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Rep. Josh Harms
Filed: 5/6/2013
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1 | | AMENDMENT TO SENATE BILL 2101
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2 | | AMENDMENT NO. ______. Amend Senate Bill 2101, AS AMENDED, |
3 | | by replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Mobile Home Park Act is amended by changing |
6 | | Sections 9 and 19 and by adding Section 9.16 as follows:
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7 | | (210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
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8 | | Sec. 9.
Each mobile home park licensed or to be constructed |
9 | | under the
provisions of this Act shall be operated and |
10 | | maintained in accordance with the
requirements of Sections 9.1 |
11 | | to 9.16 9.15 , inclusive, of this
Act.
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12 | | (Source: P.A. 91-357, eff. 7-29-99.)
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13 | | (210 ILCS 115/9.16 new) |
14 | | Sec. 9.16. Disclosure of the manufacture of |
15 | | methamphetamine in a mobile home. When a licensee or owner of a |
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1 | | mobile home park has been notified in writing by law |
2 | | enforcement authorities that one of the mobile homes in the |
3 | | mobile home park has been used for the manufacture
of |
4 | | methamphetamine as
defined in Section 10 of
the Methamphetamine |
5 | | Control
and Community Protection Act, then the licensee or |
6 | | owner of the mobile home park shall inform a potential buyer of |
7 | | the mobile home that law enforcement authorities have notified |
8 | | the licensee or owner in writing that the mobile home has been |
9 | | used for the manufacture of methamphetamine. |
10 | | The obligation of disclosure shall be imposed on the |
11 | | licensee or owner of the mobile home park only if the licensee |
12 | | or owner receives a written application for residency in the |
13 | | mobile home park from the prospective buyer prior to the |
14 | | prospective buyer acquiring the home and such application |
15 | | specifically identifies the applicable home and that the |
16 | | prospective buyer may acquire the home. If the licensee or |
17 | | owner provides the required disclosure to the prospective |
18 | | buyer, then the seller of the mobile home shall not have any |
19 | | right to seek legal or equitable remedies against the licensee |
20 | | or owner on account of or in any way related to the disclosure, |
21 | | even if it is determined that the disclosure was not required |
22 | | to be made under this Section (for example, if the disclosure |
23 | | results in the prospective buyer not acquiring the mobile home, |
24 | | then the seller of the mobile home may not seek any redress or |
25 | | equitable remedies against the licensee or owner providing the |
26 | | disclosure in any way related to or resulting from the |
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1 | | disclosure). If a licensee or owner violates this Section as |
2 | | determined by an impartial hearing examiner appointed by the |
3 | | Director of Public Health, then: (i) a prospective buyer shall |
4 | | not have any redress or cause of action against a licensee or |
5 | | owner for such failure; (ii) a violation shall not be subject |
6 | | to the terms of Section 19 of this Act; and (iii) the only |
7 | | liability a licensee or owner shall have for a violation of |
8 | | this Section shall be the payment of a fine in an amount |
9 | | determined by the examiner after the conclusion of a hearing |
10 | | and the examiner determining that the licensee or owner, as |
11 | | applicable, violated this Section, such fine not to exceed |
12 | | $2,000 for each violation. ".
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