Illinois 2023-2024 Regular Session

Illinois House Bill HB5551 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5551 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: See Index Amends the Real Estate License Act of 2000. Provides that for licensure as a managing broker, the person must personally take and pass a written examination on Illinois specific real estate brokerage laws authorized by the Department of Financial and Professional Regulation. Provides that approved pre-license education for licensure as a managing broker, broker, or residential leasing agent shall be valid for 2 years after the date of satisfactory completion of all required pre-license education. Provides that a nonresident broker who meets certain requirements may also operate a virtual office in the State. On January 1, 2026, repeals a provision concerning reciprocity for managing brokers and brokers licensed in another state. Provides that on and after January 1, 2026, applications for licensure based upon reciprocal agreements shall not be accepted. Provides that licenses granted under reciprocal agreements prior to January 1, 2026 shall remain in force and may be renewed in the same manner as provided for a broker or managing broker license under the Act. Requires fair housing training as part of the continuing education requirements. Sets forth provisions concerning licensure of managing brokers and brokers licensed under the laws of another state or jurisdiction of the United States and authorizing virtual offices. Makes changes in provisions concerning definitions; exemptions from licensure; continuing education; disclosure of compensation; employment agreements; agency relationship disclosure; grounds for discipline; citations; illegal discrimination; fines and penalties; a scholarship program; funds; and licensing of education provider instructors. Makes a conforming change in the State Finance Act. Effective January 1, 2025, except that certain provisions are effective immediately. LRB103 37441 RTM 67563 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5551 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED: See Index See Index Amends the Real Estate License Act of 2000. Provides that for licensure as a managing broker, the person must personally take and pass a written examination on Illinois specific real estate brokerage laws authorized by the Department of Financial and Professional Regulation. Provides that approved pre-license education for licensure as a managing broker, broker, or residential leasing agent shall be valid for 2 years after the date of satisfactory completion of all required pre-license education. Provides that a nonresident broker who meets certain requirements may also operate a virtual office in the State. On January 1, 2026, repeals a provision concerning reciprocity for managing brokers and brokers licensed in another state. Provides that on and after January 1, 2026, applications for licensure based upon reciprocal agreements shall not be accepted. Provides that licenses granted under reciprocal agreements prior to January 1, 2026 shall remain in force and may be renewed in the same manner as provided for a broker or managing broker license under the Act. Requires fair housing training as part of the continuing education requirements. Sets forth provisions concerning licensure of managing brokers and brokers licensed under the laws of another state or jurisdiction of the United States and authorizing virtual offices. Makes changes in provisions concerning definitions; exemptions from licensure; continuing education; disclosure of compensation; employment agreements; agency relationship disclosure; grounds for discipline; citations; illegal discrimination; fines and penalties; a scholarship program; funds; and licensing of education provider instructors. Makes a conforming change in the State Finance Act. Effective January 1, 2025, except that certain provisions are effective immediately. LRB103 37441 RTM 67563 b LRB103 37441 RTM 67563 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5551 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Real Estate License Act of 2000. Provides that for licensure as a managing broker, the person must personally take and pass a written examination on Illinois specific real estate brokerage laws authorized by the Department of Financial and Professional Regulation. Provides that approved pre-license education for licensure as a managing broker, broker, or residential leasing agent shall be valid for 2 years after the date of satisfactory completion of all required pre-license education. Provides that a nonresident broker who meets certain requirements may also operate a virtual office in the State. On January 1, 2026, repeals a provision concerning reciprocity for managing brokers and brokers licensed in another state. Provides that on and after January 1, 2026, applications for licensure based upon reciprocal agreements shall not be accepted. Provides that licenses granted under reciprocal agreements prior to January 1, 2026 shall remain in force and may be renewed in the same manner as provided for a broker or managing broker license under the Act. Requires fair housing training as part of the continuing education requirements. Sets forth provisions concerning licensure of managing brokers and brokers licensed under the laws of another state or jurisdiction of the United States and authorizing virtual offices. Makes changes in provisions concerning definitions; exemptions from licensure; continuing education; disclosure of compensation; employment agreements; agency relationship disclosure; grounds for discipline; citations; illegal discrimination; fines and penalties; a scholarship program; funds; and licensing of education provider instructors. Makes a conforming change in the State Finance Act. Effective January 1, 2025, except that certain provisions are effective immediately.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The State Finance Act is amended by adding
15	15	5 Section 5.1015 as follows:
16	16	6 (30 ILCS 105/5.1015 new)
17	17	7 Sec. 5.1015. The Real Estate Recovery Fund.
18	18	8 Section 10. The Real Estate License Act of 2000 is amended
19	19	9 by changing Sections 1-10, 5-20, 5-25, 5-28, 5-35, 5-45, 5-60,
20	20	10 5-70, 10-10, 10-20, 15-35, 15-50, 20-20, 20-20.1, 20-50,
21	21	11 20-82, 25-25, 25-30, 25-35, 30-5, 30-15, and 30-25 and by
22	22	12 adding Sections 5-60.1 and 5-60.5 as follows:
23	23	13 (225 ILCS 454/1-10)
24	24	14 (Section scheduled to be repealed on January 1, 2030)
25	25	15 Sec. 1-10. Definitions. In this Act, unless the context
26	26	16 otherwise requires:
27	27	17 "Act" means the Real Estate License Act of 2000.
28	28	18 "Address of record" means the designated address recorded
29	29	19 by the Department in the applicant's or licensee's application
30	30	20 file or license file as maintained by the Department.
31	31	21 "Agency" means a relationship in which a broker or
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35	35	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5551 Introduced , by Rep. Jenn Ladisch Douglass SYNOPSIS AS INTRODUCED:
36	36	See Index See Index
37	37	See Index
38	38	Amends the Real Estate License Act of 2000. Provides that for licensure as a managing broker, the person must personally take and pass a written examination on Illinois specific real estate brokerage laws authorized by the Department of Financial and Professional Regulation. Provides that approved pre-license education for licensure as a managing broker, broker, or residential leasing agent shall be valid for 2 years after the date of satisfactory completion of all required pre-license education. Provides that a nonresident broker who meets certain requirements may also operate a virtual office in the State. On January 1, 2026, repeals a provision concerning reciprocity for managing brokers and brokers licensed in another state. Provides that on and after January 1, 2026, applications for licensure based upon reciprocal agreements shall not be accepted. Provides that licenses granted under reciprocal agreements prior to January 1, 2026 shall remain in force and may be renewed in the same manner as provided for a broker or managing broker license under the Act. Requires fair housing training as part of the continuing education requirements. Sets forth provisions concerning licensure of managing brokers and brokers licensed under the laws of another state or jurisdiction of the United States and authorizing virtual offices. Makes changes in provisions concerning definitions; exemptions from licensure; continuing education; disclosure of compensation; employment agreements; agency relationship disclosure; grounds for discipline; citations; illegal discrimination; fines and penalties; a scholarship program; funds; and licensing of education provider instructors. Makes a conforming change in the State Finance Act. Effective January 1, 2025, except that certain provisions are effective immediately.
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41	41	A BILL FOR
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66	66	1 licensee, whether directly or through an affiliated licensee,
67	67	2 represents a consumer by the consumer's consent, whether
68	68	3 express or implied, in a real property transaction.
69	69	4 "Applicant" means any person, as defined in this Section,
70	70	5 who applies to the Department for a valid license as a managing
71	71	6 broker, broker, or residential leasing agent.
72	72	7 "Blind advertisement" means any real estate advertisement
73	73	8 that is used by a licensee regarding the sale or lease of real
74	74	9 estate, licensed activities, or the hiring of any licensee
75	75	10 under this Act that does not include the sponsoring broker's
76	76	11 complete business name or, in the case of electronic
77	77	12 advertisements, does not provide a direct link to a display
78	78	13 with all the required disclosures. The broker's business name
79	79	14 in the case of a franchise shall include the franchise
80	80	15 affiliation as well as the name of the individual firm.
81	81	16 "Board" means the Real Estate Administration and
82	82	17 Disciplinary Board of the Department as created by Section
83	83	18 25-10 of this Act.
84	84	19 "Broker" means an individual, entity, corporation, foreign
85	85	20 or domestic partnership, limited liability company, registered
86	86	21 limited liability partnership, or other business entity other
87	87	22 than a residential leasing agent who, whether in person or
88	88	23 through any media or technology, for another and for
89	89	24 compensation, or with the intention or expectation of
90	90	25 receiving compensation, either directly or indirectly:
91	91	26 (1) Sells, exchanges, purchases, rents, or leases real
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102	102	1 estate.
103	103	2 (2) Offers to sell, exchange, purchase, rent, or lease
104	104	3 real estate.
105	105	4 (3) Negotiates, offers, attempts, or agrees to
106	106	5 negotiate the sale, exchange, purchase, rental, or leasing
107	107	6 of real estate.
108	108	7 (4) Lists, offers, attempts, or agrees to list real
109	109	8 estate for sale, rent, lease, or exchange.
110	110	9 (5) Whether for another or themselves, engages in a
111	111	10 pattern of business of buying, selling, offering to buy or
112	112	11 sell, marketing for sale, exchanging, or otherwise dealing
113	113	12 in contracts, including assignable contracts for the
114	114	13 purchase or sale of, or options on real estate or
115	115	14 improvements thereon. For purposes of this definition, an
116	116	15 individual or entity will be found to have engaged in a
117	117	16 pattern of business if the individual or entity by itself
118	118	17 or with any combination of other individuals or entities,
119	119	18 whether as partners or common owners in another entity,
120	120	19 has engaged in one or more of these practices on 2 or more
121	121	20 occasions in any 12-month period.
122	122	21 (6) Supervises the collection, offer, attempt, or
123	123	22 agreement to collect rent for the use of real estate.
124	124	23 (7) Advertises or represents oneself as being engaged
125	125	24 in the business of buying, selling, exchanging, renting,
126	126	25 or leasing real estate.
127	127	26 (8) Assists or directs in procuring or referring of
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138	138	1 leads or prospects, intended to result in the sale,
139	139	2 exchange, lease, or rental of real estate.
140	140	3 (9) Assists or directs in the negotiation of any
141	141	4 transaction intended to result in the sale, exchange,
142	142	5 lease, or rental of real estate.
143	143	6 (10) Opens real estate to the public for marketing
144	144	7 purposes.
145	145	8 (11) Sells, rents, leases, or offers for sale or lease
146	146	9 real estate at auction.
147	147	10 (12) Prepares or provides a broker price opinion or
148	148	11 comparative market analysis as those terms are defined in
149	149	12 this Act, pursuant to the provisions of Section 10-45 of
150	150	13 this Act.
151	151	14 "Brokerage agreement" means an a written or oral agreement
152	152	15 between a sponsoring broker and a consumer for licensed
153	153	16 activities, or the performance of future licensed activities,
154	154	17 to be provided to a consumer in return for compensation or the
155	155	18 right to receive compensation from another. Brokerage
156	156	19 agreements may constitute either a bilateral or a unilateral
157	157	20 agreement between the broker and the broker's client depending
158	158	21 upon the content of the brokerage agreement. All exclusive
159	159	22 brokerage agreements shall be in writing and may be exclusive
160	160	23 or non-exclusive.
161	161	24 "Broker price opinion" means an estimate or analysis of
162	162	25 the probable selling price of a particular interest in real
163	163	26 estate, which may provide a varying level of detail about the
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174	174	1 property's condition, market, and neighborhood and information
175	175	2 on comparable sales. The activities of a real estate broker or
176	176	3 managing broker engaging in the ordinary course of business as
177	177	4 a broker, as defined in this Section, shall not be considered a
178	178	5 broker price opinion if no compensation is paid to the broker
179	179	6 or managing broker, other than compensation based upon the
180	180	7 sale or rental of real estate. A broker price opinion shall not
181	181	8 be considered an appraisal within the meaning of the Real
182	182	9 Estate Appraiser Licensing Act of 2002, any amendment to that
183	183	10 Act, or any successor Act.
184	184	11 "Client" means a person who is being represented by a
185	185	12 licensee.
186	186	13 "Comparative market analysis" means an analysis or opinion
187	187	14 regarding pricing, marketing, or financial aspects relating to
188	188	15 a specified interest or interests in real estate that may be
189	189	16 based upon an analysis of comparative market data, the
190	190	17 expertise of the real estate broker or managing broker, and
191	191	18 such other factors as the broker or managing broker may deem
192	192	19 appropriate in developing or preparing such analysis or
193	193	20 opinion. The activities of a real estate broker or managing
194	194	21 broker engaging in the ordinary course of business as a
195	195	22 broker, as defined in this Section, shall not be considered a
196	196	23 comparative market analysis if no compensation is paid to the
197	197	24 broker or managing broker, other than compensation based upon
198	198	25 the sale or rental of real estate. A comparative market
199	199	26 analysis shall not be considered an appraisal within the
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210	210	1 meaning of the Real Estate Appraiser Licensing Act of 2002,
211	211	2 any amendment to that Act, or any successor Act.
212	212	3 "Compensation" means the valuable consideration given by
213	213	4 one person or entity to another person or entity in exchange
214	214	5 for the performance of some activity or service. Compensation
215	215	6 shall include the transfer of valuable consideration,
216	216	7 including without limitation the following:
217	217	8 (1) commissions;
218	218	9 (2) referral fees;
219	219	10 (3) bonuses;
220	220	11 (4) prizes;
221	221	12 (5) merchandise;
222	222	13 (6) finder fees;
223	223	14 (7) performance of services;
224	224	15 (8) coupons or gift certificates;
225	225	16 (9) discounts;
226	226	17 (10) rebates;
227	227	18 (11) a chance to win a raffle, drawing, lottery, or
228	228	19 similar game of chance not prohibited by any other law or
229	229	20 statute;
230	230	21 (12) retainer fee; or
231	231	22 (13) salary.
232	232	23 "Confidential information" means information obtained by a
233	233	24 licensee from a client during the term of a brokerage
234	234	25 agreement that (i) was made confidential by the written
235	235	26 request or written instruction of the client, (ii) deals with
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246	246	1 the negotiating position of the client, or (iii) is
247	247	2 information the disclosure of which could materially harm the
248	248	3 negotiating position of the client, unless at any time:
249	249	4 (1) the client permits the disclosure of information
250	250	5 given by that client by word or conduct;
251	251	6 (2) the disclosure is required by law; or
252	252	7 (3) the information becomes public from a source other
253	253	8 than the licensee.
254	254	9 "Confidential information" shall not be considered to
255	255	10 include material information about the physical condition of
256	256	11 the property.
257	257	12 "Consumer" means a person or entity seeking or receiving
258	258	13 licensed activities.
259	259	14 "Coordinator" means the Coordinator of Real Estate created
260	260	15 in Section 25-15 of this Act.
261	261	16 "Credit hour" means 50 minutes of instruction in course
262	262	17 work that meets the requirements set forth in rules adopted by
263	263	18 the Department.
264	264	19 "Customer" means a consumer who is not being represented
265	265	20 by the licensee.
266	266	21 "Department" means the Department of Financial and
267	267	22 Professional Regulation.
268	268	23 "Designated agency" means a contractual relationship
269	269	24 between a sponsoring broker and a client under Section 15-50
270	270	25 of this Act in which one or more licensees associated with or
271	271	26 employed by the broker are designated as agent of the client.
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282	282	1 "Designated agent" means a sponsored licensee named by a
283	283	2 sponsoring broker as the legal agent of a client, as provided
284	284	3 for in Section 15-50 of this Act.
285	285	4 "Designated managing broker" means a managing broker who
286	286	5 has supervisory responsibilities for licensees in one or, in
287	287	6 the case of a multi-office company, more than one office and
288	288	7 who has been appointed as such by the sponsoring broker
289	289	8 registered with the Department.
290	290	9 "Director" means the Director of Real Estate within the
291	291	10 Department of Financial and Professional Regulation.
292	292	11 "Dual agency" means an agency relationship in which a
293	293	12 licensee is representing both buyer and seller or both
294	294	13 landlord and tenant in the same transaction. When the agency
295	295	14 relationship is a designated agency, the question of whether
296	296	15 there is a dual agency shall be determined by the agency
297	297	16 relationships of the designated agent of the parties and not
298	298	17 of the sponsoring broker.
299	299	18 "Education provider" means a school licensed by the
300	300	19 Department offering courses in pre-license, post-license, or
301	301	20 continuing education required by this Act.
302	302	21 "Employee" or other derivative of the word "employee",
303	303	22 when used to refer to, describe, or delineate the relationship
304	304	23 between a sponsoring broker and a managing broker, broker, or
305	305	24 a residential leasing agent, shall be construed to include an
306	306	25 independent contractor relationship, provided that a written
307	307	26 agreement exists that clearly establishes and states the
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318	318	1 relationship.
319	319	2 "Escrow moneys" means all moneys, promissory notes, or any
320	320	3 other type or manner of legal tender or financial
321	321	4 consideration deposited with any person for the benefit of the
322	322	5 parties to the transaction. A transaction exists once an
323	323	6 agreement has been reached and an accepted real estate
324	324	7 contract signed or lease agreed to by the parties. "Escrow
325	325	8 moneys" includes, without limitation, earnest moneys and
326	326	9 security deposits, except those security deposits in which the
327	327	10 person holding the security deposit is also the sole owner of
328	328	11 the property being leased and for which the security deposit
329	329	12 is being held.
330	330	13 "Electronic means of proctoring" means a methodology
331	331	14 providing assurance that the person taking a test and
332	332	15 completing the answers to questions is the person seeking
333	333	16 licensure or credit for continuing education and is doing so
334	334	17 without the aid of a third party or other device.
335	335	18 "Exclusive brokerage agreement" means a written brokerage
336	336	19 agreement that provides that the sponsoring broker has the
337	337	20 sole right, through one or more sponsored licensees, to act as
338	338	21 the exclusive agent or representative of the client and that
339	339	22 meets the requirements of Section 15-75 of this Act.
340	340	23 "Inactive" means a status of licensure where the licensee
341	341	24 holds a current license under this Act, but the licensee is
342	342	25 prohibited from engaging in licensed activities because the
343	343	26 licensee is unsponsored or the license of the sponsoring
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354	354	1 broker with whom the licensee is associated or by whom the
355	355	2 licensee is employed is currently expired, revoked, suspended,
356	356	3 or otherwise rendered invalid under this Act. The license of
357	357	4 any business entity that is not in good standing with the
358	358	5 Illinois Secretary of State, or is not authorized to conduct
359	359	6 business in Illinois, shall immediately become inactive and
360	360	7 that entity shall be prohibited from engaging in any licensed
361	361	8 activities.
362	362	9 "Leads" means the name or names of a potential buyer,
363	363	10 seller, lessor, lessee, or client of a licensee.
364	364	11 "License" means the privilege conferred by the Department
365	365	12 to a person that has fulfilled all requirements prerequisite
366	366	13 to any type of licensure under this Act.
367	367	14 "Licensed activities" means those activities listed in the
368	368	15 definition of "broker" under this Section.
369	369	16 "Licensee" means any person licensed under this Act.
370	370	17 "Listing presentation" means any communication, written or
371	371	18 oral and by any means or media, between a managing broker or
372	372	19 broker and a consumer in which the licensee is attempting to
373	373	20 secure a brokerage agreement with the consumer to market the
374	374	21 consumer's real estate for sale or lease.
375	375	22 "Managing broker" means a licensee who may be authorized
376	376	23 to assume responsibilities as a designated managing broker for
377	377	24 licensees in one or, in the case of a multi-office company,
378	378	25 more than one office, upon appointment by the sponsoring
379	379	26 broker and registration with the Department. A managing broker
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390	390	1 may act as one's own sponsor.
391	391	2 "Medium of advertising" means any method of communication
392	392	3 intended to influence the general public to use or purchase a
393	393	4 particular good or service or real estate, including, but not
394	394	5 limited to, print, electronic, social media, and digital
395	395	6 forums.
396	396	7 "Non-exclusive brokerage agreement" means a written
397	397	8 brokerage agreement that provides that the sponsoring broker
398	398	9 has the non-exclusive right, through one or more sponsored
399	399	10 licensees, to act as an agent or representative of the client
400	400	11 for the performance of licensed activities and meets the
401	401	12 requirements of Section 15-50 of this Act.
402	402	13 "Office" means a broker's place of business where the
403	403	14 general public is invited to transact business and where
404	404	15 records may be maintained and licenses readily available,
405	405	16 whether or not it is the broker's principal place of business.
406	406	17 "Person" means and includes individuals, entities,
407	407	18 corporations, limited liability companies, registered limited
408	408	19 liability partnerships, foreign and domestic partnerships, and
409	409	20 other business entities, except that when the context
410	410	21 otherwise requires, the term may refer to a single individual
411	411	22 or other described entity.
412	412	23 "Proctor" means any person, including, but not limited to,
413	413	24 an instructor, who has a written agreement to administer
414	414	25 examinations fairly and impartially with a licensed education
415	415	26 provider.
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426	426	1 "Real estate" means and includes leaseholds as well as any
427	427	2 other interest or estate in land, whether corporeal,
428	428	3 incorporeal, freehold, or non-freehold and whether the real
429	429	4 estate is situated in this State or elsewhere. "Real estate"
430	430	5 does not include property sold, exchanged, or leased as a
431	431	6 timeshare or similar vacation item or interest, vacation club
432	432	7 membership, or other activity formerly regulated under the
433	433	8 Real Estate Timeshare Act of 1999 (repealed).
434	434	9 "Regular employee" means a person working an average of 20
435	435	10 hours per week for a person or entity who would be considered
436	436	11 as an employee under the Internal Revenue Service rules for
437	437	12 classifying workers.
438	438	13 "Renewal period" means the period beginning 90 days prior
439	439	14 to the expiration date of a license.
440	440	15 "Residential leasing agent" means a person who is employed
441	441	16 by a broker to engage in licensed activities limited to
442	442	17 leasing residential real estate who has obtained a license as
443	443	18 provided for in Section 5-5 of this Act.
444	444	19 "Secretary" means the Secretary of the Department of
445	445	20 Financial and Professional Regulation, or a person authorized
446	446	21 by the Secretary to act in the Secretary's stead.
447	447	22 "Sponsoring broker" means the broker who certifies to the
448	448	23 Department the broker's sponsorship of a licensed managing
449	449	24 broker, broker, or a residential leasing agent.
450	450	25 "Sponsorship" means that a sponsoring broker has certified
451	451	26 to the Department that a managing broker, broker, or
452	452
453	453
454	454
455	455
456	456
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458	458
459	459
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461	461	HB5551 - 13 - LRB103 37441 RTM 67563 b
462	462	1 residential leasing agent is employed by or associated by
463	463	2 written agreement with the sponsoring broker and the
464	464	3 Department has registered the sponsorship, as provided for in
465	465	4 Section 5-40 of this Act.
466	466	5 "Team" means any 2 or more licensees who work together to
467	467	6 provide real estate brokerage services, represent themselves
468	468	7 to the public as being part of a team or group, are identified
469	469	8 by a team name that is different than their sponsoring
470	470	9 broker's name, and together are supervised by the same
471	471	10 managing broker and sponsored by the same sponsoring broker.
472	472	11 "Team" does not mean a separately organized, incorporated, or
473	473	12 legal entity.
474	474	13 (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
475	475	14 (225 ILCS 454/5-20)
476	476	15 (Section scheduled to be repealed on January 1, 2030)
477	477	16 Sec. 5-20. Exemptions from managing broker, broker, or
478	478	17 residential leasing agent license requirement; Department
479	479	18 exemption from education provider and related licenses. The
480	480	19 requirement for holding a license under this Article 5 shall
481	481	20 not apply to:
482	482	21 (1) Any person, as defined in Section 1-10, who: (A)
483	483	22 is the that as owner or lessor of real property who
484	484	23 performs any of the acts described in the definition of
485	485	24 "broker" under Section 1-10 of this Act only as it relates
486	486	25 to the owned or leased property; or (B) is with reference
487	487
488	488
489	489
490	490
491	491
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493	493
494	494
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496	496	HB5551 - 14 - LRB103 37441 RTM 67563 b
497	497	1 to property owned or leased by it, or to the regular
498	498	2 employee who, in the course of the employee's duties and
499	499	3 incidental to employees thereof with respect to the
500	500	4 property so owned or leased, where such acts are performed
501	501	5 in the regular course of or as an incident to the
502	502	6 management, sale, or other disposition of such property
503	503	7 and the investment of the owned or leased property
504	504	8 performs therein, if such regular employees do not perform
505	505	9 any of the acts described in the definition of "broker"
506	506	10 under Section 1-10 of this Act in connection with a
507	507	11 vocation of selling or leasing any real estate or the
508	508	12 improvements thereon not so owned or leased. The exemption
509	509	13 in this item (1) does not apply to the person, the person's
510	510	14 employees, or the person's agents performing licensed
511	511	15 activity for property not owned or leased by that person.
512	512	16 (2) An attorney in fact acting under a duly executed
513	513	17 and recorded power of attorney to convey real estate from
514	514	18 the owner or lessor or the services rendered by an
515	515	19 attorney at law in the performance of the attorney's duty
516	516	20 as an attorney at law.
517	517	21 (3) Any person acting as receiver, trustee in
518	518	22 bankruptcy, administrator, executor, or guardian or while
519	519	23 acting under a court order or under the authority of a will
520	520	24 or testamentary trust.
521	521	25 (4) Any person acting as a resident manager for the
522	522	26 owner or any employee acting as the resident manager for a
523	523
524	524
525	525
526	526
527	527
528	528	HB5551 - 14 - LRB103 37441 RTM 67563 b
529	529
530	530
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532	532	HB5551 - 15 - LRB103 37441 RTM 67563 b
533	533	1 broker managing an apartment building, duplex, or
534	534	2 apartment complex, when the resident manager resides on
535	535	3 the premises, the premises is the primary residence of the
536	536	4 resident manager, and the resident manager is engaged in
537	537	5 the leasing of that property.
538	538	6 (5) Any officer or employee of a federal agency in the
539	539	7 conduct of official duties.
540	540	8 (6) Any officer or employee of the State government or
541	541	9 any political subdivision thereof performing official
542	542	10 duties.
543	543	11 (7) Any multiple listing service or other similar
544	544	12 information exchange that is engaged in the collection and
545	545	13 dissemination of information concerning real estate
546	546	14 available for sale, purchase, lease, or exchange for the
547	547	15 purpose of providing licensees with a system by which
548	548	16 licensees may cooperatively share information along with
549	549	17 which no other licensed activities, as defined in Section
550	550	18 1-10 of this Act, are provided.
551	551	19 (8) Railroads and other public utilities regulated by
552	552	20 the State of Illinois, or the officers or full-time
553	553	21 employees thereof, unless the performance of any licensed
554	554	22 activities is in connection with the sale, purchase,
555	555	23 lease, or other disposition of real estate or investment
556	556	24 therein that does not require the approval of the
557	557	25 appropriate State regulatory authority.
558	558	26 (9) Any medium of advertising in the routine course of
559	559
560	560
561	561
562	562
563	563
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565	565
566	566
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568	568	HB5551 - 16 - LRB103 37441 RTM 67563 b
569	569	1 selling or publishing advertising along with which no
570	570	2 other licensed activities, as defined in Section 1-10 of
571	571	3 this Act, are provided.
572	572	4 (10) Any resident lessee of a residential dwelling
573	573	5 unit who refers for compensation to the owner of the
574	574	6 dwelling unit, or to the owner's agent, prospective
575	575	7 lessees of dwelling units in the same building or complex
576	576	8 as the resident lessee's unit, but only if the resident
577	577	9 lessee (i) refers no more than 3 prospective lessees in
578	578	10 any 12-month period, (ii) receives compensation of no more
579	579	11 than $5,000 or the equivalent of 2 months' rent, whichever
580	580	12 is less, in any 12-month period, and (iii) limits
581	581	13 activities to referring prospective lessees to the owner,
582	582	14 or the owner's agent, and does not show a residential
583	583	15 dwelling unit to a prospective lessee, discuss terms or
584	584	16 conditions of leasing a dwelling unit with a prospective
585	585	17 lessee, or otherwise participate in the negotiation of the
586	586	18 leasing of a dwelling unit.
587	587	19 (11) The purchase, sale, or transfer of a timeshare or
588	588	20 similar vacation item or interest, vacation club
589	589	21 membership, or other activity formerly regulated under the
590	590	22 Real Estate Timeshare Act of 1999 (repealed).
591	591	23 (12) (Blank).
592	592	24 (13) Any person who is licensed without examination
593	593	25 under Section 10-25 (now repealed) of the Auction License
594	594	26 Act is exempt from holding a managing broker's or broker's
595	595
596	596
597	597
598	598
599	599
600	600	HB5551 - 16 - LRB103 37441 RTM 67563 b
601	601
602	602
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604	604	HB5551 - 17 - LRB103 37441 RTM 67563 b
605	605	1 license under this Act for the limited purpose of selling
606	606	2 or leasing real estate at auction, so long as:
607	607	3 (A) that person has made application for said
608	608	4 exemption by July 1, 2000;
609	609	5 (B) that person verifies to the Department that
610	610	6 the person has sold real estate at auction for a period
611	611	7 of 5 years prior to licensure as an auctioneer;
612	612	8 (C) the person has had no lapse in the licensure as
613	613	9 an auctioneer; and
614	614	10 (D) the license issued under the Auction License
615	615	11 Act has not been disciplined for violation of those
616	616	12 provisions of Article 20 of the Auction License Act
617	617	13 dealing with or related to the sale or lease of real
618	618	14 estate at auction.
619	619	15 (14) A person who holds a valid license under the
620	620	16 Auction License Act and a valid real estate auction
621	621	17 certification and conducts auctions for the sale of real
622	622	18 estate under Section 5-32 of this Act.
623	623	19 (15) A hotel operator who is registered with the
624	624	20 Illinois Department of Revenue and pays taxes under the
625	625	21 Hotel Operators' Occupation Tax Act and rents a room or
626	626	22 rooms in a hotel as defined in the Hotel Operators'
627	627	23 Occupation Tax Act for a period of not more than 30
628	628	24 consecutive days and not more than 60 days in a calendar
629	629	25 year or a person who participates in an online marketplace
630	630	26 enabling persons to rent out all or part of the person's
631	631
632	632
633	633
634	634
635	635
636	636	HB5551 - 17 - LRB103 37441 RTM 67563 b
637	637
638	638
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640	640	HB5551 - 18 - LRB103 37441 RTM 67563 b
641	641	1 owned residence.
642	642	2 (16) Notwithstanding any provisions to the contrary,
643	643	3 the Department and its employees shall be exempt from
644	644	4 education, course provider, instructor, and course license
645	645	5 requirements and fees while acting in an official capacity
646	646	6 on behalf of the Department. Courses offered by the
647	647	7 Department shall be eligible for continuing education
648	648	8 credit.
649	649	9 (Source: P.A. 103-236, eff. 1-1-24.)
650	650	10 (225 ILCS 454/5-25)
651	651	11 (Section scheduled to be repealed on January 1, 2030)
652	652	12 Sec. 5-25. Good moral character.
653	653	13 (a) When an applicant has had a license revoked on a prior
654	654	14 occasion or when an applicant is found to have committed any of
655	655	15 the practices enumerated in Section 20-20 of this Act or when
656	656	16 an applicant has been convicted of or enters a plea of guilty
657	657	17 or nolo contendere to forgery, embezzlement, obtaining money
658	658	18 under false pretenses, larceny, extortion, conspiracy to
659	659	19 defraud, or any other similar offense or offenses or has been
660	660	20 convicted of a felony involving moral turpitude in any court
661	661	21 of competent jurisdiction in this or any other state,
662	662	22 district, or territory of the United States or of a foreign
663	663	23 country, the Department Board may consider the prior
664	664	24 revocation, conduct, or conviction in its determination of the
665	665	25 applicant's moral character and whether to grant the applicant
666	666
667	667
668	668
669	669
670	670
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672	672
673	673
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675	675	HB5551 - 19 - LRB103 37441 RTM 67563 b
676	676	1 a license.
677	677	2 (b) In its consideration of the prior revocation, conduct,
678	678	3 or conviction, the Department Board shall take into account
679	679	4 the nature of the conduct, any aggravating or extenuating
680	680	5 circumstances, the time elapsed since the revocation, conduct,
681	681	6 or conviction, the rehabilitation or restitution performed by
682	682	7 the applicant, mitigating factors, and any other factors that
683	683	8 the Department Board deems relevant, including, but not
684	684	9 limited to:
685	685	10 (1) the lack of direct relation of the offense for
686	686	11 which the applicant was previously convicted to the
687	687	12 duties, functions, and responsibilities of the position
688	688	13 for which a license is sought;
689	689	14 (2) unless otherwise specified, whether 5 years since
690	690	15 a felony conviction or 3 years since release from
691	691	16 confinement for the conviction, whichever is later, have
692	692	17 passed without a subsequent conviction;
693	693	18 (3) if the applicant was previously licensed or
694	694	19 employed in this State or other states or jurisdictions,
695	695	20 the lack of prior misconduct arising from or related to
696	696	21 the licensed position or position of employment;
697	697	22 (4) the age of the person at the time of the criminal
698	698	23 offense;
699	699	24 (5) if, due to the applicant's criminal conviction
700	700	25 history, the applicant would be explicitly prohibited by
701	701	26 federal rules or regulations from working in the position
702	702
703	703
704	704
705	705
706	706
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708	708
709	709
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711	711	HB5551 - 20 - LRB103 37441 RTM 67563 b
712	712	1 for which a license is sought;
713	713	2 (6) successful completion of sentence and, for
714	714	3 applicants serving a term of parole or probation, a
715	715	4 progress report provided by the applicant's probation or
716	716	5 parole officer that documents the applicant's compliance
717	717	6 with conditions of supervision;
718	718	7 (7) evidence of the applicant's present fitness and
719	719	8 professional character;
720	720	9 (8) evidence of rehabilitation or rehabilitative
721	721	10 effort during or after incarceration, or during or after a
722	722	11 term of supervision, including, but not limited to, a
723	723	12 certificate of good conduct under Section 5-5.5-25 of the
724	724	13 Unified Code of Corrections or a certificate of relief
725	725	14 from disabilities under Section 5-5.5-10 of the Unified
726	726	15 Code of Corrections; and
727	727	16 (9) any other mitigating factors that contribute to
728	728	17 the person's potential and current ability to perform the
729	729	18 job duties.
730	730	19 (c) The Department shall not require applicants to report
731	731	20 the following information and shall not consider the following
732	732	21 criminal history records in connection with an application for
733	733	22 licensure or registration:
734	734	23 (1) juvenile adjudications of delinquent minors as
735	735	24 defined in Section 5-105 of the Juvenile Court Act of 1987
736	736	25 subject to the restrictions set forth in Section 5-130 of
737	737	26 that Act;
738	738
739	739
740	740
741	741
742	742
743	743	HB5551 - 20 - LRB103 37441 RTM 67563 b
744	744
745	745
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747	747	HB5551 - 21 - LRB103 37441 RTM 67563 b
748	748	1 (2) law enforcement records, court records, and
749	749	2 conviction records of an individual who was 17 years old
750	750	3 at the time of the offense and before January 1, 2014,
751	751	4 unless the nature of the offense required the individual
752	752	5 to be tried as an adult;
753	753	6 (3) records of arrests not followed by a charge or
754	754	7 conviction;
755	755	8 (4) records of arrests where the charges were
756	756	9 dismissed unless related to the practice of the
757	757	10 profession; however, applicants shall not be asked to
758	758	11 report any arrests, and an arrest not followed by a
759	759	12 conviction shall not be the basis of a denial and may be
760	760	13 used only to assess an applicant's rehabilitation;
761	761	14 (5) convictions overturned by a higher court; or
762	762	15 (6) convictions or arrests that have been sealed or
763	763	16 expunged.
764	764	17 (d) If an applicant makes a false statement of material
765	765	18 fact on the application, the false statement may in itself be
766	766	19 sufficient grounds to revoke or refuse to issue a license.
767	767	20 (e) A licensee shall report to the Department, in a manner
768	768	21 prescribed by the Department and within 30 days after the
769	769	22 occurrence of: (1) any conviction of or plea of guilty, or nolo
770	770	23 contendere to forgery, embezzlement, obtaining money under
771	771	24 false pretenses, larceny, extortion, conspiracy to defraud, or
772	772	25 any similar offense or offenses or any conviction of a felony
773	773	26 involving moral turpitude; (2) the entry of an administrative
774	774
775	775
776	776
777	777
778	778
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780	780
781	781
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783	783	HB5551 - 22 - LRB103 37441 RTM 67563 b
784	784	1 sanction by a government agency in this State or any other
785	785	2 jurisdiction that has as an essential element of dishonesty or
786	786	3 fraud or involves larceny, embezzlement, or obtaining money,
787	787	4 property, or credit by false pretenses; or (3) any conviction
788	788	5 of or plea of guilty or nolo contendere to a crime that
789	789	6 subjects the licensee to compliance with the requirements of
790	790	7 the Sex Offender Registration Act.
791	791	8 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
792	792	9 (225 ILCS 454/5-28)
793	793	10 (Section scheduled to be repealed on January 1, 2030)
794	794	11 Sec. 5-28. Requirements for licensure as a managing
795	795	12 broker.
796	796	13 (a) Every applicant for licensure as a managing broker
797	797	14 must meet the following qualifications:
798	798	15 (1) be at least 20 years of age;
799	799	16 (2) be of good moral character;
800	800	17 (3) have been licensed at least 2 consecutive years
801	801	18 out of the preceding 3 years as a broker;
802	802	19 (4) successfully complete a 4-year course of study in
803	803	20 high school or secondary school approved by the state in
804	804	21 which the school is located, or a State of Illinois High
805	805	22 School Diploma, which shall be verified under oath by the
806	806	23 applicant;
807	807	24 (5) provide satisfactory evidence of having completed
808	808	25 at least 165 hours, 120 of which shall be those hours
809	809
810	810
811	811
812	812
813	813
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815	815
816	816
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818	818	HB5551 - 23 - LRB103 37441 RTM 67563 b
819	819	1 required pre-licensure and post-licensure to obtain a
820	820	2 broker's license, and 45 additional hours completed within
821	821	3 the year immediately preceding the filing of an
822	822	4 application for a managing broker's license, which hours
823	823	5 shall focus on brokerage administration and management and
824	824	6 residential leasing agent management and include at least
825	825	7 15 hours in the classroom or by live, interactive webinar
826	826	8 or online distance education courses;
827	827	9 (6) personally take and pass a written examination on
828	828	10 Illinois specific real estate brokerage laws authorized by
829	829	11 the Department; and
830	830	12 (7) submit a valid application for issuance of a
831	831	13 license accompanied by the fees specified by rule.
832	832	14 (b) The requirements specified in item (5) of subsection
833	833	15 (a) of this Section do not apply to applicants who are
834	834	16 currently admitted to practice law by the Supreme Court of
835	835	17 Illinois and are currently in active standing.
836	836	18 (Source: P.A. 101-357, eff. 8-9-19; 102-1100, eff. 1-1-23.)
837	837	19 (225 ILCS 454/5-35)
838	838	20 (Section scheduled to be repealed on January 1, 2030)
839	839	21 Sec. 5-35. Examination; managing broker, broker, or
840	840	22 residential leasing agent.
841	841	23 (a) The Department shall authorize examinations at such
842	842	24 times and places as it may designate. The examination shall be
843	843	25 of a character to give a fair test of the qualifications of the
844	844
845	845
846	846
847	847
848	848
849	849	HB5551 - 23 - LRB103 37441 RTM 67563 b
850	850
851	851
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853	853	HB5551 - 24 - LRB103 37441 RTM 67563 b
854	854	1 applicant to practice as a managing broker, broker, or
855	855	2 residential leasing agent. Applicants for examination as a
856	856	3 managing broker, broker, or residential leasing agent shall be
857	857	4 required to pay, either to the Department or the designated
858	858	5 testing service, a fee covering the cost of providing the
859	859	6 examination. Failure to appear for the examination on the
860	860	7 scheduled date, at the time and place specified, after the
861	861	8 applicant's application for examination has been received and
862	862	9 acknowledged by the Department or its designated testing
863	863	10 service, shall result in the forfeiture of the examination
864	864	11 fee. An applicant shall be eligible to take the examination
865	865	12 only after successfully completing the education requirements
866	866	13 and attaining the minimum age provided for in Article 5 of this
867	867	14 Act. Approved pre-license education, as prescribed by this Act
868	868	15 for licensure as a managing broker, broker, or residential
869	869	16 leasing agent, shall be valid for 2 years after the date of
870	870	17 satisfactory completion of all required pre-license education.
871	871	18 Each applicant shall be required to establish compliance with
872	872	19 the eligibility requirements in the manner provided by the
873	873	20 rules promulgated for the administration of this Act.
874	874	21 (b) If a person who has received a passing score on the
875	875	22 written examination described in this Section fails to submit
876	876	23 an application and meet all requirements for a license under
877	877	24 this Act within one year after receiving a passing score on the
878	878	25 examination, credit for the examination shall terminate. The
879	879	26 person thereafter may make a new application for examination.
880	880
881	881
882	882
883	883
884	884
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886	886
887	887
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889	889	HB5551 - 25 - LRB103 37441 RTM 67563 b
890	890	1 (c) If an applicant has failed an examination 4
891	891	2 consecutive times, the applicant must repeat the pre-license
892	892	3 education required to sit for that examination. For the
893	893	4 purposes of this Section, the fifth attempt shall be the same
894	894	5 as the first, and the applicant must complete a new
895	895	6 application for examination. Approved education, as prescribed
896	896	7 by this Act for licensure as a managing broker, broker, or
897	897	8 residential leasing agent, shall be valid for 2 years after
898	898	9 the date of satisfactory completion of the education.
899	899	10 (d) The Department may employ consultants for the purposes
900	900	11 of preparing and conducting examinations.
901	901	12 (e) Each applicant shall establish the applicant's
902	902	13 compliance with the eligibility requirements in the manner
903	903	14 provided by the rules adopted for the administration of this
904	904	15 Act.
905	905	16 (Source: P.A. 101-357, eff. 8-9-19.)
906	906	17 (225 ILCS 454/5-45)
907	907	18 (Section scheduled to be repealed on January 1, 2030)
908	908	19 Sec. 5-45. Offices.
909	909	20 (a) If a sponsoring broker maintains more than one office
910	910	21 within the State, the sponsoring broker shall notify the
911	911	22 Department in a manner prescribed by the Department for each
912	912	23 office other than the sponsoring broker's principal place of
913	913	24 business. The brokerage license shall be displayed
914	914	25 conspicuously in each office. The name of each branch office
915	915
916	916
917	917
918	918
919	919
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921	921
922	922
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924	924	HB5551 - 26 - LRB103 37441 RTM 67563 b
925	925	1 shall be the same as that of the sponsoring broker's principal
926	926	2 office or shall clearly delineate the office's relationship
927	927	3 with the principal office.
928	928	4 (b) The sponsoring broker shall name a designated managing
929	929	5 broker for each office and the sponsoring broker shall be
930	930	6 responsible for supervising all designated managing brokers.
931	931	7 The sponsoring broker shall notify the Department in a manner
932	932	8 prescribed by the Department of the name of all designated
933	933	9 managing brokers of the sponsoring broker and the office or
934	934	10 offices they manage. Any changes in designated managing
935	935	11 brokers shall be reported to the Department in a manner
936	936	12 prescribed by the Department within 15 days of the change.
937	937	13 Failure to do so shall subject the sponsoring broker to
938	938	14 discipline under Section 20-20 of this Act.
939	939	15 (c) The sponsoring broker shall, within 24 hours, notify
940	940	16 the Department in a manner prescribed by the Department of any
941	941	17 opening, closing, or change in location of any office.
942	942	18 (d) Except as provided in this Section, each sponsoring
943	943	19 broker shall maintain an office, or place of business within
944	944	20 this State for the transaction of real estate business, shall
945	945	21 conspicuously display an identification sign on the outside of
946	946	22 the physical office of adequate size and visibility. Any
947	947	23 record required by this Act to be created or maintained shall
948	948	24 be, in the case of a physical record, securely stored and
949	949	25 accessible for inspection by the Department at the sponsoring
950	950	26 broker's principal office and, in the case of an electronic
951	951
952	952
953	953
954	954
955	955
956	956	HB5551 - 26 - LRB103 37441 RTM 67563 b
957	957
958	958
959	959	HB5551- 27 -LRB103 37441 RTM 67563 b HB5551 - 27 - LRB103 37441 RTM 67563 b
960	960	HB5551 - 27 - LRB103 37441 RTM 67563 b
961	961	1 record, securely stored in the format in which it was
962	962	2 originally generated, sent, or received and accessible for
963	963	3 inspection by the Department by secure electronic access to
964	964	4 the record. Any record relating to a transaction of a special
965	965	5 account shall be maintained for a minimum of 5 years, and any
966	966	6 electronic record shall be backed up at least monthly. The
967	967	7 physical office or place of business shall not be located in
968	968	8 any retail or financial business establishment unless it is
969	969	9 clearly separated from the other business and is situated
970	970	10 within a distinct area within the establishment.
971	971	11 (e) A nonresident broker who is licensed in this State by
972	972	12 examination or pursuant to the provisions of Section 5-60 or
973	973	13 5-60.5 of this Act shall not be required to maintain a definite
974	974	14 office or place of business in this State so long as the broker
975	975	15 provided all of the following conditions are met:
976	976	16 (1) the broker maintains an active broker's license in
977	977	17 the broker's other state of licensure domicile;
978	978	18 (2) the broker maintains an office in the broker's
979	979	19 other state of licensure domicile; and
980	980	20 (3) files the broker has filed with the Department
981	981	21 written statements appointing the Secretary to act as the
982	982	22 broker's agent upon whom all judicial and other process or
983	983	23 legal notices directed to the licensee may be served and
984	984	24 agreeing to abide by all of the provisions of this Act with
985	985	25 respect to the broker's real estate activities within the
986	986	26 State of Illinois and submitting to the jurisdiction of
987	987
988	988
989	989
990	990
991	991
992	992	HB5551 - 27 - LRB103 37441 RTM 67563 b
993	993
994	994
995	995	HB5551- 28 -LRB103 37441 RTM 67563 b HB5551 - 28 - LRB103 37441 RTM 67563 b
996	996	HB5551 - 28 - LRB103 37441 RTM 67563 b
997	997	1 the Department.
998	998	2 The statements under subdivision (3) of this Section shall
999	999	3 be in form and substance the same as those statements required
1000	1000	4 under Section 5-60 of this Act and shall operate to the same
1001	1001	5 extent.
1002	1002	6 (f) The Department may adopt rules to regulate the
1003	1003	7 operation of virtual offices that do not have a fixed
1004	1004	8 location. A broker who qualifies under subsection (e) of this
1005	1005	9 Section may also operate a virtual office in the State subject
1006	1006	10 to all requirements of this Act and the rules adopted under
1007	1007	11 this Act.
1008	1008	12 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
1009	1009	13 (225 ILCS 454/5-60)
1010	1010	14 (Section scheduled to be repealed on January 1, 2030)
1011	1011	15 Sec. 5-60. Managing broker licensed in another state;
1012	1012	16 broker licensed in another state; reciprocal agreements; agent
1013	1013	17 for service of process.
1014	1014	18 (a) A managing broker's license may be issued by the
1015	1015	19 Department to a managing broker or its equivalent licensed
1016	1016	20 under the laws of another state of the United States, under the
1017	1017	21 following conditions:
1018	1018	22 (1) the managing broker holds a managing broker's
1019	1019	23 license in a state that has entered into a reciprocal
1020	1020	24 agreement with the Department;
1021	1021	25 (2) the standards for that state for licensing as a
1022	1022
1023	1023
1024	1024
1025	1025
1026	1026
1027	1027	HB5551 - 28 - LRB103 37441 RTM 67563 b
1028	1028
1029	1029
1030	1030	HB5551- 29 -LRB103 37441 RTM 67563 b HB5551 - 29 - LRB103 37441 RTM 67563 b
1031	1031	HB5551 - 29 - LRB103 37441 RTM 67563 b
1032	1032	1 managing broker are substantially equal to or greater than
1033	1033	2 the minimum standards in the State of Illinois;
1034	1034	3 (3) the managing broker has been actively practicing
1035	1035	4 as a managing broker in the managing broker's state of
1036	1036	5 licensure for a period of not less than 2 years,
1037	1037	6 immediately prior to the date of application;
1038	1038	7 (4) the managing broker furnishes the Department with
1039	1039	8 a statement under seal of the proper licensing authority
1040	1040	9 of the state in which the managing broker is licensed
1041	1041	10 showing that the managing broker has an active managing
1042	1042	11 broker's license, that the managing broker is in good
1043	1043	12 standing, and any disciplinary action taken against the
1044	1044	13 managing broker in that state;
1045	1045	14 (5) the managing broker passes a test on Illinois
1046	1046	15 specific real estate brokerage laws; and
1047	1047	16 (6) the managing broker was licensed by an examination
1048	1048	17 in the state that has entered into a reciprocal agreement
1049	1049	18 with the Department.
1050	1050	19 (b) A broker's license may be issued by the Department to a
1051	1051	20 broker or its equivalent licensed under the laws of another
1052	1052	21 state of the United States, under the following conditions:
1053	1053	22 (1) the broker holds a broker's license in a state
1054	1054	23 that has entered into a reciprocal agreement with the
1055	1055	24 Department;
1056	1056	25 (2) the standards for that state for licensing as a
1057	1057	26 broker are substantially equivalent to or greater than the
1058	1058
1059	1059
1060	1060
1061	1061
1062	1062
1063	1063	HB5551 - 29 - LRB103 37441 RTM 67563 b
1064	1064
1065	1065
1066	1066	HB5551- 30 -LRB103 37441 RTM 67563 b HB5551 - 30 - LRB103 37441 RTM 67563 b
1067	1067	HB5551 - 30 - LRB103 37441 RTM 67563 b
1068	1068	1 minimum standards in the State of Illinois;
1069	1069	2 (3) (blank);
1070	1070	3 (4) the broker furnishes the Department with a
1071	1071	4 statement under seal of the proper licensing authority of
1072	1072	5 the state in which the broker is licensed showing that the
1073	1073	6 broker has an active broker's license, that the broker is
1074	1074	7 in good standing, and any disciplinary action taken
1075	1075	8 against the broker in that state;
1076	1076	9 (5) the broker passes a test on Illinois specific real
1077	1077	10 estate brokerage laws; and
1078	1078	11 (6) the broker was licensed by an examination in a
1079	1079	12 state that has entered into a reciprocal agreement with
1080	1080	13 the Department.
1081	1081	14 (c) (Blank).
1082	1082	15 (d) As a condition precedent to the issuance of a license
1083	1083	16 to a managing broker or broker pursuant to this Section, the
1084	1084	17 managing broker or broker shall agree in writing to abide by
1085	1085	18 all the provisions of this Act with respect to real estate
1086	1086	19 activities within the State of Illinois and submit to the
1087	1087	20 jurisdiction of the Department as provided in this Act. The
1088	1088	21 agreement shall be filed with the Department and shall remain
1089	1089	22 in force for so long as the managing broker or broker is
1090	1090	23 licensed by this State and thereafter with respect to acts or
1091	1091	24 omissions committed while licensed as a managing broker or
1092	1092	25 broker in this State.
1093	1093	26 (e) The Prior to the issuance of any license to any
1094	1094
1095	1095
1096	1096
1097	1097
1098	1098
1099	1099	HB5551 - 30 - LRB103 37441 RTM 67563 b
1100	1100
1101	1101
1102	1102	HB5551- 31 -LRB103 37441 RTM 67563 b HB5551 - 31 - LRB103 37441 RTM 67563 b
1103	1103	HB5551 - 31 - LRB103 37441 RTM 67563 b
1104	1104	1 managing broker or broker pursuant to this Section,
1105	1105	2 verification of active licensure issued for the conduct of
1106	1106	3 such business in any other state must be filed with the
1107	1107	4 Department by the managing broker or broker, and the same fees
1108	1108	5 must be paid as provided in this Act for the obtaining of a
1109	1109	6 managing broker's or broker's license in this State.
1110	1110	7 (f) Licenses previously granted under reciprocal
1111	1111	8 agreements with other states shall remain in force so long as
1112	1112	9 the Department has a reciprocal agreement with the state that
1113	1113	10 includes the requirements of this Section, unless that license
1114	1114	11 is suspended, revoked, or terminated by the Department for any
1115	1115	12 reason provided for suspension, revocation, or termination of
1116	1116	13 a resident licensee's license. Licenses granted under
1117	1117	14 reciprocal agreements may be renewed in the same manner as a
1118	1118	15 resident's license.
1119	1119	16 (g) Prior to the issuance of a license to a nonresident
1120	1120	17 managing broker or broker, the managing broker or broker shall
1121	1121	18 file with the Department, in a manner prescribed by the
1122	1122	19 Department, a designation in writing that appoints the
1123	1123	20 Secretary to act as agent upon whom all judicial and other
1124	1124	21 process or legal notices directed to the managing broker or
1125	1125	22 broker may be served. Service upon the agent so designated
1126	1126	23 shall be equivalent to personal service upon the licensee.
1127	1127	24 Copies of the appointment, certified by the Secretary, shall
1128	1128	25 be deemed sufficient evidence thereof and shall be admitted in
1129	1129	26 evidence with the same force and effect as the original
1130	1130
1131	1131
1132	1132
1133	1133
1134	1134
1135	1135	HB5551 - 31 - LRB103 37441 RTM 67563 b
1136	1136
1137	1137
1138	1138	HB5551- 32 -LRB103 37441 RTM 67563 b HB5551 - 32 - LRB103 37441 RTM 67563 b
1139	1139	HB5551 - 32 - LRB103 37441 RTM 67563 b
1140	1140	1 thereof might be admitted. In the written designation, the
1141	1141	2 managing broker or broker shall agree that any lawful process
1142	1142	3 against the licensee that is served upon the agent shall be of
1143	1143	4 the same legal force and validity as if served upon the
1144	1144	5 licensee and that the authority shall continue in force so
1145	1145	6 long as any liability remains outstanding in this State. Upon
1146	1146	7 the receipt of any process or notice, the Secretary shall
1147	1147	8 forthwith deliver a copy of the same by regular mail or email
1148	1148	9 to the last known business address or email address of the
1149	1149	10 licensee.
1150	1150	11 (h) (Blank). Any person holding a valid license under this
1151	1151	12 Section shall be eligible to obtain a managing broker's
1152	1152	13 license or a broker's license without examination should that
1153	1153	14 person change their state of domicile to Illinois and that
1154	1154	15 person otherwise meets the qualifications for licensure under
1155	1155	16 this Act.
1156	1156	17 (i) This Section is repealed on January 1, 2026.
1157	1157	18 (Source: P.A. 103-236, eff. 1-1-24.)
1158	1158	19 (225 ILCS 454/5-60.1 new)
1159	1159	20 Sec. 5-60.1. Applications for licensure based upon
1160	1160	21 reciprocal agreements. On and after January 1, 2026 (the
1161	1161	22 repeal date of Section 5-60), applications for licensure based
1162	1162	23 upon reciprocal agreements shall not be accepted. Licenses
1163	1163	24 granted under reciprocal agreements prior to January 1, 2026
1164	1164	25 shall remain in force and may be renewed in the same manner as
1165	1165
1166	1166
1167	1167
1168	1168
1169	1169
1170	1170	HB5551 - 32 - LRB103 37441 RTM 67563 b
1171	1171
1172	1172
1173	1173	HB5551- 33 -LRB103 37441 RTM 67563 b HB5551 - 33 - LRB103 37441 RTM 67563 b
1174	1174	HB5551 - 33 - LRB103 37441 RTM 67563 b
1175	1175	1 provided for a broker or managing broker license under Section
1176	1176	2 5-50 of this Act and by rule.
1177	1177	3 (225 ILCS 454/5-60.5 new)
1178	1178	4 Sec. 5-60.5. Managing broker licensed in another state;
1179	1179	5 broker licensed in another state; endorsement requirements;
1180	1180	6 agent for service of process.
1181	1181	7 (a) A managing broker's license may be issued by the
1182	1182	8 Department to a managing broker or its equivalent licensed
1183	1183	9 under the laws of another state or jurisdiction of the United
1184	1184	10 States under the following conditions:
1185	1185	11 (1) the managing broker holds an active managing
1186	1186	12 broker's license or its equivalent in another state or
1187	1187	13 jurisdiction;
1188	1188	14 (2) the managing broker has been actively practicing
1189	1189	15 as a managing broker or its license equivalent in the
1190	1190	16 managing broker's state or jurisdiction of licensure for a
1191	1191	17 period of not less than 2 years immediately prior to the
1192	1192	18 date of application;
1193	1193	19 (3) the managing broker furnishes the Department with
1194	1194	20 an official statement from the proper licensing authority
1195	1195	21 of each state or jurisdiction in which the managing broker
1196	1196	22 is licensed certifying (i) that the managing broker has an
1197	1197	23 active license, (ii) that the managing broker is in good
1198	1198	24 standing, and (iii) any history of discipline against the
1199	1199	25 managing broker in that state or jurisdiction of
1200	1200
1201	1201
1202	1202
1203	1203
1204	1204
1205	1205	HB5551 - 33 - LRB103 37441 RTM 67563 b
1206	1206
1207	1207
1208	1208	HB5551- 34 -LRB103 37441 RTM 67563 b HB5551 - 34 - LRB103 37441 RTM 67563 b
1209	1209	HB5551 - 34 - LRB103 37441 RTM 67563 b
1210	1210	1 licensure;
1211	1211	2 (4) the managing broker passes a test on Illinois
1212	1212	3 specific real estate brokerage laws; and
1213	1213	4 (5) the managing broker provides proof of successful
1214	1214	5 completion of a pre-license endorsement course approved by
1215	1215	6 the Department.
1216	1216	7 (b) A broker's license may be issued by the Department to a
1217	1217	8 broker or its equivalent licensed under the laws of another
1218	1218	9 state or jurisdiction of the United States under the following
1219	1219	10 conditions:
1220	1220	11 (1) the broker holds an active broker's license or its
1221	1221	12 equivalent in another state or jurisdiction;
1222	1222	13 (2) the broker furnishes the Department with an
1223	1223	14 official statement from the proper licensing authority of
1224	1224	15 each state or jurisdiction in which the broker is licensed
1225	1225	16 certifying (i) whether the broker has an active license,
1226	1226	17 (ii) that the broker is in good standing, and (iii) any
1227	1227	18 history of discipline against the broker in that state or
1228	1228	19 jurisdiction of licensure;
1229	1229	20 (3) the broker passes a test on Illinois specific real
1230	1230	21 estate brokerage laws;
1231	1231	22 (4) the broker provides proof of successful completion
1232	1232	23 of a pre-license endorsement course approved by the
1233	1233	24 Department; and
1234	1234	25 (5) if the broker has been actively practicing as a
1235	1235	26 broker or its license equivalent in any other state or
1236	1236
1237	1237
1238	1238
1239	1239
1240	1240
1241	1241	HB5551 - 34 - LRB103 37441 RTM 67563 b
1242	1242
1243	1243
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1245	1245	HB5551 - 35 - LRB103 37441 RTM 67563 b
1246	1246	1 jurisdiction for less than 2 years immediately prior to
1247	1247	2 the date of application, the broker must complete the 45
1248	1248	3 hours of post-license broker education prescribed in this
1249	1249	4 Act and by rule.
1250	1250	5 (c) As a condition precedent to the issuance of a license
1251	1251	6 to a managing broker or broker pursuant to this Section, the
1252	1252	7 managing broker or broker shall agree to abide by all the
1253	1253	8 provisions of this Act with respect to managing broker's or
1254	1254	9 broker's real estate activities within the State of Illinois
1255	1255	10 and submit to the jurisdiction of the Department as provided
1256	1256	11 in this Act. The agreement shall remain in force for so long as
1257	1257	12 the managing broker or broker is licensed by this State and
1258	1258	13 thereafter with respect to acts or omissions committed while
1259	1259	14 licensed in this State.
1260	1260	15 (d) Prior to the issuance of a license to a nonresident
1261	1261	16 managing broker or broker, the managing broker or broker shall
1262	1262	17 file with the Department a designation in writing that
1263	1263	18 appoints the Secretary to act as the managing broker's or
1264	1264	19 broker's agent upon whom all judicial and other process or
1265	1265	20 legal notices directed to the managing broker or broker may be
1266	1266	21 served. Service upon the Secretary shall be equivalent to
1267	1267	22 personal service upon the licensee. Copies of the appointment,
1268	1268	23 certified by the Secretary, shall be deemed sufficient
1269	1269	24 evidence and shall be admitted into evidence with the same
1270	1270	25 force and effect as if the original is admitted.
1271	1271	26 (e) The same fees must be paid as provided in this Act for
1272	1272
1273	1273
1274	1274
1275	1275
1276	1276
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1278	1278
1279	1279
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1281	1281	HB5551 - 36 - LRB103 37441 RTM 67563 b
1282	1282	1 obtaining a managing broker's or broker's license in this
1283	1283	2 State.
1284	1284	3 (f) In the written designation, the managing broker or
1285	1285	4 broker shall agree that any lawful process against the
1286	1286	5 licensee that is served upon the agent shall be of the same
1287	1287	6 legal force and validity as if served upon the licensee and
1288	1288	7 that the authority shall continue in force so long as any
1289	1289	8 liability remains outstanding in this State. Upon the receipt
1290	1290	9 of any process or notice, the Secretary shall deliver a copy of
1291	1291	10 the same by regular mail or email to the mailing address or
1292	1292	11 email address of record of the licensee.
1293	1293	12 (225 ILCS 454/5-70)
1294	1294	13 (Section scheduled to be repealed on January 1, 2030)
1295	1295	14 Sec. 5-70. Continuing education requirement; managing
1296	1296	15 broker or broker.
1297	1297	16 (a) The requirements of this Section apply to all managing
1298	1298	17 brokers and brokers.
1299	1299	18 (b) Except as otherwise provided in this Section, each
1300	1300	19 person who applies for renewal of a license as a managing
1301	1301	20 broker or broker must successfully complete 12 hours of real
1302	1302	21 estate continuing education courses recommended by the Board
1303	1303	22 and approved by the Department during the current term of the
1304	1304	23 license. In addition, those licensees renewing or obtaining a
1305	1305	24 managing broker's license must successfully complete a 12-hour
1306	1306	25 broker management continuing education course approved by the
1307	1307
1308	1308
1309	1309
1310	1310
1311	1311
1312	1312	HB5551 - 36 - LRB103 37441 RTM 67563 b
1313	1313
1314	1314
1315	1315	HB5551- 37 -LRB103 37441 RTM 67563 b HB5551 - 37 - LRB103 37441 RTM 67563 b
1316	1316	HB5551 - 37 - LRB103 37441 RTM 67563 b
1317	1317	1 Department during the current term of the license. The broker
1318	1318	2 management continuing education course must be completed in
1319	1319	3 the classroom, or through a live, interactive webinar, or in
1320	1320	4 an online distance education format. No license may be renewed
1321	1321	5 except upon the successful completion of the required courses
1322	1322	6 or their equivalent or upon a waiver of those requirements for
1323	1323	7 good cause shown as determined by the Secretary upon the
1324	1324	8 recommendation of the Board. The requirements of this Article
1325	1325	9 are applicable to all managing brokers and brokers except
1326	1326	10 those managing brokers and brokers who, during the current
1327	1327	11 term of licensure:
1328	1328	12 (1) serve in the armed services of the United States;
1329	1329	13 (2) serve as an elected State or federal official;
1330	1330	14 (3) serve as a full-time employee of the Department;
1331	1331	15 or
1332	1332	16 (4) are admitted to practice law pursuant to Illinois
1333	1333	17 Supreme Court rule.
1334	1334	18 (c) (Blank).
1335	1335	19 (d) A person receiving an initial license during the 90
1336	1336	20 days before the renewal date shall not be required to complete
1337	1337	21 the continuing education courses provided for in subsection
1338	1338	22 (b) of this Section as a condition of initial license renewal.
1339	1339	23 (e) The continuing education requirement for brokers and
1340	1340	24 managing brokers shall consist of a single core curriculum,
1341	1341	25 which must include at least 2 credit hours of fair housing
1342	1342	26 training, and an elective curriculum, to be recommended by the
1343	1343
1344	1344
1345	1345
1346	1346
1347	1347
1348	1348	HB5551 - 37 - LRB103 37441 RTM 67563 b
1349	1349
1350	1350
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1352	1352	HB5551 - 38 - LRB103 37441 RTM 67563 b
1353	1353	1 Board and approved by the Department in accordance with this
1354	1354	2 subsection. With the exception of the fair housing training,
1355	1355	3 the The core curriculum shall not be further divided into
1356	1356	4 subcategories or divisions of instruction. The core curriculum
1357	1357	5 shall consist of 6 total 4 hours during the current term of the
1358	1358	6 license on subjects that may include, but are not limited to,
1359	1359	7 advertising, agency, disclosures, escrow, fair housing,
1360	1360	8 residential leasing agent management, and license law, and
1361	1361	9 must include at least 2 credit hours of fair housing training.
1362	1362	10 The amount of time allotted to each of the remaining these
1363	1363	11 subjects shall be recommended by the Board and determined by
1364	1364	12 the Department.
1365	1365	13 The Department, upon the recommendation of the Board,
1366	1366	14 shall review the core curriculum every 4 years, at a minimum,
1367	1367	15 and shall revise the curriculum if necessary. However, the
1368	1368	16 core curriculum's total hourly requirement shall only be
1369	1369	17 subject to change by amendment of this subsection, and any
1370	1370	18 change to the core curriculum shall not be effective for a
1371	1371	19 period of 6 months after such change is made by the Department.
1372	1372	20 The Department shall provide notice to all approved education
1373	1373	21 providers of any changes to the core curriculum. When
1374	1374	22 determining whether revisions of the core curriculum's
1375	1375	23 subjects or specific time requirements are necessary, the
1376	1376	24 Board shall consider recent changes in applicable laws, new
1377	1377	25 laws, and areas of the license law and the Department policy
1378	1378	26 that the Board deems appropriate, and any other subject areas
1379	1379
1380	1380
1381	1381
1382	1382
1383	1383
1384	1384	HB5551 - 38 - LRB103 37441 RTM 67563 b
1385	1385
1386	1386
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1388	1388	HB5551 - 39 - LRB103 37441 RTM 67563 b
1389	1389	1 the Board deems timely and applicable in order to prevent
1390	1390	2 violations of this Act and to protect the public. In
1391	1391	3 establishing a recommendation to the Department regarding the
1392	1392	4 elective curriculum, the Board shall consider subjects that
1393	1393	5 cover the various aspects of the practice of real estate that
1394	1394	6 are covered under the scope of this Act.
1395	1395	7 (f) The subject areas of continuing education courses
1396	1396	8 recommended by the Board and approved by the Department shall
1397	1397	9 be meant to protect the professionalism of the industry, the
1398	1398	10 consumer, and the public and prevent violations of this Act
1399	1399	11 and may include, without limitation, the following:
1400	1400	12 (1) license law and escrow;
1401	1401	13 (2) antitrust;
1402	1402	14 (3) fair housing;
1403	1403	15 (4) agency;
1404	1404	16 (5) appraisal;
1405	1405	17 (6) property management;
1406	1406	18 (7) residential brokerage;
1407	1407	19 (8) farm property management;
1408	1408	20 (9) transaction management rights and duties of
1409	1409	21 parties in a transaction;
1410	1410	22 (10) commercial brokerage and leasing;
1411	1411	23 (11) real estate financing;
1412	1412	24 (12) disclosures;
1413	1413	25 (13) residential leasing agent management;
1414	1414	26 (14) advertising;
1415	1415
1416	1416
1417	1417
1418	1418
1419	1419
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1421	1421
1422	1422
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1424	1424	HB5551 - 40 - LRB103 37441 RTM 67563 b
1425	1425	1 (15) broker supervision and designated managing broker
1426	1426	2 responsibility;
1427	1427	3 (16) professional conduct; and
1428	1428	4 (17) use of technology; and .
1429	1429	5 (18) diversity, equity, and inclusion.
1430	1430	6 (g) In lieu of credit for those courses listed in
1431	1431	7 subsection (f) of this Section, credit may be earned for
1432	1432	8 serving as a licensed instructor in an approved course of
1433	1433	9 continuing education. The amount of credit earned for teaching
1434	1434	10 a course shall be the amount of continuing education credit
1435	1435	11 for which the course is approved for licensees taking the
1436	1436	12 course.
1437	1437	13 (h) Credit hours may be earned for self-study programs
1438	1438	14 approved by the Department.
1439	1439	15 (i) A managing broker or broker may earn credit for a
1440	1440	16 specific continuing education course only once during the
1441	1441	17 current term of the license.
1442	1442	18 (j) No more than 12 hours of continuing education credit
1443	1443	19 may be taken in one calendar day.
1444	1444	20 (k) To promote the offering of a uniform and consistent
1445	1445	21 course content, the Department may provide for the development
1446	1446	22 of a single broker management course to be offered by all
1447	1447	23 education providers who choose to offer the broker management
1448	1448	24 continuing education course. The Department may contract for
1449	1449	25 the development of the 12-hour broker management continuing
1450	1450	26 education course with an outside vendor or consultant and, if
1451	1451
1452	1452
1453	1453
1454	1454
1455	1455
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1457	1457
1458	1458
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1460	1460	HB5551 - 41 - LRB103 37441 RTM 67563 b
1461	1461	1 the course is developed in this manner, the Department or the
1462	1462	2 outside consultant shall license the use of that course to all
1463	1463	3 approved education providers who wish to provide the course.
1464	1464	4 (l) Except as specifically provided in this Act,
1465	1465	5 continuing education credit hours may not be earned for
1466	1466	6 completion of pre-license or post-license courses. The courses
1467	1467	7 comprising the approved 45-hour post-license curriculum for
1468	1468	8 broker licensees shall satisfy the continuing education
1469	1469	9 requirement for the initial broker license term. The approved
1470	1470	10 45-hour managing broker pre-license brokerage administration
1471	1471	11 and management course shall satisfy the 12-hour broker
1472	1472	12 management continuing education requirement for the initial
1473	1473	13 managing broker license term.
1474	1474	14 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
1475	1475	15 (225 ILCS 454/10-10)
1476	1476	16 (Section scheduled to be repealed on January 1, 2030)
1477	1477	17 Sec. 10-10. Disclosure of compensation.
1478	1478	18 (a) A licensee must disclose to a client the sponsoring
1479	1479	19 broker's compensation and policy, including the terms of
1480	1480	20 compensation and any amounts offered with regard to
1481	1481	21 cooperating with brokers who represent other parties in a
1482	1482	22 transaction.
1483	1483	23 (b) A licensee must disclose to a client all sources of
1484	1484	24 compensation related to the transaction received by the
1485	1485	25 licensee from a third party.
1486	1486
1487	1487
1488	1488
1489	1489
1490	1490
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1492	1492
1493	1493
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1495	1495	HB5551 - 42 - LRB103 37441 RTM 67563 b
1496	1496	1 (c) If a licensee refers a client to a third party in which
1497	1497	2 the licensee has greater than a 1% ownership interest or from
1498	1498	3 which the licensee receives or may receive dividends or other
1499	1499	4 profit sharing distributions, other than a publicly held or
1500	1500	5 traded company, for the purpose of the client obtaining
1501	1501	6 services related to the transaction, then the licensee shall
1502	1502	7 disclose that fact to the client at the time of making the
1503	1503	8 referral.
1504	1504	9 (d) If in any one transaction a sponsoring broker receives
1505	1505	10 compensation from both the buyer and seller or lessee and
1506	1506	11 lessor of real estate, the sponsoring broker shall disclose in
1507	1507	12 writing to a client the fact that the compensation is being
1508	1508	13 paid by both buyer and seller or lessee and lessor.
1509	1509	14 (e) Nothing in the Act shall prohibit the cooperation with
1510	1510	15 or a payment of compensation to an individual domiciled in any
1511	1511	16 other state or country who is licensed as a broker in that
1512	1512	17 individual's his or her state or country of domicile or to a
1513	1513	18 resident of a country that does not require a person to be
1514	1514	19 licensed to act as a broker if the person complies with the
1515	1515	20 laws of the country in which that person resides and practices
1516	1516	21 there as a broker.
1517	1517	22 (Source: P.A. 101-357, eff. 8-9-19.)
1518	1518	23 (225 ILCS 454/10-20)
1519	1519	24 (Section scheduled to be repealed on January 1, 2030)
1520	1520	25 Sec. 10-20. Sponsoring broker; employment agreement.
1521	1521
1522	1522
1523	1523
1524	1524
1525	1525
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1527	1527
1528	1528
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1530	1530	HB5551 - 43 - LRB103 37441 RTM 67563 b
1531	1531	1 (a) A licensee may perform activities as a licensee only
1532	1532	2 for the licensee's his or her sponsoring broker. A licensee
1533	1533	3 must have only one sponsoring broker at any one time.
1534	1534	4 (b) Every broker who employs licensees or has an
1535	1535	5 independent contractor relationship with a licensee shall have
1536	1536	6 a written employment or independent contractor agreement with
1537	1537	7 each such licensee. The broker having this written employment
1538	1538	8 or independent contractor agreement with the licensee must be
1539	1539	9 that licensee's sponsoring broker.
1540	1540	10 (c) Every sponsoring broker must have a written employment
1541	1541	11 or independent contractor agreement with each licensee the
1542	1542	12 broker sponsors. The agreement shall address the employment or
1543	1543	13 independent contractor relationship terms, including without
1544	1544	14 limitation supervision, duties, compensation, and termination
1545	1545	15 process.
1546	1546	16 (d) (Blank).
1547	1547	17 (d-5) If a written agreement provides for an independent
1548	1548	18 contractor relationship that clearly states and establishes
1549	1549	19 that relationship, the specific provisions of this Act shall
1550	1550	20 control for licensee's conduct of brokerage activities.
1551	1551	21 (e) Notwithstanding the fact that a sponsoring broker has
1552	1552	22 an employment or independent contractor agreement with a
1553	1553	23 licensee, a sponsoring broker may pay compensation directly to
1554	1554	24 a business entity solely owned by that licensee that has been
1555	1555	25 formed for the purpose of receiving compensation earned by the
1556	1556	26 licensee. A business entity that receives compensation from a
1557	1557
1558	1558
1559	1559
1560	1560
1561	1561
1562	1562	HB5551 - 43 - LRB103 37441 RTM 67563 b
1563	1563
1564	1564
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1566	1566	HB5551 - 44 - LRB103 37441 RTM 67563 b
1567	1567	1 sponsoring broker as provided for in this subsection (e) shall
1568	1568	2 not be required to be licensed under this Act and must either
1569	1569	3 be owned solely by the licensee or by the licensee together
1570	1570	4 with the licensee's spouse, but only if the spouse and
1571	1571	5 licensee are both licensed and sponsored by the same
1572	1572	6 sponsoring broker or the spouse is not also licensed.
1573	1573	7 (Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.)
1574	1574	8 (225 ILCS 454/15-35)
1575	1575	9 (Section scheduled to be repealed on January 1, 2030)
1576	1576	10 Sec. 15-35. Agency relationship disclosure.
1577	1577	11 (a) A licensee acting as a designated agent shall advise a
1578	1578	12 consumer in writing, no later than beginning to work as a
1579	1579	13 designated agent on behalf of the consumer, of the following:
1580	1580	14 (1) That a designated agency relationship exists,
1581	1581	15 unless there is written agreement between the sponsoring
1582	1582	16 broker and the consumer providing for a different agency
1583	1583	17 relationship; and
1584	1584	18 (2) The name or names of the designated agent or
1585	1585	19 agents on the written disclosure, which must can be
1586	1586	20 included as part of in a brokerage agreement or be a
1587	1587	21 separate document, a copy of which is retained by the
1588	1588	22 sponsoring broker for the licensee and company records,
1589	1589	23 and a copy of which must be provided to the consumer or
1590	1590	24 client.
1591	1591	25 (b) The licensee representing the consumer shall discuss
1592	1592
1593	1593
1594	1594
1595	1595
1596	1596
1597	1597	HB5551 - 44 - LRB103 37441 RTM 67563 b
1598	1598
1599	1599
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1601	1601	HB5551 - 45 - LRB103 37441 RTM 67563 b
1602	1602	1 with the consumer the sponsoring broker's compensation and
1603	1603	2 policy, including the terms of compensation and any amounts
1604	1604	3 offered with regard to cooperating with brokers who represent
1605	1605	4 other parties in a transaction.
1606	1606	5 (c) A licensee shall disclose in writing to a customer
1607	1607	6 that the licensee is not acting as the agent of the customer at
1608	1608	7 a time intended to prevent disclosure of confidential
1609	1609	8 information from a customer to a licensee, but in no event
1610	1610	9 later than the preparation of an offer to purchase or lease
1611	1611	10 real property.
1612	1612	11 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
1613	1613	12 (225 ILCS 454/15-50)
1614	1614	13 (Section scheduled to be repealed on January 1, 2030)
1615	1615	14 Sec. 15-50. Brokerage agreements; designated Designated
1616	1616	15 agency.
1617	1617	16 (a) A sponsoring broker entering into a brokerage
1618	1618	17 relationship an agreement with any person for the listing of
1619	1619	18 property or for the purpose of representing any person in the
1620	1620	19 buying, selling, exchanging, renting, or leasing of real
1621	1621	20 estate shall set forth the terms of that relationship in a
1622	1622	21 written brokerage agreement. The brokerage agreement shall
1623	1623	22 specifically designate those licensees employed by or
1624	1624	23 affiliated with the sponsoring broker who will be acting as
1625	1625	24 legal agents of that person to the exclusion of all other
1626	1626	25 licensees employed by or affiliated with the sponsoring
1627	1627
1628	1628
1629	1629
1630	1630
1631	1631
1632	1632	HB5551 - 45 - LRB103 37441 RTM 67563 b
1633	1633
1634	1634
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1636	1636	HB5551 - 46 - LRB103 37441 RTM 67563 b
1637	1637	1 broker. A sponsoring broker entering into an agreement under
1638	1638	2 the provisions of this Section shall not be considered to be
1639	1639	3 acting for more than one party in a transaction if the
1640	1640	4 licensees are specifically designated as legal agents of a
1641	1641	5 person and are not representing more than one party in a
1642	1642	6 transaction.
1643	1643	7 (a-5) Nothing in this Section prevents a client from
1644	1644	8 seeking to enforce an oral agreement. The absence of a written
1645	1645	9 agreement does not create an affirmative defense (i) to the
1646	1646	10 existence, or lack thereof, of an agreement between the
1647	1647	11 parties; or (ii) as to whether licensed activity was performed
1648	1648	12 under this Act. This Section does not prevent a court from
1649	1649	13 imposing legal or equitable remedies.
1650	1650	14 (b) A sponsoring broker designating affiliated licensees
1651	1651	15 to act as agents of clients shall take ordinary and necessary
1652	1652	16 care to protect confidential information disclosed by a client
1653	1653	17 to the his or her designated agent.
1654	1654	18 (c) A designated agent may disclose to the designated
1655	1655	19 agent's his or her sponsoring broker or persons specified by
1656	1656	20 the sponsoring broker confidential information of a client for
1657	1657	21 the purpose of seeking advice or assistance for the benefit of
1658	1658	22 the client in regard to a possible transaction. Confidential
1659	1659	23 information shall not be disclosed by the sponsoring broker or
1660	1660	24 other specified representative of the sponsoring broker unless
1661	1661	25 otherwise required by this Act or requested or permitted by
1662	1662	26 the client who originally disclosed the confidential
1663	1663
1664	1664
1665	1665
1666	1666
1667	1667
1668	1668	HB5551 - 46 - LRB103 37441 RTM 67563 b
1669	1669
1670	1670
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1672	1672	HB5551 - 47 - LRB103 37441 RTM 67563 b
1673	1673	1 information.
1674	1674	2 (Source: P.A. 101-357, eff. 8-9-19.)
1675	1675	3 (225 ILCS 454/20-20)
1676	1676	4 (Section scheduled to be repealed on January 1, 2030)
1677	1677	5 Sec. 20-20. Nature of and grounds for discipline.
1678	1678	6 (a) The Department may refuse to issue or renew a license,
1679	1679	7 may place on probation, suspend, or revoke any license,
1680	1680	8 reprimand, or take any other disciplinary or non-disciplinary
1681	1681	9 action as the Department may deem proper and impose a fine not
1682	1682	10 to exceed $25,000 for each violation upon any licensee or
1683	1683	11 applicant under this Act or any person who holds oneself out as
1684	1684	12 an applicant or licensee or against a licensee in handling
1685	1685	13 one's own property, whether held by deed, option, or
1686	1686	14 otherwise, for any one or any combination of the following
1687	1687	15 causes:
1688	1688	16 (1) Fraud or misrepresentation in applying for, or
1689	1689	17 procuring, a license under this Act or in connection with
1690	1690	18 applying for renewal of a license under this Act.
1691	1691	19 (2) The licensee's conviction of or plea of guilty or
1692	1692	20 plea of nolo contendere, as set forth in subsection (e) of
1693	1693	21 Section 5-25, to: (A) a felony or misdemeanor in this
1694	1694	22 State or any other jurisdiction; (B) the entry of an
1695	1695	23 administrative sanction by a government agency in this
1696	1696	24 State or any other jurisdiction; or (C) any conviction of
1697	1697	25 or plea of guilty or plea of nolo contendere to a any crime
1698	1698
1699	1699
1700	1700
1701	1701
1702	1702
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1704	1704
1705	1705
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1707	1707	HB5551 - 48 - LRB103 37441 RTM 67563 b
1708	1708	1 that subjects the licensee to compliance with the
1709	1709	2 requirements of the Sex Offender Registration Act.
1710	1710	3 (3) Inability to practice the profession with
1711	1711	4 reasonable judgment, skill, or safety as a result of a
1712	1712	5 physical illness, mental illness, or disability.
1713	1713	6 (4) Practice under this Act as a licensee in a retail
1714	1714	7 sales establishment from an office, desk, or space that is
1715	1715	8 not separated from the main retail business and located
1716	1716	9 within a separate and distinct area within the
1717	1717	10 establishment.
1718	1718	11 (5) Having been disciplined by another state, the
1719	1719	12 District of Columbia, a territory, a foreign nation, or a
1720	1720	13 governmental agency authorized to impose discipline if at
1721	1721	14 least one of the grounds for that discipline is the same as
1722	1722	15 or the equivalent of one of the grounds for which a
1723	1723	16 licensee may be disciplined under this Act. A certified
1724	1724	17 copy of the record of the action by the other state or
1725	1725	18 jurisdiction shall be prima facie evidence thereof.
1726	1726	19 (6) Engaging in the practice of real estate brokerage
1727	1727	20 without a license or after the licensee's license or
1728	1728	21 temporary permit was expired or while the license was
1729	1729	22 inactive, revoked, or suspended.
1730	1730	23 (7) Cheating on or attempting to subvert the Real
1731	1731	24 Estate License Exam or a continuing education course or
1732	1732	25 examination.
1733	1733	26 (8) Aiding or abetting an applicant to subvert or
1734	1734
1735	1735
1736	1736
1737	1737
1738	1738
1739	1739	HB5551 - 48 - LRB103 37441 RTM 67563 b
1740	1740
1741	1741
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1743	1743	HB5551 - 49 - LRB103 37441 RTM 67563 b
1744	1744	1 cheat on the Real Estate License Exam or continuing
1745	1745	2 education exam administered pursuant to this Act.
1746	1746	3 (9) Advertising that is inaccurate, misleading, or
1747	1747	4 contrary to the provisions of the Act.
1748	1748	5 (10) Making any substantial misrepresentation or
1749	1749	6 untruthful advertising.
1750	1750	7 (11) Making any false promises of a character likely
1751	1751	8 to influence, persuade, or induce.
1752	1752	9 (12) Pursuing a continued and flagrant course of
1753	1753	10 misrepresentation or the making of false promises through
1754	1754	11 licensees, employees, agents, advertising, or otherwise.
1755	1755	12 (13) Any misleading or untruthful advertising, or
1756	1756	13 using any trade name or insignia of membership in any real
1757	1757	14 estate organization of which the licensee is not a member.
1758	1758	15 (14) Acting for more than one party in a transaction
1759	1759	16 without providing written notice to all parties for whom
1760	1760	17 the licensee acts.
1761	1761	18 (15) Representing or attempting to represent, or
1762	1762	19 performing licensed activities for, a broker other than
1763	1763	20 the sponsoring broker.
1764	1764	21 (16) Failure to account for or to remit any moneys or
1765	1765	22 documents coming into the licensee's possession that
1766	1766	23 belong to others.
1767	1767	24 (17) Failure to maintain and deposit in a special
1768	1768	25 account, separate and apart from personal and other
1769	1769	26 business accounts, all escrow moneys belonging to others
1770	1770
1771	1771
1772	1772
1773	1773
1774	1774
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1776	1776
1777	1777
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1779	1779	HB5551 - 50 - LRB103 37441 RTM 67563 b
1780	1780	1 entrusted to a licensee while acting as a broker, escrow
1781	1781	2 agent, or temporary custodian of the funds of others or
1782	1782	3 failure to maintain all escrow moneys on deposit in the
1783	1783	4 account until the transactions are consummated or
1784	1784	5 terminated, except to the extent that the moneys, or any
1785	1785	6 part thereof, shall be:
1786	1786	7 (A) disbursed prior to the consummation or
1787	1787	8 termination (i) in accordance with the written
1788	1788	9 direction of the principals to the transaction or
1789	1789	10 their duly authorized agents, (ii) in accordance with
1790	1790	11 directions providing for the release, payment, or
1791	1791	12 distribution of escrow moneys contained in any written
1792	1792	13 contract signed by the principals to the transaction
1793	1793	14 or their duly authorized agents, or (iii) pursuant to
1794	1794	15 an order of a court of competent jurisdiction; or
1795	1795	16 (B) deemed abandoned and transferred to the Office
1796	1796	17 of the State Treasurer to be handled as unclaimed
1797	1797	18 property pursuant to the Revised Uniform Unclaimed
1798	1798	19 Property Act. Escrow moneys may be deemed abandoned
1799	1799	20 under this subparagraph (B) only: (i) in the absence
1800	1800	21 of disbursement under subparagraph (A); (ii) in the
1801	1801	22 absence of notice of the filing of any claim in a court
1802	1802	23 of competent jurisdiction; and (iii) if 6 months have
1803	1803	24 elapsed after the receipt of a written demand for the
1804	1804	25 escrow moneys from one of the principals to the
1805	1805	26 transaction or the principal's duly authorized agent.
1806	1806
1807	1807
1808	1808
1809	1809
1810	1810
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1812	1812
1813	1813
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1815	1815	HB5551 - 51 - LRB103 37441 RTM 67563 b
1816	1816	1 The account shall be noninterest bearing, unless the
1817	1817	2 character of the deposit is such that payment of interest
1818	1818	3 thereon is otherwise required by law or unless the
1819	1819	4 principals to the transaction specifically require, in
1820	1820	5 writing, that the deposit be placed in an interest-bearing
1821	1821	6 account.
1822	1822	7 (18) Failure to make available to the Department all
1823	1823	8 escrow records and related documents maintained in
1824	1824	9 connection with the practice of real estate within 24
1825	1825	10 hours of a request for those documents by Department
1826	1826	11 personnel.
1827	1827	12 (19) Failing to furnish copies upon request of
1828	1828	13 documents relating to a real estate transaction to a party
1829	1829	14 who has executed that document.
1830	1830	15 (20) Failure of a sponsoring broker or licensee to
1831	1831	16 timely provide sponsorship or termination of sponsorship
1832	1832	17 information to the Department.
1833	1833	18 (21) Engaging in dishonorable, unethical, or
1834	1834	19 unprofessional conduct of a character likely to deceive,
1835	1835	20 defraud, or harm the public, including, but not limited
1836	1836	21 to, conduct set forth in rules adopted by the Department.
1837	1837	22 (22) Commingling the money or property of others with
1838	1838	23 the licensee's own money or property.
1839	1839	24 (23) Employing any person on a purely temporary or
1840	1840	25 single deal basis as a means of evading the law regarding
1841	1841	26 payment of commission to nonlicensees on some contemplated
1842	1842
1843	1843
1844	1844
1845	1845
1846	1846
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1848	1848
1849	1849
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1851	1851	HB5551 - 52 - LRB103 37441 RTM 67563 b
1852	1852	1 transactions.
1853	1853	2 (24) Permitting the use of one's license as a broker
1854	1854	3 to enable a residential leasing agent or unlicensed person
1855	1855	4 to operate a real estate business without actual
1856	1856	5 participation therein and control thereof by the broker.
1857	1857	6 (25) Any other conduct, whether of the same or a
1858	1858	7 different character from that specified in this Section,
1859	1859	8 that constitutes dishonest dealing.
1860	1860	9 (25.5) Failing to have a written brokerage agreement
1861	1861	10 between the sponsoring broker and a client for whom the
1862	1862	11 designated agent is working.
1863	1863	12 (26) Displaying a "for rent" or "for sale" sign on any
1864	1864	13 property without the written consent of an owner or the
1865	1865	14 owner's duly authorized agent or advertising by any means
1866	1866	15 that any property is for sale or for rent without the
1867	1867	16 written consent of the owner or the owner's authorized
1868	1868	17 agent.
1869	1869	18 (27) Failing to provide information requested by the
1870	1870	19 Department, or otherwise respond to that request, within
1871	1871	20 30 days of the request.
1872	1872	21 (28) Advertising by means of a blind advertisement,
1873	1873	22 except as otherwise permitted in Section 10-30 of this
1874	1874	23 Act.
1875	1875	24 (29) A licensee under this Act or an unlicensed
1876	1876	25 individual offering guaranteed sales plans, as defined in
1877	1877	26 Section 10-50, except to the extent set forth in Section
1878	1878
1879	1879
1880	1880
1881	1881
1882	1882
1883	1883	HB5551 - 52 - LRB103 37441 RTM 67563 b
1884	1884
1885	1885
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1887	1887	HB5551 - 53 - LRB103 37441 RTM 67563 b
1888	1888	1 10-50.
1889	1889	2 (30) Influencing or attempting to influence, by any
1890	1890	3 words or acts, a prospective seller, purchaser, occupant,
1891	1891	4 landlord, or tenant of real estate, in connection with
1892	1892	5 viewing, buying, or leasing real estate, so as to promote
1893	1893	6 or tend to promote the continuance or maintenance of
1894	1894	7 racially and religiously segregated housing or so as to
1895	1895	8 retard, obstruct, or discourage racially integrated
1896	1896	9 housing on or in any street, block, neighborhood, or
1897	1897	10 community.
1898	1898	11 (31) Engaging in any act that constitutes a violation
1899	1899	12 of any provision of Article 3 of the Illinois Human Rights
1900	1900	13 Act, whether or not a complaint has been filed with or
1901	1901	14 adjudicated by the Human Rights Commission.
1902	1902	15 (32) Inducing any party to a contract of sale or lease
1903	1903	16 or brokerage agreement to break the contract of sale or
1904	1904	17 lease or brokerage agreement for the purpose of
1905	1905	18 substituting, in lieu thereof, a new contract for sale or
1906	1906	19 lease or brokerage agreement with a third party.
1907	1907	20 (33) Negotiating a sale, exchange, or lease of real
1908	1908	21 estate directly with any person if the licensee knows that
1909	1909	22 the person has an exclusive brokerage agreement with
1910	1910	23 another broker, unless specifically authorized by that
1911	1911	24 broker.
1912	1912	25 (34) When a licensee is also an attorney, acting as
1913	1913	26 the attorney for either the buyer or the seller in the same
1914	1914
1915	1915
1916	1916
1917	1917
1918	1918
1919	1919	HB5551 - 53 - LRB103 37441 RTM 67563 b
1920	1920
1921	1921
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1923	1923	HB5551 - 54 - LRB103 37441 RTM 67563 b
1924	1924	1 transaction in which the licensee is acting or has acted
1925	1925	2 as a managing broker or broker.
1926	1926	3 (35) Advertising or offering merchandise or services
1927	1927	4 as free if any conditions or obligations necessary for
1928	1928	5 receiving the merchandise or services are not disclosed in
1929	1929	6 the same advertisement or offer. These conditions or
1930	1930	7 obligations include without limitation the requirement
1931	1931	8 that the recipient attend a promotional activity or visit
1932	1932	9 a real estate site. As used in this subdivision (35),
1933	1933	10 "free" includes terms such as "award", "prize", "no
1934	1934	11 charge", "free of charge", "without charge", and similar
1935	1935	12 words or phrases that reasonably lead a person to believe
1936	1936	13 that one may receive or has been selected to receive
1937	1937	14 something of value, without any conditions or obligations
1938	1938	15 on the part of the recipient.
1939	1939	16 (36) (Blank).
1940	1940	17 (37) Violating the terms of any order issued by the
1941	1941	18 Department.
1942	1942	19 (38) Paying or failing to disclose compensation in
1943	1943	20 violation of Article 10 of this Act.
1944	1944	21 (39) Requiring a party to a transaction who is not a
1945	1945	22 client of the licensee to allow the licensee to retain a
1946	1946	23 portion of the escrow moneys for payment of the licensee's
1947	1947	24 commission or expenses as a condition for release of the
1948	1948	25 escrow moneys to that party.
1949	1949	26 (40) Disregarding or violating any provision of this
1950	1950
1951	1951
1952	1952
1953	1953
1954	1954
1955	1955	HB5551 - 54 - LRB103 37441 RTM 67563 b
1956	1956
1957	1957
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1959	1959	HB5551 - 55 - LRB103 37441 RTM 67563 b
1960	1960	1 Act or the published rules adopted by the Department to
1961	1961	2 enforce this Act or aiding or abetting any individual,
1962	1962	3 foreign or domestic partnership, registered limited
1963	1963	4 liability partnership, limited liability company,
1964	1964	5 corporation, or other business entity in disregarding any
1965	1965	6 provision of this Act or the published rules adopted by
1966	1966	7 the Department to enforce this Act.
1967	1967	8 (41) Failing to provide the minimum services required
1968	1968	9 by Section 15-75 of this Act when acting under an
1969	1969	10 exclusive brokerage agreement.
1970	1970	11 (42) Habitual or excessive use of or addiction to
1971	1971	12 alcohol, narcotics, stimulants, or any other chemical
1972	1972	13 agent or drug that results in a licensee's managing
1973	1973	14 broker, broker, or residential leasing agent's inability
1974	1974	15 to practice with reasonable skill or safety, which may
1975	1975	16 result in significant harm to the public.
1976	1976	17 (43) Enabling, aiding, or abetting an auctioneer, as
1977	1977	18 defined in the Auction License Act, to conduct a real
1978	1978	19 estate auction in a manner that is in violation of this
1979	1979	20 Act.
1980	1980	21 (44) Permitting any residential leasing agent or
1981	1981	22 temporary residential leasing agent permit holder to
1982	1982	23 engage in activities that require a broker's or managing
1983	1983	24 broker's license.
1984	1984	25 (45) Failing to notify the Department, within 30 days
1985	1985	26 after the occurrence, of the information required in
1986	1986
1987	1987
1988	1988
1989	1989
1990	1990
1991	1991	HB5551 - 55 - LRB103 37441 RTM 67563 b
1992	1992
1993	1993
1994	1994	HB5551- 56 -LRB103 37441 RTM 67563 b HB5551 - 56 - LRB103 37441 RTM 67563 b
1995	1995	HB5551 - 56 - LRB103 37441 RTM 67563 b
1996	1996	1 subsection (e) of Section 5-25.
1997	1997	2 (46) A designated managing broker's failure to provide
1998	1998	3 an appropriate written company policy or failure to
1999	1999	4 perform any of the duties set forth in Section 10-55.
2000	2000	5 (47) Filing liens or recording written instruments in
2001	2001	6 any county in the State on noncommercial, residential real
2002	2002	7 property that relate to a broker's compensation for
2003	2003	8 licensed activity under the Act.
2004	2004	9 (b) The Department may refuse to issue or renew or may
2005	2005	10 suspend the license of any person who fails to file a return,
2006	2006	11 pay the tax, penalty or interest shown in a filed return, or
2007	2007	12 pay any final assessment of tax, penalty, or interest, as
2008	2008	13 required by any tax Act administered by the Department of
2009	2009	14 Revenue, until such time as the requirements of that tax Act
2010	2010	15 are satisfied in accordance with subsection (g) of Section
2011	2011	16 2105-15 of the Department of Professional Regulation Law of
2012	2012	17 the Civil Administrative Code of Illinois.
2013	2013	18 (c) (Blank).
2014	2014	19 (d) In cases where the Department of Healthcare and Family
2015	2015	20 Services (formerly Department of Public Aid) has previously
2016	2016	21 determined that a licensee or a potential licensee is more
2017	2017	22 than 30 days delinquent in the payment of child support and has
2018	2018	23 subsequently certified the delinquency to the Department may
2019	2019	24 refuse to issue or renew or may revoke or suspend that person's
2020	2020	25 license or may take other disciplinary action against that
2021	2021	26 person based solely upon the certification of delinquency made
2022	2022
2023	2023
2024	2024
2025	2025
2026	2026
2027	2027	HB5551 - 56 - LRB103 37441 RTM 67563 b
2028	2028
2029	2029
2030	2030	HB5551- 57 -LRB103 37441 RTM 67563 b HB5551 - 57 - LRB103 37441 RTM 67563 b
2031	2031	HB5551 - 57 - LRB103 37441 RTM 67563 b
2032	2032	1 by the Department of Healthcare and Family Services in
2033	2033	2 accordance with item (5) of subsection (a) of Section 2105-15
2034	2034	3 of the Department of Professional Regulation Law of the Civil
2035	2035	4 Administrative Code of Illinois.
2036	2036	5 (e) (Blank).
2037	2037	6 (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
2038	2038	7 (225 ILCS 454/20-20.1)
2039	2039	8 (Section scheduled to be repealed on January 1, 2030)
2040	2040	9 Sec. 20-20.1. Citations.
2041	2041	10 (a) The Department may adopt rules to permit the issuance
2042	2042	11 of citations to any licensee for failure to comply with the
2043	2043	12 continuing education and post-license education requirements
2044	2044	13 set forth in this Act or as adopted by rule. The citation shall
2045	2045	14 be issued to the licensee, and a copy shall be sent to the
2046	2046	15 licensee's designated managing broker and sponsoring broker.
2047	2047	16 The citation shall contain the licensee's name and address,
2048	2048	17 the licensee's license number, the number of required hours of
2049	2049	18 continuing education or post-license education that have not
2050	2050	19 been successfully completed by the licensee's renewal
2051	2051	20 deadline, and the penalty imposed, which shall not exceed
2052	2052	21 $2,000. The issuance of any such citation shall not excuse the
2053	2053	22 licensee from completing all continuing education or
2054	2054	23 post-license education required for that term of licensure.
2055	2055	24 (b) Service of a citation shall be made by in person,
2056	2056	25 electronically, or by mail to the licensee at the licensee's
2057	2057
2058	2058
2059	2059
2060	2060
2061	2061
2062	2062	HB5551 - 57 - LRB103 37441 RTM 67563 b
2063	2063
2064	2064
2065	2065	HB5551- 58 -LRB103 37441 RTM 67563 b HB5551 - 58 - LRB103 37441 RTM 67563 b
2066	2066	HB5551 - 58 - LRB103 37441 RTM 67563 b
2067	2067	1 address of record or email address of record, and must clearly
2068	2068	2 state that if the cited licensee wishes to dispute the
2069	2069	3 citation, the cited licensee may make a written request,
2070	2070	4 within 30 days after the citation is served, for a hearing
2071	2071	5 before the Department. If the cited licensee does not request
2072	2072	6 a hearing within 30 days after the citation is served, then the
2073	2073	7 citation shall become a final, non-disciplinary order shall be
2074	2074	8 entered, and any fine imposed is due and payable within 30 60
2075	2075	9 days after the entry of that final order. If the cited licensee
2076	2076	10 requests a hearing within 30 days after the citation is
2077	2077	11 served, the Department shall afford the cited licensee a
2078	2078	12 hearing conducted in the same manner as a hearing provided for
2079	2079	13 in this Act for any violation of this Act and shall determine
2080	2080	14 whether the cited licensee committed the violation as charged
2081	2081	15 and whether the fine as levied is warranted. If the violation
2082	2082	16 is found, any fine shall constitute non-public discipline and
2083	2083	17 be due and payable within 30 days after the order of the
2084	2084	18 Secretary, which shall constitute a final order of the
2085	2085	19 Department. No change in license status may be made by the
2086	2086	20 Department until such time as a final order of the Department
2087	2087	21 has been issued.
2088	2088	22 (c) Payment of a fine that has been assessed pursuant to
2089	2089	23 this Section shall not constitute disciplinary action
2090	2090	24 reportable on the Department's website or elsewhere unless a
2091	2091	25 licensee has previously received 2 or more citations and has
2092	2092	26 been assessed 2 or more fines.
2093	2093
2094	2094
2095	2095
2096	2096
2097	2097
2098	2098	HB5551 - 58 - LRB103 37441 RTM 67563 b
2099	2099
2100	2100
2101	2101	HB5551- 59 -LRB103 37441 RTM 67563 b HB5551 - 59 - LRB103 37441 RTM 67563 b
2102	2102	HB5551 - 59 - LRB103 37441 RTM 67563 b
2103	2103	1 (d) Nothing in this Section shall prohibit or limit the
2104	2104	2 Department from taking further action pursuant to this Act and
2105	2105	3 rules for additional, repeated, or continuing violations.
2106	2106	4 (Source: P.A. 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.)
2107	2107	5 (225 ILCS 454/20-50)
2108	2108	6 (Section scheduled to be repealed on January 1, 2030)
2109	2109	7 Sec. 20-50. Illegal discrimination. When there has been
2110	2110	8 an adjudication in a civil or criminal proceeding that a
2111	2111	9 licensee has illegally discriminated while engaged in any
2112	2112	10 activity for which a license is required under this Act, the
2113	2113	11 Department, following notice to the licensee and a hearing in
2114	2114	12 accordance with the provisions of Section 20-60, and upon the
2115	2115	13 recommendation of the Board as to the nature and extent of the
2116	2116	14 suspension or revocation, shall, in accordance with the
2117	2117	15 provisions of Section 20-64, suspend or revoke the license of
2118	2118	16 that licensee in a timely manner, unless the adjudication is
2119	2119	17 in the appeal process. The finding or judgment of the civil or
2120	2120	18 criminal proceeding is a matter of record; the merits of which
2121	2121	19 shall not be challenged in a request for a hearing by the
2122	2122	20 licensee. When there has been an order in an administrative
2123	2123	21 proceeding finding that a licensee has illegally discriminated
2124	2124	22 while engaged in any activity for which a license is required
2125	2125	23 under this Act, the Department, following notice to the
2126	2126	24 licensee and a hearing in accordance with the provisions of
2127	2127	25 Section 20-60, and upon the recommendation of the Board as to
2128	2128
2129	2129
2130	2130
2131	2131
2132	2132
2133	2133	HB5551 - 59 - LRB103 37441 RTM 67563 b
2134	2134
2135	2135
2136	2136	HB5551- 60 -LRB103 37441 RTM 67563 b HB5551 - 60 - LRB103 37441 RTM 67563 b
2137	2137	HB5551 - 60 - LRB103 37441 RTM 67563 b
2138	2138	1 the nature and extent of the discipline, shall, in accordance
2139	2139	2 with the provisions of Section 20-64, take one or more of the
2140	2140	3 disciplinary actions provided for in Section 20-20 of this Act
2141	2141	4 in a timely manner, unless the administrative order is in the
2142	2142	5 appeal process. The finding of the administrative order is a
2143	2143	6 matter of record; the merits of which shall not be challenged
2144	2144	7 in a request for a hearing by the licensee.
2145	2145	8 (Source: P.A. 96-856, eff. 12-31-09.)
2146	2146	9 (225 ILCS 454/20-82)
2147	2147	10 (Section scheduled to be repealed on January 1, 2030)
2148	2148	11 Sec. 20-82. Fines and penalties; Real Estate License
2149	2149	12 Administration Recovery Fund; Real Estate Recovery Fund. All
2150	2150	13 fines and penalties collected under Section 20-20, Section
2151	2151	14 20-20.1, and otherwise under this Act by the Department shall
2152	2152	15 be deposited in the Real Estate License Administration
2153	2153	16 Recovery Fund and may be transferred to the Real Estate
2154	2154	17 Recovery Fund in accordance with the authority set forth in
2155	2155	18 Section 25-35 of this Act.
2156	2156	19 (Source: P.A. 96-856, eff. 12-31-09.)
2157	2157	20 (225 ILCS 454/25-25)
2158	2158	21 (Section scheduled to be repealed on January 1, 2030)
2159	2159	22 Sec. 25-25. Real Estate Research and Education Fund. A
2160	2160	23 special fund to be known as the Real Estate Research and
2161	2161	24 Education Fund is created and shall be held in trust in the
2162	2162
2163	2163
2164	2164
2165	2165
2166	2166
2167	2167	HB5551 - 60 - LRB103 37441 RTM 67563 b
2168	2168
2169	2169
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2171	2171	HB5551 - 61 - LRB103 37441 RTM 67563 b
2172	2172	1 State treasury. Annually, on September 15th, the State
2173	2173	2 Treasurer shall cause a transfer of $125,000 to the Real
2174	2174	3 Estate Research and Education Fund from the Real Estate
2175	2175	4 License Administration Fund. The Real Estate Research and
2176	2176	5 Education Fund shall be administered by the Department. Money
2177	2177	6 deposited in the Real Estate Research and Education Fund may
2178	2178	7 be used for research and for education at state institutions
2179	2179	8 of higher education or other organizations for research and
2180	2180	9 for education to further the advancement of education in the
2181	2181	10 real estate industry or can be used by the Department for
2182	2182	11 expenses related to the education of licensees. Of the
2183	2183	12 $125,000 annually transferred into the Real Estate Research
2184	2184	13 and Education Fund, $15,000 shall be used to fund a
2185	2185	14 scholarship program for persons of historically marginalized
2186	2186	15 classes and minority racial origin who wish to pursue a course
2187	2187	16 of study in the field of real estate. For the purposes of this
2188	2188	17 Section: ,
2189	2189	18 "Course course of study" means a course or courses that
2190	2190	19 are part of a program of courses in the field of real estate
2191	2191	20 designed to further an individual's knowledge or expertise in
2192	2192	21 the field of real estate. These courses shall include, without
2193	2193	22 limitation, courses that a broker licensed under this Act must
2194	2194	23 complete to qualify for a managing broker's license, courses
2195	2195	24 required to obtain the Graduate Realtors Institute
2196	2196	25 designation, and any other courses or programs offered by
2197	2197	26 accredited colleges, universities, or other institutions of
2198	2198
2199	2199
2200	2200
2201	2201
2202	2202
2203	2203	HB5551 - 61 - LRB103 37441 RTM 67563 b
2204	2204
2205	2205
2206	2206	HB5551- 62 -LRB103 37441 RTM 67563 b HB5551 - 62 - LRB103 37441 RTM 67563 b
2207	2207	HB5551 - 62 - LRB103 37441 RTM 67563 b
2208	2208	1 higher education in Illinois.
2209	2209	2 "Historically marginalized classes" means a person of a
2210	2210	3 race or national origin that is Native American or Alaska
2211	2211	4 Native, Asian, Black or African American, Hispanic or Latino,
2212	2212	5 or Native Hawaiian or Pacific Islander, or is a member of a
2213	2213	6 protected class under the Illinois Human Rights Act within the
2214	2214	7 context of affirmative action.
2215	2215	8 The scholarship program shall be administered by the
2216	2216	9 Department or its designee. Moneys in the Real Estate Research
2217	2217	10 and Education Fund may be invested and reinvested in the same
2218	2218	11 manner as funds in the Real Estate Recovery Fund and all
2219	2219	12 earnings, interest, and dividends received from such
2220	2220	13 investments shall be deposited in the Real Estate Research and
2221	2221	14 Education Fund and may be used for the same purposes as moneys
2222	2222	15 transferred to the Real Estate Research and Education Fund.
2223	2223	16 Moneys in the Real Estate Research and Education Fund may be
2224	2224	17 transferred to the Professions Indirect Cost Fund as
2225	2225	18 authorized under Section 2105-300 of the Department of
2226	2226	19 Professional Regulation Law of the Civil Administrative Code
2227	2227	20 of Illinois.
2228	2228	21 (Source: P.A. 103-236, eff. 1-1-24.)
2229	2229	22 (225 ILCS 454/25-30)
2230	2230	23 (Section scheduled to be repealed on January 1, 2030)
2231	2231	24 Sec. 25-30. Real Estate License Administration Fund;
2232	2232	25 audit. A special fund to be known as the Real Estate License
2233	2233
2234	2234
2235	2235
2236	2236
2237	2237
2238	2238	HB5551 - 62 - LRB103 37441 RTM 67563 b
2239	2239
2240	2240
2241	2241	HB5551- 63 -LRB103 37441 RTM 67563 b HB5551 - 63 - LRB103 37441 RTM 67563 b
2242	2242	HB5551 - 63 - LRB103 37441 RTM 67563 b
2243	2243	1 Administration Fund is created in the State Treasury. All
2244	2244	2 fines, penalties, and fees received by the Department under
2245	2245	3 this Act shall be deposited in the Real Estate License
2246	2246	4 Administration Fund. The moneys deposited in the Real Estate
2247	2247	5 License Administration Fund shall be appropriated to the
2248	2248	6 Department for expenses of the Department and the Board in the
2249	2249	7 administration of this Act, including, but not limited to, the
2250	2250	8 maintenance and operation of the Real Estate Recovery Fund,
2251	2251	9 and for the administration of any Act administered by the
2252	2252	10 Department providing revenue to this Fund. Moneys in the Real
2253	2253	11 Estate License Administration Fund may be invested and
2254	2254	12 reinvested in the same manner as funds in the Real Estate
2255	2255	13 Recovery Fund. All earnings received from such investment
2256	2256	14 shall be deposited in the Real Estate License Administration
2257	2257	15 Fund and may be used for the same purposes as fines, penalties,
2258	2258	16 and fees deposited in the Real Estate License Administration
2259	2259	17 Fund. Moneys in the Real Estate License Administration Fund
2260	2260	18 may be transferred to the Professions Indirect Cost Fund as
2261	2261	19 authorized under Section 2105-300 of the Department of
2262	2262	20 Professional Regulation Law of the Civil Administrative Code
2263	2263	21 of Illinois and to the Real Estate Recovery Fund as authorized
2264	2264	22 by Section 25-35 of this Act. Upon the completion of any audit
2265	2265	23 of the Department, as prescribed by the Illinois State
2266	2266	24 Auditing Act, which includes an audit of the Real Estate
2267	2267	25 License Administration Fund, the Department shall make the
2268	2268	26 audit open to inspection by any interested person.
2269	2269
2270	2270
2271	2271
2272	2272
2273	2273
2274	2274	HB5551 - 63 - LRB103 37441 RTM 67563 b
2275	2275
2276	2276
2277	2277	HB5551- 64 -LRB103 37441 RTM 67563 b HB5551 - 64 - LRB103 37441 RTM 67563 b
2278	2278	HB5551 - 64 - LRB103 37441 RTM 67563 b
2279	2279	1 (Source: P.A. 96-856, eff. 12-31-09.)
2280	2280	2 (225 ILCS 454/25-35)
2281	2281	3 (Section scheduled to be repealed on January 1, 2030)
2282	2282	4 Sec. 25-35. Real Estate Recovery Fund. A special fund to
2283	2283	5 be known as the Real Estate Recovery Fund is created in the
2284	2284	6 State Treasury. All fines and penalties received by the
2285	2285	7 Department pursuant to Article 20 of this Act shall be
2286	2286	8 deposited into the State Treasury and held in the Real Estate
2287	2287	9 Recovery Fund. The money in the Real Estate Recovery Fund
2288	2288	10 shall be used by the Department exclusively for carrying out
2289	2289	11 the purposes established by this Act. If, at any time, the
2290	2290	12 balance remaining in the Real Estate Recovery Fund is less
2291	2291	13 than $900,000 $750,000, the State Treasurer shall cause a
2292	2292	14 transfer of moneys to the Real Estate Recovery Fund from the
2293	2293	15 Real Estate License Administration Fund in an amount necessary
2294	2294	16 to establish a balance of $1,000,000 $800,000 in the Real
2295	2295	17 Estate Recovery Fund. If the balance in the Real Estate
2296	2296	18 Recovery Fund exceeds $1,000,000, any excess funds over
2297	2297	19 $1,000,000 shall be transferred to the Real Estate License
2298	2298	20 Administration Fund. These funds may be invested and
2299	2299	21 reinvested in the same manner as authorized for pension funds
2300	2300	22 in Article 1 of the Illinois Pension Code. All earnings,
2301	2301	23 interest, and dividends received from investment of funds in
2302	2302	24 the Real Estate Recovery Fund shall be deposited into the Real
2303	2303	25 Estate License Administration Fund and shall be used for the
2304	2304
2305	2305
2306	2306
2307	2307
2308	2308
2309	2309	HB5551 - 64 - LRB103 37441 RTM 67563 b
2310	2310
2311	2311
2312	2312	HB5551- 65 -LRB103 37441 RTM 67563 b HB5551 - 65 - LRB103 37441 RTM 67563 b
2313	2313	HB5551 - 65 - LRB103 37441 RTM 67563 b
2314	2314	1 same purposes as other moneys deposited in the Real Estate
2315	2315	2 License Administration Fund.
2316	2316	3 (Source: P.A. 96-856, eff. 12-31-09.)
2317	2317	4 (225 ILCS 454/30-5)
2318	2318	5 (Section scheduled to be repealed on January 1, 2030)
2319	2319	6 Sec. 30-5. Licensing of real estate education providers
2320	2320	7 and instructors.
2321	2321	8 (a) No person shall operate an education provider entity
2322	2322	9 without possessing a valid and active license issued by the
2323	2323	10 Department. Only education providers in possession of a valid
2324	2324	11 education provider license may provide real estate
2325	2325	12 pre-license, post-license, or continuing education courses
2326	2326	13 that satisfy the requirements of this Act. Every person that
2327	2327	14 desires to obtain an education provider license shall make
2328	2328	15 application to the Department in a manner prescribed by the
2329	2329	16 Department and pay the fee prescribed by rule. In addition to
2330	2330	17 any other information required to be contained in the
2331	2331	18 application as prescribed by rule, every application for an
2332	2332	19 original or renewed license shall include the applicant's
2333	2333	20 Social Security number or tax identification number.
2334	2334	21 (b) (Blank).
2335	2335	22 (c) (Blank).
2336	2336	23 (d) (Blank).
2337	2337	24 (e) (Blank).
2338	2338	25 (f) To qualify for an education provider license, an
2339	2339
2340	2340
2341	2341
2342	2342
2343	2343
2344	2344	HB5551 - 65 - LRB103 37441 RTM 67563 b
2345	2345
2346	2346
2347	2347	HB5551- 66 -LRB103 37441 RTM 67563 b HB5551 - 66 - LRB103 37441 RTM 67563 b
2348	2348	HB5551 - 66 - LRB103 37441 RTM 67563 b
2349	2349	1 applicant must demonstrate the following:
2350	2350	2 (1) a sound financial base for establishing,
2351	2351	3 promoting, and delivering the necessary courses; budget
2352	2352	4 planning for the school's courses should be clearly
2353	2353	5 projected;
2354	2354	6 (2) a sufficient number of qualified, licensed
2355	2355	7 instructors as provided by rule;
2356	2356	8 (3) adequate support personnel to assist with
2357	2357	9 administrative matters and technical assistance;
2358	2358	10 (4) maintenance and availability of records of
2359	2359	11 participation for licensees;
2360	2360	12 (5) the ability to provide each participant who
2361	2361	13 successfully completes an approved program with a
2362	2362	14 certificate of completion signed by the administrator of a
2363	2363	15 licensed education provider in a manner prescribed by the
2364	2364	16 Department; the certificate of completion shall include
2365	2365	17 the program that was completed, the completion date, the
2366	2366	18 course number, and the student's and education provider's
2367	2367	19 license numbers;
2368	2368	20 (6) a written policy dealing with procedures for the
2369	2369	21 management of grievances and fee refunds;
2370	2370	22 (7) lesson plans and examinations, if applicable, for
2371	2371	23 each course;
2372	2372	24 (8) a 75% passing grade for successful completion of
2373	2373	25 any continuing education course or pre-license or
2374	2374	26 post-license examination, if required;
2375	2375
2376	2376
2377	2377
2378	2378
2379	2379
2380	2380	HB5551 - 66 - LRB103 37441 RTM 67563 b
2381	2381
2382	2382
2383	2383	HB5551- 67 -LRB103 37441 RTM 67563 b HB5551 - 67 - LRB103 37441 RTM 67563 b
2384	2384	HB5551 - 67 - LRB103 37441 RTM 67563 b
2385	2385	1 (9) the ability to identify and use instructors who
2386	2386	2 will teach in a planned program; instructor selections
2387	2387	3 must demonstrate:
2388	2388	4 (A) appropriate credentials;
2389	2389	5 (B) competence as a teacher;
2390	2390	6 (C) knowledge of content area; and
2391	2391	7 (D) qualification by experience.
2392	2392	8 Unless otherwise provided for in this Section, the
2393	2393	9 education provider shall provide a proctor or an electronic
2394	2394	10 means of proctoring if a proctored examination is required for
2395	2395	11 each examination; the education provider shall be responsible
2396	2396	12 for the conduct of the proctor; the duties and
2397	2397	13 responsibilities of a proctor shall be established by rule.
2398	2398	14 Unless otherwise provided for in this Section, the
2399	2399	15 education provider shall must provide for closed book
2400	2400	16 examinations for each course when required unless the
2401	2401	17 Department, upon the recommendation of the Board, excuses this
2402	2402	18 requirement based on the complexity of the course material.
2403	2403	19 (g) Advertising and promotion of education activities must
2404	2404	20 be carried out in a responsible fashion clearly showing the
2405	2405	21 educational objectives of the activity, the nature of the
2406	2406	22 audience that may benefit from the activity, the cost of the
2407	2407	23 activity to the participant and the items covered by the cost,
2408	2408	24 the amount of credit that can be earned, and the credentials of
2409	2409	25 the faculty.
2410	2410	26 (h) (Blank). The Department may, or upon request of the
2411	2411
2412	2412
2413	2413
2414	2414
2415	2415
2416	2416	HB5551 - 67 - LRB103 37441 RTM 67563 b
2417	2417
2418	2418
2419	2419	HB5551- 68 -LRB103 37441 RTM 67563 b HB5551 - 68 - LRB103 37441 RTM 67563 b
2420	2420	HB5551 - 68 - LRB103 37441 RTM 67563 b
2421	2421	1 Board shall, after notice, cause an education provider to
2422	2422	2 attend an informal conference before the Board for failure to
2423	2423	3 comply with any requirement for licensure or for failure to
2424	2424	4 comply with any provision of this Act or the rules for the
2425	2425	5 administration of this Act. The Board shall make a
2426	2426	6 recommendation to the Department as a result of its findings
2427	2427	7 at the conclusion of any such informal conference.
2428	2428	8 (i) All education providers shall maintain these minimum
2429	2429	9 criteria and pay the required fee in order to retain their
2430	2430	10 education provider license.
2431	2431	11 (j) The Department may adopt any administrative rule
2432	2432	12 consistent with the language and intent of this Act that may be
2433	2433	13 necessary for the implementation and enforcement of this
2434	2434	14 Section and to regulate the establishment and operation of
2435	2435	15 virtual offices that do not have a fixed location.
2436	2436	16 (Source: P.A. 100-188, eff. 1-1-18; 100-831, eff. 1-1-19;
2437	2437	17 101-357, eff. 8-9-19.)
2438	2438	18 (225 ILCS 454/30-15)
2439	2439	19 (Section scheduled to be repealed on January 1, 2030)
2440	2440	20 Sec. 30-15. Licensing of education providers; approval of
2441	2441	21 courses.
2442	2442	22 (a) (Blank).
2443	2443	23 (b) (Blank).
2444	2444	24 (c) (Blank).
2445	2445	25 (d) (Blank).
2446	2446
2447	2447
2448	2448
2449	2449
2450	2450
2451	2451	HB5551 - 68 - LRB103 37441 RTM 67563 b
2452	2452
2453	2453
2454	2454	HB5551- 69 -LRB103 37441 RTM 67563 b HB5551 - 69 - LRB103 37441 RTM 67563 b
2455	2455	HB5551 - 69 - LRB103 37441 RTM 67563 b
2456	2456	1 (e) (Blank).
2457	2457	2 (f) All education providers shall submit, at the time of
2458	2458	3 initial application and with each license renewal, a list of
2459	2459	4 courses with course materials that comply with the course
2460	2460	5 requirements in this Act to be offered by the education
2461	2461	6 provider. The Department may establish an online mechanism by
2462	2462	7 which education providers may submit for approval by the
2463	2463	8 Department upon the recommendation of the Board or its
2464	2464	9 designee pre-license, post-license, or continuing education
2465	2465	10 courses that are submitted after the time of the education
2466	2466	11 provider's initial license application or renewal. The
2467	2467	12 Department shall provide to each education provider a
2468	2468	13 certificate for each approved pre-license, post-license, or
2469	2469	14 continuing education course. All pre-license, post-license, or
2470	2470	15 continuing education courses shall be valid for the period
2471	2471	16 coinciding with the term of license of the education provider.
2472	2472	17 However, in no case shall a course continue to be valid if it
2473	2473	18 does not, at all times, meet all of the requirements of the
2474	2474	19 core curriculum established by this Act and the Board, as
2475	2475	20 modified from time to time in accordance with this Act. All
2476	2476	21 education providers shall provide a copy of the certificate of
2477	2477	22 the pre-license, post-license, or continuing education course
2478	2478	23 within the course materials given to each student or shall
2479	2479	24 display a copy of the certificate of the pre-license,
2480	2480	25 post-license, or continuing education course in a conspicuous
2481	2481	26 place at the location of the class.
2482	2482
2483	2483
2484	2484
2485	2485
2486	2486
2487	2487	HB5551 - 69 - LRB103 37441 RTM 67563 b
2488	2488
2489	2489
2490	2490	HB5551- 70 -LRB103 37441 RTM 67563 b HB5551 - 70 - LRB103 37441 RTM 67563 b
2491	2491	HB5551 - 70 - LRB103 37441 RTM 67563 b
2492	2492	1 (g) Each education provider shall provide to the
2493	2493	2 Department a report in a frequency and format determined by
2494	2494	3 the Department, with information concerning students who
2495	2495	4 successfully completed all approved pre-license, post-license,
2496	2496	5 or continuing education courses offered by the education
2497	2497	6 provider.
2498	2498	7 (h) The Department, upon the recommendation of the Board,
2499	2499	8 may temporarily suspend a licensed education provider's
2500	2500	9 approved courses without hearing and refuse to accept
2501	2501	10 successful completion of or participation in any of these
2502	2502	11 pre-license, post-license, or continuing education courses for
2503	2503	12 education credit from that education provider upon the failure
2504	2504	13 of that education provider to comply with the provisions of
2505	2505	14 this Act or the rules for the administration of this Act, until
2506	2506	15 such time as the Department receives satisfactory assurance of
2507	2507	16 compliance. The Department shall notify the education provider
2508	2508	17 of the noncompliance and may initiate disciplinary proceedings
2509	2509	18 pursuant to this Act. The Department may refuse to issue,
2510	2510	19 suspend, revoke, or otherwise discipline the license of an
2511	2511	20 education provider or may withdraw approval of a pre-license,
2512	2512	21 post-license, or continuing education course for good cause.
2513	2513	22 Failure to comply with the requirements of this Section or any
2514	2514	23 other requirements established by rule shall be deemed to be
2515	2515	24 good cause. Disciplinary proceedings shall be conducted by the
2516	2516	25 Department Board in the same manner as other disciplinary
2517	2517	26 proceedings under this Act.
2518	2518
2519	2519
2520	2520
2521	2521
2522	2522
2523	2523	HB5551 - 70 - LRB103 37441 RTM 67563 b
2524	2524
2525	2525
2526	2526	HB5551- 71 -LRB103 37441 RTM 67563 b HB5551 - 71 - LRB103 37441 RTM 67563 b
2527	2527	HB5551 - 71 - LRB103 37441 RTM 67563 b
2528	2528	1 (i) Pre-license, post-license, and continuing education
2529	2529	2 courses, whether submitted for approval at the time of an
2530	2530	3 education provider's initial application for licensure or
2531	2531	4 otherwise, must meet the following minimum course
2532	2532	5 requirements:
2533	2533	6 (1) Continuing education courses shall be required to
2534	2534	7 be at least one hour in duration. For each one hour of
2535	2535	8 course time, there shall be a minimum of 50 minutes of
2536	2536	9 instruction.
2537	2537	10 (2) All core curriculum courses shall be provided only
2538	2538	11 in the classroom or through a live, interactive webinar,
2539	2539	12 or in an online distance education format.
2540	2540	13 (3) Courses provided through a live, interactive
2541	2541	14 webinar shall require all participants to demonstrate
2542	2542	15 their attendance in and attention to the course by
2543	2543	16 answering or responding to at least one polling question
2544	2544	17 per 50 minutes of course instruction.
2545	2545	18 (4) All participants in courses provided in an online
2546	2546	19 distance education format shall demonstrate proficiency
2547	2547	20 with the subject matter of the course through verifiable
2548	2548	21 responses to questions included in the course content.
2549	2549	22 (5) Credit for courses completed in a classroom or
2550	2550	23 through a live, interactive webinar, or in an online
2551	2551	24 distance education format shall not require an
2552	2552	25 examination.
2553	2553	26 (6) Credit for courses provided through
2554	2554
2555	2555
2556	2556
2557	2557
2558	2558
2559	2559	HB5551 - 71 - LRB103 37441 RTM 67563 b
2560	2560
2561	2561
2562	2562	HB5551- 72 -LRB103 37441 RTM 67563 b HB5551 - 72 - LRB103 37441 RTM 67563 b
2563	2563	HB5551 - 72 - LRB103 37441 RTM 67563 b
2564	2564	1 correspondence, or by home study, shall require the
2565	2565	2 passage of an in-person, proctored examination.
2566	2566	3 (j) The Department is authorized to engage a third party
2567	2567	4 as the Board's designee to perform the functions specifically
2568	2568	5 provided for in subsection (f) of this Section, namely that of
2569	2569	6 administering the online system for receipt, review, and
2570	2570	7 approval or denial of new courses.
2571	2571	8 (k) The Department may adopt any administrative rule
2572	2572	9 consistent with the language and intent of this Act that may be
2573	2573	10 necessary for the implementation and enforcement of this
2574	2574	11 Section.
2575	2575	12 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2576	2576	13 (225 ILCS 454/30-25)
2577	2577	14 (Section scheduled to be repealed on January 1, 2030)
2578	2578	15 Sec. 30-25. Licensing of education provider instructors.
2579	2579	16 (a) No person shall act as either a pre-license or
2580	2580	17 continuing education instructor without possessing a valid
2581	2581	18 pre-license or continuing education instructor license and
2582	2582	19 satisfying any other qualification criteria adopted by the
2583	2583	20 Department by rule.
2584	2584	21 (a-5) Each person with a valid pre-license instructor
2585	2585	22 license may teach pre-license, post-license, continuing
2586	2586	23 education core curriculum, continuing education elective
2587	2587	24 curriculum, or broker management education courses if they
2588	2588	25 meet specific criteria adopted by the Department by rule.
2589	2589
2590	2590
2591	2591
2592	2592
2593	2593
2594	2594	HB5551 - 72 - LRB103 37441 RTM 67563 b
2595	2595
2596	2596
2597	2597	HB5551- 73 -LRB103 37441 RTM 67563 b HB5551 - 73 - LRB103 37441 RTM 67563 b
2598	2598	HB5551 - 73 - LRB103 37441 RTM 67563 b
2599	2599	1 Those persons who have not met the criteria or who only possess
2600	2600	2 a valid continuing education instructor license shall only
2601	2601	3 teach continuing education elective curriculum courses. Any
2602	2602	4 person with a valid continuing education instructor license
2603	2603	5 who wishes to teach continuing education core curriculum or
2604	2604	6 broker management continuing education courses must obtain a
2605	2605	7 valid pre-license instructor license.
2606	2606	8 (b) Every person who desires to obtain an education
2607	2607	9 provider instructor's license shall attend and successfully
2608	2608	10 complete a one-day instructor development workshop, as
2609	2609	11 approved by the Department. However, pre-license instructors
2610	2610	12 who have complied with subsection (b) of this Section 30-25
2611	2611	13 shall not be required to complete the instructor workshop in
2612	2612	14 order to teach continuing education elective curriculum
2613	2613	15 courses.
2614	2614	16 (b-5) The term of licensure for a pre-license or
2615	2615	17 continuing education instructor shall be 2 years, with renewal
2616	2616	18 dates adopted by rule. Every person who desires to obtain a
2617	2617	19 pre-license or continuing education instructor license shall
2618	2618	20 make application to the Department in a manner prescribed by
2619	2619	21 the Department, accompanied by the fee adopted by rule. In
2620	2620	22 addition to any other information required to be contained in
2621	2621	23 the application, every application for an original license
2622	2622	24 shall include the applicant's Social Security number or
2623	2623	25 federal individual taxpayer identification number, which shall
2624	2624	26 be retained in the agency's records pertaining to the license.
2625	2625
2626	2626
2627	2627
2628	2628
2629	2629
2630	2630	HB5551 - 73 - LRB103 37441 RTM 67563 b
2631	2631
2632	2632
2633	2633	HB5551- 74 -LRB103 37441 RTM 67563 b HB5551 - 74 - LRB103 37441 RTM 67563 b
2634	2634	HB5551 - 74 - LRB103 37441 RTM 67563 b
2635	2635	1 As soon as practical, the Department shall assign a customer's
2636	2636	2 identification number to each applicant for a license.
2637	2637	3 Every application for a renewal or restored license shall
2638	2638	4 require the applicant's customer identification number.
2639	2639	5 The Department shall issue a pre-license or continuing
2640	2640	6 education instructor license to applicants who meet
2641	2641	7 qualification criteria established by this Act or rule.
2642	2642	8 (c) The Department may refuse to issue, suspend, revoke,
2643	2643	9 or otherwise discipline a pre-license or continuing education
2644	2644	10 instructor for good cause. Disciplinary proceedings shall be
2645	2645	11 conducted by the Department Board in the same manner as other
2646	2646	12 disciplinary proceedings under this Act. All pre-license
2647	2647	13 instructors must teach at least one pre-license or continuing
2648	2648	14 education core curriculum course within the period of
2649	2649	15 licensure as a requirement for renewal of the instructor's
2650	2650	16 license. All continuing education instructors must teach at
2651	2651	17 least one course within the period of licensure or take an
2652	2652	18 instructor training program approved by the Department in lieu
2653	2653	19 thereof as a requirement for renewal of the instructor's
2654	2654	20 license.
2655	2655	21 (d) Each course transcript submitted by an education
2656	2656	22 provider to the Department shall include the name and license
2657	2657	23 number of the pre-license or continuing education instructor
2658	2658	24 for the course.
2659	2659	25 (e) Licensed education provider instructors may teach for
2660	2660	26 more than one licensed education provider.
2661	2661
2662	2662
2663	2663
2664	2664
2665	2665
2666	2666	HB5551 - 74 - LRB103 37441 RTM 67563 b
2667	2667
2668	2668
2669	2669	HB5551- 75 -LRB103 37441 RTM 67563 b HB5551 - 75 - LRB103 37441 RTM 67563 b
2670	2670	HB5551 - 75 - LRB103 37441 RTM 67563 b
2671	2671	1 (f) The Department may adopt any administrative rule
2672	2672	2 consistent with the language and intent of this Act that may be
2673	2673	3 necessary for the implementation and enforcement of this
2674	2674	4 Section.
2675	2675	5 (Source: P.A. 101-357, eff. 8-9-19; 102-970, eff. 5-27-22.)
2676	2676	6 Section 99. Effective date. This Act takes effect January
2677	2677	7 1, 2025, except that this Section, Section 5, and the changes
2678	2678	8 to Sections 20-82, 25-30, and 25-35 of the Real Estate License
2679	2679	9 Act of 2000 take effect upon becoming law.
2680	2680	HB5551- 76 -LRB103 37441 RTM 67563 b 1 INDEX 2 Statutes amended in order of appearance 3 30 ILCS 105/5.1015 new4 225 ILCS 454/1-105 225 ILCS 454/5-206 225 ILCS 454/5-257 225 ILCS 454/5-288 225 ILCS 454/5-359 225 ILCS 454/5-4510 225 ILCS 454/5-6011 225 ILCS 454/5-60.1 new12 225 ILCS 454/5-60.5 new13 225 ILCS 454/5-7014 225 ILCS 454/10-1015 225 ILCS 454/10-2016 225 ILCS 454/15-3517 225 ILCS 454/15-5018 225 ILCS 454/20-2019 225 ILCS 454/20-20.120 225 ILCS 454/20-5021 225 ILCS 454/20-8222 225 ILCS 454/25-2523 225 ILCS 454/25-3024 225 ILCS 454/25-3525 225 ILCS 454/30-5 HB5551- 77 -LRB103 37441 RTM 67563 b HB5551- 76 -LRB103 37441 RTM 67563 b HB5551 - 76 - LRB103 37441 RTM 67563 b 1 INDEX 2 Statutes amended in order of appearance 3 30 ILCS 105/5.1015 new 4 225 ILCS 454/1-10 5 225 ILCS 454/5-20 6 225 ILCS 454/5-25 7 225 ILCS 454/5-28 8 225 ILCS 454/5-35 9 225 ILCS 454/5-45 10 225 ILCS 454/5-60 11 225 ILCS 454/5-60.1 new 12 225 ILCS 454/5-60.5 new 13 225 ILCS 454/5-70 14 225 ILCS 454/10-10 15 225 ILCS 454/10-20 16 225 ILCS 454/15-35 17 225 ILCS 454/15-50 18 225 ILCS 454/20-20 19 225 ILCS 454/20-20.1 20 225 ILCS 454/20-50 21 225 ILCS 454/20-82 22 225 ILCS 454/25-25 23 225 ILCS 454/25-30 24 225 ILCS 454/25-35 25 225 ILCS 454/30-5 HB5551- 77 -LRB103 37441 RTM 67563 b HB5551 - 77 - LRB103 37441 RTM 67563 b
2681	2681	HB5551- 76 -LRB103 37441 RTM 67563 b HB5551 - 76 - LRB103 37441 RTM 67563 b
2682	2682	HB5551 - 76 - LRB103 37441 RTM 67563 b
2683	2683	1 INDEX
2684	2684	2 Statutes amended in order of appearance
2685	2685	3 30 ILCS 105/5.1015 new
2686	2686	4 225 ILCS 454/1-10
2687	2687	5 225 ILCS 454/5-20
2688	2688	6 225 ILCS 454/5-25
2689	2689	7 225 ILCS 454/5-28
2690	2690	8 225 ILCS 454/5-35
2691	2691	9 225 ILCS 454/5-45
2692	2692	10 225 ILCS 454/5-60
2693	2693	11 225 ILCS 454/5-60.1 new
2694	2694	12 225 ILCS 454/5-60.5 new
2695	2695	13 225 ILCS 454/5-70
2696	2696	14 225 ILCS 454/10-10
2697	2697	15 225 ILCS 454/10-20
2698	2698	16 225 ILCS 454/15-35
2699	2699	17 225 ILCS 454/15-50
2700	2700	18 225 ILCS 454/20-20
2701	2701	19 225 ILCS 454/20-20.1
2702	2702	20 225 ILCS 454/20-50
2703	2703	21 225 ILCS 454/20-82
2704	2704	22 225 ILCS 454/25-25
2705	2705	23 225 ILCS 454/25-30
2706	2706	24 225 ILCS 454/25-35
2707	2707	25 225 ILCS 454/30-5
2708	2708	HB5551- 77 -LRB103 37441 RTM 67563 b HB5551 - 77 - LRB103 37441 RTM 67563 b
2709	2709	HB5551 - 77 - LRB103 37441 RTM 67563 b
2710	2710
2711	2711
2712	2712
2713	2713
2714	2714
2715	2715	HB5551 - 75 - LRB103 37441 RTM 67563 b
2716	2716
2717	2717
2718	2718
2719	2719	HB5551- 76 -LRB103 37441 RTM 67563 b HB5551 - 76 - LRB103 37441 RTM 67563 b
2720	2720	HB5551 - 76 - LRB103 37441 RTM 67563 b
2721	2721	1 INDEX
2722	2722	2 Statutes amended in order of appearance
2723	2723	3 30 ILCS 105/5.1015 new
2724	2724	4 225 ILCS 454/1-10
2725	2725	5 225 ILCS 454/5-20
2726	2726	6 225 ILCS 454/5-25
2727	2727	7 225 ILCS 454/5-28
2728	2728	8 225 ILCS 454/5-35
2729	2729	9 225 ILCS 454/5-45
2730	2730	10 225 ILCS 454/5-60
2731	2731	11 225 ILCS 454/5-60.1 new
2732	2732	12 225 ILCS 454/5-60.5 new
2733	2733	13 225 ILCS 454/5-70
2734	2734	14 225 ILCS 454/10-10
2735	2735	15 225 ILCS 454/10-20
2736	2736	16 225 ILCS 454/15-35
2737	2737	17 225 ILCS 454/15-50
2738	2738	18 225 ILCS 454/20-20
2739	2739	19 225 ILCS 454/20-20.1
2740	2740	20 225 ILCS 454/20-50
2741	2741	21 225 ILCS 454/20-82
2742	2742	22 225 ILCS 454/25-25
2743	2743	23 225 ILCS 454/25-30
2744	2744	24 225 ILCS 454/25-35
2745	2745	25 225 ILCS 454/30-5
2746	2746
2747	2747
2748	2748
2749	2749
2750	2750
2751	2751	HB5551 - 76 - LRB103 37441 RTM 67563 b
2752	2752
2753	2753
2754	2754	HB5551- 77 -LRB103 37441 RTM 67563 b HB5551 - 77 - LRB103 37441 RTM 67563 b
2755	2755	HB5551 - 77 - LRB103 37441 RTM 67563 b
2756	2756
2757	2757
2758	2758
2759	2759
2760	2760
2761	2761	HB5551 - 77 - LRB103 37441 RTM 67563 b