HB1142sam001 96TH GENERAL ASSEMBLY

Sen. James F. Clayborne Jr.

Filed: 5/14/2009

09600HB1142sam001 LRB096 08678 KTG 26256 a

AMENDMENT TO HOUSE BILL 1142

AMENDMENT NO. ______. Amend House Bill 1142 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Modular Housing Buyer Protection Act.

Section 5. Definitions. As used in this Act:

"Consumer" means an individual who purchases a new modular housing unit from the seller for primarily personal, household, or family purposes.

"Express warranty" has the meaning given to that term in the Uniform Commercial Code.

"Modular home" means factory built housing regulated by the Illinois Department of Public Health that consists of a building assembly or system of building sub-assemblies, designed for habitation as a dwelling for one or more persons, including the necessary electrical, plumbing, heating, ventilating, and other service systems, which is of closed or open construction and which is made or assembled by a manufacturer, on or off the building site, for installation, or assembly and installation, on the building site with a permanent foundation.

Section 10. State-approved modular housing units; state-approved seals; construction requirements.

(a) The state-approved modular dwelling unit must comply with all applicable Illinois statutes pertaining to modular dwelling units. Failure to comply with any provisions of the prevailing statutes shall constitute sufficient grounds for suspension, revocation, or refusal to grant approval to a manufacturer or an authorized inspection agency. These actions shall be governed by the Department of Public Health's Rules of Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100).

(b) An approved modular housing unit shall have a yellow seal on the electrical panel box of the home or on the inside of the kitchen sink cabinet.

(c) Unlike manufactured homes, the local building official may require additional items other than the minimum State requirements to be incorporated into the construction.

Section 15. Application of Act. This Act shall apply to modular housing sold after the effective date of this Act.".