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Public Act 099-0593
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| HB1056 Enrolled | LRB099 04886 RJF 24915 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 5-401.2 and by adding Section 5-101.2 as follows:
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(625 ILCS 5/5-101.2 new) |
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 a manufactured home or |
park model that is located within the manufactured home |
community or is located in a different manufactured home |
community that is owned or managed by the community-based |
manufactured home dealer. |
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"Established place of business" means the place owned
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or leased and occupied by any person duly licensed or
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required to be licensed as a manufactured home dealer or a
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community-based manufactured home dealer for the purpose
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of engaging in selling, buying, bartering, displaying,
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exchanging, or dealing in, on consignment or otherwise,
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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
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structure built on a permanent chassis, transportable in
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one or more sections in the travel mode, incapable of
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self-propulsion, and bears a label indicating the
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manufacturer's compliance with the United States
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Department of Housing and Urban Development standards, as |
applicable, that is without a permanent foundation and is |
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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 |
models, but is not the established place of business of the |
licensee. |
(b) No person shall engage in this State in the business of
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selling or dealing in, on consignment or otherwise,
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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
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applicant, and his or her established and additional places
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of business, if any, in this State. |
(2) If the applicant is a corporation, a list of its
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officers, directors, and shareholders having a 10% or
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greater ownership interest in the corporation. If the
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applicant is a sole proprietorship, a partnership, a
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limited liability company, an unincorporated association,
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a trust, or any similar form of business organization, the
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name and residence address of the proprietor, or the name
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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. |
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(4) The name of each manufacturer or franchised
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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
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for registration under the Retailers' Occupation Tax Act by
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the Department of Revenue, provided that this requirement
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does not apply to a manufactured home dealer who is already
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licensed with the Secretary of State, and who is merely
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applying for a renewal of his or her license. As evidence
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of this fact, the application shall be accompanied by a
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certification from the Department of Revenue showing that
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the Department has approved the applicant for registration
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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 |
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 |
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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
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license, when the applicant is selling 5 or more |
manufactured
homes during the calendar year not on |
behalf of a manufacturer of manufactured
homes, 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, 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 |
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. |
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(7) A statement that the applicant's officers,
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directors, and shareholders having a 10% or greater
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ownership interest therein, proprietor, a partner, member,
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officer, director, trustee, manager, or other principals
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in the business, have not committed in the past 3 years any
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one violation, as determined in any civil, criminal, or
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administrative hearing proceeding, of any one of the
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following Acts: |
(A) the Anti Theft Laws of the Illinois Vehicle
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Code; |
(B) the Certificate of Title Laws of the Illinois
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Vehicle Code; |
(C) the Offenses against Registration and
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Certificates of Title Laws of the Illinois Vehicle |
Code; |
(D) the Dealers, Transporters, Wreckers, and
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Rebuilders Laws of the Illinois Vehicle Code; |
(E) Section 21-2 of the Criminal Code of 2012
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(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; |
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(L) the Illinois Wage Assignment Act; |
(M) Part 8 of Article XII of the Code of Civil
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Procedure; or |
(N) the Consumer Fraud Act. |
(8) A bond or certificate of deposit in the amount of
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$20,000 for each license holder applicant intending to act
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as a manufactured home dealer or community-based
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manufactured home dealer under this Section. The bond shall
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be for the term of the license, for which application is
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made, and shall expire not sooner than December 31 of the
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year for which the license was issued. The bond shall run
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to the People of the State of Illinois, with surety by a
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bonding or insurance company authorized to do business in
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this State. It shall be conditioned upon the proper
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transmittal of all title and registration fees and taxes
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(excluding taxes under the Retailers' Occupation Tax Act)
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accepted by the applicant as a manufactured home 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
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the applicant as the Secretary of State may by rule
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prescribe. |
(11) A statement that the applicant has read and
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understands Chapters 1 through 5 of this Code. |
(d) Any change which renders no longer accurate any
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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
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after receipt, examine an application submitted to him or her
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under this Section, and unless he or she makes a determination
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that the application submitted to him or her does not conform
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with the requirements of this Section or that grounds exist for
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a denial of the application under Section 5-501 of this
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Chapter, grant the applicant an initial manufactured home
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dealer's license or a community-based manufactured home
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dealer's license in writing for his or her established place
of |
business and a supplemental license in writing for each
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additional place of business in a form the Secretary may
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prescribe by rule, which shall include the following: |
(1) the name of the person or entity licensed; |
(2) if a corporation, the name and address of its
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officers; if a sole proprietorship, a partnership, an
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unincorporated association, or any similar form of
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business organization, the name and address of the
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proprietor, or the name and address of each partner,
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member, officer, director, trustee or manager; or if a
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limited liability company, the name and address of the
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general partner or partners, or managing member or members; |
(3) in the case of an original license, the established |
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place of business of the licensee; |
(4) in the case of a supplemental license, the
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established place of business of the licensee and the
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additional place of business to which the supplemental
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license pertains; and |
(5) if applicable, the make or makes of new
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manufactured homes or park models to which a manufactured |
home dealer is licensed to sell. |
(f) The appropriate instrument evidencing the license or a
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certified copy of the instrument, provided by the Secretary of
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State, shall be kept posted conspicuously in the established
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place of business of the licensee and in each additional place
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of business, if any, maintained by the licensee, unless the
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licensee is a community-based manufactured home dealer, then
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the license shall be posted in the community-based manufactured
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home dealer's central office and it shall include a list of the
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other locations that the community-based manufactured home
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dealer may oversee. |
(g) Except as provided in subsection (i) of this Section,
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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
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community-based manufactured home dealer are required to
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furnish each purchaser of a manufactured home or park model: |
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(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
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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
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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 |
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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
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under the Real Estate License Act of 2000. |
(k) The Secretary of State may adopt any rules necessary to |
implement this Section.
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(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
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Sec. 5-401.2. Licensees required to keep records and make |
inspections.
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(a) Every person licensed or required to be licensed under |
Section 5-101,
5-101.1, 5-101.2, 5-102, 5-301 or 5-302 of this |
Code, shall, with the exception of
scrap
processors, maintain |
for 3 years, in a form as the Secretary of State may by
rule or |
regulation prescribe, at his established place of business, |
additional
place of business, or principal place of business if |
licensed under Section
5-302, the following records relating to |
the acquisition or disposition of
vehicles and their essential |
parts possessed in this State, brought into this
State from |
another state, territory or country, or sold or transferred to
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another person in this State or in another state, territory, or |
country.
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(1) The following records pertaining to new or used |
vehicles shall be
kept:
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(A) the year, make, model, style and color of the |
vehicle;
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(B) the vehicle's manufacturer's identification |
number or, if
applicable, the Secretary of State or |
Illinois Department of State Police
identification |
number;
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(C) the date of acquisition of the vehicle;
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(D) the name and address of the person from whom |
the vehicle was
acquired and, if that person is a |
dealer, the Illinois or out-of-state
dealer license |
number of such person;
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(E) the signature of the person making the |
inspection of a used vehicle
as required under |
subsection (d) of this Section, if applicable;
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(F) the purchase price of the vehicle, if |
applicable;
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(G) the date of the disposition of the vehicle;
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(H) the name and address of the person to whom any |
vehicle was
disposed, and if that person is a dealer, |
the Illinois
or out-of-State dealer's license number |
of that dealer;
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(I) the uniform invoice number reflecting the |
disposition of the
vehicle, if applicable; and
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(J) The sale price of the vehicle, if applicable.
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(2) (A) The following records pertaining to used |
essential
parts other than quarter panels and |
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transmissions of vehicles of the first
division shall be |
kept:
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(i) the year, make, model, color and type of such |
part;
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(ii) the vehicle's manufacturer's identification |
number, derivative
number, or, if applicable, the |
Secretary of State or Illinois Department of
State |
Police identification number of such part;
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(iii) the date of the acquisition of each part;
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(iv) the name and address of the person from whom |
the part was
acquired and, if that person is a dealer, |
the Illinois or out-of-state
dealer license number of |
such person; if the essential part being acquired
is |
from a person other than a dealer, the licensee shall |
verify and record
that person's identity by recording |
the identification numbers from at
least two sources of |
identification, one of which shall be a drivers
license |
or State identification card;
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(v) the uniform invoice number or out-of-state |
bill of sale number
reflecting the acquisition of such |
part;
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(vi) the stock number assigned to the essential |
part by the licensee,
if applicable;
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(vii) the date of the disposition of such part;
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(viii) the name and address of the person to whom |
such
part was disposed of and, if that person is a |
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dealer, the Illinois or
out-of-state dealer license |
number of that person;
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(ix) the uniform invoice number reflecting the |
disposition of
such part.
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(B) Inspections of all essential parts shall be |
conducted in accordance
with Section 5-402.1.
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(C) A separate entry containing all of the information |
required to be
recorded in subparagraph (A) of paragraph |
(2) of subsection (a) of this
Section shall be made for |
each separate essential part. Separate entries
shall be |
made regardless of whether the part was a large purchase
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acquisition. In addition, a separate entry shall be made |
for each part
acquired for immediate sale or transfer, or |
for placement into the overall
inventory or stock to be |
disposed of at a later time, or for use on a
vehicle to be |
materially altered by the licensee, or acquired for any |
other
purpose or reason. Failure to make a separate entry |
for each essential part
acquired or disposed of, or a |
failure to record any of the specific
information required |
to be recorded concerning the acquisition or
disposition of |
each essential part as set forth in subparagraph (A) of
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paragraph (2) of subsection (a) shall constitute a failure |
to keep records.
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(D) The vehicle's manufacturer's identification number |
or Secretary of
State or Illinois Department of State |
Police identification number for the
essential part shall |
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be ascertained and recorded even if such part is
acquired |
from a person or dealer located in a State, territory, or |
country
which does not require that such information be |
recorded. If the vehicle's
manufacturer's identification |
number or Secretary of State or
Illinois Department of |
State Police identification number for an essential part
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cannot be obtained, that part shall not be acquired by the |
licensee or any of
his agents or employees. If such part or |
parts were physically acquired by the
licensee or any of |
his agents or employees while the licensee or
agent or |
employee was outside this State, that licensee or agent or
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employee was outside the State, that licensee, agent or |
employee shall not
bring such essential part into this |
State or cause it to be brought into
this State. The |
acquisition or disposition of an essential part by a
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licensee without the recording of the vehicle |
identification number or
Secretary of State identification |
number for such part or the
transportation into the State |
by the licensee or his agent or employee of
such part or |
parts shall constitute a failure to keep records.
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(E) The records of essential parts required to be kept |
by this Section
shall apply to all hulks, chassis, frames |
or cowls, regardless of the age
of those essential parts. |
The records required to be kept by this Section
for |
essential parts other than hulks, chassis, frames or cowls, |
shall apply
only to those essential parts which are 6 model |
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years of age or newer. In
determining the model year of |
such an essential part it may be presumed
that the |
identification number of the vehicle from which the |
essential part
came or the identification number affixed to |
the essential part itself
acquired by the licensee denotes |
the model year of that essential part.
This presumption, |
however, shall not apply if the gross appearance of the
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essential part does not correspond to the year, make or |
model of either the
identification number of the vehicle |
from which the essential part is
alleged to have come or |
the identification number which is affixed to the
essential |
part itself. To determine whether an essential part is 6 |
years
of age or newer within this paragraph, the model year |
of the
essential part shall be subtracted from the calendar |
year in which the
essential part is acquired or disposed of |
by the licensee. If the
remainder is 6 or less, the record |
of the acquisition or disposition of
that essential part |
shall be kept as required by this Section.
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(F) The requirements of paragraph (2) of subsection (a) |
of this
Section shall not apply to the disposition of an |
essential part other than
a cowl which has been damaged or |
altered to a state in which it can no
longer be returned to |
a usable condition and which is being sold or
transferred |
to a scrap processor or for delivery to a scrap processor.
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(3) the following records for vehicles on which junking |
certificates are
obtained shall be kept:
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(A) the year, make, model, style and color of the |
vehicle;
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(B) the vehicle's manufacturer's identification number |
or, if
applicable, the Secretary of State or Illinois |
Department of State Police
identification number;
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(C) the date the vehicle was acquired;
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(D) the name and address of the person from whom the |
vehicle was
acquired and, if that person is a dealer, the |
Illinois or out-of-state
dealer license number of that |
person;
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(E) the certificate of title number or salvage |
certificate number for
the vehicle, if applicable;
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(F) the junking certificate number obtained by the |
licensee; this entry
shall be recorded at the close of |
business of the fifth business
day after
receiving the |
junking certificate;
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(G) the name and address of the person to whom the |
junking certificate
has been assigned, if applicable, and |
if that person is a dealer, the Illinois
or out-of-state |
dealer license number of that dealer;
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(H) if the vehicle or any part of the vehicle is |
dismantled for its
parts to be disposed of in any way, or |
if such parts are to be used by the
licensee to materially |
alter a vehicle, those essential parts shall be
recorded |
and the entries required by
paragraph (2) of subsection (a) |
shall be made.
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(4) The following records for rebuilt vehicles shall be |
kept:
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(A) the year, make, model, style and color of the |
vehicle;
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(B) the vehicle's manufacturer's identification number |
of the vehicle
or, if applicable, the Secretary of State or |
Illinois Department of State
Police identification number;
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(C) the date the vehicle was acquired;
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(D) the name and address of the person from whom the
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vehicle was acquired, and if that person is a dealer, the |
Illinois or
out-of-state dealer license number of that
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person;
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(E) the salvage certificate number for the vehicle;
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(F) the newly issued certificate of title number for |
the vehicle;
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(G) the date of disposition of the vehicle;
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(H) the name and address of the person to whom the |
vehicle was
disposed, and if a dealer, the Illinois or |
out-of-state dealer license
number of that dealer;
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(I) The sale price of the vehicle.
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(a-1) A person licensed or required to be licensed under |
Section 5-101 or
Section 5-102 of this Code who issues |
temporary registration permits as
permitted by
this Code and by |
rule must electronically file the registration with the
|
Secretary and must maintain records of the registration in the |
manner
prescribed by the Secretary.
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(b) A failure to make separate entries for each vehicle |
acquired,
disposed of, or assigned, or a failure to record any |
of the specific
information required to be recorded concerning |
the acquisition or
disposition of each vehicle as set forth in |
paragraphs (1),
(3) and (4) of subsection (a) shall constitute |
a failure to keep records.
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(c) All entries relating to the acquisition of a vehicle or |
essential
part required by subsection (a) of this Section shall |
be recorded no later than
the close of business on the seventh |
calendar day following such acquisition.
All entries relating |
to the disposition of a vehicle or an essential part
shall be |
made at the time of such disposition. If the vehicle or |
essential
part was disposed of on the same day as its |
acquisition or the day
thereafter, the entries relating to the |
acquisition of the vehicle or
essential part shall be made at |
the time of the disposition of the vehicle
or essential part. |
Failure to make the entries required in or at the times
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prescribed by this subsection following the acquisition or |
disposition of
such vehicle or essential part shall constitute |
a failure to keep records.
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(d) Every person licensed or required to be licensed shall,
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before accepting delivery of a used vehicle, inspect the
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vehicle to determine whether the manufacturer's public vehicle
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identification number has been defaced, destroyed,
falsified, |
removed, altered, or tampered with in any way. If the person
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making the inspection determines that the manufacturer's |
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public vehicle
identification number has been altered, |
removed, defaced, destroyed,
falsified or tampered with he |
shall not acquire that vehicle but instead
shall promptly |
notify law enforcement authorities of his finding.
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(e) The information required to be kept in subsection (a) |
of this
Section shall be kept in a manner prescribed by rule or |
regulation of the
Secretary of State.
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(f) Every person licensed or required to be licensed shall |
have in his
possession a separate certificate of title, salvage |
certificate, junking
certificate, certificate of purchase, |
uniform invoice, out-of-state bill of
sale or other acceptable |
documentary evidence of his right to the
possession of every |
vehicle or essential part.
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(g) Every person licensed or required to be licensed as a |
transporter
under Section 5-201 shall maintain for 3 years, in |
such form as the
Secretary of State may by rule or regulation |
prescribe, at his principal
place of business a record of every |
vehicle transported by him, including
numbers of or other marks |
of identification thereof, the names and
addresses of persons |
from whom and to whom the vehicle was delivered and
the dates |
of delivery.
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(h) No later than 15 days prior to going out of business, |
selling the
business, or transferring the ownership of the |
business, the licensee shall
notify the Secretary of State that |
he is going out of business or that he
is transferring the |
ownership of the business. Failure to notify under this
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paragraph shall constitute a failure to keep records.
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(i) (Blank).
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(j) A person who knowingly fails to comply with the |
provisions of this
Section or
knowingly fails to obey, observe, |
or comply with any order of the Secretary or
any law
|
enforcement agency issued
in accordance with this Section is |
guilty of a Class B misdemeanor for the
first violation and a |
Class A misdemeanor for the second and subsequent
violations. |
Each violation constitutes a separate and distinct offense and |
a
separate count may be brought in the same indictment or |
information for each
vehicle or each essential part of a |
vehicle for which a record was not kept as
required by this |
Section.
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(k) Any person convicted of failing to keep the records |
required by this
Section with intent to conceal the identity or |
origin of a vehicle or its
essential parts or with intent to |
defraud the public in the transfer or sale of
vehicles or their |
essential parts is guilty of a Class 2 felony. Each violation
|
constitutes a separate and distinct offense and a separate |
count may be brought
in the same indictment or information for |
each vehicle or
essential part of a vehicle for which a record |
was not kept as required by this
Section.
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(l) A person may not be criminally charged with or |
convicted of both a
knowing failure to comply with this Section |
and a knowing failure to comply
with any order, if both |
offenses involve the same record keeping violation.
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