Sen. Iris Y. Martinez

Filed: 10/14/2009

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 332

2     AMENDMENT NO. ______. Amend Senate Bill 332 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Regulatory Sunset Act is amended by
5 changing Section 4.20 and by adding Section 4.30 as follows:
 
6     (5 ILCS 80/4.20)
7     Sec. 4.20. Acts repealed on January 1, 2010 and December
8 31, 2010.
9     (a) The following Acts are repealed on January 1, 2010:
10         The Auction License Act.
11         The Illinois Architecture Practice Act of 1989.
12         The Illinois Landscape Architecture Act of 1989.
13         The Illinois Professional Land Surveyor Act of 1989.
14         The Land Sales Registration Act of 1999.
15         The Orthotics, Prosthetics, and Pedorthics Practice
16     Act.

 

 

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1         The Perfusionist Practice Act.
2         The Professional Engineering Practice Act of 1989.
3         The Real Estate License Act of 2000.
4         The Structural Engineering Practice Act of 1989.
5     (b) The following Act is repealed on December 31, 2010:
6         The Medical Practice Act of 1987.
7 (Source: P.A. 95-1018, eff. 12-18-08.)
 
8     (5 ILCS 80/4.30 new)
9     Sec. 4.30. Act repealed on January 1, 2020. The following
10 Act is repealed on January 1, 2020:
11     The Land Sales Registration Act of 1999.
 
12     Section 10. The Land Sales Registration Act of 1999 is
13 amended by changing Sections 1-10, 1-15, 5-5, 5-10, 5-15, 5-20,
14 5-25, 10-15, 10-20, 10-30, 15-5, 15-10, 15-15, 15-20, 15-25,
15 15-30, 15-35, 15-40, 15-45, 15-50, 15-55, 15-60, 15-65, 15-70,
16 15-75, 20-5, 20-10, 20-15, 20-20, and 20-25 and by adding
17 Sections 5-23 and 15-7 as follows:
 
18     (765 ILCS 86/1-10)
19     (Section scheduled to be repealed on January 1, 2010)
20     Sec. 1-10. Definitions. In this Act, unless the context
21 otherwise requires:
22     "Blanket encumbrance" means a trust deed, mortgage,
23 mechanics lien, or any other lien or financial encumbrance

 

 

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1 securing or evidencing money debt and affecting land to be
2 subdivided or affecting more than one lot or parcel of
3 subdivided land; or an agreement affecting more than one such
4 lot or parcel by which the subdivider holds the subdivision
5 under an option, contract to purchase, or trust agreement.
6 Taxes and assessments levied by public authority are not an
7 encumbrance under this Act.
8     "Commissioner" means the Commissioner of Banks and Real
9 Estate or a natural person authorized by the Commissioner, the
10 Office of Banks and Real Estate Act, or this Act to act in the
11 Commissioner's stead.
12     "Common promotional plan" means a plan, undertaken by a
13 single developer or a group of developers acting in concert, to
14 offer lots for sale or lease. Where land is offered for sale by
15 a developer or group of developers acting in concert and the
16 land is contiguous or is known, designated, or advertised as a
17 common unit or by a common name, the land is presumed, without
18 regard to the number of lots covered by each individual
19 offering, to be offered for sale or lease as part of a common
20 promotional plan.
21     "Department" means the Illinois Department of Financial
22 and Professional Regulation.
23     "Offer" includes every inducement, solicitation, or
24 attempt to encourage a person to acquire an interest in a
25 subdivision or subdivided land, if undertaken for gain or
26 profit.

 

 

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1     "Person" means an individual, corporation, government or
2 governmental subdivision or agency, business trust, estate,
3 trust, partnership, unincorporated association, 2 or more of
4 any of the foregoing having a joint or common interest, or any
5 other legal or commercial entity.
6     "Sale" includes a sale, lease, assignment, or award by
7 lottery, or any offer or solicitation of an offer to do any of
8 the foregoing, concerning a subdivision or any part of a
9 subdivision, if undertaken for gain or profit.
10     "Secretary" means the Secretary of Financial and
11 Professional Regulation.
12     "Subdivided land" and "subdivision" mean improved or
13 unimproved lands located outside the State of Illinois, divided
14 or proposed to be divided into 25 or more lots or parcels, and
15 also include any land, whether contiguous or not, if 25 or more
16 lots, parcels, units or interests are offered as a part of a
17 common promotional plan of advertising and sale.
18 (Source: P.A. 91-338, eff. 12-30-99.)
 
19     (765 ILCS 86/1-15)
20     (Section scheduled to be repealed on January 1, 2010)
21     Sec. 1-15. Powers and duties of the Department Office of
22 Banks and Real Estate. The Department Office of Banks and Real
23 Estate shall exercise the powers and duties established by this
24 Act. The Secretary Commissioner may adopt rules consistent with
25 the provisions of this Act for its administration and

 

 

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1 enforcement and may prescribe forms that shall be issued in
2 connection with this Act. The Department Office of Banks and
3 Real Estate shall issue a certificate of registration to any
4 person who meets the qualifications set forth in this Act.
5 (Source: P.A. 91-338, eff. 12-30-99.)
 
6     (765 ILCS 86/5-5)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 5-5. Registration requirement; exemptions. It is
9 unlawful for any person to engage in the business of selling
10 land that is located outside the State of Illinois to any
11 individual located in Illinois without a certificate of
12 registration issued by the Department Office of Banks and Real
13 Estate pursuant to this Act. Unless the method of sale is
14 adopted for the purpose of evasion of this Act, the provisions
15 of this Act do not apply to an offer or disposition of an
16 interest in land:
17         (1) by a purchaser of subdivided lands for the
18     purchaser's own account in a single or isolated
19     transaction;
20         (2) if fewer than 25 separate lots, parcels, units or
21     interests in subdivided lands are offered by a person;
22         (3) on which there is a commercial or industrial
23     building, shopping center, house, apartment house,
24     condominium structure, or town house, or as to which there
25     is a legal obligation on the part of the seller to

 

 

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1     construct such a building within 2 years from the date of
2     disposition;
3         (4) that is sold for industrial, commercial, or
4     institutional purposes;
5         (5) that consists of cemetery lots or interests;
6         (6) that consists of a subdivision as to which the plan
7     of sale is to dispose of it to 10 or fewer persons; or
8         (7) in lots or parcels of 20 or more acres,
9     unconditionally, or of 10 or more acres if there is free
10     and ready access leading to county-maintained roads.
11 (Source: P.A. 91-338, eff. 12-30-99.)
 
12     (765 ILCS 86/5-10)
13     (Section scheduled to be repealed on January 1, 2010)
14     Sec. 5-10. Application for registration.
15     (a) Before subdivided lands are offered for sale, the
16 subdivider or the subdivider's agent shall file with the
17 Department Office of Banks and Real Estate an application on
18 forms supplied by the Department Office of Banks and Real
19 Estate. A registration fee shall accompany the application. The
20 application shall contain all of the following information:
21         (1) The name and address of the fee title owner of the
22     subdivided lands.
23         (2) The name and address of the subdivider.
24         (3) The name and address of an agent of the subdivider
25     in Illinois authorized to accept service of process on

 

 

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1     behalf of the subdivider.
2         (4) The legal description and acreage of the lands,
3     together with a map showing the layout as recorded or
4     proposed and the relation of the lands to existing streets
5     or roads, waterways, schools, churches, shopping centers,
6     and local bus and rail transportation, with a statement of
7     distances to each.
8         (5) A true statement as to title to the subdivided
9     land, including all financial encumbrances and unpaid
10     taxes thereon.
11         (6) If subject property is in a land trust, a true
12     statement of the names and addresses of all parties with a
13     beneficial interest in the trust.
14         (7) A true statement of the terms and conditions by
15     which it is intended the subdivided land will be sold,
16     together with copies of any and all forms of contract or
17     conveyance intended to be used. If a language other than
18     English was used in advertising the property or during the
19     sales presentation, translations, in that language, of the
20     Illinois Public Property Report, any contract or lien, and
21     any note shall be provided to the purchaser before the
22     purchaser executes the contract. A receipt for these
23     translations shall be obtained and a copy of the receipt
24     shall be kept available in this State and subject to
25     inspection by the Department Office of Banks and Real
26     Estate for 3 years from the date of the receipt.

 

 

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1         (8) A true statement of provision for sewage disposal
2     and public utilities, if any, in the proposed or existing
3     subdivision, including water, electricity, gas, and
4     telephone facilities.
5         (9) A correct reference to applicable zoning
6     ordinances and regulations.
7         (10) Certified financial statements of the subdivider.
8         (11) A proposed public property report, suitable for
9     distribution to any proposed purchaser if a certificate of
10     registration is issued, which shall contain the following
11     information:
12             (A) the name and principal address of the
13         subdivider;
14             (B) a general description of the subdivided lands,
15         stating the total number of lots, parcels, units, or
16         interests in the offering;
17             (C) the significant terms of any encumbrances,
18         easements, liens, and restrictions, including zoning
19         and other regulations affecting the subdivided lands
20         and each lot or unit, and a statement of all existing
21         taxes and existing or proposed special taxes or
22         assessments that affect the subdivided lands;
23             (D) a statement of the use for which the property
24         is offered;
25             (E) information concerning improvements, including
26         streets, water supply, levees, drainage control

 

 

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1         systems, irrigation systems, sewage disposal
2         facilities, and customary utilities, and the estimated
3         costs, date of completion, and responsibility for
4         construction and maintenance of existing and proposed
5         improvements that are referred to in connection with
6         the offering or disposition of any interest in
7         subdivided lands;
8             (F) a statement that certified financial
9         statements are available upon request; and
10             (G) such additional information consistent with
11         this Act which may be required by the Department Office
12         of Banks and Real Estate to assure full and fair
13         disclosure to prospective purchasers.
14     (b) The subdivider shall report all material changes with
15 respect to subdivided lands registered for sale under this Act,
16 and the Department Office of Banks and Real Estate may require
17 that the public property report be amended to reflect such
18 material change. In the event the subdivider wishes to update
19 the public property report, the subdivider may do so upon
20 proper application to the Department Office of Banks and Real
21 Estate.
22     (c) If the subdivider registers additional subdivided
23 lands to be offered for sale, the subdivider may consolidate
24 the subsequent registration with any earlier registration
25 offering subdivided lands for sale under the same promotional
26 plan, and the public property report shall be amended to

 

 

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1 include the additional subdivided lands so registered.
2     (d) The Department Office of Banks and Real Estate shall,
3 at the time the application is submitted or from time to time
4 thereafter, require the subdivider to furnish financial
5 assurances, in the form of a performance bond, a surety bond,
6 or an irrevocable letter of credit in the amount and subject to
7 terms and requirements approved by the Department Office of
8 Banks and Real Estate, for the purpose of protecting purchasers
9 of lots in the subdivision to ensure that the improvements will
10 be constructed and maintained in the manner represented by the
11 subdivider. The Department Office of Banks and Real Estate may
12 accept evidence that such assurances have been furnished to a
13 foreign state, or a county or municipality within such state,
14 in fulfillment of this requirement.
15 (Source: P.A. 91-338, eff. 12-30-99.)
 
16     (765 ILCS 86/5-15)
17     (Section scheduled to be repealed on January 1, 2010)
18     Sec. 5-15. Issuance Notice of filing; issuance of
19 certificate; exemption; renewal.
20     (a) The Department Upon receipt of the application for
21 registration in proper form, the Office of Banks and Real
22 Estate shall issue a notice of filing to the applicant. Within
23 60 days from the date of the notice of filing, the Office of
24 Banks and Real Estate shall enter an order registering the
25 subdivided lands or rejecting the registration. If no order of

 

 

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1 rejection is entered within 60 days from the date of receipt
2 notice of filing, the land shall be deemed registered unless
3 the applicant has consented in writing to a delay.
4     (b) If the Department Office of Banks and Real Estate
5 affirmatively determines, upon inquiry and examination, that
6 the requirements of this Act have been met, it shall issue a
7 certificate of registration registering the subdivided lands
8 and shall approve the form of the public property report.
9     (b-5) If the Department affirmatively determines, upon
10 inquiry and examination, that the exemption requirements of
11 this Act have been met, it shall issue a written approval.
12     (c) If the Department Office of Banks and Real Estate
13 determines, upon inquiry and examination, that any of the
14 requirements of this Act have not been met, it shall notify the
15 applicant that the application for registration or exemption
16 must be corrected in the particulars specified within 15 days.
17 If the requirements are not met within the time allowed, the
18 Department Office of Banks and Real Estate shall enter an order
19 rejecting the registration or exemption, which shall include
20 the findings of fact upon which the order is based. The order
21 rejecting the registration shall not become effective for 20
22 days, during which time the applicant may petition for
23 reconsideration and shall be entitled to a hearing.
24     (d) The Department Office of Banks and Real Estate may
25 adopt rules authorizing the subdivider or the subdivider's
26 agent to file an abbreviated application , as the subdivider's

 

 

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1 application for a certificate of registration in lieu of some
2 or all of the requirements of Section 5-10, (i) a copy of the
3 statement of record filed with respect to the subdivision
4 pursuant to the Federal Interstate Land Sales Full Disclosure
5 Act if the statement complies with the requirements of that Act
6 and the regulations pertinent to that Act or (ii) an acceptable
7 certificate of registration from another jurisdiction in which
8 the requirements for registration are substantially the same or
9 exceed those provided in this Act. Notwithstanding the
10 requirements of Section 5-10, the Department Office of Banks
11 and Real Estate may suspend or revoke any registration under
12 this Section that includes any registration, property report,
13 or similar disclosure documents accepted under this subsection
14 if the registration, property report, or similar disclosure is
15 suspended or revoked by the registering state or by the federal
16 government.
17     (e) A certificate of registration issued under this Section
18 shall expire on June 30 following the date of issuance. In the
19 absence of any reason or condition under Section 15-5 10-35
20 that might warrant the suspension or revocation of a
21 registration, a certificate shall be renewed upon payment of
22 the required fee and submission of documentation as provided by
23 rule. An exemption issued under this Section shall not expire
24 or renew. The applicant must notify the Department of any
25 change in the status of the subdivision under which the
26 exemption was approved.

 

 

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1 (Source: P.A. 91-338, eff. 12-30-99.)
 
2     (765 ILCS 86/5-20)
3     (Section scheduled to be repealed on January 1, 2010)
4     Sec. 5-20. Fees.
5     (a) The Department Office of Banks and Real Estate shall
6 provide, by rule, for fees to be paid by applicants and
7 registrants to cover the reasonable costs of the Department
8 Office of Banks and Real Estate in administering and enforcing
9 the provisions of this Act. The Department Office of Banks and
10 Real Estate may also provide, by rule, for general fees to
11 cover the reasonable expenses of carrying out other functions
12 and responsibilities under this Act.
13     (b) All fees collected under this Act shall be paid into
14 the Real Estate License Administration Fund in the State
15 treasury and appropriated to the Department Office of Banks and
16 Real Estate for administration of this Act or any other Act
17 administered by the Department Office of Banks and Real Estate
18 and providing revenue to this fund.
19     (c) (Blank). Any person who delivers a check or other
20 payment to the Office of Banks and Real Estate that is returned
21 to the Office of Banks and Real Estate unpaid by the financial
22 institution upon which it is drawn shall pay to the Office of
23 Banks and Real Estate, in addition to the amount already owed
24 to the Office of Banks and Real Estate, a fee of $50.
25     (d) (Blank). The fees imposed by this Section are in

 

 

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1 addition to any other disciplinary action provided under this
2 Act for unlicensed practice or practice on a non-renewed
3 license.
4     (e) (Blank). The Office of Banks and Real Estate shall
5 notify the person that payment of fees and fines shall be paid
6 to the Office of Banks and Real Estate by certified check or
7 money order within 30 calendar days of the notification. If,
8 after the expiration of 30 days from the date of the
9 notification, the person has failed to submit the necessary
10 remittance, the Office of Banks and Real Estate shall
11 automatically terminate the certificate of registration or
12 deny the application, without hearing. If, after termination or
13 denial, the person seeks a certificate of registration, he or
14 she shall apply to the Office of Banks and Real Estate for
15 restoration or issuance of the certificate of registration and
16 pay all fees due the Office of Banks and Real Estate. The
17 Commissioner may waive the fees due under this Section in
18 individual cases where the Commissioner finds that the fees
19 would be unreasonable or unnecessarily burdensome.
20 (Source: P.A. 91-338, eff. 12-30-99.)
 
21     (765 ILCS 86/5-23 new)
22     Sec. 5-23. Returned checks; fines. Any person who delivers
23 a check or other payment to the Department that is returned to
24 the Department unpaid by the financial institution upon which
25 it is drawn shall pay to the Department, in addition to the

 

 

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1 amount already owed to the Department, a fine of $50. The fines
2 imposed by this Section are in addition to any other discipline
3 provided under this Act for unregistered practice or practice
4 on a nonrenewed registration. The Department shall notify the
5 person that payment of fees and fines shall be paid to the
6 Department by certified check or money order within 30 calendar
7 days of the notification. If, after the expiration of 30 days
8 from the date of the notification, the person has failed to
9 submit the necessary remittance, the Department shall
10 automatically terminate the registration or deny the
11 application, without hearing. If, after termination or denial,
12 the person seeks a registration, he or she shall apply to the
13 Department for restoration or issuance of the registration and
14 pay all fees and fines due to the Department. The Department
15 may establish a fee for the processing of an application for
16 restoration of a registration to pay all expenses of processing
17 this application. The Secretary may waive the fines due under
18 this Section in individual cases where the Secretary finds that
19 the fines would be unreasonable or unnecessarily burdensome.
 
20     (765 ILCS 86/5-25)
21     (Section scheduled to be repealed on January 1, 2010)
22     Sec. 5-25. Public property report. When a certificate of
23 registration is granted by the Department Office of Banks and
24 Real Estate, a copy of the public property report shall be
25 given by the owner, subdivider, or agent to each prospective

 

 

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1 purchaser prior to the execution of any binding contract or
2 agreement for the sale of any lot or parcel in a subdivision. A
3 receipt, in duplicate, shall be taken from each purchaser to
4 evidence compliance with this Section. Receipts taken for any
5 published report shall be kept on file in possession of the
6 owner, subdivider, or agent, subject to inspection by the
7 Department Office of Banks and Real Estate for 3 years from the
8 date the receipt is taken. The report shall not be used for
9 advertising purposes unless the report is used in its entirety.
10 No portion of the report shall be underscored, italicized, or
11 printed in larger or heavier type than any other portion of the
12 report, unless required by this Act. The report shall contain
13 the following statement:
14         If you received this report prior to signing a contract
15     or agreement, you may cancel your contract or agreement by
16     giving notice to the seller any time before midnight of the
17     seventh day following the signing of the contract or
18     agreement.
19         If you did not receive this report before you signed a
20     contract or agreement, you may cancel the contract or
21     agreement any time within 2 years from the date of signing.
22 (Source: P.A. 91-338, eff. 12-30-99.)
 
23     (765 ILCS 86/10-15)
24     (Section scheduled to be repealed on January 1, 2010)
25     Sec. 10-15. Copies of instruments. A copy of the

 

 

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1 instruments executed in connection with the sale of parcels
2 within a subdivision shall be kept available in this State and
3 subject to inspection by the Department Office of Banks and
4 Real Estate. The Department Office of Banks and Real Estate
5 shall be notified of any change of address affecting the
6 location of the owner's, subdivider's, or agent's records, or
7 of any change in the depository for purchasers' payments under
8 this Act.
9 (Source: P.A. 91-338, eff. 12-30-99.)
 
10     (765 ILCS 86/10-20)
11     (Section scheduled to be repealed on January 1, 2010)
12     Sec. 10-20. Sale of encumbered lots prohibited;
13 exceptions. It is unlawful for the owner or subdivider to sell
14 lots or parcels within a subdivision subject to a blanket
15 encumbrance unless one of the following conditions is met:
16         (1) All sums paid or advanced by a purchaser are placed
17     in an escrow or other depository account acceptable to the
18     Department Office of Banks and Real Estate until (i) the
19     fee title contracted for is delivered to the purchaser by
20     deed together with complete release from all financial
21     encumbrances; (ii) the owner, subdivider, or purchaser
22     defaults and fails to perform under the contract of sale
23     and there is final determination as to the disposition of
24     such moneys; or (iii) the funds in the escrow or other
25     account are voluntarily returned to the contract

 

 

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1     purchaser.
2         (2) The fee title to the subdivision is placed in trust
3     under an agreement or trust acceptable to the Department
4     Office of Banks and Real Estate until a proper release from
5     each blanket encumbrance, including all taxes, is obtained
6     and title is delivered to the purchaser.
7         (3) A bond to the State of Illinois is furnished to the
8     Department Office of Banks and Real Estate for the benefit
9     and protection of purchasers of such lots or parcels, in
10     the amount and subject to terms approved by the Department
11     Office of Banks and Real Estate. The bond shall be executed
12     by a surety company that is authorized to do business in
13     the State of Illinois and has given consent to be sued in
14     this State. The bond shall provide for the return of moneys
15     paid or advanced by a purchaser if (i) the title contracted
16     for is not delivered and (ii) a full release from each
17     blanket encumbrance is not obtained. If it is determined
18     that the purchaser, by reason of default or otherwise, is
19     not entitled to the return of those moneys, or any portion
20     of those moneys, then the bond is released by the amount of
21     moneys to which the purchaser of parcel is not entitled.
22         (4) The blanket encumbrance contains provisions
23     evidencing the subordination of the lien of the holder of
24     the blanket encumbrance to the rights of those persons
25     purchasing from the subdivider, and further evidencing
26     that the subdivider is able to secure releases from such

 

 

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1     blanket encumbrances with respect to the property.
2 (Source: P.A. 91-338, eff. 12-30-99.)
 
3     (765 ILCS 86/10-30)
4     (Section scheduled to be repealed on January 1, 2010)
5     Sec. 10-30. Failure to pay registration, and inspection, or
6 renewal fees; civil penalty. Any owner, subdivider, or agent
7 who fails to pay the registration, inspection, or renewal fees
8 when due shall be assessed a late fee or civil penalty of $100
9 per day for each day past the due date that the fee is not paid.
10 Practice by a registrant while in a non-renewed status
11 constitutes unregistered practice. Any penalties collected
12 under this Act shall be deposited into the Real Estate License
13 Administration Fund.
14 (Source: P.A. 91-338, eff. 12-30-99.)
 
15     (765 ILCS 86/15-5)
16     (Section scheduled to be repealed on January 1, 2010)
17     Sec. 15-5. Disciplinary action; civil penalty.
18     (a) The Department may refuse to issue or renew, or may
19 revoke, suspend, place on probation, reprimand, or take other
20 disciplinary or non-disciplinary action as the Department may
21 deem appropriate, including imposing fines not to exceed
22 $25,000 for each violation, with regard to any registration for
23 any one or combination of the following: Office of Banks and
24 Real Estate may refuse to issue or renew any certificate of

 

 

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1 registration, or revoke or suspend any certificate of
2 registration, or place on probation or administrative
3 supervision or reprimand a registrant registered under this
4 Act, or impose a civil penalty not to exceed $25,000, for any
5 one or any combination of the following causes:
6         (1) Violations of this Act, or of the rules promulgated
7     under this Act. A registrant's disregard or violation of
8     any provision of this Act or of the rules adopted by the
9     Office of Banks and Real Estate to enforce this Act.
10         (2) (Blank). A conviction of the registrant or any
11     principal of the registrant of (i) a felony under the laws
12     of any U.S. jurisdiction, (ii) a misdemeanor under the laws
13     of any U.S. jurisdiction if an essential element of the
14     offense is dishonesty, or (iii) a crime under the laws of
15     any U.S. jurisdiction if the crime relates directly to the
16     practice of the profession regulated by this Act.
17         (3) A registrant's making any misrepresentation for
18     the purpose of obtaining an exemption or certificate of
19     registration a registration or certificate.
20         (4) Disciplinary action against a registrant by
21     another U.S. jurisdiction, state agency, or foreign nation
22     regarding the making of land sales regulated by this Act,
23     if at least one of the grounds for the discipline is the
24     same as or substantially equivalent to one of those set
25     forth in this Act.
26         (5) A finding by the Department Office of Banks and

 

 

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1     Real Estate that the registrant, after having his or her
2     registration placed on probationary status, has violated
3     the terms of probation.
4         (6) A registrant's practicing or attempting to
5     practice under a name other than the name as shown on his
6     or her registration or any other legally authorized name.
7         (7) (Blank). A registrant's failure to file a return,
8     or to pay the tax, penalty, or interest shown in a filed
9     return, or to pay any final assessment of tax, penalty, or
10     interest, as required by any tax Act administered by the
11     Illinois Department of Revenue, until the requirements of
12     any such tax Act are satisfied.
13         (8) A registrant's engaging in dishonorable,
14     unethical, or unprofessional conduct of a character likely
15     to deceive, defraud, or harm the public.
16         (9) A registrant's aiding or abetting another person or
17     persons in disregarding or violating any provision of this
18     Act or of the rules adopted by the Department Office of
19     Banks and Real Estate to enforce this Act.
20         (10) Any representation in any document or information
21     filed with the Department Office of Banks and Real Estate
22     which is false or misleading.
23         (11) A registrant's disseminating or causing to be
24     disseminated any false or misleading promotional materials
25     or advertisements in connection with a registered
26     subdivision.

 

 

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1         (12) A registrant's concealing, diverting, or
2     disposing of any funds or assets of any person in a manner
3     that impairs the rights of purchasers of lots within a
4     registered subdivision.
5         (13) A registrant's failure to perform any stipulation
6     or agreement made to induce the Department Office of Banks
7     and Real Estate to issue an order relating to the
8     registered subdivision.
9         (14) A registrant's engaging in any act that
10     constitutes a violation of Section 3-102, 3-103, 3-104, or
11     3-105 of the Illinois Human Rights Act.
12         (15) A registrant's failure to provide information
13     requested in writing by the Department Office of Banks and
14     Real Estate, within 30 days of the request, either as the
15     result of a formal or informal complaint to the Office of
16     Banks and Real Estate or as a result of a random audit
17     conducted by the Office of Banks and Real Estate, which
18     would indicate a violation of this Act.
19         (16) A registrant's failure to account for or remit any
20     escrow funds coming into his or her possession which
21     belonged to others.
22         (17) A registrant's failure to make available to
23     Department Office of Banks and Real Estate personnel during
24     normal business hours all escrow records and related
25     documents maintained in connection therewith, within 24
26     hours of a request from Department Office of Banks and Real

 

 

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1     Estate personnel.
2         (18) A registrant's failure to comply with any
3     provision of this Act or the rules implementing this Act,
4     or any order made by the Department Office of Banks and
5     Real Estate.
6         (19) A person's offering for sale, as an agent,
7     salesman, or broker for a subdivider, developer, or owner,
8     subdivided lands or a subdivision, wherever situated,
9     without first complying with this Act.
10         (20) A registrant's failure to provide to the purchaser
11     a translation of the Illinois Public Property Report or any
12     contract, lien, or note as required by this Act.
13         (21) A registrant's advertising for sale in this State
14     any parcel in a subdivision, or in any other manner
15     assisting an owner, subdivider, or developer of a
16     subdivision who has not complied with this Act to offer
17     subdivided land within this State.
18         (22) A registrant's making any material change in the
19     plan of disposition and development of the subdivision or
20     subdivided lands subsequent to receiving a certificate of
21     registration, without obtaining written approval of an
22     amendment to the registration.
23         (23) A registrant's encumbering a lot or parcel, or
24     allowing a lot or parcel to be encumbered, after a contract
25     for its sale has been signed by the parties to the
26     contract.

 

 

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1     (b) (Blank). A civil penalty imposed under subsection (a)
2 shall be paid within 60 days after the effective date of the
3 order imposing the civil penalty. The order shall constitute a
4 judgment and may be filed and execution had thereon in the same
5 manner as any judgment from any court of record.
6     (c) Violation of tax Acts. The Department may refuse to
7 issue or renew or may suspend the registration of any person
8 who fails to file a return, pay the tax, penalty, or interest
9 shown in a filed return, or pay any final assessment of tax,
10 penalty, or interest, as required by any tax Act administered
11 by the Department of Revenue, until such time as the
12 requirements of that tax Act are satisfied in accordance with
13 subsection (g) of Section 2105-15 of the Civil Administrative
14 Code of Illinois.
15 (Source: P.A. 91-338, eff. 12-30-99.)
 
16     (765 ILCS 86/15-7 new)
17     Sec. 15-7. Civil penalties.
18     (a) In addition to any other penalty provided by law, any
19 person who violates this Act shall forfeit and pay a civil
20 penalty to the Department in an amount not to exceed $25,000
21 for each violation as determined by the Department. The civil
22 penalty shall be assessed by the Department in accordance with
23 the provisions of this Act.
24     (b) The Department has the authority and power to
25 investigate any and all unregistered activity.

 

 

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1     (c) The civil penalty shall be paid within 60 days after
2 the effective date of the order imposing the civil penalty. The
3 order shall constitute a judgment and may be filed and
4 execution had thereon in the same manner as any judgment from
5 any court of record.
6     (d) All moneys collected under this Section shall be
7 deposited into the Real Estate License Administration Fund.
 
8     (765 ILCS 86/15-10)
9     (Section scheduled to be repealed on January 1, 2010)
10     Sec. 15-10. Investigation. The Department Office of Banks
11 and Real Estate may investigate the actions or qualifications
12 of any person or persons holding or claiming to hold a
13 certificate of registration under this Act. Such a person is
14 referred to as "the respondent" in this Article.
15 (Source: P.A. 91-338, eff. 12-30-99.)
 
16     (765 ILCS 86/15-15)
17     (Section scheduled to be repealed on January 1, 2010)
18     Sec. 15-15. Disciplinary hearings; record; appointment of
19 administrative law judge.
20     (a) The Department Office of Banks and Real Estate has the
21 authority to conduct hearings before an administrative law
22 judge on proceedings to revoke, suspend, or refuse to issue or
23 renew a certificate of registration issued under this Act, or
24 to place on probation or administrative supervision or

 

 

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1 reprimand a registrant registered under this Act, or to impose
2 a civil penalty not to exceed $25,000 upon any registrant
3 registered under this Act.
4     (b) The Department Office of Banks and Real Estate, at its
5 expense, shall preserve a record of all proceedings at the
6 formal hearing of any case involving the refusal to issue or
7 the revocation or suspension of a certificate of registration
8 issued under this Act or involving other discipline of a
9 registrant registered under this Act. The notice of hearing,
10 complaint, and all other documents in the nature of pleadings
11 and written motions filed in the proceedings, the transcript of
12 testimony, the report of the administrative law judge, and the
13 orders of the Department Office of Banks and Real Estate shall
14 be the record of proceeding. At all hearings or prehearing
15 conferences, the Department Office of Banks and Real Estate and
16 the respondent shall be entitled to have a court reporter in
17 attendance for purposes of transcribing the proceeding or
18 prehearing conference.
19     (c) The Secretary Commissioner has the authority to appoint
20 any attorney duly licensed to practice law in the State of
21 Illinois to serve as an administrative law judge in any action
22 for refusal to issue or renew a certificate of registration or
23 to discipline a registrant or person holding a certificate of
24 registration. The administrative law judge has full authority
25 to conduct the hearing. The administrative law judge shall
26 report his or her findings and recommendations to the Secretary

 

 

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1 Commissioner. If the Secretary Commissioner disagrees with the
2 recommendation of the administrative law judge, the Secretary
3 Commissioner may issue an order in contravention of the
4 recommendation.
5 (Source: P.A. 91-338, eff. 12-30-99.)
 
6     (765 ILCS 86/15-20)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 15-20. Investigations; notice and hearing. Notice of
9 proposed disciplinary action; hearing. The Department may
10 investigate the actions of any applicant or of any person or
11 persons rendering or offering to render land sales services or
12 any person holding or claiming to hold a certificate of
13 registration as a registered land sales developer or
14 subdivision. The Department shall, before revoking,
15 suspending, placing on probation, reprimanding, or taking any
16 other disciplinary action under Section 80 of this Act, at
17 least 30 days before the date set for the hearing: (i) notify
18 the accused in writing of the charges made and the time and
19 place for the hearing on the charges, (ii) direct him or her to
20 file a written answer to the charges with the Department under
21 oath within 20 days after the service on him or her of the
22 notice, and (iii) inform the accused that, if he or she fails
23 to answer, default will be taken against him or her or that his
24 or her registration may be suspended, revoked, placed on
25 probationary status, or other disciplinary action taken with

 

 

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1 regard to the registration, including limiting the scope,
2 nature, or extent of his or her practice, as the Department may
3 consider proper. At the time and place fixed in the notice, the
4 Department shall proceed to hear the charges and the parties or
5 their counsel shall be accorded ample opportunity to present
6 any pertinent statements, testimony, evidence, and arguments.
7 The Department may continue the hearing from time to time. In
8 case the person, after receiving the notice, fails to file an
9 answer, his or her registration may, in the discretion of the
10 Department, be suspended, revoked, placed on probationary
11 status, or the Department may take whatever disciplinary action
12 considered proper, including limiting the scope, nature, or
13 extent of the person's practice or the imposition of a fine,
14 without a hearing, if the act or acts charged constitute
15 sufficient grounds for that action under this Act. The written
16 notice may be served by personal delivery or by certified mail
17 to the address specified by the accused in his or her last
18 notification with the Department.
19     (a) Before taking any disciplinary action with regard to
20 any registrant, the Office of Banks and Real Estate shall:
21         (1) notify the respondent in writing, at least 30
22     calendar days prior to the date set for the hearing, of any
23     charges made, the time and place for the hearing of the
24     charges, and that testimony at the hearing will be heard
25     under oath; and
26         (2) inform the respondent that upon failure to file an

 

 

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1     answer and request a hearing before the date originally set
2     for the hearing, default will be taken against the
3     respondent and the respondent's certificate of
4     registration may be suspended or revoked, or other
5     disciplinary action may be taken against the respondent, as
6     the Office of Banks and Real Estate may deem proper.
7     (b) If the respondent fails to file an answer after
8 receiving notice, the respondent's certificate of registration
9 may, in the discretion of the Office of Banks and Real Estate,
10 be revoked or suspended, or other disciplinary action may be
11 taken against the respondent, as deemed proper, without a
12 hearing, if the act or acts charged constitute sufficient
13 grounds for that action under this Act.
14     (c) At the time and place fixed in the notice, the Office
15 of Banks and Real Estate shall proceed to hearing of the
16 charges. Both the respondent and the complainant shall be
17 accorded ample opportunity to present in person, or by counsel,
18 statements, testimony, evidence, and argument that may be
19 pertinent to the charges or any defense to the charges.
20 (Source: P.A. 91-338, eff. 12-30-99.)
 
21     (765 ILCS 86/15-25)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 15-25. Subpoenas; attendance of witnesses; oaths.
24     (a) The Department Office of Banks and Real Estate has the
25 power to issue subpoenas ad testificandum and to bring before

 

 

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1 it any persons, and to take testimony either orally or by
2 deposition, or both, with the same fees and mileage and in the
3 same manner as prescribed in civil cases in the courts of this
4 State. The Department Office of Banks and Real Estate has the
5 power to issue subpoenas duces tecum and to bring before it any
6 documents, papers, files, books, and records, with the same
7 costs and in the same manner as prescribed in civil cases in
8 the courts of this State.
9     (b) Upon application of the Department Office of Banks and
10 Real Estate or its designee or of the applicant, registrant, or
11 person holding a certificate of registration against whom
12 proceedings under this Act are pending, any circuit court may
13 enter an order compelling the enforcement of any subpoena
14 issued by the Department Office of Banks and Real Estate in
15 connection with any hearing or investigation.
16     (c) The Secretary Commissioner and the designated
17 administrative law judge have power to administer oaths to
18 witnesses at any hearing that the Department Office of Banks
19 and Real Estate is authorized to conduct under this Act.
20 (Source: P.A. 91-338, eff. 12-30-99.)
 
21     (765 ILCS 86/15-30)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 15-30. Administrative law judge's findings of fact,
24 conclusions of law, and recommendations. At the conclusion of
25 the hearing, the administrative law judge shall present to the

 

 

09600SB0332sam001 - 31 - LRB096 06382 AJO 29980 a

1 Secretary Commissioner a written report of the administrative
2 law judge's findings of fact, conclusions of law, and
3 recommendations regarding discipline or a civil penalty. The
4 report shall contain a finding of whether or not the respondent
5 violated this Act or failed to comply with the conditions
6 required in this Act. The administrative law judge shall
7 specify the nature of the violation or failure to comply. If
8 the Secretary Commissioner disagrees in any regard with the
9 report of the administrative law judge, the Secretary
10 Commissioner may issue an order in contravention of the report.
11 The Commissioner shall provide a written report to the
12 administrative law judge on any deviation and shall specify
13 with particularity the reasons for that action in the final
14 order.
15 (Source: P.A. 91-338, eff. 12-30-99.)
 
16     (765 ILCS 86/15-35)
17     (Section scheduled to be repealed on January 1, 2010)
18     Sec. 15-35. Rehearing. After any hearing involving
19 disciplinary action against a registrant, a copy of the
20 administrative law judge's report shall be served on the
21 respondent by the Department Office of Banks and Real Estate,
22 either personally or as provided in this Act for the service of
23 the notice of hearing. Within 20 calendar days after the
24 service, the respondent may present to the Department Office of
25 Banks and Real Estate a motion in writing for a rehearing. The

 

 

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1 motion shall specify the particular grounds for rehearing. If
2 the respondent orders a transcript of the record from the
3 reporting service and pays for it within the time for filing a
4 motion for rehearing, the 20 calendar day period within which a
5 motion for rehearing may be filed shall commence upon the
6 delivery of the transcript to the respondent.
7     If no motion for rehearing is filed, then upon the
8 expiration of the time specified for filing a motion, or if a
9 motion for rehearing is denied, then upon denial, the Secretary
10 Commissioner may enter an order in accordance with the
11 recommendations of the administrative law judge, except as
12 otherwise provided in this Article. Whenever the Secretary
13 Commissioner is not satisfied that substantial justice has been
14 done in the hearing or in the administrative law judge's
15 report, the Secretary Commissioner may order a rehearing by the
16 same or some other duly qualified administrative law judge.
17 (Source: P.A. 91-338, eff. 12-30-99.)
 
18     (765 ILCS 86/15-40)
19     (Section scheduled to be repealed on January 1, 2010)
20     Sec. 15-40. Disciplinary consent orders. Notwithstanding
21 any other provisions of this Act concerning the conduct of
22 hearings and recommendations for disciplinary actions, the
23 Department Office of Banks and Real Estate has the authority to
24 negotiate agreements with registrants and applicants resulting
25 in disciplinary or non-disciplinary consent orders. Any such

 

 

09600SB0332sam001 - 33 - LRB096 06382 AJO 29980 a

1 consent order may provide for any form of discipline provided
2 for in the Act. Any such consent order shall provide that it is
3 not entered into as a result of any coercion by the Department
4 Office of Banks and Real Estate. The consent order shall be
5 final upon signature of the Secretary Any such consent order
6 shall be accepted by signature or rejected by the Commissioner
7 in a timely manner.
8 (Source: P.A. 91-338, eff. 12-30-99.)
 
9     (765 ILCS 86/15-45)
10     (Section scheduled to be repealed on January 1, 2010)
11     Sec. 15-45. Order or certified copy. An order or a
12 certified copy of an order, over the seal of the Department
13 Office of Banks and Real Estate and purporting to be signed by
14 the Secretary Commissioner, shall be prima facie proof of the
15 following:
16         (1) That the signature is the genuine signature of the
17     Secretary Commissioner.
18         (2) That the Secretary Commissioner is duly appointed
19     and qualified.
20         (3) That the administrative law judge is duly appointed
21     and qualified.
22 (Source: P.A. 91-338, eff. 12-30-99.)
 
23     (765 ILCS 86/15-50)
24     (Section scheduled to be repealed on January 1, 2010)

 

 

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1     Sec. 15-50. Restoration of certificate of registration.
2 Upon petition, after the successful completion of the term of
3 At any time after the suspension or revocation of any
4 certificate of registration, the Department Office of Banks and
5 Real Estate may restore the certificate of registration to the
6 respondent upon the written recommendation of the
7 administrative law judge, unless after an investigation and a
8 hearing the administrative law judge determines that
9 restoration is not in the public interest.
10 (Source: P.A. 91-338, eff. 12-30-99.)
 
11     (765 ILCS 86/15-55)
12     (Section scheduled to be repealed on January 1, 2010)
13     Sec. 15-55. Surrender of certificate of registration. Upon
14 the revocation or suspension of a certificate of registration,
15 the registrant shall immediately surrender the certificate of
16 registration to the Department Office of Banks and Real Estate.
17 If the registrant fails to do so, the Department Office of
18 Banks and Real Estate has the right to seize the certificate of
19 registration.
20 (Source: P.A. 91-338, eff. 12-30-99.)
 
21     (765 ILCS 86/15-60)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 15-60. Administrative Review Law; transcripts;
24 certifications of record; costs. All final administrative

 

 

09600SB0332sam001 - 35 - LRB096 06382 AJO 29980 a

1 decisions of the Department Office of Banks and Real Estate
2 under this Act are subject to judicial review under the
3 Administrative Review Law and the rules implementing that Law.
4 The term "administrative decision" is defined as in Section
5 3-101 of the Code of Civil Procedure. Proceedings for judicial
6 review shall be commenced in the circuit court of the county in
7 which the party applying for review resides, but if the party
8 is not a resident of this State, the venue shall be in Cook or
9 Sangamon County.
10     Pending the court's final decision on administrative
11 review, the acts, orders, sanctions, and rulings of the
12 Department Office of Banks and Real Estate regarding any
13 registration shall remain in full force and effect unless
14 modified or suspended by court order pending a final judicial
15 decision.
16     The Department, at its own expense, shall preserve a record
17 of all proceedings at the formal hearing of a case involving
18 the refusal to issue or renew a registration. The notice of
19 hearing, complaint, and all other documents in the nature of
20 pleadings and written motions filed in the proceedings, the
21 transcript of testimony, the report, and orders of the
22 Department shall be in the record of the proceeding.
23     The Department shall not be required to certify any record
24 to the court or file any answer in court or otherwise appear in
25 any court in a judicial review proceeding unless there is filed
26 in the court a receipt from the Department acknowledging

 

 

09600SB0332sam001 - 36 - LRB096 06382 AJO 29980 a

1 payment of the costs of furnishing and certifying the record,
2 which shall be computed at the rate of 20 cents per page of the
3 record. Failure on the part of a plaintiff to file a receipt in
4 court shall be grounds for dismissal of the action.
5     The Office of Banks and Real Estate shall not be required
6 to certify any record to the court or file any answer in court
7 or otherwise appear in any court in a judicial review
8 proceeding unless there is filed in the court, with the
9 complaint, a receipt from the Office of Banks and Real Estate
10 acknowledging payment of the costs of furnishing and certifying
11 the record. Failure on the part of the plaintiff to file a
12 receipt in the court is grounds for dismissal of the action.
13 (Source: P.A. 91-338, eff. 12-30-99.)
 
14     (765 ILCS 86/15-65)
15     (Section scheduled to be repealed on January 1, 2010)
16     Sec. 15-65. Public interest, safety, or welfare; summary
17 suspension. The Secretary Commissioner may temporarily suspend
18 any registration pursuant to this Act, without hearing,
19 simultaneously with the institution of proceedings for a
20 hearing provided for in this Section, if the Secretary
21 Commissioner finds that the evidence indicates that imminent
22 danger exists to the public interest, safety, or welfare
23 imperatively requires emergency action. If the Secretary
24 Commissioner temporarily suspends any registration without a
25 hearing, a hearing must be held within 30 calendar days after

 

 

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1 the suspension. The person whose registration is suspended may
2 seek a continuance of the hearing, during which the suspension
3 shall remain in effect. The proceeding shall be concluded
4 without appreciable delay.
5 (Source: P.A. 91-338, eff. 12-30-99.)
 
6     (765 ILCS 86/15-70)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 15-70. Non-registered practice; civil penalty;
9 injunction.
10     (a) Any person who practices, offers to practice, attempts
11 to practice, or holds himself or herself out to practice as a
12 registrant under this Act without being registered under this
13 Act shall, in addition to any other penalty provided by law,
14 pay a civil penalty to the Department Office of Banks and Real
15 Estate in an amount not to exceed $25,000 for each offense as
16 determined by the Department Office of Banks and Real Estate.
17 The civil penalty shall be assessed by the Department Office of
18 Banks and Real estate after a hearing is held in accordance
19 with the provisions set forth in this Act regarding the
20 provision of a hearing for the discipline of a registration.
21     (b) Whenever, in the opinion of the Department, a person
22 violates any provision of this Act, the Department may issue a
23 rule to show cause why an order to cease and desist should not
24 be entered against that person. The rule shall clearly set
25 forth the grounds relied upon by the Department and shall allow

 

 

09600SB0332sam001 - 38 - LRB096 06382 AJO 29980 a

1 at least 7 days after the date of the rule to file an answer
2 satisfactory to the Department. Failure to answer to the
3 satisfaction of the Department shall cause an order to cease
4 and desist to be issued The Office of Banks and Real Estate has
5 the authority and power to investigate any and all activity
6 subject to registration under this Act.
7     (c) A civil penalty imposed under subsection (a) shall be
8 paid within 60 days after the effective date of the order
9 imposing the civil penalty. The order shall constitute a
10 judgment and may be filed and execution had thereon in the same
11 manner as any judgment from any court of record.
12     (d) Engaging in the sale of land located outside the State
13 of Illinois but offered for sale in Illinois by any entity not
14 holding a valid and current registration under this Act is
15 declared to be inimical to the public welfare, to constitute a
16 public nuisance, and to cause irreparable harm to the public
17 welfare. The Secretary Commissioner, the Attorney General, the
18 State's Attorney of any county in the State, or any person may
19 maintain an action in the name of the People of the State of
20 Illinois, and may apply for injunctive relief in any circuit
21 court to enjoin the entity from engaging in the conduct
22 prohibited under this subsection. Upon the filing of a verified
23 petition in the court, the court, if satisfied by affidavit or
24 otherwise that the entity has been engaged in that conduct
25 without a valid and current registration, may enter a temporary
26 restraining order without notice or bond, enjoining the

 

 

09600SB0332sam001 - 39 - LRB096 06382 AJO 29980 a

1 defendant from such further conduct. Only the showing of
2 nonregistration, by affidavit or otherwise, is necessary in
3 order for a temporary injunction to issue. A copy of the
4 verified complaint shall be served upon the defendant and the
5 proceedings shall thereafter be conducted as in other civil
6 cases except as modified by this Section. If it is established
7 that the defendant has been or is engaged in such unlawful
8 conduct, the court may enter an order or judgment perpetually
9 enjoining the defendant from further unlawful conduct. In all
10 proceedings hereunder, the court, in its discretion, may
11 apportion the costs among the parties interested in the action,
12 including cost of filing the complaint, service of process,
13 witness fees and expenses, court reporter charges and
14 reasonable attorneys' fees. In the case of a violation of any
15 injunctive order entered under the provisions of this Section,
16 the court may summarily try and punish the offender for
17 contempt of court. Proceedings for an injunction under this
18 Section shall be in addition to, and not in lieu of, all
19 penalties and other remedies provided in this Act.
20 (Source: P.A. 91-338, eff. 12-30-99.)
 
21     (765 ILCS 86/15-75)
22     (Section scheduled to be repealed on January 1, 2010)
23     Sec. 15-75. Cease and desist orders. The Department Office
24 of Banks and Real Estate may issue a cease and desist order to
25 any person who engages in any activity prohibited by this Act.

 

 

09600SB0332sam001 - 40 - LRB096 06382 AJO 29980 a

1 Any person in violation of a cease and desist order entered by
2 the Department Office of Banks and Real Estate is subject to
3 all of the remedies provided by law.
4 (Source: P.A. 91-338, eff. 12-30-99.)
 
5     (765 ILCS 86/20-5)
6     (Section scheduled to be repealed on January 1, 2010)
7     Sec. 20-5. Administration of Act. The Department Office of
8 Banks and Real Estate shall exercise the powers and duties
9 prescribed by the Civil Administrative Code of Illinois and
10 shall exercise other powers and duties necessary for
11 effectuating the purposes of this Act. The Department Office of
12 Banks and Real Estate may contract with third parties for
13 services necessary for the proper administration of this Act.
14 The Department Office of Banks and Real Estate has the
15 authority to establish public policies and procedures
16 necessary for the administration of this Act.
17 (Source: P.A. 91-338, eff. 12-30-99.)
 
18     (765 ILCS 86/20-10)
19     (Section scheduled to be repealed on January 1, 2010)
20     Sec. 20-10. Administrative rules. The Department Office of
21 Banks and Real Estate shall adopt rules for the implementation
22 and enforcement of this Act.
23 (Source: P.A. 91-338, eff. 12-30-99.)
 

 

 

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1     (765 ILCS 86/20-15)
2     (Section scheduled to be repealed on January 1, 2010)
3     Sec. 20-15. Investigation of subdivisions. The Department
4 may Office of Banks and Real Estate shall investigate any every
5 subdivision offered for sale in this State and may:
6         (1) Require the applicant to submit reports prepared by
7     competent engineers concerning any hazard to which any
8     subdivision offered for sale is subject in the opinion of
9     the Department Office of Banks and Real Estate, or any
10     factor that affects the utility of lots or parcels within
11     the subdivision, and require evidence of compliance.
12         (2) Make an on-site inspection of each subdivision. In
13     connection with any on-site inspection, the owner,
14     subdivider, or agent shall defray all expenses incurred by
15     the inspector in the course of the inspection.
16         (3) Make additional on-site inspections of each
17     subdivision for which the owner, subdivider, or agent shall
18     defray all expenses incurred by the inspector in the course
19     of the inspection.
20         (4) Require the owner, subdivider, or agent to deposit
21     the expenses to be incurred in any inspection, in advance,
22     based upon an estimate by the Department Office of Banks
23     and Real Estate of the expenses likely to be incurred.
24         (5) In those cases where an on-site inspection of any
25     subdivision has been made under the provisions of this Act,
26     waive an inspection of a subsequent registration submitted

 

 

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1     as an amendment to the registration covering subdivided
2     land to be sold under the same common promotional plan. An
3     inspection of the subsequent registration may be made in
4     connection with the next succeeding on-site inspection.
5 (Source: P.A. 91-338, eff. 12-30-99.)
 
6     (765 ILCS 86/20-20)
7     (Section scheduled to be repealed on January 1, 2010)
8     Sec. 20-20. Forms. The Department Office of Banks and Real
9 Estate may prescribe forms and procedures for submitting to the
10 Department Office of Banks and Real Estate.
11 (Source: P.A. 91-338, eff. 12-30-99.)
 
12     (765 ILCS 86/20-25)
13     (Section scheduled to be repealed on January 1, 2010)
14     Sec. 20-25. Real Estate License Administration Fund. All
15 fees collected for registration and for civil penalties
16 pursuant to this Act and administrative rules adopted under
17 this Act shall be deposited into the Real Estate Administration
18 Fund. The moneys deposited in the Real Estate Administration
19 License Fund shall be appropriated to the Department Office of
20 Banks and Real Estate for expenses for the administration and
21 enforcement of this Act.
22 (Source: P.A. 91-338, eff. 12-30-99.)
 
23     Section 99. Effective date. This Act takes effect upon

 

 

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1 becoming law.".