98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2629

 

Introduced 12/3/2013, 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 rep.

    Amends the Illinois Vehicle Code. Repeals the prohibition on businesses buying, selling, bartering, exchanging, or leasing for a period of 1 year or more, or offering for sale, barter, exchange, or lease for a period of 1 year or more, any motor vehicle, whether new or used, on Sundays. Effective immediately.


LRB098 14803 MLW 49748 b

 

 

A BILL FOR

 

SB2629LRB098 14803 MLW 49748 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 and 5-102.1 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), by a dealer licensed under Section 5-101
19or 5-102 at a place other than the dealer's established and
20additional places of business.
21    "Relevant market area", for a new vehicle dealer licensed
22under Section 5-101 and for a used vehicle dealer licensed
23under Section 5-102, means the area within 10 miles of the
24established or additional place of business of the dealer
25located in a county with a population of 300,000 or more, or
26within 15 miles if the established place of business is located

 

 

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1in a county with a population of less than 300,000.
2    "Trade show exhibition" means a temporary display of
3vehicles, by dealers licensed under Section 5-101 or 5-102, or
4any other person as defined in subsection (c) of Section
55-102.1, at a location at which no vehicles are offered for
6sale that is conducted at a place other than the dealer's
7established and additional places of business. In order for a
8display exhibition to be considered a trade show exhibition, it
9must be participated in by at least 3 dealers, 2 of which must
10be licensed under Section 5-101 or 5-102; and a trade show
11exhibition of new vehicles shall only be participated in by
12licensed new vehicle dealers at least 2 of which must be
13licensed under Section 5-101.
14(Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)
 
15    (625 ILCS 5/5-102.1)  (from Ch. 95 1/2, par. 5-102.1)
16    Sec. 5-102.1. Permits for off site sales and exhibitions.
17    (a) A licensed new or used motor vehicle dealer licensed
18under Section 5-101 or 5-102 shall not engage in any off site
19sale without an off site sale permit issued by the Secretary
20under this Section.
21    The Secretary shall issue an off site sale permit to a
22dealer if:
23        (1) an application therefor is received by the
24    Secretary prior to the beginning date of the proposed off
25    site sale, accompanied by a fee of $25;

 

 

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

 

 

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

 

 

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

 

 

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1dealer if the requirements of subdivisions (1), (2), and (3) of
2this subsection (d) are met and at least 2 licensed Illinois
3dealers will participate in the off site sale or trade show
4exhibition.
5    A permit issued pursuant to this subsection shall allow for
6the sale of vehicles at either an off site sale or at a trade
7show exhibition. The permit shall be valid for a period not to
8exceed 30 days.
9    (e) The Secretary of State may adopt rules regulating the
10conduct of off site sales and exhibitions, and governing the
11issuance and enforcement of the permits authorized under this
12Section.
13(Source: P.A. 90-718, eff. 1-1-99; 90-774, eff. 8-14-98;
1491-357, eff. 7-29-99.)
 
15    (625 ILCS 5/5-106 rep.)
16    Section 10. The Illinois Vehicle Code is amended by
17repealing Section 5-106.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.