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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/5-104.1
(625 ILCS 5/5-104.1) (from Ch. 95 1/2, par. 5-104.1)
Sec. 5-104.1.
Informational labels on pickup trucks; penalty.
(1)
Every manufacturer of second division vehicles having a gross vehicle
weight rating of 8,500
pounds or less which are sold or offered for sale for use upon the public
streets or highways within this State shall, prior to the delivery of the
second division vehicle to an Illinois dealer, or on or prior to the introduction date of
new models delivered to an Illinois dealer,
securely affix to the windshield or side window of the second division
vehicle a label upon
which the manufacturer shall endorse clearly, distinctly and legibly true
and correct entries disclosing information identical to and in the same
manner as required on new first division vehicles. The label
shall remain affixed to the second division vehicle until delivery of the
second division vehicle to the
ultimate purchaser. Any manufacturer who shall willfully fail to affix a
proper label required by this Section or any person who shall willfully
remove, alter or mutilate a label prior to delivery of the second division vehicle to the
ultimate purchaser is guilty of a misdemeanor. This Section shall not
apply to such second division vehicles for which the annual sales in
Illinois of the previous
model year were less than 200.
(2) This Section shall apply to second division vehicles having a gross
vehicle weight rating of 8,500 pounds or less built after December 31, 1987.
(Source: P.A. 85-387.)
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625 ILCS 5/5-104.2
(625 ILCS 5/5-104.2)
Sec. 5-104.2.
Nonconforming vehicles; sale.
(a) Every manufacturer shall be prohibited from reselling any motor
vehicle that has been finally ordered, determined, or adjudicated as having
a nonconformity under the New Vehicle Buyer Protection Act or a similar law
of any state, territory, or country, and that the manufacturer repurchased
or replaced because of the nonconformity, unless the manufacturer has
corrected the nonconformity and issues a disclosure statement prior to
resale stating that the vehicle was repurchased or replaced under the New
Vehicle Buyer Protection Act or similar law of any other state, territory,
or country; identifying the nonconformity; and warranting that the
nonconformity has been corrected. The disclosure statement must accompany
the vehicle through the first retail purchase.
(b) "Nonconformity" refers to a new vehicle's failure to conform to all
express warranties applicable to the vehicle, which failure substantially
impairs the use, market value, or safety of the vehicle.
(c) The disclosure statement referred to in subsection (a) shall be in
substantially the same form as below:
"IMPORTANT
Vehicle Identification Number (VIN): (Insert VIN Number); | | Year: (Insert Year); Make (Insert Make); Model: (Insert Model). This vehicle was previously sold as new. It was subsequently ordered as having a nonconformity by final decision of court proceeding or State run arbitration. It was subsequently repurchased by its manufacturer because it did not conform to the manufacturer's express warranty and the nonconformity was not cured within a reasonable time as provided by Illinois law. The following nonconformities have been corrected (a minimum of 5 numbered lines shall be provided to describe the nonconformity or nonconformities)."
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The customer shall sign the disclosure statement. This disclosure language
shall be in at least 8-point type.
(Source: P.A. 88-415.)
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625 ILCS 5/5-104.3
(625 ILCS 5/5-104.3)
Sec. 5-104.3. Disclosure of rebuilt vehicle.
(a) No person shall knowingly, with intent to defraud or deceive
another, sell a
vehicle for which a rebuilt title has been issued unless that vehicle is
accompanied by a Disclosure of Rebuilt Vehicle Status form, properly signed
and delivered to the buyer.
(a-5) No dealer or rebuilder licensed under Sections 5-101, 5-102, or 5-301 of this Code shall sell a vehicle for which a rebuilt title has been issued from another jurisdiction without first obtaining an Illinois certificate of title with a "REBUILT" notation under Section 3-118.1 of this Code. (b) The Secretary of State may by rule or regulation prescribe the format
and information contained in the Disclosure of Rebuilt Vehicle Status form.
(c) A violation of subsection (a) or (a-5) of this Section is a
Class A misdemeanor.
A second or subsequent violation of subsection (a) or (a-5) of this Section is a
Class 4 felony.
(Source: P.A. 100-104, eff. 11-9-17; 100-863, eff. 8-14-18.)
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625 ILCS 5/5-105
(625 ILCS 5/5-105) (from Ch. 95 1/2, par. 5-105)
Sec. 5-105. Investigation of licensee required. Every person seeking
a license under Chapter 5 of this Act, as part of the application process,
authorizes an investigation to determine if the applicant has ever been
convicted of a crime and if so, the disposition of those convictions. This
authorization shall indicate the scope of the inquiry and the agencies which
may be contacted. Upon this authorization the Secretary of State may request
and receive information and assistance from any Federal, State or local
governmental agency as part of the authorized investigation. The Illinois State Police shall provide information concerning
any criminal convictions
and their disposition brought against the applicant upon request of the
Secretary of State when the request is made in the form and manner required
by the Illinois State Police. The information
derived from this
investigation, including the source of
this information, and any conclusions or recommendations derived from this
information by the Secretary of State shall be provided to the applicant
or his designee. Upon request to the Secretary of State prior to any final
action by the Secretary of State on the application, no information obtained
from such investigation may be placed in any automated information system.
Any criminal convictions and their disposition information
obtained by the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State, except
as required herein, and may not be transmitted to anyone within the Office
of the Secretary of State except as needed for the purpose of evaluating
the application.
All criminal convictions and their disposition and information obtained
by the Division of Investigation shall be destroyed no later than 60 days
after the Division of Investigation has made a final ruling on the application,
and all rights of appeal have expired and pending appeals have been completed.
The only physical identity materials which the applicant can be required
to provide the Secretary of State are photographs or fingerprints. Only
information and standards which bear a reasonable and rational relation
to the performance of a licensee shall be used by the Secretary of State.
The Secretary of State shall adopt rules and regulations for the administration
of this Section. Any employee of the Secretary of State who gives or causes
to be given away any confidential information concerning any criminal
convictions
and their disposition of an applicant shall be guilty of a Class A misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
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