Rep. Mary E. Flowers
Filed: 3/14/2023
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1 | AMENDMENT TO HOUSE BILL 1020
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2 | AMENDMENT NO. ______. Amend House Bill 1020 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Real Estate License Act of 2000 is amended | ||||||
5 | by changing Sections 10-45, 20-20, and 20-60 as follows: | ||||||
6 | (225 ILCS 454/10-45) | ||||||
7 | (Section scheduled to be repealed on January 1, 2030) | ||||||
8 | Sec. 10-45. Broker price opinions and comparative market | ||||||
9 | analyses. | ||||||
10 | (a) A broker price opinion or comparative market analysis | ||||||
11 | may be prepared or provided by a real estate broker or managing | ||||||
12 | broker for any of the following: | ||||||
13 | (1) an existing or potential buyer or seller of an | ||||||
14 | interest in real estate; | ||||||
15 | (2) an existing or potential lessor or lessee of an | ||||||
16 | interest in real estate; |
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1 | (3) a third party making decisions or performing due | ||||||
2 | diligence related to the potential listing, offering, | ||||||
3 | sale, option, lease, or acquisition price of an interest | ||||||
4 | in real estate; or | ||||||
5 | (4) an existing or potential lienholder or other third | ||||||
6 | party for any purpose other than as the primary basis to | ||||||
7 | determine the market value of an interest in real estate | ||||||
8 | for the purpose of a mortgage loan origination by a | ||||||
9 | financial institution secured by such real estate. | ||||||
10 | (b) A broker price opinion or comparative market analysis | ||||||
11 | shall be in writing either on paper or electronically and | ||||||
12 | shall include the following provisions: | ||||||
13 | (1) a statement of the intended purpose of the broker | ||||||
14 | price opinion or comparative market analysis; | ||||||
15 | (2) a brief description of the interest in real estate | ||||||
16 | that is the subject of the broker price opinion or | ||||||
17 | comparative market analysis; | ||||||
18 | (3) a brief description of the methodology used to | ||||||
19 | develop the broker price opinion or comparative market | ||||||
20 | analysis; | ||||||
21 | (4) any assumptions or limiting conditions; | ||||||
22 | (5) a disclosure of any existing or contemplated | ||||||
23 | interest of the broker or managing broker in the interest | ||||||
24 | in real estate that is the subject of the broker price | ||||||
25 | opinion or comparative market analysis; | ||||||
26 | (6) the name, license number, and signature of the |
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1 | broker or managing broker that developed the broker price | ||||||
2 | opinion or comparative market analysis; | ||||||
3 | (7) a statement in substantially the following form: | ||||||
4 | "This is a broker price opinion/comparative market | ||||||
5 | analysis, not an appraisal of the market value of the real | ||||||
6 | estate, and was prepared by a licensed real estate broker | ||||||
7 | or managing broker who was not acting as a State certified | ||||||
8 | real estate appraiser."; and | ||||||
9 | (8) such other items as the broker or managing broker | ||||||
10 | may deem appropriate.
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11 | (c) A real estate broker or managing broker shall not | ||||||
12 | discriminate when preparing a broker price opinion or | ||||||
13 | comparative market analysis for residential real estate. For | ||||||
14 | the purposes of this Section, a real estate broker or managing | ||||||
15 | broker discriminates when the broker considers the actual or | ||||||
16 | perceived race, color, religion, sex, national origin, | ||||||
17 | ancestry, age, order of protection status, marital status, | ||||||
18 | physical or mental disability, military status, sexual | ||||||
19 | orientation, pregnancy, unfavorable discharge from military | ||||||
20 | service, familial status, source of income, or arrest record | ||||||
21 | of the owner of the real estate or the residents of the | ||||||
22 | geographic area in which the real estate is located when | ||||||
23 | determining the market value of the real estate. In addition | ||||||
24 | to the disciplinary procedures set forth in Section 20-20, an | ||||||
25 | aggrieved party may commence a civil action alleging | ||||||
26 | discrimination in an appropriate circuit court not later than |
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1 | 2 years after the occurrence that constitutes discrimination | ||||||
2 | under this subsection. Such a civil action shall be subject to | ||||||
3 | the same procedures, rights, and remedies as a civil action | ||||||
4 | alleging a civil rights violation under Section 10-102 of the | ||||||
5 | Illinois Human Rights Act. | ||||||
6 | A civil action may also be initiated by the Attorney | ||||||
7 | General whenever the Attorney General has
reasonable cause to | ||||||
8 | believe that a real estate broker or managing broker is | ||||||
9 | engaged in a pattern and practice of discrimination prohibited | ||||||
10 | by this subsection. Such a civil action shall be subject to the | ||||||
11 | same procedures, rights, and remedies as a civil action | ||||||
12 | alleging a civil rights violation under Section 10-104 of the | ||||||
13 | Illinois Human Rights Act. | ||||||
14 | Prior to initiating a civil action, the Attorney
General | ||||||
15 | shall conduct a preliminary investigation to determine whether | ||||||
16 | there is reasonable cause to believe that any person or group | ||||||
17 | of persons is engaged in a pattern and practice of | ||||||
18 | discrimination prohibited by this subsection and whether the | ||||||
19 | dispute can be resolved without litigation. In conducting this | ||||||
20 | investigation, the Attorney General may: (i) require the | ||||||
21 | individual or entity to file a
statement or report in writing, | ||||||
22 | under oath or otherwise, as to all information the Attorney | ||||||
23 | General may consider necessary; (ii) examine under oath any | ||||||
24 | person alleged to have
participated in or with knowledge of | ||||||
25 | the alleged pattern and practice violation; or (iii) issue | ||||||
26 | subpoenas or conduct hearings in aid of
any investigation. |
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1 | (Source: P.A. 101-71, eff. 7-12-19.)
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2 | (225 ILCS 454/20-20)
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3 | (Section scheduled to be repealed on January 1, 2030)
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4 | Sec. 20-20. Nature of and grounds for discipline. | ||||||
5 | (a) The Department may refuse to issue or renew a license, | ||||||
6 | may place on probation, suspend,
or
revoke any
license, | ||||||
7 | reprimand, or take any other disciplinary or non-disciplinary | ||||||
8 | action as the Department may deem proper and impose a
fine not | ||||||
9 | to exceed
$25,000 upon any licensee or applicant under this | ||||||
10 | Act or any person who holds oneself out as an applicant or | ||||||
11 | licensee or against a licensee in handling one's own property, | ||||||
12 | whether held by deed, option, or otherwise, for any one or any | ||||||
13 | combination of the
following causes:
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14 | (1) Fraud or misrepresentation in applying for, or | ||||||
15 | procuring, a license under this Act or in connection with | ||||||
16 | applying for renewal of a license under this Act.
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17 | (2) The licensee's conviction of or plea of guilty or | ||||||
18 | plea of nolo contendere, as set forth in subsection (e) of | ||||||
19 | Section 5-25, to: (A) a felony or misdemeanor in this | ||||||
20 | State or any other jurisdiction; (B) the entry of an | ||||||
21 | administrative sanction by a government agency in this | ||||||
22 | State or any other jurisdiction; or (C) any crime that | ||||||
23 | subjects the licensee to compliance with the requirements | ||||||
24 | of the Sex Offender Registration Act.
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25 | (3) Inability to practice the profession with |
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1 | reasonable judgment, skill, or safety as a result of a | ||||||
2 | physical illness, mental illness, or disability.
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3 | (4) Practice under this Act as a licensee in a retail | ||||||
4 | sales establishment from an office, desk, or space that
is | ||||||
5 | not
separated from the main retail business and located | ||||||
6 | within a separate and distinct area within
the
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7 | establishment.
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8 | (5) Having been disciplined by another state, the | ||||||
9 | District of Columbia, a territory, a foreign nation, or a | ||||||
10 | governmental agency authorized to impose discipline if at | ||||||
11 | least one of the grounds for that discipline is the same as | ||||||
12 | or
the
equivalent of one of the grounds for which a | ||||||
13 | licensee may be disciplined under this Act. A certified | ||||||
14 | copy of the record of the action by the other state or | ||||||
15 | jurisdiction shall be prima facie evidence thereof.
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16 | (6) Engaging in the practice of real estate brokerage
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17 | without a
license or after the licensee's license or | ||||||
18 | temporary permit was expired or while the license was | ||||||
19 | inactive, revoked, or suspended.
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20 | (7) Cheating on or attempting to subvert the Real
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21 | Estate License Exam or a continuing education course or | ||||||
22 | examination. | ||||||
23 | (8) Aiding or abetting an applicant
to
subvert or | ||||||
24 | cheat on the Real Estate License Exam or continuing | ||||||
25 | education exam
administered pursuant to this Act.
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26 | (9) Advertising that is inaccurate, misleading, or |
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1 | contrary to the provisions of the Act.
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2 | (10) Making any substantial misrepresentation or | ||||||
3 | untruthful advertising.
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4 | (11) Making any false promises of a character likely | ||||||
5 | to influence,
persuade,
or induce.
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6 | (12) Pursuing a continued and flagrant course of | ||||||
7 | misrepresentation or the
making
of false promises through | ||||||
8 | licensees, employees, agents, advertising, or
otherwise.
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9 | (13) Any misleading or untruthful advertising, or | ||||||
10 | using any trade name or
insignia of membership in any real | ||||||
11 | estate organization of which the licensee is
not a member.
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12 | (14) Acting for more than one party in a transaction | ||||||
13 | without providing
written
notice to all parties for whom | ||||||
14 | the licensee acts.
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15 | (15) Representing or attempting to represent, or | ||||||
16 | performing licensed activities for, a broker other than | ||||||
17 | the
sponsoring broker.
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18 | (16) Failure to account for or to remit any moneys or | ||||||
19 | documents coming into the licensee's
possession that | ||||||
20 | belong to others.
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21 | (17) Failure to maintain and deposit in a special | ||||||
22 | account, separate and
apart from
personal and other | ||||||
23 | business accounts, all escrow moneys belonging to others
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24 | entrusted to a licensee
while acting as a broker, escrow | ||||||
25 | agent, or temporary custodian of
the funds of others or
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26 | failure to maintain all escrow moneys on deposit in the |
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1 | account until the
transactions are
consummated or | ||||||
2 | terminated, except to the extent that the moneys, or any | ||||||
3 | part
thereof, shall be: | ||||||
4 | (A)
disbursed prior to the consummation or | ||||||
5 | termination (i) in accordance with
the
written | ||||||
6 | direction of
the principals to the transaction or | ||||||
7 | their duly authorized agents, (ii) in accordance with
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8 | directions providing for the
release, payment, or | ||||||
9 | distribution of escrow moneys contained in any written
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10 | contract signed by the
principals to the transaction | ||||||
11 | or their duly authorized agents,
or (iii)
pursuant to | ||||||
12 | an order of a court of competent
jurisdiction; or | ||||||
13 | (B) deemed abandoned and transferred to the Office | ||||||
14 | of the State Treasurer to be handled as unclaimed | ||||||
15 | property pursuant to the Revised Uniform Unclaimed | ||||||
16 | Property Act. Escrow moneys may be deemed abandoned | ||||||
17 | under this subparagraph (B) only: (i) in the absence | ||||||
18 | of disbursement under subparagraph (A); (ii) in the | ||||||
19 | absence of notice of the filing of any claim in a court | ||||||
20 | of competent jurisdiction; and (iii) if 6 months have | ||||||
21 | elapsed after the receipt of a written demand for the | ||||||
22 | escrow moneys from one of the principals to the | ||||||
23 | transaction or the principal's duly authorized agent.
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24 | The account
shall be noninterest
bearing, unless the | ||||||
25 | character of the deposit is such that payment of interest
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26 | thereon is otherwise
required by law or unless the |
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1 | principals to the transaction specifically
require, in | ||||||
2 | writing, that the
deposit be placed in an interest-bearing | ||||||
3 | account.
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4 | (18) Failure to make available to the Department all | ||||||
5 | escrow records and related documents
maintained in | ||||||
6 | connection
with the practice of real estate within 24 | ||||||
7 | hours of a request for those
documents by Department | ||||||
8 | personnel.
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9 | (19) Failing to furnish copies upon request of | ||||||
10 | documents relating to a
real
estate transaction to a party | ||||||
11 | who has executed that document.
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12 | (20) Failure of a sponsoring broker or licensee to | ||||||
13 | timely provide sponsorship or termination of sponsorship | ||||||
14 | information to the Department.
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15 | (21) Engaging in dishonorable, unethical, or | ||||||
16 | unprofessional conduct of a
character
likely to deceive, | ||||||
17 | defraud, or harm the public, including, but not limited | ||||||
18 | to, conduct set forth in rules adopted by the Department.
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19 | (22) Commingling the money or property of others with | ||||||
20 | the licensee's own money or property.
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21 | (23) Employing any person on a purely temporary or | ||||||
22 | single deal basis as a
means
of evading the law regarding | ||||||
23 | payment of commission to nonlicensees on some
contemplated
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24 | transactions.
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25 | (24) Permitting the use of one's license as a broker | ||||||
26 | to enable a residential
leasing agent or
unlicensed person |
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1 | to operate a real estate business without actual
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2 | participation therein and control
thereof by the broker.
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3 | (25) Any other conduct, whether of the same or a | ||||||
4 | different character from
that
specified in this Section, | ||||||
5 | that constitutes dishonest dealing.
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6 | (26) Displaying a "for rent" or "for sale" sign on any | ||||||
7 | property without
the written
consent of an owner or the | ||||||
8 | owner's duly authorized agent or advertising by any
means | ||||||
9 | that any property is
for sale or for rent without the | ||||||
10 | written consent of the owner or the owner's
authorized | ||||||
11 | agent.
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12 | (27) Failing to provide information requested by the | ||||||
13 | Department, or otherwise respond to that request, within | ||||||
14 | 30 days of
the
request.
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15 | (28) Advertising by means of a blind advertisement, | ||||||
16 | except as otherwise
permitted in Section 10-30 of this | ||||||
17 | Act.
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18 | (29) A licensee under this Act or an unlicensed | ||||||
19 | individual offering guaranteed sales plans, as defined in | ||||||
20 | Section 10-50, except to
the extent set forth in Section | ||||||
21 | 10-50.
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22 | (30) Influencing or attempting to influence, by any | ||||||
23 | words or acts, a
prospective
seller, purchaser, occupant, | ||||||
24 | landlord, or tenant of real estate, in connection
with | ||||||
25 | viewing, buying, or
leasing real estate, so as to promote | ||||||
26 | or tend to promote the continuance
or maintenance of
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1 | racially and religiously segregated housing or so as to | ||||||
2 | retard, obstruct, or
discourage racially
integrated | ||||||
3 | housing on or in any street, block, neighborhood, or | ||||||
4 | community.
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5 | (31) Engaging in any act that constitutes a violation | ||||||
6 | of any provision of
Article 3 of the Illinois Human Rights | ||||||
7 | Act, whether or not a complaint has
been filed with or
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8 | adjudicated by the Human Rights Commission.
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9 | (32) Inducing any party to a contract of sale or lease | ||||||
10 | or brokerage
agreement to
break the contract of sale or | ||||||
11 | lease or brokerage agreement for the purpose of
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12 | substituting, in lieu
thereof, a new contract for sale or | ||||||
13 | lease or brokerage agreement with a third
party.
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14 | (33) Negotiating a sale, exchange, or lease of real | ||||||
15 | estate directly with
any person
if the licensee knows that | ||||||
16 | the person has an exclusive brokerage
agreement with | ||||||
17 | another
broker, unless specifically authorized by that | ||||||
18 | broker.
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19 | (34) When a licensee is also an attorney, acting as | ||||||
20 | the attorney for
either the
buyer or the seller in the same | ||||||
21 | transaction in which the licensee is acting or
has acted | ||||||
22 | as a managing broker
or broker.
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23 | (35) Advertising or offering merchandise or services | ||||||
24 | as free if any
conditions or
obligations necessary for | ||||||
25 | receiving the merchandise or services are not
disclosed in | ||||||
26 | the same
advertisement or offer. These conditions or |
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1 | obligations include without
limitation the
requirement | ||||||
2 | that the recipient attend a promotional activity or visit | ||||||
3 | a real
estate site. As used in this
subdivision (35), | ||||||
4 | "free" includes terms such as "award", "prize", "no | ||||||
5 | charge",
"free of charge",
"without charge", and similar | ||||||
6 | words or phrases that reasonably lead a person to
believe | ||||||
7 | that one
may receive or has been selected to receive | ||||||
8 | something of value, without any
conditions or
obligations | ||||||
9 | on the part of the recipient.
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10 | (36) (Blank).
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11 | (37) Violating the terms of a disciplinary order
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12 | issued by the Department.
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13 | (38) Paying or failing to disclose compensation in | ||||||
14 | violation of Article 10 of this Act.
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15 | (39) Requiring a party to a transaction who is not a | ||||||
16 | client of the
licensee
to allow the licensee to retain a | ||||||
17 | portion of the escrow moneys for payment of
the licensee's | ||||||
18 | commission or expenses as a condition for release of the | ||||||
19 | escrow
moneys to that party.
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20 | (40) Disregarding or violating any provision of this | ||||||
21 | Act or the published
rules adopted
by the Department to | ||||||
22 | enforce this Act or aiding or abetting any individual, | ||||||
23 | foreign or domestic
partnership, registered limited | ||||||
24 | liability partnership, limited liability
company, | ||||||
25 | corporation, or other business entity in
disregarding any | ||||||
26 | provision of this Act or the published rules adopted by |
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1 | the Department
to enforce this Act.
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2 | (41) Failing to provide the minimum services required | ||||||
3 | by Section 15-75 of this Act when acting under an | ||||||
4 | exclusive brokerage agreement.
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5 | (42) Habitual or excessive use of or addiction to | ||||||
6 | alcohol, narcotics, stimulants, or any other chemical | ||||||
7 | agent or drug that results in a managing broker, broker, | ||||||
8 | or residential leasing agent's inability to practice with | ||||||
9 | reasonable skill or safety. | ||||||
10 | (43) Enabling, aiding, or abetting an auctioneer, as | ||||||
11 | defined in the Auction License Act, to conduct a real | ||||||
12 | estate auction in a manner that is in violation of this | ||||||
13 | Act. | ||||||
14 | (44) Permitting any residential leasing agent or | ||||||
15 | temporary residential leasing agent permit holder to | ||||||
16 | engage in activities that require a broker's or managing | ||||||
17 | broker's license. | ||||||
18 | (45) Failing to notify the Department, within 30 days | ||||||
19 | after the occurrence, of the information required in | ||||||
20 | subsection (e) of Section 5-25. | ||||||
21 | (46) A designated managing broker's failure to provide | ||||||
22 | an appropriate written company policy or failure to | ||||||
23 | perform any of the duties set forth in Section 10-55. | ||||||
24 | (47) Engaging in discrimination as provided in | ||||||
25 | subsection (c) of Section 10-45. | ||||||
26 | (b) The Department may refuse to issue or renew or may |
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1 | suspend the license of any person who fails to file a return, | ||||||
2 | pay the tax, penalty or interest shown in a filed return, or | ||||||
3 | pay any final assessment of tax, penalty, or interest, as | ||||||
4 | required by any tax Act administered by the Department of | ||||||
5 | Revenue, until such time as the requirements of that tax Act | ||||||
6 | are satisfied in accordance with subsection (g) of Section | ||||||
7 | 2105-15 of the Department of Professional Regulation Law of | ||||||
8 | the Civil Administrative Code of Illinois. | ||||||
9 | (c) (Blank). | ||||||
10 | (d) In cases where the Department of Healthcare and Family | ||||||
11 | Services (formerly Department of Public Aid) has previously | ||||||
12 | determined that a licensee or a potential licensee is more | ||||||
13 | than 30 days delinquent in the payment of child support and has | ||||||
14 | subsequently certified the delinquency to the Department may | ||||||
15 | refuse to issue or renew or may revoke or suspend that person's | ||||||
16 | license or may take other disciplinary action against that | ||||||
17 | person based solely upon the certification of delinquency made | ||||||
18 | by the Department of Healthcare and Family Services in | ||||||
19 | accordance with item (5) of subsection (a) of Section 2105-15 | ||||||
20 | of the Department of Professional Regulation Law of the Civil | ||||||
21 | Administrative Code of Illinois. | ||||||
22 | (e) (Blank). | ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 101-357, eff. 8-9-19; | ||||||
24 | 102-970, eff. 5-27-22.)
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25 | (225 ILCS 454/20-60)
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1 | (Section scheduled to be repealed on January 1, 2030)
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2 | Sec. 20-60. Investigations notice and hearing. The | ||||||
3 | Department shall may investigate the actions of any applicant | ||||||
4 | or of any person or persons rendering or offering to render | ||||||
5 | services for which a license is required by this Act or any | ||||||
6 | person holding or claiming to hold a license under this Act and | ||||||
7 | shall may notify his or her designated managing broker and | ||||||
8 | sponsoring broker of the pending investigation. The Department | ||||||
9 | shall, before revoking,
suspending, placing on probation, | ||||||
10 | reprimanding, or taking any other disciplinary action under | ||||||
11 | Article 20 of this Act, at least 30 days before the date set | ||||||
12 | for the hearing, (i) notify the accused and his or her | ||||||
13 | designated managing broker and sponsoring broker in writing of | ||||||
14 | the charges made and the time and place for the hearing on the | ||||||
15 | charges and whether the licensee's license has been | ||||||
16 | temporarily suspended pursuant to Section 20-65, (ii) direct | ||||||
17 | the accused to file a written answer to the charges with the
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18 | Board under oath within 20 days after the service on him or her | ||||||
19 | of the notice, and (iii) inform the accused that if he or she | ||||||
20 | fails to answer, default will be taken
against him or her or | ||||||
21 | that
his or her license may be suspended, revoked, placed on | ||||||
22 | probationary status,
or
other disciplinary
action taken with | ||||||
23 | regard to the license, including limiting the scope, nature, | ||||||
24 | or extent of his or her practice, as the Department may | ||||||
25 | consider proper. At the time and place fixed in the notice, the | ||||||
26 | Board shall proceed to hear the charges and the parties or |
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1 | their counsel shall be accorded ample opportunity to present | ||||||
2 | any pertinent statements, testimony, evidence, and arguments. | ||||||
3 | The Board may continue the hearing from time to time. In case | ||||||
4 | the person, after receiving the
notice, fails to file an | ||||||
5 | answer, his or her license may, in the discretion of the | ||||||
6 | Department, be suspended,
revoked, placed on
probationary | ||||||
7 | status, or the Department may take whatever disciplinary | ||||||
8 | action considered
proper, including
limiting the scope, | ||||||
9 | nature, or extent of the person's practice or the
imposition | ||||||
10 | of a fine, without a
hearing, if the act or acts charged | ||||||
11 | constitute sufficient grounds for that
action under this Act. | ||||||
12 | The notice may be served by personal delivery, by mail, or, at | ||||||
13 | the discretion of the Department, by electronic means as | ||||||
14 | adopted by rule to the address or email address specified by | ||||||
15 | the accused in his or her last notification with the | ||||||
16 | Department and shall include notice to the designated managing | ||||||
17 | broker and sponsoring broker. A copy of the Department's final | ||||||
18 | order shall be delivered to the designated managing broker and | ||||||
19 | sponsoring broker.
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20 | (Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
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21 | Section 10. The Real Estate Appraiser Licensing Act of | ||||||
22 | 2002 is amended by changing Section 15-10 and by adding | ||||||
23 | Section 10-25 as follows: | ||||||
24 | (225 ILCS 458/10-25 new) |
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1 | Sec. 10-25. Discrimination prohibited. An appraiser shall | ||||||
2 | not discriminate when preparing a comparative market analysis | ||||||
3 | for residential real estate. For the purposes of this Section, | ||||||
4 | an appraiser discriminates when the appraiser considers the | ||||||
5 | actual or perceived race, color, religion, sex, national | ||||||
6 | origin, ancestry, age, order of protection status, marital | ||||||
7 | status, physical or mental disability, military status, sexual | ||||||
8 | orientation, pregnancy, unfavorable discharge from military | ||||||
9 | service, familial status, source of income, or arrest record | ||||||
10 | of the owner of the real estate or the residents of the | ||||||
11 | geographic area in which the real estate is located when | ||||||
12 | determining the market value of the real estate. In addition | ||||||
13 | to the disciplinary procedures set forth in Section 15-10, an | ||||||
14 | aggrieved party may commence a civil action alleging | ||||||
15 | discrimination in an appropriate circuit court not later than | ||||||
16 | 2 years after the occurrence that constitutes discrimination | ||||||
17 | under this Section. Such a civil action shall be subject to the | ||||||
18 | same procedures, rights, and remedies as a civil action | ||||||
19 | alleging a civil rights violation under Section 10-102 of the | ||||||
20 | Illinois Human Rights Act. | ||||||
21 | A civil action may also be initiated by the Attorney | ||||||
22 | General whenever the Attorney General has
reasonable cause to | ||||||
23 | believe that an appraiser is engaged in a pattern and practice | ||||||
24 | of discrimination prohibited by this Section. Such a civil | ||||||
25 | action shall be subject to the same procedures, rights, and | ||||||
26 | remedies as a civil action alleging a civil rights violation |
| |||||||
| |||||||
1 | under Section 10-104 of the Illinois Human Rights Act. | ||||||
2 | Prior to initiating a civil action, the Attorney
General | ||||||
3 | shall conduct a preliminary investigation to determine whether | ||||||
4 | there is reasonable cause to believe that any person or group | ||||||
5 | of persons is engaged in a pattern and practice of | ||||||
6 | discrimination prohibited by this Section and whether the | ||||||
7 | dispute can be resolved without litigation. In conducting this | ||||||
8 | investigation, the Attorney General may: (i) require the | ||||||
9 | individual or entity to file a
statement or report in writing, | ||||||
10 | under oath or otherwise, as to all information the Attorney | ||||||
11 | General may consider necessary; (ii) examine under oath any | ||||||
12 | person alleged to have
participated in or with knowledge of | ||||||
13 | the alleged pattern and practice violation; or (iii) issue | ||||||
14 | subpoenas or conduct hearings in aid of
any investigation.
| ||||||
15 | (225 ILCS 458/15-10)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2027)
| ||||||
17 | Sec. 15-10. Grounds for disciplinary action.
| ||||||
18 | (a) The Department
may suspend, revoke,
refuse to issue,
| ||||||
19 | renew, or restore a license and may reprimand place on | ||||||
20 | probation or administrative
supervision,
or take any | ||||||
21 | disciplinary or non-disciplinary action, including
imposing
| ||||||
22 | conditions limiting the scope, nature, or extent of the real | ||||||
23 | estate appraisal
practice of a
licensee or reducing the | ||||||
24 | appraisal rank of a licensee,
and may impose an administrative | ||||||
25 | fine
not to exceed $25,000 for each violation upon a licensee
|
| |||||||
| |||||||
1 | for any one or combination of the following:
| ||||||
2 | (1) Procuring or attempting to procure a license by | ||||||
3 | knowingly making a
false statement,
submitting false | ||||||
4 | information, engaging in any form of fraud or
| ||||||
5 | misrepresentation,
or refusing
to provide complete | ||||||
6 | information in response to a question in an application | ||||||
7 | for
licensure.
| ||||||
8 | (2) Failing to meet the minimum qualifications for | ||||||
9 | licensure as an
appraiser established by this
Act.
| ||||||
10 | (3) Paying money, other than for the fees provided for | ||||||
11 | by this Act, or
anything of value to a
member or employee | ||||||
12 | of the Board or the Department
to procure
licensure
under | ||||||
13 | this Act.
| ||||||
14 | (4) Conviction of, or plea of guilty or nolo | ||||||
15 | contendere, as enumerated in subsection (e) of Section | ||||||
16 | 5-22, under the laws of any jurisdiction of the United | ||||||
17 | States: (i) that is a felony, misdemeanor, or | ||||||
18 | administrative sanction or (ii) that is a crime that | ||||||
19 | subjects the licensee to compliance with the requirements | ||||||
20 | of the Sex Offender Registration Act.
| ||||||
21 | (5) Committing an act or omission involving | ||||||
22 | dishonesty, fraud, or
misrepresentation with the intent to
| ||||||
23 | substantially benefit the licensee or another person or | ||||||
24 | with intent to
substantially injure
another person as | ||||||
25 | defined by rule.
| ||||||
26 | (6) Violating a provision or standard for the |
| |||||||
| |||||||
1 | development or
communication of real estate
appraisals as | ||||||
2 | provided in Section 10-10 of this Act or as defined by | ||||||
3 | rule.
| ||||||
4 | (7) Failing or refusing without good cause to exercise | ||||||
5 | reasonable
diligence in developing, reporting,
or | ||||||
6 | communicating an appraisal, as defined by this Act or by | ||||||
7 | rule.
| ||||||
8 | (8) Violating a provision of this Act or the rules | ||||||
9 | adopted pursuant to
this Act.
| ||||||
10 | (9) Having been disciplined by another state, the | ||||||
11 | District of Columbia, a
territory, a foreign nation,
a | ||||||
12 | governmental agency, or any other entity authorized to | ||||||
13 | impose discipline if
at least one of
the grounds for that | ||||||
14 | discipline is the same as or the equivalent of one of the
| ||||||
15 | grounds for
which a licensee may be disciplined under this | ||||||
16 | Act.
| ||||||
17 | (10) Engaging in dishonorable, unethical, or | ||||||
18 | unprofessional conduct of a
character likely to
deceive, | ||||||
19 | defraud, or harm the public.
| ||||||
20 | (11) Accepting an appraisal assignment when the | ||||||
21 | employment
itself is contingent
upon the appraiser | ||||||
22 | reporting a predetermined estimate, analysis, or opinion | ||||||
23 | or
when the fee
to be paid is contingent upon the opinion, | ||||||
24 | conclusion, or valuation reached or
upon the
consequences | ||||||
25 | resulting from the appraisal assignment.
| ||||||
26 | (12) Developing valuation conclusions based on the |
| |||||||
| |||||||
1 | race, color, religion,
sex, national origin,
ancestry, | ||||||
2 | age, marital status, family status, physical or mental | ||||||
3 | disability, sexual orientation, pregnancy, order of | ||||||
4 | protection status, military status, or
unfavorable
| ||||||
5 | military discharge, as defined under the Illinois Human | ||||||
6 | Rights Act, of the
prospective or
present owners or | ||||||
7 | occupants of the area or property under appraisal.
| ||||||
8 | (13) Violating the confidential nature of government | ||||||
9 | records to which
the licensee gained
access through | ||||||
10 | employment or engagement as an appraiser by a government | ||||||
11 | agency.
| ||||||
12 | (14) Being adjudicated liable in a civil proceeding on | ||||||
13 | grounds of
fraud, misrepresentation, or
deceit. In a | ||||||
14 | disciplinary proceeding based upon a finding of civil | ||||||
15 | liability,
the appraiser shall
be afforded an opportunity | ||||||
16 | to present mitigating and extenuating circumstances,
but | ||||||
17 | may not
collaterally attack the civil adjudication.
| ||||||
18 | (15) Being adjudicated liable in a civil proceeding | ||||||
19 | for violation of
a state or federal fair
housing law.
| ||||||
20 | (16) Engaging in misleading or untruthful advertising | ||||||
21 | or using a trade
name or insignia of
membership in a real | ||||||
22 | estate appraisal or real estate organization of
which the | ||||||
23 | licensee is
not a member.
| ||||||
24 | (17) Failing to fully cooperate with a Department | ||||||
25 | investigation by knowingly
making a false
statement, | ||||||
26 | submitting false or misleading information, or refusing to |
| |||||||
| |||||||
1 | provide
complete information in response to written
| ||||||
2 | interrogatories or a written
request for documentation | ||||||
3 | within 30 days of the request.
| ||||||
4 | (18) Failing to include within the certificate of | ||||||
5 | appraisal for all
written appraisal reports the | ||||||
6 | appraiser's license number and licensure title.
All | ||||||
7 | appraisers providing significant contribution to the | ||||||
8 | development and
reporting of an appraisal must be | ||||||
9 | disclosed in the appraisal report. It is a
violation of | ||||||
10 | this Act for an
appraiser to sign a report,
transmittal | ||||||
11 | letter, or appraisal certification knowing that a person | ||||||
12 | providing
a significant
contribution to the report has not | ||||||
13 | been disclosed in the appraisal report.
| ||||||
14 | (19) Violating the terms of a disciplinary order or | ||||||
15 | consent to administrative supervision order. | ||||||
16 | (20) Habitual or excessive use or addiction to | ||||||
17 | alcohol, narcotics, stimulants, or any other chemical | ||||||
18 | agent or drug that results in a licensee's inability to | ||||||
19 | practice with reasonable judgment, skill, or safety. | ||||||
20 | (21) A physical or mental illness or disability which | ||||||
21 | results in the inability to practice under this Act with | ||||||
22 | reasonable judgment, skill, or safety.
| ||||||
23 | (22) Gross negligence in developing an appraisal or in | ||||||
24 | communicating an appraisal or failing to observe one or | ||||||
25 | more of the Uniform Standards of Professional Appraisal | ||||||
26 | Practice. |
| |||||||
| |||||||
1 | (23) A pattern of practice or other behavior that | ||||||
2 | demonstrates incapacity or incompetence to practice under | ||||||
3 | this Act. | ||||||
4 | (24) Using or attempting to use the seal, certificate, | ||||||
5 | or license of another as one's own; falsely impersonating | ||||||
6 | any duly licensed appraiser; using or attempting to use an | ||||||
7 | inactive, expired, suspended, or revoked license; or | ||||||
8 | aiding or abetting any of the foregoing. | ||||||
9 | (25) Solicitation of professional services by using | ||||||
10 | false, misleading, or deceptive advertising. | ||||||
11 | (26) Making a material misstatement in furnishing | ||||||
12 | information to the Department. | ||||||
13 | (27) Failure to furnish information to the Department | ||||||
14 | upon written request. | ||||||
15 | (28) Engaging in discrimination as provided in Section | ||||||
16 | 10-25. | ||||||
17 | (b) The Department
may reprimand suspend, revoke,
or | ||||||
18 | refuse to issue or renew an education provider's
license, may | ||||||
19 | reprimand, place on probation, or otherwise discipline
an | ||||||
20 | education provider
and may suspend or revoke the course | ||||||
21 | approval of any course offered by
an education provider and | ||||||
22 | may impose an administrative fine
not to exceed $25,000 upon
| ||||||
23 | an education provider,
for any of the following:
| ||||||
24 | (1) Procuring or attempting to procure licensure by | ||||||
25 | knowingly making a
false statement,
submitting false | ||||||
26 | information, engaging in any form of fraud or
|
| |||||||
| |||||||
1 | misrepresentation, or
refusing to
provide complete | ||||||
2 | information in response to a question in an application | ||||||
3 | for
licensure.
| ||||||
4 | (2) Failing to comply with the covenants certified to | ||||||
5 | on the application
for licensure as an education provider.
| ||||||
6 | (3) Committing an act or omission involving | ||||||
7 | dishonesty, fraud, or
misrepresentation or allowing any | ||||||
8 | such act or omission by
any employee or contractor under | ||||||
9 | the control of the provider.
| ||||||
10 | (4) Engaging in misleading or untruthful advertising.
| ||||||
11 | (5) Failing to retain competent instructors in | ||||||
12 | accordance with rules
adopted
under this Act.
| ||||||
13 | (6) Failing to meet the topic or time requirements for | ||||||
14 | course approval as
the provider of a qualifying
curriculum | ||||||
15 | course or a continuing education course.
| ||||||
16 | (7) Failing to administer an approved course using the | ||||||
17 | course materials,
syllabus, and examinations
submitted as | ||||||
18 | the basis of the course approval.
| ||||||
19 | (8) Failing to provide an appropriate classroom | ||||||
20 | environment for
presentation of courses, with
| ||||||
21 | consideration for student comfort, acoustics, lighting, | ||||||
22 | seating, workspace, and
visual aid material.
| ||||||
23 | (9) Failing to maintain student records in compliance | ||||||
24 | with the rules
adopted under this Act.
| ||||||
25 | (10) Failing to provide a certificate, transcript, or | ||||||
26 | other student
record to the Department
or to a student
as |
| |||||||
| |||||||
1 | may be required by rule.
| ||||||
2 | (11) Failing to fully cooperate with an
investigation | ||||||
3 | by the Department by knowingly
making a false
statement, | ||||||
4 | submitting false or misleading information, or refusing to | ||||||
5 | provide
complete information in response to written | ||||||
6 | interrogatories or a written
request for documentation | ||||||
7 | within 30 days of the request.
| ||||||
8 | (c) In appropriate cases, the Department
may resolve a | ||||||
9 | complaint against a licensee
through the issuance of a Consent | ||||||
10 | to Administrative Supervision order.
A licensee subject to a | ||||||
11 | Consent to Administrative Supervision order
shall be | ||||||
12 | considered by the Department
as an active licensee in good | ||||||
13 | standing. This order shall not be reported or
considered by | ||||||
14 | the Department
to be a discipline
of the licensee. The records | ||||||
15 | regarding an investigation and a Consent to
Administrative | ||||||
16 | Supervision order
shall be considered confidential and shall | ||||||
17 | not be released by the Department
except
as mandated by law.
A | ||||||
18 | complainant shall be notified if the complaint has been | ||||||
19 | resolved
by a Consent to
Administrative Supervision order.
| ||||||
20 | (Source: P.A. 102-20, eff. 1-1-22 .)".
|