Rep. David R. Leitch
Filed: 4/15/2008
 
 

 




 

 		












09500HB4647ham002

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AMENDMENT TO HOUSE BILL 4647




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    AMENDMENT NO. ______. Amend House Bill 4647 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Mine Subsidence Disclosure Act is amended  
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by 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 disclosures 
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required under subsection (c) shall be filed by the lender, or 
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by the transferor of the property if there is no lender 
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involved with the real property transfer, with the recorder of 
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the county where the real property that is the subject of the 
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transfer and on which a mine subsidence claim was paid is 
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located.
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    (e) The disclosure or waiver document shall be subject to 
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the fees and real estate document recording standards contained 
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in Section 3-5018 of the Counties Code. 
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    (f) Notwithstanding any other rulemaking authority that 
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may exist, neither the Governor nor any agency or agency head 
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under the jurisdiction of the Governor has any authority to 
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make or promulgate rules to implement or enforce the provisions 
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of this amendatory Act of the 95th General Assembly.  If, 
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however, the Governor believes that rules are necessary to 
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implement or enforce the provisions of this amendatory Act of 
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the 95th General Assembly, the Governor may suggest rules to 
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the General Assembly by filing them with the Clerk of the House 
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and the Secretary of the Senate and by requesting that the 
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General Assembly authorize such rulemaking by law, enact those 
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suggested rules into law, or take any other appropriate action 
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in the 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 of 
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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 
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meanings contained in Sections 1-20 and 1-25 of the Illinois 
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Administrative Procedure Act to the extent that such 
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definitions apply to agencies or agency heads under the 
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jurisdiction of the Governor. 
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(Source: P.A. 86-236.)".