(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
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| 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
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| 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,
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| 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
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| Certificates of Title Laws" of the Illinois Vehicle Code;
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(d) the "Dealers, Transporters, Wreckers and
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| Rebuilders Laws" of the Illinois Vehicle Code;
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(e) Section 21-2 of the Criminal Code of 1961 or
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| 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,
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| 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
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| 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
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| 1 through Chapter 5 of this Code.
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8. A statement that the applicant shall comply with
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| subsection (e) of this Section.
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9. A statement indicating if the applicant, including
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| 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
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| Information System number and a statement of compliance if applicable.
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11. The full name, address, and contact information
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| 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
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| 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
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| 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
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| established place of business of the licensee;
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5. in the case of a supplemental license, the
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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 5/5-401.2) (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 |
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(A) the year, make, model, style and color of the
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(B) the vehicle's manufacturer's identification
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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
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| bill of sale number reflecting the acquisition of such part;
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(vi) the stock number assigned to the essential
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| 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
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| 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
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| disposition of such part.
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(B) Inspections of all essential parts shall be
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| conducted in accordance with Section 5-402.1.
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(C) A separate entry containing all of the
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| 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
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| 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
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| 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
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| (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
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| 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
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| 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
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| certificate number for the vehicle, if applicable;
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(F) the junking certificate number obtained by the
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| 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
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| 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
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| 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
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| 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
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| 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
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| 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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(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
Sec. 5-401.3. Scrap processors required to keep records. (a) Every person licensed or required to be licensed as a scrap processor
pursuant to Section 5-301 of this Chapter shall maintain for 3 years, at
his established place of business, the following records relating to the
acquisition of recyclable metals or the acquisition of a vehicle, junk vehicle, or vehicle cowl which has been
acquired for the purpose of processing into a form other than a vehicle,
junk vehicle or vehicle cowl which is possessed in the State or brought
into this State from another state, territory or country.
No scrap metal processor shall sell a vehicle or essential part, as such,
except for engines, transmissions, and powertrains, unless licensed to do so
under another provision of this Code. A scrap processor who is additionally
licensed as an automotive parts recycler shall not be subject to the record
keeping requirements for a scrap processor
when acting as an automotive parts
recycler.
(1) For a vehicle, junk vehicle, or vehicle cowl |
| acquired from a person who is licensed under this Chapter, the scrap processor shall record the name and address of the person, and the Illinois or out-of-state dealer license number of such person on the scrap processor's weight ticket at the time of the acquisition. The person disposing of the vehicle, junk vehicle, or vehicle cowl shall furnish the scrap processor with documentary proof of ownership of the vehicle, junk vehicle, or vehicle cowl in one of the following forms: a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Junking Manifest, a Uniform Invoice, a Certificate of Purchase, or other similar documentary proof of ownership. The scrap processor shall not acquire a vehicle, junk vehicle or vehicle cowl without obtaining one of the aforementioned documentary proofs of ownership.
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(2) For a vehicle, junk vehicle or vehicle cowl
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| acquired from a person who is not licensed under this Chapter, the scrap processor shall verify and record that person's identity by recording the identification of such person from at least 2 sources of identification, one of which shall be a driver's license or State Identification Card, on the scrap processor's weight ticket at the time of the acquisition. The person disposing of the vehicle, junk vehicle, or vehicle cowl shall furnish the scrap processor with documentary proof of ownership of the vehicle, junk vehicle, or vehicle cowl in one of the following forms: a Certificate of Title, a Salvage Certificate, a Junking Certificate, a Secretary of State Junking Manifest, a Certificate of Purchase, or other similar documentary proof of ownership. The scrap processor shall not acquire a vehicle, junk vehicle or vehicle cowl without obtaining one of the aforementioned documentary proofs of ownership.
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(3) In addition to the other information required on
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| the scrap processor's weight ticket, a scrap processor who at the time of acquisition of a vehicle, junk vehicle, or vehicle cowl is furnished a Certificate of Title, Salvage Certificate or Certificate of Purchase shall record the Vehicle Identification Number on the weight ticket or affix a copy of the Certificate of Title, Salvage Certificate or Certificate of Purchase to the weight ticket and the identification of the person acquiring the information on the behalf of the scrap processor.
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(4) The scrap processor shall maintain a copy of a
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| Junk Vehicle Notification relating to any Certificate of Title, Salvage Certificate, Certificate of Purchase or similarly acceptable out-of-state document surrendered to the Secretary of State pursuant to the provisions of Section 3-117.2 of this Code.
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(5) For recyclable metals valued at $100 or more, the
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| scrap processor shall, for each transaction, record the identity of the person from whom the recyclable metals were acquired by verifying the identification of that person from one source of identification, which shall be a valid driver's license or State Identification Card, on the scrap processor's weight ticket at the time of the acquisition and by making and recording a color photocopy or electronic scan of the driver's license or State Identification Card. Such information shall be available for inspection by any law enforcement official. If the person delivering the recyclable metal does not have a valid driver's license or State Identification Card, the scrap processor shall not complete the transaction. The inspection of records pertaining only to recyclable metals shall not be counted as an inspection of a premises for purposes of subparagraph (7) of Section 5-403 of this Code.
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This subdivision (a)(5) does not apply to electrical
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| contractors, to agencies or instrumentalities of the State of Illinois or of the United States, to common carriers, to purchases from persons, firms, or corporations regularly engaged in the business of manufacturing recyclable metal, in the business of selling recyclable metal at retail or wholesale, or in the business of razing, demolishing, destroying, or removing buildings, to the purchase by one recyclable metal dealer from another, or the purchase from persons, firms, or corporations engaged in either the generation, transmission, or distribution of electric energy or in telephone, telegraph, and other communications if such common carriers, persons, firms, or corporations at the time of the purchase provide the recyclable metal dealer with a bill of sale or other written evidence of title to the recyclable metal. This subdivision (a)(5) also does not apply to contractual arrangements between dealers.
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(b) Any licensee who knowingly fails to record any of the specific
information required to be recorded on the weight ticket required under any other subsection of this Section, or Section 5-401 of this Code, or who knowingly
fails to acquire and maintain for 3 years documentary proof of ownership in
one of the prescribed forms shall be guilty of a Class A misdemeanor and
subject to a fine not to exceed $1,000. Each violation shall constitute a
separate and distinct offense and a separate count may be brought in the
same complaint for each violation. Any licensee who commits a second
violation of this Section within two years of a previous conviction of a
violation of this Section shall be guilty of a Class 4 felony.
(c) It shall be an affirmative defense to an offense brought under
paragraph (b) of this Section that the licensee or person required to be
licensed both reasonably and in good faith relied on information appearing
on a Certificate of Title, a Salvage Certificate, a Junking Certificate, a
Secretary of State Manifest, a Secretary of State's Uniform Invoice, a
Certificate of Purchase, or other documentary proof of ownership prepared
under Section 3-117.1(a) of this Code, relating to the transaction for
which the required record was not kept which was supplied to the licensee
by another licensee or an out-of-state dealer.
(d) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the scrap
processor shall notify the Secretary of that fact. Failure to so notify
the Secretary of State shall constitute a failure to keep
records under this Section.
(e) Evidence derived directly or indirectly from the keeping of records
required to be kept under this Section shall not be admissible in a
prosecution of the licensee for an alleged violation of Section 4-102(a)(3) of this Code.
(Source: P.A. 100-956, eff. 1-1-19 .)
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(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
Sec. 5-402.1. Use of Secretary of State Uniform Invoice for Essential
Parts. (a) Except for scrap processors, every person licensed or required
to be licensed under Section 5-101, 5-101.1, 5-102, 5-102.8, or 5-301 of this Code
shall
issue, in a form the Secretary of State may by rule or regulation
prescribe, a Uniform Invoice, which may also act as a bill of sale, with respect to each transaction in which he disposes of
an essential part other than quarter panels and transmissions of vehicles
of the first division. Such Invoice shall be made out at the time of the
disposition of the essential part. If the licensee disposes of several
essential parts in the same transaction, the licensee may issue one Uniform
Invoice covering all essential parts disposed of in that transaction.
(b) The following information shall be contained on the Uniform Invoice:
(1) the business name, address, and dealer license |
| number of the person disposing of the essential part;
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(2) the name and address of the person acquiring the
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| essential part, and if that person is a dealer, the Illinois or out-of-state dealer license number of that dealer;
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(3) the date of the disposition of the essential part;
(4) the year, make, model, color, and description of
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| each essential part disposed of by the person;
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(5) the manufacturer's vehicle identification number,
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| Secretary of State identification number, or Illinois State Police identification number for each essential part disposed of by the person;
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(6) the printed name and legible signature of the
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| person or agent disposing of the essential part; and
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(7) if the person is a dealer the printed name and
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| legible signature of the dealer or his agent or employee accepting delivery of the essential part.
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(c) Except for scrap processors, and except as set forth in subsection
(d) of this Section, whenever a person licensed or
required to be licensed by Section
5-101, 5-101.1, 5-102, or 5-301 accepts delivery of an essential
part, other than quarter panels and transmissions of vehicles of the
first division, that person shall, at the time of the acceptance or
delivery, comply
with the following procedures:
(1) Before acquiring or accepting delivery of any
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| essential part, the licensee or his authorized agent or employee shall inspect the part to determine whether the vehicle identification number, Secretary of State identification number, Illinois State Police identification number, or identification plate or sticker attached to or stamped on any part being acquired or delivered has been removed, falsified, altered, defaced, destroyed, or tampered with. If the licensee or his agent or employee determines that the vehicle identification number, Secretary of State identification number, Illinois State Police identification number, identification plate or identification sticker containing an identification number, or Federal Certificate label of an essential part has been removed, falsified, altered, defaced, destroyed, or tampered with, the licensee or agent shall not accept or receive that part.
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If that part was physically acquired by or delivered
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| to a licensee or his agent or employee while that licensee, agent, or employee was outside this State, that licensee or agent or employee shall not bring that essential part into this State or cause it to be brought into this State.
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(2) If the person disposing of or delivering the
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| essential part to the licensee is a licensed in-state or out-of-state dealer, the licensee or his agent or employee, after inspecting the essential part as required by paragraph (1) of this subsection (c), shall examine the Uniform Invoice, or bill of sale, as the case may be, to ensure that it contains all the information required to be provided by persons disposing of essential parts as set forth in subsection (b) of this Section. If the Uniform Invoice or bill of sale does not contain all the information required to be listed by subsection (b) of this Section, the dealer disposing of or delivering such part or his agent or employee shall record such additional information or other needed modifications on the Uniform Invoice or bill of sale or, if needed, an attachment thereto. The dealer or his agent or employee delivering the essential part shall initial all additions or modifications to the Uniform Invoice or bill of sale and legibly print his name at the bottom of each document containing his initials. If the transaction involves a bill of sale rather than a Uniform Invoice, the licensee or his agent or employee accepting delivery of or acquiring the essential part shall affix his printed name and legible signature on the space on the bill of sale provided for his signature or, if no space is provided, on the back of the bill of sale. If the dealer or his agent or employee disposing of or delivering the essential part cannot or does not provide all the information required by subsection (b) of this Section, the licensee or his agent or employee shall not accept or receive any essential part for which that required information is not provided. If such essential part for which the information required is not fully provided was physically acquired while the licensee or his agent or employee was outside this State, the licensee or his agent or employee shall not bring that essential part into this State or cause it to be brought into this State.
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(3) If the person disposing of the essential part is
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| not a licensed dealer, the licensee or his agent or employee shall, after inspecting the essential part as required by paragraph (1) of subsection (c) of this Section verify the identity of the person disposing of the essential part by examining 2 sources of identification, one of which shall be either a driver's license or state identification card. The licensee or his agent or employee shall then prepare a Uniform Invoice listing all the information required to be provided by subsection (b) of this Section. In the space on the Uniform Invoice provided for the dealer license number of the person disposing of the part, the licensee or his agent or employee shall list the numbers taken from the documents of identification provided by the person disposing of the part. The person disposing of the part shall affix his printed name and legible signature on the space on the Uniform Invoice provided for the person disposing of the essential part and the licensee or his agent or employee acquiring the part shall affix his printed name and legible signature on the space provided on the Uniform Invoice for the person acquiring the essential part. If the person disposing of the essential part cannot or does not provide all the information required to be provided by this paragraph, or does not present 2 satisfactory forms of identification, the licensee or his agent or employee shall not acquire that essential part.
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(d) If an essential part other than quarter panels and
transmissions of vehicles of the first division was delivered by a licensed commercial
delivery service delivering such part on behalf of a licensed dealer, the
person required to comply with subsection (c) of this Section may conduct
the inspection of that part required by paragraph (1) of subsection (c) and examination
of the Uniform Invoice or bill of sale required by paragraph (2) of subsection (c) of
this Section immediately after the acceptance of the part.
(1) If the inspection of the essential part pursuant
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| to paragraph (1) of subsection (c) reveals that the vehicle identification number, Secretary of State identification number, Illinois State Police identification number, identification plate or sticker containing an identification number, or Federal Certificate label of an essential part has been removed, falsified, altered, defaced, destroyed, or tampered with, the licensee or his agent shall immediately record such fact on the Uniform Invoice or bill of sale, assign the part an inventory or stock number, place such inventory or stock number on both the essential part and the Uniform Invoice or bill of sale, and record the date of the inspection of the part on the Uniform Invoice or bill of sale. The licensee shall, within 7 days of such inspection, return such part to the dealer from whom it was acquired.
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(2) If the examination of the Uniform Invoice or bill
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| of sale pursuant to paragraph (2) of subsection (c) reveals that any of the information required to be listed by subsection (b) of this Section is missing, the licensee or person required to be licensed shall immediately assign a stock or inventory number to such part, place such stock or inventory number on both the essential part and the Uniform Invoice or bill of sale, and record the date of examination on the Uniform Invoice or bill of sale. The licensee or person required to be licensed shall acquire the information missing from the Uniform Invoice or bill of sale within 7 days of the examination of such Uniform Invoice or bill of sale. Such information may be received by telephone conversation with the dealer from whom the part was acquired. If the dealer provides the missing information the licensee shall record such information on the Uniform Invoice or bill of sale along with the name of the person providing the information. If the dealer does not provide the required information within the aforementioned 7-day period, the licensee shall return the part to that dealer.
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(e) Except for scrap processors, all persons licensed or required to
be licensed who acquire or
dispose of essential parts other than quarter panels and transmissions of
vehicles of the first division shall retain a copy of the Uniform Invoice
required to be made by subsections (a), (b), and (c) of this Section for a
period of 3 years.
(f) Except for scrap processors, any person licensed or required to
be licensed under Section 5-101,
5-102, or 5-301 who knowingly fails to record on a Uniform Invoice any of the
information or entries required to be recorded by subsections (a), (b), and
(c) of this Section, or who knowingly places false entries or other misleading
information on such Uniform Invoice, or who knowingly fails to retain for 3 years a
copy of a Uniform Invoice reflecting transactions required to be recorded
by subsections (a), (b), and (c) of this Section, or who knowingly acquires or
disposes of essential parts without receiving, issuing, or executing a
Uniform Invoice reflecting that transaction as required by subsections (a),
(b), and (c) of this Section, or who brings or causes to be brought into
this State essential parts for which the information required to be
recorded on a Uniform Invoice is not recorded as prohibited by subsection
(c) of this Section, or who knowingly fails to comply with the provisions of
this
Section in any other manner shall be guilty of a Class 2 felony. Each
violation shall constitute a separate and distinct offense and a separate
count may be brought in the same indictment or information for each
essential part for which a record was not kept as required by this Section
or for which the person failed to comply with other provisions of this
Section.
(g) The records required to be kept by this Section
may be examined by a person or persons making a lawful
inspection of the licensee's premises pursuant to Section 5-403.
(h) The records required to be kept by this Section shall be retained by
the licensee at his principal place of business for a period of 3 years.
(i) The requirements 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.
(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
Sec. 5-501. Denial, suspension or revocation or cancellation of a license. (a) The license of a person issued under this Chapter may be denied,
revoked or suspended if the Secretary of State finds that the applicant,
or the officer, director, shareholder having a ten percent or
greater ownership interest in the corporation, owner, partner, trustee,
manager, employee or the licensee
has:
1. Violated this Act;
2. Made any material misrepresentation to the |
| Secretary of State in connection with an application for a license, junking certificate, salvage certificate, title or registration;
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3. Committed a fraudulent act in connection with
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| selling, bartering, exchanging, offering for sale or otherwise dealing in vehicles, chassis, essential parts, or vehicle shells;
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4. As a new vehicle dealer has no contract with a
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| manufacturer or enfranchised distributor to sell that new vehicle in this State;
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5. Not maintained an established place of business as
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6. Failed to file or produce for the Secretary of
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| State any application, report, document or other pertinent books, records, documents, letters, contracts, required to be filed or produced under this Code or any rule or regulation made by the Secretary of State pursuant to this Code;
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7. Previously had, within 3 years, such a license
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| denied, suspended, revoked, or cancelled under the provisions of subsection (c)(2) of this Section;
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8. Has committed in any calendar year 3 or more
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| violations, as determined in any civil or criminal proceeding, 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. "An Act in relation to the rate of interest
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| and other charges in connection with sales on credit and the lending of money", approved May 24, 1879, as amended;
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f. "An Act to promote the welfare of wage-earners
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| by regulating the assignment of wages, and prescribing a penalty for the violation thereof", approved July 1, 1935, as amended;
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g. Part 8 of Article XII of the Code of Civil
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h. the "Consumer Fraud Act";
9. Failed to pay any fees or taxes due under this
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| Act, or has failed to transmit any fees or taxes received by him for transmittal by him to the Secretary of State or the State of Illinois;
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10. Converted an abandoned vehicle;
11. Used a vehicle identification plate or number
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| assigned to a vehicle other than the one to which originally assigned;
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12. Violated the provisions of Chapter 5 of this Act,
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13. Violated the provisions of Chapter 4 of this Act,
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14. Violated the provisions of Chapter 3 of this Act,
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15. Violated Section 21-2 of the Criminal Code of
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| 1961 or the Criminal Code of 2012, Criminal Trespass to Vehicles;
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16. Made or concealed a material fact in connection
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| with his application for a license;
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17. Acted in the capacity of a person licensed or
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| acted as a licensee under this Chapter without having a license therefor;
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18. Failed to pay, within 90 days after a final
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| judgment, any fines assessed against the licensee pursuant to an action brought under Section 5-404;
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19. Failed to pay the Dealer Recovery Trust Fund fee
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| under Section 5-102.7 of this Code;
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20. Failed to pay, within 90 days after notice has
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| been given, any fine or fee owed as a result of an administrative citation issued by the Secretary under this Code;
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21. Violated Article 16 or 17 of the Criminal Code of
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22. Was convicted of a forcible felony under either
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| the Criminal Code of 1961 or Criminal Code of 2012 or convicted of a similar out-of-state offense.
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(b) In addition to other grounds specified in this Chapter, the
Secretary of State, on complaint of the Department of Revenue, shall
refuse the issuance or renewal of a license, or suspend or revoke such
license, for any of the following violations of the "Retailers'
Occupation Tax Act", the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act:
1. Failure to make a tax return;
2. The filing of a fraudulent return;
3. Failure to pay all or part of any tax or penalty
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| finally determined to be due;
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4. Failure to comply with the bonding requirements of
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| the "Retailers' Occupation Tax Act".
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(b-1) In addition to other grounds specified in this Chapter, the
Secretary of State, on complaint of the Motor Vehicle Review Board, shall
refuse the issuance or renewal of a license, or suspend or revoke that
license, if costs or fees assessed under Section 29 or Section 30 of the Motor Vehicle Franchise Act have remained unpaid for a period in excess of 90 days after the licensee received from the Motor Vehicle Board a second notice and demand for the costs or fees. The Motor Vehicle Review Board must send the licensee written notice and demand for payment of the fees or costs at least 2 times, and the second notice and demand must be sent by certified mail.
(c) Cancellation of a license.
1. The license of a person issued under this Chapter
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| may be cancelled by the Secretary of State prior to its expiration in any of the following situations:
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A. When a license is voluntarily surrendered, by
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B. If the business enterprise is a sole
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| proprietorship, which is not a franchised dealership, when the sole proprietor dies or is imprisoned for any period of time exceeding 30 days; or
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C. If the license was issued to the wrong person
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| or corporation, or contains an error on its face. If any person above whose license has been cancelled wishes to apply for another license, whether during the same license year or any other year, that person shall be treated as any other new applicant and the cancellation of the person's prior license shall not, in and of itself, be a bar to the issuance of a new license.
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2. The license of a person issued under this Chapter
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| may be cancelled without a hearing when the Secretary of State is notified that the applicant, or any officer, director, shareholder having a 10 per cent or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or member of the applicant or the licensee has been convicted of any felony involving the selling, bartering, exchanging, offering for sale, or otherwise dealing in vehicles, chassis, essential parts, vehicle shells, or ownership documents relating to any of the above items.
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(Source: P.A. 101-505, eff. 1-1-20 .)
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(625 ILCS 5/5-901) Sec. 5-901. Regulation of manufactured home dealers. (a) As used in this Article: "Established place of business" means the place owned or leased and occupied by any person duly licensed or required to be licensed as a manufactured home dealer for the purpose of engaging in selling, buying, bartering, displaying, exchanging, or dealing in, on consignment or otherwise, manufactured homes and for such other ancillary purposes as may be permitted by the Secretary by rule. "Manufactured home" means a factory-assembled structure built on a permanent chassis, transportable in one or more sections in the travel mode, incapable of self-propulsion, bears a label indicating the manufacturer's compliance with the United States Department of Housing and Urban Development standards, as applicable, and is designed for year-round occupancy as a single-family residence when connected to approved water, sewer, and electrical utilities. "Manufactured home dealer" means: (1) an individual or entity that engages in the business of acquiring or disposing of new or used manufactured homes; (2) an individual or entity who advertises or otherwise holds the individual or the entity out as being engaged in the business of acquiring or selling new or used manufactured homes; or (3) an individual or entity who buys or sells more than 2 new or used manufactured homes within a 12-month period. (b) No person shall engage in this State in the business of selling or dealing in, on consignment or otherwise, manufactured homes of any make, or act as an intermediary, agent, or broker for any manufactured home purchaser, other than as a salesperson, or to represent or advertise that he or she is so engaged, or intends to so engage, in the business, unless licensed to do so by the Secretary of State under this Section. (c) An application for a manufactured home dealer's license shall be filed with the Secretary of State Vehicle Services Department and duly verified by oath, on such form as the Secretary of State may prescribe, and shall contain all of the following: (1) The name and type of business organization of the |
| applicant, and his or her established place of business in this State.
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(2) If the applicant is a corporation, a list of its
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| officers, directors, and shareholders having a 10% or greater ownership interest in the corporation. If the applicant is a sole proprietorship, a partnership, a limited liability company, an unincorporated association, a trust, or any similar form of business organization, the name and residence address of the proprietor, or the name and residence address of each partner, member, officer, director, trustee, or manager.
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(3) A statement that the applicant has been approved
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| for registration under the Retailers' Occupation Tax Act by the Department of Revenue, except that this requirement does not apply to a manufactured home dealer who is already licensed with the Secretary of State, and who is only applying for a renewal of his or her license. As evidence of this fact, the application shall be accompanied by a certification from the Department of Revenue showing that the Department has approved the applicant for registration under the Retailers' Occupation Tax Act.
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(4) An application for a manufactured home dealer's
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| license shall be accompanied by a $1,000 license fee for the applicant's established place of business. If the application is made after June 15 of any year, the license fee shall be $500 for the applicant's established place of business. License fees shall be returnable only if the application is denied by the Secretary of State.
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Of the money received by the Secretary of State as
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| license fees under this paragraph (4), 95% shall be deposited into the General Revenue Fund and 5% into the Motor Vehicle License Plate Fund.
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(5) A statement that no officer, director,
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| shareholder having a 10% or greater ownership interest, proprietor, partner, member, officer, director, trustee, manager, or other principal in the business of the applicant has committed in the past 3 years any violation, as determined in any civil, criminal, or administrative hearing proceeding, of any one of the following Acts:
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(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
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| Certificates of Title Laws of this Code;
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(D) the Dealers, Transporters, Wreckers, and
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| Rebuilders Laws of this Code;
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(E) Section 21-2 of the Criminal Code of 2012,
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| criminal trespass to vehicles;
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(F) the Retailers' Occupation Tax Act;
(G) the Consumer Installment Loan Act;
(H) the Retail Installment Sales Act;
(I) the Interest Act;
(J) the Illinois Wage Assignment Act;
(K) Part 8 of Article XII of the Code of Civil
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(L) the Consumer Fraud and Deceptive Business
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(6) A bond or certificate of deposit in the amount of
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| $150,000 for each license holder applicant intending to act as a manufactured home dealer under this Section. The bond shall be for the term of the license for which application is made and shall expire not sooner than December 31st of the year for which the license was issued. The bond shall run to the People of the State of Illinois and to customers asserting financial claims against the dealer, with surety by a bonding or insurance company authorized to do business in this State. It shall be conditioned upon the proper transmittal of all title and registration fees and taxes (excluding taxes under the Retailers' Occupation Tax Act) accepted by the applicant as a manufactured home dealer, and the execution of all of the dealer's obligations to the customer, including financial duties related to the acceptance and disbursement of any funds paid to the dealer by the customer, and conveyance of possession or ownership documents of a manufactured home.
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(7) Dealers in business for over 10 years may
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| substitute a certificate of insurance in lieu of the bond or certificate of deposit upon renewing their license.
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(8) Any other information concerning the business of
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| the applicant as the Secretary of State may by rule prescribe.
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(d) Any change that renders no longer accurate any information contained in any application for a license under this Section shall be amended within 30 days after the occurrence of the change on a form the Secretary of State may prescribe, by rule, accompanied by an amendatory fee of $25.
(e) The Secretary of State shall, within a reasonable time after receipt, examine an application submitted under this Section, and unless the Secretary makes a determination that the application submitted does not conform with the requirements of this Section or that grounds exist for a denial of the application under subsection (f), grant the applicant an initial manufactured home dealer's license in writing for the established place of business of the applicant in a form the Secretary may prescribe by rule, which shall include the following:
(1) the name of the person or entity licensed;
(2) if a corporation, the name and address of its
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| officers; if a sole proprietorship, a partnership, an unincorporated association, or any similar form of business organization, the name and address of the proprietor, or the name and address of each partner, member, officer, director, trustee or manager; or if a limited liability company, the name and address of the general partner or partners, or managing member or members; and
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(3) the established place of business of the licensee.
(f) A license issued under this Section may be denied, revoked, or suspended if the Secretary of State finds that the applicant, or the officer, director, shareholder having a 10% or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or the licensee has:
(1) violated this Section;
(2) made any material misrepresentation to the
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| Secretary of State in connection with an application for a license, title, or registration;
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(3) committed a fraudulent act in connection with
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| selling, bartering, exchanging, offering for sale, or otherwise dealing in manufactured homes;
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(4) not maintained an established place of business
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| as defined in this Section;
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(5) failed to file or produce to the Secretary of
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| State any application, report, document, or other pertinent books, records, documents, letters, contracts required to be filed or produced under this Section or any rule adopted by the Secretary of State pursuant to this Section;
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(6) failed to pay any fees or taxes due under this
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| Code, or has failed to transmit any fees or taxes received by him or her for transmittal by him or her to the Secretary of State or the State of Illinois;
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(7) failed to transfer title to a manufactured home
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| when legally required to do so; or
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(8) violated any of the following:
(A) the Anti-Theft Laws of this Code;
(B) the Certificate of Title Laws of this Code;
(C) the Offenses against Registration and
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| Certificates of Title Laws of this Code;
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(D) the Dealers, Transporters, Wreckers, and
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| Rebuilders Laws of this Code;
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(E) Section 21-2 of the Criminal Code of 2012,
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| criminal trespass to vehicles;
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(F) the Retailers' Occupation Tax Act;
(G) the Consumer Installment Loan Act;
(H) the Retail Installment Sales Act;
(I) the Interest Act;
(J) the Illinois Wage Assignment Act;
(K) Part 8 of Article XII of the Code of Civil
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(L) the Consumer Fraud and Deceptive Business
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(g) In addition to other grounds specified in this Section, the Secretary of State, on complaint of the Department of Revenue, shall refuse the issuance or renewal of a license, or suspend or revoke such a license, for any of the following violations of the Retailers' Occupation Tax Act, the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act:
(1) failure to make a tax return;
(2) the filing of a fraudulent return;
(3) failure to pay all or part of any tax or penalty
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| finally determined to be due;
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(4) failure to comply with the bonding requirements
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| of the Retailers' Occupation Tax Act.
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(h) A license issued under this Section may be canceled by the Secretary of State prior to its expiration in any of the following situations:
(1) if a license is voluntarily surrendered by the
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(2) if the business enterprise is a sole
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| proprietorship and the sole proprietor dies or is imprisoned for any period exceeding 30 days; or
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(3) if the license was issued to the wrong person or
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| corporation or contains an error on its face.
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If any person whose license has been canceled wishes to apply for another license, whether during the same license year or any other year, that person shall be treated as a new applicant and the cancellation of the person's prior license shall not, in and of itself, be a bar to the issuance of a new license.
(i) A license issued under this Section may be canceled without a hearing if the Secretary of State is notified that the applicant, or any officer, director, shareholder having a 10% or greater ownership interest, owner, partner, trustee, manager, employee, or member of the applicant or the licensee has been convicted of any forcible felony or any felony involving the selling, bartering, exchanging, offering for sale, or otherwise dealing in ownership documents relating to any of the above actions.
(j) The appropriate instrument evidencing the license or a certified copy of the instrument, provided by the Secretary of State, shall be kept posted conspicuously in the established place of business of the licensee.
(k) All records related to the purchase, sale, or acceptance for sale on consignment of any manufactured home shall be maintained at the licensee's established place of business. These records shall be retained for a period of not less than 7 years, and shall be made available for inspection upon the request of a Secretary of State auditor or an investigator with the Secretary of State Department of Police.
(l) Except as provided in subsection (i), all licenses granted under this Section shall expire by operation of law on December 31st of the calendar year for which the licenses were granted, unless sooner revoked or canceled under subsection (f).
(m) Each person licensed as a manufactured home dealer is required to furnish each purchaser of a manufactured home:
(1) in the case of a new manufactured home, a
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| manufacturer's statement of origin, and in the case of a previously owned manufactured home, a certificate of title, in either case properly assigned to the purchaser;
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(2) a statement verified under oath that all
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| identifying numbers on the vehicle match the identifying numbers on the certificate of title or manufacturer's statement of origin;
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(3) a bill of sale properly executed on behalf of the
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(4) for a new manufactured home, a warranty, and in
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| the case of a manufactured home for which the warranty has been reinstated, a copy of the warranty; if no warranty is provided, a disclosure or statement that the manufactured home is being sold "AS IS".
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(n) This Section does not apply to a seller who privately owns his or her manufactured home as his or her main residence and is selling the manufactured home to another individual or to a licensee so long as that individual does not sell more than 2 manufactured homes in one 12-month period.
(o) This Section does not apply to any person licensed under the Real Estate License Act of 2000.
(p) The Secretary of State may adopt any rules necessary to implement this Section.
(q) Any individual or entity licensed as a manufactured home dealer or a community-based manufactured home dealer on the effective date of this Section shall be entitled to act as a manufactured home dealer under this Section for the duration of any license in effect on the effective date of this amendatory Act of the 102nd General Assembly, and shall be eligible to be issued a manufactured home dealer's license under this Section upon the expiration of any such license.
(Source: P.A. 102-941, eff. 7-1-22.)
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(625 ILCS 5/6-102) (from Ch. 95 1/2, par. 6-102)
Sec. 6-102. What persons are exempt. The following persons are exempt
from the requirements of Section 6-101 and are not required to have an
Illinois drivers license or permit if one or more of the following
qualifying exemptions are met and apply:
1. Any employee of the United States Government or |
| any member of the Armed Forces of the United States, while operating a motor vehicle owned by or leased to the United States Government and being operated on official business need not be licensed;
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2. A nonresident who has in his immediate possession
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| a valid license issued to him in his home state or country may operate a motor vehicle for which he is licensed for the period during which he is in this State;
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3. A nonresident and his spouse and children living
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| with him who is a student at a college or university in Illinois who have a valid license issued by their home State.
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4. A person operating a road machine temporarily upon
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| a highway or operating a farm tractor between the home farm buildings and any adjacent or nearby farm land for the exclusive purpose of conducting farm operations need not be licensed as a driver.
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5. A resident of this State who has been serving as a
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| member or as a civilian employee of the Armed Forces of the United States, or as a civilian employee of the United States Department of Defense, outside the Continental limits of the United States, for a period of 120 days following his return to the continental limits of the United States.
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6. A nonresident on active duty in the Armed Forces
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| of the United States who has a valid license issued by his home state and such nonresident's spouse, and dependent children and living with parents, who have a valid license issued by their home state.
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7. A nonresident who becomes a resident of this
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| State, may for a period of the first 90 days of residence in Illinois operate any motor vehicle which he was qualified or licensed to drive by his home state or country so long as he has in his possession, a valid and current license issued to him by his home state or country. Upon expiration of such 90 day period, such new resident must comply with the provisions of this Act and apply for an Illinois license or permit.
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8. An engineer, conductor, brakeman, or any other
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| member of the crew of a locomotive or train being operated upon rails, including operation on a railroad crossing over a public street, road or highway. Such person is not required to display a driver's license to any law enforcement officer in connection with the operation of a locomotive or train within this State.
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The provisions of this Section granting exemption to any nonresident
shall be operative to the same extent that the laws of the State or country
of such nonresident grant like exemption to residents of this State.
The Secretary of State may implement the exemption provisions of this
Section by inclusion thereof in a reciprocity agreement, arrangement or
declaration issued pursuant to this Act.
(Source: P.A. 99-118, eff. 1-1-16 .)
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(625 ILCS 5/6-103) (from Ch. 95 1/2, par. 6-103)
Sec. 6-103. What persons shall not be licensed as drivers or granted
permits. The Secretary of State shall not issue, renew, or
allow the retention of any driver's
license nor issue any permit under this Code:
1. To any person, as a driver, who is under the age |
| of 18 years except as provided in Section 6-107, and except that an instruction permit may be issued under Section 6-107.1 to a child who is not less than 15 years of age if the child is enrolled in an approved driver education course as defined in Section 1-103 of this Code and requires an instruction permit to participate therein, except that an instruction permit may be issued under the provisions of Section 6-107.1 to a child who is 17 years and 3 months of age without the child having enrolled in an approved driver education course and except that an instruction permit may be issued to a child who is at least 15 years and 3 months of age, is enrolled in school, meets the educational requirements of the Driver Education Act, and has passed examinations the Secretary of State in his or her discretion may prescribe;
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1.5. To any person at least 18 years of age but less
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| than 21 years of age unless the person has, in addition to any other requirements of this Code, successfully completed an adult driver education course as provided in Section 6-107.5 of this Code;
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2. To any person who is under the age of 18 as an
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| operator of a motorcycle other than a motor driven cycle unless the person has, in addition to meeting the provisions of Section 6-107 of this Code, successfully completed a motorcycle training course approved by the Illinois Department of Transportation;
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3. To any person, as a driver, whose driver's license
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| or permit has been suspended, during the suspension, nor to any person whose driver's license or permit has been revoked, except as provided in Sections 6-205, 6-206, and 6-208;
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4. To any person, as a driver, who is a user of
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| alcohol or any other drug to a degree that renders the person incapable of safely driving a motor vehicle;
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5. To any person, as a driver, who has previously
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| been adjudged to be afflicted with or suffering from any mental or physical disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
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6. To any person, as a driver, who is required by the
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| Secretary of State to submit an alcohol and drug evaluation or take an examination provided for in this Code unless the person has successfully passed the examination and submitted any required evaluation;
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7. To any person who is required under the provisions
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| of the laws of this State to deposit security or proof of financial responsibility and who has not deposited the security or proof;
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8. To any person when the Secretary of State has good
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| cause to believe that the person by reason of physical or mental disability would not be able to safely operate a motor vehicle upon the highways, unless the person shall furnish to the Secretary of State a verified written statement, acceptable to the Secretary of State, from a competent medical specialist, a licensed physician assistant, or a licensed advanced practice registered nurse, to the effect that the operation of a motor vehicle by the person would not be inimical to the public safety;
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9. To any person, as a driver, who is 69 years of age
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| or older, unless the person has successfully complied with the provisions of Section 6-109;
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10. To any person convicted, within 12 months of
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| application for a license, of any of the sexual offenses enumerated in paragraph 2 of subsection (b) of Section 6-205;
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11. To any person who is under the age of 21 years
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| with a classification prohibited in paragraph (b) of Section 6-104 and to any person who is under the age of 18 years with a classification prohibited in paragraph (c) of Section 6-104;
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12. To any person who has been either convicted of or
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| adjudicated under the Juvenile Court Act of 1987 based upon a violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act while that person was in actual physical control of a motor vehicle. For purposes of this Section, any person placed on probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act shall not be considered convicted. Any person found guilty of this offense, while in actual physical control of a motor vehicle, shall have an entry made in the court record by the judge that this offense did occur while the person was in actual physical control of a motor vehicle and order the clerk of the court to report the violation to the Secretary of State as such. The Secretary of State shall not issue a new license or permit for a period of one year;
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13. To any person who is under the age of 18 years
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| and who has committed the offense of operating a motor vehicle without a valid license or permit in violation of Section 6-101 or a similar out of state offense;
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14. To any person who is 90 days or more delinquent
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| in court ordered child support payments or has been adjudicated in arrears in an amount equal to 90 days' obligation or more and who has been found in contempt of court for failure to pay the support, subject to the requirements and procedures of Article VII of Chapter 7 of the Illinois Vehicle Code;
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14.5. To any person certified by the Illinois
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| Department of Healthcare and Family Services as being 90 days or more delinquent in payment of support under an order of support entered by a court or administrative body of this or any other State, subject to the requirements and procedures of Article VII of Chapter 7 of this Code regarding those certifications;
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15. To any person released from a term of
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| imprisonment for violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012, or a similar provision of a law of another state relating to reckless homicide or for violating subparagraph (F) of paragraph (1) of subsection (d) of Section 11-501 of this Code relating to aggravated driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, if the violation was the proximate cause of a death, within 24 months of release from a term of imprisonment;
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16. To any person who, with intent to influence any
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| act related to the issuance of any driver's license or permit, by an employee of the Secretary of State's Office, or the owner or employee of any commercial driver training school licensed by the Secretary of State, or any other individual authorized by the laws of this State to give driving instructions or administer all or part of a driver's license examination, promises or tenders to that person any property or personal advantage which that person is not authorized by law to accept. Any persons promising or tendering such property or personal advantage shall be disqualified from holding any class of driver's license or permit for 120 consecutive days. The Secretary of State shall establish by rule the procedures for implementing this period of disqualification and the procedures by which persons so disqualified may obtain administrative review of the decision to disqualify;
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17. To any person for whom the Secretary of State
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| cannot verify the accuracy of any information or documentation submitted in application for a driver's license;
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18. To any person who has been adjudicated under the
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| Juvenile Court Act of 1987 based upon an offense that is determined by the court to have been committed in furtherance of the criminal activities of an organized gang, as provided in Section 5-710 of that Act, and that involved the operation or use of a motor vehicle or the use of a driver's license or permit. The person shall be denied a license or permit for the period determined by the court; or
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19. To any person who holds a REAL ID compliant
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| identification card or REAL ID compliant Person with a Disability Identification Card issued under the Illinois Identification Card Act. Any such person may, at his or her discretion, surrender the REAL ID compliant identification card or REAL ID compliant Person with a Disability Identification Card in order to become eligible to obtain a REAL ID compliant driver's license.
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The Secretary of State shall retain all conviction
information, if the information is required to be held confidential under
the Juvenile Court Act of 1987.
(Source: P.A. 103-162, eff. 1-1-24 .)
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