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Public Act 098-0540
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| Public Act 098-0540 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Mobile Home Park Act is amended by changing | ||||
Sections 9 and 19 and by adding Section 9.16 as follows:
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(210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
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Sec. 9.
Each mobile home park licensed or to be constructed | ||||
under the
provisions of this Act shall be operated and | ||||
maintained in accordance with the
requirements of Sections 9.1 | ||||
to 9.16 9.15, inclusive, of this
Act.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(210 ILCS 115/9.16 new) | ||||
Sec. 9.16. Disclosure of the manufacture of | ||||
methamphetamine in a mobile home. When a licensee or owner of a | ||||
mobile home park has been notified in writing by law | ||||
enforcement authorities that one of the mobile homes in the | ||||
mobile home park has been used for the manufacture
of | ||||
methamphetamine as
defined in Section 10 of
the Methamphetamine | ||||
Control
and Community Protection Act, then the licensee or | ||||
owner of the mobile home park shall inform a potential buyer of | ||||
the mobile home that law enforcement authorities have notified | ||||
the licensee or owner in writing that the mobile home has been | ||||
used for the manufacture of methamphetamine. | ||
The obligation of disclosure shall be imposed on the | ||
licensee or owner of the mobile home park only if the licensee | ||
or owner receives a written application for residency in the | ||
mobile home park from the prospective buyer prior to the | ||
prospective buyer acquiring the home and such application | ||
specifically identifies the applicable home and that the | ||
prospective buyer may acquire the home. If the licensee or | ||
owner provides the required disclosure to the prospective | ||
buyer, then the seller of the mobile home shall not have any | ||
right to seek legal or equitable remedies against the licensee | ||
or owner on account of or in any way related to the disclosure, | ||
even if it is determined that the disclosure was not required | ||
to be made under this Section (for example, if the disclosure | ||
results in the prospective buyer not acquiring the mobile home, | ||
then the seller of the mobile home may not seek any redress or | ||
equitable remedies against the licensee or owner providing the | ||
disclosure in any way related to or resulting from the | ||
disclosure). If a licensee or owner violates this Section as | ||
determined by an impartial hearing examiner appointed by the | ||
Director of Public Health, then: (i) a prospective buyer shall | ||
not have any redress or cause of action against a licensee or | ||
owner for such failure; (ii) a violation shall not be subject | ||
to the terms of Section 19 of this Act; and (iii) the only | ||
liability a licensee or owner shall have for a violation of | ||
this Section shall be the payment of a fine in an amount | ||
determined by the examiner after the conclusion of a hearing | ||
and the examiner determining that the licensee or owner, as | ||
applicable, violated this Section, such fine not to exceed | ||
$2,000 for each violation. | ||