Bill Text: IL SB2893 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Real Estate License Act of 2000. Removes the restriction that managing brokers and brokers can earn no more than 6 hours of continuing education credit in one calendar year.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2016-04-22 - Referred to Rules Committee [SB2893 Detail]
Download: Illinois-2015-SB2893-Engrossed.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 Real Estate License Act of 2000 is amended | ||||||
| 5 | by changing Section 5-70 as follows:
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| 6 | (225 ILCS 454/5-70)
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| 7 | (Section scheduled to be repealed on January 1, 2020)
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| 8 | Sec. 5-70. Continuing education requirement; managing | ||||||
| 9 | broker or broker.
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| 10 | (a) The requirements of this Section apply to all managing | ||||||
| 11 | brokers and brokers.
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| 12 | (b) Except as otherwise
provided in this Section, each
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| 13 | person who applies for renewal of his or her license as a | ||||||
| 14 | managing broker or broker must successfully complete 6 hours of | ||||||
| 15 | real estate continuing education
courses approved by
the | ||||||
| 16 | Advisory Council for each year of the pre-renewal period. In | ||||||
| 17 | addition, beginning with the pre-renewal period for managing | ||||||
| 18 | broker licensees that begins after the effective date of this | ||||||
| 19 | Act, those licensees renewing or obtaining a managing broker's | ||||||
| 20 | license must successfully complete a 12-hour broker management | ||||||
| 21 | continuing education course approved by the Department each | ||||||
| 22 | pre-renewal period. The broker management continuing education | ||||||
| 23 | course must be completed in the classroom or by other | ||||||
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| 1 | interactive delivery method between the instructor and the | ||||||
| 2 | students. Successful completion of the course shall include | ||||||
| 3 | achieving a passing score as provided by rule on a test | ||||||
| 4 | developed and administered in accordance with rules adopted by | ||||||
| 5 | the Department. No
license may be renewed
except upon the | ||||||
| 6 | successful completion of the required courses or their
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| 7 | equivalent or upon a waiver
of those requirements for good | ||||||
| 8 | cause shown as determined by the Secretary
with the
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| 9 | recommendation of the Advisory Council.
The requirements of | ||||||
| 10 | this Article are applicable to all managing brokers and brokers
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| 11 | except those managing brokers
and brokers who, during the | ||||||
| 12 | pre-renewal period:
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| 13 | (1) serve in the armed services of the United States;
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| 14 | (2) serve as an elected State or federal official;
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| 15 | (3) serve as a full-time employee of the Department; or
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| 16 | (4) are admitted to practice law pursuant to Illinois | ||||||
| 17 | Supreme Court rule.
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| 18 | (c) (Blank). | ||||||
| 19 | (d) A
person receiving an initial license
during the 90 | ||||||
| 20 | days before the renewal date shall not be
required to complete | ||||||
| 21 | the continuing
education courses provided for in subsection (b) | ||||||
| 22 | of this
Section as a condition of initial license renewal.
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| 23 | (e) The continuing education requirement for brokers and | ||||||
| 24 | managing brokers shall
consist of a core
curriculum and an | ||||||
| 25 | elective curriculum, to be established by the Advisory
Council. | ||||||
| 26 | In meeting the
continuing education requirements of this Act, | ||||||
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| 1 | at least 3 hours per year or
their equivalent, 6 hours for each | ||||||
| 2 | two-year pre-renewal period, shall
be required to be completed | ||||||
| 3 | in the core curriculum.
In establishing the core curriculum, | ||||||
| 4 | the Advisory Council shall consider
subjects that will
educate | ||||||
| 5 | licensees on recent changes in applicable laws and new laws and | ||||||
| 6 | refresh
the licensee on areas
of the license law and the | ||||||
| 7 | Department policy that the Advisory Council deems appropriate,
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| 8 | and any other
areas that the Advisory Council deems timely and | ||||||
| 9 | applicable in order to prevent
violations of this Act
and to | ||||||
| 10 | protect the public.
In establishing the elective curriculum, | ||||||
| 11 | the Advisory Council shall consider
subjects that cover
the | ||||||
| 12 | various aspects of the practice of real estate that are covered | ||||||
| 13 | under the
scope of this Act.
However, the elective curriculum | ||||||
| 14 | shall not include any offerings referred to in
Section 5-85 of | ||||||
| 15 | this Act.
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| 16 | (f) The subject areas of continuing education courses | ||||||
| 17 | approved by the
Advisory Council may
include without limitation | ||||||
| 18 | the following:
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| 19 | (1) license law and escrow;
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| 20 | (2) antitrust;
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| 21 | (3) fair housing;
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| 22 | (4) agency;
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| 23 | (5) appraisal;
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| 24 | (6) property management;
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| 25 | (7) residential brokerage;
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| 26 | (8) farm property management;
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| 1 | (9) rights and duties of sellers, buyers, and brokers;
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| 2 | (10) commercial brokerage and leasing; and
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| 3 | (11) real estate financing.
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| 4 | (g) In lieu of credit for those courses listed in | ||||||
| 5 | subsection (f) of this
Section, credit may be
earned for | ||||||
| 6 | serving as a licensed instructor in an approved course of | ||||||
| 7 | continuing
education. The
amount of credit earned for teaching | ||||||
| 8 | a course shall be the amount of continuing
education credit for
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| 9 | which the course is approved for licensees taking the course.
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| 10 | (h) Credit hours may be earned for self-study programs | ||||||
| 11 | approved by the
Advisory Council.
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| 12 | (i) A managing broker or broker may earn credit for a | ||||||
| 13 | specific continuing
education course only
once during the | ||||||
| 14 | prerenewal period.
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| 15 | (j) No more than 6 hours of continuing education credit may | ||||||
| 16 | be taken or earned in one
calendar day.
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| 17 | (k) To promote the offering of a uniform and consistent | ||||||
| 18 | course content, the Department may provide for the development | ||||||
| 19 | of a single broker management course to be offered by all | ||||||
| 20 | continuing education providers who choose to offer the broker | ||||||
| 21 | management continuing education course. The Department may | ||||||
| 22 | contract for the development of the 12-hour broker management | ||||||
| 23 | continuing education course with an outside vendor or | ||||||
| 24 | consultant and, if the course is developed in this manner, the | ||||||
| 25 | Department or the outside consultant shall license the use of | ||||||
| 26 | that course to all approved continuing education providers who | ||||||
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| 1 | wish to provide the course.
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| 2 | (l) Except as specifically provided in this Act, continuing | ||||||
| 3 | education credit hours may not be earned for completion of pre | ||||||
| 4 | or post-license courses. The approved 30-hour post-license | ||||||
| 5 | course for broker licensees shall satisfy the continuing | ||||||
| 6 | education requirement for the pre-renewal period in which the | ||||||
| 7 | course is taken. The approved 45-hour brokerage administration | ||||||
| 8 | and management course shall satisfy the 12-hour broker | ||||||
| 9 | management continuing education requirement for the | ||||||
| 10 | pre-renewal period in which the course is taken. | ||||||
| 11 | (Source: P.A. 98-531, eff. 8-23-13; 99-227, eff. 8-3-15.)
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