(625 ILCS 5/5‑401.2)(from Ch. 95 1/2, par. 5‑401.2) Sec. 5‑401.2. Licensees required to keep records and make inspections. (a) Every person licensed or required to be licensed under Section 5‑101, 5‑101.1, 5‑102, 5‑301 or 5‑302 of this Code, shall, with the exception of scrap processors, maintain for 3 years, in a form as the Secretary of State may by rule or regulation prescribe, at his established place of business, additional place of business, or principal place of business if licensed under Section 5‑302, the following records relating to the acquisition or disposition of vehicles and their essential parts possessed in this State, brought into this State from another state, territory or country, or sold or transferred to another person in this State or in another state, territory, or country. (1) The following records pertaining to new or used
vehicles shall be kept:
(A) the year, make, model, style and color of
the vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date of acquisition of the vehicle; (D) the name and address of the person from whom
the vehicle was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of such person;
(E) the signature of the person making the
inspection of a used vehicle as required under subsection (d) of this Section, if applicable;
(F) the purchase price of the vehicle, if
applicable;
(G) the date of the disposition of the vehicle; (H) the name and address of the person to whom
any vehicle was disposed, and if that person is a dealer, the Illinois or out‑of‑State dealer's license number of that dealer;
(I) the uniform invoice number reflecting the
disposition of the vehicle, if applicable; and
(J) The sale price of the vehicle, if applicable. (2) (A) The following records pertaining to used
essential parts other than quarter panels and transmissions of vehicles of the first division shall be kept:
(i) the year, make, model, color and type of
such part;
(ii) the vehicle's manufacturer's identification
number, derivative number, or, if applicable, the Secretary of State or Illinois Department of State Police identification number of such part;
(iii) the date of the acquisition of each part; (iv) the name and address of the person from
whom the part was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of such person; if the essential part being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least two sources of identification, one of which shall be a drivers license or State identification card;
(v) the uniform invoice number or out‑of‑state
bill of sale number reflecting the acquisition of such part;
(vi) the stock number assigned to the essential
part by the licensee, if applicable;
(vii) the date of the disposition of such part; (viii) the name and address of the person to
whom such part was disposed of and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(ix) the uniform invoice number reflecting the
disposition of such part.
(B) Inspections of all essential parts shall be
conducted in accordance with Section 5‑402.1.
(C) A separate entry containing all of the
information required to be recorded in subparagraph (A) of paragraph (2) of subsection (a) of this Section shall be made for each separate essential part. Separate entries shall be made regardless of whether the part was a large purchase acquisition. In addition, a separate entry shall be made for each part acquired for immediate sale or transfer, or for placement into the overall inventory or stock to be disposed of at a later time, or for use on a vehicle to be materially altered by the licensee, or acquired for any other purpose or reason. Failure to make a separate entry for each essential part acquired or disposed of, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each essential part as set forth in subparagraph (A) of paragraph (2) of subsection (a) shall constitute a failure to keep records.
(D) The vehicle's manufacturer's identification
number or Secretary of State or Illinois Department of State Police identification number for the essential part shall be ascertained and recorded even if such part is acquired from a person or dealer located in a State, territory, or country which does not require that such information be recorded. If the vehicle's manufacturer's identification number or Secretary of State or Illinois Department of State Police identification number for an essential part cannot be obtained, that part shall not be acquired by the licensee or any of his agents or employees. If such part or parts were physically acquired by the licensee or any of his agents or employees while the licensee or agent or employee was outside this State, that licensee or agent or employee was outside the State, that licensee, agent or employee shall not bring such essential part into this State or cause it to be brought into this State. The acquisition or disposition of an essential part by a licensee without the recording of the vehicle identification number or Secretary of State identification number for such part or the transportation into the State by the licensee or his agent or employee of such part or parts shall constitute a failure to keep records.
(E) The records of essential parts required to be
kept by this Section shall apply to all hulks, chassis, frames or cowls, regardless of the age of those essential parts. The records required to be kept by this Section for essential parts other than hulks, chassis, frames or cowls, shall apply only to those essential parts which are 6 model years of age or newer. In determining the model year of such an essential part it may be presumed that the identification number of the vehicle from which the essential part came or the identification number affixed to the essential part itself acquired by the licensee denotes the model year of that essential part. This presumption, however, shall not apply if the gross appearance of the essential part does not correspond to the year, make or model of either the identification number of the vehicle from which the essential part is alleged to have come or the identification number which is affixed to the essential part itself. To determine whether an essential part is 6 years of age or newer within this paragraph, the model year of the essential part shall be subtracted from the calendar year in which the essential part is acquired or disposed of by the licensee. If the remainder is 6 or less, the record of the acquisition or disposition of that essential part shall be kept as required by this Section.
(F) The requirements of paragraph (2) of subsection
(a) 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.
(3) the following records for vehicles on which junking certificates are obtained shall be kept: (A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date the vehicle was acquired; (D) the name and address of the person from whom the
vehicle was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(E) the certificate of title number or salvage
certificate number for the vehicle, if applicable;
(F) the junking certificate number obtained by the
licensee; this entry shall be recorded at the close of business of the fifth business day after receiving the junking certificate;
(G) the name and address of the person to whom the
junking certificate has been assigned, if applicable, and if that person is a dealer, the Illinois or out‑of‑state dealer license number of that dealer;
(H) if the vehicle or any part of the vehicle is
dismantled for its parts to be disposed of in any way, or if such parts are to be used by the licensee to materially alter a vehicle, those essential parts shall be recorded and the entries required by paragraph (2) of subsection (a) shall be made.
(4) The following records for rebuilt vehicles shall be kept: (A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number of the vehicle or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date the vehicle was acquired; (D) the name and address of the person from whom the
vehicle was acquired, and if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(E) the salvage certificate number for the vehicle; (F) the newly issued certificate of title number for
the vehicle;
(G) the date of disposition of the vehicle; (H) the name and address of the person to whom the
vehicle was disposed, and if a dealer, the Illinois or out‑of‑state dealer license number of that dealer;
(I) The sale price of the vehicle. (a‑1) A person licensed or required to be licensed under Section 5‑101 or Section 5‑102 of this Code who issues temporary registration permits as permitted by this Code and by rule must electronically file the registration with the Secretary and must maintain records of the registration in the manner prescribed by the Secretary. (b) A failure to make separate entries for each vehicle acquired, disposed of, or assigned, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each vehicle as set forth in paragraphs (1), (3) and (4) of subsection (a) shall constitute a failure to keep records. (c) All entries relating to the acquisition of a vehicle or essential part required by subsection (a) of this Section shall be recorded no later than the close of business on the seventh calendar day following such acquisition. All entries relating to the disposition of a vehicle or an essential part shall be made at the time of such disposition. If the vehicle or essential part was disposed of on the same day as its acquisition or the day thereafter, the entries relating to the acquisition of the vehicle or essential part shall be made at the time of the disposition of the vehicle or essential part. Failure to make the entries required in or at the times prescribed by this subsection following the acquisition or disposition of such vehicle or essential part shall constitute a failure to keep records. (d) Every person licensed or required to be licensed shall, before accepting delivery of a used vehicle, inspect the vehicle to determine whether the manufacturer's public vehicle identification number has been defaced, destroyed, falsified, removed, altered, or tampered with in any way. If the person making the inspection determines that the manufacturer's public vehicle identification number has been altered, removed, defaced, destroyed, falsified or tampered with he shall not acquire that vehicle but instead shall promptly notify law enforcement authorities of his finding. (e) The information required to be kept in subsection (a) of this Section shall be kept in a manner prescribed by rule or regulation of the Secretary of State. (f) Every person licensed or required to be licensed shall have in his possession a separate certificate of title, salvage certificate, junking certificate, certificate of purchase, uniform invoice, out‑of‑state bill of sale or other acceptable documentary evidence of his right to the possession of every vehicle or essential part. (g) Every person licensed or required to be licensed as a transporter under Section 5‑201 shall maintain for 3 years, in such form as the Secretary of State may by rule or regulation prescribe, at his principal place of business a record of every vehicle transported by him, including numbers of or other marks of identification thereof, the names and addresses of persons from whom and to whom the vehicle was delivered and the dates of delivery. (h) No later than 15 days prior to going out of business, selling the business, or transferring the ownership of the business, the licensee shall notify the Secretary of State that he is going out of business or that he is transferring the ownership of the business. Failure to notify under this paragraph shall constitute a failure to keep records. (i) (Blank). (j) A person who knowingly fails to comply with the provisions of this Section or knowingly fails to obey, observe, or comply with any order of the Secretary or any law enforcement agency issued in accordance with this Section is guilty of a Class B misdemeanor for the first violation and a Class A misdemeanor for the second and subsequent violations. Each violation constitutes a separate and distinct offense and a separate count may be brought in the same indictment or information for each vehicle or each essential part of a vehicle for which a record was not kept as required by this Section. (k) Any person convicted of failing to keep the records required by this Section with intent to conceal the identity or origin of a vehicle or its essential parts or with intent to defraud the public in the transfer or sale of vehicles or their essential parts is guilty of a Class 2 felony. Each violation constitutes a separate and distinct offense and a separate count may be brought in the same indictment or information for each vehicle or essential part of a vehicle for which a record was not kept as required by this Section. (l) A person may not be criminally charged with or convicted of both a knowing failure to comply with this Section and a knowing failure to comply with any order, if both offenses involve the same record keeping violation. (m) The Secretary shall adopt rules necessary for implementation of this Section, which may include the imposition of administrative fines. (Source: P.A. 91‑415, eff. 1‑1‑00; 92‑773, eff. 8‑6‑02.)
(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, 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, 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 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, 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, Salvage Certificate or Certificate of Purchase shall record the Vehicle Identification Number on the weight ticket or affix a copy of the Certificate of Title, Salvage 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, Certificate of 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 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 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 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, 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) 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. (Source: P.A. 95‑253, eff. 1‑1‑08; 95‑979, eff. 1‑2‑09.)
(625 ILCS 5/5‑401.4) Sec. 5‑401.4. Purchase of beer kegs by scrap processors. (a) A scrap processor may not purchase metal beer kegs from any person other than the beer manufacturer whose identity is printed, stamped, attached, or otherwise displayed on the beer keg, or the manufacturer's authorized representative. (b) The purchaser shall obtain a proof of ownership record from a person selling the beer keg, including any person selling a beer keg with an indicia of ownership that is obliterated, unreadable, or missing, and shall also verify the seller's identity by a driver's license or other government‑issued photo identification. The proof of ownership record shall include all of the following information: (1) The name, address, telephone number, and
signature of the seller or the seller's authorized representative.
(2) The name and address of the buyer, or consignee
if not sold.
(3) A description of the beer keg, including its
capacity and any indicia of ownership or other distinguishing marks appearing on the exterior surface.
(4) The date of transaction. (c) The information required to be collected by this
Section shall be kept for one year from the date of purchase or delivery, whichever is later.
(625 ILCS 5/5‑402)(from Ch. 95 1/2, par. 5‑402) Sec. 5‑402. Use of Department of Revenue Uniform Invoice for vehicle. Every person licensed as a new vehicle dealer, as a used vehicle dealer, or as a motor vehicle financing affiliate shall issue a Uniform Invoice with respect to each transaction wherein he disposes of a vehicle, except that where, in the same transaction, a vehicle dealer transfers more than one vehicle to another vehicle dealer for the purpose of resale, such seller for resale may issue one Uniform Invoice to the purchaser covering all the vehicles involved in that transaction and may report the transfer of all the vehicles involved in that transaction to the Department on the same Uniform Invoice‑transaction reporting return form. Every person licensed as a rebuilder shall likewise issue a Uniform Invoice with respect to each transaction wherein he disposes of a rebuilt or restored vehicle. Such Uniform Invoice shall be the same document as the transaction reporting return referred to in Section 3 of the Retailers' Occupation Tax Act. Such Uniform Invoice shall contain complete financial details of the transaction in such form as shall be prescribed by the Department of Revenue. Such Uniform Invoice shall include an affidavit by both the seller and the buyer that any trade‑in title has been properly assigned from the buyer to the seller and that all information on the Uniform Invoice‑transaction reporting return is true and accurate. (Source: P.A. 91‑415, eff. 1‑1‑00.)
(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. (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
(625 ILCS 5/5‑401.2)(from Ch. 95 1/2, par. 5‑401.2) Sec. 5‑401.2. Licensees required to keep records and make inspections. (a) Every person licensed or required to be licensed under Section 5‑101, 5‑101.1, 5‑102, 5‑301 or 5‑302 of this Code, shall, with the exception of scrap processors, maintain for 3 years, in a form as the Secretary of State may by rule or regulation prescribe, at his established place of business, additional place of business, or principal place of business if licensed under Section 5‑302, the following records relating to the acquisition or disposition of vehicles and their essential parts possessed in this State, brought into this State from another state, territory or country, or sold or transferred to another person in this State or in another state, territory, or country. (1) The following records pertaining to new or used
vehicles shall be kept:
(A) the year, make, model, style and color of
the vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date of acquisition of the vehicle; (D) the name and address of the person from whom
the vehicle was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of such person;
(E) the signature of the person making the
inspection of a used vehicle as required under subsection (d) of this Section, if applicable;
(F) the purchase price of the vehicle, if
applicable;
(G) the date of the disposition of the vehicle; (H) the name and address of the person to whom
any vehicle was disposed, and if that person is a dealer, the Illinois or out‑of‑State dealer's license number of that dealer;
(I) the uniform invoice number reflecting the
disposition of the vehicle, if applicable; and
(J) The sale price of the vehicle, if applicable. (2) (A) The following records pertaining to used
essential parts other than quarter panels and transmissions of vehicles of the first division shall be kept:
(i) the year, make, model, color and type of
such part;
(ii) the vehicle's manufacturer's identification
number, derivative number, or, if applicable, the Secretary of State or Illinois Department of State Police identification number of such part;
(iii) the date of the acquisition of each part; (iv) the name and address of the person from
whom the part was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of such person; if the essential part being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least two sources of identification, one of which shall be a drivers license or State identification card;
(v) the uniform invoice number or out‑of‑state
bill of sale number reflecting the acquisition of such part;
(vi) the stock number assigned to the essential
part by the licensee, if applicable;
(vii) the date of the disposition of such part; (viii) the name and address of the person to
whom such part was disposed of and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(ix) the uniform invoice number reflecting the
disposition of such part.
(B) Inspections of all essential parts shall be
conducted in accordance with Section 5‑402.1.
(C) A separate entry containing all of the
information required to be recorded in subparagraph (A) of paragraph (2) of subsection (a) of this Section shall be made for each separate essential part. Separate entries shall be made regardless of whether the part was a large purchase acquisition. In addition, a separate entry shall be made for each part acquired for immediate sale or transfer, or for placement into the overall inventory or stock to be disposed of at a later time, or for use on a vehicle to be materially altered by the licensee, or acquired for any other purpose or reason. Failure to make a separate entry for each essential part acquired or disposed of, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each essential part as set forth in subparagraph (A) of paragraph (2) of subsection (a) shall constitute a failure to keep records.
(D) The vehicle's manufacturer's identification
number or Secretary of State or Illinois Department of State Police identification number for the essential part shall be ascertained and recorded even if such part is acquired from a person or dealer located in a State, territory, or country which does not require that such information be recorded. If the vehicle's manufacturer's identification number or Secretary of State or Illinois Department of State Police identification number for an essential part cannot be obtained, that part shall not be acquired by the licensee or any of his agents or employees. If such part or parts were physically acquired by the licensee or any of his agents or employees while the licensee or agent or employee was outside this State, that licensee or agent or employee was outside the State, that licensee, agent or employee shall not bring such essential part into this State or cause it to be brought into this State. The acquisition or disposition of an essential part by a licensee without the recording of the vehicle identification number or Secretary of State identification number for such part or the transportation into the State by the licensee or his agent or employee of such part or parts shall constitute a failure to keep records.
(E) The records of essential parts required to be
kept by this Section shall apply to all hulks, chassis, frames or cowls, regardless of the age of those essential parts. The records required to be kept by this Section for essential parts other than hulks, chassis, frames or cowls, shall apply only to those essential parts which are 6 model years of age or newer. In determining the model year of such an essential part it may be presumed that the identification number of the vehicle from which the essential part came or the identification number affixed to the essential part itself acquired by the licensee denotes the model year of that essential part. This presumption, however, shall not apply if the gross appearance of the essential part does not correspond to the year, make or model of either the identification number of the vehicle from which the essential part is alleged to have come or the identification number which is affixed to the essential part itself. To determine whether an essential part is 6 years of age or newer within this paragraph, the model year of the essential part shall be subtracted from the calendar year in which the essential part is acquired or disposed of by the licensee. If the remainder is 6 or less, the record of the acquisition or disposition of that essential part shall be kept as required by this Section.
(F) The requirements of paragraph (2) of subsection
(a) 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.
(3) the following records for vehicles on which junking certificates are obtained shall be kept: (A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date the vehicle was acquired; (D) the name and address of the person from whom the
vehicle was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(E) the certificate of title number or salvage
certificate number for the vehicle, if applicable;
(F) the junking certificate number obtained by the
licensee; this entry shall be recorded at the close of business of the fifth business day after receiving the junking certificate;
(G) the name and address of the person to whom the
junking certificate has been assigned, if applicable, and if that person is a dealer, the Illinois or out‑of‑state dealer license number of that dealer;
(H) if the vehicle or any part of the vehicle is
dismantled for its parts to be disposed of in any way, or if such parts are to be used by the licensee to materially alter a vehicle, those essential parts shall be recorded and the entries required by paragraph (2) of subsection (a) shall be made.
(4) The following records for rebuilt vehicles shall be kept: (A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number of the vehicle or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date the vehicle was acquired; (D) the name and address of the person from whom the
vehicle was acquired, and if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(E) the salvage certificate number for the vehicle; (F) the newly issued certificate of title number for
the vehicle;
(G) the date of disposition of the vehicle; (H) the name and address of the person to whom the
vehicle was disposed, and if a dealer, the Illinois or out‑of‑state dealer license number of that dealer;
(I) The sale price of the vehicle. (a‑1) A person licensed or required to be licensed under Section 5‑101 or Section 5‑102 of this Code who issues temporary registration permits as permitted by this Code and by rule must electronically file the registration with the Secretary and must maintain records of the registration in the manner prescribed by the Secretary. (b) A failure to make separate entries for each vehicle acquired, disposed of, or assigned, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each vehicle as set forth in paragraphs (1), (3) and (4) of subsection (a) shall constitute a failure to keep records. (c) All entries relating to the acquisition of a vehicle or essential part required by subsection (a) of this Section shall be recorded no later than the close of business on the seventh calendar day following such acquisition. All entries relating to the disposition of a vehicle or an essential part shall be made at the time of such disposition. If the vehicle or essential part was disposed of on the same day as its acquisition or the day thereafter, the entries relating to the acquisition of the vehicle or essential part shall be made at the time of the disposition of the vehicle or essential part. Failure to make the entries required in or at the times prescribed by this subsection following the acquisition or disposition of such vehicle or essential part shall constitute a failure to keep records. (d) Every person licensed or required to be licensed shall, before accepting delivery of a used vehicle, inspect the vehicle to determine whether the manufacturer's public vehicle identification number has been defaced, destroyed, falsified, removed, altered, or tampered with in any way. If the person making the inspection determines that the manufacturer's public vehicle identification number has been altered, removed, defaced, destroyed, falsified or tampered with he shall not acquire that vehicle but instead shall promptly notify law enforcement authorities of his finding. (e) The information required to be kept in subsection (a) of this Section shall be kept in a manner prescribed by rule or regulation of the Secretary of State. (f) Every person licensed or required to be licensed shall have in his possession a separate certificate of title, salvage certificate, junking certificate, certificate of purchase, uniform invoice, out‑of‑state bill of sale or other acceptable documentary evidence of his right to the possession of every vehicle or essential part. (g) Every person licensed or required to be licensed as a transporter under Section 5‑201 shall maintain for 3 years, in such form as the Secretary of State may by rule or regulation prescribe, at his principal place of business a record of every vehicle transported by him, including numbers of or other marks of identification thereof, the names and addresses of persons from whom and to whom the vehicle was delivered and the dates of delivery. (h) No later than 15 days prior to going out of business, selling the business, or transferring the ownership of the business, the licensee shall notify the Secretary of State that he is going out of business or that he is transferring the ownership of the business. Failure to notify under this paragraph shall constitute a failure to keep records. (i) (Blank). (j) A person who knowingly fails to comply with the provisions of this Section or knowingly fails to obey, observe, or comply with any order of the Secretary or any law enforcement agency issued in accordance with this Section is guilty of a Class B misdemeanor for the first violation and a Class A misdemeanor for the second and subsequent violations. Each violation constitutes a separate and distinct offense and a separate count may be brought in the same indictment or information for each vehicle or each essential part of a vehicle for which a record was not kept as required by this Section. (k) Any person convicted of failing to keep the records required by this Section with intent to conceal the identity or origin of a vehicle or its essential parts or with intent to defraud the public in the transfer or sale of vehicles or their essential parts is guilty of a Class 2 felony. Each violation constitutes a separate and distinct offense and a separate count may be brought in the same indictment or information for each vehicle or essential part of a vehicle for which a record was not kept as required by this Section. (l) A person may not be criminally charged with or convicted of both a knowing failure to comply with this Section and a knowing failure to comply with any order, if both offenses involve the same record keeping violation. (m) The Secretary shall adopt rules necessary for implementation of this Section, which may include the imposition of administrative fines. (Source: P.A. 91‑415, eff. 1‑1‑00; 92‑773, eff. 8‑6‑02.)
(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, 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, 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 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, 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, Salvage Certificate or Certificate of Purchase shall record the Vehicle Identification Number on the weight ticket or affix a copy of the Certificate of Title, Salvage 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, Certificate of 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 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 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 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, 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) 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. (Source: P.A. 95‑253, eff. 1‑1‑08; 95‑979, eff. 1‑2‑09.)
(625 ILCS 5/5‑401.4) Sec. 5‑401.4. Purchase of beer kegs by scrap processors. (a) A scrap processor may not purchase metal beer kegs from any person other than the beer manufacturer whose identity is printed, stamped, attached, or otherwise displayed on the beer keg, or the manufacturer's authorized representative. (b) The purchaser shall obtain a proof of ownership record from a person selling the beer keg, including any person selling a beer keg with an indicia of ownership that is obliterated, unreadable, or missing, and shall also verify the seller's identity by a driver's license or other government‑issued photo identification. The proof of ownership record shall include all of the following information: (1) The name, address, telephone number, and
signature of the seller or the seller's authorized representative.
(2) The name and address of the buyer, or consignee
if not sold.
(3) A description of the beer keg, including its
capacity and any indicia of ownership or other distinguishing marks appearing on the exterior surface.
(4) The date of transaction. (c) The information required to be collected by this
Section shall be kept for one year from the date of purchase or delivery, whichever is later.
(625 ILCS 5/5‑402)(from Ch. 95 1/2, par. 5‑402) Sec. 5‑402. Use of Department of Revenue Uniform Invoice for vehicle. Every person licensed as a new vehicle dealer, as a used vehicle dealer, or as a motor vehicle financing affiliate shall issue a Uniform Invoice with respect to each transaction wherein he disposes of a vehicle, except that where, in the same transaction, a vehicle dealer transfers more than one vehicle to another vehicle dealer for the purpose of resale, such seller for resale may issue one Uniform Invoice to the purchaser covering all the vehicles involved in that transaction and may report the transfer of all the vehicles involved in that transaction to the Department on the same Uniform Invoice‑transaction reporting return form. Every person licensed as a rebuilder shall likewise issue a Uniform Invoice with respect to each transaction wherein he disposes of a rebuilt or restored vehicle. Such Uniform Invoice shall be the same document as the transaction reporting return referred to in Section 3 of the Retailers' Occupation Tax Act. Such Uniform Invoice shall contain complete financial details of the transaction in such form as shall be prescribed by the Department of Revenue. Such Uniform Invoice shall include an affidavit by both the seller and the buyer that any trade‑in title has been properly assigned from the buyer to the seller and that all information on the Uniform Invoice‑transaction reporting return is true and accurate. (Source: P.A. 91‑415, eff. 1‑1‑00.)
(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. (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
(625 ILCS 5/5‑401.2)(from Ch. 95 1/2, par. 5‑401.2) Sec. 5‑401.2. Licensees required to keep records and make inspections. (a) Every person licensed or required to be licensed under Section 5‑101, 5‑101.1, 5‑102, 5‑301 or 5‑302 of this Code, shall, with the exception of scrap processors, maintain for 3 years, in a form as the Secretary of State may by rule or regulation prescribe, at his established place of business, additional place of business, or principal place of business if licensed under Section 5‑302, the following records relating to the acquisition or disposition of vehicles and their essential parts possessed in this State, brought into this State from another state, territory or country, or sold or transferred to another person in this State or in another state, territory, or country. (1) The following records pertaining to new or used
vehicles shall be kept:
(A) the year, make, model, style and color of
the vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date of acquisition of the vehicle; (D) the name and address of the person from whom
the vehicle was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of such person;
(E) the signature of the person making the
inspection of a used vehicle as required under subsection (d) of this Section, if applicable;
(F) the purchase price of the vehicle, if
applicable;
(G) the date of the disposition of the vehicle; (H) the name and address of the person to whom
any vehicle was disposed, and if that person is a dealer, the Illinois or out‑of‑State dealer's license number of that dealer;
(I) the uniform invoice number reflecting the
disposition of the vehicle, if applicable; and
(J) The sale price of the vehicle, if applicable. (2) (A) The following records pertaining to used
essential parts other than quarter panels and transmissions of vehicles of the first division shall be kept:
(i) the year, make, model, color and type of
such part;
(ii) the vehicle's manufacturer's identification
number, derivative number, or, if applicable, the Secretary of State or Illinois Department of State Police identification number of such part;
(iii) the date of the acquisition of each part; (iv) the name and address of the person from
whom the part was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of such person; if the essential part being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least two sources of identification, one of which shall be a drivers license or State identification card;
(v) the uniform invoice number or out‑of‑state
bill of sale number reflecting the acquisition of such part;
(vi) the stock number assigned to the essential
part by the licensee, if applicable;
(vii) the date of the disposition of such part; (viii) the name and address of the person to
whom such part was disposed of and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(ix) the uniform invoice number reflecting the
disposition of such part.
(B) Inspections of all essential parts shall be
conducted in accordance with Section 5‑402.1.
(C) A separate entry containing all of the
information required to be recorded in subparagraph (A) of paragraph (2) of subsection (a) of this Section shall be made for each separate essential part. Separate entries shall be made regardless of whether the part was a large purchase acquisition. In addition, a separate entry shall be made for each part acquired for immediate sale or transfer, or for placement into the overall inventory or stock to be disposed of at a later time, or for use on a vehicle to be materially altered by the licensee, or acquired for any other purpose or reason. Failure to make a separate entry for each essential part acquired or disposed of, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each essential part as set forth in subparagraph (A) of paragraph (2) of subsection (a) shall constitute a failure to keep records.
(D) The vehicle's manufacturer's identification
number or Secretary of State or Illinois Department of State Police identification number for the essential part shall be ascertained and recorded even if such part is acquired from a person or dealer located in a State, territory, or country which does not require that such information be recorded. If the vehicle's manufacturer's identification number or Secretary of State or Illinois Department of State Police identification number for an essential part cannot be obtained, that part shall not be acquired by the licensee or any of his agents or employees. If such part or parts were physically acquired by the licensee or any of his agents or employees while the licensee or agent or employee was outside this State, that licensee or agent or employee was outside the State, that licensee, agent or employee shall not bring such essential part into this State or cause it to be brought into this State. The acquisition or disposition of an essential part by a licensee without the recording of the vehicle identification number or Secretary of State identification number for such part or the transportation into the State by the licensee or his agent or employee of such part or parts shall constitute a failure to keep records.
(E) The records of essential parts required to be
kept by this Section shall apply to all hulks, chassis, frames or cowls, regardless of the age of those essential parts. The records required to be kept by this Section for essential parts other than hulks, chassis, frames or cowls, shall apply only to those essential parts which are 6 model years of age or newer. In determining the model year of such an essential part it may be presumed that the identification number of the vehicle from which the essential part came or the identification number affixed to the essential part itself acquired by the licensee denotes the model year of that essential part. This presumption, however, shall not apply if the gross appearance of the essential part does not correspond to the year, make or model of either the identification number of the vehicle from which the essential part is alleged to have come or the identification number which is affixed to the essential part itself. To determine whether an essential part is 6 years of age or newer within this paragraph, the model year of the essential part shall be subtracted from the calendar year in which the essential part is acquired or disposed of by the licensee. If the remainder is 6 or less, the record of the acquisition or disposition of that essential part shall be kept as required by this Section.
(F) The requirements of paragraph (2) of subsection
(a) 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.
(3) the following records for vehicles on which junking certificates are obtained shall be kept: (A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date the vehicle was acquired; (D) the name and address of the person from whom the
vehicle was acquired and, if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(E) the certificate of title number or salvage
certificate number for the vehicle, if applicable;
(F) the junking certificate number obtained by the
licensee; this entry shall be recorded at the close of business of the fifth business day after receiving the junking certificate;
(G) the name and address of the person to whom the
junking certificate has been assigned, if applicable, and if that person is a dealer, the Illinois or out‑of‑state dealer license number of that dealer;
(H) if the vehicle or any part of the vehicle is
dismantled for its parts to be disposed of in any way, or if such parts are to be used by the licensee to materially alter a vehicle, those essential parts shall be recorded and the entries required by paragraph (2) of subsection (a) shall be made.
(4) The following records for rebuilt vehicles shall be kept: (A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number of the vehicle or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
(C) the date the vehicle was acquired; (D) the name and address of the person from whom the
vehicle was acquired, and if that person is a dealer, the Illinois or out‑of‑state dealer license number of that person;
(E) the salvage certificate number for the vehicle; (F) the newly issued certificate of title number for
the vehicle;
(G) the date of disposition of the vehicle; (H) the name and address of the person to whom the
vehicle was disposed, and if a dealer, the Illinois or out‑of‑state dealer license number of that dealer;
(I) The sale price of the vehicle. (a‑1) A person licensed or required to be licensed under Section 5‑101 or Section 5‑102 of this Code who issues temporary registration permits as permitted by this Code and by rule must electronically file the registration with the Secretary and must maintain records of the registration in the manner prescribed by the Secretary. (b) A failure to make separate entries for each vehicle acquired, disposed of, or assigned, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each vehicle as set forth in paragraphs (1), (3) and (4) of subsection (a) shall constitute a failure to keep records. (c) All entries relating to the acquisition of a vehicle or essential part required by subsection (a) of this Section shall be recorded no later than the close of business on the seventh calendar day following such acquisition. All entries relating to the disposition of a vehicle or an essential part shall be made at the time of such disposition. If the vehicle or essential part was disposed of on the same day as its acquisition or the day thereafter, the entries relating to the acquisition of the vehicle or essential part shall be made at the time of the disposition of the vehicle or essential part. Failure to make the entries required in or at the times prescribed by this subsection following the acquisition or disposition of such vehicle or essential part shall constitute a failure to keep records. (d) Every person licensed or required to be licensed shall, before accepting delivery of a used vehicle, inspect the vehicle to determine whether the manufacturer's public vehicle identification number has been defaced, destroyed, falsified, removed, altered, or tampered with in any way. If the person making the inspection determines that the manufacturer's public vehicle identification number has been altered, removed, defaced, destroyed, falsified or tampered with he shall not acquire that vehicle but instead shall promptly notify law enforcement authorities of his finding. (e) The information required to be kept in subsection (a) of this Section shall be kept in a manner prescribed by rule or regulation of the Secretary of State. (f) Every person licensed or required to be licensed shall have in his possession a separate certificate of title, salvage certificate, junking certificate, certificate of purchase, uniform invoice, out‑of‑state bill of sale or other acceptable documentary evidence of his right to the possession of every vehicle or essential part. (g) Every person licensed or required to be licensed as a transporter under Section 5‑201 shall maintain for 3 years, in such form as the Secretary of State may by rule or regulation prescribe, at his principal place of business a record of every vehicle transported by him, including numbers of or other marks of identification thereof, the names and addresses of persons from whom and to whom the vehicle was delivered and the dates of delivery. (h) No later than 15 days prior to going out of business, selling the business, or transferring the ownership of the business, the licensee shall notify the Secretary of State that he is going out of business or that he is transferring the ownership of the business. Failure to notify under this paragraph shall constitute a failure to keep records. (i) (Blank). (j) A person who knowingly fails to comply with the provisions of this Section or knowingly fails to obey, observe, or comply with any order of the Secretary or any law enforcement agency issued in accordance with this Section is guilty of a Class B misdemeanor for the first violation and a Class A misdemeanor for the second and subsequent violations. Each violation constitutes a separate and distinct offense and a separate count may be brought in the same indictment or information for each vehicle or each essential part of a vehicle for which a record was not kept as required by this Section. (k) Any person convicted of failing to keep the records required by this Section with intent to conceal the identity or origin of a vehicle or its essential parts or with intent to defraud the public in the transfer or sale of vehicles or their essential parts is guilty of a Class 2 felony. Each violation constitutes a separate and distinct offense and a separate count may be brought in the same indictment or information for each vehicle or essential part of a vehicle for which a record was not kept as required by this Section. (l) A person may not be criminally charged with or convicted of both a knowing failure to comply with this Section and a knowing failure to comply with any order, if both offenses involve the same record keeping violation. (m) The Secretary shall adopt rules necessary for implementation of this Section, which may include the imposition of administrative fines. (Source: P.A. 91‑415, eff. 1‑1‑00; 92‑773, eff. 8‑6‑02.)
(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, 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, 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 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, 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, Salvage Certificate or Certificate of Purchase shall record the Vehicle Identification Number on the weight ticket or affix a copy of the Certificate of Title, Salvage 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, Certificate of 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 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 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 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, 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) 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. (Source: P.A. 95‑253, eff. 1‑1‑08; 95‑979, eff. 1‑2‑09.)
(625 ILCS 5/5‑401.4) Sec. 5‑401.4. Purchase of beer kegs by scrap processors. (a) A scrap processor may not purchase metal beer kegs from any person other than the beer manufacturer whose identity is printed, stamped, attached, or otherwise displayed on the beer keg, or the manufacturer's authorized representative. (b) The purchaser shall obtain a proof of ownership record from a person selling the beer keg, including any person selling a beer keg with an indicia of ownership that is obliterated, unreadable, or missing, and shall also verify the seller's identity by a driver's license or other government‑issued photo identification. The proof of ownership record shall include all of the following information: (1) The name, address, telephone number, and
signature of the seller or the seller's authorized representative.
(2) The name and address of the buyer, or consignee
if not sold.
(3) A description of the beer keg, including its
capacity and any indicia of ownership or other distinguishing marks appearing on the exterior surface.
(4) The date of transaction. (c) The information required to be collected by this
Section shall be kept for one year from the date of purchase or delivery, whichever is later.
(625 ILCS 5/5‑402)(from Ch. 95 1/2, par. 5‑402) Sec. 5‑402. Use of Department of Revenue Uniform Invoice for vehicle. Every person licensed as a new vehicle dealer, as a used vehicle dealer, or as a motor vehicle financing affiliate shall issue a Uniform Invoice with respect to each transaction wherein he disposes of a vehicle, except that where, in the same transaction, a vehicle dealer transfers more than one vehicle to another vehicle dealer for the purpose of resale, such seller for resale may issue one Uniform Invoice to the purchaser covering all the vehicles involved in that transaction and may report the transfer of all the vehicles involved in that transaction to the Department on the same Uniform Invoice‑transaction reporting return form. Every person licensed as a rebuilder shall likewise issue a Uniform Invoice with respect to each transaction wherein he disposes of a rebuilt or restored vehicle. Such Uniform Invoice shall be the same document as the transaction reporting return referred to in Section 3 of the Retailers' Occupation Tax Act. Such Uniform Invoice shall contain complete financial details of the transaction in such form as shall be prescribed by the Department of Revenue. Such Uniform Invoice shall include an affidavit by both the seller and the buyer that any trade‑in title has been properly assigned from the buyer to the seller and that all information on the Uniform Invoice‑transaction reporting return is true and accurate. (Source: P.A. 91‑415, eff. 1‑1‑00.)
(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. (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
