Full Text of HB1618 095th General Assembly
HB1618 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1618
Introduced 2/22/2007, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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210 ILCS 115/6 |
from Ch. 111 1/2, par. 716 |
210 ILCS 115/19 |
from Ch. 111 1/2, par. 729 |
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Amends the Mobile Home Park Act.
Provides that the funds received under the Act shall be deposited
into the Facility Licensing Fund and shall be used for the enforcement of the
Act. Provides that the Department of Public Health may impose an administrative
monetary penalty against a person who operates a mobile home park in violation of the Act
or the Department's rules. Provides that the Department must provide written notification
of the alleged violation and allow a minimum of 10 days for correction before imposing
the administrative monetary penalty. Also requires the Department to provide an opportunity for a hearing. Authorizes the Attorney General to bring an action to enforce the collection of an administrative monetary penalty. Provides that administrative monetary penalties shall be deposited into the Facility Licensing Fund. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1618 |
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LRB095 08729 DRJ 28912 b |
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| AN ACT concerning mobile homes.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Mobile Home Park Act is amended by changing | 5 |
| Sections 6 and 19
as follows:
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| (210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
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| 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
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| renewal application by March 31 of each year.
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| 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
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| 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 |
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HB1618 |
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LRB095 08729 DRJ 28912 b |
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| has been previously issued.
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| Subsequent to the effective date of this Act, an applicant
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| for an original license to operate a new park constructed under | 4 |
| a permit
issued by the Department shall only be required to pay | 5 |
| 1/4 of the annual
fee if such park begins operation after the | 6 |
| 31st day of January and before
the 1st day of May of such | 7 |
| licensing year; or 1/2 of the annual fee if such
park begins | 8 |
| operation after the 31st day of October and before the 1st day
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| of February of such licensing year or 3/4 of the annual fee if | 10 |
| such park
begins operation after the 31st day of July and | 11 |
| before the 1st day of
November of such licensing year; but | 12 |
| shall be required to pay the entire
annual fee if such park | 13 |
| begins operation after the 30th day of April and
before the 1st | 14 |
| day of August of such licensing year.
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| Each license fee shall be paid to the Department and any | 16 |
| license fee or
any part thereof, once paid to and accepted by | 17 |
| the Department shall not be
refunded.
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| The Department shall deposit all funds received under this | 19 |
| Act
into the Facility Licensing Fund. Subject to appropriation, | 20 |
| moneys in
the Fund shall be used for the enforcement of this | 21 |
| Act
in the
State Treasury .
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| (Source: P.A. 85-565.)
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| (210 ILCS 115/19) (from Ch. 111 1/2, par. 729)
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| Sec. 19. Violations; penalties.
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| (a) Whoever violates any provision of this Act, shall, |
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HB1618 |
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LRB095 08729 DRJ 28912 b |
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| except as
otherwise
provided, be guilty of a Class B | 2 |
| misdemeanor. Each day's violation shall
constitute a separate | 3 |
| offense. The State's Attorney of the county in which
the | 4 |
| violation occurred, or the Attorney General shall bring such | 5 |
| actions in
the name of the people of the State of Illinois, or | 6 |
| may, in addition to
other remedies provided in this Act, bring | 7 |
| action for an injunction to
restrain such violation, or to | 8 |
| enjoin the operation of any such mobile home
park. | 9 |
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(b) The Department may also impose an administrative | 10 |
| monetary penalty against a person
who operates a mobile home | 11 |
| park in violation of this Act or the rules adopted
under the | 12 |
| authority of this Act. The Department shall establish the | 13 |
| amount of the penalties by rule. The Department must provide | 14 |
| the person with written notification of the
alleged violation | 15 |
| and allow a minimum of 10 days for correction of the alleged | 16 |
| violation before imposing an
administrative monetary penalty.
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| In addition, before imposing an administrative monetary | 18 |
| penalty under this subsection, the Department must provide the | 19 |
| following to the person operating the mobile home park:
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| (1) Written notice of the person's right to request an | 21 |
| administrative hearing on the question of the alleged | 22 |
| violation.
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| (2) An opportunity to present evidence, orally or in | 24 |
| writing or both, on the question of the alleged violation | 25 |
| before an impartial hearing examiner appointed by the | 26 |
| Director of Public Health.
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LRB095 08729 DRJ 28912 b |
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| (3) A written decision from the Director of Public | 2 |
| Health, based on the evidence introduced at the hearing and | 3 |
| the hearing examiner's recommendations, finding that the | 4 |
| person violated this Act and imposing the administrative | 5 |
| monetary penalty.
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| The Attorney General may bring an action in the circuit | 7 |
| court to enforce the collection of an administrative monetary | 8 |
| penalty imposed under this subsection.
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| The Department shall deposit all administrative monetary | 10 |
| penalties collected under this subsection into the Facility | 11 |
| Licensing Fund. Subject to appropriation, moneys in the Fund | 12 |
| shall be used for the enforcement of this Act.
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| (Source: P.A. 78-255.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law. |
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