99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3803

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:

See Index

Amends the Real Estate License Act of 2000. Removes references to salespersons under the Act (salesperson licenses were transitioned to broker licenses in 2011). Repeals provisions concerning transitions in licensure. Makes changes in provisions concerning definitions, leasing agent licenses, necessity of licenses, exemption from licensure, broker licenses, managing broker licenses, real estate auction certification, examinations, change of address, expiration of licenses, managing brokers licensed in other states, continuing education, compensation, legislative intent, penalties for unlicensed practice, disciplinary actions, injunctions, violations, the Real Estate Recovery Fund, the Real Estate Administration and Disciplinary Board, the Real Estate Research and Education Fund, licensing of continuing education schools, and savings provisions.

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A BILL FOR

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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 changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, 5-26, 5-27,

6 5-28, 5-32, 5-35, 5-41, 5-50, 5-60, 5-70, 10-10, 10-15, 15-5,

7 20-10, 20-20, 20-21, 20-22, 20-85, 25-10, 25-25, 30-15, and

8 35-5 as follows:

9 (225 ILCS 454/1-10)

10 (Section scheduled to be repealed on January 1, 2020)

11 Sec. 1-10. Definitions. In this Act, unless the context

12 otherwise requires:

13 "Act" means the Real Estate License Act of 2000.

14 "Address of Record" means the designated address recorded

15 by the Department in the applicant's or licensee's application

16 file or license file as maintained by the Department's

17 licensure maintenance unit. It is the duty of the applicant or

18 licensee to inform the Department of any change of address, and

19 those changes must be made either through the Department's

20 website or by contacting the Department.

21 "Advisory Council" means the Real Estate Education

22 Advisory Council created under Section 30-10 of this Act.

23 "Agency" means a relationship in which a ~~real estate~~ broker

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1 or licensee, whether directly or through an affiliated

2 licensee, represents a consumer by the consumer's consent,

3 whether express or implied, in a real property transaction.

4 "Applicant" means any person, as defined in this Section,

5 who applies to the Department for a valid license as amanaging

6 ~~real estate~~ broker, broker ~~real estate salesperson~~, or leasing

7 agent.

8 "Blind advertisement" means any real estate advertisement

9 that does not include the sponsoring broker's business name and

10 that is used by any licensee regarding the sale or lease of

11 real estate, including his or her own, licensed activities, or

12 the hiring of any licensee under this Act. The broker's

13 business name in the case of a franchise shall include the

14 franchise affiliation as well as the name of the individual

15 firm.

16 "Board" means the Real Estate Administration and

17 Disciplinary Board of the Department as created by Section

18 25-10 of this Act.

19 "Branch office" means a sponsoring broker's office other

20 than the sponsoring broker's principal office.

21 "Broker" means an individual, partnership, limited

22 liability company, corporation, or registered limited

23 liability partnership other than a ~~real estate salesperson or~~

24 leasing agent who, whether in person or through any media or

25 technology, for another and for compensation, or with the

26 intention or expectation of receiving compensation, either

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1 directly or indirectly:

2 (1) Sells, exchanges, purchases, rents, or leases real

3 estate.

4 (2) Offers to sell, exchange, purchase, rent, or lease

5 real estate.

6 (3) Negotiates, offers, attempts, or agrees to

7 negotiate the sale, exchange, purchase, rental, or leasing

8 of real estate.

9 (4) Lists, offers, attempts, or agrees to list real

10 estate for sale,rent, lease, or exchange.

11 (5) Buys, sells, offers to buy or sell, or otherwise

12 deals in options on real estate or improvements thereon.

13 (6) Supervises the collection, offer, attempt, or

14 agreement to collect rent for the use of real estate.

15 (7) Advertises or represents himself or herself as

16 being engaged in the business of buying, selling,

17 exchanging, renting, or leasing real estate.

18 (8) Assists or directs in procuring or referring of

19 leads or prospects, intended to result in the sale,

20 exchange, lease, or rental of real estate.

21 (9) Assists or directs in the negotiation of any

22 transaction intended to result in the sale, exchange,

23 lease, or rental of real estate.

24 (10) Opens real estate to the public for marketing

25 purposes.

26 (11) Sells, leases, or offers for sale or lease real

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1 estate at auction.

2 (12) Prepares or provides a broker price opinion or

3 comparative market analysis as those terms are defined in

4 this Act, pursuant to the provisions of Section 10-45 of

5 this Act.

6 "Brokerage agreement" means a written or oral agreement

7 between a sponsoring broker and a consumer for licensed

8 activities to be provided to a consumer in return for

9 compensation or the right to receive compensation from another.

10 Brokerage agreements may constitute either a bilateral or a

11 unilateral agreement between the broker and the broker's client

12 depending upon the content of the brokerage agreement. All

13 exclusive brokerage agreements shall be in writing.

14 "Broker price opinion" means an estimate or analysis of the

15 probable selling price of a particular interest in real estate,

16 which may provide a varying level of detail about the

17 property's condition, market, and neighborhood and information

18 on comparable sales. The activities of a real estate broker or

19 managing broker engaging in the ordinary course of business as

20 a broker, as defined in this Section, shall not be considered a

21 broker price opinion if no compensation is paid to the broker

22 or managing broker, other than compensation based upon the sale

23 or rental of real estate.

24 "Client" means a person who is being represented by a

25 licensee.

26 "Comparative market analysis" is an analysis or opinion

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1 regarding pricing, marketing, or financial aspects relating to

2 a specified interest or interests in real estate that may be

3 based upon an analysis of comparative market data, the

4 expertise of the real estate broker or managing broker, and

5 such other factors as the broker or managing broker may deem

6 appropriate in developing or preparing such analysis or

7 opinion. The activities of a real estate broker or managing

8 broker engaging in the ordinary course of business as a broker,

9 as defined in this Section, shall not be considered a

10 comparative market analysis if no compensation is paid to the

11 broker or managing broker, other than compensation based upon

12 the sale or rental of real estate.

13 "Compensation" means the valuable consideration given by

14 one person or entity to another person or entity in exchange

15 for the performance of some activity or service. Compensation

16 shall include the transfer of valuable consideration,

17 including without limitation the following:

18 (1) commissions;

19 (2) referral fees;

20 (3) bonuses;

21 (4) prizes;

22 (5) merchandise;

23 (6) finder fees;

24 (7) performance of services;

25 (8) coupons or gift certificates;

26 (9) discounts;

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1 (10) rebates;

2 (11) a chance to win a raffle, drawing, lottery, or

3 similar game of chance not prohibited by any other law or

4 statute;

5 (12) retainer fee; or

6 (13) salary.

7 "Confidential information" means information obtained by a

8 licensee from a client during the term of a brokerage agreement

9 that (i) was made confidential by the written request or

10 written instruction of the client, (ii) deals with the

11 negotiating position of the client, or (iii) is information the

12 disclosure of which could materially harm the negotiating

13 position of the client, unless at any time:

14 (1) the client permits the disclosure of information

15 given by that client by word or conduct;

16 (2) the disclosure is required by law; or

17 (3) the information becomes public from a source other

18 than the licensee.

19 "Confidential information" shall not be considered to

20 include material information about the physical condition of

21 the property.

22 "Consumer" means a person or entity seeking or receiving

23 licensed activities.

24 "Continuing education school" means any person licensed by

25 the Department as a school for continuing education in

26 accordance with Section 30-15 of this Act.

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1 "Coordinator" means the Coordinator of Real Estate created

2 in Section 25-15 of this Act.

3 "Credit hour" means 50 minutes of classroom instruction in

4 course work that meets the requirements set forth in rules

5 adopted by the Department.

6 "Customer" means a consumer who is not being represented by

7 the licensee but for whom the licensee is performing

8 ministerial acts.

9 "Department" means the Department of Financial and

10 Professional Regulation.

11 "Designated agency" means a contractual relationship

12 between a sponsoring broker and a client under Section 15-50 of

13 this Act in which one or more licensees associated with or

14 employed by the broker are designated as agent of the client.

15 "Designated agent" means a sponsored licensee named by a

16 sponsoring broker as the legal agent of a client, as provided

17 for in Section 15-50 of this Act.

18 "Dual agency" means an agency relationship in which a

19 licensee is representing both buyer and seller or both landlord

20 and tenant in the same transaction. When the agency

21 relationship is a designated agency, the question of whether

22 there is a dual agency shall be determined by the agency

23 relationships of the designated agent of the parties and not of

24 the sponsoring broker.

25 "Employee" or other derivative of the word "employee", when

26 used to refer to, describe, or delineate the relationship

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1 between a ~~real estate~~ broker and ~~a real estate salesperson,~~

2 another ~~real estate~~broker, or a leasing agent, shall be

3 construed to include an independent contractor relationship,

4 provided that a written agreement exists that clearly

5 establishes and states the relationship. All responsibilities

6 of a broker shall remain.

7 "Escrow moneys" means all moneys, promissory notes or any

8 other type or manner of legal tender or financial consideration

9 deposited with any person for the benefit of the parties to the

10 transaction. A transaction exists once an agreement has been

11 reached and an accepted real estate contract signed or lease

12 agreed to by the parties. Escrow moneys includes without

13 limitation earnest moneys and security deposits, except those

14 security deposits in which the person holding the security

15 deposit is also the sole owner of the property being leased and

16 for which the security deposit is being held.

17 "Electronic means of proctoring" means a methodology

18 providing assurance that the person taking a test and

19 completing the answers to questions is the person seeking

20 licensure or credit for continuing education and is doing so

21 without the aid of a third party or other device.

22 "Exclusive brokerage agreement" means a written brokerage

23 agreement that provides that the sponsoring broker has the sole

24 right, through one or more sponsored licensees, to act as the

25 exclusive designated agent or representative of the client and

26 that meets the requirements of Section 15-75 of this Act.

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1 "Inoperative" means a status of licensure where the

2 licensee holds a current license under this Act, but the

3 licensee is prohibited from engaging in licensed activities

4 because the licensee is unsponsored or the license of the

5 sponsoring broker with whom the licensee is associated or by

6 whom he or she is employed is currently expired, revoked,

7 suspended, or otherwise rendered invalid under this Act.

8 "Interactive delivery method" means delivery of a course by

9 an instructor through a medium allowing for 2-way communication

10 between the instructor and a student in which either can

11 initiate or respond to questions.

12 "Leads" means the name or names of a potential buyer,

13 seller, lessor, lessee, or client of a licensee.

14 "Leasing Agent" means a person who is employed by a ~~real~~

15 ~~estate~~broker to engage in licensed activities limited to

16 leasing residential real estate who has obtained a license as

17 provided for in Section 5-5 of this Act.

18 "License" means the document issued by the Department

19 certifying that the person named thereon has fulfilled all

20 requirements prerequisite to licensure under this Act.

21 "Licensed activities" means those activities listed in the

22 definition of "broker" under this Section.

23 "Licensee" means any person, as defined in this Section,

24 who holds a valid unexpired license as amanaging ~~real estate~~

25 broker, broker ~~real estate salesperson~~, or leasing agent.

26 "Listing presentation" means a communication between a

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1 managing ~~real estate~~broker orbroker ~~salesperson~~ and a

2 consumer in which the licensee is attempting to secure a

3 brokerage agreement with the consumer to market the consumer's

4 real estate for sale or lease.

5 "Managing broker" means a broker who has supervisory

6 responsibilities for licensees in one or, in the case of a

7 multi-office company, more than one office and who has been

8 appointed as such by the sponsoring broker.

9 "Medium of advertising" means any method of communication

10 intended to influence the general public to use or purchase a

11 particular good or service or real estate.

12 "Ministerial acts" means those acts that a licensee may

13 perform for a consumer that are informative or clerical in

14 nature and do not rise to the level of active representation on

15 behalf of a consumer. Examples of these acts include without

16 limitation (i) responding to phone inquiries by consumers as to

17 the availability and pricing of brokerage services, (ii)

18 responding to phone inquiries from a consumer concerning the

19 price or location of property, (iii) attending an open house

20 and responding to questions about the property from a consumer,

21 (iv) setting an appointment to view property, (v) responding to

22 questions of consumers walking into a licensee's office

23 concerning brokerage services offered or particular

24 properties, (vi) accompanying an appraiser, inspector,

25 contractor, or similar third party on a visit to a property,

26 (vii) describing a property or the property's condition in

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1 response to a consumer's inquiry, (viii) completing business or

2 factual information for a consumer on an offer or contract to

3 purchase on behalf of a client, (ix) showing a client through a

4 property being sold by an owner on his or her own behalf, or

5 (x) referral to another broker or service provider.

6 "Office" means a ~~real estate~~ broker's place of business

7 where the general public is invited to transact business and

8 where records may be maintained and licenses displayed, whether

9 or not it is the broker's principal place of business.

10 "Person" means and includes individuals, entities,

11 corporations, limited liability companies, registered limited

12 liability partnerships, and partnerships, foreign or domestic,

13 except that when the context otherwise requires, the term may

14 refer to a single individual or other described entity.

15 "Personal assistant" means a licensed or unlicensed person

16 who has been hired for the purpose of aiding or assisting a

17 sponsored licensee in the performance of the sponsored

18 licensee's job.

19 "Pocket card" means the card issued by the Department to

20 signify that the person named on the card is currently licensed

21 under this Act.

22 "Pre-license school" means a school licensed by the

23 Department offering courses in subjects related to real estate

24 transactions, including the subjects upon which an applicant is

25 examined in determining fitness to receive a license.

26 "Pre-renewal period" means the period between the date of

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1 issue of a currently valid license and the license's expiration

2 date.

3 "Proctor" means any person, including, but not limited to,

4 an instructor, who has a written agreement to administer

5 examinations fairly and impartially with a licensed

6 pre-license school or a licensed continuing education school.

7 "Real estate" means and includes leaseholds as well as any

8 other interest or estate in land, whether corporeal,

9 incorporeal, freehold, or non-freehold, including timeshare

10 interests, and whether the real estate is situated in this

11 State or elsewhere.

12 "Regular employee" means a person working an average of 20

13 hours per week for a person or entity who would be considered

14 as an employee under the Internal Revenue Service eleven main

15 tests in three categories being behavioral control, financial

16 control and the type of relationship of the parties, formerly

17 the twenty factor test.

18 ~~"Salesperson" means any individual, other than a real~~

19 ~~estate broker or leasing agent, who is employed by a real~~

20 ~~estate broker or is associated by written agreement with a real~~

21 ~~estate broker as an independent contractor and participates in~~

22 ~~any activity described in the definition of "broker" under this~~

23 ~~Section.~~

24 "Secretary" means the Secretary of the Department of

25 Financial and Professional Regulation, or a person authorized

26 by the Secretary to act in the Secretary's stead.

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1 "Sponsoring broker" means the broker who has issued a

2 sponsor card to a licensedmanaging broker ~~salesperson~~, another

3 licensed broker, or a leasing agent.

4 "Sponsor card" means the temporary permit issued by the

5 sponsoring ~~real estate~~ broker certifying that the managing ~~real~~

6 ~~estate~~ broker, broker ~~real estate salesperson~~, or leasing agent

7 named thereon is employed by or associated by written agreement

8 with the sponsoring ~~real estate~~ broker, as provided for in

9 Section 5-40 of this Act.

10 (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15.)

11 (225 ILCS 454/5-5)

12 (Section scheduled to be repealed on January 1, 2020)

13 Sec. 5-5. Leasing agent license.

14 (a) The purpose of this Section is to provide for a limited

15 scope license to enable persons who wish to engage in

16 activities limited to the leasing of residential real property

17 for which a license is required under this Act, and only those

18 activities, to do so by obtaining the license provided for

19 under this Section.

20 (b) Notwithstanding the other provisions of this Act, there

21 is hereby created a leasing agent license that shall enable the

22 licensee to engage only in residential leasing activities for

23 which a license is required under this Act. Such activities

24 include without limitation leasing or renting residential real

25 property, or attempting, offering, or negotiating to lease or

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1 rent residential real property, or supervising the collection,

2 offer, attempt, or agreement to collect rent for the use of

3 residential real property. Nothing in this Section shall be

4 construed to require a licensed managing ~~real estate~~broker or

5 broker ~~salesperson~~to obtain a leasing agent license in order

6 to perform leasing activities for which a license is required

7 under this Act. Licensed leasing agents must be sponsored and

8 employed by a sponsoring broker.

9 (c) The Department, by rule shall provide for the licensing

10 of leasing agents, including the issuance, renewal, and

11 administration of licenses.

12 (d) Notwithstanding any other provisions of this Act to the

13 contrary, a person may engage in residential leasing activities

14 for which a license is required under this Act, for a period of

15 120 consecutive days without being licensed, so long as the

16 person is acting under the supervision of a licensed~~real~~

17 ~~estate~~ broker and the broker has notified the Department that

18 the person is pursuing licensure under this Section. During the

19 120 day period all requirements of Sections 5-10 and 5-65 of

20 this Act with respect to education, successful completion of an

21 examination, and the payment of all required fees must be

22 satisfied. The Department may adopt rules to ensure that the

23 provisions of this subsection are not used in a manner that

24 enables an unlicensed person to repeatedly or continually

25 engage in activities for which a license is required under this

26 Act.

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1 (Source: P.A. 96-856, eff. 12-31-09.)

2 (225 ILCS 454/5-10)

3 (Section scheduled to be repealed on January 1, 2020)

4 Sec. 5-10. Requirements for license as leasing agent.

5 (a) Every applicant for licensure as a leasing agent must

6 meet the following qualifications:

7 (1) be at least 18 years of age;

8 (2) be of good moral character;

9 (3) successfully complete a 4-year course of study in a

10 high school or secondary school or an equivalent course of

11 study approved by the Illinois State Board of Education;

12 (4) personally take and pass a written examination

13 authorized by the Department sufficient to demonstrate the

14 applicant's knowledge of the provisions of this Act

15 relating to leasing agents and the applicant's competence

16 to engage in the activities of a licensed leasing agent;

17 (5) provide satisfactory evidence of having completed

18 15 hours of instruction in an approved course of study

19 relating to the leasing of residential real property. The

20 course of study shall, among other topics, cover the

21 provisions of this Act applicable to leasing agents; fair

22 housing issues relating to residential leasing;

23 advertising and marketing issues; leases, applications,

24 and credit reports; owner-tenant relationships and

25 owner-tenant laws; the handling of funds; and

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1 environmental issues relating to residential real

2 property;

3 (6) complete any other requirements as set forth by

4 rule; and

5 (7) present a valid application for issuance of an

6 initial license accompanied by a sponsor card and the fees

7 specified by rule.

8 (b) No applicant shall engage in any of the activities

9 covered by this Act until a valid sponsor card has been issued

10 to such applicant. The sponsor card shall be valid for a

11 maximum period of 45 days after the date of issuance unless

12 extended for good cause as provided by rule.

13 (c) Successfully completed course work, completed pursuant

14 to the requirements of this Section, may be applied to the

15 course work requirements to obtain a managing ~~real estate~~

16 broker's orbroker's ~~salesperson's~~ license as provided by rule.

17 The Advisory Council may recommend through the Board to the

18 Department and the Department may adopt requirements for

19 approved courses, course content, and the approval of courses,

20 instructors, and schools, as well as school and instructor

21 fees. The Department may establish continuing education

22 requirements for licensed leasing agents, by rule, with the

23 advice of the Advisory Council and Board.

24 (Source: P.A. 96-856, eff. 12-31-09.)

25 (225 ILCS 454/5-15)

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1 (Section scheduled to be repealed on January 1, 2020)

2 Sec. 5-15. Necessity of managing broker, broker,

3 ~~salesperson,~~or leasing agent license or sponsor card;

4 ownership restrictions.

5 (a) It is unlawful for any person, corporation, limited

6 liability company, registered limited liability partnership,

7 or partnership to act as a managing broker,~~real estate~~ broker,

8 ~~real estate salesperson,~~or leasing agent or to advertise or

9 assume to act as such broker~~, salesperson,~~ or leasing agent

10 without a properly issued sponsor card or a license issued

11 under this Act by the Department, either directly or through

12 its authorized designee.

13 (b) No corporation shall be granted a license or engage in

14 the business or capacity, either directly or indirectly, of a

15 ~~real estate~~broker, unless every officer of the corporation who

16 actively participates in the real estate activities of the

17 corporation holds a license as a managing broker or broker and

18 unless every employee who acts as a ~~salesperson, or~~ leasing

19 agent for the corporation holds a license as a broker~~,~~

20 ~~salesperson,~~ or leasing agent.

21 (c) No partnership shall be granted a license or engage in

22 the business or serve in the capacity, either directly or

23 indirectly, of a ~~real estate~~broker, unless every general

24 partner in the partnership holds a license as a managing broker

25 or broker and unless every employee who acts as a~~salesperson~~

26 ~~or~~leasing agent for the partnership holds a license as a

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1 managing broker,broker,~~salesperson,~~or leasing agent. In the

2 case of a registered limited liability partnership (LLP), every

3 partner in the LLP must hold a license as a managing broker or

4 broker and every employee who acts as a~~salesperson or~~leasing

5 agent must hold a license as a managing broker, broker,

6 ~~salesperson,~~or leasing agent.

7 (d) No limited liability company shall be granted a license

8 or engage in the business or serve in the capacity, either

9 directly or indirectly, of a broker unless every manager in the

10 limited liability company or every member in a member managed

11 limited liability company holds a license as a managing broker

12 or broker and unless every other member and employee who acts

13 as a ~~salesperson or~~ leasing agent for the limited liability

14 company holds a license as amanaging broker, broker,

15 ~~salesperson,~~ or leasing agent.

16 (e) No partnership, limited liability company, or

17 corporation shall be licensed to conduct a brokerage business

18 where an individual ~~salesperson or~~leasing agent, or group of

19 ~~salespersons or~~ leasing agents, owns or directly or indirectly

20 controls more than 49% of the shares of stock or other

21 ownership in the partnership, limited liability company, or

22 corporation.

23 (Source: P.A. 96-856, eff. 12-31-09.)

24 (225 ILCS 454/5-20)

25 (Section scheduled to be repealed on January 1, 2020)

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1 Sec. 5-20. Exemptions from managing broker, broker,

2 ~~salesperson,~~or leasing agent license requirement.The

3 requirement for holding a license under this Article 5 shall

4 not apply to:

5 (1) Any person, partnership, or corporation that as

6 owner or lessor performs any of the acts described in the

7 definition of "broker" under Section 1-10 of this Act with

8 reference to property owned or leased by it, or to the

9 regular employees thereof with respect to the property so

10 owned or leased, where such acts are performed in the

11 regular course of or as an incident to the management,

12 sale, or other disposition of such property and the

13 investment therein, provided that such regular employees

14 do not perform any of the acts described in the definition

15 of "broker" under Section 1-10 of this Act in connection

16 with a vocation of selling or leasing any real estate or

17 the improvements thereon not so owned or leased.

18 (2) An attorney in fact acting under a duly executed

19 and recorded power of attorney to convey real estate from

20 the owner or lessor or the services rendered by an attorney

21 at law in the performance of the attorney's duty as an

22 attorney at law.

23 (3) Any person acting as receiver, trustee in

24 bankruptcy, administrator, executor, or guardian or while

25 acting under a court order or under the authority of a will

26 or testamentary trust.

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1 (4) Any person acting as a resident manager for the

2 owner or any employee acting as the resident manager for a

3 broker managing an apartment building, duplex, or

4 apartment complex, when the resident manager resides on the

5 premises, the premises is his or her primary residence, and

6 the resident manager is engaged in the leasing of the

7 property of which he or she is the resident manager.

8 (5) Any officer or employee of a federal agency in the

9 conduct of official duties.

10 (6) Any officer or employee of the State government or

11 any political subdivision thereof performing official

12 duties.

13 (7) Any multiple listing service or other similar

14 information exchange that is engaged in the collection and

15 dissemination of information concerning real estate

16 available for sale, purchase, lease, or exchange for the

17 purpose of providing licensees with a system by which

18 licensees may cooperatively share information along with

19 which no other licensed activities, as defined in Section

20 1-10 of this Act, are provided.

21 (8) Railroads and other public utilities regulated by

22 the State of Illinois, or the officers or full time

23 employees thereof, unless the performance of any licensed

24 activities is in connection with the sale, purchase, lease,

25 or other disposition of real estate or investment therein

26 not needing the approval of the appropriate State

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1 regulatory authority.

2 (9) Any medium of advertising in the routine course of

3 selling or publishing advertising along with which no other

4 licensed activities, as defined in Section 1-10 of this

5 Act, are provided.

6 (10) Any resident lessee of a residential dwelling unit

7 who refers for compensation to the owner of the dwelling

8 unit, or to the owner's agent, prospective lessees of

9 dwelling units in the same building or complex as the

10 resident lessee's unit, but only if the resident lessee (i)

11 refers no more than 3 prospective lessees in any 12-month

12 period, (ii) receives compensation of no more than $1,500

13 or the equivalent of one month's rent, whichever is less,

14 in any 12-month period, and (iii) limits his or her

15 activities to referring prospective lessees to the owner,

16 or the owner's agent, and does not show a residential

17 dwelling unit to a prospective lessee, discuss terms or

18 conditions of leasing a dwelling unit with a prospective

19 lessee, or otherwise participate in the negotiation of the

20 leasing of a dwelling unit.

21 (11) An exchange company registered under the Real

22 Estate Timeshare Act of 1999 and the regular employees of

23 that registered exchange company but only when conducting

24 an exchange program as defined in that Act.

25 (12) An existing timeshare owner who, for

26 compensation, refers prospective purchasers, but only if

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1 the existing timeshare owner (i) refers no more than 20

2 prospective purchasers in any calendar year, (ii) receives

3 no more than $1,000, or its equivalent, for referrals in

4 any calendar year and (iii) limits his or her activities to

5 referring prospective purchasers of timeshare interests to

6 the developer or the developer's employees or agents, and

7 does not show, discuss terms or conditions of purchase or

8 otherwise participate in negotiations with regard to

9 timeshare interests.

10 (13) Any person who is licensed without examination

11 under Section 10-25 (now repealed) of the Auction License

12 Act is exempt from holding a managingbroker's orbroker's

13 ~~salesperson's~~ license under this Act for the limited

14 purpose of selling or leasing real estate at auction, so

15 long as:

16 (A) that person has made application for said

17 exemption by July 1, 2000;

18 (B) that person verifies to the Department that he

19 or she has sold real estate at auction for a period of

20 5 years prior to licensure as an auctioneer;

21 (C) the person has had no lapse in his or her

22 license as an auctioneer; and

23 (D) the license issued under the Auction License

24 Act has not been disciplined for violation of those

25 provisions of Article 20 of the Auction License Act

26 dealing with or related to the sale or lease of real

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1 estate at auction.

2 (14) A person who holds a valid license under the

3 Auction License Act and a valid real estate auction

4 certification and conducts auctions for the sale of real

5 estate under Section 5-32 of this Act.

6 (15) A hotel operator who is registered with the

7 Illinois Department of Revenue and pays taxes under the

8 Hotel Operators' Occupation Tax Act and rents a room or

9 rooms in a hotel as defined in the Hotel Operators'

10 Occupation Tax Act for a period of not more than 30

11 consecutive days and not more than 60 days in a calendar

12 year.

13 (Source: P.A. 98-553, eff. 1-1-14.)

14 (225 ILCS 454/5-26)

15 (Section scheduled to be repealed on January 1, 2020)

16 Sec. 5-26. License ~~Requirements for license~~ as a

17 salesperson.

18 ~~(a) Every applicant for licensure as a salesperson must~~

19 ~~meet the following qualifications:~~

20 ~~(1) Be at least 21 years of age. The minimum age of 21~~

21 ~~years shall be waived for any person seeking a license as a~~

22 ~~real estate salesperson who has attained the age of 18 and~~

23 ~~can provide evidence of the successful completion of at~~

24 ~~least 4 semesters of post-secondary school study as a~~

25 ~~full-time student or the equivalent, with major emphasis on~~

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1 ~~real estate courses, in a school approved by the~~

2 ~~Department;~~

3 ~~(2) Be of good moral character;~~

4 ~~(3) Successfully complete a 4-year course of study in a~~

5 ~~high school or secondary school approved by the Illinois~~

6 ~~State Board of Education or an equivalent course of study~~

7 ~~as determined by an examination conducted by the Illinois~~

8 ~~State Board of Education, which shall be verified under~~

9 ~~oath by the applicant;~~

10 ~~(4) Provide satisfactory evidence of having completed~~

11 ~~at least 45 hours of instruction in real estate courses~~

12 ~~approved by the Advisory Council, except applicants who are~~

13 ~~currently admitted to practice law by the Supreme Court of~~

14 ~~Illinois and are currently in active standing;~~

15 ~~(5) Personally take and pass a written examination~~

16 ~~authorized by the Department; and~~

17 ~~(6) Present a valid application for issuance of a~~

18 ~~license accompanied by a sponsor card and the fees~~

19 ~~specified by rule.~~

20 ~~(b) No applicant shall engage in any of the activities~~

21 ~~covered by this Act until a valid sponsor card has been issued~~

22 ~~to the applicant. The sponsor card shall be valid for a maximum~~

23 ~~period of 45 days after the date of issuance unless extended~~

24 ~~for good cause as provided by rule.~~

25 ~~(c) All licenses should be readily available to the public~~

26 ~~at their sponsoring place of business.~~

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1 ~~(d)~~ No new salesperson licenses shall be issued after April

2 30, 2011 and all existing salesperson licenses shall terminate

3 on May 1, 2012.

4 (Source: P.A. 96-856, eff. 12-31-09; 97-333, eff. 8-12-11.)

5 (225 ILCS 454/5-27)

6 (Section scheduled to be repealed on January 1, 2020)

7 Sec. 5-27. Requirements for licensure as a broker.

8 (a) Every applicant for licensure as a broker must meet the

9 following qualifications:

10 (1) Be at least 21 years of age. After April 30, 2011,

11 the minimum age of 21 years shall be waived for any person

12 seeking a license as a broker who has attained the age of

13 18 and can provide evidence of the successful completion of

14 at least 4 semesters of post-secondary school study as a

15 full-time student or the equivalent, with major emphasis on

16 real estate courses, in a school approved by the

17 Department;

18 (2) Be of good moral character;

19 (3) Successfully complete a 4-year course of study in a

20 high school or secondary school approved by the Illinois

21 State Board of Education or an equivalent course of study

22 as determined by an examination conducted by the Illinois

23 State Board of Education which shall be verified under oath

24 by the applicant;

25 (4) (Blank); ~~Prior to May 1, 2011, provide (i)~~

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1 ~~satisfactory evidence of having completed at least 120~~

2 ~~classroom hours, 45 of which shall be those hours required~~

3 ~~to obtain a salesperson's license plus 15 hours in~~

4 ~~brokerage administration courses, in real estate courses~~

5 ~~approved by the Advisory Council or (ii) for applicants who~~

6 ~~currently hold a valid real estate salesperson's license,~~

7 ~~give satisfactory evidence of having completed at least 75~~

8 ~~hours in real estate courses, not including the courses~~

9 ~~that are required to obtain a salesperson's license,~~

10 ~~approved by the Advisory Council;~~

11 (5) After April 30, 2011, provide satisfactory

12 evidence of having completed 90 hours of instruction in

13 real estate courses approved by the Advisory Council, 15

14 hours of which must consist of situational and case studies

15 presented in the classroom or by other interactive delivery

16 method between the instructor and the students;

17 (6) Personally take and pass a written examination

18 authorized by the Department;

19 (7) Present a valid application for issuance of a

20 license accompanied by a sponsor card and the fees

21 specified by rule.

22 (b) The requirements specified in items (3) ~~(4)~~ and (5) of

23 subsection (a) of this Section do not apply to applicants who

24 are currently admitted to practice law by the Supreme Court of

25 Illinois and are currently in active standing.

26 (c) No applicant shall engage in any of the activities

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1 covered by this Act until a valid sponsor card has been issued

2 to such applicant. The sponsor card shall be valid for a

3 maximum period of 45 days after the date of issuance unless

4 extended for good cause as provided by rule.

5 (d) All licenses should be readily available to the public

6 at their place of business.

7 (e) An individual holding an active license as a managing

8 broker may return the license to the Department along with a

9 form provided by the Department and shall be issued a broker's

10 license in exchange. Any individual obtaining a broker's

11 license under this subsection (e) shall be considered as having

12 obtained a broker's license by education and passing the

13 required test and shall be treated as such in determining

14 compliance with this Act.

15 (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15.)

16 (225 ILCS 454/5-28)

17 (Section scheduled to be repealed on January 1, 2020)

18 Sec. 5-28. Requirements for licensure as a managing broker.

19 (a) Effective May 1, 2012, every applicant for licensure as

20 a managing broker must meet the following qualifications:

21 (1) be at least 21 years of age;

22 (2) be of good moral character;

23 (3) have been licensed at least 2 out of the preceding

24 3 years as a ~~real estate~~ broker ~~or salesperson~~;

25 (4) successfully complete a 4-year course of study in

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1 high school or secondary school approved by the Illinois

2 State Board of Education or an equivalent course of study

3 as determined by an examination conducted by the Illinois

4 State Board of Education, which shall be verified under

5 oath by the applicant;

6 (5) provide satisfactory evidence of having completed

7 at least 165 hours, 120 of which shall be those hours

8 required pre and post-licensure to obtain a broker's

9 license, and 45 additional hours completed within the year

10 immediately preceding the filing of an application for a

11 managing broker's license, which hours shall focus on

12 brokerage administration and management and include at

13 least 15 hours in the classroom or by other interactive

14 delivery method between the instructor and the students;

15 (6) personally take and pass a written examination

16 authorized by the Department; and

17 (7) present a valid application for issuance of a

18 license accompanied by a sponsor card, an appointment as a

19 managing broker, and the fees specified by rule.

20 (b) The requirements specified in item (5) of subsection

21 (a) of this Section do not apply to applicants who are

22 currently admitted to practice law by the Supreme Court of

23 Illinois and are currently in active standing.

24 (c) No applicant shall act as a managing broker for more

25 than 90 days after an appointment as a managing broker has been

26 filed with the Department without obtaining a managing broker's

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1 license.

2 (Source: P.A. 98-531, eff. 8-23-13.)

3 (225 ILCS 454/5-32)

4 (Section scheduled to be repealed on January 1, 2020)

5 Sec. 5-32. Real estate auction certification.

6 (a) An auctioneer licensed under the Auction License Act

7 who does not possess a valid and active broker's or managing

8 broker's license under this Act, or who is not otherwise exempt

9 from licensure, may not engage in the practice of auctioning

10 real estate, except as provided in this Section.

11 (b) The Department shall issue a real estate auction

12 certification to applicants who:

13 (1) possess a valid auctioneer's license under the

14 Auction License Act;

15 (2) successfully complete a real estate auction course

16 of at least 30 hours approved by the Department, which

17 shall cover the scope of activities that may be engaged in

18 by a person holding a real estate auction certification and

19 the activities for which a person must hold a real estate

20 license, as well as other material as provided by the

21 Department;

22 (3) provide documentation of the completion of the real

23 estate auction course; and

24 (4) successfully complete any other reasonable

25 requirements as provided by rule.

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1 (c) The auctioneer's role shall be limited to establishing

2 the time, place, and method of the real estate auction, placing

3 advertisements regarding the auction, and crying or calling the

4 auction; any other real estate brokerage activities must be

5 performed by a person holding a valid and active ~~real estate~~

6 broker's or managing broker's license under the provisions of

7 this Act or by a person who is exempt from holding a license

8 under paragraph (13) of Section 5-20 who has a certificate

9 under this Section.

10 (d) An auctioneer who conducts any real estate auction

11 activities in violation of this Section is guilty of unlicensed

12 practice under Section 20-10 of this Act.

13 (e) The Department may revoke, suspend, or otherwise

14 discipline the real estate auction certification of an

15 auctioneer who is adjudicated to be in violation of the

16 provisions of this Section or Section 20-15 of the Auction

17 License Act.

18 (f) Advertising for the real estate auction must contain

19 the name and address of the licensed ~~real estate~~ broker,

20 managing broker, or a licensed auctioneer under paragraph (13)

21 of Section 5-20 of this Act who is providing brokerage services

22 for the transaction.

23 (g) The requirement to hold a real estate auction

24 certification shall not apply to a person exempt from this Act

25 under the provisions of paragraph (13) of Section 5-20 of this

26 Act, unless that person is performing licensed activities in a

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1 transaction in which a licensed auctioneer with a real estate

2 certification is providing the limited services provided for in

3 subsection (c) of this Section.

4 (h) Nothing in this Section shall require a person licensed

5 under this Act as a ~~real estate~~ broker or managing broker to

6 obtain a real estate auction certification in order to auction

7 real estate.

8 (i) The Department may adopt rules to implement this

9 Section.

10 (Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14.)

11 (225 ILCS 454/5-35)

12 (Section scheduled to be repealed on January 1, 2020)

13 Sec. 5-35. Examination; managing broker, broker,

14 ~~salesperson,~~ or leasing agent.

15 (a) The Department shall authorize examinations at such

16 times and places as it may designate. The examination shall be

17 of a character to give a fair test of the qualifications of the

18 applicant to practice as a managing broker, broker,

19 ~~salesperson,~~ or leasing agent. Applicants for examination as a

20 managing broker, broker, ~~salesperson,~~ or leasing agent shall be

21 required to pay, either to the Department or the designated

22 testing service, a fee covering the cost of providing the

23 examination. Failure to appear for the examination on the

24 scheduled date, at the time and place specified, after the

25 applicant's application for examination has been received and

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1 acknowledged by the Department or the designated testing

2 service, shall result in the forfeiture of the examination fee.

3 An applicant shall be eligible to take the examination only

4 after successfully completing the education requirements and

5 attaining the minimum age provided for in Article 5 of this

6 Act. Each applicant shall be required to establish compliance

7 with the eligibility requirements in the manner provided by the

8 rules promulgated for the administration of this Act.

9 (b) If a person who has received a passing score on the

10 written examination described in this Section fails to file an

11 application and meet all requirements for a license under this

12 Act within one year after receiving a passing score on the

13 examination, credit for the examination shall terminate. The

14 person thereafter may make a new application for examination.

15 (c) If an applicant has failed an examination 4 times, the

16 applicant must repeat the pre-license education required to sit

17 for the examination. For the purposes of this Section, the

18 fifth attempt shall be the same as the first. Approved

19 education, as prescribed by this Act for licensure as a

20 ~~salesperson or~~broker, shall be valid for 4 years after the

21 date of satisfactory completion of the education.

22 (d) The Department may employ consultants for the purposes

23 of preparing and conducting examinations.

24 (Source: P.A. 96-856, eff. 12-31-09.)

25 (225 ILCS 454/5-41)

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1 (Section scheduled to be repealed on January 1, 2020)

2 Sec. 5-41. Change of address. A licensee shall notify the

3 Department of the address or addresses, and of every change of

4 address, where the licensee practices as a leasing agent,

5 ~~salesperson,~~ broker or managing broker.

6 (Source: P.A. 96-856, eff. 12-31-09.)

7 (225 ILCS 454/5-50)

8 (Section scheduled to be repealed on January 1, 2020)

9 Sec. 5-50. Expiration and renewal of managing broker,

10 broker, ~~salesperson,~~or leasing agent license; sponsoring

11 broker; register of licensees; pocket card.

12 (a) The expiration date and renewal period for each license

13 issued under this Act shall be set by rule~~, except that the~~

14 ~~first renewal period ending after the effective date of this~~

15 ~~Act for those licensed as a salesperson shall be extended~~

16 ~~through April 30, 2012~~. Except as otherwise provided in this

17 Section, the holder of a license may renew the license within

18 90 days preceding the expiration date thereof by completing the

19 continuing education required by this Act and paying the fees

20 specified by rule.

21 (b) An individual whose first license is that of a broker

22 received after April 30, 2011, must provide evidence of having

23 completed 30 hours of post-license education in courses

24 approved by the Advisory Council, 15 hours of which must

25 consist of situational and case studies presented in the

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1 classroom or by other interactive delivery method between the

2 instructor and the students, and personally take and pass an

3 examination approved by the Department prior to the first

4 renewal of their broker's license.

5 (c) Any ~~salesperson until April 30, 2011 or any~~ managing

6 broker, broker, or leasing agent whose license under this Act

7 has expired shall be eligible to renew the license during the

8 2-year period following the expiration date, provided the

9 managing broker, broker, salesperson, or leasing agent pays the

10 fees as prescribed by rule and completes continuing education

11 and other requirements provided for by the Act or by rule.

12 Beginning on May 1, 2012, a managing broker licensee, broker,

13 or leasing agent whose license has been expired for more than 2

14 years but less than 5 years may have it restored by (i)

15 applying to the Department, (ii) paying the required fee, (iii)

16 completing the continuing education requirements for the most

17 recent pre-renewal period that ended prior to the date of the

18 application for reinstatement, and (iv) filing acceptable

19 proof of fitness to have his or her license restored, as set by

20 rule. A managing broker, broker, or leasing agent whose license

21 has been expired for more than 5 years shall be required to

22 meet the requirements for a new license.

23 (d) Notwithstanding any other provisions of this Act to the

24 contrary, any managing broker, broker, ~~salesperson,~~ or leasing

25 agent whose license expired while he or she was (i) on active

26 duty with the Armed Forces of the United States or called into

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1 service or training by the state militia, (ii) engaged in

2 training or education under the supervision of the United

3 States preliminary to induction into military service, or (iii)

4 serving as the Coordinator of Real Estate in the State of

5 Illinois or as an employee of the Department may have his or

6 her license renewed, reinstated or restored without paying any

7 lapsed renewal fees if within 2 years after the termination of

8 the service, training or education by furnishing the Department

9 with satisfactory evidence of service, training, or education

10 and it has been terminated under honorable conditions.

11 (e) The Department shall establish and maintain a register

12 of all persons currently licensed by the State and shall issue

13 and prescribe a form of pocket card. Upon payment by a licensee

14 of the appropriate fee as prescribed by rule for engagement in

15 the activity for which the licensee is qualified and holds a

16 license for the current period, the Department shall issue a

17 pocket card to the licensee. The pocket card shall be

18 verification that the required fee for the current period has

19 been paid and shall indicate that the person named thereon is

20 licensed for the current renewal period as a managing broker,

21 broker, ~~salesperson,~~or leasing agent as the case may be. The

22 pocket card shall further indicate that the person named

23 thereon is authorized by the Department to engage in the

24 licensed activity appropriate for his or her status (managing

25 broker, broker, ~~salesperson,~~or leasing agent). Each licensee

26 shall carry on his or her person his or her pocket card or, if

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1 such pocket card has not yet been issued, a properly issued

2 sponsor card when engaging in any licensed activity and shall

3 display the same on demand.

4 (f) The Department shall provide to the sponsoring broker a

5 notice of renewal for all sponsored licensees by mailing the

6 notice to the sponsoring broker's address of record, or, at the

7 Department's discretion, by an electronic means as provided for

8 by rule.

9 (g) Upon request from the sponsoring broker, the Department

10 shall make available to the sponsoring broker, either by mail

11 or by an electronic means at the discretion of the Department,

12 a listing of licensees under this Act who, according to the

13 records of the Department, are sponsored by that broker. Every

14 licensee associated with or employed by a broker whose license

15 is revoked, suspended, terminated, or expired shall be

16 considered as inoperative until such time as the sponsoring

17 broker's license is reinstated or renewed, or the licensee

18 changes employment as set forth in subsection (c) of Section

19 5-40 of this Act.

20 (Source: P.A. 98-531, eff. 8-23-13.)

21 (225 ILCS 454/5-60)

22 (Section scheduled to be repealed on January 1, 2020)

23 Sec. 5-60. Managing broker licensed in another state;

24 broker licensed in another state; ~~salesperson licensed in~~

25 ~~another state;~~reciprocal agreements; agent for service of

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1 process.

2 (a) Effective May 1, 2011, a managing broker's license may

3 be issued by the Department to a managing broker or its

4 equivalent licensed under the laws of another state of the

5 United States, under the following conditions:

6 (1) the managing broker holds a managing broker's

7 license in a state that has entered into a reciprocal

8 agreement with the Department;

9 (2) the standards for that state for licensing as a

10 managing broker are substantially equal to or greater than

11 the minimum standards in the State of Illinois;

12 (3) the managing broker has been actively practicing as

13 a managing broker in the managing broker's state of

14 licensure for a period of not less than 2 years,

15 immediately prior to the date of application;

16 (4) the managing broker furnishes the Department with a

17 statement under seal of the proper licensing authority of

18 the state in which the managing broker is licensed showing

19 that the managing broker has an active managing broker's

20 license, that the managing broker is in good standing, and

21 that no complaints are pending against the managing broker

22 in that state;

23 (5) the managing broker passes a test on Illinois

24 specific real estate brokerage laws; and

25 (6) the managing broker was licensed by an examination

26 in the state that has entered into a reciprocal agreement

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1 with the Department.

2 (b) A broker's license may be issued by the Department to a

3 broker or its equivalent licensed under the laws of another

4 state of the United States, under the following conditions:

5 (1) the broker holds a broker's license in a state that

6 has entered into a reciprocal agreement with the

7 Department;

8 (2) the standards for that state for licensing as a

9 broker are substantially equivalent to or greater than the

10 minimum standards in the State of Illinois;

11 (3) if the application is made prior to May 1, 2012,

12 then the broker has been actively practicing as a broker in

13 the broker's state of licensure for a period of not less

14 than 2 years, immediately prior to the date of application;

15 (4) the broker furnishes the Department with a

16 statement under seal of the proper licensing authority of

17 the state in which the broker is licensed showing that the

18 broker has an active broker's license, that the broker is

19 in good standing, and that no complaints are pending

20 against the broker in that state;

21 (5) the broker passes a test on Illinois specific real

22 estate brokerage laws; and

23 (6) the broker was licensed by an examination in a

24 state that has entered into a reciprocal agreement with the

25 Department.

26 (c) (Blank). ~~Prior to May 1, 2011, a salesperson may, in~~

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1 ~~the discretion of the Department, be issued a salesperson's~~

2 ~~license provided all of the following conditions are met:~~

3 ~~(1) the salesperson maintains an active license in the~~

4 ~~state that has entered into a reciprocal agreement with the~~

5 ~~Department;~~

6 ~~(2) the salesperson passes a test on Illinois specific~~

7 ~~real estate brokerage laws; and~~

8 ~~(3) the salesperson was licensed by an examination in~~

9 ~~the state that has entered into a reciprocal agreement with~~

10 ~~the Department.~~

11 ~~The broker with whom the salesperson is associated shall~~

12 ~~comply with the provisions of this Act and issue the~~

13 ~~salesperson a sponsor card upon the form provided by the~~

14 ~~Department.~~

15 (d) As a condition precedent to the issuance of a license

16 to a managing broker~~,~~or broker~~, or salesperson~~ pursuant to

17 this Section, the managing broker orbroker ~~salesperson~~ shall

18 agree in writing to abide by all the provisions of this Act

19 with respect to his or her real estate activities within the

20 State of Illinois and submit to the jurisdiction of the

21 Department as provided in this Act. The agreement shall be

22 filed with the Department and shall remain in force for so long

23 as the managing broker~~,~~ or broker ~~or salesperson~~ is licensed by

24 this State and thereafter with respect to acts or omissions

25 committed while licensed as a managingbroker orbroker

26 ~~salesperson~~ in this State.

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1 (e) Prior to the issuance of any license to any managing

2 broker~~,~~ or broker~~, or salesperson licensed~~ pursuant to this

3 Section, verification of active licensure issued for the

4 conduct of such business in any other state must be filed with

5 the Department by the managing broker~~,~~ or broker, ~~or~~

6 ~~salesperson,~~and the same fees must be paid as provided in this

7 Act for the obtaining of a managing broker's~~,~~ or broker's ~~or~~

8 ~~salesperson's~~ license in this State.

9 (f) Licenses previously granted under reciprocal

10 agreements with other states shall remain in force so long as

11 the Department has a reciprocal agreement with the state that

12 includes the requirements of this Section, unless that license

13 is suspended, revoked, or terminated by the Department for any

14 reason provided for suspension, revocation, or termination of a

15 resident licensee's license. Licenses granted under reciprocal

16 agreements may be renewed in the same manner as a resident's

17 license.

18 (g) Prior to the issuance of a license to a nonresident

19 managing broker~~,~~ or broker ~~or salesperson~~, the managing broker~~,~~

20 or broker ~~or salesperson~~ shall file with the Department a

21 designation in writing that appoints the Secretary to act as

22 his or her agent upon whom all judicial and other process or

23 legal notices directed to the managing broker~~,~~ or broker ~~or~~

24 ~~salesperson~~ may be served. Service upon the agent so designated

25 shall be equivalent to personal service upon the licensee.

26 Copies of the appointment, certified by the Secretary, shall be

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1 deemed sufficient evidence thereof and shall be admitted in

2 evidence with the same force and effect as the original thereof

3 might be admitted. In the written designation, the managing

4 broker~~,~~or broker ~~or salesperson~~shall agree that any lawful

5 process against the licensee that is served upon the agent

6 shall be of the same legal force and validity as if served upon

7 the licensee and that the authority shall continue in force so

8 long as any liability remains outstanding in this State. Upon

9 the receipt of any process or notice, the Secretary shall

10 forthwith mail a copy of the same by certified mail to the last

11 known business address of the licensee.

12 (h) Any person holding a valid license under this Section

13 shall be eligible to obtain a~~resident~~ managing broker's

14 license~~,~~ ora broker's license~~, or, prior to May 1, 2011, a~~

15 ~~salesperson's license~~ without examination should that person

16 change their state of domicile to Illinois and that person

17 otherwise meets the qualifications for licensure under this

18 Act.

19 (Source: P.A. 96-856, eff. 12-31-09.)

20 (225 ILCS 454/5-70)

21 (Section scheduled to be repealed on January 1, 2020)

22 Sec. 5-70. Continuing education requirement; managing

23 broker~~,~~ or broker~~, or salesperson~~.

24 (a) The requirements of this Section apply to all managing

25 brokers~~,~~ and brokers~~, and salespersons~~.

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1 (b) Except as otherwise provided in this Section, each

2 person who applies for renewal of his or her license as a

3 managing broker~~,~~ or ~~real estate~~ broker~~, or real estate~~

4 ~~salesperson~~ must successfully complete 6 hours of real estate

5 continuing education courses approved by the Advisory Council

6 for each year of the pre-renewal period. ~~Broker licensees must~~

7 ~~successfully complete a 6-hour broker management continuing~~

8 ~~education course approved by the Department for the pre-renewal~~

9 ~~period ending April 30, 2010.~~ In addition, beginning with the

10 pre-renewal period for managing broker licensees that begins

11 after the effective date of this Act, those licensees renewing

12 or obtaining a managing broker's license must successfully

13 complete a 12-hour broker management continuing education

14 course approved by the Department each pre-renewal period. The

15 broker management continuing education course must be

16 completed in the classroom or by other interactive delivery

17 method between the instructor and the students. Successful

18 completion of the course shall include achieving a passing

19 score as provided by rule on a test developed and administered

20 in accordance with rules adopted by the Department. No license

21 may be renewed except upon the successful completion of the

22 required courses or their equivalent or upon a waiver of those

23 requirements for good cause shown as determined by the

24 Secretary with the recommendation of the Advisory Council. The

25 requirements of this Article are applicable to all managing

26 brokers~~,~~ and brokers~~, and salespersons~~except thosemanaging

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1 brokers andbrokers ~~salespersons~~ who, during the pre-renewal

2 period:

3 (1) serve in the armed services of the United States;

4 (2) serve as an elected State or federal official;

5 (3) serve as a full-time employee of the Department; or

6 (4) are admitted to practice law pursuant to Illinois

7 Supreme Court rule.

8 (c) (Blank). ~~A person licensed as a salesperson as of April~~

9 ~~30, 2011 shall not be required to complete the 18 hours of~~

10 ~~continuing education for the pre-renewal period ending April~~

11 ~~30, 2012 if that person takes the 30-hour post-licensing course~~

12 ~~to obtain a broker's license. A person licensed as a broker as~~

13 ~~of April 30, 2011 shall not be required to complete the 12~~

14 ~~hours of broker management continuing education for the~~

15 ~~pre-renewal period ending April 30, 2012, unless that person~~

16 ~~passes the proficiency exam provided for in Section 5-47 of~~

17 ~~this Act to qualify for a managing broker's license.~~

18 (d) A person receiving an initial license during the 90

19 days before the renewal date shall not be required to complete

20 the continuing education courses provided for in subsection (b)

21 of this Section as a condition of initial license renewal.

22 (e) The continuing education requirement for ~~salespersons,~~

23 brokers and managing brokers shall consist of a core curriculum

24 and an elective curriculum, to be established by the Advisory

25 Council. In meeting the continuing education requirements of

26 this Act, at least 3 hours per year or their equivalent, 6

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1 hours for each two-year pre-renewal period, shall be required

2 to be completed in the core curriculum. In establishing the

3 core curriculum, the Advisory Council shall consider subjects

4 that will educate licensees on recent changes in applicable

5 laws and new laws and refresh the licensee on areas of the

6 license law and the Department policy that the Advisory Council

7 deems appropriate, and any other areas that the Advisory

8 Council deems timely and applicable in order to prevent

9 violations of this Act and to protect the public. In

10 establishing the elective curriculum, the Advisory Council

11 shall consider subjects that cover the various aspects of the

12 practice of real estate that are covered under the scope of

13 this Act. However, the elective curriculum shall not include

14 any offerings referred to in Section 5-85 of this Act.

15 (f) The subject areas of continuing education courses

16 approved by the Advisory Council may include without limitation

17 the following:

18 (1) license law and escrow;

19 (2) antitrust;

20 (3) fair housing;

21 (4) agency;

22 (5) appraisal;

23 (6) property management;

24 (7) residential brokerage;

25 (8) farm property management;

26 (9) rights and duties of sellers, buyers, and brokers;

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1 (10) commercial brokerage and leasing; and

2 (11) real estate financing.

3 (g) In lieu of credit for those courses listed in

4 subsection (f) of this Section, credit may be earned for

5 serving as a licensed instructor in an approved course of

6 continuing education. The amount of credit earned for teaching

7 a course shall be the amount of continuing education credit for

8 which the course is approved for licensees taking the course.

9 (h) Credit hours may be earned for self-study programs

10 approved by the Advisory Council.

11 (i) A managing broker or broker ~~salesperson~~ may earn credit

12 for a specific continuing education course only once during the

13 prerenewal period.

14 (j) No more than 6 hours of continuing education credit may

15 be taken or earned in one calendar day.

16 (k) To promote the offering of a uniform and consistent

17 course content, the Department may provide for the development

18 of a single broker management course to be offered by all

19 continuing education providers who choose to offer the broker

20 management continuing education course. The Department may

21 contract for the development of the 12-hour broker management

22 continuing education course with an outside vendor or

23 consultant and, if the course is developed in this manner, the

24 Department or the outside consultant shall license the use of

25 that course to all approved continuing education providers who

26 wish to provide the course.

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1 (l) Except as specifically provided in this Act, continuing

2 education credit hours may not be earned for completion of pre

3 or post-license courses. The approved 30-hour post-license

4 course for broker licensees shall satisfy the continuing

5 education requirement for the pre-renewal period in which the

6 course is taken. The approved 45-hour brokerage administration

7 and management course shall satisfy the 12-hour broker

8 management continuing education requirement for the

9 pre-renewal period in which the course is taken.

10 (Source: P.A. 97-1002, eff. 8-17-12; 98-531, eff. 8-23-13.)

11 (225 ILCS 454/10-10)

12 (Section scheduled to be repealed on January 1, 2020)

13 Sec. 10-10. Disclosure of compensation.

14 (a) A licensee must disclose to a client the sponsoring

15 broker's compensation and policy with regard to cooperating

16 with brokers who represent other parties in a transaction.

17 (b) A licensee must disclose to a client all sources of

18 compensation related to the transaction received by the

19 licensee from a third party.

20 (c) If a licensee refers a client to a third party in which

21 the licensee has greater than a 1% ownership interest or from

22 which the licensee receives or may receive dividends or other

23 profit sharing distributions, other than a publicly held or

24 traded company, for the purpose of the client obtaining

25 services related to the transaction, then the licensee shall

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1 disclose that fact to the client at the time of making the

2 referral.

3 (d) If in any one transaction a sponsoring broker receives

4 compensation from both the buyer and seller or lessee and

5 lessor of real estate, the sponsoring broker shall disclose in

6 writing to a client the fact that the compensation is being

7 paid by both buyer and seller or lessee and lessor.

8 (e) Nothing in the Act shall prohibit the cooperation with

9 or a payment of compensation to a person not domiciled in this

10 State or country who is licensed as a ~~real estate~~broker in his

11 or her state or country of domicile or to a resident of a

12 country that does not require a person to be licensed to act as

13 a ~~real estate~~broker if the person complies with the laws of

14 the country in which that person resides and practices there as

15 a ~~real estate~~ broker.

16 (Source: P.A. 91-245, eff. 12-31-99; 92-217, eff. 8-2-01.)

17 (225 ILCS 454/10-15)

18 (Section scheduled to be repealed on January 1, 2020)

19 Sec. 10-15. No compensation to persons in violation of Act;

20 compensation to unlicensed persons; consumer.

21 (a) No compensation may be paid to any unlicensed person in

22 exchange for the person performing licensed activities in

23 violation of this Act.

24 (b) No action or suit shall be instituted, nor recovery

25 therein be had, in any court of this State by any person,

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1 partnership, registered limited liability partnership, limited

2 liability company, or corporation for compensation for any act

3 done or service performed, the doing or performing of which is

4 prohibited by this Act to other than licensed managing brokers,

5 brokers, ~~salespersons,~~or leasing agents unless the person,

6 partnership, registered limited liability partnership, limited

7 liability company, or corporation was duly licensed hereunder

8 as a managing broker, broker,~~salesperson,~~ or leasing agent

9 under this Act at the time that any such act was done or

10 service performed that would give rise to a cause of action for

11 compensation.

12 (c) A licensee may offer compensation, including prizes,

13 merchandise, services, rebates, discounts, or other

14 consideration to an unlicensed person who is a party to a

15 contract to buy or sell real estate or is a party to a contract

16 for the lease of real estate, so long as the offer complies

17 with the provisions of subdivision (35) of subsection (a) of

18 Section 20-20 of this Act.

19 (d) A licensee may offer cash, gifts, prizes, awards,

20 coupons, merchandise, rebates or chances to win a game of

21 chance, if not prohibited by any other law or statute, to a

22 consumer as an inducement to that consumer to use the services

23 of the licensee even if the licensee and consumer do not

24 ultimately enter into a broker-client relationship so long as

25 the offer complies with the provisions of subdivision (35) of

26 subsection (a) of Section 20-20 of this Act.

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1 (Source: P.A. 96-856, eff. 12-31-09.)

2 (225 ILCS 454/15-5)

3 (Section scheduled to be repealed on January 1, 2020)

4 Sec. 15-5. Legislative intent.

5 (a) The General Assembly finds that application of the

6 common law of agency to the relationships amongmanaging ~~real~~

7 ~~estate~~ brokers and brokers ~~salespersons~~and consumers of real

8 estate brokerage services has resulted in misunderstandings

9 and consequences that have been contrary to the best interests

10 of the public. The General Assembly further finds that the real

11 estate brokerage industry has a significant impact upon the

12 economy of the State of Illinois and that it is in the best

13 interest of the public to provide codification of the

14 relationships between managing ~~real estate~~ brokers and brokers

15 ~~salespersons~~and consumers of real estate brokerage services in

16 order to prevent detrimental misunderstandings and

17 misinterpretations of the relationships by consumers, managing

18 ~~real estate~~ brokers, and brokers ~~salespersons~~and thus promote

19 and provide stability in the real estate market. This Article

20 15 is enacted to govern the relationships between consumers of

21 real estate brokerage services and managing ~~real estate~~ brokers

22 and brokers~~salespersons~~ to the extent not governed by an

23 individual written agreement between a sponsoring broker and a

24 consumer, providing that there is a relationship other than

25 designated agency. This Article 15 applies to the exclusion of

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1 the common law concepts of principal and agent and to the

2 fiduciary duties, which have been applied tomanaging ~~real~~

3 ~~estate~~ brokers, brokers ~~salespersons~~, and real estate

4 brokerage services.

5 (b) The General Assembly further finds that this Article 15

6 is not intended to prescribe or affect contractual

7 relationships between managing brokers and ~~real estate~~ brokers

8 and the broker's affiliated licensees.

9 (c) This Article 15 may serve as a basis for private rights

10 of action and defenses by sellers, buyers, landlords, tenants,

11 managing brokers, and ~~real estate~~ brokers~~, and real estate~~

12 ~~salespersons~~. The private rights of action, however, do not

13 extend to the provisions of any other Articles of this Act.

14 (Source: P.A. 91-245, eff. 12-31-99.)

15 (225 ILCS 454/20-10)

16 (Section scheduled to be repealed on January 1, 2020)

17 Sec. 20-10. Unlicensed practice; civil penalty.

18 (a) Any person who practices, offers to practice, attempts

19 to practice, or holds oneself out to practice as amanaging

20 ~~real estate~~ broker, broker ~~real estate salesperson~~, or leasing

21 agent without being licensed under this Act shall, in addition

22 to any other penalty provided by law, pay a civil penalty to

23 the Department in an amount not to exceed $25,000 for each

24 offense as determined by the Department. The civil penalty

25 shall be assessed by the Department after a hearing is held in

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1 accordance with the provisions set forth in this Act regarding

2 the provision of a hearing for the discipline of a license.

3 (b) The Department has the authority and power to

4 investigate any and all unlicensed activity.

5 (c) The civil penalty shall be paid within 60 days after

6 the effective date of the order imposing the civil penalty. The

7 order shall constitute a judgment and may be filed and

8 execution had thereon in the same manner from any court of

9 record.

10 (Source: P.A. 96-856, eff. 12-31-09.)

11 (225 ILCS 454/20-20)

12 (Section scheduled to be repealed on January 1, 2020)

13 Sec. 20-20. Grounds for discipline.

14 (a) The Department may refuse to issue or renew a license,

15 may place on probation, suspend, or revoke any license,

16 reprimand, or take any other disciplinary or non-disciplinary

17 action as the Department may deem proper and impose a fine not

18 to exceed $25,000 upon any licensee or applicant under this Act

19 or any person who holds himself or herself out as an applicant

20 or licensee or against a licensee in handling his or her own

21 property, whether held by deed, option, or otherwise, for any

22 one or any combination of the following causes:

23 (1) Fraud or misrepresentation in applying for, or

24 procuring, a license under this Act or in connection with

25 applying for renewal of a license under this Act.

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1 (2) The conviction of or plea of guilty or plea of nolo

2 contendere to a felony or misdemeanor in this State or any

3 other jurisdiction; or the entry of an administrative

4 sanction by a government agency in this State or any other

5 jurisdiction. Action taken under this paragraph (2) for a

6 misdemeanor or an administrative sanction is limited to a

7 misdemeanor or administrative sanction that has as an

8 essential element dishonesty or fraud or involves larceny,

9 embezzlement, or obtaining money, property, or credit by

10 false pretenses or by means of a confidence game.

11 (3) Inability to practice the profession with

12 reasonable judgment, skill, or safety as a result of a

13 physical illness, including, but not limited to,

14 deterioration through the aging process or loss of motor

15 skill, or a mental illness or disability.

16 (4) Practice under this Act as a licensee in a retail

17 sales establishment from an office, desk, or space that is

18 not separated from the main retail business by a separate

19 and distinct area within the establishment.

20 (5) Having been disciplined by another state, the

21 District of Columbia, a territory, a foreign nation, or a

22 governmental agency authorized to impose discipline if at

23 least one of the grounds for that discipline is the same as

24 or the equivalent of one of the grounds for which a

25 licensee may be disciplined under this Act. A certified

26 copy of the record of the action by the other state or

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1 jurisdiction shall be prima facie evidence thereof.

2 (6) Engaging in the practice of real estate brokerage

3 without a license or after the licensee's license was

4 expired or while the license was inoperative.

5 (7) Cheating on or attempting to subvert the Real

6 Estate License Exam or continuing education exam.

7 (8) Aiding or abetting an applicant to subvert or cheat

8 on the Real Estate License Exam or continuing education

9 exam administered pursuant to this Act.

10 (9) Advertising that is inaccurate, misleading, or

11 contrary to the provisions of the Act.

12 (10) Making any substantial misrepresentation or

13 untruthful advertising.

14 (11) Making any false promises of a character likely to

15 influence, persuade, or induce.

16 (12) Pursuing a continued and flagrant course of

17 misrepresentation or the making of false promises through

18 licensees, employees, agents, advertising, or otherwise.

19 (13) Any misleading or untruthful advertising, or

20 using any trade name or insignia of membership in any real

21 estate organization of which the licensee is not a member.

22 (14) Acting for more than one party in a transaction

23 without providing written notice to all parties for whom

24 the licensee acts.

25 (15) Representing or attempting to represent a broker

26 other than the sponsoring broker.

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1 (16) Failure to account for or to remit any moneys or

2 documents coming into his or her possession that belong to

3 others.

4 (17) Failure to maintain and deposit in a special

5 account, separate and apart from personal and other

6 business accounts, all escrow moneys belonging to others

7 entrusted to a licensee while acting as a~~real estate~~

8 broker, escrow agent, or temporary custodian of the funds

9 of others or failure to maintain all escrow moneys on

10 deposit in the account until the transactions are

11 consummated or terminated, except to the extent that the

12 moneys, or any part thereof, shall be:

13 (A) disbursed prior to the consummation or

14 termination (i) in accordance with the written

15 direction of the principals to the transaction or their

16 duly authorized agents, (ii) in accordance with

17 directions providing for the release, payment, or

18 distribution of escrow moneys contained in any written

19 contract signed by the principals to the transaction or

20 their duly authorized agents, or (iii) pursuant to an

21 order of a court of competent jurisdiction; or

22 (B) deemed abandoned and transferred to the Office

23 of the State Treasurer to be handled as unclaimed

24 property pursuant to the Uniform Disposition of

25 Unclaimed Property Act. Escrow moneys may be deemed

26 abandoned under this subparagraph (B) only: (i) in the

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1 absence of disbursement under subparagraph (A); (ii)

2 in the absence of notice of the filing of any claim in

3 a court of competent jurisdiction; and (iii) if 6

4 months have elapsed after the receipt of a written

5 demand for the escrow moneys from one of the principals

6 to the transaction or the principal's duly authorized

7 agent.

8 The account shall be noninterest bearing, unless the

9 character of the deposit is such that payment of interest

10 thereon is otherwise required by law or unless the

11 principals to the transaction specifically require, in

12 writing, that the deposit be placed in an interest bearing

13 account.

14 (18) Failure to make available to the Department all

15 escrow records and related documents maintained in

16 connection with the practice of real estate within 24 hours

17 of a request for those documents by Department personnel.

18 (19) Failing to furnish copies upon request of

19 documents relating to a real estate transaction to a party

20 who has executed that document.

21 (20) Failure of a sponsoring broker to timely provide

22 information, sponsor cards, or termination of licenses to

23 the Department.

24 (21) Engaging in dishonorable, unethical, or

25 unprofessional conduct of a character likely to deceive,

26 defraud, or harm the public.

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1 (22) Commingling the money or property of others with

2 his or her own money or property.

3 (23) Employing any person on a purely temporary or

4 single deal basis as a means of evading the law regarding

5 payment of commission to nonlicensees on some contemplated

6 transactions.

7 (24) Permitting the use of his or her license as a

8 broker to enable aleasing agent ~~salesperson~~or unlicensed

9 person to operate a real estate business without actual

10 participation therein and control thereof by the broker.

11 (25) Any other conduct, whether of the same or a

12 different character from that specified in this Section,

13 that constitutes dishonest dealing.

14 (26) Displaying a "for rent" or "for sale" sign on any

15 property without the written consent of an owner or his or

16 her duly authorized agent or advertising by any means that

17 any property is for sale or for rent without the written

18 consent of the owner or his or her authorized agent.

19 (27) Failing to provide information requested by the

20 Department, or otherwise respond to that request, within 30

21 days of the request.

22 (28) Advertising by means of a blind advertisement,

23 except as otherwise permitted in Section 10-30 of this Act.

24 (29) Offering guaranteed sales plans, as defined in

25 clause (A) of this subdivision (29), except to the extent

26 hereinafter set forth:

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1 (A) A "guaranteed sales plan" is any real estate

2 purchase or sales plan whereby a licensee enters into a

3 conditional or unconditional written contract with a

4 seller, prior to entering into a brokerage agreement

5 with the seller, by the terms of which a licensee

6 agrees to purchase a property of the seller within a

7 specified period of time at a specific price in the

8 event the property is not sold in accordance with the

9 terms of a brokerage agreement to be entered into

10 between the sponsoring broker and the seller.

11 (B) A licensee offering a guaranteed sales plan

12 shall provide the details and conditions of the plan in

13 writing to the party to whom the plan is offered.

14 (C) A licensee offering a guaranteed sales plan

15 shall provide to the party to whom the plan is offered

16 evidence of sufficient financial resources to satisfy

17 the commitment to purchase undertaken by the broker in

18 the plan.

19 (D) Any licensee offering a guaranteed sales plan

20 shall undertake to market the property of the seller

21 subject to the plan in the same manner in which the

22 broker would market any other property, unless the

23 agreement with the seller provides otherwise.

24 (E) The licensee cannot purchase seller's property

25 until the brokerage agreement has ended according to

26 its terms or is otherwise terminated.

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1 (F) Any licensee who fails to perform on a

2 guaranteed sales plan in strict accordance with its

3 terms shall be subject to all the penalties provided in

4 this Act for violations thereof and, in addition, shall

5 be subject to a civil fine payable to the party injured

6 by the default in an amount of up to $25,000.

7 (30) Influencing or attempting to influence, by any

8 words or acts, a prospective seller, purchaser, occupant,

9 landlord, or tenant of real estate, in connection with

10 viewing, buying, or leasing real estate, so as to promote

11 or tend to promote the continuance or maintenance of

12 racially and religiously segregated housing or so as to

13 retard, obstruct, or discourage racially integrated

14 housing on or in any street, block, neighborhood, or

15 community.

16 (31) Engaging in any act that constitutes a violation

17 of any provision of Article 3 of the Illinois Human Rights

18 Act, whether or not a complaint has been filed with or

19 adjudicated by the Human Rights Commission.

20 (32) Inducing any party to a contract of sale or lease

21 or brokerage agreement to break the contract of sale or

22 lease or brokerage agreement for the purpose of

23 substituting, in lieu thereof, a new contract for sale or

24 lease or brokerage agreement with a third party.

25 (33) Negotiating a sale, exchange, or lease of real

26 estate directly with any person if the licensee knows that

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1 the person has an exclusive brokerage agreement with

2 another broker, unless specifically authorized by that

3 broker.

4 (34) When a licensee is also an attorney, acting as the

5 attorney for either the buyer or the seller in the same

6 transaction in which the licensee is acting or has acted as

7 a managingbroker orbroker ~~salesperson~~.

8 (35) Advertising or offering merchandise or services

9 as free if any conditions or obligations necessary for

10 receiving the merchandise or services are not disclosed in

11 the same advertisement or offer. These conditions or

12 obligations include without limitation the requirement

13 that the recipient attend a promotional activity or visit a

14 real estate site. As used in this subdivision (35), "free"

15 includes terms such as "award", "prize", "no charge", "free

16 of charge", "without charge", and similar words or phrases

17 that reasonably lead a person to believe that he or she may

18 receive or has been selected to receive something of value,

19 without any conditions or obligations on the part of the

20 recipient.

21 (36) Disregarding or violating any provision of the

22 Land Sales Registration Act of 1989, the Illinois Real

23 Estate Time-Share Act, or the published rules promulgated

24 by the Department to enforce those Acts.

25 (37) Violating the terms of a disciplinary order issued

26 by the Department.

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1 (38) Paying or failing to disclose compensation in

2 violation of Article 10 of this Act.

3 (39) Requiring a party to a transaction who is not a

4 client of the licensee to allow the licensee to retain a

5 portion of the escrow moneys for payment of the licensee's

6 commission or expenses as a condition for release of the

7 escrow moneys to that party.

8 (40) Disregarding or violating any provision of this

9 Act or the published rules promulgated by the Department to

10 enforce this Act or aiding or abetting any individual,

11 partnership, registered limited liability partnership,

12 limited liability company, or corporation in disregarding

13 any provision of this Act or the published rules

14 promulgated by the Department to enforce this Act.

15 (41) Failing to provide the minimum services required

16 by Section 15-75 of this Act when acting under an exclusive

17 brokerage agreement.

18 (42) Habitual or excessive use or addiction to alcohol,

19 narcotics, stimulants, or any other chemical agent or drug

20 that results in a managing broker, broker, ~~salesperson,~~ or

21 leasing agent's inability to practice with reasonable

22 skill or safety.

23 (43) Enabling, aiding, or abetting an auctioneer, as

24 defined in the Auction License Act, to conduct a real

25 estate auction in a manner that is in violation of this

26 Act.

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1 (b) The Department may refuse to issue or renew or may

2 suspend the license of any person who fails to file a return,

3 pay the tax, penalty or interest shown in a filed return, or

4 pay any final assessment of tax, penalty, or interest, as

5 required by any tax Act administered by the Department of

6 Revenue, until such time as the requirements of that tax Act

7 are satisfied in accordance with subsection (g) of Section

8 2105-15 of the Civil Administrative Code of Illinois.

9 (c) The Department shall deny a license or renewal

10 authorized by this Act to a person who has defaulted on an

11 educational loan or scholarship provided or guaranteed by the

12 Illinois Student Assistance Commission or any governmental

13 agency of this State in accordance with item (5) of subsection

14 (a) of Section 2105-15 of the Civil Administrative Code of

15 Illinois.

16 (d) In cases where the Department of Healthcare and Family

17 Services (formerly Department of Public Aid) has previously

18 determined that a licensee or a potential licensee is more than

19 30 days delinquent in the payment of child support and has

20 subsequently certified the delinquency to the Department may

21 refuse to issue or renew or may revoke or suspend that person's

22 license or may take other disciplinary action against that

23 person based solely upon the certification of delinquency made

24 by the Department of Healthcare and Family Services in

25 accordance with item (5) of subsection (a) of Section 2105-15

26 of the Civil Administrative Code of Illinois.

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1 (e) In enforcing this Section, the Department or Board upon

2 a showing of a possible violation may compel an individual

3 licensed to practice under this Act, or who has applied for

4 licensure under this Act, to submit to a mental or physical

5 examination, or both, as required by and at the expense of the

6 Department. The Department or Board may order the examining

7 physician to present testimony concerning the mental or

8 physical examination of the licensee or applicant. No

9 information shall be excluded by reason of any common law or

10 statutory privilege relating to communications between the

11 licensee or applicant and the examining physician. The

12 examining physicians shall be specifically designated by the

13 Board or Department. The individual to be examined may have, at

14 his or her own expense, another physician of his or her choice

15 present during all aspects of this examination. Failure of an

16 individual to submit to a mental or physical examination, when

17 directed, shall be grounds for suspension of his or her license

18 until the individual submits to the examination if the

19 Department finds, after notice and hearing, that the refusal to

20 submit to the examination was without reasonable cause.

21 If the Department or Board finds an individual unable to

22 practice because of the reasons set forth in this Section, the

23 Department or Board may require that individual to submit to

24 care, counseling, or treatment by physicians approved or

25 designated by the Department or Board, as a condition, term, or

26 restriction for continued, reinstated, or renewed licensure to

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1 practice; or, in lieu of care, counseling, or treatment, the

2 Department may file, or the Board may recommend to the

3 Department to file, a complaint to immediately suspend, revoke,

4 or otherwise discipline the license of the individual. An

5 individual whose license was granted, continued, reinstated,

6 renewed, disciplined or supervised subject to such terms,

7 conditions, or restrictions, and who fails to comply with such

8 terms, conditions, or restrictions, shall be referred to the

9 Secretary for a determination as to whether the individual

10 shall have his or her license suspended immediately, pending a

11 hearing by the Department.

12 In instances in which the Secretary immediately suspends a

13 person's license under this Section, a hearing on that person's

14 license must be convened by the Department within 30 days after

15 the suspension and completed without appreciable delay. The

16 Department and Board shall have the authority to review the

17 subject individual's record of treatment and counseling

18 regarding the impairment to the extent permitted by applicable

19 federal statutes and regulations safeguarding the

20 confidentiality of medical records.

21 An individual licensed under this Act and affected under

22 this Section shall be afforded an opportunity to demonstrate to

23 the Department or Board that he or she can resume practice in

24 compliance with acceptable and prevailing standards under the

25 provisions of his or her license.

26 (Source: P.A. 97-813, eff. 7-13-12; 97-1002, eff. 8-17-12;

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1 98-553, eff. 1-1-14; 98-756, eff. 7-16-14.)

2 (225 ILCS 454/20-21)

3 (Section scheduled to be repealed on January 1, 2020)

4 Sec. 20-21. Injunctions; cease and desist order.

5 (a) If any person violates the provisions of this Act, the

6 Secretary may, in the name of the People of the State of

7 Illinois, through the Attorney General of the State of Illinois

8 or the State's Attorney for any county in which the action is

9 brought, petition for an order enjoining the violation or for

10 an order enforcing compliance with this Act. Upon the filing of

11 a verified petition in court, the court may issue a temporary

12 restraining order, without notice or condition, and may

13 preliminarily and permanently enjoin the violation. If it is

14 established that the person has violated or is violating the

15 injunction, the Court may punish the offender for contempt of

16 court. Proceedings under this Section shall be in addition to,

17 and not in lieu of, all other remedies and penalties provided

18 by this Act.

19 (b) Whenever in the opinion of the Department a person

20 violates a provision of this Act, the Department may issue a

21 ruling to show cause why an order to cease and desist should

22 not be entered against that person. The rule shall clearly set

23 forth the grounds relied upon by the Department and shall allow

24 at least 7 days from the date of the rule to file an answer to

25 the satisfaction of the Department. Failure to answer to the

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1 satisfaction of the Department shall cause an order to cease

2 and desist to be issued immediately.

3 (c) Other than as provided in Section 5-20 of this Act, if

4 any person practices as a managing ~~real estate~~ broker, broker,

5 ~~real estate salesperson~~ or leasing agent or holds himself or

6 herself out as a licensed sponsoring broker, managing broker,

7 ~~real estate~~ broker, ~~real estate salesperson~~ or leasing agent

8 under this Act without being issued a valid existing license by

9 the Department, then any licensed sponsoring broker, managing

10 broker, ~~real estate~~ broker, ~~real estate salesperson,~~ leasing

11 agent, any interested party, or any person injured thereby may,

12 in addition to the Secretary, petition for relief as provided

13 in subsection (a) of this Section.

14 (Source: P.A. 96-856, eff. 12-31-09.)

15 (225 ILCS 454/20-22)

16 (Section scheduled to be repealed on January 1, 2020)

17 Sec. 20-22. Violations. Any person who is found working or

18 acting as a managing broker, ~~real estate~~ broker, ~~real estate~~

19 ~~salesperson,~~ or leasing agent or holding himself or herself out

20 as a licensed sponsoring broker, managing broker, ~~real estate~~

21 broker, ~~real estate salesperson,~~ or leasing agent without being

22 issued a valid existing license is guilty of a Class A

23 misdemeanor and on conviction of a second or subsequent offense

24 the violator shall be guilty of a Class 4 felony.

25 (Source: P.A. 96-856, eff. 12-31-09.)

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1 (225 ILCS 454/20-85)

2 (Section scheduled to be repealed on January 1, 2020)

3 Sec. 20-85. Recovery from Real Estate Recovery Fund. The

4 Department shall maintain a Real Estate Recovery Fund from

5 which any person aggrieved by an act, representation,

6 transaction, or conduct of a licensee or unlicensed employee of

7 a licensee that is in violation of this Act or the rules

8 promulgated pursuant thereto, constitutes embezzlement of

9 money or property, or results in money or property being

10 unlawfully obtained from any person by false pretenses,

11 artifice, trickery, or forgery or by reason of any fraud,

12 misrepresentation, discrimination, or deceit by or on the part

13 of any such licensee or the unlicensed employee of a licensee

14 and that results in a loss of actual cash money, as opposed to

15 losses in market value,rent, or security deposits, may

16 recover. The aggrieved person may recover, by a post-judgment

17 order of the circuit court of the county where the violation

18 occurred in a proceeding described in Section 20-90 of this

19 Act, an amount of not more than $25,000 from the Fund for

20 damages sustained by the act, representation, transaction, or

21 conduct, together with costs of suit and attorney's fees

22 incurred in connection therewith of not to exceed 15% of the

23 amount of the recovery ordered paid from the Fund. However, no

24 person ~~licensee~~may recover from the Fund unless the court

25 finds that the person suffered a loss resulting from

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1 intentional misconduct. The post-judgment order shall not

2 include interest on the judgment. The maximum liability against

3 the Fund arising out of any one act shall be as provided in

4 this Section, and the post-judgment order shall spread the

5 award equitably among all co-owners or otherwise aggrieved

6 persons, if any. The maximum liability against the Fund arising

7 out of the activities of any one licensee or one unlicensed

8 employee of a licensee, since January 1, 1974, shall be

9 $100,000. Nothing in this Section shall be construed to

10 authorize recovery from the Fund unless the loss of the

11 aggrieved person results from an act or omission of a licensee

12 under this Act who was at the time of the act or omission

13 acting in such capacity or was apparently acting in such

14 capacity or their unlicensed employee and unless the aggrieved

15 person has obtained a valid judgment and post-judgment order of

16 the court as provided for in Section 20-90 of this Act. No

17 person aggrieved by an act, representation, or transaction that

18 is in violation of the Illinois Real Estate Time-Share Act or

19 the Land Sales Registration Act of 1989 may recover from the

20 Fund.

21 (Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)

22 (225 ILCS 454/25-10)

23 (Section scheduled to be repealed on January 1, 2020)

24 Sec. 25-10. Real Estate Administration and Disciplinary

25 Board; duties.There is created the Real Estate Administration

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1 and Disciplinary Board. The Board shall be composed of 9

2 persons appointed by the Governor. Members shall be appointed

3 to the Board subject to the following conditions:

4 (1) All members shall have been residents and citizens

5 of this State for at least 6 years prior to the date of

6 appointment.

7 (2) Six members shall have been actively engaged as

8 managingbrokers orbrokers ~~salespersons~~or both for at

9 least the 10 years prior to the appointment.

10 (3) Three members of the Board shall be public members

11 who represent consumer interests.

12 None of these members shall be (i) a person who is licensed

13 under this Act or a similar Act of another jurisdiction, (ii)

14 the spouse or family member of a licensee, (iii) a person who

15 has an ownership interest in a real estate brokerage business,

16 or (iv) a person the Department determines to have any other

17 connection with a real estate brokerage business or a licensee.

18 The members' terms shall be 4 years or until their successor is

19 appointed, and the expiration of their terms shall be

20 staggered. Appointments to fill vacancies shall be for the

21 unexpired portion of the term. The membership of the Board

22 should reasonably reflect the geographic distribution of the

23 licensee population in this State. In making the appointments,

24 the Governor shall give due consideration to the

25 recommendations by members and organizations of the

26 profession. The Governor may terminate the appointment of any

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1 member for cause that in the opinion of the Governor reasonably

2 justifies the termination. Cause for termination shall include

3 without limitation misconduct, incapacity, neglect of duty, or

4 missing 4 board meetings during any one calendar year. Each

5 member of the Board may receive a per diem stipend in an amount

6 to be determined by the Secretary. Each member shall be paid

7 his or her necessary expenses while engaged in the performance

8 of his or her duties. Such compensation and expenses shall be

9 paid out of the Real Estate License Administration Fund. The

10 Secretary shall consider the recommendations of the Board on

11 questions involving standards of professional conduct,

12 discipline, and examination of candidates under this Act. The

13 Department, after notifying and considering the

14 recommendations of the Board, if any, may issue rules,

15 consistent with the provisions of this Act, for the

16 administration and enforcement thereof and may prescribe forms

17 that shall be used in connection therewith. Five Board members

18 shall constitute a quorum. A quorum is required for all Board

19 decisions.

20 (Source: P.A. 98-1109, eff. 1-1-15.)

21 (225 ILCS 454/25-25)

22 (Section scheduled to be repealed on January 1, 2020)

23 Sec. 25-25. Real Estate Research and Education Fund. A

24 special fund to be known as the Real Estate Research and

25 Education Fund is created and shall be held in trust in the

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1 State Treasury. Annually, on September 15th, the State

2 Treasurer shall cause a transfer of $125,000 to the Real Estate

3 Research and Education Fund from the Real Estate License

4 Administration Fund. The Real Estate Research and Education

5 Fund shall be administered by the Department. Money deposited

6 in the Real Estate Research and Education Fund may be used for

7 research and education at state institutions of higher

8 education or other organizations for research and the

9 advancement of education in the real estate industry. Of the

10 $125,000 annually transferred into the Real Estate Research and

11 Education Fund, $15,000 shall be used to fund a scholarship

12 program for persons of minority racial origin who wish to

13 pursue a course of study in the field of real estate. For the

14 purposes of this Section, "course of study" means a course or

15 courses that are part of a program of courses in the field of

16 real estate designed to further an individual's knowledge or

17 expertise in the field of real estate. These courses shall

18 include without limitation ~~courses that a salesperson licensed~~

19 ~~under this Act must complete to qualify for a real estate~~

20 ~~broker's license,~~ courses that a broker licensed under this Act

21 must complete to qualify for a managing broker's license,

22 courses required to obtain the Graduate Realtors Institute

23 designation, and any other courses or programs offered by

24 accredited colleges, universities, or other institutions of

25 higher education in Illinois. The scholarship program shall be

26 administered by the Department or its designee. Moneys in the

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1 Real Estate Research and Education Fund may be invested and

2 reinvested in the same manner as funds in the Real Estate

3 Recovery Fund and all earnings, interest, and dividends

4 received from such investments shall be deposited in the Real

5 Estate Research and Education Fund and may be used for the same

6 purposes as moneys transferred to the Real Estate Research and

7 Education Fund. Moneys in the Real Estate Research and

8 Education Fund may be transferred to the Professions Indirect

9 Cost Fund as authorized under Section 2105-300 of the

10 Department of Professional Regulation Law of the Civil

11 Administrative Code of Illinois.

12 (Source: P.A. 96-856, eff. 12-31-09.)

13 (225 ILCS 454/30-15)

14 (Section scheduled to be repealed on January 1, 2020)

15 Sec. 30-15. Licensing of continuing education schools;

16 approval of courses.

17 (a) Only continuing education schools in possession of a

18 valid continuing education school license may provide real

19 estate continuing education courses that will satisfy the

20 requirements of this Act. Pre-license schools licensed to offer

21 pre-license education courses for~~salespersons,~~brokers and

22 managing brokers shall qualify for a continuing education

23 school license upon completion of an application and the

24 submission of the required fee. Every entity that desires to

25 obtain a continuing education school license shall make

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1 application to the Department in writing in forms prescribed by

2 the Department and pay the fee prescribed by rule. In addition

3 to any other information required to be contained in the

4 application, every application for an original or renewed

5 license shall include the applicant's Social Security number.

6 (b) The criteria for a continuing education license shall

7 include the following:

8 (1) A sound financial base for establishing,

9 promoting, and delivering the necessary courses. Budget

10 planning for the School's courses should be clearly

11 projected.

12 (2) A sufficient number of qualified, licensed

13 instructors as provided by rule.

14 (3) Adequate support personnel to assist with

15 administrative matters and technical assistance.

16 (4) Maintenance and availability of records of

17 participation for licensees.

18 (5) The ability to provide each participant who

19 successfully completes an approved program with a

20 certificate of completion signed by the administrator of a

21 licensed continuing education school on forms provided by

22 the Department.

23 (6) The continuing education school must have a written

24 policy dealing with procedures for the management of

25 grievances and fee refunds.

26 (7) The continuing education school shall maintain

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1 lesson plans and examinations for each course.

2 (8) The continuing education school shall require a 70%

3 passing grade for successful completion of any continuing

4 education course.

5 (9) The continuing education school shall identify and

6 use instructors who will teach in a planned program.

7 Suggested criteria for instructor selections include:

8 (A) appropriate credentials;

9 (B) competence as a teacher;

10 (C) knowledge of content area; and

11 (D) qualification by experience.

12 (10) The continuing education school shall provide a

13 proctor or an electronic means of proctoring for each

14 examination. The continuing education school shall be

15 responsible for the conduct of the proctor. The duties and

16 responsibilities of a proctor shall be established by rule.

17 (11) The continuing education school must provide for

18 closed book examinations for each course unless the

19 Advisory Council excuses this requirement based on the

20 complexity of the course material.

21 (c) Advertising and promotion of continuing education

22 activities must be carried out in a responsible fashion,

23 clearly showing the educational objectives of the activity, the

24 nature of the audience that may benefit from the activity, the

25 cost of the activity to the participant and the items covered

26 by the cost, the amount of credit that can be earned, and the

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1 credentials of the faculty.

2 (d) The Department may or upon request of the Advisory

3 Council shall, after notice, cause a continuing education

4 school to attend an informal conference before the Advisory

5 Council for failure to comply with any requirement for

6 licensure or for failure to comply with any provision of this

7 Act or the rules for the administration of this Act. The

8 Advisory Council shall make a recommendation to the Board as a

9 result of its findings at the conclusion of any such informal

10 conference.

11 (e) All continuing education schools shall maintain these

12 minimum criteria and pay the required fee in order to retain

13 their continuing education school license.

14 (f) All continuing education schools shall submit, at the

15 time of initial application and with each license renewal, a

16 list of courses with course materials to be offered by the

17 continuing education school. The Department, however, shall

18 establish a mechanism whereby continuing education schools may

19 apply for and obtain approval for continuing education courses

20 that are submitted after the time of initial application or

21 renewal. The Department shall provide to each continuing

22 education school a certificate for each approved continuing

23 education course. All continuing education courses shall be

24 valid for the period coinciding with the term of license of the

25 continuing education school. All continuing education schools

26 shall provide a copy of the certificate of the continuing

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1 education course within the course materials given to each

2 student or shall display a copy of the certificate of the

3 continuing education course in a conspicuous place at the

4 location of the class.

5 (g) Each continuing education school shall provide to the

6 Department a monthly report in a format determined by the

7 Department, with information concerning students who

8 successfully completed all approved continuing education

9 courses offered by the continuing education school for the

10 prior month.

11 (h) The Department, upon the recommendation of the Advisory

12 Council, may temporarily suspend a licensed continuing

13 education school's approved courses without hearing and refuse

14 to accept successful completion of or participation in any of

15 these continuing education courses for continuing education

16 credit from that school upon the failure of that continuing

17 education school to comply with the provisions of this Act or

18 the rules for the administration of this Act, until such time

19 as the Department receives satisfactory assurance of

20 compliance. The Department shall notify the continuing

21 education school of the noncompliance and may initiate

22 disciplinary proceedings pursuant to this Act. The Department

23 may refuse to issue, suspend, revoke, or otherwise discipline

24 the license of a continuing education school or may withdraw

25 approval of a continuing education course for good cause.

26 Failure to comply with the requirements of this Section or any

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1 other requirements established by rule shall be deemed to be

2 good cause. Disciplinary proceedings shall be conducted by the

3 Board in the same manner as other disciplinary proceedings

4 under this Act.

5 (Source: P.A. 96-856, eff. 12-31-09.)

6 (225 ILCS 454/35-5)

7 (Section scheduled to be repealed on January 1, 2020)

8 Sec. 35-5. Savings provisions.

9 (a) This Act is intended to replace the Real Estate License

10 Act of 1983 in all respects.

11 (b) The ~~Beginning December 31, 1999, the~~ rights, powers,

12 and duties exercised by the Office of Banks and Real Estate

13 under the Real Estate License Act of 1983 shall continue to be

14 vested in, be the obligation of, and shall be exercised by the

15 Division of Real Estate of the Department of Financial and

16 Professional Regulation ~~Office of Banks and Real Estate~~under

17 the provisions of this Act.

18 (c) This Act does not affect any act done, ratified, or

19 cancelled, or any right occurring or established, or any action

20 or proceeding had or commenced in an administrative, civil, or

21 criminal cause before December 31, 1999, by the Office of Banks

22 and Real Estate under the Real Estate License Act of 1983, and

23 those actions or proceedings may be prosecuted and continued by

24 the Division of Real Estate of the Department of Financial and

25 Professional Regulation ~~Office of Banks and Real Estate~~ under

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1 this Act.

2 (d) This Act does not affect any license, certificate,

3 permit, or other form of licensure or authorization issued by

4 the Office of Banks and Real Estate under the Real Estate

5 License Act of 1983or by the Division of Professional

6 Regulation of the Department of Financial and Professional

7 Regulation under this Act, and all such licenses, certificates,

8 permits, or other form of licensure or authorization shall

9 continue to be valid under the terms and conditions of this

10 Act.

11 (e) The rules adopted by the Office of Banks and Real

12 Estate relating to the Real Estate License Act of 1983, unless

13 inconsistent with the provisions of this Act, are not affected

14 by this Act, and on December 31, 1999 those rules become the

15 rules under this Act. The Office of Banks and Real Estate

16 shall, as soon as practicable, adopt new or amended rules

17 consistent with the provisions of this Act.

18 (f) This Act does not affect any discipline, suspension, or

19 termination taken under the Real Estate License Act of 1983 and

20 that discipline, suspension, or termination shall be continued

21 under this Act.

22 (g) This Act does not affect any appointments, term

23 limitations, years served, or other matters relating to

24 individuals serving on any board or council under the Real

25 Estate License Act of 1983, and these appointments, term

26 limitations, years served, and other matters shall be continued

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1 under this Act.

2 (Source: P.A. 91-245, eff. 12-31-99.)

3 (225 ILCS 454/5-46 rep.)

4 (225 ILCS 454/5-47 rep.)

5 Section 10. The Real Estate License Act of 2000 is amended

6 by repealing Sections 5-46 and 5-47.

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1 INDEX

2 Statutes amended in order of appearance

3 225 ILCS 454/1-10

4 225 ILCS 454/5-5

5 225 ILCS 454/5-10

6 225 ILCS 454/5-15

7 225 ILCS 454/5-20

8 225 ILCS 454/5-26

9 225 ILCS 454/5-27

10 225 ILCS 454/5-28

11 225 ILCS 454/5-32

12 225 ILCS 454/5-35

13 225 ILCS 454/5-41

14 225 ILCS 454/5-50

15 225 ILCS 454/5-60

16 225 ILCS 454/5-70

17 225 ILCS 454/10-10

18 225 ILCS 454/10-15

19 225 ILCS 454/15-5

20 225 ILCS 454/20-10

21 225 ILCS 454/20-20

22 225 ILCS 454/20-21

23 225 ILCS 454/20-22

24 225 ILCS 454/20-85

25 225 ILCS 454/25-10

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