Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB4467 Enrolled / Bill

Filed 05/23/2024

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1  AN ACT concerning regulation.
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 3, 4.4, and 6 and by adding Sections 5.5 and 21.5 as
6  follows:
7  (210 ILCS 115/3) (from Ch. 111 1/2, par. 713)
8  Sec. 3. No person, firm or corporation shall establish,
9  maintain, conduct, or operate a mobile home park after April
10  30, 1972, without a license therefor from the Department.
11  Subject to the requirements and limits of this Section,
12  operating a mobile home park without a current license shall
13  result in a late fee of $50 for the first month of
14  noncompliance and $100 per day thereafter. Licenses issued
15  under this Act are nontransferable. If the mobile home park is
16  sold, the application for a new license shall be mailed to the
17  Department and postmarked no later than 10 days after the date
18  the deed for the transaction is recorded, as evidenced by the
19  county recorder's stamp on the deed. All license fees,
20  including late fees and reinspection fees, of the prior owner
21  or owners must be paid before a license is issued. No late fee
22  shall be imposed as long as the new license is requested within
23  the timeframe specified. The current name, address, email

 

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1  address, and telephone number of the licensee and mobile home
2  park manager shall be displayed at all times on the mobile home
3  park property in a location visible to the public and
4  protected from weather. "Conduct or operate a mobile home
5  park" as used in this Act shall include, but not necessarily be
6  limited to supplying or maintaining common water, sewer or
7  other utility supply or service, or the collection of rents
8  directly or indirectly from 5 five or more independent mobile
9  homes. Such license shall expire April 30 of each year and a
10  new license shall be issued upon proper application and
11  payment of any unpaid reinspection fees and the annual license
12  fee provided the applicant is in substantial compliance with
13  the Rules and Regulations of the Department. No late fee shall
14  be imposed as long as the renewal license is requested within
15  the time frame specified.
16  (Source: P.A. 101-454, eff. 8-23-19.)
17  (210 ILCS 115/4.4) (from Ch. 111 1/2, par. 714.4)
18  Sec. 4.4. A mobile home park whose license has been
19  voided, suspended, denied or revoked may be relicensed after
20  the mobile home park is in substantial compliance, all
21  delinquent licensing fees are paid, all delinquent
22  reinspection fees are paid, and the mobile home park submits
23  an application and application fee by submission of the
24  application items required in paragraphs (a), (b), (c) and (e)
25  of Section 4 and an application fee which is nonrefundable.

 

 

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1  The application fee For applications submitted prior to the
2  effective date of this amendatory Act of the 101st General
3  Assembly, the fee shall be $50. For applications submitted on
4  or after the effective date of this amendatory Act of the 101st
5  General Assembly, the fee shall be $250. Approval shall be
6  issued if an inspection of the park by the Department
7  indicates substantial compliance with this Act and the rules
8  promulgated pursuant to this Act.
9  (Source: P.A. 101-454, eff. 8-23-19.)
10  (210 ILCS 115/5.5 new)
11  Sec. 5.5. Mobile home park annual inspection.
12  (a) The Department shall conduct an annual inspection of
13  each mobile home park. If Type B or Type C violations under 77
14  Ill. Adm. Code 860.540 are documented during the annual
15  inspection and the Department is required to reinspect the
16  mobile home park to ensure the violations have been corrected,
17  the Department, at its discretion, may charge a reinspection
18  fee of $300 per visit due within 30 days after the date of the
19  invoice after the reinspection occurs and no later than at the
20  time of license renewal. All licensing fees and reinspection
21  fees are nonrefundable. The Department shall provide an annual
22  inspection report to management of the mobile home park in
23  which the Department shall identify any violation that it
24  considers substantial and that it has determined would prevent
25  issuance of a license if not corrected prior to license

 

 

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1  renewal. The Department shall conduct all annual inspections
2  so that the park owner and management shall have at least 60
3  days prior to license renewal to correct and remedy any
4  substantial violations identified in order to prevent
5  nonrenewal of the license and the imposition of fees provided
6  in this subsection. The Department shall renew any license, at
7  least for a temporary period of 60 days, for which it does not
8  timely identify substantial violations and provide opportunity
9  for park management to remedy any nonsubstantial violations.
10  (b) Reinspection shall not be required for any
11  nonsubstantial violation identified by the Department in the
12  annual inspection report, but the park owner or management
13  shall provide evidence in writing, a written statement signed
14  by the owner or management shall be sufficient for this
15  purpose, to the Department within 60 days of receipt of the
16  report that such nonsubstantial violations have been corrected
17  or a statement to the Department to the effect that park owner
18  or management disagrees or disputes that nonsubstantial
19  violations have occurred and providing support for the park
20  owner's or management's position.
21  (210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
22  Sec. 6. In addition to the application fees provided for
23  herein, the licensee shall pay to the Department on or before
24  March 31 of each year, an annual license fee. The For calendar
25  years prior to 2020, the annual license fee shall be $100 plus

 

 

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1  $4 for each mobile home space in the park. Beginning in
2  calendar year 2020, the annual license fee shall be as
3  follows:
4  (1) for 2025, $300 per mobile home park plus $15 for
5  each mobile home site in the park;
6  (2) for 2026, $300 per mobile home park plus $17 for
7  each mobile home site in the park;
8  (3) for 2027, $300 per mobile home park plus $19 for
9  each mobile home site in the park;
10  (4) for 2028, $300 per mobile home park plus $21 for
11  each mobile home site in the park;
12  (5) for 2029, $300 per mobile home park plus $23 for
13  each mobile home site in the park; and
14  (6) for 2030 and for each year thereafter, $300 per
15  mobile home park plus $25 for each mobile home site in the
16  park. $250 plus $7 for each mobile home space in the park.
17  Annual license fees submitted after April 30 shall be
18  subject to a $50 late fee. If the mobile home park fails to pay
19  its annual license fees by April 30, the Department may, in its
20  reasonable discretion, impose a late fee of $50 for the first
21  month and up to $100 per day beginning on June 1 of the same
22  year until the fees are paid. The licensee shall also complete
23  and return a license renewal application by March 31 of each
24  year.
25  The For notifications sent prior to the effective date of
26  this amendatory Act of the 101st General Assembly, the

 

 

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1  licensee shall pay to the Department within 30 days of receipt
2  of notification from the Department $6 for each additional
3  mobile home site added to his park under authority of a written
4  permit to alter the park as provided in Section 4.2 of this
5  Act, payment for the additional mobile home sites to be made
6  and an amended license therefor obtained before any mobile
7  homes are accommodated on the additional mobile home spaces.
8  The Department shall issue an amended license to cover such
9  additional mobile home sites, when they are to be occupied
10  before the end of the license year, for which an annual license
11  has been previously issued. For notifications sent on or after
12  the effective date of this amendatory Act of the 101st General
13  Assembly, the licensee shall pay to the Department within 30
14  days of receipt of notification from the Department the amount
15  per additional mobile home park site as set forth in this
16  Section $11 for each additional mobile home site added to the
17  his park under authority of a written permit to alter the park
18  as provided in Section 4.2. Payment of this Act, payment for
19  the additional mobile home sites shall to be made and an
20  amended license applied for therefor obtained before occupancy
21  of any mobile homes are accommodated on the additional mobile
22  home spaces. The Department shall issue an amended license to
23  cover such additional mobile home sites, when they are to be
24  occupied before the end of the license year, for which an
25  annual license has been previously issued.
26  Subsequent to the effective date of this Act, an applicant

 

 

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1  for an original license to operate a new park constructed
2  under a permit issued by the Department shall only be required
3  to pay 1/4 of the annual fee if such park begins operation
4  after the 31st day of January and before the 1st day of May of
5  such licensing year; or 1/2 of the annual fee if such park
6  begins operation after the 31st day of October and before the
7  1st day of February of such licensing year or 3/4 of the annual
8  fee if such park begins operation after the 31st day of July
9  and before the 1st day of November of such licensing year; but
10  shall be required to pay the entire annual fee if such park
11  begins operation after the 30th day of April and before the 1st
12  day of August of such licensing year.
13  Each license fee shall be paid to the Department and any
14  license fee or any part thereof, once paid to and accepted by
15  the Department shall not be refunded.
16  The Department shall deposit all funds received under this
17  Act into the Facility Licensing Fund. Subject to
18  appropriation, moneys in the Fund shall be used for the
19  enforcement of this Act.
20  (Source: P.A. 101-454, eff. 8-23-19.)
21  (210 ILCS 115/21.5 new)
22  Sec. 21.5. Mobile home parks report. Beginning in 2026,
23  the Department shall prepare an annual report that contains,
24  at a minimum, the total number of mobile parks registered with
25  the Department; the total number of mobile home parks that

 

 

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