State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]


92_HB4948enr

 
HB4948 Enrolled                               LRB9213001DHgcA

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 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
 8    make inspections.
 9        (a)  Every person licensed or  required  to  be  licensed
10    under  Section 5-101, 5-101.1, 5-102, 5-301  or 5-302 of this
11    Code, shall, with the exception of scrap processors, maintain
12    for 3 years, in a form as the Secretary of State may by  rule
13    or   regulation   prescribe,  at  his  established  place  of
14    business, additional place of business, or principal place of
15    business if  licensed  under  Section  5-302,  the  following
16    records   relating  to  the  acquisition  or  disposition  of
17    vehicles and their essential parts possessed in  this  State,
18    brought  into  this  State  from  another state, territory or
19    country, or sold or transferred to  another  person  in  this
20    State or in another state, territory, or country.
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
24             the vehicle;
25                  (B)  the        vehicle's        manufacturer's
26             identification  number  or,   if   applicable,   the
27             Secretary  of  State or Illinois Department of State
28             Police identification number;
29                  (C)  the date of acquisition of the vehicle;
30                  (D)  the name and address of  the  person  from
31             whom the vehicle was acquired and, if that person is
 
HB4948 Enrolled             -2-               LRB9213001DHgcA
 1             a   dealer,  the  Illinois  or  out-of-state  dealer
 2             license number of such person;
 3                  (E)  the signature of  the  person  making  the
 4             inspection  of  a  used  vehicle  as  required under
 5             subsection (d) of this Section, if applicable;
 6                  (F)  the purchase  price  of  the  vehicle,  if
 7             applicable;
 8                  (G)  the   date   of  the  disposition  of  the
 9             vehicle;
10                  (H)  the name and address of the person to whom
11             any vehicle was disposed, and if that  person  is  a
12             dealer,   the   Illinois  or  out-of-State  dealer's
13             license number of that dealer;
14                  (I)  the uniform invoice number reflecting  the
15             disposition of the vehicle, if applicable; and
16                  (J)  The   sale   price   of  the  vehicle,  if
17             applicable.
18             (2) (A)  The following records  pertaining  to  used
19        essential   parts   other   than   quarter   panels   and
20        transmissions  of vehicles of the first division shall be
21        kept:
22                  (i)  the year, make, model, color and  type  of
23             such part;
24                  (ii)  the        vehicle's       manufacturer's
25             identification number,  derivative  number,  or,  if
26             applicable,  the  Secretary  of  State  or  Illinois
27             Department  of State Police identification number of
28             such part;
29                  (iii)  the date  of  the  acquisition  of  each
30             part;
31                  (iv)  the  name  and address of the person from
32             whom the part was acquired and, if that person is  a
33             dealer,  the Illinois or out-of-state dealer license
34             number of such person; if the essential  part  being
 
HB4948 Enrolled             -3-               LRB9213001DHgcA
 1             acquired  is  from a person other than a dealer, the
 2             licensee  shall  verify  and  record  that  person's
 3             identity by  recording  the  identification  numbers
 4             from  at least two sources of identification, one of
 5             which  shall  be  a   drivers   license   or   State
 6             identification card;
 7                  (v)  the uniform invoice number or out-of-state
 8             bill  of  sale  number reflecting the acquisition of
 9             such part;
10                  (vi)  the  stock   number   assigned   to   the
11             essential part by the licensee, if applicable;
12                  (vii)  the  date  of  the  disposition  of such
13             part;
14                  (viii)  the name and address of the  person  to
15             whom  such  part was disposed of and, if that person
16             is a dealer, the  Illinois  or  out-of-state  dealer
17             license number of that person;
18                  (ix)  the uniform invoice number reflecting the
19             disposition of such part.
20             (B)  Inspections  of  all  essential  parts shall be
21        conducted in accordance with Section 5-402.1.
22             (C)  A  separate  entry  containing   all   of   the
23        information  required  to be recorded in subparagraph (A)
24        of paragraph (2) of subsection (a) of this Section  shall
25        be  made  for  each  separate  essential  part.  Separate
26        entries shall be made regardless of whether the part  was
27        a  large  purchase  acquisition.  In addition, a separate
28        entry shall be made for each part acquired for  immediate
29        sale  or  transfer,  or  for  placement  into the overall
30        inventory or stock to be disposed of at a later time,  or
31        for  use  on  a  vehicle  to be materially altered by the
32        licensee, or acquired for any other  purpose  or  reason.
33        Failure  to make a separate entry for each essential part
34        acquired or disposed of, or a failure to  record  any  of
 
HB4948 Enrolled             -4-               LRB9213001DHgcA
 1        the   specific   information   required  to  be  recorded
 2        concerning  the  acquisition  or  disposition   of   each
 3        essential  part  as  set  forth  in  subparagraph  (A) of
 4        paragraph  (2)  of  subsection  (a)  shall  constitute  a
 5        failure to keep records.
 6             (D)  The  vehicle's  manufacturer's   identification
 7        number  or  Secretary  of State or Illinois Department of
 8        State Police identification number for the essential part
 9        shall be ascertained and recorded even if  such  part  is
10        acquired  from  a  person  or  dealer located in a State,
11        territory, or country which does not  require  that  such
12        information be recorded.  If the vehicle's manufacturer's
13        identification  number  or Secretary of State or Illinois
14        Department of State Police identification number  for  an
15        essential part cannot be obtained, that part shall not be
16        acquired  by  the  licensee  or  any  of  his  agents  or
17        employees. If such part or parts were physically acquired
18        by  the  licensee or any of his agents or employees while
19        the licensee or agent or employee was outside this State,
20        that licensee or agent or employee was outside the State,
21        that licensee, agent or employee  shall  not  bring  such
22        essential  part into this State or cause it to be brought
23        into this State. The acquisition  or  disposition  of  an
24        essential part by a licensee without the recording of the
25        vehicle  identification  number  or  Secretary  of  State
26        identification number for such part or the transportation
27        into  the  State by the licensee or his agent or employee
28        of such part or parts shall constitute a failure to  keep
29        records.
30             (E)  The  records  of essential parts required to be
31        kept by this Section shall apply to all  hulks,  chassis,
32        frames or cowls, regardless of the age of those essential
33        parts.   The  records required to be kept by this Section
34        for essential parts other than hulks, chassis, frames  or
 
HB4948 Enrolled             -5-               LRB9213001DHgcA
 1        cowls,  shall  apply  only to those essential parts which
 2        are 6 model years of age or newer.   In  determining  the
 3        model  year  of such an essential part it may be presumed
 4        that the identification number of the vehicle from  which
 5        the  essential  part  came  or  the identification number
 6        affixed to the essential  part  itself  acquired  by  the
 7        licensee  denotes  the model year of that essential part.
 8        This presumption, however, shall not apply if  the  gross
 9        appearance  of  the essential part does not correspond to
10        the year, make or  model  of  either  the  identification
11        number  of  the  vehicle from which the essential part is
12        alleged to have come or the identification  number  which
13        is  affixed  to  the essential part itself.  To determine
14        whether an essential part is 6  years  of  age  or  newer
15        within  this  paragraph,  the model year of the essential
16        part shall be subtracted from the calendar year in  which
17        the  essential  part  is  acquired  or disposed of by the
18        licensee.  If the remainder is 6 or less, the  record  of
19        the  acquisition  or  disposition  of that essential part
20        shall be kept as required by this Section.
21             (F)  The requirements of paragraph (2) of subsection
22        (a) of this Section shall not apply to the disposition of
23        an essential part  other  than  a  cowl  which  has  been
24        damaged  or  altered to a state in which it can no longer
25        be returned to a usable condition and which is being sold
26        or transferred to a scrap processor or for delivery to  a
27        scrap processor.
28        (3)  the  following records for vehicles on which junking
29    certificates are obtained shall be kept:
30             (A)  the year, make, model, style and color  of  the
31        vehicle;
32             (B)  the   vehicle's  manufacturer's  identification
33        number or, if  applicable,  the  Secretary  of  State  or
34        Illinois   Department   of  State  Police  identification
 
HB4948 Enrolled             -6-               LRB9213001DHgcA
 1        number;
 2             (C)  the date the vehicle was acquired;
 3             (D)  the name and address of the  person  from  whom
 4        the vehicle was acquired and, if that person is a dealer,
 5        the  Illinois  or  out-of-state  dealer license number of
 6        that person;
 7             (E)  the certificate  of  title  number  or  salvage
 8        certificate number for the vehicle, if applicable;
 9             (F)  the  junking certificate number obtained by the
10        licensee; this entry shall be recorded at  the  close  of
11        business of the fifth second business day after receiving
12        the junking certificate;
13             (G)  the  name and address of the person to whom the
14        junking certificate has been assigned, if applicable, and
15        if that person is a dealer, the Illinois or  out-of-state
16        dealer license number of that dealer;
17             (H)  if  the  vehicle  or any part of the vehicle is
18        dismantled for its parts to be disposed of in any way, or
19        if  such  parts  are  to  be  used  by  the  licensee  to
20        materially alter a vehicle, those essential  parts  shall
21        be  recorded  in  the record book for essential parts and
22        the entries required by paragraph (2) of  subsection  (a)
23        shall be made.
24        (4)  The  following records for rebuilt vehicles shall be
25    kept:
26             (A)  the year, make, model, style and color  of  the
27        vehicle;
28             (B)  the   vehicle's  manufacturer's  identification
29        number of the vehicle or, if applicable, the Secretary of
30        State   or   Illinois   Department   of   State    Police
31        identification number;
32             (C)  the date the vehicle was acquired;
33             (D)  the  name  and  address of the person from whom
34        the vehicle was acquired, and if that person is a dealer,
 
HB4948 Enrolled             -7-               LRB9213001DHgcA
 1        the Illinois or out-of-state  dealer  license  number  of
 2        that person;
 3             (E)  the salvage certificate number for the vehicle;
 4             (F)  the  newly  issued  certificate of title number
 5        for the vehicle;
 6             (G)  the date of disposition of the vehicle;
 7             (H)  the name and address of the person to whom  the
 8        vehicle  was  disposed,  and if a dealer, the Illinois or
 9        out-of-state dealer license number of that dealer;
10             (I)  The sale price of the vehicle.
11        (a-1)  A person licensed or required to be licensed under
12    Section 5-101 or  Section  5-102  of  this  Code  who  issues
13    temporary  registration permits as permitted by this Code and
14    by rule must electronically file the  registration  with  the
15    Secretary  and  must  maintain records of the registration in
16    the manner prescribed by the Secretary.
17        (b)  A failure to make separate entries for each  vehicle
18    acquired,  disposed  of,  or assigned, or a failure to record
19    any of the  specific  information  required  to  be  recorded
20    concerning  the acquisition or disposition of each vehicle as
21    set forth in paragraphs (1), (3) and (4)  of  subsection  (a)
22    shall constitute a failure to keep records.
23        (c)  All entries relating to the acquisition of a vehicle
24    or  essential part required by subsection (a) of this Section
25    shall be recorded no later than the close of business on  the
26    seventh  calendar day following such acquisition. All entries
27    relating to the disposition of a vehicle or an essential part
28    shall be made at  the  time  of  such  disposition.   If  the
29    vehicle  or essential part was disposed of on the same day as
30    its acquisition or the day thereafter, the  entries  relating
31    to  the acquisition of the vehicle or essential part shall be
32    made at the  time  of  the  disposition  of  the  vehicle  or
33    essential part. Failure to make the entries required in or at
34    the   times  prescribed  by  this  subsection  following  the
 
HB4948 Enrolled             -8-               LRB9213001DHgcA
 1    acquisition or disposition of such vehicle or essential  part
 2    shall constitute a failure to keep records.
 3        (d)  Every  person  licensed  or  required to be licensed
 4    shall, before accepting delivery of a used  vehicle,  inspect
 5    the  vehicle  to  determine whether the manufacturer's public
 6    vehicle identification number has  been  defaced,  destroyed,
 7    falsified, removed, altered, or tampered with in any way.  If
 8    the   person   making  the  inspection  determines  that  the
 9    manufacturer's public vehicle identification number has  been
10    altered,  removed,  defaced, destroyed, falsified or tampered
11    with he shall not acquire  that  vehicle  but  instead  shall
12    promptly notify law enforcement authorities of his finding.
13        (e)  The  information  required  to be kept in subsection
14    (a) of this Section shall be kept in a manner  prescribed  by
15    rule or regulation of the Secretary of State.
16        (f)  Every  person  licensed  or  required to be licensed
17    shall have in his possession a separate certificate of title,
18    salvage  certificate,  junking  certificate,  certificate  of
19    purchase, uniform invoice, out-of-state bill of sale or other
20    acceptable  documentary  evidence  of  his   right   to   the
21    possession of every vehicle or essential part.
22        (g)  Every  person licensed or required to be licensed as
23    a transporter under Section 5-201 shall maintain for 3 years,
24    in such form as  the  Secretary  of  State  may  by  rule  or
25    regulation  prescribe,  at  his principal place of business a
26    record of every vehicle transported by him, including numbers
27    of or other marks of identification thereof,  the  names  and
28    addresses  of  persons  from whom and to whom the vehicle was
29    delivered and the dates of delivery.
30        (h)  No  later  than  15  days  prior  to  going  out  of
31    business, selling the business, or transferring the ownership
32    of the business, the licensee shall notify the  Secretary  of
33    State  that  he  is  going  out  of  business  or  that he is
34    transferring the ownership of the business. Failure to notify
 
HB4948 Enrolled             -9-               LRB9213001DHgcA
 1    under this paragraph  shall  constitute  a  failure  to  keep
 2    records.
 3        (i)  (Blank)  Any  person who knowingly fails to keep the
 4    records required by this Section or  who  knowingly  violates
 5    this  Section  shall  be  guilty  of  a Class 2 felony.  Each
 6    violation shall constitute a separate  and  distinct  offense
 7    and a separate count may be brought in the same indictment or
 8    information  for  each  vehicle  or  each essential part of a
 9    vehicle for which a record was not kept as required  by  this
10    Section.
11        (j)  A  person  who  knowingly  fails  to comply with the
12    provisions of  this  Section  or  knowingly  fails  to  obey,
13    observe, or comply with any order of the Secretary or any law
14    enforcement  agency issued in accordance with this Section is
15    guilty of a Class B misdemeanor for the first violation and a
16    Class A misdemeanor for the second and subsequent violations.
17    Each violation constitutes a separate  and  distinct  offense
18    and a separate count may be brought in the same indictment or
19    information  for  each  vehicle  or  each essential part of a
20    vehicle for which a record was not kept as required  by  this
21    Section.
22        (k)  Any  person convicted of failing to keep the records
23    required by this Section with intent to conceal the  identity
24    or  origin of a vehicle or its essential parts or with intent
25    to defraud the public in the transfer or sale of vehicles  or
26    their  essential  parts  is  guilty of a Class 2 felony. Each
27    violation constitutes a separate and distinct offense  and  a
28    separate  count  may  be  brought  in  the same indictment or
29    information for each vehicle or essential part of  a  vehicle
30    for which a record was not kept as required by this Section.
31        (l)  A  person  may  not  be  criminally  charged with or
32    convicted of both a  knowing  failure  to  comply  with  this
33    Section  and  a  knowing failure to comply with any order, if
34    both offenses involve the same record keeping violation.
 
HB4948 Enrolled             -10-              LRB9213001DHgcA
 1        (m)  The  Secretary  shall  adopt  rules  necessary   for
 2    implementation   of  this  Section,  which  may  include  the
 3    imposition of administrative fines.
 4    (Source: P.A. 91-415, eff. 1-1-00.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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