Bill Text: IL HB2773 | 2013-2014 | 98th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Changes the fee schedule for new and used vehicle dealers that is charged for inclusion in the Dealer Recovery Trust Fund to a graduated payment schedule based on the number of cars sold in the previous year. Provides that the fees for renewal of license are (i) $150 for automobile dealers selling fewer than 200 automobiles per year, (ii) $300 for automobile dealers selling 200 or more automobiles but less than 300 automobiles per year, and (iii) $500 for automobile dealers selling 300 or more automobiles a year.
Spectrum: Slight Partisan Bill (Republican 11-5)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0450 [HB2773 Detail]
Download: Illinois-2013-HB2773-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Changes the fee schedule for new and used vehicle dealers that is charged for inclusion in the Dealer Recovery Trust Fund to a graduated payment schedule based on the number of cars sold in the previous year. Provides that the fees for renewal of license are (i) $150 for automobile dealers selling fewer than 200 automobiles per year, (ii) $300 for automobile dealers selling 200 or more automobiles but less than 300 automobiles per year, and (iii) $500 for automobile dealers selling 300 or more automobiles a year.
Spectrum: Slight Partisan Bill (Republican 11-5)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0450 [HB2773 Detail]
Download: Illinois-2013-HB2773-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 5-101 and 5-102 as follows:
| ||||||
6 | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
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7 | Sec. 5-101. New vehicle dealers must be licensed.
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8 | (a) No person shall engage in this State in the business of | ||||||
9 | selling
or dealing in, on consignment or otherwise, new | ||||||
10 | vehicles of any make, or
act as an intermediary or agent or | ||||||
11 | broker for any licensed dealer or
vehicle purchaser other than | ||||||
12 | as a salesperson, or represent or advertise
that he is so | ||||||
13 | engaged or intends to so engage in such business unless
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14 | licensed to do so in writing by the Secretary of State under | ||||||
15 | the
provisions of this Section.
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16 | (b) An application for a new vehicle dealer's license shall | ||||||
17 | be filed
with the Secretary of State, duly verified by oath, on | ||||||
18 | such form as the
Secretary of State may by rule or regulation | ||||||
19 | prescribe and shall contain:
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20 | 1. The name and type of business organization of the | ||||||
21 | applicant and
his established and additional places of | ||||||
22 | business, if any, in this State.
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23 | 2. If the applicant is a corporation, a list of its |
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1 | officers,
directors, and shareholders having a ten percent | ||||||
2 | or greater ownership
interest in the corporation, setting | ||||||
3 | forth the residence address of
each; if the applicant is a | ||||||
4 | sole proprietorship, a partnership, an
unincorporated | ||||||
5 | association, a trust, or any similar form of business
| ||||||
6 | organization, the name and residence address of the | ||||||
7 | proprietor or of
each partner, member, officer, director, | ||||||
8 | trustee, or manager.
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9 | 3. The make or makes of new vehicles which the | ||||||
10 | applicant will offer
for sale at retail in this State.
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11 | 4. The name of each manufacturer or franchised | ||||||
12 | distributor, if any,
of new vehicles with whom the | ||||||
13 | applicant has contracted for the sale of
such new vehicles. | ||||||
14 | As evidence of this fact, the application shall be
| ||||||
15 | accompanied by a signed statement from each such | ||||||
16 | manufacturer or
franchised distributor. If the applicant | ||||||
17 | is in the business of
offering for sale new conversion | ||||||
18 | vehicles, trucks or vans, except for
trucks modified to | ||||||
19 | serve a special purpose which includes but is not
limited | ||||||
20 | to the following vehicles: street sweepers, fertilizer | ||||||
21 | spreaders,
emergency vehicles, implements of husbandry or | ||||||
22 | maintenance type vehicles,
he must furnish evidence of a | ||||||
23 | sales and service agreement from both the
chassis | ||||||
24 | manufacturer and second stage manufacturer.
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25 | 5. A statement that the applicant has been approved for | ||||||
26 | registration
under the Retailers' Occupation Tax Act by the |
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1 | Department of Revenue:
Provided that this requirement does | ||||||
2 | not apply to a dealer who is already
licensed hereunder | ||||||
3 | with the Secretary of State, and who is merely applying
for | ||||||
4 | a renewal of his license. As evidence of this fact, the | ||||||
5 | application
shall be accompanied by a certification from | ||||||
6 | the Department of Revenue
showing that that Department has | ||||||
7 | approved the applicant for registration
under the | ||||||
8 | Retailers' Occupation Tax Act.
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9 | 6. A statement that the applicant has complied with the | ||||||
10 | appropriate
liability insurance requirement. A Certificate | ||||||
11 | of Insurance in a solvent
company authorized to do business | ||||||
12 | in the State of Illinois shall be included
with each | ||||||
13 | application covering each location at which he proposes to | ||||||
14 | act
as a new vehicle dealer. The policy must provide | ||||||
15 | liability coverage in
the minimum amounts of $100,000 for | ||||||
16 | bodily injury to, or death of, any person,
$300,000 for | ||||||
17 | bodily injury to, or death of, two or more persons in any | ||||||
18 | one
accident, and $50,000 for damage to property. Such | ||||||
19 | policy shall expire
not sooner than December 31 of the year | ||||||
20 | for which the license was issued
or renewed. The expiration | ||||||
21 | of the insurance policy shall not terminate
the liability | ||||||
22 | under the policy arising during the period for which the
| ||||||
23 | policy was filed. Trailer and mobile home dealers are | ||||||
24 | exempt from this
requirement.
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25 | If the permitted user has a liability insurance policy | ||||||
26 | that provides
automobile
liability insurance coverage of |
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1 | at least $100,000 for bodily injury to or the
death of any
| ||||||
2 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
3 | or more persons in
any one
accident, and $50,000 for damage | ||||||
4 | to property,
then the permitted user's insurer shall be the | ||||||
5 | primary
insurer and the
dealer's insurer shall be the | ||||||
6 | secondary insurer. If the permitted user does not
have a | ||||||
7 | liability
insurance policy that provides automobile | ||||||
8 | liability insurance coverage of at
least
$100,000 for | ||||||
9 | bodily injury to or the death of any person, $300,000 for | ||||||
10 | bodily
injury to or the death of any 2 or more persons in | ||||||
11 | any one accident, and
$50,000 for damage to property, or | ||||||
12 | does not have any insurance at all,
then the dealer's | ||||||
13 | insurer shall be the primary insurer and the permitted | ||||||
14 | user's
insurer shall be the secondary
insurer.
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15 | When a permitted user is "test driving" a new vehicle | ||||||
16 | dealer's automobile,
the new vehicle dealer's insurance | ||||||
17 | shall be primary and the permitted user's
insurance shall | ||||||
18 | be secondary.
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19 | As used in this paragraph 6, a "permitted user" is a | ||||||
20 | person who, with the
permission of the new vehicle dealer | ||||||
21 | or an employee of the new vehicle dealer,
drives a vehicle | ||||||
22 | owned and held for sale or lease by the new vehicle dealer
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23 | which the person is considering
to purchase or lease, in | ||||||
24 | order to evaluate the performance, reliability, or
| ||||||
25 | condition of the vehicle.
The term "permitted user" also | ||||||
26 | includes a person who, with the permission of
the new
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1 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
2 | lease by the new
vehicle dealer
for loaner purposes while | ||||||
3 | the user's vehicle is being repaired or evaluated.
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4 | As used in this paragraph 6, "test driving" occurs when | ||||||
5 | a permitted user
who,
with the permission of the new | ||||||
6 | vehicle dealer or an employee of the new vehicle
dealer, | ||||||
7 | drives a vehicle owned and held for sale or lease by a new | ||||||
8 | vehicle
dealer that the person is considering to purchase | ||||||
9 | or lease, in order to
evaluate the performance, | ||||||
10 | reliability, or condition of the
vehicle.
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11 | As used in this paragraph 6, "loaner purposes" means | ||||||
12 | when a person who,
with the permission of the new vehicle | ||||||
13 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
14 | the new vehicle dealer while the
user's vehicle is being | ||||||
15 | repaired or evaluated.
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16 | 7. (A) An application for a new motor vehicle dealer's | ||||||
17 | license shall be
accompanied by the following license fees:
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18 | (i) $1,000 for applicant's established place of | ||||||
19 | business, and
$100 for each
additional place of | ||||||
20 | business, if any, to which the application
pertains; | ||||||
21 | but if the application is made after June 15 of any | ||||||
22 | year, the license
fee shall be $500 for applicant's | ||||||
23 | established place of business
plus
$50 for each | ||||||
24 | additional place of business, if any, to which the
| ||||||
25 | application pertains. License fees shall be returnable | ||||||
26 | only in the event that
the application is denied by the |
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| |||||||
1 | Secretary of State.
All moneys received by the | ||||||
2 | Secretary of State as license fees under this | ||||||
3 | subparagraph (i) prior to applications for the 2004
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4 | licensing year
shall be
deposited into the Motor | ||||||
5 | Vehicle Review Board Fund and shall
be used to | ||||||
6 | administer the Motor Vehicle Review Board under the | ||||||
7 | Motor Vehicle
Franchise Act. Of the money received by | ||||||
8 | the Secretary of State as license
fees under this | ||||||
9 | subparagraph (i) for the 2004
licensing year and
| ||||||
10 | thereafter, 10% shall
be deposited into the Motor | ||||||
11 | Vehicle Review Board Fund and shall be used to
| ||||||
12 | administer the Motor Vehicle Review Board under the | ||||||
13 | Motor Vehicle Franchise Act
and 90% shall be deposited | ||||||
14 | into the General Revenue Fund.
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15 | (ii) Except as provided in subsection (h) of | ||||||
16 | Section 5-102.7 of this Code, an Annual Dealer Recovery | ||||||
17 | Fund Fee . For applications for the initial issuance of | ||||||
18 | a dealer's license, the fee shall be in the amount of | ||||||
19 | $500 for the applicant's established place of | ||||||
20 | business, and $50 for each additional place of | ||||||
21 | business, if any, to which the application pertains; | ||||||
22 | but if the application is made after June 15 of any | ||||||
23 | year, the fee shall be $250 for the applicant's | ||||||
24 | established place of business plus $25 for each | ||||||
25 | additional place of business, if any, to which the | ||||||
26 | application pertains. For a license renewal |
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| |||||||
1 | application, the fee shall be based on the amount of | ||||||
2 | automobiles sold in the past year according to the | ||||||
3 | following formula: | ||||||
4 | (1) $150 for dealers selling fewer than 200 | ||||||
5 | automobiles; | ||||||
6 | (2) $300 for dealers selling 200 or more | ||||||
7 | automobiles but less than 300 automobiles; and | ||||||
8 | (3) $500 for dealers selling 300 or more | ||||||
9 | automobiles. | ||||||
10 | License fees shall be returnable only in the event | ||||||
11 | that the application is denied by the Secretary of | ||||||
12 | State. Moneys received under this subparagraph (ii) | ||||||
13 | shall be deposited into the Dealer Recovery Trust Fund.
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14 | (B) An application for a new vehicle dealer's license, | ||||||
15 | other than for
a new motor vehicle dealer's license, shall | ||||||
16 | be accompanied by the following
license fees:
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17 | (i) $1,000 for applicant's established place of | ||||||
18 | business, and
$50 for each
additional place of | ||||||
19 | business, if any, to which the application pertains; | ||||||
20 | but if
the application is made after June 15 of any | ||||||
21 | year, the license fee shall be
$500
for applicant's | ||||||
22 | established place of business plus $25 for each
| ||||||
23 | additional
place of business, if any, to which the | ||||||
24 | application pertains. License fees
shall be returnable | ||||||
25 | only in the event that the application is denied by the
| ||||||
26 | Secretary of State. Of the money received by the |
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1 | Secretary of State as
license fees under this | ||||||
2 | subparagraph (i) for the 2004 licensing year and | ||||||
3 | thereafter,
95% shall be deposited into the General | ||||||
4 | Revenue Fund.
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5 | (ii) Except as provided in subsection (h) of | ||||||
6 | Section 5-102.7 of this Code, an Annual Dealer Recovery | ||||||
7 | Fund Fee in the amount of $500 for the applicant's | ||||||
8 | established place of business, and $50 for each | ||||||
9 | additional place of business, if any, to which the | ||||||
10 | application pertains; but if the application is made | ||||||
11 | after June 15 of any year, the fee shall be $250 for | ||||||
12 | the applicant's established place of business plus $25 | ||||||
13 | for each additional place of business, if any, to which | ||||||
14 | the application pertains. License fees shall be | ||||||
15 | returnable only in the event that the application is | ||||||
16 | denied by the Secretary of State. Moneys received under | ||||||
17 | this subparagraph (ii) shall be deposited into the | ||||||
18 | Dealer Recovery Trust Fund.
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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;
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5 | (C) The Offenses against Registration and | ||||||
6 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
7 | Code;
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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 or | ||||||
11 | the Criminal Code of 2012, Criminal Trespass to
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12 | Vehicles; or
| ||||||
13 | (F) The Retailers' Occupation Tax Act.
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14 | 9. A statement that the applicant's officers, | ||||||
15 | directors,
shareholders having a 10% or greater ownership | ||||||
16 | interest
therein, proprietor, partner, member, officer, | ||||||
17 | director, trustee, manager
or other principals in the | ||||||
18 | business have not committed in any calendar year
3 or more | ||||||
19 | violations, as determined in any civil, criminal or
| ||||||
20 | administrative proceedings, of any one or more of the | ||||||
21 | following Acts:
| ||||||
22 | (A) The Consumer Finance Act;
| ||||||
23 | (B) The Consumer Installment Loan Act;
| ||||||
24 | (C) The Retail Installment Sales Act;
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25 | (D) The Motor Vehicle Retail Installment Sales | ||||||
26 | Act;
|
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| |||||||
1 | (E) The Interest Act;
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2 | (F) The Illinois Wage Assignment Act;
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3 | (G) Part 8 of Article XII of the Code of Civil | ||||||
4 | Procedure; or
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5 | (H) The Consumer Fraud Act.
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6 | 10. A bond or certificate of deposit in the amount of | ||||||
7 | $20,000 for
each location at which the applicant intends to | ||||||
8 | act as a new vehicle
dealer. The bond shall be for the term | ||||||
9 | of the license, or its renewal, for
which application is | ||||||
10 | made, and shall expire not sooner than
December 31 of the | ||||||
11 | year for which the license was issued or renewed. The bond
| ||||||
12 | shall run to the People of the State of Illinois, with | ||||||
13 | surety by a bonding or
insurance company authorized to do | ||||||
14 | business in this State. It shall be
conditioned upon the | ||||||
15 | proper transmittal of all title and registration fees and
| ||||||
16 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
17 | Act) accepted by the
applicant as a new vehicle dealer.
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18 | 11. Such other information concerning the business of | ||||||
19 | the applicant as
the Secretary of State may by rule or | ||||||
20 | regulation prescribe.
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21 | 12. A statement that the applicant understands Chapter | ||||||
22 | One through
Chapter Five of this Code.
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23 | (c) Any change which renders no longer accurate any | ||||||
24 | information
contained in any application for a new vehicle | ||||||
25 | dealer's license shall be
amended within 30 days after the | ||||||
26 | occurrence of such change on such form
as the Secretary of |
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1 | State may prescribe by rule or regulation,
accompanied by an | ||||||
2 | amendatory fee of $2.
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3 | (d) Anything in this Chapter 5 to the contrary | ||||||
4 | notwithstanding no
person shall be licensed as a new vehicle | ||||||
5 | dealer unless:
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6 | 1. He is authorized by contract in writing between | ||||||
7 | himself and the
manufacturer or franchised distributor of | ||||||
8 | such make of vehicle to so
sell the same in this State, and
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9 | 2. Such person shall maintain an established place of | ||||||
10 | business as
defined in this Act.
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11 | (e) The Secretary of State shall, within a reasonable time | ||||||
12 | after
receipt, examine an application submitted to him under | ||||||
13 | this Section and
unless he makes a determination that the | ||||||
14 | application submitted to him
does not conform with the | ||||||
15 | requirements of this Section or that grounds
exist for a denial | ||||||
16 | of the application, under Section 5-501 of this
Chapter, grant | ||||||
17 | the applicant an original new vehicle dealer's license in
| ||||||
18 | writing for his established place of business and a | ||||||
19 | supplemental license
in writing for each additional place of | ||||||
20 | business in such form as he may
prescribe by rule or regulation | ||||||
21 | which shall include the following:
| ||||||
22 | 1. The name of the person licensed;
| ||||||
23 | 2. If a corporation, the name and address of its | ||||||
24 | officers or if a
sole proprietorship, a partnership, an | ||||||
25 | unincorporated association or any
similar form of business | ||||||
26 | organization, the name and address of the
proprietor or of |
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1 | each partner, member, officer, director, trustee or
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2 | manager;
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3 | 3. In the case of an original license, the established | ||||||
4 | place of
business of the licensee;
| ||||||
5 | 4. In the case of a supplemental license, the | ||||||
6 | established place of
business of the licensee and the | ||||||
7 | additional place of business to which such
supplemental | ||||||
8 | license pertains;
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9 | 5. The make or makes of new vehicles which the licensee | ||||||
10 | is licensed
to sell.
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11 | (f) The appropriate instrument evidencing the license or a | ||||||
12 | certified
copy thereof, provided by the Secretary of State, | ||||||
13 | shall be kept posted
conspicuously in the established place of | ||||||
14 | business of the licensee and
in each additional place of | ||||||
15 | business, if any, maintained by such
licensee.
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16 | (g) Except as provided in subsection (h) hereof, all new | ||||||
17 | vehicle
dealer's licenses granted under this Section shall | ||||||
18 | expire by operation
of law on December 31 of the calendar year | ||||||
19 | for which they are granted
unless sooner revoked or cancelled | ||||||
20 | under the provisions of Section 5-501
of this Chapter.
| ||||||
21 | (h) A new vehicle dealer's license may be renewed upon | ||||||
22 | application
and payment of the fee required herein, and | ||||||
23 | submission of proof of
coverage under an approved bond under | ||||||
24 | the "Retailers' Occupation Tax
Act" or proof that applicant is | ||||||
25 | not subject to such bonding
requirements, as in the case of an | ||||||
26 | original license, but in case an
application for the renewal of |
| |||||||
| |||||||
1 | an effective license is made during the
month of December, the | ||||||
2 | effective license shall remain in force until the
application | ||||||
3 | is granted or denied by the Secretary of State.
| ||||||
4 | (i) All persons licensed as a new vehicle dealer are | ||||||
5 | required to
furnish each purchaser of a motor vehicle:
| ||||||
6 | 1. In the case of a new vehicle a manufacturer's | ||||||
7 | statement of origin
and in the case of a used motor vehicle | ||||||
8 | a certificate of title, in
either case properly assigned to | ||||||
9 | the purchaser;
| ||||||
10 | 2. A statement verified under oath that all identifying | ||||||
11 | numbers on
the vehicle agree with those on the certificate | ||||||
12 | of title or
manufacturer's statement of origin;
| ||||||
13 | 3. A bill of sale properly executed on behalf of such | ||||||
14 | person;
| ||||||
15 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
16 | return
referred to in Section 5-402 hereof;
| ||||||
17 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
18 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
19 | 6. In the case of a vehicle for which the warranty has | ||||||
20 | been reinstated, a
copy of the warranty.
| ||||||
21 | (j) Except at the time of sale or repossession of the | ||||||
22 | vehicle, no person
licensed as a new vehicle dealer may issue | ||||||
23 | any other person a newly created
key to a vehicle unless the | ||||||
24 | new vehicle dealer makes a copy of the driver's
license or | ||||||
25 | State identification card of the person requesting or obtaining | ||||||
26 | the
newly created key. The new vehicle dealer must retain the |
| |||||||
| |||||||
1 | copy for 30 days.
| ||||||
2 | A new vehicle dealer who violates this subsection (j) is | ||||||
3 | guilty of a
petty offense. Violation of this subsection (j) is | ||||||
4 | not cause to suspend,
revoke,
cancel, or deny renewal of the | ||||||
5 | new vehicle dealer's license.
| ||||||
6 | This amendatory Act of 1983 shall be applicable to the 1984 | ||||||
7 | registration
year and thereafter.
| ||||||
8 | (Source: P.A. 97-480, eff. 10-1-11; 97-1150, eff. 1-25-13.)
| ||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. An application for a used vehicle dealer's license | ||||||
5 | shall be
accompanied by the following license fees:
| ||||||
6 | (A) $1,000 for applicant's established place of | ||||||
7 | business, and
$50 for
each additional place of | ||||||
8 | business, if any, to which the application
pertains; | ||||||
9 | however, if the application is made after June 15 of | ||||||
10 | any
year, the license fee shall be $500 for applicant's | ||||||
11 | established
place of
business plus $25 for each | ||||||
12 | additional place of business, if any,
to
which the | ||||||
13 | application pertains. License fees shall be returnable | ||||||
14 | only in
the event that the application is denied by
the | ||||||
15 | Secretary of State. Of the money received by the | ||||||
16 | Secretary of State as
license fees under this | ||||||
17 | subparagraph (A) for the 2004 licensing year and | ||||||
18 | thereafter, 95%
shall be deposited into the General | ||||||
19 | Revenue Fund.
| ||||||
20 | (B) Except as provided in subsection (h) of Section | ||||||
21 | 5-102.7 of this Code, an Annual Dealer Recovery Fund | ||||||
22 | Fee . For applications for the initial issuance of a | ||||||
23 | dealer's license, the fee shall be in the amount of | ||||||
24 | $500 for the applicant's established place of | ||||||
25 | business, and $50 for each additional place of | ||||||
26 | business, if any, to which the application pertains; |
| |||||||
| |||||||
1 | but if the application is made after June 15 of any | ||||||
2 | year, the fee shall be $250 for the applicant's | ||||||
3 | established place of business plus $25 for each | ||||||
4 | additional place of business, if any, to which the | ||||||
5 | application pertains. For a license renewal | ||||||
6 | application, the fee shall be based on the amount of | ||||||
7 | automobiles sold in the past year according to the | ||||||
8 | following formula: | ||||||
9 | (1) $150 for dealers selling fewer than 200 | ||||||
10 | automobiles; | ||||||
11 | (2) $300 for dealers selling 200 or more | ||||||
12 | automobiles but less than 300 automobiles; and | ||||||
13 | (3) $500 for dealers selling 300 or more | ||||||
14 | automobiles. | ||||||
15 | License fees shall be returnable only in the event | ||||||
16 | that the application is denied by the Secretary of | ||||||
17 | State. Moneys received under this subparagraph (B) | ||||||
18 | shall be deposited into the Dealer Recovery Trust Fund.
| ||||||
19 | 6. A statement that the applicant's officers, | ||||||
20 | directors, shareholders
having a 10% or greater ownership | ||||||
21 | interest therein, proprietor, 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:
|
| |||||||
| |||||||
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 Illinois Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012, Criminal
Trespass to | ||||||
12 | Vehicles; or
| ||||||
13 | (F) The Retailers' Occupation Tax Act.
| ||||||
14 | 7. A statement that the applicant's officers, | ||||||
15 | directors,
shareholders having a 10% or greater ownership | ||||||
16 | interest therein,
proprietor, partner, member, officer, | ||||||
17 | director, trustee, manager or
other principals in the | ||||||
18 | business have not committed in any calendar year
3 or more | ||||||
19 | violations, as determined in any civil or criminal or
| ||||||
20 | administrative proceedings, of any one or more of the | ||||||
21 | following Acts:
| ||||||
22 | (A) The Consumer Finance Act;
| ||||||
23 | (B) The Consumer Installment Loan Act;
| ||||||
24 | (C) The Retail Installment Sales Act;
| ||||||
25 | (D) The Motor Vehicle Retail Installment Sales | ||||||
26 | Act;
|
| |||||||
| |||||||
1 | (E) The Interest Act;
| ||||||
2 | (F) The Illinois Wage Assignment Act;
| ||||||
3 | (G) Part 8 of Article XII of the Code of Civil | ||||||
4 | Procedure; or
| ||||||
5 | (H) The Consumer Fraud Act.
| ||||||
6 | 8. A bond or Certificate of Deposit in the amount of | ||||||
7 | $20,000 for
each location at which the applicant intends to | ||||||
8 | act as a used vehicle
dealer. The bond shall be for the | ||||||
9 | term of the license, or its renewal, for
which application | ||||||
10 | is made, and shall expire not sooner than December 31 of
| ||||||
11 | the year for which the license was issued or renewed. The | ||||||
12 | bond shall run
to the People of the State of Illinois, with | ||||||
13 | surety by a bonding or
insurance company authorized to do | ||||||
14 | business in this State. It shall be
conditioned upon the | ||||||
15 | proper transmittal of all title and registration fees
and | ||||||
16 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
17 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
18 | 9. Such other information concerning the business of | ||||||
19 | the applicant as
the Secretary of State may by rule or | ||||||
20 | regulation prescribe.
| ||||||
21 | 10. A statement that the applicant understands Chapter | ||||||
22 | 1 through
Chapter 5 of this Code.
| ||||||
23 | 11. A copy of the certification from the prelicensing | ||||||
24 | education
program. | ||||||
25 | (c) Any change which renders no longer accurate any | ||||||
26 | information
contained in any application for a used vehicle |
| |||||||
| |||||||
1 | dealer's license shall
be amended within 30 days after the | ||||||
2 | occurrence of each change on such
form as the Secretary of | ||||||
3 | State may prescribe by rule or regulation,
accompanied by an | ||||||
4 | amendatory fee of $2.
| ||||||
5 | (d) Anything in this Chapter to the contrary | ||||||
6 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
7 | dealer unless such person
maintains an established place of | ||||||
8 | business as
defined in this Chapter.
| ||||||
9 | (e) The Secretary of State shall, within a reasonable time | ||||||
10 | after
receipt, examine an application submitted to him under | ||||||
11 | this Section.
Unless the Secretary makes a determination that | ||||||
12 | the application
submitted to him does not conform to this | ||||||
13 | Section or that grounds exist
for a denial of the application | ||||||
14 | under Section 5-501 of this Chapter, he
must grant the | ||||||
15 | applicant an original used vehicle dealer's license in
writing | ||||||
16 | for his established place of business and a supplemental | ||||||
17 | license
in writing for each additional place of business in | ||||||
18 | such form as he may
prescribe by rule or regulation which shall | ||||||
19 | include the following:
| ||||||
20 | 1. The name of the person licensed;
| ||||||
21 | 2. If a corporation, the name and address of its | ||||||
22 | officers or if a
sole proprietorship, a partnership, an | ||||||
23 | unincorporated association or any
similar form of business | ||||||
24 | organization, the name and address of the
proprietor or of | ||||||
25 | each partner, member, officer, director, trustee or
| ||||||
26 | manager;
|
| |||||||
| |||||||
1 | 3. In case of an original license, the established | ||||||
2 | place of business
of the licensee;
| ||||||
3 | 4. In the case of a supplemental license, the | ||||||
4 | established place of
business of the licensee and the | ||||||
5 | additional place of business to which such
supplemental | ||||||
6 | license pertains.
| ||||||
7 | (f) The appropriate instrument evidencing the license or a | ||||||
8 | certified
copy thereof, provided by the Secretary of State | ||||||
9 | shall be kept posted,
conspicuously, in the established place | ||||||
10 | of business of the licensee and
in each additional place of | ||||||
11 | business, if any, maintained by such
licensee.
| ||||||
12 | (g) Except as provided in subsection (h) of this Section, | ||||||
13 | all used
vehicle dealer's licenses granted under this Section | ||||||
14 | expire by operation
of law on December 31 of the calendar year | ||||||
15 | for which they are granted
unless sooner revoked or cancelled | ||||||
16 | under Section 5-501 of this Chapter.
| ||||||
17 | (h) A used vehicle dealer's license may be renewed upon | ||||||
18 | application
and payment of the fee required herein, and | ||||||
19 | submission of proof of
coverage by an approved bond under the | ||||||
20 | "Retailers' Occupation Tax Act"
or proof that applicant is not | ||||||
21 | subject to such bonding requirements, as
in the case of an | ||||||
22 | original license, but in case an application for the
renewal of | ||||||
23 | an effective license is made during the month of December,
the | ||||||
24 | effective license shall remain in force until the application | ||||||
25 | for
renewal is granted or denied by the Secretary of State.
| ||||||
26 | (i) All persons licensed as a used vehicle dealer are |
| |||||||
| |||||||
1 | required to
furnish each purchaser of a motor vehicle:
| ||||||
2 | 1. A certificate of title properly assigned to the | ||||||
3 | purchaser;
| ||||||
4 | 2. A statement verified under oath that all identifying | ||||||
5 | numbers on
the vehicle agree with those on the certificate | ||||||
6 | of title;
| ||||||
7 | 3. A bill of sale properly executed on behalf of such | ||||||
8 | person;
| ||||||
9 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
10 | return
referred to in Section 5-402 of this Chapter;
| ||||||
11 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
12 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
13 | 6. In the case of a vehicle for which the warranty has | ||||||
14 | been reinstated, a
copy of the warranty.
| ||||||
15 | (j) A real estate broker holding a valid certificate of | ||||||
16 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
17 | Salesmen License Act" may engage
in the business of selling or | ||||||
18 | dealing in house trailers not his own without
being licensed as | ||||||
19 | a used vehicle dealer under this Section; however such
broker | ||||||
20 | shall maintain a record of the transaction including the | ||||||
21 | following:
| ||||||
22 | (1) the name and address of the buyer and seller,
| ||||||
23 | (2) the date of sale,
| ||||||
24 | (3) a description of the mobile home, including the | ||||||
25 | vehicle identification
number, make, model, and year, and
| ||||||
26 | (4) the Illinois certificate of title number.
|
| |||||||
| |||||||
1 | The foregoing records shall be available for inspection by | ||||||
2 | any officer
of the Secretary of State's Office at any | ||||||
3 | reasonable hour.
| ||||||
4 | (k) Except at the time of sale or repossession of the | ||||||
5 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
6 | any other person a newly
created key to a vehicle unless the | ||||||
7 | used vehicle dealer makes a copy of the
driver's license or | ||||||
8 | State identification card of the person requesting or
obtaining | ||||||
9 | the newly created key. The used vehicle dealer must retain the
| ||||||
10 | copy for 30 days.
| ||||||
11 | A used vehicle dealer who violates this subsection (k) is | ||||||
12 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
13 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
14 | used vehicle dealer's license. | ||||||
15 | (l) Used vehicle dealers licensed under this Section shall | ||||||
16 | provide the Secretary of State a register for the sale at | ||||||
17 | auction of each salvage or junk certificate vehicle. Each | ||||||
18 | register shall include the following information: | ||||||
19 | 1. The year, make, model, style and color of the | ||||||
20 | vehicle; | ||||||
21 | 2. The vehicle's manufacturer's identification number | ||||||
22 | or, if applicable, the Secretary of State or Illinois | ||||||
23 | Department of State Police identification number; | ||||||
24 | 3. The date of acquisition of the vehicle; | ||||||
25 | 4. The name and address of the person from whom the | ||||||
26 | vehicle was acquired; |
| |||||||
| |||||||
1 | 5. The name and address of the person to whom any | ||||||
2 | vehicle was disposed, the person's Illinois license number | ||||||
3 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
4 | the license number from the state or jurisdiction where the | ||||||
5 | buyer is licensed; and | ||||||
6 | 6. The purchase price of the vehicle. | ||||||
7 | The register shall be submitted to the Secretary of State | ||||||
8 | via written or electronic means within 10 calendar days from | ||||||
9 | the date of the auction.
| ||||||
10 | (Source: P.A. 96-678, eff. 8-25-09; 97-480, eff. 10-1-11; | ||||||
11 | 97-1150, eff. 1-25-13.)
|