|
|
|
SB0553 Engrossed |
|
LRB094 10907 DRJ 41464 b |
|
|
1 |
| AN ACT concerning mobile homes.
|
2 |
| Be it enacted by the People of the State of Illinois, |
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Mobile Home Park Act is amended by changing |
5 |
| Sections 6 and 19
as follows:
|
6 |
| (210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
|
7 |
| Sec. 6. In addition to the application fees provided for |
8 |
| herein, the
licensee shall pay to the Department on or before |
9 |
| March 31 of each year, an
annual license fee which shall be |
10 |
| $100 plus $3 for each mobile home space
in the park. Annual |
11 |
| license fees submitted after April 30 shall be subject
to a $50 |
12 |
| late fee. The licensee shall also complete and return a license
|
13 |
| renewal application by March 31 of each year.
|
14 |
| The licensee shall pay to the Department within 30 days of |
15 |
| receipt of
notification from the Department $6 for each |
16 |
| additional mobile
home site added to his park under authority |
17 |
| of a written permit to alter
the park as provided in Section |
18 |
| 4.2 of this Act, payment for the additional
mobile home sites |
19 |
| to be made and an amended license therefor obtained
before any |
20 |
| mobile homes are accommodated on the additional mobile home
|
21 |
| spaces. The Department shall issue an amended license to cover |
22 |
| such
additional mobile home sites, when they are to be occupied |
23 |
| before the end
of the license year, for which an annual license |
24 |
| has been previously issued.
|
25 |
| Subsequent to the effective date of this Act, an applicant
|
26 |
| for an original license to operate a new park constructed under |
27 |
| a permit
issued by the Department shall only be required to pay |
28 |
| 1/4 of the annual
fee if such park begins operation after the |
29 |
| 31st day of January and before
the 1st day of May of such |
30 |
| licensing year; or 1/2 of the annual fee if such
park begins |
31 |
| operation after the 31st day of October and before the 1st day
|
32 |
| of February of such licensing year or 3/4 of the annual fee if |
|
|
|
SB0553 Engrossed |
- 2 - |
LRB094 10907 DRJ 41464 b |
|
|
1 |
| such park
begins operation after the 31st day of July and |
2 |
| before the 1st day of
November of such licensing year; but |
3 |
| shall be required to pay the entire
annual fee if such park |
4 |
| begins operation after the 30th day of April and
before the 1st |
5 |
| day of August of such licensing year.
|
6 |
| Each license fee shall be paid to the Department and any |
7 |
| license fee or
any part thereof, once paid to and accepted by |
8 |
| the Department shall not be
refunded.
|
9 |
| The Department shall deposit all funds received under this |
10 |
| Act
into the Facility Licensing Fund. Subject to appropriation, |
11 |
| moneys in
the Fund shall be used for the enforcement of this |
12 |
| Act
in the
State Treasury .
|
13 |
| (Source: P.A. 85-565.)
|
14 |
| (210 ILCS 115/19) (from Ch. 111 1/2, par. 729)
|
15 |
| Sec. 19. Violations; penalties.
|
16 |
| (a) Whoever violates any provision of this Act, shall, |
17 |
| except as
otherwise
provided, be guilty of a Class B |
18 |
| misdemeanor. Each day's violation shall
constitute a separate |
19 |
| offense. The State's Attorney of the county in which
the |
20 |
| violation occurred, or the Attorney General shall bring such |
21 |
| actions in
the name of the people of the State of Illinois, or |
22 |
| may, in addition to
other remedies provided in this Act, bring |
23 |
| action for an injunction to
restrain such violation, or to |
24 |
| enjoin the operation of any such mobile home
park. |
25 |
|
(b) The Department may also impose an administrative |
26 |
| monetary penalty, not to exceed $3,000 per day, against a |
27 |
| person
who operates a mobile home park in violation of this Act |
28 |
| or the rules adopted
under the authority of this Act. The |
29 |
| Department shall establish the amount of the penalties by rule. |
30 |
| The Department must provide the person with written |
31 |
| notification of the
alleged violation and allow a minimum of 10 |
32 |
| days for correction of the alleged violation before imposing an
|
33 |
| administrative monetary penalty.
|
34 |
| In addition, before imposing an administrative monetary |
35 |
| penalty under this subsection, the Department must provide the |
|
|
|
SB0553 Engrossed |
- 3 - |
LRB094 10907 DRJ 41464 b |
|
|
1 |
| following to the person operating the mobile home park:
|
2 |
| (1) Written notice of the person's right to request an |
3 |
| administrative hearing on the question of the alleged |
4 |
| violation.
|
5 |
| (2) An opportunity to present evidence, orally or in |
6 |
| writing or both, on the question of the alleged violation |
7 |
| before an impartial hearing examiner appointed by the |
8 |
| Director of Public Health.
|
9 |
| (3) A written decision from the Director of Public |
10 |
| Health, based on the evidence introduced at the hearing and |
11 |
| the hearing examiner's recommendations, finding that the |
12 |
| person violated this Act and imposing the administrative |
13 |
| monetary penalty.
|
14 |
| The Attorney General may bring an action in the circuit |
15 |
| court to enforce the collection of an administrative monetary |
16 |
| penalty imposed under this subsection.
|
17 |
| The Department shall deposit all administrative monetary |
18 |
| penalties collected under this subsection into the Facility |
19 |
| Licensing Fund. Subject to appropriation, moneys in the Fund |
20 |
| shall be used for the enforcement of this Act.
|
21 |
| (Source: P.A. 78-255.)
|
22 |
| Section 99. Effective date. This Act takes effect upon |
23 |
| becoming law. |