(625 ILCS 5/Ch. 5 heading)
(625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
Sec. 5-100. Definitions. For the purposes of this Chapter, the following
words shall have the meanings ascribed to them as follows:
"Additional place of business" means a place owned or leased and occupied
by the dealer in addition to its established place of business, at which the
dealer conducts or intends to conduct business on a permanent or long term
basis. The term does not include an area where an off site sale or exhibition
is conducted. The Secretary of State shall adopt guidelines for the
administration and enforcement of this definition by rule.
"Display exhibition" means a temporary display of vehicles by a dealer
licensed under Section 5-101 or 5-102, at a location at which no vehicles are
offered for sale, that is conducted at a place other than the dealer's
established and additional places of business.
"Established place of business" means the place owned or leased and occupied
by any person duly licensed or required to be licensed as a dealer for the
purpose of engaging in selling, buying, bartering, displaying, exchanging or
dealing in, on consignment or otherwise, vehicles and their essential parts
and for such other ancillary purposes as may be permitted by the Secretary
by rule. It shall include an office in which the 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 Section 5-101.1. This
office shall not be located in a house
trailer, residence, 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. "Established place of business" only includes a place with an outdoor lot capable of parking at least 5 vehicles or an indoor lot with space for a minimum of one vehicle to be parked in its indoor showroom. The established place of business of a scrap
processor shall be the fixed location where the scrap processor maintains
its principal place of business. The Secretary of State shall, by rule and
regulation, adopt guidelines for the administration and enforcement of this
definition, such as, but not limited to issues concerning the required
hours of operation, describing where vehicles are displayed and offered for
sale, where books and records are maintained and requirements for the
fulfillment of warranties. A dealer may have an additional place of business
as defined under this Section.
"Motor vehicle financing affiliate" means a business organization
registered to
do
business in Illinois that, pursuant to a written contract with either (1) a
single new or used
motor vehicle dealer or (2) a single group of new or used motor vehicle dealers
that share
a common ownership within the group, purchases new or used motor vehicles on
behalf
of the dealer or group of dealers and then sells, transfers, or assigns those
motor vehicles
to the dealer or group of dealers. The motor vehicle financing affiliate must
be
incorporated or organized solely to purchase new or used vehicles on behalf of
the new or
used motor vehicle dealer or group of dealers with which it has contracted,
shall not sell
motor vehicles at retail, shall perform only those business functions related
to the
purchasing of motor vehicles and selling, transferring, or assigning those
motor vehicles
to the dealer or group of dealers. The motor vehicle financing affiliate must
be licensed
under the provisions of Section 5-101.1 and must not be licensed as a new or
used motor
vehicle dealer.
"Off site sale" means the temporary display and sale of vehicles, for a
period of not more than 7 calendar days (excluding Sundays), by a dealer
licensed under Section 5-101 or 5-102 at a place other than the dealer's
established and additional places of business.
"Relevant market area", for a new vehicle dealer licensed under Section
5-101 and for a used vehicle dealer licensed under Section 5-102, means the
area within 10 miles of the established or additional place of business of the
dealer located in a county with a population of 300,000 or more, or within 15
miles if the established place of business is located in a county with a
population of less than 300,000.
"Trade show exhibition" means a temporary display of vehicles,
by dealers licensed under Section 5-101 or 5-102, or any other
person as defined in subsection (c) of Section 5-102.1, at a location at which
no vehicles are offered for sale that is conducted at a place other than the
dealer's established and additional places of business. In order for a display
exhibition to be considered a trade
show exhibition, it must be participated in by at least 3
dealers, 2 of which must be licensed under Section 5-101 or 5-102; and
a trade show exhibition of new vehicles shall only be participated in by
licensed new vehicle dealers at least 2 of which must be licensed under Section
5-101.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/5-100-1) (from Ch. 95 1/2, par. 5-100-1)
Sec. 5-100-1.
Findings and Purpose.
The General Assembly finds that:
(1) crimes involving the theft of vehicles and their parts have risen
steadily over the past years, with a resulting loss of millions of dollars
to the residents of this State; (2) essential to the criminal enterprise
of vehicle theft operations is the ability of thieves to transfer
or sell stolen vehicles or their parts through legitimate commercial
channels, making them available for sale to the automotive industry;
(3) vehicle dealers, scrap processors, automotive
parts recyclers, repairers and rebuilders who comprise the vast majority
of the persons engaged in the automotive business in this State are
frequently exposed to pressures and influences from motor vehicle
thieves; (4) elements of organized crime
are constantly attempting to influence businessmen engaged in the sale
and repair of motor vehicles so as to further their own criminal interests;
and (5) close and strict government regulation of vehicle dealers, scrap
processors, automotive parts recyclers,
repairers and rebuilders will provide a system of tracking the flow of
vehicles and their essential parts and therefore significantly reduce the
numbers of vehicle-related thefts in this State. It is, therefore, the
intent of the General Assembly to establish a system of mandatory licensing
and record keeping which will prevent or reduce the transfer or sale of
stolen vehicles or their parts within this State.
It further is the intent of the General Assembly that government
agencies work in cooperation with vehicle dealers, scrap processors,
automotive parts recyclers, repairers and rebuilders, utilizing their
professional expertise in the development and execution of programs and
strategies to reduce vehicle-related crime and maximize consumer
protection while ensuring a healthy business climate for the legitimate
automotive industry.
(Source: P.A. 85-572.)
(625 ILCS 5/Ch. 5 Art. I heading)
(625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-101. New vehicle dealers must be licensed.
(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
licensed to do so in writing by the Secretary of State under the
provisions of this Section.
(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:
(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:
(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:
(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:
(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 color photocopy or electronic scan 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 photocopy or scan 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.
(k) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-101. New vehicle dealers must be licensed.
(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
licensed to do so in writing by the Secretary of State under the
provisions of this Section.
(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:
(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:
(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:
(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:
(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 color photocopy or electronic scan 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 photocopy or scan 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.
(k) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-982, eff. 7-1-23.)
(625 ILCS 5/5-101.1)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-101.1. Motor vehicle financing affiliates; licensing.
(a) In this State no business shall engage in the business of a motor
vehicle financing
affiliate without a license to do so in writing from the Secretary of State.
(b) An application for a motor vehicle financing affiliate's license must be
filed with
the Secretary of State, duly verified by oath, on a form prescribed by the
Secretary of
State and shall contain all of the following:
(c) Any change which renders no longer accurate any information contained in
any
application for a motor vehicle financing affiliate's license shall be amended
within 30
days after the occurrence of the change on a form prescribed by the Secretary
of State,
accompanied by an amendatory fee of $2.
(d) If a new vehicle dealer is not listed on the application, pursuant to
paragraph (2) of
subsection (b), the motor vehicle financing affiliate shall not receive,
possess, or transfer
any new vehicle. If a new motor vehicle dealer is listed on the application,
pursuant to
paragraph (2) of subsection (b), the new motor vehicle dealer can only receive
those new
cars it is permitted to receive under its franchise agreement. If both a new
and used
motor vehicle dealer are listed on the application, pursuant to paragraph (2)
of subsection
(b), only the new motor vehicle dealer may receive new motor vehicles. If a
used motor
vehicle is listed on the application, pursuant to paragraph (2) of
subsection (b), the used
motor vehicle dealer shall not receive any new motor vehicles.
(e) The applicant and dealer provided pursuant to paragraph (2) of
subsection (b)
must be business organizations registered to conduct business in Illinois.
Three-fourths
of the dealer's board of directors must be members of the motor vehicle
financing
affiliate's board of directors, if applicable.
(f) Unless otherwise provided in this Chapter 5, no business organization
registered to
do business in Illinois shall be licensed as a motor vehicle financing
affiliate unless:
(g) The Secretary of State shall, within a reasonable time after receipt,
examine an
application submitted pursuant to this Section and, unless it is determined
that the
application does not conform with the requirements of this Section or that
grounds exist
for a denial of the application under Section 5-501, grant the applicant a
motor vehicle
financing affiliate license in writing for the applicant's established place of
business and
a supplemental license in writing for each additional place of business in a
form prescribed
by the Secretary, which shall include all of the following:
(h) The appropriate instrument evidencing the license or a certified copy,
provided by
the Secretary of State, shall be kept posted conspicuously in the established
place of
business of the licensee.
(i) Except as provided in subsection (h), all motor vehicle financing
affiliate's
licenses granted under this Section shall expired by operation of law on
December 31 of
the calendar year for which they are granted, unless revoked or canceled at an
earlier date
pursuant to Section 5-501.
(j) A motor vehicle financing affiliate's license may be renewed upon
application and
payment of the required fee. However, when an application for renewal of a
motor
vehicle financing affiliate's 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.
(k) The contract a motor vehicle financing affiliate has with a manufacturer
or
franchised distributor, as provided in paragraph (5) of subsection (b), shall
only permit
the applicant to sell, transfer, or assign new motor vehicles to the new motor
vehicle
dealer listed on the application pursuant to paragraph (2) of subsection (b).
The contract
shall specifically prohibit the motor vehicle financing affiliate from selling
motor
vehicles at retail. This contract shall not be considered the granting of a
franchise as
defined in Section 2 of the Motor Vehicle Franchise Act.
(l) When purchasing of a motor vehicle by a new or used motor vehicle
dealer, all
persons licensed as a motor vehicle financing affiliate are required to furnish
all of the
following:
(m) The motor vehicle financing affiliate shall use the established and
supplemental
place or places of business the new or used vehicle dealer listed on the
application
pursuant to paragraph (2) of subsection (b) as its established and supplemental
place or
places of business.
(n) The motor vehicle financing affiliate shall keep all books and records
required by
this Code with the books and records of the new or used vehicle dealer listed
on the
application pursuant to paragraph (2) of subsection (b). The motor vehicle
financing
affiliate may use the books and records of the new or used motor vehicle dealer
listed on
the application pursuant to paragraph (2) of subsection (b).
(o) Under no circumstances shall a motor vehicle financing affiliate sell,
transfer, or
assign a new vehicle to any place of business of a new motor vehicle dealer,
unless that
place of business is licensed under this Chapter to sell, assign, or otherwise
transfer the
make of the new motor vehicle transferred.
(p) All moneys received by the Secretary of State as license fees under this
Section
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.
(q) Except as otherwise provided in this Section, a motor vehicle financing
affiliate
shall comply with all provisions of this Code.
(r) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 102-154, eff. 1-1-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-101.1. Motor vehicle financing affiliates; licensing.
(a) In this State no business shall engage in the business of a motor
vehicle financing
affiliate without a license to do so in writing from the Secretary of State.
(b) An application for a motor vehicle financing affiliate's license must be
filed with
the Secretary of State, duly verified by oath, on a form prescribed by the
Secretary of
State and shall contain all of the following:
(c) Any change which renders no longer accurate any information contained in
any
application for a motor vehicle financing affiliate's license shall be amended
within 30
days after the occurrence of the change on a form prescribed by the Secretary
of State,
accompanied by an amendatory fee of $2.
(d) If a new vehicle dealer is not listed on the application, pursuant to
paragraph (2) of
subsection (b), the motor vehicle financing affiliate shall not receive,
possess, or transfer
any new vehicle. If a new motor vehicle dealer is listed on the application,
pursuant to
paragraph (2) of subsection (b), the new motor vehicle dealer can only receive
those new
cars it is permitted to receive under its franchise agreement. If both a new
and used
motor vehicle dealer are listed on the application, pursuant to paragraph (2)
of subsection
(b), only the new motor vehicle dealer may receive new motor vehicles. If a
used motor
vehicle is listed on the application, pursuant to paragraph (2) of
subsection (b), the used
motor vehicle dealer shall not receive any new motor vehicles.
(e) The applicant and dealer provided pursuant to paragraph (2) of
subsection (b)
must be business organizations registered to conduct business in Illinois.
Three-fourths
of the dealer's board of directors must be members of the motor vehicle
financing
affiliate's board of directors, if applicable.
(f) Unless otherwise provided in this Chapter 5, no business organization
registered to
do business in Illinois shall be licensed as a motor vehicle financing
affiliate unless:
(g) The Secretary of State shall, within a reasonable time after receipt,
examine an
application submitted pursuant to this Section and, unless it is determined
that the
application does not conform with the requirements of this Section or that
grounds exist
for a denial of the application under Section 5-501, grant the applicant a
motor vehicle
financing affiliate license in writing for the applicant's established place of
business and
a supplemental license in writing for each additional place of business in a
form prescribed
by the Secretary, which shall include all of the following:
(h) The appropriate instrument evidencing the license or a certified copy,
provided by
the Secretary of State, shall be kept posted conspicuously in the established
place of
business of the licensee.
(i) Except as provided in subsection (h), all motor vehicle financing
affiliate's
licenses granted under this Section shall expired by operation of law on
December 31 of
the calendar year for which they are granted, unless revoked or canceled at an
earlier date
pursuant to Section 5-501.
(j) A motor vehicle financing affiliate's license may be renewed upon
application and
payment of the required fee. However, when an application for renewal of a
motor
vehicle financing affiliate's 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.
(k) The contract a motor vehicle financing affiliate has with a manufacturer
or
franchised distributor, as provided in paragraph (5) of subsection (b), shall
only permit
the applicant to sell, transfer, or assign new motor vehicles to the new motor
vehicle
dealer listed on the application pursuant to paragraph (2) of subsection (b).
The contract
shall specifically prohibit the motor vehicle financing affiliate from selling
motor
vehicles at retail. This contract shall not be considered the granting of a
franchise as
defined in Section 2 of the Motor Vehicle Franchise Act.
(l) When purchasing of a motor vehicle by a new or used motor vehicle
dealer, all
persons licensed as a motor vehicle financing affiliate are required to furnish
all of the
following:
(m) The motor vehicle financing affiliate shall use the established and
supplemental
place or places of business the new or used vehicle dealer listed on the
application
pursuant to paragraph (2) of subsection (b) as its established and supplemental
place or
places of business.
(n) The motor vehicle financing affiliate shall keep all books and records
required by
this Code with the books and records of the new or used vehicle dealer listed
on the
application pursuant to paragraph (2) of subsection (b). The motor vehicle
financing
affiliate may use the books and records of the new or used motor vehicle dealer
listed on
the application pursuant to paragraph (2) of subsection (b).
(o) Under no circumstances shall a motor vehicle financing affiliate sell,
transfer, or
assign a new vehicle to any place of business of a new motor vehicle dealer,
unless that
place of business is licensed under this Chapter to sell, assign, or otherwise
transfer the
make of the new motor vehicle transferred.
(p) All moneys received by the Secretary of State as license fees under this
Section
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.
(q) Except as otherwise provided in this Section, a motor vehicle financing
affiliate
shall comply with all provisions of this Code.
(r) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 102-154, eff. 1-1-22; 102-982, eff. 7-1-23.)
(625 ILCS 5/5-101.2)
Sec. 5-101.2. (Repealed).
(Source: P.A. 102-154, eff. 1-1-22. Repealed by P.A. 102-941, eff. 7-1-22.)
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
(Text of Section before amendment by P.A. 102-982)
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:
(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:
(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:
(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:
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 color photocopy or electronic scan 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 photocopy or scan
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:
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.
(m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(Text of Section after amendment by P.A. 102-982)
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:
(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:
(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:
(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:
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 color photocopy or electronic scan 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 photocopy or scan
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:
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.
(m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-982, eff. 7-1-23.)
(625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
Sec. 5-102.1.
Permits for off site sales and exhibitions.
(a) A licensed new or used motor vehicle dealer licensed under Section
5-101 or
5-102 shall not engage in any off site sale without an off site sale permit
issued by the Secretary under this Section.
The Secretary shall issue an off site sale permit to a dealer if:
However, in no event shall an off site sale permit be issued to any
licensed new or used vehicle dealer for any off site sale to be conducted
outside that dealer's relevant market area, as that term is defined in
this Chapter, except that this restriction
shall not apply to off site sales of motor homes or recreational vehicles.
The provisions of this subsection shall not apply to self-contained motor
homes, mini motor homes, van campers, and recreational trailers, including
trailers designed and used to transport vessels or watercraft.
An off site sale permit does not authorize the sale of vehicles on a Sunday.
(b) Only a new or used vehicle dealer licensed under Section 5-101
or 5-102
may participate in a display exhibition and shall obtain a display exhibition
permit issued by the Secretary under this Section.
The Secretary shall issue a display exhibition permit to a dealer if:
A display exhibition permit shall be valid for a period of no longer than 30
days.
(c) A licensed new or used motor vehicle dealer under Section 5-101 or
5-102, or any other person as defined in this Section, may participate in a
trade show exhibition and must obtain a trade show exhibition permit issued by
the Secretary under this Section.
The Secretary shall issue a trade show exhibition permit
if:
A trade show exhibition permit shall be valid for a
period of no longer than 30 days.
The provisions of this subsection shall not apply to self-contained motor
homes, mini motor homes, van campers, and recreational trailers, including
trailers designed and used to transport vessels or watercraft.
The term "any other person" shall mean new or used vehicle dealers
licensed by other states; provided however, a trade show exhibition of new
vehicles shall only be participated in by licensed new vehicle dealers, at
least 2 of which must be licensed under Section 5-101.
(d) An Illinois or out-of-state licensed new or used trailer dealer,
manufactured home dealer, motor home dealer, mini motor home dealer, or van
camper dealer shall not
engage in any off site sale or trade show exhibition without first acquiring a
permit issued by the Secretary under this subsection.
However, the provisions of this Section shall not apply to a licensed
trailer dealer selling a mobile home or manufactured housing, as defined in the
Illinois Manufactured Housing and Mobile Home Safety Act, if the manufactured
housing or mobile home has utilities permanently attached.
The Secretary shall
issue a permit to an Illinois dealer if:
The Secretary shall issue a permit to an out-of-state dealer if the
requirements of subdivisions (1), (2), and (3) of this subsection (d) are met
and at least 2 licensed Illinois dealers will participate in the off site sale
or trade show exhibition.
A permit issued pursuant to this subsection shall allow for the sale of
vehicles at either an off site sale or at a trade show exhibition. The permit
shall be valid for a period not to exceed 30 days.
(e) The Secretary of State may adopt rules regulating the
conduct of off site sales and exhibitions, and governing the issuance and
enforcement of the permits authorized under this Section.
(Source: P.A. 90-718, eff. 1-1-99;
90-774, eff. 8-14-98; 91-357, eff. 7-29-99.)
(625 ILCS 5/5-102.5)
Sec. 5-102.5. Used vehicle dealer prelicensing education program courses.
(a) An applicant for a license as a Buy Here, Pay Here used vehicle dealer under Section 5-102.8 or a used vehicle
dealer shall complete a minimum of 8 hours of prelicensing
education program courses pursuant to this Section prior to
submitting an application to the Secretary of State.
(b) To meet the requirements of this Section, at least one
individual who is associated with the used vehicle
dealer or Buy Here, Pay Here used vehicle dealer as an owner, principal, corporate officer, director, or
member or partner of a limited liability company or limited
liability partnership shall complete the education program
courses.
(c) The education program courses shall be provided by public or private entities with an expertise in the area as approved by the Secretary of State. The Secretary of State must approve course curricula and instruction, in consultation with the Illinois Department of Transportation and any private entity with expertise in the area in the Secretary of State's discretion.
(d) Each person who successfully completes an approved prelicensing education program under this Section shall be issued a certificate by the education program provider of the course. The current certificate of completion, or a copy of the certificate, shall be posted conspicuously in the principal office of the licensee.
(e) The provisions of this Section apply to all Buy Here, Pay Here used vehicle dealers under Section 5-1028 or used vehicle dealers including, but not limited to, individuals,
corporations, and partnerships, except for the following:
(Source: P.A. 101-505, eff. 1-1-20.)
(625 ILCS 5/5-102.7)
Sec. 5-102.7. Dealer Recovery Trust Fund.
(a) The General Assembly finds that motor vehicle dealers that go out of business without fulfilling agreements to pay off the balance of their customers' liens on traded-in vehicles cause financial harm to those customers by leaving those customers liable for multiple vehicle loans and cause harm to the integrity of the motor vehicle retailing industry. It is the intent of the General Assembly to protect vehicle purchasers by creating a Dealer Recovery Trust Fund to reimburse these consumers.
(b) The Dealer Recovery Trust Fund shall be used solely for the limited purpose of
helping victims of dealership closings. Any interest accrued by moneys in the Fund shall be
deposited and become part of the Dealer Recovery Trust Fund and its purpose. The sole beneficiaries of the Dealer Recovery Trust Fund are victims of
dealership closings.
(c) Except where the context otherwise requires, the following words and phrases, when used in this Section, have the meanings ascribed to them in this subsection (c):
"Applicant" means a person who applies for reimbursement from the Dealer Recovery Trust Fund Board.
"Board" means the Dealer Recovery Trust Fund Board created under this Section.
"Dealer" means a new vehicle dealer licensed under Section 5-101, a used vehicle dealer licensed under Section 5-102, or a Buy Here, Pay Here used vehicle dealer licensed under 5-102.8, excepting a dealer who primarily sells mobile homes, recreational vehicles, or trailers.
"Fund" means the Dealer Recovery Trust Fund created under this Section.
"Fund Administrator" means the private entity, which shall be appointed by the Board, that administers the Dealer Recovery Trust Fund.
(d) Beginning October 1, 2011, each application or renewal for a new vehicle dealer's license and each application or renewal for a Buy Here, Pay Here used vehicle dealer licensed under 5-102.8 or a used vehicle dealer's license shall be accompanied by the applicable Annual Dealer Recovery Fund Fee under Section 5-101 or 5-102 of this Code. The fee shall be in addition to any other fees imposed under this Article, shall be submitted at the same time an application or renewal for a new vehicle dealer's license, used vehicle dealer's license, or Buy Here, Pay Here used vehicle dealer is submitted, and shall be made payable to and remitted directly to the Dealer Recovery Trust Fund, a trust fund outside of the State Treasury which is hereby created. In addition, the Dealer Recovery Trust Fund may accept any federal, State, or private moneys for deposit into the Fund.
(e) The Fund Administrator shall maintain a list of all dealers who have paid the fee under subsection (d) of this Section for the current year, which shall be available to the Secretary of State and the Board. The Secretary of State shall revoke the dealer license of any dealer who does not pay the fee imposed under subsection (d) of this Section. The Secretary of State and the Fund Administrator may enter into information sharing agreements as needed to implement this Section.
(f) The Fund shall be audited annually by an independent auditor who is a certified public accountant and who has been selected by the Board. The independent auditor shall compile an annual report, which shall be filed with the Board and shall be a public record. The auditor shall be paid by the Fund, pursuant to an order of the Board.
(g) The Fund shall be maintained by the Fund Administrator, who shall keep current records of the amounts deposited into the Fund and the amounts paid out of the Fund pursuant to an order of the Board. These records shall be made available to all members of the Board upon reasonable request during normal business hours. The Fund Administrator shall report the balance in the Fund to the Board monthly, by the 15th day of each month. For purposes of determining the amount available to pay claims under this Section at any meeting of the Board, the Board shall use the Fund Administrator's most recent monthly report. The Fund Administrator shall purchase liability insurance to cover management of the Fund at a cost not to exceed 2% of the balance in the Fund as of January 15th of that year.
(h) In any year for which the balance in the Fund as of August 31st is greater than $3,500,000, the Fund Administrator shall notify the Secretary of State and the Secretary of State shall suspend collection of the fee for the following year for any dealer who has not had a claim paid from the Fund, has not had his or her license suspended or revoked, and has not been assessed any civil penalties under this Code during the 3 previous years.
(i) Moneys in the Dealer Recovery Trust Fund may be paid from the Fund only as directed by a written order of the Board and used only for the following purposes:
(j) The Dealer Recovery Trust Fund Board is hereby created. The Board shall consist of the Secretary of State, or his or her designee, who shall serve as chair, the Attorney General, or his or her designee, who shall serve as secretary, and one person alternatively representing new and independent Illinois automobile dealers, selected collectively by the Attorney General, or his or her designee, and the Secretary of State, or his or her designee. The Secretary of State may propose procedures and employ personnel as necessary to implement this Section. The Board shall meet quarterly, and as needed, as directed by the chair. The Board may not pay out any claims before the balance deposited into the Fund exceeds $500,000. Board meetings shall be open to the public. The Board has the authority to take any action by at least a two-thirds majority vote.
(k) The following persons may apply to the Board for reimbursement from the Dealer Recovery Trust Fund:
(l) To be considered by the Board, an applicant must submit his or her claim to the Board within 2 years after the date of the transaction that gave rise to the claim.
(m) At each meeting of the Board, it shall consider all claims that are properly submitted to it on forms prescribed by the Secretary of State at least 30 days before the date of the Board's meeting. Before the Board may consider a claim against a dealer, it must make a written determination that the dealer has filed for bankruptcy under the provisions of 11 U.S.C. Chapter 7; that the Secretary of State has revoked his or her dealer's license; or that the license has been otherwise terminated. Once the Board has made this determination, it may consider the applicant's claim against the dealer. If a two-thirds majority of the Board determines that the dealer has committed a violation under subsection (k), it shall grant the applicant's claim. Except as otherwise provided in this Section, the maximum amount of any award for a claim under paragraph (i) of subsection (k) of this Section shall be equal to the amount of the unpaid balance of the lien that the dealer agreed to pay off on behalf of the applicant as shown on the bill of sale or the retail installment sales contract. The maximum amount of any claim under paragraph (ii) or (iii) of subsection (k) of this Section shall be equal to the amount of the undisclosed lien. However, no award for a claim under subsection (k) of this Section shall exceed $35,000.
(n) If the balance in the Fund at the time of any Board meeting is less than the amount of the total amount of all claims awarded at that meeting, then all awards made at that meeting shall be reduced, pro rata, so that the amount of claims does not exceed the balance in the Fund. Before it reviews new claims, the Board shall issue written orders to pay the remaining portion of any claims that were so reduced, provided that the balance in the Fund is sufficient to pay those claims.
(o) Whenever the balance of the Fund falls below $500,000, the Board may charge dealers
an additional assessment of up to $50 to bring the balance to at least $500,000.
Not more than one additional assessment may be made against a dealer in any 12-month period.
(p) If the total amount of claims awarded against any dealer exceeds 33% of the balance in the Fund, the Board may permanently reduce the amount of those claims, pro rata, so that those claims do not exceed 33% of the balance in the Fund.
(q) The Board shall issue a written order directing the Fund Administrator to pay an applicant's claim to a secured party where the Board has received a signed agreement between the applicant and the secured party holding the lien. The agreement must (i) state that the applicant and the secured party agree to accept payment from the Fund to the secured party as settlement in full of all claims against the dealer; and (ii) release the lien and the title, if applicable, to the vehicle that was the subject of the claim. The written order shall state the amount of the claim and the name and address of the secured party to whom the claim shall be paid. The Fund Administrator shall pay the claim within 30 days after it receives the Board's order.
(r) No dealer or principal associated with a dealer's license is eligible for licensure, renewal or relicensure until the full amount of reimbursement for an unpaid claim, plus interest as determined by the Board, is paid to the Fund. Nothing in this Section shall limit the authority of the Secretary of State to suspend, revoke, or levy civil penalties against a dealer, nor shall full repayment of the amount owed to the Fund nullify or modify the effect of any action by the Secretary.
(s) Nothing in this Section shall limit the right of any person to seek relief though civil action against any other person as an alternative to seeking reimbursement from the Fund.
(Source: P.A. 101-505, eff. 1-1-20.)
(625 ILCS 5/5-102.8)
(Text of Section before amendment by P.A. 102-982)
Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle dealers.
(a) As used in this Section, "Buy Here, Pay Here used vehicle dealer" means any entity that engages in the business of selling or leasing of vehicles and finances the sale or purchase price of the vehicle to a customer without the customer using a third-party lender.
(b) No person 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 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 or she
is so engaged or intends to so engage in such business of a Buy Here, Pay Here used vehicle dealer unless licensed to
do so by the Secretary of State under the provisions of this Section.
(c) An application for a Buy Here, Pay Here 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:
(d) Any change that renders no longer accurate any information
contained in any application for a Buy Here, Pay Here 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,
accompanied by an amendatory fee of $2.
(e) Anything in this Chapter to the contrary notwithstanding, no
person shall be licensed as a Buy Here, Pay Here used vehicle dealer unless the person
maintains an established place of business as
defined in this Chapter.
(f) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted under this Section.
Unless the Secretary makes a determination that the application does not conform to this Section or that grounds exist
for a denial of the application under Section 5-501 of this Chapter, the Secretary
must grant the applicant an original Buy Here, Pay Here used vehicle 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 such form as the Secretary may
prescribe by rule that shall include the following:
(g) 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 the
licensee.
(h) Except as provided in subsection (i), all Buy Here, Pay Here 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.
(i) A Buy Here, Pay Here 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 the applicant is not subject to such bonding requirements, as
in the case of an original license, but in the case of an application for the
renewal of an effective license 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.
(j) Each person licensed as a Buy Here, Pay Here used vehicle dealer is required to
furnish each purchaser of a motor vehicle:
(k) Except at the time of sale or repossession of the vehicle, no
person licensed as a Buy Here, Pay Here used vehicle dealer may issue any other person a newly
created key to a vehicle unless the Buy Here, Pay Here used vehicle dealer makes a color photocopy or electronic scan of the
driver's license or State identification card of the person requesting or
obtaining the newly created key. The Buy Here, Pay Here used vehicle dealer must retain the photocopy or scan
for 30 days.
A Buy Here, Pay Here 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) A Buy Here, Pay Here used vehicle dealer 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:
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.
(m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22.)
(Text of Section after amendment by P.A. 102-982)
Sec. 5-102.8. Licensure of Buy Here, Pay Here used vehicle dealers.
(a) As used in this Section, "Buy Here, Pay Here used vehicle dealer" means any entity that engages in the business of selling or leasing of vehicles and finances the sale or purchase price of the vehicle to a customer without the customer using a third-party lender.
(b) No person 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 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 or she
is so engaged or intends to so engage in such business of a Buy Here, Pay Here used vehicle dealer unless licensed to
do so by the Secretary of State under the provisions of this Section.
(c) An application for a Buy Here, Pay Here 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:
(d) Any change that renders no longer accurate any information
contained in any application for a Buy Here, Pay Here 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,
accompanied by an amendatory fee of $2.
(e) Anything in this Chapter to the contrary notwithstanding, no
person shall be licensed as a Buy Here, Pay Here used vehicle dealer unless the person
maintains an established place of business as
defined in this Chapter.
(f) The Secretary of State shall, within a reasonable time after
receipt, examine an application submitted under this Section.
Unless the Secretary makes a determination that the application does not conform to this Section or that grounds exist
for a denial of the application under Section 5-501 of this Chapter, the Secretary
must grant the applicant an original Buy Here, Pay Here used vehicle 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 such form as the Secretary may
prescribe by rule that shall include the following:
(g) 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 the
licensee.
(h) Except as provided in subsection (i), all Buy Here, Pay Here 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.
(i) A Buy Here, Pay Here 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 the applicant is not subject to such bonding requirements, as
in the case of an original license, but in the case of an application for the
renewal of an effective license 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.
(j) Each person licensed as a Buy Here, Pay Here used vehicle dealer is required to
furnish each purchaser of a motor vehicle:
(k) Except at the time of sale or repossession of the vehicle, no
person licensed as a Buy Here, Pay Here used vehicle dealer may issue any other person a newly
created key to a vehicle unless the Buy Here, Pay Here used vehicle dealer makes a color photocopy or electronic scan of the
driver's license or State identification card of the person requesting or
obtaining the newly created key. The Buy Here, Pay Here used vehicle dealer must retain the photocopy or scan
for 30 days.
A Buy Here, Pay Here 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) A Buy Here, Pay Here used vehicle dealer 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:
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.
(m) If a licensee under this Section voluntarily surrenders a license to the Illinois Secretary of State Police or a representative of the Secretary of State Vehicle Services Department due to the licensee's inability to adhere to recordkeeping provisions, or the inability to properly issue certificates of title or registrations under this Code, or the Secretary revokes a license under this Section, then the licensee and the licensee's agent, designee, or legal representative, if applicable, may not be named on a new application for a licensee under this Section or under this Chapter, nor is the licensee or the licensee's agent, designee, or legal representative permitted to work for another licensee under this Chapter in a recordkeeping, management, or financial position or as an employee who handles certificate of title and registration documents and applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22; 102-982, eff. 7-1-23.)
(625 ILCS 5/5-102.9)
Sec. 5-102.9. Alternative vehicle sales and ownership.
(a) The Secretary may create special dealership licenses for entities that specialize in specific types of used motor vehicles that may be based on model, make, age, or any other factor that the Secretary deems appropriate.
(b) Any owner who is not a manufacturer of the vehicle and chooses to lease a used vehicle for a period of less than 12 months shall ensure that the lessee maintains valid registration and liability insurance as set forth in Chapter 7 of this Code. The owner of the vehicle shall not collect any fees in connection with the registration of the vehicle unless the owner is also a licensed remittance agent under this Code.
(c) The Secretary may adopt any rules necessary to implement this Section.
(Source: P.A. 101-505, eff. 1-1-20.)
(625 ILCS 5/5-103) (from Ch. 95 1/2, par. 5-103)
Sec. 5-103.
(a) Every new vehicle
manufacturer shall specify the delivery and
preparation obligations of its vehicle dealers prior to delivery of new
vehicles to retail buyers. A copy of the delivery and preparation
obligations of its dealers shall be filed with the Secretary of State by
every vehicle manufacturer and shall constitute the vehicle dealer's only
responsibility for product liability as between the dealer and the
manufacturer. A manufacturer's product or warranty liability to the dealer
shall extend to any mechanical, body or parts defect constituting a breach
of any express or implied warranty of the manufacturer. The manufacturer
shall reasonably compensate any authorized dealer who rectifies a defect
which constitutes a breach of any express or implied warranty of the
manufacturer and for preparation and delivery obligations. Every dealer
shall perform the preparation and get ready services specified by the
manufacturer to be performed prior to the delivery of the new vehicle to
the buyer.
(b) The owner of the vehicle may cause the vehicle to be inspected
according to this Section and have the original manufacturer's warranty
reinstated if the vehicle is a theft recovery that has been salvaged and is
recovered without structural damage or missing essential parts, excluding
wheels, damage to the steering column, and radios provided the owner:
The manufacturer shall reinstate the original manufacturer's warranty if a
vehicle is certified by a franchised dealer as having complied with the
provisions of this Section. The manufacturer shall, in addition to reinstating
the
warranty, provide the owner with a written statement indicating that the
original manufacturer's warranty has been reinstated.
(c) Nothing in this Section shall affect a cause of action a buyer may have
against a dealer or manufacturer under present applicable statutory or case
law.
(Source: P.A. 92-458, eff. 8-22-01.)
(625 ILCS 5/5-104) (from Ch. 95 1/2, par. 5-104)
Sec. 5-104.
On and after January 1, 1976, each manufacturer
of a 1976 or later model year vehicle of the first division manufactured for sale in
this State, other than a motorcycle, shall clearly and conspicuously indicate, on the
price listing affixed to the vehicle pursuant to the Automobile Information
Disclosure Act, (15 United States Code 1231 through 1233), the following, with the
appropriate gasoline mileage figure:
"In tests for fuel economy in city and highway driving conducted
by the United States Environmental Protection Agency, this passenger
vehicle obtained ....... miles per gallon of gasoline.".
(Source: P.A. 100-863, eff. 8-14-18.)
(625 ILCS 5/5-104.1) (from Ch. 95 1/2, par. 5-104.1)
Sec. 5-104.1.
Informational labels on pickup trucks; penalty.
(1)
Every manufacturer of second division vehicles having a gross vehicle
weight rating of 8,500
pounds or less which are sold or offered for sale for use upon the public
streets or highways within this State shall, prior to the delivery of the
second division vehicle to an Illinois dealer, or on or prior to the introduction date of
new models delivered to an Illinois dealer,
securely affix to the windshield or side window of the second division
vehicle a label upon
which the manufacturer shall endorse clearly, distinctly and legibly true
and correct entries disclosing information identical to and in the same
manner as required on new first division vehicles. The label
shall remain affixed to the second division vehicle until delivery of the
second division vehicle to the
ultimate purchaser. Any manufacturer who shall willfully fail to affix a
proper label required by this Section or any person who shall willfully
remove, alter or mutilate a label prior to delivery of the second division vehicle to the
ultimate purchaser is guilty of a misdemeanor. This Section shall not
apply to such second division vehicles for which the annual sales in
Illinois of the previous
model year were less than 200.
(2) This Section shall apply to second division vehicles having a gross
vehicle weight rating of 8,500 pounds or less built after December 31, 1987.
(Source: P.A. 85-387.)
(625 ILCS 5/5-104.2)
Sec. 5-104.2.
Nonconforming vehicles; sale.
(a) Every manufacturer shall be prohibited from reselling any motor
vehicle that has been finally ordered, determined, or adjudicated as having
a nonconformity under the New Vehicle Buyer Protection Act or a similar law
of any state, territory, or country, and that the manufacturer repurchased
or replaced because of the nonconformity, unless the manufacturer has
corrected the nonconformity and issues a disclosure statement prior to
resale stating that the vehicle was repurchased or replaced under the New
Vehicle Buyer Protection Act or similar law of any other state, territory,
or country; identifying the nonconformity; and warranting that the
nonconformity has been corrected. The disclosure statement must accompany
the vehicle through the first retail purchase.
(b) "Nonconformity" refers to a new vehicle's failure to conform to all
express warranties applicable to the vehicle, which failure substantially
impairs the use, market value, or safety of the vehicle.
(c) The disclosure statement referred to in subsection (a) shall be in
substantially the same form as below:
Vehicle Identification Number (VIN): (Insert VIN Number); Year: (Insert Year); Make (Insert Make); Model: (Insert Model). This vehicle was previously sold as new. It was subsequently ordered as having a nonconformity by final decision of court proceeding or State run arbitration. It was subsequently repurchased by its manufacturer because it did not conform to the manufacturer's express warranty and the nonconformity was not cured within a reasonable time as provided by Illinois law. The following nonconformities have been corrected (a minimum of 5 numbered lines shall be provided to describe the nonconformity or nonconformities)."
The customer shall sign the disclosure statement. This disclosure language
shall be in at least 8-point type.
(Source: P.A. 88-415.)
(625 ILCS 5/5-104.3)
Sec. 5-104.3. Disclosure of rebuilt vehicle.
(a) No person shall knowingly, with intent to defraud or deceive
another, sell a
vehicle for which a rebuilt title has been issued unless that vehicle is
accompanied by a Disclosure of Rebuilt Vehicle Status form, properly signed
and delivered to the buyer.
(a-5) No dealer or rebuilder licensed under Sections 5-101, 5-102, or 5-301 of this Code shall sell a vehicle for which a rebuilt title has been issued from another jurisdiction without first obtaining an Illinois certificate of title with a "REBUILT" notation under Section 3-118.1 of this Code.
(b) The Secretary of State may by rule or regulation prescribe the format
and information contained in the Disclosure of Rebuilt Vehicle Status form.
(c) A violation of subsection (a) or (a-5) of this Section is a
Class A misdemeanor.
A second or subsequent violation of subsection (a) or (a-5) of this Section is a
Class 4 felony.
(Source: P.A. 100-104, eff. 11-9-17; 100-863, eff. 8-14-18.)
(625 ILCS 5/5-105) (from Ch. 95 1/2, par. 5-105)
Sec. 5-105. Investigation of licensee required. Every person seeking
a license under Chapter 5 of this Act, as part of the application process,
authorizes an investigation to determine if the applicant has ever been
convicted of a crime and if so, the disposition of those convictions. This
authorization shall indicate the scope of the inquiry and the agencies which
may be contacted. Upon this authorization the Secretary of State may request
and receive information and assistance from any Federal, State or local
governmental agency as part of the authorized investigation. The Illinois State Police shall provide information concerning
any criminal convictions
and their disposition brought against the applicant upon request of the
Secretary of State when the request is made in the form and manner required
by the Illinois State Police. The information
derived from this
investigation, including the source of
this information, and any conclusions or recommendations derived from this
information by the Secretary of State shall be provided to the applicant
or his designee. Upon request to the Secretary of State prior to any final
action by the Secretary of State on the application, no information obtained
from such investigation may be placed in any automated information system.
Any criminal convictions and their disposition information
obtained by the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State, except
as required herein, and may not be transmitted to anyone within the Office
of the Secretary of State except as needed for the purpose of evaluating
the application.
All criminal convictions and their disposition and information obtained
by the Division of Investigation shall be destroyed no later than 60 days
after the Division of Investigation has made a final ruling on the application,
and all rights of appeal have expired and pending appeals have been completed.
The only physical identity materials which the applicant can be required
to provide the Secretary of State are photographs or fingerprints. Only
information and standards which bear a reasonable and rational relation
to the performance of a licensee shall be used by the Secretary of State.
The Secretary of State shall adopt rules and regulations for the administration
of this Section. Any employee of the Secretary of State who gives or causes
to be given away any confidential information concerning any criminal
convictions
and their disposition of an applicant shall be guilty of a Class A misdemeanor.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 5/5-106) (from Ch. 95 1/2, par. 5-106)
Sec. 5-106.
No person may keep open, operate, or assist in keeping open
or operating any established or additional place of business for the
purpose of buying, selling, bartering, exchanging, or leasing for a period
of 1 year or more, or offering for sale, barter, exchange, or lease for a
period of 1 year or more, any motor vehicle, whether new or used, on the
first day of the week, commonly called Sunday; provided, that this Section
does not apply to the opening of an established or additional place of
business on Sunday for the following purposes:
(Source: P.A. 89-551, eff. 1-1-97.)
(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 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.
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. 100-450, eff. 1-1-18.)
(625 ILCS 5/5-108) (from Ch. 95 1/2, par. 5-108)
Sec. 5-108.
Vehicle Referral and Marketing Services.
Nothing in this
Code shall be construed to prohibit a credit union, as defined in the
Illinois Credit Union Act, a bank, as defined in the Illinois Banking Act,
or any firm, copartnership, association or corporation from advertising the
sale of motor vehicles by licensed dealers or advertising motor vehicle
purchase opportunities from licensed dealers, from referring potential
purchasers of motor vehicles to licensed dealers, or from soliciting
purchasers of motor vehicles for licensed dealers. However, any motor
vehicle sale resulting from those activities may only be consummated by a
dealer licensed under Section 5-101 or 5-102 of this Code.
(Source: P.A. 87-380.)
(625 ILCS 5/5-109)
Sec. 5-109. Manufacturers and distributors; fees.
(a) "Manufacturer" means any person who manufactures or assembles new
motor vehicles either within or without of this State.
(b) "Distributor" means any person who distributes or sells new motor
vehicles to new vehicle dealers, or who maintains distributor representatives
in this State, and who is not a manufacturer.
(c) Each manufacturer and distributor doing business in this State shall
pay an annual fee of $1500 to the Secretary of State to be deposited into the Motor Vehicle Review Board Fund.
(Source: P.A. 99-127, eff. 1-1-16.)
(625 ILCS 5/Ch. 5 Art. II heading)
(625 ILCS 5/5-201) (from Ch. 95 1/2, par. 5-201)
Sec. 5-201.
Transporters must apply for in-transit plates.
(a) No person shall engage in this State in the business as a
transporter until such person shall apply for and receive from the
Secretary of State a generally distinctive set of two "in-transit license
plates" for any vehicle so transported by him.
(b) An application for a generally distinctive number under this Article
shall be filed with the Secretary of State, duly verified by oath and in
such form as the Secretary of State may by rule or regulation prescribe and
shall contain the name and business address of such person, the
certificate, registration or permit number issued by the Illinois Commerce
Commission and such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation prescribe. If
the applicant does not hold a certificate, registration or permit from the
Illinois Commerce Commission to so transport, such application shall be
denied.
(c) An application for a generally distinctive set of two "in-transit
license plates" shall be accompanied by the prescribed fee. Upon the
payment of such license fee, such application shall be filed and recorded
in the office of the Secretary of State. Thereupon the Secretary of State
shall assign and issue to such person a generally distinctive number and
without any further expense to him shall deliver to such person at his
business address a certificate of registration in such form as the
Secretary of State may prescribe and one set of two "in-transit license
plates" with a number corresponding to the number of such certificate of
registration. Such in-transit plates shall be used by such person only on
vehicles transported, but not owned, by him.
(d) Except as provided in sub-section (3) hereof, all certificates of
registration and "in-transit plates" 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 under the provisions of Section
5-501 of this Chapter.
(e) A certificate of registration under this Article may be renewed upon
application and payment of the fee required herein as in the case of an
original application, provided, however, that in case an application for
renewal of an effective registration is made during the month of December,
such existing registration shall remain in force until such application for
renewal is granted by the Secretary of State.
(f) Any person registered as a transporter under the Article may make
application for additional duplicate sets of "in-transit plates" on such
form as the Secretary of State may by rule or regulation prescribe, from
time to time to obtain as many duplicate sets of "in-transit plates" as he
may desire upon payment of the prescribed fee for each set. Such duplicate
plates shall bear the number of that person's original certificate of
registration.
(g) In case of loss or destruction of one license plate issued to a
transporter under this Section such transporter may obtain a duplicate of
the same by filing an affidavit to that effect with the Secretary of State,
accompanied by the prescribed fee.
(h) An original "in-transit plate" or a duplicate shall be attached to
the front and rear of each vehicle so transported in this State; provided,
that if one such vehicle is towing another such vehicle, one plate or
duplicate plate shall be attached to the front of the towing vehicle and
one such plate to the rear of the rearmost towed vehicle.
(i) Anything in this Chapter to the contrary notwithstanding, the
provisions of this Section shall not apply to a non-resident engaged in
such business and using the public highways of this State if he has an
"in-transit plate" or license from the State, foreign country or province,
territory or federal district of which he is a resident and such State,
country, province, territory or district grants a like exemption to
residents of this State.
(Source: P.A. 76-1586.)
(625 ILCS 5/5-202) (from Ch. 95 1/2, par. 5-202)
Sec. 5-202. Tow or Wrecker operators must register tow or wrecker
vehicles.
(a) No person in this State shall engage in the business of operating a
tow truck or wrecker or operate a tow or wrecker vehicle until
such person shall register any vehicle to be used for such purpose and
apply for and receive from the Secretary of State a generally distinctive
set of 3 "tow truck" plates for any towing or wrecker vehicle operated by him.
(b) An application for registration for a generally distinctive set of 3
"tow truck" plates
under this Article shall be filed with the Secretary of State, duly
verified by oath and in such form as the Secretary of State may by rule or
regulation prescribe and shall contain the name and business address of
such person, the vehicle identification number of the vehicle for which
such application is made, proof of insurance as set forth in paragraph (d)
of Section 12-606 of
this Code, and such other information concerning the business of the
applicant as the Secretary of State may by rule or regulation prescribe.
(c) The application for registration and a generally distinctive set of
3 "tow truck" plates shall be accompanied by the prescribed fee. Upon
payment of such fee, such registration and application shall be filed and
recorded in the office of the Secretary of State. Thereupon the Secretary
of State shall assign and issue to such person a generally distinctive
number for each vehicle and without further expense to him shall deliver to
such person at his place of business address one set
of 3
"tow truck" plates. Such "tow truck" plates shall be used by such
person only on the vehicle for which application was made and the vehicle
being towed, and are not transferable.
(d) All
"tow truck" plates 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 under the provisions of Section 5-501 of this Chapter.
(e) One "tow truck" plate shall be attached to the front and rear of
each registered vehicle, and one "tow truck"
plate
shall be attached to the rear of the vehicle being towed unless the
towed vehicle displays a valid registration plate or digital registration plate visible from the rear
while being towed,
so that the numbers and letter on the plate are
clearly visible to any person following the vehicle being towed. However,
illumination of the rear plate required by subsection (c) of Section
12-201 of this Code shall not apply to the third plate displayed on
the towed vehicle. In
addition, the vehicle registration plates or digital registration plates assigned to the vehicle being
towed shall be displayed as provided in Section 3-413 of this Code.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/5-207)
Sec. 5-207.
Licensing of towing services as dealers.
Any towing service
that sells or disposes of 5 or more vehicles in a calendar year to anyone
other than a person licensed under Chapter 5 of this Code must also be licensed
under Section 5-102 of this Chapter.
(Source: P.A. 89-433, eff. 12-15-95.)
(625 ILCS 5/Ch. 5 Art. III heading)
(625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301)
Sec. 5-301. Automotive parts recyclers, scrap processors, repairers and
rebuilders must be licensed.
(a) No person in this State shall, except as an incident to
the servicing of vehicles, carry on or conduct the business
of an automotive parts recycler, a scrap processor, a repairer,
or a rebuilder, unless licensed to do so in writing by the Secretary of
State under this Section. No person shall rebuild a salvage vehicle
unless such person is licensed as a rebuilder by the Secretary of State
under this Section. No person shall engage in the business of acquiring 5 or more previously owned vehicles in one calendar year for the primary purpose of disposing of those vehicles in the manner described in the definition of a "scrap processor" in this Code unless the person is licensed as an automotive parts recycler by the Secretary of State under this Section. No person shall engage in the act of dismantling, crushing, or altering a vehicle into another form using machinery or equipment unless licensed to do so and only from the fixed location identified on the license issued by the Secretary. Each license shall be applied for and issued
separately, except that a license issued to a new vehicle dealer under
Section 5-101 of this Code shall also be deemed to be a repairer license.
(b) Any application filed with the Secretary of State, shall be duly
verified by oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
(c) Any change which renders no longer accurate any information
contained in any application for a license filed with the Secretary of
State 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 to the contrary, notwithstanding, no
person shall be licensed under this Section unless such person shall
maintain an established place of business as defined in this Chapter.
(e) The Secretary of State shall within a reasonable time after
receipt thereof, 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, as prescribed in
Section 5-501 of this Chapter, grant the applicant an original license
as applied for 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:
(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. The licensee also shall post conspicuously in the
established place of business and in each additional place of business a
notice which states that such business is required to be licensed by the
Secretary of State under Section 5-301, and which provides the license
number of the business and the license expiration date. This notice also
shall advise the consumer that any complaints as to the quality of service
may be brought to the attention of the Attorney General. The information
required on this notice also shall be printed conspicuously on all
estimates and receipts for work by the licensee subject to this Section.
The Secretary of State shall prescribe the specific format of this notice.
(g) Except as provided in subsection (h) hereof, 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, nonrenewed, or
cancelled under the provisions of Section 5-501 or 5-501.5 of this Chapter.
(h) Any license granted under this Section may be renewed upon
application and payment of the fee required herein as in the case of an
original license, provided, however, that in case an application for the
renewal of an effective license is made during the month of December,
such effective license shall remain in force until such application is
granted or denied by the Secretary of State.
(i) All automotive
repairers and
rebuilders shall, in addition to the requirements of subsections (a)
through
(h) of this Section, meet the following licensing requirements:
(i-1) All automotive repairers shall provide proof that they comply with all requirements of the Automotive Collision Repair Act.
(j) All automotive
parts
recyclers shall, in addition to the requirements of subsections (a) through
(h) of this Section, meet the following licensing requirements:
(Source: P.A. 101-572, eff. 8-23-19; 102-154, eff. 1-1-22.)
(625 ILCS 5/5-302) (from Ch. 95 1/2, par. 5-302)
Sec. 5-302. Out-of-state salvage vehicle buyer must be licensed.
(a) No
person in this State shall sell at auction a salvage vehicle to a
nonresident individual or business licensed in the United States unless the nonresident is licensed in another state or jurisdiction and provides a resale tax certificate, if applicable, and one of the following: a National Motor Vehicle Title Information System (NMVTIS) number, a federal employer identification number, or a government-issued driver's license or passport. A person in this State shall not sell at auction a salvage vehicle to an out-of-country buyer, unless if the nonresident is licensed in a jurisdiction that is not a state, then the nonresident shall provide to the seller the number of the nonresident's license issued by that jurisdiction and a copy of the nonresident's passport or the passport of an owner or officer of the nonresident entity or a copy of another form of government-issued identification from the nonresident or an owner or officer of the nonresident entity.
(b) (Blank).
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) An out-of-state salvage vehicle buyer shall be subject to the
inspection of records pertaining to the acquisition of salvage vehicles in
this State in accordance with this Code and such rules as the Secretary of
State may promulgate.
(h) (Blank).
(i) (Blank).
(j) An out-of-state salvage vehicle buyer who provides an address outside of the United States shall receive a salvage certificate stamped by the seller with the designation of "For Export Only" at the point of sale for each salvage vehicle purchased and the NMVTIS record shall be designated "EXPORT".
(Source: P.A. 101-572, eff. 8-23-19.)
(625 ILCS 5/Ch. 5 Art. IV heading)
(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, 5-102.8, 5-301, or 5-302 of this Code, shall, with the exception of
scrap
processors, maintain 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.
(3) the following records for vehicles on which junking certificates are
obtained shall be kept:
(4) The following records for rebuilt vehicles shall be kept:
(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 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 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 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. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.)
(625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
Sec. 5-401.3. Scrap processors required to keep records.
(a) Every person licensed or required to be licensed as a scrap processor
pursuant to Section 5-301 of this Chapter shall maintain for 3 years, at
his established place of business, the following records relating to the
acquisition of recyclable metals or the acquisition of a vehicle, junk vehicle, or vehicle cowl which has been
acquired for the purpose of processing into a form other than a vehicle,
junk vehicle or vehicle cowl which is possessed in the State or brought
into this State from another state, territory or country.
No scrap metal processor shall sell a vehicle or essential part, as such,
except for engines, transmissions, and powertrains, unless licensed to do so
under another provision of this Code. A scrap processor who is additionally
licensed as an automotive parts recycler shall not be subject to the record
keeping requirements for a scrap processor
when acting as an automotive parts
recycler.
(b) Any licensee who knowingly fails to record any of the specific
information required to be recorded on the weight ticket required under any other subsection of this Section, or Section 5-401 of this Code, or who knowingly
fails to acquire and maintain for 3 years documentary proof of ownership in
one of the prescribed forms shall be guilty of a Class A misdemeanor and
subject to a fine not to exceed $1,000. Each violation shall constitute a
separate and distinct offense and a separate count may be brought in the
same complaint for each violation. Any licensee who commits a second
violation of this Section within two years of a previous conviction of a
violation of this Section shall be guilty of a Class 4 felony.
(c) It shall be an affirmative defense to an offense brought under
paragraph (b) of this Section that the licensee or person required to be
licensed both reasonably and in good faith relied on information appearing
on a Certificate of Title, a Salvage Certificate, a Junking Certificate, a
Secretary of State Manifest, a Secretary of State's Uniform Invoice, a
Certificate of Purchase, or other documentary proof of ownership prepared
under Section 3-117.1(a) of this Code, relating to the transaction for
which the required record was not kept which was supplied to the licensee
by another licensee or an out-of-state dealer.
(d) No later than 15 days prior to going out of business, selling the
business, or transferring the ownership of the business, the scrap
processor shall notify the Secretary of that fact. Failure to so notify
the Secretary of State shall constitute a failure to keep
records under this Section.
(e) Evidence derived directly or indirectly from the keeping of records
required to be kept under this Section shall not be admissible in a
prosecution of the licensee for an alleged violation of Section 4-102(a)(3) of this Code.
(Source: P.A. 100-956, eff. 1-1-19.)
(625 ILCS 5/5-401.4)
Sec. 5-401.4. Purchase of beer kegs by scrap processors.
(a) A scrap processor may not purchase metal beer kegs from any person other than the beer manufacturer whose identity is printed, stamped, attached, or otherwise displayed on the beer keg, or the manufacturer's authorized representative.
(b) The purchaser shall obtain a proof of ownership record from a person selling the beer keg, including any person selling a beer keg with an indicia of ownership that is obliterated, unreadable, or missing, and shall also verify the seller's identity by a driver's license or other government-issued photo identification. The proof of ownership record shall include all of the following information:
(c) The information required to be collected by this Section shall
be kept for one year from the date of purchase or delivery,
whichever is later.
(Source: P.A. 95-253, eff. 1-1-08; 95-979, eff. 1-2-09.)
(625 ILCS 5/5-402) (from Ch. 95 1/2, par. 5-402)
Sec. 5-402.
Use of Department of Revenue Uniform Invoice for vehicle.
Every person licensed as a new vehicle dealer, as a used vehicle
dealer, or as a motor vehicle financing affiliate shall issue a Uniform
Invoice with respect to each transaction
wherein he disposes of a vehicle, except that where, in the same
transaction, a vehicle dealer transfers more than one vehicle to another
vehicle dealer for the purpose of resale, such seller for resale may issue
one Uniform Invoice to the purchaser covering all the vehicles involved in
that transaction and may report the transfer of all the vehicles involved
in that transaction to the Department on the same Uniform
Invoice-transaction reporting return form. Every person licensed as a
rebuilder shall likewise issue a Uniform Invoice with respect to each
transaction wherein he disposes of a rebuilt or restored vehicle. Such
Uniform Invoice shall be the same document as the transaction reporting
return referred to in Section 3 of the Retailers' Occupation Tax Act. Such
Uniform Invoice shall contain complete financial details of the transaction
in such form as shall be prescribed by the Department of Revenue. Such
Uniform Invoice shall include an affidavit by both the seller and the buyer
that any trade-in title has been properly assigned from the buyer to the
seller and that all information on the Uniform Invoice-transaction
reporting return is true and accurate.
(Source: P.A. 91-415, eff. 1-1-00.)
(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
Sec. 5-402.1. Use of Secretary of State Uniform Invoice for Essential
Parts.
(a) Except for scrap processors, every person licensed or required
to be licensed under Section 5-101, 5-101.1, 5-102, 5-102.8, or 5-301 of this Code
shall
issue, in a form the Secretary of State may by rule or regulation
prescribe, a Uniform Invoice, which may also act as a bill of sale, with respect to each transaction in which he disposes of
an essential part other than quarter panels and transmissions of vehicles
of the first division. Such Invoice shall be made out at the time of the
disposition of the essential part. If the licensee disposes of several
essential parts in the same transaction, the licensee may issue one Uniform
Invoice covering all essential parts disposed of in that transaction.
(b) The following information shall be contained on the Uniform Invoice:
(c) Except for scrap processors, and except as set forth in subsection
(d) of this Section, whenever a person licensed or
required to be licensed by Section
5-101, 5-101.1, 5-102, or 5-301 accepts delivery of an essential
part, other than quarter panels and transmissions of vehicles of the
first division, that person shall, at the time of the acceptance or
delivery, comply
with the following procedures:
(d) If an essential part other than quarter panels and
transmissions of vehicles of the first division was delivered by a licensed commercial
delivery service delivering such part on behalf of a licensed dealer, the
person required to comply with subsection (c) of this Section may conduct
the inspection of that part required by paragraph (1) of subsection (c) and examination
of the Uniform Invoice or bill of sale required by paragraph (2) of subsection (c) of
this Section immediately after the acceptance of the part.
(e) Except for scrap processors, all persons licensed or required to
be licensed who acquire or
dispose of essential parts other than quarter panels and transmissions of
vehicles of the first division shall retain a copy of the Uniform Invoice
required to be made by subsections (a), (b), and (c) of this Section for a
period of 3 years.
(f) Except for scrap processors, any person licensed or required to
be licensed under Section 5-101,
5-102, or 5-301 who knowingly fails to record on a Uniform Invoice any of the
information or entries required to be recorded by subsections (a), (b), and
(c) of this Section, or who knowingly places false entries or other misleading
information on such Uniform Invoice, or who knowingly fails to retain for 3 years a
copy of a Uniform Invoice reflecting transactions required to be recorded
by subsections (a), (b), and (c) of this Section, or who knowingly acquires or
disposes of essential parts without receiving, issuing, or executing a
Uniform Invoice reflecting that transaction as required by subsections (a),
(b), and (c) of this Section, or who brings or causes to be brought into
this State essential parts for which the information required to be
recorded on a Uniform Invoice is not recorded as prohibited by subsection
(c) of this Section, or who knowingly fails to comply with the provisions of
this
Section in any other manner shall be guilty of a Class 2 felony. Each
violation shall constitute a separate and distinct offense and a separate
count may be brought in the same indictment or information for each
essential part for which a record was not kept as required by this Section
or for which the person failed to comply with other provisions of this
Section.
(g) The records required to be kept by this Section
may be examined by a person or persons making a lawful
inspection of the licensee's premises pursuant to Section 5-403.
(h) The records required to be kept by this Section shall be retained by
the licensee at his principal place of business for a period of 3 years.
(i) The requirements 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.
(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(625 ILCS 5/5-403) (from Ch. 95 1/2, par. 5-403)
Sec. 5-403. (1) Authorized representatives of the Secretary of State
including officers of the Secretary of State's Department of Police, other
peace officers, and such other individuals as the Secretary may designate
from time to time shall make inspections of individuals and facilities licensed
or required to be licensed under Chapter 5 of the Illinois Vehicle Code
for the purpose of reviewing records required to be maintained under
Chapter 5 for accuracy and completeness and reviewing and examining the
premises of the licensee's established or additional place of business
for the purpose of determining the accuracy of the required records.
Premises that may be inspected in order to determine the accuracy of the
books and records required to be kept includes all premises used by the
licensee to store vehicles and parts that are reflected by the required books and records.
(2) Persons having knowledge of or conducting inspections pursuant to
this Chapter shall not in advance of such inspections knowingly notify a
licensee or representative of a licensee of the contemplated inspection
unless the Secretary or an individual designated by him for this purpose
authorizes such notification. Any individual who, without authorization,
knowingly violates this subparagraph shall be guilty of a Class A misdemeanor.
(3) The licensee or a representative of the licensee shall be entitled
to be present during an inspection conducted pursuant to Chapter 5, however,
the presence of the licensee or an authorized representative of the licensee
is not a condition precedent to such an inspection.
(4) Inspection conducted pursuant to Chapter 5 may be initiated at any
time that business is being conducted or work is being performed, whether
or not open to the public or when the licensee or a representative of the
licensee, other than a mere custodian or watchman, is present. The fact
that a licensee or representative of the licensee leaves the licensed premises
after an inspection has been initiated shall not require the termination
of the inspection.
(5) Any inspection conducted pursuant to Chapter 5 shall not continue
for more than 24 hours after initiation.
(6) In the event information comes to the attention of the individuals
conducting an inspection that may give rise to the necessity of obtaining
a search warrant, and in the event steps are initiated for the procurement
of a search warrant, the individuals conducting such inspection may take
all necessary steps to secure the premises under inspection until the warrant
application is acted upon by a judicial officer.
(7) No more than 6 inspections of a premises may be conducted pursuant
to Chapter 5 within any 6 month period except pursuant to a search warrant.
Notwithstanding this limitation, nothing in this subparagraph (7) shall be
construed to limit the authority of law enforcement agents to respond to
public complaints of violations of the Code. For the purpose of this
subparagraph (7), a public complaint is one in which the complainant identifies
himself or herself and sets forth, in writing, the specific basis for their
complaint against the licensee. For the purpose of this subparagraph (7), the inspection of records pertaining only to recyclable metals, as provided in subdivision (a)(5) of Section 5-401.3 of this Code, shall not be counted as an inspection of a premises.
(8) Nothing in this Section shall be construed to limit the authority
of individuals by the Secretary pursuant to this Section to conduct searches
of licensees pursuant to a duly issued and authorized search warrant.
(9) Any licensee who, having been informed by a person authorized to
make inspections and examine records under this Section that he desires to
inspect records and the licensee's premises as authorized by this Section,
refuses either to produce for that person records required to be kept by
this Chapter or to permit such authorized person to make an inspection of
the premises in accordance with this Section shall subject the license to
immediate suspension by the Secretary of State.
(10) Beginning July 1, 1988, any person referenced under Section 5-302 shall
produce for inspection upon demand those records pertaining to the
acquisition of salvage vehicles in this State.
(Source: P.A. 95-253, eff. 1-1-08; 95-783, eff. 1-1-09; 95-979, eff. 1-2-09; 96-328, eff. 8-11-09.)
(625 ILCS 5/5-403.1) (from Ch. 95 1/2, par. 5-403.1)
Sec. 5-403.1. Inventory system.
(a) Every person licensed or required
to be licensed under the provisions of Sections 5-101, 5-101.1, 5-102, 5-102.8, and
5-301 of
this Code shall, under rule and regulation prescribed by the Secretary of
State, maintain an inventory system of all vehicles or essential parts in
such a manner that a person making an inspection pursuant to the provisions
of Section 5-403 of this Code can readily ascertain the identity of such
vehicles or essential parts and readily locate such parts on the licensees
premises.
(b) Failure to maintain an inventory system as required under this Section
is a Class A misdemeanor.
(c) This Section does not apply to vehicles or essential parts which have
been acquired by a scrap processor for processing into a form other than
a vehicle or essential part.
(Source: P.A. 101-505, eff. 1-1-20.)
(625 ILCS 5/5-404)
Sec. 5-404. Injunctions. The Illinois Attorney General or the State's Attorney for the county in which the scrap processor is located may initiate an appropriate action in the circuit court of the county in which a scrap processor is located to prevent the unlawful operation of a scrap processor, or to restrain, correct, or abate a violation of this Act, or to prevent any illegal act or conduct by the scrap processor.
(Source: P.A. 95-979, eff. 1-2-09.)
(625 ILCS 5/Ch. 5 Art. V heading)
(625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
Sec. 5-501. Denial, suspension or revocation or cancellation of a license.
(a) The license of a person issued under this Chapter may be denied,
revoked or suspended if the Secretary of State finds that the applicant,
or the officer, director, shareholder having a ten percent or
greater ownership interest in the corporation, owner, partner, trustee,
manager, employee or the licensee
has:
(b) In addition to other grounds specified in this Chapter, the
Secretary of State, on complaint of the Department of Revenue, shall
refuse the issuance or renewal of a license, or suspend or revoke such
license, for any of the following violations of the "Retailers'
Occupation Tax Act", the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act:
(b-1) In addition to other grounds specified in this Chapter, the
Secretary of State, on complaint of the Motor Vehicle Review Board, shall
refuse the issuance or renewal of a license, or suspend or revoke that
license, if costs or fees assessed under Section 29 or Section 30 of the Motor Vehicle Franchise Act have remained unpaid for a period in excess of 90 days after the licensee received from the Motor Vehicle Board a second notice and demand for the costs or fees. The Motor Vehicle Review Board must send the licensee written notice and demand for payment of the fees or costs at least 2 times, and the second notice and demand must be sent by certified mail.
(c) Cancellation of a license.
(Source: P.A. 101-505, eff. 1-1-20.)
(625 ILCS 5/5-501.5)
Sec. 5-501.5. License eligibility; fraud.
(a) For purposes of this Section, an "automotive parts recycler, scrap processor, repairer, or rebuilder" includes any owners, operators, principals, shareholders, partners, or directors that have ownership interest or managerial authority in the business at the time the fraud or misconduct occurred.
(b) Notwithstanding any other provision of law to the contrary, an automotive parts recycler, scrap processor, repairer, or rebuilder with a business license issued by a municipality that has been revoked or nonrenewed due to fraud or misconduct committed against the municipality within 3 years preceding the effective date of this amendatory Act of the 100th General Assembly or on or after the effective date of this amendatory Act of the 100th General Assembly shall not be eligible for a license or license renewal under Section 5-301 of this Code.
(c) No later than 30 days after the effective date of this amendatory Act of the 100th General Assembly, a municipality that has revoked or nonrenewed a business license under subsection (b) of this Section shall:
(d) No later than 30 days after receiving a notice required under paragraph (2) of subsection (c) of this Section, a municipality shall take all actions necessary to revoke or, if the business license is set to expire within a 30-day period of the notice, prohibit renewal of the licensee's business license.
(d-5) No later than 30 days after receiving notice under paragraph (1) of subsection (c) of this Section, the Secretary shall notify the former licensee that it is not eligible to conduct business in this State as an automotive parts recycler, scrap processor, repairer, or rebuilder.
(e) An automotive parts recycler, scrap processor, repairer, or rebuilder shall be fined $1,000 for each day it conducts business in this State in violation of this Section.
(f) No unit of local government, including a home rule unit, may regulate business licenses in a manner inconsistent with this Section. This subsection (f) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 100-409, eff. 8-25-17.)
(625 ILCS 5/5-502) (from Ch. 95 1/2, par. 5-502)
Sec. 5-502.
Injunctions.
If any person operates in violation of any provision of this Chapter, or
any rule, regulation, order or decision of the Secretary of State, or of
any term, condition or limitation of any license, the Secretary of State,
or any person injured thereby, or any interested person, may apply to the
Circuit Court of the county in which such violation or some part thereof
occurred, or in which the person complained of has his established or
additional place of business or
resides, to prevent such violation. The Court has jurisdiction to enforce
obedience by injunction or other process restraining such person from
further violation and enjoining upon him obedience.
(Source: P.A. 86-444.)
(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, 5-102.8, 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, 5-102.8, 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, nonrenewed, cancelled, or denied by the
Secretary of State under Section 5-501 or 5-501.5 of this Code, continues to operate business after
the effective date of such revocation, nonrenewal, 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. Except as provided in subsection (e) of Section 5-501.5 of this Code, 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, nonrenewed, cancelled, or denied, that person
shall be fined $500 for each day he conducted business thereafter.
(Source: P.A. 100-409, eff. 8-25-17; 100-450, eff. 1-1-18; 100-863, eff. 8-14-18; 101-505, eff. 1-1-20.)
(625 ILCS 5/5-504) (from Ch. 95 1/2, par. 5-504)
Sec. 5-504.
Effect of revoked or denied license - Notification to prospective
buyers - Rescinding of contracts. (a) No license shall be issued to any
person to conduct the business of a new vehicle
dealer, used vehicle
dealer, scrap processor, automotive parts
recycler, repairer, or
rebuilder at a location or at property at which that person or any other
person had his license as a new vehicle dealer, used
vehicle dealer,
scrap processor, automotive parts recycler, repairer, or rebuilder revoked or denied
after a revocation or pending revocation within 2
months after such revocation or denial.
(b) A licensee who has been notified by the Secretary of State that the
Secretary of State may take action to revoke the dealer's license or
licenses of that licensee shall inform in writing any prospective buyer of
his business of such possible action by the Secretary of State.
(c) If any person purchases or contracts to purchase a business
required to be licensed by Section 5-101, 5-102, 5-201 or 5-301 without
being informed in writing by the prior owner or owners that, at the time of
the sale or making of contract to purchase, the prior owner or owners had
been informed by the Secretary of State that the Secretary of State may be
taking action to revoke the license or licenses of the prior owner or
owners, the person who has purchased or contracted to purchase such
business may, within one year after being informed that his application for
a dealer's license at that location had been denied due to the revocation
of the license or licenses of any prior owner or owners, rescind the
purchase or contract to purchase such business or the property, both real
and otherwise, at which the business is located.
(d) Notwithstanding the provisions of subsection (a) of this Section,
the Secretary of State may issue a license to a person applying for a
license as a new vehicle dealer, used vehicle dealer, scrap processor,
automotive parts recycler, repairer or rebuilder if the Secretary of State,
solely in his discretion, determines that a denial of the license under the
circumstances would place extreme undue hardship upon the applicant.
No license shall be issued under this subsection to a person who is a
spouse, offspring, sibling, parent, grandparent, grandchild, uncle or aunt,
nephew or niece, cousin or in-law of the person whose license to do
business at that location had been revoked or denied nor to a person who
was an officer or employee of the business firm in relation to which the
license was revoked or denied.
Notwithstanding the provisions of subsection (e) of Section 2-118 of
this Code, the venue for judicial review of final acts or decisions under
this subsection shall be the Circuit Court of Sangamon County.
(Source: P.A. 84-1302; 84-1304.)
(625 ILCS 5/5-505)
Sec. 5-505. License suspension or revocation; penalty. The Secretary shall suspend the license of any licensee under this Chapter who permits an individual who is not an authorized agent or employee of the licensee to use the license of the licensee to purchase a vehicle from an auction. The suspension shall be for a period of no less than 30 days for the first violation. Upon a second or subsequent violation, the Secretary shall revoke the license of the licensee.
(Source: P.A. 102-154, eff. 1-1-22.)
(625 ILCS 5/Ch. 5 Art. VI heading)
(625 ILCS 5/5-601) (from Ch. 95 1/2, par. 5-601)
Sec. 5-601.
Credit or conditional sale of certain motor vehicles - Liability insurance
status stamped on bill of sale.
Whenever, in connection with the credit sale of or conditional sale of a
motor vehicle designed and used for the carrying of not more than 10
passengers, the agreement provides that all or any of the consideration to
be paid by the buyer or conditional buyer may be paid more than 30 days
after possession of such motor vehicle is transferred to such buyer or
conditional buyer, and a policy of insurance which does not cover such
buyer or conditional buyer for the risk of liability to the public arising
out of the operation, use or maintenance of such motor vehicle, is issued
in connection with such transaction, the seller or conditional seller shall
stamp or have imprinted thereon a statement on the bill of sale at the time
the transaction is consummated that no such coverage is included in such
policy. Such statement shall be in the following form and shall be in bold
type not less than one-half inch in height:
(Source: P.A. 76-1586.)
(625 ILCS 5/5-602) (from Ch. 95 1/2, par. 5-602)
Sec. 5-602.
Whoever violates any of the provisions of this Article shall be guilty
of a petty offense and shall be fined not more than $500.
(Source: P.A. 77-2720.)
(625 ILCS 5/Ch. 5 Art. VII heading)
(625 ILCS 5/5-700) (from Ch. 95 1/2, par. 5-700)
Sec. 5-700.
Definitions.
For the purposes of this Article, the following
phrases have the meanings ascribed to them in this Section:
Place of business for a vehicle auctioneer. This means the place owned
and regularly occupied by a vehicle auctioneer licensee, within or without
the State, for the primary and principal purpose of keeping and maintaining
the books and records required for the conduct of business, with the personnel
available during normal business hours or an automatic telephone answering
service during normal business hours. The additional place of business means
that place within the State where the auction is held, which place of business
shall contain the books and records required for said auction with personnel
available during normal business hours. The Secretary of State shall be
notified of the additional place of business at least 10 days before the
auction.
Auctioning vehicles. This means arranging for and handling the sale of
vehicles, not the property of the auctioneer, by auction
to the highest bidder.
(Source: P.A. 89-663, eff. 8-14-96.)
(625 ILCS 5/5-701) (from Ch. 95 1/2, par. 5-701)
Sec. 5-701.
Vehicle auctioneers to be licensed.
(a) No person, other than
a licensed new vehicle dealer, a licensed used vehicle dealer, or municipality,
shall engage in this State in the business of auctioning vehicles, for more
than one owner, at auction or shall offer to sell, solicit or advertise
the sale of a vehicle at auction without first acquiring a commercial vehicle
auctioneer license from the Secretary of State under the provisions of this Section.
A vehicle auction licensee shall be entitled thereunder to sell, solicit,
and advertise the sale of used vehicles belonging to others at auction.
(b) An application for a vehicle auctioneer 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 the address
of the place of business;
2. If the applicant is a corporation, a list of its officers and directors,
setting forth the residence address of each; if the applicant is a sole
proprietorship, a partnership, an unincorporated association, trust or any similar
form of business organization, the names and residence addresses of the
proprietor or of each partner, member, officer, director, trustee, manager
and shareholder having 10% or greater ownership interest in the corporation;
3. A statement that the applicant has been approved for registration under
the Retailers' Occupation Tax Act, approved June 28, 1933, as amended,
by the Department of Revenue. However, this requirement does not apply to
licensee 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 bonding requirements
of the "Retailers' Occupation Tax Act", approved June 28, 1933, as amended.
As evidence of this fact, the application shall be accompanied by a certification
from the Department of Revenue showing that the applicant is in compliance
with the bonding requirements of the "Retailers' Occupation Tax Act" or
that the applicant is not required to be bonded with the Department of Revenue
under the "Retailers' Occupation Tax Act";
5. Such other information concerning the business of the applicant as
the Secretary of State may by rule or regulation prescribe;
6. An application for a vehicle auctioneer license shall be accompanied
by the following license fees: $50 for applicant's place of business plus
$25 for each additional place of business, if any, to which the application
pertains, provided, however, that if such an application is made after July
1 of any year, the license fee shall be $25 for applicant's place of business
plus $12.50 for each additional place of business, if any, to which the
application pertains. License fees shall be returnable only in the event
that such application shall be denied by the Secretary of State.
7. A statement that the licensee has irrevocably consented to the
appointment
of the Secretary of State as its agent for service of process with the State
of Illinois. Said service of process shall be accomplished as provided in
Section 10-301 of the Illinois Vehicle Code.
(c) Any change which renders no longer accurate any information contained
in any application for a vehicle auctioneer shall be amended within thirty
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 vehicle auctioneer unless such person shall maintain
a 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 vehicle
auctioneer license in writing for his 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. Complete address of the place of business of the licensee;
4. In the case of supplemental license, the place of business of the
licensee and the place of business to which such supplemental license pertains.
(f) The appropriate instruments evidencing the license or a certified
copy thereof, provided by the Secretary of State shall be kept posted, conspicuously,
in the place of business of the licensee within the State and in each
additional place of business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section, all vehicle
auctioneer licenses granted under this Section expire on December 31 of
the calendar year for which they are granted unless sooner revoked under
Section 5-501 of this Chapter.
(h) a vehicle auctioneer 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) Each person licensed as a vehicle auctioneer or a licensed new or
used car dealer when auctioning vehicles is required to furnish each purchaser
of a motor vehicle the following:
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.
(Source: P.A. 85-1396.)
(625 ILCS 5/5-702) (from Ch. 95 1/2, par. 5-702)
Sec. 5-702. No person shall engage in the business of auctioning any
vehicles for which a salvage certificate is required by law
except to a bidder who is an out-of-state salvage vehicle buyer or who is properly licensed
as a rebuilder, automotive parts recycler, or scrap processor, as required by Section 5-301 of this Chapter.
(Source: P.A. 95-783, eff. 1-1-09.)
(625 ILCS 5/Ch. 5 Art. VIII heading)
(625 ILCS 5/5-801) (from Ch. 95 1/2, par. 5-801)
Sec. 5-801. Criminal penalties. Any person who violates any of the provisions of this Chapter, except a person who violates a provision for which a different criminal penalty is indicated, is
guilty of a Class A misdemeanor. Any person who violates subsection (e) of Section 5-202 is guilty of a Class C misdemeanor. Any person who violates any provisions
of Section 5-701 is guilty of a Class 3 felony.
(Source: P.A. 100-725, eff. 8-3-18.)
(625 ILCS 5/5-802) (from Ch. 95 1/2, par. 5-802)
Sec. 5-802.
The violation of any rule or regulation promulgated by the
Office of the Secretary of State under this Chapter shall not in and of
itself constitute a
criminal offense.
(Source: P.A. 85-1204.)
(625 ILCS 5/5-803)
Sec. 5-803. Administrative penalties. Instead of filing a criminal complaint against a new or used vehicle dealer, or against any other entity licensed by the Secretary under this Code, or any other unlicensed entity acting in violation of this Code, a Secretary of State Police investigator may issue administrative citations for violations of any of the provisions of this Code or any administrative rule adopted by the Secretary under this Code. A party receiving a citation shall have the right to contest the citation in proceedings before the Secretary of State Department of Administrative Hearings. Penalties imposed by issuance of an administrative citation shall not exceed $50 per violation. A penalty may not be imposed unless, during the course of a single investigation or upon review of the party's records, the party is found to have committed at least 3 separate violations of one or more of the provisions of this Code or any administrative rule adopted by the Secretary under this Code. Penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund.
(Source: P.A. 101-572, eff. 8-23-19.)
(625 ILCS 5/Ch. 5 Art. IX heading)
(625 ILCS 5/5-901)
Sec. 5-901. Regulation of manufactured home dealers.
(a) As used in this Article:
"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 for the purpose of engaging in selling, buying, bartering, displaying, exchanging, or dealing in, on consignment or otherwise, manufactured homes and for such other ancillary purposes as may be permitted by the Secretary by rule.
"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, bears a label indicating the manufacturer's compliance with the United States Department of Housing and Urban Development standards, as applicable, and is designed for year-round occupancy as a single-family residence when connected to approved water, sewer, and electrical utilities.
"Manufactured home dealer" means: (1) an individual or entity that engages in the business of acquiring or disposing of new or used manufactured homes; (2) an individual or entity who advertises or otherwise holds the individual or the entity out as being engaged in the business of acquiring or selling new or used manufactured homes; or (3) an individual or entity who buys or sells more than 2 new or used manufactured homes within a 12-month period.
(b) No person shall engage in this State in the business of selling or dealing in, on consignment or otherwise, manufactured homes of any make, or act as an intermediary, agent, or broker for any manufactured home 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 this Section.
(c) An application for a manufactured home dealer's license shall be filed with the Secretary of State Vehicle Services Department and duly verified by oath, on such form as the Secretary of State may prescribe, and shall contain all of the following:
(d) Any change that 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 under this Section, and unless the Secretary makes a determination that the application submitted does not conform with the requirements of this Section or that grounds exist for a denial of the application under subsection (f), grant the applicant an initial manufactured home dealer's license in writing for the established place of business of the applicant in a form the Secretary may prescribe by rule, which shall include the following:
(f) A license issued under this Section may be denied, revoked, or suspended if the Secretary of State finds that the applicant, or the officer, director, shareholder having a 10% or greater ownership interest in the corporation, owner, partner, trustee, manager, employee or the licensee has:
(g) In addition to other grounds specified in this Section, the Secretary of State, on complaint of the Department of Revenue, shall refuse the issuance or renewal of a license, or suspend or revoke such a license, for any of the following violations of the Retailers' Occupation Tax Act, the tax imposed on corporations under subsection (b) of Section 201 of the Illinois Income Tax Act, the Personal Property Tax Replacement Income Tax imposed under subsections (c) and (d) of Section 201 of the Illinois Income Tax Act, or the tax imposed under Section 704A of the Illinois Income Tax Act:
(h) A license issued under this Section may be canceled by the Secretary of State prior to its expiration in any of the following situations:
If any person whose license has been canceled wishes to apply for another license, whether during the same license year or any other year, that person shall be treated as a new applicant and the cancellation of the person's prior license shall not, in and of itself, be a bar to the issuance of a new license.
(i) A license issued under this Section may be canceled without a hearing if the Secretary of State is notified that the applicant, or any officer, director, shareholder having a 10% or greater ownership interest, owner, partner, trustee, manager, employee, or member of the applicant or the licensee has been convicted of any forcible felony or any felony involving the selling, bartering, exchanging, offering for sale, or otherwise dealing in ownership documents relating to any of the above actions.
(j) 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.
(k) All records related to the purchase, sale, or acceptance for sale on consignment of any manufactured home shall be maintained at the licensee's established place of business. These records shall be retained for a period of not less than 7 years, and shall be made available for inspection upon the request of a Secretary of State auditor or an investigator with the Secretary of State Department of Police.
(l) Except as provided in subsection (i), all licenses granted under this Section shall expire by operation of law on December 31st of the calendar year for which the licenses were granted, unless sooner revoked or canceled under subsection (f).
(m) Each person licensed as a manufactured home dealer is required to furnish each purchaser of a manufactured home:
(n) This Section does not apply to a seller who privately owns his or her manufactured home as his or her main residence and is selling the manufactured home to another individual or to a licensee so long as that individual does not sell more than 2 manufactured homes in one 12-month period.
(o) This Section does not apply to any person licensed under the Real Estate License Act of 2000.
(p) The Secretary of State may adopt any rules necessary to implement this Section.
(q) Any individual or entity licensed as a manufactured home dealer or a community-based manufactured home dealer on the effective date of this Section shall be entitled to act as a manufactured home dealer under this Section for the duration of any license in effect on the effective date of this amendatory Act of the 102nd General Assembly, and shall be eligible to be issued a manufactured home dealer's license under this Section upon the expiration of any such license.
(Source: P.A. 102-941, eff. 7-1-22.)
Structure Illinois Compiled Statutes
625 ILCS 5/ - Illinois Vehicle Code.
Chapter 1 - Title And Definitions
Chapter 2 - The Secretary Of State
Chapter 3 - Certificates Of Title And Registration Of Vehicles
Chapter 4 - Anti-Theft Laws and Abandoned Vehicles
Chapter 5 - Dealers, Transporters, Wreckers And Rebuilders
Chapter 6 - The Illinois Driver Licensing Law
Chapter 7 - Illinois Safety And Family Financial Responsibility Law
Chapter 8 - Motor Vehicles Used For Transportation Of Passengers
Chapter 9 - Owners Of For Rent Vehicles For-Hire
Chapter 11 - Rules Of The Road
Chapter 12 - Equipment Of Vehicles
Chapter 13 - Inspection Of Vehicles
Chapter 13B - Emission Inspection (Repealed)
Chapter 13C - Emission Inspection
Chapter 15 - Size, Weight, Load And Permits
Chapter 16 - Enforcement, Penalties And Disposition Of Fines And Forfeitures, And Criminal Cases
Chapter 17 - Illinois Highway Safety Law
Chapter 18a - Illinois Commercial Relocation Of Trespassing Vehicles Law
Chapter 18b - Motor Carrier Safety Regulations
Chapter 18c - Illinois Commercial Transportation Law
Chapter 18d - Illinois Commercial Safety Towing Law
Chapter 20 - Miscellaneous Provisions, Effect Of Act And Repeal Of Named Acts