Full Text of SB2860 99th General Assembly
SB2860 99TH GENERAL ASSEMBLY |
| | 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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 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, | 8 | | the following
words shall have the meanings ascribed to them as | 9 | | follows:
| 10 | | "Additional place of business" means a place owned or | 11 | | leased and occupied
by the dealer in addition to its | 12 | | established place of business, at which the
dealer conducts or | 13 | | intends to conduct business on a permanent or long term
basis. | 14 | | The term does not include an area where an off site sale or | 15 | | exhibition
is conducted. The Secretary of State shall adopt | 16 | | guidelines for the
administration and enforcement of this | 17 | | definition by rule.
| 18 | | "Display exhibition" means a temporary display of vehicles | 19 | | by a dealer
licensed under Section 5-101 or 5-102, at a | 20 | | location at which no vehicles are
offered for sale, that is | 21 | | conducted at a place other than the dealer's
established and | 22 | | additional places of business.
| 23 | | "Established place of business" means the place owned or |
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| 1 | | leased and occupied
by any person duly licensed or required to | 2 | | be licensed as a dealer for the
purpose of engaging in selling, | 3 | | buying, bartering, displaying, exchanging or
dealing in, on | 4 | | consignment or otherwise, vehicles and their essential parts
| 5 | | and for such other ancillary purposes as may be permitted by | 6 | | the Secretary
by rule. It shall include an office in which the | 7 | | dealer's records shall be
separate and distinct from any other | 8 | | business or tenant which may occupy
space in the same building | 9 | | except as provided in Section 5-101.1. This
office shall not be | 10 | | located in a house
trailer, residence, tent, temporary stand, | 11 | | temporary address, room or rooms
in a hotel or rooming house, | 12 | | nor the premises occupied by a single or
multiple unit | 13 | | residence. The established place of business of a scrap
| 14 | | processor shall be the fixed location where the scrap processor | 15 | | maintains
its principal place of business. The Secretary of | 16 | | State shall, by rule and
regulation, adopt guidelines for the | 17 | | administration and enforcement of this
definition, such as, but | 18 | | not limited to issues concerning the required
hours of | 19 | | operation, describing where vehicles are displayed and offered | 20 | | for
sale, where books and records are maintained and | 21 | | requirements for the
fulfillment of warranties. A dealer may | 22 | | have an additional place of business
as defined under this | 23 | | Section.
| 24 | | "Motor vehicle financing affiliate" means a business | 25 | | organization
registered to
do
business in Illinois that, | 26 | | pursuant to a written contract with either (1) a
single new or |
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| 1 | | used
motor vehicle dealer or (2) a single group of new or used | 2 | | motor vehicle dealers
that share
a common ownership within the | 3 | | group, purchases new or used motor vehicles on
behalf
of the | 4 | | dealer or group of dealers and then sells, transfers, or | 5 | | assigns those
motor vehicles
to the dealer or group of dealers. | 6 | | The motor vehicle financing affiliate must
be
incorporated or | 7 | | organized solely to purchase new or used vehicles on behalf of
| 8 | | the new or
used motor vehicle dealer or group of dealers with | 9 | | which it has contracted,
shall not sell
motor vehicles at | 10 | | retail, shall perform only those business functions related
to | 11 | | the
purchasing of motor vehicles and selling, transferring, or | 12 | | assigning those
motor vehicles
to the dealer or group of | 13 | | dealers. The motor vehicle financing affiliate must
be licensed
| 14 | | under the provisions of Section 5-101.1 and must not be | 15 | | licensed as a new or
used motor
vehicle dealer.
| 16 | | "Off site sale" means the temporary display and sale of | 17 | | vehicles, for a
period of not more than 7 calendar days | 18 | | (excluding Sundays or any other day chosen by a dealer ), by a | 19 | | dealer
licensed under Section 5-101 or 5-102 at a place other | 20 | | than the dealer's
established and additional places of | 21 | | business.
| 22 | | "Relevant market area", for a new vehicle dealer licensed | 23 | | under Section
5-101 and for a used vehicle dealer licensed | 24 | | under Section 5-102, means the
area within 10 miles of the | 25 | | established or additional place of business of the
dealer | 26 | | located in a county with a population of 300,000 or more, or |
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| 1 | | within 15
miles if the established place of business is located | 2 | | in a county with a
population of less than 300,000.
| 3 | | "Trade show exhibition" means a temporary display of | 4 | | vehicles,
by dealers licensed under Section 5-101 or 5-102, or | 5 | | any other
person as defined in subsection (c) of Section | 6 | | 5-102.1, at a location at which
no vehicles are offered for | 7 | | sale that is conducted at a place other than the
dealer's | 8 | | established and additional places of business. In order for a | 9 | | display
exhibition to be considered a trade
show exhibition, it | 10 | | must be participated in by at least 3
dealers, 2 of which must | 11 | | be licensed under Section 5-101 or 5-102; and
a trade show | 12 | | exhibition of new vehicles shall only be participated in by
| 13 | | licensed new vehicle dealers at least 2 of which must be | 14 | | licensed 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 | 19 | | under Section
5-101 or
5-102 shall not engage in any off site | 20 | | sale without an off site sale permit
issued by the Secretary | 21 | | under this Section.
| 22 | | The Secretary shall issue an off site sale permit to a | 23 | | dealer 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 | 7 | | issued to any
licensed new or used vehicle dealer for any off | 8 | | site sale to be conducted
outside that dealer's relevant market | 9 | | area, as that term is defined in
this Chapter, except that this | 10 | | restriction
shall not apply to off site sales of motor homes or | 11 | | recreational vehicles.
| 12 | | The provisions of this subsection shall not apply to | 13 | | self-contained motor
homes, mini motor homes, van campers, and | 14 | | recreational trailers, including
trailers designed and used to | 15 | | transport vessels or watercraft.
| 16 | | An off site sale permit does not authorize the sale of | 17 | | vehicles on a Sunday.
| 18 | | (b) Only a new or used vehicle dealer licensed under | 19 | | Section 5-101
or 5-102
may participate in a display exhibition | 20 | | and shall obtain a display exhibition
permit issued by the | 21 | | Secretary under this Section.
| 22 | | The Secretary shall issue a display exhibition permit to a | 23 | | dealer 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 | 7 | | no longer than 30
days.
| 8 | | (c) A licensed new or used motor vehicle dealer under | 9 | | Section 5-101 or
5-102, or any other person as defined in this | 10 | | Section, may participate in a
trade show exhibition and must | 11 | | obtain a trade show exhibition permit issued by
the Secretary | 12 | | under this Section.
| 13 | | The Secretary shall issue a trade show exhibition permit
| 14 | | if:
| 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 | 24 | | of no longer than 30 days.
| 25 | | The provisions of this subsection shall not apply to | 26 | | self-contained motor
homes, mini motor homes, van campers, and |
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| 1 | | recreational trailers, including
trailers designed and used to | 2 | | transport vessels or watercraft.
| 3 | | The term "any other person" shall mean new or used vehicle | 4 | | dealers
licensed by other states; provided however, a trade | 5 | | show exhibition of new
vehicles shall only be participated in | 6 | | by licensed new vehicle dealers, at
least 2 of which must be | 7 | | licensed under Section 5-101.
| 8 | | (d) An Illinois or out-of-state licensed new or used | 9 | | trailer dealer,
manufactured home dealer, motor home dealer, | 10 | | mini motor home dealer, or van
camper dealer shall not
engage | 11 | | in any off site sale or trade show exhibition without first | 12 | | acquiring a
permit issued by the Secretary under this | 13 | | subsection.
However, the provisions of this Section shall not | 14 | | apply to a licensed
trailer dealer selling a mobile home or | 15 | | manufactured housing, as defined in the
Illinois Manufactured | 16 | | Housing and Mobile Home Safety Act, if the manufactured
housing | 17 | | or mobile home has utilities permanently attached.
The | 18 | | Secretary 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 | 2 | | dealer if the
requirements of subdivisions (1), (2), and (3) of | 3 | | this subsection (d) are met
and at least 2 licensed Illinois | 4 | | dealers will participate in the off site sale
or trade show | 5 | | exhibition.
| 6 | | A permit issued pursuant to this subsection shall allow for | 7 | | the sale of
vehicles at either an off site sale or at a trade | 8 | | show exhibition. The permit
shall be valid for a period not to | 9 | | exceed 30 days.
| 10 | | (e) The Secretary of State may adopt rules regulating the
| 11 | | conduct of off site sales and exhibitions, and governing the | 12 | | issuance and
enforcement of the permits authorized under this | 13 | | Section.
| 14 | | (Source: P.A. 90-718, eff. 1-1-99;
90-774, eff. 8-14-98; | 15 | | 91-357, 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 | 18 | | keeping open
or operating any established or additional place | 19 | | of business for the
purpose of buying, selling, bartering, | 20 | | exchanging, or leasing for a period
of 1 year or more, or | 21 | | offering for sale, barter, exchange, or lease for a
period of 1 | 22 | | year or more, any motor vehicle, whether new or used, for more | 23 | | than 6 days a week chosen by the business owner on the
first | 24 | | day of the week, commonly called Sunday ; provided, that this | 25 | | Section
does not apply to the opening of an established or |
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| 1 | | additional place of
business on Sunday for the following | 2 | | purposes:
| 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 | 26 | | becoming law.
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