HB4647 Engrossed

LRB095 17515 KBJ 43589 b






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    AN ACT concerning regulation.

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



 
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    Section 5. The Mine Subsidence Disclosure Act is amended  by 
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changing Section 3 as follows:
 



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    (765 ILCS 95/3)  (from Ch. 30, par. 1003)



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    Sec. 3. Disclosure. 


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        (a) At the time an agreement to transfer real property 
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    is made, the
transferor shall disclose in writing to the 
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    transferee and lender all
insurance or other claims paid to 
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    the transferor for mine subsidence on the real property by 
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    a property and casualty insurance company, a mining 
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    company, or any other company or individual.


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        (b) If the agreement to transfer real property is in 
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    writing, the
disclosure shall be part of the agreement.


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        (c) A waiver of the time requirements for disclosure or 
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    a waiver of
disclosure must be in writing and signed by the 
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    transferee and lender.

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        (d) Written disclosures and signed waivers of 
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    disclosures required under subsection (c) shall be filed by 
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    the lender, or by the transferor of the property if there 
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    is no lender involved with the real property transfer, with 
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    the recorder of the county where the real property that is 
 


 






HB4647 Engrossed
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LRB095 17515 KBJ 43589 b




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    the subject of the transfer and on which a mine subsidence 
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    claim was paid is located.
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        (e) The disclosure or waiver document shall be subject 
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    to the fees and real estate document recording standards 
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    contained in Section 3-5018 of the Counties Code. 
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        (f) Notwithstanding any other rulemaking authority 
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    that may exist, neither the Governor nor any agency or 
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    agency head under the jurisdiction of the Governor has any 
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    authority to make or promulgate rules to implement or 
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    enforce the provisions of this amendatory Act of the 95th 
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    General Assembly.  If, however, the Governor believes that 
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    rules are necessary to implement or enforce the provisions 
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    of this amendatory Act of the 95th General Assembly, the 
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    Governor may suggest rules to the General Assembly by 
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    filing them with the Clerk of the House and the Secretary 
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    of the Senate and by requesting that the General Assembly 
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    authorize such rulemaking by law, enact those suggested 
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    rules into law, or take any other appropriate action in the 
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    General Assembly's discretion.   Nothing contained in this 
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    amendatory Act of the 95th General Assembly shall be 
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    interpreted to grant rulemaking authority under any other 
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    Illinois statute where such authority is not otherwise 
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    explicitly given.  For the purposes of this amendatory Act 
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    of the 95th General Assembly, "rules" is given the meaning 
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    contained in Section 1-70 of the Illinois Administrative 
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    Procedure Act, and "agency" and "agency head" are given the 
 


 






HB4647 Engrossed
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LRB095 17515 KBJ 43589 b




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    meanings contained in Sections 1-20 and 1-25 of the 
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    Illinois Administrative Procedure Act to the extent that 
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    such definitions apply to agencies or agency heads under 
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    the jurisdiction of the Governor. 
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(Source: P.A. 86-236.)