Public Act 101-0407
 
SB1602 EnrolledLRB101 07777 TAE 52826 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 5-101.2 as follows:
 
    (625 ILCS 5/5-101.2)
    Sec. 5-101.2. Manufactured home dealers; licensing.
    (a)   For the purposes of this Section, the following words 
shall have the meanings ascribed to them as follows:
        "Community-based manufactured home dealer" means an 
    individual or entity that operates a tract of land or 2 or 
    more contiguous tracts of land which contain sites with the 
    necessary utilities for 5 or more independent manufactured 
    homes for permanent habitation, either free of charge or 
    for revenue purposes, and shall include any building, 
    structure, vehicle, or enclosure used or intended for use 
    as a part of the equipment of the manufactured home park 
    who may, incidental to the operation of the manufactured 
    home community, sell, trade, or buy no more than 2 a 
    manufactured homes home or park models per calendar year 
    model that are is located within the manufactured home 
    community pursuant to a franchise agreement or similar 
    agreement with a manufacturer, or used manufactured homes 
    or park models located within the manufactured home 
    community or additional place of business or is located in 
    a different manufactured home community that is owned or 
    managed by the community-based manufactured home dealer.
        "Established place of business" means the place owned

    or leased and occupied by any person duly licensed or

    required to be licensed as a manufactured home dealer or a

    community-based manufactured home dealer for the purpose

    of engaging in selling, buying, bartering, displaying,

    exchanging, or dealing in, on consignment or otherwise,

    manufactured homes or park models and for such other 
    ancillary purposes as may be permitted by the Secretary by 
    rule. An established place of business shall include a 
    single or central office in which the manufactured home 
    dealer's or community-based manufactured home dealer's 
    records shall be separate and distinct from any other 
    business or tenant which may occupy space in the same 
    building, except as provided in this Section, and the 
    office shall not be located in a tent, temporary stand, 
    temporary address, room or rooms in a hotel or
rooming 
    house, nor the premises occupied by a single or
multiple 
    unit residence, unless the multiple unit
residence has a 
    separate and distinct office.
        "Manufactured home" means a factory assembled

    structure built on a permanent chassis, transportable in

    one or more sections in the travel mode, incapable of

    self-propulsion, and bears a label indicating the

    manufacturer's compliance with the United States

    Department of Housing and Urban Development standards, as 
    applicable, that is without a permanent foundation and is 
    designed for year round occupancy as a single-family 
    residence when connected to approved water, sewer, and 
    electrical
utilities.
        "Manufactured home dealer" means an individual or 
    entity that engages in the business of acquiring or 
    disposing of a manufactured home or park model, either a 
    new manufactured home or park model, pursuant to a 
    franchise agreement with a manufacturer, or used 
    manufactured homes or park models, and who has an 
    established place of business that is not in a residential 
    community-based setting.
        "Park model" means a vehicle that is incapable of 
    self-propulsion that is less than 400 square feet of 
    habitable space that is built to American National 
    Standards Institute (ANSI) standards that prohibits 
    occupancy on a permanent basis and is built on a vehicle 
    chassis.
        "Supplemental license" means a license that a 
    community-based manufactured home dealer receives and 
    displays at locations in which the licensee is authorized 
    to sell, buy, barter, display, exchange, or deal in, on 
    consignment or otherwise, manufactured homes or park 
    models, but is not the established place of business of the 
    licensee.
    (b)   No person shall engage in this State in the business of

selling or dealing in, on consignment or otherwise,

manufactured homes or park models of any make, or act as an 
intermediary, agent, or broker for any manufactured home or 
park model purchaser, other than as a salesperson or to 
represent or advertise that he or she is so engaged, or intends 
to so engage, in the business, unless licensed to do so by the 
Secretary of State under the provisions of this Section.
    (c)   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 and duly
verified by oath, 
on such form as the Secretary of State may by
rule prescribe 
and shall contain all of the following:
        (1)   The name and type of business organization of the

    applicant, and his or her established and additional places

    of business, if any, in this State.
        (2)   If the applicant is a corporation, a list of its

    officers, directors, and shareholders having a 10% or

    greater ownership interest in the corporation. If the

    applicant is a sole proprietorship, a partnership, a

    limited liability company, an unincorporated association,

    a trust, or any similar form of business organization, the

    name and residence address of the proprietor, or the name

    and residence address of each partner, member, officer,

    director, trustee, or manager.
        (3)   The make or makes of new manufactured homes or park 
    models that the applicant will offer for sale at retail in 
    the State.
        (4)   The name of each manufacturer or franchised

    distributor, if any, of new manufactured homes or park 
    models with whom the applicant has contracted for the sale 
    of new manufactured homes or park models. As evidence of 
    this fact, the application shall be accompanied by a signed 
    statement from each manufacturer or franchised 
    distributor.
        (5)   A statement that the applicant has been approved

    for registration under the Retailers' Occupation Tax Act by

    the Department of Revenue, provided that this requirement

    does not apply to a manufactured home dealer who is already

    licensed with the Secretary of State, and who is merely

    applying for a renewal of his or her license. As evidence

    of this fact, the application shall be accompanied by a

    certification from the Department of Revenue showing that

    the Department has approved the applicant for registration

    under the Retailers' Occupation Tax Act.
        (6)   An application for:
            (A) a manufactured home dealer's license, when the 
        applicant is selling new manufactured homes or park 
        models on behalf of a manufacturer of manufactured 
        homes or park models, or 5 or more used manufactured 
        homes or park models during the calendar year, shall be 
        accompanied by a $1,000 license fee for the applicant's 
        established place of business, and $100 for each 
        additional place of business, if any, to which the 
        application pertains. If the application is made after 
        June 15 in any year, the license fee shall be $500 for 
        the applicant's
established place of business, and $50 
        for each
additional place of business, if any, to which 
        the
application pertains. License fees shall be 
        returnable
only in the event that the application is 
        denied by the Secretary of State; or
            (B) a community-based manufactured home dealer's

        license, when the applicant is selling new 
        manufactured homes or park models on behalf of a 
        manufacturer of manufactured homes or park models, or 5 
        or more used manufactured homes or park models during 
        the calendar year 5 or more  manufactured
homes during 
        the calendar year not on behalf of a manufacturer of 
        manufactured
homes, but within a community setting, 
        shall be
accompanied by a license fee of $500 for the

        applicant's established place of business, and $50 for

        each additional place of business within a 50-mile 
        radius of the established place of business, if any to 
        which the
application pertains. If the application is 
        made after
June 15 in any year, the license fee shall 
        be $250 for
the applicant's established place of 
        business, and $50
for each additional place of 
        business, if any, to which the application pertains. 
        License fees shall be
returnable only in the event that 
        the application is
denied by the Secretary of State.
            Of the monies received by the Secretary of State as 
        license fees under this paragraph (6), 95% shall be 
        deposited into the General Revenue Fund and 5% into the 
        Motor Vehicle License Plate Fund.
        (7)   A statement that the applicant's officers,

    directors, and shareholders having a 10% or greater

    ownership interest therein, proprietor, a partner, member,

    officer, director, trustee, manager, or other principals

    in the business, have not committed in the past 3 years any

    one violation, as determined in any civil, criminal, or

    administrative hearing proceeding, of any one of the

    following Acts:
            (A)   the Anti Theft Laws of the Illinois Vehicle

        Code;
            (B)   the Certificate of Title Laws of the Illinois

        Vehicle Code;
            (C)   the Offenses against Registration and

        Certificates of Title Laws of the Illinois Vehicle 
        Code;
            (D)   the Dealers, Transporters, Wreckers, and

        Rebuilders Laws of the Illinois Vehicle Code;
            (E)   Section 21-2 of the Criminal Code of 2012

        (criminal trespass to vehicles);
            (F)   the Retailers Occupation Tax Act;
            (G)   the Consumer Finance Act;
            (H)   the Consumer Installment Loan Act;
            (I)   the Retail Installment Sales Act;
            (J)   the Motor Vehicle Retail Installment Sales 
        Act;
            (K)   the Interest Act;
            (L)   the Illinois Wage Assignment Act;
            (M)   Part 8 of Article XII of the Code of Civil

        Procedure; or
            (N)   the Consumer Fraud Act.
        (8)   A bond or certificate of deposit in the amount of

    $20,000 for each license holder applicant intending to act

    as a manufactured home dealer or community-based

    manufactured home dealer under this Section. The bond shall

    be for the term of the license, for which application is

    made, and shall expire not sooner than December 31 of the

    year for which the license was issued. The bond shall run

    to the People of the State of Illinois, with surety by a

    bonding or insurance company authorized to do business in

    this State. It shall be conditioned upon the proper

    transmittal of all title and registration fees and taxes

    (excluding taxes under the Retailers' Occupation Tax Act)

    accepted by the applicant as a manufactured home dealer.
        (9)   Dealers in business for over 5 years may
substitute 
    a certificate of insurance in lieu of the bond
or 
    certificate of deposit upon renewing their license.
        (10)   Any other information concerning the business of

    the applicant as the Secretary of State may by rule

    prescribe.
        (11)   A statement that the applicant has read and

    understands Chapters 1 through 5 of this Code.
    (d)   Any change which renders no longer accurate any

information contained in any application for a license under 
this Section shall be amended within 30 days after the 
occurrence of the change on a form the Secretary of State may 
prescribe, by rule, accompanied by an amendatory fee of $25.
    (e)   The Secretary of State shall, within a reasonable time

after receipt, examine an application submitted to him or her

under this Section, and unless he or she makes a determination

that the application submitted to him or her does not conform

with the requirements of this Section or that grounds exist for

a denial of the application under Section 5-501 of this

Chapter, grant the applicant an initial manufactured home

dealer's license or a community-based manufactured home

dealer's license in writing for his or her established place
of 
business and a supplemental license in writing for each

additional place of business in a form the Secretary may

prescribe by rule, which shall include the following:
        (1)   the name of the person or entity licensed;
        (2)   if a corporation, the name and address of its

    officers; if a sole proprietorship, a partnership, an

    unincorporated association, or any similar form of

    business organization, the name and address of the

    proprietor, or the name and address of each partner,

    member, officer, director, trustee or manager; or if a

    limited liability company, the name and address of the

    general partner or partners, or managing member or members;
        (3)   in the case of an original license, the established 
    place of business of the licensee;
        (4)   in the case of a supplemental license, the

    established place of business of the licensee and the 
    distance to each
additional place of business to which the 
    supplemental
license pertains; and
        (5)   if applicable, the make or makes of new

    manufactured homes or park models to which a manufactured 
    home dealer is licensed to sell.
    (e-5) A manufactured home dealer may operate a supplemental 
lot if the lot is located within 50 miles of the manufactured 
home dealer's principal place of business. Records pertaining 
to a supplemental lot may be maintained at the principal place 
of business.
    (f)   The appropriate instrument evidencing the license or a

certified copy of the instrument, provided by the Secretary of

State, shall be kept posted conspicuously in the established

place of business of the licensee and in each additional place

of business, if any, maintained by the licensee, unless the

licensee is a community-based manufactured home dealer, then

the license shall be posted in the community-based manufactured

home dealer's central office and it shall include a list of the

other locations that the community-based manufactured home

dealer may oversee.
    (g)   Except as provided in subsection (i) of this Section,

all licenses granted under this Section shall expire by 
operation of law on December 31 of the calendar year for which 
the licenses were granted, unless sooner revoked or cancelled 
under the provisions of Section 5-501 of this Chapter.
    (h)   All persons licensed as a manufactured home dealer or a

community-based manufactured home dealer are required to

furnish each purchaser of a manufactured home or park model:
        (1)   in the case of a new manufactured home or park 
    model, a manufacturer's statement of origin, and in the 
    case of a previously owned manufactured home or park model, 
    a certificate of title, in either case properly assigned to 
    the purchaser;
        (2)   a statement verified under oath that all

    identifying numbers on the vehicle match the identifying 
    numbers on the certificate of title or manufacturer's 
    statement of origin;
        (3)   a bill of sale properly executed on behalf of the

    purchaser;
        (4)   a copy of the Uniform Invoice-transaction

    reporting return form referred to in Section 5-402; and
        (5)   for a new manufactured home or park model, a 
    warranty, and in the case of a manufactured home or park 
    model for which the warranty has been reinstated, a copy of 
    the warranty; if no warranty is provided, a disclosure or 
    statement that the manufactured home or park model is being 
    sold "AS IS".
    (i)   This Section shall not apply to a (i) seller who 
privately owns his or her manufactured home or park model as 
his or her main residence and is selling the manufactured home 
or park model to another individual or to a licensee; (ii) a 
retailer or entity licensed under either Section 5-101 or 5-102 
of this Code; or (iii) an individual or entity licensed to sell 
truck campers, travel trailers, motor homes, or mini motor 
homes as defined by this Code. Any vehicle not covered by this 
Section that requires an individual or entity to obtain a 
license to sell 5 or more vehicles must obtain a license under 
the relevant provisions of this Code.
    (j)   This Section shall not apply to any person licensed

under the Real Estate License Act of 2000.
    (k)   The Secretary of State may adopt any rules necessary to 
implement this Section. 

(Source: P.A. 99-593, eff. 7-22-16.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.