Bill Text: IL SB1821 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html
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-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Regulatory Sunset Act is amended by changing | ||||||
5 | Section 4.30 as follows:
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6 | (5 ILCS 80/4.30) | ||||||
7 | Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||||
8 | Acts are repealed on January 1, 2020: | ||||||
9 | The Auction License Act. | ||||||
10 | The Community Association Manager Licensing and | ||||||
11 | Disciplinary Act. | ||||||
12 | The Illinois Architecture Practice Act of 1989. | ||||||
13 | The Illinois Landscape Architecture Act of 1989. | ||||||
14 | The Illinois Professional Land Surveyor Act of 1989. | ||||||
15 | The Land Sales Registration Act of 1999. | ||||||
16 | The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||||||
17 | The Perfusionist Practice Act.
| ||||||
18 | The Professional Engineering Practice Act of 1989. | ||||||
19 | The Real Estate License Act of 2000. | ||||||
20 | The Structural Engineering Practice Act of 1989. | ||||||
21 | (Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09; | ||||||
22 | 96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff. | ||||||
23 | 8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; |
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1 | 96-1000, eff. 7-2-10.)
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2 | (225 ILCS 401/Act rep.) | ||||||
3 | Section 10. The Illinois Athlete Agents Act is repealed.
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4 | Section 15. The Auction License Act is amended by changing | ||||||
5 | Sections 5-10 and 10-1 as follows:
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6 | (225 ILCS 407/5-10)
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7 | (Section scheduled to be repealed on January 1, 2020)
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8 | Sec. 5-10. Definitions. As used in this Act:
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9 | "Advertisement" means any written, oral, or electronic | ||||||
10 | communication that
contains a promotion, inducement, or offer | ||||||
11 | to conduct an auction or offer to
provide an auction service, | ||||||
12 | including but not limited to brochures, pamphlets,
radio and | ||||||
13 | television scripts, telephone and direct mail solicitations,
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14 | electronic media, and other means of promotion.
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15 | "Advisory Board" or "Board" means the Auctioneer Advisory | ||||||
16 | Board.
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17 | "Associate auctioneer" means a person who conducts an | ||||||
18 | auction, but who is
under the direct supervision of, and is | ||||||
19 | sponsored by, a licensed auctioneer
or auction firm.
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20 | "Auction" means the sale or lease of property, real or | ||||||
21 | personal, by means
of exchanges between an auctioneer and | ||||||
22 | prospective
purchasers or lessees, which consists of a series | ||||||
23 | of invitations for offers
made by the auctioneer and offers by |
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1 | prospective
purchasers or lessees for the purpose of obtaining | ||||||
2 | an acceptable offer for
the sale or lease of the property, | ||||||
3 | including the sale or lease of property
via mail, | ||||||
4 | telecommunications, or the Internet.
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5 | "Auction contract" means a written agreement between an | ||||||
6 | auctioneer or auction firm and a seller or sellers.
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7 | "Auction firm" means any corporation, partnership, or | ||||||
8 | limited liability
company that acts as an auctioneer and | ||||||
9 | provides an auction service.
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10 | "Auction school" means any educational institution, public | ||||||
11 | or private,
which offers a curriculum of auctioneer education | ||||||
12 | and training approved
by the Department.
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13 | "Auction service" means the service of arranging, | ||||||
14 | managing, advertising,
or conducting auctions.
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15 | "Auctioneer" means a person or entity who, for another, for | ||||||
16 | a fee,
compensation, commission, or any other valuable | ||||||
17 | consideration at auction or
with the intention or expectation | ||||||
18 | of receiving valuable consideration by the
means of or process | ||||||
19 | of an auction or sale at auction or providing an auction
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20 | service, offers, negotiates, or attempts to negotiate an | ||||||
21 | auction contract,
sale, purchase, or exchange of goods, | ||||||
22 | chattels, merchandise, personal property,
real property, or | ||||||
23 | any commodity that may be lawfully kept or offered for sale
by | ||||||
24 | or at auction.
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25 | "Address of Record" means the designated address recorded | ||||||
26 | by the Department in the applicant's or licensee's application |
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1 | file or license file maintained by the Department. It is the | ||||||
2 | duty of the applicant or licensee to inform the Department of | ||||||
3 | any change of address, and such changes must be made either | ||||||
4 | through the Department's website or by directly contacting the | ||||||
5 | Department. | ||||||
6 | "Buyer premium" means any fee or compensation paid by the | ||||||
7 | successful purchaser of property sold or leased at or by | ||||||
8 | auction, to the auctioneer, auction firms, seller, lessor, or | ||||||
9 | other party to the transaction, other than the purchase price. | ||||||
10 | "Department" means the Department of Financial and | ||||||
11 | Professional Regulation.
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12 | "Goods" means chattels, movable goods, merchandise, or | ||||||
13 | personal property or
commodities of any form or type that may | ||||||
14 | be lawfully kept or offered for sale.
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15 | "Interactive computer service" means any information | ||||||
16 | service, system, or access software provider that provides or | ||||||
17 | enables computer access by multiple users to a computer server, | ||||||
18 | including specifically a service or system that provides access | ||||||
19 | to the Internet. | ||||||
20 | "Internet auction listing service" means a website on the | ||||||
21 | Internet, or other interactive computer service, that is | ||||||
22 | designed to allow or advertise as a means of allowing users to | ||||||
23 | offer personal property or services for sale or lease to a | ||||||
24 | prospective buyer or lessee through an on-line bid submission | ||||||
25 | process using that website or interactive computer service and | ||||||
26 | that does not examine, set the price, prepare the description |
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1 | of the personal property or service to be offered, or in any | ||||||
2 | way utilize the services of a natural person as an auctioneer. | ||||||
3 | "Licensee" means any person licensed under this Act.
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4 | "Managing auctioneer" means any person licensed as an | ||||||
5 | auctioneer who manages
and supervises licensees sponsored by an | ||||||
6 | auction firm or auctioneer.
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7 | "Person" means an individual, association, partnership, | ||||||
8 | corporation, or
limited liability company or the officers, | ||||||
9 | directors, or employees of the same.
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10 | "Pre-renewal period" means the 24 months prior to the | ||||||
11 | expiration date of a
license issued under this Act.
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12 | "Real estate" means real estate as defined in Section 1-10 | ||||||
13 | of the Real Estate License Act of 2000 or its successor Acts. | ||||||
14 | "Secretary" means the Secretary of the Department of | ||||||
15 | Financial and Professional Regulation or his or her designee.
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16 | "Sponsoring auctioneer" means the auctioneer or auction | ||||||
17 | firm who has issued a
sponsor card to a licensed auctioneer.
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18 | "Sponsor card" means the temporary permit issued by the
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19 | sponsoring auctioneer certifying that the licensee named | ||||||
20 | thereon is employed
by or associated with the sponsoring | ||||||
21 | auctioneer and the sponsoring auctioneer
shall be responsible | ||||||
22 | for the actions of the sponsored licensee.
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23 | (Source: P.A. 98-553, eff. 1-1-14.)
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24 | (225 ILCS 407/10-1)
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25 | (Section scheduled to be repealed on January 1, 2020)
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1 | Sec. 10-1. Necessity of license; exemptions.
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2 | (a) It is unlawful for any
person, corporation,
limited | ||||||
3 | liability company, partnership, or other entity to conduct an | ||||||
4 | auction,
provide an auction
service, hold himself or herself | ||||||
5 | out as an auctioneer, or advertise his or her
services as an | ||||||
6 | auctioneer
in the State of Illinois without a license issued by | ||||||
7 | the Department under this Act,
except at:
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8 | (1) an auction conducted solely by or for a | ||||||
9 | not-for-profit organization
for
charitable
purposes in | ||||||
10 | which the individual receives no compensation;
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11 | (2) an auction conducted by the owner of the property, | ||||||
12 | real or personal;
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13 | (3) an auction for the sale or lease of real property | ||||||
14 | conducted by a
licensee
under the
Real Estate License Act, | ||||||
15 | or its successor Acts, in accordance with the terms of
that | ||||||
16 | Act;
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17 | (4) an auction conducted by a business registered as a | ||||||
18 | market
agency under the federal Packers and Stockyards Act | ||||||
19 | (7 U.S.C. 181 et seq.) or
under the Livestock Auction | ||||||
20 | Market Law;
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21 | (5) an auction conducted by an agent, officer, or | ||||||
22 | employee of a federal
agency in the conduct of his or her | ||||||
23 | official duties; and
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24 | (6) an auction conducted by an agent, officer, or | ||||||
25 | employee of the State
government or any political | ||||||
26 | subdivision thereof performing his or her official
duties.
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1 | (b) Nothing in this Act shall be construed to apply to a | ||||||
2 | new or used
vehicle dealer
or a vehicle auctioneer licensed by | ||||||
3 | the Secretary of State of Illinois, or
to any employee of the
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4 | licensee, who is a resident of the State of Illinois,
while the | ||||||
5 | employee is acting in the regular scope of his or her | ||||||
6 | employment for
the licensee
while conducting an auction that is | ||||||
7 | not open to the public, provided that
only new or used vehicle | ||||||
8 | dealers,
rebuilders, automotive parts recyclers, or scrap | ||||||
9 | processors licensed by the Secretary of State or licensed by
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10 | another state or jurisdiction may buy property at the auction, | ||||||
11 | or to sales by or
through the licensee. Out-of-state salvage | ||||||
12 | vehicle buyers licensed in another state or jurisdiction may | ||||||
13 | also buy property at the auction.
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14 | (c) Nothing in this Act shall be construed to prohibit a | ||||||
15 | person under the
age of 18 from selling property under $250 in | ||||||
16 | value while under the direct
supervision of a licensed | ||||||
17 | auctioneer.
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18 | (d) Nothing in this Act , except Section 10-27, shall be | ||||||
19 | construed to
apply to a person while providing an Internet | ||||||
20 | auction listing service as
defined
in Section 5-10 10-27 .
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21 | (Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730, | ||||||
22 | eff. 8-25-09.)
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23 | (225 ILCS 407/10-27 rep.)
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24 | Section 20. The Auction License Act is amended by repealing | ||||||
25 | Section 10-27.
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1 | Section 30. The Real Estate License Act of 2000 is amended | ||||||
2 | by changing Sections 1-10, 5-20, 20-20, and 20-85 as follows:
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3 | (225 ILCS 454/1-10)
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4 | (Section scheduled to be repealed on January 1, 2020)
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5 | Sec. 1-10. Definitions. In this Act, unless the context | ||||||
6 | otherwise requires:
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7 | "Act" means the Real Estate License Act of 2000.
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8 | "Address of record" means the designated address recorded | ||||||
9 | by the Department in the applicant's or licensee's application | ||||||
10 | file or license file as maintained by the Department's | ||||||
11 | licensure maintenance unit. It is the duty of the applicant or | ||||||
12 | licensee to inform the Department of any change of address, and | ||||||
13 | those changes must be made either through the Department's | ||||||
14 | website or by contacting the Department. | ||||||
15 | "Advisory Council" means the Real Estate Education | ||||||
16 | Advisory Council created
under Section 30-10 of this Act.
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17 | "Agency" means a relationship in which a broker or | ||||||
18 | licensee,
whether directly or through an affiliated licensee, | ||||||
19 | represents a consumer by
the consumer's consent, whether | ||||||
20 | express or implied, in a real property
transaction.
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21 | "Applicant" means any person, as defined in this Section, | ||||||
22 | who applies to
the Department for a valid license as a managing | ||||||
23 | broker, broker, or
leasing agent.
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24 | "Blind advertisement" means any real estate advertisement |
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1 | that does not
include the sponsoring broker's business name and | ||||||
2 | that is used by any licensee
regarding the sale or lease of | ||||||
3 | real estate, including his or her own, licensed
activities, or | ||||||
4 | the hiring of any licensee under this Act. The broker's
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5 | business name in the case of a franchise shall include the | ||||||
6 | franchise
affiliation as well as the name of the individual | ||||||
7 | firm.
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8 | "Board" means the Real Estate Administration and | ||||||
9 | Disciplinary Board of the Department as created by Section | ||||||
10 | 25-10 of this Act.
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11 | "Branch office" means a sponsoring broker's office other | ||||||
12 | than the sponsoring
broker's principal office.
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13 | "Broker" means an individual, partnership, limited | ||||||
14 | liability company,
corporation, or registered limited | ||||||
15 | liability partnership other than a leasing agent who, whether | ||||||
16 | in person or through any media or technology, for another and | ||||||
17 | for compensation, or
with the intention or expectation of | ||||||
18 | receiving compensation, either
directly or indirectly:
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19 | (1) Sells, exchanges, purchases, rents, or leases real | ||||||
20 | estate.
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21 | (2) Offers to sell, exchange, purchase, rent, or lease | ||||||
22 | real estate.
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23 | (3) Negotiates, offers, attempts, or agrees to | ||||||
24 | negotiate the sale,
exchange, purchase, rental, or leasing | ||||||
25 | of real estate.
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26 | (4) Lists, offers, attempts, or agrees to list real |
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1 | estate for sale,
rent, lease, or exchange.
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2 | (5) Buys, sells, offers to buy or sell, or otherwise | ||||||
3 | deals in options on
real estate or improvements thereon.
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4 | (6) Supervises the collection, offer, attempt, or | ||||||
5 | agreement
to collect rent for the use of real estate.
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6 | (7) Advertises or represents himself or herself as | ||||||
7 | being engaged in the
business of buying, selling, | ||||||
8 | exchanging, renting, or leasing real estate.
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9 | (8) Assists or directs in procuring or referring of | ||||||
10 | leads or prospects, intended to
result in the sale, | ||||||
11 | exchange, lease, or rental of real estate.
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12 | (9) Assists or directs in the negotiation of any | ||||||
13 | transaction intended to
result in the sale, exchange, | ||||||
14 | lease, or rental of real estate.
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15 | (10) Opens real estate to the public for marketing | ||||||
16 | purposes.
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17 | (11) Sells, rents, leases, or offers for sale or lease | ||||||
18 | real estate at
auction.
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19 | (12) Prepares or provides a broker price opinion or | ||||||
20 | comparative market analysis as those terms are defined in | ||||||
21 | this Act, pursuant to the provisions of Section 10-45 of | ||||||
22 | this Act. | ||||||
23 | "Brokerage agreement" means a written or oral agreement | ||||||
24 | between a sponsoring
broker and a consumer for licensed | ||||||
25 | activities to be provided to a consumer in
return for | ||||||
26 | compensation or the right to receive compensation from another.
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1 | Brokerage agreements may constitute either a bilateral or a | ||||||
2 | unilateral
agreement between the broker and the broker's client | ||||||
3 | depending upon the content
of the brokerage agreement. All | ||||||
4 | exclusive brokerage agreements shall be in
writing.
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5 | "Broker price opinion" means an estimate or analysis of the | ||||||
6 | probable selling price of a particular interest in real estate, | ||||||
7 | which may provide a varying level of detail about the | ||||||
8 | property's condition, market, and neighborhood and information | ||||||
9 | on comparable sales. The activities of a real estate broker or | ||||||
10 | managing broker engaging in the ordinary course of business as | ||||||
11 | a broker, as defined in this Section, shall not be considered a | ||||||
12 | broker price opinion if no compensation is paid to the broker | ||||||
13 | or managing broker, other than compensation based upon the sale | ||||||
14 | or rental of real estate. | ||||||
15 | "Client" means a person who is being represented by a | ||||||
16 | licensee.
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17 | "Comparative market analysis" is an analysis or opinion | ||||||
18 | regarding pricing, marketing, or financial aspects relating to | ||||||
19 | a specified interest or interests in real estate that may be | ||||||
20 | based upon an analysis of comparative market data, the | ||||||
21 | expertise of the real estate broker or managing broker, and | ||||||
22 | such other factors as the broker or managing broker may deem | ||||||
23 | appropriate in developing or preparing such analysis or | ||||||
24 | opinion. The activities of a real estate broker or managing | ||||||
25 | broker engaging in the ordinary course of business as a broker, | ||||||
26 | as defined in this Section, shall not be considered a |
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1 | comparative market analysis if no compensation is paid to the | ||||||
2 | broker or managing broker, other than compensation based upon | ||||||
3 | the sale or rental of real estate. | ||||||
4 | "Compensation" means the valuable consideration given by | ||||||
5 | one person or entity
to another person or entity in exchange | ||||||
6 | for the performance of some activity or
service. Compensation | ||||||
7 | shall include the transfer of valuable consideration,
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8 | including without limitation the following:
| ||||||
9 | (1) commissions;
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10 | (2) referral fees;
| ||||||
11 | (3) bonuses;
| ||||||
12 | (4) prizes;
| ||||||
13 | (5) merchandise;
| ||||||
14 | (6) finder fees;
| ||||||
15 | (7) performance of services;
| ||||||
16 | (8) coupons or gift certificates;
| ||||||
17 | (9) discounts;
| ||||||
18 | (10) rebates;
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19 | (11) a chance to win a raffle, drawing, lottery, or | ||||||
20 | similar game of chance
not prohibited by any other law or | ||||||
21 | statute;
| ||||||
22 | (12) retainer fee; or
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23 | (13) salary.
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24 | "Confidential information" means information obtained by a | ||||||
25 | licensee from a
client during the term of a brokerage agreement | ||||||
26 | that (i) was made confidential
by the written request or |
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1 | written instruction of the client, (ii) deals with
the | ||||||
2 | negotiating position of the client, or (iii) is information the | ||||||
3 | disclosure
of which could materially harm the negotiating | ||||||
4 | position of the client, unless
at any time:
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5 | (1) the client permits the disclosure of information | ||||||
6 | given by that client
by word or conduct;
| ||||||
7 | (2) the disclosure is required by law; or
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8 | (3) the information becomes public from a source other | ||||||
9 | than the licensee.
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10 | "Confidential information" shall not be considered to | ||||||
11 | include material
information about the physical condition of | ||||||
12 | the property.
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13 | "Consumer" means a person or entity seeking or receiving | ||||||
14 | licensed
activities.
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15 | "Continuing education school" means any person licensed by | ||||||
16 | the Department as a school
for continuing education in | ||||||
17 | accordance with Section 30-15 of this Act. | ||||||
18 | "Coordinator" means the Coordinator of Real Estate created | ||||||
19 | in Section 25-15 of this Act.
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20 | "Credit hour" means 50 minutes of classroom instruction in | ||||||
21 | course work that
meets the requirements set forth in rules | ||||||
22 | adopted by the Department.
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23 | "Customer" means a consumer who is not being represented by | ||||||
24 | the licensee but
for whom the licensee is performing | ||||||
25 | ministerial acts.
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26 | "Department" means the Department of Financial and |
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1 | Professional Regulation. | ||||||
2 | "Designated agency" means a contractual relationship | ||||||
3 | between a sponsoring
broker and a client under Section 15-50 of | ||||||
4 | this Act in which one or more
licensees associated with or | ||||||
5 | employed by the broker are designated as agent of
the client.
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6 | "Designated agent" means a sponsored licensee named by a | ||||||
7 | sponsoring broker as
the legal agent of a client, as provided | ||||||
8 | for in Section 15-50 of this Act.
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9 | "Dual agency" means an agency relationship in which a | ||||||
10 | licensee is
representing both buyer and seller or both landlord | ||||||
11 | and tenant in the same
transaction. When the agency | ||||||
12 | relationship is a designated agency, the
question of whether | ||||||
13 | there is a dual agency shall be determined by the agency
| ||||||
14 | relationships of the designated agent of the parties and not of | ||||||
15 | the sponsoring
broker.
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16 | "Employee" or other derivative of the word "employee", when | ||||||
17 | used to refer to,
describe, or delineate the relationship | ||||||
18 | between a sponsoring broker and a managing broker, broker, or a | ||||||
19 | leasing agent, shall be
construed to include an independent | ||||||
20 | contractor relationship, provided that a
written agreement | ||||||
21 | exists that clearly establishes and states the relationship.
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22 | All responsibilities of a broker shall remain.
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23 | "Escrow moneys" means all moneys, promissory notes or any | ||||||
24 | other type or
manner of legal tender or financial consideration | ||||||
25 | deposited with any person for
the benefit of the parties to the | ||||||
26 | transaction. A transaction exists once an
agreement has been |
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1 | reached and an accepted real estate contract signed or lease
| ||||||
2 | agreed to by the parties. Escrow moneys includes without | ||||||
3 | limitation earnest
moneys and security deposits, except those | ||||||
4 | security deposits in which the
person holding the security | ||||||
5 | deposit is also the sole owner of the property
being leased and | ||||||
6 | for which the security deposit is being held.
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7 | "Electronic means of proctoring" means a methodology | ||||||
8 | providing assurance that the person taking a test and | ||||||
9 | completing the answers to questions is the person seeking | ||||||
10 | licensure or credit for continuing education and is doing so | ||||||
11 | without the aid of a third party or other device. | ||||||
12 | "Exclusive brokerage agreement" means a written brokerage | ||||||
13 | agreement that provides that the sponsoring broker has the sole | ||||||
14 | right, through one or more sponsored licensees, to act as the | ||||||
15 | exclusive designated agent or representative of the client and | ||||||
16 | that meets the requirements of Section 15-75 of this Act.
| ||||||
17 | "Inoperative" means a status of licensure where the | ||||||
18 | licensee holds a current
license under this Act, but the | ||||||
19 | licensee is prohibited from engaging in
licensed activities | ||||||
20 | because the licensee is unsponsored or the license of the
| ||||||
21 | sponsoring broker with whom the licensee is associated or by | ||||||
22 | whom he or she is
employed is currently expired, revoked, | ||||||
23 | suspended, or otherwise rendered
invalid under this Act.
| ||||||
24 | "Interactive delivery method" means delivery of a course by | ||||||
25 | an instructor through a medium allowing for 2-way communication | ||||||
26 | between the instructor and a student in which either can |
| |||||||
| |||||||
1 | initiate or respond to questions. | ||||||
2 | "Leads" means the name or names of a potential buyer, | ||||||
3 | seller, lessor, lessee, or client of a licensee. | ||||||
4 | "Leasing Agent" means a person who is employed by a broker | ||||||
5 | to
engage in licensed activities limited to leasing residential | ||||||
6 | real estate who
has obtained a license as provided for in | ||||||
7 | Section 5-5 of this Act.
| ||||||
8 | "License" means the document issued by the Department | ||||||
9 | certifying that the person named
thereon has fulfilled all | ||||||
10 | requirements prerequisite to licensure under this
Act.
| ||||||
11 | "Licensed activities" means those activities listed in the | ||||||
12 | definition of
"broker" under this Section.
| ||||||
13 | "Licensee" means any person, as defined in this Section, | ||||||
14 | who holds a
valid unexpired license as a managing broker, | ||||||
15 | broker, or
leasing agent.
| ||||||
16 | "Listing presentation" means a communication between a | ||||||
17 | managing broker or
broker and a consumer in which the licensee | ||||||
18 | is attempting to secure a
brokerage agreement with the consumer | ||||||
19 | to market the consumer's real estate for
sale or lease.
| ||||||
20 | "Managing broker" means a broker who has supervisory | ||||||
21 | responsibilities for
licensees in one or, in the case of a | ||||||
22 | multi-office company, more than one
office and who has been | ||||||
23 | appointed as such by the sponsoring broker.
| ||||||
24 | "Medium of advertising" means any method of communication | ||||||
25 | intended to
influence the general public to use or purchase a | ||||||
26 | particular good or service or
real estate.
|
| |||||||
| |||||||
1 | "Ministerial acts" means those acts that a licensee may | ||||||
2 | perform for a
consumer that are informative or clerical in | ||||||
3 | nature and do not rise to the
level of active representation on | ||||||
4 | behalf of a consumer. Examples of these acts
include without | ||||||
5 | limitation (i) responding to phone inquiries by consumers as to
| ||||||
6 | the availability and pricing of brokerage services, (ii) | ||||||
7 | responding to phone
inquiries from a consumer concerning the | ||||||
8 | price or location of property, (iii)
attending an open house | ||||||
9 | and responding to questions about the property from a
consumer, | ||||||
10 | (iv) setting an appointment to view property, (v) responding to
| ||||||
11 | questions of consumers walking into a licensee's office | ||||||
12 | concerning brokerage
services offered or particular | ||||||
13 | properties, (vi) accompanying an appraiser,
inspector, | ||||||
14 | contractor, or similar third party on a visit to a property, | ||||||
15 | (vii)
describing a property or the property's condition in | ||||||
16 | response to a consumer's
inquiry, (viii) completing business or | ||||||
17 | factual information for a consumer on an
offer or contract to | ||||||
18 | purchase on behalf of a client, (ix) showing a client
through a | ||||||
19 | property being sold by an owner on his or her own behalf, or | ||||||
20 | (x)
referral to another broker or service provider.
| ||||||
21 | "Office" means a broker's place of business where the | ||||||
22 | general
public is invited to transact business and where | ||||||
23 | records may be maintained and
licenses displayed, whether or | ||||||
24 | not it is the broker's principal place of
business.
| ||||||
25 | "Person" means and includes individuals, entities, | ||||||
26 | corporations, limited
liability companies, registered limited |
| |||||||
| |||||||
1 | liability partnerships, and
partnerships, foreign or domestic, | ||||||
2 | except that when the context otherwise
requires, the term may | ||||||
3 | refer to a single individual or other described entity.
| ||||||
4 | "Personal assistant" means a licensed or unlicensed person | ||||||
5 | who has been hired
for the purpose of aiding or assisting a | ||||||
6 | sponsored licensee in the performance
of the sponsored | ||||||
7 | licensee's job.
| ||||||
8 | "Pocket card" means the card issued by the Department to | ||||||
9 | signify that the person named
on the card is currently licensed | ||||||
10 | under this Act.
| ||||||
11 | "Pre-license school" means a school licensed by the | ||||||
12 | Department offering courses in
subjects related to real estate | ||||||
13 | transactions, including the subjects upon
which an applicant is | ||||||
14 | examined in determining fitness to receive a license.
| ||||||
15 | "Pre-renewal period" means the period between the date of | ||||||
16 | issue of a
currently valid license and the license's expiration | ||||||
17 | date.
| ||||||
18 | "Proctor" means any person, including, but not limited to, | ||||||
19 | an instructor, who has a written agreement to administer | ||||||
20 | examinations fairly and impartially with a licensed | ||||||
21 | pre-license school or a licensed continuing education school. | ||||||
22 | "Real estate" means and includes leaseholds as well as any | ||||||
23 | other interest or
estate in land, whether corporeal, | ||||||
24 | incorporeal, freehold, or non-freehold ,
including timeshare | ||||||
25 | interests, and whether the real estate is situated in this
| ||||||
26 | State or elsewhere. "Real estate" does not include property |
| |||||||
| |||||||
1 | sold, exchanged, or leased as a timeshare or similar vacation | ||||||
2 | item or interest, vacation club membership, or other activity | ||||||
3 | formerly regulated under the Real Estate Timeshare Act of 1999 | ||||||
4 | (repealed).
| ||||||
5 | "Regular employee" means a person working an average of 20 | ||||||
6 | hours per week for a person or entity who would be considered | ||||||
7 | as an employee under the Internal Revenue Service eleven main | ||||||
8 | tests in three categories being behavioral control, financial | ||||||
9 | control and the type of relationship of the parties, formerly | ||||||
10 | the twenty factor test.
| ||||||
11 | "Secretary" means the Secretary of the Department of | ||||||
12 | Financial and Professional Regulation, or a person authorized | ||||||
13 | by the Secretary to act in the Secretary's stead. | ||||||
14 | "Sponsoring broker" means the broker who has issued a | ||||||
15 | sponsor card to a
licensed managing broker, broker, or a | ||||||
16 | leasing agent.
| ||||||
17 | "Sponsor card" means the temporary permit issued by the | ||||||
18 | sponsoring broker certifying that the managing broker, broker,
| ||||||
19 | or leasing agent named thereon is employed by or associated by | ||||||
20 | written
agreement with the sponsoring broker, as provided for | ||||||
21 | in Section
5-40 of this Act.
| ||||||
22 | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | ||||||
23 | 99-227, eff. 8-3-15.)
| ||||||
24 | (225 ILCS 454/5-20)
| ||||||
25 | (Section scheduled to be repealed on January 1, 2020)
|
| |||||||
| |||||||
1 | Sec. 5-20. Exemptions from managing broker, broker, or | ||||||
2 | leasing agent license
requirement. The requirement for holding | ||||||
3 | a license under this Article 5 shall
not apply to:
| ||||||
4 | (1) Any person, partnership, or corporation that as | ||||||
5 | owner or lessor performs
any of the acts described in the | ||||||
6 | definition of "broker" under Section 1-10 of
this Act with | ||||||
7 | reference to property owned or leased by it, or to the | ||||||
8 | regular
employees thereof with respect to the property so | ||||||
9 | owned or leased, where such
acts are performed in the | ||||||
10 | regular course of or as an incident to the
management, | ||||||
11 | sale, or other disposition of such property and the | ||||||
12 | investment
therein, provided that such regular employees | ||||||
13 | do not perform any of the acts
described in the definition | ||||||
14 | of "broker" under Section 1-10 of this Act in
connection | ||||||
15 | with a vocation of selling or leasing any real estate or | ||||||
16 | the
improvements thereon not so owned or leased.
| ||||||
17 | (2) An attorney in fact acting under a duly executed | ||||||
18 | and recorded power of
attorney to convey real estate from | ||||||
19 | the owner or lessor or the services
rendered by an attorney | ||||||
20 | at law in the performance of the attorney's duty as an
| ||||||
21 | attorney at law.
| ||||||
22 | (3) Any person acting as receiver, trustee in | ||||||
23 | bankruptcy, administrator,
executor, or guardian or while | ||||||
24 | acting under a court order or under the
authority of a will | ||||||
25 | or testamentary trust.
| ||||||
26 | (4) Any person acting as a resident manager for the |
| |||||||
| |||||||
1 | owner or any employee
acting as the resident manager for a | ||||||
2 | broker managing an apartment building,
duplex, or | ||||||
3 | apartment complex, when the resident manager resides on the
| ||||||
4 | premises, the premises is his or her primary residence, and | ||||||
5 | the resident
manager is engaged in the leasing of the | ||||||
6 | property of which he or she is the
resident manager.
| ||||||
7 | (5) Any officer or employee of a federal agency in the | ||||||
8 | conduct of official
duties.
| ||||||
9 | (6) Any officer or employee of the State government or | ||||||
10 | any political
subdivision thereof performing official | ||||||
11 | duties.
| ||||||
12 | (7) Any multiple listing service or other similar | ||||||
13 | information exchange that is
engaged in the collection
and | ||||||
14 | dissemination of information concerning real estate | ||||||
15 | available for sale,
purchase, lease, or
exchange for the | ||||||
16 | purpose of providing licensees with a system by which | ||||||
17 | licensees may cooperatively share information along with | ||||||
18 | which no other licensed activities, as defined in Section | ||||||
19 | 1-10 of this Act, are provided.
| ||||||
20 | (8) Railroads and other public utilities regulated by | ||||||
21 | the State of Illinois,
or the officers or full time | ||||||
22 | employees thereof, unless the performance of any
licensed | ||||||
23 | activities is in connection with the sale, purchase, lease, | ||||||
24 | or other
disposition of real estate or investment therein | ||||||
25 | not needing the approval of
the appropriate State | ||||||
26 | regulatory authority.
|
| |||||||
| |||||||
1 | (9) Any medium of advertising in the routine course of | ||||||
2 | selling or publishing
advertising along with which no other | ||||||
3 | licensed activities, as defined in Section 1-10 of this | ||||||
4 | Act, are provided.
| ||||||
5 | (10) Any resident lessee of a residential dwelling unit | ||||||
6 | who refers for
compensation to the owner of the dwelling | ||||||
7 | unit, or to the owner's agent,
prospective lessees of | ||||||
8 | dwelling units in the same building or complex as the
| ||||||
9 | resident lessee's unit, but only if the resident lessee (i) | ||||||
10 | refers no more than
3 prospective lessees in any 12-month | ||||||
11 | period, (ii) receives compensation of no
more than $1,500 | ||||||
12 | or the equivalent of one month's rent, whichever is less, | ||||||
13 | in
any 12-month period, and (iii) limits his or her | ||||||
14 | activities to referring
prospective lessees to the owner, | ||||||
15 | or the owner's agent, and does not show a
residential | ||||||
16 | dwelling unit to a prospective lessee, discuss terms or | ||||||
17 | conditions
of leasing a dwelling unit with a prospective | ||||||
18 | lessee, or otherwise participate
in the negotiation of the | ||||||
19 | leasing of a dwelling unit.
| ||||||
20 | (11) The purchase, sale, or transfer of a timeshare or | ||||||
21 | similar vacation item or interest, vacation club | ||||||
22 | membership, or other activity formerly regulated under the | ||||||
23 | Real Estate Timeshare Act of 1999 (repealed) An exchange | ||||||
24 | company registered under the Real Estate Timeshare Act of
| ||||||
25 | 1999 and the regular employees of that registered exchange | ||||||
26 | company but only
when conducting an exchange program as |
| |||||||
| |||||||
1 | defined in that Act .
| ||||||
2 | (12) (Blank). An existing timeshare owner who, for | ||||||
3 | compensation, refers prospective
purchasers, but only if | ||||||
4 | the existing timeshare owner (i) refers no more than 20
| ||||||
5 | prospective purchasers in any calendar year, (ii) receives | ||||||
6 | no more than $1,000,
or its equivalent, for referrals in | ||||||
7 | any calendar year and (iii) limits his or
her activities to | ||||||
8 | referring prospective purchasers of timeshare interests to
| ||||||
9 | the developer or the developer's employees or agents, and | ||||||
10 | does not show,
discuss terms or conditions of purchase or | ||||||
11 | otherwise participate in
negotiations with regard to | ||||||
12 | timeshare interests.
| ||||||
13 | (13) Any person who is licensed without examination | ||||||
14 | under
Section 10-25 (now repealed) of the Auction License | ||||||
15 | Act is exempt from holding a managing broker's or
broker's | ||||||
16 | license under this Act for the limited purpose of selling | ||||||
17 | or
leasing real estate at auction, so long as:
| ||||||
18 | (A) that person has made application for said | ||||||
19 | exemption by July 1, 2000;
| ||||||
20 | (B) that person verifies to the Department that he | ||||||
21 | or she has sold real estate
at auction for a period of | ||||||
22 | 5 years prior to licensure as an auctioneer;
| ||||||
23 | (C) the person has had no lapse in his or her | ||||||
24 | license as an
auctioneer; and
| ||||||
25 | (D) the license issued under the Auction License | ||||||
26 | Act has not been
disciplined for violation of those |
| |||||||
| |||||||
1 | provisions of Article 20 of the Auction
License Act | ||||||
2 | dealing with or related to the sale or lease of real | ||||||
3 | estate at
auction.
| ||||||
4 | (14) A person who holds a valid license under the | ||||||
5 | Auction License Act and a valid real estate auction | ||||||
6 | certification and conducts auctions for the sale of real | ||||||
7 | estate under Section 5-32 of this Act. | ||||||
8 | (15) A hotel operator who is registered with the | ||||||
9 | Illinois Department of
Revenue and pays taxes under the | ||||||
10 | Hotel Operators' Occupation Tax Act and rents
a room or | ||||||
11 | rooms in a hotel as defined in the Hotel Operators' | ||||||
12 | Occupation Tax
Act for a period of not more than 30 | ||||||
13 | consecutive days and not more than 60 days
in a calendar | ||||||
14 | year.
| ||||||
15 | (Source: P.A. 98-553, eff. 1-1-14; 99-227, eff. 8-3-15.)
| ||||||
16 | (225 ILCS 454/20-20)
| ||||||
17 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
18 | Sec. 20-20. Grounds for discipline. | ||||||
19 | (a) The Department may refuse to issue or renew a license, | ||||||
20 | may place on probation, suspend,
or
revoke any
license, | ||||||
21 | reprimand, or take any other disciplinary or non-disciplinary | ||||||
22 | action as the Department may deem proper and impose a
fine not | ||||||
23 | to exceed
$25,000 upon any licensee or applicant under this Act | ||||||
24 | or any person who holds himself or herself out as an applicant | ||||||
25 | or licensee or against a licensee in handling his or her own |
| |||||||
| |||||||
1 | property, whether held by deed, option, or otherwise, for any | ||||||
2 | one or any combination of the
following causes:
| ||||||
3 | (1) Fraud or misrepresentation in applying for, or | ||||||
4 | procuring, a license under this Act or in connection with | ||||||
5 | applying for renewal of a license under this Act.
| ||||||
6 | (2) The conviction of or plea of guilty or plea of nolo | ||||||
7 | contendere to a felony or misdemeanor in this State or any | ||||||
8 | other jurisdiction; or the entry of an administrative | ||||||
9 | sanction by a government agency in this State or any other | ||||||
10 | jurisdiction. Action taken under this paragraph (2) for a | ||||||
11 | misdemeanor or an administrative sanction is limited to a | ||||||
12 | misdemeanor or administrative sanction that has as an
| ||||||
13 | essential element dishonesty or fraud or involves larceny, | ||||||
14 | embezzlement,
or obtaining money, property, or credit by | ||||||
15 | false pretenses or by means of a
confidence
game.
| ||||||
16 | (3) Inability to practice the profession with | ||||||
17 | reasonable judgment, skill, or safety as a result of a | ||||||
18 | physical illness, including, but not limited to, | ||||||
19 | deterioration through the aging process or loss of motor | ||||||
20 | skill, or a mental illness or disability.
| ||||||
21 | (4) Practice under this Act as a licensee in a retail | ||||||
22 | sales establishment from an office, desk, or space that
is | ||||||
23 | not
separated from the main retail business by a separate | ||||||
24 | and distinct area within
the
establishment.
| ||||||
25 | (5) Having been disciplined by another state, the | ||||||
26 | District of Columbia, a territory, a foreign nation, or a |
| |||||||
| |||||||
1 | governmental agency authorized to impose discipline if at | ||||||
2 | least one of the grounds for that discipline is the same as | ||||||
3 | or
the
equivalent of one of the grounds for which a | ||||||
4 | licensee may be disciplined under this Act. A certified | ||||||
5 | copy of the record of the action by the other state or | ||||||
6 | jurisdiction shall be prima facie evidence thereof.
| ||||||
7 | (6) Engaging in the practice of real estate brokerage
| ||||||
8 | without a
license or after the licensee's license was | ||||||
9 | expired or while the license was
inoperative.
| ||||||
10 | (7) Cheating on or attempting to subvert the Real
| ||||||
11 | Estate License Exam or continuing education exam. | ||||||
12 | (8) Aiding or abetting an applicant
to
subvert or cheat | ||||||
13 | on the Real Estate License Exam or continuing education | ||||||
14 | exam
administered pursuant to this Act.
| ||||||
15 | (9) Advertising that is inaccurate, misleading, or | ||||||
16 | contrary to the provisions of the Act.
| ||||||
17 | (10) Making any substantial misrepresentation or | ||||||
18 | untruthful advertising.
| ||||||
19 | (11) Making any false promises of a character likely to | ||||||
20 | influence,
persuade,
or induce.
| ||||||
21 | (12) Pursuing a continued and flagrant course of | ||||||
22 | misrepresentation or the
making
of false promises through | ||||||
23 | licensees, employees, agents, advertising, or
otherwise.
| ||||||
24 | (13) Any misleading or untruthful advertising, or | ||||||
25 | using any trade name or
insignia of membership in any real | ||||||
26 | estate organization of which the licensee is
not a member.
|
| |||||||
| |||||||
1 | (14) Acting for more than one party in a transaction | ||||||
2 | without providing
written
notice to all parties for whom | ||||||
3 | the licensee acts.
| ||||||
4 | (15) Representing or attempting to represent a broker | ||||||
5 | other than the
sponsoring broker.
| ||||||
6 | (16) Failure to account for or to remit any moneys or | ||||||
7 | documents coming into
his or her possession that belong to | ||||||
8 | others.
| ||||||
9 | (17) Failure to maintain and deposit in a special | ||||||
10 | account, separate and
apart from
personal and other | ||||||
11 | business accounts, all escrow moneys belonging to others
| ||||||
12 | entrusted to a licensee
while acting as a broker, escrow | ||||||
13 | agent, or temporary custodian of
the funds of others or
| ||||||
14 | failure to maintain all escrow moneys on deposit in the | ||||||
15 | account until the
transactions are
consummated or | ||||||
16 | terminated, except to the extent that the moneys, or any | ||||||
17 | part
thereof, shall be: | ||||||
18 | (A)
disbursed prior to the consummation or | ||||||
19 | termination (i) in accordance with
the
written | ||||||
20 | direction of
the principals to the transaction or their | ||||||
21 | duly authorized agents, (ii) in accordance with
| ||||||
22 | directions providing for the
release, payment, or | ||||||
23 | distribution of escrow moneys contained in any written
| ||||||
24 | contract signed by the
principals to the transaction or | ||||||
25 | their duly authorized agents,
or (iii)
pursuant to an | ||||||
26 | order of a court of competent
jurisdiction; or |
| |||||||
| |||||||
1 | (B) deemed abandoned and transferred to the Office | ||||||
2 | of the State Treasurer to be handled as unclaimed | ||||||
3 | property pursuant to the Uniform Disposition of | ||||||
4 | Unclaimed Property Act. Escrow moneys may be deemed | ||||||
5 | abandoned under this subparagraph (B) only: (i) in the | ||||||
6 | absence of disbursement under subparagraph (A); (ii) | ||||||
7 | in the absence of notice of the filing of any claim in | ||||||
8 | a court of competent jurisdiction; and (iii) if 6 | ||||||
9 | months have elapsed after the receipt of a written | ||||||
10 | demand for the escrow moneys from one of the principals | ||||||
11 | to the transaction or the principal's duly authorized | ||||||
12 | agent.
| ||||||
13 | The account
shall be noninterest
bearing, unless the | ||||||
14 | character of the deposit is such that payment of interest
| ||||||
15 | thereon is otherwise
required by law or unless the | ||||||
16 | principals to the transaction specifically
require, in | ||||||
17 | writing, that the
deposit be placed in an interest bearing | ||||||
18 | account.
| ||||||
19 | (18) Failure to make available to the Department all | ||||||
20 | escrow records and related documents
maintained in | ||||||
21 | connection
with the practice of real estate within 24 hours | ||||||
22 | of a request for those
documents by Department personnel.
| ||||||
23 | (19) Failing to furnish copies upon request of | ||||||
24 | documents relating to a
real
estate transaction to a party | ||||||
25 | who has executed that document.
| ||||||
26 | (20) Failure of a sponsoring broker to timely provide |
| |||||||
| |||||||
1 | information, sponsor
cards,
or termination of licenses to | ||||||
2 | the Department.
| ||||||
3 | (21) Engaging in dishonorable, unethical, or | ||||||
4 | unprofessional conduct of a
character
likely to deceive, | ||||||
5 | defraud, or harm the public.
| ||||||
6 | (22) Commingling the money or property of others with | ||||||
7 | his or her own money or property.
| ||||||
8 | (23) Employing any person on a purely temporary or | ||||||
9 | single deal basis as a
means
of evading the law regarding | ||||||
10 | payment of commission to nonlicensees on some
contemplated
| ||||||
11 | transactions.
| ||||||
12 | (24) Permitting the use of his or her license as a | ||||||
13 | broker to enable a
leasing agent or
unlicensed person to | ||||||
14 | operate a real estate business without actual
| ||||||
15 | participation therein and control
thereof by the broker.
| ||||||
16 | (25) Any other conduct, whether of the same or a | ||||||
17 | different character from
that
specified in this Section, | ||||||
18 | that constitutes dishonest dealing.
| ||||||
19 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
20 | property without
the written
consent of an owner or his or | ||||||
21 | her duly authorized agent or advertising by any
means that | ||||||
22 | any property is
for sale or for rent without the written | ||||||
23 | consent of the owner or his or her
authorized agent.
| ||||||
24 | (27) Failing to provide information requested by the | ||||||
25 | Department, or otherwise respond to that request, within 30 | ||||||
26 | days of
the
request.
|
| |||||||
| |||||||
1 | (28) Advertising by means of a blind advertisement, | ||||||
2 | except as otherwise
permitted in Section 10-30 of this Act.
| ||||||
3 | (29) Offering guaranteed sales plans, as defined in | ||||||
4 | clause (A) of
this subdivision (29), except to
the extent | ||||||
5 | hereinafter set forth:
| ||||||
6 | (A) A "guaranteed sales plan" is any real estate | ||||||
7 | purchase or sales plan
whereby a licensee enters into a | ||||||
8 | conditional or unconditional written contract
with a | ||||||
9 | seller, prior to entering into a brokerage agreement | ||||||
10 | with the seller, by the
terms of which a licensee | ||||||
11 | agrees to purchase a property of the seller within a
| ||||||
12 | specified period of time
at a specific price in the | ||||||
13 | event the property is not sold in accordance with
the | ||||||
14 | terms of a brokerage agreement to be entered into | ||||||
15 | between the sponsoring broker and the seller.
| ||||||
16 | (B) A licensee offering a guaranteed sales plan | ||||||
17 | shall provide the
details
and conditions of the plan in | ||||||
18 | writing to the party to whom the plan is
offered.
| ||||||
19 | (C) A licensee offering a guaranteed sales plan | ||||||
20 | shall provide to the
party
to whom the plan is offered | ||||||
21 | evidence of sufficient financial resources to
satisfy | ||||||
22 | the commitment to
purchase undertaken by the broker in | ||||||
23 | the plan.
| ||||||
24 | (D) Any licensee offering a guaranteed sales plan | ||||||
25 | shall undertake to
market the property of the seller | ||||||
26 | subject to the plan in the same manner in
which the |
| |||||||
| |||||||
1 | broker would
market any other property, unless the | ||||||
2 | agreement with the seller provides
otherwise.
| ||||||
3 | (E) The licensee cannot purchase seller's property | ||||||
4 | until the brokerage agreement has ended according to | ||||||
5 | its terms or is otherwise terminated. | ||||||
6 | (F) Any licensee who fails to perform on a | ||||||
7 | guaranteed sales plan in
strict accordance with its | ||||||
8 | terms shall be subject to all the penalties provided
in | ||||||
9 | this Act for
violations thereof and, in addition, shall | ||||||
10 | be subject to a civil fine payable
to the party injured | ||||||
11 | by the
default in an amount of up to $25,000.
| ||||||
12 | (30) Influencing or attempting to influence, by any | ||||||
13 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
14 | landlord, or tenant of real estate, in connection
with | ||||||
15 | viewing, buying, or
leasing real estate, so as to promote | ||||||
16 | or tend to promote the continuance
or maintenance of
| ||||||
17 | racially and religiously segregated housing or so as to | ||||||
18 | retard, obstruct, or
discourage racially
integrated | ||||||
19 | housing on or in any street, block, neighborhood, or | ||||||
20 | community.
| ||||||
21 | (31) Engaging in any act that constitutes a violation | ||||||
22 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
23 | Act, whether or not a complaint has
been filed with or
| ||||||
24 | adjudicated by the Human Rights Commission.
| ||||||
25 | (32) Inducing any party to a contract of sale or lease | ||||||
26 | or brokerage
agreement to
break the contract of sale or |
| |||||||
| |||||||
1 | lease or brokerage agreement for the purpose of
| ||||||
2 | substituting, in lieu
thereof, a new contract for sale or | ||||||
3 | lease or brokerage agreement with a third
party.
| ||||||
4 | (33) Negotiating a sale, exchange, or lease of real | ||||||
5 | estate directly with
any person
if the licensee knows that | ||||||
6 | the person has an exclusive brokerage
agreement with | ||||||
7 | another
broker, unless specifically authorized by that | ||||||
8 | broker.
| ||||||
9 | (34) When a licensee is also an attorney, acting as the | ||||||
10 | attorney for
either the
buyer or the seller in the same | ||||||
11 | transaction in which the licensee is acting or
has acted as | ||||||
12 | a managing broker
or broker.
| ||||||
13 | (35) Advertising or offering merchandise or services | ||||||
14 | as free if any
conditions or
obligations necessary for | ||||||
15 | receiving the merchandise or services are not
disclosed in | ||||||
16 | the same
advertisement or offer. These conditions or | ||||||
17 | obligations include without
limitation the
requirement | ||||||
18 | that the recipient attend a promotional activity or visit a | ||||||
19 | real
estate site. As used in this
subdivision (35), "free" | ||||||
20 | includes terms such as "award", "prize", "no charge",
"free | ||||||
21 | of charge",
"without charge", and similar words or phrases | ||||||
22 | that reasonably lead a person to
believe that he or she
may | ||||||
23 | receive or has been selected to receive something of value, | ||||||
24 | without any
conditions or
obligations on the part of the | ||||||
25 | recipient.
| ||||||
26 | (36) (Blank). Disregarding or violating any provision |
| |||||||
| |||||||
1 | of the Land Sales
Registration Act of 1989, the Illinois | ||||||
2 | Real Estate
Time-Share Act, or the published rules | ||||||
3 | promulgated by the Department to enforce
those Acts.
| ||||||
4 | (37) Violating the terms of a disciplinary order
issued | ||||||
5 | by the Department.
| ||||||
6 | (38) Paying or failing to disclose compensation in | ||||||
7 | violation of Article 10 of this Act.
| ||||||
8 | (39) Requiring a party to a transaction who is not a | ||||||
9 | client of the
licensee
to allow the licensee to retain a | ||||||
10 | portion of the escrow moneys for payment of
the licensee's | ||||||
11 | commission or expenses as a condition for release of the | ||||||
12 | escrow
moneys to that party.
| ||||||
13 | (40) Disregarding or violating any provision of this | ||||||
14 | Act or the published
rules
promulgated by the Department to | ||||||
15 | enforce this Act or aiding or abetting any individual,
| ||||||
16 | partnership, registered limited liability partnership, | ||||||
17 | limited liability
company, or corporation in
disregarding | ||||||
18 | any provision of this Act or the published rules | ||||||
19 | promulgated by the Department
to enforce this Act.
| ||||||
20 | (41) Failing to provide the minimum services required | ||||||
21 | by Section 15-75 of this Act when acting under an exclusive | ||||||
22 | brokerage agreement.
| ||||||
23 | (42) Habitual or excessive use or addiction to alcohol, | ||||||
24 | narcotics, stimulants, or any other chemical agent or drug | ||||||
25 | that results in a managing broker, broker, or leasing | ||||||
26 | agent's inability to practice with reasonable skill or |
| |||||||
| |||||||
1 | safety. | ||||||
2 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
3 | defined in the Auction License Act, to conduct a real | ||||||
4 | estate auction in a manner that is in violation of this | ||||||
5 | Act. | ||||||
6 | (b) The Department may refuse to issue or renew or may | ||||||
7 | suspend the license of any person who fails to file a return, | ||||||
8 | pay the tax, penalty or interest shown in a filed return, or | ||||||
9 | pay any final assessment of tax, penalty, or interest, as | ||||||
10 | required by any tax Act administered by the Department of | ||||||
11 | Revenue, until such time as the requirements of that tax Act | ||||||
12 | are satisfied in accordance with subsection (g) of Section | ||||||
13 | 2105-15 of the Civil Administrative Code of Illinois. | ||||||
14 | (c) The Department shall deny a license or renewal | ||||||
15 | authorized by this Act to a person who has defaulted on an | ||||||
16 | educational loan or scholarship provided or guaranteed by the | ||||||
17 | Illinois Student Assistance Commission or any governmental | ||||||
18 | agency of this State in accordance with item (5) of subsection | ||||||
19 | (a) of Section 2105-15 of the Civil Administrative Code of | ||||||
20 | Illinois. | ||||||
21 | (d) In cases where the Department of Healthcare and Family | ||||||
22 | Services (formerly Department of Public Aid) has previously | ||||||
23 | determined that a licensee or a potential licensee is more than | ||||||
24 | 30 days delinquent in the payment of child support and has | ||||||
25 | subsequently certified the delinquency to the Department may | ||||||
26 | refuse to issue or renew or may revoke or suspend that person's |
| |||||||
| |||||||
1 | license or may take other disciplinary action against that | ||||||
2 | person based solely upon the certification of delinquency made | ||||||
3 | by the Department of Healthcare and Family Services in | ||||||
4 | accordance with item (5) of subsection (a) of Section 2105-15 | ||||||
5 | of the Civil Administrative Code of Illinois. | ||||||
6 | (e) In enforcing this Section, the Department or Board upon | ||||||
7 | a showing of a possible violation may compel an individual | ||||||
8 | licensed to practice under this Act, or who has applied for | ||||||
9 | licensure under this Act, to submit to a mental or physical | ||||||
10 | examination, or both, as required by and at the expense of the | ||||||
11 | Department. The Department or Board may order the examining | ||||||
12 | physician to present testimony concerning the mental or | ||||||
13 | physical examination of the licensee or applicant. No | ||||||
14 | information shall be excluded by reason of any common law or | ||||||
15 | statutory privilege relating to communications between the | ||||||
16 | licensee or applicant and the examining physician. The | ||||||
17 | examining physicians shall be specifically designated by the | ||||||
18 | Board or Department. The individual to be examined may have, at | ||||||
19 | his or her own expense, another physician of his or her choice | ||||||
20 | present during all aspects of this examination. Failure of an | ||||||
21 | individual to submit to a mental or physical examination, when | ||||||
22 | directed, shall be grounds for suspension of his or her license | ||||||
23 | until the individual submits to the examination if the | ||||||
24 | Department finds, after notice and hearing, that the refusal to | ||||||
25 | submit to the examination was without reasonable cause. | ||||||
26 | If the Department or Board finds an individual unable to |
| |||||||
| |||||||
1 | practice because of the reasons set forth in this Section, the | ||||||
2 | Department or Board may require that individual to submit to | ||||||
3 | care, counseling, or treatment by physicians approved or | ||||||
4 | designated by the Department or Board, as a condition, term, or | ||||||
5 | restriction for continued, reinstated, or renewed licensure to | ||||||
6 | practice; or, in lieu of care, counseling, or treatment, the | ||||||
7 | Department may file, or the Board may recommend to the | ||||||
8 | Department to file, a complaint to immediately suspend, revoke, | ||||||
9 | or otherwise discipline the license of the individual. An | ||||||
10 | individual whose license was granted, continued, reinstated, | ||||||
11 | renewed, disciplined or supervised subject to such terms, | ||||||
12 | conditions, or restrictions, and who fails to comply with such | ||||||
13 | terms, conditions, or restrictions, shall be referred to the | ||||||
14 | Secretary for a determination as to whether the individual | ||||||
15 | shall have his or her license suspended immediately, pending a | ||||||
16 | hearing by the Department. | ||||||
17 | In instances in which the Secretary immediately suspends a | ||||||
18 | person's license under this Section, a hearing on that person's | ||||||
19 | license must be convened by the Department within 30 days after | ||||||
20 | the suspension and completed without appreciable delay. The | ||||||
21 | Department and Board shall have the authority to review the | ||||||
22 | subject individual's record of treatment and counseling | ||||||
23 | regarding the impairment to the extent permitted by applicable | ||||||
24 | federal statutes and regulations safeguarding the | ||||||
25 | confidentiality of medical records. | ||||||
26 | An individual licensed under this Act and affected under |
| |||||||
| |||||||
1 | this Section shall be afforded an opportunity to demonstrate to | ||||||
2 | the Department or Board that he or she can resume practice in | ||||||
3 | compliance with acceptable and prevailing standards under the | ||||||
4 | provisions of his or her license. | ||||||
5 | (Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14; | ||||||
6 | 99-227, eff. 8-3-15.)
| ||||||
7 | (225 ILCS 454/20-85)
| ||||||
8 | (Section scheduled to be repealed on January 1, 2020)
| ||||||
9 | Sec. 20-85. Recovery from Real Estate Recovery Fund. The | ||||||
10 | Department shall maintain a Real Estate Recovery Fund from | ||||||
11 | which any person aggrieved
by an act,
representation, | ||||||
12 | transaction, or conduct of a licensee or unlicensed employee of
| ||||||
13 | a licensee that is
in violation of this Act or the rules | ||||||
14 | promulgated pursuant thereto,
constitutes
embezzlement of | ||||||
15 | money or property, or results in money or property being
| ||||||
16 | unlawfully obtained
from any person by false pretenses, | ||||||
17 | artifice, trickery, or forgery or by reason
of any fraud,
| ||||||
18 | misrepresentation, discrimination, or deceit by or on the part | ||||||
19 | of any such
licensee or the unlicensed
employee of a licensee | ||||||
20 | and that results in a loss of actual cash money, as
opposed to | ||||||
21 | losses in
market value, may recover. The aggrieved person may | ||||||
22 | recover, by a post-judgment order of the
circuit court of the
| ||||||
23 | county where the violation occurred in a proceeding described | ||||||
24 | in Section 20-90 of this Act, an amount of not more than | ||||||
25 | $25,000 from
the Fund for
damages sustained by the act, |
| |||||||
| |||||||
1 | representation, transaction, or conduct, together
with costs | ||||||
2 | of suit and
attorney's fees incurred in connection therewith of | ||||||
3 | not to exceed 15% of the
amount of the recovery
ordered paid | ||||||
4 | from the Fund. However, no person may
recover from the
Fund | ||||||
5 | unless the court finds that the person suffered a loss | ||||||
6 | resulting from
intentional misconduct.
The post-judgment order | ||||||
7 | shall not include interest on the judgment.
The maximum | ||||||
8 | liability against the Fund arising out of any one act shall be | ||||||
9 | as
provided in this
Section, and the post-judgment order shall | ||||||
10 | spread the award equitably among all
co-owners or otherwise
| ||||||
11 | aggrieved persons, if any. The maximum liability against the | ||||||
12 | Fund arising out
of the activities of
any one licensee or one | ||||||
13 | unlicensed employee of a licensee, since January 1,
1974, shall | ||||||
14 | be $100,000.
Nothing in this Section shall be construed to | ||||||
15 | authorize recovery from the Fund
unless the loss of the | ||||||
16 | aggrieved person results from an act or omission of a licensee | ||||||
17 | under this Act
who was at the time of the act or omission
| ||||||
18 | acting in such
capacity or was apparently acting in such | ||||||
19 | capacity or their unlicensed employee and unless the aggrieved
| ||||||
20 | person has obtained a
valid judgment and post-judgment order of | ||||||
21 | the court as provided for in Section 20-90 of this Act.
No | ||||||
22 | person aggrieved by an act, representation, or transaction that | ||||||
23 | is in
violation of the Illinois
Real Estate Time-Share Act or | ||||||
24 | the Land Sales Registration Act of 1989 may
recover from the
| ||||||
25 | Fund.
| ||||||
26 | (Source: P.A. 99-227, eff. 8-3-15.)
|
| |||||||
| |||||||
1 | Section 45. The Unified Code of Corrections is amended by | ||||||
2 | changing Section 5-5-5 as follows:
| ||||||
3 | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||||||
4 | Sec. 5-5-5. Loss and Restoration of Rights.
| ||||||
5 | (a) Conviction and disposition shall not entail the loss by | ||||||
6 | the
defendant of any civil rights, except under this Section | ||||||
7 | and Sections 29-6
and 29-10 of The Election Code, as now or | ||||||
8 | hereafter amended.
| ||||||
9 | (b) A person convicted of a felony shall be ineligible to | ||||||
10 | hold an office
created by the Constitution of this State until | ||||||
11 | the completion of his sentence.
| ||||||
12 | (c) A person sentenced to imprisonment shall lose his right | ||||||
13 | to vote
until released from imprisonment.
| ||||||
14 | (d) On completion of sentence of imprisonment or upon | ||||||
15 | discharge from
probation, conditional discharge or periodic | ||||||
16 | imprisonment, or at any time
thereafter, all license rights and | ||||||
17 | privileges
granted under the authority of this State which have | ||||||
18 | been revoked or
suspended because of conviction of an offense | ||||||
19 | shall be restored unless the
authority having jurisdiction of | ||||||
20 | such license rights finds after
investigation and hearing that | ||||||
21 | restoration is not in the public interest.
This paragraph (d) | ||||||
22 | shall not apply to the suspension or revocation of a
license to | ||||||
23 | operate a motor vehicle under the Illinois Vehicle Code.
| ||||||
24 | (e) Upon a person's discharge from incarceration or parole, |
| |||||||
| |||||||
1 | or upon a
person's discharge from probation or at any time | ||||||
2 | thereafter, the committing
court may enter an order certifying | ||||||
3 | that the sentence has been
satisfactorily completed when the | ||||||
4 | court believes it would assist in the
rehabilitation of the | ||||||
5 | person and be consistent with the public welfare.
Such order | ||||||
6 | may be entered upon the motion of the defendant or the State or
| ||||||
7 | upon the court's own motion.
| ||||||
8 | (f) Upon entry of the order, the court shall issue to the | ||||||
9 | person in
whose favor the order has been entered a certificate | ||||||
10 | stating that his
behavior after conviction has warranted the | ||||||
11 | issuance of the order.
| ||||||
12 | (g) This Section shall not affect the right of a defendant | ||||||
13 | to
collaterally attack his conviction or to rely on it in bar | ||||||
14 | of subsequent
proceedings for the same offense.
| ||||||
15 | (h) No application for any license specified in subsection | ||||||
16 | (i) of this
Section granted under the
authority of this State | ||||||
17 | shall be denied by reason of an eligible offender who
has | ||||||
18 | obtained a certificate of relief from disabilities, as
defined | ||||||
19 | in Article 5.5 of this Chapter, having been previously | ||||||
20 | convicted of one
or more
criminal offenses, or by reason of a | ||||||
21 | finding of lack of "good moral
character" when the finding is | ||||||
22 | based upon the fact that the applicant has
previously been | ||||||
23 | convicted of one or more criminal offenses, unless:
| ||||||
24 | (1) there is a direct relationship between one or more | ||||||
25 | of the previous
criminal offenses and the specific license | ||||||
26 | sought; or
|
| |||||||
| |||||||
1 | (2) the issuance of the license would
involve an | ||||||
2 | unreasonable risk to property or to the safety or welfare | ||||||
3 | of
specific individuals or the general public.
| ||||||
4 | In making such a determination, the licensing agency shall | ||||||
5 | consider the
following factors:
| ||||||
6 | (1) the public policy of this State, as expressed in | ||||||
7 | Article 5.5 of this
Chapter, to encourage the licensure and | ||||||
8 | employment of persons previously
convicted of one or more | ||||||
9 | criminal offenses;
| ||||||
10 | (2) the specific duties and responsibilities | ||||||
11 | necessarily related to the
license being sought;
| ||||||
12 | (3) the bearing, if any, the criminal offenses or | ||||||
13 | offenses for which the
person
was previously convicted will | ||||||
14 | have on his or her fitness or ability to perform
one or
| ||||||
15 | more such duties and responsibilities;
| ||||||
16 | (4) the time which has elapsed since the occurrence of | ||||||
17 | the criminal
offense or offenses;
| ||||||
18 | (5) the age of the person at the time of occurrence of | ||||||
19 | the criminal
offense or offenses;
| ||||||
20 | (6) the seriousness of the offense or offenses;
| ||||||
21 | (7) any information produced by the person or produced | ||||||
22 | on his or her
behalf in
regard to his or her rehabilitation | ||||||
23 | and good conduct, including a certificate
of relief from | ||||||
24 | disabilities issued to the applicant, which certificate | ||||||
25 | shall
create a presumption of rehabilitation in regard to | ||||||
26 | the offense or offenses
specified in the certificate; and
|
| |||||||
| |||||||
1 | (8) the legitimate interest of the licensing agency in | ||||||
2 | protecting
property, and
the safety and welfare of specific | ||||||
3 | individuals or the general public.
| ||||||
4 | (i) A certificate of relief from disabilities shall be | ||||||
5 | issued only
for a
license or certification issued under the | ||||||
6 | following Acts:
| ||||||
7 | (1) the Animal Welfare Act; except that a certificate | ||||||
8 | of relief from
disabilities may not be granted
to provide | ||||||
9 | for
the
issuance or restoration of a license under the | ||||||
10 | Animal Welfare Act for any
person convicted of violating | ||||||
11 | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||||||
12 | Care for Animals Act or Section 26-5 or 48-1 of the | ||||||
13 | Criminal Code of
1961 or the Criminal Code of 2012;
| ||||||
14 | (2) the Illinois Athletic Trainers Practice Act;
| ||||||
15 | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||||||
16 | and Nail Technology Act of 1985;
| ||||||
17 | (4) the Boiler and Pressure Vessel Repairer Regulation | ||||||
18 | Act;
| ||||||
19 | (5) the Boxing and Full-contact Martial Arts Act;
| ||||||
20 | (6) the Illinois Certified Shorthand Reporters Act of | ||||||
21 | 1984;
| ||||||
22 | (7) the Illinois Farm Labor Contractor Certification | ||||||
23 | Act;
| ||||||
24 | (8) the Interior Design Title Act;
| ||||||
25 | (9) the Illinois Professional Land Surveyor Act of | ||||||
26 | 1989;
|
| |||||||
| |||||||
1 | (10) the Illinois Landscape Architecture Act of 1989;
| ||||||
2 | (11) the Marriage and Family Therapy Licensing Act;
| ||||||
3 | (12) the Private Employment Agency Act;
| ||||||
4 | (13) the Professional Counselor and Clinical | ||||||
5 | Professional Counselor
Licensing and Practice
Act;
| ||||||
6 | (14) the Real Estate License Act of 2000;
| ||||||
7 | (15) the Illinois Roofing Industry Licensing Act; | ||||||
8 | (16) the Professional Engineering Practice Act of | ||||||
9 | 1989; | ||||||
10 | (17) the Water Well and Pump Installation Contractor's | ||||||
11 | License Act; | ||||||
12 | (18) the Electrologist Licensing Act;
| ||||||
13 | (19) the Auction License Act; | ||||||
14 | (20) the Illinois Architecture Practice Act of 1989; | ||||||
15 | (21) the Dietitian Nutritionist Practice Act; | ||||||
16 | (22) the Environmental Health Practitioner Licensing | ||||||
17 | Act; | ||||||
18 | (23) the Funeral Directors and Embalmers Licensing | ||||||
19 | Code; | ||||||
20 | (24) (blank) the Land Sales Registration Act of 1999 ; | ||||||
21 | (25) the Professional Geologist Licensing Act; | ||||||
22 | (26) the Illinois Public Accounting Act; and | ||||||
23 | (27) the Structural Engineering Practice Act of 1989.
| ||||||
24 | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; | ||||||
25 | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. | ||||||
26 | 1-25-13; 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | (765 ILCS 86/Act rep.)
| ||||||
2 | Section 95. The Land Sales Registration Act of 1999 is | ||||||
3 | repealed.
| ||||||
4 | (765 ILCS 101/Act rep.)
| ||||||
5 | Section 100. The Real Estate Timeshare Act of 1999 is | ||||||
6 | repealed.
| ||||||
7 | Section 105. The Ticket Sale and Resale Act is amended by | ||||||
8 | changing Section 1.5 as follows:
| ||||||
9 | (815 ILCS 414/1.5) (was 720 ILCS 375/1.5)
| ||||||
10 | Sec. 1.5. Sale of tickets at more than face value | ||||||
11 | prohibited; exceptions.
| ||||||
12 | (a) Except as otherwise provided in subsections (b), (c), | ||||||
13 | (d), (e), and (f-5) of this Section and in Section 4, it is | ||||||
14 | unlawful for any person,
persons, firm or corporation to sell | ||||||
15 | tickets for baseball games, football
games, hockey games, | ||||||
16 | theatre entertainments, or any other amusement for a
price more | ||||||
17 | than the price printed upon the face of said ticket, and the
| ||||||
18 | price of said ticket shall correspond with the same price shown | ||||||
19 | at the box
office or the office of original distribution.
| ||||||
20 | (b) This Act does not apply to the resale of tickets of | ||||||
21 | admission to a
sporting event, theater, musical performance, or | ||||||
22 | place of public
entertainment or amusement of any kind for a |
| |||||||
| |||||||
1 | price in excess of the printed
box office ticket price by a | ||||||
2 | ticket broker who meets all of the following
requirements:
| ||||||
3 | (1) The ticket broker is duly registered with the | ||||||
4 | Office of the
Secretary of State on a registration form | ||||||
5 | provided by that Office. The
registration must contain a | ||||||
6 | certification that the ticket broker:
| ||||||
7 | (A) engages in the resale of tickets on a regular
| ||||||
8 | and ongoing basis from one or more permanent or fixed | ||||||
9 | locations located
within
this State;
| ||||||
10 | (B) maintains as the principal business activity | ||||||
11 | at those locations
the resale of tickets;
| ||||||
12 | (C) displays at those locations the ticket | ||||||
13 | broker's registration;
| ||||||
14 | (D) maintains at those locations a listing of the | ||||||
15 | names and addresses of
all persons employed by the | ||||||
16 | ticket broker;
| ||||||
17 | (E) is in compliance with all applicable federal, | ||||||
18 | State, and local laws
relating to its ticket selling | ||||||
19 | activities, and that neither the ticket broker
nor any | ||||||
20 | of its employees within the preceding 12 months have | ||||||
21 | been convicted of
a violation of this Act; and
| ||||||
22 | (F) meets the following requirements:
| ||||||
23 | (i) the ticket broker maintains a toll free | ||||||
24 | number specifically dedicated for Illinois | ||||||
25 | consumer complaints and
inquiries concerning | ||||||
26 | ticket sales;
|
| |||||||
| |||||||
1 | (ii) the ticket broker has adopted a code that | ||||||
2 | advocates consumer protection that
includes, at a | ||||||
3 | minimum:
| ||||||
4 | (a-1) consumer protection guidelines;
| ||||||
5 | (b-1) a standard refund policy. In the | ||||||
6 | event a refund is due, the ticket broker shall | ||||||
7 | provide that refund without charge other than | ||||||
8 | for reasonable delivery fees for the return of | ||||||
9 | the tickets; and
| ||||||
10 | (c-1) standards of professional conduct;
| ||||||
11 | (iii) the ticket broker has adopted a | ||||||
12 | procedure for the binding resolution of consumer
| ||||||
13 | complaints by an independent, disinterested third | ||||||
14 | party and thereby submits to the jurisdiction of | ||||||
15 | the State of Illinois; and
| ||||||
16 | (iv) the ticket broker has established and | ||||||
17 | maintains a consumer protection rebate fund
in | ||||||
18 | Illinois in an amount in excess of $100,000, which | ||||||
19 | must be cash
available for immediate disbursement | ||||||
20 | for satisfaction of valid consumer
complaints.
| ||||||
21 | Alternatively, the ticket broker may fulfill the | ||||||
22 | requirements of
subparagraph (F) of this paragraph (1) if | ||||||
23 | the ticket broker certifies that he
or she belongs to a | ||||||
24 | professional association
organized under the laws of this | ||||||
25 | State, or organized under the laws of
any
other state and | ||||||
26 | authorized to conduct business in Illinois, that has been |
| |||||||
| |||||||
1 | in
existence for at least 3 years prior to the date of that | ||||||
2 | broker's registration
with the Office of the Secretary of | ||||||
3 | State, and is specifically
dedicated, for and on behalf of | ||||||
4 | its members, to provide and
maintain the consumer | ||||||
5 | protection requirements of subparagraph (F) of this | ||||||
6 | paragraph (1) to maintain the integrity of the ticket | ||||||
7 | brokerage industry.
| ||||||
8 | (2) (Blank).
| ||||||
9 | (3) The ticket broker and his employees must not engage | ||||||
10 | in the
practice of selling, or attempting to sell, tickets | ||||||
11 | for any event while
sitting or standing near the facility | ||||||
12 | at which the event is to be held or
is being held unless | ||||||
13 | the ticket broker or his or her employees are on property | ||||||
14 | they own, lease, or have permission to occupy.
| ||||||
15 | (4) The ticket broker must comply with all requirements | ||||||
16 | of the
Retailers' Occupation Tax Act and collect and remit
| ||||||
17 | all other applicable federal, State and
local taxes in | ||||||
18 | connection with the ticket broker's ticket selling | ||||||
19 | activities.
| ||||||
20 | (5) Beginning January 1, 1996, no ticket broker shall | ||||||
21 | advertise for
resale any tickets within this State unless | ||||||
22 | the advertisement contains the
name of the ticket broker | ||||||
23 | and the Illinois registration number issued by the
Office | ||||||
24 | of the Secretary of State under this Section.
| ||||||
25 | (6) Each ticket broker registered under this Act shall | ||||||
26 | pay an annual
registration fee of $100. |
| |||||||
| |||||||
1 | (c) This Act does not apply to the sale of tickets of | ||||||
2 | admission to a sporting event, theater, musical performance, or | ||||||
3 | place of public entertainment or amusement of any kind for a | ||||||
4 | price in excess of the printed box office ticket price by a | ||||||
5 | reseller engaged in interstate or intrastate commerce on an | ||||||
6 | Internet auction listing service duly registered with the | ||||||
7 | Department of Financial and Professional Regulation under the | ||||||
8 | Auction License Act and with the Office of the Secretary of | ||||||
9 | State on a registration form provided by that Office. This | ||||||
10 | subsection (c) applies to both sales through an online bid | ||||||
11 | submission process and sales at a fixed price on the same | ||||||
12 | website or interactive computer service as an Internet auction | ||||||
13 | listing service registered with the Department of Financial and | ||||||
14 | Professional Regulation . | ||||||
15 | This subsection (c) applies to resales described in this | ||||||
16 | subsection only if the operator of the Internet auction listing | ||||||
17 | service meets the following requirements: | ||||||
18 | (1) the operator maintains a listing of the names and | ||||||
19 | addresses of its corporate officers; | ||||||
20 | (2) the operator is in compliance with all applicable | ||||||
21 | federal, State, and local laws relating to ticket selling | ||||||
22 | activities, and the operator's officers and directors have | ||||||
23 | not been convicted of a violation of this Act within the | ||||||
24 | preceding 12 months;
| ||||||
25 | (3) the operator maintains, either itself or through an | ||||||
26 | affiliate, a toll free number dedicated for consumer |
| |||||||
| |||||||
1 | complaints; | ||||||
2 | (4) the operator provides consumer protections that | ||||||
3 | include at a minimum: | ||||||
4 | (A) consumer protection guidelines; | ||||||
5 | (B) a standard refund policy that guarantees to all | ||||||
6 | purchasers that it will provide and in
fact provides a | ||||||
7 | full refund of the amount paid by the purchaser | ||||||
8 | (including, but not limited to, all fees, regardless of | ||||||
9 | how characterized) if the following occurs: | ||||||
10 | (i) the ticketed event is cancelled and the | ||||||
11 | purchaser returns the tickets to the seller or | ||||||
12 | Internet auction listing service; however, | ||||||
13 | reasonable delivery fees need not be refunded if | ||||||
14 | the previously disclosed guarantee specifies that | ||||||
15 | the fees will not be refunded if the event is | ||||||
16 | cancelled; | ||||||
17 | (ii) the ticket received by the purchaser does | ||||||
18 | not allow the purchaser to enter the ticketed event | ||||||
19 | for reasons that may include, without limitation, | ||||||
20 | that the ticket is counterfeit or that the ticket | ||||||
21 | has been cancelled by the issuer due to | ||||||
22 | non-payment, unless the ticket is cancelled due to | ||||||
23 | an act or omission by such purchaser; | ||||||
24 | (iii) the ticket fails to conform to its | ||||||
25 | description on the Internet auction listing | ||||||
26 | service; or |
| |||||||
| |||||||
1 | (iv) the ticket seller willfully fails to send | ||||||
2 | the ticket or tickets to the purchaser, or the | ||||||
3 | ticket seller attempted to deliver the ticket or | ||||||
4 | tickets to the purchaser in the manner required by | ||||||
5 | the Internet auction listing service and the | ||||||
6 | purchaser failed to receive the ticket or tickets; | ||||||
7 | and
| ||||||
8 | (C) standards of professional conduct;
| ||||||
9 | (5) the operator has adopted an independent and | ||||||
10 | disinterested dispute resolution procedure that allows | ||||||
11 | resellers or purchasers to file complaints against the | ||||||
12 | other and have those complaints mediated or resolved by a | ||||||
13 | third party, and requires the resellers or purchasers to | ||||||
14 | submit to the jurisdiction of the State of Illinois for | ||||||
15 | complaints involving a ticketed event held in Illinois; | ||||||
16 | (6) the operator either: | ||||||
17 | (A) complies with all applicable requirements of | ||||||
18 | the Retailers' Occupation Tax Act and collects and | ||||||
19 | remits all applicable federal, State, and local taxes; | ||||||
20 | or
| ||||||
21 | (B) publishes a written notice on the website after | ||||||
22 | the sale of one or more tickets that automatically | ||||||
23 | informs the ticket reseller of the ticket reseller's | ||||||
24 | potential legal obligation to pay any applicable local | ||||||
25 | amusement tax in connection with the reseller's sale of | ||||||
26 | tickets, and discloses to law enforcement or other |
| |||||||
| |||||||
1 | government tax officials, without subpoena, the name, | ||||||
2 | city, state, telephone number, e-mail address, user ID | ||||||
3 | history, fraud complaints, and bidding and listing | ||||||
4 | history of any specifically identified reseller or | ||||||
5 | purchaser upon the receipt of a verified request from | ||||||
6 | law enforcement or other government tax officials | ||||||
7 | relating to a criminal investigation or alleged | ||||||
8 | illegal activity; and
| ||||||
9 | (7) the operator either: | ||||||
10 | (A) has established and maintains a consumer | ||||||
11 | protection rebate fund in Illinois in an amount in | ||||||
12 | excess of $100,000, which must be cash available for | ||||||
13 | immediate disbursement for satisfaction of valid | ||||||
14 | consumer complaints; or | ||||||
15 | (B) has obtained and maintains in force an errors | ||||||
16 | and omissions insurance policy that provides at least | ||||||
17 | $100,000 in coverage and proof that the policy has been | ||||||
18 | filed with the Department of Financial and | ||||||
19 | Professional Regulation .
| ||||||
20 | (d) This Act does not apply to the resale of tickets of | ||||||
21 | admission to a sporting event, theater, musical performance, or | ||||||
22 | place of public entertainment or amusement of any kind for a | ||||||
23 | price in excess of the printed box office ticket price | ||||||
24 | conducted at an auction solely by or for a not-for-profit | ||||||
25 | organization for charitable purposes under clause (a)(1) of | ||||||
26 | Section 10-1 of the Auction License Act. |
| |||||||
| |||||||
1 | (e) This Act does not apply to the resale of a ticket for | ||||||
2 | admission to a baseball game, football game, hockey game, | ||||||
3 | theatre entertainment, or any other amusement for a price more | ||||||
4 | than the price printed on the face of the ticket and for more | ||||||
5 | than the price of the ticket at the box office if the resale is | ||||||
6 | made through an Internet website whose operator meets the | ||||||
7 | following requirements: | ||||||
8 | (1) the operator has a business presence and physical | ||||||
9 | street address in the State of Illinois and clearly and | ||||||
10 | conspicuously posts that address on the website; | ||||||
11 | (2) the operator maintains a listing of the names of | ||||||
12 | the operator's directors and officers, and is duly | ||||||
13 | registered with the Office of the Secretary of State on a | ||||||
14 | registration form provided by that Office;
| ||||||
15 | (3) the operator is in compliance with all applicable | ||||||
16 | federal, State, and local laws relating to its ticket | ||||||
17 | reselling activities regulated under this Act, and the | ||||||
18 | operator's officers and directors have not been convicted | ||||||
19 | of a violation of this Act within the preceding 12 months;
| ||||||
20 | (4) the operator maintains a toll free number | ||||||
21 | specifically dedicated for consumer complaints and | ||||||
22 | inquiries regarding ticket resales made through the | ||||||
23 | website; | ||||||
24 | (5) the operator either: | ||||||
25 | (A) has established and maintains a consumer | ||||||
26 | protection rebate fund in Illinois in an amount in |
| |||||||
| |||||||
1 | excess of $100,000, which must be cash available for | ||||||
2 | immediate disbursement for satisfaction of valid | ||||||
3 | consumer complaints; or | ||||||
4 | (B) has obtained and maintains in force an errors | ||||||
5 | and omissions policy of insurance in the minimum amount | ||||||
6 | of $100,000 for the satisfaction of valid consumer | ||||||
7 | complaints; | ||||||
8 | (6) the operator has adopted an independent and | ||||||
9 | disinterested dispute resolution procedure that allows | ||||||
10 | resellers or purchasers to file complaints against the | ||||||
11 | other and have those complaints mediated or resolved by a | ||||||
12 | third party, and requires the resellers or purchasers to | ||||||
13 | submit to the jurisdiction of the State of Illinois for | ||||||
14 | complaints involving a ticketed event held in Illinois; | ||||||
15 | (7) the operator either: | ||||||
16 | (A) complies with all applicable requirements of | ||||||
17 | the Retailers' Occupation Tax Act and collects and | ||||||
18 | remits all applicable federal, State, and local taxes; | ||||||
19 | or | ||||||
20 | (B) publishes a written notice on the website after | ||||||
21 | the sale of one or more tickets that automatically | ||||||
22 | informs the ticket reseller of the ticket reseller's | ||||||
23 | potential legal obligation to pay any applicable local | ||||||
24 | amusement tax in connection with the reseller's sale of | ||||||
25 | tickets, and discloses to law enforcement or other | ||||||
26 | government tax officials, without subpoena, the name, |
| |||||||
| |||||||
1 | city, state, telephone number, e-mail address, user ID | ||||||
2 | history, fraud complaints, and bidding and listing | ||||||
3 | history of any specifically identified reseller or | ||||||
4 | purchaser upon the receipt of a verified request from | ||||||
5 | law enforcement or other government tax officials | ||||||
6 | relating to a criminal investigation or alleged | ||||||
7 | illegal activity; and
| ||||||
8 | (8) the operator guarantees to all purchasers that it | ||||||
9 | will provide and in fact provides a full refund of the | ||||||
10 | amount paid by the purchaser (including, but not limited | ||||||
11 | to, all fees, regardless of how characterized) if any of | ||||||
12 | the following occurs: | ||||||
13 | (A) the ticketed event is cancelled and the | ||||||
14 | purchaser returns the tickets to the website operator; | ||||||
15 | however, reasonable delivery fees need not be refunded | ||||||
16 | if the previously disclosed guarantee specifies that | ||||||
17 | the fees will not be refunded if the event is | ||||||
18 | cancelled; | ||||||
19 | (B) the ticket received by the purchaser does not | ||||||
20 | allow the purchaser to enter the ticketed event for | ||||||
21 | reasons that may include, without limitation, that the | ||||||
22 | ticket is counterfeit or that the ticket has been | ||||||
23 | cancelled by the issuer due to non-payment, unless the | ||||||
24 | ticket is cancelled due to an act or omission by the | ||||||
25 | purchaser; | ||||||
26 | (C) the ticket fails to conform to its description |
| |||||||
| |||||||
1 | on the website; or | ||||||
2 | (D) the ticket seller willfully fails to send the | ||||||
3 | ticket or tickets to the purchaser, or the ticket | ||||||
4 | seller attempted to deliver the ticket or tickets to | ||||||
5 | the purchaser in the manner required by the website | ||||||
6 | operator and the purchaser failed to receive the ticket | ||||||
7 | or tickets.
| ||||||
8 | Nothing in this subsection (e) shall be deemed to imply any | ||||||
9 | limitation on ticket sales made in accordance with subsections | ||||||
10 | (b), (c), and (d) of this Section or any limitation on sales | ||||||
11 | made in accordance with Section 4.
| ||||||
12 | (f) The provisions of subsections (b), (c), (d), and (e) of
| ||||||
13 | this Section apply only to the resale of a ticket after the | ||||||
14 | initial sale of that ticket.
No reseller of a ticket may refuse | ||||||
15 | to sell tickets to another ticket reseller solely on the basis | ||||||
16 | that the purchaser is a ticket reseller or ticket broker | ||||||
17 | authorized to resell tickets pursuant to this Act.
| ||||||
18 | (f-5) In addition to the requirements imposed under | ||||||
19 | subsections (b), (c), (d), (e), and (f) of this Section, ticket | ||||||
20 | brokers and resellers must comply with the requirements of this | ||||||
21 | subsection. Before accepting any payment from a purchaser, a | ||||||
22 | ticket broker or reseller must disclose to the purchaser in a | ||||||
23 | clear, conspicuous, and readily noticeable manner the | ||||||
24 | following information: | ||||||
25 | (1) the registered name and city of the event venue; | ||||||
26 | (2) that the ticket broker or reseller is not the event |
| |||||||
| |||||||
1 | venue box office or its licensed ticket agent, but is, | ||||||
2 | instead, a ticket broker or reseller and that lost or | ||||||
3 | stolen tickets may be reissued only by ticket brokers or | ||||||
4 | resellers; | ||||||
5 | (3) whether it is registered under this Act; and | ||||||
6 | (4) its refund policy, name, and contact information. | ||||||
7 | Before selling and accepting payment for a ticket, a ticket | ||||||
8 | broker or reseller must require the purchaser to acknowledge by | ||||||
9 | an affirmative act the disclosures required under this | ||||||
10 | subsection. The disclosures required by this subsection must be | ||||||
11 | made in a clear and conspicuous manner, appear together, and be | ||||||
12 | preceded by the heading "IMPORTANT NOTICE" which must be in | ||||||
13 | bold face font that is larger than the font size of the | ||||||
14 | required disclosures. | ||||||
15 | Ticket brokers and resellers must guarantee a full refund | ||||||
16 | of the amount paid by the purchaser, including handling and | ||||||
17 | delivery fees, if any of the following occurs: | ||||||
18 | (1) the ticket received by the purchaser does not grant | ||||||
19 | the purchaser admission to the event described on the | ||||||
20 | ticket, unless it is due to an act or omission by the | ||||||
21 | purchaser; | ||||||
22 | (2) the ticket fails to conform substantially to its | ||||||
23 | description as advertised; or | ||||||
24 | (3) the event for which the ticket has been resold is | ||||||
25 | cancelled and not rescheduled. | ||||||
26 | This subsection (f-5) does not apply to an Internet auction |
| |||||||
| |||||||
1 | listing service registered with the Department of Financial and | ||||||
2 | Professional Regulation as required under the Auction License | ||||||
3 | Act . | ||||||
4 | (g) The provisions of Public Act 89-406 are severable under | ||||||
5 | Section
1.31 of the Statute on Statutes. | ||||||
6 | (h) The provisions of this amendatory Act of the 94th | ||||||
7 | General Assembly are severable under Section
1.31 of the | ||||||
8 | Statute on Statutes.
| ||||||
9 | (Source: P.A. 99-431, eff. 1-1-16 .)
| ||||||
10 | Section 999. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|