Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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VEHICLES625 ILCS 5/5-105
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/5-105)
(from Ch. 95 1/2, par. 5-105)
Investigation of licensee required.
Every person seeking
a license under Chapter 5 of this Act, as part of the application process,
authorizes an investigation to determine if the applicant has ever been
convicted of a crime and if so, the disposition of those convictions. This
authorization shall indicate the scope of the inquiry and the agencies which
may be contacted. Upon this authorization the Secretary of State may request
and receive information and assistance from any Federal, State or local
governmental agency as part of the authorized investigation. The Department
of State Police shall provide information concerning
any criminal convictions
and their disposition brought against the applicant upon request of the
Secretary of State when the request is made in the form and manner required
by the Department of State Police. The information
derived from this
investigation, including the source of
this information, and any conclusions or recommendations derived from this
information by the Secretary of State shall be provided to the applicant
or his designee. Upon request to the Secretary of State prior to any final
action by the Secretary of State on the application, no information obtained
from such investigation may be placed in any automated information system.
Any criminal convictions and their disposition information
obtained by the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State, except
as required herein, and may not be transmitted to anyone within the Office
of the Secretary of State except as needed for the purpose of evaluating
All criminal convictions and their disposition and information obtained
by the Division of Investigation shall be destroyed no later than 60 days
after the Division of Investigation has made a final ruling on the application,
and all rights of appeal have expired and pending appeals have been completed.
The only physical identity materials which the applicant can be required
to provide the Secretary of State are photographs or fingerprints. Only
information and standards which bear a reasonable and rational relation
to the performance of a licensee shall be used by the Secretary of State.
The Secretary of State shall adopt rules and regulations for the administration
of this Section. Any employee of the Secretary of State who gives or causes
to be given away any confidential information concerning any criminal
and their disposition of an applicant shall be guilty of a Class A misdemeanor.
(Source: P.A. 84-25
625 ILCS 5/5-106
(625 ILCS 5/5-106)
(from Ch. 95 1/2, par. 5-106)
No person may keep open, operate, or assist in keeping open
or operating any established or additional place of business for the
purpose of buying, selling, bartering, exchanging, or leasing for a period
of 1 year or more, or offering for sale, barter, exchange, or lease for a
period of 1 year or more, any motor vehicle, whether new or used, on the
first day of the week, commonly called Sunday; provided, that this Section
does not apply to the opening of an established or additional place of
business on Sunday for the following purposes:
(1) to sell petroleum products, tires or repair parts
(2) to operate and conduct a motor vehicle repair
(3) to supply services for the washing, towing or
wrecking of motor vehicles;
(4) to participate in a trade show exhibition or
display exhibition by a dealer who has been granted a permit by the Secretary of State pursuant to Section 5-102.1 of this Article;
(5) to sell motorcycles, motor driven cycles,
motorized pedalcycles when offered for sale by a dealer licensed under Sections 5-101 and 5-102 to sell only such motor vehicles;
(6) to offer for sale manufactured housing;
(7) to sell self-contained motor homes, mini motor
homes, van campers and recreational trailers when offered for sale by a dealer at an established or additional place of business where only such vehicles are displayed or offered for sale. This exemption includes dealers with off site sales or trade show exhibition permits issued pursuant to subsection (d) of Section 5-102.1 of this Article.
(Source: P.A. 89-551, eff. 1-1-97.)
625 ILCS 5/5-107
(625 ILCS 5/5-107)
(from Ch. 95 1/2, par. 5-107)
The following persons shall be exempt from
the bond required
in Sections 5-101 and 5-102: (1) Any person who has been
licensed under Section 5-101 or 5-102 since calendar year
1983; (2) any licensee who as determined by the Secretary of State, has
faithfully and continuously complied with conditions of the bond
requirement for a period of 36 consecutive months.
This exemption shall continue for each licensee until such time as he may
be determined by the Secretary of State to be delinquent or deficient in
the transmittal of title and registration fees or taxes.
This amendatory Act of 1983 shall be applicable to the 1984 registration
year and thereafter.
A person whose license is cancelled due to the voluntary surrender of
such license, who applies for a new license for the same license year or
one license year after the license year of the cancelled license, will
remain exempt under paragraph (1) above if the only break in the continuous
licensure is caused by the cancellation due to the voluntary surrender of
(Source: P.A. 88-158; 88-520.)
625 ILCS 5/5-108
(625 ILCS 5/5-108)
(from Ch. 95 1/2, par. 5-108)
Vehicle Referral and Marketing Services.
Nothing in this
Code shall be construed to prohibit a credit union, as defined in the
Illinois Credit Union Act, a bank, as defined in the Illinois Banking Act,
or any firm, copartnership, association or corporation from advertising the
sale of motor vehicles by licensed dealers or advertising motor vehicle
purchase opportunities from licensed dealers, from referring potential
purchasers of motor vehicles to licensed dealers, or from soliciting
purchasers of motor vehicles for licensed dealers. However, any motor
vehicle sale resulting from those activities may only be consummated by a
dealer licensed under Section 5-101 or 5-102 of this Code.
(Source: P.A. 87-380.)