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91st General Assembly
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Public Act 91-0415

HB0555 Enrolled                                LRB9101217KSsb

    AN ACT concerning motor vehicles.

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

    Section  5.   The  Illinois  Vehicle  Code  is amended by
changing Sections 5-100, 5-401.2, 5-402, 5-402.1, and 5-403.1
and adding Section 5-101.1 as follows:

    (625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
    Sec.  5-100.  Definitions.   For  the  purposes  of  this
Chapter, the following words shall have the meanings ascribed
to them as follows:
    "Additional place of business" means  a  place  owned  or
leased  and  occupied  by  the  dealer  in  addition  to  its
established  place  of business, at which the dealer conducts
or intends to conduct business on a permanent  or  long  term
basis.   The  term does not include an area where an off site
sale or exhibition is  conducted.   The  Secretary  of  State
shall adopt guidelines for the administration and enforcement
of this definition by rule.
    "Display   exhibition"   means  a  temporary  display  of
vehicles by a dealer licensed under Section 5-101  or  5-102,
at a location at which no vehicles are offered for sale, that
is  conducted  at a place other than the dealer's established
and additional places of business.
    "Established place of business" means the place owned  or
leased  and  occupied by any person duly licensed or required
to be licensed as a dealer for the  purpose  of  engaging  in
selling, buying, bartering, displaying, exchanging or dealing
in, on consignment or otherwise, vehicles and their essential
parts  and  for  such  other  ancillary  purposes  as  may be
permitted by the Secretary by  rule.   It  shall  include  an
office  in  which  the dealer's records shall be separate and
distinct from any other business or tenant which  may  occupy
space  in  the  same  building  except as provided in Section
5-101.1.  This  office  shall  not  be  located  in  a  house
trailer, residence, tent, temporary stand, temporary address,
room  or  rooms in a hotel or rooming house, nor the premises
occupied  by  a  single  or  multiple  unit  residence.   The
established place of business of a scrap processor  shall  be
the  fixed  location  where the scrap processor maintains its
principal place of business.  The Secretary of  State  shall,
by   rule   and   regulation,   adopt   guidelines   for  the
administration and enforcement of this definition,  such  as,
but  not  limited  to issues concerning the required hours of
operation,  describing  where  vehicles  are  displayed   and
offered  for sale, where books and records are maintained and
requirements for the fulfillment of warranties.  A dealer may
have an additional place of business as  defined  under  this
Section.
    "Motor  vehicle  financing  affiliate"  means  a business
organization registered to  do  business  in  Illinois  that,
pursuant  to  a written contract with either (1) a single new
or used motor vehicle dealer or (2) a single group of new  or
used  motor  vehicle  dealers  that  share a common ownership
within the group, purchases new or  used  motor  vehicles  on
behalf  of  the  dealer  or  group of dealers and then sells,
transfers, or assigns those motor vehicles to the  dealer  or
group of dealers.  The motor vehicle financing affiliate must
be  incorporated  or organized solely to purchase new or used
vehicles on behalf of the new or used motor vehicle dealer or
group of dealers with which it has contracted, shall not sell
motor vehicles at retail, shall perform only  those  business
functions  related  to  the  purchasing of motor vehicles and
selling, transferring, or assigning those motor  vehicles  to
the  dealer or group of dealers.  The motor vehicle financing
affiliate must be licensed under the  provisions  of  Section
5-101.1  and  must  not  be  licensed  as a new or used motor
vehicle dealer.
    "Off site sale" means the temporary display and  sale  of
vehicles,  for  a  period  of  not  more than 7 calendar days
(excluding Sundays), by a dealer licensed under Section 5-101
or 5-102 at a place other than the dealer's  established  and
additional places of business.
    "Relevant market area", for a new vehicle dealer licensed
under  Section  5-101  and for a used vehicle dealer licensed
under Section 5-102, means the area within 10  miles  of  the
established  or  additional  place  of business of the dealer
located in a county with a population of 300,000 or more,  or
within  15  miles  if  the  established  place of business is
located in a county with a population of less than 300,000.
    "Trade show exhibition"  means  a  temporary  display  of
vehicles,  by  dealers licensed under Section 5-101 or 5-102,
or any other person as defined in subsection (c)  of  Section
5-102.1,  at  a location at which no vehicles are offered for
sale that is conducted at a place  other  than  the  dealer's
established  and additional places of business.  In order for
a  display  exhibition  to  be  considered   a   trade   show
exhibition, it must be participated in by at least 3 dealers,
2 of which must be licensed under Section 5-101 or 5-102; and
a  trade  show  exhibition  of  new  vehicles  shall  only be
participated in by licensed new vehicle dealers at least 2 of
which must be licensed under Section 5-101.
(Source: P.A. 89-235, eff. 8-4-95; 90-89, eff. 1-1-98.)

    (625 ILCS 5/5-101.1 new)
    Sec.  5-101.1.  Motor   vehicle   financing   affiliates;
licensing.
    (a)  In  this  State  no  business  shall  engage  in the
business of a motor vehicle  financing  affiliate  without  a
license to do so in writing from the Secretary of State.
    (b)  An   application   for  a  motor  vehicle  financing
affiliate's license must  be  filed  with  the  Secretary  of
State,  duly  verified  by  oath, on a form prescribed by the
Secretary of State and shall contain all of the following:
         (1)  The name and type of business  organization  of
    the  applicant  and  the applicant's established place of
    business and any additional places of  business  in  this
    State.
         (2)  The  name  and  address  of the licensed new or
    used vehicle  dealer  to  which  the  applicant  will  be
    selling,  transferring,  or  assigning  new or used motor
    vehicles pursuant to a written contract.   If  more  than
    one  dealer  is  on  the application, the applicant shall
    state in writing the basis of common ownership among  the
    dealers.
         (3)  A list of the business organization's officers,
    directors,  members,  and  shareholders  having  a 10% or
    greater ownership interest in the business, providing the
    residential address for each person listed.
         (4)  If  selling,  transferring,  or  assigning  new
    motor vehicles, the make or makes of new vehicles that it
    will  sell,  assign,  or  otherwise   transfer   to   the
    contracting  new  motor  vehicle  dealer  listed  on  the
    application pursuant to paragraph (2).
         (5)  The  name  of  each  manufacturer or franchised
    distributor, if  any,  of  new  vehicles  with  whom  the
    applicant has contracted for the sale of new vehicles and
    a  signed  statement from each manufacturer or franchised
    distributor acknowledging the contract.
         (6)  A  statement  that  the  applicant   has   been
    approved for registration under the Retailers' Occupation
    Tax  Act  by the Department of Revenue.  This requirement
    does not apply to a  motor  vehicle  financing  affiliate
    that  is already licensed with the Secretary of State and
    is applying for a renewal of its license.
         (7)  A statement that  the  applicant  has  complied
    with  the appropriate liability insurance requirement and
    a Certificate of Insurance that shall not  expire  before
    December  31 of the year for which the license was issued
    or renewed with a minimum liability coverage of  $100,000
    for  the  bodily  injury or death of any person, $300,000
    for the bodily injury or death of 2 or  more  persons  in
    any  one  accident,  and  $50,000 for damage to property.
    The  expiration  of  the  insurance  policy   shall   not
    terminate  the  liability under the policy arising during
    the period for which the policy was filed.   Trailer  and
    mobile  home  dealers are exempt from the requirements of
    this paragraph.  A motor vehicle financing  affiliate  is
    exempt  from  the requirements of this paragraph if it is
    covered by the insurance policy of the new or used dealer
    listed on the application pursuant to paragraph (2).
         (8)  A license fee of  $1,000  for  the  applicant's
    established   place   of   business  and  $250  for  each
    additional place  of  business,  if  any,  to  which  the
    application pertains. However, if the application is made
    after  June 15 of any year, the license fee shall be $500
    for the applicant's established  place  of  business  and
    $125  for  each  additional place of business, if any, to
    which the application pertains.  These license fees shall
    be returnable only in the event that the  application  is
    denied by the Secretary of State.
         (9)  A  statement  incorporating the requirements of
    paragraphs 8 and 9 of subsection (b) of Section 5-101.
         (10)  Any other information concerning the  business
    of the applicant as the Secretary of State may prescribe.
         (11)  A  statement  that  the  applicant understands
    Chapter 1 through Chapter 5 of this Code.
    (c)  Any change which  renders  no  longer  accurate  any
information  contained in any application for a motor vehicle
financing affiliate's license shall be amended within 30 days
after the occurrence of the change on a  form  prescribed  by
the  Secretary  of State, accompanied by an amendatory fee of
$2.
    (d)  If a  new  vehicle  dealer  is  not  listed  on  the
application, pursuant to paragraph (2) of subsection (b), the
motor vehicle financing affiliate shall not receive, possess,
or  transfer  any new vehicle.  If a new motor vehicle dealer
is listed on the application, pursuant to  paragraph  (2)  of
subsection (b), the new motor vehicle dealer can only receive
those new cars it is permitted to receive under its franchise
agreement.   If  both a new and used motor vehicle dealer are
listed on the  application,  pursuant  to  paragraph  (2)  of
subsection (b), only the new motor vehicle dealer may receive
new motor vehicles.  If a used motor vehicle is listed on the
application,  pursuant  to  paragraph  (2) of subsection (b),
the used motor vehicle dealer shall not receive any new motor
vehicles.
    (e)  The  applicant  and  dealer  provided  pursuant   to
paragraph   (2)   of   subsection   (b)   must   be  business
organizations registered to  conduct  business  in  Illinois.
Three-fourths  of  the  dealer's  board  of directors must be
members of the motor vehicle financing affiliate's  board  of
directors, if applicable.
    (f)  Unless  otherwise  provided  in  this  Chapter 5, no
business organization registered to do business  in  Illinois
shall  be  licensed  as  a  motor vehicle financing affiliate
unless:
         (1)  The motor  vehicle  financing  affiliate  shall
    only  sell,  transfer,  or  assign  motor vehicles to the
    licensed new or used dealer  listed  on  the  application
    pursuant to paragraph (2) of subsection (b).
         (2)  The  motor  vehicle  financing affiliate sells,
    transfers, or assigns to the  new  motor  vehicle  dealer
    listed  on  the application, if any, only those new motor
    vehicles  the  motor  vehicle  financing  affiliate   has
    received under the contract set forth in paragraph (5) of
    subsection (b).
         (3)  Any  new  vehicle  dealer  listed  pursuant  to
    paragraph (2) of subsection (b) has a franchise agreement
    that  permits  the  dealer to receive motor vehicles from
    the motor vehicle franchise affiliate.
         (4)  The new or used motor vehicle dealer listed  on
    the  application  pursuant to paragraph (2) of subsection
    (b) has one established place of business or supplemental
    places of business as referenced in subsection (g).
    (g)  The Secretary of State shall,  within  a  reasonable
time after receipt, examine an application submitted pursuant
to  this  Section  and,  unless  it  is  determined  that the
application does not conform with the  requirements  of  this
Section or that grounds exist for a denial of the application
under  Section  5-501,  grant  the  applicant a motor vehicle
financing affiliate license in writing  for  the  applicant's
established  place  of business and a supplemental license in
writing for each additional  place  of  business  in  a  form
prescribed  by  the Secretary, which shall include all of the
following:
         (1)  The name of the business licensed;
         (2)  The  name  and   address   of   its   officers,
    directors, or members, as applicable;
         (3)  In   the  case  of  an  original  license,  the
    established place of business of the licensee; and
         (4)  If  applicable,  the  make  or  makes  of   new
    vehicles  which  the  licensee is licensed to sell to the
    new  motor  vehicle  dealer  listed  on  the  application
    pursuant to paragraph (2) of subsection (b).
    (h)  The appropriate instrument evidencing the license or
a certified copy, provided by the Secretary of  State,  shall
be  kept  posted  conspicuously  in  the established place of
business of the licensee.
    (i)  Except as provided  in  subsection  (h),  all  motor
vehicle  financing  affiliate's  licenses  granted under this
Section shall expired by operation of law on December  31  of
the  calendar year for which they are granted, unless revoked
or canceled at an earlier date pursuant to Section 5-501.
    (j)  A motor vehicle financing affiliate's license may be
renewed upon application and payment  of  the  required  fee.
However,  when  an application for renewal of a motor vehicle
financing affiliate's license is made  during  the  month  of
December,  the  effective license shall remain in force until
the application is granted or  denied  by  the  Secretary  of
State.
    (k)  The contract a motor vehicle financing affiliate has
with a manufacturer or franchised distributor, as provided in
paragraph  (5)  of  subsection  (b),  shall  only  permit the
applicant to sell, transfer, or assign new motor vehicles  to
the  new  motor  vehicle  dealer  listed  on  the application
pursuant to paragraph (2) of subsection (b).    The  contract
shall  specifically  prohibit  the  motor  vehicle  financing
affiliate  from  selling  motor  vehicles  at  retail.   This
contract  shall not be considered the granting of a franchise
as defined in Section 2 of the Motor Vehicle Franchise Act.
    (l)  When purchasing of a motor vehicle by a new or  used
motor vehicle dealer, all persons licensed as a motor vehicle
financing  affiliate  are  required  to  furnish  all  of the
following:
         (1)  For a new vehicle, a  manufacturer's  statement
    of  origin  properly  assigned  to the purchasing dealer.
    For a used  vehicle,  a  certificate  of  title  properly
    assigned to the purchasing dealer.
         (2)  A   statement  verified  under  oath  that  all
    identifying numbers on the vehicle agree  with  those  on
    the  certificate  of title or manufacturer's statement of
    origin.
         (3)  A bill of sale properly executed on  behalf  of
    the purchasing dealer.
         (4)  A   copy  of  the  Uniform  Invoice-transaction
    report pursuant to Section 5-402.
         (5)  In the case of a rebuilt vehicle, a copy of the
    Disclosure of Rebuilt Vehicle Status pursuant to  Section
    5-104.3.
         (6)  In  the  case of a vehicle for which a warranty
    has been reinstated, a copy of the warranty.
    (m)  The motor vehicle financing affiliate shall use  the
established  and supplemental place or places of business the
new or used vehicle dealer listed on the application pursuant
to paragraph (2) of subsection (b)  as  its  established  and
supplemental place  or places of business.
    (n)  The motor vehicle financing affiliate shall keep all
books  and  records  required by this Code with the books and
records of the new or  used  vehicle  dealer  listed  on  the
application pursuant to paragraph (2) of subsection (b).  The
motor  vehicle  financing  affiliate  may  use  the books and
records of the new or used motor vehicle dealer listed on the
application pursuant to paragraph (2) of subsection (b).
    (o)  Under  no  circumstances  shall  a   motor   vehicle
financing  affiliate  sell, transfer, or assign a new vehicle
to any place of business  of  a  new  motor  vehicle  dealer,
unless  that place of business is licensed under this Chapter
to sell, assign, or otherwise transfer the make  of  the  new
motor vehicle transferred.
    (p)  All  moneys  received  by  the Secretary of State as
license fees under this Section shall be deposited  into  the
Motor  Vehicle  Review  Board  Fund  and  shall  be  used  to
administer  the  Motor  Vehicle  Review Board under the Motor
Vehicle Franchise Act.
    (q)  Except as otherwise  provided  in  this  Section,  a
motor  vehicle  financing  affiliate  shall  comply  with all
provisions of this Code.

    (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, 5-102, 5-301  or 5-302 of  this
Code, shall, with the exception of scrap processors, maintain
for  3 years, in a form as the Secretary of State may by rule
or  regulation  prescribe,  at  his  established   place   of
business, additional place of business, or principal place of
business  if  licensed  under  Section  5-302,  the following
records  relating  to  the  acquisition  or  disposition   of
vehicles  and  their essential parts possessed in this State,
brought into this State  from  another  state,  territory  or
country,  or  sold  or  transferred to another person in this
State or in another state, territory, or country.
    (1)  the following records  pertaining  to  new  or  used
vehicles shall be kept:
              (A)  the  year, make, model, style and color of
         the vehicle;
              (B)  the        vehicle's        manufacturer's
         identification  number  or,   if   applicable,   the
         Secretary  of  State or Illinois Department of State
         Police identification number;
              (C)  the date of acquisition of the vehicle;
              (D)  the name and address of  the  person  from
         whom the vehicle was acquired and, if that person is
         a   dealer,  the  Illinois  or  out-of-state  dealer
         license number of such person;
              (E)  the signature of  the  person  making  the
         inspection  of  a  used  vehicle  as  required under
         subsection (d) of this Section, if applicable;
              (F)  the purchase  price  of  the  vehicle,  if
         applicable;
              (G)  the   date   of  the  disposition  of  the
         vehicle;
              (H)  the name and address of the person to whom
         any vehicle was disposed, and if that  person  is  a
         dealer,   the   Illinois  or  out-of-State  dealer's
         license number of that dealer;
              (I)  the uniform invoice number reflecting  the
         disposition of the vehicle, if applicable; and
              (J)  The   sale   price   of  the  vehicle,  if
         applicable.
    (2) (A)  the  following  records   pertaining   to   used
essential  parts  other than quarter panels and transmissions
of vehicles of the first division shall be kept:
                   (i)  the year, make, model, color and type
              of such part;
                   (ii)  the     vehicle's     manufacturer's
              identification number, derivative  number,  or,
              if   applicable,  the  Secretary  of  State  or
              Illinois    Department    of    State    Police
              identification number of such part;
                   (iii)  the date of the acquisition of each
              part;
                   (iv)  the name and address of  the  person
              from  whom  the  part was acquired and, if that
              person   is   a   dealer,   the   Illinois   or
              out-of-state  dealer  license  number  of  such
              person; if the essential part being acquired is
              from a person other than a dealer, the licensee
              shall verify and record that person's  identity
              by recording the identification numbers from at
              least  two  sources  of  identification, one of
              which shall  be  a  drivers  license  or  State
              identification card;
                   (v)  the   uniform   invoice   number   or
              out-of-state bill of sale number reflecting the
              acquisition of such part;
                   (vi)  the  stock  number  assigned  to the
              essential part by the licensee, if applicable;
                   (vii)  the date of the disposition of such
              part;
                   (viii)  the name and address of the person
              to whom such part was disposed of and, if  that
              person   is   a   dealer,   the   Illinois   or
              out-of-state  dealer  license  number  of  that
              person;
                   (ix)  the     uniform    invoice    number
              reflecting the disposition of such part.
         (B)  Inspections of all  essential  parts  shall  be
    conducted in accordance with Section 5-402.1.
         (C)  A   separate   entry   containing  all  of  the
    information required to be recorded in  subparagraph  (A)
    of  paragraph (2) of subsection (a) of this Section shall
    be made  for  each  separate  essential  part.   Separate
    entries  shall be made regardless of whether the part was
    a large purchase acquisition.  In  addition,  a  separate
    entry  shall be made for each part acquired for immediate
    sale or transfer,  or  for  placement  into  the  overall
    inventory  or stock to be disposed of at a later time, or
    for use on a vehicle to  be  materially  altered  by  the
    licensee,  or  acquired  for any other purpose or reason.
    Failure to make a separate entry for each essential  part
    acquired  or  disposed  of, or a failure to record any of
    the  specific  information  required   to   be   recorded
    concerning   the   acquisition  or  disposition  of  each
    essential part  as  set  forth  in  subparagraph  (A)  of
    paragraph  (2)  of  subsection  (a)  shall  constitute  a
    failure to keep records.
         (D)  The   vehicle's  manufacturer's  identification
    number or Secretary of State or  Illinois  Department  of
    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
    Department  of  State Police identification number for an
    essential part cannot be obtained, that part shall not be
    acquired  by  the  licensee  or  any  of  his  agents  or
    employees. If such part or parts were physically acquired
    by the licensee or any of his agents or  employees  while
    the licensee or agent or employee was outside this State,
    that licensee or agent or employee was outside the State,
    that  licensee,  agent  or  employee shall not bring such
    essential part into this State or cause it to be  brought
    into  this  State.  The  acquisition or disposition of an
    essential part by a licensee without the recording of the
    vehicle  identification  number  or  Secretary  of  State
    identification number for such part or the transportation
    into the State by the licensee or his agent  or  employee
    of  such part or parts shall constitute a failure to keep
    records.
         (E)  The records of essential parts required  to  be
    kept  by  this Section shall apply to all hulks, chassis,
    frames or cowls, regardless of the age of those essential
    parts.  The records required to be kept by  this  Section
    for  essential parts other than hulks, chassis, frames or
    cowls, shall apply only to those  essential  parts  which
    are  6  model  years of age or newer.  In determining the
    model year of such an essential part it may  be  presumed
    that  the identification number of the vehicle from which
    the essential part  came  or  the  identification  number
    affixed  to  the  essential  part  itself acquired by the
    licensee denotes the model year of that  essential  part.
    This  presumption,  however, shall not apply if the gross
    appearance of the essential part does not  correspond  to
    the  year,  make  or  model  of either the identification
    number of the vehicle from which the  essential  part  is
    alleged  to  have come or the identification number which
    is affixed to the essential part  itself.   To  determine
    whether  an  essential  part  is  6 years of age or newer
    within this paragraph, the model year  of  the  essential
    part  shall be subtracted from the calendar year in which
    the essential part is acquired  or  disposed  of  by  the
    licensee.   If  the remainder is 6 or less, the record of
    the acquisition or disposition  of  that  essential  part
    shall be kept as required by this Section.
         (F)  The requirements of paragraph (2) of subsection
    (a) of this Section shall not apply to the disposition of
    an  essential  part  other  than  a  cowl  which has been
    damaged or altered to a state in which it can  no  longer
    be returned to a usable condition and which is being sold
    or  transferred to a scrap processor or for delivery to a
    scrap processor.
    (3)  the following records for vehicles on which  junking
certificates are obtained shall be kept:
              (A)  the  year, make, model, style and color of
         the vehicle;
              (B)  the        vehicle's        manufacturer's
         identification  number  or,   if   applicable,   the
         Secretary  of  State or Illinois Department of State
         Police identification number;
              (C)  the date the vehicle was acquired;
              (D)  the name and address of  the  person  from
         whom the vehicle was acquired and, if that person is
         a   dealer,  the  Illinois  or  out-of-state  dealer
         license number of that person;
              (E)  the certificate of title number or salvage
         certificate number for the vehicle, if applicable;
              (F)  the junking certificate number obtained by
         the licensee; this entry shall be  recorded  at  the
         close  of  business of the second business day after
         receiving the junking certificate;
              (G)  the name and address of the person to whom
         the  junking  certificate  has  been  assigned,   if
         applicable,  and  if  that  person  is a dealer, the
         Illinois or out-of-state dealer  license  number  of
         that dealer;
              (H)  if  the vehicle or any part of the vehicle
         is dismantled for its parts to be disposed of in any
         way, or if such parts are to be used by the licensee
         to materially alter a vehicle, those essential parts
         shall be recorded in the record book  for  essential
         parts  and  the entries required by paragraph (2) of
         subsection (a) shall be made.
    (4)  the following records for rebuilt vehicles shall  be
kept:
              (A)  the  year, make, model, style and color of
         the vehicle;
              (B)  the        vehicle's        manufacturer's
         identification  number  of  the   vehicle   or,   if
         applicable,  the  Secretary  of  State  or  Illinois
         Department of State Police identification number;
              (C)  the date the vehicle was acquired;
              (D)  the  name  and  address of the person from
         whom the vehicle was acquired, and if that person is
         a  dealer,  the  Illinois  or  out-of-state   dealer
         license number of that person;
              (E)  the  salvage  certificate  number  for the
         vehicle;
              (F)  the  newly  issued  certificate  of  title
         number for the vehicle;
              (G)  the date of disposition of the vehicle;
              (H)  the name and address of the person to whom
         the vehicle was  disposed,  and  if  a  dealer,  the
         Illinois  or  out-of-state  dealer license number of
         that dealer;
              (I)  The sale price of the vehicle.
    (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)  Any  person  who knowingly fails to keep the records
required by this  Section  or  who  knowingly  violates  this
Section  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 vehicle or  each  essential  part  of  a
vehicle  for  which a record was not kept as required by this
Section.
(Source: P.A. 89-189, eff. 1-1-96; 89-235, eff. 8-4-95.)

    (625 ILCS 5/5-402) (from Ch. 95 1/2, par. 5-402)
    Sec. 5-402. Use of Department of Revenue Uniform  Invoice
for  vehicle.  Every person licensed as a new vehicle dealer,
or as a used vehicle dealer, or as a motor vehicle  financing
affiliate  shall issue a Uniform Invoice with respect to each
transaction wherein he disposes of  a  vehicle,  except  that
where,  in  the  same transaction, a vehicle dealer transfers
more than one vehicle  to  another  vehicle  dealer  for  the
purpose  of  resale,  such  seller  for  resale may issue one
Uniform Invoice to the purchaser covering  all  the  vehicles
involved  in  that transaction and may report the transfer of
all  the  vehicles  involved  in  that  transaction  to   the
Department  on the same Uniform Invoice-transaction reporting
return form. Every  person  licensed  as  a  rebuilder  shall
likewise  issue  a  Uniform  Invoice  with  respect  to  each
transaction  wherein  he  disposes  of  a rebuilt or restored
vehicle. Such Uniform Invoice shall be the same  document  as
the  transaction reporting return referred to in Section 3 of
the Retailers' Occupation Tax Act. Such Uniform Invoice shall
contain complete financial details of the transaction in such
form as shall be prescribed by  the  Department  of  Revenue.
Such  Uniform  Invoice shall include an affidavit by both the
seller and  the  buyer  that  any  trade-in  title  has  been
properly  assigned  from the buyer to the seller and that all
information  on  the  Uniform  Invoice-transaction  reporting
return is true and accurate.
(Source: P.A. 85-1396.)
    (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  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, made
out in triplicate 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;
         (2)  the name and address of  the  person  acquiring
    the  essential  part, and if that person is a dealer, the
    Illinois or out-of-state dealer license  number  of  that
    dealer;
         (3)  the  date  of  the disposition of the essential
    part;
         (4)  the year, make, model, color and description of
    each essential part disposed of by the person;
         (5)  the   manufacturer's   vehicle   identification
    number,  Secretary  of  State  identification  number  or
    Illinois  Department  of  State   Police   identification
    number,  for  each  essential  part  disposed  of  by the
    person;
         (6)  the printed name and legible signature  of  the
    person or agent disposing of the essential part; and
         (7)  if  the person is a dealer the printed name and
    legible signature of the dealer or his agent or  employee
    accepting delivery of the essential part.
    (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
    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  Department  of   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    Department    of    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.
         If that part was physically acquired by or delivered
    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.
         (2)  If the person disposing of  or  delivering  the
    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.
         (3)  If  the  person disposing of the essential part
    is 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.
    (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  to paragraph (1) of subsection (c) reveals that
    the vehicle identification  number,  Secretary  of  State
    identification   number,  Illinois  Department  of  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.
         (2)  If  the  examination  of the Uniform Invoice or
    bill 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.
    (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 Sections 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 7 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.  85-1204;  85-1396; 85-1440; 86-1179; 86-1209;
86-1475.)

    (625 ILCS 5/5-403.1) (from Ch. 95 1/2, par. 5-403.1)
    Sec. 5-403.1.  Inventory System.
    (a)  Every person licensed or  required  to  be  licensed
under  the  provisions  of Sections 5-101, 5-101.1, 5-102 and
5-301  of  this  Code  shall,  under  rule   and   regulation
prescribed  by  the Secretary of State, maintain an inventory
system of all vehicles or essential parts in  such  a  manner
that a person making an inspection pursuant to the provisions
of  Section  5-403  of  this  Code  can readily ascertain the
identity of such vehicles  or  essential  parts  and  readily
locate such parts on the licensees premises.
    (b)  Failure  to maintain an inventory system as required
under this Section is a Class A misdemeanor.
    (c)  This Section does not apply to vehicles or essential
parts which have been  acquired  by  a  scrap  processor  for
processing  into  a  form  other  than a vehicle or essential
part.
(Source: P.A. 86-1209.)

    Section 10.  The Motor Vehicle Franchise Act  is  amended
by changing Section 4 and adding Section 3.1 as follows:

    (815 ILCS 710/3.1 new)
    Sec.   3.1.  Motor   vehicle  financing  affiliate.   For
purposes of this  Act,  a  franchisee  and  a  motor  vehicle
financing  affiliate,  as  defined  in  Section  5-100 of the
Illinois Vehicle Code,  shall be treated as a single  entity.
That  a franchisee arranges to receive motor vehicles through
a motor  vehicle  financing  affiliate  shall  not  exempt  a
manufacturer from the provisions of this Act.  A manufacturer
shall  not  require,  directly or indirectly, a motor vehicle
dealer to contract with a motor vehicle  financing  affiliate
in   order   to  receive  its  motor  vehicles  nor  shall  a
manufacturer prevent, directly or indirectly, a motor vehicle
dealer from  contracting  with  a   motor  vehicle  financing
affiliate   in   order  to  receive  its  motor  vehicles.  A
manufacturer  shall  not  use  a  motor   vehicle   financing
affiliate   as   a  means  of  avoiding  the  provisions  and
requirements of this Act.

    (815 ILCS 710/4) (from Ch. 121 1/2, par. 754)
    Sec. 4.  Unfair competition and practices.
    (a)  The unfair methods of  competition  and  unfair  and
deceptive acts or practices listed in this Section are hereby
declared to be unlawful. In construing the provisions of this
Section,  the  courts may be guided by the interpretations of
the Federal Trade Commission Act (15 U.S.C. 45 et  seq.),  as
from time to time amended.
    (b)  It shall be deemed a violation for any manufacturer,
factory   branch,   factory  representative,  distributor  or
wholesaler, distributor branch, distributor representative or
motor vehicle dealer to engage in any action with respect  to
a   franchise   which   is   arbitrary,   in   bad  faith  or
unconscionable and which causes damage to any of the  parties
or to the public.
    (c)  It shall be deemed a violation for a manufacturer, a
distributor,  a wholesaler, a distributor branch or division,
a factory branch  or  division,  or  a  wholesale  branch  or
division,  or officer, agent or other representative thereof,
to coerce, or attempt to coerce, any motor vehicle dealer:
         (1)  to accept, buy or order any  motor  vehicle  or
    vehicles,  appliances,  equipment,  parts  or accessories
    therefor,  or  any  other  commodity  or  commodities  or
    service or services which such motor vehicle  dealer  has
    not   voluntarily   ordered  or  requested  except  items
    required by applicable local, state or federal law; or to
    require a motor vehicle dealer to accept, buy,  order  or
    purchase  such items in order to obtain any motor vehicle
    or vehicles or any other commodity or  commodities  which
    have  been  ordered  or  requested  by such motor vehicle
    dealer;
         (2)  to  order  or  accept  delivery  of  any  motor
    vehicle with special features, appliances, accessories or
    equipment not included in the list  price  of  the  motor
    vehicles  as  publicly  advertised  by  the  manufacturer
    thereof, except items required by applicable law; or
         (3)  to  order  for  anyone  any parts, accessories,
    equipment, machinery, tools, appliances or any  commodity
    whatsoever, except items required by applicable law.
    (d)  It shall be deemed a violation for a manufacturer, a
distributor,  a wholesaler, a distributor branch or division,
or officer, agent or other representative thereof:
         (1)  to adopt, change, establish or implement a plan
    or system for the  allocation  and  distribution  of  new
    motor   vehicles   to  motor  vehicle  dealers  which  is
    arbitrary or capricious or to modify an existing plan  so
    as to cause the same to be arbitrary or capricious;
         (2)  to  fail or refuse to advise or disclose to any
    motor  vehicle  dealer  having  a  franchise  or  selling
    agreement, upon written request therefor, the basis  upon
    which  new  motor  vehicles  of  the  same  line make are
    allocated or distributed to motor vehicle dealers in  the
    State  and the basis upon which the current allocation or
    distribution is being made or will be made to such  motor
    vehicle dealer;
         (3)  to  refuse  to deliver in reasonable quantities
    and within a reasonable time after  receipt  of  dealer's
    order,  to any motor vehicle dealer having a franchise or
    selling agreement  for  the  retail  sale  of  new  motor
    vehicles   sold  or  distributed  by  such  manufacturer,
    distributor, wholesaler, distributor branch or  division,
    factory   branch  or  division  or  wholesale  branch  or
    division, any such motor vehicles as are covered by  such
    franchise  or  selling  agreement  specifically  publicly
    advertised   in   the   State   by   such   manufacturer,
    distributor,  wholesaler, distributor branch or division,
    factory  branch  or  division,  or  wholesale  branch  or
    division  to  be  available   for   immediate   delivery.
    However,  the  failure to deliver any motor vehicle shall
    not be considered a violation of this Act if such failure
    is due to an act of God, a work stoppage or delay due  to
    a  strike or labor difficulty, a shortage of materials, a
    lack of manufacturing  capacity,  a  freight  embargo  or
    other  cause over which the manufacturer, distributor, or
    wholesaler, or any agent thereof has no control;
         (4)  to coerce, or  attempt  to  coerce,  any  motor
    vehicle  dealer  to  enter  into  any agreement with such
    manufacturer, distributor, wholesaler, distributor branch
    or division, factory branch  or  division,  or  wholesale
    branch   or   division,   or   officer,  agent  or  other
    representative  thereof,  or  to   do   any   other   act
    prejudicial  to  the  dealer by threatening to reduce his
    allocation of motor vehicles or cancel any  franchise  or
    any selling agreement existing between such manufacturer,
    distributor,  wholesaler, distributor branch or division,
    or factory branch or division,  or  wholesale  branch  or
    division,  and  the dealer. However, notice in good faith
    to any motor vehicle dealer of the dealer's violation  of
    any  terms  or  provisions  of  such franchise or selling
    agreement or of any law or regulation applicable  to  the
    conduct  of a motor vehicle dealer shall not constitute a
    violation of this Act;
         (5)  to require a franchisee to  participate  in  an
    advertising   campaign  or  contest  or  any  promotional
    campaign,  or  to  purchase  or  lease  any   promotional
    materials, training materials, show room or other display
    decorations   or   materials   at   the  expense  of  the
    franchisee;
         (6)  to cancel or terminate the franchise or selling
    agreement of a motor vehicle dealer  without  good  cause
    and  without  giving  notice  as hereinafter provided; to
    fail  or  refuse  to  extend  the  franchise  or  selling
    agreement of a motor vehicle dealer upon  its  expiration
    without   good   cause   and  without  giving  notice  as
    hereinafter provided; or, to offer a renewal, replacement
    or succeeding franchise or selling  agreement  containing
    terms   and   provisions   the  effect  of  which  is  to
    substantially change or  modify  the  sales  and  service
    obligations  or capital requirements of the motor vehicle
    dealer arbitrarily and without  good  cause  and  without
    giving notice as hereinafter provided notwithstanding any
    term or provision of a franchise or selling agreement.
              (A)  If     a     manufacturer,    distributor,
         wholesaler, distributor branch or division,  factory
         branch  or  division or wholesale branch or division
         intends  to  cancel  or  terminate  a  franchise  or
         selling agreement or intends not to extend or  renew
         a  franchise or selling agreement on its expiration,
         it shall send a letter  by  certified  mail,  return
         receipt  requested,  to  the  affected franchisee at
         least 60 days  before  the  effective  date  of  the
         proposed  action,  or  not later than 10 days before
         the proposed action when the reason for  the  action
         is based upon either of the following:
                   (i)  the   business   operations   of  the
              franchisee   have   been   abandoned   or   the
              franchisee  has  failed  to  conduct  customary
              sales and service operations  during  customary
              business  hours  for  at  least  7  consecutive
              business  days unless such closing is due to an
              act of God, strike or labor difficulty or other
              cause over which the franchisee has no control;
              or
                   (ii)  the conviction of or  plea  of  nolo
              contendere  by  the motor vehicle dealer or any
              operator  thereof  in  a  court  of   competent
              jurisdiction   to   an  offense  punishable  by
              imprisonment for more than two years.
              Each notice of proposed action shall include  a
         detailed   statement   setting  forth  the  specific
         grounds for the proposed cancellation,  termination,
         or refusal to extend or renew.
              (B)  If     a     manufacturer,    distributor,
         wholesaler, distributor branch or division,  factory
         branch  or  division or wholesale branch or division
         intends to change substantially or modify the  sales
         and service obligations or capital requirements of a
         motor  vehicle dealer as a condition to extending or
         renewing the existing franchise or selling agreement
         of such motor vehicle dealer, it shall send a letter
         by certified mail, return receipt requested, to  the
         affected  franchisee  at  least  60  days before the
         date of  expiration  of  the  franchise  or  selling
         agreement.   Each  notice  of  proposed action shall
         include  a  detailed  statement  setting  forth  the
         specific grounds for the proposed action.
              (C)  Within 15 days from receipt of the  notice
         under  subparagraphs (A) and (B), the franchisee may
         file with the Board a written  protest  against  the
         proposed action.
              When  the  protest  has  been timely filed, the
         Board shall enter an order, fixing a date (within 60
         days of the date of the order), time, and place of a
         hearing on the protest required  under  Sections  12
         and  29  of  this  Act,  and send by certified mail,
         return receipt requested, a copy of the order to the
         manufacturer that filed the notice of  intention  of
         the  proposed action and to the protesting dealer or
         franchisee.
              The manufacturer shall have the burden of proof
         to establish that good cause  exists  to  cancel  or
         terminate,  or fail to extend or renew the franchise
         or selling agreement of a motor  vehicle  dealer  or
         franchisee,  and  to  change substantially or modify
         the  sales  and  service  obligations   or   capital
         requirements   of   a  motor  vehicle  dealer  as  a
         condition to  extending  or  renewing  the  existing
         franchise  or  selling agreement.  The determination
         whether good cause exists to cancel,  terminate,  or
         refuse  to  renew or extend the franchise or selling
         agreement, or to change or modify the obligations of
         the  dealer  as  a  condition  to   offer   renewal,
         replacement,  or  succession  shall  be  made by the
         Board under subsection (d) of  Section  12  of  this
         Act.
              (D)  Notwithstanding  the terms, conditions, or
         provisions of a franchise or selling agreement,  the
         following   shall  not  constitute  good  cause  for
         cancelling or terminating or failing  to  extend  or
         renew  the  franchise  or selling agreement: (i) the
         change of ownership or executive management  of  the
         franchisee's  dealership;  or (ii) the fact that the
         franchisee or owner of an interest in the  franchise
         owns,  has  an  investment  in,  participates in the
         management of, or holds a license for  the  sale  of
         the  same  or  any  other  line  make  of  new motor
         vehicles.
              Good cause shall exist to cancel, terminate  or
         fail  to offer a renewal or replacement franchise or
         selling agreement to all franchisees of a line  make
         if  the  manufacturer  permanently  discontinues the
         manufacture or assembly of motor  vehicles  of  such
         line make.
              (E)  The   manufacturer   may   not  cancel  or
         terminate, or fail to extend or renew a franchise or
         selling  agreement   or   change   or   modify   the
         obligations  of  the  franchisee  as  a condition to
         offering  a  renewal,  replacement,  or   succeeding
         franchise  or  selling  agreement before the hearing
         process is concluded as prescribed by this Act,  and
         thereafter,   if   the  Board  determines  that  the
         manufacturer has failed to meet its burden of  proof
         and  that  good  cause  does  not exist to allow the
         proposed action; or
         (7)  notwithstanding  the  terms  of  any  franchise
    agreement, to fail to indemnify  and  hold  harmless  its
    franchised dealers against any judgment or settlement for
    damages,  including,  but not limited to, court costs and
    reasonable attorneys'  fees  of  the  new  motor  vehicle
    dealer,  arising  out  of  complaints, claims or lawsuits
    including,  but  not  limited   to,   strict   liability,
    negligence,   misrepresentation,   warranty  (express  or
    implied), or recision of the sale as defined  in  Section
    2-608  of the Uniform Commercial Code, to the extent that
    the  judgment  or  settlement  relates  to  the   alleged
    defective or negligent manufacture, assembly or design of
    new   motor  vehicles,  parts  or  accessories  or  other
    functions by the manufacturer, beyond the control of  the
    dealer.
    (e)  It shall be deemed a violation for a manufacturer, a
distributor,  a  wholesaler, a distributor branch or division
or officer, agent or other representative thereof:
         (1)  to resort to or use  any  false  or  misleading
    advertisement  in  connection  with  his business as such
    manufacturer, distributor, wholesaler, distributor branch
    or division or officer,  agent  or  other  representative
    thereof;
         (2)  to offer to sell or lease, or to sell or lease,
    any  new  motor  vehicle to any motor vehicle dealer at a
    lower actual price therefor than the actual price offered
    to any other motor vehicle  dealer  for  the  same  model
    vehicle  similarly  equipped  or  to  utilize  any device
    including, but not limited to, sales promotion  plans  or
    programs  which  result  in  such lesser actual price  or
    fail to make available to any motor  vehicle  dealer  any
    preferential pricing, incentive, rebate, finance rate, or
    low  interest  loan  program  offered  to competing motor
    vehicle dealers in other contiguous states. However,  the
    provisions  of this paragraph shall not apply to sales to
    a motor vehicle dealer for resale  to  any  unit  of  the
    United  States  Government,  the  State  or  any  of  its
    political subdivisions;
         (3)  to offer to sell or lease, or to sell or lease,
    any new motor vehicle to any person, except a wholesaler,
    distributor or manufacturer's employees at a lower actual
    price  therefor than the actual price offered and charged
    to a motor vehicle dealer  for  the  same  model  vehicle
    similarly equipped or to utilize any device which results
    in  such  lesser actual price. However, the provisions of
    this paragraph shall  not  apply  to  sales  to  a  motor
    vehicle  dealer  for  resale  to  any  unit of the United
    States Government, the State  or  any  of  its  political
    subdivisions;
         (4)  to prevent or attempt to prevent by contract or
    otherwise  any  motor  vehicle  dealer or franchisee from
    changing the executive management control  of  the  motor
    vehicle  dealer  or  franchisee  unless  the  franchiser,
    having  the  burden  of proof, proves that such change of
    executive management will result in executive  management
    control  by a person or persons who are not of good moral
    character or who do not meet  the  franchiser's  existing
    and,  with consideration given to the volume of sales and
    service of  the  dealership,  uniformly  applied  minimum
    business experience standards in the market area. However
    where  the  manufacturer  rejects  a  proposed  change in
    executive management control, the manufacturer shall give
    written notice of his reasons to  the  dealer  within  60
    days  of  notice to the manufacturer by the dealer of the
    proposed change. If the  manufacturer  does  not  send  a
    letter  to  the  franchisee  by  certified  mail,  return
    receipt  requested,  within  60  days from receipt by the
    manufacturer of the proposed change, then the  change  of
    the  executive management control of the franchisee shall
    be deemed accepted as proposed by the franchisee, and the
    manufacturer shall give immediate effect to such change;
         (5)  to prevent or attempt to prevent by contract or
    otherwise any motor vehicle dealer from  establishing  or
    changing  the  capital structure of his dealership or the
    means by or  through  which  he  finances  the  operation
    thereof; provided the dealer meets any reasonable capital
    standards   agreed   to   between   the  dealer  and  the
    manufacturer, distributor or wholesaler, who may  require
    that  the  sources, method and manner by which the dealer
    finances or intends to finance its  operation,  equipment
    or facilities be fully disclosed;
         (6)  to  refuse  to  give  effect  to  or prevent or
    attempt to prevent by contract  or  otherwise  any  motor
    vehicle  dealer or any officer, partner or stockholder of
    any motor vehicle dealer from selling or transferring any
    part of the interest of any of them to any  other  person
    or  persons  or  party  or  parties  unless  such sale or
    transfer is to  a  transferee  who  would  not  otherwise
    qualify  for  a  new  motor vehicle dealers license under
    "The Illinois Vehicle Code"  or  unless  the  franchiser,
    having  the  burden  of  proof,  proves that such sale or
    transfer is to a person or party who is not of good moral
    character or does not meet the franchiser's existing  and
    reasonable  capital  standards  and,  with  consideration
    given   to  the  volume  of  sales  and  service  of  the
    dealership, uniformly applied minimum business experience
    standards in the market  area.  However,  nothing  herein
    shall   be   construed   to  prevent  a  franchiser  from
    implementing  affirmative   action   programs   providing
    business  opportunities  for minorities or from complying
    with applicable federal, State or local law:
              (A)  If the manufacturer intends to  refuse  to
         approve the sale or transfer of all or a part of the
         interest, then it shall, within 60 days from receipt
         of   the   completed   application  forms  generally
         utilized by a manufacturer to conduct its review and
         a copy of  all  agreements  regarding  the  proposed
         transfer,  send  a  letter by certified mail, return
         receipt requested, advising the  franchisee  of  any
         refusal  to  approve  the sale or transfer of all or
         part of the interest. The  notice  shall  set  forth
         specific  criteria  used to evaluate the prospective
         transferee and the grounds for refusing  to  approve
         the  sale  or transfer to that transferee. Within 15
         days  from   the   franchisee's   receipt   of   the
         manufacturer's  notice, the franchisee may file with
         the Board a written  protest  against  the  proposed
         action.
              When a protest has been timely filed, the Board
         shall  enter  an  order,  fixing the date (within 60
         days of the date of such order), time, and place  of
         a hearing on the protest, required under Sections 12
         and  29  of  this  Act,  and send by certified mail,
         return receipt requested, a copy of the order to the
         manufacturer that filed notice of intention  of  the
         proposed action and to the protesting franchisee.
              The manufacturer shall have the burden of proof
         to  establish  that  good  cause exists to refuse to
         approve the sale or transfer to the transferee.  The
         determination whether good cause exists to refuse to
         approve the sale or transfer shall be  made  by  the
         Board  under  subdivisions  (6)(B). The manufacturer
         shall not refuse to approve the sale or transfer  by
         a dealer or an officer, partner, or stockholder of a
         franchise  or any part of the interest to any person
         or persons before the hearing process  is  concluded
         as  prescribed  by  this  Act, and thereafter if the
         Board determines that the manufacturer has failed to
         meet its burden of proof and that  good  cause  does
         not  exist to refuse to approve the sale or transfer
         to the transferee.
              (B)  Good cause to refuse to approve such  sale
         or  transfer  under this Section is established when
         such sale or transfer is to a transferee  who  would
         not  otherwise  qualify  for  a  new  motor  vehicle
         dealers license under "The Illinois Vehicle Code" or
         such sale or transfer is to a person or party who is
         not  of  good  moral  character or does not meet the
         franchiser's   existing   and   reasonable   capital
         standards  and,  with  consideration  given  to  the
         volume of  sales  and  service  of  the  dealership,
         uniformly   applied   minimum   business  experience
         standards in the market area.
         (7)  to obtain money, goods, services,  anything  of
    value,  or  any  other benefit from any other person with
    whom the motor vehicle dealer does business,  on  account
    of  or in relation to the transactions between the dealer
    and the other person as compensation, except for services
    actually  rendered,  unless  such  benefit  is   promptly
    accounted  for  and  transmitted  to  the  motor  vehicle
    dealer;
         (8)  to   grant   an  additional  franchise  in  the
    relevant market area of an existing franchise of the same
    line make  or  to  relocate  an  existing  motor  vehicle
    dealership  within  or  into a relevant market area of an
    existing franchise of the same line make. However, if the
    manufacturer wishes to grant such an additional franchise
    to an independent person in a bona fide  relationship  in
    which  such  person  is  prepared  to  make a significant
    investment subject to loss in such a  dealership,  or  if
    the  manufacturer  wishes  to  relocate an existing motor
    vehicle dealership, then the manufacturer  shall  send  a
    letter  by  certified  mail, return receipt requested, to
    each existing dealer or dealers of  the  same  line  make
    whose relevant market area includes the proposed location
    of the additional or relocated franchise at least 60 days
    before the manufacturer grants an additional franchise or
    relocates  an  existing  franchise  of the same line make
    within or into the relevant market area  of  an  existing
    franchisee  of the same line make.  Each notice shall set
    forth the specific grounds for the proposed grant  of  an
    additional   or  relocation  of  an  existing  franchise.
    Unless the parties agree upon the grant or  establishment
    of  the  additional or relocated franchise within 15 days
    from the date the notice was  received  by  the  existing
    franchisee  of  the same line make or any person entitled
    to receive such notice, the franchisee  or  other  person
    may  file  with  the  Board a written protest against the
    grant or establishment  of  the  proposed  additional  or
    relocated franchise.
         When  a  protest  has  been  timely filed, the Board
    shall enter an order fixing a date (within 60 days of the
    date of the order), time, and place of a hearing  on  the
    protest,  required  under Sections 12 and 29 of this Act,
    and send by certified or registered mail, return  receipt
    requested,  a  copy of the order to the manufacturer that
    filed the notice of intention to grant or  establish  the
    proposed  additional  or  relocated  franchise and to the
    protesting dealer or dealers of the same line make  whose
    relevant  market  area  includes the proposed location of
    the additional or relocated franchise.
         When more than one  protest  is  filed  against  the
    grant  or  establishment  of  the additional or relocated
    franchise  of  the  same  line  make,   the   Board   may
    consolidate  the  hearings to expedite disposition of the
    matter.  The manufacturer shall have the burden of  proof
    to establish that good cause exists to allow the grant or
    establishment  of  the additional or relocated franchise.
    The  manufacturer  may  not  grant   or   establish   the
    additional  franchise  or relocate the existing franchise
    before the hearing process is concluded as prescribed  by
    this Act, and thereafter if the Board determines that the
    manufacturer  has  failed to meet its burden of proof and
    that good cause does not exist  to  allow  the  grant  or
    establishment  of  the additional franchise or relocation
    of the existing franchise.
         The determination  whether  good  cause  exists  for
    allowing  the  grant  or  establishment  of an additional
    franchise or relocated existing franchise, shall be  made
    by  the  Board under subsection (c) of Section 12 of this
    Act. If the manufacturer seeks to enter into a  contract,
    agreement   or   other   arrangement   with  any  person,
    establishing any additional motor vehicle  dealership  or
    other facility, limited to the sale of factory repurchase
    vehicles  or  late  model vehicles, then the manufacturer
    shall follow the notice  procedures  set  forth  in  this
    Section  and  the determination whether good cause exists
    for allowing the proposed agreement shall be made by  the
    Board  under  subsection  (c)  of  Section  12,  with the
    manufacturer having the burden of proof.
              A.  (Blank).
              B.  For   the   purposes   of   this   Section,
         appointment of a successor motor vehicle  dealer  at
         the  same  location  as its predecessor, or within 2
         miles of such location,  or  the  relocation  of  an
         existing  dealer  or franchise within 2 miles of the
         relocating   dealer's   or   franchisee's   existing
         location,  shall  not  be  construed  as  a   grant,
         establishment  or the entering into of an additional
         franchise or selling agreement, or a  relocation  of
         an  existing  franchise.  The  reopening  of a motor
         vehicle dealership that has not  been  in  operation
         for  18  months or more shall be deemed the grant of
         an additional franchise or selling agreement.
              C.  This  Section  does  not   apply   to   the
         relocation of an existing dealership or franchise in
         a  county  having  a population of more than 300,000
         persons when the new location is within the dealer's
         current  relevant  market  area,  provided  the  new
         location is more  than  7  miles  from  the  nearest
         dealer of the same line make or is further away from
         the  nearest  dealer  of  the  same  line make. This
         Section does not  apply  to  the  relocation  of  an
         existing  dealership or franchise in a county having
         a population of less than 300,000 persons  when  the
         new location is within the dealer's current relevant
         market  area, provided the new location is more than
         12 miles from the nearest dealer of  the  same  line
         make  or  is further away from the nearest dealer of
         the same line make.
              D.  Nothing in this Section shall be  construed
         to    prevent   a   franchiser   from   implementing
         affirmative  action  programs   providing   business
         opportunities  for minorities or from complying with
         applicable federal, State or local law;
         (9)  to require a motor vehicle dealer to assent  to
    a release, assignment, novation, waiver or estoppel which
    would  relieve  any person from liability imposed by this
    Act;
         (10)  to prevent or refuse to  give  effect  to  the
    succession  to  the  ownership or management control of a
    dealership by any legatee under the will of a  dealer  or
    to  an heir under the laws of descent and distribution of
    this  State  unless  the  franchisee  has  designated   a
    successor  to  the  ownership or management control under
    the succession provisions of the franchise.   Unless  the
    franchiser,  having  the burden of proof, proves that the
    successor is a person who is not of good moral  character
    or does not meet the franchiser's existing and reasonable
    capital  standards  and,  with consideration given to the
    volume of sales and service of the dealership,  uniformly
    applied  minimum  business  experience  standards  in the
    market area, any designated  successor  of  a  dealer  or
    franchisee  may  succeed  to  the ownership or management
    control of a dealership under the existing franchise if:
                   (i)  The designated  successor  gives  the
              franchiser  written  notice  by certified mail,
              return  receipt  requested,  of  his   or   her
              intention  to  succeed  to the ownership of the
              dealer within 60 days of the dealer's death  or
              incapacity; and
                   (ii)  The  designated  successor agrees to
              be bound by all the terms and conditions of the
              existing franchise.
         Notwithstanding the  foregoing,  in  the  event  the
    motor  vehicle dealer or franchisee and manufacturer have
    duly executed an agreement concerning  succession  rights
    prior  to  the  dealer's  death  or  incapacitation,  the
    agreement shall be observed.
              (A)  If  the  franchiser  intends  to refuse to
         honor the successor to the ownership of  a  deceased
         or  incapacitated  dealer  or  franchisee  under  an
         existing  franchise  agreement, the franchiser shall
         send a letter  by  certified  mail,  return  receipt
         requested,  to  the  designated  successor within 60
         days from receipt of  a  proposal  advising  of  its
         intent  to  refuse  to  honor  the succession and to
         discontinue the existing franchise  agreement.   The
         notice  shall set forth the specific grounds for the
         refusal to honor the succession and discontinue  the
         existing franchise agreement.
              If  notice of refusal is not timely served upon
         the designated successor,  the  franchise  agreement
         shall continue in effect subject to termination only
         as   otherwise   permitted   by   paragraph  (6)  of
         subsection (d) of Section 4 of this Act.
              Within 15 days from the  date  the  notice  was
         received  by  the  designated successor or any other
         person entitled to notice,  the  designee  or  other
         person  may  file  with  the Board a written protest
         against the proposed action.
              When a protest has been timely filed, the Board
         shall enter an order, fixing a date (within 60  days
         of  the  date  of  the  order), time, and place of a
         hearing on the protest, required under  Sections  12
         and  29  of  this  Act,  and send by certified mail,
         return receipt requested, a copy of the order to the
         franchiser that filed the notice of intention of the
         proposed action and to the  protesting  designee  or
         such other person.
              The manufacturer shall have the burden of proof
         to  establish  that  good  cause exists to refuse to
         honor the succession and  discontinue  the  existing
         franchise agreement.  The determination whether good
         cause exists to refuse to honor the succession shall
         be  made  by the Board under subdivision (B) of this
         paragraph (10).  The manufacturer shall  not  refuse
         to  honor the succession or discontinue the existing
         franchise agreement before the  hearing  process  is
         concluded  as prescribed by this Act, and thereafter
         if the Board determines that it has failed  to  meet
         its  burden  of  proof  and that good cause does not
         exist  to  refuse  to  honor  the   succession   and
         discontinue the existing franchise agreement.
              (B)  No    manufacturer    shall   impose   any
         conditions  upon   honoring   the   succession   and
         continuing the existing franchise agreement with the
         designated  successor other than that the franchisee
         has designated  a  successor  to  the  ownership  or
         management  control  under the succession provisions
         of the franchise, or that the  designated  successor
         is  of  good moral character or meets the reasonable
         capital standards and, with consideration  given  to
         the  volume  of sales and service of the dealership,
         uniformly  applied   minimum   business   experience
         standards in the market area;
         (11)  to  prevent or refuse to approve a proposal to
    establish a successor franchise at a location  previously
    approved  by  the  franchiser  when  submitted  with  the
    voluntary  termination  by the existing franchisee unless
    the successor franchisee would not otherwise qualify  for
    a  new  motor vehicle dealer's license under the Illinois
    Vehicle Code or unless the franchiser, having the  burden
    of  proof,  proves that such proposed successor is not of
    good moral character or does not  meet  the  franchiser's
    existing  and  reasonable  capital  standards  and,  with
    consideration given to the volume of sales and service of
    the   dealership,   uniformly  applied  minimum  business
    experience standards in the market  area.  However,  when
    such  a rejection of a proposal is made, the manufacturer
    shall  give  written  notice  of  its  reasons   to   the
    franchisee  within 60 days of receipt by the manufacturer
    of  the  proposal.   However,  nothing  herein  shall  be
    construed  to  prevent  a  franchiser  from  implementing
    affirmative   action    programs    providing    business
    opportunities  for  minorities,  or  from  complying with
    applicable federal, State or local law;
         (12)  to prevent or refuse to grant a franchise to a
    person because such person owns,  has  investment  in  or
    participates  in  the  management of or holds a franchise
    for the sale of another make or line  of  motor  vehicles
    within  7  miles  of the proposed franchise location in a
    county having a population of more than 300,000  persons,
    or  within 12 miles of the proposed franchise location in
    a  county  having  a  population  of  less  than  300,000
    persons; or
         (13)  to prevent or attempt to prevent any new motor
    vehicle dealer from  establishing  any  additional  motor
    vehicle  dealership or other facility limited to the sale
    of factory repurchase vehicles or late model vehicles  or
    otherwise  offering  for sale factory repurchase vehicles
    of the same line make at an existing franchise by failing
    to  make  available  any  contract,  agreement  or  other
    arrangement which is made available or otherwise  offered
    to any person.
    (f)  It  is  deemed  a  violation  for  a manufacturer, a
distributor, a wholesale, a distributor branch or division, a
factory  branch  or  division,  or  a  wholesale  branch   or
division,  or  officer,  agent, broker, shareholder, except a
shareholder of 1% or less of the outstanding  shares  of  any
class  of  securities  of  a  manufacturer,  distributor,  or
wholesaler  which  is a publicly traded corporation, or other
representative, directly or indirectly, to own or  operate  a
place  of  business  as  a  motor vehicle franchisee or motor
vehicle financing affiliate,  except  that,  this  subsection
shall  not  prohibit the ownership or operation of a place of
business by a manufacturer, distributor, or wholesaler for  a
period,  not  to exceed 18 months, during the transition from
one motor vehicle franchisee to another; or the investment in
a motor vehicle franchisee by a manufacturer, distributor, or
wholesaler if the investment  is  for  the  sole  purpose  of
enabling  a  partner  or  shareholder  in  that motor vehicle
franchisee to acquire  an  interest  in  that  motor  vehicle
franchisee  and  that partner or shareholder is not otherwise
employed by or associated with the manufacturer, distributor,
or wholesaler and would  not  otherwise  have  the  requisite
capital  investment  funds  to  invest  in  the motor vehicle
franchisee, and has the right to purchase the  entire  equity
interest  of  the manufacturer, distributor, or wholesaler in
the motor vehicle franchisee within a  reasonable  period  of
time not to exceed 5 years.
(Source: P.A. 89-145, eff. 7-14-95; 90-655, eff. 7-30-98.)

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