Bill Text: IL SB1602 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Changes the definition of "community-based manufactured home dealer" to include a person who buys a new manufactured home or park model that is located within the manufactured home community pursuant to a franchise agreement or similar agreement with a manufacturer, or a used manufactured home or park model located within the manufactured home community, with either the new or used manufactured home also able to be located in a different manufactured home community that is owned or managed by the community-based manufactured home dealer. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0407 [SB1602 Detail]

Download: Illinois-2019-SB1602-Engrossed.html

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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

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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

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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

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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,

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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

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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

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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

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(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

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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

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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

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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

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(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.