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Rep. Elgie R. Sims, Jr.
Filed: 5/22/2013
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| 1 | | AMENDMENT TO SENATE BILL 1655
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1655 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Real Estate License Act of 2000 is amended |
| 5 | | by changing Sections 1-10, 5-27, 5-28, 5-50, 5-70, and 10-25 as |
| 6 | | follows:
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| 7 | | (225 ILCS 454/1-10)
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| 8 | | (Section scheduled to be repealed on January 1, 2020)
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| 9 | | Sec. 1-10. Definitions. In this Act, unless the context |
| 10 | | otherwise requires:
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| 11 | | "Act" means the Real Estate License Act of 2000.
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| 12 | | "Address of Record" means the designated address recorded |
| 13 | | by the Department in the applicant's or licensee's application |
| 14 | | file or license file as maintained by the Department's |
| 15 | | licensure maintenance unit. It is the duty of the applicant or |
| 16 | | licensee to inform the Department of any change of address, and |
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| 1 | | those changes must be made either through the Department's |
| 2 | | website or by contacting the Department. |
| 3 | | "Advisory Council" means the Real Estate Education |
| 4 | | Advisory Council created
under Section 30-10 of this Act.
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| 5 | | "Agency" means a relationship in which a real estate broker |
| 6 | | or licensee,
whether directly or through an affiliated |
| 7 | | licensee, represents a consumer by
the consumer's consent, |
| 8 | | whether express or implied, in a real property
transaction.
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| 9 | | "Applicant" means any person, as defined in this Section, |
| 10 | | who applies to
the Department for a valid license as a real |
| 11 | | estate broker, real estate salesperson, or
leasing agent.
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| 12 | | "Blind advertisement" means any real estate advertisement |
| 13 | | that does not
include the sponsoring broker's business name and |
| 14 | | that is used by any licensee
regarding the sale or lease of |
| 15 | | real estate, including his or her own, licensed
activities, or |
| 16 | | the hiring of any licensee under this Act. The broker's
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| 17 | | business name in the case of a franchise shall include the |
| 18 | | franchise
affiliation as well as the name of the individual |
| 19 | | firm.
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| 20 | | "Board" means the Real Estate Administration and |
| 21 | | Disciplinary Board of the Department as created by Section |
| 22 | | 25-10 of this Act.
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| 23 | | "Branch office" means a sponsoring broker's office other |
| 24 | | than the sponsoring
broker's principal office.
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| 25 | | "Broker" means an individual, partnership, limited |
| 26 | | liability company,
corporation, or registered limited |
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| 1 | | liability partnership other than a real
estate salesperson or |
| 2 | | leasing agent who, whether in person or through any media or |
| 3 | | technology, for another and for compensation, or
with the |
| 4 | | intention or expectation of receiving compensation, either
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| 5 | | directly or indirectly:
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| 6 | | (1) Sells, exchanges, purchases, rents, or leases real |
| 7 | | estate.
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| 8 | | (2) Offers to sell, exchange, purchase, rent, or lease |
| 9 | | real estate.
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| 10 | | (3) Negotiates, offers, attempts, or agrees to |
| 11 | | negotiate the sale,
exchange, purchase, rental, or leasing |
| 12 | | of real estate.
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| 13 | | (4) Lists, offers, attempts, or agrees to list real |
| 14 | | estate for sale,
lease, or exchange.
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| 15 | | (5) Buys, sells, offers to buy or sell, or otherwise |
| 16 | | deals in options on
real estate or improvements thereon.
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| 17 | | (6) Supervises the collection, offer, attempt, or |
| 18 | | agreement
to collect rent for the use of real estate.
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| 19 | | (7) Advertises or represents himself or herself as |
| 20 | | being engaged in the
business of buying, selling, |
| 21 | | exchanging, renting, or leasing real estate.
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| 22 | | (8) Assists or directs in procuring or referring of |
| 23 | | leads or prospects, intended to
result in the sale, |
| 24 | | exchange, lease, or rental of real estate.
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| 25 | | (9) Assists or directs in the negotiation of any |
| 26 | | transaction intended to
result in the sale, exchange, |
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| 1 | | lease, or rental of real estate.
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| 2 | | (10) Opens real estate to the public for marketing |
| 3 | | purposes.
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| 4 | | (11) Sells, leases, or offers for sale or lease real |
| 5 | | estate at
auction.
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| 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.
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| 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.
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| 14 | | "Client" means a person who is being represented by a |
| 15 | | licensee.
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| 16 | | "Compensation" means the valuable consideration given by |
| 17 | | one person or entity
to another person or entity in exchange |
| 18 | | for the performance of some activity or
service. Compensation |
| 19 | | shall include the transfer of valuable consideration,
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| 20 | | including without limitation the following:
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| 21 | | (1) commissions;
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| 22 | | (2) referral fees;
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| 23 | | (3) bonuses;
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| 24 | | (4) prizes;
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| 25 | | (5) merchandise;
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| 26 | | (6) finder fees;
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| 1 | | (7) performance of services;
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| 2 | | (8) coupons or gift certificates;
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| 3 | | (9) discounts;
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| 4 | | (10) rebates;
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| 5 | | (11) a chance to win a raffle, drawing, lottery, or |
| 6 | | similar game of chance
not prohibited by any other law or |
| 7 | | statute;
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| 8 | | (12) retainer fee; or
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| 9 | | (13) salary.
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| 10 | | "Confidential information" means information obtained by a |
| 11 | | licensee from a
client during the term of a brokerage agreement |
| 12 | | that (i) was made confidential
by the written request or |
| 13 | | written instruction of the client, (ii) deals with
the |
| 14 | | negotiating position of the client, or (iii) is information the |
| 15 | | disclosure
of which could materially harm the negotiating |
| 16 | | position of the client, unless
at any time:
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| 17 | | (1) the client permits the disclosure of information |
| 18 | | given by that client
by word or conduct;
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| 19 | | (2) the disclosure is required by law; or
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| 20 | | (3) the information becomes public from a source other |
| 21 | | than the licensee.
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| 22 | | "Confidential information" shall not be considered to |
| 23 | | include material
information about the physical condition of |
| 24 | | the property.
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| 25 | | "Consumer" means a person or entity seeking or receiving |
| 26 | | licensed
activities.
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| 1 | | "Continuing education school" means any person licensed by |
| 2 | | the Department as a school
for continuing education in |
| 3 | | accordance with Section 30-15 of this Act. |
| 4 | | "Coordinator" means the Coordinator of Real Estate created |
| 5 | | in Section 25-15 of this Act.
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| 6 | | "Credit hour" means 50 minutes of classroom instruction in |
| 7 | | course work that
meets the requirements set forth in rules |
| 8 | | adopted by the Department.
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| 9 | | "Customer" means a consumer who is not being represented by |
| 10 | | the licensee but
for whom the licensee is performing |
| 11 | | ministerial acts.
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| 12 | | "Department" means the Department of Financial and |
| 13 | | Professional Regulation. |
| 14 | | "Designated agency" means a contractual relationship |
| 15 | | between a sponsoring
broker and a client under Section 15-50 of |
| 16 | | this Act in which one or more
licensees associated with or |
| 17 | | employed by the broker are designated as agent of
the client.
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| 18 | | "Designated agent" means a sponsored licensee named by a |
| 19 | | sponsoring broker as
the legal agent of a client, as provided |
| 20 | | for in Section 15-50 of this Act.
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| 21 | | "Dual agency" means an agency relationship in which a |
| 22 | | licensee is
representing both buyer and seller or both landlord |
| 23 | | and tenant in the same
transaction. When the agency |
| 24 | | relationship is a designated agency, the
question of whether |
| 25 | | there is a dual agency shall be determined by the agency
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| 26 | | relationships of the designated agent of the parties and not of |
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| 1 | | the sponsoring
broker.
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| 2 | | "Employee" or other derivative of the word "employee", when |
| 3 | | used to refer to,
describe, or delineate the relationship |
| 4 | | between a real estate broker and a real
estate salesperson, |
| 5 | | another real estate broker, or a leasing agent, shall be
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| 6 | | construed to include an independent contractor relationship, |
| 7 | | provided that a
written agreement exists that clearly |
| 8 | | establishes and states the relationship.
All responsibilities |
| 9 | | of a broker shall remain.
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| 10 | | "Escrow moneys" means all moneys, promissory notes or any |
| 11 | | other type or
manner of legal tender or financial consideration |
| 12 | | deposited with any person for
the benefit of the parties to the |
| 13 | | transaction. A transaction exists once an
agreement has been |
| 14 | | reached and an accepted real estate contract signed or lease
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| 15 | | agreed to by the parties. Escrow moneys includes without |
| 16 | | limitation earnest
moneys and security deposits, except those |
| 17 | | security deposits in which the
person holding the security |
| 18 | | deposit is also the sole owner of the property
being leased and |
| 19 | | for which the security deposit is being held.
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| 20 | | "Electronic means of proctoring" means a methodology |
| 21 | | providing assurance that the person taking a test and |
| 22 | | completing the answers to questions is the person seeking |
| 23 | | licensure or credit for continuing education and is doing so |
| 24 | | without the aid of a third party or other device. |
| 25 | | "Exclusive brokerage agreement" means a written brokerage |
| 26 | | agreement that provides that the sponsoring broker has the sole |
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| 1 | | right, through one or more sponsored licensees, to act as the |
| 2 | | exclusive designated agent or representative of the client and |
| 3 | | that meets the requirements of Section 15-75 of this Act.
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| 4 | | "Inoperative" means a status of licensure where the |
| 5 | | licensee holds a current
license under this Act, but the |
| 6 | | licensee is prohibited from engaging in
licensed activities |
| 7 | | because the licensee is unsponsored or the license of the
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| 8 | | sponsoring broker with whom the licensee is associated or by |
| 9 | | whom he or she is
employed is currently expired, revoked, |
| 10 | | suspended, or otherwise rendered
invalid under this Act.
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| 11 | | "Interactive delivery method" means delivery of a course by |
| 12 | | an instructor through a medium allowing for 2-way communication |
| 13 | | between the instructor and a student in which either can |
| 14 | | initiate or respond to questions. |
| 15 | | "Leads" means the name or names of a potential buyer, |
| 16 | | seller, lessor, lessee, or client of a licensee. |
| 17 | | "Leasing Agent" means a person who is employed by a real |
| 18 | | estate broker to
engage in licensed activities limited to |
| 19 | | leasing residential real estate who
has obtained a license as |
| 20 | | provided for in Section 5-5 of this Act.
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| 21 | | "License" means the document issued by the Department |
| 22 | | certifying that the person named
thereon has fulfilled all |
| 23 | | requirements prerequisite to licensure under this
Act.
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| 24 | | "Licensed activities" means those activities listed in the |
| 25 | | definition of
"broker" under this Section.
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| 26 | | "Licensee" means any person, as defined in this Section, |
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| 1 | | who holds a
valid unexpired license as a real estate broker, |
| 2 | | real estate salesperson, or
leasing agent.
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| 3 | | "Listing presentation" means a communication between a |
| 4 | | real estate broker or
salesperson and a consumer in which the |
| 5 | | licensee is attempting to secure a
brokerage agreement with the |
| 6 | | consumer to market the consumer's real estate for
sale or |
| 7 | | lease.
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| 8 | | "Managing broker" means a broker who has supervisory |
| 9 | | responsibilities for
licensees in one or, in the case of a |
| 10 | | multi-office company, more than one
office and who has been |
| 11 | | appointed as such by the sponsoring broker.
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| 12 | | "Medium of advertising" means any method of communication |
| 13 | | intended to
influence the general public to use or purchase a |
| 14 | | particular good or service or
real estate.
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| 15 | | "Ministerial acts" means those acts that a licensee may |
| 16 | | perform for a
consumer that are informative or clerical in |
| 17 | | nature and do not rise to the
level of active representation on |
| 18 | | behalf of a consumer. Examples of these acts
include without |
| 19 | | limitation (i) responding to phone inquiries by consumers as to
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| 20 | | the availability and pricing of brokerage services, (ii) |
| 21 | | responding to phone
inquiries from a consumer concerning the |
| 22 | | price or location of property, (iii)
attending an open house |
| 23 | | and responding to questions about the property from a
consumer, |
| 24 | | (iv) setting an appointment to view property, (v) responding to
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| 25 | | questions of consumers walking into a licensee's office |
| 26 | | concerning brokerage
services offered or particular |
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| 1 | | properties, (vi) accompanying an appraiser,
inspector, |
| 2 | | contractor, or similar third party on a visit to a property, |
| 3 | | (vii)
describing a property or the property's condition in |
| 4 | | response to a consumer's
inquiry, (viii) completing business or |
| 5 | | factual information for a consumer on an
offer or contract to |
| 6 | | purchase on behalf of a client, (ix) showing a client
through a |
| 7 | | property being sold by an owner on his or her own behalf, or |
| 8 | | (x)
referral to another broker or service provider.
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| 9 | | "Office" means a real estate broker's place of business |
| 10 | | where the general
public is invited to transact business and |
| 11 | | where records may be maintained and
licenses displayed, whether |
| 12 | | or not it is the broker's principal place of
business.
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| 13 | | "Person" means and includes individuals, entities, |
| 14 | | corporations, limited
liability companies, registered limited |
| 15 | | liability partnerships, and
partnerships, foreign or domestic, |
| 16 | | except that when the context otherwise
requires, the term may |
| 17 | | refer to a single individual or other described entity.
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| 18 | | "Personal assistant" means a licensed or unlicensed person |
| 19 | | who has been hired
for the purpose of aiding or assisting a |
| 20 | | sponsored licensee in the performance
of the sponsored |
| 21 | | licensee's job.
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| 22 | | "Pocket card" means the card issued by the Department to |
| 23 | | signify that the person named
on the card is currently licensed |
| 24 | | under this Act.
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| 25 | | "Pre-license school" means a school licensed by the |
| 26 | | Department offering courses in
subjects related to real estate |
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| 1 | | transactions, including the subjects upon
which an applicant is |
| 2 | | examined in determining fitness to receive a license.
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| 3 | | "Pre-renewal period" means the period between the date of |
| 4 | | issue of a
currently valid license and the license's expiration |
| 5 | | date.
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| 6 | | "Proctor" means any person, including, but not limited to, |
| 7 | | an instructor, who has a written agreement to administer |
| 8 | | examinations fairly and impartially with a licensed |
| 9 | | pre-license school or a licensed continuing education school. |
| 10 | | "Real estate" means and includes leaseholds as well as any |
| 11 | | other interest or
estate in land, whether corporeal, |
| 12 | | incorporeal, freehold, or non-freehold,
including timeshare |
| 13 | | interests, and whether the real estate is situated in this
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| 14 | | State or elsewhere.
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| 15 | | "Regular employee" means a person working an average of 20 |
| 16 | | hours per week for a person or entity who would be considered |
| 17 | | as an employee under the Internal Revenue Service eleven main |
| 18 | | tests in three categories being behavioral control, financial |
| 19 | | control and the type of relationship of the parties, formerly |
| 20 | | the twenty factor test.
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| 21 | | "Salesperson" means any individual, other than a real |
| 22 | | estate broker or
leasing agent, who is employed by a real |
| 23 | | estate broker or is associated by
written agreement with a real |
| 24 | | estate broker as an independent contractor and
participates in |
| 25 | | any activity described in the definition of "broker" under this
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| 26 | | Section.
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| 1 | | "Secretary" means the Secretary of the Department of |
| 2 | | Financial and Professional Regulation, or a person authorized |
| 3 | | by the Secretary to act in the Secretary's stead. |
| 4 | | "Sponsoring broker" means the broker who has issued a |
| 5 | | sponsor card to a
licensed salesperson, another licensed |
| 6 | | broker, or a leasing agent.
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| 7 | | "Sponsor card" means the temporary permit issued by the |
| 8 | | sponsoring real
estate broker certifying that the real estate |
| 9 | | broker, real estate salesperson,
or leasing agent named thereon |
| 10 | | is employed by or associated by written
agreement with the |
| 11 | | sponsoring real estate broker, as provided for in Section
5-40 |
| 12 | | of this Act.
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| 13 | | (Source: P.A. 96-856, eff. 12-31-09.)
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| 14 | | (225 ILCS 454/5-27) |
| 15 | | (Section scheduled to be repealed on January 1, 2020) |
| 16 | | Sec. 5-27. Requirements for licensure as a broker. |
| 17 | | (a) Every applicant for licensure as a broker must meet the |
| 18 | | following qualifications: |
| 19 | | (1) Be at least 21 years of age. After April 30, 2011, |
| 20 | | the minimum age of 21 years shall be waived for any person |
| 21 | | seeking a license as a broker who has attained the age of |
| 22 | | 18 and can provide evidence of the successful completion of |
| 23 | | at least 4 semesters of post-secondary school study as a |
| 24 | | full-time student or the equivalent, with major emphasis on |
| 25 | | real estate courses, in a school approved by the |
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| 1 | | Department; |
| 2 | | (2) Be of good moral character; |
| 3 | | (3) Successfully complete a 4-year course of study in a |
| 4 | | high school or secondary school approved by the Illinois |
| 5 | | State Board of Education or an equivalent course of study |
| 6 | | as determined by an examination conducted by the Illinois |
| 7 | | State Board of Education which shall be verified under oath |
| 8 | | by the applicant; |
| 9 | | (4) Prior to May 1, 2011, provide (i) satisfactory |
| 10 | | evidence of having completed at least 120 classroom hours, |
| 11 | | 45 of which shall be those hours required to obtain a |
| 12 | | salesperson's license plus 15 hours in brokerage |
| 13 | | administration courses, in real estate courses approved by |
| 14 | | the Advisory Council or (ii) for applicants who currently |
| 15 | | hold a valid real estate salesperson's license, give |
| 16 | | satisfactory evidence of having completed at least 75 hours |
| 17 | | in real estate courses, not including the courses that are |
| 18 | | required to obtain a salesperson's license, approved by the |
| 19 | | Advisory Council; |
| 20 | | (5) After April 30, 2011, provide satisfactory |
| 21 | | evidence of having completed 90 hours of instruction in |
| 22 | | real estate courses approved by the Advisory Council, 15 |
| 23 | | hours of which must consist of situational and case studies |
| 24 | | presented in the classroom or by other interactive delivery |
| 25 | | method presenting instruction and real time discussion |
| 26 | | between the instructor and the students; |
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| 1 | | (6) Personally take and pass a written examination |
| 2 | | authorized by the Department; |
| 3 | | (7) Present a valid application for issuance of a |
| 4 | | license accompanied by a sponsor card and the fees |
| 5 | | specified by rule. |
| 6 | | (b) The requirements specified in items (4) and (5) of |
| 7 | | subsection (a) of this Section do not apply to applicants who |
| 8 | | are currently admitted to practice law by the Supreme Court of |
| 9 | | Illinois and are currently in active standing. |
| 10 | | (c) No applicant shall engage in any of the activities |
| 11 | | covered by this Act until a valid sponsor card has been issued |
| 12 | | to such applicant. The sponsor card shall be valid for a |
| 13 | | maximum period of 45 days after the date of issuance unless |
| 14 | | extended for good cause as provided by rule. |
| 15 | | (d) All licenses should be readily available to the public |
| 16 | | at their place of business.
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| 17 | | (e) An individual holding an active license as a managing |
| 18 | | broker may return the license to the Department along with a |
| 19 | | form provided by the Department and shall be issued a broker's |
| 20 | | license in exchange. Any individual obtaining a broker's |
| 21 | | license under this subsection (e) shall be considered as having |
| 22 | | obtained a broker's license by education and passing the |
| 23 | | required test and shall be treated as such in determining |
| 24 | | compliance with this Act. |
| 25 | | (Source: P.A. 96-856, eff. 12-31-09.)
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| 1 | | (225 ILCS 454/5-28) |
| 2 | | (Section scheduled to be repealed on January 1, 2020) |
| 3 | | Sec. 5-28. Requirements for licensure as a managing broker. |
| 4 | | (a) Effective May 1, 2012, every applicant for licensure as |
| 5 | | a managing broker must meet the following qualifications: |
| 6 | | (1) be at least 21 years of age; |
| 7 | | (2) be of good moral character; |
| 8 | | (3) have been licensed at least 2 out of the preceding |
| 9 | | 3 years as a real estate broker or salesperson; |
| 10 | | (4) successfully complete a 4-year course of study in |
| 11 | | high school or secondary school approved by the Illinois |
| 12 | | State Board of Education or an equivalent course of study |
| 13 | | as determined by an examination conducted by the Illinois |
| 14 | | State Board of Education, which shall be verified under |
| 15 | | oath by the applicant; |
| 16 | | (5) provide satisfactory evidence of having completed |
| 17 | | at least 165 hours, 120 of which shall be those hours |
| 18 | | required pre and post-licensure to obtain a broker's |
| 19 | | license, and 45 additional hours completed within the year |
| 20 | | immediately preceding the filing of an application for a |
| 21 | | managing broker's license, which hours shall focus on |
| 22 | | brokerage administration and management and include at |
| 23 | | least 15 hours in the classroom or by other interactive |
| 24 | | delivery method presenting instructional and real time |
| 25 | | discussion between the instructor and the students; |
| 26 | | (6) personally take and pass a written examination |
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| 1 | | authorized by the Department; and |
| 2 | | (7) present a valid application for issuance of a |
| 3 | | license accompanied by a sponsor card, an appointment as a |
| 4 | | managing broker, and the fees specified by rule. |
| 5 | | (b) The requirements specified in item (5) of subsection |
| 6 | | (a) of this Section do not apply to applicants who are |
| 7 | | currently admitted to practice law by the Supreme Court of |
| 8 | | Illinois and are currently in active standing. |
| 9 | | (c) No applicant shall act as a managing broker for more |
| 10 | | than 90 days after an appointment as a managing broker has been |
| 11 | | filed with the Department without obtaining a managing broker's |
| 12 | | license.
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| 13 | | (Source: P.A. 96-856, eff. 12-31-09.)
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| 14 | | (225 ILCS 454/5-50)
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| 15 | | (Section scheduled to be repealed on January 1, 2020)
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| 16 | | Sec. 5-50. Expiration and renewal of managing broker, |
| 17 | | broker, salesperson, or
leasing agent license; sponsoring |
| 18 | | broker;
register of licensees; pocket card. |
| 19 | | (a) The expiration date and renewal period for each license |
| 20 | | issued under
this Act shall be set by
rule, except that the |
| 21 | | first renewal period ending after the effective date of this |
| 22 | | Act for those licensed as a salesperson shall be extended |
| 23 | | through April 30, 2012. Except as otherwise provided in this |
| 24 | | Section, the holder of
a
license may renew
the license within |
| 25 | | 90 days preceding the expiration date thereof by completing the |
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| 1 | | continuing education required by this Act and paying the
fees |
| 2 | | specified by
rule.
|
| 3 | | (b) An individual whose first license is that of a broker |
| 4 | | received after April 30, 2011, must provide evidence of having |
| 5 | | completed 30 hours of post-license education in courses |
| 6 | | approved by the Advisory Council, 15 hours of which must |
| 7 | | consist of situational and case studies presented in the |
| 8 | | classroom or by other interactive delivery method presenting |
| 9 | | instruction and real time discussion between the instructor and |
| 10 | | the students, and personally take and pass an examination |
| 11 | | approved by the Department prior to the first renewal of their |
| 12 | | broker's license.
|
| 13 | | (c) Any salesperson until April 30, 2011 or any managing |
| 14 | | broker, broker, or leasing agent whose license under this Act |
| 15 | | has expired shall be eligible to renew the license during the |
| 16 | | 2-year period following the expiration date, provided the |
| 17 | | managing broker, broker, salesperson, or leasing agent pays the |
| 18 | | fees as prescribed by rule and completes continuing education |
| 19 | | and other requirements provided for by the Act or by rule. |
| 20 | | Beginning on May 1, 2012, a managing broker licensee, broker, |
| 21 | | or leasing agent whose license has been expired for more than 2 |
| 22 | | years but less than 5 years may have it restored by (i) |
| 23 | | applying to the Department, (ii) paying the required fee, (iii) |
| 24 | | completing the continuing education requirements for the most |
| 25 | | recent pre-renewal period that ended prior to the date of the |
| 26 | | application for reinstatement, and (iv) filing acceptable |
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| 1 | | proof of fitness to have his or her license restored, as set by |
| 2 | | rule. A managing broker, broker, or leasing agent whose license |
| 3 | | has been expired for more than 5 years shall be required to |
| 4 | | meet the requirements for a new license.
|
| 5 | | (d) Notwithstanding any other provisions of this Act to the |
| 6 | | contrary, any managing broker, broker, salesperson, or leasing |
| 7 | | agent whose license expired while he or she was (i) on active |
| 8 | | duty with the Armed Forces of the United States or called into |
| 9 | | service or training by the state militia, (ii) engaged in |
| 10 | | training or education under the supervision of the United |
| 11 | | States preliminary to induction into military service, or (iii) |
| 12 | | serving as the Coordinator of Real Estate in the State of |
| 13 | | Illinois or as an employee of the Department may have his or |
| 14 | | her license renewed, reinstated or restored without paying any |
| 15 | | lapsed renewal fees if within 2 years after the termination of |
| 16 | | the service, training or education by furnishing the Department |
| 17 | | with satisfactory evidence of service, training, or education |
| 18 | | and it has been terminated under honorable conditions. |
| 19 | | (e) The Department shall establish and
maintain a register |
| 20 | | of all persons currently licensed by the
State and shall issue |
| 21 | | and prescribe a form of pocket card. Upon payment by a licensee |
| 22 | | of the appropriate fee as prescribed by
rule for engagement in |
| 23 | | the activity for which the licensee is
qualified and holds a |
| 24 | | license for the current period, the
Department shall issue a |
| 25 | | pocket card to the licensee. The
pocket card shall be |
| 26 | | verification that the required fee for the
current period has |
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| 1 | | been paid and shall indicate that the person named thereon is |
| 2 | | licensed for the current renewal period as a
managing broker, |
| 3 | | broker, salesperson, or leasing agent as the
case may be. The |
| 4 | | pocket card shall further indicate that the
person named |
| 5 | | thereon is authorized by the Department to
engage in the |
| 6 | | licensed activity appropriate for his or her
status (managing |
| 7 | | broker, broker, salesperson, or leasing
agent). Each licensee |
| 8 | | shall carry on his or her person his or
her pocket card or, if |
| 9 | | such pocket card has not yet been
issued, a properly issued |
| 10 | | sponsor card when engaging in any
licensed activity and shall |
| 11 | | display the same on demand. |
| 12 | | (f) The Department shall provide to the sponsoring broker a |
| 13 | | notice of renewal for all sponsored licensees by mailing the |
| 14 | | notice to the sponsoring broker's address of record, or, at the |
| 15 | | Department's discretion, by an electronic means as provided for |
| 16 | | by rule. |
| 17 | | (g) Upon request from the sponsoring broker, the Department |
| 18 | | shall make available to the sponsoring broker, either by mail |
| 19 | | or by an electronic means at the discretion of the Department, |
| 20 | | a listing of licensees under this Act who, according to the |
| 21 | | records of the Department, are sponsored by that broker. Every |
| 22 | | licensee associated with or employed by a broker whose license |
| 23 | | is revoked, suspended, terminated, or expired shall be |
| 24 | | considered as inoperative until such time as the sponsoring |
| 25 | | broker's license is reinstated or renewed, or the licensee |
| 26 | | changes employment as set forth in subsection (c) of Section |
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| 1 | | 5-40 of this Act. |
| 2 | | (Source: P.A. 96-856, eff. 12-31-09; 96-989, eff. 1-1-11.)
|
| 3 | | (225 ILCS 454/5-70)
|
| 4 | | (Section scheduled to be repealed on January 1, 2020)
|
| 5 | | Sec. 5-70. Continuing education requirement; managing |
| 6 | | broker, broker, or salesperson.
|
| 7 | | (a) The requirements of this Section apply to all managing |
| 8 | | brokers, brokers, and salespersons.
|
| 9 | | (b) Except as otherwise
provided in this Section, each
|
| 10 | | person who applies for renewal of his or her license as a |
| 11 | | managing broker, real
estate broker, or real
estate salesperson |
| 12 | | must successfully complete 6 hours of real estate continuing |
| 13 | | education
courses approved by
the Advisory Council for each |
| 14 | | year of the pre-renewal period. Broker licensees must |
| 15 | | successfully complete a 6-hour broker management continuing |
| 16 | | education course approved by the Department for the pre-renewal |
| 17 | | period ending April 30, 2010. In addition, beginning with the |
| 18 | | pre-renewal period for managing broker licensees that begins |
| 19 | | after the effective date of this Act, those licensees renewing |
| 20 | | or obtaining a managing broker's license must successfully |
| 21 | | complete a 12-hour broker management continuing education |
| 22 | | course approved by the Department each pre-renewal period. The |
| 23 | | broker management continuing education course must be |
| 24 | | completed in the classroom or by other interactive delivery |
| 25 | | method presenting instruction and real time discussion between |
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| 1 | | the instructor and the students. Successful completion of the |
| 2 | | course shall include achieving a passing score as provided by |
| 3 | | rule on a test developed and administered in accordance with |
| 4 | | rules adopted by the Department. No
license may be renewed
|
| 5 | | except upon the successful completion of the required courses |
| 6 | | or their
equivalent or upon a waiver
of those requirements for |
| 7 | | good cause shown as determined by the Secretary
with the
|
| 8 | | recommendation of the Advisory Council.
The requirements of |
| 9 | | this Article are applicable to all managing brokers, brokers, |
| 10 | | and salespersons
except those brokers
and salespersons who, |
| 11 | | during the pre-renewal period:
|
| 12 | | (1) serve in the armed services of the United States;
|
| 13 | | (2) serve as an elected State or federal official;
|
| 14 | | (3) serve as a full-time employee of the Department; or
|
| 15 | | (4) are admitted to practice law pursuant to Illinois |
| 16 | | Supreme Court rule.
|
| 17 | | (c) A person licensed as a salesperson as of April 30, 2011 |
| 18 | | shall not be required to complete the 18 hours of continuing |
| 19 | | education for the pre-renewal period ending April 30, 2012 if |
| 20 | | that person takes the 30-hour post-licensing course to obtain a |
| 21 | | broker's license. A person licensed as a broker as of April 30, |
| 22 | | 2011 shall not be required to complete the 12 hours of broker |
| 23 | | management continuing education for the pre-renewal period |
| 24 | | ending April 30, 2012, unless that person passes the |
| 25 | | proficiency exam provided for in Section 5-47 of this Act to |
| 26 | | qualify for a managing broker's license. |
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| 1 | | (d) A
person receiving an initial license
during the 90 |
| 2 | | days before the renewal date shall not be
required to complete |
| 3 | | the continuing
education courses provided for in subsection (b) |
| 4 | | of this
Section as a condition of initial license renewal.
|
| 5 | | (e) The continuing education requirement for salespersons, |
| 6 | | brokers and managing brokers shall
consist of a core
curriculum |
| 7 | | and an elective curriculum, to be established by the Advisory
|
| 8 | | Council. In meeting the
continuing education requirements of |
| 9 | | this Act, at least 3 hours per year or
their equivalent, 6 |
| 10 | | hours for each two-year pre-renewal period, shall
be required |
| 11 | | to be completed in the core curriculum.
In establishing the |
| 12 | | core curriculum, the Advisory Council shall consider
subjects |
| 13 | | that will
educate licensees on recent changes in applicable |
| 14 | | laws and new laws and refresh
the licensee on areas
of the |
| 15 | | license law and the Department policy that the Advisory Council |
| 16 | | deems appropriate,
and any other
areas that the Advisory |
| 17 | | Council deems timely and applicable in order to prevent
|
| 18 | | violations of this Act
and to protect the public.
In |
| 19 | | establishing the elective curriculum, the Advisory Council |
| 20 | | shall consider
subjects that cover
the various aspects of the |
| 21 | | practice of real estate that are covered under the
scope of |
| 22 | | this Act.
However, the elective curriculum shall not include |
| 23 | | any offerings referred to in
Section 5-85 of this Act.
|
| 24 | | (f) The subject areas of continuing education courses |
| 25 | | approved by the
Advisory Council may
include without limitation |
| 26 | | the following:
|
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| 1 | | (1) license law and escrow;
|
| 2 | | (2) antitrust;
|
| 3 | | (3) fair housing;
|
| 4 | | (4) agency;
|
| 5 | | (5) appraisal;
|
| 6 | | (6) property management;
|
| 7 | | (7) residential brokerage;
|
| 8 | | (8) farm property management;
|
| 9 | | (9) rights and duties of sellers, buyers, and brokers;
|
| 10 | | (10) commercial brokerage and leasing; and
|
| 11 | | (11) real estate financing.
|
| 12 | | (g) In lieu of credit for those courses listed in |
| 13 | | subsection (f) of this
Section, credit may be
earned for |
| 14 | | serving as a licensed instructor in an approved course of |
| 15 | | continuing
education. The
amount of credit earned for teaching |
| 16 | | a course shall be the amount of continuing
education credit for
|
| 17 | | which the course is approved for licensees taking the course.
|
| 18 | | (h) Credit hours may be earned for self-study programs |
| 19 | | approved by the
Advisory Council.
|
| 20 | | (i) A broker or salesperson may earn credit for a specific |
| 21 | | continuing
education course only
once during the prerenewal |
| 22 | | period.
|
| 23 | | (j) No more than 6 hours of continuing education credit may |
| 24 | | be taken or earned in one
calendar day.
|
| 25 | | (k) To promote the offering of a uniform and consistent |
| 26 | | course content, the Department may provide for the development |
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| 1 | | of a single broker management course to be offered by all |
| 2 | | continuing education providers who choose to offer the broker |
| 3 | | management continuing education course. The Department may |
| 4 | | contract for the development of the 12-hour broker management |
| 5 | | continuing education course with an outside vendor or |
| 6 | | consultant and, if the course is developed in this manner, the |
| 7 | | Department or the outside consultant shall license the use of |
| 8 | | that course to all approved continuing education providers who |
| 9 | | wish to provide the course.
|
| 10 | | (l) Except as specifically provided in this Act, continuing |
| 11 | | education credit hours may not be earned for completion of pre |
| 12 | | or post-license courses. The approved 30-hour post-license |
| 13 | | course for broker licensees shall satisfy the continuing |
| 14 | | education requirement for the pre-renewal period in which the |
| 15 | | course is taken. The approved 45-hour brokerage administration |
| 16 | | and management course shall satisfy the 12-hour broker |
| 17 | | management continuing education requirement for the |
| 18 | | pre-renewal period in which the course is taken. |
| 19 | | (Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
|
| 20 | | (225 ILCS 454/10-25)
|
| 21 | | (Section scheduled to be repealed on January 1, 2020)
|
| 22 | | Sec. 10-25. Expiration of brokerage agreement. No licensee |
| 23 | | shall obtain any written brokerage agreement that does not |
| 24 | | either provide
for automatic
expiration within a definite |
| 25 | | period of time or provide the client with a right to terminate |
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| 1 | | the agreement annually by giving no more than 30 days' prior |
| 2 | | written notice. No notice of termination at the
final |
| 3 | | expiration thereof
shall be required. Any written brokerage |
| 4 | | agreement not containing such a provision
for automatic
|
| 5 | | expiration shall be void. When the license of any sponsoring |
| 6 | | broker is
suspended or revoked, any
brokerage agreement with |
| 7 | | the sponsoring broker shall be deemed to expire upon
the |
| 8 | | effective date
of the suspension or revocation.
|
| 9 | | (Source: P.A. 91-245, eff. 12-31-99.)
|
| 10 | | Section 99. Effective date. This Act takes effect upon |
| 11 | | becoming law.".
|