State of Illinois
90th General Assembly
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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

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.
                                                     LRB9009235NTsb
SB1293 Enrolled                                LRB9009235NTsb
 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,
SB1293 Enrolled             -2-                LRB9009235NTsb
 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
SB1293 Enrolled             -3-                LRB9009235NTsb
 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
SB1293 Enrolled             -4-                LRB9009235NTsb
 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.)

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