Bill Text: IL SB1821 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Repeals the Genetic Counselor Licensing Act, the Illinois Landscape Architecture Act of 1989, the Illinois Athlete Agents Act, the Electrologist Licensing Act, the Detection of Deception Examiners Act, the Professional Geologist Licensing Act, the Land Sales Registration Act of 1999, and the Real Estate Timeshare Act of 1999. Makes conforming changes in the Regulatory Sunset Act and throughout the statutes. Amends the Auction License Act. Repeals provisions requiring Internet auction listing services to be registered with the Department of Financial and Professional Regulation and makes conforming changes. Moves definitions of "Internet auction listing service" and "interactive computer service" to provisions concerning definitions. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2017-09-22 - Public Act . . . . . . . . . 100-0534 [SB1821 Detail]

Download: Illinois-2017-SB1821-Chaptered.html

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Public Act 100-0534
SB1821 Enrolled LRB100 09678 SMS 19847 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by changing
Section 4.30 as follows:
(5 ILCS 80/4.30)
Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Land Sales Registration Act of 1999.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09;

96-1000, eff. 7-2-10.)
(225 ILCS 401/Act rep.)
Section 10. The Illinois Athlete Agents Act is repealed.
Section 15. The Auction License Act is amended by changing
Sections 5-10 and 10-1 as follows:
(225 ILCS 407/5-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-10. Definitions. As used in this Act:
"Advertisement" means any written, oral, or electronic
communication that contains a promotion, inducement, or offer
to conduct an auction or offer to provide an auction service,
including but not limited to brochures, pamphlets, radio and
television scripts, telephone and direct mail solicitations,
electronic media, and other means of promotion.
"Advisory Board" or "Board" means the Auctioneer Advisory
Board.
"Associate auctioneer" means a person who conducts an
auction, but who is under the direct supervision of, and is
sponsored by, a licensed auctioneer or auction firm.
"Auction" means the sale or lease of property, real or
personal, by means of exchanges between an auctioneer and
prospective purchasers or lessees, which consists of a series
of invitations for offers made by the auctioneer and offers by

prospective purchasers or lessees for the purpose of obtaining
an acceptable offer for the sale or lease of the property,
including the sale or lease of property via mail,
telecommunications, or the Internet.
"Auction contract" means a written agreement between an
auctioneer or auction firm and a seller or sellers.
"Auction firm" means any corporation, partnership, or
limited liability company that acts as an auctioneer and
provides an auction service.
"Auction school" means any educational institution, public
or private, which offers a curriculum of auctioneer education
and training approved by the Department.
"Auction service" means the service of arranging,
managing, advertising, or conducting auctions.
"Auctioneer" means a person or entity who, for another, for
a fee, compensation, commission, or any other valuable
consideration at auction or with the intention or expectation
of receiving valuable consideration by the means of or process
of an auction or sale at auction or providing an auction
service, offers, negotiates, or attempts to negotiate an
auction contract, sale, purchase, or exchange of goods,
chattels, merchandise, personal property, real property, or
any commodity that may be lawfully kept or offered for sale by
or at auction.
"Address of Record" means the designated address recorded
by the Department in the applicant's or licensee's application

file or license file maintained by the Department. It is the
duty of the applicant or licensee to inform the Department of
any change of address, and such changes must be made either
through the Department's website or by directly contacting the
Department.
"Buyer premium" means any fee or compensation paid by the
successful purchaser of property sold or leased at or by
auction, to the auctioneer, auction firms, seller, lessor, or
other party to the transaction, other than the purchase price.
"Department" means the Department of Financial and
Professional Regulation.
"Goods" means chattels, movable goods, merchandise, or
personal property or commodities of any form or type that may
be lawfully kept or offered for sale.
"Interactive computer service" means any information
service, system, or access software provider that provides or
enables computer access by multiple users to a computer server,
including specifically a service or system that provides access
to the Internet.
"Internet auction listing service" means a website on the
Internet, or other interactive computer service, that is
designed to allow or advertise as a means of allowing users to
offer personal property or services for sale or lease to a
prospective buyer or lessee through an on-line bid submission
process using that website or interactive computer service and
that does not examine, set the price, prepare the description

of the personal property or service to be offered, or in any
way utilize the services of a natural person as an auctioneer.
"Licensee" means any person licensed under this Act.
"Managing auctioneer" means any person licensed as an
auctioneer who manages and supervises licensees sponsored by an
auction firm or auctioneer.
"Person" means an individual, association, partnership,
corporation, or limited liability company or the officers,
directors, or employees of the same.
"Pre-renewal period" means the 24 months prior to the
expiration date of a license issued under this Act.
"Real estate" means real estate as defined in Section 1-10
of the Real Estate License Act of 2000 or its successor Acts.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation or his or her designee.
"Sponsoring auctioneer" means the auctioneer or auction
firm who has issued a sponsor card to a licensed auctioneer.
"Sponsor card" means the temporary permit issued by the
sponsoring auctioneer certifying that the licensee named
thereon is employed by or associated with the sponsoring
auctioneer and the sponsoring auctioneer shall be responsible
for the actions of the sponsored licensee.
(Source: P.A. 98-553, eff. 1-1-14.)
(225 ILCS 407/10-1)
(Section scheduled to be repealed on January 1, 2020)

Sec. 10-1. Necessity of license; exemptions.
(a) It is unlawful for any person, corporation, limited
liability company, partnership, or other entity to conduct an
auction, provide an auction service, hold himself or herself
out as an auctioneer, or advertise his or her services as an
auctioneer in the State of Illinois without a license issued by
the Department under this Act, except at:
(1) an auction conducted solely by or for a
not-for-profit organization for charitable purposes in
which the individual receives no compensation;
(2) an auction conducted by the owner of the property,
real or personal;
(3) an auction for the sale or lease of real property
conducted by a licensee under the Real Estate License Act,
or its successor Acts, in accordance with the terms of that
Act;
(4) an auction conducted by a business registered as a
market agency under the federal Packers and Stockyards Act
(7 U.S.C. 181 et seq.) or under the Livestock Auction
Market Law;
(5) an auction conducted by an agent, officer, or
employee of a federal agency in the conduct of his or her
official duties; and
(6) an auction conducted by an agent, officer, or
employee of the State government or any political
subdivision thereof performing his or her official duties.

(b) Nothing in this Act shall be construed to apply to a
new or used vehicle dealer or a vehicle auctioneer licensed by
the Secretary of State of Illinois, or to any employee of the
licensee, who is a resident of the State of Illinois, while the
employee is acting in the regular scope of his or her
employment for the licensee while conducting an auction that is
not open to the public, provided that only new or used vehicle
dealers, rebuilders, automotive parts recyclers, or scrap
processors licensed by the Secretary of State or licensed by
another state or jurisdiction may buy property at the auction,
or to sales by or through the licensee. Out-of-state salvage
vehicle buyers licensed in another state or jurisdiction may
also buy property at the auction.
(c) Nothing in this Act shall be construed to prohibit a
person under the age of 18 from selling property under $250 in
value while under the direct supervision of a licensed
auctioneer.
(d) Nothing in this Act, except Section 10-27, shall be
construed to apply to a person while providing an Internet
auction listing service as defined in Section 5-10 10-27.
(Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730,
eff. 8-25-09.)
(225 ILCS 407/10-27 rep.)
Section 20. The Auction License Act is amended by repealing
Section 10-27.

Section 30. The Real Estate License Act of 2000 is amended
by changing Sections 1-10, 5-20, 20-20, and 20-85 as follows:
(225 ILCS 454/1-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 1-10. Definitions. In this Act, unless the context
otherwise requires:
"Act" means the Real Estate License Act of 2000.
"Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
"Advisory Council" means the Real Estate Education
Advisory Council created under Section 30-10 of this Act.
"Agency" means a relationship in which a broker or
licensee, whether directly or through an affiliated licensee,
represents a consumer by the consumer's consent, whether
express or implied, in a real property transaction.
"Applicant" means any person, as defined in this Section,
who applies to the Department for a valid license as a managing
broker, broker, or leasing agent.
"Blind advertisement" means any real estate advertisement

that does not include the sponsoring broker's business name and
that is used by any licensee regarding the sale or lease of
real estate, including his or her own, licensed activities, or
the hiring of any licensee under this Act. The broker's
business name in the case of a franchise shall include the
franchise affiliation as well as the name of the individual
firm.
"Board" means the Real Estate Administration and
Disciplinary Board of the Department as created by Section
25-10 of this Act.
"Branch office" means a sponsoring broker's office other
than the sponsoring broker's principal office.
"Broker" means an individual, partnership, limited
liability company, corporation, or registered limited
liability partnership other than a leasing agent who, whether
in person or through any media or technology, for another and
for compensation, or with the intention or expectation of
receiving compensation, either directly or indirectly:
(1) Sells, exchanges, purchases, rents, or leases real
estate.
(2) Offers to sell, exchange, purchase, rent, or lease
real estate.
(3) Negotiates, offers, attempts, or agrees to
negotiate the sale, exchange, purchase, rental, or leasing
of real estate.
(4) Lists, offers, attempts, or agrees to list real

estate for sale, rent, lease, or exchange.
(5) Buys, sells, offers to buy or sell, or otherwise
deals in options on real estate or improvements thereon.
(6) Supervises the collection, offer, attempt, or
agreement to collect rent for the use of real estate.
(7) Advertises or represents himself or herself as
being engaged in the business of buying, selling,
exchanging, renting, or leasing real estate.
(8) Assists or directs in procuring or referring of
leads or prospects, intended to result in the sale,
exchange, lease, or rental of real estate.
(9) Assists or directs in the negotiation of any
transaction intended to result in the sale, exchange,
lease, or rental of real estate.
(10) Opens real estate to the public for marketing
purposes.
(11) Sells, rents, leases, or offers for sale or lease
real estate at auction.
(12) Prepares or provides a broker price opinion or
comparative market analysis as those terms are defined in
this Act, pursuant to the provisions of Section 10-45 of
this Act.
"Brokerage agreement" means a written or oral agreement
between a sponsoring broker and a consumer for licensed
activities to be provided to a consumer in return for
compensation or the right to receive compensation from another.

Brokerage agreements may constitute either a bilateral or a
unilateral agreement between the broker and the broker's client
depending upon the content of the brokerage agreement. All
exclusive brokerage agreements shall be in writing.
"Broker price opinion" means an estimate or analysis of the
probable selling price of a particular interest in real estate,
which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the sale
or rental of real estate.
"Client" means a person who is being represented by a
licensee.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a broker,
as defined in this Section, shall not be considered a

comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Compensation" means the valuable consideration given by
one person or entity to another person or entity in exchange
for the performance of some activity or service. Compensation
shall include the transfer of valuable consideration,
including without limitation the following:
(1) commissions;
(2) referral fees;
(3) bonuses;
(4) prizes;
(5) merchandise;
(6) finder fees;
(7) performance of services;
(8) coupons or gift certificates;
(9) discounts;
(10) rebates;
(11) a chance to win a raffle, drawing, lottery, or
similar game of chance not prohibited by any other law or
statute;
(12) retainer fee; or
(13) salary.
"Confidential information" means information obtained by a
licensee from a client during the term of a brokerage agreement
that (i) was made confidential by the written request or

written instruction of the client, (ii) deals with the
negotiating position of the client, or (iii) is information the
disclosure of which could materially harm the negotiating
position of the client, unless at any time:
(1) the client permits the disclosure of information
given by that client by word or conduct;
(2) the disclosure is required by law; or
(3) the information becomes public from a source other
than the licensee.
"Confidential information" shall not be considered to
include material information about the physical condition of
the property.
"Consumer" means a person or entity seeking or receiving
licensed activities.
"Continuing education school" means any person licensed by
the Department as a school for continuing education in
accordance with Section 30-15 of this Act.
"Coordinator" means the Coordinator of Real Estate created
in Section 25-15 of this Act.
"Credit hour" means 50 minutes of classroom instruction in
course work that meets the requirements set forth in rules
adopted by the Department.
"Customer" means a consumer who is not being represented by
the licensee but for whom the licensee is performing
ministerial acts.
"Department" means the Department of Financial and

Professional Regulation.
"Designated agency" means a contractual relationship
between a sponsoring broker and a client under Section 15-50 of
this Act in which one or more licensees associated with or
employed by the broker are designated as agent of the client.
"Designated agent" means a sponsored licensee named by a
sponsoring broker as the legal agent of a client, as provided
for in Section 15-50 of this Act.
"Dual agency" means an agency relationship in which a
licensee is representing both buyer and seller or both landlord
and tenant in the same transaction. When the agency
relationship is a designated agency, the question of whether
there is a dual agency shall be determined by the agency
relationships of the designated agent of the parties and not of
the sponsoring broker.
"Employee" or other derivative of the word "employee", when
used to refer to, describe, or delineate the relationship
between a sponsoring broker and a managing broker, broker, or a
leasing agent, shall be construed to include an independent
contractor relationship, provided that a written agreement
exists that clearly establishes and states the relationship.
All responsibilities of a broker shall remain.
"Escrow moneys" means all moneys, promissory notes or any
other type or manner of legal tender or financial consideration
deposited with any person for the benefit of the parties to the
transaction. A transaction exists once an agreement has been

reached and an accepted real estate contract signed or lease
agreed to by the parties. Escrow moneys includes without
limitation earnest moneys and security deposits, except those
security deposits in which the person holding the security
deposit is also the sole owner of the property being leased and
for which the security deposit is being held.
"Electronic means of proctoring" means a methodology
providing assurance that the person taking a test and
completing the answers to questions is the person seeking
licensure or credit for continuing education and is doing so
without the aid of a third party or other device.
"Exclusive brokerage agreement" means a written brokerage
agreement that provides that the sponsoring broker has the sole
right, through one or more sponsored licensees, to act as the
exclusive designated agent or representative of the client and
that meets the requirements of Section 15-75 of this Act.
"Inoperative" means a status of licensure where the
licensee holds a current license under this Act, but the
licensee is prohibited from engaging in licensed activities
because the licensee is unsponsored or the license of the
sponsoring broker with whom the licensee is associated or by
whom he or she is employed is currently expired, revoked,
suspended, or otherwise rendered invalid under this Act.
"Interactive delivery method" means delivery of a course by
an instructor through a medium allowing for 2-way communication
between the instructor and a student in which either can

initiate or respond to questions.
"Leads" means the name or names of a potential buyer,
seller, lessor, lessee, or client of a licensee.
"Leasing Agent" means a person who is employed by a broker
to engage in licensed activities limited to leasing residential
real estate who has obtained a license as provided for in
Section 5-5 of this Act.
"License" means the document issued by the Department
certifying that the person named thereon has fulfilled all
requirements prerequisite to licensure under this Act.
"Licensed activities" means those activities listed in the
definition of "broker" under this Section.
"Licensee" means any person, as defined in this Section,
who holds a valid unexpired license as a managing broker,
broker, or leasing agent.
"Listing presentation" means a communication between a
managing broker or broker and a consumer in which the licensee
is attempting to secure a brokerage agreement with the consumer
to market the consumer's real estate for sale or lease.
"Managing broker" means a broker who has supervisory
responsibilities for licensees in one or, in the case of a
multi-office company, more than one office and who has been
appointed as such by the sponsoring broker.
"Medium of advertising" means any method of communication
intended to influence the general public to use or purchase a
particular good or service or real estate.

"Ministerial acts" means those acts that a licensee may
perform for a consumer that are informative or clerical in
nature and do not rise to the level of active representation on
behalf of a consumer. Examples of these acts include without
limitation (i) responding to phone inquiries by consumers as to
the availability and pricing of brokerage services, (ii)
responding to phone inquiries from a consumer concerning the
price or location of property, (iii) attending an open house
and responding to questions about the property from a consumer,
(iv) setting an appointment to view property, (v) responding to
questions of consumers walking into a licensee's office
concerning brokerage services offered or particular
properties, (vi) accompanying an appraiser, inspector,
contractor, or similar third party on a visit to a property,
(vii) describing a property or the property's condition in
response to a consumer's inquiry, (viii) completing business or
factual information for a consumer on an offer or contract to
purchase on behalf of a client, (ix) showing a client through a
property being sold by an owner on his or her own behalf, or
(x) referral to another broker or service provider.
"Office" means a broker's place of business where the
general public is invited to transact business and where
records may be maintained and licenses displayed, whether or
not it is the broker's principal place of business.
"Person" means and includes individuals, entities,
corporations, limited liability companies, registered limited

liability partnerships, and partnerships, foreign or domestic,
except that when the context otherwise requires, the term may
refer to a single individual or other described entity.
"Personal assistant" means a licensed or unlicensed person
who has been hired for the purpose of aiding or assisting a
sponsored licensee in the performance of the sponsored
licensee's job.
"Pocket card" means the card issued by the Department to
signify that the person named on the card is currently licensed
under this Act.
"Pre-license school" means a school licensed by the
Department offering courses in subjects related to real estate
transactions, including the subjects upon which an applicant is
examined in determining fitness to receive a license.
"Pre-renewal period" means the period between the date of
issue of a currently valid license and the license's expiration
date.
"Proctor" means any person, including, but not limited to,
an instructor, who has a written agreement to administer
examinations fairly and impartially with a licensed
pre-license school or a licensed continuing education school.
"Real estate" means and includes leaseholds as well as any
other interest or estate in land, whether corporeal,
incorporeal, freehold, or non-freehold, including timeshare
interests, and whether the real estate is situated in this
State or elsewhere. "Real estate" does not include property

sold, exchanged, or leased as a timeshare or similar vacation
item or interest, vacation club membership, or other activity
formerly regulated under the Real Estate Timeshare Act of 1999
(repealed).
"Regular employee" means a person working an average of 20
hours per week for a person or entity who would be considered
as an employee under the Internal Revenue Service eleven main
tests in three categories being behavioral control, financial
control and the type of relationship of the parties, formerly
the twenty factor test.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation, or a person authorized
by the Secretary to act in the Secretary's stead.
"Sponsoring broker" means the broker who has issued a
sponsor card to a licensed managing broker, broker, or a
leasing agent.
"Sponsor card" means the temporary permit issued by the
sponsoring broker certifying that the managing broker, broker,
or leasing agent named thereon is employed by or associated by
written agreement with the sponsoring broker, as provided for
in Section 5-40 of this Act.
(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15;
99-227, eff. 8-3-15.)
(225 ILCS 454/5-20)
(Section scheduled to be repealed on January 1, 2020)

Sec. 5-20. Exemptions from managing broker, broker, or
leasing agent license requirement. The requirement for holding
a license under this Article 5 shall not apply to:
(1) Any person, partnership, or corporation that as
owner or lessor performs any of the acts described in the
definition of "broker" under Section 1-10 of this Act with
reference to property owned or leased by it, or to the
regular employees thereof with respect to the property so
owned or leased, where such acts are performed in the
regular course of or as an incident to the management,
sale, or other disposition of such property and the
investment therein, provided that such regular employees
do not perform any of the acts described in the definition
of "broker" under Section 1-10 of this Act in connection
with a vocation of selling or leasing any real estate or
the improvements thereon not so owned or leased.
(2) An attorney in fact acting under a duly executed
and recorded power of attorney to convey real estate from
the owner or lessor or the services rendered by an attorney
at law in the performance of the attorney's duty as an
attorney at law.
(3) Any person acting as receiver, trustee in
bankruptcy, administrator, executor, or guardian or while
acting under a court order or under the authority of a will
or testamentary trust.
(4) Any person acting as a resident manager for the

owner or any employee acting as the resident manager for a
broker managing an apartment building, duplex, or
apartment complex, when the resident manager resides on the
premises, the premises is his or her primary residence, and
the resident manager is engaged in the leasing of the
property of which he or she is the resident manager.
(5) Any officer or employee of a federal agency in the
conduct of official duties.
(6) Any officer or employee of the State government or
any political subdivision thereof performing official
duties.
(7) Any multiple listing service or other similar
information exchange that is engaged in the collection and
dissemination of information concerning real estate
available for sale, purchase, lease, or exchange for the
purpose of providing licensees with a system by which
licensees may cooperatively share information along with
which no other licensed activities, as defined in Section
1-10 of this Act, are provided.
(8) Railroads and other public utilities regulated by
the State of Illinois, or the officers or full time
employees thereof, unless the performance of any licensed
activities is in connection with the sale, purchase, lease,
or other disposition of real estate or investment therein
not needing the approval of the appropriate State
regulatory authority.

(9) Any medium of advertising in the routine course of
selling or publishing advertising along with which no other
licensed activities, as defined in Section 1-10 of this
Act, are provided.
(10) Any resident lessee of a residential dwelling unit
who refers for compensation to the owner of the dwelling
unit, or to the owner's agent, prospective lessees of
dwelling units in the same building or complex as the
resident lessee's unit, but only if the resident lessee (i)
refers no more than 3 prospective lessees in any 12-month
period, (ii) receives compensation of no more than $1,500
or the equivalent of one month's rent, whichever is less,
in any 12-month period, and (iii) limits his or her
activities to referring prospective lessees to the owner,
or the owner's agent, and does not show a residential
dwelling unit to a prospective lessee, discuss terms or
conditions of leasing a dwelling unit with a prospective
lessee, or otherwise participate in the negotiation of the
leasing of a dwelling unit.
(11) The purchase, sale, or transfer of a timeshare or
similar vacation item or interest, vacation club
membership, or other activity formerly regulated under the
Real Estate Timeshare Act of 1999 (repealed) An exchange
company registered under the Real Estate Timeshare Act of
1999 and the regular employees of that registered exchange
company but only when conducting an exchange program as

defined in that Act.
(12) (Blank). An existing timeshare owner who, for
compensation, refers prospective purchasers, but only if
the existing timeshare owner (i) refers no more than 20
prospective purchasers in any calendar year, (ii) receives
no more than $1,000, or its equivalent, for referrals in
any calendar year and (iii) limits his or her activities to
referring prospective purchasers of timeshare interests to
the developer or the developer's employees or agents, and
does not show, discuss terms or conditions of purchase or
otherwise participate in negotiations with regard to
timeshare interests.
(13) Any person who is licensed without examination
under Section 10-25 (now repealed) of the Auction License
Act is exempt from holding a managing broker's or broker's
license under this Act for the limited purpose of selling
or leasing real estate at auction, so long as:
(A) that person has made application for said
exemption by July 1, 2000;
(B) that person verifies to the Department that he
or she has sold real estate at auction for a period of
5 years prior to licensure as an auctioneer;
(C) the person has had no lapse in his or her
license as an auctioneer; and
(D) the license issued under the Auction License
Act has not been disciplined for violation of those

provisions of Article 20 of the Auction License Act
dealing with or related to the sale or lease of real
estate at auction.
(14) A person who holds a valid license under the
Auction License Act and a valid real estate auction
certification and conducts auctions for the sale of real
estate under Section 5-32 of this Act.
(15) A hotel operator who is registered with the
Illinois Department of Revenue and pays taxes under the
Hotel Operators' Occupation Tax Act and rents a room or
rooms in a hotel as defined in the Hotel Operators'
Occupation Tax Act for a period of not more than 30
consecutive days and not more than 60 days in a calendar
year.
(Source: P.A. 98-553, eff. 1-1-14; 99-227, eff. 8-3-15.)
(225 ILCS 454/20-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-20. Grounds for discipline.
(a) The Department may refuse to issue or renew a license,
may place on probation, suspend, or revoke any license,
reprimand, or take any other disciplinary or non-disciplinary
action as the Department may deem proper and impose a fine not
to exceed $25,000 upon any licensee or applicant under this Act
or any person who holds himself or herself out as an applicant
or licensee or against a licensee in handling his or her own

property, whether held by deed, option, or otherwise, for any
one or any combination of the following causes:
(1) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) The conviction of or plea of guilty or plea of nolo
contendere to a felony or misdemeanor in this State or any
other jurisdiction; or the entry of an administrative
sanction by a government agency in this State or any other
jurisdiction. Action taken under this paragraph (2) for a
misdemeanor or an administrative sanction is limited to a
misdemeanor or administrative sanction that has as an
essential element dishonesty or fraud or involves larceny,
embezzlement, or obtaining money, property, or credit by
false pretenses or by means of a confidence game.
(3) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(4) Practice under this Act as a licensee in a retail
sales establishment from an office, desk, or space that is
not separated from the main retail business by a separate
and distinct area within the establishment.
(5) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, or a

governmental agency authorized to impose discipline if at
least one of the grounds for that discipline is the same as
or the equivalent of one of the grounds for which a
licensee may be disciplined under this Act. A certified
copy of the record of the action by the other state or
jurisdiction shall be prima facie evidence thereof.
(6) Engaging in the practice of real estate brokerage
without a license or after the licensee's license was
expired or while the license was inoperative.
(7) Cheating on or attempting to subvert the Real
Estate License Exam or continuing education exam.
(8) Aiding or abetting an applicant to subvert or cheat
on the Real Estate License Exam or continuing education
exam administered pursuant to this Act.
(9) Advertising that is inaccurate, misleading, or
contrary to the provisions of the Act.
(10) Making any substantial misrepresentation or
untruthful advertising.
(11) Making any false promises of a character likely to
influence, persuade, or induce.
(12) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through
licensees, employees, agents, advertising, or otherwise.
(13) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any real
estate organization of which the licensee is not a member.

(14) Acting for more than one party in a transaction
without providing written notice to all parties for whom
the licensee acts.
(15) Representing or attempting to represent a broker
other than the sponsoring broker.
(16) Failure to account for or to remit any moneys or
documents coming into his or her possession that belong to
others.
(17) Failure to maintain and deposit in a special
account, separate and apart from personal and other
business accounts, all escrow moneys belonging to others
entrusted to a licensee while acting as a broker, escrow
agent, or temporary custodian of the funds of others or
failure to maintain all escrow moneys on deposit in the
account until the transactions are consummated or
terminated, except to the extent that the moneys, or any
part thereof, shall be:
(A) disbursed prior to the consummation or
termination (i) in accordance with the written
direction of the principals to the transaction or their
duly authorized agents, (ii) in accordance with
directions providing for the release, payment, or
distribution of escrow moneys contained in any written
contract signed by the principals to the transaction or
their duly authorized agents, or (iii) pursuant to an
order of a court of competent jurisdiction; or

(B) deemed abandoned and transferred to the Office
of the State Treasurer to be handled as unclaimed
property pursuant to the Uniform Disposition of
Unclaimed Property Act. Escrow moneys may be deemed
abandoned under this subparagraph (B) only: (i) in the
absence of disbursement under subparagraph (A); (ii)
in the absence of notice of the filing of any claim in
a court of competent jurisdiction; and (iii) if 6
months have elapsed after the receipt of a written
demand for the escrow moneys from one of the principals
to the transaction or the principal's duly authorized
agent.
The account shall be noninterest bearing, unless the
character of the deposit is such that payment of interest
thereon is otherwise required by law or unless the
principals to the transaction specifically require, in
writing, that the deposit be placed in an interest bearing
account.
(18) Failure to make available to the Department all
escrow records and related documents maintained in
connection with the practice of real estate within 24 hours
of a request for those documents by Department personnel.
(19) Failing to furnish copies upon request of
documents relating to a real estate transaction to a party
who has executed that document.
(20) Failure of a sponsoring broker to timely provide

information, sponsor cards, or termination of licenses to
the Department.
(21) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(22) Commingling the money or property of others with
his or her own money or property.
(23) Employing any person on a purely temporary or
single deal basis as a means of evading the law regarding
payment of commission to nonlicensees on some contemplated
transactions.
(24) Permitting the use of his or her license as a
broker to enable a leasing agent or unlicensed person to
operate a real estate business without actual
participation therein and control thereof by the broker.
(25) Any other conduct, whether of the same or a
different character from that specified in this Section,
that constitutes dishonest dealing.
(26) Displaying a "for rent" or "for sale" sign on any
property without the written consent of an owner or his or
her duly authorized agent or advertising by any means that
any property is for sale or for rent without the written
consent of the owner or his or her authorized agent.
(27) Failing to provide information requested by the
Department, or otherwise respond to that request, within 30
days of the request.

(28) Advertising by means of a blind advertisement,
except as otherwise permitted in Section 10-30 of this Act.
(29) Offering guaranteed sales plans, as defined in
clause (A) of this subdivision (29), except to the extent
hereinafter set forth:
(A) A "guaranteed sales plan" is any real estate
purchase or sales plan whereby a licensee enters into a
conditional or unconditional written contract with a
seller, prior to entering into a brokerage agreement
with the seller, by the terms of which a licensee
agrees to purchase a property of the seller within a
specified period of time at a specific price in the
event the property is not sold in accordance with the
terms of a brokerage agreement to be entered into
between the sponsoring broker and the seller.
(B) A licensee offering a guaranteed sales plan
shall provide the details and conditions of the plan in
writing to the party to whom the plan is offered.
(C) A licensee offering a guaranteed sales plan
shall provide to the party to whom the plan is offered
evidence of sufficient financial resources to satisfy
the commitment to purchase undertaken by the broker in
the plan.
(D) Any licensee offering a guaranteed sales plan
shall undertake to market the property of the seller
subject to the plan in the same manner in which the

broker would market any other property, unless the
agreement with the seller provides otherwise.
(E) The licensee cannot purchase seller's property
until the brokerage agreement has ended according to
its terms or is otherwise terminated.
(F) Any licensee who fails to perform on a
guaranteed sales plan in strict accordance with its
terms shall be subject to all the penalties provided in
this Act for violations thereof and, in addition, shall
be subject to a civil fine payable to the party injured
by the default in an amount of up to $25,000.
(30) Influencing or attempting to influence, by any
words or acts, a prospective seller, purchaser, occupant,
landlord, or tenant of real estate, in connection with
viewing, buying, or leasing real estate, so as to promote
or tend to promote the continuance or maintenance of
racially and religiously segregated housing or so as to
retard, obstruct, or discourage racially integrated
housing on or in any street, block, neighborhood, or
community.
(31) Engaging in any act that constitutes a violation
of any provision of Article 3 of the Illinois Human Rights
Act, whether or not a complaint has been filed with or
adjudicated by the Human Rights Commission.
(32) Inducing any party to a contract of sale or lease
or brokerage agreement to break the contract of sale or

lease or brokerage agreement for the purpose of
substituting, in lieu thereof, a new contract for sale or
lease or brokerage agreement with a third party.
(33) Negotiating a sale, exchange, or lease of real
estate directly with any person if the licensee knows that
the person has an exclusive brokerage agreement with
another broker, unless specifically authorized by that
broker.
(34) When a licensee is also an attorney, acting as the
attorney for either the buyer or the seller in the same
transaction in which the licensee is acting or has acted as
a managing broker or broker.
(35) Advertising or offering merchandise or services
as free if any conditions or obligations necessary for
receiving the merchandise or services are not disclosed in
the same advertisement or offer. These conditions or
obligations include without limitation the requirement
that the recipient attend a promotional activity or visit a
real estate site. As used in this subdivision (35), "free"
includes terms such as "award", "prize", "no charge", "free
of charge", "without charge", and similar words or phrases
that reasonably lead a person to believe that he or she may
receive or has been selected to receive something of value,
without any conditions or obligations on the part of the
recipient.
(36) (Blank). Disregarding or violating any provision

of the Land Sales Registration Act of 1989, the Illinois
Real Estate Time-Share Act, or the published rules
promulgated by the Department to enforce those Acts.
(37) Violating the terms of a disciplinary order issued
by the Department.
(38) Paying or failing to disclose compensation in
violation of Article 10 of this Act.
(39) Requiring a party to a transaction who is not a
client of the licensee to allow the licensee to retain a
portion of the escrow moneys for payment of the licensee's
commission or expenses as a condition for release of the
escrow moneys to that party.
(40) Disregarding or violating any provision of this
Act or the published rules promulgated by the Department to
enforce this Act or aiding or abetting any individual,
partnership, registered limited liability partnership,
limited liability company, or corporation in disregarding
any provision of this Act or the published rules
promulgated by the Department to enforce this Act.
(41) Failing to provide the minimum services required
by Section 15-75 of this Act when acting under an exclusive
brokerage agreement.
(42) Habitual or excessive use or addiction to alcohol,
narcotics, stimulants, or any other chemical agent or drug
that results in a managing broker, broker, or leasing
agent's inability to practice with reasonable skill or

safety.
(43) Enabling, aiding, or abetting an auctioneer, as
defined in the Auction License Act, to conduct a real
estate auction in a manner that is in violation of this
Act.
(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's

license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) of Section 2105-15
of the Civil Administrative Code of Illinois.
(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination, when
directed, shall be grounds for suspension of his or her license
until the individual submits to the examination if the
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to

practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 30 days after
the suspension and completed without appreciable delay. The
Department and Board shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the
confidentiality of medical records.
An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;
99-227, eff. 8-3-15.)
(225 ILCS 454/20-85)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-85. Recovery from Real Estate Recovery Fund. The
Department shall maintain a Real Estate Recovery Fund from
which any person aggrieved by an act, representation,
transaction, or conduct of a licensee or unlicensed employee of
a licensee that is in violation of this Act or the rules
promulgated pursuant thereto, constitutes embezzlement of
money or property, or results in money or property being
unlawfully obtained from any person by false pretenses,
artifice, trickery, or forgery or by reason of any fraud,
misrepresentation, discrimination, or deceit by or on the part
of any such licensee or the unlicensed employee of a licensee
and that results in a loss of actual cash money, as opposed to
losses in market value, may recover. The aggrieved person may
recover, by a post-judgment order of the circuit court of the
county where the violation occurred in a proceeding described
in Section 20-90 of this Act, an amount of not more than
$25,000 from the Fund for damages sustained by the act,

representation, transaction, or conduct, together with costs
of suit and attorney's fees incurred in connection therewith of
not to exceed 15% of the amount of the recovery ordered paid
from the Fund. However, no person may recover from the Fund
unless the court finds that the person suffered a loss
resulting from intentional misconduct. The post-judgment order
shall not include interest on the judgment. The maximum
liability against the Fund arising out of any one act shall be
as provided in this Section, and the post-judgment order shall
spread the award equitably among all co-owners or otherwise
aggrieved persons, if any. The maximum liability against the
Fund arising out of the activities of any one licensee or one
unlicensed employee of a licensee, since January 1, 1974, shall
be $100,000. Nothing in this Section shall be construed to
authorize recovery from the Fund unless the loss of the
aggrieved person results from an act or omission of a licensee
under this Act who was at the time of the act or omission
acting in such capacity or was apparently acting in such
capacity or their unlicensed employee and unless the aggrieved
person has obtained a valid judgment and post-judgment order of
the court as provided for in Section 20-90 of this Act. No
person aggrieved by an act, representation, or transaction that
is in violation of the Illinois Real Estate Time-Share Act or
the Land Sales Registration Act of 1989 may recover from the
Fund.
(Source: P.A. 99-227, eff. 8-3-15.)

Section 45. The Unified Code of Corrections is amended by
changing Section 5-5-5 as follows:
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and Restoration of Rights.
(a) Conviction and disposition shall not entail the loss by
the defendant of any civil rights, except under this Section
and Sections 29-6 and 29-10 of The Election Code, as now or
hereafter amended.
(b) A person convicted of a felony shall be ineligible to
hold an office created by the Constitution of this State until
the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his right
to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights and
privileges granted under the authority of this State which have
been revoked or suspended because of conviction of an offense
shall be restored unless the authority having jurisdiction of
such license rights finds after investigation and hearing that
restoration is not in the public interest. This paragraph (d)
shall not apply to the suspension or revocation of a license to
operate a motor vehicle under the Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or parole,

or upon a person's discharge from probation or at any time
thereafter, the committing court may enter an order certifying
that the sentence has been satisfactorily completed when the
court believes it would assist in the rehabilitation of the
person and be consistent with the public welfare. Such order
may be entered upon the motion of the defendant or the State or
upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the
person in whose favor the order has been entered a certificate
stating that his behavior after conviction has warranted the
issuance of the order.
(g) This Section shall not affect the right of a defendant
to collaterally attack his conviction or to rely on it in bar
of subsequent proceedings for the same offense.
(h) No application for any license specified in subsection
(i) of this Section granted under the authority of this State
shall be denied by reason of an eligible offender who has
obtained a certificate of relief from disabilities, as defined
in Article 5.5 of this Chapter, having been previously
convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when the finding is
based upon the fact that the applicant has previously been
convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought; or

(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency shall
consider the following factors:
(1) the public policy of this State, as expressed in
Article 5.5 of this Chapter, to encourage the licensure and
employment of persons previously convicted of one or more
criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted will
have on his or her fitness or ability to perform one or
more such duties and responsibilities;
(4) the time which has elapsed since the occurrence of
the criminal offense or offenses;
(5) the age of the person at the time of occurrence of
the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or produced
on his or her behalf in regard to his or her rehabilitation
and good conduct, including a certificate of relief from
disabilities issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to
the offense or offenses specified in the certificate; and

(8) the legitimate interest of the licensing agency in
protecting property, and the safety and welfare of specific
individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:
(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide
for the issuance or restoration of a license under the
Animal Welfare Act for any person convicted of violating
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
Care for Animals Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
and Nail Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer Regulation
Act;
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of
1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Interior Design Title Act;
(9) the Illinois Professional Land Surveyor Act of
1989;

(10) the Illinois Landscape Architecture Act of 1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
1989;
(17) the Water Well and Pump Installation Contractor's
License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietitian Nutritionist Practice Act;
(22) the Environmental Health Practitioner Licensing
Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) (blank) the Land Sales Registration Act of 1999;
(25) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
1-25-13; 98-756, eff. 7-16-14.)

(765 ILCS 86/Act rep.)
Section 95. The Land Sales Registration Act of 1999 is
repealed.
(765 ILCS 101/Act rep.)
Section 100. The Real Estate Timeshare Act of 1999 is
repealed.
Section 105. The Ticket Sale and Resale Act is amended by
changing Section 1.5 as follows:
(815 ILCS 414/1.5) (was 720 ILCS 375/1.5)
Sec. 1.5. Sale of tickets at more than face value
prohibited; exceptions.
(a) Except as otherwise provided in subsections (b), (c),
(d), (e), and (f-5) of this Section and in Section 4, it is
unlawful for any person, persons, firm or corporation to sell
tickets for baseball games, football games, hockey games,
theatre entertainments, or any other amusement for a price more
than the price printed upon the face of said ticket, and the
price of said ticket shall correspond with the same price shown
at the box office or the office of original distribution.
(b) This Act does not apply to the resale of tickets of
admission to a sporting event, theater, musical performance, or
place of public entertainment or amusement of any kind for a

price in excess of the printed box office ticket price by a
ticket broker who meets all of the following requirements:
(1) The ticket broker is duly registered with the
Office of the Secretary of State on a registration form
provided by that Office. The registration must contain a
certification that the ticket broker:
(A) engages in the resale of tickets on a regular
and ongoing basis from one or more permanent or fixed
locations located within this State;
(B) maintains as the principal business activity
at those locations the resale of tickets;
(C) displays at those locations the ticket
broker's registration;
(D) maintains at those locations a listing of the
names and addresses of all persons employed by the
ticket broker;
(E) is in compliance with all applicable federal,
State, and local laws relating to its ticket selling
activities, and that neither the ticket broker nor any
of its employees within the preceding 12 months have
been convicted of a violation of this Act; and
(F) meets the following requirements:
(i) the ticket broker maintains a toll free
number specifically dedicated for Illinois
consumer complaints and inquiries concerning
ticket sales;

(ii) the ticket broker has adopted a code that
advocates consumer protection that includes, at a
minimum:
(a-1) consumer protection guidelines;
(b-1) a standard refund policy. In the
event a refund is due, the ticket broker shall
provide that refund without charge other than
for reasonable delivery fees for the return of
the tickets; and
(c-1) standards of professional conduct;
(iii) the ticket broker has adopted a
procedure for the binding resolution of consumer
complaints by an independent, disinterested third
party and thereby submits to the jurisdiction of
the State of Illinois; and
(iv) the ticket broker has established and
maintains a consumer protection rebate fund in
Illinois in an amount in excess of $100,000, which
must be cash available for immediate disbursement
for satisfaction of valid consumer complaints.
Alternatively, the ticket broker may fulfill the
requirements of subparagraph (F) of this paragraph (1) if
the ticket broker certifies that he or she belongs to a
professional association organized under the laws of this
State, or organized under the laws of any other state and
authorized to conduct business in Illinois, that has been

in existence for at least 3 years prior to the date of that
broker's registration with the Office of the Secretary of
State, and is specifically dedicated, for and on behalf of
its members, to provide and maintain the consumer
protection requirements of subparagraph (F) of this
paragraph (1) to maintain the integrity of the ticket
brokerage industry.
(2) (Blank).
(3) The ticket broker and his employees must not engage
in the practice of selling, or attempting to sell, tickets
for any event while sitting or standing near the facility
at which the event is to be held or is being held unless
the ticket broker or his or her employees are on property
they own, lease, or have permission to occupy.
(4) The ticket broker must comply with all requirements
of the Retailers' Occupation Tax Act and collect and remit
all other applicable federal, State and local taxes in
connection with the ticket broker's ticket selling
activities.
(5) Beginning January 1, 1996, no ticket broker shall
advertise for resale any tickets within this State unless
the advertisement contains the name of the ticket broker
and the Illinois registration number issued by the Office
of the Secretary of State under this Section.
(6) Each ticket broker registered under this Act shall
pay an annual registration fee of $100.

(c) This Act does not apply to the sale of tickets of
admission to a sporting event, theater, musical performance, or
place of public entertainment or amusement of any kind for a
price in excess of the printed box office ticket price by a
reseller engaged in interstate or intrastate commerce on an
Internet auction listing service duly registered with the
Department of Financial and Professional Regulation under the
Auction License Act and with the Office of the Secretary of
State on a registration form provided by that Office. This
subsection (c) applies to both sales through an online bid
submission process and sales at a fixed price on the same
website or interactive computer service as an Internet auction
listing service registered with the Department of Financial and
Professional Regulation.
This subsection (c) applies to resales described in this
subsection only if the operator of the Internet auction listing
service meets the following requirements:
(1) the operator maintains a listing of the names and
addresses of its corporate officers;
(2) the operator is in compliance with all applicable
federal, State, and local laws relating to ticket selling
activities, and the operator's officers and directors have
not been convicted of a violation of this Act within the
preceding 12 months;
(3) the operator maintains, either itself or through an
affiliate, a toll free number dedicated for consumer

complaints;
(4) the operator provides consumer protections that
include at a minimum:
(A) consumer protection guidelines;
(B) a standard refund policy that guarantees to all
purchasers that it will provide and in fact provides a
full refund of the amount paid by the purchaser
(including, but not limited to, all fees, regardless of
how characterized) if the following occurs:
(i) the ticketed event is cancelled and the
purchaser returns the tickets to the seller or
Internet auction listing service; however,
reasonable delivery fees need not be refunded if
the previously disclosed guarantee specifies that
the fees will not be refunded if the event is
cancelled;
(ii) the ticket received by the purchaser does
not allow the purchaser to enter the ticketed event
for reasons that may include, without limitation,
that the ticket is counterfeit or that the ticket
has been cancelled by the issuer due to
non-payment, unless the ticket is cancelled due to
an act or omission by such purchaser;
(iii) the ticket fails to conform to its
description on the Internet auction listing
service; or

(iv) the ticket seller willfully fails to send
the ticket or tickets to the purchaser, or the
ticket seller attempted to deliver the ticket or
tickets to the purchaser in the manner required by
the Internet auction listing service and the
purchaser failed to receive the ticket or tickets;
and
(C) standards of professional conduct;
(5) the operator has adopted an independent and
disinterested dispute resolution procedure that allows
resellers or purchasers to file complaints against the
other and have those complaints mediated or resolved by a
third party, and requires the resellers or purchasers to
submit to the jurisdiction of the State of Illinois for
complaints involving a ticketed event held in Illinois;
(6) the operator either:
(A) complies with all applicable requirements of
the Retailers' Occupation Tax Act and collects and
remits all applicable federal, State, and local taxes;
or
(B) publishes a written notice on the website after
the sale of one or more tickets that automatically
informs the ticket reseller of the ticket reseller's
potential legal obligation to pay any applicable local
amusement tax in connection with the reseller's sale of
tickets, and discloses to law enforcement or other

government tax officials, without subpoena, the name,
city, state, telephone number, e-mail address, user ID
history, fraud complaints, and bidding and listing
history of any specifically identified reseller or
purchaser upon the receipt of a verified request from
law enforcement or other government tax officials
relating to a criminal investigation or alleged
illegal activity; and
(7) the operator either:
(A) has established and maintains a consumer
protection rebate fund in Illinois in an amount in
excess of $100,000, which must be cash available for
immediate disbursement for satisfaction of valid
consumer complaints; or
(B) has obtained and maintains in force an errors
and omissions insurance policy that provides at least
$100,000 in coverage and proof that the policy has been
filed with the Department of Financial and
Professional Regulation.
(d) This Act does not apply to the resale of tickets of
admission to a sporting event, theater, musical performance, or
place of public entertainment or amusement of any kind for a
price in excess of the printed box office ticket price
conducted at an auction solely by or for a not-for-profit
organization for charitable purposes under clause (a)(1) of
Section 10-1 of the Auction License Act.

(e) This Act does not apply to the resale of a ticket for
admission to a baseball game, football game, hockey game,
theatre entertainment, or any other amusement for a price more
than the price printed on the face of the ticket and for more
than the price of the ticket at the box office if the resale is
made through an Internet website whose operator meets the
following requirements:
(1) the operator has a business presence and physical
street address in the State of Illinois and clearly and
conspicuously posts that address on the website;
(2) the operator maintains a listing of the names of
the operator's directors and officers, and is duly
registered with the Office of the Secretary of State on a
registration form provided by that Office;
(3) the operator is in compliance with all applicable
federal, State, and local laws relating to its ticket
reselling activities regulated under this Act, and the
operator's officers and directors have not been convicted
of a violation of this Act within the preceding 12 months;
(4) the operator maintains a toll free number
specifically dedicated for consumer complaints and
inquiries regarding ticket resales made through the
website;
(5) the operator either:
(A) has established and maintains a consumer
protection rebate fund in Illinois in an amount in

excess of $100,000, which must be cash available for
immediate disbursement for satisfaction of valid
consumer complaints; or
(B) has obtained and maintains in force an errors
and omissions policy of insurance in the minimum amount
of $100,000 for the satisfaction of valid consumer
complaints;
(6) the operator has adopted an independent and
disinterested dispute resolution procedure that allows
resellers or purchasers to file complaints against the
other and have those complaints mediated or resolved by a
third party, and requires the resellers or purchasers to
submit to the jurisdiction of the State of Illinois for
complaints involving a ticketed event held in Illinois;
(7) the operator either:
(A) complies with all applicable requirements of
the Retailers' Occupation Tax Act and collects and
remits all applicable federal, State, and local taxes;
or
(B) publishes a written notice on the website after
the sale of one or more tickets that automatically
informs the ticket reseller of the ticket reseller's
potential legal obligation to pay any applicable local
amusement tax in connection with the reseller's sale of
tickets, and discloses to law enforcement or other
government tax officials, without subpoena, the name,

city, state, telephone number, e-mail address, user ID
history, fraud complaints, and bidding and listing
history of any specifically identified reseller or
purchaser upon the receipt of a verified request from
law enforcement or other government tax officials
relating to a criminal investigation or alleged
illegal activity; and
(8) the operator guarantees to all purchasers that it
will provide and in fact provides a full refund of the
amount paid by the purchaser (including, but not limited
to, all fees, regardless of how characterized) if any of
the following occurs:
(A) the ticketed event is cancelled and the
purchaser returns the tickets to the website operator;
however, reasonable delivery fees need not be refunded
if the previously disclosed guarantee specifies that
the fees will not be refunded if the event is
cancelled;
(B) the ticket received by the purchaser does not
allow the purchaser to enter the ticketed event for
reasons that may include, without limitation, that the
ticket is counterfeit or that the ticket has been
cancelled by the issuer due to non-payment, unless the
ticket is cancelled due to an act or omission by the
purchaser;
(C) the ticket fails to conform to its description

on the website; or
(D) the ticket seller willfully fails to send the
ticket or tickets to the purchaser, or the ticket
seller attempted to deliver the ticket or tickets to
the purchaser in the manner required by the website
operator and the purchaser failed to receive the ticket
or tickets.
Nothing in this subsection (e) shall be deemed to imply any
limitation on ticket sales made in accordance with subsections
(b), (c), and (d) of this Section or any limitation on sales
made in accordance with Section 4.
(f) The provisions of subsections (b), (c), (d), and (e) of
this Section apply only to the resale of a ticket after the
initial sale of that ticket. No reseller of a ticket may refuse
to sell tickets to another ticket reseller solely on the basis
that the purchaser is a ticket reseller or ticket broker
authorized to resell tickets pursuant to this Act.
(f-5) In addition to the requirements imposed under
subsections (b), (c), (d), (e), and (f) of this Section, ticket
brokers and resellers must comply with the requirements of this
subsection. Before accepting any payment from a purchaser, a
ticket broker or reseller must disclose to the purchaser in a
clear, conspicuous, and readily noticeable manner the
following information:
(1) the registered name and city of the event venue;
(2) that the ticket broker or reseller is not the event

venue box office or its licensed ticket agent, but is,
instead, a ticket broker or reseller and that lost or
stolen tickets may be reissued only by ticket brokers or
resellers;
(3) whether it is registered under this Act; and
(4) its refund policy, name, and contact information.
Before selling and accepting payment for a ticket, a ticket
broker or reseller must require the purchaser to acknowledge by
an affirmative act the disclosures required under this
subsection. The disclosures required by this subsection must be
made in a clear and conspicuous manner, appear together, and be
preceded by the heading "IMPORTANT NOTICE" which must be in
bold face font that is larger than the font size of the
required disclosures.
Ticket brokers and resellers must guarantee a full refund
of the amount paid by the purchaser, including handling and
delivery fees, if any of the following occurs:
(1) the ticket received by the purchaser does not grant
the purchaser admission to the event described on the
ticket, unless it is due to an act or omission by the
purchaser;
(2) the ticket fails to conform substantially to its
description as advertised; or
(3) the event for which the ticket has been resold is
cancelled and not rescheduled.
This subsection (f-5) does not apply to an Internet auction

listing service registered with the Department of Financial and
Professional Regulation as required under the Auction License
Act.
(g) The provisions of Public Act 89-406 are severable under
Section 1.31 of the Statute on Statutes.
(h) The provisions of this amendatory Act of the 94th
General Assembly are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 99-431, eff. 1-1-16.)
Section 999. Effective date. This Act takes effect upon
becoming law.