|
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
1 | AN ACT concerning transportation.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||
5 | Sections 5-101 and 5-102 as follows:
| ||||||||||||||||||||||||||
6 | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||||||||||||||||||||||||||
7 | Sec. 5-101. New vehicle dealers must be licensed.
| ||||||||||||||||||||||||||
8 | (a) No person shall engage in this State in the business of | ||||||||||||||||||||||||||
9 | selling
or dealing in, on consignment or otherwise, new | ||||||||||||||||||||||||||
10 | vehicles of any make, or
act as an intermediary or agent or | ||||||||||||||||||||||||||
11 | broker for any licensed dealer or
vehicle purchaser other than | ||||||||||||||||||||||||||
12 | as a salesperson, or represent or advertise
that he is so | ||||||||||||||||||||||||||
13 | engaged or intends to so engage in such business unless
| ||||||||||||||||||||||||||
14 | licensed to do so in writing by the Secretary of State under | ||||||||||||||||||||||||||
15 | the
provisions of this Section.
| ||||||||||||||||||||||||||
16 | (b) An application for a new vehicle dealer's license shall | ||||||||||||||||||||||||||
17 | be filed
with the Secretary of State, duly verified by oath, on | ||||||||||||||||||||||||||
18 | such form as the
Secretary of State may by rule or regulation | ||||||||||||||||||||||||||
19 | prescribe and shall contain:
| ||||||||||||||||||||||||||
20 | 1. The name and type of business organization of the | ||||||||||||||||||||||||||
21 | applicant and
his established and additional places of | ||||||||||||||||||||||||||
22 | business, if any, in this State.
| ||||||||||||||||||||||||||
23 | 2. If the applicant is a corporation, a list of its | ||||||||||||||||||||||||||
24 | officers,
directors, and shareholders having a ten percent | ||||||||||||||||||||||||||
25 | or greater ownership
interest in the corporation, setting | ||||||||||||||||||||||||||
26 | forth the residence address of
each; if the applicant is a | ||||||||||||||||||||||||||
27 | sole proprietorship, a partnership, an
unincorporated | ||||||||||||||||||||||||||
28 | association, a trust, or any similar form of business
| ||||||||||||||||||||||||||
29 | organization, the name and residence address of the | ||||||||||||||||||||||||||
30 | proprietor or of
each partner, member, officer, director, | ||||||||||||||||||||||||||
31 | trustee, or manager.
| ||||||||||||||||||||||||||
32 | 3. The make or makes of new vehicles which the |
| |||||||
| |||||||
1 | applicant will offer
for sale at retail in this State.
| ||||||
2 | 4. The name of each manufacturer or franchised | ||||||
3 | distributor, if any,
of new vehicles with whom the | ||||||
4 | applicant has contracted for the sale of
such new vehicles. | ||||||
5 | As evidence of this fact, the application shall be
| ||||||
6 | accompanied by a signed statement from each such | ||||||
7 | manufacturer or
franchised distributor. If the applicant | ||||||
8 | is in the business of
offering for sale new conversion | ||||||
9 | vehicles, trucks or vans, except for
trucks modified to | ||||||
10 | serve a special purpose which includes but is not
limited | ||||||
11 | to the following vehicles: street sweepers, fertilizer | ||||||
12 | spreaders,
emergency vehicles, implements of husbandry or | ||||||
13 | maintenance type vehicles,
he must furnish evidence of a | ||||||
14 | sales and service agreement from both the
chassis | ||||||
15 | manufacturer and second stage manufacturer.
| ||||||
16 | 5. A statement that the applicant has been approved for | ||||||
17 | registration
under the Retailers' Occupation Tax Act by the | ||||||
18 | Department of Revenue:
Provided that this requirement does | ||||||
19 | not apply to a dealer who is already
licensed hereunder | ||||||
20 | with the Secretary of State, and who is merely applying
for | ||||||
21 | a renewal of his license. As evidence of this fact, the | ||||||
22 | application
shall be accompanied by a certification from | ||||||
23 | the Department of Revenue
showing that that Department has | ||||||
24 | approved the applicant for registration
under the | ||||||
25 | Retailers' Occupation Tax Act.
| ||||||
26 | 6. A statement that the applicant has complied with the | ||||||
27 | appropriate
liability insurance requirement. A Certificate | ||||||
28 | of Insurance in a solvent
company authorized to do business | ||||||
29 | in the State of Illinois shall be included
with each | ||||||
30 | application covering each location at which he proposes to | ||||||
31 | act
as a new vehicle dealer. The policy must provide | ||||||
32 | liability coverage in
the minimum amounts of $100,000 for | ||||||
33 | bodily injury to, or death of, any person,
$300,000 for | ||||||
34 | bodily injury to, or death of, two or more persons in any | ||||||
35 | one
accident, and $50,000 for damage to property. Such | ||||||
36 | policy shall expire
not sooner than December 31 of the year |
| |||||||
| |||||||
1 | for which the license was issued
or renewed. The expiration | ||||||
2 | of the insurance policy shall not terminate
the liability | ||||||
3 | under the policy arising during the period for which the
| ||||||
4 | policy was filed. Trailer and mobile home dealers are | ||||||
5 | exempt from this
requirement.
| ||||||
6 | If the permitted user has a liability insurance policy | ||||||
7 | that provides
automobile
liability insurance coverage of | ||||||
8 | at least $100,000 for bodily injury to or the
death of any
| ||||||
9 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
10 | or more persons in
any one
accident, and $50,000 for damage | ||||||
11 | to property,
then the permitted user's insurer shall be the | ||||||
12 | primary
insurer and the
dealer's insurer shall be the | ||||||
13 | secondary insurer. If the permitted user does not
have a | ||||||
14 | liability
insurance policy that provides automobile | ||||||
15 | liability insurance coverage of at
least
$100,000 for | ||||||
16 | bodily injury to or the death of any person, $300,000 for | ||||||
17 | bodily
injury to or the death of any 2 or more persons in | ||||||
18 | any one accident, and
$50,000 for damage to property, or | ||||||
19 | does not have any insurance at all,
then the dealer's | ||||||
20 | insurer shall be the primary insurer and the permitted | ||||||
21 | user's
insurer shall be the secondary
insurer.
| ||||||
22 | When a permitted user is "test driving" a new vehicle | ||||||
23 | dealer's automobile,
the new vehicle dealer's insurance | ||||||
24 | shall be primary and the permitted user's
insurance shall | ||||||
25 | be secondary.
| ||||||
26 | As used in this paragraph 6, a "permitted user" is a | ||||||
27 | person who, with the
permission of the new vehicle dealer | ||||||
28 | or an employee of the new vehicle dealer,
drives a vehicle | ||||||
29 | owned and held for sale or lease by the new vehicle dealer
| ||||||
30 | which the person is considering
to purchase or lease, in | ||||||
31 | order to evaluate the performance, reliability, or
| ||||||
32 | condition of the vehicle.
The term "permitted user" also | ||||||
33 | includes a person who, with the permission of
the new
| ||||||
34 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
35 | lease by the new
vehicle dealer
for loaner purposes while | ||||||
36 | the user's vehicle is being repaired or evaluated.
|
| |||||||
| |||||||
1 | As used in this paragraph 6, "test driving" occurs when | ||||||
2 | a permitted user
who,
with the permission of the new | ||||||
3 | vehicle dealer or an employee of the new vehicle
dealer, | ||||||
4 | drives a vehicle owned and held for sale or lease by a new | ||||||
5 | vehicle
dealer that the person is considering to purchase | ||||||
6 | or lease, in order to
evaluate the performance, | ||||||
7 | reliability, or condition of the
vehicle.
| ||||||
8 | As used in this paragraph 6, "loaner purposes" means | ||||||
9 | when a person who,
with the permission of the new vehicle | ||||||
10 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
11 | the new vehicle dealer while the
user's vehicle is being | ||||||
12 | repaired or evaluated.
| ||||||
13 | 7. (A) An application for a new motor vehicle dealer's | ||||||
14 | license shall indicate the number of vehicles sold by the | ||||||
15 | dealer during the previous year, supported by | ||||||
16 | documentation prescribed by the Secretary, and shall be
| ||||||
17 | accompanied by the following license fees:
| ||||||
18 | (i) for dealers that sold 3,000 or more vehicles | ||||||
19 | the previous year: $1,500 for the applicant's | ||||||
20 | established place of business; $750 for each | ||||||
21 | additional place of business, if any, to which the | ||||||
22 | application pertains; | ||||||
23 | (ii) for dealers that sold 2,000 to 2,999 vehicles | ||||||
24 | the previous year: $1,250 for the applicant's | ||||||
25 | established place of business; $625 for each | ||||||
26 | additional place of business, if any, to which the | ||||||
27 | application pertains; | ||||||
28 | (iii) for dealers that sold 1,500 to 1,999 vehicles | ||||||
29 | the previous year: $1,000 for the applicant's | ||||||
30 | established place of business; $500 for each | ||||||
31 | additional place of business, if any, to which the | ||||||
32 | application pertains; | ||||||
33 | (iv) for dealers that sold 1,000 to 1,499 vehicles | ||||||
34 | the previous year: $750 for the applicant's | ||||||
35 | established place of business; $375 for each | ||||||
36 | additional place of business, if any, to which the |
| |||||||
| |||||||
1 | application pertains; | ||||||
2 | (v) for dealers that sold 500 to 999 vehicles the | ||||||
3 | previous year: $500 for the applicant's established | ||||||
4 | place of business; $250 for each additional place of | ||||||
5 | business, if any, to which the application pertains. | ||||||
6 | (vi) for dealers that sold 0 to 499 vehicles the | ||||||
7 | previous year: $250 for the applicant's established | ||||||
8 | place of business; $125 for each additional place of | ||||||
9 | business to which the application pertains; but if the | ||||||
10 | application is made after June 15 of any year, the | ||||||
11 | license fee shall be $125 for the applicant's | ||||||
12 | established place of business and $62.50 for each | ||||||
13 | additional place of business, if any, to which the | ||||||
14 | application pertains.
$1,000 for applicant's | ||||||
15 | established place of business, and
$100 for each
| ||||||
16 | additional place of business, if any, to which the | ||||||
17 | application
pertains; but if the application is made | ||||||
18 | after June 15 of any year, the license
fee shall be | ||||||
19 | $500 for applicant's established place of business
| ||||||
20 | plus
$50 for each additional place of business, if any, | ||||||
21 | to which the
application pertains. | ||||||
22 | License fees shall be returnable only in the event | ||||||
23 | that
the application is denied by the Secretary of | ||||||
24 | State.
All moneys received by the Secretary of State as | ||||||
25 | license fees under paragraph
(7)(A) of subsection (b) | ||||||
26 | of this Section prior to applications for the 2004
| ||||||
27 | licensing year
shall be
deposited into the Motor | ||||||
28 | Vehicle Review Board Fund and shall
be used to | ||||||
29 | administer the Motor Vehicle Review Board under the | ||||||
30 | Motor Vehicle
Franchise Act. Of the money received by | ||||||
31 | the Secretary of State as license
fees under paragraph | ||||||
32 | (7)(A) of subsection (b) of this Section for the 2004
| ||||||
33 | licensing year and
thereafter, 10% shall
be deposited | ||||||
34 | into the Motor Vehicle Review Board Fund and shall be | ||||||
35 | used to
administer the Motor Vehicle Review Board under | ||||||
36 | the Motor Vehicle Franchise Act
and 90% shall be |
| |||||||
| |||||||
1 | deposited into the General Revenue Fund.
| ||||||
2 | (B) An application for a new vehicle dealer's | ||||||
3 | license, other than for
a new motor vehicle dealer's | ||||||
4 | license, shall be accompanied by the following
license | ||||||
5 | fees:
| ||||||
6 | $1,000 for applicant's established place of | ||||||
7 | business, and
$50 for each
additional place of | ||||||
8 | business, if any, to which the application pertains; | ||||||
9 | but if
the application is made after June 15 of any | ||||||
10 | year, the license fee shall be
$500
for applicant's | ||||||
11 | established place of business plus $25 for each
| ||||||
12 | additional
place of business, if any, to which the | ||||||
13 | application pertains. License fees
shall be returnable | ||||||
14 | only in the event that the application is denied by the
| ||||||
15 | Secretary of State. Of the money received by the | ||||||
16 | Secretary of State as
license fees under this | ||||||
17 | subsection for the 2004 licensing year and thereafter,
| ||||||
18 | 95% shall be deposited into the General Revenue Fund.
| ||||||
19 | 8. A statement that the applicant's officers, | ||||||
20 | directors,
shareholders having a 10% or greater ownership | ||||||
21 | interest
therein, proprietor, a partner, member, officer, | ||||||
22 | director, trustee, manager
or other principals in the | ||||||
23 | business have not committed in the past 3
years any one | ||||||
24 | violation as determined in any civil, criminal or
| ||||||
25 | administrative proceedings of any one of the following | ||||||
26 | Acts:
| ||||||
27 | (A) The Anti Theft Laws of the Illinois Vehicle | ||||||
28 | Code;
| ||||||
29 | (B) The Certificate of Title Laws of the Illinois | ||||||
30 | Vehicle Code;
| ||||||
31 | (C) The Offenses against Registration and | ||||||
32 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
33 | Code;
| ||||||
34 | (D) The Dealers, Transporters, Wreckers and | ||||||
35 | Rebuilders
Laws of the Illinois Vehicle Code;
| ||||||
36 | (E) Section 21-2 of the Criminal Code of 1961, |
| |||||||
| |||||||
1 | Criminal Trespass to
Vehicles; or
| ||||||
2 | (F) The Retailers' Occupation Tax Act.
| ||||||
3 | 9. A statement that the applicant's officers, | ||||||
4 | directors,
shareholders having a 10% or greater ownership | ||||||
5 | interest
therein, proprietor, partner, member, officer, | ||||||
6 | director, trustee, manager
or other principals in the | ||||||
7 | business have not committed in any calendar year
3 or more | ||||||
8 | violations, as determined in any civil, criminal or
| ||||||
9 | administrative proceedings, of any one or more of the | ||||||
10 | following Acts:
| ||||||
11 | (A) The Consumer Finance Act;
| ||||||
12 | (B) The Consumer Installment Loan Act;
| ||||||
13 | (C) The Retail Installment Sales Act;
| ||||||
14 | (D) The Motor Vehicle Retail Installment Sales | ||||||
15 | Act;
| ||||||
16 | (E) The Interest Act;
| ||||||
17 | (F) The Illinois Wage Assignment Act;
| ||||||
18 | (G) Part 8 of Article XII of the Code of Civil | ||||||
19 | Procedure; or
| ||||||
20 | (H) The Consumer Fraud Act.
| ||||||
21 | 10. A bond or certificate of deposit in the amount of | ||||||
22 | $20,000 for
each location at which the applicant intends to | ||||||
23 | act as a new vehicle
dealer. The bond shall be for the term | ||||||
24 | of the license, or its renewal, for
which application is | ||||||
25 | made, and shall expire not sooner than
December 31 of the | ||||||
26 | year for which the license was issued or renewed. The bond
| ||||||
27 | shall run to the People of the State of Illinois, with | ||||||
28 | surety by a bonding or
insurance company authorized to do | ||||||
29 | business in this State. It shall be
conditioned upon the | ||||||
30 | proper transmittal of all title and registration fees and
| ||||||
31 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
32 | Act) accepted by the
applicant as a new vehicle dealer.
| ||||||
33 | 11. Such other information concerning the business of | ||||||
34 | the applicant as
the Secretary of State may by rule or | ||||||
35 | regulation prescribe.
| ||||||
36 | 12. A statement that the applicant understands Chapter |
| |||||||
| |||||||
1 | One through
Chapter Five of this Code.
| ||||||
2 | (c) Any change which renders no longer accurate any | ||||||
3 | information
contained in any application for a new vehicle | ||||||
4 | dealer's license shall be
amended within 30 days after the | ||||||
5 | occurrence of such change on such form
as the Secretary of | ||||||
6 | State may prescribe by rule or regulation,
accompanied by an | ||||||
7 | amendatory fee of $2.
| ||||||
8 | (d) Anything in this Chapter 5 to the contrary | ||||||
9 | notwithstanding no
person shall be licensed as a new vehicle | ||||||
10 | dealer unless:
| ||||||
11 | 1. He is authorized by contract in writing between | ||||||
12 | himself and the
manufacturer or franchised distributor of | ||||||
13 | such make of vehicle to so
sell the same in this State, and
| ||||||
14 | 2. Such person shall maintain an established place of | ||||||
15 | business as
defined in this Act.
| ||||||
16 | (e) The Secretary of State shall, within a reasonable time | ||||||
17 | after
receipt, examine an application submitted to him under | ||||||
18 | this Section and
unless he makes a determination that the | ||||||
19 | application submitted to him
does not conform with the | ||||||
20 | requirements of this Section or that grounds
exist for a denial | ||||||
21 | of the application, under Section 5-501 of this
Chapter, grant | ||||||
22 | the applicant an original new vehicle dealer's license in
| ||||||
23 | writing for his established place of business and a | ||||||
24 | supplemental license
in writing for each additional place of | ||||||
25 | business in such form as he may
prescribe by rule or regulation | ||||||
26 | which shall include the following:
| ||||||
27 | 1. The name of the person licensed;
| ||||||
28 | 2. If a corporation, the name and address of its | ||||||
29 | officers or if a
sole proprietorship, a partnership, an | ||||||
30 | unincorporated association or any
similar form of business | ||||||
31 | organization, the name and address of the
proprietor or of | ||||||
32 | each partner, member, officer, director, trustee or
| ||||||
33 | manager;
| ||||||
34 | 3. In the case of an original license, the established | ||||||
35 | place of
business of the licensee;
| ||||||
36 | 4. In the case of a supplemental license, the |
| |||||||
| |||||||
1 | established place of
business of the licensee and the | ||||||
2 | additional place of business to which such
supplemental | ||||||
3 | license pertains;
| ||||||
4 | 5. The make or makes of new vehicles which the licensee | ||||||
5 | is licensed
to sell.
| ||||||
6 | (f) The appropriate instrument evidencing the license or a | ||||||
7 | certified
copy thereof, provided by the Secretary of State, | ||||||
8 | shall be kept posted
conspicuously in the established place of | ||||||
9 | business of the licensee and
in each additional place of | ||||||
10 | business, if any, maintained by such
licensee.
| ||||||
11 | (g) Except as provided in subsection (h) hereof, all new | ||||||
12 | vehicle
dealer's licenses granted under this Section shall | ||||||
13 | expire by operation
of law on December 31 of the calendar year | ||||||
14 | for which they are granted
unless sooner revoked or cancelled | ||||||
15 | under the provisions of Section 5-501
of this Chapter.
| ||||||
16 | (h) A new vehicle dealer's license may be renewed upon | ||||||
17 | application
and payment of the fee required herein, and | ||||||
18 | submission of proof of
coverage under an approved bond under | ||||||
19 | the "Retailers' Occupation Tax
Act" or proof that applicant is | ||||||
20 | not subject to such bonding
requirements, as in the case of an | ||||||
21 | original license, but in case an
application for the renewal of | ||||||
22 | an effective license is made during the
month of December, the | ||||||
23 | effective license shall remain in force until the
application | ||||||
24 | is granted or denied by the Secretary of State.
| ||||||
25 | (i) All persons licensed as a new vehicle dealer are | ||||||
26 | required to
furnish each purchaser of a motor vehicle:
| ||||||
27 | 1. In the case of a new vehicle a manufacturer's | ||||||
28 | statement of origin
and in the case of a used motor vehicle | ||||||
29 | a certificate of title, in
either case properly assigned to | ||||||
30 | the purchaser;
| ||||||
31 | 2. A statement verified under oath that all identifying | ||||||
32 | numbers on
the vehicle agree with those on the certificate | ||||||
33 | of title or
manufacturer's statement of origin;
| ||||||
34 | 3. A bill of sale properly executed on behalf of such | ||||||
35 | person;
| ||||||
36 | 4. A copy of the Uniform Invoice-transaction reporting |
| |||||||
| |||||||
1 | return
referred to in Section 5-402 hereof;
| ||||||
2 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
3 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
4 | 6. In the case of a vehicle for which the warranty has | ||||||
5 | been reinstated, a
copy of the warranty.
| ||||||
6 | (j) Except at the time of sale or repossession of the | ||||||
7 | vehicle, no person
licensed as a new vehicle dealer may issue | ||||||
8 | any other person a newly created
key to a vehicle unless the | ||||||
9 | new vehicle dealer makes a copy of the driver's
license or | ||||||
10 | State identification card of the person requesting or obtaining | ||||||
11 | the
newly created key. The new vehicle dealer must retain the | ||||||
12 | copy for 30 days.
| ||||||
13 | A new vehicle dealer who violates this subsection (j) is | ||||||
14 | guilty of a
petty offense. Violation of this subsection (j) is | ||||||
15 | not cause to suspend,
revoke,
cancel, or deny renewal of the | ||||||
16 | new vehicle dealer's license.
| ||||||
17 | This amendatory Act of 1983 shall be applicable to the 1984 | ||||||
18 | registration
year and thereafter.
| ||||||
19 | (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32, | ||||||
20 | eff. 7-1-03.)
| ||||||
21 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||||||
22 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
23 | (a) No person, other than a licensed new vehicle dealer, | ||||||
24 | shall engage in
the business of selling or dealing in, on | ||||||
25 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
26 | during the year (except house trailers as
authorized by | ||||||
27 | paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||||||
28 | by their rebuilders to persons licensed under this Chapter), or | ||||||
29 | act as
an intermediary, agent or broker for any licensed dealer | ||||||
30 | or vehicle
purchaser (other than as a salesperson) or represent | ||||||
31 | or advertise that he
is so engaged or intends to so engage in | ||||||
32 | such business unless licensed to
do so by the Secretary of | ||||||
33 | State under the provisions of this Section.
| ||||||
34 | (b) An application for a used vehicle dealer's license | ||||||
35 | shall be
filed with the Secretary of State, duly verified by |
| |||||||
| |||||||
1 | oath, in such form
as the Secretary of State may by rule or | ||||||
2 | regulation prescribe and shall
contain:
| ||||||
3 | 1. The name and type of business organization | ||||||
4 | established and additional
places of business, if any, in | ||||||
5 | this State.
| ||||||
6 | 2. If the applicant is a corporation, a list of its | ||||||
7 | officers,
directors, and shareholders having a ten percent | ||||||
8 | or greater ownership
interest in the corporation, setting | ||||||
9 | forth the residence address of
each; if the applicant is a | ||||||
10 | sole proprietorship, a partnership, an
unincorporated | ||||||
11 | association, a trust, or any similar form of business
| ||||||
12 | organization, the names and residence address of the | ||||||
13 | proprietor or of
each partner, member, officer, director, | ||||||
14 | trustee or manager.
| ||||||
15 | 3. A statement that the applicant has been approved for | ||||||
16 | registration
under the Retailers' Occupation Tax Act by the | ||||||
17 | Department of Revenue. However,
this requirement does not | ||||||
18 | apply to a dealer who is already licensed
hereunder with | ||||||
19 | the Secretary of State, and who is merely applying for a
| ||||||
20 | renewal of his license. As evidence of this fact, the | ||||||
21 | application shall be
accompanied by a certification from | ||||||
22 | the Department of Revenue showing that
the Department has | ||||||
23 | approved the applicant for registration under the
| ||||||
24 | Retailers' Occupation Tax Act.
| ||||||
25 | 4. A statement that the applicant has complied with the | ||||||
26 | appropriate
liability insurance requirement. A Certificate | ||||||
27 | of Insurance in a solvent
company authorized to do business | ||||||
28 | in the State of Illinois shall be included
with each | ||||||
29 | application covering each location at which he proposes to | ||||||
30 | act
as a used vehicle dealer. The policy must provide | ||||||
31 | liability coverage in
the minimum amounts of $100,000 for | ||||||
32 | bodily injury to, or death of, any person,
$300,000 for | ||||||
33 | bodily injury to, or death of, two or more persons in any | ||||||
34 | one
accident, and $50,000 for damage to property. Such | ||||||
35 | policy shall expire
not sooner than December 31 of the year | ||||||
36 | for which the license was issued
or renewed. The expiration |
| |||||||
| |||||||
1 | of the insurance policy shall not terminate
the liability | ||||||
2 | under the policy arising during the period for which the | ||||||
3 | policy
was filed. Trailer and mobile home dealers are | ||||||
4 | exempt from this requirement.
| ||||||
5 | If the permitted user has a liability insurance policy | ||||||
6 | that provides
automobile
liability insurance coverage of | ||||||
7 | at least $100,000 for bodily injury to or the
death of any
| ||||||
8 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
9 | or more persons in
any one
accident, and $50,000 for damage | ||||||
10 | to property,
then the permitted user's insurer shall be the | ||||||
11 | primary
insurer and the
dealer's insurer shall be the | ||||||
12 | secondary insurer. If the permitted user does not
have a | ||||||
13 | liability
insurance policy that provides automobile | ||||||
14 | liability insurance coverage of at
least
$100,000 for | ||||||
15 | bodily injury to or the death of any person, $300,000 for | ||||||
16 | bodily
injury to or
the death of any 2 or more persons in | ||||||
17 | any one accident, and $50,000 for damage
to
property, or | ||||||
18 | does not have any insurance at all,
then the
dealer's
| ||||||
19 | insurer shall be the primary insurer and the permitted | ||||||
20 | user's insurer shall be
the secondary
insurer.
| ||||||
21 | When a permitted user is "test driving" a used vehicle | ||||||
22 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
23 | shall be primary and the permitted user's
insurance shall | ||||||
24 | be secondary.
| ||||||
25 | As used in this paragraph 4, a "permitted user" is a | ||||||
26 | person who, with the
permission of the used vehicle dealer | ||||||
27 | or an employee of the used vehicle
dealer, drives a vehicle | ||||||
28 | owned and held for sale or lease by the used vehicle
dealer | ||||||
29 | which the person is considering to purchase or lease, in | ||||||
30 | order to
evaluate the performance, reliability, or | ||||||
31 | condition of the vehicle.
The term "permitted user" also | ||||||
32 | includes a person who, with the permission of
the used
| ||||||
33 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
34 | lease by the used
vehicle dealer
for loaner purposes while | ||||||
35 | the user's vehicle is being repaired or evaluated.
| ||||||
36 | As used in this paragraph 4, "test driving" occurs when |
| |||||||
| |||||||
1 | a permitted user
who,
with the permission of the used | ||||||
2 | vehicle dealer or an employee of the used
vehicle
dealer, | ||||||
3 | drives a vehicle owned and held for sale or lease by a used | ||||||
4 | vehicle
dealer that the person is considering to purchase | ||||||
5 | or lease, in order to
evaluate the performance, | ||||||
6 | reliability, or condition of the
vehicle.
| ||||||
7 | As used in this paragraph 4, "loaner purposes" means | ||||||
8 | when a person who,
with the permission of the used vehicle | ||||||
9 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
10 | the used vehicle dealer while the
user's vehicle is being | ||||||
11 | repaired or evaluated.
| ||||||
12 | 5. An application for a used vehicle dealer's license | ||||||
13 | shall indicate the number of vehicles sold by the dealer | ||||||
14 | during the previous year, supported by documentation | ||||||
15 | prescribed by the Secretary, and shall be
accompanied by | ||||||
16 | the following license fees:
| ||||||
17 |
(A) for dealers that sold 2,500 or more vehicles | ||||||
18 | the previous year: $1,500 for the applicant's | ||||||
19 | established place of business; $750 for each | ||||||
20 | additional place of business, if any, to which the | ||||||
21 | application pertains; | ||||||
22 | (B) for dealers that sold 1,500 to 2,499 vehicles | ||||||
23 | the previous year: $1,250 for the applicant's | ||||||
24 | established place of business; $625 for each | ||||||
25 | additional place of business, if any, to which the | ||||||
26 | application pertains; | ||||||
27 | (C) for dealers that sold 750 to 1,499 vehicles the | ||||||
28 | previous year: $1,000 for the applicant's established | ||||||
29 | place of business, $500 for each additional place of | ||||||
30 | business, if any, to which the application pertains; | ||||||
31 | (D) for dealers that sold 500 to 749 vehicles the | ||||||
32 | previous year: $750 for the applicant's established | ||||||
33 | place of business; $375 for each additional place of | ||||||
34 | business, if any, to which the application pertains. | ||||||
35 | (E) for dealers that sold 200 to 499 vehicles the | ||||||
36 | previous year: $500 for the applicant's established |
| |||||||
| |||||||
1 | place of business; $250 for each additional place of | ||||||
2 | business, if any, to which the application pertains; | ||||||
3 | (F) for dealers that sold 0 to 199 vehicles the | ||||||
4 | previous year: $250 for the applicant's established | ||||||
5 | place of business; $125 for each additional place of | ||||||
6 | business, if any, to which the application pertains; | ||||||
7 | but if the application is made after June 15 of any | ||||||
8 | year, the license fee shall be $125 for the applicant's | ||||||
9 | established place of business and $62.50 for each | ||||||
10 | additional place of business, if any, to which the | ||||||
11 | application pertains.
| ||||||
12 | $1,000 for applicant's established place of business, | ||||||
13 | and
$50 for
each additional place of business, if any, to | ||||||
14 | which the application
pertains; however, if the | ||||||
15 | application is made after June 15 of any
year, the license | ||||||
16 | fee shall be $500 for applicant's established
place of
| ||||||
17 | business plus $25 for each additional place of business, if | ||||||
18 | any,
to
which the application pertains.
| ||||||
19 | License fees shall be returnable only in
the event that | ||||||
20 | the application is denied by
the Secretary of State. Of the | ||||||
21 | money received by the Secretary of State as
license fees | ||||||
22 | under this Section for the 2004 licensing year and | ||||||
23 | thereafter, 95%
shall be deposited into the General Revenue | ||||||
24 | Fund.
| ||||||
25 | 6. A statement that the applicant's officers, | ||||||
26 | directors, shareholders
having a 10% or greater ownership | ||||||
27 | interest therein, proprietor, partner,
member, officer, | ||||||
28 | director, trustee, manager or other principals in the
| ||||||
29 | business have not committed in the past 3 years any one | ||||||
30 | violation as
determined in any civil, criminal or | ||||||
31 | administrative proceedings of any one
of the following | ||||||
32 | Acts:
| ||||||
33 | (A) The Anti Theft Laws of the Illinois Vehicle | ||||||
34 | Code;
| ||||||
35 | (B) The Certificate of Title Laws of the Illinois | ||||||
36 | Vehicle Code;
|
| |||||||
| |||||||
1 | (C) The Offenses against Registration and | ||||||
2 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
3 | Code;
| ||||||
4 | (D) The Dealers, Transporters, Wreckers and | ||||||
5 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
6 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
7 | 1961, Criminal
Trespass to Vehicles; or
| ||||||
8 | (F) The Retailers' Occupation Tax Act.
| ||||||
9 | 7. A statement that the applicant's officers, | ||||||
10 | directors,
shareholders having a 10% or greater ownership | ||||||
11 | interest therein,
proprietor, partner, member, officer, | ||||||
12 | director, trustee, manager or
other principals in the | ||||||
13 | business have not committed in any calendar year
3 or more | ||||||
14 | violations, as determined in any civil or criminal or
| ||||||
15 | administrative proceedings, of any one or more of the | ||||||
16 | following Acts:
| ||||||
17 | (A) The Consumer Finance Act;
| ||||||
18 | (B) The Consumer Installment Loan Act;
| ||||||
19 | (C) The Retail Installment Sales Act;
| ||||||
20 | (D) The Motor Vehicle Retail Installment Sales | ||||||
21 | Act;
| ||||||
22 | (E) The Interest Act;
| ||||||
23 | (F) The Illinois Wage Assignment Act;
| ||||||
24 | (G) Part 8 of Article XII of the Code of Civil | ||||||
25 | Procedure; or
| ||||||
26 | (H) The Consumer Fraud Act.
| ||||||
27 | 8. A bond or Certificate of Deposit in the amount of | ||||||
28 | $20,000 for
each location at which the applicant intends to | ||||||
29 | act as a used vehicle
dealer. The bond shall be for the | ||||||
30 | term of the license, or its renewal, for
which application | ||||||
31 | is made, and shall expire not sooner than December 31 of
| ||||||
32 | the year for which the license was issued or renewed. The | ||||||
33 | bond shall run
to the People of the State of Illinois, with | ||||||
34 | surety by a bonding or
insurance company authorized to do | ||||||
35 | business in this State. It shall be
conditioned upon the | ||||||
36 | proper transmittal of all title and registration fees
and |
| |||||||
| |||||||
1 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
2 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
3 | 9. Such other information concerning the business of | ||||||
4 | the applicant as
the Secretary of State may by rule or | ||||||
5 | regulation prescribe.
| ||||||
6 | 10. A statement that the applicant understands Chapter | ||||||
7 | 1 through
Chapter 5 of this Code.
| ||||||
8 | (c) Any change which renders no longer accurate any | ||||||
9 | information
contained in any application for a used vehicle | ||||||
10 | dealer's license shall
be amended within 30 days after the | ||||||
11 | occurrence of each change on such
form as the Secretary of | ||||||
12 | State may prescribe by rule or regulation,
accompanied by an | ||||||
13 | amendatory fee of $2.
| ||||||
14 | (d) Anything in this Chapter to the contrary | ||||||
15 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
16 | dealer unless such person
maintains an established place of | ||||||
17 | business as
defined in this Chapter.
| ||||||
18 | (e) The Secretary of State shall, within a reasonable time | ||||||
19 | after
receipt, examine an application submitted to him under | ||||||
20 | this Section.
Unless the Secretary makes a determination that | ||||||
21 | the application
submitted to him does not conform to this | ||||||
22 | Section or that grounds exist
for a denial of the application | ||||||
23 | under Section 5-501 of this Chapter, he
must grant the | ||||||
24 | applicant an original used vehicle dealer's license in
writing | ||||||
25 | for his established place of business and a supplemental | ||||||
26 | license
in writing for each additional place of business in | ||||||
27 | such form as he may
prescribe by rule or regulation which shall | ||||||
28 | include the following:
| ||||||
29 | 1. The name of the person licensed;
| ||||||
30 | 2. If a corporation, the name and address of its | ||||||
31 | officers or if a
sole proprietorship, a partnership, an | ||||||
32 | unincorporated association or any
similar form of business | ||||||
33 | organization, the name and address of the
proprietor or of | ||||||
34 | each partner, member, officer, director, trustee or
| ||||||
35 | manager;
| ||||||
36 | 3. In case of an original license, the established |
| |||||||
| |||||||
1 | place of business
of the licensee;
| ||||||
2 | 4. In the case of a supplemental license, the | ||||||
3 | established place of
business of the licensee and the | ||||||
4 | additional place of business to which such
supplemental | ||||||
5 | license pertains.
| ||||||
6 | (f) The appropriate instrument evidencing the license or a | ||||||
7 | certified
copy thereof, provided by the Secretary of State | ||||||
8 | shall be kept posted,
conspicuously, in the established place | ||||||
9 | of business of the licensee and
in each additional place of | ||||||
10 | business, if any, maintained by such
licensee.
| ||||||
11 | (g) Except as provided in subsection (h) of this Section, | ||||||
12 | all used
vehicle dealer's licenses granted under this Section | ||||||
13 | expire by operation
of law on December 31 of the calendar year | ||||||
14 | for which they are granted
unless sooner revoked or cancelled | ||||||
15 | under Section 5-501 of this Chapter.
| ||||||
16 | (h) A used vehicle dealer's license may be renewed upon | ||||||
17 | application
and payment of the fee required herein, and | ||||||
18 | submission of proof of
coverage by an approved bond under the | ||||||
19 | "Retailers' Occupation Tax Act"
or proof that applicant is not | ||||||
20 | subject to such bonding requirements, as
in the case of an | ||||||
21 | original license, but in case an application for the
renewal of | ||||||
22 | an effective license is made during the month of December,
the | ||||||
23 | effective license shall remain in force until the application | ||||||
24 | for
renewal is granted or denied by the Secretary of State.
| ||||||
25 | (i) All persons licensed as a used vehicle dealer are | ||||||
26 | required to
furnish each purchaser of a motor vehicle:
| ||||||
27 | 1. A certificate of title properly assigned to the | ||||||
28 | purchaser;
| ||||||
29 | 2. A statement verified under oath that all identifying | ||||||
30 | numbers on
the vehicle agree with those on the certificate | ||||||
31 | of title;
| ||||||
32 | 3. A bill of sale properly executed on behalf of such | ||||||
33 | person;
| ||||||
34 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
35 | return
referred to in Section 5-402 of this Chapter;
| ||||||
36 | 5. In the case of a rebuilt vehicle, a copy of the |
| |||||||
| |||||||
1 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
2 | 6. In the case of a vehicle for which the warranty has | ||||||
3 | been reinstated, a
copy of the warranty.
| ||||||
4 | (j) A real estate broker holding a valid certificate of | ||||||
5 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
6 | Salesmen License Act" may engage
in the business of selling or | ||||||
7 | dealing in house trailers not his own without
being licensed as | ||||||
8 | a used vehicle dealer under this Section; however such
broker | ||||||
9 | shall maintain a record of the transaction including the | ||||||
10 | following:
| ||||||
11 | (1) the name and address of the buyer and seller,
| ||||||
12 | (2) the date of sale,
| ||||||
13 | (3) a description of the mobile home, including the | ||||||
14 | vehicle identification
number, make, model, and year, and
| ||||||
15 | (4) the Illinois certificate of title number.
| ||||||
16 | The foregoing records shall be available for inspection by | ||||||
17 | any officer
of the Secretary of State's Office at any | ||||||
18 | reasonable hour.
| ||||||
19 | (k) Except at the time of sale or repossession of the | ||||||
20 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
21 | any other person a newly
created key to a vehicle unless the | ||||||
22 | used vehicle dealer makes a copy of the
driver's license or | ||||||
23 | State identification card of the person requesting or
obtaining | ||||||
24 | the newly created key. The used vehicle dealer must retain the
| ||||||
25 | copy for 30 days.
| ||||||
26 | A used vehicle dealer who violates this subsection (k) is | ||||||
27 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
28 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
29 | used vehicle dealer's license.
| ||||||
30 | (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32, | ||||||
31 | eff. 7-1-03.)
| ||||||
32 | Section 99. Effective date. This Act takes effect upon | ||||||
33 | becoming law.
|