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92nd General Assembly

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Public Act 92-0835

HB4975 Enrolled                                LRB9215737LDtm

    AN ACT regarding vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Sections 5-101 and 5-102 as follows:

    (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:
              $100   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 $50  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.  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.
              (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:
              $50   for   applicant's  established  place  of
         business, and  $25  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 $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 the application is
         denied by the Secretary of State.
         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,
         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.
         10.  A  bond or certificate of deposit in the amount
    of $20,000 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 One through Chapter Five of this Code.
    (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.
    (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 copy 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 copy 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.
(Source: P.A. 92-391, eff. 8-16-01.)
    (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:
         $50 for applicant's established place  of  business,
    and $25 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  $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
    the application is denied by the Secretary of State.
         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, 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 Act.
         8.  A  bond  or Certificate of Deposit in the amount
    of $20,000 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.
    (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.
    (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 copy 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 copy 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.
(Source: P.A. 92-391, eff. 8-16-01.)
    Passed in the General Assembly June 01, 2002.
    Approved August 22, 2002.
    Effective June 01, 2003.

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