Rep. Edward J. Acevedo

Filed: 5/19/2011

 

 


 

 


 
09700HB2912ham001LRB097 08953 AEK 55856 a

1
AMENDMENT TO HOUSE BILL 2912

2    AMENDMENT NO. ______. Amend House Bill 2912 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 5-301, 5-401.3 and 5-402.1 as follows:
 
6    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
7    Sec. 5-301. Automotive parts recyclers, scrap processors,
8repairers and rebuilders must be licensed.
9    (a) No person in this State shall, except as an incident to
10the servicing of vehicles, carry on or conduct the business of
11a automotive parts recyclers, a scrap processor, a repairer, or
12a rebuilder, unless licensed to do so in writing by the
13Secretary of State under this Section. No person shall rebuild
14a salvage vehicle unless such person is licensed as a rebuilder
15by the Secretary of State under this Section. Each license
16shall be applied for and issued separately, except that a

 

 

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1license issued to a new vehicle dealer under Section 5-101 of
2this Code shall also be deemed to be a repairer license.
3    (a-5) No recyclable metal dealer may acquire or possess a
4vehicle, junk vehicle, vehicle cowl, or essential vehicle
5parts, as defined by Section 1-118 of this Code, for the
6purpose of processing them into a form other than a vehicle
7unless that recyclable metal dealer is also licensed by the
8Secretary of State as a scrap processor pursuant to this
9Section. A recyclable metal dealer who fails to obtain a scrap
10processor's license shall be subject to the provisions of
11Sections 5-503 and 5-801 of this Code.
12    (b) Any application filed with the Secretary of State,
13shall be duly verified by oath, in such form as the Secretary
14of State may by rule or regulation prescribe and shall contain:
15        1. The name and type of business organization of the
16    applicant and his principal or additional places of
17    business, if any, in this State.
18        2. The kind or kinds of business enumerated in
19    subsection (a) of this Section to be conducted at each
20    location.
21        3. If the applicant is a corporation, a list of its
22    officers, directors, and shareholders having a ten percent
23    or greater ownership interest in the corporation, setting
24    forth the residence address of each; if the applicant is a
25    sole proprietorship, a partnership, an unincorporated
26    association, a trust, or any similar form of business

 

 

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

 

 

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

 

 

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1        7. A statement that the applicant understands Chapter 1
2    through Chapter 5 of this Code.
3        8. A statement that the applicant shall comply with
4    subsection (e) of this Section.
5    (c) Any change which renders no longer accurate any
6information contained in any application for a license filed
7with the Secretary of State shall be amended within 30 days
8after the occurrence of such change on such form as the
9Secretary of State may prescribe by rule or regulation,
10accompanied by an amendatory fee of $2.
11    (d) Anything in this chapter to the contrary,
12notwithstanding, no person shall be licensed under this Section
13unless such person shall maintain an established place of
14business as defined in this Chapter.
15    (e) The Secretary of State shall within a reasonable time
16after receipt thereof, examine an application submitted to him
17under this Section and unless he makes a determination that the
18application submitted to him does not conform with the
19requirements of this Section or that grounds exist for a denial
20of the application, as prescribed in Section 5-501 of this
21Chapter, grant the applicant an original license as applied for
22in writing for his established place of business and a
23supplemental license in writing for each additional place of
24business in such form as he may prescribe by rule or regulation
25which shall include the following:
26        1. The name of the person licensed;

 

 

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1        2. If a corporation, the name and address of its
2    officers or if a sole proprietorship, a partnership, an
3    unincorporated association or any similar form of business
4    organization, the name and address of the proprietor or of
5    each partner, member, officer, director, trustee or
6    manager;
7        3. A designation of the kind or kinds of business
8    enumerated in subsection (a) of this Section to be
9    conducted at each location;
10        4. In the case of an original license, the established
11    place of business of the licensee;
12        5. In the case of a supplemental license, the
13    established place of business of the licensee and the
14    additional place of business to which such supplemental
15    license pertains.
16    (f) The appropriate instrument evidencing the license or a
17certified copy thereof, provided by the Secretary of State
18shall be kept, posted, conspicuously in the established place
19of business of the licensee and in each additional place of
20business, if any, maintained by such licensee. The licensee
21also shall post conspicuously in the established place of
22business and in each additional place of business a notice
23which states that such business is required to be licensed by
24the Secretary of State under Section 5-301, and which provides
25the license number of the business and the license expiration
26date. This notice also shall advise the consumer that any

 

 

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1complaints as to the quality of service may be brought to the
2attention of the Attorney General. The information required on
3this notice also shall be printed conspicuously on all
4estimates and receipts for work by the licensee subject to this
5Section. The Secretary of State shall prescribe the specific
6format of this notice.
7    (g) Except as provided in subsection (h) hereof, licenses
8granted under this Section shall expire by operation of law on
9December 31 of the calendar year for which they are granted
10unless sooner revoked or cancelled under the provisions of
11Section 5-501 of this Chapter.
12    (h) Any license granted under this Section may be renewed
13upon application and payment of the fee required herein as in
14the case of an original license, provided, however, that in
15case an application for the renewal of an effective license is
16made during the month of December, such effective license shall
17remain in force until such application is granted or denied by
18the Secretary of State.
19    (i) All automotive repairers and rebuilders shall, in
20addition to the requirements of subsections (a) through (h) of
21this Section, meet the following licensing requirements:
22        1. Provide proof that the property on which first time
23    applicants plan to do business is in compliance with local
24    zoning laws and regulations, and a listing of zoning
25    classification;
26        2. Provide proof that the applicant for a repairer's

 

 

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1    license complies with the proper workers' compensation
2    rate code or classification, and listing the code of
3    classification for that industry;
4        3. Provide proof that the applicant for a rebuilder's
5    license complies with the proper workers' compensation
6    rate code or classification for the repair industry or the
7    auto parts recycling industry and listing the code of
8    classification;
9        4. Provide proof that the applicant has obtained or
10    applied for a hazardous waste generator number, and listing
11    the actual number if available or certificate of exemption;
12        5. Provide proof that applicant has proper liability
13    insurance, and listing the name of the insurer and the
14    policy number; and
15        6. Provide proof that the applicant has obtained or
16    applied for the proper State sales tax classification and
17    federal identification tax number, and listing the actual
18    numbers if available.
19    (i-1) All automotive repairers shall provide proof that
20they comply with all requirements of the Automotive Collision
21Repair Act.
22    (j) All automotive parts recyclers shall, in addition to
23the requirements of subsections (a) through (h) of this
24Section, meet the following licensing requirements:
25        1. A statement that the applicant purchases 5 vehicles
26    per year or has 5 hulks or chassis in stock;

 

 

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1        2. Provide proof that the property on which all first
2    time applicants will do business does comply to the proper
3    local zoning laws in existence, and a listing of zoning
4    classifications;
5        3. Provide proof that applicant complies with the
6    proper workers' compensation rate code or classification,
7    and listing the code of classification; and
8        4. Provide proof that applicant has obtained or applied
9    for the proper State sales tax classification and federal
10    identification tax number, and listing the actual numbers
11    if available.
12(Source: P.A. 94-784, eff. 1-1-07.)
 
13    (625 ILCS 5/5-401.3)  (from Ch. 95 1/2, par. 5-401.3)
14    Sec. 5-401.3. Scrap processors required to keep records.
15    (a) Every person licensed or required to be licensed as a
16scrap processor pursuant to Section 5-301 of this Chapter shall
17maintain for 3 years, at his established place of business, the
18following records relating to the acquisition of recyclable
19metals or the acquisition of a vehicle, junk vehicle, or
20vehicle cowl which has been acquired for the purpose of
21processing into a form other than a vehicle, junk vehicle or
22vehicle cowl which is possessed in the State or brought into
23this State from another state, territory or country. No scrap
24metal processor shall sell a vehicle or essential part, as
25such, except for engines, transmissions, and powertrains,

 

 

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1unless licensed to do so under another provision of this Code.
2A scrap processor who is additionally licensed as an automotive
3parts recycler shall not be subject to the record keeping
4requirements for a scrap processor when acting as an automotive
5parts recycler.
6        (1) For a vehicle, junk vehicle, or vehicle cowl
7    acquired from a person who is licensed under this Chapter,
8    the scrap processor shall record the name and address of
9    the person, and the Illinois or out-of-state dealer license
10    number of such person on the scrap processor's weight
11    ticket at the time of the acquisition. The person disposing
12    of the vehicle, junk vehicle, or vehicle cowl shall furnish
13    the scrap processor with documentary proof of ownership of
14    the vehicle, junk vehicle, or vehicle cowl in one of the
15    following forms: a Certificate of Title, a Salvage
16    Certificate, a Junking Certificate, or , a Secretary of
17    State Junking Manifest, a Uniform Invoice, a Certificate of
18    Purchase, or other similar documentary proof of ownership.
19    The scrap processor shall not acquire a vehicle, junk
20    vehicle or vehicle cowl without obtaining one of the
21    aforementioned documentary proofs of ownership.
22        (2) For a vehicle, junk vehicle or vehicle cowl
23    acquired from a person who is not licensed under this
24    Chapter, the scrap processor shall verify and record that
25    person's identity by recording the identification of such
26    person 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, on the scrap processor's weight ticket at the time of
3    the acquisition. The person disposing of the vehicle, junk
4    vehicle, or vehicle cowl shall furnish the scrap processor
5    with documentary proof of ownership of the vehicle, junk
6    vehicle, or vehicle cowl in one of the following forms: a
7    Certificate of Title, a Salvage Certificate, a Junking
8    Certificate, or , a Secretary of State Junking Manifest, a
9    Certificate of Purchase, or other similar documentary
10    proof of ownership. The scrap processor shall not acquire a
11    vehicle, junk vehicle or vehicle cowl without obtaining one
12    of the aforementioned documentary proofs of ownership.
13        (3) In addition to the other information required on
14    the scrap processor's weight ticket, a scrap processor who
15    at the time of acquisition of a vehicle, junk vehicle, or
16    vehicle cowl is furnished a Certificate of Title, a Salvage
17    Certificate, a Junking Certificate or a Certificate of
18    Purchase shall record the Vehicle Identification Number on
19    the weight ticket or affix a copy of the Certificate of
20    Title, Salvage Certificate, Junking Certificate or
21    Certificate of Purchase to the weight ticket and the
22    identification of the person acquiring the information on
23    the behalf of the scrap processor.
24        (4) The scrap processor shall maintain a copy of a Junk
25    Vehicle Notification relating to any Certificate of Title,
26    Salvage Certificate, Junking Certificate, Certificate of

 

 

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1    Purchase, or similarly acceptable out-of-state document
2    surrendered to the Secretary of State pursuant to the
3    provisions of Section 3-117.2 of this Code.
4        (5) For recyclable metals valued at $100 or more, the
5    scrap processor shall, for each transaction, record the
6    identity of the person from whom the recyclable metals were
7    acquired by verifying the identification of that person
8    from one source of identification, which shall be a valid
9    driver's license or State Identification Card, on the scrap
10    processor's weight ticket at the time of the acquisition
11    and by making and recording a photocopy or electronic scan
12    of the driver's license or State Identification Card. Such
13    information shall be available for inspection by any law
14    enforcement official. If the person delivering the
15    recyclable metal does not have a valid driver's license or
16    State Identification Card, the scrap processor shall not
17    complete the transaction. The inspection of records
18    pertaining only to recyclable metals shall not be counted
19    as an inspection of a premises for purposes of subparagraph
20    (7) of Section 5-403 of this Code.
21        This subdivision (a)(5) does not apply to electrical
22    contractors, to agencies or instrumentalities of the State
23    of Illinois or of the United States, to common carriers, to
24    purchases from persons, firms, or corporations regularly
25    engaged in the business of manufacturing recyclable metal,
26    in the business of selling recyclable metal at retail or

 

 

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1    wholesale, or in the business of razing, demolishing,
2    destroying, or removing buildings, to the purchase by one
3    recyclable metal dealer from another, or the purchase from
4    persons, firms, or corporations engaged in either the
5    generation, transmission, or distribution of electric
6    energy or in telephone, telegraph, and other
7    communications if such common carriers, persons, firms, or
8    corporations at the time of the purchase provide the
9    recyclable metal dealer with a bill of sale or other
10    written evidence of title to the recyclable metal. This
11    subdivision (a)(5) also does not apply to contractual
12    arrangements between dealers.
13    (b) Any licensee who knowingly fails to record any of the
14specific information required to be recorded on the weight
15ticket required under any other subsection of this Section, or
16Section 5-401 of this Code, or who knowingly fails to acquire
17and maintain for 3 years documentary proof of ownership in one
18of the prescribed forms shall be guilty of a Class A
19misdemeanor and subject to suspension of his or her license for
20a period of up to 3 years a fine not to exceed $1,000. Each
21violation shall constitute a separate and distinct offense and
22a separate count may be brought in the same complaint for each
23violation. Any licensee who commits a second violation of this
24Section within two years of a previous conviction of a
25violation of this Section shall be guilty of a Class 4 felony.
26    (c) It shall be an affirmative defense to an offense

 

 

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1brought under paragraph (b) of this Section that the licensee
2or person required to be licensed both reasonably and in good
3faith relied on information appearing on a Certificate of
4Title, a Salvage Certificate, a Junking Certificate, or , a
5Secretary of State Manifest, a Secretary of State's Uniform
6Invoice, a Certificate of Purchase, or other documentary proof
7of ownership prepared under Section 3-117.1(a) of this Code,
8relating to the transaction for which the required record was
9not kept which was supplied to the licensee by another licensee
10or an out-of-state dealer.
11    (d) No later than 15 days prior to going out of business,
12selling the business, or transferring the ownership of the
13business, the scrap processor shall notify the Secretary of
14that fact. Failure to so notify the Secretary of State shall
15constitute a failure to keep records under this Section.
16    (e) (Blank). Evidence derived directly or indirectly from
17the keeping of records required to be kept under this Section
18shall not be admissible in a prosecution of the licensee for an
19alleged violation of Section 4-102(a)(3) of this Code.
20    (f) Any scrap processor who finds a nonconforming vehicle
21identification number on any documentary proof of ownership of
22a vehicle, junk vehicle, or vehicle cowl provided by the person
23attempting to dispose of such item shall report the offense to
24the Secretary of State, including the name of the person
25attempting to dispose of the vehicle, junk vehicle, or vehicle
26cowl, the actual vehicle identification number, the

 

 

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1nonconforming vehicle number, the vehicle license plate
2number, a copy of the document used, and the license number of
3the person or persons involved in the attempted transaction.
4Any person licensed as a scrap processor pursuant to Section
55-301 who is found to be in violation of this subsection or any
6licensed entity found in violation of this subsection shall be
7subject to suspension of his, her, or its license for a period
8of up to 3 years. Any person in violation of this subsection
9shall be guilty of a Class 4 felony.
10(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
 
11    (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)
12    Sec. 5-402.1. Use of Secretary of State Uniform Invoice for
13Essential Parts.
14    (a) Except for scrap processors, every person licensed or
15required to be licensed under Section 5-101, 5-101.1, 5-102 or
165-301 of this Code shall issue, in a form the Secretary of
17State may by rule or regulation prescribe, a Uniform Invoice,
18which may also act as a bill of sale, made out in triplicate
19with respect to each transaction in which he disposes of an
20essential part other than quarter panels and transmissions of
21vehicles of the first division. Such Invoice shall be made out
22at the time of the disposition of the essential part. If the
23licensee disposes of several essential parts in the same
24transaction, the licensee may issue one Uniform Invoice
25covering all essential parts disposed of in that transaction.

 

 

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1    (b) The following information shall be contained on the
2Uniform Invoice:
3        (1) the business name, address and dealer license
4    number of the person disposing of the essential part;
5        (2) the name and address of the person acquiring the
6    essential part, and if that person is a dealer, the
7    Illinois or out-of-state dealer license number of that
8    dealer;
9        (3) the date of the disposition of the essential part;
10        (4) the year, make, model, color and description of
11    each essential part disposed of by the person;
12        (5) the manufacturer's vehicle identification number,
13    Secretary of State identification number or Illinois
14    Department of State Police identification number, for each
15    essential part disposed of by the person;
16        (6) the printed name and legible signature of the
17    person or agent disposing of the essential part; and
18        (7) if the person is a dealer the printed name and
19    legible signature of the dealer or his agent or employee
20    accepting delivery of the essential part.
21    (c) Except for scrap processors, and except as set forth in
22subsection (d) of this Section, whenever a person licensed or
23required to be licensed by Section 5-101, 5-101.1, 5-102, or
245-301 accepts delivery of an essential part, other than quarter
25panels and transmissions of vehicles of the first division,
26that person shall, at the time of the acceptance or delivery,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    agent shall immediately record such fact on the Uniform
2    Invoice or bill of sale, assign the part an inventory or
3    stock number, place such inventory or stock number on both
4    the essential part and the Uniform Invoice or bill of sale,
5    and record the date of the inspection of the part on the
6    Uniform Invoice or bill of sale. The licensee shall, within
7    7 days of such inspection, return such part to the dealer
8    from whom it was acquired.
9        (2) If the examination of the Uniform Invoice or bill
10    of sale pursuant to paragraph (2) of subsection (c) reveals
11    that any of the information required to be listed by
12    subsection (b) of this Section is missing, the licensee or
13    person required to be licensed shall immediately assign a
14    stock or inventory number to such part, place such stock or
15    inventory number on both the essential part and the Uniform
16    Invoice or bill of sale, and record the date of examination
17    on the Uniform Invoice or bill of sale. The licensee or
18    person required to be licensed shall acquire the
19    information missing from the Uniform Invoice or bill of
20    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) of
22this Section, or who brings or causes to be brought into this
23State essential parts for which the information required to be
24recorded on a Uniform Invoice is not recorded as prohibited by
25subsection (c) of this Section, or who knowingly fails to
26comply with the provisions of this Section in any other manner

 

 

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1shall be guilty of a Class 2 felony. Each violation shall
2constitute a separate and distinct offense and a separate count
3may be brought in the same indictment or information for each
4essential part for which a record was not kept as required by
5this Section or for which the person failed to comply with
6other 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 7 years.
13    (i) (Blank). The requirements of this Section shall not
14apply to the disposition of an essential part other than a cowl
15which has 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    (j) Scrap processors shall, under no circumstances, be
20permitted to use the Uniform Invoice for any purpose under this
21Chapter. Any person found in violation of this subsection (j)
22shall be guilty of a Class 4 felony.
23(Source: P.A. 91-415, eff. 1-1-00.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".