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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,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by | ||||||
| 5 | changing Section 5-102.1 as follows:
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| 6 | (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
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| 7 | Sec. 5-102.1. Permits for off site sales and exhibitions.
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| 8 | (a) A licensed new or used motor vehicle dealer licensed | ||||||
| 9 | under Section
5-101 or
5-102 shall not engage in any off site | ||||||
| 10 | sale without an off site sale permit
issued by the Secretary | ||||||
| 11 | under this Section.
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| 12 | The Secretary shall issue an off site sale permit to a | ||||||
| 13 | dealer if:
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| 14 | (1) an application therefor is received by the | ||||||
| 15 | Secretary prior to the beginning date of the proposed off | ||||||
| 16 | site sale, accompanied
by a fee of $25;
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| 17 | (2) the applicant is a licensed new vehicle dealer or | ||||||
| 18 | used vehicle
dealer in good standing; and
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| 19 | (3) the Secretary determines that the proposed off | ||||||
| 20 | site sale will
conform with the requirements imposed by | ||||||
| 21 | law.
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| 22 | However, in no event shall an off site sale permit be | ||||||
| 23 | issued to any
licensed new or used vehicle dealer for any off | ||||||
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| 1 | site sale to be conducted
outside that dealer's relevant | ||||||
| 2 | market area, as that term is defined in
this Chapter, except | ||||||
| 3 | that this restriction
shall not apply to off site sales of | ||||||
| 4 | motor homes or recreational vehicles.
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| 5 | The provisions of this subsection shall not apply to | ||||||
| 6 | self-contained motor
homes, mini motor homes, van campers, and | ||||||
| 7 | recreational trailers, including
trailers designed and used to | ||||||
| 8 | transport vessels or watercraft.
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| 9 | An off site sale permit does not authorize the sale of | ||||||
| 10 | vehicles on a Sunday.
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| 11 | (b) Only a new or used vehicle dealer licensed under | ||||||
| 12 | Section 5-101
or 5-102
may participate in a display exhibition | ||||||
| 13 | and shall obtain a display exhibition
permit issued by the | ||||||
| 14 | Secretary under this Section.
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| 15 | The Secretary shall issue a display exhibition permit to a | ||||||
| 16 | dealer if:
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| 17 | (1) an application therefor is received by the | ||||||
| 18 | Secretary prior to the beginning date of the proposed | ||||||
| 19 | exhibition, accompanied
by a fee of $10;
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| 20 | (2) the applicant is a licensed new vehicle dealer or | ||||||
| 21 | used vehicle
dealer in good standing; and
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| 22 | (3) the Secretary determines that the proposed | ||||||
| 23 | exhibition will
conform with the requirements imposed by | ||||||
| 24 | law.
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| 25 | A display exhibition permit shall be valid for a period of | ||||||
| 26 | no longer than 30
days.
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| 1 | (c) A licensed new or used motor vehicle dealer under | ||||||
| 2 | Section 5-101 or
5-102, or any other person as defined in this | ||||||
| 3 | Section, may participate in a
trade show exhibition and must | ||||||
| 4 | obtain a trade show exhibition permit issued by
the Secretary | ||||||
| 5 | under this Section.
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| 6 | The Secretary shall issue a trade show exhibition permit
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| 7 | if:
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| 8 | (1) an application is received by the Secretary
before
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| 9 | the beginning date of the proposed trade show exhibition, | ||||||
| 10 | accompanied by a fee
of $10;
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| 11 | (2) the applicant is a licensed new vehicle dealer or | ||||||
| 12 | used vehicle dealer
in good standing; and
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| 13 | (3) the Secretary determines that the proposed trade | ||||||
| 14 | show exhibition shall
conform with the requirements | ||||||
| 15 | imposed by law.
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| 16 | A trade show exhibition permit shall be valid for a
period | ||||||
| 17 | of no longer than 30 days.
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| 18 | The provisions of this subsection shall not apply to | ||||||
| 19 | self-contained motor
homes, mini motor homes, van campers, and | ||||||
| 20 | recreational trailers, including
trailers designed and used to | ||||||
| 21 | transport vessels or watercraft.
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| 22 | The term "any other person" shall mean new or used vehicle | ||||||
| 23 | dealers
licensed by other states; provided however, a trade | ||||||
| 24 | show exhibition of new
vehicles shall only be participated in | ||||||
| 25 | by licensed new vehicle dealers, at
least 2 of which must be | ||||||
| 26 | licensed under Section 5-101.
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| 1 | (d) An Illinois or out-of-state licensed new or used | ||||||
| 2 | trailer dealer,
manufactured home dealer, motor home dealer, | ||||||
| 3 | mini motor home dealer, or van
camper dealer shall not
engage | ||||||
| 4 | in any off site sale or trade show exhibition without first | ||||||
| 5 | acquiring a
permit issued by the Secretary under this | ||||||
| 6 | subsection.
However, the provisions of this Section shall not | ||||||
| 7 | apply to a licensed
trailer dealer selling a mobile home or | ||||||
| 8 | manufactured housing, as defined in the
Illinois Manufactured | ||||||
| 9 | Housing and Mobile Home Safety Act, if the manufactured
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| 10 | housing or mobile home has utilities permanently attached.
The | ||||||
| 11 | Secretary shall
issue a permit to an Illinois dealer if:
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| 12 | (1) an application is received by the Secretary
before
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| 13 | the beginning date of the proposed off site sale or trade | ||||||
| 14 | show exhibition,
accompanied by a fee of $25;
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| 15 | (2) the applicant is a licensed new or used vehicle | ||||||
| 16 | dealer in good
standing; and
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| 17 | (3) the Secretary determines that the proposed off | ||||||
| 18 | site sale or trade show
exhibition will conform with the | ||||||
| 19 | requirements imposed by law.
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| 20 | The Secretary shall issue a permit to an out-of-state | ||||||
| 21 | dealer if the
requirements of subdivisions (1), (2), and (3) | ||||||
| 22 | of this subsection (d) are met
and at least 2 licensed Illinois | ||||||
| 23 | dealers will participate in the off site sale
or trade show | ||||||
| 24 | exhibition.
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| 25 | A permit issued pursuant to this subsection shall allow | ||||||
| 26 | for the sale of
vehicles at either an off site sale or at a | ||||||
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| 1 | trade show exhibition. The permit
shall be valid for a period | ||||||
| 2 | not to exceed 30 days.
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| 3 | (e) The Secretary of State may adopt rules regulating the
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| 4 | conduct of off site deliveries, sales, and exhibitions, and | ||||||
| 5 | governing the issuance and
enforcement of the permits | ||||||
| 6 | authorized under this Section. An Illinois licensed new or | ||||||
| 7 | used motor vehicle dealer is authorized to conduct sales | ||||||
| 8 | activities, including the collection of electronic signatures, | ||||||
| 9 | via the Internet and deliver vehicles to a customer at the | ||||||
| 10 | address provided in the customer's application, if the sale, | ||||||
| 11 | lease, or delivery is requested by the customer in writing and | ||||||
| 12 | only after the identity of the customer has been verified at | ||||||
| 13 | the time of delivery. Any documents that State or federal law | ||||||
| 14 | require to be signed in person may be signed at the time of | ||||||
| 15 | delivery without constituting an off site sale that is subject | ||||||
| 16 | to this Section. If a vehicle is delivered to an address other | ||||||
| 17 | than the licensed dealer's established place of business, the | ||||||
| 18 | date of the sale shall be that date on which the application | ||||||
| 19 | for title is signed by the purchaser of the vehicle.
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| 20 | (Source: P.A. 90-718, eff. 1-1-99;
90-774, eff. 8-14-98; | ||||||
| 21 | 91-357, eff. 7-29-99.)
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