Bill Text: IL SB2203 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends a Section of the Illinois Vehicle Code relating to the licensure of manufactured home 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB2203 Detail]

Download: Illinois-2021-SB2203-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2203 Introduced 2/26/2021, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
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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A BILL FOR
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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 manufactured homes or park models per
calendar year that are located within the manufactured
home community pursuant to a franchise agreement or
similar agreement with a manufacturer, or used

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manufactured homes or park models located within the
manufactured home community or additional place of
business 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

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homes or park models, or 5 or more used manufactured
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, 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

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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.
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;

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(E) Section 21-2 of the Criminal Code of 2012
(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

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dealer.
(9) Dealers in business for over 5 years may
substitute 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:

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(1) the name of the person or entity licensed;
(2) if a corporation, the name and address of its
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

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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
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

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purchaser;
(4) a copy of the Uniform Invoice-transaction
reporting return form referred to in Section 5-402; and
(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. 101-407, eff. 8-16-19.)