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Public Act 100-1083
Public Act 1083 100TH GENERAL ASSEMBLY
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Public Act 100-1083
| | SB3261 Enrolled | LRB100 18724 MJP 33958 b |
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| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Abandoned Mobile Home Act is amended by | changing the title of the Act and Sections 10 and 15 and by | adding Section 10.1 as follows:
| (210 ILCS 117/Act title)
| An Act authorizing municipalities, and counties, and | mobile home park owners and operators to remove and dispose of
| abandoned mobile
homes, amending named Acts.
| (210 ILCS 117/10)
| Sec. 10. Definitions. As used in this Act:
| "Manufactured home" means a factory-assembled, completely | integrated structure designed for permanent habitation, with a | permanent chassis, and so constructed as to permit its | transport, on wheels temporarily or permanently attached to its | frame, and is a movable or portable unit that is (i) 8 body | feet or more in width, (ii) 40 body feet or more in length, and | (iii) 320 or more square feet, constructed to be towed on its | own chassis (comprised of frame and wheels) from the place of | its construction to the location, or subsequent locations, at | which it is connected to utilities for year-round occupancy for |
| use as a permanent habitation, and designed and situated so as | to permit its occupancy as a dwelling place for one or more | persons, and specifically includes a "manufactured home" as | defined in subdivision (53) of Section 9-102 of the Uniform | Commercial Code. The term shall include units containing parts | that may be folded, collapsed, or telescoped when being towed | and that may be expected to provide additional cubic capacity, | and that are designed to be joined into one integral unit | capable of being separated again into the components for | repeated towing. The term excludes campers and recreational | vehicles. The words "mobile home" and "manufactured home" are | synonymous for the purposes of this Act.
| "Abandoned mobile home" means a mobile home located inside | a mobile home park that has no owner currently
residing in the | mobile home or authorized tenant of the owner currently
| residing in the mobile home to the best knowledge of the mobile | home park owner or operator or municipality;
has had its | electricity,
natural gas, sewer, and water utilities | terminated or disconnected payments declared delinquent
by the | utility companies or mobile home park owner or operator that | are providing such services; and for which
the Mobile Home | Privilege Tax, imposed under the Mobile Home Local
Services Tax | Act, is delinquent for at least 3 months. A mobile home affixed | to a foundation and abandoned outside a mobile home park must | be treated like other real property for condemnation purposes.
| "Manufactured home owner" means a person who holds title to |
| a manufactured home. | "Manufactured home resident" means a manufactured home | owner who rents space in a mobile home park from a mobile home | park owner or operator for the purpose of locating his or her | manufactured home or a person who rents a manufactured home in | a mobile home park from a mobile home park owner or operator. | "Mobile home park" has the meaning provided under Section | 2.5 of the Mobile Home Park Act. | "Municipality" means any city, village, incorporated town, | or its duly
authorized agent. If an abandoned mobile home is | located in an
unincorporated area, the county where the mobile | home is located shall have
all powers granted to a
municipality | under this Act.
| (Source: P.A. 98-749, eff. 7-16-14.)
| (210 ILCS 117/10.1 new) | Sec. 10.1. Proceedings. | (a) A proceeding to remove an abandoned mobile home may be | maintained by the mobile home park owner or operator in the | circuit court in the county in which the manufactured home is | situated. | (b) A mobile home park owner or operator may commence a | proceeding to obtain a judgment of the court declaring that a | manufactured home has been abandoned upon proof of all of the | following: | (1) The manufactured home has been vacant for a period |
| of not less than 180 days without notice to the mobile home | park owner or operator; however, the period shall be 90 | days if a judgment of eviction with respect to the | manufactured home has been entered. | (2) The manufactured home resident has defaulted in the | payment of rent for a period of more than 60 days. | (3) At least 30 days before commencing the proceeding, | the mobile home park owner or operator has notified all | known holders of liens against the manufactured home, | manufactured home owners, and manufactured home residents | to the last known address by certified mail, return receipt | requested. The notice shall also be sent by certified mail, | return receipt requested, to the last person who paid the | mobile home privilege tax on the mobile home as shown on | the records of the county treasurer of the county where the | mobile home is located. Before commencing a proceeding | under this Act, the mobile home park owner or operator | shall cause a search to be done to determine whether there | are any lienholders with an existing interest in the | manufactured home. The notice shall include a description | of the manufactured home and its location, and that | proceedings will be initiated by the mobile home park owner | or operator under this Section for the removal and disposal | of the manufactured home. The notice shall also describe | the procedure for the manufactured home owner or | manufactured home resident to retrieve any household goods |
| or other personal property in the manufactured home before | the conclusion of proceedings under this Section. | (4) At least 3 of the following factors apply: | (A) the manufactured home has no owner currently | residing in the home or authorized tenant of the owner | currently residing in the home to the best knowledge of | the mobile home park owner or operator; | (B) electricity, natural gas, sewer, and water | utility services to the manufactured home have been | terminated or disconnected by the utility provider or | the mobile home park owner or operator; | (C) the mobile home privilege tax, imposed under | the Mobile Home Local Services Tax Act, is delinquent | for at least 3 months; | (D) the manufactured home is in a state of | substantial disrepair that makes the manufactured home | uninhabitable; or | (E) other objective evidence of abandonment that | the court finds reliable. | (c) A proceeding under this Act shall be commenced by | filing a complaint naming as defendants all known holders of | liens against the manufactured home, manufactured home owners, | and manufactured home residents. The complaint shall comply | with the requirements of a complaint under the Code of Civil | Procedure. The summons shall state that if the defendant fails | to answer and establish any defense that he or she may have, |
| then he or she may be precluded from asserting such defense or | the claim on which it is based in any other proceeding or | action, that a final judgment may be entered if the court finds | that the plaintiff has made the requisite showing, and that the | result of that final judgment shall be the loss of the | manufactured home resident's home. Service of the summons and | complaint, return of process, and filing of an answer or other | responsive pleading shall conform to the requirements of the | Code of Civil Procedure and Supreme Court Rules. | (d) Upon the entry of a judgment that a manufactured home | has been abandoned, the mobile home park owner or operator | shall execute the judgment and cause the removal of the | manufactured home from the mobile home park within 30 days | after delivery of the judgment. | (e) The judgment shall clearly recite that a declaration of | abandonment has been granted and that the manufactured home | will be removed from the mobile home park no later than the | 30th day after the delivery of the judgment unless an alternate | disposition is ordered under subsection (f). | (f) As used in this subsection, "diligent inquiry" means | sending a notice by certified mail to the last known address. | In lieu of ordering the removal of a manufactured home, the | court may, upon good cause shown, provide for an alternate | disposition of the manufactured home, including, but not | limited to, sale, assignment of title, or destruction. When a | manufactured home is disposed of under this Section through a |
| sale of the manufactured home, the mobile home park owner or | operator shall, after payment of all outstanding rent, fees, | costs, and expenses to the community, and payment in priority | order to lienholders, including providers of any utility | services, pay any remaining balance to the title holder of the | manufactured home. If the title holder cannot be found through | diligent inquiry after 90 days, then the funds shall be | forfeited. | (g) If any household goods or other personal property of | the defendant remain in the manufactured home at the conclusion | of proceedings under this Act, then the mobile home park owner | or operator shall provide for the storage of the household | goods and personal property for a period of not less than 30 | days after the date of the final judgment of the court | providing for the disposition of the manufactured home. If the | household goods or other personal property are stored in a | self-storage facility, then an amount equal to the charges | imposed for such storage may be recovered from the defendant. | Upon the expiration of such period, the mobile home park owner | or operator: (1) has no further liability for the storage or | safekeeping of such household goods or personal property; and | (2) may provide for the destruction or other disposition of | such household goods or personal property. At least 20 days | before removing any household goods or other personal property | of the defendant that remains in the manufactured home at the | conclusion of proceedings under this Act, the mobile home park |
| owner or operator shall send all known manufactured home owners | and manufactured home residents written notice to the last | known address by certified mail, return receipt requested. The | notice shall include a description of the procedures, | deadlines, and costs for the retrieval of items being stored in | accordance with this subsection (g).
| (210 ILCS 117/15)
| Sec. 15. Authorization. The corporate authority of a | municipality may
remove and
dispose of any abandoned mobile | home found within the municipality and may
legally enter upon | any land to do so if the mobile home park owner or operator of | the mobile home park where the abandoned mobile home is located | has not initiated proceedings under Section 10.1 of this Act | within 45 days after written notice to the mobile home park | owner or operator by certified mail, return receipt requested | stating that the corporate authority intends to take action | under this Act. The notice to the mobile home park owner or | operator shall specify the location of the abandoned mobile | home in the park. This amendatory Act of the 100th General | Assembly shall not be construed to affect any other | authorization or obligation of the corporate authority under | this Act.
| (Source: P.A. 88-516.)
| Section 10. The Illinois Vehicle Code is amended by |
| changing Section 3-117.1 as follows:
| (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
| Sec. 3-117.1. When junking certificates or salvage | certificates must
be obtained. | (a) Except as provided in Chapter 4 and Section 3-117.3 of | this Code, a person who possesses a
junk vehicle shall within | 15 days cause the certificate of title, salvage
certificate, | certificate of purchase, or a similarly acceptable out of state
| document of ownership to be surrendered to the Secretary of | State along with an
application for a junking certificate, | except as provided in Section 3-117.2,
whereupon the Secretary | of State shall issue to such a person a junking
certificate, | which shall authorize the holder thereof to possess, transport,
| or, by an endorsement, transfer ownership in such junked | vehicle, and a
certificate of title shall not again be issued | for such vehicle.
| A licensee who possesses a junk vehicle and a Certificate | of Title,
Salvage Certificate, Certificate of Purchase, or a | similarly acceptable
out-of-state document of ownership for | such junk vehicle, may transport the
junk vehicle to another | licensee prior to applying for or obtaining a
junking | certificate, by executing a uniform invoice. The licensee
| transferor shall furnish a copy of the uniform invoice to the | licensee
transferee at the time of transfer. In any case, the | licensee transferor
shall apply for a junking certificate in |
| conformance with Section 3-117.1
of this Chapter. The following | information shall be contained on a uniform
invoice:
| (1) The business name, address and dealer license | number of the person
disposing of the vehicle, junk vehicle | or vehicle cowl;
| (2) The name and address of the person acquiring the | vehicle, junk
vehicle or vehicle cowl, and if that person | is a dealer, the Illinois or
out-of-state dealer license | number of that dealer;
| (3) The date of the disposition of the vehicle, junk | vehicle or vehicle
cowl;
| (4) The year, make, model, color and description of | each vehicle, junk
vehicle or vehicle cowl disposed of by | such person;
| (5) The manufacturer's vehicle identification number, | Secretary of State
identification number or Illinois | Department of State Police number,
for each vehicle, junk | vehicle or vehicle cowl part disposed of by such person;
| (6) The printed name and legible signature of the | person or agent
disposing of the vehicle, junk vehicle or | vehicle cowl; and
| (7) The printed name and legible signature of the | person accepting
delivery of the vehicle, junk vehicle or | vehicle cowl.
| The Secretary of State may certify a junking manifest in a | form prescribed by
the Secretary of State that reflects those |
| vehicles for which junking
certificates have been applied or | issued. A junking manifest
may be issued to any person and it | shall constitute evidence of ownership
for the vehicle listed | upon it. A junking manifest may be transferred only
to a person | licensed under Section 5-301 of this Code as a scrap processor.
| A junking manifest will allow the transportation of those
| vehicles to a scrap processor prior to receiving the junk | certificate from
the Secretary of State.
| (b) An application for a salvage certificate shall be | submitted to the
Secretary of State in any of the following | situations:
| (1) When an insurance company makes a payment of | damages on a total loss
claim for a vehicle, the insurance | company shall be deemed to be the owner of
such vehicle and | the vehicle shall be considered to be salvage except that
| ownership of (i) a vehicle that has incurred only hail | damage that does
not
affect the operational safety of the | vehicle or (ii) any vehicle
9 model years of age or older | may, by agreement between
the registered owner and the | insurance company, be retained by the registered
owner of | such vehicle. The insurance company shall promptly deliver | or mail
within 20 days the certificate of title along with | proper application and fee
to the Secretary of State, and a | salvage certificate shall be issued in the
name of the | insurance company. Notwithstanding the foregoing, an | insurer making payment of damages on a total loss claim for |
| the theft of a vehicle shall not be required to apply for a | salvage certificate unless the vehicle is recovered and has | incurred damage that initially would have caused the | vehicle to be declared a total loss by the insurer. | (1.1) When a vehicle of a self-insured company is to be | sold in the State of Illinois and has sustained damaged by | collision, fire, theft, rust corrosion, or other means so | that the self-insured company determines the vehicle to be | a total loss, or if the cost of repairing the damage, | including labor, would be greater than 70% of its fair | market value without that damage, the vehicle shall be | considered salvage. The self-insured company shall | promptly deliver the certificate of title along with proper | application and fee to the Secretary of State, and a | salvage certificate shall be issued in the name of the | self-insured company. A self-insured company making | payment of damages on a total loss claim for the theft of a | vehicle may exchange the salvage certificate for a | certificate of title if the vehicle is recovered without | damage. In such a situation, the self-insured shall fill | out and sign a form prescribed by the Secretary of State | which contains an affirmation under penalty of perjury that | the vehicle was recovered without damage and the Secretary | of State may, by rule, require photographs to be submitted.
| (2) When a vehicle the ownership of which has been | transferred to any
person through a certificate of purchase |
| from acquisition of the vehicle at an
auction, other | dispositions as set forth in Sections 4-208 and 4-209
of | this Code, or a lien arising under Section 18a-501 of this | Code,
or a public sale under the Abandoned Mobile Home Act | shall be deemed
salvage or junk at the option of the | purchaser. The person acquiring such
vehicle in such manner | shall promptly deliver or mail, within 20 days after the
| acquisition of the vehicle, the certificate of purchase, | the
proper application and fee, and, if the vehicle is an | abandoned mobile home
under the Abandoned Mobile Home Act, | a certification from a local law
enforcement agency that | the vehicle was purchased or acquired at a public sale
| under the Abandoned Mobile Home Act to the Secretary of | State and a salvage
certificate or junking certificate | shall be issued in the name of that person.
The salvage | certificate or junking certificate issued by the Secretary | of State
under this Section shall be free of any lien that | existed against the vehicle
prior to the time the vehicle | was acquired by the applicant under this Code.
| (3) A vehicle which has been repossessed by a | lienholder shall be
considered to be salvage only when the | repossessed vehicle, on the date of
repossession by the | lienholder, has sustained damage by collision, fire, | theft,
rust corrosion, or other means so that the cost of | repairing
such damage, including labor, would be greater | than 33 1/3% of its fair market
value without such damage. |
| If the lienholder determines that such vehicle is
damaged | in excess of 33 1/3% of such fair market value, the | lienholder shall,
before sale, transfer or assignment of | the vehicle, make application for a
salvage certificate, | and shall submit with such application the proper fee
and | evidence of possession. If the facts required to be shown | in
subsection (f) of Section 3-114 are satisfied, the | Secretary of State shall
issue a salvage certificate in the | name of the lienholder making the
application. In any case | wherein the vehicle repossessed is not damaged in
excess of | 33 1/3% of its fair market value, the lienholder
shall | comply with the requirements of subsections (f), (f-5), and | (f-10) of
Section 3-114, except that the affidavit of | repossession made by or on behalf
of the lienholder
shall | also contain an affirmation under penalty of perjury that | the vehicle
on
the date of sale is not
damaged in
excess of | 33 1/3% of its fair market value. If the facts required to | be shown
in subsection (f) of Section 3-114 are satisfied, | the Secretary of State
shall issue a certificate of title | as set forth in Section 3-116 of this Code.
The Secretary | of State may by rule or regulation require photographs to | be
submitted.
| (4) A vehicle which is a part of a fleet of more than 5 | commercial
vehicles registered in this State or any other | state or registered
proportionately among several states | shall be considered to be salvage when
such vehicle has |
| sustained damage by collision, fire, theft, rust,
| corrosion or similar means so that the cost of repairing | such damage, including
labor, would be greater than 33 1/3% | of the fair market value of the vehicle
without such | damage. If the owner of a fleet vehicle desires to sell,
| transfer, or assign his interest in such vehicle to a | person within this State
other than an insurance company | licensed to do business within this State, and
the owner | determines that such vehicle, at the time of the proposed | sale,
transfer or assignment is damaged in excess of 33 | 1/3% of its fair market
value, the owner shall, before such | sale, transfer or assignment, make
application for a | salvage certificate. The application shall contain with it
| evidence of possession of the vehicle. If the fleet vehicle | at the time of its
sale, transfer, or assignment is not | damaged in excess of 33 1/3% of its
fair market value, the | owner shall so state in a written affirmation on a
form | prescribed by the Secretary of State by rule or regulation. | The
Secretary of State may by rule or regulation require | photographs to be
submitted. Upon sale, transfer or | assignment of the fleet vehicle the
owner shall mail the | affirmation to the Secretary of State.
| (5) A vehicle that has been submerged in water to the
| point that rising water has reached over the door sill and | has
entered the
passenger or trunk compartment is a "flood | vehicle". A flood vehicle shall
be considered to be salvage |
| only if the vehicle has sustained damage so that
the cost | of repairing the damage, including labor, would be greater | than 33
1/3% of the fair market value of the vehicle | without that damage. The salvage
certificate issued under | this
Section shall indicate the word "flood", and the word | "flood" shall be
conspicuously entered on subsequent | titles for the vehicle. A person who
possesses or acquires | a flood vehicle that is not damaged in excess of 33 1/3%
of | its fair market value shall make application for title in | accordance with
Section 3-116 of this Code, designating the | vehicle as "flood" in a manner
prescribed by the Secretary | of State. The certificate of title issued shall
indicate | the word "flood", and the word "flood" shall be | conspicuously entered
on subsequent titles for the | vehicle.
| (6) When any licensed rebuilder, repairer, new or used | vehicle dealer, or remittance agent has submitted an | application for title to a vehicle (other than an | application for title to a rebuilt vehicle) that he or she | knows or reasonably should have known to have sustained | damages in excess of 33 1/3% of the vehicle's fair market | value without that damage; provided, however, that any | application for a salvage certificate for a vehicle | recovered from theft and acquired from an insurance company | shall be made as required by paragraph (1) of this | subsection (b). |
| (c) Any person who without authority acquires, sells, | exchanges, gives
away, transfers or destroys or offers to | acquire, sell, exchange, give
away, transfer or destroy the | certificate of title to any vehicle which is
a junk or salvage | vehicle shall be guilty of a Class 3 felony.
| (d) Any person who knowingly fails to surrender to the | Secretary of State a
certificate of title, salvage certificate, | certificate of purchase or a
similarly acceptable out-of-state | document of ownership as required under
the provisions of this | Section is guilty of a Class A misdemeanor for a
first offense | and a Class 4 felony for a subsequent offense; except that a
| person licensed under this Code who violates paragraph (5) of | subsection (b)
of this Section is
guilty of a business offense | and shall be fined not less than $1,000 nor more
than $5,000 | for a first offense and is guilty of a Class 4 felony
for a | second or subsequent violation.
| (e) Any vehicle which is salvage or junk may not be driven | or operated
on roads and highways within this State. A | violation of this subsection is
a Class A misdemeanor. A | salvage vehicle displaying valid special plates
issued under | Section 3-601(b) of this Code, which is being driven to or
from | an inspection conducted under Section 3-308 of this Code, is | exempt
from the provisions of this subsection. A salvage | vehicle for which a
short term permit has been issued under | Section 3-307 of this Code is
exempt from the provisions of | this subsection for the duration of the permit.
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| (Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17.)
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Effective Date: 1/1/2019
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