|
| | HB1056 Engrossed | | LRB099 04886 RJF 24915 b |
|
|
1 | | AN ACT concerning transportation.
|
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
|
4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Section 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 |
9 | | shall 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. |
|
| | HB1056 Engrossed | - 2 - | LRB099 04886 RJF 24915 b |
|
|
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 |
|
| | HB1056 Engrossed | - 3 - | LRB099 04886 RJF 24915 b |
|
|
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
|
26 | | selling or dealing in, on consignment or otherwise,
|
|
| | HB1056 Engrossed | - 4 - | LRB099 04886 RJF 24915 b |
|
|
1 | | manufactured homes or park models of any make, or act as an |
2 | | intermediary, agent, or broker for any manufactured home or |
3 | | park model purchaser, other than as a salesperson or to |
4 | | represent or advertise that he or she is so engaged, or intends |
5 | | to so engage, in the business, unless licensed to do so by the |
6 | | Secretary of State under the provisions of this Section. |
7 | | (c) An application for a manufactured home dealer's
license |
8 | | or a community-based manufactured home dealer's
license shall |
9 | | be filed with the Secretary of State and duly
verified by oath, |
10 | | on such form as the Secretary of State may by
rule prescribe |
11 | | and 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. |
|
| | HB1056 Engrossed | - 5 - | LRB099 04886 RJF 24915 b |
|
|
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 |
|
| | HB1056 Engrossed | - 6 - | LRB099 04886 RJF 24915 b |
|
|
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. |
|
| | HB1056 Engrossed | - 7 - | LRB099 04886 RJF 24915 b |
|
|
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; |
|
| | HB1056 Engrossed | - 8 - | LRB099 04886 RJF 24915 b |
|
|
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
|
|
| | HB1056 Engrossed | - 9 - | LRB099 04886 RJF 24915 b |
|
|
1 | | information contained in any application for a license under |
2 | | this Section shall be amended within 30 days after the |
3 | | occurrence of the change on a form the Secretary of State may |
4 | | prescribe, by rule, accompanied by an amendatory fee of $25. |
5 | | (e) The Secretary of State shall, within a reasonable time
|
6 | | after receipt, examine an application submitted to him or her
|
7 | | under this Section, and unless he or she makes a determination
|
8 | | that the application submitted to him or her does not conform
|
9 | | with the requirements of this Section or that grounds exist for
|
10 | | a denial of the application under Section 5-501 of this
|
11 | | Chapter, grant the applicant an initial manufactured home
|
12 | | dealer's license or a community-based manufactured home
|
13 | | dealer's license in writing for his or her established place
of |
14 | | business and a supplemental license in writing for each
|
15 | | additional place of business in a form the Secretary may
|
16 | | prescribe 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 |
|
| | HB1056 Engrossed | - 10 - | LRB099 04886 RJF 24915 b |
|
|
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
|
10 | | certified copy of the instrument, provided by the Secretary of
|
11 | | State, shall be kept posted conspicuously in the established
|
12 | | place of business of the licensee and in each additional place
|
13 | | of business, if any, maintained by the licensee, unless the
|
14 | | licensee is a community-based manufactured home dealer, then
|
15 | | the license shall be posted in the community-based manufactured
|
16 | | home dealer's central office and it shall include a list of the
|
17 | | other locations that the community-based manufactured home
|
18 | | dealer may oversee. |
19 | | (g) Except as provided in subsection (i) of this Section,
|
20 | | all licenses granted under this Section shall expire by |
21 | | operation of law on December 31 of the calendar year for which |
22 | | the licenses were granted, unless sooner revoked or cancelled |
23 | | under the provisions of Section 5-501 of this Chapter. |
24 | | (h) All persons licensed as a manufactured home dealer or a
|
25 | | community-based manufactured home dealer are required to
|
26 | | furnish each purchaser of a manufactured home or park model: |
|
| | HB1056 Engrossed | - 11 - | LRB099 04886 RJF 24915 b |
|
|
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 |
21 | | privately owns his or her manufactured home or park model as |
22 | | his or her main residence and is selling the manufactured home |
23 | | or park model to another individual or to a licensee; (ii) a |
24 | | retailer or entity licensed under either Section 5-101 or 5-102 |
25 | | of this Code; or (iii) an individual or entity licensed to sell |
26 | | truck campers, travel trailers, motor homes, or mini motor |
|
| | HB1056 Engrossed | - 12 - | LRB099 04886 RJF 24915 b |
|
|
1 | | homes as defined by this Code. Any vehicle not covered by this |
2 | | Section that requires an individual or entity to obtain a |
3 | | license to sell 5 or more vehicles must obtain a license under |
4 | | the relevant provisions of this Code. |
5 | | (j) This Section shall not apply to any person licensed
|
6 | | under the Real Estate License Act of 2000. |
7 | | (k) The Secretary of State may adopt any rules necessary to |
8 | | implement 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 |
11 | | inspections.
|
12 | | (a) Every person licensed or required to be licensed under |
13 | | Section 5-101,
5-101.1, 5-101.2, 5-102, 5-301 or 5-302 of this |
14 | | Code, shall, with the exception of
scrap
processors, maintain |
15 | | for 3 years, in a form as the Secretary of State may by
rule or |
16 | | regulation prescribe, at his established place of business, |
17 | | additional
place of business, or principal place of business if |
18 | | licensed under Section
5-302, the following records relating to |
19 | | the acquisition or disposition of
vehicles and their essential |
20 | | parts possessed in this State, brought into this
State from |
21 | | another state, territory or country, or sold or transferred to
|
22 | | another person in this State or in another state, territory, or |
23 | | country.
|
24 | | (1) The following records pertaining to new or used |
25 | | vehicles shall be
kept:
|
|
| | HB1056 Engrossed | - 13 - | LRB099 04886 RJF 24915 b |
|
|
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 |
|
| | HB1056 Engrossed | - 14 - | LRB099 04886 RJF 24915 b |
|
|
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 |
|
| | HB1056 Engrossed | - 15 - | LRB099 04886 RJF 24915 b |
|
|
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 |
|
| | HB1056 Engrossed | - 16 - | LRB099 04886 RJF 24915 b |
|
|
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 |
|
| | HB1056 Engrossed | - 17 - | LRB099 04886 RJF 24915 b |
|
|
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 |
26 | | certificates are
obtained shall be kept:
|
|
| | HB1056 Engrossed | - 18 - | LRB099 04886 RJF 24915 b |
|
|
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.
|
|
| | HB1056 Engrossed | - 19 - | LRB099 04886 RJF 24915 b |
|
|
1 | | (4) The following records for rebuilt vehicles shall be |
2 | | kept:
|
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 |
22 | | Section 5-101 or
Section 5-102 of this Code who issues |
23 | | temporary registration permits as
permitted by
this Code and by |
24 | | rule must electronically file the registration with the
|
25 | | Secretary and must maintain records of the registration in the |
26 | | manner
prescribed by the Secretary.
|
|
| | HB1056 Engrossed | - 20 - | LRB099 04886 RJF 24915 b |
|
|
1 | | (b) A failure to make separate entries for each vehicle |
2 | | acquired,
disposed of, or assigned, or a failure to record any |
3 | | of the specific
information required to be recorded concerning |
4 | | the acquisition or
disposition of each vehicle as set forth in |
5 | | paragraphs (1),
(3) and (4) of subsection (a) shall constitute |
6 | | a failure to keep records.
|
7 | | (c) All entries relating to the acquisition of a vehicle or |
8 | | essential
part required by subsection (a) of this Section shall |
9 | | be recorded no later than
the close of business on the seventh |
10 | | calendar day following such acquisition.
All entries relating |
11 | | to the disposition of a vehicle or an essential part
shall be |
12 | | made at the time of such disposition. If the vehicle or |
13 | | essential
part was disposed of on the same day as its |
14 | | acquisition or the day
thereafter, the entries relating to the |
15 | | acquisition of the vehicle or
essential part shall be made at |
16 | | the time of the disposition of the vehicle
or essential part. |
17 | | Failure to make the entries required in or at the times
|
18 | | prescribed by this subsection following the acquisition or |
19 | | disposition of
such vehicle or essential part shall constitute |
20 | | a failure to keep records.
|
21 | | (d) Every person licensed or required to be licensed shall,
|
22 | | before accepting delivery of a used vehicle, inspect the
|
23 | | vehicle to determine whether the manufacturer's public vehicle
|
24 | | identification number has been defaced, destroyed,
falsified, |
25 | | removed, altered, or tampered with in any way. If the person
|
26 | | making the inspection determines that the manufacturer's |
|
| | HB1056 Engrossed | - 21 - | LRB099 04886 RJF 24915 b |
|
|
1 | | public vehicle
identification number has been altered, |
2 | | removed, defaced, destroyed,
falsified or tampered with he |
3 | | shall not acquire that vehicle but instead
shall promptly |
4 | | notify law enforcement authorities of his finding.
|
5 | | (e) The information required to be kept in subsection (a) |
6 | | of this
Section shall be kept in a manner prescribed by rule or |
7 | | regulation of the
Secretary of State.
|
8 | | (f) Every person licensed or required to be licensed shall |
9 | | have in his
possession a separate certificate of title, salvage |
10 | | certificate, junking
certificate, certificate of purchase, |
11 | | uniform invoice, out-of-state bill of
sale or other acceptable |
12 | | documentary evidence of his right to the
possession of every |
13 | | vehicle or essential part.
|
14 | | (g) Every person licensed or required to be licensed as a |
15 | | transporter
under Section 5-201 shall maintain for 3 years, in |
16 | | such form as the
Secretary of State may by rule or regulation |
17 | | prescribe, at his principal
place of business a record of every |
18 | | vehicle transported by him, including
numbers of or other marks |
19 | | of identification thereof, the names and
addresses of persons |
20 | | from whom and to whom the vehicle was delivered and
the dates |
21 | | of delivery.
|
22 | | (h) No later than 15 days prior to going out of business, |
23 | | selling the
business, or transferring the ownership of the |
24 | | business, the licensee shall
notify the Secretary of State that |
25 | | he is going out of business or that he
is transferring the |
26 | | ownership of the business. Failure to notify under this
|
|
| | HB1056 Engrossed | - 22 - | LRB099 04886 RJF 24915 b |
|
|
1 | | paragraph shall constitute a failure to keep records.
|
2 | | (i) (Blank).
|
3 | | (j) A person who knowingly fails to comply with the |
4 | | provisions of this
Section or
knowingly fails to obey, observe, |
5 | | or comply with any order of the Secretary or
any law
|
6 | | enforcement agency issued
in accordance with this Section is |
7 | | guilty of a Class B misdemeanor for the
first violation and a |
8 | | Class A misdemeanor for the second and subsequent
violations. |
9 | | Each violation constitutes a separate and distinct offense and |
10 | | a
separate count may be brought in the same indictment or |
11 | | information for each
vehicle or each essential part of a |
12 | | vehicle for which a record was not kept as
required by this |
13 | | Section.
|
14 | | (k) Any person convicted of failing to keep the records |
15 | | required by this
Section with intent to conceal the identity or |
16 | | origin of a vehicle or its
essential parts or with intent to |
17 | | defraud the public in the transfer or sale of
vehicles or their |
18 | | essential parts is guilty of a Class 2 felony. Each violation
|
19 | | constitutes a separate and distinct offense and a separate |
20 | | count may be brought
in the same indictment or information for |
21 | | each vehicle or
essential part of a vehicle for which a record |
22 | | was not kept as required by this
Section.
|
23 | | (l) A person may not be criminally charged with or |
24 | | convicted of both a
knowing failure to comply with this Section |
25 | | and a knowing failure to comply
with any order, if both |
26 | | offenses involve the same record keeping violation.
|