Bill Text: IL HB2912 | 2011-2012 | 97th General Assembly | Amended

---

Bill Title: Amends the Illinois Vehicle Code. Prohibits a recyclable metal dealer from acquiring or possessing a vehicle, junk vehicle, vehicle cowl, or essential vehicle parts for the purpose of processing them into a form other than a vehicle unless the recyclable metal dealer is also licensed as a scrap processor. Makes various changes regarding: furnishing documentary proof of ownership to a scrap processor; information to be recorded by a scrap processor on a weight ticket or affixed to a weight ticket; maintenance of records by a scrap processor; penalties for failure to record certain information or failure to acquire and maintain documentary proof of ownership; affirmative defenses; admissibility of evidence; disposition of essential parts; and other matters. Provides that a scrap processor who finds a nonconforming vehicle identification number on documentary proof of ownership of a vehicle, junk vehicle, or vehicle cowl provided by a person attempting to dispose of the item shall report the offense to the Secretary of State, and provides for penalties for violations. Prohibits scrap processors from using the Secretary of State Uniform Invoice for any purpose under the Dealers, Transporters, Wreckers and Rebuilders Chapter of the Code, and provides for penalties for violations. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2912 Detail]

Download: Illinois-2011-HB2912-Amended.html

---

Rep. Edward J. Acevedo

Filed: 5/19/2011

09700HB2912ham001 LRB097 08953 AEK 55856 a
AMENDMENT TO HOUSE BILL 2912
AMENDMENT NO. ______. Amend House Bill 2912 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Sections 5-301, 5-401.3 and 5-402.1 as follows:
(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
a automotive parts recyclers, 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. Each license
shall be applied for and issued separately, except that a

09700HB2912ham001 - 2 - LRB097 08953 AEK 55856 a
license issued to a new vehicle dealer under Section 5-101 of
this Code shall also be deemed to be a repairer license.
(a-5) No recyclable metal dealer may acquire or possess a
vehicle, junk vehicle, vehicle cowl, or essential vehicle
parts, as defined by Section 1-118 of this Code, for the
purpose of processing them into a form other than a vehicle
unless that recyclable metal dealer is also licensed by the
Secretary of State as a scrap processor pursuant to this
Section. A recyclable metal dealer who fails to obtain a scrap
processor's license shall be subject to the provisions of
Sections 5-503 and 5-801 of this Code.
(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

09700HB2912ham001 - 3 - LRB097 08953 AEK 55856 a
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,
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,

09700HB2912ham001 - 4 - LRB097 08953 AEK 55856 a
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.

09700HB2912ham001 - 5 - LRB097 08953 AEK 55856 a
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.
(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;

09700HB2912ham001 - 6 - LRB097 08953 AEK 55856 a
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

09700HB2912ham001 - 7 - LRB097 08953 AEK 55856 a
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 or cancelled under the provisions of
Section 5-501 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

09700HB2912ham001 - 8 - LRB097 08953 AEK 55856 a
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. A statement that the applicant purchases 5 vehicles
per year or has 5 hulks or chassis in stock;

09700HB2912ham001 - 9 - LRB097 08953 AEK 55856 a
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. 94-784, eff. 1-1-07.)
(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
Sec. 5-401.3. Scrap processors required to keep records.
(a) Every person licensed or required to be licensed as a
scrap processor pursuant to Section 5-301 of this Chapter shall
maintain for 3 years, at his established place of business, the
following records relating to the acquisition of recyclable
metals or the acquisition of a vehicle, junk vehicle, or
vehicle cowl which has been acquired for the purpose of
processing into a form other than a vehicle, junk vehicle or
vehicle cowl which is possessed in the State or brought into
this State from another state, territory or country. No scrap
metal processor shall sell a vehicle or essential part, as
such, except for engines, transmissions, and powertrains,

09700HB2912ham001 - 10 - LRB097 08953 AEK 55856 a
unless licensed to do so under another provision of this Code.
A scrap processor who is additionally licensed as an automotive
parts recycler shall not be subject to the record keeping
requirements for a scrap processor when acting as an automotive
parts recycler.
(1) For a vehicle, junk vehicle, or vehicle cowl
acquired from a person who is licensed under this Chapter,
the scrap processor shall record the name and address of
the person, and the Illinois or out-of-state dealer license
number of such person on the scrap processor's weight
ticket at the time of the acquisition. The person disposing
of the vehicle, junk vehicle, or vehicle cowl shall furnish
the scrap processor with documentary proof of ownership of
the vehicle, junk vehicle, or vehicle cowl in one of the
following forms: a Certificate of Title, a Salvage
Certificate, a Junking Certificate, or , a Secretary of
State Junking Manifest, a Uniform Invoice, a Certificate of
Purchase, or other similar documentary proof of ownership.
The scrap processor shall not acquire a vehicle, junk
vehicle or vehicle cowl without obtaining one of the
aforementioned documentary proofs of ownership.
(2) For a vehicle, junk vehicle or vehicle cowl
acquired from a person who is not licensed under this
Chapter, the scrap processor shall verify and record that
person's identity by recording the identification of such
person from at least 2 sources of identification, one of

09700HB2912ham001 - 11 - LRB097 08953 AEK 55856 a
which shall be a driver's license or State Identification
Card, on the scrap processor's weight ticket at the time of
the acquisition. The person disposing of the vehicle, junk
vehicle, or vehicle cowl shall furnish the scrap processor
with documentary proof of ownership of the vehicle, junk
vehicle, or vehicle cowl in one of the following forms: a
Certificate of Title, a Salvage Certificate, a Junking
Certificate, or , a Secretary of State Junking Manifest, a
Certificate of Purchase, or other similar documentary
proof of ownership. The scrap processor shall not acquire a
vehicle, junk vehicle or vehicle cowl without obtaining one
of the aforementioned documentary proofs of ownership.
(3) In addition to the other information required on
the scrap processor's weight ticket, a scrap processor who
at the time of acquisition of a vehicle, junk vehicle, or
vehicle cowl is furnished a Certificate of Title, a Salvage
Certificate, a Junking Certificate or a Certificate of
Purchase shall record the Vehicle Identification Number on
the weight ticket or affix a copy of the Certificate of
Title, Salvage Certificate, Junking Certificate or
Certificate of Purchase to the weight ticket and the
identification of the person acquiring the information on
the behalf of the scrap processor.
(4) The scrap processor shall maintain a copy of a Junk
Vehicle Notification relating to any Certificate of Title,
Salvage Certificate, Junking Certificate, Certificate of

09700HB2912ham001 - 12 - LRB097 08953 AEK 55856 a
Purchase, or similarly acceptable out-of-state document
surrendered to the Secretary of State pursuant to the
provisions of Section 3-117.2 of this Code.
(5) For recyclable metals valued at $100 or more, the
scrap processor shall, for each transaction, record the
identity of the person from whom the recyclable metals were
acquired by verifying the identification of that person
from one source of identification, which shall be a valid
driver's license or State Identification Card, on the scrap
processor's weight ticket at the time of the acquisition
and by making and recording a photocopy or electronic scan
of the driver's license or State Identification Card. Such
information shall be available for inspection by any law
enforcement official. If the person delivering the
recyclable metal does not have a valid driver's license or
State Identification Card, the scrap processor shall not
complete the transaction. The inspection of records
pertaining only to recyclable metals shall not be counted
as an inspection of a premises for purposes of subparagraph
(7) of Section 5-403 of this Code.
This subdivision (a)(5) does not apply to electrical
contractors, to agencies or instrumentalities of the State
of Illinois or of the United States, to common carriers, to
purchases from persons, firms, or corporations regularly
engaged in the business of manufacturing recyclable metal,
in the business of selling recyclable metal at retail or

09700HB2912ham001 - 13 - LRB097 08953 AEK 55856 a
wholesale, or in the business of razing, demolishing,
destroying, or removing buildings, to the purchase by one
recyclable metal dealer from another, or the purchase from
persons, firms, or corporations engaged in either the
generation, transmission, or distribution of electric
energy or in telephone, telegraph, and other
communications if such common carriers, persons, firms, or
corporations at the time of the purchase provide the
recyclable metal dealer with a bill of sale or other
written evidence of title to the recyclable metal. This
subdivision (a)(5) also does not apply to contractual
arrangements between dealers.
(b) Any licensee who knowingly fails to record any of the
specific information required to be recorded on the weight
ticket required under any other subsection of this Section, or
Section 5-401 of this Code, or who knowingly fails to acquire
and maintain for 3 years documentary proof of ownership in one
of the prescribed forms shall be guilty of a Class A
misdemeanor and subject to suspension of his or her license for
a period of up to 3 years a fine not to exceed $1,000. Each
violation shall constitute a separate and distinct offense and
a separate count may be brought in the same complaint for each
violation. Any licensee who commits a second violation of this
Section within two years of a previous conviction of a
violation of this Section shall be guilty of a Class 4 felony.
(c) It shall be an affirmative defense to an offense

09700HB2912ham001 - 14 - LRB097 08953 AEK 55856 a
brought under paragraph (b) of this Section that the licensee
or person required to be licensed both reasonably and in good
faith relied on information appearing on a Certificate of
Title, a Salvage Certificate, a Junking Certificate, or , a
Secretary of State Manifest, a Secretary of State's Uniform
Invoice, a Certificate of Purchase, or other documentary proof
of ownership prepared under Section 3-117.1(a) of this Code,
relating to the transaction for which the required record was
not kept which was supplied to the licensee by another licensee
or an out-of-state dealer.
(d) No later than 15 days prior to going out of business,
selling the business, or transferring the ownership of the
business, the scrap processor shall notify the Secretary of
that fact. Failure to so notify the Secretary of State shall
constitute a failure to keep records under this Section.
(e) (Blank). Evidence derived directly or indirectly from
the keeping of records required to be kept under this Section
shall not be admissible in a prosecution of the licensee for an
alleged violation of Section 4-102(a)(3) of this Code.
(f) Any scrap processor who finds a nonconforming vehicle
identification number on any documentary proof of ownership of
a vehicle, junk vehicle, or vehicle cowl provided by the person
attempting to dispose of such item shall report the offense to
the Secretary of State, including the name of the person
attempting to dispose of the vehicle, junk vehicle, or vehicle
cowl, the actual vehicle identification number, the

09700HB2912ham001 - 15 - LRB097 08953 AEK 55856 a
nonconforming vehicle number, the vehicle license plate
number, a copy of the document used, and the license number of
the person or persons involved in the attempted transaction.
Any person licensed as a scrap processor pursuant to Section
5-301 who is found to be in violation of this subsection or any
licensed entity found in violation of this subsection shall be
subject to suspension of his, her, or its license for a period
of up to 3 years. Any person in violation of this subsection
shall be guilty of a Class 4 felony.
(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
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 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.

09700HB2912ham001 - 16 - LRB097 08953 AEK 55856 a
(b) The following information shall be contained on the
Uniform Invoice:
(1) the business name, address and dealer license
number of the person disposing of the essential part;
(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;
(3) the date of the disposition of the essential part;
(4) the year, make, model, color and description of
each essential part disposed of by the person;
(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;
(6) the printed name and legible signature of the
person or agent disposing of the essential part; and
(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.
(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 delivery,

09700HB2912ham001 - 17 - LRB097 08953 AEK 55856 a
comply with the following procedures:
(1) Before acquiring or accepting delivery of any
essential part, the licensee or his authorized agent or
employee shall inspect the part to determine whether the
vehicle identification number, Secretary of State
identification number, Illinois Department of State Police
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.
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 essential part into
this State or cause it to be brought into this State.
(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,

09700HB2912ham001 - 18 - LRB097 08953 AEK 55856 a
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
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
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 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 employee
disposing of or delivering the essential part cannot or
does not provide all the information required by subsection
(b) of this Section, the licensee or his agent or employee

09700HB2912ham001 - 19 - LRB097 08953 AEK 55856 a
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.
(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 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
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
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

09700HB2912ham001 - 20 - LRB097 08953 AEK 55856 a
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
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.
(d) If an essential part other than quarter panels and
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.
(1) If the inspection of the essential part pursuant to
paragraph (1) of subsection (c) reveals that the vehicle
identification number, Secretary of State 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, falsified, altered,
defaced, destroyed or tampered with, the licensee or his

09700HB2912ham001 - 21 - LRB097 08953 AEK 55856 a
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.
(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
the person providing the information. If the dealer does

09700HB2912ham001 - 22 - LRB097 08953 AEK 55856 a
not provide the required information within the
aforementioned 7 day period, the licensee shall return the
part to that dealer.
(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.
(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
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 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

09700HB2912ham001 - 23 - LRB097 08953 AEK 55856 a
shall be guilty of a Class 2 felony. Each 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.
(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.
(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 7 years.
(i) (Blank). 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.
(j) Scrap processors shall, under no circumstances, be
permitted to use the Uniform Invoice for any purpose under this
Chapter. Any person found in violation of this subsection (j)
shall be guilty of a Class 4 felony.
(Source: P.A. 91-415, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.".