Bill Text: IL SB1896 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Reinserts the provisions of the introduced bill with the following change. Restores language providing that the Secretary of State may adopt rules regulating the conduct of off site sales.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0392 [SB1896 Detail]
Download: Illinois-2023-SB1896-Chaptered.html
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| Public Act 103-0392 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Section 5-102.1 as follows:
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(625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1)
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Sec. 5-102.1. Permits for off site sales and exhibitions.
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(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.
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The Secretary shall issue an off site sale permit to a | ||||
dealer if:
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(1) an application therefor is received by the | ||||
Secretary prior to the beginning date of the proposed off | ||||
site sale, accompanied
by a fee of $25;
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(2) the applicant is a licensed new vehicle dealer or | ||||
used vehicle
dealer in good standing; and
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(3) the Secretary determines that the proposed off | ||||
site sale will
conform with the requirements imposed by | ||||
law.
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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.
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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.
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An off site sale permit does not authorize the sale of | ||
vehicles on a Sunday.
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(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.
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The Secretary shall issue a display exhibition permit to a | ||
dealer if:
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(1) an application therefor is received by the | ||
Secretary prior to the beginning date of the proposed | ||
exhibition, accompanied
by a fee of $10;
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(2) the applicant is a licensed new vehicle dealer or | ||
used vehicle
dealer in good standing; and
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(3) the Secretary determines that the proposed | ||
exhibition will
conform with the requirements imposed by | ||
law.
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A display exhibition permit shall be valid for a period of | ||
no longer than 30
days.
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(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.
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The Secretary shall issue a trade show exhibition permit
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if:
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(1) an application is received by the Secretary
before
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the beginning date of the proposed trade show exhibition, | ||
accompanied by a fee
of $10;
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(2) the applicant is a licensed new vehicle dealer or | ||
used vehicle dealer
in good standing; and
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(3) the Secretary determines that the proposed trade | ||
show exhibition shall
conform with the requirements | ||
imposed by law.
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A trade show exhibition permit shall be valid for a
period | ||
of no longer than 30 days.
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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.
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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.
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(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
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housing or mobile home has utilities permanently attached.
The | ||
Secretary shall
issue a permit to an Illinois dealer if:
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(1) an application is received by the Secretary
before
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the beginning date of the proposed off site sale or trade | ||
show exhibition,
accompanied by a fee of $25;
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(2) the applicant is a licensed new or used vehicle | ||
dealer in good
standing; and
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(3) the Secretary determines that the proposed off | ||
site sale or trade show
exhibition will conform with the | ||
requirements imposed by law.
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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.
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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.
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(e) The Secretary of State may adopt rules regulating the
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conduct of off site deliveries, sales, and exhibitions, and | ||
governing the issuance and
enforcement of the permits | ||
authorized under this Section. An Illinois licensed new or | ||
used motor vehicle dealer is authorized to conduct sales | ||
activities, including the collection of electronic signatures, | ||
via the Internet and deliver vehicles to a customer at the | ||
address provided in the customer's application, if the sale, | ||
lease, or delivery is requested by the customer in writing and | ||
only after the identity of the customer has been verified at | ||
the time of delivery. Any documents that State or federal law | ||
require to be signed in person may be signed at the time of | ||
delivery without constituting an off site sale that is subject | ||
to this Section. If a vehicle is delivered to an address other | ||
than the licensed dealer's established place of business, the | ||
date of the sale shall be that date on which the application | ||
for title is signed by the purchaser of the vehicle.
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(Source: P.A. 90-718, eff. 1-1-99;
90-774, eff. 8-14-98; | ||
91-357, eff. 7-29-99.)
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