99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1702

 

Introduced 2/20/2015, by Sen. John M. Sullivan

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/5-101.2 new

    Amends the Illinois Vehicle Code. Requires dealers of manufactured homes and community-based manufactured homes to be licensed in this State for the purpose of selling manufactured homes. Provides that an application for a manufactured home dealer's license or a community-based manufactured home dealer's license shall be filed with the Secretary of State, duly verified by oath on a form prescribed by the Secretary, and shall contain certain required information concerning the dealer's business and the fees to be paid for the license. Requires the Secretary to grant the manufactured home or community-based manufactured home dealer's license in writing within a reasonable period of time after receipt of the application for the license, if the license application meets the proper requirements. Provides that the instrument evidencing the license, or a certified copy of the instrument, shall be posted in the established place of business of the dealer. Provides that dealer's licenses shall expire on December 31 of the calendar year for which they are granted, unless sooner revoked or cancelled. Defines the terms, "community-based manufactured home dealer", "established place of business", "manufactured home", and "supplemental license".


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by adding
5Section 5-101.2 as follows:
 
6    (625 ILCS 5/5-101.2 new)
7    Sec. 5-101.2. Manufactured home dealers; licensing
8    (a) For the purposes of this Section, the following words
9shall 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 upon which contain sites
13    with the necessary utilities for 7 or more independent
14    manufactured homes for permanent habitation, either free
15    of charge or for revenue purposes, and shall include any
16    building, structure, vehicle, or enclosure used or
17    intended for use as a part of the equipment of the
18    manufactured home park who may, incidental to the operation
19    of the manufactured home community, sell, trade, or buy a
20    manufactured home that is located within the manufactured
21    home community or is located in a different manufactured
22    home community that is owned or managed by the
23    community-based manufactured home dealer.

 

 

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1        "Established place of business" means the place owned
2    or leased and occupied by any person duly licensed or
3    required to be licensed as a manufactured home dealer, or a
4    community-based manufactured home dealer, for the purpose
5    of engaging in selling, buying, bartering, displaying,
6    exchanging, or dealing in, on consignment or otherwise,
7    manufactured homes and for such other ancillary purposes as
8    may be permitted by the Secretary by rule. An established
9    place of business shall include a single or central office
10    in which the dealer's or community-based manufactured home
11    dealer's records shall be separate and distinct from any
12    other business or tenant which may occupy space in the same
13    building, except as provided in this Section, and the
14    office shall not be located in a residence, tent, temporary
15    stand, temporary address, room or rooms in a hotel or
16    rooming house, nor the premises occupied by a single or
17    multiple unit residence, unless the multiple unit
18    residence has a separate and distinct office.
19        "Manufactured home" means a factory assembled
20    structure built on a permanent chassis, transportable in
21    one or more sections in the travel mode, incapable of
22    self-propulsion, and bears a label indicating the
23    manufacturer's compliance with the United States
24    Department of Housing and Urban Development standards,
25    that is without a permanent foundation and is designed for
26    year round occupancy as a single-family residence when

 

 

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1    connected to approved water, sewer, and electrical
2    utilities.
3        "Supplemental license" means a license that the
4    manufactured home dealer, or a community-based
5    manufactured home dealer, applies for in addition to his or
6    her primary license, which is located at his or her
7    established place of business.
8    (b) No person shall engage in this State in the business of
9selling or dealing in, on consignment or otherwise,
10manufactured homes of any make, or act as an intermediary,
11agent, or broker for any manufactured home purchaser, other
12than as a salesperson or to represent or advertise that he or
13she is so engaged, or intends to so engage, in the business,
14unless licensed to do so by the Secretary of State under the
15provisions of this Section.
16    (c) An application for a manufactured home dealer's
17license, or a community-based manufactured home dealer's
18license, shall be filed with the Secretary of State and duly
19verified by oath, on such form as the Secretary of State may by
20rule prescribe, and shall contain all of the following:
21        (1) The name and type of business organization of the
22    applicant, and his or her established and additional places
23    of business, if any, in this State.
24        (2) If the applicant is a corporation, a list of its
25    officers, directors, and shareholders having a 10% or
26    greater ownership interest in the corporation. If the

 

 

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1    applicant is a sole proprietorship, a partnership, a
2    limited liability company, an unincorporated association,
3    a trust, or any similar form of business organization, the
4    name and residence address of the proprietor, or the name
5    and residence address of each partner, member, officer,
6    director, trustee, or manager.
7        (3) The make or makes of new manufactured homes which
8    the applicant will offer for sale at retail in the State.
9        (4) The name of each manufacturer or franchised
10    distributor, if any, of new manufactured homes with whom
11    the applicant has contracted for the sale of new
12    manufactured homes. As evidence of this fact, the
13    application shall be accompanied by a signed statement from
14    each manufacturer or franchised distributor.
15        (5) A statement that the applicant has been approved
16    for registration under the Retailers' Occupation Tax Act by
17    the Department of Revenue, provided that this requirement
18    does not apply to a manufactured home dealer who is already
19    licensed with the Secretary of State, and who is merely
20    applying for a renewal of his or her license. As evidence
21    of this fact, the application shall be accompanied by a
22    certification from the Department of Revenue showing that
23    the Department has approved the applicant for registration
24    under the Retailers' Occupation Tax Act.
25        (6) An application for:
26            (A) manufactured home dealer's license, when the

 

 

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1        applicant is selling new manufactured homes on behalf
2        of a manufacturer of manufactured homes or used
3        manufactured homes, shall be accompanied by a $1,000
4        license fee for the applicant's established place of
5        business, and $100 for each additional place of
6        business, if any, to which the application pertains. If
7        the application is made after June 15 in any year, the
8        license fee shall be $500 for the applicant's
9        established place of business, and $50 for each
10        additional place of business, if any, to which the
11        application pertains. License fees shall be returnable
12        only in the event that the application is denied by the
13        Secretary of State; or
14            (B) a community-based manufactured home dealer's
15        license, when the applicant is selling a manufactured
16        home not on behalf of a manufacturer of manufactured
17        homes, but within a community setting, shall be
18        accompanied by a license fee of $500 for the
19        applicant's established place of business, and $50 for
20        each additional place of business, if any to which the
21        application pertains. If the application is made after
22        June 15 in any year, the license fee shall be $250 for
23        the applicant's established place of business, and $50
24        for each additional place of business, if any, to which
25        the application pertains. License fees shall be
26        returnable only in the event that the application is

 

 

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1        denied by the Secretary of State. Of the monies
2        received by the Secretary of State as license fees
3        under this paragraph (6), 95% shall be deposited into
4        the General Revenue Fund and 5% into the Motor Vehicle
5        License Plate Fund.
6        (7) A statement that the applicant's officers,
7    directors, and shareholders having a 10% or greater
8    ownership interest therein, proprietor, a partner, member,
9    officer, director, trustee, manager, or other principals
10    in the business, have not committed in the past 3 years any
11    one violation, as determined in any civil, criminal, or
12    administrative hearing proceeding, of any one of the
13    following Acts:
14            (A) the Anti Theft Laws of the Illinois Vehicle
15        Code;
16            (B) the Certificate of Title Laws of the Illinois
17        Vehicle Code;
18            (C) the Offenses against Registration and
19        Certificates of Title Laws of the Illinois Vehicle
20        Code;
21            (D) the Dealers, Transporters, Wreckers, and
22        Rebuilders Laws of the Illinois Vehicle Code;
23            (E) Section 21-2 of the Criminal Code of 2012
24        (criminal trespass to vehicles);
25            (F) the Retailers Occupation Tax Act;
26            (G) the Consumer Finance Act;

 

 

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1            (H) the Consumer Installment Loan Act;
2            (I) the Retail Installment Sales Act;
3            (J) the Motor Vehicle Retail Installment Sales
4        Act;
5            (K) the Interest Act;
6            (L) the Illinois Wage Assignment Act;
7            (M) Part 8 of Article XII of the Code of Civil
8        Procedure; or
9            (N) the Consumer Fraud Act.
10        (8) A statement that the applicant's officers,
11    directors, and shareholders having a 10% or greater
12    ownership interest therein, proprietor, a partner, member,
13    officer, director, trustee, manager, or other principals
14    in the business, have not been convicted in any calendar
15    year, as determined in any criminal proceeding, of a
16    forcible felony under the Criminal Code of 1961, the
17    Criminal Code of 2012, or a similar out-of-state offense.
18    For the purposes of this paragraph, "forcible felony" has
19    the meaning as defined in Section 2-8 of the Criminal Code
20    of 2012.
21        (9) A bond or certificate of deposit in the amount of
22    $20,000 for each license holder applicant intending to act
23    as a manufactured home dealer or community-based
24    manufactured home dealer under this Section. The bond shall
25    be for the term of the license, for which application is
26    made, and shall expire not sooner than December 31 of the

 

 

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1    year for which the license was issued. The bond shall run
2    to the People of the State of Illinois, with surety by a
3    bonding or insurance company authorized to do business in
4    this State. It shall be conditioned upon the proper
5    transmittal of all title and registration fees and taxes
6    (excluding taxes under the Retailers' Occupation Tax Act)
7    accepted by the applicant as a manufactured home dealer.
8        (10) Dealers in business for over 5 years may
9    substitute a certificate of insurance in lieu of the bond
10    or certificate of deposit upon renewing their license.
11        (11) Any other information concerning the business of
12    the applicant as the Secretary of State may by rule
13    prescribe.
14        (12) A statement that the applicant has read and
15    understands Chapters 1 through 5 of this Code.
16    (d) Any change which renders no longer accurate any
17information contained in any application for a manufactured
18home dealer's license shall be amended within 30 days after the
19occurrence of the change on a form the Secretary of State may
20prescribe by rule, accompanied by an amendatory fee of $25.
21    (e) The Secretary of State shall, within a reasonable time
22after receipt, examine an application submitted to him or her
23under this Section, and unless he or she makes a determination
24that the application submitted to him or her does not conform
25with the requirements of this Section or that grounds exist for
26a denial of the application under Section 5-501 of this

 

 

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1Chapter, grant the applicant an initial manufactured home
2dealer's license, or a community-based manufactured home
3dealer's license, in writing for his or her established place
4of business and a supplemental license in writing for each
5additional place of business in a form the Secretary may
6prescribe by rule, which shall 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 members;
16        (3) in the case of an original license, the established
17    place of business of the licensee;
18        (4) in the case of a supplemental license, the
19    established place of business of the licensee and the
20    additional place of business to which the supplemental
21    license pertains; and
22        (5) if applicable, the make or makes of new
23    manufactured homes to which a manufactured home dealer is
24    licensed to sell.
25    (f) The appropriate instrument evidencing the license or a
26certified copy of the instrument, provided by the Secretary of

 

 

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1State, shall be kept posted conspicuously in the established
2place of business of the licensee and in each additional place
3of business, if any, maintained by the licensee, unless the
4licensee is a community-based manufactured home dealer, then
5the license shall be posted in the community-based manufactured
6home dealer's central office and it shall include a list of the
7other locations that the community-based manufactured home
8dealer may oversee.
9    (g) Except as provided in subsection (i) of this Section,
10all manufactured home dealer licenses granted under this
11Section shall expire by operation of law on December 31 of the
12calendar year for which the licenses were granted, unless
13sooner revoked or cancelled under the provisions of Section
145-501 of this Chapter.
15    (h) All persons licensed as a manufactured home dealer or a
16community-based manufactured home dealer are required to
17furnish each purchaser of a manufactured home:
18        (1) in the case of a new manufactured home, a
19    manufacturer's statement of origin, and in the case of a
20    previously owned manufactured home, a certificate of
21    title, in either case properly assigned to the purchaser;
22        (2) a statement verified under oath that all
23    identifying numbers on the vehicle match the identifying
24    numbers on the certificate of title or manufacturer's
25    statement of origin;
26        (3) a bill of sale properly executed on behalf of the

 

 

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1    purchaser;
2        (4) a copy of the Uniform Invoice-transaction
3    reporting return form referred to in Section 5-402; and
4        (5) for a new manufactured home, a warranty, and in the
5    case of a manufactured home for which the warranty has been
6    reinstated, a copy of the warranty.
7    (i) This Section shall not apply to a seller who privately
8owns his or her manufactured home as his or her main residence
9and is selling the manufactured home to another individual or
10to a licensee.
11    (j) This section shall not apply to any person licensed
12under the Real Estate License Act of 2000.
13    (k) The Secretary of State may adopt any rules necessary to
14implement this Section.