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90_SB1293sam001
LRB9009235BBmgam02
1 AMENDMENT TO SENATE BILL 1293
2 AMENDMENT NO. . Amend Senate Bill 1293 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Section 5-102.1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 5-102.1 as follows:
10 (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
11 Sec. 5-102.1. Permits for off site sales and
12 exhibitions.
13 (a) A licensed new or used motor vehicle dealer licensed
14 under Section 5-101 or 5-102 shall not engage in any off site
15 sale without an off site sale permit issued by the Secretary
16 under this Section.
17 The Secretary shall issue an off site sale permit to a
18 dealer if:
19 (1) an application therefor is received by the
20 Secretary at least 10 days prior to the beginning date of
21 the proposed off site sale, accompanied by a fee of $25;
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1 (2) the applicant is a licensed new vehicle dealer
2 or used vehicle dealer in good standing; and
3 (3) the Secretary determines that the proposed off
4 site sale will conform with the requirements imposed by
5 law.
6 However, in no event shall an off site sale permit be
7 issued to any licensed new or used vehicle dealer for any off
8 site sale to be conducted outside that dealer's relevant
9 market area, as that term is defined in this Chapter, except
10 that this restriction shall not apply to off site sales of
11 motor homes or recreational vehicles.
12 The provisions of this subsection shall not apply to
13 self-contained motor homes, mini motor homes, van campers,
14 and recreational trailers, including trailers designed and
15 used to transport vessels or watercraft.
16 An off site sale permit does not authorize the sale of
17 vehicles on a Sunday.
18 (b) Only a new or used vehicle dealer licensed under
19 Section 5-101 or 5-102 may participate in a display
20 exhibition and shall obtain a display exhibition permit
21 issued by the Secretary under this Section.
22 The Secretary shall issue a display exhibition permit to
23 a dealer if:
24 (1) an application therefor is received by the
25 Secretary at least 10 days prior to the beginning date of
26 the proposed exhibition, accompanied by a fee of $10;
27 (2) the applicant is a licensed new vehicle dealer
28 or used vehicle dealer in good standing; and
29 (3) the Secretary determines that the proposed
30 exhibition will conform with the requirements imposed by
31 law.
32 A display exhibition permit shall be valid for a period
33 of no longer than 30 days.
34 (c) A licensed new or used motor vehicle dealer under
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1 Section 5-101 or 5-102, or any other person as defined in
2 this Section, may participate in a trade show exhibition and
3 must obtain a trade show exhibition permit issued by the
4 Secretary under this Section.
5 The Secretary shall issue a trade show exhibition permit
6 if:
7 (1) an application is received by the Secretary at
8 least 10 days before the beginning date of the proposed
9 trade show exhibition, accompanied by a fee of $10;
10 (2) the applicant is a licensed new vehicle dealer
11 or used vehicle dealer in good standing; and
12 (3) the Secretary determines that the proposed
13 trade show exhibition shall conform with the requirements
14 imposed by law.
15 A trade show exhibition permit shall be valid for a
16 period of no longer than 30 days.
17 The provisions of this subsection shall not apply to
18 self-contained motor homes, mini motor homes, van campers,
19 and recreational trailers, including trailers designed and
20 used to transport vessels or watercraft.
21 The term "any other person" shall mean new or used
22 vehicle dealers licensed by other states; provided however, a
23 trade show exhibition of new vehicles shall only be
24 participated in by licensed new vehicle dealers, at least 2
25 of which must be licensed under Section 5-101.
26 (d) An Illinois or out-of-state licensed new or used
27 trailer dealer, manufactured home dealer, motor home dealer,
28 mini motor home dealer, or van camper dealer shall not engage
29 in any off site sale or trade show exhibition without first
30 acquiring a permit issued by the Secretary under this
31 subsection. However, the provisions of this Section shall
32 not apply to a licensed trailer dealer selling a mobile home
33 or manufactured housing, as defined in the Illinois
34 Manufactured Housing and Mobile Home Safety Act, if the
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1 manufactured housing or mobile home has utilities permanently
2 attached. The Secretary shall issue a permit to an Illinois
3 dealer if:
4 (1) an application is received by the Secretary at
5 least 10 days before the beginning date of the proposed
6 off site sale or trade show exhibition, accompanied by a
7 fee of $25;
8 (2) the applicant is a licensed new or used vehicle
9 dealer in good standing; and
10 (3) the Secretary determines that the proposed off
11 site sale or trade show exhibition will conform with the
12 requirements imposed by law.
13 The Secretary shall issue a permit to an out-of-state
14 dealer if the requirements of subdivisions (1), (2), and (3)
15 of this subsection (d) are met and at least 2 licensed
16 Illinois dealers will participate in the off site sale or
17 trade show exhibition.
18 A permit issued pursuant to this subsection shall allow
19 for the sale of vehicles at either an off site sale or at a
20 trade show exhibition. The permit shall be valid for a
21 period not to exceed 30 days.
22 (e) The Secretary of State may adopt rules regulating
23 the conduct of off site sales and exhibitions, and governing
24 the issuance and enforcement of the permits authorized under
25 this Section.
26 (Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
27 1-24-95; 89-235, eff. 8-4-95; 89-551, eff. 1-1-97.)".