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Sen. Melinda Bush
Filed: 5/22/2019
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| 1 | | AMENDMENT TO HOUSE BILL 925
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| 2 | | AMENDMENT NO. ______. Amend House Bill 925, AS AMENDED, by |
| 3 | | inserting Section 15 in its proper numeric sequence as follows:
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| 4 | | "Section 15. The Mobile Home Park Act is amended by |
| 5 | | changing Sections 3, 4, 4.1, 4.2, 4.4, 6, 9.4, 9.8, 9.10, and |
| 6 | | 19 as follows:
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| 7 | | (210 ILCS 115/3) (from Ch. 111 1/2, par. 713)
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| 8 | | Sec. 3.
No person, firm or corporation shall establish, |
| 9 | | maintain, conduct, or
operate a mobile home park after April |
| 10 | | 30, 1972, without first obtaining a
license therefor from the |
| 11 | | Department. "Conduct or operate a mobile home
park" as used in |
| 12 | | this Act shall include, but not necessarily be limited to
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| 13 | | supplying or maintaining common water, sewer or other utility |
| 14 | | supply or
service, or the collection of rents directly or |
| 15 | | indirectly from five or
more independent mobile homes. Such |
| 16 | | license shall expire April 30 of each
year and a new license |
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| 1 | | shall be issued upon proper application and
payment of the |
| 2 | | annual license fee provided the applicant is in substantial
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| 3 | | compliance with the Rules and Regulations of the Department.
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| 4 | | (Source: P.A. 85-565.)
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| 5 | | (210 ILCS 115/4) (from Ch. 111 1/2, par. 714)
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| 6 | | Sec. 4.
In order to obtain a permit to construct a new |
| 7 | | mobile home park
the applicant shall file with the Department a |
| 8 | | written application and plan
documents, including the |
| 9 | | following:
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| 10 | | (a) The full name and address of the applicant or |
| 11 | | applicants, or names
and addresses of the partners if the |
| 12 | | applicant is a partnership, or the
names and addresses of the |
| 13 | | officers if the applicant is a corporation.
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| 14 | | (b) The address, location and legal description of the |
| 15 | | tract of land
upon which it is proposed to construct, operate |
| 16 | | and maintain a mobile home park.
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| 17 | | (c) The name of the mobile home park.
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| 18 | | (d) Detailed plans and specifications sealed by a |
| 19 | | registered engineer
or architect licensed to practice in the |
| 20 | | State of Illinois which include a
general plot plan of the |
| 21 | | mobile home park with all sites and structures
shown, the water |
| 22 | | supply system, the sewage disposal system, the electrical
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| 23 | | system, the fuel supply system, the lighting system, the method |
| 24 | | of disposal
of solid waste, all streets and sidewalks, swimming |
| 25 | | and bathing
facilities, fire hydrants and details of all |
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| 1 | | auxiliary structures.
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| 2 | | (e) The number of mobile home sites proposed to be |
| 3 | | constructed or licensed.
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| 4 | | (f) A statement of the fire-fighting facilities, public or |
| 5 | | private,
which are available to the mobile home park.
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| 6 | | (g) A plan review fee of $100, which is nonrefundable. For |
| 7 | | permits filed prior to the effective date of this amendatory |
| 8 | | Act of the 101st General Assembly, the fee shall be $100. For |
| 9 | | permits filed on or after the effective date of this amendatory |
| 10 | | Act of the 101st General Assembly, the fee shall be $500.
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| 11 | | (Source: P.A. 85-565.)
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| 12 | | (210 ILCS 115/4.1) (from Ch. 111 1/2, par. 714.1)
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| 13 | | Sec. 4.1.
A mobile home park constructed prior to the |
| 14 | | effective date
of this amendatory Act of 1987 but not licensed |
| 15 | | by the Department shall not
require a construction permit. A |
| 16 | | written application for an original
license shall be submitted |
| 17 | | to the Department which shall include the
information required |
| 18 | | in paragraphs (a), (b), (c), (e) and (f) of Section 4
in |
| 19 | | addition to plans showing the location of all structures and |
| 20 | | utilities at
the mobile home park. A fee of $100 is required |
| 21 | | and shall not be refundable. For mobile home parks constructed |
| 22 | | prior to the effective date of this amendatory Act of the 101st |
| 23 | | General Assembly, the fee shall be $100. For mobile home parks |
| 24 | | constructed on or after the effective date of this amendatory |
| 25 | | Act of the 101st General Assembly, the fee shall be $250.
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| 1 | | (Source: P.A. 85-565.)
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| 2 | | (210 ILCS 115/4.2) (from Ch. 111 1/2, par. 714.2)
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| 3 | | Sec. 4.2.
An application for a permit to alter a licensed |
| 4 | | mobile home
park shall be submitted to the Department for any |
| 5 | | changes to the water,
sewage, fuel, or electrical systems other |
| 6 | | than normal maintenance, the
relocation of sites or the |
| 7 | | expansion of the number of sites in the park.
Detailed plans |
| 8 | | and specifications shall be provided to show compliance with
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| 9 | | this Act and the promulgated rules. A plan review fee of $50 |
| 10 | | shall
accompany the application. For permits submitted prior to |
| 11 | | the effective date of this amendatory Act of the 101st General |
| 12 | | Assembly, the fee shall be $50. For permits submitted on or |
| 13 | | after the effective date of this amendatory Act of the 101st |
| 14 | | General Assembly, the fee shall be $150. This fee shall not be |
| 15 | | refundable.
Construction shall not commence until a permit is |
| 16 | | issued.
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| 17 | | (Source: P.A. 85-565.)
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| 18 | | (210 ILCS 115/4.4) (from Ch. 111 1/2, par. 714.4)
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| 19 | | Sec. 4.4.
A mobile home park whose license has been voided, |
| 20 | | suspended,
denied or revoked may be relicensed by submission of |
| 21 | | the application items
required in paragraphs (a), (b), (c) and |
| 22 | | (e) of Section 4 and an
application fee of $50 which is |
| 23 | | nonrefundable. For applications submitted prior to the |
| 24 | | effective date of this amendatory Act of the 101st General |
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| 1 | | Assembly, the fee shall be $50. For applications submitted on |
| 2 | | or after the effective date of this amendatory Act of the 101st |
| 3 | | General Assembly, the fee shall be $250. Approval shall be |
| 4 | | issued if
an inspection of the park by the Department indicates |
| 5 | | compliance with this
Act and the rules promulgated pursuant to |
| 6 | | this Act.
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| 7 | | (Source: P.A. 85-565.)
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| 8 | | (210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
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| 9 | | Sec. 6. In addition to the application fees provided for |
| 10 | | herein, the
licensee shall pay to the Department on or before |
| 11 | | March 31 of each year, an
annual license fee which shall be |
| 12 | | $100 plus $4 for each mobile home space
in the park. For |
| 13 | | calendar years prior to 2020, the annual license fee shall be |
| 14 | | $100 plus $4 for each mobile home space
in the park. Beginning |
| 15 | | in calendar year 2020, the annual license fee shall be $250 |
| 16 | | plus $7 for each mobile home space
in the park. Annual license |
| 17 | | fees submitted after April 30 shall be subject
to a $50 late |
| 18 | | fee. The licensee shall also complete and return a license
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| 19 | | renewal application by March 31 of each year.
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| 20 | | For notifications sent prior to the effective date of this |
| 21 | | amendatory Act of the 101st General Assembly, the The licensee |
| 22 | | shall pay to the Department within 30 days of receipt of
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| 23 | | notification from the Department $6 for each additional mobile
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| 24 | | home site added to his park under authority of a written permit |
| 25 | | to alter
the park as provided in Section 4.2 of this Act, |
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| 1 | | payment for the additional
mobile home sites to be made and an |
| 2 | | amended license therefor obtained
before any mobile homes are |
| 3 | | accommodated on the additional mobile home
spaces. The |
| 4 | | Department shall issue an amended license to cover such
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| 5 | | additional mobile home sites, when they are to be occupied |
| 6 | | before the end
of the license year, for which an annual license |
| 7 | | has been previously issued.
For notifications sent on or after |
| 8 | | the effective date of this amendatory Act of the 101st General |
| 9 | | Assembly, the licensee shall pay to the Department within 30 |
| 10 | | days of receipt of
notification from the Department $11 for |
| 11 | | each additional mobile
home site added to his park under |
| 12 | | authority of a written permit to alter
the park as provided in |
| 13 | | Section 4.2 of this Act, payment for the additional
mobile home |
| 14 | | sites to be made and an amended license therefor obtained
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| 15 | | before any mobile homes are accommodated on the additional |
| 16 | | mobile home
spaces. The Department shall issue an amended |
| 17 | | license to cover such
additional mobile home sites, when they |
| 18 | | are to be occupied before the end
of the license year, for |
| 19 | | which an annual license has been previously issued.
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| 20 | | Subsequent to the effective date of this Act, an applicant
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| 21 | | for an original license to operate a new park constructed under |
| 22 | | a permit
issued by the Department shall only be required to pay |
| 23 | | 1/4 of the annual
fee if such park begins operation after the |
| 24 | | 31st day of January and before
the 1st day of May of such |
| 25 | | licensing year; or 1/2 of the annual fee if such
park begins |
| 26 | | operation after the 31st day of October and before the 1st day
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| 1 | | of February of such licensing year or 3/4 of the annual fee if |
| 2 | | such park
begins operation after the 31st day of July and |
| 3 | | before the 1st day of
November of such licensing year; but |
| 4 | | shall be required to pay the entire
annual fee if such park |
| 5 | | begins operation after the 30th day of April and
before the 1st |
| 6 | | day of August of such licensing year.
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| 7 | | Each license fee shall be paid to the Department and any |
| 8 | | license fee or
any part thereof, once paid to and accepted by |
| 9 | | the Department shall not be
refunded.
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| 10 | | The Department shall deposit all funds received under this |
| 11 | | Act
into the Facility Licensing Fund. Subject to appropriation, |
| 12 | | moneys in
the Fund shall be used for the enforcement of this |
| 13 | | Act.
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| 14 | | (Source: P.A. 95-383, eff. 1-1-08.)
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| 15 | | (210 ILCS 115/9.4) (from Ch. 111 1/2, par. 719.4)
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| 16 | | Sec. 9.4.
An adequate supply of water of safe, sanitary |
| 17 | | quality, approved by the
Department shall be furnished at each |
| 18 | | park. Where water from other sources
than that supplied by a |
| 19 | | city or village is proposed to be used, the source
of such |
| 20 | | supply shall first be approved by the Department. Each mobile |
| 21 | | home shall have a connection to a public water system, a |
| 22 | | semi-private water system, or a private water supply |
| 23 | | constructed in accordance with the requirements of the Illinois |
| 24 | | Water Well Construction Code or the Surface Source Water |
| 25 | | Treatment Code. Each site shall
be provided with a cold water |
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| 1 | | tap located in accordance as per regulations
of the Department.
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| 2 | | (Source: P.A. 77-1472.)
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| 3 | | (210 ILCS 115/9.8) (from Ch. 111 1/2, par. 719.8)
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| 4 | | Sec. 9.8.
Adequate insect and rodent control measures shall |
| 5 | | be employed. All
buildings shall be fly proof and rodent proof |
| 6 | | and rodent harborages shall not be
permitted to exist in the |
| 7 | | park or pathways. All mobile homes shall be skirted to exclude |
| 8 | | rodents and provide protection to the homes utilities from the |
| 9 | | weather.
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| 10 | | (Source: P.A. 77-1472.)
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| 11 | | (210 ILCS 115/9.10) (from Ch. 111 1/2, par. 719.10)
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| 12 | | Sec. 9.10.
Porches, carports, garages, sheds, awnings, |
| 13 | | skirting, and
auxiliary rooms shall be constructed of materials |
| 14 | | specified by rule regulations.
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| 15 | | (Source: P.A. 85-565.)
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| 16 | | (210 ILCS 115/19) (from Ch. 111 1/2, par. 729)
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| 17 | | Sec. 19. Violations; penalties.
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| 18 | | (a) Whoever violates any provision of this Act, shall, |
| 19 | | except as
otherwise
provided, be guilty of a Class B |
| 20 | | misdemeanor. Each day's violation shall
constitute a separate |
| 21 | | offense. The State's Attorney of the county in which
the |
| 22 | | violation occurred, or the Attorney General shall bring such |
| 23 | | actions in
the name of the people of the State of Illinois, or |
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| 1 | | may, in addition to
other remedies provided in this Act, bring |
| 2 | | action for an injunction to
restrain such violation, or to |
| 3 | | enjoin the operation of any such mobile home
park. |
| 4 | | (b) The Department may also impose an administrative |
| 5 | | monetary penalty against a person
who operates a mobile home |
| 6 | | park in violation of this Act or the rules adopted
under the |
| 7 | | authority of this Act. The Department shall establish the |
| 8 | | amount of the penalties by rule. The Department must provide |
| 9 | | the person with written notification of the
alleged violation |
| 10 | | and allow a minimum of 30 days for correction of the alleged |
| 11 | | violation before imposing an
administrative monetary penalty, |
| 12 | | unless the alleged violation involves life safety in which case |
| 13 | | the Department shall allow a minimum of 10 days for correction |
| 14 | | of the alleged life safety violation before imposing an |
| 15 | | administrative monetary penalty. The Department shall adopt |
| 16 | | rules defining classes of violations and allowing a minimum |
| 17 | | number of days for correction of each class of alleged |
| 18 | | violation that involve life safety.
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| 19 | | In addition, before imposing an administrative monetary |
| 20 | | penalty under this subsection, the Department must provide the |
| 21 | | following to the person operating the mobile home park:
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| 22 | | (1) Written notice of the person's right to request an |
| 23 | | administrative hearing on the question of the alleged |
| 24 | | violation.
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| 25 | | (2) An opportunity to present evidence, orally or in |
| 26 | | writing or both, on the question of the alleged violation |
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| 1 | | before an impartial hearing examiner appointed by the |
| 2 | | Director of Public Health.
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| 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.
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| 7 | | The Attorney General may bring an action in the circuit |
| 8 | | court to enforce the collection of an administrative monetary |
| 9 | | penalty imposed under this subsection.
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| 10 | | The Department shall deposit all administrative monetary |
| 11 | | penalties collected under this subsection into the Facility |
| 12 | | Licensing Fund. Subject to appropriation, moneys in the Fund |
| 13 | | shall be used for the enforcement of this Act.
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| 14 | | (Source: P.A. 95-383, eff. 1-1-08.)".
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