SB1542 EnrolledLRB102 15769 RAM 21136 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
5changing Section 5-402.1 as follows:
 
6    (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)
7    Sec. 5-402.1. Use of Secretary of State Uniform Invoice
8for Essential Parts.
9    (a) Except for scrap processors, every person licensed or
10required to be licensed under Section 5-101, 5-101.1, 5-102,
115-102.8, or 5-301 of this Code shall issue, in a form the
12Secretary of State may by rule or regulation prescribe, a
13Uniform Invoice, which may also act as a bill of sale, made out
14in triplicate with respect to each transaction in which he
15disposes of an essential part other than quarter panels and
16transmissions of vehicles of the first division. Such Invoice
17shall be made out at the time of the disposition of the
18essential part. If the licensee disposes of several essential
19parts in the same transaction, the licensee may issue one
20Uniform Invoice covering all essential parts disposed of in
21that transaction.
22    (b) The following information shall be contained on the
23Uniform Invoice:

 

 

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1        (1) the business name, address and dealer license
2    number of the person disposing of the essential part;
3        (2) the name and address of the person acquiring the
4    essential part, and if that person is a dealer, the
5    Illinois or out-of-state dealer license number of that
6    dealer;
7        (3) the date of the disposition of the essential part;
8        (4) the year, make, model, color and description of
9    each essential part disposed of by the person;
10        (5) the manufacturer's vehicle identification number,
11    Secretary of State identification number or Illinois
12    Department of State Police identification number, for each
13    essential part disposed of by the person;
14        (6) the printed name and legible signature of the
15    person or agent disposing of the essential part; and
16        (7) if the person is a dealer the printed name and
17    legible signature of the dealer or his agent or employee
18    accepting delivery of the essential part.
19    (c) Except for scrap processors, and except as set forth
20in subsection (d) of this Section, whenever a person licensed
21or required to be licensed by Section 5-101, 5-101.1, 5-102,
22or 5-301 accepts delivery of an essential part, other than
23quarter panels and transmissions of vehicles of the first
24division, that person shall, at the time of the acceptance or
25delivery, comply with the following procedures:
26        (1) Before acquiring or accepting delivery of any

 

 

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1    essential part, the licensee or his authorized agent or
2    employee shall inspect the part to determine whether the
3    vehicle identification number, Secretary of State
4    identification number, Illinois Department of State Police
5    identification number, or identification plate or sticker
6    attached to or stamped on any part being acquired or
7    delivered has been removed, falsified, altered, defaced,
8    destroyed, or tampered with. If the licensee or his agent
9    or employee determines that the vehicle identification
10    number, Secretary of State identification number, Illinois
11    Department of State Police identification number,
12    identification plate or identification sticker containing
13    an identification number, or Federal Certificate label of
14    an essential part has been removed, falsified, altered,
15    defaced, destroyed or tampered with, the licensee or agent
16    shall not accept or receive that part.
17        If that part was physically acquired by or delivered
18    to a licensee or his agent or employee while that
19    licensee, agent or employee was outside this State, that
20    licensee or agent or employee shall not bring that
21    essential part into this State or cause it to be brought
22    into this State.
23        (2) If the person disposing of or delivering the
24    essential part to the licensee is a licensed in-state or
25    out-of-state dealer, the licensee or his agent or
26    employee, after inspecting the essential part as required

 

 

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1    by paragraph (1) of this subsection (c), shall examine the
2    Uniform Invoice, or bill of sale, as the case may be, to
3    ensure that it contains all the information required to be
4    provided by persons disposing of essential parts as set
5    forth in subsection (b) of this Section. If the Uniform
6    Invoice or bill of sale does not contain all the
7    information required to be listed by subsection (b) of
8    this Section, the dealer disposing of or delivering such
9    part or his agent or employee shall record such additional
10    information or other needed modifications on the Uniform
11    Invoice or bill of sale or, if needed, an attachment
12    thereto. The dealer or his agent or employee delivering
13    the essential part shall initial all additions or
14    modifications to the Uniform Invoice or bill of sale and
15    legibly print his name at the bottom of each document
16    containing his initials. If the transaction involves a
17    bill of sale rather than a Uniform Invoice, the licensee
18    or his agent or employee accepting delivery of or
19    acquiring the essential part shall affix his printed name
20    and legible signature on the space on the bill of sale
21    provided for his signature or, if no space is provided, on
22    the back of the bill of sale. If the dealer or his agent or
23    employee disposing of or delivering the essential part
24    cannot or does not provide all the information required by
25    subsection (b) of this Section, the licensee or his agent
26    or employee shall not accept or receive any essential part

 

 

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1    for which that required information is not provided. If
2    such essential part for which the information required is
3    not fully provided was physically acquired while the
4    licensee or his agent or employee was outside this State,
5    the licensee or his agent or employee shall not bring that
6    essential part into this State or cause it to be brought
7    into this State.
8        (3) If the person disposing of the essential part is
9    not a licensed dealer, the licensee or his agent or
10    employee shall, after inspecting the essential part as
11    required by paragraph (1) of subsection (c) of this
12    Section verify the identity of the person disposing of the
13    essential part by examining 2 sources of identification,
14    one of which shall be either a driver's license or state
15    identification card. The licensee or his agent or employee
16    shall then prepare a Uniform Invoice listing all the
17    information required to be provided by subsection (b) of
18    this Section. In the space on the Uniform Invoice provided
19    for the dealer license number of the person disposing of
20    the part, the licensee or his agent or employee shall list
21    the numbers taken from the documents of identification
22    provided by the person disposing of the part. The person
23    disposing of the part shall affix his printed name and
24    legible signature on the space on the Uniform Invoice
25    provided for the person disposing of the essential part
26    and the licensee or his agent or employee acquiring the

 

 

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1    part shall affix his printed name and legible signature on
2    the space provided on the Uniform Invoice for the person
3    acquiring the essential part. If the person disposing of
4    the essential part cannot or does not provide all the
5    information required to be provided by this paragraph, or
6    does not present 2 satisfactory forms of identification,
7    the licensee or his agent or employee shall not acquire
8    that essential part.
9    (d) If an essential part other than quarter panels and
10transmissions of vehicles of the first division was delivered
11by a licensed commercial delivery service delivering such part
12on behalf of a licensed dealer, the person required to comply
13with subsection (c) of this Section may conduct the inspection
14of that part required by paragraph (1) of subsection (c) and
15examination of the Uniform Invoice or bill of sale required by
16paragraph (2) of subsection (c) of this Section immediately
17after the acceptance of the part.
18        (1) If the inspection of the essential part pursuant
19    to paragraph (1) of subsection (c) reveals that the
20    vehicle identification number, Secretary of State
21    identification number, Illinois Department of State Police
22    identification number, identification plate or sticker
23    containing an identification number, or Federal
24    Certificate label of an essential part has been removed,
25    falsified, altered, defaced, destroyed or tampered with,
26    the licensee or his agent shall immediately record such

 

 

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1    fact on the Uniform Invoice or bill of sale, assign the
2    part an inventory or stock number, place such inventory or
3    stock number on both the essential part and the Uniform
4    Invoice or bill of sale, and record the date of the
5    inspection of the part on the Uniform Invoice or bill of
6    sale. The licensee shall, within 7 days of such
7    inspection, return such part to the dealer from whom it
8    was acquired.
9        (2) If the examination of the Uniform Invoice or bill
10    of sale pursuant to paragraph (2) of subsection (c)
11    reveals that any of the information required to be listed
12    by subsection (b) of this Section is missing, the licensee
13    or person required to be licensed shall immediately assign
14    a stock or inventory number to such part, place such stock
15    or inventory number on both the essential part and the
16    Uniform Invoice or bill of sale, and record the date of
17    examination on the Uniform Invoice or bill of sale. The
18    licensee or person required to be licensed shall acquire
19    the information missing from the Uniform Invoice or bill
20    of sale within 7 days of the examination of such Uniform
21    Invoice or bill of sale. Such information may be received
22    by telephone conversation with the dealer from whom the
23    part was acquired. If the dealer provides the missing
24    information the licensee shall record such information on
25    the Uniform Invoice or bill of sale along with the name of
26    the person providing the information. If the dealer does

 

 

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1    not provide the required information within the
2    aforementioned 7 day period, the licensee shall return the
3    part to that dealer.
4    (e) Except for scrap processors, all persons licensed or
5required to be licensed who acquire or dispose of essential
6parts other than quarter panels and transmissions of vehicles
7of the first division shall retain a copy of the Uniform
8Invoice required to be made by subsections (a), (b) and (c) of
9this Section for a period of 3 years.
10    (f) Except for scrap processors, any person licensed or
11required to be licensed under Sections 5-101, 5-102 or 5-301
12who knowingly fails to record on a Uniform Invoice any of the
13information or entries required to be recorded by subsections
14(a), (b) and (c) of this Section, or who knowingly places false
15entries or other misleading information on such Uniform
16Invoice, or who knowingly fails to retain for 3 years a copy of
17a Uniform Invoice reflecting transactions required to be
18recorded by subsections (a), (b) and (c) of this Section, or
19who knowingly acquires or disposes of essential parts without
20receiving, issuing, or executing a Uniform Invoice reflecting
21that transaction as required by subsections (a), (b) and (c)
22of this Section, or who brings or causes to be brought into
23this State essential parts for which the information required
24to be recorded on a Uniform Invoice is not recorded as
25prohibited by subsection (c) of this Section, or who knowingly
26fails to comply with the provisions of this Section in any

 

 

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1other manner shall be guilty of a Class 2 felony. Each
2violation shall constitute a separate and distinct offense and
3a separate count may be brought in the same indictment or
4information for each essential part for which a record was not
5kept as required by this Section or for which the person failed
6to comply with other provisions of this Section.
7    (g) The records required to be kept by this Section may be
8examined by a person or persons making a lawful inspection of
9the licensee's premises pursuant to Section 5-403.
10    (h) The records required to be kept by this Section shall
11be retained by the licensee at his principal place of business
12for a period of 3 7 years.
13    (i) The requirements of this Section shall not apply to
14the disposition of an essential part other than a cowl which
15has been damaged or altered to a state in which it can no
16longer be returned to a usable condition and which is being
17sold or transferred to a scrap processor or for delivery to a
18scrap processor.
19(Source: P.A. 101-505, eff. 1-1-20.)