HB4467 EngrossedLRB103 35652 JAG 65727 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Mobile Home Park Act is amended by changing
5Sections 3, 4.4, and 6 and by adding Sections 5.5 and 21.5 as
6follows:
 
7    (210 ILCS 115/3)  (from Ch. 111 1/2, par. 713)
8    Sec. 3. No person, firm or corporation shall establish,
9maintain, conduct, or operate a mobile home park after April
1030, 1972, without a license therefor from the Department.
11Subject to the requirements and limits of this Section,
12operating a mobile home park without a current license shall
13result in a late fee of $50 for the first month of
14noncompliance and $100 per day thereafter. Licenses issued
15under this Act are nontransferable. If the mobile home park is
16sold, the application for a new license shall be mailed to the
17Department and postmarked no later than 10 days after the date
18the deed for the transaction is recorded, as evidenced by the
19county recorder's stamp on the deed. All license fees,
20including late fees and reinspection fees, of the prior owner
21or owners must be paid before a license is issued. No late fee
22shall be imposed as long as the new license is requested within
23the timeframe specified. The current name, address, email

 

 

HB4467 Engrossed- 2 -LRB103 35652 JAG 65727 b

1address, and telephone number of the licensee and mobile home
2park manager shall be displayed at all times on the mobile home
3park property in a location visible to the public and
4protected from weather. "Conduct or operate a mobile home
5park" as used in this Act shall include, but not necessarily be
6limited to supplying or maintaining common water, sewer or
7other utility supply or service, or the collection of rents
8directly or indirectly from 5 five or more independent mobile
9homes. Such license shall expire April 30 of each year and a
10new license shall be issued upon proper application and
11payment of any unpaid reinspection fees and the annual license
12fee provided the applicant is in substantial compliance with
13the Rules and Regulations of the Department. No late fee shall
14be imposed as long as the renewal license is requested within
15the time frame specified.
16(Source: P.A. 101-454, eff. 8-23-19.)
 
17    (210 ILCS 115/4.4)  (from Ch. 111 1/2, par. 714.4)
18    Sec. 4.4. A mobile home park whose license has been
19voided, suspended, denied or revoked may be relicensed after
20the mobile home park is in substantial compliance, all
21delinquent licensing fees are paid, all delinquent
22reinspection fees are paid, and the mobile home park submits
23an application and application fee by submission of the
24application items required in paragraphs (a), (b), (c) and (e)
25of Section 4 and an application fee which is nonrefundable.

 

 

HB4467 Engrossed- 3 -LRB103 35652 JAG 65727 b

1The application fee For applications submitted prior to the
2effective date of this amendatory Act of the 101st General
3Assembly, the fee shall be $50. For applications submitted on
4or after the effective date of this amendatory Act of the 101st
5General Assembly, the fee shall be $250. Approval shall be
6issued if an inspection of the park by the Department
7indicates substantial compliance with this Act and the rules
8promulgated pursuant to this Act.
9(Source: P.A. 101-454, eff. 8-23-19.)
 
10    (210 ILCS 115/5.5 new)
11    Sec. 5.5. Mobile home park annual inspection.
12    (a) The Department shall conduct an annual inspection of
13each mobile home park. If Type B or Type C violations under 77
14Ill. Adm. Code 860.540 are documented during the annual
15inspection and the Department is required to reinspect the
16mobile home park to ensure the violations have been corrected,
17the Department, at its discretion, may charge a reinspection
18fee of $300 per visit due within 30 days after the date of the
19invoice after the reinspection occurs and no later than at the
20time of license renewal. All licensing fees and reinspection
21fees are nonrefundable. The Department shall provide an annual
22inspection report to management of the mobile home park in
23which the Department shall identify any violation that it
24considers substantial and that it has determined would prevent
25issuance of a license if not corrected prior to license

 

 

HB4467 Engrossed- 4 -LRB103 35652 JAG 65727 b

1renewal. The Department shall conduct all annual inspections
2so that the park owner and management shall have at least 60
3days prior to license renewal to correct and remedy any
4substantial violations identified in order to prevent
5nonrenewal of the license and the imposition of fees provided
6in this subsection. The Department shall renew any license, at
7least for a temporary period of 60 days, for which it does not
8timely identify substantial violations and provide opportunity
9for park management to remedy any nonsubstantial violations.
10    (b) Reinspection shall not be required for any
11nonsubstantial violation identified by the Department in the
12annual inspection report, but the park owner or management
13shall provide evidence in writing, a written statement signed
14by the owner or management shall be sufficient for this
15purpose, to the Department within 60 days of receipt of the
16report that such nonsubstantial violations have been corrected
17or a statement to the Department to the effect that park owner
18or management disagrees or disputes that nonsubstantial
19violations have occurred and providing support for the park
20owner's or management's position.
 
21    (210 ILCS 115/6)  (from Ch. 111 1/2, par. 716)
22    Sec. 6. In addition to the application fees provided for
23herein, the licensee shall pay to the Department on or before
24March 31 of each year, an annual license fee. The For calendar
25years prior to 2020, the annual license fee shall be $100 plus

 

 

HB4467 Engrossed- 5 -LRB103 35652 JAG 65727 b

1$4 for each mobile home space in the park. Beginning in
2calendar year 2020, the annual license fee shall be as
3follows:
4        (1) for 2025, $300 per mobile home park plus $15 for
5    each mobile home site in the park;
6        (2) for 2026, $300 per mobile home park plus $17 for
7    each mobile home site in the park;
8        (3) for 2027, $300 per mobile home park plus $19 for
9    each mobile home site in the park;
10        (4) for 2028, $300 per mobile home park plus $21 for
11    each mobile home site in the park;
12        (5) for 2029, $300 per mobile home park plus $23 for
13    each mobile home site in the park; and
14        (6) for 2030 and for each year thereafter, $300 per
15    mobile home park plus $25 for each mobile home site in the
16    park. $250 plus $7 for each mobile home space in the park.
17    Annual license fees submitted after April 30 shall be
18subject to a $50 late fee. If the mobile home park fails to pay
19its annual license fees by April 30, the Department may, in its
20reasonable discretion, impose a late fee of $50 for the first
21month and up to $100 per day beginning on June 1 of the same
22year until the fees are paid. The licensee shall also complete
23and return a license renewal application by March 31 of each
24year.
25    The For notifications sent prior to the effective date of
26this amendatory Act of the 101st General Assembly, the

 

 

HB4467 Engrossed- 6 -LRB103 35652 JAG 65727 b

1licensee shall pay to the Department within 30 days of receipt
2of notification from the Department $6 for each additional
3mobile home site added to his park under authority of a written
4permit to alter the park as provided in Section 4.2 of this
5Act, payment for the additional mobile home sites to be made
6and an amended license therefor obtained before any mobile
7homes are accommodated on the additional mobile home spaces.
8The Department shall issue an amended license to cover such
9additional mobile home sites, when they are to be occupied
10before the end of the license year, for which an annual license
11has been previously issued. For notifications sent on or after
12the effective date of this amendatory Act of the 101st General
13Assembly, the licensee shall pay to the Department within 30
14days of receipt of notification from the Department the amount
15per additional mobile home park site as set forth in this
16Section $11 for each additional mobile home site added to the
17his park under authority of a written permit to alter the park
18as provided in Section 4.2. Payment of this Act, payment for
19the additional mobile home sites shall to be made and an
20amended license applied for therefor obtained before occupancy
21of any mobile homes are accommodated on the additional mobile
22home spaces. The Department shall issue an amended license to
23cover such additional mobile home sites, when they are to be
24occupied before the end of the license year, for which an
25annual license has been previously issued.
26    Subsequent to the effective date of this Act, an applicant

 

 

HB4467 Engrossed- 7 -LRB103 35652 JAG 65727 b

1for an original license to operate a new park constructed
2under a permit issued by the Department shall only be required
3to pay 1/4 of the annual fee if such park begins operation
4after the 31st day of January and before the 1st day of May of
5such licensing year; or 1/2 of the annual fee if such park
6begins operation after the 31st day of October and before the
71st day of February of such licensing year or 3/4 of the annual
8fee if such park begins operation after the 31st day of July
9and before the 1st day of November of such licensing year; but
10shall be required to pay the entire annual fee if such park
11begins operation after the 30th day of April and before the 1st
12day of August of such licensing year.
13    Each license fee shall be paid to the Department and any
14license fee or any part thereof, once paid to and accepted by
15the Department shall not be refunded.
16    The Department shall deposit all funds received under this
17Act into the Facility Licensing Fund. Subject to
18appropriation, moneys in the Fund shall be used for the
19enforcement of this Act.
20(Source: P.A. 101-454, eff. 8-23-19.)
 
21    (210 ILCS 115/21.5 new)
22    Sec. 21.5. Mobile home parks report. Beginning in 2026,
23the Department shall prepare an annual report that contains,
24at a minimum, the total number of mobile parks registered with
25the Department; the total number of mobile home parks that

 

 

HB4467 Engrossed- 8 -LRB103 35652 JAG 65727 b

1closed in the preceding year; the total number of newly
2permitted mobile home parks from the preceding year; the total
3number of mobile home parks that failed to renew and comply
4with the licensing requirements for the preceding calendar
5year; how many administrative cases were opened in the
6preceding calendar year; if the administrative case was
7resolved or is still open; a brief summary of the nature of the
8administrative cases; and an update on the Department's
9staffing for mobile home enforcement and oversight. The report
10shall be made public no later than July 1 for the preceding
11calendar year.