Bill Amendment: IL SB1934 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: AUTOMOTIVE PARTS RECYCLER
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0572 [SB1934 Detail]
Download: Illinois-2019-SB1934-Senate_Amendment_002.html
Bill Title: AUTOMOTIVE PARTS RECYCLER
Status: 2019-08-23 - Public Act . . . . . . . . . 101-0572 [SB1934 Detail]
Download: Illinois-2019-SB1934-Senate_Amendment_002.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1934
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1934, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
6 | changing Sections 5-301 and 5-803 as follows:
| ||||||
7 | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| ||||||
8 | Sec. 5-301. Automotive parts recyclers, scrap processors, | ||||||
9 | repairers and
rebuilders must be licensed. | ||||||
10 | (a) No person in this State shall, except as an incident to
| ||||||
11 | the servicing of vehicles, carry on or conduct the business
of | ||||||
12 | an automotive parts recycler, a scrap processor, a repairer,
or | ||||||
13 | a rebuilder, unless licensed to do so in writing by the | ||||||
14 | Secretary of
State under this Section. No person shall rebuild | ||||||
15 | a salvage vehicle
unless such person is licensed as a rebuilder | ||||||
16 | by the Secretary of State
under this Section. No person shall |
| |||||||
| |||||||
1 | engage in the business of acquiring 5 or more previously owned | ||||||
2 | vehicles in one calendar year for the primary purpose of | ||||||
3 | disposing of those vehicles in the manner described in the | ||||||
4 | definition of a "scrap processor" in this Code unless the | ||||||
5 | person is licensed as an automotive parts recycler by the | ||||||
6 | Secretary of State under this Section. No person shall engage | ||||||
7 | in the act of dismantling, crushing, or altering a vehicle into | ||||||
8 | another form using machinery or equipment unless licensed to do | ||||||
9 | so and only from the fixed location identified on the license | ||||||
10 | issued by the Secretary. Each license shall be applied for and | ||||||
11 | issued
separately, except that a license issued to a new | ||||||
12 | vehicle dealer under
Section 5-101 of this Code shall also be | ||||||
13 | deemed to be a repairer license.
| ||||||
14 | (b) Any application filed with the Secretary of State, | ||||||
15 | shall be duly
verified by oath, in such form as the Secretary | ||||||
16 | of 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 |
| |||||||
| |||||||
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 or | ||||||
24 | the Criminal Code of 2012, Criminal Trespass to
| ||||||
25 | Vehicles; or
| ||||||
26 | (f) the Retailers Occupation Tax Act.
|
| |||||||
| |||||||
1 | 5. A statement that the applicant's officers, | ||||||
2 | directors, shareholders
having a ten percent or greater | ||||||
3 | ownership interest therein, proprietor,
partner, member, | ||||||
4 | officer, director, trustee, manager or other principals
in | ||||||
5 | the business have not committed in any calendar year 3 or | ||||||
6 | more
violations, as determined in any civil or criminal or | ||||||
7 | administrative
proceedings, of any one or more of the | ||||||
8 | following Acts:
| ||||||
9 | (a) the Consumer Finance Act;
| ||||||
10 | (b) the Consumer Installment Loan Act;
| ||||||
11 | (c) the Retail Installment Sales Act;
| ||||||
12 | (d) the Motor Vehicle Retail Installment Sales | ||||||
13 | Act;
| ||||||
14 | (e) the Interest Act;
| ||||||
15 | (f) the Illinois Wage Assignment Act;
| ||||||
16 | (g) Part 8 of Article XII of the Code of Civil | ||||||
17 | Procedure; or
| ||||||
18 | (h) the Consumer Fraud Act.
| ||||||
19 | 6. An application for a license shall be accompanied by | ||||||
20 | the
following fees:
$50 for applicant's established place | ||||||
21 | of business;
$25 for each
additional place of business, if | ||||||
22 | any, to which the application pertains;
provided, however, | ||||||
23 | that if such an application is made after June 15 of
any | ||||||
24 | year, the license fee shall be $25 for applicant's | ||||||
25 | established
place
of business plus $12.50 for each | ||||||
26 | additional place of business, if
any,
to which the |
| |||||||
| |||||||
1 | application pertains. License fees shall be returnable | ||||||
2 | only
in the event that such application shall be denied by | ||||||
3 | the Secretary of
State.
| ||||||
4 | 7. A statement that the applicant understands Chapter 1 | ||||||
5 | through
Chapter 5 of this Code.
| ||||||
6 | 8. A statement that the applicant shall comply with
| ||||||
7 | subsection (e)
of this Section. | ||||||
8 | 9. A statement indicating if the applicant, including | ||||||
9 | any of the applicant's affiliates or predecessor | ||||||
10 | corporations, has been subject to the revocation or | ||||||
11 | nonrenewal of a business license by a municipality under | ||||||
12 | Section 5-501.5 of this Code.
| ||||||
13 | 10. The applicant's National Motor Vehicle Title | ||||||
14 | Information System number and a statement of compliance if | ||||||
15 | applicable. | ||||||
16 | (c) Any change which renders no longer accurate any | ||||||
17 | information
contained in any application for a license filed | ||||||
18 | with the Secretary of
State shall be amended within 30 days | ||||||
19 | after the occurrence of such
change on such form as the | ||||||
20 | Secretary of State may prescribe by rule or
regulation, | ||||||
21 | accompanied by an amendatory fee of $2.
| ||||||
22 | (d) Anything in this Chapter to the contrary, | ||||||
23 | notwithstanding, no
person shall be licensed under this Section | ||||||
24 | unless such person shall
maintain an established place of | ||||||
25 | business as defined in this Chapter.
| ||||||
26 | (e) The Secretary of State shall within a reasonable time |
| |||||||
| |||||||
1 | after
receipt thereof, examine an application submitted to him | ||||||
2 | under this
Section and unless he makes a determination that the | ||||||
3 | application
submitted to him does not conform with the | ||||||
4 | requirements of this Section
or that grounds exist for a denial | ||||||
5 | of the application, as prescribed in
Section 5-501 of this | ||||||
6 | Chapter, grant the applicant an original license
as applied for | ||||||
7 | in writing for his established place of business and a
| ||||||
8 | supplemental license in writing for each additional place of
| ||||||
9 | business in such form as he may prescribe by rule or regulation | ||||||
10 | which shall
include the following:
| ||||||
11 | 1. the name of the person licensed;
| ||||||
12 | 2. if a corporation, the name and address of its | ||||||
13 | officers or if a
sole proprietorship, a partnership, an | ||||||
14 | unincorporated association or any
similar form of business | ||||||
15 | organization, the name and address of the
proprietor or of | ||||||
16 | each partner, member, officer, director, trustee or | ||||||
17 | manager;
| ||||||
18 | 3. a designation of the kind or kinds of business | ||||||
19 | enumerated in
subsection (a) of this Section to be | ||||||
20 | conducted at each location;
| ||||||
21 | 4. in the case of an original license, the established | ||||||
22 | place of
business of the licensee;
| ||||||
23 | 5. in the case of a supplemental license, the | ||||||
24 | established place of
business of the licensee and the | ||||||
25 | additional place of business to which such
supplemental | ||||||
26 | license pertains.
|
| |||||||
| |||||||
1 | (f) The appropriate instrument evidencing the license or a | ||||||
2 | certified
copy thereof, provided by the Secretary of State | ||||||
3 | shall be kept, posted,
conspicuously in the established place | ||||||
4 | of business of the
licensee and in each additional place of | ||||||
5 | business, if any, maintained by
such licensee. The licensee | ||||||
6 | also shall post conspicuously in the
established place of | ||||||
7 | business and in each additional place of business a
notice | ||||||
8 | which states that such business is required to be licensed by | ||||||
9 | the
Secretary of State under Section 5-301, and which provides | ||||||
10 | the license
number of the business and the license expiration | ||||||
11 | date. This notice also
shall advise the consumer that any | ||||||
12 | complaints as to the quality of service
may be brought to the | ||||||
13 | attention of the Attorney General. The information
required on | ||||||
14 | this notice also shall be printed conspicuously on all
| ||||||
15 | estimates and receipts for work by the licensee subject to this | ||||||
16 | Section.
The Secretary of State shall prescribe the specific | ||||||
17 | format of this notice.
| ||||||
18 | (g) Except as provided in subsection (h) hereof, licenses | ||||||
19 | granted
under this Section shall expire by operation of law on | ||||||
20 | December 31 of
the calendar year for which they are granted | ||||||
21 | unless sooner revoked, nonrenewed, or
cancelled under the | ||||||
22 | provisions of Section 5-501 or 5-501.5 of this Chapter.
| ||||||
23 | (h) Any license granted under this Section may be renewed | ||||||
24 | upon
application and payment of the fee required herein as in | ||||||
25 | the case of an
original license, provided, however, that in | ||||||
26 | case an application for the
renewal of an effective license is |
| |||||||
| |||||||
1 | made during the month of December,
such effective license shall | ||||||
2 | remain in force until such application is
granted or denied by | ||||||
3 | the Secretary of State.
| ||||||
4 | (i) All automotive
repairers and
rebuilders shall, in | ||||||
5 | addition to the requirements of subsections (a)
through
(h) of | ||||||
6 | this Section, meet the following licensing requirements:
| ||||||
7 | 1. provide proof that the property on which first time
| ||||||
8 | applicants plan to
do business is in compliance with local | ||||||
9 | zoning laws and regulations, and
a listing of zoning | ||||||
10 | classification;
| ||||||
11 | 2. provide proof that the applicant for a repairer's
| ||||||
12 | license complies
with the proper workers' compensation | ||||||
13 | rate code or classification, and
listing the code of | ||||||
14 | classification for that industry;
| ||||||
15 | 3. provide proof that the applicant for a rebuilder's
| ||||||
16 | license complies
with the proper workers' compensation | ||||||
17 | rate code or classification for the
repair industry or the | ||||||
18 | auto parts recycling industry and listing the code
of | ||||||
19 | classification;
| ||||||
20 | 4. provide proof that the applicant has obtained or
| ||||||
21 | applied for a
hazardous waste generator number, and listing | ||||||
22 | the actual number if
available or certificate of exemption;
| ||||||
23 | 5. provide proof that applicant has proper liability
| ||||||
24 | insurance, and
listing the name of the insurer and the | ||||||
25 | policy number; and
| ||||||
26 | 6. provide proof that the applicant has obtained or
|
| |||||||
| |||||||
1 | applied for the proper
State sales tax classification and | ||||||
2 | federal identification tax number, and
listing the actual | ||||||
3 | numbers if available.
| ||||||
4 | (i-1) All automotive repairers shall provide proof that | ||||||
5 | they comply with all requirements of the Automotive Collision | ||||||
6 | Repair Act.
| ||||||
7 | (j) All automotive
parts
recyclers shall, in addition to | ||||||
8 | the requirements of subsections (a) through
(h) of this | ||||||
9 | Section, meet the following licensing requirements:
| ||||||
10 | 1. provide a statement that the applicant purchases 5 | ||||||
11 | vehicles
per year or has 5
hulks or chassis in stock;
| ||||||
12 | 2. provide proof that the property on which all first
| ||||||
13 | time applicants will
do business does comply to the proper | ||||||
14 | local zoning laws in existence, and
a listing of zoning | ||||||
15 | classifications;
| ||||||
16 | 3. provide proof that applicant complies with the
| ||||||
17 | proper workers'
compensation rate code or classification, | ||||||
18 | and listing the code of
classification; and
| ||||||
19 | 4. provide proof that applicant has obtained or
applied | ||||||
20 | for the proper
State sales tax classification and federal | ||||||
21 | identification tax number, and
listing the actual numbers | ||||||
22 | if available.
| ||||||
23 | (Source: P.A. 100-409, eff. 8-25-17.)
| ||||||
24 | (625 ILCS 5/5-803) | ||||||
25 | Sec. 5-803. Administrative penalties. Instead of filing a |
| |||||||
| |||||||
1 | criminal complaint against a new or used vehicle dealer, or | ||||||
2 | against any other entity licensed by the Secretary under this | ||||||
3 | Code, or any other unlicensed entity acting in violation of | ||||||
4 | this Code, a Secretary of State Police investigator may issue | ||||||
5 | administrative citations for violations of any of the | ||||||
6 | provisions of this Code or any administrative rule adopted by | ||||||
7 | the Secretary under this Code. A party receiving a citation | ||||||
8 | shall have the right to contest the citation in proceedings | ||||||
9 | before the Secretary of State Department of Administrative | ||||||
10 | Hearings. Penalties imposed by issuance of an administrative | ||||||
11 | citation shall not exceed $50 per violation. A penalty may not | ||||||
12 | be imposed unless, during the course of a single investigation | ||||||
13 | or upon review of the party's records, the party is found to | ||||||
14 | have committed at least 3 separate violations of one or more of | ||||||
15 | the provisions of this Code or any administrative rule adopted | ||||||
16 | by the Secretary under this Code. Penalties paid as a result of | ||||||
17 | the issuance of administrative citations shall be deposited in | ||||||
18 | the Secretary of State Police Services Fund.
| ||||||
19 | (Source: P.A. 97-838, eff. 7-20-12; 98-177, eff. 1-1-14.)
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
|