97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2912

 

Introduced 2/23/2011, by Rep. Edward J. Acevedo

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/5-301  from Ch. 95 1/2, par. 5-301
625 ILCS 5/5-401.3  from Ch. 95 1/2, par. 5-401.3
625 ILCS 5/5-402.1  from Ch. 95 1/2, par. 5-402.1

    Amends the Illinois Vehicle Code. Prohibits a recyclable metal dealer from acquiring or possessing a vehicle, junk vehicle, vehicle cowl, or essential vehicle parts for the purpose of processing them into a form other than a vehicle unless the recyclable metal dealer is also licensed as a scrap processor. Makes various changes regarding: furnishing documentary proof of ownership to a scrap processor; information to be recorded by a scrap processor on a weight ticket or affixed to a weight ticket; maintenance of records by a scrap processor; penalties for failure to record certain information or failure to acquire and maintain documentary proof of ownership; affirmative defenses; admissibility of evidence; disposition of essential parts; and other matters. Provides that a scrap processor who finds a nonconforming vehicle identification number on documentary proof of ownership of a vehicle, junk vehicle, or vehicle cowl provided by a person attempting to dispose of the item shall report the offense to the Secretary of State, and provides for penalties for violations. Prohibits scrap processors from using the Secretary of State Uniform Invoice for any purpose under the Dealers, Transporters, Wreckers and Rebuilders Chapter of the Code, and provides for penalties for violations. Effective immediately.


LRB097 08953 HEP 49086 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2912LRB097 08953 HEP 49086 b

1    AN ACT concerning vehicles.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 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,
8repairers and rebuilders must be licensed.
9    (a) No person in this State shall, except as an incident to
10the servicing of vehicles, carry on or conduct the business of
11a automotive parts recyclers, a scrap processor, a repairer, or
12a rebuilder, unless licensed to do so in writing by the
13Secretary of State under this Section. No person shall rebuild
14a salvage vehicle unless such person is licensed as a rebuilder
15by the Secretary of State under this Section. Each license
16shall be applied for and issued separately, except that a
17license issued to a new vehicle dealer under Section 5-101 of
18this Code shall also be deemed to be a repairer license.
19    (a-5) No recyclable metal dealer may acquire or possess a
20vehicle, junk vehicle, vehicle cowl, or essential vehicle
21parts, as defined by Section 1-118 of this Code, for the
22purpose of processing them into a form other than a vehicle
23unless that recyclable metal dealer is also licensed by the

 

 

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1Secretary of State as a scrap processor pursuant to this
2Section. A recyclable metal dealer who fails to obtain a scrap
3processor's license shall be subject to the provisions of
4Sections 5-503 and 5-801 of this Code.
5    (b) Any application filed with the Secretary of State,
6shall be duly verified by oath, in such form as the Secretary
7of State may by rule or regulation prescribe and shall contain:
8        1. The name and type of business organization of the
9    applicant and his principal or additional places of
10    business, if any, in this State.
11        2. The kind or kinds of business enumerated in
12    subsection (a) of this Section to be conducted at each
13    location.
14        3. If the applicant is a corporation, a list of its
15    officers, directors, and shareholders having a ten percent
16    or greater ownership interest in the corporation, setting
17    forth the residence address of each; if the applicant is a
18    sole proprietorship, a partnership, an unincorporated
19    association, a trust, or any similar form of business
20    organization, the names and residence address of the
21    proprietor or of each partner, member, officer, director,
22    trustee or manager.
23        4. A statement that the applicant's officers,
24    directors, shareholders having a ten percent or greater
25    ownership interest therein, proprietor, partner, member,
26    officer, director, trustee, manager, or other principals

 

 

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

 

 

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1            (c) The Retail Installment Sales Act;
2            (d) The Motor Vehicle Retail Installment Sales
3        Act;
4            (e) The Interest Act;
5            (f) The Illinois Wage Assignment Act;
6            (g) Part 8 of Article XII of the Code of Civil
7        Procedure; or
8            (h) The Consumer Fraud Act.
9        6. An application for a license shall be accompanied by
10    the following fees: $50 for applicant's established place
11    of business; $25 for each additional place of business, if
12    any, to which the application pertains; provided, however,
13    that if such an application is made after June 15 of any
14    year, the license fee shall be $25 for applicant's
15    established place of business plus $12.50 for each
16    additional place of business, if any, to which the
17    application pertains. License fees shall be returnable
18    only in the event that such application shall be denied by
19    the Secretary of State.
20        7. A statement that the applicant understands Chapter 1
21    through Chapter 5 of this Code.
22        8. A statement that the applicant shall comply with
23    subsection (e) of this Section.
24    (c) Any change which renders no longer accurate any
25information contained in any application for a license filed
26with the Secretary of State shall be amended within 30 days

 

 

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1after the occurrence of such change on such form as the
2Secretary of State may prescribe by rule or regulation,
3accompanied by an amendatory fee of $2.
4    (d) Anything in this chapter to the contrary,
5notwithstanding, no person shall be licensed under this Section
6unless such person shall maintain an established place of
7business as defined in this Chapter.
8    (e) The Secretary of State shall within a reasonable time
9after receipt thereof, examine an application submitted to him
10under this Section and unless he makes a determination that the
11application submitted to him does not conform with the
12requirements of this Section or that grounds exist for a denial
13of the application, as prescribed in Section 5-501 of this
14Chapter, grant the applicant an original license as applied for
15in writing for his established place of business and a
16supplemental license in writing for each additional place of
17business in such form as he may prescribe by rule or regulation
18which shall include the following:
19        1. The name of the person licensed;
20        2. If a corporation, the name and address of its
21    officers or if a sole proprietorship, a partnership, an
22    unincorporated association or any similar form of business
23    organization, the name and address of the proprietor or of
24    each partner, member, officer, director, trustee or
25    manager;
26        3. A designation of the kind or kinds of business

 

 

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1    enumerated in subsection (a) of this Section to be
2    conducted at each location;
3        4. In the case of an original license, the established
4    place of business of the licensee;
5        5. In the case of a supplemental license, the
6    established place of business of the licensee and the
7    additional place of business to which such supplemental
8    license pertains.
9    (f) The appropriate instrument evidencing the license or a
10certified copy thereof, provided by the Secretary of State
11shall be kept, posted, conspicuously in the established place
12of business of the licensee and in each additional place of
13business, if any, maintained by such licensee. The licensee
14also shall post conspicuously in the established place of
15business and in each additional place of business a notice
16which states that such business is required to be licensed by
17the Secretary of State under Section 5-301, and which provides
18the license number of the business and the license expiration
19date. This notice also shall advise the consumer that any
20complaints as to the quality of service may be brought to the
21attention of the Attorney General. The information required on
22this notice also shall be printed conspicuously on all
23estimates and receipts for work by the licensee subject to this
24Section. The Secretary of State shall prescribe the specific
25format of this notice.
26    (g) Except as provided in subsection (h) hereof, licenses

 

 

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1granted under this Section shall expire by operation of law on
2December 31 of the calendar year for which they are granted
3unless sooner revoked or cancelled under the provisions of
4Section 5-501 of this Chapter.
5    (h) Any license granted under this Section may be renewed
6upon application and payment of the fee required herein as in
7the case of an original license, provided, however, that in
8case an application for the renewal of an effective license is
9made during the month of December, such effective license shall
10remain in force until such application is granted or denied by
11the Secretary of State.
12    (i) All automotive repairers and rebuilders shall, in
13addition to the requirements of subsections (a) through (h) of
14this Section, meet the following licensing requirements:
15        1. Provide proof that the property on which first time
16    applicants plan to do business is in compliance with local
17    zoning laws and regulations, and a listing of zoning
18    classification;
19        2. Provide proof that the applicant for a repairer's
20    license complies with the proper workers' compensation
21    rate code or classification, and listing the code of
22    classification for that industry;
23        3. Provide proof that the applicant for a rebuilder's
24    license complies with the proper workers' compensation
25    rate code or classification for the repair industry or the
26    auto parts recycling industry and listing the code of

 

 

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

 

 

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1        4. Provide proof that applicant has obtained or applied
2    for the proper State sales tax classification and federal
3    identification tax number, and listing the actual numbers
4    if available.
5(Source: P.A. 94-784, eff. 1-1-07.)
 
6    (625 ILCS 5/5-401.3)  (from Ch. 95 1/2, par. 5-401.3)
7    Sec. 5-401.3. Scrap processors required to keep records.
8    (a) Every person licensed or required to be licensed as a
9scrap processor pursuant to Section 5-301 of this Chapter shall
10maintain for 3 years, at his established place of business, the
11following records relating to the acquisition of recyclable
12metals or the acquisition of a vehicle, junk vehicle, or
13vehicle cowl which has been acquired for the purpose of
14processing into a form other than a vehicle, junk vehicle or
15vehicle cowl which is possessed in the State or brought into
16this State from another state, territory or country. No scrap
17metal processor shall sell a vehicle or essential part, as
18such, except for engines, transmissions, and powertrains,
19unless licensed to do so under another provision of this Code.
20A scrap processor who is additionally licensed as an automotive
21parts recycler shall not be subject to the record keeping
22requirements for a scrap processor when acting as an automotive
23parts recycler.
24        (1) For a vehicle, junk vehicle, or vehicle cowl
25    acquired from a person who is licensed under this Chapter,

 

 

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

 

 

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1    Certificate, a Secretary of State Junking Manifest, a
2    Certificate of Purchase, or other similar documentary
3    proof of ownership. The scrap processor shall not acquire a
4    vehicle, junk vehicle or vehicle cowl without obtaining one
5    of the aforementioned documentary proofs of ownership.
6        (3) In addition to the other information required on
7    the scrap processor's weight ticket, a scrap processor who
8    at the time of acquisition of a vehicle, junk vehicle, or
9    vehicle cowl is furnished a Certificate of Title, a Salvage
10    Certificate, or a Junking Certificate Certificate of
11    Purchase shall record the Vehicle Identification Number on
12    the weight ticket or affix a copy of the Certificate of
13    Title, Salvage Certificate, or Junking Certificate
14    Certificate of Purchase to the weight ticket and the
15    identification of the person acquiring the information on
16    the behalf of the scrap processor.
17        (4) The scrap processor shall maintain a copy of a Junk
18    Vehicle Notification relating to any Certificate of Title,
19    Salvage Certificate, or Junking Certificate , Certificate
20    of Purchase or similarly acceptable out-of-state document
21    surrendered to the Secretary of State pursuant to the
22    provisions of Section 3-117.2 of this Code.
23        (5) For recyclable metals valued at $100 or more, the
24    scrap processor shall, for each transaction, record the
25    identity of the person from whom the recyclable metals were
26    acquired by verifying the identification of that person

 

 

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1    from one source of identification, which shall be a valid
2    driver's license or State Identification Card, on the scrap
3    processor's weight ticket at the time of the acquisition
4    and by making and recording a photocopy or electronic scan
5    of the driver's license or State Identification Card. Such
6    information shall be available for inspection by any law
7    enforcement official. If the person delivering the
8    recyclable metal does not have a valid driver's license or
9    State Identification Card, the scrap processor shall not
10    complete the transaction. The inspection of records
11    pertaining only to recyclable metals shall not be counted
12    as an inspection of a premises for purposes of subparagraph
13    (7) of Section 5-403 of this Code.
14        This subdivision (a)(5) does not apply to electrical
15    contractors, to agencies or instrumentalities of the State
16    of Illinois or of the United States, to common carriers, to
17    purchases from persons, firms, or corporations regularly
18    engaged in the business of manufacturing recyclable metal,
19    in the business of selling recyclable metal at retail or
20    wholesale, or in the business of razing, demolishing,
21    destroying, or removing buildings, to the purchase by one
22    recyclable metal dealer from another, or the purchase from
23    persons, firms, or corporations engaged in either the
24    generation, transmission, or distribution of electric
25    energy or in telephone, telegraph, and other
26    communications if such common carriers, persons, firms, or

 

 

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1    corporations at the time of the purchase provide the
2    recyclable metal dealer with a bill of sale or other
3    written evidence of title to the recyclable metal. This
4    subdivision (a)(5) also does not apply to contractual
5    arrangements between dealers.
6    (b) Any licensee who knowingly fails to record any of the
7specific information required to be recorded on the weight
8ticket required under any other subsection of this Section, or
9Section 5-401 of this Code, or who knowingly fails to acquire
10and maintain for 3 years documentary proof of ownership in one
11of the prescribed forms shall be guilty of a Class A
12misdemeanor and subject to suspension of his or her license for
13a period of up to 5 years a fine not to exceed $1,000. Each
14violation shall constitute a separate and distinct offense and
15a separate count may be brought in the same complaint for each
16violation. Any licensee who commits a second violation of this
17Section within two years of a previous conviction of a
18violation of this Section shall be guilty of a Class 4 felony.
19    (c) It shall be an affirmative defense to an offense
20brought under paragraph (b) of this Section that the licensee
21or person required to be licensed both reasonably and in good
22faith relied on information appearing on a Certificate of
23Title, a Salvage Certificate, or a Junking Certificate, a
24Secretary of State Manifest, a Secretary of State's Uniform
25Invoice, a Certificate of Purchase, or other documentary proof
26of ownership prepared under Section 3-117.1(a) of this Code,

 

 

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1relating to the transaction for which the required record was
2not kept which was supplied to the licensee by another licensee
3or an out-of-state dealer.
4    (d) No later than 15 days prior to going out of business,
5selling the business, or transferring the ownership of the
6business, the scrap processor shall notify the Secretary of
7that fact. Failure to so notify the Secretary of State shall
8constitute a failure to keep records under this Section.
9    (e) (Blank). Evidence derived directly or indirectly from
10the keeping of records required to be kept under this Section
11shall not be admissible in a prosecution of the licensee for an
12alleged violation of Section 4-102(a)(3) of this Code.
13    (f) Any scrap processor who finds a nonconforming vehicle
14identification number on any documentary proof of ownership of
15a vehicle, junk vehicle, or vehicle cowl provided by the person
16attempting to dispose of such item shall report the offense to
17the Secretary of State, including the name of the person
18attempting to dispose of the vehicle, junk vehicle, or vehicle
19cowl, the actual vehicle identification number, the
20nonconforming vehicle number, the vehicle license plate
21number, a copy of the document used, and the license number of
22the person or persons involved in the attempted transaction.
23Any person licensed as a scrap processor pursuant to Section
245-301 who is found to be in violation of this subsection or any
25licensed entity found in violation of this subsection shall be
26subject to suspension of his, her, or its license for a period

 

 

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1of up to 5 years. Any person in violation of this subsection
2shall be guilty of a Class 2 felony.
3(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
 
4    (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)
5    Sec. 5-402.1. Use of Secretary of State Uniform Invoice for
6Essential Parts.
7    (a) Except for scrap processors, every person licensed or
8required to be licensed under Section 5-101, 5-101.1, 5-102 or
95-301 of this Code shall issue, in a form the Secretary of
10State may by rule or regulation prescribe, a Uniform Invoice,
11which may also act as a bill of sale, made out in triplicate
12with respect to each transaction in which he disposes of an
13essential part other than quarter panels and transmissions of
14vehicles of the first division. Such Invoice shall be made out
15at the time of the disposition of the essential part. If the
16licensee disposes of several essential parts in the same
17transaction, the licensee may issue one Uniform Invoice
18covering all essential parts disposed of in that transaction.
19    (b) The following information shall be contained on the
20Uniform Invoice:
21        (1) the business name, address and dealer license
22    number of the person disposing of the essential part;
23        (2) the name and address of the person acquiring the
24    essential part, and if that person is a dealer, the
25    Illinois or out-of-state dealer license number of that

 

 

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1    dealer;
2        (3) the date of the disposition of the essential part;
3        (4) the year, make, model, color and description of
4    each essential part disposed of by the person;
5        (5) the manufacturer's vehicle identification number,
6    Secretary of State identification number or Illinois
7    Department of State Police identification number, for each
8    essential part disposed of by the person;
9        (6) the printed name and legible signature of the
10    person or agent disposing of the essential part; and
11        (7) if the person is a dealer the printed name and
12    legible signature of the dealer or his agent or employee
13    accepting delivery of the essential part.
14    (c) Except for scrap processors, and except as set forth in
15subsection (d) of this Section, whenever a person licensed or
16required to be licensed by Section 5-101, 5-101.1, 5-102, or
175-301 accepts delivery of an essential part, other than quarter
18panels and transmissions of vehicles of the first division,
19that person shall, at the time of the acceptance or delivery,
20comply with the following procedures:
21        (1) Before acquiring or accepting delivery of any
22    essential part, the licensee or his authorized agent or
23    employee shall inspect the part to determine whether the
24    vehicle identification number, Secretary of State
25    identification number, Illinois Department of State Police
26    identification number, or identification plate or sticker

 

 

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1    attached to or stamped on any part being acquired or
2    delivered has been removed, falsified, altered, defaced,
3    destroyed, or tampered with. If the licensee or his agent
4    or employee determines that the vehicle identification
5    number, Secretary of State identification number, Illinois
6    Department of State Police identification number,
7    identification plate or identification sticker containing
8    an identification number, or Federal Certificate label of
9    an essential part has been removed, falsified, altered,
10    defaced, destroyed or tampered with, the licensee or agent
11    shall not accept or receive that part.
12        If that part was physically acquired by or delivered to
13    a licensee or his agent or employee while that licensee,
14    agent or employee was outside this State, that licensee or
15    agent or employee shall not bring that essential part into
16    this State or cause it to be brought into this State.
17        (2) If the person disposing of or delivering the
18    essential part to the licensee is a licensed in-state or
19    out-of-state dealer, the licensee or his agent or employee,
20    after inspecting the essential part as required by
21    paragraph (1) of this subsection (c), shall examine the
22    Uniform Invoice, or bill of sale, as the case may be, to
23    ensure that it contains all the information required to be
24    provided by persons disposing of essential parts as set
25    forth in subsection (b) of this Section. If the Uniform
26    Invoice or bill of sale does not contain all the

 

 

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1    information required to be listed by subsection (b) of this
2    Section, the dealer disposing of or delivering such part or
3    his agent or employee shall record such additional
4    information or other needed modifications on the Uniform
5    Invoice or bill of sale or, if needed, an attachment
6    thereto. The dealer or his agent or employee delivering the
7    essential part shall initial all additions or
8    modifications to the Uniform Invoice or bill of sale and
9    legibly print his name at the bottom of each document
10    containing his initials. If the transaction involves a bill
11    of sale rather than a Uniform Invoice, the licensee or his
12    agent or employee accepting delivery of or acquiring the
13    essential part shall affix his printed name and legible
14    signature on the space on the bill of sale provided for his
15    signature or, if no space is provided, on the back of the
16    bill of sale. If the dealer or his agent or employee
17    disposing of or delivering the essential part cannot or
18    does not provide all the information required by subsection
19    (b) of this Section, the licensee or his agent or employee
20    shall not accept or receive any essential part for which
21    that required information is not provided. If such
22    essential part for which the information required is not
23    fully provided was physically acquired while the licensee
24    or his agent or employee was outside this State, the
25    licensee or his agent or employee shall not bring that
26    essential part into this State or cause it to be brought

 

 

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

 

 

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1    the licensee or his agent or employee shall not acquire
2    that essential part.
3    (d) If an essential part other than quarter panels and
4transmissions of vehicles of the first division was delivered
5by a licensed commercial delivery service delivering such part
6on behalf of a licensed dealer, the person required to comply
7with subsection (c) of this Section may conduct the inspection
8of that part required by paragraph (1) of subsection (c) and
9examination of the Uniform Invoice or bill of sale required by
10paragraph (2) of subsection (c) of this Section immediately
11after the acceptance of the part.
12        (1) If the inspection of the essential part pursuant to
13    paragraph (1) of subsection (c) reveals that the vehicle
14    identification number, Secretary of State identification
15    number, Illinois Department of State Police identification
16    number, identification plate or sticker containing an
17    identification number, or Federal Certificate label of an
18    essential part has been removed, falsified, altered,
19    defaced, destroyed or tampered with, the licensee or his
20    agent shall immediately record such fact on the Uniform
21    Invoice or bill of sale, assign the part an inventory or
22    stock number, place such inventory or stock number on both
23    the essential part and the Uniform Invoice or bill of sale,
24    and record the date of the inspection of the part on the
25    Uniform Invoice or bill of sale. The licensee shall, within
26    7 days of such inspection, return such part to the dealer

 

 

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1    from whom it was acquired.
2        (2) If the examination of the Uniform Invoice or bill
3    of sale pursuant to paragraph (2) of subsection (c) reveals
4    that any of the information required to be listed by
5    subsection (b) of this Section is missing, the licensee or
6    person required to be licensed shall immediately assign a
7    stock or inventory number to such part, place such stock or
8    inventory number on both the essential part and the Uniform
9    Invoice or bill of sale, and record the date of examination
10    on the Uniform Invoice or bill of sale. The licensee or
11    person required to be licensed shall acquire the
12    information missing from the Uniform Invoice or bill of
13    sale within 7 days of the examination of such Uniform
14    Invoice or bill of sale. Such information may be received
15    by telephone conversation with the dealer from whom the
16    part was acquired. If the dealer provides the missing
17    information the licensee shall record such information on
18    the Uniform Invoice or bill of sale along with the name of
19    the person providing the information. If the dealer does
20    not provide the required information within the
21    aforementioned 7 day period, the licensee shall return the
22    part to that dealer.
23    (e) Except for scrap processors, all persons licensed or
24required to be licensed who acquire or dispose of essential
25parts other than quarter panels and transmissions of vehicles
26of the first division shall retain a copy of the Uniform

 

 

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1Invoice required to be made by subsections (a), (b) and (c) of
2this Section for a period of 3 years.
3    (f) Except for scrap processors, any person licensed or
4required to be licensed under Sections 5-101, 5-102 or 5-301
5who knowingly fails to record on a Uniform Invoice any of the
6information or entries required to be recorded by subsections
7(a), (b) and (c) of this Section, or who knowingly places false
8entries or other misleading information on such Uniform
9Invoice, or who knowingly fails to retain for 3 years a copy of
10a Uniform Invoice reflecting transactions required to be
11recorded by subsections (a), (b) and (c) of this Section, or
12who knowingly acquires or disposes of essential parts without
13receiving, issuing, or executing a Uniform Invoice reflecting
14that transaction as required by subsections (a), (b) and (c) of
15this Section, or who brings or causes to be brought into this
16State essential parts for which the information required to be
17recorded on a Uniform Invoice is not recorded as prohibited by
18subsection (c) of this Section, or who knowingly fails to
19comply with the provisions of this Section in any other manner
20shall be guilty of a Class 2 felony. Each violation shall
21constitute a separate and distinct offense and a separate count
22may be brought in the same indictment or information for each
23essential part for which a record was not kept as required by
24this Section or for which the person failed to comply with
25other provisions of this Section.
26    (g) The records required to be kept by this Section may be

 

 

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