Full Text of SB3082 98th General Assembly
SB3082 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3082 Introduced 2/7/2014, by Sen. Napoleon Harris, III SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/1-171.3 | | 625 ILCS 5/5-102 | from Ch. 95 1/2, par. 5-102 | 625 ILCS 5/5-301 | from Ch. 95 1/2, par. 5-301 | 625 ILCS 5/5-702 | from Ch. 95 1/2, par. 5-702 |
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Amends the Illinois Vehicle Code. Includes salvage vehicles in the definition of repairer. Provides that licensed repairers selling rebuilt salvage vehicles are not required to have a used vehicle dealer's license. Provides that licensed repairers may rebuild salvage vehicles. Provides that licensed repairers may purchase vehicles for which a salvage certificate is required at auction.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 | | Sections 1-171.3, 5-102, 5-301, and 5-702 as follows:
| 6 | | (625 ILCS 5/1-171.3)
| 7 | | Sec. 1-171.3. Repairer. A person who is in the business of | 8 | | returning a
vehicle other than a vehicle for which a salvage | 9 | | certificate has been issued
back to its original or operating | 10 | | condition by restoring, mending,
straightening, replacing, | 11 | | altering, or painting its essential parts.
| 12 | | (Source: P.A. 90-89, eff. 1-1-98.)
| 13 | | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| 14 | | Sec. 5-102. Used vehicle dealers must be licensed.
| 15 | | (a) No person, other than a licensed new vehicle dealer, | 16 | | shall engage in
the business of selling or dealing in, on | 17 | | consignment or otherwise, 5 or
more used vehicles of any make | 18 | | during the year (except house trailers as
authorized by | 19 | | paragraph (j) of this Section and rebuilt salvage vehicles
sold | 20 | | by their rebuilders or repairers to persons licensed under this | 21 | | Chapter), or act as
an intermediary, agent or broker for any | 22 | | licensed dealer or vehicle
purchaser (other than as a |
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| 1 | | salesperson) or represent or advertise that he
is so engaged or | 2 | | intends to so engage in such business unless licensed to
do so | 3 | | by the Secretary of State under the provisions of this Section.
| 4 | | (b) An application for a used vehicle dealer's license | 5 | | shall be
filed with the Secretary of State, duly verified by | 6 | | oath, in such form
as the Secretary of State may by rule or | 7 | | regulation prescribe and shall
contain:
| 8 | | 1. The name and type of business organization | 9 | | established and additional
places of business, if any, in | 10 | | this State.
| 11 | | 2. If the applicant is a corporation, a list of its | 12 | | officers,
directors, and shareholders having a ten percent | 13 | | or greater ownership
interest in the corporation, setting | 14 | | forth the residence address of
each; if the applicant is a | 15 | | sole proprietorship, a partnership, an
unincorporated | 16 | | association, a trust, or any similar form of business
| 17 | | organization, the names and residence address of the | 18 | | proprietor or of
each partner, member, officer, director, | 19 | | trustee or manager.
| 20 | | 3. A statement that the applicant has been approved for | 21 | | registration
under the Retailers' Occupation Tax Act by the | 22 | | Department of Revenue. However,
this requirement does not | 23 | | apply to a dealer who is already licensed
hereunder with | 24 | | the Secretary of State, and who is merely applying for a
| 25 | | renewal of his license. As evidence of this fact, the | 26 | | application shall be
accompanied by a certification from |
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| 1 | | the Department of Revenue showing that
the Department has | 2 | | approved the applicant for registration under the
| 3 | | Retailers' Occupation Tax Act.
| 4 | | 4. A statement that the applicant has complied with the | 5 | | appropriate
liability insurance requirement. A Certificate | 6 | | of Insurance in a solvent
company authorized to do business | 7 | | in the State of Illinois shall be included
with each | 8 | | application covering each location at which he proposes to | 9 | | act
as a used vehicle dealer. The policy must provide | 10 | | liability coverage in
the minimum amounts of $100,000 for | 11 | | bodily injury to, or death of, any person,
$300,000 for | 12 | | bodily injury to, or death of, two or more persons in any | 13 | | one
accident, and $50,000 for damage to property. Such | 14 | | policy shall expire
not sooner than December 31 of the year | 15 | | for which the license was issued
or renewed. The expiration | 16 | | of the insurance policy shall not terminate
the liability | 17 | | under the policy arising during the period for which the | 18 | | policy
was filed. Trailer and mobile home dealers are | 19 | | exempt from this requirement.
| 20 | | If the permitted user has a liability insurance policy | 21 | | that provides
automobile
liability insurance coverage of | 22 | | at least $100,000 for bodily injury to or the
death of any
| 23 | | person, $300,000 for bodily injury to or the death of any 2 | 24 | | or more persons in
any one
accident, and $50,000 for damage | 25 | | to property,
then the permitted user's insurer shall be the | 26 | | primary
insurer and the
dealer's insurer shall be the |
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| 1 | | secondary insurer. If the permitted user does not
have a | 2 | | liability
insurance policy that provides automobile | 3 | | liability insurance coverage of at
least
$100,000 for | 4 | | bodily injury to or the death of any person, $300,000 for | 5 | | bodily
injury to or
the death of any 2 or more persons in | 6 | | any one accident, and $50,000 for damage
to
property, or | 7 | | does not have any insurance at all,
then the
dealer's
| 8 | | insurer shall be the primary insurer and the permitted | 9 | | user's insurer shall be
the secondary
insurer.
| 10 | | When a permitted user is "test driving" a used vehicle | 11 | | dealer's automobile,
the used vehicle dealer's insurance | 12 | | shall be primary and the permitted user's
insurance shall | 13 | | be secondary.
| 14 | | As used in this paragraph 4, a "permitted user" is a | 15 | | person who, with the
permission of the used vehicle dealer | 16 | | or an employee of the used vehicle
dealer, drives a vehicle | 17 | | owned and held for sale or lease by the used vehicle
dealer | 18 | | which the person is considering to purchase or lease, in | 19 | | order to
evaluate the performance, reliability, or | 20 | | condition of the vehicle.
The term "permitted user" also | 21 | | includes a person who, with the permission of
the used
| 22 | | vehicle dealer, drives a vehicle owned or held for sale or | 23 | | lease by the used
vehicle dealer
for loaner purposes while | 24 | | the user's vehicle is being repaired or evaluated.
| 25 | | As used in this paragraph 4, "test driving" occurs when | 26 | | a permitted user
who,
with the permission of the used |
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| 1 | | vehicle dealer or an employee of the used
vehicle
dealer, | 2 | | drives a vehicle owned and held for sale or lease by a used | 3 | | vehicle
dealer that the person is considering to purchase | 4 | | or lease, in order to
evaluate the performance, | 5 | | reliability, or condition of the
vehicle.
| 6 | | As used in this paragraph 4, "loaner purposes" means | 7 | | when a person who,
with the permission of the used vehicle | 8 | | dealer, drives a vehicle owned or held
for sale or lease by | 9 | | the used vehicle dealer while the
user's vehicle is being | 10 | | repaired or evaluated.
| 11 | | 5. An application for a used vehicle dealer's license | 12 | | shall be
accompanied by the following license fees:
| 13 | | (A) $1,000 for applicant's established place of | 14 | | business, and
$50 for
each additional place of | 15 | | business, if any, to which the application
pertains; | 16 | | however, if the application is made after June 15 of | 17 | | any
year, the license fee shall be $500 for applicant's | 18 | | established
place of
business plus $25 for each | 19 | | additional place of business, if any,
to
which the | 20 | | application pertains. License fees shall be returnable | 21 | | only in
the event that the application is denied by
the | 22 | | Secretary of State. Of the money received by the | 23 | | Secretary of State as
license fees under this | 24 | | subparagraph (A) for the 2004 licensing year and | 25 | | thereafter, 95%
shall be deposited into the General | 26 | | Revenue Fund.
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| 1 | | (B) Except for dealers selling 25 or fewer | 2 | | automobiles or as provided in subsection (h) of Section | 3 | | 5-102.7 of this Code, an Annual Dealer Recovery Fund | 4 | | Fee in the amount of $500 for the applicant's | 5 | | established place of business, and $50 for each | 6 | | additional place of business, if any, to which the | 7 | | application pertains; but if the application is made | 8 | | after June 15 of any year, the fee shall be $250 for | 9 | | the applicant's established place of business plus $25 | 10 | | for each additional place of business, if any, to which | 11 | | the application pertains. For a license renewal | 12 | | application, the fee shall be based on the amount of | 13 | | automobiles sold in the past year according to the | 14 | | following formula: | 15 | | (1) $0 for dealers selling 25 or less | 16 | | automobiles; | 17 | | (2) $150 for dealers selling more than 25 but | 18 | | less than 200 automobiles; | 19 | | (3) $300 for dealers selling 200 or more | 20 | | automobiles but less than 300 automobiles; and | 21 | | (4) $500 for dealers selling 300 or more | 22 | | automobiles. | 23 | | License fees shall be returnable only in the event | 24 | | that the application is denied by the Secretary of | 25 | | State. Moneys received under this subparagraph (B) | 26 | | shall be deposited into the Dealer Recovery Trust Fund.
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| 1 | | 6. A statement that the applicant's officers, | 2 | | directors, shareholders
having a 10% or greater ownership | 3 | | interest therein, proprietor, partner,
member, officer, | 4 | | director, trustee, manager or other principals in the
| 5 | | business have not committed in the past 3 years any one | 6 | | violation as
determined in any civil, criminal or | 7 | | administrative proceedings of any one
of the following | 8 | | Acts:
| 9 | | (A) The Anti Theft Laws of the Illinois Vehicle | 10 | | Code;
| 11 | | (B) The Certificate of Title Laws of the Illinois | 12 | | Vehicle Code;
| 13 | | (C) The Offenses against Registration and | 14 | | Certificates of Title
Laws of the Illinois Vehicle | 15 | | Code;
| 16 | | (D) The Dealers, Transporters, Wreckers and | 17 | | Rebuilders Laws of the
Illinois Vehicle Code;
| 18 | | (E) Section 21-2 of the Illinois Criminal Code of | 19 | | 1961 or the Criminal Code of 2012, Criminal
Trespass to | 20 | | Vehicles; or
| 21 | | (F) The Retailers' Occupation Tax Act.
| 22 | | 7. A statement that the applicant's officers, | 23 | | directors,
shareholders having a 10% or greater ownership | 24 | | interest therein,
proprietor, partner, member, officer, | 25 | | director, trustee, manager or
other principals in the | 26 | | business have not committed in any calendar year
3 or more |
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| 1 | | violations, as determined in any civil or criminal or
| 2 | | administrative proceedings, of any one or more of the | 3 | | following Acts:
| 4 | | (A) The Consumer Finance Act;
| 5 | | (B) The Consumer Installment Loan Act;
| 6 | | (C) The Retail Installment Sales Act;
| 7 | | (D) The Motor Vehicle Retail Installment Sales | 8 | | Act;
| 9 | | (E) The Interest Act;
| 10 | | (F) The Illinois Wage Assignment Act;
| 11 | | (G) Part 8 of Article XII of the Code of Civil | 12 | | Procedure; or
| 13 | | (H) The Consumer Fraud Act.
| 14 | | 8. A bond or Certificate of Deposit in the amount of | 15 | | $20,000 for
each location at which the applicant intends to | 16 | | act as a used vehicle
dealer. The bond shall be for the | 17 | | term of the license, or its renewal, for
which application | 18 | | is made, and shall expire not sooner than December 31 of
| 19 | | the year for which the license was issued or renewed. The | 20 | | bond shall run
to the People of the State of Illinois, with | 21 | | surety by a bonding or
insurance company authorized to do | 22 | | business in this State. It shall be
conditioned upon the | 23 | | proper transmittal of all title and registration fees
and | 24 | | taxes (excluding taxes under the Retailers' Occupation Tax | 25 | | Act) accepted
by the applicant as a used vehicle dealer.
| 26 | | 9. Such other information concerning the business of |
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| 1 | | the applicant as
the Secretary of State may by rule or | 2 | | regulation prescribe.
| 3 | | 10. A statement that the applicant understands Chapter | 4 | | 1 through
Chapter 5 of this Code.
| 5 | | 11. A copy of the certification from the prelicensing | 6 | | education
program. | 7 | | (c) Any change which renders no longer accurate any | 8 | | information
contained in any application for a used vehicle | 9 | | dealer's license shall
be amended within 30 days after the | 10 | | occurrence of each change on such
form as the Secretary of | 11 | | State may prescribe by rule or regulation,
accompanied by an | 12 | | amendatory fee of $2.
| 13 | | (d) Anything in this Chapter to the contrary | 14 | | notwithstanding, no
person shall be licensed as a used vehicle | 15 | | dealer unless such person
maintains an established place of | 16 | | business as
defined in this Chapter.
| 17 | | (e) The Secretary of State shall, within a reasonable time | 18 | | after
receipt, examine an application submitted to him under | 19 | | this Section.
Unless the Secretary makes a determination that | 20 | | the application
submitted to him does not conform to this | 21 | | Section or that grounds exist
for a denial of the application | 22 | | under Section 5-501 of this Chapter, he
must grant the | 23 | | applicant an original used vehicle dealer's license in
writing | 24 | | for his established place of business and a supplemental | 25 | | license
in writing for each additional place of business in | 26 | | such form as he may
prescribe by rule or regulation which shall |
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| 1 | | include the following:
| 2 | | 1. The name of the person licensed;
| 3 | | 2. If a corporation, the name and address of its | 4 | | officers or if a
sole proprietorship, a partnership, an | 5 | | unincorporated association or any
similar form of business | 6 | | organization, the name and address of the
proprietor or of | 7 | | each partner, member, officer, director, trustee or
| 8 | | manager;
| 9 | | 3. In case of an original license, the established | 10 | | place of business
of the licensee;
| 11 | | 4. In the case of a supplemental license, the | 12 | | established place of
business of the licensee and the | 13 | | additional place of business to which such
supplemental | 14 | | license pertains.
| 15 | | (f) The appropriate instrument evidencing the license or a | 16 | | certified
copy thereof, provided by the Secretary of State | 17 | | shall be kept posted,
conspicuously, in the established place | 18 | | of business of the licensee and
in each additional place of | 19 | | business, if any, maintained by such
licensee.
| 20 | | (g) Except as provided in subsection (h) of this Section, | 21 | | all used
vehicle dealer's licenses granted under this Section | 22 | | expire by operation
of law on December 31 of the calendar year | 23 | | for which they are granted
unless sooner revoked or cancelled | 24 | | under Section 5-501 of this Chapter.
| 25 | | (h) A used vehicle dealer's license may be renewed upon | 26 | | application
and payment of the fee required herein, and |
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| 1 | | submission of proof of
coverage by an approved bond under the | 2 | | "Retailers' Occupation Tax Act"
or proof that applicant is not | 3 | | subject to such bonding requirements, as
in the case of an | 4 | | original license, but in case an application for the
renewal of | 5 | | an effective license is made during the month of December,
the | 6 | | effective license shall remain in force until the application | 7 | | for
renewal is granted or denied by the Secretary of State.
| 8 | | (i) All persons licensed as a used vehicle dealer are | 9 | | required to
furnish each purchaser of a motor vehicle:
| 10 | | 1. A certificate of title properly assigned to the | 11 | | purchaser;
| 12 | | 2. A statement verified under oath that all identifying | 13 | | numbers on
the vehicle agree with those on the certificate | 14 | | of title;
| 15 | | 3. A bill of sale properly executed on behalf of such | 16 | | person;
| 17 | | 4. A copy of the Uniform Invoice-transaction reporting | 18 | | return
referred to in Section 5-402 of this Chapter;
| 19 | | 5. In the case of a rebuilt vehicle, a copy of the | 20 | | Disclosure of Rebuilt
Vehicle Status; and
| 21 | | 6. In the case of a vehicle for which the warranty has | 22 | | been reinstated, a
copy of the warranty.
| 23 | | (j) A real estate broker holding a valid certificate of | 24 | | registration issued
pursuant to "The Real Estate Brokers and | 25 | | Salesmen License Act" may engage
in the business of selling or | 26 | | dealing in house trailers not his own without
being licensed as |
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| 1 | | a used vehicle dealer under this Section; however such
broker | 2 | | shall maintain a record of the transaction including the | 3 | | following:
| 4 | | (1) the name and address of the buyer and seller,
| 5 | | (2) the date of sale,
| 6 | | (3) a description of the mobile home, including the | 7 | | vehicle identification
number, make, model, and year, and
| 8 | | (4) the Illinois certificate of title number.
| 9 | | The foregoing records shall be available for inspection by | 10 | | any officer
of the Secretary of State's Office at any | 11 | | reasonable hour.
| 12 | | (k) Except at the time of sale or repossession of the | 13 | | vehicle, no
person licensed as a used vehicle dealer may issue | 14 | | any other person a newly
created key to a vehicle unless the | 15 | | used vehicle dealer makes a copy of the
driver's license or | 16 | | State identification card of the person requesting or
obtaining | 17 | | the newly created key. The used vehicle dealer must retain the
| 18 | | copy for 30 days.
| 19 | | A used vehicle dealer who violates this subsection (k) is | 20 | | guilty of a
petty offense. Violation of this subsection (k) is | 21 | | not cause to suspend,
revoke, cancel, or deny renewal of the | 22 | | used vehicle dealer's license. | 23 | | (l) Used vehicle dealers licensed under this Section shall | 24 | | provide the Secretary of State a register for the sale at | 25 | | auction of each salvage or junk certificate vehicle. Each | 26 | | register shall include the following information: |
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| 1 | | 1. The year, make, model, style and color of the | 2 | | vehicle; | 3 | | 2. The vehicle's manufacturer's identification number | 4 | | or, if applicable, the Secretary of State or Illinois | 5 | | Department of State Police identification number; | 6 | | 3. The date of acquisition of the vehicle; | 7 | | 4. The name and address of the person from whom the | 8 | | vehicle was acquired; | 9 | | 5. The name and address of the person to whom any | 10 | | vehicle was disposed, the person's Illinois license number | 11 | | or if the person is an out-of-state salvage vehicle buyer, | 12 | | the license number from the state or jurisdiction where the | 13 | | buyer is licensed; and | 14 | | 6. The purchase price of the vehicle. | 15 | | The register shall be submitted to the Secretary of State | 16 | | via written or electronic means within 10 calendar days from | 17 | | the date of the auction.
| 18 | | (Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13; | 19 | | 98-450, eff. 1-1-14.)
| 20 | | (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
| 21 | | Sec. 5-301. Automotive parts recyclers, scrap processors, | 22 | | repairers and
rebuilders must be licensed. | 23 | | (a) No person in this State shall, except as an incident to
| 24 | | the servicing of vehicles, carry on or conduct the business
of | 25 | | an a automotive parts recycler recyclers , a scrap processor, a |
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| 1 | | repairer,
or a rebuilder, unless licensed to do so in writing | 2 | | by the Secretary of
State under this Section. No person shall | 3 | | rebuild a salvage vehicle
unless such person is licensed as a | 4 | | rebuilder or repairer by the Secretary of State
under this | 5 | | Section. No person shall engage in the business of acquiring 5 | 6 | | or more previously owned vehicles in one calendar year for the | 7 | | primary purpose of disposing of those vehicles in the manner | 8 | | described in the definition of a "scrap processor" in this Code | 9 | | unless the person is licensed as an automotive parts recycler | 10 | | by the Secretary of State under this Section. Each license | 11 | | shall be applied for and issued
separately, except that a | 12 | | license issued to a new vehicle dealer under
Section 5-101 of | 13 | | this Code shall also be deemed to be a repairer license.
| 14 | | (b) Any application filed with the Secretary of State, | 15 | | shall be duly
verified by oath, in such form as the Secretary | 16 | | of State may by rule or
regulation prescribe and shall contain:
| 17 | | 1. The name and type of business organization of the | 18 | | applicant and
his principal or additional places of | 19 | | business, if any, in this State.
| 20 | | 2. The kind or kinds of business enumerated in | 21 | | subsection (a) of
this Section to be conducted at each | 22 | | location.
| 23 | | 3. If the applicant is a corporation, a list of its | 24 | | officers,
directors, and shareholders having a ten percent | 25 | | or greater ownership
interest in the corporation, setting | 26 | | forth the residence address of each;
if the applicant is a |
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| 1 | | sole proprietorship, a partnership, an unincorporated
| 2 | | association, a trust, or any similar form of business | 3 | | organization, the
names and residence address of the | 4 | | proprietor or of each partner, member,
officer, director, | 5 | | trustee or manager.
| 6 | | 4. A statement that the applicant's officers, | 7 | | directors, shareholders
having a ten percent or greater | 8 | | ownership interest therein, proprietor,
partner, member, | 9 | | officer, director, trustee, manager, or other principals
| 10 | | in the business have not committed in the past three years | 11 | | any one
violation as determined in any civil or criminal or | 12 | | administrative
proceedings of any one of the following | 13 | | Acts:
| 14 | | (a) The Anti-Theft Anti Theft Laws of the Illinois | 15 | | Vehicle Code;
| 16 | | (b) The "Certificate of Title Laws" of the Illinois | 17 | | Vehicle Code;
| 18 | | (c) The "Offenses against Registration and | 19 | | Certificates of Title Laws"
of the Illinois Vehicle | 20 | | Code;
| 21 | | (d) The "Dealers, Transporters, Wreckers and | 22 | | Rebuilders Laws" of the
Illinois Vehicle Code;
| 23 | | (e) Section 21-2 of the Criminal Code of 1961 or | 24 | | the Criminal Code of 2012, Criminal Trespass to
| 25 | | Vehicles; or
| 26 | | (f) The Retailers Occupation Tax Act.
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| 1 | | 5. A statement that the applicant's officers, | 2 | | directors, shareholders
having a ten percent or greater | 3 | | ownership interest therein, proprietor,
partner, member, | 4 | | officer, director, trustee, manager or other principals
in | 5 | | the business have not committed in any calendar year 3 or | 6 | | more
violations, as determined in any civil or criminal or | 7 | | administrative
proceedings, of any one or more of the | 8 | | following Acts:
| 9 | | (a) The Consumer Finance Act;
| 10 | | (b) The Consumer Installment Loan Act;
| 11 | | (c) The Retail Installment Sales Act;
| 12 | | (d) The Motor Vehicle Retail Installment Sales | 13 | | Act;
| 14 | | (e) The Interest Act;
| 15 | | (f) The Illinois Wage Assignment Act;
| 16 | | (g) Part 8 of Article XII of the Code of Civil | 17 | | Procedure; or
| 18 | | (h) The Consumer Fraud Act.
| 19 | | 6. An application for a license shall be accompanied by | 20 | | the
following fees:
$50 for applicant's established place | 21 | | of business;
$25 for each
additional place of business, if | 22 | | any, to which the application pertains;
provided, however, | 23 | | that if such an application is made after June 15 of
any | 24 | | year, the license fee shall be $25 for applicant's | 25 | | established
place
of business plus $12.50 for each | 26 | | additional place of business, if
any,
to which the |
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| 1 | | application pertains. License fees shall be returnable | 2 | | only
in the event that such application shall be denied by | 3 | | the Secretary of
State.
| 4 | | 7. A statement that the applicant understands Chapter 1 | 5 | | through
Chapter 5 of this Code.
| 6 | | 8. A statement that the applicant shall comply with
| 7 | | subsection (e)
of this Section.
| 8 | | (c) Any change which renders no longer accurate any | 9 | | information
contained in any application for a license filed | 10 | | with the Secretary of
State shall be amended within 30 days | 11 | | after the occurrence of such
change on such form as the | 12 | | Secretary of State may prescribe by rule or
regulation, | 13 | | accompanied by an amendatory fee of $2.
| 14 | | (d) Anything in this chapter to the contrary, | 15 | | notwithstanding, no
person shall be licensed under this Section | 16 | | unless such person shall
maintain an established place of | 17 | | business as defined in this Chapter.
| 18 | | (e) The Secretary of State shall within a reasonable time | 19 | | after
receipt thereof, examine an application submitted to him | 20 | | under this
Section and unless he makes a determination that the | 21 | | application
submitted to him does not conform with the | 22 | | requirements of this Section
or that grounds exist for a denial | 23 | | of the application, as prescribed in
Section 5-501 of this | 24 | | Chapter, grant the applicant an original license
as applied for | 25 | | in writing for his established place of business and a
| 26 | | supplemental license in writing for each additional place of
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| 1 | | business in such form as he may prescribe by rule or regulation | 2 | | which shall
include the following:
| 3 | | 1. The name of the person licensed;
| 4 | | 2. If a corporation, the name and address of its | 5 | | officers or if a
sole proprietorship, a partnership, an | 6 | | unincorporated association or any
similar form of business | 7 | | organization, the name and address of the
proprietor or of | 8 | | each partner, member, officer, director, trustee or | 9 | | manager;
| 10 | | 3. A designation of the kind or kinds of business | 11 | | enumerated in
subsection (a) of this Section to be | 12 | | conducted at each location;
| 13 | | 4. In the case of an original license, the established | 14 | | place of
business of the licensee;
| 15 | | 5. 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. The licensee | 24 | | also shall post conspicuously in the
established place of | 25 | | business and in each additional place of business a
notice | 26 | | which states that such business is required to be licensed by |
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| 1 | | the
Secretary of State under Section 5-301, and which provides | 2 | | the license
number of the business and the license expiration | 3 | | date. This notice also
shall advise the consumer that any | 4 | | complaints as to the quality of service
may be brought to the | 5 | | attention of the Attorney General. The information
required on | 6 | | this notice also shall be printed conspicuously on all
| 7 | | estimates and receipts for work by the licensee subject to this | 8 | | Section.
The Secretary of State shall prescribe the specific | 9 | | format of this notice.
| 10 | | (g) Except as provided in subsection (h) hereof, licenses | 11 | | granted
under this Section shall expire by operation of law on | 12 | | December 31 of
the calendar year for which they are granted | 13 | | unless sooner revoked or
cancelled under the provisions of | 14 | | Section 5-501 of this Chapter.
| 15 | | (h) Any license granted under this Section may be renewed | 16 | | upon
application and payment of the fee required herein as in | 17 | | the case of an
original license, provided, however, that in | 18 | | case an application for the
renewal of an effective license is | 19 | | made during the month of December,
such effective license shall | 20 | | remain in force until such application is
granted or denied by | 21 | | the Secretary of State.
| 22 | | (i) All automotive
repairers and
rebuilders shall, in | 23 | | addition to the requirements of subsections (a)
through
(h) of | 24 | | this Section, meet the following licensing requirements:
| 25 | | 1. Provide proof that the property on which first time
| 26 | | applicants plan to
do business is in compliance with local |
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| 1 | | zoning laws and regulations, and
a listing of zoning | 2 | | classification;
| 3 | | 2. Provide proof that the applicant for a repairer's
| 4 | | license complies
with the proper workers' compensation | 5 | | rate code or classification, and
listing the code of | 6 | | classification for that industry;
| 7 | | 3. Provide proof that the applicant for a rebuilder's
| 8 | | license complies
with the proper workers' compensation | 9 | | rate code or classification for the
repair industry or the | 10 | | auto parts recycling industry and listing the code
of | 11 | | classification;
| 12 | | 4. Provide proof that the applicant has obtained or
| 13 | | applied for a
hazardous waste generator number, and listing | 14 | | the actual number if
available or certificate of exemption;
| 15 | | 5. Provide proof that applicant has proper liability
| 16 | | insurance, and
listing the name of the insurer and the | 17 | | policy number; and
| 18 | | 6. Provide proof that the applicant has obtained or
| 19 | | applied for the proper
State sales tax classification and | 20 | | federal identification tax number, and
listing the actual | 21 | | numbers if available.
| 22 | | (i-1) All automotive repairers shall provide proof that | 23 | | they comply with all requirements of the Automotive Collision | 24 | | Repair Act.
| 25 | | (j) All automotive
parts
recyclers shall, in addition to | 26 | | the requirements of subsections (a) through
(h) of this |
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| 1 | | Section, meet the following licensing requirements:
| 2 | | 1. Provide a A statement that the applicant purchases 5 | 3 | | vehicles
per year or has 5
hulks or chassis in stock;
| 4 | | 2. Provide proof that the property on which all first
| 5 | | time applicants will
do business does comply to the proper | 6 | | local zoning laws in existence, and
a listing of zoning | 7 | | classifications;
| 8 | | 3. Provide proof that applicant complies with the
| 9 | | proper workers'
compensation rate code or classification, | 10 | | and listing the code of
classification; and
| 11 | | 4. Provide proof that applicant has obtained or
applied | 12 | | for the proper
State sales tax classification and federal | 13 | | identification tax number, and
listing the actual numbers | 14 | | if available.
| 15 | | (Source: P.A. 97-832, eff. 7-20-12; 97-1150, eff. 1-25-13; | 16 | | revised 9-24-13.)
| 17 | | (625 ILCS 5/5-702) (from Ch. 95 1/2, par. 5-702)
| 18 | | Sec. 5-702. No person shall engage in the business of | 19 | | auctioning any
vehicles for which a salvage certificate is | 20 | | required by law
except to a bidder who is an out-of-state | 21 | | salvage vehicle buyer or who is properly licensed
as a | 22 | | rebuilder, repairer, automotive parts recycler, or scrap | 23 | | processor, as required by Section 5-301 of this Chapter.
| 24 | | (Source: P.A. 95-783, eff. 1-1-09.)
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