Bill Text: IL SB1702 | 2015-2016 | 99th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Requires dealers of manufactured homes and community-based manufactured homes to be licensed in this State for the purpose of selling manufactured homes. Provides that an application for a manufactured home dealer's license or a community-based manufactured home dealer's license shall be filed with the Secretary of State, duly verified by oath on a form prescribed by the Secretary, and shall contain certain required information concerning the dealer's business and the fees to be paid for the license. Requires the Secretary to grant the manufactured home or community-based manufactured home dealer's license in writing within a reasonable period of time after receipt of the application for the license, if the license application meets the proper requirements. Provides that the instrument evidencing the license, or a certified copy of the instrument, shall be posted in the established place of business of the dealer. Provides that dealer's licenses shall expire on December 31 of the calendar year for which they are granted, unless sooner revoked or cancelled. Defines the terms, "community-based manufactured home dealer", "established place of business", "manufactured home", and "supplemental license".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2015-09-24 - Bill Dead - Amendatory Veto [SB1702 Detail]

Download: Illinois-2015-SB1702-Engrossed.html

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SB1702 Engrossed LRB099 09046 RJF 29234 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 5-401.2 and by adding Section 5-101.2 as follows:
(625 ILCS 5/5-101.2 new)
Sec. 5-101.2. Manufactured home dealers; licensing.
(a) For the purposes of this Section, the following words
shall have the meanings ascribed to them as follows:
"Community-based manufactured home dealer" means an
individual or entity that operates a tract of land or 2 or
more contiguous tracts of land which contain sites with the
necessary utilities for 5 or more independent manufactured
homes for permanent habitation, either free of charge or
for revenue purposes, and shall include any building,
structure, vehicle, or enclosure used or intended for use
as a part of the equipment of the manufactured home park
who may, incidental to the operation of the manufactured
home community, sell, trade, or buy a manufactured home or
park model that is located within the manufactured home
community or is located in a different manufactured home
community that is owned or managed by the community-based
manufactured home dealer.

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"Established place of business" means the place owned
or leased and occupied by any person duly licensed or
required to be licensed as a manufactured home dealer or a
community-based manufactured home dealer for the purpose
of engaging in selling, buying, bartering, displaying,
exchanging, or dealing in, on consignment or otherwise,
manufactured homes or park models and for such other
ancillary purposes as may be permitted by the Secretary by
rule. An established place of business shall include a
single or central office in which the manufactured home
dealer's or community-based manufactured home dealer's
records shall be separate and distinct from any other
business or tenant which may occupy space in the same
building, except as provided in this Section, and the
office shall not be located in a tent, temporary stand,
temporary address, room or rooms in a hotel or rooming
house, nor the premises occupied by a single or multiple
unit residence, unless the multiple unit residence has a
separate and distinct office.
"Manufactured home" means a factory assembled
structure built on a permanent chassis, transportable in
one or more sections in the travel mode, incapable of
self-propulsion, and bears a label indicating the
manufacturer's compliance with the United States
Department of Housing and Urban Development standards, as
applicable, that is without a permanent foundation and is

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designed for year round occupancy as a single-family
residence when connected to approved water, sewer, and
electrical utilities.
"Manufactured home dealer" means an individual or
entity that engages in the business of acquiring or
disposing of a manufactured home or park model, either a
new manufactured home or park model, pursuant to a
franchise agreement with a manufacturer, or used
manufactured homes or park models, and who has an
established place of business that is not in a residential
community-based setting.
"Park model" means a vehicle that is incapable of
self-propulsion that is less than 400 square feet of
habitable space that is built to American National
Standards Institute (ANSI) standards that prohibits
occupancy on a permanent basis and is built on a vehicle
chassis.
"Supplemental license" means a license that a
community-based manufactured home dealer receives and
displays at locations in which the licensee is authorized
to sell, buy, barter, display, exchange, or deal in, on
consignment or otherwise, manufactured homes or park
models, but is not the established place of business of the
licensee.
(b) No person shall engage in this State in the business of
selling or dealing in, on consignment or otherwise,

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manufactured homes or park models of any make, or act as an
intermediary, agent, or broker for any manufactured home or
park model purchaser, other than as a salesperson or to
represent or advertise that he or she is so engaged, or intends
to so engage, in the business, unless licensed to do so by the
Secretary of State under the provisions of this Section.
(c) An application for a manufactured home dealer's license
or a community-based manufactured home dealer's license shall
be filed with the Secretary of State and duly verified by oath,
on such form as the Secretary of State may by rule prescribe
and shall contain all of the following:
(1) The name and type of business organization of the
applicant, and his or her 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 10% or
greater ownership interest in the corporation. If the
applicant is a sole proprietorship, a partnership, a
limited liability company, an unincorporated association,
a trust, or any similar form of business organization, the
name and residence address of the proprietor, or the name
and residence address of each partner, member, officer,
director, trustee, or manager.
(3) The make or makes of new manufactured homes or park
models that the applicant will offer for sale at retail in
the State.

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(4) The name of each manufacturer or franchised
distributor, if any, of new manufactured homes or park
models with whom the applicant has contracted for the sale
of new manufactured homes or park models. As evidence of
this fact, the application shall be accompanied by a signed
statement from each manufacturer or franchised
distributor.
(5) A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act by
the Department of Revenue, provided that this requirement
does not apply to a manufactured home dealer who is already
licensed with the Secretary of State, and who is merely
applying for a renewal of his or her 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.
(6) An application for:
(A) a manufactured home dealer's license, when the
applicant is selling new manufactured homes or park
models on behalf of a manufacturer of manufactured
homes or park models, or 5 or more used manufactured
homes or park models during the calendar year, shall be
accompanied by a $1,000 license fee for the applicant's
established place of business, and $100 for each
additional place of business, if any, to which the

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application pertains. If the application is made after
June 15 in any year, the license fee shall be $500 for
the applicant's established place of business, and $50
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; or
(B) a community-based manufactured home dealer's
license, when the applicant is selling 5 or more
manufactured homes during the calendar year not on
behalf of a manufacturer of manufactured homes, but
within a community setting, shall be accompanied by a
license fee 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. If
the application is made after June 15 in any year, the
license fee shall be $250 for the applicant's
established place of business, and $50 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 monies received by the Secretary of State as
license fees under this paragraph (6), 95% shall be
deposited into the General Revenue Fund and 5% into the
Motor Vehicle License Plate Fund.

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(7) A statement that the applicant's officers,
directors, and 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
administrative hearing proceeding, 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 Criminal Code of 2012
(criminal trespass to vehicles);
(F) the Retailers Occupation Tax Act;
(G) the Consumer Finance Act;
(H) the Consumer Installment Loan Act;
(I) the Retail Installment Sales Act;
(J) the Motor Vehicle Retail Installment Sales
Act;
(K) the Interest Act;

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(L) the Illinois Wage Assignment Act;
(M) Part 8 of Article XII of the Code of Civil
Procedure; or
(N) the Consumer Fraud Act.
(8) A statement that the applicant's officers,
directors, and 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 been convicted in any calendar
year, as determined in any criminal proceeding, of a
forcible felony under the Criminal Code of 1961, the
Criminal Code of 2012, or a similar out-of-state offense.
For the purposes of this paragraph, "forcible felony" has
the meaning as defined in Section 2-8 of the Criminal Code
of 2012.
(9) A bond or certificate of deposit in the amount of
$20,000 for each license holder applicant intending to act
as a manufactured home dealer or community-based
manufactured home dealer under this Section. The bond shall
be for the term of the license, for which application is
made, and shall expire not sooner than December 31 of the
year for which the license was issued. 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

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(excluding taxes under the Retailers' Occupation Tax Act)
accepted by the applicant as a manufactured home dealer.
(10) Dealers in business for over 5 years may
substitute a certificate of insurance in lieu of the bond
or certificate of deposit upon renewing their license.
(11) Any other information concerning the business of
the applicant as the Secretary of State may by rule
prescribe.
(12) A statement that the applicant has read and
understands Chapters 1 through 5 of this Code.
(d) Any change which renders no longer accurate any
information contained in any application for a license under
this Section shall be amended within 30 days after the
occurrence of the change on a form the Secretary of State may
prescribe, by rule, accompanied by an amendatory fee of $25.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him or her
under this Section, and unless he or she makes a determination
that the application submitted to him or her 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 initial manufactured home
dealer's license or a community-based manufactured home
dealer's license in writing for his or her established place of
business and a supplemental license in writing for each
additional place of business in a form the Secretary may

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prescribe by rule, which shall include the following:
(1) the name of the person or entity licensed;
(2) if a corporation, the name and address of its
officers; if a sole proprietorship, a partnership, an
unincorporated association, or any similar form of
business organization, the name and address of the
proprietor, or the name and address of each partner,
member, officer, director, trustee or manager; or if a
limited liability company, the name and address of the
general partner or partners, or managing member or members;
(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 the supplemental
license pertains; and
(5) if applicable, the make or makes of new
manufactured homes or park models to which a manufactured
home dealer is licensed to sell.
(f) The appropriate instrument evidencing the license or a
certified copy of the instrument, 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 the licensee, unless the
licensee is a community-based manufactured home dealer, then
the license shall be posted in the community-based manufactured

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home dealer's central office and it shall include a list of the
other locations that the community-based manufactured home
dealer may oversee.
(g) Except as provided in subsection (i) of this Section,
all licenses granted under this Section shall expire by
operation of law on December 31 of the calendar year for which
the licenses were granted, unless sooner revoked or cancelled
under the provisions of Section 5-501 of this Chapter.
(h) All persons licensed as a manufactured home dealer or a
community-based manufactured home dealer are required to
furnish each purchaser of a manufactured home or park model:
(1) in the case of a new manufactured home or park
model, a manufacturer's statement of origin, and in the
case of a previously owned manufactured home or park model,
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 match the identifying
numbers on the certificate of title or manufacturer's
statement of origin;
(3) a bill of sale properly executed on behalf of the
purchaser;
(4) a copy of the Uniform Invoice-transaction
reporting return form referred to in Section 5-402; and
(5) for a new manufactured home or park model, a
warranty, and in the case of a manufactured home or park

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model for which the warranty has been reinstated, a copy of
the warranty; if no warranty is provided, a disclosure or
statement that the manufactured home or park model is being
sold "AS IS".
(i) This Section shall not apply to a (i) seller who
privately owns his or her manufactured home or park model as
his or her main residence and is selling the manufactured home
or park model to another individual or to a licensee; (ii) a
retailer or entity licensed under either Section 5-101 or 5-102
of this Code; or (iii) an individual or entity licensed to sell
truck campers, travel trailers, motor homes, or mini motor
homes as defined by this Code. Any vehicle not covered by this
Section that requires an individual or entity to obtain a
license to sell 5 or more vehicles must obtain a license under
the relevant provisions of this Code.
(j) This Section shall not apply to any person licensed
under the Real Estate License Act of 2000.
(k) The Secretary of State may adopt any rules necessary to
implement this Section.
(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
Sec. 5-401.2. Licensees required to keep records and make
inspections.
(a) Every person licensed or required to be licensed under
Section 5-101, 5-101.1, 5-101.2, 5-102, 5-301 or 5-302 of this
Code, shall, with the exception of scrap processors, maintain

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for 3 years, in a form as the Secretary of State may by rule or
regulation prescribe, at his established place of business,
additional place of business, or principal place of business if
licensed under Section 5-302, the following records relating to
the acquisition or disposition of vehicles and their essential
parts possessed in this State, brought into this State from
another state, territory or country, or sold or transferred to
another person in this State or in another state, territory, or
country.
(1) The following records pertaining to new or used
vehicles shall be kept:
(A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or
Illinois Department of State Police identification
number;
(C) the date of acquisition of the vehicle;
(D) the name and address of the person from whom
the vehicle was acquired and, if that person is a
dealer, the Illinois or out-of-state dealer license
number of such person;
(E) the signature of the person making the
inspection of a used vehicle as required under
subsection (d) of this Section, if applicable;
(F) the purchase price of the vehicle, if

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applicable;
(G) the date of the disposition of the vehicle;
(H) the name and address of the person to whom any
vehicle was disposed, and if that person is a dealer,
the Illinois or out-of-State dealer's license number
of that dealer;
(I) the uniform invoice number reflecting the
disposition of the vehicle, if applicable; and
(J) The sale price of the vehicle, if applicable.
(2) (A) The following records pertaining to used
essential parts other than quarter panels and
transmissions of vehicles of the first division shall be
kept:
(i) the year, make, model, color and type of such
part;
(ii) the vehicle's manufacturer's identification
number, derivative number, or, if applicable, the
Secretary of State or Illinois Department of State
Police identification number of such part;
(iii) the date of the acquisition of each part;
(iv) the name and address of the person from whom
the part was acquired and, if that person is a dealer,
the Illinois or out-of-state dealer license number of
such person; if the essential part being acquired is
from a person other than a dealer, the licensee shall
verify and record that person's identity by recording

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the identification numbers from at least two sources of
identification, one of which shall be a drivers license
or State identification card;
(v) the uniform invoice number or out-of-state
bill of sale number reflecting the acquisition of such
part;
(vi) the stock number assigned to the essential
part by the licensee, if applicable;
(vii) the date of the disposition of such part;
(viii) the name and address of the person to whom
such part was disposed of and, if that person is a
dealer, the Illinois or out-of-state dealer license
number of that person;
(ix) the uniform invoice number reflecting the
disposition of such part.
(B) Inspections of all essential parts shall be
conducted in accordance with Section 5-402.1.
(C) A separate entry containing all of the information
required to be recorded in subparagraph (A) of paragraph
(2) of subsection (a) of this Section shall be made for
each separate essential part. Separate entries shall be
made regardless of whether the part was a large purchase
acquisition. In addition, a separate entry shall be made
for each part acquired for immediate sale or transfer, or
for placement into the overall inventory or stock to be
disposed of at a later time, or for use on a vehicle to be

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materially altered by the licensee, or acquired for any
other purpose or reason. Failure to make a separate entry
for each essential part acquired or disposed of, or a
failure to record any of the specific information required
to be recorded concerning the acquisition or disposition of
each essential part as set forth in subparagraph (A) of
paragraph (2) of subsection (a) shall constitute a failure
to keep records.
(D) The vehicle's manufacturer's identification number
or Secretary of State or Illinois Department of State
Police identification number for the essential part shall
be ascertained and recorded even if such part is acquired
from a person or dealer located in a State, territory, or
country which does not require that such information be
recorded. If the vehicle's manufacturer's identification
number or Secretary of State or Illinois Department of
State Police identification number for an essential part
cannot be obtained, that part shall not be acquired by the
licensee or any of his agents or employees. If such part or
parts were physically acquired by the licensee or any of
his agents or employees while the licensee or agent or
employee was outside this State, that licensee or agent or
employee was outside the State, that licensee, agent or
employee shall not bring such essential part into this
State or cause it to be brought into this State. The
acquisition or disposition of an essential part by a

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licensee without the recording of the vehicle
identification number or Secretary of State identification
number for such part or the transportation into the State
by the licensee or his agent or employee of such part or
parts shall constitute a failure to keep records.
(E) The records of essential parts required to be kept
by this Section shall apply to all hulks, chassis, frames
or cowls, regardless of the age of those essential parts.
The records required to be kept by this Section for
essential parts other than hulks, chassis, frames or cowls,
shall apply only to those essential parts which are 6 model
years of age or newer. In determining the model year of
such an essential part it may be presumed that the
identification number of the vehicle from which the
essential part came or the identification number affixed to
the essential part itself acquired by the licensee denotes
the model year of that essential part. This presumption,
however, shall not apply if the gross appearance of the
essential part does not correspond to the year, make or
model of either the identification number of the vehicle
from which the essential part is alleged to have come or
the identification number which is affixed to the essential
part itself. To determine whether an essential part is 6
years of age or newer within this paragraph, the model year
of the essential part shall be subtracted from the calendar
year in which the essential part is acquired or disposed of

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by the licensee. If the remainder is 6 or less, the record
of the acquisition or disposition of that essential part
shall be kept as required by this Section.
(F) The requirements of paragraph (2) of subsection (a)
of this Section shall not apply to the disposition of an
essential part other than a cowl which has been damaged or
altered to a state in which it can no longer be returned to
a usable condition and which is being sold or transferred
to a scrap processor or for delivery to a scrap processor.
(3) the following records for vehicles on which junking
certificates are obtained shall be kept:
(A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
Department of State Police identification number;
(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the
vehicle was acquired and, if that person is a dealer, the
Illinois or out-of-state dealer license number of that
person;
(E) the certificate of title number or salvage
certificate number for the vehicle, if applicable;
(F) the junking certificate number obtained by the
licensee; this entry shall be recorded at the close of
business of the fifth business day after receiving the

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junking certificate;
(G) the name and address of the person to whom the
junking certificate has been assigned, if applicable, and
if that person is a dealer, the Illinois or out-of-state
dealer license number of that dealer;
(H) if the vehicle or any part of the vehicle is
dismantled for its parts to be disposed of in any way, or
if such parts are to be used by the licensee to materially
alter a vehicle, those essential parts shall be recorded
and the entries required by paragraph (2) of subsection (a)
shall be made.
(4) The following records for rebuilt vehicles shall be
kept:
(A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification number
of the vehicle or, if applicable, the Secretary of State or
Illinois Department of State Police identification number;
(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the
vehicle was acquired, and if that person is a dealer, the
Illinois or out-of-state dealer license number of that
person;
(E) the salvage certificate number for the vehicle;
(F) the newly issued certificate of title number for
the vehicle;

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(G) the date of disposition of the vehicle;
(H) the name and address of the person to whom the
vehicle was disposed, and if a dealer, the Illinois or
out-of-state dealer license number of that dealer;
(I) The sale price of the vehicle.
(a-1) A person licensed or required to be licensed under
Section 5-101 or Section 5-102 of this Code who issues
temporary registration permits as permitted by this Code and by
rule must electronically file the registration with the
Secretary and must maintain records of the registration in the
manner prescribed by the Secretary.
(b) A failure to make separate entries for each vehicle
acquired, disposed of, or assigned, or a failure to record any
of the specific information required to be recorded concerning
the acquisition or disposition of each vehicle as set forth in
paragraphs (1), (3) and (4) of subsection (a) shall constitute
a failure to keep records.
(c) All entries relating to the acquisition of a vehicle or
essential part required by subsection (a) of this Section shall
be recorded no later than the close of business on the seventh
calendar day following such acquisition. All entries relating
to the disposition of a vehicle or an essential part shall be
made at the time of such disposition. If the vehicle or
essential part was disposed of on the same day as its
acquisition or the day thereafter, the entries relating to the
acquisition of the vehicle or essential part shall be made at

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the time of the disposition of the vehicle or essential part.
Failure to make the entries required in or at the times
prescribed by this subsection following the acquisition or
disposition of such vehicle or essential part shall constitute
a failure to keep records.
(d) Every person licensed or required to be licensed shall,
before accepting delivery of a used vehicle, inspect the
vehicle to determine whether the manufacturer's public vehicle
identification number has been defaced, destroyed, falsified,
removed, altered, or tampered with in any way. If the person
making the inspection determines that the manufacturer's
public vehicle identification number has been altered,
removed, defaced, destroyed, falsified or tampered with he
shall not acquire that vehicle but instead shall promptly
notify law enforcement authorities of his finding.
(e) The information required to be kept in subsection (a)
of this Section shall be kept in a manner prescribed by rule or
regulation of the Secretary of State.
(f) Every person licensed or required to be licensed shall
have in his possession a separate certificate of title, salvage
certificate, junking certificate, certificate of purchase,
uniform invoice, out-of-state bill of sale or other acceptable
documentary evidence of his right to the possession of every
vehicle or essential part.
(g) Every person licensed or required to be licensed as a
transporter under Section 5-201 shall maintain for 3 years, in

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such form as the Secretary of State may by rule or regulation
prescribe, at his principal place of business a record of every
vehicle transported by him, including numbers of or other marks
of identification thereof, the names and addresses of persons
from whom and to whom the vehicle was delivered and the dates
of delivery.
(h) No later than 15 days prior to going out of business,
selling the business, or transferring the ownership of the
business, the licensee shall notify the Secretary of State that
he is going out of business or that he is transferring the
ownership of the business. Failure to notify under this
paragraph shall constitute a failure to keep records.
(i) (Blank).
(j) A person who knowingly fails to comply with the
provisions of this Section or knowingly fails to obey, observe,
or comply with any order of the Secretary or any law
enforcement agency issued in accordance with this Section is
guilty of a Class B misdemeanor for the first violation and a
Class A misdemeanor for the second and subsequent violations.
Each violation constitutes a separate and distinct offense and
a separate count may be brought in the same indictment or
information for each vehicle or each essential part of a
vehicle for which a record was not kept as required by this
Section.
(k) Any person convicted of failing to keep the records
required by this Section with intent to conceal the identity or

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origin of a vehicle or its essential parts or with intent to
defraud the public in the transfer or sale of vehicles or their
essential parts is guilty of a Class 2 felony. Each violation
constitutes a separate and distinct offense and a separate
count may be brought in the same indictment or information for
each vehicle or essential part of a vehicle for which a record
was not kept as required by this Section.
(l) A person may not be criminally charged with or
convicted of both a knowing failure to comply with this Section
and a knowing failure to comply with any order, if both
offenses involve the same record keeping violation.
(m) The Secretary shall adopt rules necessary for
implementation of this Section, which may include the
imposition of administrative fines.
(Source: P.A. 91-415, eff. 1-1-00; 92-773, eff. 8-6-02.)