Bill Status of HB 1142   96th General Assembly

Short Description:  MODULAR HOUSING BUYER PROTECT

House Sponsors
Rep. Michael W. Tryon

Senate Sponsors
(Sen. James F. Clayborne, Jr.-Don Harmon-Linda Holmes-Pamela J. Althoff)


Last Action  View All Actions

DateChamber Action
  8/25/2009HousePublic Act . . . . . . . . . 96-0750

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Manufactured Housing Buyer Protection Act. Provides that, if, after a reasonable number of attempts, the seller of a manufactured housing unit is unable to conform the manufactured housing unit to any of its applicable express warranties, then the manufacturer must either provide the consumer with a new manufactured housing unit of like model line, if available, or otherwise a comparable manufactured housing unit as a replacement, or accept the return of the manufactured housing unit from the consumer and refund to the consumer the full purchase price or lease cost of the new manufactured housing unit, including all collateral charges, less a reasonable allowance for consumer use of the manufactured housing unit, but only when the consumer has first resorted to an informal settlement procedure applicable to such disputes. Provides that persons electing to proceed and settle under the Act are barred from a separate cause of action under the Uniform Commercial Code. Provides guidelines for commencement of such actions. Requires the seller who sells a new manufactured housing unit to a consumer, upon delivery of that manufactured housing unit to the consumer, to provide the consumer with a written statement clearly and conspicuously setting forth in full detail the consumer's rights under specified provisions of the Act. Makes the Act applicable to manufactured housing sold after the effective date of this Act.

House Floor Amendment No. 1
Deletes from the list of definitions the term "manufactured housing" or "manufactured housing unit" and replaces it with the term "manufactured home". Defines "manufactured home" to mean a manufactured home as provided in the Illinois Administrative Code and shall not include the term modular dwelling.

Senate Floor Amendment No. 1
Deletes everything after the enacting clause. Creates the Modular Housing Buyer Protection Act. Defines "modular home" to mean factory built housing regulated by the Illinois Department of Public Health that consists of a building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating, and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site with a permanent foundation. Provides that the state-approved modular dwelling unit must comply with all applicable State laws; that failure to comply is grounds for suspension, revocation, or refusal to grant approval to a manufacturer or an authorized inspection agency and that such actions shall be governed by the Department of Public Health's Rules of Practice and Procedure in Administrative Hearings; that approved modular housing units shall have a specific seal in one of two designated locations; and that local building officials may require construction requirements in addition to the minimum State requirements.

Actions 
DateChamber Action
  2/11/2009HouseFiled with the Clerk by Rep. Michael W. Tryon
  2/11/2009HouseFirst Reading
  2/11/2009HouseReferred to Rules Committee
  2/18/2009HouseAssigned to Judiciary I - Civil Law Committee
  2/25/2009HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 015-000-000
  2/25/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/3/2009HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Michael W. Tryon
  3/3/2009HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/10/2009HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  3/30/2009HouseSecond Reading - Short Debate
  3/30/2009HouseHeld on Calendar Order of Second Reading - Short Debate
  3/31/2009HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/31/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/1/2009HouseThird Reading - Short Debate - Passed 116-000-000
  4/2/2009SenateArrive in Senate
  4/2/2009SenatePlaced on Calendar Order of First Reading April 21, 2009
  4/14/2009SenateChief Senate Sponsor Sen. John J. Cullerton
  4/14/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Don Harmon
  4/15/2009SenateFirst Reading
  4/15/2009SenateReferred to Assignments
  4/21/2009SenateAlternate Chief Sponsor Changed to Sen. James F. Clayborne, Jr.
  4/22/2009SenateAssigned to Consumer Protection
  4/30/2009SenateDo Pass Consumer Protection; 007-000-000
  4/30/2009SenatePlaced on Calendar Order of 2nd Reading May 5, 2009
  5/1/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Linda Holmes
  5/5/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  5/14/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. James F. Clayborne, Jr.
  5/14/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/17/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Consumer Protection
  5/18/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Consumer Protection; 009-000-000
  5/19/2009SenateSecond Reading
  5/19/2009SenateSenate Floor Amendment No. 1 Adopted; Clayborne
  5/19/2009SenatePlaced on Calendar Order of 3rd Reading May 20, 2009
  5/20/2009SenateThird Reading - Passed; 058-000-000
  5/20/2009HouseArrived in House
  5/20/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/21/2009HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Michael W. Tryon
  5/21/2009HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/26/2009HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Judiciary I - Civil Law Committee
  5/27/2009HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary I - Civil Law Committee; 012-000-000
  5/28/2009HouseSenate Floor Amendment No. 1 House Concurs 116-001-000
  5/28/2009HousePassed Both Houses
  6/26/2009HouseSent to the Governor
  8/25/2009HouseGovernor Approved
  8/25/2009HouseEffective Date January 1, 2010
  8/25/2009HousePublic Act . . . . . . . . . 96-0750

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