Rep. Josh Harms

Filed: 5/6/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2101

2    AMENDMENT NO. ______. Amend Senate Bill 2101, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Mobile Home Park Act is amended by changing
6Sections 9 and 19 and by adding Section 9.16 as follows:
 
7    (210 ILCS 115/9)  (from Ch. 111 1/2, par. 719)
8    Sec. 9. Each mobile home park licensed or to be constructed
9under the provisions of this Act shall be operated and
10maintained in accordance with the requirements of Sections 9.1
11to 9.16 9.15, inclusive, of this Act.
12(Source: P.A. 91-357, eff. 7-29-99.)
 
13    (210 ILCS 115/9.16 new)
14    Sec. 9.16. Disclosure of the manufacture of
15methamphetamine in a mobile home. When a licensee or owner of a

 

 

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1mobile home park has been notified in writing by law
2enforcement authorities that one of the mobile homes in the
3mobile home park has been used for the manufacture of
4methamphetamine as defined in Section 10 of the Methamphetamine
5Control and Community Protection Act, then the licensee or
6owner of the mobile home park shall inform a potential buyer of
7the mobile home that law enforcement authorities have notified
8the licensee or owner in writing that the mobile home has been
9used for the manufacture of methamphetamine.
10    The obligation of disclosure shall be imposed on the
11licensee or owner of the mobile home park only if the licensee
12or owner receives a written application for residency in the
13mobile home park from the prospective buyer prior to the
14prospective buyer acquiring the home and such application
15specifically identifies the applicable home and that the
16prospective buyer may acquire the home. If the licensee or
17owner provides the required disclosure to the prospective
18buyer, then the seller of the mobile home shall not have any
19right to seek legal or equitable remedies against the licensee
20or owner on account of or in any way related to the disclosure,
21even if it is determined that the disclosure was not required
22to be made under this Section (for example, if the disclosure
23results in the prospective buyer not acquiring the mobile home,
24then the seller of the mobile home may not seek any redress or
25equitable remedies against the licensee or owner providing the
26disclosure in any way related to or resulting from the

 

 

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1disclosure). If a licensee or owner violates this Section as
2determined by an impartial hearing examiner appointed by the
3Director of Public Health, then: (i) a prospective buyer shall
4not have any redress or cause of action against a licensee or
5owner for such failure; (ii) a violation shall not be subject
6to the terms of Section 19 of this Act; and (iii) the only
7liability a licensee or owner shall have for a violation of
8this Section shall be the payment of a fine in an amount
9determined by the examiner after the conclusion of a hearing
10and the examiner determining that the licensee or owner, as
11applicable, violated this Section, such fine not to exceed
12$2,000 for each violation.".