Public Act 101-0454
 
HB0925 EnrolledLRB101 05874 HLH 50894 b


  
    AN ACT concerning revenue.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Mobile Home Local Services Tax Act is 
amended  by changing Section 9 as follows:
 



    (35 ILCS 515/9)  (from Ch. 120, par. 1209)



    Sec. 9. Additional charge for delinquent taxes; penalty for 
fraud. For
taxable years prior to 2003, if any local services 
tax, or part thereof,
imposed by this Act is not
paid on or 
before the due date for such tax, interest on such amount at

the rate of 1 1/2% per month shall be paid for the period from 
such due date
to the date of payment of such amount.
Except as 
otherwise provided in this Section, for For taxable year 2003 
and thereafter, if any local services tax, or part
thereof, 
imposed by this Act is not paid on or before the due date for 
such
tax, the taxpayer shall be required to pay a penalty of 
$25 per month, or any
portion thereof, not to exceed $100. In 
counties with a population of more than 700,000 and less than 
900,000, if any local services tax, or part
thereof, imposed by 
this Act is not paid on or before the due date for such
tax, the 
taxpayer shall be required to pay a penalty of $25 per month, 
or any portion thereof, not to exceed the lesser of (i) $100 or 
(ii) 50% of the original tax imposed. In all counties, if If 
such failure to pay such tax
is the result of fraud, there 
shall be added to the tax as a penalty an
amount equal to 50% of 
the deficiency.

(Source: P.A. 92-807, eff. 1-1-03.)

 
    Section 10. The Mobile Home Park Act is amended  by adding 
Section 2.11 as follows:
 
    (210 ILCS 115/2.11 new)
    Sec. 2.11. Normal maintenance.  "Normal maintenance" means 
servicing or repairing existing devices, equipment, 
facilities, infrastructure, or supporting utilities, or 
replacing those items in identical fashion with the same size, 
make, and model as the existing items and in accordance with 
applicable codes.
 
    Section 15. The Mobile Home Park Act is amended  by changing 
Sections 3, 4, 4.1, 4.2, 4.4, 6, 9.4, 9.8, 9.10, and 19 as 
follows:
 



    (210 ILCS 115/3)  (from Ch. 111 1/2, par. 713)



    Sec. 3. 
No person, firm or corporation shall establish, 
maintain, conduct, or
operate a mobile home park after April 
30, 1972, without first obtaining a
license therefor from the 
Department. "Conduct or operate a mobile home
park" as used in 
this Act shall include, but not necessarily be limited to

supplying or maintaining common water, sewer or other utility 
supply or
service, or the collection of rents directly or 
indirectly from five or
more independent mobile homes. Such 
license shall expire April 30 of each
year and a new license 
shall be issued upon proper application and
payment of the 
annual license fee provided the applicant is in substantial

compliance with the Rules and Regulations of the Department.

(Source: P.A. 85-565.)

 



    (210 ILCS 115/4)  (from Ch. 111 1/2, par. 714)



    Sec. 4. 
In order to obtain a permit to construct a new 
mobile home park
the applicant shall file with the Department a 
written application and plan
documents, including the 
following:

    (a) The full name and address of the applicant or 
applicants, or names
and addresses of the partners if the 
applicant is a partnership, or the
names and addresses of the 
officers if the applicant is a corporation.

    (b) The address, location and legal description of the 
tract of land
upon which it is proposed to construct, operate 
and maintain a mobile home park.

    (c) The name of the mobile home park.

    (d) Detailed plans and specifications sealed by a 
registered engineer
or architect licensed to practice in the 
State of Illinois which include a
general plot plan of the 
mobile home park with all sites and structures
shown, the water 
supply system, the sewage disposal system, the electrical

system, the fuel supply system, the lighting system, the method 
of disposal
of solid waste, all streets and sidewalks, swimming 
and bathing
facilities, fire hydrants and details of all 
auxiliary structures.

    (e) The number of mobile home sites proposed to be 
constructed or licensed.

    (f) A statement of the fire-fighting facilities, public or 
private,
which are available to the mobile home park.

    (g) A plan review fee of $100, which is nonrefundable. For 
permits filed prior to the effective date of this amendatory 
Act of the 101st General Assembly, the fee shall be $100. For 
permits filed on or after the effective date of this amendatory 
Act of the 101st General Assembly, the fee shall be $500. 

(Source: P.A. 85-565.)

 



    (210 ILCS 115/4.1)  (from Ch. 111 1/2, par. 714.1)



    Sec. 4.1. 
A mobile home park constructed prior to the 
effective date
of this amendatory Act of 1987 but not licensed 
by the Department shall not
require a construction permit.  A 
written application for an original
license shall be submitted 
to the Department which shall include the
information required 
in paragraphs (a), (b), (c), (e) and (f) of Section 4
in 
addition to plans showing the location of all structures and 
utilities at
the mobile home park.  A fee of $100 is required 
and shall not be refundable. For mobile home parks constructed 
prior to the effective date of this amendatory Act of the 101st 
General Assembly, the fee shall be $100. For mobile home parks 
constructed on or after the effective date of this amendatory 
Act of the 101st General Assembly, the fee shall be $250. 

(Source: P.A. 85-565.)

 



    (210 ILCS 115/4.2)  (from Ch. 111 1/2, par. 714.2)



    Sec. 4.2. 
An application for a permit to alter a licensed 
mobile home
park shall be submitted to the Department for any 
changes to the water,
sewage, fuel, or electrical systems other 
than normal maintenance, the
relocation of sites or the 
expansion of the number of sites in the park.
Detailed plans 
and specifications shall be provided to show compliance with

this Act and the promulgated rules.   A plan review fee of $50 
shall
accompany the application.  For permits submitted prior to 
the effective date of this amendatory Act of the 101st General 
Assembly, the fee shall be $50. For permits submitted on or 
after the effective date of this amendatory Act of the 101st 
General Assembly, the fee shall be $150. This fee shall not be 
refundable.
Construction shall not commence until a permit is 
issued.

(Source: P.A. 85-565.)

 



    (210 ILCS 115/4.4)  (from Ch. 111 1/2, par. 714.4)



    Sec. 4.4. 
A mobile home park whose license has been voided, 
suspended,
denied or revoked may be relicensed by submission of 
the application items
required in paragraphs (a), (b), (c) and 
(e) of Section 4 and an
application fee of $50 which is 
nonrefundable. For applications submitted prior to the 
effective date of this amendatory Act of the 101st General 
Assembly, the fee shall be $50. For applications submitted on 
or after the effective date of this amendatory Act of the 101st 
General Assembly, the fee shall be $250. Approval shall be 
issued if
an inspection of the park by the Department indicates 
compliance with this
Act and the rules promulgated pursuant to 
this Act.

(Source: P.A. 85-565.)

 
    (210 ILCS 115/6)  (from Ch. 111 1/2, par. 716)

    Sec. 6. In addition to the application fees provided for 
herein, the
licensee shall pay to the Department on or before 
March 31 of each year, an
annual license fee which shall be 
$100 plus $4 for each mobile home space
in the park. For 
calendar years prior to 2020, the annual license fee shall be 
$100 plus $4 for each mobile home space
in the park. Beginning 
in calendar year 2020, the annual license fee shall be $250 
plus $7 for each mobile home space
in the park. Annual license 
fees submitted after April 30 shall be subject
to a $50 late 
fee.  The licensee shall also complete and return a license

renewal application by March 31 of each year.


    For notifications sent prior to the effective date of this 
amendatory Act of the 101st General Assembly, the The licensee 
shall pay to the Department within 30 days of receipt of

notification from the Department $6 for each additional mobile

home site added to his park under authority of a written permit 
to alter
the park as provided in Section 4.2 of this Act, 
payment for the additional
mobile home sites to be made and an 
amended license therefor obtained
before any mobile homes are 
accommodated on the additional mobile home
spaces. The 
Department shall issue an amended license to cover such

additional mobile home sites, when they are to be occupied 
before the end
of the license year, for which an annual license 
has been previously issued.
For notifications sent on or after 
the effective date of this amendatory Act of the 101st General 
Assembly, the licensee shall pay to the Department within 30 
days of receipt of
notification from the Department $11 for 
each additional mobile
home site added to his park under 
authority of a written permit to alter
the park as provided in 
Section 4.2 of this Act, payment for the additional
mobile home 
sites to be made and an amended license therefor obtained

before any mobile homes are accommodated on the additional 
mobile home
spaces. The Department shall issue an amended 
license to cover such
additional mobile home sites, when they 
are to be occupied before the end
of the license year, for 
which an annual license has been previously issued. 

    Subsequent to the effective date of this Act, an applicant

for an original license to operate a new park constructed under 
a permit
issued by the Department shall only be required to pay 
1/4 of the annual
fee if such park begins operation after the 
31st day of January and before
the 1st day of May of such 
licensing year; or 1/2 of the annual fee if such
park begins 
operation after the 31st day of October and before the 1st day

of February of such licensing year or 3/4 of the annual fee if 
such park
begins operation after the 31st day of July and 
before the 1st day of
November of such licensing year; but 
shall be required to pay the entire
annual fee if such park 
begins operation after the 30th day of April and
before the 1st 
day of August of such licensing year.


    Each license fee shall be paid to the Department and any 
license fee or
any part thereof, once paid to and accepted by 
the Department shall not be
refunded.


    The Department shall deposit all funds received under this 
Act
into the Facility Licensing Fund.  Subject to appropriation, 
moneys in
the Fund shall be used for the enforcement of this 
Act.


(Source: P.A. 95-383, eff. 1-1-08.)

 



    (210 ILCS 115/9.4)  (from Ch. 111 1/2, par. 719.4)



    Sec. 9.4. 

An adequate supply of water of safe, sanitary 
quality, approved by the
Department shall be furnished at each 
park. Where water from other sources
than that supplied by a 
city or village is proposed to be used, the source
of such 
supply shall first be approved by the Department. Each mobile 
home shall have a connection to a public water system, a 
semi-private water system, or a private water supply 
constructed in accordance with the requirements of the Illinois 
Water Well Construction Code or the Surface Source Water 
Treatment Code. Each site shall
be provided with a cold water 
tap located in accordance as per regulations
of the Department.

(Source: P.A. 77-1472.)

 



    (210 ILCS 115/9.8)  (from Ch. 111 1/2, par. 719.8)



    Sec. 9.8. 

Adequate insect and rodent control measures shall 
be employed. All
buildings shall be fly proof and rodent proof 
and rodent harborages shall not be
permitted to exist in the 
park or pathways. All mobile homes shall be skirted to exclude 
rodents and provide protection to the homes utilities from the 
weather. 

(Source: P.A. 77-1472.)

 



    (210 ILCS 115/9.10)  (from Ch. 111 1/2, par. 719.10)



    Sec. 9.10. 
Porches, carports, garages, sheds, awnings, 
skirting, and
auxiliary rooms shall be constructed of materials 
specified by rule regulations.

(Source: P.A. 85-565.)

 
    (210 ILCS 115/19)  (from Ch. 111 1/2, par. 729)

    Sec. 19. Violations; penalties.

    (a) Whoever violates any provision of this Act, shall, 
except as
otherwise
provided, be guilty of a Class B 
misdemeanor. Each day's violation shall
constitute a separate 
offense. The State's Attorney of the county in which
the 
violation occurred, or the Attorney General shall bring such 
actions in
the name of the people of the State of Illinois, or 
may, in addition to
other remedies provided in this Act, bring 
action for an injunction to
restrain such violation, or to 
enjoin the operation of any such mobile home
park.
    (b) The Department may also impose an administrative 
monetary penalty against a person
who operates a mobile home 
park in violation of this Act or the rules adopted
under the 
authority of this Act.  The Department shall establish the 
amount of the penalties by rule.  The Department must provide 
the person with  written notification of the
alleged violation 
and allow a minimum of 30 days for correction of the alleged 
violation before imposing an
administrative monetary penalty, 
unless the alleged violation involves life safety in which case 
the Department shall allow a minimum of 10 days for correction 
of the alleged life safety violation before imposing an 
administrative monetary penalty. The Department shall adopt 
rules defining classes of violations and allowing a minimum 
number of days for correction of each class of alleged 
violation that involve life safety.


    In addition, before imposing an administrative monetary 
penalty under this subsection, the Department must provide the 
following to the person operating the mobile home park:

        (1) Written notice of the person's right to request an 
    administrative hearing on the question of the alleged 
    violation.

        (2) An opportunity to present evidence, orally or in 
    writing or both, on the question of the alleged violation 
    before an impartial hearing examiner appointed by the 
    Director of Public Health.

        (3) A written decision from the Director of Public 
    Health, based on the evidence introduced at the hearing and 
    the hearing examiner's recommendations, finding that the 
    person violated this Act.

    The Attorney General may bring an action in the circuit 
court to enforce the collection of an administrative monetary 
penalty imposed under this subsection.

    The Department shall deposit all administrative monetary 
penalties collected under this subsection into the Facility 
Licensing Fund.  Subject to appropriation, moneys in the Fund 
shall be used for the enforcement of this Act.

(Source: P.A. 95-383, eff. 1-1-08.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.