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| Public Act 100-1083
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| SB3261 Enrolled | LRB100 18724 MJP 33958 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(210 ILCS 117/Act title)
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An Act authorizing municipalities, and counties, and |
mobile home park owners and operators to remove and dispose of
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abandoned mobile
homes, amending named Acts.
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(210 ILCS 117/10)
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Sec. 10. Definitions. As used in this Act:
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"Manufactured home" means a factory-assembled, completely |
integrated structure designed for permanent habitation, with a |
permanent chassis, and so constructed as to permit its |
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 |
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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.
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"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
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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 |
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.
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"Manufactured home owner" means a person who holds title to |
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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.
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(Source: P.A. 98-749, eff. 7-16-14.)
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(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 |
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 |
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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 |
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 |
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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. |
(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, |
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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). |
(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 |
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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 |
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 |
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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).
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(210 ILCS 117/15)
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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 |
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.
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(Source: P.A. 88-516.)
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Section 10. The Illinois Vehicle Code is amended by |
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changing Section 3-117.1 as follows:
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(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
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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
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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,
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or, by an endorsement, transfer ownership in such junked |
vehicle, and a
certificate of title shall not again be issued |
for such vehicle.
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A licensee who possesses a junk vehicle and a Certificate |
of Title,
Salvage Certificate, Certificate of Purchase, or a |
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
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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 |
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conformance with Section 3-117.1
of this Chapter. The following |
information shall be contained on a uniform
invoice:
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(1) The business name, address and dealer license |
number of the person
disposing of the vehicle, junk vehicle |
or vehicle cowl;
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(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;
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(3) The date of the disposition of the vehicle, junk |
vehicle or vehicle
cowl;
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(4) The year, make, model, color and description of |
each vehicle, junk
vehicle or vehicle cowl disposed of by |
such person;
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(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;
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(6) The printed name and legible signature of the |
person or agent
disposing of the vehicle, junk vehicle or |
vehicle cowl; and
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(7) The printed name and legible signature of the |
person accepting
delivery of the vehicle, junk vehicle or |
vehicle cowl.
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The Secretary of State may certify a junking manifest in a |
form prescribed by
the Secretary of State that reflects those |
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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.
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A junking manifest will allow the transportation of those
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vehicles to a scrap processor prior to receiving the junk |
certificate from
the Secretary of State.
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(b) An application for a salvage certificate shall be |
submitted to the
Secretary of State in any of the following |
situations:
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(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
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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 |
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 |
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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 |
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.
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(2) When a vehicle the ownership of which has been |
transferred to any
person through a certificate of purchase |
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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
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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
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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. |
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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 |
as set forth in Section 3-116 of this Code.
The Secretary |
of State may by rule or regulation require photographs to |
be
submitted.
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(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 |
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sustained damage by collision, fire, theft, rust,
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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,
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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
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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 |
photographs to be
submitted. Upon sale, transfer or |
assignment of the fleet vehicle the
owner shall mail the |
affirmation to the Secretary of State.
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(5) A vehicle that has been submerged in water to the
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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 |
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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.
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(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 |
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). |
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(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.
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(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
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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.
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(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 |
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.
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