SB 3261 — ABANDONED MOBILE HOMES

SB3261 EngrossedEnrolled LRB100 18724 MJP 33958 b AN ACT concerning regulation.

"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 SB3261 EngrossedEnrolled - 2 - LRB100 18724 MJP 33958 b 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.

"Manufactured home owner" means a person who holds title to SB3261 EngrossedEnrolled - 3 - LRB100 18724 MJP 33958 b a manufactured home.

(1) The manufactured home has been vacant for a period SB3261 EngrossedEnrolled - 4 - LRB100 18724 MJP 33958 b of not less than 180 days without notice to the mobile home park owner or operator;

The notice shall also describe the procedure for the manufactured home owner or manufactured home resident to retrieve any household goods SB3261 EngrossedEnrolled - 5 - LRB100 18724 MJP 33958 b or other personal property in the manufactured home before the conclusion of proceedings under this Section.

The summons shall state that if the defendant fails to answer and establish any defense that he or she may have, SB3261 EngrossedEnrolled - 6 - LRB100 18724 MJP 33958 b 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.

When a manufactured home is disposed of under this Section through a SB3261 EngrossedEnrolled - 7 - LRB100 18724 MJP 33958 b 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.

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 SB3261 EngrossedEnrolled - 8 - LRB100 18724 MJP 33958 b 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 Illinois Vehicle Code is amended by SB3261 EngrossedEnrolled - 9 - LRB100 18724 MJP 33958 b changing Section 3-117.1 as follows:

In any case, the licensee transferor shall apply for a junking certificate in SB3261 EngrossedEnrolled - 10 - LRB100 18724 MJP 33958 b conformance with Section 3-117.1 of this Chapter.

The Secretary of State may certify a junking manifest in a form prescribed by the Secretary of State that reflects those SB3261 EngrossedEnrolled - 11 - LRB100 18724 MJP 33958 b vehicles for which junking certificates have been applied or issued.

Notwithstanding the foregoing, an insurer making payment of damages on a total loss claim for SB3261 EngrossedEnrolled - 12 - LRB100 18724 MJP 33958 b 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.

(2) When a vehicle the ownership of which has been transferred to any person through a certificate of purchase SB3261 EngrossedEnrolled - 13 - LRB100 18724 MJP 33958 b 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.

SB3261 EngrossedEnrolled - 14 - LRB100 18724 MJP 33958 b 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.

(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 SB3261 EngrossedEnrolled - 15 - LRB100 18724 MJP 33958 b 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.

A flood vehicle shall be considered to be salvage SB3261 EngrossedEnrolled - 16 - LRB100 18724 MJP 33958 b 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.

SB3261 EngrossedEnrolled - 17 - LRB100 18724 MJP 33958 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.

SB3261 EngrossedEnrolled - 18 - LRB100 18724 MJP 33958 b (Source: