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Northern Ill. Auto. Wreckers v. Dixon

OPINION FILED JANUARY 26, 1979.

NORTHERN ILLINOIS AUTOMOBILE WRECKERS AND REBUILDERS ASSOCIATION ET AL., APPELLEES,

v.

ALAN J. DIXON, SECRETARY OF STATE, APPELLANT.



Appeal from the Circuit Court of Cook County, the Hon. Raymond K. Berg, Judge, presiding.

MR. JUSTICE MORAN DELIVERED THE OPINION OF THE COURT:

Rehearing denied March 30, 1979.

Defendant has brought this direct appeal under Supreme Court Rule 302(b) (58 Ill.2d R. 302(b)) from an order of the circuit court of Cook County. The order declared the Secretary of State's Administrative Rule 5-401A unconstitutional and void, and enjoined its enforcement.

Plaintiffs are a trade association composed of business entities which are required to be licensed under section 5-301 of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1977, ch. 95 1/2, par. 5-301) and a corporation so licensed. Defendant, the Secretary of State, is empowered under section 2-101 of the Code (Ill. Rev. Stat. 1977, ch. 95 1/2, par. 2-101) to administer chapters 2 through 9 of the Code, and, as administrator, promulgated Rule 5-401A in August 1978. The rule requires those licensed under section 5-301 of the Code, including used parts dealers, scrap processors, and automotive parts recyclers and rebuilders, to maintain records of certain information on the acquisition and disposition of vehicles and parts.

Shortly after the rule was promulgated, plaintiffs brought an action for declaratory judgment and injunctive relief. This appeal followed a judgment for the plaintiffs. At issue here are the questions of (1) whether Rule 5-401A is unconstitutionally vague under the due process clauses of the Illinois Constitution and the fifth and fourteenth amendments to the United States Constitution, and (2) whether defendant exceeded his statutory authority in promulgating the rule.

Rule 5-401A states in pertinent part:

"Each person or firm licensed pursuant to Section 5-301 of the Illinois Vehicle Code is required to maintain for a period of three years subsequent to the acquisition, disposal, wrecking, rebuilding or scraping [sic] of vehicles or parts thereof, a uniform record of such transactions at his principal place of business. * * *

1. Upon the Purchase, Receipt or Acquisition of Vehicles, Parts, Bodies or Engines, the following information must be recorded.

A. The name, address, and verification of same, of the person from whom acquired. Verification shall be by Driver's License, or if none, then State Identification Card, or if none, other reliable identification.

B. The date and type of acquisition (i.e. sale, exchange, etc.)

C. The purchase price and type of payment (check, cash, etc.)

D. A description of the vehicle or ...


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