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Public Act 098-0540
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| SB2101 Enrolled | LRB098 06420 MGM 36463 b |
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AN ACT concerning regulation.
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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 Mobile Home Park Act is amended by changing |
Sections 9 and 19 and by adding Section 9.16 as follows:
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(210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
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Sec. 9.
Each mobile home park licensed or to be constructed |
under the
provisions of this Act shall be operated and |
maintained in accordance with the
requirements of Sections 9.1 |
to 9.16 9.15, inclusive, of this
Act.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(210 ILCS 115/9.16 new) |
Sec. 9.16. Disclosure of the manufacture of |
methamphetamine in a mobile home. When a licensee or owner of a |
mobile home park has been notified in writing by law |
enforcement authorities that one of the mobile homes in the |
mobile home park has been used for the manufacture
of |
methamphetamine as
defined in Section 10 of
the Methamphetamine |
Control
and Community Protection Act, then the licensee or |
owner of the mobile home park shall inform a potential buyer of |
the mobile home that law enforcement authorities have notified |
the licensee or owner in writing that the mobile home has been |
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used for the manufacture of methamphetamine. |
The obligation of disclosure shall be imposed on the |
licensee or owner of the mobile home park only if the licensee |
or owner receives a written application for residency in the |
mobile home park from the prospective buyer prior to the |
prospective buyer acquiring the home and such application |
specifically identifies the applicable home and that the |
prospective buyer may acquire the home. If the licensee or |
owner provides the required disclosure to the prospective |
buyer, then the seller of the mobile home shall not have any |
right to seek legal or equitable remedies against the licensee |
or owner on account of or in any way related to the disclosure, |
even if it is determined that the disclosure was not required |
to be made under this Section (for example, if the disclosure |
results in the prospective buyer not acquiring the mobile home, |
then the seller of the mobile home may not seek any redress or |
equitable remedies against the licensee or owner providing the |
disclosure in any way related to or resulting from the |
disclosure). If a licensee or owner violates this Section as |
determined by an impartial hearing examiner appointed by the |
Director of Public Health, then: (i) a prospective buyer shall |
not have any redress or cause of action against a licensee or |
owner for such failure; (ii) a violation shall not be subject |
to the terms of Section 19 of this Act; and (iii) the only |
liability a licensee or owner shall have for a violation of |
this Section shall be the payment of a fine in an amount |