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Rep. Daniel V. Beiser
Filed: 3/24/2014
| | 09800HB5938ham002 | | LRB098 18594 HLH 56778 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5938
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5938 on page 2, line |
| 3 | | 6, after "if", by inserting "the wheels, axles, and towing |
| 4 | | hitch are removed, and"; and
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| 5 | | on page 2, line 9, after the period, by inserting "The |
| 6 | | certification of a certified residential real estate |
| 7 | | appraiser, a certified general real estate appraiser, a |
| 8 | | licensed manufactured home installer, or a licensed |
| 9 | | professional engineer that the home is affixed to a permanent |
| 10 | | foundation shall establish conclusively that the home is |
| 11 | | affixed to a permanent foundation."; and
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| 12 | | on page 2, line 18, after "affixed", by inserting "to"; and
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| 13 | | on page 2, line 19, by replacing "to" with "on"; and
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| 14 | | on page 6, line 26, by deleting "and"; and
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| | 09800HB5938ham002 | - 2 - | LRB098 18594 HLH 56778 a |
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| 1 | | on page 7, by replacing line 6 with the following: |
| 2 | | "property records, as provided in Section 5-25 of this Act; |
| 3 | | and |
| 4 | | (8) the certification of a certified residential real |
| 5 | | estate appraiser, a certified general real estate |
| 6 | | appraiser, a licensed manufactured home installer, or a |
| 7 | | licensed professional engineer, as provided in Section 5-5 |
| 8 | | of this Act."; and
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| 9 | | on page 11, immediately below line 7, by inserting the |
| 10 | | following: |
| 11 | | "15. The certification, pursuant to Section 5-5 of the |
| 12 | | Conveyance and Encumbrance of Manufactured Homes as Real |
| 13 | | Property and Severance Act, of a certified residential real |
| 14 | | estate appraiser, a certified general real estate |
| 15 | | appraiser, a licensed manufactured home installer, or a |
| 16 | | licensed professional engineer that the home is affixed to |
| 17 | | a permanent foundation is attached to this Affidavit."; and
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| 18 | | on page 14, line 18, by replacing "5" with "5-25"; and
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| 19 | | on page 14, immediately below line 20, by inserting the |
| 20 | | following: |
| 21 | | "A conclusive presumption shall arise that the averments of |
| 22 | | the recorded affidavit of affixation establish that, for all |
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| 1 | | purposes, the manufactured home is real property."; and
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| 2 | | by replacing everything from line 12 on page 15 through line 1 |
| 3 | | on page 16 with the following:
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| 4 | | "Section 5-40. Exclusive procedure. The method of |
| 5 | | converting a manufactured home to real property set forth in |
| 6 | | Section 5-10 of this Act shall be exclusive, and shall supplant |
| 7 | | the common law of fixtures as it relates to manufactured |
| 8 | | homes."; and
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| 9 | | on page 133, line 26, after "Code", by inserting ". The term |
| 10 | | "manufactured home" does not include campers and recreational |
| 11 | | vehicles".
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