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Public Act 102-0154 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Sections 3-100.1, 3-100.2, 3-104, 3-104.5, 3-112.1, | ||||
3-113, 3-209, 3-403, 3-405.1, 3-506, 3-802, 3-805, 3-806.1, | ||||
3-806.5, 5-100, 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, and | ||||
5-301 and by adding Sections 1-213.8 and 5-505 as follows: | ||||
(625 ILCS 5/1-213.8 new) | ||||
Sec. 1-213.8. Uniform Invoice. A form created by the | ||||
Secretary for the purpose of transporting vehicles and | ||||
essential parts that does not convey or transfer ownership | ||||
rights of a vehicle from one entity to another.
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(625 ILCS 5/3-100.1)
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Sec. 3-100.1. Use of electronic records.
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(a) To the extent authorized by the Secretary of State and | ||||
in accordance
with standards and procedures prescribed by the | ||||
Secretary of State:
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(1) Certificates, certifications, affidavits,
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applications, assignments, statements, notices,
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documents, and other records required under this
Chapter | ||||
may be created, distributed, and received
in electronic |
form.
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(2) Signatures required under this Chapter may be made | ||
as electronic
signatures or may be waived.
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(3) Delivery of records required under this Chapter | ||
may be made by any
means, including electronic delivery.
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(4) Fees and taxes required to be paid under this | ||
Chapter may be made
by electronic means; provided that any
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forms, records, electronic records, and methods of | ||
electronic payment
relating to the filing and payment of | ||
taxes shall be prescribed by the
Department of Revenue.
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(a-5) No later than July 1, 2022 2021 , the Secretary of | ||
State shall implement, manage, and administer an electronic | ||
lien and title system that will permit a lienholder to | ||
perfect, assign, and release a lien under this Code. The | ||
system may include the points in subsection (a) as to the | ||
identified objectives of the program. The Secretary shall | ||
establish by administrative rule the standards and procedures | ||
relating to the management and implementation of the mandatory | ||
electronic lien and title system established under this | ||
subsection. The Secretary may charge a reasonable fee for | ||
performing the services and functions relating to the | ||
management and administration of the system. The fee shall be | ||
set by administrative rule adopted by the Secretary. | ||
(b) Electronic records accepted by the Secretary of State | ||
have the
same force and effect as records created on paper by | ||
writing, typing,
printing, or similar means. The procedures |
established by the
Secretary of State concerning the | ||
acceptance of electronic filings
and electronic records shall | ||
ensure that the electronic filings and
electronic records are | ||
received and stored accurately and that they
are readily | ||
available to satisfy any statutory requirements that call
for | ||
a written record.
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(c) Electronic signatures accepted by the Secretary of | ||
State shall have the
same force and effect as manual | ||
signatures.
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(d) Electronic delivery of records accepted by the | ||
Secretary of State shall
have the same force and effect as | ||
physical delivery of records.
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(e) Electronic records and electronic signatures accepted | ||
by the Secretary
of State shall be admissible in all | ||
administrative, quasi-judicial,
and judicial proceedings. In | ||
any such proceeding, nothing in the
application of the rules | ||
of evidence shall apply so as to deny the
admissibility of an | ||
electronic record or electronic signature into
evidence on the | ||
sole ground that it is an electronic record or
electronic | ||
signature, or on the grounds that it is not in its
original | ||
form or is not an original. Information in the form of an
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electronic record shall be given due evidentiary weight by the | ||
trier
of fact.
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(f) The Secretary may contract with a private contractor | ||
to carry out the Secretary's duties under this Section. | ||
(Source: P.A. 101-490, eff. 1-1-20 .)
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(625 ILCS 5/3-100.2)
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Sec. 3-100.2. Electronic access; agreements with
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submitters. | ||
(a) No later than July 1, 2022 2021 , the Secretary of State | ||
shall require a licensee under Chapter 3 or 5 of this Code to | ||
submit
any record required to be submitted to the Secretary of | ||
State by
using electronic media deemed feasible by the | ||
Secretary of State. The Secretary of State may also require | ||
the licensee to submit the original paper
record. The | ||
Secretary of State shall also require a
person or licensee to | ||
receive any record to be provided by the Secretary of State
by | ||
using electronic media deemed feasible by the Secretary of | ||
State,
instead of providing the original paper record.
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(b) No later than July 1, 2022 2021 , electronic submittal, | ||
receipt, and delivery of records and electronic
signatures | ||
shall be supported by a signed agreement between the Secretary | ||
of State
and the submitter. The agreement shall require, at a | ||
minimum, each
record to include all information necessary to | ||
complete a
transaction, certification by the submitter upon | ||
its best knowledge as to the
truthfulness of
the data to be
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submitted to the Secretary of State, and retention by the | ||
submitter of
supporting records.
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(c) No later than July 1, 2022 2021 , the Secretary of State | ||
shall establish minimum
transaction volume levels, audit and | ||
security
standards, technological requirements, and other |
terms
and conditions he or she deems necessary for approval of | ||
the
electronic delivery process.
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(d) When an agreement is made to accept electronic
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records, the Secretary of State shall not be required
to | ||
produce a written record for
the submitter with whom the | ||
Secretary of State has
the agreement until requested to do so | ||
by the submitter.
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(e) No later than July 1, 2022 2021 , the Secretary of State | ||
shall
provide electronic notification to the
lienholder | ||
submitter to verify the notation and perfection of the | ||
lienholder's
security interest in a vehicle on the certificate | ||
of title required to be created as an
electronic record under | ||
Section 3-100.1. Upon receipt of an electronic message from a | ||
lienholder
submitter with a security interest in a vehicle for | ||
which the certificate of
title is an electronic record that | ||
the lien should be released, the Secretary
of State shall | ||
enter the appropriate electronic record of the release of lien
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and print and mail a paper certificate of title to the owner or | ||
lienholder at
no expense. The Secretary of State may also mail | ||
the certificate to any other
person that delivers to the | ||
Secretary of State an authorization from the owner
to receive | ||
the certificate. If another lienholder holds a properly | ||
perfected
security interest in the vehicle as reflected in the | ||
records of the Secretary
of State, the certificate shall be | ||
delivered to that lienholder instead of the
owner.
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(f) The Secretary may contract with a private contractor |
to carry out the Secretary's duties under this Section. | ||
(Source: P.A. 101-490, eff. 1-1-20 .)
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(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
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Sec. 3-104. Application for certificate of title.
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(a) The application for a certificate of title for a | ||
vehicle in this
State must be made by the owner to the | ||
Secretary of State on the form
prescribed and must contain:
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1. The name, Illinois residence, mail address, and, if | ||
available, email address of the owner;
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2. A description of the vehicle including, so far as | ||
the following
data exists: Its make, year-model, | ||
identifying number, type of body,
whether new or used, as | ||
to house trailers as
defined in Section 1-128 of this | ||
Code, and as to manufactured homes as defined in Section | ||
1-144.03 of this Code, the square footage based upon the | ||
outside dimensions excluding
the length of the tongue and | ||
hitch, and, as to vehicles of the
second division, whether | ||
for-hire, not-for-hire, or both for-hire and
not-for-hire;
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3. The date of purchase by applicant and, if | ||
applicable, the name and
address of the person from whom | ||
the vehicle was acquired and the names and
addresses of | ||
any lienholders in the order of their priority and | ||
signatures of
owners;
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4. The current odometer reading at the time of | ||
transfer and that the
stated odometer reading is one of |
the following: actual mileage, not
the actual mileage or | ||
mileage is in excess of its mechanical limits; and
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5. Any further information the Secretary of State | ||
reasonably
requires to identify the vehicle and to enable | ||
him to determine whether
the owner is entitled to a | ||
certificate of title and the existence or
nonexistence of | ||
security interests in the vehicle. | ||
(a-5) The Secretary of State shall designate on the | ||
prescribed application form a space where the owner of a | ||
vehicle may designate a beneficiary, to whom ownership of the | ||
vehicle shall pass in the event of the owner's death.
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(b) If the application refers to a vehicle purchased from | ||
a dealer,
it must also be signed by the dealer as well as the | ||
owner, and the dealer must
promptly mail or deliver the | ||
application and required documents to the
Secretary of State.
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(c) If the application refers to a vehicle last previously
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registered in another State or country, the application must | ||
contain or
be accompanied by:
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1. Any certified document of ownership so recognized | ||
and issued by
the other State or country and acceptable to | ||
the Secretary of State, and
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2. Any other information and documents the Secretary | ||
of State
reasonably requires to establish the ownership of | ||
the vehicle and the
existence or nonexistence of security | ||
interests in it.
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(d) If the application refers to a new vehicle it must be
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accompanied by the Manufacturer's Statement of Origin, or | ||
other documents
as required and acceptable by the Secretary of | ||
State, with such
assignments as may be necessary to show title | ||
in the applicant.
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(e) If an application refers to a vehicle rebuilt from a | ||
vehicle
previously salvaged, that application shall comply | ||
with the provisions
set forth in Sections 3-302 through 3-304 | ||
of this Code.
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(f) An application for a certificate of title for any | ||
vehicle,
whether purchased in Illinois or outside Illinois, | ||
and even if
previously registered in another State, must be | ||
accompanied by either an
exemption determination from the | ||
Department of Revenue showing that no
tax imposed pursuant to | ||
the Use Tax Act or the vehicle use tax imposed by
Section | ||
3-1001 of the Illinois Vehicle Code is owed by anyone with | ||
respect to
that vehicle, or a receipt from the Department of | ||
Revenue showing that any tax
so imposed has been paid. An | ||
application for a certificate of title for any
vehicle | ||
purchased outside Illinois, even if previously registered in | ||
another
state, must be accompanied by either an exemption | ||
determination from the
Department of Revenue showing that no | ||
tax imposed pursuant to the Municipal Use
Tax Act or the County | ||
Use Tax Act is owed by anyone with respect to that
vehicle, or | ||
a receipt from the Department of Revenue showing that any tax | ||
so
imposed has been paid. In the absence of such a receipt for | ||
payment or
determination of exemption from the Department, no |
certificate of title shall
be issued to the applicant.
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If the proof of payment of the tax or of nonliability | ||
therefor is,
after the issuance of the certificate of title | ||
and display certificate
of title, found to be invalid, the | ||
Secretary of State shall revoke the
certificate and require | ||
that the certificate of title and, when
applicable, the | ||
display certificate of title be returned to him.
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(g) If the application refers to a vehicle not | ||
manufactured in
accordance with federal safety and emission | ||
standards, the application must
be accompanied by all | ||
documents required by federal governmental
agencies to meet | ||
their standards before a vehicle is allowed to be issued
title | ||
and registration.
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(h) If the application refers to a vehicle sold at public | ||
sale by a
sheriff, it must be accompanied by the required fee | ||
and a bill of sale
issued and signed by a sheriff. The bill of | ||
sale must identify the new
owner's name and address, the year | ||
model, make and vehicle identification
number of the vehicle, | ||
court order document number authorizing such sale,
if | ||
applicable, and the name and address of any lienholders in | ||
order of
priority, if applicable.
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(i) If the application refers to a vehicle for which a | ||
court of law
determined the ownership, it must be accompanied | ||
with a certified copy of
such court order and the required fee. | ||
The court order must indicate the
new owner's name and | ||
address, the complete description of the vehicle, if
known, |
the name and address of the lienholder, if any, and must be | ||
signed
and dated by the judge issuing such order.
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(j) If the application refers to a vehicle sold at public | ||
auction pursuant
to the Labor and Storage Lien (Small Amount) | ||
Act, it must be
accompanied by an affidavit or affirmation | ||
furnished by the Secretary of
State along with the
documents | ||
described in the affidavit or affirmation and the required | ||
fee.
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(k) The Secretary may provide an expedited process for the | ||
issuance of vehicle titles. Expedited title applications must | ||
be delivered to the Secretary of State's Vehicle Services | ||
Department in Springfield by express mail service or hand | ||
delivery. Applications must be complete, including necessary | ||
forms, fees, and taxes. Applications received before noon on a | ||
business day will be processed and shipped that same day. | ||
Applications received after noon on a business day will be | ||
processed and shipped the next business day. The Secretary | ||
shall charge an additional fee of $30 for this service, and | ||
that fee shall cover the cost of return shipping via an express | ||
mail service. All fees collected by the Secretary of State for | ||
expedited services shall be deposited into the Motor Vehicle | ||
License Plate Fund. In the event the Vehicle Services | ||
Department determines that the volume of expedited title | ||
requests received on a given day exceeds the ability of the | ||
Vehicle Services Department to process those requests in an | ||
expedited manner, the Vehicle Services Department may decline |
to provide expedited services, and the additional fee for the | ||
expedited service shall be refunded to the applicant. | ||
(l) If the application refers to a homemade trailer, (i) | ||
it must be accompanied by the appropriate documentation | ||
regarding the source of materials used in the construction of | ||
the trailer, as required by the Secretary of State, (ii) the | ||
trailer must be inspected by a Secretary of State employee | ||
prior to the issuance of the title, and (iii) upon approval of | ||
the Secretary of State, the trailer must have a vehicle | ||
identification number, as provided by the Secretary of State, | ||
stamped or riveted to the frame. | ||
(m) The holder of a Manufacturer's Statement of Origin to | ||
a manufactured home may deliver it to any person to facilitate | ||
conveying or encumbering the manufactured home. Any person | ||
receiving any such Manufacturer's Statement of Origin so | ||
delivered holds it in trust for the person delivering it. | ||
(n) Within 45 days after the completion of the first | ||
retail sale of a manufactured home, the Manufacturer's | ||
Statement of Origin to that manufactured home must be | ||
surrendered to the Secretary of State either in conjunction | ||
with an application for a certificate of title for that | ||
manufactured home or in accordance with Section 3-116.1. | ||
(o) Each application for certificate of title for a motor | ||
vehicle shall be verified by the National Motor Vehicle Title | ||
Information System (NMVTIS) for a vehicle history report prior | ||
to the Secretary issuing a certificate of title. |
(p) The Secretary, at the Secretary's discretion, may use | ||
any commercially available title history service to assist in | ||
determining the proper title designation of a motor vehicle | ||
before the issuance of a certificate of title. | ||
(Source: P.A. 99-414, eff. 8-20-15; 100-145, eff. 1-1-18 .)
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(625 ILCS 5/3-104.5) | ||
Sec. 3-104.5. Application NMVTIS warnings or errors. | ||
(a) Each application for a certificate of title or a | ||
salvage certificate for a motor vehicle that is verified by | ||
the National Motor Vehicle Title Information System (NMVTIS) | ||
that is returned with a warning or error shall be reviewed by | ||
the Secretary of State, or his or her designees, as to whether | ||
the warning or error warrants a change to the type of title or | ||
brand that is issued to a motor vehicle. If the Secretary needs | ||
supplemental information to verify or corroborate the | ||
information received from a NMVTIS report, then the Secretary | ||
may use any available commercial title history services or | ||
other Secretary of State resources to assist in determining | ||
the vehicle's proper designation. | ||
(b) Any motor vehicle application for a certificate of | ||
title or a salvage certificate that another state has | ||
previously issued a title or brand indicating that the status | ||
of the motor vehicle is equivalent to a junk vehicle, as | ||
defined in Section 1-134.1 of this Code, shall receive a title | ||
with a "prior out of state junk" brand if that history item was |
issued 120 months or more before the date of the submission of | ||
the current application for title. | ||
(c) Any motor vehicle application for a certificate of | ||
title or a salvage certificate that is returned with a NMVTIS | ||
warning or error indicating that another state has previously | ||
issued a title or brand indicating the status of the motor | ||
vehicle is equivalent to a junk vehicle, as defined in Section | ||
1-134.1 of this Code, shall be issued a junk certificate that | ||
reflects the motor vehicle's structural history, if the | ||
previously issued title or brand from another state was issued | ||
less than 120 months before the date of the submission of the | ||
current application for title. | ||
(d) Any motor vehicle application for a certificate of | ||
title or a salvage certificate that is returned with a NMVTIS | ||
warning or error indicating a brand or label from another | ||
jurisdiction, that does not have a similar or comparable brand | ||
or label in this State, shall include a notation or brand on | ||
the certificate of title stating "previously branded". | ||
(e) Any motor vehicle that is subject to the federal Truth | ||
in Mileage Act, and is returned with a NMVTIS warning or error | ||
indicating the stated mileage of the vehicle on the | ||
application for certificate of title is 1,500 or fewer miles | ||
less than a previously recorded mileage for the vehicle, shall | ||
be deemed as having an acceptable margin of error and the | ||
higher of the 2 figures shall be indicated on the new | ||
certificate of title, if the previous mileage was recorded |
within 90 days of the date of the current application for title | ||
and if there are no indications of fraud or malfeasance, or of | ||
altering or tampering with the odometer. | ||
(f) Any applicant for a certificate of title or a salvage | ||
certificate who receives an alternative salvage or junk | ||
certificate, or who receives a certificate of title with a | ||
brand or label indicating the vehicle was previously rebuilt | ||
prior out of state junk, previously branded, or flood, may | ||
contest the Secretary's designations by requesting an | ||
administrative hearing under Section 2-116 of this Code. | ||
(g) The Secretary may adopt any rules necessary to | ||
implement this Section.
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(h) The Secretary, in the Secretary's discretion, may use | ||
any commercially available title history service to assist in | ||
determining the proper title designation of a motor vehicle | ||
before the issuance of a certificate of title. | ||
(Source: P.A. 99-414, eff. 8-20-15.)
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(625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
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Sec. 3-112.1. Odometer.
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(a) All titles issued by the Secretary of State
beginning | ||
January, 1990, shall provide for an odometer
certification | ||
substantially as follows:
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"I certify to the best of my knowledge that the odometer | ||
reading is and
reflects the actual mileage of the vehicle | ||
unless one of the following
statements is checked.
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...................
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( ) 1. The mileage stated is in excess of its mechanical | ||
limits.
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( ) 2. The odometer reading is not the actual mileage.
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Warning - Odometer Discrepancy."
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(b) When executing any transfer of title which contains | ||
the odometer
certification as described in paragraph (a) | ||
above, each transferor of a motor
vehicle must supply on the | ||
title form the following information:
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(1) The odometer reading at the time of transfer and | ||
an indication if
the mileage is in excess of its | ||
mechanical limits or if it is not the
actual mileage;
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(2) The date of transfer;
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(3) The transferor's printed name and signature; and
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(4) The transferee's printed name and address.
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(c) The transferee must sign on the title form indicating | ||
that he or
she is aware of the odometer certification made by | ||
the transferor.
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(d) The transferor will not be required to disclose the
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current odometer reading and the transferee will not have to | ||
acknowledge
such disclosure under the following circumstances:
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(1) A vehicle having a Gross Vehicle Weight Rating of | ||
more than 16,000
pounds;
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(2) A vehicle that is not self-propelled;
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(3) A vehicle that : is | ||
(A) before January 1, 2031, is model year 2010 or |
older; or | ||
(B) after January 1, 2031, is 20 10 years old or | ||
older;
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(4) A vehicle sold directly by the manufacturer to any | ||
agency of the
United States; and
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(5) A vehicle manufactured without an odometer.
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(e) When the transferor signs the title transfer such | ||
transferor
acknowledges that he or she is aware that Federal | ||
regulations and State law
require him or her to state the | ||
odometer mileage upon transfer of ownership.
An inaccurate or | ||
untruthful statement with intent to defraud subjects the
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transferor to liability for damages to the transferee pursuant | ||
to the federal
Motor Vehicle Information and Cost Act of 1972, | ||
P.L. 92-513 as amended by P.L.
94-364. No transferor shall be | ||
liable for damages as provided under this
Section who | ||
transfers title to a motor vehicle which has an odometer | ||
reading
that has been altered or tampered with by a previous | ||
owner, unless that
transferor knew or had reason to know of | ||
such alteration or tampering and sold
such vehicle with an | ||
intent to defraud. A cause of action is hereby created by
which | ||
any person who, with intent to defraud, violates any | ||
requirement imposed
under this Section shall be liable in an | ||
amount equal to the sum of:
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(1) three times the amount of actual damages sustained | ||
or $1,500,
whichever is the greater; and
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(2) in the case of any successful action to enforce |
the foregoing
liability, the costs of the action together | ||
with reasonable attorney fees as
determined by the court.
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Any recovery based on a cause of action under this Section | ||
shall be offset
by any recovery made pursuant to the federal | ||
Motor Vehicle Information and
Cost Savings Act of 1972.
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(f) The provisions of this Section shall not apply to any | ||
motorcycle,
motor driven cycle, moped, antique vehicle, or | ||
expanded-use antique vehicle.
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(g) The Secretary of State may adopt rules and regulations | ||
providing
for a transition period for all non-conforming | ||
titles.
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(Source: P.A. 97-412, eff. 1-1-12.)
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(625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113) | ||
Sec. 3-113. Transfer to or from dealer; records.
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(a) After a dealer buys a vehicle and holds it for resale, | ||
the
dealer must procure the
certificate of title from the | ||
owner or the lienholder. The dealer may hold
the certificate | ||
until he or she transfers the vehicle to another person.
Upon | ||
transferring the vehicle to another person,
the dealer shall | ||
promptly and within 20
days
execute the assignment and | ||
warranty of title by a dealer, showing the names and
addresses | ||
of the transferee and of any lienholder holding a security | ||
interest
created or reserved at the time of the resale, in the | ||
spaces provided therefor
on the certificate or as the | ||
Secretary of State prescribes, and mail or deliver
the |
certificate to the Secretary of State with the transferee's | ||
application for
a new certificate, except as provided in | ||
Section 3-117.2.
A dealer has complied with this Section if | ||
the date of the mailing of the certificate, as indicated by the | ||
postmark, is within 20 days of the date on which the vehicle | ||
was transferred to another person.
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(b) The Secretary of State may decline to process any | ||
application for a
transfer of an interest in a vehicle if any | ||
fees or taxes due under this
Code from the transferor or the | ||
transferee have not been paid upon
reasonable notice and | ||
demand.
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(c) Any person who violates this Section shall be guilty | ||
of a petty offense.
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(d) Beginning January 1, 2014, the Secretary of State is | ||
authorized to impose a delinquent vehicle dealer transfer fee | ||
of $20 if the certificate of title is received by the Secretary | ||
from the dealer 30 days but less than 60 days after the date of | ||
sale. If the certificate of title is received by the Secretary | ||
from the dealer 60 days but less than 90 days after the date of | ||
sale, the delinquent dealer transfer fee shall be $35. If the | ||
certificate of title is received by the Secretary from the | ||
dealer 90 days but less than 120 days after the date of sale, | ||
the delinquent vehicle dealer transfer fee shall be $65. If | ||
the certificate of title is received by the Secretary from the | ||
dealer 120 days or more after the date of the sale, the | ||
delinquent vehicle dealer transfer fee shall be $100. All |
monies collected under this subsection shall be deposited into | ||
the CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||
(e) Beginning January 1, 2022, the Secretary of State is | ||
authorized to issue a certificate of title in the name of the | ||
dealership to a licensed dealer under Chapter 5 for $20 if the | ||
surrendered certificate of title has no space to assign the | ||
certificate of title again. | ||
(f) Any licensee under Chapter 5 who sells, transfers, or | ||
wholesales a vehicle out of State shall mail the certificate | ||
of title to the physical business address in the requisite | ||
jurisdiction in lieu of transferring title at the time of | ||
sale. | ||
(Source: P.A. 98-177, eff. 1-1-14.)
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(625 ILCS 5/3-209) (from Ch. 95 1/2, par. 3-209)
| ||
Sec. 3-209. Powers of Secretary of State.
| ||
(a) The Secretary of State shall prescribe and provide | ||
suitable forms of
applications, certificates of title, notices | ||
of security interests, and all
other notices and forms | ||
necessary to carry out the provisions of this
chapter.
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(b) The Secretary of State may:
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1. Make necessary investigations to procure information | ||
required to
carry out the provisions of this Act . ;
| ||
2. Assign a new identifying number to a vehicle if it has | ||
none, or its
identifying number is destroyed or obliterated, | ||
or its motor is changed,
and shall either issue a new |
certificate of title showing the new
identifying number or | ||
make an appropriate endorsement on the original
certificate.
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3. Remove a franchise affiliate's lien so that the | ||
franchise affiliate may pursue the balance of the lien with | ||
the defunct dealership instead of the constituent. This item | ||
applies if a franchise dealer neglects to pay off a trade-in | ||
vehicle's lien, and that lien is held by the franchise | ||
affiliate. The Secretary shall make this determination | ||
pursuant to an investigation by the Secretary of State | ||
Department of Police. | ||
(Source: P.A. 76-1586.)
| ||
(625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403)
| ||
Sec. 3-403. Trip and Short-term permits.
| ||
(a) The Secretary of State may issue a short-term permit | ||
to operate a
nonregistered first or second division vehicle | ||
within the State of Illinois
for a period of not more than 7 | ||
days. Any second division vehicle
operating
on such permit may | ||
operate only on empty weight. The fee for the
short-term | ||
permit shall be $6 for permits purchased on
or before June 30, | ||
2003
and $10 for permits purchased on or after July 1, 2003. | ||
For short-term
permits purchased on or after July 1, 2003, $4 | ||
of the fee collected for the
purchase of each permit shall be | ||
deposited into the General Revenue Fund.
| ||
This permit may also be issued to operate an unladen | ||
registered vehicle
which is suspended under the Vehicle |
Emissions Inspection Law and allow it
to be driven on the roads | ||
and highways of the State in order to be repaired
or when | ||
traveling travelling to and from an emissions inspection | ||
station.
| ||
(b) The Secretary of State may, subject to reciprocal | ||
agreements,
arrangements or declarations made or entered into | ||
pursuant to Section
3-402, 3-402.4 or by rule, provide for and | ||
issue registration permits for
the use of Illinois highways by | ||
vehicles of the second division on an
occasional basis or for a | ||
specific and special short-term use, in
compliance with rules | ||
and regulations promulgated by the Secretary of
State, and | ||
upon payment of the prescribed fee as follows:
| ||
One-trip permits. A registration permit for one trip, or | ||
one round-trip
into and out of Illinois, for a period not to | ||
exceed 72 consecutive hours
or 3 calendar days may be | ||
provided, for a fee as prescribed in Section 3-811.
| ||
Three-month One-Month permits. A registration permit for | ||
90 30 days may be provided for
a fee of $13 for registration | ||
plus 1/10 of the flat weight tax.
The minimum fee for such | ||
permit shall be $31.
| ||
In-transit permits. A registration permit for one trip may | ||
be provided
for vehicles in transit by the driveaway or | ||
towaway method and operated
by a transporter in compliance | ||
with the Illinois Motor Carrier of Property
Law, for a fee as | ||
prescribed in Section 3-811.
| ||
Illinois Temporary Apportionment Authorization Permits. An |
apportionment
authorization permit for forty-five days for the | ||
immediate operation of
a vehicle upon application for and | ||
prior to receiving apportioned credentials
or interstate | ||
credentials from the State of Illinois. The fee for
such | ||
permit shall be $3.
| ||
Illinois Temporary Prorate Authorization Permit. A prorate | ||
authorization
permit for forty-five days for the immediate | ||
operation of a vehicle upon
application for and prior to | ||
receiving prorate credentials or interstate
credentials from | ||
the State of Illinois. The fee for such permit shall be
$3.
| ||
(c) The Secretary of State shall promulgate by such rule | ||
or regulation,
schedules of fees and taxes for such permits | ||
and in computing the amount
or amounts due, may round off such | ||
amount to the nearest full dollar amount.
| ||
(d) The Secretary of State shall further prescribe the | ||
form of application
and permit and may require such | ||
information and data as necessary and proper,
including | ||
confirming the status or identity of the applicant and the | ||
vehicle
in question.
| ||
(e) Rules or regulations promulgated by the Secretary of | ||
State under this
Section shall provide for reasonable and | ||
proper limitations and restrictions
governing the application | ||
for and issuance and use of permits, and shall
provide for the | ||
number of permits per vehicle or per applicant, so as to
| ||
preclude evasion of annual registration requirements as may be | ||
required by
this Act.
|
(f) Any permit under this Section is subject to suspension | ||
or revocation
under this Act, and in addition, any such permit | ||
is subject to suspension
or revocation should the Secretary of | ||
State determine that the vehicle
identified in any permit | ||
should be properly registered in Illinois. In the
event any | ||
such permit is suspended or revoked, the permit is then null | ||
and
void, may not be re-instated, nor is a refund therefor | ||
available. The
vehicle identified in such permit may not | ||
thereafter be operated in
Illinois without being properly | ||
registered as provided in this Chapter.
| ||
(Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)
| ||
(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
| ||
Sec. 3-405.1. Application for vanity and personalized | ||
license plates.
| ||
(a) Vanity license plates mean any license plates, | ||
assigned to a passenger
motor vehicle of the first division, | ||
to a motor vehicle of the second
division registered at not | ||
more than 8,000 pounds, to a trailer weighing 8,000 pounds or | ||
less paying the flat weight tax, to a funeral home vehicle, an | ||
electric vehicle, or to a recreational
vehicle, which display | ||
a registration number containing 1 to 7 letters and no
numbers | ||
or 1, 2, or 3 numbers and no letters as requested by the owner | ||
of the
vehicle and license plates issued to retired members of | ||
Congress under Section
3-610.1 or to retired members of the | ||
General Assembly as provided in Section
3-606.1. Personalized |
license plates mean any license plates, assigned to a
| ||
passenger motor vehicle of the first division, to a motor | ||
vehicle of the second
division registered at not more than | ||
8,000 pounds, to a trailer weighing 8,000 pounds or less | ||
paying the flat weight tax, to a funeral home vehicle, an | ||
electric vehicle, or to a recreational
vehicle, which display | ||
a registration number containing one of the following
| ||
combinations of letters and numbers, as requested by the owner | ||
of the vehicle:
| ||
Standard Passenger Plates
| ||
First Division Vehicles
| ||
1 letter plus 0-99
| ||
2 letters plus 0-99
| ||
3 letters plus 0-99
| ||
4 letters plus 0-99
| ||
5 letters plus 0-99
| ||
6 letters plus 0-9
| ||
Second Division Vehicles
| ||
8,000 pounds or less, Trailers
| ||
8,000
pounds or less paying the flat | ||
weight tax, and Recreation Vehicles
| ||
0-999 plus 1 letter
|
0-999 plus 2 letters
| ||
0-999 plus 3 letters
| ||
0-99 plus 4 letters
| ||
0-9 plus 5 letters
| ||
(b) For any registration period commencing after December | ||
31, 2003, any
person who is the registered owner of a passenger | ||
motor vehicle of the first
division, of a motor vehicle of the | ||
second division registered at not
more than 8,000 pounds, of a | ||
trailer weighing 8,000 pounds or less paying the flat weight | ||
tax, of a funeral home vehicle, of an electric vehicle, or of a | ||
recreational vehicle registered with the
Secretary of State or | ||
who makes application for an original registration of
such a | ||
motor vehicle or renewal registration of such a motor vehicle | ||
may,
upon payment of a fee prescribed in Section 3-806.1 or | ||
Section 3-806.5,
apply to the Secretary of State for vanity or | ||
personalized license plates.
| ||
(c) Except as otherwise provided in this Chapter 3, vanity | ||
and personalized
license plates as issued under this Section | ||
shall be the same color and design
as other passenger vehicle | ||
license plates or electric vehicle license plates and shall | ||
not in any manner conflict
with any other existing passenger, | ||
commercial, trailer, motorcycle, or special
license plate | ||
series. However, special registration plates issued under
| ||
Sections 3-611 and 3-616 for vehicles operated by or for | ||
persons with
disabilities may also be vanity or personalized | ||
license plates.
|
(d) Vanity and personalized license plates shall be issued | ||
only to the
registered owner of the vehicle on which they are | ||
to be displayed, except
as provided in Sections 3-611 and | ||
3-616 for special registration plates
for vehicles operated by | ||
or for persons with
disabilities.
| ||
(e) An applicant for the issuance of vanity or | ||
personalized license
plates or subsequent renewal thereof | ||
shall file an application in such form
and manner and by such | ||
date as the Secretary of State may, in his discretion,
| ||
require.
| ||
No vanity nor personalized license plates shall be | ||
approved, manufactured, or
distributed that contain any | ||
characters, symbols other than the international
accessibility | ||
symbol for vehicles operated by or for
persons with | ||
disabilities, foreign words, or letters of punctuation.
| ||
(f) Vanity and personalized license plates as issued | ||
pursuant to this
Act may be subject to the Staggered | ||
Registration System as prescribed by
the Secretary of State.
| ||
(g) For purposes of this Section, "funeral home vehicle" | ||
means any motor vehicle of the first division or motor vehicle | ||
of the second division weighing 8,000 pounds or less that is | ||
owned or leased by a funeral home. | ||
(h) As used in this Section, "electric vehicle" means any | ||
vehicle that is required to be registered under Section 3-805. | ||
(Source: P.A. 100-956, eff. 1-1-19 .)
|
(625 ILCS 5/3-506) | ||
Sec. 3-506. Transfer of plates to spouses of military | ||
service members. Upon the death of a military service member | ||
who has been issued a special plate under Section 3-609.1, | ||
3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, | ||
3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669, | ||
3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, | ||
3-699.12, 3-699.15, 3-699.16, or 3-699.17 , 3-699.19, or | ||
3-699.20 of this Code, the surviving spouse of that service | ||
member may retain the plate so long as that spouse is a | ||
resident of Illinois and transfers the registration to his or | ||
her name within 180 days of the death of the service member. | ||
For the purposes of this Section, "service member" means | ||
any individual who is serving or has served in any branch of | ||
the United States Armed Forces, including the National Guard | ||
or other reserve components of the Armed Forces, and has been | ||
issued a special plate listed in this Section.
| ||
(Source: P.A. 100-201, eff. 8-18-17; 101-51, eff. 7-12-19.)
| ||
(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
| ||
Sec. 3-802. Reclassifications and upgrades.
| ||
(a) Definitions. For the purposes of this Section, the | ||
following words
shall have the meanings ascribed to them as | ||
follows:
| ||
"Reclassification" means changing the registration of | ||
a vehicle from one
plate category to another.
|
"Upgrade" means increasing the registered weight of a | ||
vehicle within the
same plate category.
| ||
(b) When reclassing the registration of a vehicle from one | ||
plate category
to another, the owner shall receive credit for | ||
the unused portion of the
present
plate and be charged the | ||
current portion fees for the new plate. In addition,
the | ||
appropriate replacement plate and replacement sticker fees | ||
shall be
assessed.
| ||
(b-5) Beginning with the 2019 registration year, any | ||
individual who has a registration issued under either Section | ||
3-405 or 3-405.1 that qualifies for a special license plate | ||
under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, | ||
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, | ||
3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, | ||
3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.15, | ||
3-699.16, 3-699.17, 3-699.19, or 3-699.20 or 3-699.17 may | ||
reclass his or her registration upon acquiring a special | ||
license plate listed in this subsection (b-5) without a | ||
replacement plate or digital plate fee or registration sticker | ||
or digital registration sticker cost. | ||
(b-10) Beginning with the 2019 registration year, any | ||
individual who has a special license plate issued under | ||
Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, | ||
3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, | ||
3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, | ||
3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 may |
reclass his or her special license plate upon acquiring a new | ||
registration under Section 3-405 or 3-405.1 without a | ||
replacement plate or digital plate fee or registration sticker | ||
or digital registration sticker cost. | ||
(c) When upgrading the weight of a registration within the | ||
same plate
category, the owner shall pay the difference in | ||
current period fees between the 2
two plates. In addition, the | ||
appropriate replacement plate and replacement
sticker fees | ||
shall be assessed. In the event new plates are not required, | ||
the
corrected registration card fee shall be assessed.
| ||
(d) In the event the owner of the vehicle desires to change | ||
the registered
weight and change the plate category, the owner | ||
shall receive credit for the
unused portion of the | ||
registration fee of the current plate and pay the current
| ||
portion of the registration fee for the new plate, and in | ||
addition, pay the
appropriate replacement plate
and | ||
replacement sticker fees.
| ||
(e) Reclassing from one plate category to another plate | ||
category can be done
only once within any registration period.
| ||
(f) No refunds shall be made in any of the circumstances | ||
found in subsection
(b), subsection (c), or subsection (d); | ||
however, when reclassing from a flat
weight plate to an | ||
apportioned plate, a refund may be issued if the credit | ||
amounts to an overpayment.
| ||
(g) In the event the registration of a vehicle registered | ||
under the mileage
tax option is revoked, the owner shall be |
required to pay the annual
registration fee in the new plate | ||
category and shall not receive any credit for
the mileage | ||
plate fees.
| ||
(h) Certain special interest plates may be displayed on | ||
first division
vehicles, second division vehicles weighing | ||
8,000 pounds or less, and
recreational
vehicles. Those plates | ||
can be transferred within those vehicle groups.
| ||
(i) Plates displayed on second division vehicles weighing | ||
8,000 pounds or
less and passenger vehicle plates may be | ||
reclassed from one division to the
other.
| ||
(j) Other than in subsection (i), reclassing from one | ||
division to the
other division is prohibited. In addition, a | ||
reclass from a motor vehicle to a
trailer or a trailer to a | ||
motor vehicle is prohibited.
| ||
(Source: P.A. 100-246, eff. 1-1-18; 100-450, eff. 1-1-18; | ||
100-863, eff. 8-14-18; 101-51, eff. 7-12-19; 101-395, eff. | ||
8-16-19; revised 9-24-19.)
| ||
(625 ILCS 5/3-805) (from Ch. 95 1/2, par. 3-805)
| ||
Sec. 3-805. Electric vehicles. | ||
(a) The Until January 1, 2020, the owner of a motor vehicle | ||
of the first division or a motor vehicle of the second division | ||
weighing 8,000 pounds or less propelled by an
electric engine | ||
and not utilizing motor fuel , may register such vehicle for
a | ||
fee not to exceed $35 for a 2-year registration period.
The | ||
Secretary may, in his discretion, prescribe that electric |
vehicle
registration plates be issued for an indefinite term, | ||
such term to correspond
to the term of registration plates | ||
issued generally, as provided in Section
3-414.1. In no event | ||
may the registration fee for electric vehicles exceed
$18 per | ||
registration year. Beginning on January 1, 2020, the | ||
registration fee for these vehicles shall be equal to the fee | ||
set forth in Section 3-806 for motor vehicles of the first | ||
division, other than Autocycles, Motorcycles, Motor Driven | ||
Cycles, and Pedalcycles. In addition to the registration fees, | ||
the Secretary shall assess an additional $100 per year in lieu | ||
of the payment of motor fuel taxes. $1 of the additional fees | ||
shall be deposited into the Secretary of State Special | ||
Services Fund and the remainder of the additional fees shall | ||
be deposited into the Road Fund. | ||
(b) Beginning with the 2023 registration year, upon the | ||
request of the vehicle owner, an electric vehicle owner may | ||
register an electric vehicle with any qualifying registration | ||
issued under this Chapter, and an additional $100 surcharge | ||
shall be collected in addition to the applicable registration | ||
fee. The $100 additional fee is to identify the vehicle as an | ||
electric vehicle. The $100 additional fee is an annual, flat | ||
fee that shall be based on an applicant's new or existing | ||
registration year for the vehicle's corresponding weight | ||
category. A designation as an electric vehicle under this | ||
subsection shall not alter a vehicle's registration. Of the | ||
additional fees, $1 shall be deposited into the Secretary of |
State Special Services Fund, and the remainder of the | ||
additional fees shall be deposited into the Road Fund. The | ||
Secretary shall adopt any rules necessary to implement this | ||
subsection (b).
| ||
(Source: P.A. 101-32, eff. 6-28-19.)
| ||
(625 ILCS 5/3-806.1) (from Ch. 95 1/2, par. 3-806.1)
| ||
Sec. 3-806.1. Additional fees for vanity license plates. | ||
In addition to
the regular registration fee or electric | ||
vehicle registration fee , an applicant for a vanity license | ||
plate, other than a vanity plate in any military series or a | ||
vanity plate issued under Section 3-664, shall be charged $94
| ||
for each set of vanity license plates issued to a vehicle of | ||
the first
division or a vehicle of the second division | ||
registered at not more than
8,000 pounds or to a recreational | ||
vehicle and $50 for each set of
vanity plates issued to an | ||
autocycle or motorcycle. In addition to the regular renewal | ||
fee or electric vehicle registration renewal fee ,
an applicant | ||
for a vanity plate, other than a vanity plate in any military | ||
series or a vanity plate issued under Section 3-664, shall be | ||
charged $13 for the renewal of each set of
vanity license | ||
plates. There shall be no additional fees for a vanity license | ||
plate in any military series of plates or a vanity plate issued | ||
under Section 3-664.
| ||
(Source: P.A. 98-777, eff. 1-1-15 .)
|
(625 ILCS 5/3-806.5)
| ||
Sec. 3-806.5. Additional fees for personalized license | ||
plates. For
registration periods commencing after December 31, | ||
2003, in addition to the
regular registration fee or electric | ||
vehicle registration fee , an applicant for a personalized | ||
license plate, other than a personalized plate in any military | ||
series or a personalized plate issued under Section 3-664, | ||
shall be charged $47 for each set of
personalized license | ||
plates issued to a vehicle of the first division or
a vehicle | ||
of the second division registered at not more than 8,000 | ||
pounds
or to a recreational vehicle and $25 for each set of | ||
personalized plates issued
to an autocycle or motorcycle. In | ||
addition to the regular renewal fee or electric vehicle | ||
registration renewal fee , an applicant for a personalized | ||
plate other than a personalized plate in any military series | ||
or a personalized plate issued under Section 3-664, shall be
| ||
charged $7 for the renewal of each set of personalized license | ||
plates. There shall be no additional fees charged for a | ||
personalized plate in any military series of plates or a | ||
personalized plate issued under Section 3-664. Of the
money | ||
received by the Secretary of State as additional fees for | ||
personalized
license plates, 50% shall be deposited into the | ||
Secretary of State Special
License Plate Fund and 50% shall be | ||
deposited into the General Revenue Fund.
| ||
(Source: P.A. 98-777, eff. 1-1-15 .)
|
(625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
| ||
Sec. 5-100. Definitions. For the purposes of this Chapter, | ||
the following
words shall have the meanings ascribed to them | ||
as follows:
| ||
"Additional place of business" means a place owned or | ||
leased and occupied
by the dealer in addition to its | ||
established place of business, at which the
dealer conducts or | ||
intends to conduct business on a permanent or long term
basis. | ||
The term does not include an area where an off site sale or | ||
exhibition
is conducted. The Secretary of State shall adopt | ||
guidelines for the
administration and enforcement of this | ||
definition by rule.
| ||
"Display exhibition" means a temporary display of vehicles | ||
by a dealer
licensed under Section 5-101 or 5-102, at a | ||
location at which no vehicles are
offered for sale, that is | ||
conducted at a place other than the dealer's
established and | ||
additional places of business.
| ||
"Established place of business" means the place owned or | ||
leased and occupied
by any person duly licensed or required to | ||
be licensed as a dealer for the
purpose of engaging in selling, | ||
buying, bartering, displaying, exchanging or
dealing in, on | ||
consignment or otherwise, vehicles and their essential parts
| ||
and for such other ancillary purposes as may be permitted by | ||
the Secretary
by rule. It shall include an office in which the | ||
dealer's records shall be
separate and distinct from any other | ||
business or tenant which may occupy
space in the same building |
except as provided in Section 5-101.1. This
office shall not | ||
be located in a house
trailer, residence, tent, temporary | ||
stand, temporary address, room or rooms
in a hotel or rooming | ||
house, nor the premises occupied by a single or
multiple unit | ||
residence. "Established place of business" only includes a | ||
place with an outdoor lot capable of parking at least 5 | ||
vehicles or an indoor lot with space for a minimum of one | ||
vehicle to be parked in its indoor showroom. The established | ||
place of business of a scrap
processor shall be the fixed | ||
location where the scrap processor maintains
its principal | ||
place of business. The Secretary of State shall, by rule and
| ||
regulation, adopt guidelines for the administration and | ||
enforcement of this
definition, such as, but not limited to | ||
issues concerning the required
hours of operation, describing | ||
where vehicles are displayed and offered for
sale, where books | ||
and records are maintained and requirements for the
| ||
fulfillment of warranties. A dealer may have an additional | ||
place of business
as defined under this Section.
| ||
"Motor vehicle financing affiliate" means a business | ||
organization
registered to
do
business in Illinois that, | ||
pursuant to a written contract with either (1) a
single new or | ||
used
motor vehicle dealer or (2) a single group of new or used | ||
motor vehicle dealers
that share
a common ownership within the | ||
group, purchases new or used motor vehicles on
behalf
of the | ||
dealer or group of dealers and then sells, transfers, or | ||
assigns those
motor vehicles
to the dealer or group of |
dealers. The motor vehicle financing affiliate must
be
| ||
incorporated or organized solely to purchase new or used | ||
vehicles on behalf of
the new or
used motor vehicle dealer or | ||
group of dealers with which it has contracted,
shall not sell
| ||
motor vehicles at retail, shall perform only those business | ||
functions related
to the
purchasing of motor vehicles and | ||
selling, transferring, or assigning those
motor vehicles
to | ||
the dealer or group of dealers. The motor vehicle financing | ||
affiliate must
be licensed
under the provisions of Section | ||
5-101.1 and must not be licensed as a new or
used motor
vehicle | ||
dealer.
| ||
"Off site sale" means the temporary display and sale of | ||
vehicles, for a
period of not more than 7 calendar days | ||
(excluding Sundays), by a dealer
licensed under Section 5-101 | ||
or 5-102 at a place other than the dealer's
established and | ||
additional places of business.
| ||
"Relevant market area", for a new vehicle dealer licensed | ||
under Section
5-101 and for a used vehicle dealer licensed | ||
under Section 5-102, means the
area within 10 miles of the | ||
established or additional place of business of the
dealer | ||
located in a county with a population of 300,000 or more, or | ||
within 15
miles if the established place of business is | ||
located in a county with a
population of less than 300,000.
| ||
"Trade show exhibition" means a temporary display of | ||
vehicles,
by dealers licensed under Section 5-101 or 5-102, or | ||
any other
person as defined in subsection (c) of Section |
5-102.1, at a location at which
no vehicles are offered for | ||
sale that is conducted at a place other than the
dealer's | ||
established and additional places of business. In order for a | ||
display
exhibition to be considered a trade
show exhibition, | ||
it must be participated in by at least 3
dealers, 2 of which | ||
must be licensed under Section 5-101 or 5-102; and
a trade show | ||
exhibition of new vehicles shall only be participated in by
| ||
licensed new vehicle dealers at least 2 of which must be | ||
licensed under Section
5-101.
| ||
(Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)
| ||
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||
Sec. 5-101. New vehicle dealers must be licensed.
| ||
(a) No person shall engage in this State in the business of | ||
selling
or dealing in, on consignment or otherwise, new | ||
vehicles of any make, or
act as an intermediary or agent or | ||
broker for any licensed dealer or
vehicle purchaser other than | ||
as a salesperson, or represent or advertise
that he is so | ||
engaged or intends to so engage in such business unless
| ||
licensed to do so in writing by the Secretary of State under | ||
the
provisions of this Section.
| ||
(b) An application for a new vehicle dealer's license | ||
shall be filed
with the Secretary of State, duly verified by | ||
oath, on such form as the
Secretary of State may by rule or | ||
regulation prescribe and shall contain:
| ||
1. The name and type of business organization of the |
applicant and
his established and additional places of | ||
business, if any, in this State.
| ||
2. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent | ||
or greater ownership
interest in the corporation, setting | ||
forth the residence address of
each; if the applicant is a | ||
sole proprietorship, a partnership, an
unincorporated | ||
association, a trust, or any similar form of business
| ||
organization, the name and residence address of the | ||
proprietor or of
each partner, member, officer, director, | ||
trustee, or manager.
| ||
3. The make or makes of new vehicles which the | ||
applicant will offer
for sale at retail in this State.
| ||
4. The name of each manufacturer or franchised | ||
distributor, if any,
of new vehicles with whom the | ||
applicant has contracted for the sale of
such new | ||
vehicles. As evidence of this fact, the application shall | ||
be
accompanied by a signed statement from each such | ||
manufacturer or
franchised distributor. If the applicant | ||
is in the business of
offering for sale new conversion | ||
vehicles, trucks or vans, except for
trucks modified to | ||
serve a special purpose which includes but is not
limited | ||
to the following vehicles: street sweepers, fertilizer | ||
spreaders,
emergency vehicles, implements of husbandry or | ||
maintenance type vehicles,
he must furnish evidence of a | ||
sales and service agreement from both the
chassis |
manufacturer and second stage manufacturer.
| ||
5. A statement that the applicant has been approved | ||
for registration
under the Retailers' Occupation Tax Act | ||
by the Department of Revenue:
Provided that this | ||
requirement does not apply to a dealer who is already
| ||
licensed hereunder with the Secretary of State, and who is | ||
merely applying
for a renewal of his license. As evidence | ||
of this fact, the application
shall be accompanied by a | ||
certification from the Department of Revenue
showing that | ||
that Department has approved the applicant for | ||
registration
under the Retailers' Occupation Tax Act.
| ||
6. A statement that the applicant has complied with | ||
the appropriate
liability insurance requirement. A | ||
Certificate of Insurance in a solvent
company authorized | ||
to do business in the State of Illinois shall be included
| ||
with each application covering each location at which he | ||
proposes to act
as a new vehicle dealer. The policy must | ||
provide liability coverage in
the minimum amounts of | ||
$100,000 for bodily injury to, or death of, any person,
| ||
$300,000 for bodily injury to, or death of, two or more | ||
persons in any one
accident, and $50,000 for damage to | ||
property. Such policy shall expire
not sooner than | ||
December 31 of the year for which the license was issued
or | ||
renewed. The expiration of the insurance policy shall not | ||
terminate
the liability under the policy arising during | ||
the period for which the
policy was filed. Trailer and |
mobile home dealers are exempt from this
requirement.
| ||
If the permitted user has a liability insurance policy | ||
that provides
automobile
liability insurance coverage of | ||
at least $100,000 for bodily injury to or the
death of any
| ||
person, $300,000 for bodily injury to or the death of any 2 | ||
or more persons in
any one
accident, and $50,000 for | ||
damage to property,
then the permitted user's insurer | ||
shall be the primary
insurer and the
dealer's insurer | ||
shall be the secondary insurer. If the permitted user does | ||
not
have a liability
insurance policy that provides | ||
automobile liability insurance coverage of at
least
| ||
$100,000 for bodily injury to or the death of any person, | ||
$300,000 for bodily
injury to or the death of any 2 or more | ||
persons in any one accident, and
$50,000 for damage to | ||
property, or does not have any insurance at all,
then the | ||
dealer's insurer shall be the primary insurer and the | ||
permitted user's
insurer shall be the secondary
insurer.
| ||
When a permitted user is "test driving" a new vehicle | ||
dealer's automobile,
the new vehicle dealer's insurance | ||
shall be primary and the permitted user's
insurance shall | ||
be secondary.
| ||
As used in this paragraph 6, a "permitted user" is a | ||
person who, with the
permission of the new vehicle dealer | ||
or an employee of the new vehicle dealer,
drives a vehicle | ||
owned and held for sale or lease by the new vehicle dealer
| ||
which the person is considering
to purchase or lease, in |
order to evaluate the performance, reliability, or
| ||
condition of the vehicle.
The term "permitted user" also | ||
includes a person who, with the permission of
the new
| ||
vehicle dealer, drives a vehicle owned or held for sale or | ||
lease by the new
vehicle dealer
for loaner purposes while | ||
the user's vehicle is being repaired or evaluated.
| ||
As used in this paragraph 6, "test driving" occurs | ||
when a permitted user
who,
with the permission of the new | ||
vehicle dealer or an employee of the new vehicle
dealer, | ||
drives a vehicle owned and held for sale or lease by a new | ||
vehicle
dealer that the person is considering to purchase | ||
or lease, in order to
evaluate the performance, | ||
reliability, or condition of the
vehicle.
| ||
As used in this paragraph 6, "loaner purposes" means | ||
when a person who,
with the permission of the new vehicle | ||
dealer, drives a vehicle owned or held
for sale or lease by | ||
the new vehicle dealer while the
user's vehicle is being | ||
repaired or evaluated.
| ||
7. (A) An application for a new motor vehicle dealer's | ||
license shall be
accompanied by the following license | ||
fees:
| ||
(i) $1,000 for applicant's established place of | ||
business, and
$100 for each
additional place of | ||
business, if any, to which the application
pertains; | ||
but if the application is made after June 15 of any | ||
year, the license
fee shall be $500 for applicant's |
established place of business
plus
$50 for each | ||
additional place of business, if any, to which the
| ||
application pertains. License fees shall be returnable | ||
only in the event that
the application is denied by the | ||
Secretary of State.
All moneys received by the | ||
Secretary of State as license fees under this | ||
subparagraph (i) prior to applications for the 2004
| ||
licensing year
shall be
deposited into the Motor | ||
Vehicle Review Board Fund and shall
be used to | ||
administer the Motor Vehicle Review Board under the | ||
Motor Vehicle
Franchise Act. Of the money received by | ||
the Secretary of State as license
fees under this | ||
subparagraph (i) for the 2004
licensing year and
| ||
thereafter, 10% shall
be deposited into the Motor | ||
Vehicle Review Board Fund and shall be used to
| ||
administer the Motor Vehicle Review Board under the | ||
Motor Vehicle Franchise Act
and 90% shall be deposited | ||
into the General Revenue Fund.
| ||
(ii) Except for dealers selling 25 or fewer | ||
automobiles or as provided in subsection (h) of | ||
Section 5-102.7 of this Code, an Annual Dealer | ||
Recovery Fund Fee in the amount of $500 for the | ||
applicant's established place of business, and $50 for | ||
each additional place of business, if any, to which | ||
the application pertains; but if the application is | ||
made after June 15 of any year, the fee shall be $250 |
for the applicant's established place of business plus | ||
$25 for each additional place of business, if any, to | ||
which the application pertains. For a license renewal | ||
application, the fee shall be based on the amount of | ||
automobiles sold in the past year according to the | ||
following formula: | ||
(1) $0 for dealers selling 25 or less | ||
automobiles; | ||
(2) $150 for dealers selling more than 25 but | ||
less than 200 automobiles; | ||
(3) $300 for dealers selling 200 or more | ||
automobiles but less than 300 automobiles; and | ||
(4) $500 for dealers selling 300 or more | ||
automobiles. | ||
License fees shall be returnable only in the event | ||
that the application is denied by the Secretary of | ||
State. Moneys received under this subparagraph (ii) | ||
shall be deposited into the Dealer Recovery Trust | ||
Fund. | ||
(B) An application for a new vehicle dealer's license, | ||
other than for
a new motor vehicle dealer's license, shall | ||
be accompanied by the following
license fees:
| ||
(i) $1,000 for applicant's established place of | ||
business, and
$50 for each
additional place of | ||
business, if any, to which the application pertains; | ||
but if
the application is made after June 15 of any |
year, the license fee shall be
$500
for applicant's | ||
established place of business plus $25 for each
| ||
additional
place of business, if any, to which the | ||
application pertains. License fees
shall be returnable | ||
only in the event that the application is denied by the
| ||
Secretary of State. Of the money received by the | ||
Secretary of State as
license fees under this | ||
subparagraph (i) for the 2004 licensing year and | ||
thereafter,
95% shall be deposited into the General | ||
Revenue Fund.
| ||
(ii) Except as provided in subsection (h) of | ||
Section 5-102.7 of this Code, an Annual Dealer | ||
Recovery Fund Fee in the amount of $500 for the | ||
applicant's established place of business, and $50 for | ||
each additional place of business, if any, to which | ||
the application pertains; but if the application is | ||
made after June 15 of any year, the fee shall be $250 | ||
for the applicant's established place of business plus | ||
$25 for each additional place of business, if any, to | ||
which the application pertains. License fees shall be | ||
returnable only in the event that the application is | ||
denied by the Secretary of State. Moneys received | ||
under this subparagraph (ii) shall be deposited into | ||
the Dealer Recovery Trust Fund. | ||
8. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership |
interest
therein, proprietor, a partner, member, officer, | ||
director, trustee, manager
or other principals in the | ||
business have not committed in the past 3
years any one | ||
violation as determined in any civil, criminal or
| ||
administrative proceedings of any one of the following | ||
Acts:
| ||
(A) The Anti-Theft Laws of the Illinois Vehicle | ||
Code;
| ||
(B) The Certificate of Title Laws of the Illinois | ||
Vehicle Code;
| ||
(C) The Offenses against Registration and | ||
Certificates of Title
Laws of the Illinois Vehicle | ||
Code;
| ||
(D) The Dealers, Transporters, Wreckers and | ||
Rebuilders
Laws of the Illinois Vehicle Code;
| ||
(E) Section 21-2 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, Criminal Trespass to
| ||
Vehicles; or
| ||
(F) The Retailers' Occupation Tax Act.
| ||
9. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership | ||
interest
therein, proprietor, partner, member, officer, | ||
director, trustee, manager
or other principals in the | ||
business have not committed in any calendar year
3 or more | ||
violations, as determined in any civil, criminal or
| ||
administrative proceedings, of any one or more of the |
following Acts:
| ||
(A) The Consumer Finance Act;
| ||
(B) The Consumer Installment Loan Act;
| ||
(C) The Retail Installment Sales Act;
| ||
(D) The Motor Vehicle Retail Installment Sales | ||
Act;
| ||
(E) The Interest Act;
| ||
(F) The Illinois Wage Assignment Act;
| ||
(G) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
(H) The Consumer Fraud Act.
| ||
9.5. A statement that, within 10 years of application,
| ||
each officer, director, shareholder having a
10% or | ||
greater ownership interest therein, proprietor,
partner, | ||
member, officer, director, trustee, manager, or
other | ||
principal in the business of the applicant has not | ||
committed, as determined
in any civil, criminal, or | ||
administrative proceeding, in
any calendar year one or | ||
more
forcible felonies under the Criminal Code of 1961 or | ||
the
Criminal Code of 2012, or a violation of either or both | ||
Article 16 or 17 of the Criminal Code of 1961 or a | ||
violation of either or both Article 16 or 17 of the | ||
Criminal Code of 2012, Article 29B of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or a similar | ||
out-of-state offense.
For the purposes of this paragraph, | ||
"forcible felony" has
the meaning provided in Section 2-8 |
of the Criminal Code
of 2012. | ||
10. A bond or certificate of deposit in the amount of | ||
$50,000 for
each location at which the applicant intends | ||
to act as a new vehicle
dealer. The bond shall be for the | ||
term of the license, or its renewal, for
which application | ||
is made, and shall expire not sooner than
December 31 of | ||
the year for which the license was issued or renewed. The | ||
bond
shall run to the People of the State of Illinois, with | ||
surety by a bonding or
insurance company authorized to do | ||
business in this State. It shall be
conditioned upon the | ||
proper transmittal of all title and registration fees and
| ||
taxes (excluding taxes under the Retailers' Occupation Tax | ||
Act) accepted by the
applicant as a new vehicle dealer.
| ||
11. Such other information concerning the business of | ||
the applicant as
the Secretary of State may by rule or | ||
regulation prescribe.
| ||
12. A statement that the applicant understands Chapter | ||
1 through
Chapter 5 of this Code.
| ||
13. The full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who | ||
is an Illinois resident and liable for the performance of | ||
the dealership. | ||
(c) Any change which renders no longer accurate any | ||
information
contained in any application for a new vehicle | ||
dealer's license shall be
amended within 30 days after the | ||
occurrence of such change on such form
as the Secretary of |
State may prescribe by rule or regulation,
accompanied by an | ||
amendatory fee of $2.
| ||
(d) Anything in this Chapter 5 to the contrary | ||
notwithstanding no
person shall be licensed as a new vehicle | ||
dealer unless:
| ||
1. He is authorized by contract in writing between | ||
himself and the
manufacturer or franchised distributor of | ||
such make of vehicle to so
sell the same in this State, and
| ||
2. Such person shall maintain an established place of | ||
business as
defined in this Act.
| ||
(e) The Secretary of State shall, within a reasonable time | ||
after
receipt, examine an application submitted to him under | ||
this Section and
unless he makes a determination that the | ||
application submitted to him
does not conform with the | ||
requirements of this Section or that grounds
exist for a | ||
denial of the application, under Section 5-501 of this
| ||
Chapter, grant the applicant an original new vehicle dealer's | ||
license in
writing for his established place of business and a | ||
supplemental license
in writing for each additional place of | ||
business in such form as he may
prescribe by rule or regulation | ||
which shall include the following:
| ||
1. The name of the person licensed;
| ||
2. If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an | ||
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of |
each partner, member, officer, director, trustee or
| ||
manager;
| ||
3. In the case of an original license, the established | ||
place of
business of the licensee;
| ||
4. In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains;
| ||
5. The make or makes of new vehicles which the | ||
licensee is licensed
to sell ; .
| ||
6. The full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who | ||
is an Illinois resident and liable for the performance of | ||
the dealership. | ||
(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State, | ||
shall be kept posted
conspicuously in the established place of | ||
business of the licensee and
in each additional place of | ||
business, if any, maintained by such
licensee.
| ||
(g) Except as provided in subsection (h) hereof, all new | ||
vehicle
dealer's licenses granted under this Section shall | ||
expire by operation
of law on December 31 of the calendar year | ||
for which they are granted
unless sooner revoked or cancelled | ||
under the provisions of Section 5-501
of this Chapter.
| ||
(h) A new vehicle dealer's license may be renewed upon | ||
application
and payment of the fee required herein, and |
submission of proof of
coverage under an approved bond under | ||
the Retailers' Occupation Tax
Act or proof that applicant is | ||
not subject to such bonding
requirements, as in the case of an | ||
original license, but in case an
application for the renewal | ||
of an effective license is made during the
month of December, | ||
the effective license shall remain in force until the
| ||
application is granted or denied by the Secretary of State.
| ||
(i) All persons licensed as a new vehicle dealer are | ||
required to
furnish each purchaser of a motor vehicle:
| ||
1. In the case of a new vehicle a manufacturer's | ||
statement of origin
and in the case of a used motor vehicle | ||
a certificate of title, in
either case properly assigned | ||
to the purchaser;
| ||
2. A statement verified under oath that all | ||
identifying numbers on
the vehicle agree with those on the | ||
certificate of title or
manufacturer's statement of | ||
origin;
| ||
3. A bill of sale properly executed on behalf of such | ||
person;
| ||
4. A copy of the Uniform Invoice-transaction reporting | ||
return
referred to in Section 5-402 hereof;
| ||
5. In the case of a rebuilt vehicle, a copy of the | ||
Disclosure of Rebuilt
Vehicle Status; and
| ||
6. In the case of a vehicle for which the warranty has | ||
been reinstated, a
copy of the warranty.
| ||
(j) Except at the time of sale or repossession of the |
vehicle, no person
licensed as a new vehicle dealer may issue | ||
any other person a newly created
key to a vehicle unless the | ||
new vehicle dealer makes a color photocopy or electronic scan | ||
of the driver's
license or State identification card of the | ||
person requesting or obtaining the
newly created key. The new | ||
vehicle dealer must retain the photocopy or scan for 30 days.
| ||
A new vehicle dealer who violates this subsection (j) is | ||
guilty of a
petty offense. Violation of this subsection (j) is | ||
not cause to suspend,
revoke,
cancel, or deny renewal of the | ||
new vehicle dealer's license.
| ||
This amendatory Act of 1983 shall be applicable to the | ||
1984 registration
year and thereafter.
| ||
(k) If a licensee under this Section voluntarily | ||
surrenders a license to the Illinois Secretary of State Police | ||
or a representative of the Secretary of State Vehicle Services | ||
Department due to the licensee's inability to adhere to | ||
recordkeeping provisions, or the inability to properly issue | ||
certificates of title or registrations under this Code, or the | ||
Secretary revokes a license under this Section, then the | ||
licensee and the licensee's agent, designee, or legal | ||
representative, if applicable, may not be named on a new | ||
application for a licensee under this Section or under this | ||
Chapter, nor is the licensee or the licensee's agent, | ||
designee, or legal representative permitted to work for | ||
another licensee under this Chapter in a recordkeeping, | ||
management, or financial position or as an employee who |
handles certificate of title and registration documents and | ||
applications. | ||
(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19; | ||
101-505, eff. 1-1-20 .)
| ||
(625 ILCS 5/5-101.1)
| ||
Sec. 5-101.1. Motor vehicle financing affiliates; | ||
licensing.
| ||
(a) In this State no business shall engage in the business | ||
of a motor
vehicle financing
affiliate without a license to do | ||
so in writing from the Secretary of State.
| ||
(b) An application for a motor vehicle financing | ||
affiliate's license must be
filed with
the Secretary of State, | ||
duly verified by oath, on a form prescribed by the
Secretary of
| ||
State and shall contain all of the following:
| ||
(1) The name and type of business organization of the | ||
applicant and the
applicant's
established place of | ||
business and any additional places of business in this
| ||
State.
| ||
(2) The name and address of the licensed new or used | ||
vehicle dealer to
which the
applicant will be selling, | ||
transferring, or assigning new or used motor
vehicles | ||
pursuant
to a written contract. If more than one dealer is | ||
on the application, the
applicant shall
state in writing | ||
the basis of common ownership among the dealers.
| ||
(3) A list of the business organization's officers, |
directors, members,
and
shareholders having a 10% or | ||
greater ownership interest in the business,
providing the
| ||
residential address for each person listed.
| ||
(4) If selling, transferring, or assigning new motor | ||
vehicles, the make or
makes of
new vehicles that it will | ||
sell, assign, or otherwise transfer to the
contracting new | ||
motor
vehicle dealer listed on the application pursuant to | ||
paragraph (2).
| ||
(5) The name of each manufacturer or franchised | ||
distributor, if any, of
new
vehicles with whom the | ||
applicant has contracted for the sale of new vehicles
and | ||
a signed
statement from each manufacturer or franchised | ||
distributor acknowledging the
contract.
| ||
(6) A statement that the applicant has been approved | ||
for registration
under the
Retailers' Occupation Tax Act | ||
by the Department of Revenue. This requirement
does not
| ||
apply to a motor vehicle financing affiliate that is | ||
already licensed with the
Secretary of
State and is | ||
applying for a renewal of its license.
| ||
(7) A statement that the applicant has complied with | ||
the appropriate
liability
insurance requirement and a | ||
Certificate of Insurance that shall not expire
before
| ||
December 31 of the year for which the license was issued or | ||
renewed with a
minimum
liability coverage of $100,000 for | ||
the bodily injury or death of any person,
$300,000 for
the | ||
bodily injury or death of 2 or more persons in any one |
accident, and
$50,000 for
damage to property. The | ||
expiration of the insurance policy shall not terminate
the
| ||
liability under the policy arising during the period for | ||
which the policy was
filed. Trailer
and mobile home | ||
dealers are exempt from the requirements of this | ||
paragraph. A
motor
vehicle financing affiliate is exempt | ||
from the requirements of this paragraph
if it is
covered | ||
by the insurance policy of the new or used dealer listed on | ||
the
application
pursuant to paragraph (2).
| ||
(8) A license fee of $1,000 for the applicant's | ||
established place of
business and
$250 for each additional | ||
place of business, if any, to which the application
| ||
pertains.
However, if the application is made after June | ||
15 of any year, the license fee
shall be
$500 for the | ||
applicant's established place of business and $125 for | ||
each
additional place
of business, if any, to which the | ||
application pertains. These license fees
shall be
| ||
returnable only in the event that the application is | ||
denied by the Secretary of
State.
| ||
(9) A statement incorporating the requirements of | ||
paragraphs 8 and 9 of
subsection (b) of Section 5-101.
| ||
(10) Any other information concerning the business of | ||
the applicant as the
Secretary of State may prescribe.
| ||
(11) A statement that the applicant understands | ||
Chapter 1 through Chapter
5 of
this Code.
| ||
(12) The full name, address, and contact information |
of each of the dealer's agents or legal representatives | ||
who is an Illinois resident and liable for the performance | ||
of the dealership. | ||
(c) Any change which renders no longer accurate any | ||
information contained in
any
application for a motor vehicle | ||
financing affiliate's license shall be amended
within 30
days | ||
after the occurrence of the change on a form prescribed by the | ||
Secretary
of State,
accompanied by an amendatory fee of $2.
| ||
(d) If a new vehicle dealer is not listed on the | ||
application, pursuant to
paragraph (2) of
subsection (b), the | ||
motor vehicle financing affiliate shall not receive,
possess, | ||
or transfer
any new vehicle. If a new motor vehicle dealer is | ||
listed on the application,
pursuant to
paragraph (2) of | ||
subsection (b), the new motor vehicle dealer can only receive
| ||
those new
cars it is permitted to receive under its franchise | ||
agreement. If both a new
and used
motor vehicle dealer are | ||
listed on the application, pursuant to paragraph (2)
of | ||
subsection
(b), only the new motor vehicle dealer may receive | ||
new motor vehicles. If a
used motor
vehicle is listed on the | ||
application, pursuant to paragraph (2) of
subsection (b), the | ||
used
motor vehicle dealer shall not receive any new motor | ||
vehicles.
| ||
(e) The applicant and dealer provided pursuant to | ||
paragraph (2) of
subsection (b)
must be business organizations | ||
registered to conduct business in Illinois.
Three-fourths
of | ||
the dealer's board of directors must be members of the motor |
vehicle
financing
affiliate's board of directors, if | ||
applicable.
| ||
(f) Unless otherwise provided in this Chapter 5, no | ||
business organization
registered to
do business in Illinois | ||
shall be licensed as a motor vehicle financing
affiliate | ||
unless:
| ||
(1) The motor vehicle financing affiliate shall only | ||
sell, transfer, or
assign motor
vehicles to the licensed | ||
new or used dealer listed on the application pursuant
to | ||
paragraph (2) of subsection (b).
| ||
(2) The motor vehicle financing affiliate sells, | ||
transfers, or assigns to
the new
motor vehicle dealer | ||
listed on the application, if any, only those new motor
| ||
vehicles the
motor vehicle financing affiliate has | ||
received under the contract set forth in
paragraph (5)
of | ||
subsection (b).
| ||
(3) Any new vehicle dealer listed pursuant to | ||
paragraph (2) of subsection
(b) has a
franchise agreement | ||
that permits the dealer to receive motor vehicles from the
| ||
motor
vehicle franchise affiliate.
| ||
(4) The new or used motor vehicle dealer listed on the | ||
application
pursuant to
paragraph (2) of subsection (b) | ||
has one established place of business or
supplemental
| ||
places of business as referenced in subsection (g).
| ||
(g) The Secretary of State shall, within a reasonable time | ||
after receipt,
examine an
application submitted pursuant to |
this Section and, unless it is determined
that the
application | ||
does not conform with the requirements of this Section or that
| ||
grounds exist
for a denial of the application under Section | ||
5-501, grant the applicant a
motor vehicle
financing affiliate | ||
license in writing for the applicant's established place of
| ||
business and
a supplemental license in writing for each | ||
additional place of business in a
form prescribed
by the | ||
Secretary, which shall include all of the following:
| ||
(1) The name of the business licensed;
| ||
(2) The name and address of its officers, directors, | ||
or members, as
applicable;
| ||
(3) In the case of an original license, the | ||
established place of business
of the
licensee; and
| ||
(4) If applicable, the make or makes of new vehicles | ||
which the licensee is
licensed
to sell to the new motor | ||
vehicle dealer listed on the application pursuant to
| ||
paragraph (2)
of subsection (b) ; and .
| ||
(5) The full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who | ||
is an Illinois resident and liable for the performance of | ||
the dealership. | ||
(h) The appropriate instrument evidencing the license or a | ||
certified copy,
provided by
the Secretary of State, shall be | ||
kept posted conspicuously in the established
place of
business | ||
of the licensee.
| ||
(i) Except as provided in subsection (h), all motor |
vehicle financing
affiliate's
licenses granted under this | ||
Section shall expired by operation of law on
December 31 of
the | ||
calendar year for which they are granted, unless revoked or | ||
canceled at an
earlier date
pursuant to Section 5-501.
| ||
(j) A motor vehicle financing affiliate's license may be | ||
renewed upon
application and
payment of the required fee. | ||
However, when an application for renewal of a
motor
vehicle | ||
financing affiliate's license is made during the month of | ||
December, the
effective
license shall remain in force until | ||
the application is granted or denied by the
Secretary of
| ||
State.
| ||
(k) The contract a motor vehicle financing affiliate has | ||
with a manufacturer
or
franchised distributor, as provided in | ||
paragraph (5) of subsection (b), shall
only permit
the | ||
applicant to sell, transfer, or assign new motor vehicles to | ||
the new motor
vehicle
dealer listed on the application | ||
pursuant to paragraph (2) of subsection (b).
The contract
| ||
shall specifically prohibit the motor vehicle financing | ||
affiliate from selling
motor
vehicles at retail. This contract | ||
shall not be considered the granting of a
franchise as
defined | ||
in Section 2 of the Motor Vehicle Franchise Act.
| ||
(l) When purchasing of a motor vehicle by a new or used | ||
motor vehicle
dealer, all
persons licensed as a motor vehicle | ||
financing affiliate are required to furnish
all of the
| ||
following:
| ||
(1) For a new vehicle, a manufacturer's statement of |
origin properly
assigned to
the purchasing dealer. For a | ||
used vehicle, a certificate of title properly
assigned to | ||
the
purchasing dealer.
| ||
(2) A statement verified under oath that all | ||
identifying numbers on the
vehicle
agree with those on the | ||
certificate of title or manufacturer's statement of
| ||
origin.
| ||
(3) A bill of sale properly executed on behalf of the | ||
purchasing dealer.
| ||
(4) A copy of the Uniform Invoice-transaction report | ||
pursuant to Section
5-402.
| ||
(5) In the case of a rebuilt vehicle, a copy of the | ||
Disclosure of Rebuilt
Vehicle
Status pursuant to Section | ||
5-104.3.
| ||
(6) In the case of a vehicle for which a warranty has | ||
been reinstated, a
copy of the
warranty.
| ||
(m) The motor vehicle financing affiliate shall use the | ||
established and
supplemental
place or places of business the | ||
new or used vehicle dealer listed on the
application
pursuant | ||
to paragraph (2) of subsection (b) as its established and | ||
supplemental
place or
places of business.
| ||
(n) The motor vehicle financing affiliate shall keep all | ||
books and records
required by
this Code with the books and | ||
records of the new or used vehicle dealer listed
on the
| ||
application pursuant to paragraph (2) of subsection (b). The | ||
motor vehicle
financing
affiliate may use the books and |
records of the new or used motor vehicle dealer
listed on
the | ||
application pursuant to paragraph (2) of subsection (b).
| ||
(o) Under no circumstances shall a motor vehicle financing | ||
affiliate sell,
transfer, or
assign a new vehicle to any place | ||
of business of a new motor vehicle dealer,
unless that
place of | ||
business is licensed under this Chapter to sell, assign, or | ||
otherwise
transfer the
make of the new motor vehicle | ||
transferred.
| ||
(p) All moneys received by the Secretary of State as | ||
license fees under this
Section
shall be deposited into the | ||
Motor Vehicle Review Board Fund and shall be used
to
| ||
administer the Motor Vehicle Review Board under the Motor | ||
Vehicle Franchise
Act.
| ||
(q) Except as otherwise provided in this Section, a motor | ||
vehicle financing
affiliate
shall comply with all provisions | ||
of this Code.
| ||
(r) If a licensee under this Section voluntarily | ||
surrenders a license to the Illinois Secretary of State Police | ||
or a representative of the Secretary of State Vehicle Services | ||
Department due to the licensee's inability to adhere to | ||
recordkeeping provisions, or the inability to properly issue | ||
certificates of title or registrations under this Code, or the | ||
Secretary revokes a license under this Section, then the | ||
licensee and the licensee's agent, designee, or legal | ||
representative, if applicable, may not be named on a new | ||
application for a licensee under this Section or under this |
Chapter, nor is the licensee or the licensee's agent, | ||
designee, or legal representative permitted to work for | ||
another licensee under this Chapter in a recordkeeping, | ||
management, or financial position or as an employee who | ||
handles certificate of title and registration documents and | ||
applications. | ||
(Source: P.A. 91-415, eff. 1-1-00.)
| ||
(625 ILCS 5/5-101.2) | ||
Sec. 5-101.2. Manufactured home dealers; licensing. | ||
(a) For the purposes of this Section, the following words | ||
shall have the meanings ascribed to them as follows: | ||
"Community-based manufactured home dealer" means an | ||
individual or entity that operates a tract of land or 2 or | ||
more contiguous tracts of land which contain sites with | ||
the necessary utilities for 5 or more independent | ||
manufactured homes for permanent habitation, either free | ||
of charge or for revenue purposes, and shall include any | ||
building, structure, vehicle, or enclosure used or | ||
intended for use as a part of the equipment of the | ||
manufactured home park who may, incidental to the | ||
operation of the manufactured home community, sell, trade, | ||
or buy no more than 2 manufactured homes or park models per | ||
calendar year that are located within the manufactured | ||
home community pursuant to a franchise agreement or | ||
similar agreement with a manufacturer, or used |
manufactured homes or park models located within the | ||
manufactured home community or additional place of | ||
business that is owned or managed by the community-based | ||
manufactured home dealer. | ||
"Established place of business" means the place owned
| ||
or leased and occupied by any person duly licensed or
| ||
required to be licensed as a manufactured home dealer or a
| ||
community-based manufactured home dealer for the purpose
| ||
of engaging in selling, buying, bartering, displaying,
| ||
exchanging, or dealing in, on consignment or otherwise,
| ||
manufactured homes or park models and for such other | ||
ancillary purposes as may be permitted by the Secretary by | ||
rule. An established place of business shall include a | ||
single or central office in which the manufactured home | ||
dealer's or community-based manufactured home dealer's | ||
records shall be separate and distinct from any other | ||
business or tenant which may occupy space in the same | ||
building, except as provided in this Section, and the | ||
office shall not be located in a tent, temporary stand, | ||
temporary address, room or rooms in a hotel or
rooming | ||
house, nor the premises occupied by a single or
multiple | ||
unit residence, unless the multiple unit
residence has a | ||
separate and distinct office. | ||
"Manufactured home" means a factory assembled
| ||
structure built on a permanent chassis, transportable in
| ||
one or more sections in the travel mode, incapable of
|
self-propulsion, and bears a label indicating the
| ||
manufacturer's compliance with the United States
| ||
Department of Housing and Urban Development standards, as | ||
applicable, that is without a permanent foundation and is | ||
designed for year round occupancy as a single-family | ||
residence when connected to approved water, sewer, and | ||
electrical
utilities. | ||
"Manufactured home dealer" means an individual or | ||
entity that engages in the business of acquiring or | ||
disposing of a manufactured home or park model, either a | ||
new manufactured home or park model, pursuant to a | ||
franchise agreement with a manufacturer, or used | ||
manufactured homes or park models, and who has an | ||
established place of business that is not in a residential | ||
community-based setting. | ||
"Park model" means a vehicle that is incapable of | ||
self-propulsion that is less than 400 square feet of | ||
habitable space that is built to American National | ||
Standards Institute (ANSI) standards that prohibits | ||
occupancy on a permanent basis and is built on a vehicle | ||
chassis. | ||
"Supplemental license" means a license that a | ||
community-based manufactured home dealer receives and | ||
displays at locations in which the licensee is authorized | ||
to sell, buy, barter, display, exchange, or deal in, on | ||
consignment or otherwise, manufactured homes or park |
models, but is not the established place of business of | ||
the licensee. | ||
(b) No person shall engage in this State in the business of
| ||
selling or dealing in, on consignment or otherwise,
| ||
manufactured homes or park models of any make, or act as an | ||
intermediary, agent, or broker for any manufactured home or | ||
park model purchaser, other than as a salesperson or to | ||
represent or advertise that he or she is so engaged, or intends | ||
to so engage, in the business, unless licensed to do so by the | ||
Secretary of State under the provisions of this Section. | ||
(c) An application for a manufactured home dealer's
| ||
license or a community-based manufactured home dealer's
| ||
license shall be filed with the Secretary of State and duly
| ||
verified by oath, on such form as the Secretary of State may by
| ||
rule prescribe and shall contain all of the following: | ||
(1) The name and type of business organization of the
| ||
applicant, and his or her established and additional | ||
places
of business, if any, in this State. | ||
(2) If the applicant is a corporation, a list of its
| ||
officers, directors, and shareholders having a 10% or
| ||
greater ownership interest in the corporation. If the
| ||
applicant is a sole proprietorship, a partnership, a
| ||
limited liability company, an unincorporated association,
| ||
a trust, or any similar form of business organization, the
| ||
name and residence address of the proprietor, or the name
| ||
and residence address of each partner, member, officer,
|
director, trustee, or manager. | ||
(3) The make or makes of new manufactured homes or | ||
park models that the applicant will offer for sale at | ||
retail in the State. | ||
(4) The name of each manufacturer or franchised
| ||
distributor, if any, of new manufactured homes or park | ||
models with whom the applicant has contracted for the sale | ||
of new manufactured homes or park models. As evidence of | ||
this fact, the application shall be accompanied by a | ||
signed statement from each manufacturer or franchised | ||
distributor. | ||
(5) A statement that the applicant has been approved
| ||
for registration under the Retailers' Occupation Tax Act | ||
by
the Department of Revenue, provided that this | ||
requirement
does not apply to a manufactured home dealer | ||
who is already
licensed with the Secretary of State, and | ||
who is merely
applying for a renewal of his or her license. | ||
As evidence
of this fact, the application shall be | ||
accompanied by a
certification from the Department of | ||
Revenue showing that
the Department has approved the | ||
applicant for registration
under the Retailers' Occupation | ||
Tax Act. | ||
(6) An application for: | ||
(A) a manufactured home dealer's license, when the | ||
applicant is selling new manufactured homes or park | ||
models on behalf of a manufacturer of manufactured |
homes or park models, or 5 or more used manufactured | ||
homes or park models during the calendar year, shall | ||
be accompanied by a $1,000 license fee for the | ||
applicant's established place of business, and $100 | ||
for each additional place of business, if any, to | ||
which the application pertains. If the application is | ||
made after June 15 in any year, the license fee shall | ||
be $500 for the applicant's
established place of | ||
business, and $50 for each
additional place of | ||
business, if any, to which the
application pertains. | ||
License fees shall be returnable
only in the event | ||
that the application is denied by the Secretary of | ||
State; or | ||
(B) a community-based manufactured home dealer's
| ||
license, when the applicant is selling new | ||
manufactured homes or park models on behalf of a | ||
manufacturer of manufactured homes or park models, or | ||
5 or more used manufactured homes or park models | ||
during the calendar year, but within a community | ||
setting, shall be
accompanied by a license fee of $500 | ||
for the
applicant's established place of business, and | ||
$50 for
each additional place of business within a | ||
50-mile radius of the established place of business, | ||
if any to which the
application pertains. If the | ||
application is made after
June 15 in any year, the | ||
license fee shall be $250 for
the applicant's |
established place of business, and $50
for each | ||
additional place of business, if any, to which the | ||
application pertains. License fees shall be
returnable | ||
only in the event that the application is
denied by the | ||
Secretary of State. | ||
Of the monies received by the Secretary of State | ||
as license fees under this paragraph (6), 95% shall be | ||
deposited into the General Revenue Fund and 5% into | ||
the Motor Vehicle License Plate Fund. | ||
(7) A statement that the applicant's officers,
| ||
directors, and shareholders having a 10% or greater
| ||
ownership interest therein, proprietor, a partner, member,
| ||
officer, director, trustee, manager, or other principals
| ||
in the business, have not committed in the past 3 years any
| ||
one violation, as determined in any civil, criminal, or
| ||
administrative hearing proceeding, of any one of the
| ||
following Acts: | ||
(A) the Anti Theft Laws of the Illinois Vehicle
| ||
Code; | ||
(B) the Certificate of Title Laws of the Illinois
| ||
Vehicle Code; | ||
(C) the Offenses against Registration and
| ||
Certificates of Title Laws of the Illinois Vehicle | ||
Code; | ||
(D) the Dealers, Transporters, Wreckers, and
| ||
Rebuilders Laws of the Illinois Vehicle Code; |
(E) Section 21-2 of the Criminal Code of 2012
| ||
(criminal trespass to vehicles); | ||
(F) the Retailers Occupation Tax Act; | ||
(G) the Consumer Finance Act; | ||
(H) the Consumer Installment Loan Act; | ||
(I) the Retail Installment Sales Act; | ||
(J) the Motor Vehicle Retail Installment Sales | ||
Act; | ||
(K) the Interest Act; | ||
(L) the Illinois Wage Assignment Act; | ||
(M) Part 8 of Article XII of the Code of Civil
| ||
Procedure; or | ||
(N) the Consumer Fraud Act. | ||
(8) A bond or certificate of deposit in the amount of
| ||
$20,000 for each license holder applicant intending to act
| ||
as a manufactured home dealer or community-based
| ||
manufactured home dealer under this Section. The bond | ||
shall
be for the term of the license, for which | ||
application is
made, and shall expire not sooner than | ||
December 31 of the
year for which the license was issued. | ||
The bond shall run
to the People of the State of Illinois, | ||
with surety by a
bonding or insurance company authorized | ||
to do business in
this State. It shall be conditioned upon | ||
the proper
transmittal of all title and registration fees | ||
and taxes
(excluding taxes under the Retailers' Occupation | ||
Tax Act)
accepted by the applicant as a manufactured home |
dealer. | ||
(9) Dealers in business for over 5 years may
| ||
substitute a certificate of insurance in lieu of the bond
| ||
or certificate of deposit upon renewing their license. | ||
(10) Any other information concerning the business of
| ||
the applicant as the Secretary of State may by rule
| ||
prescribe. | ||
(11) A statement that the applicant has read and
| ||
understands Chapters 1 through 5 of this Code. | ||
(12) The full name, address, and contact information | ||
of each of the dealer's agents or legal representatives | ||
who is an Illinois resident and liable for the performance | ||
of the dealership. | ||
(d) Any change which renders no longer accurate any
| ||
information contained in any application for a license under | ||
this Section shall be amended within 30 days after the | ||
occurrence of the change on a form the Secretary of State may | ||
prescribe, by rule, accompanied by an amendatory fee of $25. | ||
(e) The Secretary of State shall, within a reasonable time
| ||
after receipt, examine an application submitted to him or her
| ||
under this Section, and unless he or she makes a determination
| ||
that the application submitted to him or her does not conform
| ||
with the requirements of this Section or that grounds exist | ||
for
a denial of the application under Section 5-501 of this
| ||
Chapter, grant the applicant an initial manufactured home
| ||
dealer's license or a community-based manufactured home
|
dealer's license in writing for his or her established place
| ||
of business and a supplemental license in writing for each
| ||
additional place of business in a form the Secretary may
| ||
prescribe by rule, which shall include the following: | ||
(1) the name of the person or entity licensed; | ||
(2) if a corporation, the name and address of its
| ||
officers; if a sole proprietorship, a partnership, an
| ||
unincorporated association, or any similar form of
| ||
business organization, the name and address of the
| ||
proprietor, or the name and address of each partner,
| ||
member, officer, director, trustee or manager; or if a
| ||
limited liability company, the name and address of the
| ||
general partner or partners, or managing member or | ||
members; | ||
(3) in the case of an original license, the | ||
established place of business of the licensee; | ||
(4) in the case of a supplemental license, the
| ||
established place of business of the licensee and the | ||
distance to each
additional place of business to which the | ||
supplemental
license pertains; and | ||
(5) if applicable, the make or makes of new
| ||
manufactured homes or park models to which a manufactured | ||
home dealer is licensed to sell ; and . | ||
(6) the full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who | ||
is an Illinois resident and liable for the performance of |
the dealership. | ||
(e-5) A manufactured home dealer may operate a | ||
supplemental lot if the lot is located within 50 miles of the | ||
manufactured home dealer's principal place of business. | ||
Records pertaining to a supplemental lot may be maintained at | ||
the principal place of business. | ||
(f) The appropriate instrument evidencing the license or a
| ||
certified copy of the instrument, provided by the Secretary of
| ||
State, shall be kept posted conspicuously in the established
| ||
place of business of the licensee and in each additional place
| ||
of business, if any, maintained by the licensee, unless the
| ||
licensee is a community-based manufactured home dealer, then
| ||
the license shall be posted in the community-based | ||
manufactured
home dealer's central office and it shall include | ||
a list of the
other locations that the community-based | ||
manufactured home
dealer may oversee. | ||
(g) Except as provided in subsection (i) of this Section,
| ||
all licenses granted under this Section shall expire by | ||
operation of law on December 31 of the calendar year for which | ||
the licenses were granted, unless sooner revoked or cancelled | ||
under the provisions of Section 5-501 of this Chapter. | ||
(h) All persons licensed as a manufactured home dealer or | ||
a
community-based manufactured home dealer are required to
| ||
furnish each purchaser of a manufactured home or park model: | ||
(1) in the case of a new manufactured home or park | ||
model, a manufacturer's statement of origin, and in the |
case of a previously owned manufactured home or park | ||
model, a certificate of title, in either case properly | ||
assigned to the purchaser; | ||
(2) a statement verified under oath that all
| ||
identifying numbers on the vehicle match the identifying | ||
numbers on the certificate of title or manufacturer's | ||
statement of origin; | ||
(3) a bill of sale properly executed on behalf of the
| ||
purchaser; | ||
(4) a copy of the Uniform Invoice-transaction
| ||
reporting return form referred to in Section 5-402; and | ||
(5) for a new manufactured home or park model, a | ||
warranty, and in the case of a manufactured home or park | ||
model for which the warranty has been reinstated, a copy | ||
of the warranty; if no warranty is provided, a disclosure | ||
or statement that the manufactured home or park model is | ||
being sold "AS IS". | ||
(i) This Section shall not apply to a (i) seller who | ||
privately owns his or her manufactured home or park model as | ||
his or her main residence and is selling the manufactured home | ||
or park model to another individual or to a licensee; (ii) a | ||
retailer or entity licensed under either Section 5-101 or | ||
5-102 of this Code; or (iii) an individual or entity licensed | ||
to sell truck campers, travel trailers, motor homes, or mini | ||
motor homes as defined by this Code. Any vehicle not covered by | ||
this Section that requires an individual or entity to obtain a |
license to sell 5 or more vehicles must obtain a license under | ||
the relevant provisions of this Code. | ||
(j) This Section shall not apply to any person licensed
| ||
under the Real Estate License Act of 2000. | ||
(k) The Secretary of State may adopt any rules necessary | ||
to implement this Section.
| ||
(Source: P.A. 101-407, eff. 8-16-19.)
| ||
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||
Sec. 5-102. Used vehicle dealers must be licensed.
| ||
(a) No person, other than a licensed new vehicle dealer, | ||
shall engage in
the business of selling or dealing in, on | ||
consignment or otherwise, 5 or
more used vehicles of any make | ||
during the year (except house trailers as
authorized by | ||
paragraph (j) of this Section and rebuilt salvage vehicles
| ||
sold by their rebuilders to persons licensed under this | ||
Chapter), or act as
an intermediary, agent or broker for any | ||
licensed dealer or vehicle
purchaser (other than as a | ||
salesperson) or represent or advertise that he
is so engaged | ||
or intends to so engage in such business unless licensed to
do | ||
so by the Secretary of State under the provisions of this | ||
Section.
| ||
(b) An application for a used vehicle dealer's license | ||
shall be
filed with the Secretary of State, duly verified by | ||
oath, in such form
as the Secretary of State may by rule or | ||
regulation prescribe and shall
contain:
|
1. The name and type of business organization | ||
established and additional
places of business, if any, in | ||
this State.
| ||
2. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent | ||
or greater ownership
interest in the corporation, setting | ||
forth the residence address of
each; if the applicant is a | ||
sole proprietorship, a partnership, an
unincorporated | ||
association, a trust, or any similar form of business
| ||
organization, the names and residence address of the | ||
proprietor or of
each partner, member, officer, director, | ||
trustee or manager.
| ||
3. A statement that the applicant has been approved | ||
for registration
under the Retailers' Occupation Tax Act | ||
by the Department of Revenue. However,
this requirement | ||
does not apply to a dealer who is already licensed
| ||
hereunder with the Secretary of State, and who is merely | ||
applying for a
renewal of his license. As evidence of this | ||
fact, the application shall be
accompanied by a | ||
certification from the Department of Revenue showing that
| ||
the Department has approved the applicant for registration | ||
under the
Retailers' Occupation Tax Act.
| ||
4. A statement that the applicant has complied with | ||
the appropriate
liability insurance requirement. A | ||
Certificate of Insurance in a solvent
company authorized | ||
to do business in the State of Illinois shall be included
|
with each application covering each location at which he | ||
proposes to act
as a used vehicle dealer. The policy must | ||
provide liability coverage in
the minimum amounts of | ||
$100,000 for bodily injury to, or death of, any person,
| ||
$300,000 for bodily injury to, or death of, two or more | ||
persons in any one
accident, and $50,000 for damage to | ||
property. Such policy shall expire
not sooner than | ||
December 31 of the year for which the license was issued
or | ||
renewed. The expiration of the insurance policy shall not | ||
terminate
the liability under the policy arising during | ||
the period for which the policy
was filed. Trailer and | ||
mobile home dealers are exempt from this requirement.
| ||
If the permitted user has a liability insurance policy | ||
that provides
automobile
liability insurance coverage of | ||
at least $100,000 for bodily injury to or the
death of any
| ||
person, $300,000 for bodily injury to or the death of any 2 | ||
or more persons in
any one
accident, and $50,000 for | ||
damage to property,
then the permitted user's insurer | ||
shall be the primary
insurer and the
dealer's insurer | ||
shall be the secondary insurer. If the permitted user does | ||
not
have a liability
insurance policy that provides | ||
automobile liability insurance coverage of at
least
| ||
$100,000 for bodily injury to or the death of any person, | ||
$300,000 for bodily
injury to or
the death of any 2 or more | ||
persons in any one accident, and $50,000 for damage
to
| ||
property, or does not have any insurance at all,
then the
|
dealer's
insurer shall be the primary insurer and the | ||
permitted user's insurer shall be
the secondary
insurer.
| ||
When a permitted user is "test driving" a used vehicle | ||
dealer's automobile,
the used vehicle dealer's insurance | ||
shall be primary and the permitted user's
insurance shall | ||
be secondary.
| ||
As used in this paragraph 4, a "permitted user" is a | ||
person who, with the
permission of the used vehicle dealer | ||
or an employee of the used vehicle
dealer, drives a | ||
vehicle owned and held for sale or lease by the used | ||
vehicle
dealer which the person is considering to purchase | ||
or lease, in order to
evaluate the performance, | ||
reliability, or condition of the vehicle.
The term | ||
"permitted user" also includes a person who, with the | ||
permission of
the used
vehicle dealer, drives a vehicle | ||
owned or held for sale or lease by the used
vehicle dealer
| ||
for loaner purposes while the user's vehicle is being | ||
repaired or evaluated.
| ||
As used in this paragraph 4, "test driving" occurs | ||
when a permitted user
who,
with the permission of the used | ||
vehicle dealer or an employee of the used
vehicle
dealer, | ||
drives a vehicle owned and held for sale or lease by a used | ||
vehicle
dealer that the person is considering to purchase | ||
or lease, in order to
evaluate the performance, | ||
reliability, or condition of the
vehicle.
| ||
As used in this paragraph 4, "loaner purposes" means |
when a person who,
with the permission of the used vehicle | ||
dealer, drives a vehicle owned or held
for sale or lease by | ||
the used vehicle dealer while the
user's vehicle is being | ||
repaired or evaluated.
| ||
5. An application for a used vehicle dealer's license | ||
shall be
accompanied by the following license fees:
| ||
(A) $1,000 for applicant's established place of | ||
business, and
$50 for
each additional place of | ||
business, if any, to which the application
pertains; | ||
however, if the application is made after June 15 of | ||
any
year, the license fee shall be $500 for | ||
applicant's established
place of
business plus $25 for | ||
each additional place of business, if any,
to
which | ||
the application pertains. License fees shall be | ||
returnable only in
the event that the application is | ||
denied by
the Secretary of State. Of the money | ||
received by the Secretary of State as
license fees | ||
under this subparagraph (A) for the 2004 licensing | ||
year and thereafter, 95%
shall be deposited into the | ||
General Revenue Fund.
| ||
(B) Except for dealers selling 25 or fewer | ||
automobiles or as provided in subsection (h) of | ||
Section 5-102.7 of this Code, an Annual Dealer | ||
Recovery Fund Fee in the amount of $500 for the | ||
applicant's established place of business, and $50 for | ||
each additional place of business, if any, to which |
the application pertains; but if the application is | ||
made after June 15 of any year, the fee shall be $250 | ||
for the applicant's established place of business plus | ||
$25 for each additional place of business, if any, to | ||
which the application pertains. For a license renewal | ||
application, the fee shall be based on the amount of | ||
automobiles sold in the past year according to the | ||
following formula: | ||
(1) $0 for dealers selling 25 or less | ||
automobiles; | ||
(2) $150 for dealers selling more than 25 but | ||
less than 200 automobiles; | ||
(3) $300 for dealers selling 200 or more | ||
automobiles but less than 300 automobiles; and | ||
(4) $500 for dealers selling 300 or more | ||
automobiles. | ||
License fees shall be returnable only in the event | ||
that the application is denied by the Secretary of | ||
State. Moneys received under this subparagraph (B) | ||
shall be deposited into the Dealer Recovery Trust | ||
Fund. | ||
6. A statement that the applicant's officers, | ||
directors, shareholders
having a 10% or greater ownership | ||
interest therein, proprietor, partner,
member, officer, | ||
director, trustee, manager or other principals in the
| ||
business have not committed in the past 3 years any one |
violation as
determined in any civil, criminal or | ||
administrative proceedings of any one
of the following | ||
Acts:
| ||
(A) The Anti-Theft Laws of the Illinois Vehicle | ||
Code;
| ||
(B) The Certificate of Title Laws of the Illinois | ||
Vehicle Code;
| ||
(C) The Offenses against Registration and | ||
Certificates of Title
Laws of the Illinois Vehicle | ||
Code;
| ||
(D) The Dealers, Transporters, Wreckers and | ||
Rebuilders Laws of the
Illinois Vehicle Code;
| ||
(E) Section 21-2 of the Illinois Criminal Code of | ||
1961 or the Criminal Code of 2012, Criminal
Trespass | ||
to Vehicles; or
| ||
(F) The Retailers' Occupation Tax Act.
| ||
7. A statement that the applicant's officers, | ||
directors,
shareholders having a 10% or greater ownership | ||
interest therein,
proprietor, partner, member, officer, | ||
director, trustee, manager or
other principals in the | ||
business have not committed in any calendar year
3 or more | ||
violations, as determined in any civil or criminal or
| ||
administrative proceedings, of any one or more of the | ||
following Acts:
| ||
(A) The Consumer Finance Act;
| ||
(B) The Consumer Installment Loan Act;
|
(C) The Retail Installment Sales Act;
| ||
(D) The Motor Vehicle Retail Installment Sales | ||
Act;
| ||
(E) The Interest Act;
| ||
(F) The Illinois Wage Assignment Act;
| ||
(G) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
(H) The Consumer Fraud and Deceptive Business | ||
Practices Act.
| ||
7.5. A statement that, within 10 years of application,
| ||
each officer, director, shareholder having a
10% or | ||
greater ownership interest therein, proprietor,
partner, | ||
member, officer, director, trustee, manager, or
other | ||
principal in the business of the applicant has not | ||
committed, as determined
in any civil, criminal, or | ||
administrative proceeding, in
any calendar year one or | ||
more
forcible felonies under the Criminal Code of 1961 or | ||
the
Criminal Code of 2012, or a violation of either or both | ||
Article 16 or 17 of the Criminal Code of 1961 or a | ||
violation of either or both Article 16 or 17 of the | ||
Criminal Code of 2012, Article 29B of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or a similar | ||
out-of-state offense.
For the purposes of this paragraph, | ||
"forcible felony" has
the meaning provided in Section 2-8 | ||
of the Criminal Code
of 2012. | ||
8. A bond or Certificate of Deposit in the amount of |
$50,000 for
each location at which the applicant intends | ||
to act as a used vehicle
dealer. The bond shall be for the | ||
term of the license, or its renewal, for
which application | ||
is made, and shall expire not sooner than December 31 of
| ||
the year for which the license was issued or renewed. The | ||
bond shall run
to the People of the State of Illinois, with | ||
surety by a bonding or
insurance company authorized to do | ||
business in this State. It shall be
conditioned upon the | ||
proper transmittal of all title and registration fees
and | ||
taxes (excluding taxes under the Retailers' Occupation Tax | ||
Act) accepted
by the applicant as a used vehicle dealer.
| ||
9. Such other information concerning the business of | ||
the applicant as
the Secretary of State may by rule or | ||
regulation prescribe.
| ||
10. A statement that the applicant understands Chapter | ||
1 through
Chapter 5 of this Code.
| ||
11. A copy of the certification from the prelicensing | ||
education
program. | ||
12. The full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who | ||
is an Illinois resident and liable for the performance of | ||
the dealership. | ||
(c) Any change which renders no longer accurate any | ||
information
contained in any application for a used vehicle | ||
dealer's license shall
be amended within 30 days after the | ||
occurrence of each change on such
form as the Secretary of |
State may prescribe by rule or regulation,
accompanied by an | ||
amendatory fee of $2.
| ||
(d) Anything in this Chapter to the contrary | ||
notwithstanding, no
person shall be licensed as a used vehicle | ||
dealer unless such person
maintains an established place of | ||
business as
defined in this Chapter.
| ||
(e) The Secretary of State shall, within a reasonable time | ||
after
receipt, examine an application submitted to him under | ||
this Section.
Unless the Secretary makes a determination that | ||
the application
submitted to him does not conform to this | ||
Section or that grounds exist
for a denial of the application | ||
under Section 5-501 of this Chapter, he
must grant the | ||
applicant an original used vehicle dealer's license in
writing | ||
for his established place of business and a supplemental | ||
license
in writing for each additional place of business in | ||
such form as he may
prescribe by rule or regulation which shall | ||
include the following:
| ||
1. The name of the person licensed;
| ||
2. If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an | ||
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of | ||
each partner, member, officer, director, trustee or
| ||
manager;
| ||
3. In case of an original license, the established | ||
place of business
of the licensee;
|
4. In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains ; .
| ||
5. The full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who | ||
is an Illinois resident and liable for the performance of | ||
the dealership. | ||
(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State | ||
shall be kept posted,
conspicuously, in the established place | ||
of business of the licensee and
in each additional place of | ||
business, if any, maintained by such
licensee.
| ||
(g) Except as provided in subsection (h) of this Section, | ||
all used
vehicle dealer's licenses granted under this Section | ||
expire by operation
of law on December 31 of the calendar year | ||
for which they are granted
unless sooner revoked or cancelled | ||
under Section 5-501 of this Chapter.
| ||
(h) A used vehicle dealer's license may be renewed upon | ||
application
and payment of the fee required herein, and | ||
submission of proof of
coverage by an approved bond under the | ||
"Retailers' Occupation Tax Act"
or proof that applicant is not | ||
subject to such bonding requirements, as
in the case of an | ||
original license, but in case an application for the
renewal | ||
of an effective license is made during the month of December,
| ||
the effective license shall remain in force until the |
application for
renewal is granted or denied by the Secretary | ||
of State.
| ||
(i) All persons licensed as a used vehicle dealer are | ||
required to
furnish each purchaser of a motor vehicle:
| ||
1. A certificate of title properly assigned to the | ||
purchaser;
| ||
2. A statement verified under oath that all | ||
identifying numbers on
the vehicle agree with those on the | ||
certificate of title;
| ||
3. A bill of sale properly executed on behalf of such | ||
person;
| ||
4. A copy of the Uniform Invoice-transaction reporting | ||
return
referred to in Section 5-402 of this Chapter;
| ||
5. In the case of a rebuilt vehicle, a copy of the | ||
Disclosure of Rebuilt
Vehicle Status; and
| ||
6. In the case of a vehicle for which the warranty has | ||
been reinstated, a
copy of the warranty.
| ||
(j) A real estate broker holding a valid certificate of | ||
registration issued
pursuant to "The Real Estate Brokers and | ||
Salesmen License Act" may engage
in the business of selling or | ||
dealing in house trailers not his own without
being licensed | ||
as a used vehicle dealer under this Section; however such
| ||
broker shall maintain a record of the transaction including | ||
the following:
| ||
(1) the name and address of the buyer and seller,
| ||
(2) the date of sale,
|
(3) a description of the mobile home, including the | ||
vehicle identification
number, make, model, and year, and
| ||
(4) the Illinois certificate of title number.
| ||
The foregoing records shall be available for inspection by | ||
any officer
of the Secretary of State's Office at any | ||
reasonable hour.
| ||
(k) Except at the time of sale or repossession of the | ||
vehicle, no
person licensed as a used vehicle dealer may issue | ||
any other person a newly
created key to a vehicle unless the | ||
used vehicle dealer makes a color photocopy or electronic scan | ||
of the
driver's license or State identification card of the | ||
person requesting or
obtaining the newly created key. The used | ||
vehicle dealer must retain the photocopy or scan
for 30 days.
| ||
A used vehicle dealer who violates this subsection (k) is | ||
guilty of a
petty offense. Violation of this subsection (k) is | ||
not cause to suspend,
revoke, cancel, or deny renewal of the | ||
used vehicle dealer's license. | ||
(l) Used vehicle dealers licensed under this Section shall | ||
provide the Secretary of State a register for the sale at | ||
auction of each salvage or junk certificate vehicle. Each | ||
register shall include the following information: | ||
1. The year, make, model, style and color of the | ||
vehicle; | ||
2. The vehicle's manufacturer's identification number | ||
or, if applicable, the Secretary of State or Illinois | ||
Department of State Police identification number; |
3. The date of acquisition of the vehicle; | ||
4. The name and address of the person from whom the | ||
vehicle was acquired; | ||
5. The name and address of the person to whom any | ||
vehicle was disposed, the person's Illinois license number | ||
or if the person is an out-of-state salvage vehicle buyer, | ||
the license number from the state or jurisdiction where | ||
the buyer is licensed; and | ||
6. The purchase price of the vehicle. | ||
The register shall be submitted to the Secretary of State | ||
via written or electronic means within 10 calendar days from | ||
the date of the auction.
| ||
(m) If a licensee under this Section voluntarily | ||
surrenders a license to the Illinois Secretary of State Police | ||
or a representative of the Secretary of State Vehicle Services | ||
Department due to the licensee's inability to adhere to | ||
recordkeeping provisions, or the inability to properly issue | ||
certificates of title or registrations under this Code, or the | ||
Secretary revokes a license under this Section, then the | ||
licensee and the licensee's agent, designee, or legal | ||
representative, if applicable, may not be named on a new | ||
application for a licensee under this Section or under this | ||
Chapter, nor is the licensee or the licensee's agent, | ||
designee, or legal representative permitted to work for | ||
another licensee under this Chapter in a recordkeeping, | ||
management, or financial position or as an employee who |
handles certificate of title and registration documents and | ||
applications. | ||
(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19; | ||
101-505, eff. 1-1-20 .)
| ||
(625 ILCS 5/5-102.8) | ||
Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle | ||
dealers. | ||
(a) As used in this Section, "Buy Here, Pay Here used | ||
vehicle dealer" means any entity that engages in the business | ||
of selling or leasing of vehicles and finances the sale or | ||
purchase price of the vehicle to a customer without the | ||
customer using a third-party lender. | ||
(b) No person shall engage in
the business of selling or | ||
dealing in, on consignment or otherwise, 5 or
more used | ||
vehicles of any make during the year (except rebuilt salvage | ||
vehicles
sold by their rebuilders to persons licensed under | ||
this Chapter), or act as
an intermediary, agent, or broker for | ||
any licensed dealer or vehicle
purchaser (other than as a | ||
salesperson) or represent or advertise that he or she
is so | ||
engaged or intends to so engage in such business of a Buy Here, | ||
Pay Here used vehicle dealer unless licensed to
do so by the | ||
Secretary of State under the provisions of this Section.
| ||
(c) An application for a Buy Here, Pay Here used vehicle | ||
dealer's license shall be
filed with the Secretary of State, |
duly verified by oath, in such form
as the Secretary of State | ||
may by rule or regulation prescribe and shall
contain:
| ||
(1) The name and type of business organization | ||
established and additional
places of business, if any, in | ||
this State.
| ||
(2) If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a 10% or | ||
greater ownership
interest in the corporation, setting | ||
forth the residence address of
each; if the applicant is a | ||
sole proprietorship, a partnership, an
unincorporated | ||
association, a trust, or any similar form of business
| ||
organization, the names and residence address of the | ||
proprietor or of
each partner, member, officer, director, | ||
trustee, or manager.
| ||
(3) A statement that the applicant has been approved | ||
for registration
under the Retailers' Occupation Tax Act | ||
by the Department of Revenue. However,
this requirement | ||
does not apply to a dealer who is already licensed
| ||
hereunder with the Secretary of State, and who is merely | ||
applying for a
renewal of his or her license. As evidence | ||
of this fact, the application shall be
accompanied by a | ||
certification from the Department of Revenue showing that
| ||
the Department has approved the applicant for registration | ||
under the
Retailers' Occupation Tax Act. | ||
(4) A statement that the applicant has complied with | ||
the appropriate
liability insurance requirement. A |
Certificate of Insurance in a solvent
company authorized | ||
to do business in the State of Illinois shall be included
| ||
with each application covering each location at which he | ||
or she proposes to act
as a Buy Here, Pay Here used vehicle | ||
dealer. The policy must provide liability coverage in
the | ||
minimum amounts of $100,000 for bodily injury to, or death | ||
of, any person,
$300,000 for bodily injury to, or death | ||
of, 2 or more persons in any one
accident, and $50,000 for | ||
damage to property. Such policy shall expire
not sooner | ||
than December 31 of the year for which the license was | ||
issued
or renewed. The expiration of the insurance policy | ||
shall not terminate
the liability under the policy arising | ||
during the period for which the policy
was filed.
| ||
If the permitted user has a liability insurance policy | ||
that provides
automobile
liability insurance coverage of | ||
at least $100,000 for bodily injury to or the
death of any
| ||
person, $300,000 for bodily injury to or the death of any 2 | ||
or more persons in
any one
accident, and $50,000 for | ||
damage to property,
then the permitted user's insurer | ||
shall be the primary
insurer and the
dealer's insurer | ||
shall be the secondary insurer. If the permitted user does | ||
not
have a liability
insurance policy that provides | ||
automobile liability insurance coverage of at
least
| ||
$100,000 for bodily injury to or the death of any person, | ||
$300,000 for bodily
injury to or
the death of any 2 or more | ||
persons in any one accident, and $50,000 for damage
to
|
property, or does not have any insurance at all,
then the
| ||
dealer's
insurer shall be the primary insurer and the | ||
permitted user's insurer shall be
the secondary
insurer. | ||
When a permitted user is "test driving" a Buy Here, | ||
Pay Here used vehicle dealer's automobile,
the Buy Here, | ||
Pay Here used vehicle dealer's insurance shall be primary | ||
and the permitted user's
insurance shall be secondary.
| ||
As used in this paragraph, "permitted user" means a | ||
person who, with the
permission of the Buy Here, Pay Here | ||
used vehicle dealer or an employee of the Buy Here, Pay | ||
Here used vehicle
dealer, drives a vehicle owned and held | ||
for sale or lease by the Buy Here, Pay Here used vehicle
| ||
dealer that the person is considering to purchase or | ||
lease, in order to
evaluate the performance, reliability, | ||
or condition of the vehicle.
"Permitted user" includes a | ||
person who, with the permission of
the Buy Here, Pay Here | ||
used
vehicle dealer, drives a vehicle owned or held for | ||
sale or lease by the Buy Here, Pay Here used
vehicle dealer
| ||
for loaner purposes while the user's vehicle is being | ||
repaired or evaluated.
| ||
As used in this paragraph, "test driving" occurs when | ||
a permitted user
who,
with the permission of the Buy Here, | ||
Pay Here used vehicle dealer or an employee of the Buy | ||
Here, Pay Here used
vehicle
dealer, drives a vehicle owned | ||
and held for sale or lease by a Buy Here, Pay Here used | ||
vehicle
dealer that the person is considering to purchase |
or lease, in order to
evaluate the performance, | ||
reliability, or condition of the
vehicle.
| ||
As used in this paragraph, "loaner purposes" means | ||
when a person who,
with the permission of the Buy Here, Pay | ||
Here used vehicle dealer, drives a vehicle owned or held
| ||
for sale or lease by the used vehicle dealer while the
| ||
user's vehicle is being repaired or evaluated.
| ||
(5) An application for a Buy Here, Pay Here used | ||
vehicle dealer's license shall be
accompanied by the | ||
following license fees:
| ||
(A) $1,000 for the applicant's established place | ||
of business, and
$50 for
each additional place of | ||
business, if any, to which the application
pertains; | ||
however, if the application is made after June 15 of | ||
any
year, the license fee shall be $500 for the | ||
applicant's established
place of
business plus $25 for | ||
each additional place of business, if any,
to
which | ||
the application pertains. License fees shall be | ||
returnable only if the application is denied by
the | ||
Secretary of State. Of the money received by the | ||
Secretary of State as
license fees under this | ||
subparagraph, 95%
shall be deposited into the General | ||
Revenue Fund. | ||
(B) Except for dealers selling 25 or fewer | ||
automobiles or as provided in subsection (h) of | ||
Section 5-102.7 of this Code, an Annual Dealer |
Recovery Fund Fee in the amount of $500 for the | ||
applicant's established place of business, and $50 for | ||
each additional place of business, if any, to which | ||
the application pertains; but if the application is | ||
made after June 15 of any year, the fee shall be $250 | ||
for the applicant's established place of business plus | ||
$25 for each additional place of business, if any, to | ||
which the application pertains. For a license renewal | ||
application, the fee shall be based on the amount of | ||
automobiles sold in the past year according to the | ||
following formula: | ||
(1) $0 for dealers selling 25 or less | ||
automobiles; | ||
(2) $150 for dealers selling more than 25 but | ||
less than 200 automobiles; | ||
(3) $300 for dealers selling 200 or more | ||
automobiles but less than 300 automobiles; and | ||
(4) $500 for dealers selling 300 or more | ||
automobiles. | ||
Fees shall be returnable only if the application | ||
is denied by the Secretary of State. Money received | ||
under this subparagraph shall be deposited into the | ||
Dealer Recovery Trust Fund. A Buy Here, Pay Here used | ||
vehicle dealer shall pay into the Dealer Recovery | ||
Trust Fund for every vehicle that is financed, sold, | ||
or otherwise transferred to an individual or entity |
other than the Buy Here, Pay Here used vehicle dealer | ||
even if the individual or entity to which the Buy Here, | ||
Pay Here used vehicle dealer transfers the vehicle is | ||
unable to continue to adhere to the terms of the | ||
transaction by the Buy Here, Pay Here used vehicle | ||
dealer. | ||
(6) A statement that each officer, director, | ||
shareholder
having a 10% or greater ownership interest | ||
therein, proprietor, partner,
member, officer, director, | ||
trustee, manager, or other principal in the
business of | ||
the applicant has not committed in the past 3 years any one | ||
violation as
determined in any civil, criminal, or | ||
administrative proceedings of any one
of the following:
| ||
(A) the Anti-Theft Laws of this Code;
| ||
(B) the Certificate of Title Laws of this Code;
| ||
(C) the Offenses against Registration and | ||
Certificates of Title
Laws of this Code;
| ||
(D) the Dealers, Transporters, Wreckers and | ||
Rebuilders Laws of this
Code;
| ||
(E) Section 21-2 of the Illinois Criminal Code of | ||
1961 or the Criminal Code of 2012, Criminal
Trespass | ||
to Vehicles; or
| ||
(F) the Retailers' Occupation Tax Act. | ||
(7) A statement that each officer, director,
| ||
shareholder having a 10% or greater ownership interest | ||
therein,
proprietor, partner, member, officer, director, |
trustee, manager, or
other principal in the business of | ||
the applicant has not committed in any calendar year
3 or | ||
more violations, as determined in any civil, criminal, or
| ||
administrative proceedings, of any one or more of the | ||
following:
| ||
(A) the Consumer Finance Act;
| ||
(B) the Consumer Installment Loan Act;
| ||
(C) the Retail Installment Sales Act;
| ||
(D) the Motor Vehicle Retail Installment Sales | ||
Act;
| ||
(E) the Interest Act;
| ||
(F) the Illinois Wage Assignment Act;
| ||
(G) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
| ||
(H) the Consumer Fraud and Deceptive Business | ||
Practices Act.
| ||
(8) A statement that, within 10 years of application,
| ||
each officer, director, shareholder having a
10% or | ||
greater ownership interest therein, proprietor,
partner, | ||
member, officer, director, trustee, manager, or
other | ||
principal in the business of the applicant has not | ||
committed, as determined
in any civil, criminal, or | ||
administrative proceeding, in
any calendar year one or | ||
more
forcible felonies under the Criminal Code of 1961 or | ||
the
Criminal Code of 2012, or a violation of either or both | ||
Article 16 or 17 of the Criminal Code of 1961, or a |
violation of either or both Article 16 or 17 of the | ||
Criminal Code of 2012, Article 29B of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or a similar | ||
out-of-state offense.
For the purposes of this paragraph, | ||
"forcible felony" has
the meaning provided in Section 2-8 | ||
of the Criminal Code
of 2012. | ||
(9) A bond or Certificate of Deposit in the amount of | ||
$50,000 for
each location at which the applicant intends | ||
to act as a Buy Here, Pay Here used vehicle dealer. The | ||
bond shall be for the term of the license. The bond shall | ||
run
to the People of the State of Illinois, with surety by | ||
a bonding or
insurance company authorized to do business | ||
in this State. It shall be
conditioned upon the proper | ||
transmittal of all title and registration fees
and taxes | ||
(excluding taxes under the Retailers' Occupation Tax Act) | ||
accepted
by the applicant as a Buy Here, Pay Here used | ||
vehicle dealer. | ||
(10) Such other information concerning the business of | ||
the applicant as
the Secretary of State may by rule | ||
prescribe.
| ||
(11) A statement that the applicant understands | ||
Chapter 1 through
Chapter 5 of this Code.
| ||
(12) A copy of the certification from the prelicensing | ||
education
program. | ||
(13) The full name, address, and contact information | ||
of each of the dealer's agents or legal representatives |
who is an Illinois resident and liable for the performance | ||
of the dealership. | ||
(d) Any change that renders no longer accurate any | ||
information
contained in any application for a Buy Here, Pay | ||
Here used vehicle dealer's license shall
be amended within 30 | ||
days after the occurrence of each change on such
form as the | ||
Secretary of State may prescribe by rule,
accompanied by an | ||
amendatory fee of $2.
| ||
(e) Anything in this Chapter to the contrary | ||
notwithstanding, no
person shall be licensed as a Buy Here, | ||
Pay Here used vehicle dealer unless the person
maintains an | ||
established place of business as
defined in this Chapter.
| ||
(f) The Secretary of State shall, within a reasonable time | ||
after
receipt, examine an application submitted under this | ||
Section.
Unless the Secretary makes a determination that the | ||
application does not conform to this Section or that grounds | ||
exist
for a denial of the application under Section 5-501 of | ||
this Chapter, the Secretary
must grant the applicant an | ||
original Buy Here, Pay Here used vehicle dealer's license in
| ||
writing for his or her established place of business and a | ||
supplemental license
in writing for each additional place of | ||
business in such form as the Secretary may
prescribe by rule | ||
that shall include the following:
| ||
(1) The name of the person licensed.
| ||
(2) If a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an |
unincorporated association, or any
similar form of | ||
business organization, the name and address of the
| ||
proprietor or of each partner, member, officer, director, | ||
trustee, or
manager.
| ||
(3) In the case of an original license, the | ||
established place of business
of the licensee.
| ||
(4) In the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which the
supplemental | ||
license pertains. | ||
(5) The full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who | ||
is an Illinois resident and liable for the performance of | ||
the dealership. | ||
(g) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State | ||
shall be kept posted,
conspicuously, in the established place | ||
of business of the licensee and
in each additional place of | ||
business, if any, maintained by the
licensee.
| ||
(h) Except as provided in subsection (i), all Buy Here, | ||
Pay Here used
vehicle dealer's licenses granted under this | ||
Section expire by operation
of law on December 31 of the | ||
calendar year for which they are granted
unless sooner revoked | ||
or cancelled under Section 5-501 of this Chapter.
| ||
(i) A Buy Here, Pay Here used vehicle dealer's license may | ||
be renewed upon application
and payment of the fee required |
herein, and submission of proof of
coverage by an approved | ||
bond under the Retailers' Occupation Tax Act
or proof that the | ||
applicant is not subject to such bonding requirements, as
in | ||
the case of an original license, but in the case of an | ||
application for the
renewal of an effective license made | ||
during the month of December,
the effective license shall | ||
remain in force until the application for
renewal is granted | ||
or denied by the Secretary of State.
| ||
(j) Each person licensed as a Buy Here, Pay Here used | ||
vehicle dealer is required to
furnish each purchaser of a | ||
motor vehicle:
| ||
(1) a certificate of title properly assigned to the | ||
purchaser;
| ||
(2) a statement verified under oath that all | ||
identifying numbers on
the vehicle agree with those on the | ||
certificate of title;
| ||
(3) a bill of sale properly executed on behalf of the | ||
person;
| ||
(4) a copy of the Uniform Invoice-transaction | ||
reporting return
referred to in Section 5-402;
| ||
(5) in the case of a rebuilt vehicle, a copy of the | ||
Disclosure of Rebuilt
Vehicle Status; and
| ||
(6) in the case of a vehicle for which the warranty has | ||
been reinstated, a
copy of the warranty.
| ||
(k) Except at the time of sale or repossession of the | ||
vehicle, no
person licensed as a Buy Here, Pay Here used |
vehicle dealer may issue any other person a newly
created key | ||
to a vehicle unless the Buy Here, Pay Here used vehicle dealer | ||
makes a color photocopy or electronic scan of the
driver's | ||
license or State identification card of the person requesting | ||
or
obtaining the newly created key. The Buy Here, Pay Here used | ||
vehicle dealer must retain the photocopy or scan
for 30 days. | ||
A Buy Here, Pay Here used vehicle dealer who violates this | ||
subsection (k) is guilty of a
petty offense. Violation of this | ||
subsection (k) is not cause to suspend,
revoke, cancel, or | ||
deny renewal of the used vehicle dealer's license. | ||
(l) A Buy Here, Pay Here used vehicle dealer licensed | ||
under this Section shall provide the Secretary of State a | ||
register for the sale at auction of each salvage or junk | ||
certificate vehicle. Each register shall include the following | ||
information: | ||
(1) the year, make, model, style, and color of the | ||
vehicle; | ||
(2) the vehicle's manufacturer's identification number | ||
or, if applicable, the Secretary of State or Illinois | ||
Department of State Police identification number; | ||
(3) the date of acquisition of the vehicle; | ||
(4) the name and address of the person from whom the | ||
vehicle was acquired; | ||
(5) the name and address of the person to whom any | ||
vehicle was disposed, the person's Illinois license number | ||
or, if the person is an out-of-state salvage vehicle |
buyer, the license number from the state or jurisdiction | ||
where the buyer is licensed; and | ||
(6) the purchase price of the vehicle. | ||
The register shall be submitted to the Secretary of State | ||
via written or electronic means within 10 calendar days from | ||
the date of the auction. | ||
(m) If a licensee under this Section voluntarily | ||
surrenders a license to the Illinois Secretary of State Police | ||
or a representative of the Secretary of State Vehicle Services | ||
Department due to the licensee's inability to adhere to | ||
recordkeeping provisions, or the inability to properly issue | ||
certificates of title or registrations under this Code, or the | ||
Secretary revokes a license under this Section, then the | ||
licensee and the licensee's agent, designee, or legal | ||
representative, if applicable, may not be named on a new | ||
application for a licensee under this Section or under this | ||
Chapter, nor is the licensee or the licensee's agent, | ||
designee, or legal representative permitted to work for | ||
another licensee under this Chapter in a recordkeeping, | ||
management, or financial position or as an employee who | ||
handles certificate of title and registration documents and | ||
applications.
| ||
(Source: P.A. 101-505, eff. 1-1-20 .)
| ||
(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| ||
Sec. 5-301. Automotive parts recyclers, scrap processors, |
repairers and
rebuilders must be licensed. | ||
(a) No person in this State shall, except as an incident to
| ||
the servicing of vehicles, carry on or conduct the business
of | ||
an automotive parts recycler, a scrap processor, a repairer,
| ||
or a rebuilder, unless licensed to do so in writing by the | ||
Secretary of
State under this Section. No person shall rebuild | ||
a salvage vehicle
unless such person is licensed as a | ||
rebuilder by the Secretary of State
under this Section. No | ||
person shall engage in the business of acquiring 5 or more | ||
previously owned vehicles in one calendar year for the primary | ||
purpose of disposing of those vehicles in the manner described | ||
in the definition of a "scrap processor" in this Code unless | ||
the person is licensed as an automotive parts recycler by the | ||
Secretary of State under this Section. No person shall engage | ||
in the act of dismantling, crushing, or altering a vehicle | ||
into another form using machinery or equipment unless licensed | ||
to do so and only from the fixed location identified on the | ||
license issued by the Secretary. Each license shall be applied | ||
for and issued
separately, except that a license issued to a | ||
new vehicle dealer under
Section 5-101 of this Code shall also | ||
be deemed to be a repairer license.
| ||
(b) Any application filed with the Secretary of State, | ||
shall be duly
verified by oath, in such form as the Secretary | ||
of State may by rule or
regulation prescribe and shall | ||
contain:
| ||
1. The name and type of business organization of the |
applicant and
his principal or additional places of | ||
business, if any, in this State.
| ||
2. The kind or kinds of business enumerated in | ||
subsection (a) of
this Section to be conducted at each | ||
location.
| ||
3. If the applicant is a corporation, a list of its | ||
officers,
directors, and shareholders having a ten percent | ||
or greater ownership
interest in the corporation, setting | ||
forth the residence address of each;
if the applicant is a | ||
sole proprietorship, a partnership, an unincorporated
| ||
association, a trust, or any similar form of business | ||
organization, the
names and residence address of the | ||
proprietor or of each partner, member,
officer, director, | ||
trustee or manager.
| ||
4. A statement that the applicant's officers, | ||
directors, shareholders
having a ten percent or greater | ||
ownership interest therein, proprietor,
partner, member, | ||
officer, director, trustee, manager, or other principals
| ||
in the business have not committed in the past three years | ||
any one
violation as determined in any civil or criminal | ||
or administrative
proceedings of any one of the following | ||
Acts:
| ||
(a) the Anti-Theft Laws of the Illinois Vehicle | ||
Code;
| ||
(b) the "Certificate of Title Laws" of the | ||
Illinois Vehicle Code;
|
(c) the "Offenses against Registration and | ||
Certificates of Title Laws"
of the Illinois Vehicle | ||
Code;
| ||
(d) the "Dealers, Transporters, Wreckers and | ||
Rebuilders Laws" of the
Illinois Vehicle Code;
| ||
(e) Section 21-2 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, Criminal Trespass to
| ||
Vehicles; or
| ||
(f) the Retailers Occupation Tax Act.
| ||
5. A statement that the applicant's officers, | ||
directors, shareholders
having a ten percent or greater | ||
ownership interest therein, proprietor,
partner, member, | ||
officer, director, trustee, manager or other principals
in | ||
the business have not committed in any calendar year 3 or | ||
more
violations, as determined in any civil or criminal or | ||
administrative
proceedings, of any one or more of the | ||
following Acts:
| ||
(a) the Consumer Finance Act;
| ||
(b) the Consumer Installment Loan Act;
| ||
(c) the Retail Installment Sales Act;
| ||
(d) the Motor Vehicle Retail Installment Sales | ||
Act;
| ||
(e) the Interest Act;
| ||
(f) the Illinois Wage Assignment Act;
| ||
(g) Part 8 of Article XII of the Code of Civil | ||
Procedure; or
|
(h) the Consumer Fraud Act.
| ||
6. An application for a license shall be accompanied | ||
by the
following fees:
$50 for applicant's established | ||
place of business;
$25 for each
additional place of | ||
business, if any, to which the application pertains;
| ||
provided, however, that if such an application is made | ||
after June 15 of
any year, the license fee shall be $25 for | ||
applicant's established
place
of business plus $12.50 for | ||
each additional place of business, if
any,
to which the | ||
application pertains. License fees shall be returnable | ||
only
in the event that such application shall be denied by | ||
the Secretary of
State.
| ||
7. A statement that the applicant understands Chapter | ||
1 through
Chapter 5 of this Code.
| ||
8. A statement that the applicant shall comply with
| ||
subsection (e)
of this Section. | ||
9. A statement indicating if the applicant, including | ||
any of the applicant's affiliates or predecessor | ||
corporations, has been subject to the revocation or | ||
nonrenewal of a business license by a municipality under | ||
Section 5-501.5 of this Code.
| ||
10. The applicant's National Motor Vehicle Title | ||
Information System number and a statement of compliance if | ||
applicable. | ||
11. The full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who |
is an Illinois resident and liable for the performance of | ||
the dealership. | ||
(c) Any change which renders no longer accurate any | ||
information
contained in any application for a license filed | ||
with the Secretary of
State shall be amended within 30 days | ||
after the occurrence of such
change on such form as the | ||
Secretary of State may prescribe by rule or
regulation, | ||
accompanied by an amendatory fee of $2.
| ||
(d) Anything in this Chapter to the contrary, | ||
notwithstanding, no
person shall be licensed under this | ||
Section unless such person shall
maintain an established place | ||
of business as defined in this Chapter.
| ||
(e) The Secretary of State shall within a reasonable time | ||
after
receipt thereof, examine an application submitted to him | ||
under this
Section and unless he makes a determination that | ||
the application
submitted to him does not conform with the | ||
requirements of this Section
or that grounds exist for a | ||
denial of the application, as prescribed in
Section 5-501 of | ||
this Chapter, grant the applicant an original license
as | ||
applied for in writing for his established place of business | ||
and a
supplemental license in writing for each additional | ||
place of
business in such form as he may prescribe by rule or | ||
regulation which shall
include the following:
| ||
1. the name of the person licensed;
| ||
2. if a corporation, the name and address of its | ||
officers or if a
sole proprietorship, a partnership, an |
unincorporated association or any
similar form of business | ||
organization, the name and address of the
proprietor or of | ||
each partner, member, officer, director, trustee or | ||
manager;
| ||
3. a designation of the kind or kinds of business | ||
enumerated in
subsection (a) of this Section to be | ||
conducted at each location;
| ||
4. in the case of an original license, the established | ||
place of
business of the licensee;
| ||
5. in the case of a supplemental license, the | ||
established place of
business of the licensee and the | ||
additional place of business to which such
supplemental | ||
license pertains ; .
| ||
6. the full name, address, and contact information of | ||
each of the dealer's agents or legal representatives who | ||
is an Illinois resident and liable for the performance of | ||
the dealership. | ||
(f) The appropriate instrument evidencing the license or a | ||
certified
copy thereof, provided by the Secretary of State | ||
shall be kept, posted,
conspicuously in the established place | ||
of business of the
licensee and in each additional place of | ||
business, if any, maintained by
such licensee. The licensee | ||
also shall post conspicuously in the
established place of | ||
business and in each additional place of business a
notice | ||
which states that such business is required to be licensed by | ||
the
Secretary of State under Section 5-301, and which provides |
the license
number of the business and the license expiration | ||
date. This notice also
shall advise the consumer that any | ||
complaints as to the quality of service
may be brought to the | ||
attention of the Attorney General. The information
required on | ||
this notice also shall be printed conspicuously on all
| ||
estimates and receipts for work by the licensee subject to | ||
this Section.
The Secretary of State shall prescribe the | ||
specific format of this notice.
| ||
(g) Except as provided in subsection (h) hereof, licenses | ||
granted
under this Section shall expire by operation of law on | ||
December 31 of
the calendar year for which they are granted | ||
unless sooner revoked, nonrenewed, or
cancelled under the | ||
provisions of Section 5-501 or 5-501.5 of this Chapter.
| ||
(h) Any license granted under this Section may be renewed | ||
upon
application and payment of the fee required herein as in | ||
the case of an
original license, provided, however, that in | ||
case an application for the
renewal of an effective license is | ||
made during the month of December,
such effective license | ||
shall remain in force until such application is
granted or | ||
denied by the Secretary of State.
| ||
(i) All automotive
repairers and
rebuilders shall, in | ||
addition to the requirements of subsections (a)
through
(h) of | ||
this Section, meet the following licensing requirements:
| ||
1. provide proof that the property on which first time
| ||
applicants plan to
do business is in compliance with local | ||
zoning laws and regulations, and
a listing of zoning |
classification;
| ||
2. provide proof that the applicant for a repairer's
| ||
license complies
with the proper workers' compensation | ||
rate code or classification, and
listing the code of | ||
classification for that industry;
| ||
3. provide proof that the applicant for a rebuilder's
| ||
license complies
with the proper workers' compensation | ||
rate code or classification for the
repair industry or the | ||
auto parts recycling industry and listing the code
of | ||
classification;
| ||
4. provide proof that the applicant has obtained or
| ||
applied for a
hazardous waste generator number, and | ||
listing the actual number if
available or certificate of | ||
exemption;
| ||
5. provide proof that applicant has proper liability
| ||
insurance, and
listing the name of the insurer and the | ||
policy number; and
| ||
6. provide proof that the applicant has obtained or
| ||
applied for the proper
State sales tax classification and | ||
federal identification tax number, and
listing the actual | ||
numbers if available.
| ||
(i-1) All automotive repairers shall provide proof that | ||
they comply with all requirements of the Automotive Collision | ||
Repair Act.
| ||
(j) All automotive
parts
recyclers shall, in addition to | ||
the requirements of subsections (a) through
(h) of this |
Section, meet the following licensing requirements:
| ||
1. provide a statement that the applicant purchases 5 | ||
vehicles
per year or has 5
hulks or chassis in stock;
| ||
2. provide proof that the property on which all first
| ||
time applicants will
do business does comply to the proper | ||
local zoning laws in existence, and
a listing of zoning | ||
classifications;
| ||
3. provide proof that applicant complies with the
| ||
proper workers'
compensation rate code or classification, | ||
and listing the code of
classification; and
| ||
4. provide proof that applicant has obtained or
| ||
applied for the proper
State sales tax classification and | ||
federal identification tax number, and
listing the actual | ||
numbers if available.
| ||
(Source: P.A. 100-409, eff. 8-25-17; 101-572, eff. 8-23-19.)
| ||
(625 ILCS 5/5-505 new) | ||
Sec. 5-505. License suspension or revocation; penalty. The | ||
Secretary shall suspend the license of any licensee under this | ||
Chapter who permits an individual who is not an authorized | ||
agent or employee of the licensee to use the license of the | ||
licensee to purchase a vehicle from an auction. The suspension | ||
shall be for a period of no less than 30 days for the first | ||
violation. Upon a second or subsequent violation, the | ||
Secretary shall revoke the license of the licensee.
|