Bill Text: IL SB1835 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Allows for the sale of motor vehicles by licensed dealers for no more than 2 hours on Sundays. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 3-9(a) / Re-referred to Assignments [SB1835 Detail]

Download: Illinois-2015-SB1835-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1835 Introduced 2/20/2015, 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. Allows for the sale of motor vehicles by licensed dealers for no more than 2 hours on Sundays. Makes conforming changes. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 5-100, 5-102.1, and 5-106 as follows:
(625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
Sec. 5-100. Definitions. For the purposes of this Chapter,
the following words shall have the meanings ascribed to them as
follows:
"Additional place of business" means a place owned or
leased and occupied by the dealer in addition to its
established place of business, at which the dealer conducts or
intends to conduct business on a permanent or long term basis.
The term does not include an area where an off site sale or
exhibition is conducted. The Secretary of State shall adopt
guidelines for the administration and enforcement of this
definition by rule.
"Display exhibition" means a temporary display of vehicles
by a dealer licensed under Section 5-101 or 5-102, at a
location at which no vehicles are offered for sale, that is
conducted at a place other than the dealer's established and
additional places of business.
"Established place of business" means the place owned or

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leased and occupied by any person duly licensed or required to
be licensed as a dealer for the purpose of engaging in selling,
buying, bartering, displaying, exchanging or dealing in, on
consignment or otherwise, vehicles and their essential parts
and for such other ancillary purposes as may be permitted by
the Secretary by rule. It shall include an office in which the
dealer's records shall be separate and distinct from any other
business or tenant which may occupy space in the same building
except as provided in Section 5-101.1. This office shall not be
located in a house trailer, residence, tent, temporary stand,
temporary address, room or rooms in a hotel or rooming house,
nor the premises occupied by a single or multiple unit
residence. The established place of business of a scrap
processor shall be the fixed location where the scrap processor
maintains its principal place of business. The Secretary of
State shall, by rule and regulation, adopt guidelines for the
administration and enforcement of this definition, such as, but
not limited to issues concerning the required hours of
operation, describing where vehicles are displayed and offered
for sale, where books and records are maintained and
requirements for the fulfillment of warranties. A dealer may
have an additional place of business as defined under this
Section.
"Motor vehicle financing affiliate" means a business
organization registered to do business in Illinois that,
pursuant to a written contract with either (1) a single new or

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used motor vehicle dealer or (2) a single group of new or used
motor vehicle dealers that share a common ownership within the
group, purchases new or used motor vehicles on behalf of the
dealer or group of dealers and then sells, transfers, or
assigns those motor vehicles to the dealer or group of dealers.
The motor vehicle financing affiliate must be incorporated or
organized solely to purchase new or used vehicles on behalf of
the new or used motor vehicle dealer or group of dealers with
which it has contracted, shall not sell motor vehicles at
retail, shall perform only those business functions related to
the purchasing of motor vehicles and selling, transferring, or
assigning those motor vehicles to the dealer or group of
dealers. The motor vehicle financing affiliate must be licensed
under the provisions of Section 5-101.1 and must not be
licensed as a new or used motor vehicle dealer.
"Off site sale" means the temporary display and sale of
vehicles, for a period of not more than 7 calendar days
(excluding Sundays, unless a dealer chooses to display and sell
vehicles on Sundays under Section 5-106 of this Code), by a
dealer licensed under Section 5-101 or 5-102 at a place other
than the dealer's established and additional places of
business.
"Relevant market area", for a new vehicle dealer licensed
under Section 5-101 and for a used vehicle dealer licensed
under Section 5-102, means the area within 10 miles of the
established or additional place of business of the dealer

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

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

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exhibition, accompanied by a fee of $10;
(2) the applicant is a licensed new vehicle dealer or
used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed
exhibition will conform with the requirements imposed by
law.
A display exhibition permit shall be valid for a period of
no longer than 30 days.
(c) A licensed new or used motor vehicle dealer under
Section 5-101 or 5-102, or any other person as defined in this
Section, may participate in a trade show exhibition and must
obtain a trade show exhibition permit issued by the Secretary
under this Section.
The Secretary shall issue a trade show exhibition permit
if:
(1) an application is received by the Secretary before
the beginning date of the proposed trade show exhibition,
accompanied by a fee of $10;
(2) the applicant is a licensed new vehicle dealer or
used vehicle dealer in good standing; and
(3) the Secretary determines that the proposed trade
show exhibition shall conform with the requirements
imposed by law.
A trade show exhibition permit shall be valid for a period
of no longer than 30 days.
The provisions of this subsection shall not apply to

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self-contained motor homes, mini motor homes, van campers, and
recreational trailers, including trailers designed and used to
transport vessels or watercraft.
The term "any other person" shall mean new or used vehicle
dealers licensed by other states; provided however, a trade
show exhibition of new vehicles shall only be participated in
by licensed new vehicle dealers, at least 2 of which must be
licensed under Section 5-101.
(d) An Illinois or out-of-state licensed new or used
trailer dealer, manufactured home dealer, motor home dealer,
mini motor home dealer, or van camper dealer shall not engage
in any off site sale or trade show exhibition without first
acquiring a permit issued by the Secretary under this
subsection. However, the provisions of this Section shall not
apply to a licensed trailer dealer selling a mobile home or
manufactured housing, as defined in the Illinois Manufactured
Housing and Mobile Home Safety Act, if the manufactured housing
or mobile home has utilities permanently attached. The
Secretary shall issue a permit to an Illinois dealer if:
(1) an application is received by the Secretary before
the beginning date of the proposed off site sale or trade
show exhibition, accompanied by a fee of $25;
(2) the applicant is a licensed new or used vehicle
dealer in good standing; and
(3) the Secretary determines that the proposed off site
sale or trade show exhibition will conform with the

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requirements imposed by law.
The Secretary shall issue a permit to an out-of-state
dealer if the requirements of subdivisions (1), (2), and (3) of
this subsection (d) are met and at least 2 licensed Illinois
dealers will participate in the off site sale or trade show
exhibition.
A permit issued pursuant to this subsection shall allow for
the sale of vehicles at either an off site sale or at a trade
show exhibition. The permit shall be valid for a period not to
exceed 30 days.
(e) The Secretary of State may adopt rules regulating the
conduct of off site sales and exhibitions, and governing the
issuance and enforcement of the permits authorized under this
Section.
(Source: P.A. 90-718, eff. 1-1-99; 90-774, eff. 8-14-98;
91-357, eff. 7-29-99.)
(625 ILCS 5/5-106) (from Ch. 95 1/2, par. 5-106)
Sec. 5-106. No person may keep open, operate, or assist in
keeping open or operating any established or additional place
of business for the purpose of buying, selling, bartering,
exchanging, or leasing for a period of 1 year or more, or
offering for sale, barter, exchange, or lease for a period of 1
year or more, any motor vehicle, whether new or used, for more
than 2 hours on the first day of the week, commonly called
Sunday; provided, that this Section does not apply to the

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opening of an established or additional place of business on
Sunday for the following purposes:
(1) to sell petroleum products, tires or repair parts
and accessories;
(2) to operate and conduct a motor vehicle repair shop;
(3) to supply services for the washing, towing or
wrecking of motor vehicles;
(4) to participate in a trade show exhibition or
display exhibition by a dealer who has been granted a
permit by the Secretary of State pursuant to Section
5-102.1 of this Article;
(5) to sell motorcycles, motor driven cycles,
motorized pedalcycles when offered for sale by a dealer
licensed under Sections 5-101 and 5-102 to sell only such
motor vehicles;
(6) to offer for sale manufactured housing;
(7) to sell self-contained motor homes, mini motor
homes, van campers and recreational trailers when offered
for sale by a dealer at an established or additional place
of business where only such vehicles are displayed or
offered for sale. This exemption includes dealers with off
site sales or trade show exhibition permits issued pursuant
to subsection (d) of Section 5-102.1 of this Article.
(Source: P.A. 89-551, eff. 1-1-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.