Public Act 098-0540
 
SB2101 EnrolledLRB098 06420 MGM 36463 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 9 and 19  and  by adding Section 9.16 as follows:
 



    (210 ILCS 115/9)  (from Ch. 111 1/2, par. 719)



    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.

(Source: P.A. 91-357, eff. 7-29-99.)

 
    (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.