Full Text of HB1723 97th General Assembly
HB1723 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1723 Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
| 225 ILCS 407/10-8 new | |
225 ILCS 454/5-20 |
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Amends the Auction License Act to provide a licensed auctioneer to sell real property at auction. Provides the requirements for a real property auction qualification. Amends the Real Estate License Law. Creates an exemption for a licensed auctioneer who has obtained a real property auction qualification under the Auction License Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Auction License Act is amended by adding | 5 | | Section 10-8 as follows: | 6 | | (225 ILCS 407/10-8 new) | 7 | | Sec. 10-8. Real property auction qualification | 8 | | requirements. | 9 | | (a) A licensed auctioneer may qualify to sell real property | 10 | | at auction if he or she: | 11 | | (1) is a licensed auctioneer within the State; | 12 | | (2) is at least 21 years of age; | 13 | | (3) successfully completes a 4-year course of study in | 14 | | a high school or secondary school approved by the Illinois | 15 | | State Board of Education or an equivalent course of study | 16 | | as determined by an examination conducted by the Illinois | 17 | | State Board of Education, which shall be verified under | 18 | | oath by the applicant; | 19 | | (4) completes 14 hours of real estate course | 20 | | instruction, approved by the Advisory Council; | 21 | | (5) personally takes and passes a written examination | 22 | | authorized by the Department; and | 23 | | (6) presents a valid application for issuance of the |
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| 1 | | qualification accompanied by all fees established by | 2 | | Department rule. | 3 | | (b) A real property auction qualification does not | 4 | | authorize: | 5 | | (1) the listing of real property; | 6 | | (2) the selling of real property through private treaty | 7 | | or sale; or | 8 | | (3) leasing or renting real property. | 9 | | Section 10. The Real Estate License Act of 2000 is amended | 10 | | by changing Section 5-20 as follows:
| 11 | | (225 ILCS 454/5-20)
| 12 | | (Section scheduled to be repealed on January 1, 2020)
| 13 | | Sec. 5-20. Exemptions from broker, salesperson, or leasing | 14 | | agent license
requirement. The requirement for holding a | 15 | | license under this Article 5 shall
not apply to:
| 16 | | (1) Any person, partnership, or corporation that as | 17 | | owner or lessor performs
any of the acts described in the | 18 | | definition of "broker" under Section 1-10 of
this Act with | 19 | | reference to property owned or leased by it, or to the | 20 | | regular
employees thereof with respect to the property so | 21 | | owned or leased, where such
acts are performed in the | 22 | | regular course of or as an incident to the
management, | 23 | | sale, or other disposition of such property and the | 24 | | investment
therein, provided that such regular employees |
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| 1 | | do not perform any of the acts
described in the definition | 2 | | of "broker" under Section 1-10 of this Act in
connection | 3 | | with a vocation of selling or leasing any real estate or | 4 | | the
improvements thereon not so owned or leased.
| 5 | | (2) An attorney in fact acting under a duly executed | 6 | | and recorded power of
attorney to convey real estate from | 7 | | the owner or lessor or the services
rendered by an attorney | 8 | | at law in the performance of the attorney's duty as an
| 9 | | attorney at law.
| 10 | | (3) Any person acting as receiver, trustee in | 11 | | bankruptcy, administrator,
executor, or guardian or while | 12 | | acting under a court order or under the
authority of a will | 13 | | or testamentary trust.
| 14 | | (4) Any person acting as a resident manager for the | 15 | | owner or any employee
acting as the resident manager for a | 16 | | broker managing an apartment building,
duplex, or | 17 | | apartment complex, when the resident manager resides on the
| 18 | | premises, the premises is his or her primary residence, and | 19 | | the resident
manager is engaged in the leasing of the | 20 | | property of which he or she is the
resident manager.
| 21 | | (5) Any officer or employee of a federal agency in the | 22 | | conduct of official
duties.
| 23 | | (6) Any officer or employee of the State government or | 24 | | any political
subdivision thereof performing official | 25 | | duties.
| 26 | | (7) Any multiple listing service or other similar |
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| 1 | | information exchange that is
engaged in the collection
and | 2 | | dissemination of information concerning real estate | 3 | | available for sale,
purchase, lease, or
exchange for the | 4 | | purpose of providing licensees with a system by which | 5 | | licensees may cooperatively share information along with | 6 | | which no other licensed activities, as defined in Section | 7 | | 1-10 of this Act, are provided.
| 8 | | (8) Railroads and other public utilities regulated by | 9 | | the State of Illinois,
or the officers or full time | 10 | | employees thereof, unless the performance of any
licensed | 11 | | activities is in connection with the sale, purchase, lease, | 12 | | or other
disposition of real estate or investment therein | 13 | | not needing the approval of
the appropriate State | 14 | | regulatory authority.
| 15 | | (9) Any medium of advertising in the routine course of | 16 | | selling or publishing
advertising along with which no other | 17 | | licensed activities, as defined in Section 1-10 of this | 18 | | Act, are provided.
| 19 | | (10) Any resident lessee of a residential dwelling unit | 20 | | who refers for
compensation to the owner of the dwelling | 21 | | unit, or to the owner's agent,
prospective lessees of | 22 | | dwelling units in the same building or complex as the
| 23 | | resident lessee's unit, but only if the resident lessee (i) | 24 | | refers no more than
3 prospective lessees in any 12-month | 25 | | period, (ii) receives compensation of no
more than $1,500 | 26 | | or the equivalent of one month's rent, whichever is less, |
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| 1 | | in
any 12-month period, and (iii) limits his or her | 2 | | activities to referring
prospective lessees to the owner, | 3 | | or the owner's agent, and does not show a
residential | 4 | | dwelling unit to a prospective lessee, discuss terms or | 5 | | conditions
of leasing a dwelling unit with a prospective | 6 | | lessee, or otherwise participate
in the negotiation of the | 7 | | leasing of a dwelling unit.
| 8 | | (11) An exchange company registered under the Real | 9 | | Estate Timeshare Act of
1999 and the regular employees of | 10 | | that registered exchange company but only
when conducting | 11 | | an exchange program as defined in that Act.
| 12 | | (12) An existing timeshare owner who, for | 13 | | compensation, refers prospective
purchasers, but only if | 14 | | the existing timeshare owner (i) refers no more than 20
| 15 | | prospective purchasers in any calendar year, (ii) receives | 16 | | no more than $1,000,
or its equivalent, for referrals in | 17 | | any calendar year and (iii) limits his or
her activities to | 18 | | referring prospective purchasers of timeshare interests to
| 19 | | the developer or the developer's employees or agents, and | 20 | | does not show,
discuss terms or conditions of purchase or | 21 | | otherwise participate in
negotiations with regard to | 22 | | timeshare interests.
| 23 | | (13) Any person who is licensed without examination | 24 | | under
Section 10-25 (now repealed) of the Auction License | 25 | | Act is exempt from holding a broker's or
salesperson's | 26 | | license under this Act for the limited purpose of selling |
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| 1 | | or
leasing real estate at auction, so long as:
| 2 | | (A) that person has made application for said | 3 | | exemption by July 1, 2000;
| 4 | | (B) that person verifies to the Department that he | 5 | | or she has sold real estate
at auction for a period of | 6 | | 5 years prior to licensure as an auctioneer;
| 7 | | (C) the person has had no lapse in his or her | 8 | | license as an
auctioneer; and
| 9 | | (D) the license issued under the Auction License | 10 | | Act has not been
disciplined for violation of those | 11 | | provisions of Article 20 of the Auction
License Act | 12 | | dealing with or related to the sale or lease of real | 13 | | estate at
auction.
| 14 | | (14) A hotel operator who is registered with the | 15 | | Illinois Department of
Revenue and pays taxes under the | 16 | | Hotel Operators' Occupation Tax Act and rents
a room or | 17 | | rooms in a hotel as defined in the Hotel Operators' | 18 | | Occupation Tax
Act for a period of not more than 30 | 19 | | consecutive days and not more than 60 days
in a calendar | 20 | | year.
| 21 | | (15) A licensed auctioneer who has obtained a real | 22 | | property auction qualification under Section 10-8 of the | 23 | | Auction License Act. | 24 | | (Source: P.A. 96-328, eff. 8-11-09; 96-856, eff. 12-31-09.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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