Full Text of HB5117 096th General Assembly
HB5117 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5117
Introduced 1/29/2010, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/5-101 |
from Ch. 95 1/2, par. 5-101 |
625 ILCS 5/5-102 |
from Ch. 95 1/2, par. 5-102 |
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Amends the Illinois Vehicle Code. Provides that the licensing fee for a new or used trailer dealer license shall be $100 for applicant's established place of business (rather than $1,000) and each
additional place of business, if any, to which the application pertains (rather than $500).
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A BILL FOR
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HB5117 |
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LRB096 16839 AJT 32150 b |
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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 1. The purpose of this Act is to promote job growth | 5 |
| and lure truckers back to Illinois. | 6 |
| Section 5. The Illinois Vehicle Code is amended by changing | 7 |
| Sections 5-101 and 5-102 as follows:
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| (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
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| Sec. 5-101. New vehicle dealers must be licensed.
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| (a) No person shall engage in this State in the business of | 11 |
| selling
or dealing in, on consignment or otherwise, new | 12 |
| vehicles of any make, or
act as an intermediary or agent or | 13 |
| broker for any licensed dealer or
vehicle purchaser other than | 14 |
| as a salesperson, or represent or advertise
that he is so | 15 |
| engaged or intends to so engage in such business unless
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| licensed to do so in writing by the Secretary of State under | 17 |
| the
provisions of this Section.
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| (b) An application for a new vehicle dealer's license shall | 19 |
| be filed
with the Secretary of State, duly verified by oath, on | 20 |
| such form as the
Secretary of State may by rule or regulation | 21 |
| prescribe and shall contain:
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| 1. The name and type of business organization of the |
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HB5117 |
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LRB096 16839 AJT 32150 b |
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| applicant and
his established and additional places of | 2 |
| business, if any, in this State.
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| 2. If the applicant is a corporation, a list of its | 4 |
| officers,
directors, and shareholders having a ten percent | 5 |
| or greater ownership
interest in the corporation, setting | 6 |
| forth the residence address of
each; if the applicant is a | 7 |
| sole proprietorship, a partnership, an
unincorporated | 8 |
| association, a trust, or any similar form of business
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| organization, the name and residence address of the | 10 |
| proprietor or of
each partner, member, officer, director, | 11 |
| trustee, or manager.
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| 3. The make or makes of new vehicles which the | 13 |
| applicant will offer
for sale at retail in this State.
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| 4. The name of each manufacturer or franchised | 15 |
| distributor, if any,
of new vehicles with whom the | 16 |
| applicant has contracted for the sale of
such new vehicles. | 17 |
| As evidence of this fact, the application shall be
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| accompanied by a signed statement from each such | 19 |
| manufacturer or
franchised distributor. If the applicant | 20 |
| is in the business of
offering for sale new conversion | 21 |
| vehicles, trucks or vans, except for
trucks modified to | 22 |
| serve a special purpose which includes but is not
limited | 23 |
| to the following vehicles: street sweepers, fertilizer | 24 |
| spreaders,
emergency vehicles, implements of husbandry or | 25 |
| maintenance type vehicles,
he must furnish evidence of a | 26 |
| sales and service agreement from both the
chassis |
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| manufacturer and second stage manufacturer.
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| 5. A statement that the applicant has been approved for | 3 |
| registration
under the Retailers' Occupation Tax Act by the | 4 |
| Department of Revenue:
Provided that this requirement does | 5 |
| not apply to a dealer who is already
licensed hereunder | 6 |
| with the Secretary of State, and who is merely applying
for | 7 |
| a renewal of his license. As evidence of this fact, the | 8 |
| application
shall be accompanied by a certification from | 9 |
| the Department of Revenue
showing that that Department has | 10 |
| approved the applicant for registration
under the | 11 |
| Retailers' Occupation Tax Act.
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| 6. A statement that the applicant has complied with the | 13 |
| appropriate
liability insurance requirement. A Certificate | 14 |
| of Insurance in a solvent
company authorized to do business | 15 |
| in the State of Illinois shall be included
with each | 16 |
| application covering each location at which he proposes to | 17 |
| act
as a new vehicle dealer. The policy must provide | 18 |
| liability coverage in
the minimum amounts of $100,000 for | 19 |
| bodily injury to, or death of, any person,
$300,000 for | 20 |
| bodily injury to, or death of, two or more persons in any | 21 |
| one
accident, and $50,000 for damage to property. Such | 22 |
| policy shall expire
not sooner than December 31 of the year | 23 |
| for which the license was issued
or renewed. The expiration | 24 |
| of the insurance policy shall not terminate
the liability | 25 |
| under the policy arising during the period for which the
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| policy was filed. Trailer and mobile home dealers are |
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| exempt from this
requirement.
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| If the permitted user has a liability insurance policy | 3 |
| that provides
automobile
liability insurance coverage of | 4 |
| at least $100,000 for bodily injury to or the
death of any
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| person, $300,000 for bodily injury to or the death of any 2 | 6 |
| or more persons in
any one
accident, and $50,000 for damage | 7 |
| to property,
then the permitted user's insurer shall be the | 8 |
| primary
insurer and the
dealer's insurer shall be the | 9 |
| secondary insurer. If the permitted user does not
have a | 10 |
| liability
insurance policy that provides automobile | 11 |
| liability insurance coverage of at
least
$100,000 for | 12 |
| bodily injury to or the death of any person, $300,000 for | 13 |
| bodily
injury to or the death of any 2 or more persons in | 14 |
| any one accident, and
$50,000 for damage to property, or | 15 |
| does not have any insurance at all,
then the dealer's | 16 |
| insurer shall be the primary insurer and the permitted | 17 |
| user's
insurer shall be the secondary
insurer.
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| When a permitted user is "test driving" a new vehicle | 19 |
| dealer's automobile,
the new vehicle dealer's insurance | 20 |
| shall be primary and the permitted user's
insurance shall | 21 |
| be secondary.
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| As used in this paragraph 6, a "permitted user" is a | 23 |
| person who, with the
permission of the new vehicle dealer | 24 |
| or an employee of the new vehicle dealer,
drives a vehicle | 25 |
| owned and held for sale or lease by the new vehicle dealer
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| which the person is considering
to purchase or lease, in |
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| order to evaluate the performance, reliability, or
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| condition of the vehicle.
The term "permitted user" also | 3 |
| includes a person who, with the permission of
the new
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| vehicle dealer, drives a vehicle owned or held for sale or | 5 |
| lease by the new
vehicle dealer
for loaner purposes while | 6 |
| the user's vehicle is being repaired or evaluated.
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| As used in this paragraph 6, "test driving" occurs when | 8 |
| a permitted user
who,
with the permission of the new | 9 |
| vehicle dealer or an employee of the new vehicle
dealer, | 10 |
| drives a vehicle owned and held for sale or lease by a new | 11 |
| vehicle
dealer that the person is considering to purchase | 12 |
| or lease, in order to
evaluate the performance, | 13 |
| reliability, or condition of the
vehicle.
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| As used in this paragraph 6, "loaner purposes" means | 15 |
| when a person who,
with the permission of the new vehicle | 16 |
| dealer, drives a vehicle owned or held
for sale or lease by | 17 |
| the new vehicle dealer while the
user's vehicle is being | 18 |
| repaired or evaluated.
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| 7. (A) An application for a new motor vehicle dealer's | 20 |
| license shall be
accompanied by the following license fees:
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| $1,000 for applicant's established place of | 22 |
| business, and
$100 for each
additional place of | 23 |
| business, if any, to which the application
pertains; | 24 |
| but if the application is made after June 15 of any | 25 |
| year, the license
fee shall be $500 for applicant's | 26 |
| established place of business
plus
$50 for each |
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| additional place of business, if any, to which the
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| application pertains. License fees shall be returnable | 3 |
| only in the event that
the application is denied by the | 4 |
| Secretary of State.
All moneys received by the | 5 |
| Secretary of State as license fees under paragraph
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| (7)(A) of subsection (b) of this Section prior to | 7 |
| applications for the 2004
licensing year
shall be
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| deposited into the Motor Vehicle Review Board Fund and | 9 |
| shall
be used to administer the Motor Vehicle Review | 10 |
| Board under the Motor Vehicle
Franchise Act. Of the | 11 |
| money received by the Secretary of State as license
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| fees under paragraph (7)(A) of subsection (b) of this | 13 |
| Section for the 2004
licensing year and
thereafter, 10% | 14 |
| shall
be deposited into the Motor Vehicle Review Board | 15 |
| Fund and shall be used to
administer the Motor Vehicle | 16 |
| Review Board under the Motor Vehicle Franchise Act
and | 17 |
| 90% shall be deposited into the General Revenue Fund.
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| (B) An application for a new vehicle dealer's | 19 |
| license, other than for
a new motor vehicle dealer's | 20 |
| license or a new trailer dealer license , shall be | 21 |
| accompanied by the following
license fees:
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| $1,000 for applicant's established place of | 23 |
| business, and
$50 for each
additional place of | 24 |
| business, if any, to which the application pertains; | 25 |
| but if
the application is made after June 15 of any | 26 |
| year, the license fee shall be
$500
for applicant's |
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| established place of business plus $25 for each
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| additional
place of business, if any, to which the | 3 |
| application pertains. License fees
shall be returnable | 4 |
| only in the event that the application is denied by the
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| Secretary of State. Of the money received by the | 6 |
| Secretary of State as
license fees under this | 7 |
| subsection for the 2004 licensing year and thereafter,
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| 95% shall be deposited into the General Revenue Fund. | 9 |
| (C) An application for a new trailer dealer license | 10 |
| shall be accompanied by the following
license fees: | 11 |
| $100 for applicant's established place of business | 12 |
| and each
additional place of business, if any, to which | 13 |
| the application pertains. License fees
shall be | 14 |
| returnable only in the event that the application is | 15 |
| denied by the
Secretary of State. Of the money received | 16 |
| by the Secretary of State as
license fees under this | 17 |
| subsection,
95% shall be deposited into the General | 18 |
| Revenue Fund.
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| 8. A statement that the applicant's officers, | 20 |
| directors,
shareholders having a 10% or greater ownership | 21 |
| interest
therein, proprietor, a partner, member, officer, | 22 |
| director, trustee, manager
or other principals in the | 23 |
| business have not committed in the past 3
years any one | 24 |
| violation as determined in any civil, criminal or
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| administrative proceedings of any one of the following | 26 |
| Acts:
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| (A) The Anti Theft Laws of the Illinois Vehicle | 2 |
| Code;
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| (B) The Certificate of Title Laws of the Illinois | 4 |
| Vehicle Code;
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| (C) The Offenses against Registration and | 6 |
| Certificates of Title
Laws of the Illinois Vehicle | 7 |
| Code;
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| (D) The Dealers, Transporters, Wreckers and | 9 |
| Rebuilders
Laws of the Illinois Vehicle Code;
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| (E) Section 21-2 of the Criminal Code of 1961, | 11 |
| Criminal Trespass to
Vehicles; or
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| (F) The Retailers' Occupation Tax Act.
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| 9. A statement that the applicant's officers, | 14 |
| directors,
shareholders having a 10% or greater ownership | 15 |
| interest
therein, proprietor, partner, member, officer, | 16 |
| director, trustee, manager
or other principals in the | 17 |
| business have not committed in any calendar year
3 or more | 18 |
| violations, as determined in any civil, criminal or
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| administrative proceedings, of any one or more of the | 20 |
| following Acts:
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| (A) The Consumer Finance Act;
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| (B) The Consumer Installment Loan Act;
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| (C) The Retail Installment Sales Act;
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| (D) The Motor Vehicle Retail Installment Sales | 25 |
| Act;
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| (E) The Interest Act;
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| (F) The Illinois Wage Assignment Act;
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| (G) Part 8 of Article XII of the Code of Civil | 3 |
| Procedure; or
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| (H) The Consumer Fraud Act.
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| 10. A bond or certificate of deposit in the amount of | 6 |
| $20,000 for
each location at which the applicant intends to | 7 |
| act as a new vehicle
dealer. The bond shall be for the term | 8 |
| of the license, or its renewal, for
which application is | 9 |
| made, and shall expire not sooner than
December 31 of the | 10 |
| year for which the license was issued or renewed. The bond
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| shall run to the People of the State of Illinois, with | 12 |
| surety by a bonding or
insurance company authorized to do | 13 |
| business in this State. It shall be
conditioned upon the | 14 |
| proper transmittal of all title and registration fees and
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| taxes (excluding taxes under the Retailers' Occupation Tax | 16 |
| Act) accepted by the
applicant as a new vehicle dealer.
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| 11. Such other information concerning the business of | 18 |
| the applicant as
the Secretary of State may by rule or | 19 |
| regulation prescribe.
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| 12. A statement that the applicant understands Chapter | 21 |
| One through
Chapter Five of this Code.
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| (c) Any change which renders no longer accurate any | 23 |
| information
contained in any application for a new vehicle | 24 |
| dealer's license shall be
amended within 30 days after the | 25 |
| occurrence of such change on such form
as the Secretary of | 26 |
| State may prescribe by rule or regulation,
accompanied by an |
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| amendatory fee of $2.
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| (d) Anything in this Chapter 5 to the contrary | 3 |
| notwithstanding no
person shall be licensed as a new vehicle | 4 |
| dealer unless:
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| 1. He is authorized by contract in writing between | 6 |
| himself and the
manufacturer or franchised distributor of | 7 |
| such make of vehicle to so
sell the same in this State, and
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| 2. Such person shall maintain an established place of | 9 |
| business as
defined in this Act.
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| (e) The Secretary of State shall, within a reasonable time | 11 |
| after
receipt, examine an application submitted to him under | 12 |
| this Section and
unless he makes a determination that the | 13 |
| application submitted to him
does not conform with the | 14 |
| requirements of this Section or that grounds
exist for a denial | 15 |
| of the application, under Section 5-501 of this
Chapter, grant | 16 |
| the applicant an original new vehicle dealer's license in
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| writing for his established place of business and a | 18 |
| supplemental license
in writing for each additional place of | 19 |
| business in such form as he may
prescribe by rule or regulation | 20 |
| which shall include the following:
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| 1. The name of the person licensed;
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| 2. If a corporation, the name and address of its | 23 |
| officers or if a
sole proprietorship, a partnership, an | 24 |
| unincorporated association or any
similar form of business | 25 |
| organization, the name and address of the
proprietor or of | 26 |
| each partner, member, officer, director, trustee or
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| manager;
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| 3. In the case of an original license, the established | 3 |
| place of
business of the licensee;
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| 4. In the case of a supplemental license, the | 5 |
| established place of
business of the licensee and the | 6 |
| additional place of business to which such
supplemental | 7 |
| license pertains;
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| 5. The make or makes of new vehicles which the licensee | 9 |
| is licensed
to sell.
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| (f) The appropriate instrument evidencing the license or a | 11 |
| certified
copy thereof, provided by the Secretary of State, | 12 |
| shall be kept posted
conspicuously in the established place of | 13 |
| business of the licensee and
in each additional place of | 14 |
| business, if any, maintained by such
licensee.
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| (g) Except as provided in subsection (h) hereof, all new | 16 |
| vehicle
dealer's licenses granted under this Section shall | 17 |
| expire by operation
of law on December 31 of the calendar year | 18 |
| for which they are granted
unless sooner revoked or cancelled | 19 |
| under the provisions of Section 5-501
of this Chapter.
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| (h) A new vehicle dealer's license may be renewed upon | 21 |
| application
and payment of the fee required herein, and | 22 |
| submission of proof of
coverage under an approved bond under | 23 |
| the "Retailers' Occupation Tax
Act" or proof that applicant is | 24 |
| not subject to such bonding
requirements, as in the case of an | 25 |
| original license, but in case an
application for the renewal of | 26 |
| an effective license is made during the
month of December, the |
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| effective license shall remain in force until the
application | 2 |
| is granted or denied by the Secretary of State.
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| (i) All persons licensed as a new vehicle dealer are | 4 |
| required to
furnish each purchaser of a motor vehicle:
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| 1. In the case of a new vehicle a manufacturer's | 6 |
| statement of origin
and in the case of a used motor vehicle | 7 |
| a certificate of title, in
either case properly assigned to | 8 |
| the purchaser;
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| 2. A statement verified under oath that all identifying | 10 |
| numbers on
the vehicle agree with those on the certificate | 11 |
| of title or
manufacturer's statement of origin;
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| 3. A bill of sale properly executed on behalf of such | 13 |
| person;
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| 4. A copy of the Uniform Invoice-transaction reporting | 15 |
| return
referred to in Section 5-402 hereof;
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| 5. In the case of a rebuilt vehicle, a copy of the | 17 |
| Disclosure of Rebuilt
Vehicle Status; and
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| 6. In the case of a vehicle for which the warranty has | 19 |
| been reinstated, a
copy of the warranty.
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| (j) Except at the time of sale or repossession of the | 21 |
| vehicle, no person
licensed as a new vehicle dealer may issue | 22 |
| any other person a newly created
key to a vehicle unless the | 23 |
| new vehicle dealer makes a copy of the driver's
license or | 24 |
| State identification card of the person requesting or obtaining | 25 |
| the
newly created key. The new vehicle dealer must retain the | 26 |
| copy for 30 days.
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| A new vehicle dealer who violates this subsection (j) is | 2 |
| guilty of a
petty offense. Violation of this subsection (j) is | 3 |
| not cause to suspend,
revoke,
cancel, or deny renewal of the | 4 |
| new vehicle dealer's license.
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| This amendatory Act of 1983 shall be applicable to the 1984 | 6 |
| registration
year and thereafter.
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| (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32, | 8 |
| eff. 7-1-03.)
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| (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| 10 |
| Sec. 5-102. Used vehicle dealers must be licensed.
| 11 |
| (a) No person, other than a licensed new vehicle dealer, | 12 |
| shall engage in
the business of selling or dealing in, on | 13 |
| consignment or otherwise, 5 or
more used vehicles of any make | 14 |
| during the year (except house trailers as
authorized by | 15 |
| paragraph (j) of this Section and rebuilt salvage vehicles
sold | 16 |
| by their rebuilders to persons licensed under this Chapter), or | 17 |
| act as
an intermediary, agent or broker for any licensed dealer | 18 |
| or vehicle
purchaser (other than as a salesperson) or represent | 19 |
| or advertise that he
is so engaged or intends to so engage in | 20 |
| such business unless licensed to
do so by the Secretary of | 21 |
| State under the provisions of this Section.
| 22 |
| (b) An application for a used vehicle dealer's license | 23 |
| shall be
filed with the Secretary of State, duly verified by | 24 |
| oath, in such form
as the Secretary of State may by rule or | 25 |
| regulation prescribe and shall
contain:
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| 1. The name and type of business organization | 2 |
| established and additional
places of business, if any, in | 3 |
| this State.
| 4 |
| 2. If the applicant is a corporation, a list of its | 5 |
| officers,
directors, and shareholders having a ten percent | 6 |
| or greater ownership
interest in the corporation, setting | 7 |
| forth the residence address of
each; if the applicant is a | 8 |
| sole proprietorship, a partnership, an
unincorporated | 9 |
| association, a trust, or any similar form of business
| 10 |
| organization, the names and residence address of the | 11 |
| proprietor or of
each partner, member, officer, director, | 12 |
| trustee or manager.
| 13 |
| 3. A statement that the applicant has been approved for | 14 |
| registration
under the Retailers' Occupation Tax Act by the | 15 |
| Department of Revenue. However,
this requirement does not | 16 |
| apply to a dealer who is already licensed
hereunder with | 17 |
| the Secretary of State, and who is merely applying for a
| 18 |
| renewal of his license. As evidence of this fact, the | 19 |
| application shall be
accompanied by a certification from | 20 |
| the Department of Revenue showing that
the Department has | 21 |
| approved the applicant for registration under the
| 22 |
| Retailers' Occupation Tax Act.
| 23 |
| 4. A statement that the applicant has complied with the | 24 |
| appropriate
liability insurance requirement. A Certificate | 25 |
| of Insurance in a solvent
company authorized to do business | 26 |
| in the State of Illinois shall be included
with each |
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LRB096 16839 AJT 32150 b |
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| application covering each location at which he proposes to | 2 |
| act
as a used vehicle dealer. The policy must provide | 3 |
| liability coverage in
the minimum amounts of $100,000 for | 4 |
| bodily injury to, or death of, any person,
$300,000 for | 5 |
| bodily injury to, or death of, two or more persons in any | 6 |
| one
accident, and $50,000 for damage to property. Such | 7 |
| policy shall expire
not sooner than December 31 of the year | 8 |
| for which the license was issued
or renewed. The expiration | 9 |
| of the insurance policy shall not terminate
the liability | 10 |
| under the policy arising during the period for which the | 11 |
| policy
was filed. Trailer and mobile home dealers are | 12 |
| exempt from this requirement.
| 13 |
| If the permitted user has a liability insurance policy | 14 |
| that provides
automobile
liability insurance coverage of | 15 |
| at least $100,000 for bodily injury to or the
death of any
| 16 |
| person, $300,000 for bodily injury to or the death of any 2 | 17 |
| or more persons in
any one
accident, and $50,000 for damage | 18 |
| to property,
then the permitted user's insurer shall be the | 19 |
| primary
insurer and the
dealer's insurer shall be the | 20 |
| secondary insurer. If the permitted user does not
have a | 21 |
| liability
insurance policy that provides automobile | 22 |
| liability insurance coverage of at
least
$100,000 for | 23 |
| bodily injury to or the death of any person, $300,000 for | 24 |
| bodily
injury to or
the death of any 2 or more persons in | 25 |
| any one accident, and $50,000 for damage
to
property, or | 26 |
| does not have any insurance at all,
then the
dealer's
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LRB096 16839 AJT 32150 b |
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| insurer shall be the primary insurer and the permitted | 2 |
| user's insurer shall be
the secondary
insurer.
| 3 |
| When a permitted user is "test driving" a used vehicle | 4 |
| dealer's automobile,
the used vehicle dealer's insurance | 5 |
| shall be primary and the permitted user's
insurance shall | 6 |
| be secondary.
| 7 |
| As used in this paragraph 4, a "permitted user" is a | 8 |
| person who, with the
permission of the used vehicle dealer | 9 |
| or an employee of the used vehicle
dealer, drives a vehicle | 10 |
| owned and held for sale or lease by the used vehicle
dealer | 11 |
| which the person is considering to purchase or lease, in | 12 |
| order to
evaluate the performance, reliability, or | 13 |
| condition of the vehicle.
The term "permitted user" also | 14 |
| includes a person who, with the permission of
the used
| 15 |
| vehicle dealer, drives a vehicle owned or held for sale or | 16 |
| lease by the used
vehicle dealer
for loaner purposes while | 17 |
| the user's vehicle is being repaired or evaluated.
| 18 |
| As used in this paragraph 4, "test driving" occurs when | 19 |
| a permitted user
who,
with the permission of the used | 20 |
| vehicle dealer or an employee of the used
vehicle
dealer, | 21 |
| drives a vehicle owned and held for sale or lease by a used | 22 |
| vehicle
dealer that the person is considering to purchase | 23 |
| or lease, in order to
evaluate the performance, | 24 |
| reliability, or condition of the
vehicle.
| 25 |
| As used in this paragraph 4, "loaner purposes" means | 26 |
| when a person who,
with the permission of the used vehicle |
|
|
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| dealer, drives a vehicle owned or held
for sale or lease by | 2 |
| the used vehicle dealer while the
user's vehicle is being | 3 |
| repaired or evaluated.
| 4 |
| 5. (A) An application for a used vehicle dealer's | 5 |
| license , other than for a used trailer dealer license, | 6 |
| shall be
accompanied by the following license fees:
| 7 |
| $1,000 for applicant's established place of business, | 8 |
| and
$50 for
each additional place of business, if any, to | 9 |
| which the application
pertains; however, if the | 10 |
| application is made after June 15 of any
year, the license | 11 |
| fee shall be $500 for applicant's established
place of
| 12 |
| business plus $25 for each additional place of business, if | 13 |
| any,
to
which the application pertains. License fees shall | 14 |
| be returnable only in
the event that the application is | 15 |
| denied by
the Secretary of State. Of the money received by | 16 |
| the Secretary of State as
license fees under this Section | 17 |
| for the 2004 licensing year and thereafter, 95%
shall be | 18 |
| deposited into the General Revenue Fund. | 19 |
| (B) An application for a used trailer dealer license | 20 |
| shall be
accompanied by the following license fees: | 21 |
| $100 for applicant's established place of business and
| 22 |
| each
additional place of business, if any, to which the | 23 |
| application pertains. License fees
shall be returnable | 24 |
| only in the event that the application is denied by the
| 25 |
| Secretary of State. Of the money received by the Secretary | 26 |
| of State as
license fees under this subsection,
95% shall |
|
|
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| be deposited into the General Revenue Fund.
| 2 |
| 6. 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 the past 3 years any one | 7 |
| violation as
determined in any civil, criminal or | 8 |
| administrative proceedings of any one
of the following | 9 |
| Acts:
| 10 |
| (A) The Anti Theft Laws of the Illinois Vehicle | 11 |
| Code;
| 12 |
| (B) The Certificate of Title Laws of the Illinois | 13 |
| Vehicle Code;
| 14 |
| (C) The Offenses against Registration and | 15 |
| Certificates of Title
Laws of the Illinois Vehicle | 16 |
| Code;
| 17 |
| (D) The Dealers, Transporters, Wreckers and | 18 |
| Rebuilders Laws of the
Illinois Vehicle Code;
| 19 |
| (E) Section 21-2 of the Illinois Criminal Code of | 20 |
| 1961, Criminal
Trespass to 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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LRB096 16839 AJT 32150 b |
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| 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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| 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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LRB096 16839 AJT 32150 b |
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| 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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LRB096 16839 AJT 32150 b |
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| 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. 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. 95-783, eff. 1-1-09; 96-678, eff. 8-25-09.)
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