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| Public Act 100-0450
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| SB1556 Enrolled | LRB100 08798 AXK 18937 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 1-134.1, 1-171.01a, 3-107, 3-116, 3-802, 3-905, |
5-101, 5-102, 5-107, 5-503, and 6-305 as follows:
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(625 ILCS 5/1-134.1) (from Ch. 95 1/2, par. 1-134.1)
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Sec. 1-134.1. Junk vehicle. A junk vehicle is a vehicle |
which has
been or is being disassembled,
crushed, compressed, |
flattened, destroyed or otherwise
reduced to a state in which |
it no longer can be
returned to an operable state, or has been |
branded or assigned as junk or a similar designation by another |
state or jurisdiction.
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(Source: P.A. 83-1473.)
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(625 ILCS 5/1-171.01a)
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Sec. 1-171.01a. Remittance agent. For the purposes of |
Article IX of
Chapter 3, the term "remittance agent" means any |
person who holds himself or
herself out
to the public as being |
engaged in or who engages in accepting money for
remittance to |
the State of Illinois or any of its instrumentalities or
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political subdivisions, or to any of their officials, for the |
payment of
registration plates, vehicle certificates of title, |
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taxes, or registration fees regardless of when the
money is |
accepted from the public or remitted to the State, whether or |
not the
person renders any other service in connection with the |
making of any such
remittance or is engaged in any other |
endeavor. The term "remittance agent" also includes any person |
who holds himself or herself out to the public as being engaged |
in or who engages in accepting money for consulting or advising |
the public on matters concerning vehicle certificates of title, |
taxes, registration renewals, registration plates, or |
applications for title. The term "remittance agent"
does not |
include any licensed dealer in motor vehicles who accepts
money |
for remittance to the State of Illinois for the payment of |
registration plates, vehicle certificates of title, taxes, or |
registration fees as an incident to his or her business
as a
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motor vehicle dealer.
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(Source: P.A. 97-832, eff. 7-20-12.)
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(625 ILCS 5/3-107) (from Ch. 95 1/2, par. 3-107)
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Sec. 3-107. Contents and effect.
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(a) Each certificate of title issued by the Secretary of |
State shall
contain:
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1. the date issued;
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2. the name and address of the owner;
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3. the names, and addresses, and fax numbers or |
electronic addresses of any lienholders, in the order of
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priority as shown on the application or, if the application |
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is based on
a certificate of title, as shown on the |
certificate;
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4. the title number assigned to the vehicle;
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5. a description of the vehicle including, so far as |
the following
data exists: its make, year-model, |
identifying number, type of body,
whether new or used, as |
to house trailers as defined in Section 1-128 of
this Code, |
and as to manufactured homes as defined in Section 1-144.03 |
of this Code, the square footage of the vehicle based upon |
the outside
dimensions excluding the length of the tongue |
and
hitch, and, if a new vehicle, the date of the first |
sale of the vehicle
for use;
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6. an odometer certification as provided for in
this |
Code; and
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7. any other data the Secretary of State prescribes.
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(a-5) In the event the applicant seeks to have the vehicle |
titled as a custom vehicle or street rod, that fact must be |
stated in the application. The custom vehicle or street rod |
must be inspected as required by Section 3-406 of this Code |
prior to issuance of the title. Upon successful completion of |
the inspection, the vehicle may be titled in the following |
manner. The make of the vehicle shall be listed as the make of |
the actual vehicle or the make it is designed to resemble |
(e.g., Ford or Chevrolet); the model of the vehicle shall be |
listed as custom vehicle or street rod; and the year of the |
vehicle shall be listed as the year the actual vehicle was |
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manufactured or the year it is designed to resemble. A vehicle |
previously titled as other than a custom vehicle or street rod |
may be issued a corrected title reflecting the custom vehicle |
or street rod model if it otherwise meets the requirements for |
the designation. |
(a-10) In the event the applicant seeks to have the vehicle |
titled as a glider kit, that fact must be stated in the |
application. The glider kit must be inspected under Section |
3-406 of this Code prior to issuance of the title. Upon |
successful completion of the inspection, the vehicle shall be |
titled in the following manner: (1) the make of the vehicle |
shall be listed as the make of the chassis or the make it is |
designed to resemble; (2) the model of the vehicle shall be |
listed as glider kit; and (3) the year of the vehicle shall be |
listed as the year presented on the manufacturer's certificate |
of origin for the chassis, unless no year is presented, then it |
shall be listed as the year the application was received. The |
vehicle identification number of the chassis shall be assigned |
to the engine, transmission, and rear axle if the engine, |
transmission, and rear axle were not previously assigned a |
vehicle identification number after an inspection under |
Section 3-406. |
(b) The certificate of title shall contain forms for |
assignment and
warranty of title by the owner, and for |
assignment and warranty of title
by a dealer, and may contain |
forms for applications for a certificate of
title by a |
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transferee, the naming of a lienholder and the assignment or
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release of the security interest of a lienholder. |
(b-5) The Secretary of State shall designate on a |
certificate of title a space where the owner of a vehicle may |
designate a beneficiary, to whom ownership of the vehicle shall |
pass in the event of the owner's death.
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(c) A certificate of title issued by the Secretary of State |
is prima
facie evidence of the facts appearing on it.
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(d) A certificate of title for a vehicle is not subject to
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garnishment, attachment, execution or other judicial process, |
but this
subsection does not prevent a lawful levy upon the |
vehicle.
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(e) Any certificate of title issued by the Secretary of |
State is
subject to a lien in favor of the State of Illinois |
for any fees or
taxes required to be paid under this Act and as |
have not been paid, as
provided for in this Code.
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(f) Notwithstanding any other provision of law, a |
certificate of title issued by the Secretary of State to a |
manufactured home is prima facie evidence of the facts |
appearing on it, notwithstanding the fact that such |
manufactured home, at any time, shall have become affixed in |
any manner to real property. |
(Source: P.A. 98-749, eff. 7-16-14; 99-748, eff. 8-5-16.)
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(625 ILCS 5/3-116) (from Ch. 95 1/2, par. 3-116)
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Sec. 3-116. When Secretary of State to issue a certificate |
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of title.
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(a) The Secretary of State, upon receipt of a properly |
assigned
certificate of title, with an application for a |
certificate of
title, the required fee and any other documents |
required by law, shall
issue a new certificate of title in the |
name of the transferee as owner
and mail it to the first |
lienholder named in it or, if none, to the
owner or owner's |
designee.
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(b) The Secretary of State, upon receipt of an application |
for a new
certificate of title by a transferee other than by |
voluntary transfer,
with proof of the transfer, the required |
fee and any other documents
required by law, shall issue a new |
certificate of title in the name of
the transferee as owner.
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(b-5) The Secretary of State, upon receipt of an |
application for a certificate of title and the required fee, |
may issue a certificate of title to an out-of-state resident if |
the out-of-state resident is a bona fide purchaser of a vehicle |
or a manufactured home from a dealer licensed in this State |
under Section 5-101, 5-101.2, or 5-102 of this Code and the |
licensed dealer files for bankruptcy, surrenders his or her |
license, or is otherwise no longer operating as a licensed |
dealer and does not properly transfer the title application to |
the bona fide purchaser prior to the licensed dealer's business |
closure. |
(c) Any person, firm or corporation, who shall knowingly |
possess,
buy, sell, exchange or give away, or offer to buy, |
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sell, exchange or
give away the certificate of title to any |
motor vehicle which is a junk
or salvage, or who shall fail to |
surrender the certificate of title to
the Secretary of State as |
required under the provisions of this Section
and Section |
3-117.2, shall be guilty of Class 3 felony.
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(d) The Secretary of State shall file and retain for four |
(4) years a
record of every surrendered certificate of title or |
proof of ownership
accepted by the Secretary of State, the file |
to be maintained so as to
permit the tracing of title of the |
vehicle designated therein. Such filing and retention |
requirements shall be in addition to and not in substitution |
for the recordkeeping requirements set forth in Section 3-106 |
of this Code, which recordkeeping requirements are not limited |
to any period of time.
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(e) The Secretary of State, upon receipt of an application |
for
corrected certificate of title, with the original title, |
the required fee
and any other required documents, shall issue |
a corrected certificate of
title in the name of the owner and |
mail it to the first lienholder named in
it or, if none, to the |
owner or owner's designee.
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(f) The Secretary of State, upon receipt of a certified |
copy of a court
order awarding ownership to an applicant along |
with an application for a
certificate of title and the required |
fee, shall issue a certificate of title
to the applicant.
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(Source: P.A. 98-749, eff. 7-16-14.)
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(625 ILCS 5/3-802) (from Ch. 95 1/2, par. 3-802)
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Sec. 3-802. Reclassifications and upgrades.
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(a) Definitions. For the purposes of this Section, the |
following words
shall have the meanings ascribed to them as |
follows:
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"Reclassification" means changing the registration of |
a vehicle from one
plate category to another.
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"Upgrade" means increasing the registered weight of a |
vehicle within the
same plate category.
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(b) When reclassing the registration of a vehicle from one |
plate category
to another, the owner shall receive credit for |
the unused portion of the
present
plate and be charged the |
current portion fees for the new plate. In addition,
the |
appropriate replacement plate and replacement sticker fees |
shall be
assessed.
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(b-5) Beginning with the 2019 2018 registration year, any |
individual who has a registration issued under either Section |
3-405 or 3-405.1 that qualifies for a special license plate |
under Sections 3-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, |
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, |
3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, |
3-681, 3-683, 3-686, 3-688, or 3-693, 3-698, or 3-699.12 may |
reclass his or her registration upon acquiring a special |
license plate listed in this subsection (b-5) without a |
replacement plate fee or registration sticker cost. |
(c) When upgrading the weight of a registration within the |
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same plate
category, the owner shall pay the difference in |
current period fees between the
two plates. In addition, the |
appropriate replacement plate and replacement
sticker fees |
shall be assessed. In the event new plates are not required, |
the
corrected registration card fee shall be assessed.
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(d) In the event the owner of the vehicle desires to change |
the registered
weight and change the plate category, the owner |
shall receive credit for the
unused portion of the registration |
fee of the current plate and pay the current
portion of the |
registration fee for the new plate, and in addition, pay the
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appropriate replacement plate
and replacement sticker fees.
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(e) Reclassing from one plate category to another plate |
category can be done
only once within any registration period.
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(f) No refunds shall be made in any of the circumstances |
found in subsection
(b), subsection (c), or subsection (d); |
however, when reclassing from a flat
weight plate to an |
apportioned plate, a refund may be issued if the credit amounts |
to an overpayment.
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(g) In the event the registration of a vehicle registered |
under the mileage
tax option is revoked, the owner shall be |
required to pay the annual
registration fee in the new plate |
category and shall not receive any credit for
the mileage plate |
fees.
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(h) Certain special interest plates may be displayed on |
first division
vehicles, second division vehicles weighing |
8,000 pounds or less, and
recreational
vehicles. Those plates |
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can be transferred within those vehicle groups.
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(i) Plates displayed on second division vehicles weighing |
8,000 pounds or
less and passenger vehicle plates may be |
reclassed from one division to the
other.
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(j) Other than in subsection (i), reclassing from one |
division to the
other division is prohibited. In addition, a |
reclass from a motor vehicle to a
trailer or a trailer to a |
motor vehicle is prohibited.
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(Source: P.A. 99-809, eff. 1-1-17.)
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(625 ILCS 5/3-905) (from Ch. 95 1/2, par. 3-905)
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Sec. 3-905. Bond; fee; duration of license. Such applicant |
shall,
with
his application, deposit with the Secretary of |
State a bond as hereinafter
provided, for each location at |
which the applicant intends to act as a
remittance agent. The |
application shall be accompanied by the payment of a
license |
fee in the sum of $50.00 (or $25.00 if such application is |
filed
after July 1) for each location at which he proposes to |
act as a remittance
agent. If the applicant shall have complied |
with all of the requirements of
this Section and the Secretary |
of State shall find after investigation that
the applicant is |
financially sound and of good business integrity, he shall
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issue the required license. Such license shall terminate on |
December 31 of
the year for which it is issued, but upon |
application prior to November 15
of any year for which a |
license is in effect may be renewed for the next
succeeding |
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calendar year. Such application shall be accompanied by the
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payment of an annual license fee of $50.00 for each location at |
which the
applicant proposes to act as a remittance agent and |
the posting of the bond
herein provided, for each such |
location.
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The bond required by this Section shall be for the term of |
the
license, or renewal thereof, for which application is made, |
and shall
run to the People of the State of Illinois, with |
surety by a bonding or
insurance company authorized to do |
business in this State, to be
approved by the Secretary of |
State. It shall be conditioned upon the
proper transmittal of |
all remittances by the applicant as a
remittance agent and the |
performance of all undertakings in connection
therewith. It |
shall be in the minimum sum of $20,000 $10,000, or in an amount
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equal to the aggregate sum of money transmitted to the State by
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the applicant during the highest 15 day period in the fiscal
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year
immediately preceding the one for which application is |
made (rounded to
the nearest $1,000), whichever is the greater. |
However, for the purpose
of determining the bond requirements |
hereunder, remittances made by
applicants in the form of money |
orders, checks, or electronic payments which are made payable
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directly to the Secretary of State or the Illinois Department |
of
Revenue by the remitter, shall not be
considered in the |
aggregate. The bond requirement of this
Section shall not
apply |
to banks, savings and loan associations, and credit
unions |
chartered by the State
of Illinois or the United States; |
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provided that the banks, savings
and
loan associations, and |
credit unions provide to the
Secretary of State an affidavit |
stating that
the bank, savings and loan association, or credit |
union is
sufficiently bonded to meet the
requirements as |
required above. Such affidavit shall be signed by an officer
of |
the bank, savings and loan association, or credit union and
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shall be notarized.
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(Source: P.A. 99-324, eff. 1-1-16.)
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(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
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Sec. 5-101. New vehicle dealers must be licensed.
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(a) No person shall engage in this State in the business of |
selling
or dealing in, on consignment or otherwise, new |
vehicles of any make, or
act as an intermediary or agent or |
broker for any licensed dealer or
vehicle purchaser other than |
as a salesperson, or represent or advertise
that he is so |
engaged or intends to so engage in such business unless
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licensed to do so in writing by the Secretary of State under |
the
provisions of this Section.
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(b) An application for a new vehicle dealer's license shall |
be filed
with the Secretary of State, duly verified by oath, on |
such form as the
Secretary of State may by rule or regulation |
prescribe and shall contain:
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1. The name and type of business organization of the |
applicant and
his established and additional places of |
business, if any, in this State.
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2. If the applicant is a corporation, a list of its |
officers,
directors, and shareholders having a ten percent |
or greater ownership
interest in the corporation, setting |
forth the residence address of
each; if the applicant is a |
sole proprietorship, a partnership, an
unincorporated |
association, a trust, or any similar form of business
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organization, the name and residence address of the |
proprietor or of
each partner, member, officer, director, |
trustee, or manager.
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3. The make or makes of new vehicles which the |
applicant will offer
for sale at retail in this State.
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4. The name of each manufacturer or franchised |
distributor, if any,
of new vehicles with whom the |
applicant has contracted for the sale of
such new vehicles. |
As evidence of this fact, the application shall be
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accompanied by a signed statement from each such |
manufacturer or
franchised distributor. If the applicant |
is in the business of
offering for sale new conversion |
vehicles, trucks or vans, except for
trucks modified to |
serve a special purpose which includes but is not
limited |
to the following vehicles: street sweepers, fertilizer |
spreaders,
emergency vehicles, implements of husbandry or |
maintenance type vehicles,
he must furnish evidence of a |
sales and service agreement from both the
chassis |
manufacturer and second stage manufacturer.
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5. A statement that the applicant has been approved for |
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registration
under the Retailers' Occupation Tax Act by the |
Department of Revenue:
Provided that this requirement does |
not apply to a dealer who is already
licensed hereunder |
with the Secretary of State, and who is merely applying
for |
a renewal of his license. As evidence of this fact, the |
application
shall be accompanied by a certification from |
the Department of Revenue
showing that that Department has |
approved the applicant for registration
under the |
Retailers' Occupation Tax Act.
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6. A statement that the applicant has complied with the |
appropriate
liability insurance requirement. A Certificate |
of Insurance in a solvent
company authorized to do business |
in the State of Illinois shall be included
with each |
application covering each location at which he proposes to |
act
as a new vehicle dealer. The policy must provide |
liability coverage in
the minimum amounts of $100,000 for |
bodily injury to, or death of, any person,
$300,000 for |
bodily injury to, or death of, two or more persons in any |
one
accident, and $50,000 for damage to property. Such |
policy shall expire
not sooner than December 31 of the year |
for which the license was issued
or renewed. The expiration |
of the insurance policy shall not terminate
the liability |
under the policy arising during the period for which the
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policy was filed. Trailer and mobile home dealers are |
exempt from this
requirement.
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If the permitted user has a liability insurance policy |
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that provides
automobile
liability insurance coverage of |
at least $100,000 for bodily injury to or the
death of any
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person, $300,000 for bodily injury to or the death of any 2 |
or more persons in
any one
accident, and $50,000 for damage |
to property,
then the permitted user's insurer shall be the |
primary
insurer and the
dealer's insurer shall be the |
secondary insurer. If the permitted user does not
have a |
liability
insurance policy that provides automobile |
liability insurance coverage of at
least
$100,000 for |
bodily injury to or the death of any person, $300,000 for |
bodily
injury to or the death of any 2 or more persons in |
any one accident, and
$50,000 for damage to property, or |
does not have any insurance at all,
then the dealer's |
insurer shall be the primary insurer and the permitted |
user's
insurer shall be the secondary
insurer.
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When a permitted user is "test driving" a new vehicle |
dealer's automobile,
the new vehicle dealer's insurance |
shall be primary and the permitted user's
insurance shall |
be secondary.
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As used in this paragraph 6, a "permitted user" is a |
person who, with the
permission of the new vehicle dealer |
or an employee of the new vehicle dealer,
drives a vehicle |
owned and held for sale or lease by the new vehicle dealer
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which the person is considering
to purchase or lease, in |
order to evaluate the performance, reliability, or
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condition of the vehicle.
The term "permitted user" also |
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includes a person who, with the permission of
the new
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vehicle dealer, drives a vehicle owned or held for sale or |
lease by the new
vehicle dealer
for loaner purposes while |
the user's vehicle is being repaired or evaluated.
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As used in this paragraph 6, "test driving" occurs when |
a permitted user
who,
with the permission of the new |
vehicle dealer or an employee of the new vehicle
dealer, |
drives a vehicle owned and held for sale or lease by a new |
vehicle
dealer that the person is considering to purchase |
or lease, in order to
evaluate the performance, |
reliability, or condition of the
vehicle.
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As used in this paragraph 6, "loaner purposes" means |
when a person who,
with the permission of the new vehicle |
dealer, drives a vehicle owned or held
for sale or lease by |
the new vehicle dealer while the
user's vehicle is being |
repaired or evaluated.
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7. (A) An application for a new motor vehicle dealer's |
license shall be
accompanied by the following license fees:
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(i) $1,000 for applicant's established place of |
business, and
$100 for each
additional place of |
business, if any, to which the application
pertains; |
but if the application is made after June 15 of any |
year, the license
fee shall be $500 for applicant's |
established place of business
plus
$50 for each |
additional place of business, if any, to which the
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application pertains. License fees shall be returnable |
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only in the event that
the application is denied by the |
Secretary of State.
All moneys received by the |
Secretary of State as license fees under this |
subparagraph (i) prior to applications for the 2004
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licensing year
shall be
deposited into the Motor |
Vehicle Review Board Fund and shall
be used to |
administer the Motor Vehicle Review Board under the |
Motor Vehicle
Franchise Act. Of the money received by |
the Secretary of State as license
fees under this |
subparagraph (i) for the 2004
licensing year and
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thereafter, 10% shall
be deposited into the Motor |
Vehicle Review Board Fund and shall be used to
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administer the Motor Vehicle Review Board under the |
Motor Vehicle Franchise Act
and 90% shall be deposited |
into the General Revenue Fund.
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(ii) Except for dealers selling 25 or fewer |
automobiles or as provided in subsection (h) of Section |
5-102.7 of this Code, an Annual Dealer Recovery Fund |
Fee in the amount of $500 for the applicant's |
established place of business, and $50 for each |
additional place of business, if any, to which the |
application pertains; but if the application is made |
after June 15 of any year, the fee shall be $250 for |
the applicant's established place of business plus $25 |
for each additional place of business, if any, to which |
the application pertains. For a license renewal |
|
application, the fee shall be based on the amount of |
automobiles sold in the past year according to the |
following formula: |
(1) $0 for dealers selling 25 or less |
automobiles; |
(2) $150 for dealers selling more than 25 but |
less than 200 automobiles; |
(3) $300 for dealers selling 200 or more |
automobiles but less than 300 automobiles; and |
(4) $500 for dealers selling 300 or more |
automobiles. |
License fees shall be returnable only in the event |
that the application is denied by the Secretary of |
State. Moneys received under this subparagraph (ii) |
shall be deposited into the Dealer Recovery Trust Fund. |
(B) An application for a new vehicle dealer's license, |
other than for
a new motor vehicle dealer's license, shall |
be accompanied by the following
license fees:
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(i) $1,000 for applicant's established place of |
business, and
$50 for each
additional place of |
business, if any, to which the application pertains; |
but if
the application is made after June 15 of any |
year, the license fee shall be
$500
for applicant's |
established place of business plus $25 for each
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additional
place of business, if any, to which the |
application pertains. License fees
shall be returnable |
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only in the event that the application is denied by the
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Secretary of State. Of the money received by the |
Secretary of State as
license fees under this |
subparagraph (i) for the 2004 licensing year and |
thereafter,
95% shall be deposited into the General |
Revenue Fund.
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(ii) Except as provided in subsection (h) of |
Section 5-102.7 of this Code, an Annual Dealer Recovery |
Fund Fee in the amount of $500 for the applicant's |
established place of business, and $50 for each |
additional place of business, if any, to which the |
application pertains; but if the application is made |
after June 15 of any year, the fee shall be $250 for |
the applicant's established place of business plus $25 |
for each additional place of business, if any, to which |
the application pertains. License fees shall be |
returnable only in the event that the application is |
denied by the Secretary of State. Moneys received under |
this subparagraph (ii) shall be deposited into the |
Dealer Recovery Trust Fund. |
8. A statement that the applicant's officers, |
directors,
shareholders having a 10% or greater ownership |
interest
therein, proprietor, a partner, member, officer, |
director, trustee, manager
or other principals in the |
business have not committed in the past 3
years any one |
violation as determined in any civil, criminal or
|
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administrative proceedings of any one of the following |
Acts:
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(A) The Anti-Theft Laws of the Illinois Vehicle |
Code;
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(B) The Certificate of Title Laws of the Illinois |
Vehicle Code;
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(C) The Offenses against Registration and |
Certificates of Title
Laws of the Illinois Vehicle |
Code;
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(D) The Dealers, Transporters, Wreckers and |
Rebuilders
Laws of the Illinois Vehicle Code;
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(E) Section 21-2 of the Criminal Code of 1961 or |
the Criminal Code of 2012, Criminal Trespass to
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Vehicles; or
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(F) The Retailers' Occupation Tax Act.
|
9. A statement that the applicant's officers, |
directors,
shareholders having a 10% or greater ownership |
interest
therein, proprietor, partner, member, officer, |
director, trustee, manager
or other principals in the |
business have not committed in any calendar year
3 or more |
violations, as determined in any civil, criminal or
|
administrative proceedings, of any one or more of the |
following Acts:
|
(A) The Consumer Finance Act;
|
(B) The Consumer Installment Loan Act;
|
(C) The Retail Installment Sales Act;
|
|
(D) The Motor Vehicle Retail Installment Sales |
Act;
|
(E) The Interest Act;
|
(F) The Illinois Wage Assignment Act;
|
(G) Part 8 of Article XII of the Code of Civil |
Procedure; or
|
(H) The Consumer Fraud Act.
|
10. A bond or certificate of deposit in the amount of |
$50,000 $20,000 for
each location at which the applicant |
intends to act as a new vehicle
dealer. The bond shall be |
for the term of the license, or its renewal, for
which |
application is made, and shall expire not sooner than
|
December 31 of the year for which the license was issued or |
renewed. The bond
shall run to the People of the State of |
Illinois, with surety by a bonding or
insurance company |
authorized to do business in this State. It shall be
|
conditioned upon the proper transmittal of all title and |
registration fees and
taxes (excluding taxes under the |
Retailers' Occupation Tax Act) accepted by the
applicant as |
a new vehicle dealer.
|
11. Such other information concerning the business of |
the applicant as
the Secretary of State may by rule or |
regulation prescribe.
|
12. A statement that the applicant understands Chapter |
1 through
Chapter 5 of this Code.
|
(c) Any change which renders no longer accurate any |
|
information
contained in any application for a new vehicle |
dealer's license shall be
amended within 30 days after the |
occurrence of such change on such form
as the Secretary of |
State may prescribe by rule or regulation,
accompanied by an |
amendatory fee of $2.
|
(d) Anything in this Chapter 5 to the contrary |
notwithstanding no
person shall be licensed as a new vehicle |
dealer unless:
|
1. He is authorized by contract in writing between |
himself and the
manufacturer or franchised distributor of |
such make of vehicle to so
sell the same in this State, and
|
2. Such person shall maintain an established place of |
business as
defined in this Act.
|
(e) The Secretary of State shall, within a reasonable time |
after
receipt, examine an application submitted to him under |
this Section and
unless he makes a determination that the |
application submitted to him
does not conform with the |
requirements of this Section or that grounds
exist for a denial |
of the application, under Section 5-501 of this
Chapter, grant |
the applicant an original new vehicle dealer's license in
|
writing for his established place of business and a |
supplemental license
in writing for each additional place of |
business in such form as he may
prescribe by rule or regulation |
which shall include the following:
|
1. The name of the person licensed;
|
2. If a corporation, the name and address of its |
|
officers or if a
sole proprietorship, a partnership, an |
unincorporated association or any
similar form of business |
organization, the name and address of the
proprietor or of |
each partner, member, officer, director, trustee or
|
manager;
|
3. In the case of an original license, the established |
place of
business of the licensee;
|
4. In the case of a supplemental license, the |
established place of
business of the licensee and the |
additional place of business to which such
supplemental |
license pertains;
|
5. The make or makes of new vehicles which the licensee |
is licensed
to sell.
|
(f) The appropriate instrument evidencing the license or a |
certified
copy thereof, provided by the Secretary of State, |
shall be kept posted
conspicuously in the established place of |
business of the licensee and
in each additional place of |
business, if any, maintained by such
licensee.
|
(g) Except as provided in subsection (h) hereof, all new |
vehicle
dealer's licenses granted under this Section shall |
expire by operation
of law on December 31 of the calendar year |
for which they are granted
unless sooner revoked or cancelled |
under the provisions of Section 5-501
of this Chapter.
|
(h) A new vehicle dealer's license may be renewed upon |
application
and payment of the fee required herein, and |
submission of proof of
coverage under an approved bond under |
|
the Retailers' Occupation Tax
Act or proof that applicant is |
not subject to such bonding
requirements, as in the case of an |
original license, but in case an
application for the renewal of |
an effective license is made during the
month of December, the |
effective license shall remain in force until the
application |
is granted or denied by the Secretary of State.
|
(i) All persons licensed as a new vehicle dealer are |
required to
furnish each purchaser of a motor vehicle:
|
1. In the case of a new vehicle a manufacturer's |
statement of origin
and in the case of a used motor vehicle |
a certificate of title, in
either case properly assigned to |
the purchaser;
|
2. A statement verified under oath that all identifying |
numbers on
the vehicle agree with those on the certificate |
of title or
manufacturer's statement of origin;
|
3. A bill of sale properly executed on behalf of such |
person;
|
4. A copy of the Uniform Invoice-transaction reporting |
return
referred to in Section 5-402 hereof;
|
5. In the case of a rebuilt vehicle, a copy of the |
Disclosure of Rebuilt
Vehicle Status; and
|
6. In the case of a vehicle for which the warranty has |
been reinstated, a
copy of the warranty.
|
(j) Except at the time of sale or repossession of the |
vehicle, no person
licensed as a new vehicle dealer may issue |
any other person a newly created
key to a vehicle unless the |
|
new vehicle dealer makes a copy of the driver's
license or |
State identification card of the person requesting or obtaining |
the
newly created key. The new vehicle dealer must retain the |
copy for 30 days.
|
A new vehicle dealer who violates this subsection (j) is |
guilty of a
petty offense. Violation of this subsection (j) is |
not cause to suspend,
revoke,
cancel, or deny renewal of the |
new vehicle dealer's license.
|
This amendatory Act of 1983 shall be applicable to the 1984 |
registration
year and thereafter.
|
(Source: P.A. 98-450, eff. 1-1-14; 99-78, eff. 7-20-15.)
|
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
|
Sec. 5-102. Used vehicle dealers must be licensed.
|
(a) No person, other than a licensed new vehicle dealer, |
shall engage in
the business of selling or dealing in, on |
consignment or otherwise, 5 or
more used vehicles of any make |
during the year (except house trailers as
authorized by |
paragraph (j) of this Section and rebuilt salvage vehicles
sold |
by their rebuilders to persons licensed under this Chapter), or |
act as
an intermediary, agent or broker for any licensed dealer |
or vehicle
purchaser (other than as a salesperson) or represent |
or advertise that he
is so engaged or intends to so engage in |
such business unless licensed to
do so by the Secretary of |
State under the provisions of this Section.
|
(b) An application for a used vehicle dealer's license |
|
shall be
filed with the Secretary of State, duly verified by |
oath, in such form
as the Secretary of State may by rule or |
regulation prescribe and shall
contain:
|
1. The name and type of business organization |
established and additional
places of business, if any, in |
this State.
|
2. If the applicant is a corporation, a list of its |
officers,
directors, and shareholders having a ten percent |
or greater ownership
interest in the corporation, setting |
forth the residence address of
each; if the applicant is a |
sole proprietorship, a partnership, an
unincorporated |
association, a trust, or any similar form of business
|
organization, the names and residence address of the |
proprietor or of
each partner, member, officer, director, |
trustee or manager.
|
3. A statement that the applicant has been approved for |
registration
under the Retailers' Occupation Tax Act by the |
Department of Revenue. However,
this requirement does not |
apply to a dealer who is already licensed
hereunder with |
the Secretary of State, and who is merely applying for a
|
renewal of his license. As evidence of this fact, the |
application shall be
accompanied by a certification from |
the Department of Revenue showing that
the Department has |
approved the applicant for registration under the
|
Retailers' Occupation Tax Act.
|
4. A statement that the applicant has complied with the |
|
appropriate
liability insurance requirement. A Certificate |
of Insurance in a solvent
company authorized to do business |
in the State of Illinois shall be included
with each |
application covering each location at which he proposes to |
act
as a used vehicle dealer. The policy must provide |
liability coverage in
the minimum amounts of $100,000 for |
bodily injury to, or death of, any person,
$300,000 for |
bodily injury to, or death of, two or more persons in any |
one
accident, and $50,000 for damage to property. Such |
policy shall expire
not sooner than December 31 of the year |
for which the license was issued
or renewed. The expiration |
of the insurance policy shall not terminate
the liability |
under the policy arising during the period for which the |
policy
was filed. Trailer and mobile home dealers are |
exempt from this requirement.
|
If the permitted user has a liability insurance policy |
that provides
automobile
liability insurance coverage of |
at least $100,000 for bodily injury to or the
death of any
|
person, $300,000 for bodily injury to or the death of any 2 |
or more persons in
any one
accident, and $50,000 for damage |
to property,
then the permitted user's insurer shall be the |
primary
insurer and the
dealer's insurer shall be the |
secondary insurer. If the permitted user does not
have a |
liability
insurance policy that provides automobile |
liability insurance coverage of at
least
$100,000 for |
bodily injury to or the death of any person, $300,000 for |
|
bodily
injury to or
the death of any 2 or more persons in |
any one accident, and $50,000 for damage
to
property, or |
does not have any insurance at all,
then the
dealer's
|
insurer shall be the primary insurer and the permitted |
user's insurer shall be
the secondary
insurer.
|
When a permitted user is "test driving" a used vehicle |
dealer's automobile,
the used vehicle dealer's insurance |
shall be primary and the permitted user's
insurance shall |
be secondary.
|
As used in this paragraph 4, a "permitted user" is a |
person who, with the
permission of the used vehicle dealer |
or an employee of the used vehicle
dealer, drives a vehicle |
owned and held for sale or lease by the used vehicle
dealer |
which the person is considering to purchase or lease, in |
order to
evaluate the performance, reliability, or |
condition of the vehicle.
The term "permitted user" also |
includes a person who, with the permission of
the used
|
vehicle dealer, drives a vehicle owned or held for sale or |
lease by the used
vehicle dealer
for loaner purposes while |
the user's vehicle is being repaired or evaluated.
|
As used in this paragraph 4, "test driving" occurs when |
a permitted user
who,
with the permission of the used |
vehicle dealer or an employee of the used
vehicle
dealer, |
drives a vehicle owned and held for sale or lease by a used |
vehicle
dealer that the person is considering to purchase |
or lease, in order to
evaluate the performance, |
|
reliability, or condition of the
vehicle.
|
As used in this paragraph 4, "loaner purposes" means |
when a person who,
with the permission of the used vehicle |
dealer, drives a vehicle owned or held
for sale or lease by |
the used vehicle dealer while the
user's vehicle is being |
repaired or evaluated.
|
5. An application for a used vehicle dealer's license |
shall be
accompanied by the following license fees:
|
(A) $1,000 for applicant's established place of |
business, and
$50 for
each additional place of |
business, if any, to which the application
pertains; |
however, if the application is made after June 15 of |
any
year, the license fee shall be $500 for applicant's |
established
place of
business plus $25 for each |
additional place of business, if any,
to
which the |
application pertains. License fees shall be returnable |
only in
the event that the application is denied by
the |
Secretary of State. Of the money received by the |
Secretary of State as
license fees under this |
subparagraph (A) for the 2004 licensing year and |
thereafter, 95%
shall be deposited into the General |
Revenue Fund.
|
(B) Except for dealers selling 25 or fewer |
automobiles or as provided in subsection (h) of Section |
5-102.7 of this Code, an Annual Dealer Recovery Fund |
Fee in the amount of $500 for the applicant's |
|
established place of business, and $50 for each |
additional place of business, if any, to which the |
application pertains; but if the application is made |
after June 15 of any year, the fee shall be $250 for |
the applicant's established place of business plus $25 |
for each additional place of business, if any, to which |
the application pertains. For a license renewal |
application, the fee shall be based on the amount of |
automobiles sold in the past year according to the |
following formula: |
(1) $0 for dealers selling 25 or less |
automobiles; |
(2) $150 for dealers selling more than 25 but |
less than 200 automobiles; |
(3) $300 for dealers selling 200 or more |
automobiles but less than 300 automobiles; and |
(4) $500 for dealers selling 300 or more |
automobiles. |
License fees shall be returnable only in the event |
that the application is denied by the Secretary of |
State. Moneys received under this subparagraph (B) |
shall be deposited into the Dealer Recovery Trust Fund. |
6. A statement that the applicant's officers, |
directors, shareholders
having a 10% or greater ownership |
interest therein, proprietor, partner,
member, officer, |
director, trustee, manager or other principals in the
|
|
business have not committed in the past 3 years any one |
violation as
determined in any civil, criminal or |
administrative proceedings of any one
of the following |
Acts:
|
(A) The Anti-Theft Laws of the Illinois Vehicle |
Code;
|
(B) The Certificate of Title Laws of the Illinois |
Vehicle Code;
|
(C) The Offenses against Registration and |
Certificates of Title
Laws of the Illinois Vehicle |
Code;
|
(D) The Dealers, Transporters, Wreckers and |
Rebuilders Laws of the
Illinois Vehicle Code;
|
(E) Section 21-2 of the Illinois Criminal Code of |
1961 or the Criminal Code of 2012, Criminal
Trespass to |
Vehicles; or
|
(F) The Retailers' Occupation Tax Act.
|
7. A statement that the applicant's officers, |
directors,
shareholders having a 10% or greater ownership |
interest therein,
proprietor, partner, member, officer, |
director, trustee, manager or
other principals in the |
business have not committed in any calendar year
3 or more |
violations, as determined in any civil or criminal or
|
administrative proceedings, of any one or more of the |
following Acts:
|
(A) The Consumer Finance Act;
|
|
(B) The Consumer Installment Loan Act;
|
(C) The Retail Installment Sales Act;
|
(D) The Motor Vehicle Retail Installment Sales |
Act;
|
(E) The Interest Act;
|
(F) The Illinois Wage Assignment Act;
|
(G) Part 8 of Article XII of the Code of Civil |
Procedure; or
|
(H) The Consumer Fraud Act.
|
8. A bond or Certificate of Deposit in the amount of |
$50,000 $20,000 for
each location at which the applicant |
intends to act as a used vehicle
dealer. The bond shall be |
for the term of the license, or its renewal, for
which |
application is made, and shall expire not sooner than |
December 31 of
the year for which the license was issued or |
renewed. The bond shall run
to the People of the State of |
Illinois, with surety by a bonding or
insurance company |
authorized to do business in this State. It shall be
|
conditioned upon the proper transmittal of all title and |
registration fees
and taxes (excluding taxes under the |
Retailers' Occupation Tax Act) accepted
by the applicant as |
a used vehicle dealer.
|
9. Such other information concerning the business of |
the applicant as
the Secretary of State may by rule or |
regulation prescribe.
|
10. A statement that the applicant understands Chapter |
|
1 through
Chapter 5 of this Code.
|
11. A copy of the certification from the prelicensing |
education
program. |
(c) Any change which renders no longer accurate any |
information
contained in any application for a used vehicle |
dealer's license shall
be amended within 30 days after the |
occurrence of each change on such
form as the Secretary of |
State may prescribe by rule or regulation,
accompanied by an |
amendatory fee of $2.
|
(d) Anything in this Chapter to the contrary |
notwithstanding, no
person shall be licensed as a used vehicle |
dealer unless such person
maintains an established place of |
business as
defined in this Chapter.
|
(e) The Secretary of State shall, within a reasonable time |
after
receipt, examine an application submitted to him under |
this Section.
Unless the Secretary makes a determination that |
the application
submitted to him does not conform to this |
Section or that grounds exist
for a denial of the application |
under Section 5-501 of this Chapter, he
must grant the |
applicant an original used vehicle dealer's license in
writing |
for his established place of business and a supplemental |
license
in writing for each additional place of business in |
such form as he may
prescribe by rule or regulation which shall |
include the following:
|
1. The name of the person licensed;
|
2. If a corporation, the name and address of its |
|
officers or if a
sole proprietorship, a partnership, an |
unincorporated association or any
similar form of business |
organization, the name and address of the
proprietor or of |
each partner, member, officer, director, trustee or
|
manager;
|
3. In case of an original license, the established |
place of business
of the licensee;
|
4. In the case of a supplemental license, the |
established place of
business of the licensee and the |
additional place of business to which such
supplemental |
license pertains.
|
(f) The appropriate instrument evidencing the license or a |
certified
copy thereof, provided by the Secretary of State |
shall be kept posted,
conspicuously, in the established place |
of business of the licensee and
in each additional place of |
business, if any, maintained by such
licensee.
|
(g) Except as provided in subsection (h) of this Section, |
all used
vehicle dealer's licenses granted under this Section |
expire by operation
of law on December 31 of the calendar year |
for which they are granted
unless sooner revoked or cancelled |
under Section 5-501 of this Chapter.
|
(h) A used vehicle dealer's license may be renewed upon |
application
and payment of the fee required herein, and |
submission of proof of
coverage by an approved bond under the |
"Retailers' Occupation Tax Act"
or proof that applicant is not |
subject to such bonding requirements, as
in the case of an |
|
original license, but in case an application for the
renewal of |
an effective license is made during the month of December,
the |
effective license shall remain in force until the application |
for
renewal is granted or denied by the Secretary of State.
|
(i) All persons licensed as a used vehicle dealer are |
required to
furnish each purchaser of a motor vehicle:
|
1. A certificate of title properly assigned to the |
purchaser;
|
2. A statement verified under oath that all identifying |
numbers on
the vehicle agree with those on the certificate |
of title;
|
3. A bill of sale properly executed on behalf of such |
person;
|
4. A copy of the Uniform Invoice-transaction reporting |
return
referred to in Section 5-402 of this Chapter;
|
5. In the case of a rebuilt vehicle, a copy of the |
Disclosure of Rebuilt
Vehicle Status; and
|
6. In the case of a vehicle for which the warranty has |
been reinstated, a
copy of the warranty.
|
(j) A real estate broker holding a valid certificate of |
registration issued
pursuant to "The Real Estate Brokers and |
Salesmen License Act" may engage
in the business of selling or |
dealing in house trailers not his own without
being licensed as |
a used vehicle dealer under this Section; however such
broker |
shall maintain a record of the transaction including the |
following:
|
|
(1) the name and address of the buyer and seller,
|
(2) the date of sale,
|
(3) a description of the mobile home, including the |
vehicle identification
number, make, model, and year, and
|
(4) the Illinois certificate of title number.
|
The foregoing records shall be available for inspection by |
any officer
of the Secretary of State's Office at any |
reasonable hour.
|
(k) Except at the time of sale or repossession of the |
vehicle, no
person licensed as a used vehicle dealer may issue |
any other person a newly
created key to a vehicle unless the |
used vehicle dealer makes a copy of the
driver's license or |
State identification card of the person requesting or
obtaining |
the newly created key. The used vehicle dealer must retain the
|
copy for 30 days.
|
A used vehicle dealer who violates this subsection (k) is |
guilty of a
petty offense. Violation of this subsection (k) is |
not cause to suspend,
revoke, cancel, or deny renewal of the |
used vehicle dealer's license. |
(l) Used vehicle dealers licensed under this Section shall |
provide the Secretary of State a register for the sale at |
auction of each salvage or junk certificate vehicle. Each |
register shall include the following information: |
1. The year, make, model, style and color of the |
vehicle; |
2. The vehicle's manufacturer's identification number |
|
or, if applicable, the Secretary of State or Illinois |
Department of State Police identification number; |
3. The date of acquisition of the vehicle; |
4. The name and address of the person from whom the |
vehicle was acquired; |
5. The name and address of the person to whom any |
vehicle was disposed, the person's Illinois license number |
or if the person is an out-of-state salvage vehicle buyer, |
the license number from the state or jurisdiction where the |
buyer is licensed; and |
6. The purchase price of the vehicle. |
The register shall be submitted to the Secretary of State |
via written or electronic means within 10 calendar days from |
the date of the auction.
|
(Source: P.A. 98-450, eff. 1-1-14; 99-78, eff. 7-20-15.)
|
"(625 ILCS 5/5-107) (from Ch. 95 1/2, par. 5-107)
|
Sec. 5-107. Bond exemption. The following persons shall be |
exempt from
the bond required
in Sections 5-101 and 5-102: (1) |
Any person who has been
continuously
licensed under Section |
5-101 or 5-102 since calendar year
1983; (2) any licensee who |
as determined by the Secretary of State, has
faithfully and |
continuously complied with conditions of the bond
requirement |
for a period of 60 36 consecutive months after the effective |
date of this amendatory Act of the 100th General Assembly.
|
This exemption shall continue for each licensee until such |
|
time as he may
be determined by the Secretary of State to be |
delinquent or deficient in
the transmittal of title and |
registration fees or taxes.
|
This amendatory Act of 1983 shall be applicable to the 1984 |
registration
year and thereafter.
|
A person whose license is cancelled due to the voluntary |
surrender of
such license, who applies for a new license for |
the same license year or
one license year after the license |
year of the cancelled license, will
remain exempt under |
paragraph (1) above if the only break in the continuous
|
licensure is caused by the cancellation due to the voluntary |
surrender of
the license.
|
(Source: P.A. 88-158; 88-520.)
|
(625 ILCS 5/5-503) (from Ch. 95 1/2, par. 5-503)
|
Sec. 5-503.
Failure to obtain dealer's license, operation |
of a business
with a suspended or revoked license. (a) Any |
person operating a business
for which he is required to be |
licensed under Section 5-101, 5-101.2, 5-102, 5-201
or 5-301 |
who fails to apply for such a license or licenses within 15 |
days
after being informed in writing by the Secretary of State |
that he must obtain
such a license or licenses is subject to a |
civil action brought by the
Secretary of State for operating a |
business without a license in the
circuit court in the county |
in which the business is located. If the
person is found to be |
in violation of Section 5-101, 5-101.2, 5-102, 5-201 or 5-301
|
|
by carrying on a business without being properly licensed, that |
person
shall be fined $300 for each business day he conducted |
his business without
such a license after the expiration of the |
15 day period specified in this
subsection (a).
|
(b) Any person who, having had his license or licenses |
issued under Section
5-101, 5-101.2, 5-102, 5-201 or 5-301 |
suspended, revoked, cancelled or denied by the
Secretary of |
State under Section 5-501, continues to operate business after
|
the effective date of such revocation, suspension, |
cancellation or denial
may be sued in a civil action by the |
Secretary of State in the county in
which the established or |
additional place of such business is located. If
such person is |
found by the court to have operated such a business after
the |
license or licenses required for conducting such
business have |
been suspended, revoked, cancelled or denied, that person
shall |
be fined $500 for each day he conducted business thereafter.
|
(Source: P.A. 86-444.)
|
(625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
|
Sec. 6-305. Renting motor vehicle to another.
|
(a) No person shall rent a motor vehicle to any other |
person unless the
latter person, or a driver designated by a |
nondriver with disabilities and
meeting any minimum age and |
driver's record requirements that are uniformly
applied by the |
person renting a motor vehicle, is then duly licensed
hereunder |
or, in the case of a
nonresident, then duly licensed under the |
|
laws of the State or country of
his residence unless the State |
or country of his residence does not require
that a driver be |
licensed.
|
(b) No person shall rent a motor vehicle to another until |
he has
inspected the drivers license of the person to whom the |
vehicle is to be
rented, or by whom it is to be driven, and |
compared and verified the
signature thereon with the signature
|
of such person written in his presence unless, in the case of a
|
nonresident, the State or country wherein the nonresident |
resides does not
require that a driver be licensed.
|
(c) No person shall rent a motorcycle to another unless the |
latter
person is then duly licensed hereunder as a motorcycle |
operator, and in the
case of a nonresident, then duly licensed |
under the laws of the State or
country of his residence, unless |
the State or country of his residence does
not require that a |
driver be licensed. |
(c-1) A rental car company that rents a motor vehicle shall |
ensure that the renter is provided with an emergency telephone |
number to personnel capable of fielding roadside assistance and |
other customer service inquiries, including the ability to |
provide the caller with the telephone number of the location |
from which the vehicle was rented, if requested by the caller. |
If an owner's manual is not available in the vehicle at the |
time of the rental, an owner's manual for that vehicle or a |
similar model shall be accessible by the personnel answering |
the emergency telephone number for assistance with inquiries |
|
about the operation of the vehicle.
|
(d) (Blank).
|
(e) (Blank).
|
(f) Subject to subsection (l), any person who rents a motor |
vehicle to another shall only
advertise, quote, and charge a |
rental rate that includes the entire amount
except taxes, a |
mileage charge, and airport concession charge, if any, which a |
renter must pay to hire
or lease the vehicle for the period of |
time to which the rental rate
applies.
The person must provide, |
on the request of the renter, based on the
available |
information, an estimated total of the daily rental rate,
|
including all applicable taxes, fees, and other charges, or an
|
estimated total rental charge, based on the return date of the |
vehicle
noted on the rental agreement. Further, if the rental |
agreement does
not already provide an estimated total rental |
charge, the following
statement must be included in the rental |
agreement:
|
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
|
AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL |
RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN |
ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN |
DATE NOTED ON
THIS AGREEMENT."
|
Such person shall not charge in addition to the rental |
rate,
taxes, mileage charge, and airport concession charge, if |
any, any fee which must be paid by the renter
as a condition of |
hiring or leasing the vehicle, such as, but not limited
to, |
|
required fuel or airport surcharges, nor any fee for |
transporting the
renter to the location where the rented |
vehicle will be delivered to the
renter. In addition to the |
rental rate, taxes, mileage charge, and airport concession |
charge, if any,
such person may charge for an item or service |
provided in connection with a
particular rental transaction if |
the renter can avoid incurring the charge by
choosing not to |
obtain or utilize the optional item or service. Items and
|
services for which such person may impose an additional charge |
include, but are
not limited to, optional insurance and |
accessories requested by the renter,
service charges incident |
to the renter's optional return of the vehicle to
a location |
other than the location where the vehicle was hired or leased,
|
and charges for refueling the vehicle at the conclusion of the |
rental
transaction in the event the renter did not return the |
vehicle with as much
fuel as was in the fuel tank at the |
beginning of the rental. "Airport concession charge" means a |
charge or fee imposed and collected from a renter to reimburse |
the motor vehicle rental company for the concession fee it is |
required to pay to a local government corporate authority or |
airport authority to rent motor vehicles at the airport |
facility. The airport concession charge is in addition to any |
customer facility charge or any other charge.
|
(g) Every person renting a motor vehicle to another shall |
keep a record
of the registration number of the motor vehicle |
so rented, the name and
address of the person to whom the |
|
vehicle is rented, the number of the
license, if any, of said |
latter person, and the date and place when and
where the |
license, if any, was issued. Such record shall be open
to
|
inspection by any police officer or designated agent of the |
Secretary of
State.
|
(h) A person licensed as a new car dealer under Section |
5-101 of this
Code shall not be subject to the provisions of |
this Section regarding the
rental of private passenger motor |
vehicles when providing, free of charge,
temporary substitute |
vehicles for customers to operate during a period when
a |
customer's vehicle, which is either leased or owned by that |
customer, is
being repaired, serviced, replaced or otherwise |
made unavailable to the
customer in accordance with an |
agreement with the licensed new car dealer
or vehicle |
manufacturer, so long as the customer orally or in writing is
|
made aware that the temporary substitute vehicle will be |
covered by his or
her
insurance policy and the customer shall |
only be liable to the extent of any
amount deductible from such |
insurance coverage in accordance with the terms
of the policy.
|
(i) This Section, except the requirements of subsection |
(g), also applies
to rental agreements of 30 continuous days or |
less involving a motor
vehicle that was delivered by an out of |
State person or business to a
renter in this State.
|
(j) A public airport
may, if approved by its local |
government corporate authorities or its airport
authority, |
impose a customer facility charge upon customers of rental car
|
|
companies for the purposes of financing, designing, |
constructing,
operating, and maintaining consolidated car |
rental facilities and common
use transportation equipment and
|
facilities,
which are used to transport the customer, |
connecting consolidated
car rental facilities with other |
airport facilities.
|
Notwithstanding
subsection (f) of this
Section, the |
customer facility charge shall
be collected by the rental car |
company as a separate charge, and clearly
indicated as
a |
separate charge
on the rental agreement and invoice.
Facility |
charges shall be immediately deposited into a trust account
for |
the benefit of the airport and
remitted at the direction of the |
airport, but
not more often than once per month.
The charge |
shall be uniformly calculated on a per-contract or per-day
|
basis.
Facility charges imposed by the airport may not exceed |
the reasonable
costs of financing, designing, constructing, |
operating, and maintaining the
consolidated car rental |
facilities and common use transportation equipment and
|
facilities and may not be used for any other purpose.
|
Notwithstanding any other provision of law, the charges |
collected
under
this Section are not subject to retailer |
occupation, sales,
use,
or transaction taxes.
|
(k) When a rental car company states a rental rate in any |
of its rate
advertisements, its proprietary computer
|
reservation systems, or its in-person quotations
intended to |
apply to
an airport rental, a company that collects from its |
|
customers a customer
facility charge for that rental under |
subsection (j) shall do all of the
following:
|
(1) Clearly and conspicuously disclose in any radio, |
television, or other
electronic media advertisements the |
existence and
amount of the charge if the advertisement is |
intended for rentals at an airport
imposing the charge or, |
if the
advertisement covers an area with multiple airports |
with different charges, a
range of amounts of customer |
facility charges if the advertisement is intended
for |
rentals at an airport imposing the charge.
|
(2) Clearly and conspicuously disclose in any print |
rate advertising the
existence and
amount of the charge if |
the advertisement is intended for rentals at an airport
|
imposing the charge or, if the print rate advertisement |
covers an area with
multiple
airports with different |
charges, a range of amounts of customer facility
charges if |
the advertisement is intended for rentals at an airport |
imposing the
charge.
|
(3) Clearly and conspicuously disclose the existence |
and
amount of the charge in any telephonic, in-person, or |
computer-transmitted
quotation from the rental car |
company's proprietary computer reservation system
at the |
time of making an initial quotation of a
rental rate if the |
quotation is made by a rental car company location at an
|
airport imposing the charge and at the time of making a |
reservation of a rental
car if the reservation is made by a |
|
rental car company location at an airport
imposing the |
charge.
|
(4) Clearly and conspicuously display the charge in any |
proprietary
computer-assisted
reservation or transaction |
directly between the rental car company and the
customer,
|
shown or referenced on the
same page on the computer screen |
viewed by the customer as the
displayed rental rate and in |
a print size not smaller than the print size of
the rental |
rate.
|
(5) Clearly and conspicuously disclose
and separately |
identify the existence and amount of the charge on its |
rental
agreement.
|
(6) A rental car company that collects from its |
customers a customer
facility charge under subsection (j) |
and engages in a practice which does not
comply with
|
subsections (f), (j), and (k) commits an unlawful
practice |
within the meaning of the Consumer Fraud and Deceptive |
Business
Practices Act.
|
(l) Notwithstanding subsection (f), any person who rents a |
motor vehicle to another may, in connection with the rental of |
a motor vehicle to (i) a business renter or (ii) a business |
program sponsor under the sponsor's business program, do the |
following: |
(1) separately quote, by telephone, in person, or by |
computer transmission, additional charges for the rental; |
and |
|
(2) separately impose additional charges for the |
rental. |
(l-5) A person licensed under Section 5-101, 5-101.2, or |
5-102 of this Code shall not participate in a rental-purchase |
agreement vehicle program unless the licensee retains the |
vehicle in his or her name and retains proof of proper vehicle |
registration under Chapter 3 of this Code and liability |
insurance under Section 7-601 of this Code. The licensee shall |
transfer ownership of the vehicle to the renter within 20 |
calendar days of the agreed-upon date of completion of the |
rental-purchase agreement. If the licensee fails to transfer |
ownership of the vehicle to the renter within the 20 calendar |
days, then the renter may apply for the vehicle's title to the |
Secretary of State by providing the Secretary the |
rental-purchase agreement, an application for title, the |
required title fee, and any other documentation the Secretary |
deems necessary to determine ownership of the vehicle. For |
purposes of this subsection (l-5), "rental-purchase agreement" |
has the meaning set forth in Section 1 of the Rental-Purchase |
Agreement Act. |
(m) As used in this Section: |
(1) "Additional charges" means charges other than: (i) |
a per period base rental rate; (ii) a mileage charge; (iii) |
taxes; or (iv) a customer facility charge. |
(2) "Business program" means: |
(A) a contract between a person who rents motor |
|
vehicles and a business program sponsor that |
establishes rental rates at which the person will rent |
motor vehicles to persons authorized by the sponsor; or |
(B) a plan, program, or other arrangement |
established by a person who rents motor vehicles at the |
request of, or with the consent of, a business program |
sponsor under which the person offers to rent motor |
vehicles to persons authorized by the sponsor on terms |
that are not the same as those generally offered by the |
rental company to the public. |
(3) "Business program sponsor" means any legal entity |
other than a natural person, including a corporation, |
limited liability company, partnership, government, |
municipality or agency, or a natural person operating a |
business as a sole proprietor. |
(4) "Business renter" means any person renting a motor |
vehicle for business purposes or, for any business program |
sponsor, a person who is authorized by the sponsor to enter |
into a rental contract under the sponsor's business |
program. "Business renter" does not include a person |
renting as: |
(A) a non-employee member of a not-for-profit |
organization; |
(B) the purchaser of a voucher or other prepaid |
rental arrangement from a person, including a tour |
operator, engaged in the business of reselling those |
|
vouchers or prepaid rental arrangements to the general |
public; |
(C) an individual whose car rental is eligible for |
reimbursement in whole or in part as a result of the |
person being insured or provided coverage under a |
policy of insurance issued by an insurance company; or |
(D) an individual whose car rental is eligible for |
reimbursement in whole or in part as a result of the |
person purchasing motor vehicle repair services from a |
person licensed to perform those services.
|
(Source: P.A. 97-595, eff. 8-26-11.)
|
Section 99. Effective date. This Act takes effect January |
1, 2018.
|
| |
INDEX
| |
Statutes amended in order of appearance
|
|
