(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 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
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applicant and his principal or additional places of business, if any, in this State.
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2. The kind or kinds of business enumerated in
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subsection (a) of this Section to be conducted at each location.
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3. If the applicant is a corporation, a list of its
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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.
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4. A statement that the applicant's officers,
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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:
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(a) The Anti Theft Laws of the Illinois Vehicle
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(b) The "Certificate of Title Laws" of the
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(c) The "Offenses against Registration and
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Certificates of Title Laws" of the Illinois Vehicle Code;
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(d) The "Dealers, Transporters, Wreckers and
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Rebuilders Laws" of the Illinois Vehicle Code;
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(e) Section 21‑2 of the Criminal Code of 1961,
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Criminal Trespass to Vehicles; or
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(f) The Retailers Occupation Tax Act.
5. A statement that the applicant's officers,
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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:
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(a) The Consumer Finance Act;
(b) The Consumer Installment Loan Act;
(c) The Retail Installment Sales Act;
(d) The Motor Vehicle Retail Installment Sales
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(e) The Interest Act;
(f) The Illinois Wage Assignment Act;
(g) Part 8 of Article XII of the Code of Civil
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(h) The Consumer Fraud Act.
6. An application for a license shall be accompanied
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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.
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7. A statement that the applicant understands
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Chapter 1 through Chapter 5 of this Code.
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8. A statement that the applicant shall comply with
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subsection (e) of this Section.
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(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
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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;
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3. A designation of the kind or kinds of business
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enumerated in subsection (a) of this Section to be conducted at each location;
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4. In the case of an original license, the
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established place of business of the licensee;
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5. In the case of a supplemental license, the
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established place of business of the licensee and the additional place of business to which such supplemental license pertains.
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(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 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
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time applicants plan to do business is in compliance with local zoning laws and regulations, and a listing of zoning classification;
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2. Provide proof that the applicant for a repairer's
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license complies with the proper workers' compensation rate code or classification, and listing the code of classification for that industry;
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3. Provide proof that the applicant for a
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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;
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4. Provide proof that the applicant has obtained or
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applied for a hazardous waste generator number, and listing the actual number if available or certificate of exemption;
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5. Provide proof that applicant has proper liability
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insurance, and listing the name of the insurer and the policy number; and
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6. Provide proof that the applicant has obtained or
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applied for the proper State sales tax classification and federal identification tax number, and listing the actual numbers if available.
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(i‑1) All automotive repairers shall provide proof that
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they comply with all requirements of the Automotive Collision Repair Act.
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(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
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vehicles per year or has 5 hulks or chassis in stock;
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2. Provide proof that the property on which all
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first time applicants will do business does comply to the proper local zoning laws in existence, and a listing of zoning classifications;
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3. Provide proof that applicant complies with the
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proper workers' compensation rate code or classification, and listing the code of classification; and
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4. Provide proof that applicant has obtained or
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applied for the proper State sales tax classification and federal identification tax number, and listing the actual numbers if available.
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(Source: P.A. 94‑784, eff. 1‑1‑07.)
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(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 salvage vehicles to a
nonresident who has not been issued an out‑of‑state salvage vehicle buyer's
ID card from the Secretary of State under this Section. To qualify for this
ID card, the applicant shall submit with the application an out‑of‑state
dealer license which is issued by the applicant's state and is
substantially equivalent to that of a rebuilder, automotive parts recycler
or scrap processor, as licensed under 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.
(c) An application for an out‑of‑state ID card shall be accompanied by a
fee of $100; provided however, that if an application is made after June
15 of
any year, the ID card fee shall be $50. Any fees shall be returnable only
in the event that such application is denied by the Secretary of State.
(d) 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 out‑of‑state salvage vehicle buyer's ID card.
(e) Except as provided in subsection (f) of this Section, licenses
granted under this Section shall expire by operation of law on December 31
of the calendar year for which they are granted unless revoked or cancelled
under the provisions of Section 5‑501 of this Chapter.
(f) Any license granted under this Section may be renewed upon
application and payment of the fee required for an original license,
provided however, that where an application for the renewal of a license
is made during the month of December, the license in effect at the time of
application for renewal shall remain in force until such application is
granted or denied by the Secretary of State.
(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) Beginning July 1, 1988, the application filed with the Secretary of
State shall also contain:
1. The name and type of business organization of the applicant and
his principal or other places of business;
2. If the applicant is a corporation, a list of its officers,
directors, and shareholders having a 10% 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;
3. A statement that the applicant's officers, directors, shareholders
having a 10% or greater ownership interest therein, proprietor,
partner, member, officer, director, trustee, manager, or other principals
in the business have not committed in the past 3 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";
4. A statement that the applicant's officers, directors, shareholders
having a 10% 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) "An Act in relation to the rate of interest and other charges in
connection with sales on credit and the lending of money", approved May 24,
1879, as amended;
(F) "An Act to promote the welfare of wage earners by regulating the
assignment of wages, and prescribing a penalty for the violation thereof",
approved July 1, 1935, as amended;
(G) Part 8 of Article XII of the Code of Civil Procedure; or
(H) The "Consumer Fraud Act"; and
5. A statement that the applicant understands Chapters 1 through
5 of this Code.
(i) 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.
(Source: P.A. 86‑444.)
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