Public Act 103-0819
 
HB4467 EnrolledLRB103 35652 JAG 65727 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Mobile Home Park Act is amended by changing 
Sections 3, 4.4, and 6 and by adding Sections 5.5 and 21.5 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 a license therefor from the Department. 
Subject to the requirements and limits of this Section, 
operating a mobile home park without a current license shall 
result in a late fee of $50 for the first month of 
noncompliance and $100 per day thereafter. Licenses issued 
under this Act are nontransferable. If the mobile home park is 
sold, the application for a new license shall be mailed to the 
Department and postmarked no later than 10 days after the date 
the deed for the transaction is recorded, as evidenced by the 
county recorder's stamp on the deed. All license fees, 
including late fees and reinspection fees, of the prior owner 
or owners must be paid before a license is issued. No late fee 
shall be imposed as long as the new license is requested within 
the timeframe specified. The current name, address, email 
address, and telephone number of the licensee and mobile home 
park manager shall be displayed at all times on the mobile home 
park property in a location visible to the public and 
protected from weather. "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 5 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 any unpaid reinspection fees and the annual license 
fee provided the applicant is in substantial compliance with 
the Rules and Regulations of the Department. No late fee shall 
be imposed as long as the renewal license is requested within 
the time frame specified. 
(Source: P.A. 101-454, eff. 8-23-19.)
 
    (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 after 
the mobile home park is in substantial compliance, all 
delinquent licensing fees are paid, all delinquent 
reinspection fees are paid, and the mobile home park submits 
an application and application fee by submission of the 
application items required in paragraphs (a), (b), (c) and (e) 
of Section 4 and an application fee which is nonrefundable. 
The application fee 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 substantial compliance with this Act and the rules 
promulgated pursuant to this Act.
(Source: P.A. 101-454, eff. 8-23-19.)
 
    (210 ILCS 115/5.5 new)
    Sec. 5.5. Mobile home park annual inspection.  
    (a) The Department shall conduct an annual inspection of 
each mobile home park. If Type B or Type C violations under 77 
Ill. Adm. Code 860.540 are documented during the annual 
inspection and the Department is required to reinspect the 
mobile home park to ensure the violations have been corrected, 
the Department, at its discretion, may charge a reinspection 
fee of $300 per visit due within 30 days after the date of the 
invoice after the reinspection occurs and no later than at the 
time of license renewal. All licensing fees and reinspection 
fees are nonrefundable. The Department shall provide an annual 
inspection report to management of the mobile home park in 
which the Department shall identify any violation that it 
considers substantial and that it has determined would prevent 
issuance of a license if not corrected prior to license 
renewal. The Department shall conduct all annual inspections 
so that the park owner and management shall have at least 60 
days prior to license renewal to correct and remedy any 
substantial violations identified in order to prevent 
nonrenewal of the license and the imposition of fees provided 
in this subsection. The Department shall renew any license, at 
least for a temporary period of 60 days, for which it does not 
timely identify substantial violations and provide opportunity 
for park management to remedy any nonsubstantial violations.
    (b) Reinspection shall not be required for any 
nonsubstantial violation identified by the Department in the 
annual inspection report, but the park owner or management 
shall provide evidence in writing, a written statement signed 
by the owner or management shall be sufficient for this 
purpose, to the Department within 60 days of receipt of the 
report that such nonsubstantial violations have been corrected 
or a statement to the Department to the effect that park owner 
or management disagrees or disputes that nonsubstantial 
violations have occurred and providing support for the park 
owner's or management's position. 
 
    (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. The 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 as 
follows: 
        (1) for 2025, $300 per mobile home park plus $15 for 
    each mobile home site in the park;
        (2) for 2026, $300 per mobile home park plus $17 for 
    each mobile home site in the park;
        (3) for 2027, $300 per mobile home park plus $19 for 
    each mobile home site in the park;
        (4) for 2028, $300 per mobile home park plus $21 for 
    each mobile home site in the park;
        (5) for 2029, $300 per mobile home park plus $23 for 
    each mobile home site in the park; and
        (6) for 2030 and for each year thereafter, $300 per 
    mobile home park plus $25 for each mobile home site in the 
    park. $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. If the mobile home park fails to pay 
its annual license fees by April 30, the Department may, in its 
reasonable discretion, impose a late fee of $50 for the first 
month and up to $100 per day beginning on June 1 of the same 
year until the fees are paid. The licensee shall also complete 
and return a license renewal application by March 31 of each 
year. 
    The For notifications sent prior to 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 $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 the amount 
per additional mobile home park site as set forth in this 
Section $11 for each additional mobile home site added to the 
his park under authority of a written permit to alter the park 
as provided in Section 4.2. Payment of this Act, payment for 
the additional mobile home sites shall to be made and an 
amended license applied for therefor obtained before occupancy 
of 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. 101-454, eff. 8-23-19.)
 
    (210 ILCS 115/21.5 new)
    Sec. 21.5. Mobile home parks report. Beginning in 2026, 
the Department shall prepare an annual report that contains, 
at a minimum, the total number of mobile parks registered with 
the Department; the total number of mobile home parks that 
closed in the preceding year; the total number of newly 
permitted mobile home parks from the preceding year; the total 
number of mobile home parks that failed to renew and comply 
with the licensing requirements for the preceding calendar 
year; how many administrative cases were opened in the 
preceding calendar year; if the administrative case was 
resolved or is still open; a brief summary of the nature of the 
administrative cases; and an update on the Department's 
staffing for mobile home enforcement and oversight. The report 
shall be made public no later than July 1 for the preceding 
calendar year.