Sen. Andy Manar

Filed: 3/5/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1934

2    AMENDMENT NO. ______. Amend Senate Bill 1934 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-117.2, 3-308, 5-301, and 5-803 as follows:
 
6    (625 ILCS 5/3-117.2)  (from Ch. 95 1/2, par. 3-117.2)
7    Sec. 3-117.2. Junk Vehicle Notification. Beginning July 1,
81989 a person licensed as an automotive parts recycler or a
9scrap processor pursuant to Section 5-301 of this Code who
10acquires a properly assigned Certificate of Title, a Salvage
11Certificate, a Certificate of Purchase, or a similarly
12acceptable out-of-state document of ownership pursuant to
13Section 5-401.3 of this Code, shall within 15 days of acquiring
14such document, submit it to the Secretary of State along with a
15Junk Vehicle Notification, the form and manner for which shall
16be as prescribed by Secretary of State rule or regulation. An

 

 

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1automotive parts recycler or a A scrap processor who acquires
2the above named documents of ownership pursuant to Section
35-401.3 shall not be required to apply for or obtain a junking
4certificate. The information contained on a Junk Vehicle
5Notification shall be duly recorded by the Secretary of State
6upon the receipt of such Notification. The Secretary of State
7shall not again issue a Certificate of Title or Salvage
8Certificate for any vehicle listed on a Junk Vehicle
9Notification.
10(Source: P.A. 85-1204.)
 
11    (625 ILCS 5/3-308)  (from Ch. 95 1/2, par. 3-308)
12    Sec. 3-308. Inspection of rebuilt vehicles.
13    (a) The Secretary of State shall inspect any vehicle 3 8
14model years of age or newer for which an application for a
15certificate of title for a rebuilt vehicle will be submitted,
16or any foreign vehicle which is or may have been salvage as
17defined under the provisions of this Code.
18    (b) The inspection of the vehicle shall include an
19examination of the vehicle and its parts and of the application
20and proof of notification, if applicable, to determine that:
21        (1) the identification numbers of the vehicle or its
22    parts have not been removed, falsified, altered, defaced,
23    destroyed, or tampered with;
24        (2) all information contained in the application for a
25    certificate of title is true and correct; and

 

 

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1        (3) there are no indications that the vehicle or any of
2    its parts have been stolen.
3    (c) The Secretary of State shall: , by rule or regulation,
4carry out and implement the provisions contained in this
5Section.
6        (1) Authorize an individual having been consecutively
7    licensed as an automotive parts recycler and a rebuilder
8    under Section 5-301 for a minimum of 5 years to carry out
9    and implement the provisions contained in this Section.
10        (2) Except as provided in paragraph (1), carry out and
11    implement by rule the provisions contained in this Section.
12    (d) All fees received by the Secretary of State from the
13inspection of vehicles under this Section shall be applied
14towards the maintenance of the vehicle inspection program and
15the personnel costs required for the operation of such program.
16(Source: P.A. 89-433, eff. 12-15-95.)
 
17    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
18    Sec. 5-301. Automotive parts recyclers, scrap processors,
19repairers and rebuilders must be licensed.
20    (a) No person in this State shall, except as an incident to
21the servicing of vehicles, carry on or conduct the business of
22an automotive parts recycler, a scrap processor, a repairer, or
23a rebuilder, unless licensed to do so in writing by the
24Secretary of State under this Section. No person shall rebuild
25a salvage vehicle unless such person is licensed as a rebuilder

 

 

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1by the Secretary of State under this Section. No person shall
2engage in the business of acquiring 5 or more previously owned
3vehicles in one calendar year for the primary purpose of
4disposing of those vehicles in the manner described in the
5definition of a "scrap processor" in this Code unless the
6person is licensed as an automotive parts recycler by the
7Secretary of State under this Section. No person shall engage
8in the act of dismantling, crushing, or altering a vehicle into
9another form using machinery or equipment unless licensed to do
10so and only from the fixed location identified on the license
11issued by the Secretary. Each license shall be applied for and
12issued separately, except that a license issued to a new
13vehicle dealer under Section 5-101 of this Code shall also be
14deemed to be a repairer license.
15    (b) Any application filed with the Secretary of State,
16shall be duly verified by oath, in such form as the Secretary
17of State may by rule or regulation prescribe and shall contain:
18        1. The name and type of business organization of the
19    applicant and his principal or additional places of
20    business, if any, in this State.
21        2. The kind or kinds of business enumerated in
22    subsection (a) of this Section to be conducted at each
23    location.
24        3. If the applicant is a corporation, a list of its
25    officers, directors, and shareholders having a ten percent
26    or greater ownership interest in the corporation, setting

 

 

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1    forth the residence address of each; if the applicant is a
2    sole proprietorship, a partnership, an unincorporated
3    association, a trust, or any similar form of business
4    organization, the names and residence address of the
5    proprietor or of each partner, member, officer, director,
6    trustee or manager.
7        4. A statement that the applicant's officers,
8    directors, shareholders having a ten percent or greater
9    ownership interest therein, proprietor, partner, member,
10    officer, director, trustee, manager, or other principals
11    in the business have not committed in the past three years
12    any one violation as determined in any civil or criminal or
13    administrative proceedings of any one of the following
14    Acts:
15            (a) the Anti-Theft Laws of the Illinois Vehicle
16        Code;
17            (b) the "Certificate of Title Laws" of the Illinois
18        Vehicle Code;
19            (c) the "Offenses against Registration and
20        Certificates of Title Laws" of the Illinois Vehicle
21        Code;
22            (d) the "Dealers, Transporters, Wreckers and
23        Rebuilders Laws" of the Illinois Vehicle Code;
24            (e) Section 21-2 of the Criminal Code of 1961 or
25        the Criminal Code of 2012, Criminal Trespass to
26        Vehicles; or

 

 

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1            (f) the Retailers Occupation Tax Act.
2        5. A statement that the applicant's officers,
3    directors, shareholders having a ten percent or greater
4    ownership interest therein, proprietor, partner, member,
5    officer, director, trustee, manager or other principals in
6    the business have not committed in any calendar year 3 or
7    more violations, as determined in any civil or criminal or
8    administrative proceedings, of any one or more of the
9    following Acts:
10            (a) the Consumer Finance Act;
11            (b) the Consumer Installment Loan Act;
12            (c) the Retail Installment Sales Act;
13            (d) the Motor Vehicle Retail Installment Sales
14        Act;
15            (e) the Interest Act;
16            (f) the Illinois Wage Assignment Act;
17            (g) Part 8 of Article XII of the Code of Civil
18        Procedure; or
19            (h) the Consumer Fraud Act.
20        6. An application for a license shall be accompanied by
21    the following fees: $50 for applicant's established place
22    of business; $25 for each additional place of business, if
23    any, to which the application pertains; provided, however,
24    that if such an application is made after June 15 of any
25    year, the license fee shall be $25 for applicant's
26    established place of business plus $12.50 for each

 

 

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1    additional place of business, if any, to which the
2    application pertains. License fees shall be returnable
3    only in the event that such application shall be denied by
4    the Secretary of State.
5        7. A statement that the applicant understands Chapter 1
6    through Chapter 5 of this Code.
7        8. A statement that the applicant shall comply with
8    subsection (e) of this Section.
9        9. A statement indicating if the applicant, including
10    any of the applicant's affiliates or predecessor
11    corporations, has been subject to the revocation or
12    nonrenewal of a business license by a municipality under
13    Section 5-501.5 of this Code.
14        10. The applicant's National Motor Vehicle Title
15    Information System number and a statement of compliance if
16    applicable.
17    (c) Any change which renders no longer accurate any
18information contained in any application for a license filed
19with the Secretary of State shall be amended within 30 days
20after the occurrence of such change on such form as the
21Secretary of State may prescribe by rule or regulation,
22accompanied by an amendatory fee of $2.
23    (d) Anything in this Chapter to the contrary,
24notwithstanding, no person shall be licensed under this Section
25unless such person shall maintain an established place of
26business as defined in this Chapter.

 

 

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1    (e) The Secretary of State shall within a reasonable time
2after receipt thereof, examine an application submitted to him
3under this Section and unless he makes a determination that the
4application submitted to him does not conform with the
5requirements of this Section or that grounds exist for a denial
6of the application, as prescribed in Section 5-501 of this
7Chapter, grant the applicant an original license as applied for
8in writing for his established place of business and a
9supplemental license in writing for each additional place of
10business in such form as he may prescribe by rule or regulation
11which shall include the following:
12        1. the name of the person licensed;
13        2. if a corporation, the name and address of its
14    officers or if a sole proprietorship, a partnership, an
15    unincorporated association or any similar form of business
16    organization, the name and address of the proprietor or of
17    each partner, member, officer, director, trustee or
18    manager;
19        3. a designation of the kind or kinds of business
20    enumerated in subsection (a) of this Section to be
21    conducted at each location;
22        4. in the case of an original license, the established
23    place of business of the licensee;
24        5. in the case of a supplemental license, the
25    established place of business of the licensee and the
26    additional place of business to which such supplemental

 

 

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1    license pertains.
2    (f) The appropriate instrument evidencing the license or a
3certified copy thereof, provided by the Secretary of State
4shall be kept, posted, conspicuously in the established place
5of business of the licensee and in each additional place of
6business, if any, maintained by such licensee. The licensee
7also shall post conspicuously in the established place of
8business and in each additional place of business a notice
9which states that such business is required to be licensed by
10the Secretary of State under Section 5-301, and which provides
11the license number of the business and the license expiration
12date. This notice also shall advise the consumer that any
13complaints as to the quality of service may be brought to the
14attention of the Attorney General. The information required on
15this notice also shall be printed conspicuously on all
16estimates and receipts for work by the licensee subject to this
17Section. The Secretary of State shall prescribe the specific
18format of this notice.
19    (g) Except as provided in subsection (h) hereof, licenses
20granted under this Section shall expire by operation of law on
21December 31 of the calendar year for which they are granted
22unless sooner revoked, nonrenewed, or cancelled under the
23provisions of Section 5-501 or 5-501.5 of this Chapter.
24    (h) Any license granted under this Section may be renewed
25upon application and payment of the fee required herein as in
26the case of an original license, provided, however, that in

 

 

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1case an application for the renewal of an effective license is
2made during the month of December, such effective license shall
3remain in force until such application is granted or denied by
4the Secretary of State.
5    (i) All automotive repairers and rebuilders shall, in
6addition to the requirements of subsections (a) through (h) of
7this Section, meet the following licensing requirements:
8        1. provide proof that the property on which first time
9    applicants plan to do business is in compliance with local
10    zoning laws and regulations, and a listing of zoning
11    classification;
12        2. provide proof that the applicant for a repairer's
13    license complies with the proper workers' compensation
14    rate code or classification, and listing the code of
15    classification for that industry;
16        3. provide proof that the applicant for a rebuilder's
17    license complies with the proper workers' compensation
18    rate code or classification for the repair industry or the
19    auto parts recycling industry and listing the code of
20    classification;
21        4. provide proof that the applicant has obtained or
22    applied for a hazardous waste generator number, and listing
23    the actual number if available or certificate of exemption;
24        5. provide proof that applicant has proper liability
25    insurance, and listing the name of the insurer and the
26    policy number; and

 

 

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1        6. provide proof that the applicant has obtained or
2    applied for the proper State sales tax classification and
3    federal identification tax number, and listing the actual
4    numbers if available.
5    (i-1) All automotive repairers shall provide proof that
6they comply with all requirements of the Automotive Collision
7Repair Act.
8    (j) All automotive parts recyclers shall, in addition to
9the requirements of subsections (a) through (h) of this
10Section, meet the following licensing requirements:
11        1. provide a statement that the applicant purchases 5
12    vehicles per year or has 5 hulks or chassis in stock;
13        2. provide proof that the property on which all first
14    time applicants will do business does comply to the proper
15    local zoning laws in existence, and a listing of zoning
16    classifications;
17        3. provide proof that applicant complies with the
18    proper workers' compensation rate code or classification,
19    and listing the code of classification; and
20        4. provide proof that applicant has obtained or applied
21    for the proper State sales tax classification and federal
22    identification tax number, and listing the actual numbers
23    if available.
24(Source: P.A. 100-409, eff. 8-25-17.)
 
25    (625 ILCS 5/5-803)

 

 

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1    Sec. 5-803. Administrative penalties. Instead of filing a
2criminal complaint against a new or used vehicle dealer, or
3against any other entity licensed by the Secretary under this
4Code, or any other unlicensed entity acting in violation of
5this Code, a Secretary of State Police investigator may issue
6administrative citations for violations of any of the
7provisions of this Code or any administrative rule adopted by
8the Secretary under this Code. A party receiving a citation
9shall have the right to contest the citation in proceedings
10before the Secretary of State Department of Administrative
11Hearings. Penalties imposed by issuance of an administrative
12citation shall not exceed $50 per violation. A penalty may not
13be imposed unless, during the course of a single investigation
14or upon review of the party's records, the party is found to
15have committed at least 3 separate violations of one or more of
16the provisions of this Code or any administrative rule adopted
17by the Secretary under this Code. Penalties paid as a result of
18the issuance of administrative citations shall be deposited in
19the Secretary of State Police Services Fund.
20(Source: P.A. 97-838, eff. 7-20-12; 98-177, eff. 1-1-14.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".