101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4513

 

Introduced 2/4/2020, by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/5-401.2  from Ch. 95 1/2, par. 5-401.2

    Amends the Illinois Vehicle Code. Provides that licensed dealers, financing affiliates, parts recyclers, scrap processors, repairers, rebuilders, and out-of-state salvage vehicle buyers shall retain records relating to the acquisition or disposition of tire rims and catalytic converters, including the date of the acquisition of each tire rim or catalytic converter and the name and address of the person from whom the tire rim or catalytic converter was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person. Provides that, if the tire rim or catalytic converter being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least 2 sources of identification, one of which shall be a driver's license or State identification card.


LRB101 15861 LNS 65218 b

 

 

A BILL FOR

 

HB4513LRB101 15861 LNS 65218 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
5Section 5-401.2 as follows:
 
6    (625 ILCS 5/5-401.2)  (from Ch. 95 1/2, par. 5-401.2)
7    Sec. 5-401.2. Licensees required to keep records and make
8inspections.
9    (a) Every person licensed or required to be licensed under
10Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or
115-302 of this Code, shall, with the exception of scrap
12processors, maintain for 3 years, in a form as the Secretary of
13State may by rule or regulation prescribe, at his established
14place of business, additional place of business, or principal
15place of business if licensed under Section 5-302, the
16following records relating to the acquisition or disposition of
17vehicles, and their essential parts, tire rims, and catalytic
18converters possessed in this State, brought into this State
19from another state, territory or country, or sold or
20transferred to another person in this State or in another
21state, territory, or country.
22        (1) The following records pertaining to new or used
23    vehicles shall be kept:

 

 

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1            (A) the year, make, model, style and color of the
2        vehicle;
3            (B) the vehicle's manufacturer's identification
4        number or, if applicable, the Secretary of State or
5        Illinois Department of State Police identification
6        number;
7            (C) the date of acquisition of the vehicle;
8            (D) the name and address of the person from whom
9        the vehicle was acquired and, if that person is a
10        dealer, the Illinois or out-of-state dealer license
11        number of such person;
12            (E) the signature of the person making the
13        inspection of a used vehicle as required under
14        subsection (d) of this Section, if applicable;
15            (F) the purchase price of the vehicle, if
16        applicable;
17            (G) the date of the disposition of the vehicle;
18            (H) the name and address of the person to whom any
19        vehicle was disposed, and if that person is a dealer,
20        the Illinois or out-of-State dealer's license number
21        of that dealer;
22            (I) the uniform invoice number reflecting the
23        disposition of the vehicle, if applicable; and
24            (J) The sale price of the vehicle, if applicable.
25        (2) (A) The following records pertaining to used
26    essential parts other than quarter panels and

 

 

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1    transmissions of vehicles of the first division shall be
2    kept:
3            (i) the year, make, model, color and type of such
4        part;
5            (ii) the vehicle's manufacturer's identification
6        number, derivative number, or, if applicable, the
7        Secretary of State or Illinois Department of State
8        Police identification number of such part;
9            (iii) the date of the acquisition of each part;
10            (iv) the name and address of the person from whom
11        the part was acquired and, if that person is a dealer,
12        the Illinois or out-of-state dealer license number of
13        such person; if the essential part being acquired is
14        from a person other than a dealer, the licensee shall
15        verify and record that person's identity by recording
16        the identification numbers from at least two sources of
17        identification, one of which shall be a drivers license
18        or State identification card;
19            (v) the uniform invoice number or out-of-state
20        bill of sale number reflecting the acquisition of such
21        part;
22            (vi) the stock number assigned to the essential
23        part by the licensee, if applicable;
24            (vii) the date of the disposition of such part;
25            (viii) the name and address of the person to whom
26        such part was disposed of and, if that person is a

 

 

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1        dealer, the Illinois or out-of-state dealer license
2        number of that person;
3            (ix) the uniform invoice number reflecting the
4        disposition of such part.
5        (B) Inspections of all essential parts shall be
6    conducted in accordance with Section 5-402.1.
7        (C) A separate entry containing all of the information
8    required to be recorded in subparagraph (A) of paragraph
9    (2) of subsection (a) of this Section shall be made for
10    each separate essential part. Separate entries shall be
11    made regardless of whether the part was a large purchase
12    acquisition. In addition, a separate entry shall be made
13    for each part acquired for immediate sale or transfer, or
14    for placement into the overall inventory or stock to be
15    disposed of at a later time, or for use on a vehicle to be
16    materially altered by the licensee, or acquired for any
17    other purpose or reason. Failure to make a separate entry
18    for each essential part acquired or disposed of, or a
19    failure to record any of the specific information required
20    to be recorded concerning the acquisition or disposition of
21    each essential part as set forth in subparagraph (A) of
22    paragraph (2) of subsection (a) shall constitute a failure
23    to keep records.
24        (D) The vehicle's manufacturer's identification number
25    or Secretary of State or Illinois Department of State
26    Police identification number for the essential part shall

 

 

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1    be ascertained and recorded even if such part is acquired
2    from a person or dealer located in a State, territory, or
3    country which does not require that such information be
4    recorded. If the vehicle's manufacturer's identification
5    number or Secretary of State or Illinois Department of
6    State Police identification number for an essential part
7    cannot be obtained, that part shall not be acquired by the
8    licensee or any of his agents or employees. If such part or
9    parts were physically acquired by the licensee or any of
10    his agents or employees while the licensee or agent or
11    employee was outside this State, that licensee or agent or
12    employee was outside the State, that licensee, agent or
13    employee shall not bring such essential part into this
14    State or cause it to be brought into this State. The
15    acquisition or disposition of an essential part by a
16    licensee without the recording of the vehicle
17    identification number or Secretary of State identification
18    number for such part or the transportation into the State
19    by the licensee or his agent or employee of such part or
20    parts shall constitute a failure to keep records.
21        (E) The records of essential parts required to be kept
22    by this Section shall apply to all hulks, chassis, frames
23    or cowls, regardless of the age of those essential parts.
24    The records required to be kept by this Section for
25    essential parts other than hulks, chassis, frames or cowls,
26    shall apply only to those essential parts which are 6 model

 

 

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1    years of age or newer. In determining the model year of
2    such an essential part it may be presumed that the
3    identification number of the vehicle from which the
4    essential part came or the identification number affixed to
5    the essential part itself acquired by the licensee denotes
6    the model year of that essential part. This presumption,
7    however, shall not apply if the gross appearance of the
8    essential part does not correspond to the year, make or
9    model of either the identification number of the vehicle
10    from which the essential part is alleged to have come or
11    the identification number which is affixed to the essential
12    part itself. To determine whether an essential part is 6
13    years of age or newer within this paragraph, the model year
14    of the essential part shall be subtracted from the calendar
15    year in which the essential part is acquired or disposed of
16    by the licensee. If the remainder is 6 or less, the record
17    of the acquisition or disposition of that essential part
18    shall be kept as required by this Section.
19        (F) The requirements of paragraph (2) of subsection (a)
20    of this Section shall not apply to the disposition of an
21    essential part other than a cowl which has been damaged or
22    altered to a state in which it can no longer be returned to
23    a usable condition and which is being sold or transferred
24    to a scrap processor or for delivery to a scrap processor.
25    (3) the following records for vehicles on which junking
26certificates are obtained shall be kept:

 

 

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1        (A) the year, make, model, style and color of the
2    vehicle;
3        (B) the vehicle's manufacturer's identification number
4    or, if applicable, the Secretary of State or Illinois
5    Department of State Police identification number;
6        (C) the date the vehicle was acquired;
7        (D) the name and address of the person from whom the
8    vehicle was acquired and, if that person is a dealer, the
9    Illinois or out-of-state dealer license number of that
10    person;
11        (E) the certificate of title number or salvage
12    certificate number for the vehicle, if applicable;
13        (F) the junking certificate number obtained by the
14    licensee; this entry shall be recorded at the close of
15    business of the fifth business day after receiving the
16    junking certificate;
17        (G) the name and address of the person to whom the
18    junking certificate has been assigned, if applicable, and
19    if that person is a dealer, the Illinois or out-of-state
20    dealer license number of that dealer;
21        (H) if the vehicle or any part of the vehicle is
22    dismantled for its parts to be disposed of in any way, or
23    if such parts are to be used by the licensee to materially
24    alter a vehicle, those essential parts shall be recorded
25    and the entries required by paragraph (2) of subsection (a)
26    shall be made.

 

 

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1    (4) The following records for rebuilt vehicles shall be
2kept:
3        (A) the year, make, model, style and color of the
4    vehicle;
5        (B) the vehicle's manufacturer's identification number
6    of the vehicle or, if applicable, the Secretary of State or
7    Illinois Department of State Police identification number;
8        (C) the date the vehicle was acquired;
9        (D) the name and address of the person from whom the
10    vehicle was acquired, and if that person is a dealer, the
11    Illinois or out-of-state dealer license number of that
12    person;
13        (E) the salvage certificate number for the vehicle;
14        (F) the newly issued certificate of title number for
15    the vehicle;
16        (G) the date of disposition of the vehicle;
17        (H) the name and address of the person to whom the
18    vehicle was disposed, and if a dealer, the Illinois or
19    out-of-state dealer license number of that dealer;
20        (I) The sale price of the vehicle.
21    (5) The following records pertaining to tire rims shall be
22kept:
23        (A) the date of the acquisition of each tire rim; and
24        (B) the name and address of the person from whom the
25    tire rim was acquired and, if that person is a dealer, the
26    Illinois or out-of-state dealer license number of such

 

 

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1    person; if the tire rim being acquired is from a person
2    other than a dealer, the licensee shall verify and record
3    that person's identity by recording the identification
4    numbers from at least 2 sources of identification, one of
5    which shall be a driver's license or State identification
6    card.
7    (6) The following records pertaining to catalytic
8converters shall be kept:
9        (A) the date of the acquisition of each catalytic
10    converter; and
11        (B) the name and address of the person from whom the
12    catalytic converter was acquired and, if that person is a
13    dealer, the Illinois or out-of-state dealer license number
14    of such person; if the catalytic converter being acquired
15    is from a person other than a dealer, the licensee shall
16    verify and record that person's identity by recording the
17    identification numbers from at least 2 sources of
18    identification, one of which shall be a driver's license or
19    State identification card.
20    (a-1) A person licensed or required to be licensed under
21Section 5-101 or Section 5-102 of this Code who issues
22temporary registration permits as permitted by this Code and by
23rule must electronically file the registration with the
24Secretary and must maintain records of the registration in the
25manner prescribed by the Secretary.
26    (b) A failure to make separate entries for each vehicle

 

 

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1acquired, disposed of, or assigned, or a failure to record any
2of the specific information required to be recorded concerning
3the acquisition or disposition of each vehicle as set forth in
4paragraphs (1), (3) and (4) of subsection (a) shall constitute
5a failure to keep records.
6    (c) All entries relating to the acquisition of a vehicle or
7essential part required by subsection (a) of this Section shall
8be recorded no later than the close of business on the seventh
9calendar day following such acquisition. All entries relating
10to the disposition of a vehicle or an essential part shall be
11made at the time of such disposition. If the vehicle or
12essential part was disposed of on the same day as its
13acquisition or the day thereafter, the entries relating to the
14acquisition of the vehicle or essential part shall be made at
15the time of the disposition of the vehicle or essential part.
16Failure to make the entries required in or at the times
17prescribed by this subsection following the acquisition or
18disposition of such vehicle or essential part shall constitute
19a failure to keep records.
20    (d) Every person licensed or required to be licensed shall,
21before accepting delivery of a used vehicle, inspect the
22vehicle to determine whether the manufacturer's public vehicle
23identification number has been defaced, destroyed, falsified,
24removed, altered, or tampered with in any way. If the person
25making the inspection determines that the manufacturer's
26public vehicle identification number has been altered,

 

 

HB4513- 11 -LRB101 15861 LNS 65218 b

1removed, defaced, destroyed, falsified or tampered with he
2shall not acquire that vehicle but instead shall promptly
3notify law enforcement authorities of his finding.
4    (e) The information required to be kept in subsection (a)
5of this Section shall be kept in a manner prescribed by rule or
6regulation of the Secretary of State.
7    (f) Every person licensed or required to be licensed shall
8have in his possession a separate certificate of title, salvage
9certificate, junking certificate, certificate of purchase,
10uniform invoice, out-of-state bill of sale or other acceptable
11documentary evidence of his right to the possession of every
12vehicle or essential part.
13    (g) Every person licensed or required to be licensed as a
14transporter under Section 5-201 shall maintain for 3 years, in
15such form as the Secretary of State may by rule or regulation
16prescribe, at his principal place of business a record of every
17vehicle transported by him, including numbers of or other marks
18of identification thereof, the names and addresses of persons
19from whom and to whom the vehicle was delivered and the dates
20of delivery.
21    (h) No later than 15 days prior to going out of business,
22selling the business, or transferring the ownership of the
23business, the licensee shall notify the Secretary of State that
24he is going out of business or that he is transferring the
25ownership of the business. Failure to notify under this
26paragraph shall constitute a failure to keep records.

 

 

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1    (i) (Blank).
2    (j) A person who knowingly fails to comply with the
3provisions of this Section or knowingly fails to obey, observe,
4or comply with any order of the Secretary or any law
5enforcement agency issued in accordance with this Section is
6guilty of a Class B misdemeanor for the first violation and a
7Class A misdemeanor for the second and subsequent violations.
8Each violation constitutes a separate and distinct offense and
9a separate count may be brought in the same indictment or
10information for each vehicle or each essential part of a
11vehicle for which a record was not kept as required by this
12Section.
13    (k) Any person convicted of failing to keep the records
14required by this Section with intent to conceal the identity or
15origin of a vehicle or its essential parts or with intent to
16defraud the public in the transfer or sale of vehicles or their
17essential parts is guilty of a Class 2 felony. Each violation
18constitutes a separate and distinct offense and a separate
19count may be brought in the same indictment or information for
20each vehicle or essential part of a vehicle for which a record
21was not kept as required by this Section.
22    (l) A person may not be criminally charged with or
23convicted of both a knowing failure to comply with this Section
24and a knowing failure to comply with any order, if both
25offenses involve the same record keeping violation.
26    (m) The Secretary shall adopt rules necessary for

 

 

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1implementation of this Section, which may include the
2imposition of administrative fines.
3(Source: P.A. 101-505, eff. 1-1-20.)