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Public Act 096-1477 | ||||
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AN ACT concerning revenue.
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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 1. Short title. This Act may be cited as the | ||||
Manufactured
Home
Installation Act.
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Section 3. Legislative intent. The General Assembly finds | ||||
that: | ||||
Manufactured homes provide the only affordable home | ||||
ownership resource for many citizens in Illinois. | ||||
Manufactured home parks play an essential role in meeting | ||||
the affordable housing needs of Illinois communities. | ||||
Manufactured home parks provide an unsubsidized affordable | ||||
housing option that meets the needs of society's most | ||||
vulnerable citizens: low-income and moderate-income | ||||
socio-economic groups, including senior citizens and others | ||||
that are less capable economically but still require safe and | ||||
affordable housing. | ||||
Manufactured home parks are licensed, regulated, or | ||||
inspected by government agencies to ensure that State, county, | ||||
and municipal rules and regulations are enforced. | ||||
Manufactured home park owners pay for and provide their | ||||
tenants with a substantial number of services that homeowners | ||||
outside a manufactured home park obtain through taxpayer funded |
government sources and subsidies. | ||
Manufactured home parks have a lease requirement that sets | ||
standards of behavior and responsibility through the | ||
enforcement of rules and regulations, and compliance with these | ||
requirements can significantly diminish local government | ||
police costs. | ||
Section 5. Definitions. As used in this Act:
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"Manufactured home" means a factory-assembled, completely | ||
integrated structure designed for
permanent
habitation, with a | ||
permanent chassis, and so constructed as to permit its
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transport, on
wheels temporarily or permanently attached to its | ||
frame, and is a movable or portable unit that is (i) 8 body | ||
feet or more in width, (ii) 40 body feet or more in length, and | ||
(iii) 320 or more square feet, constructed to be towed on its | ||
own chassis (comprised of frame and wheels)
from the place of | ||
its
construction to the location, or subsequent locations, at | ||
which it is installed and set up according to the | ||
manufacturer's instructions and connected to utilities for | ||
year-round occupancy
for use as a permanent habitation, and | ||
designed and situated so as to
permit its
occupancy as a | ||
dwelling place for one or more persons. The term shall include | ||
units containing parts that may be folded, collapsed, or | ||
telescoped when being towed and that may be expected to provide | ||
additional cubic capacity, and that are designed to be joined | ||
into one integral unit capable of being separated again into |
the components for repeated towing. The term excludes campers | ||
and recreational vehicles. Mobile homes and manufactured homes | ||
in mobile home parks must be assessed and taxed as chattel. | ||
Mobile homes and manufactured homes outside of mobile home | ||
parks must be assessed and taxed as real property. The words | ||
"mobile home" and "manufactured home" are synonymous for the | ||
purposes of this Act.
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The construction of mobile type dwellings known as | ||
"manufactured homes" is regulated by the U.S. Department of | ||
Housing and Urban Development. All mobile type homes | ||
constructed after June 15, 1976, are manufactured homes and | ||
must comply with the National Manufactured Home and | ||
Construction Safety Standards; State and units of local | ||
government are preempted from imposing any additional | ||
construction requirements. The installation of these homes | ||
must comply with the Manufactured Home Quality Assurance Act | ||
and the Manufactured Home Installation Code (77 Ill. Adm. Code | ||
870). The location of these
homes is subject to local zoning | ||
and covenant codes.
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Section 25 of the Manufactured Home Quality Assurance Act | ||
requires licensed manufactured home installers to obtain from | ||
the Department of Health a Manufactured Home Installation Seal. | ||
The seal is to be placed on the exterior of the manufactured | ||
home above the HUD label after the installation is completed by | ||
the licensed manufactured home installer, in accordance with | ||
the Manufactured Home Installation Code (77 Ill. Adm. Code |
870). | ||
"Mobile home park" means a tract of land or 2 contiguous | ||
tracts of land that contain sites with the necessary utilities | ||
for 5 or more mobile homes or manufactured homes. A mobile home | ||
park may be operated either free of charge or for revenue | ||
purposes. A mobile home or manufactured home installed in a | ||
mobile home park must not be assessed and taxed as real | ||
property and shall be taxed under the Mobile Home Local | ||
Services Tax Act.
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Section 10. Installation requirements; classification as | ||
real property. | ||
(a) Except as provided in subsection (b), a mobile home or | ||
manufactured home installed
on private property that is not in | ||
a mobile home
park
on or after
the effective date of this Act | ||
must be installed in accordance with the manufacturer's | ||
instructions and classified, assessed, and taxed as real | ||
property.
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(b) Mobile homes and manufactured homes that (i) are | ||
located outside of mobile home parks and (ii) are taxed under | ||
the Mobile Home Local Services Tax Act on the effective date of | ||
this Act must continue to be taxed under the Mobile Home Local | ||
Services Tax Act and shall not be classified, assessed, and | ||
taxed as real property until the home is sold or transferred or | ||
until the home is relocated to a different parcel of land | ||
outside of a mobile home park. If a mobile home described in |
this subsection (b) is sold, transferred, or relocated to a | ||
different parcel of land outside of a mobile home park, then | ||
the home shall be classified, assessed, and taxed as real | ||
property. Mobile homes and manufactured homes that are | ||
classified, assessed, and taxed as real property on the | ||
effective date of this Act shall continue to be classified, | ||
assessed, and taxed as real property. The owner of a mobile | ||
home or manufactured home that is located outside of a mobile | ||
home park may file a request with the Department of Revenue | ||
that the home be classified, assessed, and taxed as real | ||
property. | ||
(c) Mobile homes and manufactured homes that are located in | ||
mobile home parks must be taxed according to the Mobile Home | ||
Local Services Tax Act.
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Section 805. The Property Tax Code is amended by changing | ||
Section 1-130 as follows:
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(35 ILCS 200/1-130)
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Sec. 1-130. Property; real property; real estate; land; | ||
tract; lot. | ||
(a) The land
itself, with all things contained therein, and | ||
also all buildings, structures
and improvements, and other | ||
permanent fixtures thereon, including all oil, gas,
coal , and | ||
other minerals in the land and the right to remove oil, gas and | ||
other
minerals, excluding coal, from the land, and all rights |
and privileges
belonging or pertaining thereto, except where | ||
otherwise specified by this Code.
Included therein is any | ||
vehicle or similar portable structure used or so
constructed as | ||
to permit its use as a dwelling place, if the structure is
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resting in whole on a permanent foundation.
Not included | ||
therein are low-income housing tax credits authorized by
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Section
42 of the Internal Revenue Code, 26 U.S.C. 42.
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(b) Notwithstanding any other provision of law, mobile | ||
homes and manufactured homes that (i) are located outside of | ||
mobile home parks and (ii) are taxed under the Mobile Home | ||
Local Services Tax Act on the effective date of this amendatory | ||
Act of the 96th General Assembly shall continue to be taxed | ||
under the Mobile Home Local Services Tax Act and shall not be | ||
classified, assessed, and taxed as real property until the home | ||
is sold or transferred or until the home is relocated to a | ||
different parcel of land outside of a mobile home park. If a | ||
mobile home described in this subsection (b) is sold, | ||
transferred, or relocated to a different parcel of land outside | ||
of a mobile home park, then the home shall be classified, | ||
assessed, and taxed as real property. Mobile homes and | ||
manufactured homes that are classified, assessed, and taxed as | ||
real property on the effective date of this amendatory Act of | ||
the 96th General Assembly shall continue to be classified, | ||
assessed, and taxed as real property. If a mobile or | ||
manufactured home that is located outside of a mobile home park | ||
is relocated to a mobile home park, it must be considered |
chattel and must be taxed according to the Mobile Home Local | ||
Services Tax Act. The owner of a mobile home or manufactured | ||
home that is located outside of a mobile home park may file a | ||
request with the county that the home be classified, assessed, | ||
and taxed as real property. | ||
(c) Mobile homes and manufactured homes that are located in | ||
mobile home parks must be considered chattel and must be taxed | ||
according to the Mobile Home Local Services Tax Act. | ||
(d) If the provisions of this Section conflict with the | ||
Illinois Manufactured Housing and Mobile Home Safety Act, the | ||
Mobile Home Local Services Tax Act, the Mobile Home Park Act, | ||
or any other provision of law with respect to the taxation of | ||
mobile homes or manufactured homes located outside of mobile | ||
home parks, the provisions of this Section shall control. | ||
(Source: P.A. 91-502, eff. 8-13-99.)
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Section 810. The Mobile Home Local Services Tax Act is | ||
amended by changing Sections 1 and 4 as follows:
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(35 ILCS 515/1) (from Ch. 120, par. 1201)
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Sec. 1.
(a) Except as provided in subsections (b) and (c), | ||
as As used in this Act, "manufactured home" means a | ||
factory-assembled, completely integrated structure designed | ||
for permanent habitation, with a permanent chassis, and so | ||
constructed as to permit its transport, on wheels temporarily | ||
or permanently attached to its frame, and is a movable or |
portable unit that is (i) 8 body feet or more in width, (ii) 40 | ||
body feet or more in length, and (iii) 320 or more square feet, | ||
constructed to be towed on its own chassis (comprised of frame | ||
and wheels) from the place of its construction to the location, | ||
or subsequent locations, at which it is installed and set up | ||
according to the manufacturer's instructions and connected to | ||
utilities for year-round occupancy for use as a permanent | ||
habitation, and designed and situated so as to permit its | ||
occupancy as a dwelling place for one or more persons. The term | ||
shall include units containing parts that may be folded, | ||
collapsed, or telescoped when being towed and that may be | ||
expected to provide additional cubic capacity, and that are | ||
designed to be joined into one integral unit capable of being | ||
separated again into the components for repeated towing. The | ||
term excludes campers and recreational vehicles. Mobile homes | ||
and manufactured homes in mobile home parks must be assessed | ||
and taxed as chattel. Mobile homes and manufactured homes | ||
outside of mobile home parks must be assessed and taxed as real | ||
property. The words "mobile home" and "manufactured home" are | ||
synonymous for the purposes of this Act. Any "mobile home" | ||
means a factory assembled
structure designed for permanent | ||
habitation and so constructed as to permit its
transport on | ||
wheels, temporarily or permanently attached to its frame, from | ||
the
place of its construction to the location, or subsequent | ||
locations, and
placement on a temporary foundation, at which it | ||
is intended to be a permanent
habitation, and situated so as to |
permit the occupancy thereof as a dwelling
place for one or | ||
more persons, provided that any such structure located outside | ||
of a mobile home park resting in
whole on a permanent | ||
foundation, with wheels, tongue and hitch removed at the
time | ||
of registration provided for in Section 4 of this Act, shall | ||
not be
construed as chattel a "mobile home" , but must shall be | ||
assessed and taxed as real property
as defined by Section 1-130 | ||
of the Property Tax Code. All mobile homes located inside | ||
mobile home parks must be considered as chattel and taxed | ||
according to this Act. Mobile homes owned by a
corporation or | ||
partnership and on which personal property taxes are paid as
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required under the Revenue Act of 1939 shall not be subject to | ||
this tax. Mobile
homes located on a dealer's lot for resale | ||
purposes or as a temporary an office shall not
be subject to | ||
this tax.
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(b) Mobile homes and manufactured homes that (i) are | ||
located outside of mobile home parks and (ii) are taxed under | ||
this Act on the effective date of this amendatory Act of the | ||
96th General Assembly must continue to be taxed under this Act | ||
and shall not be classified, assessed, and taxed as real | ||
property until the home is sold, transferred, or relocated to a | ||
different parcel of land outside of a mobile home park. If a | ||
mobile home described in this subsection (b) is sold, | ||
transferred, or relocated to a different parcel of land outside | ||
of a mobile home park, then the home must be classified, | ||
assessed, and taxed as real property. Mobile homes and |
manufactured homes that are classified, assessed, and taxed as | ||
real property on the effective date of this amendatory Act of | ||
the 96th General Assembly must continue to be classified, | ||
assessed, and taxed as real property. If a mobile or | ||
manufactured home that is located outside of a mobile home park | ||
is relocated to a mobile home park, the home must be considered | ||
chattel and must be taxed according to the Mobile Home Local | ||
Services Tax Act. The owner of a mobile home or manufactured | ||
home that is located outside of a mobile home park may file a | ||
request with the county that the home be classified, assessed, | ||
and taxed as real property. | ||
(c) Mobile homes and manufactured homes that are located in | ||
mobile home parks must be considered chattel and must be taxed | ||
according to this Act. | ||
(Source: P.A. 88-670, eff. 12-2-94.)
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(35 ILCS 515/4) (from Ch. 120, par. 1204)
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Sec. 4.
The owner of each inhabited mobile home located in | ||
this State , but not located inside of a mobile home park, on | ||
the
effective date of this amendatory Act of the 96th General | ||
Assembly Act shall, within 30 days after such date, file with | ||
the
township assessor, if any, or with the Supervisor of | ||
Assessments or county
assessor if there is no township | ||
assessor, or with the county assessor in those
counties in | ||
which a county assessor is elected pursuant to Section 3-45 of
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the Property Tax Code, a mobile home
registration form |
containing the information hereinafter specified and record a | ||
signed copy of the title or certificate of origin in the county | ||
where the home is located or surrender the signed title or | ||
certificate of origin to be held by the county until such time | ||
as the home is to be removed from the county . Mobile home
park | ||
operators shall forward a copy of the mobile home registration | ||
form
provided in Section 12 of "An Act to provide for, license | ||
and regulate mobile
homes and mobile home parks and to repeal | ||
an Act named herein", approved
September 8, 1971, as amended, | ||
to the township assessor, if any, or to
Supervisor of | ||
Assessments or county assessor if there is no township | ||
assessor,
or to the county assessor in those counties in which | ||
a county assessor is
elected pursuant to Section 3-45 of the | ||
Property Tax Code, within 5 days of the entry of a mobile home | ||
into such
park. The owner of a mobile home not located in a | ||
mobile home park shall,
within 30 days after initial placement | ||
of such mobile home in any county and
within 30 days after | ||
movement of such mobile home to a new location, file with
the | ||
county assessor, Supervisor of Assessments or township | ||
assessor, as the
case may be, a mobile home registration | ||
showing the name and address of the
owner and every occupant of | ||
the mobile home, the location of the mobile home,
the year of | ||
manufacture, and the square feet of floor space contained in | ||
such
mobile home together with the date that the mobile home | ||
became inhabited, was
initially installed and set up placed in | ||
the county, or was moved to a new location. Such
registration |
shall also include the license number of such mobile home and | ||
of
the towing vehicle, if there be any, and the State issuing | ||
such licenses. In the case of a mobile home not located in a | ||
mobile home park, the The
registration shall be signed by the | ||
owner or occupant of the mobile home and the title or | ||
certificate of origin shall be signed and recorded in the | ||
county where the home is located or surrendered to the county | ||
and held until such time the home is removed from the county. | ||
Titles or certificates of origin held by a mortgage company on | ||
the home shall be signed and recorded in the county where | ||
located or surrendered to the county once the mortgage is | ||
released. Failure to record or surrender the title or | ||
certificate of origin shall not prevent the home from being | ||
assessed and taxed as real property . It is
the duty of each | ||
township assessor, if any, and each Supervisor of Assessments
| ||
or county assessor if there is no township assessor, or the | ||
county assessor in
those counties in which a county assessor is | ||
elected pursuant to Section 3-45
of the Property Tax Code, to | ||
require timely
filing of a properly completed registration for | ||
each mobile home located in his
or her township or county, as | ||
the case may be. Any person furnishing misinformation
for | ||
purposes of registration or failing to file a required | ||
registration is
guilty of a Class A misdemeanor. This Section | ||
applies only when the tax
permitted by Section 3 has been | ||
imposed on mobile homes located inside mobile home parks .
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(Source: P.A. 88-670, eff. 12-2-94.)
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Section 815. The Illinois Municipal Code is amended by | ||
changing Section 2-3-1.1 as follows:
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(65 ILCS 5/2-3-1.1) (from Ch. 24, par. 2-3-1.1)
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Sec. 2-3-1.1.
As used in this Division 3, "immobile | ||
dwelling" means any
dwelling place except a tent, camp trailer | ||
or house car whether or not such
tent, camp trailer or house | ||
car is placed on a foundation or otherwise
permanently affixed | ||
to the realty, and except a house trailer, unless such
house | ||
trailer is situated on a support system permanent foundation | ||
and is assessed as real
property pursuant to the Property Tax | ||
Code.
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(Source: P.A. 88-670, eff. 12-2-94.)
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Section 900. The Mobile Home Park Act is amended by | ||
changing Section 2.1 as follows:
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(210 ILCS 115/2.1) (from Ch. 111 1/2, par. 712.1)
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Sec. 2.1.
"Manufactured home" means a factory-assembled, | ||
completely integrated structure designed for permanent | ||
habitation, with a permanent chassis, and so constructed as to | ||
permit its transport, on wheels temporarily or permanently | ||
attached to its frame, and is a movable or portable unit that | ||
is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||
in length, and (iii) 320 or more square feet, constructed to be |
towed on its own chassis (comprised of frame and wheels) from | ||
the place of its construction to the location, or subsequent | ||
locations, at which it is installed and set up according to the | ||
manufacturer's instructions and connected to utilities for | ||
year-round occupancy for use as a permanent habitation, and | ||
designed and situated so as to permit its occupancy as a | ||
dwelling place for one or more persons. The term shall include | ||
units containing parts that may be folded, collapsed, or | ||
telescoped when being towed and that may be expected to provide | ||
additional cubic capacity, and that are designed to be joined | ||
into one integral unit capable of being separated again into | ||
the components for repeated towing. The term excludes campers | ||
and recreational vehicles. "Mobile home" means a structure | ||
designed for permanent
habitation and so constructed as to | ||
permit its transport on wheels,
temporarily or permanently | ||
attached to its frame, from the place of its
construction to | ||
the location, or subsequent locations, at which it is
intended | ||
to be a permanent habitation and designed to permit the | ||
occupancy
thereof as a dwelling place for 1 or more persons. | ||
The term "mobile home"
shall not include modular homes and | ||
their support systems include manufactured homes constructed | ||
after June 30, 1976, in
accordance with the Federal "National | ||
Manufactured Housing Construction and
Safety Standards Act of | ||
1974" .
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(Source: P.A. 85-565.)
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Section 903. The Abandoned Mobile Home Act is amended by | ||
changing Section 10 as follows:
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(210 ILCS 117/10)
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Sec. 10. Definitions.
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"Manufactured home" means a factory-assembled, completely | ||
integrated structure designed for permanent habitation, with a | ||
permanent chassis, and so constructed as to permit its | ||
transport, on wheels temporarily or permanently attached to its | ||
frame, and is a movable or portable unit that is (i) 8 body | ||
feet or more in width, (ii) 40 body feet or more in length, and | ||
(iii) 320 or more square feet, constructed to be towed on its | ||
own chassis (comprised of frame and wheels) from the place of | ||
its construction to the location, or subsequent locations, at | ||
which it is installed and set up according to the | ||
manufacturer's instructions and connected to utilities for | ||
year-round occupancy for use as a permanent habitation, and | ||
designed and situated so as to permit its occupancy as a | ||
dwelling place for one or more persons. The term shall include | ||
units containing parts that may be folded, collapsed, or | ||
telescoped when being towed and that may be expected to provide | ||
additional cubic capacity, and that are designed to be joined | ||
into one integral unit capable of being separated again into | ||
the components for repeated towing. The term excludes campers | ||
and recreational vehicles. "Mobile home" means a structure | ||
designed for permanent habitation and
constructed to permit its |
transport on wheels, temporarily or
permanently attached to its | ||
frame, from its place of construction to a
location where it is | ||
intended to be a
permanent habitation.
"Mobile home" does not | ||
include a structure that is
served by individual utilities and | ||
that rests on a permanent foundation
with its wheels, tongue, | ||
and hitch permanently removed.
| ||
"Abandoned mobile home" means a mobile home that has no | ||
owner currently
residing in the mobile home or authorized | ||
tenant of the owner currently
residing in the mobile home to | ||
the best knowledge of the municipality;
has had its | ||
electricity,
natural gas, sewer, and water payments declared | ||
delinquent
by the utility companies that are providing such | ||
services; and for which
the Mobile Home Privilege Tax, imposed | ||
under the Mobile Home Local
Services Tax Act, is delinquent for | ||
at least 3 months.
| ||
"Municipality" means any city, village, incorporated town, | ||
or its duly
authorized agent. If an abandoned mobile home is | ||
located in an
unincorporated area, the county where the mobile | ||
home is located shall have
all powers granted to a
municipality | ||
under this Act.
| ||
(Source: P.A. 88-516.)
| ||
Section 905. The Illinois Manufactured Housing and Mobile | ||
Home Safety Act is amended by changing Section 2 as follows:
| ||
(430 ILCS 115/2) (from Ch. 67 1/2, par. 502)
|
Sec. 2.
Unless clearly indicated otherwise by the context, | ||
the
following words and terms when used in this Act, for the | ||
purpose of this
Act, shall have the following meanings:
| ||
(a) "Manufactured home" means a factory-assembled, | ||
completely integrated structure designed for permanent | ||
habitation, with a permanent chassis, and so constructed as to | ||
permit its transport, on wheels temporarily or permanently | ||
attached to its frame, and is a movable or portable unit that | ||
is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||
in length, and (iii) 320 or more square feet, constructed to be | ||
towed on its own chassis (comprised of frame and wheels) from | ||
the place of its construction to the location, or subsequent | ||
locations, at which it is installed and set up according to the | ||
manufacturer's instructions and connected to utilities for | ||
year-round occupancy for use as a permanent habitation, and | ||
designed and situated so as to permit its occupancy as a | ||
dwelling place for one or more persons. The term shall include | ||
units containing parts that may be folded, collapsed, or | ||
telescoped when being towed and that may be expected to provide | ||
additional cubic capacity, and that are designed to be joined | ||
into one integral unit capable of being separated again into | ||
the components for repeated towing. The term excludes campers | ||
and recreational vehicles. The terms "mobile home" and | ||
"manufactured home" do not include modular homes or | ||
manufactured housing units. "Mobile home" means a movable or | ||
portable unit, which is 8 body
feet or more in width and is 32 |
body feet or more in length, and
constructed to be towed on its | ||
own chassis (comprised of frame and
wheels) from the place of | ||
construction to the location or subsequent
locations, subject | ||
to the provisions of Chapter 15 of The Illinois
Vehicle Code, | ||
and designed to be used without a permanent foundation and
| ||
connected to utilities for year round occupancy with or without | ||
a
permanent foundation. The term shall include: (1) units | ||
containing
parts that may be folded, collapsed, or telescoped | ||
when being towed and
that may be expanded to provide additional | ||
cubic capacity, and (2) units
composed of two or more | ||
separately towable components designed to be
joined into one | ||
integral unit capable of being separated again into the
| ||
components for repeated towing. The term shall include units | ||
designed
to be used for residential, commercial, educational or | ||
industrial
purposes, excluding, however, recreational | ||
vehicles.
| ||
(b) "Person" means a person, partnership, corporation, or | ||
other
legal entity.
| ||
(c) "Manufacturer" means any person who manufactures | ||
mobile homes or
manufactured housing at the place or places, | ||
either on or away from the
building site, at which machinery, | ||
equipment and other capital goods are
assembled and operated | ||
for the purpose of making, fabricating, forming
or assembling | ||
mobile homes or manufactured housing.
| ||
(d) "Department" means the Department of Public Health.
| ||
(e) "Director" means the Director of the Department of |
Public
Health.
| ||
(f) "Dealer" means any person, other than a manufacturer, | ||
as defined
in this Act, who sells 3 or more mobile homes or | ||
manufactured housing
units in any consecutive 12-month period.
| ||
(g) "Codes" means the safety codes for manufactured housing | ||
and
mobile homes promulgated by the Department. The Codes shall | ||
contain the
standards and requirements for manufactured | ||
housing and mobile homes so
that adequate performance for the | ||
intended use is made the test of
acceptability. The Code of | ||
Standards shall permit the use of new and
used technology, | ||
techniques, methods and materials, for both
manufactured | ||
housing and mobile homes, consistent with recognized and
| ||
accepted codes and standards developed by the International | ||
Code Council (ICC) or by the organizations that formed the ICC | ||
in 1994: adopted by the Building Officials and Code | ||
Administrators Conference of
America , the International | ||
Conference of Building Officials, the
Southern Building Codes | ||
Congress International , the National Fire Protection
| ||
Association, the International Association of Plumbing and | ||
Mechanical
Officials, the American National Standards | ||
Institute, the Illinois State
Plumbing Code, and the United | ||
States Department of Housing and Urban
Development, | ||
hereinafter referred to as "HUD", applying to manufactured
| ||
housing and mobile homes installed and set up according to the | ||
manufacturer's instructions . A copy of said safety codes, | ||
including said
revisions thereof is on file with the |
Department.
| ||
(h) "Seal" means a device or insignia issued by the | ||
Department to be
displayed on the exterior of the mobile home | ||
or the interior of a manufactured housing
unit or modular home | ||
to evidence compliance with the applicable safety code.
| ||
(i) "Modular home" "Manufactured housing" or "manufactured | ||
housing unit" means a
building assembly or system of building | ||
sub-assemblies, designed for
habitation as a dwelling for one | ||
or more persons, including the
necessary electrical, plumbing, | ||
heating, ventilating and other service
systems, which is of | ||
closed or open construction and which is made or
assembled by a | ||
manufacturer, on or off the building site, for
installation, or | ||
assembly and installation, on the building site, installed and | ||
set up according to the manufacturer's instructions on an | ||
approved foundation and support system. The construction of | ||
modular dwelling units located in Illinois is regulated by the | ||
Illinois Department of Public Health. with a
permanent | ||
foundation.
| ||
(j) "Closed construction" is any building, component, | ||
assembly or
system manufactured in such a manner that all | ||
portions cannot readily be
inspected at the installation site | ||
without disassembly, damage to, or
destruction thereof.
| ||
(k) "Open construction" is any building, component, | ||
assembly or
system manufactured in such a manner that all | ||
portions can be readily
inspected at the installation site | ||
without disassembly, damage to, or
destruction thereof.
|
(l) "Approved foundation and support system" "Permanent | ||
foundation" means , for a modular home or modular dwelling unit, | ||
a closed perimeter formation
consisting of materials such as | ||
concrete, mortared concrete block, or
mortared brick extending | ||
into the ground below the frost line which
shall include, but | ||
not necessarily be limited to, cellars, basements, or
crawl | ||
spaces, and does include but does exclude the use of piers | ||
supporting the marriage wall of the home that extend below the | ||
frost line .
| ||
(m) "Code compliance certificate" means the certificate | ||
provided by
the manufacturer to the Department that warrants | ||
that the manufactured
housing unit or mobile home complies with | ||
the applicable code.
| ||
(n) "Manufactured housing", "manufactured housing unit", | ||
"modular dwelling", and "modular home" shall not be confused | ||
with "manufactured home" or "mobile home". | ||
(Source: P.A. 79-731 .)
| ||
Section 910. The Manufactured Home Quality Assurance Act is | ||
amended by changing Section 10 as follows:
| ||
(430 ILCS 117/10)
| ||
Sec. 10. Definitions. In this Act:
| ||
"Department" means the Illinois Department of Public | ||
Health.
| ||
"Licensed installer" means a person who has successfully
|
completed a manufactured home installation course approved
by | ||
the Department and paid the required fees.
| ||
"Manufactured home" means a factory-assembled, completely | ||
integrated structure designed for permanent habitation, with a | ||
permanent chassis, and so constructed as to permit its | ||
transport, on wheels temporarily or permanently attached to its | ||
frame, and is a movable or portable unit that is (i) 8 body | ||
feet or more in width, (ii) 40 body feet or more in length, and | ||
(iii) 320 or more square feet, constructed to be towed on its | ||
own chassis (comprised of frame and wheels) from the place of | ||
its construction to the location, or subsequent locations, at | ||
which it is installed and set up according to the | ||
manufacturer's instructions and connected to utilities for | ||
year-round occupancy for use as a permanent habitation, and | ||
designed and situated so as to permit its occupancy as a | ||
dwelling place for one or more persons. The term shall include | ||
units containing parts that may be folded, collapsed, or | ||
telescoped when being towed and that may be expected to provide | ||
additional cubic capacity, and that are designed to be joined | ||
into one integral unit capable of being separated again into | ||
the components for repeated towing. The term excludes campers | ||
and recreational vehicles. "Manufactured home" is synonymous | ||
with "mobile home"
and means a structure that is a | ||
factory-assembled,
completely integrated structure designed | ||
for permanent habitation,
with a permanent chassis and so | ||
constructed as to permit
its transport, on wheels temporarily |
or permanently attached
to its frame, from the place of its | ||
construction to
the location, or subsequent locations, at which | ||
it is placed on
a support system for use as a permanent | ||
habitation,
and designed and situated so as to permit its | ||
occupancy as
a dwelling place for one or more persons; | ||
provided, that
any such structure resting wholly on a permanent
| ||
foundation, which is a continuous perimeter foundation of | ||
material
such as mortared concrete block, mortared brick, or | ||
concrete
which extends into the ground below the established | ||
frost depth
and to which the home is secured with foundation | ||
bolts at
least one-half inch in diameter, spaced at intervals | ||
of no
more than 6 feet and within one foot of the corners, and
| ||
embedded at least 7 inches into concrete foundations or 15 | ||
inches
into block foundations, shall not be construed as a | ||
mobile home
or manufactured home. The term "manufactured home"
| ||
includes manufactured homes constructed after June 30, 1976
in | ||
accordance with the federal National Manufactured
Housing | ||
Construction and Safety Standards Act of 1974 and does
not | ||
include an immobilized mobile home as defined in Section
2.10 | ||
of the Mobile Home Park Act.
| ||
"Manufacturer" means a manufacturer of a manufactured | ||
home, whether
the manufacturer is located within or outside of | ||
the State of Illinois.
| ||
"Mobile home" or "manufactured home" does not include a | ||
modular home. means a manufactured home.
| ||
"Mobile home park" means a tract of land or 2 contiguous |
tracts of land that contain sites with the necessary utilities | ||
for 5 or more mobile homes or manufactured homes. A mobile home | ||
park may be operated either free of charge or for revenue | ||
purposes. a tract of land or 2 or
more contiguous tracts of | ||
land which contain sites with
the necessary utilities for 5 or | ||
more manufactured homes
either free of charge or for revenue | ||
purposes.
| ||
(Source: P.A. 92-410, eff. 1-1-02 .)
| ||
Section 915. The Mobile Home Landlord and Tenant Rights Act | ||
is amended by changing Section 3 as follows:
| ||
(765 ILCS 745/3) (from Ch. 80, par. 203)
| ||
Sec. 3. Definitions. Unless otherwise expressly defined, | ||
all terms in
this Act shall be construed to have their | ||
ordinarily accepted meanings or
such meaning as the context | ||
therein requires.
| ||
(a) "Person" means any legal entity, including but not | ||
limited to, an
individual, firm, partnership, association, | ||
trust, joint stock company,
corporation or successor of any of | ||
the foregoing.
| ||
(b) "Manufactured home" means a factory-assembled, | ||
completely integrated structure designed for permanent | ||
habitation, with a permanent chassis, and so constructed as to | ||
permit its transport, on wheels temporarily or permanently | ||
attached to its frame, and is a movable or portable unit that |
is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||
in length, and (iii) 320 or more square feet, constructed to be | ||
towed on its own chassis (comprised of frame and wheels) from | ||
the place of its construction to the location, or subsequent | ||
locations, at which it is installed and set up according to the | ||
manufacturer's instructions and connected to utilities for | ||
year-round occupancy for use as a permanent habitation, and | ||
designed and situated so as to permit its occupancy as a | ||
dwelling place for one or more persons. The term shall include | ||
units containing parts that may be folded, collapsed, or | ||
telescoped when being towed and that may be expected to provide | ||
additional cubic capacity, and that are designed to be joined | ||
into one integral unit capable of being separated again into | ||
the components for repeated towing. The term excludes campers | ||
and recreational vehicles. "Mobile Home" means a structure | ||
designed for permanent habitation
and so constructed as to | ||
permit its transport on wheels, temporarily or
permanently | ||
attached to its frame, from the place of its construction to
| ||
the location or subsequent locations at which it is intended to | ||
be a permanent
habitation and designed to permit the occupancy | ||
thereof as a dwelling place
of one or more persons, provided | ||
that any such structure served by individual
utilities and | ||
resting on a permanent foundation, with wheels, tongue and
| ||
hitch permanently removed, shall not be construed as a "mobile | ||
home".
| ||
(c) "Mobile Home Park" or "Park" means a tract of land or 2 |
contiguous tracts of land that contain sites with the necessary | ||
utilities for 5 or more mobile homes or manufactured homes. A | ||
mobile home park may be operated either free of charge or for | ||
revenue purposes. an area of land or lands upon which
five or | ||
more independent mobile homes are harbored for rent.
| ||
(d) "Park Owner" means the owner of a mobile home park and | ||
any person
authorized to exercise any aspect of the management | ||
of the premises, including
any person who directly or | ||
indirectly receives rents and has no obligation
to deliver the | ||
whole of such receipts to another person.
| ||
(e) "Tenant" means any person who occupies a mobile home | ||
rental unit for
dwelling purposes or a lot on which he parks a | ||
mobile home for an agreed
upon consideration.
| ||
(f) "Rent" means any money or other consideration given for | ||
the right
of use, possession and occupancy of property, be it a | ||
lot , a or mobile home , or both .
| ||
(g) "Master antenna television service" means any and all | ||
services
provided by or through the facilities of any closed | ||
circuit coaxial cable
communication system, or any microwave or | ||
similar transmission services
other than a community antenna | ||
television system as defined in Section
11-42-11 of the | ||
Illinois Municipal Code.
| ||
(Source: P.A. 85-990.)
| ||
Section 920. The Uniform Commercial Code is amended by | ||
changing Section 9-102 as follows:
|
(810 ILCS 5/9-102) (from Ch. 26, par. 9-102)
| ||
Sec. 9-102. Definitions and index of definitions.
| ||
(a) Article 9 definitions. In this Article:
| ||
(1) "Accession" means goods that are physically united | ||
with other
goods in such a manner that the identity of the | ||
original goods is not lost.
| ||
(2) "Account", except as used in "account for", means a | ||
right to
payment of a monetary obligation, whether or not | ||
earned by performance, (i) for
property that has been or is | ||
to be sold, leased, licensed, assigned, or
otherwise
| ||
disposed of, (ii) for services rendered or to be rendered, | ||
(iii) for a policy
of
insurance issued or to be issued, | ||
(iv) for a secondary obligation incurred or
to be
incurred, | ||
(v) for energy provided or to be provided, (vi) for the use | ||
or hire
of a
vessel under a charter or other contract, | ||
(vii) arising out of the use of a
credit or
charge card or | ||
information contained on or for use with the card, or | ||
(viii) as
winnings in a lottery or other game of chance | ||
operated or sponsored by a State,
governmental unit of a | ||
State, or person licensed or authorized to operate the
game
| ||
by a State or governmental unit of a State. The term | ||
includes
health-care-insurance
receivables. The term does | ||
not include (i) rights to payment evidenced by
chattel
| ||
paper or an instrument, (ii) commercial tort claims, (iii) | ||
deposit accounts,
(iv)
investment property, (v) |
letter-of-credit rights or letters of credit, or (vi)
| ||
rights to
payment for money or funds advanced or sold, | ||
other than rights arising out of
the
use of a credit or | ||
charge card or information contained on or for use with the
| ||
card.
| ||
(3) "Account debtor" means a person obligated on an | ||
account, chattel
paper, or general intangible. The term | ||
does not include persons obligated to
pay a
negotiable | ||
instrument, even if the instrument constitutes part of | ||
chattel
paper.
| ||
(4) "Accounting", except as used in "accounting for", | ||
means a record:
| ||
(A) authenticated by a secured party;
| ||
(B) indicating the aggregate unpaid secured | ||
obligations as of a date
not more than 35 days earlier | ||
or 35 days later than the date of the record; and
| ||
(C) identifying the components of the obligations | ||
in reasonable
detail.
| ||
(5) "Agricultural lien" means an interest, other than a | ||
security
interest,
in farm products:
| ||
(A) which secures payment or performance of an | ||
obligation for goods or services furnished in | ||
connection with a debtor's
farming operation;
| ||
(B) which is created by statute in favor of a | ||
person that in the ordinary course of its business | ||
furnished goods or
services to a debtor in connection |
with a debtor's farming operation; and
| ||
(C) whose effectiveness does not depend on the | ||
person's possession
of the personal property.
| ||
(6) "As-extracted collateral" means:
| ||
(A) oil, gas, or other minerals that are subject to | ||
a security interest
that:
| ||
(i) is created by a debtor having an interest | ||
in the minerals
before extraction; and
| ||
(ii) attaches to the minerals as extracted; or
| ||
(B) accounts arising out of the sale at the | ||
wellhead or minehead of
oil, gas, or other minerals in | ||
which the debtor had an interest before
extraction.
| ||
(7) "Authenticate" means:
| ||
(A) to sign; or
| ||
(B) to execute or otherwise adopt a symbol, or | ||
encrypt or similarly
process a record in whole or in | ||
part, with the present intent of the
authenticating
| ||
person to identify the person and adopt or accept a | ||
record.
| ||
(8) "Bank" means an organization that is engaged in the | ||
business of
banking. The term includes savings banks, | ||
savings and loan associations, credit
unions, and trust | ||
companies.
| ||
(9) "Cash proceeds" means proceeds that are money, | ||
checks, deposit
accounts, or the like.
| ||
(10) "Certificate of title" means a certificate of |
title with respect to
which a statute provides for the | ||
security interest in question to be indicated on the
| ||
certificate as a condition or result of the security | ||
interest's obtaining
priority over
the rights of a lien | ||
creditor with respect to the collateral.
| ||
(11) "Chattel paper" means a record or records that | ||
evidence both a
monetary obligation and a security interest | ||
in specific goods, a security
interest in
specific goods | ||
and software used in the goods, a security interest in | ||
specific
goods and license of software used in the goods, a | ||
lease of specific goods,
or a lease of specified goods and | ||
a license of
software
used in the goods. In this paragraph, | ||
"monetary obligation" means a monetary
obligation secured | ||
by the goods or owed under a lease of the goods and | ||
includes
a monetary obligation with respect to software | ||
used in the goods. The term
does not include (i) charters | ||
or other contracts involving the use or hire of a
vessel or | ||
(ii) records that evidence a right to payment arising out | ||
of the use
of a credit or charge card or information | ||
contained on or for use with the
card. If a transaction is | ||
evidenced by records that include an instrument or
series | ||
of
instruments, the group of records taken together
| ||
constitutes chattel paper.
| ||
(12) "Collateral" means the property subject to a | ||
security interest or
agricultural lien. The term includes:
| ||
(A) proceeds to which a security interest |
attaches;
| ||
(B) accounts, chattel paper, payment intangibles, | ||
and promissory
notes that have been sold; and
| ||
(C) goods that are the subject of a consignment.
| ||
(13) "Commercial tort claim" means a claim arising in | ||
tort with respect
to which:
| ||
(A) the claimant is an organization; or
| ||
(B) the claimant is an individual and the claim:
| ||
(i) arose in the course of the claimant's | ||
business or profession;
and
| ||
(ii) does not include damages arising out of | ||
personal injury to or
the death of an individual.
| ||
(14) "Commodity account" means an account maintained | ||
by a
commodity intermediary in which a commodity contract | ||
is carried for a commodity
customer.
| ||
(15) "Commodity contract" means a commodity futures | ||
contract, an
option on a commodity futures contract, a | ||
commodity option, or another contract if
the contract or | ||
option is:
| ||
(A) traded on or subject to the rules of a board of | ||
trade that has been
designated as a contract market for | ||
such a contract pursuant to federal commodities
laws; | ||
or
| ||
(B) traded on a foreign commodity board of trade, | ||
exchange, or
market, and is carried on the books of a | ||
commodity intermediary for a commodity
customer.
|
(16) "Commodity customer" means a person for which a | ||
commodity
intermediary carries a commodity contract on its | ||
books.
| ||
(17) "Commodity intermediary" means a person that:
| ||
(A) is registered as a futures commission merchant | ||
under federal
commodities law; or
| ||
(B) in the ordinary course of its business provides | ||
clearance or
settlement services for a board of trade | ||
that has been designated as a contract
market pursuant | ||
to federal commodities law.
| ||
(18) "Communicate" means:
| ||
(A) to send a written or other tangible record;
| ||
(B) to transmit a record by any means agreed upon | ||
by the persons
sending and receiving the record; or
| ||
(C) in the case of transmission of a record to or | ||
by a filing office, to
transmit a record by any means | ||
prescribed by filing-office rule.
| ||
(19) "Consignee" means a merchant to which goods are | ||
delivered in a
consignment.
| ||
(20) "Consignment" means a transaction, regardless of | ||
its form, in
which a person delivers goods to a merchant | ||
for the purpose of sale and:
| ||
(A) the merchant:
| ||
(i) deals in goods of that kind under a name | ||
other than the name
of the person making delivery;
| ||
(ii) is not an auctioneer; and
|
(iii) is not generally known by its creditors | ||
to be substantially
engaged in selling the goods of | ||
others;
| ||
(B) with respect to each delivery, the aggregate | ||
value of the goods is
$1,000 or more at the time of | ||
delivery;
| ||
(C) the goods are not consumer goods immediately | ||
before delivery;
and
| ||
(D) the transaction does not create a security | ||
interest that secures an
obligation.
| ||
(21) "Consignor" means a person that delivers goods to | ||
a consignee in
a consignment.
| ||
(22) "Consumer debtor" means a debtor in a consumer | ||
transaction.
| ||
(23) "Consumer goods" means goods that are used or | ||
bought for use
primarily for personal, family, or household | ||
purposes.
| ||
(24) "Consumer-goods transaction" means a consumer | ||
transaction in
which:
| ||
(A) an individual incurs an obligation primarily | ||
for personal, family,
or household purposes; and
| ||
(B) a security interest in consumer goods secures | ||
the obligation.
| ||
(25) "Consumer obligor" means an obligor who is an | ||
individual and
who incurred the obligation as part of a | ||
transaction entered into primarily for
personal, family, |
or household purposes.
| ||
(26) "Consumer transaction" means a transaction in | ||
which (i) an
individual incurs an obligation primarily for | ||
personal, family, or household
purposes, (ii) a security | ||
interest secures the obligation, and (iii) the collateral | ||
is held
or acquired primarily for personal, family, or | ||
household purposes. The term
includes consumer-goods | ||
transactions.
| ||
(27) "Continuation statement" means an amendment of a | ||
financing
statement which:
| ||
(A) identifies, by its file number, the initial | ||
financing statement to
which it relates; and
| ||
(B) indicates that it is a continuation statement | ||
for, or that it is filed
to continue the effectiveness | ||
of, the identified financing statement.
| ||
(28) "Debtor" means:
| ||
(A) a person having an interest, other than a | ||
security interest or other
lien, in the collateral, | ||
whether or not the person is an obligor;
| ||
(B) a seller of accounts, chattel paper, payment | ||
intangibles, or
promissory notes; or
| ||
(C) a consignee.
| ||
(29) "Deposit account" means a demand, time, savings, | ||
passbook,
nonnegotiable certificates of deposit,
| ||
uncertificated certificates of deposit, nontransferrable | ||
certificates of
deposit, or
similar account maintained |
with a bank. The term does not include investment
property | ||
or accounts evidenced by an instrument.
| ||
(30) "Document" means a document of title or a receipt | ||
of the type
described in Section 7-201(b).
| ||
(31) "Electronic chattel paper" means chattel paper | ||
evidenced by a
record or records consisting of information | ||
stored in an electronic medium.
| ||
(32) "Encumbrance" means a right, other than an | ||
ownership interest, in
real property. The term includes | ||
mortgages and other liens on real property.
| ||
(33) "Equipment" means goods other than inventory, | ||
farm products, or
consumer goods.
| ||
(34) "Farm products" means goods, other than standing | ||
timber, with
respect to which the debtor is engaged in a | ||
farming operation and which are:
| ||
(A) crops grown, growing, or to be grown, | ||
including:
| ||
(i) crops produced on trees, vines, and | ||
bushes; and
| ||
(ii) aquatic goods produced in aquacultural | ||
operations;
| ||
(B) livestock, born or unborn, including aquatic | ||
goods produced in
aquacultural operations;
| ||
(C) supplies used or produced in a farming | ||
operation; or
| ||
(D) products of crops or livestock in their |
unmanufactured states.
| ||
(35) "Farming operation" means raising, cultivating, | ||
propagating,
fattening, grazing, or any other farming, | ||
livestock, or aquacultural operation.
| ||
(36) "File number" means the number assigned to an | ||
initial financing
statement pursuant to Section 9-519(a).
| ||
(37) "Filing office" means an office designated in | ||
Section 9-501 as the
place to file a financing statement.
| ||
(38) "Filing-office rule" means a rule adopted | ||
pursuant to Section
9-526.
| ||
(39) "Financing statement" means a record or records | ||
composed of an
initial financing statement and any filed | ||
record relating to the initial financing
statement.
| ||
(40) "Fixture filing" means the filing of a financing | ||
statement covering
goods that are or are to become fixtures | ||
and satisfying Section 9-502(a) and (b).
The term includes | ||
the filing of a financing statement covering goods of a
| ||
transmitting utility which are or are to become fixtures.
| ||
(41) "Fixtures" means goods that have become so related | ||
to particular
real property that an interest in them arises | ||
under real property law.
| ||
(42) "General intangible" means any personal property, | ||
including
things in action, other than accounts, chattel | ||
paper, commercial tort claims, deposit
accounts, | ||
documents, goods, instruments, investment property, | ||
letter-of-credit
rights, letters of credit, money, and |
oil, gas, or other minerals before extraction.
The term | ||
includes payment intangibles and software.
| ||
(43) "Good faith" means honesty in fact and the | ||
observance of
reasonable commercial standards of fair | ||
dealing.
| ||
(44) "Goods" means all things that are movable when a | ||
security interest
attaches. The term includes (i) | ||
fixtures, (ii) standing timber that is to be cut and
| ||
removed under a conveyance or contract for sale, (iii) the | ||
unborn young of animals,
(iv) crops grown, growing, or to | ||
be grown, even if the crops are produced on trees,
vines, | ||
or bushes, and (v) manufactured homes. The term also | ||
includes a computer
program embedded in goods and any | ||
supporting information provided in
connection with a | ||
transaction relating to the program if (i) the program is
| ||
associated with the goods in such a manner that it | ||
customarily is considered part of
the goods, or (ii) by | ||
becoming the owner of the goods, a person acquires a right | ||
to
use the program in connection with the goods. The term | ||
does not include a
computer program embedded in goods that | ||
consist solely of the medium in which
the program is | ||
embedded. The term also does not include accounts, chattel | ||
paper,
commercial tort claims, deposit accounts, | ||
documents, general intangibles,
instruments, investment | ||
property, letter-of-credit rights, letters of credit, | ||
money, or
oil, gas, or other minerals before extraction.
|
(45) "Governmental unit" means a subdivision, agency, | ||
department,
county, parish, municipality, or other unit of | ||
the government of the United States, a
State, or a foreign | ||
country. The term includes an organization having a | ||
separate
corporate existence if the organization is | ||
eligible to issue debt on which interest is
exempt from | ||
income taxation under the laws of the United States.
| ||
(46) "Health-care-insurance receivable" means an | ||
interest in or claim
under a policy of insurance which is a | ||
right to payment of a monetary
obligation for
health-care | ||
goods or services provided.
| ||
(47) "Instrument" means a negotiable instrument or any | ||
other writing
that evidences a right to the payment of a | ||
monetary obligation, is not itself a
security agreement or | ||
lease, and is of a type that in ordinary course of
business | ||
is
transferred by delivery with any necessary indorsement | ||
or assignment. The term
does not include (i) investment | ||
property, (ii) letters of credit,
(iii) nonnegotiable
| ||
certificates of deposit, (iv) uncertificated certificates | ||
of deposit, (v)
nontransferrable certificates of deposit, | ||
or (vi)
writings that
evidence a right to payment arising | ||
out of the use of a credit or charge card
or
information | ||
contained on or for use with the card.
| ||
(48) "Inventory" means goods, other than farm | ||
products, which:
| ||
(A) are leased by a person as lessor;
|
(B) are held by a person for sale or lease or to be | ||
furnished under a
contract of service;
| ||
(C) are furnished by a person under a contract of | ||
service; or
| ||
(D) consist of raw materials, work in process, or | ||
materials used or
consumed in a business.
| ||
(49) "Investment property" means a security, whether | ||
certificated or
uncertificated, security entitlement, | ||
securities account, commodity contract, or
commodity | ||
account.
| ||
(50) "Jurisdiction of organization", with respect to a | ||
registered
organization, means the jurisdiction under | ||
whose law the organization is organized.
| ||
(51) "Letter-of-credit right" means a right to payment | ||
or performance
under a letter of credit, whether or not the | ||
beneficiary has demanded or is at the
time entitled to | ||
demand payment or performance. The term does not include | ||
the
right of a beneficiary to demand payment or performance | ||
under a letter of credit.
| ||
(52) "Lien creditor" means:
| ||
(A) a creditor that has acquired a lien on the | ||
property involved by
attachment, levy, or the like;
| ||
(B) an assignee for benefit of creditors from the | ||
time of assignment;
| ||
(C) a trustee in bankruptcy from the date of the | ||
filing of the petition;
or
|
(D) a receiver in equity from the time of | ||
appointment.
| ||
(53) "Manufactured home" means a factory-assembled, | ||
completely integrated structure designed for permanent | ||
habitation, with a permanent chassis, and so constructed as | ||
to permit its transport, on wheels temporarily or | ||
permanently attached to its frame, and is a movable or | ||
portable unit that is (i) 8 body feet or more in width, | ||
(ii) 40 body feet or more in length, and (iii) 320 or more | ||
square feet, constructed to be towed on its own chassis | ||
(comprised of frame and wheels) from the place of its | ||
construction to the location, or subsequent locations, at | ||
which it is installed and set up according to the | ||
manufacturer's instructions and connected to utilities for | ||
year-round occupancy for use as a permanent habitation, and | ||
designed and situated so as to permit its occupancy as a | ||
dwelling place for one or more persons. The term shall | ||
include units containing parts that may be folded, | ||
collapsed, or telescoped when being towed and that may be | ||
expected to provide additional cubic capacity, and that are | ||
designed to be joined into one integral unit capable of | ||
being separated again into the components for repeated | ||
towing. The term shall exclude campers and recreational | ||
vehicles. "Manufactured home" means a structure, | ||
transportable in one or
more sections, which, in the | ||
traveling mode, is eight body feet or more in width or
40 |
body feet or more in length, or, when erected on site, is | ||
320 or more square feet,
and which is built on a permanent | ||
chassis and designed to be used as a dwelling
with or | ||
without a permanent foundation when connected to the | ||
required utilities,
and includes the plumbing, heating, | ||
air-conditioning, and electrical systems
contained | ||
therein. The term includes any structure that meets all of | ||
the
requirements of this paragraph except the size | ||
requirements and with respect to
which the manufacturer | ||
voluntarily files a certification required by the United
| ||
States Secretary of Housing and Urban Development and | ||
complies with the
standards established under Title 42 of | ||
the United States Code.
| ||
(54) "Manufactured-home transaction" means a secured | ||
transaction:
| ||
(A) that creates a purchase-money security | ||
interest in a
manufactured home, other than a | ||
manufactured home held as inventory; or
| ||
(B) in which a manufactured home, other than a | ||
manufactured home
held as inventory, is the primary | ||
collateral.
| ||
(55) "Mortgage" means a consensual interest in real | ||
property, including
fixtures, which secures payment or | ||
performance of an obligation.
| ||
(56) "New debtor" means a person that becomes bound as | ||
debtor under
Section 9-203(d) by a security agreement |
previously entered into by another
person.
| ||
(57) "New value" means (i) money, (ii) money's worth in | ||
property,
services, or new credit, or (iii) release by a | ||
transferee of an interest in property
previously | ||
transferred to the transferee. The term does not include an | ||
obligation
substituted for another obligation.
| ||
(58) "Noncash proceeds" means proceeds other than cash | ||
proceeds.
| ||
(59) "Obligor" means a person that, with respect to an | ||
obligation
secured by a security interest in or an | ||
agricultural lien on the collateral,
(i) owes
payment or | ||
other performance of the obligation, (ii) has provided | ||
property
other
than the collateral to secure payment or | ||
other performance of the obligation,
or (iii)
is otherwise | ||
accountable in whole or in part for payment or other | ||
performance
of
the obligation. The term does not include | ||
issuers or nominated persons under a
letter of credit.
| ||
(60) "Original debtor",
except as used in Section
| ||
9-310(c), means
a person that, as debtor, entered into a
| ||
security agreement to which a new debtor has become bound | ||
under Section
9-203(d).
| ||
(61) "Payment intangible" means a general intangible | ||
under which the
account debtor's principal obligation is a | ||
monetary obligation.
| ||
(62) "Person related to", with respect to an | ||
individual, means:
|
(A) the spouse of the individual;
| ||
(B) a brother, brother-in-law, sister, or | ||
sister-in-law of the
individual;
| ||
(C) an ancestor or lineal descendant of the | ||
individual or the
individual's spouse; or
| ||
(D) any other relative, by blood or marriage, of | ||
the individual or the
individual's spouse who shares | ||
the same home with the individual.
| ||
(63) "Person related to", with respect to an | ||
organization, means:
| ||
(A) a person directly or indirectly controlling, | ||
controlled by, or
under common control with the | ||
organization;
| ||
(B) an officer or director of, or a person | ||
performing similar
functions with respect to, the | ||
organization;
| ||
(C) an officer or director of, or a person | ||
performing similar
functions with respect to, a person | ||
described in subparagraph (A);
| ||
(D) the spouse of an individual described in | ||
subparagraph (A), (B),
or (C); or
| ||
(E) an individual who is related by blood or | ||
marriage to an
individual described in subparagraph | ||
(A), (B), (C), or (D) and shares the same
home with the | ||
individual.
| ||
(64) "Proceeds", except as used in Section
9-609(b), |
means
the following property:
| ||
(A) whatever is acquired upon the sale, lease, | ||
license, exchange, or
other disposition of collateral;
| ||
(B) whatever is collected on, or distributed on | ||
account of, collateral;
| ||
(C) rights arising out of collateral;
| ||
(D) to the extent of the value of collateral, | ||
claims arising out of the
loss, nonconformity, or | ||
interference with the use of, defects or infringement
| ||
of
rights in, or damage to, the collateral; or
| ||
(E) to the extent of the value of collateral and to | ||
the extent payable
to the debtor or the secured party, | ||
insurance payable by reason of the loss or
| ||
nonconformity of, defects or infringement of rights | ||
in, or damage to, the
collateral.
| ||
(65) "Promissory note" means an instrument that | ||
evidences a promise
to pay a monetary obligation, does not | ||
evidence an order to pay, and does not
contain an | ||
acknowledgment by a bank that the bank has received for | ||
deposit a
sum
of money or funds.
| ||
(66) "Proposal" means a record authenticated by a | ||
secured party which
includes the terms on which the secured | ||
party is willing to accept collateral
in full
or partial | ||
satisfaction of the obligation it secures pursuant to | ||
Sections
9-620, 9-621,
and 9-622.
| ||
(67) "Public-finance transaction" means a secured |
transaction in
connection with which:
| ||
(A) debt securities are issued;
| ||
(B) all or a portion of the securities issued have | ||
an initial stated
maturity of at least 20 years; and
| ||
(C) the debtor, obligor, secured party, account | ||
debtor or other person
obligated on collateral, | ||
assignor or assignee of a secured obligation, or
| ||
assignor or
assignee of a security interest is a State | ||
or a governmental unit of a State.
| ||
(68) "Pursuant to commitment", with respect to an | ||
advance made or
other value given by a secured party, means | ||
pursuant to the secured party's
obligation, whether or not | ||
a subsequent event of default or other event not
within
the | ||
secured party's control has relieved or may relieve the | ||
secured party from
its
obligation.
| ||
(69) "Record", except as used in "for record", "of | ||
record", "record or
legal title", and "record owner", means | ||
information that is inscribed on a
tangible
medium or which | ||
is stored in an electronic or other medium and is | ||
retrievable
in
perceivable form.
| ||
(70) "Registered organization" means an organization | ||
organized solely
under the law of a single State or the | ||
United States and as to which the State
or the
United | ||
States must maintain a public record showing the | ||
organization to have
been
organized.
| ||
(71) "Secondary obligor" means an obligor to the extent |
that:
| ||
(A) the obligor's obligation is secondary; or
| ||
(B) the obligor has a right of recourse with | ||
respect to an obligation
secured by collateral against | ||
the debtor, another obligor, or property of
either.
| ||
(72) "Secured party" means:
| ||
(A) a person in whose favor a security interest is | ||
created or provided
for under a security agreement, | ||
whether or not any obligation to be secured is
| ||
outstanding;
| ||
(B) a person that holds an agricultural lien;
| ||
(C) a consignor;
| ||
(D) a person to which accounts, chattel paper, | ||
payment intangibles,
or promissory notes have been | ||
sold;
| ||
(E) a trustee, indenture trustee, agent, | ||
collateral agent, or other
representative in whose | ||
favor a security interest or agricultural lien is
| ||
created or
provided for; or
| ||
(F) a person that holds a security interest arising | ||
under Section
2-401, 2-505, 2-711(3), 2A-508(5), | ||
4-210, or 5-118.
| ||
(73) "Security agreement" means an agreement that | ||
creates or provides
for a security interest.
| ||
(74) "Send", in connection with a record or | ||
notification, means:
|
(A) to deposit in the mail, deliver for | ||
transmission, or transmit by
any other usual means of | ||
communication, with postage or cost of transmission
| ||
provided for, addressed to any address reasonable | ||
under the circumstances; or
| ||
(B) to cause the record or notification to be | ||
received within the time
that it would have been | ||
received if properly sent under subparagraph (A).
| ||
(75) "Software" means a computer program and any | ||
supporting
information provided in connection with a | ||
transaction relating to the program.
The
term does not | ||
include a computer program that is included in the | ||
definition of
goods.
| ||
(76) "State" means a State of the United States, the | ||
District of
Columbia, Puerto Rico, the United States Virgin | ||
Islands, or any territory or
insular
possession subject to | ||
the jurisdiction of the United States.
| ||
(77) "Supporting obligation" means a letter-of-credit | ||
right or secondary
obligation that supports the payment or | ||
performance of an account, chattel
paper, a
document, a | ||
general intangible, an instrument, or investment property.
| ||
(78) "Tangible chattel paper" means chattel paper | ||
evidenced by a
record or records consisting of information | ||
that is inscribed on a tangible
medium.
| ||
(79) "Termination statement" means an amendment of a | ||
financing
statement which:
|
(A) identifies, by its file number, the initial | ||
financing statement to
which it relates; and
| ||
(B) indicates either that it is a termination | ||
statement or that the
identified financing statement | ||
is no longer effective.
| ||
(80) "Transmitting utility" means a person primarily | ||
engaged in the
business of:
| ||
(A) operating a railroad, subway, street railway, | ||
or trolley bus;
| ||
(B) transmitting communications electrically, | ||
electromagnetically,
or by light;
| ||
(C) transmitting goods by pipeline or sewer; or
| ||
(D) transmitting or producing and transmitting | ||
electricity, steam,
gas, or water.
| ||
(b) Definitions in other Articles. "Control" as provided in | ||
Section 7-106 and the
following definitions in other
Articles | ||
apply to this Article:
| ||
"Applicant". Section 5-102.
| ||
"Beneficiary". Section 5-102.
| ||
"Broker". Section 8-102.
| ||
"Certificated security". Section 8-102.
| ||
"Check". Section 3-104.
| ||
"Clearing corporation". Section 8-102.
| ||
"Contract for sale". Section 2-106.
| ||
"Customer". Section 4-104.
| ||
"Entitlement holder". Section 8-102.
|
"Financial asset". Section 8-102.
| ||
"Holder in due course". Section 3-302.
| ||
"Issuer" (with respect to a letter of
credit or | ||
letter-of-credit right). Section 5-102.
| ||
"Issuer" (with respect to a security). Section 8-201.
| ||
"Issuer" (with respect to documents of title). Section | ||
7-102.
| ||
"Lease". Section 2A-103.
| ||
"Lease agreement". Section 2A-103.
| ||
"Lease contract". Section 2A-103.
| ||
"Leasehold interest". Section 2A-103.
| ||
"Lessee". Section 2A-103.
| ||
"Lessee in ordinary course of business". Section 2A-103.
| ||
"Lessor". Section 2A-103.
| ||
"Lessor's residual interest". Section 2A-103.
| ||
"Letter of credit". Section 5-102.
| ||
"Merchant". Section 2-104.
| ||
"Negotiable instrument". Section 3-104.
| ||
"Nominated person". Section 5-102.
| ||
"Note". Section 3-104.
| ||
"Proceeds of a letter of credit". Section 5-114.
| ||
"Prove". Section 3-103.
| ||
"Sale". Section 2-106.
| ||
"Securities account". Section 8-501.
| ||
"Securities intermediary". Section 8-102.
| ||
"Security". Section 8-102.
|
"Security certificate". Section 8-102.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
"Security entitlement". Section 8-102.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
"Uncertificated security". Section 8-102.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
(c) Article 1 definitions and principles. Article 1 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
contains general
definitions and principles of construction | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
and interpretation applicable
throughout
this Article.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
(Source: P.A. 95-895, eff. 1-1-09.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||
Section 999. Effective date. This Act takes effect January | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
1, 2011. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
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