Illinois General Assembly - Full Text of HB0925
Illinois General Assembly

Previous General Assemblies

Full Text of HB0925  101st General Assembly

HB0925sam003 101ST GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 5/22/2019

 

 


 

 


 
10100HB0925sam003LRB101 05874 HLH 60874 a

1
AMENDMENT TO HOUSE BILL 925

2    AMENDMENT NO. ______. Amend House Bill 925, AS AMENDED, by
3inserting Section 15 in its proper numeric sequence as follows:
 
4    "Section 15. The Mobile Home Park Act is amended by
5changing Sections 3, 4, 4.1, 4.2, 4.4, 6, 9.4, 9.8, 9.10, and
619 as follows:
 
7    (210 ILCS 115/3)  (from Ch. 111 1/2, par. 713)
8    Sec. 3. No person, firm or corporation shall establish,
9maintain, conduct, or operate a mobile home park after April
1030, 1972, without first obtaining a license therefor from the
11Department. "Conduct or operate a mobile home park" as used in
12this Act shall include, but not necessarily be limited to
13supplying or maintaining common water, sewer or other utility
14supply or service, or the collection of rents directly or
15indirectly from five or more independent mobile homes. Such
16license shall expire April 30 of each year and a new license

 

 

10100HB0925sam003- 2 -LRB101 05874 HLH 60874 a

1shall be issued upon proper application and payment of the
2annual license fee provided the applicant is in substantial
3compliance with the Rules and Regulations of the Department.
4(Source: P.A. 85-565.)
 
5    (210 ILCS 115/4)  (from Ch. 111 1/2, par. 714)
6    Sec. 4. In order to obtain a permit to construct a new
7mobile home park the applicant shall file with the Department a
8written application and plan documents, including the
9following:
10    (a) The full name and address of the applicant or
11applicants, or names and addresses of the partners if the
12applicant is a partnership, or the names and addresses of the
13officers if the applicant is a corporation.
14    (b) The address, location and legal description of the
15tract of land upon which it is proposed to construct, operate
16and maintain a mobile home park.
17    (c) The name of the mobile home park.
18    (d) Detailed plans and specifications sealed by a
19registered engineer or architect licensed to practice in the
20State of Illinois which include a general plot plan of the
21mobile home park with all sites and structures shown, the water
22supply system, the sewage disposal system, the electrical
23system, the fuel supply system, the lighting system, the method
24of disposal of solid waste, all streets and sidewalks, swimming
25and bathing facilities, fire hydrants and details of all

 

 

10100HB0925sam003- 3 -LRB101 05874 HLH 60874 a

1auxiliary structures.
2    (e) The number of mobile home sites proposed to be
3constructed or licensed.
4    (f) A statement of the fire-fighting facilities, public or
5private, which are available to the mobile home park.
6    (g) A plan review fee of $100, which is nonrefundable. For
7permits filed prior to the effective date of this amendatory
8Act of the 101st General Assembly, the fee shall be $100. For
9permits filed on or after the effective date of this amendatory
10Act of the 101st General Assembly, the fee shall be $500.
11(Source: P.A. 85-565.)
 
12    (210 ILCS 115/4.1)  (from Ch. 111 1/2, par. 714.1)
13    Sec. 4.1. A mobile home park constructed prior to the
14effective date of this amendatory Act of 1987 but not licensed
15by the Department shall not require a construction permit. A
16written application for an original license shall be submitted
17to the Department which shall include the information required
18in paragraphs (a), (b), (c), (e) and (f) of Section 4 in
19addition to plans showing the location of all structures and
20utilities at the mobile home park. A fee of $100 is required
21and shall not be refundable. For mobile home parks constructed
22prior to the effective date of this amendatory Act of the 101st
23General Assembly, the fee shall be $100. For mobile home parks
24constructed on or after the effective date of this amendatory
25Act of the 101st General Assembly, the fee shall be $250.

 

 

10100HB0925sam003- 4 -LRB101 05874 HLH 60874 a

1(Source: P.A. 85-565.)
 
2    (210 ILCS 115/4.2)  (from Ch. 111 1/2, par. 714.2)
3    Sec. 4.2. An application for a permit to alter a licensed
4mobile home park shall be submitted to the Department for any
5changes to the water, sewage, fuel, or electrical systems other
6than normal maintenance, the relocation of sites or the
7expansion of the number of sites in the park. Detailed plans
8and specifications shall be provided to show compliance with
9this Act and the promulgated rules. A plan review fee of $50
10shall accompany the application. For permits submitted prior to
11the effective date of this amendatory Act of the 101st General
12Assembly, the fee shall be $50. For permits submitted on or
13after the effective date of this amendatory Act of the 101st
14General Assembly, the fee shall be $150. This fee shall not be
15refundable. Construction shall not commence until a permit is
16issued.
17(Source: P.A. 85-565.)
 
18    (210 ILCS 115/4.4)  (from Ch. 111 1/2, par. 714.4)
19    Sec. 4.4. A mobile home park whose license has been voided,
20suspended, denied or revoked may be relicensed by submission of
21the application items required in paragraphs (a), (b), (c) and
22(e) of Section 4 and an application fee of $50 which is
23nonrefundable. For applications submitted prior to the
24effective date of this amendatory Act of the 101st General

 

 

10100HB0925sam003- 5 -LRB101 05874 HLH 60874 a

1Assembly, the fee shall be $50. For applications submitted on
2or after the effective date of this amendatory Act of the 101st
3General Assembly, the fee shall be $250. Approval shall be
4issued if an inspection of the park by the Department indicates
5compliance with this Act and the rules promulgated pursuant to
6this Act.
7(Source: P.A. 85-565.)
 
8    (210 ILCS 115/6)  (from Ch. 111 1/2, par. 716)
9    Sec. 6. In addition to the application fees provided for
10herein, the licensee shall pay to the Department on or before
11March 31 of each year, an annual license fee which shall be
12$100 plus $4 for each mobile home space in the park. For
13calendar years prior to 2020, the annual license fee shall be
14$100 plus $4 for each mobile home space in the park. Beginning
15in calendar year 2020, the annual license fee shall be $250
16plus $7 for each mobile home space in the park. Annual license
17fees submitted after April 30 shall be subject to a $50 late
18fee. The licensee shall also complete and return a license
19renewal application by March 31 of each year.
20    For notifications sent prior to the effective date of this
21amendatory Act of the 101st General Assembly, the The licensee
22shall pay to the Department within 30 days of receipt of
23notification from the Department $6 for each additional mobile
24home site added to his park under authority of a written permit
25to alter the park as provided in Section 4.2 of this Act,

 

 

10100HB0925sam003- 6 -LRB101 05874 HLH 60874 a

1payment for the additional mobile home sites to be made and an
2amended license therefor obtained before any mobile homes are
3accommodated on the additional mobile home spaces. The
4Department shall issue an amended license to cover such
5additional mobile home sites, when they are to be occupied
6before the end of the license year, for which an annual license
7has been previously issued. For notifications sent on or after
8the effective date of this amendatory Act of the 101st General
9Assembly, the licensee shall pay to the Department within 30
10days of receipt of notification from the Department $11 for
11each additional mobile home site added to his park under
12authority of a written permit to alter the park as provided in
13Section 4.2 of this Act, payment for the additional mobile home
14sites to be made and an amended license therefor obtained
15before any mobile homes are accommodated on the additional
16mobile home spaces. The Department shall issue an amended
17license to cover such additional mobile home sites, when they
18are to be occupied before the end of the license year, for
19which an annual license has been previously issued.
20    Subsequent to the effective date of this Act, an applicant
21for an original license to operate a new park constructed under
22a permit issued by the Department shall only be required to pay
231/4 of the annual fee if such park begins operation after the
2431st day of January and before the 1st day of May of such
25licensing year; or 1/2 of the annual fee if such park begins
26operation after the 31st day of October and before the 1st day

 

 

10100HB0925sam003- 7 -LRB101 05874 HLH 60874 a

1of February of such licensing year or 3/4 of the annual fee if
2such park begins operation after the 31st day of July and
3before the 1st day of November of such licensing year; but
4shall be required to pay the entire annual fee if such park
5begins operation after the 30th day of April and before the 1st
6day of August of such licensing year.
7    Each license fee shall be paid to the Department and any
8license fee or any part thereof, once paid to and accepted by
9the Department shall not be refunded.
10    The Department shall deposit all funds received under this
11Act into the Facility Licensing Fund. Subject to appropriation,
12moneys in the Fund shall be used for the enforcement of this
13Act.
14(Source: P.A. 95-383, eff. 1-1-08.)
 
15    (210 ILCS 115/9.4)  (from Ch. 111 1/2, par. 719.4)
16    Sec. 9.4. An adequate supply of water of safe, sanitary
17quality, approved by the Department shall be furnished at each
18park. Where water from other sources than that supplied by a
19city or village is proposed to be used, the source of such
20supply shall first be approved by the Department. Each mobile
21home shall have a connection to a public water system, a
22semi-private water system, or a private water supply
23constructed in accordance with the requirements of the Illinois
24Water Well Construction Code or the Surface Source Water
25Treatment Code. Each site shall be provided with a cold water

 

 

10100HB0925sam003- 8 -LRB101 05874 HLH 60874 a

1tap located in accordance as per regulations of the Department.
2(Source: P.A. 77-1472.)
 
3    (210 ILCS 115/9.8)  (from Ch. 111 1/2, par. 719.8)
4    Sec. 9.8. Adequate insect and rodent control measures shall
5be employed. All buildings shall be fly proof and rodent proof
6and rodent harborages shall not be permitted to exist in the
7park or pathways. All mobile homes shall be skirted to exclude
8rodents and provide protection to the homes utilities from the
9weather.
10(Source: P.A. 77-1472.)
 
11    (210 ILCS 115/9.10)  (from Ch. 111 1/2, par. 719.10)
12    Sec. 9.10. Porches, carports, garages, sheds, awnings,
13skirting, and auxiliary rooms shall be constructed of materials
14specified by rule regulations.
15(Source: P.A. 85-565.)
 
16    (210 ILCS 115/19)  (from Ch. 111 1/2, par. 729)
17    Sec. 19. Violations; penalties.
18    (a) Whoever violates any provision of this Act, shall,
19except as otherwise provided, be guilty of a Class B
20misdemeanor. Each day's violation shall constitute a separate
21offense. The State's Attorney of the county in which the
22violation occurred, or the Attorney General shall bring such
23actions in the name of the people of the State of Illinois, or

 

 

10100HB0925sam003- 9 -LRB101 05874 HLH 60874 a

1may, in addition to other remedies provided in this Act, bring
2action for an injunction to restrain such violation, or to
3enjoin the operation of any such mobile home park.
4    (b) The Department may also impose an administrative
5monetary penalty against a person who operates a mobile home
6park in violation of this Act or the rules adopted under the
7authority of this Act. The Department shall establish the
8amount of the penalties by rule. The Department must provide
9the person with written notification of the alleged violation
10and allow a minimum of 30 days for correction of the alleged
11violation before imposing an administrative monetary penalty,
12unless the alleged violation involves life safety in which case
13the Department shall allow a minimum of 10 days for correction
14of the alleged life safety violation before imposing an
15administrative monetary penalty. The Department shall adopt
16rules defining classes of violations and allowing a minimum
17number of days for correction of each class of alleged
18violation that involve life safety.
19    In addition, before imposing an administrative monetary
20penalty under this subsection, the Department must provide the
21following to the person operating the mobile home park:
22        (1) Written notice of the person's right to request an
23    administrative hearing on the question of the alleged
24    violation.
25        (2) An opportunity to present evidence, orally or in
26    writing or both, on the question of the alleged violation

 

 

10100HB0925sam003- 10 -LRB101 05874 HLH 60874 a

1    before an impartial hearing examiner appointed by the
2    Director of Public Health.
3        (3) A written decision from the Director of Public
4    Health, based on the evidence introduced at the hearing and
5    the hearing examiner's recommendations, finding that the
6    person violated this Act.
7    The Attorney General may bring an action in the circuit
8court to enforce the collection of an administrative monetary
9penalty imposed under this subsection.
10    The Department shall deposit all administrative monetary
11penalties collected under this subsection into the Facility
12Licensing Fund. Subject to appropriation, moneys in the Fund
13shall be used for the enforcement of this Act.
14(Source: P.A. 95-383, eff. 1-1-08.)".