Rep. Anna Moeller

Filed: 4/8/2024

 

 


 

 


 
10300HB4467ham002LRB103 35652 CES 71893 a

1
AMENDMENT TO HOUSE BILL 4467

2    AMENDMENT NO. ______. Amend House Bill 4467 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mobile Home Park Act is amended by
5changing Sections 3, 4.4, and 6 and by adding Sections 5.5 and
621.5 as follows:
 
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

 

 

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1Department and postmarked no later than 10 days after the date
2the deed for the transaction is recorded, as evidenced by the
3county recorder's stamp on the deed. All license fees,
4including late fees and reinspection fees, of the prior owner
5or owners must be paid before a license is issued. No late fee
6shall be imposed as long as the new license is requested within
7the timeframe specified. The current name, address, email
8address, and telephone number of the licensee and mobile home
9park manager shall be displayed at all times on the mobile home
10park property in a location visible to the public and
11protected from weather. "Conduct or operate a mobile home
12park" as used in this Act shall include, but not necessarily be
13limited to supplying or maintaining common water, sewer or
14other utility supply or service, or the collection of rents
15directly or indirectly from 5 five or more independent mobile
16homes. Such license shall expire April 30 of each year and a
17new license shall be issued upon proper application and
18payment of any unpaid reinspection fees and the annual license
19fee provided the applicant is in substantial compliance with
20the Rules and Regulations of the Department. No late fee shall
21be imposed as long as the renewal license is requested within
22the time frame specified.
23(Source: P.A. 101-454, eff. 8-23-19.)
 
24    (210 ILCS 115/4.4)  (from Ch. 111 1/2, par. 714.4)
25    Sec. 4.4. A mobile home park whose license has been

 

 

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1voided, suspended, denied or revoked may be relicensed after
2the mobile home park is in substantial compliance, all
3delinquent licensing fees are paid, all delinquent
4reinspection fees are paid, and the mobile home park submits
5an application and application fee by submission of the
6application items required in paragraphs (a), (b), (c) and (e)
7of Section 4 and an application fee which is nonrefundable.
8The application fee For applications submitted prior to the
9effective date of this amendatory Act of the 101st General
10Assembly, the fee shall be $50. For applications submitted on
11or after the effective date of this amendatory Act of the 101st
12General Assembly, the fee shall be $250. Approval shall be
13issued if an inspection of the park by the Department
14indicates substantial compliance with this Act and the rules
15promulgated pursuant to this Act.
16(Source: P.A. 101-454, eff. 8-23-19.)
 
17    (210 ILCS 115/5.5 new)
18    Sec. 5.5. Mobile home park annual inspection.
19    (a) The Department shall conduct an annual inspection of
20each mobile home park. If Type B or Type C violations under 77
21Ill. Adm. Code 860.540 are documented during the annual
22inspection and the Department is required to reinspect the
23mobile home park to ensure the violations have been corrected,
24the Department, at its discretion, may charge a reinspection
25fee of $300 per visit due within 30 days after the date of the

 

 

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1invoice after the reinspection occurs and no later than at the
2time of license renewal. All licensing fees and reinspection
3fees are nonrefundable. The Department shall provide an annual
4inspection report to management of the mobile home park in
5which the Department shall identify any violation that it
6considers substantial and that it has determined would prevent
7issuance of a license if not corrected prior to license
8renewal. The Department shall conduct all annual inspections
9so that the park owner and management shall have at least 60
10days prior to license renewal to correct and remedy any
11substantial violations identified in order to prevent
12nonrenewal of the license and the imposition of fees provided
13in this subsection. The Department shall renew any license, at
14least for a temporary period of 60 days, for which it does not
15timely identify substantial violations and provide opportunity
16for park management to remedy any nonsubstantial violations.
17    (b) Reinspection shall not be required for any
18nonsubstantial violation identified by the Department in the
19annual inspection report, but the park owner or management
20shall provide evidence in writing, a written statement signed
21by the owner or management shall be sufficient for this
22purpose, to the Department within 60 days of receipt of the
23report that such nonsubstantial violations have been corrected
24or a statement to the Department to the effect that park owner
25or management disagrees or disputes that nonsubstantial
26violations have occurred and providing support for the park

 

 

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1owner's or management's position.
 
2    (210 ILCS 115/6)  (from Ch. 111 1/2, par. 716)
3    Sec. 6. In addition to the application fees provided for
4herein, the licensee shall pay to the Department on or before
5March 31 of each year, an annual license fee. The For calendar
6years prior to 2020, the annual license fee shall be $100 plus
7$4 for each mobile home space in the park. Beginning in
8calendar year 2020, the annual license fee shall be as
9follows:
10        (1) for 2025, $300 per mobile home park plus $15 for
11    each mobile home site in the park;
12        (2) for 2026, $300 per mobile home park plus $17 for
13    each mobile home site in the park;
14        (3) for 2027, $300 per mobile home park plus $19 for
15    each mobile home site in the park;
16        (4) for 2028, $300 per mobile home park plus $21 for
17    each mobile home site in the park;
18        (5) for 2029, $300 per mobile home park plus $23 for
19    each mobile home site in the park; and
20        (6) for 2030 and for each year thereafter, $300 per
21    mobile home park plus $25 for each mobile home site in the
22    park. $250 plus $7 for each mobile home space in the park.
23    Annual license fees submitted after April 30 shall be
24subject to a $50 late fee. If the mobile home park fails to pay
25its annual license fees by April 30, the Department may, in its

 

 

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1reasonable discretion, impose a late fee of $50 for the first
2month and up to $100 per day beginning on June 1 of the same
3year until the fees are paid. The licensee shall also complete
4and return a license renewal application by March 31 of each
5year.
6    The For notifications sent prior to the effective date of
7this amendatory Act of the 101st General Assembly, the
8licensee shall pay to the Department within 30 days of receipt
9of notification from the Department $6 for each additional
10mobile home site added to his park under authority of a written
11permit to alter the park as provided in Section 4.2 of this
12Act, payment for the additional mobile home sites to be made
13and an amended license therefor obtained before any mobile
14homes are accommodated on the additional mobile home spaces.
15The Department shall issue an amended license to cover such
16additional mobile home sites, when they are to be occupied
17before the end of the license year, for which an annual license
18has been previously issued. For notifications sent on or after
19the effective date of this amendatory Act of the 101st General
20Assembly, the licensee shall pay to the Department within 30
21days of receipt of notification from the Department the amount
22per additional mobile home park site as set forth in this
23Section $11 for each additional mobile home site added to the
24his park under authority of a written permit to alter the park
25as provided in Section 4.2. Payment of this Act, payment for
26the additional mobile home sites shall to be made and an

 

 

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1amended license applied for therefor obtained before occupancy
2of any mobile homes are accommodated on the additional mobile
3home spaces. The Department shall issue an amended license to
4cover such additional mobile home sites, when they are to be
5occupied before the end of the license year, for which an
6annual license has been previously issued.
7    Subsequent to the effective date of this Act, an applicant
8for an original license to operate a new park constructed
9under a permit issued by the Department shall only be required
10to pay 1/4 of the annual fee if such park begins operation
11after the 31st day of January and before the 1st day of May of
12such licensing year; or 1/2 of the annual fee if such park
13begins operation after the 31st day of October and before the
141st day of February of such licensing year or 3/4 of the annual
15fee if such park begins operation after the 31st day of July
16and before the 1st day of November of such licensing year; but
17shall be required to pay the entire annual fee if such park
18begins operation after the 30th day of April and before the 1st
19day of August of such licensing year.
20    Each license fee shall be paid to the Department and any
21license fee or any part thereof, once paid to and accepted by
22the Department shall not be refunded.
23    The Department shall deposit all funds received under this
24Act into the Facility Licensing Fund. Subject to
25appropriation, moneys in the Fund shall be used for the
26enforcement of this Act.

 

 

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1(Source: P.A. 101-454, eff. 8-23-19.)
 
2    (210 ILCS 115/21.5 new)
3    Sec. 21.5. Mobile home parks report. Beginning in 2026,
4the Department shall prepare an annual report that contains,
5at a minimum, the total number of mobile parks registered with
6the Department; the total number of mobile home parks that
7closed in the preceding year; the total number of newly
8permitted mobile home parks from the preceding year; the total
9number of mobile home parks that failed to renew and comply
10with the licensing requirements for the preceding calendar
11year; how many administrative cases were opened in the
12preceding calendar year; if the administrative case was
13resolved or is still open; a brief summary of the nature of the
14administrative cases; and an update on the Department's
15staffing for mobile home enforcement and oversight. The report
16shall be made public no later than July 1 for the preceding
17calendar year.".