. Provide proof that the property on which first time
|
25 | | applicants plan to
do business is in compliance with local |
26 | | zoning laws and regulations, and
a listing of zoning |
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1 | | classification;
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2 | | 2. Provide proof that the applicant for a repairer's
|
3 | | license complies
with the proper workers' compensation |
4 | | rate code or classification, and
listing the code of |
5 | | classification for that industry;
|
6 | | 3. Provide proof that the applicant for a rebuilder's
|
7 | | license complies
with the proper workers' compensation |
8 | | rate code or classification for the
repair industry or the |
9 | | auto parts recycling industry and listing the code
of |
10 | | classification;
|
11 | | 4. Provide proof that the applicant has obtained or
|
12 | | applied for a
hazardous waste generator number, and listing |
13 | | the actual number if
available or certificate of exemption;
|
14 | | 5. Provide proof that applicant has proper liability
|
15 | | insurance, and
listing the name of the insurer and the |
16 | | policy number; and
|
17 | | 6. Provide proof that the applicant has obtained or
|
18 | | applied for the proper
State sales tax classification and |
19 | | federal identification tax number, and
listing the actual |
20 | | numbers if available.
|
21 | | (i-1) All automotive repairers shall provide proof that |
22 | | they comply with all requirements of the Automotive Collision |
23 | | Repair Act.
|
24 | | (j) All automotive
parts
recyclers shall, in addition to |
25 | | the requirements of subsections (a) through
(h) of this |
26 | | Section, meet the following licensing requirements:
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1 | | 1. A statement that the applicant purchases 5 vehicles
|
2 | | per year or has 5
hulks or chassis in stock;
|
3 | | 2. Provide proof that the property on which all first
|
4 | | time applicants will
do business does comply to the proper |
5 | | local zoning laws in existence, and
a listing of zoning |
6 | | classifications;
|
7 | | 3. Provide proof that applicant complies with the
|
8 | | proper workers'
compensation rate code or classification, |
9 | | and listing the code of
classification; and
|
10 | | 4. Provide proof that applicant has obtained or
applied |
11 | | for the proper
State sales tax classification and federal |
12 | | identification tax number, and
listing the actual numbers |
13 | | if available.
|
14 | | (Source: P.A. 94-784, eff. 1-1-07.)
|
15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.".
|