Illinois General Assembly - Full Text of HB3340
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Full Text of HB3340  97th General Assembly

HB3340ham001 97TH GENERAL ASSEMBLY

Rep. Daniel V. Beiser

Filed: 4/1/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3340

2    AMENDMENT NO. ______. Amend House Bill 3340 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 1-105.3, 1-171.01a, 1-171.01c, 3-117.1,
63-901, 3-902, 3-903, 3-904, 3-906, 3-907, 3-913, and 5-301 as
7follows:
 
8    (625 ILCS 5/1-105.3)
9    Sec. 1-105.3. Automotive parts recycler. A person who is in
10the business of acquiring previously owned vehicles and vehicle
11parts for the primary purpose of disposing of parts of vehicles
12in a manner other than that described in the definition of a
13"scrap processor" in this Code or disposing of previously owned
14vehicles in the manner described in the definition of a "scrap
15processor" in this Code.
16(Source: P.A. 90-89, eff. 1-1-98.)
 

 

 

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1    (625 ILCS 5/1-171.01a)
2    Sec. 1-171.01a. Remittance agent. For the purposes of
3Article IX of Chapter 3, the term "remittance agent" means any
4person who holds himself or herself out to the public as being
5engaged in or who engages in accepting money for remittance to
6the State of Illinois or any of its instrumentalities or
7political subdivisions, or to any of their officials, for the
8payment of registration plates, vehicle certificates of title,
9taxes, vehicle taxes or vehicle license or registration fees
10regardless of when the money is accepted from the public or
11remitted to the State, whether or not the person renders any
12other service in connection with the making of any such
13remittance or is engaged in any other endeavor. The term
14"remittance agent" does not include any licensed dealer in
15motor vehicles who accepts money for remittance to the State of
16Illinois for the payment of registration plates, vehicle
17certificates of title, taxes, vehicle taxes or vehicle licenses
18or registration fees as an incident to his or her business as a
19motor vehicle dealer.
20(Source: P.A. 90-89, eff. 1-1-98.)
 
21    (625 ILCS 5/1-171.01c)
22    Sec. 1-171.01c. Remitter. Any person who gives money to a
23remittance agent to submit to the State of Illinois and its
24licensing and taxing agencies for the payment of registration

 

 

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1plates, vehicle certificates of title, taxes, or vehicle taxes
2or vehicle license and registration fees.
3(Source: P.A. 90-89, eff. 1-1-98.)
 
4    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
5    Sec. 3-117.1. When junking certificates or salvage
6certificates must be obtained.
7    (a) Except as provided in Chapter 4 of this Code, a person
8who possesses a junk vehicle shall within 15 days cause the
9certificate of title, salvage certificate, certificate of
10purchase, or a similarly acceptable out of state document of
11ownership to be surrendered to the Secretary of State along
12with an application for a junking certificate, except as
13provided in Section 3-117.2, whereupon the Secretary of State
14shall issue to such a person a junking certificate, which shall
15authorize the holder thereof to possess, transport, or, by an
16endorsement, transfer ownership in such junked vehicle, and a
17certificate of title shall not again be issued for such
18vehicle.
19    A licensee who possesses a junk vehicle and a Certificate
20of Title, Salvage Certificate, Certificate of Purchase, or a
21similarly acceptable out-of-state document of ownership for
22such junk vehicle, may transport the junk vehicle to another
23licensee prior to applying for or obtaining a junking
24certificate, by executing a uniform invoice. The licensee
25transferor shall furnish a copy of the uniform invoice to the

 

 

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1licensee transferee at the time of transfer. In any case, the
2licensee transferor shall apply for a junking certificate in
3conformance with Section 3-117.1 of this Chapter. The following
4information shall be contained on a uniform invoice:
5        (1) The business name, address and dealer license
6    number of the person disposing of the vehicle, junk vehicle
7    or vehicle cowl;
8        (2) The name and address of the person acquiring the
9    vehicle, junk vehicle or vehicle cowl, and if that person
10    is a dealer, the Illinois or out-of-state dealer license
11    number of that dealer;
12        (3) The date of the disposition of the vehicle, junk
13    vehicle or vehicle cowl;
14        (4) The year, make, model, color and description of
15    each vehicle, junk vehicle or vehicle cowl disposed of by
16    such person;
17        (5) The manufacturer's vehicle identification number,
18    Secretary of State identification number or Illinois
19    Department of State Police number, for each vehicle, junk
20    vehicle or vehicle cowl part disposed of by such person;
21        (6) The printed name and legible signature of the
22    person or agent disposing of the vehicle, junk vehicle or
23    vehicle cowl; and
24        (7) The printed name and legible signature of the
25    person accepting delivery of the vehicle, junk vehicle or
26    vehicle cowl.

 

 

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1    The Secretary of State may certify a junking manifest in a
2form prescribed by the Secretary of State that reflects those
3vehicles for which junking certificates have been applied or
4issued. A junking manifest may be issued to any person and it
5shall constitute evidence of ownership for the vehicle listed
6upon it. A junking manifest may be transferred only to a person
7licensed under Section 5-301 of this Code as a scrap processor.
8A junking manifest will allow the transportation of those
9vehicles to a scrap processor prior to receiving the junk
10certificate from the Secretary of State.
11    (b) An application for a salvage certificate shall be
12submitted to the Secretary of State in any of the following
13situations:
14        (1) When an insurance company makes a payment of
15    damages on a total loss claim for a vehicle, the insurance
16    company shall be deemed to be the owner of such vehicle and
17    the vehicle shall be considered to be salvage except that
18    ownership of (i) a vehicle that has incurred only hail
19    damage that does not affect the operational safety of the
20    vehicle or (ii) any vehicle 9 model years of age or older
21    may, by agreement between the registered owner and the
22    insurance company, be retained by the registered owner of
23    such vehicle. The insurance company shall promptly deliver
24    or mail within 20 days the certificate of title along with
25    proper application and fee to the Secretary of State, and a
26    salvage certificate shall be issued in the name of the

 

 

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1    insurance company. Notwithstanding the foregoing, an
2    insurer making payment of damages on a total loss claim for
3    the theft of a vehicle shall not be required to apply for a
4    salvage certificate unless the vehicle is recovered and has
5    incurred damage that initially would have caused the
6    vehicle to be declared a total loss by the insurer.
7        (1.1) When a vehicle of a self-insured company is to be
8    sold in the State of Illinois and has sustained damaged by
9    collision, fire, theft, rust corrosion, or other means so
10    that the self-insured company determines the vehicle to be
11    a total loss, or if the cost of repairing the damage,
12    including labor, would be greater than 33 1/3% 50% of its
13    fair market value without that damage, the vehicle shall be
14    considered salvage. The self-insured company shall
15    promptly deliver the certificate of title along with proper
16    application and fee to the Secretary of State, and a
17    salvage certificate shall be issued in the name of the
18    self-insured company. A self-insured company making
19    payment of damages on a total loss claim for the theft of a
20    vehicle may exchange the salvage certificate for a
21    certificate of title if the vehicle is recovered without
22    damage. In such a situation, the self-insured shall fill
23    out and sign a form prescribed by the Secretary of State
24    which contains an affirmation under penalty of perjury that
25    the vehicle was recovered without damage and the Secretary
26    of State may, by rule, require photographs to be submitted.

 

 

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1        (2) When a vehicle the ownership of which has been
2    transferred to any person through a certificate of purchase
3    from acquisition of the vehicle at an auction, other
4    dispositions as set forth in Sections 4-208 and 4-209 of
5    this Code, a lien arising under Section 18a-501 of this
6    Code, or a public sale under the Abandoned Mobile Home Act
7    shall be deemed salvage or junk at the option of the
8    purchaser. The person acquiring such vehicle in such manner
9    shall promptly deliver or mail, within 20 days after the
10    acquisition of the vehicle, the certificate of purchase,
11    the proper application and fee, and, if the vehicle is an
12    abandoned mobile home under the Abandoned Mobile Home Act,
13    a certification from a local law enforcement agency that
14    the vehicle was purchased or acquired at a public sale
15    under the Abandoned Mobile Home Act to the Secretary of
16    State and a salvage certificate or junking certificate
17    shall be issued in the name of that person. The salvage
18    certificate or junking certificate issued by the Secretary
19    of State under this Section shall be free of any lien that
20    existed against the vehicle prior to the time the vehicle
21    was acquired by the applicant under this Code.
22        (3) A vehicle which has been repossessed by a
23    lienholder shall be considered to be salvage only when the
24    repossessed vehicle, on the date of repossession by the
25    lienholder, has sustained damage by collision, fire,
26    theft, rust corrosion, or other means so that the cost of

 

 

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1    repairing such damage, including labor, would be greater
2    than 33 1/3% of its fair market value without such damage.
3    If the lienholder determines that such vehicle is damaged
4    in excess of 33 1/3% of such fair market value, the
5    lienholder shall, before sale, transfer or assignment of
6    the vehicle, make application for a salvage certificate,
7    and shall submit with such application the proper fee and
8    evidence of possession. If the facts required to be shown
9    in subsection (f) of Section 3-114 are satisfied, the
10    Secretary of State shall issue a salvage certificate in the
11    name of the lienholder making the application. In any case
12    wherein the vehicle repossessed is not damaged in excess of
13    33 1/3% of its fair market value, the lienholder shall
14    comply with the requirements of subsections (f), (f-5), and
15    (f-10) of Section 3-114, except that the affidavit of
16    repossession made by or on behalf of the lienholder shall
17    also contain an affirmation under penalty of perjury that
18    the vehicle on the date of sale is not damaged in excess of
19    33 1/3% of its fair market value. If the facts required to
20    be shown in subsection (f) of Section 3-114 are satisfied,
21    the Secretary of State shall issue a certificate of title
22    as set forth in Section 3-116 of this Code. The Secretary
23    of State may by rule or regulation require photographs to
24    be submitted.
25        (4) A vehicle which is a part of a fleet of more than 5
26    commercial vehicles registered in this State or any other

 

 

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1    state or registered proportionately among several states
2    shall be considered to be salvage when such vehicle has
3    sustained damage by collision, fire, theft, rust,
4    corrosion or similar means so that the cost of repairing
5    such damage, including labor, would be greater than 33 1/3%
6    of the fair market value of the vehicle without such
7    damage. If the owner of a fleet vehicle desires to sell,
8    transfer, or assign his interest in such vehicle to a
9    person within this State other than an insurance company
10    licensed to do business within this State, and the owner
11    determines that such vehicle, at the time of the proposed
12    sale, transfer or assignment is damaged in excess of 33
13    1/3% of its fair market value, the owner shall, before such
14    sale, transfer or assignment, make application for a
15    salvage certificate. The application shall contain with it
16    evidence of possession of the vehicle. If the fleet vehicle
17    at the time of its sale, transfer, or assignment is not
18    damaged in excess of 33 1/3% of its fair market value, the
19    owner shall so state in a written affirmation on a form
20    prescribed by the Secretary of State by rule or regulation.
21    The Secretary of State may by rule or regulation require
22    photographs to be submitted. Upon sale, transfer or
23    assignment of the fleet vehicle the owner shall mail the
24    affirmation to the Secretary of State.
25        (5) A vehicle that has been submerged in water to the
26    point that rising water has reached over the door sill and

 

 

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1    has entered the passenger or trunk compartment is a "flood
2    vehicle". A flood vehicle shall be considered to be salvage
3    only if the vehicle has sustained damage so that the cost
4    of repairing the damage, including labor, would be greater
5    than 33 1/3% of the fair market value of the vehicle
6    without that damage. The salvage certificate issued under
7    this Section shall indicate the word "flood", and the word
8    "flood" shall be conspicuously entered on subsequent
9    titles for the vehicle. A person who possesses or acquires
10    a flood vehicle that is not damaged in excess of 33 1/3% of
11    its fair market value shall make application for title in
12    accordance with Section 3-116 of this Code, designating the
13    vehicle as "flood" in a manner prescribed by the Secretary
14    of State. The certificate of title issued shall indicate
15    the word "flood", and the word "flood" shall be
16    conspicuously entered on subsequent titles for the
17    vehicle.
18        (6) When any licensed rebuilder, repairer, new or used
19    vehicle dealer, or remittance agent has submitted an
20    application for title to a vehicle that he or she knows or
21    reasonably should have known to have sustained damages in
22    excess of 33 1/3% of the vehicle's fair market value
23    without that damage; provided, however, that any
24    application for a salvage certificate for a vehicle
25    recovered from theft and acquired from an insurance company
26    shall be made as required by paragraph (1) of this

 

 

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1    subsection (b).
2    (c) Any person who without authority acquires, sells,
3exchanges, gives away, transfers or destroys or offers to
4acquire, sell, exchange, give away, transfer or destroy the
5certificate of title to any vehicle which is a junk or salvage
6vehicle shall be guilty of a Class 3 felony.
7    (d) Any person who knowingly fails to surrender to the
8Secretary of State a certificate of title, salvage certificate,
9certificate of purchase or a similarly acceptable out-of-state
10document of ownership as required under the provisions of this
11Section is guilty of a Class A misdemeanor for a first offense
12and a Class 4 felony for a subsequent offense; except that a
13person licensed under this Code who violates paragraph (5) of
14subsection (b) of this Section is guilty of a business offense
15and shall be fined not less than $1,000 nor more than $5,000
16for a first offense and is guilty of a Class 4 felony for a
17second or subsequent violation.
18    (e) Any vehicle which is salvage or junk may not be driven
19or operated on roads and highways within this State. A
20violation of this subsection is a Class A misdemeanor. A
21salvage vehicle displaying valid special plates issued under
22Section 3-601(b) of this Code, which is being driven to or from
23an inspection conducted under Section 3-308 of this Code, is
24exempt from the provisions of this subsection. A salvage
25vehicle for which a short term permit has been issued under
26Section 3-307 of this Code is exempt from the provisions of

 

 

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1this subsection for the duration of the permit.
2(Source: P.A. 95-495, eff. 1-1-08; 95-783, eff. 1-1-09.)
 
3    (625 ILCS 5/3-901)  (from Ch. 95 1/2, par. 3-901)
4    Sec. 3-901. Purpose of Article.
5    Many persons throughout the State hold themselves out to
6the public as being engaged in, and have engaged in, accepting
7money from members of the public for remittance to the State of
8Illinois, and its licensing and taxing agencies in payment of
9registration plates, vehicle certificates of title, taxes,
10vehicle taxes or vehicle license or registration fees. Some of
11these persons have failed to make such remittance with the
12consequent loss to the remitters. It is the public policy of
13this State that its people be protected against such hazards.
14(Source: P.A. 76-1705.)
 
15    (625 ILCS 5/3-902)  (from Ch. 95 1/2, par. 3-902)
16    Sec. 3-902. Application of Article.
17    This Article shall not apply to (1) any person who accepts
18for remittance only such sums as he is authorized to collect by
19the remittee as its agent, and (2) to any person who, in
20connection with the issuance of a license to him to conduct a
21business in this State other than a remitter's license, shall
22have filed, pursuant to a statutory requirement, a surety bond
23covering the proper discharge of any liability incurred by him
24in connection with the acceptance for remittance of money for

 

 

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1the purposes designated in the Article pursuant to which he or
2she is licensed; provided he does not accept any money for
3remittance, as a remittance agent, the proper transmittal of
4which is not covered by said bond.
5(Source: P.A. 76-1705.)
 
6    (625 ILCS 5/3-903)  (from Ch. 95 1/2, par. 3-903)
7    Sec. 3-903. License.
8    It shall be unlawful for any person, either as principal or
9agent, to act as a "remittance agent" in the State of Illinois
10without first having obtained or renewed, as the case may be, a
11license and posted a bond, as hereafter provided.
12(Source: P.A. 76-1705.)
 
13    (625 ILCS 5/3-904)  (from Ch. 95 1/2, par. 3-904)
14    Sec. 3-904. Application - Contents - Affidavits. Any person
15who desires to act as a "remittance agent" shall first file
16with the Secretary of State a written application for a
17license. The application shall be under oath and shall contain
18the following:
19    1. The name and address of the applicant.
20    2. The address of each location at which the applicant
21intends to act as a remittance agent.
22    3. The applicant's business, occupation or profession.
23    4. A statement disclosing whether he has been involved in
24any civil or criminal litigation and if so, the material facts

 

 

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1pertaining thereto.
2    5. A statement that the applicant has not committed in the
3past 3 years any violation as determined in any civil,
4criminal, or administrative proceedings under the Retailers'
5Occupation Tax Act or under Article I or VII of Chapter 3 of
6this Code.
7    6. Any other information concerning the business of the
8applicant that the Secretary of State may prescribe.
9    The application shall be accompanied by the affidavits of
10two persons residing in the city or town of such applicant's
11residence. Such affiants shall state that they have known the
12applicant for a period of at least two years; that the
13applicant is of good moral character and that his reputation
14for honesty and business integrity in the community in which he
15resides is good. If the applicant is not an individual, the
16requirements of this paragraph shall apply to each of its
17officers or members.
18(Source: P.A. 83-387.)
 
19    (625 ILCS 5/3-906)  (from Ch. 95 1/2, par. 3-906)
20    Sec. 3-906. Denial.
21    The Secretary of State shall deny any application under
22this Article upon any of the following grounds:
23    (1) That the application contains any false or fraudulent
24statement; or
25    (2) That the applicant has failed to furnish the

 

 

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1information required by the Secretary or to file a bond as
2required; or
3    (3) That the required fee has not been paid; or
4    (4) That the applicant has failed to remit fees to the
5Secretary of State or the Department of Revenue; or
6    (5) That the applicant has engaged in fraudulent practices;
7or
8    (6) That the applicant or a member of his immediate family
9is an employee of the Secretary of State; or
10    (7) That the Secretary of State is authorized under any
11other provision of law.
12    If the Secretary of State denies the application for a
13license, or renewal thereof, or revokes a license, he shall so
14order in writing and notify the applicant thereof by certified
15mail. Upon the denial of an application for a license, or
16renewal thereof, he shall return the license fee. An applicant
17may contest the denial of an application for a license or
18renewal thereof by requesting an administrative hearing
19pursuant to Section 2-118 of this Code No application shall be
20denied unless the applicant has had an opportunity for a fair
21hearing in connection therewith.
22(Source: P.A. 77-84.)
 
23    (625 ILCS 5/3-907)  (from Ch. 95 1/2, par. 3-907)
24    Sec. 3-907. Suspension or revocation.
25    Such license may be suspended or revoked by the Secretary

 

 

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1of State for the violation of any provision of this Act or any
2rule or regulation of the Secretary of State and for any reason
3which, had it existed or been known to the Secretary of State
4at the time of the filing of the application for such license,
5would have been good cause for the denial of such application.
6The Secretary of State shall order such license suspended or
7revoked in writing and shall notify the licensee of the order
8by certified mail. A licensee may, upon receipt of an order of
9suspension or revocation seek a hearing to review such order
10pursuant to Section 2-118 of this Code.
11(Source: P.A. 77-84.)
 
12    (625 ILCS 5/3-913)  (from Ch. 95 1/2, par. 3-913)
13    Sec. 3-913. Hearings Hearing - Subpoenas. Hearings under
14this Article shall be governed by Section 2-118 of this Act and
15the Administrative Review Law as amended, shall apply to and
16govern all proceedings for judicial review of any final order
17issued by the Secretary of State. For the purposes of this Act,
18the Secretary of State, or the hearing officer as hereinafter
19provided, has power to require by subpoena the attendance and
20testimony of witnesses, and the production of all documentary
21evidence relating to any matter under hearing pursuant to this
22Act, and shall issue such subpoenas at the request of an
23interested party. The hearing officer may sign subpoenas in the
24name of the Secretary of State.
25    The Secretary of State may, in his discretion, direct that

 

 

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1any hearing pursuant to this Act, shall be held before a
2competent and qualified agent of the Secretary of State, whom
3the Secretary of State shall designate as the hearing officer
4in such matter. The Secretary of State and the hearing officer
5are hereby empowered to, and shall, administer oaths and
6affirmations to all witnesses appearing before them. The
7hearing officer, upon the conclusion of the hearing before him,
8shall certify the evidence to the Secretary of State, and may
9make recommendations in connection therewith.
10    Any Circuit Court of this State, within the jurisdiction of
11which such hearing is carried on, may, in case of contumacy, or
12refusal of a witness to obey a subpoena, issue an order
13requiring such witness to appear before the Secretary of State,
14or the hearing officer, or to produce documentary evidence, or
15to give testimony touching the matter in question, and any
16failure to obey such order of the court may be punished by such
17court as a contempt thereof.
18(Source: P.A. 82-783.)
 
19    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
20    Sec. 5-301. Automotive parts recyclers, scrap processors,
21repairers and rebuilders must be licensed.
22    (a) No person in this State shall, except as an incident to
23the servicing of vehicles, carry on or conduct the business of
24a automotive parts recyclers, a scrap processor, a repairer, or
25a rebuilder, unless licensed to do so in writing by the

 

 

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1Secretary of State under this Section. No person shall rebuild
2a salvage vehicle unless such person is licensed as a rebuilder
3by the Secretary of State under this Section. No person shall
4engage in the business of acquiring previously owned vehicles
5for the primary purpose of disposing of those vehicles in the
6manner described in the definition of a "scrap processor" in
7this Code, nor shall any person acquire 5 or more vehicles in
8one calendar year for such primary purpose, unless such person
9is licensed as an automotive parts recycler by the Secretary of
10State under this Section. Each license shall be applied for and
11issued separately, except that a license issued to a new
12vehicle dealer under Section 5-101 of this Code shall also be
13deemed to be a repairer license.
14    (b) Any application filed with the Secretary of State,
15shall be duly verified by oath, in such form as the Secretary
16of State may by rule or regulation prescribe and shall contain:
17        1. The name and type of business organization of the
18    applicant and his principal or additional places of
19    business, if any, in this State.
20        2. The kind or kinds of business enumerated in
21    subsection (a) of this Section to be conducted at each
22    location.
23        3. If the applicant is a corporation, a list of its
24    officers, directors, and shareholders having a ten percent
25    or greater ownership interest in the corporation, setting
26    forth the residence address of each; if the applicant is a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        1. A statement that the applicant purchases 5 vehicles
2    per year or has 5 hulks or chassis in stock;
3        2. Provide proof that the property on which all first
4    time applicants will do business does comply to the proper
5    local zoning laws in existence, and a listing of zoning
6    classifications;
7        3. Provide proof that applicant complies with the
8    proper workers' compensation rate code or classification,
9    and listing the code of classification; and
10        4. Provide proof that applicant has obtained or applied
11    for the proper State sales tax classification and federal
12    identification tax number, and listing the actual numbers
13    if available.
14(Source: P.A. 94-784, eff. 1-1-07.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".