Public Act 102-0154
 
SB0573 EnrolledLRB102 16985 RAM 22405 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Illinois Vehicle Code is amended  by 
changing Sections 3-100.1, 3-100.2, 3-104, 3-104.5, 3-112.1, 
3-113, 3-209, 3-403, 3-405.1, 3-506, 3-802, 3-805, 3-806.1, 
3-806.5, 5-100, 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, and 
5-301 and  by adding Sections 1-213.8 and 5-505 as follows:
 
    (625 ILCS 5/1-213.8 new)
    Sec. 1-213.8. Uniform Invoice. A form created by the 
Secretary for the purpose of transporting vehicles and 
essential parts that does not convey or transfer ownership 
rights of a vehicle from one entity to another.
 


    (625 ILCS 5/3-100.1)




    Sec. 3-100.1. Use of electronic records. 

    (a) To the extent authorized by the Secretary of State and 
in accordance
with standards and procedures prescribed by the 
Secretary of State:

        (1) Certificates, certifications, affidavits,

    applications, assignments, statements, notices,

    documents, and other records required under this
Chapter 
    may be created, distributed, and received
in electronic 
    form.

        (2) Signatures required under this Chapter may be made 
    as electronic
signatures or may be waived.

        (3) Delivery of records required under this Chapter 
    may be made by any
means, including electronic delivery.

        (4) Fees and taxes required to be paid under this 
    Chapter may be made
by electronic means; provided that any

    forms, records, electronic records, and methods of 
    electronic payment
relating to the filing and payment of 
    taxes shall be prescribed by the
Department of Revenue.

    (a-5) No later than July 1, 2022 2021, the Secretary of 
State shall implement, manage, and administer an electronic 
lien and title system that will permit a lienholder to 
perfect, assign, and release a lien under this Code. The 
system may include the points in subsection (a) as to the 
identified objectives of the program. The Secretary shall 
establish by administrative rule the standards and procedures 
relating to the management and implementation of the mandatory 
electronic lien and title system established under this 
subsection. The Secretary may charge a reasonable fee for 
performing the services and functions relating to the 
management and administration of the system. The fee shall be 
set by administrative rule adopted by the Secretary.
    (b) Electronic records accepted by the Secretary of State 
have the
same force and effect as records created on paper by 
writing, typing,
printing, or similar means. The procedures 
established by the
Secretary of State concerning the 
acceptance of electronic filings
and electronic records shall 
ensure that the electronic filings and
electronic records are 
received and stored accurately and that they
are readily 
available to satisfy any statutory requirements that call
for 
a written record.

    (c) Electronic signatures accepted by the Secretary of 
State shall have the
same force and effect as manual 
signatures.

    (d) Electronic delivery of records accepted by the 
Secretary of State shall
have the same force and effect as 
physical delivery of records.

    (e) Electronic records and electronic signatures accepted 
by the Secretary
of State shall be admissible in all 
administrative, quasi-judicial,
and judicial proceedings. In 
any such proceeding, nothing in the
application of the rules 
of evidence shall apply so as to deny the
admissibility of an 
electronic record or electronic signature into
evidence on the 
sole ground that it is an electronic record or
electronic 
signature, or on the grounds that it is not in its
original 
form or is not an original. Information in the form of an

electronic record shall be given due evidentiary weight by the 
trier
of fact.

    (f) The Secretary may contract with a private contractor 
to carry out the Secretary's duties under this Section.
(Source: P.A. 101-490, eff. 1-1-20.)

 


    (625 ILCS 5/3-100.2)




    Sec. 3-100.2. Electronic access; agreements with

submitters.
    (a) No later than July 1, 2022 2021, the Secretary of State 
shall require a licensee under Chapter 3 or 5 of this Code to 
submit
any record required to be submitted to the Secretary of 
State by
using electronic media deemed feasible by the 
Secretary of State. The Secretary of State may also require 
the licensee to submit the original paper
record. The 
Secretary of State shall also require a
person or licensee to 
receive any record to be provided by the Secretary of State
by 
using electronic media deemed feasible by the Secretary of 
State,
instead of providing the original paper record.

    (b) No later than July 1, 2022 2021, electronic submittal, 
receipt, and delivery of records and electronic
signatures 
shall be supported by a signed agreement between the Secretary 
of State
and the submitter. The agreement shall require, at a 
minimum, each
record to include all information necessary to 
complete a
transaction, certification by the submitter upon 
its best knowledge as to the
truthfulness of
the data to be

submitted to the Secretary of State, and retention by the 
submitter of
supporting records.

    (c) No later than July 1, 2022 2021, the Secretary of State 
shall  establish  minimum
transaction volume levels, audit and 
security
standards, technological requirements, and other 
terms
and conditions he or she deems necessary for approval of 
the
electronic delivery process.

    (d) When an agreement is made to accept  electronic

records, the Secretary of State shall not be required
to 
produce a written record for
the submitter with whom the 
Secretary of State has
the agreement until requested to do so 
by the submitter.

    (e) No later than July 1, 2022 2021, the Secretary of State 
shall
provide electronic notification to the
lienholder 
submitter to verify the notation and perfection of the 
lienholder's
security interest in a vehicle on the certificate 
of title required to be created as an
electronic record under 
Section 3-100.1. Upon receipt of an electronic message from a 
lienholder
submitter with a security interest in a vehicle for 
which the certificate of
title is an electronic record that 
the lien should be released, the Secretary
of State shall 
enter the appropriate electronic record of the release of lien

and print and mail a paper certificate of title to the owner or 
lienholder at
no expense.  The Secretary of State may also mail 
the certificate to any other
person that delivers to the 
Secretary of State an authorization from the owner
to receive 
the certificate.  If another lienholder holds a properly 
perfected
security interest in the vehicle as reflected in the 
records of the Secretary
of State, the certificate shall be 
delivered to that lienholder instead of the
owner.

    (f) The Secretary may contract with a private contractor 
to carry out the Secretary's duties under this Section.
(Source: P.A. 101-490, eff. 1-1-20.)

 


    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)




    Sec. 3-104. Application for certificate of title. 

    (a) The application for a certificate of title for a 
vehicle in this
State must be made by the owner to the 
Secretary of State on the form
prescribed and must contain:

        1. The name, Illinois residence, mail address, and, if 
    available, email address of the owner;

        2. A description of the vehicle including, so far as 
    the following
data exists: Its make, year-model, 
    identifying number, type of body,
whether new or used, as 
    to house trailers as
defined in Section 1-128 of this 
    Code, and as to manufactured homes as defined in Section 
    1-144.03 of this Code, the square footage based upon the 
    outside dimensions excluding
the length of the tongue and 
    hitch, and, as to vehicles of the
second division, whether 
    for-hire, not-for-hire, or both for-hire and
not-for-hire;

        3. The date of purchase by applicant and, if 
    applicable, the name and
address of the person from whom 
    the vehicle was acquired and the names and
addresses of 
    any lienholders in the order of their priority and 
    signatures of
owners;

        4. The current odometer reading at the time of 
    transfer and that the
stated odometer reading is one of 
    the following: actual mileage, not
the actual mileage or 
    mileage is in excess of its mechanical limits; and

        5. Any further information the Secretary of State 
    reasonably
requires to identify the vehicle and to enable 
    him to determine whether
the owner is entitled to a 
    certificate of title and the existence or
nonexistence of 
    security interests in the vehicle.
    (a-5) The Secretary of State shall designate on the 
prescribed application form a space where the owner of a 
vehicle may designate a beneficiary, to whom ownership of the 
vehicle shall pass in the event of the owner's death.


    (b) If the application refers to a vehicle purchased from 
a dealer,
it must also be signed by the dealer as well as the 
owner, and the dealer must
promptly mail or deliver the 
application and required documents to the
Secretary of State.

    (c) If the application refers to a vehicle last previously

registered in another State or country, the application must 
contain or
be accompanied by:

        1. Any certified document of ownership so recognized 
    and issued by
the other State or country and acceptable to 
    the Secretary of State, and

        2. Any other information and documents the Secretary 
    of State
reasonably requires to establish the ownership of 
    the vehicle and the
existence or nonexistence of security 
    interests in it.

    (d) If the application refers to a new vehicle it must be

accompanied by the Manufacturer's Statement of Origin, or 
other documents
as required and acceptable by the Secretary of 
State, with such
assignments as may be necessary to show title 
in the applicant.

    (e) If an application refers to a vehicle rebuilt from a 
vehicle
previously salvaged, that application shall comply 
with the provisions
set forth in Sections 3-302 through 3-304 
of this Code.

    (f) An application for a certificate of title for any 
vehicle,
whether purchased in Illinois or outside Illinois, 
and even if
previously registered in another State, must be 
accompanied by either an
exemption determination from the 
Department of Revenue showing that no
tax imposed pursuant to 
the Use Tax Act or the vehicle use tax imposed by
Section 
3-1001 of the Illinois Vehicle Code is owed by anyone with 
respect to
that vehicle, or a receipt from the Department of 
Revenue showing that any tax
so imposed has been paid.  An 
application for a certificate of title for any
vehicle 
purchased outside Illinois, even if previously registered in 
another
state, must be accompanied by either an exemption 
determination from the
Department of Revenue showing that no 
tax imposed pursuant to the Municipal Use
Tax Act or the County 
Use Tax Act is owed by anyone with respect to that
vehicle, or 
a receipt from the Department of Revenue showing that any tax 
so
imposed has been paid.  In the absence of such a receipt for 
payment or
determination of exemption from the Department, no 
certificate of title shall
be issued to the applicant.

    If the proof of payment of the tax or of nonliability 
therefor is,
after the issuance of the certificate of title 
and display certificate
of title, found to be invalid, the 
Secretary of State shall revoke the
certificate and require 
that the certificate of title and, when
applicable, the 
display certificate of title be returned to him.

    (g) If the application refers to a vehicle not 
manufactured in
accordance with federal safety and emission 
standards, the application must
be accompanied by all 
documents required by federal governmental
agencies to meet 
their standards before a vehicle is allowed to be issued
title 
and registration.

    (h) If the application refers to a vehicle sold at public 
sale by a
sheriff, it must be accompanied by the required fee 
and a bill of sale
issued and signed by a sheriff.  The bill of 
sale must identify the new
owner's name and address, the year 
model, make and vehicle identification
number of the vehicle, 
court order document number authorizing such sale,
if 
applicable, and the name and address of any lienholders in 
order of
priority, if applicable.

    (i) If the application refers to a vehicle for which a 
court of law
determined the ownership, it must be accompanied 
with a certified copy of
such court order and the required fee.  
The court order must indicate the
new owner's name and 
address, the complete description of the vehicle, if
known, 
the name and address of the lienholder, if any, and must be 
signed
and dated by the judge issuing such order.

    (j) If the application refers to a vehicle sold at public 
auction pursuant
to the Labor and Storage Lien (Small Amount) 
Act, it must be
accompanied by an affidavit or affirmation 
furnished by the Secretary of
State along with the
documents 
described in the affidavit or affirmation and the required 
fee.

    (k) The Secretary may provide an expedited process for the 
issuance of vehicle titles.  Expedited title applications must 
be delivered to the Secretary of State's Vehicle Services 
Department in Springfield by express mail service or hand 
delivery.  Applications must be complete, including necessary 
forms, fees, and taxes.  Applications received before noon on a 
business day will be processed and shipped that same day.  
Applications received after noon on a business day will be 
processed and shipped the next business day.  The Secretary 
shall charge an additional fee of $30 for this service, and 
that fee shall cover the cost of return shipping via an express 
mail service.  All fees collected by the Secretary of State for 
expedited services shall be deposited into the Motor Vehicle 
License Plate Fund. In the event the Vehicle Services 
Department determines that the volume of expedited title 
requests received on a given day exceeds the ability of the 
Vehicle Services Department to process those requests in an 
expedited manner, the Vehicle Services Department may decline 
to provide expedited services, and the additional fee for the 
expedited service shall be refunded to the applicant. 
    (l) If the application refers to a homemade trailer, (i) 
it must be accompanied by the appropriate documentation 
regarding the source of materials used in the construction of 
the trailer, as required by the Secretary of State, (ii) the 
trailer must be inspected by a Secretary of State employee 
prior to the issuance of the title, and (iii) upon approval of 
the Secretary of State, the trailer must have a vehicle 
identification number, as provided by the Secretary of State, 
stamped or riveted to the frame.
    (m) The holder of a Manufacturer's Statement of Origin to 
a manufactured home may deliver it to any person to facilitate 
conveying or encumbering the manufactured home.  Any person 
receiving any such Manufacturer's Statement of Origin so 
delivered holds it in trust for the person delivering it. 
    (n) Within 45 days after the completion of the first 
retail sale of a manufactured home, the Manufacturer's 
Statement of Origin to that manufactured home must be 
surrendered to the Secretary of State either in conjunction 
with an application for a certificate of title for that 
manufactured home or in accordance with Section 3-116.1. 
    (o)   Each application for certificate of title for a motor 
vehicle shall be verified by the National Motor Vehicle Title 
Information System (NMVTIS) for a vehicle history report prior 
to the Secretary issuing a certificate of title. 
    (p) The Secretary, at the Secretary's discretion, may use 
any commercially available title history service to assist in 
determining the proper title designation of a motor vehicle 
before the issuance of a certificate of title. 
(Source: P.A. 99-414, eff. 8-20-15; 100-145, eff. 1-1-18.)

 
    (625 ILCS 5/3-104.5)
    Sec. 3-104.5. Application NMVTIS warnings or errors.
    (a)   Each application for a certificate of title or a 
salvage certificate for a motor vehicle that is verified by 
the National Motor Vehicle Title Information System (NMVTIS) 
that is returned with a warning or error shall be reviewed by 
the Secretary of State, or his or her designees, as to whether 
the warning or error warrants a change to the type of title or 
brand that is issued to a motor vehicle. If the Secretary needs 
supplemental information to verify or corroborate the 
information received from a NMVTIS report, then the Secretary 
may use any available commercial title history services or 
other Secretary of State resources to assist in determining 
the vehicle's proper designation.
    (b)   Any motor vehicle application for a certificate of 
title or a salvage certificate that another state has 
previously issued a title or brand indicating that the status 
of the motor vehicle is equivalent to a junk vehicle, as 
defined in Section 1-134.1 of this Code, shall receive a title 
with a "prior out of state junk" brand if that history item was 
issued 120 months or more before the date of the submission of 
the current application for title.
    (c)   Any motor vehicle application for a certificate of 
title or a salvage certificate that is returned with a NMVTIS 
warning or error indicating that another state has previously 
issued a title or brand indicating the status of the motor 
vehicle is equivalent to a junk vehicle, as defined in Section 
1-134.1 of this Code, shall be issued a junk certificate that 
reflects the motor vehicle's structural history, if the 
previously issued title or brand from another state was issued 
less than 120 months before the date of the submission of the 
current application for title.
    (d)   Any motor vehicle application for a certificate of 
title or a salvage certificate that is returned with a NMVTIS 
warning or error indicating a brand or label from another 
jurisdiction, that does not have a similar or comparable brand 
or label in this State, shall include a notation or brand on 
the certificate of title stating "previously branded".
    (e)   Any motor vehicle that is subject to the federal Truth 
in Mileage Act, and is returned with a NMVTIS warning or error 
indicating the stated mileage of the vehicle on the 
application for certificate of title is 1,500 or fewer miles 
less than a previously recorded mileage for the vehicle, shall 
be deemed as having an acceptable margin of error and the 
higher of the 2 figures shall be indicated on the new 
certificate of title, if the previous mileage was recorded 
within 90 days of the date of the current application for title 
and if there are no indications of fraud or malfeasance, or of 
altering or tampering with the odometer.
    (f)   Any applicant for a certificate of title or a salvage 
certificate who receives an alternative salvage or junk 
certificate, or who receives a certificate of title with a 
brand or label indicating the vehicle was previously rebuilt 
prior out of state junk, previously branded, or flood, may 
contest the Secretary's designations by requesting an 
administrative hearing under Section 2-116 of this Code.
    (g)   The Secretary may adopt any rules necessary to 
implement this Section.

    (h) The Secretary, in the Secretary's discretion, may use 
any commercially available title history service to assist in 
determining the proper title designation of a motor vehicle 
before the issuance of a certificate of title. 
(Source: P.A. 99-414, eff. 8-20-15.)
 



    (625 ILCS 5/3-112.1)  (from Ch. 95 1/2, par. 3-112.1)



    Sec. 3-112.1. Odometer. 

    (a) All titles issued by the Secretary of State
beginning 
January, 1990, shall provide for an odometer
certification 
substantially as follows:

    "I certify to the best of my knowledge that the odometer 
reading is and
reflects the actual mileage of the vehicle 
unless one of the following
statements is checked.

...................


    (  )  1. The mileage stated is in excess of its mechanical 
limits.

    (  )  2. The odometer reading is not the actual mileage.

Warning - Odometer Discrepancy."

    (b) When executing any transfer of title which contains 
the odometer
certification as described in paragraph (a) 
above, each transferor of a motor
vehicle must supply on the 
title form the following information:


        (1) The odometer reading at the time of transfer and 
    an indication if
the mileage is in excess of its 
    mechanical limits or if it is not the
actual mileage;


        (2) The date of transfer;


        (3) The transferor's printed name and signature; and


        (4) The transferee's printed name and address.

    (c) The transferee must sign on the title form indicating 
that he or
she is aware of the odometer certification made by 
the transferor.

    (d) The transferor will not be required to disclose the

current odometer reading and the transferee will not have to 
acknowledge
such disclosure under the following circumstances:


        (1) A vehicle having a Gross Vehicle Weight Rating of 
    more than 16,000
pounds;


        (2) A vehicle that is not self-propelled;


        (3) A vehicle that: is
            (A) before  January 1, 2031, is model year 2010 or 
        older; or
            (B) after January 1, 2031, is 20 10 years old or 
        older;


        (4) A vehicle sold directly by the manufacturer to any 
    agency of the
United States; and


        (5) A vehicle manufactured without an odometer.

    (e) When the transferor signs the title transfer such 
transferor
acknowledges that he or she is aware that Federal 
regulations and State law
require him or her to state the 
odometer mileage upon transfer of ownership.
An inaccurate or 
untruthful statement with intent to defraud subjects the

transferor to liability for damages to the transferee pursuant 
to the federal
Motor Vehicle Information and Cost Act of 1972, 
P.L. 92-513 as amended by P.L.
94-364.  No transferor shall be 
liable for damages as provided under this
Section who 
transfers title to a motor vehicle which has an odometer 
reading
that has been altered or tampered with by a previous 
owner, unless that
transferor knew or had reason to know of 
such alteration or tampering and sold
such vehicle with an 
intent to defraud.  A cause of action is hereby created by
which 
any person who, with intent to defraud, violates any 
requirement imposed
under this Section shall be liable in an 
amount equal to the sum of:


        (1) three times the amount of actual damages sustained 
    or $1,500,
whichever is the greater; and


        (2) in the case of any successful action to enforce 
    the foregoing
liability, the costs of the action together 
    with reasonable attorney fees as
determined by the court.

    Any recovery based on a cause of action under this Section 
shall be offset
by any recovery made pursuant to the federal 
Motor Vehicle Information and
Cost Savings Act of 1972.

    (f) The provisions of this Section shall not apply to any 
motorcycle,
motor driven cycle, moped, antique vehicle, or 
expanded-use antique vehicle.

    (g) The Secretary of State may adopt rules and regulations 
providing
for a transition period for all non-conforming 
titles.

(Source: P.A. 97-412, eff. 1-1-12.)

 
    (625 ILCS 5/3-113)  (from Ch. 95 1/2, par. 3-113)
    Sec. 3-113. Transfer to or from dealer; records.

    (a) After a dealer buys a vehicle and holds it for resale, 
the
dealer must procure the
certificate of title from the 
owner or the lienholder.  The dealer may hold
the certificate 
until he or she transfers the vehicle to another person.

Upon 
transferring the vehicle to another person,
the dealer shall 
promptly and within 20
days
execute the assignment and 
warranty of title by a dealer, showing the names and
addresses 
of the transferee and of any lienholder holding a security 
interest
created or reserved at the time of the resale, in the 
spaces provided therefor
on the certificate or as the 
Secretary of State prescribes, and mail or deliver
the 
certificate to the Secretary of State with the transferee's 
application for
a new certificate, except as provided in 
Section 3-117.2.
A dealer has complied with this Section if 
the date of the mailing of the certificate, as indicated by the 
postmark, is within 20 days of the date on which the vehicle 
was transferred to another person.


    (b) The Secretary of State may decline to process any 
application for a
transfer of an interest in a vehicle if any 
fees or taxes due under this
Code from the transferor or the 
transferee have not been paid upon
reasonable notice and 
demand.


    (c) Any person who violates this Section shall be guilty 
of a petty offense.


    (d) Beginning January 1, 2014, the Secretary of State is 
authorized to impose a delinquent vehicle dealer transfer fee 
of $20 if the certificate of title is received by the Secretary 
from the dealer 30 days but less than 60 days after the date of 
sale.  If the certificate of title is received by the Secretary 
from the dealer 60 days but less than 90 days after the date of 
sale, the delinquent dealer transfer fee shall be $35. If the 
certificate of title is received by the Secretary from the 
dealer 90 days but less than 120 days after the date of sale, 
the delinquent vehicle dealer transfer fee shall be $65. If 
the certificate of title is received by the Secretary from the 
dealer 120 days or more after the date of the sale, the 
delinquent vehicle dealer transfer fee shall be $100. All 
monies collected under this subsection shall be deposited into 
the CDLIS/AAMVAnet/NMVTIS Trust Fund. 
    (e) Beginning January 1, 2022, the Secretary of State is 
authorized to issue a certificate of title in the name of the 
dealership to a licensed dealer under Chapter 5 for $20 if the 
surrendered certificate of title has no space to assign the 
certificate of title again. 
    (f) Any licensee under Chapter 5 who sells, transfers, or 
wholesales a vehicle out of State shall mail the certificate 
of title to the physical business address in the requisite 
jurisdiction in lieu of transferring title at the time of 
sale. 
(Source: P.A. 98-177, eff. 1-1-14.)

 



    (625 ILCS 5/3-209)  (from Ch. 95 1/2, par. 3-209)



    Sec. 3-209. Powers of Secretary of State. 

    (a) The Secretary of State shall prescribe and provide 
suitable forms of
applications, certificates of title, notices 
of security interests, and all
other notices and forms 
necessary to carry out the provisions of this
chapter.

    (b) The Secretary of State may:

    1.  Make necessary investigations to procure information 
required to
carry out the provisions of this Act. ;

    2.  Assign a new identifying number to a vehicle if it has 
none, or its
identifying number is destroyed or obliterated, 
or its motor is changed,
and shall either issue a new 
certificate of title showing the new
identifying number or 
make an appropriate endorsement on the original
certificate.

    3. Remove a franchise affiliate's lien so that the 
franchise affiliate may pursue the balance of the lien with 
the defunct dealership instead of the constituent. This item 
applies if a franchise dealer neglects to pay off a trade-in 
vehicle's lien, and that lien is held by the franchise 
affiliate. The Secretary shall make this determination 
pursuant to an investigation by the Secretary of State 
Department of Police. 
(Source: P.A. 76-1586.)

 



    (625 ILCS 5/3-403)  (from Ch. 95 1/2, par. 3-403)



    Sec. 3-403. Trip and Short-term permits. 

    (a) The Secretary of State may issue a short-term permit 
to operate a
nonregistered first or second division vehicle 
within the State of Illinois
for a period of not more than 7 
days. Any second division vehicle
operating
on such permit may 
operate only on empty weight.  The fee for the
short-term 
permit shall be $6 for permits purchased on
or before June 30, 
2003
and $10 for permits purchased on or after July 1, 2003.  
For short-term
permits purchased on or after July 1, 2003, $4 
of the fee collected for the
purchase of each permit shall be 
deposited into the General Revenue Fund.

    This permit may also be issued to operate an unladen 
registered vehicle
which is suspended under the Vehicle 
Emissions Inspection Law and allow it
to be driven on the roads 
and highways of the State in order to be repaired
or when 
traveling travelling to and from an emissions inspection 
station.

    (b) The Secretary of State may, subject to reciprocal 
agreements,
arrangements or declarations made or entered into 
pursuant to Section
3-402, 3-402.4 or by rule, provide for and 
issue registration permits for
the use of Illinois highways by 
vehicles of the second division on an
occasional basis or for a 
specific and special short-term use, in
compliance with rules 
and regulations promulgated by the Secretary of
State, and 
upon payment of the prescribed fee as follows:

    One-trip permits.  A registration permit for one trip, or 
one round-trip
into and out of Illinois, for a period not to 
exceed 72 consecutive hours
or 3 calendar days may be 
provided, for a fee as prescribed in Section 3-811.

    Three-month One-Month permits.  A registration permit for 
90 30 days may be provided for
a fee of $13 for registration 
plus 1/10 of the flat weight tax.
The minimum fee for such 
permit shall be $31.

    In-transit permits.  A registration permit for one trip may 
be provided
for vehicles in transit by the driveaway or 
towaway method and operated
by a transporter in compliance 
with the Illinois Motor Carrier of Property
Law, for a fee as 
prescribed in Section 3-811.

    Illinois Temporary Apportionment Authorization Permits.  An 
apportionment
authorization permit for forty-five days for the 
immediate operation of
a vehicle upon application for and 
prior to receiving apportioned credentials
or interstate 
credentials from the State of Illinois.  The fee for
such 
permit shall be $3.

    Illinois Temporary Prorate Authorization Permit.  A prorate 
authorization
permit for forty-five days for the immediate 
operation of a vehicle upon
application for and prior to 
receiving prorate credentials or interstate
credentials from 
the State of Illinois.  The fee for such permit shall be
$3.

    (c) The Secretary of State shall promulgate by such rule 
or regulation,
schedules of fees and taxes for such permits 
and in computing the amount
or amounts due, may round off such 
amount to the nearest full dollar amount.

    (d) The Secretary of State shall further prescribe the 
form of application
and permit and may require such 
information and data as necessary and proper,
including 
confirming the status or identity of the applicant and the 
vehicle
in question.

    (e) Rules or regulations promulgated by the Secretary of 
State under this
Section shall provide for reasonable and 
proper limitations and restrictions
governing the application 
for and issuance and use of permits, and shall
provide for the 
number of permits per vehicle or per applicant, so as to

preclude evasion of annual registration requirements as may be 
required by
this Act.

    (f) Any permit under this Section is subject to suspension 
or revocation
under this Act, and in addition, any such permit 
is subject to suspension
or revocation should the Secretary of 
State determine that the vehicle
identified in any permit 
should be properly registered in Illinois.  In the
event any 
such permit is suspended or revoked, the permit is then null 
and
void, may not be re-instated, nor is a refund therefor 
available.  The
vehicle identified in such permit may not 
thereafter be operated in
Illinois without being properly 
registered as provided in this Chapter.

(Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)

 


    (625 ILCS 5/3-405.1)  (from Ch. 95 1/2, par. 3-405.1)




    Sec. 3-405.1. Application for vanity and personalized 
license plates. 

    (a) Vanity license plates mean any license plates, 
assigned to a passenger
motor vehicle of the first division, 
to a motor vehicle of the second
division registered at not 
more than 8,000 pounds, to a trailer weighing 8,000 pounds or 
less paying the flat weight tax, to a funeral home vehicle, an 
electric vehicle, or to a recreational
vehicle, which display 
a registration number containing 1 to 7 letters and no
numbers 
or 1, 2, or 3 numbers and no letters as requested by the owner 
of the
vehicle and license plates issued to retired members of 
Congress under Section
3-610.1 or to retired members of the 
General Assembly as provided in Section
3-606.1. Personalized 
license plates mean any license plates, assigned to a

passenger motor vehicle of the first division, to a motor 
vehicle of the second
division registered at not more than 
8,000 pounds, to a trailer weighing 8,000 pounds or less  
paying the flat weight tax, to a funeral home vehicle, an 
electric vehicle, or to a recreational
vehicle, which display 
a registration number containing one of the following

combinations of letters and numbers, as requested by the owner 
of the vehicle:

 
    Standard Passenger Plates

    First Division Vehicles

 
    1 letter plus 0-99

    2 letters plus 0-99

    3 letters plus 0-99

    4 letters plus 0-99

    5 letters plus 0-99

    6 letters plus 0-9

 
    Second Division Vehicles

    8,000 pounds or less, Trailers

    8,000
 pounds or less paying the flat
    weight tax, and Recreation Vehicles

 
    0-999 plus 1 letter

    0-999 plus 2 letters

    0-999 plus 3 letters

    0-99 plus 4 letters

    0-9 plus 5 letters

    (b) For any registration period commencing after December 
31, 2003, any
person who is the registered owner of a passenger 
motor vehicle of the first
division, of a motor vehicle of the 
second division registered at not
more than 8,000 pounds, of a 
trailer weighing 8,000 pounds or less  paying the flat weight 
tax, of a funeral home vehicle, of an electric vehicle, or of a 
recreational vehicle registered with the
Secretary of State or 
who makes application for an original registration of
such a 
motor vehicle or renewal registration of such a motor vehicle 
may,
upon payment of a fee prescribed in Section 3-806.1 or 
Section 3-806.5,
apply to the Secretary of State for vanity or 
personalized license plates. 

    (c) Except as otherwise provided in this Chapter 3, vanity 
and personalized
license plates as issued under this Section 
shall be the same color and design
as other passenger vehicle 
license plates or electric vehicle license plates and shall 
not in any manner conflict
with any other existing passenger, 
commercial, trailer, motorcycle, or special
license plate 
series.  However, special registration plates issued under

Sections 3-611 and 3-616 for vehicles operated by or for 
persons with
disabilities may also be vanity or personalized 
license plates.

    (d) Vanity and personalized license plates shall be issued 
only to the
registered owner of the vehicle on which they are 
to be displayed, except
as provided in Sections 3-611 and 
3-616 for special registration plates
for vehicles operated by 
or for persons with
disabilities.

    (e) An applicant for the issuance of vanity or 
personalized license
plates or subsequent renewal thereof 
shall file an application in such form
and manner and by such 
date as the Secretary of State may, in his discretion,

require.

    No vanity nor personalized license plates shall be 
approved, manufactured, or
distributed that contain any 
characters, symbols other than the international
accessibility 
symbol for vehicles operated by or for
persons with 
disabilities, foreign words, or letters of punctuation.

    (f) Vanity and personalized license plates as issued 
pursuant to this
Act may be subject to the Staggered 
Registration System as prescribed by
the Secretary of State.

    (g) For purposes of this Section, "funeral home vehicle" 
means any motor vehicle of the first division or motor vehicle 
of the second division weighing 8,000 pounds or less that is 
owned or leased by a funeral home. 
    (h) As used in this Section, "electric vehicle" means any 
vehicle that is required to be registered under Section 3-805. 
(Source: P.A. 100-956, eff. 1-1-19.)

 
    (625 ILCS 5/3-506)
    Sec. 3-506. Transfer of plates to spouses of military 
service members. Upon the death of a military service member 
who has been issued a special plate under Section 3-609.1, 
3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 
3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669, 
3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 
3-699.12, 3-699.15, 3-699.16, or 3-699.17, 3-699.19, or  
3-699.20 of this Code, the surviving spouse of that service 
member may retain the plate so long as that spouse is a 
resident of Illinois and transfers the registration to his or 
her name within 180 days of the death of the service member.
    For the purposes of this Section, "service member" means 
any individual who is serving or has served in any branch of 
the United States Armed Forces, including the National Guard 
or other reserve components of the Armed Forces, and has been 
issued a special plate listed in this Section.

(Source: P.A. 100-201, eff. 8-18-17; 101-51, eff. 7-12-19.)
 


    (625 ILCS 5/3-802)  (from Ch. 95 1/2, par. 3-802)




    Sec. 3-802. Reclassifications and upgrades. 

    (a) Definitions.  For the purposes of this Section, the 
following words
shall have the meanings ascribed to them as 
follows:

        "Reclassification" means changing the registration of 
    a vehicle from one
plate category to another.

        "Upgrade" means increasing the registered weight of a 
    vehicle within the
same plate category.

    (b) When reclassing the registration of a vehicle from one 
plate category
to another, the owner shall receive credit for 
the unused portion of the
present
plate and be charged the 
current portion fees for the new plate.  In addition,
the 
appropriate replacement plate and replacement sticker fees 
shall be
assessed.

    (b-5)   Beginning with the 2019 registration year, any 
individual who has a registration issued under either Section 
3-405 or 3-405.1 that qualifies for a special license plate 
under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 
3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 
3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.15, 
3-699.16, 3-699.17, 3-699.19, or  3-699.20 or 3-699.17 may 
reclass his or her registration upon acquiring a special 
license plate listed in this subsection (b-5) without a 
replacement plate or digital plate fee or registration sticker 
or digital registration sticker cost. 
    (b-10) Beginning with the 2019 registration year, any 
individual who has a special license plate issued under 
Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 
3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 
3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 
3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 may 
reclass his or her special license plate upon acquiring a new 
registration under Section 3-405 or 3-405.1 without a 
replacement plate or digital plate fee or registration sticker 
or digital registration sticker cost. 
    (c) When upgrading the weight of a registration within the 
same plate
category, the owner shall pay the difference in 
current period fees between the 2
two plates.  In addition, the 
appropriate replacement plate and replacement
sticker fees 
shall be assessed.  In the event new plates are not required, 
the
corrected registration card fee shall be assessed.

    (d) In the event the owner of the vehicle desires to change 
the registered
weight and change the plate category, the owner 
shall receive credit for the
unused portion of the 
registration fee of the current plate and pay the current

portion of the registration fee for the new plate, and in 
addition, pay the
appropriate replacement plate
and 
replacement sticker fees.

    (e) Reclassing from one plate category to another plate 
category can be done
only once within any registration period.

    (f) No refunds shall be made in any of the circumstances 
found in subsection
(b), subsection (c), or subsection (d); 
however, when reclassing from a flat
weight plate to an 
apportioned plate, a refund may be issued if the credit 
amounts to an overpayment.

    (g) In the event the registration of a vehicle registered 
under the mileage
tax option is revoked, the owner shall be 
required to pay the annual
registration fee in the new plate 
category and shall not receive any credit for
the mileage 
plate fees.

    (h) Certain special interest plates may be displayed on 
first division
vehicles, second division vehicles weighing 
8,000 pounds or less, and
recreational
vehicles.  Those plates 
can be transferred within those vehicle groups.

    (i) Plates displayed on second division vehicles weighing 
8,000 pounds or
less and passenger vehicle plates may be 
reclassed from one division to the
other.

    (j) Other than in subsection (i), reclassing from one 
division to the
other division is prohibited.  In addition, a 
reclass from a motor vehicle to a
trailer or a trailer to a 
motor vehicle is prohibited.

(Source: P.A. 100-246, eff. 1-1-18; 100-450, eff. 1-1-18; 
100-863, eff. 8-14-18; 101-51, eff. 7-12-19; 101-395, eff. 
8-16-19; revised 9-24-19.)

 



    (625 ILCS 5/3-805)  (from Ch. 95 1/2, par. 3-805)



    Sec. 3-805. Electric vehicles. 
    (a) The Until January 1, 2020, the owner of a motor vehicle 
of the first division or a motor vehicle of the second division 
weighing 8,000 pounds or less propelled by an
electric engine 
and not utilizing motor fuel, may register such vehicle for
a 
fee not to exceed $35 for a 2-year registration period.
The 
Secretary may, in his discretion, prescribe that electric 
vehicle
registration plates be issued for an indefinite term, 
such term to correspond
to the term of registration plates 
issued generally, as provided in Section
3-414.1.  In no event 
may the registration fee for electric vehicles exceed
$18 per 
registration year. Beginning on January 1, 2020, the 
registration fee for these vehicles shall be equal to the fee 
set forth in Section 3-806 for motor vehicles of the first 
division, other than Autocycles, Motorcycles, Motor Driven 
Cycles, and Pedalcycles.  In addition to the registration fees, 
the Secretary shall assess an additional $100 per year in lieu 
of the payment of motor fuel taxes. $1 of the additional fees 
shall be deposited into the Secretary of State Special 
Services Fund and the remainder of the additional fees shall 
be deposited into the Road Fund.
    (b) Beginning with the 2023 registration year, upon the 
request of the vehicle owner, an electric vehicle owner may 
register an electric vehicle with any qualifying registration 
issued under this Chapter, and an additional $100 surcharge 
shall be collected in addition to the applicable registration 
fee. The $100 additional fee is to identify the vehicle as an 
electric vehicle. The $100 additional fee is an annual, flat 
fee that shall be based on an applicant's new or existing 
registration year for the vehicle's corresponding weight 
category. A designation as an electric vehicle under this 
subsection shall not alter a vehicle's registration. Of the 
additional fees, $1 shall be deposited into the Secretary of 
State Special Services Fund, and the remainder of the 
additional fees shall be deposited into the Road Fund.  The 
Secretary shall adopt any rules necessary to implement this 
subsection (b). 

(Source: P.A. 101-32, eff. 6-28-19.)

 


    (625 ILCS 5/3-806.1)  (from Ch. 95 1/2, par. 3-806.1)




    Sec. 3-806.1. Additional fees for vanity license plates. 
In addition to
the regular registration fee or electric 
vehicle registration fee, an applicant for a vanity license 
plate, other than a vanity plate in any military series   or a 
vanity plate issued under Section 3-664, shall be charged $94

for each set of vanity license plates issued to a vehicle of 
the first
division or a vehicle of the second division 
registered at not more than
8,000 pounds or to a recreational 
vehicle and $50 for each set of
vanity plates issued to an 
autocycle or motorcycle.  In addition to the regular renewal 
fee or electric vehicle registration renewal fee,
an applicant 
for a vanity plate, other than a vanity plate in any military 
series   or a vanity plate issued under Section 3-664, shall be 
charged $13 for the renewal of each set of
vanity license 
plates. There shall be no additional fees for a vanity license 
plate in any military series of plates   or a vanity plate issued 
under Section 3-664.


(Source: P.A. 98-777, eff. 1-1-15.)

 


    (625 ILCS 5/3-806.5)




    Sec. 3-806.5. Additional fees for personalized license 
plates. For
registration periods commencing after December 31, 
2003, in addition to the
regular registration fee or electric 
vehicle registration fee, an applicant for a personalized 
license plate, other than a personalized plate in any military 
series   or a personalized  plate issued under Section 3-664, 
shall be charged $47 for each set of
personalized license 
plates issued to a vehicle of the first division or
a vehicle 
of the second division registered at not more than 8,000 
pounds
or to a recreational vehicle and $25 for each set of 
personalized plates issued
to an autocycle or motorcycle.  In 
addition to the regular renewal fee or electric vehicle 
registration renewal fee, an applicant for a personalized 
plate other than a personalized plate in any military series   
or a personalized  plate issued under Section 3-664, shall be

charged $7 for the renewal of each set of personalized license 
plates. There shall be no additional fees charged for a 
personalized plate in any military series of plates   or a 
personalized  plate issued under Section 3-664.  Of the
money 
received by the Secretary of State as additional fees for 
personalized
license plates, 50% shall be deposited into the 
Secretary of State Special
License Plate Fund and 50% shall be 
deposited into the General Revenue Fund.

(Source: P.A. 98-777, eff. 1-1-15.)

 



    (625 ILCS 5/5-100)  (from Ch. 95 1/2, par. 5-100)



    Sec. 5-100. Definitions. For the purposes of this Chapter, 
the following
words shall have the meanings ascribed to them 
as follows:

    "Additional place of business" means a place owned or 
leased and occupied
by the dealer in addition to its 
established place of business, at which the
dealer conducts or 
intends to conduct business on a permanent or long term
basis.  
The term does not include an area where an off site sale or 
exhibition
is conducted.  The Secretary of State shall adopt 
guidelines for the
administration and enforcement of this 
definition by rule.

    "Display exhibition" means a temporary display of vehicles 
by a dealer
licensed under Section 5-101 or 5-102, at a 
location at which no vehicles are
offered for sale, that is 
conducted at a place other than the dealer's
established and 
additional places of business.

    "Established place of business" means the place owned or 
leased and occupied
by any person duly licensed or required to 
be licensed as a dealer for the
purpose of engaging in selling, 
buying, bartering, displaying, exchanging or
dealing in, on 
consignment or otherwise, vehicles and their essential parts

and for such other ancillary purposes as may be permitted by 
the Secretary
by rule.  It shall include an office in which the 
dealer's records shall be
separate and distinct from any other 
business or tenant which may occupy
space in the same building 
except as provided in Section 5-101.1.  This
office shall not 
be located in a house
trailer, residence, tent, temporary 
stand, temporary address, room or rooms
in a hotel or rooming 
house, nor the premises occupied by a single or
multiple unit 
residence. "Established place of business" only includes a 
place with an outdoor lot capable of parking at least 5 
vehicles or an indoor lot with space for a minimum of one 
vehicle to be parked in its indoor showroom.  The established 
place of business of a scrap
processor shall be the fixed 
location where the scrap processor maintains
its principal 
place of business.  The Secretary of State shall, by rule and

regulation, adopt guidelines for the administration and 
enforcement of this
definition, such as, but not limited to 
issues concerning the required
hours of operation, describing 
where vehicles are displayed and offered for
sale, where books 
and records are maintained and requirements for the

fulfillment of warranties.  A dealer may have an additional 
place of business
as defined under this Section.

    "Motor vehicle financing affiliate" means a business 
organization
registered to
do
business in Illinois that, 
pursuant to a written contract with either (1) a
single new or 
used
motor vehicle dealer or (2) a single group of new or used 
motor vehicle dealers
that share
a common ownership within the 
group, purchases new or used motor vehicles on
behalf
of the 
dealer or group of dealers and then sells, transfers, or 
assigns those
motor vehicles
to the dealer or group of 
dealers.  The motor vehicle financing affiliate must
be

incorporated or organized solely to purchase new or used 
vehicles on behalf of
the new or
used motor vehicle dealer or 
group of dealers with which it has contracted,
shall not sell

motor vehicles at retail, shall perform only those business 
functions related
to the
purchasing of motor vehicles and 
selling, transferring, or assigning those
motor vehicles
to 
the dealer or group of dealers.  The motor vehicle financing 
affiliate must
be licensed
under the provisions of Section 
5-101.1 and must not be licensed as a new or
used motor
vehicle 
dealer.

    "Off site sale" means the temporary display and sale of 
vehicles, for a
period of not more than 7 calendar days 
(excluding Sundays), by a dealer
licensed under Section 5-101 
or 5-102 at a place other than the dealer's
established and 
additional places of business.

    "Relevant market area", for a new vehicle dealer licensed 
under Section
5-101 and for a used vehicle dealer licensed 
under Section 5-102, means the
area within 10 miles of the 
established or additional place of business of the
dealer 
located in a county with a population of 300,000 or more, or 
within 15
miles if the established place of business is 
located in a county with a
population of less than 300,000.

    "Trade show exhibition" means a temporary display of 
vehicles,
by dealers licensed under Section 5-101 or 5-102, or 
any other
person as defined in subsection (c) of Section 
5-102.1, at a location at which
no vehicles are offered for 
sale that is conducted at a place other than the
dealer's 
established and additional places of business.  In order for a 
display
exhibition to be considered a trade
show exhibition, 
it must be participated in by at least 3
dealers, 2 of which 
must be licensed under Section 5-101 or 5-102; and
a trade show 
exhibition of new vehicles shall only be participated in by

licensed new vehicle dealers at least 2 of which must be 
licensed under Section
5-101.

(Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)

 


    (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
accident, 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
accident, 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 accident, 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 
            automobiles; 
                (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 
            automobiles. 
            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 
        Code;

            (B) The Certificate of Title Laws of the Illinois 
        Vehicle Code;

            (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 
        Act;

            (E) The Interest Act;

            (F) The Illinois Wage Assignment Act;

            (G) Part 8 of Article XII of the Code of Civil 
        Procedure; or

            (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 
    person;

        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. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19; 
101-505, eff. 1-1-20.)

 



    (625 ILCS 5/5-101.1)



    Sec. 5-101.1. Motor vehicle financing affiliates; 
licensing. 

    (a) In this State no business shall engage in the business 
of a motor
vehicle financing
affiliate without a license to do 
so in writing from the Secretary of State.

    (b) An application for a motor vehicle financing 
affiliate's license must be
filed with
the Secretary of State, 
duly verified by oath, on a form prescribed by the
Secretary of

State and shall contain all of the following:


        (1) The name and type of business organization of the 
    applicant and the
applicant's
established place of 
    business and any additional places of business in this

    State.


        (2) The name and address of the licensed new or used 
    vehicle dealer to
which the
applicant will be selling, 
    transferring, or assigning new or used motor
vehicles 
    pursuant
to a written contract.  If more than one dealer is 
    on the application, the
applicant shall
state in writing 
    the basis of common ownership among the dealers.


        (3) A list of the business organization's officers, 
    directors, members,
and
shareholders having a 10% or 
    greater ownership interest in the business,
providing the

    residential address for each person listed.


        (4) If selling, transferring, or assigning new motor 
    vehicles, the make or
makes of
new vehicles that it will 
    sell, assign, or otherwise transfer to the
contracting new 
    motor
vehicle dealer listed on the application pursuant to 
    paragraph (2).


        (5) The name of each manufacturer or franchised 
    distributor, if any, of
new
vehicles with whom the 
    applicant has contracted for the sale of new vehicles
and 
    a signed
statement from each manufacturer or franchised 
    distributor acknowledging the
contract.


        (6) A statement that the applicant has been approved 
    for registration
under the
Retailers' Occupation Tax Act 
    by the Department of Revenue.  This requirement
does not

    apply to a motor vehicle financing affiliate that is 
    already licensed with the
Secretary of
State and is 
    applying for a renewal of its license.


        (7) A statement that the applicant has complied with 
    the appropriate
liability
insurance requirement and a 
    Certificate of Insurance that shall not expire
before

    December 31 of the year for which the license was issued or 
    renewed with a
minimum
liability coverage of $100,000 for 
    the bodily injury or death of any person,
$300,000 for
the 
    bodily injury or death of 2 or more persons in any one 
    accident, and
$50,000 for
damage to property.  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 the requirements of this 
    paragraph.  A
motor
vehicle financing affiliate is exempt 
    from the requirements of this paragraph
if it is
covered 
    by the insurance policy of the new or used dealer listed on 
    the
application
pursuant to paragraph (2).


        (8) A license fee of $1,000 for the applicant's 
    established place of
business and
$250 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 and $125 for 
    each
additional place
of business, if any, to which the 
    application pertains.  These license fees
shall be

    returnable only in the event that the application is 
    denied by the Secretary of
State.


        (9) A statement incorporating the requirements of 
    paragraphs 8 and 9 of
subsection (b) of Section 5-101.


        (10) Any other information concerning the business of 
    the applicant as the
Secretary of State may prescribe.


        (11) A statement that the applicant understands 
    Chapter 1 through Chapter
5 of
this Code.

        (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 motor vehicle 
financing affiliate's license shall be amended
within 30
days 
after the occurrence of the change on a form prescribed by the 
Secretary
of State,
accompanied by an amendatory fee of $2.

    (d) If a new vehicle dealer is not listed on the 
application, pursuant to
paragraph (2) of
subsection (b), the 
motor vehicle financing affiliate shall not receive,
possess, 
or transfer
any new vehicle.  If a new motor vehicle dealer is 
listed on the application,
pursuant to
paragraph (2) of 
subsection (b), the new motor vehicle dealer can only receive

those new
cars it is permitted to receive under its franchise 
agreement.  If both a new
and used
motor vehicle dealer are 
listed on the application, pursuant to paragraph (2)
of 
subsection
(b), only the new motor vehicle dealer may receive 
new motor vehicles.  If a
used motor
vehicle is listed on the 
application, pursuant to paragraph (2) of
subsection (b),  the 
used
motor vehicle dealer shall not receive any new motor 
vehicles.

    (e) The applicant and dealer provided pursuant to 
paragraph (2) of
subsection (b)
must be business organizations 
registered to conduct business in Illinois.
Three-fourths
of 
the dealer's board of directors must be members of the motor 
vehicle
financing
affiliate's board of directors, if 
applicable.

    (f) Unless otherwise provided in this Chapter 5, no 
business organization
registered to
do business in Illinois 
shall be licensed as a motor vehicle financing
affiliate 
unless:


        (1) The motor vehicle financing affiliate shall only 
    sell, transfer, or
assign motor
vehicles to the licensed 
    new or used dealer listed on the application pursuant
to 
    paragraph (2) of subsection (b).


        (2) The motor vehicle financing affiliate sells, 
    transfers, or assigns to
the new
motor vehicle dealer 
    listed on the application, if any, only those new motor

    vehicles the
motor vehicle financing affiliate has 
    received under the contract set forth in
paragraph (5)
of 
    subsection (b).


        (3) Any new vehicle dealer listed pursuant to 
    paragraph (2) of subsection
(b) has a
franchise agreement 
    that permits the dealer to receive motor vehicles from the

    motor
vehicle franchise affiliate.


        (4) The new or used motor vehicle dealer listed on the 
    application
pursuant to
paragraph (2) of subsection (b) 
    has one established place of business or
supplemental

    places of business as referenced in subsection (g).

    (g) The Secretary of State shall, within a reasonable time 
after receipt,
examine an
application submitted pursuant to 
this Section and, unless it is determined
that the
application 
does not conform with the requirements of this Section or that

grounds exist
for a denial of the application under Section 
5-501, grant the applicant a
motor vehicle
financing affiliate 
license in writing for the applicant's established place of

business and
a supplemental license in writing for each 
additional place of business in a
form prescribed
by the 
Secretary, which shall include all of the following:


        (1) The name of the business licensed;


        (2) The name and address of its officers, directors, 
    or members, as
applicable;


        (3) In the case of an original license, the 
    established place of business
of the
licensee; and


        (4) If applicable, the make or makes of new vehicles 
    which the licensee is
licensed
to sell to the new motor 
    vehicle dealer listed on the application pursuant to

    paragraph (2)
of subsection (b); and .

        (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. 
    (h) The appropriate instrument evidencing the license or a 
certified copy,
provided by
the Secretary of State, shall be 
kept posted conspicuously in the established
place of
business 
of the licensee.

    (i) Except as provided in subsection (h), all motor 
vehicle financing
affiliate's
licenses granted under this 
Section shall expired by operation of law on
December 31 of
the 
calendar year for which they are granted, unless revoked or 
canceled at an
earlier date
pursuant to Section 5-501.

    (j) A motor vehicle financing affiliate's license may be 
renewed upon
application and
payment of the required fee.  
However, when an application for renewal of a
motor
vehicle 
financing affiliate's 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.

    (k) The contract a motor vehicle financing affiliate has 
with a manufacturer
or
franchised distributor, as provided in 
paragraph (5) of subsection (b), shall
only permit
the 
applicant to sell, transfer, or assign new motor vehicles to 
the new motor
vehicle
dealer listed on the application 
pursuant to paragraph (2) of subsection (b).
The contract

shall specifically prohibit the motor vehicle financing 
affiliate from selling
motor
vehicles at retail.  This contract 
shall not be considered the granting of a
franchise as
defined 
in Section 2 of the Motor Vehicle Franchise Act.

    (l) When purchasing of a motor vehicle by a new or used 
motor vehicle
dealer, all
persons licensed as a motor vehicle 
financing affiliate are required to furnish
all of the

following:


        (1) For a new vehicle, a manufacturer's statement of 
    origin properly
assigned to
the purchasing dealer.  For a 
    used vehicle, a certificate of title properly
assigned to 
    the
purchasing dealer.


        (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 the 
    purchasing dealer.


        (4) A copy of the Uniform Invoice-transaction report 
    pursuant to Section
5-402.


        (5) In the case of a rebuilt vehicle, a copy of the 
    Disclosure of Rebuilt
Vehicle
Status pursuant to Section 
    5-104.3.


        (6) In the case of a vehicle for which a warranty has 
    been reinstated, a
copy of the
warranty.

    (m) The motor vehicle financing affiliate shall use the 
established and
supplemental
place or places of business the 
new or used vehicle dealer listed on the
application
pursuant 
to paragraph (2) of subsection (b) as its established and 
supplemental
place  or
places of business.

    (n) The motor vehicle financing affiliate shall keep all 
books and records
required by
this Code with the books and 
records of the new or used vehicle dealer listed
on the

application pursuant to paragraph (2) of subsection (b).  The 
motor vehicle
financing
affiliate may use the books and 
records of the new or used motor vehicle dealer
listed on
the 
application pursuant to paragraph (2) of subsection (b).

    (o) Under no circumstances shall a motor vehicle financing 
affiliate sell,
transfer, or
assign a new vehicle to any place 
of business of a new motor vehicle dealer,
unless that
place of 
business is licensed under this Chapter to sell, assign, or 
otherwise
transfer the
make of the new motor vehicle 
transferred.

    (p) All moneys received by the Secretary of State as 
license fees under this
Section
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.

    (q) Except as otherwise provided in this Section, a motor 
vehicle financing
affiliate
shall comply with all provisions 
of this Code.

    (r) 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. 91-415, eff. 1-1-00.)

 
    (625 ILCS 5/5-101.2)
    Sec. 5-101.2. Manufactured home dealers; licensing.
    (a)   For the purposes of this Section, the following words 
shall have the meanings ascribed to them as follows:
        "Community-based manufactured home dealer" means an 
    individual or entity that operates a tract of land or 2 or 
    more contiguous tracts of land which contain sites with 
    the necessary utilities for 5 or more independent 
    manufactured homes for permanent habitation, either free 
    of charge or for revenue purposes, and shall include any 
    building, structure, vehicle, or enclosure used or 
    intended for use as a part of the equipment of the 
    manufactured home park who may, incidental to the 
    operation of the manufactured home community, sell, trade, 
    or buy no more than 2 manufactured homes or park models per 
    calendar year that are located within the manufactured 
    home community pursuant to a franchise agreement or 
    similar agreement with a manufacturer, or used 
    manufactured homes or park models located within the 
    manufactured home community or additional place of 
    business that is owned or managed by the community-based 
    manufactured home dealer.
        "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 or a

    community-based manufactured home dealer for the purpose

    of engaging in selling, buying, bartering, displaying,

    exchanging, or dealing in, on consignment or otherwise,

    manufactured homes or park models and for such other 
    ancillary purposes as may be permitted by the Secretary by 
    rule. An established place of business shall include a 
    single or central office in which the manufactured home 
    dealer's or community-based manufactured home dealer's 
    records shall be separate and distinct from any other 
    business or tenant which may occupy space in the same 
    building, except as provided in this Section, and the 
    office shall not be located in a tent, temporary stand, 
    temporary address, room or rooms in a hotel or
rooming 
    house, nor the premises occupied by a single or
multiple 
    unit residence, unless the multiple unit
residence has a 
    separate and distinct office.
        "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, and bears a label indicating the

    manufacturer's compliance with the United States

    Department of Housing and Urban Development standards, as 
    applicable, that is without a permanent foundation 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 an individual or 
    entity that engages in the business of acquiring or 
    disposing of a manufactured home or park model, either a 
    new manufactured home or park model, pursuant to a 
    franchise agreement with a manufacturer, or used 
    manufactured homes or park models, and who has an 
    established place of business that is not in a residential 
    community-based setting.
        "Park model" means a vehicle that is incapable of 
    self-propulsion that is less than 400 square feet of 
    habitable space that is built to American National 
    Standards Institute (ANSI) standards that prohibits 
    occupancy on a permanent basis and is built on a vehicle 
    chassis.
        "Supplemental license" means a license that a 
    community-based manufactured home dealer receives and 
    displays at locations in which the licensee is authorized 
    to sell, buy, barter, display, exchange, or deal in, on 
    consignment or otherwise, manufactured homes or park 
    models, but is not the established place of business of 
    the licensee.
    (b)   No person shall engage in this State in the business of

selling or dealing in, on consignment or otherwise,

manufactured homes or park models of any make, or act as an 
intermediary, agent, or broker for any manufactured home or 
park model 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 the provisions of this Section.
    (c)   An application for a manufactured home dealer's

license or a community-based manufactured home dealer's

license shall be filed with the Secretary of State and duly

verified by oath, on such form as the Secretary of State may by

rule prescribe and shall contain all of the following:
        (1)   The name and type of business organization of the

    applicant, and his or her 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. 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)   The make or makes of new manufactured homes or 
    park models that the applicant will offer for sale at 
    retail in the State.
        (4)   The name of each manufacturer or franchised

    distributor, if any, of new manufactured homes or park 
    models with whom the applicant has contracted for the sale 
    of new manufactured homes or park models. As evidence of 
    this fact, the application shall be accompanied by a 
    signed statement from each manufacturer or franchised 
    distributor.
        (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 manufactured home dealer 
    who is already
licensed 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.
        (6)   An application for:
            (A) a manufactured home dealer's license, when the 
        applicant is selling new manufactured homes or park 
        models on behalf of a manufacturer of manufactured 
        homes or park models, or 5 or more used manufactured 
        homes or park models during the calendar year, shall 
        be accompanied by a $1,000 license fee for the 
        applicant's established place of business, and $100 
        for each additional place of business, if any, to 
        which the application pertains. If the application is 
        made after June 15 in any year, the license fee shall 
        be $500 for the applicant's
established place of 
        business, and $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; or
            (B) a community-based manufactured home dealer's

        license, when the applicant is selling new 
        manufactured homes or park models on behalf of a 
        manufacturer of manufactured homes or park models, or 
        5 or more used manufactured homes or park models 
        during the calendar year, but within a community 
        setting, shall be
accompanied by a license fee of $500 
        for the
applicant's established place of business, and 
        $50 for
each additional place of business within a 
        50-mile radius of the established place of business, 
        if any to which the
application pertains. If the 
        application is made after
June 15 in any year, the 
        license fee shall be $250 for
the applicant's 
        established place of business, and $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.
            Of the monies received by the Secretary of State 
        as license fees under this paragraph (6), 95% shall be 
        deposited into the General Revenue Fund and 5% into 
        the Motor Vehicle License Plate Fund.
        (7)   A statement that the applicant's officers,

    directors, and 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 hearing proceeding, of any one of the

    following Acts:
            (A)   the Anti Theft Laws of the Illinois Vehicle

        Code;
            (B)   the Certificate of Title Laws of the Illinois

        Vehicle Code;
            (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 2012

        (criminal trespass to vehicles);
            (F)   the Retailers Occupation Tax Act;
            (G)   the Consumer Finance Act;
            (H)   the Consumer Installment Loan Act;
            (I)   the Retail Installment Sales Act;
            (J)   the Motor Vehicle Retail Installment Sales 
        Act;
            (K)   the Interest Act;
            (L)   the Illinois Wage Assignment Act;
            (M)   Part 8 of Article XII of the Code of Civil

        Procedure; or
            (N)   the Consumer Fraud Act.
        (8)   A bond or certificate of deposit in the amount of

    $20,000 for each license holder applicant intending to act

    as a manufactured home dealer or community-based

    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 31 of the
year for which the license was issued. 
    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 manufactured home 
    dealer.
        (9)   Dealers in business for over 5 years may

    substitute a certificate of insurance in lieu of the bond

    or certificate of deposit upon renewing their license.
        (10)   Any other information concerning the business of

    the applicant as the Secretary of State may by rule

    prescribe.
        (11)   A statement that the applicant has read and

    understands Chapters 1 through 5 of this Code.
        (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. 
    (d)   Any change which 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 to him or her

under this Section, and unless he or she makes a determination

that the application submitted to him or her 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 initial manufactured home

dealer's license or a community-based manufactured home

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 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;
        (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 
    distance to each
additional place of business to which the 
    supplemental
license pertains; and
        (5)   if applicable, the make or makes of new

    manufactured homes or park models to which a manufactured 
    home dealer is licensed to sell; and .
        (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. 
    (e-5) A manufactured home dealer may operate a 
supplemental lot if the lot is located within 50 miles of the 
manufactured home dealer's principal place of business. 
Records pertaining to a supplemental lot may be maintained at 
the principal place of business.
    (f)   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 and in each additional place

of business, if any, maintained by the licensee, unless the

licensee is a community-based manufactured home dealer, then

the license shall be posted in the community-based 
manufactured
home dealer's central office and it shall include 
a list of the
other locations that the community-based 
manufactured home
dealer may oversee.
    (g)   Except as provided in subsection (i) of this Section,

all licenses granted under this Section shall expire by 
operation of law on December 31 of the calendar year for which 
the licenses were granted, unless sooner revoked or cancelled 
under the provisions of Section 5-501 of this Chapter.
    (h)   All persons licensed as a manufactured home dealer or 
a
community-based manufactured home dealer are required to

furnish each purchaser of a manufactured home or park model:
        (1)   in the case of a new manufactured home or park 
    model, a manufacturer's statement of origin, and in the 
    case of a previously owned manufactured home or park 
    model, 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

    purchaser;
        (4)   a copy of the Uniform Invoice-transaction

    reporting return form referred to in Section 5-402; and
        (5)   for a new manufactured home or park model, a 
    warranty, and in the case of a manufactured home or park 
    model 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 or park model is 
    being sold "AS IS".
    (i)   This Section shall not apply to a (i) seller who 
privately owns his or her manufactured home or park model as 
his or her main residence and is selling the manufactured home 
or park model to another individual or to a licensee; (ii) a 
retailer or entity licensed under either Section 5-101 or 
5-102 of this Code; or (iii) an individual or entity licensed 
to sell truck campers, travel trailers, motor homes, or mini 
motor homes as defined by this Code. Any vehicle not covered by 
this Section that requires an individual or entity to obtain a 
license to sell 5 or more vehicles must obtain a license under 
the relevant provisions of this Code.
    (j)   This Section shall not apply to any person licensed

under the Real Estate License Act of 2000.
    (k)   The Secretary of State may adopt any rules necessary 
to implement this Section. 

(Source: P.A. 101-407, eff. 8-16-19.)
 


    (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
accident, 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
accident, 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 accident, 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 
            automobiles; 
                (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 
            automobiles. 
            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 
        Code;

            (B) The Certificate of Title Laws of the Illinois 
        Vehicle Code;

            (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 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 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 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 
        Act;

            (E) The Interest Act;

            (F) The Illinois Wage Assignment Act;

            (G) Part 8 of Article XII of the Code of Civil 
        Procedure; or

            (H) The Consumer Fraud and Deceptive Business 
        Practices Act.

        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 
    education
   program. 
        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 
    purchaser;

        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 
    person;

        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 
    vehicle;
        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 
    vehicle was acquired;
        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. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19; 
101-505, eff. 1-1-20.)

 
    (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
accident, 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
accident, 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 accident, 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 
            automobiles;
                (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 
            automobiles.
            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 
        Act;

            (E) the Interest Act;

            (F) the Illinois Wage Assignment Act;

            (G) Part 8 of Article XII of the Code of Civil 
        Procedure; or

            (H) the Consumer Fraud and Deceptive Business 
        Practices Act.

        (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 
    purchaser;

        (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 
    person;

        (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 
    vehicle;
        (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 
    vehicle was acquired;
        (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.)
 



    (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 
        Code;

            (b) the "Certificate of Title Laws" of the 
        Illinois Vehicle Code;

            (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 
        Act;

            (e) the Interest Act;

            (f) the Illinois Wage Assignment Act;

            (g) Part 8 of Article XII of the Code of Civil 
        Procedure; or

            (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. 100-409, eff. 8-25-17; 101-572, eff. 8-23-19.)

 
    (625 ILCS 5/5-505 new)
    Sec. 5-505. License suspension or revocation; penalty. The 
Secretary shall suspend the license of any licensee under this 
Chapter who permits an individual who is not an authorized 
agent or employee of the licensee to use the license of the 
licensee to purchase a vehicle from an auction. The suspension 
shall be  for a period of no less than 30 days for the first 
violation. Upon a second or subsequent violation, the 
Secretary shall revoke the license of the licensee.