[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
92_HB0470 LRB9203980DHmb 1 AN ACT in regard to vehicles. 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 5 changing Sections 3-821 and 5-102 as follows: 6 (625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821) 7 Sec. 3-821. Miscellaneous Registration and Title Fees. 8 (a) The fee to be paid to the Secretary of State for the 9 following certificates, registrations or evidences of proper 10 registration, or for corrected or duplicate documents shall 11 be in accordance with the following schedule: 12 Certificate of Title, except for an all-terrain 13 vehicle or off-highway motorcycle $65 14 Certificate of Title for an all-terrain vehicle 15 or off-highway motorcycle $30 16 Certificate of Title for an all-terrain vehicle 17 or off-highway motorcycle used for production 18 agriculture, or accepted by a dealer in trade 13 19 Transfer of Registration or any evidence of 20 proper registration 15 21 Duplicate Registration Card for plates or other 22 evidence of proper registration 3 23 Duplicate Registration Sticker or Stickers, each 5 24 Duplicate Certificate of Title 65 25 Corrected Registration Card or Card for other 26 evidence of proper registration 3 27 Corrected Certificate of Title 65 28 Salvage Certificate 4 29 Fleet Reciprocity Permit 15 30 Prorate Decal 1 31 Prorate Backing Plate 3 -2- LRB9203980DHmb 1 There shall be no fee paid for a Junking Certificate. 2 No fee shall be paid by a not-for-profit organization 3 that is exempt from federal income taxation under Section 4 501(c)(3) of the Internal Revenue Code for a certificate of 5 title for a vehicle that has been donated to the 6 organization. 7 (b) The Secretary may prescribe the maximum service 8 charge to be imposed upon an applicant for renewal of a 9 registration by any person authorized by law to receive and 10 remit or transmit to the Secretary such renewal application 11 and fees therewith. 12 (c) If a check is delivered to the Office of the 13 Secretary of State as payment of any fee or tax under this 14 Code, and such check is not honored by the bank on which it 15 is drawn for any reason, the registrant or other person 16 tendering the check remains liable for the payment of such 17 fee or tax. The Secretary of State may assess a service 18 charge of $19 in addition to the fee or tax due and owing for 19 all dishonored checks. 20 If the total amount then due and owing exceeds the sum 21 of $50 and has not been paid in full within 60 days from the 22 date such fee or tax became due to the Secretary of State, 23 the Secretary of State shall assess a penalty of 25% of such 24 amount remaining unpaid. 25 All amounts payable under this Section shall be computed 26 to the nearest dollar. 27 (d) The minimum fee and tax to be paid by any applicant 28 for apportionment of a fleet of vehicles under this Code 29 shall be $15 if the application was filed on or before the 30 date specified by the Secretary together with fees and taxes 31 due. If an application and the fees or taxes due are filed 32 after the date specified by the Secretary, the Secretary may 33 prescribe the payment of interest at the rate of 1/2 of 1% 34 per month or fraction thereof after such due date and a -3- LRB9203980DHmb 1 minimum of $8. 2 (e) Trucks, truck tractors, truck tractors with loads, 3 and motor buses, any one of which having a combined total 4 weight in excess of 12,000 lbs. shall file an application for 5 a Fleet Reciprocity Permit issued by the Secretary of State. 6 This permit shall be in the possession of any driver 7 operating a vehicle on Illinois highways. Any foreign 8 licensed vehicle of the second division operating at any time 9 in Illinois without a Fleet Reciprocity Permit or other 10 proper Illinois registration, shall subject the operator to 11 the penalties provided in Section 3-834 of this Code. For 12 the purposes of this Code, "Fleet Reciprocity Permit" means 13 any second division motor vehicle with a foreign license and 14 used only in interstate transportation of goods. The fee for 15 such permit shall be $15 per fleet which shall include all 16 vehicles of the fleet being registered. 17 (f) For purposes of this Section, "all-terrain vehicle 18 or off-highway motorcycle used for production agriculture" 19 means any all-terrain vehicle or off-highway motorcycle used 20 in the raising of or the propagation of livestock, crops for 21 sale for human consumption, crops for livestock consumption, 22 and production seed stock grown for the propagation of feed 23 grains and the husbandry of animals or for the purpose of 24 providing a food product, including the husbandry of blood 25 stock as a main source of providing a food product. 26 "All-terrain vehicle or off-highway motorcycle used in 27 production agriculture" also means any all-terrain vehicle or 28 off-highway motorcycle used in animal husbandry, 29 floriculture, aquaculture, horticulture, and viticulture. 30 (Source: P.A. 90-287, eff. 1-1-98; 90-774, eff. 8-14-98; 31 91-37, eff. 7-1-99; 91-441, eff. 1-1-00; revised 10-19-99.) 32 (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102) 33 Sec. 5-102. Used vehicle dealers must be licensed. -4- LRB9203980DHmb 1 (a) Except as provided in subsection (a-1), no person, 2 other than a licensed new vehicle dealer, shall engage in the 3 business of selling or dealing in, on consignment or 4 otherwise, 5 or more used vehicles of any make during the 5 year (except house trailers as authorized by paragraph (j) of 6 this Section and rebuilt salvage vehicles sold by their 7 rebuilders to persons licensed under this Chapter), or act as 8 an intermediary, agent or broker for any licensed dealer or 9 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. 13 (a-1) The licensing requirements of this Section do not 14 apply to a not-for-profit organization that is exempt from 15 federal income taxation under Section 501(c)(3) of the 16 Internal Revenue Code and that sells or consigns used 17 vehicles that have been donated to the organization. 18 (b) An application for a used vehicle dealer's license 19 shall be filed with the Secretary of State, duly verified by 20 oath, in such form as the Secretary of State may by rule or 21 regulation prescribe and shall contain: 22 1. The name and type of business organization 23 established and additional places of business, if any, in 24 this State. 25 2. If the applicant is a corporation, a list of its 26 officers, directors, and shareholders having a ten 27 percent or greater ownership interest in the corporation, 28 setting forth the residence address of each; if the 29 applicant is a sole proprietorship, a partnership, an 30 unincorporated association, a trust, or any similar form 31 of business organization, the names and residence address 32 of the proprietor or of each partner, member, officer, 33 director, trustee or manager. 34 3. A statement that the applicant has been approved -5- LRB9203980DHmb 1 for registration under the Retailers' Occupation Tax Act 2 by the Department of Revenue. However, this requirement 3 does not apply to a dealer who is already licensed 4 hereunder with the Secretary of State, and who is merely 5 applying for a renewal of his license. As evidence of 6 this fact, the application shall be accompanied by a 7 certification from the Department of Revenue showing that 8 the Department has approved the applicant for 9 registration under the Retailers' Occupation Tax Act. 10 4. A statement that the applicant has complied with 11 the appropriate liability insurance requirement. A 12 Certificate of Insurance in a solvent company authorized 13 to do business in the State of Illinois shall be included 14 with each application covering each location at which he 15 proposes to act as a used vehicle dealer. The policy 16 must provide liability coverage in the minimum amounts of 17 $100,000 for bodily injury to, or death of, any person, 18 $300,000 for bodily injury to, or death of, two or more 19 persons in any one accident, and $50,000 for damage to 20 property. Such policy shall expire not sooner than 21 December 31 of the year for which the license was issued 22 or renewed. The expiration of the insurance policy shall 23 not terminate the liability under the policy arising 24 during the period for which the policy was filed. 25 Trailer and mobile home dealers are exempt from this 26 requirement. 27 5. An application for a used vehicle dealer's 28 license shall be accompanied by the following license 29 fees: 30 $50 for applicant's established place of business, 31 and $25 for each additional place of business, if any, to 32 which the application pertains; however, if the 33 application is made after June 15 of any year, the 34 license fee shall be $25 for applicant's established -6- LRB9203980DHmb 1 place of business plus $12.50 for each additional place 2 of business, if any, to which the application pertains. 3 License fees shall be returnable only in the event that 4 the application is denied by the Secretary of State. 5 6. A statement that the applicant's officers, 6 directors, shareholders having a 10% or greater ownership 7 interest therein, proprietor, partner, member, officer, 8 director, trustee, manager or other principals in the 9 business have not committed in the past 3 years any one 10 violation as determined in any civil, criminal or 11 administrative proceedings of any one of the following 12 Acts: 13 (A) The Anti Theft Laws of the Illinois 14 Vehicle Code; 15 (B) The Certificate of Title Laws of the 16 Illinois Vehicle Code; 17 (C) The Offenses against Registration and 18 Certificates of Title Laws of the Illinois Vehicle 19 Code; 20 (D) The Dealers, Transporters, Wreckers and 21 Rebuilders Laws of the Illinois Vehicle Code; 22 (E) Section 21-2 of the Illinois Criminal Code 23 of 1961, Criminal Trespass to Vehicles; or 24 (F) The Retailers' Occupation Tax Act. 25 7. A statement that the applicant's officers, 26 directors, shareholders having a 10% or greater ownership 27 interest therein, proprietor, partner, member, officer, 28 director, trustee, manager or other principals in the 29 business have not committed in any calendar year 3 or 30 more violations, as determined in any civil or criminal 31 or administrative proceedings, of any one or more of the 32 following Acts: 33 (A) The Consumer Finance Act; 34 (B) The Consumer Installment Loan Act; -7- LRB9203980DHmb 1 (C) The Retail Installment Sales Act; 2 (D) The Motor Vehicle Retail Installment Sales 3 Act; 4 (E) The Interest Act; 5 (F) The Illinois Wage Assignment Act; 6 (G) Part 8 of Article XII of the Code of Civil 7 Procedure; or 8 (H) The Consumer Fraud Act. 9 8. A bond or Certificate of Deposit in the amount 10 of $20,000 for each location at which the applicant 11 intends to act as a used vehicle dealer. The bond shall 12 be for the term of the license, or its renewal, for which 13 application is made, and shall expire not sooner than 14 December 31 of the year for which the license was issued 15 or renewed. The bond shall run to the People of the 16 State of Illinois, with surety by a bonding or insurance 17 company authorized to do business in this State. It 18 shall be conditioned upon the proper transmittal of all 19 title and registration fees and taxes (excluding taxes 20 under the Retailers' Occupation Tax Act) accepted by the 21 applicant as a used vehicle dealer. 22 9. Such other information concerning the business 23 of the applicant as the Secretary of State may by rule or 24 regulation prescribe. 25 10. A statement that the applicant understands 26 Chapter 1 through Chapter 5 of this Code. 27 (c) Any change which renders no longer accurate any 28 information contained in any application for a used vehicle 29 dealer's license shall be amended within 30 days after the 30 occurrence of each change on such form as the Secretary of 31 State may prescribe by rule or regulation, accompanied by an 32 amendatory fee of $2. 33 (d) Anything in this Chapter to the contrary 34 notwithstanding, no person shall be licensed as a used -8- LRB9203980DHmb 1 vehicle dealer unless such person maintains an established 2 place of business as defined in this Chapter. 3 (e) The Secretary of State shall, within a reasonable 4 time after receipt, examine an application submitted to him 5 under this Section. Unless the Secretary makes a 6 determination that the application submitted to him does not 7 conform to this Section or that grounds exist for a denial of 8 the application under Section 5-501 of this Chapter, he must 9 grant the applicant an original used vehicle dealer's license 10 in writing for his established place of business and a 11 supplemental license in writing for each additional place of 12 business in such form as he may prescribe by rule or 13 regulation which shall include the following: 14 1. The name of the person licensed; 15 2. If a corporation, the name and address of its 16 officers or if a sole proprietorship, a partnership, an 17 unincorporated association or any similar form of 18 business organization, the name and address of the 19 proprietor or of each partner, member, officer, director, 20 trustee or manager; 21 3. In case of an original license, the established 22 place of business of the licensee; 23 4. In the case of a supplemental license, the 24 established place of business of the licensee and the 25 additional place of business to which such supplemental 26 license pertains. 27 (f) The appropriate instrument evidencing the license or 28 a certified copy thereof, provided by the Secretary of State 29 shall be kept posted, conspicuously, in the established place 30 of business of the licensee and in each additional place of 31 business, if any, maintained by such licensee. 32 (g) Except as provided in subsection (h) of this 33 Section, all used vehicle dealer's licenses granted under 34 this Section expire by operation of law on December 31 of the -9- LRB9203980DHmb 1 calendar year for which they are granted unless sooner 2 revoked or cancelled 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 7 not subject to such bonding requirements, as in the case of 8 an original license, but in case an application for the 9 renewal of an effective license is made during the month of 10 December, the effective license shall remain in force until 11 the application for renewal is granted or denied by the 12 Secretary of State. 13 (i) All persons licensed as a used vehicle dealer are 14 required to furnish each purchaser of a motor vehicle: 15 1. A certificate of title properly assigned to the 16 purchaser; 17 2. A statement verified under oath that all 18 identifying numbers on the vehicle agree with those on 19 the certificate of title; 20 3. A bill of sale properly executed on behalf of 21 such person; 22 4. A copy of the Uniform Invoice-transaction 23 reporting return referred to in Section 5-402 of this 24 Chapter; 25 5. In the case of a rebuilt vehicle, a copy of the 26 Disclosure of Rebuilt Vehicle Status; and 27 6. In the case of a vehicle for which the warranty 28 has been reinstated, a copy of the warranty. 29 (j) A real estate broker holding a valid certificate of 30 registration issued pursuant to "The Real Estate Brokers and 31 Salesmen License Act" may engage in the business of selling 32 or dealing in house trailers not his own without being 33 licensed as a used vehicle dealer under this Section; however 34 such broker shall maintain a record of the transaction -10- LRB9203980DHmb 1 including the following: 2 (1) the name and address of the buyer and seller, 3 (2) the date of sale, 4 (3) a description of the mobile home, including the 5 vehicle identification number, make, model, and year, and 6 (4) the Illinois certificate of title number. 7 The foregoing records shall be available for inspection 8 by any officer of the Secretary of State's Office at any 9 reasonable hour. 10 (Source: P.A. 88-158; 89-189, eff. 1-1-96.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.