Business & Occupational Licenses Committee

Filed: 3/3/2010

 

 


 

 


 
09600HB5933ham001 LRB096 19752 ASK 37417 a

1
AMENDMENT TO HOUSE BILL 5933

2     AMENDMENT NO. ______. Amend House Bill 5933 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Real Estate License Act of 2000 is amended
5 by changing Section 5-50 as follows:
 
6     (225 ILCS 454/5-50)
7     (Section scheduled to be repealed on January 1, 2020)
8     Sec. 5-50. Expiration and renewal of managing broker,
9 broker, salesperson, or leasing agent license; sponsoring
10 broker; register of licensees; pocket card.
11     (a) The expiration date and renewal period for each license
12 issued under this Act shall be set by rule, except that the
13 first renewal period ending after the effective date of this
14 Act for those licensed as a salesperson shall be extended
15 through April 30, 2012. Except as otherwise provided in this
16 Section, the holder of a license may renew the license within

 

 

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1 90 days preceding the expiration date thereof by completing the
2 continuing education required by this Act and paying the fees
3 specified by rule.
4     (b) An individual whose first license is that of a broker
5 received after April 30, 2011, must provide evidence of having
6 completed 30 hours of post-license education in courses
7 approved by the Advisory Council, 15 hours of which must
8 consist of situational and case studies presented in the
9 classroom or by other interactive delivery method presenting
10 instruction and real time discussion between the instructor and
11 the students, and personally take and pass an examination
12 approved by the Department prior to the first renewal of their
13 broker's license.
14     (c) Any salesperson until April 30, 2011 or any managing
15 broker, broker, salesperson or leasing agent whose license
16 under this Act has expired shall be eligible to renew the
17 license during the 2-year period following the expiration date,
18 provided the managing broker, broker, salesperson, or leasing
19 agent pays the fees as prescribed by rule and completes
20 continuing education and other requirements provided for by the
21 Act or by rule. Beginning on May 1, 2012, a managing broker
22 licensee, broker, or leasing agent whose license has been
23 expired for more than 2 years but less than 5 years may have it
24 restored by (i) applying to the Department, (ii) paying the
25 required fee, (iii) completing the continuing education
26 requirements for the most recent pre-renewal period that ended

 

 

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1 prior to the date of the application for reinstatement, and
2 (iv) filing acceptable proof of fitness to have his or her
3 license restored, as set by rule. A managing broker, broker,
4 salesperson or leasing agent whose license has been expired for
5 more than 5 2 years shall be required to meet the requirements
6 for a new license.
7     (d) Notwithstanding any other provisions of this Act to the
8 contrary, any managing broker, broker, salesperson, or leasing
9 agent whose license expired while he or she was (i) on active
10 duty with the Armed Forces of the United States or called into
11 service or training by the state militia, (ii) engaged in
12 training or education under the supervision of the United
13 States preliminary to induction into military service, or (iii)
14 serving as the Coordinator of Real Estate in the State of
15 Illinois or as an employee of the Department may have his or
16 her license renewed, reinstated or restored without paying any
17 lapsed renewal fees if within 2 years after the termination of
18 the service, training or education by furnishing the Department
19 with satisfactory evidence of service, training, or education
20 and it has been terminated under honorable conditions.
21      (e) The Department shall establish and maintain a register
22 of all persons currently licensed by the State and shall issue
23 and prescribe a form of pocket card. Upon payment by a licensee
24 of the appropriate fee as prescribed by rule for engagement in
25 the activity for which the licensee is qualified and holds a
26 license for the current period, the Department shall issue a

 

 

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1 pocket card to the licensee. The pocket card shall be
2 verification that the required fee for the current period has
3 been paid and shall indicate that the person named thereon is
4 licensed for the current renewal period as a managing broker,
5 broker, salesperson, or leasing agent as the case may be. The
6 pocket card shall further indicate that the person named
7 thereon is authorized by the Department to engage in the
8 licensed activity appropriate for his or her status (managing
9 broker, broker, salesperson, or leasing agent). Each licensee
10 shall carry on his or her person his or her pocket card or, if
11 such pocket card has not yet been issued, a properly issued
12 sponsor card when engaging in any licensed activity and shall
13 display the same on demand.
14     (f) The Department shall provide to the sponsoring broker a
15 notice of renewal for all sponsored licensees by mailing the
16 notice to the sponsoring broker's address of record, or, at the
17 Department's discretion, by an electronic means as provided for
18 by rule.
19     (g) Upon request from the sponsoring broker, the Department
20 shall make available to the sponsoring broker, either by mail
21 or by an electronic means at the discretion of the Department,
22 a listing of licensees under this Act who, according to the
23 records of the Department, are sponsored by that broker. Every
24 licensee associated with or employed by a broker whose license
25 is revoked, suspended, terminated, or expired shall be
26 considered as inoperative until such time as the sponsoring

 

 

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1 broker's license is reinstated or renewed, or the licensee
2 changes employment as set forth in subsection (c) of Section
3 5-40 of this Act.
4 (Source: P.A. 96-856, eff. 12-31-09.)".