Bill Amendment: IL SB3261 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: ABANDONED MOBILE HOMES

Status: 2018-08-24 - Public Act . . . . . . . . . 100-1083 [SB3261 Detail]

Download: Illinois-2017-SB3261-Senate_Amendment_001.html

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Sen. Elgie R. Sims, Jr.

Filed: 4/18/2018

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AMENDMENT TO SENATE BILL 3261
AMENDMENT NO. ______. Amend Senate Bill 3261 by replacing
everything after the enacting clause with the following:
"Section 5. The Abandoned Mobile Home Act is amended by
changing the title of the Act and Sections 10 and 15 and by
adding Section 10.1 as follows:
(210 ILCS 117/Act title)
An Act authorizing municipalities, and counties, and
mobile home park owners and operators to remove and dispose of
abandoned mobile homes, amending named Acts.
(210 ILCS 117/10)
Sec. 10. Definitions. As used in this Act:
"Manufactured home" means a factory-assembled, completely
integrated structure designed for permanent habitation, with a
permanent chassis, and so constructed as to permit its

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transport, on wheels temporarily or permanently attached to its
frame, and is a movable or portable unit that is (i) 8 body
feet or more in width, (ii) 40 body feet or more in length, and
(iii) 320 or more square feet, constructed to be towed on its
own chassis (comprised of frame and wheels) from the place of
its construction to the location, or subsequent locations, at
which it is connected to utilities for year-round occupancy for
use as a permanent habitation, and designed and situated so as
to permit its occupancy as a dwelling place for one or more
persons, and specifically includes a "manufactured home" as
defined in subdivision (53) of Section 9-102 of the Uniform
Commercial Code. The term shall include units containing parts
that may be folded, collapsed, or telescoped when being towed
and that may be expected to provide additional cubic capacity,
and that are designed to be joined into one integral unit
capable of being separated again into the components for
repeated towing. The term excludes campers and recreational
vehicles. The words "mobile home" and "manufactured home" are
synonymous for the purposes of this Act.
"Abandoned mobile home" means a mobile home located inside
a mobile home park that has no owner currently residing in the
mobile home or authorized tenant of the owner currently
residing in the mobile home to the best knowledge of the mobile
home park owner or operator or municipality; has had its
electricity, natural gas, sewer, and water utilities
terminated or disconnected payments declared delinquent by the

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utility companies or mobile home park owner or operator that
are providing such services; and for which the Mobile Home
Privilege Tax, imposed under the Mobile Home Local Services Tax
Act, is delinquent for at least 3 months. A mobile home affixed
to a foundation and abandoned outside a mobile home park must
be treated like other real property for condemnation purposes.
"Manufactured home owner" means a person who holds title to
a manufactured home.
"Manufactured home resident" means a manufactured home
owner who rents space in a mobile home park from a mobile home
park owner or operator for the purpose of locating his or her
manufactured home or a person who rents a manufactured home in
a mobile home park from a mobile home park owner or operator.
"Mobile home park" has the meaning provided under Section
2.5 of the Mobile Home Park Act.
"Municipality" means any city, village, incorporated town,
or its duly authorized agent. If an abandoned mobile home is
located in an unincorporated area, the county where the mobile
home is located shall have all powers granted to a municipality
under this Act.
(Source: P.A. 98-749, eff. 7-16-14.)
(210 ILCS 117/10.1 new)
Sec. 10.1. Proceedings.
(a) A proceeding to remove an abandoned mobile home may be
maintained by the mobile home park owner or operator in the

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circuit court in the county in which the manufactured home is
situated.
(b) A mobile home park owner or operator may commence a
proceeding to obtain a judgment of the court declaring that a
manufactured home has been abandoned upon proof of all of the
following:
(1) The manufactured home has been vacant for a period
of not less than 180 days without notice to the mobile home
park owner or operator; however, the period shall be 90
days if a judgment of eviction with respect to the
manufactured home has been entered.
(2) The manufactured home resident has defaulted in the
payment of rent for a period of more than 60 days.
(3) At least 30 days before commencing the proceeding,
the mobile home park owner or operator has notified all
known holders of liens against the manufactured home,
manufactured home owners, and manufactured home residents
to the last known address by certified mail, return receipt
requested. The notice shall also be sent by certified mail,
return receipt requested, to the last person who paid the
mobile home privilege tax on the mobile home as shown on
the records of the county treasurer of the county where the
mobile home is located. Before commencing a proceeding
under this Act, the mobile home park owner or operator
shall cause a search to be done to determine whether there
are any lienholders with an existing interest in the

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manufactured home. The notice shall include a description
of the manufactured home and its location, and that
proceedings will be initiated by the mobile home park owner
or operator under this Section for the removal and disposal
of the manufactured home. The notice shall also describe
the procedure for the manufactured home owner or
manufactured home resident to retrieve any household goods
or other personal property in the manufactured home before
the conclusion of proceedings under this Section.
(4) At least 3 of the following factors apply:
(A) the manufactured home has no owner currently
residing in the home or authorized tenant of the owner
currently residing in the home to the best knowledge of
the mobile home park owner or operator;
(B) electricity, natural gas, sewer, and water
utility services to the manufactured home have been
terminated or disconnected by the utility provider or
the mobile home park owner or operator;
(C) the mobile home privilege tax, imposed under
the Mobile Home Local Services Tax Act, is delinquent
for at least 3 months;
(D) the manufactured home is in a state of
substantial disrepair that makes the manufactured home
uninhabitable; or
(E) other objective evidence of abandonment that
the court finds reliable.

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(c) A proceeding under this Act shall be commenced by
filing a complaint naming as defendants all known holders of
liens against the manufactured home, manufactured home owners,
and manufactured home residents. The complaint shall comply
with the requirements of a complaint under the Code of Civil
Procedure. The summons shall state that if the defendant fails
to answer and establish any defense that he or she may have,
then he or she may be precluded from asserting such defense or
the claim on which it is based in any other proceeding or
action, that a final judgment may be entered if the court finds
that the plaintiff has made the requisite showing, and that the
result of that final judgment shall be the loss of the
manufactured home resident's home. Service of the summons and
complaint, return of process, and filing of an answer or other
responsive pleading shall conform to the requirements of the
Code of Civil Procedure and Supreme Court Rules.
(d) Upon the entry of a judgment that a manufactured home
has been abandoned, the mobile home park owner or operator
shall execute the judgment and cause the removal of the
manufactured home from the mobile home park within 30 days
after delivery of the judgment.
(e) The judgment shall clearly recite that a declaration of
abandonment has been granted and that the manufactured home
will be removed from the mobile home park no later than the
30th day after the delivery of the judgment unless an alternate
disposition is ordered under subsection (f).

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(f) As used in this subsection, "diligent inquiry" means
sending a notice by certified mail to the last known address.
In lieu of ordering the removal of a manufactured home, the
court may, upon good cause shown, provide for an alternate
disposition of the manufactured home, including, but not
limited to, sale, assignment of title, or destruction. When a
manufactured home is disposed of under this Section through a
sale of the manufactured home, the mobile home park owner or
operator shall, after payment of all outstanding rent, fees,
costs, and expenses to the community, and payment in priority
order to lienholders, including providers of any utility
services, pay any remaining balance to the title holder of the
manufactured home. If the title holder cannot be found through
diligent inquiry after 90 days, then the funds shall be
forfeited.
(g) If any household goods or other personal property of
the defendant remain in the manufactured home at the conclusion
of proceedings under this Act, then the mobile home park owner
or operator shall provide for the storage of the household
goods and personal property for a period of not less than 30
days after the date of the final judgment of the court
providing for the disposition of the manufactured home. If the
household goods or other personal property are stored in a
self-storage facility, then an amount equal to the charges
imposed for such storage may be recovered from the defendant.
Upon the expiration of such period, the mobile home park owner

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or operator: (1) has no further liability for the storage or
safekeeping of such household goods or personal property; and
(2) may provide for the destruction or other disposition of
such household goods or personal property. At least 20 days
before removing any household goods or other personal property
of the defendant that remains in the manufactured home at the
conclusion of proceedings under this Act, the mobile home park
owner or operator shall send all known manufactured home owners
and manufactured home residents written notice to the last
known address by certified mail, return receipt requested. The
notice shall include a description of the procedures,
deadlines, and costs for the retrieval of items being stored in
accordance with this subsection (g).
(210 ILCS 117/15)
Sec. 15. Authorization. The corporate authority of a
municipality may remove and dispose of any abandoned mobile
home found within the municipality and may legally enter upon
any land to do so if the mobile home park owner or operator of
the mobile home park where the abandoned mobile home is located
has not initiated proceedings under Section 10.1 of this Act
within 45 days after written notice to the mobile home park
owner or operator by certified mail, return receipt requested
stating that the corporate authority intends to take action
under this Act. The notice to the mobile home park owner or
operator shall specify the location of the abandoned mobile

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home in the park. This amendatory Act of the 100th General
Assembly shall not be construed to affect any other
authorization or obligation of the corporate authority under
this Act.
(Source: P.A. 88-516.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 3-117.1 as follows:
(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
Sec. 3-117.1. When junking certificates or salvage
certificates must be obtained.
(a) Except as provided in Chapter 4 and Section 3-117.3 of
this Code, a person who possesses a junk vehicle shall within
15 days cause the certificate of title, salvage certificate,
certificate of purchase, or a similarly acceptable out of state
document of ownership to be surrendered to the Secretary of
State along with an application for a junking certificate,
except as provided in Section 3-117.2, whereupon the Secretary
of State shall issue to such a person a junking certificate,
which shall authorize the holder thereof to possess, transport,
or, by an endorsement, transfer ownership in such junked
vehicle, and a certificate of title shall not again be issued
for such vehicle.
A licensee who possesses a junk vehicle and a Certificate
of Title, Salvage Certificate, Certificate of Purchase, or a

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similarly acceptable out-of-state document of ownership for
such junk vehicle, may transport the junk vehicle to another
licensee prior to applying for or obtaining a junking
certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the
licensee transferee at the time of transfer. In any case, the
licensee transferor shall apply for a junking certificate in
conformance with Section 3-117.1 of this Chapter. The following
information shall be contained on a uniform invoice:
(1) The business name, address and dealer license
number of the person disposing of the vehicle, junk vehicle
or vehicle cowl;
(2) The name and address of the person acquiring the
vehicle, junk vehicle or vehicle cowl, and if that person
is a dealer, the Illinois or out-of-state dealer license
number of that dealer;
(3) The date of the disposition of the vehicle, junk
vehicle or vehicle cowl;
(4) The year, make, model, color and description of
each vehicle, junk vehicle or vehicle cowl disposed of by
such person;
(5) The manufacturer's vehicle identification number,
Secretary of State identification number or Illinois
Department of State Police number, for each vehicle, junk
vehicle or vehicle cowl part disposed of by such person;
(6) The printed name and legible signature of the

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person or agent disposing of the vehicle, junk vehicle or
vehicle cowl; and
(7) The printed name and legible signature of the
person accepting delivery of the vehicle, junk vehicle or
vehicle cowl.
The Secretary of State may certify a junking manifest in a
form prescribed by the Secretary of State that reflects those
vehicles for which junking certificates have been applied or
issued. A junking manifest may be issued to any person and it
shall constitute evidence of ownership for the vehicle listed
upon it. A junking manifest may be transferred only to a person
licensed under Section 5-301 of this Code as a scrap processor.
A junking manifest will allow the transportation of those
vehicles to a scrap processor prior to receiving the junk
certificate from the Secretary of State.
(b) An application for a salvage certificate shall be
submitted to the Secretary of State in any of the following
situations:
(1) When an insurance company makes a payment of
damages on a total loss claim for a vehicle, the insurance
company shall be deemed to be the owner of such vehicle and
the vehicle shall be considered to be salvage except that
ownership of (i) a vehicle that has incurred only hail
damage that does not affect the operational safety of the
vehicle or (ii) any vehicle 9 model years of age or older
may, by agreement between the registered owner and the

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insurance company, be retained by the registered owner of
such vehicle. The insurance company shall promptly deliver
or mail within 20 days the certificate of title along with
proper application and fee to the Secretary of State, and a
salvage certificate shall be issued in the name of the
insurance company. Notwithstanding the foregoing, an
insurer making payment of damages on a total loss claim for
the theft of a vehicle shall not be required to apply for a
salvage certificate unless the vehicle is recovered and has
incurred damage that initially would have caused the
vehicle to be declared a total loss by the insurer.
(1.1) When a vehicle of a self-insured company is to be
sold in the State of Illinois and has sustained damaged by
collision, fire, theft, rust corrosion, or other means so
that the self-insured company determines the vehicle to be
a total loss, or if the cost of repairing the damage,
including labor, would be greater than 70% of its fair
market value without that damage, the vehicle shall be
considered salvage. The self-insured company shall
promptly deliver the certificate of title along with proper
application and fee to the Secretary of State, and a
salvage certificate shall be issued in the name of the
self-insured company. A self-insured company making
payment of damages on a total loss claim for the theft of a
vehicle may exchange the salvage certificate for a
certificate of title if the vehicle is recovered without

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damage. In such a situation, the self-insured shall fill
out and sign a form prescribed by the Secretary of State
which contains an affirmation under penalty of perjury that
the vehicle was recovered without damage and the Secretary
of State may, by rule, require photographs to be submitted.
(2) When a vehicle the ownership of which has been
transferred to any person through a certificate of purchase
from acquisition of the vehicle at an auction, other
dispositions as set forth in Sections 4-208 and 4-209 of
this Code, or a lien arising under Section 18a-501 of this
Code, or a public sale under the Abandoned Mobile Home Act
shall be deemed salvage or junk at the option of the
purchaser. The person acquiring such vehicle in such manner
shall promptly deliver or mail, within 20 days after the
acquisition of the vehicle, the certificate of purchase,
the proper application and fee, and, if the vehicle is an
abandoned mobile home under the Abandoned Mobile Home Act,
a certification from a local law enforcement agency that
the vehicle was purchased or acquired at a public sale
under the Abandoned Mobile Home Act to the Secretary of
State and a salvage certificate or junking certificate
shall be issued in the name of that person. The salvage
certificate or junking certificate issued by the Secretary
of State under this Section shall be free of any lien that
existed against the vehicle prior to the time the vehicle
was acquired by the applicant under this Code.

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(3) A vehicle which has been repossessed by a
lienholder shall be considered to be salvage only when the
repossessed vehicle, on the date of repossession by the
lienholder, has sustained damage by collision, fire,
theft, rust corrosion, or other means so that the cost of
repairing such damage, including labor, would be greater
than 33 1/3% of its fair market value without such damage.
If the lienholder determines that such vehicle is damaged
in excess of 33 1/3% of such fair market value, the
lienholder shall, before sale, transfer or assignment of
the vehicle, make application for a salvage certificate,
and shall submit with such application the proper fee and
evidence of possession. If the facts required to be shown
in subsection (f) of Section 3-114 are satisfied, the
Secretary of State shall issue a salvage certificate in the
name of the lienholder making the application. In any case
wherein the vehicle repossessed is not damaged in excess of
33 1/3% of its fair market value, the lienholder shall
comply with the requirements of subsections (f), (f-5), and
(f-10) of Section 3-114, except that the affidavit of
repossession made by or on behalf of the lienholder shall
also contain an affirmation under penalty of perjury that
the vehicle on the date of sale is not damaged in excess of
33 1/3% of its fair market value. If the facts required to
be shown in subsection (f) of Section 3-114 are satisfied,
the Secretary of State shall issue a certificate of title

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as set forth in Section 3-116 of this Code. The Secretary
of State may by rule or regulation require photographs to
be submitted.
(4) A vehicle which is a part of a fleet of more than 5
commercial vehicles registered in this State or any other
state or registered proportionately among several states
shall be considered to be salvage when such vehicle has
sustained damage by collision, fire, theft, rust,
corrosion or similar means so that the cost of repairing
such damage, including labor, would be greater than 33 1/3%
of the fair market value of the vehicle without such
damage. If the owner of a fleet vehicle desires to sell,
transfer, or assign his interest in such vehicle to a
person within this State other than an insurance company
licensed to do business within this State, and the owner
determines that such vehicle, at the time of the proposed
sale, transfer or assignment is damaged in excess of 33
1/3% of its fair market value, the owner shall, before such
sale, transfer or assignment, make application for a
salvage certificate. The application shall contain with it
evidence of possession of the vehicle. If the fleet vehicle
at the time of its sale, transfer, or assignment is not
damaged in excess of 33 1/3% of its fair market value, the
owner shall so state in a written affirmation on a form
prescribed by the Secretary of State by rule or regulation.
The Secretary of State may by rule or regulation require

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photographs to be submitted. Upon sale, transfer or
assignment of the fleet vehicle the owner shall mail the
affirmation to the Secretary of State.
(5) A vehicle that has been submerged in water to the
point that rising water has reached over the door sill and
has entered the passenger or trunk compartment is a "flood
vehicle". A flood vehicle shall be considered to be salvage
only if the vehicle has sustained damage so that the cost
of repairing the damage, including labor, would be greater
than 33 1/3% of the fair market value of the vehicle
without that damage. The salvage certificate issued under
this Section shall indicate the word "flood", and the word
"flood" shall be conspicuously entered on subsequent
titles for the vehicle. A person who possesses or acquires
a flood vehicle that is not damaged in excess of 33 1/3% of
its fair market value shall make application for title in
accordance with Section 3-116 of this Code, designating the
vehicle as "flood" in a manner prescribed by the Secretary
of State. The certificate of title issued shall indicate
the word "flood", and the word "flood" shall be
conspicuously entered on subsequent titles for the
vehicle.
(6) When any licensed rebuilder, repairer, new or used
vehicle dealer, or remittance agent has submitted an
application for title to a vehicle (other than an
application for title to a rebuilt vehicle) that he or she

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knows or reasonably should have known to have sustained
damages in excess of 33 1/3% of the vehicle's fair market
value without that damage; provided, however, that any
application for a salvage certificate for a vehicle
recovered from theft and acquired from an insurance company
shall be made as required by paragraph (1) of this
subsection (b).
(c) Any person who without authority acquires, sells,
exchanges, gives away, transfers or destroys or offers to
acquire, sell, exchange, give away, transfer or destroy the
certificate of title to any vehicle which is a junk or salvage
vehicle shall be guilty of a Class 3 felony.
(d) Any person who knowingly fails to surrender to the
Secretary of State a certificate of title, salvage certificate,
certificate of purchase or a similarly acceptable out-of-state
document of ownership as required under the provisions of this
Section is guilty of a Class A misdemeanor for a first offense
and a Class 4 felony for a subsequent offense; except that a
person licensed under this Code who violates paragraph (5) of
subsection (b) of this Section is guilty of a business offense
and shall be fined not less than $1,000 nor more than $5,000
for a first offense and is guilty of a Class 4 felony for a
second or subsequent violation.
(e) Any vehicle which is salvage or junk may not be driven
or operated on roads and highways within this State. A
violation of this subsection is a Class A misdemeanor. A

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salvage vehicle displaying valid special plates issued under
Section 3-601(b) of this Code, which is being driven to or from
an inspection conducted under Section 3-308 of this Code, is
exempt from the provisions of this subsection. A salvage
vehicle for which a short term permit has been issued under
Section 3-307 of this Code is exempt from the provisions of
this subsection for the duration of the permit.
(Source: P.A. 99-932, eff. 6-1-17; 100-104, eff. 11-9-17.)".