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| Public Act 103-0819 | ||||
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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. | ||