(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
Sec. 4-203. Removal of motor vehicles or other vehicles; towing or
hauling away.
(a) When a vehicle is abandoned, or left unattended, on a toll
highway, interstate highway, or expressway for 2 hours or more, its
removal by a towing service may be authorized by a law enforcement
agency having jurisdiction.
(b) When a vehicle is abandoned on a highway in an urban district for 10
hours or more, its removal by a towing service may be authorized by a
law enforcement agency having jurisdiction.
(c) When a vehicle is abandoned or left unattended on a highway
other than a toll highway, interstate highway, or expressway, outside of
an urban district for 24 hours or more, its removal by a towing service
may be authorized by a law enforcement agency having jurisdiction.
(d) When an abandoned, unattended, wrecked, burned, or partially
dismantled vehicle is creating a traffic hazard because of its position
in relation to the highway or its physical appearance is causing the
impeding of traffic, its immediate removal from the highway or private
property adjacent to the highway by a towing service may be authorized
by a law enforcement agency having jurisdiction.
(e) Whenever a
peace officer reasonably believes that a person under
arrest for a violation of Section 11-501 of this Code or a similar
provision of a local ordinance is likely, upon release, to commit a
subsequent violation of Section 11-501, or a similar provision of a local
ordinance, the arresting officer shall have the vehicle which the person
was operating at the time of the arrest impounded for a period of 12 hours after the time of arrest. However, such vehicle may be
released by the arresting law enforcement agency prior to the end of the
impoundment period if:
(1) the vehicle was not owned by the person under |
| arrest, and the lawful owner requesting such release possesses a valid operator's license, proof of ownership, and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner, or who would otherwise, by operating such motor vehicle, be in violation of this Code; or
|
|
(2) the vehicle is owned by the person under arrest,
|
| and the person under arrest gives permission to another person to operate such vehicle, provided however, that the other person possesses a valid operator's license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or who would otherwise, by operating such motor vehicle, be in violation of this Code.
|
|
(e-5) Whenever a registered owner of a vehicle is taken into custody for
operating the vehicle in violation of Section 11-501 of this Code or a similar
provision of a local ordinance or Section 6-303 of this Code, a
law enforcement officer
may have the vehicle immediately impounded for a period not less than:
(1) 24 hours for a second violation of Section 11-501
|
| of this Code or a similar provision of a local ordinance or Section 6-303 of this Code or a combination of these offenses; or
|
|
(2) 48 hours for a third violation of Section 11-501
|
| of this Code or a similar provision of a local ordinance or Section 6-303 of this Code or a combination of these offenses.
|
|
The vehicle may be released sooner if the vehicle is owned by the person
under arrest and the person under arrest gives permission to another person to
operate the vehicle and that other person possesses a valid operator's license
and would not, as determined by the arresting law enforcement agency, indicate
a lack of ability to operate a motor vehicle in a safe manner or would
otherwise, by operating the motor vehicle, be in violation of this Code.
(f) Except as provided in Chapter 18a of this Code, the owner or
lessor of privately owned real property within this State, or any person
authorized by such owner or lessor, or any law enforcement agency in the
case of publicly owned real property may cause any motor vehicle abandoned
or left unattended upon such property without permission to be removed by a
towing service without liability for the costs of removal, transportation
or storage or damage caused by such removal, transportation or storage.
The towing or removal of any vehicle from private property without the
consent of the registered owner or other legally authorized person in
control of the vehicle is subject to compliance with the following
conditions and restrictions:
1. Any towed or removed vehicle must be stored at the
|
| site of the towing service's place of business. The site must be open during business hours, and for the purpose of redemption of vehicles, during the time that the person or firm towing such vehicle is open for towing purposes.
|
|
2. The towing service shall within 30 minutes of
|
| completion of such towing or removal, notify the law enforcement agency having jurisdiction of such towing or removal, and the make, model, color, and license plate number of the vehicle, and shall obtain and record the name of the person at the law enforcement agency to whom such information was reported.
|
|
3. If the registered owner or legally authorized
|
| person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the vehicle shall be disconnected from the tow truck and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one-half the posted rate of the towing service as provided in paragraph 6 of this subsection, for which a receipt shall be given.
|
|
4. The rebate or payment of money or any other
|
| valuable consideration from the towing service or its owners, managers, or employees to the owners or operators of the premises from which the vehicles are towed or removed, for the privilege of removing or towing those vehicles, is prohibited. Any individual who violates this paragraph shall be guilty of a Class A misdemeanor.
|
|
5. Except for property appurtenant to and obviously a
|
| part of a single family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and they are subject to being removed at the owner or operator's expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:
|
|
a. Except as otherwise provided in subparagraph
|
| a.1 of this subdivision (f)5, the notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within 5 feet from the public right-of-way line. If there are no curbs or access barriers, the sign must be posted not less than one sign each 100 feet of lot frontage.
|
|
a.1. In a municipality with a population of less
|
| than 250,000, as an alternative to the requirement of subparagraph a of this subdivision (f)5, the notice for a parking lot contained within property used solely for a 2-family, 3-family, or 4-family residence may be prominently placed at the perimeter of the parking lot, in a position where the notice is visible to the occupants of vehicles entering the lot.
|
|
b. The notice must indicate clearly, in not less
|
| than 2 inch high light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense.
|
|
c. The notice must also provide the name and
|
| current telephone number of the towing service towing or removing the vehicle.
|
|
d. The sign structure containing the required
|
| notices must be permanently installed with the bottom of the sign not less than 4 feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle.
|
|
6. Any towing service that tows or removes vehicles
|
| and proposes to require the owner, operator, or person in control of the vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services, and post at the storage site an identical rate schedule and any written contracts with property owners, lessors, or persons in control of property which authorize them to remove vehicles as provided in this Section. The towing and storage charges, however, shall not exceed the maximum allowed by the Illinois Commerce Commission under Section 18a-200.
|
|
7. No person shall engage in the removal of vehicles
|
| from private property as described in this Section without filing a notice of intent in each community where he intends to do such removal, and such notice shall be filed at least 7 days before commencing such towing.
|
|
8. No removal of a vehicle from private property
|
| shall be done except upon express written instructions of the owners or persons in charge of the private property upon which the vehicle is said to be trespassing.
|
|
9. Vehicle entry for the purpose of removal shall be
|
| allowed with reasonable care on the part of the person or firm towing the vehicle. Such person or firm shall be liable for any damages occasioned to the vehicle if such entry is not in accordance with the standards of reasonable care.
|
|
9.5. Except as authorized by a law enforcement
|
| officer, no towing service shall engage in the removal of a commercial motor vehicle that requires a commercial driver's license to operate by operating the vehicle under its own power on a highway.
|
|
10. When a vehicle has been towed or removed pursuant
|
| to this Section, it must be released to its owner, custodian, agent, or lienholder within one-half hour after requested, if such request is made during business hours. Any vehicle owner, custodian, agent, or lienholder shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing service from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authorized person as a condition of release of the vehicle. A detailed, signed receipt showing the legal name of the towing service must be given to the person paying towing or storage charges at the time of payment, whether requested or not.
|
|
This Section shall not apply to law enforcement,
|
| firefighting, rescue, ambulance, or other emergency vehicles which are marked as such or to property owned by any governmental entity.
|
|
When an authorized person improperly causes a motor
|
| vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost of removal, transportation and storage, any damages resulting from the removal, transportation and storage, attorney's fee and court costs.
|
|
Any towing or storage charges accrued shall be
|
| payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.
|
|
11. Towing companies shall also provide insurance
|
| coverage for areas where vehicles towed under the provisions of this Chapter will be impounded or otherwise stored, and shall adequately cover loss by fire, theft, or other risks.
|
|
Any person who fails to comply with the conditions and restrictions of
this subsection shall be guilty of a Class C misdemeanor and shall be fined
not less than $100 nor more than $500.
(g)(1) When a vehicle is determined to be a hazardous dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the Illinois Municipal Code or Section 5-12002.1 of the Counties Code, its
removal and impoundment by a towing service may be authorized by a law
enforcement agency with appropriate jurisdiction.
(2) When a vehicle removal from either public or private property is
authorized by a law enforcement agency, the owner of the vehicle shall be
responsible for all towing and storage charges.
(3) Vehicles removed from public or private property and
stored by a commercial vehicle relocator or any other towing service authorized by a law enforcement agency in
compliance with this Section and Sections 4-201 and 4-202
of this Code, or at the request of the vehicle owner or operator,
shall
be subject to a possessor lien for services
pursuant to the Labor and Storage Lien (Small Amount) Act. The provisions of Section 1 of that Act relating to notice
and implied consent shall be deemed satisfied by compliance with Section
18a-302 and subsection (6) of Section 18a-300. In no event shall such lien
be greater than the rate or rates established in accordance with subsection
(6) of Section 18a-200 of this Code. In no event shall such lien be
increased or altered to reflect any charge for services or materials
rendered in addition to those authorized by this Code. Every such lien
shall be payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.
(4) Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this
subsection
(g) shall likewise be subject to that lien, excepting only:
child restraint systems as defined in Section 4 of the Child Passenger Protection Act and other child booster seats; eyeglasses; food; medicine; perishable property; any operator's licenses; any cash, credit
cards, or checks or checkbooks; any wallet, purse, or other property
containing any operator's license or other identifying documents or materials,
cash, credit cards, checks, or checkbooks; and any personal property belonging to a person other than the vehicle owner if that person provides adequate proof that the personal property belongs to that person. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property excepted under this paragraph (4) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner.
(5) This paragraph (5) applies only in the case of a vehicle that is towed as a result of being involved in a crash. In addition to the personal property excepted under paragraph (4), all other personal property in a vehicle subject to a lien under this subsection (g) is exempt from that lien and may be claimed by the vehicle owner if the vehicle owner provides the commercial vehicle relocator or towing service with proof that the vehicle owner has an insurance policy covering towing and storage fees. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property in a vehicle subject to a lien under this subsection (g) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner and proof that the vehicle owner has an insurance policy covering towing and storage fees. The regulation of liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash are
exclusive powers and functions of the State. A home
rule unit may not regulate liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in a crash. This paragraph (5) is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the
Illinois Constitution.
(6) No lien under this subsection (g) shall:
exceed $2,000 in its total amount; or
be increased or altered to reflect any charge for services or
materials rendered in addition to those authorized by this Code.
(h) Whenever a peace officer issues a citation to a driver for a violation of subsection (a) of Section 11-506 of this Code, the arresting officer may have the vehicle which the person was operating at the time of the arrest impounded for a period of 5 days after the time of arrest.
An impounding agency shall release a motor vehicle impounded under this subsection (h) to the registered owner of the vehicle under any of the following circumstances:
(1) if the vehicle is a stolen vehicle; or
(2) if the person ticketed for a violation of
|
| subsection (a) of Section 11-506 of this Code was not authorized by the registered owner of the vehicle to operate the vehicle at the time of the violation; or
|
|
(3) if the registered owner of the vehicle was
|
| neither the driver nor a passenger in the vehicle at the time of the violation or was unaware that the driver was using the vehicle to engage in street racing; or
|
|
(4) if the legal owner or registered owner of the
|
| vehicle is a rental car agency; or
|
|
(5) if, prior to the expiration of the impoundment
|
| period specified above, the citation is dismissed or the defendant is found not guilty of the offense.
|
|
(i) Except for vehicles exempted under subsection (b) of Section 7-601 of this Code, whenever a law enforcement officer issues a citation to a driver for a violation of Section 3-707 of this Code, and the driver has a prior conviction for a violation of Section 3-707 of this Code in the past 12 months, the arresting officer shall authorize the removal and impoundment of the vehicle by a towing service.
(Source: P.A. 102-982, eff. 7-1-23; 103-154, eff. 6-30-23.)
|
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
Sec. 5-101. New vehicle dealers must be licensed.
(a) No person shall engage in this State in the business of selling
or dealing in, on consignment or otherwise, new vehicles of any make, or
act as an intermediary or agent or broker for any licensed dealer or
vehicle purchaser other than as a salesperson, or represent or advertise
that he is so engaged or intends to so engage in such business unless
licensed to do so in writing by the Secretary of State under the
provisions of this Section.
(b) An application for a new vehicle dealer's license shall be filed
with the Secretary of State, duly verified by oath, on such form as the
Secretary of State may by rule or regulation prescribe and shall contain:
1. The name and type of business organization of the |
| applicant and his established and additional places of business, if any, in this State.
|
|
2. If the applicant is a corporation, a list of its
|
| officers, directors, and shareholders having a ten percent or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the name and residence address of the proprietor or of each partner, member, officer, director, trustee, or manager.
|
|
3. The make or makes of new vehicles which the
|
| applicant will offer for sale at retail in this State.
|
|
4. The name of each manufacturer or franchised
|
| distributor, if any, of new vehicles with whom the applicant has contracted for the sale of such new vehicles. As evidence of this fact, the application shall be accompanied by a signed statement from each such manufacturer or franchised distributor. If the applicant is in the business of offering for sale new conversion vehicles, trucks or vans, except for trucks modified to serve a special purpose which includes but is not limited to the following vehicles: street sweepers, fertilizer spreaders, emergency vehicles, implements of husbandry or maintenance type vehicles, he must furnish evidence of a sales and service agreement from both the chassis manufacturer and second stage manufacturer.
|
|
5. A statement that the applicant has been approved
|
| for registration under the Retailers' Occupation Tax Act by the Department of Revenue: Provided that this requirement does not apply to a dealer who is already licensed hereunder with the Secretary of State, and who is merely applying for a renewal of his license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that that Department has approved the applicant for registration under the Retailers' Occupation Tax Act.
|
|
6. A statement that the applicant has complied with
|
| the appropriate liability insurance requirement. A Certificate of Insurance in a solvent company authorized to do business in the State of Illinois shall be included with each application covering each location at which he proposes to act as a new vehicle dealer. The policy must provide liability coverage in the minimum amounts of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to, or death of, two or more persons in any one crash, and $50,000 for damage to property. Such policy shall expire not sooner than December 31 of the year for which the license was issued or renewed. The expiration of the insurance policy shall not terminate the liability under the policy arising during the period for which the policy was filed. Trailer and mobile home dealers are exempt from this requirement.
|
|
If the permitted user has a liability insurance
|
| policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one crash, and $50,000 for damage to property, then the permitted user's insurer shall be the primary insurer and the dealer's insurer shall be the secondary insurer. If the permitted user does not have a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one crash, and $50,000 for damage to property, or does not have any insurance at all, then the dealer's insurer shall be the primary insurer and the permitted user's insurer shall be the secondary insurer.
|
|
When a permitted user is "test driving" a new
|
| vehicle dealer's automobile, the new vehicle dealer's insurance shall be primary and the permitted user's insurance shall be secondary.
|
|
As used in this paragraph 6, a "permitted user" is a
|
| person who, with the permission of the new vehicle dealer or an employee of the new vehicle dealer, drives a vehicle owned and held for sale or lease by the new vehicle dealer which the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. The term "permitted user" also includes a person who, with the permission of the new vehicle dealer, drives a vehicle owned or held for sale or lease by the new vehicle dealer for loaner purposes while the user's vehicle is being repaired or evaluated.
|
|
As used in this paragraph 6, "test driving" occurs
|
| when a permitted user who, with the permission of the new vehicle dealer or an employee of the new vehicle dealer, drives a vehicle owned and held for sale or lease by a new vehicle dealer that the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle.
|
|
As used in this paragraph 6, "loaner purposes" means
|
| when a person who, with the permission of the new vehicle dealer, drives a vehicle owned or held for sale or lease by the new vehicle dealer while the user's vehicle is being repaired or evaluated.
|
|
7. (A) An application for a new motor vehicle
|
| dealer's license shall be accompanied by the following license fees:
|
|
(i) $1,000 for applicant's established place of
|
| business, and $100 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the license fee shall be $500 for applicant's established place of business plus $50 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. All moneys received by the Secretary of State as license fees under this subparagraph (i) prior to applications for the 2004 licensing year shall be deposited into the Motor Vehicle Review Board Fund and shall be used to administer the Motor Vehicle Review Board under the Motor Vehicle Franchise Act. Of the money received by the Secretary of State as license fees under this subparagraph (i) for the 2004 licensing year and thereafter, 10% shall be deposited into the Motor Vehicle Review Board Fund and shall be used to administer the Motor Vehicle Review Board under the Motor Vehicle Franchise Act and 90% shall be deposited into the General Revenue Fund.
|
|
(ii) Except for dealers selling 25 or fewer
|
| automobiles or as provided in subsection (h) of Section 5-102.7 of this Code, an Annual Dealer Recovery Fund Fee in the amount of $500 for the applicant's established place of business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the fee shall be $250 for the applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. For a license renewal application, the fee shall be based on the amount of automobiles sold in the past year according to the following formula:
|
|
(1) $0 for dealers selling 25 or less
|
|
(2) $150 for dealers selling more than 25 but
|
| less than 200 automobiles;
|
|
(3) $300 for dealers selling 200 or more
|
| automobiles but less than 300 automobiles; and
|
|
(4) $500 for dealers selling 300 or more
|
|
License fees shall be returnable only in the
|
| event that the application is denied by the Secretary of State. Moneys received under this subparagraph (ii) shall be deposited into the Dealer Recovery Trust Fund.
|
|
(B) An application for a new vehicle dealer's
|
| license, other than for a new motor vehicle dealer's license, shall be accompanied by the following license fees:
|
|
(i) $1,000 for applicant's established place of
|
| business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the license fee shall be $500 for applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. Of the money received by the Secretary of State as license fees under this subparagraph (i) for the 2004 licensing year and thereafter, 95% shall be deposited into the General Revenue Fund.
|
|
(ii) Except as provided in subsection (h) of
|
| Section 5-102.7 of this Code, an Annual Dealer Recovery Fund Fee in the amount of $500 for the applicant's established place of business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the fee shall be $250 for the applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. Moneys received under this subparagraph (ii) shall be deposited into the Dealer Recovery Trust Fund.
|
|
8. A statement that the applicant's officers,
|
| directors, shareholders having a 10% or greater ownership interest therein, proprietor, a partner, member, officer, director, trustee, manager or other principals in the business have not committed in the past 3 years any one violation as determined in any civil, criminal or administrative proceedings of any one of the following Acts:
|
|
(A) The Anti-Theft Laws of the Illinois Vehicle
|
|
(B) The Certificate of Title Laws of the Illinois
|
|
(C) The Offenses against Registration and
|
| Certificates of Title Laws of the Illinois Vehicle Code;
|
|
(D) The Dealers, Transporters, Wreckers and
|
| Rebuilders Laws of the Illinois Vehicle Code;
|
|
(E) Section 21-2 of the Criminal Code of 1961 or
|
| the Criminal Code of 2012, Criminal Trespass to Vehicles; or
|
|
(F) The Retailers' Occupation Tax Act.
9. A statement that the applicant's officers,
|
| directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in any calendar year 3 or more violations, as determined in any civil, criminal or administrative proceedings, of any one or more of the following Acts:
|
|
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
|
|
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
|
|
(H) The Consumer Fraud Act.
9.5. A statement that, within 10 years of
|
| application, each officer, director, shareholder having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has not committed, as determined in any civil, criminal, or administrative proceeding, in any calendar year one or more forcible felonies under the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of either or both Article 16 or 17 of the Criminal Code of 1961 or a violation of either or both Article 16 or 17 of the Criminal Code of 2012, Article 29B of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar out-of-state offense. For the purposes of this paragraph, "forcible felony" has the meaning provided in Section 2-8 of the Criminal Code of 2012.
|
|
10. A bond or certificate of deposit in the amount of
|
| $50,000 for each location at which the applicant intends to act as a new vehicle dealer. The bond shall be for the term of the license, or its renewal, for which application is made, and shall expire not sooner than December 31 of the year for which the license was issued or renewed. The bond shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a new vehicle dealer.
|
|
11. Such other information concerning the business of
|
| the applicant as the Secretary of State may by rule or regulation prescribe.
|
|
12. A statement that the applicant understands
|
| Chapter 1 through Chapter 5 of this Code.
|
|
13. The full name, address, and contact information
|
| of each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.
|
|
(c) Any change which renders no longer accurate any information
contained in any application for a new vehicle dealer's license shall be
amended within 30 days after the occurrence of such change on such form
as the Secretary of State may prescribe by rule or regulation,
accompanied by an amendatory fee of $2.
(d) Anything in this Chapter 5 to the contrary notwithstanding no
person shall be licensed as a new vehicle dealer unless:
1. He is authorized by contract in writing between
|
| himself and the manufacturer or franchised distributor of such make of vehicle to so sell the same in this State, and
|
|
2. Such person shall maintain an established place of
|
| business as defined in this Act.
|
|
(e) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted to him under this Section and
unless he makes a determination that the application submitted to him
does not conform with the requirements of this Section or that grounds
exist for a denial of the application, under Section 5-501 of this
Chapter, grant the applicant an original new vehicle dealer's license in
writing for his established place of business and a supplemental license
in writing for each additional place of business in such form as he may
prescribe by rule or regulation which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
|
| officers or if a sole proprietorship, a partnership, an unincorporated association or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee or manager;
|
|
3. In the case of an original license, the
|
| established place of business of the licensee;
|
|
4. In the case of a supplemental license, the
|
| established place of business of the licensee and the additional place of business to which such supplemental license pertains;
|
|
5. The make or makes of new vehicles which the
|
| licensee is licensed to sell;
|
|
6. The full name, address, and contact information of
|
| each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.
|
|
(f) The appropriate instrument evidencing the license or a certified
copy thereof, provided by the Secretary of State, shall be kept posted
conspicuously in the established place of business of the licensee and
in each additional place of business, if any, maintained by such
licensee.
(g) Except as provided in subsection (h) hereof, all new vehicle
dealer's licenses granted under this Section shall expire by operation
of law on December 31 of the calendar year for which they are granted
unless sooner revoked or cancelled under the provisions of Section 5-501
of this Chapter.
(h) A new vehicle dealer's license may be renewed upon application
and payment of the fee required herein, and submission of proof of
coverage under an approved bond under the Retailers' Occupation Tax
Act or proof that applicant is not subject to such bonding
requirements, as in the case of an original license, but in case an
application for the renewal of an effective license is made during the
month of December, the effective license shall remain in force until the
application is granted or denied by the Secretary of State.
(i) All persons licensed as a new vehicle dealer are required to
furnish each purchaser of a motor vehicle:
1. In the case of a new vehicle a manufacturer's
|
| statement of origin and in the case of a used motor vehicle a certificate of title, in either case properly assigned to the purchaser;
|
|
2. A statement verified under oath that all
|
| identifying numbers on the vehicle agree with those on the certificate of title or manufacturer's statement of origin;
|
|
3. A bill of sale properly executed on behalf of such
|
|
4. A copy of the Uniform Invoice-transaction
|
| reporting return referred to in Section 5-402 hereof;
|
|
5. In the case of a rebuilt vehicle, a copy of the
|
| Disclosure of Rebuilt Vehicle Status; and
|
|
6. In the case of a vehicle for which the warranty
|
| has been reinstated, a copy of the warranty.
|
|
(j) Except at the time of sale or repossession of the vehicle, no person
licensed as a new vehicle dealer may issue any other person a newly created
key to a vehicle unless the new vehicle dealer makes a color photocopy or electronic scan of the driver's
license or State identification card of the person requesting or obtaining the
newly created key. The new vehicle dealer must retain the photocopy or scan for 30 days.
A new vehicle dealer who violates this subsection (j) is guilty of a
petty offense. Violation of this subsection (j) is not cause to suspend,
revoke,
cancel, or deny renewal of the new vehicle dealer's license.
This amendatory Act of 1983 shall be applicable to the 1984 registration
year and thereafter.
(k) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-982, eff. 7-1-23.)
|
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
Sec. 5-102. Used vehicle dealers must be licensed.
(a) No person, other than a licensed new vehicle dealer, shall engage in
the business of selling or dealing in, on consignment or otherwise, 5 or
more used vehicles of any make during the year (except house trailers as
authorized by paragraph (j) of this Section and rebuilt salvage vehicles
sold by their rebuilders to persons licensed under this Chapter), or act as
an intermediary, agent or broker for any licensed dealer or vehicle
purchaser (other than as a salesperson) or represent or advertise that he
is so engaged or intends to so engage in such business unless licensed to
do so by the Secretary of State under the provisions of this Section.
(b) An application for a used vehicle dealer's license shall be
filed with the Secretary of State, duly verified by oath, in such form
as the Secretary of State may by rule or regulation prescribe and shall
contain:
1. The name and type of business organization |
| established and additional places of business, if any, in this State.
|
|
2. If the applicant is a corporation, a list of its
|
| officers, directors, and shareholders having a ten percent or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the names and residence address of the proprietor or of each partner, member, officer, director, trustee, or manager.
|
|
3. A statement that the applicant has been approved
|
| for registration under the Retailers' Occupation Tax Act by the Department of Revenue. However, this requirement does not apply to a dealer who is already licensed hereunder with the Secretary of State, and who is merely applying for a renewal of his license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that the Department has approved the applicant for registration under the Retailers' Occupation Tax Act.
|
|
4. A statement that the applicant has complied with
|
| the appropriate liability insurance requirement. A Certificate of Insurance in a solvent company authorized to do business in the State of Illinois shall be included with each application covering each location at which he proposes to act as a used vehicle dealer. The policy must provide liability coverage in the minimum amounts of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to, or death of, two or more persons in any one crash, and $50,000 for damage to property. Such policy shall expire not sooner than December 31 of the year for which the license was issued or renewed. The expiration of the insurance policy shall not terminate the liability under the policy arising during the period for which the policy was filed. Trailer and mobile home dealers are exempt from this requirement.
|
|
If the permitted user has a liability insurance
|
| policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one crash, and $50,000 for damage to property, then the permitted user's insurer shall be the primary insurer and the dealer's insurer shall be the secondary insurer. If the permitted user does not have a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one crash, and $50,000 for damage to property, or does not have any insurance at all, then the dealer's insurer shall be the primary insurer and the permitted user's insurer shall be the secondary insurer.
|
|
When a permitted user is "test driving" a used
|
| vehicle dealer's automobile, the used vehicle dealer's insurance shall be primary and the permitted user's insurance shall be secondary.
|
|
As used in this paragraph 4, a "permitted user" is a
|
| person who, with the permission of the used vehicle dealer or an employee of the used vehicle dealer, drives a vehicle owned and held for sale or lease by the used vehicle dealer which the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. The term "permitted user" also includes a person who, with the permission of the used vehicle dealer, drives a vehicle owned or held for sale or lease by the used vehicle dealer for loaner purposes while the user's vehicle is being repaired or evaluated.
|
|
As used in this paragraph 4, "test driving" occurs
|
| when a permitted user who, with the permission of the used vehicle dealer or an employee of the used vehicle dealer, drives a vehicle owned and held for sale or lease by a used vehicle dealer that the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle.
|
|
As used in this paragraph 4, "loaner purposes" means
|
| when a person who, with the permission of the used vehicle dealer, drives a vehicle owned or held for sale or lease by the used vehicle dealer while the user's vehicle is being repaired or evaluated.
|
|
5. An application for a used vehicle dealer's license
|
| shall be accompanied by the following license fees:
|
|
(A) $1,000 for applicant's established place of
|
| business, and $50 for each additional place of business, if any, to which the application pertains; however, if the application is made after June 15 of any year, the license fee shall be $500 for applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that the application is denied by the Secretary of State. Of the money received by the Secretary of State as license fees under this subparagraph (A) for the 2004 licensing year and thereafter, 95% shall be deposited into the General Revenue Fund.
|
|
(B) Except for dealers selling 25 or fewer
|
| automobiles or as provided in subsection (h) of Section 5-102.7 of this Code, an Annual Dealer Recovery Fund Fee in the amount of $500 for the applicant's established place of business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the fee shall be $250 for the applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. For a license renewal application, the fee shall be based on the amount of automobiles sold in the past year according to the following formula:
|
|
(1) $0 for dealers selling 25 or less
|
|
(2) $150 for dealers selling more than 25 but
|
| less than 200 automobiles;
|
|
(3) $300 for dealers selling 200 or more
|
| automobiles but less than 300 automobiles; and
|
|
(4) $500 for dealers selling 300 or more
|
|
License fees shall be returnable only in the
|
| event that the application is denied by the Secretary of State. Moneys received under this subparagraph (B) shall be deposited into the Dealer Recovery Trust Fund.
|
|
6. A statement that the applicant's officers,
|
| directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principals in the business have not committed in the past 3 years any one violation as determined in any civil, criminal, or administrative proceedings of any one of the following Acts:
|
|
(A) The Anti-Theft Laws of the Illinois Vehicle
|
|
(B) The Certificate of Title Laws of the Illinois
|
|
(C) The Offenses against Registration and
|
| Certificates of Title Laws of the Illinois Vehicle Code;
|
|
(D) The Dealers, Transporters, Wreckers and
|
| Rebuilders Laws of the Illinois Vehicle Code;
|
|
(E) Section 21-2 of the Criminal Code of 1961 or
|
| the Criminal Code of 2012, Criminal Trespass to Vehicles; or
|
|
(F) The Retailers' Occupation Tax Act.
7. A statement that the applicant's officers,
|
| directors, shareholders having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principals in the business have not committed in any calendar year 3 or more violations, as determined in any civil, criminal, or administrative proceedings, of any one or more of the following Acts:
|
|
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
|
|
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
|
|
(H) The Consumer Fraud and Deceptive Business
|
|
7.5. A statement that, within 10 years of
|
| application, each officer, director, shareholder having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has not committed, as determined in any civil, criminal, or administrative proceeding, in any calendar year one or more forcible felonies under the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of either or both Article 16 or 17 of the Criminal Code of 1961 or a violation of either or both Article 16 or 17 of the Criminal Code of 2012, Article 29B of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar out-of-state offense. For the purposes of this paragraph, "forcible felony" has the meaning provided in Section 2-8 of the Criminal Code of 2012.
|
|
8. A bond or Certificate of Deposit in the amount of
|
| $50,000 for each location at which the applicant intends to act as a used vehicle dealer. The bond shall be for the term of the license, or its renewal, for which application is made, and shall expire not sooner than December 31 of the year for which the license was issued or renewed. The bond shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a used vehicle dealer.
|
|
9. Such other information concerning the business of
|
| the applicant as the Secretary of State may by rule or regulation prescribe.
|
|
10. A statement that the applicant understands
|
| Chapter 1 through Chapter 5 of this Code.
|
|
11. A copy of the certification from the prelicensing
|
|
12. The full name, address, and contact information
|
| of each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.
|
|
(c) Any change which renders no longer accurate any information
contained in any application for a used vehicle dealer's license shall
be amended within 30 days after the occurrence of each change on such
form as the Secretary of State may prescribe by rule or regulation,
accompanied by an amendatory fee of $2.
(d) Anything in this Chapter to the contrary notwithstanding, no
person shall be licensed as a used vehicle dealer unless such person
maintains an established place of business as
defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted to him under this Section.
Unless the Secretary makes a determination that the application
submitted to him does not conform to this Section or that grounds exist
for a denial of the application under Section 5-501 of this Chapter, he
must grant the applicant an original used vehicle dealer's license in
writing for his established place of business and a supplemental license
in writing for each additional place of business in such form as he may
prescribe by rule or regulation which shall include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
|
| officers or if a sole proprietorship, a partnership, an unincorporated association or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee, or manager;
|
|
3. In case of an original license, the established
|
| place of business of the licensee;
|
|
4. In the case of a supplemental license, the
|
| established place of business of the licensee and the additional place of business to which such supplemental license pertains;
|
|
5. The full name, address, and contact information of
|
| each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.
|
|
(f) The appropriate instrument evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept posted,
conspicuously, in the established place of business of the licensee and
in each additional place of business, if any, maintained by such
licensee.
(g) Except as provided in subsection (h) of this Section, all used
vehicle dealer's licenses granted under this Section expire by operation
of law on December 31 of the calendar year for which they are granted
unless sooner revoked or cancelled under Section 5-501 of this Chapter.
(h) A used vehicle dealer's license may be renewed upon application
and payment of the fee required herein, and submission of proof of
coverage by an approved bond under the Retailers' Occupation Tax Act
or proof that applicant is not subject to such bonding requirements, as
in the case of an original license, but in case an application for the
renewal of an effective license is made during the month of December,
the effective license shall remain in force until the application for
renewal is granted or denied by the Secretary of State.
(i) All persons licensed as a used vehicle dealer are required to
furnish each purchaser of a motor vehicle:
1. A certificate of title properly assigned to the
|
|
2. A statement verified under oath that all
|
| identifying numbers on the vehicle agree with those on the certificate of title;
|
|
3. A bill of sale properly executed on behalf of such
|
|
4. A copy of the Uniform Invoice-transaction
|
| reporting return referred to in Section 5-402 of this Chapter;
|
|
5. In the case of a rebuilt vehicle, a copy of the
|
| Disclosure of Rebuilt Vehicle Status; and
|
|
6. In the case of a vehicle for which the warranty
|
| has been reinstated, a copy of the warranty.
|
|
(j) A real estate broker holding a valid certificate of registration issued
pursuant to "The Real Estate Brokers and Salesmen License Act" may engage
in the business of selling or dealing in house trailers not his own without
being licensed as a used vehicle dealer under this Section; however such
broker shall maintain a record of the transaction including the following:
(1) the name and address of the buyer and seller,
(2) the date of sale,
(3) a description of the mobile home, including the
|
| vehicle identification number, make, model, and year, and
|
|
(4) the Illinois certificate of title number.
The foregoing records shall be available for inspection by any officer
of the Secretary of State's Office at any reasonable hour.
(k) Except at the time of sale or repossession of the vehicle, no
person licensed as a used vehicle dealer may issue any other person a newly
created key to a vehicle unless the used vehicle dealer makes a color photocopy or electronic scan of the
driver's license or State identification card of the person requesting or
obtaining the newly created key. The used vehicle dealer must retain the photocopy or scan
for 30 days.
A used vehicle dealer who violates this subsection (k) is guilty of a
petty offense. Violation of this subsection (k) is not cause to suspend,
revoke, cancel, or deny renewal of the used vehicle dealer's license.
(l) Used vehicle dealers licensed under this Section shall provide the Secretary of State a register for the sale at auction of each salvage or junk certificate vehicle. Each register shall include the following information:
1. The year, make, model, style, and color of the
|
|
2. The vehicle's manufacturer's identification number
|
| or, if applicable, the Secretary of State or Illinois State Police identification number;
|
|
3. The date of acquisition of the vehicle;
4. The name and address of the person from whom the
|
|
5. The name and address of the person to whom any
|
| vehicle was disposed, the person's Illinois license number or if the person is an out-of-state salvage vehicle buyer, the license number from the state or jurisdiction where the buyer is licensed; and
|
|
6. The purchase price of the vehicle.
The register shall be submitted to the Secretary of State via written or electronic means within 10 calendar days from the date of the auction.
(m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23.)
|
(625 ILCS 5/5-102.8) Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle dealers. (a) As used in this Section, "Buy Here, Pay Here used vehicle dealer" means any entity that engages in the business of selling or leasing of vehicles and finances the sale or purchase price of the vehicle to a customer without the customer using a third-party lender. (b) No person shall engage in
the business of selling or dealing in, on consignment or otherwise, 5 or
more used vehicles of any make during the year (except rebuilt salvage vehicles
sold by their rebuilders to persons licensed under this Chapter), or act as
an intermediary, agent, or broker for any licensed dealer or vehicle
purchaser (other than as a salesperson) or represent or advertise that he or she
is so engaged or intends to so engage in such business of a Buy Here, Pay Here used vehicle dealer unless licensed to
do so by the Secretary of State under the provisions of this Section.
(c) An application for a Buy Here, Pay Here used vehicle dealer's license shall be
filed with the Secretary of State, duly verified by oath, in such form
as the Secretary of State may by rule or regulation prescribe and shall
contain:
(1) The name and type of business organization |
| established and additional places of business, if any, in this State.
|
|
(2) If the applicant is a corporation, a list of its
|
| officers, directors, and shareholders having a 10% or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the names and residence address of the proprietor or of each partner, member, officer, director, trustee, or manager.
|
|
(3) A statement that the applicant has been approved
|
| for registration under the Retailers' Occupation Tax Act by the Department of Revenue. However, this requirement does not apply to a dealer who is already licensed hereunder with the Secretary of State, and who is merely applying for a renewal of his or her license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that the Department has approved the applicant for registration under the Retailers' Occupation Tax Act.
|
|
(4) A statement that the applicant has complied with
|
| the appropriate liability insurance requirement. A Certificate of Insurance in a solvent company authorized to do business in the State of Illinois shall be included with each application covering each location at which he or she proposes to act as a Buy Here, Pay Here used vehicle dealer. The policy must provide liability coverage in the minimum amounts of $100,000 for bodily injury to, or death of, any person, $300,000 for bodily injury to, or death of, 2 or more persons in any one crash, and $50,000 for damage to property. Such policy shall expire not sooner than December 31 of the year for which the license was issued or renewed. The expiration of the insurance policy shall not terminate the liability under the policy arising during the period for which the policy was filed.
|
|
If the permitted user has a liability insurance
|
| policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one crash, and $50,000 for damage to property, then the permitted user's insurer shall be the primary insurer and the dealer's insurer shall be the secondary insurer. If the permitted user does not have a liability insurance policy that provides automobile liability insurance coverage of at least $100,000 for bodily injury to or the death of any person, $300,000 for bodily injury to or the death of any 2 or more persons in any one crash, and $50,000 for damage to property, or does not have any insurance at all, then the dealer's insurer shall be the primary insurer and the permitted user's insurer shall be the secondary insurer.
|
|
When a permitted user is "test driving" a Buy Here,
|
| Pay Here used vehicle dealer's automobile, the Buy Here, Pay Here used vehicle dealer's insurance shall be primary and the permitted user's insurance shall be secondary.
|
|
As used in this paragraph, "permitted user" means a
|
| person who, with the permission of the Buy Here, Pay Here used vehicle dealer or an employee of the Buy Here, Pay Here used vehicle dealer, drives a vehicle owned and held for sale or lease by the Buy Here, Pay Here used vehicle dealer that the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle. "Permitted user" includes a person who, with the permission of the Buy Here, Pay Here used vehicle dealer, drives a vehicle owned or held for sale or lease by the Buy Here, Pay Here used vehicle dealer for loaner purposes while the user's vehicle is being repaired or evaluated.
|
|
As used in this paragraph, "test driving" occurs when
|
| a permitted user who, with the permission of the Buy Here, Pay Here used vehicle dealer or an employee of the Buy Here, Pay Here used vehicle dealer, drives a vehicle owned and held for sale or lease by a Buy Here, Pay Here used vehicle dealer that the person is considering to purchase or lease, in order to evaluate the performance, reliability, or condition of the vehicle.
|
|
As used in this paragraph, "loaner purposes" means
|
| when a person who, with the permission of the Buy Here, Pay Here used vehicle dealer, drives a vehicle owned or held for sale or lease by the used vehicle dealer while the user's vehicle is being repaired or evaluated.
|
|
(5) An application for a Buy Here, Pay Here used
|
| vehicle dealer's license shall be accompanied by the following license fees:
|
|
(A) $1,000 for the applicant's established place
|
| of business, and $50 for each additional place of business, if any, to which the application pertains; however, if the application is made after June 15 of any year, the license fee shall be $500 for the applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only if the application is denied by the Secretary of State. Of the money received by the Secretary of State as license fees under this subparagraph, 95% shall be deposited into the General Revenue Fund.
|
|
(B) Except for dealers selling 25 or fewer
|
| automobiles or as provided in subsection (h) of Section 5-102.7 of this Code, an Annual Dealer Recovery Fund Fee in the amount of $500 for the applicant's established place of business, and $50 for each additional place of business, if any, to which the application pertains; but if the application is made after June 15 of any year, the fee shall be $250 for the applicant's established place of business plus $25 for each additional place of business, if any, to which the application pertains. For a license renewal application, the fee shall be based on the amount of automobiles sold in the past year according to the following formula:
|
|
(1) $0 for dealers selling 25 or less
|
|
(2) $150 for dealers selling more than 25 but
|
| less than 200 automobiles;
|
|
(3) $300 for dealers selling 200 or more
|
| automobiles but less than 300 automobiles; and
|
|
(4) $500 for dealers selling 300 or more
|
|
Fees shall be returnable only if the application
|
| is denied by the Secretary of State. Money received under this subparagraph shall be deposited into the Dealer Recovery Trust Fund. A Buy Here, Pay Here used vehicle dealer shall pay into the Dealer Recovery Trust Fund for every vehicle that is financed, sold, or otherwise transferred to an individual or entity other than the Buy Here, Pay Here used vehicle dealer even if the individual or entity to which the Buy Here, Pay Here used vehicle dealer transfers the vehicle is unable to continue to adhere to the terms of the transaction by the Buy Here, Pay Here used vehicle dealer.
|
|
(6) A statement that each officer, director,
|
| shareholder having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has not committed in the past 3 years any one violation as determined in any civil, criminal, or administrative proceedings of any one of the following:
|
|
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
|
| Certificates of Title Laws of this Code;
|
|
(D) the Dealers, Transporters, Wreckers and
|
| Rebuilders Laws of this Code;
|
|
(E) Section 21-2 of the Illinois Criminal Code of
|
| 1961 or the Criminal Code of 2012, Criminal Trespass to Vehicles; or
|
|
(F) the Retailers' Occupation Tax Act.
(7) A statement that each officer, director,
|
| shareholder having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has not committed in any calendar year 3 or more violations, as determined in any civil, criminal, or administrative proceedings, of any one or more of the following:
|
|
(A) the Consumer Finance Act;
(B) the Consumer Installment Loan Act;
(C) the Retail Installment Sales Act;
(D) the Motor Vehicle Retail Installment Sales
|
|
(E) the Interest Act;
(F) the Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
|
|
(H) the Consumer Fraud and Deceptive Business
|
|
(8) A statement that, within 10 years of application,
|
| each officer, director, shareholder having a 10% or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has not committed, as determined in any civil, criminal, or administrative proceeding, in any calendar year one or more forcible felonies under the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of either or both Article 16 or 17 of the Criminal Code of 1961, or a violation of either or both Article 16 or 17 of the Criminal Code of 2012, Article 29B of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar out-of-state offense. For the purposes of this paragraph, "forcible felony" has the meaning provided in Section 2-8 of the Criminal Code of 2012.
|
|
(9) A bond or Certificate of Deposit in the amount of
|
| $50,000 for each location at which the applicant intends to act as a Buy Here, Pay Here used vehicle dealer. The bond shall be for the term of the license. The bond shall run to the People of the State of Illinois, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a Buy Here, Pay Here used vehicle dealer.
|
|
(10) Such other information concerning the business
|
| of the applicant as the Secretary of State may by rule prescribe.
|
|
(11) A statement that the applicant understands
|
| Chapter 1 through Chapter 5 of this Code.
|
|
(12) A copy of the certification from the
|
| prelicensing education program.
|
|
(13) The full name, address, and contact information
|
| of each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.
|
|
(d) Any change that renders no longer accurate any information
contained in any application for a Buy Here, Pay Here used vehicle dealer's license shall
be amended within 30 days after the occurrence of each change on such
form as the Secretary of State may prescribe by rule,
accompanied by an amendatory fee of $2.
(e) Anything in this Chapter to the contrary notwithstanding, no
person shall be licensed as a Buy Here, Pay Here used vehicle dealer unless the person
maintains an established place of business as
defined in this Chapter.
(f) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted under this Section.
Unless the Secretary makes a determination that the application does not conform to this Section or that grounds exist
for a denial of the application under Section 5-501 of this Chapter, the Secretary
must grant the applicant an original Buy Here, Pay Here used vehicle dealer's license in
writing for his or her established place of business and a supplemental license
in writing for each additional place of business in such form as the Secretary may
prescribe by rule that shall include the following:
(1) The name of the person licensed.
(2) If a corporation, the name and address of its
|
| officers or if a sole proprietorship, a partnership, an unincorporated association, or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee, or manager.
|
|
(3) In the case of an original license, the
|
| established place of business of the licensee.
|
|
(4) In the case of a supplemental license, the
|
| established place of business of the licensee and the additional place of business to which the supplemental license pertains.
|
|
(5) The full name, address, and contact information
|
| of each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.
|
|
(g) The appropriate instrument evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept posted,
conspicuously, in the established place of business of the licensee and
in each additional place of business, if any, maintained by the
licensee.
(h) Except as provided in subsection (i), all Buy Here, Pay Here used
vehicle dealer's licenses granted under this Section expire by operation
of law on December 31 of the calendar year for which they are granted
unless sooner revoked or cancelled under Section 5-501 of this Chapter.
(i) A Buy Here, Pay Here used vehicle dealer's license may be renewed upon application
and payment of the fee required herein, and submission of proof of
coverage by an approved bond under the Retailers' Occupation Tax Act
or proof that the applicant is not subject to such bonding requirements, as
in the case of an original license, but in the case of an application for the
renewal of an effective license made during the month of December,
the effective license shall remain in force until the application for
renewal is granted or denied by the Secretary of State.
(j) Each person licensed as a Buy Here, Pay Here used vehicle dealer is required to
furnish each purchaser of a motor vehicle:
(1) a certificate of title properly assigned to the
|
|
(2) a statement verified under oath that all
|
| identifying numbers on the vehicle agree with those on the certificate of title;
|
|
(3) a bill of sale properly executed on behalf of the
|
|
(4) a copy of the Uniform Invoice-transaction
|
| reporting return referred to in Section 5-402;
|
|
(5) in the case of a rebuilt vehicle, a copy of the
|
| Disclosure of Rebuilt Vehicle Status; and
|
|
(6) in the case of a vehicle for which the warranty
|
| has been reinstated, a copy of the warranty.
|
|
(k) Except at the time of sale or repossession of the vehicle, no
person licensed as a Buy Here, Pay Here used vehicle dealer may issue any other person a newly
created key to a vehicle unless the Buy Here, Pay Here used vehicle dealer makes a color photocopy or electronic scan of the
driver's license or State identification card of the person requesting or
obtaining the newly created key. The Buy Here, Pay Here used vehicle dealer must retain the photocopy or scan
for 30 days.
A Buy Here, Pay Here used vehicle dealer who violates this subsection (k) is guilty of a
petty offense. Violation of this subsection (k) is not cause to suspend,
revoke, cancel, or deny renewal of the used vehicle dealer's license.
(l) A Buy Here, Pay Here used vehicle dealer licensed under this Section shall provide the Secretary of State a register for the sale at auction of each salvage or junk certificate vehicle. Each register shall include the following information:
(1) the year, make, model, style, and color of the
|
|
(2) the vehicle's manufacturer's identification
|
| number or, if applicable, the Secretary of State or Illinois Department of State Police identification number;
|
|
(3) the date of acquisition of the vehicle;
(4) the name and address of the person from whom the
|
|
(5) the name and address of the person to whom any
|
| vehicle was disposed, the person's Illinois license number or, if the person is an out-of-state salvage vehicle buyer, the license number from the state or jurisdiction where the buyer is licensed; and
|
|
(6) the purchase price of the vehicle.
The register shall be submitted to the Secretary of State via written or electronic means within 10 calendar days from the date of the auction.
(m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-982, eff. 7-1-23.)
|
(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
Sec. 5-301. Automotive parts recyclers, scrap processors, repairers and
rebuilders must be licensed. (a) No person in this State shall, except as an incident to
the servicing of vehicles, carry on or conduct the business
of an automotive parts recycler, a scrap processor, a repairer,
or a rebuilder, unless licensed to do so in writing by the Secretary of
State under this Section. No person shall rebuild a salvage vehicle
unless such person is licensed as a rebuilder by the Secretary of State
under this Section. No person shall engage in the business of acquiring 5 or more previously owned vehicles in one calendar year for the primary purpose of disposing of those vehicles in the manner described in the definition of a "scrap processor" in this Code unless the person is licensed as an automotive parts recycler by the Secretary of State under this Section. No person shall engage in the act of dismantling, crushing, or altering a vehicle into another form using machinery or equipment unless licensed to do so and only from the fixed location identified on the license issued by the Secretary. Each license shall be applied for and issued
separately, except that a license issued to a new vehicle dealer under
Section 5-101 of this Code shall also be deemed to be a repairer license.
(b) Any application filed with the Secretary of State, shall be duly
verified by oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization of the |
| applicant and his principal or additional places of business, if any, in this State.
|
|
2. The kind or kinds of business enumerated in
|
| subsection (a) of this Section to be conducted at each location.
|
|
3. If the applicant is a corporation, a list of its
|
| officers, directors, and shareholders having a ten percent or greater ownership interest in the corporation, setting forth the residence address of each; if the applicant is a sole proprietorship, a partnership, an unincorporated association, a trust, or any similar form of business organization, the names and residence address of the proprietor or of each partner, member, officer, director, trustee or manager.
|
|
4. A statement that the applicant's officers,
|
| directors, shareholders having a ten percent or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager, or other principals in the business have not committed in the past three years any one violation as determined in any civil or criminal or administrative proceedings of any one of the following Acts:
|
|
(a) the Anti-Theft Laws of the Illinois Vehicle
|
|
(b) the "Certificate of Title Laws" of the
|
|
(c) the "Offenses against Registration and
|
| Certificates of Title Laws" of the Illinois Vehicle Code;
|
|
(d) the "Dealers, Transporters, Wreckers and
|
| Rebuilders Laws" of the Illinois Vehicle Code;
|
|
(e) Section 21-2 of the Criminal Code of 1961 or
|
| the Criminal Code of 2012, Criminal Trespass to Vehicles; or
|
|
(f) the Retailers Occupation Tax Act.
5. A statement that the applicant's officers,
|
| directors, shareholders having a ten percent or greater ownership interest therein, proprietor, partner, member, officer, director, trustee, manager or other principals in the business have not committed in any calendar year 3 or more violations, as determined in any civil or criminal or administrative proceedings, of any one or more of the following Acts:
|
|
(a) the Consumer Finance Act;
(b) the Consumer Installment Loan Act;
(c) the Retail Installment Sales Act;
(d) the Motor Vehicle Retail Installment Sales
|
|
(e) the Interest Act;
(f) the Illinois Wage Assignment Act;
(g) Part 8 of Article XII of the Code of Civil
|
|
(h) the Consumer Fraud Act.
6. An application for a license shall be accompanied
|
| by the following fees: $50 for applicant's established place of business; $25 for each additional place of business, if any, to which the application pertains; provided, however, that if such an application is made after June 15 of any year, the license fee shall be $25 for applicant's established place of business plus $12.50 for each additional place of business, if any, to which the application pertains. License fees shall be returnable only in the event that such application shall be denied by the Secretary of State.
|
|
7. A statement that the applicant understands Chapter
|
| 1 through Chapter 5 of this Code.
|
|
8. A statement that the applicant shall comply with
|
| subsection (e) of this Section.
|
|
9. A statement indicating if the applicant, including
|
| any of the applicant's affiliates or predecessor corporations, has been subject to the revocation or nonrenewal of a business license by a municipality under Section 5-501.5 of this Code.
|
|
10. The applicant's National Motor Vehicle Title
|
| Information System number and a statement of compliance if applicable.
|
|
11. The full name, address, and contact information
|
| of each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.
|
|
(c) Any change which renders no longer accurate any information
contained in any application for a license filed with the Secretary of
State shall be amended within 30 days after the occurrence of such
change on such form as the Secretary of State may prescribe by rule or
regulation, accompanied by an amendatory fee of $2.
(d) Anything in this Chapter to the contrary, notwithstanding, no
person shall be licensed under this Section unless such person shall
maintain an established place of business as defined in this Chapter.
(e) The Secretary of State shall within a reasonable time after
receipt thereof, examine an application submitted to him under this
Section and unless he makes a determination that the application
submitted to him does not conform with the requirements of this Section
or that grounds exist for a denial of the application, as prescribed in
Section 5-501 of this Chapter, grant the applicant an original license
as applied for in writing for his established place of business and a
supplemental license in writing for each additional place of
business in such form as he may prescribe by rule or regulation which shall
include the following:
1. the name of the person licensed;
2. if a corporation, the name and address of its
|
| officers or if a sole proprietorship, a partnership, an unincorporated association or any similar form of business organization, the name and address of the proprietor or of each partner, member, officer, director, trustee or manager;
|
|
3. a designation of the kind or kinds of business
|
| enumerated in subsection (a) of this Section to be conducted at each location;
|
|
4. in the case of an original license, the
|
| established place of business of the licensee;
|
|
5. in the case of a supplemental license, the
|
| established place of business of the licensee and the additional place of business to which such supplemental license pertains;
|
|
6. the full name, address, and contact information of
|
| each of the dealer's agents or legal representatives who is an Illinois resident and liable for the performance of the dealership.
|
|
(f) The appropriate instrument evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept, posted,
conspicuously in the established place of business of the
licensee and in each additional place of business, if any, maintained by
such licensee. The licensee also shall post conspicuously in the
established place of business and in each additional place of business a
notice which states that such business is required to be licensed by the
Secretary of State under Section 5-301, and which provides the license
number of the business and the license expiration date. This notice also
shall advise the consumer that any complaints as to the quality of service
may be brought to the attention of the Attorney General. The information
required on this notice also shall be printed conspicuously on all
estimates and receipts for work by the licensee subject to this Section.
The Secretary of State shall prescribe the specific format of this notice.
(g) Except as provided in subsection (h) hereof, licenses granted
under this Section shall expire by operation of law on December 31 of
the calendar year for which they are granted unless sooner revoked, nonrenewed, or
cancelled under the provisions of Section 5-501 or 5-501.5 of this Chapter.
(h) Any license granted under this Section may be renewed upon
application and payment of the fee required herein as in the case of an
original license, provided, however, that in case an application for the
renewal of an effective license is made during the month of December,
such effective license shall remain in force until such application is
granted or denied by the Secretary of State.
(i) All automotive
repairers and
rebuilders shall, in addition to the requirements of subsections (a)
through
(h) of this Section, meet the following licensing requirements:
1. provide proof that the property on which first
|
| time applicants plan to do business is in compliance with local zoning laws and regulations, and a listing of zoning classification;
|
|
2. provide proof that the applicant for a repairer's
|
| license complies with the proper workers' compensation rate code or classification, and listing the code of classification for that industry;
|
|
3. provide proof that the applicant for a rebuilder's
|
| license complies with the proper workers' compensation rate code or classification for the repair industry or the auto parts recycling industry and listing the code of classification;
|
|
4. provide proof that the applicant has obtained or
|
| applied for a hazardous waste generator number, and listing the actual number if available or certificate of exemption;
|
|
5. provide proof that applicant has proper liability
|
| insurance, and listing the name of the insurer and the policy number; and
|
|
6. provide proof that the applicant has obtained or
|
| applied for the proper State sales tax classification and federal identification tax number, and listing the actual numbers if available.
|
|
(i-1) All automotive repairers shall provide proof that they comply with all requirements of the Automotive Collision Repair Act.
(j) All automotive
parts
recyclers shall, in addition to the requirements of subsections (a) through
(h) of this Section, meet the following licensing requirements:
1. provide a statement that the applicant purchases 5
|
| vehicles per year or has 5 hulks or chassis in stock;
|
|
2. provide proof that the property on which all first
|
| time applicants will do business does comply to the proper local zoning laws in existence, and a listing of zoning classifications;
|
|
3. provide proof that applicant complies with the
|
| proper workers' compensation rate code or classification, and listing the code of classification; and
|
|
4. provide proof that applicant has obtained or
|
| applied for the proper State sales tax classification and federal identification tax number, and listing the actual numbers if available.
|
|
(Source: P.A. 101-572, eff. 8-23-19; 102-154, eff. 1-1-22.)
|
(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
Sec. 5-401.2. Licensees required to keep records and make inspections.
(a) Every person licensed or required to be licensed under Section 5-101,
5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or 5-302 of this Code, shall, with the exception of
scrap
processors, maintain for 3 years, in a form as the Secretary of State may by
rule or regulation prescribe, at his established place of business, additional
place of business, or principal place of business if licensed under Section
5-302, the following records relating to the acquisition or disposition of
vehicles and their essential parts possessed in this State, brought into this
State from another state, territory or country, or sold or transferred to
another person in this State or in another state, territory, or country.
(1) The following records pertaining to new or used |
|
(A) the year, make, model, style and color of the
|
|
(B) the vehicle's manufacturer's identification
|
| number or, if applicable, the Secretary of State or Illinois State Police identification number;
|
|
(C) the date of acquisition of the vehicle;
(D) the name and address of the person from whom
|
| the vehicle was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person;
|
|
(E) the signature of the person making the
|
| inspection of a used vehicle as required under subsection (d) of this Section, if applicable;
|
|
(F) the purchase price of the vehicle, if
|
|
(G) the date of the disposition of the vehicle;
(H) the name and address of the person to whom
|
| any vehicle was disposed, and if that person is a dealer, the Illinois or out-of-State dealer's license number of that dealer;
|
|
(I) the uniform invoice number reflecting the
|
| disposition of the vehicle, if applicable; and
|
|
(J) The sale price of the vehicle, if applicable.
(2) (A) The following records pertaining to used
|
| essential parts other than quarter panels and transmissions of vehicles of the first division shall be kept:
|
|
(i) the year, make, model, color and type of such
|
|
(ii) the vehicle's manufacturer's identification
|
| number, derivative number, or, if applicable, the Secretary of State or Illinois State Police identification number of such part;
|
|
(iii) the date of the acquisition of each part;
(iv) the name and address of the person from whom
|
| the part was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person; if the essential part being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least two sources of identification, one of which shall be a drivers license or State identification card;
|
|
(v) the uniform invoice number or out-of-state
|
| bill of sale number reflecting the acquisition of such part;
|
|
(vi) the stock number assigned to the essential
|
| part by the licensee, if applicable;
|
|
(vii) the date of the disposition of such part;
(viii) the name and address of the person to whom
|
| such part was disposed of and, if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
|
|
(ix) the uniform invoice number reflecting the
|
| disposition of such part.
|
|
(B) Inspections of all essential parts shall be
|
| conducted in accordance with Section 5-402.1.
|
|
(C) A separate entry containing all of the
|
| information required to be recorded in subparagraph (A) of paragraph (2) of subsection (a) of this Section shall be made for each separate essential part. Separate entries shall be made regardless of whether the part was a large purchase acquisition. In addition, a separate entry shall be made for each part acquired for immediate sale or transfer, or for placement into the overall inventory or stock to be disposed of at a later time, or for use on a vehicle to be materially altered by the licensee, or acquired for any other purpose or reason. Failure to make a separate entry for each essential part acquired or disposed of, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each essential part as set forth in subparagraph (A) of paragraph (2) of subsection (a) shall constitute a failure to keep records.
|
|
(D) The vehicle's manufacturer's identification
|
| number or Secretary of State or Illinois State Police identification number for the essential part shall be ascertained and recorded even if such part is acquired from a person or dealer located in a State, territory, or country which does not require that such information be recorded. If the vehicle's manufacturer's identification number or Secretary of State or Illinois State Police identification number for an essential part cannot be obtained, that part shall not be acquired by the licensee or any of his agents or employees. If such part or parts were physically acquired by the licensee or any of his agents or employees while the licensee or agent or employee was outside this State, that licensee or agent or employee was outside the State, that licensee, agent or employee shall not bring such essential part into this State or cause it to be brought into this State. The acquisition or disposition of an essential part by a licensee without the recording of the vehicle identification number or Secretary of State identification number for such part or the transportation into the State by the licensee or his agent or employee of such part or parts shall constitute a failure to keep records.
|
|
(E) The records of essential parts required to be
|
| kept by this Section shall apply to all hulks, chassis, frames or cowls, regardless of the age of those essential parts. The records required to be kept by this Section for essential parts other than hulks, chassis, frames or cowls, shall apply only to those essential parts which are 6 model years of age or newer. In determining the model year of such an essential part it may be presumed that the identification number of the vehicle from which the essential part came or the identification number affixed to the essential part itself acquired by the licensee denotes the model year of that essential part. This presumption, however, shall not apply if the gross appearance of the essential part does not correspond to the year, make or model of either the identification number of the vehicle from which the essential part is alleged to have come or the identification number which is affixed to the essential part itself. To determine whether an essential part is 6 years of age or newer within this paragraph, the model year of the essential part shall be subtracted from the calendar year in which the essential part is acquired or disposed of by the licensee. If the remainder is 6 or less, the record of the acquisition or disposition of that essential part shall be kept as required by this Section.
|
|
(F) The requirements of paragraph (2) of subsection
|
| (a) of this Section shall not apply to the disposition of an essential part other than a cowl which has been damaged or altered to a state in which it can no longer be returned to a usable condition and which is being sold or transferred to a scrap processor or for delivery to a scrap processor.
|
|
(3) the following records for vehicles on which junking certificates are
obtained shall be kept:
(A) the year, make, model, style and color of the
|
|
(B) the vehicle's manufacturer's identification
|
| number or, if applicable, the Secretary of State or Illinois State Police identification number;
|
|
(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the
|
| vehicle was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
|
|
(E) the certificate of title number or salvage
|
| certificate number for the vehicle, if applicable;
|
|
(F) the junking certificate number obtained by the
|
| licensee; this entry shall be recorded at the close of business of the fifth business day after receiving the junking certificate;
|
|
(G) the name and address of the person to whom the
|
| junking certificate has been assigned, if applicable, and if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;
|
|
(H) if the vehicle or any part of the vehicle is
|
| dismantled for its parts to be disposed of in any way, or if such parts are to be used by the licensee to materially alter a vehicle, those essential parts shall be recorded and the entries required by paragraph (2) of subsection (a) shall be made.
|
|
(4) The following records for rebuilt vehicles shall be kept:
(A) the year, make, model, style and color of the
|
|
(B) the vehicle's manufacturer's identification
|
| number of the vehicle or, if applicable, the Secretary of State or Illinois State Police identification number;
|
|
(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the
|
| vehicle was acquired, and if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
|
|
(E) the salvage certificate number for the vehicle;
(F) the newly issued certificate of title number for
|
|
(G) the date of disposition of the vehicle;
(H) the name and address of the person to whom the
|
| vehicle was disposed, and if a dealer, the Illinois or out-of-state dealer license number of that dealer;
|
|
(I) The sale price of the vehicle.
(a-1) A person licensed or required to be licensed under Section 5-101 or
Section 5-102 of this Code who issues temporary registration permits as
permitted by
this Code and by rule must electronically file the registration with the
Secretary and must maintain records of the registration in the manner
prescribed by the Secretary.
(b) A failure to make separate entries for each vehicle acquired,
disposed of, or assigned, or a failure to record any of the specific
information required to be recorded concerning the acquisition or
disposition of each vehicle as set forth in paragraphs (1),
(3) and (4) of subsection (a) shall constitute a failure to keep records.
(c) All entries relating to the acquisition of a vehicle or essential
part required by subsection (a) of this Section shall be recorded no later than
the close of business on the seventh calendar day following such acquisition.
All entries relating to the disposition of a vehicle or an essential part
shall be made at the time of such disposition. If the vehicle or essential
part was disposed of on the same day as its acquisition or the day
thereafter, the entries relating to the acquisition of the vehicle or
essential part shall be made at the time of the disposition of the vehicle
or essential part. Failure to make the entries required in or at the times
prescribed by this subsection following the acquisition or disposition of
such vehicle or essential part shall constitute a failure to keep records.
(d) Every person licensed or required to be licensed shall,
before accepting delivery of a used vehicle, inspect the
vehicle to determine whether the manufacturer's public vehicle
identification number has been defaced, destroyed,
falsified, removed, altered, or tampered with in any way. If the person
making the inspection determines that the manufacturer's public vehicle
identification number has been altered, removed, defaced, destroyed,
falsified or tampered with he shall not acquire that vehicle but instead
shall promptly notify law enforcement authorities of his finding.
(e) The information required to be kept in subsection (a) of this
Section shall be kept in a manner prescribed by rule or regulation of the
Secretary of State.
(f) Every person licensed or required to be licensed shall have in his
possession a separate certificate of title, salvage certificate, junking
certificate, certificate of purchase, uniform invoice, out-of-state bill of
sale or other acceptable documentary evidence of his right to the
possession of every vehicle or essential part.
(g) Every person licensed or required to be licensed as a transporter
under Section 5-201 shall maintain for 3 years, in such form as the
Secretary of State may by rule or regulation prescribe, at his principal
place of business a record of every vehicle transported by him, including
numbers of or other marks of identification thereof, the names and
addresses of persons from whom and to whom the vehicle was delivered and
the dates of delivery.
(h) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the licensee shall
notify the Secretary of State that he is going out of business or that he
is transferring the ownership of the business. Failure to notify under this
paragraph shall constitute a failure to keep records.
(i) (Blank).
(j) A person who knowingly fails to comply with the provisions of this
Section or
knowingly fails to obey, observe, or comply with any order of the Secretary or
any law
enforcement agency issued
in accordance with this Section is guilty of a Class B misdemeanor for the
first violation and a Class A misdemeanor for the second and subsequent
violations. Each violation constitutes a separate and distinct offense and a
separate count may be brought in the same indictment or information for each
vehicle or each essential part of a vehicle for which a record was not kept as
required by this Section.
(k) Any person convicted of failing to keep the records required by this
Section with intent to conceal the identity or origin of a vehicle or its
essential parts or with intent to defraud the public in the transfer or sale of
vehicles or their essential parts is guilty of a Class 2 felony. Each violation
constitutes a separate and distinct offense and a separate count may be brought
in the same indictment or information for each vehicle or
essential part of a vehicle for which a record was not kept as required by this
Section.
(l) A person may not be criminally charged with or convicted of both a
knowing failure to comply with this Section and a knowing failure to comply
with any order, if both offenses involve the same record keeping violation.
(m) The Secretary shall adopt rules necessary for implementation of this
Section, which may include the imposition of administrative fines.
(Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.)
|
(625 ILCS 5/5-901) Sec. 5-901. Regulation of manufactured home dealers. (a) As used in this Article: "Established place of business" means the place owned or leased and occupied by any person duly licensed or required to be licensed as a manufactured home dealer for the purpose of engaging in selling, buying, bartering, displaying, exchanging, or dealing in, on consignment or otherwise, manufactured homes and for such other ancillary purposes as may be permitted by the Secretary by rule. "Manufactured home" means a factory-assembled structure built on a permanent chassis, transportable in one or more sections in the travel mode, incapable of self-propulsion, bears a label indicating the manufacturer's compliance with the United States Department of Housing and Urban Development standards, as applicable, and is designed for year-round occupancy as a single-family residence when connected to approved water, sewer, and electrical utilities. "Manufactured home dealer" means: (1) an individual or entity that engages in the business of acquiring or disposing of new or used manufactured homes; (2) an individual or entity who advertises or otherwise holds the individual or the entity out as being engaged in the business of acquiring or selling new or used manufactured homes; or (3) an individual or entity who buys or sells more than 2 new or used manufactured homes within a 12-month period. (b) No person shall engage in this State in the business of selling or dealing in, on consignment or otherwise, manufactured homes of any make, or act as an intermediary, agent, or broker for any manufactured home purchaser, other than as a salesperson, or to represent or advertise that he or she is so engaged, or intends to so engage, in the business, unless licensed to do so by the Secretary of State under this Section. (c) An application for a manufactured home dealer's license shall be filed with the Secretary of State Vehicle Services Department and duly verified by oath, on such form as the Secretary of State may prescribe, and shall contain all of the following: (1) The name and type of business organization of the |
| applicant, and his or her established place of business in this State.
|
|
(2) If the applicant is a corporation, a list of its
|
| officers, directors, and shareholders having a 10% or greater ownership interest in the corporation. If the applicant is a sole proprietorship, a partnership, a limited liability company, an unincorporated association, a trust, or any similar form of business organization, the name and residence address of the proprietor, or the name and residence address of each partner, member, officer, director, trustee, or manager.
|
|
(3) A statement that the applicant has been approved
|
| for registration under the Retailers' Occupation Tax Act by the Department of Revenue, except that this requirement does not apply to a manufactured home dealer who is already licensed with the Secretary of State, and who is only applying for a renewal of his or her license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that the Department has approved the applicant for registration under the Retailers' Occupation Tax Act.
|
|
(4) An application for a manufactured home dealer's
|
| license shall be accompanied by a $1,000 license fee for the applicant's established place of business. If the application is made after June 15 of any year, the license fee shall be $500 for the applicant's established place of business. License fees shall be returnable only if the application is denied by the Secretary of State.
|
|
Of the money received by the Secretary of State as
|
| license fees under this paragraph (4), 95% shall be deposited into the General Revenue Fund and 5% into the Motor Vehicle License Plate Fund.
|
|
(5) A statement that no officer, director,
|
| shareholder having a 10% or greater ownership interest, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has committed in the past 3 years any violation, as determined in any civil, criminal, or administrative hearing proceeding, of any one of the following Acts:
|
|
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
|
| Certificates of Title Laws of this Code;
|
|
(D) the Dealers, Transporters, Wreckers, and
|
| Rebuilders Laws of this Code;
|
|
(E) Section 21-2 of the Criminal Code of 2012,
|
| criminal trespass to vehicles;
|
|
(F) the Retailers' Occupation Tax Act;
(G) the Consumer Installment Loan Act;
(H) the Retail Installment Sales Act;
(I) the Interest Act;
(J) the Illinois Wage Assignment Act;
(K) Part 8 of Article XII of the Code of Civil
|
|
(L) the Consumer Fraud and Deceptive Business
|
|
(6) A bond or certificate of deposit in the amount of
|
| $150,000 for each license holder applicant intending to act as a manufactured home dealer under this Section. The bond shall be for the term of the license for which application is made and shall expire not sooner than December 31st of the year for which the license was issued. The bond shall run to the People of the State of Illinois and to customers asserting financial claims against the dealer, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a manufactured home dealer, and the execution of all of the dealer's obligations to the customer, including financial duties related to the acceptance and disbursement of any funds paid to the dealer by the customer, and conveyance of possession or ownership documents of a manufactured home.
|
|
(7) Dealers in business for over 10 years may
|
| substitute a certificate of insurance in lieu of the bond or certificate of deposit upon renewing their license.
|
|
(8) Any other information concerning the business of
|
| the applicant as the Secretary of State may by rule prescribe.
|
|
(d) Any change that renders no longer accurate any information contained in any application for a license under this Section shall be amended within 30 days after the occurrence of the change on a form the Secretary of State may prescribe, by rule, accompanied by an amendatory fee of $25.
(e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted under this Section, and unless the Secretary makes a determination that the application submitted does not conform with the requirements of this Section or that grounds exist for a denial of the application under subsection (f), grant the applicant an initial manufactured home dealer's license in writing for the established place of business of the applicant in a form the Secretary may prescribe by rule, which shall include the following:
(1) the name of the person or entity licensed;
(2) if a corporation, the name and address of its
|
| officers; if a sole proprietorship, a partnership, an unincorporated association, or any similar form of business organization, the name and address of the proprietor, or the name and address of each partner, member, officer, director, trustee or manager; or if a limited liability company, the name and address of the general partner or partners, or managing member or members; and
|
|
(3) the established place of business of the licensee.
(f) A license issued under this Section may be denied, revoked, or suspended if the Secretary of State finds that the applicant, or the officer, director, shareholder having a 10% or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or the licensee has:
(1) violated this Section;
(2) made any material misrepresentation to the
|
| Secretary of State in connection with an application for a license, title, or registration;
|
|
(3) committed a fraudulent act in connection with
|
| selling, bartering, exchanging, offering for sale, or otherwise dealing in manufactured homes;
|
|
(4) not maintained an established place of business
|
| as defined in this Section;
|
|
(5) failed to file or produce to the Secretary of
|
| State any application, report, document, or other pertinent books, records, documents, letters, contracts required to be filed or produced under this Section or any rule adopted by the Secretary of State pursuant to this Section;
|
|
(6) failed to pay any fees or taxes due under this
|
| Code, or has failed to transmit any fees or taxes received by him or her for transmittal by him or her to the Secretary of State or the State of Illinois;
|
|
(7) failed to transfer title to a manufactured home
|
| when legally required to do so; or
|
|
(8) violated any of the following:
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
|
| Certificates of Title Laws of this Code;
|
|
(D) the Dealers, Transporters, Wreckers, and
|
| Rebuilders Laws of this Code;
|
|
(E) Section 21-2 of the Criminal Code of 2012,
|
| criminal trespass to vehicles;
|
|
(F) the Retailers' Occupation Tax Act;
(G) the Consumer Installment Loan Act;
(H) the Retail Installment Sales Act;
(I) the Interest Act;
(J) the Illinois Wage Assignment Act;
(K) Part 8 of Article XII of the Code of Civil
|
|
(L) the Consumer Fraud and Deceptive Business
|
|
(g) In addition to other grounds specified in this Section, the Secretary of State, on complaint of the Department of Revenue, shall refuse the issuance or renewal of a license, or suspend or revoke such a license, for any of the following violations of the Retailers' Occupation Tax Act, the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act:
(1) failure to make a tax return;
(2) the filing of a fraudulent return;
(3) failure to pay all or part of any tax or penalty
|
| finally determined to be due;
|
|
(4) failure to comply with the bonding requirements
|
| of the Retailers' Occupation Tax Act.
|
|
(h) A license issued under this Section may be canceled by the Secretary of State prior to its expiration in any of the following situations:
(1) if a license is voluntarily surrendered by the
|
|
(2) if the business enterprise is a sole
|
| proprietorship and the sole proprietor dies or is imprisoned for any period exceeding 30 days; or
|
|
(3) if the license was issued to the wrong person or
|
| corporation or contains an error on its face.
|
|
If any person whose license has been canceled wishes to apply for another license, whether during the same license year or any other year, that person shall be treated as a new applicant and the cancellation of the person's prior license shall not, in and of itself, be a bar to the issuance of a new license.
(i) A license issued under this Section may be canceled without a hearing if the Secretary of State is notified that the applicant, or any officer, director, shareholder having a 10% or greater ownership interest, owner, partner, trustee, manager, employee, or member of the applicant or the licensee has been convicted of any forcible felony or any felony involving the selling, bartering, exchanging, offering for sale, or otherwise dealing in ownership documents relating to any of the above actions.
(j) The appropriate instrument evidencing the license or a certified copy of the instrument, provided by the Secretary of State, shall be kept posted conspicuously in the established place of business of the licensee.
(k) All records related to the purchase, sale, or acceptance for sale on consignment of any manufactured home shall be maintained at the licensee's established place of business. These records shall be retained for a period of not less than 7 years, and shall be made available for inspection upon the request of a Secretary of State auditor or an investigator with the Secretary of State Department of Police.
(l) Except as provided in subsection (i), all licenses granted under this Section shall expire by operation of law on December 31st of the calendar year for which the licenses were granted, unless sooner revoked or canceled under subsection (f).
(m) Each person licensed as a manufactured home dealer is required to furnish each purchaser of a manufactured home:
(1) in the case of a new manufactured home, a
|
| manufacturer's statement of origin, and in the case of a previously owned manufactured home, a certificate of title, in either case properly assigned to the purchaser;
|
|
(2) a statement verified under oath that all
|
| identifying numbers on the vehicle match the identifying numbers on the certificate of title or manufacturer's statement of origin;
|
|
(3) a bill of sale properly executed on behalf of the
|
|
(4) for a new manufactured home, a warranty, and in
|
| the case of a manufactured home for which the warranty has been reinstated, a copy of the warranty; if no warranty is provided, a disclosure or statement that the manufactured home is being sold "AS IS".
|
|
(n) This Section does not apply to a seller who privately owns his or her manufactured home as his or her main residence and is selling the manufactured home to another individual or to a licensee so long as that individual does not sell more than 2 manufactured homes in one 12-month period.
(o) This Section does not apply to any person licensed under the Real Estate License Act of 2000.
(p) The Secretary of State may adopt any rules necessary to implement this Section.
(q) Any individual or entity licensed as a manufactured home dealer or a community-based manufactured home dealer on the effective date of this Section shall be entitled to act as a manufactured home dealer under this Section for the duration of any license in effect on the effective date of this amendatory Act of the 102nd General Assembly, and shall be eligible to be issued a manufactured home dealer's license under this Section upon the expiration of any such license.
(Source: P.A. 102-941, eff. 7-1-22.)
|
(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
(Text of Section before amendment by P.A. 103-162)
Sec. 6-103. What persons shall not be licensed as drivers or granted
permits. The Secretary of State shall not issue, renew, or
allow the retention of any driver's
license nor issue any permit under this Code:
1. To any person, as a driver, who is under the age |
| of 18 years except as provided in Section 6-107, and except that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 3 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 3 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
|
|
1.5. To any person at least 18 years of age but less
|
| than 21 years of age unless the person has, in addition to any other requirements of this Code, successfully completed an adult driver education course as provided in Section 6-107.5 of this Code;
|
|
2. To any person who is under the age of 18 as an
|
| operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6-107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation and successfully completes the required Secretary of State's motorcycle driver's examination;
|
|
3. To any person, as a driver, whose driver's license
|
| or permit has been suspended, during the suspension, nor to any person whose driver's license or permit has been revoked, except as provided in Sections 6-205, 6-206, and 6-208;
|
|
4. To any person, as a driver, who is a user of
|
| alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;
|
|
5. To any person, as a driver, who has previously
|
| been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
|
|
6. To any person, as a driver, who is required by the
|
| Secretary of State to submit an alcohol and drug evaluation or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
|
|
7. To any person who is required under the provisions
|
| of the laws of this State to deposit security or proof of financial responsibility and who has not deposited the security or proof;
|
|
8. To any person when the Secretary of State has good
|
| cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist, a licensed physician assistant, or a licensed advanced practice registered nurse, to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
|
|
9. To any person, as a driver, who is 69 years of age
|
| or older, unless the person has successfully complied with the provisions of Section 6-109;
|
|
10. To any person convicted, within 12 months of
|
| application for a license, of any of the sexual offenses enumerated in paragraph 2 of subsection (b) of Section 6-205;
|
|
11. To any person who is under the age of 21 years
|
| with a classification prohibited in paragraph (b) of Section 6-104 and to any person who is under the age of 18 years with a classification prohibited in paragraph (c) of Section 6-104;
|
|
12. To any person who has been either convicted of or
|
| adjudicated under the Juvenile Court Act of 1987 based upon a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. The Secretary of State shall not issue a new license or permit for a period of one year;
|
|
13. To any person who is under the age of 18 years
|
| and who has committed the offense of operating a motor vehicle without a valid license or permit in violation of Section 6-101 or a similar out of state offense;
|
|
14. To any person who is 90 days or more delinquent
|
| in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days' obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
|
|
14.5. To any person certified by the Illinois
|
| Department of Healthcare and Family Services as being 90 days or more delinquent in payment of support under an order of support entered by a court or administrative body of this or any other State, subject to the requirements and procedures of Article VII of Chapter 7 of this Code regarding those certifications;
|
|
15. To any person released from a term of
|
| imprisonment for violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a law of another state relating to reckless homicide or for violating subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, within 24 months of release from a term of imprisonment;
|
|
16. To any person who, with intent to influence any
|
| act related to the issuance of any driver's license or permit, by an employee of the Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or permit for 120 consecutive days. The Secretary of State shall establish by rule the procedures for implementing this period of disqualification and the procedures by which persons so disqualified may obtain administrative review of the decision to disqualify;
|
|
17. To any person for whom the Secretary of State
|
| cannot verify the accuracy of any information or documentation submitted in application for a driver's license;
|
|
18. To any person who has been adjudicated under the
|
| Juvenile Court Act of 1987 based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The person shall be denied a license or permit for the period determined by the court; or
|
|
19. To any person who holds a REAL ID compliant
|
| identification card or REAL ID compliant Person with a Disability Identification Card issued under the Illinois Identification Card Act. Any such person may, at his or her discretion, surrender the REAL ID compliant identification card or REAL ID compliant Person with a Disability Identification Card in order to become eligible to obtain a REAL ID compliant driver's license.
|
|
The Secretary of State shall retain all conviction
information, if the information is required to be held confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17; 100-248, eff. 8-22-17; 100-513, eff. 1-1-18; 100-863, eff. 8-14-18.)
(Text of Section after amendment by P.A. 103-162)
Sec. 6-103. What persons shall not be licensed as drivers or granted
permits. The Secretary of State shall not issue, renew, or
allow the retention of any driver's
license nor issue any permit under this Code:
1. To any person, as a driver, who is under the age
|
| of 18 years except as provided in Section 6-107, and except that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 3 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 3 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
|
|
1.5. To any person at least 18 years of age but less
|
| than 21 years of age unless the person has, in addition to any other requirements of this Code, successfully completed an adult driver education course as provided in Section 6-107.5 of this Code;
|
|
2. To any person who is under the age of 18 as an
|
| operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6-107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation;
|
|
3. To any person, as a driver, whose driver's license
|
| or permit has been suspended, during the suspension, nor to any person whose driver's license or permit has been revoked, except as provided in Sections 6-205, 6-206, and 6-208;
|
|
4. To any person, as a driver, who is a user of
|
| alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;
|
|
5. To any person, as a driver, who has previously
|
| been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
|
|
6. To any person, as a driver, who is required by the
|
| Secretary of State to submit an alcohol and drug evaluation or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
|
|
7. To any person who is required under the provisions
|
| of the laws of this State to deposit security or proof of financial responsibility and who has not deposited the security or proof;
|
|
8. To any person when the Secretary of State has good
|
| cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist, a licensed physician assistant, or a licensed advanced practice registered nurse, to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
|
|
9. To any person, as a driver, who is 69 years of age
|
| or older, unless the person has successfully complied with the provisions of Section 6-109;
|
|
10. To any person convicted, within 12 months of
|
| application for a license, of any of the sexual offenses enumerated in paragraph 2 of subsection (b) of Section 6-205;
|
|
11. To any person who is under the age of 21 years
|
| with a classification prohibited in paragraph (b) of Section 6-104 and to any person who is under the age of 18 years with a classification prohibited in paragraph (c) of Section 6-104;
|
|
12. To any person who has been either convicted of or
|
| adjudicated under the Juvenile Court Act of 1987 based upon a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. The Secretary of State shall not issue a new license or permit for a period of one year;
|
|
13. To any person who is under the age of 18 years
|
| and who has committed the offense of operating a motor vehicle without a valid license or permit in violation of Section 6-101 or a similar out of state offense;
|
|
14. To any person who is 90 days or more delinquent
|
| in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days' obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
|
|
14.5. To any person certified by the Illinois
|
| Department of Healthcare and Family Services as being 90 days or more delinquent in payment of support under an order of support entered by a court or administrative body of this or any other State, subject to the requirements and procedures of Article VII of Chapter 7 of this Code regarding those certifications;
|
|
15. To any person released from a term of
|
| imprisonment for violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a law of another state relating to reckless homicide or for violating subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, within 24 months of release from a term of imprisonment;
|
|
16. To any person who, with intent to influence any
|
| act related to the issuance of any driver's license or permit, by an employee of the Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or permit for 120 consecutive days. The Secretary of State shall establish by rule the procedures for implementing this period of disqualification and the procedures by which persons so disqualified may obtain administrative review of the decision to disqualify;
|
|
17. To any person for whom the Secretary of State
|
| cannot verify the accuracy of any information or documentation submitted in application for a driver's license;
|
|
18. To any person who has been adjudicated under the
|
| Juvenile Court Act of 1987 based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The person shall be denied a license or permit for the period determined by the court; or
|
|
19. To any person who holds a REAL ID compliant
|
| identification card or REAL ID compliant Person with a Disability Identification Card issued under the Illinois Identification Card Act. Any such person may, at his or her discretion, surrender the REAL ID compliant identification card or REAL ID compliant Person with a Disability Identification Card in order to become eligible to obtain a REAL ID compliant driver's license.
|
|
The Secretary of State shall retain all conviction
information, if the information is required to be held confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 103-162, eff. 1-1-24.)
|
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
(Text of Section from P.A. 102-726) Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the Illinois
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Illinois
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's |
| license issued by the Secretary of State;
|
|
3. possess a valid driver's license, which has not
|
| been revoked, suspended, or canceled for 3 years immediately prior to the date of application, or have not had his or her commercial motor vehicle driving privileges disqualified within the 3 years immediately prior to the date of application;
|
|
4. successfully pass a written test, administered by
|
| the Secretary of State, on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant's driving habits by the Secretary of State at the time the written test is given;
|
|
5. demonstrate ability to exercise reasonable care in
|
| the operation of school buses in accordance with rules promulgated by the Secretary of State;
|
|
6. demonstrate physical fitness to operate school
|
| buses by submitting the results of a medical examination, including tests for drug use for each applicant not subject to such testing pursuant to federal law, conducted by a licensed physician, a licensed advanced practice registered nurse, or a licensed physician assistant within 90 days of the date of application according to standards promulgated by the Secretary of State;
|
|
7. affirm under penalties of perjury that he or she
|
| has not made a false statement or knowingly concealed a material fact in any application for permit;
|
|
8. have completed an initial classroom course,
|
| including first aid procedures, in school bus driver safety as promulgated by the Secretary of State; and after satisfactory completion of said initial course an annual refresher course; such courses and the agency or organization conducting such courses shall be approved by the Secretary of State; failure to complete the annual refresher course, shall result in cancellation of the permit until such course is completed;
|
|
9. not have been under an order of court supervision
|
| for or convicted of 2 or more serious traffic offenses, as defined by rule, within one year prior to the date of application that may endanger the life or safety of any of the driver's passengers within the duration of the permit period;
|
|
10. not have been under an order of court supervision
|
| for or convicted of reckless driving, aggravated reckless driving, driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, or reckless homicide resulting from the operation of a motor vehicle within 3 years of the date of application;
|
|
11. not have been convicted of committing or
|
| attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 8-1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), of Section 24-3, and those offenses contained in Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012; (ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act; (iii) those offenses defined in the Illinois Controlled Substances Act; (iv) those offenses defined in the Methamphetamine Control and Community Protection Act; (v) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses; (vi) the offenses defined in Section 4.1 and 5.1 of the Wrongs to Children Act or Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; (vii) those offenses defined in Section 6-16 of the Liquor Control Act of 1934; and (viii) those offenses defined in the Methamphetamine Precursor Control Act;
|
|
12. not have been repeatedly involved as a driver in
|
| motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree which indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
|
|
13. not have, through the unlawful operation of a
|
| motor vehicle, caused an accident resulting in the death of any person;
|
|
14. not have, within the last 5 years, been adjudged
|
| to be afflicted with or suffering from any mental disability or disease;
|
|
15. consent, in writing, to the release of results of
|
| reasonable suspicion drug and alcohol testing under Section 6-106.1c of this Code by the employer of the applicant to the Secretary of State; and
|
|
16. not have been convicted of committing or
|
| attempting to commit within the last 20 years: (i) an offense defined in subsection (c) of Section 4, subsection (b) of Section 5, and subsection (a) of Section 8 of the Cannabis Control Act; or (ii) any offenses in any other state or against the laws of the United States that, if committed or attempted in this State, would be punishable as one or more of the foregoing offenses.
|
|
(a-5) If an applicant's driver's license has been suspended within the 3 years immediately prior to the date of application for the sole reason of failure to pay child support, that suspension shall not bar the applicant from receiving a school bus driver permit.
(b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the Illinois
State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Illinois State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the order of court supervision or conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
|
| driver permit of an applicant whose criminal background investigation discloses that he or she is not in compliance with the provisions of subsection (a) of this Section.
|
|
(2) The Secretary of State shall cancel a school bus
|
| driver permit when he or she receives notice that the permit holder fails to comply with any provision of this Section or any rule promulgated for the administration of this Section.
|
|
(3) The Secretary of State shall cancel a school bus
|
| driver permit if the permit holder's restricted commercial or commercial driving privileges are withdrawn or otherwise invalidated.
|
|
(4) The Secretary of State may not issue a school bus
|
| driver permit for a period of 3 years to an applicant who fails to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
|
|
(5) The Secretary of State shall forthwith suspend a
|
| school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
|
|
(6) The Secretary of State shall suspend a school bus
|
| driver permit for a period of 3 years upon receiving notice from the employer that the holder failed to perform the inspection procedure set forth in subsection (a) or (b) of Section 12-816 of this Code.
|
|
(7) The Secretary of State shall suspend a school bus
|
| driver permit for a period of 3 years upon receiving notice from the employer that the holder refused to submit to an alcohol or drug test as required by Section 6-106.1c or has submitted to a test required by that Section which disclosed an alcohol concentration of more than 0.00 or disclosed a positive result on a National Institute on Drug Abuse five-drug panel, utilizing federal standards set forth in 49 CFR 40.87.
|
|
The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2-118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3-14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this Section:
"Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard.
(k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-726, eff. 1-1-23.)
(Text of Section from P.A. 102-813)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the Illinois
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Illinois
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
|
| license issued by the Secretary of State;
|
|
3. possess a valid driver's license, which has not
|
| been revoked, suspended, or canceled for 3 years immediately prior to the date of application, or have not had his or her commercial motor vehicle driving privileges disqualified within the 3 years immediately prior to the date of application;
|
|
4. successfully pass a written test, administered by
|
| the Secretary of State, on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant's driving habits by the Secretary of State at the time the written test is given;
|
|
5. demonstrate ability to exercise reasonable care in
|
| the operation of school buses in accordance with rules promulgated by the Secretary of State;
|
|
6. demonstrate physical fitness to operate school
|
| buses by submitting the results of a medical examination, including tests for drug use for each applicant not subject to such testing pursuant to federal law, conducted by a licensed physician, a licensed advanced practice registered nurse, or a licensed physician assistant within 90 days of the date of application according to standards promulgated by the Secretary of State;
|
|
7. affirm under penalties of perjury that he or she
|
| has not made a false statement or knowingly concealed a material fact in any application for permit;
|
|
8. have completed an initial classroom course,
|
| including first aid procedures, in school bus driver safety as promulgated by the Secretary of State; and after satisfactory completion of said initial course an annual refresher course; such courses and the agency or organization conducting such courses shall be approved by the Secretary of State; failure to complete the annual refresher course, shall result in cancellation of the permit until such course is completed;
|
|
9. not have been under an order of court supervision
|
| for or convicted of 2 or more serious traffic offenses, as defined by rule, within one year prior to the date of application that may endanger the life or safety of any of the driver's passengers within the duration of the permit period;
|
|
10. not have been under an order of court supervision
|
| for or convicted of reckless driving, aggravated reckless driving, driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, or reckless homicide resulting from the operation of a motor vehicle within 3 years of the date of application;
|
|
11. not have been convicted of committing or
|
| attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 8-1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), of Section 24-3, and those offenses contained in Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012; (ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act; (iii) those offenses defined in the Illinois Controlled Substances Act; (iv) those offenses defined in the Methamphetamine Control and Community Protection Act; (v) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses; (vi) the offenses defined in Section 4.1 and 5.1 of the Wrongs to Children Act or Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; (vii) those offenses defined in Section 6-16 of the Liquor Control Act of 1934; and (viii) those offenses defined in the Methamphetamine Precursor Control Act;
|
|
12. not have been repeatedly involved as a driver in
|
| motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree which indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
|
|
13. not have, through the unlawful operation of a
|
| motor vehicle, caused an accident resulting in the death of any person;
|
|
14. not have, within the last 5 years, been adjudged
|
| to be afflicted with or suffering from any mental disability or disease;
|
|
15. consent, in writing, to the release of results of
|
| reasonable suspicion drug and alcohol testing under Section 6-106.1c of this Code by the employer of the applicant to the Secretary of State; and
|
|
16. not have been convicted of committing or
|
| attempting to commit within the last 20 years: (i) an offense defined in subsection (c) of Section 4, subsection (b) of Section 5, and subsection (a) of Section 8 of the Cannabis Control Act; or (ii) any offenses in any other state or against the laws of the United States that, if committed or attempted in this State, would be punishable as one or more of the foregoing offenses.
|
|
(b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the Illinois
State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Illinois State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the order of court supervision or conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
|
| driver permit of an applicant whose criminal background investigation discloses that he or she is not in compliance with the provisions of subsection (a) of this Section.
|
|
(2) The Secretary of State shall cancel a school bus
|
| driver permit when he or she receives notice that the permit holder fails to comply with any provision of this Section or any rule promulgated for the administration of this Section.
|
|
(3) The Secretary of State shall cancel a school bus
|
| driver permit if the permit holder's restricted commercial or commercial driving privileges are withdrawn or otherwise invalidated.
|
|
(4) The Secretary of State may not issue a school bus
|
| driver permit for a period of 3 years to an applicant who fails to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
|
|
(5) The Secretary of State shall forthwith suspend a
|
| school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
|
|
(6) The Secretary of State shall suspend a school bus
|
| driver permit for a period of 3 years upon receiving notice from the employer that the holder failed to perform the inspection procedure set forth in subsection (a) or (b) of Section 12-816 of this Code.
|
|
(7) The Secretary of State shall suspend a school bus
|
| driver permit for a period of 3 years upon receiving notice from the employer that the holder refused to submit to an alcohol or drug test as required by Section 6-106.1c or has submitted to a test required by that Section which disclosed an alcohol concentration of more than 0.00 or disclosed a positive result on a National Institute on Drug Abuse five-drug panel, utilizing federal standards set forth in 49 CFR 40.87.
|
|
The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2-118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3-14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this Section:
"Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard.
(k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section from P.A. 102-982)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the Illinois
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Illinois
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
|
| license issued by the Secretary of State;
|
|
3. possess a valid driver's license, which has not
|
| been revoked, suspended, or canceled for 3 years immediately prior to the date of application, or have not had his or her commercial motor vehicle driving privileges disqualified within the 3 years immediately prior to the date of application;
|
|
4. successfully pass a written test, administered by
|
| the Secretary of State, on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant's driving habits by the Secretary of State at the time the written test is given;
|
|
5. demonstrate ability to exercise reasonable care in
|
| the operation of school buses in accordance with rules promulgated by the Secretary of State;
|
|
6. demonstrate physical fitness to operate school
|
| buses by submitting the results of a medical examination, including tests for drug use for each applicant not subject to such testing pursuant to federal law, conducted by a licensed physician, a licensed advanced practice registered nurse, or a licensed physician assistant within 90 days of the date of application according to standards promulgated by the Secretary of State;
|
|
7. affirm under penalties of perjury that he or she
|
| has not made a false statement or knowingly concealed a material fact in any application for permit;
|
|
8. have completed an initial classroom course,
|
| including first aid procedures, in school bus driver safety as promulgated by the Secretary of State; and after satisfactory completion of said initial course an annual refresher course; such courses and the agency or organization conducting such courses shall be approved by the Secretary of State; failure to complete the annual refresher course, shall result in cancellation of the permit until such course is completed;
|
|
9. not have been under an order of court supervision
|
| for or convicted of 2 or more serious traffic offenses, as defined by rule, within one year prior to the date of application that may endanger the life or safety of any of the driver's passengers within the duration of the permit period;
|
|
10. not have been under an order of court supervision
|
| for or convicted of reckless driving, aggravated reckless driving, driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, or reckless homicide resulting from the operation of a motor vehicle within 3 years of the date of application;
|
|
11. not have been convicted of committing or
|
| attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 8-1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), of Section 24-3, and those offenses contained in Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012; (ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act; (iii) those offenses defined in the Illinois Controlled Substances Act; (iv) those offenses defined in the Methamphetamine Control and Community Protection Act; (v) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses; (vi) the offenses defined in Section 4.1 and 5.1 of the Wrongs to Children Act or Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; (vii) those offenses defined in Section 6-16 of the Liquor Control Act of 1934; and (viii) those offenses defined in the Methamphetamine Precursor Control Act;
|
|
12. not have been repeatedly involved as a driver in
|
| motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree which indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
|
|
13. not have, through the unlawful operation of a
|
| motor vehicle, caused a crash resulting in the death of any person;
|
|
14. not have, within the last 5 years, been adjudged
|
| to be afflicted with or suffering from any mental disability or disease;
|
|
15. consent, in writing, to the release of results of
|
| reasonable suspicion drug and alcohol testing under Section 6-106.1c of this Code by the employer of the applicant to the Secretary of State; and
|
|
16. not have been convicted of committing or
|
| attempting to commit within the last 20 years: (i) an offense defined in subsection (c) of Section 4, subsection (b) of Section 5, and subsection (a) of Section 8 of the Cannabis Control Act; or (ii) any offenses in any other state or against the laws of the United States that, if committed or attempted in this State, would be punishable as one or more of the foregoing offenses.
|
|
(b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the Illinois
State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Illinois State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the order of court supervision or conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
|
| driver permit of an applicant whose criminal background investigation discloses that he or she is not in compliance with the provisions of subsection (a) of this Section.
|
|
(2) The Secretary of State shall cancel a school bus
|
| driver permit when he or she receives notice that the permit holder fails to comply with any provision of this Section or any rule promulgated for the administration of this Section.
|
|
(3) The Secretary of State shall cancel a school bus
|
| driver permit if the permit holder's restricted commercial or commercial driving privileges are withdrawn or otherwise invalidated.
|
|
(4) The Secretary of State may not issue a school bus
|
| driver permit for a period of 3 years to an applicant who fails to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
|
|
(5) The Secretary of State shall forthwith suspend a
|
| school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
|
|
(6) The Secretary of State shall suspend a school bus
|
| driver permit for a period of 3 years upon receiving notice from the employer that the holder failed to perform the inspection procedure set forth in subsection (a) or (b) of Section 12-816 of this Code.
|
|
(7) The Secretary of State shall suspend a school bus
|
| driver permit for a period of 3 years upon receiving notice from the employer that the holder refused to submit to an alcohol or drug test as required by Section 6-106.1c or has submitted to a test required by that Section which disclosed an alcohol concentration of more than 0.00 or disclosed a positive result on a National Institute on Drug Abuse five-drug panel, utilizing federal standards set forth in 49 CFR 40.87.
|
|
The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2-118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3-14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this Section:
"Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard.
(k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-982, eff. 7-1-23.)
(Text of Section from P.A. 102-1130)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit for the operation of first or second division vehicles being operated as school buses or a permit valid only for the operation of first division vehicles being operated as school buses to those applicants who have met all the requirements of the
application and screening process under this Section to insure the
welfare and safety of children who are transported on school buses
throughout the State of Illinois. Applicants shall obtain the
proper application required by the Secretary of State from their
prospective or current employer and submit the completed
application to the prospective or current employer along
with the necessary fingerprint submission as required by the Illinois
State Police to conduct fingerprint based criminal background
checks on current and future information available in the state
system and current information available through the Federal Bureau
of Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual refresher
course. Individuals who on July 1, 1995 (the effective date of Public Act 88-612) possess a valid
school bus driver permit that has been previously issued by the appropriate
Regional School Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid and does not
lapse. The applicant shall be required to pay all related
application and fingerprinting fees as established by rule
including, but not limited to, the amounts established by the Illinois
State Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be deposited into the
State Police Services Fund for the cost incurred in processing the fingerprint
based criminal background investigations. All other fees paid under this
Section shall be deposited into the Road
Fund for the purpose of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
|
| license issued by the Secretary of State;
|
|
3. possess a valid driver's license, which has not
|
| been revoked, suspended, or canceled for 3 years immediately prior to the date of application, or have not had his or her commercial motor vehicle driving privileges disqualified within the 3 years immediately prior to the date of application;
|
|
4. successfully pass a first division or second
|
| division written test, administered by the Secretary of State, on school bus operation, school bus safety, and special traffic laws relating to school buses and submit to a review of the applicant's driving habits by the Secretary of State at the time the written test is given;
|
|
5. demonstrate ability to exercise reasonable care in
|
| the operation of school buses in accordance with rules promulgated by the Secretary of State;
|
|
6. demonstrate physical fitness to operate school
|
| buses by submitting the results of a medical examination, including tests for drug use for each applicant not subject to such testing pursuant to federal law, conducted by a licensed physician, a licensed advanced practice registered nurse, or a licensed physician assistant within 90 days of the date of application according to standards promulgated by the Secretary of State;
|
|
7. affirm under penalties of perjury that he or she
|
| has not made a false statement or knowingly concealed a material fact in any application for permit;
|
|
8. have completed an initial classroom course,
|
| including first aid procedures, in school bus driver safety as promulgated by the Secretary of State; and after satisfactory completion of said initial course an annual refresher course; such courses and the agency or organization conducting such courses shall be approved by the Secretary of State; failure to complete the annual refresher course, shall result in cancellation of the permit until such course is completed;
|
|
9. not have been under an order of court supervision
|
| for or convicted of 2 or more serious traffic offenses, as defined by rule, within one year prior to the date of application that may endanger the life or safety of any of the driver's passengers within the duration of the permit period;
|
|
10. not have been under an order of court supervision
|
| for or convicted of reckless driving, aggravated reckless driving, driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, or reckless homicide resulting from the operation of a motor vehicle within 3 years of the date of application;
|
|
11. not have been convicted of committing or
|
| attempting to commit any one or more of the following offenses: (i) those offenses defined in Sections 8-1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1, 33A-2, and 33D-1, in subsection (A), clauses (a) and (b), of Section 24-3, and those offenses contained in Article 29D of the Criminal Code of 1961 or the Criminal Code of 2012; (ii) those offenses defined in the Cannabis Control Act except those offenses defined in subsections (a) and (b) of Section 4, and subsection (a) of Section 5 of the Cannabis Control Act; (iii) those offenses defined in the Illinois Controlled Substances Act; (iv) those offenses defined in the Methamphetamine Control and Community Protection Act; (v) any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in this State would be punishable as one or more of the foregoing offenses; (vi) the offenses defined in Section 4.1 and 5.1 of the Wrongs to Children Act or Section 11-9.1A of the Criminal Code of 1961 or the Criminal Code of 2012; (vii) those offenses defined in Section 6-16 of the Liquor Control Act of 1934; and (viii) those offenses defined in the Methamphetamine Precursor Control Act;
|
|
12. not have been repeatedly involved as a driver in
|
| motor vehicle collisions or been repeatedly convicted of offenses against laws and ordinances regulating the movement of traffic, to a degree which indicates lack of ability to exercise ordinary and reasonable care in the safe operation of a motor vehicle or disrespect for the traffic laws and the safety of other persons upon the highway;
|
|
13. not have, through the unlawful operation of a
|
| motor vehicle, caused an accident resulting in the death of any person;
|
|
14. not have, within the last 5 years, been adjudged
|
| to be afflicted with or suffering from any mental disability or disease;
|
|
15. consent, in writing, to the release of results of
|
| reasonable suspicion drug and alcohol testing under Section 6-106.1c of this Code by the employer of the applicant to the Secretary of State; and
|
|
16. not have been convicted of committing or
|
| attempting to commit within the last 20 years: (i) an offense defined in subsection (c) of Section 4, subsection (b) of Section 5, and subsection (a) of Section 8 of the Cannabis Control Act; or (ii) any offenses in any other state or against the laws of the United States that, if committed or attempted in this State, would be punishable as one or more of the foregoing offenses.
|
|
(a-5) By January 1, 2024, the Secretary of State, in conjunction with the Illinois State Board of Education, shall
develop a separate classroom course and refresher course for operation of vehicles of the
first division being operated as school buses. Regional superintendents of schools,
working with the Illinois State Board of Education, shall offer the course.
(b) A school bus driver permit shall be valid for a period specified by
the Secretary of State as set forth by rule. It shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's driver's
license number, legal name, residence address, zip code, and date
of birth, a brief description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the holder.
(d) The employer shall be responsible for conducting a pre-employment
interview with prospective school bus driver candidates, distributing school
bus driver applications and medical forms to be completed by the applicant, and
submitting the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations. The employer
shall certify in writing to the Secretary of State that all pre-employment
conditions have been successfully completed including the successful completion
of an Illinois specific criminal background investigation through the Illinois
State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for criminal
history information available through the Federal Bureau of
Investigation system. The applicant shall present the
certification to the Secretary of State at the time of submitting
the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment conditions
have been successfully completed, and upon successful completion of
all training and examination requirements for the classification of
the vehicle to be operated, the Secretary of State shall
provisionally issue a School Bus Driver Permit. The permit shall
remain in a provisional status pending the completion of the
Federal Bureau of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau of
Investigation by the Illinois State Police. The Federal Bureau of
Investigation shall report the findings directly to the Secretary
of State. The Secretary of State shall remove the bus driver
permit from provisional status upon the applicant's successful
completion of the Federal Bureau of Investigation's criminal
background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an order of court supervision for or convicted in
another state of an offense that would make him or her ineligible
for a permit under subsection (a) of this Section. The
written notification shall be made within 5 days of the entry of
the order of court supervision or conviction. Failure of the permit holder to provide the
notification is punishable as a petty
offense for a first violation and a Class B misdemeanor for a
second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
|
| driver permit of an applicant whose criminal background investigation discloses that he or she is not in compliance with the provisions of subsection (a) of this Section.
|
|
(2) The Secretary of State shall cancel a school bus
|
| driver permit when he or she receives notice that the permit holder fails to comply with any provision of this Section or any rule promulgated for the administration of this Section.
|
|
(3) The Secretary of State shall cancel a school bus
|
| driver permit if the permit holder's restricted commercial or commercial driving privileges are withdrawn or otherwise invalidated.
|
|
(4) The Secretary of State may not issue a school bus
|
| driver permit for a period of 3 years to an applicant who fails to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
|
|
(5) The Secretary of State shall forthwith suspend a
|
| school bus driver permit for a period of 3 years upon receiving notice that the holder has failed to obtain a negative result on a drug test as required in item 6 of subsection (a) of this Section or under federal law.
|
|
(6) The Secretary of State shall suspend a school bus
|
| driver permit for a period of 3 years upon receiving notice from the employer that the holder failed to perform the inspection procedure set forth in subsection (a) or (b) of Section 12-816 of this Code.
|
|
(7) The Secretary of State shall suspend a school bus
|
| driver permit for a period of 3 years upon receiving notice from the employer that the holder refused to submit to an alcohol or drug test as required by Section 6-106.1c or has submitted to a test required by that Section which disclosed an alcohol concentration of more than 0.00 or disclosed a positive result on a National Institute on Drug Abuse five-drug panel, utilizing federal standards set forth in 49 CFR 40.87.
|
|
The Secretary of State shall notify the State Superintendent
of Education and the permit holder's prospective or current
employer that the applicant has (1) has failed a criminal
background investigation or (2) is no
longer eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver permit. The
cancellation shall remain in effect pending the outcome of a
hearing pursuant to Section 2-118 of this Code. The scope of the
hearing shall be limited to the issuance criteria contained in
subsection (a) of this Section. A petition requesting a
hearing shall be submitted to the Secretary of State and shall
contain the reason the individual feels he or she is entitled to a
school bus driver permit. The permit holder's
employer shall notify in writing to the Secretary of State
that the employer has certified the removal of the offending school
bus driver from service prior to the start of that school bus
driver's next workshift. An employing school board that fails to
remove the offending school bus driver from service is
subject to the penalties defined in Section 3-14.23 of the School Code. A
school bus
contractor who violates a provision of this Section is
subject to the penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this Section
prior to January 1, 1995, shall remain effective until their
expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder shall notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty. Upon notification pursuant to this subsection, (i) the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit as provided in subsection (i) of this Section, and (ii) if a permit holder fails to comply with the requirements of this Section while called to active duty, the Secretary of State shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service member returning from active duty must, within 90 days, renew a permit characterized as inactive pursuant to subsection (h) of this Section by complying with the renewal requirements of subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this Section:
"Active duty" means active duty pursuant to an executive order of the President of the United States, an act of the Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or reserve forces of the United States or a member of the Illinois National Guard.
(k) A private carrier employer of a school bus driver permit holder, having satisfied the employer requirements of this Section, shall be held to a standard of ordinary care for intentional acts committed in the course of employment by the bus driver permit holder. This subsection (k) shall in no way limit the liability of the private carrier employer for violation of any provision of this Section or for the negligent hiring or retention of a school bus driver permit holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21; 102-299, eff. 8-6-21; 102-538, eff. 8-20-21; 102-1130, eff. 7-1-23.)
|