Full Text of SB3325 99th General Assembly
SB3325eng 99TH GENERAL ASSEMBLY |
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| 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) As used in this Section: | 9 | | "Community-based manufactured home dealer" means an | 10 | | operator of a tract of land or 2 or more contiguous tracts | 11 | | of land that contain sites with the necessary utilities for | 12 | | 5 or more independent manufactured homes for permanent | 13 | | habitation, either free of charge or for revenue purposes, | 14 | | and including any building, structure, vehicle, and | 15 | | enclosure used or intended for use as a part of the | 16 | | equipment of the manufactured home park, who may, | 17 | | incidental to the operation of the manufactured home | 18 | | community, sell, trade, or buy a manufactured home or park | 19 | | model that is located within the manufactured home | 20 | | community or is located in a different manufactured home | 21 | | community that is owned or managed by the community-based | 22 | | manufactured home dealer. | 23 | | "Established place of business" means the place owned
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| 1 | | or leased and occupied by any person duly licensed or
| 2 | | required to be licensed as a manufactured home dealer or a
| 3 | | community-based manufactured home dealer for the purpose
| 4 | | of engaging in selling, buying, bartering, displaying,
| 5 | | exchanging, or dealing in, on consignment or otherwise,
| 6 | | manufactured homes or park models and for such other | 7 | | ancillary purposes as may be permitted by the Secretary by | 8 | | rule. An established place of business includes a single or | 9 | | central office in which the manufactured home dealer's or | 10 | | community-based manufactured home dealer's records shall | 11 | | be separate and distinct from any other business or tenant | 12 | | which may occupy space in the same building, except as | 13 | | provided in this Section, and the office shall not be | 14 | | located in a tent, temporary stand, temporary address, room | 15 | | or rooms in a hotel or
rooming house, nor the premises | 16 | | occupied by a single or
multiple unit residence unless the | 17 | | multiple unit
residence has a separate and distinct office. | 18 | | "Manufactured home" means a factory assembled
| 19 | | structure built on a permanent chassis, transportable in
| 20 | | one or more sections in the travel mode, incapable of
| 21 | | self-propulsion, bears a label indicating the
| 22 | | manufacturer's compliance with the United States
| 23 | | Department of Housing and Urban Development standards, as | 24 | | applicable, is without a permanent foundation, and is | 25 | | designed for year round occupancy as a single-family | 26 | | residence when connected to approved water, sewer, and |
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| 1 | | electrical
utilities. | 2 | | "Manufactured home dealer" means an individual or | 3 | | entity that engages in the business of acquiring or | 4 | | disposing of a manufactured home or park model, either new | 5 | | manufactured homes or park models pursuant to a franchise | 6 | | agreement with a manufacturer or used manufactured homes or | 7 | | park models, and that has an established place of business | 8 | | that is not in a residential community-based setting. | 9 | | "Park model" means a vehicle that is incapable of | 10 | | self-propulsion, has less than 400 square feet of habitable | 11 | | space, is built to American National Standards Institute | 12 | | standards, prohibits occupancy on a permanent basis, and is | 13 | | built on a vehicle chassis. | 14 | | "Supplemental license" means a license that a | 15 | | community-based manufactured home dealer receives and | 16 | | displays at locations other than the established place of | 17 | | business of the licensee in which the licensee is | 18 | | authorized to sell, buy, barter, display, exchange, or deal | 19 | | in, on consignment or otherwise, manufactured homes or park | 20 | | models. | 21 | | (b) No person shall engage in this State in the business of
| 22 | | selling or dealing in, on consignment or otherwise,
| 23 | | manufactured homes or park models of any make, or act as an | 24 | | intermediary, agent, or broker for any manufactured home or | 25 | | park model purchaser, other than as a salesperson or to | 26 | | represent or advertise that he or she is so engaged or intends |
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| 1 | | to so engage in the business, unless licensed to do so by the | 2 | | Secretary of State under this Section. | 3 | | (c) An applicant for a manufactured home dealer's
license | 4 | | or a community-based manufactured home dealer's
license shall | 5 | | file an application with the Secretary of State. The | 6 | | application shall be duly
verified by oath, on such form as the | 7 | | Secretary of State may by
rule prescribe, and contain all of | 8 | | the following: | 9 | | (1) The name and type of business organization of the
| 10 | | applicant, and his or her established and additional places
| 11 | | of business, if any, in this State. | 12 | | (2) If the applicant is a corporation, a list of its
| 13 | | officers, directors, and shareholders having a 10% or
| 14 | | greater ownership interest in the corporation. If the
| 15 | | applicant is a sole proprietorship, a partnership, a
| 16 | | limited liability company, an unincorporated association,
| 17 | | a trust, or any similar form of business organization, the
| 18 | | name and residential address of the proprietor, or the name
| 19 | | and residential address of each partner, member, officer,
| 20 | | director, trustee, or manager. | 21 | | (3) The make or makes of new manufactured homes or park | 22 | | models that the applicant will offer for sale at retail in | 23 | | this State. | 24 | | (4) The name of each manufacturer or franchised
| 25 | | distributor, if any, of new manufactured homes or park | 26 | | models with whom the applicant has contracted for the sale |
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| 1 | | of new manufactured homes or park models. As evidence of | 2 | | this fact, the application shall be accompanied by a signed | 3 | | statement from each manufacturer or franchised | 4 | | distributor. | 5 | | (5) A statement that the applicant has been approved
| 6 | | for registration under the Retailers' Occupation Tax Act by
| 7 | | the Department of Revenue, except that this requirement
| 8 | | does not apply to a manufactured home dealer who is already
| 9 | | licensed with the Secretary of State and who is merely
| 10 | | applying for a renewal of a manufactured home dealer | 11 | | license. As evidence
of this fact, the application shall be | 12 | | accompanied by a
certification from the Department of | 13 | | Revenue showing that
the Department has approved the | 14 | | applicant for registration
under the Retailers' Occupation | 15 | | Tax Act. | 16 | | (6) In the case of an application for a manufactured | 17 | | home dealer's license, when the applicant is selling new | 18 | | manufactured homes or park models on behalf of a | 19 | | manufacturer of manufactured homes or park models, or 5 or | 20 | | more used manufactured homes or park models during the | 21 | | calendar year, a $1,000 license fee for the applicant's | 22 | | established place of business, and $100 for each additional | 23 | | place of business, if any, to which the application | 24 | | pertains. If the application is made after June 15 in any | 25 | | year, the license fee shall be $500 for the applicant's
| 26 | | established place of business, and $50 for each
additional |
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| 1 | | place of business, if any, to which the
application | 2 | | pertains. License fees shall be returnable
only in the | 3 | | event that the application is denied by the Secretary of | 4 | | State. | 5 | | Of the monies received by the Secretary of State as | 6 | | license fees under this paragraph (6), 95% shall be | 7 | | deposited into the General Revenue Fund and 5% into the | 8 | | Motor Vehicle License Plate Fund. | 9 | | (7) In the case of an application for a community-based | 10 | | manufactured home dealer's
license, when the applicant is | 11 | | selling 5 or more manufactured
homes during the calendar | 12 | | year not on behalf of a manufacturer of manufactured
homes, | 13 | | but within a community setting, a license fee of $500 for | 14 | | the
applicant's established place of business, and $50 for
| 15 | | each additional place of business, if any, to which the
| 16 | | application pertains. If the application is made after
June | 17 | | 15 in any year, the license fee shall be $250 for
the | 18 | | applicant's 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 (7), 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 | | (8) A statement that the applicant's officers,
| 2 | | directors, shareholders having a 10% or greater
ownership | 3 | | interest, proprietors, partners, members,
officers, | 4 | | directors, trustees, managers, or other principals
in the | 5 | | business have not committed in the past 3 years any
one | 6 | | violation, as determined in any civil, criminal, or
| 7 | | administrative hearing proceeding, of any one of the
| 8 | | following: | 9 | | (A) Article I of Chapter 4 of this
Code; | 10 | | (B) Chapter 3 of this Code; | 11 | | (C) Chapter 5 of this Code; | 12 | | (D) Section 21-2 of the Criminal Code of 2012; | 13 | | (E) the Retailers' Occupation Tax Act; | 14 | | (F) the Consumer Finance Act; | 15 | | (G) the Consumer Installment Loan Act; | 16 | | (H) the Retail Installment Sales Act; | 17 | | (I) the Motor Vehicle Retail Installment Sales | 18 | | Act; | 19 | | (J) the Interest Act; | 20 | | (K) the Illinois Wage Assignment Act; | 21 | | (L) Part 8 of Article XII of the Code of Civil
| 22 | | Procedure; or | 23 | | (M) the Consumer Fraud and Deceptive Business | 24 | | Practices Act. | 25 | | (9) A bond or certificate of deposit in the amount of
| 26 | | $20,000 for each license holder applicant intending to act
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| 1 | | as a manufactured home dealer or community-based
| 2 | | manufactured home dealer under this Section. The bond shall
| 3 | | be for the term of the license for which application is
| 4 | | made and shall expire not sooner than December 31 of the
| 5 | | year for which the license was issued. The bond shall run
| 6 | | to the People of the State of Illinois, with surety by a
| 7 | | bonding or insurance company authorized to do business in
| 8 | | this State. It shall be conditioned upon the proper
| 9 | | transmittal of all title and registration fees and taxes
| 10 | | (excluding taxes under the Retailers' Occupation Tax Act)
| 11 | | accepted by the applicant as a manufactured home dealer. | 12 | | (10) For dealers in business for over 5 years, at the | 13 | | option of the dealer, a certificate of insurance in lieu of | 14 | | the bond
or certificate of deposit upon renewing a license | 15 | | under this Section. | 16 | | (11) Any other information concerning the business of
| 17 | | the applicant as the Secretary of State may by rule
| 18 | | prescribe. | 19 | | (12) A statement that the applicant has read and
| 20 | | understands Chapters 1 through 5 of this Code. | 21 | | (d) Any change which renders no longer accurate any
| 22 | | information contained in any application for a license under | 23 | | this Section shall be amended within 30 days after the | 24 | | occurrence of the change on a form the Secretary of State may | 25 | | prescribe, by rule, accompanied by an amendatory fee of $25. | 26 | | (e) The Secretary of State shall, within a reasonable time
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| 1 | | after receipt, examine an application submitted to him or her
| 2 | | under this Section, and unless he or she makes a determination
| 3 | | that the application submitted to him or her does not conform
| 4 | | with the requirements of this Section or that grounds exist for
| 5 | | a denial of the application under Section 5-501 of this
| 6 | | Chapter, grant the applicant an initial manufactured home
| 7 | | dealer's license or a community-based manufactured home
| 8 | | dealer's license in writing for his or her established place
of | 9 | | business and a supplemental license in writing for each
| 10 | | additional place of business in a form the Secretary may
| 11 | | prescribe by rule. The license shall include the following: | 12 | | (1) the name of the person or entity licensed; | 13 | | (2) if a corporation, the name and address of its
| 14 | | officers; if a sole proprietorship, a partnership, an
| 15 | | unincorporated association, or any similar form of
| 16 | | business organization, the name and address of the
| 17 | | proprietor, or the name and address of each partner,
| 18 | | member, officer, director, trustee or manager; or if a
| 19 | | limited liability company, the name and address of the
| 20 | | general partner or partners or managing member or members; | 21 | | (3) in the case of an original license, the established | 22 | | place of business of the licensee; | 23 | | (4) in the case of a supplemental license, the
| 24 | | established place of business of the licensee and the
| 25 | | additional place of business to which the supplemental
| 26 | | license pertains; and |
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| 1 | | (5) if applicable, the make or makes of new
| 2 | | manufactured homes or park models the manufactured home | 3 | | dealer is licensed to sell. | 4 | | (f) The appropriate instrument evidencing the license or a
| 5 | | certified copy of the instrument, provided by the Secretary of
| 6 | | State, shall be kept posted conspicuously in the established
| 7 | | place of business of the licensee and in each additional place
| 8 | | of business, if any, maintained by the licensee, unless the
| 9 | | licensee is a community-based manufactured home dealer, then
| 10 | | the license shall be posted in the community-based manufactured
| 11 | | home dealer's central office and it shall include a list of the
| 12 | | other locations that the community-based manufactured home
| 13 | | dealer may oversee. | 14 | | (g) Except as provided in subsection (i) of this Section,
| 15 | | all licenses granted under this Section shall expire by | 16 | | operation of law on December 31 of the calendar year for which | 17 | | the licenses were granted, unless sooner revoked or cancelled | 18 | | under the provisions of Section 5-501 of this Chapter. | 19 | | (h) A person licensed as a manufactured home dealer or a
| 20 | | community-based manufactured home dealer is required to
| 21 | | furnish each purchaser of a manufactured home or park model: | 22 | | (1) in the case of a new manufactured home or park | 23 | | model, a manufacturer's statement of origin, and in the | 24 | | case of a previously owned manufactured home or park model, | 25 | | a certificate of title, in either case properly assigned to | 26 | | the purchaser; |
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| 1 | | (2) a statement verified under oath that all
| 2 | | identifying numbers on the vehicle match the identifying | 3 | | numbers on the certificate of title or manufacturer's | 4 | | statement of origin; | 5 | | (3) a bill of sale properly executed on behalf of the
| 6 | | purchaser; | 7 | | (4) a copy of the Uniform Invoice-transaction
| 8 | | reporting return form referred to in Section 5-402; and | 9 | | (5) for a new manufactured home or park model, a | 10 | | warranty, and in the case of a manufactured home or park | 11 | | model for which the warranty has been reinstated, a copy of | 12 | | the warranty; if no warranty is provided, a disclosure or | 13 | | statement that the manufactured home or park model is being | 14 | | sold "AS IS". | 15 | | (i) This Section does not apply to: (i) a seller who | 16 | | privately owns his or her manufactured home or park model as | 17 | | his or her main residence and is selling the manufactured home | 18 | | or park model to another individual or to a licensee; (ii) a | 19 | | retailer or entity licensed under either Section 5-101 or 5-102 | 20 | | of this Code; or (iii) an individual or entity licensed to sell | 21 | | truck campers, travel trailers, motor homes, or mini motor | 22 | | homes as defined by this Code. Any vehicle not covered by this | 23 | | Section that requires an individual or entity to obtain a | 24 | | license to sell 5 or more vehicles must obtain a license under | 25 | | the relevant provisions of this Code. | 26 | | (j) This Section does not apply to any person licensed
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| 1 | | under the Real Estate License Act of 2000. | 2 | | (k) The Secretary of State may adopt any rules necessary to | 3 | | implement this Section.
| 4 | | (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
| 5 | | Sec. 5-401.2. Licensees required to keep records and make | 6 | | inspections.
| 7 | | (a) Every person licensed or required to be licensed under | 8 | | Section 5-101,
5-101.1, 5-101.2, 5-102, 5-301 or 5-302 of this | 9 | | Code, shall, with the exception of
scrap
processors, maintain | 10 | | for 3 years, in a form as the Secretary of State may by
rule or | 11 | | regulation prescribe, at his established place of business, | 12 | | additional
place of business, or principal place of business if | 13 | | licensed under Section
5-302, the following records relating to | 14 | | the acquisition or disposition of
vehicles and their essential | 15 | | parts possessed in this State, brought into this
State from | 16 | | another state, territory or country, or sold or transferred to
| 17 | | another person in this State or in another state, territory, or | 18 | | country.
| 19 | | (1) The following records pertaining to new or used | 20 | | vehicles shall be
kept:
| 21 | | (A) the year, make, model, style and color of the | 22 | | vehicle;
| 23 | | (B) the vehicle's manufacturer's identification | 24 | | number or, if
applicable, the Secretary of State or | 25 | | Illinois Department of State Police
identification |
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| 1 | | number;
| 2 | | (C) the date of acquisition of the vehicle;
| 3 | | (D) the name and address of the person from whom | 4 | | the vehicle was
acquired and, if that person is a | 5 | | dealer, the Illinois or out-of-state
dealer license | 6 | | number of such person;
| 7 | | (E) the signature of the person making the | 8 | | inspection of a used vehicle
as required under | 9 | | subsection (d) of this Section, if applicable;
| 10 | | (F) the purchase price of the vehicle, if | 11 | | applicable;
| 12 | | (G) the date of the disposition of the vehicle;
| 13 | | (H) the name and address of the person to whom any | 14 | | vehicle was
disposed, and if that person is a dealer, | 15 | | the Illinois
or out-of-State dealer's license number | 16 | | of that dealer;
| 17 | | (I) the uniform invoice number reflecting the | 18 | | disposition of the
vehicle, if applicable; and
| 19 | | (J) The sale price of the vehicle, if applicable.
| 20 | | (2) (A) The following records pertaining to used | 21 | | essential
parts other than quarter panels and | 22 | | transmissions of vehicles of the first
division shall be | 23 | | kept:
| 24 | | (i) the year, make, model, color and type of such | 25 | | part;
| 26 | | (ii) the vehicle's manufacturer's identification |
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| 1 | | number, derivative
number, or, if applicable, the | 2 | | Secretary of State or Illinois Department of
State | 3 | | Police identification number of such part;
| 4 | | (iii) the date of the acquisition of each part;
| 5 | | (iv) the name and address of the person from whom | 6 | | the part was
acquired and, if that person is a dealer, | 7 | | the Illinois or out-of-state
dealer license number of | 8 | | such person; if the essential part being acquired
is | 9 | | from a person other than a dealer, the licensee shall | 10 | | verify and record
that person's identity by recording | 11 | | the identification numbers from at
least two sources of | 12 | | identification, one of which shall be a drivers
license | 13 | | or State identification card;
| 14 | | (v) the uniform invoice number or out-of-state | 15 | | bill of sale number
reflecting the acquisition of such | 16 | | part;
| 17 | | (vi) the stock number assigned to the essential | 18 | | part by the licensee,
if applicable;
| 19 | | (vii) the date of the disposition of such part;
| 20 | | (viii) the name and address of the person to whom | 21 | | such
part was disposed of and, if that person is a | 22 | | dealer, the Illinois or
out-of-state dealer license | 23 | | number of that person;
| 24 | | (ix) the uniform invoice number reflecting the | 25 | | disposition of
such part.
| 26 | | (B) Inspections of all essential parts shall be |
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| 1 | | conducted in accordance
with Section 5-402.1.
| 2 | | (C) A separate entry containing all of the information | 3 | | required to be
recorded in subparagraph (A) of paragraph | 4 | | (2) of subsection (a) of this
Section shall be made for | 5 | | each separate essential part. Separate entries
shall be | 6 | | made regardless of whether the part was a large purchase
| 7 | | acquisition. In addition, a separate entry shall be made | 8 | | for each part
acquired for immediate sale or transfer, or | 9 | | for placement into the overall
inventory or stock to be | 10 | | disposed of at a later time, or for use on a
vehicle to be | 11 | | materially altered by the licensee, or acquired for any | 12 | | other
purpose or reason. Failure to make a separate entry | 13 | | for each essential part
acquired or disposed of, or a | 14 | | failure to record any of the specific
information required | 15 | | to be recorded concerning the acquisition or
disposition of | 16 | | each essential part as set forth in subparagraph (A) of
| 17 | | paragraph (2) of subsection (a) shall constitute a failure | 18 | | to keep records.
| 19 | | (D) The vehicle's manufacturer's identification number | 20 | | or Secretary of
State or Illinois Department of State | 21 | | Police identification number for the
essential part shall | 22 | | be ascertained and recorded even if such part is
acquired | 23 | | from a person or dealer located in a State, territory, or | 24 | | country
which does not require that such information be | 25 | | recorded. If the vehicle's
manufacturer's identification | 26 | | number or Secretary of State or
Illinois Department of |
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| 1 | | State Police identification number for an essential part
| 2 | | cannot be obtained, that part shall not be acquired by the | 3 | | licensee or any of
his agents or employees. If such part or | 4 | | parts were physically acquired by the
licensee or any of | 5 | | his agents or employees while the licensee or
agent or | 6 | | employee was outside this State, that licensee or agent or
| 7 | | employee was outside the State, that licensee, agent or | 8 | | employee shall not
bring such essential part into this | 9 | | State or cause it to be brought into
this State. The | 10 | | acquisition or disposition of an essential part by a
| 11 | | licensee without the recording of the vehicle | 12 | | identification number or
Secretary of State identification | 13 | | number for such part or the
transportation into the State | 14 | | by the licensee or his agent or employee of
such part or | 15 | | parts shall constitute a failure to keep records.
| 16 | | (E) The records of essential parts required to be kept | 17 | | by this Section
shall apply to all hulks, chassis, frames | 18 | | or cowls, regardless of the age
of those essential parts. | 19 | | The records required to be kept by this Section
for | 20 | | essential parts other than hulks, chassis, frames or cowls, | 21 | | shall apply
only to those essential parts which are 6 model | 22 | | years of age or newer. In
determining the model year of | 23 | | such an essential part it may be presumed
that the | 24 | | identification number of the vehicle from which the | 25 | | essential part
came or the identification number affixed to | 26 | | the essential part itself
acquired by the licensee denotes |
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| 1 | | the model year of that essential part.
This presumption, | 2 | | however, shall not apply if the gross appearance of the
| 3 | | essential part does not correspond to the year, make or | 4 | | model of either the
identification number of the vehicle | 5 | | from which the essential part is
alleged to have come or | 6 | | the identification number which is affixed to the
essential | 7 | | part itself. To determine whether an essential part is 6 | 8 | | years
of age or newer within this paragraph, the model year | 9 | | of the
essential part shall be subtracted from the calendar | 10 | | year in which the
essential part is acquired or disposed of | 11 | | by the licensee. If the
remainder is 6 or less, the record | 12 | | of the acquisition or disposition of
that essential part | 13 | | shall be kept as required by this Section.
| 14 | | (F) The requirements of paragraph (2) of subsection (a) | 15 | | of this
Section shall not apply to the disposition of an | 16 | | essential part other than
a cowl which has been damaged or | 17 | | altered to a state in which it can no
longer be returned to | 18 | | a usable condition and which is being sold or
transferred | 19 | | to a scrap processor or for delivery to a scrap processor.
| 20 | | (3) the following records for vehicles on which junking | 21 | | certificates are
obtained shall be kept:
| 22 | | (A) the year, make, model, style and color of the | 23 | | vehicle;
| 24 | | (B) the vehicle's manufacturer's identification number | 25 | | or, if
applicable, the Secretary of State or Illinois | 26 | | Department of State Police
identification number;
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| 1 | | (C) the date the vehicle was acquired;
| 2 | | (D) the name and address of the person from whom the | 3 | | vehicle was
acquired and, if that person is a dealer, the | 4 | | Illinois or out-of-state
dealer license number of that | 5 | | person;
| 6 | | (E) the certificate of title number or salvage | 7 | | certificate number for
the vehicle, if applicable;
| 8 | | (F) the junking certificate number obtained by the | 9 | | licensee; this entry
shall be recorded at the close of | 10 | | business of the fifth business
day after
receiving the | 11 | | junking certificate;
| 12 | | (G) the name and address of the person to whom the | 13 | | junking certificate
has been assigned, if applicable, and | 14 | | if that person is a dealer, the Illinois
or out-of-state | 15 | | dealer license number of that dealer;
| 16 | | (H) if the vehicle or any part of the vehicle is | 17 | | dismantled for its
parts to be disposed of in any way, or | 18 | | if such parts are to be used by the
licensee to materially | 19 | | alter a vehicle, those essential parts shall be
recorded | 20 | | and the entries required by
paragraph (2) of subsection (a) | 21 | | shall be made.
| 22 | | (4) The following records for rebuilt vehicles shall be | 23 | | kept:
| 24 | | (A) the year, make, model, style and color of the | 25 | | vehicle;
| 26 | | (B) the vehicle's manufacturer's identification number |
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| 1 | | of the vehicle
or, if applicable, the Secretary of State or | 2 | | Illinois Department of State
Police identification number;
| 3 | | (C) the date the vehicle was acquired;
| 4 | | (D) the name and address of the person from whom the
| 5 | | vehicle was acquired, and if that person is a dealer, the | 6 | | Illinois or
out-of-state dealer license number of that
| 7 | | person;
| 8 | | (E) the salvage certificate number for the vehicle;
| 9 | | (F) the newly issued certificate of title number for | 10 | | the vehicle;
| 11 | | (G) the date of disposition of the vehicle;
| 12 | | (H) the name and address of the person to whom the | 13 | | vehicle was
disposed, and if a dealer, the Illinois or | 14 | | out-of-state dealer license
number of that dealer;
| 15 | | (I) The sale price of the vehicle.
| 16 | | (a-1) A person licensed or required to be licensed under | 17 | | Section 5-101 or
Section 5-102 of this Code who issues | 18 | | temporary registration permits as
permitted by
this Code and by | 19 | | rule must electronically file the registration with the
| 20 | | Secretary and must maintain records of the registration in the | 21 | | manner
prescribed by the Secretary.
| 22 | | (b) A failure to make separate entries for each vehicle | 23 | | acquired,
disposed of, or assigned, or a failure to record any | 24 | | of the specific
information required to be recorded concerning | 25 | | the acquisition or
disposition of each vehicle as set forth in | 26 | | paragraphs (1),
(3) and (4) of subsection (a) shall constitute |
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| 1 | | a failure to keep records.
| 2 | | (c) All entries relating to the acquisition of a vehicle or | 3 | | essential
part required by subsection (a) of this Section shall | 4 | | be recorded no later than
the close of business on the seventh | 5 | | calendar day following such acquisition.
All entries relating | 6 | | to the disposition of a vehicle or an essential part
shall be | 7 | | made at the time of such disposition. If the vehicle or | 8 | | essential
part was disposed of on the same day as its | 9 | | acquisition or the day
thereafter, the entries relating to the | 10 | | acquisition of the vehicle or
essential part shall be made at | 11 | | the time of the disposition of the vehicle
or essential part. | 12 | | Failure to make the entries required in or at the times
| 13 | | prescribed by this subsection following the acquisition or | 14 | | disposition of
such vehicle or essential part shall constitute | 15 | | a failure to keep records.
| 16 | | (d) Every person licensed or required to be licensed shall,
| 17 | | before accepting delivery of a used vehicle, inspect the
| 18 | | vehicle to determine whether the manufacturer's public vehicle
| 19 | | identification number has been defaced, destroyed,
falsified, | 20 | | removed, altered, or tampered with in any way. If the person
| 21 | | making the inspection determines that the manufacturer's | 22 | | public vehicle
identification number has been altered, | 23 | | removed, defaced, destroyed,
falsified or tampered with he | 24 | | shall not acquire that vehicle but instead
shall promptly | 25 | | notify law enforcement authorities of his finding.
| 26 | | (e) The information required to be kept in subsection (a) |
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| 1 | | of this
Section shall be kept in a manner prescribed by rule or | 2 | | regulation of the
Secretary of State.
| 3 | | (f) Every person licensed or required to be licensed shall | 4 | | have in his
possession a separate certificate of title, salvage | 5 | | certificate, junking
certificate, certificate of purchase, | 6 | | uniform invoice, out-of-state bill of
sale or other acceptable | 7 | | documentary evidence of his right to the
possession of every | 8 | | vehicle or essential part.
| 9 | | (g) Every person licensed or required to be licensed as a | 10 | | transporter
under Section 5-201 shall maintain for 3 years, in | 11 | | such form as the
Secretary of State may by rule or regulation | 12 | | prescribe, at his principal
place of business a record of every | 13 | | vehicle transported by him, including
numbers of or other marks | 14 | | of identification thereof, the names and
addresses of persons | 15 | | from whom and to whom the vehicle was delivered and
the dates | 16 | | of delivery.
| 17 | | (h) No later than 15 days prior to going out of business, | 18 | | selling the
business, or transferring the ownership of the | 19 | | business, the licensee shall
notify the Secretary of State that | 20 | | he is going out of business or that he
is transferring the | 21 | | ownership of the business. Failure to notify under this
| 22 | | paragraph shall constitute a failure to keep records.
| 23 | | (i) (Blank).
| 24 | | (j) A person who knowingly fails to comply with the | 25 | | provisions of this
Section or
knowingly fails to obey, observe, | 26 | | or comply with any order of the Secretary or
any law
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| 1 | | enforcement agency issued
in accordance with this Section is | 2 | | guilty of a Class B misdemeanor for the
first violation and a | 3 | | Class A misdemeanor for the second and subsequent
violations. | 4 | | Each violation constitutes a separate and distinct offense and | 5 | | a
separate count may be brought in the same indictment or | 6 | | information for each
vehicle or each essential part of a | 7 | | vehicle for which a record was not kept as
required by this | 8 | | Section.
| 9 | | (k) Any person convicted of failing to keep the records | 10 | | required by this
Section with intent to conceal the identity or | 11 | | origin of a vehicle or its
essential parts or with intent to | 12 | | defraud the public in the transfer or sale of
vehicles or their | 13 | | essential parts is guilty of a Class 2 felony. Each violation
| 14 | | constitutes a separate and distinct offense and a separate | 15 | | count may be brought
in the same indictment or information for | 16 | | each vehicle or
essential part of a vehicle for which a record | 17 | | was not kept as required by this
Section.
| 18 | | (l) A person may not be criminally charged with or | 19 | | convicted of both a
knowing failure to comply with this Section | 20 | | and a knowing failure to comply
with any order, if both | 21 | | offenses involve the same record keeping violation.
| 22 | | (m) The Secretary shall adopt rules necessary for | 23 | | implementation of this
Section, which may include the | 24 | | imposition of administrative fines.
| 25 | | (Source: P.A. 91-415, eff. 1-1-00; 92-773, eff. 8-6-02.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law. |
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