Public Act 103-0392
 
SB1896 EnrolledLRB103 25075 HEP 51410 b

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