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.

Effective Date: 1/1/2014