99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2860

 

Introduced 2/17/2016, by Sen. Jim Oberweis

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/5-100  from Ch. 95 1/2, par. 5-100
625 ILCS 5/5-102.1  from Ch. 95 1/2, par. 5-102.1
625 ILCS 5/5-106  from Ch. 95 1/2, par. 5-106

    Amends the Illinois Vehicle Code. Allows for the sale of motor vehicles by licensed dealers on any 6 days of the week to be chosen by the licensed dealers. Makes conforming changes. Effective immediately.


LRB099 20634 AXK 45222 b

 

 

A BILL FOR

 

SB2860LRB099 20634 AXK 45222 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
5Sections 5-100, 5-102.1, and 5-106 as follows:
 
6    (625 ILCS 5/5-100)  (from Ch. 95 1/2, par. 5-100)
7    Sec. 5-100. Definitions. For the purposes of this Chapter,
8the following words shall have the meanings ascribed to them as
9follows:
10    "Additional place of business" means a place owned or
11leased and occupied by the dealer in addition to its
12established place of business, at which the dealer conducts or
13intends to conduct business on a permanent or long term basis.
14The term does not include an area where an off site sale or
15exhibition is conducted. The Secretary of State shall adopt
16guidelines for the administration and enforcement of this
17definition by rule.
18    "Display exhibition" means a temporary display of vehicles
19by a dealer licensed under Section 5-101 or 5-102, at a
20location at which no vehicles are offered for sale, that is
21conducted at a place other than the dealer's established and
22additional places of business.
23    "Established place of business" means the place owned or

 

 

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1leased and occupied by any person duly licensed or required to
2be licensed as a dealer for the purpose of engaging in selling,
3buying, bartering, displaying, exchanging or dealing in, on
4consignment or otherwise, vehicles and their essential parts
5and for such other ancillary purposes as may be permitted by
6the Secretary by rule. It shall include an office in which the
7dealer's records shall be separate and distinct from any other
8business or tenant which may occupy space in the same building
9except as provided in Section 5-101.1. This office shall not be
10located in a house trailer, residence, tent, temporary stand,
11temporary address, room or rooms in a hotel or rooming house,
12nor the premises occupied by a single or multiple unit
13residence. The established place of business of a scrap
14processor shall be the fixed location where the scrap processor
15maintains its principal place of business. The Secretary of
16State shall, by rule and regulation, adopt guidelines for the
17administration and enforcement of this definition, such as, but
18not limited to issues concerning the required hours of
19operation, describing where vehicles are displayed and offered
20for sale, where books and records are maintained and
21requirements for the fulfillment of warranties. A dealer may
22have an additional place of business as defined under this
23Section.
24    "Motor vehicle financing affiliate" means a business
25organization registered to do business in Illinois that,
26pursuant to a written contract with either (1) a single new or

 

 

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1used motor vehicle dealer or (2) a single group of new or used
2motor vehicle dealers that share a common ownership within the
3group, purchases new or used motor vehicles on behalf of the
4dealer or group of dealers and then sells, transfers, or
5assigns those motor vehicles to the dealer or group of dealers.
6The motor vehicle financing affiliate must be incorporated or
7organized solely to purchase new or used vehicles on behalf of
8the new or used motor vehicle dealer or group of dealers with
9which it has contracted, shall not sell motor vehicles at
10retail, shall perform only those business functions related to
11the purchasing of motor vehicles and selling, transferring, or
12assigning those motor vehicles to the dealer or group of
13dealers. The motor vehicle financing affiliate must be licensed
14under the provisions of Section 5-101.1 and must not be
15licensed as a new or used motor vehicle dealer.
16    "Off site sale" means the temporary display and sale of
17vehicles, for a period of not more than 7 calendar days
18(excluding Sundays or any other day chosen by a dealer), by a
19dealer licensed under Section 5-101 or 5-102 at a place other
20than the dealer's established and additional places of
21business.
22    "Relevant market area", for a new vehicle dealer licensed
23under Section 5-101 and for a used vehicle dealer licensed
24under Section 5-102, means the area within 10 miles of the
25established or additional place of business of the dealer
26located in a county with a population of 300,000 or more, or

 

 

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1within 15 miles if the established place of business is located
2in a county with a population of less than 300,000.
3    "Trade show exhibition" means a temporary display of
4vehicles, by dealers licensed under Section 5-101 or 5-102, or
5any other person as defined in subsection (c) of Section
65-102.1, at a location at which no vehicles are offered for
7sale that is conducted at a place other than the dealer's
8established and additional places of business. In order for a
9display exhibition to be considered a trade show exhibition, it
10must be participated in by at least 3 dealers, 2 of which must
11be licensed under Section 5-101 or 5-102; and a trade show
12exhibition of new vehicles shall only be participated in by
13licensed new vehicle dealers at least 2 of which must be
14licensed under Section 5-101.
15(Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)
 
16    (625 ILCS 5/5-102.1)  (from Ch. 95 1/2, par. 5-102.1)
17    Sec. 5-102.1. Permits for off site sales and exhibitions.
18    (a) A licensed new or used motor vehicle dealer licensed
19under Section 5-101 or 5-102 shall not engage in any off site
20sale without an off site sale permit issued by the Secretary
21under this Section.
22    The Secretary shall issue an off site sale permit to a
23dealer if:
24        (1) an application therefor is received by the
25    Secretary prior to the beginning date of the proposed off

 

 

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1    site sale, accompanied by a fee of $25;
2        (2) the applicant is a licensed new vehicle dealer or
3    used vehicle dealer in good standing; and
4        (3) the Secretary determines that the proposed off site
5    sale will conform with the requirements imposed by law.
6    However, in no event shall an off site sale permit be
7issued to any licensed new or used vehicle dealer for any off
8site sale to be conducted outside that dealer's relevant market
9area, as that term is defined in this Chapter, except that this
10restriction shall not apply to off site sales of motor homes or
11recreational vehicles.
12    The provisions of this subsection shall not apply to
13self-contained motor homes, mini motor homes, van campers, and
14recreational trailers, including trailers designed and used to
15transport vessels or watercraft.
16    An off site sale permit does not authorize the sale of
17vehicles on a Sunday.
18    (b) Only a new or used vehicle dealer licensed under
19Section 5-101 or 5-102 may participate in a display exhibition
20and shall obtain a display exhibition permit issued by the
21Secretary under this Section.
22    The Secretary shall issue a display exhibition permit to a
23dealer if:
24        (1) an application therefor is received by the
25    Secretary prior to the beginning date of the proposed
26    exhibition, accompanied by a fee of $10;

 

 

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1        (2) the applicant is a licensed new vehicle dealer or
2    used vehicle dealer in good standing; and
3        (3) the Secretary determines that the proposed
4    exhibition will conform with the requirements imposed by
5    law.
6    A display exhibition permit shall be valid for a period of
7no longer than 30 days.
8    (c) A licensed new or used motor vehicle dealer under
9Section 5-101 or 5-102, or any other person as defined in this
10Section, may participate in a trade show exhibition and must
11obtain a trade show exhibition permit issued by the Secretary
12under this Section.
13    The Secretary shall issue a trade show exhibition permit
14if:
15        (1) an application is received by the Secretary before
16    the beginning date of the proposed trade show exhibition,
17    accompanied by a fee of $10;
18        (2) the applicant is a licensed new vehicle dealer or
19    used vehicle dealer in good standing; and
20        (3) the Secretary determines that the proposed trade
21    show exhibition shall conform with the requirements
22    imposed by law.
23    A trade show exhibition permit shall be valid for a period
24of no longer than 30 days.
25    The provisions of this subsection shall not apply to
26self-contained motor homes, mini motor homes, van campers, and

 

 

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1recreational trailers, including trailers designed and used to
2transport vessels or watercraft.
3    The term "any other person" shall mean new or used vehicle
4dealers licensed by other states; provided however, a trade
5show exhibition of new vehicles shall only be participated in
6by licensed new vehicle dealers, at least 2 of which must be
7licensed under Section 5-101.
8    (d) An Illinois or out-of-state licensed new or used
9trailer dealer, manufactured home dealer, motor home dealer,
10mini motor home dealer, or van camper dealer shall not engage
11in any off site sale or trade show exhibition without first
12acquiring a permit issued by the Secretary under this
13subsection. However, the provisions of this Section shall not
14apply to a licensed trailer dealer selling a mobile home or
15manufactured housing, as defined in the Illinois Manufactured
16Housing and Mobile Home Safety Act, if the manufactured housing
17or mobile home has utilities permanently attached. The
18Secretary shall issue a permit to an Illinois dealer if:
19        (1) an application is received by the Secretary before
20    the beginning date of the proposed off site sale or trade
21    show exhibition, accompanied by a fee of $25;
22        (2) the applicant is a licensed new or used vehicle
23    dealer in good standing; and
24        (3) the Secretary determines that the proposed off site
25    sale or trade show exhibition will conform with the
26    requirements imposed by law.

 

 

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1    The Secretary shall issue a permit to an out-of-state
2dealer if the requirements of subdivisions (1), (2), and (3) of
3this subsection (d) are met and at least 2 licensed Illinois
4dealers will participate in the off site sale or trade show
5exhibition.
6    A permit issued pursuant to this subsection shall allow for
7the sale of vehicles at either an off site sale or at a trade
8show exhibition. The permit shall be valid for a period not to
9exceed 30 days.
10    (e) The Secretary of State may adopt rules regulating the
11conduct of off site sales and exhibitions, and governing the
12issuance and enforcement of the permits authorized under this
13Section.
14(Source: P.A. 90-718, eff. 1-1-99; 90-774, eff. 8-14-98;
1591-357, eff. 7-29-99.)
 
16    (625 ILCS 5/5-106)  (from Ch. 95 1/2, par. 5-106)
17    Sec. 5-106. No person may keep open, operate, or assist in
18keeping open or operating any established or additional place
19of business for the purpose of buying, selling, bartering,
20exchanging, or leasing for a period of 1 year or more, or
21offering for sale, barter, exchange, or lease for a period of 1
22year or more, any motor vehicle, whether new or used, for more
23than 6 days a week chosen by the business owner on the first
24day of the week, commonly called Sunday; provided, that this
25Section does not apply to the opening of an established or

 

 

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1additional place of business on Sunday for the following
2purposes:
3        (1) to sell petroleum products, tires or repair parts
4    and accessories;
5        (2) to operate and conduct a motor vehicle repair shop;
6        (3) to supply services for the washing, towing or
7    wrecking of motor vehicles;
8        (4) to participate in a trade show exhibition or
9    display exhibition by a dealer who has been granted a
10    permit by the Secretary of State pursuant to Section
11    5-102.1 of this Article;
12        (5) to sell motorcycles, motor driven cycles,
13    motorized pedalcycles when offered for sale by a dealer
14    licensed under Sections 5-101 and 5-102 to sell only such
15    motor vehicles;
16        (6) to offer for sale manufactured housing;
17        (7) to sell self-contained motor homes, mini motor
18    homes, van campers and recreational trailers when offered
19    for sale by a dealer at an established or additional place
20    of business where only such vehicles are displayed or
21    offered for sale. This exemption includes dealers with off
22    site sales or trade show exhibition permits issued pursuant
23    to subsection (d) of Section 5-102.1 of this Article.
24(Source: P.A. 89-551, eff. 1-1-97.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.