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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

VEHICLES
(625 ILCS 5/) Illinois Vehicle Code.

625 ILCS 5/5-207

    (625 ILCS 5/5-207)
    Sec. 5-207. Licensing of towing services as dealers. Any towing service that sells or disposes of 5 or more vehicles in a calendar year to anyone other than a person licensed under Chapter 5 of this Code must also be licensed under Section 5-102 of this Chapter.
(Source: P.A. 89-433, eff. 12-15-95.)

625 ILCS 5/Ch. 5 Art. III

 
    (625 ILCS 5/Ch. 5 Art. III heading)
ARTICLE III. USED PARTS DEALERS, SCRAP
PROCESSORS, AUTOMOTIVE PARTS
RECYCLERS AND REBUILDERS

625 ILCS 5/5-301

    (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. 101-572, eff. 8-23-19; 102-154, eff. 1-1-22.)

625 ILCS 5/5-302

    (625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)
    Sec. 5-302. Out-of-state salvage vehicle buyer must be licensed.
    (a) No person in this State shall sell at auction a salvage vehicle to a nonresident individual or business licensed in the United States unless the nonresident is licensed in another state or jurisdiction and provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, a federal employer identification number, or a government-issued driver's license or passport. A person in this State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity.
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    (e) (Blank).
    (f) (Blank).
    (g) An out-of-state salvage vehicle buyer shall be subject to the inspection of records pertaining to the acquisition of salvage vehicles in this State in accordance with this Code and such rules as the Secretary of State may promulgate.
    (h) (Blank).
    (i) (Blank).
    (j) An out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT".
(Source: P.A. 101-572, eff. 8-23-19.)

625 ILCS 5/Ch. 5 Art. IV

 
    (625 ILCS 5/Ch. 5 Art. IV heading)
ARTICLE IV. RECORDS REQUIRED TO BE KEPT

625 ILCS 5/5-401.2

    (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
    Sec. 5-401.2. Licensees required to keep records and make inspections.
    (a) Every person licensed or required to be licensed under Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or 5-302 of this Code, shall, with the exception of scrap processors, maintain for 3 years, in a form as the Secretary of State may by rule or regulation prescribe, at his established place of business, additional place of business, or principal place of business if licensed under Section 5-302, the following records relating to the acquisition or disposition of vehicles and their essential parts possessed in this State, brought into this State from another state, territory or country, or sold or transferred to another person in this State or in another state, territory, or country.
        (1) The following records pertaining to new or used
    
vehicles shall be kept:
            (A) the year, make, model, style and color of the
        
vehicle;
            (B) the vehicle's manufacturer's identification
        
number or, if applicable, the Secretary of State or Illinois State Police identification number;
            (C) the date of acquisition of the vehicle;
            (D) the name and address of the person from whom
        
the vehicle was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person;
            (E) the signature of the person making the
        
inspection of a used vehicle as required under subsection (d) of this Section, if applicable;
            (F) the purchase price of the vehicle, if
        
applicable;
            (G) the date of the disposition of the vehicle;
            (H) the name and address of the person to whom
        
any vehicle was disposed, and if that person is a dealer, the Illinois or out-of-State dealer's license number of that dealer;
            (I) the uniform invoice number reflecting the
        
disposition of the vehicle, if applicable; and
            (J) The sale price of the vehicle, if applicable.
        (2) (A) The following records pertaining to used
    
essential parts other than quarter panels and transmissions of vehicles of the first division shall be kept:
            (i) the year, make, model, color and type of such
        
part;
            (ii) the vehicle's manufacturer's identification
        
number, derivative number, or, if applicable, the Secretary of State or Illinois State Police identification number of such part;
            (iii) the date of the acquisition of each part;
            (iv) the name and address of the person from whom
        
the part was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of such person; if the essential part being acquired is from a person other than a dealer, the licensee shall verify and record that person's identity by recording the identification numbers from at least two sources of identification, one of which shall be a drivers license or State identification card;
            (v) the uniform invoice number or out-of-state
        
bill of sale number reflecting the acquisition of such part;
            (vi) the stock number assigned to the essential
        
part by the licensee, if applicable;
            (vii) the date of the disposition of such part;
            (viii) the name and address of the person to whom
        
such part was disposed of and, if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
            (ix) the uniform invoice number reflecting the
        
disposition of such part.
        (B) Inspections of all essential parts shall be
    
conducted in accordance with Section 5-402.1.
        (C) A separate entry containing all of the
    
information required to be recorded in subparagraph (A) of paragraph (2) of subsection (a) of this Section shall be made for each separate essential part. Separate entries shall be made regardless of whether the part was a large purchase acquisition. In addition, a separate entry shall be made for each part acquired for immediate sale or transfer, or for placement into the overall inventory or stock to be disposed of at a later time, or for use on a vehicle to be materially altered by the licensee, or acquired for any other purpose or reason. Failure to make a separate entry for each essential part acquired or disposed of, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each essential part as set forth in subparagraph (A) of paragraph (2) of subsection (a) shall constitute a failure to keep records.
        (D) The vehicle's manufacturer's identification
    
number or Secretary of State or Illinois State Police identification number for the essential part shall be ascertained and recorded even if such part is acquired from a person or dealer located in a State, territory, or country which does not require that such information be recorded. If the vehicle's manufacturer's identification number or Secretary of State or Illinois State Police identification number for an essential part cannot be obtained, that part shall not be acquired by the licensee or any of his agents or employees. If such part or parts were physically acquired by the licensee or any of his agents or employees while the licensee or agent or employee was outside this State, that licensee or agent or employee was outside the State, that licensee, agent or employee shall not bring such essential part into this State or cause it to be brought into this State. The acquisition or disposition of an essential part by a licensee without the recording of the vehicle identification number or Secretary of State identification number for such part or the transportation into the State by the licensee or his agent or employee of such part or parts shall constitute a failure to keep records.
        (E) The records of essential parts required to be
    
kept by this Section shall apply to all hulks, chassis, frames or cowls, regardless of the age of those essential parts. The records required to be kept by this Section for essential parts other than hulks, chassis, frames or cowls, shall apply only to those essential parts which are 6 model years of age or newer. In determining the model year of such an essential part it may be presumed that the identification number of the vehicle from which the essential part came or the identification number affixed to the essential part itself acquired by the licensee denotes the model year of that essential part. This presumption, however, shall not apply if the gross appearance of the essential part does not correspond to the year, make or model of either the identification number of the vehicle from which the essential part is alleged to have come or the identification number which is affixed to the essential part itself. To determine whether an essential part is 6 years of age or newer within this paragraph, the model year of the essential part shall be subtracted from the calendar year in which the essential part is acquired or disposed of by the licensee. If the remainder is 6 or less, the record of the acquisition or disposition of that essential part shall be kept as required by this Section.
        (F) The requirements of paragraph (2) of subsection
    
(a) of this Section shall not apply to the disposition of an essential part other than a cowl which has been damaged or altered to a state in which it can no longer be returned to a usable condition and which is being sold or transferred to a scrap processor or for delivery to a scrap processor.
    (3) the following records for vehicles on which junking certificates are obtained shall be kept:
        (A) the year, make, model, style and color of the
    
vehicle;
        (B) the vehicle's manufacturer's identification
    
number or, if applicable, the Secretary of State or Illinois State Police identification number;
        (C) the date the vehicle was acquired;
        (D) the name and address of the person from whom the
    
vehicle was acquired and, if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
        (E) the certificate of title number or salvage
    
certificate number for the vehicle, if applicable;
        (F) the junking certificate number obtained by the
    
licensee; this entry shall be recorded at the close of business of the fifth business day after receiving the junking certificate;
        (G) the name and address of the person to whom the
    
junking certificate has been assigned, if applicable, and if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;
        (H) if the vehicle or any part of the vehicle is
    
dismantled for its parts to be disposed of in any way, or if such parts are to be used by the licensee to materially alter a vehicle, those essential parts shall be recorded and the entries required by paragraph (2) of subsection (a) shall be made.
    (4) The following records for rebuilt vehicles shall be kept:
        (A) the year, make, model, style and color of the
    
vehicle;
        (B) the vehicle's manufacturer's identification
    
number of the vehicle or, if applicable, the Secretary of State or Illinois State Police identification number;
        (C) the date the vehicle was acquired;
        (D) the name and address of the person from whom the
    
vehicle was acquired, and if that person is a dealer, the Illinois or out-of-state dealer license number of that person;
        (E) the salvage certificate number for the vehicle;
        (F) the newly issued certificate of title number for
    
the vehicle;
        (G) the date of disposition of the vehicle;
        (H) the name and address of the person to whom the
    
vehicle was disposed, and if a dealer, the Illinois or out-of-state dealer license number of that dealer;
        (I) The sale price of the vehicle.
    (a-1) A person licensed or required to be licensed under Section 5-101 or Section 5-102 of this Code who issues temporary registration permits as permitted by this Code and by rule must electronically file the registration with the Secretary and must maintain records of the registration in the manner prescribed by the Secretary.
    (b) A failure to make separate entries for each vehicle acquired, disposed of, or assigned, or a failure to record any of the specific information required to be recorded concerning the acquisition or disposition of each vehicle as set forth in paragraphs (1), (3) and (4) of subsection (a) shall constitute a failure to keep records.
    (c) All entries relating to the acquisition of a vehicle or essential part required by subsection (a) of this Section shall be recorded no later than the close of business on the seventh calendar day following such acquisition. All entries relating to the disposition of a vehicle or an essential part shall be made at the time of such disposition. If the vehicle or essential part was disposed of on the same day as its acquisition or the day thereafter, the entries relating to the acquisition of the vehicle or essential part shall be made at the time of the disposition of the vehicle or essential part. Failure to make the entries required in or at the times prescribed by this subsection following the acquisition or disposition of such vehicle or essential part shall constitute a failure to keep records.
    (d) Every person licensed or required to be licensed shall, before accepting delivery of a used vehicle, inspect the vehicle to determine whether the manufacturer's public vehicle identification number has been defaced, destroyed, falsified, removed, altered, or tampered with in any way. If the person making the inspection determines that the manufacturer's public vehicle identification number has been altered, removed, defaced, destroyed, falsified or tampered with he shall not acquire that vehicle but instead shall promptly notify law enforcement authorities of his finding.
    (e) The information required to be kept in subsection (a) of this Section shall be kept in a manner prescribed by rule or regulation of the Secretary of State.
    (f) Every person licensed or required to be licensed shall have in his possession a separate certificate of title, salvage certificate, junking certificate, certificate of purchase, uniform invoice, out-of-state bill of sale or other acceptable documentary evidence of his right to the possession of every vehicle or essential part.
    (g) Every person licensed or required to be licensed as a transporter under Section 5-201 shall maintain for 3 years, in such form as the Secretary of State may by rule or regulation prescribe, at his principal place of business a record of every vehicle transported by him, including numbers of or other marks of identification thereof, the names and addresses of persons from whom and to whom the vehicle was delivered and the dates of delivery.
    (h) No later than 15 days prior to going out of business, selling the business, or transferring the ownership of the business, the licensee shall notify the Secretary of State that he is going out of business or that he is transferring the ownership of the business. Failure to notify under this paragraph shall constitute a failure to keep records.
    (i) (Blank).
    (j) A person who knowingly fails to comply with the provisions of this Section or knowingly fails to obey, observe, or comply with any order of the Secretary or any law enforcement agency issued in accordance with this Section is guilty of a Class B misdemeanor for the first violation and a Class A misdemeanor for the second and subsequent violations. Each violation constitutes a separate and distinct offense and a separate count may be brought in the same indictment or information for each vehicle or each essential part of a vehicle for which a record was not kept as required by this Section.
    (k) Any person convicted of failing to keep the records required by this Section with intent to conceal the identity or origin of a vehicle or its essential parts or with intent to defraud the public in the transfer or sale of vehicles or their essential parts is guilty of a Class 2 felony. Each violation constitutes a separate and distinct offense and a separate count may be brought in the same indictment or information for each vehicle or essential part of a vehicle for which a record was not kept as required by this Section.
    (l) A person may not be criminally charged with or convicted of both a knowing failure to comply with this Section and a knowing failure to comply with any order, if both offenses involve the same record keeping violation.
    (m) The Secretary shall adopt rules necessary for implementation of this Section, which may include the imposition of administrative fines.
(Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.)