Illinois-2009-HB5117-Introduced

96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5117

Introduced 1/29/2010, by Rep. Chapin Rose

SYNOPSIS AS INTRODUCED:

`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`

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).

LRB096 16839 AJT 32150 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 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:

8 (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)

9 Sec. 5-101. New vehicle dealers must be licensed.

10 (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

16 licensed to do so in writing by the Secretary of State under

17 the provisions of this Section.

18 (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:

22 1. The name and type of business organization of the

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1 applicant and his established and additional places of

2 business, if any, in this State.

3 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

9 organization, the name and residence address of the

10 proprietor or of each partner, member, officer, director,

11 trustee, or manager.

12 3. The make or makes of new vehicles which the

13 applicant will offer for sale at retail in this State.

14 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

18 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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1 manufacturer and second stage manufacturer.

2 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.

12 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

26 policy was filed. Trailer and mobile home dealers are

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1 exempt from this requirement.

2 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

5 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.

18 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.

22 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

26 which the person is considering to purchase or lease, in

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1 order to evaluate the performance, reliability, or

2 condition of the vehicle. The term "permitted user" also

3 includes a person who, with the permission of the new

4 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.

7 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.

14 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.

19 7. (A) An application for a new motor vehicle dealer's

20 license shall be accompanied by the following license fees:

21 $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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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. All moneys received by the

5 Secretary of State as license fees under paragraph

6 (7)(A) of subsection (b) of this Section prior to

7 applications for the 2004 licensing year shall be

8 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

12 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.

18 (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:

22 $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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1 established place of business plus $25 for each

2 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

5 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,

8 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.

19 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

25 administrative proceedings of any one of the following

26 Acts:

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1 (A) The Anti Theft Laws of the Illinois Vehicle

2 Code;

3 (B) The Certificate of Title Laws of the Illinois

4 Vehicle Code;

5 (C) The Offenses against Registration and

6 Certificates of Title Laws of the Illinois Vehicle

7 Code;

8 (D) The Dealers, Transporters, Wreckers and

9 Rebuilders Laws of the Illinois Vehicle Code;

10 (E) Section 21-2 of the Criminal Code of 1961,

11 Criminal Trespass to Vehicles; or

12 (F) The Retailers' Occupation Tax Act.

13 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

19 administrative proceedings, of any one or more of the

20 following Acts:

21 (A) The Consumer Finance Act;

22 (B) The Consumer Installment Loan Act;

23 (C) The Retail Installment Sales Act;

24 (D) The Motor Vehicle Retail Installment Sales

25 Act;

26 (E) The Interest Act;

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1 (F) The Illinois Wage Assignment Act;

2 (G) Part 8 of Article XII of the Code of Civil

3 Procedure; or

4 (H) The Consumer Fraud Act.

5 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

11 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

15 taxes (excluding taxes under the Retailers' Occupation Tax

16 Act) accepted by the applicant as a new vehicle dealer.

17 11. Such other information concerning the business of

18 the applicant as the Secretary of State may by rule or

19 regulation prescribe.

20 12. A statement that the applicant understands Chapter

21 One through Chapter Five of this Code.

22 (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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1 amendatory fee of $2.

2 (d) Anything in this Chapter 5 to the contrary

3 notwithstanding no person shall be licensed as a new vehicle

4 dealer unless:

5 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

8 2. Such person shall maintain an established place of

9 business as defined in this Act.

10 (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

17 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:

21 1. The name of the person licensed;

22 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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1 manager;

2 3. In the case of an original license, the established

3 place of business of the licensee;

4 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;

8 5. The make or makes of new vehicles which the licensee

9 is licensed to sell.

10 (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.

15 (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.

20 (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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1 effective license shall remain in force until the application

2 is granted or denied by the Secretary of State.

3 (i) All persons licensed as a new vehicle dealer are

4 required to furnish each purchaser of a motor vehicle:

5 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;

9 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;

12 3. A bill of sale properly executed on behalf of such

13 person;

14 4. A copy of the Uniform Invoice-transaction reporting

15 return referred to in Section 5-402 hereof;

16 5. In the case of a rebuilt vehicle, a copy of the

17 Disclosure of Rebuilt Vehicle Status; and

18 6. In the case of a vehicle for which the warranty has

19 been reinstated, a copy of the warranty.

20 (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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1 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.

5 This amendatory Act of 1983 shall be applicable to the 1984

6 registration year and thereafter.

7 (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32,

8 eff. 7-1-03.)

9 (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 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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1 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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1 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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1 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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1 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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1 violations, as determined in any civil or criminal or

2 administrative proceedings, of any one or more of the

3 following Acts:

4 (A) The Consumer Finance Act;

5 (B) The Consumer Installment Loan Act;

6 (C) The Retail Installment Sales Act;

7 (D) The Motor Vehicle Retail Installment Sales

8 Act;

9 (E) The Interest Act;

10 (F) The Illinois Wage Assignment Act;

11 (G) Part 8 of Article XII of the Code of Civil

12 Procedure; or

13 (H) The Consumer Fraud Act.

14 8. A bond or Certificate of Deposit in the amount of

15 $20,000 for each location at which the applicant intends to

16 act as a used vehicle dealer. The bond shall be for the

17 term of the license, or its renewal, for which application

18 is made, and shall expire not sooner than December 31 of

19 the year for which the license was issued or renewed. The

20 bond shall run to the People of the State of Illinois, with

21 surety by a bonding or insurance company authorized to do

22 business in this State. It shall be conditioned upon the

23 proper transmittal of all title and registration fees and

24 taxes (excluding taxes under the Retailers' Occupation Tax

25 Act) accepted by the applicant as a used vehicle dealer.

26 9. Such other information concerning the business of

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1 the applicant as the Secretary of State may by rule or

2 regulation prescribe.

3 10. A statement that the applicant understands Chapter

4 1 through Chapter 5 of this Code.

5 11. A copy of the certification from the prelicensing

6 education program.

7 (c) Any change which renders no longer accurate any

8 information contained in any application for a used vehicle

9 dealer's license shall be amended within 30 days after the

10 occurrence of each change on such form as the Secretary of

11 State may prescribe by rule or regulation, accompanied by an

12 amendatory fee of $2.

13 (d) Anything in this Chapter to the contrary

14 notwithstanding, no person shall be licensed as a used vehicle

15 dealer unless such person maintains an established place of

16 business as defined in this Chapter.

17 (e) The Secretary of State shall, within a reasonable time

18 after receipt, examine an application submitted to him under

19 this Section. Unless the Secretary makes a determination that

20 the application submitted to him does not conform to this

21 Section or that grounds exist for a denial of the application

22 under Section 5-501 of this Chapter, he must grant the

23 applicant an original used vehicle dealer's license in writing

24 for his established place of business and a supplemental

25 license in writing for each additional place of business in

26 such form as he may prescribe by rule or regulation which shall

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1 include the following:

2 1. The name of the person licensed;

3 2. If a corporation, the name and address of its

4 officers or if a sole proprietorship, a partnership, an

5 unincorporated association or any similar form of business

6 organization, the name and address of the proprietor or of

7 each partner, member, officer, director, trustee or

8 manager;

9 3. In case of an original license, the established

10 place of business of the licensee;

11 4. In the case of a supplemental license, the

12 established place of business of the licensee and the

13 additional place of business to which such supplemental

14 license pertains.

15 (f) The appropriate instrument evidencing the license or a

16 certified copy thereof, provided by the Secretary of State

17 shall be kept posted, conspicuously, in the established place

18 of business of the licensee and in each additional place of

19 business, if any, maintained by such licensee.

20 (g) Except as provided in subsection (h) of this Section,

21 all used vehicle dealer's licenses granted under this Section

22 expire by operation of law on December 31 of the calendar year

23 for which they are granted unless sooner revoked or cancelled

24 under Section 5-501 of this Chapter.

25 (h) A used vehicle dealer's license may be renewed upon

26 application and payment of the fee required herein, and

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1 submission of proof of coverage by an approved bond under the

2 "Retailers' Occupation Tax Act" or proof that applicant is not

3 subject to such bonding requirements, as in the case of an

4 original license, but in case an application for the renewal of

5 an effective license is made during the month of December, the

6 effective license shall remain in force until the application

7 for renewal is granted or denied by the Secretary of State.

8 (i) All persons licensed as a used vehicle dealer are

9 required to furnish each purchaser of a motor vehicle:

10 1. A certificate of title properly assigned to the

11 purchaser;

12 2. A statement verified under oath that all identifying

13 numbers on the vehicle agree with those on the certificate

14 of title;

15 3. A bill of sale properly executed on behalf of such

16 person;

17 4. A copy of the Uniform Invoice-transaction reporting

18 return referred to in Section 5-402 of this Chapter;

19 5. In the case of a rebuilt vehicle, a copy of the

20 Disclosure of Rebuilt Vehicle Status; and

21 6. In the case of a vehicle for which the warranty has

22 been reinstated, a copy of the warranty.

23 (j) A real estate broker holding a valid certificate of

24 registration issued pursuant to "The Real Estate Brokers and

25 Salesmen License Act" may engage in the business of selling or

26 dealing in house trailers not his own without being licensed as

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1 a used vehicle dealer under this Section; however such broker

2 shall maintain a record of the transaction including the

3 following:

4 (1) the name and address of the buyer and seller,

5 (2) the date of sale,

6 (3) a description of the mobile home, including the

7 vehicle identification number, make, model, and year, and

8 (4) the Illinois certificate of title number.

9 The foregoing records shall be available for inspection by

10 any officer of the Secretary of State's Office at any

11 reasonable hour.

12 (k) Except at the time of sale or repossession of the

13 vehicle, no person licensed as a used vehicle dealer may issue

14 any other person a newly created key to a vehicle unless the

15 used vehicle dealer makes a copy of the driver's license or

16 State identification card of the person requesting or obtaining

17 the newly created key. The used vehicle dealer must retain the

18 copy for 30 days.

19 A used vehicle dealer who violates this subsection (k) is

20 guilty of a petty offense. Violation of this subsection (k) is

21 not cause to suspend, revoke, cancel, or deny renewal of the

22 used vehicle dealer's license.

23 (l) Used vehicle dealers licensed under this Section shall

24 provide the Secretary of State a register for the sale at

25 auction of each salvage or junk certificate vehicle. Each

26 register shall include the following information:

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1 1. The year, make, model, style and color of the

2 vehicle;

3 2. The vehicle's manufacturer's identification number

4 or, if applicable, the Secretary of State or Illinois

5 Department of State Police identification number;

6 3. The date of acquisition of the vehicle;

7 4. The name and address of the person from whom the

8 vehicle was acquired;

9 5. The name and address of the person to whom any

10 vehicle was disposed, the person's Illinois license number

11 or if the person is an out-of-state salvage vehicle buyer,

12 the license number from the state or jurisdiction where the

13 buyer is licensed; and

14 6. The purchase price of the vehicle.

15 The register shall be submitted to the Secretary of State

16 via written or electronic means within 10 calendar days from

17 the date of the auction.

18 (Source: P.A. 95-783, eff. 1-1-09; 96-678, eff. 8-25-09.)