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92_HB4975enr HB4975 Enrolled LRB9215737LDtm 1 AN ACT regarding vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 5-101 and 5-102 as follows: 6 (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101) 7 Sec. 5-101. New vehicle dealers must be licensed. 8 (a) No person shall engage in this State in the business 9 of selling or dealing in, on consignment or otherwise, new 10 vehicles of any make, or act as an intermediary or agent or 11 broker for any licensed dealer or vehicle purchaser other 12 than as a salesperson, or represent or advertise that he is 13 so engaged or intends to so engage in such business unless 14 licensed to do so in writing by the Secretary of State under 15 the provisions of this Section. 16 (b) An application for a new vehicle dealer's license 17 shall be filed with the Secretary of State, duly verified by 18 oath, on such form as the Secretary of State may by rule or 19 regulation prescribe and shall contain: 20 1. The name and type of business organization of 21 the applicant and his established and additional places 22 of business, if any, in this State. 23 2. If the applicant is a corporation, a list of its 24 officers, directors, and shareholders having a ten 25 percent or greater ownership interest in the corporation, 26 setting forth the residence address of each; if the 27 applicant is a sole proprietorship, a partnership, an 28 unincorporated association, a trust, or any similar form 29 of business organization, the name and residence address 30 of the proprietor or of each partner, member, officer, 31 director, trustee, or manager. HB4975 Enrolled -2- LRB9215737LDtm 1 3. The make or makes of new vehicles which the 2 applicant will offer for sale at retail in this State. 3 4. The name of each manufacturer or franchised 4 distributor, if any, of new vehicles with whom the 5 applicant has contracted for the sale of such new 6 vehicles. As evidence of this fact, the application shall 7 be accompanied by a signed statement from each such 8 manufacturer or franchised distributor. If the applicant 9 is in the business of offering for sale new conversion 10 vehicles, trucks or vans, except for trucks modified to 11 serve a special purpose which includes but is not limited 12 to the following vehicles: street sweepers, fertilizer 13 spreaders, emergency vehicles, implements of husbandry or 14 maintenance type vehicles, he must furnish evidence of a 15 sales and service agreement from both the chassis 16 manufacturer and second stage manufacturer. 17 5. A statement that the applicant has been approved 18 for registration under the Retailers' Occupation Tax Act 19 by the Department of Revenue: Provided that this 20 requirement does not apply to a dealer who is already 21 licensed hereunder with the Secretary of State, and who 22 is merely applying for a renewal of his license. As 23 evidence of this fact, the application shall be 24 accompanied by a certification from the Department of 25 Revenue showing that that Department has approved the 26 applicant for registration under the Retailers' 27 Occupation Tax Act. 28 6. A statement that the applicant has complied with 29 the appropriate liability insurance requirement. A 30 Certificate of Insurance in a solvent company authorized 31 to do business in the State of Illinois shall be included 32 with each application covering each location at which he 33 proposes to act as a new vehicle dealer. The policy must 34 provide liability coverage in the minimum amounts of HB4975 Enrolled -3- LRB9215737LDtm 1 $100,000 for bodily injury to, or death of, any person, 2 $300,000 for bodily injury to, or death of, two or more 3 persons in any one accident, and $50,000 for damage to 4 property. Such policy shall expire not sooner than 5 December 31 of the year for which the license was issued 6 or renewed. The expiration of the insurance policy shall 7 not terminate the liability under the policy arising 8 during the period for which the policy was filed. 9 Trailer and mobile home dealers are exempt from this 10 requirement. 11 If the permitted user has a liability insurance 12 policy that provides automobile liability insurance 13 coverage of at least $100,000 for bodily injury to or the 14 death of any person, $300,000 for bodily injury to or the 15 death of any 2 or more persons in any one accident, and 16 $50,000 for damage to property, then the permitted user's 17 insurer shall be the primary insurer and the dealer's 18 insurer shall be the secondary insurer. If the permitted 19 user does not have a liability insurance policy that 20 provides automobile liability insurance coverage of at 21 least $100,000 for bodily injury to or the death of any 22 person, $300,000 for bodily injury to or the death of any 23 2 or more persons in any one accident, and $50,000 for 24 damage to property, or does not have any insurance at 25 all, then the dealer's insurer shall be the primary 26 insurer and the permitted user's insurer shall be the 27 secondary insurer. 28 When a permitted user is "test driving" a new 29 vehicle dealer's automobile, the new vehicle dealer's 30 insurance shall be primary and the permitted user's 31 insurance shall be secondary. 32 As used in this paragraph 6, a "permitted user" is a 33 person who, with the permission of the new vehicle dealer 34 or an employee of the new vehicle dealer, drives a HB4975 Enrolled -4- LRB9215737LDtm 1 vehicle owned and held for sale or lease by the new 2 vehicle dealer which the person is considering to 3 purchase or lease, in order to evaluate the performance, 4 reliability, or condition of the vehicle. The term 5 "permitted user" also includes a person who, with the 6 permission of the new vehicle dealer, drives a vehicle 7 owned or held for sale or lease by the new vehicle dealer 8 for loaner purposes while the user's vehicle is being 9 repaired or evaluated. 10 As used in this paragraph 6, "test driving" occurs 11 when a permitted user who, with the permission of the new 12 vehicle dealer or an employee of the new vehicle dealer, 13 drives a vehicle owned and held for sale or lease by a 14 new vehicle dealer that the person is considering to 15 purchase or lease, in order to evaluate the performance, 16 reliability, or condition of the vehicle. 17 As used in this paragraph 6, "loaner purposes" means 18 when a person who, with the permission of the new vehicle 19 dealer, drives a vehicle owned or held for sale or lease 20 by the new vehicle dealer while the user's vehicle is 21 being repaired or evaluated. 22 7. (A) An application for a new motor vehicle 23 dealer's license shall be accompanied by the following 24 license fees: 25 $100 for applicant's established place of 26 business, and $50 for each additional place of 27 business, if any, to which the application pertains; 28 but if the application is made after June 15 of any 29 year, the license fee shall be $50 for applicant's 30 established place of business plus $25 for each 31 additional place of business, if any, to which the 32 application pertains. License fees shall be 33 returnable only in the event that the application is 34 denied by the Secretary of State. All moneys HB4975 Enrolled -5- LRB9215737LDtm 1 received by the Secretary of State as license fees 2 under this Section shall be deposited into the Motor 3 Vehicle Review Board Fund and shall be used to 4 administer the Motor Vehicle Review Board under the 5 Motor Vehicle Franchise Act. 6 (B) An application for a new vehicle dealer's 7 license, other than for a new motor vehicle dealer's 8 license, shall be accompanied by the following 9 license fees: 10 $50 for applicant's established place of 11 business, and $25 for each additional place of 12 business, if any, to which the application pertains; 13 but if the application is made after June 15 of any 14 year, the license fee shall be $25 for applicant's 15 established place of business plus $12.50 for each 16 additional place of business, if any, to which the 17 application pertains. License fees shall be 18 returnable only in the event that the application is 19 denied by the Secretary of State. 20 8. A statement that the applicant's officers, 21 directors, shareholders having a 10% or greater ownership 22 interest therein, proprietor, a partner, member, officer, 23 director, trustee, manager or other principals in the 24 business have not committed in the past 3 years any one 25 violation as determined in any civil, criminal or 26 administrative proceedings of any one of the following 27 Acts: 28 (A) The Anti Theft Laws of the Illinois 29 Vehicle Code; 30 (B) The Certificate of Title Laws of the 31 Illinois Vehicle Code; 32 (C) The Offenses against Registration and 33 Certificates of Title Laws of the Illinois Vehicle 34 Code; HB4975 Enrolled -6- LRB9215737LDtm 1 (D) The Dealers, Transporters, Wreckers and 2 Rebuilders Laws of the Illinois Vehicle Code; 3 (E) Section 21-2 of the Criminal Code of 1961, 4 Criminal Trespass to Vehicles; or 5 (F) The Retailers' Occupation Tax Act. 6 9. A statement that the applicant's officers, 7 directors, shareholders having a 10% or greater ownership 8 interest therein, proprietor, partner, member, officer, 9 director, trustee, manager or other principals in the 10 business have not committed in any calendar year 3 or 11 more violations, as determined in any civil, criminal or 12 administrative proceedings, of any one or more of the 13 following Acts: 14 (A) The Consumer Finance Act; 15 (B) The Consumer Installment Loan Act; 16 (C) The Retail Installment Sales Act; 17 (D) The Motor Vehicle Retail Installment Sales 18 Act; 19 (E) The Interest Act; 20 (F) The Illinois Wage Assignment Act; 21 (G) Part 8 of Article XII of the Code of Civil 22 Procedure; or 23 (H) The Consumer Fraud Act. 24 10. A bond or certificate of deposit in the amount 25 of $20,000 for each location at which the applicant 26 intends to act as a new vehicle dealer. The bond shall 27 be for the term of the license, or its renewal, for which 28 application is made, and shall expire not sooner than 29 December 31 of the year for which the license was issued 30 or renewed. The bond shall run to the People of the 31 State of Illinois, with surety by a bonding or insurance 32 company authorized to do business in this State. It 33 shall be conditioned upon the proper transmittal of all 34 title and registration fees and taxes (excluding taxes HB4975 Enrolled -7- LRB9215737LDtm 1 under the Retailers' Occupation Tax Act) accepted by the 2 applicant as a new vehicle dealer. 3 11. Such other information concerning the business 4 of the applicant as the Secretary of State may by rule or 5 regulation prescribe. 6 12. A statement that the applicant understands 7 Chapter One through Chapter Five of this Code. 8 (c) Any change which renders no longer accurate any 9 information contained in any application for a new vehicle 10 dealer's license shall be amended within 30 days after the 11 occurrence of such change on such form as the Secretary of 12 State may prescribe by rule or regulation, accompanied by an 13 amendatory fee of $2. 14 (d) Anything in this Chapter 5 to the contrary 15 notwithstanding no person shall be licensed as a new vehicle 16 dealer unless: 17 1. He is authorized by contract in writing between 18 himself and the manufacturer or franchised distributor of 19 such make of vehicle to so sell the same in this State, 20 and 21 2. Such person shall maintain an established place 22 of business as defined in this Act. 23 (e) The Secretary of State shall, within a reasonable 24 time after receipt, examine an application submitted to him 25 under this Section and unless he makes a determination that 26 the application submitted to him does not conform with the 27 requirements of this Section or that grounds exist for a 28 denial of the application, under Section 5-501 of this 29 Chapter, grant the applicant an original new vehicle dealer's 30 license in writing for his established place of business and 31 a supplemental license in writing for each additional place 32 of business in such form as he may prescribe by rule or 33 regulation which shall include the following: 34 1. The name of the person licensed; HB4975 Enrolled -8- LRB9215737LDtm 1 2. If a corporation, the name and address of its 2 officers or if a sole proprietorship, a partnership, an 3 unincorporated association or any similar form of 4 business organization, the name and address of the 5 proprietor or of each partner, member, officer, director, 6 trustee or manager; 7 3. In the case of an original license, the 8 established place of business of the licensee; 9 4. In the case of a supplemental license, the 10 established place of business of the licensee and the 11 additional place of business to which such supplemental 12 license pertains; 13 5. The make or makes of new vehicles which the 14 licensee is licensed to sell. 15 (f) The appropriate instrument evidencing the license or 16 a certified copy thereof, provided by the Secretary of State, 17 shall be kept posted conspicuously in the established place 18 of business of the licensee and in each additional place of 19 business, if any, maintained by such licensee. 20 (g) Except as provided in subsection (h) hereof, all new 21 vehicle dealer's licenses granted under this Section shall 22 expire by operation of law on December 31 of the calendar 23 year for which they are granted unless sooner revoked or 24 cancelled under the provisions of Section 5-501 of this 25 Chapter. 26 (h) A new vehicle dealer's license may be renewed upon 27 application and payment of the fee required herein, and 28 submission of proof of coverage under an approved bond under 29 the "Retailers' Occupation Tax Act" or proof that applicant 30 is not subject to such bonding requirements, as in the case 31 of an original license, but in case an application for the 32 renewal of an effective license is made during the month of 33 December, the effective license shall remain in force until 34 the application is granted or denied by the Secretary of HB4975 Enrolled -9- LRB9215737LDtm 1 State. 2 (i) All persons licensed as a new vehicle dealer are 3 required to furnish each purchaser of a motor vehicle: 4 1. In the case of a new vehicle a manufacturer's 5 statement of origin and in the case of a used motor 6 vehicle a certificate of title, in either case properly 7 assigned to the purchaser; 8 2. A statement verified under oath that all 9 identifying numbers on the vehicle agree with those on 10 the certificate of title or manufacturer's statement of 11 origin; 12 3. A bill of sale properly executed on behalf of 13 such person; 14 4. A copy of the Uniform Invoice-transaction 15 reporting return referred to in Section 5-402 hereof; 16 5. In the case of a rebuilt vehicle, a copy of the 17 Disclosure of Rebuilt Vehicle Status; and 18 6. In the case of a vehicle for which the warranty 19 has been reinstated, a copy of the warranty. 20 (j) Except at the time of sale or repossession of the 21 vehicle, no person licensed as a new vehicle dealer may issue 22 any other person a newly created key to a vehicle unless the 23 new vehicle dealer makes a copy of the driver's license or 24 State identification card of the person requesting or 25 obtaining the newly created key. The new vehicle dealer must 26 retain the copy for 30 days. 27 A new vehicle dealer who violates this subsection (j) is 28 guilty of a petty offense. Violation of this subsection (j) 29 is not cause to suspend, revoke, cancel, or deny renewal of 30 the new vehicle dealer's license. 31 This amendatory Act of 1983 shall be applicable to the 32 1984 registration year and thereafter. 33 (Source: P.A. 92-391, eff. 8-16-01.) HB4975 Enrolled -10- LRB9215737LDtm 1 (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102) 2 Sec. 5-102. Used vehicle dealers must be licensed. 3 (a) No person, other than a licensed new vehicle dealer, 4 shall engage in the business of selling or dealing in, on 5 consignment or otherwise, 5 or more used vehicles of any make 6 during the year (except house trailers as authorized by 7 paragraph (j) of this Section and rebuilt salvage vehicles 8 sold by their rebuilders to persons licensed under this 9 Chapter), or act as an intermediary, agent or broker for any 10 licensed dealer or vehicle purchaser (other than as a 11 salesperson) or represent or advertise that he is so engaged 12 or intends to so engage in such business unless licensed to 13 do so by the Secretary of State under the provisions of this 14 Section. 15 (b) An application for a used vehicle dealer's license 16 shall be filed with the Secretary of State, duly verified by 17 oath, in such form as the Secretary of State may by rule or 18 regulation prescribe and shall contain: 19 1. The name and type of business organization 20 established and additional places of business, if any, in 21 this State. 22 2. If the applicant is a corporation, a list of its 23 officers, directors, and shareholders having a ten 24 percent or greater ownership interest in the corporation, 25 setting forth the residence address of each; if the 26 applicant is a sole proprietorship, a partnership, an 27 unincorporated association, a trust, or any similar form 28 of business organization, the names and residence address 29 of the proprietor or of each partner, member, officer, 30 director, trustee or manager. 31 3. A statement that the applicant has been approved 32 for registration under the Retailers' Occupation Tax Act 33 by the Department of Revenue. However, this requirement 34 does not apply to a dealer who is already licensed HB4975 Enrolled -11- LRB9215737LDtm 1 hereunder with the Secretary of State, and who is merely 2 applying for a renewal of his license. As evidence of 3 this fact, the application shall be accompanied by a 4 certification from the Department of Revenue showing that 5 the Department has approved the applicant for 6 registration under the Retailers' Occupation Tax Act. 7 4. A statement that the applicant has complied with 8 the appropriate liability insurance requirement. A 9 Certificate of Insurance in a solvent company authorized 10 to do business in the State of Illinois shall be included 11 with each application covering each location at which he 12 proposes to act as a used vehicle dealer. The policy 13 must provide liability coverage in the minimum amounts of 14 $100,000 for bodily injury to, or death of, any person, 15 $300,000 for bodily injury to, or death of, two or more 16 persons in any one accident, and $50,000 for damage to 17 property. Such policy shall expire not sooner than 18 December 31 of the year for which the license was issued 19 or renewed. The expiration of the insurance policy shall 20 not terminate the liability under the policy arising 21 during the period for which the policy was filed. 22 Trailer and mobile home dealers are exempt from this 23 requirement. 24 If the permitted user has a liability insurance 25 policy that provides automobile liability insurance 26 coverage of at least $100,000 for bodily injury to or the 27 death of any person, $300,000 for bodily injury to or the 28 death of any 2 or more persons in any one accident, and 29 $50,000 for damage to property, then the permitted user's 30 insurer shall be the primary insurer and the dealer's 31 insurer shall be the secondary insurer. If the permitted 32 user does not have a liability insurance policy that 33 provides automobile liability insurance coverage of at 34 least $100,000 for bodily injury to or the death of any HB4975 Enrolled -12- LRB9215737LDtm 1 person, $300,000 for bodily injury to or the death of any 2 2 or more persons in any one accident, and $50,000 for 3 damage to property, or does not have any insurance at 4 all, then the dealer's insurer shall be the primary 5 insurer and the permitted user's insurer shall be the 6 secondary insurer. 7 When a permitted user is "test driving" a used 8 vehicle dealer's automobile, the used vehicle dealer's 9 insurance shall be primary and the permitted user's 10 insurance shall be secondary. 11 As used in this paragraph 4, a "permitted user" is a 12 person who, with the permission of the used vehicle 13 dealer or an employee of the used vehicle dealer, drives 14 a vehicle owned and held for sale or lease by the used 15 vehicle dealer which the person is considering to 16 purchase or lease, in order to evaluate the performance, 17 reliability, or condition of the vehicle. The term 18 "permitted user" also includes a person who, with the 19 permission of the used vehicle dealer, drives a vehicle 20 owned or held for sale or lease by the used vehicle 21 dealer for loaner purposes while the user's vehicle is 22 being repaired or evaluated. 23 As used in this paragraph 4, "test driving" occurs 24 when a permitted user who, with the permission of the 25 used vehicle dealer or an employee of the used vehicle 26 dealer, drives a vehicle owned and held for sale or lease 27 by a used vehicle dealer that the person is considering 28 to purchase or lease, in order to evaluate the 29 performance, reliability, or condition of the vehicle. 30 As used in this paragraph 4, "loaner purposes" means 31 when a person who, with the permission of the used 32 vehicle dealer, drives a vehicle owned or held for sale 33 or lease by the used vehicle dealer while the user's 34 vehicle is being repaired or evaluated. HB4975 Enrolled -13- LRB9215737LDtm 1 5. An application for a used vehicle dealer's 2 license shall be accompanied by the following license 3 fees: 4 $50 for applicant's established place of business, 5 and $25 for each additional place of business, if any, to 6 which the application pertains; however, if the 7 application is made after June 15 of any year, the 8 license fee shall be $25 for applicant's established 9 place of business plus $12.50 for each additional place 10 of business, if any, to which the application pertains. 11 License fees shall be returnable only in the event that 12 the application is denied by the Secretary of State. 13 6. A statement that the applicant's officers, 14 directors, shareholders having a 10% or greater ownership 15 interest therein, proprietor, partner, member, officer, 16 director, trustee, manager or other principals in the 17 business have not committed in the past 3 years any one 18 violation as determined in any civil, criminal or 19 administrative proceedings of any one of the following 20 Acts: 21 (A) The Anti Theft Laws of the Illinois 22 Vehicle Code; 23 (B) The Certificate of Title Laws of the 24 Illinois Vehicle Code; 25 (C) The Offenses against Registration and 26 Certificates of Title Laws of the Illinois Vehicle 27 Code; 28 (D) The Dealers, Transporters, Wreckers and 29 Rebuilders Laws of the Illinois Vehicle Code; 30 (E) Section 21-2 of the Illinois Criminal Code 31 of 1961, Criminal Trespass to Vehicles; or 32 (F) The Retailers' Occupation Tax Act. 33 7. A statement that the applicant's officers, 34 directors, shareholders having a 10% or greater ownership HB4975 Enrolled -14- LRB9215737LDtm 1 interest therein, proprietor, partner, member, officer, 2 director, trustee, manager or other principals in the 3 business have not committed in any calendar year 3 or 4 more violations, as determined in any civil or criminal 5 or administrative proceedings, of any one or more of the 6 following Acts: 7 (A) The Consumer Finance Act; 8 (B) The Consumer Installment Loan Act; 9 (C) The Retail Installment Sales Act; 10 (D) The Motor Vehicle Retail Installment Sales 11 Act; 12 (E) The Interest Act; 13 (F) The Illinois Wage Assignment Act; 14 (G) Part 8 of Article XII of the Code of Civil 15 Procedure; or 16 (H) The Consumer Fraud Act. 17 8. A bond or Certificate of Deposit in the amount 18 of $20,000 for each location at which the applicant 19 intends to act as a used vehicle dealer. The bond shall 20 be for the term of the license, or its renewal, for which 21 application is made, and shall expire not sooner than 22 December 31 of the year for which the license was issued 23 or renewed. The bond shall run to the People of the 24 State of Illinois, with surety by a bonding or insurance 25 company authorized to do business in this State. It 26 shall be conditioned upon the proper transmittal of all 27 title and registration fees and taxes (excluding taxes 28 under the Retailers' Occupation Tax Act) accepted by the 29 applicant as a used vehicle dealer. 30 9. Such other information concerning the business 31 of the applicant as the Secretary of State may by rule or 32 regulation prescribe. 33 10. A statement that the applicant understands 34 Chapter 1 through Chapter 5 of this Code. HB4975 Enrolled -15- LRB9215737LDtm 1 (c) Any change which renders no longer accurate any 2 information contained in any application for a used vehicle 3 dealer's license shall be amended within 30 days after the 4 occurrence of each change on such form as the Secretary of 5 State may prescribe by rule or regulation, accompanied by an 6 amendatory fee of $2. 7 (d) Anything in this Chapter to the contrary 8 notwithstanding, no person shall be licensed as a used 9 vehicle dealer unless such person maintains an established 10 place of business as defined in this Chapter. 11 (e) The Secretary of State shall, within a reasonable 12 time after receipt, examine an application submitted to him 13 under this Section. Unless the Secretary makes a 14 determination that the application submitted to him does not 15 conform to this Section or that grounds exist for a denial of 16 the application under Section 5-501 of this Chapter, he must 17 grant the applicant an original used vehicle dealer's license 18 in writing for his established place of business and a 19 supplemental license in writing for each additional place of 20 business in such form as he may prescribe by rule or 21 regulation which shall include the following: 22 1. The name of the person licensed; 23 2. If a corporation, the name and address of its 24 officers or if a sole proprietorship, a partnership, an 25 unincorporated association or any similar form of 26 business organization, the name and address of the 27 proprietor or of each partner, member, officer, director, 28 trustee or manager; 29 3. In case of an original license, the established 30 place of business of the licensee; 31 4. In the case of a supplemental license, the 32 established place of business of the licensee and the 33 additional place of business to which such supplemental 34 license pertains. HB4975 Enrolled -16- LRB9215737LDtm 1 (f) The appropriate instrument evidencing the license or 2 a certified copy thereof, provided by the Secretary of State 3 shall be kept posted, conspicuously, in the established place 4 of business of the licensee and in each additional place of 5 business, if any, maintained by such licensee. 6 (g) Except as provided in subsection (h) of this 7 Section, all used vehicle dealer's licenses granted under 8 this Section expire by operation of law on December 31 of the 9 calendar year for which they are granted unless sooner 10 revoked or cancelled under Section 5-501 of this Chapter. 11 (h) A used vehicle dealer's license may be renewed upon 12 application and payment of the fee required herein, and 13 submission of proof of coverage by an approved bond under the 14 "Retailers' Occupation Tax Act" or proof that applicant is 15 not subject to such bonding requirements, as in the case of 16 an original license, but in case an application for the 17 renewal of an effective license is made during the month of 18 December, the effective license shall remain in force until 19 the application for renewal is granted or denied by the 20 Secretary of State. 21 (i) All persons licensed as a used vehicle dealer are 22 required to furnish each purchaser of a motor vehicle: 23 1. A certificate of title properly assigned to the 24 purchaser; 25 2. A statement verified under oath that all 26 identifying numbers on the vehicle agree with those on 27 the certificate of title; 28 3. A bill of sale properly executed on behalf of 29 such person; 30 4. A copy of the Uniform Invoice-transaction 31 reporting return referred to in Section 5-402 of this 32 Chapter; 33 5. In the case of a rebuilt vehicle, a copy of the 34 Disclosure of Rebuilt Vehicle Status; and HB4975 Enrolled -17- LRB9215737LDtm 1 6. In the case of a vehicle for which the warranty 2 has been reinstated, a copy of the warranty. 3 (j) A real estate broker holding a valid certificate of 4 registration issued pursuant to "The Real Estate Brokers and 5 Salesmen License Act" may engage in the business of selling 6 or dealing in house trailers not his own without being 7 licensed as a used vehicle dealer under this Section; however 8 such broker shall maintain a record of the transaction 9 including the following: 10 (1) the name and address of the buyer and seller, 11 (2) the date of sale, 12 (3) a description of the mobile home, including the 13 vehicle identification number, make, model, and year, and 14 (4) the Illinois certificate of title number. 15 The foregoing records shall be available for inspection 16 by any officer of the Secretary of State's Office at any 17 reasonable hour. 18 (k) Except at the time of sale or repossession of the 19 vehicle, no person licensed as a used vehicle dealer may 20 issue any other person a newly created key to a vehicle 21 unless the used vehicle dealer makes a copy of the driver's 22 license or State identification card of the person requesting 23 or obtaining the newly created key. The used vehicle dealer 24 must retain the copy for 30 days. 25 A used vehicle dealer who violates this subsection (k) is 26 guilty of a petty offense. Violation of this subsection (k) 27 is not cause to suspend, revoke, cancel, or deny renewal of 28 the used vehicle dealer's license. 29 (Source: P.A. 92-391, eff. 8-16-01.)