Full Text of SB1602 101st General Assembly
SB1602sam001 101ST GENERAL ASSEMBLY | Sen. Elgie R. Sims, Jr. Filed: 3/15/2019
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| 1 | | AMENDMENT TO SENATE BILL 1602
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1602 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 5-101.2 as follows: | 6 | | (625 ILCS 5/5-101.2) | 7 | | Sec. 5-101.2. Manufactured home dealers; licensing. | 8 | | (a) For the purposes of this Section, the following words | 9 | | shall have the meanings ascribed to them as follows: | 10 | | "Community-based manufactured home dealer" means an | 11 | | individual or entity that operates a tract of land or 2 or | 12 | | more contiguous tracts of land which contain sites with the | 13 | | necessary utilities for 5 or more independent manufactured | 14 | | homes for permanent habitation, either free of charge or | 15 | | for revenue purposes, and shall include any building, | 16 | | structure, vehicle, or enclosure used or intended for use |
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| 1 | | as a part of the equipment of the manufactured home park | 2 | | who may, incidental to the operation of the manufactured | 3 | | home community, sell, trade, or buy no more than 2 a | 4 | | manufactured homes home or park models per calendar year | 5 | | model that are is located within the manufactured home | 6 | | community pursuant to a franchise agreement or similar | 7 | | agreement with a manufacturer, or used manufactured homes | 8 | | or park models located within the manufactured home | 9 | | community or additional place of business or is located in | 10 | | a different manufactured home community that is owned or | 11 | | managed by the community-based manufactured home dealer. | 12 | | "Established place of business" means the place owned
| 13 | | or leased and occupied by any person duly licensed or
| 14 | | required to be licensed as a manufactured home dealer or a
| 15 | | community-based manufactured home dealer for the purpose
| 16 | | of engaging in selling, buying, bartering, displaying,
| 17 | | exchanging, or dealing in, on consignment or otherwise,
| 18 | | manufactured homes or park models and for such other | 19 | | ancillary purposes as may be permitted by the Secretary by | 20 | | rule. An established place of business shall include a | 21 | | single or central office in which the manufactured home | 22 | | dealer's or community-based manufactured home dealer's | 23 | | records shall be separate and distinct from any other | 24 | | business or tenant which may occupy space in the same | 25 | | building, except as provided in this Section, and the | 26 | | office shall not be located in a tent, temporary stand, |
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| 1 | | temporary address, room or rooms in a hotel or
rooming | 2 | | house, nor the premises occupied by a single or
multiple | 3 | | unit residence, unless the multiple unit
residence has a | 4 | | separate and distinct office. | 5 | | "Manufactured home" means a factory assembled
| 6 | | structure built on a permanent chassis, transportable in
| 7 | | one or more sections in the travel mode, incapable of
| 8 | | self-propulsion, and bears a label indicating the
| 9 | | manufacturer's compliance with the United States
| 10 | | Department of Housing and Urban Development standards, as | 11 | | applicable, that is without a permanent foundation and is | 12 | | designed for year round occupancy as a single-family | 13 | | residence when connected to approved water, sewer, and | 14 | | electrical
utilities. | 15 | | "Manufactured home dealer" means an individual or | 16 | | entity that engages in the business of acquiring or | 17 | | disposing of a manufactured home or park model, either a | 18 | | new manufactured home or park model, pursuant to a | 19 | | franchise agreement with a manufacturer, or used | 20 | | manufactured homes or park models, and who has an | 21 | | established place of business that is not in a residential | 22 | | community-based setting. | 23 | | "Park model" means a vehicle that is incapable of | 24 | | self-propulsion that is less than 400 square feet of | 25 | | habitable space that is built to American National | 26 | | Standards Institute (ANSI) standards that prohibits |
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| 1 | | occupancy on a permanent basis and is built on a vehicle | 2 | | chassis. | 3 | | "Supplemental license" means a license that a | 4 | | community-based manufactured home dealer receives and | 5 | | displays at locations in which the licensee is authorized | 6 | | to sell, buy, barter, display, exchange, or deal in, on | 7 | | consignment or otherwise, manufactured homes or park | 8 | | models, but is not the established place of business of the | 9 | | licensee. | 10 | | (b) No person shall engage in this State in the business of
| 11 | | selling or dealing in, on consignment or otherwise,
| 12 | | manufactured homes or park models of any make, or act as an | 13 | | intermediary, agent, or broker for any manufactured home or | 14 | | park model purchaser, other than as a salesperson or to | 15 | | represent or advertise that he or she is so engaged, or intends | 16 | | to so engage, in the business, unless licensed to do so by the | 17 | | Secretary of State under the provisions of this Section. | 18 | | (c) An application for a manufactured home dealer's
license | 19 | | or a community-based manufactured home dealer's
license shall | 20 | | be filed with the Secretary of State and duly
verified by oath, | 21 | | on such form as the Secretary of State may by
rule prescribe | 22 | | and shall contain all of the following: | 23 | | (1) The name and type of business organization of the
| 24 | | applicant, and his or her established and additional places
| 25 | | of business, if any, in this State. | 26 | | (2) If the applicant is a corporation, a list of its
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| 1 | | officers, directors, and shareholders having a 10% or
| 2 | | greater ownership interest in the corporation. If the
| 3 | | applicant is a sole proprietorship, a partnership, a
| 4 | | limited liability company, an unincorporated association,
| 5 | | a trust, or any similar form of business organization, the
| 6 | | name and residence address of the proprietor, or the name
| 7 | | and residence address of each partner, member, officer,
| 8 | | director, trustee, or manager. | 9 | | (3) The make or makes of new manufactured homes or park | 10 | | models that the applicant will offer for sale at retail in | 11 | | the State. | 12 | | (4) The name of each manufacturer or franchised
| 13 | | distributor, if any, of new manufactured homes or park | 14 | | models with whom the applicant has contracted for the sale | 15 | | of new manufactured homes or park models. As evidence of | 16 | | this fact, the application shall be accompanied by a signed | 17 | | statement from each manufacturer or franchised | 18 | | distributor. | 19 | | (5) A statement that the applicant has been approved
| 20 | | for registration under the Retailers' Occupation Tax Act by
| 21 | | the Department of Revenue, provided that this requirement
| 22 | | does not apply to a manufactured home dealer who is already
| 23 | | licensed with the Secretary of State, and who is merely
| 24 | | applying for a renewal of his or her license. As evidence
| 25 | | of this fact, the application shall be accompanied by a
| 26 | | certification from the Department of Revenue showing that
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| 1 | | the Department has approved the applicant for registration
| 2 | | under the Retailers' Occupation Tax Act. | 3 | | (6) An application for: | 4 | | (A) a manufactured home dealer's license, when the | 5 | | applicant is selling new manufactured homes or park | 6 | | models on behalf of a manufacturer of manufactured | 7 | | homes or park models, or 5 or more used manufactured | 8 | | homes or park models during the calendar year, shall be | 9 | | accompanied by a $1,000 license fee for the applicant's | 10 | | established place of business, and $100 for each | 11 | | additional place of business, if any, to which the | 12 | | application pertains. If the application is made after | 13 | | June 15 in any year, the license fee shall be $500 for | 14 | | the applicant's
established place of business, and $50 | 15 | | for each
additional place of business, if any, to which | 16 | | the
application pertains. License fees shall be | 17 | | returnable
only in the event that the application is | 18 | | denied by the Secretary of State; or | 19 | | (B) a community-based manufactured home dealer's
| 20 | | license, when the applicant is selling new | 21 | | manufactured homes or park models on behalf of a | 22 | | manufacturer of manufactured homes or park models, or 5 | 23 | | or more used manufactured homes or park models during | 24 | | the calendar year 5 or more manufactured
homes during | 25 | | the calendar year not on behalf of a manufacturer of | 26 | | manufactured
homes , but within a community setting, |
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| 1 | | shall be
accompanied by a license fee of $500 for the
| 2 | | applicant's established place of business, and $50 for
| 3 | | each additional place of business within a 50-mile | 4 | | radius of the established place of business , if any to | 5 | | which the
application pertains. If the application is | 6 | | made after
June 15 in any year, the license fee shall | 7 | | be $250 for
the applicant's established place of | 8 | | business, and $50
for each additional place of | 9 | | business, if any, to which the application pertains. | 10 | | License fees shall be
returnable only in the event that | 11 | | the application is
denied by the Secretary of State. | 12 | | Of the monies received by the Secretary of State as | 13 | | license fees under this paragraph (6), 95% shall be | 14 | | deposited into the General Revenue Fund and 5% into the | 15 | | Motor Vehicle License Plate Fund. | 16 | | (7) A statement that the applicant's officers,
| 17 | | directors, and shareholders having a 10% or greater
| 18 | | ownership interest therein, proprietor, a partner, member,
| 19 | | officer, director, trustee, manager, or other principals
| 20 | | in the business, have not committed in the past 3 years any
| 21 | | one violation, as determined in any civil, criminal, or
| 22 | | administrative hearing proceeding, of any one of the
| 23 | | following Acts: | 24 | | (A) the Anti Theft Laws of the Illinois Vehicle
| 25 | | Code; | 26 | | (B) the Certificate of Title Laws of the Illinois
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| 1 | | Vehicle Code; | 2 | | (C) the Offenses against Registration and
| 3 | | Certificates of Title Laws of the Illinois Vehicle | 4 | | Code; | 5 | | (D) the Dealers, Transporters, Wreckers, and
| 6 | | Rebuilders Laws of the Illinois Vehicle Code; | 7 | | (E) Section 21-2 of the Criminal Code of 2012
| 8 | | (criminal trespass to vehicles); | 9 | | (F) the Retailers Occupation Tax Act; | 10 | | (G) the Consumer Finance Act; | 11 | | (H) the Consumer Installment Loan Act; | 12 | | (I) the Retail Installment Sales Act; | 13 | | (J) the Motor Vehicle Retail Installment Sales | 14 | | Act; | 15 | | (K) the Interest Act; | 16 | | (L) the Illinois Wage Assignment Act; | 17 | | (M) Part 8 of Article XII of the Code of Civil
| 18 | | Procedure; or | 19 | | (N) the Consumer Fraud Act. | 20 | | (8) A bond or certificate of deposit in the amount of
| 21 | | $20,000 for each license holder applicant intending to act
| 22 | | as a manufactured home dealer or community-based
| 23 | | manufactured home dealer under this Section. The bond shall
| 24 | | be for the term of the license, for which application is
| 25 | | made, and shall expire not sooner than December 31 of the
| 26 | | year for which the license was issued. The bond shall run
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| 1 | | to the People of the State of Illinois, with surety by a
| 2 | | bonding or insurance company authorized to do business in
| 3 | | this State. It shall be conditioned upon the proper
| 4 | | transmittal of all title and registration fees and taxes
| 5 | | (excluding taxes under the Retailers' Occupation Tax Act)
| 6 | | accepted by the applicant as a manufactured home dealer. | 7 | | (9) Dealers in business for over 5 years may
substitute | 8 | | a certificate of insurance in lieu of the bond
or | 9 | | certificate of deposit upon renewing their license. | 10 | | (10) Any other information concerning the business of
| 11 | | the applicant as the Secretary of State may by rule
| 12 | | prescribe. | 13 | | (11) A statement that the applicant has read and
| 14 | | understands Chapters 1 through 5 of this Code. | 15 | | (d) Any change which renders no longer accurate any
| 16 | | information contained in any application for a license under | 17 | | this Section shall be amended within 30 days after the | 18 | | occurrence of the change on a form the Secretary of State may | 19 | | prescribe, by rule, accompanied by an amendatory fee of $25. | 20 | | (e) The Secretary of State shall, within a reasonable time
| 21 | | after receipt, examine an application submitted to him or her
| 22 | | under this Section, and unless he or she makes a determination
| 23 | | that the application submitted to him or her does not conform
| 24 | | with the requirements of this Section or that grounds exist for
| 25 | | a denial of the application under Section 5-501 of this
| 26 | | Chapter, grant the applicant an initial manufactured home
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| 1 | | dealer's license or a community-based manufactured home
| 2 | | dealer's license in writing for his or her established place
of | 3 | | business and a supplemental license in writing for each
| 4 | | additional place of business in a form the Secretary may
| 5 | | prescribe by rule, which shall include the following: | 6 | | (1) the name of the person or entity licensed; | 7 | | (2) if a corporation, the name and address of its
| 8 | | officers; if a sole proprietorship, a partnership, an
| 9 | | unincorporated association, or any similar form of
| 10 | | business organization, the name and address of the
| 11 | | proprietor, or the name and address of each partner,
| 12 | | member, officer, director, trustee or manager; or if a
| 13 | | limited liability company, the name and address of the
| 14 | | general partner or partners, or managing member or members; | 15 | | (3) in the case of an original license, the established | 16 | | place of business of the licensee; | 17 | | (4) in the case of a supplemental license, the
| 18 | | established place of business of the licensee and the | 19 | | distance to each
additional place of business to which the | 20 | | supplemental
license pertains; and | 21 | | (5) if applicable, the make or makes of new
| 22 | | manufactured homes or park models to which a manufactured | 23 | | home dealer is licensed to sell. | 24 | | (e-5) A manufactured home dealer may operate a supplemental | 25 | | lot if the lot is located within 50 miles of the manufactured | 26 | | home dealer's principal place of business. Records pertaining |
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| 1 | | to a supplemental lot may be maintained at the principal place | 2 | | of business. | 3 | | (f) The appropriate instrument evidencing the license or a
| 4 | | certified copy of the instrument, provided by the Secretary of
| 5 | | State, shall be kept posted conspicuously in the established
| 6 | | place of business of the licensee and in each additional place
| 7 | | of business, if any, maintained by the licensee, unless the
| 8 | | licensee is a community-based manufactured home dealer, then
| 9 | | the license shall be posted in the community-based manufactured
| 10 | | home dealer's central office and it shall include a list of the
| 11 | | other locations that the community-based manufactured home
| 12 | | dealer may oversee. | 13 | | (g) Except as provided in subsection (i) of this Section,
| 14 | | all licenses granted under this Section shall expire by | 15 | | operation of law on December 31 of the calendar year for which | 16 | | the licenses were granted, unless sooner revoked or cancelled | 17 | | under the provisions of Section 5-501 of this Chapter. | 18 | | (h) All persons licensed as a manufactured home dealer or a
| 19 | | community-based manufactured home dealer are required to
| 20 | | furnish each purchaser of a manufactured home or park model: | 21 | | (1) in the case of a new manufactured home or park | 22 | | model, a manufacturer's statement of origin, and in the | 23 | | case of a previously owned manufactured home or park model, | 24 | | a certificate of title, in either case properly assigned to | 25 | | the purchaser; | 26 | | (2) a statement verified under oath that all
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| 1 | | identifying numbers on the vehicle match the identifying | 2 | | numbers on the certificate of title or manufacturer's | 3 | | statement of origin; | 4 | | (3) a bill of sale properly executed on behalf of the
| 5 | | purchaser; | 6 | | (4) a copy of the Uniform Invoice-transaction
| 7 | | reporting return form referred to in Section 5-402; and | 8 | | (5) for a new manufactured home or park model, a | 9 | | warranty, and in the case of a manufactured home or park | 10 | | model for which the warranty has been reinstated, a copy of | 11 | | the warranty; if no warranty is provided, a disclosure or | 12 | | statement that the manufactured home or park model is being | 13 | | sold "AS IS". | 14 | | (i) This Section shall not apply to a (i) seller who | 15 | | privately owns his or her manufactured home or park model as | 16 | | his or her main residence and is selling the manufactured home | 17 | | or park model to another individual or to a licensee; (ii) a | 18 | | retailer or entity licensed under either Section 5-101 or 5-102 | 19 | | of this Code; or (iii) an individual or entity licensed to sell | 20 | | truck campers, travel trailers, motor homes, or mini motor | 21 | | homes as defined by this Code. Any vehicle not covered by this | 22 | | Section that requires an individual or entity to obtain a | 23 | | license to sell 5 or more vehicles must obtain a license under | 24 | | the relevant provisions of this Code. | 25 | | (j) This Section shall not apply to any person licensed
| 26 | | under the Real Estate License Act of 2000. |
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| 1 | | (k) The Secretary of State may adopt any rules necessary to | 2 | | implement this Section.
| 3 | | (Source: P.A. 99-593, eff. 7-22-16.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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