Full Text of HB5126 95th General Assembly
HB5126eng 95TH GENERAL ASSEMBLY
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HB5126 Engrossed |
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LRB095 15616 LCT 41617 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 5-301, 5-401.3 and 5-402.1 as follows:
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| (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
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| Sec. 5-301. Automotive parts recyclers, scrap processors, | 8 |
| repairers and
rebuilders must be licensed.
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| (a) No person in this State shall, except as an incident to
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| 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 | 17 |
| license issued to a new vehicle dealer under
Section 5-101 of | 18 |
| this Code shall also be deemed to be a repairer license.
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| (a-5) No recyclable metal dealer may acquire or possess a | 20 |
| vehicle, junk vehicle, vehicle cowl, or essential vehicle parts | 21 |
| as defined by Section 1-118 of this Code, for the purpose of | 22 |
| processing it into a form other than a vehicle, unless that | 23 |
| recyclable metal dealer is also licensed by the Secretary of |
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LRB095 15616 LCT 41617 b |
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| State as a scrap processor pursuant to this Section. A | 2 |
| recyclable metal dealer who fails to obtain a scrap processor's | 3 |
| license shall be subject to the provisions of Sections 5-503 | 4 |
| and 5-801 of this Code. | 5 |
| (b) Any application filed with the Secretary of State, | 6 |
| shall be duly
verified by oath, in such form as the Secretary | 7 |
| of State may by rule or
regulation prescribe and shall contain:
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| 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.
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| 2. The kind or kinds of business enumerated in | 12 |
| subsection (a) of
this Section to be conducted at each | 13 |
| location.
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| 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
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| 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.
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| 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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LRB095 15616 LCT 41617 b |
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| 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:
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| (a) The Anti Theft Laws of the Illinois Vehicle | 6 |
| Code;
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| (b) The "Certificate of Title Laws" of the Illinois | 8 |
| Vehicle Code;
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| (c) The "Offenses against Registration and | 10 |
| Certificates of Title Laws"
of the Illinois Vehicle | 11 |
| Code;
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| (d) The "Dealers, Transporters, Wreckers and | 13 |
| Rebuilders Laws" of the
Illinois Vehicle Code;
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| (e) Section 21-2 of the Criminal Code of 1961, | 15 |
| Criminal Trespass to
Vehicles; or
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| (f) The Retailers Occupation Tax Act.
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| 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:
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| (a) The Consumer Finance Act;
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| (b) The Consumer Installment Loan Act;
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| (c) The Retail Installment Sales Act;
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| (d) The Motor Vehicle Retail Installment Sales | 3 |
| Act;
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| (e) The Interest Act;
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| (f) The Illinois Wage Assignment Act;
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| (g) Part 8 of Article XII of the Code of Civil | 7 |
| Procedure; or
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| (h) The Consumer Fraud Act.
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| 6. An application for a license shall be accompanied by | 10 |
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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.
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| 7. A statement that the applicant understands Chapter 1 | 21 |
| through
Chapter 5 of this Code.
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| 8. A statement that the applicant shall comply with
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| subsection (e)
of this Section.
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| (c) Any change which renders no longer accurate any | 25 |
| information
contained in any application for a license filed | 26 |
| with the Secretary of
State shall be amended within 30 days |
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| after the occurrence of such
change on such form as the | 2 |
| Secretary of State may prescribe by rule or
regulation, | 3 |
| accompanied by an amendatory fee of $2.
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| (d) Anything in this chapter to the contrary, | 5 |
| notwithstanding, no
person shall be licensed under this Section | 6 |
| unless such person shall
maintain an established place of | 7 |
| business as defined in this Chapter.
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| (e) The Secretary of State shall within a reasonable time | 9 |
| after
receipt thereof, examine an application submitted to him | 10 |
| under this
Section and unless he makes a determination that the | 11 |
| application
submitted to him does not conform with the | 12 |
| requirements of this Section
or that grounds exist for a denial | 13 |
| of the application, as prescribed in
Section 5-501 of this | 14 |
| Chapter, grant the applicant an original license
as applied for | 15 |
| in writing for his established place of business and a
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| supplemental license in writing for each additional place of
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| business in such form as he may prescribe by rule or regulation | 18 |
| which shall
include the following:
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| 1. The name of the person licensed;
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| 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;
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| 3. A designation of the kind or kinds of business |
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| enumerated in
subsection (a) of this Section to be | 2 |
| conducted at each location;
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| 4. In the case of an original license, the established | 4 |
| place of
business of the licensee;
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| 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.
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| (f) The appropriate instrument evidencing the license or a | 10 |
| certified
copy thereof, provided by the Secretary of State | 11 |
| shall be kept, posted,
conspicuously in the established place | 12 |
| of business of the
licensee and in each additional place of | 13 |
| business, if any, maintained by
such licensee. The licensee | 14 |
| also shall post conspicuously in the
established place of | 15 |
| business and in each additional place of business a
notice | 16 |
| which states that such business is required to be licensed by | 17 |
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Secretary of State under Section 5-301, and which provides | 18 |
| the license
number of the business and the license expiration | 19 |
| date. This notice also
shall advise the consumer that any | 20 |
| complaints as to the quality of service
may be brought to the | 21 |
| attention of the Attorney General. The information
required on | 22 |
| this notice also shall be printed conspicuously on all
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| estimates and receipts for work by the licensee subject to this | 24 |
| Section.
The Secretary of State shall prescribe the specific | 25 |
| format of this notice.
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| (g) Except as provided in subsection (h) hereof, licenses |
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| granted
under this Section shall expire by operation of law on | 2 |
| December 31 of
the calendar year for which they are granted | 3 |
| unless sooner revoked or
cancelled under the provisions of | 4 |
| Section 5-501 of this Chapter.
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| (h) Any license granted under this Section may be renewed | 6 |
| upon
application and payment of the fee required herein as in | 7 |
| the case of an
original license, provided, however, that in | 8 |
| case an application for the
renewal of an effective license is | 9 |
| made during the month of December,
such effective license shall | 10 |
| remain in force until such application is
granted or denied by | 11 |
| the Secretary of State.
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| (i) All automotive
repairers and
rebuilders shall, in | 13 |
| addition to the requirements of subsections (a)
through
(h) of | 14 |
| this Section, meet the following licensing requirements:
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| 1. Provide proof that the property on which first time
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| applicants plan to
do business is in compliance with local | 17 |
| zoning laws and regulations, and
a listing of zoning | 18 |
| classification;
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| 2. Provide proof that the applicant for a repairer's
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| license complies
with the proper workers' compensation | 21 |
| rate code or classification, and
listing the code of | 22 |
| classification for that industry;
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| 3. Provide proof that the applicant for a rebuilder's
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| 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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| classification;
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| 4. Provide proof that the applicant has obtained or
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| applied for a
hazardous waste generator number, and listing | 4 |
| the actual number if
available or certificate of exemption;
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| 5. Provide proof that applicant has proper liability
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| insurance, and
listing the name of the insurer and the | 7 |
| policy number; and
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| 6. Provide proof that the applicant has obtained or
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| applied for the proper
State sales tax classification and | 10 |
| federal identification tax number, and
listing the actual | 11 |
| numbers if available.
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| (i-1) All automotive repairers shall provide proof that | 13 |
| they comply with all requirements of the Automotive Collision | 14 |
| Repair Act.
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| (j) All automotive
parts
recyclers shall, in addition to | 16 |
| the requirements of subsections (a) through
(h) of this | 17 |
| Section, meet the following licensing requirements:
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| 1. A statement that the applicant purchases 5 vehicles
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| per year or has 5
hulks or chassis in stock;
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| 2. Provide proof that the property on which all first
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| time applicants will
do business does comply to the proper | 22 |
| local zoning laws in existence, and
a listing of zoning | 23 |
| classifications;
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| 3. Provide proof that applicant complies with the
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| proper workers'
compensation rate code or classification, | 26 |
| and listing the code of
classification; and
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| 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.
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| (Source: P.A. 94-784, eff. 1-1-07.)
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| (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
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| Sec. 5-401.3. Scrap processors and recyclable metal | 8 |
| dealers required to keep records. | 9 |
| (a) Every person licensed or required to be licensed as a | 10 |
| scrap processor
pursuant to Section 5-301 of this Chapter, and | 11 |
| every recyclable metal dealer as defined in Section 1-169.3 of | 12 |
| this Code, shall maintain for 3 years, at
his established place | 13 |
| of business, the following records relating to the
acquisition | 14 |
| of scrap metals or the acquisition of a vehicle, junk vehicle, | 15 |
| or vehicle cowl which has been
acquired for the purpose of | 16 |
| processing into a form other than a vehicle,
junk vehicle or | 17 |
| vehicle cowl which is possessed in the State or brought
into | 18 |
| this State from another state, territory or country.
No scrap | 19 |
| metal processor or recyclable metal dealer shall sell a vehicle | 20 |
| or essential part, as such,
except for engines, transmissions, | 21 |
| and powertrains, unless licensed to do so
under another | 22 |
| provision of this Code. A scrap processor or recyclable metal | 23 |
| dealer who is additionally
licensed as an automotive parts | 24 |
| recycler shall not be subject to the record
keeping | 25 |
| requirements for a scrap processor or recyclable metal dealer
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| when acting as an automotive parts
recycler.
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| (1) For a vehicle, junk vehicle, or vehicle cowl | 3 |
| acquired from a person
who is licensed under this Chapter, | 4 |
| the scrap processor or recyclable metal dealer shall record | 5 |
| the
name and address of the person, and the Illinois or | 6 |
| out-of-state dealer
license number of such person on the | 7 |
| scrap processor or recyclable metal dealer's
weight ticket | 8 |
| at the
time of the acquisition. The person disposing of the | 9 |
| vehicle, junk vehicle,
or vehicle cowl shall furnish the | 10 |
| scrap processor or recyclable metal dealer with | 11 |
| documentary proof of
ownership of the vehicle, junk | 12 |
| vehicle, or vehicle cowl in one of the
following forms: a | 13 |
| Certificate of Title, a Salvage Certificate, or a Junking
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| Certificate , a Secretary of State Junking Manifest, a | 15 |
| Uniform Invoice, a
Certificate of Purchase, or other | 16 |
| similar documentary proof of ownership .
The scrap | 17 |
| processor or recyclable metal dealer shall not acquire a | 18 |
| vehicle, junk vehicle or vehicle
cowl without obtaining one | 19 |
| of the aforementioned documentary proofs of ownership.
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| (2) For a vehicle, junk vehicle or vehicle cowl | 21 |
| acquired from a person
who is not licensed under this | 22 |
| Chapter, the scrap processor or recyclable metal dealer
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| shall verify
and record that person's identity by recording | 24 |
| the identification of such
person from at least 2 sources | 25 |
| of identification, one of which shall be a
driver's license | 26 |
| or State Identification Card, on the scrap processor or |
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| recyclable metal dealer's
weight ticket at the time of the | 2 |
| acquisition. The person
disposing of the vehicle, junk | 3 |
| vehicle, or vehicle cowl shall furnish the
scrap processor | 4 |
| or recyclable metal dealer with documentary proof of | 5 |
| ownership of the vehicle, junk
vehicle, or vehicle cowl in | 6 |
| one of the following forms: a Certificate of
Title, a | 7 |
| Salvage Certificate, or a Junking Certificate , a Secretary | 8 |
| of State
Junking Manifest, a Certificate of Purchase, or | 9 |
| other similar documentary
proof of ownership . The scrap | 10 |
| processor or recyclable metal dealer shall not acquire a | 11 |
| vehicle, junk
vehicle or vehicle cowl without obtaining one | 12 |
| of the aforementioned
documentary proofs of ownership.
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| (3) In addition to the other information required on | 14 |
| the scrap processor or recyclable metal dealer's
weight | 15 |
| ticket, a scrap processor or recyclable metal dealer who at | 16 |
| the time of acquisition of a
vehicle, junk vehicle, or | 17 |
| vehicle cowl is furnished a Certificate of Title,
a Salvage | 18 |
| Certificate , or a Junking Certificate Certificate of | 19 |
| Purchase shall record the vehicle
Identification Number on | 20 |
| the weight ticket or affix a copy of the
Certificate of | 21 |
| Title, Salvage Certificate , or Junking Certificate | 22 |
| Certificate of Purchase to the
weight ticket and the | 23 |
| identification of the person acquiring the
information on | 24 |
| the behalf of the scrap processor or recyclable metal | 25 |
| dealer.
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| (4) The scrap processor or recyclable metal dealer
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LRB095 15616 LCT 41617 b |
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| shall maintain a copy of a Junk Vehicle
Notification | 2 |
| relating to any Certificate
of Title, Salvage Certificate , | 3 |
| or Junking Certificate , Certificate of Purchase or | 4 |
| similarly
acceptable out-of-state document surrendered to | 5 |
| the Secretary of State
pursuant to the provisions of | 6 |
| Section 3-117.2 of this Code.
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| (5) For recyclable scrap metals valued at $100 or more, | 8 |
| the scrap processor or recyclable metal dealer shall verify | 9 |
| and record the identity of the person from whom the | 10 |
| recyclable scrap metals were acquired by recording the | 11 |
| identification of that person from one source of | 12 |
| identification, which shall be a driver's license or State | 13 |
| Identification Card, on the scrap processor or recyclable | 14 |
| metal dealer's weight ticket at the time of the | 15 |
| acquisition. The inspection of records pertaining only to | 16 |
| recyclable scrap metals shall not be counted as an | 17 |
| inspection of a premises for purposes of subparagraph (7) | 18 |
| of Section 5-403 of this Code.
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| This subdivision (a)(5) does not apply to
electrical | 20 |
| contractors, to agencies or instrumentalities of the State | 21 |
| of
Illinois or of the United States, to common carriers, to | 22 |
| purchases from
persons, firms, or corporations regularly | 23 |
| engaged in the business of
manufacturing recyclable metal, | 24 |
| in the business of selling recyclable metal at retail or
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| wholesale, or in the business of razing, demolishing, | 26 |
| destroying, or removing
buildings, to the purchase by one |
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| recyclable metal dealer from another, or the
purchase from | 2 |
| persons, firms, or corporations engaged in either the
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| generation, transmission, or distribution of electric | 4 |
| energy or in
telephone, telegraph, and other | 5 |
| communications if such common carriers,
persons, firms, or | 6 |
| corporations at the time of the purchase provide the | 7 |
| recyclable metal
dealer with a bill of sale or other | 8 |
| written evidence of title to the recyclable metal. This | 9 |
| subdivision (a)(5) also does not apply to contractual | 10 |
| arrangements between dealers.
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| (b) Any licensee or recyclable metal dealer who knowingly | 12 |
| fails to record any of the specific
information required to be | 13 |
| recorded on the weight ticket or who knowingly
fails to acquire | 14 |
| and maintain for 3 years documentary proof of ownership in
one | 15 |
| of the prescribed forms shall be guilty of a Class A | 16 |
| misdemeanor and
subject to suspension of his or her license for | 17 |
| a period of up to 5 years a fine not to exceed $1,000 . Each | 18 |
| violation shall constitute a
separate and distinct offense and | 19 |
| a separate count may be brought in the
same complaint for each | 20 |
| violation. Any licensee or recyclable metal dealer who commits | 21 |
| a second
violation of this Section within two years of a | 22 |
| previous conviction of a
violation of this Section shall be | 23 |
| guilty of a Class 4 felony.
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| (c) It shall be an affirmative defense to an offense | 25 |
| brought under
paragraph (b) of this Section that the licensee | 26 |
| or recyclable metal dealer or person required to be
licensed |
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LRB095 15616 LCT 41617 b |
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| both reasonably and in good faith relied on information | 2 |
| appearing
on a Certificate of Title, a Salvage Certificate, or | 3 |
| a Junking Certificate , a
Secretary of State Manifest, a | 4 |
| Secretary of State's Uniform Invoice, a
Certificate of | 5 |
| Purchase, or other documentary proof of ownership prepared
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| under Section 3-117.1 (a) of this Code, relating to the | 7 |
| transaction for
which the required record was not kept which | 8 |
| was supplied to the licensee or recyclable metal dealer
by | 9 |
| another licensee or recyclable metal dealer or an out-of-state | 10 |
| dealer .
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| (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 or recyclable metal dealer shall | 14 |
| notify the Secretary of that fact. Failure to so notify
the | 15 |
| Secretary of State shall constitute a failure to keep
records | 16 |
| under this Section.
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| (e) Any scrap processor who finds a nonconforming vehicle | 18 |
| identification number on any documentary proof of ownership of | 19 |
| a vehicle, junk vehicle, or vehicle cowl provided by the person | 20 |
| attempting to dispose of such item shall report the offense to | 21 |
| the Secretary of State, including the name of the person | 22 |
| attempting to dispose of the vehicle, junk vehicle, or vehicle | 23 |
| cowl, the actual vehicle identification number, the | 24 |
| nonconforming vehicle number, the vehicle license plate | 25 |
| number, a copy of the document used, and the license number of | 26 |
| the person or persons involved in the attempted transaction. |
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LRB095 15616 LCT 41617 b |
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| Any person licensed as a scrap processor pursuant to Section | 2 |
| 5-301 who is found to be in violation of this subsection or any | 3 |
| licensed entity found in violation of this subsection shall be | 4 |
| subject to suspension of his, her, or its license for a period | 5 |
| of up to 5 years. Any person in violation of this subsection | 6 |
| shall be guilty of a Class 2 felony. Evidence derived directly | 7 |
| or indirectly from the keeping of records
required to be kept | 8 |
| under this Section shall not be admissible in a
prosecution of | 9 |
| the licensee or recyclable metal dealer for an alleged | 10 |
| violation of Section 4-102
(a)(3) of this Code.
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| (Source: P.A. 95-253, eff. 1-1-08.)
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| (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
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| Sec. 5-402.1. Use of Secretary of State Uniform Invoice for | 14 |
| Essential
Parts.
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| (a) Except for scrap processors, every person licensed or | 16 |
| required
to be licensed under Section 5-101, 5-101.1, 5-102 or | 17 |
| 5-301 of this Code
shall
issue, in a form the Secretary of | 18 |
| State may by rule or regulation
prescribe, a Uniform Invoice, | 19 |
| which may also act as a bill of sale, made
out in triplicate | 20 |
| with respect to each transaction in which he disposes of
an | 21 |
| essential part other than quarter panels and transmissions of | 22 |
| vehicles
of the first division. Such Invoice shall be made out | 23 |
| at the time of the
disposition of the essential part. If the | 24 |
| licensee disposes of several
essential parts in the same | 25 |
| transaction, the licensee may issue one Uniform
Invoice |
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LRB095 15616 LCT 41617 b |
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| covering all essential parts disposed of in that transaction.
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| (b) The following information shall be contained on the | 3 |
| Uniform Invoice:
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| (1) the business name, address and dealer license | 5 |
| number of the person
disposing of the essential part;
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| (2) the name and address of the person acquiring the | 7 |
| essential part,
and if that person is a dealer, the | 8 |
| Illinois or out-of-state dealer license
number of that | 9 |
| dealer;
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| (3) the date of the disposition of the essential part;
| 11 |
| (4) the year, make, model, color and description of | 12 |
| each essential part
disposed of by the person;
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| (5) the manufacturer's vehicle identification number, | 14 |
| Secretary of State
identification
number or Illinois | 15 |
| Department of State Police identification number,
for each | 16 |
| essential
part disposed of by the person;
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| (6) the printed name and legible signature of the | 18 |
| person or agent disposing of the
essential part; and
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| (7) if the person is a dealer the printed name and | 20 |
| legible
signature of the dealer or his agent or employee | 21 |
| accepting
delivery of
the essential part.
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| (c) Except for scrap processors, and except as set forth in | 23 |
| subsection
(d) of this Section, whenever a person licensed or
| 24 |
| required to be licensed by Section
5-101, 5-101.1, 5-102, or | 25 |
| 5-301 accepts delivery of an essential
part, other than quarter | 26 |
| panels and transmissions of vehicles of the
first division, |
|
|
|
HB5126 Engrossed |
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LRB095 15616 LCT 41617 b |
|
| 1 |
| that person shall, at the time of the acceptance or
delivery, | 2 |
| comply
with the following procedures:
| 3 |
| (1) Before acquiring or accepting delivery of any
| 4 |
| essential part, the licensee or
his authorized agent or | 5 |
| employee shall inspect the part to determine
whether the | 6 |
| vehicle identification number, Secretary of State
| 7 |
| identification number, Illinois Department of State Police
| 8 |
| identification number, or identification plate or sticker | 9 |
| attached to or
stamped on any part being acquired or | 10 |
| delivered has been removed,
falsified, altered, defaced, | 11 |
| destroyed, or tampered with. If the licensee
or his agent | 12 |
| or employee determines that the vehicle identification | 13 |
| number,
Secretary of State identification number, Illinois | 14 |
| Department of State
Police identification number, | 15 |
| identification plate or identification
sticker containing | 16 |
| an identification number, or Federal Certificate label
of | 17 |
| an essential part has been removed, falsified, altered, | 18 |
| defaced,
destroyed or tampered with, the licensee or agent | 19 |
| shall not accept or receive
that part.
| 20 |
| If that part was physically acquired by or delivered to | 21 |
| a licensee or
his agent or employee while that licensee, | 22 |
| agent or employee was outside
this State, that licensee or | 23 |
| agent or employee shall not bring that
essential part into | 24 |
| this State or cause it to be brought into this State.
| 25 |
| (2) If the person disposing of or delivering the | 26 |
| essential part to
the licensee is a licensed in-state or |
|
|
|
HB5126 Engrossed |
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LRB095 15616 LCT 41617 b |
|
| 1 |
| out-of-state dealer, the licensee or
his agent or employee, | 2 |
| after inspecting the essential part as required by
| 3 |
| paragraph (1) of this subsection (c), shall examine the | 4 |
| Uniform Invoice, or
bill of sale, as the case may be, to | 5 |
| ensure that it contains all the
information required to be | 6 |
| provided by persons disposing
of essential parts as set | 7 |
| forth in subsection (b) of this Section. If the
Uniform | 8 |
| Invoice or bill of sale does not contain all the | 9 |
| information
required to be listed by subsection (b) of this | 10 |
| Section, the dealer
disposing of or delivering such part or | 11 |
| his agent or employee shall record
such additional | 12 |
| information or other needed modifications on the Uniform
| 13 |
| Invoice or bill of sale or, if needed, an attachment | 14 |
| thereto. The dealer
or his agent or employee delivering the | 15 |
| essential part shall initial all
additions or | 16 |
| modifications to the Uniform Invoice or bill of sale and
| 17 |
| legibly print his name at the bottom of each document | 18 |
| containing his
initials. If the transaction involves a bill | 19 |
| of sale rather
than a Uniform Invoice, the licensee or his | 20 |
| agent or employee accepting
delivery of or acquiring the | 21 |
| essential part shall affix his printed name
and legible | 22 |
| signature on the space on the bill of sale provided for his
| 23 |
| signature or, if no space is provided, on the back of the | 24 |
| bill of sale.
If the dealer or his agent or
employee | 25 |
| disposing of or delivering the essential part cannot or | 26 |
| does
not provide all the information required by
subsection |
|
|
|
HB5126 Engrossed |
- 19 - |
LRB095 15616 LCT 41617 b |
|
| 1 |
| (b) of this Section, the licensee or his agent or employee | 2 |
| shall
not accept or receive any essential part for which | 3 |
| that required
information is not provided. If such | 4 |
| essential part for which the
information required is not | 5 |
| fully provided was physically acquired while
the licensee | 6 |
| or his agent or employee was outside this State, the | 7 |
| licensee
or his agent or employee shall not bring that | 8 |
| essential part into this
State or cause it to be brought | 9 |
| into this State.
| 10 |
| (3) If the person disposing of the essential part is | 11 |
| not a licensed
dealer, the licensee or his agent or | 12 |
| employee shall, after inspecting the
essential part as | 13 |
| required by paragraph (1) of subsection (c) of this
Section | 14 |
| verify the identity of the person disposing of
the | 15 |
| essential part
by examining 2 sources of identification, | 16 |
| one of which shall be either a
driver's license or state | 17 |
| identification card. The licensee or his agent
or employee | 18 |
| shall then prepare a Uniform Invoice listing all the
| 19 |
| information required to be provided by subsection (b) of | 20 |
| this Section. In
the space on the Uniform Invoice provided | 21 |
| for the dealer license number of
the person disposing of | 22 |
| the part, the licensee or his agent or employee
shall list | 23 |
| the numbers taken from the documents of identification | 24 |
| provided
by the person disposing of the part. The person
| 25 |
| disposing of the part
shall affix his printed name and | 26 |
| legible signature on the space on the
Uniform Invoice |
|
|
|
HB5126 Engrossed |
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LRB095 15616 LCT 41617 b |
|
| 1 |
| provided for the person disposing of the
essential part and
| 2 |
| the licensee or his agent or employee acquiring the part | 3 |
| shall affix his
printed name and legible signature on the | 4 |
| space provided on the Uniform
Invoice for the person | 5 |
| acquiring the essential part. If the person
disposing of | 6 |
| the essential part cannot or does not provide all the
| 7 |
| information required to be provided by this paragraph, or | 8 |
| does not present
2 satisfactory forms of identification, | 9 |
| the licensee or his agent or
employee shall not acquire | 10 |
| that essential part.
| 11 |
| (d) If an essential part other than quarter panels and
| 12 |
| transmissions of vehicles of the first division was delivered | 13 |
| by a licensed commercial
delivery service delivering such part | 14 |
| on behalf of a licensed dealer, the
person required to comply | 15 |
| with subsection (c) of this Section may conduct
the inspection | 16 |
| of that part required by paragraph (1) of subsection (c) and | 17 |
| examination
of the Uniform Invoice or bill of sale required by | 18 |
| paragraph (2) of subsection (c) of
this Section immediately | 19 |
| after the acceptance of the part.
| 20 |
| (1) If the inspection of the essential part pursuant to | 21 |
| paragraph (1) of subsection
(c) reveals that the vehicle | 22 |
| identification number, Secretary of State
identification | 23 |
| number, Illinois Department of State Police identification
| 24 |
| number, identification plate or sticker containing an | 25 |
| identification
number, or Federal Certificate label of an | 26 |
| essential part has been removed,
falsified, altered, |
|
|
|
HB5126 Engrossed |
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LRB095 15616 LCT 41617 b |
|
| 1 |
| defaced, destroyed or tampered with, the licensee or
his | 2 |
| agent shall immediately record such fact on the Uniform | 3 |
| Invoice or bill
of sale, assign the part an inventory or | 4 |
| stock number, place such inventory
or stock number on both | 5 |
| the essential part and the Uniform Invoice or bill
of sale, | 6 |
| and record the date of the inspection of the part on the | 7 |
| Uniform
Invoice or bill of sale.
The licensee shall, within | 8 |
| 7 days of such inspection, return such part to
the dealer | 9 |
| from whom it was acquired.
| 10 |
| (2) If the examination of the Uniform Invoice or bill | 11 |
| of sale pursuant
to paragraph (2) of subsection (c) reveals | 12 |
| that any of the information required to be
listed by | 13 |
| subsection (b) of this Section is missing, the licensee or | 14 |
| person
required to be licensed shall immediately assign a | 15 |
| stock or inventory
number to such part, place such stock or | 16 |
| inventory number on both the
essential part and the Uniform | 17 |
| Invoice or bill of sale, and record the date
of examination | 18 |
| on the Uniform Invoice or bill of sale. The licensee or
| 19 |
| person required to be licensed shall acquire the | 20 |
| information missing from
the Uniform Invoice or bill of | 21 |
| sale within 7 days of the examination of
such Uniform | 22 |
| Invoice or bill of sale. Such information may be received | 23 |
| by
telephone conversation with the dealer from whom the | 24 |
| part was acquired. If
the dealer provides the missing | 25 |
| information the licensee shall record such
information on | 26 |
| the Uniform Invoice or bill of sale along with the name of
|
|
|
|
HB5126 Engrossed |
- 22 - |
LRB095 15616 LCT 41617 b |
|
| 1 |
| the person providing the information. If the dealer does | 2 |
| not provide the
required information within the | 3 |
| aforementioned 7 day period, the licensee
shall return the | 4 |
| part to that dealer.
| 5 |
| (e) Except for scrap processors, all persons licensed or | 6 |
| required to
be licensed who acquire or
dispose of essential | 7 |
| parts other than quarter panels and transmissions of
vehicles | 8 |
| of the first division shall retain a copy of the Uniform | 9 |
| Invoice
required to be made by subsections (a), (b) and (c) of | 10 |
| this Section for a
period of 3 years.
| 11 |
| (f) Except for scrap processors, any person licensed or | 12 |
| required to
be licensed under Sections 5-101,
5-102 or 5-301 | 13 |
| who knowingly fails to record on a Uniform Invoice any of the
| 14 |
| information or entries required to be recorded by subsections | 15 |
| (a), (b) and
(c) of this Section, or who knowingly places false | 16 |
| entries or other misleading
information on such Uniform | 17 |
| Invoice, or who knowingly fails to retain for 3 years a
copy of | 18 |
| a Uniform Invoice reflecting transactions required to be | 19 |
| recorded
by subsections (a), (b) and (c) of this Section, or | 20 |
| who knowingly acquires or
disposes of essential parts without | 21 |
| receiving, issuing, or executing a
Uniform Invoice reflecting | 22 |
| that transaction as required by subsections (a),
(b) and (c) of | 23 |
| this Section, or who brings or causes to be brought into
this | 24 |
| State essential parts for which the information required to be
| 25 |
| recorded on a Uniform Invoice is not recorded as prohibited by | 26 |
| subsection
(c) of this Section, or who knowingly fails to |
|
|
|
HB5126 Engrossed |
- 23 - |
LRB095 15616 LCT 41617 b |
|
| 1 |
| comply with the provisions of
this
Section in any other manner | 2 |
| shall be guilty of a Class 2 felony. Each
violation shall | 3 |
| constitute a separate and distinct offense and a separate
count | 4 |
| may be brought in the same indictment or information for each
| 5 |
| essential part for which a record was not kept as required by | 6 |
| this Section
or for which the person failed to comply with | 7 |
| other provisions of this
Section.
| 8 |
| (g) The records required to be kept by this Section
may be | 9 |
| examined by a person or persons making a lawful
inspection of | 10 |
| the licensee's premises pursuant to Section 5-403.
| 11 |
| (h) The records required to be kept by this Section shall | 12 |
| be retained by
the licensee at his principal place of business | 13 |
| for a period of 7 years.
| 14 |
| (i) (Blank). The requirements of this Section shall not | 15 |
| apply to the disposition
of an essential part other than a cowl | 16 |
| which has been damaged or altered to
a state in which it can no | 17 |
| longer be returned to a usable condition and
which is being | 18 |
| sold or transferred to a scrap processor or for delivery to
a | 19 |
| scrap processor.
| 20 |
| (j) Scrap processors shall, under no circumstances, be | 21 |
| permitted to use the Uniform Invoice for any purpose under this | 22 |
| Chapter. Any person found in violation of this subsection (j) | 23 |
| shall be guilty of a Class 2 felony. | 24 |
| (Source: P.A. 91-415, eff. 1-1-00.)
|
|