Bill Text: IL SB1934 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0572 [SB1934 Detail]

Download: Illinois-2019-SB1934-Chaptered.html



Public Act 101-0572
SB1934 EnrolledLRB101 08765 TAE 53852 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-154.7, 5-301, 5-302, and 5-803 as follows:
(625 ILCS 5/1-154.7)
Sec. 1-154.7. Out-of-state salvage vehicle buyer. A person
who is licensed in another state or jurisdiction and acquires
salvage or junk vehicles for the primary purpose of taking them
out of this State state.
(Source: P.A. 95-783, eff. 1-1-09.)
(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
Sec. 5-301. Automotive parts recyclers, scrap processors,
repairers and rebuilders must be licensed.
(a) No person in this State shall, except as an incident to
the servicing of vehicles, carry on or conduct the business of
an automotive parts recycler, a scrap processor, a repairer, or
a rebuilder, unless licensed to do so in writing by the
Secretary of State under this Section. No person shall rebuild
a salvage vehicle unless such person is licensed as a rebuilder
by the Secretary of State under this Section. No person shall
engage in the business of acquiring 5 or more previously owned
vehicles in one calendar year for the primary purpose of
disposing of those vehicles in the manner described in the
definition of a "scrap processor" in this Code unless the
person is licensed as an automotive parts recycler by the
Secretary of State under this Section. No person shall engage
in the act of dismantling, crushing, or altering a vehicle into
another form using machinery or equipment unless licensed to do
so and only from the fixed location identified on the license
issued by the Secretary. Each license shall be applied for and
issued separately, except that a license issued to a new
vehicle dealer under Section 5-101 of this Code shall also be
deemed to be a repairer license.
(b) Any application filed with the Secretary of State,
shall be duly verified by oath, in such form as the Secretary
of State may by rule or regulation prescribe and shall contain:
1. The name and type of business organization of the
applicant and his principal or additional places of
business, if any, in this State.
2. The kind or kinds of business enumerated in
subsection (a) of this Section to be conducted at each
location.
3. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee or manager.
4. A statement that the applicant's officers,
directors, shareholders having a ten percent or greater
ownership interest therein, proprietor, partner, member,
officer, director, trustee, manager, or other principals
in the business have not committed in the past three years
any one violation as determined in any civil or criminal or
administrative proceedings of any one of the following
Acts:
(a) the Anti-Theft Laws of the Illinois Vehicle
Code;
(b) the "Certificate of Title Laws" of the Illinois
Vehicle Code;
(c) the "Offenses against Registration and
Certificates of Title Laws" of the Illinois Vehicle
Code;
(d) the "Dealers, Transporters, Wreckers and
Rebuilders Laws" of the Illinois Vehicle Code;
(e) Section 21-2 of the Criminal Code of 1961 or
the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(f) the Retailers Occupation Tax Act.
5. A statement that the applicant's officers,
directors, shareholders having a ten percent or greater
ownership interest therein, proprietor, partner, member,
officer, director, trustee, manager or other principals in
the business have not committed in any calendar year 3 or
more violations, as determined in any civil or criminal or
administrative proceedings, of any one or more of the
following Acts:
(a) the Consumer Finance Act;
(b) the Consumer Installment Loan Act;
(c) the Retail Installment Sales Act;
(d) the Motor Vehicle Retail Installment Sales
Act;
(e) the Interest Act;
(f) the Illinois Wage Assignment Act;
(g) Part 8 of Article XII of the Code of Civil
Procedure; or
(h) the Consumer Fraud Act.
6. An application for a license shall be accompanied by
the following fees: $50 for applicant's established place
of business; $25 for each additional place of business, if
any, to which the application pertains; provided, however,
that if such an application is made after June 15 of any
year, the license fee shall be $25 for applicant's
established place of business plus $12.50 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that such application shall be denied by
the Secretary of State.
7. A statement that the applicant understands Chapter 1
through Chapter 5 of this Code.
8. A statement that the applicant shall comply with
subsection (e) of this Section.
9. A statement indicating if the applicant, including
any of the applicant's affiliates or predecessor
corporations, has been subject to the revocation or
nonrenewal of a business license by a municipality under
Section 5-501.5 of this Code.
10. The applicant's National Motor Vehicle Title
Information System number and a statement of compliance if
applicable.
(c) Any change which renders no longer accurate any
information contained in any application for a license filed
with the Secretary of State shall be amended within 30 days
after the occurrence of such change on such form as the
Secretary of State may prescribe by rule or regulation,
accompanied by an amendatory fee of $2.
(d) Anything in this Chapter to the contrary,
notwithstanding, no person shall be licensed under this Section
unless such person shall maintain an established place of
business as defined in this Chapter.
(e) The Secretary of State shall within a reasonable time
after receipt thereof, examine an application submitted to him
under this Section and unless he makes a determination that the
application submitted to him does not conform with the
requirements of this Section or that grounds exist for a denial
of the application, as prescribed in Section 5-501 of this
Chapter, grant the applicant an original license as applied for
in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation
which shall include the following:
1. the name of the person licensed;
2. if a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business
organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee or
manager;
3. a designation of the kind or kinds of business
enumerated in subsection (a) of this Section to be
conducted at each location;
4. in the case of an original license, the established
place of business of the licensee;
5. in the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept, posted, conspicuously in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee. The licensee
also shall post conspicuously in the established place of
business and in each additional place of business a notice
which states that such business is required to be licensed by
the Secretary of State under Section 5-301, and which provides
the license number of the business and the license expiration
date. This notice also shall advise the consumer that any
complaints as to the quality of service may be brought to the
attention of the Attorney General. The information required on
this notice also shall be printed conspicuously on all
estimates and receipts for work by the licensee subject to this
Section. The Secretary of State shall prescribe the specific
format of this notice.
(g) Except as provided in subsection (h) hereof, licenses
granted under this Section shall expire by operation of law on
December 31 of the calendar year for which they are granted
unless sooner revoked, nonrenewed, or cancelled under the
provisions of Section 5-501 or 5-501.5 of this Chapter.
(h) Any license granted under this Section may be renewed
upon application and payment of the fee required herein as in
the case of an original license, provided, however, that in
case an application for the renewal of an effective license is
made during the month of December, such effective license shall
remain in force until such application is granted or denied by
the Secretary of State.
(i) All automotive repairers and rebuilders shall, in
addition to the requirements of subsections (a) through (h) of
this Section, meet the following licensing requirements:
1. provide proof that the property on which first time
applicants plan to do business is in compliance with local
zoning laws and regulations, and a listing of zoning
classification;
2. provide proof that the applicant for a repairer's
license complies with the proper workers' compensation
rate code or classification, and listing the code of
classification for that industry;
3. provide proof that the applicant for a rebuilder's
license complies with the proper workers' compensation
rate code or classification for the repair industry or the
auto parts recycling industry and listing the code of
classification;
4. provide proof that the applicant has obtained or
applied for a hazardous waste generator number, and listing
the actual number if available or certificate of exemption;
5. provide proof that applicant has proper liability
insurance, and listing the name of the insurer and the
policy number; and
6. provide proof that the applicant has obtained or
applied for the proper State sales tax classification and
federal identification tax number, and listing the actual
numbers if available.
(i-1) All automotive repairers shall provide proof that
they comply with all requirements of the Automotive Collision
Repair Act.
(j) All automotive parts recyclers shall, in addition to
the requirements of subsections (a) through (h) of this
Section, meet the following licensing requirements:
1. provide a statement that the applicant purchases 5
vehicles per year or has 5 hulks or chassis in stock;
2. provide proof that the property on which all first
time applicants will do business does comply to the proper
local zoning laws in existence, and a listing of zoning
classifications;
3. provide proof that applicant complies with the
proper workers' compensation rate code or classification,
and listing the code of classification; and
4. provide proof that applicant has obtained or applied
for the proper State sales tax classification and federal
identification tax number, and listing the actual numbers
if available.
(Source: P.A. 100-409, eff. 8-25-17.)
(625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)
Sec. 5-302. Out-of-state salvage vehicle buyer must be
licensed.
(a) No person in this State shall sell or offer at auction
a salvage vehicle vehicles to a nonresident individual or
business licensed in the United States unless the nonresident
is who is not licensed in another state or jurisdiction and
provides a resale tax certificate, if applicable, and one of
the following: a National Motor Vehicle Title Information
System (NMVTIS) number, a federal employer identification
number, or a government-issued driver's license or passport. A
person in this State shall not sell at auction a salvage
vehicle to an out-of-country buyer, unless if the nonresident
is licensed in a jurisdiction that is not a state, then the
nonresident shall provide to the seller the number of the
nonresident's license issued by that jurisdiction and a copy of
the nonresident's passport or the passport of an owner or
officer of the nonresident entity or a copy of another form of
government-issued identification from the nonresident or an
owner or officer of the nonresident entity.
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) An out-of-state salvage vehicle buyer shall be subject
to the inspection of records pertaining to the acquisition of
salvage vehicles in this State in accordance with this Code and
such rules as the Secretary of State may promulgate.
(h) (Blank).
(i) (Blank).
(j) An out-of-state salvage vehicle buyer who provides an
address outside of the United States shall receive a salvage
certificate stamped by the seller with the designation of "For
Export Only" at the point of sale for each salvage vehicle
purchased and the NMVTIS record shall be designated "EXPORT".
(Source: P.A. 95-783, eff. 1-1-09.)
(625 ILCS 5/5-803)
Sec. 5-803. Administrative penalties. Instead of filing a
criminal complaint against a new or used vehicle dealer, or
against any other entity licensed by the Secretary under this
Code, or any other unlicensed entity acting in violation of
this Code, a Secretary of State Police investigator may issue
administrative citations for violations of any of the
provisions of this Code or any administrative rule adopted by
the Secretary under this Code. A party receiving a citation
shall have the right to contest the citation in proceedings
before the Secretary of State Department of Administrative
Hearings. Penalties imposed by issuance of an administrative
citation shall not exceed $50 per violation. A penalty may not
be imposed unless, during the course of a single investigation
or upon review of the party's records, the party is found to
have committed at least 3 separate violations of one or more of
the provisions of this Code or any administrative rule adopted
by the Secretary under this Code. Penalties paid as a result of
the issuance of administrative citations shall be deposited in
the Secretary of State Police Services Fund.
(Source: P.A. 97-838, eff. 7-20-12; 98-177, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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