Full Text of SB2887 93rd General Assembly
SB2887 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2887
Introduced 2/6/2004, by Antonio Munoz SYNOPSIS AS INTRODUCED: |
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225 ILCS 454/5-50 |
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225 ILCS 454/5-70 |
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Amends the Real Estate License Act of 2000. Provides that any person licensed as a broker shall be entitled at any renewal date to change his or her license status from broker to salesperson. Makes changes in provisions concerning continuing education requirements for brokers and salespersons.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2887 |
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LRB093 20864 AMC 46932 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Real Estate License Act of 2000 is amended | 5 |
| by changing Sections 5-50 and 5-70 as follows:
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| (225 ILCS 454/5-50)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-50. Expiration date and renewal period of broker, | 9 |
| salesperson, or
leasing agent license; sponsoring broker;
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| register of licensees; pocket card.
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| (a) The expiration date and renewal period for each license | 12 |
| issued under
this Act shall be set by
rule. Except as otherwise | 13 |
| provided in Section 5-55 of this Act, the holder of
a
license | 14 |
| may renew
the license within 90 days preceding the expiration | 15 |
| date thereof by paying the
fees specified by
rule. Upon written | 16 |
| request from the sponsoring broker, OBRE shall prepare and
mail | 17 |
| to the
sponsoring broker a listing of licensees under this Act | 18 |
| who, according to the
records of OBRE, are
sponsored by that | 19 |
| broker. Every licensee associated with or employed by a
broker | 20 |
| whose license is
revoked, suspended, terminated, or expired | 21 |
| shall be considered as inoperative
until such time as the
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| sponsoring broker's license is reinstated or renewed, or the | 23 |
| licensee changes
employment as set
forth in subsection (c) of | 24 |
| Section 5-40 of this Act.
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| (b) OBRE shall establish and maintain a register of all | 26 |
| persons currently
licensed by the State
and shall issue and | 27 |
| prescribe a form of pocket card. Upon payment by a
licensee of | 28 |
| the appropriate
fee as prescribed by rule for engagement in the | 29 |
| activity for which the licensee
is qualified and holds
a | 30 |
| license for the current period, OBRE shall issue a pocket card | 31 |
| to the
licensee. The pocket card
shall be verification that the | 32 |
| required fee for the current period has been
paid and shall |
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SB2887 |
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LRB093 20864 AMC 46932 b |
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| indicate that
the person named thereon is licensed for the | 2 |
| current renewal period as a
broker, salesperson, or
leasing | 3 |
| agent as the case may be. The pocket card shall further | 4 |
| indicate that
the person named
thereon is authorized by OBRE to | 5 |
| engage in the licensed activity appropriate
for his or her | 6 |
| status
(broker, salesperson, or leasing agent). Each licensee | 7 |
| shall carry on his or
her person his or her
pocket card or, if | 8 |
| such pocket card has not yet been issued, a properly issued
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| sponsor card when
engaging in any licensed activity and shall | 10 |
| display the same on demand.
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| (c) Any person licensed as a broker shall be entitled at | 12 |
| any renewal date to change his or her license status from | 13 |
| broker to salesperson.
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| (Source: P.A. 91-245, eff. 12-31-99.)
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| (225 ILCS 454/5-70)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-70. Continuing education requirement; broker or | 18 |
| salesperson.
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| (a) The requirements of this Section apply to all licensees | 20 |
| who have
had a license for less than 15 years as of January 1, | 21 |
| 1992 .
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| (b) Except as otherwise
provided in this Section, each
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| person who applies for renewal of his or her license as a real
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| estate broker or real
estate salesperson must successfully | 25 |
| complete real estate continuing education
courses approved by
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| the Advisory Council at the rate of 6 hours per year or its | 27 |
| equivalent. In addition, in order to renew a real estate | 28 |
| broker's license, the licensee must successfully complete, by | 29 |
| achieving an 85% passing score, a 6-hour broker management | 30 |
| continuing education course approved by OBRE. No
license may be | 31 |
| renewed
except upon the successful completion of the required | 32 |
| courses or their
equivalent or upon a waiver
of those | 33 |
| requirements for good cause shown as determined by the | 34 |
| Commissioner
with the
recommendation of the Advisory Council.
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| The requirements of this Article are applicable to all brokers |
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SB2887 |
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LRB093 20864 AMC 46932 b |
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| and salespersons
except those brokers
and salespersons who, | 2 |
| during the pre-renewal period:
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| (1) serve in the armed services of the United States;
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| (2) serve as an elected State or federal official;
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| (3) serve as a full-time employee of OBRE; or
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| (4) are admitted to practice law pursuant to Illinois | 7 |
| Supreme Court rule.
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| (c) A person who is issued an initial license as a real | 9 |
| estate salesperson
less than one year prior
to the expiration | 10 |
| date of that license shall not be required to complete
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| continuing education as a
condition of license renewal. A | 12 |
| person who is issued an initial license as a
real estate broker | 13 |
| less
than one year prior to the expiration date of that license | 14 |
| and who has not been
licensed as a real estate
salesperson | 15 |
| during the pre-renewal period shall not be required to complete
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| continuing education as
a condition of license renewal. A | 17 |
| person receiving an initial license as a real estate broker | 18 |
| during the 90 days before the broker renewal date shall not be | 19 |
| required to complete the broker management continuing | 20 |
| education course provided for in subparagraph (b) of this | 21 |
| Section.
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| (d) The continuing education requirement for salespersons | 23 |
| and brokers shall
consist of a core
curriculum and an elective | 24 |
| curriculum, to be established by the Advisory
Council. In | 25 |
| meeting the
continuing education requirements of this Act, at | 26 |
| least 3 hours per year or
their equivalent shall
be required to | 27 |
| be completed in the core curriculum.
In establishing the core | 28 |
| curriculum, the Advisory Council shall consider
subjects that | 29 |
| will
educate licensees on recent changes in applicable laws and | 30 |
| new laws and refresh
the licensee on areas
of the license law | 31 |
| and OBRE policy that the Advisory Council deems appropriate,
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| and any other
areas that the Advisory Council deems timely and | 33 |
| applicable in order to prevent
violations of this Act
and to | 34 |
| protect the public.
In establishing the elective curriculum, | 35 |
| the Advisory Council shall consider
subjects that cover
the | 36 |
| various aspects of the practice of real estate that are covered |
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LRB093 20864 AMC 46932 b |
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| under the
scope of this Act.
However, the elective curriculum | 2 |
| shall not include any offerings referred to in
Section 5-85 of | 3 |
| this Act.
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| (e) The subject areas of continuing education courses | 5 |
| approved by the
Advisory Council may
include without limitation | 6 |
| the following:
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| (1) license law and escrow;
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| (2) antitrust;
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| (3) fair housing;
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| (4) agency;
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| (5) appraisal;
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| (6) property management;
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| (7) residential brokerage;
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| (8) farm property management;
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| (9) rights and duties of sellers, buyers, and brokers;
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| (10) commercial brokerage and leasing; and
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| (11) real estate financing.
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| (f) In lieu of credit for those courses listed in | 19 |
| subsection (e) of this
Section, credit may be
earned for | 20 |
| serving as a licensed instructor in an approved course of | 21 |
| continuing
education. The
amount of credit earned for teaching | 22 |
| a course shall be the amount of continuing
education credit for
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| which the course is approved for licensees taking the course.
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| (g) Credit hours may be earned for self-study programs | 25 |
| approved by the
Advisory Council.
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| (h) A broker or salesperson may earn credit for a specific | 27 |
| continuing
education course only
once during the prerenewal | 28 |
| period.
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| (i) No more than 6 hours of continuing education credit may | 30 |
| be earned in one
calendar day.
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| (Source: P.A. 91-245, eff. 12-31-99.)
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