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Public Act 100-0409


 

Public Act 0409 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0409
 
SB0675 EnrolledLRB100 06005 AXK 16035 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 1-118, 5-301, 5-503, 6-201, and 6-401 and by adding
Section 5-501.5 as follows:
 
    (625 ILCS 5/1-118)  (from Ch. 95 1/2, par. 1-118)
    Sec. 1-118. Essential parts. All integral and body parts of
a vehicle of a type required to be registered hereunder, the
removal, alteration or substitution of which would tend to
conceal the identity of the vehicle or substantially alter its
appearance, model, type or mode of operation. "Essential parts"
includes the following: vehicle hulks, shells, chassis,
frames, front end assemblies (which may consist of headlight,
grill, fenders and hood), front clip (front end assembly with
cowl attached), rear clip (which may consist of quarter panels,
fenders, floor and top), doors, hatchbacks, fenders, cabs, cab
clips, cowls, hoods, trunk lids, deck lids, bed, front bumper,
rear bumper, T-tops, sunroofs, moon roofs, astro roofs,
transmissions of vehicles of the second division, seats,
aluminum wheels, engines and similar parts. Essential parts
also includes fairings, fuel tanks, and forks of motorcycles.
Essential parts shall also include stereo radios, cassette
radios, compact disc radios, cassette/compact disc radios and
compact disc players and compact disc changers which are either
installed in dash or trunk-mounted.
    An essential part which does not have affixed to it an
identification number as defined in Section 1-129 adopts the
identification number of the vehicle to which such part is
affixed, installed or mounted.
    An "essential part" does not include an engine,
transmission, or a rear axle that is used in a glider kit.
(Source: P.A. 99-748, eff. 8-5-16.)
 
    (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
an automotive parts recycler, 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 or
        the Criminal Code of 2012, 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.
        9. A statement indicating if the applicant, including
    any of the applicant's affiliates or predecessor
    corporations, has been subject to the revocation or
    nonrenewal of a business license by a municipality under
    Section 5-501.5 of this Code.
    (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, nonrenewed, or cancelled under the
provisions of Section 5-501 or 5-501.5 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. Provide 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. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13;
98-756, eff. 7-16-14.)
 
    (625 ILCS 5/5-501.5 new)
    Sec. 5-501.5. License eligibility; fraud.
    (a) For purposes of this Section, an "automotive parts
recycler, scrap processor, repairer, or rebuilder" includes
any owners, operators, principals, shareholders, partners, or
directors that have ownership interest or managerial authority
in the business at the time the fraud or misconduct occurred.
    (b) Notwithstanding any other provision of law to the
contrary, an automotive parts recycler, scrap processor,
repairer, or rebuilder with a business license issued by a
municipality that has been revoked or nonrenewed due to fraud
or misconduct committed against the municipality within 3 years
preceding the effective date of this amendatory Act of the
100th General Assembly or on or after the effective date of
this amendatory Act of the 100th General Assembly shall not be
eligible for a license or license renewal under Section 5-301
of this Code.
    (c) No later than 30 days after the effective date of this
amendatory Act of the 100th General Assembly, a municipality
that has revoked or nonrenewed a business license under
subsection (b) of this Section shall:
        (1) notify the Secretary of State of the revocation or
    nonrenewal; and
        (2) notify any other municipality in which the former
    licensee is known to conduct business that the former
    licensee's business license has been revoked or nonrenewed
    due to fraud or misconduct committed against the
    municipality.
    (d) No later than 30 days after receiving a notice required
under paragraph (2) of subsection (c) of this Section, a
municipality shall take all actions necessary to revoke or, if
the business license is set to expire within a 30-day period of
the notice, prohibit renewal of the licensee's business
license.
    (d-5) No later than 30 days after receiving notice under
paragraph (1) of subsection (c) of this Section, the Secretary
shall notify the former licensee that it is not eligible to
conduct business in this State as an automotive parts recycler,
scrap processor, repairer, or rebuilder.
    (e) An automotive parts recycler, scrap processor,
repairer, or rebuilder shall be fined $1,000 for each day it
conducts business in this State in violation of this Section.
    (f) No unit of local government, including a home rule
unit, may regulate business licenses in a manner inconsistent
with this Section. This subsection (f) is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
 
    (625 ILCS 5/5-503)  (from Ch. 95 1/2, par. 5-503)
    Sec. 5-503. Failure to obtain dealer's license, operation
of a business with a suspended or revoked license. (a) Any
person operating a business for which he is required to be
licensed under Section 5-101, 5-102, 5-201 or 5-301 who fails
to apply for such a license or licenses within 15 days after
being informed in writing by the Secretary of State that he
must obtain such a license or licenses is subject to a civil
action brought by the Secretary of State for operating a
business without a license in the circuit court in the county
in which the business is located. If the person is found to be
in violation of Section 5-101, 5-102, 5-201 or 5-301 by
carrying on a business without being properly licensed, that
person shall be fined $300 for each business day he conducted
his business without such a license after the expiration of the
15 day period specified in this subsection (a).
    (b) Any person who, having had his license or licenses
issued under Section 5-101, 5-102, 5-201 or 5-301 suspended,
revoked, nonrenewed, cancelled, or denied by the Secretary of
State under Section 5-501 or 5-501.5 of this Code, continues to
operate business after the effective date of such revocation,
nonrenewal, suspension, cancellation, or denial may be sued in
a civil action by the Secretary of State in the county in which
the established or additional place of such business is
located. Except as provided in subsection (e) of Section
5-501.5 of this Code, if If such person is found by the court
to have operated such a business after the license or licenses
required for conducting such business have been suspended,
revoked, nonrenewed, cancelled, or denied, that person shall be
fined $500 for each day he conducted business thereafter.
(Source: P.A. 86-444.)
 
    (625 ILCS 5/6-201)
    Sec. 6-201. Authority to cancel licenses and permits.
    (a) The Secretary of State is authorized to cancel any
license or permit upon determining that the holder thereof:
        1. was not entitled to the issuance thereof hereunder;
    or
        2. failed to give the required or correct information
    in his application; or
        3. failed to pay any fees, civil penalties owed to the
    Illinois Commerce Commission, or taxes due under this Act
    and upon reasonable notice and demand; or
        4. committed any fraud in the making of such
    application; or
        5. is ineligible therefor under the provisions of
    Section 6-103 of this Act, as amended; or
        6. has refused or neglected to submit an alcohol, drug,
    and intoxicating compound evaluation or to submit to
    examination or re-examination as required under this Act;
    or
        7. has been convicted of violating the Cannabis Control
    Act, the Illinois Controlled Substances Act, the
    Methamphetamine Control and Community Protection Act, or
    the Use of Intoxicating Compounds Act while that individual
    was in actual physical control of a motor vehicle. For
    purposes of this Section, any person placed on probation
    under Section 10 of the Cannabis Control Act, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    shall not be considered convicted. Any person found guilty
    of this offense, while in actual physical control of a
    motor vehicle, shall have an entry made in the court record
    by the judge that this offense did occur while the person
    was in actual physical control of a motor vehicle and order
    the clerk of the court to report the violation to the
    Secretary of State as such. After the cancellation, the
    Secretary of State shall not issue a new license or permit
    for a period of one year after the date of cancellation.
    However, upon application, the Secretary of State may, if
    satisfied that the person applying will not endanger the
    public safety, or welfare, issue a restricted driving
    permit granting the privilege of driving a motor vehicle
    between the petitioner's residence and petitioner's place
    of employment or within the scope of the petitioner's
    employment related duties, or to allow transportation for
    the petitioner or a household member of the petitioner's
    family for the receipt of necessary medical care, or
    provide transportation for the petitioner to and from
    alcohol or drug remedial or rehabilitative activity
    recommended by a licensed service provider, or for the
    petitioner to attend classes, as a student, in an
    accredited educational institution. The petitioner must
    demonstrate that no alternative means of transportation is
    reasonably available; provided that the Secretary's
    discretion shall be limited to cases where undue hardship,
    as defined by the rules of the Secretary of State, would
    result from a failure to issue such restricted driving
    permit. In each case the Secretary of State may issue such
    restricted driving permit for such period as he deems
    appropriate, except that such permit shall expire within
    one year from the date of issuance. A restricted driving
    permit issued hereunder shall be subject to cancellation,
    revocation and suspension by the Secretary of State in like
    manner and for like cause as a driver's license issued
    hereunder may be cancelled, revoked or suspended; except
    that a conviction upon one or more offenses against laws or
    ordinances regulating the movement of traffic shall be
    deemed sufficient cause for the revocation, suspension or
    cancellation of a restricted driving permit. The Secretary
    of State may, as a condition to the issuance of a
    restricted driving permit, require the applicant to
    participate in a driver remedial or rehabilitative
    program. In accordance with 49 C.F.R. 384, the Secretary of
    State may not issue a restricted driving permit for the
    operation of a commercial motor vehicle to a person holding
    a CDL whose driving privileges have been revoked,
    suspended, cancelled, or disqualified under this Code; or
        8. failed to submit a report as required by Section
    6-116.5 of this Code; or
        9. has been convicted of a sex offense as defined in
    the Sex Offender Registration Act. The driver's license
    shall remain cancelled until the driver registers as a sex
    offender as required by the Sex Offender Registration Act,
    proof of the registration is furnished to the Secretary of
    State and the sex offender provides proof of current
    address to the Secretary; or
        10. is ineligible for a license or permit under Section
    6-107, 6-107.1, or 6-108 of this Code; or
        11. refused or neglected to appear at a Driver Services
    facility to have the license or permit corrected and a new
    license or permit issued or to present documentation for
    verification of identity; or
        12. failed to submit a medical examiner's certificate
    or medical variance as required by 49 C.F.R. 383.71 or
    submitted a fraudulent medical examiner's certificate or
    medical variance; or
        13. has had his or her medical examiner's certificate,
    medical variance, or both removed or rescinded by the
    Federal Motor Carrier Safety Administration; or
        14. failed to self-certify as to the type of driving in
    which the CDL driver engages or expects to engage; or
        15. has submitted acceptable documentation indicating
    out-of-state residency to the Secretary of State to be
    released from the requirement of showing proof of financial
    responsibility in this State; or
        16. was convicted of fraud relating to the testing or
    issuance of a CDL or CLP, in which case only the CDL or CLP
    shall be cancelled. After cancellation, the Secretary
    shall not issue a CLP or CDL for a period of one year from
    the date of cancellation; or
        17. has a special restricted license under subsection
    (g) of Section 6-113 of this Code and failed to submit the
    required annual vision specialist report that the special
    restricted license holder's vision has not changed; or
        18. has a special restricted license under subsection
    (g) of Section 6-113 of this Code and was convicted or
    received court supervision for a violation of this Code
    that occurred during nighttime hours or was involved in a
    motor vehicle accident during nighttime hours in which the
    restricted license holder was at fault; or .
        19. has assisted an out-of-state resident in acquiring
    an Illinois driver's license or identification card by
    providing or allowing the out-of-state resident to use his
    or her Illinois address of residence and is complicit in
    distributing and forwarding the Illinois driver's license
    or identification card to the out-of-state resident.
    (b) Upon such cancellation the licensee or permittee must
surrender the license or permit so cancelled to the Secretary
of State.
    (c) Except as provided in Sections 6-206.1 and 7-702.1, the
Secretary of State shall have exclusive authority to grant,
issue, deny, cancel, suspend and revoke driving privileges,
drivers' licenses and restricted driving permits.
    (d) The Secretary of State may adopt rules to implement
this Section.
(Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11;
97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176 (see Section
10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the
effective date of changes made by P.A. 98-176); 98-178, eff.
1-1-14; 98-747, eff. 1-1-15; 98-756, eff. 7-16-14.)
 
    (625 ILCS 5/6-401)  (from Ch. 95 1/2, par. 6-401)
    Sec. 6-401. Driver training schools-license required.
    (a) No person, firm, association, partnership or
corporation shall operate a driver training school or engage in
the business of giving instruction for hire or for a fee in (1)
the driving of motor vehicles; or (2) the preparation of an
applicant for examination given by the Secretary of State for a
drivers license or permit, unless a license therefor has been
issued by the Secretary. No public schools or educational
institutions shall contract with entities engaged in the
business of giving instruction for hire or for a fee in the
driving of motor vehicles for the preparation of an applicant
for examination given by the Secretary of State for a driver's
license or permit, unless a license therefor has been issued by
the Secretary.
    This subsection (a) Section shall not apply to (i) public
schools or to educational institutions in which driving
instruction is part of the curriculum, (ii) employers giving
instruction to their employees, or (iii) schools that teach
enhanced driving skills to licensed drivers as set forth in
Article X of Chapter 6 of this Code.
    (b) Any person, firm, association, partnership, or
corporation that violates subsection (a) of this Section shall
be guilty of a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229,
eff. 7-28-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017