HB3340 EngrossedLRB097 10865 HEP 51374 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 1-105.3, 1-171.01a, 1-171.01c, 3-117.1, 3-901, 3-902,
63-903, 3-904, 3-906, 3-907, 3-913, and 5-301 as follows:
 
7    (625 ILCS 5/1-105.3)
8    Sec. 1-105.3. Automotive parts recycler. A person who is in
9the business of acquiring previously owned vehicles and vehicle
10parts for the primary purpose of disposing of parts of vehicles
11in a manner other than that described in the definition of a
12"scrap processor" in this Code or disposing of previously owned
13vehicles in the manner described in the definition of a "scrap
14processor" in this Code.
15(Source: P.A. 90-89, eff. 1-1-98.)
 
16    (625 ILCS 5/1-171.01a)
17    Sec. 1-171.01a. Remittance agent. For the purposes of
18Article IX of Chapter 3, the term "remittance agent" means any
19person who holds himself or herself out to the public as being
20engaged in or who engages in accepting money for remittance to
21the State of Illinois or any of its instrumentalities or
22political subdivisions, or to any of their officials, for the

 

 

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1payment of registration plates, vehicle certificates of title,
2taxes, vehicle taxes or vehicle license or registration fees
3regardless of when the money is accepted from the public or
4remitted to the State, whether or not the person renders any
5other service in connection with the making of any such
6remittance or is engaged in any other endeavor. The term
7"remittance agent" does not include any licensed dealer in
8motor vehicles who accepts money for remittance to the State of
9Illinois for the payment of registration plates, vehicle
10certificates of title, taxes, vehicle taxes or vehicle licenses
11or registration fees as an incident to his or her business as a
12motor vehicle dealer.
13(Source: P.A. 90-89, eff. 1-1-98.)
 
14    (625 ILCS 5/1-171.01c)
15    Sec. 1-171.01c. Remitter. Any person who gives money to a
16remittance agent to submit to the State of Illinois and its
17licensing and taxing agencies for the payment of registration
18plates, vehicle certificates of title, taxes, or vehicle taxes
19or vehicle license and registration fees.
20(Source: P.A. 90-89, eff. 1-1-98.)
 
21    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
22    Sec. 3-117.1. When junking certificates or salvage
23certificates must be obtained.
24    (a) Except as provided in Chapter 4 of this Code, a person

 

 

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1who possesses a junk vehicle shall within 15 days cause the
2certificate of title, salvage certificate, certificate of
3purchase, or a similarly acceptable out of state document of
4ownership to be surrendered to the Secretary of State along
5with an application for a junking certificate, except as
6provided in Section 3-117.2, whereupon the Secretary of State
7shall issue to such a person a junking certificate, which shall
8authorize the holder thereof to possess, transport, or, by an
9endorsement, transfer ownership in such junked vehicle, and a
10certificate of title shall not again be issued for such
11vehicle.
12    A licensee who possesses a junk vehicle and a Certificate
13of Title, Salvage Certificate, Certificate of Purchase, or a
14similarly acceptable out-of-state document of ownership for
15such junk vehicle, may transport the junk vehicle to another
16licensee prior to applying for or obtaining a junking
17certificate, by executing a uniform invoice. The licensee
18transferor shall furnish a copy of the uniform invoice to the
19licensee transferee at the time of transfer. In any case, the
20licensee transferor shall apply for a junking certificate in
21conformance with Section 3-117.1 of this Chapter. The following
22information shall be contained on a uniform invoice:
23        (1) The business name, address and dealer license
24    number of the person disposing of the vehicle, junk vehicle
25    or vehicle cowl;
26        (2) The name and address of the person acquiring the

 

 

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1    vehicle, junk vehicle or vehicle cowl, and if that person
2    is a dealer, the Illinois or out-of-state dealer license
3    number of that dealer;
4        (3) The date of the disposition of the vehicle, junk
5    vehicle or vehicle cowl;
6        (4) The year, make, model, color and description of
7    each vehicle, junk vehicle or vehicle cowl disposed of by
8    such person;
9        (5) The manufacturer's vehicle identification number,
10    Secretary of State identification number or Illinois
11    Department of State Police number, for each vehicle, junk
12    vehicle or vehicle cowl part disposed of by such person;
13        (6) The printed name and legible signature of the
14    person or agent disposing of the vehicle, junk vehicle or
15    vehicle cowl; and
16        (7) The printed name and legible signature of the
17    person accepting delivery of the vehicle, junk vehicle or
18    vehicle cowl.
19    The Secretary of State may certify a junking manifest in a
20form prescribed by the Secretary of State that reflects those
21vehicles for which junking certificates have been applied or
22issued. A junking manifest may be issued to any person and it
23shall constitute evidence of ownership for the vehicle listed
24upon it. A junking manifest may be transferred only to a person
25licensed under Section 5-301 of this Code as a scrap processor.
26A junking manifest will allow the transportation of those

 

 

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1vehicles to a scrap processor prior to receiving the junk
2certificate from the Secretary of State.
3    (b) An application for a salvage certificate shall be
4submitted to the Secretary of State in any of the following
5situations:
6        (1) When an insurance company makes a payment of
7    damages on a total loss claim for a vehicle, the insurance
8    company shall be deemed to be the owner of such vehicle and
9    the vehicle shall be considered to be salvage except that
10    ownership of (i) a vehicle that has incurred only hail
11    damage that does not affect the operational safety of the
12    vehicle or (ii) any vehicle 9 model years of age or older
13    may, by agreement between the registered owner and the
14    insurance company, be retained by the registered owner of
15    such vehicle. The insurance company shall promptly deliver
16    or mail within 20 days the certificate of title along with
17    proper application and fee to the Secretary of State, and a
18    salvage certificate shall be issued in the name of the
19    insurance company. Notwithstanding the foregoing, an
20    insurer making payment of damages on a total loss claim for
21    the theft of a vehicle shall not be required to apply for a
22    salvage certificate unless the vehicle is recovered and has
23    incurred damage that initially would have caused the
24    vehicle to be declared a total loss by the insurer.
25        (1.1) When a vehicle of a self-insured company is to be
26    sold in the State of Illinois and has sustained damaged by

 

 

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1    collision, fire, theft, rust corrosion, or other means so
2    that the self-insured company determines the vehicle to be
3    a total loss, or if the cost of repairing the damage,
4    including labor, would be greater than 33 1/3% 50% of its
5    fair market value without that damage, the vehicle shall be
6    considered salvage. The self-insured company shall
7    promptly deliver the certificate of title along with proper
8    application and fee to the Secretary of State, and a
9    salvage certificate shall be issued in the name of the
10    self-insured company. A self-insured company making
11    payment of damages on a total loss claim for the theft of a
12    vehicle may exchange the salvage certificate for a
13    certificate of title if the vehicle is recovered without
14    damage. In such a situation, the self-insured shall fill
15    out and sign a form prescribed by the Secretary of State
16    which contains an affirmation under penalty of perjury that
17    the vehicle was recovered without damage and the Secretary
18    of State may, by rule, require photographs to be submitted.
19        (2) When a vehicle the ownership of which has been
20    transferred to any person through a certificate of purchase
21    from acquisition of the vehicle at an auction, other
22    dispositions as set forth in Sections 4-208 and 4-209 of
23    this Code, a lien arising under Section 18a-501 of this
24    Code, or a public sale under the Abandoned Mobile Home Act
25    shall be deemed salvage or junk at the option of the
26    purchaser. The person acquiring such vehicle in such manner

 

 

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1    shall promptly deliver or mail, within 20 days after the
2    acquisition of the vehicle, the certificate of purchase,
3    the proper application and fee, and, if the vehicle is an
4    abandoned mobile home under the Abandoned Mobile Home Act,
5    a certification from a local law enforcement agency that
6    the vehicle was purchased or acquired at a public sale
7    under the Abandoned Mobile Home Act to the Secretary of
8    State and a salvage certificate or junking certificate
9    shall be issued in the name of that person. The salvage
10    certificate or junking certificate issued by the Secretary
11    of State under this Section shall be free of any lien that
12    existed against the vehicle prior to the time the vehicle
13    was acquired by the applicant under this Code.
14        (3) A vehicle which has been repossessed by a
15    lienholder shall be considered to be salvage only when the
16    repossessed vehicle, on the date of repossession by the
17    lienholder, has sustained damage by collision, fire,
18    theft, rust corrosion, or other means so that the cost of
19    repairing such damage, including labor, would be greater
20    than 33 1/3% of its fair market value without such damage.
21    If the lienholder determines that such vehicle is damaged
22    in excess of 33 1/3% of such fair market value, the
23    lienholder shall, before sale, transfer or assignment of
24    the vehicle, make application for a salvage certificate,
25    and shall submit with such application the proper fee and
26    evidence of possession. If the facts required to be shown

 

 

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1    in subsection (f) of Section 3-114 are satisfied, the
2    Secretary of State shall issue a salvage certificate in the
3    name of the lienholder making the application. In any case
4    wherein the vehicle repossessed is not damaged in excess of
5    33 1/3% of its fair market value, the lienholder shall
6    comply with the requirements of subsections (f), (f-5), and
7    (f-10) of Section 3-114, except that the affidavit of
8    repossession made by or on behalf of the lienholder shall
9    also contain an affirmation under penalty of perjury that
10    the vehicle on the date of sale is not damaged in excess of
11    33 1/3% of its fair market value. If the facts required to
12    be shown in subsection (f) of Section 3-114 are satisfied,
13    the Secretary of State shall issue a certificate of title
14    as set forth in Section 3-116 of this Code. The Secretary
15    of State may by rule or regulation require photographs to
16    be submitted.
17        (4) A vehicle which is a part of a fleet of more than 5
18    commercial vehicles registered in this State or any other
19    state or registered proportionately among several states
20    shall be considered to be salvage when such vehicle has
21    sustained damage by collision, fire, theft, rust,
22    corrosion or similar means so that the cost of repairing
23    such damage, including labor, would be greater than 33 1/3%
24    of the fair market value of the vehicle without such
25    damage. If the owner of a fleet vehicle desires to sell,
26    transfer, or assign his interest in such vehicle to a

 

 

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1    person within this State other than an insurance company
2    licensed to do business within this State, and the owner
3    determines that such vehicle, at the time of the proposed
4    sale, transfer or assignment is damaged in excess of 33
5    1/3% of its fair market value, the owner shall, before such
6    sale, transfer or assignment, make application for a
7    salvage certificate. The application shall contain with it
8    evidence of possession of the vehicle. If the fleet vehicle
9    at the time of its sale, transfer, or assignment is not
10    damaged in excess of 33 1/3% of its fair market value, the
11    owner shall so state in a written affirmation on a form
12    prescribed by the Secretary of State by rule or regulation.
13    The Secretary of State may by rule or regulation require
14    photographs to be submitted. Upon sale, transfer or
15    assignment of the fleet vehicle the owner shall mail the
16    affirmation to the Secretary of State.
17        (5) A vehicle that has been submerged in water to the
18    point that rising water has reached over the door sill and
19    has entered the passenger or trunk compartment is a "flood
20    vehicle". A flood vehicle shall be considered to be salvage
21    only if the vehicle has sustained damage so that the cost
22    of repairing the damage, including labor, would be greater
23    than 33 1/3% of the fair market value of the vehicle
24    without that damage. The salvage certificate issued under
25    this Section shall indicate the word "flood", and the word
26    "flood" shall be conspicuously entered on subsequent

 

 

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1    titles for the vehicle. A person who possesses or acquires
2    a flood vehicle that is not damaged in excess of 33 1/3% of
3    its fair market value shall make application for title in
4    accordance with Section 3-116 of this Code, designating the
5    vehicle as "flood" in a manner prescribed by the Secretary
6    of State. The certificate of title issued shall indicate
7    the word "flood", and the word "flood" shall be
8    conspicuously entered on subsequent titles for the
9    vehicle.
10        (6) When any licensed rebuilder, repairer, new or used
11    vehicle dealer, or remittance agent has submitted an
12    application for title to a vehicle that he or she knows or
13    reasonably should have known to have sustained damages in
14    excess of 33 1/3% of the vehicle's fair market value
15    without that damage; provided, however, that any
16    application for a salvage certificate for a vehicle
17    recovered from theft and acquired from an insurance company
18    shall be made as required by paragraph (1) of this
19    subsection (b).
20    (c) Any person who without authority acquires, sells,
21exchanges, gives away, transfers or destroys or offers to
22acquire, sell, exchange, give away, transfer or destroy the
23certificate of title to any vehicle which is a junk or salvage
24vehicle shall be guilty of a Class 3 felony.
25    (d) Any person who knowingly fails to surrender to the
26Secretary of State a certificate of title, salvage certificate,

 

 

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1certificate of purchase or a similarly acceptable out-of-state
2document of ownership as required under the provisions of this
3Section is guilty of a Class A misdemeanor for a first offense
4and a Class 4 felony for a subsequent offense; except that a
5person licensed under this Code who violates paragraph (5) of
6subsection (b) of this Section is guilty of a business offense
7and shall be fined not less than $1,000 nor more than $5,000
8for a first offense and is guilty of a Class 4 felony for a
9second or subsequent violation.
10    (e) Any vehicle which is salvage or junk may not be driven
11or operated on roads and highways within this State. A
12violation of this subsection is a Class A misdemeanor. A
13salvage vehicle displaying valid special plates issued under
14Section 3-601(b) of this Code, which is being driven to or from
15an inspection conducted under Section 3-308 of this Code, is
16exempt from the provisions of this subsection. A salvage
17vehicle for which a short term permit has been issued under
18Section 3-307 of this Code is exempt from the provisions of
19this subsection for the duration of the permit.
20(Source: P.A. 95-495, eff. 1-1-08; 95-783, eff. 1-1-09.)
 
21    (625 ILCS 5/3-901)  (from Ch. 95 1/2, par. 3-901)
22    Sec. 3-901. Purpose of Article.
23    Many persons throughout the State hold themselves out to
24the public as being engaged in, and have engaged in, accepting
25money from members of the public for remittance to the State of

 

 

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1Illinois, and its licensing and taxing agencies in payment of
2registration plates, vehicle certificates of title, taxes,
3vehicle taxes or vehicle license or registration fees. Some of
4these persons have failed to make such remittance with the
5consequent loss to the remitters. It is the public policy of
6this State that its people be protected against such hazards.
7(Source: P.A. 76-1705.)
 
8    (625 ILCS 5/3-902)  (from Ch. 95 1/2, par. 3-902)
9    Sec. 3-902. Application of Article.
10    This Article shall not apply to (1) any person who accepts
11for remittance only such sums as he is authorized to collect by
12the remittee as its agent, and (2) to any person who, in
13connection with the issuance of a license to him to conduct a
14business in this State other than a remitter's license, shall
15have filed, pursuant to a statutory requirement, a surety bond
16covering the proper discharge of any liability incurred by him
17in connection with the acceptance for remittance of money for
18the purposes designated in the Article pursuant to which he or
19she is licensed; provided he does not accept any money for
20remittance, as a remittance agent, the proper transmittal of
21which is not covered by said bond.
22(Source: P.A. 76-1705.)
 
23    (625 ILCS 5/3-903)  (from Ch. 95 1/2, par. 3-903)
24    Sec. 3-903. License.

 

 

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1    It shall be unlawful for any person, either as principal or
2agent, to act as a "remittance agent" in the State of Illinois
3without first having obtained or renewed, as the case may be, a
4license and posted a bond, as hereafter provided.
5(Source: P.A. 76-1705.)
 
6    (625 ILCS 5/3-904)  (from Ch. 95 1/2, par. 3-904)
7    Sec. 3-904. Application - Contents - Affidavits. Any person
8who desires to act as a "remittance agent" shall first file
9with the Secretary of State a written application for a
10license. The application shall be under oath and shall contain
11the following:
12    1. The name and address of the applicant.
13    2. The address of each location at which the applicant
14intends to act as a remittance agent.
15    3. The applicant's business, occupation or profession.
16    4. A statement disclosing whether he has been involved in
17any civil or criminal litigation and if so, the material facts
18pertaining thereto.
19    5. A statement that the applicant has not committed in the
20past 3 years any violation as determined in any civil,
21criminal, or administrative proceedings under the Retailers'
22Occupation Tax Act or under Article I or VII of Chapter 3 of
23this Code.
24    6. Any other information concerning the business of the
25applicant that the Secretary of State may prescribe.

 

 

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1    The application shall be accompanied by the affidavits of
2two persons residing in the city or town of such applicant's
3residence. Such affiants shall state that they have known the
4applicant for a period of at least two years; that the
5applicant is of good moral character and that his reputation
6for honesty and business integrity in the community in which he
7resides is good. If the applicant is not an individual, the
8requirements of this paragraph shall apply to each of its
9officers or members.
10(Source: P.A. 83-387.)
 
11    (625 ILCS 5/3-906)  (from Ch. 95 1/2, par. 3-906)
12    Sec. 3-906. Denial.
13    The Secretary of State shall deny any application under
14this Article upon any of the following grounds:
15    (1) That the application contains any false or fraudulent
16statement; or
17    (2) That the applicant has failed to furnish the
18information required by the Secretary or to file a bond as
19required; or
20    (3) That the required fee has not been paid; or
21    (4) That the applicant has failed to remit fees to the
22Secretary of State or the Department of Revenue; or
23    (5) That the applicant has engaged in fraudulent practices;
24or
25    (6) That the applicant or a member of his immediate family

 

 

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1is an employee of the Secretary of State; or
2    (7) That the Secretary of State is authorized under any
3other provision of law.
4    If the Secretary of State denies the application for a
5license, or renewal thereof, or revokes a license, he shall so
6order in writing and notify the applicant thereof by certified
7mail. Upon the denial of an application for a license, or
8renewal thereof, he shall return the license fee. An applicant
9may contest the denial of an application for a license or
10renewal thereof by requesting an administrative hearing
11pursuant to Section 2-118 of this Code No application shall be
12denied unless the applicant has had an opportunity for a fair
13hearing in connection therewith.
14(Source: P.A. 77-84.)
 
15    (625 ILCS 5/3-907)  (from Ch. 95 1/2, par. 3-907)
16    Sec. 3-907. Suspension or revocation.
17    Such license may be suspended or revoked by the Secretary
18of State for the violation of any provision of this Act or any
19rule or regulation of the Secretary of State and for any reason
20which, had it existed or been known to the Secretary of State
21at the time of the filing of the application for such license,
22would have been good cause for the denial of such application.
23The Secretary of State shall order such license suspended or
24revoked in writing and shall notify the licensee of the order
25by certified mail. A licensee may, upon receipt of an order of

 

 

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1suspension or revocation seek a hearing to review such order
2pursuant to Section 2-118 of this Code.
3(Source: P.A. 77-84.)
 
4    (625 ILCS 5/3-913)  (from Ch. 95 1/2, par. 3-913)
5    Sec. 3-913. Hearings Hearing - Subpoenas. Hearings under
6this Article shall be governed by Section 2-118 of this Act and
7the Administrative Review Law as amended, shall apply to and
8govern all proceedings for judicial review of any final order
9issued by the Secretary of State. For the purposes of this Act,
10the Secretary of State, or the hearing officer as hereinafter
11provided, has power to require by subpoena the attendance and
12testimony of witnesses, and the production of all documentary
13evidence relating to any matter under hearing pursuant to this
14Act, and shall issue such subpoenas at the request of an
15interested party. The hearing officer may sign subpoenas in the
16name of the Secretary of State.
17    The Secretary of State may, in his discretion, direct that
18any hearing pursuant to this Act, shall be held before a
19competent and qualified agent of the Secretary of State, whom
20the Secretary of State shall designate as the hearing officer
21in such matter. The Secretary of State and the hearing officer
22are hereby empowered to, and shall, administer oaths and
23affirmations to all witnesses appearing before them. The
24hearing officer, upon the conclusion of the hearing before him,
25shall certify the evidence to the Secretary of State, and may

 

 

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1make recommendations in connection therewith.
2    Any Circuit Court of this State, within the jurisdiction of
3which such hearing is carried on, may, in case of contumacy, or
4refusal of a witness to obey a subpoena, issue an order
5requiring such witness to appear before the Secretary of State,
6or the hearing officer, or to produce documentary evidence, or
7to give testimony touching the matter in question, and any
8failure to obey such order of the court may be punished by such
9court as a contempt thereof.
10(Source: P.A. 82-783.)
 
11    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
12    Sec. 5-301. Automotive parts recyclers, scrap processors,
13repairers and rebuilders must be licensed.
14    (a) No person in this State shall, except as an incident to
15the servicing of vehicles, carry on or conduct the business of
16a automotive parts recyclers, a scrap processor, a repairer, or
17a rebuilder, unless licensed to do so in writing by the
18Secretary of State under this Section. No person shall rebuild
19a salvage vehicle unless such person is licensed as a rebuilder
20by the Secretary of State under this Section. No person shall
21engage in the business of acquiring previously owned vehicles
22for the primary purpose of disposing of those vehicles in the
23manner described in the definition of a "scrap processor" in
24this Code, nor shall any person acquire 5 or more vehicles in
25one calendar year for such primary purpose, unless such person

 

 

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1is licensed as an automotive parts recycler by the Secretary of
2State under this Section. Each license shall be applied for and
3issued separately, except that a license issued to a new
4vehicle dealer under Section 5-101 of this Code shall also be
5deemed to be a repairer license.
6    (b) Any application filed with the Secretary of State,
7shall be duly verified by oath, in such form as the Secretary
8of State may by rule or regulation prescribe and shall contain:
9        1. The name and type of business organization of the
10    applicant and his principal or additional places of
11    business, if any, in this State.
12        2. The kind or kinds of business enumerated in
13    subsection (a) of this Section to be conducted at each
14    location.
15        3. If the applicant is a corporation, a list of its
16    officers, directors, and shareholders having a ten percent
17    or greater ownership interest in the corporation, setting
18    forth the residence address of each; if the applicant is a
19    sole proprietorship, a partnership, an unincorporated
20    association, a trust, or any similar form of business
21    organization, the names and residence address of the
22    proprietor or of each partner, member, officer, director,
23    trustee or manager.
24        4. A statement that the applicant's officers,
25    directors, shareholders having a ten percent or greater
26    ownership interest therein, proprietor, partner, member,

 

 

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1    officer, director, trustee, manager, or other principals
2    in the business have not committed in the past three years
3    any one violation as determined in any civil or criminal or
4    administrative proceedings of any one of the following
5    Acts:
6            (a) The Anti Theft Laws of the Illinois Vehicle
7        Code;
8            (b) The "Certificate of Title Laws" of the Illinois
9        Vehicle Code;
10            (c) The "Offenses against Registration and
11        Certificates of Title Laws" of the Illinois Vehicle
12        Code;
13            (d) The "Dealers, Transporters, Wreckers and
14        Rebuilders Laws" of the Illinois Vehicle Code;
15            (e) Section 21-2 of the Criminal Code of 1961,
16        Criminal Trespass to Vehicles; or
17            (f) The Retailers Occupation Tax Act.
18        5. A statement that the applicant's officers,
19    directors, shareholders having a ten percent or greater
20    ownership interest therein, proprietor, partner, member,
21    officer, director, trustee, manager or other principals in
22    the business have not committed in any calendar year 3 or
23    more violations, as determined in any civil or criminal or
24    administrative proceedings, of any one or more of the
25    following Acts:
26            (a) The Consumer Finance Act;

 

 

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1            (b) The Consumer Installment Loan Act;
2            (c) The Retail Installment Sales Act;
3            (d) The Motor Vehicle Retail Installment Sales
4        Act;
5            (e) The Interest Act;
6            (f) The Illinois Wage Assignment Act;
7            (g) Part 8 of Article XII of the Code of Civil
8        Procedure; or
9            (h) The Consumer Fraud Act.
10        6. An application for a license shall be accompanied by
11    the following fees: $50 for applicant's established place
12    of business; $25 for each additional place of business, if
13    any, to which the application pertains; provided, however,
14    that if such an application is made after June 15 of any
15    year, the license fee shall be $25 for applicant's
16    established place of business plus $12.50 for each
17    additional place of business, if any, to which the
18    application pertains. License fees shall be returnable
19    only in the event that such application shall be denied by
20    the Secretary of State.
21        7. A statement that the applicant understands Chapter 1
22    through Chapter 5 of this Code.
23        8. A statement that the applicant shall comply with
24    subsection (e) of this Section.
25    (c) Any change which renders no longer accurate any
26information contained in any application for a license filed

 

 

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1with the Secretary of State shall be amended within 30 days
2after the occurrence of such change on such form as the
3Secretary of State may prescribe by rule or regulation,
4accompanied by an amendatory fee of $2.
5    (d) Anything in this chapter to the contrary,
6notwithstanding, no person shall be licensed under this Section
7unless such person shall maintain an established place of
8business as defined in this Chapter.
9    (e) The Secretary of State shall within a reasonable time
10after receipt thereof, examine an application submitted to him
11under this Section and unless he makes a determination that the
12application submitted to him does not conform with the
13requirements of this Section or that grounds exist for a denial
14of the application, as prescribed in Section 5-501 of this
15Chapter, grant the applicant an original license as applied for
16in writing for his established place of business and a
17supplemental license in writing for each additional place of
18business in such form as he may prescribe by rule or regulation
19which shall include the following:
20        1. The name of the person licensed;
21        2. If a corporation, the name and address of its
22    officers or if a sole proprietorship, a partnership, an
23    unincorporated association or any similar form of business
24    organization, the name and address of the proprietor or of
25    each partner, member, officer, director, trustee or
26    manager;

 

 

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1        3. A designation of the kind or kinds of business
2    enumerated in subsection (a) of this Section to be
3    conducted at each location;
4        4. In the case of an original license, the established
5    place of business of the licensee;
6        5. In the case of a supplemental license, the
7    established place of business of the licensee and the
8    additional place of business to which such supplemental
9    license pertains.
10    (f) The appropriate instrument evidencing the license or a
11certified copy thereof, provided by the Secretary of State
12shall be kept, posted, conspicuously in the established place
13of business of the licensee and in each additional place of
14business, if any, maintained by such licensee. The licensee
15also shall post conspicuously in the established place of
16business and in each additional place of business a notice
17which states that such business is required to be licensed by
18the Secretary of State under Section 5-301, and which provides
19the license number of the business and the license expiration
20date. This notice also shall advise the consumer that any
21complaints as to the quality of service may be brought to the
22attention of the Attorney General. The information required on
23this notice also shall be printed conspicuously on all
24estimates and receipts for work by the licensee subject to this
25Section. The Secretary of State shall prescribe the specific
26format of this notice.

 

 

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1    (g) Except as provided in subsection (h) hereof, licenses
2granted under this Section shall expire by operation of law on
3December 31 of the calendar year for which they are granted
4unless sooner revoked or cancelled under the provisions of
5Section 5-501 of this Chapter.
6    (h) Any license granted under this Section may be renewed
7upon application and payment of the fee required herein as in
8the case of an original license, provided, however, that in
9case an application for the renewal of an effective license is
10made during the month of December, such effective license shall
11remain in force until such application is granted or denied by
12the Secretary of State.
13    (i) All automotive repairers and rebuilders shall, in
14addition to the requirements of subsections (a) through (h) of
15this Section, meet the following licensing requirements:
16        1. Provide proof that the property on which first time
17    applicants plan to do business is in compliance with local
18    zoning laws and regulations, and a listing of zoning
19    classification;
20        2. Provide proof that the applicant for a repairer's
21    license complies with the proper workers' compensation
22    rate code or classification, and listing the code of
23    classification for that industry;
24        3. Provide proof that the applicant for a rebuilder's
25    license complies with the proper workers' compensation
26    rate code or classification for the repair industry or the

 

 

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1    auto parts recycling industry and listing the code of
2    classification;
3        4. Provide proof that the applicant has obtained or
4    applied for a hazardous waste generator number, and listing
5    the actual number if available or certificate of exemption;
6        5. Provide proof that applicant has proper liability
7    insurance, and listing the name of the insurer and the
8    policy number; and
9        6. Provide proof that the applicant has obtained or
10    applied for the proper State sales tax classification and
11    federal identification tax number, and listing the actual
12    numbers if available.
13    (i-1) All automotive repairers shall provide proof that
14they comply with all requirements of the Automotive Collision
15Repair Act.
16    (j) All automotive parts recyclers shall, in addition to
17the requirements of subsections (a) through (h) of this
18Section, meet the following licensing requirements:
19        1. A statement that the applicant purchases 5 vehicles
20    per year or has 5 hulks or chassis in stock;
21        2. Provide proof that the property on which all first
22    time applicants will do business does comply to the proper
23    local zoning laws in existence, and a listing of zoning
24    classifications;
25        3. Provide proof that applicant complies with the
26    proper workers' compensation rate code or classification,

 

 

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1    and listing the code of classification; and
2        4. Provide proof that applicant has obtained or applied
3    for the proper State sales tax classification and federal
4    identification tax number, and listing the actual numbers
5    if available.
6(Source: P.A. 94-784, eff. 1-1-07.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.