Bill Text: IL SB1934 | 2019-2020 | 101st General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Provides that a person licensed as an automotive parts recycler is subject to junk vehicle notification requirements. Provides that an application for licensure as an automotive parts recycler, scrap processor, repairer, or rebuilder will require a National Motor Vehicle Title Information System number and a statement of compliance if applicable. Provides that the Secretary of State shall inspect any vehicle that is 3 (rather than the previous 8) model years of age or newer for which an application for a certificate of title for a rebuilt vehicle is submitted. Provides that the Secretary shall authorize an individual having been consecutively licensed as an automotive parts recycler and a rebuilder for a minimum of 5 years to carry out and implement the inspection of rebuilt vehicles. Provides that 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 of State. Authorizes Secretary of State police investigators to issue administrative citations to certain entities for, among other things, operating without a license. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0572 [SB1934 Detail]
Download: Illinois-2019-SB1934-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Provides that a person licensed as an automotive parts recycler is subject to junk vehicle notification requirements. Provides that an application for licensure as an automotive parts recycler, scrap processor, repairer, or rebuilder will require a National Motor Vehicle Title Information System number and a statement of compliance if applicable. Provides that the Secretary of State shall inspect any vehicle that is 3 (rather than the previous 8) model years of age or newer for which an application for a certificate of title for a rebuilt vehicle is submitted. Provides that the Secretary shall authorize an individual having been consecutively licensed as an automotive parts recycler and a rebuilder for a minimum of 5 years to carry out and implement the inspection of rebuilt vehicles. Provides that 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 of State. Authorizes Secretary of State police investigators to issue administrative citations to certain entities for, among other things, operating without a license. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0572 [SB1934 Detail]
Download: Illinois-2019-SB1934-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 5-301 and 5-803 as follows:
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6 | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
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7 | Sec. 5-301. Automotive parts recyclers, scrap processors, | ||||||
8 | repairers and
rebuilders must be licensed. | ||||||
9 | (a) No person in this State shall, except as an incident to
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10 | the servicing of vehicles, carry on or conduct the business
of | ||||||
11 | an automotive parts recycler, a scrap processor, a repairer,
or | ||||||
12 | a rebuilder, unless licensed to do so in writing by the | ||||||
13 | Secretary of
State under this Section. No person shall rebuild | ||||||
14 | a salvage vehicle
unless such person is licensed as a rebuilder | ||||||
15 | by the Secretary of State
under this Section. No person shall | ||||||
16 | engage in the business of acquiring 5 or more previously owned | ||||||
17 | vehicles in one calendar year for the primary purpose of | ||||||
18 | disposing of those vehicles in the manner described in the | ||||||
19 | definition of a "scrap processor" in this Code unless the | ||||||
20 | person is licensed as an automotive parts recycler by the | ||||||
21 | Secretary of State under this Section. No person shall engage | ||||||
22 | in the act of dismantling, crushing, or altering a vehicle into | ||||||
23 | another form using machinery or equipment unless licensed to do |
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1 | so and only from the fixed location identified on the license | ||||||
2 | issued by the Secretary. Each license shall be applied for and | ||||||
3 | issued
separately, except that a license issued to a new | ||||||
4 | vehicle dealer under
Section 5-101 of this Code shall also be | ||||||
5 | deemed to be a repairer license.
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6 | (b) Any application filed with the Secretary of State, | ||||||
7 | shall be duly
verified by oath, in such form as the Secretary | ||||||
8 | of State may by rule or
regulation prescribe and shall contain:
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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.
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12 | 2. The kind or kinds of business enumerated in | ||||||
13 | subsection (a) of
this Section to be conducted at each | ||||||
14 | location.
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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
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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.
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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
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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:
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6 | (a) the Anti-Theft Laws of the Illinois Vehicle | ||||||
7 | Code;
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8 | (b) the "Certificate of Title Laws" of the Illinois | ||||||
9 | Vehicle Code;
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10 | (c) the "Offenses against Registration and | ||||||
11 | Certificates of Title Laws"
of the Illinois Vehicle | ||||||
12 | Code;
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13 | (d) the "Dealers, Transporters, Wreckers and | ||||||
14 | Rebuilders Laws" of the
Illinois Vehicle Code;
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15 | (e) Section 21-2 of the Criminal Code of 1961 or | ||||||
16 | the Criminal Code of 2012, Criminal Trespass to
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17 | Vehicles; or
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18 | (f) the Retailers Occupation Tax Act.
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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;
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2 | (b) the Consumer Installment Loan Act;
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3 | (c) the Retail Installment Sales Act;
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4 | (d) the Motor Vehicle Retail Installment Sales | ||||||
5 | Act;
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6 | (e) the Interest Act;
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7 | (f) the Illinois Wage Assignment Act;
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8 | (g) Part 8 of Article XII of the Code of Civil | ||||||
9 | Procedure; or
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10 | (h) the Consumer Fraud Act.
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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.
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22 | 7. A statement that the applicant understands Chapter 1 | ||||||
23 | through
Chapter 5 of this Code.
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24 | 8. A statement that the applicant shall comply with
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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.
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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 | ||||||
9 | information
contained in any application for a license filed | ||||||
10 | with the Secretary of
State shall be amended within 30 days | ||||||
11 | after the occurrence of such
change on such form as the | ||||||
12 | Secretary of State may prescribe by rule or
regulation, | ||||||
13 | accompanied by an amendatory fee of $2.
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14 | (d) Anything in this Chapter to the contrary, | ||||||
15 | notwithstanding, no
person shall be licensed under this Section | ||||||
16 | unless such person shall
maintain an established place of | ||||||
17 | business as defined in this Chapter.
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18 | (e) The Secretary of State shall within a reasonable time | ||||||
19 | after
receipt thereof, examine an application submitted to him | ||||||
20 | under this
Section and unless he makes a determination that the | ||||||
21 | application
submitted to him does not conform with the | ||||||
22 | requirements of this Section
or that grounds exist for a denial | ||||||
23 | of the application, as prescribed in
Section 5-501 of this | ||||||
24 | Chapter, grant the applicant an original license
as applied for | ||||||
25 | in writing for his established place of business and a
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26 | supplemental license in writing for each additional place of
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1 | business in such form as he may prescribe by rule or regulation | ||||||
2 | which shall
include the following:
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3 | 1. the name of the person licensed;
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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;
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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;
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13 | 4. in the case of an original license, the established | ||||||
14 | place of
business of the licensee;
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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.
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19 | (f) The appropriate instrument evidencing the license or a | ||||||
20 | certified
copy thereof, provided by the Secretary of State | ||||||
21 | shall be kept, posted,
conspicuously in the established place | ||||||
22 | of business of the
licensee and in each additional place of | ||||||
23 | business, if any, maintained by
such licensee. The licensee | ||||||
24 | also shall post conspicuously in the
established place of | ||||||
25 | business and in each additional place of business a
notice | ||||||
26 | which states that such business is required to be licensed by |
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1 | the
Secretary of State under Section 5-301, and which provides | ||||||
2 | the license
number of the business and the license expiration | ||||||
3 | date. This notice also
shall advise the consumer that any | ||||||
4 | complaints as to the quality of service
may be brought to the | ||||||
5 | attention of the Attorney General. The information
required on | ||||||
6 | this notice also shall be printed conspicuously on all
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7 | estimates and receipts for work by the licensee subject to this | ||||||
8 | Section.
The Secretary of State shall prescribe the specific | ||||||
9 | format of this notice.
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10 | (g) Except as provided in subsection (h) hereof, licenses | ||||||
11 | granted
under this Section shall expire by operation of law on | ||||||
12 | December 31 of
the calendar year for which they are granted | ||||||
13 | unless sooner revoked, nonrenewed, or
cancelled under the | ||||||
14 | provisions of Section 5-501 or 5-501.5 of this Chapter.
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15 | (h) Any license granted under this Section may be renewed | ||||||
16 | upon
application and payment of the fee required herein as in | ||||||
17 | the case of an
original license, provided, however, that in | ||||||
18 | case an application for the
renewal of an effective license is | ||||||
19 | made during the month of December,
such effective license shall | ||||||
20 | remain in force until such application is
granted or denied by | ||||||
21 | the Secretary of State.
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22 | (i) All automotive
repairers and
rebuilders shall, in | ||||||
23 | addition to the requirements of subsections (a)
through
(h) of | ||||||
24 | this Section, meet the following licensing requirements:
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25 | 1. provide proof that the property on which first time
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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;
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3 | 2. provide proof that the applicant for a repairer's
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4 | license complies
with the proper workers' compensation | ||||||
5 | rate code or classification, and
listing the code of | ||||||
6 | classification for that industry;
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7 | 3. provide proof that the applicant for a rebuilder's
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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;
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12 | 4. provide proof that the applicant has obtained or
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13 | applied for a
hazardous waste generator number, and listing | ||||||
14 | the actual number if
available or certificate of exemption;
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15 | 5. provide proof that applicant has proper liability
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16 | insurance, and
listing the name of the insurer and the | ||||||
17 | policy number; and
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18 | 6. provide proof that the applicant has obtained or
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19 | applied for the proper
State sales tax classification and | ||||||
20 | federal identification tax number, and
listing the actual | ||||||
21 | numbers if available.
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22 | (i-1) All automotive repairers shall provide proof that | ||||||
23 | they comply with all requirements of the Automotive Collision | ||||||
24 | Repair Act.
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25 | (j) All automotive
parts
recyclers shall, in addition to | ||||||
26 | the requirements of subsections (a) through
(h) of this |
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1 | Section, meet the following licensing requirements:
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2 | 1. provide a statement that the applicant purchases 5 | ||||||
3 | vehicles
per year or has 5
hulks or chassis in stock;
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4 | 2. provide proof that the property on which all first
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5 | time applicants will
do business does comply to the proper | ||||||
6 | local zoning laws in existence, and
a listing of zoning | ||||||
7 | classifications;
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8 | 3. provide proof that applicant complies with the
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9 | proper workers'
compensation rate code or classification, | ||||||
10 | and listing the code of
classification; and
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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.
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15 | (Source: P.A. 100-409, eff. 8-25-17.)
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16 | (625 ILCS 5/5-803) | ||||||
17 | Sec. 5-803. Administrative penalties. Instead of filing a | ||||||
18 | criminal complaint against a new or used vehicle dealer, or | ||||||
19 | against any other entity licensed by the Secretary under this | ||||||
20 | Code, or any other unlicensed entity acting in violation of | ||||||
21 | this Code, a Secretary of State Police investigator may issue | ||||||
22 | administrative citations for violations of any of the | ||||||
23 | provisions of this Code or any administrative rule adopted by | ||||||
24 | the Secretary under this Code. A party receiving a citation | ||||||
25 | shall have the right to contest the citation in proceedings |
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1 | before the Secretary of State Department of Administrative | ||||||
2 | Hearings. Penalties imposed by issuance of an administrative | ||||||
3 | citation shall not exceed $50 per violation. A penalty may not | ||||||
4 | be imposed unless, during the course of a single investigation | ||||||
5 | or upon review of the party's records, the party is found to | ||||||
6 | have committed at least 3 separate violations of one or more of | ||||||
7 | the provisions of this Code or any administrative rule adopted | ||||||
8 | by the Secretary under this Code. Penalties paid as a result of | ||||||
9 | the issuance of administrative citations shall be deposited in | ||||||
10 | the Secretary of State Police Services Fund.
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11 | (Source: P.A. 97-838, eff. 7-20-12; 98-177, eff. 1-1-14.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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