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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
92_HB4948eng HB4948 Engrossed 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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 Engrossed -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 second business day after receiving the 12 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 Engrossed -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 Engrossed -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 Engrossed -9- LRB9213001DHgcA 1 under this paragraph shall constitute a failure to keep 2 records. 3 (i) (Blank)Any person who knowingly fails to keep the4records required by this Section or who knowingly violates5this Section shall be guilty of a Class 2 felony. Each6violation shall constitute a separate and distinct offense7and a separate count may be brought in the same indictment or8information for each vehicle or each essential part of a9vehicle for which a record was not kept as required by this10Section. 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) The Secretary shall adopt rules necessary for 32 implementation of this Section, which may include the 33 imposition of administrative fines. 34 (Source: P.A. 91-415, eff. 1-1-00.) HB4948 Engrossed -10- LRB9213001DHgcA 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.