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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| AN ACT concerning government.
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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 Regulatory Sunset Act is amended by changing |
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| Section 4.20 and by adding Section 4.30 as follows:
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| (5 ILCS 80/4.20)
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| Sec. 4.20. Acts repealed on January 1, 2010 and December |
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| 31, 2010.
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| (a) The following Acts are repealed on January 1, 2010:
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| The Auction License Act.
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| The Illinois Architecture Practice Act of 1989.
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| The Illinois Landscape Architecture Act of 1989.
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| The Illinois Professional Land Surveyor Act of 1989.
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| The Land Sales Registration Act of 1999.
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| The Orthotics, Prosthetics, and Pedorthics Practice |
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| Act.
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| The Perfusionist Practice Act.
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| The Professional Engineering Practice Act of 1989.
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| The Real Estate License Act of 2000.
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| The Structural Engineering Practice Act of 1989.
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| (b) The following Act is repealed on December 31, 2010: |
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| The Medical Practice Act of 1987. |
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| (Source: P.A. 95-1018, eff. 12-18-08.)
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| (5 ILCS 80/4.30 new)
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| Sec. 4.30. Act repealed on January 1, 2020. The following |
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| Act is repealed on January 1, 2020: |
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| The Land Sales Registration Act of 1999.
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| Section 10. The Land Sales Registration Act of 1999 is |
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| amended by changing Sections 1-10, 1-15, 5-5, 5-10, 5-15, 5-20, |
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| 5-25, 10-15, 10-20, 10-30, 15-5, 15-10, 15-15, 15-20, 15-25, |
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| 15-30, 15-35, 15-40, 15-45, 15-50, 15-55, 15-60, 15-65, 15-70, |
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| 15-75, 20-5, 20-10, 20-15, 20-20, and 20-25 and by adding |
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| Sections 5-23 and 15-7 as follows:
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| (765 ILCS 86/1-10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 1-10. Definitions. In this Act, unless the context |
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| otherwise
requires:
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| "Blanket encumbrance" means a trust deed, mortgage, |
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| mechanics lien, or any
other lien or financial encumbrance |
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| securing or evidencing money debt and
affecting land to be |
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| subdivided or affecting more than one lot or parcel of
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| subdivided land; or an agreement affecting more than one such |
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| lot or parcel by
which the subdivider holds the subdivision |
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| under an option, contract to
purchase,
or trust agreement. |
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| Taxes and assessments levied by public authority are not an
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| encumbrance under this Act.
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| "Commissioner" means the Commissioner of Banks and Real
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| Estate or a natural person authorized by the Commissioner, the |
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| Office of Banks
and Real Estate Act, or this Act to act in the |
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| Commissioner's stead.
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| "Common promotional plan" means a plan, undertaken by a |
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| single developer or a
group of developers acting in concert, to |
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| offer lots for sale or lease. Where
land is offered for sale by |
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| a developer or group of developers acting in
concert and the |
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| land is contiguous or is known, designated, or advertised
as a |
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| common unit or by a common name, the land is presumed, without |
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| regard to
the number of lots covered by each individual |
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| offering, to be offered for sale
or lease as part of a common |
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| promotional plan.
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| "Department" means the Illinois Department of Financial |
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| and Professional Regulation. |
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| "Offer" includes every inducement, solicitation, or |
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| attempt to encourage a
person to acquire an interest in a |
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| subdivision or subdivided land, if
undertaken for
gain or |
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| profit.
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| "Person" means an individual, corporation, government or |
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| governmental
subdivision or agency, business trust, estate, |
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| trust, partnership,
unincorporated
association, 2 or more of |
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| any of the foregoing having a joint or common
interest,
or any |
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| other legal or commercial entity.
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| "Sale" includes a sale, lease, assignment, or award by |
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| lottery, or any offer
or
solicitation of an offer to do any of |
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LRB096 06382 JAM 16466 b |
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| the foregoing, concerning a subdivision
or
any
part of a |
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| subdivision, if undertaken for gain or profit.
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| "Secretary" means the Secretary of Financial and |
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| Professional Regulation. |
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| "Subdivided land" and "subdivision" mean improved or |
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| unimproved lands
located outside the State of Illinois, divided |
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| or proposed to be divided into
25 or
more lots or parcels, and |
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| also include any land, whether contiguous or not, if
25 or
more |
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| lots, parcels, units or interests are offered as a part of a |
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| common
promotional
plan of advertising and sale.
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| (Source: P.A. 91-338, eff. 12-30-99.)
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| (765 ILCS 86/1-15)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 1-15. Powers and duties of the Department Office of |
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| Banks and Real Estate .
The Department
Office of Banks and Real |
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| Estate shall exercise the powers and duties
established
by this |
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| Act. The Secretary Commissioner may adopt rules consistent with |
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| the provisions
of this Act for its administration and |
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| enforcement and may prescribe forms that
shall
be issued in |
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| connection with this Act. The Department Office of Banks and |
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| Real Estate
shall
issue a certificate of registration to any |
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| person who meets the qualifications
set
forth in this Act.
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| (Source: P.A. 91-338, eff. 12-30-99.)
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| (765 ILCS 86/5-5)
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LRB096 06382 JAM 16466 b |
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-5. Registration requirement; exemptions. It is |
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| unlawful for
any
person to engage in the business of selling |
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| land that is located outside the
State of
Illinois to any |
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| individual located in Illinois without a certificate of
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| registration
issued by the Department Office of Banks and Real |
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| Estate pursuant to this Act. Unless the
method of sale is |
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| adopted for the purpose of evasion of this Act, the
provisions |
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| of
this Act do not apply to an offer or disposition of an |
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| interest in land:
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| (1) by a purchaser of subdivided lands for the |
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| purchaser's own account in
a
single or isolated |
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| transaction;
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| (2) if fewer than 25 separate lots, parcels, units or |
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| interests in
subdivided
lands
are offered by a person;
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| (3) on which there is a commercial or industrial |
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| building, shopping
center,
house, apartment house, |
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| condominium structure, or town house, or as to which
there |
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| is a legal obligation on the part of the seller to |
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| construct such a
building
within 2 years from the date of |
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| disposition;
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| (4) that is sold for industrial, commercial, or |
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| institutional purposes;
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| (5) that consists of cemetery lots or interests;
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| (6) that consists of a subdivision as to which the plan |
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| 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, |
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| unconditionally, or of 10 or
more
acres if there is free |
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| and ready access leading to county-maintained roads.
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| (Source: P.A. 91-338, eff. 12-30-99.)
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| (765 ILCS 86/5-10)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-10. Application for registration.
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| (a) Before subdivided lands are offered for sale, the |
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| subdivider or the
subdivider's agent shall file with the |
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| Department Office of Banks and Real Estate an
application on |
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| forms supplied by the Department Office of Banks and Real |
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| Estate . A
registration fee shall accompany the application. The |
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| application shall
contain all
of the following information:
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| (1) The name and address of the fee title owner of the |
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| subdivided lands.
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| (2) The name and address of the subdivider.
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| (3) The name and address of an agent of the subdivider |
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| in Illinois
authorized
to accept service of process on |
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| behalf of the subdivider.
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| (4) The legal description and acreage of the lands, |
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| together with a map
showing the layout as recorded or |
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| proposed and the relation of the lands to
existing streets |
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| or roads, waterways, schools, churches, shopping centers, |
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| and
local bus and rail transportation, with a statement of |
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| distances to each.
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LRB096 06382 JAM 16466 b |
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| (5) A true statement as to title to the subdivided |
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| land, including all
financial
encumbrances and unpaid |
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| taxes thereon.
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| (6) If subject property is in a land trust, a true |
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| statement of the names
and
addresses of all parties with a |
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| beneficial interest in the trust.
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| (7) A true statement of the terms and conditions by |
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| which it is intended
the
subdivided land will be sold, |
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| together with copies of any and all forms of
contract
or |
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| conveyance intended to be used. If a language other than |
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| English was used
in
advertising the property or during the |
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| sales presentation, translations,
in that
language, of the |
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| Illinois Public Property Report, any contract or lien, and |
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| any
note
shall be provided to the purchaser before the |
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| purchaser executes the contract.
A
receipt for these |
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| translations shall be obtained and a copy of the receipt
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| shall be
kept available in this State and subject to |
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| inspection by the Department Office of Banks
and
Real |
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| Estate for 3 years from the date of the receipt.
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| (8) A true statement of provision for sewage disposal |
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| and public
utilities,
if
any, in the proposed or existing |
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| subdivision, including water, electricity,
gas, and
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| telephone facilities.
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| (9) A correct reference to applicable zoning |
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| ordinances and regulations.
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| (10) Certified financial statements of the subdivider.
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LRB096 06382 JAM 16466 b |
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| (11) A proposed public property report, suitable for |
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| distribution to any
proposed purchaser if a certificate of |
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| registration is issued, which shall
contain the
following |
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| information:
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| (A) the name and principal address of the |
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| subdivider;
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| (B) a general description of the subdivided lands, |
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| stating the total
number
of lots, parcels, units, or |
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| interests in the offering;
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| (C) the significant terms of any encumbrances, |
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| easements, liens, and
restrictions, including zoning |
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| and other regulations affecting the subdivided
lands
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| and each lot or unit, and a statement of all existing |
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| taxes and existing or
proposed
special taxes or |
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| assessments that affect the subdivided lands;
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| (D) a statement of the use for which the property |
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| is offered;
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| (E) information concerning improvements, including |
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| streets, water
supply,
levees, drainage control |
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| systems, irrigation systems, sewage disposal
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| facilities,
and customary utilities, and the estimated |
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| costs, date of completion, and
responsibility for |
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| construction and maintenance of existing and proposed
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| improvements that are referred to in connection with |
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| the offering or
disposition of
any interest in |
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| subdivided lands;
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| (F) a statement that certified financial |
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| statements are available upon
request; and
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| (G) such additional information consistent with |
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| this Act which may be
required by the Department Office |
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| of Banks and Real Estate to assure full and fair
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| disclosure
to prospective purchasers.
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| (b) The subdivider shall report all material changes with |
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| respect to
subdivided
lands registered for sale under this Act, |
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| and the Department Office of Banks and Real
Estate
may require |
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| that the public property report be amended to reflect such |
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| material
change. In the event the subdivider wishes to update |
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| the public property
report,
the subdivider may do so upon |
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| proper application to the Department Office of Banks and
Real
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| Estate .
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| (c) If the subdivider registers additional subdivided |
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| lands to be offered
for
sale,
the subdivider may consolidate |
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| the subsequent registration with any earlier
registration |
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| offering subdivided lands for sale under the same promotional
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| plan,
and the public property report shall be amended to |
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| include the additional
subdivided lands so registered.
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| (d) The Department Office of Banks and Real Estate shall, |
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| at the time the application
is
submitted or from time to time |
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| thereafter, require the subdivider to furnish
financial |
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| assurances, in the form of a performance bond, a surety bond, |
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| or an
irrevocable letter of credit in the amount and subject to |
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| terms and
requirements
approved by the Department Office of |
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| Banks and Real Estate , for the purpose of protecting
purchasers |
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| of lots in the subdivision to ensure that the improvements will |
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| be
constructed and maintained in the manner represented by the |
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| subdivider. The
Department Office of Banks and Real Estate may |
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| accept evidence that such assurances have
been furnished to a |
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| foreign state, or a county or municipality within such
state, |
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| in
fulfillment of this requirement.
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| (Source: P.A. 91-338, eff. 12-30-99.)
|
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| (765 ILCS 86/5-15)
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| (Section scheduled to be repealed on January 1, 2010)
|
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| Sec. 5-15. Issuance Notice of filing; issuance of |
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| certificate; exemption; renewal.
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| (a) The Department Upon receipt of the application for |
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| registration in proper form, the Office
of Banks and Real |
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| Estate shall issue a notice of filing to the applicant.
Within |
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| 60
days from the date of the notice of filing, the Office of |
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| Banks and Real Estate
shall
enter an order registering the |
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| subdivided lands or rejecting the registration .
If no
order of |
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| rejection is entered within 60 days from the date of receipt |
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| notice of filing,
the
land shall be deemed registered unless |
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| the applicant has consented in writing
to a
delay.
|
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| (b) If the Department Office of Banks and Real Estate |
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| affirmatively determines, upon
inquiry and examination, that |
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| the requirements of this Act have been met, it
shall
issue a |
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| certificate of registration registering the subdivided lands |
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| and shall
approve
the form of the public property report.
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| (b-5) If the Department affirmatively determines, upon |
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| inquiry and examination, that the exemption requirements of |
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| this Act have been met, it shall issue a written approval. |
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| (c) If the Department Office of Banks and Real Estate |
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| determines, upon inquiry and
examination, that any of the |
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| requirements of this Act have not been met, it
shall
notify the |
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| applicant that the application for registration or exemption |
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| must be corrected
in the
particulars specified within 15 days. |
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| If the requirements are not met within
the
time allowed, the |
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| Department Office of Banks and Real Estate shall enter an order
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| rejecting the
registration or exemption , which shall include |
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| the findings of fact upon which the order is
based.
The order |
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| rejecting the registration shall not become effective for 20 |
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| days,
during
which time the applicant may petition for |
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| reconsideration and shall be entitled
to a
hearing.
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| (d) The Department Office of Banks and Real Estate may |
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| adopt rules authorizing the
subdivider or the subdivider's |
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| agent to file an abbreviated application , as the subdivider's |
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| application
for a
certificate of registration in lieu of some |
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| or all of the requirements of
Section 5-10,
(i) a copy of the |
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| statement of record filed with respect to the subdivision
|
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| pursuant
to the Federal Interstate Land Sales Full Disclosure |
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| Act if the statement
complies
with the requirements of that Act |
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| and the regulations pertinent to that Act or
(ii) an
acceptable |
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| certificate of registration from another jurisdiction in which |
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| the
requirements for registration are substantially the same or |
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| exceed those
provided
in this Act . Notwithstanding the |
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| requirements of Section 5-10, the Department Office of
Banks |
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| and Real Estate may suspend or revoke any registration under |
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| this Section
that includes any registration, property report, |
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| or similar disclosure
documents
accepted under this subsection |
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| if the registration, property report, or similar
disclosure is |
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| suspended or revoked by the registering state or by the federal
|
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| government.
|
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| (e) A certificate of registration issued under this Section |
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| shall expire on
June
30 following the date of issuance. In the |
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| absence of any reason or condition
under
Section 15-5 10-35 |
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| that might warrant the suspension or revocation of a
|
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| registration, a
certificate shall be renewed upon payment of |
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| the required fee and submission of documentation
as provided by |
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| rule. An exemption issued under this Section shall not expire |
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| or renew. The applicant must notify the Department of any |
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| change in the status of the subdivision under which the |
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| exemption was approved.
|
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| (Source: P.A. 91-338, eff. 12-30-99.)
|
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| (765 ILCS 86/5-20)
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| (Section scheduled to be repealed on January 1, 2010)
|
23 |
| Sec. 5-20. Fees.
|
24 |
| (a) The Department Office of Banks and Real Estate shall |
25 |
| provide, by rule, for fees to
be
paid by applicants and |
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| registrants to cover the reasonable costs of the Department |
2 |
| Office
of
Banks and Real Estate in administering and enforcing |
3 |
| the provisions of this
Act.
The Department Office of Banks and |
4 |
| Real Estate may also provide, by rule, for general fees
to
|
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| cover the reasonable expenses of carrying out other functions |
6 |
| and
responsibilities
under this Act.
|
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| (b) All fees collected under this Act shall be paid into |
8 |
| the Real Estate
License
Administration Fund in the State |
9 |
| treasury and appropriated to the Department Office of
Banks
and |
10 |
| Real Estate for administration of this Act or any other Act |
11 |
| administered by
the Department
Office of Banks and Real Estate |
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| and providing revenue to this fund.
|
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| (c) (Blank). Any person who delivers a check or other |
14 |
| payment to the Office of Banks
and Real Estate that is returned |
15 |
| to the Office of Banks and Real Estate unpaid
by
the financial |
16 |
| institution upon which it is drawn shall pay to the Office of
|
17 |
| Banks
and Real Estate, in addition to the amount already owed |
18 |
| to the Office of Banks
and Real Estate, a fee of $50.
|
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| (d) (Blank). The fees imposed by this Section are in |
20 |
| addition to any other
disciplinary
action provided under this |
21 |
| Act for unlicensed practice or practice on a
non-renewed |
22 |
| license.
|
23 |
| (e) (Blank). The Office of Banks and Real Estate shall |
24 |
| notify the person that payment
of
fees and fines shall be paid |
25 |
| to the Office of Banks and Real Estate by
certified
check or |
26 |
| money order within 30 calendar days of the notification. If, |
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| after
the
expiration of 30 days from the date of the |
2 |
| notification, the person has failed
to
submit the necessary |
3 |
| remittance, the Office of Banks and Real Estate shall
|
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| automatically terminate the certificate of registration or |
5 |
| deny the
application,
without hearing. If, after termination or |
6 |
| denial, the person seeks a
certificate of
registration, he or |
7 |
| she shall apply to the Office of Banks and Real Estate for
|
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| restoration or issuance of the certificate of registration and |
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| pay all fees due
the
Office of Banks and Real Estate. The |
10 |
| Commissioner may waive the fees due
under this Section in |
11 |
| individual cases where the Commissioner finds that the
fees
|
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| would be unreasonable or unnecessarily burdensome.
|
13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
14 |
| (765 ILCS 86/5-23 new) |
15 |
| Sec. 5-23. Returned checks; fines. Any person who delivers |
16 |
| a check or other payment to the Department that is returned to |
17 |
| the Department unpaid by the financial institution upon which |
18 |
| it is drawn shall pay to the Department, in addition to the |
19 |
| amount already owed to the Department, a fine of $50. The fines |
20 |
| imposed by this Section are in addition to any other discipline |
21 |
| provided under this Act for unregistered practice or practice |
22 |
| on a nonrenewed registration. The Department shall notify the |
23 |
| person that payment of fees and fines shall be paid to the |
24 |
| Department by certified check or money order within 30 calendar |
25 |
| days of the notification. If, after the expiration of 30 days |
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SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
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| from the date of the notification, the person has failed to |
2 |
| submit the necessary remittance, the Department shall |
3 |
| automatically terminate the registration or deny the |
4 |
| application, without hearing. If, after termination or denial, |
5 |
| the person seeks a registration, he or she shall apply to the |
6 |
| Department for restoration or issuance of the registration and |
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| pay all fees and fines due to the Department. The Department |
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| may establish a fee for the processing of an application for |
9 |
| restoration of a registration to pay all expenses of processing |
10 |
| this application. The Secretary may waive the fines due under |
11 |
| this Section in individual cases where the Secretary finds that |
12 |
| the fines would be unreasonable or unnecessarily burdensome.
|
13 |
| (765 ILCS 86/5-25)
|
14 |
| (Section scheduled to be repealed on January 1, 2010)
|
15 |
| Sec. 5-25. Public property report. When a certificate of |
16 |
| registration
is
granted by the Department Office of Banks and |
17 |
| Real Estate , a copy of the public property
report shall be |
18 |
| given by the owner, subdivider, or agent to each prospective
|
19 |
| purchaser prior to the execution of any binding contract or |
20 |
| agreement for the
sale
of any lot or parcel in a subdivision. A |
21 |
| receipt, in duplicate, shall be taken
from
each purchaser to |
22 |
| evidence compliance with this Section. Receipts taken for
any
|
23 |
| published report shall be kept on file in possession of the |
24 |
| owner, subdivider,
or
agent, subject to inspection by the |
25 |
| Department Office of Banks and Real Estate for 3 years
from the |
|
|
|
SB0332 Enrolled |
- 16 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| date the receipt is taken. The report shall not be used for
|
2 |
| advertising
purposes unless the report is used in its entirety. |
3 |
| No portion of the report
shall be
underscored, italicized, or |
4 |
| printed in larger or heavier type than any other
portion
of the |
5 |
| report, unless required by this Act. The report shall contain |
6 |
| the
following
statement:
|
7 |
| If you received this report prior to signing a contract |
8 |
| or agreement, you
may
cancel your contract or agreement by |
9 |
| giving notice to the seller any time
before
midnight of the |
10 |
| seventh day following the signing of the contract or |
11 |
| agreement.
|
12 |
| If you did not receive this report before you signed a |
13 |
| contract or
agreement,
you may cancel the contract or |
14 |
| agreement any time within 2 years from the date
of
signing.
|
15 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
16 |
| (765 ILCS 86/10-15)
|
17 |
| (Section scheduled to be repealed on January 1, 2010)
|
18 |
| Sec. 10-15. Copies of instruments. A copy of the |
19 |
| instruments executed
in
connection with the sale of parcels |
20 |
| within a subdivision shall be kept
available in
this State and |
21 |
| subject to inspection by the Department Office of Banks and |
22 |
| Real Estate .
The Department
Office of Banks and Real Estate |
23 |
| shall be notified of any change of address
affecting the |
24 |
| location of the owner's, subdivider's, or agent's records, or |
25 |
| of
any
change in the depository for purchasers' payments under |
|
|
|
SB0332 Enrolled |
- 17 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| this Act.
|
2 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
3 |
| (765 ILCS 86/10-20)
|
4 |
| (Section scheduled to be repealed on January 1, 2010)
|
5 |
| Sec. 10-20. Sale of encumbered lots prohibited; |
6 |
| exceptions. It is
unlawful
for the owner or subdivider to sell |
7 |
| lots or parcels within a subdivision
subject to a
blanket |
8 |
| encumbrance unless one of the following conditions is met:
|
9 |
| (1) All sums paid or advanced by a purchaser are placed |
10 |
| in an escrow or
other
depository account acceptable to the |
11 |
| Department Office of Banks and Real Estate until (i)
the
|
12 |
| fee title contracted for is delivered to the purchaser by |
13 |
| deed together with
complete release from all financial |
14 |
| encumbrances; (ii) the owner, subdivider,
or
purchaser |
15 |
| defaults and fails to perform under the contract of sale |
16 |
| and there is
final
determination as to the disposition of |
17 |
| such moneys; or (iii) the funds in the
escrow
or other |
18 |
| account are voluntarily returned to the contract |
19 |
| purchaser.
|
20 |
| (2) The fee title to the subdivision is placed in trust |
21 |
| under an agreement
or
trust acceptable to the Department |
22 |
| Office of Banks and Real Estate until a proper release
from
|
23 |
| each blanket encumbrance, including all taxes, is obtained |
24 |
| and title is
delivered to
the purchaser.
|
25 |
| (3) A bond to the State of Illinois is furnished to the |
|
|
|
SB0332 Enrolled |
- 18 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| Department Office of Banks
and Real
Estate for the benefit |
2 |
| and protection of purchasers of such lots or parcels, in
|
3 |
| the
amount and subject to terms approved by the Department |
4 |
| Office of Banks and Real Estate .
The bond shall be executed |
5 |
| by a surety company that is authorized to do
business
in |
6 |
| the State of Illinois and has given consent to be sued in |
7 |
| this State. The
bond
shall provide for the return of moneys |
8 |
| paid or advanced by a purchaser if (i)
the
title contracted |
9 |
| for is not delivered and (ii) a full release from each |
10 |
| blanket
encumbrance is not obtained. If it is determined |
11 |
| that the purchaser, by reason
of
default or otherwise, is |
12 |
| not entitled to the return of those moneys, or any
portion |
13 |
| of
those moneys, then the bond is released by the amount of |
14 |
| moneys to which the
purchaser of parcel is not entitled.
|
15 |
| (4) The blanket encumbrance contains provisions |
16 |
| evidencing the
subordination
of the lien of the holder of |
17 |
| the blanket encumbrance to the rights of those
persons
|
18 |
| purchasing from the subdivider, and further evidencing |
19 |
| that the subdivider is
able
to secure releases from such
|
20 |
| blanket encumbrances with respect to the property.
|
21 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
22 |
| (765 ILCS 86/10-30)
|
23 |
| (Section scheduled to be repealed on January 1, 2010)
|
24 |
| Sec. 10-30.
Failure to pay registration , and inspection , or |
25 |
| renewal fees; civil
penalty.
Any owner, subdivider, or agent |
|
|
|
SB0332 Enrolled |
- 19 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| who fails to pay the registration, inspection,
or
renewal fees |
2 |
| when due shall be assessed a late fee or civil penalty of $100 |
3 |
| per day for
each day past the due date that the fee is not paid . |
4 |
| Practice by
a
registrant while in a non-renewed status |
5 |
| constitutes unregistered practice.
Any
penalties collected |
6 |
| under this Act shall be deposited into the Real Estate
License
|
7 |
| Administration Fund.
|
8 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
9 |
| (765 ILCS 86/15-5)
|
10 |
| (Section scheduled to be repealed on January 1, 2010)
|
11 |
| Sec. 15-5. Disciplinary action; civil penalty.
|
12 |
| (a) The Department may refuse to issue or renew, or may |
13 |
| revoke, suspend, place on probation, reprimand, or take other |
14 |
| disciplinary or non-disciplinary action as the Department may |
15 |
| deem appropriate, including imposing fines not to exceed |
16 |
| $25,000 for each violation, with regard to any registration for |
17 |
| any one or combination of the following: Office
of
Banks and |
18 |
| Real Estate may refuse to issue or renew any certificate of
|
19 |
| registration, or revoke or suspend
any
certificate of |
20 |
| registration, or place on probation or administrative
|
21 |
| supervision or reprimand a registrant registered under this |
22 |
| Act, or impose a
civil penalty not to exceed $25,000, for any |
23 |
| one or
any
combination of the following causes:
|
24 |
| (1) Violations of this Act, or of the rules promulgated |
25 |
| under this Act. A registrant's disregard or violation of |
|
|
|
SB0332 Enrolled |
- 20 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| any provision of this Act or
of
the
rules adopted by the |
2 |
| Office of Banks and Real Estate to enforce this Act.
|
3 |
| (2) (Blank). A conviction of the registrant or any |
4 |
| principal of the registrant of
(i) a
felony under the laws |
5 |
| of any U.S. jurisdiction, (ii) a misdemeanor under the
laws
|
6 |
| of any U.S. jurisdiction if an essential element of the |
7 |
| offense is dishonesty,
or (iii)
a crime under the laws of |
8 |
| any U.S. jurisdiction if the crime relates directly
to the
|
9 |
| practice of the profession regulated by this Act.
|
10 |
| (3) A registrant's making any misrepresentation for |
11 |
| the purpose of
obtaining an exemption or certificate of |
12 |
| registration a
registration or certificate .
|
13 |
| (4) Disciplinary action against a registrant by |
14 |
| another U.S. jurisdiction,
state agency,
or
foreign nation |
15 |
| regarding the making of land sales regulated by this Act,
|
16 |
| if at
least one of the grounds for the discipline is the |
17 |
| same as or substantially
equivalent to one of those set |
18 |
| forth in this Act.
|
19 |
| (5) A finding by the Department Office of Banks and |
20 |
| Real Estate that the registrant,
after
having his or her |
21 |
| registration placed on probationary status, has violated |
22 |
| the
terms
of probation.
|
23 |
| (6) A registrant's practicing or attempting to |
24 |
| practice under a name other
than the name as shown on his |
25 |
| or her registration or any other legally
authorized
name.
|
26 |
| (7) (Blank). A registrant's failure to file a return, |
|
|
|
SB0332 Enrolled |
- 21 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| or to pay the tax, penalty,
or
interest
shown in a filed |
2 |
| return, or to pay any final assessment of tax, penalty, or
|
3 |
| interest,
as required by any tax Act administered by the |
4 |
| Illinois Department of Revenue,
until the requirements of |
5 |
| any such tax Act are satisfied.
|
6 |
| (8) A registrant's engaging in dishonorable, |
7 |
| unethical, or unprofessional
conduct of a character likely |
8 |
| to deceive, defraud, or harm the public.
|
9 |
| (9) A registrant's aiding or abetting another person or |
10 |
| persons in
disregarding
or violating any provision of this |
11 |
| Act or of the rules adopted by the Department Office of
|
12 |
| Banks and Real Estate to enforce this Act.
|
13 |
| (10) Any representation in any document or information |
14 |
| filed with the Department
Office
of Banks and Real Estate |
15 |
| which is false or misleading.
|
16 |
| (11) A registrant's disseminating or causing to be |
17 |
| disseminated any false
or
misleading promotional materials |
18 |
| or advertisements in connection with a
registered |
19 |
| subdivision.
|
20 |
| (12) A registrant's concealing, diverting, or |
21 |
| disposing of any funds or
assets
of
any person in a manner |
22 |
| that impairs the rights of purchasers of lots within a
|
23 |
| registered subdivision.
|
24 |
| (13) A registrant's failure to perform any stipulation |
25 |
| or agreement made
to
induce the Department Office of Banks |
26 |
| and Real Estate to issue an order relating to the
|
|
|
|
SB0332 Enrolled |
- 22 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| registered subdivision.
|
2 |
| (14) A registrant's engaging in any act that |
3 |
| constitutes a violation of
Section
3-102, 3-103, 3-104, or |
4 |
| 3-105 of the Illinois Human Rights Act.
|
5 |
| (15) A registrant's failure to provide information |
6 |
| requested in writing by
the
Department Office of Banks and |
7 |
| Real Estate , within 30 days of the request , either as the
|
8 |
| result
of a formal or informal complaint to the Office of |
9 |
| Banks and Real Estate or as
a result of a random audit |
10 |
| conducted by the Office of Banks and Real Estate,
which |
11 |
| would indicate a violation of this Act .
|
12 |
| (16) A registrant's failure to account for or remit any |
13 |
| escrow funds
coming
into his or her possession which |
14 |
| belonged to others.
|
15 |
| (17) A registrant's failure to make available to |
16 |
| Department Office of Banks and Real
Estate
personnel during |
17 |
| normal business hours all escrow records and related |
18 |
| documents
maintained in connection therewith, within 24 |
19 |
| hours of a request from Department Office of
Banks and Real |
20 |
| Estate personnel.
|
21 |
| (18) A registrant's failure to comply with any |
22 |
| provision of this Act or
the rules
implementing this Act, |
23 |
| or any order made by the Department Office of Banks and |
24 |
| Real
Estate .
|
25 |
| (19) A person's offering for sale, as an agent, |
26 |
| salesman, or broker for a
subdivider, developer, or owner, |
|
|
|
SB0332 Enrolled |
- 23 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| subdivided lands or a subdivision, wherever
situated, |
2 |
| without first complying with this Act.
|
3 |
| (20) A registrant's failure to provide to the purchaser |
4 |
| a translation of
the Illinois
Public Property Report or any |
5 |
| contract, lien, or note as required by this Act.
|
6 |
| (21) A registrant's advertising for sale in this State |
7 |
| any parcel in a
subdivision,
or in any other manner |
8 |
| assisting an owner, subdivider, or developer of a
|
9 |
| subdivision who has not complied with this Act to offer |
10 |
| subdivided land within
this State.
|
11 |
| (22) A registrant's making any material change in the |
12 |
| plan of disposition
and
development of the subdivision or |
13 |
| subdivided lands subsequent to receiving a
certificate of |
14 |
| registration, without obtaining written approval of an |
15 |
| amendment
to the registration.
|
16 |
| (23) A registrant's encumbering a lot or parcel, or |
17 |
| allowing a lot or
parcel to be
encumbered, after a contract |
18 |
| for its sale has been signed by the parties to the
|
19 |
| contract.
|
20 |
| (b) (Blank). A civil penalty imposed under subsection (a) |
21 |
| shall be paid within 60
days after the effective date
of the |
22 |
| order imposing the civil penalty. The order shall constitute a |
23 |
| judgment
and may be filed and execution had thereon in the same |
24 |
| manner as any judgment
from any court of record.
|
25 |
| (c) Violation of tax Acts. The Department may refuse to |
26 |
| issue or renew or may suspend the registration of any person |
|
|
|
SB0332 Enrolled |
- 24 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| who fails to file a return, pay the tax, penalty, or interest |
2 |
| shown in a filed return, or pay any final assessment of tax, |
3 |
| penalty, or interest, as required by any tax Act administered |
4 |
| by the Department of Revenue, until such time as the |
5 |
| requirements of that tax Act are satisfied in accordance with |
6 |
| subsection (g) of Section 2105-15 of the Civil Administrative |
7 |
| Code of Illinois. |
8 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
9 |
| (765 ILCS 86/15-7 new)
|
10 |
| Sec. 15-7. Civil penalties. |
11 |
| (a) In addition to any other penalty provided by law, any |
12 |
| person who violates this Act shall forfeit and pay a civil |
13 |
| penalty to the Department in an amount not to exceed $25,000 |
14 |
| for each violation as determined by the Department. The civil |
15 |
| penalty shall be assessed by the Department in accordance with |
16 |
| the provisions of this Act. |
17 |
| (b) The Department has the authority and power to |
18 |
| investigate any and all unregistered activity. |
19 |
| (c) The civil penalty shall be paid within 60 days after |
20 |
| the effective date of the order imposing the civil penalty. The |
21 |
| order shall constitute a judgment and may be filed and |
22 |
| execution had thereon in the same manner as any judgment from |
23 |
| any court of record. |
24 |
| (d) All moneys collected under this Section shall be |
25 |
| deposited into the Real Estate License Administration Fund.
|
|
|
|
SB0332 Enrolled |
- 25 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| (765 ILCS 86/15-10)
|
2 |
| (Section scheduled to be repealed on January 1, 2010)
|
3 |
| Sec. 15-10. Investigation. The Department Office of Banks |
4 |
| and Real Estate may
investigate the actions or qualifications |
5 |
| of any person or persons holding or
claiming to hold a |
6 |
| certificate of registration under this Act. Such a person
is |
7 |
| referred to as "the respondent" in this Article.
|
8 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
9 |
| (765 ILCS 86/15-15)
|
10 |
| (Section scheduled to be repealed on January 1, 2010)
|
11 |
| Sec. 15-15.
Disciplinary hearings; record; appointment of |
12 |
| administrative
law judge.
|
13 |
| (a) The Department Office of Banks and Real Estate has the |
14 |
| authority to conduct
hearings
before an administrative law |
15 |
| judge on proceedings to revoke, suspend,
or refuse to issue or |
16 |
| renew a certificate of registration issued under
this
Act, or |
17 |
| to place on probation or administrative supervision or |
18 |
| reprimand a
registrant registered under this Act, or to impose |
19 |
| a civil penalty not to
exceed $25,000 upon any registrant
|
20 |
| registered under this Act.
|
21 |
| (b) The Department Office of Banks and Real Estate , at its |
22 |
| expense, shall preserve a
record
of all proceedings at the |
23 |
| formal hearing of any case involving the refusal to
issue
or |
24 |
| the revocation or suspension of a certificate of registration |
|
|
|
SB0332 Enrolled |
- 26 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| issued under
this Act or involving other discipline of a |
2 |
| registrant registered under this
Act. The notice of
hearing, |
3 |
| complaint, and all other documents in the nature of pleadings |
4 |
| and
written
motions filed in the proceedings, the transcript of |
5 |
| testimony, the report of
the
administrative law judge, and the |
6 |
| orders of the Department Office of Banks and Real Estate
shall |
7 |
| be the record of
proceeding. At all hearings or prehearing |
8 |
| conferences, the Department Office of Banks and
Real Estate and |
9 |
| the respondent shall be entitled to have a court reporter in
|
10 |
| attendance for purposes of transcribing the proceeding or |
11 |
| prehearing
conference.
|
12 |
| (c) The Secretary Commissioner has the authority to appoint |
13 |
| any attorney duly
licensed
to practice law in the State of |
14 |
| Illinois to serve as an administrative law
judge in
any action |
15 |
| for refusal to issue or renew a certificate of registration or |
16 |
| to
discipline
a registrant or person holding a certificate of |
17 |
| registration. The
administrative law
judge has full authority |
18 |
| to conduct the hearing. The administrative law judge
shall
|
19 |
| report his or her findings and recommendations to the Secretary |
20 |
| Commissioner . If the Secretary
Commissioner disagrees with the |
21 |
| recommendation of the administrative law
judge, the Secretary |
22 |
| Commissioner may issue an order in contravention of the
|
23 |
| recommendation.
|
24 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
25 |
| (765 ILCS 86/15-20)
|
|
|
|
SB0332 Enrolled |
- 27 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| (Section scheduled to be repealed on January 1, 2010)
|
2 |
| Sec. 15-20. Investigations; notice and hearing. Notice of |
3 |
| proposed disciplinary action; hearing. The Department may |
4 |
| investigate the actions of any applicant or of any person or |
5 |
| persons rendering or offering to render land sales services or |
6 |
| any person holding or claiming to hold a certificate of |
7 |
| registration as a registered land sales developer or |
8 |
| subdivision. The Department shall, before revoking, |
9 |
| suspending, placing on probation, reprimanding, or taking any |
10 |
| other disciplinary action under Section 80 of this Act, at |
11 |
| least 30 days before the date set for the hearing: (i) notify |
12 |
| the accused in writing of the charges made and the time and |
13 |
| place for the hearing on the charges, (ii) direct him or her to |
14 |
| file a written answer to the charges with the Department under |
15 |
| oath within 20 days after the service on him or her of the |
16 |
| notice, and (iii) inform the accused that, if he or she fails |
17 |
| to answer, default will be taken against him or her or that his |
18 |
| or her registration may be suspended, revoked, placed on |
19 |
| probationary status, or other disciplinary action taken with |
20 |
| regard to the registration, including limiting the scope, |
21 |
| nature, or extent of his or her practice, as the Department may |
22 |
| consider proper. At the time and place fixed in the notice, the |
23 |
| Department shall proceed to hear the charges and the parties or |
24 |
| their counsel shall be accorded ample opportunity to present |
25 |
| any pertinent statements, testimony, evidence, and arguments. |
26 |
| The Department may continue the hearing from time to time. In |
|
|
|
SB0332 Enrolled |
- 28 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| case the person, after receiving the notice, fails to file an |
2 |
| answer, his or her registration may, in the discretion of the |
3 |
| Department, be suspended, revoked, placed on probationary |
4 |
| status, or the Department may take whatever disciplinary action |
5 |
| considered proper, including limiting the scope, nature, or |
6 |
| extent of the person's practice or the imposition of a fine, |
7 |
| without a hearing, if the act or acts charged constitute |
8 |
| sufficient grounds for that action under this Act. The written |
9 |
| notice may be served by personal delivery or by certified mail |
10 |
| to the address specified by the accused in his or her last |
11 |
| notification with the Department.
|
12 |
| (a) Before taking any disciplinary action with regard to |
13 |
| any registrant,
the
Office of Banks and Real Estate shall:
|
14 |
| (1) notify the respondent in writing, at least 30 |
15 |
| calendar days prior to
the
date
set for the hearing, of any |
16 |
| charges made, the time and place for the hearing of
the
|
17 |
| charges, and that testimony at the hearing will be heard |
18 |
| under oath; and
|
19 |
| (2) inform the respondent that upon failure to file an |
20 |
| answer and request
a
hearing before the date originally set |
21 |
| for the hearing, default will be taken
against
the |
22 |
| respondent and the respondent's certificate of |
23 |
| registration may be
suspended or revoked, or
other |
24 |
| disciplinary action may be taken against the respondent, as |
25 |
| the Office of
Banks and Real Estate may deem proper.
|
26 |
| (b) If the respondent fails to file an answer after |
|
|
|
SB0332 Enrolled |
- 29 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| receiving notice, the
respondent's certificate of registration |
2 |
| may, in the discretion of the Office
of Banks and
Real
Estate, |
3 |
| be revoked or suspended, or other disciplinary action may be |
4 |
| taken
against the respondent, as deemed proper,
without
a |
5 |
| hearing, if the act or acts charged constitute sufficient |
6 |
| grounds for that
action
under this Act.
|
7 |
| (c) At the time and place fixed in the notice, the Office |
8 |
| of Banks and Real
Estate shall proceed to hearing of the |
9 |
| charges. Both the respondent and the
complainant shall be |
10 |
| accorded ample opportunity to present in person, or by
counsel, |
11 |
| statements, testimony, evidence, and argument that may be |
12 |
| pertinent to
the charges or any defense to the charges.
|
13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
14 |
| (765 ILCS 86/15-25)
|
15 |
| (Section scheduled to be repealed on January 1, 2010)
|
16 |
| Sec. 15-25. Subpoenas; attendance of witnesses; oaths.
|
17 |
| (a) The Department Office of Banks and Real Estate has the |
18 |
| power to issue subpoenas ad
testificandum and to bring before |
19 |
| it any persons, and to take testimony either
orally or by |
20 |
| deposition, or both, with the same fees and mileage and in the
|
21 |
| same
manner as prescribed in civil cases in the courts of this |
22 |
| State. The Department Office of
Banks
and Real Estate has the |
23 |
| power to issue subpoenas duces tecum and to bring
before
it any |
24 |
| documents, papers, files, books, and records, with the same |
25 |
| costs and in
the
same manner as prescribed in civil cases in |
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| the courts of this State.
|
2 |
| (b) Upon application of the Department Office of Banks and |
3 |
| Real Estate or its designee
or
of the applicant, registrant, or |
4 |
| person holding a certificate of registration
against
whom |
5 |
| proceedings under this Act are pending, any circuit court may |
6 |
| enter an
order compelling the enforcement of any subpoena |
7 |
| issued by the Department Office of Banks
and Real Estate in |
8 |
| connection with any hearing or investigation.
|
9 |
| (c) The Secretary Commissioner and the designated |
10 |
| administrative law judge have power
to administer oaths to |
11 |
| witnesses at any hearing that the Department Office of Banks |
12 |
| and
Real
Estate is authorized to conduct under this Act.
|
13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
14 |
| (765 ILCS 86/15-30)
|
15 |
| (Section scheduled to be repealed on January 1, 2010)
|
16 |
| Sec. 15-30.
Administrative law judge's findings of fact, |
17 |
| conclusions of
law,
and recommendations. At the conclusion of |
18 |
| the hearing, the administrative law
judge shall present to the |
19 |
| Secretary Commissioner a written report of the administrative
|
20 |
| law
judge's findings of fact, conclusions of law, and |
21 |
| recommendations regarding
discipline or a civil penalty. The |
22 |
| report shall contain a finding of whether
or not the
respondent |
23 |
| violated this Act or failed to comply with the conditions
|
24 |
| required
in this Act. The administrative law judge shall |
25 |
| specify the nature of the
violation
or failure to comply.
If |
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| the Secretary Commissioner disagrees in any regard with the |
2 |
| report of the
administrative law judge, the Secretary |
3 |
| Commissioner may issue an order in contravention
of the report. |
4 |
| The Commissioner shall provide a written report to the
|
5 |
| administrative law judge on any deviation and shall specify |
6 |
| with particularity
the
reasons for that action in the final |
7 |
| order.
|
8 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
9 |
| (765 ILCS 86/15-35)
|
10 |
| (Section scheduled to be repealed on January 1, 2010)
|
11 |
| Sec. 15-35. Rehearing. After any hearing involving |
12 |
| disciplinary action
against a
registrant, a copy of the |
13 |
| administrative law judge's report shall be served on
the
|
14 |
| respondent by the Department Office of Banks and Real Estate , |
15 |
| either personally or as
provided in this Act for the service of |
16 |
| the notice of hearing. Within 20
calendar
days after the |
17 |
| service, the respondent may present to the Department Office of |
18 |
| Banks and
Real
Estate a motion in writing for a rehearing. The |
19 |
| motion shall specify the
particular grounds for rehearing.
If |
20 |
| the respondent orders a transcript of the record from the |
21 |
| reporting service
and pays for it within the time for filing a |
22 |
| motion for rehearing, the 20
calendar
day period within which a |
23 |
| motion for rehearing may be filed shall commence upon
the |
24 |
| delivery of the transcript to the respondent.
|
25 |
| If no motion for rehearing is filed, then upon the |
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| expiration of the time
specified for filing a motion, or if a |
2 |
| motion for rehearing is denied, then
upon
denial, the Secretary |
3 |
| Commissioner may enter an order in accordance with the
|
4 |
| recommendations of the administrative law judge, except as |
5 |
| otherwise provided
in this Article.
Whenever the Secretary |
6 |
| Commissioner is not satisfied that substantial justice has been
|
7 |
| done in the hearing or in the administrative law judge's |
8 |
| report,
the Secretary Commissioner
may order a rehearing by the |
9 |
| same or some other duly qualified administrative
law judge.
|
10 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
11 |
| (765 ILCS 86/15-40)
|
12 |
| (Section scheduled to be repealed on January 1, 2010)
|
13 |
| Sec. 15-40. Disciplinary consent orders. Notwithstanding |
14 |
| any other
provisions of this Act concerning
the conduct of |
15 |
| hearings and recommendations for disciplinary actions, the |
16 |
| Department
Office
of Banks and Real Estate has the authority to |
17 |
| negotiate agreements with
registrants
and applicants resulting |
18 |
| in disciplinary or non-disciplinary consent orders. Any such |
19 |
| consent
order
may provide for any form of discipline provided |
20 |
| for in the Act. Any such
consent
order shall provide that it is |
21 |
| not entered into as a result of any coercion by
the
Department |
22 |
| Office of Banks and Real Estate . The consent order shall be |
23 |
| final upon signature of the Secretary Any such consent order |
24 |
| shall be accepted by
signature or rejected by the Commissioner |
25 |
| in a timely manner .
|
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
2 |
| (765 ILCS 86/15-45)
|
3 |
| (Section scheduled to be repealed on January 1, 2010)
|
4 |
| Sec. 15-45. Order or certified copy. An order or a |
5 |
| certified copy of
an
order, over the seal of the Department |
6 |
| Office of Banks and Real Estate and purporting to
be
signed by |
7 |
| the Secretary Commissioner , shall be prima facie proof of the |
8 |
| following:
|
9 |
| (1) That the signature is the genuine signature of the |
10 |
| Secretary Commissioner .
|
11 |
| (2) That the Secretary Commissioner is duly appointed |
12 |
| and qualified.
|
13 |
| (3) That the administrative law judge is duly appointed |
14 |
| and qualified.
|
15 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
16 |
| (765 ILCS 86/15-50)
|
17 |
| (Section scheduled to be repealed on January 1, 2010)
|
18 |
| Sec. 15-50. Restoration of certificate of registration. |
19 |
| Upon petition, after the successful completion of the term of |
20 |
| At any time
after the
suspension or revocation of any |
21 |
| certificate of registration, the Department Office of
Banks and
|
22 |
| Real Estate may restore the certificate of registration to the |
23 |
| respondent
upon
the written recommendation of the |
24 |
| administrative law judge, unless after an
investigation and a |
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| hearing the administrative law judge determines that
|
2 |
| restoration is not in the public interest.
|
3 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
4 |
| (765 ILCS 86/15-55)
|
5 |
| (Section scheduled to be repealed on January 1, 2010)
|
6 |
| Sec. 15-55. Surrender of certificate of registration. Upon |
7 |
| the
revocation or
suspension of a certificate of registration, |
8 |
| the registrant shall immediately
surrender the certificate of |
9 |
| registration to the Department Office of Banks and Real
Estate . |
10 |
| If
the registrant fails to do so, the Department Office of |
11 |
| Banks and Real Estate has the
right to
seize the certificate of |
12 |
| registration.
|
13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
14 |
| (765 ILCS 86/15-60)
|
15 |
| (Section scheduled to be repealed on January 1, 2010)
|
16 |
| Sec. 15-60. Administrative Review Law ; transcripts; |
17 |
| certifications of record; costs . All final administrative
|
18 |
| decisions
of the Department Office of Banks and Real Estate |
19 |
| under this Act are subject to judicial
review
under the |
20 |
| Administrative Review Law and the rules implementing that Law. |
21 |
| The
term "administrative decision" is defined as in Section |
22 |
| 3-101 of the Code of
Civil
Procedure.
Proceedings for judicial |
23 |
| review shall be commenced in the circuit court of the
county in |
24 |
| which the party applying for review resides, but if the party
|
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| is not a
resident of this State, the venue shall be in Cook or |
2 |
| Sangamon County.
|
3 |
| Pending the court's final decision on administrative |
4 |
| review, the acts,
orders,
sanctions, and rulings of the |
5 |
| Department Office of Banks and Real Estate regarding any
|
6 |
| registration shall remain in full force and effect unless |
7 |
| modified or suspended
by
court order pending a final judicial |
8 |
| decision.
|
9 |
| The Department, at its own expense, shall preserve a record |
10 |
| of all proceedings at the formal hearing of a case involving |
11 |
| the refusal to issue or renew a registration. The notice of |
12 |
| hearing, complaint, and all other documents in the nature of |
13 |
| pleadings and written motions filed in the proceedings, the |
14 |
| transcript of testimony, the report, and orders of the |
15 |
| Department shall be in the record of the proceeding. |
16 |
| The Department shall not be required to certify any record |
17 |
| to the court or file any answer in court or otherwise appear in |
18 |
| any court in a judicial review proceeding unless there is filed |
19 |
| in the court a receipt from the Department acknowledging |
20 |
| payment of the costs of furnishing and certifying the record, |
21 |
| which shall be computed at the rate of 20 cents per page of the |
22 |
| record. Failure on the part of a plaintiff to file a receipt in |
23 |
| court shall be grounds for dismissal of the action. |
24 |
| The Office of Banks and Real
Estate
shall not be required |
25 |
| to certify any record to the court or file any answer
in court
|
26 |
| or otherwise appear in any court in a judicial review |
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| proceeding unless
there is
filed in the court, with the |
2 |
| complaint, a receipt from the Office of Banks and
Real
Estate |
3 |
| acknowledging payment of the costs of furnishing and certifying |
4 |
| the
record.
Failure on the part of the plaintiff to file a |
5 |
| receipt in the court is grounds
for
dismissal of the action.
|
6 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
7 |
| (765 ILCS 86/15-65)
|
8 |
| (Section scheduled to be repealed on January 1, 2010)
|
9 |
| Sec. 15-65. Public interest, safety, or welfare; summary |
10 |
| suspension. The Secretary
Commissioner may temporarily
suspend |
11 |
| any registration pursuant to this Act, without hearing, |
12 |
| simultaneously
with the institution of proceedings for a |
13 |
| hearing provided for in this Section,
if the
Secretary |
14 |
| Commissioner finds that the evidence indicates that imminent |
15 |
| danger exists to the public interest,
safety, or
welfare |
16 |
| imperatively requires emergency action . If the Secretary |
17 |
| Commissioner
temporarily
suspends any registration without a |
18 |
| hearing, a hearing must be held within 30
calendar days after |
19 |
| the suspension. The person whose registration is suspended
may |
20 |
| seek a continuance of the hearing, during which the suspension |
21 |
| shall remain
in effect. The proceeding shall be concluded |
22 |
| without appreciable delay.
|
23 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
24 |
| (765 ILCS 86/15-70)
|
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| (Section scheduled to be repealed on January 1, 2010)
|
2 |
| Sec. 15-70. Non-registered practice; civil penalty; |
3 |
| injunction.
|
4 |
| (a) Any person who practices, offers to practice, attempts |
5 |
| to practice, or
holds
himself or herself out to practice as a |
6 |
| registrant under this Act without being
registered under this |
7 |
| Act shall, in addition to any other penalty provided by
law,
|
8 |
| pay a civil penalty to the Department Office of Banks and Real |
9 |
| Estate in an amount not to
exceed $25,000 for each offense as |
10 |
| determined by the Department Office of Banks and Real
Estate . |
11 |
| The civil penalty shall be assessed by the Department Office of |
12 |
| Banks and Real
estate
after a hearing is held in accordance |
13 |
| with the provisions set forth in this Act
regarding the |
14 |
| provision of a hearing for the discipline of a registration.
|
15 |
| (b) Whenever, in the opinion of the Department, a person |
16 |
| violates any provision of this Act, the Department may issue a |
17 |
| rule to show cause why an order to cease and desist should not |
18 |
| be entered against that person. The rule shall clearly set |
19 |
| forth the grounds relied upon by the Department and shall allow |
20 |
| at least 7 days after the date of the rule to file an answer |
21 |
| satisfactory to the Department. Failure to answer to the |
22 |
| satisfaction of the Department shall cause an order to cease |
23 |
| and desist to be issued The Office of Banks and Real Estate has |
24 |
| the authority and power to
investigate any and all activity |
25 |
| subject to registration under
this Act .
|
26 |
| (c) A civil penalty imposed under subsection (a) shall be |
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| paid within 60
days after the effective date
of
the
order |
2 |
| imposing the civil penalty. The order shall constitute a |
3 |
| judgment and
may
be filed and execution had thereon in the same |
4 |
| manner as any judgment from any
court of record.
|
5 |
| (d) Engaging in the sale of land located outside the State |
6 |
| of Illinois but
offered
for sale in Illinois by any entity not |
7 |
| holding a valid and current registration
under
this Act is |
8 |
| declared to be inimical to the public welfare, to constitute a
|
9 |
| public
nuisance, and to cause irreparable harm to the public |
10 |
| welfare. The Secretary
Commissioner ,
the Attorney General, the |
11 |
| State's Attorney of any county in the State, or any
person may |
12 |
| maintain an action in the name of the People of the State of
|
13 |
| Illinois,
and may apply for injunctive relief in any circuit |
14 |
| court to enjoin the entity
from
engaging in the conduct |
15 |
| prohibited under this subsection. Upon the filing of a
verified |
16 |
| petition in the
court, the
court, if satisfied by affidavit or |
17 |
| otherwise that the entity has been engaged
in
that conduct |
18 |
| without a valid and current registration, may enter a temporary
|
19 |
| restraining order without notice or bond, enjoining the |
20 |
| defendant from such
further
conduct. Only the showing of |
21 |
| nonregistration, by affidavit or otherwise, is
necessary in |
22 |
| order for a temporary injunction to issue. A copy of the |
23 |
| verified
complaint shall be served upon the defendant and the |
24 |
| proceedings shall
thereafter
be conducted as in other civil |
25 |
| cases except as modified by this Section. If it
is
established |
26 |
| that the defendant has been or is engaged in such unlawful
|
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| conduct,
the court may enter an order or judgment perpetually |
2 |
| enjoining the defendant
from further
unlawful conduct. In all |
3 |
| proceedings hereunder, the court, in its discretion,
may
|
4 |
| apportion the costs among the parties interested in the action, |
5 |
| including cost
of
filing the complaint, service of process, |
6 |
| witness fees and expenses, court
reporter
charges and |
7 |
| reasonable attorneys' fees. In the case of a violation of any
|
8 |
| injunctive
order entered under the provisions of this Section, |
9 |
| the court may summarily try
and punish the offender for |
10 |
| contempt of court. Proceedings for an injunction
under this |
11 |
| Section shall be in addition to, and not in lieu of, all |
12 |
| penalties
and other
remedies provided in this Act.
|
13 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
14 |
| (765 ILCS 86/15-75)
|
15 |
| (Section scheduled to be repealed on January 1, 2010)
|
16 |
| Sec. 15-75. Cease and desist orders. The Department Office |
17 |
| of Banks and Real
Estate
may issue a cease and desist order to |
18 |
| any person who engages in any activity
prohibited by this Act. |
19 |
| Any person in violation of a cease and desist order
entered
by |
20 |
| the Department Office of Banks and Real Estate is subject to |
21 |
| all of the remedies
provided by law.
|
22 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
23 |
| (765 ILCS 86/20-5)
|
24 |
| (Section scheduled to be repealed on January 1, 2010)
|
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| Sec. 20-5. Administration of Act. The Department Office of |
2 |
| Banks and Real Estate
shall exercise the powers and duties |
3 |
| prescribed by the Civil Administrative
Code
of Illinois and |
4 |
| shall exercise other powers and duties necessary for
|
5 |
| effectuating the
purposes of this Act. The Department Office of |
6 |
| Banks and Real Estate may contract with
third
parties for |
7 |
| services necessary for the proper administration of this Act. |
8 |
| The Department
Office
of Banks and Real Estate has the |
9 |
| authority to establish public policies and
procedures |
10 |
| necessary for the administration of this Act.
|
11 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
12 |
| (765 ILCS 86/20-10)
|
13 |
| (Section scheduled to be repealed on January 1, 2010)
|
14 |
| Sec. 20-10. Administrative rules. The Department Office of |
15 |
| Banks and Real Estate
shall adopt rules for the implementation |
16 |
| and enforcement of this Act.
|
17 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
18 |
| (765 ILCS 86/20-15)
|
19 |
| (Section scheduled to be repealed on January 1, 2010)
|
20 |
| Sec. 20-15. Investigation of subdivisions. The Department |
21 |
| may Office of Banks and
Real
Estate shall investigate any every |
22 |
| subdivision offered for sale in this State and
may:
|
23 |
| (1) Require the applicant to submit reports prepared by |
24 |
| competent
engineers
concerning any hazard to which any |
|
|
|
SB0332 Enrolled |
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LRB096 06382 JAM 16466 b |
|
|
1 |
| subdivision offered for sale is subject in
the
opinion of |
2 |
| the Department Office of Banks and Real Estate , or any |
3 |
| factor that affects the
utility
of lots or parcels within |
4 |
| the subdivision, and require evidence of compliance.
|
5 |
| (2) Make an on-site inspection of each subdivision. In |
6 |
| connection with
any
on-site inspection, the owner, |
7 |
| subdivider, or agent shall defray all expenses
incurred by |
8 |
| the inspector in the course of the inspection.
|
9 |
| (3) Make additional on-site inspections of each |
10 |
| subdivision for which the
owner, subdivider, or agent shall |
11 |
| defray all expenses incurred by the inspector
in
the course |
12 |
| of the inspection.
|
13 |
| (4) Require the owner, subdivider, or agent to deposit |
14 |
| the expenses to be
incurred in any inspection, in advance, |
15 |
| based upon an estimate by the Department Office of
Banks |
16 |
| and Real Estate of the expenses likely to be incurred.
|
17 |
| (5) In those cases where an on-site inspection of any |
18 |
| subdivision has been
made under the provisions of this Act, |
19 |
| waive an inspection of a subsequent
registration submitted |
20 |
| as an amendment to the registration covering subdivided
|
21 |
| land to be sold under the same common promotional plan. An |
22 |
| inspection of the
subsequent registration may be made in |
23 |
| connection with the next succeeding
on-site inspection.
|
24 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
25 |
| (765 ILCS 86/20-20)
|
|
|
|
SB0332 Enrolled |
- 42 - |
LRB096 06382 JAM 16466 b |
|
|
1 |
| (Section scheduled to be repealed on January 1, 2010)
|
2 |
| Sec. 20-20. Forms. The Department Office of Banks and Real |
3 |
| Estate may
prescribe forms and procedures for submitting to the |
4 |
| Department Office of Banks and
Real Estate .
|
5 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
6 |
| (765 ILCS 86/20-25)
|
7 |
| (Section scheduled to be repealed on January 1, 2010)
|
8 |
| Sec. 20-25. Real Estate License Administration Fund. All |
9 |
| fees
collected for registration and for civil penalties |
10 |
| pursuant to this Act and
administrative rules adopted under |
11 |
| this Act shall be deposited into the Real
Estate Administration |
12 |
| Fund. The moneys deposited in the Real Estate
Administration |
13 |
| License Fund shall be appropriated to the Department Office of |
14 |
| Banks
and Real Estate for expenses for the administration and |
15 |
| enforcement of this
Act.
|
16 |
| (Source: P.A. 91-338, eff. 12-30-99.)
|
17 |
| Section 99. Effective date. This Act takes effect upon |
18 |