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| Public Act 102-0318 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Section 5-402.1 as follows:
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(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
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Sec. 5-402.1. Use of Secretary of State Uniform Invoice | ||||
for Essential
Parts. | ||||
(a) Except for scrap processors, every person licensed or | ||||
required
to be licensed under Section 5-101, 5-101.1, 5-102, | ||||
5-102.8, or 5-301 of this Code
shall
issue, in a form the | ||||
Secretary of State may by rule or regulation
prescribe, a | ||||
Uniform Invoice, which may also act as a bill of sale, made
out | ||||
in triplicate with respect to each transaction in which he | ||||
disposes of
an essential part other than quarter panels and | ||||
transmissions of vehicles
of the first division. Such Invoice | ||||
shall be made out at the time of the
disposition of the | ||||
essential part. If the licensee disposes of several
essential | ||||
parts in the same transaction, the licensee may issue one | ||||
Uniform
Invoice covering all essential parts disposed of in | ||||
that transaction.
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(b) The following information shall be contained on the | ||||
Uniform Invoice:
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(1) the business name, address and dealer license | ||
number of the person
disposing of the essential part;
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(2) the name and address of the person acquiring the | ||
essential part,
and if that person is a dealer, the | ||
Illinois or out-of-state dealer license
number of that | ||
dealer;
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(3) the date of the disposition of the essential part;
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(4) the year, make, model, color and description of | ||
each essential part
disposed of by the person;
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(5) the manufacturer's vehicle identification number, | ||
Secretary of State
identification
number or Illinois | ||
Department of State Police identification number,
for each | ||
essential
part disposed of by the person;
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(6) the printed name and legible signature of the | ||
person or agent disposing of the
essential part; and
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(7) if the person is a dealer the printed name and | ||
legible
signature of the dealer or his agent or employee | ||
accepting
delivery of
the essential part.
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(c) Except for scrap processors, and except as set forth | ||
in subsection
(d) of this Section, whenever a person licensed | ||
or
required to be licensed by Section
5-101, 5-101.1, 5-102, | ||
or 5-301 accepts delivery of an essential
part, other than | ||
quarter panels and transmissions of vehicles of the
first | ||
division, that person shall, at the time of the acceptance or
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delivery, comply
with the following procedures:
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(1) Before acquiring or accepting delivery of any
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essential part, the licensee or
his authorized agent or | ||
employee shall inspect the part to determine
whether the | ||
vehicle identification number, Secretary of State
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identification number, Illinois Department of State Police
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identification number, or identification plate or sticker | ||
attached to or
stamped on any part being acquired or | ||
delivered has been removed,
falsified, altered, defaced, | ||
destroyed, or tampered with. If the licensee
or his agent | ||
or employee determines that the vehicle identification | ||
number,
Secretary of State identification number, Illinois | ||
Department of State
Police identification number, | ||
identification plate or identification
sticker containing | ||
an identification number, or Federal Certificate label
of | ||
an essential part has been removed, falsified, altered, | ||
defaced,
destroyed or tampered with, the licensee or agent | ||
shall not accept or receive
that part.
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If that part was physically acquired by or delivered | ||
to a licensee or
his agent or employee while that | ||
licensee, agent or employee was outside
this State, that | ||
licensee or agent or employee shall not bring that
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essential part into this State or cause it to be brought | ||
into this State.
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(2) If the person disposing of or delivering the | ||
essential part to
the licensee is a licensed in-state or | ||
out-of-state dealer, the licensee or
his agent or | ||
employee, after inspecting the essential part as required | ||
by
paragraph (1) of this subsection (c), shall examine the | ||
Uniform Invoice, or
bill of sale, as the case may be, to | ||
ensure that it contains all the
information required to be | ||
provided by persons disposing
of essential parts as set | ||
forth in subsection (b) of this Section. If the
Uniform | ||
Invoice or bill of sale does not contain all the | ||
information
required to be listed by subsection (b) of | ||
this Section, the dealer
disposing of or delivering such | ||
part or his agent or employee shall record
such additional | ||
information or other needed modifications on the Uniform
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Invoice or bill of sale or, if needed, an attachment | ||
thereto. The dealer
or his agent or employee delivering | ||
the essential part shall initial all
additions or | ||
modifications to the Uniform Invoice or bill of sale and
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legibly print his name at the bottom of each document | ||
containing his
initials. If the transaction involves a | ||
bill of sale rather
than a Uniform Invoice, the licensee | ||
or his agent or employee accepting
delivery of or | ||
acquiring the essential part shall affix his printed name
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and legible signature on the space on the bill of sale | ||
provided for his
signature or, if no space is provided, on | ||
the back of the bill of sale.
If the dealer or his agent or
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employee disposing of or delivering the essential part | ||
cannot or does
not provide all the information required by
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subsection (b) of this Section, the licensee or his agent | ||
or employee shall
not accept or receive any essential part | ||
for which that required
information is not provided. If | ||
such essential part for which the
information required is | ||
not fully provided was physically acquired while
the | ||
licensee or his agent or employee was outside this State, | ||
the licensee
or his agent or employee shall not bring that | ||
essential part into this
State or cause it to be brought | ||
into this State.
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(3) If the person disposing of the essential part is | ||
not a licensed
dealer, the licensee or his agent or | ||
employee shall, after inspecting the
essential part as | ||
required by paragraph (1) of subsection (c) of this
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Section verify the identity of the person disposing of
the | ||
essential part
by examining 2 sources of identification, | ||
one of which shall be either a
driver's license or state | ||
identification card. The licensee or his agent
or employee | ||
shall then prepare a Uniform Invoice listing all the
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information required to be provided by subsection (b) of | ||
this Section. In
the space on the Uniform Invoice provided | ||
for the dealer license number of
the person disposing of | ||
the part, the licensee or his agent or employee
shall list | ||
the numbers taken from the documents of identification | ||
provided
by the person disposing of the part. The person
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disposing of the part
shall affix his printed name and | ||
legible signature on the space on the
Uniform Invoice | ||
provided for the person disposing of the
essential part | ||
and
the licensee or his agent or employee acquiring the | ||
part shall affix his
printed name and legible signature on | ||
the space provided on the Uniform
Invoice for the person | ||
acquiring the essential part. If the person
disposing of | ||
the essential part cannot or does not provide all the
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information required to be provided by this paragraph, or | ||
does not present
2 satisfactory forms of identification, | ||
the licensee or his agent or
employee shall not acquire | ||
that essential part.
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(d) If an essential part other than quarter panels and
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transmissions of vehicles of the first division was delivered | ||
by a licensed commercial
delivery service delivering such part | ||
on behalf of a licensed dealer, the
person required to comply | ||
with subsection (c) of this Section may conduct
the inspection | ||
of that part required by paragraph (1) of subsection (c) and | ||
examination
of the Uniform Invoice or bill of sale required by | ||
paragraph (2) of subsection (c) of
this Section immediately | ||
after the acceptance of the part.
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(1) If the inspection of the essential part pursuant | ||
to paragraph (1) of subsection
(c) reveals that the | ||
vehicle identification number, Secretary of State
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identification number, Illinois Department of State Police | ||
identification
number, identification plate or sticker | ||
containing an identification
number, or Federal | ||
Certificate label of an essential part has been removed,
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falsified, altered, defaced, destroyed or tampered with, | ||
the licensee or
his agent shall immediately record such | ||
fact on the Uniform Invoice or bill
of sale, assign the | ||
part an inventory or stock number, place such inventory
or | ||
stock number on both the essential part and the Uniform | ||
Invoice or bill
of sale, and record the date of the | ||
inspection of the part on the Uniform
Invoice or bill of | ||
sale.
The licensee shall, within 7 days of such | ||
inspection, return such part to
the dealer from whom it | ||
was acquired.
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(2) If the examination of the Uniform Invoice or bill | ||
of sale pursuant
to paragraph (2) of subsection (c) | ||
reveals that any of the information required to be
listed | ||
by subsection (b) of this Section is missing, the licensee | ||
or person
required to be licensed shall immediately assign | ||
a stock or inventory
number to such part, place such stock | ||
or inventory number on both the
essential part and the | ||
Uniform Invoice or bill of sale, and record the date
of | ||
examination on the Uniform Invoice or bill of sale. The | ||
licensee or
person required to be licensed shall acquire | ||
the information missing from
the Uniform Invoice or bill | ||
of sale within 7 days of the examination of
such Uniform | ||
Invoice or bill of sale. Such information may be received | ||
by
telephone conversation with the dealer from whom the | ||
part was acquired. If
the dealer provides the missing | ||
information the licensee shall record such
information on | ||
the Uniform Invoice or bill of sale along with the name of
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the person providing the information. If the dealer does | ||
not provide the
required information within the | ||
aforementioned 7 day period, the licensee
shall return the | ||
part to that dealer.
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(e) Except for scrap processors, all persons licensed or | ||
required to
be licensed who acquire or
dispose of essential | ||
parts other than quarter panels and transmissions of
vehicles | ||
of the first division shall retain a copy of the Uniform | ||
Invoice
required to be made by subsections (a), (b) and (c) of | ||
this Section for a
period of 3 years.
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(f) Except for scrap processors, any person licensed or | ||
required to
be licensed under Sections 5-101,
5-102 or 5-301 | ||
who knowingly fails to record on a Uniform Invoice any of the
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information or entries required to be recorded by subsections | ||
(a), (b) and
(c) of this Section, or who knowingly places false | ||
entries or other misleading
information on such Uniform | ||
Invoice, or who knowingly fails to retain for 3 years a
copy of | ||
a Uniform Invoice reflecting transactions required to be | ||
recorded
by subsections (a), (b) and (c) of this Section, or | ||
who knowingly acquires or
disposes of essential parts without | ||
receiving, issuing, or executing a
Uniform Invoice reflecting | ||
that transaction as required by subsections (a),
(b) and (c) | ||
of this Section, or who brings or causes to be brought into
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this State essential parts for which the information required | ||
to be
recorded on a Uniform Invoice is not recorded as | ||
prohibited by subsection
(c) of this Section, or who knowingly | ||
fails to comply with the provisions of
this
Section in any | ||
other manner shall be guilty of a Class 2 felony. Each
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violation shall constitute a separate and distinct offense and | ||
a separate
count may be brought in the same indictment or | ||
information for each
essential part for which a record was not | ||
kept as required by this Section
or for which the person failed | ||
to comply with other provisions of this
Section.
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(g) The records required to be kept by this Section
may be | ||
examined by a person or persons making a lawful
inspection of | ||
the licensee's premises pursuant to Section 5-403.
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(h) The records required to be kept by this Section shall | ||
be retained by
the licensee at his principal place of business | ||
for a period of 3 7 years.
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(i) The requirements of this Section shall not apply to | ||
the disposition
of an essential part other than a cowl which | ||
has been damaged or altered to
a state in which it can no | ||
longer be returned to a usable condition and
which is being | ||
sold or transferred to a scrap processor or for delivery to
a | ||
scrap processor.
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(Source: P.A. 101-505, eff. 1-1-20.)
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