Illinois General Assembly - Full Text of HB4513
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Full Text of HB4513  94th General Assembly

HB4513 94TH GENERAL ASSEMBLY


 


 
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.


LRB094 16847 RAS 52126 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4513 LRB094 16847 RAS 52126 b

1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Real Estate License Act of 2000 is amended
5 by adding Section 15-17 and by changing Section 20-80 as
6 follows:
 
7     (225 ILCS 454/15-17 new)
8     (Section scheduled to be repealed on January 1, 2010)
9     Sec. 15-17. Sex Offender Registry disclosure.
10     (a) Prior to entering into a brokerage agreement, a
11 licensee representing a client must inform that client of the
12 existence, general content, and website address of the Illinois
13 Sex Offender Registry maintained by the Illinois State Police.
14 A written brokerage agreement entered into between a licensee
15 and client must contain a provision attesting to the fact that
16 the information has been provided, which provision must be
17 signed by the client and, in the event that the brokerage
18 agreement is oral, a separate written verification attesting to
19 the provision of the required information shall be presented
20 to, and must be signed by, the client and retained in the
21 records of the licensee, as required by OBRE.
22     (b) Any licensee who violates the provisions of this
23 Section is guilty of a business offense, punishable by a fine
24 of $1,001 for the first offense and $2,000 for each subsequent
25 offense.
 
26     (225 ILCS 454/20-80)
27     (Section scheduled to be repealed on January 1, 2010)
28     Sec. 20-80. Penalties; injunction. Any person violating
29 any provision of this Act other than subdivision (4) of
30 subsection (h) of Section 20-20 and other than Section 5-15 or
31 Section 5-17 or any person failing to account for or to remit

 

 

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1 any moneys coming into his or her possession that belong to
2 others or commingling the money or other property of his or her
3 principal with his or her own, upon conviction for the first
4 offense, is guilty of a Class C misdemeanor, and if a limited
5 liability company, registered limited liability partnership,
6 or corporation, is guilty of a business offense and shall be
7 fined not to exceed $2,000. Upon conviction of a second or
8 subsequent offense the violator, if an individual, is guilty of
9 a Class A misdemeanor, and if a limited liability company,
10 registered limited liability partnership, or corporation, is
11 guilty of a business offense and shall be fined not less than
12 $2,000 nor more than $5,000. Any person, limited liability
13 company, registered limited liability partnership, or
14 corporation violating any provision of Section 5-15 of this
15 Act, upon conviction for the first offense, if an individual,
16 is guilty of a Class A misdemeanor, and if a limited liability
17 company, registered limited liability partnership, or
18 corporation, is guilty of a business offense and shall be fined
19 not to exceed $10,000. Upon conviction of a second or
20 subsequent offense the violator, if an individual, is guilty of
21 a Class 4 felony, and if a limited liability company,
22 registered limited liability partnership, or corporation, is
23 guilty of a business offense and shall be fined not less than
24 $10,000 nor more than $25,000. Any officer or agent of a
25 corporation or member or agent of a partnership, limited
26 liability company, or registered limited liability partnership
27 who shall personally participate in or be an accessory to any
28 violation of this Act by the corporation, limited liability
29 company, registered limited liability partnership, or
30 partnership shall be subject to the penalties herein prescribed
31 for individuals, and the State's Attorney of the county where
32 the offense is committed shall prosecute all persons violating
33 the provisions of this Act upon proper complaint being made.
34 All fines and penalties shall be deposited in the Real Estate
35 Recovery Fund in the State Treasury. OBRE shall have the duty
36 and the right on behalf of the People of the State of Illinois

 

 

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1 to originate injunction proceedings against any person acting
2 or purporting to act as a licensee without a license issued
3 under the provisions of this Act. OBRE shall also have the duty
4 and the right on behalf of the People of the State of Illinois
5 to originate injunction proceedings against any licensee to
6 enjoin acts by the licensee that constitute violations of this
7 Act.
8 (Source: P.A. 91-245, eff. 12-31-99.)
 
9     Section 10. The Landlord and Tenant Act is amended by
10 adding Section 4 as follows:
 
11     (765 ILCS 705/4 new)
12     Sec. 4. Sex Offender Registry disclosure.
13     (a) Prior to entering into a rental agreement for
14 residential, rental property, the lessor of the property must
15 inform the potential lessee of the existence, general content,
16 and website address of the Illinois Sex Offender Registry
17 maintained by the Illinois State Police. A written rental
18 agreement entered into between a lessor and lessee must contain
19 a provision attesting to the fact that the information has been
20 provided, which provision must be signed by the lessee and, in
21 the event that the rental agreement is oral, a separate written
22 verification attesting to the provision of the required
23 information shall be presented to, and must be signed by, the
24 lessee and retained in any requisite records of the lessor.
25     (b) Any lessor who violates the provisions of this Section
26 is guilty of a business offense, punishable by a fine of $1,001
27 for the first offense and $2,000 for each subsequent offense.