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90_SB1944 625 ILCS 5/3-629 625 ILCS 5/5-102.1 from Ch. 95 1/2, par. 5-102.1 Amends the Illinois Vehicle Code. Provides for distribution of moneys in the State College and University Trust Fund to public colleges and universities by April 1 (rather than on January 1). Provides that applications for certain off site sale or exhibition permits must be received by the Secretary of State before (rather than at least 10 days before) the beginning date of the sale or exhibition. Makes other changes. Effective immediately. LRB9012305KSgc LRB9012305KSgc 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 3-629 and 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 Sections 3-629 and 5-102.1 as follows: 7 (625 ILCS 5/3-629) 8 Sec. 3-629. Collegiate license plates; scholarship fund. 9 (a) In addition to any other special license plate, the 10 Secretary, upon receipt of all applicable fees and 11 applications made in the form prescribed by the Secretary of 12 State, may issue collegiate license plates. The collegiate 13 plates issued under this Section shall be affixed only to 14 passenger vehicles of the first division and motor vehicles 15 of the second division weighing not more than 8,000 pounds 16 and subject to the staggered registration system. Plates 17 issued under this Section shall expire according to the 18 staggered multi-year procedure established under Section 19 3-414.1 of this Code. 20 (b) The design, color, and format of the plates shall be 21 wholly within the discretion of the Secretary of State. The 22 Secretary of State may, at his or her discretion, issue the 23 plates for any public or degree-granting, not-for-profit 24 private college or university located in this State. The 25 Secretary may, in his or her discretion, allow the plates to 26 be issued as vanity plates or personalized in accordance with 27 Section 3-405.1 of this Code. The plates are not required to 28 designate "Land Of Lincoln", as prescribed in subsection (b) 29 of Section 3-412 of this Code. The Secretary shall prescribe 30 the eligibility requirements including a minimum level of 31 specialized license plates requests and, in his or her -2- LRB9012305KSgc 1 discretion, shall approve and prescribe stickers or decals as 2 provided under Section 3-412. 3 (c) An applicant shall be charged a $40 fee for original 4 issuance in addition to the applicable registration fee. Of 5 the original issuance fee in the case of a public university 6 or college, $25 shall be deposited into the State College and 7 University Trust Fund and $15 shall be deposited into the 8 Secretary of State Special License Plate Fund to be used by 9 the Secretary of State, subject to appropriation, to help 10 defray the administrative costs of issuing the plate. Of the 11 original issuance fee in the case of a degree-granting, 12 not-for-profit private college or university, $25 shall be 13 deposited into the University Grant Fund and $15 shall be 14 deposited into the Secretary of State Special License Plate 15 Fund to be used by the Secretary of State, subject to 16 appropriation, to help defray the administrative cost of 17 issuing the plate. In addition to the regular renewal fee, 18 an applicant shall be charged $27 for the renewal of each set 19 of license plates issued under this Section; $25 shall be 20 deposited into the State College and University Trust Fund in 21 the case of a public university or college or into the 22 University Grant Fund in the case of a degree-granting, 23 not-for-profit private college or university, and $2 shall be 24 deposited into the Secretary of State Special License Plate 25 Fund plates for all collegiate plates. 26 (d) The State College and University Trust Fund is 27 created as a special fund in the State treasury. All moneys 28 in the State College and University Trust Fund shall be 29 appropriated to the Board of Higher Education for 30 distributiondistributed on January 1 of each yearto each 31 public university or college in proportion to the number of 32 plates sold in regard to that university or college according 33 to subsection (c)for administration of the Higher Education34License Plate Grant program. ReceiptsMoneysdeposited into -3- LRB9012305KSgc 1 the State College and University Trust Fund during the 2 preceding calendar year shall be distributed to participating 3thepublic institutions by April 1. This revenue shall be 4 useduniversity or collegefor the sole purpose of 5 scholarship grant awards. 6 (e) The University Grant Fund is created as a special 7 fund in the State treasury. All moneys in the University 8 Grant Fund shall be appropriated to the Illinois Student 9 Assistance Commission to make reimbursements to participating 10 private colleges and universities under the Higher Education 11 License Plate Grant Program. 12 (Source: P.A. 89-424, eff. 6-1-96; 89-626, eff. 8-9-96; 13 90-14, eff. 7-1-97; 90-278, eff. 7-31-97.) 14 (625 ILCS 5/5-102.1) (from Ch. 95 1/2, par. 5-102.1) 15 Sec. 5-102.1. Permits for off site sales and 16 exhibitions. 17 (a) A licensed new or used motor vehicle dealer licensed 18 under Section 5-101 or 5-102 shall not engage in any off site 19 sale without an off site sale permit issued by the Secretary 20 under this Section. 21 The Secretary shall issue an off site sale permit to a 22 dealer if: 23 (1) an application therefor is received by the 24 Secretaryat least 10 daysprior to the beginning date of 25 the proposed off site sale, accompanied by a fee of $25; 26 (2) the applicant is a licensed new vehicle dealer 27 or used vehicle dealer in good standing; and 28 (3) the Secretary determines that the proposed off 29 site sale will conform with the requirements imposed by 30 law. 31 However, in no event shall an off site sale permit be 32 issued to any licensed new or used vehicle dealer for any off 33 site sale to be conducted outside that dealer's relevant -4- LRB9012305KSgc 1 market area, as that term is defined in this Chapter, except 2 that this restriction shall not apply to off site sales of 3 motor homes or recreational vehicles. 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 An off site sale permit does not authorize the sale of 9 vehicles on a Sunday. 10 (b) Only a new or used vehicle dealer licensed under 11 Section 5-101 or 5-102 may participate in a display 12 exhibition and shall obtain a display exhibition permit 13 issued by the Secretary under this Section. 14 The Secretary shall issue a display exhibition permit to 15 a dealer if: 16 (1) an application therefor is received by the 17 Secretaryat least 10 daysprior to the beginning date of 18 the proposed exhibition, accompanied by a fee of $10; 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 22 exhibition will conform with the requirements imposed by 23 law. 24 A display exhibition permit shall be valid for a period 25 of no longer than 30 days. 26 (c) A licensed new or used motor vehicle dealer under 27 Section 5-101 or 5-102, or any other person as defined in 28 this Section, may participate in a trade show exhibition and 29 must obtain a trade show exhibition permit issued by the 30 Secretary under this Section. 31 The Secretary shall issue a trade show exhibition permit 32 if: 33 (1) an application is received by the Secretaryat34least 10 daysbefore the beginning date of the proposed -5- LRB9012305KSgc 1 trade show exhibition, accompanied by a fee of $10; 2 (2) the applicant is a licensed new vehicle dealer 3 or used vehicle dealer in good standing; and 4 (3) the Secretary determines that the proposed 5 trade show exhibition shall conform with the requirements 6 imposed by law. 7 A trade show exhibition permit shall be valid for a 8 period of no longer than 30 days. 9 The provisions of this subsection shall not apply to 10 self-contained motor homes, mini motor homes, van campers, 11 and recreational trailers, including trailers designed and 12 used to transport vessels or watercraft. 13 The term "any other person" shall mean new or used 14 vehicle dealers licensed by other states; provided however, a 15 trade show exhibition of new vehicles shall only be 16 participated in by licensed new vehicle dealers, at least 2 17 of which must be licensed under Section 5-101. 18 (d) An Illinois or out-of-state licensed new or used 19 trailer dealer, manufactured home dealer, motor home dealer, 20 mini motor home dealer, or van camper dealer shall not engage 21 in any off site sale or trade show exhibition without first 22 acquiring a permit issued by the Secretary under this 23 subsection. The Secretary shall issue a permit to an 24 Illinois dealer if: 25 (1) an application is received by the Secretaryat26least 10 daysbefore 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 -6- LRB9012305KSgc 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.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.