Full Text of HB3269 101st General Assembly
HB3269enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alternate Fuels Act is amended by changing | 5 | | Section 35 as follows:
| 6 | | (415 ILCS 120/35)
| 7 | | Sec. 35. User fees.
| 8 | | (a) The Office of
the Secretary of State shall collect | 9 | | annual user fees from any individual,
partnership, | 10 | | association, corporation, or agency of the United States
| 11 | | government that registers any combination of 10 or more of the | 12 | | following types
of motor vehicles in the Covered Area: (1) | 13 | | vehicles of the First Division,
as defined in the Illinois | 14 | | Vehicle Code; (2) vehicles of the Second Division
registered | 15 | | under the B, C, D, F, H, MD, MF, MG, MH and MJ plate categories, | 16 | | as
defined in the Illinois Vehicle Code; and (3) commuter vans | 17 | | and livery vehicles
as defined in the Illinois Vehicle Code. | 18 | | This Section does not apply to
vehicles registered under the | 19 | | International Registration Plan under Section
3-402.1 of the | 20 | | Illinois Vehicle Code. The user fee shall be $20 for each
| 21 | | vehicle registered in the Covered Area for each fiscal year. | 22 | | The Office of
the Secretary of State shall collect the $20 when | 23 | | a vehicle's registration
fee is paid.
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| 1 | | (b) Owners of State, county, and local government
vehicles, | 2 | | rental vehicles, antique vehicles, expanded-use antique | 3 | | vehicles, electric vehicles,
and motorcycles are exempt from | 4 | | paying the user fees on such
vehicles.
| 5 | | (c) The Office of the Secretary of State shall deposit the | 6 | | user fees
collected into the Alternate Fuels Fund.
| 7 | | (Source: P.A. 97-412, eff. 1-1-12.)
| 8 | | Section 10. The Illinois Vehicle Code is amended by | 9 | | changing Sections 3-601, 3-602, 3-904, 5-101, 5-102, 5-102.5, | 10 | | 5-102.7, 5-401.2, 5-402.1, 5-403.1, 5-501 and 5-503 and by | 11 | | adding Sections 3-904.2, 3-904.5, 5-102.8, and 5-102.9 as | 12 | | follows:
| 13 | | (625 ILCS 5/3-601) (from Ch. 95 1/2, par. 3-601)
| 14 | | Sec. 3-601. Operation of vehicles under special plates.
| 15 | | (a) A manufacturer owning any unregistered vehicle of a | 16 | | type otherwise
required to be registered under this Act may | 17 | | operate or move such upon the
highways without registering each | 18 | | such vehicle upon condition that any such
vehicle display | 19 | | thereon, a special plate or plates issued to such owner as
| 20 | | provided in this Article.
| 21 | | (b) A dealer owning any unregistered vehicle of a type | 22 | | otherwise
required to be registered under this Act and held by | 23 | | him for sale or
resale, may operate or move such upon the | 24 | | highways without registering each
such vehicle upon condition |
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| 1 | | that any such vehicle display thereon a special
plate or plates | 2 | | issued to such owner as provided in this Article. A dealer may | 3 | | use a special plate issued to the dealer to transport a vehicle | 4 | | sold to a customer either by towing or by driving the sold | 5 | | vehicle with the special plate attached to the vehicle.
| 6 | | (c) A transporter may operate or move any vehicle not owned | 7 | | by him upon
the highways by the driveaway or towaway methods | 8 | | solely for the purpose of
delivery upon likewise displaying | 9 | | thereon like plates issued to him as
provided in this Article.
| 10 | | (d) A boat dealer owning any boat trailer of a type | 11 | | otherwise required
to be registered under this Act may operate | 12 | | or move such upon the highways
and haul a boat customarily sold | 13 | | with such boat trailer, without
registering each such boat | 14 | | trailer upon condition that any such boat
trailer display | 15 | | thereon, in the manner prescribed in Section 3-413, a
special | 16 | | plate or plates issued to such owner as provided in this | 17 | | Article.
| 18 | | (e) Any person owning unregistered vehicles of a type | 19 | | required to be
registered and which are exclusively operated | 20 | | off the highways and upon
private property, may move such | 21 | | vehicles from one plant location to another
upon the highways | 22 | | without registering each such vehicle upon conditions
that any | 23 | | such vehicle display thereon a special plate or plates issued | 24 | | to
such persons as provided in this Article. Such vehicles must | 25 | | be unladen and
may not be operated upon any highways with such | 26 | | special plates except for
the interplant movement.
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| 1 | | (f) Any person owning a vehicle of a type required to be | 2 | | registered
which when purchased is not yet equipped for work or | 3 | | service, may move such
vehicle from the point of original | 4 | | manufacture or sale to a body shop or
other place where the | 5 | | vehicle is to be equipped for work or service and
from such | 6 | | point to the owner's place of business without first | 7 | | registering
each such vehicle upon condition that any such | 8 | | vehicle display thereon a
special plate or plates issued to | 9 | | such person as provided in this Article.
Upon completion of | 10 | | such movement, any such vehicle subject to registration
must be | 11 | | properly registered.
| 12 | | (g) Special plates issued under this Article must be | 13 | | displayed in the
manner provided for in Section 3-413.
| 14 | | (h) Any such vehicle bearing such special plate or plates | 15 | | may be
operated without registration for any purpose, except | 16 | | that no such special
plate or plates shall be used on any | 17 | | vehicle which is rented by the
manufacturer or dealer to | 18 | | another person or which is used to transport
passengers or | 19 | | property for hire, nor, except as provided in paragraph (i)
of | 20 | | this Section, shall any such special plate or plates be used on | 21 | | a second
division vehicle which is carrying cargo or | 22 | | merchandise except in
demonstrating such second division | 23 | | vehicle for the purposes of sale, or for
the purpose of testing | 24 | | engine and driveline components.
| 25 | | (i) The provisions of this Article authorizing special | 26 | | plates shall not
apply to work or service vehicles owned by a |
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| 1 | | manufacturer, transporter or
dealer except a truck up to 8,000 | 2 | | pounds gross weight owned by a dealer and
used for hauling | 3 | | parts incidental to the operation of the dealer's
business.
| 4 | | (j) The Secretary of State may limit the number of special | 5 | | plates issued
to any applicant.
| 6 | | (Source: P.A. 78-753; 78-1297.)
| 7 | | (625 ILCS 5/3-602) (from Ch. 95 1/2, par. 3-602)
| 8 | | Sec. 3-602.
Certificate and special plates for dealers, | 9 | | manufacturers,
and transporters.
| 10 | | (a) Any dealer, manufacturer, or transporter
may make | 11 | | application to the Secretary of State upon the appropriate form
| 12 | | for a certificate containing a general distinguishing number | 13 | | and for one or
more sets of special plates as appropriate to | 14 | | various types
of vehicles subject to registration hereunder. | 15 | | The applicant shall
submit such proof of his or her status as a | 16 | | bona fide dealer,
manufacturer,
or transporter as may be | 17 | | reasonably required by the Secretary of State.
| 18 | | (b) The Secretary of State, upon granting any such | 19 | | application, shall
issue to the applicant a certificate | 20 | | containing the applicant's name and
address and special plates | 21 | | as applied for. Both the certificates and
special plates shall | 22 | | display the general distinguishing number assigned
to the | 23 | | applicant.
| 24 | | (c) The Secretary of State shall issue special plates to | 25 | | dealers and
manufacturers in accordance with the following |
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| 1 | | formula:
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2 | | number vehicles |
maximum number sets |
maximum number |
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3 | | sold in previous |
of special plates |
additional sets |
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4 | | calendar year |
issued at fee set |
issued at fee |
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5 | | |
by Sec. 3-810 |
set by Sec. 3-806 |
|
6 | | 0 |
0 |
0 |
|
7 | | 1-10 |
1 |
1 |
|
8 | | 11-25 |
2 |
2 |
|
9 | | 26-100 |
8 |
8 |
|
10 | | 101-250 |
12 |
12 |
|
11 | | 251-500 |
20 |
20 |
|
12 | | 501-750 |
30 |
30 |
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13 | | 751-1000 |
40 |
40 |
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14 | | 1001-1500 |
50 |
50 |
|
15 | | 1501-2000 |
60 |
60 |
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16 | | 2001-2500 |
70 |
70 |
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17 | | 2501+ |
90 |
90 |
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18 | | For those Dealers with annual sales over 2501, special | 19 | | plates will be
allocated based on 10 sets of plates under each | 20 | | section for each additional
500 vehicles sold.
| 21 | | The limit on the maximum number of additional sets issued | 22 | | to
manufacturers at the fee set by Section 3-806 may be lifted | 23 | | at the
discretion of the Secretary of State.
| 24 | | The Secretary shall issue to a new dealer or manufacturer | 25 | | not more than
8 sets of special plates at each fee. If the new | 26 | | dealer or manufacturer
has acquired his or her business from a |
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| 1 | | previous dealer or manufacturer, he
or she may
be issued a | 2 | | number of sets based upon the number of vehicles sold in the
| 3 | | previous calendar year by the previous dealer or manufacturer. | 4 | | If the new
dealer or manufacturer was in business for only a | 5 | | part of the previous calendar
year, the number of special | 6 | | plates to which he or she is entitled may be
extrapolated
from | 7 | | the number of vehicles he or she sold during that part of the | 8 | | year.
| 9 | | (c-5) The Secretary may limit the number of special plates | 10 | | authorized under this Section that are issued to dealers, | 11 | | manufacturers, or transporters based on factors including, but | 12 | | not limited to, sales of vehicles, revenue, or number of | 13 | | employees. | 14 | | (d) Any manufacturer of engine and driveline components may | 15 | | apply to the
Secretary of State for a license to operate | 16 | | vehicles in which such
components are installed on the public | 17 | | highways of the State for the
purpose of testing such | 18 | | components. The application shall describe the
components and | 19 | | the vehicles in which they are installed, and shall contain
| 20 | | such additional information as the Secretary shall prescribe. | 21 | | Upon receipt
of an application and an accompanying fee of | 22 | | $1000, the Secretary shall issue
to the applicant a license for | 23 | | the entire test period of the components
described in the | 24 | | application.
| 25 | | Every licensee shall keep a record of each vehicle operated | 26 | | under such
license which shall be open to inspection by the |
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| 1 | | Secretary or his
authorized representative for inspection at | 2 | | any reasonable time during the
day or night.
| 3 | | The license of a manufacturer of engine and driveline | 4 | | components may be
denied, revoked or suspended if the Secretary | 5 | | finds that the manufacturer
has:
| 6 | | (1) violated this Code;
| 7 | | (2) made any material misrepresentation to the | 8 | | Secretary of State in
connection with an application for a | 9 | | license; or
| 10 | | (3) failed to produce for the Secretary of State any | 11 | | record required to
be produced by this Code.
| 12 | | This amendatory Act of 1983 shall be applicable to the 1984 | 13 | | registration
year and thereafter.
| 14 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 15 | | (625 ILCS 5/3-904) (from Ch. 95 1/2, par. 3-904)
| 16 | | Sec. 3-904. Application ; contents; affidavits; prelicense | 17 | | education certification - Contents - Affidavits . | 18 | | (a) Any person who desires to act as a "remittance agent" | 19 | | shall first file
with the Secretary of State a written | 20 | | application for a license. The
application shall be under oath | 21 | | and shall contain the following:
| 22 | | 1. The name and address of the applicant.
| 23 | | 2. The address of each location at which the applicant | 24 | | intends to act as
a remittance agent.
| 25 | | 3. The applicant's business, occupation or profession.
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| 1 | | 4. A statement disclosing whether he has been involved | 2 | | in any civil or
criminal litigation and if so, the material | 3 | | facts pertaining thereto.
| 4 | | 5. A statement that the applicant has not committed in | 5 | | the past 3 years any violation as determined in any civil, | 6 | | criminal, or administrative proceedings under the | 7 | | Retailers' Occupation Tax Act or under Article I or VII of | 8 | | Chapter 3 of this Code. | 9 | | 6. Any other information concerning the business of the | 10 | | applicant that the Secretary of State may prescribe. | 11 | | (b) The application under subsection (a) shall be | 12 | | accompanied by the affidavits of two persons
residing in the | 13 | | city or town of such applicant's residence. Such affiants
shall | 14 | | state that they have known the applicant for a period of at | 15 | | least two
years; that the applicant is of good moral character | 16 | | and that his
reputation for honesty and business integrity in | 17 | | the community in which he
resides is good. If the applicant is | 18 | | not an individual, the requirements of
this paragraph shall | 19 | | apply to each of its officers or members.
| 20 | | (c) The application under subsection (a) shall be
| 21 | | accompanied by a copy of the certification from the
| 22 | | prelicensing education program required by Section 3-904.5. | 23 | | (Source: P.A. 97-832, eff. 7-20-12.)
| 24 | | (625 ILCS 5/3-904.2 new) | 25 | | Sec. 3-904.2. Remittance agent background check. Each |
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| 1 | | applicant for a remittance license shall have his or her | 2 | | fingerprints submitted to the Department of State Police in an | 3 | | electronic format that complies with the form and manner for | 4 | | requesting and furnishing criminal history record information | 5 | | as prescribed by the Department of State Police. These | 6 | | fingerprints shall be checked against the Department of State | 7 | | Police and Federal Bureau of Investigation criminal history | 8 | | record databases now and hereafter filed, including, but not | 9 | | limited to, civil, criminal, and latent fingerprint databases. | 10 | | The Department of State Police shall charge applicants a fee | 11 | | for conducting the criminal history records check, which shall | 12 | | be deposited in the State Police Services Fund and shall not | 13 | | exceed the actual cost of the records check. The Department of | 14 | | State Police shall furnish, pursuant to positive | 15 | | identification, records of Illinois convictions to the | 16 | | Secretary of State. | 17 | | (625 ILCS 5/3-904.5 new) | 18 | | Sec. 3-904.5. Remittance agent prelicensing education | 19 | | program courses. | 20 | | (a) An applicant for a license as a remittance agent shall
| 21 | | complete a minimum of 8 hours of prelicensing education program
| 22 | | courses under this Section prior to submitting an application
| 23 | | to the Secretary of State. | 24 | | (b) To meet the requirements of this Section, at least one
| 25 | | person who is associated with the remittance agent as an owner,
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| 1 | | principal, corporate officer, director, or member or partner of
| 2 | | a limited liability company or limited liability partnership
| 3 | | shall complete the education program courses. | 4 | | (c) The prelicensing education program courses shall be
| 5 | | provided by public or private entities with an expertise in the
| 6 | | area as approved by the Secretary of State. The Secretary of
| 7 | | State must approve course curricula and instruction, in
| 8 | | consultation with the Department of Transportation and any
| 9 | | private entity with expertise in the area in the Secretary's
| 10 | | discretion. | 11 | | (d) Each person who successfully completes an approved
| 12 | | prelicensing education program under this Section shall be
| 13 | | issued a certificate by the education program provider. The
| 14 | | current certificate of completion, or a copy of the current
| 15 | | certificate, shall be posted conspicuously in the principal
| 16 | | office of the licensee. | 17 | | (e) The provisions of this Section apply to all remittance
| 18 | | agents including, but not limited to, persons, corporations,
| 19 | | and partnerships, except for the following: | 20 | | (1) motor vehicle rental companies having a national
| 21 | | franchise; | 22 | | (2) national motor vehicle auction companies; | 23 | | (3) wholesale dealer-only auction companies; | 24 | | (4) used vehicle dealerships owned by a franchise motor | 25 | | vehicle dealer; and | 26 | | (5) banks, credit unions, and savings and loan
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| 1 | | associations.
| 2 | | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| 3 | | Sec. 5-101. New vehicle dealers must be licensed.
| 4 | | (a) No person shall engage in this State in the business of | 5 | | selling
or dealing in, on consignment or otherwise, new | 6 | | vehicles of any make, or
act as an intermediary or agent or | 7 | | broker for any licensed dealer or
vehicle purchaser other than | 8 | | as a salesperson, or represent or advertise
that he is so | 9 | | engaged or intends to so engage in such business unless
| 10 | | licensed to do so in writing by the Secretary of State under | 11 | | the
provisions of this Section.
| 12 | | (b) An application for a new vehicle dealer's license shall | 13 | | be filed
with the Secretary of State, duly verified by oath, on | 14 | | such form as the
Secretary of State may by rule or regulation | 15 | | prescribe and shall contain:
| 16 | | 1. The name and type of business organization of the | 17 | | applicant and
his established and additional places of | 18 | | business, if any, in this State.
| 19 | | 2. If the applicant is a corporation, a list of its | 20 | | officers,
directors, and shareholders having a ten percent | 21 | | or greater ownership
interest in the corporation, setting | 22 | | forth the residence address of
each; if the applicant is a | 23 | | sole proprietorship, a partnership, an
unincorporated | 24 | | association, a trust, or any similar form of business
| 25 | | organization, the name and residence address of the |
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| 1 | | proprietor or of
each partner, member, officer, director, | 2 | | trustee, or manager.
| 3 | | 3. The make or makes of new vehicles which the | 4 | | applicant will offer
for sale at retail in this State.
| 5 | | 4. The name of each manufacturer or franchised | 6 | | distributor, if any,
of new vehicles with whom the | 7 | | applicant has contracted for the sale of
such new vehicles. | 8 | | As evidence of this fact, the application shall be
| 9 | | accompanied by a signed statement from each such | 10 | | manufacturer or
franchised distributor. If the applicant | 11 | | is in the business of
offering for sale new conversion | 12 | | vehicles, trucks or vans, except for
trucks modified to | 13 | | serve a special purpose which includes but is not
limited | 14 | | to the following vehicles: street sweepers, fertilizer | 15 | | spreaders,
emergency vehicles, implements of husbandry or | 16 | | maintenance type vehicles,
he must furnish evidence of a | 17 | | sales and service agreement from both the
chassis | 18 | | manufacturer and second stage manufacturer.
| 19 | | 5. A statement that the applicant has been approved for | 20 | | registration
under the Retailers' Occupation Tax Act by the | 21 | | Department of Revenue:
Provided that this requirement does | 22 | | not apply to a dealer who is already
licensed hereunder | 23 | | with the Secretary of State, and who is merely applying
for | 24 | | a renewal of his license. As evidence of this fact, the | 25 | | application
shall be accompanied by a certification from | 26 | | the Department of Revenue
showing that that Department has |
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| 1 | | approved the applicant for registration
under the | 2 | | Retailers' Occupation Tax Act.
| 3 | | 6. A statement that the applicant has complied with the | 4 | | appropriate
liability insurance requirement. A Certificate | 5 | | of Insurance in a solvent
company authorized to do business | 6 | | in the State of Illinois shall be included
with each | 7 | | application covering each location at which he proposes to | 8 | | act
as a new vehicle dealer. The policy must provide | 9 | | liability coverage in
the minimum amounts of $100,000 for | 10 | | bodily injury to, or death of, any person,
$300,000 for | 11 | | bodily injury to, or death of, two or more persons in any | 12 | | one
accident, and $50,000 for damage to property. Such | 13 | | policy shall expire
not sooner than December 31 of the year | 14 | | for which the license was issued
or renewed. The expiration | 15 | | of the insurance policy shall not terminate
the liability | 16 | | under the policy arising during the period for which the
| 17 | | policy was filed. Trailer and mobile home dealers are | 18 | | exempt from this
requirement.
| 19 | | If the permitted user has a liability insurance policy | 20 | | that provides
automobile
liability insurance coverage of | 21 | | at least $100,000 for bodily injury to or the
death of any
| 22 | | person, $300,000 for bodily injury to or the death of any 2 | 23 | | or more persons in
any one
accident, and $50,000 for damage | 24 | | to property,
then the permitted user's insurer shall be the | 25 | | primary
insurer and the
dealer's insurer shall be the | 26 | | secondary insurer. If the permitted user does not
have a |
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| 1 | | liability
insurance policy that provides automobile | 2 | | liability insurance coverage of at
least
$100,000 for | 3 | | bodily injury to or the death of any person, $300,000 for | 4 | | bodily
injury to or the death of any 2 or more persons in | 5 | | any one accident, and
$50,000 for damage to property, or | 6 | | does not have any insurance at all,
then the dealer's | 7 | | insurer shall be the primary insurer and the permitted | 8 | | user's
insurer shall be the secondary
insurer.
| 9 | | When a permitted user is "test driving" a new vehicle | 10 | | dealer's automobile,
the new vehicle dealer's insurance | 11 | | shall be primary and the permitted user's
insurance shall | 12 | | be secondary.
| 13 | | As used in this paragraph 6, a "permitted user" is a | 14 | | person who, with the
permission of the new vehicle dealer | 15 | | or an employee of the new vehicle dealer,
drives a vehicle | 16 | | owned and held for sale or lease by the new vehicle dealer
| 17 | | which the person is considering
to purchase or lease, in | 18 | | order to evaluate the performance, reliability, or
| 19 | | condition of the vehicle.
The term "permitted user" also | 20 | | includes a person who, with the permission of
the new
| 21 | | vehicle dealer, drives a vehicle owned or held for sale or | 22 | | lease by the new
vehicle dealer
for loaner purposes while | 23 | | the user's vehicle is being repaired or evaluated.
| 24 | | As used in this paragraph 6, "test driving" occurs when | 25 | | a permitted user
who,
with the permission of the new | 26 | | vehicle dealer or an employee of the new vehicle
dealer, |
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| 1 | | drives a vehicle owned and held for sale or lease by a new | 2 | | vehicle
dealer that the person is considering to purchase | 3 | | or lease, in order to
evaluate the performance, | 4 | | reliability, or condition of the
vehicle.
| 5 | | As used in this paragraph 6, "loaner purposes" means | 6 | | when a person who,
with the permission of the new vehicle | 7 | | dealer, drives a vehicle owned or held
for sale or lease by | 8 | | the new vehicle dealer while the
user's vehicle is being | 9 | | repaired or evaluated.
| 10 | | 7. (A) An application for a new motor vehicle dealer's | 11 | | license shall be
accompanied by the following license fees:
| 12 | | (i) $1,000 for applicant's established place of | 13 | | business, and
$100 for each
additional place of | 14 | | business, if any, to which the application
pertains; | 15 | | but if the application is made after June 15 of any | 16 | | year, the license
fee shall be $500 for applicant's | 17 | | established place of business
plus
$50 for each | 18 | | additional place of business, if any, to which the
| 19 | | application pertains. License fees shall be returnable | 20 | | only in the event that
the application is denied by the | 21 | | Secretary of State.
All moneys received by the | 22 | | Secretary of State as license fees under this | 23 | | subparagraph (i) prior to applications for the 2004
| 24 | | licensing year
shall be
deposited into the Motor | 25 | | Vehicle Review Board Fund and shall
be used to | 26 | | administer the Motor Vehicle Review Board under the |
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| 1 | | Motor Vehicle
Franchise Act. Of the money received by | 2 | | the Secretary of State as license
fees under this | 3 | | subparagraph (i) for the 2004
licensing year and
| 4 | | thereafter, 10% shall
be deposited into the Motor | 5 | | Vehicle Review Board Fund and shall be used to
| 6 | | administer the Motor Vehicle Review Board under the | 7 | | Motor Vehicle Franchise Act
and 90% shall be deposited | 8 | | into the General Revenue Fund.
| 9 | | (ii) Except for dealers selling 25 or fewer | 10 | | automobiles or as provided in subsection (h) of Section | 11 | | 5-102.7 of this Code, an Annual Dealer Recovery Fund | 12 | | Fee in the amount of $500 for the applicant's | 13 | | established place of business, and $50 for each | 14 | | additional place of business, if any, to which the | 15 | | application pertains; but if the application is made | 16 | | after June 15 of any year, the fee shall be $250 for | 17 | | the applicant's established place of business plus $25 | 18 | | for each additional place of business, if any, to which | 19 | | the application pertains. For a license renewal | 20 | | application, the fee shall be based on the amount of | 21 | | automobiles sold in the past year according to the | 22 | | following formula: | 23 | | (1) $0 for dealers selling 25 or less | 24 | | automobiles; | 25 | | (2) $150 for dealers selling more than 25 but | 26 | | less than 200 automobiles; |
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| 1 | | (3) $300 for dealers selling 200 or more | 2 | | automobiles but less than 300 automobiles; and | 3 | | (4) $500 for dealers selling 300 or more | 4 | | automobiles. | 5 | | License fees shall be returnable only in the event | 6 | | that the application is denied by the Secretary of | 7 | | State. Moneys received under this subparagraph (ii) | 8 | | shall be deposited into the Dealer Recovery Trust Fund. | 9 | | (B) An application for a new vehicle dealer's license, | 10 | | other than for
a new motor vehicle dealer's license, shall | 11 | | be accompanied by the following
license fees:
| 12 | | (i) $1,000 for applicant's established place of | 13 | | business, and
$50 for each
additional place of | 14 | | business, if any, to which the application pertains; | 15 | | but if
the application is made after June 15 of any | 16 | | year, the license fee shall be
$500
for applicant's | 17 | | established place of business plus $25 for each
| 18 | | additional
place of business, if any, to which the | 19 | | application pertains. License fees
shall be returnable | 20 | | only in the event that the application is denied by the
| 21 | | Secretary of State. Of the money received by the | 22 | | Secretary of State as
license fees under this | 23 | | subparagraph (i) for the 2004 licensing year and | 24 | | thereafter,
95% shall be deposited into the General | 25 | | Revenue Fund.
| 26 | | (ii) Except as provided in subsection (h) of |
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| 1 | | Section 5-102.7 of this Code, an Annual Dealer Recovery | 2 | | Fund Fee in the amount of $500 for the applicant's | 3 | | established place of business, and $50 for each | 4 | | additional place of business, if any, to which the | 5 | | application pertains; but if the application is made | 6 | | after June 15 of any year, the fee shall be $250 for | 7 | | the applicant's established place of business plus $25 | 8 | | for each additional place of business, if any, to which | 9 | | the application pertains. License fees shall be | 10 | | returnable only in the event that the application is | 11 | | denied by the Secretary of State. Moneys received under | 12 | | this subparagraph (ii) shall be deposited into the | 13 | | Dealer Recovery Trust Fund. | 14 | | 8. A statement that the applicant's officers, | 15 | | directors,
shareholders having a 10% or greater ownership | 16 | | interest
therein, proprietor, a partner, member, officer, | 17 | | director, trustee, manager
or other principals in the | 18 | | business have not committed in the past 3
years any one | 19 | | violation as determined in any civil, criminal or
| 20 | | administrative proceedings of any one of the following | 21 | | Acts:
| 22 | | (A) The Anti-Theft Laws of the Illinois Vehicle | 23 | | Code;
| 24 | | (B) The Certificate of Title Laws of the Illinois | 25 | | Vehicle Code;
| 26 | | (C) The Offenses against Registration and |
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| 1 | | Certificates of Title
Laws of the Illinois Vehicle | 2 | | Code;
| 3 | | (D) The Dealers, Transporters, Wreckers and | 4 | | Rebuilders
Laws of the Illinois Vehicle Code;
| 5 | | (E) Section 21-2 of the Criminal Code of 1961 or | 6 | | the Criminal Code of 2012, Criminal Trespass to
| 7 | | Vehicles; or
| 8 | | (F) The Retailers' Occupation Tax Act.
| 9 | | 9. A statement that the applicant's officers, | 10 | | directors,
shareholders having a 10% or greater ownership | 11 | | interest
therein, proprietor, partner, member, officer, | 12 | | director, trustee, manager
or other principals in the | 13 | | business have not committed in any calendar year
3 or more | 14 | | violations, as determined in any civil, criminal or
| 15 | | administrative proceedings, of any one or more of the | 16 | | following Acts:
| 17 | | (A) The Consumer Finance Act;
| 18 | | (B) The Consumer Installment Loan Act;
| 19 | | (C) The Retail Installment Sales Act;
| 20 | | (D) The Motor Vehicle Retail Installment Sales | 21 | | Act;
| 22 | | (E) The Interest Act;
| 23 | | (F) The Illinois Wage Assignment Act;
| 24 | | (G) Part 8 of Article XII of the Code of Civil | 25 | | Procedure; or
| 26 | | (H) The Consumer Fraud Act.
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| 1 | | 9.5. A statement that, within 10 years of application,
| 2 | | each officer, director, shareholder having a
10% or greater | 3 | | ownership interest therein, proprietor,
partner, member, | 4 | | officer, director, trustee, manager, or
other principal in | 5 | | the business of the applicant has not committed, as | 6 | | determined
in any civil, criminal, or administrative | 7 | | proceeding, in
any calendar year one or more
forcible | 8 | | felonies under the Criminal Code of 1961 or the
Criminal | 9 | | Code of 2012, or a violation of either or both Article 16 | 10 | | or 17 of the Criminal Code of 1961 or a violation of either | 11 | | or both Article 16 or 17 of the Criminal Code of 2012, | 12 | | Article 29B of the Criminal Code of 1961 or the Criminal | 13 | | Code of 2012, or a similar out-of-state offense.
For the | 14 | | purposes of this paragraph, "forcible felony" has
the | 15 | | meaning provided in Section 2-8 of the Criminal Code
of | 16 | | 2012. | 17 | | 10. A bond or certificate of deposit in the amount of | 18 | | $50,000 for
each location at which the applicant intends to | 19 | | act as a new vehicle
dealer. The bond shall be for the term | 20 | | of the license, or its renewal, for
which application is | 21 | | made, and shall expire not sooner than
December 31 of the | 22 | | year for which the license was issued or renewed. The bond
| 23 | | shall run to the People of the State of Illinois, with | 24 | | surety by a bonding or
insurance company authorized to do | 25 | | business in this State. It shall be
conditioned upon the | 26 | | proper transmittal of all title and registration fees and
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| 1 | | taxes (excluding taxes under the Retailers' Occupation Tax | 2 | | Act) accepted by the
applicant as a new vehicle dealer.
| 3 | | 11. Such other information concerning the business of | 4 | | the applicant as
the Secretary of State may by rule or | 5 | | regulation prescribe.
| 6 | | 12. A statement that the applicant understands Chapter | 7 | | 1 through
Chapter 5 of this Code.
| 8 | | (c) Any change which renders no longer accurate any | 9 | | information
contained in any application for a new vehicle | 10 | | dealer's license shall be
amended within 30 days after the | 11 | | occurrence of such change on such form
as the Secretary of | 12 | | State may prescribe by rule or regulation,
accompanied by an | 13 | | amendatory fee of $2.
| 14 | | (d) Anything in this Chapter 5 to the contrary | 15 | | notwithstanding no
person shall be licensed as a new vehicle | 16 | | dealer unless:
| 17 | | 1. He is authorized by contract in writing between | 18 | | himself and the
manufacturer or franchised distributor of | 19 | | such make of vehicle to so
sell the same in this State, and
| 20 | | 2. Such person shall maintain an established place of | 21 | | business as
defined in this Act.
| 22 | | (e) The Secretary of State shall, within a reasonable time | 23 | | after
receipt, examine an application submitted to him under | 24 | | this Section and
unless he makes a determination that the | 25 | | application submitted to him
does not conform with the | 26 | | requirements of this Section or that grounds
exist for a denial |
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| 1 | | of the application, under Section 5-501 of this
Chapter, grant | 2 | | the applicant an original new vehicle dealer's license in
| 3 | | writing for his established place of business and a | 4 | | supplemental license
in writing for each additional place of | 5 | | business in such form as he may
prescribe by rule or regulation | 6 | | which shall include the following:
| 7 | | 1. The name of the person licensed;
| 8 | | 2. If a corporation, the name and address of its | 9 | | officers or if a
sole proprietorship, a partnership, an | 10 | | unincorporated association or any
similar form of business | 11 | | organization, the name and address of the
proprietor or of | 12 | | each partner, member, officer, director, trustee or
| 13 | | manager;
| 14 | | 3. In the case of an original license, the established | 15 | | place of
business of the licensee;
| 16 | | 4. In the case of a supplemental license, the | 17 | | established place of
business of the licensee and the | 18 | | additional place of business to which such
supplemental | 19 | | license pertains;
| 20 | | 5. The make or makes of new vehicles which the licensee | 21 | | is licensed
to sell.
| 22 | | (f) The appropriate instrument evidencing the license or a | 23 | | certified
copy thereof, provided by the Secretary of State, | 24 | | shall be kept posted
conspicuously in the established place of | 25 | | business of the licensee and
in each additional place of | 26 | | business, if any, maintained by such
licensee.
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| 1 | | (g) Except as provided in subsection (h) hereof, all new | 2 | | vehicle
dealer's licenses granted under this Section shall | 3 | | expire by operation
of law on December 31 of the calendar year | 4 | | for which they are granted
unless sooner revoked or cancelled | 5 | | under the provisions of Section 5-501
of this Chapter.
| 6 | | (h) A new vehicle dealer's license may be renewed upon | 7 | | application
and payment of the fee required herein, and | 8 | | submission of proof of
coverage under an approved bond under | 9 | | the Retailers' Occupation Tax
Act or proof that applicant is | 10 | | not subject to such bonding
requirements, as in the case of an | 11 | | original license, but in case an
application for the renewal of | 12 | | an effective license is made during the
month of December, the | 13 | | effective license shall remain in force until the
application | 14 | | is granted or denied by the Secretary of State.
| 15 | | (i) All persons licensed as a new vehicle dealer are | 16 | | required to
furnish each purchaser of a motor vehicle:
| 17 | | 1. In the case of a new vehicle a manufacturer's | 18 | | statement of origin
and in the case of a used motor vehicle | 19 | | a certificate of title, in
either case properly assigned to | 20 | | the purchaser;
| 21 | | 2. A statement verified under oath that all identifying | 22 | | numbers on
the vehicle agree with those on the certificate | 23 | | of title or
manufacturer's statement of origin;
| 24 | | 3. A bill of sale properly executed on behalf of such | 25 | | person;
| 26 | | 4. A copy of the Uniform Invoice-transaction reporting |
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| 1 | | return
referred to in Section 5-402 hereof;
| 2 | | 5. In the case of a rebuilt vehicle, a copy of the | 3 | | Disclosure of Rebuilt
Vehicle Status; and
| 4 | | 6. In the case of a vehicle for which the warranty has | 5 | | been reinstated, a
copy of the warranty.
| 6 | | (j) Except at the time of sale or repossession of the | 7 | | vehicle, no person
licensed as a new vehicle dealer may issue | 8 | | any other person a newly created
key to a vehicle unless the | 9 | | new vehicle dealer makes a color photocopy or electronic scan | 10 | | of the driver's
license or State identification card of the | 11 | | person requesting or obtaining the
newly created key. The new | 12 | | vehicle dealer must retain the photocopy or scan for 30 days.
| 13 | | A new vehicle dealer who violates this subsection (j) is | 14 | | guilty of a
petty offense. Violation of this subsection (j) is | 15 | | not cause to suspend,
revoke,
cancel, or deny renewal of the | 16 | | new vehicle dealer's license.
| 17 | | This amendatory Act of 1983 shall be applicable to the 1984 | 18 | | registration
year and thereafter.
| 19 | | (Source: P.A. 99-78, eff. 7-20-15; 100-450, eff. 1-1-18; | 20 | | 100-956, eff. 1-1-19 .)
| 21 | | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| 22 | | Sec. 5-102. Used vehicle dealers must be licensed.
| 23 | | (a) No person, other than a licensed new vehicle dealer, | 24 | | shall engage in
the business of selling or dealing in, on | 25 | | consignment or otherwise, 5 or
more used vehicles of any make |
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| 1 | | during the year (except house trailers as
authorized by | 2 | | paragraph (j) of this Section and rebuilt salvage vehicles
sold | 3 | | by their rebuilders to persons licensed under this Chapter), or | 4 | | act as
an intermediary, agent or broker for any licensed dealer | 5 | | or vehicle
purchaser (other than as a salesperson) or represent | 6 | | or advertise that he
is so engaged or intends to so engage in | 7 | | such business unless licensed to
do so by the Secretary of | 8 | | State under the provisions of this Section.
| 9 | | (b) An application for a used vehicle dealer's license | 10 | | shall be
filed with the Secretary of State, duly verified by | 11 | | oath, in such form
as the Secretary of State may by rule or | 12 | | 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 ten percent | 18 | | or 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 for | 26 | | registration
under the Retailers' Occupation Tax Act by the |
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| 1 | | Department of Revenue. However,
this requirement does not | 2 | | apply to a dealer who is already licensed
hereunder with | 3 | | the Secretary of State, and who is merely applying for a
| 4 | | renewal of his license. As evidence of this fact, the | 5 | | application shall be
accompanied by a certification from | 6 | | the Department of Revenue showing that
the Department has | 7 | | approved the applicant for registration under the
| 8 | | Retailers' Occupation Tax Act.
| 9 | | 4. A statement that the applicant has complied with the | 10 | | appropriate
liability insurance requirement. A Certificate | 11 | | of Insurance in a solvent
company authorized to do business | 12 | | in the State of Illinois shall be included
with each | 13 | | application covering each location at which he proposes to | 14 | | act
as a used vehicle dealer. The policy must provide | 15 | | liability coverage in
the minimum amounts of $100,000 for | 16 | | bodily injury to, or death of, any person,
$300,000 for | 17 | | bodily injury to, or death of, two or more persons in any | 18 | | one
accident, and $50,000 for damage to property. Such | 19 | | policy shall expire
not sooner than December 31 of the year | 20 | | for which the license was issued
or renewed. The expiration | 21 | | of the insurance policy shall not terminate
the liability | 22 | | under the policy arising during the period for which the | 23 | | policy
was filed. Trailer and mobile home dealers are | 24 | | exempt from this requirement.
| 25 | | If the permitted user has a liability insurance policy | 26 | | that provides
automobile
liability insurance coverage of |
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| 1 | | at least $100,000 for bodily injury to or the
death of any
| 2 | | person, $300,000 for bodily injury to or the death of any 2 | 3 | | or more persons in
any one
accident, and $50,000 for damage | 4 | | to property,
then the permitted user's insurer shall be the | 5 | | primary
insurer and the
dealer's insurer shall be the | 6 | | secondary insurer. If the permitted user does not
have a | 7 | | liability
insurance policy that provides automobile | 8 | | liability insurance coverage of at
least
$100,000 for | 9 | | bodily injury to or the death of any person, $300,000 for | 10 | | bodily
injury to or
the death of any 2 or more persons in | 11 | | any one accident, and $50,000 for damage
to
property, or | 12 | | does not have any insurance at all,
then the
dealer's
| 13 | | insurer shall be the primary insurer and the permitted | 14 | | user's insurer shall be
the secondary
insurer.
| 15 | | When a permitted user is "test driving" a used vehicle | 16 | | dealer's automobile,
the used vehicle dealer's insurance | 17 | | shall be primary and the permitted user's
insurance shall | 18 | | be secondary.
| 19 | | As used in this paragraph 4, a "permitted user" is a | 20 | | person who, with the
permission of the used vehicle dealer | 21 | | or an employee of the used vehicle
dealer, drives a vehicle | 22 | | owned and held for sale or lease by the used vehicle
dealer | 23 | | which the person is considering to purchase or lease, in | 24 | | order to
evaluate the performance, reliability, or | 25 | | condition of the vehicle.
The term "permitted user" also | 26 | | includes a person who, with the permission of
the used
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| 1 | | vehicle dealer, drives a vehicle owned or held for sale or | 2 | | lease by the used
vehicle dealer
for loaner purposes while | 3 | | the user's vehicle is being repaired or evaluated.
| 4 | | As used in this paragraph 4, "test driving" occurs when | 5 | | a permitted user
who,
with the permission of the used | 6 | | vehicle dealer or an employee of the used
vehicle
dealer, | 7 | | drives a vehicle owned and held for sale or lease by a used | 8 | | vehicle
dealer that the person is considering to purchase | 9 | | or lease, in order to
evaluate the performance, | 10 | | reliability, or condition of the
vehicle.
| 11 | | As used in this paragraph 4, "loaner purposes" means | 12 | | when a person who,
with the permission of the used vehicle | 13 | | dealer, drives a vehicle owned or held
for sale or lease by | 14 | | the used vehicle dealer while the
user's vehicle is being | 15 | | repaired or evaluated.
| 16 | | 5. An application for a used vehicle dealer's license | 17 | | shall be
accompanied by the following license fees:
| 18 | | (A) $1,000 for applicant's established place of | 19 | | business, and
$50 for
each additional place of | 20 | | business, if any, to which the application
pertains; | 21 | | however, if the application is made after June 15 of | 22 | | any
year, the license fee shall be $500 for applicant's | 23 | | established
place of
business plus $25 for each | 24 | | additional place of business, if any,
to
which the | 25 | | application pertains. License fees shall be returnable | 26 | | only in
the event that the application is denied by
the |
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| 1 | | Secretary of State. Of the money received by the | 2 | | Secretary of State as
license fees under this | 3 | | subparagraph (A) for the 2004 licensing year and | 4 | | thereafter, 95%
shall be deposited into the General | 5 | | Revenue Fund.
| 6 | | (B) Except for dealers selling 25 or fewer | 7 | | automobiles or as provided in subsection (h) of Section | 8 | | 5-102.7 of this Code, an Annual Dealer Recovery Fund | 9 | | Fee in the amount of $500 for the applicant's | 10 | | established place of business, and $50 for each | 11 | | additional place of business, if any, to which the | 12 | | application pertains; but if the application is made | 13 | | after June 15 of any year, the fee shall be $250 for | 14 | | the applicant's established place of business plus $25 | 15 | | for each additional place of business, if any, to which | 16 | | the application pertains. For a license renewal | 17 | | application, the fee shall be based on the amount of | 18 | | automobiles sold in the past year according to the | 19 | | following formula: | 20 | | (1) $0 for dealers selling 25 or less | 21 | | automobiles; | 22 | | (2) $150 for dealers selling more than 25 but | 23 | | less than 200 automobiles; | 24 | | (3) $300 for dealers selling 200 or more | 25 | | automobiles but less than 300 automobiles; and | 26 | | (4) $500 for dealers selling 300 or more |
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| 1 | | automobiles. | 2 | | License fees shall be returnable only in the event | 3 | | that the application is denied by the Secretary of | 4 | | State. Moneys received under this subparagraph (B) | 5 | | shall be deposited into the Dealer Recovery Trust Fund. | 6 | | 6. A statement that the applicant's officers, | 7 | | directors, shareholders
having a 10% or greater ownership | 8 | | interest therein, proprietor, partner,
member, officer, | 9 | | director, trustee, manager or other principals in the
| 10 | | business have not committed in the past 3 years any one | 11 | | violation as
determined in any civil, 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 Illinois Criminal Code of | 24 | | 1961 or the Criminal Code of 2012, Criminal
Trespass to | 25 | | Vehicles; or
| 26 | | (F) The Retailers' Occupation Tax Act.
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| 1 | | 7. A statement that the applicant's officers, | 2 | | directors,
shareholders having a 10% or greater ownership | 3 | | interest therein,
proprietor, partner, member, officer, | 4 | | director, trustee, manager or
other principals in the | 5 | | business have not committed in any calendar year
3 or more | 6 | | 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 and Deceptive Business | 19 | | Practices Act.
| 20 | | 7.5. A statement that, within 10 years of application,
| 21 | | each officer, director, shareholder having a
10% or greater | 22 | | ownership interest therein, proprietor,
partner, member, | 23 | | officer, director, trustee, manager, or
other principal in | 24 | | the business of the applicant has not committed, as | 25 | | determined
in any civil, criminal, or administrative | 26 | | proceeding, in
any calendar year one or more
forcible |
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| 1 | | felonies under the Criminal Code of 1961 or the
Criminal | 2 | | Code of 2012, or a violation of either or both Article 16 | 3 | | or 17 of the Criminal Code of 1961 or a violation of either | 4 | | or both Article 16 or 17 of the Criminal Code of 2012, | 5 | | Article 29B of the Criminal Code of 1961 or the Criminal | 6 | | Code of 2012, or a similar out-of-state offense.
For the | 7 | | purposes of this paragraph, "forcible felony" has
the | 8 | | meaning provided in Section 2-8 of the Criminal Code
of | 9 | | 2012. | 10 | | 8. A bond or Certificate of Deposit in the amount of | 11 | | $50,000 for
each location at which the applicant intends to | 12 | | act as a used vehicle
dealer. The bond shall be for the | 13 | | term of the license, or its renewal, for
which application | 14 | | is made, and shall expire not sooner than December 31 of
| 15 | | the year for which the license was issued or renewed. The | 16 | | bond shall run
to the People of the State of Illinois, with | 17 | | surety by a bonding or
insurance company authorized to do | 18 | | business in this State. It shall be
conditioned upon the | 19 | | proper transmittal of all title and registration fees
and | 20 | | taxes (excluding taxes under the Retailers' Occupation Tax | 21 | | Act) accepted
by the applicant as a used vehicle dealer.
| 22 | | 9. Such other information concerning the business of | 23 | | the applicant as
the Secretary of State may by rule or | 24 | | regulation prescribe.
| 25 | | 10. A statement that the applicant understands Chapter | 26 | | 1 through
Chapter 5 of this Code.
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| 1 | | 11. A copy of the certification from the prelicensing | 2 | | education
program. | 3 | | (c) Any change which renders no longer accurate any | 4 | | information
contained in any application for a used vehicle | 5 | | dealer's license shall
be amended within 30 days after the | 6 | | occurrence of each change on such
form as the Secretary of | 7 | | State may prescribe by rule or regulation,
accompanied by an | 8 | | amendatory fee of $2.
| 9 | | (d) Anything in this Chapter to the contrary | 10 | | notwithstanding, no
person shall be licensed as a used vehicle | 11 | | dealer unless such person
maintains an established place of | 12 | | business as
defined in this Chapter.
| 13 | | (e) The Secretary of State shall, within a reasonable time | 14 | | after
receipt, examine an application submitted to him under | 15 | | this Section.
Unless the Secretary makes a determination that | 16 | | the application
submitted to him does not conform to this | 17 | | Section or that grounds exist
for a denial of the application | 18 | | under Section 5-501 of this Chapter, he
must grant the | 19 | | applicant an original used vehicle dealer's license in
writing | 20 | | for his established place of business and a supplemental | 21 | | license
in writing for each additional place of business in | 22 | | such form as he may
prescribe by rule or regulation which shall | 23 | | include the following:
| 24 | | 1. The name of the person licensed;
| 25 | | 2. If a corporation, the name and address of its | 26 | | officers or if a
sole proprietorship, a partnership, an |
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| 1 | | unincorporated association or any
similar form of business | 2 | | organization, the name and address of the
proprietor or of | 3 | | each partner, member, officer, director, trustee or
| 4 | | manager;
| 5 | | 3. In case of an original license, the established | 6 | | place of business
of the licensee;
| 7 | | 4. In the case of a supplemental license, the | 8 | | established place of
business of the licensee and the | 9 | | additional place of business to which such
supplemental | 10 | | license pertains.
| 11 | | (f) The appropriate instrument evidencing the license or a | 12 | | certified
copy thereof, provided by the Secretary of State | 13 | | shall be kept posted,
conspicuously, in the established place | 14 | | of business of the licensee and
in each additional place of | 15 | | business, if any, maintained by such
licensee.
| 16 | | (g) Except as provided in subsection (h) of this Section, | 17 | | all used
vehicle dealer's licenses granted under this Section | 18 | | expire by operation
of law on December 31 of the calendar year | 19 | | for which they are granted
unless sooner revoked or cancelled | 20 | | under Section 5-501 of this Chapter.
| 21 | | (h) A used vehicle dealer's license may be renewed upon | 22 | | application
and payment of the fee required herein, and | 23 | | submission of proof of
coverage by an approved bond under the | 24 | | "Retailers' Occupation Tax Act"
or proof that applicant is not | 25 | | subject to such bonding requirements, as
in the case of an | 26 | | original license, but in case an application for the
renewal of |
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| 1 | | an effective license is made during the month of December,
the | 2 | | effective license shall remain in force until the application | 3 | | for
renewal is granted or denied by the Secretary of State.
| 4 | | (i) All persons licensed as a used vehicle dealer are | 5 | | required 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 | 20 | | registration issued
pursuant to "The Real Estate Brokers and | 21 | | Salesmen License Act" may engage
in the business of selling or | 22 | | dealing in house trailers not his own without
being licensed as | 23 | | a used vehicle dealer under this Section; however such
broker | 24 | | shall maintain a record of the transaction including the | 25 | | following:
| 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 | 6 | | any officer
of the Secretary of State's Office at any | 7 | | reasonable hour.
| 8 | | (k) Except at the time of sale or repossession of the | 9 | | vehicle, no
person licensed as a used vehicle dealer may issue | 10 | | any other person a newly
created key to a vehicle unless the | 11 | | used vehicle dealer makes a color photocopy or electronic scan | 12 | | of the
driver's license or State identification card of the | 13 | | person requesting or
obtaining the newly created key. The used | 14 | | vehicle dealer must retain the photocopy or scan
for 30 days.
| 15 | | A used vehicle dealer who violates this subsection (k) is | 16 | | guilty of a
petty offense. Violation of this subsection (k) is | 17 | | not cause to suspend,
revoke, cancel, or deny renewal of the | 18 | | used vehicle dealer's license. | 19 | | (l) Used vehicle dealers licensed under this Section shall | 20 | | provide the Secretary of State a register for the sale at | 21 | | auction of each salvage or junk certificate vehicle. Each | 22 | | register 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 | 12 | | via written or electronic means within 10 calendar days from | 13 | | the date of the auction.
| 14 | | (Source: P.A. 99-78, eff. 7-20-15; 100-450, eff. 1-1-18; | 15 | | 100-956, eff. 1-1-19 .)
| 16 | | (625 ILCS 5/5-102.5) | 17 | | Sec. 5-102.5. Used vehicle dealer prelicensing education | 18 | | program courses. | 19 | | (a) An applicant for a license as a Buy Here, Pay Here used | 20 | | vehicle dealer under Section 5-102.8 or a used vehicle
dealer | 21 | | shall complete a minimum of 8 hours of prelicensing
education | 22 | | program courses pursuant to this Section prior to
submitting an | 23 | | application to the Secretary of State. | 24 | | (b) To meet the requirements of this Section, at least one
| 25 | | individual who is associated with the used vehicle
dealer or |
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| 1 | | Buy Here, Pay Here used vehicle dealer as an owner, principal, | 2 | | corporate officer, director, or
member or partner of a limited | 3 | | liability company or limited
liability partnership shall | 4 | | complete the education program
courses. | 5 | | (c) The education program courses shall be provided by | 6 | | public or private entities with an expertise in the area as | 7 | | approved by the Secretary of State. The Secretary of State must | 8 | | approve course curricula and instruction, in consultation with | 9 | | the Illinois Department of Transportation and any private | 10 | | entity with expertise in the area in the Secretary of State's | 11 | | discretion. | 12 | | (d) Each person who successfully completes an approved | 13 | | prelicensing education program under this Section shall be | 14 | | issued a certificate by the education program provider of the | 15 | | course. The current certificate of completion, or a copy of the | 16 | | certificate, shall be posted conspicuously in the principal | 17 | | office of the licensee. | 18 | | (e) The provisions of this Section apply to all Buy Here, | 19 | | Pay Here used vehicle dealers under Section 5-1028 or used | 20 | | vehicle dealers including, but not limited to, individuals,
| 21 | | corporations, and partnerships, except for the following: | 22 | | (1) Motor vehicle rental companies having a national
| 23 | | franchise; | 24 | | (2) National motor vehicle auction companies; | 25 | | (3) Wholesale dealer-only auction companies; | 26 | | (4) Used vehicle dealerships owned by a franchise motor |
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| 1 | | vehicle
dealer; and | 2 | | (5) Banks, credit unions, and savings and loan
| 3 | | associations.
| 4 | | (Source: P.A. 96-678, eff. 8-25-09.) | 5 | | (625 ILCS 5/5-102.7) | 6 | | Sec. 5-102.7. Dealer Recovery Trust Fund. | 7 | | (a) The General Assembly finds that motor vehicle dealers | 8 | | that go out of business without fulfilling agreements to pay | 9 | | off the balance of their customers' liens on traded-in vehicles | 10 | | cause financial harm to those customers by leaving those | 11 | | customers liable for multiple vehicle loans and cause harm to | 12 | | the integrity of the motor vehicle retailing industry. It is | 13 | | the intent of the General Assembly to protect vehicle | 14 | | purchasers by creating a Dealer Recovery Trust Fund to | 15 | | reimburse these consumers. | 16 | | (b) The Dealer Recovery Trust Fund shall be used solely for | 17 | | the limited purpose of
helping victims of dealership closings. | 18 | | Any interest accrued by moneys in the Fund shall be
deposited | 19 | | and become part of the Dealer Recovery Trust Fund and its | 20 | | purpose. The sole beneficiaries of the Dealer Recovery Trust | 21 | | Fund are victims of
dealership closings. | 22 | | (c) Except where the context otherwise requires, the | 23 | | following words and phrases, when used in this Section, have | 24 | | the meanings ascribed to them in this subsection (c): | 25 | | "Applicant" means a person who applies for reimbursement |
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| 1 | | from the Dealer Recovery Trust Fund Board. | 2 | | "Board" means the Dealer Recovery Trust Fund Board created | 3 | | under this Section. | 4 | | "Dealer" means a new vehicle dealer licensed under Section | 5 | | 5-101 , or a used vehicle dealer licensed under Section 5-102 , | 6 | | or a Buy Here, Pay Here used vehicle dealer licensed under | 7 | | 5-102.8 , excepting a dealer who primarily sells mobile homes, | 8 | | recreational vehicles, or trailers. | 9 | | "Fund" means the Dealer Recovery Trust Fund created under | 10 | | this Section. | 11 | | "Fund Administrator" means the private entity, which shall | 12 | | be appointed by the Board, that administers the Dealer Recovery | 13 | | Trust Fund. | 14 | | (d) Beginning October 1, 2011, each application or renewal | 15 | | for a new vehicle dealer's license and each application or | 16 | | renewal for a Buy Here, Pay Here used vehicle dealer licensed | 17 | | under 5-102.8 or a used vehicle dealer's license shall be | 18 | | accompanied by the applicable Annual Dealer Recovery Fund Fee | 19 | | under Section 5-101 or 5-102 of this Code. The fee shall be in | 20 | | addition to any other fees imposed under this Article, shall be | 21 | | submitted at the same time an application or renewal for a new | 22 | | vehicle dealer's license , or used vehicle dealer's license , or | 23 | | Buy Here, Pay Here used vehicle dealer is submitted, and shall | 24 | | be made payable to and remitted directly to the Dealer Recovery | 25 | | Trust Fund, a trust fund outside of the State Treasury which is | 26 | | hereby created. In addition, the Dealer Recovery Trust Fund may |
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| 1 | | accept any federal, State, or private moneys for deposit into | 2 | | the Fund. | 3 | | (e) The Fund Administrator shall maintain a list of all | 4 | | dealers who have paid the fee under subsection (d) of this | 5 | | Section for the current year, which shall be available to the | 6 | | Secretary of State and the Board. The Secretary of State shall | 7 | | revoke the dealer license of any dealer who does not pay the | 8 | | fee imposed under subsection (d) of this Section. The Secretary | 9 | | of State and the Fund Administrator may enter into information | 10 | | sharing agreements as needed to implement this Section. | 11 | | (f) The Fund shall be audited annually by an independent | 12 | | auditor who is a certified public accountant and who has been | 13 | | selected by the Board. The independent auditor shall compile an | 14 | | annual report, which shall be filed with the Board and shall be | 15 | | a public record. The auditor shall be paid by the Fund, | 16 | | pursuant to an order of the Board. | 17 | | (g) The Fund shall be maintained by the Fund Administrator, | 18 | | who shall keep current records of the amounts deposited into | 19 | | the Fund and the amounts paid out of the Fund pursuant to an | 20 | | order of the Board. These records shall be made available to | 21 | | all members of the Board upon reasonable request during normal | 22 | | business hours. The Fund Administrator shall report the balance | 23 | | in the Fund to the Board monthly, by the 15th day of each | 24 | | month. For purposes of determining the amount available to pay | 25 | | claims under this Section at any meeting of the Board, the | 26 | | Board shall use the Fund Administrator's most recent monthly |
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| 1 | | report. The Fund Administrator shall purchase liability | 2 | | insurance to cover management of the Fund at a cost not to | 3 | | exceed 2% of the balance in the Fund as of January 15th of that | 4 | | year. | 5 | | (h) In any year for which the balance in the Fund as of | 6 | | August 31st is greater than $3,500,000, the Fund Administrator | 7 | | shall notify the Secretary of State and the Secretary of State | 8 | | shall suspend collection of the fee for the following year for | 9 | | any dealer who has not had a claim paid from the Fund, has not | 10 | | had his or her license suspended or revoked, and has not been | 11 | | assessed any civil penalties under this Code during the 3 | 12 | | previous years. | 13 | | (i) Moneys in the Dealer Recovery Trust Fund may be paid | 14 | | from the Fund only as directed by a written order of the Board | 15 | | and used only for the following purposes: | 16 | | (i) to pay claims under a written order of the Board as | 17 | | provided in this Section; or | 18 | | (ii) to reimburse the Fund Administrator for its | 19 | | expenses related to the administration of the Fund, | 20 | | provided that the reimbursement to the Fund Administrator | 21 | | in any year shall not exceed 2% of the balance in the Fund | 22 | | as of January 15th of that year. | 23 | | (j) The Dealer Recovery Trust Fund Board is hereby created. | 24 | | The Board shall consist of the Secretary of State, or his or | 25 | | her designee, who shall serve as chair, the Attorney General, | 26 | | or his or her designee, who shall serve as secretary, and one |
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| 1 | | person alternatively representing new and independent Illinois | 2 | | automobile dealers, selected collectively by the Attorney | 3 | | General, or his or her designee, and the Secretary of State, or | 4 | | his or her designee. The Secretary of State may propose | 5 | | procedures and employ personnel as necessary to implement this | 6 | | Section. The Board shall meet quarterly, and as needed, as | 7 | | directed by the chair. The Board may not pay out any claims | 8 | | before the balance deposited into the Fund exceeds $500,000. | 9 | | Board meetings shall be open to the public. The Board has the | 10 | | authority to take any action by at least a two-thirds majority | 11 | | vote. | 12 | | (k) The following persons may apply to the Board for | 13 | | reimbursement from the Dealer Recovery Trust Fund: | 14 | | (i) A retail customer who, on or after October 1, 2011, | 15 | | purchases a vehicle from a dealer who subsequently files | 16 | | for bankruptcy or whose vehicle dealer's license is | 17 | | subsequently revoked by the Secretary of State or otherwise | 18 | | terminated and, as part of the purchase transaction, trades | 19 | | in a vehicle with an outstanding lien to the dealer if lien | 20 | | satisfaction was a condition of the purchase agreement and | 21 | | the retail customer determines that the lien has not been | 22 | | satisfied; | 23 | | (ii) A retail customer who, on or after October 1, | 24 | | 2011, purchases a vehicle with an undisclosed lien from a | 25 | | dealer who subsequently files for bankruptcy or whose | 26 | | vehicle dealer's license is subsequently revoked by the |
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| 1 | | Secretary of State or otherwise terminated; | 2 | | (iii) A dealer who, on or after October 1, 2011, | 3 | | purchases a vehicle with an undisclosed lien from another | 4 | | dealer who subsequently files for bankruptcy or whose | 5 | | vehicle dealer's license is subsequently revoked by the | 6 | | Secretary of State or otherwise terminated. | 7 | | (l) To be considered by the Board, an applicant must submit | 8 | | his or her claim to the Board within 2 years after the date of | 9 | | the transaction that gave rise to the claim. | 10 | | (m) At each meeting of the Board, it shall consider all | 11 | | claims that are properly submitted to it on forms prescribed by | 12 | | the Secretary of State at least 30 days before the date of the | 13 | | Board's meeting. Before the Board may consider a claim against | 14 | | a dealer, it must make a written determination that the dealer | 15 | | has filed for bankruptcy under the provisions of 11 U.S.C. | 16 | | Chapter 7; that the Secretary of State has revoked his or her | 17 | | dealer's license; or that the license has been otherwise | 18 | | terminated. Once the Board has made this determination, it may | 19 | | consider the applicant's claim against the dealer. If a | 20 | | two-thirds majority of the Board determines that the dealer has | 21 | | committed a violation under subsection (k), it shall grant the | 22 | | applicant's claim. Except as otherwise provided in this | 23 | | Section, the maximum amount of any award for a claim under | 24 | | paragraph (i) of subsection (k) of this Section shall be equal | 25 | | to the amount of the unpaid balance of the lien that the dealer | 26 | | agreed to pay off on behalf of the applicant as shown on the |
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| 1 | | bill of sale or the retail installment sales contract. The | 2 | | maximum amount of any claim under paragraph (ii) or (iii) of | 3 | | subsection (k) of this Section shall be equal to the amount of | 4 | | the undisclosed lien. However, no award for a claim under | 5 | | subsection (k) of this Section shall exceed $35,000. | 6 | | (n) If the balance in the Fund at the time of any Board | 7 | | meeting is less than the amount of the total amount of all | 8 | | claims awarded at that meeting, then all awards made at that | 9 | | meeting shall be reduced, pro rata, so that the amount of | 10 | | claims does not exceed the balance in the Fund. Before it | 11 | | reviews new claims, the Board shall issue written orders to pay | 12 | | the remaining portion of any claims that were so reduced, | 13 | | provided that the balance in the Fund is sufficient to pay | 14 | | those claims. | 15 | | (o) Whenever the balance of the Fund falls below $500,000, | 16 | | the Board may charge dealers
an additional assessment of up to | 17 | | $50 to bring the balance to at least $500,000.
Not more than | 18 | | one additional assessment may be made against a dealer in any | 19 | | 12-month period. | 20 | | (p) If the total amount of claims awarded against any | 21 | | dealer exceeds 33% of the balance in the Fund, the Board may | 22 | | permanently reduce the amount of those claims, pro rata, so | 23 | | that those claims do not exceed 33% of the balance in the Fund. | 24 | | (q) The Board shall issue a written order directing the | 25 | | Fund Administrator to pay an applicant's claim to a secured | 26 | | party where the Board has received a signed agreement between |
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| 1 | | the applicant and the secured party holding the lien. The | 2 | | agreement must (i) state that the applicant and the secured | 3 | | party agree to accept payment from the Fund to the secured | 4 | | party as settlement in full of all claims against the dealer; | 5 | | and (ii) release the lien and the title, if applicable, to the | 6 | | vehicle that was the subject of the claim. The written order | 7 | | shall state the amount of the claim and the name and address of | 8 | | the secured party to whom the claim shall be paid. The Fund | 9 | | Administrator shall pay the claim within 30 days after it | 10 | | receives the Board's order. | 11 | | (r) No dealer or principal associated with a dealer's | 12 | | license is eligible for licensure, renewal or relicensure until | 13 | | the full amount of reimbursement for an unpaid claim, plus | 14 | | interest as determined by the Board, is paid to the Fund. | 15 | | Nothing in this Section shall limit the authority of the | 16 | | Secretary of State to suspend, revoke, or levy civil penalties | 17 | | against a dealer, nor shall full repayment of the amount owed | 18 | | to the Fund nullify or modify the effect of any action by the | 19 | | Secretary. | 20 | | (s) Nothing in this Section shall limit the right of any | 21 | | person to seek relief though civil action against any other | 22 | | person as an alternative to seeking reimbursement from the | 23 | | Fund.
| 24 | | (Source: P.A. 97-480, eff. 10-1-11; 98-450, eff. 1-1-14.) | 25 | | (625 ILCS 5/5-102.8 new) |
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| 1 | | Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle | 2 | | dealers. | 3 | | (a) As used in this Section, "Buy Here, Pay Here used | 4 | | vehicle dealer" means any entity that engages in the business | 5 | | of selling or leasing of vehicles and finances the sale or | 6 | | purchase price of the vehicle to a customer without the | 7 | | customer using a third-party lender. | 8 | | (b) No person shall engage in
the business of selling or | 9 | | dealing in, on consignment or otherwise, 5 or
more used | 10 | | vehicles of any make during the year (except rebuilt salvage | 11 | | vehicles
sold by their rebuilders to persons licensed under | 12 | | this Chapter), or act as
an intermediary, agent, or broker for | 13 | | any licensed dealer or vehicle
purchaser (other than as a | 14 | | salesperson) or represent or advertise that he or she
is so | 15 | | engaged or intends to so engage in such business of a Buy Here, | 16 | | Pay Here used vehicle dealer unless licensed to
do so by the | 17 | | Secretary of State under the provisions of this Section.
| 18 | | (c) An application for a Buy Here, Pay Here used vehicle | 19 | | dealer's license shall be
filed with the Secretary of State, | 20 | | duly verified by oath, in such form
as the Secretary of State | 21 | | may by rule or regulation prescribe and shall
contain:
| 22 | | (1) The name and type of business organization | 23 | | established and additional
places of business, if any, in | 24 | | this State.
| 25 | | (2) If the applicant is a corporation, a list of its | 26 | | officers,
directors, and shareholders having a 10% or |
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| 1 | | greater ownership
interest in the corporation, setting | 2 | | forth the residence address of
each; if the applicant is a | 3 | | sole proprietorship, a partnership, an
unincorporated | 4 | | association, a trust, or any similar form of business
| 5 | | organization, the names and residence address of the | 6 | | proprietor or of
each partner, member, officer, director, | 7 | | trustee, or manager.
| 8 | | (3) A statement that the applicant has been approved | 9 | | for registration
under the Retailers' Occupation Tax Act by | 10 | | the Department of Revenue. However,
this requirement does | 11 | | not apply to a dealer who is already licensed
hereunder | 12 | | with the Secretary of State, and who is merely applying for | 13 | | a
renewal of his or her license. As evidence of this fact, | 14 | | the application shall be
accompanied by a certification | 15 | | from the Department of Revenue showing that
the Department | 16 | | has approved the applicant for registration under the
| 17 | | Retailers' Occupation Tax Act. | 18 | | (4) A statement that the applicant has complied with | 19 | | the appropriate
liability insurance requirement. A | 20 | | Certificate of Insurance in a solvent
company authorized to | 21 | | do business in the State of Illinois shall be included
with | 22 | | each application covering each location at which he or she | 23 | | proposes to act
as a Buy Here, Pay Here used vehicle | 24 | | dealer. The policy must provide liability coverage in
the | 25 | | minimum amounts of $100,000 for bodily injury to, or death | 26 | | of, any person,
$300,000 for bodily injury to, or death of, |
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| 1 | | 2 or more persons in any one
accident, and $50,000 for | 2 | | damage to property. Such policy shall expire
not sooner | 3 | | than December 31 of the year for which the license was | 4 | | issued
or renewed. The expiration of the insurance policy | 5 | | shall not terminate
the liability under the policy arising | 6 | | during the period for which the policy
was filed.
| 7 | | If the permitted user has a liability insurance policy | 8 | | that provides
automobile
liability insurance coverage of | 9 | | at least $100,000 for bodily injury to or the
death of any
| 10 | | person, $300,000 for bodily injury to or the death of any 2 | 11 | | or more persons in
any one
accident, and $50,000 for damage | 12 | | to property,
then the permitted user's insurer shall be the | 13 | | primary
insurer and the
dealer's insurer shall be the | 14 | | secondary insurer. If the permitted user does not
have a | 15 | | liability
insurance policy that provides automobile | 16 | | liability insurance coverage of at
least
$100,000 for | 17 | | bodily injury to or the death of any person, $300,000 for | 18 | | bodily
injury to or
the death of any 2 or more persons in | 19 | | any one accident, and $50,000 for damage
to
property, or | 20 | | does not have any insurance at all,
then the
dealer's
| 21 | | insurer shall be the primary insurer and the permitted | 22 | | user's insurer shall be
the secondary
insurer. | 23 | | When a permitted user is "test driving" a Buy Here, Pay | 24 | | Here used vehicle dealer's automobile,
the Buy Here, Pay | 25 | | Here used vehicle dealer's insurance shall be primary and | 26 | | the permitted user's
insurance shall be secondary.
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| 1 | | As used in this paragraph, "permitted user" means a | 2 | | person who, with the
permission of the Buy Here, Pay Here | 3 | | used vehicle dealer or an employee of the Buy Here, Pay | 4 | | Here used vehicle
dealer, drives a vehicle owned and held | 5 | | for sale or lease by the Buy Here, Pay Here used vehicle
| 6 | | dealer that the person is considering to purchase or lease, | 7 | | in order to
evaluate the performance, reliability, or | 8 | | condition of the vehicle.
"Permitted user" includes a | 9 | | person who, with the permission of
the Buy Here, Pay Here | 10 | | used
vehicle dealer, drives a vehicle owned or held for | 11 | | sale or lease by the Buy Here, Pay Here used
vehicle dealer
| 12 | | for loaner purposes while the user's vehicle is being | 13 | | repaired or evaluated.
| 14 | | As used in this paragraph, "test driving" occurs when a | 15 | | permitted user
who,
with the permission of the Buy Here, | 16 | | Pay Here used vehicle dealer or an employee of the Buy | 17 | | Here, Pay Here used
vehicle
dealer, drives a vehicle owned | 18 | | and held for sale or lease by a Buy Here, Pay Here used | 19 | | vehicle
dealer that the person is considering to purchase | 20 | | or lease, in order to
evaluate the performance, | 21 | | reliability, or condition of the
vehicle.
| 22 | | As used in this paragraph, "loaner purposes" means when | 23 | | a person who,
with the permission of the Buy Here, Pay Here | 24 | | used vehicle dealer, drives a vehicle owned or held
for | 25 | | sale or lease by the used vehicle dealer while the
user's | 26 | | vehicle is being repaired or evaluated.
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| 1 | | (5) An application for a Buy Here, Pay Here used | 2 | | vehicle dealer's license shall be
accompanied by the | 3 | | following license fees:
| 4 | | (A) $1,000 for the applicant's established place | 5 | | of business, and
$50 for
each additional place of | 6 | | business, if any, to which the application
pertains; | 7 | | however, if the application is made after June 15 of | 8 | | any
year, the license fee shall be $500 for the | 9 | | applicant's established
place of
business plus $25 for | 10 | | each additional place of business, if any,
to
which the | 11 | | application pertains. License fees shall be returnable | 12 | | only if the application is denied by
the Secretary of | 13 | | State. Of the money received by the Secretary of State | 14 | | as
license fees under this subparagraph, 95%
shall be | 15 | | deposited into the General Revenue Fund. | 16 | | (B) Except for dealers selling 25 or fewer | 17 | | automobiles or as provided in subsection (h) of Section | 18 | | 5-102.7 of this Code, an Annual Dealer Recovery Fund | 19 | | Fee in the amount of $500 for the applicant's | 20 | | established place of business, and $50 for each | 21 | | additional place of business, if any, to which the | 22 | | application pertains; but if the application is made | 23 | | after June 15 of any year, the fee shall be $250 for | 24 | | the applicant's established place of business plus $25 | 25 | | for each additional place of business, if any, to which | 26 | | the application pertains. For a license renewal |
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| 1 | | application, the fee shall be based on the amount of | 2 | | automobiles sold in the past year according to the | 3 | | following formula: | 4 | | (1) $0 for dealers selling 25 or less | 5 | | automobiles; | 6 | | (2) $150 for dealers selling more than 25 but | 7 | | less than 200 automobiles; | 8 | | (3) $300 for dealers selling 200 or more | 9 | | automobiles but less than 300 automobiles; and | 10 | | (4) $500 for dealers selling 300 or more | 11 | | automobiles. | 12 | | Fees shall be returnable only if the application is | 13 | | denied by the Secretary of State. Money received under | 14 | | this subparagraph shall be deposited into the Dealer | 15 | | Recovery Trust Fund. A Buy Here, Pay Here used vehicle | 16 | | dealer shall pay into the Dealer Recovery Trust Fund | 17 | | for every vehicle that is financed, sold, or otherwise | 18 | | transferred to an individual or entity other than the | 19 | | Buy Here, Pay Here used vehicle dealer even if the | 20 | | individual or entity to which the Buy Here, Pay Here | 21 | | used vehicle dealer transfers the vehicle is unable to | 22 | | continue to adhere to the terms of the transaction by | 23 | | the Buy Here, Pay Here used vehicle dealer. | 24 | | (6) A statement that each officer, director, | 25 | | shareholder
having a 10% or greater ownership interest | 26 | | therein, proprietor, partner,
member, officer, director, |
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| 1 | | trustee, manager, or other principal in the
business of the | 2 | | applicant has 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 | | (A) the Anti-Theft Laws of this Code;
| 6 | | (B) the Certificate of Title Laws of this Code;
| 7 | | (C) the Offenses against Registration and | 8 | | Certificates of Title
Laws of this Code;
| 9 | | (D) the Dealers, Transporters, Wreckers and | 10 | | Rebuilders Laws of this
Code;
| 11 | | (E) Section 21-2 of the Illinois Criminal Code of | 12 | | 1961 or the Criminal Code of 2012, Criminal
Trespass to | 13 | | Vehicles; or
| 14 | | (F) the Retailers' Occupation Tax Act. | 15 | | (7) 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 any calendar year
3 or more | 20 | | violations, as determined in any civil, criminal, or
| 21 | | administrative proceedings, of any one or more of the | 22 | | following:
| 23 | | (A) the Consumer Finance Act;
| 24 | | (B) the Consumer Installment Loan Act;
| 25 | | (C) the Retail Installment Sales Act;
| 26 | | (D) the Motor Vehicle Retail Installment Sales |
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| 1 | | Act;
| 2 | | (E) the Interest Act;
| 3 | | (F) the Illinois Wage Assignment Act;
| 4 | | (G) Part 8 of Article XII of the Code of Civil | 5 | | Procedure; or
| 6 | | (H) the Consumer Fraud and Deceptive Business | 7 | | Practices Act.
| 8 | | (8) A statement that, within 10 years of application,
| 9 | | each officer, director, shareholder having a
10% or greater | 10 | | ownership interest therein, proprietor,
partner, member, | 11 | | officer, director, trustee, manager, or
other principal in | 12 | | the business of the applicant has not committed, as | 13 | | determined
in any civil, criminal, or administrative | 14 | | proceeding, in
any calendar year one or more
forcible | 15 | | felonies under the Criminal Code of 1961 or the
Criminal | 16 | | Code of 2012, or a violation of either or both Article 16 | 17 | | or 17 of the Criminal Code of 1961, or a violation of | 18 | | either or both Article 16 or 17 of the Criminal Code of | 19 | | 2012, Article 29B of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012, or a similar out-of-state offense.
| 21 | | For the purposes of this paragraph, "forcible felony" has
| 22 | | the meaning provided in Section 2-8 of the Criminal Code
of | 23 | | 2012. | 24 | | (9) A bond or Certificate of Deposit in the amount of | 25 | | $50,000 for
each location at which the applicant intends to | 26 | | act as a Buy Here, Pay Here used vehicle dealer. The bond |
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| 1 | | shall be for the term of the license. The bond shall run
to | 2 | | 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 Buy Here, Pay Here used | 8 | | vehicle dealer. | 9 | | (10) Such other information concerning the business of | 10 | | the applicant as
the Secretary of State may by rule | 11 | | prescribe.
| 12 | | (11) A statement that the applicant understands | 13 | | Chapter 1 through
Chapter 5 of this Code.
| 14 | | (12) A copy of the certification from the prelicensing | 15 | | education
program. | 16 | | (d) Any change that renders no longer accurate any | 17 | | information
contained in any application for a Buy Here, Pay | 18 | | Here used vehicle dealer's license shall
be amended within 30 | 19 | | days after the occurrence of each change on such
form as the | 20 | | Secretary of State may prescribe by rule,
accompanied by an | 21 | | amendatory fee of $2.
| 22 | | (e) Anything in this Chapter to the contrary | 23 | | notwithstanding, no
person shall be licensed as a Buy Here, Pay | 24 | | Here used vehicle dealer unless the person
maintains an | 25 | | established place of business as
defined in this Chapter.
| 26 | | (f) The Secretary of State shall, within a reasonable time |
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| 1 | | after
receipt, examine an application submitted under this | 2 | | Section.
Unless the Secretary makes a determination that the | 3 | | application does not conform to this Section or that grounds | 4 | | exist
for a denial of the application under Section 5-501 of | 5 | | this Chapter, the Secretary
must grant the applicant an | 6 | | original Buy Here, Pay Here used vehicle dealer's license in
| 7 | | writing for his or her established place of business and a | 8 | | supplemental license
in writing for each additional place of | 9 | | business in such form as the Secretary may
prescribe by rule | 10 | | that shall include the following:
| 11 | | (1) The name of the person licensed.
| 12 | | (2) If a corporation, the name and address of its | 13 | | officers or 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 of each partner, member, officer, director, | 17 | | trustee, or
manager.
| 18 | | (3) In the case of an original license, the established | 19 | | place of business
of the licensee.
| 20 | | (4) In the case of a supplemental license, the | 21 | | established place of
business of the licensee and the | 22 | | additional place of business to which the
supplemental | 23 | | license pertains. | 24 | | (g) The appropriate instrument evidencing the license or a | 25 | | certified
copy thereof, provided by the Secretary of State | 26 | | shall be kept posted,
conspicuously, in the established place |
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| 1 | | of business of the licensee and
in each additional place of | 2 | | business, if any, maintained by the
licensee.
| 3 | | (h) Except as provided in subsection (i), all Buy Here, Pay | 4 | | Here used
vehicle dealer's licenses granted under this Section | 5 | | expire by operation
of law on December 31 of the calendar year | 6 | | for which they are granted
unless sooner revoked or cancelled | 7 | | under Section 5-501 of this Chapter.
| 8 | | (i) A Buy Here, Pay Here used vehicle dealer's license may | 9 | | be renewed upon application
and payment of the fee required | 10 | | herein, and submission of proof of
coverage by an approved bond | 11 | | under the Retailers' Occupation Tax Act
or proof that the | 12 | | applicant is not subject to such bonding requirements, as
in | 13 | | the case of an original license, but in the case of an | 14 | | application for the
renewal of an effective license made during | 15 | | the month of December,
the effective license shall remain in | 16 | | force until the application for
renewal is granted or denied by | 17 | | the Secretary of State.
| 18 | | (j) Each person licensed as a Buy Here, Pay Here used | 19 | | vehicle dealer is required to
furnish each purchaser of a motor | 20 | | vehicle:
| 21 | | (1) a certificate of title properly assigned to the | 22 | | purchaser;
| 23 | | (2) a statement verified under oath that all | 24 | | identifying numbers on
the vehicle agree with those on the | 25 | | certificate of title;
| 26 | | (3) a bill of sale properly executed on behalf of the |
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| 1 | | person;
| 2 | | (4) a copy of the Uniform Invoice-transaction | 3 | | reporting return
referred to in Section 5-402;
| 4 | | (5) in the case of a rebuilt vehicle, a copy of the | 5 | | Disclosure of Rebuilt
Vehicle Status; and
| 6 | | (6) in the case of a vehicle for which the warranty has | 7 | | been reinstated, a
copy of the warranty.
| 8 | | (k) Except at the time of sale or repossession of the | 9 | | vehicle, no
person licensed as a Buy Here, Pay Here used | 10 | | vehicle dealer may issue any other person a newly
created key | 11 | | to a vehicle unless the Buy Here, Pay Here used vehicle dealer | 12 | | makes a color photocopy or electronic scan of the
driver's | 13 | | license or State identification card of the person requesting | 14 | | or
obtaining the newly created key. The Buy Here, Pay Here used | 15 | | vehicle dealer must retain the photocopy or scan
for 30 days. | 16 | | A Buy Here, Pay Here used vehicle dealer who violates this | 17 | | subsection (k) is guilty of a
petty offense. Violation of this | 18 | | subsection (k) is not cause to suspend,
revoke, cancel, or deny | 19 | | renewal of the used vehicle dealer's license. | 20 | | (l) A Buy Here, Pay Here used vehicle dealer licensed under | 21 | | this Section shall provide the Secretary of State a register | 22 | | for the sale at auction of each salvage or junk certificate | 23 | | vehicle. Each register shall include the following | 24 | | information: | 25 | | (1) the year, make, model, style, and color of the | 26 | | vehicle; |
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| 1 | | (2) the vehicle's manufacturer's identification number | 2 | | or, if applicable, the Secretary of State or Illinois | 3 | | Department of State Police identification number; | 4 | | (3) the date of acquisition of the vehicle; | 5 | | (4) the name and address of the person from whom the | 6 | | vehicle was acquired; | 7 | | (5) the name and address of the person to whom any | 8 | | vehicle was disposed, the person's Illinois license number | 9 | | or, if the person is an out-of-state salvage vehicle buyer, | 10 | | the license number from the state or jurisdiction where the | 11 | | buyer is licensed; and | 12 | | (6) the purchase price of the vehicle. | 13 | | The register shall be submitted to the Secretary of State | 14 | | via written or electronic means within 10 calendar days from | 15 | | the date of the auction. | 16 | | (625 ILCS 5/5-102.9 new) | 17 | | Sec. 5-102.9. Alternative vehicle sales and ownership. | 18 | | (a) The Secretary may create special dealership licenses | 19 | | for entities that specialize in specific types of used motor | 20 | | vehicles that may be based on model, make, age, or any other | 21 | | factor that the Secretary deems appropriate. | 22 | | (b) Any owner who is not a manufacturer of the vehicle and | 23 | | chooses to lease a used vehicle for a period of less than 12 | 24 | | months shall ensure that the lessee maintains valid | 25 | | registration and liability insurance as set forth in Chapter 7 |
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| 1 | | of this Code. The owner of the vehicle shall not collect any | 2 | | fees in connection with the registration of the vehicle unless | 3 | | the owner is also a licensed remittance agent under this Code. | 4 | | (c) The Secretary may adopt any rules necessary to | 5 | | implement this Section.
| 6 | | (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
| 7 | | Sec. 5-401.2. Licensees required to keep records and make | 8 | | inspections.
| 9 | | (a) Every person licensed or required to be licensed under | 10 | | Section 5-101,
5-101.1, 5-101.2, 5-102, 5-102.8, 5-301 , or | 11 | | 5-302 of this Code, shall, with the exception of
scrap
| 12 | | processors, maintain for 3 years, in a form as the Secretary of | 13 | | State may by
rule or regulation prescribe, at his established | 14 | | place of business, additional
place of business, or principal | 15 | | place of business if licensed under Section
5-302, the | 16 | | following records relating to the acquisition or disposition of
| 17 | | vehicles and their essential parts possessed in this State, | 18 | | brought into this
State from another state, territory or | 19 | | country, or sold or transferred to
another person in this State | 20 | | or in another state, territory, or country.
| 21 | | (1) The following records pertaining to new or used | 22 | | vehicles shall be
kept:
| 23 | | (A) the year, make, model, style and color of the | 24 | | vehicle;
| 25 | | (B) the vehicle's manufacturer's identification |
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| 1 | | number or, if
applicable, the Secretary of State or | 2 | | Illinois Department of State Police
identification | 3 | | number;
| 4 | | (C) the date of acquisition of the vehicle;
| 5 | | (D) the name and address of the person from whom | 6 | | the vehicle was
acquired and, if that person is a | 7 | | dealer, the Illinois or out-of-state
dealer license | 8 | | number of such person;
| 9 | | (E) the signature of the person making the | 10 | | inspection of a used vehicle
as required under | 11 | | subsection (d) of this Section, if applicable;
| 12 | | (F) the purchase price of the vehicle, if | 13 | | applicable;
| 14 | | (G) the date of the disposition of the vehicle;
| 15 | | (H) the name and address of the person to whom any | 16 | | vehicle was
disposed, and if that person is a dealer, | 17 | | the Illinois
or out-of-State dealer's license number | 18 | | of that dealer;
| 19 | | (I) the uniform invoice number reflecting the | 20 | | disposition of the
vehicle, if applicable; and
| 21 | | (J) The sale price of the vehicle, if applicable.
| 22 | | (2) (A) The following records pertaining to used | 23 | | essential
parts other than quarter panels and | 24 | | transmissions of vehicles of the first
division shall be | 25 | | kept:
| 26 | | (i) the year, make, model, color and type of such |
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| 1 | | part;
| 2 | | (ii) the vehicle's manufacturer's identification | 3 | | number, derivative
number, or, if applicable, the | 4 | | Secretary of State or Illinois Department of
State | 5 | | Police identification number of such part;
| 6 | | (iii) the date of the acquisition of each part;
| 7 | | (iv) the name and address of the person from whom | 8 | | the part was
acquired and, if that person is a dealer, | 9 | | the Illinois or out-of-state
dealer license number of | 10 | | such person; if the essential part being acquired
is | 11 | | from a person other than a dealer, the licensee shall | 12 | | verify and record
that person's identity by recording | 13 | | the identification numbers from at
least two sources of | 14 | | identification, one of which shall be a drivers
license | 15 | | or State identification card;
| 16 | | (v) the uniform invoice number or out-of-state | 17 | | bill of sale number
reflecting the acquisition of such | 18 | | part;
| 19 | | (vi) the stock number assigned to the essential | 20 | | part by the licensee,
if applicable;
| 21 | | (vii) the date of the disposition of such part;
| 22 | | (viii) the name and address of the person to whom | 23 | | such
part was disposed of and, if that person is a | 24 | | dealer, the Illinois or
out-of-state dealer license | 25 | | number of that person;
| 26 | | (ix) the uniform invoice number reflecting the |
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| 1 | | disposition of
such part.
| 2 | | (B) Inspections of all essential parts shall be | 3 | | conducted in accordance
with Section 5-402.1.
| 4 | | (C) A separate entry containing all of the information | 5 | | required to be
recorded in subparagraph (A) of paragraph | 6 | | (2) of subsection (a) of this
Section shall be made for | 7 | | each separate essential part. Separate entries
shall be | 8 | | made regardless of whether the part was a large purchase
| 9 | | acquisition. In addition, a separate entry shall be made | 10 | | for each part
acquired for immediate sale or transfer, or | 11 | | for placement into the overall
inventory or stock to be | 12 | | disposed of at a later time, or for use on a
vehicle to be | 13 | | materially altered by the licensee, or acquired for any | 14 | | other
purpose or reason. Failure to make a separate entry | 15 | | for each essential part
acquired or disposed of, or a | 16 | | failure to record any of the specific
information required | 17 | | to be recorded concerning the acquisition or
disposition of | 18 | | each essential part as set forth in subparagraph (A) of
| 19 | | paragraph (2) of subsection (a) shall constitute a failure | 20 | | to keep records.
| 21 | | (D) The vehicle's manufacturer's identification number | 22 | | or Secretary of
State or Illinois Department of State | 23 | | Police identification number for the
essential part shall | 24 | | be ascertained and recorded even if such part is
acquired | 25 | | from a person or dealer located in a State, territory, or | 26 | | country
which does not require that such information be |
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| 1 | | recorded. If the vehicle's
manufacturer's identification | 2 | | number or Secretary of State or
Illinois Department of | 3 | | State Police identification number for an essential part
| 4 | | cannot be obtained, that part shall not be acquired by the | 5 | | licensee or any of
his agents or employees. If such part or | 6 | | parts were physically acquired by the
licensee or any of | 7 | | his agents or employees while the licensee or
agent or | 8 | | employee was outside this State, that licensee or agent or
| 9 | | employee was outside the State, that licensee, agent or | 10 | | employee shall not
bring such essential part into this | 11 | | State or cause it to be brought into
this State. The | 12 | | acquisition or disposition of an essential part by a
| 13 | | licensee without the recording of the vehicle | 14 | | identification number or
Secretary of State identification | 15 | | number for such part or the
transportation into the State | 16 | | by the licensee or his agent or employee of
such part or | 17 | | parts shall constitute a failure to keep records.
| 18 | | (E) The records of essential parts required to be kept | 19 | | by this Section
shall apply to all hulks, chassis, frames | 20 | | or cowls, regardless of the age
of those essential parts. | 21 | | The records required to be kept by this Section
for | 22 | | essential parts other than hulks, chassis, frames or cowls, | 23 | | shall apply
only to those essential parts which are 6 model | 24 | | years of age or newer. In
determining the model year of | 25 | | such an essential part it may be presumed
that the | 26 | | identification number of the vehicle from which the |
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| 1 | | essential part
came or the identification number affixed to | 2 | | the essential part itself
acquired by the licensee denotes | 3 | | the model year of that essential part.
This presumption, | 4 | | however, shall not apply if the gross appearance of the
| 5 | | essential part does not correspond to the year, make or | 6 | | model of either the
identification number of the vehicle | 7 | | from which the essential part is
alleged to have come or | 8 | | the identification number which is affixed to the
essential | 9 | | part itself. To determine whether an essential part is 6 | 10 | | years
of age or newer within this paragraph, the model year | 11 | | of the
essential part shall be subtracted from the calendar | 12 | | year in which the
essential part is acquired or disposed of | 13 | | by the licensee. If the
remainder is 6 or less, the record | 14 | | of the acquisition or disposition of
that essential part | 15 | | shall be kept as required by this Section.
| 16 | | (F) The requirements of paragraph (2) of subsection (a) | 17 | | of this
Section shall not apply to the disposition of an | 18 | | essential part other than
a cowl which has been damaged or | 19 | | altered to a state in which it can no
longer be returned to | 20 | | a usable condition and which is being sold or
transferred | 21 | | to a scrap processor or for delivery to a scrap processor.
| 22 | | (3) the following records for vehicles on which junking | 23 | | certificates are
obtained shall be kept:
| 24 | | (A) the year, make, model, style and color of the | 25 | | vehicle;
| 26 | | (B) 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 | | (C) the date the vehicle was acquired;
| 4 | | (D) the name and address of the person from whom the | 5 | | vehicle was
acquired and, if that person is a dealer, the | 6 | | Illinois or out-of-state
dealer license number of that | 7 | | person;
| 8 | | (E) the certificate of title number or salvage | 9 | | certificate number for
the vehicle, if applicable;
| 10 | | (F) the junking certificate number obtained by the | 11 | | licensee; this entry
shall be recorded at the close of | 12 | | business of the fifth business
day after
receiving the | 13 | | junking certificate;
| 14 | | (G) the name and address of the person to whom the | 15 | | junking certificate
has been assigned, if applicable, and | 16 | | if that person is a dealer, the Illinois
or out-of-state | 17 | | dealer license number of that dealer;
| 18 | | (H) if the vehicle or any part of the vehicle is | 19 | | dismantled for its
parts to be disposed of in any way, or | 20 | | if such parts are to be used by the
licensee to materially | 21 | | alter a vehicle, those essential parts shall be
recorded | 22 | | and the entries required by
paragraph (2) of subsection (a) | 23 | | shall be made.
| 24 | | (4) The following records for rebuilt vehicles shall be | 25 | | kept:
| 26 | | (A) the year, make, model, style and color of the |
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| 1 | | vehicle;
| 2 | | (B) the vehicle's manufacturer's identification number | 3 | | of the vehicle
or, if applicable, the Secretary of State or | 4 | | Illinois Department of State
Police identification number;
| 5 | | (C) the date the vehicle was acquired;
| 6 | | (D) the name and address of the person from whom the
| 7 | | vehicle was acquired, and if that person is a dealer, the | 8 | | Illinois or
out-of-state dealer license number of that
| 9 | | person;
| 10 | | (E) the salvage certificate number for the vehicle;
| 11 | | (F) the newly issued certificate of title number for | 12 | | the vehicle;
| 13 | | (G) the date of disposition of the vehicle;
| 14 | | (H) the name and address of the person to whom the | 15 | | vehicle was
disposed, and if a dealer, the Illinois or | 16 | | out-of-state dealer license
number of that dealer;
| 17 | | (I) The sale price of the vehicle.
| 18 | | (a-1) A person licensed or required to be licensed under | 19 | | Section 5-101 or
Section 5-102 of this Code who issues | 20 | | temporary registration permits as
permitted by
this Code and by | 21 | | rule must electronically file the registration with the
| 22 | | Secretary and must maintain records of the registration in the | 23 | | manner
prescribed by the Secretary.
| 24 | | (b) A failure to make separate entries for each vehicle | 25 | | acquired,
disposed of, or assigned, or a failure to record any | 26 | | of the specific
information required to be recorded concerning |
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| 1 | | the acquisition or
disposition of each vehicle as set forth in | 2 | | paragraphs (1),
(3) and (4) of subsection (a) shall constitute | 3 | | a failure to keep records.
| 4 | | (c) All entries relating to the acquisition of a vehicle or | 5 | | essential
part required by subsection (a) of this Section shall | 6 | | be recorded no later than
the close of business on the seventh | 7 | | calendar day following such acquisition.
All entries relating | 8 | | to the disposition of a vehicle or an essential part
shall be | 9 | | made at the time of such disposition. If the vehicle or | 10 | | essential
part was disposed of on the same day as its | 11 | | acquisition or the day
thereafter, the entries relating to the | 12 | | acquisition of the vehicle or
essential part shall be made at | 13 | | the time of the disposition of the vehicle
or essential part. | 14 | | Failure to make the entries required in or at the times
| 15 | | prescribed by this subsection following the acquisition or | 16 | | disposition of
such vehicle or essential part shall constitute | 17 | | a failure to keep records.
| 18 | | (d) Every person licensed or required to be licensed shall,
| 19 | | before accepting delivery of a used vehicle, inspect the
| 20 | | vehicle to determine whether the manufacturer's public vehicle
| 21 | | identification number has been defaced, destroyed,
falsified, | 22 | | removed, altered, or tampered with in any way. If the person
| 23 | | making the inspection determines that the manufacturer's | 24 | | public vehicle
identification number has been altered, | 25 | | removed, defaced, destroyed,
falsified or tampered with he | 26 | | shall not acquire that vehicle but instead
shall promptly |
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| 1 | | notify law enforcement authorities of his finding.
| 2 | | (e) The information required to be kept in subsection (a) | 3 | | of this
Section shall be kept in a manner prescribed by rule or | 4 | | regulation of the
Secretary of State.
| 5 | | (f) Every person licensed or required to be licensed shall | 6 | | have in his
possession a separate certificate of title, salvage | 7 | | certificate, junking
certificate, certificate of purchase, | 8 | | uniform invoice, out-of-state bill of
sale or other acceptable | 9 | | documentary evidence of his right to the
possession of every | 10 | | vehicle or essential part.
| 11 | | (g) Every person licensed or required to be licensed as a | 12 | | transporter
under Section 5-201 shall maintain for 3 years, in | 13 | | such form as the
Secretary of State may by rule or regulation | 14 | | prescribe, at his principal
place of business a record of every | 15 | | vehicle transported by him, including
numbers of or other marks | 16 | | of identification thereof, the names and
addresses of persons | 17 | | from whom and to whom the vehicle was delivered and
the dates | 18 | | of delivery.
| 19 | | (h) No later than 15 days prior to going out of business, | 20 | | selling the
business, or transferring the ownership of the | 21 | | business, the licensee shall
notify the Secretary of State that | 22 | | he is going out of business or that he
is transferring the | 23 | | ownership of the business. Failure to notify under this
| 24 | | paragraph shall constitute a failure to keep records.
| 25 | | (i) (Blank).
| 26 | | (j) A person who knowingly fails to comply with the |
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| 1 | | provisions of this
Section or
knowingly fails to obey, observe, | 2 | | or comply with any order of the Secretary or
any law
| 3 | | enforcement agency issued
in accordance with this Section is | 4 | | guilty of a Class B misdemeanor for the
first violation and a | 5 | | Class A misdemeanor for the second and subsequent
violations. | 6 | | Each violation constitutes a separate and distinct offense and | 7 | | a
separate count may be brought in the same indictment or | 8 | | information for each
vehicle or each essential part of a | 9 | | vehicle for which a record was not kept as
required by this | 10 | | Section.
| 11 | | (k) Any person convicted of failing to keep the records | 12 | | required by this
Section with intent to conceal the identity or | 13 | | origin of a vehicle or its
essential parts or with intent to | 14 | | defraud the public in the transfer or sale of
vehicles or their | 15 | | essential parts is guilty of a Class 2 felony. Each violation
| 16 | | constitutes a separate and distinct offense and a separate | 17 | | count may be brought
in the same indictment or information for | 18 | | each vehicle or
essential part of a vehicle for which a record | 19 | | was not kept as required by this
Section.
| 20 | | (l) A person may not be criminally charged with or | 21 | | convicted of both a
knowing failure to comply with this Section | 22 | | and a knowing failure to comply
with any order, if both | 23 | | offenses involve the same record keeping violation.
| 24 | | (m) The Secretary shall adopt rules necessary for | 25 | | implementation of this
Section, which may include the | 26 | | imposition of administrative fines.
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| 1 | | (Source: P.A. 99-593, eff. 7-22-16.)
| 2 | | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
| 3 | | Sec. 5-402.1.
Use of Secretary of State Uniform Invoice for | 4 | | Essential
Parts.
| 5 | | (a) Except for scrap processors, every person licensed or | 6 | | required
to be licensed under Section 5-101, 5-101.1, 5-102 , | 7 | | 5-102.8, or 5-301 of this Code
shall
issue, in a form the | 8 | | Secretary of State may by rule or regulation
prescribe, a | 9 | | Uniform Invoice, which may also act as a bill of sale, made
out | 10 | | in triplicate with respect to each transaction in which he | 11 | | disposes of
an essential part other than quarter panels and | 12 | | transmissions of vehicles
of the first division. Such Invoice | 13 | | shall be made out at the time of the
disposition of the | 14 | | essential part. If the licensee disposes of several
essential | 15 | | parts in the same transaction, the licensee may issue one | 16 | | Uniform
Invoice covering all essential parts disposed of in | 17 | | that transaction.
| 18 | | (b) The following information shall be contained on the | 19 | | Uniform Invoice:
| 20 | | (1) the business name, address and dealer license | 21 | | number of the person
disposing of the essential part;
| 22 | | (2) the name and address of the person acquiring the | 23 | | essential part,
and if that person is a dealer, the | 24 | | Illinois or out-of-state dealer license
number of that | 25 | | dealer;
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| 1 | | (3) the date of the disposition of the essential part;
| 2 | | (4) the year, make, model, color and description of | 3 | | each essential part
disposed of by the person;
| 4 | | (5) the manufacturer's vehicle identification number, | 5 | | Secretary of State
identification
number or Illinois | 6 | | Department of State Police identification number,
for each | 7 | | essential
part disposed of by the person;
| 8 | | (6) the printed name and legible signature of the | 9 | | person or agent disposing of the
essential part; and
| 10 | | (7) if the person is a dealer the printed name and | 11 | | legible
signature of the dealer or his agent or employee | 12 | | accepting
delivery of
the essential part.
| 13 | | (c) Except for scrap processors, and except as set forth in | 14 | | subsection
(d) of this Section, whenever a person licensed or
| 15 | | required to be licensed by Section
5-101, 5-101.1, 5-102, or | 16 | | 5-301 accepts delivery of an essential
part, other than quarter | 17 | | panels and transmissions of vehicles of the
first division, | 18 | | that person shall, at the time of the acceptance or
delivery, | 19 | | comply
with the following procedures:
| 20 | | (1) Before acquiring or accepting delivery of any
| 21 | | essential part, the licensee or
his authorized agent or | 22 | | employee shall inspect the part to determine
whether the | 23 | | vehicle identification number, Secretary of State
| 24 | | identification number, Illinois Department of State Police
| 25 | | identification number, or identification plate or sticker | 26 | | attached to or
stamped on any part being acquired or |
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| 1 | | delivered has been removed,
falsified, altered, defaced, | 2 | | destroyed, or tampered with. If the licensee
or his agent | 3 | | or employee determines that the vehicle identification | 4 | | number,
Secretary of State identification number, Illinois | 5 | | Department of State
Police identification number, | 6 | | identification plate or identification
sticker containing | 7 | | an identification number, or Federal Certificate label
of | 8 | | an essential part has been removed, falsified, altered, | 9 | | defaced,
destroyed or tampered with, the licensee or agent | 10 | | shall not accept or receive
that part.
| 11 | | If that part was physically acquired by or delivered to | 12 | | a licensee or
his agent or employee while that licensee, | 13 | | agent or employee was outside
this State, that licensee or | 14 | | agent or employee shall not bring that
essential part into | 15 | | this State or cause it to be brought into this State.
| 16 | | (2) If the person disposing of or delivering the | 17 | | essential part to
the licensee is a licensed in-state or | 18 | | out-of-state dealer, the licensee or
his agent or employee, | 19 | | after inspecting the essential part as required by
| 20 | | paragraph (1) of this subsection (c), shall examine the | 21 | | Uniform Invoice, or
bill of sale, as the case may be, to | 22 | | ensure that it contains all the
information required to be | 23 | | provided by persons disposing
of essential parts as set | 24 | | forth in subsection (b) of this Section. If the
Uniform | 25 | | Invoice or bill of sale does not contain all the | 26 | | information
required to be listed by subsection (b) of this |
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| 1 | | Section, the dealer
disposing of or delivering such part or | 2 | | his agent or employee shall record
such additional | 3 | | information or other needed modifications on the Uniform
| 4 | | Invoice or bill of sale or, if needed, an attachment | 5 | | thereto. The dealer
or his agent or employee delivering the | 6 | | essential part shall initial all
additions or | 7 | | modifications to the Uniform Invoice or bill of sale and
| 8 | | legibly print his name at the bottom of each document | 9 | | containing his
initials. If the transaction involves a bill | 10 | | of sale rather
than a Uniform Invoice, the licensee or his | 11 | | agent or employee accepting
delivery of or acquiring the | 12 | | essential part shall affix his printed name
and legible | 13 | | signature on the space on the bill of sale provided for his
| 14 | | signature or, if no space is provided, on the back of the | 15 | | bill of sale.
If the dealer or his agent or
employee | 16 | | disposing of or delivering the essential part cannot or | 17 | | does
not provide all the information required by
subsection | 18 | | (b) of this Section, the licensee or his agent or employee | 19 | | shall
not accept or receive any essential part for which | 20 | | that required
information is not provided. If such | 21 | | essential part for which the
information required is not | 22 | | fully provided was physically acquired while
the licensee | 23 | | or his agent or employee was outside this State, the | 24 | | licensee
or his agent or employee shall not bring that | 25 | | essential part into this
State or cause it to be brought | 26 | | into this State.
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| 1 | | (3) If the person disposing of the essential part is | 2 | | not a licensed
dealer, the licensee or his agent or | 3 | | employee shall, after inspecting the
essential part as | 4 | | required by paragraph (1) of subsection (c) of this
Section | 5 | | verify the identity of the person disposing of
the | 6 | | essential part
by examining 2 sources of identification, | 7 | | one of which shall be either a
driver's license or state | 8 | | identification card. The licensee or his agent
or employee | 9 | | shall then prepare a Uniform Invoice listing all the
| 10 | | information required to be provided by subsection (b) of | 11 | | this Section. In
the space on the Uniform Invoice provided | 12 | | for the dealer license number of
the person disposing of | 13 | | the part, the licensee or his agent or employee
shall list | 14 | | the numbers taken from the documents of identification | 15 | | provided
by the person disposing of the part. The person
| 16 | | disposing of the part
shall affix his printed name and | 17 | | legible signature on the space on the
Uniform Invoice | 18 | | provided for the person disposing of the
essential part and
| 19 | | the licensee or his agent or employee acquiring the part | 20 | | shall affix his
printed name and legible signature on the | 21 | | space provided on the Uniform
Invoice for the person | 22 | | acquiring the essential part. If the person
disposing of | 23 | | the essential part cannot or does not provide all the
| 24 | | information required to be provided by this paragraph, or | 25 | | does not present
2 satisfactory forms of identification, | 26 | | the licensee or his agent or
employee shall not acquire |
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| 1 | | that essential part.
| 2 | | (d) If an essential part other than quarter panels and
| 3 | | transmissions of vehicles of the first division was delivered | 4 | | by a licensed commercial
delivery service delivering such part | 5 | | on behalf of a licensed dealer, the
person required to comply | 6 | | with subsection (c) of this Section may conduct
the inspection | 7 | | of that part required by paragraph (1) of subsection (c) and | 8 | | examination
of the Uniform Invoice or bill of sale required by | 9 | | paragraph (2) of subsection (c) of
this Section immediately | 10 | | after the acceptance of the part.
| 11 | | (1) If the inspection of the essential part pursuant to | 12 | | paragraph (1) of subsection
(c) reveals that the vehicle | 13 | | identification number, Secretary of State
identification | 14 | | number, Illinois Department of State Police identification
| 15 | | number, identification plate or sticker containing an | 16 | | identification
number, or Federal Certificate label of an | 17 | | essential part has been removed,
falsified, altered, | 18 | | defaced, destroyed or tampered with, the licensee or
his | 19 | | agent shall immediately record such fact on the Uniform | 20 | | Invoice or bill
of sale, assign the part an inventory or | 21 | | stock number, place such inventory
or stock number on both | 22 | | the essential part and the Uniform Invoice or bill
of sale, | 23 | | and record the date of the inspection of the part on the | 24 | | Uniform
Invoice or bill of sale.
The licensee shall, within | 25 | | 7 days of such inspection, return such part to
the dealer | 26 | | from whom it was acquired.
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| 1 | | (2) If the examination of the Uniform Invoice or bill | 2 | | of sale pursuant
to paragraph (2) of subsection (c) reveals | 3 | | that any of the information required to be
listed by | 4 | | subsection (b) of this Section is missing, the licensee or | 5 | | person
required to be licensed shall immediately assign a | 6 | | stock or inventory
number to such part, place such stock or | 7 | | inventory number on both the
essential part and the Uniform | 8 | | Invoice or bill of sale, and record the date
of examination | 9 | | on the Uniform Invoice or bill of sale. The licensee or
| 10 | | person required to be licensed shall acquire the | 11 | | information missing from
the Uniform Invoice or bill of | 12 | | sale within 7 days of the examination of
such Uniform | 13 | | Invoice or bill of sale. Such information may be received | 14 | | by
telephone conversation with the dealer from whom the | 15 | | part was acquired. If
the dealer provides the missing | 16 | | information the licensee shall record such
information on | 17 | | the Uniform Invoice or bill of sale along with the name of
| 18 | | the person providing the information. If the dealer does | 19 | | not provide the
required information within the | 20 | | aforementioned 7 day period, the licensee
shall return the | 21 | | part to that dealer.
| 22 | | (e) Except for scrap processors, all persons licensed or | 23 | | required to
be licensed who acquire or
dispose of essential | 24 | | parts other than quarter panels and transmissions of
vehicles | 25 | | of the first division shall retain a copy of the Uniform | 26 | | Invoice
required to be made by subsections (a), (b) and (c) of |
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| 1 | | this Section for a
period of 3 years.
| 2 | | (f) Except for scrap processors, any person licensed or | 3 | | required to
be licensed under Sections 5-101,
5-102 or 5-301 | 4 | | who knowingly fails to record on a Uniform Invoice any of the
| 5 | | information or entries required to be recorded by subsections | 6 | | (a), (b) and
(c) of this Section, or who knowingly places false | 7 | | entries or other misleading
information on such Uniform | 8 | | Invoice, or who knowingly fails to retain for 3 years a
copy of | 9 | | a Uniform Invoice reflecting transactions required to be | 10 | | recorded
by subsections (a), (b) and (c) of this Section, or | 11 | | who knowingly acquires or
disposes of essential parts without | 12 | | receiving, issuing, or executing a
Uniform Invoice reflecting | 13 | | that transaction as required by subsections (a),
(b) and (c) of | 14 | | this Section, or who brings or causes to be brought into
this | 15 | | State essential parts for which the information required to be
| 16 | | recorded on a Uniform Invoice is not recorded as prohibited by | 17 | | subsection
(c) of this Section, or who knowingly fails to | 18 | | comply with the provisions of
this
Section in any other manner | 19 | | shall be guilty of a Class 2 felony. Each
violation shall | 20 | | constitute a separate and distinct offense and a separate
count | 21 | | may be brought in the same indictment or information for each
| 22 | | essential part for which a record was not kept as required by | 23 | | this Section
or for which the person failed to comply with | 24 | | other provisions of this
Section.
| 25 | | (g) The records required to be kept by this Section
may be | 26 | | examined by a person or persons making a lawful
inspection of |
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| 1 | | the licensee's premises pursuant to Section 5-403.
| 2 | | (h) The records required to be kept by this Section shall | 3 | | be retained by
the licensee at his principal place of business | 4 | | for a period of 7 years.
| 5 | | (i) The requirements of this Section shall not apply to the | 6 | | disposition
of an essential part other than a cowl which has | 7 | | been damaged or altered to
a state in which it can no longer be | 8 | | returned to a usable condition and
which is being sold or | 9 | | transferred to a scrap processor or for delivery to
a scrap | 10 | | processor.
| 11 | | (Source: P.A. 91-415, eff. 1-1-00.)
| 12 | | (625 ILCS 5/5-403.1) (from Ch. 95 1/2, par. 5-403.1)
| 13 | | Sec. 5-403.1. Inventory System.
| 14 | | (a) Every person licensed or required
to be licensed under | 15 | | the provisions of Sections 5-101, 5-101.1, 5-102 , 5-102.8, and
| 16 | | 5-301 of
this Code shall, under rule and regulation prescribed | 17 | | by the Secretary of
State, maintain an inventory system of all | 18 | | vehicles or essential parts in
such a manner that a person | 19 | | making an inspection pursuant to the provisions
of Section | 20 | | 5-403 of this Code can readily ascertain the identity of such
| 21 | | vehicles or essential parts and readily locate such parts on | 22 | | the licensees
premises.
| 23 | | (b) Failure to maintain an inventory system as required | 24 | | under this Section
is a Class A misdemeanor.
| 25 | | (c) This Section does not apply to vehicles or essential |
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| 1 | | parts which have
been acquired by a scrap processor for | 2 | | processing into a form other than
a vehicle or essential part.
| 3 | | (Source: P.A. 91-415, eff. 1-1-00.)
| 4 | | (625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
| 5 | | Sec. 5-501. Denial, suspension or revocation or | 6 | | cancellation of a license. | 7 | | (a) The license of a person issued under this Chapter may | 8 | | be denied,
revoked or suspended if the Secretary of State finds | 9 | | that the applicant,
or the officer, director, shareholder | 10 | | having a ten percent or
greater ownership interest in the | 11 | | corporation, owner, partner, trustee,
manager, employee or the | 12 | | licensee
has:
| 13 | | 1. Violated this Act;
| 14 | | 2. Made any material misrepresentation to the | 15 | | Secretary of State in
connection with an application for a | 16 | | license, junking certificate,
salvage certificate, title | 17 | | or registration;
| 18 | | 3. Committed a fraudulent act in connection with | 19 | | selling,
bartering, exchanging, offering for sale or | 20 | | otherwise dealing in
vehicles, chassis, essential parts, | 21 | | or vehicle shells;
| 22 | | 4. As a new vehicle dealer has no contract with a | 23 | | manufacturer or
enfranchised distributor to sell that new | 24 | | vehicle in this State;
| 25 | | 5. Not maintained an established place of business as |
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| 1 | | defined in
this Code;
| 2 | | 6. Failed to file or produce for the Secretary of State | 3 | | any
application, report, document or other pertinent | 4 | | books, records,
documents, letters, contracts, required to | 5 | | be filed or produced under
this Code or any rule or | 6 | | regulation made by the Secretary of State
pursuant to this | 7 | | Code;
| 8 | | 7. Previously had, within 3 years, such a license | 9 | | denied, suspended,
revoked, or cancelled under the | 10 | | provisions of subsection (c)(2)
of this Section;
| 11 | | 8. Has committed in any calendar year 3 or more | 12 | | violations, as
determined in any civil or criminal | 13 | | proceeding, of any one or more of
the following Acts:
| 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. "An Act in relation to the rate of interest and | 20 | | other charges in
connection with sales on credit and | 21 | | the lending of money", approved May
24, 1879, as | 22 | | amended;
| 23 | | f. "An Act to promote the welfare of wage-earners | 24 | | by regulating the
assignment of wages, and prescribing | 25 | | a penalty for the violation
thereof", approved July 1, | 26 | | 1935, as amended;
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| 1 | | g. Part 8 of Article XII of the Code of Civil | 2 | | Procedure; or
| 3 | | h. the "Consumer Fraud Act";
| 4 | | 9. Failed to pay any fees or taxes due under this Act, | 5 | | or has
failed to transmit any fees or taxes received by him | 6 | | for transmittal by
him to the Secretary of State or the | 7 | | State of Illinois;
| 8 | | 10. Converted an abandoned vehicle;
| 9 | | 11. Used a vehicle identification plate or number | 10 | | assigned to a
vehicle other than the one to which | 11 | | originally assigned;
| 12 | | 12. Violated the provisions of Chapter 5 of this Act, | 13 | | as amended;
| 14 | | 13. Violated the provisions of Chapter 4 of this Act, | 15 | | as amended;
| 16 | | 14. Violated the provisions of Chapter 3 of this Act, | 17 | | as amended;
| 18 | | 15. Violated Section 21-2 of the Criminal Code of 1961 | 19 | | or the Criminal Code of 2012, Criminal Trespass
to | 20 | | Vehicles;
| 21 | | 16. Made or concealed a material fact in connection | 22 | | with his application
for a license;
| 23 | | 17. Acted in the capacity of a person licensed or acted | 24 | | as a licensee
under this Chapter without having a license | 25 | | therefor;
| 26 | | 18. Failed to pay, within 90 days after a final |
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| 1 | | judgment, any fines
assessed against the licensee pursuant | 2 | | to an action brought under Section 5-404;
| 3 | | 19. Failed to pay the Dealer Recovery Trust Fund fee | 4 | | under Section 5-102.7 of this Code; | 5 | | 20. Failed to pay, within 90 days after notice has been | 6 | | given, any fine or fee owed as a result of an | 7 | | administrative citation issued by the Secretary under this | 8 | | Code ; . | 9 | | 21. Violated Article 16 or 17 of the Criminal Code of | 10 | | 2102; | 11 | | 22. Was convicted of a forcible felony under either the | 12 | | Criminal Code of 1961 or Criminal Code of 2012 or convicted | 13 | | of a similar out-of-state offense. | 14 | | (b) In addition to other grounds specified in this Chapter, | 15 | | the
Secretary of State, on complaint of the Department of | 16 | | Revenue, shall
refuse the issuance or renewal of a license, or | 17 | | suspend or revoke such
license, for any of the following | 18 | | violations of the "Retailers'
Occupation Tax Act", the tax | 19 | | imposed on corporations under subsection (b) of Section 201 of | 20 | | the Illinois Income Tax Act, the Personal Property Tax | 21 | | Replacement Income Tax imposed under subsections (c) and (d) of | 22 | | Section 201 of the Illinois Income Tax Act, or the tax imposed | 23 | | under Section 704A of the Illinois Income Tax Act:
| 24 | | 1. Failure to make a tax return;
| 25 | | 2. The filing of a fraudulent return;
| 26 | | 3. Failure to pay all or part of any tax or penalty |
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| 1 | | finally
determined to be due;
| 2 | | 4. Failure to comply with the bonding requirements of | 3 | | the
"Retailers' Occupation Tax Act".
| 4 | | (b-1) In addition to other grounds specified in this | 5 | | Chapter, the
Secretary of State, on complaint of the Motor | 6 | | Vehicle Review Board, shall
refuse the issuance or renewal of a | 7 | | license, or suspend or revoke that
license, if costs or fees | 8 | | assessed under Section 29 or Section 30 of the Motor Vehicle | 9 | | Franchise Act have remained unpaid for a period in excess of 90 | 10 | | days after the licensee received from the Motor Vehicle Board a | 11 | | second notice and demand for the costs or fees. The Motor | 12 | | Vehicle Review Board must send the licensee written notice and | 13 | | demand for payment of the fees or costs at least 2 times, and | 14 | | the second notice and demand must be sent by certified mail.
| 15 | | (c) Cancellation of a license.
| 16 | | 1. The license of a person issued under this Chapter | 17 | | may be cancelled
by the Secretary of State prior to its | 18 | | expiration in any of the following
situations:
| 19 | | A. When a license is voluntarily surrendered, by | 20 | | the licensed person;
or
| 21 | | B. If the business enterprise is a sole | 22 | | proprietorship, which is not a
franchised dealership, | 23 | | when the sole proprietor dies or is imprisoned for
any | 24 | | period of time exceeding 30 days; or
| 25 | | C. If the license was issued to the wrong person or | 26 | | corporation, or
contains an error on its face. If any |
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| 1 | | person above whose license
has been cancelled wishes to | 2 | | apply for another license, whether during the
same | 3 | | license year or any other year, that person shall be | 4 | | treated as any
other new applicant and the cancellation | 5 | | of the person's prior license
shall not, in and of | 6 | | itself, be a bar to the issuance of a new license.
| 7 | | 2. The license of a person issued under this Chapter | 8 | | may be cancelled
without a hearing when the Secretary of | 9 | | State is notified that the
applicant, or any officer, | 10 | | director, shareholder having a 10 per cent or
greater | 11 | | ownership interest in the corporation, owner, partner, | 12 | | trustee,
manager, employee or member of the applicant or | 13 | | the licensee has been
convicted of any felony involving the | 14 | | selling, bartering, exchanging,
offering for sale, or | 15 | | otherwise dealing in vehicles, chassis, essential
parts, | 16 | | vehicle shells, or ownership documents relating to any of | 17 | | the
above items.
| 18 | | (Source: P.A. 97-480, eff. 10-1-11; 97-838, eff. 7-20-12; | 19 | | 97-1150, eff. 1-25-13; 98-1080, eff. 8-26-14.)
| 20 | | (625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
| 21 | | Sec. 5-503. Failure to obtain dealer's license, operation | 22 | | of a business
with a suspended or revoked license. | 23 | | (a) Any person operating a business
for which he is | 24 | | required to be licensed under Section 5-101, 5-101.2, 5-102, | 25 | | 5-102.8, 5-201,
or 5-301 who fails to apply for such a license |
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| 1 | | or licenses within 15 days
after being informed in writing by | 2 | | the Secretary of State that he must obtain
such a license or | 3 | | licenses is subject to a civil action brought by the
Secretary | 4 | | of State for operating a business without a license in the
| 5 | | circuit court in the county in which the business is located. | 6 | | If the
person is found to be in violation of Section 5-101, | 7 | | 5-101.2, 5-102, 5-102.8, 5-201, or 5-301
by carrying on a | 8 | | business without being properly licensed, that person
shall be | 9 | | fined $300 for each business day he conducted his business | 10 | | without
such a license after the expiration of the 15-day | 11 | | period specified in this
subsection (a).
| 12 | | (b) Any person who, having had his license or licenses | 13 | | issued under Section
5-101, 5-101.2, 5-102, 5-201, or 5-301 | 14 | | suspended, revoked, nonrenewed, cancelled, or denied by the
| 15 | | Secretary of State under Section 5-501 or 5-501.5 of this Code, | 16 | | continues to operate business after
the effective date of such | 17 | | revocation, nonrenewal, suspension, cancellation, or denial
| 18 | | may be sued in a civil action by the Secretary of State in the | 19 | | county in
which the established or additional place of such | 20 | | business is located. Except as provided in subsection (e) of | 21 | | Section 5-501.5 of this Code, if
such person is found by the | 22 | | court to have operated such a business after
the license or | 23 | | licenses required for conducting such
business have been | 24 | | suspended, revoked, nonrenewed, cancelled, or denied, that | 25 | | person
shall be fined $500 for each day he conducted business | 26 | | thereafter.
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| 1 | | (Source: P.A. 100-409, eff. 8-25-17; 100-450, eff. 1-1-18; | 2 | | 100-863, eff. 8-14-18.)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 415 ILCS 120/35 | | | 4 | | 625 ILCS 5/3-601 | from Ch. 95 1/2, par. 3-601 | | 5 | | 625 ILCS 5/3-602 | from Ch. 95 1/2, par. 3-602 | | 6 | | 625 ILCS 5/3-904 | from Ch. 95 1/2, par. 3-904 | | 7 | | 625 ILCS 5/3-904.2 new | | | 8 | | 625 ILCS 5/3-904.5 new | | | 9 | | 625 ILCS 5/5-101 | from Ch. 95 1/2, par. 5-101 | | 10 | | 625 ILCS 5/5-102 | from Ch. 95 1/2, par. 5-102 | | 11 | | 625 ILCS 5/5-102.5 | | | 12 | | 625 ILCS 5/5-102.7 | | | 13 | | 625 ILCS 5/5-102.8 new | | | 14 | | 625 ILCS 5/5-102.9 new | | | 15 | | 625 ILCS 5/5-401.2 | from Ch. 95 1/2, par. 5-401.2 | | 16 | | 625 ILCS 5/5-402.1 | from Ch. 95 1/2, par. 5-402.1 | | 17 | | 625 ILCS 5/5-403.1 | from Ch. 95 1/2, par. 5-403.1 | | 18 | | 625 ILCS 5/5-501 | from Ch. 95 1/2, par. 5-501 | | 19 | | 625 ILCS 5/5-503 | from Ch. 95 1/2, par. 5-503 |
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