Full Text of SB1641 99th General Assembly
SB1641eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Salary and Annuity Withholding Act is | 5 | | amended by changing Sections 4 and 8 as follows:
| 6 | | (5 ILCS 365/4) (from Ch. 127, par. 354)
| 7 | | Sec. 4. Authorization of withholding. An employee or | 8 | | annuitant may
authorize the withholding of a portion of his | 9 | | salary, wages, or annuity for any
one or more of the following | 10 | | purposes:
| 11 | | (1) for purchase of United States Savings Bonds;
| 12 | | (2) for payment of premiums on life or accident and | 13 | | health insurance
as defined in Section 4 of the "Illinois | 14 | | Insurance Code", approved June
29, 1937, as amended, and | 15 | | for payment of premiums on policies of
automobile insurance | 16 | | as defined in Section 143.13 of the "Illinois
Insurance | 17 | | Code", as amended, and the personal multiperil coverages | 18 | | commonly
known as homeowner's insurance. However, no | 19 | | portion of salaries, wages or
annuities may be withheld to | 20 | | pay premiums on automobile, homeowner's,
life or accident | 21 | | and health insurance policies issued by any one insurance
| 22 | | company or insurance service company unless a minimum of | 23 | | 100 employees or
annuitants insured by that company |
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| 1 | | authorize the withholding by an Office
within 6 months | 2 | | after such withholding begins. If such minimum is not
| 3 | | satisfied the Office may discontinue withholding for such | 4 | | company. For any
insurance company or insurance service | 5 | | company which has not previously had
withholding, the | 6 | | Office may allow withholding for premiums, where less than
| 7 | | 100 policies have been written, to cover a probationary | 8 | | period. An
insurance company which has discontinued | 9 | | withholding may reinstate it upon
presentation of facts | 10 | | indicating new management or re-organization
satisfactory | 11 | | to the Office;
| 12 | | (3) for payment to any labor organization designated by | 13 | | the
employee;
| 14 | | (4) for payment of dues to any association the | 15 | | membership of which
consists of State employees and former | 16 | | State employees;
| 17 | | (5) for deposit in any credit union, in which State | 18 | | employees are within
the field of membership as a result of | 19 | | their employment;
| 20 | | (6) for payment to or for the benefit of an institution | 21 | | of higher
education by an employee of that institution;
| 22 | | (7) for payment of parking fees at the underground | 23 | | facility located
south of the William G. Stratton State | 24 | | Office Building in Springfield, the
parking ramp located at | 25 | | 401 South College Street, west of the William G.
Stratton | 26 | | State Office Building in Springfield, or
at the parking |
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| 1 | | facilities located on the Urbana-Champaign campus of the
| 2 | | University of Illinois;
| 3 | | (8) for voluntary payment to the State of Illinois of | 4 | | amounts then due
and payable to the State;
| 5 | | (9) for investment purchases made as a participant in | 6 | | College Savings
Programs established pursuant to Section | 7 | | 30-15.8a of the School Code;
| 8 | | (10) for voluntary payment to the Illinois Department | 9 | | of Revenue of
amounts due or to become due under the | 10 | | Illinois Income Tax Act;
| 11 | | (11) for payment of optional contributions to a | 12 | | retirement system
subject to the provisions of the Illinois | 13 | | Pension Code;
| 14 | | (12) for contributions to organizations found | 15 | | qualified by the
State Comptroller under the requirements | 16 | | set forth in the Voluntary Payroll
Deductions Act of 1983;
| 17 | | (13) for payment of fringe benefit contributions to | 18 | | employee benefit trust funds (whether such employee | 19 | | benefit trust funds are governed by the Employee Retirement | 20 | | Income Security Act of 1974, as amended, 29 U.S.C. §1001 et | 21 | | seq. or not) for State contractual employees hired through | 22 | | labor organizations and working pursuant to a signed | 23 | | agreement between a labor organization and a State agency, | 24 | | whether subject to the Illinois Prevailing Wage Act or not; | 25 | | this item (13) is not intended to limit employee benefit | 26 | | trust funds and the contributions to be made thereto to be |
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| 1 | | limited to those which are encompassed for purposes of | 2 | | computing the prevailing wage in any particular locale, but | 3 | | rather such employee benefit trusts are intended to include | 4 | | contributions to be made to such funds that are intended to | 5 | | assist in training, building and maintenance, industry | 6 | | advancement, and the like, including but not limited to | 7 | | those benefit trust funds such as pension and welfare that | 8 | | are normally computed in the prevailing wage rates and | 9 | | which otherwise would be subject to contribution | 10 | | obligations by private employers that are signatory to | 11 | | agreements with labor organizations; | 12 | | (14) for voluntary payment as part of the Illinois | 13 | | Gives Initiative under Section 26 of the State Comptroller | 14 | | Act ; or .
| 15 | | (15) for payment of parking fees at the underground | 16 | | facility located south of the William G. Stratton State | 17 | | Office Building in Springfield or the parking ramp located | 18 | | at 401 South College Street, west of the William G. | 19 | | Stratton State Office Building in Springfield. | 20 | | (Source: P.A. 98-700, eff. 7-7-14.)
| 21 | | (5 ILCS 365/8) (from Ch. 127, par. 358)
| 22 | | Sec. 8. Payment of certain amounts withheld.
| 23 | | (a) If a withholding authorization is for the purpose of | 24 | | payment of
insurance premiums or for payment to a labor union, | 25 | | each Office shall make
payments, as soon as payroll warrants |
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| 1 | | are prepared and verified, on behalf
of the employee or | 2 | | annuitant to the payee named in the authorization the
amount | 3 | | specified in the authorization. Such payments shall be made by | 4 | | warrants
prepared at the time the payroll is processed.
| 5 | | (b) If a withholding authorization is for the purpose of | 6 | | purchasing
United States Savings Bonds, each Office, whenever a | 7 | | sufficient sum has
accumulated in the employee's account to | 8 | | purchase a bond of the denomination
directed by the employee in | 9 | | his authorization, shall purchase such a United
States Savings | 10 | | Bond in the name designated by the employee and deliver it to
| 11 | | the employee.
| 12 | | (c) If a withholding authorization is for the purpose of | 13 | | payment of
parking fees pursuant to paragraph 7 of Section 4, | 14 | | the State Comptroller shall
deposit 80% of the amount withheld | 15 | | in the Capital Development Bond Retirement
and Interest Fund in | 16 | | the State Treasury and 20% of the amount withheld in the
State | 17 | | Parking Facility Maintenance Fund in the State Treasury.
| 18 | | (d) If a withholding authorization is for the purpose of | 19 | | payment of
amounts due or to become due under the Illinois | 20 | | Income Tax Act, the Office
shall pay the amounts withheld | 21 | | without delay directly to the Department of
Revenue or to a | 22 | | depositary designated by the Department of Revenue.
| 23 | | (e) If a withholding authorization is for the purpose of | 24 | | payment of parking fees under paragraph (15) of Section 4 of | 25 | | this Act, the State Comptroller shall deposit the entire amount | 26 | | withheld in the State Parking Facility Maintenance Fund in the |
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| 1 | | State treasury. | 2 | | (Source: P.A. 90-448, eff. 8-16-97.)
| 3 | | Section 10. The State Finance Act is amended by changing | 4 | | Section 6z-23 as follows:
| 5 | | (30 ILCS 105/6z-23) (from Ch. 127, par. 142z-23)
| 6 | | Sec. 6z-23.
All monies received by the Secretary of State | 7 | | pursuant to
paragraph (f) of Section 2-119 or subsection (d) | 8 | | (b) of Section 3-113 of the Illinois Vehicle Code
shall be | 9 | | deposited in the CDLIS/AAMVAnet/NMVTIS Trust Fund. The money in | 10 | | this Fund
shall only be used by the Secretary of State to pay | 11 | | for (1) the enrollment
of commercial drivers into the | 12 | | Commercial Driver License Information System
(CDLIS), (2) | 13 | | network charges assessed Illinois by AAMVAnet,
Inc., for motor | 14 | | vehicle and driver records data and information, (3)
expenses | 15 | | (limited to equipment, maintenance, and software)
related to | 16 | | the testing of applicants for commercial driver's licenses, and | 17 | | (4) expenses related to participation in the National Motor | 18 | | Vehicle Title Information Service , and (5) any expenses related | 19 | | to vehicle registration or titling .
| 20 | | (Source: P.A. 98-177, eff. 1-1-14.)
| 21 | | Section 15. The Illinois Vehicle Code is amended by | 22 | | changing Sections 3-638, 3-808.1, and 11-1304.5 as follows:
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| 1 | | (625 ILCS 5/3-638)
| 2 | | Sec. 3-638. U.S. Veteran License Plates. | 3 | | (a) In addition to any other special license plate, the | 4 | | Secretary, upon
receipt of all applicable fees and applications | 5 | | made in the form prescribed by
the Secretary of State, may | 6 | | issue U.S. Veteran license plates to residents of
Illinois who | 7 | | meet eligibility requirements prescribed by the Secretary of
| 8 | | State. The special U.S. Veteran plate issued under this Section | 9 | | shall be
affixed only to passenger vehicles of the first | 10 | | division, motorcycles, and
motor vehicles of the second | 11 | | division weighing not more than 8,000 pounds.
Plates issued | 12 | | under this Section shall expire according to the staggered
| 13 | | multi-year procedure established by Section 3-414.1 of this | 14 | | Code.
| 15 | | (b) The design, color, and format of the plates shall be | 16 | | wholly
within the discretion of the Secretary of State. The | 17 | | Secretary may, in his or
her discretion, allow the plates to be | 18 | | issued as vanity plates or personalized
in accordance with | 19 | | Section 3-405.1 of this Code. The plates are not required
to | 20 | | designate "Land Of Lincoln", as prescribed in subsection (b) of | 21 | | Section
3-412 of this Code. The Secretary shall prescribe the | 22 | | eligibility requirements
and, in his or her discretion, shall | 23 | | approve and prescribe stickers or decals
as provided under | 24 | | Section 3-412.
| 25 | | (c) (Blank).
| 26 | | (d) A charitable organization deemed eligible by the |
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| 1 | | Secretary of State shall design decals to be affixed on plates | 2 | | issued under this Section. The decals shall designate the | 3 | | applicant's branch of service, theater of action, or both. The | 4 | | Secretary may prescribe rules governing the requirements and | 5 | | approval of charitable decals. | 6 | | (e) The charitable organization authorized to design | 7 | | decals under subsection (d) of this Section may establish a fee | 8 | | for the purchase of charitable decals and shall report by July | 9 | | 31 of each year to the Secretary of State Vehicle Services | 10 | | Department the sticker fee, the number of charitable decals | 11 | | sold, the total revenue received from the sale of charitable | 12 | | decals during the previous fiscal year, and any other | 13 | | information deemed necessary by the Secretary of State. | 14 | | (Source: P.A. 96-1409, eff. 1-1-11.)
| 15 | | (625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1)
| 16 | | Sec. 3-808.1. (a) Permanent vehicle registration plates | 17 | | shall be issued,
at no charge, to the following:
| 18 | | 1. Vehicles, other than medical transport vehicles, | 19 | | owned and operated
by the State of Illinois or by any State
| 20 | | agency financed by funds appropriated by the General | 21 | | Assembly;
| 22 | | 2. Special disability plates issued to vehicles owned | 23 | | and
operated by the State of Illinois or by any State | 24 | | agency financed by funds
appropriated by the General | 25 | | Assembly.
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| 1 | | (b) Permanent vehicle registration plates shall be issued, | 2 | | for a one time
fee of $8.00, to the following:
| 3 | | 1. Vehicles, other than medical transport vehicles, | 4 | | operated by or
for any county, township or municipal | 5 | | corporation.
| 6 | | 2. Vehicles owned by counties, townships or municipal | 7 | | corporations for
persons with disabilities.
| 8 | | 3. Beginning with the 1991 registration year, | 9 | | county-owned vehicles
operated by or for any county sheriff | 10 | | and designated deputy sheriffs. These
registration plates | 11 | | shall contain the specific county code and unit number.
| 12 | | 4. All-terrain vehicles owned by counties, townships, | 13 | | or municipal
corporations and used for law enforcement | 14 | | purposes when the Manufacturer's
Statement of Origin is | 15 | | accompanied with a letter from the original manufacturer
or | 16 | | a manufacturer's franchised dealer stating that this | 17 | | all-terrain vehicle
has been
converted to a street worthy | 18 | | vehicle that meets the equipment requirements set
forth in | 19 | | Chapter 12 of this Code.
| 20 | | 5. Beginning with the 2001 registration year, | 21 | | municipally-owned vehicles
operated by or for any police | 22 | | department. These registration plates shall
contain the | 23 | | designation "municipal police" and shall be numbered and
| 24 | | distributed as prescribed by the Secretary of State.
| 25 | | 6. Beginning with the 2014 registration year, | 26 | | municipally owned, fire district owned, or Mutual Aid Box |
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| 1 | | Alarm System (MABAS) owned vehicles operated by or for any | 2 | | fire department, fire protection district, or MABAS. These | 3 | | registration plates shall display the designation "Fire | 4 | | Department" and shall display the specific fire | 5 | | department, fire district, fire unit, or MABAS division | 6 | | number or letter. | 7 | | (b-5) Beginning with the 2016 registration year, permanent | 8 | | vehicle registration plates shall be issued for a one-time fee | 9 | | of $8.00 to a county, township, or municipal corporation that | 10 | | owns or operates vehicles used for the purpose of community | 11 | | workplace commuting as defined by the Secretary of State by | 12 | | administrative rule. The design and color of the plates shall | 13 | | be wholly within the discretion of the Secretary. The Secretary | 14 | | of State may adopt rules to implement this subsection (b-5). | 15 | | (c) Beginning with the 2012 registration year, | 16 | | county-owned vehicles
operated by or for any county sheriff and | 17 | | designated deputy sheriffs that have been issued registration | 18 | | plates under subsection (b) of this Section shall be exempt | 19 | | from any fee for the transfer of registration from one vehicle | 20 | | to another vehicle. Each county sheriff shall report to the | 21 | | Secretary of State any transfer of registration plates from one | 22 | | vehicle to another vehicle operated by or for any county | 23 | | sheriff and designated deputy sheriffs. The Secretary of State | 24 | | shall adopt rules to implement this subsection (c). | 25 | | (c-5) Beginning with the 2014 registration year, | 26 | | municipally owned, fire district owned, or Mutual Aid Box Alarm |
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| 1 | | System (MABAS) owned vehicles operated by or for any fire | 2 | | department, fire protection district, or MABAS that have been | 3 | | issued registration plates under subsection (b) of this Section | 4 | | shall be exempt from any fee for the transfer of registration | 5 | | from one vehicle to another vehicle. Each fire department, fire | 6 | | protection district, of MABAS shall report to the Secretary of | 7 | | State any transfer of registration plates from one vehicle to | 8 | | another vehicle operated by or for any fire department, fire | 9 | | protection district, or MABAS. The Secretary of State shall | 10 | | adopt rules to implement this subsection. | 11 | | (d) Beginning with the 2013 registration year, | 12 | | municipally-owned vehicles
operated by or for any police | 13 | | department that have been issued registration plates under | 14 | | subsection (b) of this Section shall be exempt from any fee for | 15 | | the transfer of registration from one vehicle to another | 16 | | vehicle. Each municipal police department shall report to the | 17 | | Secretary of State any transfer of registration plates from one | 18 | | vehicle to another vehicle operated by or for any municipal | 19 | | police department. The Secretary of State shall adopt rules to | 20 | | implement this subsection (d). | 21 | | (e) Beginning with the 2016 registration year, any vehicle | 22 | | owned or operated by a county, township, or municipal | 23 | | corporation that has been issued registration plates under this | 24 | | Section is exempt from any fee for the transfer of registration | 25 | | from one vehicle to another vehicle. Each county, township, or | 26 | | municipal corporation shall report to the Secretary of State |
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| 1 | | any transfer of registration plates from one vehicle to another | 2 | | vehicle operated by or for any county, township, or municipal | 3 | | corporation. | 4 | | (Source: P.A. 97-430, eff. 1-1-12; 97-794, eff. 1-1-13; 98-436, | 5 | | eff. 1-1-14; 98-1074, eff. 1-1-15 .)
| 6 | | (625 ILCS 5/11-1304.5)
| 7 | | Sec. 11-1304.5. Parking of vehicle with expired | 8 | | registration. No
person may stop, park, or leave standing upon | 9 | | a public street, highway, or
roadway a vehicle upon
which is
| 10 | | displayed an Illinois registration plate or plates or | 11 | | registration sticker
after the termination of
the registration
| 12 | | period , except as provided for in subsection (b) of Section | 13 | | 3-701 of this Code, for which the registration plate or plates | 14 | | or registration sticker was
issued or after the
expiration date | 15 | | set under
Section 3-414 or 3-414.1 of this Code.
| 16 | | (Source: P.A. 91-487, eff. 1-1-00.)
| 17 | | Section 20. The Conveyance and Encumbrance of Manufactured | 18 | | Homes as Real Property and Severance Act is amended by changing | 19 | | Section 5-15 as follows: | 20 | | (765 ILCS 170/5-15)
| 21 | | Sec. 5-15. Affidavit of affixation. | 22 | | (a) An affidavit of affixation shall contain or be | 23 | | accompanied by: |
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| 1 | | (1) the name of the manufacturer, the make, the model | 2 | | name, the model year, the dimensions, and the | 3 | | manufacturer's serial number or numbers of the | 4 | | manufactured home, and whether the manufactured home is new | 5 | | or used; | 6 | | (2)(A) a statement that the party executing the | 7 | | affidavit is the owner of the real property described | 8 | | therein or (B) if the party executing the affidavit is not | 9 | | the owner of the real property, (1) a statement that the | 10 | | manufactured home is not located in a mobile home park as | 11 | | defined in Section 2.5 of the Mobile Home Park Act and that | 12 | | the party executing the affidavit is in possession of the | 13 | | real property pursuant to the terms of a lease in | 14 | | recordable form that has a term that continues for at least | 15 | | 20 years after the date of execution of the affidavit and | 16 | | (2) the consent of the lessor of the real property, | 17 | | endorsed upon or attached to the affidavit and acknowledged | 18 | | or proved in the manner as to entitle a conveyance to be | 19 | | recorded; | 20 | | (3) the street address and the legal description of the | 21 | | real property to which the manufactured home is or shall be | 22 | | affixed; and | 23 | | (4) as applicable: | 24 | | (A) if the manufactured home is not covered by a | 25 | | certificate of title, including, if applicable, a | 26 | | certificate of title issued in accordance with |
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| 1 | | subsection (b) of Section 3-109 of the Illinois Vehicle | 2 | | Code, a statement by the owner to that effect, and | 3 | | (i) a statement by the owner of the | 4 | | manufactured home that the manufactured home is | 5 | | covered by a Manufacturer's Statement of Origin, | 6 | | the date the Manufacturer's Statement of Origin | 7 | | was issued, and the manufacturer's serial number | 8 | | or numbers of the manufactured home; and | 9 | | (ii) a statement that annexed to the affidavit | 10 | | of affixation is a copy of the the original | 11 | | Manufacturer's Statement of Origin for the | 12 | | manufactured home, duly endorsed to the owner of | 13 | | the manufactured home, and that the owner of the | 14 | | manufactured home shall surrender the original | 15 | | Manufacturer's Statement of Origin to the | 16 | | Secretary of State ; or | 17 | | (B) if the manufactured home is covered by a | 18 | | certificate of title, including, if applicable, a | 19 | | certificate of title issued in accordance with | 20 | | subsection (b) of Section 3-109 of the Illinois Vehicle | 21 | | Code, a statement by the owner of the manufactured home | 22 | | that the manufactured home is covered by a certificate | 23 | | of title, the date the title was issued, the title | 24 | | number, and that the owner of the manufactured home | 25 | | shall surrender the title to the Secretary of State ; | 26 | | (5) a statement whether or not the manufactured home is |
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| 1 | | subject to one or more security interests or liens, and | 2 | | (A) if the manufactured home is subject to one or | 3 | | more security interests or liens, the name and address | 4 | | of each party holding a security interest in or lien on | 5 | | the manufactured home, including but not limited to, | 6 | | each holder shown on any certificate of title issued by | 7 | | the Secretary of State, if any, the original principal | 8 | | amount secured by each security interest or lien; and a | 9 | | statement that the security interest or lien shall be | 10 | | released; or | 11 | | (B) a statement that each security interest in or | 12 | | lien on the manufactured home, if any, has been | 13 | | released, together with due proof of each such release; | 14 | | (6) a statement that the manufactured home is or shall | 15 | | be affixed to a permanent foundation; | 16 | | (7) the name and address of a person designated for | 17 | | filing the certified copy of the affidavit of affixation | 18 | | with the Secretary of State, to whom the recording officer | 19 | | shall return the certified copy of the affidavit of | 20 | | affixation after it has been duly recorded in the real | 21 | | property records, as provided in Section 5-25 of this Act; | 22 | | and | 23 | | (8) the certification of a certified residential real | 24 | | estate appraiser, a certified general real estate | 25 | | appraiser, a licensed manufactured home installer, or a | 26 | | licensed professional engineer, as provided in Section 5-5 |
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| 1 | | of this Act. | 2 | | (b) An affidavit of affixation shall be in the form set | 3 | | forth in this Section, duly acknowledged or proved in like | 4 | | manner as to entitle a conveyance to be recorded, and when so | 5 | | acknowledged or proved and upon payment of the lawful fees | 6 | | therefor, the recording officer shall immediately cause the | 7 | | affidavit of affixation and any attachments thereto to be duly | 8 | | recorded and indexed in the record of deeds. | 9 | | (c) An affidavit of affixation shall be in the form set | 10 | | forth below: | 11 | | MANUFACTURED HOME | 12 | | AFFIDAVIT OF AFFIXATION | 13 | | STATE OF ........................) | 14 | | )SS. | 15 | | COUNTY OF .......................) | 16 | | BEFORE ME, the undersigned Notary Public, on this day | 17 | | personally appeared ......................... (type the | 18 | | name(s) of each person signing this Affidavit) known to me to | 19 | | be the person(s) whose name(s) is/are subscribed below (each a | 20 | | "Homeowner"), and who, being by me first duly sworn, did each | 21 | | on his or her oath state as follows: | 22 | | 1. Homeowner owns the manufactured home ("Home") described as | 23 | | follows: |
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| 1 | | ..................................................... | 2 | | .............................. | 3 | | (Year; Manufacturer's Name; Manufacturer's Serial No(s).) | 4 | | 2. The street address of the real property to which the Home is | 5 | | or shall be permanently affixed ("Property Address") is: | 6 | | ............................................................. | 7 | | (Street or Route; City; County; State; Zip Code) | 8 | | 3. The legal description of the real property to which the Home | 9 | | is or shall be affixed ("Land") is: | 10 | | .......................... | 11 | | .............................. | 12 | | .............................. | 13 | | .............................. | 14 | | 4. Homeowner is the owner of the Land or, if not the owner of | 15 | | the Land, the Home is not located in a mobile home park, as | 16 | | defined in Section 2.5 of the Mobile Home Park Act, and | 17 | | Homeowner is in possession of the Land pursuant to a lease | 18 | | in recordable form that has a term that continues for at | 19 | | least 20 years after the date of the execution of this | 20 | | Affidavit, and the consent of the lessor is attached to | 21 | | this Affidavit. | 22 | | 5. The Home is or shall be assessed and taxed as an improvement |
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| 1 | | to the Land. | 2 | | 6. As of the date of the execution of this Affidavit, or, if | 3 | | the Home is not yet located at the Property Address, upon | 4 | | the delivery of the Home to the Property Address: | 5 | | (a) The Home [ ] is [ ] shall be affixed to a permanent | 6 | | foundation as defined in Section 5-5 of the Conveyance and | 7 | | Encumbrance of Manufactured Homes as Real Property and | 8 | | Severance Act; | 9 | | (b) The wheels, axles, towbar, or hitch were removed when | 10 | | the Home was placed on the Property Address; and | 11 | | 7. The Home [ ] was [ ] was not permanently affixed before | 12 | | January 1, 2011. | 13 | | 8. If Homeowner is the owner of the Land, any conveyance or | 14 | | financing of the Home and the Land shall be a single | 15 | | transaction under applicable State law. | 16 | | 9. The Home is subject to the following security interests or | 17 | | liens: | 18 | | Name of Lienholder: ................ | 19 | | Address: .................................................... | 20 | | Name of Lienholder: ................ | 21 | | Address: .................................................... | 22 | | 10. Other than those disclosed in this Affidavit, Homeowner is | 23 | | not aware of (i) any other security interest, claim, lien, |
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| 1 | | or encumbrance affecting the Home or (ii) any other facts | 2 | | or information that could reasonably affect the validity of | 3 | | the title of the Home or the existence or non-existence of | 4 | | security interests in it. | 5 | | 11. A release of lien from each of the lienholders identified | 6 | | in paragraph 11 of this Affidavit [] has been [] shall be | 7 | | delivered to the Secretary of State. | 8 | | 12. Homeowner shall initial only one of the following, as it | 9 | | applies to the Home: | 10 | | [] The Home is not covered by a certificate of title. The | 11 | | Home is covered by a Manufacturer's Statement of Origin, issued | 12 | | on the ...... of .........., ....., manufacturer's serial | 13 | | number ........................, which Homeowner shall | 14 | | surrender to the Secretary of State . A copy of the The original | 15 | | Manufacturer's Statement of Origin, duly endorsed to | 16 | | Homeowner, is attached to this Affidavit. | 17 | | [] The Home is covered by a certificate of title issued on | 18 | | the ....... day of .........., ......, title number | 19 | | ........................, which Homeowner shall surrender to | 20 | | the Secretary of State . | 21 | | 13. Homeowner designates the following person to file a | 22 | | certified copy of this Affidavit with the Secretary of | 23 | | State, and the person to whom the Recorder shall return a | 24 | | certified copy of this Affidavit after it has been duly | 25 | | recorded in the real property records: | 26 | | Name: .............................................. |
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| 1 | | Address: ................................................ | 2 | | 14. This Affidavit is executed by Homeowner pursuant to Section | 3 | | 5-15 of the Conveyance and Encumbrance of Manufactured | 4 | | Homes as Real Property and Severance Act. | 5 | | 15. The certification, pursuant to Section 5-5 of the | 6 | | Conveyance and Encumbrance of Manufactured Homes as Real | 7 | | Property and Severance Act, of a certified residential real | 8 | | estate appraiser, a certified general real estate | 9 | | appraiser, a licensed manufactured home installer, or a | 10 | | licensed professional engineer that the home is affixed to | 11 | | a permanent foundation is attached to this Affidavit. | 12 | | IN WITNESS WHEREOF, Homeowner(s) has/have executed this | 13 | | Affidavit in my presence and in the presence of the undersigned | 14 | | witnesses on this ...... day of ......, ......
| 15 | | ...........................(SEAL) .......................... | 16 | | Homeowner #1 Witness | 17 | | ........................... | 18 | | Printed Name | 19 | | ...........................(SEAL) .......................... | 20 | | Homeowner #2 Witness | 21 | | ........................... | 22 | | Printed Name |
| | | SB1641 Engrossed | - 21 - | LRB099 07957 RJF 28097 b |
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| 1 | | ...........................(SEAL) .......................... | 2 | | Homeowner #3 Witness | 3 | | ........................... | 4 | | Printed Name | 5 | | ...........................(SEAL) .......................... | 6 | | Homeowner #4 Witness | 7 | | ........................... | 8 | | Printed Name | 9 | | STATE OF .........................) | 10 | | ) SS. | 11 | | COUNTY OF ........................) | 12 | | The foregoing instrument was acknowledged before me this | 13 | | (date) by (name(s) of person(s) who acknowledged). | 14 | | .......................... Notary Public | 15 | | Signature | 16 | | My commission expires: ................... | 17 | | Official Seal: | 18 | | ATTENTION RECORDER: This instrument covers goods that are | 19 | | or are to become fixtures on the Property described herein and |
| | | SB1641 Engrossed | - 22 - | LRB099 07957 RJF 28097 b |
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| 1 | | is to be filed for record in the records where conveyances of | 2 | | real estate are recorded.
| 3 | | (Source: P.A. 98-749, eff. 7-16-14.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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