Full Text of HB4639 102nd General Assembly
HB4639enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning manufactured home dealers.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Income Tax Act is amended by | 5 | | changing Section 917 as follows:
| 6 | | (35 ILCS 5/917) (from Ch. 120, par. 9-917)
| 7 | | Sec. 917. Confidentiality and information sharing.
| 8 | | (a) Confidentiality.
Except as provided in this Section, | 9 | | all information received by the Department
from returns filed | 10 | | under this Act, or from any investigation conducted under
the | 11 | | provisions of this Act, shall be confidential, except for | 12 | | official purposes
within the Department or pursuant to | 13 | | official procedures for collection
of any State tax or | 14 | | pursuant to an investigation or audit by the Illinois
State | 15 | | Scholarship Commission of a delinquent student loan or | 16 | | monetary award
or enforcement of any civil or criminal penalty | 17 | | or sanction
imposed by this Act or by another statute imposing | 18 | | a State tax, and any
person who divulges any such information | 19 | | in any manner, except for such
purposes and pursuant to order | 20 | | of the Director or in accordance with a proper
judicial order, | 21 | | shall be guilty of a Class A misdemeanor. However, the
| 22 | | provisions of this paragraph are not applicable to information | 23 | | furnished
to (i) the Department of Healthcare and Family |
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| 1 | | Services (formerly
Department of Public Aid), State's | 2 | | Attorneys, and the Attorney General for child support | 3 | | enforcement purposes and (ii) a licensed attorney representing | 4 | | the taxpayer where an appeal or a protest
has been filed on | 5 | | behalf of the taxpayer. If it is necessary to file information | 6 | | obtained pursuant to this Act in a child support enforcement | 7 | | proceeding, the information shall be filed under seal. The | 8 | | furnishing upon request of the Auditor General, or his or her | 9 | | authorized agents, for official use of returns filed and | 10 | | information related thereto under this Act is deemed to be an | 11 | | official purpose within the Department within the meaning of | 12 | | this Section.
| 13 | | (b) Public information. Nothing contained in this Act | 14 | | shall prevent
the Director from publishing or making available | 15 | | to the public the names
and addresses of persons filing | 16 | | returns under this Act, or from publishing
or making available | 17 | | reasonable statistics concerning the operation of the
tax | 18 | | wherein the contents of returns are grouped into aggregates in | 19 | | such a
way that the information contained in any individual | 20 | | return shall not be
disclosed.
| 21 | | (c) Governmental agencies. The Director may make available | 22 | | to the
Secretary of the Treasury of the United States or his | 23 | | delegate, or the
proper officer or his delegate of any other | 24 | | state imposing a tax upon or
measured by income, for | 25 | | exclusively official purposes, information received
by the | 26 | | Department in the administration of this Act, but such |
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| 1 | | permission
shall be granted only if the United States or such | 2 | | other state, as the case
may be, grants the Department | 3 | | substantially similar privileges. The Director
may exchange | 4 | | information with the Department of Healthcare and Family | 5 | | Services and the
Department of Human Services (acting as | 6 | | successor to the Department of Public
Aid under the Department | 7 | | of Human Services Act) for
the purpose of verifying sources | 8 | | and amounts of income and for other purposes
directly | 9 | | connected with the administration of this Act, the Illinois | 10 | | Public Aid Code, and any other health benefit program | 11 | | administered by the State. The Director may exchange | 12 | | information with the Director of
the Department of Employment | 13 | | Security for the purpose of verifying sources
and amounts of | 14 | | income and for other purposes directly connected with the
| 15 | | administration of this Act and Acts administered by the | 16 | | Department of
Employment
Security.
The Director may make | 17 | | available to the Illinois Workers' Compensation Commission
| 18 | | information regarding employers for the purpose of verifying | 19 | | the insurance
coverage required under the Workers' | 20 | | Compensation Act and Workers'
Occupational Diseases Act. The | 21 | | Director may exchange information with the Illinois Department | 22 | | on Aging for the purpose of verifying sources and amounts of | 23 | | income for purposes directly related to confirming eligibility | 24 | | for participation in the programs of benefits authorized by | 25 | | the Senior Citizens and Persons with Disabilities Property Tax | 26 | | Relief and Pharmaceutical Assistance Act. The Director may |
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| 1 | | exchange information with the State Treasurer's Office and the | 2 | | Department of Employment Security for the purpose of | 3 | | implementing, administering, and enforcing the Illinois Secure | 4 | | Choice Savings Program Act. The Director may exchange | 5 | | information with the State Treasurer's Office for the purpose | 6 | | of administering the Revised Uniform Unclaimed Property Act or | 7 | | successor Acts. The Director may make information available to | 8 | | the Secretary of State for the purpose of administering | 9 | | Section 5-901 of the Illinois Vehicle Code. The Director may | 10 | | exchange information with the State Treasurer's Office for the | 11 | | purpose of administering the Illinois Higher Education Savings | 12 | | Program established under Section 16.8 of the State Treasurer | 13 | | Act.
| 14 | | The Director may make available to any State agency, | 15 | | including the
Illinois Supreme Court, which licenses persons | 16 | | to engage in any occupation,
information that a person | 17 | | licensed by such agency has failed to file
returns under this | 18 | | Act or pay the tax, penalty and interest shown therein,
or has | 19 | | failed to pay any final assessment of tax, penalty or interest | 20 | | due
under this Act.
The Director may make available to any | 21 | | State agency, including the Illinois
Supreme
Court, | 22 | | information regarding whether a bidder, contractor, or an | 23 | | affiliate of a
bidder or
contractor has failed to file returns | 24 | | under this Act or pay the tax, penalty,
and interest
shown | 25 | | therein, or has failed to pay any final assessment of tax, | 26 | | penalty, or
interest due
under this Act, for the limited |
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| 1 | | purpose of enforcing bidder and contractor
certifications.
For | 2 | | purposes of this Section, the term "affiliate" means any | 3 | | entity that (1)
directly,
indirectly, or constructively | 4 | | controls another entity, (2) is directly,
indirectly, or
| 5 | | constructively controlled by another entity, or (3) is subject | 6 | | to the control
of
a common
entity. For purposes of this | 7 | | subsection (a), an entity controls another entity
if
it owns,
| 8 | | directly or individually, more than 10% of the voting | 9 | | securities of that
entity.
As used in
this subsection (a), the | 10 | | term "voting security" means a security that (1)
confers upon | 11 | | the
holder the right to vote for the election of members of the | 12 | | board of directors
or similar
governing body of the business | 13 | | or (2) is convertible into, or entitles the
holder to receive
| 14 | | upon its exercise, a security that confers such a right to | 15 | | vote. A general
partnership
interest is a voting security.
| 16 | | The Director may make available to any State agency, | 17 | | including the
Illinois
Supreme Court, units of local | 18 | | government, and school districts, information
regarding
| 19 | | whether a bidder or contractor is an affiliate of a person who | 20 | | is not
collecting
and
remitting Illinois Use taxes, for the | 21 | | limited purpose of enforcing bidder and
contractor
| 22 | | certifications.
| 23 | | The Director may also make available to the Secretary of | 24 | | State
information that a corporation which has been issued a | 25 | | certificate of
incorporation by the Secretary of State has | 26 | | failed to file returns under
this Act or pay the tax, penalty |
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| 1 | | and interest shown therein, or has failed
to pay any final | 2 | | assessment of tax, penalty or interest due under this Act.
An | 3 | | assessment is final when all proceedings in court for
review | 4 | | of such assessment have terminated or the time for the taking
| 5 | | thereof has expired without such proceedings being instituted. | 6 | | For
taxable years ending on or after December 31, 1987, the | 7 | | Director may make
available to the Director or principal | 8 | | officer of any Department of the
State of Illinois, | 9 | | information that a person employed by such Department
has | 10 | | failed to file returns under this Act or pay the tax, penalty | 11 | | and
interest shown therein. For purposes of this paragraph, | 12 | | the word
"Department" shall have the same meaning as provided | 13 | | in Section 3 of the
State Employees Group Insurance Act of | 14 | | 1971.
| 15 | | (d) The Director shall make available for public
| 16 | | inspection in the Department's principal office and for | 17 | | publication, at cost,
administrative decisions issued on or | 18 | | after January
1, 1995. These decisions are to be made | 19 | | available in a manner so that the
following
taxpayer | 20 | | information is not disclosed:
| 21 | | (1) The names, addresses, and identification numbers | 22 | | of the taxpayer,
related entities, and employees.
| 23 | | (2) At the sole discretion of the Director, trade | 24 | | secrets
or other confidential information identified as | 25 | | such by the taxpayer, no later
than 30 days after receipt | 26 | | of an administrative decision, by such means as the
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| 1 | | Department shall provide by rule.
| 2 | | The Director shall determine the
appropriate extent of the
| 3 | | deletions allowed in paragraph (2). In the event the taxpayer | 4 | | does not submit
deletions,
the Director shall make only the | 5 | | deletions specified in paragraph (1).
| 6 | | The Director shall make available for public inspection | 7 | | and publication an
administrative decision within 180 days | 8 | | after the issuance of the
administrative
decision. The term | 9 | | "administrative decision" has the same meaning as defined in
| 10 | | Section 3-101 of Article III of the Code of Civil Procedure. | 11 | | Costs collected
under this Section shall be paid into the Tax | 12 | | Compliance and Administration
Fund.
| 13 | | (e) Nothing contained in this Act shall prevent the | 14 | | Director from
divulging
information to any person pursuant to | 15 | | a request or authorization made by the
taxpayer, by an | 16 | | authorized representative of the taxpayer, or, in the case of
| 17 | | information related to a joint return, by the spouse filing | 18 | | the joint return
with the taxpayer.
| 19 | | (Source: P.A. 102-61, eff. 7-9-21; 102-129, eff. 7-23-21; | 20 | | revised 8-10-21.)
| 21 | | Section 10. The Retailers' Occupation Tax Act is amended | 22 | | by changing Section 11 as follows:
| 23 | | (35 ILCS 120/11) (from Ch. 120, par. 450)
| 24 | | Sec. 11. All information received by the Department from |
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| 1 | | returns filed
under this Act, or from any investigation | 2 | | conducted under this Act, shall
be confidential, except for | 3 | | official purposes, and any person, including a third party as | 4 | | defined in the Local Government Revenue Recapture Act, who | 5 | | divulges
any such information in any manner, except in | 6 | | accordance with a proper
judicial order or as otherwise | 7 | | provided by law, including the Local Government Revenue | 8 | | Recapture Act, shall be guilty of a Class
B misdemeanor with a | 9 | | fine not to exceed $7,500.
| 10 | | Nothing in this Act prevents the Director of Revenue from | 11 | | publishing or
making available to the public the names and | 12 | | addresses of persons filing
returns under this Act, or | 13 | | reasonable statistics concerning the operation
of the tax by | 14 | | grouping the contents of returns so the information in any
| 15 | | individual return is not disclosed.
| 16 | | Nothing in this Act prevents the Director of Revenue from | 17 | | divulging to
the United States Government or the government of | 18 | | any other state, or any
officer or agency thereof, for | 19 | | exclusively official purposes, information
received by the | 20 | | Department in administering this Act, provided that such
other | 21 | | governmental agency agrees to divulge requested tax | 22 | | information to
the Department.
| 23 | | The Department's furnishing of information derived from a | 24 | | taxpayer's
return or from an investigation conducted under | 25 | | this Act to the surety on a
taxpayer's bond that has been | 26 | | furnished to the Department under this Act,
either to provide |
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| 1 | | notice to such surety of its potential liability under
the | 2 | | bond or, in order to support the Department's demand for | 3 | | payment from
such surety under the bond, is an official | 4 | | purpose within the meaning of
this Section.
| 5 | | The furnishing upon request of information obtained by the | 6 | | Department
from returns filed under this Act or investigations | 7 | | conducted under this
Act to the Illinois Liquor Control | 8 | | Commission for official use is deemed to
be an official | 9 | | purpose within the meaning of this Section.
| 10 | | Notice to a surety of potential liability shall not be | 11 | | given unless the
taxpayer has first been notified, not less | 12 | | than 10 days prior thereto, of
the Department's intent to so | 13 | | notify the surety.
| 14 | | The furnishing upon request of the Auditor General, or his | 15 | | authorized agents,
for official use, of returns filed and | 16 | | information related thereto under
this Act is deemed to be an | 17 | | official purpose within the meaning of this
Section.
| 18 | | Where an appeal or a protest has been filed on behalf of a | 19 | | taxpayer, the
furnishing upon request of the attorney for the | 20 | | taxpayer of returns filed
by the taxpayer and information | 21 | | related thereto under this Act is deemed
to be an official | 22 | | purpose within the meaning of this Section.
| 23 | | The furnishing of financial information to a municipality | 24 | | or county, upon request of the chief executive officer | 25 | | thereof, is an official purpose within the meaning of this | 26 | | Section,
provided the municipality or county agrees in
writing |
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| 1 | | to the requirements of this Section. Information provided to | 2 | | municipalities and counties under this paragraph shall be | 3 | | limited to: (1) the business name; (2) the business address; | 4 | | (3) the standard classification number assigned to the | 5 | | business; (4) net revenue distributed to the requesting | 6 | | municipality or county that is directly related to the | 7 | | requesting municipality's or county's local share of the | 8 | | proceeds under the Use Tax Act, the Service Use Tax Act, the | 9 | | Service Occupation Tax Act, and the Retailers' Occupation Tax | 10 | | Act distributed from the Local Government Tax Fund, and, if | 11 | | applicable, any locally imposed retailers' occupation tax or | 12 | | service occupation tax; and (5) a listing of all businesses | 13 | | within the requesting municipality or county by account | 14 | | identification number and address. On and after July 1, 2015, | 15 | | the furnishing of financial information to municipalities and | 16 | | counties under this paragraph may be by electronic means. If | 17 | | the Department may furnish financial information to a | 18 | | municipality or county under this paragraph, then the chief | 19 | | executive officer of the municipality or county may, in turn, | 20 | | provide that financial information to a third party pursuant | 21 | | to the Local Government Revenue Recapture Act. However, the | 22 | | third party shall agree in writing to the requirements of this | 23 | | Section and meet the requirements of the Local Government | 24 | | Revenue Recapture Act.
| 25 | | Information so provided shall be subject to all | 26 | | confidentiality provisions
of this Section. The written |
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| 1 | | agreement shall provide for reciprocity,
limitations on | 2 | | access, disclosure, and procedures for requesting information. | 3 | | For the purposes of furnishing financial information to a | 4 | | municipality or county under this Section, "chief executive | 5 | | officer" means the mayor of a city, the village board | 6 | | president of a village, the mayor or president of an | 7 | | incorporated town, the county executive of a county that has | 8 | | adopted the county executive form of government, the president | 9 | | of the board of commissioners of Cook County, or the | 10 | | chairperson of the county board or board of county | 11 | | commissioners of any other county.
| 12 | | The Department may make available to the Board of Trustees | 13 | | of any Metro
East Mass Transit District information contained | 14 | | on transaction reporting
returns required to be filed under | 15 | | Section 3 of this Act that report sales made
within the | 16 | | boundary of the taxing authority of that Metro East Mass | 17 | | Transit
District, as provided in Section 5.01 of the Local | 18 | | Mass Transit District Act.
The disclosure shall be made | 19 | | pursuant to a written agreement between the
Department and the | 20 | | Board of Trustees of a Metro East Mass Transit District,
which | 21 | | is an official purpose within the meaning of this Section. The | 22 | | written
agreement between the Department and the Board of | 23 | | Trustees of a Metro East
Mass Transit District shall provide | 24 | | for reciprocity, limitations on access,
disclosure, and | 25 | | procedures for requesting information. Information so provided
| 26 | | shall be subject to all confidentiality provisions of this |
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| 1 | | Section.
| 2 | | The Director may make available to any State agency, | 3 | | including the
Illinois Supreme Court, which licenses persons | 4 | | to engage in any occupation,
information that a person | 5 | | licensed by such agency has failed to file
returns under this | 6 | | Act or pay the tax, penalty and interest shown therein,
or has | 7 | | failed to pay any final assessment of tax, penalty or interest | 8 | | due
under this Act.
The Director may make available to any | 9 | | State agency, including the Illinois
Supreme
Court, | 10 | | information regarding whether a bidder, contractor, or an | 11 | | affiliate of a
bidder or
contractor has failed to collect and | 12 | | remit Illinois Use tax on sales into
Illinois, or any tax
under | 13 | | this Act or pay the tax, penalty, and interest shown therein, | 14 | | or has
failed to pay any
final assessment of tax, penalty, or | 15 | | interest due under this Act, for the
limited purpose of
| 16 | | enforcing bidder and contractor certifications. The Director | 17 | | may make available
to units
of local government and school | 18 | | districts that require bidder and contractor
certifications,
| 19 | | as set forth in Sections 50-11 and 50-12 of the Illinois | 20 | | Procurement Code,
information
regarding whether a bidder, | 21 | | contractor, or an affiliate of a bidder or
contractor has | 22 | | failed
to collect and remit Illinois Use tax on sales into | 23 | | Illinois, file returns under
this Act, or
pay the tax, | 24 | | penalty, and interest shown therein, or has failed to pay any | 25 | | final
assessment
of tax, penalty, or interest due under this | 26 | | Act, for the limited purpose of
enforcing bidder
and |
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| 1 | | contractor certifications. For purposes of this Section, the | 2 | | term
"affiliate" means any
entity that (1) directly, | 3 | | indirectly, or constructively controls another
entity,
(2) is | 4 | | directly,
indirectly, or constructively controlled by another | 5 | | entity, or (3) is subject
to
the control of
a common entity. | 6 | | For purposes of this Section, an entity controls another
| 7 | | entity
if it owns,
directly or individually, more than 10% of | 8 | | the voting securities of that
entity.
As used in
this Section, | 9 | | the term "voting security" means a security that (1) confers | 10 | | upon
the holder
the right to vote for the election of members | 11 | | of the board of directors or
similar governing
body of the | 12 | | business or (2) is convertible into, or entitles the holder to
| 13 | | receive upon its
exercise, a security that confers such a | 14 | | right to vote. A general partnership
interest is a
voting | 15 | | security.
| 16 | | The Director may make available to any State agency, | 17 | | including the
Illinois
Supreme Court, units of local | 18 | | government, and school districts, information
regarding
| 19 | | whether a bidder or contractor is an affiliate of a person who | 20 | | is not
collecting
and
remitting Illinois Use taxes for the | 21 | | limited purpose of enforcing bidder and
contractor
| 22 | | certifications.
| 23 | | The Director may also make available to the Secretary of | 24 | | State
information that a limited liability company, which has | 25 | | filed articles of
organization with the Secretary of State, or | 26 | | corporation which has been
issued a certificate of |
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| 1 | | incorporation by the Secretary of State has failed to
file | 2 | | returns under this Act or pay the tax, penalty and interest | 3 | | shown therein,
or has failed to pay any final assessment of | 4 | | tax, penalty or interest due under
this Act. An assessment is | 5 | | final when all proceedings in court for review of
such | 6 | | assessment have terminated or the time for the taking thereof | 7 | | has expired
without such proceedings being instituted.
| 8 | | The Director shall make available for public inspection in | 9 | | the Department's
principal office and for publication, at | 10 | | cost, administrative decisions issued
on or after January 1, | 11 | | 1995. These decisions are to be made available in a
manner so | 12 | | that the following taxpayer information is not disclosed:
| 13 | | (1) The names, addresses, and identification numbers | 14 | | of the taxpayer,
related entities, and employees.
| 15 | | (2) At the sole discretion of the Director, trade | 16 | | secrets
or other confidential information identified as | 17 | | such by the taxpayer, no later
than 30 days after receipt | 18 | | of an administrative decision, by such means as the
| 19 | | Department shall provide by rule.
| 20 | | The Director shall determine the appropriate extent of the | 21 | | deletions allowed
in paragraph (2). In the event the taxpayer | 22 | | does not submit deletions, the
Director shall make only the | 23 | | deletions specified in paragraph (1).
| 24 | | The Director shall make available for public inspection | 25 | | and publication an
administrative decision within 180 days | 26 | | after the issuance of the
administrative decision. The term |
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| 1 | | "administrative decision" has the same
meaning as defined in | 2 | | Section 3-101 of Article III of the Code of Civil
Procedure. | 3 | | Costs collected under this Section shall be paid into the Tax
| 4 | | Compliance and Administration Fund.
| 5 | | Nothing contained in this Act shall prevent the Director | 6 | | from divulging
information to any person pursuant to a request | 7 | | or authorization made by the
taxpayer or by an authorized | 8 | | representative of the taxpayer.
| 9 | | The furnishing of information obtained by the Department | 10 | | from returns filed under Public Act 101-10 to the Department | 11 | | of Transportation for purposes of compliance with Public Act | 12 | | 101-10 regarding aviation fuel is deemed to be an official | 13 | | purpose within the meaning of this Section. | 14 | | The Director may make information available to the | 15 | | Secretary of State for the purpose of administering Section | 16 | | 5-901 of the Illinois Vehicle Code. | 17 | | (Source: P.A. 101-10, eff. 6-5-19; 101-628, eff. 6-1-20; | 18 | | 102-558, eff. 8-20-21.)
| 19 | | Section 10. The Illinois Vehicle Code is amended by adding | 20 | | Article IX to Chapter 5 as follows: | 21 | | (625 ILCS 5/Ch. 5 Art. IX heading new) | 22 | | ARTICLE IX. MANUFACTURED HOME DEALERS | 23 | | (625 ILCS 5/5-901 new) |
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| 1 | | Sec. 5-901. Regulation of manufactured home dealers. | 2 | | (a) As used in this Article: | 3 | | "Established place of business" means the place owned or | 4 | | leased and occupied by any person duly licensed or required to | 5 | | be licensed as a manufactured home dealer for the purpose of | 6 | | engaging in selling, buying, bartering, displaying, | 7 | | exchanging, or dealing in, on consignment or otherwise, | 8 | | manufactured homes and for such other ancillary purposes as | 9 | | may be permitted by the Secretary by rule. | 10 | | "Manufactured home" means a factory-assembled structure | 11 | | built on a permanent chassis, transportable in one or more | 12 | | sections in the travel mode, incapable of self-propulsion, | 13 | | bears a label indicating the manufacturer's compliance with | 14 | | the United States Department of Housing and Urban Development | 15 | | standards, as applicable, and is designed for year-round | 16 | | occupancy as a single-family residence when connected to | 17 | | approved water, sewer, and electrical utilities. | 18 | | "Manufactured home dealer" means: (1) an individual or | 19 | | entity that engages in the business of acquiring or disposing | 20 | | of new or used manufactured homes; (2) an individual or entity | 21 | | who advertises or otherwise holds the individual or the entity | 22 | | out as being engaged in the business of acquiring or selling | 23 | | new or used manufactured homes; or (3) an individual or entity | 24 | | who buys or sells more than 2 new or used manufactured homes | 25 | | within a 12-month period. | 26 | | (b) No person shall engage in this State in the business of |
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| 1 | | selling or dealing in, on consignment or otherwise, | 2 | | manufactured homes of any make, or act as an intermediary, | 3 | | agent, or broker for any manufactured home purchaser, other | 4 | | than as a salesperson, or to represent or advertise that he or | 5 | | she is so engaged, or intends to so engage, in the business, | 6 | | unless licensed to do so by the Secretary of State under this | 7 | | Section. | 8 | | (c) An application for a manufactured home dealer's | 9 | | license shall be filed with the Secretary of State Vehicle | 10 | | Services Department and duly verified by oath, on such form as | 11 | | the Secretary of State may prescribe, and shall contain all of | 12 | | the following: | 13 | | (1) The name and type of business organization of the | 14 | | applicant, and his or her established place of business in | 15 | | this State. | 16 | | (2) If the applicant is a corporation, a list of its | 17 | | officers, directors, and shareholders having a 10% or | 18 | | greater ownership interest in the corporation. If the | 19 | | applicant is a sole proprietorship, a partnership, a | 20 | | limited liability company, an unincorporated association, | 21 | | a trust, or any similar form of business organization, the | 22 | | name and residence address of the proprietor, or the name | 23 | | and residence address of each partner, member, officer, | 24 | | director, trustee, or manager. | 25 | | (3) A statement that the applicant has been approved | 26 | | for registration under the Retailers' Occupation Tax Act |
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| 1 | | by the Department of Revenue, except that this requirement | 2 | | does not apply to a manufactured home dealer who is | 3 | | already licensed with the Secretary of State, and who is | 4 | | only applying for a renewal of his or her license. As | 5 | | evidence of this fact, the application shall be | 6 | | accompanied by a certification from the Department of | 7 | | Revenue showing that the Department has approved the | 8 | | applicant for registration under the Retailers' Occupation | 9 | | Tax Act. | 10 | | (4) An application for a manufactured home dealer's | 11 | | license shall be accompanied by a $1,000 license fee for | 12 | | the applicant's established place of business. If the | 13 | | application is made after June 15 of any year, the license | 14 | | fee shall be $500 for the applicant's established place of | 15 | | business. License fees shall be returnable only if the | 16 | | application is denied by the Secretary of State. | 17 | | Of the money received by the Secretary of State as | 18 | | license fees under this paragraph (4), 95% shall be | 19 | | deposited into the General Revenue Fund and 5% into the | 20 | | Motor Vehicle License Plate Fund. | 21 | | (5) A statement that no officer, director, shareholder | 22 | | having a 10% or greater ownership interest, proprietor, | 23 | | partner, member, officer, director, trustee, manager, or | 24 | | other principal in the business of the applicant has | 25 | | committed in the past 3 years any violation, as determined | 26 | | in any civil, criminal, or administrative hearing |
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| 1 | | proceeding, of any one of the following Acts: | 2 | | (A) the Anti-Theft Laws of this Code; | 3 | | (B) the Certificate of Title Laws of this Code; | 4 | | (C) the Offenses against Registration and | 5 | | Certificates of Title Laws of this Code; | 6 | | (D) the Dealers, Transporters, Wreckers, and | 7 | | Rebuilders Laws of this Code; | 8 | | (E) Section 21-2 of the Criminal Code of 2012, | 9 | | criminal trespass to vehicles; | 10 | | (F) the Retailers' Occupation Tax Act; | 11 | | (G) the Consumer Installment Loan Act; | 12 | | (H) the Retail Installment Sales Act; | 13 | | (I) the Interest Act; | 14 | | (J) the Illinois Wage Assignment Act; | 15 | | (K) Part 8 of Article XII of the Code of Civil | 16 | | Procedure; or | 17 | | (L) the Consumer Fraud and Deceptive Business | 18 | | Practices Act. | 19 | | (6) A bond or certificate of deposit in the amount of | 20 | | $150,000 for each license holder applicant intending to | 21 | | act as a manufactured home dealer under this Section. The | 22 | | bond shall be for the term of the license for which | 23 | | application is made and shall expire not sooner than | 24 | | December 31st of the year for which the license was | 25 | | issued. The bond shall run to the People of the State of | 26 | | Illinois and to customers asserting financial claims |
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| 1 | | against the dealer, with surety by a bonding or insurance | 2 | | company authorized to do business in this State. It shall | 3 | | be conditioned upon the proper transmittal of all title | 4 | | and registration fees and taxes (excluding taxes under the | 5 | | Retailers' Occupation Tax Act) accepted by the applicant | 6 | | as a manufactured home dealer, and the execution of all of | 7 | | the dealer's obligations to the customer, including | 8 | | financial duties related to the acceptance and | 9 | | disbursement of any funds paid to the dealer by the | 10 | | customer, and conveyance of possession or ownership | 11 | | documents of a manufactured home. | 12 | | (7) Dealers in business for over 10 years may | 13 | | substitute a certificate of insurance in lieu of the bond | 14 | | or certificate of deposit upon renewing their license. | 15 | | (8) Any other information concerning the business of | 16 | | the applicant as the Secretary of State may by rule | 17 | | prescribe. | 18 | | (d) Any change that renders no longer accurate any | 19 | | information contained in any application for a license under | 20 | | this Section shall be amended within 30 days after the | 21 | | occurrence of the change on a form the Secretary of State may | 22 | | prescribe, by rule, accompanied by an amendatory fee of $25. | 23 | | (e) The Secretary of State shall, within a reasonable time | 24 | | after receipt, examine an application submitted under this | 25 | | Section, and unless the Secretary makes a determination that | 26 | | the application submitted does not conform with the |
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| 1 | | requirements of this Section or that grounds exist for a | 2 | | denial of the application under subsection (f), grant the | 3 | | applicant an initial manufactured home dealer's license in | 4 | | writing for the established place of business of the applicant | 5 | | in a form the Secretary may prescribe by rule, which shall | 6 | | include the following: | 7 | | (1) the name of the person or entity licensed; | 8 | | (2) if a corporation, the name and address of its | 9 | | officers; if a sole proprietorship, a partnership, an | 10 | | unincorporated association, or any similar form of | 11 | | business organization, the name and address of the | 12 | | proprietor, or the name and address of each partner, | 13 | | member, officer, director, trustee or manager; or if a | 14 | | limited liability company, the name and address of the | 15 | | general partner or partners, or managing member or | 16 | | members; and | 17 | | (3) the established place of business of the licensee. | 18 | | (f) A license issued under this Section may be denied, | 19 | | revoked, or suspended if the Secretary of State finds that the | 20 | | applicant, or the officer, director, shareholder having a 10% | 21 | | or greater ownership interest in the corporation, owner, | 22 | | partner, trustee, manager, employee or the licensee has: | 23 | | (1) violated this Section; | 24 | | (2) made any material misrepresentation to the | 25 | | Secretary of State in connection with an application for a | 26 | | license, title, or registration; |
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| 1 | | (3) committed a fraudulent act in connection with | 2 | | selling, bartering, exchanging, offering for sale, or | 3 | | otherwise dealing in manufactured homes; | 4 | | (4) not maintained an established place of business as | 5 | | defined in this Section; | 6 | | (5) failed to file or produce to the Secretary of | 7 | | State any application, report, document, or other | 8 | | pertinent books, records, documents, letters, contracts | 9 | | required to be filed or produced under this Section or any | 10 | | rule adopted by the Secretary of State pursuant to this | 11 | | Section; | 12 | | (6) failed to pay any fees or taxes due under this | 13 | | Code, or has failed to transmit any fees or taxes received | 14 | | by him or her for transmittal by him or her to the | 15 | | Secretary of State or the State of Illinois; | 16 | | (7) failed to transfer title to a manufactured home | 17 | | when legally required to do so; or | 18 | | (8) violated any of the following: | 19 | | (A) the Anti-Theft Laws of this Code; | 20 | | (B) the Certificate of Title Laws of this Code; | 21 | | (C) the Offenses against Registration and | 22 | | Certificates of Title Laws of this Code; | 23 | | (D) the Dealers, Transporters, Wreckers, and | 24 | | Rebuilders Laws of this Code; | 25 | | (E) Section 21-2 of the Criminal Code of 2012, | 26 | | criminal trespass to vehicles; |
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| 1 | | (F) the Retailers' Occupation Tax Act; | 2 | | (G) the Consumer Installment Loan Act; | 3 | | (H) the Retail Installment Sales Act; | 4 | | (I) the Interest Act; | 5 | | (J) the Illinois Wage Assignment Act; | 6 | | (K) Part 8 of Article XII of the Code of Civil | 7 | | Procedure; or | 8 | | (L) the Consumer Fraud and Deceptive Business | 9 | | Practices Act. | 10 | | (g) In addition to other grounds specified in this | 11 | | Section, the Secretary of State, on complaint of the | 12 | | Department of Revenue, shall refuse the issuance or renewal of | 13 | | a license, or suspend or revoke such a license, for any of the | 14 | | following violations of the Retailers' Occupation Tax Act, the | 15 | | tax imposed on corporations under subsection (b) of Section | 16 | | 201 of the Illinois Income Tax Act, the Personal Property Tax | 17 | | Replacement Income Tax imposed under subsections (c) and (d) | 18 | | of Section 201 of the Illinois Income Tax Act, or the tax | 19 | | imposed under Section 704A of the Illinois Income Tax Act: | 20 | | (1) failure to make a tax return; | 21 | | (2) the filing of a fraudulent return; | 22 | | (3) failure to pay all or part of any tax or penalty | 23 | | finally determined to be due; | 24 | | (4) failure to comply with the bonding requirements of | 25 | | the Retailers' Occupation Tax Act. | 26 | | (h) A license issued under this Section may be canceled by |
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| 1 | | the Secretary of State prior to its expiration in any of the | 2 | | following situations: | 3 | | (1) if a license is voluntarily surrendered by the | 4 | | licensed person; | 5 | | (2) if the business enterprise is a sole | 6 | | proprietorship and the sole proprietor dies or is | 7 | | imprisoned for any period exceeding 30 days; or | 8 | | (3) if the license was issued to the wrong person or | 9 | | corporation or contains an error on its face. | 10 | | If any person whose license has been canceled wishes to | 11 | | apply for another license, whether during the same license | 12 | | year or any other year, that person shall be treated as a new | 13 | | applicant and the cancellation of the person's prior license | 14 | | shall not, in and of itself, be a bar to the issuance of a new | 15 | | license. | 16 | | (i) A license issued under this Section may be canceled | 17 | | without a hearing if the Secretary of State is notified that | 18 | | the applicant, or any officer, director, shareholder having a | 19 | | 10% or greater ownership interest, owner, partner, trustee, | 20 | | manager, employee, or member of the applicant or the licensee | 21 | | has been convicted of any forcible felony or any felony | 22 | | involving the selling, bartering, exchanging, offering for | 23 | | sale, or otherwise dealing in ownership documents relating to | 24 | | any of the above actions. | 25 | | (j) The appropriate instrument evidencing the license or a | 26 | | certified copy of the instrument, provided by the Secretary of |
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| 1 | | State, shall be kept posted conspicuously in the established | 2 | | place of business of the licensee. | 3 | | (k) All records related to the purchase, sale, or | 4 | | acceptance for sale on consignment of any manufactured home | 5 | | shall be maintained at the licensee's established place of | 6 | | business. These records shall be retained for a period of not | 7 | | less than 7 years, and shall be made available for inspection | 8 | | upon the request of a Secretary of State auditor or an | 9 | | investigator with the Secretary of State Department of Police. | 10 | | (l) Except as provided in subsection (i), all licenses | 11 | | granted under this Section shall expire by operation of law on | 12 | | December 31st of the calendar year for which the licenses were | 13 | | granted, unless sooner revoked or canceled under subsection | 14 | | (f). | 15 | | (m) Each person licensed as a manufactured home dealer is | 16 | | required to furnish each purchaser of a manufactured home: | 17 | | (1) in the case of a new manufactured home, a | 18 | | manufacturer's statement of origin, and in the case of a | 19 | | previously owned manufactured home, a certificate of | 20 | | title, in either case properly assigned to the purchaser; | 21 | | (2) a statement verified under oath that all | 22 | | identifying numbers on the vehicle match the identifying | 23 | | numbers on the certificate of title or manufacturer's | 24 | | statement of origin; | 25 | | (3) a bill of sale properly executed on behalf of the | 26 | | purchaser; and |
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| 1 | | (4) for a new manufactured home, a warranty, and in | 2 | | the case of a manufactured home for which the warranty has | 3 | | been reinstated, a copy of the warranty; if no warranty is | 4 | | provided, a disclosure or statement that the manufactured | 5 | | home is being sold "AS IS". | 6 | | (n) This Section does not apply to a seller who privately | 7 | | owns his or her manufactured home as his or her main residence | 8 | | and is selling the manufactured home to another individual or | 9 | | to a licensee so long as that individual does not sell more | 10 | | than 2 manufactured homes in one 12-month period. | 11 | | (o) This Section does not apply to any person licensed | 12 | | under the Real Estate License Act of 2000. | 13 | | (p) The Secretary of State may adopt any rules necessary | 14 | | to implement this Section. | 15 | | (q) Any individual or entity licensed as a manufactured | 16 | | home dealer or a community-based manufactured home dealer on | 17 | | the effective date of this Section shall be entitled to act as | 18 | | a manufactured home dealer under this Section for the duration | 19 | | of any license in effect on the effective date of this | 20 | | amendatory Act of the 102nd General Assembly, and shall be | 21 | | eligible to be issued a manufactured home dealer's license | 22 | | under this Section upon the expiration of any such license.
| 23 | | (625 ILCS 5/5-101.2 rep.) | 24 | | Section 15. The Illinois Vehicle Code is amended by | 25 | | repealing Section 5-101.2. |
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2022. |
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