Full Text of SB0574 102nd General Assembly
SB0574ham001 102ND GENERAL ASSEMBLY | Rep. Andrew S. Chesney Filed: 5/12/2021
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| 1 | | AMENDMENT TO SENATE BILL 574
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 574 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by adding | 5 | | Article IX to Chapter 5 as follows: | 6 | | (625 ILCS 5/Ch. 5 Art. IX heading new) | 7 | | ARTICLE IX. MANUFACTURED HOME DEALERS | 8 | | (625 ILCS 5/5-901 new) | 9 | | Sec. 5-901. Regulation of manufactured home dealers. | 10 | | (a) As used in this Article: | 11 | | "Established place of business" means the place owned or | 12 | | leased and occupied by any person duly licensed or required to | 13 | | be licensed as a manufactured home dealer for the purpose of | 14 | | engaging in selling, buying, bartering, displaying, | 15 | | exchanging, or dealing in, on consignment or otherwise, |
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| 1 | | manufactured homes and for such other ancillary purposes as | 2 | | may be permitted by the Secretary by rule. | 3 | | "Manufactured home" means a factory-assembled structure | 4 | | built on a permanent chassis, transportable in one or more | 5 | | sections in the travel mode, incapable of self-propulsion, | 6 | | bears a label indicating the manufacturer's compliance with | 7 | | the United States Department of Housing and Urban Development | 8 | | standards, as applicable, and is designed for year-round | 9 | | occupancy as a single-family residence when connected to | 10 | | approved water, sewer, and electrical utilities. | 11 | | "Manufactured home dealer" means: (1) an individual or | 12 | | entity that engages in the business of acquiring or disposing | 13 | | of new or used manufactured homes; (2) an individual or entity | 14 | | who advertises or otherwise holds the individual or the entity | 15 | | out as being engaged in the business of acquiring or selling | 16 | | new or used manufactured homes; or (3) an individual or entity | 17 | | who buys or sells more than 2 new or used manufactured homes | 18 | | within a 12-month period. | 19 | | (b) No person shall engage in this State in the business of | 20 | | selling or dealing in, on consignment or otherwise, | 21 | | manufactured homes of any make, or act as an intermediary, | 22 | | agent, or broker for any manufactured home purchaser, other | 23 | | than as a salesperson, or to represent or advertise that he or | 24 | | she is so engaged, or intends to so engage, in the business, | 25 | | unless licensed to do so by the Secretary of State under this | 26 | | Section. |
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| 1 | | (c) An application for a manufactured home dealer's | 2 | | license shall be filed with the Secretary of State Vehicle | 3 | | Services Department and duly verified by oath, on such form as | 4 | | the Secretary of State may prescribe, and shall contain all of | 5 | | the following: | 6 | | (1) The name and type of business organization of the | 7 | | applicant, and his or her established place of business in | 8 | | this State. | 9 | | (2) If the applicant is a corporation, a list of its | 10 | | officers, directors, and shareholders having a 10% or | 11 | | greater ownership interest in the corporation. If the | 12 | | applicant is a sole proprietorship, a partnership, a | 13 | | limited liability company, an unincorporated association, | 14 | | a trust, or any similar form of business organization, the | 15 | | name and residence address of the proprietor, or the name | 16 | | and residence address of each partner, member, officer, | 17 | | director, trustee, or manager. | 18 | | (3) A statement that the applicant has been approved | 19 | | for registration under the Retailers' Occupation Tax Act | 20 | | by the Department of Revenue, except that this requirement | 21 | | does not apply to a manufactured home dealer who is | 22 | | already licensed with the Secretary of State, and who is | 23 | | only applying for a renewal of his or her license. As | 24 | | evidence of this fact, the application shall be | 25 | | accompanied by a certification from the Department of | 26 | | Revenue showing that the Department has approved the |
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| 1 | | applicant for registration under the Retailers' Occupation | 2 | | Tax Act. | 3 | | (4) An application for a manufactured home dealer's | 4 | | license shall be accompanied by a $1,000 license fee for | 5 | | the applicant's established place of business. If the | 6 | | application is made after June 15 of any year, the license | 7 | | fee shall be $500 for the applicant's established place of | 8 | | business. License fees shall be returnable only if the | 9 | | application is denied by the Secretary of State. | 10 | | Of the money received by the Secretary of State as | 11 | | license fees under this paragraph (4), 95% shall be | 12 | | deposited into the General Revenue Fund and 5% into the | 13 | | Motor Vehicle License Plate Fund. | 14 | | (5) A statement that no officer, director, shareholder | 15 | | having a 10% or greater ownership interest, proprietor, | 16 | | partner, member, officer, director, trustee, manager, or | 17 | | other principal in the business of the applicant has | 18 | | committed in the past 3 years any violation, as determined | 19 | | in any civil, criminal, or administrative hearing | 20 | | proceeding, of any one of the following Acts: | 21 | | (A) the Anti-Theft Laws of this Code; | 22 | | (B) the Certificate of Title Laws of this Code; | 23 | | (C) the Offenses against Registration and | 24 | | Certificates of Title Laws of this Code; | 25 | | (D) the Dealers, Transporters, Wreckers, and | 26 | | Rebuilders Laws of this Code; |
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| 1 | | (E) Section 21-2 of the Criminal Code of 2012, | 2 | | criminal trespass to vehicles; | 3 | | (F) the Retailers' Occupation Tax Act; | 4 | | (G) the Consumer Installment Loan Act; | 5 | | (H) the Retail Installment Sales Act; | 6 | | (I) the Interest Act; | 7 | | (J) the Illinois Wage Assignment Act; | 8 | | (K) Part 8 of Article XII of the Code of Civil | 9 | | Procedure; or | 10 | | (L) the Consumer Fraud and Deceptive Business | 11 | | Practices Act. | 12 | | (6) A bond or certificate of deposit in the amount of | 13 | | $150,000 for each license holder applicant intending to | 14 | | act as a manufactured home dealer under this Section. The | 15 | | bond shall be for the term of the license for which | 16 | | application is made and shall expire not sooner than | 17 | | December 31st of the year for which the license was | 18 | | issued. The bond shall run to the People of the State of | 19 | | Illinois and to customers asserting financial claims | 20 | | against the dealer, with surety by a bonding or insurance | 21 | | company authorized to do business in this State. It shall | 22 | | be conditioned upon the proper transmittal of all title | 23 | | and registration fees and taxes (excluding taxes under the | 24 | | Retailers' Occupation Tax Act) accepted by the applicant | 25 | | as a manufactured home dealer, and the execution of all of | 26 | | the dealer's obligations to the customer, including |
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| 1 | | financial duties related to the acceptance and | 2 | | disbursement of any funds paid to the dealer by the | 3 | | customer, or the failure to convey possession or ownership | 4 | | documents of a manufactured home. | 5 | | (7) Dealers in business for over 10 years may | 6 | | substitute a certificate of insurance in lieu of the bond | 7 | | or certificate of deposit upon renewing their license. | 8 | | (8) Any other information concerning the business of | 9 | | the applicant as the Secretary of State may by rule | 10 | | prescribe. | 11 | | (d) Any change that renders no longer accurate any | 12 | | information contained in any application for a license under | 13 | | this Section shall be amended within 30 days after the | 14 | | occurrence of the change on a form the Secretary of State may | 15 | | prescribe, by rule, accompanied by an amendatory fee of $25. | 16 | | (e) The Secretary of State shall, within a reasonable time | 17 | | after receipt, examine an application submitted under this | 18 | | Section, and unless the Secretary makes a determination that | 19 | | the application submitted does not conform with the | 20 | | requirements of this Section or that grounds exist for a | 21 | | denial of the application under subsection (f), grant the | 22 | | applicant an initial manufactured home dealer's license in | 23 | | writing for the established place of business of the applicant | 24 | | in a form the Secretary may prescribe by rule, which shall | 25 | | include the following: | 26 | | (1) the name of the person or entity licensed; |
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| 1 | | (2) if a corporation, the name and address of its | 2 | | officers; if a sole proprietorship, a partnership, an | 3 | | unincorporated association, or any similar form of | 4 | | business organization, the name and address of the | 5 | | proprietor, or the name and address of each partner, | 6 | | member, officer, director, trustee or manager; or if a | 7 | | limited liability company, the name and address of the | 8 | | general partner or partners, or managing member or | 9 | | members; and | 10 | | (3) the established place of business of the licensee. | 11 | | (f) A license issued under this Section may be denied, | 12 | | revoked, or suspended if the Secretary of State finds that the | 13 | | applicant, or the officer, director, shareholder having a 10% | 14 | | or greater ownership interest in the corporation, owner, | 15 | | partner, trustee, manager, employee or the licensee has: | 16 | | (1) violated this Section; | 17 | | (2) made any material misrepresentation to the | 18 | | Secretary of State in connection with an application for a | 19 | | license, title, or registration; | 20 | | (3) committed a fraudulent act in connection with | 21 | | selling, bartering, exchanging, offering for sale, or | 22 | | otherwise dealing in manufactured homes; | 23 | | (4) not maintained an established place of business as | 24 | | defined in this Section; | 25 | | (5) failed to file or produce to the Secretary of | 26 | | State any application, report, document, or other |
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| 1 | | pertinent books, records, documents, letters, contracts | 2 | | required to be filed or produced under this Section or any | 3 | | rule adopted by the Secretary of State pursuant to this | 4 | | Section; | 5 | | (6) failed to pay any fees or taxes due under this | 6 | | Code, or has failed to transmit any fees or taxes received | 7 | | by him or her for transmittal by him or her to the | 8 | | Secretary of State or the State of Illinois; | 9 | | (7) failed to transfer title to a manufactured home | 10 | | when legally required to do so; or | 11 | | (8) violated any of the following: | 12 | | (A) the Anti-Theft Laws of this Code; | 13 | | (B) the Certificate of Title Laws of this Code; | 14 | | (C) the Offenses against Registration and | 15 | | Certificates of Title Laws of this Code; | 16 | | (D) the Dealers, Transporters, Wreckers, and | 17 | | Rebuilders Laws of this Code; | 18 | | (E) Section 21-2 of the Criminal Code of 2012, | 19 | | criminal trespass to vehicles; | 20 | | (F) the Retailers' Occupation Tax Act; | 21 | | (G) the Consumer Installment Loan Act; | 22 | | (H) the Retail Installment Sales Act; | 23 | | (I) the Interest Act; | 24 | | (J) the Illinois Wage Assignment Act; | 25 | | (K) Part 8 of Article XII of the Code of Civil | 26 | | Procedure; or |
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| 1 | | (L) the Consumer Fraud and Deceptive Business | 2 | | Practices Act. | 3 | | (g) In addition to other grounds specified in this | 4 | | Section, the Secretary of State, on complaint of the | 5 | | Department of Revenue, shall refuse the issuance or renewal of | 6 | | a license, or suspend or revoke such a license, for any of the | 7 | | following violations of the Retailers' Occupation Tax Act, the | 8 | | tax imposed on corporations under subsection (b) of Section | 9 | | 201 of the Illinois Income Tax Act, the Personal Property Tax | 10 | | Replacement Income Tax imposed under subsections (c) and (d) | 11 | | of Section 201 of the Illinois Income Tax Act, or the tax | 12 | | imposed under Section 704A of the Illinois Income Tax Act: | 13 | | (1) failure to make a tax return; | 14 | | (2) the filing of a fraudulent return; | 15 | | (3) failure to pay all or part of any tax or penalty | 16 | | finally determined to be due; | 17 | | (4) failure to comply with the bonding requirements of | 18 | | the Retailers' Occupation Tax Act. | 19 | | (h) A license issued under this Section may be canceled by | 20 | | the Secretary of State prior to its expiration in any of the | 21 | | following situations: | 22 | | (1) if a license is voluntarily surrendered by the | 23 | | licensed person; | 24 | | (2) if the business enterprise is a sole | 25 | | proprietorship and the sole proprietor dies or is | 26 | | imprisoned for any period exceeding 30 days; or |
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| 1 | | (3) if the license was issued to the wrong person or | 2 | | corporation or contains an error on its face. | 3 | | If any person whose license has been canceled wishes to | 4 | | apply for another license, whether during the same license | 5 | | year or any other year, that person shall be treated as a new | 6 | | applicant and the cancellation of the person's prior license | 7 | | shall not, in and of itself, be a bar to the issuance of a new | 8 | | license. | 9 | | (i) A license issued under this Section may be canceled | 10 | | without a hearing if the Secretary of State is notified that | 11 | | the applicant, or any officer, director, shareholder having a | 12 | | 10% or greater ownership interest, owner, partner, trustee, | 13 | | manager, employee, or member of the applicant or the licensee | 14 | | has been convicted of any forcible felony or any felony | 15 | | involving the selling, bartering, exchanging, offering for | 16 | | sale, or otherwise dealing in ownership documents relating to | 17 | | any of the above actions. | 18 | | (j) The appropriate instrument evidencing the license or a | 19 | | certified copy of the instrument, provided by the Secretary of | 20 | | State, shall be kept posted conspicuously in the established | 21 | | place of business of the licensee. | 22 | | (k) All records related to the purchase, sale, or | 23 | | acceptance for sale on consignment of any manufactured home | 24 | | shall be maintained at the licensee's established place of | 25 | | business. These records shall be retained for a period of not | 26 | | less than 7 years, and shall be made available for inspection |
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| 1 | | upon the request of a Secretary of State auditor or an | 2 | | investigator with the Secretary of State Department of Police. | 3 | | (l) Except as provided in subsection (i), all licenses | 4 | | granted under this Section shall expire by operation of law on | 5 | | December 31st of the calendar year for which the licenses were | 6 | | granted, unless sooner revoked or canceled under subsection | 7 | | (f). | 8 | | (m) Each person licensed as a manufactured home dealer is | 9 | | required to furnish each purchaser of a manufactured home: | 10 | | (1) in the case of a new manufactured home, a | 11 | | manufacturer's statement of origin, and in the case of a | 12 | | previously owned manufactured home, a certificate of | 13 | | title, in either case properly assigned to the purchaser; | 14 | | (2) a statement verified under oath that all | 15 | | identifying numbers on the vehicle match the identifying | 16 | | numbers on the certificate of title or manufacturer's | 17 | | statement of origin; | 18 | | (3) a bill of sale properly executed on behalf of the | 19 | | purchaser; and | 20 | | (4) for a new manufactured home, a warranty, and in | 21 | | the case of a manufactured home for which the warranty has | 22 | | been reinstated, a copy of the warranty; if no warranty is | 23 | | provided, a disclosure or statement that the manufactured | 24 | | home is being sold "AS IS". | 25 | | (n) This Section does not apply to a seller who privately | 26 | | owns his or her manufactured home as his or her main residence |
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| 1 | | and is selling the manufactured home to another individual or | 2 | | to a licensee so long as that individual does not sell more | 3 | | than 2 manufactured homes in one 12-month period. | 4 | | (o) This Section does not apply to any person licensed | 5 | | under the Real Estate License Act of 2000. | 6 | | (p) The Secretary of State may adopt any rules necessary | 7 | | to implement this Section. | 8 | | (q) Any individual or entity licensed as a manufactured | 9 | | home dealer or a community-based manufactured home dealer on | 10 | | the effective date of this Section shall be entitled to act as | 11 | | a manufactured home dealer under this Section for the duration | 12 | | of any license in effect on the effective date of this | 13 | | amendatory Act of the 102nd General Assembly, and shall be | 14 | | eligible to be issued a manufactured home dealer's license | 15 | | under this Section upon the expiration of any such license.
| 16 | | (625 ILCS 5/5-101.2 rep.) | 17 | | Section 10. The Illinois Vehicle Code is amended by | 18 | | repealing Section 5-101.2. | 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2022.".
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