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| [ Senate Amendment 002 ] |
91_HB3928ham001
LRB9111631STsbam03
1 AMENDMENT TO HOUSE BILL 3928
2 AMENDMENT NO. . Amend House Bill 3928 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 1. Short title. This Act may be cited as the
6 Manufactured Home Quality Assurance Act.
7 Section 5. Purpose. The purpose of this Act is to ensure
8 that the people of the State of Illinois who purchase
9 manufactured homes receive a quality product and quality
10 installation.
11 Section 10. Definitions. In this Act:
12 "Department" means the Illinois Department of Public
13 Health.
14 "Licensed installer" means a person who has successfully
15 completed a manufactured home installation course approved by
16 the Department and paid the required fees.
17 "Manufactured home" is synonymous with "mobile home" and
18 means a structure that is a factory-assembled, completely
19 integrated structure designed for permanent habitation, with
20 a permanent chassis and so constructed as to permit its
21 transport, on wheels temporarily or permanently attached to
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1 its frame, from the place of its construction to the
2 location, or subsequent locations, at which it is placed on a
3 support system for use as a permanent habitation, and
4 designed and situated so as to permit its occupancy as a
5 dwelling place for one or more persons; provided, that any
6 such structure resting wholly on a permanent foundation,
7 which is a continuous perimeter foundation of material such
8 as mortared concrete block, mortared brick, or concrete which
9 extends into the ground below the established frost depth and
10 to which the home is secured with foundation bolts at least
11 one-half inch in diameter, spaced at intervals of no more
12 than 6 feet and within one foot of the corners, and embedded
13 at least 7 inches into concrete foundations or 15 inches into
14 block foundations, shall not be construed as a mobile home or
15 manufactured home. The term "manufactured home" includes
16 manufactured homes constructed after June 30, 1976 in
17 accordance with the federal National Manufactured Housing
18 Construction and Safety Standards Act of 1974 and does not
19 include an immobilized mobile home as defined in Section 2.10
20 of the Mobile Home Park Act.
21 "Manufacturer" means a manufacturer of a manufactured
22 home, whether the manufacturer is located within or outside
23 of the State of Illinois.
24 "Mobile home" means a manufactured home.
25 "Mobile home park" means a tract of land or 2 or more
26 contiguous tracts of land which contain sites with the
27 necessary utilities for 5 or more manufactured homes either
28 free of charge or for revenue purposes.
29 Section 15. Enforcement of setup standards. The
30 Department is responsible for enforcing setup standards
31 mandated by the United States Department of Housing and Urban
32 Development as set forth in manufacturers' specifications. In
33 the absence of manufacturer's specifications, the Department
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1 must provide installation standards.
2 Section 20. Manufacturer's licenses; fees. No
3 manufacturer may sell a manufactured home that is to be
4 installed in the State of Illinois unless the Department has
5 issued to that person a license under this Section. Each
6 manufacturer's license issued or renewed is valid until
7 December 31 of the year it was issued or renewed. The fee for
8 the issuance and renewal of a manufacturer's license is $500
9 per year.
10 Section 25. Installer's license; fees; display of
11 license. No person may install a manufactured home in the
12 State of Illinois unless the Department has issued to that
13 person a license under this Section. The fee for the issuance
14 and renewal of an installer's license is $150 per year. In
15 addition, a fee of $25 must be paid by the licensed installer
16 responsible for the installation for each manufactured home
17 installed. A licensed installer must provide proof of
18 licensing at the installation site at all times during the
19 installation. The licensed installer responsible for the
20 installation must disclose the place of manufactured home
21 delivery and the name of the buyer to the Department.
22 Section 30. Installer supervision and training. No
23 person may participate in the on-site operation of a
24 manufactured home installation unless that person is under
25 the direct on-site supervision of a licensed installer.
26 Licensed installers must satisfactorily complete the Illinois
27 Manufactured Housing Association setup course or other
28 training approved by the Department.
29 Section 35. Deposit of funds. The Department must
30 deposit all funds received under this Act into the Facility
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1 Licensing Fund.
2 Section 40. Oversight.
3 (a) This Act is to be administered by the Department. The
4 Department and other personnel as the Department considers
5 necessary must perform the following duties:
6 (1) Issue manufacturer's licenses and collect fees.
7 (2) Issue installer's licenses and collect fees.
8 (b) The Department must serve as a liaison between the
9 State, mobile home park owners, tenants of mobile home parks,
10 dealers, manufacturers, and installers. The Department must
11 receive and investigate complaints related to this Act for
12 the purpose of obtaining non-binding resolution of conflicts
13 between park owners, dealers, manufacturers, installers, and
14 tenants of mobile home parks.
15 (c) There is created the Manufactured Housing Quality
16 Assurance Board to consult and advise the Department. The
17 Board must comprise 10 members as follows: (i) The Director
18 of the Department, or his or her designee, to serve as
19 chairman; (ii) 3 residents of mobile home parks who have
20 lived in mobile homes for at least 5 years; (iii) the
21 president of a state association of mobile home owners or his
22 or her representative; (iv) one mobile home park owner who
23 has owned a mobile home park containing at least 20 sites for
24 at least 5 years; (v) one licensed dealer; (vi) one licensed
25 installer; (vii) one licensed manufacturer; and (viii) one
26 building official familiar with the installation of mobile
27 homes.
28 (d) Members of the Board are appointed by the Department
29 for 3 year terms, except that, of the initial members, the
30 terms of 3 members expire on December 31 of the year
31 following the effective date of this Act and the terms of 3
32 other members expire on December 31 of the second year
33 following the effective date of this Act. Members serve until
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1 their successors are appointed. Any member appointed to fill
2 a vacancy occurring prior to the expiration of the term for
3 which his predecessor was appointed is appointed for the
4 remainder of that term. The initial appointments commence on
5 January 1 of the year following the effective date of this
6 Act.
7 (e) The Board must meet at least 3 times each year.
8 Additional meetings may be called by 3 members of the Board
9 upon delivery of a written notice to the Department. A
10 majority of the members of the Board constitute a quorum.
11 Each member of the Board must be compensated for travel
12 expenses incurred in the performance of duties as a member of
13 the Board in accordance with Section 12-2 of the State
14 Finance Act.
15 (f) The Department must refer violations of this Act to
16 the Attorney General for enforcement activity.
17 (g) The Department must promulgate rules to implement
18 this Act.
19 Section 45. Penalties. The Attorney General may revoke a
20 license issued under this Act for a period not to exceed 6
21 months. A licensee is entitled to a hearing in accordance
22 with the Illinois Administrative Procedure Act prior to a
23 revocation of license. The Attorney General may subject
24 violators of this Act to a fine of $500 per incident.
25 Section 99. Effective date. This Act takes effect one
26 year after becoming law.".