State of Illinois
92nd General Assembly
Legislation

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[ Senate Amendment 001 ]


92_SB0074

 
                                               LRB9205379DHmb

 1        AN ACT regarding vehicles.

 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
 5    changing Sections 3-821 and 5-102 as follows:

 6        (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
 7        Sec. 3-821. Miscellaneous Registration and Title Fees.
 8        (a)  The fee to be paid to the Secretary of State for the
 9    following certificates, registrations or evidences of  proper
10    registration,  or  for corrected or duplicate documents shall
11    be in accordance with the following schedule:
12        Certificate of Title, except for an all-terrain
13    vehicle or off-highway motorcycle                         $65
14        Certificate of Title for an all-terrain vehicle
15    or off-highway motorcycle                                 $30
16        Certificate of Title for an all-terrain  vehicle
17    or   off-highway   motorcycle  used  for  production
18    agriculture, or accepted by a dealer in trade              13
19        Transfer of Registration or any evidence of
20    proper registration                                        15
21        Duplicate Registration Card for plates or  other
22    evidence of proper registration                             3
23        Duplicate Registration Sticker or Stickers, each        5
24        Duplicate Certificate of Title                         65
25        Corrected  Registration  Card  or Card for other
26    evidence of proper registration                             3
27        Corrected Certificate of Title                         65
28        Salvage Certificate                                     4
29        Fleet Reciprocity Permit                               15
30        Prorate Decal                                           1
31        Prorate Backing Plate                                   3
 
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 1        There shall be no fee paid for a Junking Certificate.
 2        No fee shall be paid  by  a  not-for-profit  organization
 3    that  is  exempt  from  federal income taxation under Section
 4    501(c)(3) of the Internal Revenue Code for a  certificate  of
 5    title  for  a  used  vehicle  that  has  been  donated to the
 6    organization.
 7        (b)  The Secretary  may  prescribe  the  maximum  service
 8    charge  to  be  imposed  upon  an  applicant for renewal of a
 9    registration by any person authorized by law to  receive  and
10    remit  or  transmit to the Secretary such renewal application
11    and fees therewith.
12        (c)  If a  check  is  delivered  to  the  Office  of  the
13    Secretary  of  State as  payment of any fee or tax under this
14    Code, and such check is not honored by the bank on  which  it
15    is  drawn  for  any  reason,  the  registrant or other person
16    tendering the check remains liable for the  payment  of  such
17    fee  or  tax.  The  Secretary  of  State may assess a service
18    charge of $19 in addition to the fee or tax due and owing for
19    all dishonored checks.
20        If the total amount then due and owing  exceeds  the  sum
21    of  $50 and has not been paid in full within 60 days from the
22    date such fee or tax became due to the  Secretary  of  State,
23    the Secretary of State shall assess  a penalty of 25% of such
24    amount remaining unpaid.
25        All  amounts payable under this Section shall be computed
26    to the nearest dollar.
27        (d)  The minimum fee and tax to be paid by any  applicant
28    for  apportionment  of  a  fleet  of vehicles under this Code
29    shall be $15 if the application was filed on  or  before  the
30    date  specified by the Secretary together with fees and taxes
31    due.  If an application and the fees or taxes due  are  filed
32    after  the date specified by the Secretary, the Secretary may
33    prescribe the payment of interest at the rate of  1/2  of  1%
34    per  month  or  fraction  thereof  after  such due date and a
 
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 1    minimum of $8.
 2        (e)  Trucks, truck tractors, truck tractors  with  loads,
 3    and  motor  buses,  any  one of which having a combined total
 4    weight in excess of 12,000 lbs. shall file an application for
 5    a Fleet Reciprocity Permit issued by the Secretary of  State.
 6    This  permit  shall  be  in  the  possession  of  any  driver
 7    operating  a  vehicle  on  Illinois  highways.   Any  foreign
 8    licensed vehicle of the second division operating at any time
 9    in  Illinois  without  a  Fleet  Reciprocity  Permit or other
10    proper Illinois registration, shall subject the  operator  to
11    the  penalties  provided  in Section 3-834 of this Code.  For
12    the purposes of this Code, "Fleet Reciprocity  Permit"  means
13    any  second division motor vehicle with a foreign license and
14    used only in interstate transportation of goods.  The fee for
15    such permit shall be $15 per fleet which  shall  include  all
16    vehicles of the fleet being registered.
17        (f)  For  purposes  of this Section, "all-terrain vehicle
18    or off-highway motorcycle used  for  production  agriculture"
19    means  any all-terrain vehicle or off-highway motorcycle used
20    in the raising of or the propagation of livestock, crops  for
21    sale  for human consumption, crops for livestock consumption,
22    and production seed stock grown for the propagation  of  feed
23    grains  and  the  husbandry  of animals or for the purpose of
24    providing a food product, including the  husbandry  of  blood
25    stock   as  a  main  source  of  providing  a  food  product.
26    "All-terrain  vehicle  or  off-highway  motorcycle  used   in
27    production agriculture" also means any all-terrain vehicle or
28    off-highway    motorcycle    used    in   animal   husbandry,
29    floriculture, aquaculture, horticulture, and viticulture.
30    (Source: P.A. 90-287,  eff.  1-1-98;  90-774,  eff.  8-14-98;
31    91-37, eff. 7-1-99; 91-441, eff. 1-1-00; revised 10-19-99.)

32        (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
33        Sec. 5-102.  Used vehicle dealers must be licensed.
 
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 1        (a)  Except  as  provided in subsection (a-1), no person,
 2    other than a licensed new vehicle dealer, shall engage in the
 3    business  of  selling  or  dealing  in,  on  consignment   or
 4    otherwise,  5  or  more  used vehicles of any make during the
 5    year (except house trailers as authorized by paragraph (j) of
 6    this Section and  rebuilt  salvage  vehicles  sold  by  their
 7    rebuilders to persons licensed under this Chapter), or act as
 8    an  intermediary,  agent or broker for any licensed dealer or
 9    vehicle purchaser (other than as a salesperson) or  represent
10    or advertise that he is so engaged or intends to so engage in
11    such  business  unless  licensed to do so by the Secretary of
12    State under the provisions of this Section.
13        (a-1)  The licensing requirements of this Section do  not
14    apply  to  a  not-for-profit organization that is exempt from
15    federal  income  taxation  under  Section  501(c)(3)  of  the
16    Internal Revenue  Code  and  that  sells  or   consigns  used
17    vehicles that have been donated to the organization.
18        (b)  An  application  for a used vehicle dealer's license
19    shall be filed with the Secretary of State, duly verified  by
20    oath,  in  such form as the Secretary of State may by rule or
21    regulation prescribe and shall contain:
22             1.  The  name  and  type  of  business  organization
23        established and additional places of business, if any, in
24        this State.
25             2.  If the applicant is a corporation, a list of its
26        officers,  directors,  and  shareholders  having  a   ten
27        percent or greater ownership interest in the corporation,
28        setting  forth  the  residence  address  of  each; if the
29        applicant is a sole  proprietorship,  a  partnership,  an
30        unincorporated  association, a trust, or any similar form
31        of business organization, the names and residence address
32        of the proprietor or of each  partner,  member,  officer,
33        director, trustee or manager.
34             3.  A statement that the applicant has been approved
 
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 1        for  registration under the Retailers' Occupation Tax Act
 2        by the Department of Revenue. However,  this  requirement
 3        does  not  apply  to  a  dealer  who  is already licensed
 4        hereunder with the Secretary of State, and who is  merely
 5        applying  for  a  renewal  of his license. As evidence of
 6        this fact, the application  shall  be  accompanied  by  a
 7        certification from the Department of Revenue showing that
 8        the   Department   has   approved   the   applicant   for
 9        registration under the Retailers' Occupation Tax Act.
10             4.  A statement that the applicant has complied with
11        the   appropriate  liability  insurance  requirement.   A
12        Certificate of Insurance in a solvent company  authorized
13        to do business in the State of Illinois shall be included
14        with  each application covering each location at which he
15        proposes to act as a used  vehicle  dealer.   The  policy
16        must provide liability coverage in the minimum amounts of
17        $100,000  for  bodily injury to, or death of, any person,
18        $300,000 for bodily injury to, or death of, two  or  more
19        persons  in  any  one accident, and $50,000 for damage to
20        property.  Such  policy  shall  expire  not  sooner  than
21        December  31 of the year for which the license was issued
22        or renewed.  The expiration of the insurance policy shall
23        not terminate the  liability  under  the  policy  arising
24        during  the  period  for  which  the  policy  was  filed.
25        Trailer  and  mobile  home  dealers  are exempt from this
26        requirement.
27             5.  An  application  for  a  used  vehicle  dealer's
28        license shall be accompanied  by  the  following  license
29        fees:
30             $50  for  applicant's established place of business,
31        and $25 for each additional place of business, if any, to
32        which  the  application   pertains;   however,   if   the
33        application  is  made  after  June  15  of  any year, the
34        license fee shall  be  $25  for  applicant's  established
 
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 1        place  of  business plus $12.50 for each additional place
 2        of business, if any, to which the  application  pertains.
 3        License  fees  shall be returnable only in the event that
 4        the application is denied by the Secretary of State.
 5             6.  A  statement  that  the  applicant's   officers,
 6        directors, shareholders having a 10% or greater ownership
 7        interest  therein,  proprietor, partner, member, officer,
 8        director, trustee, manager or  other  principals  in  the
 9        business  have  not committed in the past 3 years any one
10        violation  as  determined  in  any  civil,  criminal   or
11        administrative  proceedings  of  any one of the following
12        Acts:
13                  (A)  The  Anti  Theft  Laws  of  the   Illinois
14             Vehicle Code;
15                  (B)  The  Certificate  of  Title  Laws  of  the
16             Illinois Vehicle Code;
17                  (C)  The   Offenses  against  Registration  and
18             Certificates of Title Laws of the  Illinois  Vehicle
19             Code;
20                  (D)  The  Dealers,  Transporters,  Wreckers and
21             Rebuilders Laws of the Illinois Vehicle Code;
22                  (E)  Section 21-2 of the Illinois Criminal Code
23             of 1961, Criminal Trespass to Vehicles; or
24                  (F)  The Retailers' Occupation Tax Act.
25             7.  A  statement  that  the  applicant's   officers,
26        directors, shareholders having a 10% or greater ownership
27        interest  therein,  proprietor, partner, member, officer,
28        director, trustee, manager or  other  principals  in  the
29        business  have  not  committed  in any calendar year 3 or
30        more violations, as determined in any civil  or  criminal
31        or  administrative proceedings, of any one or more of the
32        following Acts:
33                  (A)  The Consumer Finance Act;
34                  (B)  The Consumer Installment Loan Act;
 
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 1                  (C)  The Retail Installment Sales Act;
 2                  (D)  The Motor Vehicle Retail Installment Sales
 3             Act;
 4                  (E)  The Interest Act;
 5                  (F)  The Illinois Wage Assignment Act;
 6                  (G)  Part 8 of Article XII of the Code of Civil
 7             Procedure; or
 8                  (H)  The Consumer Fraud Act.
 9             8.  A bond or Certificate of Deposit in  the  amount
10        of  $20,000  for  each  location  at  which the applicant
11        intends to act as a used vehicle dealer.  The bond  shall
12        be for the term of the license, or its renewal, for which
13        application  is  made,  and  shall expire not sooner than
14        December 31 of the year for which the license was  issued
15        or  renewed.   The  bond  shall  run to the People of the
16        State of Illinois, with surety by a bonding or  insurance
17        company  authorized  to  do  business  in this State.  It
18        shall be conditioned upon the proper transmittal  of  all
19        title  and  registration  fees and taxes (excluding taxes
20        under the Retailers' Occupation Tax Act) accepted by  the
21        applicant as a used vehicle dealer.
22             9.  Such  other  information concerning the business
23        of the applicant as the Secretary of State may by rule or
24        regulation prescribe.
25             10.  A  statement  that  the  applicant  understands
26        Chapter 1 through Chapter 5 of this Code.
27        (c)  Any change which  renders  no  longer  accurate  any
28    information  contained  in any application for a used vehicle
29    dealer's license shall be amended within 30  days  after  the
30    occurrence  of  each  change on such form as the Secretary of
31    State may prescribe by rule or regulation, accompanied by  an
32    amendatory fee of $2.
33        (d)  Anything   in   this   Chapter   to   the   contrary
34    notwithstanding,  no  person  shall  be  licensed  as  a used
 
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 1    vehicle dealer unless such person  maintains  an  established
 2    place of business as defined in this Chapter.
 3        (e)  The  Secretary  of  State shall, within a reasonable
 4    time after receipt, examine an application submitted  to  him
 5    under   this   Section.   Unless   the   Secretary   makes  a
 6    determination that the application submitted to him  does not
 7    conform to this Section or that grounds exist for a denial of
 8    the application under Section 5-501 of this Chapter, he  must
 9    grant the applicant an original used vehicle dealer's license
10    in writing for  his  established  place  of  business  and  a
11    supplemental  license in writing for each additional place of
12    business in  such  form  as  he  may  prescribe  by  rule  or
13    regulation which shall include the following:
14             1.  The name of the person licensed;
15             2.  If  a  corporation,  the name and address of its
16        officers or if a sole proprietorship, a  partnership,  an
17        unincorporated   association   or  any  similar  form  of
18        business  organization,  the  name  and  address  of  the
19        proprietor or of each partner, member, officer, director,
20        trustee or manager;
21             3.  In 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 such supplemental
26        license pertains.
27        (f)  The appropriate instrument evidencing the license or
28    a certified copy thereof, provided by the Secretary of  State
29    shall be kept posted, conspicuously, in the established place
30    of  business  of the licensee and in each additional place of
31    business, if any, maintained by such licensee.
32        (g)  Except  as  provided  in  subsection  (h)  of   this
33    Section,  all  used  vehicle  dealer's licenses granted under
34    this Section expire by operation of law on December 31 of the
 
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 1    calendar year  for  which  they  are  granted  unless  sooner
 2    revoked or cancelled under Section 5-501 of this Chapter.
 3        (h)  A  used vehicle dealer's license may be renewed upon
 4    application and payment  of  the  fee  required  herein,  and
 5    submission of proof of coverage by an approved bond under the
 6    "Retailers'  Occupation  Tax  Act" or proof that applicant is
 7    not subject to such bonding requirements, as in the  case  of
 8    an  original  license,  but  in  case  an application for the
 9    renewal of an effective license is made during the  month  of
10    December,  the  effective license shall remain in force until
11    the application for renewal  is  granted  or  denied  by  the
12    Secretary of State.
13        (i)  All  persons  licensed  as a used vehicle dealer are
14    required to furnish each purchaser of a motor vehicle:
15             1.  A certificate of title properly assigned to  the
16        purchaser;
17             2.  A   statement   verified  under  oath  that  all
18        identifying numbers on the vehicle agree  with  those  on
19        the certificate of title;
20             3.  A  bill  of  sale properly executed on behalf of
21        such person;
22             4.  A  copy  of  the   Uniform   Invoice-transaction
23        reporting  return  referred  to  in Section 5-402 of this
24        Chapter;
25             5.  In the case of a rebuilt vehicle, a copy of  the
26        Disclosure of Rebuilt Vehicle Status; and
27             6.  In  the case of a vehicle for which the warranty
28        has been reinstated, a copy of the warranty.
29        (j)  A real estate broker holding a valid certificate  of
30    registration  issued pursuant to "The Real Estate Brokers and
31    Salesmen License Act" may engage in the business  of  selling
32    or  dealing  in  house  trailers  not  his  own without being
33    licensed as a used vehicle dealer under this Section; however
34    such broker  shall  maintain  a  record  of  the  transaction
 
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 1    including the following:
 2             (1)  the name and address of the buyer and seller,
 3             (2)  the date of sale,
 4             (3)  a description of the mobile home, including the
 5        vehicle identification number, make, model, and year, and
 6             (4)  the Illinois certificate of title number.
 7        The  foregoing  records shall be available for inspection
 8    by any officer of the Secretary  of  State's  Office  at  any
 9    reasonable hour.
10    (Source: P.A. 88-158; 89-189, eff. 1-1-96.)

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.

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