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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Auction License Act is amended by changing | ||||||
5 | Section 10-1 as follows:
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6 | (225 ILCS 407/10-1)
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7 | (Text of Section after amendment by P.A. 95-572 )
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8 | (Section scheduled to be repealed on January 1, 2010)
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9 | Sec. 10-1. Necessity of license; exemptions.
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10 | (a) It is unlawful for any
person, corporation,
limited | ||||||
11 | liability company, partnership, or other entity to conduct an | ||||||
12 | auction,
provide an auction
service, hold himself or herself | ||||||
13 | out as an auctioneer, or advertise his or her
services as an | ||||||
14 | auctioneer
in the State of Illinois without a license issued by | ||||||
15 | the Department under this Act,
except at:
| ||||||
16 | (1) an auction conducted solely by or for a | ||||||
17 | not-for-profit organization
for
charitable
purposes;
| ||||||
18 | (2) an auction conducted by the owner of the property, | ||||||
19 | real or personal;
| ||||||
20 | (3) an auction for the sale or lease of real property | ||||||
21 | conducted by a
licensee
under the
Real Estate License Act, | ||||||
22 | or its successor Acts, in accordance with the terms of
that | ||||||
23 | Act;
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1 | (4) an auction conducted by a business registered as a | ||||||
2 | market
agency under the federal Packers and Stockyards Act | ||||||
3 | (7 U.S.C. 181 et seq.) or
under the Livestock Auction | ||||||
4 | Market Law;
| ||||||
5 | (5) an auction conducted by an agent, officer, or | ||||||
6 | employee of a federal
agency in the conduct of his or her | ||||||
7 | official duties; and
| ||||||
8 | (6) an auction conducted by an agent, officer, or | ||||||
9 | employee of the State
government or any political | ||||||
10 | subdivision thereof performing his or her official
duties.
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11 | (b) Nothing in this Act shall be construed to apply to a | ||||||
12 | new or used
vehicle dealer
or a vehicle auctioneer licensed by | ||||||
13 | the Secretary of State of Illinois, or
to any employee of the
| ||||||
14 | licensee, who is a resident of the State of Illinois,
while the | ||||||
15 | employee is acting in the regular scope of his or her | ||||||
16 | employment for
the licensee
while conducting an auction that is | ||||||
17 | not open to the public, provided that
only new or used vehicle | ||||||
18 | dealers,
rebuilders, automotive parts recyclers, or scrap | ||||||
19 | processors , or out-of-state
salvage vehicle buyers licensed by | ||||||
20 | the Secretary of State or licensed by
another state or | ||||||
21 | jurisdiction may buy property at the auction, or to sales by or
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22 | through the licensee. Out-of-state salvage vehicle buyers | ||||||
23 | licensed in another state or jurisdiction may also buy property | ||||||
24 | at the auction.
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25 | (c) Nothing in this Act shall be construed to prohibit a | ||||||
26 | person under the
age of 18 from selling property under $250 in |
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1 | value while under the direct
supervision of a licensed | ||||||
2 | auctioneer.
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3 | (d) Nothing in this Act, except Section 10-27, shall be | ||||||
4 | construed to
apply to a person while providing an Internet | ||||||
5 | auction listing service as
defined
in Section 10-27.
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6 | (Source: P.A. 95-572, eff. 6-1-08.)
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7 | Section 10. The Illinois Vehicle Code is amended by | ||||||
8 | changing Sections 1-154.7, 3-117.1, 3-118, 5-102, 5-302, | ||||||
9 | 5-403, and 5-702 as follows:
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10 | (625 ILCS 5/1-154.7)
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11 | Sec. 1-154.7. Out-of-state salvage vehicle buyer. A person | ||||||
12 | who is
licensed in another state or jurisdiction and acquires | ||||||
13 | salvage or junk vehicles state for the primary purpose of | ||||||
14 | acquiring salvage vehicles
and who is issued an out-of-state | ||||||
15 | salvage vehicle buyer's identification card
in
this State for | ||||||
16 | the sole purpose of acquiring salvage vehicles and taking them
| ||||||
17 | out of state.
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18 | (Source: P.A. 90-89, eff. 1-1-98.)
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19 | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
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20 | Sec. 3-117.1. When junking certificates or salvage | ||||||
21 | certificates must
be obtained. | ||||||
22 | (a) Except as provided in Chapter 4 of this Code, a person | ||||||
23 | who possesses a
junk vehicle shall within 15 days cause the |
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1 | certificate of title, salvage
certificate, certificate of | ||||||
2 | purchase, or a similarly acceptable out of state
document of | ||||||
3 | ownership to be surrendered to the Secretary of State along | ||||||
4 | with an
application for a junking certificate, except as | ||||||
5 | provided in Section 3-117.2,
whereupon the Secretary of State | ||||||
6 | shall issue to such a person a junking
certificate, which shall | ||||||
7 | authorize the holder thereof to possess, transport,
or, by an | ||||||
8 | endorsement, transfer ownership in such junked vehicle, and a
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9 | certificate of title shall not again be issued for such | ||||||
10 | vehicle.
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11 | A licensee who possesses a junk vehicle and a Certificate | ||||||
12 | of Title,
Salvage Certificate, Certificate of Purchase, or a | ||||||
13 | similarly acceptable
out-of-state document of ownership for | ||||||
14 | such junk vehicle, may transport the
junk vehicle to another | ||||||
15 | licensee prior to applying for or obtaining a
junking | ||||||
16 | certificate, by executing a uniform invoice. The licensee
| ||||||
17 | transferor shall furnish a copy of the uniform invoice to the | ||||||
18 | licensee
transferee at the time of transfer. In any case, the | ||||||
19 | licensee transferor
shall apply for a junking certificate in | ||||||
20 | conformance with Section 3-117.1
of this Chapter. The following | ||||||
21 | information shall be contained on a uniform
invoice:
| ||||||
22 | (1) The business name, address and dealer license | ||||||
23 | number of the person
disposing of the vehicle, junk vehicle | ||||||
24 | or vehicle cowl;
| ||||||
25 | (2) The name and address of the person acquiring the | ||||||
26 | vehicle, junk
vehicle or vehicle cowl, and if that person |
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| |||||||
1 | is a dealer, the Illinois or
out-of-state dealer license | ||||||
2 | number of that dealer;
| ||||||
3 | (3) The date of the disposition of the vehicle, junk | ||||||
4 | vehicle or vehicle
cowl;
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5 | (4) The year, make, model, color and description of | ||||||
6 | each vehicle, junk
vehicle or vehicle cowl disposed of by | ||||||
7 | such person;
| ||||||
8 | (5) The manufacturer's vehicle identification number, | ||||||
9 | Secretary of State
identification number or Illinois | ||||||
10 | Department of State Police number,
for each vehicle, junk | ||||||
11 | vehicle or vehicle cowl part disposed of by such person;
| ||||||
12 | (6) The printed name and legible signature of the | ||||||
13 | person or agent
disposing of the vehicle, junk vehicle or | ||||||
14 | vehicle cowl; and
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15 | (7) The printed name and legible signature of the | ||||||
16 | person accepting
delivery of the vehicle, junk vehicle or | ||||||
17 | vehicle cowl.
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18 | The Secretary of State may certify a junking manifest in a | ||||||
19 | form prescribed by
the Secretary of State that reflects those | ||||||
20 | vehicles for which junking
certificates have been applied or | ||||||
21 | issued. A junking manifest
may be issued to any person and it | ||||||
22 | shall constitute evidence of ownership
for the vehicle listed | ||||||
23 | upon it. A junking manifest may be transferred only
to a person | ||||||
24 | licensed under Section 5-301 of this Code as a scrap processor.
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25 | A junking manifest will allow the transportation of those
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26 | vehicles to a scrap processor prior to receiving the junk |
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1 | certificate from
the Secretary of State.
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2 | (b) An application for a salvage certificate shall be | ||||||
3 | submitted to the
Secretary of State in any of the following | ||||||
4 | situations:
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5 | (1) When an insurance company makes a payment of | ||||||
6 | damages on a total loss
claim for a vehicle, the insurance | ||||||
7 | company shall be deemed to be the owner of
such vehicle and | ||||||
8 | the vehicle shall be considered to be salvage except that
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9 | ownership of (i) a vehicle that has incurred only hail | ||||||
10 | damage that does
not
affect the operational safety of the | ||||||
11 | vehicle or (ii) any vehicle
9 model years of age or older | ||||||
12 | may, by agreement between
the registered owner and the | ||||||
13 | insurance company, be retained by the registered
owner of | ||||||
14 | such vehicle. The insurance company shall promptly deliver | ||||||
15 | or mail
within 20 days the certificate of title along with | ||||||
16 | proper application and fee
to the Secretary of State, and a | ||||||
17 | salvage certificate shall be issued in the
name of the | ||||||
18 | insurance company. Notwithstanding the foregoing, an | ||||||
19 | insurer making payment of damages on a total loss claim for | ||||||
20 | the theft of a vehicle shall not be required to apply for a | ||||||
21 | salvage certificate unless the vehicle is recovered and has | ||||||
22 | incurred damage that initially would have caused the | ||||||
23 | vehicle to be declared a total loss by the insurer. An | ||||||
24 | insurer making payment of damages on a total
loss claim for | ||||||
25 | the theft of a vehicle may exchange the salvage certificate | ||||||
26 | for
a certificate of title if the vehicle is recovered |
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1 | without damage. In such a
situation, the insurer shall fill | ||||||
2 | out and sign a form prescribed by the
Secretary of State | ||||||
3 | which contains an affirmation under penalty of perjury that
| ||||||
4 | the vehicle was recovered without damage and the Secretary | ||||||
5 | of State may, by
rule or regulation, require photographs to | ||||||
6 | be submitted. | ||||||
7 | (1.1) When a vehicle of a self-insured company is to be | ||||||
8 | sold in the State of Illinois and has sustained damaged by | ||||||
9 | collision, fire, theft, rust corrosion, or other means so | ||||||
10 | that the self-insured company determines the vehicle to be | ||||||
11 | a total loss, or if the cost of repairing the damage, | ||||||
12 | including labor, would be greater than 50% of its fair | ||||||
13 | market value without that damage, the vehicle shall be | ||||||
14 | considered salvage. The self-insured company shall | ||||||
15 | promptly deliver the certificate of title along with proper | ||||||
16 | application and fee to the Secretary of State, and a | ||||||
17 | salvage certificate shall be issued in the name of the | ||||||
18 | self-insured company. A self-insured company making | ||||||
19 | payment of damages on a total loss claim for the theft of a | ||||||
20 | vehicle may exchange the salvage certificate for a | ||||||
21 | certificate of title if the vehicle is recovered without | ||||||
22 | damage. In such a situation, the self-insured shall fill | ||||||
23 | out and sign a form prescribed by the Secretary of State | ||||||
24 | which contains an affirmation under penalty of perjury that | ||||||
25 | the vehicle was recovered without damage and the Secretary | ||||||
26 | of State may, by rule, require photographs to be submitted.
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1 | (2) When a vehicle the ownership of which has been | ||||||
2 | transferred to any
person through a certificate of purchase | ||||||
3 | from acquisition of the vehicle at an
auction, other | ||||||
4 | dispositions as set forth in Sections 4-208 and 4-209
of | ||||||
5 | this Code, a lien arising under Section 18a-501 of this | ||||||
6 | Code,
or a public sale under the Abandoned Mobile Home Act | ||||||
7 | shall be deemed
salvage or junk at the option of the | ||||||
8 | purchaser. The person acquiring such
vehicle in such manner | ||||||
9 | shall promptly deliver or mail, within 20 days after the
| ||||||
10 | acquisition of the vehicle, the certificate of purchase, | ||||||
11 | the
proper application and fee, and, if the vehicle is an | ||||||
12 | abandoned mobile home
under the Abandoned Mobile Home Act, | ||||||
13 | a certification from a local law
enforcement agency that | ||||||
14 | the vehicle was purchased or acquired at a public sale
| ||||||
15 | under the Abandoned Mobile Home Act to the Secretary of | ||||||
16 | State and a salvage
certificate or junking certificate | ||||||
17 | shall be issued in the name of that person.
The salvage | ||||||
18 | certificate or junking certificate issued by the Secretary | ||||||
19 | of State
under this Section shall be free of any lien that | ||||||
20 | existed against the vehicle
prior to the time the vehicle | ||||||
21 | was acquired by the applicant under this Code.
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22 | (3) A vehicle which has been repossessed by a | ||||||
23 | lienholder shall be
considered to be salvage only when the | ||||||
24 | repossessed vehicle, on the date of
repossession by the | ||||||
25 | lienholder, has sustained damage by collision, fire, | ||||||
26 | theft,
rust corrosion, or other means so that the cost of |
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| |||||||
1 | repairing
such damage, including labor, would be greater | ||||||
2 | than 33 1/3% of its fair market
value without such damage. | ||||||
3 | If the lienholder determines that such vehicle is
damaged | ||||||
4 | in excess of 33 1/3% of such fair market value, the | ||||||
5 | lienholder shall,
before sale, transfer or assignment of | ||||||
6 | the vehicle, make application for a
salvage certificate, | ||||||
7 | and shall submit with such application the proper fee
and | ||||||
8 | evidence of possession. If the facts required to be shown | ||||||
9 | in
subsection (f) of Section 3-114 are satisfied, the | ||||||
10 | Secretary of State shall
issue a salvage certificate in the | ||||||
11 | name of the lienholder making the
application. In any case | ||||||
12 | wherein the vehicle repossessed is not damaged in
excess of | ||||||
13 | 33 1/3% of its fair market value, the lienholder
shall | ||||||
14 | comply with the requirements of subsections (f), (f-5), and | ||||||
15 | (f-10) of
Section 3-114, except that the affidavit of | ||||||
16 | repossession made by or on behalf
of the lienholder
shall | ||||||
17 | also contain an affirmation under penalty of perjury that | ||||||
18 | the vehicle
on
the date of sale is not
damaged in
excess of | ||||||
19 | 33 1/3% of its fair market value. If the facts required to | ||||||
20 | be shown
in subsection (f) of Section 3-114 are satisfied, | ||||||
21 | the Secretary of State
shall issue a certificate of title | ||||||
22 | as set forth in Section 3-116 of this Code.
The Secretary | ||||||
23 | of State may by rule or regulation require photographs to | ||||||
24 | be
submitted.
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25 | (4) A vehicle which is a part of a fleet of more than 5 | ||||||
26 | commercial
vehicles registered in this State or any other |
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1 | state or registered
proportionately among several states | ||||||
2 | shall be considered to be salvage when
such vehicle has | ||||||
3 | sustained damage by collision, fire, theft, rust,
| ||||||
4 | corrosion or similar means so that the cost of repairing | ||||||
5 | such damage, including
labor, would be greater than 33 1/3% | ||||||
6 | of the fair market value of the vehicle
without such | ||||||
7 | damage. If the owner of a fleet vehicle desires to sell,
| ||||||
8 | transfer, or assign his interest in such vehicle to a | ||||||
9 | person within this State
other than an insurance company | ||||||
10 | licensed to do business within this State, and
the owner | ||||||
11 | determines that such vehicle, at the time of the proposed | ||||||
12 | sale,
transfer or assignment is damaged in excess of 33 | ||||||
13 | 1/3% of its fair market
value, the owner shall, before such | ||||||
14 | sale, transfer or assignment, make
application for a | ||||||
15 | salvage certificate. The application shall contain with it
| ||||||
16 | evidence of possession of the vehicle. If the fleet vehicle | ||||||
17 | at the time of its
sale, transfer, or assignment is not | ||||||
18 | damaged in excess of 33 1/3% of its
fair market value, the | ||||||
19 | owner shall so state in a written affirmation on a
form | ||||||
20 | prescribed by the Secretary of State by rule or regulation. | ||||||
21 | The
Secretary of State may by rule or regulation require | ||||||
22 | photographs to be
submitted. Upon sale, transfer or | ||||||
23 | assignment of the fleet vehicle the
owner shall mail the | ||||||
24 | affirmation to the Secretary of State.
| ||||||
25 | (5) A vehicle that has been submerged in water to the
| ||||||
26 | point that rising water has reached over the door sill and |
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1 | has
entered the
passenger or trunk compartment is a "flood | ||||||
2 | vehicle". A flood vehicle shall
be considered to be salvage | ||||||
3 | only if the vehicle has sustained damage so that
the cost | ||||||
4 | of repairing the damage, including labor, would be greater | ||||||
5 | than 33
1/3% of the fair market value of the vehicle | ||||||
6 | without that damage. The salvage
certificate issued under | ||||||
7 | this
Section shall indicate the word "flood", and the word | ||||||
8 | "flood" shall be
conspicuously entered on subsequent | ||||||
9 | titles for the vehicle. A person who
possesses or acquires | ||||||
10 | a flood vehicle that is not damaged in excess of 33 1/3%
of | ||||||
11 | its fair market value shall make application for title in | ||||||
12 | accordance with
Section 3-116 of this Code, designating the | ||||||
13 | vehicle as "flood" in a manner
prescribed by the Secretary | ||||||
14 | of State. The certificate of title issued shall
indicate | ||||||
15 | the word "flood", and the word "flood" shall be | ||||||
16 | conspicuously entered
on subsequent titles for the | ||||||
17 | vehicle.
| ||||||
18 | (c) Any person who without authority acquires, sells, | ||||||
19 | exchanges, gives
away, transfers or destroys or offers to | ||||||
20 | acquire, sell, exchange, give
away, transfer or destroy the | ||||||
21 | certificate of title to any vehicle which is
a junk or salvage | ||||||
22 | vehicle shall be guilty of a Class 3 felony.
| ||||||
23 | (d) Any person who knowingly fails to surrender to the | ||||||
24 | Secretary of State a
certificate of title, salvage certificate, | ||||||
25 | certificate of purchase or a
similarly acceptable out-of-state | ||||||
26 | document of ownership as required under
the provisions of this |
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| |||||||
1 | Section is guilty of a Class A misdemeanor for a
first offense | ||||||
2 | and a Class 4 felony for a subsequent offense; except that a
| ||||||
3 | person licensed under this Code who violates paragraph (5) of | ||||||
4 | subsection (b)
of this Section is
guilty of a business offense | ||||||
5 | and shall be fined not less than $1,000 nor more
than $5,000 | ||||||
6 | for a first offense and is guilty of a Class 4 felony
for a | ||||||
7 | second or subsequent violation.
| ||||||
8 | (e) Any vehicle which is salvage or junk may not be driven | ||||||
9 | or operated
on roads and highways within this State. A | ||||||
10 | violation of this subsection is
a Class A misdemeanor. A | ||||||
11 | salvage vehicle displaying valid special plates
issued under | ||||||
12 | Section 3-601(b) of this Code, which is being driven to or
from | ||||||
13 | an inspection conducted under Section 3-308 of this Code, is | ||||||
14 | exempt
from the provisions of this subsection. A salvage | ||||||
15 | vehicle for which a
short term permit has been issued under | ||||||
16 | Section 3-307 of this Code is
exempt from the provisions of | ||||||
17 | this subsection for the duration of the permit.
| ||||||
18 | (Source: P.A. 95-495, eff. 1-1-08.)
| ||||||
19 | (625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
| ||||||
20 | Sec. 3-118. Application for salvage or junking | ||||||
21 | certificate; contents.
| ||||||
22 | (a) An application for a salvage certificate or junking | ||||||
23 | certificate
shall be made upon the forms prescribed by the | ||||||
24 | Secretary of State and contain:
| ||||||
25 | 1. The name and address of the owner;
|
| |||||||
| |||||||
1 | 2. A description of the vehicle including, so far as | ||||||
2 | the following
data exists: its make, year-model, | ||||||
3 | identifying number, type of body,
whether new or used;
| ||||||
4 | 3. The date of purchase by applicant; and
| ||||||
5 | 4. Any further information reasonably required by the | ||||||
6 | Secretary of State.
| ||||||
7 | (b) The application for salvage certificate must also | ||||||
8 | contain the
current odometer reading and that the stated | ||||||
9 | odometer reading is one of the
following: actual mileage, not | ||||||
10 | the actual mileage or mileage is in
excess of its mechanical | ||||||
11 | limits.
| ||||||
12 | (c) A salvage certificate may be assigned to any person | ||||||
13 | licensed under
this Act as a rebuilder, automotive parts | ||||||
14 | recycler, or scrap processor , or to an
out-of-state salvage | ||||||
15 | vehicle buyer. A salvage certificate for a vehicle that has | ||||||
16 | come from a police impoundment may be assigned to a municipal | ||||||
17 | fire department. A junking certificate may be assigned
to | ||||||
18 | anyone. The provisions for reassignment by dealers under | ||||||
19 | paragraph (a)
of Section 3-113 shall apply to salvage | ||||||
20 | certificates, except as provided
in Section 3-117.2. A salvage | ||||||
21 | certificate may be reassigned to one other
person to whom a | ||||||
22 | salvage certificate may be assigned pursuant to this Section | ||||||
23 | licensed under this Act .
| ||||||
24 | (Source: P.A. 95-301, eff. 1-1-08.)
| ||||||
25 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
|
| |||||||
| |||||||
1 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
2 | (a) No person, other than a licensed new vehicle dealer, | ||||||
3 | shall engage in
the business of selling or dealing in, on | ||||||
4 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
5 | during the year (except house trailers as
authorized by | ||||||
6 | paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||||||
7 | by their rebuilders to persons licensed under this Chapter), or | ||||||
8 | act as
an intermediary, agent or broker for any licensed dealer | ||||||
9 | or vehicle
purchaser (other than as a salesperson) or represent | ||||||
10 | or advertise that he
is so engaged or intends to so engage in | ||||||
11 | such business unless licensed to
do so by the Secretary of | ||||||
12 | State under the provisions of this Section.
| ||||||
13 | (b) An application for a used vehicle dealer's license | ||||||
14 | shall be
filed with the Secretary of State, duly verified by | ||||||
15 | oath, in such form
as the Secretary of State may by rule or | ||||||
16 | regulation prescribe and shall
contain:
| ||||||
17 | 1. The name and type of business organization | ||||||
18 | established and additional
places of business, if any, in | ||||||
19 | this State.
| ||||||
20 | 2. If the applicant is a corporation, a list of its | ||||||
21 | officers,
directors, and shareholders having a ten percent | ||||||
22 | or greater ownership
interest in the corporation, setting | ||||||
23 | forth the residence address of
each; if the applicant is a | ||||||
24 | sole proprietorship, a partnership, an
unincorporated | ||||||
25 | association, a trust, or any similar form of business
| ||||||
26 | organization, the names and residence address of the |
| |||||||
| |||||||
1 | proprietor or of
each partner, member, officer, director, | ||||||
2 | trustee or manager.
| ||||||
3 | 3. A statement that the applicant has been approved for | ||||||
4 | registration
under the Retailers' Occupation Tax Act by the | ||||||
5 | Department of Revenue. However,
this requirement does not | ||||||
6 | apply to a dealer who is already licensed
hereunder with | ||||||
7 | the Secretary of State, and who is merely applying for a
| ||||||
8 | renewal of his license. As evidence of this fact, the | ||||||
9 | application shall be
accompanied by a certification from | ||||||
10 | the Department of Revenue showing that
the Department has | ||||||
11 | approved the applicant for registration under the
| ||||||
12 | Retailers' Occupation Tax Act.
| ||||||
13 | 4. A statement that the applicant has complied with the | ||||||
14 | appropriate
liability insurance requirement. A Certificate | ||||||
15 | of Insurance in a solvent
company authorized to do business | ||||||
16 | in the State of Illinois shall be included
with each | ||||||
17 | application covering each location at which he proposes to | ||||||
18 | act
as a used vehicle dealer. The policy must provide | ||||||
19 | liability coverage in
the minimum amounts of $100,000 for | ||||||
20 | bodily injury to, or death of, any person,
$300,000 for | ||||||
21 | bodily injury to, or death of, two or more persons in any | ||||||
22 | one
accident, and $50,000 for damage to property. Such | ||||||
23 | policy shall expire
not sooner than December 31 of the year | ||||||
24 | for which the license was issued
or renewed. The expiration | ||||||
25 | of the insurance policy shall not terminate
the liability | ||||||
26 | under the policy arising during the period for which the |
| |||||||
| |||||||
1 | policy
was filed. Trailer and mobile home dealers are | ||||||
2 | exempt from this requirement.
| ||||||
3 | If the permitted user has a liability insurance policy | ||||||
4 | that provides
automobile
liability insurance coverage of | ||||||
5 | at least $100,000 for bodily injury to or the
death of any
| ||||||
6 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
7 | or more persons in
any one
accident, and $50,000 for damage | ||||||
8 | to property,
then the permitted user's insurer shall be the | ||||||
9 | primary
insurer and the
dealer's insurer shall be the | ||||||
10 | secondary insurer. If the permitted user does not
have a | ||||||
11 | liability
insurance policy that provides automobile | ||||||
12 | liability insurance coverage of at
least
$100,000 for | ||||||
13 | bodily injury to or the death of any person, $300,000 for | ||||||
14 | bodily
injury to or
the death of any 2 or more persons in | ||||||
15 | any one accident, and $50,000 for damage
to
property, or | ||||||
16 | does not have any insurance at all,
then the
dealer's
| ||||||
17 | insurer shall be the primary insurer and the permitted | ||||||
18 | user's insurer shall be
the secondary
insurer.
| ||||||
19 | When a permitted user is "test driving" a used vehicle | ||||||
20 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
21 | shall be primary and the permitted user's
insurance shall | ||||||
22 | be secondary.
| ||||||
23 | As used in this paragraph 4, a "permitted user" is a | ||||||
24 | person who, with the
permission of the used vehicle dealer | ||||||
25 | or an employee of the used vehicle
dealer, drives a vehicle | ||||||
26 | owned and held for sale or lease by the used vehicle
dealer |
| |||||||
| |||||||
1 | which the person is considering to purchase or lease, in | ||||||
2 | order to
evaluate the performance, reliability, or | ||||||
3 | condition of the vehicle.
The term "permitted user" also | ||||||
4 | includes a person who, with the permission of
the used
| ||||||
5 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
6 | lease by the used
vehicle dealer
for loaner purposes while | ||||||
7 | the user's vehicle is being repaired or evaluated.
| ||||||
8 | As used in this paragraph 4, "test driving" occurs when | ||||||
9 | a permitted user
who,
with the permission of the used | ||||||
10 | vehicle dealer or an employee of the used
vehicle
dealer, | ||||||
11 | drives a vehicle owned and held for sale or lease by a used | ||||||
12 | vehicle
dealer that the person is considering to purchase | ||||||
13 | or lease, in order to
evaluate the performance, | ||||||
14 | reliability, or condition of the
vehicle.
| ||||||
15 | As used in this paragraph 4, "loaner purposes" means | ||||||
16 | when a person who,
with the permission of the used vehicle | ||||||
17 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
18 | the used vehicle dealer while the
user's vehicle is being | ||||||
19 | repaired or evaluated.
| ||||||
20 | 5. An application for a used vehicle dealer's license | ||||||
21 | shall be
accompanied by the following license fees:
| ||||||
22 | $1,000 for applicant's established place of business, | ||||||
23 | and
$50 for
each additional place of business, if any, to | ||||||
24 | which the application
pertains; however, if the | ||||||
25 | application is made after June 15 of any
year, the license | ||||||
26 | fee shall be $500 for applicant's established
place of
|
| |||||||
| |||||||
1 | business plus $25 for each additional place of business, if | ||||||
2 | any,
to
which the application pertains. License fees shall | ||||||
3 | be returnable only in
the event that the application is | ||||||
4 | denied by
the Secretary of State. Of the money received by | ||||||
5 | the Secretary of State as
license fees under this Section | ||||||
6 | for the 2004 licensing year and thereafter, 95%
shall be | ||||||
7 | deposited into the General Revenue Fund.
| ||||||
8 | 6. A statement that the applicant's officers, | ||||||
9 | directors, shareholders
having a 10% or greater ownership | ||||||
10 | interest therein, proprietor, partner,
member, officer, | ||||||
11 | director, trustee, manager or other principals in the
| ||||||
12 | business have not committed in the past 3 years any one | ||||||
13 | violation as
determined in any civil, criminal or | ||||||
14 | administrative proceedings of any one
of the following | ||||||
15 | Acts:
| ||||||
16 | (A) The Anti Theft Laws of the Illinois Vehicle | ||||||
17 | Code;
| ||||||
18 | (B) The Certificate of Title Laws of the Illinois | ||||||
19 | Vehicle Code;
| ||||||
20 | (C) The Offenses against Registration and | ||||||
21 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
22 | Code;
| ||||||
23 | (D) The Dealers, Transporters, Wreckers and | ||||||
24 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
25 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
26 | 1961, Criminal
Trespass to Vehicles; or
|
| |||||||
| |||||||
1 | (F) The Retailers' Occupation Tax Act.
| ||||||
2 | 7. A statement that the applicant's officers, | ||||||
3 | directors,
shareholders having a 10% or greater ownership | ||||||
4 | interest therein,
proprietor, partner, member, officer, | ||||||
5 | director, trustee, manager or
other principals in the | ||||||
6 | business have not committed in any calendar year
3 or more | ||||||
7 | violations, as determined in any civil or criminal or
| ||||||
8 | administrative proceedings, of any one or more of the | ||||||
9 | following Acts:
| ||||||
10 | (A) The Consumer Finance Act;
| ||||||
11 | (B) The Consumer Installment Loan Act;
| ||||||
12 | (C) The Retail Installment Sales Act;
| ||||||
13 | (D) The Motor Vehicle Retail Installment Sales | ||||||
14 | Act;
| ||||||
15 | (E) The Interest Act;
| ||||||
16 | (F) The Illinois Wage Assignment Act;
| ||||||
17 | (G) Part 8 of Article XII of the Code of Civil | ||||||
18 | Procedure; or
| ||||||
19 | (H) The Consumer Fraud Act.
| ||||||
20 | 8. A bond or Certificate of Deposit in the amount of | ||||||
21 | $20,000 for
each location at which the applicant intends to | ||||||
22 | act as a used vehicle
dealer. The bond shall be for the | ||||||
23 | term of the license, or its renewal, for
which application | ||||||
24 | is made, and shall expire not sooner than December 31 of
| ||||||
25 | the year for which the license was issued or renewed. The | ||||||
26 | bond shall run
to the People of the State of Illinois, with |
| |||||||
| |||||||
1 | surety by a bonding or
insurance company authorized to do | ||||||
2 | business in this State. It shall be
conditioned upon the | ||||||
3 | proper transmittal of all title and registration fees
and | ||||||
4 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
5 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
6 | 9. Such other information concerning the business of | ||||||
7 | the applicant as
the Secretary of State may by rule or | ||||||
8 | regulation prescribe.
| ||||||
9 | 10. A statement that the applicant understands Chapter | ||||||
10 | 1 through
Chapter 5 of this Code.
| ||||||
11 | (c) Any change which renders no longer accurate any | ||||||
12 | information
contained in any application for a used vehicle | ||||||
13 | dealer's license shall
be amended within 30 days after the | ||||||
14 | occurrence of each change on such
form as the Secretary of | ||||||
15 | State may prescribe by rule or regulation,
accompanied by an | ||||||
16 | amendatory fee of $2.
| ||||||
17 | (d) Anything in this Chapter to the contrary | ||||||
18 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
19 | dealer unless such person
maintains an established place of | ||||||
20 | business as
defined in this Chapter.
| ||||||
21 | (e) The Secretary of State shall, within a reasonable time | ||||||
22 | after
receipt, examine an application submitted to him under | ||||||
23 | this Section.
Unless the Secretary makes a determination that | ||||||
24 | the application
submitted to him does not conform to this | ||||||
25 | Section or that grounds exist
for a denial of the application | ||||||
26 | under Section 5-501 of this Chapter, he
must grant the |
| |||||||
| |||||||
1 | applicant an original used vehicle dealer's license in
writing | ||||||
2 | for his established place of business and a supplemental | ||||||
3 | license
in writing for each additional place of business in | ||||||
4 | such form as he may
prescribe by rule or regulation which shall | ||||||
5 | include the following:
| ||||||
6 | 1. The name of the person licensed;
| ||||||
7 | 2. If a corporation, the name and address of its | ||||||
8 | officers or if a
sole proprietorship, a partnership, an | ||||||
9 | unincorporated association or any
similar form of business | ||||||
10 | organization, the name and address of the
proprietor or of | ||||||
11 | each partner, member, officer, director, trustee or
| ||||||
12 | manager;
| ||||||
13 | 3. In case of an original license, the established | ||||||
14 | place of business
of the licensee;
| ||||||
15 | 4. In the case of a supplemental license, the | ||||||
16 | established place of
business of the licensee and the | ||||||
17 | additional place of business to which such
supplemental | ||||||
18 | license pertains.
| ||||||
19 | (f) The appropriate instrument evidencing the license or a | ||||||
20 | certified
copy thereof, provided by the Secretary of State | ||||||
21 | shall be kept posted,
conspicuously, in the established place | ||||||
22 | of business of the licensee and
in each additional place of | ||||||
23 | business, if any, maintained by such
licensee.
| ||||||
24 | (g) Except as provided in subsection (h) of this Section, | ||||||
25 | all used
vehicle dealer's licenses granted under this Section | ||||||
26 | expire by operation
of law on December 31 of the calendar year |
| |||||||
| |||||||
1 | for which they are granted
unless sooner revoked or cancelled | ||||||
2 | under Section 5-501 of this Chapter.
| ||||||
3 | (h) A used vehicle dealer's license may be renewed upon | ||||||
4 | application
and payment of the fee required herein, and | ||||||
5 | submission of proof of
coverage by an approved bond under the | ||||||
6 | "Retailers' Occupation Tax Act"
or proof that applicant is not | ||||||
7 | subject to such bonding requirements, as
in the case of an | ||||||
8 | original license, but in case an application for the
renewal of | ||||||
9 | an effective license is made during the month of December,
the | ||||||
10 | effective license shall remain in force until the application | ||||||
11 | for
renewal is granted or denied by the Secretary of State.
| ||||||
12 | (i) All persons licensed as a used vehicle dealer are | ||||||
13 | required to
furnish each purchaser of a motor vehicle:
| ||||||
14 | 1. A certificate of title properly assigned to the | ||||||
15 | purchaser;
| ||||||
16 | 2. A statement verified under oath that all identifying | ||||||
17 | numbers on
the vehicle agree with those on the certificate | ||||||
18 | of title;
| ||||||
19 | 3. A bill of sale properly executed on behalf of such | ||||||
20 | person;
| ||||||
21 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
22 | return
referred to in Section 5-402 of this Chapter;
| ||||||
23 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
24 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
25 | 6. In the case of a vehicle for which the warranty has | ||||||
26 | been reinstated, a
copy of the warranty.
|
| |||||||
| |||||||
1 | (j) A real estate broker holding a valid certificate of | ||||||
2 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
3 | Salesmen License Act" may engage
in the business of selling or | ||||||
4 | dealing in house trailers not his own without
being licensed as | ||||||
5 | a used vehicle dealer under this Section; however such
broker | ||||||
6 | shall maintain a record of the transaction including the | ||||||
7 | following:
| ||||||
8 | (1) the name and address of the buyer and seller,
| ||||||
9 | (2) the date of sale,
| ||||||
10 | (3) a description of the mobile home, including the | ||||||
11 | vehicle identification
number, make, model, and year, and
| ||||||
12 | (4) the Illinois certificate of title number.
| ||||||
13 | The foregoing records shall be available for inspection by | ||||||
14 | any officer
of the Secretary of State's Office at any | ||||||
15 | reasonable hour.
| ||||||
16 | (k) Except at the time of sale or repossession of the | ||||||
17 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
18 | any other person a newly
created key to a vehicle unless the | ||||||
19 | used vehicle dealer makes a copy of the
driver's license or | ||||||
20 | State identification card of the person requesting or
obtaining | ||||||
21 | the newly created key. The used vehicle dealer must retain the
| ||||||
22 | copy for 30 days.
| ||||||
23 | A used vehicle dealer who violates this subsection (k) is | ||||||
24 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
25 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
26 | used vehicle dealer's license. |
| |||||||
| |||||||
1 | (l) Used vehicle dealers licensed under this Section shall | ||||||
2 | provide the Secretary of State a register for the sale at | ||||||
3 | auction of each salvage or junk certificate vehicle. Each | ||||||
4 | register shall include the following information: | ||||||
5 | 1. The year, make, model, style and color of the | ||||||
6 | vehicle; | ||||||
7 | 2. The vehicle's manufacturer's identification number | ||||||
8 | or, if applicable, the Secretary of State or Illinois | ||||||
9 | Department of State Police identification number; | ||||||
10 | 3. The date of acquisition of the vehicle; | ||||||
11 | 4. The name and address of the person from whom the | ||||||
12 | vehicle was acquired; | ||||||
13 | 5. The name and address of the person to whom any | ||||||
14 | vehicle was disposed, the person's Illinois license number | ||||||
15 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
16 | the license number from the state or jurisdiction where the | ||||||
17 | buyer is licensed; and | ||||||
18 | 6. The purchase price of the vehicle. | ||||||
19 | The register shall be submitted to the Secretary of State | ||||||
20 | via written or electronic means within 10 calendar days from | ||||||
21 | the date of the auction.
| ||||||
22 | (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32, | ||||||
23 | eff. 7-1-03.)
| ||||||
24 | (625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)
| ||||||
25 | Sec. 5-302. Out-of-state salvage vehicle buyer must be |
| |||||||
| |||||||
1 | licensed. (a) No
person in this State shall sell or offer at | ||||||
2 | auction salvage vehicles to a
nonresident who is not licensed | ||||||
3 | in another state or jurisdiction. has not been issued an | ||||||
4 | out-of-state salvage vehicle buyer's
ID card from the Secretary | ||||||
5 | of State under this Section. To qualify for this
ID card, the | ||||||
6 | applicant shall submit with the application an out-of-state
| ||||||
7 | dealer license which is issued by the applicant's state and is
| ||||||
8 | substantially equivalent to that of a rebuilder, automotive | ||||||
9 | parts recycler
or scrap processor, as licensed under this Code.
| ||||||
10 | (b) (Blank) Any application filed with the Secretary of | ||||||
11 | State, shall be duly
verified by oath, in such form as the | ||||||
12 | Secretary of State may by rule or
regulation prescribe .
| ||||||
13 | (c) (Blank) An application for an out-of-state ID card | ||||||
14 | shall be accompanied by a
fee of $100; provided however, that | ||||||
15 | if an application is made after June
15 of
any year, the ID | ||||||
16 | card fee shall be $50. Any fees shall be returnable only
in the | ||||||
17 | event that such application is denied by the Secretary of | ||||||
18 | State .
| ||||||
19 | (d) (Blank) The Secretary of State shall within a | ||||||
20 | reasonable time after receipt
thereof, examine an application | ||||||
21 | submitted to him under this Section and
unless he makes a | ||||||
22 | determination that the application submitted to him does
not | ||||||
23 | conform with the requirements of this Section or that grounds | ||||||
24 | exist for
a denial of the application, as prescribed in Section | ||||||
25 | 5-501 of this Chapter,
grant the applicant an out-of-state | ||||||
26 | salvage vehicle buyer's ID card .
|
| |||||||
| |||||||
1 | (e) (Blank) Except as provided in subsection (f) of this | ||||||
2 | Section, licenses
granted under this Section shall expire by | ||||||
3 | operation of law on December 31
of the calendar year for which | ||||||
4 | they are granted unless revoked or cancelled
under the | ||||||
5 | provisions of Section 5-501 of this Chapter .
| ||||||
6 | (f) (Blank) Any license granted under this Section may be | ||||||
7 | renewed upon
application and payment of the fee required for an | ||||||
8 | original license,
provided however, that where an application | ||||||
9 | for the renewal of a license
is made during the month of | ||||||
10 | December, the license in effect at the time of
application for | ||||||
11 | renewal shall remain in force until such application is
granted | ||||||
12 | or denied by the Secretary of State .
| ||||||
13 | (g) An out-of-state salvage vehicle buyer shall be subject | ||||||
14 | to the
inspection of records pertaining to the acquisition of | ||||||
15 | salvage vehicles in
this State in accordance with this Code and | ||||||
16 | such rules as the Secretary of
State may promulgate.
| ||||||
17 | (h) (Blank) Beginning July 1, 1988, the application filed | ||||||
18 | with the Secretary of
State shall also contain:
| ||||||
19 | 1. The name and type of business organization of the | ||||||
20 | applicant and
his principal or other places of business;
| ||||||
21 | 2. If the applicant is a corporation, a list of its | ||||||
22 | officers,
directors, and shareholders having a 10% or greater | ||||||
23 | ownership
interest in the corporation, setting forth the | ||||||
24 | residence address of each;
if the applicant is a sole | ||||||
25 | proprietorship, a partnership, an unincorporated
association, | ||||||
26 | a trust, or any similar form of business organization, the
|
| |||||||
| |||||||
1 | names and residence address of the proprietor, or of each | ||||||
2 | partner, member,
officer, director, trustee or manager;
| ||||||
3 | 3. A statement that the applicant's officers, directors, | ||||||
4 | shareholders
having a 10% or greater ownership interest | ||||||
5 | therein, proprietor,
partner, member, officer, director, | ||||||
6 | trustee, manager, or other principals
in the business have not | ||||||
7 | committed in the past 3 years any one
violation as determined | ||||||
8 | in any civil or criminal or administrative
proceedings of any | ||||||
9 | one of the following Acts:
| ||||||
10 | (A) The "Anti Theft Laws" of the Illinois Vehicle Code;
| ||||||
11 | (B) The "Certificate of Title Laws" of the Illinois Vehicle | ||||||
12 | Code;
| ||||||
13 | (C) The "Offenses against Registration and Certificates of | ||||||
14 | Title Laws"
of the Illinois Vehicle Code;
| ||||||
15 | (D) The "Dealers, Transporters, Wreckers and Rebuilders | ||||||
16 | Laws" of the
Illinois Vehicle Code;
| ||||||
17 | (E) Section 21-2 of the Criminal Code of 1961, Criminal | ||||||
18 | Trespass to Vehicles; or
| ||||||
19 | (F) The "Retailers Occupation Tax Act";
| ||||||
20 | 4. A statement that the applicant's officers, directors, | ||||||
21 | shareholders
having a 10% or greater ownership interest | ||||||
22 | therein, proprietor,
partner, member, officer, director, | ||||||
23 | trustee, manager or other principals
in the business have not | ||||||
24 | committed in any calendar year 3
or more violations, as | ||||||
25 | determined in any civil or criminal or administrative
| ||||||
26 | proceedings, of any one or more of the following Acts:
|
| |||||||
| |||||||
1 | (A) The "Consumer Finance Act";
| ||||||
2 | (B) The "Consumer Installment Loan Act";
| ||||||
3 | (C) The "Retail Installment Sales Act";
| ||||||
4 | (D) The "Motor Vehicle Retail Installment Sales Act";
| ||||||
5 | (E) "An Act in relation to the rate of interest and other | ||||||
6 | charges in
connection with sales on credit and the lending of | ||||||
7 | money", approved May 24,
1879, as amended;
| ||||||
8 | (F) "An Act to promote the welfare of wage earners by | ||||||
9 | regulating the
assignment of wages, and prescribing a penalty | ||||||
10 | for the violation thereof",
approved July 1, 1935, as amended;
| ||||||
11 | (G) Part 8 of Article XII of the Code of Civil Procedure; | ||||||
12 | or
| ||||||
13 | (H) The "Consumer Fraud Act"; and
| ||||||
14 | 5. A statement that the applicant understands Chapters 1 | ||||||
15 | through
5 of this Code .
| ||||||
16 | (i) (Blank) Any change which renders no longer accurate any | ||||||
17 | information
contained in any application for a license filed | ||||||
18 | with the Secretary of
State shall be amended within 30 days | ||||||
19 | after the occurrence of such
change on such form as the | ||||||
20 | Secretary of State may prescribe by rule or
regulation, | ||||||
21 | accompanied by an amendatory fee of $2 .
| ||||||
22 | (Source: P.A. 86-444.)
| ||||||
23 | (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
| ||||||
24 | Sec. 5-403. (1) Authorized representatives of the | ||||||
25 | Secretary of State
including officers of the Secretary of |
| |||||||
| |||||||
1 | State's Department of Police, other
peace officers, and such | ||||||
2 | other individuals as the Secretary may designate
from time to | ||||||
3 | time shall make inspections of individuals and facilities | ||||||
4 | licensed
or required to be licensed under Chapter 5 of the | ||||||
5 | Illinois Vehicle Code
for the purpose of reviewing records | ||||||
6 | required to be maintained under
Chapter 5 for accuracy and | ||||||
7 | completeness and reviewing and examining the
premises of the | ||||||
8 | licensee's established or additional place of business
for the | ||||||
9 | purpose of determining the accuracy of the required records.
| ||||||
10 | Premises that may be inspected in order to determine the | ||||||
11 | accuracy of the
books and records required to be kept includes | ||||||
12 | all premises used by the
licensee to store vehicles and parts | ||||||
13 | that are reflected by the required books and records.
| ||||||
14 | (2) Persons having knowledge of or conducting inspections | ||||||
15 | pursuant to
this Chapter shall not in advance of such | ||||||
16 | inspections knowingly notify a
licensee or representative of a | ||||||
17 | licensee of the contemplated inspection
unless the Secretary or | ||||||
18 | an individual designated by him for this purpose
authorizes | ||||||
19 | such notification. Any individual who, without authorization,
| ||||||
20 | knowingly violates this subparagraph shall be guilty of a Class | ||||||
21 | A misdemeanor.
| ||||||
22 | (3) The licensee or a representative of the licensee shall | ||||||
23 | be entitled
to be present during an inspection conducted | ||||||
24 | pursuant to Chapter 5, however,
the presence of the licensee or | ||||||
25 | an authorized representative of the licensee
is not a condition | ||||||
26 | precedent to such an inspection.
|
| |||||||
| |||||||
1 | (4) Inspection conducted pursuant to Chapter 5 may be | ||||||
2 | initiated at any
time that business is being conducted or work | ||||||
3 | is being performed, whether
or not open to the public or when | ||||||
4 | the licensee or a representative of the
licensee, other than a | ||||||
5 | mere custodian or watchman, is present. The fact
that a | ||||||
6 | licensee or representative of the licensee leaves the licensed | ||||||
7 | premises
after an inspection has been initiated shall not | ||||||
8 | require the termination
of the inspection.
| ||||||
9 | (5) Any inspection conducted pursuant to Chapter 5 shall | ||||||
10 | not continue
for more than 24 hours after initiation.
| ||||||
11 | (6) In the event information comes to the attention of the | ||||||
12 | individuals
conducting an inspection that may give rise to the | ||||||
13 | necessity of obtaining
a search warrant, and in the event steps | ||||||
14 | are initiated for the procurement
of a search warrant, the | ||||||
15 | individuals conducting such inspection may take
all necessary | ||||||
16 | steps to secure the premises under inspection until the warrant
| ||||||
17 | application is acted upon by a judicial officer.
| ||||||
18 | (7) No more than 6 inspections of a premises may be | ||||||
19 | conducted pursuant
to Chapter 5 within any 6 month period | ||||||
20 | except pursuant to a search warrant.
Notwithstanding this | ||||||
21 | limitation, nothing in this subparagraph (7) shall be
construed | ||||||
22 | to limit the authority of law enforcement agents to respond to
| ||||||
23 | public complaints of violations of the Code. For the purpose of | ||||||
24 | this
subparagraph (7), a public complaint is one in which the | ||||||
25 | complainant identifies
himself or herself and sets forth, in | ||||||
26 | writing, the specific basis for their
complaint against the |
| |||||||
| |||||||
1 | licensee. For the purpose of this subparagraph (7), the | ||||||
2 | inspection of records pertaining only to scrap metals, as | ||||||
3 | provided in subdivision (a)(5) of Section 5-401.3 of this Code, | ||||||
4 | shall not be counted as an inspection of a premises.
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5 | (8) Nothing in this Section shall be construed to limit the | ||||||
6 | authority
of individuals by the Secretary pursuant to this | ||||||
7 | Section to conduct searches
of licensees pursuant to a duly | ||||||
8 | issued and authorized search warrant.
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9 | (9) Any licensee who, having been informed by a person | ||||||
10 | authorized to
make inspections and examine records under this | ||||||
11 | Section that he desires to
inspect records and the licensee's | ||||||
12 | premises as authorized by this Section,
refuses either to | ||||||
13 | produce for that person records required to be kept by
this | ||||||
14 | Chapter or to permit such authorized person to make an | ||||||
15 | inspection of
the premises in accordance with this Section | ||||||
16 | shall subject the license to
immediate suspension by the | ||||||
17 | Secretary of State.
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18 | (10) Beginning July 1, 1988, any person referenced licensed | ||||||
19 | under Section 5-302 shall
produce for inspection upon demand | ||||||
20 | those records pertaining to the
acquisition of salvage vehicles | ||||||
21 | in this State. This inspection may be
conducted at the | ||||||
22 | principal offices of the Secretary of State.
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23 | (Source: P.A. 95-253, eff. 1-1-08.)
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24 | (625 ILCS 5/5-702) (from Ch. 95 1/2, par. 5-702)
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25 | Sec. 5-702. No person shall engage in the business of |
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1 | auctioning any
vehicles for which a salvage certificate is | ||||||
2 | required by law
except to a bidder who is an out-of-state | ||||||
3 | salvage vehicle buyer or who is properly licensed
as a | ||||||
4 | rebuilder, automotive parts recycler, or scrap processor or | ||||||
5 | out-of-state
salvage buyer , as required by Section Sections | ||||||
6 | 5-301 and 5-302 of this Chapter.
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7 | (Source: P.A. 89-663, eff. 8-14-96.)
|