Bill Text: IL HB0880 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning definitions.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0480 [HB0880 Detail]
Download: Illinois-2011-HB0880-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning definitions.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2011-08-22 - Public Act . . . . . . . . . 97-0480 [HB0880 Detail]
Download: Illinois-2011-HB0880-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 5-101, 5-102, and 5-501 and by adding Section 5-102.7 | ||||||
6 | as follows:
| ||||||
7 | (625 ILCS 5/5-101) (from Ch. 95 1/2, par. 5-101)
| ||||||
8 | Sec. 5-101. New vehicle dealers must be licensed.
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9 | (a) No person shall engage in this State in the business of | ||||||
10 | selling
or dealing in, on consignment or otherwise, new | ||||||
11 | vehicles of any make, or
act as an intermediary or agent or | ||||||
12 | broker for any licensed dealer or
vehicle purchaser other than | ||||||
13 | as a salesperson, or represent or advertise
that he is so | ||||||
14 | engaged or intends to so engage in such business unless
| ||||||
15 | licensed to do so in writing by the Secretary of State under | ||||||
16 | the
provisions of this Section.
| ||||||
17 | (b) An application for a new vehicle dealer's license shall | ||||||
18 | be filed
with the Secretary of State, duly verified by oath, on | ||||||
19 | such form as the
Secretary of State may by rule or regulation | ||||||
20 | prescribe and shall contain:
| ||||||
21 | 1. The name and type of business organization of the | ||||||
22 | applicant and
his established and additional places of | ||||||
23 | business, if any, in this State.
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1 | 2. If the applicant is a corporation, a list of its | ||||||
2 | officers,
directors, and shareholders having a ten percent | ||||||
3 | or greater ownership
interest in the corporation, setting | ||||||
4 | forth the residence address of
each; if the applicant is a | ||||||
5 | sole proprietorship, a partnership, an
unincorporated | ||||||
6 | association, a trust, or any similar form of business
| ||||||
7 | organization, the name and residence address of the | ||||||
8 | proprietor or of
each partner, member, officer, director, | ||||||
9 | trustee, or manager.
| ||||||
10 | 3. The make or makes of new vehicles which the | ||||||
11 | applicant will offer
for sale at retail in this State.
| ||||||
12 | 4. The name of each manufacturer or franchised | ||||||
13 | distributor, if any,
of new vehicles with whom the | ||||||
14 | applicant has contracted for the sale of
such new vehicles. | ||||||
15 | As evidence of this fact, the application shall be
| ||||||
16 | accompanied by a signed statement from each such | ||||||
17 | manufacturer or
franchised distributor. If the applicant | ||||||
18 | is in the business of
offering for sale new conversion | ||||||
19 | vehicles, trucks or vans, except for
trucks modified to | ||||||
20 | serve a special purpose which includes but is not
limited | ||||||
21 | to the following vehicles: street sweepers, fertilizer | ||||||
22 | spreaders,
emergency vehicles, implements of husbandry or | ||||||
23 | maintenance type vehicles,
he must furnish evidence of a | ||||||
24 | sales and service agreement from both the
chassis | ||||||
25 | manufacturer and second stage manufacturer.
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26 | 5. A statement that the applicant has been approved for |
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1 | registration
under the Retailers' Occupation Tax Act by the | ||||||
2 | Department of Revenue:
Provided that this requirement does | ||||||
3 | not apply to a dealer who is already
licensed hereunder | ||||||
4 | with the Secretary of State, and who is merely applying
for | ||||||
5 | a renewal of his license. As evidence of this fact, the | ||||||
6 | application
shall be accompanied by a certification from | ||||||
7 | the Department of Revenue
showing that that Department has | ||||||
8 | approved the applicant for registration
under the | ||||||
9 | Retailers' Occupation Tax Act.
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10 | 6. A statement that the applicant has complied with the | ||||||
11 | appropriate
liability insurance requirement. A Certificate | ||||||
12 | of Insurance in a solvent
company authorized to do business | ||||||
13 | in the State of Illinois shall be included
with each | ||||||
14 | application covering each location at which he proposes to | ||||||
15 | act
as a new vehicle dealer. The policy must provide | ||||||
16 | liability coverage in
the minimum amounts of $100,000 for | ||||||
17 | bodily injury to, or death of, any person,
$300,000 for | ||||||
18 | bodily injury to, or death of, two or more persons in any | ||||||
19 | one
accident, and $50,000 for damage to property. Such | ||||||
20 | policy shall expire
not sooner than December 31 of the year | ||||||
21 | for which the license was issued
or renewed. The expiration | ||||||
22 | of the insurance policy shall not terminate
the liability | ||||||
23 | under the policy arising during the period for which the
| ||||||
24 | policy was filed. Trailer and mobile home dealers are | ||||||
25 | exempt from this
requirement.
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26 | If the permitted user has a liability insurance policy |
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1 | that provides
automobile
liability insurance coverage of | ||||||
2 | at least $100,000 for bodily injury to or the
death of any
| ||||||
3 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
4 | or more persons in
any one
accident, and $50,000 for damage | ||||||
5 | to property,
then the permitted user's insurer shall be the | ||||||
6 | primary
insurer and the
dealer's insurer shall be the | ||||||
7 | secondary insurer. If the permitted user does not
have a | ||||||
8 | liability
insurance policy that provides automobile | ||||||
9 | liability insurance coverage of at
least
$100,000 for | ||||||
10 | bodily injury to or the death of any person, $300,000 for | ||||||
11 | bodily
injury to or the death of any 2 or more persons in | ||||||
12 | any one accident, and
$50,000 for damage to property, or | ||||||
13 | does not have any insurance at all,
then the dealer's | ||||||
14 | insurer shall be the primary insurer and the permitted | ||||||
15 | user's
insurer shall be the secondary
insurer.
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16 | When a permitted user is "test driving" a new vehicle | ||||||
17 | dealer's automobile,
the new vehicle dealer's insurance | ||||||
18 | shall be primary and the permitted user's
insurance shall | ||||||
19 | be secondary.
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20 | As used in this paragraph 6, a "permitted user" is a | ||||||
21 | person who, with the
permission of the new vehicle dealer | ||||||
22 | or an employee of the new vehicle dealer,
drives a vehicle | ||||||
23 | owned and held for sale or lease by the new vehicle dealer
| ||||||
24 | which the person is considering
to purchase or lease, in | ||||||
25 | order to evaluate the performance, reliability, or
| ||||||
26 | condition of the vehicle.
The term "permitted user" also |
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1 | includes a person who, with the permission of
the new
| ||||||
2 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
3 | lease by the new
vehicle dealer
for loaner purposes while | ||||||
4 | the user's vehicle is being repaired or evaluated.
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5 | As used in this paragraph 6, "test driving" occurs when | ||||||
6 | a permitted user
who,
with the permission of the new | ||||||
7 | vehicle dealer or an employee of the new vehicle
dealer, | ||||||
8 | drives a vehicle owned and held for sale or lease by a new | ||||||
9 | vehicle
dealer that the person is considering to purchase | ||||||
10 | or lease, in order to
evaluate the performance, | ||||||
11 | reliability, or condition of the
vehicle.
| ||||||
12 | As used in this paragraph 6, "loaner purposes" means | ||||||
13 | when a person who,
with the permission of the new vehicle | ||||||
14 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
15 | the new vehicle dealer while the
user's vehicle is being | ||||||
16 | repaired or evaluated.
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17 | 7. (A) An application for a new motor vehicle dealer's | ||||||
18 | license shall be
accompanied by the following license fees:
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19 | (i) $1,000 for applicant's established place of | ||||||
20 | business, and
$100 for each
additional place of | ||||||
21 | business, if any, to which the application
pertains; | ||||||
22 | but if the application is made after June 15 of any | ||||||
23 | year, the license
fee shall be $500 for applicant's | ||||||
24 | established place of business
plus
$50 for each | ||||||
25 | additional place of business, if any, to which the
| ||||||
26 | application pertains. License fees shall be returnable |
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1 | only in the event that
the application is denied by the | ||||||
2 | Secretary of State.
All moneys received by the | ||||||
3 | Secretary of State as license fees under this | ||||||
4 | subparagraph (i) paragraph
(7)(A) of subsection (b) of | ||||||
5 | this Section prior to applications for the 2004
| ||||||
6 | licensing year
shall be
deposited into the Motor | ||||||
7 | Vehicle Review Board Fund and shall
be used to | ||||||
8 | administer the Motor Vehicle Review Board under the | ||||||
9 | Motor Vehicle
Franchise Act. Of the money received by | ||||||
10 | the Secretary of State as license
fees under this | ||||||
11 | subparagraph (i) paragraph (7)(A) of subsection (b) of | ||||||
12 | this Section for the 2004
licensing year and
| ||||||
13 | thereafter, 10% shall
be deposited into the Motor | ||||||
14 | Vehicle Review Board Fund and shall be used to
| ||||||
15 | administer the Motor Vehicle Review Board under the | ||||||
16 | Motor Vehicle Franchise Act
and 90% shall be deposited | ||||||
17 | into the General Revenue Fund.
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18 | (ii) Except as provided in subsection (h) of | ||||||
19 | Section 5-102.7 of this Code, an Annual Dealer Recovery | ||||||
20 | Fund Fee in the amount of $500 for the applicant's | ||||||
21 | established place of business, and $50 for each | ||||||
22 | additional place of business, if any, to which the | ||||||
23 | application pertains; but if the application is made | ||||||
24 | after June 15 of any year, the fee shall be $250 for | ||||||
25 | the applicant's established place of business plus $25 | ||||||
26 | for each additional place of business, if any, to which |
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| |||||||
1 | the application pertains. License fees shall be | ||||||
2 | returnable only in the event that the application is | ||||||
3 | denied by the Secretary of State. Moneys received under | ||||||
4 | this subparagraph (ii) shall be deposited into the | ||||||
5 | Dealer Recovery Trust Fund.
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6 | (B) An application for a new vehicle dealer's license, | ||||||
7 | other than for
a new motor vehicle dealer's license, shall | ||||||
8 | be accompanied by the following
license fees:
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9 | (i) $1,000 for applicant's established place of | ||||||
10 | business, and
$50 for each
additional place of | ||||||
11 | business, if any, to which the application pertains; | ||||||
12 | but if
the application is made after June 15 of any | ||||||
13 | year, the license fee shall be
$500
for applicant's | ||||||
14 | established place of business plus $25 for each
| ||||||
15 | additional
place of business, if any, to which the | ||||||
16 | application pertains. License fees
shall be returnable | ||||||
17 | only in the event that the application is denied by the
| ||||||
18 | Secretary of State. Of the money received by the | ||||||
19 | Secretary of State as
license fees under this | ||||||
20 | subparagraph (i) subsection for the 2004 licensing | ||||||
21 | year and thereafter,
95% shall be deposited into the | ||||||
22 | General Revenue Fund.
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23 | (ii) Except as provided in subsection (h) of | ||||||
24 | Section 5-102.7 of this Code, an Annual Dealer Recovery | ||||||
25 | Fund Fee in the amount of $500 for the applicant's | ||||||
26 | established place of business, and $50 for each |
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| |||||||
1 | additional place of business, if any, to which the | ||||||
2 | application pertains; but if the application is made | ||||||
3 | after June 15 of any year, the fee shall be $250 for | ||||||
4 | the applicant's established place of business plus $25 | ||||||
5 | for each additional place of business, if any, to which | ||||||
6 | the application pertains. License fees shall be | ||||||
7 | returnable only in the event that the application is | ||||||
8 | denied by the Secretary of State. Moneys received under | ||||||
9 | this subparagraph (ii) shall be deposited into the | ||||||
10 | Dealer Recovery Trust Fund.
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11 | 8. A statement that the applicant's officers, | ||||||
12 | directors,
shareholders having a 10% or greater ownership | ||||||
13 | interest
therein, proprietor, a partner, member, officer, | ||||||
14 | director, trustee, manager
or other principals in the | ||||||
15 | business have not committed in the past 3
years any one | ||||||
16 | violation as determined in any civil, criminal or
| ||||||
17 | administrative proceedings of any one of the following | ||||||
18 | Acts:
| ||||||
19 | (A) The Anti Theft Laws of the Illinois Vehicle | ||||||
20 | Code;
| ||||||
21 | (B) The Certificate of Title Laws of the Illinois | ||||||
22 | Vehicle Code;
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23 | (C) The Offenses against Registration and | ||||||
24 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
25 | Code;
| ||||||
26 | (D) The Dealers, Transporters, Wreckers and |
| |||||||
| |||||||
1 | Rebuilders
Laws of the Illinois Vehicle Code;
| ||||||
2 | (E) Section 21-2 of the Criminal Code of 1961, | ||||||
3 | Criminal Trespass to
Vehicles; or
| ||||||
4 | (F) The Retailers' Occupation Tax Act.
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5 | 9. A statement that the applicant's officers, | ||||||
6 | directors,
shareholders having a 10% or greater ownership | ||||||
7 | interest
therein, proprietor, partner, member, officer, | ||||||
8 | director, trustee, manager
or other principals in the | ||||||
9 | business have not committed in any calendar year
3 or more | ||||||
10 | violations, as determined in any civil, criminal or
| ||||||
11 | administrative proceedings, of any one or more of the | ||||||
12 | following Acts:
| ||||||
13 | (A) The Consumer Finance Act;
| ||||||
14 | (B) The Consumer Installment Loan Act;
| ||||||
15 | (C) The Retail Installment Sales Act;
| ||||||
16 | (D) The Motor Vehicle Retail Installment Sales | ||||||
17 | Act;
| ||||||
18 | (E) The Interest Act;
| ||||||
19 | (F) The Illinois Wage Assignment Act;
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20 | (G) Part 8 of Article XII of the Code of Civil | ||||||
21 | Procedure; or
| ||||||
22 | (H) The Consumer Fraud Act.
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23 | 10. A bond or certificate of deposit in the amount of | ||||||
24 | $20,000 for
each location at which the applicant intends to | ||||||
25 | act as a new vehicle
dealer. The bond shall be for the term | ||||||
26 | of the license, or its renewal, for
which application is |
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1 | made, and shall expire not sooner than
December 31 of the | ||||||
2 | year for which the license was issued or renewed. The bond
| ||||||
3 | shall run to the People of the State of Illinois, with | ||||||
4 | surety by a bonding or
insurance company authorized to do | ||||||
5 | business in this State. It shall be
conditioned upon the | ||||||
6 | proper transmittal of all title and registration fees and
| ||||||
7 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
8 | Act) accepted by the
applicant as a new vehicle dealer.
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9 | 11. Such other information concerning the business of | ||||||
10 | the applicant as
the Secretary of State may by rule or | ||||||
11 | regulation prescribe.
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12 | 12. A statement that the applicant understands Chapter | ||||||
13 | One through
Chapter Five of this Code.
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14 | (c) Any change which renders no longer accurate any | ||||||
15 | information
contained in any application for a new vehicle | ||||||
16 | dealer's license shall be
amended within 30 days after the | ||||||
17 | occurrence of such change on such form
as the Secretary of | ||||||
18 | State may prescribe by rule or regulation,
accompanied by an | ||||||
19 | amendatory fee of $2.
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20 | (d) Anything in this Chapter 5 to the contrary | ||||||
21 | notwithstanding no
person shall be licensed as a new vehicle | ||||||
22 | dealer unless:
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23 | 1. He is authorized by contract in writing between | ||||||
24 | himself and the
manufacturer or franchised distributor of | ||||||
25 | such make of vehicle to so
sell the same in this State, and
| ||||||
26 | 2. Such person shall maintain an established place of |
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1 | business as
defined in this Act.
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2 | (e) The Secretary of State shall, within a reasonable time | ||||||
3 | after
receipt, examine an application submitted to him under | ||||||
4 | this Section and
unless he makes a determination that the | ||||||
5 | application submitted to him
does not conform with the | ||||||
6 | requirements of this Section or that grounds
exist for a denial | ||||||
7 | of the application, under Section 5-501 of this
Chapter, grant | ||||||
8 | the applicant an original new vehicle dealer's license in
| ||||||
9 | writing for his established place of business and a | ||||||
10 | supplemental license
in writing for each additional place of | ||||||
11 | business in such form as he may
prescribe by rule or regulation | ||||||
12 | which shall include the following:
| ||||||
13 | 1. The name of the person licensed;
| ||||||
14 | 2. If a corporation, the name and address of its | ||||||
15 | officers or if a
sole proprietorship, a partnership, an | ||||||
16 | unincorporated association or any
similar form of business | ||||||
17 | organization, the name and address of the
proprietor or of | ||||||
18 | each partner, member, officer, director, trustee or
| ||||||
19 | manager;
| ||||||
20 | 3. In the case of an original license, the established | ||||||
21 | place of
business of the licensee;
| ||||||
22 | 4. In the case of a supplemental license, the | ||||||
23 | established place of
business of the licensee and the | ||||||
24 | additional place of business to which such
supplemental | ||||||
25 | license pertains;
| ||||||
26 | 5. The make or makes of new vehicles which the licensee |
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| |||||||
1 | is licensed
to sell.
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2 | (f) The appropriate instrument evidencing the license or a | ||||||
3 | certified
copy thereof, provided by the Secretary of State, | ||||||
4 | shall be kept posted
conspicuously in the established place of | ||||||
5 | business of the licensee and
in each additional place of | ||||||
6 | business, if any, maintained by such
licensee.
| ||||||
7 | (g) Except as provided in subsection (h) hereof, all new | ||||||
8 | vehicle
dealer's licenses granted under this Section shall | ||||||
9 | expire by operation
of law on December 31 of the calendar year | ||||||
10 | for which they are granted
unless sooner revoked or cancelled | ||||||
11 | under the provisions of Section 5-501
of this Chapter.
| ||||||
12 | (h) A new vehicle dealer's license may be renewed upon | ||||||
13 | application
and payment of the fee required herein, and | ||||||
14 | submission of proof of
coverage under an approved bond under | ||||||
15 | the "Retailers' Occupation Tax
Act" or proof that applicant is | ||||||
16 | not subject to such bonding
requirements, as in the case of an | ||||||
17 | original license, but in case an
application for the renewal of | ||||||
18 | an effective license is made during the
month of December, the | ||||||
19 | effective license shall remain in force until the
application | ||||||
20 | is granted or denied by the Secretary of State.
| ||||||
21 | (i) All persons licensed as a new vehicle dealer are | ||||||
22 | required to
furnish each purchaser of a motor vehicle:
| ||||||
23 | 1. In the case of a new vehicle a manufacturer's | ||||||
24 | statement of origin
and in the case of a used motor vehicle | ||||||
25 | a certificate of title, in
either case properly assigned to | ||||||
26 | the purchaser;
|
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| |||||||
1 | 2. A statement verified under oath that all identifying | ||||||
2 | numbers on
the vehicle agree with those on the certificate | ||||||
3 | of title or
manufacturer's statement of origin;
| ||||||
4 | 3. A bill of sale properly executed on behalf of such | ||||||
5 | person;
| ||||||
6 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
7 | return
referred to in Section 5-402 hereof;
| ||||||
8 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
9 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
10 | 6. In the case of a vehicle for which the warranty has | ||||||
11 | been reinstated, a
copy of the warranty.
| ||||||
12 | (j) Except at the time of sale or repossession of the | ||||||
13 | vehicle, no person
licensed as a new vehicle dealer may issue | ||||||
14 | any other person a newly created
key to a vehicle unless the | ||||||
15 | new vehicle dealer makes a copy of the driver's
license or | ||||||
16 | State identification card of the person requesting or obtaining | ||||||
17 | the
newly created key. The new vehicle dealer must retain the | ||||||
18 | copy for 30 days.
| ||||||
19 | A new vehicle dealer who violates this subsection (j) is | ||||||
20 | guilty of a
petty offense. Violation of this subsection (j) is | ||||||
21 | not cause to suspend,
revoke,
cancel, or deny renewal of the | ||||||
22 | new vehicle dealer's license.
| ||||||
23 | This amendatory Act of 1983 shall be applicable to the 1984 | ||||||
24 | registration
year and thereafter.
| ||||||
25 | (Source: P.A. 92-391, eff. 8-16-01; 92-835, eff. 6-1-03; 93-32, | ||||||
26 | eff. 7-1-03.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
| ||||||
2 | Sec. 5-102. Used vehicle dealers must be licensed.
| ||||||
3 | (a) No person, other than a licensed new vehicle dealer, | ||||||
4 | shall engage in
the business of selling or dealing in, on | ||||||
5 | consignment or otherwise, 5 or
more used vehicles of any make | ||||||
6 | during the year (except house trailers as
authorized by | ||||||
7 | paragraph (j) of this Section and rebuilt salvage vehicles
sold | ||||||
8 | by their rebuilders to persons licensed under this Chapter), or | ||||||
9 | act as
an intermediary, agent or broker for any licensed dealer | ||||||
10 | or vehicle
purchaser (other than as a salesperson) or represent | ||||||
11 | or advertise that he
is so engaged or intends to so engage in | ||||||
12 | such business unless licensed to
do so by the Secretary of | ||||||
13 | State under the provisions of this Section.
| ||||||
14 | (b) An application for a used vehicle dealer's license | ||||||
15 | shall be
filed with the Secretary of State, duly verified by | ||||||
16 | oath, in such form
as the Secretary of State may by rule or | ||||||
17 | regulation prescribe and shall
contain:
| ||||||
18 | 1. The name and type of business organization | ||||||
19 | established and additional
places of business, if any, in | ||||||
20 | this State.
| ||||||
21 | 2. If the applicant is a corporation, a list of its | ||||||
22 | officers,
directors, and shareholders having a ten percent | ||||||
23 | or greater ownership
interest in the corporation, setting | ||||||
24 | forth the residence address of
each; if the applicant is a | ||||||
25 | sole proprietorship, a partnership, an
unincorporated |
| |||||||
| |||||||
1 | association, a trust, or any similar form of business
| ||||||
2 | organization, the names and residence address of the | ||||||
3 | proprietor or of
each partner, member, officer, director, | ||||||
4 | trustee or manager.
| ||||||
5 | 3. A statement that the applicant has been approved for | ||||||
6 | registration
under the Retailers' Occupation Tax Act by the | ||||||
7 | Department of Revenue. However,
this requirement does not | ||||||
8 | apply to a dealer who is already licensed
hereunder with | ||||||
9 | the Secretary of State, and who is merely applying for a
| ||||||
10 | renewal of his license. As evidence of this fact, the | ||||||
11 | application shall be
accompanied by a certification from | ||||||
12 | the Department of Revenue showing that
the Department has | ||||||
13 | approved the applicant for registration under the
| ||||||
14 | Retailers' Occupation Tax Act.
| ||||||
15 | 4. A statement that the applicant has complied with the | ||||||
16 | appropriate
liability insurance requirement. A Certificate | ||||||
17 | of Insurance in a solvent
company authorized to do business | ||||||
18 | in the State of Illinois shall be included
with each | ||||||
19 | application covering each location at which he proposes to | ||||||
20 | act
as a used vehicle dealer. The policy must provide | ||||||
21 | liability coverage in
the minimum amounts of $100,000 for | ||||||
22 | bodily injury to, or death of, any person,
$300,000 for | ||||||
23 | bodily injury to, or death of, two or more persons in any | ||||||
24 | one
accident, and $50,000 for damage to property. Such | ||||||
25 | policy shall expire
not sooner than December 31 of the year | ||||||
26 | for which the license was issued
or renewed. The expiration |
| |||||||
| |||||||
1 | of the insurance policy shall not terminate
the liability | ||||||
2 | under the policy arising during the period for which the | ||||||
3 | policy
was filed. Trailer and mobile home dealers are | ||||||
4 | exempt from this requirement.
| ||||||
5 | If the permitted user has a liability insurance policy | ||||||
6 | that provides
automobile
liability insurance coverage of | ||||||
7 | at least $100,000 for bodily injury to or the
death of any
| ||||||
8 | person, $300,000 for bodily injury to or the death of any 2 | ||||||
9 | or more persons in
any one
accident, and $50,000 for damage | ||||||
10 | to property,
then the permitted user's insurer shall be the | ||||||
11 | primary
insurer and the
dealer's insurer shall be the | ||||||
12 | secondary insurer. If the permitted user does not
have a | ||||||
13 | liability
insurance policy that provides automobile | ||||||
14 | liability insurance coverage of at
least
$100,000 for | ||||||
15 | bodily injury to or the death of any person, $300,000 for | ||||||
16 | bodily
injury to or
the death of any 2 or more persons in | ||||||
17 | any one accident, and $50,000 for damage
to
property, or | ||||||
18 | does not have any insurance at all,
then the
dealer's
| ||||||
19 | insurer shall be the primary insurer and the permitted | ||||||
20 | user's insurer shall be
the secondary
insurer.
| ||||||
21 | When a permitted user is "test driving" a used vehicle | ||||||
22 | dealer's automobile,
the used vehicle dealer's insurance | ||||||
23 | shall be primary and the permitted user's
insurance shall | ||||||
24 | be secondary.
| ||||||
25 | As used in this paragraph 4, a "permitted user" is a | ||||||
26 | person who, with the
permission of the used vehicle dealer |
| |||||||
| |||||||
1 | or an employee of the used vehicle
dealer, drives a vehicle | ||||||
2 | owned and held for sale or lease by the used vehicle
dealer | ||||||
3 | which the person is considering to purchase or lease, in | ||||||
4 | order to
evaluate the performance, reliability, or | ||||||
5 | condition of the vehicle.
The term "permitted user" also | ||||||
6 | includes a person who, with the permission of
the used
| ||||||
7 | vehicle dealer, drives a vehicle owned or held for sale or | ||||||
8 | lease by the used
vehicle dealer
for loaner purposes while | ||||||
9 | the user's vehicle is being repaired or evaluated.
| ||||||
10 | As used in this paragraph 4, "test driving" occurs when | ||||||
11 | a permitted user
who,
with the permission of the used | ||||||
12 | vehicle dealer or an employee of the used
vehicle
dealer, | ||||||
13 | drives a vehicle owned and held for sale or lease by a used | ||||||
14 | vehicle
dealer that the person is considering to purchase | ||||||
15 | or lease, in order to
evaluate the performance, | ||||||
16 | reliability, or condition of the
vehicle.
| ||||||
17 | As used in this paragraph 4, "loaner purposes" means | ||||||
18 | when a person who,
with the permission of the used vehicle | ||||||
19 | dealer, drives a vehicle owned or held
for sale or lease by | ||||||
20 | the used vehicle dealer while the
user's vehicle is being | ||||||
21 | repaired or evaluated.
| ||||||
22 | 5. An application for a used vehicle dealer's license | ||||||
23 | shall be
accompanied by the following license fees:
| ||||||
24 | (A) $1,000 for applicant's established place of | ||||||
25 | business, and
$50 for
each additional place of | ||||||
26 | business, if any, to which the application
pertains; |
| |||||||
| |||||||
1 | however, if the application is made after June 15 of | ||||||
2 | any
year, the license fee shall be $500 for applicant's | ||||||
3 | established
place of
business plus $25 for each | ||||||
4 | additional place of business, if any,
to
which the | ||||||
5 | application pertains. License fees shall be returnable | ||||||
6 | only in
the event that the application is denied by
the | ||||||
7 | Secretary of State. Of the money received by the | ||||||
8 | Secretary of State as
license fees under this | ||||||
9 | subparagraph (A) Section for the 2004 licensing year | ||||||
10 | and thereafter, 95%
shall be deposited into the General | ||||||
11 | Revenue Fund.
| ||||||
12 | (B) Except as provided in subsection (h) of Section | ||||||
13 | 5-102.7 of this Code, an Annual Dealer Recovery Fund | ||||||
14 | Fee in the amount of $500 for the applicant's | ||||||
15 | established place of business, and $50 for each | ||||||
16 | additional place of business, if any, to which the | ||||||
17 | application pertains; but if the application is made | ||||||
18 | after June 15 of any year, the fee shall be $250 for | ||||||
19 | the applicant's established place of business plus $25 | ||||||
20 | for each additional place of business, if any, to which | ||||||
21 | the application pertains. License fees shall be | ||||||
22 | returnable only in the event that the application is | ||||||
23 | denied by the Secretary of State. Moneys received under | ||||||
24 | this subparagraph (B) shall be deposited into the | ||||||
25 | Dealer Recovery Trust Fund.
| ||||||
26 | 6. A statement that the applicant's officers, |
| |||||||
| |||||||
1 | directors, shareholders
having a 10% or greater ownership | ||||||
2 | interest therein, proprietor, partner,
member, officer, | ||||||
3 | director, trustee, manager or other principals in the
| ||||||
4 | business have not committed in the past 3 years any one | ||||||
5 | violation as
determined in any civil, criminal or | ||||||
6 | administrative proceedings of any one
of the following | ||||||
7 | Acts:
| ||||||
8 | (A) The Anti Theft Laws of the Illinois Vehicle | ||||||
9 | Code;
| ||||||
10 | (B) The Certificate of Title Laws of the Illinois | ||||||
11 | Vehicle Code;
| ||||||
12 | (C) The Offenses against Registration and | ||||||
13 | Certificates of Title
Laws of the Illinois Vehicle | ||||||
14 | Code;
| ||||||
15 | (D) The Dealers, Transporters, Wreckers and | ||||||
16 | Rebuilders Laws of the
Illinois Vehicle Code;
| ||||||
17 | (E) Section 21-2 of the Illinois Criminal Code of | ||||||
18 | 1961, Criminal
Trespass to Vehicles; or
| ||||||
19 | (F) The Retailers' Occupation Tax Act.
| ||||||
20 | 7. A statement that the applicant's officers, | ||||||
21 | directors,
shareholders having a 10% or greater ownership | ||||||
22 | interest therein,
proprietor, partner, member, officer, | ||||||
23 | director, trustee, manager or
other principals in the | ||||||
24 | business have not committed in any calendar year
3 or more | ||||||
25 | violations, as determined in any civil or criminal or
| ||||||
26 | administrative proceedings, of any one or more of the |
| |||||||
| |||||||
1 | following Acts:
| ||||||
2 | (A) The Consumer Finance Act;
| ||||||
3 | (B) The Consumer Installment Loan Act;
| ||||||
4 | (C) The Retail Installment Sales Act;
| ||||||
5 | (D) The Motor Vehicle Retail Installment Sales | ||||||
6 | Act;
| ||||||
7 | (E) The Interest Act;
| ||||||
8 | (F) The Illinois Wage Assignment Act;
| ||||||
9 | (G) Part 8 of Article XII of the Code of Civil | ||||||
10 | Procedure; or
| ||||||
11 | (H) The Consumer Fraud Act.
| ||||||
12 | 8. A bond or Certificate of Deposit in the amount of | ||||||
13 | $20,000 for
each location at which the applicant intends to | ||||||
14 | act as a used vehicle
dealer. The bond shall be for the | ||||||
15 | term of the license, or its renewal, for
which application | ||||||
16 | is made, and shall expire not sooner than December 31 of
| ||||||
17 | the year for which the license was issued or renewed. The | ||||||
18 | bond shall run
to the People of the State of Illinois, with | ||||||
19 | surety by a bonding or
insurance company authorized to do | ||||||
20 | business in this State. It shall be
conditioned upon the | ||||||
21 | proper transmittal of all title and registration fees
and | ||||||
22 | taxes (excluding taxes under the Retailers' Occupation Tax | ||||||
23 | Act) accepted
by the applicant as a used vehicle dealer.
| ||||||
24 | 9. Such other information concerning the business of | ||||||
25 | the applicant as
the Secretary of State may by rule or | ||||||
26 | regulation prescribe.
|
| |||||||
| |||||||
1 | 10. A statement that the applicant understands Chapter | ||||||
2 | 1 through
Chapter 5 of this Code.
| ||||||
3 | 11. A copy of the certification from the prelicensing | ||||||
4 | education
program. | ||||||
5 | (c) Any change which renders no longer accurate any | ||||||
6 | information
contained in any application for a used vehicle | ||||||
7 | dealer's license shall
be amended within 30 days after the | ||||||
8 | occurrence of each change on such
form as the Secretary of | ||||||
9 | State may prescribe by rule or regulation,
accompanied by an | ||||||
10 | amendatory fee of $2.
| ||||||
11 | (d) Anything in this Chapter to the contrary | ||||||
12 | notwithstanding, no
person shall be licensed as a used vehicle | ||||||
13 | dealer unless such person
maintains an established place of | ||||||
14 | business as
defined in this Chapter.
| ||||||
15 | (e) The Secretary of State shall, within a reasonable time | ||||||
16 | after
receipt, examine an application submitted to him under | ||||||
17 | this Section.
Unless the Secretary makes a determination that | ||||||
18 | the application
submitted to him does not conform to this | ||||||
19 | Section or that grounds exist
for a denial of the application | ||||||
20 | under Section 5-501 of this Chapter, he
must grant the | ||||||
21 | applicant an original used vehicle dealer's license in
writing | ||||||
22 | for his established place of business and a supplemental | ||||||
23 | license
in writing for each additional place of business in | ||||||
24 | such form as he may
prescribe by rule or regulation which shall | ||||||
25 | include the following:
| ||||||
26 | 1. The name of the person licensed;
|
| |||||||
| |||||||
1 | 2. If a corporation, the name and address of its | ||||||
2 | officers or if a
sole proprietorship, a partnership, an | ||||||
3 | unincorporated association or any
similar form of business | ||||||
4 | organization, the name and address of the
proprietor or of | ||||||
5 | each partner, member, officer, director, trustee or
| ||||||
6 | manager;
| ||||||
7 | 3. In case of an original license, the established | ||||||
8 | place of business
of the licensee;
| ||||||
9 | 4. In the case of a supplemental license, the | ||||||
10 | established place of
business of the licensee and the | ||||||
11 | additional place of business to which such
supplemental | ||||||
12 | license pertains.
| ||||||
13 | (f) The appropriate instrument evidencing the license or a | ||||||
14 | certified
copy thereof, provided by the Secretary of State | ||||||
15 | shall be kept posted,
conspicuously, in the established place | ||||||
16 | of business of the licensee and
in each additional place of | ||||||
17 | business, if any, maintained by such
licensee.
| ||||||
18 | (g) Except as provided in subsection (h) of this Section, | ||||||
19 | all used
vehicle dealer's licenses granted under this Section | ||||||
20 | expire by operation
of law on December 31 of the calendar year | ||||||
21 | for which they are granted
unless sooner revoked or cancelled | ||||||
22 | under Section 5-501 of this Chapter.
| ||||||
23 | (h) A used vehicle dealer's license may be renewed upon | ||||||
24 | application
and payment of the fee required herein, and | ||||||
25 | submission of proof of
coverage by an approved bond under the | ||||||
26 | "Retailers' Occupation Tax Act"
or proof that applicant is not |
| |||||||
| |||||||
1 | subject to such bonding requirements, as
in the case of an | ||||||
2 | original license, but in case an application for the
renewal of | ||||||
3 | an effective license is made during the month of December,
the | ||||||
4 | effective license shall remain in force until the application | ||||||
5 | for
renewal is granted or denied by the Secretary of State.
| ||||||
6 | (i) All persons licensed as a used vehicle dealer are | ||||||
7 | required to
furnish each purchaser of a motor vehicle:
| ||||||
8 | 1. A certificate of title properly assigned to the | ||||||
9 | purchaser;
| ||||||
10 | 2. A statement verified under oath that all identifying | ||||||
11 | numbers on
the vehicle agree with those on the certificate | ||||||
12 | of title;
| ||||||
13 | 3. A bill of sale properly executed on behalf of such | ||||||
14 | person;
| ||||||
15 | 4. A copy of the Uniform Invoice-transaction reporting | ||||||
16 | return
referred to in Section 5-402 of this Chapter;
| ||||||
17 | 5. In the case of a rebuilt vehicle, a copy of the | ||||||
18 | Disclosure of Rebuilt
Vehicle Status; and
| ||||||
19 | 6. In the case of a vehicle for which the warranty has | ||||||
20 | been reinstated, a
copy of the warranty.
| ||||||
21 | (j) A real estate broker holding a valid certificate of | ||||||
22 | registration issued
pursuant to "The Real Estate Brokers and | ||||||
23 | Salesmen License Act" may engage
in the business of selling or | ||||||
24 | dealing in house trailers not his own without
being licensed as | ||||||
25 | a used vehicle dealer under this Section; however such
broker | ||||||
26 | shall maintain a record of the transaction including the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | (1) the name and address of the buyer and seller,
| ||||||
3 | (2) the date of sale,
| ||||||
4 | (3) a description of the mobile home, including the | ||||||
5 | vehicle identification
number, make, model, and year, and
| ||||||
6 | (4) the Illinois certificate of title number.
| ||||||
7 | The foregoing records shall be available for inspection by | ||||||
8 | any officer
of the Secretary of State's Office at any | ||||||
9 | reasonable hour.
| ||||||
10 | (k) Except at the time of sale or repossession of the | ||||||
11 | vehicle, no
person licensed as a used vehicle dealer may issue | ||||||
12 | any other person a newly
created key to a vehicle unless the | ||||||
13 | used vehicle dealer makes a copy of the
driver's license or | ||||||
14 | State identification card of the person requesting or
obtaining | ||||||
15 | the newly created key. The used vehicle dealer must retain the
| ||||||
16 | copy for 30 days.
| ||||||
17 | A used vehicle dealer who violates this subsection (k) is | ||||||
18 | guilty of a
petty offense. Violation of this subsection (k) is | ||||||
19 | not cause to suspend,
revoke, cancel, or deny renewal of the | ||||||
20 | used vehicle dealer's license. | ||||||
21 | (l) Used vehicle dealers licensed under this Section shall | ||||||
22 | provide the Secretary of State a register for the sale at | ||||||
23 | auction of each salvage or junk certificate vehicle. Each | ||||||
24 | register shall include the following information: | ||||||
25 | 1. The year, make, model, style and color of the | ||||||
26 | vehicle; |
| |||||||
| |||||||
1 | 2. The vehicle's manufacturer's identification number | ||||||
2 | or, if applicable, the Secretary of State or Illinois | ||||||
3 | Department of State Police identification number; | ||||||
4 | 3. The date of acquisition of the vehicle; | ||||||
5 | 4. The name and address of the person from whom the | ||||||
6 | vehicle was acquired; | ||||||
7 | 5. The name and address of the person to whom any | ||||||
8 | vehicle was disposed, the person's Illinois license number | ||||||
9 | or if the person is an out-of-state salvage vehicle buyer, | ||||||
10 | the license number from the state or jurisdiction where the | ||||||
11 | buyer is licensed; and | ||||||
12 | 6. The purchase price of the vehicle. | ||||||
13 | The register shall be submitted to the Secretary of State | ||||||
14 | via written or electronic means within 10 calendar days from | ||||||
15 | the date of the auction.
| ||||||
16 | (Source: P.A. 95-783, eff. 1-1-09; 96-678, eff. 8-25-09.)
| ||||||
17 | (625 ILCS 5/5-102.7 new) | ||||||
18 | Sec. 5-102.7. Dealer Recovery Trust Fund. | ||||||
19 | (a) The General Assembly finds that motor vehicle dealers | ||||||
20 | that go out of business without fulfilling agreements to pay | ||||||
21 | off the balance of their customers' liens on traded-in vehicles | ||||||
22 | cause financial harm to those customers by leaving those | ||||||
23 | customers liable for multiple vehicle loans and cause harm to | ||||||
24 | the integrity of the motor vehicle retailing industry. It is | ||||||
25 | the intent of the General Assembly to protect vehicle |
| |||||||
| |||||||
1 | purchasers by creating a Dealer Recovery Trust Fund to | ||||||
2 | reimburse these consumers. | ||||||
3 | (b) The Dealer Recovery Trust Fund shall be used solely for | ||||||
4 | the limited purpose of
helping victims of dealership closings. | ||||||
5 | Any interest accrued by moneys in the Fund shall be
deposited | ||||||
6 | and become part of the Dealer Recovery Trust Fund and its | ||||||
7 | purpose. The sole beneficiaries of the Dealer Recovery Trust | ||||||
8 | Fund are victims of
dealership closings. | ||||||
9 | (c) Except where the context otherwise requires, the | ||||||
10 | following words and phrases, when used in this Section, have | ||||||
11 | the meanings ascribed to them in this subsection (c): | ||||||
12 | "Applicant" means a person who applies for reimbursement | ||||||
13 | from the Dealer Recovery Trust Fund Board. | ||||||
14 | "Board" means the Dealer Recovery Trust Fund Board created | ||||||
15 | under this Section. | ||||||
16 | "Dealer" means a new vehicle dealer licensed under Section | ||||||
17 | 5-101 or a used vehicle dealer licensed under Section 5-102, | ||||||
18 | excepting a dealer who primarily sells mobile homes, | ||||||
19 | recreational vehicles, or trailers. | ||||||
20 | "Fund" means the Dealer Recovery Trust Fund created under | ||||||
21 | this Section. | ||||||
22 | "Fund Administrator" means the private entity, which shall | ||||||
23 | be appointed by the Board, that administers the Dealer Recovery | ||||||
24 | Trust Fund. | ||||||
25 | (d) Beginning October 1, 2011, each application or renewal | ||||||
26 | for a new vehicle dealer's license and each application or |
| |||||||
| |||||||
1 | renewal for a used vehicle dealer's license shall be | ||||||
2 | accompanied by the applicable Annual Dealer Recovery Fund Fee | ||||||
3 | under Section 5-101 or 5-102 of this Code. The fee shall be in | ||||||
4 | addition to any other fees imposed under this Article, shall be | ||||||
5 | submitted at the same time an application or renewal for a new | ||||||
6 | vehicle dealer's license or used vehicle dealer's license is | ||||||
7 | submitted, and shall be made payable to and remitted directly | ||||||
8 | to the Dealer Recovery Trust Fund, a trust fund outside of the | ||||||
9 | State Treasury which is hereby created. In addition, the Dealer | ||||||
10 | Recovery Trust Fund may accept any federal, State, or private | ||||||
11 | moneys for deposit into the Fund. | ||||||
12 | (e) The Fund Administrator shall maintain a list of all | ||||||
13 | dealers who have paid the fee under subsection (d) of this | ||||||
14 | Section for the current year, which shall be available to the | ||||||
15 | Secretary of State and the Board. The Secretary of State shall | ||||||
16 | revoke the dealer license of any dealer who does not pay the | ||||||
17 | fee imposed under subsection (d) of this Section. The Secretary | ||||||
18 | of State and the Fund Administrator may enter into information | ||||||
19 | sharing agreements as needed to implement this Section. | ||||||
20 | (f) The Fund shall be audited annually by an independent | ||||||
21 | auditor who is a certified public accountant and who has been | ||||||
22 | selected by the Board. The independent auditor shall compile an | ||||||
23 | annual report, which shall be filed with the Board and shall be | ||||||
24 | a public record. The auditor shall be paid by the Fund, | ||||||
25 | pursuant to an order of the Board. | ||||||
26 | (g) The Fund shall be maintained by the Fund Administrator, |
| |||||||
| |||||||
1 | who shall keep current records of the amounts deposited into | ||||||
2 | the Fund and the amounts paid out of the Fund pursuant to an | ||||||
3 | order of the Board. These records shall be made available to | ||||||
4 | all members of the Board upon reasonable request during normal | ||||||
5 | business hours. The Fund Administrator shall report the balance | ||||||
6 | in the Fund to the Board monthly, by the 15th day of each | ||||||
7 | month. For purposes of determining the amount available to pay | ||||||
8 | claims under this Section at any meeting of the Board, the | ||||||
9 | Board shall use the Fund Administrator's most recent monthly | ||||||
10 | report. The Fund Administrator shall purchase liability | ||||||
11 | insurance to cover management of the Fund at a cost not to | ||||||
12 | exceed 2% of the balance in the Fund as of January 15th of that | ||||||
13 | year. | ||||||
14 | (h) In any year for which the balance in the Fund as of | ||||||
15 | August 31st is greater than $3,500,000, the Fund Administrator | ||||||
16 | shall notify the Secretary of State and the Secretary of State | ||||||
17 | shall suspend collection of the fee for the following year for | ||||||
18 | any dealer who has not had a claim paid from the Fund, has not | ||||||
19 | had his or her license suspended or revoked, and has not been | ||||||
20 | assessed any civil penalties under this Code during the 3 | ||||||
21 | previous years. | ||||||
22 | (i) Moneys in the Dealer Recovery Trust Fund may be paid | ||||||
23 | from the Fund only as directed by a written order of the Board | ||||||
24 | and used only for the following purposes: | ||||||
25 | (i) to pay claims under a written order of the Board as | ||||||
26 | provided in this Section; or |
| |||||||
| |||||||
1 | (ii) to reimburse the Fund Administrator for its | ||||||
2 | expenses related to the administration of the Fund, | ||||||
3 | provided that the reimbursement to the Fund Administrator | ||||||
4 | in any year shall not exceed 2% of the balance in the Fund | ||||||
5 | as of January 15th of that year. | ||||||
6 | (j) The Dealer Recovery Trust Fund Board is hereby created. | ||||||
7 | The Board shall consist of the Secretary of State, or his or | ||||||
8 | her designee, who shall serve as chair, the Attorney General, | ||||||
9 | or his or her designee, who shall serve as secretary, and one | ||||||
10 | person representing Illinois automobile dealers, selected | ||||||
11 | collectively by the Attorney General, or his or her designee, | ||||||
12 | and the Secretary of State, or his or her designee. The | ||||||
13 | Secretary of State may propose procedures and employ personnel | ||||||
14 | as necessary to implement this Section. The Board shall meet at | ||||||
15 | least twice per year, and as needed, as directed by the chair. | ||||||
16 | The Board may not pay out any claims before the balance | ||||||
17 | deposited into the Fund exceeds $500,000. Board meetings shall | ||||||
18 | be open to the public. The Board has the authority to take any | ||||||
19 | action by at least a two-thirds majority vote. | ||||||
20 | (k) The following persons may apply to the Board for | ||||||
21 | reimbursement from the Dealer Recovery Trust Fund: | ||||||
22 | (i) A retail customer who, on or after October 1, 2011, | ||||||
23 | purchases a vehicle from a dealer who subsequently files | ||||||
24 | for bankruptcy or whose vehicle dealer's license is | ||||||
25 | subsequently revoked by the Secretary of State or otherwise | ||||||
26 | terminated and, as part of the purchase transaction, trades |
| |||||||
| |||||||
1 | in a vehicle with an outstanding lien to the dealer if lien | ||||||
2 | satisfaction was a condition of the purchase agreement and | ||||||
3 | the retail customer determines that the lien has not been | ||||||
4 | satisfied; | ||||||
5 | (ii) A retail customer who, on or after October 1, | ||||||
6 | 2011, purchases a vehicle with an undisclosed lien from a | ||||||
7 | dealer who subsequently files for bankruptcy or whose | ||||||
8 | vehicle dealer's license is subsequently revoked by the | ||||||
9 | Secretary of State or otherwise terminated; | ||||||
10 | (iii) A dealer who, on or after October 1, 2011, | ||||||
11 | purchases a vehicle with an undisclosed lien from another | ||||||
12 | dealer who subsequently files for bankruptcy or whose | ||||||
13 | vehicle dealer's license is subsequently revoked by the | ||||||
14 | Secretary of State or otherwise terminated. | ||||||
15 | (l) To be considered by the Board, an applicant must submit | ||||||
16 | his or her claim to the Board within 9 months after the date of | ||||||
17 | the transaction that gave rise to the claim. | ||||||
18 | (m) At each meeting of the Board, it shall consider all | ||||||
19 | claims that are properly submitted to it on forms prescribed by | ||||||
20 | the Secretary of State at least 30 days before the date of the | ||||||
21 | Board's meeting. Before the Board may consider a claim against | ||||||
22 | a dealer, it must make a written determination that the dealer | ||||||
23 | has filed for bankruptcy under the provisions of 11 U.S.C. | ||||||
24 | Chapter 7; that the Secretary of State has revoked his or her | ||||||
25 | dealer's license; or that the license has been otherwise | ||||||
26 | terminated. Once the Board has made this determination, it may |
| |||||||
| |||||||
1 | consider the applicant's claim against the dealer. If a | ||||||
2 | two-thirds majority of the Board determines that the dealer has | ||||||
3 | committed a violation under subsection (k), it shall grant the | ||||||
4 | applicant's claim. Except as otherwise provided in this | ||||||
5 | Section, the maximum amount of any award for a claim under | ||||||
6 | paragraph (i) of subsection (k) of this Section shall be equal | ||||||
7 | to the amount of the unpaid balance of the lien that the dealer | ||||||
8 | agreed to pay off on behalf of the applicant as shown on the | ||||||
9 | bill of sale or the retail installment sales contract. The | ||||||
10 | maximum amount of any claim under paragraph (ii) or (iii) of | ||||||
11 | subsection (k) of this Section shall be equal to the amount of | ||||||
12 | the undisclosed lien. However, no award for a claim under | ||||||
13 | subsection (k) of this Section shall exceed $35,000. | ||||||
14 | (n) If the balance in the Fund at the time of any Board | ||||||
15 | meeting is less than the amount of the total amount of all | ||||||
16 | claims awarded at that meeting, then all awards made at that | ||||||
17 | meeting shall be reduced, pro rata, so that the amount of | ||||||
18 | claims does not exceed the balance in the Fund. Before it | ||||||
19 | reviews new claims, the Board shall issue written orders to pay | ||||||
20 | the remaining portion of any claims that were so reduced, | ||||||
21 | provided that the balance in the Fund is sufficient to pay | ||||||
22 | those claims. | ||||||
23 | (o) Whenever the balance of the Fund falls below $500,000, | ||||||
24 | the Board may charge dealers
an additional assessment of up to | ||||||
25 | $50 to bring the balance to at least $500,000.
Not more than | ||||||
26 | one additional assessment may be made against a dealer in any |
| |||||||
| |||||||
1 | 12-month period. | ||||||
2 | (p) If the total amount of claims awarded against any | ||||||
3 | dealer exceeds 33% of the balance in the Fund, the Board may | ||||||
4 | permanently reduce the amount of those claims, pro rata, so | ||||||
5 | that those claims do not exceed 33% of the balance in the Fund. | ||||||
6 | (q) The Board shall issue a written order directing the | ||||||
7 | Fund Administrator to pay an applicant's claim to a secured | ||||||
8 | party where the Board has received a signed agreement between | ||||||
9 | the applicant and the secured party holding the lien. The | ||||||
10 | agreement must (i) state that the applicant and the secured | ||||||
11 | party agree to accept payment from the Fund to the secured | ||||||
12 | party as settlement in full of all claims against the dealer; | ||||||
13 | and (ii) release the lien and the title, if applicable, to the | ||||||
14 | vehicle that was the subject of the claim. The written order | ||||||
15 | shall state the amount of the claim and the name and address of | ||||||
16 | the secured party to whom the claim shall be paid. The Fund | ||||||
17 | Administrator shall pay the claim within 30 days after it | ||||||
18 | receives the Board's order. | ||||||
19 | (r) No dealer or principal associated with a dealer's | ||||||
20 | license is eligible for licensure, renewal or relicensure until | ||||||
21 | the full amount of reimbursement for an unpaid claim, plus | ||||||
22 | interest as determined by the Board, is paid to the Fund. | ||||||
23 | Nothing in this Section shall limit the authority of the | ||||||
24 | Secretary of State to suspend, revoke, or levy civil penalties | ||||||
25 | against a dealer, nor shall full repayment of the amount owed | ||||||
26 | to the Fund nullify or modify the effect of any action by the |
| |||||||
| |||||||
1 | Secretary. | ||||||
2 | (s) Nothing in this Section shall limit the right of any | ||||||
3 | person to seek relief though civil action against any other | ||||||
4 | person as an alternative to seeking reimbursement from the | ||||||
5 | Fund.
| ||||||
6 | (625 ILCS 5/5-501) (from Ch. 95 1/2, par. 5-501)
| ||||||
7 | Sec. 5-501. Denial, suspension or revocation or | ||||||
8 | cancellation of a license. | ||||||
9 | (a) The license of a person issued under this Chapter may | ||||||
10 | be denied,
revoked or suspended if the Secretary of State finds | ||||||
11 | that the applicant,
or the officer, director, shareholder | ||||||
12 | having a ten percent or
greater ownership interest in the | ||||||
13 | corporation, owner, partner, trustee,
manager, employee or the | ||||||
14 | licensee
has:
| ||||||
15 | 1. Violated this Act;
| ||||||
16 | 2. Made any material misrepresentation to the | ||||||
17 | Secretary of State in
connection with an application for a | ||||||
18 | license, junking certificate,
salvage certificate, title | ||||||
19 | or registration;
| ||||||
20 | 3. Committed a fraudulent act in connection with | ||||||
21 | selling,
bartering, exchanging, offering for sale or | ||||||
22 | otherwise dealing in
vehicles, chassis, essential parts, | ||||||
23 | or vehicle shells;
| ||||||
24 | 4. As a new vehicle dealer has no contract with a | ||||||
25 | manufacturer or
enfranchised distributor to sell that new |
| |||||||
| |||||||
1 | vehicle in this State;
| ||||||
2 | 5. Not maintained an established place of business as | ||||||
3 | defined in
this Code;
| ||||||
4 | 6. Failed to file or produce for the Secretary of State | ||||||
5 | any
application, report, document or other pertinent | ||||||
6 | books, records,
documents, letters, contracts, required to | ||||||
7 | be filed or produced under
this Code or any rule or | ||||||
8 | regulation made by the Secretary of State
pursuant to this | ||||||
9 | Code;
| ||||||
10 | 7. Previously had, within 3 years, such a license | ||||||
11 | denied, suspended,
revoked, or cancelled under the | ||||||
12 | provisions of subsection (c)(2)
of this Section;
| ||||||
13 | 8. Has committed in any calendar year 3 or more | ||||||
14 | violations, as
determined in any civil or criminal | ||||||
15 | proceeding, of any one or more of
the following Acts:
| ||||||
16 | a. the "Consumer Finance Act";
| ||||||
17 | b. the "Consumer Installment Loan Act";
| ||||||
18 | c. the "Retail Installment Sales Act";
| ||||||
19 | d. the "Motor Vehicle Retail Installment Sales | ||||||
20 | Act";
| ||||||
21 | e. "An Act in relation to the rate of interest and | ||||||
22 | other charges in
connection with sales on credit and | ||||||
23 | the lending of money", approved May
24, 1879, as | ||||||
24 | amended;
| ||||||
25 | f. "An Act to promote the welfare of wage-earners | ||||||
26 | by regulating the
assignment of wages, and prescribing |
| |||||||
| |||||||
1 | a penalty for the violation
thereof", approved July 1, | ||||||
2 | 1935, as amended;
| ||||||
3 | g. Part 8 of Article XII of the Code of Civil | ||||||
4 | Procedure; or
| ||||||
5 | h. the "Consumer Fraud Act";
| ||||||
6 | 9. Failed to pay any fees or taxes due under this Act, | ||||||
7 | or has
failed to transmit any fees or taxes received by him | ||||||
8 | for transmittal by
him to the Secretary of State or the | ||||||
9 | State of Illinois;
| ||||||
10 | 10. Converted an abandoned vehicle;
| ||||||
11 | 11. Used a vehicle identification plate or number | ||||||
12 | assigned to a
vehicle other than the one to which | ||||||
13 | originally assigned;
| ||||||
14 | 12. Violated the provisions of Chapter 5 of this Act, | ||||||
15 | as amended;
| ||||||
16 | 13. Violated the provisions of Chapter 4 of this Act, | ||||||
17 | as amended;
| ||||||
18 | 14. Violated the provisions of Chapter 3 of this Act, | ||||||
19 | as amended;
| ||||||
20 | 15. Violated Section 21-2 of the Criminal Code of 1961, | ||||||
21 | Criminal Trespass
to Vehicles;
| ||||||
22 | 16. Made or concealed a material fact in connection | ||||||
23 | with his application
for a license;
| ||||||
24 | 17. Acted in the capacity of a person licensed or acted | ||||||
25 | as a licensee
under this Chapter without having a license | ||||||
26 | therefor;
|
| |||||||
| |||||||
1 | 18. Failed to pay, within 90 days after a final | ||||||
2 | judgment, any fines
assessed against the licensee pursuant | ||||||
3 | to an action brought under Section 5-404 ; .
| ||||||
4 | 19. Failed to pay the Dealer Recovery Trust Fund fee | ||||||
5 | under Section 5-102.7 of this Code. | ||||||
6 | (b) In addition to other grounds specified in this Chapter, | ||||||
7 | the
Secretary of State, on complaint of the Department of | ||||||
8 | Revenue, shall
refuse the issuance or renewal of a license, or | ||||||
9 | suspend or revoke such
license, for any of the following | ||||||
10 | violations of the "Retailers'
Occupation Tax Act":
| ||||||
11 | 1. Failure to make a tax return;
| ||||||
12 | 2. The filing of a fraudulent return;
| ||||||
13 | 3. Failure to pay all or part of any tax or penalty | ||||||
14 | finally
determined to be due;
| ||||||
15 | 4. Failure to comply with the bonding requirements of | ||||||
16 | the
"Retailers' Occupation Tax Act".
| ||||||
17 | (b-1) In addition to other grounds specified in this | ||||||
18 | Chapter, the
Secretary of State, on complaint of the Motor | ||||||
19 | Vehicle Review Board, shall
refuse the issuance or renewal of a | ||||||
20 | license, or suspend or revoke that
license, if costs or fees | ||||||
21 | assessed under Section 29 or Section 30 of the Motor Vehicle | ||||||
22 | Franchise Act have remained unpaid for a period in excess of 90 | ||||||
23 | days after the licensee received from the Motor Vehicle Board a | ||||||
24 | second notice and demand for the costs or fees. The Motor | ||||||
25 | Vehicle Review Board must send the licensee written notice and | ||||||
26 | demand for payment of the fees or costs at least 2 times, and |
| |||||||
| |||||||
1 | the second notice and demand must be sent by certified mail.
| ||||||
2 | (c) Cancellation of a license.
| ||||||
3 | 1. The license of a person issued under this Chapter | ||||||
4 | may be cancelled
by the Secretary of State prior to its | ||||||
5 | expiration in any of the following
situations:
| ||||||
6 | A. When a license is voluntarily surrendered, by | ||||||
7 | the licensed person;
or
| ||||||
8 | B. If the business enterprise is a sole | ||||||
9 | proprietorship, which is not a
franchised dealership, | ||||||
10 | when the sole proprietor dies or is imprisoned for
any | ||||||
11 | period of time exceeding 30 days; or
| ||||||
12 | C. If the license was issued to the wrong person or | ||||||
13 | corporation, or
contains an error on its face. If any | ||||||
14 | person above whose license
has been cancelled wishes to | ||||||
15 | apply for another license, whether during the
same | ||||||
16 | license year or any other year, that person shall be | ||||||
17 | treated as any
other new applicant and the cancellation | ||||||
18 | of the person's prior license
shall not, in and of | ||||||
19 | itself, be a bar to the issuance of a new license.
| ||||||
20 | 2. The license of a person issued under this Chapter | ||||||
21 | may be cancelled
without a hearing when the Secretary of | ||||||
22 | State is notified that the
applicant, or any officer, | ||||||
23 | director, shareholder having a 10 per cent or
greater | ||||||
24 | ownership interest in the corporation, owner, partner, | ||||||
25 | trustee,
manager, employee or member of the applicant or | ||||||
26 | the licensee has been
convicted of any felony involving the |
| |||||||
| |||||||
1 | selling, bartering, exchanging,
offering for sale, or | ||||||
2 | otherwise dealing in vehicles, chassis, essential
parts, | ||||||
3 | vehicle shells, or ownership documents relating to any of | ||||||
4 | the
above items.
| ||||||
5 | (Source: P.A. 94-287, eff. 1-1-06.)
| ||||||
6 | Section 99. Effective date. This Act takes effect October | ||||||
7 | 1, 2011.
|