Full Text of HB4212 101st General Assembly
HB4212 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4212 Introduced 1/22/2020, by Rep. Yehiel M. Kalish 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 provision providing that no person may keep open, operate, or assist in keeping open or operating any established or additional place of business for the purpose of buying, selling, bartering, exchanging, or leasing, or offering for sale, barter, exchange, or lease, any motor vehicle on Sunday. Makes conforming changes. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB4212 | | LRB101 16615 LNS 65999 b |
|
| 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 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, | 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 |
| | | HB4212 | - 2 - | LRB101 16615 LNS 65999 b |
|
| 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 |
| | | HB4212 | - 3 - | LRB101 16615 LNS 65999 b |
|
| 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) , by a dealer
licensed under Section 5-101 | 19 | | or 5-102 at a place other than the dealer's
established and | 20 | | additional places of business.
| 21 | | "Relevant market area", for a new vehicle dealer licensed | 22 | | under Section
5-101 and for a used vehicle dealer licensed | 23 | | under Section 5-102, means the
area within 10 miles of the | 24 | | established or additional place of business of the
dealer | 25 | | located in a county with a population of 300,000 or more, or | 26 | | within 15
miles if the established place of business is located |
| | | HB4212 | - 4 - | LRB101 16615 LNS 65999 b |
|
| 1 | | in a county with a
population of less than 300,000.
| 2 | | "Trade show exhibition" means a temporary display of | 3 | | vehicles,
by dealers licensed under Section 5-101 or 5-102, or | 4 | | any other
person as defined in subsection (c) of Section | 5 | | 5-102.1, at a location at which
no vehicles are offered for | 6 | | sale that is conducted at a place other than the
dealer's | 7 | | established and additional places of business. In order for a | 8 | | display
exhibition to be considered a trade
show exhibition, it | 9 | | must be participated in by at least 3
dealers, 2 of which must | 10 | | be licensed under Section 5-101 or 5-102; and
a trade show | 11 | | exhibition of new vehicles shall only be participated in by
| 12 | | licensed new vehicle dealers at least 2 of which must be | 13 | | licensed 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 | 18 | | under Section
5-101 or
5-102 shall not engage in any off site | 19 | | sale without an off site sale permit
issued by the Secretary | 20 | | under this Section.
| 21 | | The Secretary shall issue an off site sale permit to a | 22 | | dealer 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;
|
| | | HB4212 | - 5 - | LRB101 16615 LNS 65999 b |
|
| 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 | 6 | | issued to any
licensed new or used vehicle dealer for any off | 7 | | site sale to be conducted
outside that dealer's relevant market | 8 | | area, as that term is defined in
this Chapter, except that this | 9 | | restriction
shall not apply to off site sales of motor homes or | 10 | | recreational vehicles.
| 11 | | The provisions of this subsection shall not apply to | 12 | | self-contained motor
homes, mini motor homes, van campers, and | 13 | | recreational trailers, including
trailers designed and used to | 14 | | transport vessels or watercraft.
| 15 | | An off site sale permit does not authorize the sale of | 16 | | vehicles on a Sunday.
| 17 | | (b) Only a new or used vehicle dealer licensed under | 18 | | Section 5-101
or 5-102
may participate in a display exhibition | 19 | | and shall obtain a display exhibition
permit issued by the | 20 | | Secretary under this Section.
| 21 | | The Secretary shall issue a display exhibition permit to a | 22 | | dealer 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 |
| | | HB4212 | - 6 - | LRB101 16615 LNS 65999 b |
|
| 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 | 6 | | no longer than 30
days.
| 7 | | (c) A licensed new or used motor vehicle dealer under | 8 | | Section 5-101 or
5-102, or any other person as defined in this | 9 | | Section, may participate in a
trade show exhibition and must | 10 | | obtain a trade show exhibition permit issued by
the Secretary | 11 | | under this Section.
| 12 | | The Secretary shall issue a trade show exhibition permit
| 13 | | if:
| 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 | 23 | | of no longer than 30 days.
| 24 | | The provisions of this subsection shall not apply to | 25 | | self-contained motor
homes, mini motor homes, van campers, and | 26 | | recreational trailers, including
trailers designed and used to |
| | | HB4212 | - 7 - | LRB101 16615 LNS 65999 b |
|
| 1 | | transport vessels or watercraft.
| 2 | | The term "any other person" shall mean new or used vehicle | 3 | | dealers
licensed by other states; provided however, a trade | 4 | | show exhibition of new
vehicles shall only be participated in | 5 | | by licensed new vehicle dealers, at
least 2 of which must be | 6 | | licensed under Section 5-101.
| 7 | | (d) An Illinois or out-of-state licensed new or used | 8 | | trailer dealer,
manufactured home dealer, motor home dealer, | 9 | | mini motor home dealer, or van
camper dealer shall not
engage | 10 | | in any off site sale or trade show exhibition without first | 11 | | acquiring a
permit issued by the Secretary under this | 12 | | subsection.
However, the provisions of this Section shall not | 13 | | apply to a licensed
trailer dealer selling a mobile home or | 14 | | manufactured housing, as defined in the
Illinois Manufactured | 15 | | Housing and Mobile Home Safety Act, if the manufactured
housing | 16 | | or mobile home has utilities permanently attached.
The | 17 | | Secretary 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 |
| | | HB4212 | - 8 - | LRB101 16615 LNS 65999 b |
|
| 1 | | dealer if the
requirements of subdivisions (1), (2), and (3) of | 2 | | this subsection (d) are met
and at least 2 licensed Illinois | 3 | | dealers will participate in the off site sale
or trade show | 4 | | exhibition.
| 5 | | A permit issued pursuant to this subsection shall allow for | 6 | | the sale of
vehicles at either an off site sale or at a trade | 7 | | show exhibition. The permit
shall be valid for a period not to | 8 | | exceed 30 days.
| 9 | | (e) The Secretary of State may adopt rules regulating the
| 10 | | conduct of off site sales and exhibitions, and governing the | 11 | | issuance and
enforcement of the permits authorized under this | 12 | | Section.
| 13 | | (Source: P.A. 90-718, eff. 1-1-99;
90-774, eff. 8-14-98; | 14 | | 91-357, eff. 7-29-99.)
| 15 | | (625 ILCS 5/5-106 rep.)
| 16 | | Section 10. The Illinois Vehicle Code is amended by | 17 | | repealing Section 5-106.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
|
|