Illinois General Assembly - Full Text of SB0675
Illinois General Assembly

Previous General Assemblies

Full Text of SB0675  100th General Assembly


Rep. Marcus C. Evans, Jr.

Filed: 5/18/2017





10000SB0675ham002LRB100 06005 AXK 26584 a


2    AMENDMENT NO. ______. Amend Senate Bill 675 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-118, 5-301, 5-503, 6-201, and 6-401 and by
6adding Section 5-501.5 as follows:
7    (625 ILCS 5/1-118)  (from Ch. 95 1/2, par. 1-118)
8    Sec. 1-118. Essential parts. All integral and body parts of
9a vehicle of a type required to be registered hereunder, the
10removal, alteration or substitution of which would tend to
11conceal the identity of the vehicle or substantially alter its
12appearance, model, type or mode of operation. "Essential parts"
13includes the following: vehicle hulks, shells, chassis,
14frames, front end assemblies (which may consist of headlight,
15grill, fenders and hood), front clip (front end assembly with
16cowl attached), rear clip (which may consist of quarter panels,



10000SB0675ham002- 2 -LRB100 06005 AXK 26584 a

1fenders, floor and top), doors, hatchbacks, fenders, cabs, cab
2clips, cowls, hoods, trunk lids, deck lids, bed, front bumper,
3rear bumper, T-tops, sunroofs, moon roofs, astro roofs,
4transmissions of vehicles of the second division, seats,
5aluminum wheels, engines and similar parts. Essential parts
6also includes fairings, fuel tanks, and forks of motorcycles.
7Essential parts shall also include stereo radios, cassette
8radios, compact disc radios, cassette/compact disc radios and
9compact disc players and compact disc changers which are either
10installed in dash or trunk-mounted.
11    An essential part which does not have affixed to it an
12identification number as defined in Section 1-129 adopts the
13identification number of the vehicle to which such part is
14affixed, installed or mounted.
15    An "essential part" does not include an engine,
16transmission, or a rear axle that is used in a glider kit.
17(Source: P.A. 99-748, eff. 8-5-16.)
18    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
19    Sec. 5-301. Automotive parts recyclers, scrap processors,
20repairers and rebuilders must be licensed.
21    (a) No person in this State shall, except as an incident to
22the servicing of vehicles, carry on or conduct the business of
23an automotive parts recycler, a scrap processor, a repairer, or
24a rebuilder, unless licensed to do so in writing by the
25Secretary of State under this Section. No person shall rebuild



10000SB0675ham002- 3 -LRB100 06005 AXK 26584 a

1a salvage vehicle unless such person is licensed as a rebuilder
2by the Secretary of State under this Section. No person shall
3engage in the business of acquiring 5 or more previously owned
4vehicles in one calendar year for the primary purpose of
5disposing of those vehicles in the manner described in the
6definition of a "scrap processor" in this Code unless the
7person is licensed as an automotive parts recycler by the
8Secretary of State under this Section. Each license shall be
9applied for and issued separately, except that a license issued
10to a new vehicle dealer under Section 5-101 of this Code shall
11also be deemed to be a repairer license.
12    (b) Any application filed with the Secretary of State,
13shall be duly verified by oath, in such form as the Secretary
14of 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



10000SB0675ham002- 4 -LRB100 06005 AXK 26584 a

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 or
22        the Criminal Code of 2012, Criminal Trespass to
23        Vehicles; or
24            (f) The Retailers Occupation Tax Act.
25        5. A statement that the applicant's officers,
26    directors, shareholders having a ten percent or greater



10000SB0675ham002- 5 -LRB100 06005 AXK 26584 a

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



10000SB0675ham002- 6 -LRB100 06005 AXK 26584 a

1    the Secretary of State.
2        7. A statement that the applicant understands Chapter 1
3    through Chapter 5 of this Code.
4        8. A statement that the applicant shall comply with
5    subsection (e) of this Section.
6        9. A statement indicating if the applicant, including
7    any of the applicant's affiliates or predecessor
8    corporations, has been subject to the revocation or
9    nonrenewal of a business license by a municipality under
10    Section 5-501.5 of this Code.
11    (c) Any change which renders no longer accurate any
12information contained in any application for a license filed
13with the Secretary of State shall be amended within 30 days
14after the occurrence of such change on such form as the
15Secretary of State may prescribe by rule or regulation,
16accompanied by an amendatory fee of $2.
17    (d) Anything in this chapter to the contrary,
18notwithstanding, no person shall be licensed under this Section
19unless such person shall maintain an established place of
20business as defined in this Chapter.
21    (e) The Secretary of State shall within a reasonable time
22after receipt thereof, examine an application submitted to him
23under this Section and unless he makes a determination that the
24application submitted to him does not conform with the
25requirements of this Section or that grounds exist for a denial
26of the application, as prescribed in Section 5-501 of this



10000SB0675ham002- 7 -LRB100 06005 AXK 26584 a

1Chapter, grant the applicant an original license as applied for
2in writing for his established place of business and a
3supplemental license in writing for each additional place of
4business in such form as he may prescribe by rule or regulation
5which shall include the following:
6        1. The name of the person licensed;
7        2. If a corporation, the name and address of its
8    officers or if a sole proprietorship, a partnership, an
9    unincorporated association or any similar form of business
10    organization, the name and address of the proprietor or of
11    each partner, member, officer, director, trustee or
12    manager;
13        3. A designation of the kind or kinds of business
14    enumerated in subsection (a) of this Section to be
15    conducted at each location;
16        4. In the case of an original license, the established
17    place of business of the licensee;
18        5. In the case of a supplemental license, the
19    established place of business of the licensee and the
20    additional place of business to which such supplemental
21    license pertains.
22    (f) The appropriate instrument evidencing the license or a
23certified copy thereof, provided by the Secretary of State
24shall be kept, posted, conspicuously in the established place
25of business of the licensee and in each additional place of
26business, if any, maintained by such licensee. The licensee



10000SB0675ham002- 8 -LRB100 06005 AXK 26584 a

1also shall post conspicuously in the established place of
2business and in each additional place of business a notice
3which states that such business is required to be licensed by
4the Secretary of State under Section 5-301, and which provides
5the license number of the business and the license expiration
6date. This notice also shall advise the consumer that any
7complaints as to the quality of service may be brought to the
8attention of the Attorney General. The information required on
9this notice also shall be printed conspicuously on all
10estimates and receipts for work by the licensee subject to this
11Section. The Secretary of State shall prescribe the specific
12format of this notice.
13    (g) Except as provided in subsection (h) hereof, licenses
14granted under this Section shall expire by operation of law on
15December 31 of the calendar year for which they are granted
16unless sooner revoked, nonrenewed, or cancelled under the
17provisions of Section 5-501 or 5-501.5 of this Chapter.
18    (h) Any license granted under this Section may be renewed
19upon application and payment of the fee required herein as in
20the case of an original license, provided, however, that in
21case an application for the renewal of an effective license is
22made during the month of December, such effective license shall
23remain in force until such application is granted or denied by
24the Secretary of State.
25    (i) All automotive repairers and rebuilders shall, in
26addition to the requirements of subsections (a) through (h) of



10000SB0675ham002- 9 -LRB100 06005 AXK 26584 a

1this Section, meet the following licensing requirements:
2        1. Provide proof that the property on which first time
3    applicants plan to do business is in compliance with local
4    zoning laws and regulations, and a listing of zoning
5    classification;
6        2. Provide proof that the applicant for a repairer's
7    license complies with the proper workers' compensation
8    rate code or classification, and listing the code of
9    classification for that industry;
10        3. Provide proof that the applicant for a rebuilder's
11    license complies with the proper workers' compensation
12    rate code or classification for the repair industry or the
13    auto parts recycling industry and listing the code of
14    classification;
15        4. Provide proof that the applicant has obtained or
16    applied for a hazardous waste generator number, and listing
17    the actual number if available or certificate of exemption;
18        5. Provide proof that applicant has proper liability
19    insurance, and listing the name of the insurer and the
20    policy number; and
21        6. Provide proof that the applicant has obtained or
22    applied for the proper State sales tax classification and
23    federal identification tax number, and listing the actual
24    numbers if available.
25    (i-1) All automotive repairers shall provide proof that
26they comply with all requirements of the Automotive Collision



10000SB0675ham002- 10 -LRB100 06005 AXK 26584 a

1Repair Act.
2    (j) All automotive parts recyclers shall, in addition to
3the requirements of subsections (a) through (h) of this
4Section, meet the following licensing requirements:
5        1. Provide a statement that the applicant purchases 5
6    vehicles per year or has 5 hulks or chassis in stock;
7        2. Provide proof that the property on which all first
8    time applicants will do business does comply to the proper
9    local zoning laws in existence, and a listing of zoning
10    classifications;
11        3. Provide proof that applicant complies with the
12    proper workers' compensation rate code or classification,
13    and listing the code of classification; and
14        4. Provide proof that applicant has obtained or applied
15    for the proper State sales tax classification and federal
16    identification tax number, and listing the actual numbers
17    if available.
18(Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13;
1998-756, eff. 7-16-14.)
20    (625 ILCS 5/5-501.5 new)
21    Sec. 5-501.5. License eligibility; fraud.
22    (a) For purposes of this Section, an "automotive parts
23recycler, scrap processor, repairer, or rebuilder" includes
24any owners, operators, principals, shareholders, partners, or
25directors that have ownership interest or managerial authority



10000SB0675ham002- 11 -LRB100 06005 AXK 26584 a

1in the business at the time the fraud or misconduct occurred.
2    (b) Notwithstanding any other provision of law to the
3contrary, an automotive parts recycler, scrap processor,
4repairer, or rebuilder with a business license issued by a
5municipality that has been revoked or nonrenewed due to fraud
6or misconduct committed against the municipality within 3 years
7preceding the effective date of this amendatory Act of the
8100th General Assembly or on or after the effective date of
9this amendatory Act of the 100th General Assembly shall not be
10eligible for a license or license renewal under Section 5-301
11of this Code.
12    (c) No later than 30 days after the effective date of this
13amendatory Act of the 100th General Assembly, a municipality
14that has revoked or nonrenewed a business license under
15subsection (b) of this Section shall:
16        (1) notify the Secretary of State of the revocation or
17    nonrenewal; and
18        (2) notify any other municipality in which the former
19    licensee is known to conduct business that the former
20    licensee's business license has been revoked or nonrenewed
21    due to fraud or misconduct committed against the
22    municipality.
23    (d) No later than 30 days after receiving a notice required
24under paragraph (2) of subsection (c) of this Section, a
25municipality shall take all actions necessary to revoke or, if
26the business license is set to expire within a 30-day period of



10000SB0675ham002- 12 -LRB100 06005 AXK 26584 a

1the notice, prohibit renewal of the licensee's business
3    (d-5) No later than 30 days after receiving notice under
4paragraph (1) of subsection (c) of this Section, the Secretary
5shall notify the former licensee that it is not eligible to
6conduct business in this State as an automotive parts recycler,
7scrap processor, repairer, or rebuilder.
8    (e) An automotive parts recycler, scrap processor,
9repairer, or rebuilder shall be fined $10,000 for each day it
10conducts business in this State in violation of this Section.
11    (f) No unit of local government, including a home rule
12unit, may regulate business licenses in a manner inconsistent
13with this Section. This subsection (f) is a limitation under
14subsection (i) of Section 6 of Article VII of the Illinois
15Constitution on the concurrent exercise by home rule units of
16powers and functions exercised by the State.
17    (g) This Section shall not apply to a municipality with
181,000,000 or more inhabitants.
19    (625 ILCS 5/5-503)  (from Ch. 95 1/2, par. 5-503)
20    Sec. 5-503. Failure to obtain dealer's license, operation
21of a business with a suspended or revoked license. (a) Any
22person operating a business for which he is required to be
23licensed under Section 5-101, 5-102, 5-201 or 5-301 who fails
24to apply for such a license or licenses within 15 days after
25being informed in writing by the Secretary of State that he



10000SB0675ham002- 13 -LRB100 06005 AXK 26584 a

1must obtain such a license or licenses is subject to a civil
2action brought by the Secretary of State for operating a
3business without a license in the circuit court in the county
4in which the business is located. If the person is found to be
5in violation of Section 5-101, 5-102, 5-201 or 5-301 by
6carrying on a business without being properly licensed, that
7person shall be fined $300 for each business day he conducted
8his business without such a license after the expiration of the
915 day period specified in this subsection (a).
10    (b) Any person who, having had his license or licenses
11issued under Section 5-101, 5-102, 5-201 or 5-301 suspended,
12revoked, nonrenewed, cancelled, or denied by the Secretary of
13State under Section 5-501 or 5-501.5 of this Code, continues to
14operate business after the effective date of such revocation,
15nonrenewal, suspension, cancellation, or denial may be sued in
16a civil action by the Secretary of State in the county in which
17the established or additional place of such business is
18located. Except as provided in subsection (e) of Section
195-501.5 of this Code, if If such person is found by the court
20to have operated such a business after the license or licenses
21required for conducting such business have been suspended,
22revoked, nonrenewed, cancelled, or denied, that person shall be
23fined $500 for each day he conducted business thereafter.
24(Source: P.A. 86-444.)
25    (625 ILCS 5/6-201)



10000SB0675ham002- 14 -LRB100 06005 AXK 26584 a

1    Sec. 6-201. Authority to cancel licenses and permits.
2    (a) The Secretary of State is authorized to cancel any
3license or permit upon determining that the holder thereof:
4        1. was not entitled to the issuance thereof hereunder;
5    or
6        2. failed to give the required or correct information
7    in his application; or
8        3. failed to pay any fees, civil penalties owed to the
9    Illinois Commerce Commission, or taxes due under this Act
10    and upon reasonable notice and demand; or
11        4. committed any fraud in the making of such
12    application; or
13        5. is ineligible therefor under the provisions of
14    Section 6-103 of this Act, as amended; or
15        6. has refused or neglected to submit an alcohol, drug,
16    and intoxicating compound evaluation or to submit to
17    examination or re-examination as required under this Act;
18    or
19        7. has been convicted of violating the Cannabis Control
20    Act, the Illinois Controlled Substances Act, the
21    Methamphetamine Control and Community Protection Act, or
22    the Use of Intoxicating Compounds Act while that individual
23    was in actual physical control of a motor vehicle. For
24    purposes of this Section, any person placed on probation
25    under Section 10 of the Cannabis Control Act, Section 410
26    of the Illinois Controlled Substances Act, or Section 70 of



10000SB0675ham002- 15 -LRB100 06005 AXK 26584 a

1    the Methamphetamine Control and Community Protection Act
2    shall not be considered convicted. Any person found guilty
3    of this offense, while in actual physical control of a
4    motor vehicle, shall have an entry made in the court record
5    by the judge that this offense did occur while the person
6    was in actual physical control of a motor vehicle and order
7    the clerk of the court to report the violation to the
8    Secretary of State as such. After the cancellation, the
9    Secretary of State shall not issue a new license or permit
10    for a period of one year after the date of cancellation.
11    However, upon application, the Secretary of State may, if
12    satisfied that the person applying will not endanger the
13    public safety, or welfare, issue a restricted driving
14    permit granting the privilege of driving a motor vehicle
15    between the petitioner's residence and petitioner's place
16    of employment or within the scope of the petitioner's
17    employment related duties, or to allow transportation for
18    the petitioner or a household member of the petitioner's
19    family for the receipt of necessary medical care, or
20    provide transportation for the petitioner to and from
21    alcohol or drug remedial or rehabilitative activity
22    recommended by a licensed service provider, or for the
23    petitioner to attend classes, as a student, in an
24    accredited educational institution. The petitioner must
25    demonstrate that no alternative means of transportation is
26    reasonably available; provided that the Secretary's



10000SB0675ham002- 16 -LRB100 06005 AXK 26584 a

1    discretion shall be limited to cases where undue hardship,
2    as defined by the rules of the Secretary of State, would
3    result from a failure to issue such restricted driving
4    permit. In each case the Secretary of State may issue such
5    restricted driving permit for such period as he deems
6    appropriate, except that such permit shall expire within
7    one year from the date of issuance. A restricted driving
8    permit issued hereunder shall be subject to cancellation,
9    revocation and suspension by the Secretary of State in like
10    manner and for like cause as a driver's license issued
11    hereunder may be cancelled, revoked or suspended; except
12    that a conviction upon one or more offenses against laws or
13    ordinances regulating the movement of traffic shall be
14    deemed sufficient cause for the revocation, suspension or
15    cancellation of a restricted driving permit. The Secretary
16    of State may, as a condition to the issuance of a
17    restricted driving permit, require the applicant to
18    participate in a driver remedial or rehabilitative
19    program. In accordance with 49 C.F.R. 384, the Secretary of
20    State may not issue a restricted driving permit for the
21    operation of a commercial motor vehicle to a person holding
22    a CDL whose driving privileges have been revoked,
23    suspended, cancelled, or disqualified under this Code; or
24        8. failed to submit a report as required by Section
25    6-116.5 of this Code; or
26        9. has been convicted of a sex offense as defined in



10000SB0675ham002- 17 -LRB100 06005 AXK 26584 a

1    the Sex Offender Registration Act. The driver's license
2    shall remain cancelled until the driver registers as a sex
3    offender as required by the Sex Offender Registration Act,
4    proof of the registration is furnished to the Secretary of
5    State and the sex offender provides proof of current
6    address to the Secretary; or
7        10. is ineligible for a license or permit under Section
8    6-107, 6-107.1, or 6-108 of this Code; or
9        11. refused or neglected to appear at a Driver Services
10    facility to have the license or permit corrected and a new
11    license or permit issued or to present documentation for
12    verification of identity; or
13        12. failed to submit a medical examiner's certificate
14    or medical variance as required by 49 C.F.R. 383.71 or
15    submitted a fraudulent medical examiner's certificate or
16    medical variance; or
17        13. has had his or her medical examiner's certificate,
18    medical variance, or both removed or rescinded by the
19    Federal Motor Carrier Safety Administration; or
20        14. failed to self-certify as to the type of driving in
21    which the CDL driver engages or expects to engage; or
22        15. has submitted acceptable documentation indicating
23    out-of-state residency to the Secretary of State to be
24    released from the requirement of showing proof of financial
25    responsibility in this State; or
26        16. was convicted of fraud relating to the testing or



10000SB0675ham002- 18 -LRB100 06005 AXK 26584 a

1    issuance of a CDL or CLP, in which case only the CDL or CLP
2    shall be cancelled. After cancellation, the Secretary
3    shall not issue a CLP or CDL for a period of one year from
4    the date of cancellation; or
5        17. has a special restricted license under subsection
6    (g) of Section 6-113 of this Code and failed to submit the
7    required annual vision specialist report that the special
8    restricted license holder's vision has not changed; or
9        18. has a special restricted license under subsection
10    (g) of Section 6-113 of this Code and was convicted or
11    received court supervision for a violation of this Code
12    that occurred during nighttime hours or was involved in a
13    motor vehicle accident during nighttime hours in which the
14    restricted license holder was at fault; or .
15        19. has assisted an out-of-state resident in acquiring
16    an Illinois driver's license or identification card by
17    providing or allowing the out-of-state resident to use his
18    or her Illinois address of residence and is complicit in
19    distributing and forwarding the Illinois driver's license
20    or identification card to the out-of-state resident.
21    (b) Upon such cancellation the licensee or permittee must
22surrender the license or permit so cancelled to the Secretary
23of State.
24    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
25Secretary of State shall have exclusive authority to grant,
26issue, deny, cancel, suspend and revoke driving privileges,



10000SB0675ham002- 19 -LRB100 06005 AXK 26584 a

1drivers' licenses and restricted driving permits.
2    (d) The Secretary of State may adopt rules to implement
3this Section.
4(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
597-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176 (see Section
610 of P.A. 98-722 and Section 10 of P.A. 99-414 for the
7effective date of changes made by P.A. 98-176); 98-178, eff.
81-1-14; 98-747, eff. 1-1-15; 98-756, eff. 7-16-14.)
9    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)
10    Sec. 6-401. Driver training schools-license required.
11    (a) No person, firm, association, partnership or
12corporation shall operate a driver training school or engage in
13the business of giving instruction for hire or for a fee in (1)
14the driving of motor vehicles; or (2) the preparation of an
15applicant for examination given by the Secretary of State for a
16drivers license or permit, unless a license therefor has been
17issued by the Secretary. No public schools or educational
18institutions shall contract with entities engaged in the
19business of giving instruction for hire or for a fee in the
20driving of motor vehicles for the preparation of an applicant
21for examination given by the Secretary of State for a driver's
22license or permit, unless a license therefor has been issued by
23the Secretary.
24    This subsection (a) Section shall not apply to (i) public
25schools or to educational institutions in which driving



10000SB0675ham002- 20 -LRB100 06005 AXK 26584 a

1instruction is part of the curriculum, (ii) employers giving
2instruction to their employees, or (iii) schools that teach
3enhanced driving skills to licensed drivers as set forth in
4Article X of Chapter 6 of this Code.
5    (b) Any person, firm, association, partnership, or
6corporation that violates subsection (a) of this Section shall
7be guilty of a Class A misdemeanor for a first offense and a
8Class 4 felony for a second or subsequent offense.
9(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
10eff. 7-28-11.)
11    Section 99. Effective date. This Act takes effect upon
12becoming law.".