Illinois General Assembly - Full Text of SB2203
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Full Text of SB2203  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr.


625 ILCS 5/5-101.2

    Amends a Section of the Illinois Vehicle Code relating to the licensure of manufactured hone dealers. Removes the requirement that the dealer sell, trade, or buy no more than 2 manufactured homes per calendar year in order to qualify as a community-based manufactured home dealer.

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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
5changing Section 5-101.2 as follows:
6    (625 ILCS 5/5-101.2)
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 which contain sites with
13    the necessary utilities for 5 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
19    operation of the manufactured home community, sell, trade,
20    or buy no more than 2 manufactured homes or park models per
21    calendar year that are located within the manufactured
22    home community pursuant to a franchise agreement or
23    similar agreement with a manufacturer, or used



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1    manufactured homes or park models located within the
2    manufactured home community or additional place of
3    business that is owned or managed by the community-based
4    manufactured home dealer.
5        "Established place of business" means the place owned
6    or leased and occupied by any person duly licensed or
7    required to be licensed as a manufactured home dealer or a
8    community-based manufactured home dealer for the purpose
9    of engaging in selling, buying, bartering, displaying,
10    exchanging, or dealing in, on consignment or otherwise,
11    manufactured homes or park models and for such other
12    ancillary purposes as may be permitted by the Secretary by
13    rule. An established place of business shall include a
14    single or central office in which the manufactured home
15    dealer's or community-based manufactured home dealer's
16    records shall be separate and distinct from any other
17    business or tenant which may occupy space in the same
18    building, except as provided in this Section, and the
19    office shall not be located in a tent, temporary stand,
20    temporary address, room or rooms in a hotel or rooming
21    house, nor the premises occupied by a single or multiple
22    unit residence, unless the multiple unit residence has a
23    separate and distinct office.
24        "Manufactured home" means a factory assembled
25    structure built on a permanent chassis, transportable in
26    one or more sections in the travel mode, incapable of



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1    self-propulsion, and bears a label indicating the
2    manufacturer's compliance with the United States
3    Department of Housing and Urban Development standards, as
4    applicable, that is without a permanent foundation and is
5    designed for year round occupancy as a single-family
6    residence when connected to approved water, sewer, and
7    electrical utilities.
8        "Manufactured home dealer" means an individual or
9    entity that engages in the business of acquiring or
10    disposing of a manufactured home or park model, either a
11    new manufactured home or park model, pursuant to a
12    franchise agreement with a manufacturer, or used
13    manufactured homes or park models, and who has an
14    established place of business that is not in a residential
15    community-based setting.
16        "Park model" means a vehicle that is incapable of
17    self-propulsion that is less than 400 square feet of
18    habitable space that is built to American National
19    Standards Institute (ANSI) standards that prohibits
20    occupancy on a permanent basis and is built on a vehicle
21    chassis.
22        "Supplemental license" means a license that a
23    community-based manufactured home dealer receives and
24    displays at locations in which the licensee is authorized
25    to sell, buy, barter, display, exchange, or deal in, on
26    consignment or otherwise, manufactured homes or park



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1    models, but is not the established place of business of
2    the licensee.
3    (b) No person shall engage in this State in the business of
4selling or dealing in, on consignment or otherwise,
5manufactured homes or park models of any make, or act as an
6intermediary, agent, or broker for any manufactured home or
7park model purchaser, other than as a salesperson or to
8represent or advertise that he or she is so engaged, or intends
9to so engage, in the business, unless licensed to do so by the
10Secretary of State under the provisions of this Section.
11    (c) An application for a manufactured home dealer's
12license or a community-based manufactured home dealer's
13license shall be filed with the Secretary of State and duly
14verified by oath, on such form as the Secretary of State may by
15rule prescribe and shall contain all of the following:
16        (1) The name and type of business organization of the
17    applicant, and his or her established and additional
18    places of business, if any, in this State.
19        (2) If the applicant is a corporation, a list of its
20    officers, directors, and shareholders having a 10% or
21    greater ownership interest in the corporation. If the
22    applicant is a sole proprietorship, a partnership, a
23    limited liability company, an unincorporated association,
24    a trust, or any similar form of business organization, the
25    name and residence address of the proprietor, or the name
26    and residence address of each partner, member, officer,



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1    director, trustee, or manager.
2        (3) The make or makes of new manufactured homes or
3    park models that the applicant will offer for sale at
4    retail in the State.
5        (4) The name of each manufacturer or franchised
6    distributor, if any, of new manufactured homes or park
7    models with whom the applicant has contracted for the sale
8    of new manufactured homes or park models. As evidence of
9    this fact, the application shall be accompanied by a
10    signed statement from each manufacturer or franchised
11    distributor.
12        (5) A statement that the applicant has been approved
13    for registration under the Retailers' Occupation Tax Act
14    by the Department of Revenue, provided that this
15    requirement does not apply to a manufactured home dealer
16    who is already licensed with the Secretary of State, and
17    who is merely applying for a renewal of his or her license.
18    As evidence of this fact, the application shall be
19    accompanied by a certification from the Department of
20    Revenue showing that the Department has approved the
21    applicant for registration under the Retailers' Occupation
22    Tax Act.
23        (6) An application for:
24            (A) a manufactured home dealer's license, when the
25        applicant is selling new manufactured homes or park
26        models on behalf of a manufacturer of manufactured



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1        homes or park models, or 5 or more used manufactured
2        homes or park models during the calendar year, shall
3        be accompanied by a $1,000 license fee for the
4        applicant's established place of business, and $100
5        for each additional place of business, if any, to
6        which the application pertains. If the application is
7        made after June 15 in any year, the license fee shall
8        be $500 for the applicant's established place of
9        business, and $50 for each additional place of
10        business, if any, to which the application pertains.
11        License fees shall be returnable only in the event
12        that the application is denied by the Secretary of
13        State; or
14            (B) a community-based manufactured home dealer's
15        license, when the applicant is selling new
16        manufactured homes or park models on behalf of a
17        manufacturer of manufactured homes or park models, or
18        5 or more used manufactured homes or park models
19        during the calendar year, but within a community
20        setting, shall be accompanied by a license fee of $500
21        for the applicant's established place of business, and
22        $50 for each additional place of business within a
23        50-mile radius of the established place of business,
24        if any to which the application pertains. If the
25        application is made after June 15 in any year, the
26        license fee shall be $250 for the applicant's



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1        established place of business, and $50 for each
2        additional place of business, if any, to which the
3        application pertains. License fees shall be returnable
4        only in the event that the application is denied by the
5        Secretary of State.
6            Of the monies received by the Secretary of State
7        as license fees under this paragraph (6), 95% shall be
8        deposited into the General Revenue Fund and 5% into
9        the Motor Vehicle License Plate Fund.
10        (7) 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 committed in the past 3 years any
15    one violation, as determined in any civil, criminal, or
16    administrative hearing proceeding, of any one of the
17    following Acts:
18            (A) the Anti Theft Laws of the Illinois Vehicle
19        Code;
20            (B) the Certificate of Title Laws of the Illinois
21        Vehicle Code;
22            (C) the Offenses against Registration and
23        Certificates of Title Laws of the Illinois Vehicle
24        Code;
25            (D) the Dealers, Transporters, Wreckers, and
26        Rebuilders Laws of the Illinois Vehicle Code;



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1            (E) Section 21-2 of the Criminal Code of 2012
2        (criminal trespass to vehicles);
3            (F) the Retailers Occupation Tax Act;
4            (G) the Consumer Finance Act;
5            (H) the Consumer Installment Loan Act;
6            (I) the Retail Installment Sales Act;
7            (J) the Motor Vehicle Retail Installment Sales
8        Act;
9            (K) the Interest Act;
10            (L) the Illinois Wage Assignment Act;
11            (M) Part 8 of Article XII of the Code of Civil
12        Procedure; or
13            (N) the Consumer Fraud Act.
14        (8) A bond or certificate of deposit in the amount of
15    $20,000 for each license holder applicant intending to act
16    as a manufactured home dealer or community-based
17    manufactured home dealer under this Section. The bond
18    shall be for the term of the license, for which
19    application is made, and shall expire not sooner than
20    December 31 of the year for which the license was issued.
21    The bond shall run to the People of the State of Illinois,
22    with surety by a bonding or insurance company authorized
23    to do business in this State. It shall be conditioned upon
24    the proper transmittal of all title and registration fees
25    and taxes (excluding taxes under the Retailers' Occupation
26    Tax Act) accepted by the applicant as a manufactured home



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1    dealer.
2        (9) Dealers in business for over 5 years may
3    substitute a certificate of insurance in lieu of the bond
4    or certificate of deposit upon renewing their license.
5        (10) Any other information concerning the business of
6    the applicant as the Secretary of State may by rule
7    prescribe.
8        (11) A statement that the applicant has read and
9    understands Chapters 1 through 5 of this Code.
10    (d) Any change which renders no longer accurate any
11information contained in any application for a license under
12this Section shall be amended within 30 days after the
13occurrence of the change on a form the Secretary of State may
14prescribe, by rule, accompanied by an amendatory fee of $25.
15    (e) The Secretary of State shall, within a reasonable time
16after receipt, examine an application submitted to him or her
17under this Section, and unless he or she makes a determination
18that the application submitted to him or her does not conform
19with the requirements of this Section or that grounds exist
20for a denial of the application under Section 5-501 of this
21Chapter, grant the applicant an initial manufactured home
22dealer's license or a community-based manufactured home
23dealer's license in writing for his or her established place
24of business and a supplemental license in writing for each
25additional place of business in a form the Secretary may
26prescribe by rule, which shall include the following:



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1        (1) the name of the person or entity licensed;
2        (2) if a corporation, the name and address of its
3    officers; if a sole proprietorship, a partnership, an
4    unincorporated association, or any similar form of
5    business organization, the name and address of the
6    proprietor, or the name and address of each partner,
7    member, officer, director, trustee or manager; or if a
8    limited liability company, the name and address of the
9    general partner or partners, or managing member or
10    members;
11        (3) in the case of an original license, the
12    established place of business of the licensee;
13        (4) in the case of a supplemental license, the
14    established place of business of the licensee and the
15    distance to each additional place of business to which the
16    supplemental license pertains; and
17        (5) if applicable, the make or makes of new
18    manufactured homes or park models to which a manufactured
19    home dealer is licensed to sell.
20    (e-5) A manufactured home dealer may operate a
21supplemental lot if the lot is located within 50 miles of the
22manufactured home dealer's principal place of business.
23Records pertaining to a supplemental lot may be maintained at
24the principal place of business.
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
6manufactured home dealer's central office and it shall include
7a list of the other locations that the community-based
8manufactured home dealer may oversee.
9    (g) Except as provided in subsection (i) of this Section,
10all licenses granted under this Section shall expire by
11operation of law on December 31 of the calendar year for which
12the licenses were granted, unless sooner revoked or cancelled
13under the provisions of Section 5-501 of this Chapter.
14    (h) All persons licensed as a manufactured home dealer or
15a community-based manufactured home dealer are required to
16furnish each purchaser of a manufactured home or park model:
17        (1) in the case of a new manufactured home or park
18    model, a manufacturer's statement of origin, and in the
19    case of a previously owned manufactured home or park
20    model, a certificate of title, in either case properly
21    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 or park model, a
5    warranty, and in the case of a manufactured home or park
6    model for which the warranty has been reinstated, a copy
7    of the warranty; if no warranty is provided, a disclosure
8    or statement that the manufactured home or park model is
9    being sold "AS IS".
10    (i) This Section shall not apply to a (i) seller who
11privately owns his or her manufactured home or park model as
12his or her main residence and is selling the manufactured home
13or park model to another individual or to a licensee; (ii) a
14retailer or entity licensed under either Section 5-101 or
155-102 of this Code; or (iii) an individual or entity licensed
16to sell truck campers, travel trailers, motor homes, or mini
17motor homes as defined by this Code. Any vehicle not covered by
18this Section that requires an individual or entity to obtain a
19license to sell 5 or more vehicles must obtain a license under
20the relevant provisions of this Code.
21    (j) This Section shall not apply to any person licensed
22under the Real Estate License Act of 2000.
23    (k) The Secretary of State may adopt any rules necessary
24to implement this Section.
25(Source: P.A. 101-407, eff. 8-16-19.)