SB1702 EnrolledLRB099 09046 RJF 29234 b



1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Vehicle Code is amended by changing 
5Section 5-401.2 and by adding Section 5-101.2 as follows:

6 (625 ILCS 5/5-101.2 new)
7 Sec. 5-101.2. Manufactured home dealers; licensing.
8 (a) For the purposes of this Section, the following words 
9shall have the meanings ascribed to them as follows:
10  "Community-based manufactured home dealer" means an 
11 individual or entity that operates a tract of land or 2 or 
12 more contiguous tracts of land which contain sites with the 
13 necessary utilities for 5 or more independent manufactured 
14 homes for permanent habitation, either free of charge or 
15 for revenue purposes, and shall include any building, 
16 structure, vehicle, or enclosure used or intended for use 
17 as a part of the equipment of the manufactured home park 
18 who may, incidental to the operation of the manufactured 
19 home community, sell, trade, or buy a manufactured home or 
20 park model that is located within the manufactured home 
21 community or is located in a different manufactured home 
22 community that is owned or managed by the community-based 
23 manufactured home dealer.
 
 
SB1702 Enrolled- 2 -LRB099 09046 RJF 29234 b


1  "Established place of business" means the place owned

2 or leased and occupied by any person duly licensed or

3 required to be licensed as a manufactured home dealer or a

4 community-based manufactured home dealer for the purpose

5 of engaging in selling, buying, bartering, displaying,

6 exchanging, or dealing in, on consignment or otherwise,

7 manufactured homes or park models and for such other 
8 ancillary purposes as may be permitted by the Secretary by 
9 rule. An established place of business shall include a 
10 single or central office in which the manufactured home 
11 dealer's or community-based manufactured home dealer's 
12 records shall be separate and distinct from any other 
13 business or tenant which may occupy space in the same 
14 building, except as provided in this Section, and the 
15 office shall not be located in a tent, temporary stand, 
16 temporary address, room or rooms in a hotel or
rooming 
17 house, nor the premises occupied by a single or
multiple 
18 unit residence, unless the multiple unit
residence has a 
19 separate and distinct office.
20  "Manufactured home" means a factory assembled

21 structure built on a permanent chassis, transportable in

22 one or more sections in the travel mode, incapable of

23 self-propulsion, and bears a label indicating the

24 manufacturer's compliance with the United States

25 Department of Housing and Urban Development standards, as 
26 applicable, that is without a permanent foundation and is 
 
 
SB1702 Enrolled- 3 -LRB099 09046 RJF 29234 b


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

26selling or dealing in, on consignment or otherwise,

 
 
SB1702 Enrolled- 4 -LRB099 09046 RJF 29234 b


1manufactured homes or park models of any make, or act as an 
2intermediary, agent, or broker for any manufactured home or 
3park model purchaser, other than as a salesperson or to 
4represent or advertise that he or she is so engaged, or intends 
5to so engage, in the business, unless licensed to do so by the 
6Secretary of State under the provisions of this Section.
7 (c) An application for a manufactured home dealer's
license 
8or a community-based manufactured home dealer's
license shall 
9be filed with the Secretary of State and duly
verified by oath, 
10on such form as the Secretary of State may by
rule prescribe 
11and shall contain all of the following:
12  (1) The name and type of business organization of the

13 applicant, and his or her established and additional places

14 of business, if any, in this State.
15  (2) If the applicant is a corporation, a list of its

16 officers, directors, and shareholders having a 10% or

17 greater ownership interest in the corporation. If the

18 applicant is a sole proprietorship, a partnership, a

19 limited liability company, an unincorporated association,

20 a trust, or any similar form of business organization, the

21 name and residence address of the proprietor, or the name

22 and residence address of each partner, member, officer,

23 director, trustee, or manager.
24  (3) The make or makes of new manufactured homes or park 
25 models that the applicant will offer for sale at retail in 
26 the State.
 
 
SB1702 Enrolled- 5 -LRB099 09046 RJF 29234 b


1  (4) The name of each manufacturer or franchised

2 distributor, if any, of new manufactured homes or park 
3 models with whom the applicant has contracted for the sale 
4 of new manufactured homes or park models. As evidence of 
5 this fact, the application shall be accompanied by a signed 
6 statement from each manufacturer or franchised 
7 distributor.
8  (5) A statement that the applicant has been approved

9 for registration under the Retailers' Occupation Tax Act by

10 the Department of Revenue, provided that this requirement

11 does not apply to a manufactured home dealer who is already

12 licensed with the Secretary of State, and who is merely

13 applying for a renewal of his or her license. As evidence

14 of this fact, the application shall be accompanied by a

15 certification from the Department of Revenue showing that

16 the Department has approved the applicant for registration

17 under the Retailers' Occupation Tax Act.
18  (6) An application for:
19   (A) a manufactured home dealer's license, when the 
20 applicant is selling new manufactured homes or park 
21 models on behalf of a manufacturer of manufactured 
22 homes or park models, or 5 or more used manufactured 
23 homes or park models during the calendar year, shall be 
24 accompanied by a $1,000 license fee for the applicant's 
25 established place of business, and $100 for each 
26 additional place of business, if any, to which the 
 
 
SB1702 Enrolled- 6 -LRB099 09046 RJF 29234 b


1 application pertains. If the application is made after 
2 June 15 in any year, the license fee shall be $500 for 
3 the applicant's
established place of business, and $50 
4 for each
additional place of business, if any, to which 
5 the
application pertains. License fees shall be 
6 returnable
only in the event that the application is 
7 denied by the Secretary of State; or
8   (B) a community-based manufactured home dealer's

9 license, when the applicant is selling 5 or more 
10 manufactured
homes during the calendar year not on 
11 behalf of a manufacturer of manufactured
homes, but 
12 within a community setting, shall be
accompanied by a 
13 license fee of $500 for the
applicant's established 
14 place of business, and $50 for
each additional place of 
15 business, if any, to which the
application pertains. If 
16 the application is made after
June 15 in any year, the 
17 license fee shall be $250 for
the applicant's 
18 established place of business, and $50
for each 
19 additional place of business, if any, to which the 
20 application pertains. License fees shall be
returnable 
21 only in the event that the application is
denied by the 
22 Secretary of State.
23   Of the monies received by the Secretary of State as 
24 license fees under this paragraph (6), 95% shall be 
25 deposited into the General Revenue Fund and 5% into the 
26 Motor Vehicle License Plate Fund.
 
 
SB1702 Enrolled- 7 -LRB099 09046 RJF 29234 b


1  (7) A statement that the applicant's officers,

2 directors, and shareholders having a 10% or greater

3 ownership interest therein, proprietor, a partner, member,

4 officer, director, trustee, manager, or other principals

5 in the business, have not committed in the past 3 years any

6 one violation, as determined in any civil, criminal, or

7 administrative hearing proceeding, of any one of the

8 following Acts:
9   (A) the Anti Theft Laws of the Illinois Vehicle

10 Code;
11   (B) the Certificate of Title Laws of the Illinois

12 Vehicle Code;
13   (C) the Offenses against Registration and

14 Certificates of Title Laws of the Illinois Vehicle 
15 Code;
16   (D) the Dealers, Transporters, Wreckers, and

17 Rebuilders Laws of the Illinois Vehicle Code;
18   (E) Section 21-2 of the Criminal Code of 2012

19 (criminal trespass to vehicles);
20   (F) the Retailers Occupation Tax Act;
21   (G) the Consumer Finance Act;
22   (H) the Consumer Installment Loan Act;
23   (I) the Retail Installment Sales Act;
24   (J) the Motor Vehicle Retail Installment Sales 
25 Act;
26   (K) the Interest Act;
 
 
SB1702 Enrolled- 8 -LRB099 09046 RJF 29234 b


1   (L) the Illinois Wage Assignment Act;
2   (M) Part 8 of Article XII of the Code of Civil

3 Procedure; or
4   (N) the Consumer Fraud Act.
5  (8) A statement that the applicant's officers,

6 directors, and shareholders having a 10% or greater

7 ownership interest therein, proprietor, a partner, member,

8 officer, director, trustee, manager, or other principals

9 in the business, have not been convicted in any calendar

10 year, as determined in any criminal proceeding, of a

11 forcible felony under the Criminal Code of 1961, the

12 Criminal Code of 2012, or a similar out-of-state offense.

13 For the purposes of this paragraph, "forcible felony" has

14 the meaning as defined in Section 2-8 of the Criminal Code

15 of 2012.
16  (9) A bond or certificate of deposit in the amount of

17 $20,000 for each license holder applicant intending to act

18 as a manufactured home dealer or community-based

19 manufactured home dealer under this Section. The bond shall

20 be for the term of the license, for which application is

21 made, and shall expire not sooner than December 31 of the

22 year for which the license was issued. The bond shall run

23 to the People of the State of Illinois, with surety by a

24 bonding or insurance company authorized to do business in

25 this State. It shall be conditioned upon the proper

26 transmittal of all title and registration fees and taxes

 
 
SB1702 Enrolled- 9 -LRB099 09046 RJF 29234 b


1 (excluding taxes under the Retailers' Occupation Tax Act)

2 accepted by the applicant as a manufactured home dealer.
3  (10) Dealers in business for over 5 years may

4 substitute a certificate of insurance in lieu of the bond

5 or certificate of deposit upon renewing their license.
6  (11) Any other information concerning the business of

7 the applicant as the Secretary of State may by rule

8 prescribe.
9  (12) A statement that the applicant has read and

10 understands Chapters 1 through 5 of this Code.
11 (d) Any change which renders no longer accurate any

12information contained in any application for a license under 
13this Section shall be amended within 30 days after the 
14occurrence of the change on a form the Secretary of State may 
15prescribe, by rule, accompanied by an amendatory fee of $25.
16 (e) The Secretary of State shall, within a reasonable time

17after receipt, examine an application submitted to him or her

18under this Section, and unless he or she makes a determination

19that the application submitted to him or her does not conform

20with the requirements of this Section or that grounds exist for

21a denial of the application under Section 5-501 of this

22Chapter, grant the applicant an initial manufactured home

23dealer's license or a community-based manufactured home

24dealer's license in writing for his or her established place
of 
25business and a supplemental license in writing for each

26additional place of business in a form the Secretary may

 
 
SB1702 Enrolled- 10 -LRB099 09046 RJF 29234 b


1prescribe by rule, which shall include the following:
2  (1) the name of the person or entity licensed;
3  (2) if a corporation, the name and address of its

4 officers; if a sole proprietorship, a partnership, an

5 unincorporated association, or any similar form of

6 business organization, the name and address of the

7 proprietor, or the name and address of each partner,

8 member, officer, director, trustee or manager; or if a

9 limited liability company, the name and address of the

10 general partner or partners, or managing member or members;
11  (3) in the case of an original license, the established 
12 place of business of the licensee;
13  (4) in the case of a supplemental license, the

14 established place of business of the licensee and the

15 additional place of business to which the supplemental

16 license pertains; and
17  (5) if applicable, the make or makes of new

18 manufactured homes or park models to which a manufactured 
19 home dealer is licensed to sell.
20 (f) The appropriate instrument evidencing the license or a

21certified copy of the instrument, provided by the Secretary of

22State, shall be kept posted conspicuously in the established

23place of business of the licensee and in each additional place

24of business, if any, maintained by the licensee, unless the

25licensee is a community-based manufactured home dealer, then

26the license shall be posted in the community-based manufactured

 
 
SB1702 Enrolled- 11 -LRB099 09046 RJF 29234 b


1home dealer's central office and it shall include a list of the

2other locations that the community-based manufactured home

3dealer may oversee.
4 (g) Except as provided in subsection (i) of this Section,

5all licenses granted under this Section shall expire by 
6operation of law on December 31 of the calendar year for which 
7the licenses were granted, unless sooner revoked or cancelled 
8under the provisions of Section 5-501 of this Chapter.
9 (h) All persons licensed as a manufactured home dealer or a

10community-based manufactured home dealer are required to

11furnish each purchaser of a manufactured home or park model:
12  (1) in the case of a new manufactured home or park 
13 model, a manufacturer's statement of origin, and in the 
14 case of a previously owned manufactured home or park model, 
15 a certificate of title, in either case properly assigned to 
16 the purchaser;
17  (2) a statement verified under oath that all

18 identifying numbers on the vehicle match the identifying 
19 numbers on the certificate of title or manufacturer's 
20 statement of origin;
21  (3) a bill of sale properly executed on behalf of the

22 purchaser;
23  (4) a copy of the Uniform Invoice-transaction

24 reporting return form referred to in Section 5-402; and
25  (5) for a new manufactured home or park model, a 
26 warranty, and in the case of a manufactured home or park 
 
 
SB1702 Enrolled- 12 -LRB099 09046 RJF 29234 b


1 model for which the warranty has been reinstated, a copy of 
2 the warranty; if no warranty is provided, a disclosure or 
3 statement that the manufactured home or park model is being 
4 sold "AS IS".
5 (i) This Section shall not apply to a (i) seller who 
6privately owns his or her manufactured home or park model as 
7his or her main residence and is selling the manufactured home 
8or park model to another individual or to a licensee; (ii) a 
9retailer or entity licensed under either Section 5-101 or 5-102 
10of this Code; or (iii) an individual or entity licensed to sell 
11truck campers, travel trailers, motor homes, or mini motor 
12homes as defined by this Code. Any vehicle not covered by this 
13Section that requires an individual or entity to obtain a 
14license to sell 5 or more vehicles must obtain a license under 
15the relevant provisions of this Code.
16 (j) This Section shall not apply to any person licensed

17under the Real Estate License Act of 2000.
18 (k) The Secretary of State may adopt any rules necessary to 
19implement this Section. 




20 (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)



21 Sec. 5-401.2. Licensees required to keep records and make 
22inspections. 

23 (a) Every person licensed or required to be licensed under 
24Section 5-101,
5-101.1, 5-101.2, 5-102, 5-301 or 5-302 of this 
25Code, shall, with the exception of
scrap
processors, maintain 
 
 
SB1702 Enrolled- 13 -LRB099 09046 RJF 29234 b


1for 3 years, in a form as the Secretary of State may by
rule or 
2regulation prescribe, at his established place of business, 
3additional
place of business, or principal place of business if 
4licensed under Section
5-302, the following records relating to 
5the acquisition or disposition of
vehicles and their essential 
6parts possessed in this State, brought into this
State from 
7another state, territory or country, or sold or transferred to

8another person in this State or in another state, territory, or 
9country.


10  (1) The following records pertaining to new or used 
11 vehicles shall be
kept:


12   (A) the year, make, model, style and color of the 
13 vehicle;


14   (B) the vehicle's manufacturer's identification 
15 number or, if
applicable, the Secretary of State or 
16 Illinois Department of State Police
identification 
17 number;


18   (C) the date of acquisition of the vehicle;


19   (D) the name and address of the person from whom 
20 the vehicle was
acquired and, if that person is a 
21 dealer, the Illinois or out-of-state
dealer license 
22 number of such person;


23   (E) the signature of the person making the 
24 inspection of a used vehicle
as required under 
25 subsection (d) of this Section, if applicable;


26   (F) the purchase price of the vehicle, if 
 
 
SB1702 Enrolled- 14 -LRB099 09046 RJF 29234 b


1 applicable;


2   (G) the date of the disposition of the vehicle;


3   (H) the name and address of the person to whom any 
4 vehicle was
disposed, and if that person is a dealer, 
5 the Illinois
or out-of-State dealer's license number 
6 of that dealer;


7   (I) the uniform invoice number reflecting the 
8 disposition of the
vehicle, if applicable; and


9   (J) The sale price of the vehicle, if applicable.


10  (2) (A) The following records pertaining to used 
11 essential
parts other than quarter panels and 
12 transmissions of vehicles of the first
division shall be 
13 kept:


14   (i) the year, make, model, color and type of such 
15 part;


16   (ii) the vehicle's manufacturer's identification 
17 number, derivative
number, or, if applicable, the 
18 Secretary of State or Illinois Department of
State 
19 Police identification number of such part;


20   (iii) the date of the acquisition of each part;


21   (iv) the name and address of the person from whom 
22 the part was
acquired and, if that person is a dealer, 
23 the Illinois or out-of-state
dealer license number of 
24 such person; if the essential part being acquired
is 
25 from a person other than a dealer, the licensee shall 
26 verify and record
that person's identity by recording 
 
 
SB1702 Enrolled- 15 -LRB099 09046 RJF 29234 b


1 the identification numbers from at
least two sources of 
2 identification, one of which shall be a drivers
license 
3 or State identification card;


4   (v) the uniform invoice number or out-of-state 
5 bill of sale number
reflecting the acquisition of such 
6 part;


7   (vi) the stock number assigned to the essential 
8 part by the licensee,
if applicable;


9   (vii) the date of the disposition of such part;


10   (viii) the name and address of the person to whom 
11 such
part was disposed of and, if that person is a 
12 dealer, the Illinois or
out-of-state dealer license 
13 number of that person;


14   (ix) the uniform invoice number reflecting the 
15 disposition of
such part.


16  (B) Inspections of all essential parts shall be 
17 conducted in accordance
with Section 5-402.1.


18  (C) A separate entry containing all of the information 
19 required to be
recorded in subparagraph (A) of paragraph 
20 (2) of subsection (a) of this
Section shall be made for 
21 each separate essential part. Separate entries
shall be 
22 made regardless of whether the part was a large purchase

23 acquisition. In addition, a separate entry shall be made 
24 for each part
acquired for immediate sale or transfer, or 
25 for placement into the overall
inventory or stock to be 
26 disposed of at a later time, or for use on a
vehicle to be 
 
 
SB1702 Enrolled- 16 -LRB099 09046 RJF 29234 b


1 materially altered by the licensee, or acquired for any 
2 other
purpose or reason. Failure to make a separate entry 
3 for each essential part
acquired or disposed of, or a 
4 failure to record any of the specific
information required 
5 to be recorded concerning the acquisition or
disposition of 
6 each essential part as set forth in subparagraph (A) of

7 paragraph (2) of subsection (a) shall constitute a failure 
8 to keep records.


9  (D) The vehicle's manufacturer's identification number 
10 or Secretary of
State or Illinois Department of State 
11 Police identification number for the
essential part shall 
12 be ascertained and recorded even if such part is
acquired 
13 from a person or dealer located in a State, territory, or 
14 country
which does not require that such information be 
15 recorded. If the vehicle's
manufacturer's identification 
16 number or Secretary of State or
Illinois Department of 
17 State Police identification number for an essential part

18 cannot be obtained, that part shall not be acquired by the 
19 licensee or any of
his agents or employees. If such part or 
20 parts were physically acquired by the
licensee or any of 
21 his agents or employees while the licensee or
agent or 
22 employee was outside this State, that licensee or agent or

23 employee was outside the State, that licensee, agent or 
24 employee shall not
bring such essential part into this 
25 State or cause it to be brought into
this State. The 
26 acquisition or disposition of an essential part by a

 
 
SB1702 Enrolled- 17 -LRB099 09046 RJF 29234 b


1 licensee without the recording of the vehicle 
2 identification number or
Secretary of State identification 
3 number for such part or the
transportation into the State 
4 by the licensee or his agent or employee of
such part or 
5 parts shall constitute a failure to keep records.


6  (E) The records of essential parts required to be kept 
7 by this Section
shall apply to all hulks, chassis, frames 
8 or cowls, regardless of the age
of those essential parts. 
9 The records required to be kept by this Section
for 
10 essential parts other than hulks, chassis, frames or cowls, 
11 shall apply
only to those essential parts which are 6 model 
12 years of age or newer. In
determining the model year of 
13 such an essential part it may be presumed
that the 
14 identification number of the vehicle from which the 
15 essential part
came or the identification number affixed to 
16 the essential part itself
acquired by the licensee denotes 
17 the model year of that essential part.
This presumption, 
18 however, shall not apply if the gross appearance of the

19 essential part does not correspond to the year, make or 
20 model of either the
identification number of the vehicle 
21 from which the essential part is
alleged to have come or 
22 the identification number which is affixed to the
essential 
23 part itself. To determine whether an essential part is 6 
24 years
of age or newer within this paragraph, the model year 
25 of the
essential part shall be subtracted from the calendar 
26 year in which the
essential part is acquired or disposed of 
 
 
SB1702 Enrolled- 18 -LRB099 09046 RJF 29234 b


1 by the licensee. If the
remainder is 6 or less, the record 
2 of the acquisition or disposition of
that essential part 
3 shall be kept as required by this Section.


4  (F) The requirements of paragraph (2) of subsection (a) 
5 of this
Section shall not apply to the disposition of an 
6 essential part other than
a cowl which has been damaged or 
7 altered to a state in which it can no
longer be returned to 
8 a usable condition and which is being sold or
transferred 
9 to a scrap processor or for delivery to a scrap processor.

10 (3) the following records for vehicles on which junking 
11certificates are
obtained shall be kept:


12  (A) the year, make, model, style and color of the 
13 vehicle;


14  (B) the vehicle's manufacturer's identification number 
15 or, if
applicable, the Secretary of State or Illinois 
16 Department of State Police
identification number;


17  (C) the date the vehicle was acquired;


18  (D) the name and address of the person from whom the 
19 vehicle was
acquired and, if that person is a dealer, the 
20 Illinois or out-of-state
dealer license number of that 
21 person;


22  (E) the certificate of title number or salvage 
23 certificate number for
the vehicle, if applicable;


24  (F) the junking certificate number obtained by the 
25 licensee; this entry
shall be recorded at the close of 
26 business of the fifth business
day after
receiving the 
 
 
SB1702 Enrolled- 19 -LRB099 09046 RJF 29234 b


1 junking certificate;


2  (G) the name and address of the person to whom the 
3 junking certificate
has been assigned, if applicable, and 
4 if that person is a dealer, the Illinois
or out-of-state 
5 dealer license number of that dealer;


6  (H) if the vehicle or any part of the vehicle is 
7 dismantled for its
parts to be disposed of in any way, or 
8 if such parts are to be used by the
licensee to materially 
9 alter a vehicle, those essential parts shall be
recorded 
10 and the entries required by
paragraph (2) of subsection (a) 
11 shall be made.

12 (4) The following records for rebuilt vehicles shall be 
13kept:


14  (A) the year, make, model, style and color of the 
15 vehicle;


16  (B) the vehicle's manufacturer's identification number 
17 of the vehicle
or, if applicable, the Secretary of State or 
18 Illinois Department of State
Police identification number;


19  (C) the date the vehicle was acquired;


20  (D) the name and address of the person from whom the

21 vehicle was acquired, and if that person is a dealer, the 
22 Illinois or
out-of-state dealer license number of that

23 person;


24  (E) the salvage certificate number for the vehicle;


25  (F) the newly issued certificate of title number for 
26 the vehicle;


 
 
SB1702 Enrolled- 20 -LRB099 09046 RJF 29234 b


1  (G) the date of disposition of the vehicle;


2  (H) the name and address of the person to whom the 
3 vehicle was
disposed, and if a dealer, the Illinois or 
4 out-of-state dealer license
number of that dealer;


5  (I) The sale price of the vehicle.

6 (a-1) A person licensed or required to be licensed under 
7Section 5-101 or
Section 5-102 of this Code who issues 
8temporary registration permits as
permitted by
this Code and by 
9rule must electronically file the registration with the

10Secretary and must maintain records of the registration in the 
11manner
prescribed by the Secretary.

12 (b) A failure to make separate entries for each vehicle 
13acquired,
disposed of, or assigned, or a failure to record any 
14of the specific
information required to be recorded concerning 
15the acquisition or
disposition of each vehicle as set forth in 
16paragraphs (1),
(3) and (4) of subsection (a) shall constitute 
17a failure to keep records.

18 (c) All entries relating to the acquisition of a vehicle or 
19essential
part required by subsection (a) of this Section shall 
20be recorded no later than
the close of business on the seventh 
21calendar day following such acquisition.
All entries relating 
22to the disposition of a vehicle or an essential part
shall be 
23made at the time of such disposition. If the vehicle or 
24essential
part was disposed of on the same day as its 
25acquisition or the day
thereafter, the entries relating to the 
26acquisition of the vehicle or
essential part shall be made at 
 
 
SB1702 Enrolled- 21 -LRB099 09046 RJF 29234 b


1the time of the disposition of the vehicle
or essential part. 
2Failure to make the entries required in or at the times

3prescribed by this subsection following the acquisition or 
4disposition of
such vehicle or essential part shall constitute 
5a failure to keep records.

6 (d) Every person licensed or required to be licensed shall,

7before accepting delivery of a used vehicle, inspect the

8vehicle to determine whether the manufacturer's public vehicle

9identification number has been defaced, destroyed,
falsified, 
10removed, altered, or tampered with in any way. If the person

11making the inspection determines that the manufacturer's 
12public vehicle
identification number has been altered, 
13removed, defaced, destroyed,
falsified or tampered with he 
14shall not acquire that vehicle but instead
shall promptly 
15notify law enforcement authorities of his finding.

16 (e) The information required to be kept in subsection (a) 
17of this
Section shall be kept in a manner prescribed by rule or 
18regulation of the
Secretary of State.

19 (f) Every person licensed or required to be licensed shall 
20have in his
possession a separate certificate of title, salvage 
21certificate, junking
certificate, certificate of purchase, 
22uniform invoice, out-of-state bill of
sale or other acceptable 
23documentary evidence of his right to the
possession of every 
24vehicle or essential part.

25 (g) Every person licensed or required to be licensed as a 
26transporter
under Section 5-201 shall maintain for 3 years, in 
 
 
SB1702 Enrolled- 22 -LRB099 09046 RJF 29234 b


1such form as the
Secretary of State may by rule or regulation 
2prescribe, at his principal
place of business a record of every 
3vehicle transported by him, including
numbers of or other marks 
4of identification thereof, the names and
addresses of persons 
5from whom and to whom the vehicle was delivered and
the dates 
6of delivery.

7 (h) No later than 15 days prior to going out of business, 
8selling the
business, or transferring the ownership of the 
9business, the licensee shall
notify the Secretary of State that 
10he is going out of business or that he
is transferring the 
11ownership of the business. Failure to notify under this

12paragraph shall constitute a failure to keep records.

13 (i) (Blank).

14 (j) A person who knowingly fails to comply with the 
15provisions of this
Section or
knowingly fails to obey, observe, 
16or comply with any order of the Secretary or
any law

17enforcement agency issued
in accordance with this Section is 
18guilty of a Class B misdemeanor for the
first violation and a 
19Class A misdemeanor for the second and subsequent
violations. 
20Each violation constitutes a separate and distinct offense and 
21a
separate count may be brought in the same indictment or 
22information for each
vehicle or each essential part of a 
23vehicle for which a record was not kept as
required by this 
24Section.

25 (k) Any person convicted of failing to keep the records 
26required by this
Section with intent to conceal the identity or 
 
 
SB1702 Enrolled- 23 -LRB099 09046 RJF 29234 b


1origin of a vehicle or its
essential parts or with intent to 
2defraud the public in the transfer or sale of
vehicles or their 
3essential parts is guilty of a Class 2 felony. Each violation

4constitutes a separate and distinct offense and a separate 
5count may be brought
in the same indictment or information for 
6each vehicle or
essential part of a vehicle for which a record 
7was not kept as required by this
Section.

8 (l) A person may not be criminally charged with or 
9convicted of both a
knowing failure to comply with this Section 
10and a knowing failure to comply
with any order, if both 
11offenses involve the same record keeping violation.

12 (m) The Secretary shall adopt rules necessary for 
13implementation of this
Section, which may include the 
14imposition of administrative fines.

15(Source: P.A. 91-415, eff. 1-1-00; 92-773, eff. 8-6-02.)