Bill Text: IL HB3528 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Real Estate License Act of 2000. Makes changes concerning continuing education under the Act, including hours, approval of courses, curriculum, and education providers. Adds provisions concerning education provider licenses. Removes provisions concerning continuing education schools. Makes changes in provisions concerning leasing agent licenses. Prohibits any leasing agent or leasing agent permit holder from engaging in activities that require a broker's or managing broker's license and from operating under a temporary leasing agent permit more than one time in that individual's lifetime. Makes changes to provisions concerning the Real Estate Administration and Disciplinary Board, including adding members so that it is composed of 15 (rather than 9) and requiring term limits. Repeals outdated provisions and provisions concerning confidentiality, offerings not meeting continuing education requirements, and the Real Estate Education Advisory Council and makes conforming changes throughout the Act. Makes other changes. Effective January 1, 2018.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0188 [HB3528 Detail]

Download: Illinois-2017-HB3528-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3528

Introduced , by Rep. Robert Rita

SYNOPSIS AS INTRODUCED:
See Index

Amends the Real Estate License Act of 2000. Makes changes concerning continuing education under the Act, including hours, approval of courses, curriculum, and education providers. Adds provisions concerning education provider licenses. Removes provisions concerning continuing education schools. Makes changes in provisions concerning leasing agent licenses. Prohibits any leasing agent or leasing agent permit holder from engaging in activities that require a broker's or managing broker's license and from operating under a temporary leasing agent permit more than one time in that individual's lifetime. Makes changes to provisions concerning the Real Estate Administration and Disciplinary Board, including adding members so that it is composed of 15 (rather than 9) and requiring term limits. Repeals outdated provisions and provisions concerning confidentiality, offerings not meeting continuing education requirements, and the Real Estate Education Advisory Council and makes conforming changes throughout the Act. Makes other changes. Effective January 1, 2018.
LRB100 11358 SMS 21742 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3528LRB100 11358 SMS 21742 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Real Estate License Act of 2000 is amended
5by changing Sections 1-10, 5-5, 5-10, 5-27, 5-28, 5-50, 5-70,
65-75, 5-80, 20-20, 20-23, 20-60, 20-68, 25-10, 30-5, 30-15,
730-20, and 30-25 and the heading of Article 30 as follows:
8 (225 ILCS 454/1-10)
9 (Section scheduled to be repealed on January 1, 2020)
10 Sec. 1-10. Definitions. In this Act, unless the context
11otherwise requires:
12 "Act" means the Real Estate License Act of 2000.
13 "Address of record" means the designated address recorded
14by the Department in the applicant's or licensee's application
15file or license file as maintained by the Department's
16licensure maintenance unit. It is the duty of the applicant or
17licensee to inform the Department of any change of address, and
18those changes must be made either through the Department's
19website or by contacting the Department.
20 "Advisory Council" means the Real Estate Education
21Advisory Council created under Section 30-10 of this Act.
22 "Agency" means a relationship in which a broker or
23licensee, whether directly or through an affiliated licensee,

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1represents a consumer by the consumer's consent, whether
2express or implied, in a real property transaction.
3 "Applicant" means any person, as defined in this Section,
4who applies to the Department for a valid license as a managing
5broker, broker, or leasing agent.
6 "Blind advertisement" means any real estate advertisement
7that does not include the sponsoring broker's business name and
8that is used by any licensee regarding the sale or lease of
9real estate, including his or her own, licensed activities, or
10the hiring of any licensee under this Act. The broker's
11business name in the case of a franchise shall include the
12franchise affiliation as well as the name of the individual
13firm.
14 "Board" means the Real Estate Administration and
15Disciplinary Board of the Department as created by Section
1625-10 of this Act.
17 "Branch office" means a sponsoring broker's office other
18than the sponsoring broker's principal office.
19 "Broker" means an individual, partnership, limited
20liability company, corporation, or registered limited
21liability partnership other than a leasing agent who, whether
22in person or through any media or technology, for another and
23for compensation, or with the intention or expectation of
24receiving compensation, either directly or indirectly:
25 (1) Sells, exchanges, purchases, rents, or leases real
26 estate.

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1 (2) Offers to sell, exchange, purchase, rent, or lease
2 real estate.
3 (3) Negotiates, offers, attempts, or agrees to
4 negotiate the sale, exchange, purchase, rental, or leasing
5 of real estate.
6 (4) Lists, offers, attempts, or agrees to list real
7 estate for sale, rent, lease, or exchange.
8 (5) Buys, sells, offers to buy or sell, or otherwise
9 deals in options on real estate or improvements thereon.
10 (6) Supervises the collection, offer, attempt, or
11 agreement to collect rent for the use of real estate.
12 (7) Advertises or represents himself or herself as
13 being engaged in the business of buying, selling,
14 exchanging, renting, or leasing real estate.
15 (8) Assists or directs in procuring or referring of
16 leads or prospects, intended to result in the sale,
17 exchange, lease, or rental of real estate.
18 (9) Assists or directs in the negotiation of any
19 transaction intended to result in the sale, exchange,
20 lease, or rental of real estate.
21 (10) Opens real estate to the public for marketing
22 purposes.
23 (11) Sells, rents, leases, or offers for sale or lease
24 real estate at auction.
25 (12) Prepares or provides a broker price opinion or
26 comparative market analysis as those terms are defined in

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1 this Act, pursuant to the provisions of Section 10-45 of
2 this Act.
3 "Brokerage agreement" means a written or oral agreement
4between a sponsoring broker and a consumer for licensed
5activities to be provided to a consumer in return for
6compensation or the right to receive compensation from another.
7Brokerage agreements may constitute either a bilateral or a
8unilateral agreement between the broker and the broker's client
9depending upon the content of the brokerage agreement. All
10exclusive brokerage agreements shall be in writing.
11 "Broker price opinion" means an estimate or analysis of the
12probable selling price of a particular interest in real estate,
13which may provide a varying level of detail about the
14property's condition, market, and neighborhood and information
15on comparable sales. The activities of a real estate broker or
16managing broker engaging in the ordinary course of business as
17a broker, as defined in this Section, shall not be considered a
18broker price opinion if no compensation is paid to the broker
19or managing broker, other than compensation based upon the sale
20or rental of real estate.
21 "Client" means a person who is being represented by a
22licensee.
23 "Comparative market analysis" is an analysis or opinion
24regarding pricing, marketing, or financial aspects relating to
25a specified interest or interests in real estate that may be
26based upon an analysis of comparative market data, the

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1expertise of the real estate broker or managing broker, and
2such other factors as the broker or managing broker may deem
3appropriate in developing or preparing such analysis or
4opinion. The activities of a real estate broker or managing
5broker engaging in the ordinary course of business as a broker,
6as defined in this Section, shall not be considered a
7comparative market analysis if no compensation is paid to the
8broker or managing broker, other than compensation based upon
9the sale or rental of real estate.
10 "Compensation" means the valuable consideration given by
11one person or entity to another person or entity in exchange
12for the performance of some activity or service. Compensation
13shall include the transfer of valuable consideration,
14including without limitation the following:
15 (1) commissions;
16 (2) referral fees;
17 (3) bonuses;
18 (4) prizes;
19 (5) merchandise;
20 (6) finder fees;
21 (7) performance of services;
22 (8) coupons or gift certificates;
23 (9) discounts;
24 (10) rebates;
25 (11) a chance to win a raffle, drawing, lottery, or
26 similar game of chance not prohibited by any other law or

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1 statute;
2 (12) retainer fee; or
3 (13) salary.
4 "Confidential information" means information obtained by a
5licensee from a client during the term of a brokerage agreement
6that (i) was made confidential by the written request or
7written instruction of the client, (ii) deals with the
8negotiating position of the client, or (iii) is information the
9disclosure of which could materially harm the negotiating
10position of the client, unless at any time:
11 (1) the client permits the disclosure of information
12 given by that client by word or conduct;
13 (2) the disclosure is required by law; or
14 (3) the information becomes public from a source other
15 than the licensee.
16 "Confidential information" shall not be considered to
17include material information about the physical condition of
18the property.
19 "Consumer" means a person or entity seeking or receiving
20licensed activities.
21 "Continuing education school" means any person licensed by
22the Department as a school for continuing education in
23accordance with Section 30-15 of this Act.
24 "Coordinator" means the Coordinator of Real Estate created
25in Section 25-15 of this Act.
26 "Credit hour" means 50 minutes of classroom instruction in

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1course work that meets the requirements set forth in rules
2adopted by the Department.
3 "Customer" means a consumer who is not being represented by
4the licensee but for whom the licensee is performing
5ministerial acts.
6 "Department" means the Department of Financial and
7Professional Regulation.
8 "Designated agency" means a contractual relationship
9between a sponsoring broker and a client under Section 15-50 of
10this Act in which one or more licensees associated with or
11employed by the broker are designated as agent of the client.
12 "Designated agent" means a sponsored licensee named by a
13sponsoring broker as the legal agent of a client, as provided
14for in Section 15-50 of this Act.
15 "Dual agency" means an agency relationship in which a
16licensee is representing both buyer and seller or both landlord
17and tenant in the same transaction. When the agency
18relationship is a designated agency, the question of whether
19there is a dual agency shall be determined by the agency
20relationships of the designated agent of the parties and not of
21the sponsoring broker.
22 "Education provider" means a school licensed by the
23Department offering courses in pre-license, post-license, and
24continuing education required by this Act.
25 "Employee" or other derivative of the word "employee", when
26used to refer to, describe, or delineate the relationship

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1between a sponsoring broker and a managing broker, broker, or a
2leasing agent, shall be construed to include an independent
3contractor relationship, provided that a written agreement
4exists that clearly establishes and states the relationship.
5All responsibilities of a broker shall remain.
6 "Escrow moneys" means all moneys, promissory notes or any
7other type or manner of legal tender or financial consideration
8deposited with any person for the benefit of the parties to the
9transaction. A transaction exists once an agreement has been
10reached and an accepted real estate contract signed or lease
11agreed to by the parties. Escrow moneys includes without
12limitation earnest moneys and security deposits, except those
13security deposits in which the person holding the security
14deposit is also the sole owner of the property being leased and
15for which the security deposit is being held.
16 "Electronic means of proctoring" means a methodology
17providing assurance that the person taking a test and
18completing the answers to questions is the person seeking
19licensure or credit for continuing education and is doing so
20without the aid of a third party or other device.
21 "Exclusive brokerage agreement" means a written brokerage
22agreement that provides that the sponsoring broker has the sole
23right, through one or more sponsored licensees, to act as the
24exclusive designated agent or representative of the client and
25that meets the requirements of Section 15-75 of this Act.
26 "Inoperative" means a status of licensure where the

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1licensee holds a current license under this Act, but the
2licensee is prohibited from engaging in licensed activities
3because the licensee is unsponsored or the license of the
4sponsoring broker with whom the licensee is associated or by
5whom he or she is employed is currently expired, revoked,
6suspended, or otherwise rendered invalid under this Act.
7 "Interactive delivery method" means delivery of a course by
8an instructor through a medium allowing for 2-way communication
9between the instructor and a student in which either can
10initiate or respond to questions.
11 "Leads" means the name or names of a potential buyer,
12seller, lessor, lessee, or client of a licensee.
13 "Leasing Agent" means a person who is employed by a broker
14to engage in licensed activities limited to leasing residential
15real estate who has obtained a license as provided for in
16Section 5-5 of this Act.
17 "License" means the document issued by the Department
18certifying that the person named thereon has fulfilled all
19requirements prerequisite to licensure under this Act.
20 "Licensed activities" means those activities listed in the
21definition of "broker" under this Section.
22 "Licensee" means any person, as defined in this Section,
23who holds a valid unexpired license as a managing broker,
24broker, or leasing agent.
25 "Listing presentation" means a communication between a
26managing broker or broker and a consumer in which the licensee

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1is attempting to secure a brokerage agreement with the consumer
2to market the consumer's real estate for sale or lease.
3 "Managing broker" means a broker who has supervisory
4responsibilities for licensees in one or, in the case of a
5multi-office company, more than one office and who has been
6appointed as such by the sponsoring broker.
7 "Medium of advertising" means any method of communication
8intended to influence the general public to use or purchase a
9particular good or service or real estate.
10 "Ministerial acts" means those acts that a licensee may
11perform for a consumer that are informative or clerical in
12nature and do not rise to the level of active representation on
13behalf of a consumer. Examples of these acts include without
14limitation (i) responding to phone inquiries by consumers as to
15the availability and pricing of brokerage services, (ii)
16responding to phone inquiries from a consumer concerning the
17price or location of property, (iii) attending an open house
18and responding to questions about the property from a consumer,
19(iv) setting an appointment to view property, (v) responding to
20questions of consumers walking into a licensee's office
21concerning brokerage services offered or particular
22properties, (vi) accompanying an appraiser, inspector,
23contractor, or similar third party on a visit to a property,
24(vii) describing a property or the property's condition in
25response to a consumer's inquiry, (viii) completing business or
26factual information for a consumer on an offer or contract to

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1purchase on behalf of a client, (ix) showing a client through a
2property being sold by an owner on his or her own behalf, or
3(x) referral to another broker or service provider.
4 "Office" means a broker's place of business where the
5general public is invited to transact business and where
6records may be maintained and licenses displayed, whether or
7not it is the broker's principal place of business.
8 "Person" means and includes individuals, entities,
9corporations, limited liability companies, registered limited
10liability partnerships, and partnerships, foreign or domestic,
11except that when the context otherwise requires, the term may
12refer to a single individual or other described entity.
13 "Personal assistant" means a licensed or unlicensed person
14who has been hired for the purpose of aiding or assisting a
15sponsored licensee in the performance of the sponsored
16licensee's job.
17 "Pocket card" means the card issued by the Department to
18signify that the person named on the card is currently licensed
19under this Act.
20 "Pre-license school" means a school licensed by the
21Department offering courses in subjects related to real estate
22transactions, including the subjects upon which an applicant is
23examined in determining fitness to receive a license.
24 "Pre-renewal period" means the period between the date of
25issue of a currently valid license and the license's expiration
26date.

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1 "Proctor" means any person, including, but not limited to,
2an instructor, who has a written agreement to administer
3examinations fairly and impartially with a licensed
4pre-license school or a licensed continuing education provider
5school.
6 "Real estate" means and includes leaseholds as well as any
7other interest or estate in land, whether corporeal,
8incorporeal, freehold, or non-freehold, including timeshare
9interests, and whether the real estate is situated in this
10State or elsewhere.
11 "Regular employee" means a person working an average of 20
12hours per week for a person or entity who would be considered
13as an employee under the Internal Revenue Service eleven main
14tests in three categories being behavioral control, financial
15control and the type of relationship of the parties, formerly
16the twenty factor test.
17 "Secretary" means the Secretary of the Department of
18Financial and Professional Regulation, or a person authorized
19by the Secretary to act in the Secretary's stead.
20 "Sponsoring broker" means the broker who has issued a
21sponsor card to a licensed managing broker, broker, or a
22leasing agent.
23 "Sponsor card" means the temporary permit issued by the
24sponsoring broker certifying that the managing broker, broker,
25or leasing agent named thereon is employed by or associated by
26written agreement with the sponsoring broker, as provided for

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1in Section 5-40 of this Act.
2(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15;
399-227, eff. 8-3-15.)
4 (225 ILCS 454/5-5)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 5-5. Leasing agent license.
7 (a) The purpose of this Section is to provide for a limited
8scope license to enable persons who wish to engage in
9activities limited to the leasing of residential real property
10for which a license is required under this Act, and only those
11activities, to do so by obtaining the license provided for
12under this Section.
13 (b) Notwithstanding the other provisions of this Act, there
14is hereby created a leasing agent license that shall enable the
15licensee to engage only in residential leasing activities for
16which a license is required under this Act. Such activities
17include without limitation leasing or renting residential real
18property, or attempting, offering, or negotiating to lease or
19rent residential real property, or supervising the collection,
20offer, attempt, or agreement to collect rent for the use of
21residential real property. Nothing in this Section shall be
22construed to require a licensed managing broker or broker to
23obtain a leasing agent license in order to perform leasing
24activities for which a license is required under this Act.
25Licensed leasing agents, including those operating under

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1subsection (d), shall not be allowed to engage in any activity
2that requires a broker's or managing broker's license,
3including, but not limited to, selling, offering, negotiating
4for sale, listing or showing for sale, or referring for sale or
5commercial lease real estate. Licensed leasing agents must be
6sponsored and employed by a sponsoring broker.
7 (c) The Department, by rule and in accordance with this
8Act, shall provide for the licensing of leasing agents,
9including the issuance, renewal, and administration of
10licenses.
11 (d) Notwithstanding any other provisions of this Act to the
12contrary, a person may engage in residential leasing activities
13for which a license is required under this Act, for a period of
1490 120 consecutive days without being licensed, so long as the
15person is acting under the supervision of a sponsoring broker,
16and the sponsoring broker has notified the Department that the
17person is pursuing licensure under this Section, and the person
18has enrolled in the leasing agent pre-license education course
19no later than 60 days after beginning to engage in residential
20leasing activities. During the 90-day 120 day period all
21requirements of Sections 5-10 and 5-65 of this Act with respect
22to education, successful completion of an examination, and the
23payment of all required fees must be satisfied. No individual
24shall be allowed to operate under the terms of this Section
25more than a single time in that individual's lifetime. The
26Department may adopt rules to ensure that the provisions of

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1this subsection are not used in a manner that enables an
2unlicensed person to repeatedly or continually engage in
3activities for which a license is required under this Act.
4(Source: P.A. 99-227, eff. 8-3-15.)
5 (225 ILCS 454/5-10)
6 (Section scheduled to be repealed on January 1, 2020)
7 Sec. 5-10. Requirements for license as leasing agent;
8continuing education.
9 (a) Every applicant for licensure as a leasing agent must
10meet the following qualifications:
11 (1) be at least 18 years of age;
12 (2) be of good moral character;
13 (3) successfully complete a 4-year course of study in a
14 high school or secondary school or an equivalent course of
15 study approved by the Illinois State Board of Education;
16 (4) personally take and pass a written examination
17 authorized by the Department sufficient to demonstrate the
18 applicant's knowledge of the provisions of this Act
19 relating to leasing agents and the applicant's competence
20 to engage in the activities of a licensed leasing agent;
21 (5) provide satisfactory evidence of having completed
22 20 15 hours of instruction in an approved course of study
23 relating to the leasing of residential real property. The
24 Board shall determine the number of hours each topic of
25 study shall require. The course of study shall cover, among

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1 other topics, cover the provisions of this Act applicable
2 to leasing agents; fair housing issues relating to
3 residential leasing; advertising and marketing issues;
4 leases, applications, and credit reports; owner-tenant
5 relationships and owner-tenant laws; the handling of
6 funds; and environmental issues relating to residential
7 real property;
8 (6) complete any other requirements as set forth by
9 rule; and
10 (7) present a valid application for issuance of an
11 initial license accompanied by a sponsor card and the fees
12 specified by rule.
13 (b) No applicant shall engage in any of the activities
14covered by this Act until a valid sponsor card has been issued
15to such applicant. The sponsor card shall be valid for a
16maximum period of 45 days after the date of issuance unless
17extended for good cause as provided by rule.
18 (c) Successfully completed course work, completed pursuant
19to the requirements of this Section, may be applied to the
20course work requirements to obtain a managing broker's or
21broker's license as provided by rule. The Board Advisory
22Council may recommend through the Board to the Department and
23the Department may adopt requirements for approved courses,
24course content, and the approval of courses, instructors, and
25education providers schools, as well as education provider
26school and instructor fees. The Department may establish

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1continuing education requirements for licensed leasing agents,
2by rule, with the advice of the Advisory Council and Board.
3 (d) The continuing education requirement for leasing
4agents shall consist of a single core curriculum to be
5established by the Board. Leasing agents shall be required to
6complete no less than 6 hours of continuing education for each
72-year renewal period. Continuing education courses shall be 2
8hours in duration.
9(Source: P.A. 99-227, eff. 8-3-15.)
10 (225 ILCS 454/5-27)
11 (Section scheduled to be repealed on January 1, 2020)
12 Sec. 5-27. Requirements for licensure as a broker.
13 (a) Every applicant for licensure as a broker must meet the
14following qualifications:
15 (1) Be at least 21 years of age. After April 30, 2011,
16 the minimum age of 21 years shall be waived for any person
17 seeking a license as a broker who has attained the age of
18 18 and can provide evidence of the successful completion of
19 at least 4 semesters of post-secondary school study as a
20 full-time student or the equivalent, with major emphasis on
21 real estate courses, in a school approved by the
22 Department;
23 (2) Be of good moral character;
24 (3) Successfully complete a 4-year course of study in a
25 high school or secondary school approved by the Illinois

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1 State Board of Education or an equivalent course of study
2 as determined by an examination conducted by the Illinois
3 State Board of Education which shall be verified under oath
4 by the applicant;
5 (4) (Blank);
6 (5) After April 30, 2011, provide satisfactory
7 evidence of having completed 90 hours of instruction in
8 real estate courses approved by the Board Advisory Council,
9 15 hours of which must consist of situational and case
10 studies presented in the classroom or by live, other
11 interactive webinar or online distance education courses
12 delivery method between the instructor and the students;
13 (6) Personally take and pass a written examination
14 authorized by the Department;
15 (7) Present a valid application for issuance of a
16 license accompanied by a sponsor card and the fees
17 specified by rule.
18 (b) The requirements specified in items (3) and (5) of
19subsection (a) of this Section do not apply to applicants who
20are currently admitted to practice law by the Supreme Court of
21Illinois and are currently in active standing.
22 (c) No applicant shall engage in any of the activities
23covered by this Act until a valid sponsor card has been issued
24to such applicant. The sponsor card shall be valid for a
25maximum period of 45 days after the date of issuance unless
26extended for good cause as provided by rule.

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1 (d) All licenses should be readily available to the public
2at their place of business.
3 (e) An individual holding an active license as a managing
4broker may return the license to the Department along with a
5form provided by the Department and shall be issued a broker's
6license in exchange. Any individual obtaining a broker's
7license under this subsection (e) shall be considered as having
8obtained a broker's license by education and passing the
9required test and shall be treated as such in determining
10compliance with this Act.
11(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15;
1299-227, eff. 8-3-15.)
13 (225 ILCS 454/5-28)
14 (Section scheduled to be repealed on January 1, 2020)
15 Sec. 5-28. Requirements for licensure as a managing broker.
16 (a) Effective May 1, 2012, every applicant for licensure as
17a managing broker must meet the following qualifications:
18 (1) be at least 21 years of age;
19 (2) be of good moral character;
20 (3) have been licensed at least 2 out of the preceding
21 3 years as a broker;
22 (4) successfully complete a 4-year course of study in
23 high school or secondary school approved by the Illinois
24 State Board of Education or an equivalent course of study
25 as determined by an examination conducted by the Illinois

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1 State Board of Education, which shall be verified under
2 oath by the applicant;
3 (5) provide satisfactory evidence of having completed
4 at least 165 hours, 120 of which shall be those hours
5 required pre and post-licensure to obtain a broker's
6 license, and 45 additional hours completed within the year
7 immediately preceding the filing of an application for a
8 managing broker's license, which hours shall focus on
9 brokerage administration and management and leasing agent
10 management and include at least 15 hours in the classroom
11 or by live, other interactive webinar or online distance
12 education courses delivery method between the instructor
13 and the students;
14 (6) personally take and pass a written examination
15 authorized by the Department; and
16 (7) present a valid application for issuance of a
17 license accompanied by a sponsor card, an appointment as a
18 managing broker, and the fees specified by rule.
19 (b) The requirements specified in item (5) of subsection
20(a) of this Section do not apply to applicants who are
21currently admitted to practice law by the Supreme Court of
22Illinois and are currently in active standing.
23 (c) No applicant shall act as a managing broker for more
24than 90 days after an appointment as a managing broker has been
25filed with the Department without obtaining a managing broker's
26license.

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1(Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15.)
2 (225 ILCS 454/5-50)
3 (Section scheduled to be repealed on January 1, 2020)
4 Sec. 5-50. Expiration and renewal of managing broker,
5broker, or leasing agent license; sponsoring broker; register
6of licensees; pocket card.
7 (a) The expiration date and renewal period for each license
8issued under this Act shall be set by rule. Except as otherwise
9provided in this Section, the holder of a license may renew the
10license within 90 days preceding the expiration date thereof by
11completing the continuing education required by this Act and
12paying the fees specified by rule.
13 (b) An individual whose first license is that of a broker
14received on or after the effective date of this amendatory Act
15of the 100th General Assembly April 30, 2011, must provide
16evidence of having completed 30 hours of post-license education
17in courses approved by the Board Advisory Council, 15 hours of
18which must consist of situational and case studies presented in
19a the classroom or a live interactive webinar, online distance
20education course, or home study course. Credit for courses
21taken through an online distance education course or a home
22study course shall require passage of or by other interactive
23delivery method between the instructor and the students, and
24personally take and pass an examination approved by the
25Department prior to the first renewal of their broker's

HB3528- 22 -LRB100 11358 SMS 21742 b
1license.
2 (c) Any managing broker, broker, or leasing agent whose
3license under this Act has expired shall be eligible to renew
4the license during the 2-year period following the expiration
5date, provided the managing broker, broker, or leasing agent
6pays the fees as prescribed by rule and completes continuing
7education and other requirements provided for by the Act or by
8rule. Beginning on May 1, 2012, a managing broker licensee,
9broker, or leasing agent whose license has been expired for
10more than 2 years but less than 5 years may have it restored by
11(i) applying to the Department, (ii) paying the required fee,
12(iii) completing the continuing education requirements for the
13most recent pre-renewal period that ended prior to the date of
14the application for reinstatement, and (iv) filing acceptable
15proof of fitness to have his or her license restored, as set by
16rule. A managing broker, broker, or leasing agent whose license
17has been expired for more than 5 years shall be required to
18meet the requirements for a new license.
19 (d) Notwithstanding any other provisions of this Act to the
20contrary, any managing broker, broker, or leasing agent whose
21license expired while he or she was (i) on active duty with the
22Armed Forces of the United States or called into service or
23training by the state militia, (ii) engaged in training or
24education under the supervision of the United States
25preliminary to induction into military service, or (iii)
26serving as the Coordinator of Real Estate in the State of

HB3528- 23 -LRB100 11358 SMS 21742 b
1Illinois or as an employee of the Department may have his or
2her license renewed, reinstated or restored without paying any
3lapsed renewal fees if within 2 years after the termination of
4the service, training or education by furnishing the Department
5with satisfactory evidence of service, training, or education
6and it has been terminated under honorable conditions.
7 (e) The Department shall establish and maintain a register
8of all persons currently licensed by the State and shall issue
9and prescribe a form of pocket card. Upon payment by a licensee
10of the appropriate fee as prescribed by rule for engagement in
11the activity for which the licensee is qualified and holds a
12license for the current period, the Department shall issue a
13pocket card to the licensee. The pocket card shall be
14verification that the required fee for the current period has
15been paid and shall indicate that the person named thereon is
16licensed for the current renewal period as a managing broker,
17broker, or leasing agent as the case may be. The pocket card
18shall further indicate that the person named thereon is
19authorized by the Department to engage in the licensed activity
20appropriate for his or her status (managing broker, broker, or
21leasing agent). Each licensee shall carry on his or her person
22his or her pocket card or, if such pocket card has not yet been
23issued, a properly issued sponsor card when engaging in any
24licensed activity and shall display the same on demand.
25 (f) The Department shall provide to the sponsoring broker a
26notice of renewal for all sponsored licensees by mailing the

HB3528- 24 -LRB100 11358 SMS 21742 b
1notice to the sponsoring broker's address of record, or, at the
2Department's discretion, by an electronic means as provided for
3by rule.
4 (g) Upon request from the sponsoring broker, the Department
5shall make available to the sponsoring broker, either by mail
6or by an electronic means at the discretion of the Department,
7a listing of licensees under this Act who, according to the
8records of the Department, are sponsored by that broker. Every
9licensee associated with or employed by a broker whose license
10is revoked, suspended, terminated, or expired shall be
11considered as inoperative until such time as the sponsoring
12broker's license is reinstated or renewed, or the licensee
13changes employment as set forth in subsection (c) of Section
145-40 of this Act.
15(Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15.)
16 (225 ILCS 454/5-70)
17 (Section scheduled to be repealed on January 1, 2020)
18 Sec. 5-70. Continuing education requirement; managing
19broker or broker.
20 (a) The requirements of this Section apply to all managing
21brokers and brokers.
22 (b) Except as otherwise provided in this Section, each
23person who applies for renewal of his or her license as a
24managing broker or broker must successfully complete 6 hours of
25real estate continuing education courses approved by the Board

HB3528- 25 -LRB100 11358 SMS 21742 b
1Advisory Council for each year of the pre-renewal period. In
2addition, beginning with the pre-renewal period for managing
3broker licensees that begins after the effective date of this
4Act, those licensees renewing or obtaining a managing broker's
5license must successfully complete a 12-hour broker management
6continuing education course approved by the Department each
7pre-renewal period. The broker management continuing education
8course must be completed in the classroom or by other
9interactive delivery method between the instructor and the
10students. Successful completion of the course shall include
11achieving a passing score as provided by rule on a test
12developed and administered in accordance with rules adopted by
13the Department. No license may be renewed except upon the
14successful completion of the required courses or their
15equivalent or upon a waiver of those requirements for good
16cause shown as determined by the Secretary with the
17recommendation of the Board Advisory Council. The requirements
18of this Article are applicable to all managing brokers and
19brokers except those managing brokers and brokers who, during
20the pre-renewal period:
21 (1) serve in the armed services of the United States;
22 (2) serve as an elected State or federal official;
23 (3) serve as a full-time employee of the Department; or
24 (4) are admitted to practice law pursuant to Illinois
25 Supreme Court rule.
26 (c) (Blank).

HB3528- 26 -LRB100 11358 SMS 21742 b
1 (d) A person receiving an initial license during the 90
2days before the renewal date shall not be required to complete
3the continuing education courses provided for in subsection (b)
4of this Section as a condition of initial license renewal.
5 (e) The continuing education requirement for brokers and
6managing brokers shall consist of a single core curriculum and
7an elective curriculum, to be established by the Board in
8accordance with this subsection. The core curriculum shall not
9be further divided into subcategories or divisions of
10instruction. The core curriculum shall consist of 4 hours per
112-year Advisory Council. In meeting the continuing education
12requirements of this Act, at least 3 hours per year or their
13equivalent, 6 hours for each two-year pre-renewal period on the
14subjects of advertising, agency, disclosures, escrow, fair
15housing, leasing agent management, and license law. The amount
16of time allotted to each of the foregoing subjects shall be
17determined by the Board , shall be required to be completed in
18the core curriculum. The core curriculum shall be reviewed and,
19if necessary, revised every 4 years by the Board. However, the
20core curriculum's total hourly requirement shall only be
21subject to change by amendment of this subsection and any
22change to the core curriculum shall not be effective for a
23period of 6 months after such change is made by the Board. The
24Board shall provide notice to all approved education providers
25of any changes to the core curriculum. When determining whether
26revisions of the core curriculum's subjects or specific time

HB3528- 27 -LRB100 11358 SMS 21742 b
1requirements are necessary In establishing the core
2curriculum, the Board Advisory Council shall consider subjects
3that will educate licensees on recent changes in applicable
4laws, and new laws, and refresh the licensee on areas of the
5license law and the Department policy that the Board Advisory
6Council deems appropriate, and any other subject areas the
7Board that the Advisory Council deems timely and applicable in
8order to prevent violations of this Act and to protect the
9public. In establishing the elective curriculum, the Board
10Advisory Council shall consider subjects that cover the various
11aspects of the practice of real estate that are covered under
12the scope of this Act. However, the elective curriculum shall
13not include any offerings referred to in Section 5-85 of this
14Act.
15 (f) The subject areas of continuing education courses
16approved by the Board shall be meant to protect the
17professionalism of the industry and the public and prevent
18violations of this Act and Advisory Council may include without
19limitation the following:
20 (1) license law and escrow;
21 (2) antitrust;
22 (3) fair housing;
23 (4) agency;
24 (5) appraisal;
25 (6) property management;
26 (7) residential brokerage;

HB3528- 28 -LRB100 11358 SMS 21742 b
1 (8) farm property management;
2 (9) rights and duties of sellers, buyers, and brokers;
3 (10) commercial brokerage and leasing; and
4 (11) real estate financing; .
5 (12) disclosures;
6 (13) leasing agent management; and
7 (14) advertising.
8 (g) In lieu of credit for those courses listed in
9subsection (f) of this Section, credit may be earned for
10serving as a licensed instructor in an approved course of
11continuing education. The amount of credit earned for teaching
12a course shall be the amount of continuing education credit for
13which the course is approved for licensees taking the course.
14 (h) Credit hours may be earned for self-study programs
15approved by the Board Advisory Council.
16 (i) A managing broker or broker may earn credit for a
17specific continuing education course only once during the
18prerenewal period.
19 (j) No more than 6 hours of continuing education credit may
20be taken in one calendar day.
21 (k) To promote the offering of a uniform and consistent
22course content, the Board Department may provide for the
23development of a single broker management course to be offered
24by all continuing education providers who choose to offer the
25broker management continuing education course. The Board
26Department may contract for the development of the 12-hour

HB3528- 29 -LRB100 11358 SMS 21742 b
1broker management continuing education course with an outside
2vendor or consultant and, if the course is developed in this
3manner, the Board Department or the outside consultant shall
4license the use of that course to all approved continuing
5education providers who wish to provide the course.
6 (l) Except as specifically provided in this Act, continuing
7education credit hours may not be earned for completion of pre
8or post-license courses. The approved 30-hour post-license
9course for broker licensees shall satisfy the continuing
10education requirement for the pre-renewal period in which the
11course is taken. The approved 45-hour brokerage administration
12and management course shall satisfy the 12-hour broker
13management continuing education requirement for the
14pre-renewal period in which the course is taken.
15(Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15;
1699-728, eff. 1-1-17.)
17 (225 ILCS 454/5-75)
18 (Section scheduled to be repealed on January 1, 2020)
19 Sec. 5-75. Out-of-state continuing education credit. If a
20renewal applicant has earned continuing education hours in
21another state or territory for which he or she is claiming
22credit toward full compliance in Illinois, the Board Advisory
23Council shall review, approve, or disapprove those hours based
24upon whether the course is one that would be approved under
25Section 5-70 of this Act, whether the course meets the basic

HB3528- 30 -LRB100 11358 SMS 21742 b
1requirements for continuing education under this Act, and any
2other criteria that is provided by statute or rule.
3(Source: P.A. 91-245, eff. 12-31-99.)
4 (225 ILCS 454/5-80)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 5-80. Evidence of compliance with continuing
7education requirements.
8 (a) Each renewal applicant shall certify, on his or her
9renewal application, full compliance with continuing education
10requirements set forth in Section 5-70. The continuing
11education provider school shall retain and submit to the
12Department after the completion of each course evidence of
13those successfully completing the course as provided by rule.
14 (b) The Department may require additional evidence
15demonstrating compliance with the continuing education
16requirements. The renewal applicant shall retain and produce
17the evidence of compliance upon request of the Department.
18(Source: P.A. 96-856, eff. 12-31-09.)
19 (225 ILCS 454/20-20)
20 (Section scheduled to be repealed on January 1, 2020)
21 Sec. 20-20. Grounds for discipline.
22 (a) The Department may refuse to issue or renew a license,
23may place on probation, suspend, or revoke any license,
24reprimand, or take any other disciplinary or non-disciplinary

HB3528- 31 -LRB100 11358 SMS 21742 b
1action as the Department may deem proper and impose a fine not
2to exceed $25,000 upon any licensee or applicant under this Act
3or any person who holds himself or herself out as an applicant
4or licensee or against a licensee in handling his or her own
5property, whether held by deed, option, or otherwise, for any
6one or any combination of the following causes:
7 (1) Fraud or misrepresentation in applying for, or
8 procuring, a license under this Act or in connection with
9 applying for renewal of a license under this Act.
10 (2) The conviction of or plea of guilty or plea of nolo
11 contendere to a felony or misdemeanor in this State or any
12 other jurisdiction; or the entry of an administrative
13 sanction by a government agency in this State or any other
14 jurisdiction. Action taken under this paragraph (2) for a
15 misdemeanor or an administrative sanction is limited to a
16 misdemeanor or administrative sanction that has as an
17 essential element dishonesty or fraud or involves larceny,
18 embezzlement, or obtaining money, property, or credit by
19 false pretenses or by means of a confidence game.
20 (3) Inability to practice the profession with
21 reasonable judgment, skill, or safety as a result of a
22 physical illness, including, but not limited to,
23 deterioration through the aging process or loss of motor
24 skill, or a mental illness or disability.
25 (4) Practice under this Act as a licensee in a retail
26 sales establishment from an office, desk, or space that is

HB3528- 32 -LRB100 11358 SMS 21742 b
1 not separated from the main retail business by a separate
2 and distinct area within the establishment.
3 (5) Having been disciplined by another state, the
4 District of Columbia, a territory, a foreign nation, or a
5 governmental agency authorized to impose discipline if at
6 least one of the grounds for that discipline is the same as
7 or the equivalent of one of the grounds for which a
8 licensee may be disciplined under this Act. A certified
9 copy of the record of the action by the other state or
10 jurisdiction shall be prima facie evidence thereof.
11 (6) Engaging in the practice of real estate brokerage
12 without a license or after the licensee's license or
13 temporary permit was expired or while the license was
14 inoperative.
15 (7) Cheating on or attempting to subvert the Real
16 Estate License Exam or continuing education exam.
17 (8) Aiding or abetting an applicant to subvert or cheat
18 on the Real Estate License Exam or continuing education
19 exam administered pursuant to this Act.
20 (9) Advertising that is inaccurate, misleading, or
21 contrary to the provisions of the Act.
22 (10) Making any substantial misrepresentation or
23 untruthful advertising.
24 (11) Making any false promises of a character likely to
25 influence, persuade, or induce.
26 (12) Pursuing a continued and flagrant course of

HB3528- 33 -LRB100 11358 SMS 21742 b
1 misrepresentation or the making of false promises through
2 licensees, employees, agents, advertising, or otherwise.
3 (13) Any misleading or untruthful advertising, or
4 using any trade name or insignia of membership in any real
5 estate organization of which the licensee is not a member.
6 (14) Acting for more than one party in a transaction
7 without providing written notice to all parties for whom
8 the licensee acts.
9 (15) Representing or attempting to represent a broker
10 other than the sponsoring broker.
11 (16) Failure to account for or to remit any moneys or
12 documents coming into his or her possession that belong to
13 others.
14 (17) Failure to maintain and deposit in a special
15 account, separate and apart from personal and other
16 business accounts, all escrow moneys belonging to others
17 entrusted to a licensee while acting as a broker, escrow
18 agent, or temporary custodian of the funds of others or
19 failure to maintain all escrow moneys on deposit in the
20 account until the transactions are consummated or
21 terminated, except to the extent that the moneys, or any
22 part thereof, shall be:
23 (A) disbursed prior to the consummation or
24 termination (i) in accordance with the written
25 direction of the principals to the transaction or their
26 duly authorized agents, (ii) in accordance with

HB3528- 34 -LRB100 11358 SMS 21742 b
1 directions providing for the release, payment, or
2 distribution of escrow moneys contained in any written
3 contract signed by the principals to the transaction or
4 their duly authorized agents, or (iii) pursuant to an
5 order of a court of competent jurisdiction; or
6 (B) deemed abandoned and transferred to the Office
7 of the State Treasurer to be handled as unclaimed
8 property pursuant to the Uniform Disposition of
9 Unclaimed Property Act. Escrow moneys may be deemed
10 abandoned under this subparagraph (B) only: (i) in the
11 absence of disbursement under subparagraph (A); (ii)
12 in the absence of notice of the filing of any claim in
13 a court of competent jurisdiction; and (iii) if 6
14 months have elapsed after the receipt of a written
15 demand for the escrow moneys from one of the principals
16 to the transaction or the principal's duly authorized
17 agent.
18 The account shall be noninterest bearing, unless the
19 character of the deposit is such that payment of interest
20 thereon is otherwise required by law or unless the
21 principals to the transaction specifically require, in
22 writing, that the deposit be placed in an interest bearing
23 account.
24 (18) Failure to make available to the Department all
25 escrow records and related documents maintained in
26 connection with the practice of real estate within 24 hours

HB3528- 35 -LRB100 11358 SMS 21742 b
1 of a request for those documents by Department personnel.
2 (19) Failing to furnish copies upon request of
3 documents relating to a real estate transaction to a party
4 who has executed that document.
5 (20) Failure of a sponsoring broker to timely provide
6 information, sponsor cards, or termination of licenses to
7 the Department.
8 (21) Engaging in dishonorable, unethical, or
9 unprofessional conduct of a character likely to deceive,
10 defraud, or harm the public.
11 (22) Commingling the money or property of others with
12 his or her own money or property.
13 (23) Employing any person on a purely temporary or
14 single deal basis as a means of evading the law regarding
15 payment of commission to nonlicensees on some contemplated
16 transactions.
17 (24) Permitting the use of his or her license as a
18 broker to enable a leasing agent or unlicensed person to
19 operate a real estate business without actual
20 participation therein and control thereof by the broker.
21 (25) Any other conduct, whether of the same or a
22 different character from that specified in this Section,
23 that constitutes dishonest dealing.
24 (26) Displaying a "for rent" or "for sale" sign on any
25 property without the written consent of an owner or his or
26 her duly authorized agent or advertising by any means that

HB3528- 36 -LRB100 11358 SMS 21742 b
1 any property is for sale or for rent without the written
2 consent of the owner or his or her authorized agent.
3 (27) Failing to provide information requested by the
4 Department, or otherwise respond to that request, within 30
5 days of the request.
6 (28) Advertising by means of a blind advertisement,
7 except as otherwise permitted in Section 10-30 of this Act.
8 (29) Offering guaranteed sales plans, as defined in
9 clause (A) of this subdivision (29), except to the extent
10 hereinafter set forth:
11 (A) A "guaranteed sales plan" is any real estate
12 purchase or sales plan whereby a licensee enters into a
13 conditional or unconditional written contract with a
14 seller, prior to entering into a brokerage agreement
15 with the seller, by the terms of which a licensee
16 agrees to purchase a property of the seller within a
17 specified period of time at a specific price in the
18 event the property is not sold in accordance with the
19 terms of a brokerage agreement to be entered into
20 between the sponsoring broker and the seller.
21 (B) A licensee offering a guaranteed sales plan
22 shall provide the details and conditions of the plan in
23 writing to the party to whom the plan is offered.
24 (C) A licensee offering a guaranteed sales plan
25 shall provide to the party to whom the plan is offered
26 evidence of sufficient financial resources to satisfy

HB3528- 37 -LRB100 11358 SMS 21742 b
1 the commitment to purchase undertaken by the broker in
2 the plan.
3 (D) Any licensee offering a guaranteed sales plan
4 shall undertake to market the property of the seller
5 subject to the plan in the same manner in which the
6 broker would market any other property, unless the
7 agreement with the seller provides otherwise.
8 (E) The licensee cannot purchase seller's property
9 until the brokerage agreement has ended according to
10 its terms or is otherwise terminated.
11 (F) Any licensee who fails to perform on a
12 guaranteed sales plan in strict accordance with its
13 terms shall be subject to all the penalties provided in
14 this Act for violations thereof and, in addition, shall
15 be subject to a civil fine payable to the party injured
16 by the default in an amount of up to $25,000.
17 (30) Influencing or attempting to influence, by any
18 words or acts, a prospective seller, purchaser, occupant,
19 landlord, or tenant of real estate, in connection with
20 viewing, buying, or leasing real estate, so as to promote
21 or tend to promote the continuance or maintenance of
22 racially and religiously segregated housing or so as to
23 retard, obstruct, or discourage racially integrated
24 housing on or in any street, block, neighborhood, or
25 community.
26 (31) Engaging in any act that constitutes a violation

HB3528- 38 -LRB100 11358 SMS 21742 b
1 of any provision of Article 3 of the Illinois Human Rights
2 Act, whether or not a complaint has been filed with or
3 adjudicated by the Human Rights Commission.
4 (32) Inducing any party to a contract of sale or lease
5 or brokerage agreement to break the contract of sale or
6 lease or brokerage agreement for the purpose of
7 substituting, in lieu thereof, a new contract for sale or
8 lease or brokerage agreement with a third party.
9 (33) Negotiating a sale, exchange, or lease of real
10 estate directly with any person if the licensee knows that
11 the person has an exclusive brokerage agreement with
12 another broker, unless specifically authorized by that
13 broker.
14 (34) When a licensee is also an attorney, acting as the
15 attorney for either the buyer or the seller in the same
16 transaction in which the licensee is acting or has acted as
17 a managing broker or broker.
18 (35) Advertising or offering merchandise or services
19 as free if any conditions or obligations necessary for
20 receiving the merchandise or services are not disclosed in
21 the same advertisement or offer. These conditions or
22 obligations include without limitation the requirement
23 that the recipient attend a promotional activity or visit a
24 real estate site. As used in this subdivision (35), "free"
25 includes terms such as "award", "prize", "no charge", "free
26 of charge", "without charge", and similar words or phrases

HB3528- 39 -LRB100 11358 SMS 21742 b
1 that reasonably lead a person to believe that he or she may
2 receive or has been selected to receive something of value,
3 without any conditions or obligations on the part of the
4 recipient.
5 (36) Disregarding or violating any provision of the
6 Land Sales Registration Act of 1989, the Illinois Real
7 Estate Time-Share Act, or the published rules promulgated
8 by the Department to enforce those Acts.
9 (37) Violating the terms of a disciplinary order issued
10 by the Department.
11 (38) Paying or failing to disclose compensation in
12 violation of Article 10 of this Act.
13 (39) Requiring a party to a transaction who is not a
14 client of the licensee to allow the licensee to retain a
15 portion of the escrow moneys for payment of the licensee's
16 commission or expenses as a condition for release of the
17 escrow moneys to that party.
18 (40) Disregarding or violating any provision of this
19 Act or the published rules promulgated by the Department to
20 enforce this Act or aiding or abetting any individual,
21 partnership, registered limited liability partnership,
22 limited liability company, or corporation in disregarding
23 any provision of this Act or the published rules
24 promulgated by the Department to enforce this Act.
25 (41) Failing to provide the minimum services required
26 by Section 15-75 of this Act when acting under an exclusive

HB3528- 40 -LRB100 11358 SMS 21742 b
1 brokerage agreement.
2 (42) Habitual or excessive use or addiction to alcohol,
3 narcotics, stimulants, or any other chemical agent or drug
4 that results in a managing broker, broker, or leasing
5 agent's inability to practice with reasonable skill or
6 safety.
7 (43) Enabling, aiding, or abetting an auctioneer, as
8 defined in the Auction License Act, to conduct a real
9 estate auction in a manner that is in violation of this
10 Act.
11 (44) Permitting any leasing agent or temporary leasing
12 agent permit holder to engage in activities which require a
13 broker's or managing broker's license.
14 (45) Aiding or abetting the violation of subsection (d)
15 of Section 5-5 of this Act by knowingly permitting an
16 individual to operate under a temporary leasing agent
17 permit more than one time in that individual's lifetime.
18 (b) The Department may refuse to issue or renew or may
19suspend the license of any person who fails to file a return,
20pay the tax, penalty or interest shown in a filed return, or
21pay any final assessment of tax, penalty, or interest, as
22required by any tax Act administered by the Department of
23Revenue, until such time as the requirements of that tax Act
24are satisfied in accordance with subsection (g) of Section
252105-15 of the Civil Administrative Code of Illinois.
26 (c) The Department shall deny a license or renewal

HB3528- 41 -LRB100 11358 SMS 21742 b
1authorized by this Act to a person who has defaulted on an
2educational loan or scholarship provided or guaranteed by the
3Illinois Student Assistance Commission or any governmental
4agency of this State in accordance with item (5) of subsection
5(a) of Section 2105-15 of the Civil Administrative Code of
6Illinois.
7 (d) In cases where the Department of Healthcare and Family
8Services (formerly Department of Public Aid) has previously
9determined that a licensee or a potential licensee is more than
1030 days delinquent in the payment of child support and has
11subsequently certified the delinquency to the Department may
12refuse to issue or renew or may revoke or suspend that person's
13license or may take other disciplinary action against that
14person based solely upon the certification of delinquency made
15by the Department of Healthcare and Family Services in
16accordance with item (5) of subsection (a) of Section 2105-15
17of the Civil Administrative Code of Illinois.
18 (e) In enforcing this Section, the Department or Board upon
19a showing of a possible violation may compel an individual
20licensed to practice under this Act, or who has applied for
21licensure under this Act, to submit to a mental or physical
22examination, or both, as required by and at the expense of the
23Department. The Department or Board may order the examining
24physician to present testimony concerning the mental or
25physical examination of the licensee or applicant. No
26information shall be excluded by reason of any common law or

HB3528- 42 -LRB100 11358 SMS 21742 b
1statutory privilege relating to communications between the
2licensee or applicant and the examining physician. The
3examining physicians shall be specifically designated by the
4Board or Department. The individual to be examined may have, at
5his or her own expense, another physician of his or her choice
6present during all aspects of this examination. Failure of an
7individual to submit to a mental or physical examination, when
8directed, shall be grounds for suspension of his or her license
9until the individual submits to the examination if the
10Department finds, after notice and hearing, that the refusal to
11submit to the examination was without reasonable cause.
12 If the Department or Board finds an individual unable to
13practice because of the reasons set forth in this Section, the
14Department or Board may require that individual to submit to
15care, counseling, or treatment by physicians approved or
16designated by the Department or Board, as a condition, term, or
17restriction for continued, reinstated, or renewed licensure to
18practice; or, in lieu of care, counseling, or treatment, the
19Department may file, or the Board may recommend to the
20Department to file, a complaint to immediately suspend, revoke,
21or otherwise discipline the license of the individual. An
22individual whose license was granted, continued, reinstated,
23renewed, disciplined or supervised subject to such terms,
24conditions, or restrictions, and who fails to comply with such
25terms, conditions, or restrictions, shall be referred to the
26Secretary for a determination as to whether the individual

HB3528- 43 -LRB100 11358 SMS 21742 b
1shall have his or her license suspended immediately, pending a
2hearing by the Department.
3 In instances in which the Secretary immediately suspends a
4person's license under this Section, a hearing on that person's
5license must be convened by the Department within 30 days after
6the suspension and completed without appreciable delay. The
7Department and Board shall have the authority to review the
8subject individual's record of treatment and counseling
9regarding the impairment to the extent permitted by applicable
10federal statutes and regulations safeguarding the
11confidentiality of medical records.
12 An individual licensed under this Act and affected under
13this Section shall be afforded an opportunity to demonstrate to
14the Department or Board that he or she can resume practice in
15compliance with acceptable and prevailing standards under the
16provisions of his or her license.
17(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;
1899-227, eff. 8-3-15.)
19 (225 ILCS 454/20-23)
20 (Section scheduled to be repealed on January 1, 2020)
21 Sec. 20-23. Confidentiality. All information collected by
22the Department in the course of an examination or investigation
23of a licensee or applicant, including, but not limited to, any
24complaint against a licensee, applicant, or any person who
25holds himself or herself out as a licensee or applicant that is

HB3528- 44 -LRB100 11358 SMS 21742 b
1filed with the Department and information collected to
2investigate any such complaint, shall be maintained for the
3confidential use of the Department and shall not be disclosed.
4The Department may not disclose the information to anyone other
5than law enforcement officials, regulatory agencies that have
6an appropriate regulatory interest as determined by the
7Secretary, the licensee's managing broker of record, or a party
8presenting a lawful subpoena to the Department. Information and
9documents disclosed to a federal, State, county, or local law
10enforcement agency shall not be disclosed by the agency for any
11purpose to any other agency or person. A formal complaint filed
12against a licensee by the Department or any order issued by the
13Department against a licensee or applicant shall be a public
14record, except as otherwise prohibited by law.
15(Source: P.A. 98-553, eff. 1-1-14.)
16 (225 ILCS 454/20-60)
17 (Section scheduled to be repealed on January 1, 2020)
18 Sec. 20-60. Investigations notice and hearing. The
19Department may investigate the actions of any applicant or of
20any person or persons rendering or offering to render services
21or any person holding or claiming to hold a license under this
22Act. The Department shall, before revoking, suspending,
23placing on probation, reprimanding, or taking any other
24disciplinary action under Article 20 of this Act, at least 30
25days before the date set for the hearing, (i) notify the

HB3528- 45 -LRB100 11358 SMS 21742 b
1accused and his or her sponsoring broker in writing of the
2charges made and the time and place for the hearing on the
3charges, (ii) direct him or her to file a written answer to the
4charges with the Board under oath within 20 days after the
5service on him or her of the notice, and (iii) inform the
6accused that if he or she fails to answer, default will be
7taken against him or her or that his or her license may be
8suspended, revoked, placed on probationary status, or other
9disciplinary action taken with regard to the license, including
10limiting the scope, nature, or extent of his or her practice,
11as the Department may consider proper. At the time and place
12fixed in the notice, the Board shall proceed to hear the
13charges and the parties or their counsel shall be accorded
14ample opportunity to present any pertinent statements,
15testimony, evidence, and arguments. The Board may continue the
16hearing from time to time. In case the person, after receiving
17the notice, fails to file an answer, his or her license may, in
18the discretion of the Department, be suspended, revoked, placed
19on probationary status, or the Department may take whatever
20disciplinary action considered proper, including limiting the
21scope, nature, or extent of the person's practice or the
22imposition of a fine, without a hearing, if the act or acts
23charged constitute sufficient grounds for that action under
24this Act. The written notice may be served by personal delivery
25or by certified mail to the address specified by the accused in
26his or her last notification with the Department.

HB3528- 46 -LRB100 11358 SMS 21742 b
1(Source: P.A. 96-856, eff. 12-31-09.)
2 (225 ILCS 454/20-68)
3 (Section scheduled to be repealed on January 1, 2020)
4 Sec. 20-68. Surrender of license. Upon the revocation or
5suspension of a license, the Department shall immediately
6notify the licensee's sponsoring broker of the revocation or
7suspension and the licensee shall immediately surrender his or
8her license to the Department. If the licensee fails to do so,
9the Department has the right to seize the license.
10(Source: P.A. 96-856, eff. 12-31-09.)
11 (225 ILCS 454/25-10)
12 (Section scheduled to be repealed on January 1, 2020)
13 Sec. 25-10. Real Estate Administration and Disciplinary
14Board; duties. There is created the Real Estate Administration
15and Disciplinary Board. The Board shall be composed of 15 9
16persons appointed by the Governor. Members shall be appointed
17to the Board subject to the following conditions:
18 (1) All members shall have been residents and citizens
19 of this State for at least 6 years prior to the date of
20 appointment.
21 (2) Nine Six members shall have been actively engaged
22 as managing brokers or brokers or both for at least the 10
23 years prior to the appointment.
24 (3) Three members of the Board shall be public members

HB3528- 47 -LRB100 11358 SMS 21742 b
1 who represent consumer interests.
2 (4) One member shall be a representative of a licensed
3 real estate education provider.
4 (5) One member shall be a representative of an Illinois
5 real estate trade organization.
6 (6) One member shall be a representative of an
7 institution of higher education that offers pre-license
8 and continuing education courses.
9 None of these members shall be (i) a person who is licensed
10under this Act or a similar Act of another jurisdiction, (ii)
11the spouse or family member of a licensee, (iii) a person who
12has an ownership interest in a real estate brokerage business,
13or (iv) a person the Department determines to have any other
14connection with a real estate brokerage business or a licensee.
15The members' terms shall be 4 years or until their successor is
16appointed, and the expiration of their terms shall be
17staggered. No member shall be reappointed to the Board for a
18term that would cause his or her cumulative service on the
19Board to exceed 12 years. Appointments to fill vacancies shall
20be for the unexpired portion of the term. Those members of the
21Board that satisfy the requirements of paragraph (2) shall be
22chosen in a manner such that no area of the State shall be
23unreasonably represented. The membership of the Board should
24reasonably reflect the geographic distribution of the licensee
25population in this State. In making the appointments, the
26Governor shall give due consideration to the recommendations by

HB3528- 48 -LRB100 11358 SMS 21742 b
1members and organizations of the profession. The Governor may
2terminate the appointment of any member for cause that in the
3opinion of the Governor reasonably justifies the termination.
4Cause for termination shall include without limitation
5misconduct, incapacity, neglect of duty, or missing 4 board
6meetings during any one calendar year. Each member of the Board
7may receive a per diem stipend in an amount to be determined by
8the Secretary. Each member shall be paid his or her necessary
9expenses while engaged in the performance of his or her duties.
10Such compensation and expenses shall be paid out of the Real
11Estate License Administration Fund. The Secretary shall
12consider the recommendations of the Board on questions
13involving standards of professional conduct, discipline, and
14examination of candidates under this Act. The Secretary may
15establish temporary or permanent committees of the Board and
16may consider the recommendations of the Board on questions
17involving criteria for the licensing and renewal of pre-license
18schools, pre-license instructors, continuing education
19schools, continuing education instructors, pre-license school
20and continuing education curricula, standards of educational
21criteria qualifications for licensure, and renewal of
22professions, schools, courses, and instructors. The
23Department, after notifying and considering the
24recommendations of the Board, if any, may issue rules,
25consistent with the provisions of this Act, for the
26administration and enforcement thereof and may prescribe forms

HB3528- 49 -LRB100 11358 SMS 21742 b
1that shall be used in connection therewith. Eight Five Board
2members shall constitute a quorum. A quorum is required for all
3Board decisions.
4(Source: P.A. 98-1109, eff. 1-1-15; 99-227, eff. 8-3-15.)
5 (225 ILCS 454/Art. 30 heading)
6
ARTICLE 30. EDUCATION PROVIDERS AND COURSES SCHOOLS AND
7
INSTRUCTORS
8 (225 ILCS 454/30-5)
9 (Section scheduled to be repealed on January 1, 2020)
10 Sec. 30-5. Licensing of education providers pre-license
11schools, school branches, and instructors.
12 (a) No person shall operate an education provider entity
13without possessing a valid and active license issued by the
14Department. Only education providers in possession of a valid
15education provider license may provide real estate
16pre-license, post-license, or continuing education courses
17that will satisfy the requirements of this Act. Every person
18that desires to obtain an education provider license shall make
19application to the Department in writing on forms prescribed by
20the Department and pay the fee prescribed by rule. In addition
21to any other information required to be contained in the
22application as prescribed by rule, every application for an
23original or renewed license shall include the applicant's
24Social Security number or tax identification number. No person

HB3528- 50 -LRB100 11358 SMS 21742 b
1shall operate a pre-license school or school branch without
2possessing a valid pre-license school or school branch license
3issued by the Department. No person shall act as a pre-license
4instructor at a pre-license school or school branch without
5possessing a valid pre-license instructor license issued by the
6Department. Every person who desires to obtain a pre-license
7school, school branch, or pre-license instructor license shall
8make application to the Department in writing in form and
9substance satisfactory to the Department and pay the required
10fees prescribed by rule. In addition to any other information
11required to be contained in the application, every application
12for an original license shall include the applicant's Social
13Security number, which shall be retained in the agency's
14records pertaining to the license. As soon as practical, the
15Department shall assign a customer's identification number to
16each applicant for a license.
17 Every application for a renewal or restored license shall
18require the applicant's customer identification number.
19 The Department shall issue a pre-license school, school
20branch, or pre-license instructor license to applicants who
21meet qualification criteria established by rule. The
22Department may refuse to issue, suspend, revoke, or otherwise
23discipline a pre-license school, school branch, or pre-license
24instructor license or may withdraw approval of a course offered
25by a pre-license school for good cause. Disciplinary
26proceedings shall be conducted by the Board in the same manner

HB3528- 51 -LRB100 11358 SMS 21742 b
1as other disciplinary proceedings under this Act.
2 (b) (Blank). All pre-license instructors must teach at
3least one course within the period of licensure or take an
4instructor training program approved by the Department in lieu
5thereof. A pre-license instructor may teach at more than one
6licensed pre-license school.
7 (c) (Blank). The term of license for pre-license schools,
8branches, and instructors shall be 2 years as established by
9rule.
10 (d) (Blank). The Department or the Advisory Council may,
11after notice, cause a pre-license school to attend an informal
12conference before the Advisory Council for failure to comply
13with any requirement for licensure or for failure to comply
14with any provision of this Act or the rules for the
15administration of this Act. The Advisory Council shall make a
16recommendation to the Board as a result of its findings at the
17conclusion of any such informal conference.
18 (e) (Blank). For purposes of this Section, the term
19"pre-license" shall also include the 30-hour post-license
20course required to be taken to retain a broker's license.
21 (f) The criteria for an education provider license shall
22include the following:
23 (1) a sound financial base for establishing,
24 promoting, and delivering the necessary courses; budget
25 planning for the school's courses should be clearly
26 projected;

HB3528- 52 -LRB100 11358 SMS 21742 b
1 (2) a sufficient number of qualified, licensed
2 instructors as provided by rule;
3 (3) adequate support personnel to assist with
4 administrative matters and technical assistance;
5 (4) maintenance and availability of records of
6 participation for licensees;
7 (5) the ability to provide each participant who
8 successfully completes an approved program with a
9 certificate of completion signed by the administrator of a
10 licensed education provider on forms provided by the
11 Department;
12 (6) the education provider must have a written policy
13 dealing with procedures for the management of grievances
14 and fee refunds;
15 (7) the education provider shall maintain lesson plans
16 and examinations for each course;
17 (8) the education provider shall require a 70% passing
18 grade for successful completion of any continuing
19 education course;
20 (9) the education provider shall identify and use
21 instructors who will teach in a planned program; suggested
22 criteria for instructor selections include:
23 (A) appropriate credentials;
24 (B) competence as a teacher;
25 (C) knowledge of content area; and
26 (D) qualification by experience;

HB3528- 53 -LRB100 11358 SMS 21742 b
1 (10) unless otherwise provided for herein, the
2 education provider shall provide a proctor or an electronic
3 means of proctoring for each examination; the education
4 provider shall be responsible for the conduct of the
5 proctor; the duties and responsibilities of a proctor shall
6 be established by rule; and
7 (11) unless otherwise provided for herein, the
8 education provider must provide for closed book
9 examinations for each course unless the Board excuses this
10 requirement based on the complexity of the course material.
11 (g) Advertising and promotion of education activities must
12be carried out in a responsible fashion clearly showing the
13educational objectives of the activity, the nature of the
14audience that may benefit from the activity, the cost of the
15activity to the participant and the items covered by the cost,
16the amount of credit that can be earned, and the credentials of
17the faculty.
18 (h) The Department may, or upon request of the Board shall,
19after notice, cause an education provider to attend an informal
20conference before the Board for failure to comply with any
21requirement for licensure or for failure to comply with any
22provision of this Act or the rules for the administration of
23this Act. The Board shall make a recommendation to the
24Department as a result of its findings at the conclusion of any
25such informal conference.
26 (i) All education providers shall maintain these minimum

HB3528- 54 -LRB100 11358 SMS 21742 b
1criteria and pay the required fee in order to retain their
2education provider license.
3(Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
4 (225 ILCS 454/30-15)
5 (Section scheduled to be repealed on January 1, 2020)
6 Sec. 30-15. Licensing of continuing education providers
7schools; approval of courses.
8 (a) (Blank). Only continuing education schools in
9possession of a valid continuing education school license may
10provide real estate continuing education courses that will
11satisfy the requirements of this Act. Pre-license schools
12licensed to offer pre-license education courses for brokers,
13managing brokers, or leasing agents shall qualify for a
14continuing education school license upon completion of an
15application and the submission of the required fee. Every
16entity that desires to obtain a continuing education school
17license shall make application to the Department in writing in
18forms prescribed by the Department and pay the fee prescribed
19by rule. In addition to any other information required to be
20contained in the application, every application for an original
21or renewed license shall include the applicant's Social
22Security number.
23 (b) (Blank). The criteria for a continuing education
24license shall include the following:
25 (1) A sound financial base for establishing,

HB3528- 55 -LRB100 11358 SMS 21742 b
1 promoting, and delivering the necessary courses. Budget
2 planning for the School's courses should be clearly
3 projected.
4 (2) A sufficient number of qualified, licensed
5 instructors as provided by rule.
6 (3) Adequate support personnel to assist with
7 administrative matters and technical assistance.
8 (4) Maintenance and availability of records of
9 participation for licensees.
10 (5) The ability to provide each participant who
11 successfully completes an approved program with a
12 certificate of completion signed by the administrator of a
13 licensed continuing education school on forms provided by
14 the Department.
15 (6) The continuing education school must have a written
16 policy dealing with procedures for the management of
17 grievances and fee refunds.
18 (7) The continuing education school shall maintain
19 lesson plans and examinations for each course.
20 (8) The continuing education school shall require a 70%
21 passing grade for successful completion of any continuing
22 education course.
23 (9) The continuing education school shall identify and
24 use instructors who will teach in a planned program.
25 Suggested criteria for instructor selections include:
26 (A) appropriate credentials;

HB3528- 56 -LRB100 11358 SMS 21742 b
1 (B) competence as a teacher;
2 (C) knowledge of content area; and
3 (D) qualification by experience.
4 (10) The continuing education school shall provide a
5 proctor or an electronic means of proctoring for each
6 examination. The continuing education school shall be
7 responsible for the conduct of the proctor. The duties and
8 responsibilities of a proctor shall be established by rule.
9 (11) The continuing education school must provide for
10 closed book examinations for each course unless the
11 Advisory Council excuses this requirement based on the
12 complexity of the course material.
13 (c) (Blank). Advertising and promotion of continuing
14education activities must be carried out in a responsible
15fashion, clearly showing the educational objectives of the
16activity, the nature of the audience that may benefit from the
17activity, the cost of the activity to the participant and the
18items covered by the cost, the amount of credit that can be
19earned, and the credentials of the faculty.
20 (d) (Blank). The Department may or upon request of the
21Advisory Council shall, after notice, cause a continuing
22education school to attend an informal conference before the
23Advisory Council for failure to comply with any requirement for
24licensure or for failure to comply with any provision of this
25Act or the rules for the administration of this Act. The
26Advisory Council shall make a recommendation to the Board as a

HB3528- 57 -LRB100 11358 SMS 21742 b
1result of its findings at the conclusion of any such informal
2conference.
3 (e) (Blank). All continuing education schools shall
4maintain these minimum criteria and pay the required fee in
5order to retain their continuing education school license.
6 (f) All education providers continuing education schools
7shall submit, at the time of initial application and with each
8license renewal, a list of courses with course materials that
9comply with the course requirements in this Act to be offered
10by the education provider continuing education school. The
11Department, however, shall establish an online a mechanism by
12which education providers whereby continuing education schools
13may submit apply for and obtain approval by the Board or its
14designee pre-license, post-license, or continuing education
15for continuing education courses that are submitted after the
16time of the education provider's initial license application or
17renewal. All courses submitted online shall be approved or
18denied within 3 days after their submission. Upon written
19request to the Board by the education provider, all courses
20submitted for approval online that are denied approval by the
21Board's designee may be reviewed by the full Board and the full
22Board may render a decision that approves of the course or
23affirms the denial of the course. The Department shall provide
24to each education provider continuing education school a
25certificate for each approved pre-license, post-license, or
26continuing education course. All pre-license, post-license, or

HB3528- 58 -LRB100 11358 SMS 21742 b
1continuing education courses shall be valid for the period
2coinciding with the term of license of the education provider.
3However, in no case shall a course continue to be valid if it
4does not, at all times, meet all of the requirements of the
5core curriculum established by this Act and the Board, as
6modified from time to time in accordance with this Act
7continuing education school. All education providers
8continuing education schools shall provide a copy of the
9certificate of the pre-license, post-license, or continuing
10education course within the course materials given to each
11student or shall display a copy of the certificate of the
12pre-license, post-license, or continuing education course in a
13conspicuous place at the location of the class.
14 (g) Each education provider continuing education school
15shall provide to the Department a monthly report in a format
16determined by the Department, with information concerning
17students who successfully completed all approved pre-license,
18post-license, or continuing education courses offered by the
19continuing education provider school for the prior month.
20 (h) The Department, upon the recommendation of the Board
21Advisory Council, may temporarily suspend a licensed
22continuing education provider's school's approved courses
23without hearing and refuse to accept successful completion of
24or participation in any of these pre-license, post-license, or
25continuing education courses for continuing education credit
26from that education provider school upon the failure of that

HB3528- 59 -LRB100 11358 SMS 21742 b
1continuing education provider school to comply with the
2provisions of this Act or the rules for the administration of
3this Act, until such time as the Board Department receives
4satisfactory assurance of compliance. The Board Department
5shall notify the continuing education provider school of the
6noncompliance and may initiate disciplinary proceedings
7pursuant to this Act. The Department may refuse to issue,
8suspend, revoke, or otherwise discipline the license of an a
9continuing education provider school or may withdraw approval
10of a pre-license, post-license, or continuing education course
11for good cause. Failure to comply with the requirements of this
12Section or any other requirements established by rule shall be
13deemed to be good cause. Disciplinary proceedings shall be
14conducted by the Board in the same manner as other disciplinary
15proceedings under this Act.
16 (i) Pre-license, post-license, and continuing education
17courses, whether submitted for approval at the time of an
18education provider's initial application for licensure or
19otherwise, must meet the following minimum course
20requirements:
21 (1) No pre-license, post-license, or continuing
22 education course shall be required to be longer than 2
23 hours in duration; however, for each 2 hours of course time
24 in each course, there shall be a minimum of 100 minutes of
25 instruction.
26 (2) All core curriculum courses shall be provided only

HB3528- 60 -LRB100 11358 SMS 21742 b
1 through a live interactive webinar or online distance
2 education format.
3 (3) Courses provided through a live, interactive
4 webinar shall require all participants to demonstrate
5 their attendance in and attention to the course by
6 answering or responding to at least one polling question
7 per 30 minutes of course instruction. In no event shall the
8 interval between polling questions exceed 30 minutes.
9 (4) All participants in courses provided in an online
10 distance education format shall demonstrate proficiency
11 with the subject matter of the course through verifiable
12 responses to questions included in the course content.
13 (5) Credit for courses completed through a live
14 interactive webinar or online distance education shall not
15 require an in-person, proctored examination.
16 (6) Credit for courses provided through correspondence
17 distance education, or by home study, shall require the
18 passage of an in-person, proctored examination.
19 (j) The Department is authorized to engage a third party as
20the Board's designee to perform the functions specifically
21provided for in subsection (a) of this Section 5-15, namely
22that of administering the online system for receipt, review,
23and approval or denial of new courses.
24(Source: P.A. 99-227, eff. 8-3-15.)
25 (225 ILCS 454/30-20)

HB3528- 61 -LRB100 11358 SMS 21742 b
1 (Section scheduled to be repealed on January 1, 2020)
2 Sec. 30-20. Fees for continuing education provider school
3license; renewal; term. All applications for an a continuing
4education provider school license shall be accompanied by a
5nonrefundable application fee in an amount established by rule.
6All continuing education providers schools shall be required to
7submit a renewal application, the required fee as established
8by rule, and a listing of the courses to be offered during the
9year in order to renew their continuing education provider
10school licenses. The term for an a continuing education
11provider school license shall be 2 years and as established by
12rule. The fees collected under this Article 30 shall be
13deposited in the Real Estate License Administration Fund and
14shall be used to defray the cost of administration of the
15program and per diem of the Board Advisory Council as
16determined by the Secretary.
17(Source: P.A. 96-856, eff. 12-31-09.)
18 (225 ILCS 454/30-25)
19 (Section scheduled to be repealed on January 1, 2020)
20 Sec. 30-25. Licensing of continuing education provider
21instructors.
22 (a) No such person shall act as either a pre-license or
23education provider continuing education instructor at a
24continuing education school or branch without possessing a
25valid pre-license or continuing education provider instructor

HB3528- 62 -LRB100 11358 SMS 21742 b
1license and satisfying any other qualification criteria
2established by the Department by rule.
3 (a-5) Each person that is an instructor for pre-license,
4continuing education core curriculum or managing broker
5education courses shall meet specific criteria established by
6the Department by rule. Those persons who have not met the
7criteria shall only teach continuing education elective
8curriculum courses.
9 (b) Every After the effective date of this Act, every
10person who desires to obtain an a continuing education provider
11instructor's license shall attend and successfully complete a
12one-day instructor development workshop, as approved by the
13Department. However, pre-license education provider
14instructors who have complied with subsection (b) of this
15Section 30-25 shall not be required to complete the instructor
16workshop in order to teach continuing education elective
17curriculum courses.
18 (b-5) The term of licensure for a pre-license or continuing
19education provider instructor shall be 2 years and as
20established by rule. Every person who desires to obtain a
21pre-license or continuing continuing education provider
22instructor license shall make application to the Department in
23writing on forms prescribed by the Department Office,
24accompanied by the fee prescribed by rule. In addition to any
25other information required to be contained in the application,
26every application for an original license shall include the

HB3528- 63 -LRB100 11358 SMS 21742 b
1applicant's Social Security number, which shall be retained in
2the agency's records pertaining to the license. As soon as
3practical, the Department shall assign a customer's
4identification number to each applicant for a license.
5 Every application for a renewal or restored license shall
6require the applicant's customer identification number.
7 The Department shall issue a pre-license or continuing
8continuing education provider instructor license to applicants
9who meet qualification criteria established by this Act or
10rule.
11 (c) The Department may refuse to issue, suspend, revoke, or
12otherwise discipline a pre-license or continuing education
13instructor for good cause. Disciplinary proceedings shall be
14conducted by the Board in the same manner as other disciplinary
15proceedings under this Act. All pre-license education provider
16instructors must teach at least one pre-license or continuing
17education core curriculum course within the period of licensure
18as a requirement for renewal of the instructor's license. All
19continuing education provider instructors must teach at least
20one course within the period of licensure or take an instructor
21training program approved by the Department in lieu thereof as
22a requirement for renewal of the instructor's license.
23 (d) Each course transcript submitted by an education
24provider to the Department shall include the name and license
25number of the pre-license or continuing education provider
26instructor for the course.

HB3528- 64 -LRB100 11358 SMS 21742 b
1(Source: P.A. 96-856, eff. 12-31-09; 97-400, eff. 1-1-12.)
2 (225 ILCS 454/5-26 rep.)
3 (225 ILCS 454/5-85 rep.)
4 (225 ILCS 454/20-78 rep.)
5 (225 ILCS 454/30-10 rep.)
6 Section 10. The Real Estate License Act of 2000 is amended
7by repealing Sections 5-26, 5-85, 20-78, and 30-10.
8 Section 99. Effective date. This Act takes effect January
91, 2018.

HB3528- 65 -LRB100 11358 SMS 21742 b
1 INDEX
2 Statutes amended in order of appearance
3 225 ILCS 454/1-10
4 225 ILCS 454/5-5
5 225 ILCS 454/5-10
6 225 ILCS 454/5-27
7 225 ILCS 454/5-28
8 225 ILCS 454/5-50
9 225 ILCS 454/5-70
10 225 ILCS 454/5-75
11 225 ILCS 454/5-80
12 225 ILCS 454/20-20
13 225 ILCS 454/20-23
14 225 ILCS 454/20-60
15 225 ILCS 454/20-68
16 225 ILCS 454/25-10
17 225 ILCS 454/Art. 30
18 heading
19 225 ILCS 454/30-5
20 225 ILCS 454/30-15
21 225 ILCS 454/30-20
22 225 ILCS 454/30-25
23 225 ILCS 454/5-26 rep.
24 225 ILCS 454/5-85 rep.
25 225 ILCS 454/20-78 rep.

HB3528- 66 -LRB100 11358 SMS 21742 b