Bill Amendment: IL SB0674 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TOWING OF COMMERCIAL VEHICLES
Status: 2016-04-28 - Rule 19(a) / Re-referred to Rules Committee [SB0674 Detail]
Download: Illinois-2015-SB0674-House_Amendment_001.html
Bill Title: TOWING OF COMMERCIAL VEHICLES
Status: 2016-04-28 - Rule 19(a) / Re-referred to Rules Committee [SB0674 Detail]
Download: Illinois-2015-SB0674-House_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 674
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2 | AMENDMENT NO. ______. Amend Senate Bill 674 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 5-401.2 and 8-101, and by adding Section | ||||||
6 | 5-101.2 as follows:
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7 | (625 ILCS 5/5-101.2 new) | ||||||
8 | Sec. 5-101.2. Manufactured home dealers; licensing. | ||||||
9 | (a) For the purposes of this Section, the following words | ||||||
10 | shall have the meanings ascribed to them as follows: | ||||||
11 | "Community-based manufactured home dealer" means an | ||||||
12 | individual or entity that operates a tract of land or 2 or | ||||||
13 | more contiguous tracts of land which contain sites with the | ||||||
14 | necessary utilities for 5 or more independent manufactured | ||||||
15 | homes for permanent habitation, either free of charge or | ||||||
16 | for revenue purposes, and shall include any building, |
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1 | structure, vehicle, or enclosure used or intended for use | ||||||
2 | as a part of the equipment of the manufactured home park | ||||||
3 | who may, incidental to the operation of the manufactured | ||||||
4 | home community, sell, trade, or buy a manufactured home or | ||||||
5 | park model that is located within the manufactured home | ||||||
6 | community or is located in a different manufactured home | ||||||
7 | community that is owned or managed by the community-based | ||||||
8 | manufactured home dealer. | ||||||
9 | "Established place of business" means the place owned
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10 | or leased and occupied by any person duly licensed or
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11 | required to be licensed as a manufactured home dealer or a
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12 | community-based manufactured home dealer for the purpose
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13 | of engaging in selling, buying, bartering, displaying,
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14 | exchanging, or dealing in, on consignment or otherwise,
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15 | manufactured homes or park models and for such other | ||||||
16 | ancillary purposes as may be permitted by the Secretary by | ||||||
17 | rule. An established place of business shall include a | ||||||
18 | single or central office in which the manufactured home | ||||||
19 | dealer's or community-based manufactured home dealer's | ||||||
20 | records shall be separate and distinct from any other | ||||||
21 | business or tenant which may occupy space in the same | ||||||
22 | building, except as provided in this Section, and the | ||||||
23 | office shall not be located in a tent, temporary stand, | ||||||
24 | temporary address, room or rooms in a hotel or
rooming | ||||||
25 | house, nor the premises occupied by a single or
multiple | ||||||
26 | unit residence, unless the multiple unit
residence has a |
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1 | separate and distinct office. | ||||||
2 | "Manufactured home" means a factory assembled
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3 | structure built on a permanent chassis, transportable in
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4 | one or more sections in the travel mode, incapable of
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5 | self-propulsion, and bears a label indicating the
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6 | manufacturer's compliance with the United States
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7 | Department of Housing and Urban Development standards, as | ||||||
8 | applicable, that is without a permanent foundation and is | ||||||
9 | designed for year round occupancy as a single-family | ||||||
10 | residence when connected to approved water, sewer, and | ||||||
11 | electrical
utilities. | ||||||
12 | "Manufactured home dealer" means an individual or | ||||||
13 | entity that engages in the business of acquiring or | ||||||
14 | disposing of a manufactured home or park model, either a | ||||||
15 | new manufactured home or park model, pursuant to a | ||||||
16 | franchise agreement with a manufacturer, or used | ||||||
17 | manufactured homes or park models, and who has an | ||||||
18 | established place of business that is not in a residential | ||||||
19 | community-based setting. | ||||||
20 | "Park model" means a vehicle that is incapable of | ||||||
21 | self-propulsion that is less than 400 square feet of | ||||||
22 | habitable space that is built to American National | ||||||
23 | Standards Institute (ANSI) standards that prohibits | ||||||
24 | occupancy on a permanent basis and is built on a vehicle | ||||||
25 | chassis. | ||||||
26 | "Supplemental license" means a license that a |
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1 | community-based manufactured home dealer receives and | ||||||
2 | displays at locations in which the licensee is authorized | ||||||
3 | to sell, buy, barter, display, exchange, or deal in, on | ||||||
4 | consignment or otherwise, manufactured homes or park | ||||||
5 | models, but is not the established place of business of the | ||||||
6 | licensee. | ||||||
7 | (b) No person shall engage in this State in the business of
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8 | selling or dealing in, on consignment or otherwise,
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9 | manufactured homes or park models of any make, or act as an | ||||||
10 | intermediary, agent, or broker for any manufactured home or | ||||||
11 | park model purchaser, other than as a salesperson or to | ||||||
12 | represent or advertise that he or she is so engaged, or intends | ||||||
13 | to so engage, in the business, unless licensed to do so by the | ||||||
14 | Secretary of State under the provisions of this Section. | ||||||
15 | (c) An application for a manufactured home dealer's
license | ||||||
16 | or a community-based manufactured home dealer's
license shall | ||||||
17 | be filed with the Secretary of State and duly
verified by oath, | ||||||
18 | on such form as the Secretary of State may by
rule prescribe | ||||||
19 | and shall contain all of the following: | ||||||
20 | (1) The name and type of business organization of the
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21 | applicant, and his or her established and additional places
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22 | of business, if any, in this State. | ||||||
23 | (2) If the applicant is a corporation, a list of its
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24 | officers, directors, and shareholders having a 10% or
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25 | greater ownership interest in the corporation. If the
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26 | applicant is a sole proprietorship, a partnership, a
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1 | limited liability company, an unincorporated association,
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2 | a trust, or any similar form of business organization, the
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3 | name and residence address of the proprietor, or the name
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4 | and residence address of each partner, member, officer,
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5 | director, trustee, or manager. | ||||||
6 | (3) The make or makes of new manufactured homes or park | ||||||
7 | models that the applicant will offer for sale at retail in | ||||||
8 | the State. | ||||||
9 | (4) The name of each manufacturer or franchised
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10 | distributor, if any, of new manufactured homes or park | ||||||
11 | models with whom the applicant has contracted for the sale | ||||||
12 | of new manufactured homes or park models. As evidence of | ||||||
13 | this fact, the application shall be accompanied by a signed | ||||||
14 | statement from each manufacturer or franchised | ||||||
15 | distributor. | ||||||
16 | (5) A statement that the applicant has been approved
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17 | for registration under the Retailers' Occupation Tax Act by
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18 | the Department of Revenue, provided that this requirement
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19 | does not apply to a manufactured home dealer who is already
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20 | licensed with the Secretary of State, and who is merely
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21 | applying for a renewal of his or her license. As evidence
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22 | of this fact, the application shall be accompanied by a
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23 | certification from the Department of Revenue showing that
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24 | the Department has approved the applicant for registration
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25 | under the Retailers' Occupation Tax Act. | ||||||
26 | (6) An application for: |
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1 | (A) a manufactured home dealer's license, when the | ||||||
2 | applicant is selling new manufactured homes or park | ||||||
3 | models on behalf of a manufacturer of manufactured | ||||||
4 | homes or park models, or 5 or more used manufactured | ||||||
5 | homes or park models during the calendar year, shall be | ||||||
6 | accompanied by a $1,000 license fee for the applicant's | ||||||
7 | established place of business, and $100 for each | ||||||
8 | additional place of business, if any, to which the | ||||||
9 | application pertains. If the application is made after | ||||||
10 | June 15 in any year, the license fee shall be $500 for | ||||||
11 | the applicant's
established place of business, and $50 | ||||||
12 | for 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; or | ||||||
16 | (B) a community-based manufactured home dealer's
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17 | license, when the applicant is selling 5 or more | ||||||
18 | manufactured
homes during the calendar year not on | ||||||
19 | behalf of a manufacturer of manufactured
homes, but | ||||||
20 | within a community setting, shall be
accompanied by a | ||||||
21 | license fee of $500 for the
applicant's established | ||||||
22 | place of business, and $50 for
each additional place of | ||||||
23 | business, if any to which the
application pertains. If | ||||||
24 | the application is made after
June 15 in any year, the | ||||||
25 | license fee shall be $250 for
the applicant's | ||||||
26 | established place of business, and $50
for each |
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1 | additional place of business, if any, to which the | ||||||
2 | application pertains. License fees shall be
returnable | ||||||
3 | only in the event that the application is
denied by the | ||||||
4 | Secretary of State. | ||||||
5 | Of the monies received by the Secretary of State as | ||||||
6 | license fees under this paragraph (6), 95% shall be | ||||||
7 | deposited into the General Revenue Fund and 5% into the | ||||||
8 | Motor Vehicle License Plate Fund. | ||||||
9 | (7) A statement that the applicant's officers,
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10 | directors, and shareholders having a 10% or greater
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11 | ownership interest therein, proprietor, a partner, member,
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12 | officer, director, trustee, manager, or other principals
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13 | in the business, have not committed in the past 3 years any
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14 | one violation, as determined in any civil, criminal, or
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15 | administrative hearing proceeding, of any one of the
| ||||||
16 | following Acts: | ||||||
17 | (A) the Anti Theft Laws of the Illinois Vehicle
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18 | Code; | ||||||
19 | (B) the Certificate of Title Laws of the Illinois
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20 | Vehicle Code; | ||||||
21 | (C) the Offenses against Registration and
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22 | Certificates of Title Laws of the Illinois Vehicle | ||||||
23 | Code; | ||||||
24 | (D) the Dealers, Transporters, Wreckers, and
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25 | Rebuilders Laws of the Illinois Vehicle Code; | ||||||
26 | (E) Section 21-2 of the Criminal Code of 2012
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1 | (criminal trespass to vehicles); | ||||||
2 | (F) the Retailers Occupation Tax Act; | ||||||
3 | (G) the Consumer Finance Act; | ||||||
4 | (H) the Consumer Installment Loan Act; | ||||||
5 | (I) the Retail Installment Sales Act; | ||||||
6 | (J) the Motor Vehicle Retail Installment Sales | ||||||
7 | Act; | ||||||
8 | (K) the Interest Act; | ||||||
9 | (L) the Illinois Wage Assignment Act; | ||||||
10 | (M) Part 8 of Article XII of the Code of Civil
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11 | Procedure; or | ||||||
12 | (N) the Consumer Fraud Act. | ||||||
13 | (8) A bond or certificate of deposit in the amount of
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14 | $20,000 for each license holder applicant intending to act
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15 | as a manufactured home dealer or community-based
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16 | manufactured home dealer under this Section. The bond shall
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17 | be for the term of the license, for which application is
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18 | made, and shall expire not sooner than December 31 of the
| ||||||
19 | year for which the license was issued. The bond shall run
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20 | to the People of the State of Illinois, with surety by a
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21 | bonding or insurance company authorized to do business in
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22 | this State. It shall be conditioned upon the proper
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23 | transmittal of all title and registration fees and taxes
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24 | (excluding taxes under the Retailers' Occupation Tax Act)
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25 | accepted by the applicant as a manufactured home dealer. | ||||||
26 | (9) Dealers in business for over 5 years may
substitute |
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1 | a certificate of insurance in lieu of the bond
or | ||||||
2 | certificate of deposit upon renewing their license. | ||||||
3 | (10) Any other information concerning the business of
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4 | the applicant as the Secretary of State may by rule
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5 | prescribe. | ||||||
6 | (11) A statement that the applicant has read and
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7 | understands Chapters 1 through 5 of this Code. | ||||||
8 | (d) Any change which renders no longer accurate any
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9 | information contained in any application for a license under | ||||||
10 | this Section shall be amended within 30 days after the | ||||||
11 | occurrence of the change on a form the Secretary of State may | ||||||
12 | prescribe, by rule, accompanied by an amendatory fee of $25. | ||||||
13 | (e) The Secretary of State shall, within a reasonable time
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14 | after receipt, examine an application submitted to him or her
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15 | under this Section, and unless he or she makes a determination
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16 | that the application submitted to him or her does not conform
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17 | with the requirements of this Section or that grounds exist for
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18 | a denial of the application under Section 5-501 of this
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19 | Chapter, grant the applicant an initial manufactured home
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20 | dealer's license or a community-based manufactured home
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21 | dealer's license in writing for his or her established place
of | ||||||
22 | business and a supplemental license in writing for each
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23 | additional place of business in a form the Secretary may
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24 | prescribe by rule, which shall include the following: | ||||||
25 | (1) the name of the person or entity licensed; | ||||||
26 | (2) if a corporation, the name and address of its
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1 | officers; if a sole proprietorship, a partnership, an
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2 | unincorporated association, or any similar form of
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3 | business organization, the name and address of the
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4 | proprietor, or the name and address of each partner,
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5 | member, officer, director, trustee or manager; or if a
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6 | limited liability company, the name and address of the
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7 | general partner or partners, or managing member or members; | ||||||
8 | (3) in the case of an original license, the established | ||||||
9 | place of business of the licensee; | ||||||
10 | (4) in the case of a supplemental license, the
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11 | established place of business of the licensee and the
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12 | additional place of business to which the supplemental
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13 | license pertains; and | ||||||
14 | (5) if applicable, the make or makes of new
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15 | manufactured homes or park models to which a manufactured | ||||||
16 | home dealer is licensed to sell. | ||||||
17 | (f) The appropriate instrument evidencing the license or a
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18 | certified copy of the instrument, provided by the Secretary of
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19 | State, shall be kept posted conspicuously in the established
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20 | place of business of the licensee and in each additional place
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21 | of business, if any, maintained by the licensee, unless the
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22 | licensee is a community-based manufactured home dealer, then
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23 | the license shall be posted in the community-based manufactured
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24 | home dealer's central office and it shall include a list of the
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25 | other locations that the community-based manufactured home
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26 | dealer may oversee. |
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1 | (g) Except as provided in subsection (i) of this Section,
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2 | all licenses granted under this Section shall expire by | ||||||
3 | operation of law on December 31 of the calendar year for which | ||||||
4 | the licenses were granted, unless sooner revoked or cancelled | ||||||
5 | under the provisions of Section 5-501 of this Chapter. | ||||||
6 | (h) All persons licensed as a manufactured home dealer or a
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7 | community-based manufactured home dealer are required to
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8 | furnish each purchaser of a manufactured home or park model: | ||||||
9 | (1) in the case of a new manufactured home or park | ||||||
10 | model, a manufacturer's statement of origin, and in the | ||||||
11 | case of a previously owned manufactured home or park model, | ||||||
12 | a certificate of title, in either case properly assigned to | ||||||
13 | the purchaser; | ||||||
14 | (2) a statement verified under oath that all
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15 | identifying numbers on the vehicle match the identifying | ||||||
16 | numbers on the certificate of title or manufacturer's | ||||||
17 | statement of origin; | ||||||
18 | (3) a bill of sale properly executed on behalf of the
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19 | purchaser; | ||||||
20 | (4) a copy of the Uniform Invoice-transaction
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21 | reporting return form referred to in Section 5-402; and | ||||||
22 | (5) for a new manufactured home or park model, a | ||||||
23 | warranty, and in the case of a manufactured home or park | ||||||
24 | model for which the warranty has been reinstated, a copy of | ||||||
25 | the warranty; if no warranty is provided, a disclosure or | ||||||
26 | statement that the manufactured home or park model is being |
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1 | sold "AS IS". | ||||||
2 | (i) This Section shall not apply to a (i) seller who | ||||||
3 | privately owns his or her manufactured home or park model as | ||||||
4 | his or her main residence and is selling the manufactured home | ||||||
5 | or park model to another individual or to a licensee; (ii) a | ||||||
6 | retailer or entity licensed under either Section 5-101 or 5-102 | ||||||
7 | of this Code; or (iii) an individual or entity licensed to sell | ||||||
8 | truck campers, travel trailers, motor homes, or mini motor | ||||||
9 | homes as defined by this Code. Any vehicle not covered by this | ||||||
10 | Section that requires an individual or entity to obtain a | ||||||
11 | license to sell 5 or more vehicles must obtain a license under | ||||||
12 | the relevant provisions of this Code. | ||||||
13 | (j) This Section shall not apply to any person licensed
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14 | under the Real Estate License Act of 2000. | ||||||
15 | (k) The Secretary of State may adopt any rules necessary to | ||||||
16 | implement this Section.
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17 | (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
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18 | Sec. 5-401.2. Licensees required to keep records and make | ||||||
19 | inspections.
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20 | (a) Every person licensed or required to be licensed under | ||||||
21 | Section 5-101,
5-101.1, 5-101.2, 5-102, 5-301 or 5-302 of this | ||||||
22 | Code, shall, with the exception of
scrap
processors, maintain | ||||||
23 | for 3 years, in a form as the Secretary of State may by
rule or | ||||||
24 | regulation prescribe, at his established place of business, | ||||||
25 | additional
place of business, or principal place of business if |
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1 | licensed under Section
5-302, the following records relating to | ||||||
2 | the acquisition or disposition of
vehicles and their essential | ||||||
3 | parts possessed in this State, brought into this
State from | ||||||
4 | another state, territory or country, or sold or transferred to
| ||||||
5 | another person in this State or in another state, territory, or | ||||||
6 | country.
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7 | (1) The following records pertaining to new or used | ||||||
8 | vehicles shall be
kept:
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9 | (A) the year, make, model, style and color of the | ||||||
10 | vehicle;
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11 | (B) the vehicle's manufacturer's identification | ||||||
12 | number or, if
applicable, the Secretary of State or | ||||||
13 | Illinois Department of State Police
identification | ||||||
14 | number;
| ||||||
15 | (C) the date of acquisition of the vehicle;
| ||||||
16 | (D) the name and address of the person from whom | ||||||
17 | the vehicle was
acquired and, if that person is a | ||||||
18 | dealer, the Illinois or out-of-state
dealer license | ||||||
19 | number of such person;
| ||||||
20 | (E) the signature of the person making the | ||||||
21 | inspection of a used vehicle
as required under | ||||||
22 | subsection (d) of this Section, if applicable;
| ||||||
23 | (F) the purchase price of the vehicle, if | ||||||
24 | applicable;
| ||||||
25 | (G) the date of the disposition of the vehicle;
| ||||||
26 | (H) the name and address of the person to whom any |
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1 | vehicle was
disposed, and if that person is a dealer, | ||||||
2 | the Illinois
or out-of-State dealer's license number | ||||||
3 | of that dealer;
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4 | (I) the uniform invoice number reflecting the | ||||||
5 | disposition of the
vehicle, if applicable; and
| ||||||
6 | (J) The sale price of the vehicle, if applicable.
| ||||||
7 | (2) (A) The following records pertaining to used | ||||||
8 | essential
parts other than quarter panels and | ||||||
9 | transmissions of vehicles of the first
division shall be | ||||||
10 | kept:
| ||||||
11 | (i) the year, make, model, color and type of such | ||||||
12 | part;
| ||||||
13 | (ii) the vehicle's manufacturer's identification | ||||||
14 | number, derivative
number, or, if applicable, the | ||||||
15 | Secretary of State or Illinois Department of
State | ||||||
16 | Police identification number of such part;
| ||||||
17 | (iii) the date of the acquisition of each part;
| ||||||
18 | (iv) the name and address of the person from whom | ||||||
19 | the part was
acquired and, if that person is a dealer, | ||||||
20 | the Illinois or out-of-state
dealer license number of | ||||||
21 | such person; if the essential part being acquired
is | ||||||
22 | from a person other than a dealer, the licensee shall | ||||||
23 | verify and record
that person's identity by recording | ||||||
24 | the identification numbers from at
least two sources of | ||||||
25 | identification, one of which shall be a drivers
license | ||||||
26 | or State identification card;
|
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| |||||||
1 | (v) the uniform invoice number or out-of-state | ||||||
2 | bill of sale number
reflecting the acquisition of such | ||||||
3 | part;
| ||||||
4 | (vi) the stock number assigned to the essential | ||||||
5 | part by the licensee,
if applicable;
| ||||||
6 | (vii) the date of the disposition of such part;
| ||||||
7 | (viii) the name and address of the person to whom | ||||||
8 | such
part was disposed of and, if that person is a | ||||||
9 | dealer, the Illinois or
out-of-state dealer license | ||||||
10 | number of that person;
| ||||||
11 | (ix) the uniform invoice number reflecting the | ||||||
12 | disposition of
such part.
| ||||||
13 | (B) Inspections of all essential parts shall be | ||||||
14 | conducted in accordance
with Section 5-402.1.
| ||||||
15 | (C) A separate entry containing all of the information | ||||||
16 | required to be
recorded in subparagraph (A) of paragraph | ||||||
17 | (2) of subsection (a) of this
Section shall be made for | ||||||
18 | each separate essential part. Separate entries
shall be | ||||||
19 | made regardless of whether the part was a large purchase
| ||||||
20 | acquisition. In addition, a separate entry shall be made | ||||||
21 | for each part
acquired for immediate sale or transfer, or | ||||||
22 | for placement into the overall
inventory or stock to be | ||||||
23 | disposed of at a later time, or for use on a
vehicle to be | ||||||
24 | materially altered by the licensee, or acquired for any | ||||||
25 | other
purpose or reason. Failure to make a separate entry | ||||||
26 | for each essential part
acquired or disposed of, or a |
| |||||||
| |||||||
1 | failure to record any of the specific
information required | ||||||
2 | to be recorded concerning the acquisition or
disposition of | ||||||
3 | each essential part as set forth in subparagraph (A) of
| ||||||
4 | paragraph (2) of subsection (a) shall constitute a failure | ||||||
5 | to keep records.
| ||||||
6 | (D) The vehicle's manufacturer's identification number | ||||||
7 | or Secretary of
State or Illinois Department of State | ||||||
8 | Police identification number for the
essential part shall | ||||||
9 | be ascertained and recorded even if such part is
acquired | ||||||
10 | from a person or dealer located in a State, territory, or | ||||||
11 | country
which does not require that such information be | ||||||
12 | recorded. If the vehicle's
manufacturer's identification | ||||||
13 | number or Secretary of State or
Illinois Department of | ||||||
14 | State Police identification number for an essential part
| ||||||
15 | cannot be obtained, that part shall not be acquired by the | ||||||
16 | licensee or any of
his agents or employees. If such part or | ||||||
17 | parts were physically acquired by the
licensee or any of | ||||||
18 | his agents or employees while the licensee or
agent or | ||||||
19 | employee was outside this State, that licensee or agent or
| ||||||
20 | employee was outside the State, that licensee, agent or | ||||||
21 | employee shall not
bring such essential part into this | ||||||
22 | State or cause it to be brought into
this State. The | ||||||
23 | acquisition or disposition of an essential part by a
| ||||||
24 | licensee without the recording of the vehicle | ||||||
25 | identification number or
Secretary of State identification | ||||||
26 | number for such part or the
transportation into the State |
| |||||||
| |||||||
1 | by the licensee or his agent or employee of
such part or | ||||||
2 | parts shall constitute a failure to keep records.
| ||||||
3 | (E) The records of essential parts required to be kept | ||||||
4 | by this Section
shall apply to all hulks, chassis, frames | ||||||
5 | or cowls, regardless of the age
of those essential parts. | ||||||
6 | The records required to be kept by this Section
for | ||||||
7 | essential parts other than hulks, chassis, frames or cowls, | ||||||
8 | shall apply
only to those essential parts which are 6 model | ||||||
9 | years of age or newer. In
determining the model year of | ||||||
10 | such an essential part it may be presumed
that the | ||||||
11 | identification number of the vehicle from which the | ||||||
12 | essential part
came or the identification number affixed to | ||||||
13 | the essential part itself
acquired by the licensee denotes | ||||||
14 | the model year of that essential part.
This presumption, | ||||||
15 | however, shall not apply if the gross appearance of the
| ||||||
16 | essential part does not correspond to the year, make or | ||||||
17 | model of either the
identification number of the vehicle | ||||||
18 | from which the essential part is
alleged to have come or | ||||||
19 | the identification number which is affixed to the
essential | ||||||
20 | part itself. To determine whether an essential part is 6 | ||||||
21 | years
of age or newer within this paragraph, the model year | ||||||
22 | of the
essential part shall be subtracted from the calendar | ||||||
23 | year in which the
essential part is acquired or disposed of | ||||||
24 | by the licensee. If the
remainder is 6 or less, the record | ||||||
25 | of the acquisition or disposition of
that essential part | ||||||
26 | shall be kept as required by this Section.
|
| |||||||
| |||||||
1 | (F) The requirements of paragraph (2) of subsection (a) | ||||||
2 | of this
Section shall not apply to the disposition of an | ||||||
3 | essential part other than
a cowl which has been damaged or | ||||||
4 | altered to a state in which it can no
longer be returned to | ||||||
5 | a usable condition and which is being sold or
transferred | ||||||
6 | to a scrap processor or for delivery to a scrap processor.
| ||||||
7 | (3) the following records for vehicles on which junking | ||||||
8 | certificates are
obtained shall be kept:
| ||||||
9 | (A) the year, make, model, style and color of the | ||||||
10 | vehicle;
| ||||||
11 | (B) the vehicle's manufacturer's identification number | ||||||
12 | or, if
applicable, the Secretary of State or Illinois | ||||||
13 | Department of State Police
identification number;
| ||||||
14 | (C) the date the vehicle was acquired;
| ||||||
15 | (D) the name and address of the person from whom the | ||||||
16 | vehicle was
acquired and, if that person is a dealer, the | ||||||
17 | Illinois or out-of-state
dealer license number of that | ||||||
18 | person;
| ||||||
19 | (E) the certificate of title number or salvage | ||||||
20 | certificate number for
the vehicle, if applicable;
| ||||||
21 | (F) the junking certificate number obtained by the | ||||||
22 | licensee; this entry
shall be recorded at the close of | ||||||
23 | business of the fifth business
day after
receiving the | ||||||
24 | junking certificate;
| ||||||
25 | (G) the name and address of the person to whom the | ||||||
26 | junking certificate
has been assigned, if applicable, and |
| |||||||
| |||||||
1 | if that person is a dealer, the Illinois
or out-of-state | ||||||
2 | dealer license number of that dealer;
| ||||||
3 | (H) if the vehicle or any part of the vehicle is | ||||||
4 | dismantled for its
parts to be disposed of in any way, or | ||||||
5 | if such parts are to be used by the
licensee to materially | ||||||
6 | alter a vehicle, those essential parts shall be
recorded | ||||||
7 | and the entries required by
paragraph (2) of subsection (a) | ||||||
8 | shall be made.
| ||||||
9 | (4) The following records for rebuilt vehicles shall be | ||||||
10 | kept:
| ||||||
11 | (A) the year, make, model, style and color of the | ||||||
12 | vehicle;
| ||||||
13 | (B) the vehicle's manufacturer's identification number | ||||||
14 | of the vehicle
or, if applicable, the Secretary of State or | ||||||
15 | Illinois Department of State
Police identification number;
| ||||||
16 | (C) the date the vehicle was acquired;
| ||||||
17 | (D) the name and address of the person from whom the
| ||||||
18 | vehicle was acquired, and if that person is a dealer, the | ||||||
19 | Illinois or
out-of-state dealer license number of that
| ||||||
20 | person;
| ||||||
21 | (E) the salvage certificate number for the vehicle;
| ||||||
22 | (F) the newly issued certificate of title number for | ||||||
23 | the vehicle;
| ||||||
24 | (G) the date of disposition of the vehicle;
| ||||||
25 | (H) the name and address of the person to whom the | ||||||
26 | vehicle was
disposed, and if a dealer, the Illinois or |
| |||||||
| |||||||
1 | out-of-state dealer license
number of that dealer;
| ||||||
2 | (I) The sale price of the vehicle.
| ||||||
3 | (a-1) A person licensed or required to be licensed under | ||||||
4 | Section 5-101 or
Section 5-102 of this Code who issues | ||||||
5 | temporary registration permits as
permitted by
this Code and by | ||||||
6 | rule must electronically file the registration with the
| ||||||
7 | Secretary and must maintain records of the registration in the | ||||||
8 | manner
prescribed by the Secretary.
| ||||||
9 | (b) A failure to make separate entries for each vehicle | ||||||
10 | acquired,
disposed of, or assigned, or a failure to record any | ||||||
11 | of the specific
information required to be recorded concerning | ||||||
12 | the acquisition or
disposition of each vehicle as set forth in | ||||||
13 | paragraphs (1),
(3) and (4) of subsection (a) shall constitute | ||||||
14 | a failure to keep records.
| ||||||
15 | (c) All entries relating to the acquisition of a vehicle or | ||||||
16 | essential
part required by subsection (a) of this Section shall | ||||||
17 | be recorded no later than
the close of business on the seventh | ||||||
18 | calendar day following such acquisition.
All entries relating | ||||||
19 | to the disposition of a vehicle or an essential part
shall be | ||||||
20 | made at the time of such disposition. If the vehicle or | ||||||
21 | essential
part was disposed of on the same day as its | ||||||
22 | acquisition or the day
thereafter, the entries relating to the | ||||||
23 | acquisition of the vehicle or
essential part shall be made at | ||||||
24 | the time of the disposition of the vehicle
or essential part. | ||||||
25 | Failure to make the entries required in or at the times
| ||||||
26 | prescribed by this subsection following the acquisition or |
| |||||||
| |||||||
1 | disposition of
such vehicle or essential part shall constitute | ||||||
2 | a failure to keep records.
| ||||||
3 | (d) Every person licensed or required to be licensed shall,
| ||||||
4 | before accepting delivery of a used vehicle, inspect the
| ||||||
5 | vehicle to determine whether the manufacturer's public vehicle
| ||||||
6 | identification number has been defaced, destroyed,
falsified, | ||||||
7 | removed, altered, or tampered with in any way. If the person
| ||||||
8 | making the inspection determines that the manufacturer's | ||||||
9 | public vehicle
identification number has been altered, | ||||||
10 | removed, defaced, destroyed,
falsified or tampered with he | ||||||
11 | shall not acquire that vehicle but instead
shall promptly | ||||||
12 | notify law enforcement authorities of his finding.
| ||||||
13 | (e) The information required to be kept in subsection (a) | ||||||
14 | of this
Section shall be kept in a manner prescribed by rule or | ||||||
15 | regulation of the
Secretary of State.
| ||||||
16 | (f) Every person licensed or required to be licensed shall | ||||||
17 | have in his
possession a separate certificate of title, salvage | ||||||
18 | certificate, junking
certificate, certificate of purchase, | ||||||
19 | uniform invoice, out-of-state bill of
sale or other acceptable | ||||||
20 | documentary evidence of his right to the
possession of every | ||||||
21 | vehicle or essential part.
| ||||||
22 | (g) Every person licensed or required to be licensed as a | ||||||
23 | transporter
under Section 5-201 shall maintain for 3 years, in | ||||||
24 | such form as the
Secretary of State may by rule or regulation | ||||||
25 | prescribe, at his principal
place of business a record of every | ||||||
26 | vehicle transported by him, including
numbers of or other marks |
| |||||||
| |||||||
1 | of identification thereof, the names and
addresses of persons | ||||||
2 | from whom and to whom the vehicle was delivered and
the dates | ||||||
3 | of delivery.
| ||||||
4 | (h) No later than 15 days prior to going out of business, | ||||||
5 | selling the
business, or transferring the ownership of the | ||||||
6 | business, the licensee shall
notify the Secretary of State that | ||||||
7 | he is going out of business or that he
is transferring the | ||||||
8 | ownership of the business. Failure to notify under this
| ||||||
9 | paragraph shall constitute a failure to keep records.
| ||||||
10 | (i) (Blank).
| ||||||
11 | (j) A person who knowingly fails to comply with the | ||||||
12 | provisions of this
Section or
knowingly fails to obey, observe, | ||||||
13 | or comply with any order of the Secretary or
any law
| ||||||
14 | enforcement agency issued
in accordance with this Section is | ||||||
15 | guilty of a Class B misdemeanor for the
first violation and a | ||||||
16 | Class A misdemeanor for the second and subsequent
violations. | ||||||
17 | Each violation constitutes a separate and distinct offense and | ||||||
18 | a
separate count may be brought in the same indictment or | ||||||
19 | information for each
vehicle or each essential part of a | ||||||
20 | vehicle for which a record was not kept as
required by this | ||||||
21 | Section.
| ||||||
22 | (k) Any person convicted of failing to keep the records | ||||||
23 | required by this
Section with intent to conceal the identity or | ||||||
24 | origin of a vehicle or its
essential parts or with intent to | ||||||
25 | defraud the public in the transfer or sale of
vehicles or their | ||||||
26 | essential parts is guilty of a Class 2 felony. Each violation
|
| |||||||
| |||||||
1 | constitutes a separate and distinct offense and a separate | ||||||
2 | count may be brought
in the same indictment or information for | ||||||
3 | each vehicle or
essential part of a vehicle for which a record | ||||||
4 | was not kept as required by this
Section.
| ||||||
5 | (l) A person may not be criminally charged with or | ||||||
6 | convicted of both a
knowing failure to comply with this Section | ||||||
7 | and a knowing failure to comply
with any order, if both | ||||||
8 | offenses involve the same record keeping violation.
| ||||||
9 | (m) The Secretary shall adopt rules necessary for | ||||||
10 | implementation of this
Section, which may include the | ||||||
11 | imposition of administrative fines.
| ||||||
12 | (Source: P.A. 91-415, eff. 1-1-00; 92-773, eff. 8-6-02.)
| ||||||
13 | (625 ILCS 5/8-101) (from Ch. 95 1/2, par. 8-101)
| ||||||
14 | Sec. 8-101. Proof of financial responsibility -
Persons who | ||||||
15 | operate motor vehicles in
transportation of passengers for | ||||||
16 | hire.
| ||||||
17 | (a) It is unlawful for any person, firm or corporation to | ||||||
18 | operate any motor
vehicle along or upon any public street or | ||||||
19 | highway in any incorporated
city, town or village in this State | ||||||
20 | for the carriage of passengers for
hire, accepting and | ||||||
21 | discharging all such persons as may offer themselves
for | ||||||
22 | transportation unless such person, firm or corporation has | ||||||
23 | given, and
there is in full force and effect and on file with | ||||||
24 | the Secretary of State
of Illinois, proof of financial | ||||||
25 | responsibility provided in this Act. |
| |||||||
| |||||||
1 | (b) In
addition this Section shall also apply to persons, | ||||||
2 | firms or corporations
who are in the business of providing | ||||||
3 | transportation services for minors to
or from educational or | ||||||
4 | recreational facilities, except that this Section
shall not | ||||||
5 | apply to public utilities subject to regulation under "An Act
| ||||||
6 | concerning public utilities," approved June 29, 1921, as | ||||||
7 | amended, or to
school buses which are operated by public or | ||||||
8 | parochial schools and are
engaged solely in the transportation | ||||||
9 | of the pupils who attend such schools.
| ||||||
10 | (c) This Section also applies to a contract carrier | ||||||
11 | transporting
employees in the course of their employment on a | ||||||
12 | highway of this State in a
vehicle
designed to carry 15 or | ||||||
13 | fewer passengers. As part of proof of financial responsibility, | ||||||
14 | a contract carrier transporting employees , including but not | ||||||
15 | limited to railroad employees, in the course of their | ||||||
16 | employment is required to verify hit and run and uninsured | ||||||
17 | motor vehicle coverage, as provided in Section 143a of the | ||||||
18 | Illinois Insurance Code, and underinsured motor vehicle | ||||||
19 | coverage, as provided in Section 143a-2 of the Illinois | ||||||
20 | Insurance Code, in a total amount of not less than $250,000 per | ||||||
21 | passenger , except that beginning on January 1, 2016 the total | ||||||
22 | amount shall be not less than $500,000 per passenger . | ||||||
23 | (d) This Section shall not apply to
any person | ||||||
24 | participating in a ridesharing
arrangement or operating a | ||||||
25 | commuter van, but only during the performance
of activities | ||||||
26 | authorized by the Ridesharing Arrangements Act.
|
| |||||||
| |||||||
1 | (e) If the person operating such motor vehicle is not the | ||||||
2 | owner, then proof
of financial responsibility filed hereunder | ||||||
3 | must provide that the owner is
primarily liable.
| ||||||
4 | (Source: P.A. 94-319, eff. 1-1-06.)
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
|