Illinois 2023-2024 Regular Session

Illinois House Bill HB4467 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0819
2	1		HB4467 EnrolledLRB103 35652 JAG 65727 b HB4467 Enrolled LRB103 35652 JAG 65727 b
3	2		HB4467 Enrolled LRB103 35652 JAG 65727 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Mobile Home Park Act is amended by changing
8		-	Sections 3, 4.4, and 6 and by adding Sections 5.5 and 21.5 as
9		-	follows:
10		-	(210 ILCS 115/3) (from Ch. 111 1/2, par. 713)
11		-	Sec. 3. No person, firm or corporation shall establish,
12		-	maintain, conduct, or operate a mobile home park after April
13		-	30, 1972, without a license therefor from the Department.
14		-	Subject to the requirements and limits of this Section,
15		-	operating a mobile home park without a current license shall
16		-	result in a late fee of $50 for the first month of
17		-	noncompliance and $100 per day thereafter. Licenses issued
18		-	under this Act are nontransferable. If the mobile home park is
19		-	sold, the application for a new license shall be mailed to the
20		-	Department and postmarked no later than 10 days after the date
21		-	the deed for the transaction is recorded, as evidenced by the
22		-	county recorder's stamp on the deed. All license fees,
23		-	including late fees and reinspection fees, of the prior owner
24		-	or owners must be paid before a license is issued. No late fee
25		-	shall be imposed as long as the new license is requested within
26		-	the timeframe specified. The current name, address, email
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Mobile Home Park Act is amended by changing
	7	+	5 Sections 3, 4.4, and 6 and by adding Sections 5.5 and 21.5 as
	8	+	6 follows:
	9	+	7 (210 ILCS 115/3) (from Ch. 111 1/2, par. 713)
	10	+	8 Sec. 3. No person, firm or corporation shall establish,
	11	+	9 maintain, conduct, or operate a mobile home park after April
	12	+	10 30, 1972, without a license therefor from the Department.
	13	+	11 Subject to the requirements and limits of this Section,
	14	+	12 operating a mobile home park without a current license shall
	15	+	13 result in a late fee of $50 for the first month of
	16	+	14 noncompliance and $100 per day thereafter. Licenses issued
	17	+	15 under this Act are nontransferable. If the mobile home park is
	18	+	16 sold, the application for a new license shall be mailed to the
	19	+	17 Department and postmarked no later than 10 days after the date
	20	+	18 the deed for the transaction is recorded, as evidenced by the
	21	+	19 county recorder's stamp on the deed. All license fees,
	22	+	20 including late fees and reinspection fees, of the prior owner
	23	+	21 or owners must be paid before a license is issued. No late fee
	24	+	22 shall be imposed as long as the new license is requested within
	25	+	23 the timeframe specified. The current name, address, email
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33		-	address, and telephone number of the licensee and mobile home
34		-	park manager shall be displayed at all times on the mobile home
35		-	park property in a location visible to the public and
36		-	protected from weather. "Conduct or operate a mobile home
37		-	park" as used in this Act shall include, but not necessarily be
38		-	limited to supplying or maintaining common water, sewer or
39		-	other utility supply or service, or the collection of rents
40		-	directly or indirectly from 5 five or more independent mobile
41		-	homes. Such license shall expire April 30 of each year and a
42		-	new license shall be issued upon proper application and
43		-	payment of any unpaid reinspection fees and the annual license
44		-	fee provided the applicant is in substantial compliance with
45		-	the Rules and Regulations of the Department. No late fee shall
46		-	be imposed as long as the renewal license is requested within
47		-	the time frame specified.
48		-	(Source: P.A. 101-454, eff. 8-23-19.)
49		-	(210 ILCS 115/4.4) (from Ch. 111 1/2, par. 714.4)
50		-	Sec. 4.4. A mobile home park whose license has been
51		-	voided, suspended, denied or revoked may be relicensed after
52		-	the mobile home park is in substantial compliance, all
53		-	delinquent licensing fees are paid, all delinquent
54		-	reinspection fees are paid, and the mobile home park submits
55		-	an application and application fee by submission of the
56		-	application items required in paragraphs (a), (b), (c) and (e)
57		-	of Section 4 and an application fee which is nonrefundable.
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	34	+	1 address, and telephone number of the licensee and mobile home
	35	+	2 park manager shall be displayed at all times on the mobile home
	36	+	3 park property in a location visible to the public and
	37	+	4 protected from weather. "Conduct or operate a mobile home
	38	+	5 park" as used in this Act shall include, but not necessarily be
	39	+	6 limited to supplying or maintaining common water, sewer or
	40	+	7 other utility supply or service, or the collection of rents
	41	+	8 directly or indirectly from 5 five or more independent mobile
	42	+	9 homes. Such license shall expire April 30 of each year and a
	43	+	10 new license shall be issued upon proper application and
	44	+	11 payment of any unpaid reinspection fees and the annual license
	45	+	12 fee provided the applicant is in substantial compliance with
	46	+	13 the Rules and Regulations of the Department. No late fee shall
	47	+	14 be imposed as long as the renewal license is requested within
	48	+	15 the time frame specified.
	49	+	16 (Source: P.A. 101-454, eff. 8-23-19.)
	50	+	17 (210 ILCS 115/4.4) (from Ch. 111 1/2, par. 714.4)
	51	+	18 Sec. 4.4. A mobile home park whose license has been
	52	+	19 voided, suspended, denied or revoked may be relicensed after
	53	+	20 the mobile home park is in substantial compliance, all
	54	+	21 delinquent licensing fees are paid, all delinquent
	55	+	22 reinspection fees are paid, and the mobile home park submits
	56	+	23 an application and application fee by submission of the
	57	+	24 application items required in paragraphs (a), (b), (c) and (e)
	58	+	25 of Section 4 and an application fee which is nonrefundable.
58	59
59	60
60		-	The application fee For applications submitted prior to the
61		-	effective date of this amendatory Act of the 101st General
62		-	Assembly, the fee shall be $50. For applications submitted on
63		-	or after the effective date of this amendatory Act of the 101st
64		-	General Assembly, the fee shall be $250. Approval shall be
65		-	issued if an inspection of the park by the Department
66		-	indicates substantial compliance with this Act and the rules
67		-	promulgated pursuant to this Act.
68		-	(Source: P.A. 101-454, eff. 8-23-19.)
69		-	(210 ILCS 115/5.5 new)
70		-	Sec. 5.5. Mobile home park annual inspection.
71		-	(a) The Department shall conduct an annual inspection of
72		-	each mobile home park. If Type B or Type C violations under 77
73		-	Ill. Adm. Code 860.540 are documented during the annual
74		-	inspection and the Department is required to reinspect the
75		-	mobile home park to ensure the violations have been corrected,
76		-	the Department, at its discretion, may charge a reinspection
77		-	fee of $300 per visit due within 30 days after the date of the
78		-	invoice after the reinspection occurs and no later than at the
79		-	time of license renewal. All licensing fees and reinspection
80		-	fees are nonrefundable. The Department shall provide an annual
81		-	inspection report to management of the mobile home park in
82		-	which the Department shall identify any violation that it
83		-	considers substantial and that it has determined would prevent
84		-	issuance of a license if not corrected prior to license
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87		-	renewal. The Department shall conduct all annual inspections
88		-	so that the park owner and management shall have at least 60
89		-	days prior to license renewal to correct and remedy any
90		-	substantial violations identified in order to prevent
91		-	nonrenewal of the license and the imposition of fees provided
92		-	in this subsection. The Department shall renew any license, at
93		-	least for a temporary period of 60 days, for which it does not
94		-	timely identify substantial violations and provide opportunity
95		-	for park management to remedy any nonsubstantial violations.
96		-	(b) Reinspection shall not be required for any
97		-	nonsubstantial violation identified by the Department in the
98		-	annual inspection report, but the park owner or management
99		-	shall provide evidence in writing, a written statement signed
100		-	by the owner or management shall be sufficient for this
101		-	purpose, to the Department within 60 days of receipt of the
102		-	report that such nonsubstantial violations have been corrected
103		-	or a statement to the Department to the effect that park owner
104		-	or management disagrees or disputes that nonsubstantial
105		-	violations have occurred and providing support for the park
106		-	owner's or management's position.
107		-	(210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
108		-	Sec. 6. In addition to the application fees provided for
109		-	herein, the licensee shall pay to the Department on or before
110		-	March 31 of each year, an annual license fee. The For calendar
111		-	years prior to 2020, the annual license fee shall be $100 plus
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114		-	$4 for each mobile home space in the park. Beginning in
115		-	calendar year 2020, the annual license fee shall be as
116		-	follows:
117		-	(1) for 2025, $300 per mobile home park plus $15 for
118		-	each mobile home site in the park;
119		-	(2) for 2026, $300 per mobile home park plus $17 for
120		-	each mobile home site in the park;
121		-	(3) for 2027, $300 per mobile home park plus $19 for
122		-	each mobile home site in the park;
123		-	(4) for 2028, $300 per mobile home park plus $21 for
124		-	each mobile home site in the park;
125		-	(5) for 2029, $300 per mobile home park plus $23 for
126		-	each mobile home site in the park; and
127		-	(6) for 2030 and for each year thereafter, $300 per
128		-	mobile home park plus $25 for each mobile home site in the
129		-	park. $250 plus $7 for each mobile home space in the park.
130		-	Annual license fees submitted after April 30 shall be
131		-	subject to a $50 late fee. If the mobile home park fails to pay
132		-	its annual license fees by April 30, the Department may, in its
133		-	reasonable discretion, impose a late fee of $50 for the first
134		-	month and up to $100 per day beginning on June 1 of the same
135		-	year until the fees are paid. The licensee shall also complete
136		-	and return a license renewal application by March 31 of each
137		-	year.
138		-	The For notifications sent prior to the effective date of
139		-	this amendatory Act of the 101st General Assembly, the
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	69	+	1 The application fee For applications submitted prior to the
	70	+	2 effective date of this amendatory Act of the 101st General
	71	+	3 Assembly, the fee shall be $50. For applications submitted on
	72	+	4 or after the effective date of this amendatory Act of the 101st
	73	+	5 General Assembly, the fee shall be $250. Approval shall be
	74	+	6 issued if an inspection of the park by the Department
	75	+	7 indicates substantial compliance with this Act and the rules
	76	+	8 promulgated pursuant to this Act.
	77	+	9 (Source: P.A. 101-454, eff. 8-23-19.)
	78	+	10 (210 ILCS 115/5.5 new)
	79	+	11 Sec. 5.5. Mobile home park annual inspection.
	80	+	12 (a) The Department shall conduct an annual inspection of
	81	+	13 each mobile home park. If Type B or Type C violations under 77
	82	+	14 Ill. Adm. Code 860.540 are documented during the annual
	83	+	15 inspection and the Department is required to reinspect the
	84	+	16 mobile home park to ensure the violations have been corrected,
	85	+	17 the Department, at its discretion, may charge a reinspection
	86	+	18 fee of $300 per visit due within 30 days after the date of the
	87	+	19 invoice after the reinspection occurs and no later than at the
	88	+	20 time of license renewal. All licensing fees and reinspection
	89	+	21 fees are nonrefundable. The Department shall provide an annual
	90	+	22 inspection report to management of the mobile home park in
	91	+	23 which the Department shall identify any violation that it
	92	+	24 considers substantial and that it has determined would prevent
	93	+	25 issuance of a license if not corrected prior to license
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142		-	licensee shall pay to the Department within 30 days of receipt
143		-	of notification from the Department $6 for each additional
144		-	mobile home site added to his park under authority of a written
145		-	permit to alter the park as provided in Section 4.2 of this
146		-	Act, payment for the additional mobile home sites to be made
147		-	and an amended license therefor obtained before any mobile
148		-	homes are accommodated on the additional mobile home spaces.
149		-	The Department shall issue an amended license to cover such
150		-	additional mobile home sites, when they are to be occupied
151		-	before the end of the license year, for which an annual license
152		-	has been previously issued. For notifications sent on or after
153		-	the effective date of this amendatory Act of the 101st General
154		-	Assembly, the licensee shall pay to the Department within 30
155		-	days of receipt of notification from the Department the amount
156		-	per additional mobile home park site as set forth in this
157		-	Section $11 for each additional mobile home site added to the
158		-	his park under authority of a written permit to alter the park
159		-	as provided in Section 4.2. Payment of this Act, payment for
160		-	the additional mobile home sites shall to be made and an
161		-	amended license applied for therefor obtained before occupancy
162		-	of any mobile homes are accommodated on the additional mobile
163		-	home spaces. The Department shall issue an amended license to
164		-	cover such additional mobile home sites, when they are to be
165		-	occupied before the end of the license year, for which an
166		-	annual license has been previously issued.
167		-	Subsequent to the effective date of this Act, an applicant
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170		-	for an original license to operate a new park constructed
171		-	under a permit issued by the Department shall only be required
172		-	to pay 1/4 of the annual fee if such park begins operation
173		-	after the 31st day of January and before the 1st day of May of
174		-	such licensing year; or 1/2 of the annual fee if such park
175		-	begins operation after the 31st day of October and before the
176		-	1st day of February of such licensing year or 3/4 of the annual
177		-	fee if such park begins operation after the 31st day of July
178		-	and before the 1st day of November of such licensing year; but
179		-	shall be required to pay the entire annual fee if such park
180		-	begins operation after the 30th day of April and before the 1st
181		-	day of August of such licensing year.
182		-	Each license fee shall be paid to the Department and any
183		-	license fee or any part thereof, once paid to and accepted by
184		-	the Department shall not be refunded.
185		-	The Department shall deposit all funds received under this
186		-	Act into the Facility Licensing Fund. Subject to
187		-	appropriation, moneys in the Fund shall be used for the
188		-	enforcement of this Act.
189		-	(Source: P.A. 101-454, eff. 8-23-19.)
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	104	+	1 renewal. The Department shall conduct all annual inspections
	105	+	2 so that the park owner and management shall have at least 60
	106	+	3 days prior to license renewal to correct and remedy any
	107	+	4 substantial violations identified in order to prevent
	108	+	5 nonrenewal of the license and the imposition of fees provided
	109	+	6 in this subsection. The Department shall renew any license, at
	110	+	7 least for a temporary period of 60 days, for which it does not
	111	+	8 timely identify substantial violations and provide opportunity
	112	+	9 for park management to remedy any nonsubstantial violations.
	113	+	10 (b) Reinspection shall not be required for any
	114	+	11 nonsubstantial violation identified by the Department in the
	115	+	12 annual inspection report, but the park owner or management
	116	+	13 shall provide evidence in writing, a written statement signed
	117	+	14 by the owner or management shall be sufficient for this
	118	+	15 purpose, to the Department within 60 days of receipt of the
	119	+	16 report that such nonsubstantial violations have been corrected
	120	+	17 or a statement to the Department to the effect that park owner
	121	+	18 or management disagrees or disputes that nonsubstantial
	122	+	19 violations have occurred and providing support for the park
	123	+	20 owner's or management's position.
	124	+	21 (210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
	125	+	22 Sec. 6. In addition to the application fees provided for
	126	+	23 herein, the licensee shall pay to the Department on or before
	127	+	24 March 31 of each year, an annual license fee. The For calendar
	128	+	25 years prior to 2020, the annual license fee shall be $100 plus
	129	+
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	139	+	1 $4 for each mobile home space in the park. Beginning in
	140	+	2 calendar year 2020, the annual license fee shall be as
	141	+	3 follows:
	142	+	4 (1) for 2025, $300 per mobile home park plus $15 for
	143	+	5 each mobile home site in the park;
	144	+	6 (2) for 2026, $300 per mobile home park plus $17 for
	145	+	7 each mobile home site in the park;
	146	+	8 (3) for 2027, $300 per mobile home park plus $19 for
	147	+	9 each mobile home site in the park;
	148	+	10 (4) for 2028, $300 per mobile home park plus $21 for
	149	+	11 each mobile home site in the park;
	150	+	12 (5) for 2029, $300 per mobile home park plus $23 for
	151	+	13 each mobile home site in the park; and
	152	+	14 (6) for 2030 and for each year thereafter, $300 per
	153	+	15 mobile home park plus $25 for each mobile home site in the
	154	+	16 park. $250 plus $7 for each mobile home space in the park.
	155	+	17 Annual license fees submitted after April 30 shall be
	156	+	18 subject to a $50 late fee. If the mobile home park fails to pay
	157	+	19 its annual license fees by April 30, the Department may, in its
	158	+	20 reasonable discretion, impose a late fee of $50 for the first
	159	+	21 month and up to $100 per day beginning on June 1 of the same
	160	+	22 year until the fees are paid. The licensee shall also complete
	161	+	23 and return a license renewal application by March 31 of each
	162	+	24 year.
	163	+	25 The For notifications sent prior to the effective date of
	164	+	26 this amendatory Act of the 101st General Assembly, the
	165	+
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	175	+	1 licensee shall pay to the Department within 30 days of receipt
	176	+	2 of notification from the Department $6 for each additional
	177	+	3 mobile home site added to his park under authority of a written
	178	+	4 permit to alter the park as provided in Section 4.2 of this
	179	+	5 Act, payment for the additional mobile home sites to be made
	180	+	6 and an amended license therefor obtained before any mobile
	181	+	7 homes are accommodated on the additional mobile home spaces.
	182	+	8 The Department shall issue an amended license to cover such
	183	+	9 additional mobile home sites, when they are to be occupied
	184	+	10 before the end of the license year, for which an annual license
	185	+	11 has been previously issued. For notifications sent on or after
	186	+	12 the effective date of this amendatory Act of the 101st General
	187	+	13 Assembly, the licensee shall pay to the Department within 30
	188	+	14 days of receipt of notification from the Department the amount
	189	+	15 per additional mobile home park site as set forth in this
	190	+	16 Section $11 for each additional mobile home site added to the
	191	+	17 his park under authority of a written permit to alter the park
	192	+	18 as provided in Section 4.2. Payment of this Act, payment for
	193	+	19 the additional mobile home sites shall to be made and an
	194	+	20 amended license applied for therefor obtained before occupancy
	195	+	21 of any mobile homes are accommodated on the additional mobile
	196	+	22 home spaces. The Department shall issue an amended license to
	197	+	23 cover such additional mobile home sites, when they are to be
	198	+	24 occupied before the end of the license year, for which an
	199	+	25 annual license has been previously issued.
	200	+	26 Subsequent to the effective date of this Act, an applicant
	201	+
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	211	+	1 for an original license to operate a new park constructed
	212	+	2 under a permit issued by the Department shall only be required
	213	+	3 to pay 1/4 of the annual fee if such park begins operation
	214	+	4 after the 31st day of January and before the 1st day of May of
	215	+	5 such licensing year; or 1/2 of the annual fee if such park
	216	+	6 begins operation after the 31st day of October and before the
	217	+	7 1st day of February of such licensing year or 3/4 of the annual
	218	+	8 fee if such park begins operation after the 31st day of July
	219	+	9 and before the 1st day of November of such licensing year; but
	220	+	10 shall be required to pay the entire annual fee if such park
	221	+	11 begins operation after the 30th day of April and before the 1st
	222	+	12 day of August of such licensing year.
	223	+	13 Each license fee shall be paid to the Department and any
	224	+	14 license fee or any part thereof, once paid to and accepted by
	225	+	15 the Department shall not be refunded.
	226	+	16 The Department shall deposit all funds received under this
	227	+	17 Act into the Facility Licensing Fund. Subject to
	228	+	18 appropriation, moneys in the Fund shall be used for the
	229	+	19 enforcement of this Act.
	230	+	20 (Source: P.A. 101-454, eff. 8-23-19.)
	231	+	21 (210 ILCS 115/21.5 new)
	232	+	22 Sec. 21.5. Mobile home parks report. Beginning in 2026,
	233	+	23 the Department shall prepare an annual report that contains,
	234	+	24 at a minimum, the total number of mobile parks registered with
	235	+	25 the Department; the total number of mobile home parks that
	236	+
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