Full Text of HB5204 95th General Assembly
HB5204eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Auction License Act is amended by changing | 5 |
| Section 10-1 as follows:
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| (225 ILCS 407/10-1)
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| (Text of Section after amendment by P.A. 95-572 )
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10-1. Necessity of license; exemptions.
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| (a) It is unlawful for any
person, corporation,
limited | 11 |
| liability company, partnership, or other entity to conduct an | 12 |
| auction,
provide an auction
service, hold himself or herself | 13 |
| out as an auctioneer, or advertise his or her
services as an | 14 |
| auctioneer
in the State of Illinois without a license issued by | 15 |
| the Department under this Act,
except at:
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| (1) an auction conducted solely by or for a | 17 |
| not-for-profit organization
for
charitable
purposes;
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| (2) an auction conducted by the owner of the property, | 19 |
| real or personal;
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| (3) an auction for the sale or lease of real property | 21 |
| conducted by a
licensee
under the
Real Estate License Act, | 22 |
| or its successor Acts, in accordance with the terms of
that | 23 |
| Act;
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| (4) an auction conducted by a business registered as a | 2 |
| market
agency under the federal Packers and Stockyards Act | 3 |
| (7 U.S.C. 181 et seq.) or
under the Livestock Auction | 4 |
| Market Law;
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| (5) an auction conducted by an agent, officer, or | 6 |
| employee of a federal
agency in the conduct of his or her | 7 |
| official duties; and
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| (6) an auction conducted by an agent, officer, or | 9 |
| employee of the State
government or any political | 10 |
| subdivision thereof performing his or her official
duties.
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| (b) Nothing in this Act shall be construed to apply to a | 12 |
| new or used
vehicle dealer
or a vehicle auctioneer licensed by | 13 |
| the Secretary of State of Illinois, or
to any employee of the
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| licensee, who is a resident of the State of Illinois,
while the | 15 |
| employee is acting in the regular scope of his or her | 16 |
| employment for
the licensee
while conducting an auction that is | 17 |
| not open to the public, provided that
only new or used vehicle | 18 |
| dealers,
rebuilders, automotive parts recyclers, or scrap | 19 |
| processors , or out-of-state
salvage vehicle buyers licensed by | 20 |
| the Secretary of State or licensed by
another state or | 21 |
| jurisdiction may buy property at the auction, or to sales by or
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| through the licensee. Out-of-state salvage vehicle buyers | 23 |
| licensed in another state or jurisdiction may also buy property | 24 |
| at the auction.
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| (c) Nothing in this Act shall be construed to prohibit a | 26 |
| person under the
age of 18 from selling property under $250 in |
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| value while under the direct
supervision of a licensed | 2 |
| auctioneer.
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| (d) Nothing in this Act, except Section 10-27, shall be | 4 |
| construed to
apply to a person while providing an Internet | 5 |
| auction listing service as
defined
in Section 10-27.
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| (Source: P.A. 95-572, eff. 6-1-08.)
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| Section 10. The Illinois Vehicle Code is amended by | 8 |
| changing Sections 1-154.7, 3-117.1, 3-118, 5-102, 5-302, | 9 |
| 5-403, and 5-702 as follows:
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| (625 ILCS 5/1-154.7)
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| Sec. 1-154.7. Out-of-state salvage vehicle buyer. A person | 12 |
| who is
licensed in another state or jurisdiction and acquires | 13 |
| salvage or junk vehicles state for the primary purpose of | 14 |
| acquiring salvage vehicles
and who is issued an out-of-state | 15 |
| salvage vehicle buyer's identification card
in
this State for | 16 |
| the sole purpose of acquiring salvage vehicles and taking them
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| out of state.
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| (Source: P.A. 90-89, eff. 1-1-98.)
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| (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
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| Sec. 3-117.1. When junking certificates or salvage | 21 |
| certificates must
be obtained. | 22 |
| (a) Except as provided in Chapter 4 of this Code, a person | 23 |
| who possesses a
junk vehicle shall within 15 days cause the |
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| certificate of title, salvage
certificate, certificate of | 2 |
| purchase, or a similarly acceptable out of state
document of | 3 |
| ownership to be surrendered to the Secretary of State along | 4 |
| with an
application for a junking certificate, except as | 5 |
| provided in Section 3-117.2,
whereupon the Secretary of State | 6 |
| shall issue to such a person a junking
certificate, which shall | 7 |
| authorize the holder thereof to possess, transport,
or, by an | 8 |
| endorsement, transfer ownership in such junked vehicle, and a
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| certificate of title shall not again be issued for such | 10 |
| vehicle.
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| A licensee who possesses a junk vehicle and a Certificate | 12 |
| of Title,
Salvage Certificate, Certificate of Purchase, or a | 13 |
| similarly acceptable
out-of-state document of ownership for | 14 |
| such junk vehicle, may transport the
junk vehicle to another | 15 |
| licensee prior to applying for or obtaining a
junking | 16 |
| certificate, by executing a uniform invoice. The licensee
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| transferor shall furnish a copy of the uniform invoice to the | 18 |
| licensee
transferee at the time of transfer. In any case, the | 19 |
| licensee transferor
shall apply for a junking certificate in | 20 |
| conformance with Section 3-117.1
of this Chapter. The following | 21 |
| information shall be contained on a uniform
invoice:
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| (1) The business name, address and dealer license | 23 |
| number of the person
disposing of the vehicle, junk vehicle | 24 |
| or vehicle cowl;
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| (2) The name and address of the person acquiring the | 26 |
| vehicle, junk
vehicle or vehicle cowl, and if that person |
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| is a dealer, the Illinois or
out-of-state dealer license | 2 |
| number of that dealer;
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| (3) The date of the disposition of the vehicle, junk | 4 |
| vehicle or vehicle
cowl;
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| (4) The year, make, model, color and description of | 6 |
| each vehicle, junk
vehicle or vehicle cowl disposed of by | 7 |
| such person;
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| (5) The manufacturer's vehicle identification number, | 9 |
| Secretary of State
identification number or Illinois | 10 |
| Department of State Police number,
for each vehicle, junk | 11 |
| vehicle or vehicle cowl part disposed of by such person;
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| (6) The printed name and legible signature of the | 13 |
| person or agent
disposing of the vehicle, junk vehicle or | 14 |
| vehicle cowl; and
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| (7) The printed name and legible signature of the | 16 |
| person accepting
delivery of the vehicle, junk vehicle or | 17 |
| vehicle cowl.
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| The Secretary of State may certify a junking manifest in a | 19 |
| form prescribed by
the Secretary of State that reflects those | 20 |
| vehicles for which junking
certificates have been applied or | 21 |
| issued. A junking manifest
may be issued to any person and it | 22 |
| shall constitute evidence of ownership
for the vehicle listed | 23 |
| upon it. A junking manifest may be transferred only
to a person | 24 |
| licensed under Section 5-301 of this Code as a scrap processor.
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| A junking manifest will allow the transportation of those
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| vehicles to a scrap processor prior to receiving the junk |
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| certificate from
the Secretary of State.
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| (b) An application for a salvage certificate shall be | 3 |
| submitted to the
Secretary of State in any of the following | 4 |
| situations:
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| (1) When an insurance company makes a payment of | 6 |
| damages on a total loss
claim for a vehicle, the insurance | 7 |
| company shall be deemed to be the owner of
such vehicle and | 8 |
| the vehicle shall be considered to be salvage except that
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| ownership of (i) a vehicle that has incurred only hail | 10 |
| damage that does
not
affect the operational safety of the | 11 |
| vehicle or (ii) any vehicle
9 model years of age or older | 12 |
| may, by agreement between
the registered owner and the | 13 |
| insurance company, be retained by the registered
owner of | 14 |
| such vehicle. The insurance company shall promptly deliver | 15 |
| or mail
within 20 days the certificate of title along with | 16 |
| proper application and fee
to the Secretary of State, and a | 17 |
| salvage certificate shall be issued in the
name of the | 18 |
| insurance company. Notwithstanding the foregoing, an | 19 |
| insurer making payment of damages on a total loss claim for | 20 |
| the theft of a vehicle shall not be required to apply for a | 21 |
| salvage certificate unless the vehicle is recovered and has | 22 |
| incurred damage that initially would have caused the | 23 |
| vehicle to be declared a total loss by the insurer. An | 24 |
| insurer making payment of damages on a total
loss claim for | 25 |
| the theft of a vehicle may exchange the salvage certificate | 26 |
| for
a certificate of title if the vehicle is recovered |
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| without damage. In such a
situation, the insurer shall fill | 2 |
| out and sign a form prescribed by the
Secretary of State | 3 |
| which contains an affirmation under penalty of perjury that
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| the vehicle was recovered without damage and the Secretary | 5 |
| of State may, by
rule or regulation, require photographs to | 6 |
| be submitted. | 7 |
| (1.1) When a vehicle of a self-insured company is to be | 8 |
| sold in the State of Illinois and has sustained damaged by | 9 |
| collision, fire, theft, rust corrosion, or other means so | 10 |
| that the self-insured company determines the vehicle to be | 11 |
| a total loss, or if the cost of repairing the damage, | 12 |
| including labor, would be greater than 50% of its fair | 13 |
| market value without that damage, the vehicle shall be | 14 |
| considered salvage. The self-insured company shall | 15 |
| promptly deliver the certificate of title along with proper | 16 |
| application and fee to the Secretary of State, and a | 17 |
| salvage certificate shall be issued in the name of the | 18 |
| self-insured company. A self-insured company making | 19 |
| payment of damages on a total loss claim for the theft of a | 20 |
| vehicle may exchange the salvage certificate for a | 21 |
| certificate of title if the vehicle is recovered without | 22 |
| damage. In such a situation, the self-insured shall fill | 23 |
| out and sign a form prescribed by the Secretary of State | 24 |
| which contains an affirmation under penalty of perjury that | 25 |
| the vehicle was recovered without damage and the Secretary | 26 |
| of State may, by rule, require photographs to be submitted.
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| (2) When a vehicle the ownership of which has been | 2 |
| transferred to any
person through a certificate of purchase | 3 |
| from acquisition of the vehicle at an
auction, other | 4 |
| dispositions as set forth in Sections 4-208 and 4-209
of | 5 |
| this Code, a lien arising under Section 18a-501 of this | 6 |
| Code,
or a public sale under the Abandoned Mobile Home Act | 7 |
| shall be deemed
salvage or junk at the option of the | 8 |
| purchaser. The person acquiring such
vehicle in such manner | 9 |
| shall promptly deliver or mail, within 20 days after the
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| acquisition of the vehicle, the certificate of purchase, | 11 |
| the
proper application and fee, and, if the vehicle is an | 12 |
| abandoned mobile home
under the Abandoned Mobile Home Act, | 13 |
| a certification from a local law
enforcement agency that | 14 |
| the vehicle was purchased or acquired at a public sale
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| under the Abandoned Mobile Home Act to the Secretary of | 16 |
| State and a salvage
certificate or junking certificate | 17 |
| shall be issued in the name of that person.
The salvage | 18 |
| certificate or junking certificate issued by the Secretary | 19 |
| of State
under this Section shall be free of any lien that | 20 |
| existed against the vehicle
prior to the time the vehicle | 21 |
| was acquired by the applicant under this Code.
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| (3) A vehicle which has been repossessed by a | 23 |
| lienholder shall be
considered to be salvage only when the | 24 |
| repossessed vehicle, on the date of
repossession by the | 25 |
| lienholder, has sustained damage by collision, fire, | 26 |
| theft,
rust corrosion, or other means so that the cost of |
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| repairing
such damage, including labor, would be greater | 2 |
| than 33 1/3% of its fair market
value without such damage. | 3 |
| If the lienholder determines that such vehicle is
damaged | 4 |
| in excess of 33 1/3% of such fair market value, the | 5 |
| lienholder shall,
before sale, transfer or assignment of | 6 |
| the vehicle, make application for a
salvage certificate, | 7 |
| and shall submit with such application the proper fee
and | 8 |
| evidence of possession. If the facts required to be shown | 9 |
| in
subsection (f) of Section 3-114 are satisfied, the | 10 |
| Secretary of State shall
issue a salvage certificate in the | 11 |
| name of the lienholder making the
application. In any case | 12 |
| wherein the vehicle repossessed is not damaged in
excess of | 13 |
| 33 1/3% of its fair market value, the lienholder
shall | 14 |
| comply with the requirements of subsections (f), (f-5), and | 15 |
| (f-10) of
Section 3-114, except that the affidavit of | 16 |
| repossession made by or on behalf
of the lienholder
shall | 17 |
| also contain an affirmation under penalty of perjury that | 18 |
| the vehicle
on
the date of sale is not
damaged in
excess of | 19 |
| 33 1/3% of its fair market value. If the facts required to | 20 |
| be shown
in subsection (f) of Section 3-114 are satisfied, | 21 |
| the Secretary of State
shall issue a certificate of title | 22 |
| as set forth in Section 3-116 of this Code.
The Secretary | 23 |
| of State may by rule or regulation require photographs to | 24 |
| be
submitted.
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| (4) A vehicle which is a part of a fleet of more than 5 | 26 |
| commercial
vehicles registered in this State or any other |
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| state or registered
proportionately among several states | 2 |
| shall be considered to be salvage when
such vehicle has | 3 |
| sustained damage by collision, fire, theft, rust,
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| corrosion or similar means so that the cost of repairing | 5 |
| such damage, including
labor, would be greater than 33 1/3% | 6 |
| of the fair market value of the vehicle
without such | 7 |
| damage. If the owner of a fleet vehicle desires to sell,
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| transfer, or assign his interest in such vehicle to a | 9 |
| person within this State
other than an insurance company | 10 |
| licensed to do business within this State, and
the owner | 11 |
| determines that such vehicle, at the time of the proposed | 12 |
| sale,
transfer or assignment is damaged in excess of 33 | 13 |
| 1/3% of its fair market
value, the owner shall, before such | 14 |
| sale, transfer or assignment, make
application for a | 15 |
| salvage certificate. The application shall contain with it
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| evidence of possession of the vehicle. If the fleet vehicle | 17 |
| at the time of its
sale, transfer, or assignment is not | 18 |
| damaged in excess of 33 1/3% of its
fair market value, the | 19 |
| owner shall so state in a written affirmation on a
form | 20 |
| prescribed by the Secretary of State by rule or regulation. | 21 |
| The
Secretary of State may by rule or regulation require | 22 |
| photographs to be
submitted. Upon sale, transfer or | 23 |
| assignment of the fleet vehicle the
owner shall mail the | 24 |
| affirmation to the Secretary of State.
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| (5) A vehicle that has been submerged in water to the
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| point that rising water has reached over the door sill and |
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| has
entered the
passenger or trunk compartment is a "flood | 2 |
| vehicle". A flood vehicle shall
be considered to be salvage | 3 |
| only if the vehicle has sustained damage so that
the cost | 4 |
| of repairing the damage, including labor, would be greater | 5 |
| than 33
1/3% of the fair market value of the vehicle | 6 |
| without that damage. The salvage
certificate issued under | 7 |
| this
Section shall indicate the word "flood", and the word | 8 |
| "flood" shall be
conspicuously entered on subsequent | 9 |
| titles for the vehicle. A person who
possesses or acquires | 10 |
| a flood vehicle that is not damaged in excess of 33 1/3%
of | 11 |
| its fair market value shall make application for title in | 12 |
| accordance with
Section 3-116 of this Code, designating the | 13 |
| vehicle as "flood" in a manner
prescribed by the Secretary | 14 |
| of State. The certificate of title issued shall
indicate | 15 |
| the word "flood", and the word "flood" shall be | 16 |
| conspicuously entered
on subsequent titles for the | 17 |
| vehicle.
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| (c) Any person who without authority acquires, sells, | 19 |
| exchanges, gives
away, transfers or destroys or offers to | 20 |
| acquire, sell, exchange, give
away, transfer or destroy the | 21 |
| certificate of title to any vehicle which is
a junk or salvage | 22 |
| vehicle shall be guilty of a Class 3 felony.
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| (d) Any person who knowingly fails to surrender to the | 24 |
| Secretary of State a
certificate of title, salvage certificate, | 25 |
| certificate of purchase or a
similarly acceptable out-of-state | 26 |
| document of ownership as required under
the provisions of this |
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| Section is guilty of a Class A misdemeanor for a
first offense | 2 |
| and a Class 4 felony for a subsequent offense; except that a
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| person licensed under this Code who violates paragraph (5) of | 4 |
| subsection (b)
of this Section is
guilty of a business offense | 5 |
| and shall be fined not less than $1,000 nor more
than $5,000 | 6 |
| for a first offense and is guilty of a Class 4 felony
for a | 7 |
| second or subsequent violation.
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| (e) Any vehicle which is salvage or junk may not be driven | 9 |
| or operated
on roads and highways within this State. A | 10 |
| violation of this subsection is
a Class A misdemeanor. A | 11 |
| salvage vehicle displaying valid special plates
issued under | 12 |
| Section 3-601(b) of this Code, which is being driven to or
from | 13 |
| an inspection conducted under Section 3-308 of this Code, is | 14 |
| exempt
from the provisions of this subsection. A salvage | 15 |
| vehicle for which a
short term permit has been issued under | 16 |
| Section 3-307 of this Code is
exempt from the provisions of | 17 |
| this subsection for the duration of the permit.
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| (Source: P.A. 95-495, eff. 1-1-08.)
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| (625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
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| Sec. 3-118. Application for salvage or junking | 21 |
| certificate; contents.
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| (a) An application for a salvage certificate or junking | 23 |
| certificate
shall be made upon the forms prescribed by the | 24 |
| Secretary of State and contain:
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| 1. The name and address of the owner;
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| 2. A description of the vehicle including, so far as | 2 |
| the following
data exists: its make, year-model, | 3 |
| identifying number, type of body,
whether new or used;
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| 3. The date of purchase by applicant; and
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| 4. Any further information reasonably required by the | 6 |
| Secretary of State.
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| (b) The application for salvage certificate must also | 8 |
| contain the
current odometer reading and that the stated | 9 |
| odometer reading is one of the
following: actual mileage, not | 10 |
| the actual mileage or mileage is in
excess of its mechanical | 11 |
| limits.
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| (c) A salvage certificate may be assigned to any person | 13 |
| licensed under
this Act as a rebuilder, automotive parts | 14 |
| recycler, or scrap processor , or to an
out-of-state salvage | 15 |
| vehicle buyer. A salvage certificate for a vehicle that has | 16 |
| come from a police impoundment may be assigned to a municipal | 17 |
| fire department. A junking certificate may be assigned
to | 18 |
| anyone. The provisions for reassignment by dealers under | 19 |
| paragraph (a)
of Section 3-113 shall apply to salvage | 20 |
| certificates, except as provided
in Section 3-117.2. A salvage | 21 |
| certificate may be reassigned to one other
person to whom a | 22 |
| salvage certificate may be assigned pursuant to this Section | 23 |
| licensed under this Act .
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| (Source: P.A. 95-301, eff. 1-1-08.)
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| (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
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| Sec. 5-102. Used vehicle dealers must be licensed.
| 2 |
| (a) No person, other than a licensed new vehicle dealer, | 3 |
| shall engage in
the business of selling or dealing in, on | 4 |
| consignment or otherwise, 5 or
more used vehicles of any make | 5 |
| during the year (except house trailers as
authorized by | 6 |
| paragraph (j) of this Section and rebuilt salvage vehicles
sold | 7 |
| by their rebuilders to persons licensed under this Chapter), or | 8 |
| act as
an intermediary, agent or broker for any licensed dealer | 9 |
| or vehicle
purchaser (other than as a salesperson) or represent | 10 |
| or advertise that he
is so engaged or intends to so engage in | 11 |
| such business unless licensed to
do so by the Secretary of | 12 |
| State under the provisions of this Section.
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| (b) An application for a used vehicle dealer's license | 14 |
| shall be
filed with the Secretary of State, duly verified by | 15 |
| oath, in such form
as the Secretary of State may by rule or | 16 |
| regulation prescribe and shall
contain:
| 17 |
| 1. The name and type of business organization | 18 |
| established and additional
places of business, if any, in | 19 |
| this State.
| 20 |
| 2. If the applicant is a corporation, a list of its | 21 |
| officers,
directors, and shareholders having a ten percent | 22 |
| or greater ownership
interest in the corporation, setting | 23 |
| forth the residence address of
each; if the applicant is a | 24 |
| sole proprietorship, a partnership, an
unincorporated | 25 |
| association, a trust, or any similar form of business
| 26 |
| organization, the names and residence address of the |
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| proprietor or of
each partner, member, officer, director, | 2 |
| trustee or manager.
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| 3. A statement that the applicant has been approved for | 4 |
| registration
under the Retailers' Occupation Tax Act by the | 5 |
| Department of Revenue. However,
this requirement does not | 6 |
| apply to a dealer who is already licensed
hereunder with | 7 |
| the Secretary of State, and who is merely applying for a
| 8 |
| renewal of his license. As evidence of this fact, the | 9 |
| application shall be
accompanied by a certification from | 10 |
| the Department of Revenue showing that
the Department has | 11 |
| approved the applicant for registration under the
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| Retailers' Occupation Tax Act.
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| 4. A statement that the applicant has complied with the | 14 |
| appropriate
liability insurance requirement. A Certificate | 15 |
| of Insurance in a solvent
company authorized to do business | 16 |
| in the State of Illinois shall be included
with each | 17 |
| application covering each location at which he proposes to | 18 |
| act
as a used vehicle dealer. The policy must provide | 19 |
| liability coverage in
the minimum amounts of $100,000 for | 20 |
| bodily injury to, or death of, any person,
$300,000 for | 21 |
| bodily injury to, or death of, two or more persons in any | 22 |
| one
accident, and $50,000 for damage to property. Such | 23 |
| policy shall expire
not sooner than December 31 of the year | 24 |
| for which the license was issued
or renewed. The expiration | 25 |
| of the insurance policy shall not terminate
the liability | 26 |
| under the policy arising during the period for which the |
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| policy
was filed. Trailer and mobile home dealers are | 2 |
| exempt from this requirement.
| 3 |
| If the permitted user has a liability insurance policy | 4 |
| that provides
automobile
liability insurance coverage of | 5 |
| at least $100,000 for bodily injury to or the
death of any
| 6 |
| person, $300,000 for bodily injury to or the death of any 2 | 7 |
| or more persons in
any one
accident, and $50,000 for damage | 8 |
| to property,
then the permitted user's insurer shall be the | 9 |
| primary
insurer and the
dealer's insurer shall be the | 10 |
| secondary insurer. If the permitted user does not
have a | 11 |
| liability
insurance policy that provides automobile | 12 |
| liability insurance coverage of at
least
$100,000 for | 13 |
| bodily injury to or the death of any person, $300,000 for | 14 |
| bodily
injury to or
the death of any 2 or more persons in | 15 |
| any one accident, and $50,000 for damage
to
property, or | 16 |
| does not have any insurance at all,
then the
dealer's
| 17 |
| insurer shall be the primary insurer and the permitted | 18 |
| user's insurer shall be
the secondary
insurer.
| 19 |
| When a permitted user is "test driving" a used vehicle | 20 |
| dealer's automobile,
the used vehicle dealer's insurance | 21 |
| shall be primary and the permitted user's
insurance shall | 22 |
| be secondary.
| 23 |
| As used in this paragraph 4, a "permitted user" is a | 24 |
| person who, with the
permission of the used vehicle dealer | 25 |
| or an employee of the used vehicle
dealer, drives a vehicle | 26 |
| owned and held for sale or lease by the used vehicle
dealer |
|
|
|
HB5204 Engrossed |
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LRB095 14708 DRH 40629 b |
|
| 1 |
| which the person is considering to purchase or lease, in | 2 |
| order to
evaluate the performance, reliability, or | 3 |
| condition of the vehicle.
The term "permitted user" also | 4 |
| includes a person who, with the permission of
the used
| 5 |
| vehicle dealer, drives a vehicle owned or held for sale or | 6 |
| lease by the used
vehicle dealer
for loaner purposes while | 7 |
| the user's vehicle is being repaired or evaluated.
| 8 |
| As used in this paragraph 4, "test driving" occurs when | 9 |
| a permitted user
who,
with the permission of the used | 10 |
| vehicle dealer or an employee of the used
vehicle
dealer, | 11 |
| drives a vehicle owned and held for sale or lease by a used | 12 |
| vehicle
dealer that the person is considering to purchase | 13 |
| or lease, in order to
evaluate the performance, | 14 |
| reliability, or condition of the
vehicle.
| 15 |
| As used in this paragraph 4, "loaner purposes" means | 16 |
| when a person who,
with the permission of the used vehicle | 17 |
| dealer, drives a vehicle owned or held
for sale or lease by | 18 |
| the used vehicle dealer while the
user's vehicle is being | 19 |
| repaired or evaluated.
| 20 |
| 5. An application for a used vehicle dealer's license | 21 |
| shall be
accompanied by the following license fees:
| 22 |
| $1,000 for applicant's established place of business, | 23 |
| and
$50 for
each additional place of business, if any, to | 24 |
| which the application
pertains; however, if the | 25 |
| application is made after June 15 of any
year, the license | 26 |
| fee shall be $500 for applicant's established
place of
|
|
|
|
HB5204 Engrossed |
- 18 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| business plus $25 for each additional place of business, if | 2 |
| any,
to
which the application pertains. License fees shall | 3 |
| be returnable only in
the event that the application is | 4 |
| denied by
the Secretary of State. Of the money received by | 5 |
| the Secretary of State as
license fees under this Section | 6 |
| for the 2004 licensing year and thereafter, 95%
shall be | 7 |
| deposited into the General Revenue Fund.
| 8 |
| 6. A statement that the applicant's officers, | 9 |
| directors, shareholders
having a 10% or greater ownership | 10 |
| interest therein, proprietor, partner,
member, officer, | 11 |
| director, trustee, manager or other principals in the
| 12 |
| business have not committed in the past 3 years any one | 13 |
| violation as
determined in any civil, criminal or | 14 |
| administrative proceedings of any one
of the following | 15 |
| Acts:
| 16 |
| (A) The Anti Theft Laws of the Illinois Vehicle | 17 |
| Code;
| 18 |
| (B) The Certificate of Title Laws of the Illinois | 19 |
| Vehicle Code;
| 20 |
| (C) The Offenses against Registration and | 21 |
| Certificates of Title
Laws of the Illinois Vehicle | 22 |
| Code;
| 23 |
| (D) The Dealers, Transporters, Wreckers and | 24 |
| Rebuilders Laws of the
Illinois Vehicle Code;
| 25 |
| (E) Section 21-2 of the Illinois Criminal Code of | 26 |
| 1961, Criminal
Trespass to Vehicles; or
|
|
|
|
HB5204 Engrossed |
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LRB095 14708 DRH 40629 b |
|
| 1 |
| (F) The Retailers' Occupation Tax Act.
| 2 |
| 7. A statement that the applicant's officers, | 3 |
| directors,
shareholders having a 10% or greater ownership | 4 |
| interest therein,
proprietor, partner, member, officer, | 5 |
| director, trustee, manager or
other principals in the | 6 |
| business have not committed in any calendar year
3 or more | 7 |
| violations, as determined in any civil or criminal or
| 8 |
| administrative proceedings, of any one or more of the | 9 |
| following Acts:
| 10 |
| (A) The Consumer Finance Act;
| 11 |
| (B) The Consumer Installment Loan Act;
| 12 |
| (C) The Retail Installment Sales Act;
| 13 |
| (D) The Motor Vehicle Retail Installment Sales | 14 |
| Act;
| 15 |
| (E) The Interest Act;
| 16 |
| (F) The Illinois Wage Assignment Act;
| 17 |
| (G) Part 8 of Article XII of the Code of Civil | 18 |
| Procedure; or
| 19 |
| (H) The Consumer Fraud Act.
| 20 |
| 8. A bond or Certificate of Deposit in the amount of | 21 |
| $20,000 for
each location at which the applicant intends to | 22 |
| act as a used vehicle
dealer. The bond shall be for the | 23 |
| term of the license, or its renewal, for
which application | 24 |
| is made, and shall expire not sooner than December 31 of
| 25 |
| the year for which the license was issued or renewed. The | 26 |
| bond shall run
to the People of the State of Illinois, with |
|
|
|
HB5204 Engrossed |
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LRB095 14708 DRH 40629 b |
|
| 1 |
| surety by a bonding or
insurance company authorized to do | 2 |
| business in this State. It shall be
conditioned upon the | 3 |
| proper transmittal of all title and registration fees
and | 4 |
| taxes (excluding taxes under the Retailers' Occupation Tax | 5 |
| Act) accepted
by the applicant as a used vehicle dealer.
| 6 |
| 9. Such other information concerning the business of | 7 |
| the applicant as
the Secretary of State may by rule or | 8 |
| regulation prescribe.
| 9 |
| 10. A statement that the applicant understands Chapter | 10 |
| 1 through
Chapter 5 of this Code.
| 11 |
| (c) Any change which renders no longer accurate any | 12 |
| information
contained in any application for a used vehicle | 13 |
| dealer's license shall
be amended within 30 days after the | 14 |
| occurrence of each change on such
form as the Secretary of | 15 |
| State may prescribe by rule or regulation,
accompanied by an | 16 |
| amendatory fee of $2.
| 17 |
| (d) Anything in this Chapter to the contrary | 18 |
| notwithstanding, no
person shall be licensed as a used vehicle | 19 |
| dealer unless such person
maintains an established place of | 20 |
| business as
defined in this Chapter.
| 21 |
| (e) The Secretary of State shall, within a reasonable time | 22 |
| after
receipt, examine an application submitted to him under | 23 |
| this Section.
Unless the Secretary makes a determination that | 24 |
| the application
submitted to him does not conform to this | 25 |
| Section or that grounds exist
for a denial of the application | 26 |
| under Section 5-501 of this Chapter, he
must grant the |
|
|
|
HB5204 Engrossed |
- 21 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| applicant an original used vehicle dealer's license in
writing | 2 |
| for his established place of business and a supplemental | 3 |
| license
in writing for each additional place of business in | 4 |
| such form as he may
prescribe by rule or regulation which shall | 5 |
| include the following:
| 6 |
| 1. The name of the person licensed;
| 7 |
| 2. If a corporation, the name and address of its | 8 |
| officers or if a
sole proprietorship, a partnership, an | 9 |
| unincorporated association or any
similar form of business | 10 |
| organization, the name and address of the
proprietor or of | 11 |
| each partner, member, officer, director, trustee or
| 12 |
| manager;
| 13 |
| 3. In case of an original license, the established | 14 |
| place of business
of the licensee;
| 15 |
| 4. In the case of a supplemental license, the | 16 |
| established place of
business of the licensee and the | 17 |
| additional place of business to which such
supplemental | 18 |
| license pertains.
| 19 |
| (f) The appropriate instrument evidencing the license or a | 20 |
| certified
copy thereof, provided by the Secretary of State | 21 |
| shall be kept posted,
conspicuously, in the established place | 22 |
| of business of the licensee and
in each additional place of | 23 |
| business, if any, maintained by such
licensee.
| 24 |
| (g) Except as provided in subsection (h) of this Section, | 25 |
| all used
vehicle dealer's licenses granted under this Section | 26 |
| expire by operation
of law on December 31 of the calendar year |
|
|
|
HB5204 Engrossed |
- 22 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| for which they are granted
unless sooner revoked or cancelled | 2 |
| under Section 5-501 of this Chapter.
| 3 |
| (h) A used vehicle dealer's license may be renewed upon | 4 |
| application
and payment of the fee required herein, and | 5 |
| submission of proof of
coverage by an approved bond under the | 6 |
| "Retailers' Occupation Tax Act"
or proof that applicant is not | 7 |
| subject to such bonding requirements, as
in the case of an | 8 |
| original license, but in case an application for the
renewal of | 9 |
| an effective license is made during the month of December,
the | 10 |
| effective license shall remain in force until the application | 11 |
| for
renewal is granted or denied by the Secretary of State.
| 12 |
| (i) All persons licensed as a used vehicle dealer are | 13 |
| required to
furnish each purchaser of a motor vehicle:
| 14 |
| 1. A certificate of title properly assigned to the | 15 |
| purchaser;
| 16 |
| 2. A statement verified under oath that all identifying | 17 |
| numbers on
the vehicle agree with those on the certificate | 18 |
| of title;
| 19 |
| 3. A bill of sale properly executed on behalf of such | 20 |
| person;
| 21 |
| 4. A copy of the Uniform Invoice-transaction reporting | 22 |
| return
referred to in Section 5-402 of this Chapter;
| 23 |
| 5. In the case of a rebuilt vehicle, a copy of the | 24 |
| Disclosure of Rebuilt
Vehicle Status; and
| 25 |
| 6. In the case of a vehicle for which the warranty has | 26 |
| been reinstated, a
copy of the warranty.
|
|
|
|
HB5204 Engrossed |
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LRB095 14708 DRH 40629 b |
|
| 1 |
| (j) A real estate broker holding a valid certificate of | 2 |
| registration issued
pursuant to "The Real Estate Brokers and | 3 |
| Salesmen License Act" may engage
in the business of selling or | 4 |
| dealing in house trailers not his own without
being licensed as | 5 |
| a used vehicle dealer under this Section; however such
broker | 6 |
| shall maintain a record of the transaction including the | 7 |
| following:
| 8 |
| (1) the name and address of the buyer and seller,
| 9 |
| (2) the date of sale,
| 10 |
| (3) a description of the mobile home, including the | 11 |
| vehicle identification
number, make, model, and year, and
| 12 |
| (4) the Illinois certificate of title number.
| 13 |
| The foregoing records shall be available for inspection by | 14 |
| any officer
of the Secretary of State's Office at any | 15 |
| reasonable hour.
| 16 |
| (k) Except at the time of sale or repossession of the | 17 |
| vehicle, no
person licensed as a used vehicle dealer may issue | 18 |
| any other person a newly
created key to a vehicle unless the | 19 |
| used vehicle dealer makes a copy of the
driver's license or | 20 |
| State identification card of the person requesting or
obtaining | 21 |
| the newly created key. The used vehicle dealer must retain the
| 22 |
| copy for 30 days.
| 23 |
| A used vehicle dealer who violates this subsection (k) is | 24 |
| guilty of a
petty offense. Violation of this subsection (k) is | 25 |
| not cause to suspend,
revoke, cancel, or deny renewal of the | 26 |
| used vehicle dealer's license. |
|
|
|
HB5204 Engrossed |
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LRB095 14708 DRH 40629 b |
|
| 1 |
| (l) Used vehicle dealers licensed under this Section shall | 2 |
| provide the Secretary of State a register for the sale at | 3 |
| auction of each salvage or junk certificate vehicle. Each | 4 |
| register shall include the following information: | 5 |
| 1. The year, make, model, style and color of the | 6 |
| vehicle; | 7 |
| 2. The vehicle's manufacturer's identification number | 8 |
| or, if applicable, the Secretary of State or Illinois | 9 |
| Department of State Police identification number; | 10 |
| 3. The date of acquisition of the vehicle; | 11 |
| 4. The name and address of the person from whom the | 12 |
| vehicle was acquired; | 13 |
| 5. The name and address of the person to whom any | 14 |
| vehicle was disposed, the person's Illinois license number | 15 |
| or if the person is an out-of-state salvage vehicle buyer, | 16 |
| the license number from the state or jurisdiction where the | 17 |
| buyer is licensed; and | 18 |
| 6. The purchase price of the vehicle. | 19 |
| The register shall be submitted to the Secretary of State | 20 |
| via written or electronic means within 10 calendar days from | 21 |
| the date of the auction.
| 22 |
| (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32, | 23 |
| eff. 7-1-03.)
| 24 |
| (625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)
| 25 |
| Sec. 5-302. Out-of-state salvage vehicle buyer must be |
|
|
|
HB5204 Engrossed |
- 25 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| licensed. (a) No
person in this State shall sell or offer at | 2 |
| auction salvage vehicles to a
nonresident who is not licensed | 3 |
| in another state or jurisdiction. has not been issued an | 4 |
| out-of-state salvage vehicle buyer's
ID card from the Secretary | 5 |
| of State under this Section. To qualify for this
ID card, the | 6 |
| applicant shall submit with the application an out-of-state
| 7 |
| dealer license which is issued by the applicant's state and is
| 8 |
| substantially equivalent to that of a rebuilder, automotive | 9 |
| parts recycler
or scrap processor, as licensed under this Code.
| 10 |
| (b) (Blank) Any application filed with the Secretary of | 11 |
| State, shall be duly
verified by oath, in such form as the | 12 |
| Secretary of State may by rule or
regulation prescribe .
| 13 |
| (c) (Blank) An application for an out-of-state ID card | 14 |
| shall be accompanied by a
fee of $100; provided however, that | 15 |
| if an application is made after June
15 of
any year, the ID | 16 |
| card fee shall be $50. Any fees shall be returnable only
in the | 17 |
| event that such application is denied by the Secretary of | 18 |
| State .
| 19 |
| (d) (Blank) The Secretary of State shall within a | 20 |
| reasonable time after receipt
thereof, examine an application | 21 |
| submitted to him under this Section and
unless he makes a | 22 |
| determination that the application submitted to him does
not | 23 |
| conform with the requirements of this Section or that grounds | 24 |
| exist for
a denial of the application, as prescribed in Section | 25 |
| 5-501 of this Chapter,
grant the applicant an out-of-state | 26 |
| salvage vehicle buyer's ID card .
|
|
|
|
HB5204 Engrossed |
- 26 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| (e) (Blank) Except as provided in subsection (f) of this | 2 |
| Section, licenses
granted under this Section shall expire by | 3 |
| operation of law on December 31
of the calendar year for which | 4 |
| they are granted unless revoked or cancelled
under the | 5 |
| provisions of Section 5-501 of this Chapter .
| 6 |
| (f) (Blank) Any license granted under this Section may be | 7 |
| renewed upon
application and payment of the fee required for an | 8 |
| original license,
provided however, that where an application | 9 |
| for the renewal of a license
is made during the month of | 10 |
| December, the license in effect at the time of
application for | 11 |
| renewal shall remain in force until such application is
granted | 12 |
| or denied by the Secretary of State .
| 13 |
| (g) An out-of-state salvage vehicle buyer shall be subject | 14 |
| to the
inspection of records pertaining to the acquisition of | 15 |
| salvage vehicles in
this State in accordance with this Code and | 16 |
| such rules as the Secretary of
State may promulgate.
| 17 |
| (h) (Blank) Beginning July 1, 1988, the application filed | 18 |
| with the Secretary of
State shall also contain:
| 19 |
| 1. The name and type of business organization of the | 20 |
| applicant and
his principal or other places of business;
| 21 |
| 2. If the applicant is a corporation, a list of its | 22 |
| officers,
directors, and shareholders having a 10% or greater | 23 |
| ownership
interest in the corporation, setting forth the | 24 |
| residence address of each;
if the applicant is a sole | 25 |
| proprietorship, a partnership, an unincorporated
association, | 26 |
| a trust, or any similar form of business organization, the
|
|
|
|
HB5204 Engrossed |
- 27 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| names and residence address of the proprietor, or of each | 2 |
| partner, member,
officer, director, trustee or manager;
| 3 |
| 3. A statement that the applicant's officers, directors, | 4 |
| shareholders
having a 10% or greater ownership interest | 5 |
| therein, proprietor,
partner, member, officer, director, | 6 |
| trustee, manager, or other principals
in the business have not | 7 |
| committed in the past 3 years any one
violation as determined | 8 |
| in any civil or criminal or administrative
proceedings of any | 9 |
| one of the following Acts:
| 10 |
| (A) The "Anti Theft Laws" of the Illinois Vehicle Code;
| 11 |
| (B) The "Certificate of Title Laws" of the Illinois Vehicle | 12 |
| Code;
| 13 |
| (C) The "Offenses against Registration and Certificates of | 14 |
| Title Laws"
of the Illinois Vehicle Code;
| 15 |
| (D) The "Dealers, Transporters, Wreckers and Rebuilders | 16 |
| Laws" of the
Illinois Vehicle Code;
| 17 |
| (E) Section 21-2 of the Criminal Code of 1961, Criminal | 18 |
| Trespass to Vehicles; or
| 19 |
| (F) The "Retailers Occupation Tax Act";
| 20 |
| 4. A statement that the applicant's officers, directors, | 21 |
| shareholders
having a 10% or greater ownership interest | 22 |
| therein, proprietor,
partner, member, officer, director, | 23 |
| trustee, manager or other principals
in the business have not | 24 |
| committed in any calendar year 3
or more violations, as | 25 |
| determined in any civil or criminal or administrative
| 26 |
| proceedings, of any one or more of the following Acts:
|
|
|
|
HB5204 Engrossed |
- 28 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| (A) The "Consumer Finance Act";
| 2 |
| (B) The "Consumer Installment Loan Act";
| 3 |
| (C) The "Retail Installment Sales Act";
| 4 |
| (D) The "Motor Vehicle Retail Installment Sales Act";
| 5 |
| (E) "An Act in relation to the rate of interest and other | 6 |
| charges in
connection with sales on credit and the lending of | 7 |
| money", approved May 24,
1879, as amended;
| 8 |
| (F) "An Act to promote the welfare of wage earners by | 9 |
| regulating the
assignment of wages, and prescribing a penalty | 10 |
| for the violation thereof",
approved July 1, 1935, as amended;
| 11 |
| (G) Part 8 of Article XII of the Code of Civil Procedure; | 12 |
| or
| 13 |
| (H) The "Consumer Fraud Act"; and
| 14 |
| 5. A statement that the applicant understands Chapters 1 | 15 |
| through
5 of this Code .
| 16 |
| (i) (Blank) Any change which renders no longer accurate any | 17 |
| information
contained in any application for a license filed | 18 |
| with the Secretary of
State shall be amended within 30 days | 19 |
| after the occurrence of such
change on such form as the | 20 |
| Secretary of State may prescribe by rule or
regulation, | 21 |
| accompanied by an amendatory fee of $2 .
| 22 |
| (Source: P.A. 86-444.)
| 23 |
| (625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
| 24 |
| Sec. 5-403. (1) Authorized representatives of the | 25 |
| Secretary of State
including officers of the Secretary of |
|
|
|
HB5204 Engrossed |
- 29 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| State's Department of Police, other
peace officers, and such | 2 |
| other individuals as the Secretary may designate
from time to | 3 |
| time shall make inspections of individuals and facilities | 4 |
| licensed
or required to be licensed under Chapter 5 of the | 5 |
| Illinois Vehicle Code
for the purpose of reviewing records | 6 |
| required to be maintained under
Chapter 5 for accuracy and | 7 |
| completeness and reviewing and examining the
premises of the | 8 |
| licensee's established or additional place of business
for the | 9 |
| purpose of determining the accuracy of the required records.
| 10 |
| Premises that may be inspected in order to determine the | 11 |
| accuracy of the
books and records required to be kept includes | 12 |
| all premises used by the
licensee to store vehicles and parts | 13 |
| that are reflected by the required books and records.
| 14 |
| (2) Persons having knowledge of or conducting inspections | 15 |
| pursuant to
this Chapter shall not in advance of such | 16 |
| inspections knowingly notify a
licensee or representative of a | 17 |
| licensee of the contemplated inspection
unless the Secretary or | 18 |
| an individual designated by him for this purpose
authorizes | 19 |
| such notification. Any individual who, without authorization,
| 20 |
| knowingly violates this subparagraph shall be guilty of a Class | 21 |
| A misdemeanor.
| 22 |
| (3) The licensee or a representative of the licensee shall | 23 |
| be entitled
to be present during an inspection conducted | 24 |
| pursuant to Chapter 5, however,
the presence of the licensee or | 25 |
| an authorized representative of the licensee
is not a condition | 26 |
| precedent to such an inspection.
|
|
|
|
HB5204 Engrossed |
- 30 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| (4) Inspection conducted pursuant to Chapter 5 may be | 2 |
| initiated at any
time that business is being conducted or work | 3 |
| is being performed, whether
or not open to the public or when | 4 |
| the licensee or a representative of the
licensee, other than a | 5 |
| mere custodian or watchman, is present. The fact
that a | 6 |
| licensee or representative of the licensee leaves the licensed | 7 |
| premises
after an inspection has been initiated shall not | 8 |
| require the termination
of the inspection.
| 9 |
| (5) Any inspection conducted pursuant to Chapter 5 shall | 10 |
| not continue
for more than 24 hours after initiation.
| 11 |
| (6) In the event information comes to the attention of the | 12 |
| individuals
conducting an inspection that may give rise to the | 13 |
| necessity of obtaining
a search warrant, and in the event steps | 14 |
| are initiated for the procurement
of a search warrant, the | 15 |
| individuals conducting such inspection may take
all necessary | 16 |
| steps to secure the premises under inspection until the warrant
| 17 |
| application is acted upon by a judicial officer.
| 18 |
| (7) No more than 6 inspections of a premises may be | 19 |
| conducted pursuant
to Chapter 5 within any 6 month period | 20 |
| except pursuant to a search warrant.
Notwithstanding this | 21 |
| limitation, nothing in this subparagraph (7) shall be
construed | 22 |
| to limit the authority of law enforcement agents to respond to
| 23 |
| public complaints of violations of the Code. For the purpose of | 24 |
| this
subparagraph (7), a public complaint is one in which the | 25 |
| complainant identifies
himself or herself and sets forth, in | 26 |
| writing, the specific basis for their
complaint against the |
|
|
|
HB5204 Engrossed |
- 31 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| licensee. For the purpose of this subparagraph (7), the | 2 |
| inspection of records pertaining only to scrap metals, as | 3 |
| provided in subdivision (a)(5) of Section 5-401.3 of this Code, | 4 |
| shall not be counted as an inspection of a premises.
| 5 |
| (8) Nothing in this Section shall be construed to limit the | 6 |
| authority
of individuals by the Secretary pursuant to this | 7 |
| Section to conduct searches
of licensees pursuant to a duly | 8 |
| issued and authorized search warrant.
| 9 |
| (9) Any licensee who, having been informed by a person | 10 |
| authorized to
make inspections and examine records under this | 11 |
| Section that he desires to
inspect records and the licensee's | 12 |
| premises as authorized by this Section,
refuses either to | 13 |
| produce for that person records required to be kept by
this | 14 |
| Chapter or to permit such authorized person to make an | 15 |
| inspection of
the premises in accordance with this Section | 16 |
| shall subject the license to
immediate suspension by the | 17 |
| Secretary of State.
| 18 |
| (10) Beginning July 1, 1988, any person referenced licensed | 19 |
| under Section 5-302 shall
produce for inspection upon demand | 20 |
| those records pertaining to the
acquisition of salvage vehicles | 21 |
| in this State. This inspection may be
conducted at the | 22 |
| principal offices of the Secretary of State.
| 23 |
| (Source: P.A. 95-253, eff. 1-1-08.)
| 24 |
| (625 ILCS 5/5-702) (from Ch. 95 1/2, par. 5-702)
| 25 |
| Sec. 5-702. No person shall engage in the business of |
|
|
|
HB5204 Engrossed |
- 32 - |
LRB095 14708 DRH 40629 b |
|
| 1 |
| auctioning any
vehicles for which a salvage certificate is | 2 |
| required by law
except to a bidder who is an out-of-state | 3 |
| salvage vehicle buyer or who is properly licensed
as a | 4 |
| rebuilder, automotive parts recycler, or scrap processor or | 5 |
| out-of-state
salvage buyer , as required by Section Sections | 6 |
| 5-301 and 5-302 of this Chapter.
| 7 |
| (Source: P.A. 89-663, eff. 8-14-96.)
|
|