State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Engrossed ][ Enrolled ]

91_HB2632

 
                                              LRB9105080DJcdA

 1        AN ACT concerning subdivided land that is located outside
 2    the  State  of  Illinois  and offered for sale to individuals
 3    located in Illinois.

 4        Be it enacted by the People of  the  State  of  Illinois,
 5    represented in the General Assembly:

 6                   Article 1.  General Provisions

 7        Section  1-1.  Short title.  This Act may be cited as the
 8    Land Sales Registration Act of 1999.

 9        Section 1-2.  Supersedes prior Act. This  Act  supersedes
10    the Land Sales Registration Act of 1989.

11        Section   1-5.   Declaration   of   public  policy.   The
12    practice of selling land that is located outside the State of
13    Illinois and offered for sale to individuals who are  located
14    in  the  State  of  Illinois is declared to affect the public
15    health, safety, and welfare and to be subject  to  regulation
16    and  control  in the public interest.  It is further declared
17    to be a matter  of  public  interest  and  concern  that  the
18    business  of  selling and conveying parcels of land from real
19    estate subdivisions located outside the State of Illinois and
20    the practice of land sales as defined in this Act  merit  and
21    receive  the confidence of the public, so that only qualified
22    persons be authorized to practice the sale  of  foreign  land
23    within  the  State  of Illinois.  This Act shall be liberally
24    construed to best carry out these subjects and purposes.

25        Section 1-10.  Definitions.   In  this  Act,  unless  the
26    context otherwise requires:
27        "Blanket  encumbrance"  means  a  trust  deed,  mortgage,
28    mechanics  lien,  or  any other lien or financial encumbrance
 
                            -2-               LRB9105080DJcdA
 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,
10    the  Office  of Banks and Real Estate Act, or this Act to act
11    in the Commissioner's stead.
12        "Common promotional plan" means a plan, undertaken  by  a
13    single  developer or a group of developers acting in concert,
14    to offer lots for sale or lease.  Where land is  offered  for
15    sale  by a developer or group of developers acting in concert
16    and the land  is  contiguous  or  is  known,  designated,  or
17    advertised  as a common unit or by a common name, the land is
18    presumed, without regard to the number  of  lots  covered  by
19    each  individual offering, to be offered for sale or lease as
20    part of a common promotional plan.
21        "Offer"  includes  every  inducement,  solicitation,   or
22    attempt  to  encourage  a  person to acquire an interest in a
23    subdivision or subdivided land, if  undertaken  for  gain  or
24    profit.
25        "Person"  means an individual, corporation, government or
26    governmental subdivision or agency, business  trust,  estate,
27    trust,  partnership, unincorporated association, 2 or more of
28    any of the foregoing having a joint or  common  interest,  or
29    any other legal or commercial entity.
30        "Sale"   includes  a sale, lease, assignment, or award by
31    lottery, or any offer or solicitation of an offer to  do  any
32    of  the  foregoing, concerning a subdivision or any part of a
33    subdivision, if undertaken for gain or profit.
34        "Subdivided land"  and  "subdivision"  mean  improved  or
 
                            -3-               LRB9105080DJcdA
 1    unimproved  lands  located  outside  the  State  of Illinois,
 2    divided or proposed to be divided into 25  or  more  lots  or
 3    parcels,  and  also  include  any land, whether contiguous or
 4    not, if 25 or more lots,  parcels,  units  or  interests  are
 5    offered as a part of a common promotional plan of advertising
 6    and sale.

 7        Section  1-15.  Powers  and duties of the Office of Banks
 8    and Real Estate.  The Office of Banks and Real  Estate  shall
 9    exercise  the powers and duties established by this Act.  The
10    Commissioner may adopt rules consistent with  the  provisions
11    of  this  Act  for its administration and enforcement and may
12    prescribe forms that shall be issued in connection with  this
13    Act.   The  Office  of  Banks  and  Real Estate shall issue a
14    certificate of registration  to  any  person  who  meets  the
15    qualifications set forth in this Act.

16                Article 5.  Registration Requirements

17        Section  5-5.  Registration  requirement; exemptions.  It
18    is unlawful for any person  to  engage  in  the  business  of
19    selling land that is located outside the State of Illinois to
20    any  individual  located in Illinois without a certificate of
21    registration issued by the Office of Banks  and  Real  Estate
22    pursuant  to  this Act.  Unless the method of sale is adopted
23    for the purpose of evasion of this  Act,  the  provisions  of
24    this  Act  do  not  apply  to  an  offer or disposition of an
25    interest in land:
26             (1)  by a purchaser  of  subdivided  lands  for  the
27        purchaser's   own   account   in  a  single  or  isolated
28        transaction;
29             (2)  if fewer than 25 separate lots, parcels,  units
30        or interests in subdivided lands are offered by a person;
31             (3)   on  which  there is a commercial or industrial
 
                            -4-               LRB9105080DJcdA
 1        building,  shopping  center,  house,   apartment   house,
 2        condominium  structure,  or  town  house,  or as to which
 3        there is a legal obligation on the part of the seller  to
 4        construct such a building within 2 years from the date of
 5        disposition;
 6             (4)   that  is  sold  for industrial, commercial, or
 7        institutional purposes;
 8             (5)  that consists of cemetery lots or interests;
 9             (6) that consists of a subdivision as to  which  the
10        plan  of sale is to dispose of it to 10 or fewer persons;
11        or
12             (7)  in  lots  or  parcels  of  20  or  more  acres,
13        unconditionally,  or of 10 or more acres if there is free
14        and ready access leading to county-maintained roads.

15        Section 5-10.  Application for registration.
16        (a) Before subdivided lands are  offered  for  sale,  the
17    subdivider  or  the  subdivider's  agent  shall file with the
18    Office of Banks and  Real  Estate  an  application  on  forms
19    supplied   by   the  Office  of  Banks  and  Real  Estate.  A
20    registration  fee  shall  accompany  the  application.    The
21    application shall contain all of the following information:
22             (1)   The name and address of the fee title owner of
23        the subdivided lands.
24             (2)  The name and address of the subdivider.
25             (3)  The  name  and  address  of  an  agent  of  the
26        subdivider  in  Illinois  authorized to accept service of
27        process on behalf of the subdivider.
28             (4)  The legal description and acreage of the lands,
29        together with a map showing the  layout  as  recorded  or
30        proposed  and  the  relation  of  the  lands  to existing
31        streets or roads, waterways, schools, churches,  shopping
32        centers,  and  local  bus and rail transportation, with a
33        statement of distances to each.
 
                            -5-               LRB9105080DJcdA
 1             (5)  A true statement as to title to the  subdivided
 2        land,  including  all  financial  encumbrances and unpaid
 3        taxes thereon.
 4             (6)  If subject property is in a land trust, a  true
 5        statement  of the names and addresses of all parties with
 6        a beneficial interest in the trust.
 7             (7)  A true statement of the terms and conditions by
 8        which it is intended the subdivided land  will  be  sold,
 9        together  with copies of any and all forms of contract or
10        conveyance intended to be used.  If a language other than
11        English was used in advertising the  property  or  during
12        the  sales  presentation, translations, in that language,
13        of the Illinois Public Property Report, any  contract  or
14        lien,  and  any  note  shall be provided to the purchaser
15        before the purchaser executes the contract.    A  receipt
16        for  these  translations  shall be obtained and a copy of
17        the receipt shall be kept available  in  this  State  and
18        subject  to  inspection  by  the Office of Banks and Real
19        Estate for 3 years from the date of the receipt.
20             (8)  A  true  statement  of  provision  for   sewage
21        disposal and public utilities, if any, in the proposed or
22        existing  subdivision, including water, electricity, gas,
23        and telephone facilities.
24             (9)   A  correct  reference  to  applicable   zoning
25        ordinances and regulations.
26             (10)    Certified   financial   statements   of  the
27        subdivider.
28             (11)  A proposed public  property  report,  suitable
29        for   distribution   to   any  proposed  purchaser  if  a
30        certificate  of  registration  is  issued,  which   shall
31        contain the following information:
32                  (A)  the  name  and  principal  address  of the
33             subdivider;
34                  (B)  a general description  of  the  subdivided
 
                            -6-               LRB9105080DJcdA
 1             lands,  stating  the  total number of lots, parcels,
 2             units, or interests in the offering;
 3                  (C)  the significant terms of any encumbrances,
 4             easements, liens, and restrictions, including zoning
 5             and other regulations affecting the subdivided lands
 6             and each  lot  or  unit,  and  a  statement  of  all
 7             existing  taxes  and  existing  or  proposed special
 8             taxes or  assessments  that  affect  the  subdivided
 9             lands;
10                  (D)   a  statement  of  the  use  for which the
11             property is offered;
12                  (E)   information   concerning    improvements,
13             including  streets,  water  supply, levees, drainage
14             control systems, irrigation systems, sewage disposal
15             facilities,  and  customary   utilities,   and   the
16             estimated    costs,    date   of   completion,   and
17             responsibility for construction and  maintenance  of
18             existing and proposed improvements that are referred
19             to in connection with the offering or disposition of
20             any interest in subdivided lands;
21                  (F)    a  statement  that  certified  financial
22             statements are available upon request; and
23                  (G)   such  additional  information  consistent
24             with this Act which may be required by the Office of
25             Banks and  Real  Estate  to  assure  full  and  fair
26             disclosure to prospective purchasers.
27        (b) The subdivider shall report all material changes with
28    respect  to  subdivided  lands registered for sale under this
29    Act, and the Office of Banks and Real Estate may require that
30    the  public  property  report  be  amended  to  reflect  such
31    material change.  In  the  event  the  subdivider  wishes  to
32    update  the  public property report, the subdivider may do so
33    upon proper application to  the  Office  of  Banks  and  Real
34    Estate.
 
                            -7-               LRB9105080DJcdA
 1        (c)  If  the  subdivider  registers additional subdivided
 2    lands to be offered for sale, the subdivider may  consolidate
 3    the  subsequent  registration  with  any earlier registration
 4    offering subdivided lands for sale under the same promotional
 5    plan, and the public property  report  shall  be  amended  to
 6    include the additional subdivided lands so registered.
 7        (d)  The  Office  of  Banks and Real Estate shall, at the
 8    time the application  is  submitted  or  from  time  to  time
 9    thereafter,  require  the  subdivider  to  furnish  financial
10    assurances, in the form of a performance bond, a surety bond,
11    or  an irrevocable letter of credit in the amount and subject
12    to terms and requirements approved by the Office of Banks and
13    Real Estate, for the purpose of protecting purchasers of lots
14    in the subdivision to ensure that the  improvements  will  be
15    constructed  and  maintained in the manner represented by the
16    subdivider. The Office of Banks and Real  Estate  may  accept
17    evidence  that  such  assurances  have  been  furnished  to a
18    foreign state, or a county or municipality within such state,
19    in fulfillment of this requirement.

20        Section 5-15.  Notice of filing; issuance of certificate;
21    renewal.
22        (a)  Upon receipt of the application for registration  in
23    proper  form, the Office of Banks and Real Estate shall issue
24    a notice of filing to the applicant.  Within 60 days from the
25    date of the notice of filing, the Office of  Banks  and  Real
26    Estate  shall enter an order registering the subdivided lands
27    or rejecting the registration.  If no order of  rejection  is
28    entered within 60 days from the date of notice of filing, the
29    land  shall  be  deemed  registered  unless the applicant has
30    consented in writing to a delay.
31        (b)  If the Office of Banks and Real Estate affirmatively
32    determines,  upon   inquiry   and   examination,   that   the
33    requirements  of   this  Act  have been met, it shall issue a
 
                            -8-               LRB9105080DJcdA
 1    certificate of registration registering the subdivided  lands
 2    and shall approve the form of the public property report.
 3        (c)   If  the Office of Banks and Real Estate determines,
 4    upon inquiry and examination, that any of the requirements of
 5    this Act have not been met, it  shall  notify  the  applicant
 6    that  the  application  for registration must be corrected in
 7    the  particulars  specified   within   15   days.    If   the
 8    requirements  are not met within the time allowed, the Office
 9    of Banks and Real Estate shall enter an order  rejecting  the
10    registration,  which  shall include the findings of fact upon
11    which  the  order  is  based.   The   order   rejecting   the
12    registration  shall  not become effective for 20 days, during
13    which time the applicant may petition for reconsideration and
14    shall be entitled to a hearing.
15        (d)  The Office of Banks and Real Estate may adopt  rules
16    authorizing the subdivider or the subdivider's agent to file,
17    as   the   subdivider's  application  for  a  certificate  of
18    registration in lieu of some or all of  the  requirements  of
19    Section  5-10,  (i)  a  copy of the statement of record filed
20    with respect to  the  subdivision  pursuant  to  the  Federal
21    Interstate  Land  Sales  Full Disclosure Act if the statement
22    complies  with  the  requirements  of  that   Act   and   the
23    regulations  pertinent  to  that  Act  or  (ii) an acceptable
24    certificate of  registration  from  another  jurisdiction  in
25    which the requirements for registration are substantially the
26    same  or  exceed those provided in this Act.  Notwithstanding
27    the requirements of Section 5-10, the  Office  of  Banks  and
28    Real Estate may suspend or revoke any registration under this
29    Section  that  includes any registration, property report, or
30    similar disclosure documents accepted under  this  subsection
31    if  the  registration, property report, or similar disclosure
32    is suspended or revoked by the registering state  or  by  the
33    federal government.
34        (e)   A  certificate  of  registration  issued under this
 
                            -9-               LRB9105080DJcdA
 1    Section shall  expire  on  June  30  following  the  date  of
 2    issuance.   In  the  absence of any reason or condition under
 3    Section 10-35 that might warrant the suspension or revocation
 4    of a  registration,  a  certificate  shall  be  renewed  upon
 5    payment  of the required fee and documentation as provided by
 6    rule.

 7        Section 5-20.  Fees.
 8        (a) The Office of Banks and Real Estate shall provide, by
 9    rule, for fees to be paid by applicants  and  registrants  to
10    cover  the  reasonable  costs of the Office of Banks and Real
11    Estate in administering and enforcing the provisions of  this
12    Act. The Office of Banks and Real Estate may also provide, by
13    rule,  for  general  fees to cover the reasonable expenses of
14    carrying out other functions and responsibilities under  this
15    Act.
16        (b)  All fees collected under this Act shall be paid into
17    the Real Estate License  Administration  Fund  in  the  State
18    treasury  and  appropriated  to  the Office of Banks and Real
19    Estate for administration  of  this  Act  or  any  other  Act
20    administered  by  the  Office  of  Banks  and Real Estate and
21    providing revenue to this fund.
22        (c) Any person who delivers a check or other  payment  to
23    the  Office  of Banks and Real Estate that is returned to the
24    Office of Banks and  Real  Estate  unpaid  by  the  financial
25    institution upon which it is drawn shall pay to the Office of
26    Banks and Real Estate, in addition to the amount already owed
27    to the Office of Banks and Real Estate, a fee of $50.
28        (d)  The  fees imposed by this Section are in addition to
29    any other disciplinary action provided  under  this  Act  for
30    unlicensed practice or practice on a non-renewed license.
31        (e)  The Office of Banks and Real Estate shall notify the
32    person that payment of fees and fines shall be  paid  to  the
33    Office  of  Banks and Real Estate by certified check or money
 
                            -10-              LRB9105080DJcdA
 1    order within 30 calendar days of the notification.  If, after
 2    the expiration of 30 days from the date of the  notification,
 3    the person has failed to submit the necessary remittance, the
 4    Office of Banks and Real Estate shall automatically terminate
 5    the  certificate  of  registration  or  deny the application,
 6    without hearing.  If, after termination or denial, the person
 7    seeks a certificate of registration, he or she shall apply to
 8    the Office of  Banks  and  Real  Estate  for  restoration  or
 9    issuance  of the certificate of registration and pay all fees
10    due the Office of Banks and Real  Estate.   The  Commissioner
11    may waive the fees due under this Section in individual cases
12    where   the   Commissioner  finds  that  the  fees  would  be
13    unreasonable or unnecessarily burdensome.

14        Section 5-25.  Public property report. When a certificate
15    of registration is granted by the Office of  Banks  and  Real
16    Estate,  a  copy of the public property report shall be given
17    by the  owner,  subdivider,  or  agent  to  each  prospective
18    purchaser  prior  to the execution of any binding contract or
19    agreement for the sale of any lot or parcel in a subdivision.
20    A receipt, in duplicate, shall be taken from  each  purchaser
21    to evidence compliance with this Section.  Receipts taken for
22    any  published  report shall be kept on file in possession of
23    the owner, subdivider, or agent, subject to inspection by the
24    Office of Banks and Real Estate for 3 years from the date the
25    receipt  is  taken.   The  report  shall  not  be  used   for
26    advertising  purposes  unless  the  report  is  used  in  its
27    entirety.   No  portion  of  the report shall be underscored,
28    italicized, or printed in larger or  heavier  type  than  any
29    other  portion  of  the  report, unless required by this Act.
30    The report shall contain the following statement:
31             If you received  this  report  prior  to  signing  a
32        contract  or  agreement,  you may cancel your contract or
33        agreement by giving notice to the seller any time  before
 
                            -11-              LRB9105080DJcdA
 1        midnight  of the seventh day following the signing of the
 2        contract or agreement.
 3             If you did not receive this report before you signed
 4        a contract or agreement, you may cancel the  contract  or
 5        agreement  any  time  within  2  years  from  the date of
 6        signing.

 7                   Article 10.  Business Practices

 8        Section 10-5.  Sales  contracts.   Every  sales  contract
 9    relating  to  the  purchase of real property in a subdivision
10    shall clearly state:
11             (1)  the legal description of the parcel being sold;
12             (2)  the principal balance  of  the  purchase  price
13        outstanding  at the date of the sale contract, after full
14        credit is given for down payment;
15             (3)  that the purchaser has the unconditional option
16        to rescind a contract until midnight of the  seventh  day
17        following  the  signing  of the contract if the purchaser
18        received a copy of the property  report  as  required  in
19        Section  5-10, and 2 years to rescind the contract if the
20        property report was not received;
21             (4)  which party is obligated to pay  the  costs  of
22        issuance  of  the  required title policy and recording of
23        all documents;
24             (5)  the latest date by which any promised  services
25        or  amenities,  which shall include but not be limited to
26        all those identified in the public property report or any
27        form of advertising, will be provided or completed; and
28             (6)   that  any  deed,   contract   for   deed,   or
29        installment  contract  shall  be recorded within 180 days
30        after the date of acceptance.

31        Section 10-10.  Title insurance.   The  subdivider  shall
 
                            -12-              LRB9105080DJcdA
 1    arrange  for the issuance of an owners title insurance policy
 2    following recording, subject only to the conditions contained
 3    in the contract and the standard exceptions contained in  the
 4    title  policy. If there are defects in the title rendering it
 5    uninsurable, the purchaser has the option of  reconveying  or
 6    releasing  the  lot and receiving a refund of all moneys paid
 7    under the contract, and the purchaser shall be released  from
 8    any and all obligations under the contract.

 9        Section  10-15.  Copies  of  instruments.  A  copy of the
10    instruments executed in connection with the sale  of  parcels
11    within  a  subdivision  shall be kept available in this State
12    and subject to inspection by the Office  of  Banks  and  Real
13    Estate.    The  Office  of  Banks  and  Real  Estate shall be
14    notified of any change of address affecting the  location  of
15    the  owner's,  subdivider's,  or  agent's  records, or of any
16    change in the depository for purchasers' payments under  this
17    Act.

18        Section   10-20.  Sale  of  encumbered  lots  prohibited;
19    exceptions. It is unlawful for the  owner  or  subdivider  to
20    sell  lots  or  parcels  within  a  subdivision  subject to a
21    blanket encumbrance unless one of the following conditions is
22    met:
23             (1)  All sums paid or advanced by  a  purchaser  are
24        placed   in   an   escrow  or  other  depository  account
25        acceptable to the Office of Banks and Real  Estate  until
26        (i)  the  fee  title  contracted  for is delivered to the
27        purchaser by deed together with complete release from all
28        financial encumbrances; (ii) the  owner,  subdivider,  or
29        purchaser   defaults  and  fails  to  perform  under  the
30        contract of sale and there is final determination  as  to
31        the disposition of such moneys; or (iii) the funds in the
32        escrow  or  other account are voluntarily returned to the
 
                            -13-              LRB9105080DJcdA
 1        contract purchaser.
 2             (2)  The fee title to the subdivision is  placed  in
 3        trust  under  an  agreement  or  trust  acceptable to the
 4        Office of Banks and Real Estate until  a  proper  release
 5        from  each  blanket  encumbrance, including all taxes, is
 6        obtained and title is delivered to the purchaser.
 7             (3)  A bond to the State of Illinois is furnished to
 8        the Office of Banks and Real Estate for the  benefit  and
 9        protection  of purchasers of such lots or parcels, in the
10        amount and subject to terms approved  by  the  Office  of
11        Banks  and  Real  Estate. The bond shall be executed by a
12        surety company that is authorized to do business  in  the
13        State  of  Illinois  and  has given consent to be sued in
14        this State.  The bond shall provide  for  the  return  of
15        moneys  paid  or advanced by a purchaser if (i) the title
16        contracted for is not delivered and (ii) a  full  release
17        from  each blanket encumbrance is not obtained.  If it is
18        determined that the purchaser, by reason  of  default  or
19        otherwise, is not entitled to the return of those moneys,
20        or any portion of those moneys, then the bond is released
21        by  the amount of moneys to which the purchaser of parcel
22        is not entitled.
23             (4)  The  blanket  encumbrance  contains  provisions
24        evidencing the subordination of the lien of the holder of
25        the  blanket  encumbrance  to the rights of those persons
26        purchasing from the subdivider,  and  further  evidencing
27        that  the subdivider is able to secure releases from such
28        blanket encumbrances with respect to the property.

29        Section  10-25.  False  statement  or  misrepresentation;
30    penalty.    Every officer, agent, or employee of any owner or
31    subdivider of land, and every  other  person,  who  knowingly
32    authorizes,    directs,   or   aids   in   the   publication,
33    advertisement, distribution, or circularization or any  false
 
                            -14-              LRB9105080DJcdA
 1    statement  or  misrepresentation  concerning any such land or
 2    subdivision offered for sale commits a Class 4 felony.
 3        Every person,  with  knowledge  that  any  advertisement,
 4    pamphlet,  prospectus,  or letter concerning any such land or
 5    subdivision contains any written statement that is  false  or
 6    fraudulent, who issues, circulates, publishes, or distributes
 7    the advertisement, pamphlet, prospectus, or letter, or causes
 8    the  advertisement,  pamphlet,  prospectus,  or  letter to be
 9    issued, circulated,  published,  or  distributed,  commits  a
10    Class 4 felony.

11        Section   10-30.  Failure   to   pay   registration   and
12    inspection  fees;  civil  penalty.  Any owner, subdivider, or
13    agent who fails  to  pay  the  registration,  inspection,  or
14    renewal  fees  when  due shall be assessed a civil penalty of
15    $100 per day for each day past the due date that the  fee  is
16    not  paid.   Practice  by a registrant while in a non-renewed
17    status constitutes  unregistered  practice.    Any  penalties
18    collected  under  this  Act  shall be deposited into the Real
19    Estate License Administration Fund.

20                Article 15.  Disciplinary Provisions

21        Section  15-5.  Disciplinary action; civil penalty.
22        (a)  The Office of Banks and Real Estate  may  refuse  to
23    issue  or renew any certificate of registration, or revoke or
24    suspend  any  certificate  of  registration,  or   place   on
25    probation   or  administrative  supervision  or  reprimand  a
26    registrant registered under  this  Act,  or  impose  a  civil
27    penalty not to exceed $25,000, for any one or any combination
28    of the following causes:
29             (1)   A  registrant's  disregard or violation of any
30        provision of this Act or of  the  rules  adopted  by  the
31        Office of Banks and Real Estate to enforce this Act.
 
                            -15-              LRB9105080DJcdA
 1             (2)  A conviction of the registrant or any principal
 2        of  the  registrant of (i) a felony under the laws of any
 3        U.S. jurisdiction, (ii) a misdemeanor under the  laws  of
 4        any  U.S.  jurisdiction  if  an  essential element of the
 5        offense is dishonesty, or (iii) a crime under the laws of
 6        any U.S. jurisdiction if the crime  relates  directly  to
 7        the practice of the profession regulated by this Act.
 8             (3)  A registrant's making any misrepresentation for
 9        the purpose of obtaining a registration or certificate.
10             (4) Disciplinary  action  against  a  registrant  by
11        another  U.S.  jurisdiction,  state  agency,  or  foreign
12        nation  regarding  the  making of land sales regulated by
13        this Act,  if  at  least  one  of  the  grounds  for  the
14        discipline  is the same as or substantially equivalent to
15        one of those set forth in this Act.
16             (5)  A finding by  the  Office  of  Banks  and  Real
17        Estate  that  the  registrant,  after  having  his or her
18        registration placed on probationary status, has  violated
19        the terms of probation.
20             (6)   A  registrant's  practicing  or  attempting to
21        practice under a name other than the name as shown on his
22        or her registration or any other legally authorized name.
23             (7) A registrant's failure to file a return,  or  to
24        pay  the  tax,  penalty,  or  interest  shown  in a filed
25        return, or to pay any final assessment of  tax,  penalty,
26        or  interest,  as required by any tax Act administered by
27        the   Illinois   Department   of   Revenue,   until   the
28        requirements of any such tax Act are satisfied.
29             (8)  A  registrant's   engaging   in   dishonorable,
30        unethical,  or  unprofessional  conduct  of  a  character
31        likely to deceive, defraud, or harm the public.
32             (9) A registrant's aiding or abetting another person
33        or  persons in disregarding or violating any provision of
34        this Act or of the rules adopted by the Office  of  Banks
 
                            -16-              LRB9105080DJcdA
 1        and Real Estate to enforce this Act.
 2             (10)    Any   representation   in  any  document  or
 3        information filed with  the  Office  of  Banks  and  Real
 4        Estate which is false or misleading.
 5             (11)  A  registrant's disseminating or causing to be
 6        disseminated  any   false   or   misleading   promotional
 7        materials   or   advertisements   in  connection  with  a
 8        registered subdivision.
 9             (12)  A  registrant's  concealing,   diverting,   or
10        disposing  of  any  funds  or  assets  of any person in a
11        manner that impairs the  rights  of  purchasers  of  lots
12        within a registered subdivision.
13             (13)   A   registrant's   failure   to  perform  any
14        stipulation or agreement made to  induce  the  Office  of
15        Banks  and  Real Estate to issue an order relating to the
16        registered subdivision.
17             (14)  A  registrant's  engaging  in  any  act   that
18        constitutes  a violation  of Section 3-102, 3-103, 3-104,
19        or 3-105 of the Illinois Human Rights Act.
20             (15) A registrant's failure to  provide  information
21        requested  in  writing  by  the  Office of Banks and Real
22        Estate, within 30 days of  the  request,  either  as  the
23        result of a formal or informal complaint to the Office of
24        Banks  and  Real Estate or as a result of a  random audit
25        conducted by the Office of Banks and Real  Estate,  which
26        would indicate a violation of this Act.
27             (16)  A registrant's failure to account for or remit
28        any escrow funds coming into his or her possession  which
29        belonged to others.
30             (17)  A  registrant's  failure  to make available to
31        Office of Banks and Real Estate personnel  during  normal
32        business  hours  all escrow records and related documents
33        maintained in connection therewith, within 24 hours of  a
34        request from Office of Banks and Real Estate personnel.
 
                            -17-              LRB9105080DJcdA
 1             (18)  A  registrant's  failure  to  comply  with any
 2        provision of this Act or the rules implementing this Act,
 3        or any order made by the Office of Banks and Real Estate.
 4             (19) A person's offering  for  sale,  as  an  agent,
 5        salesman,  or  broker  for  a  subdivider,  developer, or
 6        owner,  subdivided  lands  or  a  subdivision,   wherever
 7        situated, without first complying with this Act.
 8             (20)  A  registrant's  failure  to  provide  to  the
 9        purchaser  a  translation of the Illinois Public Property
10        Report or any contract, lien, or note as required by this
11        Act.
12             (21) A registrant's advertising  for  sale  in  this
13        State any parcel in a subdivision, or in any other manner
14        assisting   an  owner,  subdivider,  or  developer  of  a
15        subdivision who has not complied with this Act  to  offer
16        subdivided land within this State.
17             (22)  A  registrant's  making any material change in
18        the  plan  of  disposition   and   development   of   the
19        subdivision or subdivided lands subsequent to receiving a
20        certificate  of  registration,  without obtaining written
21        approval of an amendment to the registration.
22             (23) A registrant's encumbering a lot or parcel,  or
23        allowing  a  lot  or  parcel  to  be  encumbered, after a
24        contract for its sale has been signed by the  parties  to
25        the contract.
26        (b)  A  civil  penalty imposed under subsection (a) shall
27    be paid within 60 days after the effective date of the  order
28    imposing  the  civil  penalty.   The order shall constitute a
29    judgment and may be filed and execution had  thereon  in  the
30    same manner as any judgment from any court of record.

31        Section   15-10.  Investigation.  The Office of Banks and
32    Real Estate may investigate the actions or qualifications  of
33    any   person  or  persons  holding  or  claiming  to  hold  a
 
                            -18-              LRB9105080DJcdA
 1    certificate of  registration under this Act.  Such  a  person
 2    is referred to as "the respondent" in this Article.

 3        Section      15-15.  Disciplinary    hearings;    record;
 4    appointment of administrative law judge.
 5        (a) The Office of Banks and Real Estate has the authority
 6    to conduct hearings before an  administrative  law  judge  on
 7    proceedings to revoke, suspend, or refuse to issue or renew a
 8    certificate  of  registration  issued  under  this Act, or to
 9    place on probation or administrative supervision or reprimand
10    a registrant registered under this Act, or to impose a  civil
11    penalty  not to exceed $25,000 upon any registrant registered
12    under this Act.
13        (b) The Office of Banks and Real Estate, at its  expense,
14    shall  preserve  a  record  of  all proceedings at the formal
15    hearing of any case involving the refusal  to  issue  or  the
16    revocation  or  suspension  of  a certificate of registration
17    issued under this Act or  involving  other  discipline  of  a
18    registrant  registered under this Act. The notice of hearing,
19    complaint, and all other documents in the nature of pleadings
20    and written motions filed in the proceedings, the  transcript
21    of testimony, the report of the administrative law judge, and
22    the  orders  of  the Office of Banks and Real Estate shall be
23    the record of proceeding.   At  all  hearings  or  prehearing
24    conferences,  the  Office  of  Banks  and Real Estate and the
25    respondent shall be entitled to  have  a  court  reporter  in
26    attendance  for  purposes  of  transcribing the proceeding or
27    prehearing conference.
28        (c) The Commissioner has the  authority  to  appoint  any
29    attorney  duly  licensed  to  practice  law  in  the State of
30    Illinois to serve as  an  administrative  law  judge  in  any
31    action  for  refusal  to  issue  or  renew  a  certificate of
32    registration or to discipline a registrant or person  holding
33    a  certificate of registration.  The administrative law judge
 
                            -19-              LRB9105080DJcdA
 1    has   full   authority   to   conduct   the   hearing.    The
 2    administrative law judge shall report his or her findings and
 3    recommendations to the Commissioner.    If  the  Commissioner
 4    disagrees  with  the recommendation of the administrative law
 5    judge, the Commissioner may issue an order  in  contravention
 6    of the recommendation.

 7        Section  15-20.  Notice  of proposed disciplinary action;
 8    hearing.
 9        (a) Before taking any disciplinary action with regard  to
10    any registrant, the Office of Banks and Real Estate shall:
11             (1)   notify the respondent in writing, at  least 30
12        calendar days prior to the date set for the  hearing,  of
13        any  charges  made, the time and place for the hearing of
14        the charges, and that testimony at the  hearing  will  be
15        heard under oath; and
16             (2)  inform the respondent that upon failure to file
17        an   answer   and  request  a  hearing  before  the  date
18        originally set for the hearing,  default  will  be  taken
19        against  the respondent and the respondent's  certificate
20        of registration may be suspended  or  revoked,  or  other
21        disciplinary  action may be taken against the respondent,
22        as the Office of Banks and Real Estate may deem proper.
23        (b) If the respondent  fails  to  file  an  answer  after
24    receiving    notice,    the   respondent's   certificate   of
25    registration may, in the discretion of the  Office  of  Banks
26    and   Real   Estate,   be  revoked  or  suspended,  or  other
27    disciplinary action may be taken against the  respondent,  as
28    deemed  proper, without a hearing, if the act or acts charged
29    constitute sufficient grounds for that action under this Act.
30        (c) At the time and place fixed in the notice, the Office
31    of Banks and Real Estate shall  proceed  to  hearing  of  the
32    charges.   Both  the  respondent and the complainant shall be
33    accorded ample  opportunity  to  present  in  person,  or  by
 
                            -20-              LRB9105080DJcdA
 1    counsel,  statements,  testimony, evidence, and argument that
 2    may be pertinent  to  the  charges  or  any  defense  to  the
 3    charges.

 4        Section   15-25.  Subpoenas;   attendance  of  witnesses;
 5    oaths.
 6        (a) The Office of Banks and Real Estate has the power  to
 7    issue  subpoenas  ad testificandum and to bring before it any
 8    persons,  and  to  take  testimony  either   orally   or   by
 9    deposition,  or  both,  with the same fees and mileage and in
10    the same manner as prescribed in civil cases in the courts of
11    this State.  The Office of Banks  and  Real  Estate  has  the
12    power  to  issue subpoenas duces tecum and to bring before it
13    any documents, papers, files, books, and  records,  with  the
14    same  costs  and  in  the  same manner as prescribed in civil
15    cases in the courts of this State.
16        (b)  Upon application of the Office  of  Banks  and  Real
17    Estate  or  its  designee or of the applicant, registrant, or
18    person holding a certificate  of  registration  against  whom
19    proceedings under this Act are pending, any circuit court may
20    enter  an  order  compelling  the enforcement of any subpoena
21    issued by the Office of Banks and Real Estate  in  connection
22    with any hearing or investigation.
23        (c)  The  Commissioner  and the designated administrative
24    law judge have power to administer oaths to witnesses at  any
25    hearing   that  the  Office  of  Banks  and  Real  Estate  is
26    authorized to conduct under this Act.

27        Section 15-30.  Administrative law  judge's  findings  of
28    fact,  conclusions  of  law,  and  recommendations.    At the
29    conclusion of the hearing, the administrative law judge shall
30    present  to  the  Commissioner  a  written  report   of   the
31    administrative  law  judge's findings of fact, conclusions of
32    law, and recommendations  regarding  discipline  or  a  civil
 
                            -21-              LRB9105080DJcdA
 1    penalty.   The  report  shall contain a finding of whether or
 2    not the respondent violated this Act or failed to comply with
 3    the conditions required in this Act.  The administrative  law
 4    judge shall specify the nature of the violation or failure to
 5    comply.  If the Commissioner disagrees in any regard with the
 6    report of the administrative law judge, the Commissioner  may
 7    issue   an   order  in  contravention  of  the  report.   The
 8    Commissioner  shall  provide  a   written   report   to   the
 9    administrative  law  judge on any deviation and shall specify
10    with particularity the reasons for that action in  the  final
11    order.

12        Section  15-35.  Rehearing.   After any hearing involving
13    disciplinary action against  a  registrant,  a  copy  of  the
14    administrative  law  judge's  report  shall  be served on the
15    respondent by the Office of Banks  and  Real  Estate,  either
16    personally  or as provided in this Act for the service of the
17    notice  of  hearing.   Within  20  calendar  days  after  the
18    service, the respondent may present to the  Office  of  Banks
19    and  Real  Estate  a  motion in writing for a rehearing.  The
20    motion shall specify the particular grounds for rehearing. If
21    the respondent orders a transcript of  the  record  from  the
22    reporting  service and pays for it within the time for filing
23    a motion for rehearing, the 20  calendar  day  period  within
24    which a motion for rehearing may be filed shall commence upon
25    the delivery of the transcript to the respondent.
26        If  no  motion  for  rehearing  is  filed,  then upon the
27    expiration of the time specified for filing a motion, or if a
28    motion  for  rehearing  is  denied,  then  upon  denial,  the
29    Commissioner may  enter  an  order  in  accordance  with  the
30    recommendations  of  the  administrative law judge, except as
31    otherwise    provided   in   this   Article.   Whenever   the
32    Commissioner is not satisfied that  substantial  justice  has
33    been done in the hearing or in the administrative law judge's
 
                            -22-              LRB9105080DJcdA
 1    report, the Commissioner may order a rehearing by the same or
 2    some other duly qualified Administrative law judge.

 3        Section 15-40.  Disciplinary        consent       orders.
 4    Notwithstanding any other provisions of this  Act  concerning
 5    the  conduct of hearings and recommendations for disciplinary
 6    actions,  the  Office  of  Banks  and  Real  Estate  has  the
 7    authority  to  negotiate  agreements  with  registrants   and
 8    applicants  resulting  in  disciplinary  consent orders.  Any
 9    such consent order may provide for  any  form  of  discipline
10    provided for in the Act. Any such consent order shall provide
11    that  it  is  not entered into as a result of any coercion by
12    the Office of Banks and Real Estate.  Any such consent  order
13    shall   be    accepted   by  signature  or  rejected  by  the
14    Commissioner in a timely manner.

15        Section 15-45.  Order or certified copy.  An order  or  a
16    certified  copy  of  an order, over the seal of the Office of
17    Banks and Real Estate and purporting  to  be  signed  by  the
18    Commissioner, shall be prima facie proof of the following:
19             (1)   That the signature is the genuine signature of
20        the Commissioner.
21             (2)  That the Commissioner  is  duly  appointed  and
22        qualified.
23             (3)   That  the  administrative  law  judge  is duly
24        appointed and qualified.

25        Section 15-50.  Restoration     of     certificate     of
26    registration.  At any time after the suspension or revocation
27    of any certificate of registration, the Office of  Banks  and
28    Real  Estate  may  restore the certificate of registration to
29    the  respondent  upon  the  written  recommendation  of   the
30    administrative law judge, unless after an investigation and a
31    hearing   the   administrative   law  judge  determines  that
 
                            -23-              LRB9105080DJcdA
 1    restoration is not in the public interest.

 2        Section 15-55.  Surrender of certificate of registration.
 3    Upon  the  revocation  or  suspension  of  a  certificate  of
 4    registration, the registrant shall immediately surrender  the
 5    certificate  of  registration to the Office of Banks and Real
 6    Estate.  If the registrant fails to  do  so,  the  Office  of
 7    Banks  and Real Estate has the right to seize the certificate
 8    of registration.

 9        Section 15-60.  Administrative  Review  Law.   All  final
10    administrative  decisions  of  the  Office  of Banks and Real
11    Estate under this Act are subject to  judicial  review  under
12    the  Administrative  Review  Law   and the rules implementing
13    that Law.  The term "administrative decision" is  defined  as
14    in  Section 3-101 of the Code of Civil Procedure. Proceedings
15    for judicial review shall be commenced in the  circuit  court
16    of the county in which the party applying for review resides,
17    but  if  the party is not a resident of this State, the venue
18    shall be in Cook or Sangamon County.
19        Pending the  court's  final  decision  on  administrative
20    review,  the  acts,  orders,  sanctions,  and  rulings of the
21    Office of Banks and Real Estate  regarding  any  registration
22    shall  remain  in  full  force  and effect unless modified or
23    suspended by court order pending a final judicial decision.
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
26    court  or  otherwise appear in any court in a judicial review
27    proceeding unless there is  filed  in  the  court,  with  the
28    complaint, a receipt from the Office of Banks and Real Estate
29    acknowledging   payment   of  the  costs  of  furnishing  and
30    certifying the record. Failure on the part of  the  plaintiff
31    to  file  a  receipt in the court is grounds for dismissal of
32    the action.
 
                            -24-              LRB9105080DJcdA
 1        Section  15-65.  Public  interest,  safety,  or  welfare;
 2    summary suspension.  The Commissioner may temporarily suspend
 3    any registration  pursuant  to  this  Act,  without  hearing,
 4    simultaneously  with  the  institution  of  proceedings for a
 5    hearing provided for in this  Section,  if  the  Commissioner
 6    finds  that  the evidence indicates that the public interest,
 7    safety, or welfare imperatively  requires  emergency  action.
 8    If  the  Commissioner  temporarily  suspends any registration
 9    without a hearing, a hearing must be held within 30  calendar
10    days  after the suspension.  The person whose registration is
11    suspended may seek a continuance of the hearing, during which
12    the suspension shall remain in effect.  The proceeding  shall
13    be concluded without appreciable delay.

14        Section  15-70.  Non-registered  practice; civil penalty;
15    injunction.
16        (a)   Any  person  who  practices,  offers  to  practice,
17    attempts to practice, or holds  himself  or  herself  out  to
18    practice  as  a  registrant  under  this  Act  without  being
19    registered  under  this  Act  shall, in addition to any other
20    penalty provided by law, pay a civil penalty to the Office of
21    Banks and Real Estate in an amount not to exceed $25,000  for
22    each  offense  as  determined by the Office of Banks and Real
23    Estate.  The civil penalty shall be assessed by the Office of
24    Banks and Real estate after a hearing is held  in  accordance
25    with  the  provisions  set  forth  in  this Act regarding the
26    provision of a hearing for the discipline of a registration.
27        (b)  The  Office  of  Banks  and  Real  Estate  has   the
28    authority  and  power  to  investigate  any  and all activity
29    subject to registration under this Act.
30        (c)  A civil penalty imposed under subsection  (a)  shall
31    be  paid within 60 days after the effective date of the order
32    imposing the civil penalty.  The  order  shall  constitute  a
33    judgment  and  may  be filed and execution had thereon in the
 
                            -25-              LRB9105080DJcdA
 1    same manner as any judgment from any court of record.
 2        (d)  Engaging in the sale of  land  located  outside  the
 3    State  of  Illinois  but  offered for sale in Illinois by any
 4    entity not holding a valid  and  current  registration  under
 5    this Act is declared to be inimical to the public welfare, to
 6    constitute  a  public nuisance, and to cause irreparable harm
 7    to  the  public  welfare.   The  Commissioner,  the  Attorney
 8    General, the State's Attorney of any county in the State,  or
 9    any  person  may maintain an action in the name of the People
10    of the State of Illinois, and may apply for injunctive relief
11    in any circuit court to enjoin the entity  from  engaging  in
12    the  conduct  prohibited  under  this  subsection.   Upon the
13    filing of a verified petition in the  court,  the  court,  if
14    satisfied  by affidavit or otherwise that the entity has been
15    engaged  in  that  conduct  without  a  valid   and   current
16    registration, may enter a temporary restraining order without
17    notice  or  bond,  enjoining  the defendant from such further
18    conduct.  Only the showing of nonregistration,  by  affidavit
19    or   otherwise,   is  necessary  in  order  for  a  temporary
20    injunction to issue.  A copy of the verified complaint  shall
21    be  served  upon  the  defendant  and  the  proceedings shall
22    thereafter be conducted as in other  civil  cases  except  as
23    modified  by  this  Section.   If  it is established that the
24    defendant has been or is engaged in  such  unlawful  conduct,
25    the   court  may  enter  an  order  or  judgment  perpetually
26    enjoining the defendant from further  unlawful  conduct.   In
27    all  proceedings hereunder, the court, in its discretion, may
28    apportion the costs  among  the  parties  interested  in  the
29    action,  including  cost  of filing the complaint, service of
30    process, witness fees and expenses,  court  reporter  charges
31    and  reasonable  attorneys' fees.  In the case of a violation
32    of any injunctive order entered under the provisions of  this
33    Section,  the court may summarily try and punish the offender
34    for contempt of court.  Proceedings for an  injunction  under
 
                            -26-              LRB9105080DJcdA
 1    this Section shall be in addition to, and not in lieu of, all
 2    penalties and other remedies provided in this Act.

 3        Section  15-75.  Cease  and desist orders.  The Office of
 4    Banks and Real Estate may issue a cease and desist  order  to
 5    any  person  who  engages  in any activity prohibited by this
 6    Act.  Any person in violation of a  cease  and  desist  order
 7    entered  by the Office of Banks and Real Estate is subject to
 8    all of the remedies provided by law.

 9        Section 15-80.  Statute of limitations.   Any  action  or
10    proceeding  to  enforce  any  provision  of  this Act must be
11    commenced within 3 years following  the  date  on  which  the
12    claim upon which the action or proceeding is based accrues.

13                     Article 20.  Administration

14        Section  20-5.  Administration  of  Act.   The  Office of
15    Banks and Real Estate shall exercise the  powers  and  duties
16    prescribed  by  the Civil Administrative Code of Illinois and
17    shall  exercise  other  powers  and  duties   necessary   for
18    effectuating  the  purposes of this Act.  The Office of Banks
19    and Real Estate may contract with third parties for  services
20    necessary  for  the  proper  administration of this Act.  The
21    Office  of  Banks  and  Real  Estate  has  the  authority  to
22    establish public policies and procedures  necessary  for  the
23    administration of this Act.

24        Section  20-10.  Administrative  rules.   The  Office  of
25    Banks   and   Real   Estate   shall   adopt   rules  for  the
26    implementation and enforcement of this Act.

27        Section  20-15.  Investigation  of   subdivisions.    The
28    Office  of  Banks  and  Real  Estate  shall investigate every
 
                            -27-              LRB9105080DJcdA
 1    subdivision offered for sale in this State and may:
 2             (1)   Require  the  applicant  to   submit   reports
 3        prepared  by competent engineers concerning any hazard to
 4        which any subdivision offered for sale is subject in  the
 5        opinion  of  the  Office of Banks and Real Estate, or any
 6        factor that affects the utility of lots or parcels within
 7        the subdivision, and require evidence of compliance.
 8             (2)  Make an on-site inspection of each subdivision.
 9        In connection with any  on-site  inspection,  the  owner,
10        subdivider,  or  agent shall defray all expenses incurred
11        by the inspector in the course of the inspection.
12             (3)  Make additional  on-site  inspections  of  each
13        subdivision  for  which  the  owner, subdivider, or agent
14        shall defray all expenses incurred by  the  inspector  in
15        the course of the inspection.
16             (4)   Require  the  owner,  subdivider,  or agent to
17        deposit the expenses to be incurred in any inspection, in
18        advance, based upon an estimate by the  Office  of  Banks
19        and Real Estate of the expenses likely to be incurred.
20             (5)   In  those cases where an on-site inspection of
21        any subdivision has been made  under  the  provisions  of
22        this   Act,   waive   an   inspection   of  a  subsequent
23        registration   submitted   as   an   amendment   to   the
24        registration covering subdivided land to  be  sold  under
25        the  same  common promotional plan.  An inspection of the
26        subsequent registration may be made  in  connection  with
27        the next succeeding on-site inspection.

28        Section  20-20.  Forms.   The  Office  of  Banks and Real
29    Estate may prescribe forms and procedures for  submitting  to
30    the Office of Banks and Real Estate.

31        Section  20-25.  Real Estate License Administration Fund.
32    All fees collected for registration and for  civil  penalties
 
                            -28-              LRB9105080DJcdA
 1    pursuant  to  this Act and administrative rules adopted under
 2    this  Act  shall  be   deposited   into   the   Real   Estate
 3    Administration Fund.  The moneys deposited in the Real Estate
 4    Administration  License  Fund  shall  be  appropriated to the
 5    Office  of  Banks  and  Real  Estate  for  expenses  for  the
 6    administration and enforcement of this Act.

 7        Section 20-30.  Registrations under preceding  Act.   All
 8    registrations   of   subdivisions   under   the   Land  Sales
 9    Registration Act of 1989 in effect on the effective  date  of
10    this  Act  shall  remain  in  full force and effect after the
11    effective date of this Act and be considered registered under
12    this Act. The provisions of this Act, insofar as they are the
13    same or substantially the same as those  of  any  prior  law,
14    shall  be  construed  as a continuation of such prior law and
15    not as a new enactment.  Any existing injunction or temporary
16    restraining order  validly  obtained  under  the  Land  Sales
17    Registration   Act   of  1989  which  prohibits  unregistered
18    practice of land sales is not invalidated by the enactment of
19    this Act and shall continue to have full force and effect  on
20    and  after  the  effective  date  of  this  Act. Any existing
21    discipline or investigation pursuant to a violation under the
22    Land Sales Registration Act of 1989 is not invalidated by the
23    enactment of this Act and shall continue to have  full  force
24    and effect on and after the effective date of this Act.

25        Section   20-35.  Action   for   compensation;  proof  of
26    registration. No action or counterclaim may be maintained  by
27    any  person  in  any  court in this State with respect to any
28    agreement, contract, or services for  which  registration  is
29    required  by  this Act, or to recover the agreed price or any
30    compensation under any such  agreement,  or  to  recover  for
31    services  for  which  a registration is required by this Act,
32    without alleging and proving that  the  person  had  a  valid
 
                            -29-              LRB9105080DJcdA
 1    registration at the time of making the agreement or doing the
 2    work.

 3                 Article 90.  Amendatory Provisions

 4        Section  90-5.  The  Regulatory  Sunset Act is amended by
 5    adding Section 4.20 as follows:

 6        (5 ILCS 80/4.20 new)
 7        Sec. 4.20.  Act  repealed  on  December  31,  2009.   The
 8    following Act is repealed on December 31, 2009:
 9        The Land Sales Registration Act of 1999.

10        (765 ILCS 85/Act rep.)
11        Section  90-10.  The  Land Sales Registration Act of 1989
12    is repealed.

13                     Article 99.  Effective Date

14        Section 99-5.  Effective date.   This  Act  takes  effect
15    December 30, 1999.

[ Top ]