Full Text of HB5684 98th General Assembly
HB5684 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5684 Introduced , by Rep. Barbara Flynn Currie SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/5-501 | from Ch. 95 1/2, par. 5-501 |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State shall
suspend or refuse to issue or renew
the license of a motor vehicle dealer, transporter, wrecker, or rebuilder for violations of any tax administered by the Department of Revenue (currently, the Retailers' Occupation Tax Act only). Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 5-501 as follows:
| 6 | | (625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
| 7 | | Sec. 5-501. Denial, suspension or revocation or | 8 | | cancellation of a license. | 9 | | (a) The license of a person issued under this Chapter may | 10 | | be denied,
revoked or suspended if the Secretary of State finds | 11 | | that the applicant,
or the officer, director, shareholder | 12 | | having a ten percent or
greater ownership interest in the | 13 | | corporation, owner, partner, trustee,
manager, employee or the | 14 | | licensee
has:
| 15 | | 1. Violated this Act;
| 16 | | 2. Made any material misrepresentation to the | 17 | | Secretary of State in
connection with an application for a | 18 | | license, junking certificate,
salvage certificate, title | 19 | | or registration;
| 20 | | 3. Committed a fraudulent act in connection with | 21 | | selling,
bartering, exchanging, offering for sale or | 22 | | otherwise dealing in
vehicles, chassis, essential parts, | 23 | | or vehicle shells;
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| 1 | | 4. As a new vehicle dealer has no contract with a | 2 | | manufacturer or
enfranchised distributor to sell that new | 3 | | vehicle in this State;
| 4 | | 5. Not maintained an established place of business as | 5 | | defined in
this Code;
| 6 | | 6. Failed to file or produce for the Secretary of State | 7 | | any
application, report, document or other pertinent | 8 | | books, records,
documents, letters, contracts, required to | 9 | | be filed or produced under
this Code or any rule or | 10 | | regulation made by the Secretary of State
pursuant to this | 11 | | Code;
| 12 | | 7. Previously had, within 3 years, such a license | 13 | | denied, suspended,
revoked, or cancelled under the | 14 | | provisions of subsection (c)(2)
of this Section;
| 15 | | 8. Has committed in any calendar year 3 or more | 16 | | violations, as
determined in any civil or criminal | 17 | | proceeding, of any one or more of
the following Acts:
| 18 | | a. the "Consumer Finance Act";
| 19 | | b. the "Consumer Installment Loan Act";
| 20 | | c. the "Retail Installment Sales Act";
| 21 | | d. the "Motor Vehicle Retail Installment Sales | 22 | | Act";
| 23 | | e. "An Act in relation to the rate of interest and | 24 | | other charges in
connection with sales on credit and | 25 | | the lending of money", approved May
24, 1879, as | 26 | | amended;
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| 1 | | f. "An Act to promote the welfare of wage-earners | 2 | | by regulating the
assignment of wages, and prescribing | 3 | | a penalty for the violation
thereof", approved July 1, | 4 | | 1935, as amended;
| 5 | | g. Part 8 of Article XII of the Code of Civil | 6 | | Procedure; or
| 7 | | h. the "Consumer Fraud Act";
| 8 | | 9. Failed to pay any fees or taxes due under this Act, | 9 | | or has
failed to transmit any fees or taxes received by him | 10 | | for transmittal by
him to the Secretary of State or the | 11 | | State of Illinois;
| 12 | | 10. Converted an abandoned vehicle;
| 13 | | 11. Used a vehicle identification plate or number | 14 | | assigned to a
vehicle other than the one to which | 15 | | originally assigned;
| 16 | | 12. Violated the provisions of Chapter 5 of this Act, | 17 | | as amended;
| 18 | | 13. Violated the provisions of Chapter 4 of this Act, | 19 | | as amended;
| 20 | | 14. Violated the provisions of Chapter 3 of this Act, | 21 | | as amended;
| 22 | | 15. Violated Section 21-2 of the Criminal Code of 1961 | 23 | | or the Criminal Code of 2012, Criminal Trespass
to | 24 | | Vehicles;
| 25 | | 16. Made or concealed a material fact in connection | 26 | | with his application
for a license;
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| 1 | | 17. Acted in the capacity of a person licensed or acted | 2 | | as a licensee
under this Chapter without having a license | 3 | | therefor;
| 4 | | 18. Failed to pay, within 90 days after a final | 5 | | judgment, any fines
assessed against the licensee pursuant | 6 | | to an action brought under Section 5-404;
| 7 | | 19. Failed to pay the Dealer Recovery Trust Fund fee | 8 | | under Section 5-102.7 of this Code; | 9 | | 20. Failed to pay, within 90 days after notice has been | 10 | | given, any fine or fee owed as a result of an | 11 | | administrative citation issued by the Secretary under this | 12 | | Code. | 13 | | (b) In addition to other grounds specified in this Chapter, | 14 | | the
Secretary of State, on complaint of the Department of | 15 | | Revenue, shall
refuse the issuance or renewal of a license, or | 16 | | suspend or revoke such
license, for any of the following | 17 | | violations of any tax administered by the Department of Revenue | 18 | | the "Retailers'
Occupation Tax Act" :
| 19 | | 1. Failure to make a tax return;
| 20 | | 2. The filing of a fraudulent return;
| 21 | | 3. Failure to pay all or part of any tax or penalty | 22 | | finally
determined to be due;
| 23 | | 4. Failure to comply with the bonding requirements of | 24 | | the
"Retailers' Occupation Tax Act".
| 25 | | (b-1) In addition to other grounds specified in this | 26 | | Chapter, the
Secretary of State, on complaint of the Motor |
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| 1 | | Vehicle Review Board, shall
refuse the issuance or renewal of a | 2 | | license, or suspend or revoke that
license, if costs or fees | 3 | | assessed under Section 29 or Section 30 of the Motor Vehicle | 4 | | Franchise Act have remained unpaid for a period in excess of 90 | 5 | | days after the licensee received from the Motor Vehicle Board a | 6 | | second notice and demand for the costs or fees. The Motor | 7 | | Vehicle Review Board must send the licensee written notice and | 8 | | demand for payment of the fees or costs at least 2 times, and | 9 | | the second notice and demand must be sent by certified mail.
| 10 | | (c) Cancellation of a license.
| 11 | | 1. The license of a person issued under this Chapter | 12 | | may be cancelled
by the Secretary of State prior to its | 13 | | expiration in any of the following
situations:
| 14 | | A. When a license is voluntarily surrendered, by | 15 | | the licensed person;
or
| 16 | | B. If the business enterprise is a sole | 17 | | proprietorship, which is not a
franchised dealership, | 18 | | when the sole proprietor dies or is imprisoned for
any | 19 | | period of time exceeding 30 days; or
| 20 | | C. If the license was issued to the wrong person or | 21 | | corporation, or
contains an error on its face. If any | 22 | | person above whose license
has been cancelled wishes to | 23 | | apply for another license, whether during the
same | 24 | | license year or any other year, that person shall be | 25 | | treated as any
other new applicant and the cancellation | 26 | | of the person's prior license
shall not, in and of |
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| 1 | | itself, be a bar to the issuance of a new license.
| 2 | | 2. The license of a person issued under this Chapter | 3 | | may be cancelled
without a hearing when the Secretary of | 4 | | State is notified that the
applicant, or any officer, | 5 | | director, shareholder having a 10 per cent or
greater | 6 | | ownership interest in the corporation, owner, partner, | 7 | | trustee,
manager, employee or member of the applicant or | 8 | | the licensee has been
convicted of any felony involving the | 9 | | selling, bartering, exchanging,
offering for sale, or | 10 | | otherwise dealing in vehicles, chassis, essential
parts, | 11 | | vehicle shells, or ownership documents relating to any of | 12 | | the
above items.
| 13 | | (Source: P.A. 97-480, eff. 10-1-11; 97-838, eff. 7-20-12; | 14 | | 97-1150, eff. 1-25-13.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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