HB4467ham002 103RD GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 4/8/2024

10300HB4467ham002 LRB103 35652 CES 71893 a

AMENDMENT TO HOUSE BILL 4467

AMENDMENT NO. ______. Amend House Bill 4467 by replacing everything after the enacting clause with the following:

"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.".