Bill Text: IL HB0925 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Mobile Home Local Services Tax Act. Provides that the penalty for delinquent local services taxes shall not exceed the lesser of $100 or 50% of the original tax imposed (currently, $100). Effective immediately.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Enrolled) 2019-06-28 - Sent to the Governor [HB0925 Detail]

Download: Illinois-2019-HB0925-Enrolled.html



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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Mobile Home Local Services Tax Act is
5amended by changing Section 9 as follows:
6 (35 ILCS 515/9) (from Ch. 120, par. 1209)
7 Sec. 9. Additional charge for delinquent taxes; penalty for
8fraud. For taxable years prior to 2003, if any local services
9tax, or part thereof, imposed by this Act is not paid on or
10before the due date for such tax, interest on such amount at
11the rate of 1 1/2% per month shall be paid for the period from
12such due date to the date of payment of such amount. Except as
13otherwise provided in this Section, for For taxable year 2003
14and thereafter, if any local services tax, or part thereof,
15imposed by this Act is not paid on or before the due date for
16such tax, the taxpayer shall be required to pay a penalty of
17$25 per month, or any portion thereof, not to exceed $100. In
18counties with a population of more than 700,000 and less than
19900,000, if any local services tax, or part thereof, imposed by
20this Act is not paid on or before the due date for such tax, the
21taxpayer shall be required to pay a penalty of $25 per month,
22or any portion thereof, not to exceed the lesser of (i) $100 or
23(ii) 50% of the original tax imposed. In all counties, if If

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1such failure to pay such tax is the result of fraud, there
2shall be added to the tax as a penalty an amount equal to 50% of
3the deficiency.
4(Source: P.A. 92-807, eff. 1-1-03.)
5 Section 10. The Mobile Home Park Act is amended by adding
6Section 2.11 as follows:
7 (210 ILCS 115/2.11 new)
8 Sec. 2.11. Normal maintenance. "Normal maintenance" means
9servicing or repairing existing devices, equipment,
10facilities, infrastructure, or supporting utilities, or
11replacing those items in identical fashion with the same size,
12make, and model as the existing items and in accordance with
13applicable codes.
14 Section 15. The Mobile Home Park Act is amended by changing
15Sections 3, 4, 4.1, 4.2, 4.4, 6, 9.4, 9.8, 9.10, and 19 as
16follows:
17 (210 ILCS 115/3) (from Ch. 111 1/2, par. 713)
18 Sec. 3. No person, firm or corporation shall establish,
19maintain, conduct, or operate a mobile home park after April
2030, 1972, without first obtaining a license therefor from the
21Department. "Conduct or operate a mobile home park" as used in
22this Act shall include, but not necessarily be limited to

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1supplying or maintaining common water, sewer or other utility
2supply or service, or the collection of rents directly or
3indirectly from five or more independent mobile homes. Such
4license shall expire April 30 of each year and a new license
5shall be issued upon proper application and payment of the
6annual license fee provided the applicant is in substantial
7compliance with the Rules and Regulations of the Department.
8(Source: P.A. 85-565.)
9 (210 ILCS 115/4) (from Ch. 111 1/2, par. 714)
10 Sec. 4. In order to obtain a permit to construct a new
11mobile home park the applicant shall file with the Department a
12written application and plan documents, including the
13following:
14 (a) The full name and address of the applicant or
15applicants, or names and addresses of the partners if the
16applicant is a partnership, or the names and addresses of the
17officers if the applicant is a corporation.
18 (b) The address, location and legal description of the
19tract of land upon which it is proposed to construct, operate
20and maintain a mobile home park.
21 (c) The name of the mobile home park.
22 (d) Detailed plans and specifications sealed by a
23registered engineer or architect licensed to practice in the
24State of Illinois which include a general plot plan of the
25mobile home park with all sites and structures shown, the water

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

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1prior to the effective date of this amendatory Act of the 101st
2General Assembly, the fee shall be $100. For mobile home parks
3constructed on or after the effective date of this amendatory
4Act of the 101st General Assembly, the fee shall be $250.
5(Source: P.A. 85-565.)
6 (210 ILCS 115/4.2) (from Ch. 111 1/2, par. 714.2)
7 Sec. 4.2. An application for a permit to alter a licensed
8mobile home park shall be submitted to the Department for any
9changes to the water, sewage, fuel, or electrical systems other
10than normal maintenance, the relocation of sites or the
11expansion of the number of sites in the park. Detailed plans
12and specifications shall be provided to show compliance with
13this Act and the promulgated rules. A plan review fee of $50
14shall accompany the application. For permits submitted prior to
15the effective date of this amendatory Act of the 101st General
16Assembly, the fee shall be $50. For permits submitted on or
17after the effective date of this amendatory Act of the 101st
18General Assembly, the fee shall be $150. This fee shall not be
19refundable. Construction shall not commence until a permit is
20issued.
21(Source: P.A. 85-565.)
22 (210 ILCS 115/4.4) (from Ch. 111 1/2, par. 714.4)
23 Sec. 4.4. A mobile home park whose license has been voided,
24suspended, denied or revoked may be relicensed by submission of

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

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1shall pay to the Department within 30 days of receipt of
2notification from the Department $6 for each additional mobile
3home site added to his park under authority of a written permit
4to alter the park as provided in Section 4.2 of this Act,
5payment for the additional mobile home sites to be made and an
6amended license therefor obtained before any mobile homes are
7accommodated on the additional mobile home spaces. The
8Department shall issue an amended license to cover such
9additional mobile home sites, when they are to be occupied
10before the end of the license year, for which an annual license
11has been previously issued. For notifications sent on or after
12the effective date of this amendatory Act of the 101st General
13Assembly, the licensee shall pay to the Department within 30
14days of receipt of notification from the Department $11 for
15each additional mobile home site added to his park under
16authority of a written permit to alter the park as provided in
17Section 4.2 of this Act, payment for the additional mobile home
18sites to be made and an amended license therefor obtained
19before any mobile homes are accommodated on the additional
20mobile home spaces. The Department shall issue an amended
21license to cover such additional mobile home sites, when they
22are to be occupied before the end of the license year, for
23which an annual license has been previously issued.
24 Subsequent to the effective date of this Act, an applicant
25for an original license to operate a new park constructed under
26a permit issued by the Department shall only be required to pay

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11/4 of the annual fee if such park begins operation after the
231st day of January and before the 1st day of May of such
3licensing year; or 1/2 of the annual fee if such park begins
4operation after the 31st day of October and before the 1st day
5of February of such licensing year or 3/4 of the annual fee if
6such park begins operation after the 31st day of July and
7before the 1st day of November of such licensing year; but
8shall be required to pay the entire annual fee if such park
9begins operation after the 30th day of April and before the 1st
10day of August of such licensing year.
11 Each license fee shall be paid to the Department and any
12license fee or any part thereof, once paid to and accepted by
13the Department shall not be refunded.
14 The Department shall deposit all funds received under this
15Act into the Facility Licensing Fund. Subject to appropriation,
16moneys in the Fund shall be used for the enforcement of this
17Act.
18(Source: P.A. 95-383, eff. 1-1-08.)
19 (210 ILCS 115/9.4) (from Ch. 111 1/2, par. 719.4)
20 Sec. 9.4. An adequate supply of water of safe, sanitary
21quality, approved by the Department shall be furnished at each
22park. Where water from other sources than that supplied by a
23city or village is proposed to be used, the source of such
24supply shall first be approved by the Department. Each mobile
25home shall have a connection to a public water system, a

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1semi-private water system, or a private water supply
2constructed in accordance with the requirements of the Illinois
3Water Well Construction Code or the Surface Source Water
4Treatment Code. Each site shall be provided with a cold water
5tap located in accordance as per regulations of the Department.
6(Source: P.A. 77-1472.)
7 (210 ILCS 115/9.8) (from Ch. 111 1/2, par. 719.8)
8 Sec. 9.8. Adequate insect and rodent control measures shall
9be employed. All buildings shall be fly proof and rodent proof
10and rodent harborages shall not be permitted to exist in the
11park or pathways. All mobile homes shall be skirted to exclude
12rodents and provide protection to the homes utilities from the
13weather.
14(Source: P.A. 77-1472.)
15 (210 ILCS 115/9.10) (from Ch. 111 1/2, par. 719.10)
16 Sec. 9.10. Porches, carports, garages, sheds, awnings,
17skirting, and auxiliary rooms shall be constructed of materials
18specified by rule regulations.
19(Source: P.A. 85-565.)
20 (210 ILCS 115/19) (from Ch. 111 1/2, par. 729)
21 Sec. 19. Violations; penalties.
22 (a) Whoever violates any provision of this Act, shall,
23except as otherwise provided, be guilty of a Class B

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

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1 administrative hearing on the question of the alleged
2 violation.
3 (2) An opportunity to present evidence, orally or in
4 writing or both, on the question of the alleged violation
5 before an impartial hearing examiner appointed by the
6 Director of Public Health.
7 (3) A written decision from the Director of Public
8 Health, based on the evidence introduced at the hearing and
9 the hearing examiner's recommendations, finding that the
10 person violated this Act.
11 The Attorney General may bring an action in the circuit
12court to enforce the collection of an administrative monetary
13penalty imposed under this subsection.
14 The Department shall deposit all administrative monetary
15penalties collected under this subsection into the Facility
16Licensing Fund. Subject to appropriation, moneys in the Fund
17shall be used for the enforcement of this Act.
18(Source: P.A. 95-383, eff. 1-1-08.)
19 Section 99. Effective date. This Act takes effect upon
20becoming law.
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