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90_SB1293enr
625 ILCS 5/5-101 from Ch. 95 1/2, par. 5-101
625 ILCS 5/5-102 from Ch. 95 1/2, par. 5-102
Amends the Illinois Vehicle Code to provide that the
provisions of the Vehicle Code concerning licensing new and
used vehicle dealers do not apply to the sale or resale of
manufactured housing (and mobile homes in the case of a used
vehicle dealer), except that a manufactured housing dealer
(and mobile home dealer in the case of a used vehicle dealer)
shall maintain a record of the transaction, available for
inspection by the Secretary of State. Effective immediately.
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1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 5-102.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 5-102.1 as follows:
7 (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
8 Sec. 5-102.1. Permits for off site sales and
9 exhibitions.
10 (a) A licensed new or used motor vehicle dealer licensed
11 under Section 5-101 or 5-102 shall not engage in any off site
12 sale without an off site sale permit issued by the Secretary
13 under this Section.
14 The Secretary shall issue an off site sale permit to a
15 dealer if:
16 (1) an application therefor is received by the
17 Secretary at least 10 days prior to the beginning date of
18 the proposed off site sale, accompanied by a fee of $25;
19 (2) the applicant is a licensed new vehicle dealer
20 or used vehicle dealer in good standing; and
21 (3) the Secretary determines that the proposed off
22 site sale will conform with the requirements imposed by
23 law.
24 However, in no event shall an off site sale permit be
25 issued to any licensed new or used vehicle dealer for any off
26 site sale to be conducted outside that dealer's relevant
27 market area, as that term is defined in this Chapter, except
28 that this restriction shall not apply to off site sales of
29 motor homes or recreational vehicles.
30 The provisions of this subsection shall not apply to
31 self-contained motor homes, mini motor homes, van campers,
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1 and recreational trailers, including trailers designed and
2 used to transport vessels or watercraft.
3 An off site sale permit does not authorize the sale of
4 vehicles on a Sunday.
5 (b) Only a new or used vehicle dealer licensed under
6 Section 5-101 or 5-102 may participate in a display
7 exhibition and shall obtain a display exhibition permit
8 issued by the Secretary under this Section.
9 The Secretary shall issue a display exhibition permit to
10 a dealer if:
11 (1) an application therefor is received by the
12 Secretary at least 10 days prior to the beginning date of
13 the proposed exhibition, accompanied by a fee of $10;
14 (2) the applicant is a licensed new vehicle dealer
15 or used vehicle dealer in good standing; and
16 (3) the Secretary determines that the proposed
17 exhibition will conform with the requirements imposed by
18 law.
19 A display exhibition permit shall be valid for a period
20 of no longer than 30 days.
21 (c) A licensed new or used motor vehicle dealer under
22 Section 5-101 or 5-102, or any other person as defined in
23 this Section, may participate in a trade show exhibition and
24 must obtain a trade show exhibition permit issued by the
25 Secretary under this Section.
26 The Secretary shall issue a trade show exhibition permit
27 if:
28 (1) an application is received by the Secretary at
29 least 10 days before the beginning date of the proposed
30 trade show exhibition, accompanied by a fee of $10;
31 (2) the applicant is a licensed new vehicle dealer
32 or used vehicle dealer in good standing; and
33 (3) the Secretary determines that the proposed
34 trade show exhibition shall conform with the requirements
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1 imposed by law.
2 A trade show exhibition permit shall be valid for a
3 period of no longer than 30 days.
4 The provisions of this subsection shall not apply to
5 self-contained motor homes, mini motor homes, van campers,
6 and recreational trailers, including trailers designed and
7 used to transport vessels or watercraft.
8 The term "any other person" shall mean new or used
9 vehicle dealers licensed by other states; provided however, a
10 trade show exhibition of new vehicles shall only be
11 participated in by licensed new vehicle dealers, at least 2
12 of which must be licensed under Section 5-101.
13 (d) An Illinois or out-of-state licensed new or used
14 trailer dealer, manufactured home dealer, motor home dealer,
15 mini motor home dealer, or van camper dealer shall not engage
16 in any off site sale or trade show exhibition without first
17 acquiring a permit issued by the Secretary under this
18 subsection. However, the provisions of this Section shall
19 not apply to a licensed trailer dealer selling a mobile home
20 or manufactured housing, as defined in the Illinois
21 Manufactured Housing and Mobile Home Safety Act, if the
22 manufactured housing or mobile home has utilities permanently
23 attached. The Secretary shall issue a permit to an Illinois
24 dealer if:
25 (1) an application is received by the Secretary at
26 least 10 days before the beginning date of the proposed
27 off site sale or trade show exhibition, accompanied by a
28 fee of $25;
29 (2) the applicant is a licensed new or used vehicle
30 dealer in good standing; and
31 (3) the Secretary determines that the proposed off
32 site sale or trade show exhibition will conform with the
33 requirements imposed by law.
34 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)
2 of this subsection (d) are met and at least 2 licensed
3 Illinois dealers will participate in the off site sale or
4 trade show exhibition.
5 A permit issued pursuant to this subsection shall allow
6 for the sale of vehicles at either an off site sale or at a
7 trade show exhibition. The permit shall be valid for a
8 period not to exceed 30 days.
9 (e) The Secretary of State may adopt rules regulating
10 the conduct of off site sales and exhibitions, and governing
11 the issuance and enforcement of the permits authorized under
12 this Section.
13 (Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
14 1-24-95; 89-235, eff. 8-4-95; 89-551, eff. 1-1-97.)