Bill Text: IL SB0332 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Public Labor Relations Act. Makes a technical change in a Section concerning security employees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-12-31 - Public Act . . . . . . . . . 96-0855 [SB0332 Detail]

Download: Illinois-2009-SB0332-Engrossed.html

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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.20 and by adding Section 4.30 as follows:
(5 ILCS 80/4.20)
Sec. 4.20. Acts repealed on January 1, 2010 and December
31, 2010.
(a) The following Acts are repealed on January 1, 2010:
The Auction License Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice
Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(b) The following Act is repealed on December 31, 2010:
The Medical Practice Act of 1987.
(Source: P.A. 95-1018, eff. 12-18-08.)

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(5 ILCS 80/4.30 new)
Sec. 4.30. Act repealed on January 1, 2020. The following
Act is repealed on January 1, 2020:
The Land Sales Registration Act of 1999.
Section 10. The Land Sales Registration Act of 1999 is
amended by changing Sections 1-10, 1-15, 5-5, 5-10, 5-15, 5-20,
5-25, 10-15, 10-20, 10-30, 15-5, 15-10, 15-15, 15-20, 15-25,
15-30, 15-35, 15-40, 15-45, 15-50, 15-55, 15-60, 15-65, 15-70,
15-75, 20-5, 20-10, 20-15, 20-20, and 20-25 and by adding
Sections 5-23 and 15-7 as follows:
(765 ILCS 86/1-10)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1-10. Definitions. In this Act, unless the context
otherwise requires:
"Blanket encumbrance" means a trust deed, mortgage,
mechanics lien, or any other lien or financial encumbrance
securing or evidencing money debt and affecting land to be
subdivided or affecting more than one lot or parcel of
subdivided land; or an agreement affecting more than one such
lot or parcel by which the subdivider holds the subdivision
under an option, contract to purchase, or trust agreement.
Taxes and assessments levied by public authority are not an
encumbrance under this Act.

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"Commissioner" means the Commissioner of Banks and Real
Estate or a natural person authorized by the Commissioner, the
Office of Banks and Real Estate Act, or this Act to act in the
Commissioner's stead.
"Common promotional plan" means a plan, undertaken by a
single developer or a group of developers acting in concert, to
offer lots for sale or lease. Where land is offered for sale by
a developer or group of developers acting in concert and the
land is contiguous or is known, designated, or advertised as a
common unit or by a common name, the land is presumed, without
regard to the number of lots covered by each individual
offering, to be offered for sale or lease as part of a common
promotional plan.
"Department" means the Illinois Department of Financial
and Professional Regulation.
"Offer" includes every inducement, solicitation, or
attempt to encourage a person to acquire an interest in a
subdivision or subdivided land, if undertaken for gain or
profit.
"Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership, unincorporated association, 2 or more of
any of the foregoing having a joint or common interest, or any
other legal or commercial entity.
"Sale" includes a sale, lease, assignment, or award by
lottery, or any offer or solicitation of an offer to do any of

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the foregoing, concerning a subdivision or any part of a
subdivision, if undertaken for gain or profit.
"Secretary" means the Secretary of Financial and
Professional Regulation.
"Subdivided land" and "subdivision" mean improved or
unimproved lands located outside the State of Illinois, divided
or proposed to be divided into 25 or more lots or parcels, and
also include any land, whether contiguous or not, if 25 or more
lots, parcels, units or interests are offered as a part of a
common promotional plan of advertising and sale.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/1-15)
(Section scheduled to be repealed on January 1, 2010)
Sec. 1-15. Powers and duties of the Department Office of
Banks and Real Estate. The Department Office of Banks and Real
Estate shall exercise the powers and duties established by this
Act. The Secretary Commissioner may adopt rules consistent with
the provisions of this Act for its administration and
enforcement and may prescribe forms that shall be issued in
connection with this Act. The Department Office of Banks and
Real Estate shall issue a certificate of registration to any
person who meets the qualifications set forth in this Act.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/5-5)

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(Section scheduled to be repealed on January 1, 2010)
Sec. 5-5. Registration requirement; exemptions. It is
unlawful for any person to engage in the business of selling
land that is located outside the State of Illinois to any
individual located in Illinois without a certificate of
registration issued by the Department Office of Banks and Real
Estate pursuant to this Act. Unless the method of sale is
adopted for the purpose of evasion of this Act, the provisions
of this Act do not apply to an offer or disposition of an
interest in land:
(1) by a purchaser of subdivided lands for the
purchaser's own account in a single or isolated
transaction;
(2) if fewer than 25 separate lots, parcels, units or
interests in subdivided lands are offered by a person;
(3) on which there is a commercial or industrial
building, shopping center, house, apartment house,
condominium structure, or town house, or as to which there
is a legal obligation on the part of the seller to
construct such a building within 2 years from the date of
disposition;
(4) that is sold for industrial, commercial, or
institutional purposes;
(5) that consists of cemetery lots or interests;
(6) that consists of a subdivision as to which the plan
of sale is to dispose of it to 10 or fewer persons; or

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(7) in lots or parcels of 20 or more acres,
unconditionally, or of 10 or more acres if there is free
and ready access leading to county-maintained roads.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/5-10)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5-10. Application for registration.
(a) Before subdivided lands are offered for sale, the
subdivider or the subdivider's agent shall file with the
Department Office of Banks and Real Estate an application on
forms supplied by the Department Office of Banks and Real
Estate. A registration fee shall accompany the application. The
application shall contain all of the following information:
(1) The name and address of the fee title owner of the
subdivided lands.
(2) The name and address of the subdivider.
(3) The name and address of an agent of the subdivider
in Illinois authorized to accept service of process on
behalf of the subdivider.
(4) The legal description and acreage of the lands,
together with a map showing the layout as recorded or
proposed and the relation of the lands to existing streets
or roads, waterways, schools, churches, shopping centers,
and local bus and rail transportation, with a statement of
distances to each.

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(5) A true statement as to title to the subdivided
land, including all financial encumbrances and unpaid
taxes thereon.
(6) If subject property is in a land trust, a true
statement of the names and addresses of all parties with a
beneficial interest in the trust.
(7) A true statement of the terms and conditions by
which it is intended the subdivided land will be sold,
together with copies of any and all forms of contract or
conveyance intended to be used. If a language other than
English was used in advertising the property or during the
sales presentation, translations, in that language, of the
Illinois Public Property Report, any contract or lien, and
any note shall be provided to the purchaser before the
purchaser executes the contract. A receipt for these
translations shall be obtained and a copy of the receipt
shall be kept available in this State and subject to
inspection by the Department Office of Banks and Real
Estate for 3 years from the date of the receipt.
(8) A true statement of provision for sewage disposal
and public utilities, if any, in the proposed or existing
subdivision, including water, electricity, gas, and
telephone facilities.
(9) A correct reference to applicable zoning
ordinances and regulations.
(10) Certified financial statements of the subdivider.

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(11) A proposed public property report, suitable for
distribution to any proposed purchaser if a certificate of
registration is issued, which shall contain the following
information:
(A) the name and principal address of the
subdivider;
(B) a general description of the subdivided lands,
stating the total number of lots, parcels, units, or
interests in the offering;
(C) the significant terms of any encumbrances,
easements, liens, and restrictions, including zoning
and other regulations affecting the subdivided lands
and each lot or unit, and a statement of all existing
taxes and existing or proposed special taxes or
assessments that affect the subdivided lands;
(D) a statement of the use for which the property
is offered;
(E) information concerning improvements, including
streets, water supply, levees, drainage control
systems, irrigation systems, sewage disposal
facilities, and customary utilities, and the estimated
costs, date of completion, and responsibility for
construction and maintenance of existing and proposed
improvements that are referred to in connection with
the offering or disposition of any interest in
subdivided lands;

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(F) a statement that certified financial
statements are available upon request; and
(G) such additional information consistent with
this Act which may be required by the Department Office
of Banks and Real Estate to assure full and fair
disclosure to prospective purchasers.
(b) The subdivider shall report all material changes with
respect to subdivided lands registered for sale under this Act,
and the Department Office of Banks and Real Estate may require
that the public property report be amended to reflect such
material change. In the event the subdivider wishes to update
the public property report, the subdivider may do so upon
proper application to the Department Office of Banks and Real
Estate.
(c) If the subdivider registers additional subdivided
lands to be offered for sale, the subdivider may consolidate
the subsequent registration with any earlier registration
offering subdivided lands for sale under the same promotional
plan, and the public property report shall be amended to
include the additional subdivided lands so registered.
(d) The Department Office of Banks and Real Estate shall,
at the time the application is submitted or from time to time
thereafter, require the subdivider to furnish financial
assurances, in the form of a performance bond, a surety bond,
or an irrevocable letter of credit in the amount and subject to
terms and requirements approved by the Department Office of

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Banks and Real Estate, for the purpose of protecting purchasers
of lots in the subdivision to ensure that the improvements will
be constructed and maintained in the manner represented by the
subdivider. The Department Office of Banks and Real Estate may
accept evidence that such assurances have been furnished to a
foreign state, or a county or municipality within such state,
in fulfillment of this requirement.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/5-15)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5-15. Issuance Notice of filing; issuance of
certificate; exemption; renewal.
(a) The Department Upon receipt of the application for
registration in proper form, the Office of Banks and Real
Estate shall issue a notice of filing to the applicant. Within
60 days from the date of the notice of filing, the Office of
Banks and Real Estate shall enter an order registering the
subdivided lands or rejecting the registration. If no order of
rejection is entered within 60 days from the date of receipt
notice of filing, the land shall be deemed registered unless
the applicant has consented in writing to a delay.
(b) If the Department Office of Banks and Real Estate
affirmatively determines, upon inquiry and examination, that
the requirements of this Act have been met, it shall issue a
certificate of registration registering the subdivided lands

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and shall approve the form of the public property report.
(b-5) If the Department affirmatively determines, upon
inquiry and examination, that the exemption requirements of
this Act have been met, it shall issue a written approval.
(c) If the Department Office of Banks and Real Estate
determines, upon inquiry and examination, that any of the
requirements of this Act have not been met, it shall notify the
applicant that the application for registration or exemption
must be corrected in the particulars specified within 15 days.
If the requirements are not met within the time allowed, the
Department Office of Banks and Real Estate shall enter an order
rejecting the registration or exemption, which shall include
the findings of fact upon which the order is based. The order
rejecting the registration shall not become effective for 20
days, during which time the applicant may petition for
reconsideration and shall be entitled to a hearing.
(d) The Department Office of Banks and Real Estate may
adopt rules authorizing the subdivider or the subdivider's
agent to file an abbreviated application , as the subdivider's
application for a certificate of registration in lieu of some
or all of the requirements of Section 5-10, (i) a copy of the
statement of record filed with respect to the subdivision
pursuant to the Federal Interstate Land Sales Full Disclosure
Act if the statement complies with the requirements of that Act
and the regulations pertinent to that Act or (ii) an acceptable
certificate of registration from another jurisdiction in which

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the requirements for registration are substantially the same or
exceed those provided in this Act. Notwithstanding the
requirements of Section 5-10, the Department Office of Banks
and Real Estate may suspend or revoke any registration under
this Section that includes any registration, property report,
or similar disclosure documents accepted under this subsection
if the registration, property report, or similar disclosure is
suspended or revoked by the registering state or by the federal
government.
(e) A certificate of registration issued under this Section
shall expire on June 30 following the date of issuance. In the
absence of any reason or condition under Section 15-5 10-35
that might warrant the suspension or revocation of a
registration, a certificate shall be renewed upon payment of
the required fee and submission of documentation as provided by
rule. An exemption issued under this Section shall not expire
or renew. The applicant must notify the Department of any
change in the status of the subdivision under which the
exemption was approved.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/5-20)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5-20. Fees.
(a) The Department Office of Banks and Real Estate shall
provide, by rule, for fees to be paid by applicants and

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registrants to cover the reasonable costs of the Department
Office of Banks and Real Estate in administering and enforcing
the provisions of this Act. The Department Office of Banks and
Real Estate may also provide, by rule, for general fees to
cover the reasonable expenses of carrying out other functions
and responsibilities under this Act.
(b) All fees collected under this Act shall be paid into
the Real Estate License Administration Fund in the State
treasury and appropriated to the Department Office of Banks and
Real Estate for administration of this Act or any other Act
administered by the Department Office of Banks and Real Estate
and providing revenue to this fund.
(c) (Blank). Any person who delivers a check or other
payment to the Office of Banks and Real Estate that is returned
to the Office of Banks and Real Estate unpaid by the financial
institution upon which it is drawn shall pay to the Office of
Banks and Real Estate, in addition to the amount already owed
to the Office of Banks and Real Estate, a fee of $50.
(d) (Blank). The fees imposed by this Section are in
addition to any other disciplinary action provided under this
Act for unlicensed practice or practice on a non-renewed
license.
(e) (Blank). The Office of Banks and Real Estate shall
notify the person that payment of fees and fines shall be paid
to the Office of Banks and Real Estate by certified check or
money order within 30 calendar days of the notification. If,

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after the expiration of 30 days from the date of the
notification, the person has failed to submit the necessary
remittance, the Office of Banks and Real Estate shall
automatically terminate the certificate of registration or
deny the application, without hearing. If, after termination or
denial, the person seeks a certificate of registration, he or
she shall apply to the Office of Banks and Real Estate for
restoration or issuance of the certificate of registration and
pay all fees due the Office of Banks and Real Estate. The
Commissioner may waive the fees due under this Section in
individual cases where the Commissioner finds that the fees
would be unreasonable or unnecessarily burdensome.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/5-23 new)
Sec. 5-23. Returned checks; fines. Any person who delivers
a check or other payment to the Department that is returned to
the Department unpaid by the financial institution upon which
it is drawn shall pay to the Department, in addition to the
amount already owed to the Department, a fine of $50. The fines
imposed by this Section are in addition to any other discipline
provided under this Act for unregistered practice or practice
on a nonrenewed registration. The Department shall notify the
person that payment of fees and fines shall be paid to the
Department by certified check or money order within 30 calendar
days of the notification. If, after the expiration of 30 days

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from the date of the notification, the person has failed to
submit the necessary remittance, the Department shall
automatically terminate the registration or deny the
application, without hearing. If, after termination or denial,
the person seeks a registration, he or she shall apply to the
Department for restoration or issuance of the registration and
pay all fees and fines due to the Department. The Department
may establish a fee for the processing of an application for
restoration of a registration to pay all expenses of processing
this application. The Secretary may waive the fines due under
this Section in individual cases where the Secretary finds that
the fines would be unreasonable or unnecessarily burdensome.
(765 ILCS 86/5-25)
(Section scheduled to be repealed on January 1, 2010)
Sec. 5-25. Public property report. When a certificate of
registration is granted by the Department Office of Banks and
Real Estate, a copy of the public property report shall be
given by the owner, subdivider, or agent to each prospective
purchaser prior to the execution of any binding contract or
agreement for the sale of any lot or parcel in a subdivision. A
receipt, in duplicate, shall be taken from each purchaser to
evidence compliance with this Section. Receipts taken for any
published report shall be kept on file in possession of the
owner, subdivider, or agent, subject to inspection by the
Department Office of Banks and Real Estate for 3 years from the

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date the receipt is taken. The report shall not be used for
advertising purposes unless the report is used in its entirety.
No portion of the report shall be underscored, italicized, or
printed in larger or heavier type than any other portion of the
report, unless required by this Act. The report shall contain
the following statement:
If you received this report prior to signing a contract
or agreement, you may cancel your contract or agreement by
giving notice to the seller any time before midnight of the
seventh day following the signing of the contract or
agreement.
If you did not receive this report before you signed a
contract or agreement, you may cancel the contract or
agreement any time within 2 years from the date of signing.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/10-15)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10-15. Copies of instruments. A copy of the
instruments executed in connection with the sale of parcels
within a subdivision shall be kept available in this State and
subject to inspection by the Department Office of Banks and
Real Estate. The Department Office of Banks and Real Estate
shall be notified of any change of address affecting the
location of the owner's, subdivider's, or agent's records, or
of any change in the depository for purchasers' payments under

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this Act.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/10-20)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10-20. Sale of encumbered lots prohibited;
exceptions. It is unlawful for the owner or subdivider to sell
lots or parcels within a subdivision subject to a blanket
encumbrance unless one of the following conditions is met:
(1) All sums paid or advanced by a purchaser are placed
in an escrow or other depository account acceptable to the
Department Office of Banks and Real Estate until (i) the
fee title contracted for is delivered to the purchaser by
deed together with complete release from all financial
encumbrances; (ii) the owner, subdivider, or purchaser
defaults and fails to perform under the contract of sale
and there is final determination as to the disposition of
such moneys; or (iii) the funds in the escrow or other
account are voluntarily returned to the contract
purchaser.
(2) The fee title to the subdivision is placed in trust
under an agreement or trust acceptable to the Department
Office of Banks and Real Estate until a proper release from
each blanket encumbrance, including all taxes, is obtained
and title is delivered to the purchaser.
(3) A bond to the State of Illinois is furnished to the

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Department Office of Banks and Real Estate for the benefit
and protection of purchasers of such lots or parcels, in
the amount and subject to terms approved by the Department
Office of Banks and Real Estate. The bond shall be executed
by a surety company that is authorized to do business in
the State of Illinois and has given consent to be sued in
this State. The bond shall provide for the return of moneys
paid or advanced by a purchaser if (i) the title contracted
for is not delivered and (ii) a full release from each
blanket encumbrance is not obtained. If it is determined
that the purchaser, by reason of default or otherwise, is
not entitled to the return of those moneys, or any portion
of those moneys, then the bond is released by the amount of
moneys to which the purchaser of parcel is not entitled.
(4) The blanket encumbrance contains provisions
evidencing the subordination of the lien of the holder of
the blanket encumbrance to the rights of those persons
purchasing from the subdivider, and further evidencing
that the subdivider is able to secure releases from such
blanket encumbrances with respect to the property.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/10-30)
(Section scheduled to be repealed on January 1, 2010)
Sec. 10-30. Failure to pay registration, and inspection, or
renewal fees; civil penalty. Any owner, subdivider, or agent

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who fails to pay the registration, inspection, or renewal fees
when due shall be assessed a late fee or civil penalty of $100
per day for each day past the due date that the fee is not paid.
Practice by a registrant while in a non-renewed status
constitutes unregistered practice. Any penalties collected
under this Act shall be deposited into the Real Estate License
Administration Fund.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-5)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-5. Disciplinary action; civil penalty.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation, with regard to any registration for
any one or combination of the following: Office of Banks and
Real Estate may refuse to issue or renew any certificate of
registration, or revoke or suspend any certificate of
registration, or place on probation or administrative
supervision or reprimand a registrant registered under this
Act, or impose a civil penalty not to exceed $25,000, for any
one or any combination of the following causes:
(1) Violations of this Act, or of the rules promulgated
under this Act. A registrant's disregard or violation of

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any provision of this Act or of the rules adopted by the
Office of Banks and Real Estate to enforce this Act.
(2) (Blank). A conviction of the registrant or any
principal of the registrant of (i) a felony under the laws
of any U.S. jurisdiction, (ii) a misdemeanor under the laws
of any U.S. jurisdiction if an essential element of the
offense is dishonesty, or (iii) a crime under the laws of
any U.S. jurisdiction if the crime relates directly to the
practice of the profession regulated by this Act.
(3) A registrant's making any misrepresentation for
the purpose of obtaining an exemption or certificate of
registration a registration or certificate.
(4) Disciplinary action against a registrant by
another U.S. jurisdiction, state agency, or foreign nation
regarding the making of land sales regulated by this Act,
if at least one of the grounds for the discipline is the
same as or substantially equivalent to one of those set
forth in this Act.
(5) A finding by the Department Office of Banks and
Real Estate that the registrant, after having his or her
registration placed on probationary status, has violated
the terms of probation.
(6) A registrant's practicing or attempting to
practice under a name other than the name as shown on his
or her registration or any other legally authorized name.
(7) (Blank). A registrant's failure to file a return,

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or to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until the requirements of
any such tax Act are satisfied.
(8) A registrant's engaging in dishonorable,
unethical, or unprofessional conduct of a character likely
to deceive, defraud, or harm the public.
(9) A registrant's aiding or abetting another person or
persons in disregarding or violating any provision of this
Act or of the rules adopted by the Department Office of
Banks and Real Estate to enforce this Act.
(10) Any representation in any document or information
filed with the Department Office of Banks and Real Estate
which is false or misleading.
(11) A registrant's disseminating or causing to be
disseminated any false or misleading promotional materials
or advertisements in connection with a registered
subdivision.
(12) A registrant's concealing, diverting, or
disposing of any funds or assets of any person in a manner
that impairs the rights of purchasers of lots within a
registered subdivision.
(13) A registrant's failure to perform any stipulation
or agreement made to induce the Department Office of Banks
and Real Estate to issue an order relating to the

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registered subdivision.
(14) A registrant's engaging in any act that
constitutes a violation of Section 3-102, 3-103, 3-104, or
3-105 of the Illinois Human Rights Act.
(15) A registrant's failure to provide information
requested in writing by the Department Office of Banks and
Real Estate, within 30 days of the request, either as the
result of a formal or informal complaint to the Office of
Banks and Real Estate or as a result of a random audit
conducted by the Office of Banks and Real Estate, which
would indicate a violation of this Act.
(16) A registrant's failure to account for or remit any
escrow funds coming into his or her possession which
belonged to others.
(17) A registrant's failure to make available to
Department Office of Banks and Real Estate personnel during
normal business hours all escrow records and related
documents maintained in connection therewith, within 24
hours of a request from Department Office of Banks and Real
Estate personnel.
(18) A registrant's failure to comply with any
provision of this Act or the rules implementing this Act,
or any order made by the Department Office of Banks and
Real Estate.
(19) A person's offering for sale, as an agent,
salesman, or broker for a subdivider, developer, or owner,

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subdivided lands or a subdivision, wherever situated,
without first complying with this Act.
(20) A registrant's failure to provide to the purchaser
a translation of the Illinois Public Property Report or any
contract, lien, or note as required by this Act.
(21) A registrant's advertising for sale in this State
any parcel in a subdivision, or in any other manner
assisting an owner, subdivider, or developer of a
subdivision who has not complied with this Act to offer
subdivided land within this State.
(22) A registrant's making any material change in the
plan of disposition and development of the subdivision or
subdivided lands subsequent to receiving a certificate of
registration, without obtaining written approval of an
amendment to the registration.
(23) A registrant's encumbering a lot or parcel, or
allowing a lot or parcel to be encumbered, after a contract
for its sale has been signed by the parties to the
contract.
(b) (Blank). A civil penalty imposed under subsection (a)
shall be paid within 60 days after the effective date of the
order imposing the civil penalty. The order shall constitute a
judgment and may be filed and execution had thereon in the same
manner as any judgment from any court of record.
(c) Violation of tax Acts. The Department may refuse to
issue or renew or may suspend the registration of any person

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who fails to file a return, pay the tax, penalty, or interest
shown in a filed return, or pay any final assessment of tax,
penalty, or interest, as required by any tax Act administered
by the Department of Revenue, until such time as the
requirements of that tax Act are satisfied in accordance with
subsection (g) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-7 new)
Sec. 15-7. Civil penalties.
(a) In addition to any other penalty provided by law, any
person who violates this Act shall forfeit and pay a civil
penalty to the Department in an amount not to exceed $25,000
for each violation as determined by the Department. The civil
penalty shall be assessed by the Department in accordance with
the provisions of this Act.
(b) The Department has the authority and power to
investigate any and all unregistered activity.
(c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(d) All moneys collected under this Section shall be
deposited into the Real Estate License Administration Fund.

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(765 ILCS 86/15-10)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-10. Investigation. The Department Office of Banks
and Real Estate may investigate the actions or qualifications
of any person or persons holding or claiming to hold a
certificate of registration under this Act. Such a person is
referred to as "the respondent" in this Article.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-15)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-15. Disciplinary hearings; record; appointment of
administrative law judge.
(a) The Department Office of Banks and Real Estate has the
authority to conduct hearings before an administrative law
judge on proceedings to revoke, suspend, or refuse to issue or
renew a certificate of registration issued under this Act, or
to place on probation or administrative supervision or
reprimand a registrant registered under this Act, or to impose
a civil penalty not to exceed $25,000 upon any registrant
registered under this Act.
(b) The Department Office of Banks and Real Estate, at its
expense, shall preserve a record of all proceedings at the
formal hearing of any case involving the refusal to issue or
the revocation or suspension of a certificate of registration

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issued under this Act or involving other discipline of a
registrant registered under this Act. The notice of hearing,
complaint, and all other documents in the nature of pleadings
and written motions filed in the proceedings, the transcript of
testimony, the report of the administrative law judge, and the
orders of the Department Office of Banks and Real Estate shall
be the record of proceeding. At all hearings or prehearing
conferences, the Department Office of Banks and Real Estate and
the respondent shall be entitled to have a court reporter in
attendance for purposes of transcribing the proceeding or
prehearing conference.
(c) The Secretary Commissioner has the authority to appoint
any attorney duly licensed to practice law in the State of
Illinois to serve as an administrative law judge in any action
for refusal to issue or renew a certificate of registration or
to discipline a registrant or person holding a certificate of
registration. The administrative law judge has full authority
to conduct the hearing. The administrative law judge shall
report his or her findings and recommendations to the Secretary
Commissioner. If the Secretary Commissioner disagrees with the
recommendation of the administrative law judge, the Secretary
Commissioner may issue an order in contravention of the
recommendation.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-20)

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(Section scheduled to be repealed on January 1, 2010)
Sec. 15-20. Investigations; notice and hearing. Notice of
proposed disciplinary action; hearing. The Department may
investigate the actions of any applicant or of any person or
persons rendering or offering to render land sales services or
any person holding or claiming to hold a certificate of
registration as a registered land sales developer or
subdivision. The Department shall, before revoking,
suspending, placing on probation, reprimanding, or taking any
other disciplinary action under Section 80 of this Act, at
least 30 days before the date set for the hearing: (i) notify
the accused in writing of the charges made and the time and
place for the hearing on the charges, (ii) direct him or her to
file a written answer to the charges with the Department under
oath within 20 days after the service on him or her of the
notice, and (iii) inform the accused that, if he or she fails
to answer, default will be taken against him or her or that his
or her registration may be suspended, revoked, placed on
probationary status, or other disciplinary action taken with
regard to the registration, including limiting the scope,
nature, or extent of his or her practice, as the Department may
consider proper. At the time and place fixed in the notice, the
Department shall proceed to hear the charges and the parties or
their counsel shall be accorded ample opportunity to present
any pertinent statements, testimony, evidence, and arguments.
The Department may continue the hearing from time to time. In

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case the person, after receiving the notice, fails to file an
answer, his or her registration may, in the discretion of the
Department, be suspended, revoked, placed on probationary
status, or the Department may take whatever disciplinary action
considered proper, including limiting the scope, nature, or
extent of the person's practice or the imposition of a fine,
without a hearing, if the act or acts charged constitute
sufficient grounds for that action under this Act. The written
notice may be served by personal delivery or by certified mail
to the address specified by the accused in his or her last
notification with the Department.
(a) Before taking any disciplinary action with regard to
any registrant, the Office of Banks and Real Estate shall:
(1) notify the respondent in writing, at least 30
calendar days prior to the date set for the hearing, of any
charges made, the time and place for the hearing of the
charges, and that testimony at the hearing will be heard
under oath; and
(2) inform the respondent that upon failure to file an
answer and request a hearing before the date originally set
for the hearing, default will be taken against the
respondent and the respondent's certificate of
registration may be suspended or revoked, or other
disciplinary action may be taken against the respondent, as
the Office of Banks and Real Estate may deem proper.
(b) If the respondent fails to file an answer after

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receiving notice, the respondent's certificate of registration
may, in the discretion of the Office of Banks and Real Estate,
be revoked or suspended, or other disciplinary action may be
taken against the respondent, as deemed proper, without a
hearing, if the act or acts charged constitute sufficient
grounds for that action under this Act.
(c) At the time and place fixed in the notice, the Office
of Banks and Real Estate shall proceed to hearing of the
charges. Both the respondent and the complainant shall be
accorded ample opportunity to present in person, or by counsel,
statements, testimony, evidence, and argument that may be
pertinent to the charges or any defense to the charges.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-25)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-25. Subpoenas; attendance of witnesses; oaths.
(a) The Department Office of Banks and Real Estate has the
power to issue subpoenas ad testificandum and to bring before
it any persons, and to take testimony either orally or by
deposition, or both, with the same fees and mileage and in the
same manner as prescribed in civil cases in the courts of this
State. The Department Office of Banks and Real Estate has the
power to issue subpoenas duces tecum and to bring before it any
documents, papers, files, books, and records, with the same
costs and in the same manner as prescribed in civil cases in

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the courts of this State.
(b) Upon application of the Department Office of Banks and
Real Estate or its designee or of the applicant, registrant, or
person holding a certificate of registration against whom
proceedings under this Act are pending, any circuit court may
enter an order compelling the enforcement of any subpoena
issued by the Department Office of Banks and Real Estate in
connection with any hearing or investigation.
(c) The Secretary Commissioner and the designated
administrative law judge have power to administer oaths to
witnesses at any hearing that the Department Office of Banks
and Real Estate is authorized to conduct under this Act.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-30)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-30. Administrative law judge's findings of fact,
conclusions of law, and recommendations. At the conclusion of
the hearing, the administrative law judge shall present to the
Secretary Commissioner a written report of the administrative
law judge's findings of fact, conclusions of law, and
recommendations regarding discipline or a civil penalty. The
report shall contain a finding of whether or not the respondent
violated this Act or failed to comply with the conditions
required in this Act. The administrative law judge shall
specify the nature of the violation or failure to comply. If

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the Secretary Commissioner disagrees in any regard with the
report of the administrative law judge, the Secretary
Commissioner may issue an order in contravention of the report.
The Commissioner shall provide a written report to the
administrative law judge on any deviation and shall specify
with particularity the reasons for that action in the final
order.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-35)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-35. Rehearing. After any hearing involving
disciplinary action against a registrant, a copy of the
administrative law judge's report shall be served on the
respondent by the Department Office of Banks and Real Estate,
either personally or as provided in this Act for the service of
the notice of hearing. Within 20 calendar days after the
service, the respondent may present to the Department Office of
Banks and Real Estate a motion in writing for a rehearing. The
motion shall specify the particular grounds for rehearing. If
the respondent orders a transcript of the record from the
reporting service and pays for it within the time for filing a
motion for rehearing, the 20 calendar day period within which a
motion for rehearing may be filed shall commence upon the
delivery of the transcript to the respondent.
If no motion for rehearing is filed, then upon the

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expiration of the time specified for filing a motion, or if a
motion for rehearing is denied, then upon denial, the Secretary
Commissioner may enter an order in accordance with the
recommendations of the administrative law judge, except as
otherwise provided in this Article. Whenever the Secretary
Commissioner is not satisfied that substantial justice has been
done in the hearing or in the administrative law judge's
report, the Secretary Commissioner may order a rehearing by the
same or some other duly qualified administrative law judge.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-40)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-40. Disciplinary consent orders. Notwithstanding
any other provisions of this Act concerning the conduct of
hearings and recommendations for disciplinary actions, the
Department Office of Banks and Real Estate has the authority to
negotiate agreements with registrants and applicants resulting
in disciplinary or non-disciplinary consent orders. Any such
consent order may provide for any form of discipline provided
for in the Act. Any such consent order shall provide that it is
not entered into as a result of any coercion by the Department
Office of Banks and Real Estate. The consent order shall be
final upon signature of the Secretary Any such consent order
shall be accepted by signature or rejected by the Commissioner
in a timely manner.

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(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-45)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-45. Order or certified copy. An order or a
certified copy of an order, over the seal of the Department
Office of Banks and Real Estate and purporting to be signed by
the Secretary Commissioner, shall be prima facie proof of the
following:
(1) That the signature is the genuine signature of the
Secretary Commissioner.
(2) That the Secretary Commissioner is duly appointed
and qualified.
(3) That the administrative law judge is duly appointed
and qualified.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-50)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-50. Restoration of certificate of registration.
Upon petition, after the successful completion of the term of
At any time after the suspension or revocation of any
certificate of registration, the Department Office of Banks and
Real Estate may restore the certificate of registration to the
respondent upon the written recommendation of the
administrative law judge, unless after an investigation and a

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hearing the administrative law judge determines that
restoration is not in the public interest.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-55)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-55. Surrender of certificate of registration. Upon
the revocation or suspension of a certificate of registration,
the registrant shall immediately surrender the certificate of
registration to the Department Office of Banks and Real Estate.
If the registrant fails to do so, the Department Office of
Banks and Real Estate has the right to seize the certificate of
registration.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-60)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-60. Administrative Review Law; transcripts;
certifications of record; costs. All final administrative
decisions of the Department Office of Banks and Real Estate
under this Act are subject to judicial review under the
Administrative Review Law and the rules implementing that Law.
The term "administrative decision" is defined as in Section
3-101 of the Code of Civil Procedure. Proceedings for judicial
review shall be commenced in the circuit court of the county in
which the party applying for review resides, but if the party

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is not a resident of this State, the venue shall be in Cook or
Sangamon County.
Pending the court's final decision on administrative
review, the acts, orders, sanctions, and rulings of the
Department Office of Banks and Real Estate regarding any
registration shall remain in full force and effect unless
modified or suspended by court order pending a final judicial
decision.
The Department, at its own expense, shall preserve a record
of all proceedings at the formal hearing of a case involving
the refusal to issue or renew a registration. The notice of
hearing, complaint, and all other documents in the nature of
pleadings and written motions filed in the proceedings, the
transcript of testimony, the report, and orders of the
Department shall be in the record of the proceeding.
The Department shall not be required to certify any record
to the court or file any answer in court or otherwise appear in
any court in a judicial review proceeding unless there is filed
in the court a receipt from the Department acknowledging
payment of the costs of furnishing and certifying the record,
which shall be computed at the rate of 20 cents per page of the
record. Failure on the part of a plaintiff to file a receipt in
court shall be grounds for dismissal of the action.
The Office of Banks and Real Estate shall not be required
to certify any record to the court or file any answer in court
or otherwise appear in any court in a judicial review

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proceeding unless there is filed in the court, with the
complaint, a receipt from the Office of Banks and Real Estate
acknowledging payment of the costs of furnishing and certifying
the record. Failure on the part of the plaintiff to file a
receipt in the court is grounds for dismissal of the action.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-65)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-65. Public interest, safety, or welfare; summary
suspension. The Secretary Commissioner may temporarily suspend
any registration pursuant to this Act, without hearing,
simultaneously with the institution of proceedings for a
hearing provided for in this Section, if the Secretary
Commissioner finds that the evidence indicates that imminent
danger exists to the public interest, safety, or welfare
imperatively requires emergency action. If the Secretary
Commissioner temporarily suspends any registration without a
hearing, a hearing must be held within 30 calendar days after
the suspension. The person whose registration is suspended may
seek a continuance of the hearing, during which the suspension
shall remain in effect. The proceeding shall be concluded
without appreciable delay.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-70)

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(Section scheduled to be repealed on January 1, 2010)
Sec. 15-70. Non-registered practice; civil penalty;
injunction.
(a) Any person who practices, offers to practice, attempts
to practice, or holds himself or herself out to practice as a
registrant under this Act without being registered under this
Act shall, in addition to any other penalty provided by law,
pay a civil penalty to the Department Office of Banks and Real
Estate in an amount not to exceed $25,000 for each offense as
determined by the Department Office of Banks and Real Estate.
The civil penalty shall be assessed by the Department Office of
Banks and Real estate after a hearing is held in accordance
with the provisions set forth in this Act regarding the
provision of a hearing for the discipline of a registration.
(b) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall allow
at least 7 days after the date of the rule to file an answer
satisfactory to the Department. Failure to answer to the
satisfaction of the Department shall cause an order to cease
and desist to be issued The Office of Banks and Real Estate has
the authority and power to investigate any and all activity
subject to registration under this Act.
(c) A civil penalty imposed under subsection (a) shall be

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paid within 60 days after the effective date of the order
imposing the civil penalty. The order shall constitute a
judgment and may be filed and execution had thereon in the same
manner as any judgment from any court of record.
(d) Engaging in the sale of land located outside the State
of Illinois but offered for sale in Illinois by any entity not
holding a valid and current registration under this Act is
declared to be inimical to the public welfare, to constitute a
public nuisance, and to cause irreparable harm to the public
welfare. The Secretary Commissioner, the Attorney General, the
State's Attorney of any county in the State, or any person may
maintain an action in the name of the People of the State of
Illinois, and may apply for injunctive relief in any circuit
court to enjoin the entity from engaging in the conduct
prohibited under this subsection. Upon the filing of a verified
petition in the court, the court, if satisfied by affidavit or
otherwise that the entity has been engaged in that conduct
without a valid and current registration, may enter a temporary
restraining order without notice or bond, enjoining the
defendant from such further conduct. Only the showing of
nonregistration, by affidavit or otherwise, is necessary in
order for a temporary injunction to issue. A copy of the
verified complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil
cases except as modified by this Section. If it is established
that the defendant has been or is engaged in such unlawful

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conduct, the court may enter an order or judgment perpetually
enjoining the defendant from further unlawful conduct. In all
proceedings hereunder, the court, in its discretion, may
apportion the costs among the parties interested in the action,
including cost of filing the complaint, service of process,
witness fees and expenses, court reporter charges and
reasonable attorneys' fees. In the case of a violation of any
injunctive order entered under the provisions of this Section,
the court may summarily try and punish the offender for
contempt of court. Proceedings for an injunction under this
Section shall be in addition to, and not in lieu of, all
penalties and other remedies provided in this Act.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/15-75)
(Section scheduled to be repealed on January 1, 2010)
Sec. 15-75. Cease and desist orders. The Department Office
of Banks and Real Estate may issue a cease and desist order to
any person who engages in any activity prohibited by this Act.
Any person in violation of a cease and desist order entered by
the Department Office of Banks and Real Estate is subject to
all of the remedies provided by law.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/20-5)
(Section scheduled to be repealed on January 1, 2010)

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Sec. 20-5. Administration of Act. The Department Office of
Banks and Real Estate shall exercise the powers and duties
prescribed by the Civil Administrative Code of Illinois and
shall exercise other powers and duties necessary for
effectuating the purposes of this Act. The Department Office of
Banks and Real Estate may contract with third parties for
services necessary for the proper administration of this Act.
The Department Office of Banks and Real Estate has the
authority to establish public policies and procedures
necessary for the administration of this Act.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/20-10)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20-10. Administrative rules. The Department Office of
Banks and Real Estate shall adopt rules for the implementation
and enforcement of this Act.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/20-15)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20-15. Investigation of subdivisions. The Department
may Office of Banks and Real Estate shall investigate any every
subdivision offered for sale in this State and may:
(1) Require the applicant to submit reports prepared by
competent engineers concerning any hazard to which any

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subdivision offered for sale is subject in the opinion of
the Department Office of Banks and Real Estate, or any
factor that affects the utility of lots or parcels within
the subdivision, and require evidence of compliance.
(2) Make an on-site inspection of each subdivision. In
connection with any on-site inspection, the owner,
subdivider, or agent shall defray all expenses incurred by
the inspector in the course of the inspection.
(3) Make additional on-site inspections of each
subdivision for which the owner, subdivider, or agent shall
defray all expenses incurred by the inspector in the course
of the inspection.
(4) Require the owner, subdivider, or agent to deposit
the expenses to be incurred in any inspection, in advance,
based upon an estimate by the Department Office of Banks
and Real Estate of the expenses likely to be incurred.
(5) In those cases where an on-site inspection of any
subdivision has been made under the provisions of this Act,
waive an inspection of a subsequent registration submitted
as an amendment to the registration covering subdivided
land to be sold under the same common promotional plan. An
inspection of the subsequent registration may be made in
connection with the next succeeding on-site inspection.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/20-20)

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(Section scheduled to be repealed on January 1, 2010)
Sec. 20-20. Forms. The Department Office of Banks and Real
Estate may prescribe forms and procedures for submitting to the
Department Office of Banks and Real Estate.
(Source: P.A. 91-338, eff. 12-30-99.)
(765 ILCS 86/20-25)
(Section scheduled to be repealed on January 1, 2010)
Sec. 20-25. Real Estate License Administration Fund. All
fees collected for registration and for civil penalties
pursuant to this Act and administrative rules adopted under
this Act shall be deposited into the Real Estate Administration
Fund. The moneys deposited in the Real Estate Administration
License Fund shall be appropriated to the Department Office of
Banks and Real Estate for expenses for the administration and
enforcement of this Act.
(Source: P.A. 91-338, eff. 12-30-99.)
Section 99. Effective date. This Act takes effect upon