Full Text of SB1542 102nd General Assembly
SB1542sam001 102ND GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 4/14/2021
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| 1 | | AMENDMENT TO SENATE BILL 1542
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1542 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 5-402.1 as follows:
| 6 | | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
| 7 | | Sec. 5-402.1. Use of Secretary of State Uniform Invoice | 8 | | for Essential
Parts. | 9 | | (a) Except for scrap processors, every person licensed or | 10 | | required
to be licensed under Section 5-101, 5-101.1, 5-102, | 11 | | 5-102.8, or 5-301 of this Code
shall
issue, in a form the | 12 | | Secretary of State may by rule or regulation
prescribe, a | 13 | | Uniform Invoice, which may also act as a bill of sale, made
out | 14 | | in triplicate with respect to each transaction in which he | 15 | | disposes of
an essential part other than quarter panels and | 16 | | transmissions of vehicles
of the first division. Such Invoice |
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| 1 | | shall be made out at the time of the
disposition of the | 2 | | essential part. If the licensee disposes of several
essential | 3 | | parts in the same transaction, the licensee may issue one | 4 | | Uniform
Invoice covering all essential parts disposed of in | 5 | | that transaction.
| 6 | | (b) The following information shall be contained on the | 7 | | Uniform Invoice:
| 8 | | (1) the business name, address and dealer license | 9 | | number of the person
disposing of the essential part;
| 10 | | (2) the name and address of the person acquiring the | 11 | | essential part,
and if that person is a dealer, the | 12 | | Illinois or out-of-state dealer license
number of that | 13 | | dealer;
| 14 | | (3) the date of the disposition of the essential part;
| 15 | | (4) the year, make, model, color and description of | 16 | | each essential part
disposed of by the person;
| 17 | | (5) the manufacturer's vehicle identification number, | 18 | | Secretary of State
identification
number or Illinois | 19 | | Department of State Police identification number,
for each | 20 | | essential
part disposed of by the person;
| 21 | | (6) the printed name and legible signature of the | 22 | | person or agent disposing of the
essential part; and
| 23 | | (7) if the person is a dealer the printed name and | 24 | | legible
signature of the dealer or his agent or employee | 25 | | accepting
delivery of
the essential part.
| 26 | | (c) Except for scrap processors, and except as set forth |
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| 1 | | in subsection
(d) of this Section, whenever a person licensed | 2 | | or
required to be licensed by Section
5-101, 5-101.1, 5-102, | 3 | | or 5-301 accepts delivery of an essential
part, other than | 4 | | quarter panels and transmissions of vehicles of the
first | 5 | | division, that person shall, at the time of the acceptance or
| 6 | | delivery, comply
with the following procedures:
| 7 | | (1) Before acquiring or accepting delivery of any
| 8 | | essential part, the licensee or
his authorized agent or | 9 | | employee shall inspect the part to determine
whether the | 10 | | vehicle identification number, Secretary of State
| 11 | | identification number, Illinois Department of State Police
| 12 | | identification number, or identification plate or sticker | 13 | | attached to or
stamped on any part being acquired or | 14 | | delivered has been removed,
falsified, altered, defaced, | 15 | | destroyed, or tampered with. If the licensee
or his agent | 16 | | or employee determines that the vehicle identification | 17 | | number,
Secretary of State identification number, Illinois | 18 | | Department of State
Police identification number, | 19 | | identification plate or identification
sticker containing | 20 | | an identification number, or Federal Certificate label
of | 21 | | an essential part has been removed, falsified, altered, | 22 | | defaced,
destroyed or tampered with, the licensee or agent | 23 | | shall not accept or receive
that part.
| 24 | | If that part was physically acquired by or delivered | 25 | | to a licensee or
his agent or employee while that | 26 | | licensee, agent or employee was outside
this State, that |
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| 1 | | licensee or agent or employee shall not bring that
| 2 | | essential part into this State or cause it to be brought | 3 | | into this State.
| 4 | | (2) If the person disposing of or delivering the | 5 | | essential part to
the licensee is a licensed in-state or | 6 | | out-of-state dealer, the licensee or
his agent or | 7 | | employee, after inspecting the essential part as required | 8 | | by
paragraph (1) of this subsection (c), shall examine the | 9 | | Uniform Invoice, or
bill of sale, as the case may be, to | 10 | | ensure that it contains all the
information required to be | 11 | | provided by persons disposing
of essential parts as set | 12 | | forth in subsection (b) of this Section. If the
Uniform | 13 | | Invoice or bill of sale does not contain all the | 14 | | information
required to be listed by subsection (b) of | 15 | | this Section, the dealer
disposing of or delivering such | 16 | | part or his agent or employee shall record
such additional | 17 | | information or other needed modifications on the Uniform
| 18 | | Invoice or bill of sale or, if needed, an attachment | 19 | | thereto. The dealer
or his agent or employee delivering | 20 | | the essential part shall initial all
additions or | 21 | | modifications to the Uniform Invoice or bill of sale and
| 22 | | legibly print his name at the bottom of each document | 23 | | containing his
initials. If the transaction involves a | 24 | | bill of sale rather
than a Uniform Invoice, the licensee | 25 | | or his agent or employee accepting
delivery of or | 26 | | acquiring the essential part shall affix his printed name
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| 1 | | and legible signature on the space on the bill of sale | 2 | | provided for his
signature or, if no space is provided, on | 3 | | the back of the bill of sale.
If the dealer or his agent or
| 4 | | employee disposing of or delivering the essential part | 5 | | cannot or does
not provide all the information required by
| 6 | | subsection (b) of this Section, the licensee or his agent | 7 | | or employee shall
not accept or receive any essential part | 8 | | for which that required
information is not provided. If | 9 | | such essential part for which the
information required is | 10 | | not fully provided was physically acquired while
the | 11 | | licensee or his agent or employee was outside this State, | 12 | | the licensee
or his agent or employee shall not bring that | 13 | | essential part into this
State or cause it to be brought | 14 | | into this State.
| 15 | | (3) If the person disposing of the essential part is | 16 | | not a licensed
dealer, the licensee or his agent or | 17 | | employee shall, after inspecting the
essential part as | 18 | | required by paragraph (1) of subsection (c) of this
| 19 | | Section verify the identity of the person disposing of
the | 20 | | essential part
by examining 2 sources of identification, | 21 | | one of which shall be either a
driver's license or state | 22 | | identification card. The licensee or his agent
or employee | 23 | | shall then prepare a Uniform Invoice listing all the
| 24 | | information required to be provided by subsection (b) of | 25 | | this Section. In
the space on the Uniform Invoice provided | 26 | | for the dealer license number of
the person disposing of |
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| 1 | | the part, the licensee or his agent or employee
shall list | 2 | | the numbers taken from the documents of identification | 3 | | provided
by the person disposing of the part. The person
| 4 | | disposing of the part
shall affix his printed name and | 5 | | legible signature on the space on the
Uniform Invoice | 6 | | provided for the person disposing of the
essential part | 7 | | and
the licensee or his agent or employee acquiring the | 8 | | part shall affix his
printed name and legible signature on | 9 | | the space provided on the Uniform
Invoice for the person | 10 | | acquiring the essential part. If the person
disposing of | 11 | | the essential part cannot or does not provide all the
| 12 | | information required to be provided by this paragraph, or | 13 | | does not present
2 satisfactory forms of identification, | 14 | | the licensee or his agent or
employee shall not acquire | 15 | | that essential part.
| 16 | | (d) If an essential part other than quarter panels and
| 17 | | transmissions of vehicles of the first division was delivered | 18 | | by a licensed commercial
delivery service delivering such part | 19 | | on behalf of a licensed dealer, the
person required to comply | 20 | | with subsection (c) of this Section may conduct
the inspection | 21 | | of that part required by paragraph (1) of subsection (c) and | 22 | | examination
of the Uniform Invoice or bill of sale required by | 23 | | paragraph (2) of subsection (c) of
this Section immediately | 24 | | after the acceptance of the part.
| 25 | | (1) If the inspection of the essential part pursuant | 26 | | to paragraph (1) of subsection
(c) reveals that the |
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| 1 | | vehicle identification number, Secretary of State
| 2 | | identification number, Illinois Department of State Police | 3 | | identification
number, identification plate or sticker | 4 | | containing an identification
number, or Federal | 5 | | Certificate label of an essential part has been removed,
| 6 | | falsified, altered, defaced, destroyed or tampered with, | 7 | | the licensee or
his agent shall immediately record such | 8 | | fact on the Uniform Invoice or bill
of sale, assign the | 9 | | part an inventory or stock number, place such inventory
or | 10 | | stock number on both the essential part and the Uniform | 11 | | Invoice or bill
of sale, and record the date of the | 12 | | inspection of the part on the Uniform
Invoice or bill of | 13 | | sale.
The licensee shall, within 7 days of such | 14 | | inspection, return such part to
the dealer from whom it | 15 | | was acquired.
| 16 | | (2) If the examination of the Uniform Invoice or bill | 17 | | of sale pursuant
to paragraph (2) of subsection (c) | 18 | | reveals that any of the information required to be
listed | 19 | | by subsection (b) of this Section is missing, the licensee | 20 | | or person
required to be licensed shall immediately assign | 21 | | a stock or inventory
number to such part, place such stock | 22 | | or inventory number on both the
essential part and the | 23 | | Uniform Invoice or bill of sale, and record the date
of | 24 | | examination on the Uniform Invoice or bill of sale. The | 25 | | licensee or
person required to be licensed shall acquire | 26 | | the information missing from
the Uniform Invoice or bill |
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| 1 | | of sale within 7 days of the examination of
such Uniform | 2 | | Invoice or bill of sale. Such information may be received | 3 | | by
telephone conversation with the dealer from whom the | 4 | | part was acquired. If
the dealer provides the missing | 5 | | information the licensee shall record such
information on | 6 | | the Uniform Invoice or bill of sale along with the name of
| 7 | | the person providing the information. If the dealer does | 8 | | not provide the
required information within the | 9 | | aforementioned 7 day period, the licensee
shall return the | 10 | | part to that dealer.
| 11 | | (e) Except for scrap processors, all persons licensed or | 12 | | required to
be licensed who acquire or
dispose of essential | 13 | | parts other than quarter panels and transmissions of
vehicles | 14 | | of the first division shall retain a copy of the Uniform | 15 | | Invoice
required to be made by subsections (a), (b) and (c) of | 16 | | this Section for a
period of 3 years.
| 17 | | (f) Except for scrap processors, any person licensed or | 18 | | required to
be licensed under Sections 5-101,
5-102 or 5-301 | 19 | | who knowingly fails to record on a Uniform Invoice any of the
| 20 | | information or entries required to be recorded by subsections | 21 | | (a), (b) and
(c) of this Section, or who knowingly places false | 22 | | entries or other misleading
information on such Uniform | 23 | | Invoice, or who knowingly fails to retain for 3 years a
copy of | 24 | | a Uniform Invoice reflecting transactions required to be | 25 | | recorded
by subsections (a), (b) and (c) of this Section, or | 26 | | who knowingly acquires or
disposes of essential parts without |
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| 1 | | receiving, issuing, or executing a
Uniform Invoice reflecting | 2 | | that transaction as required by subsections (a),
(b) and (c) | 3 | | of this Section, or who brings or causes to be brought into
| 4 | | this State essential parts for which the information required | 5 | | to be
recorded on a Uniform Invoice is not recorded as | 6 | | prohibited by subsection
(c) of this Section, or who knowingly | 7 | | fails to comply with the provisions of
this
Section in any | 8 | | other manner shall be guilty of a Class 2 felony. Each
| 9 | | violation shall constitute a separate and distinct offense and | 10 | | a separate
count may be brought in the same indictment or | 11 | | information for each
essential part for which a record was not | 12 | | kept as required by this Section
or for which the person failed | 13 | | to comply with other provisions of this
Section.
| 14 | | (g) The records required to be kept by this Section
may be | 15 | | examined by a person or persons making a lawful
inspection of | 16 | | the licensee's premises pursuant to Section 5-403.
| 17 | | (h) The records required to be kept by this Section shall | 18 | | be retained by
the licensee at his principal place of business | 19 | | for a period of 3 7 years.
| 20 | | (i) The requirements of this Section shall not apply to | 21 | | the disposition
of an essential part other than a cowl which | 22 | | has been damaged or altered to
a state in which it can no | 23 | | longer be returned to a usable condition and
which is being | 24 | | sold or transferred to a scrap processor or for delivery to
a | 25 | | scrap processor.
| 26 | | (Source: P.A. 101-505, eff. 1-1-20 .)".
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