Illinois General Assembly - Full Text of HB1056
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Full Text of HB1056  99th General Assembly

HB1056eng 99TH GENERAL ASSEMBLY



 


 
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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
5Section 5-401.2 and by adding Section 5-101.2 as follows:
 
6    (625 ILCS 5/5-101.2 new)
7    Sec. 5-101.2. Manufactured home dealers; licensing.
8    (a) For the purposes of this Section, the following words
9shall have the meanings ascribed to them as follows:
10        "Community-based manufactured home dealer" means an
11    individual or entity that operates a tract of land or 2 or
12    more contiguous tracts of land which contain sites with the
13    necessary utilities for 5 or more independent manufactured
14    homes for permanent habitation, either free of charge or
15    for revenue purposes, and shall include any building,
16    structure, vehicle, or enclosure used or intended for use
17    as a part of the equipment of the manufactured home park
18    who may, incidental to the operation of the manufactured
19    home community, sell, trade, or buy a manufactured home or
20    park model that is located within the manufactured home
21    community or is located in a different manufactured home
22    community that is owned or managed by the community-based
23    manufactured home dealer.

 

 

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1        "Established place of business" means the place owned
2    or leased and occupied by any person duly licensed or
3    required to be licensed as a manufactured home dealer or a
4    community-based manufactured home dealer for the purpose
5    of engaging in selling, buying, bartering, displaying,
6    exchanging, or dealing in, on consignment or otherwise,
7    manufactured homes or park models and for such other
8    ancillary purposes as may be permitted by the Secretary by
9    rule. An established place of business shall include a
10    single or central office in which the manufactured home
11    dealer's or community-based manufactured home dealer's
12    records shall be separate and distinct from any other
13    business or tenant which may occupy space in the same
14    building, except as provided in this Section, and the
15    office shall not be located in a tent, temporary stand,
16    temporary address, room or rooms in a hotel or rooming
17    house, nor the premises occupied by a single or multiple
18    unit residence, unless the multiple unit residence has a
19    separate and distinct office.
20        "Manufactured home" means a factory assembled
21    structure built on a permanent chassis, transportable in
22    one or more sections in the travel mode, incapable of
23    self-propulsion, and bears a label indicating the
24    manufacturer's compliance with the United States
25    Department of Housing and Urban Development standards, as
26    applicable, that is without a permanent foundation and is

 

 

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1    designed for year round occupancy as a single-family
2    residence when connected to approved water, sewer, and
3    electrical utilities.
4        "Manufactured home dealer" means an individual or
5    entity that engages in the business of acquiring or
6    disposing of a manufactured home or park model, either a
7    new manufactured home or park model, pursuant to a
8    franchise agreement with a manufacturer, or used
9    manufactured homes or park models, and who has an
10    established place of business that is not in a residential
11    community-based setting.
12        "Park model" means a vehicle that is incapable of
13    self-propulsion that is less than 400 square feet of
14    habitable space that is built to American National
15    Standards Institute (ANSI) standards that prohibits
16    occupancy on a permanent basis and is built on a vehicle
17    chassis.
18        "Supplemental license" means a license that a
19    community-based manufactured home dealer receives and
20    displays at locations in which the licensee is authorized
21    to sell, buy, barter, display, exchange, or deal in, on
22    consignment or otherwise, manufactured homes or park
23    models, but is not the established place of business of the
24    licensee.
25    (b) No person shall engage in this State in the business of
26selling or dealing in, on consignment or otherwise,

 

 

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1manufactured homes or park models of any make, or act as an
2intermediary, agent, or broker for any manufactured home or
3park model purchaser, other than as a salesperson or to
4represent or advertise that he or she is so engaged, or intends
5to so engage, in the business, unless licensed to do so by the
6Secretary of State under the provisions of this Section.
7    (c) An application for a manufactured home dealer's license
8or a community-based manufactured home dealer's license shall
9be filed with the Secretary of State and duly verified by oath,
10on such form as the Secretary of State may by rule prescribe
11and shall contain all of the following:
12        (1) The name and type of business organization of the
13    applicant, and his or her established and additional places
14    of business, if any, in this State.
15        (2) If the applicant is a corporation, a list of its
16    officers, directors, and shareholders having a 10% or
17    greater ownership interest in the corporation. If the
18    applicant is a sole proprietorship, a partnership, a
19    limited liability company, an unincorporated association,
20    a trust, or any similar form of business organization, the
21    name and residence address of the proprietor, or the name
22    and residence address of each partner, member, officer,
23    director, trustee, or manager.
24        (3) The make or makes of new manufactured homes or park
25    models that the applicant will offer for sale at retail in
26    the State.

 

 

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1        (4) The name of each manufacturer or franchised
2    distributor, if any, of new manufactured homes or park
3    models with whom the applicant has contracted for the sale
4    of new manufactured homes or park models. As evidence of
5    this fact, the application shall be accompanied by a signed
6    statement from each manufacturer or franchised
7    distributor.
8        (5) A statement that the applicant has been approved
9    for registration under the Retailers' Occupation Tax Act by
10    the Department of Revenue, provided that this requirement
11    does not apply to a manufactured home dealer who is already
12    licensed with the Secretary of State, and who is merely
13    applying for a renewal of his or her license. As evidence
14    of this fact, the application shall be accompanied by a
15    certification from the Department of Revenue showing that
16    the Department has approved the applicant for registration
17    under the Retailers' Occupation Tax Act.
18        (6) An application for:
19            (A) a manufactured home dealer's license, when the
20        applicant is selling new manufactured homes or park
21        models on behalf of a manufacturer of manufactured
22        homes or park models, or 5 or more used manufactured
23        homes or park models during the calendar year, shall be
24        accompanied by a $1,000 license fee for the applicant's
25        established place of business, and $100 for each
26        additional place of business, if any, to which the

 

 

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1        application pertains. If the application is made after
2        June 15 in any year, the license fee shall be $500 for
3        the applicant's established place of business, and $50
4        for each additional place of business, if any, to which
5        the application pertains. License fees shall be
6        returnable only in the event that the application is
7        denied by the Secretary of State; or
8            (B) a community-based manufactured home dealer's
9        license, when the applicant is selling 5 or more
10        manufactured homes during the calendar year not on
11        behalf of a manufacturer of manufactured homes, but
12        within a community setting, shall be accompanied by a
13        license fee of $500 for the applicant's established
14        place of business, and $50 for each additional place of
15        business, if any to which the application pertains. If
16        the application is made after June 15 in any year, the
17        license fee shall be $250 for the applicant's
18        established place of business, and $50 for each
19        additional place of business, if any, to which the
20        application pertains. License fees shall be returnable
21        only in the event that the application is denied by the
22        Secretary of State.
23            Of the monies received by the Secretary of State as
24        license fees under this paragraph (6), 95% shall be
25        deposited into the General Revenue Fund and 5% into the
26        Motor Vehicle License Plate Fund.

 

 

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1        (7) A statement that the applicant's officers,
2    directors, and shareholders having a 10% or greater
3    ownership interest therein, proprietor, a partner, member,
4    officer, director, trustee, manager, or other principals
5    in the business, have not committed in the past 3 years any
6    one violation, as determined in any civil, criminal, or
7    administrative hearing proceeding, of any one of the
8    following Acts:
9            (A) the Anti Theft Laws of the Illinois Vehicle
10        Code;
11            (B) the Certificate of Title Laws of the Illinois
12        Vehicle Code;
13            (C) the Offenses against Registration and
14        Certificates of Title Laws of the Illinois Vehicle
15        Code;
16            (D) the Dealers, Transporters, Wreckers, and
17        Rebuilders Laws of the Illinois Vehicle Code;
18            (E) Section 21-2 of the Criminal Code of 2012
19        (criminal trespass to vehicles);
20            (F) the Retailers Occupation Tax Act;
21            (G) the Consumer Finance Act;
22            (H) the Consumer Installment Loan Act;
23            (I) the Retail Installment Sales Act;
24            (J) the Motor Vehicle Retail Installment Sales
25        Act;
26            (K) the Interest Act;

 

 

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1            (L) the Illinois Wage Assignment Act;
2            (M) Part 8 of Article XII of the Code of Civil
3        Procedure; or
4            (N) the Consumer Fraud Act.
5        (8) A bond or certificate of deposit in the amount of
6    $20,000 for each license holder applicant intending to act
7    as a manufactured home dealer or community-based
8    manufactured home dealer under this Section. The bond shall
9    be for the term of the license, for which application is
10    made, and shall expire not sooner than December 31 of the
11    year for which the license was issued. The bond shall run
12    to the People of the State of Illinois, with surety by a
13    bonding or insurance company authorized to do business in
14    this State. It shall be conditioned upon the proper
15    transmittal of all title and registration fees and taxes
16    (excluding taxes under the Retailers' Occupation Tax Act)
17    accepted by the applicant as a manufactured home dealer.
18        (9) Dealers in business for over 5 years may substitute
19    a certificate of insurance in lieu of the bond or
20    certificate of deposit upon renewing their license.
21        (10) Any other information concerning the business of
22    the applicant as the Secretary of State may by rule
23    prescribe.
24        (11) A statement that the applicant has read and
25    understands Chapters 1 through 5 of this Code.
26    (d) Any change which renders no longer accurate any

 

 

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1information contained in any application for a license under
2this Section shall be amended within 30 days after the
3occurrence of the change on a form the Secretary of State may
4prescribe, by rule, accompanied by an amendatory fee of $25.
5    (e) The Secretary of State shall, within a reasonable time
6after receipt, examine an application submitted to him or her
7under this Section, and unless he or she makes a determination
8that the application submitted to him or her does not conform
9with the requirements of this Section or that grounds exist for
10a denial of the application under Section 5-501 of this
11Chapter, grant the applicant an initial manufactured home
12dealer's license or a community-based manufactured home
13dealer's license in writing for his or her established place of
14business and a supplemental license in writing for each
15additional place of business in a form the Secretary may
16prescribe by rule, which shall include the following:
17        (1) the name of the person or entity licensed;
18        (2) if a corporation, the name and address of its
19    officers; if a sole proprietorship, a partnership, an
20    unincorporated association, or any similar form of
21    business organization, the name and address of the
22    proprietor, or the name and address of each partner,
23    member, officer, director, trustee or manager; or if a
24    limited liability company, the name and address of the
25    general partner or partners, or managing member or members;
26        (3) in the case of an original license, the established

 

 

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1    place of business of the licensee;
2        (4) in the case of a supplemental license, the
3    established place of business of the licensee and the
4    additional place of business to which the supplemental
5    license pertains; and
6        (5) if applicable, the make or makes of new
7    manufactured homes or park models to which a manufactured
8    home dealer is licensed to sell.
9    (f) The appropriate instrument evidencing the license or a
10certified copy of the instrument, provided by the Secretary of
11State, shall be kept posted conspicuously in the established
12place of business of the licensee and in each additional place
13of business, if any, maintained by the licensee, unless the
14licensee is a community-based manufactured home dealer, then
15the license shall be posted in the community-based manufactured
16home dealer's central office and it shall include a list of the
17other locations that the community-based manufactured home
18dealer may oversee.
19    (g) Except as provided in subsection (i) of this Section,
20all licenses granted under this Section shall expire by
21operation of law on December 31 of the calendar year for which
22the licenses were granted, unless sooner revoked or cancelled
23under the provisions of Section 5-501 of this Chapter.
24    (h) All persons licensed as a manufactured home dealer or a
25community-based manufactured home dealer are required to
26furnish each purchaser of a manufactured home or park model:

 

 

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1        (1) in the case of a new manufactured home or park
2    model, a manufacturer's statement of origin, and in the
3    case of a previously owned manufactured home or park model,
4    a certificate of title, in either case properly assigned to
5    the purchaser;
6        (2) a statement verified under oath that all
7    identifying numbers on the vehicle match the identifying
8    numbers on the certificate of title or manufacturer's
9    statement of origin;
10        (3) a bill of sale properly executed on behalf of the
11    purchaser;
12        (4) a copy of the Uniform Invoice-transaction
13    reporting return form referred to in Section 5-402; and
14        (5) for a new manufactured home or park model, a
15    warranty, and in the case of a manufactured home or park
16    model for which the warranty has been reinstated, a copy of
17    the warranty; if no warranty is provided, a disclosure or
18    statement that the manufactured home or park model is being
19    sold "AS IS".
20    (i) This Section shall not apply to a (i) seller who
21privately owns his or her manufactured home or park model as
22his or her main residence and is selling the manufactured home
23or park model to another individual or to a licensee; (ii) a
24retailer or entity licensed under either Section 5-101 or 5-102
25of this Code; or (iii) an individual or entity licensed to sell
26truck campers, travel trailers, motor homes, or mini motor

 

 

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1homes as defined by this Code. Any vehicle not covered by this
2Section that requires an individual or entity to obtain a
3license to sell 5 or more vehicles must obtain a license under
4the relevant provisions of this Code.
5    (j) This Section shall not apply to any person licensed
6under the Real Estate License Act of 2000.
7    (k) The Secretary of State may adopt any rules necessary to
8implement this Section.
 
9    (625 ILCS 5/5-401.2)  (from Ch. 95 1/2, par. 5-401.2)
10    Sec. 5-401.2. Licensees required to keep records and make
11inspections.
12    (a) Every person licensed or required to be licensed under
13Section 5-101, 5-101.1, 5-101.2, 5-102, 5-301 or 5-302 of this
14Code, shall, with the exception of scrap processors, maintain
15for 3 years, in a form as the Secretary of State may by rule or
16regulation prescribe, at his established place of business,
17additional place of business, or principal place of business if
18licensed under Section 5-302, the following records relating to
19the acquisition or disposition of vehicles and their essential
20parts possessed in this State, brought into this State from
21another state, territory or country, or sold or transferred to
22another person in this State or in another state, territory, or
23country.
24        (1) The following records pertaining to new or used
25    vehicles shall be kept:

 

 

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1            (A) the year, make, model, style and color of the
2        vehicle;
3            (B) the vehicle's manufacturer's identification
4        number or, if applicable, the Secretary of State or
5        Illinois Department of State Police identification
6        number;
7            (C) the date of acquisition of the vehicle;
8            (D) the name and address of the person from whom
9        the vehicle was acquired and, if that person is a
10        dealer, the Illinois or out-of-state dealer license
11        number of such person;
12            (E) the signature of the person making the
13        inspection of a used vehicle as required under
14        subsection (d) of this Section, if applicable;
15            (F) the purchase price of the vehicle, if
16        applicable;
17            (G) the date of the disposition of the vehicle;
18            (H) the name and address of the person to whom any
19        vehicle was disposed, and if that person is a dealer,
20        the Illinois or out-of-State dealer's license number
21        of that dealer;
22            (I) the uniform invoice number reflecting the
23        disposition of the vehicle, if applicable; and
24            (J) The sale price of the vehicle, if applicable.
25        (2) (A) The following records pertaining to used
26    essential parts other than quarter panels and

 

 

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1    transmissions of vehicles of the first division shall be
2    kept:
3            (i) the year, make, model, color and type of such
4        part;
5            (ii) the vehicle's manufacturer's identification
6        number, derivative number, or, if applicable, the
7        Secretary of State or Illinois Department of State
8        Police identification number of such part;
9            (iii) the date of the acquisition of each part;
10            (iv) the name and address of the person from whom
11        the part was acquired and, if that person is a dealer,
12        the Illinois or out-of-state dealer license number of
13        such person; if the essential part being acquired is
14        from a person other than a dealer, the licensee shall
15        verify and record that person's identity by recording
16        the identification numbers from at least two sources of
17        identification, one of which shall be a drivers license
18        or State identification card;
19            (v) the uniform invoice number or out-of-state
20        bill of sale number reflecting the acquisition of such
21        part;
22            (vi) the stock number assigned to the essential
23        part by the licensee, if applicable;
24            (vii) the date of the disposition of such part;
25            (viii) the name and address of the person to whom
26        such part was disposed of and, if that person is a

 

 

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1        dealer, the Illinois or out-of-state dealer license
2        number of that person;
3            (ix) the uniform invoice number reflecting the
4        disposition of such part.
5        (B) Inspections of all essential parts shall be
6    conducted in accordance with Section 5-402.1.
7        (C) A separate entry containing all of the information
8    required to be recorded in subparagraph (A) of paragraph
9    (2) of subsection (a) of this Section shall be made for
10    each separate essential part. Separate entries shall be
11    made regardless of whether the part was a large purchase
12    acquisition. In addition, a separate entry shall be made
13    for each part acquired for immediate sale or transfer, or
14    for placement into the overall inventory or stock to be
15    disposed of at a later time, or for use on a vehicle to be
16    materially altered by the licensee, or acquired for any
17    other purpose or reason. Failure to make a separate entry
18    for each essential part acquired or disposed of, or a
19    failure to record any of the specific information required
20    to be recorded concerning the acquisition or disposition of
21    each essential part as set forth in subparagraph (A) of
22    paragraph (2) of subsection (a) shall constitute a failure
23    to keep records.
24        (D) The vehicle's manufacturer's identification number
25    or Secretary of State or Illinois Department of State
26    Police identification number for the essential part shall

 

 

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1    be ascertained and recorded even if such part is acquired
2    from a person or dealer located in a State, territory, or
3    country which does not require that such information be
4    recorded. If the vehicle's manufacturer's identification
5    number or Secretary of State or Illinois Department of
6    State Police identification number for an essential part
7    cannot be obtained, that part shall not be acquired by the
8    licensee or any of his agents or employees. If such part or
9    parts were physically acquired by the licensee or any of
10    his agents or employees while the licensee or agent or
11    employee was outside this State, that licensee or agent or
12    employee was outside the State, that licensee, agent or
13    employee shall not bring such essential part into this
14    State or cause it to be brought into this State. The
15    acquisition or disposition of an essential part by a
16    licensee without the recording of the vehicle
17    identification number or Secretary of State identification
18    number for such part or the transportation into the State
19    by the licensee or his agent or employee of such part or
20    parts shall constitute a failure to keep records.
21        (E) The records of essential parts required to be kept
22    by this Section shall apply to all hulks, chassis, frames
23    or cowls, regardless of the age of those essential parts.
24    The records required to be kept by this Section for
25    essential parts other than hulks, chassis, frames or cowls,
26    shall apply only to those essential parts which are 6 model

 

 

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1    years of age or newer. In determining the model year of
2    such an essential part it may be presumed that the
3    identification number of the vehicle from which the
4    essential part came or the identification number affixed to
5    the essential part itself acquired by the licensee denotes
6    the model year of that essential part. This presumption,
7    however, shall not apply if the gross appearance of the
8    essential part does not correspond to the year, make or
9    model of either the identification number of the vehicle
10    from which the essential part is alleged to have come or
11    the identification number which is affixed to the essential
12    part itself. To determine whether an essential part is 6
13    years of age or newer within this paragraph, the model year
14    of the essential part shall be subtracted from the calendar
15    year in which the essential part is acquired or disposed of
16    by the licensee. If the remainder is 6 or less, the record
17    of the acquisition or disposition of that essential part
18    shall be kept as required by this Section.
19        (F) The requirements of paragraph (2) of subsection (a)
20    of this Section shall not apply to the disposition of an
21    essential part other than a cowl which has been damaged or
22    altered to a state in which it can no longer be returned to
23    a usable condition and which is being sold or transferred
24    to a scrap processor or for delivery to a scrap processor.
25    (3) the following records for vehicles on which junking
26certificates are obtained shall be kept:

 

 

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1        (A) the year, make, model, style and color of the
2    vehicle;
3        (B) the vehicle's manufacturer's identification number
4    or, if applicable, the Secretary of State or Illinois
5    Department of State Police identification number;
6        (C) the date the vehicle was acquired;
7        (D) the name and address of the person from whom the
8    vehicle was acquired and, if that person is a dealer, the
9    Illinois or out-of-state dealer license number of that
10    person;
11        (E) the certificate of title number or salvage
12    certificate number for the vehicle, if applicable;
13        (F) the junking certificate number obtained by the
14    licensee; this entry shall be recorded at the close of
15    business of the fifth business day after receiving the
16    junking certificate;
17        (G) the name and address of the person to whom the
18    junking certificate has been assigned, if applicable, and
19    if that person is a dealer, the Illinois or out-of-state
20    dealer license number of that dealer;
21        (H) if the vehicle or any part of the vehicle is
22    dismantled for its parts to be disposed of in any way, or
23    if such parts are to be used by the licensee to materially
24    alter a vehicle, those essential parts shall be recorded
25    and the entries required by paragraph (2) of subsection (a)
26    shall be made.

 

 

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1    (4) The following records for rebuilt vehicles shall be
2kept:
3        (A) the year, make, model, style and color of the
4    vehicle;
5        (B) the vehicle's manufacturer's identification number
6    of the vehicle or, if applicable, the Secretary of State or
7    Illinois Department of State Police identification number;
8        (C) the date the vehicle was acquired;
9        (D) the name and address of the person from whom the
10    vehicle was acquired, and if that person is a dealer, the
11    Illinois or out-of-state dealer license number of that
12    person;
13        (E) the salvage certificate number for the vehicle;
14        (F) the newly issued certificate of title number for
15    the vehicle;
16        (G) the date of disposition of the vehicle;
17        (H) the name and address of the person to whom the
18    vehicle was disposed, and if a dealer, the Illinois or
19    out-of-state dealer license number of that dealer;
20        (I) The sale price of the vehicle.
21    (a-1) A person licensed or required to be licensed under
22Section 5-101 or Section 5-102 of this Code who issues
23temporary registration permits as permitted by this Code and by
24rule must electronically file the registration with the
25Secretary and must maintain records of the registration in the
26manner prescribed by the Secretary.

 

 

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1    (b) A failure to make separate entries for each vehicle
2acquired, disposed of, or assigned, or a failure to record any
3of the specific information required to be recorded concerning
4the acquisition or disposition of each vehicle as set forth in
5paragraphs (1), (3) and (4) of subsection (a) shall constitute
6a failure to keep records.
7    (c) All entries relating to the acquisition of a vehicle or
8essential part required by subsection (a) of this Section shall
9be recorded no later than the close of business on the seventh
10calendar day following such acquisition. All entries relating
11to the disposition of a vehicle or an essential part shall be
12made at the time of such disposition. If the vehicle or
13essential part was disposed of on the same day as its
14acquisition or the day thereafter, the entries relating to the
15acquisition of the vehicle or essential part shall be made at
16the time of the disposition of the vehicle or essential part.
17Failure to make the entries required in or at the times
18prescribed by this subsection following the acquisition or
19disposition of such vehicle or essential part shall constitute
20a failure to keep records.
21    (d) Every person licensed or required to be licensed shall,
22before accepting delivery of a used vehicle, inspect the
23vehicle to determine whether the manufacturer's public vehicle
24identification number has been defaced, destroyed, falsified,
25removed, altered, or tampered with in any way. If the person
26making the inspection determines that the manufacturer's

 

 

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1public vehicle identification number has been altered,
2removed, defaced, destroyed, falsified or tampered with he
3shall not acquire that vehicle but instead shall promptly
4notify law enforcement authorities of his finding.
5    (e) The information required to be kept in subsection (a)
6of this Section shall be kept in a manner prescribed by rule or
7regulation of the Secretary of State.
8    (f) Every person licensed or required to be licensed shall
9have in his possession a separate certificate of title, salvage
10certificate, junking certificate, certificate of purchase,
11uniform invoice, out-of-state bill of sale or other acceptable
12documentary evidence of his right to the possession of every
13vehicle or essential part.
14    (g) Every person licensed or required to be licensed as a
15transporter under Section 5-201 shall maintain for 3 years, in
16such form as the Secretary of State may by rule or regulation
17prescribe, at his principal place of business a record of every
18vehicle transported by him, including numbers of or other marks
19of identification thereof, the names and addresses of persons
20from whom and to whom the vehicle was delivered and the dates
21of delivery.
22    (h) No later than 15 days prior to going out of business,
23selling the business, or transferring the ownership of the
24business, the licensee shall notify the Secretary of State that
25he is going out of business or that he is transferring the
26ownership of the business. Failure to notify under this

 

 

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1paragraph shall constitute a failure to keep records.
2    (i) (Blank).
3    (j) A person who knowingly fails to comply with the
4provisions of this Section or knowingly fails to obey, observe,
5or comply with any order of the Secretary or any law
6enforcement agency issued in accordance with this Section is
7guilty of a Class B misdemeanor for the first violation and a
8Class A misdemeanor for the second and subsequent violations.
9Each violation constitutes a separate and distinct offense and
10a separate count may be brought in the same indictment or
11information for each vehicle or each essential part of a
12vehicle for which a record was not kept as required by this
13Section.
14    (k) Any person convicted of failing to keep the records
15required by this Section with intent to conceal the identity or
16origin of a vehicle or its essential parts or with intent to
17defraud the public in the transfer or sale of vehicles or their
18essential parts is guilty of a Class 2 felony. Each violation
19constitutes a separate and distinct offense and a separate
20count may be brought in the same indictment or information for
21each vehicle or essential part of a vehicle for which a record
22was not kept as required by this Section.
23    (l) A person may not be criminally charged with or
24convicted of both a knowing failure to comply with this Section
25and a knowing failure to comply with any order, if both
26offenses involve the same record keeping violation.

 

 

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1    (m) The Secretary shall adopt rules necessary for
2implementation of this Section, which may include the
3imposition of administrative fines.
4(Source: P.A. 91-415, eff. 1-1-00; 92-773, eff. 8-6-02.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.