97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3502

 

Introduced 2/8/2012, by Sen. Wm. Sam McCann

 

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 a person required to keep a separate certificate of title, salvage certificate, junking certificate, certificate of purchase, uniform invoice, out-of-state bill of sale, or other acceptable documentary evidence of his or her right to the possession of every vehicle or essential part who operates 2 or more established places of businesses within a 20 minute radius of each other may hold all original acceptable documentary evidence of the person's right to possess each vehicle or essential part at one of the established places of business. Provides that the person shall keep copies of the ownership documents at the location where the vehicle or essential part is held for resale.


LRB097 19883 HEP 65167 b

 

 

A BILL FOR

 

SB3502LRB097 19883 HEP 65167 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 5-401.2 as follows:
 
6    (625 ILCS 5/5-401.2)  (from Ch. 95 1/2, par. 5-401.2)
7    Sec. 5-401.2. Licensees required to keep records and make
8inspections.
9    (a) Every person licensed or required to be licensed under
10Section 5-101, 5-101.1, 5-102, 5-301 or 5-302 of this Code,
11shall, with the exception of scrap processors, maintain for 3
12years, in a form as the Secretary of State may by rule or
13regulation prescribe, at his established place of business,
14additional place of business, or principal place of business if
15licensed under Section 5-302, the following records relating to
16the acquisition or disposition of vehicles and their essential
17parts possessed in this State, brought into this State from
18another state, territory or country, or sold or transferred to
19another person in this State or in another state, territory, or
20country.
21        (1) The following records pertaining to new or used
22    vehicles shall be kept:
23            (A) the year, make, model, style and color of the

 

 

SB3502- 2 -LRB097 19883 HEP 65167 b

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

 

 

SB3502- 3 -LRB097 19883 HEP 65167 b

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

 

 

SB3502- 4 -LRB097 19883 HEP 65167 b

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

 

 

SB3502- 5 -LRB097 19883 HEP 65167 b

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

 

 

SB3502- 6 -LRB097 19883 HEP 65167 b

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

 

 

SB3502- 7 -LRB097 19883 HEP 65167 b

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

 

 

SB3502- 8 -LRB097 19883 HEP 65167 b

1kept:
2        (A) the year, make, model, style and color of the
3    vehicle;
4        (B) the vehicle's manufacturer's identification number
5    of the vehicle or, if applicable, the Secretary of State or
6    Illinois Department of State Police identification number;
7        (C) the date the vehicle was acquired;
8        (D) the name and address of the person from whom the
9    vehicle was acquired, and if that person is a dealer, the
10    Illinois or out-of-state dealer license number of that
11    person;
12        (E) the salvage certificate number for the vehicle;
13        (F) the newly issued certificate of title number for
14    the vehicle;
15        (G) the date of disposition of the vehicle;
16        (H) the name and address of the person to whom the
17    vehicle was disposed, and if a dealer, the Illinois or
18    out-of-state dealer license number of that dealer;
19        (I) The sale price of the vehicle.
20    (a-1) A person licensed or required to be licensed under
21Section 5-101 or Section 5-102 of this Code who issues
22temporary registration permits as permitted by this Code and by
23rule must electronically file the registration with the
24Secretary and must maintain records of the registration in the
25manner prescribed by the Secretary.
26    (b) A failure to make separate entries for each vehicle

 

 

SB3502- 9 -LRB097 19883 HEP 65167 b

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

 

 

SB3502- 10 -LRB097 19883 HEP 65167 b

1removed, defaced, destroyed, falsified or tampered with he
2shall not acquire that vehicle but instead shall promptly
3notify law enforcement authorities of his finding.
4    (e) The information required to be kept in subsection (a)
5of this Section shall be kept in a manner prescribed by rule or
6regulation of the Secretary of State.
7    (f) Every person licensed or required to be licensed shall
8have in his possession a separate certificate of title, salvage
9certificate, junking certificate, certificate of purchase,
10uniform invoice, out-of-state bill of sale or other acceptable
11documentary evidence of his right to the possession of every
12vehicle or essential part. A person licensed or required to be
13licensed who operates 2 or more established places of
14businesses within a 20 minute radius of each other may hold all
15original acceptable documentary evidence of the person's right
16to possess each vehicle or essential part at one of the
17established places of business. The person shall keep copies of
18the ownership documents at the location where the vehicle or
19essential part is held for resale.
20    (g) Every person licensed or required to be licensed as a
21transporter under Section 5-201 shall maintain for 3 years, in
22such form as the Secretary of State may by rule or regulation
23prescribe, at his principal place of business a record of every
24vehicle transported by him, including numbers of or other marks
25of identification thereof, the names and addresses of persons
26from whom and to whom the vehicle was delivered and the dates

 

 

SB3502- 11 -LRB097 19883 HEP 65167 b

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

 

 

SB3502- 12 -LRB097 19883 HEP 65167 b

1each vehicle or essential part of a vehicle for which a record
2was not kept as required by this Section.
3    (l) A person may not be criminally charged with or
4convicted of both a knowing failure to comply with this Section
5and a knowing failure to comply with any order, if both
6offenses involve the same record keeping violation.
7    (m) The Secretary shall adopt rules necessary for
8implementation of this Section, which may include the
9imposition of administrative fines.
10(Source: P.A. 91-415, eff. 1-1-00; 92-773, eff. 8-6-02.)