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90_HB2823ham002
LRB9009701KSgcam01
1 AMENDMENT TO HOUSE BILL 2823
2 AMENDMENT NO. . Amend House Bill 2823, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT in relation to consumer protection."; and
5 by inserting below the enacting clause the following:
6 "Section 5. The Illinois Vehicle Code is amended by
7 changing Section 5-301 as follows:
8 (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
9 Sec. 5-301. Automotive parts recyclers, scrap
10 processors, repairers and rebuilders must be licensed.
11 (a) No person in this State shall, except as an incident
12 to the servicing of vehicles, carry on or conduct the
13 business of a automotive parts recyclers, a scrap processor,
14 a repairer, or a rebuilder, unless licensed to do so in
15 writing by the Secretary of State under this Section. No
16 person shall rebuild a salvage vehicle unless such person is
17 licensed as a rebuilder by the Secretary of State under this
18 Section. Each license shall be applied for and issued
19 separately, except that a license issued to a new vehicle
20 dealer under Section 5-101 of this Code shall also be deemed
21 to be a repairer license.
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1 (b) Any application filed with the Secretary of State,
2 shall be duly verified by oath, in such form as the Secretary
3 of State may by rule or regulation prescribe and shall
4 contain:
5 1. The name and type of business organization of
6 the applicant and his principal or additional places of
7 business, if any, in this State.
8 2. The kind or kinds of business enumerated in
9 subsection (a) of this Section to be conducted at each
10 location.
11 3. If the applicant is a corporation, a list of its
12 officers, directors, and shareholders having a ten
13 percent or greater ownership interest in the corporation,
14 setting forth the residence address of each; if the
15 applicant is a sole proprietorship, a partnership, an
16 unincorporated association, a trust, or any similar form
17 of business organization, the names and residence address
18 of the proprietor or of each partner, member, officer,
19 director, trustee or manager.
20 4. A statement that the applicant's officers,
21 directors, shareholders having a ten percent or greater
22 ownership interest therein, proprietor, partner, member,
23 officer, director, trustee, manager, or other principals
24 in the business have not committed in the past three
25 years any one violation as determined in any civil or
26 criminal or administrative proceedings of any one of the
27 following Acts:
28 (a) The Anti Theft Laws of the Illinois
29 Vehicle Code;
30 (b) The "Certificate of Title Laws" of the
31 Illinois Vehicle Code;
32 (c) The "Offenses against Registration and
33 Certificates of Title Laws" of the Illinois Vehicle
34 Code;
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1 (d) The "Dealers, Transporters, Wreckers and
2 Rebuilders Laws" of the Illinois Vehicle Code;
3 (e) Section 21-2 of the Criminal Code of 1961,
4 Criminal Trespass to Vehicles; or
5 (f) The Retailers Occupation Tax Act.
6 5. A statement that the applicant's officers,
7 directors, shareholders having a ten percent or greater
8 ownership interest therein, proprietor, partner, member,
9 officer, director, trustee, manager or other principals
10 in the business have not committed in any calendar year 3
11 or more violations, as determined in any civil or
12 criminal or administrative proceedings, of any one or
13 more of the following Acts:
14 (a) The Consumer Finance Act;
15 (b) The Consumer Installment Loan Act;
16 (c) The Retail Installment Sales Act;
17 (d) The Motor Vehicle Retail Installment Sales
18 Act;
19 (e) The Interest Act;
20 (f) The Illinois Wage Assignment Act;
21 (g) Part 8 of Article XII of the Code of Civil
22 Procedure; or
23 (h) The Consumer Fraud Act.
24 6. An application for a license shall be
25 accompanied by the following fees: $50 for applicant's
26 established place of business; $25 for each additional
27 place of business, if any, to which the application
28 pertains; provided, however, that if such an application
29 is made after June 15 of any year, the license fee shall
30 be $25 for applicant's established place of business plus
31 $12.50 for each additional place of business, if any, to
32 which the application pertains. License fees shall be
33 returnable only in the event that such application shall
34 be denied by the Secretary of State.
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1 7. A statement that the applicant understands
2 Chapter 1 through Chapter 5 of this Code.
3 8. A statement that the applicant shall comply with
4 subsection (e) of this Section.
5 (c) Any change which renders no longer accurate any
6 information contained in any application for a license filed
7 with the Secretary of State shall be amended within 30 days
8 after the occurrence of such change on such form as the
9 Secretary of State may prescribe by rule or regulation,
10 accompanied by an amendatory fee of $2.
11 (d) Anything in this chapter to the contrary,
12 notwithstanding, no person shall be licensed under this
13 Section unless such person shall maintain an established
14 place of business as defined in this Chapter.
15 (e) The Secretary of State shall within a reasonable
16 time after receipt thereof, examine an application submitted
17 to him under this Section and unless he makes a
18 determination that the application submitted to him does not
19 conform with the requirements of this Section or that grounds
20 exist for a denial of the application, as prescribed in
21 Section 5-501 of this Chapter, grant the applicant an
22 original license as applied for in writing for his
23 established place of business and a supplemental license in
24 writing for each additional place of business in such form as
25 he may prescribe by rule or regulation which shall include
26 the following:
27 1. The name of the person licensed;
28 2. If a corporation, the name and address of its
29 officers or if a sole proprietorship, a partnership, an
30 unincorporated association or any similar form of
31 business organization, the name and address of the
32 proprietor or of each partner, member, officer, director,
33 trustee or manager;
34 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
4 established 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
10 a 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 the Secretary of State under Section 5-301, and which
18 provides the license number of the business and the license
19 expiration date. This notice also shall advise the consumer
20 that any complaints as to the quality of service may be
21 brought to the attention of the Attorney General. The
22 information required on this notice also shall be printed
23 conspicuously on all estimates and receipts for work by the
24 licensee subject to this Section. The Secretary of State
25 shall prescribe the specific format of this notice. The
26 requirements of this subsection (f) shall not apply to new
27 vehicle dealers licensed pursuant to Section 5-101 of this
28 Act.
29 (g) Except as provided in subsection (h) hereof,
30 licenses granted under this Section shall expire by operation
31 of law on December 31 of the calendar year for which they are
32 granted unless sooner revoked or cancelled under the
33 provisions of Section 5-501 of this Chapter.
34 (h) Any license granted under this Section may be
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1 renewed upon application and payment of the fee required
2 herein as in the case of an original license, provided,
3 however, that in case an application for the renewal of an
4 effective license is made during the month of December, such
5 effective license shall remain in force until such
6 application is granted or denied by the Secretary of State.
7 (i) All automotive repairers and rebuilders shall, in
8 addition to the requirements of subsections (a) through (h)
9 of this Section, meet the following licensing requirements:
10 1. Provide proof that the property on which first
11 time applicants plan to do business is in compliance with
12 local zoning laws and regulations, and a listing of
13 zoning classification;
14 2. Provide proof that the applicant for a
15 repairer's license complies with the proper workers'
16 compensation rate code or classification, and listing the
17 code of classification for that industry;
18 3. Provide proof that the applicant for a
19 rebuilder's license complies with the proper workers'
20 compensation rate code or classification for the repair
21 industry or the auto parts recycling industry and listing
22 the code of classification;
23 4. Provide proof that the applicant has obtained or
24 applied for a hazardous waste generator number, and
25 listing the actual number if available or certificate of
26 exemption;
27 5. Provide proof that applicant has proper
28 liability insurance, and listing the name of the insurer
29 and the policy number; and
30 6. Provide proof that the applicant has obtained or
31 applied for the proper State sales tax classification and
32 federal identification tax number, and listing the actual
33 numbers if available.
34 (j) All automotive parts recyclers shall, in addition to
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1 the requirements of subsections (a) through (h) of this
2 Section, meet the following licensing requirements:
3 1. A statement that the applicant purchases 5
4 vehicles per year or has 5 hulks or chassis in stock;
5 2. Provide proof that the property on which all
6 first time applicants will do business does comply to the
7 proper local zoning laws in existence, and a listing of
8 zoning classifications;
9 3. Provide proof that applicant complies with the
10 proper workers' compensation rate code or classification,
11 and listing the code of classification; and
12 4. Provide proof that applicant has obtained or
13 applied for the proper State sales tax classification and
14 federal identification tax number, and listing the actual
15 numbers if available.
16 (Source: P.A. 89-189, eff. 1-1-96.)
17 Section 10. The Automotive Repair Act is amended by
18 changing Sections 10 and 35 as follows:
19 (815 ILCS 306/10)
20 Sec. 10. Definitions. In this Act:
21 "Automotive repair" includes, but is not limited to:
22 (1) All repairs to motor vehicles that are commonly
23 performed in a motor vehicle repair facility by a motor
24 vehicle technician, including the diagnosis,
25 installation, exchange, or repair of mechanical or
26 electrical parts or units for any vehicle, the
27 performance of any electrical or mechanical adjustment to
28 any vehicle, or the performance of any service work
29 required for routine maintenance or repair of any
30 vehicle. The term does not include commercial fleet
31 repair or maintenance transactions involving 2 or more
32 vehicles or ongoing service or maintenance contracts
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1 involving vehicles used primarily for business purposes.
2 (2) All repair work in motor vehicle repair
3 facilities that perform one or more specialties within
4 the automotive repair service industry, including, but
5 not limited to, refinishing, brake, electrical, exhaust
6 repair or installation, front-end, radiators, tires,
7 transmission, tune-up, and windshield. However,
8 transactions involving the retail purchase of merchandise
9 when a facility installs the merchandise as part of the
10 transaction at the discretion of the customer for a firm
11 price are not included. These transactions shall include
12 but not be limited to tires, batteries, oil, and lube
13 jobs.
14 "Automotive repair facility" or "motor vehicle repair
15 facility" means any person, firm, association, or corporation
16 that for compensation engages in the business of automotive
17 repair or diagnosis, or both, of malfunctions of motor
18 vehicles.
19 A "used" part consists of a used assembly removed from a
20 vehicle and installed on a vehicle undergoing repair without
21 the benefit of being rebuilt or remanufactured.
22 "Motor vehicle" means a motor vehicle as defined in the
23 Illinois Vehicle Code except that "motor vehicle" does not
24 include (i) snowmobiles as defined in the Snowmobile
25 Registration and Safety Act, (ii) all-terrain vehicles, farm
26 tractors, implements of husbandry, and special mobile
27 equipment as defined in the Illinois Vehicle Code, and (iii)
28 motor vehicles of the second division as defined in the
29 Illinois Vehicle Code that weigh more than 8000 pounds.
30 (Source: P.A. 90-426, eff. 1-1-98.)
31 (815 ILCS 306/35)
32 Sec. 35. Inability to deliver motor vehicle to facility
33 during business hours; motor vehicle drop-offs. When the
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1 consumer is unable to deliver the motor vehicle to the motor
2 vehicle repair facility during business hours and the
3 consumer has requested the motor vehicle repair facility to
4 take possession of the motor vehicle for the purpose of
5 repairing or estimating the cost of repairing the motor
6 vehicle, or is able to deliver the motor vehicle during
7 business hours but is unable to remain at the motor vehicle
8 repair facility to receive a diagnosis and estimate of
9 repairs, the motor vehicle repair facility may not undertake
10 the diagnosing or repairing of any malfunction of the motor
11 vehicle for compensation exceeding $100 unless either (i) the
12 consumer has signed a waiver as set forth in Section 20 or
13 (ii) the motor vehicle repair facility has complied with all
14 of the following conditions:
15 (1) The motor vehicle repair facility has prepared
16 a written estimate or a firm price quotation of the price
17 for labor and parts necessary to repair the motor
18 vehicle.
19 (2) By telephone or otherwise, the consumer has
20 been given all of the material information on the written
21 estimate or firm price quotation, and the consumer has
22 approved the written estimate or firm price quotation.
23 (3) The consumer has given his or her oral or
24 written authorization to the motor vehicle repair
25 facility to make the repairs pursuant to the written
26 estimate or firm price quotation.
27 If the consumer's authorization is oral, the motor
28 vehicle repair facility shall make, on both the written
29 estimate or firm price quotation and the invoice, a notation
30 of the name of the person authorizing the repairs, the date,
31 the time, and the telephone number called, if any. Any
32 charge for parts or labor in excess of the original estimate
33 must be separately authorized by the consumer as provided in
34 subsection (b) of Section 15 and in Section 25.
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1 (Source: P.A. 90-426, eff. 1-1-98.)"; and
2 by renumbering all subsequent Sections in multiples of 5
3 beginning with the number "15".