101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4515

 

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, including the date of the acquisition of each tire rim and the name and address of the person from whom the tire rim 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 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 14650 TAE 63566 b

 

 

A BILL FOR

 

HB4515LRB101 14650 TAE 63566 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    (Text of Section before amendment by P.A. 101-505)
8    Sec. 5-401.2. Licensees required to keep records and make
9inspections.
10    (a) Every person licensed or required to be licensed under
11Section 5-101, 5-101.1, 5-101.2, 5-102, 5-301 or 5-302 of this
12Code, shall, with the exception of scrap processors, maintain
13for 3 years, in a form as the Secretary of State may by rule or
14regulation prescribe, at his established place of business,
15additional place of business, or principal place of business if
16licensed under Section 5-302, the following records relating to
17the acquisition or disposition of vehicles and their essential
18parts possessed in this State, brought into this State from
19another state, territory or country, or sold or transferred to
20another person in this State or in another state, territory, or
21country.
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    (a-1) A person licensed or required to be licensed under
22Section 5-101 or Section 5-102 of this Code who issues
23temporary registration permits as permitted by this Code and by
24rule must electronically file the registration with the
25Secretary and must maintain records of the registration in the
26manner prescribed by the Secretary.

 

 

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

 

 

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

 

 

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

 

 

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1    (m) The Secretary shall adopt rules necessary for
2implementation of this Section, which may include the
3imposition of administrative fines.
4(Source: P.A. 99-593, eff. 7-22-16.)
 
5    (Text of Section after amendment by P.A. 101-505)
6    Sec. 5-401.2. Licensees required to keep records and make
7inspections.
8    (a) Every person licensed or required to be licensed under
9Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or
105-302 of this Code, shall, with the exception of scrap
11processors, maintain for 3 years, in a form as the Secretary of
12State may by rule or regulation prescribe, at his established
13place of business, additional place of business, or principal
14place of business if licensed under Section 5-302, the
15following records relating to the acquisition or disposition of
16vehicles, and their essential parts, and tire rims possessed in
17this State, brought into this State from another state,
18territory or country, or sold or transferred to another person
19in this State or in another state, territory, or country.
20        (1) The following records pertaining to new or used
21    vehicles shall be kept:
22            (A) the year, make, model, style and color of the
23        vehicle;
24            (B) the vehicle's manufacturer's identification
25        number or, if applicable, the Secretary of State or

 

 

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

 

 

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

 

 

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1        (B) Inspections of all essential parts shall be
2    conducted in accordance with Section 5-402.1.
3        (C) A separate entry containing all of the information
4    required to be recorded in subparagraph (A) of paragraph
5    (2) of subsection (a) of this Section shall be made for
6    each separate essential part. Separate entries shall be
7    made regardless of whether the part was a large purchase
8    acquisition. In addition, a separate entry shall be made
9    for each part acquired for immediate sale or transfer, or
10    for placement into the overall inventory or stock to be
11    disposed of at a later time, or for use on a vehicle to be
12    materially altered by the licensee, or acquired for any
13    other purpose or reason. Failure to make a separate entry
14    for each essential part acquired or disposed of, or a
15    failure to record any of the specific information required
16    to be recorded concerning the acquisition or disposition of
17    each essential part as set forth in subparagraph (A) of
18    paragraph (2) of subsection (a) shall constitute a failure
19    to keep records.
20        (D) The vehicle's manufacturer's identification number
21    or Secretary of State or Illinois Department of State
22    Police identification number for the essential part shall
23    be ascertained and recorded even if such part is acquired
24    from a person or dealer located in a State, territory, or
25    country which does not require that such information be
26    recorded. If the vehicle's manufacturer's identification

 

 

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1    number or Secretary of State or Illinois Department of
2    State Police identification number for an essential part
3    cannot be obtained, that part shall not be acquired by the
4    licensee or any of his agents or employees. If such part or
5    parts were physically acquired by the licensee or any of
6    his agents or employees while the licensee or agent or
7    employee was outside this State, that licensee or agent or
8    employee was outside the State, that licensee, agent or
9    employee shall not bring such essential part into this
10    State or cause it to be brought into this State. The
11    acquisition or disposition of an essential part by a
12    licensee without the recording of the vehicle
13    identification number or Secretary of State identification
14    number for such part or the transportation into the State
15    by the licensee or his agent or employee of such part or
16    parts shall constitute a failure to keep records.
17        (E) The records of essential parts required to be kept
18    by this Section shall apply to all hulks, chassis, frames
19    or cowls, regardless of the age of those essential parts.
20    The records required to be kept by this Section for
21    essential parts other than hulks, chassis, frames or cowls,
22    shall apply only to those essential parts which are 6 model
23    years of age or newer. In determining the model year of
24    such an essential part it may be presumed that the
25    identification number of the vehicle from which the
26    essential part came or the identification number affixed to

 

 

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

 

 

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

 

 

HB4515- 19 -LRB101 14650 TAE 63566 b

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

 

 

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1    which shall be a driver's license or State identification
2    card.
3    (a-1) A person licensed or required to be licensed under
4Section 5-101 or Section 5-102 of this Code who issues
5temporary registration permits as permitted by this Code and by
6rule must electronically file the registration with the
7Secretary and must maintain records of the registration in the
8manner prescribed by the Secretary.
9    (b) A failure to make separate entries for each vehicle
10acquired, disposed of, or assigned, or a failure to record any
11of the specific information required to be recorded concerning
12the acquisition or disposition of each vehicle as set forth in
13paragraphs (1), (3) and (4) of subsection (a) shall constitute
14a failure to keep records.
15    (c) All entries relating to the acquisition of a vehicle or
16essential part required by subsection (a) of this Section shall
17be recorded no later than the close of business on the seventh
18calendar day following such acquisition. All entries relating
19to the disposition of a vehicle or an essential part shall be
20made at the time of such disposition. If the vehicle or
21essential part was disposed of on the same day as its
22acquisition or the day thereafter, the entries relating to the
23acquisition of the vehicle or essential part shall be made at
24the time of the disposition of the vehicle or essential part.
25Failure to make the entries required in or at the times
26prescribed by this subsection following the acquisition or

 

 

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1disposition of such vehicle or essential part shall constitute
2a failure to keep records.
3    (d) Every person licensed or required to be licensed shall,
4before accepting delivery of a used vehicle, inspect the
5vehicle to determine whether the manufacturer's public vehicle
6identification number has been defaced, destroyed, falsified,
7removed, altered, or tampered with in any way. If the person
8making the inspection determines that the manufacturer's
9public vehicle identification number has been altered,
10removed, defaced, destroyed, falsified or tampered with he
11shall not acquire that vehicle but instead shall promptly
12notify law enforcement authorities of his finding.
13    (e) The information required to be kept in subsection (a)
14of this Section shall be kept in a manner prescribed by rule or
15regulation of the Secretary of State.
16    (f) Every person licensed or required to be licensed shall
17have in his possession a separate certificate of title, salvage
18certificate, junking certificate, certificate of purchase,
19uniform invoice, out-of-state bill of sale or other acceptable
20documentary evidence of his right to the possession of every
21vehicle or essential part.
22    (g) Every person licensed or required to be licensed as a
23transporter under Section 5-201 shall maintain for 3 years, in
24such form as the Secretary of State may by rule or regulation
25prescribe, at his principal place of business a record of every
26vehicle transported by him, including numbers of or other marks

 

 

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1of identification thereof, the names and addresses of persons
2from whom and to whom the vehicle was delivered and the dates
3of delivery.
4    (h) No later than 15 days prior to going out of business,
5selling the business, or transferring the ownership of the
6business, the licensee shall notify the Secretary of State that
7he is going out of business or that he is transferring the
8ownership of the business. Failure to notify under this
9paragraph shall constitute a failure to keep records.
10    (i) (Blank).
11    (j) A person who knowingly fails to comply with the
12provisions of this Section or knowingly fails to obey, observe,
13or comply with any order of the Secretary or any law
14enforcement agency issued in accordance with this Section is
15guilty of a Class B misdemeanor for the first violation and a
16Class A misdemeanor for the second and subsequent violations.
17Each violation constitutes a separate and distinct offense and
18a separate count may be brought in the same indictment or
19information for each vehicle or each essential part of a
20vehicle for which a record was not kept as required by this
21Section.
22    (k) Any person convicted of failing to keep the records
23required by this Section with intent to conceal the identity or
24origin of a vehicle or its essential parts or with intent to
25defraud the public in the transfer or sale of vehicles or their
26essential parts is guilty of a Class 2 felony. Each violation

 

 

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1constitutes a separate and distinct offense and a separate
2count may be brought in the same indictment or information for
3each vehicle or essential part of a vehicle for which a record
4was not kept as required by this Section.
5    (l) A person may not be criminally charged with or
6convicted of both a knowing failure to comply with this Section
7and a knowing failure to comply with any order, if both
8offenses involve the same record keeping violation.
9    (m) The Secretary shall adopt rules necessary for
10implementation of this Section, which may include the
11imposition of administrative fines.
12(Source: P.A. 101-505, eff. 1-1-20.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.