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Rep. Josh Harms
Filed: 4/30/2013
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1 | | AMENDMENT TO SENATE BILL 2101
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2101, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Mobile Home Park Act is amended by changing |
6 | | Sections 9 and 19 and by adding Section 9.16 as follows:
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7 | | (210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
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8 | | Sec. 9.
Each mobile home park licensed or to be constructed |
9 | | under the
provisions of this Act shall be operated and |
10 | | maintained in accordance with the
requirements of Sections 9.1 |
11 | | to 9.16 9.15 , inclusive, of this
Act.
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12 | | (Source: P.A. 91-357, eff. 7-29-99.)
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13 | | (210 ILCS 115/9.16 new) |
14 | | Sec. 9.16. Disclosure of the manufacture of |
15 | | methamphetamine in a mobile home. When a licensee or owner of a |
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1 | | mobile home park has been notified by law enforcement |
2 | | authorities that one of the mobile homes in the mobile home |
3 | | park has been used for the manufacture
of methamphetamine as
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4 | | defined in Section 10 of
the Methamphetamine Control
and |
5 | | Community Protection Act, then the licensee or owner of the |
6 | | mobile home park shall inform a potential buyer of the mobile |
7 | | home that law enforcement authorities have notified the |
8 | | licensee or owner that the mobile home has been used for the |
9 | | manufacture of methamphetamine. |
10 | | (210 ILCS 115/19) (from Ch. 111 1/2, par. 729)
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11 | | Sec. 19. Violations; penalties.
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12 | | (a) Any person who Whoever violates any provision of this |
13 | | Act, shall, except as
otherwise
provided, be guilty of a Class |
14 | | B misdemeanor. Each day's violation shall
constitute a separate |
15 | | offense. The State's Attorney of the county in which
the |
16 | | violation occurred, or the Attorney General shall bring such |
17 | | actions in
the name of the people of the State of Illinois, or |
18 | | may, in addition to
other remedies provided in this Act, bring |
19 | | action for an injunction to
restrain such violation, or to |
20 | | enjoin the operation of any such mobile home
park. |
21 | | (b) In addition to or in place of the criminal sanctions |
22 | | set forth in subsection (a), the The Department may also impose |
23 | | an administrative monetary penalty against any a person
who |
24 | | violates operates a mobile home park in violation of this Act |
25 | | or the rules adopted
under the authority of this Act. The |
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1 | | Department shall establish the amount of the penalties by rule. |
2 | | The Department must provide the person with written |
3 | | notification of the
alleged violation and allow a minimum of 30 |
4 | | days for correction of the alleged violation before imposing an
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5 | | administrative monetary penalty, unless the alleged violation |
6 | | involves life safety in which case the Department shall allow a |
7 | | minimum of 10 days for correction of the alleged life safety |
8 | | violation before imposing an administrative monetary penalty. |
9 | | The Department shall adopt rules defining violations that |
10 | | involve life safety.
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11 | | (c) When In addition, before imposing an administrative |
12 | | monetary penalty under this subsection, the Department shall |
13 | | must provide the following to the person alleged to have |
14 | | violated this Act or rules concerning this Act notice and |
15 | | opportunity for a hearing to contest the alleged violations. |
16 | | Notice shall be provided by certified mail or by personal |
17 | | service setting forth the particular reasons for the proposed |
18 | | action and fixing a date, not less than 20 days after the date |
19 | | of the mailing or service, within which time the person must |
20 | | request in writing a hearing. Failure to serve the Department a |
21 | | request for a hearing in writing within the time provided in |
22 | | the notice shall constitute a waiver of the person's right to |
23 | | an administrative hearing. operating the mobile home park:
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24 | | (1) Written notice of the person's right to request an |
25 | | administrative hearing on the question of the alleged |
26 | | violation.
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1 | | (2) An opportunity to present evidence, orally or in |
2 | | writing or both, on the question of the alleged violation |
3 | | before an impartial hearing examiner appointed by the |
4 | | Director of Public Health.
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5 | | (3) A written decision from the Director of Public |
6 | | Health, based on the evidence introduced at the hearing and |
7 | | the hearing examiner's recommendations, finding that the |
8 | | person violated this Act.
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9 | | (d) The Attorney General may bring an action in the circuit |
10 | | court to enforce the collection of an administrative monetary |
11 | | penalty imposed under this subsection.
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12 | | (e) The Department shall deposit all administrative |
13 | | monetary penalties collected under this subsection into the |
14 | | Facility Licensing Fund. Subject to appropriation, moneys in |
15 | | the Fund shall be used for the enforcement of this Act.
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16 | | (Source: P.A. 95-383, eff. 1-1-08.)".
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