99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1702
 
Introduced 2/20/2015, by Sen. John M. Sullivan
 
SYNOPSIS AS INTRODUCED:



625 ILCS 5/5-101.2 new

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



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Illinois Vehicle Code is amended by adding 
5Section 5-101.2 as follows:

6 (625 ILCS 5/5-101.2 new)
7 Sec. 5-101.2. Manufactured home dealers; licensing
8 (a) For the purposes of this Section, the following words 
9shall have the meanings ascribed to them as follows:
10  "Community-based manufactured home dealer" means an 
11 individual or entity that operates a tract of land or 2 or 
12 more contiguous tracts of land upon which contain sites 
13 with the necessary utilities for 7 or more independent 
14 manufactured homes for permanent habitation, either free 
15 of charge or for revenue purposes, and shall include any 
16 building, structure, vehicle, or enclosure used or 
17 intended for use as a part of the equipment of the 
18 manufactured home park who may, incidental to the operation 
19 of the manufactured home community, sell, trade, or buy a 
20 manufactured home that is located within the manufactured 
21 home community or is located in a different manufactured 
22 home community that is owned or managed by the 
23 community-based manufactured home dealer.
 
 
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1  "Established place of business" means the place owned 
2 or leased and occupied by any person duly licensed or 
3 required to be licensed as a manufactured home dealer, or a 
4 community-based manufactured home dealer, for the purpose 
5 of engaging in selling, buying, bartering, displaying, 
6 exchanging, or dealing in, on consignment or otherwise, 
7 manufactured homes and for such other ancillary purposes as 
8 may be permitted by the Secretary by rule. An established 
9 place of business shall include a single or central office 
10 in which the dealer's or community-based manufactured home 
11 dealer's records shall be separate and distinct from any 
12 other business or tenant which may occupy space in the same 
13 building, except as provided in this Section, and the 
14 office shall not be located in a residence, tent, temporary 
15 stand, temporary address, room or rooms in a hotel or 
16 rooming house, nor the premises occupied by a single or 
17 multiple unit residence, unless the multiple unit 
18 residence has a separate and distinct office.
19  "Manufactured home" means a factory assembled 
20 structure built on a permanent chassis, transportable in 
21 one or more sections in the travel mode, incapable of 
22 self-propulsion, and bears a label indicating the 
23 manufacturer's compliance with the United States 
24 Department of Housing and Urban Development standards, 
25 that is without a permanent foundation and is designed for 
26 year round occupancy as a single-family residence when 
 
 
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1 connected to approved water, sewer, and electrical 
2 utilities.
3  "Supplemental license" means a license that the 
4 manufactured home dealer, or a community-based 
5 manufactured home dealer, applies for in addition to his or 
6 her primary license, which is located at his or her 
7 established place of business.
8 (b) No person shall engage in this State in the business of 
9selling or dealing in, on consignment or otherwise, 
10manufactured homes of any make, or act as an intermediary, 
11agent, or broker for any manufactured home purchaser, other 
12than as a salesperson or to represent or advertise that he or 
13she is so engaged, or intends to so engage, in the business, 
14unless licensed to do so by the Secretary of State under the 
15provisions of this Section.
16 (c) An application for a manufactured home dealer's 
17license, or a community-based manufactured home dealer's 
18license, shall be filed with the Secretary of State and duly 
19verified by oath, on such form as the Secretary of State may by 
20rule prescribe, and shall contain all of the following:
21  (1) The name and type of business organization of the 
22 applicant, and his or her established and additional places 
23 of business, if any, in this State.
24  (2) If the applicant is a corporation, a list of its 
25 officers, directors, and shareholders having a 10% or 
26 greater ownership interest in the corporation. If the 
 
 
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1 applicant is a sole proprietorship, a partnership, a 
2 limited liability company, an unincorporated association, 
3 a trust, or any similar form of business organization, the 
4 name and residence address of the proprietor, or the name 
5 and residence address of each partner, member, officer, 
6 director, trustee, or manager.
7  (3) The make or makes of new manufactured homes which 
8 the applicant will offer for sale at retail in the State.
9  (4) The name of each manufacturer or franchised 
10 distributor, if any, of new manufactured homes with whom 
11 the applicant has contracted for the sale of new 
12 manufactured homes. As evidence of this fact, the 
13 application shall be accompanied by a signed statement from 
14 each manufacturer or franchised distributor.
15  (5) A statement that the applicant has been approved 
16 for registration under the Retailers' Occupation Tax Act by 
17 the Department of Revenue, provided that this requirement 
18 does not apply to a manufactured home dealer who is already 
19 licensed with the Secretary of State, and who is merely 
20 applying for a renewal of his or her license. As evidence 
21 of this fact, the application shall be accompanied by a 
22 certification from the Department of Revenue showing that 
23 the Department has approved the applicant for registration 
24 under the Retailers' Occupation Tax Act.
25  (6) An application for:
26   (A) manufactured home dealer's license, when the 
 
 
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1 applicant is selling new manufactured homes on behalf 
2 of a manufacturer of manufactured homes or used 
3 manufactured homes, shall be accompanied by a $1,000 
4 license fee for the applicant's established place of 
5 business, and $100 for each additional place of 
6 business, if any, to which the application pertains. If 
7 the application is made after June 15 in any year, the 
8 license fee shall be $500 for the applicant's 
9 established place of business, and $50 for each 
10 additional place of business, if any, to which the 
11 application pertains. License fees shall be returnable 
12 only in the event that the application is denied by the 
13 Secretary of State; or
14   (B) a community-based manufactured home dealer's 
15 license, when the applicant is selling a manufactured 
16 home not on behalf of a manufacturer of manufactured 
17 homes, but within a community setting, shall be 
18 accompanied by a license fee of $500 for the 
19 applicant's established place of business, and $50 for 
20 each additional place of business, if any to which the 
21 application pertains. If the application is made after 
22 June 15 in any year, the license fee shall be $250 for 
23 the applicant's established place of business, and $50 
24 for each additional place of business, if any, to which 
25 the application pertains. License fees shall be 
26 returnable only in the event that the application is 
 
 
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1 denied by the Secretary of State. Of the monies 
2 received by the Secretary of State as license fees 
3 under this paragraph (6), 95% shall be deposited into 
4 the General Revenue Fund and 5% into the Motor Vehicle 
5 License Plate Fund.
6  (7) A statement that the applicant's officers, 
7 directors, and shareholders having a 10% or greater 
8 ownership interest therein, proprietor, a partner, member, 
9 officer, director, trustee, manager, or other principals 
10 in the business, have not committed in the past 3 years any 
11 one violation, as determined in any civil, criminal, or 
12 administrative hearing proceeding, of any one of the 
13 following Acts:
14   (A) the Anti Theft Laws of the Illinois Vehicle 
15 Code;
16   (B) the Certificate of Title Laws of the Illinois 
17 Vehicle Code;
18   (C) the Offenses against Registration and 
19 Certificates of Title Laws of the Illinois Vehicle 
20 Code;
21   (D) the Dealers, Transporters, Wreckers, and 
22 Rebuilders Laws of the Illinois Vehicle Code;
23   (E) Section 21-2 of the Criminal Code of 2012 
24 (criminal trespass to vehicles);
25   (F) the Retailers Occupation Tax Act;
26   (G) the Consumer Finance Act;
 
 
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1   (H) the Consumer Installment Loan Act;
2   (I) the Retail Installment Sales Act;
3   (J) the Motor Vehicle Retail Installment Sales 
4 Act;
5   (K) the Interest Act;
6   (L) the Illinois Wage Assignment Act;
7   (M) Part 8 of Article XII of the Code of Civil 
8 Procedure; or
9   (N) the Consumer Fraud Act.
10  (8) A statement that the applicant's officers, 
11 directors, and shareholders having a 10% or greater 
12 ownership interest therein, proprietor, a partner, member, 
13 officer, director, trustee, manager, or other principals 
14 in the business, have not been convicted in any calendar 
15 year, as determined in any criminal proceeding, of a 
16 forcible felony under the Criminal Code of 1961, the 
17 Criminal Code of 2012, or a similar out-of-state offense. 
18 For the purposes of this paragraph, "forcible felony" has 
19 the meaning as defined in Section 2-8 of the Criminal Code 
20 of 2012.
21  (9) A bond or certificate of deposit in the amount of 
22 $20,000 for each license holder applicant intending to act 
23 as a manufactured home dealer or community-based 
24 manufactured home dealer under this Section. The bond shall 
25 be for the term of the license, for which application is 
26 made, and shall expire not sooner than December 31 of the 
 
 
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1 year for which the license was issued. The bond shall run 
2 to the People of the State of Illinois, with surety by a 
3 bonding or insurance company authorized to do business in 
4 this State. It shall be conditioned upon the proper 
5 transmittal of all title and registration fees and taxes 
6 (excluding taxes under the Retailers' Occupation Tax Act) 
7 accepted by the applicant as a manufactured home dealer.
8  (10) Dealers in business for over 5 years may 
9 substitute a certificate of insurance in lieu of the bond 
10 or certificate of deposit upon renewing their license.
11  (11) Any other information concerning the business of 
12 the applicant as the Secretary of State may by rule 
13 prescribe.
14  (12) A statement that the applicant has read and 
15 understands Chapters 1 through 5 of this Code.
16 (d) Any change which renders no longer accurate any 
17information contained in any application for a manufactured 
18home dealer's license shall be amended within 30 days after the 
19occurrence of the change on a form the Secretary of State may 
20prescribe by rule, accompanied by an amendatory fee of $25.
21 (e) The Secretary of State shall, within a reasonable time 
22after receipt, examine an application submitted to him or her 
23under this Section, and unless he or she makes a determination 
24that the application submitted to him or her does not conform 
25with the requirements of this Section or that grounds exist for 
26a denial of the application under Section 5-501 of this 
 
 
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1Chapter, grant the applicant an initial manufactured home 
2dealer's license, or a community-based manufactured home 
3dealer's license, in writing for his or her established place 
4of business and a supplemental license in writing for each 
5additional place of business in a form the Secretary may 
6prescribe by rule, which shall include the following:
7  (1) the name of the person or entity licensed;
8  (2) if a corporation, the name and address of its 
9 officers; if a sole proprietorship, a partnership, an 
10 unincorporated association, or any similar form of 
11 business organization, the name and address of the 
12 proprietor, or the name and address of each partner, 
13 member, officer, director, trustee or manager; or if a 
14 limited liability company, the name and address of the 
15 general partner or partners, or managing member or members;
16  (3) in the case of an original license, the established 
17 place of business of the licensee;
18  (4) in the case of a supplemental license, the 
19 established place of business of the licensee and the 
20 additional place of business to which the supplemental 
21 license pertains; and
22  (5) if applicable, the make or makes of new 
23 manufactured homes to which a manufactured home dealer is 
24 licensed to sell.
25 (f) The appropriate instrument evidencing the license or a 
26certified copy of the instrument, provided by the Secretary of 
 
 
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1State, shall be kept posted conspicuously in the established 
2place of business of the licensee and in each additional place 
3of business, if any, maintained by the licensee, unless the 
4licensee is a community-based manufactured home dealer, then 
5the license shall be posted in the community-based manufactured 
6home dealer's central office and it shall include a list of the 
7other locations that the community-based manufactured home 
8dealer may oversee.
9 (g) Except as provided in subsection (i) of this Section, 
10all manufactured home dealer licenses granted under this 
11Section shall expire by operation of law on December 31 of the 
12calendar year for which the licenses were granted, unless 
13sooner revoked or cancelled under the provisions of Section 
145-501 of this Chapter.
15 (h) All persons licensed as a manufactured home dealer or a 
16community-based manufactured home dealer are required to 
17furnish each purchaser of a manufactured home:
18  (1) in the case of a new manufactured home, a 
19 manufacturer's statement of origin, and in the case of a 
20 previously owned manufactured home, a certificate of 
21 title, in either case properly assigned to the purchaser;
22  (2) a statement verified under oath that all 
23 identifying numbers on the vehicle match the identifying 
24 numbers on the certificate of title or manufacturer's 
25 statement of origin;
26  (3) a bill of sale properly executed on behalf of the 
 
 
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1 purchaser;
2  (4) a copy of the Uniform Invoice-transaction 
3 reporting return form referred to in Section 5-402; and
4  (5) for a new manufactured home, a warranty, and in the 
5 case of a manufactured home for which the warranty has been 
6 reinstated, a copy of the warranty.
7 (i) This Section shall not apply to a seller who privately 
8owns his or her manufactured home as his or her main residence 
9and is selling the manufactured home to another individual or 
10to a licensee.
11 (j) This section shall not apply to any person licensed 
12under the Real Estate License Act of 2000.
13 (k) The Secretary of State may adopt any rules necessary to 
14implement this Section.