Bill Text: IL HB4467 | 2023-2024 | 103rd General Assembly | Chaptered


Bill Title: Reinserts the provisions of the introduced bill with the following changes. In provisions regarding operating a mobile home park without a current license, provides that a late fee of $50.00 for the first month shall be imposed for noncompliance and $100.00 per day thereafter (rather than a fine of $10 per day per site). Modifies the requirements necessary for application for a new license after a mobile home park is sold. Provides that approval of an application for relicensure after a license has been voided, suspended, denied, or revoked shall be issued if an inspection of the park by the Department indicates substantial compliance (rather than compliance) with the Act and the rules adopted under the Act, including payment of all delinquent reinspection fees (rather than reinspection fees). Modifies the requirements of an annual inspection of each mobile home park. Modifies the annual license fee that a licensee must pay. Requires, beginning in 2026, the Department of Public Health to prepare an annual report that must contain, at a minimum, specified information relating to mobile home parks. Makes other changes.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0819 [HB4467 Detail]

Download: Illinois-2023-HB4467-Chaptered.html

Public Act 103-0819
HB4467 EnrolledLRB103 35652 JAG 65727 b
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.)
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