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


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

Spectrum: Slight Partisan Bill (Democrat 6-3)

Status: (Engrossed) 2019-05-16 - House Floor Amendment No. 1 Rules Refers to Transportation: Vehicles & Safety Committee [SB1934 Detail]

Download: Illinois-2019-SB1934-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Sections 5-301 and 5-803 as follows:
6 (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
7 Sec. 5-301. Automotive parts recyclers, scrap processors,
8repairers and rebuilders must be licensed.
9 (a) No person in this State shall, except as an incident to
10the servicing of vehicles, carry on or conduct the business of
11an automotive parts recycler, a scrap processor, a repairer, or
12a rebuilder, unless licensed to do so in writing by the
13Secretary of State under this Section. No person shall rebuild
14a salvage vehicle unless such person is licensed as a rebuilder
15by the Secretary of State under this Section. No person shall
16engage in the business of acquiring 5 or more previously owned
17vehicles in one calendar year for the primary purpose of
18disposing of those vehicles in the manner described in the
19definition of a "scrap processor" in this Code unless the
20person is licensed as an automotive parts recycler by the
21Secretary of State under this Section. No person shall engage
22in the act of dismantling, crushing, or altering a vehicle into
23another form using machinery or equipment unless licensed to do

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1so and only from the fixed location identified on the license
2issued by the Secretary. Each license shall be applied for and
3issued separately, except that a license issued to a new
4vehicle dealer under Section 5-101 of this Code shall also be
5deemed to be a repairer license.
6 (b) Any application filed with the Secretary of State,
7shall be duly verified by oath, in such form as the Secretary
8of State may by rule or regulation prescribe and shall contain:
9 1. The name and type of business organization of the
10 applicant and his principal or additional places of
11 business, if any, in this State.
12 2. The kind or kinds of business enumerated in
13 subsection (a) of this Section to be conducted at each
14 location.
15 3. If the applicant is a corporation, a list of its
16 officers, directors, and shareholders having a ten percent
17 or greater ownership interest in the corporation, setting
18 forth the residence address of each; if the applicant is a
19 sole proprietorship, a partnership, an unincorporated
20 association, a trust, or any similar form of business
21 organization, the names and residence address of the
22 proprietor or of each partner, member, officer, director,
23 trustee or manager.
24 4. A statement that the applicant's officers,
25 directors, shareholders having a ten percent or greater
26 ownership interest therein, proprietor, partner, member,

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1 officer, director, trustee, manager, or other principals
2 in the business have not committed in the past three years
3 any one violation as determined in any civil or criminal or
4 administrative proceedings of any one of the following
5 Acts:
6 (a) the Anti-Theft Laws of the Illinois Vehicle
7 Code;
8 (b) the "Certificate of Title Laws" of the Illinois
9 Vehicle Code;
10 (c) the "Offenses against Registration and
11 Certificates of Title Laws" of the Illinois Vehicle
12 Code;
13 (d) the "Dealers, Transporters, Wreckers and
14 Rebuilders Laws" of the Illinois Vehicle Code;
15 (e) Section 21-2 of the Criminal Code of 1961 or
16 the Criminal Code of 2012, Criminal Trespass to
17 Vehicles; or
18 (f) the Retailers Occupation Tax Act.
19 5. A statement that the applicant's officers,
20 directors, shareholders having a ten percent or greater
21 ownership interest therein, proprietor, partner, member,
22 officer, director, trustee, manager or other principals in
23 the business have not committed in any calendar year 3 or
24 more violations, as determined in any civil or criminal or
25 administrative proceedings, of any one or more of the
26 following Acts:

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1 (a) the Consumer Finance Act;
2 (b) the Consumer Installment Loan Act;
3 (c) the Retail Installment Sales Act;
4 (d) the Motor Vehicle Retail Installment Sales
5 Act;
6 (e) the Interest Act;
7 (f) the Illinois Wage Assignment Act;
8 (g) Part 8 of Article XII of the Code of Civil
9 Procedure; or
10 (h) the Consumer Fraud Act.
11 6. An application for a license shall be accompanied by
12 the following fees: $50 for applicant's established place
13 of business; $25 for each additional place of business, if
14 any, to which the application pertains; provided, however,
15 that if such an application is made after June 15 of any
16 year, the license fee shall be $25 for applicant's
17 established place of business plus $12.50 for each
18 additional place of business, if any, to which the
19 application pertains. License fees shall be returnable
20 only in the event that such application shall be denied by
21 the Secretary of State.
22 7. A statement that the applicant understands Chapter 1
23 through Chapter 5 of this Code.
24 8. A statement that the applicant shall comply with
25 subsection (e) of this Section.
26 9. A statement indicating if the applicant, including

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1 any of the applicant's affiliates or predecessor
2 corporations, has been subject to the revocation or
3 nonrenewal of a business license by a municipality under
4 Section 5-501.5 of this Code.
5 10. The applicant's National Motor Vehicle Title
6 Information System number and a statement of compliance if
7 applicable.
8 (c) Any change which renders no longer accurate any
9information contained in any application for a license filed
10with the Secretary of State shall be amended within 30 days
11after the occurrence of such change on such form as the
12Secretary of State may prescribe by rule or regulation,
13accompanied by an amendatory fee of $2.
14 (d) Anything in this Chapter to the contrary,
15notwithstanding, no person shall be licensed under this Section
16unless such person shall maintain an established place of
17business as defined in this Chapter.
18 (e) The Secretary of State shall within a reasonable time
19after receipt thereof, examine an application submitted to him
20under this Section and unless he makes a determination that the
21application submitted to him does not conform with the
22requirements of this Section or that grounds exist for a denial
23of the application, as prescribed in Section 5-501 of this
24Chapter, grant the applicant an original license as applied for
25in writing for his established place of business and a
26supplemental license in writing for each additional place of

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1business in such form as he may prescribe by rule or regulation
2which shall include the following:
3 1. the name of the person licensed;
4 2. if a corporation, the name and address of its
5 officers or if a sole proprietorship, a partnership, an
6 unincorporated association or any similar form of business
7 organization, the name and address of the proprietor or of
8 each partner, member, officer, director, trustee or
9 manager;
10 3. a designation of the kind or kinds of business
11 enumerated in subsection (a) of this Section to be
12 conducted at each location;
13 4. in the case of an original license, the established
14 place of business of the licensee;
15 5. in the case of a supplemental license, the
16 established place of business of the licensee and the
17 additional place of business to which such supplemental
18 license pertains.
19 (f) The appropriate instrument evidencing the license or a
20certified copy thereof, provided by the Secretary of State
21shall be kept, posted, conspicuously in the established place
22of business of the licensee and in each additional place of
23business, if any, maintained by such licensee. The licensee
24also shall post conspicuously in the established place of
25business and in each additional place of business a notice
26which states that such business is required to be licensed by

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1the Secretary of State under Section 5-301, and which provides
2the license number of the business and the license expiration
3date. This notice also shall advise the consumer that any
4complaints as to the quality of service may be brought to the
5attention of the Attorney General. The information required on
6this notice also shall be printed conspicuously on all
7estimates and receipts for work by the licensee subject to this
8Section. The Secretary of State shall prescribe the specific
9format of this notice.
10 (g) Except as provided in subsection (h) hereof, licenses
11granted under this Section shall expire by operation of law on
12December 31 of the calendar year for which they are granted
13unless sooner revoked, nonrenewed, or cancelled under the
14provisions of Section 5-501 or 5-501.5 of this Chapter.
15 (h) Any license granted under this Section may be renewed
16upon application and payment of the fee required herein as in
17the case of an original license, provided, however, that in
18case an application for the renewal of an effective license is
19made during the month of December, such effective license shall
20remain in force until such application is granted or denied by
21the Secretary of State.
22 (i) All automotive repairers and rebuilders shall, in
23addition to the requirements of subsections (a) through (h) of
24this Section, meet the following licensing requirements:
25 1. provide proof that the property on which first time
26 applicants plan to do business is in compliance with local

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1 zoning laws and regulations, and a listing of zoning
2 classification;
3 2. provide proof that the applicant for a repairer's
4 license complies with the proper workers' compensation
5 rate code or classification, and listing the code of
6 classification for that industry;
7 3. provide proof that the applicant for a rebuilder's
8 license complies with the proper workers' compensation
9 rate code or classification for the repair industry or the
10 auto parts recycling industry and listing the code of
11 classification;
12 4. provide proof that the applicant has obtained or
13 applied for a hazardous waste generator number, and listing
14 the actual number if available or certificate of exemption;
15 5. provide proof that applicant has proper liability
16 insurance, and listing the name of the insurer and the
17 policy number; and
18 6. provide proof that the applicant has obtained or
19 applied for the proper State sales tax classification and
20 federal identification tax number, and listing the actual
21 numbers if available.
22 (i-1) All automotive repairers shall provide proof that
23they comply with all requirements of the Automotive Collision
24Repair Act.
25 (j) All automotive parts recyclers shall, in addition to
26the requirements of subsections (a) through (h) of this

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1Section, meet the following licensing requirements:
2 1. provide a statement that the applicant purchases 5
3 vehicles per year or has 5 hulks or chassis in stock;
4 2. provide proof that the property on which all first
5 time applicants will do business does comply to the proper
6 local zoning laws in existence, and a listing of zoning
7 classifications;
8 3. provide proof that applicant complies with the
9 proper workers' compensation rate code or classification,
10 and listing the code of classification; and
11 4. provide proof that applicant has obtained or applied
12 for the proper State sales tax classification and federal
13 identification tax number, and listing the actual numbers
14 if available.
15(Source: P.A. 100-409, eff. 8-25-17.)
16 (625 ILCS 5/5-803)
17 Sec. 5-803. Administrative penalties. Instead of filing a
18criminal complaint against a new or used vehicle dealer, or
19against any other entity licensed by the Secretary under this
20Code, or any other unlicensed entity acting in violation of
21this Code, a Secretary of State Police investigator may issue
22administrative citations for violations of any of the
23provisions of this Code or any administrative rule adopted by
24the Secretary under this Code. A party receiving a citation
25shall have the right to contest the citation in proceedings

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1before the Secretary of State Department of Administrative
2Hearings. Penalties imposed by issuance of an administrative
3citation shall not exceed $50 per violation. A penalty may not
4be imposed unless, during the course of a single investigation
5or upon review of the party's records, the party is found to
6have committed at least 3 separate violations of one or more of
7the provisions of this Code or any administrative rule adopted
8by the Secretary under this Code. Penalties paid as a result of
9the issuance of administrative citations shall be deposited in
10the Secretary of State Police Services Fund.
11(Source: P.A. 97-838, eff. 7-20-12; 98-177, eff. 1-1-14.)
12 Section 99. Effective date. This Act takes effect upon
13becoming law.
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