HB4513 94TH GENERAL ASSEMBLY

LRB094 16847 RAS 52126 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4513

Introduced 01/11/06, by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

225 ILCS 454/15-17 new
225 ILCS 454/20-80
765 ILCS 705/4 new

Amends the Real Estate License Act of 2000 and the Landlord and Tenant Act. Requires persons licensed under the Real Estate License Act of 2000 and lessors of residential rental property to inform clients and potential lessees of the existence, general content, and website address of the Illinois Sex Offender Registry. Provides that any licensee or lessor who fails to provide a client or potential lessee with the information is guilty of a business offense.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 5. The Real Estate License Act of 2000 is amended by adding Section 15-17 and by changing Section 20-80 as follows:

(225 ILCS 454/15-17 new)

(Section scheduled to be repealed on January 1, 2010)

Sec. 15-17. Sex Offender Registry disclosure.

(a) Prior to entering into a brokerage agreement, a licensee representing a client must inform that client of the existence, general content, and website address of the Illinois Sex Offender Registry maintained by the Illinois State Police. A written brokerage agreement entered into between a licensee and client must contain a provision attesting to the fact that the information has been provided, which provision must be signed by the client and, in the event that the brokerage agreement is oral, a separate written verification attesting to the provision of the required information shall be presented to, and must be signed by, the client and retained in the records of the licensee, as required by OBRE.

(b) Any licensee who violates the provisions of this Section is guilty of a business offense, punishable by a fine of $1,001 for the first offense and $2,000 for each subsequent offense.

(225 ILCS 454/20-80)

(Section scheduled to be repealed on January 1, 2010)

Sec. 20-80. Penalties; injunction. Any person violating any provision of this Act other than subdivision (4) of subsection (h) of Section 20-20 and other than Section 5-15 or Section 5-17 or any person failing to account for or to remit any moneys coming into his or her possession that belong to others or commingling the money or other property of his or her principal with his or her own, upon conviction for the first offense, is guilty of a Class C misdemeanor, and if a limited liability company, registered limited liability partnership, or corporation, is guilty of a business offense and shall be fined not to exceed $2,000. Upon conviction of a second or subsequent offense the violator, if an individual, is guilty of a Class A misdemeanor, and if a limited liability company, registered limited liability partnership, or corporation, is guilty of a business offense and shall be fined not less than $2,000 nor more than $5,000. Any person, limited liability company, registered limited liability partnership, or corporation violating any provision of Section 5-15 of this Act, upon conviction for the first offense, if an individual, is guilty of a Class A misdemeanor, and if a limited liability company, registered limited liability partnership, or corporation, is guilty of a business offense and shall be fined not to exceed $10,000. Upon conviction of a second or subsequent offense the violator, if an individual, is guilty of a Class 4 felony, and if a limited liability company, registered limited liability partnership, or corporation, is guilty of a business offense and shall be fined not less than $10,000 nor more than $25,000. Any officer or agent of a corporation or member or agent of a partnership, limited liability company, or registered limited liability partnership who shall personally participate in or be an accessory to any violation of this Act by the corporation, limited liability company, registered limited liability partnership, or partnership shall be subject to the penalties herein prescribed for individuals, and the State's Attorney of the county where the offense is committed shall prosecute all persons violating the provisions of this Act upon proper complaint being made. All fines and penalties shall be deposited in the Real Estate Recovery Fund in the State Treasury. OBRE shall have the duty and the right on behalf of the People of the State of Illinois to originate injunction proceedings against any person acting or purporting to act as a licensee without a license issued under the provisions of this Act. OBRE shall also have the duty and the right on behalf of the People of the State of Illinois to originate injunction proceedings against any licensee to enjoin acts by the licensee that constitute violations of this Act.

(Source: P.A. 91-245, eff. 12-31-99.)

Section 10. The Landlord and Tenant Act is amended by adding Section 4 as follows:

(765 ILCS 705/4 new)

Sec. 4. Sex Offender Registry disclosure.

(a) Prior to entering into a rental agreement for residential, rental property, the lessor of the property must inform the potential lessee of the existence, general content, and website address of the Illinois Sex Offender Registry maintained by the Illinois State Police. A written rental agreement entered into between a lessor and lessee must contain a provision attesting to the fact that the information has been provided, which provision must be signed by the lessee and, in the event that the rental agreement is oral, a separate written verification attesting to the provision of the required information shall be presented to, and must be signed by, the lessee and retained in any requisite records of the lessor.

(b) Any lessor who violates the provisions of this Section is guilty of a business offense, punishable by a fine of $1,001 for the first offense and $2,000 for each subsequent offense.