Illinois General Assembly - Full Text of HB5938
Illinois General Assembly

Previous General Assemblies

Full Text of HB5938  98th General Assembly


Rep. Daniel V. Beiser

Filed: 3/27/2014





09800HB5938ham003LRB098 18594 HLH 57631 a


2    AMENDMENT NO. ______. Amend House Bill 5938 on page 2, line
36, after "if", by inserting "the wheels, axles, and towing
4hitch are removed, and"; and
5on page 2, line 9, after the period, by inserting "The
6certification of a certified residential real estate
7appraiser, a certified general real estate appraiser, a
8licensed manufactured home installer, or a licensed
9professional engineer that the home is affixed to a permanent
10foundation shall establish conclusively that the home is
11affixed to a permanent foundation."; and
12on page 2, line 18, after "affixed", by inserting "to"; and
13on page 2, line 19, by replacing "to" with "on"; and
14on page 6, line 26, by deleting "and"; and



09800HB5938ham003- 2 -LRB098 18594 HLH 57631 a

1on 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
9on page 11, immediately below line 7, by inserting the
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
18on page 14, line 12, by replacing "permanently affixed to land"
19with "affixed to a permanent foundation"; and
20on page 14, line 18, by replacing "5" with "5-25"; and
21on page 14, immediately below line 20, by inserting the



09800HB5938ham003- 3 -LRB098 18594 HLH 57631 a

2    "A conclusive presumption shall arise that the averments of
3the recorded affidavit of affixation establish that, for all
4purposes, the manufactured home is real property."; and
5by replacing everything from line 12 on page 15 through line 1
6on page 16 with the following:
7    "Section 5-40. Exclusive procedure. The method of
8converting a manufactured home to real property set forth in
9Section 5-10 of this Act shall be exclusive, and shall supplant
10the common law of fixtures as it relates to manufactured
11homes."; and
12on page 133, line 26, after "Code", by inserting ". The term
13"manufactured home" does not include campers and recreational