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.