Public Act 097-0832
 
HB3340 EnrolledLRB097 10865 HEP 51374 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-105.3, 1-171.01a, 1-171.01c, 3-117.1, 3-901, 3-902,
3-903, 3-904, 3-906, 3-907, 3-913, and 5-301 as follows:
 
    (625 ILCS 5/1-105.3)
    Sec. 1-105.3. Automotive parts recycler. A person who is in
the business of acquiring previously owned vehicles and vehicle
parts for the primary purpose of disposing of parts of vehicles
in a manner other than that described in the definition of a
"scrap processor" in this Code or disposing of previously owned
vehicles in the manner described in the definition of a "scrap
processor" in this Code.
(Source: P.A. 90-89, eff. 1-1-98.)
 
    (625 ILCS 5/1-171.01a)
    Sec. 1-171.01a. Remittance agent. For the purposes of
Article IX of Chapter 3, the term "remittance agent" means any
person who holds himself or herself out to the public as being
engaged in or who engages in accepting money for remittance to
the State of Illinois or any of its instrumentalities or
political subdivisions, or to any of their officials, for the
payment of registration plates, vehicle certificates of title,
taxes, vehicle taxes or vehicle license or registration fees
regardless of when the money is accepted from the public or
remitted to the State, whether or not the person renders any
other service in connection with the making of any such
remittance or is engaged in any other endeavor. The term
"remittance agent" does not include any licensed dealer in
motor vehicles who accepts money for remittance to the State of
Illinois for the payment of registration plates, vehicle
certificates of title, taxes, vehicle taxes or vehicle licenses
or registration fees as an incident to his or her business as a
motor vehicle dealer.
(Source: P.A. 90-89, eff. 1-1-98.)
 
    (625 ILCS 5/1-171.01c)
    Sec. 1-171.01c. Remitter. Any person who gives money to a
remittance agent to submit to the State of Illinois and its
licensing and taxing agencies for the payment of registration
plates, vehicle certificates of title, taxes, or vehicle taxes
or vehicle license and registration fees.
(Source: P.A. 90-89, eff. 1-1-98.)
 
    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
    Sec. 3-117.1. When junking certificates or salvage
certificates must be obtained.
    (a) Except as provided in Chapter 4 of this Code, a person
who possesses a junk vehicle shall within 15 days cause the
certificate of title, salvage certificate, certificate of
purchase, or a similarly acceptable out of state document of
ownership to be surrendered to the Secretary of State along
with an application for a junking certificate, except as
provided in Section 3-117.2, whereupon the Secretary of State
shall issue to such a person a junking certificate, which shall
authorize the holder thereof to possess, transport, or, by an
endorsement, transfer ownership in such junked vehicle, and a
certificate of title shall not again be issued for such
vehicle.
    A licensee who possesses a junk vehicle and a Certificate
of Title, Salvage Certificate, Certificate of Purchase, or a
similarly acceptable out-of-state document of ownership for
such junk vehicle, may transport the junk vehicle to another
licensee prior to applying for or obtaining a junking
certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the
licensee transferee at the time of transfer. In any case, the
licensee transferor shall apply for a junking certificate in
conformance with Section 3-117.1 of this Chapter. The following
information shall be contained on a uniform invoice:
        (1) The business name, address and dealer license
    number of the person disposing of the vehicle, junk vehicle
    or vehicle cowl;
        (2) The name and address of the person acquiring the
    vehicle, junk vehicle or vehicle cowl, and if that person
    is a dealer, the Illinois or out-of-state dealer license
    number of that dealer;
        (3) The date of the disposition of the vehicle, junk
    vehicle or vehicle cowl;
        (4) The year, make, model, color and description of
    each vehicle, junk vehicle or vehicle cowl disposed of by
    such person;
        (5) The manufacturer's vehicle identification number,
    Secretary of State identification number or Illinois
    Department of State Police number, for each vehicle, junk
    vehicle or vehicle cowl part disposed of by such person;
        (6) The printed name and legible signature of the
    person or agent disposing of the vehicle, junk vehicle or
    vehicle cowl; and
        (7) The printed name and legible signature of the
    person accepting delivery of the vehicle, junk vehicle or
    vehicle cowl.
    The Secretary of State may certify a junking manifest in a
form prescribed by the Secretary of State that reflects those
vehicles for which junking certificates have been applied or
issued. A junking manifest may be issued to any person and it
shall constitute evidence of ownership for the vehicle listed
upon it. A junking manifest may be transferred only to a person
licensed under Section 5-301 of this Code as a scrap processor.
A junking manifest will allow the transportation of those
vehicles to a scrap processor prior to receiving the junk
certificate from the Secretary of State.
    (b) An application for a salvage certificate shall be
submitted to the Secretary of State in any of the following
situations:
        (1) When an insurance company makes a payment of
    damages on a total loss claim for a vehicle, the insurance
    company shall be deemed to be the owner of such vehicle and
    the vehicle shall be considered to be salvage except that
    ownership of (i) a vehicle that has incurred only hail
    damage that does not affect the operational safety of the
    vehicle or (ii) any vehicle 9 model years of age or older
    may, by agreement between the registered owner and the
    insurance company, be retained by the registered owner of
    such vehicle. The insurance company shall promptly deliver
    or mail within 20 days the certificate of title along with
    proper application and fee to the Secretary of State, and a
    salvage certificate shall be issued in the name of the
    insurance company. Notwithstanding the foregoing, an
    insurer making payment of damages on a total loss claim for
    the theft of a vehicle shall not be required to apply for a
    salvage certificate unless the vehicle is recovered and has
    incurred damage that initially would have caused the
    vehicle to be declared a total loss by the insurer.
        (1.1) When a vehicle of a self-insured company is to be
    sold in the State of Illinois and has sustained damaged by
    collision, fire, theft, rust corrosion, or other means so
    that the self-insured company determines the vehicle to be
    a total loss, or if the cost of repairing the damage,
    including labor, would be greater than 50% of its fair
    market value without that damage, the vehicle shall be
    considered salvage. The self-insured company shall
    promptly deliver the certificate of title along with proper
    application and fee to the Secretary of State, and a
    salvage certificate shall be issued in the name of the
    self-insured company. A self-insured company making
    payment of damages on a total loss claim for the theft of a
    vehicle may exchange the salvage certificate for a
    certificate of title if the vehicle is recovered without
    damage. In such a situation, the self-insured shall fill
    out and sign a form prescribed by the Secretary of State
    which contains an affirmation under penalty of perjury that
    the vehicle was recovered without damage and the Secretary
    of State may, by rule, require photographs to be submitted.
        (2) When a vehicle the ownership of which has been
    transferred to any person through a certificate of purchase
    from acquisition of the vehicle at an auction, other
    dispositions as set forth in Sections 4-208 and 4-209 of
    this Code, a lien arising under Section 18a-501 of this
    Code, or a public sale under the Abandoned Mobile Home Act
    shall be deemed salvage or junk at the option of the
    purchaser. The person acquiring such vehicle in such manner
    shall promptly deliver or mail, within 20 days after the
    acquisition of the vehicle, the certificate of purchase,
    the proper application and fee, and, if the vehicle is an
    abandoned mobile home under the Abandoned Mobile Home Act,
    a certification from a local law enforcement agency that
    the vehicle was purchased or acquired at a public sale
    under the Abandoned Mobile Home Act to the Secretary of
    State and a salvage certificate or junking certificate
    shall be issued in the name of that person. The salvage
    certificate or junking certificate issued by the Secretary
    of State under this Section shall be free of any lien that
    existed against the vehicle prior to the time the vehicle
    was acquired by the applicant under this Code.
        (3) A vehicle which has been repossessed by a
    lienholder shall be considered to be salvage only when the
    repossessed vehicle, on the date of repossession by the
    lienholder, has sustained damage by collision, fire,
    theft, rust corrosion, or other means so that the cost of
    repairing such damage, including labor, would be greater
    than 33 1/3% of its fair market value without such damage.
    If the lienholder determines that such vehicle is damaged
    in excess of 33 1/3% of such fair market value, the
    lienholder shall, before sale, transfer or assignment of
    the vehicle, make application for a salvage certificate,
    and shall submit with such application the proper fee and
    evidence of possession. If the facts required to be shown
    in subsection (f) of Section 3-114 are satisfied, the
    Secretary of State shall issue a salvage certificate in the
    name of the lienholder making the application. In any case
    wherein the vehicle repossessed is not damaged in excess of
    33 1/3% of its fair market value, the lienholder shall
    comply with the requirements of subsections (f), (f-5), and
    (f-10) of Section 3-114, except that the affidavit of
    repossession made by or on behalf of the lienholder shall
    also contain an affirmation under penalty of perjury that
    the vehicle on the date of sale is not damaged in excess of
    33 1/3% of its fair market value. If the facts required to
    be shown in subsection (f) of Section 3-114 are satisfied,
    the Secretary of State shall issue a certificate of title
    as set forth in Section 3-116 of this Code. The Secretary
    of State may by rule or regulation require photographs to
    be submitted.
        (4) A vehicle which is a part of a fleet of more than 5
    commercial vehicles registered in this State or any other
    state or registered proportionately among several states
    shall be considered to be salvage when such vehicle has
    sustained damage by collision, fire, theft, rust,
    corrosion or similar means so that the cost of repairing
    such damage, including labor, would be greater than 33 1/3%
    of the fair market value of the vehicle without such
    damage. If the owner of a fleet vehicle desires to sell,
    transfer, or assign his interest in such vehicle to a
    person within this State other than an insurance company
    licensed to do business within this State, and the owner
    determines that such vehicle, at the time of the proposed
    sale, transfer or assignment is damaged in excess of 33
    1/3% of its fair market value, the owner shall, before such
    sale, transfer or assignment, make application for a
    salvage certificate. The application shall contain with it
    evidence of possession of the vehicle. If the fleet vehicle
    at the time of its sale, transfer, or assignment is not
    damaged in excess of 33 1/3% of its fair market value, the
    owner shall so state in a written affirmation on a form
    prescribed by the Secretary of State by rule or regulation.
    The Secretary of State may by rule or regulation require
    photographs to be submitted. Upon sale, transfer or
    assignment of the fleet vehicle the owner shall mail the
    affirmation to the Secretary of State.
        (5) A vehicle that has been submerged in water to the
    point that rising water has reached over the door sill and
    has entered the passenger or trunk compartment is a "flood
    vehicle". A flood vehicle shall be considered to be salvage
    only if the vehicle has sustained damage so that the cost
    of repairing the damage, including labor, would be greater
    than 33 1/3% of the fair market value of the vehicle
    without that damage. The salvage certificate issued under
    this Section shall indicate the word "flood", and the word
    "flood" shall be conspicuously entered on subsequent
    titles for the vehicle. A person who possesses or acquires
    a flood vehicle that is not damaged in excess of 33 1/3% of
    its fair market value shall make application for title in
    accordance with Section 3-116 of this Code, designating the
    vehicle as "flood" in a manner prescribed by the Secretary
    of State. The certificate of title issued shall indicate
    the word "flood", and the word "flood" shall be
    conspicuously entered on subsequent titles for the
    vehicle.
        (6) When any licensed rebuilder, repairer, new or used
    vehicle dealer, or remittance agent has submitted an
    application for title to a vehicle (other than an
    application for title to a rebuilt vehicle) that he or she
    knows or reasonably should have known to have sustained
    damages in excess of 33 1/3% of the vehicle's fair market
    value without that damage; provided, however, that any
    application for a salvage certificate for a vehicle
    recovered from theft and acquired from an insurance company
    shall be made as required by paragraph (1) of this
    subsection (b).
    (c) Any person who without authority acquires, sells,
exchanges, gives away, transfers or destroys or offers to
acquire, sell, exchange, give away, transfer or destroy the
certificate of title to any vehicle which is a junk or salvage
vehicle shall be guilty of a Class 3 felony.
    (d) Any person who knowingly fails to surrender to the
Secretary of State a certificate of title, salvage certificate,
certificate of purchase or a similarly acceptable out-of-state
document of ownership as required under the provisions of this
Section is guilty of a Class A misdemeanor for a first offense
and a Class 4 felony for a subsequent offense; except that a
person licensed under this Code who violates paragraph (5) of
subsection (b) of this Section is guilty of a business offense
and shall be fined not less than $1,000 nor more than $5,000
for a first offense and is guilty of a Class 4 felony for a
second or subsequent violation.
    (e) Any vehicle which is salvage or junk may not be driven
or operated on roads and highways within this State. A
violation of this subsection is a Class A misdemeanor. A
salvage vehicle displaying valid special plates issued under
Section 3-601(b) of this Code, which is being driven to or from
an inspection conducted under Section 3-308 of this Code, is
exempt from the provisions of this subsection. A salvage
vehicle for which a short term permit has been issued under
Section 3-307 of this Code is exempt from the provisions of
this subsection for the duration of the permit.
(Source: P.A. 95-495, eff. 1-1-08; 95-783, eff. 1-1-09.)
 
    (625 ILCS 5/3-901)  (from Ch. 95 1/2, par. 3-901)
    Sec. 3-901. Purpose of Article.
    Many persons throughout the State hold themselves out to
the public as being engaged in, and have engaged in, accepting
money from members of the public for remittance to the State of
Illinois, and its licensing and taxing agencies in payment of
registration plates, vehicle certificates of title, taxes,
vehicle taxes or vehicle license or registration fees. Some of
these persons have failed to make such remittance with the
consequent loss to the remitters. It is the public policy of
this State that its people be protected against such hazards.
(Source: P.A. 76-1705.)
 
    (625 ILCS 5/3-902)  (from Ch. 95 1/2, par. 3-902)
    Sec. 3-902. Application of Article.
    This Article shall not apply to (1) any person who accepts
for remittance only such sums as he is authorized to collect by
the remittee as its agent, and (2) to any person who, in
connection with the issuance of a license to him to conduct a
business in this State other than a remitter's license, shall
have filed, pursuant to a statutory requirement, a surety bond
covering the proper discharge of any liability incurred by him
in connection with the acceptance for remittance of money for
the purposes designated in the Article pursuant to which he or
she is licensed; provided he does not accept any money for
remittance, as a remittance agent, the proper transmittal of
which is not covered by said bond.
(Source: P.A. 76-1705.)
 
    (625 ILCS 5/3-903)  (from Ch. 95 1/2, par. 3-903)
    Sec. 3-903. License.
    It shall be unlawful for any person, either as principal or
agent, to act as a "remittance agent" in the State of Illinois
without first having obtained or renewed, as the case may be, a
license and posted a bond, as hereafter provided.
(Source: P.A. 76-1705.)
 
    (625 ILCS 5/3-904)  (from Ch. 95 1/2, par. 3-904)
    Sec. 3-904. Application - Contents - Affidavits. Any person
who desires to act as a "remittance agent" shall first file
with the Secretary of State a written application for a
license. The application shall be under oath and shall contain
the following:
    1. The name and address of the applicant.
    2. The address of each location at which the applicant
intends to act as a remittance agent.
    3. The applicant's business, occupation or profession.
    4. A statement disclosing whether he has been involved in
any civil or criminal litigation and if so, the material facts
pertaining thereto.
    5. A statement that the applicant has not committed in the
past 3 years any violation as determined in any civil,
criminal, or administrative proceedings under the Retailers'
Occupation Tax Act or under Article I or VII of Chapter 3 of
this Code.
    6. Any other information concerning the business of the
applicant that the Secretary of State may prescribe.
    The application shall be accompanied by the affidavits of
two persons residing in the city or town of such applicant's
residence. Such affiants shall state that they have known the
applicant for a period of at least two years; that the
applicant is of good moral character and that his reputation
for honesty and business integrity in the community in which he
resides is good. If the applicant is not an individual, the
requirements of this paragraph shall apply to each of its
officers or members.
(Source: P.A. 83-387.)
 
    (625 ILCS 5/3-906)  (from Ch. 95 1/2, par. 3-906)
    Sec. 3-906. Denial.
    The Secretary of State shall deny any application under
this Article upon any of the following grounds:
    (1) That the application contains any false or fraudulent
statement; or
    (2) That the applicant has failed to furnish the
information required by the Secretary or to file a bond as
required; or
    (3) That the required fee has not been paid; or
    (4) That the applicant has failed to remit fees to the
Secretary of State or the Department of Revenue; or
    (5) That the applicant has engaged in fraudulent practices;
or
    (6) That the applicant or a member of his immediate family
is an employee of the Secretary of State; or
    (7) That the Secretary of State is authorized under any
other provision of law.
    If the Secretary of State denies the application for a
license, or renewal thereof, or revokes a license, he shall so
order in writing and notify the applicant thereof by certified
mail. Upon the denial of an application for a license, or
renewal thereof, he shall return the license fee. An applicant
may contest the denial of an application for a license or
renewal thereof by requesting an administrative hearing
pursuant to Section 2-118 of this Code No application shall be
denied unless the applicant has had an opportunity for a fair
hearing in connection therewith.
(Source: P.A. 77-84.)
 
    (625 ILCS 5/3-907)  (from Ch. 95 1/2, par. 3-907)
    Sec. 3-907. Suspension or revocation.
    Such license may be suspended or revoked by the Secretary
of State for the violation of any provision of this Act or any
rule or regulation of the Secretary of State and for any reason
which, had it existed or been known to the Secretary of State
at the time of the filing of the application for such license,
would have been good cause for the denial of such application.
The Secretary of State shall order such license suspended or
revoked in writing and shall notify the licensee of the order
by certified mail. A licensee may, upon receipt of an order of
suspension or revocation seek a hearing to review such order
pursuant to Section 2-118 of this Code.
(Source: P.A. 77-84.)
 
    (625 ILCS 5/3-913)  (from Ch. 95 1/2, par. 3-913)
    Sec. 3-913. Hearings Hearing - Subpoenas. Hearings under
this Article shall be governed by Section 2-118 of this Act and
the Administrative Review Law as amended, shall apply to and
govern all proceedings for judicial review of any final order
issued by the Secretary of State. For the purposes of this Act,
the Secretary of State, or the hearing officer as hereinafter
provided, has power to require by subpoena the attendance and
testimony of witnesses, and the production of all documentary
evidence relating to any matter under hearing pursuant to this
Act, and shall issue such subpoenas at the request of an
interested party. The hearing officer may sign subpoenas in the
name of the Secretary of State.
    The Secretary of State may, in his discretion, direct that
any hearing pursuant to this Act, shall be held before a
competent and qualified agent of the Secretary of State, whom
the Secretary of State shall designate as the hearing officer
in such matter. The Secretary of State and the hearing officer
are hereby empowered to, and shall, administer oaths and
affirmations to all witnesses appearing before them. The
hearing officer, upon the conclusion of the hearing before him,
shall certify the evidence to the Secretary of State, and may
make recommendations in connection therewith.
    Any Circuit Court of this State, within the jurisdiction of
which such hearing is carried on, may, in case of contumacy, or
refusal of a witness to obey a subpoena, issue an order
requiring such witness to appear before the Secretary of State,
or the hearing officer, or to produce documentary evidence, or
to give testimony touching the matter in question, and any
failure to obey such order of the court may be punished by such
court as a contempt thereof.
(Source: P.A. 82-783.)
 
    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
    Sec. 5-301. Automotive parts recyclers, scrap processors,
repairers and rebuilders must be licensed.
    (a) No person in this State shall, except as an incident to
the servicing of vehicles, carry on or conduct the business of
a automotive parts recyclers, a scrap processor, a repairer, or
a rebuilder, unless licensed to do so in writing by the
Secretary of State under this Section. No person shall rebuild
a salvage vehicle unless such person is licensed as a rebuilder
by the Secretary of State under this Section. No person shall
engage in the business of acquiring 5 or more previously owned
vehicles in one calendar year for the primary purpose of
disposing of those vehicles in the manner described in the
definition of a "scrap processor" in this Code unless the
person is licensed as an automotive parts recycler by the
Secretary of State under this Section. Each license shall be
applied for and issued separately, except that a license issued
to a new vehicle dealer under Section 5-101 of this Code shall
also be deemed to be a repairer license.
    (b) Any application filed with the Secretary of State,
shall be duly verified by oath, in such form as the Secretary
of State may by rule or regulation prescribe and shall contain:
        1. The name and type of business organization of the
    applicant and his principal or additional places of
    business, if any, in this State.
        2. The kind or kinds of business enumerated in
    subsection (a) of this Section to be conducted at each
    location.
        3. If the applicant is a corporation, a list of its
    officers, directors, and shareholders having a ten percent
    or greater ownership interest in the corporation, setting
    forth the residence address of each; if the applicant is a
    sole proprietorship, a partnership, an unincorporated
    association, a trust, or any similar form of business
    organization, the names and residence address of the
    proprietor or of each partner, member, officer, director,
    trustee or manager.
        4. A statement that the applicant's officers,
    directors, shareholders having a ten percent or greater
    ownership interest therein, proprietor, partner, member,
    officer, director, trustee, manager, or other principals
    in the business have not committed in the past three years
    any one violation as determined in any civil or criminal or
    administrative proceedings of any one of the following
    Acts:
            (a) The Anti Theft Laws of the Illinois Vehicle
        Code;
            (b) The "Certificate of Title Laws" of the Illinois
        Vehicle Code;
            (c) The "Offenses against Registration and
        Certificates of Title Laws" of the Illinois Vehicle
        Code;
            (d) The "Dealers, Transporters, Wreckers and
        Rebuilders Laws" of the Illinois Vehicle Code;
            (e) Section 21-2 of the Criminal Code of 1961,
        Criminal Trespass to Vehicles; or
            (f) The Retailers Occupation Tax Act.
        5. A statement that the applicant's officers,
    directors, shareholders having a ten percent or greater
    ownership interest therein, proprietor, partner, member,
    officer, director, trustee, manager or other principals in
    the business have not committed in any calendar year 3 or
    more violations, as determined in any civil or criminal or
    administrative proceedings, of any one or more of the
    following Acts:
            (a) The Consumer Finance Act;
            (b) The Consumer Installment Loan Act;
            (c) The Retail Installment Sales Act;
            (d) The Motor Vehicle Retail Installment Sales
        Act;
            (e) The Interest Act;
            (f) The Illinois Wage Assignment Act;
            (g) Part 8 of Article XII of the Code of Civil
        Procedure; or
            (h) The Consumer Fraud Act.
        6. An application for a license shall be accompanied by
    the following fees: $50 for applicant's established place
    of business; $25 for each additional place of business, if
    any, to which the application pertains; provided, however,
    that if such an application is made after June 15 of any
    year, the license fee shall be $25 for applicant's
    established place of business plus $12.50 for each
    additional place of business, if any, to which the
    application pertains. License fees shall be returnable
    only in the event that such application shall be denied by
    the Secretary of State.
        7. A statement that the applicant understands Chapter 1
    through Chapter 5 of this Code.
        8. A statement that the applicant shall comply with
    subsection (e) of this Section.
    (c) Any change which renders no longer accurate any
information contained in any application for a license filed
with the Secretary of State shall be amended within 30 days
after the occurrence of such change on such form as the
Secretary of State may prescribe by rule or regulation,
accompanied by an amendatory fee of $2.
    (d) Anything in this chapter to the contrary,
notwithstanding, no person shall be licensed under this Section
unless such person shall maintain an established place of
business as defined in this Chapter.
    (e) The Secretary of State shall within a reasonable time
after receipt thereof, examine an application submitted to him
under this Section and unless he makes a determination that the
application submitted to him does not conform with the
requirements of this Section or that grounds exist for a denial
of the application, as prescribed in Section 5-501 of this
Chapter, grant the applicant an original license as applied for
in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation
which shall include the following:
        1. The name of the person licensed;
        2. If a corporation, the name and address of its
    officers or if a sole proprietorship, a partnership, an
    unincorporated association or any similar form of business
    organization, the name and address of the proprietor or of
    each partner, member, officer, director, trustee or
    manager;
        3. A designation of the kind or kinds of business
    enumerated in subsection (a) of this Section to be
    conducted at each location;
        4. In the case of an original license, the established
    place of business of the licensee;
        5. In the case of a supplemental license, the
    established place of business of the licensee and the
    additional place of business to which such supplemental
    license pertains.
    (f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept, posted, conspicuously in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee. The licensee
also shall post conspicuously in the established place of
business and in each additional place of business a notice
which states that such business is required to be licensed by
the Secretary of State under Section 5-301, and which provides
the license number of the business and the license expiration
date. This notice also shall advise the consumer that any
complaints as to the quality of service may be brought to the
attention of the Attorney General. The information required on
this notice also shall be printed conspicuously on all
estimates and receipts for work by the licensee subject to this
Section. The Secretary of State shall prescribe the specific
format of this notice.
    (g) Except as provided in subsection (h) hereof, licenses
granted under this Section shall expire by operation of law on
December 31 of the calendar year for which they are granted
unless sooner revoked or cancelled under the provisions of
Section 5-501 of this Chapter.
    (h) Any license granted under this Section may be renewed
upon application and payment of the fee required herein as in
the case of an original license, provided, however, that in
case an application for the renewal of an effective license is
made during the month of December, such effective license shall
remain in force until such application is granted or denied by
the Secretary of State.
    (i) All automotive repairers and rebuilders shall, in
addition to the requirements of subsections (a) through (h) of
this Section, meet the following licensing requirements:
        1. Provide proof that the property on which first time
    applicants plan to do business is in compliance with local
    zoning laws and regulations, and a listing of zoning
    classification;
        2. Provide proof that the applicant for a repairer's
    license complies with the proper workers' compensation
    rate code or classification, and listing the code of
    classification for that industry;
        3. Provide proof that the applicant for a rebuilder's
    license complies with the proper workers' compensation
    rate code or classification for the repair industry or the
    auto parts recycling industry and listing the code of
    classification;
        4. Provide proof that the applicant has obtained or
    applied for a hazardous waste generator number, and listing
    the actual number if available or certificate of exemption;
        5. Provide proof that applicant has proper liability
    insurance, and listing the name of the insurer and the
    policy number; and
        6. Provide proof that the applicant has obtained or
    applied for the proper State sales tax classification and
    federal identification tax number, and listing the actual
    numbers if available.
    (i-1) All automotive repairers shall provide proof that
they comply with all requirements of the Automotive Collision
Repair Act.
    (j) All automotive parts recyclers shall, in addition to
the requirements of subsections (a) through (h) of this
Section, meet the following licensing requirements:
        1. A statement that the applicant purchases 5 vehicles
    per year or has 5 hulks or chassis in stock;
        2. Provide proof that the property on which all first
    time applicants will do business does comply to the proper
    local zoning laws in existence, and a listing of zoning
    classifications;
        3. Provide proof that applicant complies with the
    proper workers' compensation rate code or classification,
    and listing the code of classification; and
        4. Provide proof that applicant has obtained or applied
    for the proper State sales tax classification and federal
    identification tax number, and listing the actual numbers
    if available.
(Source: P.A. 94-784, eff. 1-1-07.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/20/2012