97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3521

 

Introduced 2/8/2012, by Sen. Mike Jacobs

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code. Provides that beginning January 1, 2013, the Secretary of State is authorized to collect for deposit into the Motor Vehicle License Plate Fund a delinquent vehicle dealer transfer fee in the following amounts: $20 if the certificate of title is received 30 days after the date of sale; $35 if received after 60 days; $65 if received after 90 days; $100 if received after 120 days. Provides that prior to issuance of a certificate of title, a homemade trailer must be inspected by a Secretary of State employee (instead of by a Secretary of State investigator). Provides that the Secretary may issue a dealer lien release certificate of title for a fee of $20, provided certain conditions are met. Provides that the Secretary may deny, revoke, or suspend the dealer license of a licensee who has failed to pay, within 90 days after notice has been given, any fine or fee owed as a result of an administrative citation issued by the Secretary. Increases the fine for operating a business after having failed to obtain a license from $300 to $500 per day. Increases the fine for operating a business with a revoked, suspended, denied, or cancelled license from $500 to $1000 per day. Provides that instead of filing a criminal complaint against an entity licensed by the Secretary, a Secretary of State Police investigator may issue administrative citations for violations of statutes or rules concerning dealers, transporters, wreckers and rebuilders. Contains procedural requirements concerning the issuance of administrative citations. Provides that the penalty imposed by issuance of an administrative citation shall not exceed $50 per violation. Provides that penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund. Effective immediately.


LRB097 19811 HEP 65504 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3521LRB097 19811 HEP 65504 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 2-119, 3-104, 3-113, 3-821, 5-501, 5-503, and 5-801
6and by adding Section 5-803 as follows:
 
7    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
8    Sec. 2-119. Disposition of fees and taxes.
9    (a) All moneys received from Salvage Certificates shall be
10deposited in the Common School Fund in the State Treasury.
11    (b) Beginning January 1, 1990 and concluding December 31,
121994, of the money collected for each certificate of title,
13duplicate certificate of title and corrected certificate of
14title, $0.50 shall be deposited into the Used Tire Management
15Fund. Beginning January 1, 1990 and concluding December 31,
161994, of the money collected for each certificate of title,
17duplicate certificate of title and corrected certificate of
18title, $1.50 shall be deposited in the Park and Conservation
19Fund.
20    Beginning January 1, 1995, of the money collected for each
21certificate of title, duplicate certificate of title and
22corrected certificate of title, $2 shall be deposited in the
23Park and Conservation Fund. The moneys deposited in the Park

 

 

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1and Conservation Fund pursuant to this Section shall be used
2for the acquisition and development of bike paths as provided
3for in Section 805-420 of the Department of Natural Resources
4(Conservation) Law (20 ILCS 805/805-420).
5    Beginning January 1, 2000, of the moneys collected for each
6certificate of title, duplicate certificate of title, and
7corrected certificate of title, $48 shall be deposited into the
8Road Fund and $4 shall be deposited into the Motor Vehicle
9License Plate Fund, except that if the balance in the Motor
10Vehicle License Plate Fund exceeds $40,000,000 on the last day
11of a calendar month, then during the next calendar month the $4
12shall instead be deposited into the Road Fund.
13    Beginning January 1, 2005, of the moneys collected for each
14delinquent vehicle registration renewal fee, $20 shall be
15deposited into the General Revenue Fund.
16    Beginning January 1, 2013, the moneys collected for each
17delinquent vehicle dealer transfer fee shall be deposited into
18the Motor Vehicle License Plate Fund.
19    Except as otherwise provided in this Code, all remaining
20moneys collected for certificates of title, and all moneys
21collected for filing of security interests, shall be placed in
22the General Revenue Fund in the State Treasury.
23    (c) All moneys collected for that portion of a driver's
24license fee designated for driver education under Section 6-118
25shall be placed in the Driver Education Fund in the State
26Treasury.

 

 

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1    (d) Beginning January 1, 1999, of the monies collected as a
2registration fee for each motorcycle, motor driven cycle and
3moped, 27% of each annual registration fee for such vehicle and
427% of each semiannual registration fee for such vehicle is
5deposited in the Cycle Rider Safety Training Fund.
6    (e) Of the monies received by the Secretary of State as
7registration fees or taxes or as payment of any other fee, as
8provided in this Act, except fees received by the Secretary
9under paragraph (7) of subsection (b) of Section 5-101 and
10Section 5-109 of this Code, 37% shall be deposited into the
11State Construction Fund.
12    (f) Of the total money collected for a CDL instruction
13permit or original or renewal issuance of a commercial driver's
14license (CDL) pursuant to the Uniform Commercial Driver's
15License Act (UCDLA): (i) $6 of the total fee for an original or
16renewal CDL, and $6 of the total CDL instruction permit fee
17when such permit is issued to any person holding a valid
18Illinois driver's license, shall be paid into the
19CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
20Information System/American Association of Motor Vehicle
21Administrators network Trust Fund) and shall be used for the
22purposes provided in Section 6z-23 of the State Finance Act and
23(ii) $20 of the total fee for an original or renewal CDL or
24commercial driver instruction permit shall be paid into the
25Motor Carrier Safety Inspection Fund, which is hereby created
26as a special fund in the State Treasury, to be used by the

 

 

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1Department of State Police, subject to appropriation, to hire
2additional officers to conduct motor carrier safety
3inspections pursuant to Chapter 18b of this Code.
4    (g) All remaining moneys received by the Secretary of State
5as registration fees or taxes or as payment of any other fee,
6as provided in this Act, except fees received by the Secretary
7under paragraph (7)(A) of subsection (b) of Section 5-101 and
8Section 5-109 of this Code, shall be deposited in the Road Fund
9in the State Treasury. Moneys in the Road Fund shall be used
10for the purposes provided in Section 8.3 of the State Finance
11Act.
12    (h) (Blank).
13    (i) (Blank).
14    (j) (Blank).
15    (k) There is created in the State Treasury a special fund
16to be known as the Secretary of State Special License Plate
17Fund. Money deposited into the Fund shall, subject to
18appropriation, be used by the Office of the Secretary of State
19(i) to help defray plate manufacturing and plate processing
20costs for the issuance and, when applicable, renewal of any new
21or existing registration plates authorized under this Code and
22(ii) for grants made by the Secretary of State to benefit
23Illinois Veterans Home libraries.
24    On or before October 1, 1995, the Secretary of State shall
25direct the State Comptroller and State Treasurer to transfer
26any unexpended balance in the Special Environmental License

 

 

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1Plate Fund, the Special Korean War Veteran License Plate Fund,
2and the Retired Congressional License Plate Fund to the
3Secretary of State Special License Plate Fund.
4    (l) The Motor Vehicle Review Board Fund is created as a
5special fund in the State Treasury. Moneys deposited into the
6Fund under paragraph (7) of subsection (b) of Section 5-101 and
7Section 5-109 shall, subject to appropriation, be used by the
8Office of the Secretary of State to administer the Motor
9Vehicle Review Board, including without limitation payment of
10compensation and all necessary expenses incurred in
11administering the Motor Vehicle Review Board under the Motor
12Vehicle Franchise Act.
13    (m)  Effective July 1, 1996, there is created in the State
14Treasury a special fund to be known as the Family
15Responsibility Fund. Moneys deposited into the Fund shall,
16subject to appropriation, be used by the Office of the
17Secretary of State for the purpose of enforcing the Family
18Financial Responsibility Law.
19    (n) The Illinois Fire Fighters' Memorial Fund is created as
20a special fund in the State Treasury. Moneys deposited into the
21Fund shall, subject to appropriation, be used by the Office of
22the State Fire Marshal for construction of the Illinois Fire
23Fighters' Memorial to be located at the State Capitol grounds
24in Springfield, Illinois. Upon the completion of the Memorial,
25moneys in the Fund shall be used in accordance with Section
263-634.

 

 

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1    (o) Of the money collected for each certificate of title
2for all-terrain vehicles and off-highway motorcycles, $17
3shall be deposited into the Off-Highway Vehicle Trails Fund.
4    (p) For audits conducted on or after July 1, 2003 pursuant
5to Section 2-124(d) of this Code, 50% of the money collected as
6audit fees shall be deposited into the General Revenue Fund.
7(Source: P.A. 96-554, eff. 1-1-10.)
 
8    (625 ILCS 5/3-104)  (from Ch. 95 1/2, par. 3-104)
9    Sec. 3-104. Application for certificate of title.
10    (a) The application for a certificate of title for a
11vehicle in this State must be made by the owner to the
12Secretary of State on the form prescribed and must contain:
13        1. The name, Illinois residence and mail address of the
14    owner;
15        2. A description of the vehicle including, so far as
16    the following data exists: Its make, year-model,
17    identifying number, type of body, whether new or used, as
18    to house trailers as defined in Section 1-128 of this Code,
19    the square footage of the house trailer based upon the
20    outside dimensions of the house trailer excluding the
21    length of the tongue and hitch, and, as to vehicles of the
22    second division, whether for-hire, not-for-hire, or both
23    for-hire and not-for-hire;
24        3. The date of purchase by applicant and, if
25    applicable, the name and address of the person from whom

 

 

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1    the vehicle was acquired and the names and addresses of any
2    lienholders in the order of their priority and signatures
3    of owners;
4        4. The current odometer reading at the time of transfer
5    and that the stated odometer reading is one of the
6    following: actual mileage, not the actual mileage or
7    mileage is in excess of its mechanical limits; and
8        5. Any further information the Secretary of State
9    reasonably requires to identify the vehicle and to enable
10    him to determine whether the owner is entitled to a
11    certificate of title and the existence or nonexistence of
12    security interests in the vehicle.
13    (a-5) The Secretary of State shall designate on the
14prescribed application form a space where the owner of a
15vehicle may designate a beneficiary, to whom ownership of the
16vehicle shall pass in the event of the owner's death.
17    (b) If the application refers to a vehicle purchased from a
18dealer, it must also be signed by the dealer as well as the
19owner, and the dealer must promptly mail or deliver the
20application and required documents to the Secretary of State.
21    (c) If the application refers to a vehicle last previously
22registered in another State or country, the application must
23contain or be accompanied by:
24        1. Any certified document of ownership so recognized
25    and issued by the other State or country and acceptable to
26    the Secretary of State, and

 

 

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1        2. Any other information and documents the Secretary of
2    State reasonably requires to establish the ownership of the
3    vehicle and the existence or nonexistence of security
4    interests in it.
5    (d) If the application refers to a new vehicle it must be
6accompanied by the Manufacturer's Statement of Origin, or other
7documents as required and acceptable by the Secretary of State,
8with such assignments as may be necessary to show title in the
9applicant.
10    (e) If an application refers to a vehicle rebuilt from a
11vehicle previously salvaged, that application shall comply
12with the provisions set forth in Sections 3-302 through 3-304
13of this Code.
14    (f) An application for a certificate of title for any
15vehicle, whether purchased in Illinois or outside Illinois, and
16even if previously registered in another State, must be
17accompanied by either an exemption determination from the
18Department of Revenue showing that no tax imposed pursuant to
19the Use Tax Act or the vehicle use tax imposed by Section
203-1001 of the Illinois Vehicle Code is owed by anyone with
21respect to that vehicle, or a receipt from the Department of
22Revenue showing that any tax so imposed has been paid. An
23application for a certificate of title for any vehicle
24purchased outside Illinois, even if previously registered in
25another state, must be accompanied by either an exemption
26determination from the Department of Revenue showing that no

 

 

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1tax imposed pursuant to the Municipal Use Tax Act or the County
2Use Tax Act is owed by anyone with respect to that vehicle, or
3a receipt from the Department of Revenue showing that any tax
4so imposed has been paid. In the absence of such a receipt for
5payment or determination of exemption from the Department, no
6certificate of title shall be issued to the applicant.
7    If the proof of payment of the tax or of nonliability
8therefor is, after the issuance of the certificate of title and
9display certificate of title, found to be invalid, the
10Secretary of State shall revoke the certificate and require
11that the certificate of title and, when applicable, the display
12certificate of title be returned to him.
13    (g) If the application refers to a vehicle not manufactured
14in accordance with federal safety and emission standards, the
15application must be accompanied by all documents required by
16federal governmental agencies to meet their standards before a
17vehicle is allowed to be issued title and registration.
18    (h) If the application refers to a vehicle sold at public
19sale by a sheriff, it must be accompanied by the required fee
20and a bill of sale issued and signed by a sheriff. The bill of
21sale must identify the new owner's name and address, the year
22model, make and vehicle identification number of the vehicle,
23court order document number authorizing such sale, if
24applicable, and the name and address of any lienholders in
25order of priority, if applicable.
26    (i) If the application refers to a vehicle for which a

 

 

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1court of law determined the ownership, it must be accompanied
2with a certified copy of such court order and the required fee.
3The court order must indicate the new owner's name and address,
4the complete description of the vehicle, if known, the name and
5address of the lienholder, if any, and must be signed and dated
6by the judge issuing such order.
7    (j) If the application refers to a vehicle sold at public
8auction pursuant to the Labor and Storage Lien (Small Amount)
9Act, it must be accompanied by an affidavit or affirmation
10furnished by the Secretary of State along with the documents
11described in the affidavit or affirmation and the required fee.
12    (k) The Secretary may provide an expedited process for the
13issuance of vehicle titles. Expedited title applications must
14be delivered to the Secretary of State's Vehicle Services
15Department in Springfield by express mail service or hand
16delivery. Applications must be complete, including necessary
17forms, fees, and taxes. Applications received before noon on a
18business day will be processed and shipped that same day.
19Applications received after noon on a business day will be
20processed and shipped the next business day. The Secretary
21shall charge an additional fee of $30 for this service, and
22that fee shall cover the cost of return shipping via an express
23mail service. All fees collected by the Secretary of State for
24expedited services shall be deposited into the Motor Vehicle
25License Plate Fund. In the event the Vehicle Services
26Department determines that the volume of expedited title

 

 

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1requests received on a given day exceeds the ability of the
2Vehicle Services Department to process those requests in an
3expedited manner, the Vehicle Services Department may decline
4to provide expedited services, and the additional fee for the
5expedited service shall be refunded to the applicant.
6    (l) If the application refers to a homemade trailer, (i) it
7must be accompanied by the appropriate documentation regarding
8the source of materials used in the construction of the
9trailer, as required by the Secretary of State, (ii) the
10trailer must be inspected by a Secretary of State employee
11investigator, as described in Section 2-115 of this Code, prior
12to the issuance of the title, and (iii) upon approval of the
13Secretary of State, the trailer must have a vehicle
14identification number, as provided by the Secretary of State,
15stamped or riveted to the frame.
16(Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554,
17eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
18    (625 ILCS 5/3-113)  (from Ch. 95 1/2, par. 3-113)
19    Sec. 3-113. Transfer to or from dealer; records.
20    (a) After a dealer buys a vehicle and holds it for resale,
21the dealer must procure the certificate of title from the owner
22or the lienholder. The dealer may hold the certificate until he
23or she transfers the vehicle to another person. Upon
24transferring the vehicle to another person, the dealer shall
25promptly and within 20 days execute the assignment and warranty

 

 

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1of title by a dealer, showing the names and addresses of the
2transferee and of any lienholder holding a security interest
3created or reserved at the time of the resale, in the spaces
4provided therefor on the certificate or as the Secretary of
5State prescribes, and mail or deliver the certificate to the
6Secretary of State with the transferee's application for a new
7certificate, except as provided in Section 3-117.2. A dealer
8has complied with this Section if the date of the mailing of
9the certificate, as indicated by the postmark, is within 20
10days of the date on which the vehicle was transferred to
11another person.
12    (b) The Secretary of State may decline to process any
13application for a transfer of an interest in a vehicle if any
14fees or taxes due under this Code from the transferor or the
15transferee have not been paid upon reasonable notice and
16demand.
17    (c) Any person who violates this Section shall be guilty of
18a petty offense.
19    (d) Beginning January 1, 2013, the Secretary is authorized
20to impose a delinquent vehicle dealer transfer fee of $20 if
21the certificate of title is received by the Secretary 30 days
22after the date of sale. If the certificate of title is received
23by the Secretary from the dealer 60 days after the date of
24sale, the delinquent vehicle dealer transfer fee shall be $35.
25If the certificate of title is received by the Secretary from
26the dealer 90 days after the date of sale, the delinquent

 

 

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1vehicle dealer transfer free shall be $65. If the certificate
2of title is received by the Secretary from the dealer 120 days
3or more after the date of the sale, the delinquent vehicle
4dealer transfer fee shall be $100.
5(Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)
 
6    (625 ILCS 5/3-821)  (from Ch. 95 1/2, par. 3-821)
7    Sec. 3-821. Miscellaneous Registration and Title Fees.
8    (a) The fee to be paid to the Secretary of State for the
9following certificates, registrations or evidences of proper
10registration, or for corrected or duplicate documents shall be
11in accordance with the following schedule:
12    Certificate of Title, except for an all-terrain
13vehicle or off-highway motorcycle$95
14    Certificate of Title for an all-terrain vehicle
15or off-highway motorcycle$30
16    Certificate of Title for an all-terrain vehicle
17or off-highway motorcycle used for production
18agriculture, or accepted by a dealer in trade13
19    Certificate of Title for a low-speed vehicle30
20    Transfer of Registration or any evidence of
21proper registration $25
22    Duplicate Registration Card for plates or other
23evidence of proper registration3
24    Duplicate Registration Sticker or Stickers, each20
25    Duplicate Certificate of Title95

 

 

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1    Corrected Registration Card or Card for other
2evidence of proper registration3
3    Corrected Certificate of Title95
4    Salvage Certificate4
5    Fleet Reciprocity Permit15
6    Prorate Decal1
7    Prorate Backing Plate3
8    Special Corrected Certificate of Title15
9    Expedited Title Service (to be charged in addition
10to other applicable fees)30
11    Dealer Lien Release Certificate of Title 20
12    A special corrected certificate of title shall be issued
13(i) to remove a co-owner's name due to the death of the
14co-owner or due to a divorce or (ii) to change a co-owner's
15name due to a marriage.
16    There shall be no fee paid for a Junking Certificate.
17    There shall be no fee paid for a certificate of title
18issued to a county when the vehicle is forfeited to the county
19under Article 36 of the Criminal Code of 1961.
20    (a-5) The Secretary of State may revoke a certificate of
21title and registration card and issue a corrected certificate
22of title and registration card, at no fee to the vehicle owner
23or lienholder, if there is proof that the vehicle
24identification number is erroneously shown on the original
25certificate of title.
26    (a-10) The Secretary of State may issue, in connection with

 

 

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1the sale of a motor vehicle, a corrected title to a motor
2vehicle dealer upon application and submittal of a lien release
3letter from the lienholder listed in the files of the
4Secretary. In the case of a title issued by another state, the
5dealer must submit proof from the state that issued the last
6title. The corrected title, which shall be known as a dealer
7lien release certificate of title, shall be issued in the name
8of the vehicle owner without the named lienholder. If the motor
9vehicle is currently titled in a state other than Illinois, the
10applicant must submit either (i) a letter from the current
11lienholder releasing the lien and stating that the lienholder
12has possession of the title; or (ii) a letter from the current
13lienholder releasing the lien and a copy of the records of the
14department of motor vehicles for the state in which the vehicle
15is titled, showing that the vehicle is titled in the name of
16the applicant and that no liens are recorded other than the
17lien for which a release has been submitted. The fee for the
18dealer lien release certificate of title is $20.
19    (b) The Secretary may prescribe the maximum service charge
20to be imposed upon an applicant for renewal of a registration
21by any person authorized by law to receive and remit or
22transmit to the Secretary such renewal application and fees
23therewith.
24    (c) If a check is delivered to the Office of the Secretary
25of State as payment of any fee or tax under this Code, and such
26check is not honored by the bank on which it is drawn for any

 

 

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1reason, the registrant or other person tendering the check
2remains liable for the payment of such fee or tax. The
3Secretary of State may assess a service charge of $19 in
4addition to the fee or tax due and owing for all dishonored
5checks.
6    If the total amount then due and owing exceeds the sum of
7$50 and has not been paid in full within 60 days from the date
8such fee or tax became due to the Secretary of State, the
9Secretary of State shall assess a penalty of 25% of such amount
10remaining unpaid.
11    All amounts payable under this Section shall be computed to
12the nearest dollar.
13    (d) The minimum fee and tax to be paid by any applicant for
14apportionment of a fleet of vehicles under this Code shall be
15$15 if the application was filed on or before the date
16specified by the Secretary together with fees and taxes due. If
17an application and the fees or taxes due are filed after the
18date specified by the Secretary, the Secretary may prescribe
19the payment of interest at the rate of 1/2 of 1% per month or
20fraction thereof after such due date and a minimum of $8.
21    (e) Trucks, truck tractors, truck tractors with loads, and
22motor buses, any one of which having a combined total weight in
23excess of 12,000 lbs. shall file an application for a Fleet
24Reciprocity Permit issued by the Secretary of State. This
25permit shall be in the possession of any driver operating a
26vehicle on Illinois highways. Any foreign licensed vehicle of

 

 

SB3521- 17 -LRB097 19811 HEP 65504 b

1the second division operating at any time in Illinois without a
2Fleet Reciprocity Permit or other proper Illinois
3registration, shall subject the operator to the penalties
4provided in Section 3-834 of this Code. For the purposes of
5this Code, "Fleet Reciprocity Permit" means any second division
6motor vehicle with a foreign license and used only in
7interstate transportation of goods. The fee for such permit
8shall be $15 per fleet which shall include all vehicles of the
9fleet being registered.
10    (f) For purposes of this Section, "all-terrain vehicle or
11off-highway motorcycle used for production agriculture" means
12any all-terrain vehicle or off-highway motorcycle used in the
13raising of or the propagation of livestock, crops for sale for
14human consumption, crops for livestock consumption, and
15production seed stock grown for the propagation of feed grains
16and the husbandry of animals or for the purpose of providing a
17food product, including the husbandry of blood stock as a main
18source of providing a food product. "All-terrain vehicle or
19off-highway motorcycle used in production agriculture" also
20means any all-terrain vehicle or off-highway motorcycle used in
21animal husbandry, floriculture, aquaculture, horticulture, and
22viticulture.
23    (g) All of the proceeds of the additional fees imposed by
24Public Act 96-34 shall be deposited into the Capital Projects
25Fund.
26(Source: P.A. 95-287, eff. 1-1-08; 96-34, eff. 7-13-09; 96-554,

 

 

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1eff. 1-1-10; 96-653, eff. 1-1-10; 96-1000, eff. 7-2-10;
296-1274, eff. 7-26-10.)
 
3    (625 ILCS 5/5-501)  (from Ch. 95 1/2, par. 5-501)
4    Sec. 5-501. Denial, suspension or revocation or
5cancellation of a license.
6    (a) The license of a person issued under this Chapter may
7be denied, revoked or suspended if the Secretary of State finds
8that the applicant, or the officer, director, shareholder
9having a ten percent or greater ownership interest in the
10corporation, owner, partner, trustee, manager, employee or the
11licensee has:
12        1. Violated this Act;
13        2. Made any material misrepresentation to the
14    Secretary of State in connection with an application for a
15    license, junking certificate, salvage certificate, title
16    or registration;
17        3. Committed a fraudulent act in connection with
18    selling, bartering, exchanging, offering for sale or
19    otherwise dealing in vehicles, chassis, essential parts,
20    or vehicle shells;
21        4. As a new vehicle dealer has no contract with a
22    manufacturer or enfranchised distributor to sell that new
23    vehicle in this State;
24        5. Not maintained an established place of business as
25    defined in this Code;

 

 

SB3521- 19 -LRB097 19811 HEP 65504 b

1        6. Failed to file or produce for the Secretary of State
2    any application, report, document or other pertinent
3    books, records, documents, letters, contracts, required to
4    be filed or produced under this Code or any rule or
5    regulation made by the Secretary of State pursuant to this
6    Code;
7        7. Previously had, within 3 years, such a license
8    denied, suspended, revoked, or cancelled under the
9    provisions of subsection (c)(2) of this Section;
10        8. Has committed in any calendar year 3 or more
11    violations, as determined in any civil or criminal
12    proceeding, of any one or more of the following Acts:
13            a. the "Consumer Finance Act";
14            b. the "Consumer Installment Loan Act";
15            c. the "Retail Installment Sales Act";
16            d. the "Motor Vehicle Retail Installment Sales
17        Act";
18            e. "An Act in relation to the rate of interest and
19        other charges in connection with sales on credit and
20        the lending of money", approved May 24, 1879, as
21        amended;
22            f. "An Act to promote the welfare of wage-earners
23        by regulating the assignment of wages, and prescribing
24        a penalty for the violation thereof", approved July 1,
25        1935, as amended;
26            g. Part 8 of Article XII of the Code of Civil

 

 

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1        Procedure; or
2            h. the "Consumer Fraud Act";
3        9. Failed to pay any fees or taxes due under this Act,
4    or has failed to transmit any fees or taxes received by him
5    for transmittal by him to the Secretary of State or the
6    State of Illinois;
7        10. Converted an abandoned vehicle;
8        11. Used a vehicle identification plate or number
9    assigned to a vehicle other than the one to which
10    originally assigned;
11        12. Violated the provisions of Chapter 5 of this Act,
12    as amended;
13        13. Violated the provisions of Chapter 4 of this Act,
14    as amended;
15        14. Violated the provisions of Chapter 3 of this Act,
16    as amended;
17        15. Violated Section 21-2 of the Criminal Code of 1961,
18    Criminal Trespass to Vehicles;
19        16. Made or concealed a material fact in connection
20    with his application for a license;
21        17. Acted in the capacity of a person licensed or acted
22    as a licensee under this Chapter without having a license
23    therefor;
24        18. Failed to pay, within 90 days after a final
25    judgment, any fines assessed against the licensee pursuant
26    to an action brought under Section 5-404;

 

 

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1        19. Failed to pay the Dealer Recovery Trust Fund fee
2    under Section 5-102.7 of this Code; .
3        20. Failed to pay, within 90 days after notice has been
4    given, any fine or fee owed as a result of an
5    administrative citation issued by the Secretary under this
6    Code.
7    (b) In addition to other grounds specified in this Chapter,
8the Secretary of State, on complaint of the Department of
9Revenue, shall refuse the issuance or renewal of a license, or
10suspend or revoke such license, for any of the following
11violations of the "Retailers' Occupation Tax Act":
12        1. Failure to make a tax return;
13        2. The filing of a fraudulent return;
14        3. Failure to pay all or part of any tax or penalty
15    finally determined to be due;
16        4. Failure to comply with the bonding requirements of
17    the "Retailers' Occupation Tax Act".
18    (b-1) In addition to other grounds specified in this
19Chapter, the Secretary of State, on complaint of the Motor
20Vehicle Review Board, shall refuse the issuance or renewal of a
21license, or suspend or revoke that license, if costs or fees
22assessed under Section 29 or Section 30 of the Motor Vehicle
23Franchise Act have remained unpaid for a period in excess of 90
24days after the licensee received from the Motor Vehicle Board a
25second notice and demand for the costs or fees. The Motor
26Vehicle Review Board must send the licensee written notice and

 

 

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1demand for payment of the fees or costs at least 2 times, and
2the second notice and demand must be sent by certified mail.
3    (c) Cancellation of a license.
4        1. The license of a person issued under this Chapter
5    may be cancelled by the Secretary of State prior to its
6    expiration in any of the following situations:
7            A. When a license is voluntarily surrendered, by
8        the licensed person; or
9            B. If the business enterprise is a sole
10        proprietorship, which is not a franchised dealership,
11        when the sole proprietor dies or is imprisoned for any
12        period of time exceeding 30 days; or
13            C. If the license was issued to the wrong person or
14        corporation, or contains an error on its face. If any
15        person above whose license has been cancelled wishes to
16        apply for another license, whether during the same
17        license year or any other year, that person shall be
18        treated as any other new applicant and the cancellation
19        of the person's prior license shall not, in and of
20        itself, be a bar to the issuance of a new license.
21        2. The license of a person issued under this Chapter
22    may be cancelled without a hearing when the Secretary of
23    State is notified that the applicant, or any officer,
24    director, shareholder having a 10 per cent or greater
25    ownership interest in the corporation, owner, partner,
26    trustee, manager, employee or member of the applicant or

 

 

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1    the licensee has been convicted of any felony involving the
2    selling, bartering, exchanging, offering for sale, or
3    otherwise dealing in vehicles, chassis, essential parts,
4    vehicle shells, or ownership documents relating to any of
5    the above items.
6(Source: P.A. 97-480, eff. 10-1-11.)
 
7    (625 ILCS 5/5-503)  (from Ch. 95 1/2, par. 5-503)
8    Sec. 5-503. Failure to obtain dealer's license, operation
9of a business with a suspended or revoked license. (a) Any
10person operating a business for which he is required to be
11licensed under Section 5-101, 5-102, 5-201 or 5-301 who fails
12to apply for such a license or licenses within 15 days after
13being informed in writing by the Secretary of State that he
14must obtain such a license or licenses is subject to a civil
15action brought by the Secretary of State for operating a
16business without a license in the circuit court in the county
17in which the business is located. If the person is found to be
18in violation of Section 5-101, 5-102, 5-201 or 5-301 by
19carrying on a business without being properly licensed, that
20person shall be fined $500 $300 for each business day he
21conducted his business without such a license after the
22expiration of the 15 day period specified in this subsection
23(a).
24    (b) Any person who, having had his license or licenses
25issued under Section 5-101, 5-102, 5-201 or 5-301 suspended,

 

 

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1revoked, cancelled or denied by the Secretary of State under
2Section 5-501, continues to operate business after the
3effective date of such revocation, suspension, cancellation or
4denial may be sued in a civil action by the Secretary of State
5in the county in which the established or additional place of
6such business is located. If such person is found by the court
7to have operated such a business after the license or licenses
8required for conducting such business have been suspended,
9revoked, cancelled or denied, that person shall be fined $1,000
10$500 for each day he conducted business thereafter.
11(Source: P.A. 86-444.)
 
12    (625 ILCS 5/5-801)  (from Ch. 95 1/2, par. 5-801)
13    Sec. 5-801. Criminal penalties Penalties. Any person who
14violates any of the provisions of this Chapter, except a person
15who violates a provision for which a different criminal penalty
16is indicated, shall be guilty of a Class A misdemeanor. Any
17person who violates any provisions of Section 5-701 shall be
18guilty of a Class 3 felony.
19(Source: P.A. 95-51, eff. 1-1-08.)
 
20    (625 ILCS 5/5-803 new)
21    Sec. 5-803. Administrative penalties. Instead of filing a
22criminal complaint against a new or used vehicle dealer, or
23against any other entity licensed by the Secretary under this
24Code, a Secretary of State Police investigator may issue

 

 

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1administrative citations for violations of any of the
2provisions of this Chapter or any administrative rule adopted
3by the Secretary under this Chapter. A party receiving a
4citation shall have the right to contest the citation in
5proceedings before the Secretary of State Department of
6Administrative Hearings. Penalties imposed by issuance of an
7administrative citation shall not exceed $50 per violation. A
8penalty may not be imposed unless, during the course of a
9single investigation or upon review of the party's records, the
10party is found to have committed at least 3 separate violations
11of one or more of the provisions of this Code or any
12administrative rule adopted by the Secretary under this Code.
13Penalties paid as a result of the issuance of administrative
14citations shall be deposited in the Secretary of State Police
15Services Fund.
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    625 ILCS 5/2-119from Ch. 95 1/2, par. 2-119
4    625 ILCS 5/3-104from Ch. 95 1/2, par. 3-104
5    625 ILCS 5/3-113from Ch. 95 1/2, par. 3-113
6    625 ILCS 5/3-821from Ch. 95 1/2, par. 3-821
7    625 ILCS 5/5-501from Ch. 95 1/2, par. 5-501
8    625 ILCS 5/5-503from Ch. 95 1/2, par. 5-503
9    625 ILCS 5/5-801from Ch. 95 1/2, par. 5-801
10    625 ILCS 5/5-803 new