HB1059sam001 94TH GENERAL ASSEMBLY

Sen. Dave Sullivan

Filed: 4/28/2005

09400HB1059sam001 LRB094 09349 DRH 45371 a

AMENDMENT TO HOUSE BILL 1059

AMENDMENT NO. ______. Amend House Bill 1059 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 1-154.7 and 5-302 as follows:

(625 ILCS 5/1-154.7)

Sec. 1-154.7. Out-of-state salvage vehicle buyer. A person who is eligible to acquire salvage vehicles in his or her home state or country licensed in another state for the primary purpose of acquiring salvage vehicles and who is issued an out-of-state salvage vehicle buyer's identification card in this State for the sole purpose of acquiring salvage vehicles and taking them out of state.

(Source: P.A. 90-89, eff. 1-1-98.)

(625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)

Sec. 5-302. Out-of-state salvage vehicle buyer must be eligible to acquire salvage vehicles in his or her home state or country licensed.

(a) No person in this State shall sell or offer at auction salvage vehicles to a nonresident who has not been issued an out-of-state salvage vehicle buyer's ID card from the Secretary of State under this Section. To qualify for this ID card, the applicant shall submit the required fee and be eligible to acquire salvage vehicles in his or her home state or country with the application an out-of-state dealer license which is issued by the applicant's state and is substantially equivalent to that of a rebuilder, automotive parts recycler or scrap processor, as licensed under this Code.

(b) Any application filed with the Secretary of State, shall be duly verified by oath, in such form as the Secretary of State may by rule or regulation prescribe.

(c) An application for an out-of-state ID card shall be accompanied by a fee of $100; provided however, that if an application is made after June 15 of any year, the ID card fee shall be $50. Any fees shall be returnable only in the event that such application is denied by the Secretary of State.

(d) The Secretary of State shall within a reasonable time after receipt thereof, examine an application submitted to him under this Section and unless he makes a determination that the application submitted to him does not conform with the requirements of this Section or that grounds exist for a denial of the application, as prescribed in Section 5-501 of this Chapter, grant the applicant an out-of-state salvage vehicle buyer's ID card.

(e) Except as provided in subsection (f) of this Section, licenses granted under this Section shall expire by operation of law on December 31 of the calendar year for which they are granted unless revoked or cancelled under the provisions of Section 5-501 of this Chapter.

(f) Any license granted under this Section may be renewed upon application and payment of the fee required for an original license, provided however, that where an application for the renewal of a license is made during the month of December, the license in effect at the time of application for renewal shall remain in force until such application is granted or denied by the Secretary of State.

(g) An out-of-state salvage vehicle buyer shall be subject to the inspection of records pertaining to the acquisition of salvage vehicles in this State in accordance with this Code and such rules as the Secretary of State may promulgate.

(h) Beginning July 1, 1988, the application filed with the Secretary of State shall also contain:

1. The name and type of business organization of the applicant and his principal or other places of business;

2. If the applicant is a corporation, a list of its officers, directors, and shareholders having a 10% or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the names and residence address of the proprietor, or of each partner, member, officer, director, trustee or manager;

3. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principals in the business have not committed in the past 3 years any one violation as determined in any civil or criminal or administrative proceedings of any one of the following Acts:

(A) The "Anti Theft Laws" of the Illinois Vehicle Code;

(B) The "Certificate of Title Laws" of the Illinois Vehicle Code;

(C) The "Offenses against Registration and Certificates of Title Laws" of the Illinois Vehicle Code;

(D) The "Dealers, Transporters, Wreckers and Rebuilders Laws" of the Illinois Vehicle Code;

(E) Section 21-2 of the Criminal Code of 1961, Criminal Trespass to Vehicles; or

(F) The "Retailers Occupation Tax Act";

4. A statement that the applicant's officers, directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in any calendar year 3 or more violations, as determined in any civil or criminal or administrative proceedings, of any one or more of the following Acts:

(A) The "Consumer Finance Act";

(B) The "Consumer Installment Loan Act";

(C) The "Retail Installment Sales Act";

(D) The "Motor Vehicle Retail Installment Sales Act";

(E) "An Act in relation to the rate of interest and other charges in connection with sales on credit and the lending of money", approved May 24, 1879, as amended;

(F) "An Act to promote the welfare of wage earners by regulating the assignment of wages, and prescribing a penalty for the violation thereof", approved July 1, 1935, as amended;

(G) Part 8 of Article XII of the Code of Civil Procedure; or

(H) The "Consumer Fraud Act"; and

5. A statement that the applicant understands Chapters 1 through 5 of this Code.

(i) Any change which renders no longer accurate any information contained in any application for a license filed with the Secretary of State shall be amended within 30 days after the occurrence of such change on such form as the Secretary of State may prescribe by rule or regulation, accompanied by an amendatory fee of $2.

(Source: P.A. 86-444.)".