The proposed bill would amend current statutes regarding civil penalties for subdividers or agents who engage in unlawful practices related to the sale or lease of subdivided lands. Under current law, a civil penalty of up to $2,000 can be assessed for each infraction, but violations concerning multiple lots are treated as a single infraction. The bill would change this by specifying that the civil penalty applies to each lot where a violation occurs, thereby increasing potential penalties for violations affecting multiple lots. Additionally, the bill removes the provision that treats infractions involving multiple lots as a single infraction.
Furthermore, the bill updates the language regarding the imposition of civil penalties and the suspension or revocation of licenses. It clarifies that proceedings to impose civil penalties or to suspend or revoke a license must be initiated within five years of the department's actual discovery of the violation or the discovery that should have occurred with reasonable diligence. This change aims to streamline the enforcement process while maintaining the five-year limitation for initiating such proceedings.
Statutes affected: Introduced Version: 32-2185.09
House Engrossed Version: 32-2185.09