SB3230 103RD GENERAL ASSEMBLY

LRB103 36536 CES 66643 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3230

Introduced 2/6/2024, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

210 ILCS 115/3	from Ch. 111 1/2, par. 713
210 ILCS 115/4.4	from Ch. 111 1/2, par. 714.4
210 ILCS 115/6	from Ch. 111 1/2, par. 716

Amends the Mobile Home Park Act. Provides that mobile home park operators shall pay reinspection fees each year in order to receive a new annual license. Provides that operating a mobile home park without a current license results in a fine of $10 per day per site. Provides that licenses issued under the Act are non-transferable. Provides that a buyer of a mobile home park shall mail an application for a new license with a postmark date no later than 10 days after the date of sale. Provides that the new owners shall be responsible for any delinquent licensing fees and reinspection fees of the prior owner. Provides that the name, address, email address, and telephone number of the licensee and mobile home park manager shall be displayed at all times on the mobile home park property in a location visible to the public and protected from weather. Provides that the Department of Public Health shall conduct annual inspections of each mobile home park. Provides that if, during an annual inspection, violations are found and the Department is required to reinspect the mobile home park to ensure the violations have been corrected, then the Department, at its discretion, may charge a reinspection fee of $300 per site visit, due at the time of license renewal. Provides that all licensing and reinspection fees are nonrefundable. Provides that a mobile home park whose license has been voided, suspended, denied, or revoked may be relicensed once the park is in substantial compliance, all delinquent licensing fees paid, all reinspection fees paid, upon submittal of an application and application fee. Provides for an increase in annual fees beginning on January 1, 2025 to $300 plus $25 for each mobile home space in the park (instead of $250 plus $75 for each mobile home space). Provides for an increase in the fee for an amended license to $25 (instead of $11).

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mobile Home Park Act is amended by changing Sections 3, 4.4, and 6 as follows:

(210 ILCS 115/3) (from Ch. 111 1/2, par. 713)

Sec. 3. No person, firm or corporation shall establish, maintain, conduct, or operate a mobile home park after April 30, 1972, without a license therefor from the Department. "Conduct or operate a mobile home park" as used in this Act shall include, but not necessarily be limited to supplying or maintaining common water, sewer or other utility supply or service, or the collection of rents directly or indirectly from five or more independent mobile homes. Such license shall expire April 30 of each year and a new license shall be issued upon proper application and payment of reinspection fees and the annual license fee provided the applicant is in substantial compliance with the Rules and Regulations of the Department. Operating a mobile home park without a current license shall result in a fine of $10 per day per site. Licenses issued under this Act are non-transferable. If the mobile home park is sold, the application for a new license shall be mailed to the Department and postmarked no later than 10 days after the date of sale. All delinquent licensing fees and reinspection fees of the prior owner or owners shall be paid by the new owner prior to issuing a license. The current name, address, email address, and telephone number of the licensee and mobile home park manager shall be displayed at all times on the mobile home park property in a location visible to the public and protected from weather. The Department shall conduct an annual inspection of each mobile home park. If violations are documented during the annual inspection and the Department is required to reinspect the mobile home park to ensure the violations have been corrected, the Department, at the Department's discretion, may charge a reinspection fee of $300 per site visit due at the time of license renewal. All licensing fees and reinspection fees are nonrefundable.

(Source: P.A. 101-454, eff. 8-23-19.)

(210 ILCS 115/4.4) (from Ch. 111 1/2, par. 714.4)

Sec. 4.4. A mobile home park whose license has been voided, suspended, denied or revoked may be relicensed once the park is in substantial compliance, all delinquent licensing fees paid, and all reinspection fees paid, upon submittal of an application and application fee by submission of the application items required in paragraphs (a), (b), (c) and (e) of Section 4 and an application fee which is nonrefundable. For applications submitted prior to the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $50. For applications submitted on or after the effective date of this amendatory Act of the 101st General Assembly, the fee shall be $250. Approval shall be issued if an inspection of the park by the Department indicates compliance with this Act and the rules promulgated pursuant to this Act.

(Source: P.A. 101-454, eff. 8-23-19.)

(210 ILCS 115/6) (from Ch. 111 1/2, par. 716)

Sec. 6. In addition to the application fees provided for herein, the licensee shall pay to the Department on or before March 31 of each year, an annual license fee. For calendar years prior to 2020, the annual license fee shall be $100 plus $4 for each mobile home space in the park. Beginning in calendar year 2025 2020, the annual license fee shall be $300 $250 plus $25 $7 for each mobile home space in the park. Annual license fees submitted after April 30 shall be subject to a $50 per month late fee. The licensee shall also complete and return a license renewal application by March 31 of each year.

For notifications sent prior to the effective date of this amendatory Act of the 101st General Assembly, the licensee shall pay to the Department within 30 days of receipt of notification from the Department $6 for each additional mobile home site added to his park under authority of a written permit to alter the park as provided in Section 4.2 of this Act, payment for the additional mobile home sites to be made and an amended license therefor obtained before any mobile homes are accommodated on the additional mobile home spaces. The Department shall issue an amended license to cover such additional mobile home sites, when they are to be occupied before the end of the license year, for which an annual license has been previously issued. For notifications sent on or after the effective date of this amendatory Act of the 101st General Assembly, the licensee shall pay to the Department within 30 days of receipt of notification from the Department $25 $11 for each additional mobile home site added to his park under authority of a written permit to alter the park as provided in Section 4.2 of this Act, payment for the additional mobile home sites to be made and an amended license therefor obtained before any mobile homes are accommodated on the additional mobile home spaces. The Department shall issue an amended license to cover such additional mobile home sites, when they are to be occupied before the end of the license year, for which an annual license has been previously issued.

Subsequent to the effective date of this Act, an applicant for an original license to operate a new park constructed under a permit issued by the Department shall only be required to pay 1/4 of the annual fee if such park begins operation after the 31st day of January and before the 1st day of May of such licensing year; or 1/2 of the annual fee if such park begins operation after the 31st day of October and before the 1st day of February of such licensing year or 3/4 of the annual fee if such park begins operation after the 31st day of July and before the 1st day of November of such licensing year; but shall be required to pay the entire annual fee if such park begins operation after the 30th day of April and before the 1st day of August of such licensing year.

Each license fee shall be paid to the Department and any license fee or any part thereof, once paid to and accepted by the Department shall not be refunded.

The Department shall deposit all funds received under this Act into the Facility Licensing Fund. Subject to appropriation, moneys in the Fund shall be used for the enforcement of this Act.

(Source: P.A. 101-454, eff. 8-23-19.)