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Public Act 099-0166
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| SB1641 Enrolled | LRB099 07957 RJF 28097 b |
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AN ACT concerning the Secretary of State.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The State Salary and Annuity Withholding Act is |
amended by changing Sections 4 and 8 as follows:
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(5 ILCS 365/4) (from Ch. 127, par. 354)
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Sec. 4. Authorization of withholding. An employee or |
annuitant may
authorize the withholding of a portion of his |
salary, wages, or annuity for any
one or more of the following |
purposes:
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(1) for purchase of United States Savings Bonds;
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(2) for payment of premiums on life or accident and |
health insurance
as defined in Section 4 of the "Illinois |
Insurance Code", approved June
29, 1937, as amended, and |
for payment of premiums on policies of
automobile insurance |
as defined in Section 143.13 of the "Illinois
Insurance |
Code", as amended, and the personal multiperil coverages |
commonly
known as homeowner's insurance. However, no |
portion of salaries, wages or
annuities may be withheld to |
pay premiums on automobile, homeowner's,
life or accident |
and health insurance policies issued by any one insurance
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company or insurance service company unless a minimum of |
100 employees or
annuitants insured by that company |
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authorize the withholding by an Office
within 6 months |
after such withholding begins. If such minimum is not
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satisfied the Office may discontinue withholding for such |
company. For any
insurance company or insurance service |
company which has not previously had
withholding, the |
Office may allow withholding for premiums, where less than
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100 policies have been written, to cover a probationary |
period. An
insurance company which has discontinued |
withholding may reinstate it upon
presentation of facts |
indicating new management or re-organization
satisfactory |
to the Office;
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(3) for payment to any labor organization designated by |
the
employee;
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(4) for payment of dues to any association the |
membership of which
consists of State employees and former |
State employees;
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(5) for deposit in any credit union, in which State |
employees are within
the field of membership as a result of |
their employment;
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(6) for payment to or for the benefit of an institution |
of higher
education by an employee of that institution;
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(7) for payment of parking fees at the underground |
facility located
south of the William G. Stratton State |
Office Building in Springfield, the
parking ramp located at |
401 South College Street, west of the William G.
Stratton |
State Office Building in Springfield, or
at the parking |
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facilities located on the Urbana-Champaign campus of the
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University of Illinois;
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(8) for voluntary payment to the State of Illinois of |
amounts then due
and payable to the State;
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(9) for investment purchases made as a participant in |
College Savings
Programs established pursuant to Section |
30-15.8a of the School Code;
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(10) for voluntary payment to the Illinois Department |
of Revenue of
amounts due or to become due under the |
Illinois Income Tax Act;
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(11) for payment of optional contributions to a |
retirement system
subject to the provisions of the Illinois |
Pension Code;
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(12) for contributions to organizations found |
qualified by the
State Comptroller under the requirements |
set forth in the Voluntary Payroll
Deductions Act of 1983;
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(13) for payment of fringe benefit contributions to |
employee benefit trust funds (whether such employee |
benefit trust funds are governed by the Employee Retirement |
Income Security Act of 1974, as amended, 29 U.S.C. §1001 et |
seq. or not) for State contractual employees hired through |
labor organizations and working pursuant to a signed |
agreement between a labor organization and a State agency, |
whether subject to the Illinois Prevailing Wage Act or not; |
this item (13) is not intended to limit employee benefit |
trust funds and the contributions to be made thereto to be |
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limited to those which are encompassed for purposes of |
computing the prevailing wage in any particular locale, but |
rather such employee benefit trusts are intended to include |
contributions to be made to such funds that are intended to |
assist in training, building and maintenance, industry |
advancement, and the like, including but not limited to |
those benefit trust funds such as pension and welfare that |
are normally computed in the prevailing wage rates and |
which otherwise would be subject to contribution |
obligations by private employers that are signatory to |
agreements with labor organizations; |
(14) for voluntary payment as part of the Illinois |
Gives Initiative under Section 26 of the State Comptroller |
Act; or .
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(15) for payment of parking fees at the underground |
facility located south of the William G. Stratton State |
Office Building in Springfield or the parking ramp located |
at 401 South College Street, west of the William G. |
Stratton State Office Building in Springfield. |
(Source: P.A. 98-700, eff. 7-7-14.)
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(5 ILCS 365/8) (from Ch. 127, par. 358)
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Sec. 8. Payment of certain amounts withheld.
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(a) If a withholding authorization is for the purpose of |
payment of
insurance premiums or for payment to a labor union, |
each Office shall make
payments, as soon as payroll warrants |
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are prepared and verified, on behalf
of the employee or |
annuitant to the payee named in the authorization the
amount |
specified in the authorization. Such payments shall be made by |
warrants
prepared at the time the payroll is processed.
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(b) If a withholding authorization is for the purpose of |
purchasing
United States Savings Bonds, each Office, whenever a |
sufficient sum has
accumulated in the employee's account to |
purchase a bond of the denomination
directed by the employee in |
his authorization, shall purchase such a United
States Savings |
Bond in the name designated by the employee and deliver it to
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the employee.
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(c) If a withholding authorization is for the purpose of |
payment of
parking fees pursuant to paragraph 7 of Section 4, |
the State Comptroller shall
deposit 80% of the amount withheld |
in the Capital Development Bond Retirement
and Interest Fund in |
the State Treasury and 20% of the amount withheld in the
State |
Parking Facility Maintenance Fund in the State Treasury.
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(d) If a withholding authorization is for the purpose of |
payment of
amounts due or to become due under the Illinois |
Income Tax Act, the Office
shall pay the amounts withheld |
without delay directly to the Department of
Revenue or to a |
depositary designated by the Department of Revenue.
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(e) If a withholding authorization is for the purpose of |
payment of parking fees under paragraph (15) of Section 4 of |
this Act, the State Comptroller shall deposit the entire amount |
withheld in the State Parking Facility Maintenance Fund in the |
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State treasury. |
(Source: P.A. 90-448, eff. 8-16-97.)
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Section 10. The State Finance Act is amended by changing |
Section 6z-23 as follows:
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(30 ILCS 105/6z-23) (from Ch. 127, par. 142z-23)
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Sec. 6z-23.
All monies received by the Secretary of State |
pursuant to
paragraph (f) of Section 2-119 or subsection (d) |
(b) of Section 3-113 of the Illinois Vehicle Code
shall be |
deposited in the CDLIS/AAMVAnet/NMVTIS Trust Fund. The money in |
this Fund
shall only be used by the Secretary of State to pay |
for (1) the enrollment
of commercial drivers into the |
Commercial Driver License Information System
(CDLIS), (2) |
network charges assessed Illinois by AAMVAnet,
Inc., for motor |
vehicle and driver records data and information, (3)
expenses |
(limited to equipment, maintenance, and software)
related to |
the testing of applicants for commercial driver's licenses, and |
(4) expenses related to participation in the National Motor |
Vehicle Title Information Service, and (5) any expenses related |
to vehicle registration or titling.
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(Source: P.A. 98-177, eff. 1-1-14.)
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Section 15. The Illinois Vehicle Code is amended by |
changing Sections 3-638, 3-808.1, and 11-1304.5 as follows:
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(625 ILCS 5/3-638)
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Sec. 3-638. U.S. Veteran License Plates. |
(a) In addition to any other special license plate, the |
Secretary, upon
receipt of all applicable fees and applications |
made in the form prescribed by
the Secretary of State, may |
issue U.S. Veteran license plates to residents of
Illinois who |
meet eligibility requirements prescribed by the Secretary of
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State. The special U.S. Veteran plate issued under this Section |
shall be
affixed only to passenger vehicles of the first |
division, motorcycles, and
motor vehicles of the second |
division weighing not more than 8,000 pounds.
Plates issued |
under this Section shall expire according to the staggered
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multi-year procedure established by Section 3-414.1 of this |
Code.
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(b) The design, color, and format of the plates shall be |
wholly
within the discretion of the Secretary of State. The |
Secretary may, in his or
her discretion, allow the plates to be |
issued as vanity plates or personalized
in accordance with |
Section 3-405.1 of this Code. The plates are not required
to |
designate "Land Of Lincoln", as prescribed in subsection (b) of |
Section
3-412 of this Code. The Secretary shall prescribe the |
eligibility requirements
and, in his or her discretion, shall |
approve and prescribe stickers or decals
as provided under |
Section 3-412.
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(c) (Blank).
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(d) A charitable organization deemed eligible by the |
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Secretary of State shall design decals to be affixed on plates |
issued under this Section. The decals shall designate the |
applicant's branch of service, theater of action, or both. The |
Secretary may prescribe rules governing the requirements and |
approval of charitable decals. |
(e) The charitable organization authorized to design |
decals under subsection (d) of this Section may establish a fee |
for the purchase of charitable decals and shall report by July |
31 of each year to the Secretary of State Vehicle Services |
Department the sticker fee, the number of charitable decals |
sold, the total revenue received from the sale of charitable |
decals during the previous fiscal year, and any other |
information deemed necessary by the Secretary of State. |
(Source: P.A. 96-1409, eff. 1-1-11.)
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(625 ILCS 5/3-808.1) (from Ch. 95 1/2, par. 3-808.1)
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Sec. 3-808.1. (a) Permanent vehicle registration plates |
shall be issued,
at no charge, to the following:
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1. Vehicles, other than medical transport vehicles, |
owned and operated
by the State of Illinois or by any State
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agency financed by funds appropriated by the General |
Assembly;
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2. Special disability plates issued to vehicles owned |
and
operated by the State of Illinois or by any State |
agency financed by funds
appropriated by the General |
Assembly.
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(b) Permanent vehicle registration plates shall be issued, |
for a one time
fee of $8.00, to the following:
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1. Vehicles, other than medical transport vehicles, |
operated by or
for any county, township or municipal |
corporation.
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2. Vehicles owned by counties, townships or municipal |
corporations for
persons with disabilities.
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3. Beginning with the 1991 registration year, |
county-owned vehicles
operated by or for any county sheriff |
and designated deputy sheriffs. These
registration plates |
shall contain the specific county code and unit number.
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4. All-terrain vehicles owned by counties, townships, |
or municipal
corporations and used for law enforcement |
purposes when the Manufacturer's
Statement of Origin is |
accompanied with a letter from the original manufacturer
or |
a manufacturer's franchised dealer stating that this |
all-terrain vehicle
has been
converted to a street worthy |
vehicle that meets the equipment requirements set
forth in |
Chapter 12 of this Code.
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5. Beginning with the 2001 registration year, |
municipally-owned vehicles
operated by or for any police |
department. These registration plates shall
contain the |
designation "municipal police" and shall be numbered and
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distributed as prescribed by the Secretary of State.
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6. Beginning with the 2014 registration year, |
municipally owned, fire district owned, or Mutual Aid Box |
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Alarm System (MABAS) owned vehicles operated by or for any |
fire department, fire protection district, or MABAS. These |
registration plates shall display the designation "Fire |
Department" and shall display the specific fire |
department, fire district, fire unit, or MABAS division |
number or letter. |
(b-5) Beginning with the 2016 registration year, permanent |
vehicle registration plates shall be issued for a one-time fee |
of $8.00 to a county, township, or municipal corporation that |
owns or operates vehicles used for the purpose of community |
workplace commuting as defined by the Secretary of State by |
administrative rule. The design and color of the plates shall |
be wholly within the discretion of the Secretary. The Secretary |
of State may adopt rules to implement this subsection (b-5). |
(c) Beginning with the 2012 registration year, |
county-owned vehicles
operated by or for any county sheriff and |
designated deputy sheriffs that have been issued registration |
plates under subsection (b) of this Section shall be exempt |
from any fee for the transfer of registration from one vehicle |
to another vehicle. Each county sheriff shall report to the |
Secretary of State any transfer of registration plates from one |
vehicle to another vehicle operated by or for any county |
sheriff and designated deputy sheriffs. The Secretary of State |
shall adopt rules to implement this subsection (c). |
(c-5) Beginning with the 2014 registration year, |
municipally owned, fire district owned, or Mutual Aid Box Alarm |
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System (MABAS) owned vehicles operated by or for any fire |
department, fire protection district, or MABAS that have been |
issued registration plates under subsection (b) of this Section |
shall be exempt from any fee for the transfer of registration |
from one vehicle to another vehicle. Each fire department, fire |
protection district, of MABAS shall report to the Secretary of |
State any transfer of registration plates from one vehicle to |
another vehicle operated by or for any fire department, fire |
protection district, or MABAS. The Secretary of State shall |
adopt rules to implement this subsection. |
(d) Beginning with the 2013 registration year, |
municipally-owned vehicles
operated by or for any police |
department that have been issued registration plates under |
subsection (b) of this Section shall be exempt from any fee for |
the transfer of registration from one vehicle to another |
vehicle. Each municipal police department shall report to the |
Secretary of State any transfer of registration plates from one |
vehicle to another vehicle operated by or for any municipal |
police department. The Secretary of State shall adopt rules to |
implement this subsection (d). |
(e) Beginning with the 2016 registration year, any vehicle |
owned or operated by a county, township, or municipal |
corporation that has been issued registration plates under this |
Section is exempt from any fee for the transfer of registration |
from one vehicle to another vehicle. Each county, township, or |
municipal corporation shall report to the Secretary of State |
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any transfer of registration plates from one vehicle to another |
vehicle operated by or for any county, township, or municipal |
corporation. |
(Source: P.A. 97-430, eff. 1-1-12; 97-794, eff. 1-1-13; 98-436, |
eff. 1-1-14; 98-1074, eff. 1-1-15.)
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(625 ILCS 5/11-1304.5)
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Sec. 11-1304.5. Parking of vehicle with expired |
registration. No
person may stop, park, or leave standing upon |
a public street, highway, or
roadway a vehicle upon
which is
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displayed an Illinois registration plate or plates or |
registration sticker
after the termination of
the registration
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period, except as provided for in subsection (b) of Section |
3-701 of this Code, for which the registration plate or plates |
or registration sticker was
issued or after the
expiration date |
set under
Section 3-414 or 3-414.1 of this Code.
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(Source: P.A. 91-487, eff. 1-1-00.)
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Section 20. The Conveyance and Encumbrance of Manufactured |
Homes as Real Property and Severance Act is amended by changing |
Section 5-15 as follows:
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(765 ILCS 170/5-15)
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Sec. 5-15. Affidavit of affixation. |
(a) An affidavit of affixation shall contain or be |
accompanied by: |
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(1) the name of the manufacturer, the make, the model |
name, the model year, the dimensions, and the |
manufacturer's serial number or numbers of the |
manufactured home, and whether the manufactured home is new |
or used; |
(2)(A) a statement that the party executing the |
affidavit is the owner of the real property described |
therein or (B) if the party executing the affidavit is not |
the owner of the real property, (1) a statement that the |
manufactured home is not located in a mobile home park as |
defined in Section 2.5 of the Mobile Home Park Act and that |
the party executing the affidavit is in possession of the |
real property pursuant to the terms of a lease in |
recordable form that has a term that continues for at least |
20 years after the date of execution of the affidavit and |
(2) the consent of the lessor of the real property, |
endorsed upon or attached to the affidavit and acknowledged |
or proved in the manner as to entitle a conveyance to be |
recorded; |
(3) the street address and the legal description of the |
real property to which the manufactured home is or shall be |
affixed; and |
(4) as applicable: |
(A) if the manufactured home is not covered by a |
certificate of title, including, if applicable, a |
certificate of title issued in accordance with |
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subsection (b) of Section 3-109 of the Illinois Vehicle |
Code, a statement by the owner to that effect, and |
(i) a statement by the owner of the |
manufactured home that the manufactured home is |
covered by a Manufacturer's Statement of Origin, |
the date the Manufacturer's Statement of Origin |
was issued, and the manufacturer's serial number |
or numbers of the manufactured home; and |
(ii) a statement that annexed to the affidavit |
of affixation is a copy of the the original |
Manufacturer's Statement of Origin for the |
manufactured home, duly endorsed to the owner of |
the manufactured home, and that the owner of the |
manufactured home shall surrender the original |
Manufacturer's Statement of Origin to the |
Secretary of State; or |
(B) if the manufactured home is covered by a |
certificate of title, including, if applicable, a |
certificate of title issued in accordance with |
subsection (b) of Section 3-109 of the Illinois Vehicle |
Code, a statement by the owner of the manufactured home |
that the manufactured home is covered by a certificate |
of title, the date the title was issued, the title |
number, and that the owner of the manufactured home |
shall surrender the title to the Secretary of State; |
(5) a statement whether or not the manufactured home is |
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subject to one or more security interests or liens, and |
(A) if the manufactured home is subject to one or |
more security interests or liens, the name and address |
of each party holding a security interest in or lien on |
the manufactured home, including but not limited to, |
each holder shown on any certificate of title issued by |
the Secretary of State, if any, the original principal |
amount secured by each security interest or lien; and a |
statement that the security interest or lien shall be |
released; or |
(B) a statement that each security interest in or |
lien on the manufactured home, if any, has been |
released, together with due proof of each such release; |
(6) a statement that the manufactured home is or shall |
be affixed to a permanent foundation; |
(7) the name and address of a person designated for |
filing the certified copy of the affidavit of affixation |
with the Secretary of State, to whom the recording officer |
shall return the certified copy of the affidavit of |
affixation after it has been duly recorded in the real |
property records, as provided in Section 5-25 of this Act; |
and |
(8) the certification of a certified residential real |
estate appraiser, a certified general real estate |
appraiser, a licensed manufactured home installer, or a |
licensed professional engineer, as provided in Section 5-5 |
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of this Act. |
(b) An affidavit of affixation shall be in the form set |
forth in this Section, duly acknowledged or proved in like |
manner as to entitle a conveyance to be recorded, and when so |
acknowledged or proved and upon payment of the lawful fees |
therefor, the recording officer shall immediately cause the |
affidavit of affixation and any attachments thereto to be duly |
recorded and indexed in the record of deeds. |
(c) An affidavit of affixation shall be in the form set |
forth below:
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MANUFACTURED HOME |
AFFIDAVIT OF AFFIXATION
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STATE OF ........................) |
)SS. |
COUNTY OF .......................)
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BEFORE ME, the undersigned Notary Public, on this day |
personally appeared ......................... (type the |
name(s) of each person signing this Affidavit) known to me to |
be the person(s) whose name(s) is/are subscribed below (each a |
"Homeowner"), and who, being by me first duly sworn, did each |
on his or her oath state as follows: |
1. Homeowner owns the manufactured home ("Home") described as |
follows: |
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| ..................................................... |
| .............................. |
(Year; Manufacturer's Name; Manufacturer's Serial No(s).)
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2. The street address of the real property to which the Home is |
or shall be permanently affixed ("Property Address") is:
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| ............................................................. |
(Street or Route; City; County; State; Zip Code)
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3. The legal description of the real property to which the Home |
is or shall be affixed ("Land") is: |
| .......................... |
| .............................. |
| .............................. |
..............................
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4. Homeowner is the owner of the Land or, if not the owner of |
the Land, the Home is not located in a mobile home park, as |
defined in Section 2.5 of the Mobile Home Park Act, and |
Homeowner is in possession of the Land pursuant to a lease |
in recordable form that has a term that continues for at |
least 20 years after the date of the execution of this |
Affidavit, and the consent of the lessor is attached to |
this Affidavit. |
5. The Home is or shall be assessed and taxed as an improvement |
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to the Land. |
6. As of the date of the execution of this Affidavit, or, if |
the Home is not yet located at the Property Address, upon |
the delivery of the Home to the Property Address: |
(a) The Home [ ] is [ ] shall be affixed to a permanent |
foundation as defined in Section 5-5 of the Conveyance and |
Encumbrance of Manufactured Homes as Real Property and |
Severance Act; |
(b) The wheels, axles, towbar, or hitch were removed when |
the Home was placed on the Property Address; and |
7. The Home [ ] was [ ] was not permanently affixed before |
January 1, 2011. |
8. If Homeowner is the owner of the Land, any conveyance or |
financing of the Home and the Land shall be a single |
transaction under applicable State law. |
9. The Home is subject to the following security interests or |
liens:
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Name of Lienholder: ................ |
Address: ....................................................
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Name of Lienholder: ................ |
Address: ....................................................
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10. Other than those disclosed in this Affidavit, Homeowner is |
not aware of (i) any other security interest, claim, lien, |
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or encumbrance affecting the Home or (ii) any other facts |
or information that could reasonably affect the validity of |
the title of the Home or the existence or non-existence of |
security interests in it. |
11. A release of lien from each of the lienholders identified |
in paragraph 11 of this Affidavit [] has been [] shall be |
delivered to the Secretary of State. |
12. Homeowner shall initial only one of the following, as it |
applies to the Home: |
[] The Home is not covered by a certificate of title. The |
Home is covered by a Manufacturer's Statement of Origin, issued |
on the ...... of .........., ....., manufacturer's serial |
number ........................, which Homeowner shall |
surrender to the Secretary of State. A copy of the The original |
Manufacturer's Statement of Origin, duly endorsed to |
Homeowner, is attached to this Affidavit. |
[] The Home is covered by a certificate of title issued on |
the ....... day of .........., ......, title number |
........................, which Homeowner shall surrender to |
the Secretary of State. |
13. Homeowner designates the following person to file a |
certified copy of this Affidavit with the Secretary of |
State, and the person to whom the Recorder shall return a |
certified copy of this Affidavit after it has been duly |
recorded in the real property records: |
Name: .............................................. |
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Address: ................................................
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14. This Affidavit is executed by Homeowner pursuant to Section |
5-15 of the Conveyance and Encumbrance of Manufactured |
Homes as Real Property and Severance Act. |
15. The certification, pursuant to Section 5-5 of the |
Conveyance and Encumbrance of Manufactured Homes as Real |
Property and Severance Act, of a certified residential real |
estate appraiser, a certified general real estate |
appraiser, a licensed manufactured home installer, or a |
licensed professional engineer that the home is affixed to |
a permanent foundation is attached to this Affidavit.
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IN WITNESS WHEREOF, Homeowner(s) has/have executed this |
Affidavit in my presence and in the presence of the undersigned |
witnesses on this ...... day of ......, ......
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...........................(SEAL) .......................... |
Homeowner #1 Witness |
........................... |
Printed Name
|
...........................(SEAL) .......................... |
Homeowner #2 Witness |
........................... |
Printed Name
|
|
...........................(SEAL) .......................... |
Homeowner #3 Witness |
........................... |
Printed Name
|
...........................(SEAL) .......................... |
Homeowner #4 Witness |
........................... |
Printed Name
|
STATE OF .........................) |
) SS. |
COUNTY OF ........................)
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The foregoing instrument was acknowledged before me this |
(date) by (name(s) of person(s) who acknowledged). |
.......................... Notary Public |
Signature
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My commission expires: ................... |
Official Seal:
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ATTENTION RECORDER: This instrument covers goods that are |
or are to become fixtures on the Property described herein and |