Illinois General Assembly - Full Text of SB2266
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Full Text of SB2266  98th General Assembly


Rep. Robert Rita

Filed: 5/14/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 2266 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Real Estate License Act of 2000 is amended
5by changing Sections 1-10, 5-27, 5-28, 5-50, 5-70, and 10-25 as
7    (225 ILCS 454/1-10)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 1-10. Definitions. In this Act, unless the context
10otherwise requires:
11    "Act" means the Real Estate License Act of 2000.
12    "Address of Record" means the designated address recorded
13by the Department in the applicant's or licensee's application
14file or license file as maintained by the Department's
15licensure maintenance unit. It is the duty of the applicant or
16licensee to inform the Department of any change of address, and



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1those changes must be made either through the Department's
2website or by contacting the Department.
3    "Advisory Council" means the Real Estate Education
4Advisory Council created under Section 30-10 of this Act.
5    "Agency" means a relationship in which a real estate broker
6or licensee, whether directly or through an affiliated
7licensee, represents a consumer by the consumer's consent,
8whether express or implied, in a real property transaction.
9    "Applicant" means any person, as defined in this Section,
10who applies to the Department for a valid license as a real
11estate broker, real estate salesperson, or leasing agent.
12    "Blind advertisement" means any real estate advertisement
13that does not include the sponsoring broker's business name and
14that is used by any licensee regarding the sale or lease of
15real estate, including his or her own, licensed activities, or
16the hiring of any licensee under this Act. The broker's
17business name in the case of a franchise shall include the
18franchise affiliation as well as the name of the individual
20    "Board" means the Real Estate Administration and
21Disciplinary Board of the Department as created by Section
2225-10 of this Act.
23    "Branch office" means a sponsoring broker's office other
24than the sponsoring broker's principal office.
25    "Broker" means an individual, partnership, limited
26liability company, corporation, or registered limited



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1liability partnership other than a real estate salesperson or
2leasing agent who, whether in person or through any media or
3technology, for another and for compensation, or with the
4intention or expectation of receiving compensation, either
5directly or indirectly:
6        (1) Sells, exchanges, purchases, rents, or leases real
7    estate.
8        (2) Offers to sell, exchange, purchase, rent, or lease
9    real estate.
10        (3) Negotiates, offers, attempts, or agrees to
11    negotiate the sale, exchange, purchase, rental, or leasing
12    of real estate.
13        (4) Lists, offers, attempts, or agrees to list real
14    estate for sale, lease, or exchange.
15        (5) Buys, sells, offers to buy or sell, or otherwise
16    deals in options on real estate or improvements thereon.
17        (6) Supervises the collection, offer, attempt, or
18    agreement to collect rent for the use of real estate.
19        (7) Advertises or represents himself or herself as
20    being engaged in the business of buying, selling,
21    exchanging, renting, or leasing real estate.
22        (8) Assists or directs in procuring or referring of
23    leads or prospects, intended to result in the sale,
24    exchange, lease, or rental of real estate.
25        (9) Assists or directs in the negotiation of any
26    transaction intended to result in the sale, exchange,



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1    lease, or rental of real estate.
2        (10) Opens real estate to the public for marketing
3    purposes.
4        (11) Sells, leases, or offers for sale or lease real
5    estate at auction.
6    "Brokerage agreement" means a written or oral agreement
7between a sponsoring broker and a consumer for licensed
8activities to be provided to a consumer in return for
9compensation or the right to receive compensation from another.
10Brokerage agreements may constitute either a bilateral or a
11unilateral agreement between the broker and the broker's client
12depending upon the content of the brokerage agreement. All
13exclusive brokerage agreements shall be in writing.
14    "Client" means a person who is being represented by a
16    "Compensation" means the valuable consideration given by
17one person or entity to another person or entity in exchange
18for the performance of some activity or service. Compensation
19shall include the transfer of valuable consideration,
20including without limitation the following:
21        (1) commissions;
22        (2) referral fees;
23        (3) bonuses;
24        (4) prizes;
25        (5) merchandise;
26        (6) finder fees;



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1        (7) performance of services;
2        (8) coupons or gift certificates;
3        (9) discounts;
4        (10) rebates;
5        (11) a chance to win a raffle, drawing, lottery, or
6    similar game of chance not prohibited by any other law or
7    statute;
8        (12) retainer fee; or
9        (13) salary.
10    "Confidential information" means information obtained by a
11licensee from a client during the term of a brokerage agreement
12that (i) was made confidential by the written request or
13written instruction of the client, (ii) deals with the
14negotiating position of the client, or (iii) is information the
15disclosure of which could materially harm the negotiating
16position of the client, unless at any time:
17        (1) the client permits the disclosure of information
18    given by that client by word or conduct;
19        (2) the disclosure is required by law; or
20        (3) the information becomes public from a source other
21    than the licensee.
22    "Confidential information" shall not be considered to
23include material information about the physical condition of
24the property.
25    "Consumer" means a person or entity seeking or receiving
26licensed activities.



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1    "Continuing education school" means any person licensed by
2the Department as a school for continuing education in
3accordance with Section 30-15 of this Act.
4    "Coordinator" means the Coordinator of Real Estate created
5in Section 25-15 of this Act.
6    "Credit hour" means 50 minutes of classroom instruction in
7course work that meets the requirements set forth in rules
8adopted by the Department.
9    "Customer" means a consumer who is not being represented by
10the licensee but for whom the licensee is performing
11ministerial acts.
12    "Department" means the Department of Financial and
13Professional Regulation.
14    "Designated agency" means a contractual relationship
15between a sponsoring broker and a client under Section 15-50 of
16this Act in which one or more licensees associated with or
17employed by the broker are designated as agent of the client.
18    "Designated agent" means a sponsored licensee named by a
19sponsoring broker as the legal agent of a client, as provided
20for in Section 15-50 of this Act.
21    "Dual agency" means an agency relationship in which a
22licensee is representing both buyer and seller or both landlord
23and tenant in the same transaction. When the agency
24relationship is a designated agency, the question of whether
25there is a dual agency shall be determined by the agency
26relationships of the designated agent of the parties and not of



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1the sponsoring broker.
2    "Employee" or other derivative of the word "employee", when
3used to refer to, describe, or delineate the relationship
4between a real estate broker and a real estate salesperson,
5another real estate broker, or a leasing agent, shall be
6construed to include an independent contractor relationship,
7provided that a written agreement exists that clearly
8establishes and states the relationship. All responsibilities
9of a broker shall remain.
10    "Escrow moneys" means all moneys, promissory notes or any
11other type or manner of legal tender or financial consideration
12deposited with any person for the benefit of the parties to the
13transaction. A transaction exists once an agreement has been
14reached and an accepted real estate contract signed or lease
15agreed to by the parties. Escrow moneys includes without
16limitation earnest moneys and security deposits, except those
17security deposits in which the person holding the security
18deposit is also the sole owner of the property being leased and
19for which the security deposit is being held.
20    "Electronic means of proctoring" means a methodology
21providing assurance that the person taking a test and
22completing the answers to questions is the person seeking
23licensure or credit for continuing education and is doing so
24without the aid of a third party or other device.
25    "Exclusive brokerage agreement" means a written brokerage
26agreement that provides that the sponsoring broker has the sole



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1right, through one or more sponsored licensees, to act as the
2exclusive designated agent or representative of the client and
3that meets the requirements of Section 15-75 of this Act.
4    "Inoperative" means a status of licensure where the
5licensee holds a current license under this Act, but the
6licensee is prohibited from engaging in licensed activities
7because the licensee is unsponsored or the license of the
8sponsoring broker with whom the licensee is associated or by
9whom he or she is employed is currently expired, revoked,
10suspended, or otherwise rendered invalid under this Act.
11    "Interactive delivery method" means delivery of a course by
12an instructor through a medium allowing for 2-way communication
13between the instructor and a student in which either can
14initiate or respond to questions.
15    "Leads" means the name or names of a potential buyer,
16seller, lessor, lessee, or client of a licensee.
17    "Leasing Agent" means a person who is employed by a real
18estate broker to engage in licensed activities limited to
19leasing residential real estate who has obtained a license as
20provided for in Section 5-5 of this Act.
21    "License" means the document issued by the Department
22certifying that the person named thereon has fulfilled all
23requirements prerequisite to licensure under this Act.
24    "Licensed activities" means those activities listed in the
25definition of "broker" under this Section.
26    "Licensee" means any person, as defined in this Section,



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1who holds a valid unexpired license as a real estate broker,
2real estate salesperson, or leasing agent.
3    "Listing presentation" means a communication between a
4real estate broker or salesperson and a consumer in which the
5licensee is attempting to secure a brokerage agreement with the
6consumer to market the consumer's real estate for sale or
8    "Managing broker" means a broker who has supervisory
9responsibilities for licensees in one or, in the case of a
10multi-office company, more than one office and who has been
11appointed as such by the sponsoring broker.
12    "Medium of advertising" means any method of communication
13intended to influence the general public to use or purchase a
14particular good or service or real estate.
15    "Ministerial acts" means those acts that a licensee may
16perform for a consumer that are informative or clerical in
17nature and do not rise to the level of active representation on
18behalf of a consumer. Examples of these acts include without
19limitation (i) responding to phone inquiries by consumers as to
20the availability and pricing of brokerage services, (ii)
21responding to phone inquiries from a consumer concerning the
22price or location of property, (iii) attending an open house
23and responding to questions about the property from a consumer,
24(iv) setting an appointment to view property, (v) responding to
25questions of consumers walking into a licensee's office
26concerning brokerage services offered or particular



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1properties, (vi) accompanying an appraiser, inspector,
2contractor, or similar third party on a visit to a property,
3(vii) describing a property or the property's condition in
4response to a consumer's inquiry, (viii) completing business or
5factual information for a consumer on an offer or contract to
6purchase on behalf of a client, (ix) showing a client through a
7property being sold by an owner on his or her own behalf, or
8(x) referral to another broker or service provider.
9    "Office" means a real estate broker's place of business
10where the general public is invited to transact business and
11where records may be maintained and licenses displayed, whether
12or not it is the broker's principal place of business.
13    "Person" means and includes individuals, entities,
14corporations, limited liability companies, registered limited
15liability partnerships, and partnerships, foreign or domestic,
16except that when the context otherwise requires, the term may
17refer to a single individual or other described entity.
18    "Personal assistant" means a licensed or unlicensed person
19who has been hired for the purpose of aiding or assisting a
20sponsored licensee in the performance of the sponsored
21licensee's job.
22    "Pocket card" means the card issued by the Department to
23signify that the person named on the card is currently licensed
24under this Act.
25    "Pre-license school" means a school licensed by the
26Department offering courses in subjects related to real estate



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1transactions, including the subjects upon which an applicant is
2examined in determining fitness to receive a license.
3    "Pre-renewal period" means the period between the date of
4issue of a currently valid license and the license's expiration
6    "Proctor" means any person, including, but not limited to,
7an instructor, who has a written agreement to administer
8examinations fairly and impartially with a licensed
9pre-license school or a licensed continuing education school.
10    "Real estate" means and includes leaseholds as well as any
11other interest or estate in land, whether corporeal,
12incorporeal, freehold, or non-freehold, including timeshare
13interests, and whether the real estate is situated in this
14State or elsewhere.
15    "Regular employee" means a person working an average of 20
16hours per week for a person or entity who would be considered
17as an employee under the Internal Revenue Service eleven main
18tests in three categories being behavioral control, financial
19control and the type of relationship of the parties, formerly
20the twenty factor test.
21    "Salesperson" means any individual, other than a real
22estate broker or leasing agent, who is employed by a real
23estate broker or is associated by written agreement with a real
24estate broker as an independent contractor and participates in
25any activity described in the definition of "broker" under this



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1    "Secretary" means the Secretary of the Department of
2Financial and Professional Regulation, or a person authorized
3by the Secretary to act in the Secretary's stead.
4    "Sponsoring broker" means the broker who has issued a
5sponsor card to a licensed salesperson, another licensed
6broker, or a leasing agent.
7    "Sponsor card" means the temporary permit issued by the
8sponsoring real estate broker certifying that the real estate
9broker, real estate salesperson, or leasing agent named thereon
10is employed by or associated by written agreement with the
11sponsoring real estate broker, as provided for in Section 5-40
12of this Act.
13(Source: P.A. 96-856, eff. 12-31-09.)
14    (225 ILCS 454/5-27)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 5-27. Requirements for licensure as a broker.
17    (a) Every applicant for licensure as a broker must meet the
18following qualifications:
19        (1) Be at least 21 years of age. After April 30, 2011,
20    the minimum age of 21 years shall be waived for any person
21    seeking a license as a broker who has attained the age of
22    18 and can provide evidence of the successful completion of
23    at least 4 semesters of post-secondary school study as a
24    full-time student or the equivalent, with major emphasis on
25    real estate courses, in a school approved by the



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1    Department;
2        (2) Be of good moral character;
3        (3) Successfully complete a 4-year course of study in a
4    high school or secondary school approved by the Illinois
5    State Board of Education or an equivalent course of study
6    as determined by an examination conducted by the Illinois
7    State Board of Education which shall be verified under oath
8    by the applicant;
9        (4) Prior to May 1, 2011, provide (i) satisfactory
10    evidence of having completed at least 120 classroom hours,
11    45 of which shall be those hours required to obtain a
12    salesperson's license plus 15 hours in brokerage
13    administration courses, in real estate courses approved by
14    the Advisory Council or (ii) for applicants who currently
15    hold a valid real estate salesperson's license, give
16    satisfactory evidence of having completed at least 75 hours
17    in real estate courses, not including the courses that are
18    required to obtain a salesperson's license, approved by the
19    Advisory Council;
20        (5) After April 30, 2011, provide satisfactory
21    evidence of having completed 90 hours of instruction in
22    real estate courses approved by the Advisory Council, 15
23    hours of which must consist of situational and case studies
24    presented in the classroom or by other interactive delivery
25    method presenting instruction and real time discussion
26    between the instructor and the students;



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1        (6) Personally take and pass a written examination
2    authorized by the Department;
3        (7) Present a valid application for issuance of a
4    license accompanied by a sponsor card and the fees
5    specified by rule.
6    (b) The requirements specified in items (4) and (5) of
7subsection (a) of this Section do not apply to applicants who
8are currently admitted to practice law by the Supreme Court of
9Illinois and are currently in active standing.
10    (c) No applicant shall engage in any of the activities
11covered by this Act until a valid sponsor card has been issued
12to such applicant. The sponsor card shall be valid for a
13maximum period of 45 days after the date of issuance unless
14extended for good cause as provided by rule.
15    (d) All licenses should be readily available to the public
16at their place of business.
17    (e) An individual holding an active license as a managing
18broker may return the license to the Department along with a
19form provided by the Department and shall be issued a broker's
20license in exchange. Any individual obtaining a broker's
21license under this subsection (e) shall be considered as having
22obtained a broker's license by education and passing the
23required test and shall be treated as such in determining
24compliance with this Act.
25(Source: P.A. 96-856, eff. 12-31-09.)



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1    (225 ILCS 454/5-28)
2    (Section scheduled to be repealed on January 1, 2020)
3    Sec. 5-28. Requirements for licensure as a managing broker.
4    (a) Effective May 1, 2012, every applicant for licensure as
5a managing broker must meet the following qualifications:
6        (1) be at least 21 years of age;
7        (2) be of good moral character;
8        (3) have been licensed at least 2 out of the preceding
9    3 years as a real estate broker or salesperson;
10        (4) successfully complete a 4-year course of study in
11    high school or secondary school approved by the Illinois
12    State Board of Education or an equivalent course of study
13    as determined by an examination conducted by the Illinois
14    State Board of Education, which shall be verified under
15    oath by the applicant;
16        (5) provide satisfactory evidence of having completed
17    at least 165 hours, 120 of which shall be those hours
18    required pre and post-licensure to obtain a broker's
19    license, and 45 additional hours completed within the year
20    immediately preceding the filing of an application for a
21    managing broker's license, which hours shall focus on
22    brokerage administration and management and include at
23    least 15 hours in the classroom or by other interactive
24    delivery method presenting instructional and real time
25    discussion between the instructor and the students;
26        (6) personally take and pass a written examination



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1    authorized by the Department; and
2        (7) present a valid application for issuance of a
3    license accompanied by a sponsor card, an appointment as a
4    managing broker, and the fees specified by rule.
5    (b) The requirements specified in item (5) of subsection
6(a) of this Section do not apply to applicants who are
7currently admitted to practice law by the Supreme Court of
8Illinois and are currently in active standing.
9    (c) No applicant shall act as a managing broker for more
10than 90 days after an appointment as a managing broker has been
11filed with the Department without obtaining a managing broker's
13(Source: P.A. 96-856, eff. 12-31-09.)
14    (225 ILCS 454/5-50)
15    (Section scheduled to be repealed on January 1, 2020)
16    Sec. 5-50. Expiration and renewal of managing broker,
17broker, salesperson, or leasing agent license; sponsoring
18broker; register of licensees; pocket card.
19    (a) The expiration date and renewal period for each license
20issued under this Act shall be set by rule, except that the
21first renewal period ending after the effective date of this
22Act for those licensed as a salesperson shall be extended
23through April 30, 2012. Except as otherwise provided in this
24Section, the holder of a license may renew the license within
2590 days preceding the expiration date thereof by completing the



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



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



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



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15-40 of this Act.
2(Source: P.A. 96-856, eff. 12-31-09; 96-989, eff. 1-1-11.)
3    (225 ILCS 454/5-70)
4    (Section scheduled to be repealed on January 1, 2020)
5    Sec. 5-70. Continuing education requirement; managing
6broker, broker, or salesperson.
7    (a) The requirements of this Section apply to all managing
8brokers, brokers, and salespersons.
9    (b) Except as otherwise provided in this Section, each
10person who applies for renewal of his or her license as a
11managing broker, real estate broker, or real estate salesperson
12must successfully complete 6 hours of real estate continuing
13education courses approved by the Advisory Council for each
14year of the pre-renewal period. Broker licensees must
15successfully complete a 6-hour broker management continuing
16education course approved by the Department for the pre-renewal
17period ending April 30, 2010. In addition, beginning with the
18pre-renewal period for managing broker licensees that begins
19after the effective date of this Act, those licensees renewing
20or obtaining a managing broker's license must successfully
21complete a 12-hour broker management continuing education
22course approved by the Department each pre-renewal period. The
23broker management continuing education course must be
24completed in the classroom or by other interactive delivery
25method presenting instruction and real time discussion between



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1the instructor and the students. Successful completion of the
2course shall include achieving a passing score as provided by
3rule on a test developed and administered in accordance with
4rules adopted by the Department. No license may be renewed
5except upon the successful completion of the required courses
6or their equivalent or upon a waiver of those requirements for
7good cause shown as determined by the Secretary with the
8recommendation of the Advisory Council. The requirements of
9this Article are applicable to all managing brokers, brokers,
10and salespersons except those brokers and salespersons who,
11during the pre-renewal period:
12        (1) serve in the armed services of the United States;
13        (2) serve as an elected State or federal official;
14        (3) serve as a full-time employee of the Department; or
15        (4) are admitted to practice law pursuant to Illinois
16    Supreme Court rule.
17    (c) A person licensed as a salesperson as of April 30, 2011
18shall not be required to complete the 18 hours of continuing
19education for the pre-renewal period ending April 30, 2012 if
20that person takes the 30-hour post-licensing course to obtain a
21broker's license. A person licensed as a broker as of April 30,
222011 shall not be required to complete the 12 hours of broker
23management continuing education for the pre-renewal period
24ending April 30, 2012, unless that person passes the
25proficiency exam provided for in Section 5-47 of this Act to
26qualify for a managing broker's license.



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1    (d) A person receiving an initial license during the 90
2days before the renewal date shall not be required to complete
3the continuing education courses provided for in subsection (b)
4of this Section as a condition of initial license renewal.
5    (e) The continuing education requirement for salespersons,
6brokers and managing brokers shall consist of a core curriculum
7and an elective curriculum, to be established by the Advisory
8Council. In meeting the continuing education requirements of
9this Act, at least 3 hours per year or their equivalent, 6
10hours for each two-year pre-renewal period, shall be required
11to be completed in the core curriculum. In establishing the
12core curriculum, the Advisory Council shall consider subjects
13that will educate licensees on recent changes in applicable
14laws and new laws and refresh the licensee on areas of the
15license law and the Department policy that the Advisory Council
16deems appropriate, and any other areas that the Advisory
17Council deems timely and applicable in order to prevent
18violations of this Act and to protect the public. In
19establishing the elective curriculum, the Advisory Council
20shall consider subjects that cover the various aspects of the
21practice of real estate that are covered under the scope of
22this Act. However, the elective curriculum shall not include
23any offerings referred to in Section 5-85 of this Act.
24    (f) The subject areas of continuing education courses
25approved by the Advisory Council may include without limitation
26the following:



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1        (1) license law and escrow;
2        (2) antitrust;
3        (3) fair housing;
4        (4) agency;
5        (5) appraisal;
6        (6) property management;
7        (7) residential brokerage;
8        (8) farm property management;
9        (9) rights and duties of sellers, buyers, and brokers;
10        (10) commercial brokerage and leasing; and
11        (11) real estate financing.
12    (g) In lieu of credit for those courses listed in
13subsection (f) of this Section, credit may be earned for
14serving as a licensed instructor in an approved course of
15continuing education. The amount of credit earned for teaching
16a course shall be the amount of continuing education credit for
17which the course is approved for licensees taking the course.
18    (h) Credit hours may be earned for self-study programs
19approved by the Advisory Council.
20    (i) A broker or salesperson may earn credit for a specific
21continuing education course only once during the prerenewal
23    (j) No more than 6 hours of continuing education credit may
24be taken or earned in one calendar day.
25    (k) To promote the offering of a uniform and consistent
26course content, the Department may provide for the development



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1of a single broker management course to be offered by all
2continuing education providers who choose to offer the broker
3management continuing education course. The Department may
4contract for the development of the 12-hour broker management
5continuing education course with an outside vendor or
6consultant and, if the course is developed in this manner, the
7Department or the outside consultant shall license the use of
8that course to all approved continuing education providers who
9wish to provide the course.
10    (l) Except as specifically provided in this Act, continuing
11education credit hours may not be earned for completion of pre
12or post-license courses. The approved 30-hour post-license
13course for broker licensees shall satisfy the continuing
14education requirement for the pre-renewal period in which the
15course is taken. The approved 45-hour brokerage administration
16and management course shall satisfy the 12-hour broker
17management continuing education requirement for the
18pre-renewal period in which the course is taken.
19(Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)
20    (225 ILCS 454/10-25)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 10-25. Expiration of brokerage agreement. No licensee
23shall obtain any written brokerage agreement that does not
24either provide for automatic expiration within a definite
25period of time or provide the client with a right to terminate



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1the agreement annually by giving no more than 30 days' prior
2written notice. No notice of termination at the final
3expiration thereof shall be required. Any written brokerage
4agreement not containing such a provision for automatic
5expiration shall be void. When the license of any sponsoring
6broker is suspended or revoked, any brokerage agreement with
7the sponsoring broker shall be deemed to expire upon the
8effective date of the suspension or revocation.
9(Source: P.A. 91-245, eff. 12-31-99.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".