101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3197

 

Introduced 2/11/2020, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code. Defines "uniform invoice" as a form created by the Secretary of State for the purpose of transporting vehicles and essential parts that does not convey or transfer ownership rights of a vehicle from one entity to another. Provides that the Secretary may use any commercially available title history service to determine the proper title designation of a motor vehicle before the issuance of a certificate of title. Provides that a licensed seller who sells, transfers, or wholesales a vehicle out of State shall mail the certificate of title to the physical business address in the requisite jurisdiction in lieu of transferring title at the time of sale. Provides that a purchaser of a vehicle who obtains a security interest in a vehicle in good faith for value takes free of any undisclosed liens unless the purchaser has notice of such liens. Provides that the Secretary may remove a franchise affiliate's lien. Provides that a registration permit for 90 (instead of 30) days may be provided for a fee of $13. Provides that electric motorcycles are subject for additional fees for electric vehicles. Provides that vanity and personalized plates may be issued to owners of electric vehicles. Provides that certain military plates may be (i) transferred, upon death of the owner, to the surviving spouse; and (ii) reclassified without a replacement fee. Provides that "established place of business" only includes a place with an outdoor lot capable of parking at least 5 vehicles or an indoor lot with space for a minimum of one vehicle to be parked in its indoor showroom. Provides that applicants for certain licenses shall disclose the full name, address, and contact information of each of the applicant's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.


LRB101 16413 HEP 67408 b

 

 

A BILL FOR

 

SB3197LRB101 16413 HEP 67408 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 3-104, 3-104.5, 3-113, 3-202, 3-209, 3-403, 3-405.1,
63-506, 3-802, 3-805, 3-806.1, 3-806.5, 5-100, 5-101, 5-101.1,
75-101.2, 5-102, 5-102.8, and 5-301 and by adding Section
81-213.8 as follows:
 
9    (625 ILCS 5/1-213.8 new)
10    Sec. 1-213.8. Uniform Invoice. A form created by the
11Secretary for the purpose of transporting vehicles and
12essential parts that does not convey or transfer ownership
13rights of a vehicle from one entity to another.
 
14    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)
15    Sec. 3-104. Application for certificate of title.
16    (a) The application for a certificate of title for a
17vehicle in this State must be made by the owner to the
18Secretary of State on the form prescribed and must contain:
19        1. The name, Illinois residence, mail address, and, if
20    available, email address of the owner;
21        2. A description of the vehicle including, so far as
22    the following data exists: Its make, year-model,

 

 

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1    identifying number, type of body, whether new or used, as
2    to house trailers as defined in Section 1-128 of this Code,
3    and as to manufactured homes as defined in Section 1-144.03
4    of this Code, the square footage based upon the outside
5    dimensions excluding the length of the tongue and hitch,
6    and, as to vehicles of the second division, whether
7    for-hire, not-for-hire, or both for-hire and not-for-hire;
8        3. The date of purchase by applicant and, if
9    applicable, the name and address of the person from whom
10    the vehicle was acquired and the names and addresses of any
11    lienholders in the order of their priority and signatures
12    of owners;
13        4. The current odometer reading at the time of transfer
14    and that the stated odometer reading is one of the
15    following: actual mileage, not the actual mileage or
16    mileage is in excess of its mechanical limits; and
17        5. Any further information the Secretary of State
18    reasonably requires to identify the vehicle and to enable
19    him to determine whether the owner is entitled to a
20    certificate of title and the existence or nonexistence of
21    security interests in the vehicle.
22    (a-5) The Secretary of State shall designate on the
23prescribed application form a space where the owner of a
24vehicle may designate a beneficiary, to whom ownership of the
25vehicle shall pass in the event of the owner's death.
26    (b) If the application refers to a vehicle purchased from a

 

 

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1dealer, it must also be signed by the dealer as well as the
2owner, and the dealer must promptly mail or deliver the
3application and required documents to the Secretary of State.
4    (c) If the application refers to a vehicle last previously
5registered in another State or country, the application must
6contain or be accompanied by:
7        1. Any certified document of ownership so recognized
8    and issued by the other State or country and acceptable to
9    the Secretary of State, and
10        2. Any other information and documents the Secretary of
11    State reasonably requires to establish the ownership of the
12    vehicle and the existence or nonexistence of security
13    interests in it.
14    (d) If the application refers to a new vehicle it must be
15accompanied by the Manufacturer's Statement of Origin, or other
16documents as required and acceptable by the Secretary of State,
17with such assignments as may be necessary to show title in the
18applicant.
19    (e) If an application refers to a vehicle rebuilt from a
20vehicle previously salvaged, that application shall comply
21with the provisions set forth in Sections 3-302 through 3-304
22of this Code.
23    (f) An application for a certificate of title for any
24vehicle, whether purchased in Illinois or outside Illinois, and
25even if previously registered in another State, must be
26accompanied by either an exemption determination from the

 

 

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1Department of Revenue showing that no tax imposed pursuant to
2the Use Tax Act or the vehicle use tax imposed by Section
33-1001 of the Illinois Vehicle Code is owed by anyone with
4respect to that vehicle, or a receipt from the Department of
5Revenue showing that any tax so imposed has been paid. An
6application for a certificate of title for any vehicle
7purchased outside Illinois, even if previously registered in
8another state, must be accompanied by either an exemption
9determination from the Department of Revenue showing that no
10tax imposed pursuant to the Municipal Use Tax Act or the County
11Use Tax Act is owed by anyone with respect to that vehicle, or
12a receipt from the Department of Revenue showing that any tax
13so imposed has been paid. In the absence of such a receipt for
14payment or determination of exemption from the Department, no
15certificate of title shall be issued to the applicant.
16    If the proof of payment of the tax or of nonliability
17therefor is, after the issuance of the certificate of title and
18display certificate of title, found to be invalid, the
19Secretary of State shall revoke the certificate and require
20that the certificate of title and, when applicable, the display
21certificate of title be returned to him.
22    (g) If the application refers to a vehicle not manufactured
23in accordance with federal safety and emission standards, the
24application must be accompanied by all documents required by
25federal governmental agencies to meet their standards before a
26vehicle is allowed to be issued title and registration.

 

 

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1    (h) If the application refers to a vehicle sold at public
2sale by a sheriff, it must be accompanied by the required fee
3and a bill of sale issued and signed by a sheriff. The bill of
4sale must identify the new owner's name and address, the year
5model, make and vehicle identification number of the vehicle,
6court order document number authorizing such sale, if
7applicable, and the name and address of any lienholders in
8order of priority, if applicable.
9    (i) If the application refers to a vehicle for which a
10court of law determined the ownership, it must be accompanied
11with a certified copy of such court order and the required fee.
12The court order must indicate the new owner's name and address,
13the complete description of the vehicle, if known, the name and
14address of the lienholder, if any, and must be signed and dated
15by the judge issuing such order.
16    (j) If the application refers to a vehicle sold at public
17auction pursuant to the Labor and Storage Lien (Small Amount)
18Act, it must be accompanied by an affidavit or affirmation
19furnished by the Secretary of State along with the documents
20described in the affidavit or affirmation and the required fee.
21    (k) The Secretary may provide an expedited process for the
22issuance of vehicle titles. Expedited title applications must
23be delivered to the Secretary of State's Vehicle Services
24Department in Springfield by express mail service or hand
25delivery. Applications must be complete, including necessary
26forms, fees, and taxes. Applications received before noon on a

 

 

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1business day will be processed and shipped that same day.
2Applications received after noon on a business day will be
3processed and shipped the next business day. The Secretary
4shall charge an additional fee of $30 for this service, and
5that fee shall cover the cost of return shipping via an express
6mail service. All fees collected by the Secretary of State for
7expedited services shall be deposited into the Motor Vehicle
8License Plate Fund. In the event the Vehicle Services
9Department determines that the volume of expedited title
10requests received on a given day exceeds the ability of the
11Vehicle Services Department to process those requests in an
12expedited manner, the Vehicle Services Department may decline
13to provide expedited services, and the additional fee for the
14expedited service shall be refunded to the applicant.
15    (l) If the application refers to a homemade trailer, (i) it
16must be accompanied by the appropriate documentation regarding
17the source of materials used in the construction of the
18trailer, as required by the Secretary of State, (ii) the
19trailer must be inspected by a Secretary of State employee
20prior to the issuance of the title, and (iii) upon approval of
21the Secretary of State, the trailer must have a vehicle
22identification number, as provided by the Secretary of State,
23stamped or riveted to the frame.
24    (m) The holder of a Manufacturer's Statement of Origin to a
25manufactured home may deliver it to any person to facilitate
26conveying or encumbering the manufactured home. Any person

 

 

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1receiving any such Manufacturer's Statement of Origin so
2delivered holds it in trust for the person delivering it.
3    (n) Within 45 days after the completion of the first retail
4sale of a manufactured home, the Manufacturer's Statement of
5Origin to that manufactured home must be surrendered to the
6Secretary of State either in conjunction with an application
7for a certificate of title for that manufactured home or in
8accordance with Section 3-116.1.
9    (o) Each application for certificate of title for a motor
10vehicle shall be verified by the National Motor Vehicle Title
11Information System (NMVTIS) for a vehicle history report prior
12to the Secretary issuing a certificate of title.
13    (p) The Secretary, at the Secretary's discretion, may use
14any commercially available title history service to determine
15the proper title designation of a motor vehicle before the
16issuance of a certificate of title.
17(Source: P.A. 99-414, eff. 8-20-15; 100-145, eff. 1-1-18.)
 
18    (625 ILCS 5/3-104.5)
19    Sec. 3-104.5. Application NMVTIS warnings or errors.
20    (a) Each application for a certificate of title or a
21salvage certificate for a motor vehicle that is verified by the
22National Motor Vehicle Title Information System (NMVTIS) that
23is returned with a warning or error shall be reviewed by the
24Secretary of State, or his or her designees, as to whether the
25warning or error warrants a change to the type of title or

 

 

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1brand that is issued to a motor vehicle. If the Secretary needs
2supplemental information to verify or corroborate the
3information received from a NMVTIS report, then the Secretary
4may use any available commercial title history services or
5other Secretary of State resources to assist in determining the
6vehicle's proper designation.
7    (b) Any motor vehicle application for a certificate of
8title or a salvage certificate that another state has
9previously issued a title or brand indicating that the status
10of the motor vehicle is equivalent to a junk vehicle, as
11defined in Section 1-134.1 of this Code, shall receive a title
12with a "prior out of state junk" brand if that history item was
13issued 120 months or more before the date of the submission of
14the current application for title.
15    (c) Any motor vehicle application for a certificate of
16title or a salvage certificate that is returned with a NMVTIS
17warning or error indicating that another state has previously
18issued a title or brand indicating the status of the motor
19vehicle is equivalent to a junk vehicle, as defined in Section
201-134.1 of this Code, shall be issued a junk certificate that
21reflects the motor vehicle's structural history, if the
22previously issued title or brand from another state was issued
23less than 120 months before the date of the submission of the
24current application for title.
25    (d) Any motor vehicle application for a certificate of
26title or a salvage certificate that is returned with a NMVTIS

 

 

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1warning or error indicating a brand or label from another
2jurisdiction, that does not have a similar or comparable brand
3or label in this State, shall include a notation or brand on
4the certificate of title stating "previously branded".
5    (e) Any motor vehicle that is subject to the federal Truth
6in Mileage Act, and is returned with a NMVTIS warning or error
7indicating the stated mileage of the vehicle on the application
8for certificate of title is 1,500 or fewer miles less than a
9previously recorded mileage for the vehicle, shall be deemed as
10having an acceptable margin of error and the higher of the 2
11figures shall be indicated on the new certificate of title, if
12the previous mileage was recorded within 90 days of the date of
13the current application for title and if there are no
14indications of fraud or malfeasance, or of altering or
15tampering with the odometer.
16    (f) Any applicant for a certificate of title or a salvage
17certificate who receives an alternative salvage or junk
18certificate, or who receives a certificate of title with a
19brand or label indicating the vehicle was previously rebuilt
20prior out of state junk, previously branded, or flood, may
21contest the Secretary's designations by requesting an
22administrative hearing under Section 2-116 of this Code.
23    (g) The Secretary may adopt any rules necessary to
24implement this Section.
25    (h) The Secretary, in the Secretary's discretion, may use
26any commercially available title history service to determine

 

 

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1the proper title designation of a motor vehicle before the
2issuance of a certificate of title.
3(Source: P.A. 99-414, eff. 8-20-15.)
 
4    (625 ILCS 5/3-113)  (from Ch. 95 1/2, par. 3-113)
5    Sec. 3-113. Transfer to or from dealer; records.
6    (a) After a dealer buys a vehicle and holds it for resale,
7the dealer must procure the certificate of title from the owner
8or the lienholder. The dealer may hold the certificate until he
9or she transfers the vehicle to another person. Upon
10transferring the vehicle to another person, the dealer shall
11promptly and within 20 days execute the assignment and warranty
12of title by a dealer, showing the names and addresses of the
13transferee and of any lienholder holding a security interest
14created or reserved at the time of the resale, in the spaces
15provided therefor on the certificate or as the Secretary of
16State prescribes, and mail or deliver the certificate to the
17Secretary of State with the transferee's application for a new
18certificate, except as provided in Section 3-117.2. A dealer
19has complied with this Section if the date of the mailing of
20the certificate, as indicated by the postmark, is within 20
21days of the date on which the vehicle was transferred to
22another person.
23    (b) The Secretary of State may decline to process any
24application for a transfer of an interest in a vehicle if any
25fees or taxes due under this Code from the transferor or the

 

 

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1transferee have not been paid upon reasonable notice and
2demand.
3    (c) Any person who violates this Section shall be guilty of
4a petty offense.
5    (d) Beginning January 1, 2014, the Secretary of State is
6authorized to impose a delinquent vehicle dealer transfer fee
7of $20 if the certificate of title is received by the Secretary
8from the dealer 30 days but less than 60 days after the date of
9sale. If the certificate of title is received by the Secretary
10from the dealer 60 days but less than 90 days after the date of
11sale, the delinquent dealer transfer fee shall be $35. If the
12certificate of title is received by the Secretary from the
13dealer 90 days but less than 120 days after the date of sale,
14the delinquent vehicle dealer transfer fee shall be $65. If the
15certificate of title is received by the Secretary from the
16dealer 120 days or more after the date of the sale, the
17delinquent vehicle dealer transfer fee shall be $100. All
18monies collected under this subsection shall be deposited into
19the CDLIS/AAMVAnet/NMVTIS Trust Fund.
20    (e) Any licensee under Chapter 5 who sells, transfers, or
21wholesales a vehicle out of State shall mail the certificate of
22title to the physical business address in the requisite
23jurisdiction in lieu of transferring title at the time of sale.
24(Source: P.A. 98-177, eff. 1-1-14.)
 
25    (625 ILCS 5/3-202)  (from Ch. 95 1/2, par. 3-202)

 

 

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1    Sec. 3-202. Perfection of security interest.
2    (a) Unless excepted by Section 3-201, a security interest
3in a vehicle of a type for which a certificate of title is
4required is not valid against subsequent transferees or
5lienholders of the vehicle unless perfected as provided in this
6Act. A purchase money security interest in a manufactured home
7is perfected against the rights of judicial lien creditors and
8execution creditors on and after the date such purchase money
9security interest attaches.
10    (b) A security interest is perfected by the delivery to the
11Secretary of State of the existing certificate of title, if
12any, an application for a certificate of title containing the
13name and address of the lienholder and the required fee. The
14security interest is perfected as of the time of its creation
15if the delivery to the Secretary of State is completed within
1630 days after the creation of the security interest or receipt
17by the new lienholder of the existing certificate of title from
18a prior lienholder or licensed dealer, otherwise as of the time
19of the delivery.
20    (c) If a vehicle is subject to a security interest when
21brought into this State, the validity of the security interest
22is determined by the law of the jurisdiction where the vehicle
23was when the security interest attached, subject to the
24following:
25        1. If the parties understood at the time the security
26    interest attached that the vehicle would be kept in this

 

 

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1    State and it was brought into this State within 30 days
2    thereafter for purposes other than transportation through
3    this State, the validity of the security interest in this
4    State is determined by the law of this State.
5        2. If the security interest was perfected under the law
6    of the jurisdiction where the vehicle was when the security
7    interest attached, the following rules apply:
8            (A) If the name of the lienholder is shown on an
9        existing certificate of title issued by that
10        jurisdiction, his security interest continues
11        perfected in this State.
12            (B) If the name of the lienholder is not shown on
13        an existing certificate of title issued by that
14        jurisdiction, a security interest may be perfected by
15        the lienholder delivering to the Secretary of State the
16        prescribed notice and by payment of the required fee.
17        Such security interest is perfected as of the time of
18        delivery of the prescribed notice and payment of the
19        required fee.
20        3. If the security interest was not perfected under the
21    law of the jurisdiction where the vehicle was when the
22    security interest attached, it may be perfected in this
23    State; in that case perfection dates from the time of
24    perfection in this State.
25        4. A security interest may be perfected under paragraph
26    3 of this subsection either as provided in subsection (b)

 

 

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1    or by the lienholder delivering to the Secretary of State a
2    notice of security interest in the form the Secretary of
3    State prescribes and the required fee.
4    (d) Except as otherwise provided in Sections 3-116.1,
53-116.2, 3-207, and the Conveyance and Encumbrance of
6Manufactured Homes as Real Property and Severance Act, after a
7certificate of title has been issued for a manufactured home
8and as long as the manufactured home is subject to any security
9interest perfected pursuant to this Section, the Secretary of
10State shall not file an affidavit of affixation, nor cancel the
11Manufacturer's Statement of Origin, nor revoke the certificate
12of title, nor issue a certificate of title under Section 3-106,
13and, in any event, the validity and priority of any security
14interest perfected pursuant to this Section shall continue,
15notwithstanding the provision of any other law.
16    (e) A purchaser of a vehicle in this State who obtains a
17security interest in a vehicle in good faith for value takes
18free of any undisclosed liens unless the purchaser has notice
19of such liens. Upon the perfection of such a security interest,
20the Secretary shall invalidate the undisclosed lienholder's
21interest in the vehicle subject to an investigation by the
22Secretary of State Department of Police.
23(Source: P.A. 98-749, eff. 7-16-14.)
 
24    (625 ILCS 5/3-209)  (from Ch. 95 1/2, par. 3-209)
25    Sec. 3-209. Powers of Secretary of State.

 

 

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1    (a) The Secretary of State shall prescribe and provide
2suitable forms of applications, certificates of title, notices
3of security interests, and all other notices and forms
4necessary to carry out the provisions of this chapter.
5    (b) The Secretary of State may:
6    1. Make necessary investigations to procure information
7required to carry out the provisions of this Act. ;
8    2. Assign a new identifying number to a vehicle if it has
9none, or its identifying number is destroyed or obliterated, or
10its motor is changed, and shall either issue a new certificate
11of title showing the new identifying number or make an
12appropriate endorsement on the original certificate.
13    3. Remove a franchise affiliate's lien so that the
14franchise affiliate may pursue the balance of the lien with the
15defunct dealership instead of the constituent. This item
16applies if a franchise dealer neglects to pay off a trade-in
17vehicle's lien, and that lien is held by the franchise
18affiliate. The Secretary shall make this determination
19pursuant to an investigation by the Secretary of State
20Department of Police.
21(Source: P.A. 76-1586.)
 
22    (625 ILCS 5/3-403)  (from Ch. 95 1/2, par. 3-403)
23    Sec. 3-403. Trip and Short-term permits.
24    (a) The Secretary of State may issue a short-term permit to
25operate a nonregistered first or second division vehicle within

 

 

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1the State of Illinois for a period of not more than 7 days. Any
2second division vehicle operating on such permit may operate
3only on empty weight. The fee for the short-term permit shall
4be $6 for permits purchased on or before June 30, 2003 and $10
5for permits purchased on or after July 1, 2003. For short-term
6permits purchased on or after July 1, 2003, $4 of the fee
7collected for the purchase of each permit shall be deposited
8into the General Revenue Fund.
9    This permit may also be issued to operate an unladen
10registered vehicle which is suspended under the Vehicle
11Emissions Inspection Law and allow it to be driven on the roads
12and highways of the State in order to be repaired or when
13travelling to and from an emissions inspection station.
14    (b) The Secretary of State may, subject to reciprocal
15agreements, arrangements or declarations made or entered into
16pursuant to Section 3-402, 3-402.4 or by rule, provide for and
17issue registration permits for the use of Illinois highways by
18vehicles of the second division on an occasional basis or for a
19specific and special short-term use, in compliance with rules
20and regulations promulgated by the Secretary of State, and upon
21payment of the prescribed fee as follows:
22    One-trip permits. A registration permit for one trip, or
23one round-trip into and out of Illinois, for a period not to
24exceed 72 consecutive hours or 3 calendar days may be provided,
25for a fee as prescribed in Section 3-811.
26    Three-month One-Month permits. A registration permit for

 

 

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190 30 days may be provided for a fee of $13 for registration
2plus 1/10 of the flat weight tax. The minimum fee for such
3permit shall be $31.
4    In-transit permits. A registration permit for one trip may
5be provided for vehicles in transit by the driveaway or towaway
6method and operated by a transporter in compliance with the
7Illinois Motor Carrier of Property Law, for a fee as prescribed
8in Section 3-811.
9    Illinois Temporary Apportionment Authorization Permits. An
10apportionment authorization permit for forty-five days for the
11immediate operation of a vehicle upon application for and prior
12to receiving apportioned credentials or interstate credentials
13from the State of Illinois. The fee for such permit shall be
14$3.
15    Illinois Temporary Prorate Authorization Permit. A prorate
16authorization permit for forty-five days for the immediate
17operation of a vehicle upon application for and prior to
18receiving prorate credentials or interstate credentials from
19the State of Illinois. The fee for such permit shall be $3.
20    (c) The Secretary of State shall promulgate by such rule or
21regulation, schedules of fees and taxes for such permits and in
22computing the amount or amounts due, may round off such amount
23to the nearest full dollar amount.
24    (d) The Secretary of State shall further prescribe the form
25of application and permit and may require such information and
26data as necessary and proper, including confirming the status

 

 

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1or identity of the applicant and the vehicle in question.
2    (e) Rules or regulations promulgated by the Secretary of
3State under this Section shall provide for reasonable and
4proper limitations and restrictions governing the application
5for and issuance and use of permits, and shall provide for the
6number of permits per vehicle or per applicant, so as to
7preclude evasion of annual registration requirements as may be
8required by this Act.
9    (f) Any permit under this Section is subject to suspension
10or revocation under this Act, and in addition, any such permit
11is subject to suspension or revocation should the Secretary of
12State determine that the vehicle identified in any permit
13should be properly registered in Illinois. In the event any
14such permit is suspended or revoked, the permit is then null
15and void, may not be re-instated, nor is a refund therefor
16available. The vehicle identified in such permit may not
17thereafter be operated in Illinois without being properly
18registered as provided in this Chapter.
19(Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)
 
20    (625 ILCS 5/3-405.1)  (from Ch. 95 1/2, par. 3-405.1)
21    Sec. 3-405.1. Application for vanity and personalized
22license plates.
23    (a) Vanity license plates mean any license plates, assigned
24to a passenger motor vehicle of the first division, to a motor
25vehicle of the second division registered at not more than

 

 

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18,000 pounds, to a trailer weighing 8,000 pounds or less paying
2the flat weight tax, to a funeral home vehicle, an electric
3vehicle, or to a recreational vehicle, which display a
4registration number containing 1 to 7 letters and no numbers or
51, 2, or 3 numbers and no letters as requested by the owner of
6the vehicle and license plates issued to retired members of
7Congress under Section 3-610.1 or to retired members of the
8General Assembly as provided in Section 3-606.1. Personalized
9license plates mean any license plates, assigned to a passenger
10motor vehicle of the first division, to a motor vehicle of the
11second division registered at not more than 8,000 pounds, to a
12trailer weighing 8,000 pounds or less paying the flat weight
13tax, to a funeral home vehicle, an electric vehicle, or to a
14recreational vehicle, which display a registration number
15containing one of the following combinations of letters and
16numbers, as requested by the owner of the vehicle:
 
17    Standard Passenger Plates
18    First Division Vehicles
 
19    1 letter plus 0-99
20    2 letters plus 0-99
21    3 letters plus 0-99
22    4 letters plus 0-99
23    5 letters plus 0-99
24    6 letters plus 0-9
 
 

 

 

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1    Second Division Vehicles
2    8,000 pounds or less, Trailers
3    8,000 pounds or less paying the flat
4    weight tax, and Recreation Vehicles
 
5    0-999 plus 1 letter
6    0-999 plus 2 letters
7    0-999 plus 3 letters
8    0-99 plus 4 letters
9    0-9 plus 5 letters
10    (b) For any registration period commencing after December
1131, 2003, any person who is the registered owner of a passenger
12motor vehicle of the first division, of a motor vehicle of the
13second division registered at not more than 8,000 pounds, of a
14trailer weighing 8,000 pounds or less paying the flat weight
15tax, of a funeral home vehicle, of an electric vehicle, or of a
16recreational vehicle registered with the Secretary of State or
17who makes application for an original registration of such a
18motor vehicle or renewal registration of such a motor vehicle
19may, upon payment of a fee prescribed in Section 3-806.1 or
20Section 3-806.5, apply to the Secretary of State for vanity or
21personalized license plates.
22    (c) Except as otherwise provided in this Chapter 3, vanity
23and personalized license plates as issued under this Section

 

 

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1shall be the same color and design as other passenger vehicle
2license plates or electric vehicle license plates and shall not
3in any manner conflict with any other existing passenger,
4commercial, trailer, motorcycle, or special license plate
5series. However, special registration plates issued under
6Sections 3-611 and 3-616 for vehicles operated by or for
7persons with disabilities may also be vanity or personalized
8license plates.
9    (d) Vanity and personalized license plates shall be issued
10only to the registered owner of the vehicle on which they are
11to be displayed, except as provided in Sections 3-611 and 3-616
12for special registration plates for vehicles operated by or for
13persons with disabilities.
14    (e) An applicant for the issuance of vanity or personalized
15license plates or subsequent renewal thereof shall file an
16application in such form and manner and by such date as the
17Secretary of State may, in his discretion, require.
18    No vanity nor personalized license plates shall be
19approved, manufactured, or distributed that contain any
20characters, symbols other than the international accessibility
21symbol for vehicles operated by or for persons with
22disabilities, foreign words, or letters of punctuation.
23    (f) Vanity and personalized license plates as issued
24pursuant to this Act may be subject to the Staggered
25Registration System as prescribed by the Secretary of State.
26    (g) For purposes of this Section, "funeral home vehicle"

 

 

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1means any motor vehicle of the first division or motor vehicle
2of the second division weighing 8,000 pounds or less that is
3owned or leased by a funeral home.
4    (h) As used in this Section, "electric vehicle" means any
5vehicle that is required to be registered under Section 3-805.
6(Source: P.A. 100-956, eff. 1-1-19.)
 
7    (625 ILCS 5/3-506)
8    Sec. 3-506. Transfer of plates to spouses of military
9service members. Upon the death of a military service member
10who has been issued a special plate under Section 3-609.1,
113-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638,
123-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669,
133-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698,
143-699.12, 3-699.15, 3-699.16, or 3-699.17, 3-699.19, or
153-699.20 of this Code, the surviving spouse of that service
16member may retain the plate so long as that spouse is a
17resident of Illinois and transfers the registration to his or
18her name within 180 days of the death of the service member.
19    For the purposes of this Section, "service member" means
20any individual who is serving or has served in any branch of
21the United States Armed Forces, including the National Guard or
22other reserve components of the Armed Forces, and has been
23issued a special plate listed in this Section.
24(Source: P.A. 100-201, eff. 8-18-17; 101-51, eff. 7-12-19.)
 

 

 

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1    (625 ILCS 5/3-802)  (from Ch. 95 1/2, par. 3-802)
2    Sec. 3-802. Reclassifications and upgrades.
3    (a) Definitions. For the purposes of this Section, the
4following words shall have the meanings ascribed to them as
5follows:
6        "Reclassification" means changing the registration of
7    a vehicle from one plate category to another.
8        "Upgrade" means increasing the registered weight of a
9    vehicle within the same plate category.
10    (b) When reclassing the registration of a vehicle from one
11plate category to another, the owner shall receive credit for
12the unused portion of the present plate and be charged the
13current portion fees for the new plate. In addition, the
14appropriate replacement plate and replacement sticker fees
15shall be assessed.
16    (b-5) Beginning with the 2019 registration year, any
17individual who has a registration issued under either Section
183-405 or 3-405.1 that qualifies for a special license plate
19under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623,
203-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
213-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680,
223-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.15,
233-699.16, 3-699.17, 3-699.19 or 3-699.20 or 3-699.17 may
24reclass his or her registration upon acquiring a special
25license plate listed in this subsection (b-5) without a
26replacement plate or digital plate fee or registration sticker

 

 

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1or digital registration sticker cost.
2    (b-10) Beginning with the 2019 registration year, any
3individual who has a special license plate issued under Section
43-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625,
53-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664,
63-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683,
73-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 may reclass
8his or her special license plate upon acquiring a new
9registration under Section 3-405 or 3-405.1 without a
10replacement plate or digital plate fee or registration sticker
11or digital registration sticker cost.
12    (c) When upgrading the weight of a registration within the
13same plate category, the owner shall pay the difference in
14current period fees between the 2 two plates. In addition, the
15appropriate replacement plate and replacement sticker fees
16shall be assessed. In the event new plates are not required,
17the corrected registration card fee shall be assessed.
18    (d) In the event the owner of the vehicle desires to change
19the registered weight and change the plate category, the owner
20shall receive credit for the unused portion of the registration
21fee of the current plate and pay the current portion of the
22registration fee for the new plate, and in addition, pay the
23appropriate replacement plate and replacement sticker fees.
24    (e) Reclassing from one plate category to another plate
25category can be done only once within any registration period.
26    (f) No refunds shall be made in any of the circumstances

 

 

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1found in subsection (b), subsection (c), or subsection (d);
2however, when reclassing from a flat weight plate to an
3apportioned plate, a refund may be issued if the credit amounts
4to an overpayment.
5    (g) In the event the registration of a vehicle registered
6under the mileage tax option is revoked, the owner shall be
7required to pay the annual registration fee in the new plate
8category and shall not receive any credit for the mileage plate
9fees.
10    (h) Certain special interest plates may be displayed on
11first division vehicles, second division vehicles weighing
128,000 pounds or less, and recreational vehicles. Those plates
13can be transferred within those vehicle groups.
14    (i) Plates displayed on second division vehicles weighing
158,000 pounds or less and passenger vehicle plates may be
16reclassed from one division to the other.
17    (j) Other than in subsection (i), reclassing from one
18division to the other division is prohibited. In addition, a
19reclass from a motor vehicle to a trailer or a trailer to a
20motor vehicle is prohibited.
21(Source: P.A. 100-246, eff. 1-1-18; 100-450, eff. 1-1-18;
22100-863, eff. 8-14-18; 101-51, eff. 7-12-19; 101-395, eff.
238-16-19; revised 9-24-19.)
 
24    (625 ILCS 5/3-805)  (from Ch. 95 1/2, par. 3-805)
25    Sec. 3-805. Electric vehicles. The Until January 1, 2020,

 

 

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1the owner of a motor vehicle of the first division, a
2motorcycle, or a motor vehicle of the second division weighing
38,000 pounds or less propelled by an electric engine and not
4utilizing motor fuel, may register such vehicle for a fee not
5to exceed $35 for a 2-year registration period. The Secretary
6may, in his discretion, prescribe that electric vehicle
7registration plates be issued for an indefinite term, such term
8to correspond to the term of registration plates issued
9generally, as provided in Section 3-414.1. In no event may the
10registration fee for electric vehicles exceed $18 per
11registration year. Beginning on January 1, 2020, the
12registration fee for these vehicles shall be equal to the fee
13set forth in Section 3-806 for motor vehicles of the first
14division, other than Autocycles, Motorcycles, Motor Driven
15Cycles, and Pedalcycles. In addition to the registration fees,
16the Secretary shall assess an additional $100 per year in lieu
17of the payment of motor fuel taxes. $1 of the additional fees
18shall be deposited into the Secretary of State Special Services
19Fund and the remainder of the additional fees shall be
20deposited into the Road Fund. The Secretary, in the Secretary's
21discretion, may prescribe that electric vehicle registration
22plates be issued for an indefinite term, such term to
23correspond to the term of registration plates issued generally,
24as provided in Section 3-414.1.
25(Source: P.A. 101-32, eff. 6-28-19.)
 

 

 

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1    (625 ILCS 5/3-806.1)  (from Ch. 95 1/2, par. 3-806.1)
2    Sec. 3-806.1. Additional fees for vanity license plates. In
3addition to the regular registration fee or electric vehicle
4registration fee, an applicant for a vanity license plate,
5other than a vanity plate in any military series or a vanity
6plate issued under Section 3-664, shall be charged $94 for each
7set of vanity license plates issued to a vehicle of the first
8division or a vehicle of the second division registered at not
9more than 8,000 pounds or to a recreational vehicle and $50 for
10each set of vanity plates issued to an autocycle or motorcycle.
11In addition to the regular renewal fee or electric vehicle
12registration renewal fee, an applicant for a vanity plate,
13other than a vanity plate in any military series or a vanity
14plate issued under Section 3-664, shall be charged $13 for the
15renewal of each set of vanity license plates. There shall be no
16additional fees for a vanity license plate in any military
17series of plates or a vanity plate issued under Section 3-664.
18(Source: P.A. 98-777, eff. 1-1-15.)
 
19    (625 ILCS 5/3-806.5)
20    Sec. 3-806.5. Additional fees for personalized license
21plates. For registration periods commencing after December 31,
222003, in addition to the regular registration fee or electric
23vehicle registration fee, an applicant for a personalized
24license plate, other than a personalized plate in any military
25series or a personalized plate issued under Section 3-664,

 

 

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1shall be charged $47 for each set of personalized license
2plates issued to a vehicle of the first division or a vehicle
3of the second division registered at not more than 8,000 pounds
4or to a recreational vehicle and $25 for each set of
5personalized plates issued to an autocycle or motorcycle. In
6addition to the regular renewal fee or electric vehicle
7registration renewal fee, an applicant for a personalized plate
8other than a personalized plate in any military series or a
9personalized plate issued under Section 3-664, shall be charged
10$7 for the renewal of each set of personalized license plates.
11There shall be no additional fees charged for a personalized
12plate in any military series of plates or a personalized plate
13issued under Section 3-664. Of the money received by the
14Secretary of State as additional fees for personalized license
15plates, 50% shall be deposited into the Secretary of State
16Special License Plate Fund and 50% shall be deposited into the
17General Revenue Fund.
18(Source: P.A. 98-777, eff. 1-1-15.)
 
19    (625 ILCS 5/5-100)  (from Ch. 95 1/2, par. 5-100)
20    Sec. 5-100. Definitions. For the purposes of this Chapter,
21the following words shall have the meanings ascribed to them as
22follows:
23    "Additional place of business" means a place owned or
24leased and occupied by the dealer in addition to its
25established place of business, at which the dealer conducts or

 

 

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1intends to conduct business on a permanent or long term basis.
2The term does not include an area where an off site sale or
3exhibition is conducted. The Secretary of State shall adopt
4guidelines for the administration and enforcement of this
5definition by rule.
6    "Display exhibition" means a temporary display of vehicles
7by a dealer licensed under Section 5-101 or 5-102, at a
8location at which no vehicles are offered for sale, that is
9conducted at a place other than the dealer's established and
10additional places of business.
11    "Established place of business" means the place owned or
12leased and occupied by any person duly licensed or required to
13be licensed as a dealer for the purpose of engaging in selling,
14buying, bartering, displaying, exchanging or dealing in, on
15consignment or otherwise, vehicles and their essential parts
16and for such other ancillary purposes as may be permitted by
17the Secretary by rule. It shall include an office in which the
18dealer's records shall be separate and distinct from any other
19business or tenant which may occupy space in the same building
20except as provided in Section 5-101.1. This office shall not be
21located in a house trailer, residence, tent, temporary stand,
22temporary address, room or rooms in a hotel or rooming house,
23nor the premises occupied by a single or multiple unit
24residence. "Established place of business" only includes a
25place with an outdoor lot capable of parking at least 5
26vehicles or an indoor lot with space for a minimum of one

 

 

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1vehicle to be parked in its indoor showroom. The established
2place of business of a scrap processor shall be the fixed
3location where the scrap processor maintains its principal
4place of business. The Secretary of State shall, by rule and
5regulation, adopt guidelines for the administration and
6enforcement of this definition, such as, but not limited to
7issues concerning the required hours of operation, describing
8where vehicles are displayed and offered for sale, where books
9and records are maintained and requirements for the fulfillment
10of warranties. A dealer may have an additional place of
11business as defined under this Section.
12    "Motor vehicle financing affiliate" means a business
13organization registered to do business in Illinois that,
14pursuant to a written contract with either (1) a single new or
15used motor vehicle dealer or (2) a single group of new or used
16motor vehicle dealers that share a common ownership within the
17group, purchases new or used motor vehicles on behalf of the
18dealer or group of dealers and then sells, transfers, or
19assigns those motor vehicles to the dealer or group of dealers.
20The motor vehicle financing affiliate must be incorporated or
21organized solely to purchase new or used vehicles on behalf of
22the new or used motor vehicle dealer or group of dealers with
23which it has contracted, shall not sell motor vehicles at
24retail, shall perform only those business functions related to
25the purchasing of motor vehicles and selling, transferring, or
26assigning those motor vehicles to the dealer or group of

 

 

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1dealers. The motor vehicle financing affiliate must be licensed
2under the provisions of Section 5-101.1 and must not be
3licensed as a new or used motor vehicle dealer.
4    "Off site sale" means the temporary display and sale of
5vehicles, for a period of not more than 7 calendar days
6(excluding Sundays), by a dealer licensed under Section 5-101
7or 5-102 at a place other than the dealer's established and
8additional places of business.
9    "Relevant market area", for a new vehicle dealer licensed
10under Section 5-101 and for a used vehicle dealer licensed
11under Section 5-102, means the area within 10 miles of the
12established or additional place of business of the dealer
13located in a county with a population of 300,000 or more, or
14within 15 miles if the established place of business is located
15in a county with a population of less than 300,000.
16    "Trade show exhibition" means a temporary display of
17vehicles, by dealers licensed under Section 5-101 or 5-102, or
18any other person as defined in subsection (c) of Section
195-102.1, at a location at which no vehicles are offered for
20sale that is conducted at a place other than the dealer's
21established and additional places of business. In order for a
22display exhibition to be considered a trade show exhibition, it
23must be participated in by at least 3 dealers, 2 of which must
24be licensed under Section 5-101 or 5-102; and a trade show
25exhibition of new vehicles shall only be participated in by
26licensed new vehicle dealers at least 2 of which must be

 

 

SB3197- 32 -LRB101 16413 HEP 67408 b

1licensed under Section 5-101.
2(Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)
 
3    (625 ILCS 5/5-101)  (from Ch. 95 1/2, par. 5-101)
4    Sec. 5-101. New vehicle dealers must be licensed.
5    (a) No person shall engage in this State in the business of
6selling or dealing in, on consignment or otherwise, new
7vehicles of any make, or act as an intermediary or agent or
8broker for any licensed dealer or vehicle purchaser other than
9as a salesperson, or represent or advertise that he is so
10engaged or intends to so engage in such business unless
11licensed to do so in writing by the Secretary of State under
12the provisions of this Section.
13    (b) An application for a new vehicle dealer's license shall
14be filed with the Secretary of State, duly verified by oath, on
15such form as the Secretary of State may by rule or regulation
16prescribe and shall contain:
17        1. The name and type of business organization of the
18    applicant and his established and additional places of
19    business, if any, in this State.
20        2. If the applicant is a corporation, a list of its
21    officers, directors, and shareholders having a ten percent
22    or greater ownership interest in the corporation, setting
23    forth the residence address of each; if the applicant is a
24    sole proprietorship, a partnership, an unincorporated
25    association, a trust, or any similar form of business

 

 

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1    organization, the name and residence address of the
2    proprietor or of each partner, member, officer, director,
3    trustee, or manager.
4        3. The make or makes of new vehicles which the
5    applicant will offer for sale at retail in this State.
6        4. The name of each manufacturer or franchised
7    distributor, if any, of new vehicles with whom the
8    applicant has contracted for the sale of such new vehicles.
9    As evidence of this fact, the application shall be
10    accompanied by a signed statement from each such
11    manufacturer or franchised distributor. If the applicant
12    is in the business of offering for sale new conversion
13    vehicles, trucks or vans, except for trucks modified to
14    serve a special purpose which includes but is not limited
15    to the following vehicles: street sweepers, fertilizer
16    spreaders, emergency vehicles, implements of husbandry or
17    maintenance type vehicles, he must furnish evidence of a
18    sales and service agreement from both the chassis
19    manufacturer and second stage manufacturer.
20        5. A statement that the applicant has been approved for
21    registration under the Retailers' Occupation Tax Act by the
22    Department of Revenue: Provided that this requirement does
23    not apply to a dealer who is already licensed hereunder
24    with the Secretary of State, and who is merely applying for
25    a renewal of his license. As evidence of this fact, the
26    application shall be accompanied by a certification from

 

 

SB3197- 34 -LRB101 16413 HEP 67408 b

1    the Department of Revenue showing that that Department has
2    approved the applicant for registration under the
3    Retailers' Occupation Tax Act.
4        6. A statement that the applicant has complied with the
5    appropriate liability insurance requirement. A Certificate
6    of Insurance in a solvent company authorized to do business
7    in the State of Illinois shall be included with each
8    application covering each location at which he proposes to
9    act as a new vehicle dealer. The policy must provide
10    liability coverage in the minimum amounts of $100,000 for
11    bodily injury to, or death of, any person, $300,000 for
12    bodily injury to, or death of, two or more persons in any
13    one accident, and $50,000 for damage to property. Such
14    policy shall expire not sooner than December 31 of the year
15    for which the license was issued or renewed. The expiration
16    of the insurance policy shall not terminate the liability
17    under the policy arising during the period for which the
18    policy was filed. Trailer and mobile home dealers are
19    exempt from this requirement.
20        If the permitted user has a liability insurance policy
21    that provides automobile liability insurance coverage of
22    at least $100,000 for bodily injury to or the death of any
23    person, $300,000 for bodily injury to or the death of any 2
24    or more persons in any one accident, and $50,000 for damage
25    to property, then the permitted user's insurer shall be the
26    primary insurer and the dealer's insurer shall be the

 

 

SB3197- 35 -LRB101 16413 HEP 67408 b

1    secondary insurer. If the permitted user does not have a
2    liability insurance policy that provides automobile
3    liability insurance coverage of at least $100,000 for
4    bodily injury to or the death of any person, $300,000 for
5    bodily injury to or the death of any 2 or more persons in
6    any one accident, and $50,000 for damage to property, or
7    does not have any insurance at all, then the dealer's
8    insurer shall be the primary insurer and the permitted
9    user's insurer shall be the secondary insurer.
10        When a permitted user is "test driving" a new vehicle
11    dealer's automobile, the new vehicle dealer's insurance
12    shall be primary and the permitted user's insurance shall
13    be secondary.
14        As used in this paragraph 6, a "permitted user" is a
15    person who, with the permission of the new vehicle dealer
16    or an employee of the new vehicle dealer, drives a vehicle
17    owned and held for sale or lease by the new vehicle dealer
18    which the person is considering to purchase or lease, in
19    order to evaluate the performance, reliability, or
20    condition of the vehicle. The term "permitted user" also
21    includes a person who, with the permission of the new
22    vehicle dealer, drives a vehicle owned or held for sale or
23    lease by the new vehicle dealer for loaner purposes while
24    the user's vehicle is being repaired or evaluated.
25        As used in this paragraph 6, "test driving" occurs when
26    a permitted user who, with the permission of the new

 

 

SB3197- 36 -LRB101 16413 HEP 67408 b

1    vehicle dealer or an employee of the new vehicle dealer,
2    drives a vehicle owned and held for sale or lease by a new
3    vehicle dealer that the person is considering to purchase
4    or lease, in order to evaluate the performance,
5    reliability, or condition of the vehicle.
6        As used in this paragraph 6, "loaner purposes" means
7    when a person who, with the permission of the new vehicle
8    dealer, drives a vehicle owned or held for sale or lease by
9    the new vehicle dealer while the user's vehicle is being
10    repaired or evaluated.
11        7. (A) An application for a new motor vehicle dealer's
12    license shall be accompanied by the following license fees:
13            (i) $1,000 for applicant's established place of
14        business, and $100 for each additional place of
15        business, if any, to which the application pertains;
16        but if the application is made after June 15 of any
17        year, the license fee shall be $500 for applicant's
18        established place of business plus $50 for each
19        additional place of business, if any, to which the
20        application pertains. License fees shall be returnable
21        only in the event that the application is denied by the
22        Secretary of State. All moneys received by the
23        Secretary of State as license fees under this
24        subparagraph (i) prior to applications for the 2004
25        licensing year shall be deposited into the Motor
26        Vehicle Review Board Fund and shall be used to

 

 

SB3197- 37 -LRB101 16413 HEP 67408 b

1        administer the Motor Vehicle Review Board under the
2        Motor Vehicle Franchise Act. Of the money received by
3        the Secretary of State as license fees under this
4        subparagraph (i) for the 2004 licensing year and
5        thereafter, 10% shall be deposited into the Motor
6        Vehicle Review Board Fund and shall be used to
7        administer the Motor Vehicle Review Board under the
8        Motor Vehicle Franchise Act and 90% shall be deposited
9        into the General Revenue Fund.
10            (ii) Except for dealers selling 25 or fewer
11        automobiles or as provided in subsection (h) of Section
12        5-102.7 of this Code, an Annual Dealer Recovery Fund
13        Fee in the amount of $500 for the applicant's
14        established place of business, and $50 for each
15        additional place of business, if any, to which the
16        application pertains; but if the application is made
17        after June 15 of any year, the fee shall be $250 for
18        the applicant's established place of business plus $25
19        for each additional place of business, if any, to which
20        the application pertains. For a license renewal
21        application, the fee shall be based on the amount of
22        automobiles sold in the past year according to the
23        following formula:
24                (1) $0 for dealers selling 25 or less
25            automobiles;
26                (2) $150 for dealers selling more than 25 but

 

 

SB3197- 38 -LRB101 16413 HEP 67408 b

1            less than 200 automobiles;
2                (3) $300 for dealers selling 200 or more
3            automobiles but less than 300 automobiles; and
4                (4) $500 for dealers selling 300 or more
5            automobiles.
6            License fees shall be returnable only in the event
7        that the application is denied by the Secretary of
8        State. Moneys received under this subparagraph (ii)
9        shall be deposited into the Dealer Recovery Trust Fund.
10        (B) An application for a new vehicle dealer's license,
11    other than for a new motor vehicle dealer's license, shall
12    be accompanied by the following license fees:
13            (i) $1,000 for applicant's established place of
14        business, and $50 for each additional place of
15        business, if any, to which the application pertains;
16        but if the application is made after June 15 of any
17        year, the license fee shall be $500 for applicant's
18        established place of business plus $25 for each
19        additional place of business, if any, to which the
20        application pertains. License fees shall be returnable
21        only in the event that the application is denied by the
22        Secretary of State. Of the money received by the
23        Secretary of State as license fees under this
24        subparagraph (i) for the 2004 licensing year and
25        thereafter, 95% shall be deposited into the General
26        Revenue Fund.

 

 

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1            (ii) Except as provided in subsection (h) of
2        Section 5-102.7 of this Code, an Annual Dealer Recovery
3        Fund Fee in the amount of $500 for the applicant's
4        established place of business, and $50 for each
5        additional place of business, if any, to which the
6        application pertains; but if the application is made
7        after June 15 of any year, the fee shall be $250 for
8        the applicant's established place of business plus $25
9        for each additional place of business, if any, to which
10        the application pertains. License fees shall be
11        returnable only in the event that the application is
12        denied by the Secretary of State. Moneys received under
13        this subparagraph (ii) shall be deposited into the
14        Dealer Recovery Trust Fund.
15        8. A statement that the applicant's officers,
16    directors, shareholders having a 10% or greater ownership
17    interest therein, proprietor, a partner, member, officer,
18    director, trustee, manager or other principals in the
19    business have not committed in the past 3 years any one
20    violation as determined in any civil, criminal or
21    administrative proceedings of any one of the following
22    Acts:
23            (A) The Anti-Theft Laws of the Illinois Vehicle
24        Code;
25            (B) The Certificate of Title Laws of the Illinois
26        Vehicle Code;

 

 

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1            (C) The Offenses against Registration and
2        Certificates of Title Laws of the Illinois Vehicle
3        Code;
4            (D) The Dealers, Transporters, Wreckers and
5        Rebuilders Laws of the Illinois Vehicle Code;
6            (E) Section 21-2 of the Criminal Code of 1961 or
7        the Criminal Code of 2012, Criminal Trespass to
8        Vehicles; or
9            (F) The Retailers' Occupation Tax Act.
10        9. A statement that the applicant's officers,
11    directors, shareholders having a 10% or greater ownership
12    interest therein, proprietor, partner, member, officer,
13    director, trustee, manager or other principals in the
14    business have not committed in any calendar year 3 or more
15    violations, as determined in any civil, criminal or
16    administrative proceedings, of any one or more of the
17    following Acts:
18            (A) The Consumer Finance Act;
19            (B) The Consumer Installment Loan Act;
20            (C) The Retail Installment Sales Act;
21            (D) The Motor Vehicle Retail Installment Sales
22        Act;
23            (E) The Interest Act;
24            (F) The Illinois Wage Assignment Act;
25            (G) Part 8 of Article XII of the Code of Civil
26        Procedure; or

 

 

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1            (H) The Consumer Fraud Act.
2        9.5. A statement that, within 10 years of application,
3    each officer, director, shareholder having a 10% or greater
4    ownership interest therein, proprietor, partner, member,
5    officer, director, trustee, manager, or other principal in
6    the business of the applicant has not committed, as
7    determined in any civil, criminal, or administrative
8    proceeding, in any calendar year one or more forcible
9    felonies under the Criminal Code of 1961 or the Criminal
10    Code of 2012, or a violation of either or both Article 16
11    or 17 of the Criminal Code of 1961 or a violation of either
12    or both Article 16 or 17 of the Criminal Code of 2012,
13    Article 29B of the Criminal Code of 1961 or the Criminal
14    Code of 2012, or a similar out-of-state offense. For the
15    purposes of this paragraph, "forcible felony" has the
16    meaning provided in Section 2-8 of the Criminal Code of
17    2012.
18        10. A bond or certificate of deposit in the amount of
19    $50,000 for each location at which the applicant intends to
20    act as a new vehicle dealer. The bond shall be for the term
21    of the license, or its renewal, for which application is
22    made, and shall expire not sooner than December 31 of the
23    year for which the license was issued or renewed. The bond
24    shall run to the People of the State of Illinois, with
25    surety by a bonding or insurance company authorized to do
26    business in this State. It shall be conditioned upon the

 

 

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1    proper transmittal of all title and registration fees and
2    taxes (excluding taxes under the Retailers' Occupation Tax
3    Act) accepted by the applicant as a new vehicle dealer.
4        11. Such other information concerning the business of
5    the applicant as the Secretary of State may by rule or
6    regulation prescribe.
7        12. A statement that the applicant understands Chapter
8    1 through Chapter 5 of this Code.
9        13. The full name, address, and contact information of
10    each of the dealer's agents or legal representatives who is
11    an Illinois resident and liable for the performance of the
12    dealership.
13    (c) Any change which renders no longer accurate any
14information contained in any application for a new vehicle
15dealer's license shall be amended within 30 days after the
16occurrence of such change on such form as the Secretary of
17State may prescribe by rule or regulation, accompanied by an
18amendatory fee of $2.
19    (d) Anything in this Chapter 5 to the contrary
20notwithstanding no person shall be licensed as a new vehicle
21dealer unless:
22        1. He is authorized by contract in writing between
23    himself and the manufacturer or franchised distributor of
24    such make of vehicle to so sell the same in this State, and
25        2. Such person shall maintain an established place of
26    business as defined in this Act.

 

 

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1    (e) The Secretary of State shall, within a reasonable time
2after receipt, examine an application submitted to him under
3this Section and unless he makes a determination that the
4application submitted to him does not conform with the
5requirements of this Section or that grounds exist for a denial
6of the application, under Section 5-501 of this Chapter, grant
7the applicant an original new vehicle dealer's license in
8writing for his established place of business and a
9supplemental license in writing for each additional place of
10business in such form as he may prescribe by rule or regulation
11which shall include the following:
12        1. The name of the person licensed;
13        2. If a corporation, the name and address of its
14    officers or if a sole proprietorship, a partnership, an
15    unincorporated association or any similar form of business
16    organization, the name and address of the proprietor or of
17    each partner, member, officer, director, trustee or
18    manager;
19        3. In the case of an original license, the established
20    place of business of the licensee;
21        4. In the case of a supplemental license, the
22    established place of business of the licensee and the
23    additional place of business to which such supplemental
24    license pertains;
25        5. The make or makes of new vehicles which the licensee
26    is licensed to sell; .

 

 

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1        6. The full name, address, and contact information of
2    each of the dealer's agents or legal representatives who is
3    an Illinois resident and liable for the performance of the
4    dealership.
5    (f) The appropriate instrument evidencing the license or a
6certified copy thereof, provided by the Secretary of State,
7shall be kept posted conspicuously in the established place of
8business of the licensee and in each additional place of
9business, if any, maintained by such licensee.
10    (g) Except as provided in subsection (h) hereof, all new
11vehicle dealer's licenses granted under this Section shall
12expire by operation of law on December 31 of the calendar year
13for which they are granted unless sooner revoked or cancelled
14under the provisions of Section 5-501 of this Chapter.
15    (h) A new vehicle dealer's license may be renewed upon
16application and payment of the fee required herein, and
17submission of proof of coverage under an approved bond under
18the Retailers' Occupation Tax Act or proof that applicant is
19not subject to such bonding requirements, as in the case of an
20original license, but in case an application for the renewal of
21an effective license is made during the month of December, the
22effective license shall remain in force until the application
23is granted or denied by the Secretary of State.
24    (i) All persons licensed as a new vehicle dealer are
25required to furnish each purchaser of a motor vehicle:
26        1. In the case of a new vehicle a manufacturer's

 

 

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1    statement of origin and in the case of a used motor vehicle
2    a certificate of title, in either case properly assigned to
3    the purchaser;
4        2. A statement verified under oath that all identifying
5    numbers on the vehicle agree with those on the certificate
6    of title or manufacturer's statement of origin;
7        3. A bill of sale properly executed on behalf of such
8    person;
9        4. A copy of the Uniform Invoice-transaction reporting
10    return referred to in Section 5-402 hereof;
11        5. In the case of a rebuilt vehicle, a copy of the
12    Disclosure of Rebuilt Vehicle Status; and
13        6. In the case of a vehicle for which the warranty has
14    been reinstated, a copy of the warranty.
15    (j) Except at the time of sale or repossession of the
16vehicle, no person licensed as a new vehicle dealer may issue
17any other person a newly created key to a vehicle unless the
18new vehicle dealer makes a color photocopy or electronic scan
19of the driver's license or State identification card of the
20person requesting or obtaining the newly created key. The new
21vehicle dealer must retain the photocopy or scan for 30 days.
22    A new vehicle dealer who violates this subsection (j) is
23guilty of a petty offense. Violation of this subsection (j) is
24not cause to suspend, revoke, cancel, or deny renewal of the
25new vehicle dealer's license.
26    This amendatory Act of 1983 shall be applicable to the 1984

 

 

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1registration year and thereafter.
2    (k) Only a licensed dealer under this Section may use the
3reassignment portion included on a certificate of title to
4reassign a vehicle to another licensed dealer under this
5Section.
6(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19;
7101-505, eff. 1-1-20.)
 
8    (625 ILCS 5/5-101.1)
9    Sec. 5-101.1. Motor vehicle financing affiliates;
10licensing.
11    (a) In this State no business shall engage in the business
12of a motor vehicle financing affiliate without a license to do
13so in writing from the Secretary of State.
14    (b) An application for a motor vehicle financing
15affiliate's license must be filed with the Secretary of State,
16duly verified by oath, on a form prescribed by the Secretary of
17State and shall contain all of the following:
18        (1) The name and type of business organization of the
19    applicant and the applicant's established place of
20    business and any additional places of business in this
21    State.
22        (2) The name and address of the licensed new or used
23    vehicle dealer to which the applicant will be selling,
24    transferring, or assigning new or used motor vehicles
25    pursuant to a written contract. If more than one dealer is

 

 

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1    on the application, the applicant shall state in writing
2    the basis of common ownership among the dealers.
3        (3) A list of the business organization's officers,
4    directors, members, and shareholders having a 10% or
5    greater ownership interest in the business, providing the
6    residential address for each person listed.
7        (4) If selling, transferring, or assigning new motor
8    vehicles, the make or makes of new vehicles that it will
9    sell, assign, or otherwise transfer to the contracting new
10    motor vehicle dealer listed on the application pursuant to
11    paragraph (2).
12        (5) The name of each manufacturer or franchised
13    distributor, if any, of new vehicles with whom the
14    applicant has contracted for the sale of new vehicles and a
15    signed statement from each manufacturer or franchised
16    distributor acknowledging the contract.
17        (6) A statement that the applicant has been approved
18    for registration under the Retailers' Occupation Tax Act by
19    the Department of Revenue. This requirement does not apply
20    to a motor vehicle financing affiliate that is already
21    licensed with the Secretary of State and is applying for a
22    renewal of its license.
23        (7) A statement that the applicant has complied with
24    the appropriate liability insurance requirement and a
25    Certificate of Insurance that shall not expire before
26    December 31 of the year for which the license was issued or

 

 

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1    renewed with a minimum liability coverage of $100,000 for
2    the bodily injury or death of any person, $300,000 for the
3    bodily injury or death of 2 or more persons in any one
4    accident, and $50,000 for damage to property. The
5    expiration of the insurance policy shall not terminate the
6    liability under the policy arising during the period for
7    which the policy was filed. Trailer and mobile home dealers
8    are exempt from the requirements of this paragraph. A motor
9    vehicle financing affiliate is exempt from the
10    requirements of this paragraph if it is covered by the
11    insurance policy of the new or used dealer listed on the
12    application pursuant to paragraph (2).
13        (8) A license fee of $1,000 for the applicant's
14    established place of business and $250 for each additional
15    place of business, if any, to which the application
16    pertains. However, if the application is made after June 15
17    of any year, the license fee shall be $500 for the
18    applicant's established place of business and $125 for each
19    additional place of business, if any, to which the
20    application pertains. These license fees shall be
21    returnable only in the event that the application is denied
22    by the Secretary of State.
23        (9) A statement incorporating the requirements of
24    paragraphs 8 and 9 of subsection (b) of Section 5-101.
25        (10) Any other information concerning the business of
26    the applicant as the Secretary of State may prescribe.

 

 

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1        (11) A statement that the applicant understands
2    Chapter 1 through Chapter 5 of this Code.
3        (12) The full name, address, and contact information of
4    each of the dealer's agents or legal representatives who is
5    an Illinois resident and liable for the performance of the
6    dealership.
7    (c) Any change which renders no longer accurate any
8information contained in any application for a motor vehicle
9financing affiliate's license shall be amended within 30 days
10after the occurrence of the change on a form prescribed by the
11Secretary of State, accompanied by an amendatory fee of $2.
12    (d) If a new vehicle dealer is not listed on the
13application, pursuant to paragraph (2) of subsection (b), the
14motor vehicle financing affiliate shall not receive, possess,
15or transfer any new vehicle. If a new motor vehicle dealer is
16listed on the application, pursuant to paragraph (2) of
17subsection (b), the new motor vehicle dealer can only receive
18those new cars it is permitted to receive under its franchise
19agreement. If both a new and used motor vehicle dealer are
20listed on the application, pursuant to paragraph (2) of
21subsection (b), only the new motor vehicle dealer may receive
22new motor vehicles. If a used motor vehicle is listed on the
23application, pursuant to paragraph (2) of subsection (b), the
24used motor vehicle dealer shall not receive any new motor
25vehicles.
26    (e) The applicant and dealer provided pursuant to paragraph

 

 

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1(2) of subsection (b) must be business organizations registered
2to conduct business in Illinois. Three-fourths of the dealer's
3board of directors must be members of the motor vehicle
4financing affiliate's board of directors, if applicable.
5    (f) Unless otherwise provided in this Chapter 5, no
6business organization registered to do business in Illinois
7shall be licensed as a motor vehicle financing affiliate
8unless:
9        (1) The motor vehicle financing affiliate shall only
10    sell, transfer, or assign motor vehicles to the licensed
11    new or used dealer listed on the application pursuant to
12    paragraph (2) of subsection (b).
13        (2) The motor vehicle financing affiliate sells,
14    transfers, or assigns to the new motor vehicle dealer
15    listed on the application, if any, only those new motor
16    vehicles the motor vehicle financing affiliate has
17    received under the contract set forth in paragraph (5) of
18    subsection (b).
19        (3) Any new vehicle dealer listed pursuant to paragraph
20    (2) of subsection (b) has a franchise agreement that
21    permits the dealer to receive motor vehicles from the motor
22    vehicle franchise affiliate.
23        (4) The new or used motor vehicle dealer listed on the
24    application pursuant to paragraph (2) of subsection (b) has
25    one established place of business or supplemental places of
26    business as referenced in subsection (g).

 

 

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1    (g) The Secretary of State shall, within a reasonable time
2after receipt, examine an application submitted pursuant to
3this Section and, unless it is determined that the application
4does not conform with the requirements of this Section or that
5grounds exist for a denial of the application under Section
65-501, grant the applicant a motor vehicle financing affiliate
7license in writing for the applicant's established place of
8business and a supplemental license in writing for each
9additional place of business in a form prescribed by the
10Secretary, which shall include all of the following:
11        (1) The name of the business licensed;
12        (2) The name and address of its officers, directors, or
13    members, as applicable;
14        (3) In the case of an original license, the established
15    place of business of the licensee; and
16        (4) If applicable, the make or makes of new vehicles
17    which the licensee is licensed to sell to the new motor
18    vehicle dealer listed on the application pursuant to
19    paragraph (2) of subsection (b); and .
20        (5) The full name, address, and contact information of
21    each of the dealer's agents or legal representatives who is
22    an Illinois resident and liable for the performance of the
23    dealership.
24    (h) The appropriate instrument evidencing the license or a
25certified copy, provided by the Secretary of State, shall be
26kept posted conspicuously in the established place of business

 

 

SB3197- 52 -LRB101 16413 HEP 67408 b

1of the licensee.
2    (i) Except as provided in subsection (h), all motor vehicle
3financing affiliate's licenses granted under this Section
4shall expired by operation of law on December 31 of the
5calendar year for which they are granted, unless revoked or
6canceled at an earlier date pursuant to Section 5-501.
7    (j) A motor vehicle financing affiliate's license may be
8renewed upon application and payment of the required fee.
9However, when an application for renewal of a motor vehicle
10financing affiliate's license is made during the month of
11December, the effective license shall remain in force until the
12application is granted or denied by the Secretary of State.
13    (k) The contract a motor vehicle financing affiliate has
14with a manufacturer or franchised distributor, as provided in
15paragraph (5) of subsection (b), shall only permit the
16applicant to sell, transfer, or assign new motor vehicles to
17the new motor vehicle dealer listed on the application pursuant
18to paragraph (2) of subsection (b). The contract shall
19specifically prohibit the motor vehicle financing affiliate
20from selling motor vehicles at retail. This contract shall not
21be considered the granting of a franchise as defined in Section
222 of the Motor Vehicle Franchise Act.
23    (l) When purchasing of a motor vehicle by a new or used
24motor vehicle dealer, all persons licensed as a motor vehicle
25financing affiliate are required to furnish all of the
26following:

 

 

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1        (1) For a new vehicle, a manufacturer's statement of
2    origin properly assigned to the purchasing dealer. For a
3    used vehicle, a certificate of title properly assigned to
4    the purchasing dealer.
5        (2) A statement verified under oath that all
6    identifying numbers on the vehicle agree with those on the
7    certificate of title or manufacturer's statement of
8    origin.
9        (3) A bill of sale properly executed on behalf of the
10    purchasing dealer.
11        (4) A copy of the Uniform Invoice-transaction report
12    pursuant to Section 5-402.
13        (5) In the case of a rebuilt vehicle, a copy of the
14    Disclosure of Rebuilt Vehicle Status pursuant to Section
15    5-104.3.
16        (6) In the case of a vehicle for which a warranty has
17    been reinstated, a copy of the warranty.
18    (m) The motor vehicle financing affiliate shall use the
19established and supplemental place or places of business the
20new or used vehicle dealer listed on the application pursuant
21to paragraph (2) of subsection (b) as its established and
22supplemental place or places of business.
23    (n) The motor vehicle financing affiliate shall keep all
24books and records required by this Code with the books and
25records of the new or used vehicle dealer listed on the
26application pursuant to paragraph (2) of subsection (b). The

 

 

SB3197- 54 -LRB101 16413 HEP 67408 b

1motor vehicle financing affiliate may use the books and records
2of the new or used motor vehicle dealer listed on the
3application pursuant to paragraph (2) of subsection (b).
4    (o) Under no circumstances shall a motor vehicle financing
5affiliate sell, transfer, or assign a new vehicle to any place
6of business of a new motor vehicle dealer, unless that place of
7business is licensed under this Chapter to sell, assign, or
8otherwise transfer the make of the new motor vehicle
9transferred.
10    (p) All moneys received by the Secretary of State as
11license fees under this Section shall be deposited into the
12Motor Vehicle Review Board Fund and shall be used to administer
13the Motor Vehicle Review Board under the Motor Vehicle
14Franchise Act.
15    (q) Except as otherwise provided in this Section, a motor
16vehicle financing affiliate shall comply with all provisions of
17this Code.
18(Source: P.A. 91-415, eff. 1-1-00.)
 
19    (625 ILCS 5/5-101.2)
20    Sec. 5-101.2. Manufactured home dealers; licensing.
21    (a) For the purposes of this Section, the following words
22shall have the meanings ascribed to them as follows:
23        "Community-based manufactured home dealer" means an
24    individual or entity that operates a tract of land or 2 or
25    more contiguous tracts of land which contain sites with the

 

 

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1    necessary utilities for 5 or more independent manufactured
2    homes for permanent habitation, either free of charge or
3    for revenue purposes, and shall include any building,
4    structure, vehicle, or enclosure used or intended for use
5    as a part of the equipment of the manufactured home park
6    who may, incidental to the operation of the manufactured
7    home community, sell, trade, or buy no more than 2
8    manufactured homes or park models per calendar year that
9    are located within the manufactured home community
10    pursuant to a franchise agreement or similar agreement with
11    a manufacturer, or used manufactured homes or park models
12    located within the manufactured home community or
13    additional place of business that is owned or managed by
14    the community-based manufactured home dealer.
15        "Established place of business" means the place owned
16    or leased and occupied by any person duly licensed or
17    required to be licensed as a manufactured home dealer or a
18    community-based manufactured home dealer for the purpose
19    of engaging in selling, buying, bartering, displaying,
20    exchanging, or dealing in, on consignment or otherwise,
21    manufactured homes or park models and for such other
22    ancillary purposes as may be permitted by the Secretary by
23    rule. An established place of business shall include a
24    single or central office in which the manufactured home
25    dealer's or community-based manufactured home dealer's
26    records shall be separate and distinct from any other

 

 

SB3197- 56 -LRB101 16413 HEP 67408 b

1    business or tenant which may occupy space in the same
2    building, except as provided in this Section, and the
3    office shall not be located in a tent, temporary stand,
4    temporary address, room or rooms in a hotel or rooming
5    house, nor the premises occupied by a single or multiple
6    unit residence, unless the multiple unit residence has a
7    separate and distinct office.
8        "Manufactured home" means a factory assembled
9    structure built on a permanent chassis, transportable in
10    one or more sections in the travel mode, incapable of
11    self-propulsion, and bears a label indicating the
12    manufacturer's compliance with the United States
13    Department of Housing and Urban Development standards, as
14    applicable, that is without a permanent foundation and is
15    designed for year round occupancy as a single-family
16    residence when connected to approved water, sewer, and
17    electrical utilities.
18        "Manufactured home dealer" means an individual or
19    entity that engages in the business of acquiring or
20    disposing of a manufactured home or park model, either a
21    new manufactured home or park model, pursuant to a
22    franchise agreement with a manufacturer, or used
23    manufactured homes or park models, and who has an
24    established place of business that is not in a residential
25    community-based setting.
26        "Park model" means a vehicle that is incapable of

 

 

SB3197- 57 -LRB101 16413 HEP 67408 b

1    self-propulsion that is less than 400 square feet of
2    habitable space that is built to American National
3    Standards Institute (ANSI) standards that prohibits
4    occupancy on a permanent basis and is built on a vehicle
5    chassis.
6        "Supplemental license" means a license that a
7    community-based manufactured home dealer receives and
8    displays at locations in which the licensee is authorized
9    to sell, buy, barter, display, exchange, or deal in, on
10    consignment or otherwise, manufactured homes or park
11    models, but is not the established place of business of the
12    licensee.
13    (b) No person shall engage in this State in the business of
14selling or dealing in, on consignment or otherwise,
15manufactured homes or park models of any make, or act as an
16intermediary, agent, or broker for any manufactured home or
17park model purchaser, other than as a salesperson or to
18represent or advertise that he or she is so engaged, or intends
19to so engage, in the business, unless licensed to do so by the
20Secretary of State under the provisions of this Section.
21    (c) An application for a manufactured home dealer's license
22or a community-based manufactured home dealer's license shall
23be filed with the Secretary of State and duly verified by oath,
24on such form as the Secretary of State may by rule prescribe
25and shall contain all of the following:
26        (1) The name and type of business organization of the

 

 

SB3197- 58 -LRB101 16413 HEP 67408 b

1    applicant, and his or her established and additional places
2    of business, if any, in this State.
3        (2) If the applicant is a corporation, a list of its
4    officers, directors, and shareholders having a 10% or
5    greater ownership interest in the corporation. If the
6    applicant is a sole proprietorship, a partnership, a
7    limited liability company, an unincorporated association,
8    a trust, or any similar form of business organization, the
9    name and residence address of the proprietor, or the name
10    and residence address of each partner, member, officer,
11    director, trustee, or manager.
12        (3) The make or makes of new manufactured homes or park
13    models that the applicant will offer for sale at retail in
14    the State.
15        (4) The name of each manufacturer or franchised
16    distributor, if any, of new manufactured homes or park
17    models with whom the applicant has contracted for the sale
18    of new manufactured homes or park models. As evidence of
19    this fact, the application shall be accompanied by a signed
20    statement from each manufacturer or franchised
21    distributor.
22        (5) A statement that the applicant has been approved
23    for registration under the Retailers' Occupation Tax Act by
24    the Department of Revenue, provided that this requirement
25    does not apply to a manufactured home dealer who is already
26    licensed with the Secretary of State, and who is merely

 

 

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1    applying for a renewal of his or her license. As evidence
2    of this fact, the application shall be accompanied by a
3    certification from the Department of Revenue showing that
4    the Department has approved the applicant for registration
5    under the Retailers' Occupation Tax Act.
6        (6) An application for:
7            (A) a manufactured home dealer's license, when the
8        applicant is selling new manufactured homes or park
9        models on behalf of a manufacturer of manufactured
10        homes or park models, or 5 or more used manufactured
11        homes or park models during the calendar year, shall be
12        accompanied by a $1,000 license fee for the applicant's
13        established place of business, and $100 for each
14        additional place of business, if any, to which the
15        application pertains. If the application is made after
16        June 15 in any year, the license fee shall be $500 for
17        the applicant's established place of business, and $50
18        for each additional place of business, if any, to which
19        the application pertains. License fees shall be
20        returnable only in the event that the application is
21        denied by the Secretary of State; or
22            (B) a community-based manufactured home dealer's
23        license, when the applicant is selling new
24        manufactured homes or park models on behalf of a
25        manufacturer of manufactured homes or park models, or 5
26        or more used manufactured homes or park models during

 

 

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1        the calendar year, but within a community setting,
2        shall be accompanied by a license fee of $500 for the
3        applicant's established place of business, and $50 for
4        each additional place of business within a 50-mile
5        radius of the established place of business, if any to
6        which the application pertains. If the application is
7        made after June 15 in any year, the license fee shall
8        be $250 for the applicant's established place of
9        business, and $50 for each additional place of
10        business, if any, to which the application pertains.
11        License fees shall be returnable only in the event that
12        the application is denied by the Secretary of State.
13            Of the monies received by the Secretary of State as
14        license fees under this paragraph (6), 95% shall be
15        deposited into the General Revenue Fund and 5% into the
16        Motor Vehicle License Plate Fund.
17        (7) A statement that the applicant's officers,
18    directors, and shareholders having a 10% or greater
19    ownership interest therein, proprietor, a partner, member,
20    officer, director, trustee, manager, or other principals
21    in the business, have not committed in the past 3 years any
22    one violation, as determined in any civil, criminal, or
23    administrative hearing proceeding, of any one of the
24    following Acts:
25            (A) the Anti Theft Laws of the Illinois Vehicle
26        Code;

 

 

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1            (B) the Certificate of Title Laws of the Illinois
2        Vehicle Code;
3            (C) the Offenses against Registration and
4        Certificates of Title Laws of the Illinois Vehicle
5        Code;
6            (D) the Dealers, Transporters, Wreckers, and
7        Rebuilders Laws of the Illinois Vehicle Code;
8            (E) Section 21-2 of the Criminal Code of 2012
9        (criminal trespass to vehicles);
10            (F) the Retailers Occupation Tax Act;
11            (G) the Consumer Finance Act;
12            (H) the Consumer Installment Loan Act;
13            (I) the Retail Installment Sales Act;
14            (J) the Motor Vehicle Retail Installment Sales
15        Act;
16            (K) the Interest Act;
17            (L) the Illinois Wage Assignment Act;
18            (M) Part 8 of Article XII of the Code of Civil
19        Procedure; or
20            (N) the Consumer Fraud Act.
21        (8) A bond or certificate of deposit in the amount of
22    $20,000 for each license holder applicant intending to act
23    as a manufactured home dealer or community-based
24    manufactured home dealer under this Section. The bond shall
25    be for the term of the license, for which application is
26    made, and shall expire not sooner than December 31 of the

 

 

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1    year for which the license was issued. The bond shall run
2    to the People of the State of Illinois, with surety by a
3    bonding or insurance company authorized to do business in
4    this State. It shall be conditioned upon the proper
5    transmittal of all title and registration fees and taxes
6    (excluding taxes under the Retailers' Occupation Tax Act)
7    accepted by the applicant as a manufactured home dealer.
8        (9) Dealers in business for over 5 years may substitute
9    a certificate of insurance in lieu of the bond or
10    certificate of deposit upon renewing their license.
11        (10) Any other information concerning the business of
12    the applicant as the Secretary of State may by rule
13    prescribe.
14        (11) A statement that the applicant has read and
15    understands Chapters 1 through 5 of this Code.
16        (12) The full name, address, and contact information of
17    each of the dealer's agents or legal representatives who is
18    an Illinois resident and liable for the performance of the
19    dealership.
20    (d) Any change which renders no longer accurate any
21information contained in any application for a license under
22this Section shall be amended within 30 days after the
23occurrence of the change on a form the Secretary of State may
24prescribe, by rule, accompanied by an amendatory fee of $25.
25    (e) The Secretary of State shall, within a reasonable time
26after receipt, examine an application submitted to him or her

 

 

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1under this Section, and unless he or she makes a determination
2that the application submitted to him or her does not conform
3with the requirements of this Section or that grounds exist for
4a denial of the application under Section 5-501 of this
5Chapter, grant the applicant an initial manufactured home
6dealer's license or a community-based manufactured home
7dealer's license in writing for his or her established place of
8business and a supplemental license in writing for each
9additional place of business in a form the Secretary may
10prescribe by rule, which shall include the following:
11        (1) the name of the person or entity licensed;
12        (2) if a corporation, the name and address of its
13    officers; if a sole proprietorship, a partnership, an
14    unincorporated association, or any similar form of
15    business organization, the name and address of the
16    proprietor, or the name and address of each partner,
17    member, officer, director, trustee or manager; or if a
18    limited liability company, the name and address of the
19    general partner or partners, or managing member or members;
20        (3) in the case of an original license, the established
21    place of business of the licensee;
22        (4) in the case of a supplemental license, the
23    established place of business of the licensee and the
24    distance to each additional place of business to which the
25    supplemental license pertains; and
26        (5) if applicable, the make or makes of new

 

 

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1    manufactured homes or park models to which a manufactured
2    home dealer is licensed to sell; and .
3        (6) the full name, address, and contact information of
4    each of the dealer's agents or legal representatives who is
5    an Illinois resident and liable for the performance of the
6    dealership.
7    (e-5) A manufactured home dealer may operate a supplemental
8lot if the lot is located within 50 miles of the manufactured
9home dealer's principal place of business. Records pertaining
10to a supplemental lot may be maintained at the principal place
11of business.
12    (f) The appropriate instrument evidencing the license or a
13certified copy of the instrument, provided by the Secretary of
14State, shall be kept posted conspicuously in the established
15place of business of the licensee and in each additional place
16of business, if any, maintained by the licensee, unless the
17licensee is a community-based manufactured home dealer, then
18the license shall be posted in the community-based manufactured
19home dealer's central office and it shall include a list of the
20other locations that the community-based manufactured home
21dealer may oversee.
22    (g) Except as provided in subsection (i) of this Section,
23all licenses granted under this Section shall expire by
24operation of law on December 31 of the calendar year for which
25the licenses were granted, unless sooner revoked or cancelled
26under the provisions of Section 5-501 of this Chapter.

 

 

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1    (h) All persons licensed as a manufactured home dealer or a
2community-based manufactured home dealer are required to
3furnish each purchaser of a manufactured home or park model:
4        (1) in the case of a new manufactured home or park
5    model, a manufacturer's statement of origin, and in the
6    case of a previously owned manufactured home or park model,
7    a certificate of title, in either case properly assigned to
8    the purchaser;
9        (2) a statement verified under oath that all
10    identifying numbers on the vehicle match the identifying
11    numbers on the certificate of title or manufacturer's
12    statement of origin;
13        (3) a bill of sale properly executed on behalf of the
14    purchaser;
15        (4) a copy of the Uniform Invoice-transaction
16    reporting return form referred to in Section 5-402; and
17        (5) for a new manufactured home or park model, a
18    warranty, and in the case of a manufactured home or park
19    model for which the warranty has been reinstated, a copy of
20    the warranty; if no warranty is provided, a disclosure or
21    statement that the manufactured home or park model is being
22    sold "AS IS".
23    (i) This Section shall not apply to a (i) seller who
24privately owns his or her manufactured home or park model as
25his or her main residence and is selling the manufactured home
26or park model to another individual or to a licensee; (ii) a

 

 

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1retailer or entity licensed under either Section 5-101 or 5-102
2of this Code; or (iii) an individual or entity licensed to sell
3truck campers, travel trailers, motor homes, or mini motor
4homes as defined by this Code. Any vehicle not covered by this
5Section that requires an individual or entity to obtain a
6license to sell 5 or more vehicles must obtain a license under
7the relevant provisions of this Code.
8    (j) This Section shall not apply to any person licensed
9under the Real Estate License Act of 2000.
10    (k) The Secretary of State may adopt any rules necessary to
11implement this Section.
12(Source: P.A. 101-407, eff. 8-16-19.)
 
13    (625 ILCS 5/5-102)  (from Ch. 95 1/2, par. 5-102)
14    Sec. 5-102. Used vehicle dealers must be licensed.
15    (a) No person, other than a licensed new vehicle dealer,
16shall engage in the business of selling or dealing in, on
17consignment or otherwise, 5 or more used vehicles of any make
18during the year (except house trailers as authorized by
19paragraph (j) of this Section and rebuilt salvage vehicles sold
20by their rebuilders to persons licensed under this Chapter), or
21act as an intermediary, agent or broker for any licensed dealer
22or vehicle purchaser (other than as a salesperson) or represent
23or advertise that he is so engaged or intends to so engage in
24such business unless licensed to do so by the Secretary of
25State under the provisions of this Section.

 

 

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1    (b) An application for a used vehicle dealer's license
2shall be filed with the Secretary of State, duly verified by
3oath, in such form as the Secretary of State may by rule or
4regulation prescribe and shall contain:
5        1. The name and type of business organization
6    established and additional places of business, if any, in
7    this State.
8        2. If the applicant is a corporation, a list of its
9    officers, directors, and shareholders having a ten percent
10    or greater ownership interest in the corporation, setting
11    forth the residence address of each; if the applicant is a
12    sole proprietorship, a partnership, an unincorporated
13    association, a trust, or any similar form of business
14    organization, the names and residence address of the
15    proprietor or of each partner, member, officer, director,
16    trustee or manager.
17        3. A statement that the applicant has been approved for
18    registration under the Retailers' Occupation Tax Act by the
19    Department of Revenue. However, this requirement does not
20    apply to a dealer who is already licensed hereunder with
21    the Secretary of State, and who is merely applying for a
22    renewal of his license. As evidence of this fact, the
23    application shall be accompanied by a certification from
24    the Department of Revenue showing that the Department has
25    approved the applicant for registration under the
26    Retailers' Occupation Tax Act.

 

 

SB3197- 68 -LRB101 16413 HEP 67408 b

1        4. A statement that the applicant has complied with the
2    appropriate liability insurance requirement. A Certificate
3    of Insurance in a solvent company authorized to do business
4    in the State of Illinois shall be included with each
5    application covering each location at which he proposes to
6    act as a used vehicle dealer. The policy must provide
7    liability coverage in the minimum amounts of $100,000 for
8    bodily injury to, or death of, any person, $300,000 for
9    bodily injury to, or death of, two or more persons in any
10    one accident, and $50,000 for damage to property. Such
11    policy shall expire not sooner than December 31 of the year
12    for which the license was issued or renewed. The expiration
13    of the insurance policy shall not terminate the liability
14    under the policy arising during the period for which the
15    policy was filed. Trailer and mobile home dealers are
16    exempt from this requirement.
17        If the permitted user has a liability insurance policy
18    that provides automobile liability insurance coverage of
19    at least $100,000 for bodily injury to or the death of any
20    person, $300,000 for bodily injury to or the death of any 2
21    or more persons in any one accident, and $50,000 for damage
22    to property, then the permitted user's insurer shall be the
23    primary insurer and the dealer's insurer shall be the
24    secondary insurer. If the permitted user does not have a
25    liability insurance policy that provides automobile
26    liability insurance coverage of at least $100,000 for

 

 

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1    bodily injury to or the death of any person, $300,000 for
2    bodily injury to or the death of any 2 or more persons in
3    any one accident, and $50,000 for damage to property, or
4    does not have any insurance at all, then the dealer's
5    insurer shall be the primary insurer and the permitted
6    user's insurer shall be the secondary insurer.
7        When a permitted user is "test driving" a used vehicle
8    dealer's automobile, the used vehicle dealer's insurance
9    shall be primary and the permitted user's insurance shall
10    be secondary.
11        As used in this paragraph 4, a "permitted user" is a
12    person who, with the permission of the used vehicle dealer
13    or an employee of the used vehicle dealer, drives a vehicle
14    owned and held for sale or lease by the used vehicle dealer
15    which the person is considering to purchase or lease, in
16    order to evaluate the performance, reliability, or
17    condition of the vehicle. The term "permitted user" also
18    includes a person who, with the permission of the used
19    vehicle dealer, drives a vehicle owned or held for sale or
20    lease by the used vehicle dealer for loaner purposes while
21    the user's vehicle is being repaired or evaluated.
22        As used in this paragraph 4, "test driving" occurs when
23    a permitted user who, with the permission of the used
24    vehicle dealer or an employee of the used vehicle dealer,
25    drives a vehicle owned and held for sale or lease by a used
26    vehicle dealer that the person is considering to purchase

 

 

SB3197- 70 -LRB101 16413 HEP 67408 b

1    or lease, in order to evaluate the performance,
2    reliability, or condition of the vehicle.
3        As used in this paragraph 4, "loaner purposes" means
4    when a person who, with the permission of the used vehicle
5    dealer, drives a vehicle owned or held for sale or lease by
6    the used vehicle dealer while the user's vehicle is being
7    repaired or evaluated.
8        5. An application for a used vehicle dealer's license
9    shall be accompanied by the following license fees:
10            (A) $1,000 for applicant's established place of
11        business, and $50 for each additional place of
12        business, if any, to which the application pertains;
13        however, if the application is made after June 15 of
14        any year, the license fee shall be $500 for applicant's
15        established place of business plus $25 for each
16        additional place of business, if any, to which the
17        application pertains. License fees shall be returnable
18        only in the event that the application is denied by the
19        Secretary of State. Of the money received by the
20        Secretary of State as license fees under this
21        subparagraph (A) for the 2004 licensing year and
22        thereafter, 95% shall be deposited into the General
23        Revenue Fund.
24            (B) Except for dealers selling 25 or fewer
25        automobiles or as provided in subsection (h) of Section
26        5-102.7 of this Code, an Annual Dealer Recovery Fund

 

 

SB3197- 71 -LRB101 16413 HEP 67408 b

1        Fee in the amount of $500 for the applicant's
2        established place of business, and $50 for each
3        additional place of business, if any, to which the
4        application pertains; but if the application is made
5        after June 15 of any year, the fee shall be $250 for
6        the applicant's established place of business plus $25
7        for each additional place of business, if any, to which
8        the application pertains. For a license renewal
9        application, the fee shall be based on the amount of
10        automobiles sold in the past year according to the
11        following formula:
12                (1) $0 for dealers selling 25 or less
13            automobiles;
14                (2) $150 for dealers selling more than 25 but
15            less than 200 automobiles;
16                (3) $300 for dealers selling 200 or more
17            automobiles but less than 300 automobiles; and
18                (4) $500 for dealers selling 300 or more
19            automobiles.
20            License fees shall be returnable only in the event
21        that the application is denied by the Secretary of
22        State. Moneys received under this subparagraph (B)
23        shall be deposited into the Dealer Recovery Trust Fund.
24        6. A statement that the applicant's officers,
25    directors, shareholders having a 10% or greater ownership
26    interest therein, proprietor, partner, member, officer,

 

 

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1    director, trustee, manager or other principals in the
2    business have not committed in the past 3 years any one
3    violation as determined in any civil, criminal or
4    administrative proceedings of any one of the following
5    Acts:
6            (A) The Anti-Theft Laws of the Illinois Vehicle
7        Code;
8            (B) The Certificate of Title Laws of the Illinois
9        Vehicle Code;
10            (C) The Offenses against Registration and
11        Certificates of Title Laws of the Illinois Vehicle
12        Code;
13            (D) The Dealers, Transporters, Wreckers and
14        Rebuilders Laws of the Illinois Vehicle Code;
15            (E) Section 21-2 of the Illinois Criminal Code of
16        1961 or the Criminal Code of 2012, Criminal Trespass to
17        Vehicles; or
18            (F) The Retailers' Occupation Tax Act.
19        7. A statement that the applicant's officers,
20    directors, shareholders having a 10% or greater ownership
21    interest therein, proprietor, partner, member, officer,
22    director, trustee, manager or other principals in the
23    business have not committed in any calendar year 3 or more
24    violations, as determined in any civil or criminal or
25    administrative proceedings, of any one or more of the
26    following Acts:

 

 

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1            (A) The Consumer Finance Act;
2            (B) The Consumer Installment Loan Act;
3            (C) The Retail Installment Sales Act;
4            (D) The Motor Vehicle Retail Installment Sales
5        Act;
6            (E) The Interest Act;
7            (F) The Illinois Wage Assignment Act;
8            (G) Part 8 of Article XII of the Code of Civil
9        Procedure; or
10            (H) The Consumer Fraud and Deceptive Business
11        Practices Act.
12        7.5. A statement that, within 10 years of application,
13    each officer, director, shareholder having a 10% or greater
14    ownership interest therein, proprietor, partner, member,
15    officer, director, trustee, manager, or other principal in
16    the business of the applicant has not committed, as
17    determined in any civil, criminal, or administrative
18    proceeding, in any calendar year one or more forcible
19    felonies under the Criminal Code of 1961 or the Criminal
20    Code of 2012, or a violation of either or both Article 16
21    or 17 of the Criminal Code of 1961 or a violation of either
22    or both Article 16 or 17 of the Criminal Code of 2012,
23    Article 29B of the Criminal Code of 1961 or the Criminal
24    Code of 2012, or a similar out-of-state offense. For the
25    purposes of this paragraph, "forcible felony" has the
26    meaning provided in Section 2-8 of the Criminal Code of

 

 

SB3197- 74 -LRB101 16413 HEP 67408 b

1    2012.
2        8. A bond or Certificate of Deposit in the amount of
3    $50,000 for each location at which the applicant intends to
4    act as a used vehicle dealer. The bond shall be for the
5    term of the license, or its renewal, for which application
6    is made, and shall expire not sooner than December 31 of
7    the year for which the license was issued or renewed. The
8    bond shall run to the People of the State of Illinois, with
9    surety by a bonding or insurance company authorized to do
10    business in this State. It shall be conditioned upon the
11    proper transmittal of all title and registration fees and
12    taxes (excluding taxes under the Retailers' Occupation Tax
13    Act) accepted by the applicant as a used vehicle dealer.
14        9. Such other information concerning the business of
15    the applicant as the Secretary of State may by rule or
16    regulation prescribe.
17        10. A statement that the applicant understands Chapter
18    1 through Chapter 5 of this Code.
19        11. A copy of the certification from the prelicensing
20    education program.
21        12. The full name, address, and contact information of
22    each of the dealer's agents or legal representatives who is
23    an Illinois resident and liable for the performance of the
24    dealership.
25    (c) Any change which renders no longer accurate any
26information contained in any application for a used vehicle

 

 

SB3197- 75 -LRB101 16413 HEP 67408 b

1dealer's license shall be amended within 30 days after the
2occurrence of each change on such form as the Secretary of
3State may prescribe by rule or regulation, accompanied by an
4amendatory fee of $2.
5    (d) Anything in this Chapter to the contrary
6notwithstanding, no person shall be licensed as a used vehicle
7dealer unless such person maintains an established place of
8business as defined in this Chapter.
9    (e) The Secretary of State shall, within a reasonable time
10after receipt, examine an application submitted to him under
11this Section. Unless the Secretary makes a determination that
12the application submitted to him does not conform to this
13Section or that grounds exist for a denial of the application
14under Section 5-501 of this Chapter, he must grant the
15applicant an original used vehicle dealer's license in writing
16for his established place of business and a supplemental
17license in writing for each additional place of business in
18such form as he may prescribe by rule or regulation which shall
19include the following:
20        1. The name of the person licensed;
21        2. If a corporation, the name and address of its
22    officers or if a sole proprietorship, a partnership, an
23    unincorporated association or any similar form of business
24    organization, the name and address of the proprietor or of
25    each partner, member, officer, director, trustee or
26    manager;

 

 

SB3197- 76 -LRB101 16413 HEP 67408 b

1        3. In case of an original license, the established
2    place of business of the licensee;
3        4. In the case of a supplemental license, the
4    established place of business of the licensee and the
5    additional place of business to which such supplemental
6    license pertains; .
7        5. The full name, address, and contact information of
8    each of the dealer's agents or legal representatives who is
9    an Illinois resident and liable for the performance of the
10    dealership.
11    (f) The appropriate instrument evidencing the license or a
12certified copy thereof, provided by the Secretary of State
13shall be kept posted, conspicuously, in the established place
14of business of the licensee and in each additional place of
15business, if any, maintained by such licensee.
16    (g) Except as provided in subsection (h) of this Section,
17all used vehicle dealer's licenses granted under this Section
18expire by operation of law on December 31 of the calendar year
19for which they are granted unless sooner revoked or cancelled
20under Section 5-501 of this Chapter.
21    (h) A used vehicle dealer's license may be renewed upon
22application and payment of the fee required herein, and
23submission of proof of coverage by an approved bond under the
24"Retailers' Occupation Tax Act" or proof that applicant is not
25subject to such bonding requirements, as in the case of an
26original license, but in case an application for the renewal of

 

 

SB3197- 77 -LRB101 16413 HEP 67408 b

1an effective license is made during the month of December, the
2effective license shall remain in force until the application
3for renewal is granted or denied by the Secretary of State.
4    (i) All persons licensed as a used vehicle dealer are
5required to furnish each purchaser of a motor vehicle:
6        1. A certificate of title properly assigned to the
7    purchaser;
8        2. A statement verified under oath that all identifying
9    numbers on the vehicle agree with those on the certificate
10    of title;
11        3. A bill of sale properly executed on behalf of such
12    person;
13        4. A copy of the Uniform Invoice-transaction reporting
14    return referred to in Section 5-402 of this Chapter;
15        5. In the case of a rebuilt vehicle, a copy of the
16    Disclosure of Rebuilt Vehicle Status; and
17        6. In the case of a vehicle for which the warranty has
18    been reinstated, a copy of the warranty.
19    (j) A real estate broker holding a valid certificate of
20registration issued pursuant to "The Real Estate Brokers and
21Salesmen License Act" may engage in the business of selling or
22dealing in house trailers not his own without being licensed as
23a used vehicle dealer under this Section; however such broker
24shall maintain a record of the transaction including the
25following:
26        (1) the name and address of the buyer and seller,

 

 

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1        (2) the date of sale,
2        (3) a description of the mobile home, including the
3    vehicle identification number, make, model, and year, and
4        (4) the Illinois certificate of title number.
5    The foregoing records shall be available for inspection by
6any officer of the Secretary of State's Office at any
7reasonable hour.
8    (k) Except at the time of sale or repossession of the
9vehicle, no person licensed as a used vehicle dealer may issue
10any other person a newly created key to a vehicle unless the
11used vehicle dealer makes a color photocopy or electronic scan
12of the driver's license or State identification card of the
13person requesting or obtaining the newly created key. The used
14vehicle dealer must retain the photocopy or scan for 30 days.
15    A used vehicle dealer who violates this subsection (k) is
16guilty of a petty offense. Violation of this subsection (k) is
17not cause to suspend, revoke, cancel, or deny renewal of the
18used vehicle dealer's license.
19    (l) Used vehicle dealers licensed under this Section shall
20provide the Secretary of State a register for the sale at
21auction of each salvage or junk certificate vehicle. Each
22register shall include the following information:
23        1. The year, make, model, style and color of the
24    vehicle;
25        2. The vehicle's manufacturer's identification number
26    or, if applicable, the Secretary of State or Illinois

 

 

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1    Department of State Police identification number;
2        3. The date of acquisition of the vehicle;
3        4. The name and address of the person from whom the
4    vehicle was acquired;
5        5. The name and address of the person to whom any
6    vehicle was disposed, the person's Illinois license number
7    or if the person is an out-of-state salvage vehicle buyer,
8    the license number from the state or jurisdiction where the
9    buyer is licensed; and
10        6. The purchase price of the vehicle.
11    The register shall be submitted to the Secretary of State
12via written or electronic means within 10 calendar days from
13the date of the auction.
14(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19;
15101-505, eff. 1-1-20.)
 
16    (625 ILCS 5/5-102.8)
17    Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
18dealers.
19    (a) As used in this Section, "Buy Here, Pay Here used
20vehicle dealer" means any entity that engages in the business
21of selling or leasing of vehicles and finances the sale or
22purchase price of the vehicle to a customer without the
23customer using a third-party lender.
24    (b) No person shall engage in the business of selling or
25dealing in, on consignment or otherwise, 5 or more used

 

 

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1vehicles of any make during the year (except rebuilt salvage
2vehicles sold by their rebuilders to persons licensed under
3this Chapter), or act as an intermediary, agent, or broker for
4any licensed dealer or vehicle purchaser (other than as a
5salesperson) or represent or advertise that he or she is so
6engaged or intends to so engage in such business of a Buy Here,
7Pay Here used vehicle dealer unless licensed to do so by the
8Secretary of State under the provisions of this Section.
9    (c) An application for a Buy Here, Pay Here used vehicle
10dealer's license shall be filed with the Secretary of State,
11duly verified by oath, in such form as the Secretary of State
12may by rule or regulation prescribe and shall contain:
13        (1) The name and type of business organization
14    established and additional places of business, if any, in
15    this State.
16        (2) If the applicant is a corporation, a list of its
17    officers, directors, and shareholders having a 10% or
18    greater ownership interest in the corporation, setting
19    forth the residence address of each; if the applicant is a
20    sole proprietorship, a partnership, an unincorporated
21    association, a trust, or any similar form of business
22    organization, the names and residence address of the
23    proprietor or of each partner, member, officer, director,
24    trustee, or manager.
25        (3) A statement that the applicant has been approved
26    for registration under the Retailers' Occupation Tax Act by

 

 

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1    the Department of Revenue. However, this requirement does
2    not apply to a dealer who is already licensed hereunder
3    with the Secretary of State, and who is merely applying for
4    a renewal of his or her license. As evidence of this fact,
5    the application shall be accompanied by a certification
6    from the Department of Revenue showing that the Department
7    has approved the applicant for registration under the
8    Retailers' Occupation Tax Act.
9        (4) A statement that the applicant has complied with
10    the appropriate liability insurance requirement. A
11    Certificate of Insurance in a solvent company authorized to
12    do business in the State of Illinois shall be included with
13    each application covering each location at which he or she
14    proposes to act as a Buy Here, Pay Here used vehicle
15    dealer. The policy must provide liability coverage in the
16    minimum amounts of $100,000 for bodily injury to, or death
17    of, any person, $300,000 for bodily injury to, or death of,
18    2 or more persons in any one accident, and $50,000 for
19    damage to property. Such policy shall expire not sooner
20    than December 31 of the year for which the license was
21    issued or renewed. The expiration of the insurance policy
22    shall not terminate the liability under the policy arising
23    during the period for which the policy was filed.
24        If the permitted user has a liability insurance policy
25    that provides automobile liability insurance coverage of
26    at least $100,000 for bodily injury to or the death of any

 

 

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1    person, $300,000 for bodily injury to or the death of any 2
2    or more persons in any one accident, and $50,000 for damage
3    to property, then the permitted user's insurer shall be the
4    primary insurer and the dealer's insurer shall be the
5    secondary insurer. If the permitted user does not have a
6    liability insurance policy that provides automobile
7    liability insurance coverage of at least $100,000 for
8    bodily injury to or the death of any person, $300,000 for
9    bodily injury to or the death of any 2 or more persons in
10    any one accident, and $50,000 for damage to property, or
11    does not have any insurance at all, then the dealer's
12    insurer shall be the primary insurer and the permitted
13    user's insurer shall be the secondary insurer.
14        When a permitted user is "test driving" a Buy Here, Pay
15    Here used vehicle dealer's automobile, the Buy Here, Pay
16    Here used vehicle dealer's insurance shall be primary and
17    the permitted user's insurance shall be secondary.
18        As used in this paragraph, "permitted user" means a
19    person who, with the permission of the Buy Here, Pay Here
20    used vehicle dealer or an employee of the Buy Here, Pay
21    Here used vehicle dealer, drives a vehicle owned and held
22    for sale or lease by the Buy Here, Pay Here used vehicle
23    dealer that the person is considering to purchase or lease,
24    in order to evaluate the performance, reliability, or
25    condition of the vehicle. "Permitted user" includes a
26    person who, with the permission of the Buy Here, Pay Here

 

 

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1    used vehicle dealer, drives a vehicle owned or held for
2    sale or lease by the Buy Here, Pay Here used vehicle dealer
3    for loaner purposes while the user's vehicle is being
4    repaired or evaluated.
5        As used in this paragraph, "test driving" occurs when a
6    permitted user who, with the permission of the Buy Here,
7    Pay Here used vehicle dealer or an employee of the Buy
8    Here, Pay Here used vehicle dealer, drives a vehicle owned
9    and held for sale or lease by a Buy Here, Pay Here used
10    vehicle dealer that the person is considering to purchase
11    or lease, in order to evaluate the performance,
12    reliability, or condition of the vehicle.
13        As used in this paragraph, "loaner purposes" means when
14    a person who, with the permission of the Buy Here, Pay Here
15    used vehicle dealer, drives a vehicle owned or held for
16    sale or lease by the used vehicle dealer while the user's
17    vehicle is being repaired or evaluated.
18        (5) An application for a Buy Here, Pay Here used
19    vehicle dealer's license shall be accompanied by the
20    following license fees:
21            (A) $1,000 for the applicant's established place
22        of business, and $50 for each additional place of
23        business, if any, to which the application pertains;
24        however, if the application is made after June 15 of
25        any year, the license fee shall be $500 for the
26        applicant's established place of business plus $25 for

 

 

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1        each additional place of business, if any, to which the
2        application pertains. License fees shall be returnable
3        only if the application is denied by the Secretary of
4        State. Of the money received by the Secretary of State
5        as license fees under this subparagraph, 95% shall be
6        deposited into the General Revenue Fund.
7            (B) Except for dealers selling 25 or fewer
8        automobiles or as provided in subsection (h) of Section
9        5-102.7 of this Code, an Annual Dealer Recovery Fund
10        Fee in the amount of $500 for the applicant's
11        established place of business, and $50 for each
12        additional place of business, if any, to which the
13        application pertains; but if the application is made
14        after June 15 of any year, the fee shall be $250 for
15        the applicant's established place of business plus $25
16        for each additional place of business, if any, to which
17        the application pertains. For a license renewal
18        application, the fee shall be based on the amount of
19        automobiles sold in the past year according to the
20        following formula:
21                (1) $0 for dealers selling 25 or less
22            automobiles;
23                (2) $150 for dealers selling more than 25 but
24            less than 200 automobiles;
25                (3) $300 for dealers selling 200 or more
26            automobiles but less than 300 automobiles; and

 

 

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1                (4) $500 for dealers selling 300 or more
2            automobiles.
3            Fees shall be returnable only if the application is
4        denied by the Secretary of State. Money received under
5        this subparagraph shall be deposited into the Dealer
6        Recovery Trust Fund. A Buy Here, Pay Here used vehicle
7        dealer shall pay into the Dealer Recovery Trust Fund
8        for every vehicle that is financed, sold, or otherwise
9        transferred to an individual or entity other than the
10        Buy Here, Pay Here used vehicle dealer even if the
11        individual or entity to which the Buy Here, Pay Here
12        used vehicle dealer transfers the vehicle is unable to
13        continue to adhere to the terms of the transaction by
14        the Buy Here, Pay Here used vehicle dealer.
15        (6) A statement that each officer, director,
16    shareholder having a 10% or greater ownership interest
17    therein, proprietor, partner, member, officer, director,
18    trustee, manager, or other principal in the business of the
19    applicant has not committed in the past 3 years any one
20    violation as determined in any civil, criminal, or
21    administrative proceedings of any one of the following:
22            (A) the Anti-Theft Laws of this Code;
23            (B) the Certificate of Title Laws of this Code;
24            (C) the Offenses against Registration and
25        Certificates of Title Laws of this Code;
26            (D) the Dealers, Transporters, Wreckers and

 

 

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1        Rebuilders Laws of this Code;
2            (E) Section 21-2 of the Illinois Criminal Code of
3        1961 or the Criminal Code of 2012, Criminal Trespass to
4        Vehicles; or
5            (F) the Retailers' Occupation Tax Act.
6        (7) A statement that each officer, director,
7    shareholder having a 10% or greater ownership interest
8    therein, proprietor, partner, member, officer, director,
9    trustee, manager, or other principal in the business of the
10    applicant has not committed in any calendar year 3 or more
11    violations, as determined in any civil, criminal, or
12    administrative proceedings, of any one or more of the
13    following:
14            (A) the Consumer Finance Act;
15            (B) the Consumer Installment Loan Act;
16            (C) the Retail Installment Sales Act;
17            (D) the Motor Vehicle Retail Installment Sales
18        Act;
19            (E) the Interest Act;
20            (F) the Illinois Wage Assignment Act;
21            (G) Part 8 of Article XII of the Code of Civil
22        Procedure; or
23            (H) the Consumer Fraud and Deceptive Business
24        Practices Act.
25        (8) A statement that, within 10 years of application,
26    each officer, director, shareholder having a 10% or greater

 

 

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1    ownership interest therein, proprietor, partner, member,
2    officer, director, trustee, manager, or other principal in
3    the business of the applicant has not committed, as
4    determined in any civil, criminal, or administrative
5    proceeding, in any calendar year one or more forcible
6    felonies under the Criminal Code of 1961 or the Criminal
7    Code of 2012, or a violation of either or both Article 16
8    or 17 of the Criminal Code of 1961, or a violation of
9    either or both Article 16 or 17 of the Criminal Code of
10    2012, Article 29B of the Criminal Code of 1961 or the
11    Criminal Code of 2012, or a similar out-of-state offense.
12    For the purposes of this paragraph, "forcible felony" has
13    the meaning provided in Section 2-8 of the Criminal Code of
14    2012.
15        (9) A bond or Certificate of Deposit in the amount of
16    $50,000 for each location at which the applicant intends to
17    act as a Buy Here, Pay Here used vehicle dealer. The bond
18    shall be for the term of the license. The bond shall run to
19    the People of the State of Illinois, with surety by a
20    bonding or insurance company authorized to do business in
21    this State. It shall be conditioned upon the proper
22    transmittal of all title and registration fees and taxes
23    (excluding taxes under the Retailers' Occupation Tax Act)
24    accepted by the applicant as a Buy Here, Pay Here used
25    vehicle dealer.
26        (10) Such other information concerning the business of

 

 

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1    the applicant as the Secretary of State may by rule
2    prescribe.
3        (11) A statement that the applicant understands
4    Chapter 1 through Chapter 5 of this Code.
5        (12) A copy of the certification from the prelicensing
6    education program.
7        (13) The full name, address, and contact information of
8    each of the dealer's agents or legal representatives who is
9    an Illinois resident and liable for the performance of the
10    dealership.
11    (d) Any change that renders no longer accurate any
12information contained in any application for a Buy Here, Pay
13Here used vehicle dealer's license shall be amended within 30
14days after the occurrence of each change on such form as the
15Secretary of State may prescribe by rule, accompanied by an
16amendatory fee of $2.
17    (e) Anything in this Chapter to the contrary
18notwithstanding, no person shall be licensed as a Buy Here, Pay
19Here used vehicle dealer unless the person maintains an
20established place of business as defined in this Chapter.
21    (f) The Secretary of State shall, within a reasonable time
22after receipt, examine an application submitted under this
23Section. Unless the Secretary makes a determination that the
24application does not conform to this Section or that grounds
25exist for a denial of the application under Section 5-501 of
26this Chapter, the Secretary must grant the applicant an

 

 

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1original Buy Here, Pay Here used vehicle dealer's license in
2writing for his or her established place of business and a
3supplemental license in writing for each additional place of
4business in such form as the Secretary may prescribe by rule
5that shall include the following:
6        (1) The name of the person licensed.
7        (2) If a corporation, the name and address of its
8    officers or if a sole proprietorship, a partnership, an
9    unincorporated association, or any similar form of
10    business organization, the name and address of the
11    proprietor or of each partner, member, officer, director,
12    trustee, or manager.
13        (3) In the case of an original license, the established
14    place of business of the licensee.
15        (4) In the case of a supplemental license, the
16    established place of business of the licensee and the
17    additional place of business to which the supplemental
18    license pertains.
19        (5) The full name, address, and contact information of
20    each of the dealer's agents or legal representatives who is
21    an Illinois resident and liable for the performance of the
22    dealership.
23    (g) The appropriate instrument evidencing the license or a
24certified copy thereof, provided by the Secretary of State
25shall be kept posted, conspicuously, in the established place
26of business of the licensee and in each additional place of

 

 

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1business, if any, maintained by the licensee.
2    (h) Except as provided in subsection (i), all Buy Here, Pay
3Here used vehicle dealer's licenses granted under this Section
4expire by operation of law on December 31 of the calendar year
5for which they are granted unless sooner revoked or cancelled
6under Section 5-501 of this Chapter.
7    (i) A Buy Here, Pay Here used vehicle dealer's license may
8be renewed upon application and payment of the fee required
9herein, and submission of proof of coverage by an approved bond
10under the Retailers' Occupation Tax Act or proof that the
11applicant is not subject to such bonding requirements, as in
12the case of an original license, but in the case of an
13application for the renewal of an effective license made during
14the month of December, the effective license shall remain in
15force until the application for renewal is granted or denied by
16the Secretary of State.
17    (j) Each person licensed as a Buy Here, Pay Here used
18vehicle dealer is required to furnish each purchaser of a motor
19vehicle:
20        (1) a certificate of title properly assigned to the
21    purchaser;
22        (2) a statement verified under oath that all
23    identifying numbers on the vehicle agree with those on the
24    certificate of title;
25        (3) a bill of sale properly executed on behalf of the
26    person;

 

 

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1        (4) a copy of the Uniform Invoice-transaction
2    reporting return referred to in Section 5-402;
3        (5) in the case of a rebuilt vehicle, a copy of the
4    Disclosure of Rebuilt Vehicle Status; and
5        (6) in the case of a vehicle for which the warranty has
6    been reinstated, a copy of the warranty.
7    (k) Except at the time of sale or repossession of the
8vehicle, no person licensed as a Buy Here, Pay Here used
9vehicle dealer may issue any other person a newly created key
10to a vehicle unless the Buy Here, Pay Here used vehicle dealer
11makes a color photocopy or electronic scan of the driver's
12license or State identification card of the person requesting
13or obtaining the newly created key. The Buy Here, Pay Here used
14vehicle dealer must retain the photocopy or scan for 30 days.
15    A Buy Here, Pay Here used vehicle dealer who violates this
16subsection (k) is guilty of a petty offense. Violation of this
17subsection (k) is not cause to suspend, revoke, cancel, or deny
18renewal of the used vehicle dealer's license.
19    (l) A Buy Here, Pay Here used vehicle dealer licensed under
20this Section shall provide the Secretary of State a register
21for the sale at auction of each salvage or junk certificate
22vehicle. Each register shall include the following
23information:
24        (1) the year, make, model, style, and color of the
25    vehicle;
26        (2) the vehicle's manufacturer's identification number

 

 

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1    or, if applicable, the Secretary of State or Illinois
2    Department of State Police identification number;
3        (3) the date of acquisition of the vehicle;
4        (4) the name and address of the person from whom the
5    vehicle was acquired;
6        (5) the name and address of the person to whom any
7    vehicle was disposed, the person's Illinois license number
8    or, if the person is an out-of-state salvage vehicle buyer,
9    the license number from the state or jurisdiction where the
10    buyer is licensed; and
11        (6) the purchase price of the vehicle.
12    The register shall be submitted to the Secretary of State
13via written or electronic means within 10 calendar days from
14the date of the auction.
15(Source: P.A. 101-505, eff. 1-1-20.)
 
16    (625 ILCS 5/5-301)  (from Ch. 95 1/2, par. 5-301)
17    Sec. 5-301. Automotive parts recyclers, scrap processors,
18repairers and rebuilders must be licensed.
19    (a) No person in this State shall, except as an incident to
20the servicing of vehicles, carry on or conduct the business of
21an automotive parts recycler, a scrap processor, a repairer, or
22a rebuilder, unless licensed to do so in writing by the
23Secretary of State under this Section. No person shall rebuild
24a salvage vehicle unless such person is licensed as a rebuilder
25by the Secretary of State under this Section. No person shall

 

 

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1engage in the business of acquiring 5 or more previously owned
2vehicles in one calendar year for the primary purpose of
3disposing of those vehicles in the manner described in the
4definition of a "scrap processor" in this Code unless the
5person is licensed as an automotive parts recycler by the
6Secretary of State under this Section. No person shall engage
7in the act of dismantling, crushing, or altering a vehicle into
8another form using machinery or equipment unless licensed to do
9so and only from the fixed location identified on the license
10issued by the Secretary. Each license shall be applied for and
11issued separately, except that a license issued to a new
12vehicle dealer under Section 5-101 of this Code shall also be
13deemed to be a repairer license.
14    (b) Any application filed with the Secretary of State,
15shall be duly verified by oath, in such form as the Secretary
16of State may by rule or regulation prescribe and shall contain:
17        1. The name and type of business organization of the
18    applicant and his principal or additional places of
19    business, if any, in this State.
20        2. The kind or kinds of business enumerated in
21    subsection (a) of this Section to be conducted at each
22    location.
23        3. If the applicant is a corporation, a list of its
24    officers, directors, and shareholders having a ten percent
25    or greater ownership interest in the corporation, setting
26    forth the residence address of each; if the applicant is a

 

 

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1    sole proprietorship, a partnership, an unincorporated
2    association, a trust, or any similar form of business
3    organization, the names and residence address of the
4    proprietor or of each partner, member, officer, director,
5    trustee or manager.
6        4. A statement that the applicant's officers,
7    directors, shareholders having a ten percent or greater
8    ownership interest therein, proprietor, partner, member,
9    officer, director, trustee, manager, or other principals
10    in the business have not committed in the past three years
11    any one violation as determined in any civil or criminal or
12    administrative proceedings of any one of the following
13    Acts:
14            (a) the Anti-Theft Laws of the Illinois Vehicle
15        Code;
16            (b) the "Certificate of Title Laws" of the Illinois
17        Vehicle Code;
18            (c) the "Offenses against Registration and
19        Certificates of Title Laws" of the Illinois Vehicle
20        Code;
21            (d) the "Dealers, Transporters, Wreckers and
22        Rebuilders Laws" of the Illinois Vehicle Code;
23            (e) Section 21-2 of the Criminal Code of 1961 or
24        the Criminal Code of 2012, Criminal Trespass to
25        Vehicles; or
26            (f) the Retailers Occupation Tax Act.

 

 

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1        5. A statement that the applicant's officers,
2    directors, shareholders having a ten percent or greater
3    ownership interest therein, proprietor, partner, member,
4    officer, director, trustee, manager or other principals in
5    the business have not committed in any calendar year 3 or
6    more violations, as determined in any civil or criminal or
7    administrative proceedings, of any one or more of the
8    following Acts:
9            (a) the Consumer Finance Act;
10            (b) the Consumer Installment Loan Act;
11            (c) the Retail Installment Sales Act;
12            (d) the Motor Vehicle Retail Installment Sales
13        Act;
14            (e) the Interest Act;
15            (f) the Illinois Wage Assignment Act;
16            (g) Part 8 of Article XII of the Code of Civil
17        Procedure; or
18            (h) the Consumer Fraud Act.
19        6. An application for a license shall be accompanied by
20    the following fees: $50 for applicant's established place
21    of business; $25 for each additional place of business, if
22    any, to which the application pertains; provided, however,
23    that if such an application is made after June 15 of any
24    year, the license fee shall be $25 for applicant's
25    established place of business plus $12.50 for each
26    additional place of business, if any, to which the

 

 

SB3197- 96 -LRB101 16413 HEP 67408 b

1    application pertains. License fees shall be returnable
2    only in the event that such application shall be denied by
3    the Secretary of State.
4        7. A statement that the applicant understands Chapter 1
5    through Chapter 5 of this Code.
6        8. A statement that the applicant shall comply with
7    subsection (e) of this Section.
8        9. A statement indicating if the applicant, including
9    any of the applicant's affiliates or predecessor
10    corporations, has been subject to the revocation or
11    nonrenewal of a business license by a municipality under
12    Section 5-501.5 of this Code.
13        10. The applicant's National Motor Vehicle Title
14    Information System number and a statement of compliance if
15    applicable.
16        11. The full name, address, and contact information of
17    each of the dealer's agents or legal representatives who is
18    an Illinois resident and liable for the performance of the
19    dealership.
20    (c) Any change which renders no longer accurate any
21information contained in any application for a license filed
22with the Secretary of State shall be amended within 30 days
23after the occurrence of such change on such form as the
24Secretary of State may prescribe by rule or regulation,
25accompanied by an amendatory fee of $2.
26    (d) Anything in this Chapter to the contrary,

 

 

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1notwithstanding, no person shall be licensed under this Section
2unless such person shall maintain an established place of
3business as defined in this Chapter.
4    (e) The Secretary of State shall within a reasonable time
5after receipt thereof, examine an application submitted to him
6under this Section and unless he makes a determination that the
7application submitted to him does not conform with the
8requirements of this Section or that grounds exist for a denial
9of the application, as prescribed in Section 5-501 of this
10Chapter, grant the applicant an original license as applied for
11in writing for his established place of business and a
12supplemental license in writing for each additional place of
13business in such form as he may prescribe by rule or regulation
14which shall include the following:
15        1. the name of the person licensed;
16        2. if a corporation, the name and address of its
17    officers or if a sole proprietorship, a partnership, an
18    unincorporated association or any similar form of business
19    organization, the name and address of the proprietor or of
20    each partner, member, officer, director, trustee or
21    manager;
22        3. a designation of the kind or kinds of business
23    enumerated in subsection (a) of this Section to be
24    conducted at each location;
25        4. in the case of an original license, the established
26    place of business of the licensee;

 

 

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1        5. in the case of a supplemental license, the
2    established place of business of the licensee and the
3    additional place of business to which such supplemental
4    license pertains; .
5        6. the full name, address, and contact information of
6    each of the dealer's agents or legal representatives who is
7    an Illinois resident and liable for the performance of the
8    dealership.
9    (f) The appropriate instrument evidencing the license or a
10certified copy thereof, provided by the Secretary of State
11shall be kept, posted, conspicuously in the established place
12of business of the licensee and in each additional place of
13business, if any, maintained by such licensee. The licensee
14also shall post conspicuously in the established place of
15business and in each additional place of business a notice
16which states that such business is required to be licensed by
17the Secretary of State under Section 5-301, and which provides
18the license number of the business and the license expiration
19date. This notice also shall advise the consumer that any
20complaints as to the quality of service may be brought to the
21attention of the Attorney General. The information required on
22this notice also shall be printed conspicuously on all
23estimates and receipts for work by the licensee subject to this
24Section. The Secretary of State shall prescribe the specific
25format of this notice.
26    (g) Except as provided in subsection (h) hereof, licenses

 

 

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1granted under this Section shall expire by operation of law on
2December 31 of the calendar year for which they are granted
3unless sooner revoked, nonrenewed, or cancelled under the
4provisions of Section 5-501 or 5-501.5 of this Chapter.
5    (h) Any license granted under this Section may be renewed
6upon application and payment of the fee required herein as in
7the case of an original license, provided, however, that in
8case an application for the renewal of an effective license is
9made during the month of December, such effective license shall
10remain in force until such application is granted or denied by
11the Secretary of State.
12    (i) All automotive repairers and rebuilders shall, in
13addition to the requirements of subsections (a) through (h) of
14this Section, meet the following licensing requirements:
15        1. provide proof that the property on which first time
16    applicants plan to do business is in compliance with local
17    zoning laws and regulations, and a listing of zoning
18    classification;
19        2. provide proof that the applicant for a repairer's
20    license complies with the proper workers' compensation
21    rate code or classification, and listing the code of
22    classification for that industry;
23        3. provide proof that the applicant for a rebuilder's
24    license complies with the proper workers' compensation
25    rate code or classification for the repair industry or the
26    auto parts recycling industry and listing the code of

 

 

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1    classification;
2        4. provide proof that the applicant has obtained or
3    applied for a hazardous waste generator number, and listing
4    the actual number if available or certificate of exemption;
5        5. provide proof that applicant has proper liability
6    insurance, and listing the name of the insurer and the
7    policy number; and
8        6. provide proof that the applicant has obtained or
9    applied for the proper State sales tax classification and
10    federal identification tax number, and listing the actual
11    numbers if available.
12    (i-1) All automotive repairers shall provide proof that
13they comply with all requirements of the Automotive Collision
14Repair Act.
15    (j) All automotive parts recyclers shall, in addition to
16the requirements of subsections (a) through (h) of this
17Section, meet the following licensing requirements:
18        1. provide a statement that the applicant purchases 5
19    vehicles per year or has 5 hulks or chassis in stock;
20        2. provide proof that the property on which all first
21    time applicants will do business does comply to the proper
22    local zoning laws in existence, and a listing of zoning
23    classifications;
24        3. provide proof that applicant complies with the
25    proper workers' compensation rate code or classification,
26    and listing the code of classification; and

 

 

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1        4. provide proof that applicant has obtained or applied
2    for the proper State sales tax classification and federal
3    identification tax number, and listing the actual numbers
4    if available.
5(Source: P.A. 100-409, eff. 8-25-17; 101-572, eff. 8-23-19.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    625 ILCS 5/1-213.8 new
4    625 ILCS 5/3-104from Ch. 95 1/2, par. 3-104
5    625 ILCS 5/3-104.5
6    625 ILCS 5/3-113from Ch. 95 1/2, par. 3-113
7    625 ILCS 5/3-202from Ch. 95 1/2, par. 3-202
8    625 ILCS 5/3-209from Ch. 95 1/2, par. 3-209
9    625 ILCS 5/3-403from Ch. 95 1/2, par. 3-403
10    625 ILCS 5/3-405.1from Ch. 95 1/2, par. 3-405.1
11    625 ILCS 5/3-506
12    625 ILCS 5/3-802from Ch. 95 1/2, par. 3-802
13    625 ILCS 5/3-805from Ch. 95 1/2, par. 3-805
14    625 ILCS 5/3-806.1from Ch. 95 1/2, par. 3-806.1
15    625 ILCS 5/3-806.5
16    625 ILCS 5/5-100from Ch. 95 1/2, par. 5-100
17    625 ILCS 5/5-101from Ch. 95 1/2, par. 5-101
18    625 ILCS 5/5-101.1
19    625 ILCS 5/5-101.2
20    625 ILCS 5/5-102from Ch. 95 1/2, par. 5-102
21    625 ILCS 5/5-102.8
22    625 ILCS 5/5-301from Ch. 95 1/2, par. 5-301