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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.)
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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
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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.
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2. The kind or kinds of business enumerated in
| | subsection (a) of this Section to be conducted at each location.
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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.
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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:
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(a) the Anti-Theft Laws of the Illinois Vehicle
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(b) the "Certificate of Title Laws" of the
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(c) the "Offenses against Registration and
| | Certificates of Title Laws" of the Illinois Vehicle Code;
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(d) the "Dealers, Transporters, Wreckers and
| | Rebuilders Laws" of the Illinois Vehicle Code;
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(e) Section 21-2 of the Criminal Code of 1961 or
| | the Criminal Code of 2012, Criminal Trespass to Vehicles; or
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(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:
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(a) the Consumer Finance Act;
(b) the Consumer Installment Loan Act;
(c) the Retail Installment Sales Act;
(d) the Motor Vehicle Retail Installment Sales
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(e) the Interest Act;
(f) the Illinois Wage Assignment Act;
(g) Part 8 of Article XII of the Code of Civil
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(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.
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7. A statement that the applicant understands Chapter
| | 1 through Chapter 5 of this Code.
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8. A statement that the applicant shall comply with
| | subsection (e) of this Section.
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| 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.
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10. The applicant's National Motor Vehicle Title
| | Information System number and a statement of compliance if applicable.
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| 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.
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| (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;
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3. a designation of the kind or kinds of business
| | enumerated in subsection (a) of this Section to be conducted at each location;
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4. in the case of an original license, the
| | established place of business of the licensee;
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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;
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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.
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| (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;
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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;
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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;
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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;
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5. provide proof that applicant has proper liability
| | insurance, and listing the name of the insurer and the policy number; and
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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.
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(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;
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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;
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3. provide proof that applicant complies with the
| | proper workers' compensation rate code or classification, and listing the code of classification; and
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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.
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(Source: P.A. 101-572, eff. 8-23-19; 102-154, eff. 1-1-22 .)
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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.)
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625 ILCS 5/Ch. 5 Art. IV
(625 ILCS 5/Ch. 5 Art. IV heading)
ARTICLE IV.
RECORDS REQUIRED TO BE KEPT
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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 | |
(A) the year, make, model, style and color of the
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(B) the vehicle's manufacturer's identification
| | number or, if applicable, the Secretary of State or Illinois State Police identification number;
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(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;
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(E) the signature of the person making the
| | inspection of a used vehicle as required under subsection (d) of this Section, if applicable;
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(F) the purchase price of the vehicle, if
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(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;
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(I) the uniform invoice number reflecting the
| | disposition of the vehicle, if applicable; and
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(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:
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(i) the year, make, model, color and type of such
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(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;
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(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;
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(v) the uniform invoice number or out-of-state
| | bill of sale number reflecting the acquisition of such part;
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(vi) the stock number assigned to the essential
| | part by the licensee, if applicable;
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(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;
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(ix) the uniform invoice number reflecting the
| | disposition of such part.
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(B) Inspections of all essential parts shall be
| | conducted in accordance with Section 5-402.1.
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(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.
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(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.
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(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.
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(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.
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(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
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(B) the vehicle's manufacturer's identification
| | number or, if applicable, the Secretary of State or Illinois State Police identification number;
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(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;
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(E) the certificate of title number or salvage
| | certificate number for the vehicle, if applicable;
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(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;
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(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;
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(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.
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(4) The following records for rebuilt vehicles shall be kept:
(A) the year, make, model, style and color of the
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(B) the vehicle's manufacturer's identification
| | number of the vehicle or, if applicable, the Secretary of State or Illinois State Police identification number;
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(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;
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(E) the salvage certificate number for the vehicle;
(F) the newly issued certificate of title number for
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(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;
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(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.)
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