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1    AN ACT concerning regulation.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 




 
4    Section 5. The Mobile Home Park Act is amended  by changing 
5Sections 9 and 19  and  by adding Section 9.16 as follows:
 



6    (210 ILCS 115/9)  (from Ch. 111 1/2, par. 719)



7    Sec. 9. 
Each mobile home park licensed or to be constructed 
8under the
provisions of this Act shall be operated and 
9maintained in accordance with the
requirements of Sections 9.1 
10to 9.16 9.15, inclusive, of this
Act.

11(Source: P.A. 91-357, eff. 7-29-99.)

 
12    (210 ILCS 115/9.16 new)
13    Sec. 9.16. Disclosure of the manufacture of 
14methamphetamine in a mobile home. When a licensee or owner of a  
15mobile home park has been notified in writing by law 
16enforcement authorities that one of the mobile homes in the 
17mobile home park has been used for the manufacture

    of 
18methamphetamine as

    defined in Section 10 of

    the Methamphetamine 
19Control

    and Community Protection Act, then the licensee or 
20owner of the mobile home park shall inform a potential buyer of 
21the mobile home that law enforcement authorities have notified 
22the licensee or owner in writing that the mobile home has been 
 
 
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1used for the manufacture of methamphetamine.
2    The obligation of disclosure shall be imposed on the 
3licensee or owner of the mobile home park only if the licensee 
4or owner receives a written application for residency in the 
5mobile home park from the prospective buyer prior to the 
6prospective buyer acquiring the home and such application 
7specifically identifies the applicable home and that the 
8prospective buyer may acquire the home. If the licensee or 
9owner provides the required disclosure to the prospective 
10buyer, then the seller of the mobile home shall not have any 
11right to seek legal or equitable remedies against the licensee 
12or owner on account of or in any way related to the disclosure, 
13even if it is determined that the disclosure was not required 
14to be made under this Section (for example, if the disclosure 
15results in the prospective buyer not acquiring the mobile home, 
16then the seller of the mobile home may not seek any redress or 
17equitable remedies against the licensee or owner providing the 
18disclosure in any way related to or resulting from the 
19disclosure). If a licensee or owner violates this Section as 
20determined by an impartial hearing examiner appointed by the 
21Director of Public Health, then: (i) a prospective buyer shall 
22not have any redress or cause of action against a licensee or 
23owner for such failure; (ii) a violation shall not be subject 
24to the terms of Section 19 of this Act; and (iii) the only 
25liability a licensee or owner shall have for a violation of 
26this Section shall be the payment of a fine in an amount 
 
 
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1determined by the examiner after the conclusion of a hearing 
2and the examiner determining that the licensee or owner, as 
3applicable, violated this Section, such fine not to exceed 
4$2,000 for each violation.