101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0022

 

Introduced 1/9/2019, 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

    Amends the Illinois Vehicle Code. Provides that the Act may be referred to as the Religious Equity Act. Allows for the sale of motor vehicles on any 6 days of the week chosen by the business owner (instead of on any day but Sunday). Makes conforming changes. Effective immediately.


LRB101 02861 TAE 47869 b

 

 

A BILL FOR

 

SB0022LRB101 02861 TAE 47869 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. References to Act. This Act may be referred to
5as the Religious Equity Act.
 
6    Section 5. The Illinois Vehicle Code is amended by changing
7Sections 5-100, 5-102.1, and 5-106 as follows:
 
8    (625 ILCS 5/5-100)  (from Ch. 95 1/2, par. 5-100)
9    Sec. 5-100. Definitions. For the purposes of this Chapter,
10the following words shall have the meanings ascribed to them as
11follows:
12    "Additional place of business" means a place owned or
13leased and occupied by the dealer in addition to its
14established place of business, at which the dealer conducts or
15intends to conduct business on a permanent or long term basis.
16The term does not include an area where an off site sale or
17exhibition is conducted. The Secretary of State shall adopt
18guidelines for the administration and enforcement of this
19definition by rule.
20    "Display exhibition" means a temporary display of vehicles
21by a dealer licensed under Section 5-101 or 5-102, at a
22location at which no vehicles are offered for sale, that is

 

 

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1conducted at a place other than the dealer's established and
2additional places of business.
3    "Established place of business" means the place owned or
4leased and occupied by any person duly licensed or required to
5be licensed as a dealer for the purpose of engaging in selling,
6buying, bartering, displaying, exchanging or dealing in, on
7consignment or otherwise, vehicles and their essential parts
8and for such other ancillary purposes as may be permitted by
9the Secretary by rule. It shall include an office in which the
10dealer's records shall be separate and distinct from any other
11business or tenant which may occupy space in the same building
12except as provided in Section 5-101.1. This office shall not be
13located in a house trailer, residence, tent, temporary stand,
14temporary address, room or rooms in a hotel or rooming house,
15nor the premises occupied by a single or multiple unit
16residence. The established place of business of a scrap
17processor shall be the fixed location where the scrap processor
18maintains its principal place of business. The Secretary of
19State shall, by rule and regulation, adopt guidelines for the
20administration and enforcement of this definition, such as, but
21not limited to issues concerning the required hours of
22operation, describing where vehicles are displayed and offered
23for sale, where books and records are maintained and
24requirements for the fulfillment of warranties. A dealer may
25have an additional place of business as defined under this
26Section.

 

 

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1    "Motor vehicle financing affiliate" means a business
2organization registered to do business in Illinois that,
3pursuant to a written contract with either (1) a single new or
4used motor vehicle dealer or (2) a single group of new or used
5motor vehicle dealers that share a common ownership within the
6group, purchases new or used motor vehicles on behalf of the
7dealer or group of dealers and then sells, transfers, or
8assigns those motor vehicles to the dealer or group of dealers.
9The motor vehicle financing affiliate must be incorporated or
10organized solely to purchase new or used vehicles on behalf of
11the new or used motor vehicle dealer or group of dealers with
12which it has contracted, shall not sell motor vehicles at
13retail, shall perform only those business functions related to
14the purchasing of motor vehicles and selling, transferring, or
15assigning those motor vehicles to the dealer or group of
16dealers. The motor vehicle financing affiliate must be licensed
17under the provisions of Section 5-101.1 and must not be
18licensed as a new or used motor vehicle dealer.
19    "Off site sale" means the temporary display and sale of
20vehicles, for a period of not more than 7 calendar days
21(excluding Sundays or any other day chosen by a dealer), by a
22dealer licensed under Section 5-101 or 5-102 at a place other
23than the dealer's established and additional places of
24business.
25    "Relevant market area", for a new vehicle dealer licensed
26under Section 5-101 and for a used vehicle dealer licensed

 

 

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1under Section 5-102, means the area within 10 miles of the
2established or additional place of business of the dealer
3located in a county with a population of 300,000 or more, or
4within 15 miles if the established place of business is located
5in a county with a population of less than 300,000.
6    "Trade show exhibition" means a temporary display of
7vehicles, by dealers licensed under Section 5-101 or 5-102, or
8any other person as defined in subsection (c) of Section
95-102.1, at a location at which no vehicles are offered for
10sale that is conducted at a place other than the dealer's
11established and additional places of business. In order for a
12display exhibition to be considered a trade show exhibition, it
13must be participated in by at least 3 dealers, 2 of which must
14be licensed under Section 5-101 or 5-102; and a trade show
15exhibition of new vehicles shall only be participated in by
16licensed new vehicle dealers at least 2 of which must be
17licensed under Section 5-101.
18(Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)
 
19    (625 ILCS 5/5-102.1)  (from Ch. 95 1/2, par. 5-102.1)
20    Sec. 5-102.1. Permits for off site sales and exhibitions.
21    (a) A licensed new or used motor vehicle dealer licensed
22under Section 5-101 or 5-102 shall not engage in any off site
23sale without an off site sale permit issued by the Secretary
24under this Section.
25    The Secretary shall issue an off site sale permit to a

 

 

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1dealer if:
2        (1) an application therefor is received by the
3    Secretary prior to the beginning date of the proposed off
4    site sale, accompanied by a fee of $25;
5        (2) the applicant is a licensed new vehicle dealer or
6    used vehicle dealer in good standing; and
7        (3) the Secretary determines that the proposed off site
8    sale will conform with the requirements imposed by law.
9    However, in no event shall an off site sale permit be
10issued to any licensed new or used vehicle dealer for any off
11site sale to be conducted outside that dealer's relevant market
12area, as that term is defined in this Chapter, except that this
13restriction shall not apply to off site sales of motor homes or
14recreational vehicles.
15    The provisions of this subsection shall not apply to
16self-contained motor homes, mini motor homes, van campers, and
17recreational trailers, including trailers designed and used to
18transport vessels or watercraft.
19    An off site sale permit does not authorize the sale of
20vehicles on a Sunday.
21    (b) Only a new or used vehicle dealer licensed under
22Section 5-101 or 5-102 may participate in a display exhibition
23and shall obtain a display exhibition permit issued by the
24Secretary under this Section.
25    The Secretary shall issue a display exhibition permit to a
26dealer if:

 

 

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1        (1) an application therefor is received by the
2    Secretary prior to the beginning date of the proposed
3    exhibition, accompanied by a fee of $10;
4        (2) the applicant is a licensed new vehicle dealer or
5    used vehicle dealer in good standing; and
6        (3) the Secretary determines that the proposed
7    exhibition will conform with the requirements imposed by
8    law.
9    A display exhibition permit shall be valid for a period of
10no longer than 30 days.
11    (c) A licensed new or used motor vehicle dealer under
12Section 5-101 or 5-102, or any other person as defined in this
13Section, may participate in a trade show exhibition and must
14obtain a trade show exhibition permit issued by the Secretary
15under this Section.
16    The Secretary shall issue a trade show exhibition permit
17if:
18        (1) an application is received by the Secretary before
19    the beginning date of the proposed trade show exhibition,
20    accompanied by a fee of $10;
21        (2) the applicant is a licensed new vehicle dealer or
22    used vehicle dealer in good standing; and
23        (3) the Secretary determines that the proposed trade
24    show exhibition shall conform with the requirements
25    imposed by law.
26    A trade show exhibition permit shall be valid for a period

 

 

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1of no longer than 30 days.
2    The provisions of this subsection shall not apply to
3self-contained motor homes, mini motor homes, van campers, and
4recreational trailers, including trailers designed and used to
5transport vessels or watercraft.
6    The term "any other person" shall mean new or used vehicle
7dealers licensed by other states; provided however, a trade
8show exhibition of new vehicles shall only be participated in
9by licensed new vehicle dealers, at least 2 of which must be
10licensed under Section 5-101.
11    (d) An Illinois or out-of-state licensed new or used
12trailer dealer, manufactured home dealer, motor home dealer,
13mini motor home dealer, or van camper dealer shall not engage
14in any off site sale or trade show exhibition without first
15acquiring a permit issued by the Secretary under this
16subsection. However, the provisions of this Section shall not
17apply to a licensed trailer dealer selling a mobile home or
18manufactured housing, as defined in the Illinois Manufactured
19Housing and Mobile Home Safety Act, if the manufactured housing
20or mobile home has utilities permanently attached. The
21Secretary shall issue a permit to an Illinois dealer if:
22        (1) an application is received by the Secretary before
23    the beginning date of the proposed off site sale or trade
24    show exhibition, accompanied by a fee of $25;
25        (2) the applicant is a licensed new or used vehicle
26    dealer in good standing; and

 

 

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1        (3) the Secretary determines that the proposed off site
2    sale or trade show exhibition will conform with the
3    requirements imposed by law.
4    The Secretary shall issue a permit to an out-of-state
5dealer if the requirements of subdivisions (1), (2), and (3) of
6this subsection (d) are met and at least 2 licensed Illinois
7dealers will participate in the off site sale or trade show
8exhibition.
9    A permit issued pursuant to this subsection shall allow for
10the sale of vehicles at either an off site sale or at a trade
11show exhibition. The permit shall be valid for a period not to
12exceed 30 days.
13    (e) The Secretary of State may adopt rules regulating the
14conduct of off site sales and exhibitions, and governing the
15issuance and enforcement of the permits authorized under this
16Section.
17(Source: P.A. 90-718, eff. 1-1-99; 90-774, eff. 8-14-98;
1891-357, eff. 7-29-99.)
 
19    (625 ILCS 5/5-106)  (from Ch. 95 1/2, par. 5-106)
20    Sec. 5-106. No person may keep open, operate, or assist in
21keeping open or operating any established or additional place
22of business for the purpose of buying, selling, bartering,
23exchanging, or leasing for a period of 1 year or more, or
24offering for sale, barter, exchange, or lease for a period of 1
25year or more, any motor vehicle, whether new or used, for more

 

 

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1than 6 days a week chosen by the business owner. This on the
2first day of the week, commonly called Sunday; provided, that
3this Section does not apply to the opening of an established or
4additional place of business on Sunday for the following
5purposes:
6        (1) to sell petroleum products, tires or repair parts
7    and accessories;
8        (2) to operate and conduct a motor vehicle repair shop;
9        (3) to supply services for the washing, towing or
10    wrecking of motor vehicles;
11        (4) to participate in a trade show exhibition or
12    display exhibition by a dealer who has been granted a
13    permit by the Secretary of State pursuant to Section
14    5-102.1 of this Article;
15        (5) to sell motorcycles, motor driven cycles,
16    motorized pedalcycles when offered for sale by a dealer
17    licensed under Sections 5-101 and 5-102 to sell only such
18    motor vehicles;
19        (6) to offer for sale manufactured housing;
20        (7) to sell self-contained motor homes, mini motor
21    homes, van campers and recreational trailers when offered
22    for sale by a dealer at an established or additional place
23    of business where only such vehicles are displayed or
24    offered for sale. This exemption includes dealers with off
25    site sales or trade show exhibition permits issued pursuant
26    to subsection (d) of Section 5-102.1 of this Article.

 

 

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1(Source: P.A. 89-551, eff. 1-1-97.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.