Sen. Antonio Munoz

Filed: 4/29/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 941

2     AMENDMENT NO. ______. Amend Senate Bill 941 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 5-301, 5-401.3 and 5-402.1 as follows:
 
6     (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
7     Sec. 5-301. Automotive parts recyclers, scrap processors,
8 repairers and rebuilders must be licensed.
9     (a) No person in this State shall, except as an incident to
10 the servicing of vehicles, carry on or conduct the business of
11 a automotive parts recyclers, a scrap processor, a repairer, or
12 a rebuilder, unless licensed to do so in writing by the
13 Secretary of State under this Section. No person shall rebuild
14 a salvage vehicle unless such person is licensed as a rebuilder
15 by the Secretary of State under this Section. Each license
16 shall be applied for and issued separately, except that a

 

 

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1 license issued to a new vehicle dealer under Section 5-101 of
2 this Code shall also be deemed to be a repairer license.
3     (a-5) No recyclable metal dealer may acquire or possess a
4 vehicle, junk vehicle, vehicle cowl, or essential vehicle
5 parts, as defined by Section 1-118 of this Code, for the
6 purpose of processing them into a form other than a vehicle
7 unless that recyclable metal dealer is also licensed by the
8 Secretary of State as a scrap processor pursuant to this
9 Section. A recyclable metal dealer who fails to obtain a scrap
10 processor's license shall be subject to the provisions of
11 Sections 5-503 and 5-801 of this Code.
12     (b) Any application filed with the Secretary of State,
13 shall be duly verified by oath, in such form as the Secretary
14 of State may by rule or regulation prescribe and shall contain:
15         1. The name and type of business organization of the
16     applicant and his principal or additional places of
17     business, if any, in this State.
18         2. The kind or kinds of business enumerated in
19     subsection (a) of this Section to be conducted at each
20     location.
21         3. If the applicant is a corporation, a list of its
22     officers, directors, and shareholders having a ten percent
23     or greater ownership interest in the corporation, setting
24     forth the residence address of each; if the applicant is a
25     sole proprietorship, a partnership, an unincorporated
26     association, a trust, or any similar form of business

 

 

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1     organization, the names and residence address of the
2     proprietor or of each partner, member, officer, director,
3     trustee or manager.
4         4. A statement that the applicant's officers,
5     directors, shareholders having a ten percent or greater
6     ownership interest therein, proprietor, partner, member,
7     officer, director, trustee, manager, or other principals
8     in the business have not committed in the past three years
9     any one violation as determined in any civil or criminal or
10     administrative proceedings of any one of the following
11     Acts:
12             (a) The Anti Theft Laws of the Illinois Vehicle
13         Code;
14             (b) The "Certificate of Title Laws" of the Illinois
15         Vehicle Code;
16             (c) The "Offenses against Registration and
17         Certificates of Title Laws" of the Illinois Vehicle
18         Code;
19             (d) The "Dealers, Transporters, Wreckers and
20         Rebuilders Laws" of the Illinois Vehicle Code;
21             (e) Section 21-2 of the Criminal Code of 1961,
22         Criminal Trespass to Vehicles; or
23             (f) The Retailers Occupation Tax Act.
24         5. A statement that the applicant's officers,
25     directors, shareholders having a ten percent or greater
26     ownership interest therein, proprietor, partner, member,

 

 

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1     officer, director, trustee, manager or other principals in
2     the business have not committed in any calendar year 3 or
3     more violations, as determined in any civil or criminal or
4     administrative proceedings, of any one or more of the
5     following Acts:
6             (a) The Consumer Finance Act;
7             (b) The Consumer Installment Loan Act;
8             (c) The Retail Installment Sales Act;
9             (d) The Motor Vehicle Retail Installment Sales
10         Act;
11             (e) The Interest Act;
12             (f) The Illinois Wage Assignment Act;
13             (g) Part 8 of Article XII of the Code of Civil
14         Procedure; or
15             (h) The Consumer Fraud Act.
16         6. An application for a license shall be accompanied by
17     the following fees: $50 for applicant's established place
18     of business; $25 for each additional place of business, if
19     any, to which the application pertains; provided, however,
20     that if such an application is made after June 15 of any
21     year, the license fee shall be $25 for applicant's
22     established place of business plus $12.50 for each
23     additional place of business, if any, to which the
24     application pertains. License fees shall be returnable
25     only in the event that such application shall be denied by
26     the Secretary of State.

 

 

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1         7. A statement that the applicant understands Chapter 1
2     through Chapter 5 of this Code.
3         8. A statement that the applicant shall comply with
4     subsection (e) of this Section.
5     (c) Any change which renders no longer accurate any
6 information contained in any application for a license filed
7 with the Secretary of State shall be amended within 30 days
8 after the occurrence of such change on such form as the
9 Secretary of State may prescribe by rule or regulation,
10 accompanied by an amendatory fee of $2.
11     (d) Anything in this chapter to the contrary,
12 notwithstanding, no person shall be licensed under this Section
13 unless such person shall maintain an established place of
14 business as defined in this Chapter.
15     (e) The Secretary of State shall within a reasonable time
16 after receipt thereof, examine an application submitted to him
17 under this Section and unless he makes a determination that the
18 application submitted to him does not conform with the
19 requirements of this Section or that grounds exist for a denial
20 of the application, as prescribed in Section 5-501 of this
21 Chapter, grant the applicant an original license as applied for
22 in writing for his established place of business and a
23 supplemental license in writing for each additional place of
24 business in such form as he may prescribe by rule or regulation
25 which shall include the following:
26         1. The name of the person licensed;

 

 

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1         2. If a corporation, the name and address of its
2     officers or if a sole proprietorship, a partnership, an
3     unincorporated association or any similar form of business
4     organization, the name and address of the proprietor or of
5     each partner, member, officer, director, trustee or
6     manager;
7         3. A designation of the kind or kinds of business
8     enumerated in subsection (a) of this Section to be
9     conducted at each location;
10         4. In the case of an original license, the established
11     place of business of the licensee;
12         5. In the case of a supplemental license, the
13     established place of business of the licensee and the
14     additional place of business to which such supplemental
15     license pertains.
16     (f) The appropriate instrument evidencing the license or a
17 certified copy thereof, provided by the Secretary of State
18 shall be kept, posted, conspicuously in the established place
19 of business of the licensee and in each additional place of
20 business, if any, maintained by such licensee. The licensee
21 also shall post conspicuously in the established place of
22 business and in each additional place of business a notice
23 which states that such business is required to be licensed by
24 the Secretary of State under Section 5-301, and which provides
25 the license number of the business and the license expiration
26 date. This notice also shall advise the consumer that any

 

 

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1 complaints as to the quality of service may be brought to the
2 attention of the Attorney General. The information required on
3 this notice also shall be printed conspicuously on all
4 estimates and receipts for work by the licensee subject to this
5 Section. The Secretary of State shall prescribe the specific
6 format of this notice.
7     (g) Except as provided in subsection (h) hereof, licenses
8 granted under this Section shall expire by operation of law on
9 December 31 of the calendar year for which they are granted
10 unless sooner revoked or cancelled under the provisions of
11 Section 5-501 of this Chapter.
12     (h) Any license granted under this Section may be renewed
13 upon application and payment of the fee required herein as in
14 the case of an original license, provided, however, that in
15 case an application for the renewal of an effective license is
16 made during the month of December, such effective license shall
17 remain in force until such application is granted or denied by
18 the Secretary of State.
19     (i) All automotive repairers and rebuilders shall, in
20 addition to the requirements of subsections (a) through (h) of
21 this Section, meet the following licensing requirements:
22         1. Provide proof that the property on which first time
23     applicants plan to do business is in compliance with local
24     zoning laws and regulations, and a listing of zoning
25     classification;
26         2. Provide proof that the applicant for a repairer's

 

 

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1     license complies with the proper workers' compensation
2     rate code or classification, and listing the code of
3     classification for that industry;
4         3. Provide proof that the applicant for a rebuilder's
5     license complies with the proper workers' compensation
6     rate code or classification for the repair industry or the
7     auto parts recycling industry and listing the code of
8     classification;
9         4. Provide proof that the applicant has obtained or
10     applied for a hazardous waste generator number, and listing
11     the actual number if available or certificate of exemption;
12         5. Provide proof that applicant has proper liability
13     insurance, and listing the name of the insurer and the
14     policy number; and
15         6. Provide proof that the applicant has obtained or
16     applied for the proper State sales tax classification and
17     federal identification tax number, and listing the actual
18     numbers if available.
19     (i-1) All automotive repairers shall provide proof that
20 they comply with all requirements of the Automotive Collision
21 Repair Act.
22     (j) All automotive parts recyclers shall, in addition to
23 the requirements of subsections (a) through (h) of this
24 Section, meet the following licensing requirements:
25         1. A statement that the applicant purchases 5 vehicles
26     per year or has 5 hulks or chassis in stock;

 

 

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1         2. Provide proof that the property on which all first
2     time applicants will do business does comply to the proper
3     local zoning laws in existence, and a listing of zoning
4     classifications;
5         3. Provide proof that applicant complies with the
6     proper workers' compensation rate code or classification,
7     and listing the code of classification; and
8         4. Provide proof that applicant has obtained or applied
9     for the proper State sales tax classification and federal
10     identification tax number, and listing the actual numbers
11     if available.
12 (Source: P.A. 94-784, eff. 1-1-07.)
 
13     (625 ILCS 5/5-401.3)  (from Ch. 95 1/2, par. 5-401.3)
14     Sec. 5-401.3. Scrap processors required to keep records.
15     (a) Every person licensed or required to be licensed as a
16 scrap processor pursuant to Section 5-301 of this Chapter shall
17 maintain for 3 years, at his established place of business, the
18 following records relating to the acquisition of recyclable
19 metals or the acquisition of a vehicle, junk vehicle, or
20 vehicle cowl which has been acquired for the purpose of
21 processing into a form other than a vehicle, junk vehicle or
22 vehicle cowl which is possessed in the State or brought into
23 this State from another state, territory or country. No scrap
24 metal processor shall sell a vehicle or essential part, as
25 such, except for engines, transmissions, and powertrains,

 

 

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1 unless licensed to do so under another provision of this Code.
2 A scrap processor who is additionally licensed as an automotive
3 parts recycler shall not be subject to the record keeping
4 requirements for a scrap processor when acting as an automotive
5 parts recycler.
6         (1) For a vehicle, junk vehicle, or vehicle cowl
7     acquired from a person who is licensed under this Chapter,
8     the scrap processor shall record the name and address of
9     the person, and the Illinois or out-of-state dealer license
10     number of such person on the scrap processor's weight
11     ticket at the time of the acquisition. The person disposing
12     of the vehicle, junk vehicle, or vehicle cowl shall furnish
13     the scrap processor with documentary proof of ownership of
14     the vehicle, junk vehicle, or vehicle cowl in one of the
15     following forms: a Certificate of Title, a Salvage
16     Certificate, or a Junking Certificate, a Secretary of State
17     Junking Manifest, a Uniform Invoice, a Certificate of
18     Purchase, or other similar documentary proof of ownership.
19     The scrap processor shall not acquire a vehicle, junk
20     vehicle or vehicle cowl without obtaining one of the
21     aforementioned documentary proofs of ownership.
22         (2) For a vehicle, junk vehicle or vehicle cowl
23     acquired from a person who is not licensed under this
24     Chapter, the scrap processor shall verify and record that
25     person's identity by recording the identification of such
26     person from at least 2 sources of identification, one of

 

 

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1     which shall be a driver's license or State Identification
2     Card, on the scrap processor's weight ticket at the time of
3     the acquisition. The person disposing of the vehicle, junk
4     vehicle, or vehicle cowl shall furnish the scrap processor
5     with documentary proof of ownership of the vehicle, junk
6     vehicle, or vehicle cowl in one of the following forms: a
7     Certificate of Title, a Salvage Certificate, or a Junking
8     Certificate, a Secretary of State Junking Manifest, a
9     Certificate of Purchase, or other similar documentary
10     proof of ownership. The scrap processor shall not acquire a
11     vehicle, junk vehicle or vehicle cowl without obtaining one
12     of the aforementioned documentary proofs of ownership.
13         (3) In addition to the other information required on
14     the scrap processor's weight ticket, a scrap processor who
15     at the time of acquisition of a vehicle, junk vehicle, or
16     vehicle cowl is furnished a Certificate of Title, a Salvage
17     Certificate, or a Junking Certificate Certificate of
18     Purchase shall record the Vehicle Identification Number on
19     the weight ticket or affix a copy of the Certificate of
20     Title, Salvage Certificate, or Junking Certificate
21     Certificate of Purchase to the weight ticket and the
22     identification of the person acquiring the information on
23     the behalf of the scrap processor.
24         (4) The scrap processor shall maintain a copy of a Junk
25     Vehicle Notification relating to any Certificate of Title,
26     Salvage Certificate, or Junking Certificate , Certificate

 

 

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1     of Purchase or similarly acceptable out-of-state document
2     surrendered to the Secretary of State pursuant to the
3     provisions of Section 3-117.2 of this Code.
4         (5) For recyclable metals valued at $100 or more, the
5     scrap processor shall, for each transaction, record the
6     identity of the person from whom the recyclable metals were
7     acquired by verifying the identification of that person
8     from one source of identification, which shall be a valid
9     driver's license or State Identification Card, on the scrap
10     processor's weight ticket at the time of the acquisition
11     and by making and recording a photocopy or electronic scan
12     of the driver's license or State Identification Card. Such
13     information shall be available for inspection by any law
14     enforcement official. If the person delivering the
15     recyclable metal does not have a valid driver's license or
16     State Identification Card, the scrap processor shall not
17     complete the transaction. The inspection of records
18     pertaining only to recyclable metals shall not be counted
19     as an inspection of a premises for purposes of subparagraph
20     (7) of Section 5-403 of this Code.
21         This subdivision (a)(5) does not apply to electrical
22     contractors, to agencies or instrumentalities of the State
23     of Illinois or of the United States, to common carriers, to
24     purchases from persons, firms, or corporations regularly
25     engaged in the business of manufacturing recyclable metal,
26     in the business of selling recyclable metal at retail or

 

 

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1     wholesale, or in the business of razing, demolishing,
2     destroying, or removing buildings, to the purchase by one
3     recyclable metal dealer from another, or the purchase from
4     persons, firms, or corporations engaged in either the
5     generation, transmission, or distribution of electric
6     energy or in telephone, telegraph, and other
7     communications if such common carriers, persons, firms, or
8     corporations at the time of the purchase provide the
9     recyclable metal dealer with a bill of sale or other
10     written evidence of title to the recyclable metal. This
11     subdivision (a)(5) also does not apply to contractual
12     arrangements between dealers.
13     (b) Any licensee who knowingly fails to record any of the
14 specific information required to be recorded on the weight
15 ticket required under any other subsection of this Section, or
16 Section 5-401 of this Code, or who knowingly fails to acquire
17 and maintain for 3 years documentary proof of ownership in one
18 of the prescribed forms shall be guilty of a Class A
19 misdemeanor and subject to suspension of his or her license for
20 a period of up to 5 years a fine not to exceed $1,000. Each
21 violation shall constitute a separate and distinct offense and
22 a separate count may be brought in the same complaint for each
23 violation. Any licensee who commits a second violation of this
24 Section within two years of a previous conviction of a
25 violation of this Section shall be guilty of a Class 4 felony.
26     (c) It shall be an affirmative defense to an offense

 

 

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1 brought under paragraph (b) of this Section that the licensee
2 or person required to be licensed both reasonably and in good
3 faith relied on information appearing on a Certificate of
4 Title, a Salvage Certificate, or a Junking Certificate, a
5 Secretary of State Manifest, a Secretary of State's Uniform
6 Invoice, a Certificate of Purchase, or other documentary proof
7 of ownership prepared under Section 3-117.1(a) of this Code,
8 relating to the transaction for which the required record was
9 not kept which was supplied to the licensee by another licensee
10 or an out-of-state dealer.
11     (d) No later than 15 days prior to going out of business,
12 selling the business, or transferring the ownership of the
13 business, the scrap processor shall notify the Secretary of
14 that fact. Failure to so notify the Secretary of State shall
15 constitute a failure to keep records under this Section.
16     (e) (Blank). Evidence derived directly or indirectly from
17 the keeping of records required to be kept under this Section
18 shall not be admissible in a prosecution of the licensee for an
19 alleged violation of Section 4-102(a)(3) of this Code.
20     (f) Any scrap processor who finds a nonconforming vehicle
21 identification number on any documentary proof of ownership of
22 a vehicle, junk vehicle, or vehicle cowl provided by the person
23 attempting to dispose of such item shall report the offense to
24 the Secretary of State, including the name of the person
25 attempting to dispose of the vehicle, junk vehicle, or vehicle
26 cowl, the actual vehicle identification number, the

 

 

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1 nonconforming vehicle number, the vehicle license plate
2 number, a copy of the document used, and the license number of
3 the person or persons involved in the attempted transaction.
4 Any person licensed as a scrap processor pursuant to Section
5 5-301 who is found to be in violation of this subsection or any
6 licensed entity found in violation of this subsection shall be
7 subject to suspension of his, her, or its license for a period
8 of up to 5 years. Any person in violation of this subsection
9 shall be guilty of a Class 2 felony.
10 (Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
 
11     (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)
12     Sec. 5-402.1. Use of Secretary of State Uniform Invoice for
13 Essential Parts.
14     (a) Except for scrap processors, every person licensed or
15 required to be licensed under Section 5-101, 5-101.1, 5-102 or
16 5-301 of this Code shall issue, in a form the Secretary of
17 State may by rule or regulation prescribe, a Uniform Invoice,
18 which may also act as a bill of sale, made out in triplicate
19 with respect to each transaction in which he disposes of an
20 essential part other than quarter panels and transmissions of
21 vehicles of the first division. Such Invoice shall be made out
22 at the time of the disposition of the essential part. If the
23 licensee disposes of several essential parts in the same
24 transaction, the licensee may issue one Uniform Invoice
25 covering all essential parts disposed of in that transaction.

 

 

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1     (b) The following information shall be contained on the
2 Uniform Invoice:
3         (1) the business name, address and dealer license
4     number of the person disposing of the essential part;
5         (2) the name and address of the person acquiring the
6     essential part, and if that person is a dealer, the
7     Illinois or out-of-state dealer license number of that
8     dealer;
9         (3) the date of the disposition of the essential part;
10         (4) the year, make, model, color and description of
11     each essential part disposed of by the person;
12         (5) the manufacturer's vehicle identification number,
13     Secretary of State identification number or Illinois
14     Department of State Police identification number, for each
15     essential part disposed of by the person;
16         (6) the printed name and legible signature of the
17     person or agent disposing of the essential part; and
18         (7) if the person is a dealer the printed name and
19     legible signature of the dealer or his agent or employee
20     accepting delivery of the essential part.
21     (c) Except for scrap processors, and except as set forth in
22 subsection (d) of this Section, whenever a person licensed or
23 required to be licensed by Section 5-101, 5-101.1, 5-102, or
24 5-301 accepts delivery of an essential part, other than quarter
25 panels and transmissions of vehicles of the first division,
26 that person shall, at the time of the acceptance or delivery,

 

 

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1 comply with the following procedures:
2         (1) Before acquiring or accepting delivery of any
3     essential part, the licensee or his authorized agent or
4     employee shall inspect the part to determine whether the
5     vehicle identification number, Secretary of State
6     identification number, Illinois Department of State Police
7     identification number, or identification plate or sticker
8     attached to or stamped on any part being acquired or
9     delivered has been removed, falsified, altered, defaced,
10     destroyed, or tampered with. If the licensee or his agent
11     or employee determines that the vehicle identification
12     number, Secretary of State identification number, Illinois
13     Department of State Police identification number,
14     identification plate or identification sticker containing
15     an identification number, or Federal Certificate label of
16     an essential part has been removed, falsified, altered,
17     defaced, destroyed or tampered with, the licensee or agent
18     shall not accept or receive that part.
19         If that part was physically acquired by or delivered to
20     a licensee or his agent or employee while that licensee,
21     agent or employee was outside this State, that licensee or
22     agent or employee shall not bring that essential part into
23     this State or cause it to be brought into this State.
24         (2) If the person disposing of or delivering the
25     essential part to the licensee is a licensed in-state or
26     out-of-state dealer, the licensee or his agent or employee,

 

 

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1     after inspecting the essential part as required by
2     paragraph (1) of this subsection (c), shall examine the
3     Uniform Invoice, or bill of sale, as the case may be, to
4     ensure that it contains all the information required to be
5     provided by persons disposing of essential parts as set
6     forth in subsection (b) of this Section. If the Uniform
7     Invoice or bill of sale does not contain all the
8     information required to be listed by subsection (b) of this
9     Section, the dealer disposing of or delivering such part or
10     his agent or employee shall record such additional
11     information or other needed modifications on the Uniform
12     Invoice or bill of sale or, if needed, an attachment
13     thereto. The dealer or his agent or employee delivering the
14     essential part shall initial all additions or
15     modifications to the Uniform Invoice or bill of sale and
16     legibly print his name at the bottom of each document
17     containing his initials. If the transaction involves a bill
18     of sale rather than a Uniform Invoice, the licensee or his
19     agent or employee accepting delivery of or acquiring the
20     essential part shall affix his printed name and legible
21     signature on the space on the bill of sale provided for his
22     signature or, if no space is provided, on the back of the
23     bill of sale. If the dealer or his agent or employee
24     disposing of or delivering the essential part cannot or
25     does not provide all the information required by subsection
26     (b) of this Section, the licensee or his agent or employee

 

 

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1     shall not accept or receive any essential part for which
2     that required information is not provided. If such
3     essential part for which the information required is not
4     fully provided was physically acquired while the licensee
5     or his agent or employee was outside this State, the
6     licensee or his agent or employee shall not bring that
7     essential part into this State or cause it to be brought
8     into this State.
9         (3) If the person disposing of the essential part is
10     not a licensed dealer, the licensee or his agent or
11     employee shall, after inspecting the essential part as
12     required by paragraph (1) of subsection (c) of this Section
13     verify the identity of the person disposing of the
14     essential part by examining 2 sources of identification,
15     one of which shall be either a driver's license or state
16     identification card. The licensee or his agent or employee
17     shall then prepare a Uniform Invoice listing all the
18     information required to be provided by subsection (b) of
19     this Section. In the space on the Uniform Invoice provided
20     for the dealer license number of the person disposing of
21     the part, the licensee or his agent or employee shall list
22     the numbers taken from the documents of identification
23     provided by the person disposing of the part. The person
24     disposing of the part shall affix his printed name and
25     legible signature on the space on the Uniform Invoice
26     provided for the person disposing of the essential part and

 

 

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1     the licensee or his agent or employee acquiring the part
2     shall affix his printed name and legible signature on the
3     space provided on the Uniform Invoice for the person
4     acquiring the essential part. If the person disposing of
5     the essential part cannot or does not provide all the
6     information required to be provided by this paragraph, or
7     does not present 2 satisfactory forms of identification,
8     the licensee or his agent or employee shall not acquire
9     that essential part.
10     (d) If an essential part other than quarter panels and
11 transmissions of vehicles of the first division was delivered
12 by a licensed commercial delivery service delivering such part
13 on behalf of a licensed dealer, the person required to comply
14 with subsection (c) of this Section may conduct the inspection
15 of that part required by paragraph (1) of subsection (c) and
16 examination of the Uniform Invoice or bill of sale required by
17 paragraph (2) of subsection (c) of this Section immediately
18 after the acceptance of the part.
19         (1) If the inspection of the essential part pursuant to
20     paragraph (1) of subsection (c) reveals that the vehicle
21     identification number, Secretary of State identification
22     number, Illinois Department of State Police identification
23     number, identification plate or sticker containing an
24     identification number, or Federal Certificate label of an
25     essential part has been removed, falsified, altered,
26     defaced, destroyed or tampered with, the licensee or his

 

 

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1     agent shall immediately record such fact on the Uniform
2     Invoice or bill of sale, assign the part an inventory or
3     stock number, place such inventory or stock number on both
4     the essential part and the Uniform Invoice or bill of sale,
5     and record the date of the inspection of the part on the
6     Uniform Invoice or bill of sale. The licensee shall, within
7     7 days of such inspection, return such part to the dealer
8     from whom it was acquired.
9         (2) If the examination of the Uniform Invoice or bill
10     of sale pursuant to paragraph (2) of subsection (c) reveals
11     that any of the information required to be listed by
12     subsection (b) of this Section is missing, the licensee or
13     person required to be licensed shall immediately assign a
14     stock or inventory number to such part, place such stock or
15     inventory number on both the essential part and the Uniform
16     Invoice or bill of sale, and record the date of examination
17     on the Uniform Invoice or bill of sale. The licensee or
18     person required to be licensed shall acquire the
19     information missing from the Uniform Invoice or bill of
20     sale within 7 days of the examination of such Uniform
21     Invoice or bill of sale. Such information may be received
22     by telephone conversation with the dealer from whom the
23     part was acquired. If the dealer provides the missing
24     information the licensee shall record such information on
25     the Uniform Invoice or bill of sale along with the name of
26     the person providing the information. If the dealer does

 

 

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1     not provide the required information within the
2     aforementioned 7 day period, the licensee shall return the
3     part to that dealer.
4     (e) Except for scrap processors, all persons licensed or
5 required to be licensed who acquire or dispose of essential
6 parts other than quarter panels and transmissions of vehicles
7 of the first division shall retain a copy of the Uniform
8 Invoice required to be made by subsections (a), (b) and (c) of
9 this Section for a period of 3 years.
10     (f) Except for scrap processors, any person licensed or
11 required to be licensed under Sections 5-101, 5-102 or 5-301
12 who knowingly fails to record on a Uniform Invoice any of the
13 information or entries required to be recorded by subsections
14 (a), (b) and (c) of this Section, or who knowingly places false
15 entries or other misleading information on such Uniform
16 Invoice, or who knowingly fails to retain for 3 years a copy of
17 a Uniform Invoice reflecting transactions required to be
18 recorded by subsections (a), (b) and (c) of this Section, or
19 who knowingly acquires or disposes of essential parts without
20 receiving, issuing, or executing a Uniform Invoice reflecting
21 that transaction as required by subsections (a), (b) and (c) of
22 this Section, or who brings or causes to be brought into this
23 State essential parts for which the information required to be
24 recorded on a Uniform Invoice is not recorded as prohibited by
25 subsection (c) of this Section, or who knowingly fails to
26 comply with the provisions of this Section in any other manner

 

 

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1 shall be guilty of a Class 2 felony. Each violation shall
2 constitute a separate and distinct offense and a separate count
3 may be brought in the same indictment or information for each
4 essential part for which a record was not kept as required by
5 this Section or for which the person failed to comply with
6 other provisions of this Section.
7     (g) The records required to be kept by this Section may be
8 examined by a person or persons making a lawful inspection of
9 the licensee's premises pursuant to Section 5-403.
10     (h) The records required to be kept by this Section shall
11 be retained by the licensee at his principal place of business
12 for a period of 7 years.
13     (i) (Blank). The requirements of this Section shall not
14 apply to the disposition of an essential part other than a cowl
15 which has been damaged or altered to a state in which it can no
16 longer be returned to a usable condition and which is being
17 sold or transferred to a scrap processor or for delivery to a
18 scrap processor.
19     (j) Scrap processors shall, under no circumstances, be
20 permitted to use the Uniform Invoice for any purpose under this
21 Chapter. Any person found in violation of this subsection (j)
22 shall be guilty of a Class 2 felony.
23 (Source: P.A. 91-415, eff. 1-1-00.)
 
24     Section 99. Effective date. This Act takes effect upon
25 becoming law.".