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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 changing | |||||||||||||||||||||||
5 | Sections 5-100 and 5-102.1 as follows:
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6 | (625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
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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:
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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.
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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.
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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
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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
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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.
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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
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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
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14 | under the provisions of Section 5-101.1 and must not be | ||||||
15 | licensed as a new or
used motor
vehicle dealer.
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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.
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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 |
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1 | in a county with a
population of less than 300,000.
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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
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12 | licensed new vehicle dealers at least 2 of which must be | ||||||
13 | licensed under Section
5-101.
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14 | (Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)
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15 | (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
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16 | Sec. 5-102.1. Permits for off site sales and exhibitions.
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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.
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21 | The Secretary shall issue an off site sale permit to a | ||||||
22 | dealer if:
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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
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3 | (3) the Secretary determines that the proposed off site | ||||||
4 | sale will
conform with the requirements imposed by law.
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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.
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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.
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15 | An off site sale permit does not authorize the sale of | ||||||
16 | vehicles on a Sunday.
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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.
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21 | The Secretary shall issue a display exhibition permit to a | ||||||
22 | dealer if:
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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;
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26 | (2) the applicant is a licensed new vehicle dealer or |
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1 | used vehicle
dealer in good standing; and
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2 | (3) the Secretary determines that the proposed | ||||||
3 | exhibition will
conform with the requirements imposed by | ||||||
4 | law.
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5 | A display exhibition permit shall be valid for a period of | ||||||
6 | no longer than 30
days.
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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.
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12 | The Secretary shall issue a trade show exhibition permit
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13 | if:
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14 | (1) an application is received by the Secretary
before
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15 | the beginning date of the proposed trade show exhibition, | ||||||
16 | accompanied by a fee
of $10;
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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 trade | ||||||
20 | show exhibition shall
conform with the requirements | ||||||
21 | imposed by law.
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22 | A trade show exhibition permit shall be valid for a
period | ||||||
23 | of no longer than 30 days.
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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 |
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1 | transport vessels or watercraft.
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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.
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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:
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18 | (1) an application is received by the Secretary
before
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19 | the beginning date of the proposed off site sale or trade | ||||||
20 | show exhibition,
accompanied by a fee of $25;
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21 | (2) the applicant is a licensed new or used vehicle | ||||||
22 | dealer in good
standing; and
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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.
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26 | The Secretary shall issue a permit to an out-of-state |
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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.
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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.
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9 | (e) The Secretary of State may adopt rules regulating the
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10 | conduct of off site sales and exhibitions, and governing the | ||||||
11 | issuance and
enforcement of the permits authorized under this | ||||||
12 | Section.
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13 | (Source: P.A. 90-718, eff. 1-1-99;
90-774, eff. 8-14-98; | ||||||
14 | 91-357, eff. 7-29-99.)
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15 | (625 ILCS 5/5-106 rep.) | ||||||
16 | Section 10. The Illinois Vehicle Code is amended by | ||||||
17 | repealing Section 5-106.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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