Illinois General Assembly - Full Text of SB1894
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Full Text of SB1894  96th General Assembly

SB1894sam002 96TH GENERAL ASSEMBLY 
Sen. William R. Haine
Filed: 3/25/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1894




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    AMENDMENT NO. ______. Amend Senate Bill 1894 on page 3, 
3
line 11, by replacing "OBRE" with "the Department OBRE"; and
 
4
on page 7, below line 8, by inserting the following:
5
    ""Coordinator" means the Coordinator of Real Estate 
6
created in Section 25-15 of this Act."; and
 
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on page 7, by replacing lines 24 and 25 with the following:
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    ""Director" means the Director of the Real Estate Division, 
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OBRE."; and
 
10
on page 19, lines 8 and 13, by replacing "real estate" each 
11
time it appears with "real estate"; and
 
12
on page 22, line 6, after "Section", by inserting "1-10"; and
 
13
on page 22, line 14, by replacing "$1,000" with "$1,500 
 


 






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$1,000"; and
 
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on page 24, line 14, by replacing "(a) (Blank)." with "(a)"; 
3
and
 
4
on page 25, line 7, by replacing "(b)" with "(b)"; and
 
5
on page 25, line 11, by replacing "of a" with "a"; and
 
6
on page 26, line 3, by replacing "(c) (Blank)." with "(c)"; and 
 
7
on page 26, line 6, by replacing "(d) (Blank)." with "(d)"; and 
 
8
on page 26, line 10, by replacing "." with "."; and
 
9
on page 26, line 11, by replacing "(e) (Blank)." with "(e)"; 
10
and 
 
11
on page 27, lines 15 and 20, by replacing "." each time it 
12
appears with ";"; and
 
13
on page 27, line 22, by replacing "." with "; and"; and
 
14
on page 28, lines 21 and 22, by replacing "." each time it 
15
appears with ";"; and
 
 


 






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on page 29, lines 3, 14, and 23, by replacing "." each time it 
2
appears with ";"; and
 
3
on page 31, line 6, by replacing "broker" with "broker's"; and
 
4
on page 32, line 1, after "broker,", by inserting "broker,"; 
5
and
 
6
on page 37, line 2, by replacing "broker" with "broker's"; and
 
7
on page 37, line 4, by replacing "OBRE" with "the Department 
8
OBRE"; and
 
9
on page 38, line 6, before "Commissioner", by inserting 
10
"Secretary"; and
 
11
on page 39, line 8, by replacing "salesperson to broker 
12
license" with "salesperson's license to broker's license"; and
 
13
on page 39, line 10, by replacing "salespersons" with 
14
"salesperson"; and
 
15
on page 40, line 12, by replacing "broker" with "broker's"; and
 
16
on page 42, by replacing line 18 with the following: 
17
"broker's license. OBRE shall establish and"; and
 
 


 






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on page 42, by replacing lines 19 through 26 with the 
2
following:
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"maintain a register of all persons currently licensed by the

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State and shall issue and prescribe a form of pocket card. Upon

5
payment by a licensee of the appropriate fee as prescribed by

6
rule for engagement in the activity for which the licensee is

7
qualified and holds a license for the current period, OBRE 
8
shall issue a pocket card to the licensee. The
pocket card 
9
shall be verification that the required fee for the
current 
10
period has been paid and shall indicate that the person"; and
 
11
on page 43, by replacing lines 1 through 10 with the following:
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"named thereon is licensed for the current renewal period as a

13
broker, salesperson, or leasing agent as the
case may be. The 
14
pocket card shall further indicate that the
person named 
15
thereon is authorized by OBRE to
engage in the licensed 
16
activity appropriate for his or her
status (broker, 
17
salesperson, or leasing
agent). Each licensee shall carry on 
18
his or her person his or
her pocket card or, if such pocket 
19
card has not yet been
issued, a properly issued sponsor card 
20
when engaging in any
licensed activity and shall display the 
21
same on demand."; and
 
22
on page 44, below line 10, by inserting the following:
23
    "(e) The Department shall establish and
maintain a register 
 


 






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of all persons currently licensed by the
State and shall issue 
2
and prescribe a form of pocket card. Upon  payment by a licensee 
3
of the appropriate fee as prescribed by
rule for engagement in 
4
the activity for which the licensee is
qualified and holds a 
5
license for the current period, the
Department shall issue a 
6
pocket card to the licensee. The
pocket card shall be 
7
verification that the required fee for the
current period has 
8
been paid and shall indicate that the person  named thereon is 
9
licensed for the current renewal period as a
managing broker, 
10
broker, salesperson, or leasing agent as the
case may be. The 
11
pocket card shall further indicate that the
person named 
12
thereon is authorized by the Department  to
engage in the 
13
licensed activity appropriate for his or her
status (managing 
14
broker, broker, salesperson, or leasing
agent). Each licensee 
15
shall carry on his or her person his or
her pocket card or, if 
16
such pocket card has not yet been
issued, a properly issued 
17
sponsor card when engaging in any
licensed activity and shall 
18
display the same on demand.
"; and
 
19
on page 44, by replacing lines 11 through 13 with the 
20
following:
21
    "(f) The Department shall provide to the sponsoring broker 
22
a notice of renewal for all sponsored licensees by mailing the 
23
notice to the sponsoring broker's address of record, or, at the 
24
Department's discretion, by an electronic means as provided for 
25
by rule."; and
 
 


 






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on page 44, by replacing lines 14 and 15 with the following:
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    "(g) Upon request from the sponsoring broker, the 
3
Department shall make available to the sponsoring broker,  
4
either by mail or by an electronic means at the discretion of 
5
the Department, a"; and
 
6
on page 45, lines 19 and 20, by deleting "if the application is 
7
made prior to May 1, 2012"; and
 
8
on page 46, line 4, before "broker", by inserting "managing"; 
9
and
 
10
on page 47, by replacing lines 5 and 6 with the following:
11
        "(6) the broker was licensed by an examination in a 
12
    state that has entered into OBRE has a reciprocal agreement 
13
    with the Department that state that includes the provisions 
14
    of this Section."; and
 
15
on page 47, line 7, by replacing "(b)" with "(c) (b)"; and
 
16
on page 47, line 11, by replacing "nonresident" with 
17
"nonresident"; and
 
18
on page 47, lines 11 and 12, by replacing "under the 
19
nonresident broker" with "under the nonresident broker"; and
 
 


 






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on page 47, line 24, by replacing "(4) (Blank)." with "(4)"; 
2
and
 
3
on page 48, line 5, immediately after "broker", by inserting 
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","; and
 
5
on page 50, by replacing lines 3 and 4 with the following:
6
"Section shall be eligible to obtain a resident managing 
7
broker's license, a broker's license, or, prior to May 1, 2011, 
8
a salesperson's license"; and
 
9
on page 50, line 7, by replacing "or" with "for or"; and
 
10
on page 50, line 22, immediately after "broker", by inserting 
11
","; and
 
12
on page 50, line 23, by deleting "licensees"; and
 
13
on page 50, line 24, immediately after "managing brokers, 
14
brokers", by inserting ","; and
 
15
on page 51, line 3, immediately after "broker", by inserting 
16
","; and
 
17
on page 51, line 14, by replacing ", the licensee" with ", the 
 


 






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licensee"; and
 
2
on page 51, line 15, by replacing "6-hour" with "12-hour 
3
6-hour"; and
 
4
on page 52, line 9, immediately after "brokers", by inserting 
5
","; and
 
6
on page 52, line 23, by replacing "broker license" with 
7
"broker's license"; and
 
8
on page 53, line 2, by replacing "broker" with "broker's"; and
 
9
on page 53, by replacing lines 8 through 13 with the following:
10
"condition of license renewal.
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    (d) A
person receiving an initial license as a real estate 
12
broker
during the 90 days before the broker renewal date shall 
13
not be
required to complete the broker management continuing

14
education courses course provided for in subsection (b) of this

15
Section as a condition of initial license renewal."; and
 
16
on page 53, line 14, by replacing "(d)" with "(e) (d)"; and
 
17
on page 54, line 7, by replacing "(e)" with "(f) (e)"; and
 
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on page 54, line 21, by replacing "(f)" with "(g) (f)"; and
 
 


 






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on page 54, line 22, by replacing "(e)" with "(f) (e)"; and
 
2
on page 55, line 1, by replacing "(g)" with "(h) (g)"; and
 
3
on page 55, line 3, by replacing "(h)" with "(i) (h)"; and
 
4
on page 55, line 6, by replacing "(i)" with "(j) (i)"; and
 
5
on page 55, line 8, by replacing "(j)" with "(k) (j)"; and
 
6
on page 55, line 19, by replacing "(k)" with "(l)"; and
 
7
on page 58, line 5, by replacing "brokers" with "broker"; and
 
8
on page 58, line 14, by replacing "(26) of subsection (h)" with 
9
the following:
10
"(35) (26) of subsection (a) (h)"; and
 
11
on page 58, lines 22 and 23, by replacing "(26) of subsection 
12
(h) of" with the following:
13
"(35) (26) of subsection (a) (h) of"; and
 
14
on page 59, line 3, by replacing "Internet" with "via the 
15
Internet"; and
 
 


 






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on page 59, by replacing lines 11 and 12 with the following:
2
"information contained therein to the public in an accurate, a 
3
direct, and readily comprehensible manner."; and


 
4
on page 66, line 22, by replacing lines 22 through 25 with the 
5
following:
6
    "(b) (3) The licensee representing the consumer shall 
7
discuss with the consumer the sponsoring broker's compensation 
8
and policy with regard to
cooperating with
brokers who 
9
represent other parties in a transaction."; and
 
10
on page 67, line 1, by replacing "(b)" with "(c) (b)"; and
 
11
on page 73, lines 5 and 6, by replacing "fine" each time it 
12
appears with "penalty fine"; and
 
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on page 73, line 7, by replacing "judgement" with "judgment 
14
judgement"; and
 
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on page 73, line 18, by replacing "a" with "a"; and
 
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on page 73, line 19, by deleting "issued"; and
 
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on page 78, line 15, by replacing "OBRE" with "Department 
18
OBRE"; and
 
 


 






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on page 80, line 13, by deleting "contract"; and
 
2
on page 82, line 7, by replacing "a written" with "an a 
3
written"; and
 
4
on page 83, line 9, by replacing "39" with "(39)"; and
 
5
on page 87, line 22, by replacing "rule" with "ruling"; and
 
6
on page 89, line 6, by replacing "OBRE" with "the Department 
7
OBRE"; and
 
8
on page 89, lines 20 and 21, by replacing "Commissioner" each 
9
time it appears with "Secretary Commissioner"; and
 
10
on page 91, line 10, by deleting ";"; and
 
11
on page 92, line 17, by replacing "Section 20-20" with "Article 
12
20"; and
 
13
on page 93, line 10, immediately after "evidence", by inserting 
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","; and
 
15
on page 93, line 25, by replacing "(e) (Blank)." with "(e)"; 
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and
 
 


 






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on page 94, line 22, by replacing "(f) (Blank)." with "(f)"; 
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and
 
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on page 95, line 3, by replacing "(g) (Blank)." with "(g)"; and
 
4
on page 95, line 12, by replacing "(h) (Blank)." with "(h)"; 
5
and
 
6
on page 95, line 20, by replacing "(i) (Blank)." with "(i)"; 
7
and
 
8
on page 96, line 8, by replacing "(j) (Blank)." with "(j)"; and
 
9
on page 97, line 14, by replacing "(k) (Blank)." with "(k)"; 
10
and
 
11
on page 97, line 26, by replacing "(m) (Blank)." with "(m)"; 
12
and
 
13
on page 99, line 12, after "after", by deleting "the"; and
 
14
on page 99, line 14, by replacing "grounds for the rehearing" 
15
with "particular grounds for rehearing"; and
 
16
on page 99, line 17, by replacing "20-65" with "20-72"; and
 
 


 






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on page 100, lines 22 and 23, by replacing "A board member or 
2
member may attend hearings." with "Any Board member may attend 
3
the hearing."; and
 
4
on page 100, line 24, by replacing "conclusion" with 
5
"conclusions"; and
 
6
on page 101, line 3, by replacing "the recommendation" with "a 
7
recommendation"; and
 
8
on page 104, line 3, after "collected", by inserting "under 
9
this Act"; and
 
10
on page 107, line 24, by replacing "Commissioner" with 
11
"Secretary Commissioner"; and
 
12
on page 116, by replacing lines 6 through 10 with the 
13
following:
14
"that shall be used in connection therewith. Five Board members 
15
shall constitute a quorum. A quorum is required for all Board 
16
decisions None of the functions, powers, or duties enumerated 
17
in"; and
 
18
on page 117, line 18, after "Department", by inserting "a"; and
 
19
on page 119, line 7, by replacing "5,000" with "10,000"; and
 
 


 






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on page 119, line 8, by replacing "10,000" with "20,000"; and
 
2
on page 119, lines 10 through 13, by deleting "Further, the 
3
Department shall dedicate at least one of the investigators and 
4
one of the prosecutors to investigate and prosecute complaints 
5
and situations involving unlicensed practice of real estate 
6
brokerage activities"; and
 
7
on page 119, line 14, by replacing "." with "."; and
 
8
on page 119, line 22, after "shall", by inserting ", at the 
9
direction of the Department,"; and
 
10
on page 119, line 24, after "fact", by inserting "to the 
11
Department"; and
 
12
on page 122, line 11, by replacing "OBRE" with "the Department 
13
OBRE"; and
 
14
on page 123, line 11, by replacing "OBRE" with "the Department 
15
OBRE"; and
 
16
on page 126, line 17, by replacing "OBRE" with "the Department 
17
OBRE"; and
 
 


 






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on page 128, lines 2 and 3, by replacing "Board" each time it 
2
appears with "Advisory Council"; and
 
3
on page 128, by replacing lines 13 through 16 with the 
4
following:
5
"ex officio, without vote. Three Advisory Council members shall 
6
constitute a quorum. A quorum is required for all Advisory 
7
Council decisions. The Advisory"; and
 
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on page 134, line 20, by changing "of" to "of".















  

    

      

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