HB4647ham002 95TH GENERAL ASSEMBLY

Rep. David R. Leitch

Filed: 4/15/2008

09500HB4647ham002 LRB095 17515 AMC 48065 a

AMENDMENT TO HOUSE BILL 4647

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

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

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

Sec. 3. Disclosure.

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

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

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

(d) Written disclosures and signed waivers of disclosures required under subsection (c) shall be filed by the lender, or by the transferor of the property if there is no lender involved with the real property transfer, with the recorder of the county where the real property that is the subject of the transfer and on which a mine subsidence claim was paid is located.

(e) The disclosure or waiver document shall be subject to the fees and real estate document recording standards contained in Section 3-5018 of the Counties Code.

(f) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(Source: P.A. 86-236.)".