Lindsey v. Edgar

473 N.E.2d 92, 129 Ill. App. 3d 718, 84 Ill. Dec. 876, 1984 Ill. App. LEXIS 2625
CourtAppellate Court of Illinois
DecidedDecember 28, 1984
Docket4-84-0341
StatusPublished
Cited by15 cases

This text of 473 N.E.2d 92 (Lindsey v. Edgar) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lindsey v. Edgar, 473 N.E.2d 92, 129 Ill. App. 3d 718, 84 Ill. Dec. 876, 1984 Ill. App. LEXIS 2625 (Ill. Ct. App. 1984).

Opinion

JUSTICE McCULLOUGH

delivered the opinion of the court:

Pursuant to section 5 — 501(a) of the Illinois Vehicle Code, (Ill. Rev. Stat. 1981, ch. 951/2, par. 5 — 501(a)), the Secretary of State revoked the dealer’s licenses issued to the plaintiff, Raymond Dean Lindsey. Lindsey filed for administrative review, but the circuit court of Sangamon County affirmed the Secretary’s decision. Lindsey appeals, contending his conduct was not sufficient to justify revocation of his licenses.

Prior to 1984, section 3 — 118.1 of the Code provided, in part:

“Whenever a certificate of title is issued for a vehicle with respect to which a salvage certificate has been previously issued, the new certificate of title shall bear the initials ‘S.V.’.” (Ill. Rev. Stat. 1981, ch. 951/2, par. 3 — 118.1.)

In 1981, Lindsey participated in a scheme designed to “launder” Illinois titles bearing the initials S.V.

The facts are not in dispute. Lindsey repaired and sold used cars through Lindsey Auto Sales and Dean’s Hatch & Sunroofs. He purchased six vehicles that had salvage certificates and rebuilt them. He also applied for and received Illinois titles marked S.V. for each car. Lindsey assigned these titles to Missouri car dealers. In five of six cases, the Missouri dealer submitted the Illinois S.V. title to the State of Missouri and obtained a “clean” Missouri title, one not indicating the car had been salvaged. In the other instance, the Missouri dealer reassigned the title to a Kentucky dealer, who obtained a “clean” Kentucky title. The six cars, however, never left Lindsey’s possession. The Missouri and Kentucky dealers assigned their out-of-State titles back to Lindsey. Lindsey then resold the automobiles, giving the purchasers “clean” out-of-State titles. Lindsey sold five of the cars to other Illinois used car dealers. He sold the sixth car to his cousin. According to Lindsey, all the purchasers knew the vehicles had been damaged and repaired. In four instances, the purchaser or a subsequent assignee submitted the out-of-State title to the Secretary of State and received an Illinois title without the initials S.V. on it.

In 1982, Lindsey was indicted on six counts of mail fraud for his participation in “laundering” the titles. In a statement to a postal inspector, Lindsey estimated that removing the S.V. notation increased the value of a car $400 to $500. Lindsey also stated he gave the Missouri dealers about $50 per title to obtain the out-of-State titles. Finally, he conceded the deals were only paper transactions designed to circumvent Illinois law. A jury convicted him of the . Federal charges, and the Appellate Court for the Seventh Circuit upheld his conviction in United States v. Lindsey (7th Cir. 1984), 736 F.2d 433.

On March 31, 1983, the Secretary of State held a hearing to determine whether Lindsey’s licenses should be revoked under section 5 — 501(a). The relevant portions of that statute are as follows:

“The license of a person issued under this Chapter may be denied, revoked or suspended if the Secretary of State .finds that the licensee, *** has:
1. Violated this Act;
2. Made any material misrepresentation to the Secretary of State in connection with an application for a license, junking certificate, salvage certificate, title or registration;
3. Been guilty of a fraudulent act in connection with selling, bartering, exchanging, offering for sale or otherwise dealing in vehicles, bodies and component parts;
* * *
12. Violated the provisions of Chapter 4 of this Act, as amended;
13. Violated the provisions of Chapter 3 of this Act, as amended.” (Ill. Rev. Stat. 1981, ch. 951/2, par. 5 — 501(a).)

Lindsey maintains his conduct did not fall within any of the above proscriptions of section 5 — 501(a). The Secretary of State decided Lindsey’s conduct was sufficient to justify revocation of his licenses. On review, the trial court agreed.

As Lindsey notes, we are not bound by the Secretary of State’s decision. When the facts are not in dispute, their legal effect becomes a matter of law, and upon questions of law, the decision of an administrative agency does not bind the reviewing court. (Kensington Steel Corp. v. Industrial Com. (1944), 385 Ill. 504, 509, 53 N.E.2d 395, 397.) On the other hand, the Secretary’s interpretation of section 5 — 501(a) is not totally irrelevant. “The cardinal rule of statutory construction, to which all other canons and rules are subordinate, is to ascertain and give effect to the true intent and meaning of the legislature.” (People ex rel. Hanrahan v. White (1972), 52 Ill. 2d 70, 73, 285 N.E.2d 129, 130.) Statutory interpretations by administrative agencies express an informed source for ascertaining the legislative intent. Adams v. Jewel Cos. (1976), 63 Ill. 2d 336, 344-45, 348 N.E.2d 161, 165.

Generally, the interpretation of a statute must be grounded on the nature and object of the statute as well as the consequences which would result from construing it one way or another. (Andrews v. Foxworthy (1978), 71 Ill. 2d 13, 21, 373 N.E.2d 1332, 1335.) The predominant purpose in licensing a trade or profession is to prevent injury to the public by assuring that the occupation will be practiced with honesty and integrity and by excluding those who are incompetent or unworthy. Ranquist v. Stackler (1977), 55 Ill. App. 3d 545, 551, 370 N.E.2d 1198, 1203.

With this purpose in mind, we turn to the Secretary’s findings in this case. The Secretary decided Lindsey had violated section 3— 118.1. His licenses, therefore, could be revoked under either section 5 — 501(a)(1) or (13). The Secretary first looked to the legislative background of section 3 — 118.1. Under the original bill, the word “rebuilt” was to appear on titles rather than the initials S.V. One purpose of the bill was to track titles of salvaged cars, which had been a major problem in “laundering” of titles to stolen cars. The bill also provided consumer protection by informing the purchasing public when a car had been rebuilt. To appease the rebuilder’s association, however, the Senate deleted the word “rebuilt” and substituted S.V. S.V. simply stands for salvage vehicle. At first, the House refused to concur with the Senate amendment. The House felt the bill’s consumer protection quality would be substantially weakened. After a joint committee voted to adopt the Senate amendment, the House accepted it. The House sponsor and other members, however, contemplated a campaign by the Secretary of State to inform the general public as to what the initials S.V. meant.

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Bluebook (online)
473 N.E.2d 92, 129 Ill. App. 3d 718, 84 Ill. Dec. 876, 1984 Ill. App. LEXIS 2625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsey-v-edgar-illappct-1984.