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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Manufactured
Home
Installation Act.
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6 | Section 3. Legislative intent. The General Assembly finds | ||||||||||||||||||||||||
7 | that: | ||||||||||||||||||||||||
8 | Manufactured homes provide the only affordable home | ||||||||||||||||||||||||
9 | ownership resource for many citizens in Illinois. | ||||||||||||||||||||||||
10 | Manufactured home parks play an essential role in meeting | ||||||||||||||||||||||||
11 | the affordable housing needs of Illinois communities. | ||||||||||||||||||||||||
12 | Manufactured home parks provide an unsubsidized affordable | ||||||||||||||||||||||||
13 | housing option that meets the needs of society's most | ||||||||||||||||||||||||
14 | vulnerable citizens: low-income and moderate-income | ||||||||||||||||||||||||
15 | socio-economic groups, including senior citizens and others | ||||||||||||||||||||||||
16 | that are less capable economically but still require safe and | ||||||||||||||||||||||||
17 | affordable housing. | ||||||||||||||||||||||||
18 | Manufactured home parks are licensed, regulated, or | ||||||||||||||||||||||||
19 | inspected by government agencies to ensure that State, county, | ||||||||||||||||||||||||
20 | and municipal rules and regulations are enforced. | ||||||||||||||||||||||||
21 | Manufactured home park owners pay for and provide their | ||||||||||||||||||||||||
22 | tenants with a substantial number of services that homeowners | ||||||||||||||||||||||||
23 | outside a manufactured home park obtain through taxpayer funded |
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1 | government sources and subsidies. | ||||||
2 | Manufactured home parks have a lease requirement that sets | ||||||
3 | standards of behavior and responsibility through the | ||||||
4 | enforcement of rules and regulations, and compliance with these | ||||||
5 | requirements can significantly diminish local government | ||||||
6 | police costs. | ||||||
7 | Section 5. Definitions. As used in this Act:
| ||||||
8 | "Manufactured home" means a factory-assembled, completely | ||||||
9 | integrated structure designed for
permanent
habitation, with a | ||||||
10 | permanent chassis, and so constructed as to permit its
| ||||||
11 | transport, on
wheels temporarily or permanently attached to its | ||||||
12 | frame, and is a movable or portable unit that is (i) 8 body | ||||||
13 | feet or more in width, (ii) 40 body feet or more in length, and | ||||||
14 | (iii) 320 or more square feet, constructed to be towed on its | ||||||
15 | own chassis (comprised of frame and wheels)
from the place of | ||||||
16 | its
construction to the location, or subsequent locations, at | ||||||
17 | which it is installed and set up according to the | ||||||
18 | manufacturer's instructions and connected to utilities for | ||||||
19 | year-round occupancy
for use as a permanent habitation, and | ||||||
20 | designed and situated so as to
permit its
occupancy as a | ||||||
21 | dwelling place for one or more persons. The term shall include | ||||||
22 | units containing parts that may be folded, collapsed, or | ||||||
23 | telescoped when being towed and that may be expected to provide | ||||||
24 | additional cubic capacity, and that are designed to be joined | ||||||
25 | into one integral unit capable of being separated again into |
| |||||||
| |||||||
1 | the components for repeated towing. The term shall include | ||||||
2 | units designed to be used for residential, commercial, | ||||||
3 | educational, or industrial purposes, excluding, however, | ||||||
4 | campers and recreational vehicles. Mobile homes and | ||||||
5 | manufactured homes in mobile home parks must be assessed and | ||||||
6 | taxed as chattel. Mobile homes and manufactured homes outside | ||||||
7 | of mobile home parks must be assessed and taxed as real | ||||||
8 | property. The words "mobile home" and "manufactured home" are | ||||||
9 | synonymous for the purposes of this Act and do not include an | ||||||
10 | immobilized mobile home as defined in Section 2.10 of the | ||||||
11 | Mobile Home Park Act.
| ||||||
12 | The construction of mobile type dwellings known as | ||||||
13 | "manufactured homes" is regulated by the U.S. Department of | ||||||
14 | Housing and Urban Development. All mobile type homes | ||||||
15 | constructed after June 15, 1976, are manufactured homes and | ||||||
16 | must comply with the National Manufactured Home and | ||||||
17 | Construction Safety Standards; State and units of local | ||||||
18 | government are preempted from imposing any additional | ||||||
19 | construction requirements. The installation of these homes | ||||||
20 | must comply with the Manufactured Home Quality Assurance Act | ||||||
21 | and the Manufactured Home Installation Code (77 Ill. Adm. Code | ||||||
22 | 870). The location of these
homes is subject to local zoning | ||||||
23 | and covenant codes.
| ||||||
24 | Section 25 of the Manufactured Home Quality Assurance Act | ||||||
25 | requires licensed manufactured home installers to obtain from | ||||||
26 | the Department of Health a Manufactured Home Installation Seal. |
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| |||||||
1 | The seal is to be placed on the exterior of the manufactured | ||||||
2 | home above the HUD label after the installation is completed by | ||||||
3 | the licensed manufactured home installer, in accordance with | ||||||
4 | the Manufactured Home Installation Code (77 Ill. Adm. Code | ||||||
5 | 870). | ||||||
6 | "Mobile home park" means a tract of land or 2 contiguous | ||||||
7 | tracts of land that contain sites with the necessary utilities | ||||||
8 | for 5 or more mobile homes or manufactured homes. A mobile home | ||||||
9 | park may be operated either free of charge or for revenue | ||||||
10 | purposes. A mobile home or manufactured home installed in a | ||||||
11 | mobile home park must not be assessed and taxed as real | ||||||
12 | property and shall be taxed under the Mobile Home Local | ||||||
13 | Services Tax Act.
| ||||||
14 | Section 10. Installation requirements; classification as | ||||||
15 | real property. | ||||||
16 | (a) Except as provided in subsection (b), a mobile home or | ||||||
17 | manufactured home installed
on private property that is not in | ||||||
18 | a mobile home
park
on or after
the effective date of this Act | ||||||
19 | must be installed in accordance with the manufacturer's | ||||||
20 | instructions and classified, assessed, and taxed as real | ||||||
21 | property.
| ||||||
22 | (b) Mobile homes and manufactured homes that (i) are | ||||||
23 | located outside of mobile home parks and (ii) are taxed under | ||||||
24 | the Mobile Home Local Services Tax Act on the effective date of | ||||||
25 | this Act must continue to be taxed under the Mobile Home Local |
| |||||||
| |||||||
1 | Services Tax Act and shall not be classified, assessed, and | ||||||
2 | taxed as real property until the home is sold or transferred or | ||||||
3 | until the home is relocated to a different parcel of land | ||||||
4 | outside of a mobile home park. If a mobile home described in | ||||||
5 | this subsection (b) is sold, transferred, or relocated to a | ||||||
6 | different parcel of land outside of a mobile home park, then | ||||||
7 | the home shall be classified, assessed, and taxed as real | ||||||
8 | property. Mobile homes and manufactured homes that are | ||||||
9 | classified, assessed, and taxed as real property on the | ||||||
10 | effective date of this Act shall continue to be classified, | ||||||
11 | assessed, and taxed as real property. The owner of a mobile | ||||||
12 | home or manufactured home that is located outside of a mobile | ||||||
13 | home park may file a request with the Department of Revenue | ||||||
14 | that the home be classified, assessed, and taxed as real | ||||||
15 | property. | ||||||
16 | (c) Mobile homes and manufactured homes that are located in | ||||||
17 | mobile home parks must be taxed according to the Mobile Home | ||||||
18 | Local Services Tax Act.
| ||||||
19 | Section 795. The Use Tax Act is amended by adding Section | ||||||
20 | 3-3 as follows: | ||||||
21 | (35 ILCS 105/3-3 new) | ||||||
22 | Sec. 3-3. Mobile home sales. Beginning on the effective | ||||||
23 | date of this amendatory Act of the 96th General Assembly, the | ||||||
24 | tax imposed under this Act on new mobile homes and new |
| |||||||
| |||||||
1 | manufactured homes to be located outside of a mobile home park | ||||||
2 | shall be calculated against 40% of the selling price of the | ||||||
3 | home and against 100% of the selling price of any other | ||||||
4 | building materials used in the installation and set up of the | ||||||
5 | home. This provision does not change the current calculation of | ||||||
6 | the use tax for new mobile homes to be located inside of a | ||||||
7 | mobile home park. There shall be no additional use tax on the | ||||||
8 | resale of the home after the payment of the use tax on 40% of | ||||||
9 | the selling price for homes outside of mobile home parks. | ||||||
10 | Section 800. The Retailers' Occupation Tax Act is amended | ||||||
11 | by adding Section 5m as follows: | ||||||
12 | (35 ILCS 120/5m new) | ||||||
13 | Sec. 5m. Mobile home sales. Beginning on the effective date | ||||||
14 | of this amendatory Act of the 96th General Assembly, the tax | ||||||
15 | imposed under this Act on new mobile homes and new manufactured | ||||||
16 | homes to be located outside of a mobile home park shall be | ||||||
17 | calculated against 40% of the selling price of the home and | ||||||
18 | against 100% of the selling price of any other building | ||||||
19 | materials used in the installation and set up of the home. This | ||||||
20 | provision does not change the current calculation of the | ||||||
21 | retailers' occupation tax for new mobile homes to be located | ||||||
22 | inside a mobile home park. There shall be no additional | ||||||
23 | retailers' occupation tax on the resale of the home after the | ||||||
24 | payment of the retailers' occupation tax on 40% of the selling |
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| |||||||
1 | price for homes outside of mobile home parks. | ||||||
2 | Section 805. The Property Tax Code is amended by changing | ||||||
3 | Section 1-130 as follows:
| ||||||
4 | (35 ILCS 200/1-130)
| ||||||
5 | Sec. 1-130. Property; real property; real estate; land; | ||||||
6 | tract; lot. | ||||||
7 | (a) The land
itself, with all things contained therein, and | ||||||
8 | also all buildings, structures
and improvements, and other | ||||||
9 | permanent fixtures thereon, including all oil, gas,
coal , and | ||||||
10 | other minerals in the land and the right to remove oil, gas and | ||||||
11 | other
minerals, excluding coal, from the land, and all rights | ||||||
12 | and privileges
belonging or pertaining thereto, except where | ||||||
13 | otherwise specified by this Code.
Included therein is any | ||||||
14 | vehicle or similar portable structure used or so
constructed as | ||||||
15 | to permit its use as a dwelling place, if the structure is
| ||||||
16 | resting in whole on a permanent foundation.
Not included | ||||||
17 | therein are low-income housing tax credits authorized by
| ||||||
18 | Section
42 of the Internal Revenue Code, 26 U.S.C. 42.
| ||||||
19 | (b) Notwithstanding any other provision of law, mobile | ||||||
20 | homes and manufactured homes that (i) are located outside of | ||||||
21 | mobile home parks and (ii) are taxed under the Mobile Home | ||||||
22 | Local Services Tax Act on the effective date of this amendatory | ||||||
23 | Act of the 96th General Assembly shall continue to be taxed | ||||||
24 | under the Mobile Home Local Services Tax Act and shall not be |
| |||||||
| |||||||
1 | classified, assessed, and taxed as real property until the home | ||||||
2 | is sold or transferred or until the home is relocated to a | ||||||
3 | different parcel of land outside of a mobile home park. If a | ||||||
4 | mobile home described in this subsection (b) is sold, | ||||||
5 | transferred, or relocated to a different parcel of land outside | ||||||
6 | of a mobile home park, then the home shall be classified, | ||||||
7 | assessed, and taxed as real property. Mobile homes and | ||||||
8 | manufactured homes that are classified, assessed, and taxed as | ||||||
9 | real property on the effective date of this amendatory Act of | ||||||
10 | the 96th General Assembly shall continue to be classified, | ||||||
11 | assessed, and taxed as real property. If a mobile or | ||||||
12 | manufactured home that is located outside of a mobile home park | ||||||
13 | is relocated to a mobile home park, it must be considered | ||||||
14 | chattel and must be taxed according to the Mobile Home Local | ||||||
15 | Services Tax Act. The owner of a mobile home or manufactured | ||||||
16 | home that is located outside of a mobile home park may file a | ||||||
17 | request with the county that the home be classified, assessed, | ||||||
18 | and taxed as real property. | ||||||
19 | (c) Mobile homes and manufactured homes that are located in | ||||||
20 | mobile home parks must be considered chattel and must be taxed | ||||||
21 | according to the Mobile Home Local Services Tax Act. | ||||||
22 | (d) If the provisions of this Section conflict with the | ||||||
23 | Illinois Manufactured Housing and Mobile Home Safety Act, the | ||||||
24 | Mobile Home Local Services Tax Act, the Mobile Home Park Act, | ||||||
25 | or any other provision of law with respect to the taxation of | ||||||
26 | mobile homes or manufactured homes located outside of mobile |
| |||||||
| |||||||
1 | home parks, the provisions of this Section shall control. | ||||||
2 | (Source: P.A. 91-502, eff. 8-13-99.)
| ||||||
3 | Section 810. The Mobile Home Local Services Tax Act is | ||||||
4 | amended by changing Sections 1 and 4 as follows:
| ||||||
5 | (35 ILCS 515/1) (from Ch. 120, par. 1201)
| ||||||
6 | Sec. 1.
| ||||||
7 | (a) Except as provided in subsections (b) and (c), as As | ||||||
8 | used in this Act, "manufactured home" means a | ||||||
9 | factory-assembled, completely integrated structure designed | ||||||
10 | for permanent habitation, with a permanent chassis, and so | ||||||
11 | constructed as to permit its transport, on wheels temporarily | ||||||
12 | or permanently attached to its frame, and is a movable or | ||||||
13 | portable unit that is (i) 8 body feet or more in width, (ii) 40 | ||||||
14 | body feet or more in length, and (iii) 320 or more square feet, | ||||||
15 | constructed to be towed on its own chassis (comprised of frame | ||||||
16 | and wheels) from the place of its construction to the location, | ||||||
17 | or subsequent locations, at which it is installed and set up | ||||||
18 | according to the manufacturer's instructions and connected to | ||||||
19 | utilities for year-round occupancy for use as a permanent | ||||||
20 | habitation, and designed and situated so as to permit its | ||||||
21 | occupancy as a dwelling place for one or more persons. The term | ||||||
22 | shall include units containing parts that may be folded, | ||||||
23 | collapsed, or telescoped when being towed and that may be | ||||||
24 | expected to provide additional cubic capacity, and that are |
| |||||||
| |||||||
1 | designed to be joined into one integral unit capable of being | ||||||
2 | separated again into the components for repeated towing. The | ||||||
3 | term shall include units designed to be used for residential, | ||||||
4 | commercial, educational, or industrial purposes, excluding, | ||||||
5 | however, campers and recreational vehicles. Mobile homes and | ||||||
6 | manufactured homes in mobile home parks must be assessed and | ||||||
7 | taxed as chattel. Mobile homes and manufactured homes outside | ||||||
8 | of mobile home parks must be assessed and taxed as real | ||||||
9 | property. The words "mobile home" and "manufactured home" are | ||||||
10 | synonymous for the purposes of this Act and do not include an | ||||||
11 | immobilized mobile home as defined in Section 2.10 of the | ||||||
12 | Mobile Home Park Act. Any "mobile home" means a factory | ||||||
13 | assembled
structure designed for permanent habitation and so | ||||||
14 | constructed as to permit its
transport on wheels, temporarily | ||||||
15 | or permanently attached to its frame, from the
place of its | ||||||
16 | construction to the location, or subsequent locations, and
| ||||||
17 | placement on a temporary foundation, at which it is intended to | ||||||
18 | be a permanent
habitation, and situated so as to permit the | ||||||
19 | occupancy thereof as a dwelling
place for one or more persons, | ||||||
20 | provided that any such structure located outside of a mobile | ||||||
21 | home park resting in
whole on a permanent foundation, with | ||||||
22 | wheels, tongue and hitch removed at the
time of registration | ||||||
23 | provided for in Section 4 of this Act, shall not be
construed | ||||||
24 | as chattel a "mobile home" , but must shall be assessed and | ||||||
25 | taxed as real property
as defined by Section 1-130 of the | ||||||
26 | Property Tax Code. All mobile homes located inside mobile home |
| |||||||
| |||||||
1 | parks must be considered as chattel and taxed according to this | ||||||
2 | Act. Mobile homes owned by a
corporation or partnership and on | ||||||
3 | which personal property taxes are paid as
required under the | ||||||
4 | Revenue Act of 1939 shall not be subject to this tax. Mobile
| ||||||
5 | homes located on a dealer's lot for resale purposes or as a | ||||||
6 | temporary an office shall not
be subject to this tax.
| ||||||
7 | (b) Mobile homes and manufactured homes that (i) are | ||||||
8 | located outside of mobile home parks and (ii) are taxed under | ||||||
9 | this Act on the effective date of this amendatory Act of the | ||||||
10 | 96th General Assembly must continue to be taxed under this Act | ||||||
11 | and shall not be classified, assessed, and taxed as real | ||||||
12 | property until the home is sold, transferred, or relocated to a | ||||||
13 | different parcel of land outside of a mobile home park. If a | ||||||
14 | mobile home described in this subsection (b) is sold, | ||||||
15 | transferred, or relocated to a different parcel of land outside | ||||||
16 | of a mobile home park, then the home must be classified, | ||||||
17 | assessed, and taxed as real property. Mobile homes and | ||||||
18 | manufactured homes that are classified, assessed, and taxed as | ||||||
19 | real property on the effective date of this amendatory Act of | ||||||
20 | the 96th General Assembly must continue to be classified, | ||||||
21 | assessed, and taxed as real property. If a mobile or | ||||||
22 | manufactured home that is located outside of a mobile home park | ||||||
23 | is relocated to a mobile home park, the home must be considered | ||||||
24 | chattel and must be taxed according to the Mobile Home Local | ||||||
25 | Services Tax Act. The owner of a mobile home or manufactured | ||||||
26 | home that is located outside of a mobile home park may file a |
| |||||||
| |||||||
1 | request with the county that the home be classified, assessed, | ||||||
2 | and taxed as real property. | ||||||
3 | (c) Mobile homes and manufactured homes that are located in | ||||||
4 | mobile home parks must be considered chattel and must be taxed | ||||||
5 | according to this Act. | ||||||
6 | (Source: P.A. 88-670, eff. 12-2-94.)
| ||||||
7 | (35 ILCS 515/4) (from Ch. 120, par. 1204)
| ||||||
8 | Sec. 4.
The owner of each inhabited mobile home located in | ||||||
9 | this State , but not located inside of a mobile home park, on | ||||||
10 | the
effective date of this amendatory Act of the 96th General | ||||||
11 | Assembly Act shall, within 30 days after such date, file with | ||||||
12 | the
township assessor, if any, or with the Supervisor of | ||||||
13 | Assessments or county
assessor if there is no township | ||||||
14 | assessor, or with the county assessor in those
counties in | ||||||
15 | which a county assessor is elected pursuant to Section 3-45 of
| ||||||
16 | the Property Tax Code, a mobile home
registration form | ||||||
17 | containing the information hereinafter specified and record a | ||||||
18 | signed copy of the title or certificate of origin in the county | ||||||
19 | where the home is located or surrender the signed title or | ||||||
20 | certificate of origin to be held by the county until such time | ||||||
21 | as the home is to be removed from the county . Mobile home
park | ||||||
22 | operators shall forward a copy of the mobile home registration | ||||||
23 | form
provided in Section 12 of "An Act to provide for, license | ||||||
24 | and regulate mobile
homes and mobile home parks and to repeal | ||||||
25 | an Act named herein", approved
September 8, 1971, as amended, |
| |||||||
| |||||||
1 | to the township assessor, if any, or to
Supervisor of | ||||||
2 | Assessments or county assessor if there is no township | ||||||
3 | assessor,
or to the county assessor in those counties in which | ||||||
4 | a county assessor is
elected pursuant to Section 3-45 of the | ||||||
5 | Property Tax Code, within 5 days of the entry of a mobile home | ||||||
6 | into such
park. The owner of a mobile home not located in a | ||||||
7 | mobile home park shall,
within 30 days after initial placement | ||||||
8 | of such mobile home in any county and
within 30 days after | ||||||
9 | movement of such mobile home to a new location, file with
the | ||||||
10 | county assessor, Supervisor of Assessments or township | ||||||
11 | assessor, as the
case may be, a mobile home registration | ||||||
12 | showing the name and address of the
owner and every occupant of | ||||||
13 | the mobile home, the location of the mobile home,
the year of | ||||||
14 | manufacture, and the square feet of floor space contained in | ||||||
15 | such
mobile home together with the date that the mobile home | ||||||
16 | became inhabited, was
initially installed and set up placed in | ||||||
17 | the county, or was moved to a new location. Such
registration | ||||||
18 | shall also include the license number of such mobile home and | ||||||
19 | of
the towing vehicle, if there be any, and the State issuing | ||||||
20 | such licenses. In the case of a mobile home not located in a | ||||||
21 | mobile home park, the The
registration shall be signed by the | ||||||
22 | owner or occupant of the mobile home and the title or | ||||||
23 | certificate of origin shall be signed and recorded in the | ||||||
24 | county where the home is located or surrendered to the county | ||||||
25 | and held until such time the home is removed from the county. | ||||||
26 | Titles or certificates of origin held by a mortgage company on |
| |||||||
| |||||||
1 | the home shall be signed and recorded in the county where | ||||||
2 | located or surrendered to the county once the mortgage is | ||||||
3 | released. Failure to record or surrender the title or | ||||||
4 | certificate of origin shall not prevent the home from being | ||||||
5 | assessed and taxed as real property . It is
the duty of each | ||||||
6 | township assessor, if any, and each Supervisor of Assessments
| ||||||
7 | or county assessor if there is no township assessor, or the | ||||||
8 | county assessor in
those counties in which a county assessor is | ||||||
9 | elected pursuant to Section 3-45
of the Property Tax Code, to | ||||||
10 | require timely
filing of a properly completed registration for | ||||||
11 | each mobile home located in his
or her township or county, as | ||||||
12 | the case may be. Any person furnishing misinformation
for | ||||||
13 | purposes of registration or failing to file a required | ||||||
14 | registration is
guilty of a Class A misdemeanor. This Section | ||||||
15 | applies only when the tax
permitted by Section 3 has been | ||||||
16 | imposed on mobile homes located inside mobile home parks .
| ||||||
17 | (Source: P.A. 88-670, eff. 12-2-94.)
| ||||||
18 | Section 815. The Illinois Municipal Code is amended by | ||||||
19 | changing Section 2-3-1.1 as follows:
| ||||||
20 | (65 ILCS 5/2-3-1.1) (from Ch. 24, par. 2-3-1.1)
| ||||||
21 | Sec. 2-3-1.1.
As used in this Division 3, "immobile | ||||||
22 | dwelling" means any
dwelling place except a tent, camp trailer | ||||||
23 | or house car whether or not such
tent, camp trailer or house | ||||||
24 | car is placed on a foundation or otherwise
permanently affixed |
| |||||||
| |||||||
1 | to the realty, and except a house trailer, unless such
house | ||||||
2 | trailer is situated on a support system permanent foundation | ||||||
3 | and is assessed as real
property pursuant to the Property Tax | ||||||
4 | Code.
| ||||||
5 | (Source: P.A. 88-670, eff. 12-2-94.)
| ||||||
6 | Section 900. The Mobile Home Park Act is amended by | ||||||
7 | changing Sections 2.1 and 2.10 as follows:
| ||||||
8 | (210 ILCS 115/2.1) (from Ch. 111 1/2, par. 712.1)
| ||||||
9 | Sec. 2.1.
"Manufactured home" means a factory-assembled, | ||||||
10 | completely integrated structure designed for permanent | ||||||
11 | habitation, with a permanent chassis, and so constructed as to | ||||||
12 | permit its transport, on wheels temporarily or permanently | ||||||
13 | attached to its frame, and is a movable or portable unit that | ||||||
14 | is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||||||
15 | in length, and (iii) 320 or more square feet, constructed to be | ||||||
16 | towed on its own chassis (comprised of frame and wheels) from | ||||||
17 | the place of its construction to the location, or subsequent | ||||||
18 | locations, at which it is installed and set up according to the | ||||||
19 | manufacturer's instructions and connected to utilities for | ||||||
20 | year-round occupancy for use as a permanent habitation, and | ||||||
21 | designed and situated so as to permit its occupancy as a | ||||||
22 | dwelling place for one or more persons. The term shall include | ||||||
23 | units containing parts that may be folded, collapsed, or | ||||||
24 | telescoped when being towed and that may be expected to provide |
| |||||||
| |||||||
1 | additional cubic capacity, and that are designed to be joined | ||||||
2 | into one integral unit capable of being separated again into | ||||||
3 | the components for repeated towing. The term shall include | ||||||
4 | units designed to be used for residential, commercial, | ||||||
5 | educational, or industrial purposes, excluding, however, | ||||||
6 | campers and recreational vehicles. "Mobile home" means a | ||||||
7 | structure designed for permanent
habitation and so constructed | ||||||
8 | as to permit its transport on wheels,
temporarily or | ||||||
9 | permanently attached to its frame, from the place of its
| ||||||
10 | construction to the location, or subsequent locations, at which | ||||||
11 | it is
intended to be a permanent habitation and designed to | ||||||
12 | permit the occupancy
thereof as a dwelling place for 1 or more | ||||||
13 | persons. The term "mobile home"
shall not include modular homes | ||||||
14 | and their support systems include manufactured homes | ||||||
15 | constructed after June 30, 1976, in
accordance with the Federal | ||||||
16 | "National Manufactured Housing Construction and
Safety | ||||||
17 | Standards Act of 1974" .
| ||||||
18 | (Source: P.A. 85-565.)
| ||||||
19 | (210 ILCS 115/2.10) (from Ch. 111 1/2, par. 712.10)
| ||||||
20 | Sec. 2.10.
"Immobilized mobile home" means a mobile home | ||||||
21 | served by
individual utilities, resting on a support system | ||||||
22 | according to the manufacturer's instructions, and on a | ||||||
23 | permanent perimeter foundation which
extends below the | ||||||
24 | established frost depth with the wheels, tongue and hitch
| ||||||
25 | removed and the home secured in compliance with the Mobile Home |
| |||||||
| |||||||
1 | Tiedown Act.
| ||||||
2 | (Source: P.A. 85-565.)
| ||||||
3 | Section 903. The Abandoned Mobile Home Act is amended by | ||||||
4 | changing Section 10 as follows:
| ||||||
5 | (210 ILCS 117/10)
| ||||||
6 | Sec. 10. Definitions.
| ||||||
7 | "Manufactured home" means a factory-assembled, completely | ||||||
8 | integrated structure designed for permanent habitation, with a | ||||||
9 | permanent chassis, and so constructed as to permit its | ||||||
10 | transport, on wheels temporarily or permanently attached to its | ||||||
11 | frame, and is a movable or portable unit that is (i) 8 body | ||||||
12 | feet or more in width, (ii) 40 body feet or more in length, and | ||||||
13 | (iii) 320 or more square feet, constructed to be towed on its | ||||||
14 | own chassis (comprised of frame and wheels) from the place of | ||||||
15 | its construction to the location, or subsequent locations, at | ||||||
16 | which it is installed and set up according to the | ||||||
17 | manufacturer's instructions and connected to utilities for | ||||||
18 | year-round occupancy for use as a permanent habitation, and | ||||||
19 | designed and situated so as to permit its occupancy as a | ||||||
20 | dwelling place for one or more persons. The term shall include | ||||||
21 | units containing parts that may be folded, collapsed, or | ||||||
22 | telescoped when being towed and that may be expected to provide | ||||||
23 | additional cubic capacity, and that are designed to be joined | ||||||
24 | into one integral unit capable of being separated again into |
| |||||||
| |||||||
1 | the components for repeated towing. The term shall include | ||||||
2 | units designed to be used for residential, commercial, | ||||||
3 | educational, or industrial purposes, excluding, however, | ||||||
4 | campers and recreational vehicles. "Mobile home" means a | ||||||
5 | structure designed for permanent habitation and
constructed to | ||||||
6 | permit its transport on wheels, temporarily or
permanently | ||||||
7 | attached to its frame, from its place of construction to a
| ||||||
8 | location where it is intended to be a
permanent habitation.
| ||||||
9 | "Mobile home" does not include a structure that is
served by | ||||||
10 | individual utilities and that rests on a permanent foundation
| ||||||
11 | with its wheels, tongue, and hitch permanently removed.
| ||||||
12 | "Abandoned mobile home" means a mobile home that has no | ||||||
13 | owner currently
residing in the mobile home or authorized | ||||||
14 | tenant of the owner currently
residing in the mobile home to | ||||||
15 | the best knowledge of the municipality;
has had its | ||||||
16 | electricity,
natural gas, sewer, and water payments declared | ||||||
17 | delinquent
by the utility companies that are providing such | ||||||
18 | services; and for which
the Mobile Home Privilege Tax, imposed | ||||||
19 | under the Mobile Home Local
Services Tax Act, is delinquent for | ||||||
20 | at least 3 months.
| ||||||
21 | "Municipality" means any city, village, incorporated town, | ||||||
22 | or its duly
authorized agent. If an abandoned mobile home is | ||||||
23 | located in an
unincorporated area, the county where the mobile | ||||||
24 | home is located shall have
all powers granted to a
municipality | ||||||
25 | under this Act.
| ||||||
26 | (Source: P.A. 88-516.)
|
| |||||||
| |||||||
1 | Section 905. The Illinois Manufactured Housing and Mobile | ||||||
2 | Home Safety Act is amended by changing Section 2 as follows:
| ||||||
3 | (430 ILCS 115/2) (from Ch. 67 1/2, par. 502)
| ||||||
4 | Sec. 2.
Unless clearly indicated otherwise by the context, | ||||||
5 | the
following words and terms when used in this Act, for the | ||||||
6 | purpose of this
Act, shall have the following meanings:
| ||||||
7 | (a) "Manufactured home" means a factory-assembled, | ||||||
8 | completely integrated structure designed for permanent | ||||||
9 | habitation, with a permanent chassis, and so constructed as to | ||||||
10 | permit its transport, on wheels temporarily or permanently | ||||||
11 | attached to its frame, and is a movable or portable unit that | ||||||
12 | is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||||||
13 | in length, and (iii) 320 or more square feet, constructed to be | ||||||
14 | towed on its own chassis (comprised of frame and wheels) from | ||||||
15 | the place of its construction to the location, or subsequent | ||||||
16 | locations, at which it is installed and set up according to the | ||||||
17 | manufacturer's instructions and connected to utilities for | ||||||
18 | year-round occupancy for use as a permanent habitation, and | ||||||
19 | designed and situated so as to permit its occupancy as a | ||||||
20 | dwelling place for one or more persons. The term shall include | ||||||
21 | units containing parts that may be folded, collapsed, or | ||||||
22 | telescoped when being towed and that may be expected to provide | ||||||
23 | additional cubic capacity, and that are designed to be joined | ||||||
24 | into one integral unit capable of being separated again into |
| |||||||
| |||||||
1 | the components for repeated towing. The term shall include | ||||||
2 | units designed to be used for residential, commercial, | ||||||
3 | educational, or industrial purposes, excluding, however, | ||||||
4 | campers and recreational vehicles. The terms "mobile home" and | ||||||
5 | "manufactured home" do not include modular homes or | ||||||
6 | manufactured housing units. "Mobile home" means a movable or | ||||||
7 | portable unit, which is 8 body
feet or more in width and is 32 | ||||||
8 | body feet or more in length, and
constructed to be towed on its | ||||||
9 | own chassis (comprised of frame and
wheels) from the place of | ||||||
10 | construction to the location or subsequent
locations, subject | ||||||
11 | to the provisions of Chapter 15 of The Illinois
Vehicle Code, | ||||||
12 | and designed to be used without a permanent foundation and
| ||||||
13 | connected to utilities for year round occupancy with or without | ||||||
14 | a
permanent foundation. The term shall include: (1) units | ||||||
15 | containing
parts that may be folded, collapsed, or telescoped | ||||||
16 | when being towed and
that may be expanded to provide additional | ||||||
17 | cubic capacity, and (2) units
composed of two or more | ||||||
18 | separately towable components designed to be
joined into one | ||||||
19 | integral unit capable of being separated again into the
| ||||||
20 | components for repeated towing. The term shall include units | ||||||
21 | designed
to be used for residential, commercial, educational or | ||||||
22 | industrial
purposes, excluding, however, recreational | ||||||
23 | vehicles.
| ||||||
24 | (b) "Person" means a person, partnership, corporation, or | ||||||
25 | other
legal entity.
| ||||||
26 | (c) "Manufacturer" means any person who manufactures |
| |||||||
| |||||||
1 | mobile homes or
manufactured housing at the place or places, | ||||||
2 | either on or away from the
building site, at which machinery, | ||||||
3 | equipment and other capital goods are
assembled and operated | ||||||
4 | for the purpose of making, fabricating, forming
or assembling | ||||||
5 | mobile homes or manufactured housing.
| ||||||
6 | (d) "Department" means the Department of Public Health.
| ||||||
7 | (e) "Director" means the Director of the Department of | ||||||
8 | Public
Health.
| ||||||
9 | (f) "Dealer" means any person, other than a manufacturer, | ||||||
10 | as defined
in this Act, who sells 3 or more mobile homes or | ||||||
11 | manufactured housing
units in any consecutive 12-month period.
| ||||||
12 | (g) "Codes" means the safety codes for manufactured housing | ||||||
13 | and
mobile homes promulgated by the Department. The Codes shall | ||||||
14 | contain the
standards and requirements for manufactured | ||||||
15 | housing and mobile homes so
that adequate performance for the | ||||||
16 | intended use is made the test of
acceptability. The Code of | ||||||
17 | Standards shall permit the use of new and
used technology, | ||||||
18 | techniques, methods and materials, for both
manufactured | ||||||
19 | housing and mobile homes, consistent with recognized and
| ||||||
20 | accepted standards adopted by the Building Officials | ||||||
21 | Conference of
America, the International Conference of | ||||||
22 | Building Officials, the
Southern Building Codes Congress, the | ||||||
23 | National Fire Protection
Association, the International | ||||||
24 | Association of Plumbing and Mechanical
Officials, the American | ||||||
25 | National Standards Institute, the Illinois State
Plumbing | ||||||
26 | Code, and the United States Department of Housing and Urban
|
| |||||||
| |||||||
1 | Development, hereinafter referred to as "HUD", applying to | ||||||
2 | manufactured
housing and mobile homes placed on a support | ||||||
3 | system specified by the home's manufacturer . A copy of said | ||||||
4 | safety codes, including said
revisions thereof is on file with | ||||||
5 | the Department.
| ||||||
6 | (h) "Seal" means a device or insignia issued by the | ||||||
7 | Department to be
displayed on the exterior of the mobile home | ||||||
8 | or the interior of a manufactured housing
unit or modular home | ||||||
9 | to evidence compliance with the applicable safety code.
| ||||||
10 | (i) "Modular home" "Manufactured housing" or "manufactured | ||||||
11 | housing unit" means a
building assembly or system of building | ||||||
12 | sub-assemblies, designed for
habitation as a dwelling for one | ||||||
13 | or more persons, including the
necessary electrical, plumbing, | ||||||
14 | heating, ventilating and other service
systems, which is of | ||||||
15 | closed or open construction and which is made or
assembled by a | ||||||
16 | manufacturer, on or off the building site, for
installation, or | ||||||
17 | assembly and installation, on the building site, installed and | ||||||
18 | set up according to the manufacturer's instructions on an | ||||||
19 | approved foundation and support system. The construction of | ||||||
20 | modular dwelling units located in Illinois is regulated by the | ||||||
21 | Illinois Department of Public Health. with a
permanent | ||||||
22 | foundation.
| ||||||
23 | (j) "Closed construction" is any building, component, | ||||||
24 | assembly or
system manufactured in such a manner that all | ||||||
25 | portions cannot readily be
inspected at the installation site | ||||||
26 | without disassembly, damage to, or
destruction thereof.
|
| |||||||
| |||||||
1 | (k) "Open construction" is any building, component, | ||||||
2 | assembly or
system manufactured in such a manner that all | ||||||
3 | portions can be readily
inspected at the installation site | ||||||
4 | without disassembly, damage to, or
destruction thereof.
| ||||||
5 | (l) "Approved foundation and support system" "Permanent | ||||||
6 | foundation" means , for a modular home or modular dwelling unit, | ||||||
7 | a closed perimeter formation
consisting of materials such as | ||||||
8 | concrete, mortared concrete block, or
mortared brick extending | ||||||
9 | into the ground below the frost line which
shall include, but | ||||||
10 | not necessarily be limited to, cellars, basements, or
crawl | ||||||
11 | spaces, and does include but does exclude the use of piers | ||||||
12 | supporting the marriage wall of the home that extend below the | ||||||
13 | frost line .
| ||||||
14 | (m) "Code compliance certificate" means the certificate | ||||||
15 | provided by
the manufacturer to the Department that warrants | ||||||
16 | that the manufactured
housing unit or mobile home complies with | ||||||
17 | the applicable code.
| ||||||
18 | (n) "Manufactured housing", "manufactured housing unit", | ||||||
19 | "modular dwelling", and "modular home" shall not be confused | ||||||
20 | with "manufactured home" or "mobile home". | ||||||
21 | (Source: P.A. 79-731 .)
| ||||||
22 | Section 910. The Manufactured Home Quality Assurance Act is | ||||||
23 | amended by changing Section 10 as follows:
| ||||||
24 | (430 ILCS 117/10)
|
| |||||||
| |||||||
1 | Sec. 10. Definitions. In this Act:
| ||||||
2 | "Department" means the Illinois Department of Public | ||||||
3 | Health.
| ||||||
4 | "Licensed installer" means a person who has successfully
| ||||||
5 | completed a manufactured home installation course approved
by | ||||||
6 | the Department and paid the required fees.
| ||||||
7 | "Manufactured home" means a factory-assembled, completely | ||||||
8 | integrated structure designed for permanent habitation, with a | ||||||
9 | permanent chassis, and so constructed as to permit its | ||||||
10 | transport, on wheels temporarily or permanently attached to its | ||||||
11 | frame, and is a movable or portable unit that is (i) 8 body | ||||||
12 | feet or more in width, (ii) 40 body feet or more in length, and | ||||||
13 | (iii) 320 or more square feet, constructed to be towed on its | ||||||
14 | own chassis (comprised of frame and wheels) from the place of | ||||||
15 | its construction to the location, or subsequent locations, at | ||||||
16 | which it is installed and set up according to the | ||||||
17 | manufacturer's instructions and connected to utilities for | ||||||
18 | year-round occupancy for use as a permanent habitation, and | ||||||
19 | designed and situated so as to permit its occupancy as a | ||||||
20 | dwelling place for one or more persons. The term shall include | ||||||
21 | units containing parts that may be folded, collapsed, or | ||||||
22 | telescoped when being towed and that may be expected to provide | ||||||
23 | additional cubic capacity, and that are designed to be joined | ||||||
24 | into one integral unit capable of being separated again into | ||||||
25 | the components for repeated towing. The term shall include | ||||||
26 | units designed to be used for residential, commercial, |
| |||||||
| |||||||
1 | educational, or industrial purposes, excluding, however, | ||||||
2 | campers and recreational vehicles. "Manufactured home" is | ||||||
3 | synonymous with "mobile home"
and means a structure that is a | ||||||
4 | factory-assembled,
completely integrated structure designed | ||||||
5 | for permanent habitation,
with a permanent chassis and so | ||||||
6 | constructed as to permit
its transport, on wheels temporarily | ||||||
7 | or permanently attached
to its frame, from the place of its | ||||||
8 | construction to
the location, or subsequent locations, at which | ||||||
9 | it is placed on
a support system for use as a permanent | ||||||
10 | habitation,
and designed and situated so as to permit its | ||||||
11 | occupancy as
a dwelling place for one or more persons; | ||||||
12 | provided, that
any such structure resting wholly on a permanent
| ||||||
13 | foundation, which is a continuous perimeter foundation of | ||||||
14 | material
such as mortared concrete block, mortared brick, or | ||||||
15 | concrete
which extends into the ground below the established | ||||||
16 | frost depth
and to which the home is secured with foundation | ||||||
17 | bolts at
least one-half inch in diameter, spaced at intervals | ||||||
18 | of no
more than 6 feet and within one foot of the corners, and
| ||||||
19 | embedded at least 7 inches into concrete foundations or 15 | ||||||
20 | inches
into block foundations, shall not be construed as a | ||||||
21 | mobile home
or manufactured home. The term "manufactured home"
| ||||||
22 | includes manufactured homes constructed after June 30, 1976
in | ||||||
23 | accordance with the federal National Manufactured
Housing | ||||||
24 | Construction and Safety Standards Act of 1974 and does
not | ||||||
25 | include an immobilized mobile home as defined in Section
2.10 | ||||||
26 | of the Mobile Home Park Act.
|
| |||||||
| |||||||
1 | "Manufacturer" means a manufacturer of a manufactured | ||||||
2 | home, whether
the manufacturer is located within or outside of | ||||||
3 | the State of Illinois.
| ||||||
4 | "Mobile home" or "manufactured home" does not include a | ||||||
5 | modular home. means a manufactured home.
| ||||||
6 | "Mobile home park" means a tract of land or 2 contiguous | ||||||
7 | tracts of land that contain sites with the necessary utilities | ||||||
8 | for 5 or more mobile homes or manufactured homes. A mobile home | ||||||
9 | park may be operated either free of charge or for revenue | ||||||
10 | purposes. a tract of land or 2 or
more contiguous tracts of | ||||||
11 | land which contain sites with
the necessary utilities for 5 or | ||||||
12 | more manufactured homes
either free of charge or for revenue | ||||||
13 | purposes.
| ||||||
14 | (Source: P.A. 92-410, eff. 1-1-02 .)
| ||||||
15 | Section 915. The Mobile Home Landlord and Tenant Rights Act | ||||||
16 | is amended by changing Section 3 as follows:
| ||||||
17 | (765 ILCS 745/3) (from Ch. 80, par. 203)
| ||||||
18 | Sec. 3. Definitions. Unless otherwise expressly defined, | ||||||
19 | all terms in
this Act shall be construed to have their | ||||||
20 | ordinarily accepted meanings or
such meaning as the context | ||||||
21 | therein requires.
| ||||||
22 | (a) "Person" means any legal entity, including but not | ||||||
23 | limited to, an
individual, firm, partnership, association, | ||||||
24 | trust, joint stock company,
corporation or successor of any of |
| |||||||
| |||||||
1 | the foregoing.
| ||||||
2 | (b) "Manufactured home" means a factory-assembled, | ||||||
3 | completely integrated structure designed for permanent | ||||||
4 | habitation, with a permanent chassis, and so constructed as to | ||||||
5 | permit its transport, on wheels temporarily or permanently | ||||||
6 | attached to its frame, and is a movable or portable unit that | ||||||
7 | is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||||||
8 | in length, and (iii) 320 or more square feet, constructed to be | ||||||
9 | towed on its own chassis (comprised of frame and wheels) from | ||||||
10 | the place of its construction to the location, or subsequent | ||||||
11 | locations, at which it is installed and set up according to the | ||||||
12 | manufacturer's instructions and connected to utilities for | ||||||
13 | year-round occupancy for use as a permanent habitation, and | ||||||
14 | designed and situated so as to permit its occupancy as a | ||||||
15 | dwelling place for one or more persons. The term shall include | ||||||
16 | units containing parts that may be folded, collapsed, or | ||||||
17 | telescoped when being towed and that may be expected to provide | ||||||
18 | additional cubic capacity, and that are designed to be joined | ||||||
19 | into one integral unit capable of being separated again into | ||||||
20 | the components for repeated towing. The term shall include | ||||||
21 | units designed to be used for residential, commercial, | ||||||
22 | educational, or industrial purposes, excluding, however, | ||||||
23 | campers and recreational vehicles. "Mobile Home" means a | ||||||
24 | structure designed for permanent habitation
and so constructed | ||||||
25 | as to permit its transport on wheels, temporarily or
| ||||||
26 | permanently attached to its frame, from the place of its |
| |||||||
| |||||||
1 | construction to
the location or subsequent locations at which | ||||||
2 | it is intended to be a permanent
habitation and designed to | ||||||
3 | permit the occupancy thereof as a dwelling place
of one or more | ||||||
4 | persons, provided that any such structure served by individual
| ||||||
5 | utilities and resting on a permanent foundation, with wheels, | ||||||
6 | tongue and
hitch permanently removed, shall not be construed as | ||||||
7 | a "mobile home".
| ||||||
8 | (c) "Mobile Home Park" or "Park" means a tract of land or 2 | ||||||
9 | contiguous tracts of land that contain sites with the necessary | ||||||
10 | utilities for 5 or more mobile homes or manufactured homes. A | ||||||
11 | mobile home park may be operated either free of charge or for | ||||||
12 | revenue purposes. an area of land or lands upon which
five or | ||||||
13 | more independent mobile homes are harbored for rent.
| ||||||
14 | (d) "Park Owner" means the owner of a mobile home park and | ||||||
15 | any person
authorized to exercise any aspect of the management | ||||||
16 | of the premises, including
any person who directly or | ||||||
17 | indirectly receives rents and has no obligation
to deliver the | ||||||
18 | whole of such receipts to another person.
| ||||||
19 | (e) "Tenant" means any person who occupies a mobile home | ||||||
20 | rental unit for
dwelling purposes or a lot on which he parks a | ||||||
21 | mobile home for an agreed
upon consideration.
| ||||||
22 | (f) "Rent" means any money or other consideration given for | ||||||
23 | the right
of use, possession and occupancy of property, be it a | ||||||
24 | lot , a or mobile home , or both .
| ||||||
25 | (g) "Master antenna television service" means any and all | ||||||
26 | services
provided by or through the facilities of any closed |
| |||||||
| |||||||
1 | circuit coaxial cable
communication system, or any microwave or | ||||||
2 | similar transmission services
other than a community antenna | ||||||
3 | television system as defined in Section
11-42-11 of the | ||||||
4 | Illinois Municipal Code.
| ||||||
5 | (Source: P.A. 85-990.)
| ||||||
6 | Section 920. The Uniform Commercial Code is amended by | ||||||
7 | changing Section 9-102 as follows:
| ||||||
8 | (810 ILCS 5/9-102) (from Ch. 26, par. 9-102)
| ||||||
9 | Sec. 9-102. Definitions and index of definitions.
| ||||||
10 | (a) Article 9 definitions. In this Article:
| ||||||
11 | (1) "Accession" means goods that are physically united | ||||||
12 | with other
goods in such a manner that the identity of the | ||||||
13 | original goods is not lost.
| ||||||
14 | (2) "Account", except as used in "account for", means a | ||||||
15 | right to
payment of a monetary obligation, whether or not | ||||||
16 | earned by performance, (i) for
property that has been or is | ||||||
17 | to be sold, leased, licensed, assigned, or
otherwise
| ||||||
18 | disposed of, (ii) for services rendered or to be rendered, | ||||||
19 | (iii) for a policy
of
insurance issued or to be issued, | ||||||
20 | (iv) for a secondary obligation incurred or
to be
incurred, | ||||||
21 | (v) for energy provided or to be provided, (vi) for the use | ||||||
22 | or hire
of a
vessel under a charter or other contract, | ||||||
23 | (vii) arising out of the use of a
credit or
charge card or | ||||||
24 | information contained on or for use with the card, or |
| |||||||
| |||||||
1 | (viii) as
winnings in a lottery or other game of chance | ||||||
2 | operated or sponsored by a State,
governmental unit of a | ||||||
3 | State, or person licensed or authorized to operate the
game
| ||||||
4 | by a State or governmental unit of a State. The term | ||||||
5 | includes
health-care-insurance
receivables. The term does | ||||||
6 | not include (i) rights to payment evidenced by
chattel
| ||||||
7 | paper or an instrument, (ii) commercial tort claims, (iii) | ||||||
8 | deposit accounts,
(iv)
investment property, (v) | ||||||
9 | letter-of-credit rights or letters of credit, or (vi)
| ||||||
10 | rights to
payment for money or funds advanced or sold, | ||||||
11 | other than rights arising out of
the
use of a credit or | ||||||
12 | charge card or information contained on or for use with the
| ||||||
13 | card.
| ||||||
14 | (3) "Account debtor" means a person obligated on an | ||||||
15 | account, chattel
paper, or general intangible. The term | ||||||
16 | does not include persons obligated to
pay a
negotiable | ||||||
17 | instrument, even if the instrument constitutes part of | ||||||
18 | chattel
paper.
| ||||||
19 | (4) "Accounting", except as used in "accounting for", | ||||||
20 | means a record:
| ||||||
21 | (A) authenticated by a secured party;
| ||||||
22 | (B) indicating the aggregate unpaid secured | ||||||
23 | obligations as of a date
not more than 35 days earlier | ||||||
24 | or 35 days later than the date of the record; and
| ||||||
25 | (C) identifying the components of the obligations | ||||||
26 | in reasonable
detail.
|
| |||||||
| |||||||
1 | (5) "Agricultural lien" means an interest, other than a | ||||||
2 | security
interest,
in farm products:
| ||||||
3 | (A) which secures payment or performance of an | ||||||
4 | obligation for goods or services furnished in | ||||||
5 | connection with a debtor's
farming operation;
| ||||||
6 | (B) which is created by statute in favor of a | ||||||
7 | person that in the ordinary course of its business | ||||||
8 | furnished goods or
services to a debtor in connection | ||||||
9 | with a debtor's farming operation; and
| ||||||
10 | (C) whose effectiveness does not depend on the | ||||||
11 | person's possession
of the personal property.
| ||||||
12 | (6) "As-extracted collateral" means:
| ||||||
13 | (A) oil, gas, or other minerals that are subject to | ||||||
14 | a security interest
that:
| ||||||
15 | (i) is created by a debtor having an interest | ||||||
16 | in the minerals
before extraction; and
| ||||||
17 | (ii) attaches to the minerals as extracted; or
| ||||||
18 | (B) accounts arising out of the sale at the | ||||||
19 | wellhead or minehead of
oil, gas, or other minerals in | ||||||
20 | which the debtor had an interest before
extraction.
| ||||||
21 | (7) "Authenticate" means:
| ||||||
22 | (A) to sign; or
| ||||||
23 | (B) to execute or otherwise adopt a symbol, or | ||||||
24 | encrypt or similarly
process a record in whole or in | ||||||
25 | part, with the present intent of the
authenticating
| ||||||
26 | person to identify the person and adopt or accept a |
| |||||||
| |||||||
1 | record.
| ||||||
2 | (8) "Bank" means an organization that is engaged in the | ||||||
3 | business of
banking. The term includes savings banks, | ||||||
4 | savings and loan associations, credit
unions, and trust | ||||||
5 | companies.
| ||||||
6 | (9) "Cash proceeds" means proceeds that are money, | ||||||
7 | checks, deposit
accounts, or the like.
| ||||||
8 | (10) "Certificate of title" means a certificate of | ||||||
9 | title with respect to
which a statute provides for the | ||||||
10 | security interest in question to be indicated on the
| ||||||
11 | certificate as a condition or result of the security | ||||||
12 | interest's obtaining
priority over
the rights of a lien | ||||||
13 | creditor with respect to the collateral.
| ||||||
14 | (11) "Chattel paper" means a record or records that | ||||||
15 | evidence both a
monetary obligation and a security interest | ||||||
16 | in specific goods, a security
interest in
specific goods | ||||||
17 | and software used in the goods, a security interest in | ||||||
18 | specific
goods and license of software used in the goods, a | ||||||
19 | lease of specific goods,
or a lease of specified goods and | ||||||
20 | a license of
software
used in the goods. In this paragraph, | ||||||
21 | "monetary obligation" means a monetary
obligation secured | ||||||
22 | by the goods or owed under a lease of the goods and | ||||||
23 | includes
a monetary obligation with respect to software | ||||||
24 | used in the goods. The term
does not include (i) charters | ||||||
25 | or other contracts involving the use or hire of a
vessel or | ||||||
26 | (ii) records that evidence a right to payment arising out |
| |||||||
| |||||||
1 | of the use
of a credit or charge card or information | ||||||
2 | contained on or for use with the
card. If a transaction is | ||||||
3 | evidenced by records that include an instrument or
series | ||||||
4 | of
instruments, the group of records taken together
| ||||||
5 | constitutes chattel paper.
| ||||||
6 | (12) "Collateral" means the property subject to a | ||||||
7 | security interest or
agricultural lien. The term includes:
| ||||||
8 | (A) proceeds to which a security interest | ||||||
9 | attaches;
| ||||||
10 | (B) accounts, chattel paper, payment intangibles, | ||||||
11 | and promissory
notes that have been sold; and
| ||||||
12 | (C) goods that are the subject of a consignment.
| ||||||
13 | (13) "Commercial tort claim" means a claim arising in | ||||||
14 | tort with respect
to which:
| ||||||
15 | (A) the claimant is an organization; or
| ||||||
16 | (B) the claimant is an individual and the claim:
| ||||||
17 | (i) arose in the course of the claimant's | ||||||
18 | business or profession;
and
| ||||||
19 | (ii) does not include damages arising out of | ||||||
20 | personal injury to or
the death of an individual.
| ||||||
21 | (14) "Commodity account" means an account maintained | ||||||
22 | by a
commodity intermediary in which a commodity contract | ||||||
23 | is carried for a commodity
customer.
| ||||||
24 | (15) "Commodity contract" means a commodity futures | ||||||
25 | contract, an
option on a commodity futures contract, a | ||||||
26 | commodity option, or another contract if
the contract or |
| |||||||
| |||||||
1 | option is:
| ||||||
2 | (A) traded on or subject to the rules of a board of | ||||||
3 | trade that has been
designated as a contract market for | ||||||
4 | such a contract pursuant to federal commodities
laws; | ||||||
5 | or
| ||||||
6 | (B) traded on a foreign commodity board of trade, | ||||||
7 | exchange, or
market, and is carried on the books of a | ||||||
8 | commodity intermediary for a commodity
customer.
| ||||||
9 | (16) "Commodity customer" means a person for which a | ||||||
10 | commodity
intermediary carries a commodity contract on its | ||||||
11 | books.
| ||||||
12 | (17) "Commodity intermediary" means a person that:
| ||||||
13 | (A) is registered as a futures commission merchant | ||||||
14 | under federal
commodities law; or
| ||||||
15 | (B) in the ordinary course of its business provides | ||||||
16 | clearance or
settlement services for a board of trade | ||||||
17 | that has been designated as a contract
market pursuant | ||||||
18 | to federal commodities law.
| ||||||
19 | (18) "Communicate" means:
| ||||||
20 | (A) to send a written or other tangible record;
| ||||||
21 | (B) to transmit a record by any means agreed upon | ||||||
22 | by the persons
sending and receiving the record; or
| ||||||
23 | (C) in the case of transmission of a record to or | ||||||
24 | by a filing office, to
transmit a record by any means | ||||||
25 | prescribed by filing-office rule.
| ||||||
26 | (19) "Consignee" means a merchant to which goods are |
| |||||||
| |||||||
1 | delivered in a
consignment.
| ||||||
2 | (20) "Consignment" means a transaction, regardless of | ||||||
3 | its form, in
which a person delivers goods to a merchant | ||||||
4 | for the purpose of sale and:
| ||||||
5 | (A) the merchant:
| ||||||
6 | (i) deals in goods of that kind under a name | ||||||
7 | other than the name
of the person making delivery;
| ||||||
8 | (ii) is not an auctioneer; and
| ||||||
9 | (iii) is not generally known by its creditors | ||||||
10 | to be substantially
engaged in selling the goods of | ||||||
11 | others;
| ||||||
12 | (B) with respect to each delivery, the aggregate | ||||||
13 | value of the goods is
$1,000 or more at the time of | ||||||
14 | delivery;
| ||||||
15 | (C) the goods are not consumer goods immediately | ||||||
16 | before delivery;
and
| ||||||
17 | (D) the transaction does not create a security | ||||||
18 | interest that secures an
obligation.
| ||||||
19 | (21) "Consignor" means a person that delivers goods to | ||||||
20 | a consignee in
a consignment.
| ||||||
21 | (22) "Consumer debtor" means a debtor in a consumer | ||||||
22 | transaction.
| ||||||
23 | (23) "Consumer goods" means goods that are used or | ||||||
24 | bought for use
primarily for personal, family, or household | ||||||
25 | purposes.
| ||||||
26 | (24) "Consumer-goods transaction" means a consumer |
| |||||||
| |||||||
1 | transaction in
which:
| ||||||
2 | (A) an individual incurs an obligation primarily | ||||||
3 | for personal, family,
or household purposes; and
| ||||||
4 | (B) a security interest in consumer goods secures | ||||||
5 | the obligation.
| ||||||
6 | (25) "Consumer obligor" means an obligor who is an | ||||||
7 | individual and
who incurred the obligation as part of a | ||||||
8 | transaction entered into primarily for
personal, family, | ||||||
9 | or household purposes.
| ||||||
10 | (26) "Consumer transaction" means a transaction in | ||||||
11 | which (i) an
individual incurs an obligation primarily for | ||||||
12 | personal, family, or household
purposes, (ii) a security | ||||||
13 | interest secures the obligation, and (iii) the collateral | ||||||
14 | is held
or acquired primarily for personal, family, or | ||||||
15 | household purposes. The term
includes consumer-goods | ||||||
16 | transactions.
| ||||||
17 | (27) "Continuation statement" means an amendment of a | ||||||
18 | financing
statement which:
| ||||||
19 | (A) identifies, by its file number, the initial | ||||||
20 | financing statement to
which it relates; and
| ||||||
21 | (B) indicates that it is a continuation statement | ||||||
22 | for, or that it is filed
to continue the effectiveness | ||||||
23 | of, the identified financing statement.
| ||||||
24 | (28) "Debtor" means:
| ||||||
25 | (A) a person having an interest, other than a | ||||||
26 | security interest or other
lien, in the collateral, |
| |||||||
| |||||||
1 | whether or not the person is an obligor;
| ||||||
2 | (B) a seller of accounts, chattel paper, payment | ||||||
3 | intangibles, or
promissory notes; or
| ||||||
4 | (C) a consignee.
| ||||||
5 | (29) "Deposit account" means a demand, time, savings, | ||||||
6 | passbook,
nonnegotiable certificates of deposit,
| ||||||
7 | uncertificated certificates of deposit, nontransferrable | ||||||
8 | certificates of
deposit, or
similar account maintained | ||||||
9 | with a bank. The term does not include investment
property | ||||||
10 | or accounts evidenced by an instrument.
| ||||||
11 | (30) "Document" means a document of title or a receipt | ||||||
12 | of the type
described in Section 7-201(b).
| ||||||
13 | (31) "Electronic chattel paper" means chattel paper | ||||||
14 | evidenced by a
record or records consisting of information | ||||||
15 | stored in an electronic medium.
| ||||||
16 | (32) "Encumbrance" means a right, other than an | ||||||
17 | ownership interest, in
real property. The term includes | ||||||
18 | mortgages and other liens on real property.
| ||||||
19 | (33) "Equipment" means goods other than inventory, | ||||||
20 | farm products, or
consumer goods.
| ||||||
21 | (34) "Farm products" means goods, other than standing | ||||||
22 | timber, with
respect to which the debtor is engaged in a | ||||||
23 | farming operation and which are:
| ||||||
24 | (A) crops grown, growing, or to be grown, | ||||||
25 | including:
| ||||||
26 | (i) crops produced on trees, vines, and |
| |||||||
| |||||||
1 | bushes; and
| ||||||
2 | (ii) aquatic goods produced in aquacultural | ||||||
3 | operations;
| ||||||
4 | (B) livestock, born or unborn, including aquatic | ||||||
5 | goods produced in
aquacultural operations;
| ||||||
6 | (C) supplies used or produced in a farming | ||||||
7 | operation; or
| ||||||
8 | (D) products of crops or livestock in their | ||||||
9 | unmanufactured states.
| ||||||
10 | (35) "Farming operation" means raising, cultivating, | ||||||
11 | propagating,
fattening, grazing, or any other farming, | ||||||
12 | livestock, or aquacultural operation.
| ||||||
13 | (36) "File number" means the number assigned to an | ||||||
14 | initial financing
statement pursuant to Section 9-519(a).
| ||||||
15 | (37) "Filing office" means an office designated in | ||||||
16 | Section 9-501 as the
place to file a financing statement.
| ||||||
17 | (38) "Filing-office rule" means a rule adopted | ||||||
18 | pursuant to Section
9-526.
| ||||||
19 | (39) "Financing statement" means a record or records | ||||||
20 | composed of an
initial financing statement and any filed | ||||||
21 | record relating to the initial financing
statement.
| ||||||
22 | (40) "Fixture filing" means the filing of a financing | ||||||
23 | statement covering
goods that are or are to become fixtures | ||||||
24 | and satisfying Section 9-502(a) and (b).
The term includes | ||||||
25 | the filing of a financing statement covering goods of a
| ||||||
26 | transmitting utility which are or are to become fixtures.
|
| |||||||
| |||||||
1 | (41) "Fixtures" means goods that have become so related | ||||||
2 | to particular
real property that an interest in them arises | ||||||
3 | under real property law.
| ||||||
4 | (42) "General intangible" means any personal property, | ||||||
5 | including
things in action, other than accounts, chattel | ||||||
6 | paper, commercial tort claims, deposit
accounts, | ||||||
7 | documents, goods, instruments, investment property, | ||||||
8 | letter-of-credit
rights, letters of credit, money, and | ||||||
9 | oil, gas, or other minerals before extraction.
The term | ||||||
10 | includes payment intangibles and software.
| ||||||
11 | (43) "Good faith" means honesty in fact and the | ||||||
12 | observance of
reasonable commercial standards of fair | ||||||
13 | dealing.
| ||||||
14 | (44) "Goods" means all things that are movable when a | ||||||
15 | security interest
attaches. The term includes (i) | ||||||
16 | fixtures, (ii) standing timber that is to be cut and
| ||||||
17 | removed under a conveyance or contract for sale, (iii) the | ||||||
18 | unborn young of animals,
(iv) crops grown, growing, or to | ||||||
19 | be grown, even if the crops are produced on trees,
vines, | ||||||
20 | or bushes, and (v) manufactured homes. The term also | ||||||
21 | includes a computer
program embedded in goods and any | ||||||
22 | supporting information provided in
connection with a | ||||||
23 | transaction relating to the program if (i) the program is
| ||||||
24 | associated with the goods in such a manner that it | ||||||
25 | customarily is considered part of
the goods, or (ii) by | ||||||
26 | becoming the owner of the goods, a person acquires a right |
| |||||||
| |||||||
1 | to
use the program in connection with the goods. The term | ||||||
2 | does not include a
computer program embedded in goods that | ||||||
3 | consist solely of the medium in which
the program is | ||||||
4 | embedded. The term also does not include accounts, chattel | ||||||
5 | paper,
commercial tort claims, deposit accounts, | ||||||
6 | documents, general intangibles,
instruments, investment | ||||||
7 | property, letter-of-credit rights, letters of credit, | ||||||
8 | money, or
oil, gas, or other minerals before extraction.
| ||||||
9 | (45) "Governmental unit" means a subdivision, agency, | ||||||
10 | department,
county, parish, municipality, or other unit of | ||||||
11 | the government of the United States, a
State, or a foreign | ||||||
12 | country. The term includes an organization having a | ||||||
13 | separate
corporate existence if the organization is | ||||||
14 | eligible to issue debt on which interest is
exempt from | ||||||
15 | income taxation under the laws of the United States.
| ||||||
16 | (46) "Health-care-insurance receivable" means an | ||||||
17 | interest in or claim
under a policy of insurance which is a | ||||||
18 | right to payment of a monetary
obligation for
health-care | ||||||
19 | goods or services provided.
| ||||||
20 | (47) "Instrument" means a negotiable instrument or any | ||||||
21 | other writing
that evidences a right to the payment of a | ||||||
22 | monetary obligation, is not itself a
security agreement or | ||||||
23 | lease, and is of a type that in ordinary course of
business | ||||||
24 | is
transferred by delivery with any necessary indorsement | ||||||
25 | or assignment. The term
does not include (i) investment | ||||||
26 | property, (ii) letters of credit,
(iii) nonnegotiable
|
| |||||||
| |||||||
1 | certificates of deposit, (iv) uncertificated certificates | ||||||
2 | of deposit, (v)
nontransferrable certificates of deposit, | ||||||
3 | or (vi)
writings that
evidence a right to payment arising | ||||||
4 | out of the use of a credit or charge card
or
information | ||||||
5 | contained on or for use with the card.
| ||||||
6 | (48) "Inventory" means goods, other than farm | ||||||
7 | products, which:
| ||||||
8 | (A) are leased by a person as lessor;
| ||||||
9 | (B) are held by a person for sale or lease or to be | ||||||
10 | furnished under a
contract of service;
| ||||||
11 | (C) are furnished by a person under a contract of | ||||||
12 | service; or
| ||||||
13 | (D) consist of raw materials, work in process, or | ||||||
14 | materials used or
consumed in a business.
| ||||||
15 | (49) "Investment property" means a security, whether | ||||||
16 | certificated or
uncertificated, security entitlement, | ||||||
17 | securities account, commodity contract, or
commodity | ||||||
18 | account.
| ||||||
19 | (50) "Jurisdiction of organization", with respect to a | ||||||
20 | registered
organization, means the jurisdiction under | ||||||
21 | whose law the organization is organized.
| ||||||
22 | (51) "Letter-of-credit right" means a right to payment | ||||||
23 | or performance
under a letter of credit, whether or not the | ||||||
24 | beneficiary has demanded or is at the
time entitled to | ||||||
25 | demand payment or performance. The term does not include | ||||||
26 | the
right of a beneficiary to demand payment or performance |
| |||||||
| |||||||
1 | under a letter of credit.
| ||||||
2 | (52) "Lien creditor" means:
| ||||||
3 | (A) a creditor that has acquired a lien on the | ||||||
4 | property involved by
attachment, levy, or the like;
| ||||||
5 | (B) an assignee for benefit of creditors from the | ||||||
6 | time of assignment;
| ||||||
7 | (C) a trustee in bankruptcy from the date of the | ||||||
8 | filing of the petition;
or
| ||||||
9 | (D) a receiver in equity from the time of | ||||||
10 | appointment.
| ||||||
11 | (53) "Manufactured home" means a factory-assembled, | ||||||
12 | completely integrated structure designed for permanent | ||||||
13 | habitation, with a permanent chassis, and so constructed as | ||||||
14 | to permit its transport, on wheels temporarily or | ||||||
15 | permanently attached to its frame, and is a movable or | ||||||
16 | portable unit that is (i) 8 body feet or more in width, | ||||||
17 | (ii) 40 body feet or more in length, and (iii) 320 or more | ||||||
18 | square feet, constructed to be towed on its own chassis | ||||||
19 | (comprised of frame and wheels) from the place of its | ||||||
20 | construction to the location, or subsequent locations, at | ||||||
21 | which it is installed and set up according to the | ||||||
22 | manufacturer's instructions and connected to utilities for | ||||||
23 | year-round occupancy for use as a permanent habitation, and | ||||||
24 | designed and situated so as to permit its occupancy as a | ||||||
25 | dwelling place for one or more persons. The term shall | ||||||
26 | include units containing parts that may be folded, |
| |||||||
| |||||||
1 | collapsed, or telescoped when being towed and that may be | ||||||
2 | expected to provide additional cubic capacity, and that are | ||||||
3 | designed to be joined into one integral unit capable of | ||||||
4 | being separated again into the components for repeated | ||||||
5 | towing. The term shall include units designed to be used | ||||||
6 | for residential, commercial, educational, or industrial | ||||||
7 | purposes, excluding, however, campers and recreational | ||||||
8 | vehicles. "Manufactured home" means a structure, | ||||||
9 | transportable in one or
more sections, which, in the | ||||||
10 | traveling mode, is eight body feet or more in width or
40 | ||||||
11 | body feet or more in length, or, when erected on site, is | ||||||
12 | 320 or more square feet,
and which is built on a permanent | ||||||
13 | chassis and designed to be used as a dwelling
with or | ||||||
14 | without a permanent foundation when connected to the | ||||||
15 | required utilities,
and includes the plumbing, heating, | ||||||
16 | air-conditioning, and electrical systems
contained | ||||||
17 | therein. The term includes any structure that meets all of | ||||||
18 | the
requirements of this paragraph except the size | ||||||
19 | requirements and with respect to
which the manufacturer | ||||||
20 | voluntarily files a certification required by the United
| ||||||
21 | States Secretary of Housing and Urban Development and | ||||||
22 | complies with the
standards established under Title 42 of | ||||||
23 | the United States Code.
| ||||||
24 | (54) "Manufactured-home transaction" means a secured | ||||||
25 | transaction:
| ||||||
26 | (A) that creates a purchase-money security |
| |||||||
| |||||||
1 | interest in a
manufactured home, other than a | ||||||
2 | manufactured home held as inventory; or
| ||||||
3 | (B) in which a manufactured home, other than a | ||||||
4 | manufactured home
held as inventory, is the primary | ||||||
5 | collateral.
| ||||||
6 | (55) "Mortgage" means a consensual interest in real | ||||||
7 | property, including
fixtures, which secures payment or | ||||||
8 | performance of an obligation.
| ||||||
9 | (56) "New debtor" means a person that becomes bound as | ||||||
10 | debtor under
Section 9-203(d) by a security agreement | ||||||
11 | previously entered into by another
person.
| ||||||
12 | (57) "New value" means (i) money, (ii) money's worth in | ||||||
13 | property,
services, or new credit, or (iii) release by a | ||||||
14 | transferee of an interest in property
previously | ||||||
15 | transferred to the transferee. The term does not include an | ||||||
16 | obligation
substituted for another obligation.
| ||||||
17 | (58) "Noncash proceeds" means proceeds other than cash | ||||||
18 | proceeds.
| ||||||
19 | (59) "Obligor" means a person that, with respect to an | ||||||
20 | obligation
secured by a security interest in or an | ||||||
21 | agricultural lien on the collateral,
(i) owes
payment or | ||||||
22 | other performance of the obligation, (ii) has provided | ||||||
23 | property
other
than the collateral to secure payment or | ||||||
24 | other performance of the obligation,
or (iii)
is otherwise | ||||||
25 | accountable in whole or in part for payment or other | ||||||
26 | performance
of
the obligation. The term does not include |
| |||||||
| |||||||
1 | issuers or nominated persons under a
letter of credit.
| ||||||
2 | (60) "Original debtor",
except as used in Section
| ||||||
3 | 9-310(c), means
a person that, as debtor, entered into a
| ||||||
4 | security agreement to which a new debtor has become bound | ||||||
5 | under Section
9-203(d).
| ||||||
6 | (61) "Payment intangible" means a general intangible | ||||||
7 | under which the
account debtor's principal obligation is a | ||||||
8 | monetary obligation.
| ||||||
9 | (62) "Person related to", with respect to an | ||||||
10 | individual, means:
| ||||||
11 | (A) the spouse of the individual;
| ||||||
12 | (B) a brother, brother-in-law, sister, or | ||||||
13 | sister-in-law of the
individual;
| ||||||
14 | (C) an ancestor or lineal descendant of the | ||||||
15 | individual or the
individual's spouse; or
| ||||||
16 | (D) any other relative, by blood or marriage, of | ||||||
17 | the individual or the
individual's spouse who shares | ||||||
18 | the same home with the individual.
| ||||||
19 | (63) "Person related to", with respect to an | ||||||
20 | organization, means:
| ||||||
21 | (A) a person directly or indirectly controlling, | ||||||
22 | controlled by, or
under common control with the | ||||||
23 | organization;
| ||||||
24 | (B) an officer or director of, or a person | ||||||
25 | performing similar
functions with respect to, the | ||||||
26 | organization;
|
| |||||||
| |||||||
1 | (C) an officer or director of, or a person | ||||||
2 | performing similar
functions with respect to, a person | ||||||
3 | described in subparagraph (A);
| ||||||
4 | (D) the spouse of an individual described in | ||||||
5 | subparagraph (A), (B),
or (C); or
| ||||||
6 | (E) an individual who is related by blood or | ||||||
7 | marriage to an
individual described in subparagraph | ||||||
8 | (A), (B), (C), or (D) and shares the same
home with the | ||||||
9 | individual.
| ||||||
10 | (64) "Proceeds", except as used in Section
9-609(b), | ||||||
11 | means
the following property:
| ||||||
12 | (A) whatever is acquired upon the sale, lease, | ||||||
13 | license, exchange, or
other disposition of collateral;
| ||||||
14 | (B) whatever is collected on, or distributed on | ||||||
15 | account of, collateral;
| ||||||
16 | (C) rights arising out of collateral;
| ||||||
17 | (D) to the extent of the value of collateral, | ||||||
18 | claims arising out of the
loss, nonconformity, or | ||||||
19 | interference with the use of, defects or infringement
| ||||||
20 | of
rights in, or damage to, the collateral; or
| ||||||
21 | (E) to the extent of the value of collateral and to | ||||||
22 | the extent payable
to the debtor or the secured party, | ||||||
23 | insurance payable by reason of the loss or
| ||||||
24 | nonconformity of, defects or infringement of rights | ||||||
25 | in, or damage to, the
collateral.
| ||||||
26 | (65) "Promissory note" means an instrument that |
| |||||||
| |||||||
1 | evidences a promise
to pay a monetary obligation, does not | ||||||
2 | evidence an order to pay, and does not
contain an | ||||||
3 | acknowledgment by a bank that the bank has received for | ||||||
4 | deposit a
sum
of money or funds.
| ||||||
5 | (66) "Proposal" means a record authenticated by a | ||||||
6 | secured party which
includes the terms on which the secured | ||||||
7 | party is willing to accept collateral
in full
or partial | ||||||
8 | satisfaction of the obligation it secures pursuant to | ||||||
9 | Sections
9-620, 9-621,
and 9-622.
| ||||||
10 | (67) "Public-finance transaction" means a secured | ||||||
11 | transaction in
connection with which:
| ||||||
12 | (A) debt securities are issued;
| ||||||
13 | (B) all or a portion of the securities issued have | ||||||
14 | an initial stated
maturity of at least 20 years; and
| ||||||
15 | (C) the debtor, obligor, secured party, account | ||||||
16 | debtor or other person
obligated on collateral, | ||||||
17 | assignor or assignee of a secured obligation, or
| ||||||
18 | assignor or
assignee of a security interest is a State | ||||||
19 | or a governmental unit of a State.
| ||||||
20 | (68) "Pursuant to commitment", with respect to an | ||||||
21 | advance made or
other value given by a secured party, means | ||||||
22 | pursuant to the secured party's
obligation, whether or not | ||||||
23 | a subsequent event of default or other event not
within
the | ||||||
24 | secured party's control has relieved or may relieve the | ||||||
25 | secured party from
its
obligation.
| ||||||
26 | (69) "Record", except as used in "for record", "of |
| |||||||
| |||||||
1 | record", "record or
legal title", and "record owner", means | ||||||
2 | information that is inscribed on a
tangible
medium or which | ||||||
3 | is stored in an electronic or other medium and is | ||||||
4 | retrievable
in
perceivable form.
| ||||||
5 | (70) "Registered organization" means an organization | ||||||
6 | organized solely
under the law of a single State or the | ||||||
7 | United States and as to which the State
or the
United | ||||||
8 | States must maintain a public record showing the | ||||||
9 | organization to have
been
organized.
| ||||||
10 | (71) "Secondary obligor" means an obligor to the extent | ||||||
11 | that:
| ||||||
12 | (A) the obligor's obligation is secondary; or
| ||||||
13 | (B) the obligor has a right of recourse with | ||||||
14 | respect to an obligation
secured by collateral against | ||||||
15 | the debtor, another obligor, or property of
either.
| ||||||
16 | (72) "Secured party" means:
| ||||||
17 | (A) a person in whose favor a security interest is | ||||||
18 | created or provided
for under a security agreement, | ||||||
19 | whether or not any obligation to be secured is
| ||||||
20 | outstanding;
| ||||||
21 | (B) a person that holds an agricultural lien;
| ||||||
22 | (C) a consignor;
| ||||||
23 | (D) a person to which accounts, chattel paper, | ||||||
24 | payment intangibles,
or promissory notes have been | ||||||
25 | sold;
| ||||||
26 | (E) a trustee, indenture trustee, agent, |
| |||||||
| |||||||
1 | collateral agent, or other
representative in whose | ||||||
2 | favor a security interest or agricultural lien is
| ||||||
3 | created or
provided for; or
| ||||||
4 | (F) a person that holds a security interest arising | ||||||
5 | under Section
2-401, 2-505, 2-711(3), 2A-508(5), | ||||||
6 | 4-210, or 5-118.
| ||||||
7 | (73) "Security agreement" means an agreement that | ||||||
8 | creates or provides
for a security interest.
| ||||||
9 | (74) "Send", in connection with a record or | ||||||
10 | notification, means:
| ||||||
11 | (A) to deposit in the mail, deliver for | ||||||
12 | transmission, or transmit by
any other usual means of | ||||||
13 | communication, with postage or cost of transmission
| ||||||
14 | provided for, addressed to any address reasonable | ||||||
15 | under the circumstances; or
| ||||||
16 | (B) to cause the record or notification to be | ||||||
17 | received within the time
that it would have been | ||||||
18 | received if properly sent under subparagraph (A).
| ||||||
19 | (75) "Software" means a computer program and any | ||||||
20 | supporting
information provided in connection with a | ||||||
21 | transaction relating to the program.
The
term does not | ||||||
22 | include a computer program that is included in the | ||||||
23 | definition of
goods.
| ||||||
24 | (76) "State" means a State of the United States, the | ||||||
25 | District of
Columbia, Puerto Rico, the United States Virgin | ||||||
26 | Islands, or any territory or
insular
possession subject to |
| |||||||
| |||||||
1 | the jurisdiction of the United States.
| ||||||
2 | (77) "Supporting obligation" means a letter-of-credit | ||||||
3 | right or secondary
obligation that supports the payment or | ||||||
4 | performance of an account, chattel
paper, a
document, a | ||||||
5 | general intangible, an instrument, or investment property.
| ||||||
6 | (78) "Tangible chattel paper" means chattel paper | ||||||
7 | evidenced by a
record or records consisting of information | ||||||
8 | that is inscribed on a tangible
medium.
| ||||||
9 | (79) "Termination statement" means an amendment of a | ||||||
10 | financing
statement which:
| ||||||
11 | (A) identifies, by its file number, the initial | ||||||
12 | financing statement to
which it relates; and
| ||||||
13 | (B) indicates either that it is a termination | ||||||
14 | statement or that the
identified financing statement | ||||||
15 | is no longer effective.
| ||||||
16 | (80) "Transmitting utility" means a person primarily | ||||||
17 | engaged in the
business of:
| ||||||
18 | (A) operating a railroad, subway, street railway, | ||||||
19 | or trolley bus;
| ||||||
20 | (B) transmitting communications electrically, | ||||||
21 | electromagnetically,
or by light;
| ||||||
22 | (C) transmitting goods by pipeline or sewer; or
| ||||||
23 | (D) transmitting or producing and transmitting | ||||||
24 | electricity, steam,
gas, or water.
| ||||||
25 | (b) Definitions in other Articles. "Control" as provided in | ||||||
26 | Section 7-106 and the
following definitions in other
Articles |
| |||||||
| |||||||
1 | apply to this Article:
| ||||||
2 | "Applicant". Section 5-102.
| ||||||
3 | "Beneficiary". Section 5-102.
| ||||||
4 | "Broker". Section 8-102.
| ||||||
5 | "Certificated security". Section 8-102.
| ||||||
6 | "Check". Section 3-104.
| ||||||
7 | "Clearing corporation". Section 8-102.
| ||||||
8 | "Contract for sale". Section 2-106.
| ||||||
9 | "Customer". Section 4-104.
| ||||||
10 | "Entitlement holder". Section 8-102.
| ||||||
11 | "Financial asset". Section 8-102.
| ||||||
12 | "Holder in due course". Section 3-302.
| ||||||
13 | "Issuer" (with respect to a letter of
credit or | ||||||
14 | letter-of-credit right). Section 5-102.
| ||||||
15 | "Issuer" (with respect to a security). Section 8-201.
| ||||||
16 | "Issuer" (with respect to documents of title). Section | ||||||
17 | 7-102.
| ||||||
18 | "Lease". Section 2A-103.
| ||||||
19 | "Lease agreement". Section 2A-103.
| ||||||
20 | "Lease contract". Section 2A-103.
| ||||||
21 | "Leasehold interest". Section 2A-103.
| ||||||
22 | "Lessee". Section 2A-103.
| ||||||
23 | "Lessee in ordinary course of business". Section 2A-103.
| ||||||
24 | "Lessor". Section 2A-103.
| ||||||
25 | "Lessor's residual interest". Section 2A-103.
| ||||||
26 | "Letter of credit". Section 5-102.
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | "Merchant". Section 2-104.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | "Negotiable instrument". Section 3-104.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | "Nominated person". Section 5-102.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | "Note". Section 3-104.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | "Proceeds of a letter of credit". Section 5-114.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | "Prove". Section 3-103.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | "Sale". Section 2-106.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | "Securities account". Section 8-501.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | "Securities intermediary". Section 8-102.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | "Security". Section 8-102.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | "Security certificate". Section 8-102.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | "Security entitlement". Section 8-102.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | "Uncertificated security". Section 8-102.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (c) Article 1 definitions and principles. Article 1 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | contains general
definitions and principles of construction | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | and interpretation applicable
throughout
this Article.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | (Source: P.A. 95-895, eff. 1-1-09.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Section 999. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||