Bill Text: IL SB0675 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Adds to the definition of "essential parts" a bed, front bumper, rear bumper, and, for motorcycles, fairings, fuel tanks, and forks. Removes other items from the definition. Provides that the Secretary of State may cancel any license or permit upon determining that the holder has assisted an out-of-state resident in acquiring an Illinois driver's license or identification card by providing or allowing the out-of-state resident to use his or her Illinois address of residence and is complicit in distributing and forwarding the Illinois driver's license or identification card to the out-of-state resident. Provides that operating a driver training school without a license issued by the Secretary of State is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0409 [SB0675 Detail]
Download: Illinois-2017-SB0675-Enrolled.html
Bill Title: Amends the Illinois Vehicle Code. Adds to the definition of "essential parts" a bed, front bumper, rear bumper, and, for motorcycles, fairings, fuel tanks, and forks. Removes other items from the definition. Provides that the Secretary of State may cancel any license or permit upon determining that the holder has assisted an out-of-state resident in acquiring an Illinois driver's license or identification card by providing or allowing the out-of-state resident to use his or her Illinois address of residence and is complicit in distributing and forwarding the Illinois driver's license or identification card to the out-of-state resident. Provides that operating a driver training school without a license issued by the Secretary of State is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0409 [SB0675 Detail]
Download: Illinois-2017-SB0675-Enrolled.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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 1-118, 5-301, 5-503, 6-201, and 6-401 and by adding | ||||||
6 | Section 5-501.5 as follows:
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7 | (625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118)
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8 | Sec. 1-118. Essential parts. All integral and body parts of | ||||||
9 | a vehicle
of a type required to be registered hereunder, the | ||||||
10 | removal, alteration or
substitution of which would tend to | ||||||
11 | conceal the identity of the vehicle or
substantially alter its | ||||||
12 | appearance, model, type or mode of operation.
"Essential parts" | ||||||
13 | includes the following: vehicle hulks, shells, chassis,
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14 | frames, front end assemblies (which may consist of headlight, | ||||||
15 | grill,
fenders and hood), front clip (front end assembly with | ||||||
16 | cowl attached), rear
clip (which may consist of quarter panels, | ||||||
17 | fenders, floor and top), doors,
hatchbacks, fenders, cabs, cab | ||||||
18 | clips, cowls, hoods, trunk lids, deck lids, bed, front bumper, | ||||||
19 | rear bumper,
T-tops, sunroofs, moon roofs, astro roofs, | ||||||
20 | transmissions of vehicles of the
second division , seats, | ||||||
21 | aluminum wheels, engines and similar parts.
Essential parts | ||||||
22 | also includes fairings, fuel tanks, and forks of motorcycles. | ||||||
23 | Essential parts shall also include stereo radios , cassette |
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1 | radios, compact
disc radios, cassette/compact disc radios and | ||||||
2 | compact disc players and
compact disc changers which are either | ||||||
3 | installed in dash or trunk-mounted .
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4 | An essential part which does not have affixed to it an | ||||||
5 | identification
number as defined in Section 1-129 adopts the | ||||||
6 | identification number of the
vehicle to which such part is | ||||||
7 | affixed, installed or mounted.
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8 | An "essential part" does not include an engine, | ||||||
9 | transmission, or a rear axle that is used in a glider kit. | ||||||
10 | (Source: P.A. 99-748, eff. 8-5-16.)
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11 | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
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12 | Sec. 5-301. Automotive parts recyclers, scrap processors, | ||||||
13 | repairers and
rebuilders must be licensed. | ||||||
14 | (a) No person in this State shall, except as an incident to
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15 | the servicing of vehicles, carry on or conduct the business
of | ||||||
16 | an automotive parts recycler, a scrap processor, a repairer,
or | ||||||
17 | a rebuilder, unless licensed to do so in writing by the | ||||||
18 | Secretary of
State under this Section. No person shall rebuild | ||||||
19 | a salvage vehicle
unless such person is licensed as a rebuilder | ||||||
20 | by the Secretary of State
under this Section. No person shall | ||||||
21 | engage in the business of acquiring 5 or more previously owned | ||||||
22 | vehicles in one calendar year for the primary purpose of | ||||||
23 | disposing of those vehicles in the manner described in the | ||||||
24 | definition of a "scrap processor" in this Code unless the | ||||||
25 | person is licensed as an automotive parts recycler by the |
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1 | Secretary of State under this Section. Each license shall be | ||||||
2 | applied for and issued
separately, except that a license issued | ||||||
3 | to a new vehicle dealer under
Section 5-101 of this Code shall | ||||||
4 | also be deemed to be a repairer license.
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5 | (b) Any application filed with the Secretary of State, | ||||||
6 | shall be duly
verified by oath, in such form as the Secretary | ||||||
7 | of State may by rule or
regulation prescribe and shall contain:
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8 | 1. The name and type of business organization of the | ||||||
9 | applicant and
his principal or additional places of | ||||||
10 | business, if any, in this State.
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11 | 2. The kind or kinds of business enumerated in | ||||||
12 | subsection (a) of
this Section to be conducted at each | ||||||
13 | location.
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14 | 3. If the applicant is a corporation, a list of its | ||||||
15 | officers,
directors, and shareholders having a ten percent | ||||||
16 | or greater ownership
interest in the corporation, setting | ||||||
17 | forth the residence address of each;
if the applicant is a | ||||||
18 | sole proprietorship, a partnership, an unincorporated
| ||||||
19 | association, a trust, or any similar form of business | ||||||
20 | organization, the
names and residence address of the | ||||||
21 | proprietor or of each partner, member,
officer, director, | ||||||
22 | trustee or manager.
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23 | 4. A statement that the applicant's officers, | ||||||
24 | directors, shareholders
having a ten percent or greater | ||||||
25 | ownership interest therein, proprietor,
partner, member, | ||||||
26 | officer, director, trustee, manager, or other principals
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1 | in the business have not committed in the past three years | ||||||
2 | any one
violation as determined in any civil or criminal or | ||||||
3 | administrative
proceedings of any one of the following | ||||||
4 | Acts:
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5 | (a) The Anti-Theft Laws of the Illinois Vehicle | ||||||
6 | Code;
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7 | (b) The "Certificate of Title Laws" of the Illinois | ||||||
8 | Vehicle Code;
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9 | (c) The "Offenses against Registration and | ||||||
10 | Certificates of Title Laws"
of the Illinois Vehicle | ||||||
11 | Code;
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12 | (d) The "Dealers, Transporters, Wreckers and | ||||||
13 | Rebuilders Laws" of the
Illinois Vehicle Code;
| ||||||
14 | (e) Section 21-2 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012, Criminal Trespass to
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16 | Vehicles; or
| ||||||
17 | (f) The Retailers Occupation Tax Act.
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18 | 5. A statement that the applicant's officers, | ||||||
19 | directors, shareholders
having a ten percent or greater | ||||||
20 | ownership interest therein, proprietor,
partner, member, | ||||||
21 | officer, director, trustee, manager or other principals
in | ||||||
22 | the business have not committed in any calendar year 3 or | ||||||
23 | more
violations, as determined in any civil or criminal or | ||||||
24 | administrative
proceedings, of any one or more of the | ||||||
25 | following Acts:
| ||||||
26 | (a) The Consumer Finance Act;
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| |||||||
1 | (b) The Consumer Installment Loan Act;
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2 | (c) The Retail Installment Sales Act;
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3 | (d) The Motor Vehicle Retail Installment Sales | ||||||
4 | Act;
| ||||||
5 | (e) The Interest Act;
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6 | (f) The Illinois Wage Assignment Act;
| ||||||
7 | (g) Part 8 of Article XII of the Code of Civil | ||||||
8 | Procedure; or
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9 | (h) The Consumer Fraud Act.
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10 | 6. An application for a license shall be accompanied by | ||||||
11 | the
following fees:
$50 for applicant's established place | ||||||
12 | of business;
$25 for each
additional place of business, if | ||||||
13 | any, to which the application pertains;
provided, however, | ||||||
14 | that if such an application is made after June 15 of
any | ||||||
15 | year, the license fee shall be $25 for applicant's | ||||||
16 | established
place
of business plus $12.50 for each | ||||||
17 | additional place of business, if
any,
to which the | ||||||
18 | application pertains. License fees shall be returnable | ||||||
19 | only
in the event that such application shall be denied by | ||||||
20 | the Secretary of
State.
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21 | 7. A statement that the applicant understands Chapter 1 | ||||||
22 | through
Chapter 5 of this Code.
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23 | 8. A statement that the applicant shall comply with
| ||||||
24 | subsection (e)
of this Section. | ||||||
25 | 9. A statement indicating if the applicant, including | ||||||
26 | any of the applicant's affiliates or predecessor |
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1 | corporations, has been subject to the revocation or | ||||||
2 | nonrenewal of a business license by a municipality under | ||||||
3 | Section 5-501.5 of this Code.
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4 | (c) Any change which renders no longer accurate any | ||||||
5 | information
contained in any application for a license filed | ||||||
6 | with the Secretary of
State shall be amended within 30 days | ||||||
7 | after the occurrence of such
change on such form as the | ||||||
8 | Secretary of State may prescribe by rule or
regulation, | ||||||
9 | accompanied by an amendatory fee of $2.
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10 | (d) Anything in this chapter to the contrary, | ||||||
11 | notwithstanding, no
person shall be licensed under this Section | ||||||
12 | unless such person shall
maintain an established place of | ||||||
13 | business as defined in this Chapter.
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14 | (e) The Secretary of State shall within a reasonable time | ||||||
15 | after
receipt thereof, examine an application submitted to him | ||||||
16 | under this
Section and unless he makes a determination that the | ||||||
17 | application
submitted to him does not conform with the | ||||||
18 | requirements of this Section
or that grounds exist for a denial | ||||||
19 | of the application, as prescribed in
Section 5-501 of this | ||||||
20 | Chapter, grant the applicant an original license
as applied for | ||||||
21 | in writing for his established place of business and a
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22 | supplemental license in writing for each additional place of
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23 | business in such form as he may prescribe by rule or regulation | ||||||
24 | which shall
include the following:
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25 | 1. The name of the person licensed;
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26 | 2. If a corporation, the name and address of its |
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1 | officers or if a
sole proprietorship, a partnership, an | ||||||
2 | unincorporated association or any
similar form of business | ||||||
3 | organization, the name and address of the
proprietor or of | ||||||
4 | each partner, member, officer, director, trustee or | ||||||
5 | manager;
| ||||||
6 | 3. A designation of the kind or kinds of business | ||||||
7 | enumerated in
subsection (a) of this Section to be | ||||||
8 | conducted at each location;
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9 | 4. In the case of an original license, the established | ||||||
10 | place of
business of the licensee;
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11 | 5. In the case of a supplemental license, the | ||||||
12 | established place of
business of the licensee and the | ||||||
13 | additional place of business to which such
supplemental | ||||||
14 | license pertains.
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15 | (f) The appropriate instrument evidencing the license or a | ||||||
16 | certified
copy thereof, provided by the Secretary of State | ||||||
17 | shall be kept, posted,
conspicuously in the established place | ||||||
18 | of business of the
licensee and in each additional place of | ||||||
19 | business, if any, maintained by
such licensee. The licensee | ||||||
20 | also shall post conspicuously in the
established place of | ||||||
21 | business and in each additional place of business a
notice | ||||||
22 | which states that such business is required to be licensed by | ||||||
23 | the
Secretary of State under Section 5-301, and which provides | ||||||
24 | the license
number of the business and the license expiration | ||||||
25 | date. This notice also
shall advise the consumer that any | ||||||
26 | complaints as to the quality of service
may be brought to the |
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1 | attention of the Attorney General. The information
required on | ||||||
2 | this notice also shall be printed conspicuously on all
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3 | estimates and receipts for work by the licensee subject to this | ||||||
4 | Section.
The Secretary of State shall prescribe the specific | ||||||
5 | format of this notice.
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6 | (g) Except as provided in subsection (h) hereof, licenses | ||||||
7 | granted
under this Section shall expire by operation of law on | ||||||
8 | December 31 of
the calendar year for which they are granted | ||||||
9 | unless sooner revoked , nonrenewed, or
cancelled under the | ||||||
10 | provisions of Section 5-501 or 5-501.5 of this Chapter.
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11 | (h) Any license granted under this Section may be renewed | ||||||
12 | upon
application and payment of the fee required herein as in | ||||||
13 | the case of an
original license, provided, however, that in | ||||||
14 | case an application for the
renewal of an effective license is | ||||||
15 | made during the month of December,
such effective license shall | ||||||
16 | remain in force until such application is
granted or denied by | ||||||
17 | the Secretary of State.
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18 | (i) All automotive
repairers and
rebuilders shall, in | ||||||
19 | addition to the requirements of subsections (a)
through
(h) of | ||||||
20 | this Section, meet the following licensing requirements:
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21 | 1. Provide proof that the property on which first time
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22 | applicants plan to
do business is in compliance with local | ||||||
23 | zoning laws and regulations, and
a listing of zoning | ||||||
24 | classification;
| ||||||
25 | 2. Provide proof that the applicant for a repairer's
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26 | license complies
with the proper workers' compensation |
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1 | rate code or classification, and
listing the code of | ||||||
2 | classification for that industry;
| ||||||
3 | 3. Provide proof that the applicant for a rebuilder's
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4 | license complies
with the proper workers' compensation | ||||||
5 | rate code or classification for the
repair industry or the | ||||||
6 | auto parts recycling industry and listing the code
of | ||||||
7 | classification;
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8 | 4. Provide proof that the applicant has obtained or
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9 | applied for a
hazardous waste generator number, and listing | ||||||
10 | the actual number if
available or certificate of exemption;
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11 | 5. Provide proof that applicant has proper liability
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12 | insurance, and
listing the name of the insurer and the | ||||||
13 | policy number; and
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14 | 6. Provide proof that the applicant has obtained or
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15 | applied for the proper
State sales tax classification and | ||||||
16 | federal identification tax number, and
listing the actual | ||||||
17 | numbers if available.
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18 | (i-1) All automotive repairers shall provide proof that | ||||||
19 | they comply with all requirements of the Automotive Collision | ||||||
20 | Repair Act.
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21 | (j) All automotive
parts
recyclers shall, in addition to | ||||||
22 | the requirements of subsections (a) through
(h) of this | ||||||
23 | Section, meet the following licensing requirements:
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24 | 1. Provide a statement that the applicant purchases 5 | ||||||
25 | vehicles
per year or has 5
hulks or chassis in stock;
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26 | 2. Provide proof that the property on which all first
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1 | time applicants will
do business does comply to the proper | ||||||
2 | local zoning laws in existence, and
a listing of zoning | ||||||
3 | classifications;
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4 | 3. Provide proof that applicant complies with the
| ||||||
5 | proper workers'
compensation rate code or classification, | ||||||
6 | and listing the code of
classification; and
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7 | 4. Provide proof that applicant has obtained or
applied | ||||||
8 | for the proper
State sales tax classification and federal | ||||||
9 | identification tax number, and
listing the actual numbers | ||||||
10 | if available.
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11 | (Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13; | ||||||
12 | 98-756, eff. 7-16-14.)
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13 | (625 ILCS 5/5-501.5 new) | ||||||
14 | Sec. 5-501.5. License eligibility; fraud. | ||||||
15 | (a) For purposes of this Section, an "automotive parts | ||||||
16 | recycler, scrap processor, repairer, or rebuilder" includes | ||||||
17 | any owners, operators, principals, shareholders, partners, or | ||||||
18 | directors that have ownership interest or managerial authority | ||||||
19 | in the business at the time the fraud or misconduct occurred. | ||||||
20 | (b) Notwithstanding any other provision of law to the | ||||||
21 | contrary, an automotive parts recycler, scrap processor, | ||||||
22 | repairer, or rebuilder with a business license issued by a | ||||||
23 | municipality that has been revoked or nonrenewed due to fraud | ||||||
24 | or misconduct committed against the municipality within 3 years | ||||||
25 | preceding the effective date of this amendatory Act of the |
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1 | 100th General Assembly or on or after the effective date of | ||||||
2 | this amendatory Act of the 100th General Assembly shall not be | ||||||
3 | eligible for a license or license renewal under Section 5-301 | ||||||
4 | of this Code. | ||||||
5 | (c) No later than 30 days after the effective date of this | ||||||
6 | amendatory Act of the 100th General Assembly, a municipality | ||||||
7 | that has revoked or nonrenewed a business license under | ||||||
8 | subsection (b) of this Section shall: | ||||||
9 | (1) notify the Secretary of State of the revocation or | ||||||
10 | nonrenewal; and | ||||||
11 | (2) notify any other municipality in which the former | ||||||
12 | licensee is known to conduct business that the former | ||||||
13 | licensee's business license has been revoked or nonrenewed | ||||||
14 | due to fraud or misconduct committed against the | ||||||
15 | municipality. | ||||||
16 | (d) No later than 30 days after receiving a notice required | ||||||
17 | under paragraph (2) of subsection (c) of this Section, a | ||||||
18 | municipality shall take all actions necessary to revoke or, if | ||||||
19 | the business license is set to expire within a 30-day period of | ||||||
20 | the notice, prohibit renewal of the licensee's business | ||||||
21 | license. | ||||||
22 | (d-5) No later than 30 days after receiving notice under | ||||||
23 | paragraph (1) of subsection (c) of this Section, the Secretary | ||||||
24 | shall notify the former licensee that it is not eligible to | ||||||
25 | conduct business in this State as an automotive parts recycler, | ||||||
26 | scrap processor, repairer, or rebuilder. |
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1 | (e) An automotive parts recycler, scrap processor, | ||||||
2 | repairer, or rebuilder shall be fined $1,000 for each day it | ||||||
3 | conducts business in this State in violation of this Section. | ||||||
4 | (f) No unit of local government, including a home rule | ||||||
5 | unit, may regulate business licenses in a manner inconsistent | ||||||
6 | with this Section. This subsection (f) is a limitation under | ||||||
7 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
8 | Constitution on the concurrent exercise by home rule units of | ||||||
9 | powers and functions exercised by the State.
| ||||||
10 | (625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
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11 | Sec. 5-503.
Failure to obtain dealer's license, operation | ||||||
12 | of a business
with a suspended or revoked license. (a) Any | ||||||
13 | person operating a business
for which he is required to be | ||||||
14 | licensed under Section 5-101, 5-102, 5-201
or 5-301 who fails | ||||||
15 | to apply for such a license or licenses within 15 days
after | ||||||
16 | being informed in writing by the Secretary of State that he | ||||||
17 | must obtain
such a license or licenses is subject to a civil | ||||||
18 | action brought by the
Secretary of State for operating a | ||||||
19 | business without a license in the
circuit court in the county | ||||||
20 | in which the business is located. If the
person is found to be | ||||||
21 | in violation of Section 5-101, 5-102, 5-201 or 5-301
by | ||||||
22 | carrying on a business without being properly licensed, that | ||||||
23 | person
shall be fined $300 for each business day he conducted | ||||||
24 | his business without
such a license after the expiration of the | ||||||
25 | 15 day period specified in this
subsection (a).
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1 | (b) Any person who, having had his license or licenses | ||||||
2 | issued under Section
5-101, 5-102, 5-201 or 5-301 suspended, | ||||||
3 | revoked, nonrenewed, cancelled , or denied by the
Secretary of | ||||||
4 | State under Section 5-501 or 5-501.5 of this Code , continues to | ||||||
5 | operate business after
the effective date of such revocation, | ||||||
6 | nonrenewal, suspension, cancellation , or denial
may be sued in | ||||||
7 | a civil action by the Secretary of State in the county in
which | ||||||
8 | the established or additional place of such business is | ||||||
9 | located. Except as provided in subsection (e) of Section | ||||||
10 | 5-501.5 of this Code, if If
such person is found by the court | ||||||
11 | to have operated such a business after
the license or licenses | ||||||
12 | required for conducting such
business have been suspended, | ||||||
13 | revoked, nonrenewed, cancelled , or denied, that person
shall be | ||||||
14 | fined $500 for each day he conducted business thereafter.
| ||||||
15 | (Source: P.A. 86-444.)
| ||||||
16 | (625 ILCS 5/6-201)
| ||||||
17 | Sec. 6-201. Authority to cancel licenses and permits.
| ||||||
18 | (a) The Secretary of State is authorized to cancel any | ||||||
19 | license or permit
upon determining that the holder thereof:
| ||||||
20 | 1. was not entitled to the issuance thereof hereunder; | ||||||
21 | or
| ||||||
22 | 2. failed to give the required or correct information | ||||||
23 | in his
application; or
| ||||||
24 | 3. failed to pay any fees, civil penalties owed to the | ||||||
25 | Illinois Commerce
Commission, or taxes due under this Act |
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| |||||||
1 | and upon reasonable notice and demand;
or
| ||||||
2 | 4. committed any fraud in the making of such | ||||||
3 | application; or
| ||||||
4 | 5. is ineligible therefor under the provisions of | ||||||
5 | Section 6-103 of this
Act, as amended; or
| ||||||
6 | 6. has refused or neglected to submit an alcohol, drug, | ||||||
7 | and
intoxicating compound evaluation or to
submit to | ||||||
8 | examination or re-examination as required under this Act; | ||||||
9 | or
| ||||||
10 | 7. has been convicted of violating the Cannabis Control | ||||||
11 | Act,
the
Illinois Controlled Substances Act, the | ||||||
12 | Methamphetamine Control and Community Protection Act, or | ||||||
13 | the Use of Intoxicating Compounds
Act while that individual | ||||||
14 | was in actual physical
control of a motor vehicle. For | ||||||
15 | purposes of this Section, any person placed on
probation | ||||||
16 | under Section 10 of the Cannabis Control Act, Section 410 | ||||||
17 | of the
Illinois Controlled Substances Act, or Section 70 of | ||||||
18 | the Methamphetamine Control and Community Protection Act | ||||||
19 | shall not be considered convicted. Any
person found guilty | ||||||
20 | of this offense, while in actual physical control of a
| ||||||
21 | motor vehicle, shall have an entry made in the court record | ||||||
22 | by the
judge that this offense did occur while the person | ||||||
23 | was in actual
physical control of a motor vehicle and order | ||||||
24 | the clerk of the court to report
the violation to the | ||||||
25 | Secretary of State as such. After the cancellation, the
| ||||||
26 | Secretary of State shall not issue a new license or permit |
| |||||||
| |||||||
1 | for a period of one
year after the date of cancellation. | ||||||
2 | However, upon application, the Secretary
of State may, if | ||||||
3 | satisfied that the person applying will not endanger the
| ||||||
4 | public safety, or welfare, issue a restricted driving | ||||||
5 | permit granting the
privilege of driving a motor vehicle | ||||||
6 | between the petitioner's residence and
petitioner's place | ||||||
7 | of employment or within the scope of the petitioner's | ||||||
8 | employment
related duties, or to allow transportation for
| ||||||
9 | the petitioner or a household member of the petitioner's | ||||||
10 | family for the receipt of
necessary medical care, or | ||||||
11 | provide transportation for the petitioner to and from | ||||||
12 | alcohol or drug remedial or
rehabilitative activity | ||||||
13 | recommended by a licensed service provider, or for the | ||||||
14 | petitioner to attend classes, as a student,
in an | ||||||
15 | accredited educational institution. The petitioner must
| ||||||
16 | demonstrate that no alternative means of transportation is | ||||||
17 | reasonably
available; provided that the Secretary's | ||||||
18 | discretion shall be limited to
cases where undue hardship, | ||||||
19 | as defined by the rules of the Secretary of State, would | ||||||
20 | result from a failure to issue such
restricted driving | ||||||
21 | permit. In each case the Secretary of State may issue
such | ||||||
22 | restricted driving permit for such period as he deems | ||||||
23 | appropriate,
except that such permit shall expire within | ||||||
24 | one year from the date of
issuance. A restricted driving | ||||||
25 | permit issued hereunder shall be subject to
cancellation, | ||||||
26 | revocation and suspension by the Secretary of State in like
|
| |||||||
| |||||||
1 | manner and for like cause as a driver's license issued | ||||||
2 | hereunder may be
cancelled, revoked or suspended; except | ||||||
3 | that a conviction upon one or more
offenses against laws or | ||||||
4 | ordinances regulating the movement of traffic
shall be | ||||||
5 | deemed sufficient cause for the revocation, suspension or
| ||||||
6 | cancellation of a restricted driving permit. The Secretary | ||||||
7 | of State may,
as a condition to the issuance of a | ||||||
8 | restricted driving permit, require the
applicant to | ||||||
9 | participate in a driver remedial or rehabilitative
| ||||||
10 | program. In accordance with 49 C.F.R. 384, the Secretary of | ||||||
11 | State may not issue a restricted driving permit for the | ||||||
12 | operation of a commercial motor vehicle to a person holding | ||||||
13 | a CDL whose driving privileges have been revoked, | ||||||
14 | suspended, cancelled, or disqualified under this Code; or
| ||||||
15 | 8. failed to submit a report as required by Section | ||||||
16 | 6-116.5 of this
Code; or
| ||||||
17 | 9. has been convicted of a sex offense as defined in | ||||||
18 | the Sex Offender Registration Act. The driver's license | ||||||
19 | shall remain cancelled until the driver registers as a sex | ||||||
20 | offender as required by the Sex Offender Registration Act, | ||||||
21 | proof of the registration is furnished to the Secretary of | ||||||
22 | State and the sex offender provides proof of current | ||||||
23 | address to the Secretary; or
| ||||||
24 | 10. is ineligible for a license or permit under Section | ||||||
25 | 6-107, 6-107.1, or
6-108 of this Code; or
| ||||||
26 | 11. refused or neglected to appear at a Driver Services |
| |||||||
| |||||||
1 | facility to have the license or permit corrected and a new | ||||||
2 | license or permit issued or to present documentation for | ||||||
3 | verification of identity; or
| ||||||
4 | 12. failed to submit a medical examiner's certificate | ||||||
5 | or medical variance as required by 49 C.F.R. 383.71 or | ||||||
6 | submitted a fraudulent medical examiner's certificate or | ||||||
7 | medical variance; or | ||||||
8 | 13. has had his or her medical examiner's certificate, | ||||||
9 | medical variance, or both removed or rescinded by the | ||||||
10 | Federal Motor Carrier Safety Administration; or | ||||||
11 | 14. failed to self-certify as to the type of driving in | ||||||
12 | which the CDL driver engages or expects to engage; or | ||||||
13 | 15. has submitted acceptable documentation indicating | ||||||
14 | out-of-state residency to the Secretary of State to be | ||||||
15 | released from the requirement of showing proof of financial | ||||||
16 | responsibility in this State; or | ||||||
17 | 16. was convicted of fraud relating to the testing or | ||||||
18 | issuance of a CDL or CLP, in which case only the CDL or CLP | ||||||
19 | shall be cancelled. After cancellation, the Secretary | ||||||
20 | shall not issue a CLP or CDL for a period of one year from | ||||||
21 | the date of cancellation; or | ||||||
22 | 17. has a special restricted license under subsection | ||||||
23 | (g) of Section 6-113 of this Code and failed to submit the | ||||||
24 | required annual vision specialist report that the special | ||||||
25 | restricted license holder's vision has not changed; or | ||||||
26 | 18. has a special restricted license under subsection |
| |||||||
| |||||||
1 | (g) of Section 6-113 of this Code and was convicted or | ||||||
2 | received court supervision for a violation of this Code | ||||||
3 | that occurred during nighttime hours or was involved in a | ||||||
4 | motor vehicle accident during nighttime hours in which the | ||||||
5 | restricted license holder was at fault ; or . | ||||||
6 | 19. has assisted an out-of-state resident in acquiring | ||||||
7 | an Illinois driver's license or identification card by | ||||||
8 | providing or allowing the out-of-state resident to use his | ||||||
9 | or her Illinois address of residence and is complicit in | ||||||
10 | distributing and forwarding the Illinois driver's license | ||||||
11 | or identification card to the out-of-state resident. | ||||||
12 | (b) Upon such cancellation the licensee or permittee must | ||||||
13 | surrender the
license or permit so cancelled to the Secretary | ||||||
14 | of State.
| ||||||
15 | (c) Except as provided in Sections 6-206.1 and 7-702.1,
the | ||||||
16 | Secretary of State
shall have exclusive authority to grant, | ||||||
17 | issue, deny, cancel, suspend and
revoke driving privileges, | ||||||
18 | drivers' licenses and restricted driving permits.
| ||||||
19 | (d) The Secretary of State may adopt rules to implement | ||||||
20 | this Section.
| ||||||
21 | (Source: P.A. 97-208, eff. 1-1-12; 97-229; eff. 7-28-11; | ||||||
22 | 97-813, eff. 7-13-12; 97-835, eff. 7-20-12; 98-176 (see Section | ||||||
23 | 10 of P.A. 98-722 and Section 10 of P.A. 99-414 for the | ||||||
24 | effective date of changes made by P.A. 98-176); 98-178, eff. | ||||||
25 | 1-1-14; 98-747, eff. 1-1-15; 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-401) (from Ch. 95 1/2, par. 6-401)
| ||||||
2 | Sec. 6-401. Driver training schools-license required. | ||||||
3 | (a) No person, firm,
association, partnership or | ||||||
4 | corporation shall operate a
driver training school or engage in | ||||||
5 | the business of giving instruction for
hire or for a fee in (1) | ||||||
6 | the driving of motor vehicles; or (2) the preparation of
an | ||||||
7 | applicant for examination given by the Secretary of State for a | ||||||
8 | drivers
license or permit, unless a license therefor has been | ||||||
9 | issued by the
Secretary.
No public schools or educational | ||||||
10 | institutions shall contract with entities
engaged in the | ||||||
11 | business of giving instruction for hire or for a fee in the
| ||||||
12 | driving
of motor vehicles for the preparation of an applicant | ||||||
13 | for examination given
by the Secretary of State for a driver's | ||||||
14 | license or permit, unless a license
therefor has been issued by | ||||||
15 | the Secretary.
| ||||||
16 | This subsection (a) Section shall not apply to (i) public | ||||||
17 | schools or to educational
institutions in which driving | ||||||
18 | instruction is part of the curriculum, (ii)
employers giving | ||||||
19 | instruction to their employees, or (iii) schools that teach | ||||||
20 | enhanced driving skills to licensed drivers as set forth in | ||||||
21 | Article X of Chapter 6 of this Code.
| ||||||
22 | (b) Any person, firm, association, partnership, or | ||||||
23 | corporation that violates subsection (a) of this Section shall | ||||||
24 | be guilty of a Class A misdemeanor for a first offense and a | ||||||
25 | Class 4 felony for a second or subsequent offense. | ||||||
26 | (Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-229, |
| |||||||
| |||||||
1 | eff. 7-28-11.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|