Illinois General Assembly - Full Text of SB3261
Illinois General Assembly

Previous General Assemblies

Full Text of SB3261  100th General Assembly




SB3261 EnrolledLRB100 18724 MJP 33958 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Abandoned Mobile Home Act is amended by
5changing the title of the Act and Sections 10 and 15 and by
6adding Section 10.1 as follows:
7    (210 ILCS 117/Act title)
8An Act authorizing municipalities, and counties, and
9mobile home park owners and operators to remove and dispose of
10abandoned mobile homes, amending named Acts.
11    (210 ILCS 117/10)
12    Sec. 10. Definitions. As used in this Act:
13    "Manufactured home" means a factory-assembled, completely
14integrated structure designed for permanent habitation, with a
15permanent chassis, and so constructed as to permit its
16transport, on wheels temporarily or permanently attached to its
17frame, and is a movable or portable unit that is (i) 8 body
18feet or more in width, (ii) 40 body feet or more in length, and
19(iii) 320 or more square feet, constructed to be towed on its
20own chassis (comprised of frame and wheels) from the place of
21its construction to the location, or subsequent locations, at
22which it is connected to utilities for year-round occupancy for



SB3261 Enrolled- 2 -LRB100 18724 MJP 33958 b

1use as a permanent habitation, and designed and situated so as
2to permit its occupancy as a dwelling place for one or more
3persons, and specifically includes a "manufactured home" as
4defined in subdivision (53) of Section 9-102 of the Uniform
5Commercial Code. The term shall include units containing parts
6that may be folded, collapsed, or telescoped when being towed
7and that may be expected to provide additional cubic capacity,
8and that are designed to be joined into one integral unit
9capable of being separated again into the components for
10repeated towing. The term excludes campers and recreational
11vehicles. The words "mobile home" and "manufactured home" are
12synonymous for the purposes of this Act.
13    "Abandoned mobile home" means a mobile home located inside
14a mobile home park that has no owner currently residing in the
15mobile home or authorized tenant of the owner currently
16residing in the mobile home to the best knowledge of the mobile
17home park owner or operator or municipality; has had its
18electricity, natural gas, sewer, and water utilities
19terminated or disconnected payments declared delinquent by the
20utility companies or mobile home park owner or operator that
21are providing such services; and for which the Mobile Home
22Privilege Tax, imposed under the Mobile Home Local Services Tax
23Act, is delinquent for at least 3 months. A mobile home affixed
24to a foundation and abandoned outside a mobile home park must
25be treated like other real property for condemnation purposes.
26    "Manufactured home owner" means a person who holds title to



SB3261 Enrolled- 3 -LRB100 18724 MJP 33958 b

1a manufactured home.
2    "Manufactured home resident" means a manufactured home
3owner who rents space in a mobile home park from a mobile home
4park owner or operator for the purpose of locating his or her
5manufactured home or a person who rents a manufactured home in
6a mobile home park from a mobile home park owner or operator.
7    "Mobile home park" has the meaning provided under Section
82.5 of the Mobile Home Park Act.
9    "Municipality" means any city, village, incorporated town,
10or its duly authorized agent. If an abandoned mobile home is
11located in an unincorporated area, the county where the mobile
12home is located shall have all powers granted to a municipality
13under this Act.
14(Source: P.A. 98-749, eff. 7-16-14.)
15    (210 ILCS 117/10.1 new)
16    Sec. 10.1. Proceedings.
17    (a) A proceeding to remove an abandoned mobile home may be
18maintained by the mobile home park owner or operator in the
19circuit court in the county in which the manufactured home is
21    (b) A mobile home park owner or operator may commence a
22proceeding to obtain a judgment of the court declaring that a
23manufactured home has been abandoned upon proof of all of the
25        (1) The manufactured home has been vacant for a period



SB3261 Enrolled- 4 -LRB100 18724 MJP 33958 b

1    of not less than 180 days without notice to the mobile home
2    park owner or operator; however, the period shall be 90
3    days if a judgment of eviction with respect to the
4    manufactured home has been entered.
5        (2) The manufactured home resident has defaulted in the
6    payment of rent for a period of more than 60 days.
7        (3) At least 30 days before commencing the proceeding,
8    the mobile home park owner or operator has notified all
9    known holders of liens against the manufactured home,
10    manufactured home owners, and manufactured home residents
11    to the last known address by certified mail, return receipt
12    requested. The notice shall also be sent by certified mail,
13    return receipt requested, to the last person who paid the
14    mobile home privilege tax on the mobile home as shown on
15    the records of the county treasurer of the county where the
16    mobile home is located. Before commencing a proceeding
17    under this Act, the mobile home park owner or operator
18    shall cause a search to be done to determine whether there
19    are any lienholders with an existing interest in the
20    manufactured home. The notice shall include a description
21    of the manufactured home and its location, and that
22    proceedings will be initiated by the mobile home park owner
23    or operator under this Section for the removal and disposal
24    of the manufactured home. The notice shall also describe
25    the procedure for the manufactured home owner or
26    manufactured home resident to retrieve any household goods



SB3261 Enrolled- 5 -LRB100 18724 MJP 33958 b

1    or other personal property in the manufactured home before
2    the conclusion of proceedings under this Section.
3        (4) At least 3 of the following factors apply:
4            (A) the manufactured home has no owner currently
5        residing in the home or authorized tenant of the owner
6        currently residing in the home to the best knowledge of
7        the mobile home park owner or operator;
8            (B) electricity, natural gas, sewer, and water
9        utility services to the manufactured home have been
10        terminated or disconnected by the utility provider or
11        the mobile home park owner or operator;
12            (C) the mobile home privilege tax, imposed under
13        the Mobile Home Local Services Tax Act, is delinquent
14        for at least 3 months;
15            (D) the manufactured home is in a state of
16        substantial disrepair that makes the manufactured home
17        uninhabitable; or
18            (E) other objective evidence of abandonment that
19        the court finds reliable.
20    (c) A proceeding under this Act shall be commenced by
21filing a complaint naming as defendants all known holders of
22liens against the manufactured home, manufactured home owners,
23and manufactured home residents. The complaint shall comply
24with the requirements of a complaint under the Code of Civil
25Procedure. The summons shall state that if the defendant fails
26to answer and establish any defense that he or she may have,



SB3261 Enrolled- 6 -LRB100 18724 MJP 33958 b

1then he or she may be precluded from asserting such defense or
2the claim on which it is based in any other proceeding or
3action, that a final judgment may be entered if the court finds
4that the plaintiff has made the requisite showing, and that the
5result of that final judgment shall be the loss of the
6manufactured home resident's home. Service of the summons and
7complaint, return of process, and filing of an answer or other
8responsive pleading shall conform to the requirements of the
9Code of Civil Procedure and Supreme Court Rules.
10    (d) Upon the entry of a judgment that a manufactured home
11has been abandoned, the mobile home park owner or operator
12shall execute the judgment and cause the removal of the
13manufactured home from the mobile home park within 30 days
14after delivery of the judgment.
15    (e) The judgment shall clearly recite that a declaration of
16abandonment has been granted and that the manufactured home
17will be removed from the mobile home park no later than the
1830th day after the delivery of the judgment unless an alternate
19disposition is ordered under subsection (f).
20    (f) As used in this subsection, "diligent inquiry" means
21sending a notice by certified mail to the last known address.
22    In lieu of ordering the removal of a manufactured home, the
23court may, upon good cause shown, provide for an alternate
24disposition of the manufactured home, including, but not
25limited to, sale, assignment of title, or destruction. When a
26manufactured home is disposed of under this Section through a



SB3261 Enrolled- 7 -LRB100 18724 MJP 33958 b

1sale of the manufactured home, the mobile home park owner or
2operator shall, after payment of all outstanding rent, fees,
3costs, and expenses to the community, and payment in priority
4order to lienholders, including providers of any utility
5services, pay any remaining balance to the title holder of the
6manufactured home. If the title holder cannot be found through
7diligent inquiry after 90 days, then the funds shall be
9    (g) If any household goods or other personal property of
10the defendant remain in the manufactured home at the conclusion
11of proceedings under this Act, then the mobile home park owner
12or operator shall provide for the storage of the household
13goods and personal property for a period of not less than 30
14days after the date of the final judgment of the court
15providing for the disposition of the manufactured home. If the
16household goods or other personal property are stored in a
17self-storage facility, then an amount equal to the charges
18imposed for such storage may be recovered from the defendant.
19Upon the expiration of such period, the mobile home park owner
20or operator: (1) has no further liability for the storage or
21safekeeping of such household goods or personal property; and
22(2) may provide for the destruction or other disposition of
23such household goods or personal property. At least 20 days
24before removing any household goods or other personal property
25of the defendant that remains in the manufactured home at the
26conclusion of proceedings under this Act, the mobile home park



SB3261 Enrolled- 8 -LRB100 18724 MJP 33958 b

1owner or operator shall send all known manufactured home owners
2and manufactured home residents written notice to the last
3known address by certified mail, return receipt requested. The
4notice shall include a description of the procedures,
5deadlines, and costs for the retrieval of items being stored in
6accordance with this subsection (g).
7    (210 ILCS 117/15)
8    Sec. 15. Authorization. The corporate authority of a
9municipality may remove and dispose of any abandoned mobile
10home found within the municipality and may legally enter upon
11any land to do so if the mobile home park owner or operator of
12the mobile home park where the abandoned mobile home is located
13has not initiated proceedings under Section 10.1 of this Act
14within 45 days after written notice to the mobile home park
15owner or operator by certified mail, return receipt requested
16stating that the corporate authority intends to take action
17under this Act. The notice to the mobile home park owner or
18operator shall specify the location of the abandoned mobile
19home in the park. This amendatory Act of the 100th General
20Assembly shall not be construed to affect any other
21authorization or obligation of the corporate authority under
22this Act.
23(Source: P.A. 88-516.)
24    Section 10. The Illinois Vehicle Code is amended by



SB3261 Enrolled- 9 -LRB100 18724 MJP 33958 b

1changing Section 3-117.1 as follows:
2    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
3    Sec. 3-117.1. When junking certificates or salvage
4certificates must be obtained.
5    (a) Except as provided in Chapter 4 and Section 3-117.3 of
6this Code, a person who possesses a junk vehicle shall within
715 days cause the certificate of title, salvage certificate,
8certificate of purchase, or a similarly acceptable out of state
9document of ownership to be surrendered to the Secretary of
10State along with an application for a junking certificate,
11except as provided in Section 3-117.2, whereupon the Secretary
12of State shall issue to such a person a junking certificate,
13which shall authorize the holder thereof to possess, transport,
14or, by an endorsement, transfer ownership in such junked
15vehicle, and a certificate of title shall not again be issued
16for such vehicle.
17    A licensee who possesses a junk vehicle and a Certificate
18of Title, Salvage Certificate, Certificate of Purchase, or a
19similarly acceptable out-of-state document of ownership for
20such junk vehicle, may transport the junk vehicle to another
21licensee prior to applying for or obtaining a junking
22certificate, by executing a uniform invoice. The licensee
23transferor shall furnish a copy of the uniform invoice to the
24licensee transferee at the time of transfer. In any case, the
25licensee transferor shall apply for a junking certificate in



SB3261 Enrolled- 10 -LRB100 18724 MJP 33958 b

1conformance with Section 3-117.1 of this Chapter. The following
2information shall be contained on a uniform invoice:
3        (1) The business name, address and dealer license
4    number of the person disposing of the vehicle, junk vehicle
5    or vehicle cowl;
6        (2) The name and address of the person acquiring the
7    vehicle, junk vehicle or vehicle cowl, and if that person
8    is a dealer, the Illinois or out-of-state dealer license
9    number of that dealer;
10        (3) The date of the disposition of the vehicle, junk
11    vehicle or vehicle cowl;
12        (4) The year, make, model, color and description of
13    each vehicle, junk vehicle or vehicle cowl disposed of by
14    such person;
15        (5) The manufacturer's vehicle identification number,
16    Secretary of State identification number or Illinois
17    Department of State Police number, for each vehicle, junk
18    vehicle or vehicle cowl part disposed of by such person;
19        (6) The printed name and legible signature of the
20    person or agent disposing of the vehicle, junk vehicle or
21    vehicle cowl; and
22        (7) The printed name and legible signature of the
23    person accepting delivery of the vehicle, junk vehicle or
24    vehicle cowl.
25    The Secretary of State may certify a junking manifest in a
26form prescribed by the Secretary of State that reflects those



SB3261 Enrolled- 11 -LRB100 18724 MJP 33958 b

1vehicles for which junking certificates have been applied or
2issued. A junking manifest may be issued to any person and it
3shall constitute evidence of ownership for the vehicle listed
4upon it. A junking manifest may be transferred only to a person
5licensed under Section 5-301 of this Code as a scrap processor.
6A junking manifest will allow the transportation of those
7vehicles to a scrap processor prior to receiving the junk
8certificate from the Secretary of State.
9    (b) An application for a salvage certificate shall be
10submitted to the Secretary of State in any of the following
12        (1) When an insurance company makes a payment of
13    damages on a total loss claim for a vehicle, the insurance
14    company shall be deemed to be the owner of such vehicle and
15    the vehicle shall be considered to be salvage except that
16    ownership of (i) a vehicle that has incurred only hail
17    damage that does not affect the operational safety of the
18    vehicle or (ii) any vehicle 9 model years of age or older
19    may, by agreement between the registered owner and the
20    insurance company, be retained by the registered owner of
21    such vehicle. The insurance company shall promptly deliver
22    or mail within 20 days the certificate of title along with
23    proper application and fee to the Secretary of State, and a
24    salvage certificate shall be issued in the name of the
25    insurance company. Notwithstanding the foregoing, an
26    insurer making payment of damages on a total loss claim for



SB3261 Enrolled- 12 -LRB100 18724 MJP 33958 b

1    the theft of a vehicle shall not be required to apply for a
2    salvage certificate unless the vehicle is recovered and has
3    incurred damage that initially would have caused the
4    vehicle to be declared a total loss by the insurer.
5        (1.1) When a vehicle of a self-insured company is to be
6    sold in the State of Illinois and has sustained damaged by
7    collision, fire, theft, rust corrosion, or other means so
8    that the self-insured company determines the vehicle to be
9    a total loss, or if the cost of repairing the damage,
10    including labor, would be greater than 70% of its fair
11    market value without that damage, the vehicle shall be
12    considered salvage. The self-insured company shall
13    promptly deliver the certificate of title along with proper
14    application and fee to the Secretary of State, and a
15    salvage certificate shall be issued in the name of the
16    self-insured company. A self-insured company making
17    payment of damages on a total loss claim for the theft of a
18    vehicle may exchange the salvage certificate for a
19    certificate of title if the vehicle is recovered without
20    damage. In such a situation, the self-insured shall fill
21    out and sign a form prescribed by the Secretary of State
22    which contains an affirmation under penalty of perjury that
23    the vehicle was recovered without damage and the Secretary
24    of State may, by rule, require photographs to be submitted.
25        (2) When a vehicle the ownership of which has been
26    transferred to any person through a certificate of purchase



SB3261 Enrolled- 13 -LRB100 18724 MJP 33958 b

1    from acquisition of the vehicle at an auction, other
2    dispositions as set forth in Sections 4-208 and 4-209 of
3    this Code, or a lien arising under Section 18a-501 of this
4    Code, or a public sale under the Abandoned Mobile Home Act
5    shall be deemed salvage or junk at the option of the
6    purchaser. The person acquiring such vehicle in such manner
7    shall promptly deliver or mail, within 20 days after the
8    acquisition of the vehicle, the certificate of purchase,
9    the proper application and fee, and, if the vehicle is an
10    abandoned mobile home under the Abandoned Mobile Home Act,
11    a certification from a local law enforcement agency that
12    the vehicle was purchased or acquired at a public sale
13    under the Abandoned Mobile Home Act to the Secretary of
14    State and a salvage certificate or junking certificate
15    shall be issued in the name of that person. The salvage
16    certificate or junking certificate issued by the Secretary
17    of State under this Section shall be free of any lien that
18    existed against the vehicle prior to the time the vehicle
19    was acquired by the applicant under this Code.
20        (3) A vehicle which has been repossessed by a
21    lienholder shall be considered to be salvage only when the
22    repossessed vehicle, on the date of repossession by the
23    lienholder, has sustained damage by collision, fire,
24    theft, rust corrosion, or other means so that the cost of
25    repairing such damage, including labor, would be greater
26    than 33 1/3% of its fair market value without such damage.



SB3261 Enrolled- 14 -LRB100 18724 MJP 33958 b

1    If the lienholder determines that such vehicle is damaged
2    in excess of 33 1/3% of such fair market value, the
3    lienholder shall, before sale, transfer or assignment of
4    the vehicle, make application for a salvage certificate,
5    and shall submit with such application the proper fee and
6    evidence of possession. If the facts required to be shown
7    in subsection (f) of Section 3-114 are satisfied, the
8    Secretary of State shall issue a salvage certificate in the
9    name of the lienholder making the application. In any case
10    wherein the vehicle repossessed is not damaged in excess of
11    33 1/3% of its fair market value, the lienholder shall
12    comply with the requirements of subsections (f), (f-5), and
13    (f-10) of Section 3-114, except that the affidavit of
14    repossession made by or on behalf of the lienholder shall
15    also contain an affirmation under penalty of perjury that
16    the vehicle on the date of sale is not damaged in excess of
17    33 1/3% of its fair market value. If the facts required to
18    be shown in subsection (f) of Section 3-114 are satisfied,
19    the Secretary of State shall issue a certificate of title
20    as set forth in Section 3-116 of this Code. The Secretary
21    of State may by rule or regulation require photographs to
22    be submitted.
23        (4) A vehicle which is a part of a fleet of more than 5
24    commercial vehicles registered in this State or any other
25    state or registered proportionately among several states
26    shall be considered to be salvage when such vehicle has



SB3261 Enrolled- 15 -LRB100 18724 MJP 33958 b

1    sustained damage by collision, fire, theft, rust,
2    corrosion or similar means so that the cost of repairing
3    such damage, including labor, would be greater than 33 1/3%
4    of the fair market value of the vehicle without such
5    damage. If the owner of a fleet vehicle desires to sell,
6    transfer, or assign his interest in such vehicle to a
7    person within this State other than an insurance company
8    licensed to do business within this State, and the owner
9    determines that such vehicle, at the time of the proposed
10    sale, transfer or assignment is damaged in excess of 33
11    1/3% of its fair market value, the owner shall, before such
12    sale, transfer or assignment, make application for a
13    salvage certificate. The application shall contain with it
14    evidence of possession of the vehicle. If the fleet vehicle
15    at the time of its sale, transfer, or assignment is not
16    damaged in excess of 33 1/3% of its fair market value, the
17    owner shall so state in a written affirmation on a form
18    prescribed by the Secretary of State by rule or regulation.
19    The Secretary of State may by rule or regulation require
20    photographs to be submitted. Upon sale, transfer or
21    assignment of the fleet vehicle the owner shall mail the
22    affirmation to the Secretary of State.
23        (5) A vehicle that has been submerged in water to the
24    point that rising water has reached over the door sill and
25    has entered the passenger or trunk compartment is a "flood
26    vehicle". A flood vehicle shall be considered to be salvage



SB3261 Enrolled- 16 -LRB100 18724 MJP 33958 b

1    only if the vehicle has sustained damage so that the cost
2    of repairing the damage, including labor, would be greater
3    than 33 1/3% of the fair market value of the vehicle
4    without that damage. The salvage certificate issued under
5    this Section shall indicate the word "flood", and the word
6    "flood" shall be conspicuously entered on subsequent
7    titles for the vehicle. A person who possesses or acquires
8    a flood vehicle that is not damaged in excess of 33 1/3% of
9    its fair market value shall make application for title in
10    accordance with Section 3-116 of this Code, designating the
11    vehicle as "flood" in a manner prescribed by the Secretary
12    of State. The certificate of title issued shall indicate
13    the word "flood", and the word "flood" shall be
14    conspicuously entered on subsequent titles for the
15    vehicle.
16        (6) When any licensed rebuilder, repairer, new or used
17    vehicle dealer, or remittance agent has submitted an
18    application for title to a vehicle (other than an
19    application for title to a rebuilt vehicle) that he or she
20    knows or reasonably should have known to have sustained
21    damages in excess of 33 1/3% of the vehicle's fair market
22    value without that damage; provided, however, that any
23    application for a salvage certificate for a vehicle
24    recovered from theft and acquired from an insurance company
25    shall be made as required by paragraph (1) of this
26    subsection (b).



SB3261 Enrolled- 17 -LRB100 18724 MJP 33958 b

1    (c) Any person who without authority acquires, sells,
2exchanges, gives away, transfers or destroys or offers to
3acquire, sell, exchange, give away, transfer or destroy the
4certificate of title to any vehicle which is a junk or salvage
5vehicle shall be guilty of a Class 3 felony.
6    (d) Any person who knowingly fails to surrender to the
7Secretary of State a certificate of title, salvage certificate,
8certificate of purchase or a similarly acceptable out-of-state
9document of ownership as required under the provisions of this
10Section is guilty of a Class A misdemeanor for a first offense
11and a Class 4 felony for a subsequent offense; except that a
12person licensed under this Code who violates paragraph (5) of
13subsection (b) of this Section is guilty of a business offense
14and shall be fined not less than $1,000 nor more than $5,000
15for a first offense and is guilty of a Class 4 felony for a
16second or subsequent violation.
17    (e) Any vehicle which is salvage or junk may not be driven
18or operated on roads and highways within this State. A
19violation of this subsection is a Class A misdemeanor. A
20salvage vehicle displaying valid special plates issued under
21Section 3-601(b) of this Code, which is being driven to or from
22an inspection conducted under Section 3-308 of this Code, is
23exempt from the provisions of this subsection. A salvage
24vehicle for which a short term permit has been issued under
25Section 3-307 of this Code is exempt from the provisions of
26this subsection for the duration of the permit.



SB3261 Enrolled- 18 -LRB100 18724 MJP 33958 b

1(Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17.)