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Illinois Compiled Statutes
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VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/Ch. 5 Art. IV
(625 ILCS 5/Ch. 5 Art. IV heading)
ARTICLE IV.
RECORDS REQUIRED TO BE KEPT
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625 ILCS 5/5-401.2
(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
Sec. 5-401.2. Licensees required to keep records and make inspections.
(a) Every person licensed or required to be licensed under Section 5-101,
5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or 5-302 of this Code, shall, with the exception of
scrap
processors, maintain for 3 years, in a form as the Secretary of State may by
rule or regulation prescribe, at his established place of business, additional
place of business, or principal place of business if licensed under Section
5-302, the following records relating to the acquisition or disposition of
vehicles and their essential parts possessed in this State, brought into this
State from another state, territory or country, or sold or transferred to
another person in this State or in another state, territory, or country.
(1) The following records pertaining to new or used | |
(A) the year, make, model, style and color of the
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(B) the vehicle's manufacturer's identification
| | number or, if applicable, the Secretary of State or Illinois State Police identification number;
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(C) the date of acquisition of the vehicle;
(D) the name and address of the person from whom
| | the vehicle was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person;
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(E) the signature of the person making the
| | inspection of a used vehicle as required under subsection (d) of this Section, if applicable;
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(F) the purchase price of the vehicle, if
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(G) the date of the disposition of the vehicle;
(H) the name and address of the person to whom
| | any vehicle was disposed, and if that person is a dealer, the Illinois or out-of-State dealer's license number of that dealer;
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(I) the uniform invoice number reflecting the
| | disposition of the vehicle, if applicable; and
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(J) The sale price of the vehicle, if applicable.
(2) (A) The following records pertaining to used
| | essential parts other than quarter panels and transmissions of vehicles of the first division shall be kept:
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(i) the year, make, model, color and type of such
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(ii) the vehicle's manufacturer's identification
| | number, derivative number, or, if applicable, the Secretary of State or Illinois State Police identification number of such part;
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(iii) the date of the acquisition of each part;
(iv) the name and address of the person from whom
| | the part was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person; if the essential part being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least two sources of identification, one of which shall be a drivers license or State identification card;
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(v) the uniform invoice number or out-of-state
| | bill of sale number reflecting the acquisition of such part;
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(vi) the stock number assigned to the essential
| | part by the licensee, if applicable;
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(vii) the date of the disposition of such part;
(viii) the name and address of the person to whom
| | such part was disposed of and, if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
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(ix) the uniform invoice number reflecting the
| | disposition of such part.
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(B) Inspections of all essential parts shall be
| | conducted in accordance with Section 5-402.1.
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(C) A separate entry containing all of the
| | information required to be recorded in subparagraph (A) of paragraph (2) of subsection (a) of this Section shall be made for each separate essential part. Separate entries shall be made regardless of whether the part was a large purchase acquisition. In addition, a separate entry shall be made for each part acquired for immediate sale or transfer, or for placement into the overall inventory or stock to be disposed of at a later time, or for use on a vehicle to be materially altered by the licensee, or acquired for any other purpose or reason. Failure to make a separate entry for each essential part acquired or disposed of, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each essential part as set forth in subparagraph (A) of paragraph (2) of subsection (a) shall constitute a failure to keep records.
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(D) The vehicle's manufacturer's identification
| | number or Secretary of State or Illinois State Police identification number for the essential part shall be ascertained and recorded even if such part is acquired from a person or dealer located in a State, territory, or country which does not require that such information be recorded. If the vehicle's manufacturer's identification number or Secretary of State or Illinois State Police identification number for an essential part cannot be obtained, that part shall not be acquired by the licensee or any of his agents or employees. If such part or parts were physically acquired by the licensee or any of his agents or employees while the licensee or agent or employee was outside this State, that licensee or agent or employee was outside the State, that licensee, agent or employee shall not bring such essential part into this State or cause it to be brought into this State. The acquisition or disposition of an essential part by a licensee without the recording of the vehicle identification number or Secretary of State identification number for such part or the transportation into the State by the licensee or his agent or employee of such part or parts shall constitute a failure to keep records.
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(E) The records of essential parts required to be
| | kept by this Section shall apply to all hulks, chassis, frames or cowls, regardless of the age of those essential parts. The records required to be kept by this Section for essential parts other than hulks, chassis, frames or cowls, shall apply only to those essential parts which are 6 model years of age or newer. In determining the model year of such an essential part it may be presumed that the identification number of the vehicle from which the essential part came or the identification number affixed to the essential part itself acquired by the licensee denotes the model year of that essential part. This presumption, however, shall not apply if the gross appearance of the essential part does not correspond to the year, make or model of either the identification number of the vehicle from which the essential part is alleged to have come or the identification number which is affixed to the essential part itself. To determine whether an essential part is 6 years of age or newer within this paragraph, the model year of the essential part shall be subtracted from the calendar year in which the essential part is acquired or disposed of by the licensee. If the remainder is 6 or less, the record of the acquisition or disposition of that essential part shall be kept as required by this Section.
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(F) The requirements of paragraph (2) of subsection
| | (a) of this Section shall not apply to the disposition of an essential part other than a cowl which has been damaged or altered to a state in which it can no longer be returned to a usable condition and which is being sold or transferred to a scrap processor or for delivery to a scrap processor.
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(3) the following records for vehicles on which junking certificates are
obtained shall be kept:
(A) the year, make, model, style and color of the
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(B) the vehicle's manufacturer's identification
| | number or, if applicable, the Secretary of State or Illinois State Police identification number;
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(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the
| | vehicle was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
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(E) the certificate of title number or salvage
| | certificate number for the vehicle, if applicable;
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(F) the junking certificate number obtained by the
| | licensee; this entry shall be recorded at the close of business of the fifth business day after receiving the junking certificate;
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(G) the name and address of the person to whom the
| | junking certificate has been assigned, if applicable, and if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;
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(H) if the vehicle or any part of the vehicle is
| | dismantled for its parts to be disposed of in any way, or if such parts are to be used by the licensee to materially alter a vehicle, those essential parts shall be recorded and the entries required by paragraph (2) of subsection (a) shall be made.
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(4) The following records for rebuilt vehicles shall be kept:
(A) the year, make, model, style and color of the
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(B) the vehicle's manufacturer's identification
| | number of the vehicle or, if applicable, the Secretary of State or Illinois State Police identification number;
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(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the
| | vehicle was acquired, and if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
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(E) the salvage certificate number for the vehicle;
(F) the newly issued certificate of title number for
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(G) the date of disposition of the vehicle;
(H) the name and address of the person to whom the
| | vehicle was disposed, and if a dealer, the Illinois or out-of-state dealer license number of that dealer;
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(I) The sale price of the vehicle.
(a-1) A person licensed or required to be licensed under Section 5-101 or
Section 5-102 of this Code who issues temporary registration permits as
permitted by
this Code and by rule must electronically file the registration with the
Secretary and must maintain records of the registration in the manner
prescribed by the Secretary.
(b) A failure to make separate entries for each vehicle acquired,
disposed of, or assigned, or a failure to record any of the specific
information required to be recorded concerning the acquisition or
disposition of each vehicle as set forth in paragraphs (1),
(3) and (4) of subsection (a) shall constitute a failure to keep records.
(c) All entries relating to the acquisition of a vehicle or essential
part required by subsection (a) of this Section shall be recorded no later than
the close of business on the seventh calendar day following such acquisition.
All entries relating to the disposition of a vehicle or an essential part
shall be made at the time of such disposition. If the vehicle or essential
part was disposed of on the same day as its acquisition or the day
thereafter, the entries relating to the acquisition of the vehicle or
essential part shall be made at the time of the disposition of the vehicle
or essential part. Failure to make the entries required in or at the times
prescribed by this subsection following the acquisition or disposition of
such vehicle or essential part shall constitute a failure to keep records.
(d) Every person licensed or required to be licensed shall,
before accepting delivery of a used vehicle, inspect the
vehicle to determine whether the manufacturer's public vehicle
identification number has been defaced, destroyed,
falsified, removed, altered, or tampered with in any way. If the person
making the inspection determines that the manufacturer's public vehicle
identification number has been altered, removed, defaced, destroyed,
falsified or tampered with he shall not acquire that vehicle but instead
shall promptly notify law enforcement authorities of his finding.
(e) The information required to be kept in subsection (a) of this
Section shall be kept in a manner prescribed by rule or regulation of the
Secretary of State.
(f) Every person licensed or required to be licensed shall have in his
possession 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 right to the
possession of every vehicle or essential part.
(g) Every person licensed or required to be licensed as a transporter
under Section 5-201 shall maintain for 3 years, in such form as the
Secretary of State may by rule or regulation prescribe, at his principal
place of business a record of every vehicle transported by him, including
numbers of or other marks of identification thereof, the names and
addresses of persons from whom and to whom the vehicle was delivered and
the dates of delivery.
(h) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the licensee shall
notify the Secretary of State that he is going out of business or that he
is transferring the ownership of the business. Failure to notify under this
paragraph shall constitute a failure to keep records.
(i) (Blank).
(j) A person who knowingly fails to comply with the provisions of this
Section or
knowingly fails to obey, observe, or comply with any order of the Secretary or
any law
enforcement agency issued
in accordance with this Section is guilty of a Class B misdemeanor for the
first violation and a Class A misdemeanor for the second and subsequent
violations. Each violation constitutes a separate and distinct offense and a
separate count may be brought in the same indictment or information for each
vehicle or each essential part of a vehicle for which a record was not kept as
required by this Section.
(k) Any person convicted of failing to keep the records required by this
Section with intent to conceal the identity or origin of a vehicle or its
essential parts or with intent to defraud the public in the transfer or sale of
vehicles or their essential parts is guilty of a Class 2 felony. Each violation
constitutes a separate and distinct offense and a separate count may be brought
in the same indictment or information for each vehicle or
essential part of a vehicle for which a record was not kept as required by this
Section.
(l) A person may not be criminally charged with or convicted of both a
knowing failure to comply with this Section and a knowing failure to comply
with any order, if both offenses involve the same record keeping violation.
(m) The Secretary shall adopt rules necessary for implementation of this
Section, which may include the imposition of administrative fines.
(Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.)
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625 ILCS 5/5-401.3
(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
Sec. 5-401.3. Scrap processors required to keep records. (a) Every person licensed or required to be licensed as a scrap processor
pursuant to Section 5-301 of this Chapter shall maintain for 3 years, at
his established place of business, the following records relating to the
acquisition of recyclable metals or the acquisition of a vehicle, junk vehicle, or vehicle cowl which has been
acquired for the purpose of processing into a form other than a vehicle,
junk vehicle or vehicle cowl which is possessed in the State or brought
into this State from another state, territory or country.
No scrap metal processor shall sell a vehicle or essential part, as such,
except for engines, transmissions, and powertrains, unless licensed to do so
under another provision of this Code. A scrap processor who is additionally
licensed as an automotive parts recycler shall not be subject to the record
keeping requirements for a scrap processor
when acting as an automotive parts
recycler.
(1) For a vehicle, junk vehicle, or vehicle cowl | | acquired from a person who is licensed under this Chapter, the scrap processor shall record the name and address of the person, and the Illinois or out-of-state dealer license number of such person on the scrap processor's weight ticket at the time of the acquisition. The person disposing of the vehicle, junk vehicle, or vehicle cowl shall furnish the scrap processor with documentary proof of ownership of the vehicle, junk vehicle, or vehicle cowl in one of the following forms: a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Junking Manifest, a Uniform Invoice, a Certificate of Purchase, or other similar documentary proof of ownership. The scrap processor shall not acquire a vehicle, junk vehicle or vehicle cowl without obtaining one of the aforementioned documentary proofs of ownership.
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(2) For a vehicle, junk vehicle or vehicle cowl
| | acquired from a person who is not licensed under this Chapter, the scrap processor shall verify and record that person's identity by recording the identification of such person from at least 2 sources of identification, one of which shall be a driver's license or State Identification Card, on the scrap processor's weight ticket at the time of the acquisition. The person disposing of the vehicle, junk vehicle, or vehicle cowl shall furnish the scrap processor with documentary proof of ownership of the vehicle, junk vehicle, or vehicle cowl in one of the following forms: a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Junking Manifest, a Certificate of Purchase, or other similar documentary proof of ownership. The scrap processor shall not acquire a vehicle, junk vehicle or vehicle cowl without obtaining one of the aforementioned documentary proofs of ownership.
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(3) In addition to the other information required on
| | the scrap processor's weight ticket, a scrap processor who at the time of acquisition of a vehicle, junk vehicle, or vehicle cowl is furnished a Certificate of Title, Salvage Certificate or Certificate of Purchase shall record the Vehicle Identification Number on the weight ticket or affix a copy of the Certificate of Title, Salvage Certificate or Certificate of Purchase to the weight ticket and the identification of the person acquiring the information on the behalf of the scrap processor.
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(4) The scrap processor shall maintain a copy of a
| | Junk Vehicle Notification relating to any Certificate of Title, Salvage Certificate, Certificate of Purchase or similarly acceptable out-of-state document surrendered to the Secretary of State pursuant to the provisions of Section 3-117.2 of this Code.
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(5) For recyclable metals valued at $100 or more, the
| | scrap processor shall, for each transaction, record the identity of the person from whom the recyclable metals were acquired by verifying the identification of that person from one source of identification, which shall be a valid driver's license or State Identification Card, on the scrap processor's weight ticket at the time of the acquisition and by making and recording a color photocopy or electronic scan of the driver's license or State Identification Card. Such information shall be available for inspection by any law enforcement official. If the person delivering the recyclable metal does not have a valid driver's license or State Identification Card, the scrap processor shall not complete the transaction. The inspection of records pertaining only to recyclable metals shall not be counted as an inspection of a premises for purposes of subparagraph (7) of Section 5-403 of this Code.
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| | contractors, to agencies or instrumentalities of the State of Illinois or of the United States, to common carriers, to purchases from persons, firms, or corporations regularly engaged in the business of manufacturing recyclable metal, in the business of selling recyclable metal at retail or wholesale, or in the business of razing, demolishing, destroying, or removing buildings, to the purchase by one recyclable metal dealer from another, or the purchase from persons, firms, or corporations engaged in either the generation, transmission, or distribution of electric energy or in telephone, telegraph, and other communications if such common carriers, persons, firms, or corporations at the time of the purchase provide the recyclable metal dealer with a bill of sale or other written evidence of title to the recyclable metal. This subdivision (a)(5) also does not apply to contractual arrangements between dealers.
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| (b) Any licensee who knowingly fails to record any of the specific
information required to be recorded on the weight ticket required under any other subsection of this Section, or Section 5-401 of this Code, or who knowingly
fails to acquire and maintain for 3 years documentary proof of ownership in
one of the prescribed forms shall be guilty of a Class A misdemeanor and
subject to a fine not to exceed $1,000. Each violation shall constitute a
separate and distinct offense and a separate count may be brought in the
same complaint for each violation. Any licensee who commits a second
violation of this Section within two years of a previous conviction of a
violation of this Section shall be guilty of a Class 4 felony.
(c) It shall be an affirmative defense to an offense brought under
paragraph (b) of this Section that the licensee or person required to be
licensed both reasonably and in good faith relied on information appearing
on a Certificate of Title, a Salvage Certificate, a Junking Certificate, a
Secretary of State Manifest, a Secretary of State's Uniform Invoice, a
Certificate of Purchase, or other documentary proof of ownership prepared
under Section 3-117.1(a) of this Code, relating to the transaction for
which the required record was not kept which was supplied to the licensee
by another licensee or an out-of-state dealer.
(d) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the scrap
processor shall notify the Secretary of that fact. Failure to so notify
the Secretary of State shall constitute a failure to keep
records under this Section.
(e) Evidence derived directly or indirectly from the keeping of records
required to be kept under this Section shall not be admissible in a
prosecution of the licensee for an alleged violation of Section 4-102(a)(3) of this Code.
(Source: P.A. 100-956, eff. 1-1-19 .)
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625 ILCS 5/5-401.4 (625 ILCS 5/5-401.4)
Sec. 5-401.4. Purchase of beer kegs by scrap processors. (a) A scrap processor may not purchase metal beer kegs from any person other than the beer manufacturer whose identity is printed, stamped, attached, or otherwise displayed on the beer keg, or the manufacturer's authorized representative. (b) The purchaser shall obtain a proof of ownership record from a person selling the beer keg, including any person selling a beer keg with an indicia of ownership that is obliterated, unreadable, or missing, and shall also verify the seller's identity by a driver's license or other government-issued photo identification. The proof of ownership record shall include all of the following information: (1) The name, address, telephone number, and | | signature of the seller or the seller's authorized representative.
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| (2) The name and address of the buyer, or consignee
| | (3) A description of the beer keg, including its
| | capacity and any indicia of ownership or other distinguishing marks appearing on the exterior surface.
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| (4) The date of transaction.
(c) The information required to be collected by this Section shall
be kept for one year from the date of purchase or delivery,
whichever is later.
(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
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625 ILCS 5/5-402
(625 ILCS 5/5-402) (from Ch. 95 1/2, par. 5-402)
Sec. 5-402.
Use of Department of Revenue Uniform Invoice for vehicle.
Every person licensed as a new vehicle dealer, as a used vehicle
dealer, or as a motor vehicle financing affiliate shall issue a Uniform
Invoice with respect to each transaction
wherein he disposes of a vehicle, except that where, in the same
transaction, a vehicle dealer transfers more than one vehicle to another
vehicle dealer for the purpose of resale, such seller for resale may issue
one Uniform Invoice to the purchaser covering all the vehicles involved in
that transaction and may report the transfer of all the vehicles involved
in that transaction to the Department on the same Uniform
Invoice-transaction reporting return form. Every person licensed as a
rebuilder shall likewise issue a Uniform Invoice with respect to each
transaction wherein he disposes of a rebuilt or restored vehicle. Such
Uniform Invoice shall be the same document as the transaction reporting
return referred to in Section 3 of the Retailers' Occupation Tax Act. Such
Uniform Invoice shall contain complete financial details of the transaction
in such form as shall be prescribed by the Department of Revenue. Such
Uniform Invoice shall include an affidavit by both the seller and the buyer
that any trade-in title has been properly assigned from the buyer to the
seller and that all information on the Uniform Invoice-transaction
reporting return is true and accurate.
(Source: P.A. 91-415, eff. 1-1-00.)
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625 ILCS 5/5-402.1
(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
Sec. 5-402.1. Use of Secretary of State Uniform Invoice for Essential
Parts. (a) Except for scrap processors, every person licensed or required
to be licensed under Section 5-101, 5-101.1, 5-102, 5-102.8, or 5-301 of this Code
shall
issue, in a form the Secretary of State may by rule or regulation
prescribe, a Uniform Invoice, which may also act as a bill of sale, with respect to each transaction in which he disposes of
an essential part other than quarter panels and transmissions of vehicles
of the first division. Such Invoice shall be made out at the time of the
disposition of the essential part. If the licensee disposes of several
essential parts in the same transaction, the licensee may issue one Uniform
Invoice covering all essential parts disposed of in that transaction.
(b) The following information shall be contained on the Uniform Invoice:
(1) the business name, address, and dealer license | | number of the person disposing of the essential part;
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(2) the name and address of the person acquiring the
| | essential part, and if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;
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(3) the date of the disposition of the essential part;
(4) the year, make, model, color, and description of
| | each essential part disposed of by the person;
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(5) the manufacturer's vehicle identification number,
| | Secretary of State identification number, or Illinois State Police identification number for each essential part disposed of by the person;
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(6) the printed name and legible signature of the
| | person or agent disposing of the essential part; and
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(7) if the person is a dealer the printed name and
| | legible signature of the dealer or his agent or employee accepting delivery of the essential part.
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(c) Except for scrap processors, and except as set forth in subsection
(d) of this Section, whenever a person licensed or
required to be licensed by Section
5-101, 5-101.1, 5-102, or 5-301 accepts delivery of an essential
part, other than quarter panels and transmissions of vehicles of the
first division, that person shall, at the time of the acceptance or
delivery, comply
with the following procedures:
(1) Before acquiring or accepting delivery of any
| | essential part, the licensee or his authorized agent or employee shall inspect the part to determine whether the vehicle identification number, Secretary of State identification number, Illinois State Police identification number, or identification plate or sticker attached to or stamped on any part being acquired or delivered has been removed, falsified, altered, defaced, destroyed, or tampered with. If the licensee or his agent or employee determines that the vehicle identification number, Secretary of State identification number, Illinois State Police identification number, identification plate or identification sticker containing an identification number, or Federal Certificate label of an essential part has been removed, falsified, altered, defaced, destroyed, or tampered with, the licensee or agent shall not accept or receive that part.
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If that part was physically acquired by or delivered
| | to a licensee or his agent or employee while that licensee, agent, or employee was outside this State, that licensee or agent or employee shall not bring that essential part into this State or cause it to be brought into this State.
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(2) If the person disposing of or delivering the
| | essential part to the licensee is a licensed in-state or out-of-state dealer, the licensee or his agent or employee, after inspecting the essential part as required by paragraph (1) of this subsection (c), shall examine the Uniform Invoice, or bill of sale, as the case may be, to ensure that it contains all the information required to be provided by persons disposing of essential parts as set forth in subsection (b) of this Section. If the Uniform Invoice or bill of sale does not contain all the information required to be listed by subsection (b) of this Section, the dealer disposing of or delivering such part or his agent or employee shall record such additional information or other needed modifications on the Uniform Invoice or bill of sale or, if needed, an attachment thereto. The dealer or his agent or employee delivering the essential part shall initial all additions or modifications to the Uniform Invoice or bill of sale and legibly print his name at the bottom of each document containing his initials. If the transaction involves a bill of sale rather than a Uniform Invoice, the licensee or his agent or employee accepting delivery of or acquiring the essential part shall affix his printed name and legible signature on the space on the bill of sale provided for his signature or, if no space is provided, on the back of the bill of sale. If the dealer or his agent or employee disposing of or delivering the essential part cannot or does not provide all the information required by subsection (b) of this Section, the licensee or his agent or employee shall not accept or receive any essential part for which that required information is not provided. If such essential part for which the information required is not fully provided was physically acquired while the licensee or his agent or employee was outside this State, the licensee or his agent or employee shall not bring that essential part into this State or cause it to be brought into this State.
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(3) If the person disposing of the essential part is
| | not a licensed dealer, the licensee or his agent or employee shall, after inspecting the essential part as required by paragraph (1) of subsection (c) of this Section verify the identity of the person disposing of the essential part by examining 2 sources of identification, one of which shall be either a driver's license or state identification card. The licensee or his agent or employee shall then prepare a Uniform Invoice listing all the information required to be provided by subsection (b) of this Section. In the space on the Uniform Invoice provided for the dealer license number of the person disposing of the part, the licensee or his agent or employee shall list the numbers taken from the documents of identification provided by the person disposing of the part. The person disposing of the part shall affix his printed name and legible signature on the space on the Uniform Invoice provided for the person disposing of the essential part and the licensee or his agent or employee acquiring the part shall affix his printed name and legible signature on the space provided on the Uniform Invoice for the person acquiring the essential part. If the person disposing of the essential part cannot or does not provide all the information required to be provided by this paragraph, or does not present 2 satisfactory forms of identification, the licensee or his agent or employee shall not acquire that essential part.
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(d) If an essential part other than quarter panels and
transmissions of vehicles of the first division was delivered by a licensed commercial
delivery service delivering such part on behalf of a licensed dealer, the
person required to comply with subsection (c) of this Section may conduct
the inspection of that part required by paragraph (1) of subsection (c) and examination
of the Uniform Invoice or bill of sale required by paragraph (2) of subsection (c) of
this Section immediately after the acceptance of the part.
(1) If the inspection of the essential part pursuant
| | to paragraph (1) of subsection (c) reveals that the vehicle identification number, Secretary of State identification number, Illinois State Police identification number, identification plate or sticker containing an identification number, or Federal Certificate label of an essential part has been removed, falsified, altered, defaced, destroyed, or tampered with, the licensee or his agent shall immediately record such fact on the Uniform Invoice or bill of sale, assign the part an inventory or stock number, place such inventory or stock number on both the essential part and the Uniform Invoice or bill of sale, and record the date of the inspection of the part on the Uniform Invoice or bill of sale. The licensee shall, within 7 days of such inspection, return such part to the dealer from whom it was acquired.
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(2) If the examination of the Uniform Invoice or bill
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(e) Except for scrap processors, all persons licensed or required to
be licensed who acquire or
dispose of essential parts other than quarter panels and transmissions of
vehicles of the first division shall retain a copy of the Uniform Invoice
required to be made by subsections (a), (b), and (c) of this Section for a
period of 3 years.
(f) Except for scrap processors, any person licensed or required to
be licensed under Section 5-101,
5-102, or 5-301 who knowingly fails to record on a Uniform Invoice any of the
information or entries required to be recorded by subsections (a), (b), and
(c) of this Section, or who knowingly places false entries or other misleading
information on such Uniform Invoice, or who knowingly fails to retain for 3 years a
copy of a Uniform Invoice reflecting transactions required to be recorded
by subsections (a), (b), and (c) of this Section, or who knowingly acquires or
disposes of essential parts without receiving, issuing, or executing a
Uniform Invoice reflecting that transaction as required by subsections (a),
(b), and (c) of this Section, or who brings or causes to be brought into
this State essential parts for which the information required to be
recorded on a Uniform Invoice is not recorded as prohibited by subsection
(c) of this Section, or who knowingly fails to comply with the provisions of
this
Section in any other manner shall be guilty of a Class 2 felony. Each
violation shall constitute a separate and distinct offense and a separate
count may be brought in the same indictment or information for each
essential part for which a record was not kept as required by this Section
or for which the person failed to comply with other provisions of this
Section.
(g) The records required to be kept by this Section
may be examined by a person or persons making a lawful
inspection of the licensee's premises pursuant to Section 5-403.
(h) The records required to be kept by this Section shall be retained by
the licensee at his principal place of business for a period of 3 years.
(i) The requirements of this Section shall not apply to the disposition
of an essential part other than a cowl which has been damaged or altered to
a state in which it can no longer be returned to a usable condition and
which is being sold or transferred to a scrap processor or for delivery to
a scrap processor.
(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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625 ILCS 5/5-403
(625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
Sec. 5-403. (1) Authorized representatives of the Secretary of State
including officers of the Secretary of State's Department of Police, other
peace officers, and such other individuals as the Secretary may designate
from time to time shall make inspections of individuals and facilities licensed
or required to be licensed under Chapter 5 of the Illinois Vehicle Code
for the purpose of reviewing records required to be maintained under
Chapter 5 for accuracy and completeness and reviewing and examining the
premises of the licensee's established or additional place of business
for the purpose of determining the accuracy of the required records.
Premises that may be inspected in order to determine the accuracy of the
books and records required to be kept includes all premises used by the
licensee to store vehicles and parts that are reflected by the required books and records.
(2) Persons having knowledge of or conducting inspections pursuant to
this Chapter shall not in advance of such inspections knowingly notify a
licensee or representative of a licensee of the contemplated inspection
unless the Secretary or an individual designated by him for this purpose
authorizes such notification. Any individual who, without authorization,
knowingly violates this subparagraph shall be guilty of a Class A misdemeanor.
(3) The licensee or a representative of the licensee shall be entitled
to be present during an inspection conducted pursuant to Chapter 5, however,
the presence of the licensee or an authorized representative of the licensee
is not a condition precedent to such an inspection.
(4) Inspection conducted pursuant to Chapter 5 may be initiated at any
time that business is being conducted or work is being performed, whether
or not open to the public or when the licensee or a representative of the
licensee, other than a mere custodian or watchman, is present. The fact
that a licensee or representative of the licensee leaves the licensed premises
after an inspection has been initiated shall not require the termination
of the inspection.
(5) Any inspection conducted pursuant to Chapter 5 shall not continue
for more than 24 hours after initiation.
(6) In the event information comes to the attention of the individuals
conducting an inspection that may give rise to the necessity of obtaining
a search warrant, and in the event steps are initiated for the procurement
of a search warrant, the individuals conducting such inspection may take
all necessary steps to secure the premises under inspection until the warrant
application is acted upon by a judicial officer.
(7) No more than 6 inspections of a premises may be conducted pursuant
to Chapter 5 within any 6 month period except pursuant to a search warrant.
Notwithstanding this limitation, nothing in this subparagraph (7) shall be
construed to limit the authority of law enforcement agents to respond to
public complaints of violations of the Code. For the purpose of this
subparagraph (7), a public complaint is one in which the complainant identifies
himself or herself and sets forth, in writing, the specific basis for their
complaint against the licensee. For the purpose of this subparagraph (7), the inspection of records pertaining only to recyclable metals, as provided in subdivision (a)(5) of Section 5-401.3 of this Code, shall not be counted as an inspection of a premises.
(8) Nothing in this Section shall be construed to limit the authority
of individuals by the Secretary pursuant to this Section to conduct searches
of licensees pursuant to a duly issued and authorized search warrant.
(9) Any licensee who, having been informed by a person authorized to
make inspections and examine records under this Section that he desires to
inspect records and the licensee's premises as authorized by this Section,
refuses either to produce for that person records required to be kept by
this Chapter or to permit such authorized person to make an inspection of
the premises in accordance with this Section shall subject the license to
immediate suspension by the Secretary of State.
(10) Beginning July 1, 1988, any person referenced under Section 5-302 shall
produce for inspection upon demand those records pertaining to the
acquisition of salvage vehicles in this State.
(Source: P.A. 95-253, eff. 1-1-08; 95-783, eff. 1-1-09; 95-979, eff. 1-2-09; 96-328, eff. 8-11-09.)
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625 ILCS 5/5-403.1
(625 ILCS 5/5-403.1) (from Ch. 95 1/2, par. 5-403.1)
Sec. 5-403.1. Inventory system.
(a) Every person licensed or required
to be licensed under the provisions of Sections 5-101, 5-101.1, 5-102, 5-102.8, and
5-301 of
this Code shall, under rule and regulation prescribed by the Secretary of
State, maintain an inventory system of all vehicles or essential parts in
such a manner that a person making an inspection pursuant to the provisions
of Section 5-403 of this Code can readily ascertain the identity of such
vehicles or essential parts and readily locate such parts on the licensees
premises.
(b) Failure to maintain an inventory system as required under this Section
is a Class A misdemeanor.
(c) This Section does not apply to vehicles or essential parts which have
been acquired by a scrap processor for processing into a form other than
a vehicle or essential part.
(Source: P.A. 101-505, eff. 1-1-20 .)
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625 ILCS 5/5-404 (625 ILCS 5/5-404) Sec. 5-404. Injunctions. The Illinois Attorney General or the State's Attorney for the county in which the scrap processor is located may initiate an appropriate action in the circuit court of the county in which a scrap processor is located to prevent the unlawful operation of a scrap processor, or to restrain, correct, or abate a violation of this Act, or to prevent any illegal act or conduct by the scrap processor.
(Source: P.A. 95-979, eff. 1-2-09.) |
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