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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 5. The Illinois Vehicle Code is amended by
5		changing Sections 3-100.1, 3-100.2, 3-104, 3-104.5, 3-112.1,
6		3-113, 3-209, 3-403, 3-405.1, 3-506, 3-802, 3-805, 3-806.1,
7		3-806.5, 5-100, 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, and
8		5-301 and by adding Sections 1-213.8 and 5-505 as follows:
9		(625 ILCS 5/1-213.8 new)
10		Sec. 1-213.8. Uniform Invoice. A form created by the
11		Secretary for the purpose of transporting vehicles and
12		essential parts that does not convey or transfer ownership
13		rights of a vehicle from one entity to another.
14		(625 ILCS 5/3-100.1)
15		Sec. 3-100.1. Use of electronic records.
16		(a) To the extent authorized by the Secretary of State and
17		in accordance with standards and procedures prescribed by the
18		Secretary of State:
19		(1) Certificates, certifications, affidavits,
20		applications, assignments, statements, notices,
21		documents, and other records required under this Chapter
22		may be created, distributed, and received in electronic

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1		form.
2		(2) Signatures required under this Chapter may be made
3		as electronic signatures or may be waived.
4		(3) Delivery of records required under this Chapter
5		may be made by any means, including electronic delivery.
6		(4) Fees and taxes required to be paid under this
7		Chapter may be made by electronic means; provided that any
8		forms, records, electronic records, and methods of
9		electronic payment relating to the filing and payment of
10		taxes shall be prescribed by the Department of Revenue.
11		(a-5) No later than July 1, 2022 2021, the Secretary of
12		State shall implement, manage, and administer an electronic
13		lien and title system that will permit a lienholder to
14		perfect, assign, and release a lien under this Code. The
15		system may include the points in subsection (a) as to the
16		identified objectives of the program. The Secretary shall
17		establish by administrative rule the standards and procedures
18		relating to the management and implementation of the mandatory
19		electronic lien and title system established under this
20		subsection. The Secretary may charge a reasonable fee for
21		performing the services and functions relating to the
22		management and administration of the system. The fee shall be
23		set by administrative rule adopted by the Secretary.
24		(b) Electronic records accepted by the Secretary of State
25		have the same force and effect as records created on paper by
26		writing, typing, printing, or similar means. The procedures

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1		established by the Secretary of State concerning the
2		acceptance of electronic filings and electronic records shall
3		ensure that the electronic filings and electronic records are
4		received and stored accurately and that they are readily
5		available to satisfy any statutory requirements that call for
6		a written record.
7		(c) Electronic signatures accepted by the Secretary of
8		State shall have the same force and effect as manual
9		signatures.
10		(d) Electronic delivery of records accepted by the
11		Secretary of State shall have the same force and effect as
12		physical delivery of records.
13		(e) Electronic records and electronic signatures accepted
14		by the Secretary of State shall be admissible in all
15		administrative, quasi-judicial, and judicial proceedings. In
16		any such proceeding, nothing in the application of the rules
17		of evidence shall apply so as to deny the admissibility of an
18		electronic record or electronic signature into evidence on the
19		sole ground that it is an electronic record or electronic
20		signature, or on the grounds that it is not in its original
21		form or is not an original. Information in the form of an
22		electronic record shall be given due evidentiary weight by the
23		trier of fact.
24		(f) The Secretary may contract with a private contractor
25		to carry out the Secretary's duties under this Section.
26		(Source: P.A. 101-490, eff. 1-1-20.)

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1		(625 ILCS 5/3-100.2)
2		Sec. 3-100.2. Electronic access; agreements with
3		submitters.
4		(a) No later than July 1, 2022 2021, the Secretary of State
5		shall require a licensee under Chapter 3 or 5 of this Code to
6		submit any record required to be submitted to the Secretary of
7		State by using electronic media deemed feasible by the
8		Secretary of State. The Secretary of State may also require
9		the licensee to submit the original paper record. The
10		Secretary of State shall also require a person or licensee to
11		receive any record to be provided by the Secretary of State by
12		using electronic media deemed feasible by the Secretary of
13		State, instead of providing the original paper record.
14		(b) No later than July 1, 2022 2021, electronic submittal,
15		receipt, and delivery of records and electronic signatures
16		shall be supported by a signed agreement between the Secretary
17		of State and the submitter. The agreement shall require, at a
18		minimum, each record to include all information necessary to
19		complete a transaction, certification by the submitter upon
20		its best knowledge as to the truthfulness of the data to be
21		submitted to the Secretary of State, and retention by the
22		submitter of supporting records.
23		(c) No later than July 1, 2022 2021, the Secretary of State
24		shall establish minimum transaction volume levels, audit and
25		security standards, technological requirements, and other

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1		terms and conditions he or she deems necessary for approval of
2		the electronic delivery process.
3		(d) When an agreement is made to accept electronic
4		records, the Secretary of State shall not be required to
5		produce a written record for the submitter with whom the
6		Secretary of State has the agreement until requested to do so
7		by the submitter.
8		(e) No later than July 1, 2022 2021, the Secretary of State
9		shall provide electronic notification to the lienholder
10		submitter to verify the notation and perfection of the
11		lienholder's security interest in a vehicle on the certificate
12		of title required to be created as an electronic record under
13		Section 3-100.1. Upon receipt of an electronic message from a
14		lienholder submitter with a security interest in a vehicle for
15		which the certificate of title is an electronic record that
16		the lien should be released, the Secretary of State shall
17		enter the appropriate electronic record of the release of lien
18		and print and mail a paper certificate of title to the owner or
19		lienholder at no expense. The Secretary of State may also mail
20		the certificate to any other person that delivers to the
21		Secretary of State an authorization from the owner to receive
22		the certificate. If another lienholder holds a properly
23		perfected security interest in the vehicle as reflected in the
24		records of the Secretary of State, the certificate shall be
25		delivered to that lienholder instead of the owner.
26		(f) The Secretary may contract with a private contractor

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1		to carry out the Secretary's duties under this Section.
2		(Source: P.A. 101-490, eff. 1-1-20.)
3		(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
4		Sec. 3-104. Application for certificate of title.
5		(a) The application for a certificate of title for a
6		vehicle in this State must be made by the owner to the
7		Secretary of State on the form prescribed and must contain:
8		1. The name, Illinois residence, mail address, and, if
9		available, email address of the owner;
10		2. A description of the vehicle including, so far as
11		the following data exists: Its make, year-model,
12		identifying number, type of body, whether new or used, as
13		to house trailers as defined in Section 1-128 of this
14		Code, and as to manufactured homes as defined in Section
15		1-144.03 of this Code, the square footage based upon the
16		outside dimensions excluding the length of the tongue and
17		hitch, and, as to vehicles of the second division, whether
18		for-hire, not-for-hire, or both for-hire and not-for-hire;
19		3. The date of purchase by applicant and, if
20		applicable, the name and address of the person from whom
21		the vehicle was acquired and the names and addresses of
22		any lienholders in the order of their priority and
23		signatures of owners;
24		4. The current odometer reading at the time of
25		transfer and that the stated odometer reading is one of

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1		the following: actual mileage, not the actual mileage or
2		mileage is in excess of its mechanical limits; and
3		5. Any further information the Secretary of State
4		reasonably requires to identify the vehicle and to enable
5		him to determine whether the owner is entitled to a
6		certificate of title and the existence or nonexistence of
7		security interests in the vehicle.
8		(a-5) The Secretary of State shall designate on the
9		prescribed application form a space where the owner of a
10		vehicle may designate a beneficiary, to whom ownership of the
11		vehicle shall pass in the event of the owner's death.
12		(b) If the application refers to a vehicle purchased from
13		a dealer, it must also be signed by the dealer as well as the
14		owner, and the dealer must promptly mail or deliver the
15		application and required documents to the Secretary of State.
16		(c) If the application refers to a vehicle last previously
17		registered in another State or country, the application must
18		contain or be accompanied by:
19		1. Any certified document of ownership so recognized
20		and issued by the other State or country and acceptable to
21		the Secretary of State, and
22		2. Any other information and documents the Secretary
23		of State reasonably requires to establish the ownership of
24		the vehicle and the existence or nonexistence of security
25		interests in it.
26		(d) If the application refers to a new vehicle it must be

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1		accompanied by the Manufacturer's Statement of Origin, or
2		other documents as required and acceptable by the Secretary of
3		State, with such assignments as may be necessary to show title
4		in the applicant.
5		(e) If an application refers to a vehicle rebuilt from a
6		vehicle previously salvaged, that application shall comply
7		with the provisions set forth in Sections 3-302 through 3-304
8		of this Code.
9		(f) An application for a certificate of title for any
10		vehicle, whether purchased in Illinois or outside Illinois,
11		and even if previously registered in another State, must be
12		accompanied by either an exemption determination from the
13		Department of Revenue showing that no tax imposed pursuant to
14		the Use Tax Act or the vehicle use tax imposed by Section
15		3-1001 of the Illinois Vehicle Code is owed by anyone with
16		respect to that vehicle, or a receipt from the Department of
17		Revenue showing that any tax so imposed has been paid. An
18		application for a certificate of title for any vehicle
19		purchased outside Illinois, even if previously registered in
20		another state, must be accompanied by either an exemption
21		determination from the Department of Revenue showing that no
22		tax imposed pursuant to the Municipal Use Tax Act or the County
23		Use Tax Act is owed by anyone with respect to that vehicle, or
24		a receipt from the Department of Revenue showing that any tax
25		so imposed has been paid. In the absence of such a receipt for
26		payment or determination of exemption from the Department, no

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1		certificate of title shall be issued to the applicant.
2		If the proof of payment of the tax or of nonliability
3		therefor is, after the issuance of the certificate of title
4		and display certificate of title, found to be invalid, the
5		Secretary of State shall revoke the certificate and require
6		that the certificate of title and, when applicable, the
7		display certificate of title be returned to him.
8		(g) If the application refers to a vehicle not
9		manufactured in accordance with federal safety and emission
10		standards, the application must be accompanied by all
11		documents required by federal governmental agencies to meet
12		their standards before a vehicle is allowed to be issued title
13		and registration.
14		(h) If the application refers to a vehicle sold at public
15		sale by a sheriff, it must be accompanied by the required fee
16		and a bill of sale issued and signed by a sheriff. The bill of
17		sale must identify the new owner's name and address, the year
18		model, make and vehicle identification number of the vehicle,
19		court order document number authorizing such sale, if
20		applicable, and the name and address of any lienholders in
21		order of priority, if applicable.
22		(i) If the application refers to a vehicle for which a
23		court of law determined the ownership, it must be accompanied
24		with a certified copy of such court order and the required fee.
25		The court order must indicate the new owner's name and
26		address, the complete description of the vehicle, if known,

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1		the name and address of the lienholder, if any, and must be
2		signed and dated by the judge issuing such order.
3		(j) If the application refers to a vehicle sold at public
4		auction pursuant to the Labor and Storage Lien (Small Amount)
5		Act, it must be accompanied by an affidavit or affirmation
6		furnished by the Secretary of State along with the documents
7		described in the affidavit or affirmation and the required
8		fee.
9		(k) The Secretary may provide an expedited process for the
10		issuance of vehicle titles. Expedited title applications must
11		be delivered to the Secretary of State's Vehicle Services
12		Department in Springfield by express mail service or hand
13		delivery. Applications must be complete, including necessary
14		forms, fees, and taxes. Applications received before noon on a
15		business day will be processed and shipped that same day.
16		Applications received after noon on a business day will be
17		processed and shipped the next business day. The Secretary
18		shall charge an additional fee of $30 for this service, and
19		that fee shall cover the cost of return shipping via an express
20		mail service. All fees collected by the Secretary of State for
21		expedited services shall be deposited into the Motor Vehicle
22		License Plate Fund. In the event the Vehicle Services
23		Department determines that the volume of expedited title
24		requests received on a given day exceeds the ability of the
25		Vehicle Services Department to process those requests in an
26		expedited manner, the Vehicle Services Department may decline

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1		to provide expedited services, and the additional fee for the
2		expedited service shall be refunded to the applicant.
3		(l) If the application refers to a homemade trailer, (i)
4		it must be accompanied by the appropriate documentation
5		regarding the source of materials used in the construction of
6		the trailer, as required by the Secretary of State, (ii) the
7		trailer must be inspected by a Secretary of State employee
8		prior to the issuance of the title, and (iii) upon approval of
9		the Secretary of State, the trailer must have a vehicle
10		identification number, as provided by the Secretary of State,
11		stamped or riveted to the frame.
12		(m) The holder of a Manufacturer's Statement of Origin to
13		a manufactured home may deliver it to any person to facilitate
14		conveying or encumbering the manufactured home. Any person
15		receiving any such Manufacturer's Statement of Origin so
16		delivered holds it in trust for the person delivering it.
17		(n) Within 45 days after the completion of the first
18		retail sale of a manufactured home, the Manufacturer's
19		Statement of Origin to that manufactured home must be
20		surrendered to the Secretary of State either in conjunction
21		with an application for a certificate of title for that
22		manufactured home or in accordance with Section 3-116.1.
23		(o) Each application for certificate of title for a motor
24		vehicle shall be verified by the National Motor Vehicle Title
25		Information System (NMVTIS) for a vehicle history report prior
26		to the Secretary issuing a certificate of title.

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1		(p) The Secretary, at the Secretary's discretion, may use
2		any commercially available title history service to assist in
3		determining the proper title designation of a motor vehicle
4		before the issuance of a certificate of title.
5		(Source: P.A. 99-414, eff. 8-20-15; 100-145, eff. 1-1-18.)
6		(625 ILCS 5/3-104.5)
7		Sec. 3-104.5. Application NMVTIS warnings or errors.
8		(a) Each application for a certificate of title or a
9		salvage certificate for a motor vehicle that is verified by
10		the National Motor Vehicle Title Information System (NMVTIS)
11		that is returned with a warning or error shall be reviewed by
12		the Secretary of State, or his or her designees, as to whether
13		the warning or error warrants a change to the type of title or
14		brand that is issued to a motor vehicle. If the Secretary needs
15		supplemental information to verify or corroborate the
16		information received from a NMVTIS report, then the Secretary
17		may use any available commercial title history services or
18		other Secretary of State resources to assist in determining
19		the vehicle's proper designation.
20		(b) Any motor vehicle application for a certificate of
21		title or a salvage certificate that another state has
22		previously issued a title or brand indicating that the status
23		of the motor vehicle is equivalent to a junk vehicle, as
24		defined in Section 1-134.1 of this Code, shall receive a title
25		with a "prior out of state junk" brand if that history item was

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1		issued 120 months or more before the date of the submission of
2		the current application for title.
3		(c) Any motor vehicle application for a certificate of
4		title or a salvage certificate that is returned with a NMVTIS
5		warning or error indicating that another state has previously
6		issued a title or brand indicating the status of the motor
7		vehicle is equivalent to a junk vehicle, as defined in Section
8		1-134.1 of this Code, shall be issued a junk certificate that
9		reflects the motor vehicle's structural history, if the
10		previously issued title or brand from another state was issued
11		less than 120 months before the date of the submission of the
12		current application for title.
13		(d) Any motor vehicle application for a certificate of
14		title or a salvage certificate that is returned with a NMVTIS
15		warning or error indicating a brand or label from another
16		jurisdiction, that does not have a similar or comparable brand
17		or label in this State, shall include a notation or brand on
18		the certificate of title stating "previously branded".
19		(e) Any motor vehicle that is subject to the federal Truth
20		in Mileage Act, and is returned with a NMVTIS warning or error
21		indicating the stated mileage of the vehicle on the
22		application for certificate of title is 1,500 or fewer miles
23		less than a previously recorded mileage for the vehicle, shall
24		be deemed as having an acceptable margin of error and the
25		higher of the 2 figures shall be indicated on the new
26		certificate of title, if the previous mileage was recorded

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1		within 90 days of the date of the current application for title
2		and if there are no indications of fraud or malfeasance, or of
3		altering or tampering with the odometer.
4		(f) Any applicant for a certificate of title or a salvage
5		certificate who receives an alternative salvage or junk
6		certificate, or who receives a certificate of title with a
7		brand or label indicating the vehicle was previously rebuilt
8		prior out of state junk, previously branded, or flood, may
9		contest the Secretary's designations by requesting an
10		administrative hearing under Section 2-116 of this Code.
11		(g) The Secretary may adopt any rules necessary to
12		implement this Section.
13		(h) The Secretary, in the Secretary's discretion, may use
14		any commercially available title history service to assist in
15		determining the proper title designation of a motor vehicle
16		before the issuance of a certificate of title.
17		(Source: P.A. 99-414, eff. 8-20-15.)
18		(625 ILCS 5/3-112.1) (from Ch. 95 1/2, par. 3-112.1)
19		Sec. 3-112.1. Odometer.
20		(a) All titles issued by the Secretary of State beginning
21		January, 1990, shall provide for an odometer certification
22		substantially as follows:
23		"I certify to the best of my knowledge that the odometer
24		reading is and reflects the actual mileage of the vehicle
25		unless one of the following statements is checked.

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1		...................
2		( ) 1. The mileage stated is in excess of its mechanical
3		limits.
4		( ) 2. The odometer reading is not the actual mileage.
5		Warning - Odometer Discrepancy."
6		(b) When executing any transfer of title which contains
7		the odometer certification as described in paragraph (a)
8		above, each transferor of a motor vehicle must supply on the
9		title form the following information:
10		(1) The odometer reading at the time of transfer and
11		an indication if the mileage is in excess of its
12		mechanical limits or if it is not the actual mileage;
13		(2) The date of transfer;
14		(3) The transferor's printed name and signature; and
15		(4) The transferee's printed name and address.
16		(c) The transferee must sign on the title form indicating
17		that he or she is aware of the odometer certification made by
18		the transferor.
19		(d) The transferor will not be required to disclose the
20		current odometer reading and the transferee will not have to
21		acknowledge such disclosure under the following circumstances:
22		(1) A vehicle having a Gross Vehicle Weight Rating of
23		more than 16,000 pounds;
24		(2) A vehicle that is not self-propelled;
25		(3) A vehicle that: is
26		(A) before January 1, 2031, is model year 2010 or

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1		older; or
2		(B) after January 1, 2031, is 20 10 years old or
3		older;
4		(4) A vehicle sold directly by the manufacturer to any
5		agency of the United States; and
6		(5) A vehicle manufactured without an odometer.
7		(e) When the transferor signs the title transfer such
8		transferor acknowledges that he or she is aware that Federal
9		regulations and State law require him or her to state the
10		odometer mileage upon transfer of ownership. An inaccurate or
11		untruthful statement with intent to defraud subjects the
12		transferor to liability for damages to the transferee pursuant
13		to the federal Motor Vehicle Information and Cost Act of 1972,
14		P.L. 92-513 as amended by P.L. 94-364. No transferor shall be
15		liable for damages as provided under this Section who
16		transfers title to a motor vehicle which has an odometer
17		reading that has been altered or tampered with by a previous
18		owner, unless that transferor knew or had reason to know of
19		such alteration or tampering and sold such vehicle with an
20		intent to defraud. A cause of action is hereby created by which
21		any person who, with intent to defraud, violates any
22		requirement imposed under this Section shall be liable in an
23		amount equal to the sum of:
24		(1) three times the amount of actual damages sustained
25		or $1,500, whichever is the greater; and
26		(2) in the case of any successful action to enforce

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1		the foregoing liability, the costs of the action together
2		with reasonable attorney fees as determined by the court.
3		Any recovery based on a cause of action under this Section
4		shall be offset by any recovery made pursuant to the federal
5		Motor Vehicle Information and Cost Savings Act of 1972.
6		(f) The provisions of this Section shall not apply to any
7		motorcycle, motor driven cycle, moped, antique vehicle, or
8		expanded-use antique vehicle.
9		(g) The Secretary of State may adopt rules and regulations
10		providing for a transition period for all non-conforming
11		titles.
12		(Source: P.A. 97-412, eff. 1-1-12.)
13		(625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113)
14		Sec. 3-113. Transfer to or from dealer; records.
15		(a) After a dealer buys a vehicle and holds it for resale,
16		the dealer must procure the certificate of title from the
17		owner or the lienholder. The dealer may hold the certificate
18		until he or she transfers the vehicle to another person. Upon
19		transferring the vehicle to another person, the dealer shall
20		promptly and within 20 days execute the assignment and
21		warranty of title by a dealer, showing the names and addresses
22		of the transferee and of any lienholder holding a security
23		interest created or reserved at the time of the resale, in the
24		spaces provided therefor on the certificate or as the
25		Secretary of State prescribes, and mail or deliver the

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1		certificate to the Secretary of State with the transferee's
2		application for a new certificate, except as provided in
3		Section 3-117.2. A dealer has complied with this Section if
4		the date of the mailing of the certificate, as indicated by the
5		postmark, is within 20 days of the date on which the vehicle
6		was transferred to another person.
7		(b) The Secretary of State may decline to process any
8		application for a transfer of an interest in a vehicle if any
9		fees or taxes due under this Code from the transferor or the
10		transferee have not been paid upon reasonable notice and
11		demand.
12		(c) Any person who violates this Section shall be guilty
13		of a petty offense.
14		(d) Beginning January 1, 2014, the Secretary of State is
15		authorized to impose a delinquent vehicle dealer transfer fee
16		of $20 if the certificate of title is received by the Secretary
17		from the dealer 30 days but less than 60 days after the date of
18		sale. If the certificate of title is received by the Secretary
19		from the dealer 60 days but less than 90 days after the date of
20		sale, the delinquent dealer transfer fee shall be $35. If the
21		certificate of title is received by the Secretary from the
22		dealer 90 days but less than 120 days after the date of sale,
23		the delinquent vehicle dealer transfer fee shall be $65. If
24		the certificate of title is received by the Secretary from the
25		dealer 120 days or more after the date of the sale, the
26		delinquent vehicle dealer transfer fee shall be $100. All

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1		monies collected under this subsection shall be deposited into
2		the CDLIS/AAMVAnet/NMVTIS Trust Fund.
3		(e) Beginning January 1, 2022, the Secretary of State is
4		authorized to issue a certificate of title in the name of the
5		dealership to a licensed dealer under Chapter 5 for $20 if the
6		surrendered certificate of title has no space to assign the
7		certificate of title again.
8		(f) Any licensee under Chapter 5 who sells, transfers, or
9		wholesales a vehicle out of State shall mail the certificate
10		of title to the physical business address in the requisite
11		jurisdiction in lieu of transferring title at the time of
12		sale.
13		(Source: P.A. 98-177, eff. 1-1-14.)
14		(625 ILCS 5/3-209) (from Ch. 95 1/2, par. 3-209)
15		Sec. 3-209. Powers of Secretary of State.
16		(a) The Secretary of State shall prescribe and provide
17		suitable forms of applications, certificates of title, notices
18		of security interests, and all other notices and forms
19		necessary to carry out the provisions of this chapter.
20		(b) The Secretary of State may:
21		1. Make necessary investigations to procure information
22		required to carry out the provisions of this Act. ;
23		2. Assign a new identifying number to a vehicle if it has
24		none, or its identifying number is destroyed or obliterated,
25		or its motor is changed, and shall either issue a new

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1		certificate of title showing the new identifying number or
2		make an appropriate endorsement on the original certificate.
3		3. Remove a franchise affiliate's lien so that the
4		franchise affiliate may pursue the balance of the lien with
5		the defunct dealership instead of the constituent. This item
6		applies if a franchise dealer neglects to pay off a trade-in
7		vehicle's lien, and that lien is held by the franchise
8		affiliate. The Secretary shall make this determination
9		pursuant to an investigation by the Secretary of State
10		Department of Police.
11		(Source: P.A. 76-1586.)
12		(625 ILCS 5/3-403) (from Ch. 95 1/2, par. 3-403)
13		Sec. 3-403. Trip and Short-term permits.
14		(a) The Secretary of State may issue a short-term permit
15		to operate a nonregistered first or second division vehicle
16		within the State of Illinois for a period of not more than 7
17		days. Any second division vehicle operating on such permit may
18		operate only on empty weight. The fee for the short-term
19		permit shall be $6 for permits purchased on or before June 30,
20		2003 and $10 for permits purchased on or after July 1, 2003.
21		For short-term permits purchased on or after July 1, 2003, $4
22		of the fee collected for the purchase of each permit shall be
23		deposited into the General Revenue Fund.
24		This permit may also be issued to operate an unladen
25		registered vehicle which is suspended under the Vehicle

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1		Emissions Inspection Law and allow it to be driven on the roads
2		and highways of the State in order to be repaired or when
3		traveling travelling to and from an emissions inspection
4		station.
5		(b) The Secretary of State may, subject to reciprocal
6		agreements, arrangements or declarations made or entered into
7		pursuant to Section 3-402, 3-402.4 or by rule, provide for and
8		issue registration permits for the use of Illinois highways by
9		vehicles of the second division on an occasional basis or for a
10		specific and special short-term use, in compliance with rules
11		and regulations promulgated by the Secretary of State, and
12		upon payment of the prescribed fee as follows:
13		One-trip permits. A registration permit for one trip, or
14		one round-trip into and out of Illinois, for a period not to
15		exceed 72 consecutive hours or 3 calendar days may be
16		provided, for a fee as prescribed in Section 3-811.
17		Three-month One-Month permits. A registration permit for
18		90 30 days may be provided for a fee of $13 for registration
19		plus 1/10 of the flat weight tax. The minimum fee for such
20		permit shall be $31.
21		In-transit permits. A registration permit for one trip may
22		be provided for vehicles in transit by the driveaway or
23		towaway method and operated by a transporter in compliance
24		with the Illinois Motor Carrier of Property Law, for a fee as
25		prescribed in Section 3-811.
26		Illinois Temporary Apportionment Authorization Permits. An

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1		apportionment authorization permit for forty-five days for the
2		immediate operation of a vehicle upon application for and
3		prior to receiving apportioned credentials or interstate
4		credentials from the State of Illinois. The fee for such
5		permit shall be $3.
6		Illinois Temporary Prorate Authorization Permit. A prorate
7		authorization permit for forty-five days for the immediate
8		operation of a vehicle upon application for and prior to
9		receiving prorate credentials or interstate credentials from
10		the State of Illinois. The fee for such permit shall be $3.
11		(c) The Secretary of State shall promulgate by such rule
12		or regulation, schedules of fees and taxes for such permits
13		and in computing the amount or amounts due, may round off such
14		amount to the nearest full dollar amount.
15		(d) The Secretary of State shall further prescribe the
16		form of application and permit and may require such
17		information and data as necessary and proper, including
18		confirming the status or identity of the applicant and the
19		vehicle in question.
20		(e) Rules or regulations promulgated by the Secretary of
21		State under this Section shall provide for reasonable and
22		proper limitations and restrictions governing the application
23		for and issuance and use of permits, and shall provide for the
24		number of permits per vehicle or per applicant, so as to
25		preclude evasion of annual registration requirements as may be
26		required by this Act.

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1		(f) Any permit under this Section is subject to suspension
2		or revocation under this Act, and in addition, any such permit
3		is subject to suspension or revocation should the Secretary of
4		State determine that the vehicle identified in any permit
5		should be properly registered in Illinois. In the event any
6		such permit is suspended or revoked, the permit is then null
7		and void, may not be re-instated, nor is a refund therefor
8		available. The vehicle identified in such permit may not
9		thereafter be operated in Illinois without being properly
10		registered as provided in this Chapter.
11		(Source: P.A. 92-680, eff. 7-16-02; 93-32, eff. 7-1-03.)
12		(625 ILCS 5/3-405.1) (from Ch. 95 1/2, par. 3-405.1)
13		Sec. 3-405.1. Application for vanity and personalized
14		license plates.
15		(a) Vanity license plates mean any license plates,
16		assigned to a passenger motor vehicle of the first division,
17		to a motor vehicle of the second division registered at not
18		more than 8,000 pounds, to a trailer weighing 8,000 pounds or
19		less paying the flat weight tax, to a funeral home vehicle, an
20		electric vehicle, or to a recreational vehicle, which display
21		a registration number containing 1 to 7 letters and no numbers
22		or 1, 2, or 3 numbers and no letters as requested by the owner
23		of the vehicle and license plates issued to retired members of
24		Congress under Section 3-610.1 or to retired members of the
25		General Assembly as provided in Section 3-606.1. Personalized

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1		license plates mean any license plates, assigned to a
2		passenger motor vehicle of the first division, to a motor
3		vehicle of the second division registered at not more than
4		8,000 pounds, to a trailer weighing 8,000 pounds or less
5		paying the flat weight tax, to a funeral home vehicle, an
6		electric vehicle, or to a recreational vehicle, which display
7		a registration number containing one of the following
8		combinations of letters and numbers, as requested by the owner
9		of the vehicle:
10		Standard Passenger Plates
11		First Division Vehicles
12		1 letter plus 0-99
13		2 letters plus 0-99
14		3 letters plus 0-99
15		4 letters plus 0-99
16		5 letters plus 0-99
17		6 letters plus 0-9
18		Second Division Vehicles
19		8,000 pounds or less, Trailers
20		8,000 pounds or less paying the flat
21		weight tax, and Recreation Vehicles
22		0-999 plus 1 letter

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1		0-999 plus 2 letters
2		0-999 plus 3 letters
3		0-99 plus 4 letters
4		0-9 plus 5 letters
5		(b) For any registration period commencing after December
6		31, 2003, any person who is the registered owner of a passenger
7		motor vehicle of the first division, of a motor vehicle of the
8		second division registered at not more than 8,000 pounds, of a
9		trailer weighing 8,000 pounds or less paying the flat weight
10		tax, of a funeral home vehicle, of an electric vehicle, or of a
11		recreational vehicle registered with the Secretary of State or
12		who makes application for an original registration of such a
13		motor vehicle or renewal registration of such a motor vehicle
14		may, upon payment of a fee prescribed in Section 3-806.1 or
15		Section 3-806.5, apply to the Secretary of State for vanity or
16		personalized license plates.
17		(c) Except as otherwise provided in this Chapter 3, vanity
18		and personalized license plates as issued under this Section
19		shall be the same color and design as other passenger vehicle
20		license plates or electric vehicle license plates and shall
21		not in any manner conflict with any other existing passenger,
22		commercial, trailer, motorcycle, or special license plate
23		series. However, special registration plates issued under
24		Sections 3-611 and 3-616 for vehicles operated by or for
25		persons with disabilities may also be vanity or personalized
26		license plates.

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1		(d) Vanity and personalized license plates shall be issued
2		only to the registered owner of the vehicle on which they are
3		to be displayed, except as provided in Sections 3-611 and
4		3-616 for special registration plates for vehicles operated by
5		or for persons with disabilities.
6		(e) An applicant for the issuance of vanity or
7		personalized license plates or subsequent renewal thereof
8		shall file an application in such form and manner and by such
9		date as the Secretary of State may, in his discretion,
10		require.
11		No vanity nor personalized license plates shall be
12		approved, manufactured, or distributed that contain any
13		characters, symbols other than the international accessibility
14		symbol for vehicles operated by or for persons with
15		disabilities, foreign words, or letters of punctuation.
16		(f) Vanity and personalized license plates as issued
17		pursuant to this Act may be subject to the Staggered
18		Registration System as prescribed by the Secretary of State.
19		(g) For purposes of this Section, "funeral home vehicle"
20		means any motor vehicle of the first division or motor vehicle
21		of the second division weighing 8,000 pounds or less that is
22		owned or leased by a funeral home.
23		(h) As used in this Section, "electric vehicle" means any
24		vehicle that is required to be registered under Section 3-805.
25		(Source: P.A. 100-956, eff. 1-1-19.)

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1		(625 ILCS 5/3-506)
2		Sec. 3-506. Transfer of plates to spouses of military
3		service members. Upon the death of a military service member
4		who has been issued a special plate under Section 3-609.1,
5		3-620, 3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638,
6		3-642, 3-645, 3-647, 3-650, 3-651, 3-666, 3-667, 3-668, 3-669,
7		3-676, 3-677, 3-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698,
8		3-699.12, 3-699.15, 3-699.16, or 3-699.17, 3-699.19, or
9		3-699.20 of this Code, the surviving spouse of that service
10		member may retain the plate so long as that spouse is a
11		resident of Illinois and transfers the registration to his or
12		her name within 180 days of the death of the service member.
13		For the purposes of this Section, "service member" means
14		any individual who is serving or has served in any branch of
15		the United States Armed Forces, including the National Guard
16		or other reserve components of the Armed Forces, and has been
17		issued a special plate listed in this Section.
18		(Source: P.A. 100-201, eff. 8-18-17; 101-51, eff. 7-12-19.)
19		(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
20		Sec. 3-802. Reclassifications and upgrades.
21		(a) Definitions. For the purposes of this Section, the
22		following words shall have the meanings ascribed to them as
23		follows:
24		"Reclassification" means changing the registration of
25		a vehicle from one plate category to another.

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1		"Upgrade" means increasing the registered weight of a
2		vehicle within the same plate category.
3		(b) When reclassing the registration of a vehicle from one
4		plate category to another, the owner shall receive credit for
5		the unused portion of the present plate and be charged the
6		current portion fees for the new plate. In addition, the
7		appropriate replacement plate and replacement sticker fees
8		shall be assessed.
9		(b-5) Beginning with the 2019 registration year, any
10		individual who has a registration issued under either Section
11		3-405 or 3-405.1 that qualifies for a special license plate
12		under Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623,
13		3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
14		3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680,
15		3-681, 3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, 3-699.15,
16		3-699.16, 3-699.17, 3-699.19, or 3-699.20 or 3-699.17 may
17		reclass his or her registration upon acquiring a special
18		license plate listed in this subsection (b-5) without a
19		replacement plate or digital plate fee or registration sticker
20		or digital registration sticker cost.
21		(b-10) Beginning with the 2019 registration year, any
22		individual who has a special license plate issued under
23		Section 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624,
24		3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651,
25		3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681,
26		3-683, 3-686, 3-688, 3-693, 3-698, 3-699.12, or 3-699.17 may

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1		reclass his or her special license plate upon acquiring a new
2		registration under Section 3-405 or 3-405.1 without a
3		replacement plate or digital plate fee or registration sticker
4		or digital registration sticker cost.
5		(c) When upgrading the weight of a registration within the
6		same plate category, the owner shall pay the difference in
7		current period fees between the 2 two plates. In addition, the
8		appropriate replacement plate and replacement sticker fees
9		shall be assessed. In the event new plates are not required,
10		the corrected registration card fee shall be assessed.
11		(d) In the event the owner of the vehicle desires to change
12		the registered weight and change the plate category, the owner
13		shall receive credit for the unused portion of the
14		registration fee of the current plate and pay the current
15		portion of the registration fee for the new plate, and in
16		addition, pay the appropriate replacement plate and
17		replacement sticker fees.
18		(e) Reclassing from one plate category to another plate
19		category can be done only once within any registration period.
20		(f) No refunds shall be made in any of the circumstances
21		found in subsection (b), subsection (c), or subsection (d);
22		however, when reclassing from a flat weight plate to an
23		apportioned plate, a refund may be issued if the credit
24		amounts to an overpayment.
25		(g) In the event the registration of a vehicle registered
26		under the mileage tax option is revoked, the owner shall be

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1		required to pay the annual registration fee in the new plate
2		category and shall not receive any credit for the mileage
3		plate fees.
4		(h) Certain special interest plates may be displayed on
5		first division vehicles, second division vehicles weighing
6		8,000 pounds or less, and recreational vehicles. Those plates
7		can be transferred within those vehicle groups.
8		(i) Plates displayed on second division vehicles weighing
9		8,000 pounds or less and passenger vehicle plates may be
10		reclassed from one division to the other.
11		(j) Other than in subsection (i), reclassing from one
12		division to the other division is prohibited. In addition, a
13		reclass from a motor vehicle to a trailer or a trailer to a
14		motor vehicle is prohibited.
15		(Source: P.A. 100-246, eff. 1-1-18; 100-450, eff. 1-1-18;
16		100-863, eff. 8-14-18; 101-51, eff. 7-12-19; 101-395, eff.
17		8-16-19; revised 9-24-19.)
18		(625 ILCS 5/3-805) (from Ch. 95 1/2, par. 3-805)
19		Sec. 3-805. Electric vehicles.
20		(a) The Until January 1, 2020, the owner of a motor vehicle
21		of the first division or a motor vehicle of the second division
22		weighing 8,000 pounds or less propelled by an electric engine
23		and not utilizing motor fuel, may register such vehicle for a
24		fee not to exceed $35 for a 2-year registration period. The
25		Secretary may, in his discretion, prescribe that electric

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1		vehicle registration plates be issued for an indefinite term,
2		such term to correspond to the term of registration plates
3		issued generally, as provided in Section 3-414.1. In no event
4		may the registration fee for electric vehicles exceed $18 per
5		registration year. Beginning on January 1, 2020, the
6		registration fee for these vehicles shall be equal to the fee
7		set forth in Section 3-806 for motor vehicles of the first
8		division, other than Autocycles, Motorcycles, Motor Driven
9		Cycles, and Pedalcycles. In addition to the registration fees,
10		the Secretary shall assess an additional $100 per year in lieu
11		of the payment of motor fuel taxes. $1 of the additional fees
12		shall be deposited into the Secretary of State Special
13		Services Fund and the remainder of the additional fees shall
14		be deposited into the Road Fund.
15		(b) Beginning with the 2023 registration year, upon the
16		request of the vehicle owner, an electric vehicle owner may
17		register an electric vehicle with any qualifying registration
18		issued under this Chapter, and an additional $100 surcharge
19		shall be collected in addition to the applicable registration
20		fee. The $100 additional fee is to identify the vehicle as an
21		electric vehicle. The $100 additional fee is an annual, flat
22		fee that shall be based on an applicant's new or existing
23		registration year for the vehicle's corresponding weight
24		category. A designation as an electric vehicle under this
25		subsection shall not alter a vehicle's registration. Of the
26		additional fees, $1 shall be deposited into the Secretary of

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1		State Special Services Fund, and the remainder of the
2		additional fees shall be deposited into the Road Fund. The
3		Secretary shall adopt any rules necessary to implement this
4		subsection (b).
5		(Source: P.A. 101-32, eff. 6-28-19.)
6		(625 ILCS 5/3-806.1) (from Ch. 95 1/2, par. 3-806.1)
7		Sec. 3-806.1. Additional fees for vanity license plates.
8		In addition to the regular registration fee or electric
9		vehicle registration fee, an applicant for a vanity license
10		plate, other than a vanity plate in any military series or a
11		vanity plate issued under Section 3-664, shall be charged $94
12		for each set of vanity license plates issued to a vehicle of
13		the first division or a vehicle of the second division
14		registered at not more than 8,000 pounds or to a recreational
15		vehicle and $50 for each set of vanity plates issued to an
16		autocycle or motorcycle. In addition to the regular renewal
17		fee or electric vehicle registration renewal fee, an applicant
18		for a vanity plate, other than a vanity plate in any military
19		series or a vanity plate issued under Section 3-664, shall be
20		charged $13 for the renewal of each set of vanity license
21		plates. There shall be no additional fees for a vanity license
22		plate in any military series of plates or a vanity plate issued
23		under Section 3-664.
24		(Source: P.A. 98-777, eff. 1-1-15.)

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1		(625 ILCS 5/3-806.5)
2		Sec. 3-806.5. Additional fees for personalized license
3		plates. For registration periods commencing after December 31,
4		2003, in addition to the regular registration fee or electric
5		vehicle registration fee, an applicant for a personalized
6		license plate, other than a personalized plate in any military
7		series or a personalized plate issued under Section 3-664,
8		shall be charged $47 for each set of personalized license
9		plates issued to a vehicle of the first division or a vehicle
10		of the second division registered at not more than 8,000
11		pounds or to a recreational vehicle and $25 for each set of
12		personalized plates issued to an autocycle or motorcycle. In
13		addition to the regular renewal fee or electric vehicle
14		registration renewal fee, an applicant for a personalized
15		plate other than a personalized plate in any military series
16		or a personalized plate issued under Section 3-664, shall be
17		charged $7 for the renewal of each set of personalized license
18		plates. There shall be no additional fees charged for a
19		personalized plate in any military series of plates or a
20		personalized plate issued under Section 3-664. Of the money
21		received by the Secretary of State as additional fees for
22		personalized license plates, 50% shall be deposited into the
23		Secretary of State Special License Plate Fund and 50% shall be
24		deposited into the General Revenue Fund.
25		(Source: P.A. 98-777, eff. 1-1-15.)

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1		(625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
2		Sec. 5-100. Definitions. For the purposes of this Chapter,
3		the following words shall have the meanings ascribed to them
4		as follows:
5		"Additional place of business" means a place owned or
6		leased and occupied by the dealer in addition to its
7		established place of business, at which the dealer conducts or
8		intends to conduct business on a permanent or long term basis.
9		The term does not include an area where an off site sale or
10		exhibition is conducted. The Secretary of State shall adopt
11		guidelines for the administration and enforcement of this
12		definition by rule.
13		"Display exhibition" means a temporary display of vehicles
14		by a dealer licensed under Section 5-101 or 5-102, at a
15		location at which no vehicles are offered for sale, that is
16		conducted at a place other than the dealer's established and
17		additional places of business.
18		"Established place of business" means the place owned or
19		leased and occupied by any person duly licensed or required to
20		be licensed as a dealer for the purpose of engaging in selling,
21		buying, bartering, displaying, exchanging or dealing in, on
22		consignment or otherwise, vehicles and their essential parts
23		and for such other ancillary purposes as may be permitted by
24		the Secretary by rule. It shall include an office in which the
25		dealer's records shall be separate and distinct from any other
26		business or tenant which may occupy space in the same building

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1		except as provided in Section 5-101.1. This office shall not
2		be located in a house trailer, residence, tent, temporary
3		stand, temporary address, room or rooms in a hotel or rooming
4		house, nor the premises occupied by a single or multiple unit
5		residence. "Established place of business" only includes a
6		place with an outdoor lot capable of parking at least 5
7		vehicles or an indoor lot with space for a minimum of one
8		vehicle to be parked in its indoor showroom. The established
9		place of business of a scrap processor shall be the fixed
10		location where the scrap processor maintains its principal
11		place of business. The Secretary of State shall, by rule and
12		regulation, adopt guidelines for the administration and
13		enforcement of this definition, such as, but not limited to
14		issues concerning the required hours of operation, describing
15		where vehicles are displayed and offered for sale, where books
16		and records are maintained and requirements for the
17		fulfillment of warranties. A dealer may have an additional
18		place of business as defined under this Section.
19		"Motor vehicle financing affiliate" means a business
20		organization registered to do business in Illinois that,
21		pursuant to a written contract with either (1) a single new or
22		used motor vehicle dealer or (2) a single group of new or used
23		motor vehicle dealers that share a common ownership within the
24		group, purchases new or used motor vehicles on behalf of the
25		dealer or group of dealers and then sells, transfers, or
26		assigns those motor vehicles to the dealer or group of

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1		dealers. The motor vehicle financing affiliate must be
2		incorporated or organized solely to purchase new or used
3		vehicles on behalf of the new or used motor vehicle dealer or
4		group of dealers with which it has contracted, shall not sell
5		motor vehicles at retail, shall perform only those business
6		functions related to the purchasing of motor vehicles and
7		selling, transferring, or assigning those motor vehicles to
8		the dealer or group of dealers. The motor vehicle financing
9		affiliate must be licensed under the provisions of Section
10		5-101.1 and must not be licensed as a new or used motor vehicle
11		dealer.
12		"Off site sale" means the temporary display and sale of
13		vehicles, for a period of not more than 7 calendar days
14		(excluding Sundays), by a dealer licensed under Section 5-101
15		or 5-102 at a place other than the dealer's established and
16		additional places of business.
17		"Relevant market area", for a new vehicle dealer licensed
18		under Section 5-101 and for a used vehicle dealer licensed
19		under Section 5-102, means the area within 10 miles of the
20		established or additional place of business of the dealer
21		located in a county with a population of 300,000 or more, or
22		within 15 miles if the established place of business is
23		located in a county with a population of less than 300,000.
24		"Trade show exhibition" means a temporary display of
25		vehicles, by dealers licensed under Section 5-101 or 5-102, or
26		any other person as defined in subsection (c) of Section

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1		5-102.1, at a location at which no vehicles are offered for
2		sale that is conducted at a place other than the dealer's
3		established and additional places of business. In order for a
4		display exhibition to be considered a trade show exhibition,
5		it must be participated in by at least 3 dealers, 2 of which
6		must be licensed under Section 5-101 or 5-102; and a trade show
7		exhibition of new vehicles shall only be participated in by
8		licensed new vehicle dealers at least 2 of which must be
9		licensed under Section 5-101.
10		(Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)
11		(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
12		Sec. 5-101. New vehicle dealers must be licensed.
13		(a) No person shall engage in this State in the business of
14		selling or dealing in, on consignment or otherwise, new
15		vehicles of any make, or act as an intermediary or agent or
16		broker for any licensed dealer or vehicle purchaser other than
17		as a salesperson, or represent or advertise that he is so
18		engaged or intends to so engage in such business unless
19		licensed to do so in writing by the Secretary of State under
20		the provisions of this Section.
21		(b) An application for a new vehicle dealer's license
22		shall be filed with the Secretary of State, duly verified by
23		oath, on such form as the Secretary of State may by rule or
24		regulation prescribe and shall contain:
25		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
17		vehicles. As evidence of this fact, the application shall
18		be 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
3		for registration under the Retailers' Occupation Tax Act
4		by the Department of Revenue: Provided that this
5		requirement does not apply to a dealer who is already
6		licensed hereunder with the Secretary of State, and who is
7		merely applying for a renewal of his license. As evidence
8		of this fact, the application shall be accompanied by a
9		certification from the Department of Revenue showing that
10		that Department has approved the applicant for
11		registration under the Retailers' Occupation Tax Act.
12		6. A statement that the applicant has complied with
13		the appropriate liability insurance requirement. A
14		Certificate of Insurance in a solvent company authorized
15		to do business in the State of Illinois shall be included
16		with each application covering each location at which he
17		proposes to act as a new vehicle dealer. The policy must
18		provide liability coverage in the minimum amounts of
19		$100,000 for bodily injury to, or death of, any person,
20		$300,000 for bodily injury to, or death of, two or more
21		persons in any one accident, and $50,000 for damage to
22		property. Such policy shall expire not sooner than
23		December 31 of the year for which the license was issued or
24		renewed. The expiration of the insurance policy shall not
25		terminate the liability under the policy arising during
26		the period for which the policy was filed. Trailer and

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1		mobile home dealers are 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
7		damage to property, then the permitted user's insurer
8		shall be the primary insurer and the dealer's insurer
9		shall be the secondary insurer. If the permitted user does
10		not have a liability insurance policy that provides
11		automobile liability insurance coverage of at least
12		$100,000 for bodily injury to or the death of any person,
13		$300,000 for bodily injury to or the death of any 2 or more
14		persons in any one accident, and $50,000 for damage to
15		property, or does not have any insurance at all, then the
16		dealer's insurer shall be the primary insurer and the
17		permitted 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
8		when 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
21		fees:
22		(i) $1,000 for applicant's established place of
23		business, and $100 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 $50 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. All moneys received by the
6		Secretary of State as license fees under this
7		subparagraph (i) prior to applications for the 2004
8		licensing year shall be deposited into the Motor
9		Vehicle Review Board Fund and shall be used to
10		administer the Motor Vehicle Review Board under the
11		Motor Vehicle Franchise Act. Of the money received by
12		the Secretary of State as license fees under this
13		subparagraph (i) for the 2004 licensing year and
14		thereafter, 10% shall be deposited into the Motor
15		Vehicle Review Board Fund and shall be used to
16		administer the Motor Vehicle Review Board under the
17		Motor Vehicle Franchise Act and 90% shall be deposited
18		into the General Revenue Fund.
19		(ii) Except for dealers selling 25 or fewer
20		automobiles or as provided in subsection (h) of
21		Section 5-102.7 of this Code, an Annual Dealer
22		Recovery Fund Fee in the amount of $500 for the
23		applicant's established place of business, and $50 for
24		each additional place of business, if any, to which
25		the application pertains; but if the application is
26		made after June 15 of any year, the fee shall be $250

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1		for the applicant's established place of business plus
2		$25 for each additional place of business, if any, to
3		which the application pertains. For a license renewal
4		application, the fee shall be based on the amount of
5		automobiles sold in the past year according to the
6		following formula:
7		(1) $0 for dealers selling 25 or less
8		automobiles;
9		(2) $150 for dealers selling more than 25 but
10		less than 200 automobiles;
11		(3) $300 for dealers selling 200 or more
12		automobiles but less than 300 automobiles; and
13		(4) $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 (ii)
18		shall be deposited into the Dealer Recovery Trust
19		Fund.
20		(B) An application for a new vehicle dealer's license,
21		other than for a new motor vehicle dealer's license, shall
22		be accompanied by the following license fees:
23		(i) $1,000 for applicant's established place of
24		business, and $50 for each additional place of
25		business, if any, to which the application pertains;
26		but if the application is made after June 15 of any

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1		year, the license fee shall be $500 for applicant's
2		established place of business plus $25 for each
3		additional place of business, if any, to which the
4		application pertains. License fees shall be returnable
5		only in the event that the application is denied by the
6		Secretary of State. Of the money received by the
7		Secretary of State as license fees under this
8		subparagraph (i) for the 2004 licensing year and
9		thereafter, 95% shall be deposited into the General
10		Revenue Fund.
11		(ii) Except as provided in subsection (h) of
12		Section 5-102.7 of this Code, an Annual Dealer
13		Recovery Fund Fee in the amount of $500 for the
14		applicant's established place of business, and $50 for
15		each additional place of business, if any, to which
16		the application pertains; but if the application is
17		made after June 15 of any year, the fee shall be $250
18		for the applicant's established place of business plus
19		$25 for each additional place of business, if any, to
20		which the application pertains. License fees shall be
21		returnable only in the event that the application is
22		denied by the Secretary of State. Moneys received
23		under this subparagraph (ii) shall be deposited into
24		the Dealer Recovery Trust Fund.
25		8. A statement that the applicant's officers,
26		directors, shareholders having a 10% or greater ownership

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1		interest therein, proprietor, a partner, member, officer,
2		director, trustee, manager or other principals in the
3		business have not committed in the past 3 years any one
4		violation as determined in any civil, criminal or
5		administrative proceedings of any one of the following
6		Acts:
7		(A) The Anti-Theft Laws of the Illinois Vehicle
8		Code;
9		(B) The Certificate of Title Laws of the Illinois
10		Vehicle Code;
11		(C) The Offenses against Registration and
12		Certificates of Title Laws of the Illinois Vehicle
13		Code;
14		(D) The Dealers, Transporters, Wreckers and
15		Rebuilders Laws of the Illinois Vehicle Code;
16		(E) Section 21-2 of the Criminal Code of 1961 or
17		the Criminal Code of 2012, Criminal Trespass to
18		Vehicles; or
19		(F) The Retailers' Occupation Tax Act.
20		9. A statement that the applicant's officers,
21		directors, shareholders having a 10% or greater ownership
22		interest therein, proprietor, partner, member, officer,
23		director, trustee, manager or other principals in the
24		business have not committed in any calendar year 3 or more
25		violations, as determined in any civil, criminal or
26		administrative proceedings, of any one or more of the

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1		following Acts:
2		(A) The Consumer Finance Act;
3		(B) The Consumer Installment Loan Act;
4		(C) The Retail Installment Sales Act;
5		(D) The Motor Vehicle Retail Installment Sales
6		Act;
7		(E) The Interest Act;
8		(F) The Illinois Wage Assignment Act;
9		(G) Part 8 of Article XII of the Code of Civil
10		Procedure; or
11		(H) The Consumer Fraud Act.
12		9.5. A statement that, within 10 years of application,
13		each officer, director, shareholder having a 10% or
14		greater ownership interest therein, proprietor, partner,
15		member, officer, director, trustee, manager, or other
16		principal in the business of the applicant has not
17		committed, as determined in any civil, criminal, or
18		administrative proceeding, in any calendar year one or
19		more forcible felonies under the Criminal Code of 1961 or
20		the Criminal Code of 2012, or a violation of either or both
21		Article 16 or 17 of the Criminal Code of 1961 or a
22		violation of either or both Article 16 or 17 of the
23		Criminal Code of 2012, Article 29B of the Criminal Code of
24		1961 or the Criminal Code of 2012, or a similar
25		out-of-state offense. For the purposes of this paragraph,
26		"forcible felony" has the meaning provided in Section 2-8

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1		of the Criminal Code of 2012.
2		10. A bond or certificate of deposit in the amount of
3		$50,000 for each location at which the applicant intends
4		to act as a new vehicle dealer. The bond shall be for the
5		term of the license, or its renewal, for which application
6		is made, and shall expire not sooner than December 31 of
7		the year for which the license was issued or renewed. The
8		bond shall run to the People of the State of Illinois, with
9		surety by a bonding or insurance company authorized to do
10		business in this State. It shall be conditioned upon the
11		proper transmittal of all title and registration fees and
12		taxes (excluding taxes under the Retailers' Occupation Tax
13		Act) accepted by the applicant as a new vehicle dealer.
14		11. Such other information concerning the business of
15		the applicant as the Secretary of State may by rule or
16		regulation prescribe.
17		12. A statement that the applicant understands Chapter
18		1 through Chapter 5 of this Code.
19		13. The full name, address, and contact information of
20		each of the dealer's agents or legal representatives who
21		is an Illinois resident and liable for the performance of
22		the dealership.
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.
3		(d) Anything in this Chapter 5 to the contrary
4		notwithstanding no person shall be licensed as a new vehicle
5		dealer unless:
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
9		2. Such person shall maintain an established place of
10		business as defined in this Act.
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
16		denial of the application, under Section 5-501 of this
17		Chapter, grant the applicant an original new vehicle dealer's
18		license in 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
2		manager;
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;
9		5. The make or makes of new vehicles which the
10		licensee is licensed to sell; .
11		6. The full name, address, and contact information of
12		each of the dealer's agents or legal representatives who
13		is an Illinois resident and liable for the performance of
14		the dealership.
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 of
18		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) hereof, all new
21		vehicle dealer's licenses granted under this Section shall
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 the provisions of Section 5-501 of this Chapter.
25		(h) A new 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 under an approved bond under
2		the Retailers' Occupation Tax Act or proof that applicant is
3		not subject to such bonding requirements, as in the case of an
4		original license, but in case an application for the renewal
5		of an effective license is made during the month of December,
6		the effective license shall remain in force until the
7		application is granted or denied by the Secretary of State.
8		(i) All persons licensed as a new vehicle dealer are
9		required to furnish each purchaser of a motor vehicle:
10		1. In the case of a new vehicle a manufacturer's
11		statement of origin and in the case of a used motor vehicle
12		a certificate of title, in either case properly assigned
13		to the purchaser;
14		2. A statement verified under oath that all
15		identifying numbers on the vehicle agree with those on the
16		certificate of title or manufacturer's statement of
17		origin;
18		3. A bill of sale properly executed on behalf of such
19		person;
20		4. A copy of the Uniform Invoice-transaction reporting
21		return referred to in Section 5-402 hereof;
22		5. In the case of a rebuilt vehicle, a copy of the
23		Disclosure of Rebuilt Vehicle Status; and
24		6. In the case of a vehicle for which the warranty has
25		been reinstated, a copy of the warranty.
26		(j) Except at the time of sale or repossession of the

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1		vehicle, no person licensed as a new vehicle dealer may issue
2		any other person a newly created key to a vehicle unless the
3		new vehicle dealer makes a color photocopy or electronic scan
4		of the driver's license or State identification card of the
5		person requesting or obtaining the newly created key. The new
6		vehicle dealer must retain the photocopy or scan for 30 days.
7		A new vehicle dealer who violates this subsection (j) is
8		guilty of a petty offense. Violation of this subsection (j) is
9		not cause to suspend, revoke, cancel, or deny renewal of the
10		new vehicle dealer's license.
11		This amendatory Act of 1983 shall be applicable to the
12		1984 registration year and thereafter.
13		(k) If a licensee under this Section voluntarily
14		surrenders a license to the Illinois Secretary of State Police
15		or a representative of the Secretary of State Vehicle Services
16		Department due to the licensee's inability to adhere to
17		recordkeeping provisions, or the inability to properly issue
18		certificates of title or registrations under this Code, or the
19		Secretary revokes a license under this Section, then the
20		licensee and the licensee's agent, designee, or legal
21		representative, if applicable, may not be named on a new
22		application for a licensee under this Section or under this
23		Chapter, nor is the licensee or the licensee's agent,
24		designee, or legal representative permitted to work for
25		another licensee under this Chapter in a recordkeeping,
26		management, or financial position or as an employee who

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1		handles certificate of title and registration documents and
2		applications.
3		(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19;
4		101-505, eff. 1-1-20.)
5		(625 ILCS 5/5-101.1)
6		Sec. 5-101.1. Motor vehicle financing affiliates;
7		licensing.
8		(a) In this State no business shall engage in the business
9		of a motor vehicle financing affiliate without a license to do
10		so in writing from the Secretary of State.
11		(b) An application for a motor vehicle financing
12		affiliate's license must be filed with the Secretary of State,
13		duly verified by oath, on a form prescribed by the Secretary of
14		State and shall contain all of the following:
15		(1) The name and type of business organization of the
16		applicant and the applicant's established place of
17		business and any additional places of business in this
18		State.
19		(2) The name and address of the licensed new or used
20		vehicle dealer to which the applicant will be selling,
21		transferring, or assigning new or used motor vehicles
22		pursuant to a written contract. If more than one dealer is
23		on the application, the applicant shall state in writing
24		the basis of common ownership among the dealers.
25		(3) A list of the business organization's officers,

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1		directors, members, and shareholders having a 10% or
2		greater ownership interest in the business, providing the
3		residential address for each person listed.
4		(4) If selling, transferring, or assigning new motor
5		vehicles, the make or makes of new vehicles that it will
6		sell, assign, or otherwise transfer to the contracting new
7		motor vehicle dealer listed on the application pursuant to
8		paragraph (2).
9		(5) The name of each manufacturer or franchised
10		distributor, if any, of new vehicles with whom the
11		applicant has contracted for the sale of new vehicles and
12		a signed statement from each manufacturer or franchised
13		distributor acknowledging the contract.
14		(6) A statement that the applicant has been approved
15		for registration under the Retailers' Occupation Tax Act
16		by the Department of Revenue. This requirement does not
17		apply to a motor vehicle financing affiliate that is
18		already licensed with the Secretary of State and is
19		applying for a renewal of its license.
20		(7) A statement that the applicant has complied with
21		the appropriate liability insurance requirement and a
22		Certificate of Insurance that shall not expire before
23		December 31 of the year for which the license was issued or
24		renewed with a minimum liability coverage of $100,000 for
25		the bodily injury or death of any person, $300,000 for the
26		bodily injury or death of 2 or more persons in any one

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1		accident, and $50,000 for damage to property. The
2		expiration of the insurance policy shall not terminate the
3		liability under the policy arising during the period for
4		which the policy was filed. Trailer and mobile home
5		dealers are exempt from the requirements of this
6		paragraph. A motor vehicle financing affiliate is exempt
7		from the requirements of this paragraph if it is covered
8		by the insurance policy of the new or used dealer listed on
9		the application pursuant to paragraph (2).
10		(8) A license fee of $1,000 for the applicant's
11		established place of business and $250 for each additional
12		place of business, if any, to which the application
13		pertains. However, if the application is made after June
14		15 of any year, the license fee shall be $500 for the
15		applicant's established place of business and $125 for
16		each additional place of business, if any, to which the
17		application pertains. These license fees shall be
18		returnable only in the event that the application is
19		denied by the Secretary of State.
20		(9) A statement incorporating the requirements of
21		paragraphs 8 and 9 of subsection (b) of Section 5-101.
22		(10) Any other information concerning the business of
23		the applicant as the Secretary of State may prescribe.
24		(11) A statement that the applicant understands
25		Chapter 1 through Chapter 5 of this Code.
26		(12) The full name, address, and contact information

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1		of each of the dealer's agents or legal representatives
2		who is an Illinois resident and liable for the performance
3		of the dealership.
4		(c) Any change which renders no longer accurate any
5		information contained in any application for a motor vehicle
6		financing affiliate's license shall be amended within 30 days
7		after the occurrence of the change on a form prescribed by the
8		Secretary of State, accompanied by an amendatory fee of $2.
9		(d) If a new vehicle dealer is not listed on the
10		application, pursuant to paragraph (2) of subsection (b), the
11		motor vehicle financing affiliate shall not receive, possess,
12		or transfer any new vehicle. If a new motor vehicle dealer is
13		listed on the application, pursuant to paragraph (2) of
14		subsection (b), the new motor vehicle dealer can only receive
15		those new cars it is permitted to receive under its franchise
16		agreement. If both a new and used motor vehicle dealer are
17		listed on the application, pursuant to paragraph (2) of
18		subsection (b), only the new motor vehicle dealer may receive
19		new motor vehicles. If a used motor vehicle is listed on the
20		application, pursuant to paragraph (2) of subsection (b), the
21		used motor vehicle dealer shall not receive any new motor
22		vehicles.
23		(e) The applicant and dealer provided pursuant to
24		paragraph (2) of subsection (b) must be business organizations
25		registered to conduct business in Illinois. Three-fourths of
26		the dealer's board of directors must be members of the motor

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1		vehicle financing affiliate's board of directors, if
2		applicable.
3		(f) Unless otherwise provided in this Chapter 5, no
4		business organization registered to do business in Illinois
5		shall be licensed as a motor vehicle financing affiliate
6		unless:
7		(1) The motor vehicle financing affiliate shall only
8		sell, transfer, or assign motor vehicles to the licensed
9		new or used dealer listed on the application pursuant to
10		paragraph (2) of subsection (b).
11		(2) The motor vehicle financing affiliate sells,
12		transfers, or assigns to the new motor vehicle dealer
13		listed on the application, if any, only those new motor
14		vehicles the motor vehicle financing affiliate has
15		received under the contract set forth in paragraph (5) of
16		subsection (b).
17		(3) Any new vehicle dealer listed pursuant to
18		paragraph (2) of subsection (b) has a franchise agreement
19		that permits the dealer to receive motor vehicles from the
20		motor vehicle franchise affiliate.
21		(4) The new or used motor vehicle dealer listed on the
22		application pursuant to paragraph (2) of subsection (b)
23		has one established place of business or supplemental
24		places of business as referenced in subsection (g).
25		(g) The Secretary of State shall, within a reasonable time
26		after receipt, examine an application submitted pursuant to

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1		this Section and, unless it is determined that the application
2		does not conform with the requirements of this Section or that
3		grounds exist for a denial of the application under Section
4		5-501, grant the applicant a motor vehicle financing affiliate
5		license in writing for the applicant's established place of
6		business and a supplemental license in writing for each
7		additional place of business in a form prescribed by the
8		Secretary, which shall include all of the following:
9		(1) The name of the business licensed;
10		(2) The name and address of its officers, directors,
11		or members, as applicable;
12		(3) In the case of an original license, the
13		established place of business of the licensee; and
14		(4) If applicable, the make or makes of new vehicles
15		which the licensee is licensed to sell to the new motor
16		vehicle dealer listed on the application pursuant to
17		paragraph (2) of subsection (b); and .
18		(5) The full name, address, and contact information of
19		each of the dealer's agents or legal representatives who
20		is an Illinois resident and liable for the performance of
21		the dealership.
22		(h) The appropriate instrument evidencing the license or a
23		certified copy, provided by the Secretary of State, shall be
24		kept posted conspicuously in the established place of business
25		of the licensee.
26		(i) Except as provided in subsection (h), all motor

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1		vehicle financing affiliate's licenses granted under this
2		Section shall expired by operation of law on December 31 of the
3		calendar year for which they are granted, unless revoked or
4		canceled at an earlier date pursuant to Section 5-501.
5		(j) A motor vehicle financing affiliate's license may be
6		renewed upon application and payment of the required fee.
7		However, when an application for renewal of a motor vehicle
8		financing affiliate's license is made during the month of
9		December, the effective license shall remain in force until
10		the application is granted or denied by the Secretary of
11		State.
12		(k) The contract a motor vehicle financing affiliate has
13		with a manufacturer or franchised distributor, as provided in
14		paragraph (5) of subsection (b), shall only permit the
15		applicant to sell, transfer, or assign new motor vehicles to
16		the new motor vehicle dealer listed on the application
17		pursuant to paragraph (2) of subsection (b). The contract
18		shall specifically prohibit the motor vehicle financing
19		affiliate from selling motor vehicles at retail. This contract
20		shall not be considered the granting of a franchise as defined
21		in Section 2 of the Motor Vehicle Franchise Act.
22		(l) When purchasing of a motor vehicle by a new or used
23		motor vehicle dealer, all persons licensed as a motor vehicle
24		financing affiliate are required to furnish all of the
25		following:
26		(1) For a new vehicle, a manufacturer's statement of

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1		origin properly assigned to the purchasing dealer. For a
2		used vehicle, a certificate of title properly assigned to
3		the purchasing dealer.
4		(2) A statement verified under oath that all
5		identifying numbers on the vehicle agree with those on the
6		certificate of title or manufacturer's statement of
7		origin.
8		(3) A bill of sale properly executed on behalf of the
9		purchasing dealer.
10		(4) A copy of the Uniform Invoice-transaction report
11		pursuant to Section 5-402.
12		(5) In the case of a rebuilt vehicle, a copy of the
13		Disclosure of Rebuilt Vehicle Status pursuant to Section
14		5-104.3.
15		(6) In the case of a vehicle for which a warranty has
16		been reinstated, a copy of the warranty.
17		(m) The motor vehicle financing affiliate shall use the
18		established and supplemental place or places of business the
19		new or used vehicle dealer listed on the application pursuant
20		to paragraph (2) of subsection (b) as its established and
21		supplemental place or places of business.
22		(n) The motor vehicle financing affiliate shall keep all
23		books and records required by this Code with the books and
24		records of the new or used vehicle dealer listed on the
25		application pursuant to paragraph (2) of subsection (b). The
26		motor vehicle financing affiliate may use the books and

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1		records of the new or used motor vehicle dealer listed on the
2		application pursuant to paragraph (2) of subsection (b).
3		(o) Under no circumstances shall a motor vehicle financing
4		affiliate sell, transfer, or assign a new vehicle to any place
5		of business of a new motor vehicle dealer, unless that place of
6		business is licensed under this Chapter to sell, assign, or
7		otherwise transfer the make of the new motor vehicle
8		transferred.
9		(p) All moneys received by the Secretary of State as
10		license fees under this Section shall be deposited into the
11		Motor Vehicle Review Board Fund and shall be used to
12		administer the Motor Vehicle Review Board under the Motor
13		Vehicle Franchise Act.
14		(q) Except as otherwise provided in this Section, a motor
15		vehicle financing affiliate shall comply with all provisions
16		of this Code.
17		(r) If a licensee under this Section voluntarily
18		surrenders a license to the Illinois Secretary of State Police
19		or a representative of the Secretary of State Vehicle Services
20		Department due to the licensee's inability to adhere to
21		recordkeeping provisions, or the inability to properly issue
22		certificates of title or registrations under this Code, or the
23		Secretary revokes a license under this Section, then the
24		licensee and the licensee's agent, designee, or legal
25		representative, if applicable, may not be named on a new
26		application for a licensee under this Section or under this

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1		Chapter, nor is the licensee or the licensee's agent,
2		designee, or legal representative permitted to work for
3		another licensee under this Chapter in a recordkeeping,
4		management, or financial position or as an employee who
5		handles certificate of title and registration documents and
6		applications.
7		(Source: P.A. 91-415, eff. 1-1-00.)
8		(625 ILCS 5/5-101.2)
9		Sec. 5-101.2. Manufactured home dealers; licensing.
10		(a) For the purposes of this Section, the following words
11		shall have the meanings ascribed to them as follows:
12		"Community-based manufactured home dealer" means an
13		individual or entity that operates a tract of land or 2 or
14		more contiguous tracts of land which contain sites with
15		the necessary utilities for 5 or more independent
16		manufactured homes for permanent habitation, either free
17		of charge or for revenue purposes, and shall include any
18		building, structure, vehicle, or enclosure used or
19		intended for use as a part of the equipment of the
20		manufactured home park who may, incidental to the
21		operation of the manufactured home community, sell, trade,
22		or buy no more than 2 manufactured homes or park models per
23		calendar year that are located within the manufactured
24		home community pursuant to a franchise agreement or
25		similar agreement with a manufacturer, or used

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1		manufactured homes or park models located within the
2		manufactured home community or additional place of
3		business that is owned or managed by the community-based
4		manufactured home dealer.
5		"Established place of business" means the place owned
6		or leased and occupied by any person duly licensed or
7		required to be licensed as a manufactured home dealer or a
8		community-based manufactured home dealer for the purpose
9		of engaging in selling, buying, bartering, displaying,
10		exchanging, or dealing in, on consignment or otherwise,
11		manufactured homes or park models and for such other
12		ancillary purposes as may be permitted by the Secretary by
13		rule. An established place of business shall include a
14		single or central office in which the manufactured home
15		dealer's or community-based manufactured home dealer's
16		records shall be separate and distinct from any other
17		business or tenant which may occupy space in the same
18		building, except as provided in this Section, and the
19		office shall not be located in a tent, temporary stand,
20		temporary address, room or rooms in a hotel or rooming
21		house, nor the premises occupied by a single or multiple
22		unit residence, unless the multiple unit residence has a
23		separate and distinct office.
24		"Manufactured home" means a factory assembled
25		structure built on a permanent chassis, transportable in
26		one or more sections in the travel mode, incapable of

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1		self-propulsion, and bears a label indicating the
2		manufacturer's compliance with the United States
3		Department of Housing and Urban Development standards, as
4		applicable, that is without a permanent foundation and is
5		designed for year round occupancy as a single-family
6		residence when connected to approved water, sewer, and
7		electrical utilities.
8		"Manufactured home dealer" means an individual or
9		entity that engages in the business of acquiring or
10		disposing of a manufactured home or park model, either a
11		new manufactured home or park model, pursuant to a
12		franchise agreement with a manufacturer, or used
13		manufactured homes or park models, and who has an
14		established place of business that is not in a residential
15		community-based setting.
16		"Park model" means a vehicle that is incapable of
17		self-propulsion that is less than 400 square feet of
18		habitable space that is built to American National
19		Standards Institute (ANSI) standards that prohibits
20		occupancy on a permanent basis and is built on a vehicle
21		chassis.
22		"Supplemental license" means a license that a
23		community-based manufactured home dealer receives and
24		displays at locations in which the licensee is authorized
25		to sell, buy, barter, display, exchange, or deal in, on
26		consignment or otherwise, manufactured homes or park

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1		models, but is not the established place of business of
2		the licensee.
3		(b) No person shall engage in this State in the business of
4		selling or dealing in, on consignment or otherwise,
5		manufactured homes or park models of any make, or act as an
6		intermediary, agent, or broker for any manufactured home or
7		park model purchaser, other than as a salesperson or to
8		represent or advertise that he or she is so engaged, or intends
9		to so engage, in the business, unless licensed to do so by the
10		Secretary of State under the provisions of this Section.
11		(c) An application for a manufactured home dealer's
12		license or a community-based manufactured home dealer's
13		license shall be filed with the Secretary of State and duly
14		verified by oath, on such form as the Secretary of State may by
15		rule prescribe and shall contain all of the following:
16		(1) The name and type of business organization of the
17		applicant, and his or her established and additional
18		places of business, if any, in this State.
19		(2) If the applicant is a corporation, a list of its
20		officers, directors, and shareholders having a 10% or
21		greater ownership interest in the corporation. If the
22		applicant is a sole proprietorship, a partnership, a
23		limited liability company, an unincorporated association,
24		a trust, or any similar form of business organization, the
25		name and residence address of the proprietor, or the name
26		and residence address of each partner, member, officer,

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1		director, trustee, or manager.
2		(3) The make or makes of new manufactured homes or
3		park models that the applicant will offer for sale at
4		retail in the State.
5		(4) The name of each manufacturer or franchised
6		distributor, if any, of new manufactured homes or park
7		models with whom the applicant has contracted for the sale
8		of new manufactured homes or park models. As evidence of
9		this fact, the application shall be accompanied by a
10		signed statement from each manufacturer or franchised
11		distributor.
12		(5) A statement that the applicant has been approved
13		for registration under the Retailers' Occupation Tax Act
14		by the Department of Revenue, provided that this
15		requirement does not apply to a manufactured home dealer
16		who is already licensed with the Secretary of State, and
17		who is merely applying for a renewal of his or her license.
18		As evidence of this fact, the application shall be
19		accompanied by a certification from the Department of
20		Revenue showing that the Department has approved the
21		applicant for registration under the Retailers' Occupation
22		Tax Act.
23		(6) An application for:
24		(A) a manufactured home dealer's license, when the
25		applicant is selling new manufactured homes or park
26		models on behalf of a manufacturer of manufactured

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1		homes or park models, or 5 or more used manufactured
2		homes or park models during the calendar year, shall
3		be accompanied by a $1,000 license fee for the
4		applicant's established place of business, and $100
5		for each additional place of business, if any, to
6		which the application pertains. If the application is
7		made after June 15 in any year, the license fee shall
8		be $500 for the applicant's established place of
9		business, and $50 for each additional place of
10		business, if any, to which the application pertains.
11		License fees shall be returnable only in the event
12		that the application is denied by the Secretary of
13		State; or
14		(B) a community-based manufactured home dealer's
15		license, when the applicant is selling new
16		manufactured homes or park models on behalf of a
17		manufacturer of manufactured homes or park models, or
18		5 or more used manufactured homes or park models
19		during the calendar year, but within a community
20		setting, shall be accompanied by a license fee of $500
21		for the applicant's established place of business, and
22		$50 for each additional place of business within a
23		50-mile radius of the established place of business,
24		if any to which the application pertains. If the
25		application is made after June 15 in any year, the
26		license fee shall be $250 for the applicant's

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1		established place of business, and $50 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.
6		Of the monies received by the Secretary of State
7		as license fees under this paragraph (6), 95% shall be
8		deposited into the General Revenue Fund and 5% into
9		the Motor Vehicle License Plate Fund.
10		(7) A statement that the applicant's officers,
11		directors, and shareholders having a 10% or greater
12		ownership interest therein, proprietor, a partner, member,
13		officer, director, trustee, manager, or other principals
14		in the business, have not committed in the past 3 years any
15		one violation, as determined in any civil, criminal, or
16		administrative hearing proceeding, of any one of the
17		following Acts:
18		(A) the Anti Theft Laws of the Illinois Vehicle
19		Code;
20		(B) the Certificate of Title Laws of the Illinois
21		Vehicle Code;
22		(C) the Offenses against Registration and
23		Certificates of Title Laws of the Illinois Vehicle
24		Code;
25		(D) the Dealers, Transporters, Wreckers, and
26		Rebuilders Laws of the Illinois Vehicle Code;

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1		(E) Section 21-2 of the Criminal Code of 2012
2		(criminal trespass to vehicles);
3		(F) the Retailers Occupation Tax Act;
4		(G) the Consumer Finance Act;
5		(H) the Consumer Installment Loan Act;
6		(I) the Retail Installment Sales Act;
7		(J) the Motor Vehicle Retail Installment Sales
8		Act;
9		(K) the Interest Act;
10		(L) the Illinois Wage Assignment Act;
11		(M) Part 8 of Article XII of the Code of Civil
12		Procedure; or
13		(N) the Consumer Fraud Act.
14		(8) A bond or certificate of deposit in the amount of
15		$20,000 for each license holder applicant intending to act
16		as a manufactured home dealer or community-based
17		manufactured home dealer under this Section. The bond
18		shall be for the term of the license, for which
19		application is made, and shall expire not sooner than
20		December 31 of the year for which the license was issued.
21		The bond shall run to the People of the State of Illinois,
22		with surety by a bonding or insurance company authorized
23		to do business in this State. It shall be conditioned upon
24		the proper transmittal of all title and registration fees
25		and taxes (excluding taxes under the Retailers' Occupation
26		Tax Act) accepted by the applicant as a manufactured home

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1		dealer.
2		(9) Dealers in business for over 5 years may
3		substitute a certificate of insurance in lieu of the bond
4		or certificate of deposit upon renewing their license.
5		(10) Any other information concerning the business of
6		the applicant as the Secretary of State may by rule
7		prescribe.
8		(11) A statement that the applicant has read and
9		understands Chapters 1 through 5 of this Code.
10		(12) The full name, address, and contact information
11		of each of the dealer's agents or legal representatives
12		who is an Illinois resident and liable for the performance
13		of the dealership.
14		(d) Any change which renders no longer accurate any
15		information contained in any application for a license under
16		this Section shall be amended within 30 days after the
17		occurrence of the change on a form the Secretary of State may
18		prescribe, by rule, accompanied by an amendatory fee of $25.
19		(e) The Secretary of State shall, within a reasonable time
20		after receipt, examine an application submitted to him or her
21		under this Section, and unless he or she makes a determination
22		that the application submitted to him or her does not conform
23		with the requirements of this Section or that grounds exist
24		for a denial of the application under Section 5-501 of this
25		Chapter, grant the applicant an initial manufactured home
26		dealer's license or a community-based manufactured home

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1		dealer's license in writing for his or her established place
2		of business and a supplemental license in writing for each
3		additional place of business in a form the Secretary may
4		prescribe by rule, which shall include the following:
5		(1) the name of the person or entity licensed;
6		(2) if a corporation, the name and address of its
7		officers; if a sole proprietorship, a partnership, an
8		unincorporated association, or any similar form of
9		business organization, the name and address of the
10		proprietor, or the name and address of each partner,
11		member, officer, director, trustee or manager; or if a
12		limited liability company, the name and address of the
13		general partner or partners, or managing member or
14		members;
15		(3) in the case of an original license, the
16		established place of business of the licensee;
17		(4) in the case of a supplemental license, the
18		established place of business of the licensee and the
19		distance to each additional place of business to which the
20		supplemental license pertains; and
21		(5) if applicable, the make or makes of new
22		manufactured homes or park models to which a manufactured
23		home dealer is licensed to sell; and .
24		(6) the full name, address, and contact information of
25		each of the dealer's agents or legal representatives who
26		is an Illinois resident and liable for the performance of

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1		the dealership.
2		(e-5) A manufactured home dealer may operate a
3		supplemental lot if the lot is located within 50 miles of the
4		manufactured home dealer's principal place of business.
5		Records pertaining to a supplemental lot may be maintained at
6		the principal place of business.
7		(f) The appropriate instrument evidencing the license or a
8		certified copy of the instrument, provided by the Secretary of
9		State, shall be kept posted conspicuously in the established
10		place of business of the licensee and in each additional place
11		of business, if any, maintained by the licensee, unless the
12		licensee is a community-based manufactured home dealer, then
13		the license shall be posted in the community-based
14		manufactured home dealer's central office and it shall include
15		a list of the other locations that the community-based
16		manufactured home dealer may oversee.
17		(g) Except as provided in subsection (i) of this Section,
18		all licenses granted under this Section shall expire by
19		operation of law on December 31 of the calendar year for which
20		the licenses were granted, unless sooner revoked or cancelled
21		under the provisions of Section 5-501 of this Chapter.
22		(h) All persons licensed as a manufactured home dealer or
23		a community-based manufactured home dealer are required to
24		furnish each purchaser of a manufactured home or park model:
25		(1) in the case of a new manufactured home or park
26		model, a manufacturer's statement of origin, and in the

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1		case of a previously owned manufactured home or park
2		model, a certificate of title, in either case properly
3		assigned to the purchaser;
4		(2) a statement verified under oath that all
5		identifying numbers on the vehicle match the identifying
6		numbers on the certificate of title or manufacturer's
7		statement of origin;
8		(3) a bill of sale properly executed on behalf of the
9		purchaser;
10		(4) a copy of the Uniform Invoice-transaction
11		reporting return form referred to in Section 5-402; and
12		(5) for a new manufactured home or park model, a
13		warranty, and in the case of a manufactured home or park
14		model for which the warranty has been reinstated, a copy
15		of the warranty; if no warranty is provided, a disclosure
16		or statement that the manufactured home or park model is
17		being sold "AS IS".
18		(i) This Section shall not apply to a (i) seller who
19		privately owns his or her manufactured home or park model as
20		his or her main residence and is selling the manufactured home
21		or park model to another individual or to a licensee; (ii) a
22		retailer or entity licensed under either Section 5-101 or
23		5-102 of this Code; or (iii) an individual or entity licensed
24		to sell truck campers, travel trailers, motor homes, or mini
25		motor homes as defined by this Code. Any vehicle not covered by
26		this Section that requires an individual or entity to obtain a

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1		license to sell 5 or more vehicles must obtain a license under
2		the relevant provisions of this Code.
3		(j) This Section shall not apply to any person licensed
4		under the Real Estate License Act of 2000.
5		(k) The Secretary of State may adopt any rules necessary
6		to implement this Section.
7		(Source: P.A. 101-407, eff. 8-16-19.)
8		(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
9		Sec. 5-102. Used vehicle dealers must be licensed.
10		(a) No person, other than a licensed new vehicle dealer,
11		shall engage in the business of selling or dealing in, on
12		consignment or otherwise, 5 or more used vehicles of any make
13		during the year (except house trailers as authorized by
14		paragraph (j) of this Section and rebuilt salvage vehicles
15		sold by their rebuilders to persons licensed under this
16		Chapter), or act as an intermediary, agent or broker for any
17		licensed dealer or vehicle purchaser (other than as a
18		salesperson) or represent or advertise that he is so engaged
19		or intends to so engage in such business unless licensed to do
20		so by the Secretary of State under the provisions of this
21		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
14		for registration under the Retailers' Occupation Tax Act
15		by the Department of Revenue. However, this requirement
16		does not apply to a dealer who is already licensed
17		hereunder with the Secretary of State, and who is merely
18		applying for a renewal of his license. As evidence of this
19		fact, the application shall be accompanied by a
20		certification from the Department of Revenue showing that
21		the Department has approved the applicant for registration
22		under the Retailers' Occupation Tax Act.
23		4. A statement that the applicant has complied with
24		the appropriate liability insurance requirement. A
25		Certificate of Insurance in a solvent company authorized
26		to do business in the State of Illinois shall be included

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1		with each application covering each location at which he
2		proposes to act as a used vehicle dealer. The policy must
3		provide liability coverage in the minimum amounts of
4		$100,000 for bodily injury to, or death of, any person,
5		$300,000 for bodily injury to, or death of, two or more
6		persons in any one accident, and $50,000 for damage to
7		property. Such policy shall expire not sooner than
8		December 31 of the year for which the license was issued or
9		renewed. The expiration of the insurance policy shall not
10		terminate the liability under the policy arising during
11		the period for which the policy was filed. Trailer and
12		mobile home dealers are 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
18		damage to property, then the permitted user's insurer
19		shall be the primary insurer and the dealer's insurer
20		shall be the secondary insurer. If the permitted user does
21		not have a liability insurance policy that provides
22		automobile liability insurance coverage of at least
23		$100,000 for bodily injury to or the death of any person,
24		$300,000 for bodily injury to or the death of any 2 or more
25		persons in any one accident, and $50,000 for damage to
26		property, or does not have any insurance at all, then the

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1		dealer's insurer shall be the primary insurer and the
2		permitted 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
10		vehicle owned and held for sale or lease by the used
11		vehicle dealer which the person is considering to purchase
12		or lease, in order to evaluate the performance,
13		reliability, or condition of the vehicle. The term
14		"permitted user" also includes a person who, with the
15		permission of the used vehicle dealer, drives a vehicle
16		owned or held for sale or lease by the used vehicle dealer
17		for loaner purposes while the user's vehicle is being
18		repaired or evaluated.
19		As used in this paragraph 4, "test driving" occurs
20		when a permitted user who, with the permission of the used
21		vehicle dealer or an employee of the used vehicle dealer,
22		drives a vehicle owned and held for sale or lease by a used
23		vehicle dealer that the person is considering to purchase
24		or lease, in order to evaluate the performance,
25		reliability, or condition of the vehicle.
26		As used in this paragraph 4, "loaner purposes" means

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1		when a person who, with the permission of the used vehicle
2		dealer, drives a vehicle owned or held for sale or lease by
3		the used vehicle dealer while the user's vehicle is being
4		repaired or evaluated.
5		5. An application for a used vehicle dealer's license
6		shall be accompanied by the following license fees:
7		(A) $1,000 for applicant's established place of
8		business, and $50 for each additional place of
9		business, if any, to which the application pertains;
10		however, if the application is made after June 15 of
11		any year, the license fee shall be $500 for
12		applicant's established place of business plus $25 for
13		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. Of the money
17		received by the Secretary of State as license fees
18		under this subparagraph (A) for the 2004 licensing
19		year and thereafter, 95% shall be deposited into the
20		General Revenue Fund.
21		(B) Except for dealers selling 25 or fewer
22		automobiles or as provided in subsection (h) of
23		Section 5-102.7 of this Code, an Annual Dealer
24		Recovery Fund Fee in the amount of $500 for the
25		applicant's established place of business, and $50 for
26		each additional place of business, if any, to which

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1		the application pertains; but if the application is
2		made after June 15 of any year, the fee shall be $250
3		for the applicant's established place of business plus
4		$25 for each additional place of business, if any, to
5		which the 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) $0 for dealers selling 25 or less
10		automobiles;
11		(2) $150 for dealers selling more than 25 but
12		less than 200 automobiles;
13		(3) $300 for dealers selling 200 or more
14		automobiles but less than 300 automobiles; and
15		(4) $500 for dealers selling 300 or more
16		automobiles.
17		License fees shall be returnable only in the event
18		that the application is denied by the Secretary of
19		State. Moneys received under this subparagraph (B)
20		shall be deposited into the Dealer Recovery Trust
21		Fund.
22		6. 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 the past 3 years any one

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1		violation as determined in any civil, criminal or
2		administrative proceedings of any one of the following
3		Acts:
4		(A) The Anti-Theft Laws of the Illinois Vehicle
5		Code;
6		(B) The Certificate of Title Laws of the Illinois
7		Vehicle Code;
8		(C) The Offenses against Registration and
9		Certificates of Title Laws of the Illinois Vehicle
10		Code;
11		(D) The Dealers, Transporters, Wreckers and
12		Rebuilders Laws of the Illinois Vehicle Code;
13		(E) Section 21-2 of the Illinois Criminal Code of
14		1961 or the Criminal Code of 2012, Criminal Trespass
15		to Vehicles; or
16		(F) The Retailers' Occupation Tax Act.
17		7. A statement that the applicant's officers,
18		directors, shareholders having a 10% or greater ownership
19		interest therein, proprietor, partner, member, officer,
20		director, trustee, manager or other principals in the
21		business have not committed in any calendar year 3 or more
22		violations, as determined in any civil or criminal or
23		administrative proceedings, of any one or more of the
24		following Acts:
25		(A) The Consumer Finance Act;
26		(B) The Consumer Installment Loan Act;

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1		(C) The Retail Installment Sales Act;
2		(D) The Motor Vehicle Retail Installment Sales
3		Act;
4		(E) The Interest Act;
5		(F) The Illinois Wage Assignment Act;
6		(G) Part 8 of Article XII of the Code of Civil
7		Procedure; or
8		(H) The Consumer Fraud and Deceptive Business
9		Practices Act.
10		7.5. A statement that, within 10 years of application,
11		each officer, director, shareholder having a 10% or
12		greater ownership interest therein, proprietor, partner,
13		member, officer, director, trustee, manager, or other
14		principal in the business of the applicant has not
15		committed, as determined in any civil, criminal, or
16		administrative proceeding, in any calendar year one or
17		more forcible felonies under the Criminal Code of 1961 or
18		the Criminal Code of 2012, or a violation of either or both
19		Article 16 or 17 of the Criminal Code of 1961 or a
20		violation of either or both Article 16 or 17 of the
21		Criminal Code of 2012, Article 29B of the Criminal Code of
22		1961 or the Criminal Code of 2012, or a similar
23		out-of-state offense. For the purposes of this paragraph,
24		"forcible felony" has the meaning provided in Section 2-8
25		of the Criminal Code of 2012.
26		8. A bond or Certificate of Deposit in the amount of

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1		$50,000 for each location at which the applicant intends
2		to act as a used vehicle dealer. The bond shall be for the
3		term of the license, or its renewal, for which application
4		is made, and shall expire not sooner than December 31 of
5		the year for which the license was issued or renewed. The
6		bond shall run to the People of the State of Illinois, with
7		surety by a bonding or insurance company authorized to do
8		business in this State. It shall be conditioned upon the
9		proper transmittal of all title and registration fees and
10		taxes (excluding taxes under the Retailers' Occupation Tax
11		Act) accepted by the applicant as a used vehicle dealer.
12		9. Such other information concerning the business of
13		the applicant as the Secretary of State may by rule or
14		regulation prescribe.
15		10. A statement that the applicant understands Chapter
16		1 through Chapter 5 of this Code.
17		11. A copy of the certification from the prelicensing
18		education program.
19		12. The full name, address, and contact information of
20		each of the dealer's agents or legal representatives who
21		is an Illinois resident and liable for the performance of
22		the dealership.
23		(c) Any change which renders no longer accurate any
24		information contained in any application for a used vehicle
25		dealer's license shall be amended within 30 days after the
26		occurrence of each 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.
3		(d) Anything in this Chapter to the contrary
4		notwithstanding, no person shall be licensed as a used vehicle
5		dealer unless such person maintains an established place of
6		business as defined in this Chapter.
7		(e) The Secretary of State shall, within a reasonable time
8		after receipt, examine an application submitted to him under
9		this Section. Unless the Secretary makes a determination that
10		the application submitted to him does not conform to this
11		Section or that grounds exist for a denial of the application
12		under Section 5-501 of this Chapter, he must grant the
13		applicant an original used vehicle dealer's license in writing
14		for his established place of business and a supplemental
15		license in writing for each additional place of business in
16		such form as he may prescribe by rule or regulation which shall
17		include the following:
18		1. The name of the person licensed;
19		2. If a corporation, the name and address of its
20		officers or if a sole proprietorship, a partnership, an
21		unincorporated association or any similar form of business
22		organization, the name and address of the proprietor or of
23		each partner, member, officer, director, trustee or
24		manager;
25		3. In case of an original license, the established
26		place of business of the licensee;

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1		4. In the case of a supplemental license, the
2		established place of business of the licensee and the
3		additional place of business to which such supplemental
4		license pertains; .
5		5. The full name, address, and contact information of
6		each of the dealer's agents or legal representatives who
7		is an Illinois resident and liable for the performance of
8		the dealership.
9		(f) The appropriate instrument evidencing the license or a
10		certified copy thereof, provided by the Secretary of State
11		shall be kept posted, conspicuously, in the established place
12		of business of the licensee and in each additional place of
13		business, if any, maintained by such licensee.
14		(g) Except as provided in subsection (h) of this Section,
15		all used vehicle dealer's licenses granted under this Section
16		expire by operation of law on December 31 of the calendar year
17		for which they are granted unless sooner revoked or cancelled
18		under Section 5-501 of this Chapter.
19		(h) A used vehicle dealer's license may be renewed upon
20		application and payment of the fee required herein, and
21		submission of proof of coverage by an approved bond under the
22		"Retailers' Occupation Tax Act" or proof that applicant is not
23		subject to such bonding requirements, as in the case of an
24		original license, but in case an application for the renewal
25		of an effective license is made during the month of December,
26		the effective license shall remain in force until the

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1		application for renewal is granted or denied by the Secretary
2		of State.
3		(i) All persons licensed as a used vehicle dealer are
4		required to furnish each purchaser of a motor vehicle:
5		1. A certificate of title properly assigned to the
6		purchaser;
7		2. A statement verified under oath that all
8		identifying numbers on the vehicle agree with those on the
9		certificate of title;
10		3. A bill of sale properly executed on behalf of such
11		person;
12		4. A copy of the Uniform Invoice-transaction reporting
13		return referred to in Section 5-402 of this Chapter;
14		5. In the case of a rebuilt vehicle, a copy of the
15		Disclosure of Rebuilt Vehicle Status; and
16		6. In the case of a vehicle for which the warranty has
17		been reinstated, a copy of the warranty.
18		(j) A real estate broker holding a valid certificate of
19		registration issued pursuant to "The Real Estate Brokers and
20		Salesmen License Act" may engage in the business of selling or
21		dealing in house trailers not his own without being licensed
22		as a used vehicle dealer under this Section; however such
23		broker shall maintain a record of the transaction including
24		the following:
25		(1) the name and address of the buyer and seller,
26		(2) the date of sale,

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1		(3) a description of the mobile home, including the
2		vehicle identification number, make, model, and year, and
3		(4) the Illinois certificate of title number.
4		The foregoing records shall be available for inspection by
5		any officer of the Secretary of State's Office at any
6		reasonable hour.
7		(k) Except at the time of sale or repossession of the
8		vehicle, no person licensed as a used vehicle dealer may issue
9		any other person a newly created key to a vehicle unless the
10		used vehicle dealer makes a color photocopy or electronic scan
11		of the driver's license or State identification card of the
12		person requesting or obtaining the newly created key. The used
13		vehicle dealer must retain the photocopy or scan for 30 days.
14		A used vehicle dealer who violates this subsection (k) is
15		guilty of a petty offense. Violation of this subsection (k) is
16		not cause to suspend, revoke, cancel, or deny renewal of the
17		used vehicle dealer's license.
18		(l) Used vehicle dealers licensed under this Section shall
19		provide the Secretary of State a register for the sale at
20		auction of each salvage or junk certificate vehicle. Each
21		register shall include the following information:
22		1. The year, make, model, style and color of the
23		vehicle;
24		2. The vehicle's manufacturer's identification number
25		or, if applicable, the Secretary of State or Illinois
26		Department of State Police identification number;

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1		3. The date of acquisition of the vehicle;
2		4. The name and address of the person from whom the
3		vehicle was acquired;
4		5. The name and address of the person to whom any
5		vehicle was disposed, the person's Illinois license number
6		or if the person is an out-of-state salvage vehicle buyer,
7		the license number from the state or jurisdiction where
8		the buyer is licensed; and
9		6. The purchase price of the vehicle.
10		The register shall be submitted to the Secretary of State
11		via written or electronic means within 10 calendar days from
12		the date of the auction.
13		(m) If a licensee under this Section voluntarily
14		surrenders a license to the Illinois Secretary of State Police
15		or a representative of the Secretary of State Vehicle Services
16		Department due to the licensee's inability to adhere to
17		recordkeeping provisions, or the inability to properly issue
18		certificates of title or registrations under this Code, or the
19		Secretary revokes a license under this Section, then the
20		licensee and the licensee's agent, designee, or legal
21		representative, if applicable, may not be named on a new
22		application for a licensee under this Section or under this
23		Chapter, nor is the licensee or the licensee's agent,
24		designee, or legal representative permitted to work for
25		another licensee under this Chapter in a recordkeeping,
26		management, or financial position or as an employee who

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1		handles certificate of title and registration documents and
2		applications.
3
4		(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19;
5		101-505, eff. 1-1-20.)
6		(625 ILCS 5/5-102.8)
7		Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle
8		dealers.
9		(a) As used in this Section, "Buy Here, Pay Here used
10		vehicle dealer" means any entity that engages in the business
11		of selling or leasing of vehicles and finances the sale or
12		purchase price of the vehicle to a customer without the
13		customer using a third-party lender.
14		(b) No person shall engage in the business of selling or
15		dealing in, on consignment or otherwise, 5 or more used
16		vehicles of any make during the year (except rebuilt salvage
17		vehicles sold by their rebuilders to persons licensed under
18		this Chapter), or act as an intermediary, agent, or broker for
19		any licensed dealer or vehicle purchaser (other than as a
20		salesperson) or represent or advertise that he or she is so
21		engaged or intends to so engage in such business of a Buy Here,
22		Pay Here used vehicle dealer unless licensed to do so by the
23		Secretary of State under the provisions of this Section.
24		(c) An application for a Buy Here, Pay Here used vehicle
25		dealer's license shall be filed with the Secretary of State,

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1		duly verified by oath, in such form as the Secretary of State
2		may by rule or regulation prescribe and shall contain:
3		(1) The name and type of business organization
4		established and additional places of business, if any, in
5		this State.
6		(2) If the applicant is a corporation, a list of its
7		officers, directors, and shareholders having a 10% or
8		greater ownership interest in the corporation, setting
9		forth the residence address of each; if the applicant is a
10		sole proprietorship, a partnership, an unincorporated
11		association, a trust, or any similar form of business
12		organization, the names and residence address of the
13		proprietor or of each partner, member, officer, director,
14		trustee, or manager.
15		(3) A statement that the applicant has been approved
16		for registration under the Retailers' Occupation Tax Act
17		by the Department of Revenue. However, this requirement
18		does not apply to a dealer who is already licensed
19		hereunder with the Secretary of State, and who is merely
20		applying for a renewal of his or her license. As evidence
21		of this fact, the application shall be accompanied by a
22		certification from the Department of Revenue showing that
23		the Department has approved the applicant for registration
24		under the Retailers' Occupation Tax Act.
25		(4) A statement that the applicant has complied with
26		the appropriate liability insurance requirement. A

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1		Certificate of Insurance in a solvent company authorized
2		to do business in the State of Illinois shall be included
3		with each application covering each location at which he
4		or she proposes to act as a Buy Here, Pay Here used vehicle
5		dealer. The policy must provide liability coverage in the
6		minimum amounts of $100,000 for bodily injury to, or death
7		of, any person, $300,000 for bodily injury to, or death
8		of, 2 or more persons in any one accident, and $50,000 for
9		damage to property. Such policy shall expire not sooner
10		than December 31 of the year for which the license was
11		issued or renewed. The expiration of the insurance policy
12		shall not terminate the liability under the policy arising
13		during the period for which the policy was filed.
14		If the permitted user has a liability insurance policy
15		that provides automobile liability insurance coverage of
16		at least $100,000 for bodily injury to or the death of any
17		person, $300,000 for bodily injury to or the death of any 2
18		or more persons in any one accident, and $50,000 for
19		damage to property, then the permitted user's insurer
20		shall be the primary insurer and the dealer's insurer
21		shall be the secondary insurer. If the permitted user does
22		not have a liability insurance policy that provides
23		automobile liability insurance coverage of at least
24		$100,000 for bodily injury to or the death of any person,
25		$300,000 for bodily injury to or the death of any 2 or more
26		persons in any one accident, and $50,000 for damage to

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1		property, or does not have any insurance at all, then the
2		dealer's insurer shall be the primary insurer and the
3		permitted user's insurer shall be the secondary insurer.
4		When a permitted user is "test driving" a Buy Here,
5		Pay Here used vehicle dealer's automobile, the Buy Here,
6		Pay Here used vehicle dealer's insurance shall be primary
7		and the permitted user's insurance shall be secondary.
8		As used in this paragraph, "permitted user" means a
9		person who, with the permission of the Buy Here, Pay Here
10		used vehicle dealer or an employee of the Buy Here, Pay
11		Here used vehicle dealer, drives a vehicle owned and held
12		for sale or lease by the Buy Here, Pay Here used vehicle
13		dealer that the person is considering to purchase or
14		lease, in order to evaluate the performance, reliability,
15		or condition of the vehicle. "Permitted user" includes a
16		person who, with the permission of the Buy Here, Pay Here
17		used vehicle dealer, drives a vehicle owned or held for
18		sale or lease by the Buy Here, Pay Here used vehicle dealer
19		for loaner purposes while the user's vehicle is being
20		repaired or evaluated.
21		As used in this paragraph, "test driving" occurs when
22		a permitted user who, with the permission of the Buy Here,
23		Pay Here used vehicle dealer or an employee of the Buy
24		Here, Pay Here used vehicle dealer, drives a vehicle owned
25		and held for sale or lease by a Buy Here, Pay Here used
26		vehicle dealer that the person is considering to purchase

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1		or lease, in order to evaluate the performance,
2		reliability, or condition of the vehicle.
3		As used in this paragraph, "loaner purposes" means
4		when a person who, with the permission of the Buy Here, Pay
5		Here used vehicle dealer, drives a vehicle owned or held
6		for sale or lease by the used vehicle dealer while the
7		user's vehicle is being repaired or evaluated.
8		(5) An application for a Buy Here, Pay Here used
9		vehicle dealer's license shall be accompanied by the
10		following license fees:
11		(A) $1,000 for the applicant's established place
12		of business, and $50 for each additional place of
13		business, if any, to which the application pertains;
14		however, if the application is made after June 15 of
15		any year, the license fee shall be $500 for the
16		applicant's established place of business plus $25 for
17		each additional place of business, if any, to which
18		the application pertains. License fees shall be
19		returnable only if the application is denied by the
20		Secretary of State. Of the money received by the
21		Secretary of State as license fees under this
22		subparagraph, 95% shall be deposited into the General
23		Revenue Fund.
24		(B) Except for dealers selling 25 or fewer
25		automobiles or as provided in subsection (h) of
26		Section 5-102.7 of this Code, an Annual Dealer

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1		Recovery Fund Fee in the amount of $500 for the
2		applicant's established place of business, and $50 for
3		each additional place of business, if any, to which
4		the application pertains; but if the application is
5		made after June 15 of any year, the fee shall be $250
6		for the applicant's established place of business plus
7		$25 for each additional place of business, if any, to
8		which the application pertains. For a license renewal
9		application, the fee shall be based on the amount of
10		automobiles sold in the past year according to the
11		following formula:
12		(1) $0 for dealers selling 25 or less
13		automobiles;
14		(2) $150 for dealers selling more than 25 but
15		less than 200 automobiles;
16		(3) $300 for dealers selling 200 or more
17		automobiles but less than 300 automobiles; and
18		(4) $500 for dealers selling 300 or more
19		automobiles.
20		Fees shall be returnable only if the application
21		is denied by the Secretary of State. Money received
22		under this subparagraph shall be deposited into the
23		Dealer Recovery Trust Fund. A Buy Here, Pay Here used
24		vehicle dealer shall pay into the Dealer Recovery
25		Trust Fund for every vehicle that is financed, sold,
26		or otherwise transferred to an individual or entity

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1		other than the Buy Here, Pay Here used vehicle dealer
2		even if the individual or entity to which the Buy Here,
3		Pay Here used vehicle dealer transfers the vehicle is
4		unable to continue to adhere to the terms of the
5		transaction by the Buy Here, Pay Here used vehicle
6		dealer.
7		(6) A statement that each officer, director,
8		shareholder having a 10% or greater ownership interest
9		therein, proprietor, partner, member, officer, director,
10		trustee, manager, or other principal in the business of
11		the applicant has not committed in the past 3 years any one
12		violation as determined in any civil, criminal, or
13		administrative proceedings of any one of the following:
14		(A) the Anti-Theft Laws of this Code;
15		(B) the Certificate of Title Laws of this Code;
16		(C) the Offenses against Registration and
17		Certificates of Title Laws of this Code;
18		(D) the Dealers, Transporters, Wreckers and
19		Rebuilders Laws of this Code;
20		(E) Section 21-2 of the Illinois Criminal Code of
21		1961 or the Criminal Code of 2012, Criminal Trespass
22		to Vehicles; or
23		(F) the Retailers' Occupation Tax Act.
24		(7) A statement that each officer, director,
25		shareholder having a 10% or greater ownership interest
26		therein, proprietor, partner, member, officer, director,

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1		trustee, manager, or other principal in the business of
2		the applicant has not committed in any calendar year 3 or
3		more violations, as determined in any civil, criminal, or
4		administrative proceedings, of any one or more of the
5		following:
6		(A) the Consumer Finance Act;
7		(B) the Consumer Installment Loan Act;
8		(C) the Retail Installment Sales Act;
9		(D) the Motor Vehicle Retail Installment Sales
10		Act;
11		(E) the Interest Act;
12		(F) the Illinois Wage Assignment Act;
13		(G) Part 8 of Article XII of the Code of Civil
14		Procedure; or
15		(H) the Consumer Fraud and Deceptive Business
16		Practices Act.
17		(8) A statement that, within 10 years of application,
18		each officer, director, shareholder having a 10% or
19		greater ownership interest therein, proprietor, partner,
20		member, officer, director, trustee, manager, or other
21		principal in the business of the applicant has not
22		committed, as determined in any civil, criminal, or
23		administrative proceeding, in any calendar year one or
24		more forcible felonies under the Criminal Code of 1961 or
25		the Criminal Code of 2012, or a violation of either or both
26		Article 16 or 17 of the Criminal Code of 1961, or a

SB0573 Enrolled - 95 - LRB102 16985 RAM 22405 b
1		violation of either or both Article 16 or 17 of the
2		Criminal Code of 2012, Article 29B of the Criminal Code of
3		1961 or the Criminal Code of 2012, or a similar
4		out-of-state offense. For the purposes of this paragraph,
5		"forcible felony" has the meaning provided in Section 2-8
6		of the Criminal Code of 2012.
7		(9) A bond or Certificate of Deposit in the amount of
8		$50,000 for each location at which the applicant intends
9		to act as a Buy Here, Pay Here used vehicle dealer. The
10		bond shall be for the term of the license. The bond shall
11		run to the People of the State of Illinois, with surety by
12		a bonding or insurance company authorized to do business
13		in this State. It shall be conditioned upon the proper
14		transmittal of all title and registration fees and taxes
15		(excluding taxes under the Retailers' Occupation Tax Act)
16		accepted by the applicant as a Buy Here, Pay Here used
17		vehicle dealer.
18		(10) Such other information concerning the business of
19		the applicant as the Secretary of State may by rule
20		prescribe.
21		(11) A statement that the applicant understands
22		Chapter 1 through Chapter 5 of this Code.
23		(12) A copy of the certification from the prelicensing
24		education program.
25		(13) The full name, address, and contact information
26		of each of the dealer's agents or legal representatives

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1		who is an Illinois resident and liable for the performance
2		of the dealership.
3		(d) Any change that renders no longer accurate any
4		information contained in any application for a Buy Here, Pay
5		Here used vehicle dealer's license shall be amended within 30
6		days after the occurrence of each change on such form as the
7		Secretary of State may prescribe by rule, accompanied by an
8		amendatory fee of $2.
9		(e) Anything in this Chapter to the contrary
10		notwithstanding, no person shall be licensed as a Buy Here,
11		Pay Here used vehicle dealer unless the person maintains an
12		established place of business as defined in this Chapter.
13		(f) The Secretary of State shall, within a reasonable time
14		after receipt, examine an application submitted under this
15		Section. Unless the Secretary makes a determination that the
16		application does not conform to this Section or that grounds
17		exist for a denial of the application under Section 5-501 of
18		this Chapter, the Secretary must grant the applicant an
19		original Buy Here, Pay Here used vehicle dealer's license in
20		writing for his or her established place of business and a
21		supplemental license in writing for each additional place of
22		business in such form as the Secretary may prescribe by rule
23		that shall include the following:
24		(1) The name of the person licensed.
25		(2) If a corporation, the name and address of its
26		officers or if a sole proprietorship, a partnership, an

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1		unincorporated association, or any similar form of
2		business organization, the name and address of the
3		proprietor or of each partner, member, officer, director,
4		trustee, or manager.
5		(3) In the case of an original license, the
6		established place of business of the licensee.
7		(4) In the case of a supplemental license, the
8		established place of business of the licensee and the
9		additional place of business to which the supplemental
10		license pertains.
11		(5) The full name, address, and contact information of
12		each of the dealer's agents or legal representatives who
13		is an Illinois resident and liable for the performance of
14		the dealership.
15		(g) 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 the licensee.
20		(h) Except as provided in subsection (i), all Buy Here,
21		Pay Here used vehicle dealer's licenses granted under this
22		Section expire by operation of law on December 31 of the
23		calendar year for which they are granted unless sooner revoked
24		or cancelled under Section 5-501 of this Chapter.
25		(i) A Buy Here, Pay Here used vehicle dealer's license may
26		be renewed upon application and payment of the fee required

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1		herein, and submission of proof of coverage by an approved
2		bond under the Retailers' Occupation Tax Act or proof that the
3		applicant is not subject to such bonding requirements, as in
4		the case of an original license, but in the case of an
5		application for the renewal of an effective license made
6		during the month of December, the effective license shall
7		remain in force until the application for renewal is granted
8		or denied by the Secretary of State.
9		(j) Each person licensed as a Buy Here, Pay Here used
10		vehicle dealer is required to furnish each purchaser of a
11		motor vehicle:
12		(1) a certificate of title properly assigned to the
13		purchaser;
14		(2) a statement verified under oath that all
15		identifying numbers on the vehicle agree with those on the
16		certificate of title;
17		(3) a bill of sale properly executed on behalf of the
18		person;
19		(4) a copy of the Uniform Invoice-transaction
20		reporting return referred to in Section 5-402;
21		(5) in the case of a rebuilt vehicle, a copy of the
22		Disclosure of Rebuilt Vehicle Status; and
23		(6) in the case of a vehicle for which the warranty has
24		been reinstated, a copy of the warranty.
25		(k) Except at the time of sale or repossession of the
26		vehicle, no person licensed as a Buy Here, Pay Here used

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1		vehicle dealer may issue any other person a newly created key
2		to a vehicle unless the Buy Here, Pay Here used vehicle dealer
3		makes a color photocopy or electronic scan of the driver's
4		license or State identification card of the person requesting
5		or obtaining the newly created key. The Buy Here, Pay Here used
6		vehicle dealer must retain the photocopy or scan for 30 days.
7		A Buy Here, Pay Here used vehicle dealer who violates this
8		subsection (k) is guilty of a petty offense. Violation of this
9		subsection (k) is not cause to suspend, revoke, cancel, or
10		deny renewal of the used vehicle dealer's license.
11		(l) A Buy Here, Pay Here used vehicle dealer licensed
12		under this Section shall provide the Secretary of State a
13		register for the sale at auction of each salvage or junk
14		certificate vehicle. Each register shall include the following
15		information:
16		(1) the year, make, model, style, and color of the
17		vehicle;
18		(2) the vehicle's manufacturer's identification number
19		or, if applicable, the Secretary of State or Illinois
20		Department of State Police identification number;
21		(3) the date of acquisition of the vehicle;
22		(4) the name and address of the person from whom the
23		vehicle was acquired;
24		(5) the name and address of the person to whom any
25		vehicle was disposed, the person's Illinois license number
26		or, if the person is an out-of-state salvage vehicle

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1		buyer, the license number from the state or jurisdiction
2		where the buyer is licensed; and
3		(6) the purchase price of the vehicle.
4		The register shall be submitted to the Secretary of State
5		via written or electronic means within 10 calendar days from
6		the date of the auction.
7		(m) If a licensee under this Section voluntarily
8		surrenders a license to the Illinois Secretary of State Police
9		or a representative of the Secretary of State Vehicle Services
10		Department due to the licensee's inability to adhere to
11		recordkeeping provisions, or the inability to properly issue
12		certificates of title or registrations under this Code, or the
13		Secretary revokes a license under this Section, then the
14		licensee and the licensee's agent, designee, or legal
15		representative, if applicable, may not be named on a new
16		application for a licensee under this Section or under this
17		Chapter, nor is the licensee or the licensee's agent,
18		designee, or legal representative permitted to work for
19		another licensee under this Chapter in a recordkeeping,
20		management, or financial position or as an employee who
21		handles certificate of title and registration documents and
22		applications.
23		(Source: P.A. 101-505, eff. 1-1-20.)
24		(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
25		Sec. 5-301. Automotive parts recyclers, scrap processors,

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1		repairers and rebuilders must be licensed.
2		(a) No person in this State shall, except as an incident to
3		the servicing of vehicles, carry on or conduct the business of
4		an automotive parts recycler, a scrap processor, a repairer,
5		or a rebuilder, unless licensed to do so in writing by the
6		Secretary of State under this Section. No person shall rebuild
7		a salvage vehicle unless such person is licensed as a
8		rebuilder by the Secretary of State under this Section. No
9		person shall engage in the business of acquiring 5 or more
10		previously owned vehicles in one calendar year for the primary
11		purpose of disposing of those vehicles in the manner described
12		in the definition of a "scrap processor" in this Code unless
13		the person is licensed as an automotive parts recycler by the
14		Secretary of State under this Section. No person shall engage
15		in the act of dismantling, crushing, or altering a vehicle
16		into another form using machinery or equipment unless licensed
17		to do so and only from the fixed location identified on the
18		license issued by the Secretary. Each license shall be applied
19		for and issued separately, except that a license issued to a
20		new vehicle dealer under Section 5-101 of this Code shall also
21		be deemed to be a repairer license.
22		(b) Any application filed with the Secretary of State,
23		shall be duly verified by oath, in such form as the Secretary
24		of State may by rule or regulation prescribe and shall
25		contain:
26		1. The name and type of business organization of the

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1		applicant and his principal or additional places of
2		business, if any, in this State.
3		2. The kind or kinds of business enumerated in
4		subsection (a) of this Section to be conducted at each
5		location.
6		3. If the applicant is a corporation, a list of its
7		officers, directors, and shareholders having a ten percent
8		or greater ownership interest in the corporation, setting
9		forth the residence address of each; if the applicant is a
10		sole proprietorship, a partnership, an unincorporated
11		association, a trust, or any similar form of business
12		organization, the names and residence address of the
13		proprietor or of each partner, member, officer, director,
14		trustee or manager.
15		4. A statement that the applicant's officers,
16		directors, shareholders having a ten percent or greater
17		ownership interest therein, proprietor, partner, member,
18		officer, director, trustee, manager, or other principals
19		in the business have not committed in the past three years
20		any one violation as determined in any civil or criminal
21		or administrative proceedings of any one of the following
22		Acts:
23		(a) the Anti-Theft Laws of the Illinois Vehicle
24		Code;
25		(b) the "Certificate of Title Laws" of the
26		Illinois Vehicle Code;

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1		(c) the "Offenses against Registration and
2		Certificates of Title Laws" of the Illinois Vehicle
3		Code;
4		(d) the "Dealers, Transporters, Wreckers and
5		Rebuilders Laws" of the Illinois Vehicle Code;
6		(e) Section 21-2 of the Criminal Code of 1961 or
7		the Criminal Code of 2012, Criminal Trespass to
8		Vehicles; or
9		(f) the Retailers Occupation Tax Act.
10		5. A statement that the applicant's officers,
11		directors, shareholders having a ten percent or greater
12		ownership interest therein, proprietor, partner, member,
13		officer, director, trustee, manager or other principals in
14		the business have not committed in any calendar year 3 or
15		more violations, as determined in any civil or criminal or
16		administrative proceedings, of any one or more of the
17		following Acts:
18		(a) the Consumer Finance Act;
19		(b) the Consumer Installment Loan Act;
20		(c) the Retail Installment Sales Act;
21		(d) the Motor Vehicle Retail Installment Sales
22		Act;
23		(e) the Interest Act;
24		(f) the Illinois Wage Assignment Act;
25		(g) Part 8 of Article XII of the Code of Civil
26		Procedure; or

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1		(h) the Consumer Fraud Act.
2		6. An application for a license shall be accompanied
3		by the following fees: $50 for applicant's established
4		place of business; $25 for each additional place of
5		business, if any, to which the application pertains;
6		provided, however, that if such an application is made
7		after June 15 of any year, the license fee shall be $25 for
8		applicant's established place of business plus $12.50 for
9		each additional place of business, if any, to which the
10		application pertains. License fees shall be returnable
11		only in the event that such application shall be denied by
12		the Secretary of State.
13		7. A statement that the applicant understands Chapter
14		1 through Chapter 5 of this Code.
15		8. A statement that the applicant shall comply with
16		subsection (e) of this Section.
17		9. A statement indicating if the applicant, including
18		any of the applicant's affiliates or predecessor
19		corporations, has been subject to the revocation or
20		nonrenewal of a business license by a municipality under
21		Section 5-501.5 of this Code.
22		10. The applicant's National Motor Vehicle Title
23		Information System number and a statement of compliance if
24		applicable.
25		11. The full name, address, and contact information of
26		each of the dealer's agents or legal representatives who

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1		is an Illinois resident and liable for the performance of
2		the dealership.
3		(c) Any change which renders no longer accurate any
4		information contained in any application for a license filed
5		with the Secretary of State shall be amended within 30 days
6		after the occurrence of such change on such form as the
7		Secretary of State may prescribe by rule or regulation,
8		accompanied by an amendatory fee of $2.
9		(d) Anything in this Chapter to the contrary,
10		notwithstanding, no person shall be licensed under this
11		Section unless such person shall maintain an established place
12		of business as defined in this Chapter.
13		(e) The Secretary of State shall within a reasonable time
14		after receipt thereof, examine an application submitted to him
15		under this Section and unless he makes a determination that
16		the application submitted to him does not conform with the
17		requirements of this Section or that grounds exist for a
18		denial of the application, as prescribed in Section 5-501 of
19		this Chapter, grant the applicant an original license as
20		applied for in writing for his established place of business
21		and a supplemental license in writing for each additional
22		place of business in such form as he may prescribe by rule or
23		regulation which shall include the following:
24		1. the name of the person licensed;
25		2. if a corporation, the name and address of its
26		officers or if a sole proprietorship, a partnership, an

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1		unincorporated association or any similar form of business
2		organization, the name and address of the proprietor or of
3		each partner, member, officer, director, trustee or
4		manager;
5		3. a designation of the kind or kinds of business
6		enumerated in subsection (a) of this Section to be
7		conducted at each location;
8		4. in the case of an original license, the established
9		place of business of the licensee;
10		5. in the case of a supplemental license, the
11		established place of business of the licensee and the
12		additional place of business to which such supplemental
13		license pertains; .
14		6. the full name, address, and contact information of
15		each of the dealer's agents or legal representatives who
16		is an Illinois resident and liable for the performance of
17		the dealership.
18		(f) The appropriate instrument evidencing the license or a
19		certified copy thereof, provided by the Secretary of State
20		shall be kept, posted, conspicuously in the established place
21		of business of the licensee and in each additional place of
22		business, if any, maintained by such licensee. The licensee
23		also shall post conspicuously in the established place of
24		business and in each additional place of business a notice
25		which states that such business is required to be licensed by
26		the Secretary of State under Section 5-301, and which provides

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1		the license number of the business and the license expiration
2		date. This notice also shall advise the consumer that any
3		complaints as to the quality of service may be brought to the
4		attention of the Attorney General. The information required on
5		this notice also shall be printed conspicuously on all
6		estimates and receipts for work by the licensee subject to
7		this Section. The Secretary of State shall prescribe the
8		specific format of this notice.
9		(g) Except as provided in subsection (h) hereof, licenses
10		granted under this Section shall expire by operation of law on
11		December 31 of the calendar year for which they are granted
12		unless sooner revoked, nonrenewed, or cancelled under the
13		provisions of Section 5-501 or 5-501.5 of this Chapter.
14		(h) Any license granted under this Section may be renewed
15		upon application and payment of the fee required herein as in
16		the case of an original license, provided, however, that in
17		case an application for the renewal of an effective license is
18		made during the month of December, such effective license
19		shall remain in force until such application is granted or
20		denied by the Secretary of State.
21		(i) All automotive repairers and rebuilders shall, in
22		addition to the requirements of subsections (a) through (h) of
23		this Section, meet the following licensing requirements:
24		1. provide proof that the property on which first time
25		applicants plan to do business is in compliance with local
26		zoning laws and regulations, and a listing of zoning

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1		classification;
2		2. provide proof that the applicant for a repairer's
3		license complies with the proper workers' compensation
4		rate code or classification, and listing the code of
5		classification for that industry;
6		3. provide proof that the applicant for a rebuilder's
7		license complies with the proper workers' compensation
8		rate code or classification for the repair industry or the
9		auto parts recycling industry and listing the code of
10		classification;
11		4. provide proof that the applicant has obtained or
12		applied for a hazardous waste generator number, and
13		listing the actual number if available or certificate of
14		exemption;
15		5. provide proof that applicant has proper liability
16		insurance, and listing the name of the insurer and the
17		policy number; and
18		6. provide proof that the applicant has obtained or
19		applied for the proper State sales tax classification and
20		federal identification tax number, and listing the actual
21		numbers if available.
22		(i-1) All automotive repairers shall provide proof that
23		they comply with all requirements of the Automotive Collision
24		Repair Act.
25		(j) All automotive parts recyclers shall, in addition to
26		the requirements of subsections (a) through (h) of this

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1		Section, meet the following licensing requirements:
2		1. provide a statement that the applicant purchases 5
3		vehicles per year or has 5 hulks or chassis in stock;
4		2. provide proof that the property on which all first
5		time applicants will do business does comply to the proper
6		local zoning laws in existence, and a listing of zoning
7		classifications;
8		3. provide proof that applicant complies with the
9		proper workers' compensation rate code or classification,
10		and listing the code of classification; and
11		4. provide proof that applicant has obtained or
12		applied for the proper State sales tax classification and
13		federal identification tax number, and listing the actual
14		numbers if available.
15		(Source: P.A. 100-409, eff. 8-25-17; 101-572, eff. 8-23-19.)
16		(625 ILCS 5/5-505 new)
17		Sec. 5-505. License suspension or revocation; penalty. The
18		Secretary shall suspend the license of any licensee under this
19		Chapter who permits an individual who is not an authorized
20		agent or employee of the licensee to use the license of the
21		licensee to purchase a vehicle from an auction. The suspension
22		shall be for a period of no less than 30 days for the first
23		violation. Upon a second or subsequent violation, the
24		Secretary shall revoke the license of the licensee.