SB1821 EnrolledLRB100 09678 SMS 19847 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Section 4.30 as follows:
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary 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;
2296-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
238-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09;



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196-1000, eff. 7-2-10.)
2    (225 ILCS 401/Act rep.)
3    Section 10. The Illinois Athlete Agents Act is repealed.
4    Section 15. The Auction License Act is amended by changing
5Sections 5-10 and 10-1 as follows:
6    (225 ILCS 407/5-10)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 5-10. Definitions. As used in this Act:
9    "Advertisement" means any written, oral, or electronic
10communication that contains a promotion, inducement, or offer
11to conduct an auction or offer to provide an auction service,
12including but not limited to brochures, pamphlets, radio and
13television scripts, telephone and direct mail solicitations,
14electronic media, and other means of promotion.
15    "Advisory Board" or "Board" means the Auctioneer Advisory
17    "Associate auctioneer" means a person who conducts an
18auction, but who is under the direct supervision of, and is
19sponsored by, a licensed auctioneer or auction firm.
20    "Auction" means the sale or lease of property, real or
21personal, by means of exchanges between an auctioneer and
22prospective purchasers or lessees, which consists of a series
23of invitations for offers made by the auctioneer and offers by



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1prospective purchasers or lessees for the purpose of obtaining
2an acceptable offer for the sale or lease of the property,
3including the sale or lease of property via mail,
4telecommunications, or the Internet.
5    "Auction contract" means a written agreement between an
6auctioneer or auction firm and a seller or sellers.
7    "Auction firm" means any corporation, partnership, or
8limited liability company that acts as an auctioneer and
9provides an auction service.
10    "Auction school" means any educational institution, public
11or private, which offers a curriculum of auctioneer education
12and training approved by the Department.
13    "Auction service" means the service of arranging,
14managing, advertising, or conducting auctions.
15    "Auctioneer" means a person or entity who, for another, for
16a fee, compensation, commission, or any other valuable
17consideration at auction or with the intention or expectation
18of receiving valuable consideration by the means of or process
19of an auction or sale at auction or providing an auction
20service, offers, negotiates, or attempts to negotiate an
21auction contract, sale, purchase, or exchange of goods,
22chattels, merchandise, personal property, real property, or
23any commodity that may be lawfully kept or offered for sale by
24or at auction.
25    "Address of Record" means the designated address recorded
26by the Department in the applicant's or licensee's application



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1file or license file maintained by the Department. It is the
2duty of the applicant or licensee to inform the Department of
3any change of address, and such changes must be made either
4through the Department's website or by directly contacting the
6    "Buyer premium" means any fee or compensation paid by the
7successful purchaser of property sold or leased at or by
8auction, to the auctioneer, auction firms, seller, lessor, or
9other party to the transaction, other than the purchase price.
10    "Department" means the Department of Financial and
11Professional Regulation.
12    "Goods" means chattels, movable goods, merchandise, or
13personal property or commodities of any form or type that may
14be lawfully kept or offered for sale.
15    "Interactive computer service" means any information
16service, system, or access software provider that provides or
17enables computer access by multiple users to a computer server,
18including specifically a service or system that provides access
19to the Internet.
20    "Internet auction listing service" means a website on the
21Internet, or other interactive computer service, that is
22designed to allow or advertise as a means of allowing users to
23offer personal property or services for sale or lease to a
24prospective buyer or lessee through an on-line bid submission
25process using that website or interactive computer service and
26that does not examine, set the price, prepare the description



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1of the personal property or service to be offered, or in any
2way utilize the services of a natural person as an auctioneer.
3    "Licensee" means any person licensed under this Act.
4    "Managing auctioneer" means any person licensed as an
5auctioneer who manages and supervises licensees sponsored by an
6auction firm or auctioneer.
7    "Person" means an individual, association, partnership,
8corporation, or limited liability company or the officers,
9directors, or employees of the same.
10    "Pre-renewal period" means the 24 months prior to the
11expiration date of a license issued under this Act.
12    "Real estate" means real estate as defined in Section 1-10
13of the Real Estate License Act of 2000 or its successor Acts.
14    "Secretary" means the Secretary of the Department of
15Financial and Professional Regulation or his or her designee.
16    "Sponsoring auctioneer" means the auctioneer or auction
17firm who has issued a sponsor card to a licensed auctioneer.
18    "Sponsor card" means the temporary permit issued by the
19sponsoring auctioneer certifying that the licensee named
20thereon is employed by or associated with the sponsoring
21auctioneer and the sponsoring auctioneer shall be responsible
22for the actions of the sponsored licensee.
23(Source: P.A. 98-553, eff. 1-1-14.)
24    (225 ILCS 407/10-1)
25    (Section scheduled to be repealed on January 1, 2020)



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1    Sec. 10-1. Necessity of license; exemptions.
2    (a) It is unlawful for any person, corporation, limited
3liability company, partnership, or other entity to conduct an
4auction, provide an auction service, hold himself or herself
5out as an auctioneer, or advertise his or her services as an
6auctioneer in the State of Illinois without a license issued by
7the Department under this Act, except at:
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;
11        (2) an auction conducted by the owner of the property,
12    real or personal;
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;
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;
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
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
2new or used vehicle dealer or a vehicle auctioneer licensed by
3the Secretary of State of Illinois, or to any employee of the
4licensee, who is a resident of the State of Illinois, while the
5employee is acting in the regular scope of his or her
6employment for the licensee while conducting an auction that is
7not open to the public, provided that only new or used vehicle
8dealers, rebuilders, automotive parts recyclers, or scrap
9processors licensed by the Secretary of State or licensed by
10another state or jurisdiction may buy property at the auction,
11or to sales by or through the licensee. Out-of-state salvage
12vehicle buyers licensed in another state or jurisdiction may
13also buy property at the auction.
14    (c) Nothing in this Act shall be construed to prohibit a
15person under the age of 18 from selling property under $250 in
16value while under the direct supervision of a licensed
18    (d) Nothing in this Act, except Section 10-27, shall be
19construed to apply to a person while providing an Internet
20auction listing service as defined in Section 5-10 10-27.
21(Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730,
22eff. 8-25-09.)
23    (225 ILCS 407/10-27 rep.)
24    Section 20. The Auction License Act is amended by repealing
25Section 10-27.



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1    Section 30. The Real Estate License Act of 2000 is amended
2by changing Sections 1-10, 5-20, 20-20, and 20-85 as follows:
3    (225 ILCS 454/1-10)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 1-10. Definitions. In this Act, unless the context
6otherwise requires:
7    "Act" means the Real Estate License Act of 2000.
8    "Address of record" means the designated address recorded
9by the Department in the applicant's or licensee's application
10file or license file as maintained by the Department's
11licensure maintenance unit. It is the duty of the applicant or
12licensee to inform the Department of any change of address, and
13those changes must be made either through the Department's
14website or by contacting the Department.
15    "Advisory Council" means the Real Estate Education
16Advisory Council created under Section 30-10 of this Act.
17    "Agency" means a relationship in which a broker or
18licensee, whether directly or through an affiliated licensee,
19represents a consumer by the consumer's consent, whether
20express or implied, in a real property transaction.
21    "Applicant" means any person, as defined in this Section,
22who applies to the Department for a valid license as a managing
23broker, broker, or leasing agent.
24    "Blind advertisement" means any real estate advertisement



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1that does not include the sponsoring broker's business name and
2that is used by any licensee regarding the sale or lease of
3real estate, including his or her own, licensed activities, or
4the hiring of any licensee under this Act. The broker's
5business name in the case of a franchise shall include the
6franchise affiliation as well as the name of the individual
8    "Board" means the Real Estate Administration and
9Disciplinary Board of the Department as created by Section
1025-10 of this Act.
11    "Branch office" means a sponsoring broker's office other
12than the sponsoring broker's principal office.
13    "Broker" means an individual, partnership, limited
14liability company, corporation, or registered limited
15liability partnership other than a leasing agent who, whether
16in person or through any media or technology, for another and
17for compensation, or with the intention or expectation of
18receiving compensation, either directly or indirectly:
19        (1) Sells, exchanges, purchases, rents, or leases real
20    estate.
21        (2) Offers to sell, exchange, purchase, rent, or lease
22    real estate.
23        (3) Negotiates, offers, attempts, or agrees to
24    negotiate the sale, exchange, purchase, rental, or leasing
25    of real estate.
26        (4) Lists, offers, attempts, or agrees to list real



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1    estate for sale, rent, lease, or exchange.
2        (5) Buys, sells, offers to buy or sell, or otherwise
3    deals in options on real estate or improvements thereon.
4        (6) Supervises the collection, offer, attempt, or
5    agreement to collect rent for the use of real estate.
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.
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.
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.
15        (10) Opens real estate to the public for marketing
16    purposes.
17        (11) Sells, rents, leases, or offers for sale or lease
18    real estate at auction.
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
24between a sponsoring broker and a consumer for licensed
25activities to be provided to a consumer in return for
26compensation or the right to receive compensation from another.



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



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1comparative market analysis if no compensation is paid to the
2broker or managing broker, other than compensation based upon
3the sale or rental of real estate.
4    "Compensation" means the valuable consideration given by
5one person or entity to another person or entity in exchange
6for the performance of some activity or service. Compensation
7shall include the transfer of valuable consideration,
8including without limitation the following:
9        (1) commissions;
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;
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
23        (13) salary.
24    "Confidential information" means information obtained by a
25licensee from a client during the term of a brokerage agreement
26that (i) was made confidential by the written request or



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1written instruction of the client, (ii) deals with the
2negotiating position of the client, or (iii) is information the
3disclosure of which could materially harm the negotiating
4position of the client, unless at any time:
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
8        (3) the information becomes public from a source other
9    than the licensee.
10    "Confidential information" shall not be considered to
11include material information about the physical condition of
12the property.
13    "Consumer" means a person or entity seeking or receiving
14licensed activities.
15    "Continuing education school" means any person licensed by
16the Department as a school for continuing education in
17accordance with Section 30-15 of this Act.
18    "Coordinator" means the Coordinator of Real Estate created
19in Section 25-15 of this Act.
20    "Credit hour" means 50 minutes of classroom instruction in
21course work that meets the requirements set forth in rules
22adopted by the Department.
23    "Customer" means a consumer who is not being represented by
24the licensee but for whom the licensee is performing
25ministerial acts.
26    "Department" means the Department of Financial and



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1Professional Regulation.
2    "Designated agency" means a contractual relationship
3between a sponsoring broker and a client under Section 15-50 of
4this Act in which one or more licensees associated with or
5employed by the broker are designated as agent of the client.
6    "Designated agent" means a sponsored licensee named by a
7sponsoring broker as the legal agent of a client, as provided
8for in Section 15-50 of this Act.
9    "Dual agency" means an agency relationship in which a
10licensee is representing both buyer and seller or both landlord
11and tenant in the same transaction. When the agency
12relationship is a designated agency, the question of whether
13there is a dual agency shall be determined by the agency
14relationships of the designated agent of the parties and not of
15the sponsoring broker.
16    "Employee" or other derivative of the word "employee", when
17used to refer to, describe, or delineate the relationship
18between a sponsoring broker and a managing broker, broker, or a
19leasing agent, shall be construed to include an independent
20contractor relationship, provided that a written agreement
21exists that clearly establishes and states the relationship.
22All responsibilities of a broker shall remain.
23    "Escrow moneys" means all moneys, promissory notes or any
24other type or manner of legal tender or financial consideration
25deposited with any person for the benefit of the parties to the
26transaction. A transaction exists once an agreement has been



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1reached and an accepted real estate contract signed or lease
2agreed to by the parties. Escrow moneys includes without
3limitation earnest moneys and security deposits, except those
4security deposits in which the person holding the security
5deposit is also the sole owner of the property being leased and
6for which the security deposit is being held.
7    "Electronic means of proctoring" means a methodology
8providing assurance that the person taking a test and
9completing the answers to questions is the person seeking
10licensure or credit for continuing education and is doing so
11without the aid of a third party or other device.
12    "Exclusive brokerage agreement" means a written brokerage
13agreement that provides that the sponsoring broker has the sole
14right, through one or more sponsored licensees, to act as the
15exclusive designated agent or representative of the client and
16that meets the requirements of Section 15-75 of this Act.
17    "Inoperative" means a status of licensure where the
18licensee holds a current license under this Act, but the
19licensee is prohibited from engaging in licensed activities
20because the licensee is unsponsored or the license of the
21sponsoring broker with whom the licensee is associated or by
22whom he or she is employed is currently expired, revoked,
23suspended, or otherwise rendered invalid under this Act.
24    "Interactive delivery method" means delivery of a course by
25an instructor through a medium allowing for 2-way communication
26between the instructor and a student in which either can



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1initiate or respond to questions.
2    "Leads" means the name or names of a potential buyer,
3seller, lessor, lessee, or client of a licensee.
4    "Leasing Agent" means a person who is employed by a broker
5to engage in licensed activities limited to leasing residential
6real estate who has obtained a license as provided for in
7Section 5-5 of this Act.
8    "License" means the document issued by the Department
9certifying that the person named thereon has fulfilled all
10requirements prerequisite to licensure under this Act.
11    "Licensed activities" means those activities listed in the
12definition of "broker" under this Section.
13    "Licensee" means any person, as defined in this Section,
14who holds a valid unexpired license as a managing broker,
15broker, or leasing agent.
16    "Listing presentation" means a communication between a
17managing broker or broker and a consumer in which the licensee
18is attempting to secure a brokerage agreement with the consumer
19to market the consumer's real estate for sale or lease.
20    "Managing broker" means a broker who has supervisory
21responsibilities for licensees in one or, in the case of a
22multi-office company, more than one office and who has been
23appointed as such by the sponsoring broker.
24    "Medium of advertising" means any method of communication
25intended to influence the general public to use or purchase a
26particular good or service or real estate.



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1    "Ministerial acts" means those acts that a licensee may
2perform for a consumer that are informative or clerical in
3nature and do not rise to the level of active representation on
4behalf of a consumer. Examples of these acts include without
5limitation (i) responding to phone inquiries by consumers as to
6the availability and pricing of brokerage services, (ii)
7responding to phone inquiries from a consumer concerning the
8price or location of property, (iii) attending an open house
9and responding to questions about the property from a consumer,
10(iv) setting an appointment to view property, (v) responding to
11questions of consumers walking into a licensee's office
12concerning brokerage services offered or particular
13properties, (vi) accompanying an appraiser, inspector,
14contractor, or similar third party on a visit to a property,
15(vii) describing a property or the property's condition in
16response to a consumer's inquiry, (viii) completing business or
17factual information for a consumer on an offer or contract to
18purchase on behalf of a client, (ix) showing a client through a
19property 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
22general public is invited to transact business and where
23records may be maintained and licenses displayed, whether or
24not it is the broker's principal place of business.
25    "Person" means and includes individuals, entities,
26corporations, limited liability companies, registered limited



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1liability partnerships, and partnerships, foreign or domestic,
2except that when the context otherwise requires, the term may
3refer to a single individual or other described entity.
4    "Personal assistant" means a licensed or unlicensed person
5who has been hired for the purpose of aiding or assisting a
6sponsored licensee in the performance of the sponsored
7licensee's job.
8    "Pocket card" means the card issued by the Department to
9signify that the person named on the card is currently licensed
10under this Act.
11    "Pre-license school" means a school licensed by the
12Department offering courses in subjects related to real estate
13transactions, including the subjects upon which an applicant is
14examined in determining fitness to receive a license.
15    "Pre-renewal period" means the period between the date of
16issue of a currently valid license and the license's expiration
18    "Proctor" means any person, including, but not limited to,
19an instructor, who has a written agreement to administer
20examinations fairly and impartially with a licensed
21pre-license school or a licensed continuing education school.
22    "Real estate" means and includes leaseholds as well as any
23other interest or estate in land, whether corporeal,
24incorporeal, freehold, or non-freehold, including timeshare
25interests, and whether the real estate is situated in this
26State or elsewhere. "Real estate" does not include property



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1sold, exchanged, or leased as a timeshare or similar vacation
2item or interest, vacation club membership, or other activity
3formerly regulated under the Real Estate Timeshare Act of 1999
5    "Regular employee" means a person working an average of 20
6hours per week for a person or entity who would be considered
7as an employee under the Internal Revenue Service eleven main
8tests in three categories being behavioral control, financial
9control and the type of relationship of the parties, formerly
10the twenty factor test.
11    "Secretary" means the Secretary of the Department of
12Financial and Professional Regulation, or a person authorized
13by the Secretary to act in the Secretary's stead.
14    "Sponsoring broker" means the broker who has issued a
15sponsor card to a licensed managing broker, broker, or a
16leasing agent.
17    "Sponsor card" means the temporary permit issued by the
18sponsoring broker certifying that the managing broker, broker,
19or leasing agent named thereon is employed by or associated by
20written agreement with the sponsoring broker, as provided for
21in Section 5-40 of this Act.
22(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15;
2399-227, eff. 8-3-15.)
24    (225 ILCS 454/5-20)
25    (Section scheduled to be repealed on January 1, 2020)



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1    Sec. 5-20. Exemptions from managing broker, broker, or
2leasing agent license requirement. The requirement for holding
3a 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



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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.



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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



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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



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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,
20may place on probation, suspend, or revoke any license,
21reprimand, or take any other disciplinary or non-disciplinary
22action as the Department may deem proper and impose a fine not
23to exceed $25,000 upon any licensee or applicant under this Act
24or any person who holds himself or herself out as an applicant
25or licensee or against a licensee in handling his or her own



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1property, whether held by deed, option, or otherwise, for any
2one 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



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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.



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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



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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



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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.



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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



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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



SB1821 Enrolled- 32 -LRB100 09678 SMS 19847 b

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



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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



SB1821 Enrolled- 34 -LRB100 09678 SMS 19847 b

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
7suspend the license of any person who fails to file a return,
8pay the tax, penalty or interest shown in a filed return, or
9pay any final assessment of tax, penalty, or interest, as
10required by any tax Act administered by the Department of
11Revenue, until such time as the requirements of that tax Act
12are satisfied in accordance with subsection (g) of Section
132105-15 of the Civil Administrative Code of Illinois.
14    (c) The Department shall deny a license or renewal
15authorized by this Act to a person who has defaulted on an
16educational loan or scholarship provided or guaranteed by the
17Illinois Student Assistance Commission or any governmental
18agency of this State in accordance with item (5) of subsection
19(a) of Section 2105-15 of the Civil Administrative Code of
21    (d) In cases where the Department of Healthcare and Family
22Services (formerly Department of Public Aid) has previously
23determined that a licensee or a potential licensee is more than
2430 days delinquent in the payment of child support and has
25subsequently certified the delinquency to the Department may
26refuse to issue or renew or may revoke or suspend that person's



SB1821 Enrolled- 35 -LRB100 09678 SMS 19847 b

1license or may take other disciplinary action against that
2person based solely upon the certification of delinquency made
3by the Department of Healthcare and Family Services in
4accordance with item (5) of subsection (a) of Section 2105-15
5of the Civil Administrative Code of Illinois.
6    (e) In enforcing this Section, the Department or Board upon
7a showing of a possible violation may compel an individual
8licensed to practice under this Act, or who has applied for
9licensure under this Act, to submit to a mental or physical
10examination, or both, as required by and at the expense of the
11Department. The Department or Board may order the examining
12physician to present testimony concerning the mental or
13physical examination of the licensee or applicant. No
14information shall be excluded by reason of any common law or
15statutory privilege relating to communications between the
16licensee or applicant and the examining physician. The
17examining physicians shall be specifically designated by the
18Board or Department. The individual to be examined may have, at
19his or her own expense, another physician of his or her choice
20present during all aspects of this examination. Failure of an
21individual to submit to a mental or physical examination, when
22directed, shall be grounds for suspension of his or her license
23until the individual submits to the examination if the
24Department finds, after notice and hearing, that the refusal to
25submit to the examination was without reasonable cause.
26    If the Department or Board finds an individual unable to



SB1821 Enrolled- 36 -LRB100 09678 SMS 19847 b

1practice because of the reasons set forth in this Section, the
2Department or Board may require that individual to submit to
3care, counseling, or treatment by physicians approved or
4designated by the Department or Board, as a condition, term, or
5restriction for continued, reinstated, or renewed licensure to
6practice; or, in lieu of care, counseling, or treatment, the
7Department may file, or the Board may recommend to the
8Department to file, a complaint to immediately suspend, revoke,
9or otherwise discipline the license of the individual. An
10individual whose license was granted, continued, reinstated,
11renewed, disciplined or supervised subject to such terms,
12conditions, or restrictions, and who fails to comply with such
13terms, conditions, or restrictions, shall be referred to the
14Secretary for a determination as to whether the individual
15shall have his or her license suspended immediately, pending a
16hearing by the Department.
17    In instances in which the Secretary immediately suspends a
18person's license under this Section, a hearing on that person's
19license must be convened by the Department within 30 days after
20the suspension and completed without appreciable delay. The
21Department and Board shall have the authority to review the
22subject individual's record of treatment and counseling
23regarding the impairment to the extent permitted by applicable
24federal statutes and regulations safeguarding the
25confidentiality of medical records.
26    An individual licensed under this Act and affected under



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1this Section shall be afforded an opportunity to demonstrate to
2the Department or Board that he or she can resume practice in
3compliance with acceptable and prevailing standards under the
4provisions of his or her license.
5(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;
699-227, 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
10Department shall maintain a Real Estate Recovery Fund from
11which any person aggrieved by an act, representation,
12transaction, or conduct of a licensee or unlicensed employee of
13a licensee that is in violation of this Act or the rules
14promulgated pursuant thereto, constitutes embezzlement of
15money or property, or results in money or property being
16unlawfully obtained from any person by false pretenses,
17artifice, trickery, or forgery or by reason of any fraud,
18misrepresentation, discrimination, or deceit by or on the part
19of any such licensee or the unlicensed employee of a licensee
20and that results in a loss of actual cash money, as opposed to
21losses in market value, may recover. The aggrieved person may
22recover, by a post-judgment order of the circuit court of the
23county where the violation occurred in a proceeding described
24in Section 20-90 of this Act, an amount of not more than
25$25,000 from the Fund for damages sustained by the act,



SB1821 Enrolled- 38 -LRB100 09678 SMS 19847 b

1representation, transaction, or conduct, together with costs
2of suit and attorney's fees incurred in connection therewith of
3not to exceed 15% of the amount of the recovery ordered paid
4from the Fund. However, no person may recover from the Fund
5unless the court finds that the person suffered a loss
6resulting from intentional misconduct. The post-judgment order
7shall not include interest on the judgment. The maximum
8liability against the Fund arising out of any one act shall be
9as provided in this Section, and the post-judgment order shall
10spread the award equitably among all co-owners or otherwise
11aggrieved persons, if any. The maximum liability against the
12Fund arising out of the activities of any one licensee or one
13unlicensed employee of a licensee, since January 1, 1974, shall
14be $100,000. Nothing in this Section shall be construed to
15authorize recovery from the Fund unless the loss of the
16aggrieved person results from an act or omission of a licensee
17under this Act who was at the time of the act or omission
18acting in such capacity or was apparently acting in such
19capacity or their unlicensed employee and unless the aggrieved
20person has obtained a valid judgment and post-judgment order of
21the court as provided for in Section 20-90 of this Act. No
22person aggrieved by an act, representation, or transaction that
23is in violation of the Illinois Real Estate Time-Share Act or
24the Land Sales Registration Act of 1989 may recover from the
26(Source: P.A. 99-227, eff. 8-3-15.)



SB1821 Enrolled- 39 -LRB100 09678 SMS 19847 b

1    Section 45. The Unified Code of Corrections is amended by
2changing 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
6the defendant of any civil rights, except under this Section
7and Sections 29-6 and 29-10 of The Election Code, as now or
8hereafter amended.
9    (b) A person convicted of a felony shall be ineligible to
10hold an office created by the Constitution of this State until
11the completion of his sentence.
12    (c) A person sentenced to imprisonment shall lose his right
13to vote until released from imprisonment.
14    (d) On completion of sentence of imprisonment or upon
15discharge from probation, conditional discharge or periodic
16imprisonment, or at any time thereafter, all license rights and
17privileges granted under the authority of this State which have
18been revoked or suspended because of conviction of an offense
19shall be restored unless the authority having jurisdiction of
20such license rights finds after investigation and hearing that
21restoration is not in the public interest. This paragraph (d)
22shall not apply to the suspension or revocation of a license to
23operate a motor vehicle under the Illinois Vehicle Code.
24    (e) Upon a person's discharge from incarceration or parole,



SB1821 Enrolled- 40 -LRB100 09678 SMS 19847 b

1or upon a person's discharge from probation or at any time
2thereafter, the committing court may enter an order certifying
3that the sentence has been satisfactorily completed when the
4court believes it would assist in the rehabilitation of the
5person and be consistent with the public welfare. Such order
6may be entered upon the motion of the defendant or the State or
7upon the court's own motion.
8    (f) Upon entry of the order, the court shall issue to the
9person in whose favor the order has been entered a certificate
10stating that his behavior after conviction has warranted the
11issuance of the order.
12    (g) This Section shall not affect the right of a defendant
13to collaterally attack his conviction or to rely on it in bar
14of 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
17shall be denied by reason of an eligible offender who has
18obtained a certificate of relief from disabilities, as defined
19in Article 5.5 of this Chapter, having been previously
20convicted of one or more criminal offenses, or by reason of a
21finding of lack of "good moral character" when the finding is
22based upon the fact that the applicant has previously been
23convicted 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



SB1821 Enrolled- 41 -LRB100 09678 SMS 19847 b

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
5consider 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



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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
5issued only for a license or certification issued under the
6following 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;



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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;
2597-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
261-25-13; 98-756, eff. 7-16-14.)



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1    (765 ILCS 86/Act rep.)
2    Section 95. The Land Sales Registration Act of 1999 is
4    (765 ILCS 101/Act rep.)
5    Section 100. The Real Estate Timeshare Act of 1999 is
7    Section 105. The Ticket Sale and Resale Act is amended by
8changing 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
11prohibited; 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
14unlawful for any person, persons, firm or corporation to sell
15tickets for baseball games, football games, hockey games,
16theatre entertainments, or any other amusement for a price more
17than the price printed upon the face of said ticket, and the
18price of said ticket shall correspond with the same price shown
19at the box office or the office of original distribution.
20    (b) This Act does not apply to the resale of tickets of
21admission to a sporting event, theater, musical performance, or
22place of public entertainment or amusement of any kind for a



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1price in excess of the printed box office ticket price by a
2ticket 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;



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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



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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.



SB1821 Enrolled- 48 -LRB100 09678 SMS 19847 b

1    (c) This Act does not apply to the sale of tickets of
2admission to a sporting event, theater, musical performance, or
3place of public entertainment or amusement of any kind for a
4price in excess of the printed box office ticket price by a
5reseller engaged in interstate or intrastate commerce on an
6Internet auction listing service duly registered with the
7Department of Financial and Professional Regulation under the
8Auction License Act and with the Office of the Secretary of
9State on a registration form provided by that Office. This
10subsection (c) applies to both sales through an online bid
11submission process and sales at a fixed price on the same
12website or interactive computer service as an Internet auction
13listing service registered with the Department of Financial and
14Professional Regulation.
15    This subsection (c) applies to resales described in this
16subsection only if the operator of the Internet auction listing
17service 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



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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



SB1821 Enrolled- 50 -LRB100 09678 SMS 19847 b

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



SB1821 Enrolled- 51 -LRB100 09678 SMS 19847 b

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
21admission to a sporting event, theater, musical performance, or
22place of public entertainment or amusement of any kind for a
23price in excess of the printed box office ticket price
24conducted at an auction solely by or for a not-for-profit
25organization for charitable purposes under clause (a)(1) of
26Section 10-1 of the Auction License Act.



SB1821 Enrolled- 52 -LRB100 09678 SMS 19847 b

1    (e) This Act does not apply to the resale of a ticket for
2admission to a baseball game, football game, hockey game,
3theatre entertainment, or any other amusement for a price more
4than the price printed on the face of the ticket and for more
5than the price of the ticket at the box office if the resale is
6made through an Internet website whose operator meets the
7following 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



SB1821 Enrolled- 53 -LRB100 09678 SMS 19847 b

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,



SB1821 Enrolled- 54 -LRB100 09678 SMS 19847 b

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



SB1821 Enrolled- 55 -LRB100 09678 SMS 19847 b

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
9limitation on ticket sales made in accordance with subsections
10(b), (c), and (d) of this Section or any limitation on sales
11made in accordance with Section 4.
12    (f) The provisions of subsections (b), (c), (d), and (e) of
13this Section apply only to the resale of a ticket after the
14initial sale of that ticket. No reseller of a ticket may refuse
15to sell tickets to another ticket reseller solely on the basis
16that the purchaser is a ticket reseller or ticket broker
17authorized to resell tickets pursuant to this Act.
18    (f-5) In addition to the requirements imposed under
19subsections (b), (c), (d), (e), and (f) of this Section, ticket
20brokers and resellers must comply with the requirements of this
21subsection. Before accepting any payment from a purchaser, a
22ticket broker or reseller must disclose to the purchaser in a
23clear, conspicuous, and readily noticeable manner the
24following information:
25        (1) the registered name and city of the event venue;
26        (2) that the ticket broker or reseller is not the event



SB1821 Enrolled- 56 -LRB100 09678 SMS 19847 b

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
8broker or reseller must require the purchaser to acknowledge by
9an affirmative act the disclosures required under this
10subsection. The disclosures required by this subsection must be
11made in a clear and conspicuous manner, appear together, and be
12preceded by the heading "IMPORTANT NOTICE" which must be in
13bold face font that is larger than the font size of the
14required disclosures.
15    Ticket brokers and resellers must guarantee a full refund
16of the amount paid by the purchaser, including handling and
17delivery 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



SB1821 Enrolled- 57 -LRB100 09678 SMS 19847 b

1listing service registered with the Department of Financial and
2Professional Regulation as required under the Auction License
4    (g) The provisions of Public Act 89-406 are severable under
5Section 1.31 of the Statute on Statutes.
6    (h) The provisions of this amendatory Act of the 94th
7General Assembly are severable under Section 1.31 of the
8Statute on Statutes.
9(Source: P.A. 99-431, eff. 1-1-16.)
10    Section 999. Effective date. This Act takes effect upon
11becoming law.