Illinois General Assembly - Full Text of SB3261
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Full Text of SB3261  100th General Assembly


Sen. Elgie R. Sims, Jr.

Filed: 4/18/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3261 by replacing
3everything after the enacting clause with the following:
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



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1transport, on wheels temporarily or permanently attached to its
2frame, and is a movable or portable unit that is (i) 8 body
3feet or more in width, (ii) 40 body feet or more in length, and
4(iii) 320 or more square feet, constructed to be towed on its
5own chassis (comprised of frame and wheels) from the place of
6its construction to the location, or subsequent locations, at
7which it is connected to utilities for year-round occupancy for
8use as a permanent habitation, and designed and situated so as
9to permit its occupancy as a dwelling place for one or more
10persons, and specifically includes a "manufactured home" as
11defined in subdivision (53) of Section 9-102 of the Uniform
12Commercial Code. The term shall include units containing parts
13that may be folded, collapsed, or telescoped when being towed
14and that may be expected to provide additional cubic capacity,
15and that are designed to be joined into one integral unit
16capable of being separated again into the components for
17repeated towing. The term excludes campers and recreational
18vehicles. The words "mobile home" and "manufactured home" are
19synonymous for the purposes of this Act.
20    "Abandoned mobile home" means a mobile home located inside
21a mobile home park that has no owner currently residing in the
22mobile home or authorized tenant of the owner currently
23residing in the mobile home to the best knowledge of the mobile
24home park owner or operator or municipality; has had its
25electricity, natural gas, sewer, and water utilities
26terminated or disconnected payments declared delinquent by the



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1utility companies or mobile home park owner or operator that
2are providing such services; and for which the Mobile Home
3Privilege Tax, imposed under the Mobile Home Local Services Tax
4Act, is delinquent for at least 3 months. A mobile home affixed
5to a foundation and abandoned outside a mobile home park must
6be treated like other real property for condemnation purposes.
7    "Manufactured home owner" means a person who holds title to
8a manufactured home.
9    "Manufactured home resident" means a manufactured home
10owner who rents space in a mobile home park from a mobile home
11park owner or operator for the purpose of locating his or her
12manufactured home or a person who rents a manufactured home in
13a mobile home park from a mobile home park owner or operator.
14    "Mobile home park" has the meaning provided under Section
152.5 of the Mobile Home Park Act.
16    "Municipality" means any city, village, incorporated town,
17or its duly authorized agent. If an abandoned mobile home is
18located in an unincorporated area, the county where the mobile
19home is located shall have all powers granted to a municipality
20under this Act.
21(Source: P.A. 98-749, eff. 7-16-14.)
22    (210 ILCS 117/10.1 new)
23    Sec. 10.1. Proceedings.
24    (a) A proceeding to remove an abandoned mobile home may be
25maintained by the mobile home park owner or operator in the



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



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1    manufactured home. The notice shall include a description
2    of the manufactured home and its location, and that
3    proceedings will be initiated by the mobile home park owner
4    or operator under this Section for the removal and disposal
5    of the manufactured home. The notice shall also describe
6    the procedure for the manufactured home owner or
7    manufactured home resident to retrieve any household goods
8    or other personal property in the manufactured home before
9    the conclusion of proceedings under this Section.
10        (4) At least 3 of the following factors apply:
11            (A) the manufactured home has no owner currently
12        residing in the home or authorized tenant of the owner
13        currently residing in the home to the best knowledge of
14        the mobile home park owner or operator;
15            (B) electricity, natural gas, sewer, and water
16        utility services to the manufactured home have been
17        terminated or disconnected by the utility provider or
18        the mobile home park owner or operator;
19            (C) the mobile home privilege tax, imposed under
20        the Mobile Home Local Services Tax Act, is delinquent
21        for at least 3 months;
22            (D) the manufactured home is in a state of
23        substantial disrepair that makes the manufactured home
24        uninhabitable; or
25            (E) other objective evidence of abandonment that
26        the court finds reliable.



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1    (c) A proceeding under this Act shall be commenced by
2filing a complaint naming as defendants all known holders of
3liens against the manufactured home, manufactured home owners,
4and manufactured home residents. The complaint shall comply
5with the requirements of a complaint under the Code of Civil
6Procedure. The summons shall state that if the defendant fails
7to answer and establish any defense that he or she may have,
8then he or she may be precluded from asserting such defense or
9the claim on which it is based in any other proceeding or
10action, that a final judgment may be entered if the court finds
11that the plaintiff has made the requisite showing, and that the
12result of that final judgment shall be the loss of the
13manufactured home resident's home. Service of the summons and
14complaint, return of process, and filing of an answer or other
15responsive pleading shall conform to the requirements of the
16Code of Civil Procedure and Supreme Court Rules.
17    (d) Upon the entry of a judgment that a manufactured home
18has been abandoned, the mobile home park owner or operator
19shall execute the judgment and cause the removal of the
20manufactured home from the mobile home park within 30 days
21after delivery of the judgment.
22    (e) The judgment shall clearly recite that a declaration of
23abandonment has been granted and that the manufactured home
24will be removed from the mobile home park no later than the
2530th day after the delivery of the judgment unless an alternate
26disposition is ordered under subsection (f).



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1    (f) As used in this subsection, "diligent inquiry" means
2sending a notice by certified mail to the last known address.
3    In lieu of ordering the removal of a manufactured home, the
4court may, upon good cause shown, provide for an alternate
5disposition of the manufactured home, including, but not
6limited to, sale, assignment of title, or destruction. When a
7manufactured home is disposed of under this Section through a
8sale of the manufactured home, the mobile home park owner or
9operator shall, after payment of all outstanding rent, fees,
10costs, and expenses to the community, and payment in priority
11order to lienholders, including providers of any utility
12services, pay any remaining balance to the title holder of the
13manufactured home. If the title holder cannot be found through
14diligent inquiry after 90 days, then the funds shall be
16    (g) If any household goods or other personal property of
17the defendant remain in the manufactured home at the conclusion
18of proceedings under this Act, then the mobile home park owner
19or operator shall provide for the storage of the household
20goods and personal property for a period of not less than 30
21days after the date of the final judgment of the court
22providing for the disposition of the manufactured home. If the
23household goods or other personal property are stored in a
24self-storage facility, then an amount equal to the charges
25imposed for such storage may be recovered from the defendant.
26Upon the expiration of such period, the mobile home park owner



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1or operator: (1) has no further liability for the storage or
2safekeeping of such household goods or personal property; and
3(2) may provide for the destruction or other disposition of
4such household goods or personal property. At least 20 days
5before removing any household goods or other personal property
6of the defendant that remains in the manufactured home at the
7conclusion of proceedings under this Act, the mobile home park
8owner or operator shall send all known manufactured home owners
9and manufactured home residents written notice to the last
10known address by certified mail, return receipt requested. The
11notice shall include a description of the procedures,
12deadlines, and costs for the retrieval of items being stored in
13accordance with this subsection (g).
14    (210 ILCS 117/15)
15    Sec. 15. Authorization. The corporate authority of a
16municipality may remove and dispose of any abandoned mobile
17home found within the municipality and may legally enter upon
18any land to do so if the mobile home park owner or operator of
19the mobile home park where the abandoned mobile home is located
20has not initiated proceedings under Section 10.1 of this Act
21within 45 days after written notice to the mobile home park
22owner or operator by certified mail, return receipt requested
23stating that the corporate authority intends to take action
24under this Act. The notice to the mobile home park owner or
25operator shall specify the location of the abandoned mobile



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1home in the park. This amendatory Act of the 100th General
2Assembly shall not be construed to affect any other
3authorization or obligation of the corporate authority under
4this Act.
5(Source: P.A. 88-516.)
6    Section 10. The Illinois Vehicle Code is amended by
7changing Section 3-117.1 as follows:
8    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
9    Sec. 3-117.1. When junking certificates or salvage
10certificates must be obtained.
11    (a) Except as provided in Chapter 4 and Section 3-117.3 of
12this Code, a person who possesses a junk vehicle shall within
1315 days cause the certificate of title, salvage certificate,
14certificate of purchase, or a similarly acceptable out of state
15document of ownership to be surrendered to the Secretary of
16State along with an application for a junking certificate,
17except as provided in Section 3-117.2, whereupon the Secretary
18of State shall issue to such a person a junking certificate,
19which shall authorize the holder thereof to possess, transport,
20or, by an endorsement, transfer ownership in such junked
21vehicle, and a certificate of title shall not again be issued
22for such vehicle.
23    A licensee who possesses a junk vehicle and a Certificate
24of Title, Salvage Certificate, Certificate of Purchase, or a



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1similarly acceptable out-of-state document of ownership for
2such junk vehicle, may transport the junk vehicle to another
3licensee prior to applying for or obtaining a junking
4certificate, by executing a uniform invoice. The licensee
5transferor shall furnish a copy of the uniform invoice to the
6licensee transferee at the time of transfer. In any case, the
7licensee transferor shall apply for a junking certificate in
8conformance with Section 3-117.1 of this Chapter. The following
9information shall be contained on a uniform invoice:
10        (1) The business name, address and dealer license
11    number of the person disposing of the vehicle, junk vehicle
12    or vehicle cowl;
13        (2) The name and address of the person acquiring the
14    vehicle, junk vehicle or vehicle cowl, and if that person
15    is a dealer, the Illinois or out-of-state dealer license
16    number of that dealer;
17        (3) The date of the disposition of the vehicle, junk
18    vehicle or vehicle cowl;
19        (4) The year, make, model, color and description of
20    each vehicle, junk vehicle or vehicle cowl disposed of by
21    such person;
22        (5) The manufacturer's vehicle identification number,
23    Secretary of State identification number or Illinois
24    Department of State Police number, for each vehicle, junk
25    vehicle or vehicle cowl part disposed of by such person;
26        (6) The printed name and legible signature of the



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1    person or agent disposing of the vehicle, junk vehicle or
2    vehicle cowl; and
3        (7) The printed name and legible signature of the
4    person accepting delivery of the vehicle, junk vehicle or
5    vehicle cowl.
6    The Secretary of State may certify a junking manifest in a
7form prescribed by the Secretary of State that reflects those
8vehicles for which junking certificates have been applied or
9issued. A junking manifest may be issued to any person and it
10shall constitute evidence of ownership for the vehicle listed
11upon it. A junking manifest may be transferred only to a person
12licensed under Section 5-301 of this Code as a scrap processor.
13A junking manifest will allow the transportation of those
14vehicles to a scrap processor prior to receiving the junk
15certificate from the Secretary of State.
16    (b) An application for a salvage certificate shall be
17submitted to the Secretary of State in any of the following
19        (1) When an insurance company makes a payment of
20    damages on a total loss claim for a vehicle, the insurance
21    company shall be deemed to be the owner of such vehicle and
22    the vehicle shall be considered to be salvage except that
23    ownership of (i) a vehicle that has incurred only hail
24    damage that does not affect the operational safety of the
25    vehicle or (ii) any vehicle 9 model years of age or older
26    may, by agreement between the registered owner and the



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1    insurance company, be retained by the registered owner of
2    such vehicle. The insurance company shall promptly deliver
3    or mail within 20 days the certificate of title along with
4    proper application and fee to the Secretary of State, and a
5    salvage certificate shall be issued in the name of the
6    insurance company. Notwithstanding the foregoing, an
7    insurer making payment of damages on a total loss claim for
8    the theft of a vehicle shall not be required to apply for a
9    salvage certificate unless the vehicle is recovered and has
10    incurred damage that initially would have caused the
11    vehicle to be declared a total loss by the insurer.
12        (1.1) When a vehicle of a self-insured company is to be
13    sold in the State of Illinois and has sustained damaged by
14    collision, fire, theft, rust corrosion, or other means so
15    that the self-insured company determines the vehicle to be
16    a total loss, or if the cost of repairing the damage,
17    including labor, would be greater than 70% of its fair
18    market value without that damage, the vehicle shall be
19    considered salvage. The self-insured company shall
20    promptly deliver the certificate of title along with proper
21    application and fee to the Secretary of State, and a
22    salvage certificate shall be issued in the name of the
23    self-insured company. A self-insured company making
24    payment of damages on a total loss claim for the theft of a
25    vehicle may exchange the salvage certificate for a
26    certificate of title if the vehicle is recovered without



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1    damage. In such a situation, the self-insured shall fill
2    out and sign a form prescribed by the Secretary of State
3    which contains an affirmation under penalty of perjury that
4    the vehicle was recovered without damage and the Secretary
5    of State may, by rule, require photographs to be submitted.
6        (2) When a vehicle the ownership of which has been
7    transferred to any person through a certificate of purchase
8    from acquisition of the vehicle at an auction, other
9    dispositions as set forth in Sections 4-208 and 4-209 of
10    this Code, or a lien arising under Section 18a-501 of this
11    Code, or a public sale under the Abandoned Mobile Home Act
12    shall be deemed salvage or junk at the option of the
13    purchaser. The person acquiring such vehicle in such manner
14    shall promptly deliver or mail, within 20 days after the
15    acquisition of the vehicle, the certificate of purchase,
16    the proper application and fee, and, if the vehicle is an
17    abandoned mobile home under the Abandoned Mobile Home Act,
18    a certification from a local law enforcement agency that
19    the vehicle was purchased or acquired at a public sale
20    under the Abandoned Mobile Home Act to the Secretary of
21    State and a salvage certificate or junking certificate
22    shall be issued in the name of that person. The salvage
23    certificate or junking certificate issued by the Secretary
24    of State under this Section shall be free of any lien that
25    existed against the vehicle prior to the time the vehicle
26    was acquired by the applicant under this Code.



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1        (3) A vehicle which has been repossessed by a
2    lienholder shall be considered to be salvage only when the
3    repossessed vehicle, on the date of repossession by the
4    lienholder, has sustained damage by collision, fire,
5    theft, rust corrosion, or other means so that the cost of
6    repairing such damage, including labor, would be greater
7    than 33 1/3% of its fair market value without such damage.
8    If the lienholder determines that such vehicle is damaged
9    in excess of 33 1/3% of such fair market value, the
10    lienholder shall, before sale, transfer or assignment of
11    the vehicle, make application for a salvage certificate,
12    and shall submit with such application the proper fee and
13    evidence of possession. If the facts required to be shown
14    in subsection (f) of Section 3-114 are satisfied, the
15    Secretary of State shall issue a salvage certificate in the
16    name of the lienholder making the application. In any case
17    wherein the vehicle repossessed is not damaged in excess of
18    33 1/3% of its fair market value, the lienholder shall
19    comply with the requirements of subsections (f), (f-5), and
20    (f-10) of Section 3-114, except that the affidavit of
21    repossession made by or on behalf of the lienholder shall
22    also contain an affirmation under penalty of perjury that
23    the vehicle on the date of sale is not damaged in excess of
24    33 1/3% of its fair market value. If the facts required to
25    be shown in subsection (f) of Section 3-114 are satisfied,
26    the Secretary of State shall issue a certificate of title



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1    as set forth in Section 3-116 of this Code. The Secretary
2    of State may by rule or regulation require photographs to
3    be submitted.
4        (4) A vehicle which is a part of a fleet of more than 5
5    commercial vehicles registered in this State or any other
6    state or registered proportionately among several states
7    shall be considered to be salvage when such vehicle has
8    sustained damage by collision, fire, theft, rust,
9    corrosion or similar means so that the cost of repairing
10    such damage, including labor, would be greater than 33 1/3%
11    of the fair market value of the vehicle without such
12    damage. If the owner of a fleet vehicle desires to sell,
13    transfer, or assign his interest in such vehicle to a
14    person within this State other than an insurance company
15    licensed to do business within this State, and the owner
16    determines that such vehicle, at the time of the proposed
17    sale, transfer or assignment is damaged in excess of 33
18    1/3% of its fair market value, the owner shall, before such
19    sale, transfer or assignment, make application for a
20    salvage certificate. The application shall contain with it
21    evidence of possession of the vehicle. If the fleet vehicle
22    at the time of its sale, transfer, or assignment is not
23    damaged in excess of 33 1/3% of its fair market value, the
24    owner shall so state in a written affirmation on a form
25    prescribed by the Secretary of State by rule or regulation.
26    The Secretary of State may by rule or regulation require



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1    photographs to be submitted. Upon sale, transfer or
2    assignment of the fleet vehicle the owner shall mail the
3    affirmation to the Secretary of State.
4        (5) A vehicle that has been submerged in water to the
5    point that rising water has reached over the door sill and
6    has entered the passenger or trunk compartment is a "flood
7    vehicle". A flood vehicle shall be considered to be salvage
8    only if the vehicle has sustained damage so that the cost
9    of repairing the damage, including labor, would be greater
10    than 33 1/3% of the fair market value of the vehicle
11    without that damage. The salvage certificate issued under
12    this Section shall indicate the word "flood", and the word
13    "flood" shall be conspicuously entered on subsequent
14    titles for the vehicle. A person who possesses or acquires
15    a flood vehicle that is not damaged in excess of 33 1/3% of
16    its fair market value shall make application for title in
17    accordance with Section 3-116 of this Code, designating the
18    vehicle as "flood" in a manner prescribed by the Secretary
19    of State. The certificate of title issued shall indicate
20    the word "flood", and the word "flood" shall be
21    conspicuously entered on subsequent titles for the
22    vehicle.
23        (6) When any licensed rebuilder, repairer, new or used
24    vehicle dealer, or remittance agent has submitted an
25    application for title to a vehicle (other than an
26    application for title to a rebuilt vehicle) that he or she



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1    knows or reasonably should have known to have sustained
2    damages in excess of 33 1/3% of the vehicle's fair market
3    value without that damage; provided, however, that any
4    application for a salvage certificate for a vehicle
5    recovered from theft and acquired from an insurance company
6    shall be made as required by paragraph (1) of this
7    subsection (b).
8    (c) Any person who without authority acquires, sells,
9exchanges, gives away, transfers or destroys or offers to
10acquire, sell, exchange, give away, transfer or destroy the
11certificate of title to any vehicle which is a junk or salvage
12vehicle shall be guilty of a Class 3 felony.
13    (d) Any person who knowingly fails to surrender to the
14Secretary of State a certificate of title, salvage certificate,
15certificate of purchase or a similarly acceptable out-of-state
16document of ownership as required under the provisions of this
17Section is guilty of a Class A misdemeanor for a first offense
18and a Class 4 felony for a subsequent offense; except that a
19person licensed under this Code who violates paragraph (5) of
20subsection (b) of this Section is guilty of a business offense
21and shall be fined not less than $1,000 nor more than $5,000
22for a first offense and is guilty of a Class 4 felony for a
23second or subsequent violation.
24    (e) Any vehicle which is salvage or junk may not be driven
25or operated on roads and highways within this State. A
26violation of this subsection is a Class A misdemeanor. A



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1salvage vehicle displaying valid special plates issued under
2Section 3-601(b) of this Code, which is being driven to or from
3an inspection conducted under Section 3-308 of this Code, is
4exempt from the provisions of this subsection. A salvage
5vehicle for which a short term permit has been issued under
6Section 3-307 of this Code is exempt from the provisions of
7this subsection for the duration of the permit.
8(Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17.)".