Full Text of SB1821 100th General Assembly
SB1821eng 100TH GENERAL ASSEMBLY |
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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 Regulatory Sunset Act is amended by changing | 5 | | Sections 4.30 and 4.32 as follows: | 6 | | (5 ILCS 80/4.30) | 7 | | Sec. 4.30. Acts repealed on January 1, 2020. The following | 8 | | Acts are repealed on January 1, 2020: | 9 | | The Auction License Act. | 10 | | The Community Association Manager Licensing and | 11 | | Disciplinary Act. | 12 | | The Illinois Architecture Practice Act of 1989. | 13 | | The Illinois Landscape Architecture Act of 1989. | 14 | | The Illinois Professional Land Surveyor Act of 1989. | 15 | | The Land Sales Registration Act of 1999. | 16 | | The Orthotics, Prosthetics, and Pedorthics Practice Act. | 17 | | The Perfusionist Practice Act.
| 18 | | The Professional Engineering Practice Act of 1989. | 19 | | The Real Estate License Act of 2000. | 20 | | The Structural Engineering Practice Act of 1989. | 21 | | (Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09; | 22 | | 96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff. | 23 | | 8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; |
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| 1 | | 96-1000, eff. 7-2-10.) | 2 | | (5 ILCS 80/4.32) | 3 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 4 | | Acts are repealed on January 1, 2022: | 5 | | The Boxing and Full-contact Martial Arts Act. | 6 | | The Collateral Recovery Act. | 7 | | The Detection of Deception Examiners Act.
| 8 | | The Home Inspector License Act.
| 9 | | The Interior Design Title Act.
| 10 | | The Massage Licensing Act.
| 11 | | The Petroleum Equipment Contractors Licensing Act.
| 12 | | The Real Estate Appraiser Licensing Act of 2002. | 13 | | The Water Well and Pump Installation Contractor's License | 14 | | Act. | 15 | | (Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11; | 16 | | 97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff. | 17 | | 8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598, | 18 | | eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.) | 19 | | (225 ILCS 401/Act rep.) | 20 | | Section 10. The Illinois Athlete Agents Act is repealed. | 21 | | Section 15. The Auction License Act is amended by changing | 22 | | Sections 5-10 and 10-1 as follows:
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| 1 | | (225 ILCS 407/5-10)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 5-10. Definitions. As used in this Act:
| 4 | | "Advertisement" means any written, oral, or electronic | 5 | | communication that
contains a promotion, inducement, or offer | 6 | | to conduct an auction or offer to
provide an auction service, | 7 | | including but not limited to brochures, pamphlets,
radio and | 8 | | television scripts, telephone and direct mail solicitations,
| 9 | | electronic media, and other means of promotion.
| 10 | | "Advisory Board" or "Board" means the Auctioneer Advisory | 11 | | Board.
| 12 | | "Associate auctioneer" means a person who conducts an | 13 | | auction, but who is
under the direct supervision of, and is | 14 | | sponsored by, a licensed auctioneer
or auction firm.
| 15 | | "Auction" means the sale or lease of property, real or | 16 | | personal, by means
of exchanges between an auctioneer and | 17 | | prospective
purchasers or lessees, which consists of a series | 18 | | of invitations for offers
made by the auctioneer and offers by | 19 | | prospective
purchasers or lessees for the purpose of obtaining | 20 | | an acceptable offer for
the sale or lease of the property, | 21 | | including the sale or lease of property
via mail, | 22 | | telecommunications, or the Internet.
| 23 | | "Auction contract" means a written agreement between an | 24 | | auctioneer or auction firm and a seller or sellers.
| 25 | | "Auction firm" means any corporation, partnership, or | 26 | | limited liability
company that acts as an auctioneer and |
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| 1 | | provides an auction service.
| 2 | | "Auction school" means any educational institution, public | 3 | | or private,
which offers a curriculum of auctioneer education | 4 | | and training approved
by the Department.
| 5 | | "Auction service" means the service of arranging, | 6 | | managing, advertising,
or conducting auctions.
| 7 | | "Auctioneer" means a person or entity who, for another, for | 8 | | a fee,
compensation, commission, or any other valuable | 9 | | consideration at auction or
with the intention or expectation | 10 | | of receiving valuable consideration by the
means of or process | 11 | | of an auction or sale at auction or providing an auction
| 12 | | service, offers, negotiates, or attempts to negotiate an | 13 | | auction contract,
sale, purchase, or exchange of goods, | 14 | | chattels, merchandise, personal property,
real property, or | 15 | | any commodity that may be lawfully kept or offered for sale
by | 16 | | or at auction.
| 17 | | "Address of Record" means the designated address recorded | 18 | | by the Department in the applicant's or licensee's application | 19 | | file or license file maintained by the Department. It is the | 20 | | duty of the applicant or licensee to inform the Department of | 21 | | any change of address, and such changes must be made either | 22 | | through the Department's website or by directly contacting the | 23 | | Department. | 24 | | "Buyer premium" means any fee or compensation paid by the | 25 | | successful purchaser of property sold or leased at or by | 26 | | auction, to the auctioneer, auction firms, seller, lessor, or |
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| 1 | | other party to the transaction, other than the purchase price. | 2 | | "Department" means the Department of Financial and | 3 | | Professional Regulation.
| 4 | | "Goods" means chattels, movable goods, merchandise, or | 5 | | personal property or
commodities of any form or type that may | 6 | | be lawfully kept or offered for sale.
| 7 | | "Interactive computer service" means any information | 8 | | service, system, or access software provider that provides or | 9 | | enables computer access by multiple users to a computer server, | 10 | | including specifically a service or system that provides access | 11 | | to the Internet. | 12 | | "Internet auction listing service" means a website on the | 13 | | Internet, or other interactive computer service, that is | 14 | | designed to allow or advertise as a means of allowing users to | 15 | | offer personal property or services for sale or lease to a | 16 | | prospective buyer or lessee through an on-line bid submission | 17 | | process using that website or interactive computer service and | 18 | | that does not examine, set the price, prepare the description | 19 | | of the personal property or service to be offered, or in any | 20 | | way utilize the services of a natural person as an auctioneer. | 21 | | "Licensee" means any person licensed under this Act.
| 22 | | "Managing auctioneer" means any person licensed as an | 23 | | auctioneer who manages
and supervises licensees sponsored by an | 24 | | auction firm or auctioneer.
| 25 | | "Person" means an individual, association, partnership, | 26 | | corporation, or
limited liability company or the officers, |
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| 1 | | directors, or employees of the same.
| 2 | | "Pre-renewal period" means the 24 months prior to the | 3 | | expiration date of a
license issued under this Act.
| 4 | | "Real estate" means real estate as defined in Section 1-10 | 5 | | of the Real Estate License Act of 2000 or its successor Acts. | 6 | | "Secretary" means the Secretary of the Department of | 7 | | Financial and Professional Regulation or his or her designee.
| 8 | | "Sponsoring auctioneer" means the auctioneer or auction | 9 | | firm who has issued a
sponsor card to a licensed auctioneer.
| 10 | | "Sponsor card" means the temporary permit issued by the
| 11 | | sponsoring auctioneer certifying that the licensee named | 12 | | thereon is employed
by or associated with the sponsoring | 13 | | auctioneer and the sponsoring auctioneer
shall be responsible | 14 | | for the actions of the sponsored licensee.
| 15 | | (Source: P.A. 98-553, eff. 1-1-14.)
| 16 | | (225 ILCS 407/10-1)
| 17 | | (Section scheduled to be repealed on January 1, 2020)
| 18 | | Sec. 10-1. Necessity of license; exemptions.
| 19 | | (a) It is unlawful for any
person, corporation,
limited | 20 | | liability company, partnership, or other entity to conduct an | 21 | | auction,
provide an auction
service, hold himself or herself | 22 | | out as an auctioneer, or advertise his or her
services as an | 23 | | auctioneer
in the State of Illinois without a license issued by | 24 | | the Department under this Act,
except at:
| 25 | | (1) an auction conducted solely by or for a |
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| 1 | | not-for-profit organization
for
charitable
purposes in | 2 | | which the individual receives no compensation;
| 3 | | (2) an auction conducted by the owner of the property, | 4 | | real or personal;
| 5 | | (3) an auction for the sale or lease of real property | 6 | | conducted by a
licensee
under the
Real Estate License Act, | 7 | | or its successor Acts, in accordance with the terms of
that | 8 | | Act;
| 9 | | (4) an auction conducted by a business registered as a | 10 | | market
agency under the federal Packers and Stockyards Act | 11 | | (7 U.S.C. 181 et seq.) or
under the Livestock Auction | 12 | | Market Law;
| 13 | | (5) an auction conducted by an agent, officer, or | 14 | | employee of a federal
agency in the conduct of his or her | 15 | | official duties; and
| 16 | | (6) an auction conducted by an agent, officer, or | 17 | | employee of the State
government or any political | 18 | | subdivision thereof performing his or her official
duties.
| 19 | | (b) Nothing in this Act shall be construed to apply to a | 20 | | new or used
vehicle dealer
or a vehicle auctioneer licensed by | 21 | | the Secretary of State of Illinois, or
to any employee of the
| 22 | | licensee, who is a resident of the State of Illinois,
while the | 23 | | employee is acting in the regular scope of his or her | 24 | | employment for
the licensee
while conducting an auction that is | 25 | | not open to the public, provided that
only new or used vehicle | 26 | | dealers,
rebuilders, automotive parts recyclers, or scrap |
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| 1 | | processors licensed by the Secretary of State or licensed by
| 2 | | another state or jurisdiction may buy property at the auction, | 3 | | or to sales by or
through the licensee. Out-of-state salvage | 4 | | vehicle buyers licensed in another state or jurisdiction may | 5 | | also buy property at the auction.
| 6 | | (c) Nothing in this Act shall be construed to prohibit a | 7 | | person under the
age of 18 from selling property under $250 in | 8 | | value while under the direct
supervision of a licensed | 9 | | auctioneer.
| 10 | | (d) Nothing in this Act , except Section 10-27, shall be | 11 | | construed to
apply to a person while providing an Internet | 12 | | auction listing service as
defined
in Section 5-10 10-27 .
| 13 | | (Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730, | 14 | | eff. 8-25-09.)
| 15 | | (225 ILCS 407/10-27 rep.)
| 16 | | Section 20. The Auction License Act is amended by repealing | 17 | | Section 10-27.
| 18 | | (225 ILCS 430/Act rep.)
| 19 | | Section 25. The Detection of Deception Examiners Act is | 20 | | repealed. | 21 | | Section 30. The Real Estate License Act of 2000 is amended | 22 | | by changing Sections 1-10, 5-20, 20-20, and 20-85 as follows:
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| 1 | | (225 ILCS 454/1-10)
| 2 | | (Section scheduled to be repealed on January 1, 2020)
| 3 | | Sec. 1-10. Definitions. In this Act, unless the context | 4 | | otherwise requires:
| 5 | | "Act" means the Real Estate License Act of 2000.
| 6 | | "Address of record" means the designated address recorded | 7 | | by the Department in the applicant's or licensee's application | 8 | | file or license file as maintained by the Department's | 9 | | licensure maintenance unit. It is the duty of the applicant or | 10 | | licensee to inform the Department of any change of address, and | 11 | | those changes must be made either through the Department's | 12 | | website or by contacting the Department. | 13 | | "Advisory Council" means the Real Estate Education | 14 | | Advisory Council created
under Section 30-10 of this Act.
| 15 | | "Agency" means a relationship in which a broker or | 16 | | licensee,
whether directly or through an affiliated licensee, | 17 | | represents a consumer by
the consumer's consent, whether | 18 | | express or implied, in a real property
transaction.
| 19 | | "Applicant" means any person, as defined in this Section, | 20 | | who applies to
the Department for a valid license as a managing | 21 | | broker, broker, or
leasing agent.
| 22 | | "Blind advertisement" means any real estate advertisement | 23 | | that does not
include the sponsoring broker's business name and | 24 | | that is used by any licensee
regarding the sale or lease of | 25 | | real estate, including his or her own, licensed
activities, or | 26 | | the hiring of any licensee under this Act. The broker's
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| 1 | | business name in the case of a franchise shall include the | 2 | | franchise
affiliation as well as the name of the individual | 3 | | firm.
| 4 | | "Board" means the Real Estate Administration and | 5 | | Disciplinary Board of the Department as created by Section | 6 | | 25-10 of this Act.
| 7 | | "Branch office" means a sponsoring broker's office other | 8 | | than the sponsoring
broker's principal office.
| 9 | | "Broker" means an individual, partnership, limited | 10 | | liability company,
corporation, or registered limited | 11 | | liability partnership other than a leasing agent who, whether | 12 | | in person or through any media or technology, for another and | 13 | | for compensation, or
with the intention or expectation of | 14 | | receiving compensation, either
directly or indirectly:
| 15 | | (1) Sells, exchanges, purchases, rents, or leases real | 16 | | estate.
| 17 | | (2) Offers to sell, exchange, purchase, rent, or lease | 18 | | real estate.
| 19 | | (3) Negotiates, offers, attempts, or agrees to | 20 | | negotiate the sale,
exchange, purchase, rental, or leasing | 21 | | of real estate.
| 22 | | (4) Lists, offers, attempts, or agrees to list real | 23 | | estate for sale,
rent, lease, or exchange.
| 24 | | (5) Buys, sells, offers to buy or sell, or otherwise | 25 | | deals in options on
real estate or improvements thereon.
| 26 | | (6) Supervises the collection, offer, attempt, or |
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| 1 | | agreement
to collect rent for the use of real estate.
| 2 | | (7) Advertises or represents himself or herself as | 3 | | being engaged in the
business of buying, selling, | 4 | | exchanging, renting, or leasing real estate.
| 5 | | (8) Assists or directs in procuring or referring of | 6 | | leads or prospects, intended to
result in the sale, | 7 | | exchange, lease, or rental of real estate.
| 8 | | (9) Assists or directs in the negotiation of any | 9 | | transaction intended to
result in the sale, exchange, | 10 | | lease, or rental of real estate.
| 11 | | (10) Opens real estate to the public for marketing | 12 | | purposes.
| 13 | | (11) Sells, rents, leases, or offers for sale or lease | 14 | | real estate at
auction.
| 15 | | (12) Prepares or provides a broker price opinion or | 16 | | comparative market analysis as those terms are defined in | 17 | | this Act, pursuant to the provisions of Section 10-45 of | 18 | | this Act. | 19 | | "Brokerage agreement" means a written or oral agreement | 20 | | between a sponsoring
broker and a consumer for licensed | 21 | | activities to be provided to a consumer in
return for | 22 | | compensation or the right to receive compensation from another.
| 23 | | Brokerage agreements may constitute either a bilateral or a | 24 | | unilateral
agreement between the broker and the broker's client | 25 | | depending upon the content
of the brokerage agreement. All | 26 | | exclusive brokerage agreements shall be in
writing.
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| 1 | | "Broker price opinion" means an estimate or analysis of the | 2 | | probable selling price of a particular interest in real estate, | 3 | | which may provide a varying level of detail about the | 4 | | property's condition, market, and neighborhood and information | 5 | | on comparable sales. The activities of a real estate broker or | 6 | | managing broker engaging in the ordinary course of business as | 7 | | a broker, as defined in this Section, shall not be considered a | 8 | | broker price opinion if no compensation is paid to the broker | 9 | | or managing broker, other than compensation based upon the sale | 10 | | or rental of real estate. | 11 | | "Client" means a person who is being represented by a | 12 | | licensee.
| 13 | | "Comparative market analysis" is an analysis or opinion | 14 | | regarding pricing, marketing, or financial aspects relating to | 15 | | a specified interest or interests in real estate that may be | 16 | | based upon an analysis of comparative market data, the | 17 | | expertise of the real estate broker or managing broker, and | 18 | | such other factors as the broker or managing broker may deem | 19 | | appropriate in developing or preparing such analysis or | 20 | | opinion. The activities of a real estate broker or managing | 21 | | broker engaging in the ordinary course of business as a broker, | 22 | | as defined in this Section, shall not be considered a | 23 | | comparative market analysis if no compensation is paid to the | 24 | | broker or managing broker, other than compensation based upon | 25 | | the sale or rental of real estate. | 26 | | "Compensation" means the valuable consideration given by |
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| 1 | | one person or entity
to another person or entity in exchange | 2 | | for the performance of some activity or
service. Compensation | 3 | | shall include the transfer of valuable consideration,
| 4 | | including without limitation the following:
| 5 | | (1) commissions;
| 6 | | (2) referral fees;
| 7 | | (3) bonuses;
| 8 | | (4) prizes;
| 9 | | (5) merchandise;
| 10 | | (6) finder fees;
| 11 | | (7) performance of services;
| 12 | | (8) coupons or gift certificates;
| 13 | | (9) discounts;
| 14 | | (10) rebates;
| 15 | | (11) a chance to win a raffle, drawing, lottery, or | 16 | | similar game of chance
not prohibited by any other law or | 17 | | statute;
| 18 | | (12) retainer fee; or
| 19 | | (13) salary.
| 20 | | "Confidential information" means information obtained by a | 21 | | licensee from a
client during the term of a brokerage agreement | 22 | | that (i) was made confidential
by the written request or | 23 | | written instruction of the client, (ii) deals with
the | 24 | | negotiating position of the client, or (iii) is information the | 25 | | disclosure
of which could materially harm the negotiating | 26 | | position of the client, unless
at any time:
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| 1 | | (1) the client permits the disclosure of information | 2 | | given by that client
by word or conduct;
| 3 | | (2) the disclosure is required by law; or
| 4 | | (3) the information becomes public from a source other | 5 | | than the licensee.
| 6 | | "Confidential information" shall not be considered to | 7 | | include material
information about the physical condition of | 8 | | the property.
| 9 | | "Consumer" means a person or entity seeking or receiving | 10 | | licensed
activities.
| 11 | | "Continuing education school" means any person licensed by | 12 | | the Department as a school
for continuing education in | 13 | | accordance with Section 30-15 of this Act. | 14 | | "Coordinator" means the Coordinator of Real Estate created | 15 | | in Section 25-15 of this Act.
| 16 | | "Credit hour" means 50 minutes of classroom instruction in | 17 | | course work that
meets the requirements set forth in rules | 18 | | adopted by the Department.
| 19 | | "Customer" means a consumer who is not being represented by | 20 | | the licensee but
for whom the licensee is performing | 21 | | ministerial acts.
| 22 | | "Department" means the Department of Financial and | 23 | | Professional Regulation. | 24 | | "Designated agency" means a contractual relationship | 25 | | between a sponsoring
broker and a client under Section 15-50 of | 26 | | this Act in which one or more
licensees associated with or |
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| 1 | | employed by the broker are designated as agent of
the client.
| 2 | | "Designated agent" means a sponsored licensee named by a | 3 | | sponsoring broker as
the legal agent of a client, as provided | 4 | | for in Section 15-50 of this Act.
| 5 | | "Dual agency" means an agency relationship in which a | 6 | | licensee is
representing both buyer and seller or both landlord | 7 | | and tenant in the same
transaction. When the agency | 8 | | relationship is a designated agency, the
question of whether | 9 | | there is a dual agency shall be determined by the agency
| 10 | | relationships of the designated agent of the parties and not of | 11 | | the sponsoring
broker.
| 12 | | "Employee" or other derivative of the word "employee", when | 13 | | used to refer to,
describe, or delineate the relationship | 14 | | between a sponsoring broker and a managing broker, broker, or a | 15 | | leasing agent, shall be
construed to include an independent | 16 | | contractor relationship, provided that a
written agreement | 17 | | exists that clearly establishes and states the relationship.
| 18 | | All responsibilities of a broker shall remain.
| 19 | | "Escrow moneys" means all moneys, promissory notes or any | 20 | | other type or
manner of legal tender or financial consideration | 21 | | deposited with any person for
the benefit of the parties to the | 22 | | transaction. A transaction exists once an
agreement has been | 23 | | reached and an accepted real estate contract signed or lease
| 24 | | agreed to by the parties. Escrow moneys includes without | 25 | | limitation earnest
moneys and security deposits, except those | 26 | | security deposits in which the
person holding the security |
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| 1 | | deposit is also the sole owner of the property
being leased and | 2 | | for which the security deposit is being held.
| 3 | | "Electronic means of proctoring" means a methodology | 4 | | providing assurance that the person taking a test and | 5 | | completing the answers to questions is the person seeking | 6 | | licensure or credit for continuing education and is doing so | 7 | | without the aid of a third party or other device. | 8 | | "Exclusive brokerage agreement" means a written brokerage | 9 | | agreement that provides that the sponsoring broker has the sole | 10 | | right, through one or more sponsored licensees, to act as the | 11 | | exclusive designated agent or representative of the client and | 12 | | that meets the requirements of Section 15-75 of this Act.
| 13 | | "Inoperative" means a status of licensure where the | 14 | | licensee holds a current
license under this Act, but the | 15 | | licensee is prohibited from engaging in
licensed activities | 16 | | because the licensee is unsponsored or the license of the
| 17 | | sponsoring broker with whom the licensee is associated or by | 18 | | whom he or she is
employed is currently expired, revoked, | 19 | | suspended, or otherwise rendered
invalid under this Act.
| 20 | | "Interactive delivery method" means delivery of a course by | 21 | | an instructor through a medium allowing for 2-way communication | 22 | | between the instructor and a student in which either can | 23 | | initiate or respond to questions. | 24 | | "Leads" means the name or names of a potential buyer, | 25 | | seller, lessor, lessee, or client of a licensee. | 26 | | "Leasing Agent" means a person who is employed by a broker |
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| 1 | | to
engage in licensed activities limited to leasing residential | 2 | | real estate who
has obtained a license as provided for in | 3 | | Section 5-5 of this Act.
| 4 | | "License" means the document issued by the Department | 5 | | certifying that the person named
thereon has fulfilled all | 6 | | requirements prerequisite to licensure under this
Act.
| 7 | | "Licensed activities" means those activities listed in the | 8 | | definition of
"broker" under this Section.
| 9 | | "Licensee" means any person, as defined in this Section, | 10 | | who holds a
valid unexpired license as a managing broker, | 11 | | broker, or
leasing agent.
| 12 | | "Listing presentation" means a communication between a | 13 | | managing broker or
broker and a consumer in which the licensee | 14 | | is attempting to secure a
brokerage agreement with the consumer | 15 | | to market the consumer's real estate for
sale or lease.
| 16 | | "Managing broker" means a broker who has supervisory | 17 | | responsibilities for
licensees in one or, in the case of a | 18 | | multi-office company, more than one
office and who has been | 19 | | appointed as such by the sponsoring broker.
| 20 | | "Medium of advertising" means any method of communication | 21 | | intended to
influence the general public to use or purchase a | 22 | | particular good or service or
real estate.
| 23 | | "Ministerial acts" means those acts that a licensee may | 24 | | perform for a
consumer that are informative or clerical in | 25 | | nature and do not rise to the
level of active representation on | 26 | | behalf of a consumer. Examples of these acts
include without |
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| 1 | | limitation (i) responding to phone inquiries by consumers as to
| 2 | | the availability and pricing of brokerage services, (ii) | 3 | | responding to phone
inquiries from a consumer concerning the | 4 | | price or location of property, (iii)
attending an open house | 5 | | and responding to questions about the property from a
consumer, | 6 | | (iv) setting an appointment to view property, (v) responding to
| 7 | | questions of consumers walking into a licensee's office | 8 | | concerning brokerage
services offered or particular | 9 | | properties, (vi) accompanying an appraiser,
inspector, | 10 | | contractor, or similar third party on a visit to a property, | 11 | | (vii)
describing a property or the property's condition in | 12 | | response to a consumer's
inquiry, (viii) completing business or | 13 | | factual information for a consumer on an
offer or contract to | 14 | | purchase on behalf of a client, (ix) showing a client
through a | 15 | | property being sold by an owner on his or her own behalf, or | 16 | | (x)
referral to another broker or service provider.
| 17 | | "Office" means a broker's place of business where the | 18 | | general
public is invited to transact business and where | 19 | | records may be maintained and
licenses displayed, whether or | 20 | | not it is the broker's principal place of
business.
| 21 | | "Person" means and includes individuals, entities, | 22 | | corporations, limited
liability companies, registered limited | 23 | | liability partnerships, and
partnerships, foreign or domestic, | 24 | | except that when the context otherwise
requires, the term may | 25 | | refer to a single individual or other described entity.
| 26 | | "Personal assistant" means a licensed or unlicensed person |
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| 1 | | who has been hired
for the purpose of aiding or assisting a | 2 | | sponsored licensee in the performance
of the sponsored | 3 | | licensee's job.
| 4 | | "Pocket card" means the card issued by the Department to | 5 | | signify that the person named
on the card is currently licensed | 6 | | under this Act.
| 7 | | "Pre-license school" means a school licensed by the | 8 | | Department offering courses in
subjects related to real estate | 9 | | transactions, including the subjects upon
which an applicant is | 10 | | examined in determining fitness to receive a license.
| 11 | | "Pre-renewal period" means the period between the date of | 12 | | issue of a
currently valid license and the license's expiration | 13 | | date.
| 14 | | "Proctor" means any person, including, but not limited to, | 15 | | an instructor, who has a written agreement to administer | 16 | | examinations fairly and impartially with a licensed | 17 | | pre-license school or a licensed continuing education school. | 18 | | "Real estate" means and includes leaseholds as well as any | 19 | | other interest or
estate in land, whether corporeal, | 20 | | incorporeal, freehold, or non-freehold ,
including timeshare | 21 | | interests, and whether the real estate is situated in this
| 22 | | State or elsewhere. "Real estate" does not include property | 23 | | sold, exchanged, or leased as a timeshare or similar vacation | 24 | | item or interest, vacation club membership, or other activity | 25 | | formerly regulated under the Real Estate Timeshare Act of 1999 | 26 | | (repealed).
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| 1 | | "Regular employee" means a person working an average of 20 | 2 | | hours per week for a person or entity who would be considered | 3 | | as an employee under the Internal Revenue Service eleven main | 4 | | tests in three categories being behavioral control, financial | 5 | | control and the type of relationship of the parties, formerly | 6 | | the twenty factor test.
| 7 | | "Secretary" means the Secretary of the Department of | 8 | | Financial and Professional Regulation, or a person authorized | 9 | | by the Secretary to act in the Secretary's stead. | 10 | | "Sponsoring broker" means the broker who has issued a | 11 | | sponsor card to a
licensed managing broker, broker, or a | 12 | | leasing agent.
| 13 | | "Sponsor card" means the temporary permit issued by the | 14 | | sponsoring broker certifying that the managing broker, broker,
| 15 | | or leasing agent named thereon is employed by or associated by | 16 | | written
agreement with the sponsoring broker, as provided for | 17 | | in Section
5-40 of this Act.
| 18 | | (Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | 19 | | 99-227, eff. 8-3-15.)
| 20 | | (225 ILCS 454/5-20)
| 21 | | (Section scheduled to be repealed on January 1, 2020)
| 22 | | Sec. 5-20. Exemptions from managing broker, broker, or | 23 | | leasing agent license
requirement. The requirement for holding | 24 | | a license under this Article 5 shall
not apply to:
| 25 | | (1) Any person, partnership, or corporation that as |
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| 1 | | owner or lessor performs
any of the acts described in the | 2 | | definition of "broker" under Section 1-10 of
this Act with | 3 | | reference to property owned or leased by it, or to the | 4 | | regular
employees thereof with respect to the property so | 5 | | owned or leased, where such
acts are performed in the | 6 | | regular course of or as an incident to the
management, | 7 | | sale, or other disposition of such property and the | 8 | | investment
therein, provided that such regular employees | 9 | | do not perform any of the acts
described in the definition | 10 | | of "broker" under Section 1-10 of this Act in
connection | 11 | | with a vocation of selling or leasing any real estate or | 12 | | the
improvements thereon not so owned or leased.
| 13 | | (2) An attorney in fact acting under a duly executed | 14 | | and recorded power of
attorney to convey real estate from | 15 | | the owner or lessor or the services
rendered by an attorney | 16 | | at law in the performance of the attorney's duty as an
| 17 | | attorney at law.
| 18 | | (3) Any person acting as receiver, trustee in | 19 | | bankruptcy, administrator,
executor, or guardian or while | 20 | | acting under a court order or under the
authority of a will | 21 | | or testamentary trust.
| 22 | | (4) Any person acting as a resident manager for the | 23 | | owner or any employee
acting as the resident manager for a | 24 | | broker managing an apartment building,
duplex, or | 25 | | apartment complex, when the resident manager resides on the
| 26 | | premises, the premises is his or her primary residence, and |
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| 1 | | the resident
manager is engaged in the leasing of the | 2 | | property of which he or she is the
resident manager.
| 3 | | (5) Any officer or employee of a federal agency in the | 4 | | conduct of official
duties.
| 5 | | (6) Any officer or employee of the State government or | 6 | | any political
subdivision thereof performing official | 7 | | duties.
| 8 | | (7) Any multiple listing service or other similar | 9 | | information exchange that is
engaged in the collection
and | 10 | | dissemination of information concerning real estate | 11 | | available for sale,
purchase, lease, or
exchange for the | 12 | | purpose of providing licensees with a system by which | 13 | | licensees may cooperatively share information along with | 14 | | which no other licensed activities, as defined in Section | 15 | | 1-10 of this Act, are provided.
| 16 | | (8) Railroads and other public utilities regulated by | 17 | | the State of Illinois,
or the officers or full time | 18 | | employees thereof, unless the performance of any
licensed | 19 | | activities is in connection with the sale, purchase, lease, | 20 | | or other
disposition of real estate or investment therein | 21 | | not needing the approval of
the appropriate State | 22 | | regulatory authority.
| 23 | | (9) Any medium of advertising in the routine course of | 24 | | selling or publishing
advertising along with which no other | 25 | | licensed activities, as defined in Section 1-10 of this | 26 | | Act, are provided.
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| 1 | | (10) Any resident lessee of a residential dwelling unit | 2 | | who refers for
compensation to the owner of the dwelling | 3 | | unit, or to the owner's agent,
prospective lessees of | 4 | | dwelling units in the same building or complex as the
| 5 | | resident lessee's unit, but only if the resident lessee (i) | 6 | | refers no more than
3 prospective lessees in any 12-month | 7 | | period, (ii) receives compensation of no
more than $1,500 | 8 | | or the equivalent of one month's rent, whichever is less, | 9 | | in
any 12-month period, and (iii) limits his or her | 10 | | activities to referring
prospective lessees to the owner, | 11 | | or the owner's agent, and does not show a
residential | 12 | | dwelling unit to a prospective lessee, discuss terms or | 13 | | conditions
of leasing a dwelling unit with a prospective | 14 | | lessee, or otherwise participate
in the negotiation of the | 15 | | leasing of a dwelling unit.
| 16 | | (11) The purchase, sale, or transfer of a timeshare or | 17 | | similar vacation item or interest, vacation club | 18 | | membership, or other activity formerly regulated under the | 19 | | Real Estate Timeshare Act of 1999 (repealed) An exchange | 20 | | company registered under the Real Estate Timeshare Act of
| 21 | | 1999 and the regular employees of that registered exchange | 22 | | company but only
when conducting an exchange program as | 23 | | defined in that Act .
| 24 | | (12) (Blank). An existing timeshare owner who, for | 25 | | compensation, refers prospective
purchasers, but only if | 26 | | the existing timeshare owner (i) refers no more than 20
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| 1 | | prospective purchasers in any calendar year, (ii) receives | 2 | | no more than $1,000,
or its equivalent, for referrals in | 3 | | any calendar year and (iii) limits his or
her activities to | 4 | | referring prospective purchasers of timeshare interests to
| 5 | | the developer or the developer's employees or agents, and | 6 | | does not show,
discuss terms or conditions of purchase or | 7 | | otherwise participate in
negotiations with regard to | 8 | | timeshare interests.
| 9 | | (13) Any person who is licensed without examination | 10 | | under
Section 10-25 (now repealed) of the Auction License | 11 | | Act is exempt from holding a managing broker's or
broker's | 12 | | license under this Act for the limited purpose of selling | 13 | | or
leasing real estate at auction, so long as:
| 14 | | (A) that person has made application for said | 15 | | exemption by July 1, 2000;
| 16 | | (B) that person verifies to the Department that he | 17 | | or she has sold real estate
at auction for a period of | 18 | | 5 years prior to licensure as an auctioneer;
| 19 | | (C) the person has had no lapse in his or her | 20 | | license as an
auctioneer; and
| 21 | | (D) the license issued under the Auction License | 22 | | Act has not been
disciplined for violation of those | 23 | | provisions of Article 20 of the Auction
License Act | 24 | | dealing with or related to the sale or lease of real | 25 | | estate at
auction.
| 26 | | (14) A person who holds a valid license under the |
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| 1 | | Auction License Act and a valid real estate auction | 2 | | certification and conducts auctions for the sale of real | 3 | | estate under Section 5-32 of this Act. | 4 | | (15) A hotel operator who is registered with the | 5 | | Illinois Department of
Revenue and pays taxes under the | 6 | | Hotel Operators' Occupation Tax Act and rents
a room or | 7 | | rooms in a hotel as defined in the Hotel Operators' | 8 | | Occupation Tax
Act for a period of not more than 30 | 9 | | consecutive days and not more than 60 days
in a calendar | 10 | | year.
| 11 | | (Source: P.A. 98-553, eff. 1-1-14; 99-227, eff. 8-3-15.)
| 12 | | (225 ILCS 454/20-20)
| 13 | | (Section scheduled to be repealed on January 1, 2020)
| 14 | | Sec. 20-20. Grounds for discipline. | 15 | | (a) The Department may refuse to issue or renew a license, | 16 | | may place on probation, suspend,
or
revoke any
license, | 17 | | reprimand, or take any other disciplinary or non-disciplinary | 18 | | action as the Department may deem proper and impose a
fine not | 19 | | to exceed
$25,000 upon any licensee or applicant under this Act | 20 | | or any person who holds himself or herself out as an applicant | 21 | | or licensee or against a licensee in handling his or her own | 22 | | property, whether held by deed, option, or otherwise, for any | 23 | | one or any combination of the
following causes:
| 24 | | (1) Fraud or misrepresentation in applying for, or | 25 | | procuring, a license under this Act or in connection with |
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| 1 | | applying for renewal of a license under this Act.
| 2 | | (2) The conviction of or plea of guilty or plea of nolo | 3 | | contendere to a felony or misdemeanor in this State or any | 4 | | other jurisdiction; or the entry of an administrative | 5 | | sanction by a government agency in this State or any other | 6 | | jurisdiction. Action taken under this paragraph (2) for a | 7 | | misdemeanor or an administrative sanction is limited to a | 8 | | misdemeanor or administrative sanction that has as an
| 9 | | essential element dishonesty or fraud or involves larceny, | 10 | | embezzlement,
or obtaining money, property, or credit by | 11 | | false pretenses or by means of a
confidence
game.
| 12 | | (3) Inability to practice the profession with | 13 | | reasonable judgment, skill, or safety as a result of a | 14 | | physical illness, including, but not limited to, | 15 | | deterioration through the aging process or loss of motor | 16 | | skill, or a mental illness or disability.
| 17 | | (4) Practice under this Act as a licensee in a retail | 18 | | sales establishment from an office, desk, or space that
is | 19 | | not
separated from the main retail business by a separate | 20 | | and distinct area within
the
establishment.
| 21 | | (5) Having been disciplined by another state, the | 22 | | District of Columbia, a territory, a foreign nation, or a | 23 | | governmental agency authorized to impose discipline if at | 24 | | least one of the grounds for that discipline is the same as | 25 | | or
the
equivalent of one of the grounds for which a | 26 | | licensee may be disciplined under this Act. A certified |
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| 1 | | copy of the record of the action by the other state or | 2 | | jurisdiction shall be prima facie evidence thereof.
| 3 | | (6) Engaging in the practice of real estate brokerage
| 4 | | without a
license or after the licensee's license was | 5 | | expired or while the license was
inoperative.
| 6 | | (7) Cheating on or attempting to subvert the Real
| 7 | | Estate License Exam or continuing education exam. | 8 | | (8) Aiding or abetting an applicant
to
subvert or cheat | 9 | | on the Real Estate License Exam or continuing education | 10 | | exam
administered pursuant to this Act.
| 11 | | (9) Advertising that is inaccurate, misleading, or | 12 | | contrary to the provisions of the Act.
| 13 | | (10) Making any substantial misrepresentation or | 14 | | untruthful advertising.
| 15 | | (11) Making any false promises of a character likely to | 16 | | influence,
persuade,
or induce.
| 17 | | (12) Pursuing a continued and flagrant course of | 18 | | misrepresentation or the
making
of false promises through | 19 | | licensees, employees, agents, advertising, or
otherwise.
| 20 | | (13) Any misleading or untruthful advertising, or | 21 | | using any trade name or
insignia of membership in any real | 22 | | estate organization of which the licensee is
not a member.
| 23 | | (14) Acting for more than one party in a transaction | 24 | | without providing
written
notice to all parties for whom | 25 | | the licensee acts.
| 26 | | (15) Representing or attempting to represent a broker |
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| 1 | | other than the
sponsoring broker.
| 2 | | (16) Failure to account for or to remit any moneys or | 3 | | documents coming into
his or her possession that belong to | 4 | | others.
| 5 | | (17) Failure to maintain and deposit in a special | 6 | | account, separate and
apart from
personal and other | 7 | | business accounts, all escrow moneys belonging to others
| 8 | | entrusted to a licensee
while acting as a broker, escrow | 9 | | agent, or temporary custodian of
the funds of others or
| 10 | | failure to maintain all escrow moneys on deposit in the | 11 | | account until the
transactions are
consummated or | 12 | | terminated, except to the extent that the moneys, or any | 13 | | part
thereof, shall be: | 14 | | (A)
disbursed prior to the consummation or | 15 | | termination (i) in accordance with
the
written | 16 | | direction of
the principals to the transaction or their | 17 | | duly authorized agents, (ii) in accordance with
| 18 | | directions providing for the
release, payment, or | 19 | | distribution of escrow moneys contained in any written
| 20 | | contract signed by the
principals to the transaction or | 21 | | their duly authorized agents,
or (iii)
pursuant to an | 22 | | order of a court of competent
jurisdiction; or | 23 | | (B) deemed abandoned and transferred to the Office | 24 | | of the State Treasurer to be handled as unclaimed | 25 | | property pursuant to the Uniform Disposition of | 26 | | Unclaimed Property Act. Escrow moneys may be deemed |
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| 1 | | abandoned under this subparagraph (B) only: (i) in the | 2 | | absence of disbursement under subparagraph (A); (ii) | 3 | | in the absence of notice of the filing of any claim in | 4 | | a court of competent jurisdiction; and (iii) if 6 | 5 | | months have elapsed after the receipt of a written | 6 | | demand for the escrow moneys from one of the principals | 7 | | to the transaction or the principal's duly authorized | 8 | | agent.
| 9 | | The account
shall be noninterest
bearing, unless the | 10 | | character of the deposit is such that payment of interest
| 11 | | thereon is otherwise
required by law or unless the | 12 | | principals to the transaction specifically
require, in | 13 | | writing, that the
deposit be placed in an interest bearing | 14 | | account.
| 15 | | (18) Failure to make available to the Department all | 16 | | escrow records and related documents
maintained in | 17 | | connection
with the practice of real estate within 24 hours | 18 | | of a request for those
documents by Department personnel.
| 19 | | (19) Failing to furnish copies upon request of | 20 | | documents relating to a
real
estate transaction to a party | 21 | | who has executed that document.
| 22 | | (20) Failure of a sponsoring broker to timely provide | 23 | | information, sponsor
cards,
or termination of licenses to | 24 | | the Department.
| 25 | | (21) Engaging in dishonorable, unethical, or | 26 | | unprofessional conduct of a
character
likely to deceive, |
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| 1 | | defraud, or harm the public.
| 2 | | (22) Commingling the money or property of others with | 3 | | his or her own money or property.
| 4 | | (23) Employing any person on a purely temporary or | 5 | | single deal basis as a
means
of evading the law regarding | 6 | | payment of commission to nonlicensees on some
contemplated
| 7 | | transactions.
| 8 | | (24) Permitting the use of his or her license as a | 9 | | broker to enable a
leasing agent or
unlicensed person to | 10 | | operate a real estate business without actual
| 11 | | participation therein and control
thereof by the broker.
| 12 | | (25) Any other conduct, whether of the same or a | 13 | | different character from
that
specified in this Section, | 14 | | that constitutes dishonest dealing.
| 15 | | (26) Displaying a "for rent" or "for sale" sign on any | 16 | | property without
the written
consent of an owner or his or | 17 | | her duly authorized agent or advertising by any
means that | 18 | | any property is
for sale or for rent without the written | 19 | | consent of the owner or his or her
authorized agent.
| 20 | | (27) Failing to provide information requested by the | 21 | | Department, or otherwise respond to that request, within 30 | 22 | | days of
the
request.
| 23 | | (28) Advertising by means of a blind advertisement, | 24 | | except as otherwise
permitted in Section 10-30 of this Act.
| 25 | | (29) Offering guaranteed sales plans, as defined in | 26 | | clause (A) of
this subdivision (29), except to
the extent |
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| 1 | | hereinafter set forth:
| 2 | | (A) A "guaranteed sales plan" is any real estate | 3 | | purchase or sales plan
whereby a licensee enters into a | 4 | | conditional or unconditional written contract
with a | 5 | | seller, prior to entering into a brokerage agreement | 6 | | with the seller, by the
terms of which a licensee | 7 | | agrees to purchase a property of the seller within a
| 8 | | specified period of time
at a specific price in the | 9 | | event the property is not sold in accordance with
the | 10 | | terms of a brokerage agreement to be entered into | 11 | | between the sponsoring broker and the seller.
| 12 | | (B) A licensee offering a guaranteed sales plan | 13 | | shall provide the
details
and conditions of the plan in | 14 | | writing to the party to whom the plan is
offered.
| 15 | | (C) A licensee offering a guaranteed sales plan | 16 | | shall provide to the
party
to whom the plan is offered | 17 | | evidence of sufficient financial resources to
satisfy | 18 | | the commitment to
purchase undertaken by the broker in | 19 | | the plan.
| 20 | | (D) Any licensee offering a guaranteed sales plan | 21 | | shall undertake to
market the property of the seller | 22 | | subject to the plan in the same manner in
which the | 23 | | broker would
market any other property, unless the | 24 | | agreement with the seller provides
otherwise.
| 25 | | (E) The licensee cannot purchase seller's property | 26 | | until the brokerage agreement has ended according to |
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| 1 | | its terms or is otherwise terminated. | 2 | | (F) Any licensee who fails to perform on a | 3 | | guaranteed sales plan in
strict accordance with its | 4 | | terms shall be subject to all the penalties provided
in | 5 | | this Act for
violations thereof and, in addition, shall | 6 | | be subject to a civil fine payable
to the party injured | 7 | | by the
default in an amount of up to $25,000.
| 8 | | (30) Influencing or attempting to influence, by any | 9 | | words or acts, a
prospective
seller, purchaser, occupant, | 10 | | landlord, or tenant of real estate, in connection
with | 11 | | viewing, buying, or
leasing real estate, so as to promote | 12 | | or tend to promote the continuance
or maintenance of
| 13 | | racially and religiously segregated housing or so as to | 14 | | retard, obstruct, or
discourage racially
integrated | 15 | | housing on or in any street, block, neighborhood, or | 16 | | community.
| 17 | | (31) Engaging in any act that constitutes a violation | 18 | | of any provision of
Article 3 of the Illinois Human Rights | 19 | | Act, whether or not a complaint has
been filed with or
| 20 | | adjudicated by the Human Rights Commission.
| 21 | | (32) Inducing any party to a contract of sale or lease | 22 | | or brokerage
agreement to
break the contract of sale or | 23 | | lease or brokerage agreement for the purpose of
| 24 | | substituting, in lieu
thereof, a new contract for sale or | 25 | | lease or brokerage agreement with a third
party.
| 26 | | (33) Negotiating a sale, exchange, or lease of real |
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| 1 | | estate directly with
any person
if the licensee knows that | 2 | | the person has an exclusive brokerage
agreement with | 3 | | another
broker, unless specifically authorized by that | 4 | | broker.
| 5 | | (34) When a licensee is also an attorney, acting as the | 6 | | attorney for
either the
buyer or the seller in the same | 7 | | transaction in which the licensee is acting or
has acted as | 8 | | a managing broker
or broker.
| 9 | | (35) Advertising or offering merchandise or services | 10 | | as free if any
conditions or
obligations necessary for | 11 | | receiving the merchandise or services are not
disclosed in | 12 | | the same
advertisement or offer. These conditions or | 13 | | obligations include without
limitation the
requirement | 14 | | that the recipient attend a promotional activity or visit a | 15 | | real
estate site. As used in this
subdivision (35), "free" | 16 | | includes terms such as "award", "prize", "no charge",
"free | 17 | | of charge",
"without charge", and similar words or phrases | 18 | | that reasonably lead a person to
believe that he or she
may | 19 | | receive or has been selected to receive something of value, | 20 | | without any
conditions or
obligations on the part of the | 21 | | recipient.
| 22 | | (36) (Blank). Disregarding or violating any provision | 23 | | of the Land Sales
Registration Act of 1989, the Illinois | 24 | | Real Estate
Time-Share Act, or the published rules | 25 | | promulgated by the Department to enforce
those Acts.
| 26 | | (37) Violating the terms of a disciplinary order
issued |
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| 1 | | by the Department.
| 2 | | (38) Paying or failing to disclose compensation in | 3 | | violation of Article 10 of this Act.
| 4 | | (39) Requiring a party to a transaction who is not a | 5 | | client of the
licensee
to allow the licensee to retain a | 6 | | portion of the escrow moneys for payment of
the licensee's | 7 | | commission or expenses as a condition for release of the | 8 | | escrow
moneys to that party.
| 9 | | (40) Disregarding or violating any provision of this | 10 | | Act or the published
rules
promulgated by the Department to | 11 | | enforce this Act or aiding or abetting any individual,
| 12 | | partnership, registered limited liability partnership, | 13 | | limited liability
company, or corporation in
disregarding | 14 | | any provision of this Act or the published rules | 15 | | promulgated by the Department
to enforce this Act.
| 16 | | (41) Failing to provide the minimum services required | 17 | | by Section 15-75 of this Act when acting under an exclusive | 18 | | brokerage agreement.
| 19 | | (42) Habitual or excessive use or addiction to alcohol, | 20 | | narcotics, stimulants, or any other chemical agent or drug | 21 | | that results in a managing broker, broker, or leasing | 22 | | agent's inability to practice with reasonable skill or | 23 | | safety. | 24 | | (43) Enabling, aiding, or abetting an auctioneer, as | 25 | | defined in the Auction License Act, to conduct a real | 26 | | estate auction in a manner that is in violation of this |
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| 1 | | Act. | 2 | | (b) The Department may refuse to issue or renew or may | 3 | | suspend the license of any person who fails to file a return, | 4 | | pay the tax, penalty or interest shown in a filed return, or | 5 | | pay any final assessment of tax, penalty, or interest, as | 6 | | required by any tax Act administered by the Department of | 7 | | Revenue, until such time as the requirements of that tax Act | 8 | | are satisfied in accordance with subsection (g) of Section | 9 | | 2105-15 of the Civil Administrative Code of Illinois. | 10 | | (c) The Department shall deny a license or renewal | 11 | | authorized by this Act to a person who has defaulted on an | 12 | | educational loan or scholarship provided or guaranteed by the | 13 | | Illinois Student Assistance Commission or any governmental | 14 | | agency of this State in accordance with item (5) of subsection | 15 | | (a) of Section 2105-15 of the Civil Administrative Code of | 16 | | Illinois. | 17 | | (d) In cases where the Department of Healthcare and Family | 18 | | Services (formerly Department of Public Aid) has previously | 19 | | determined that a licensee or a potential licensee is more than | 20 | | 30 days delinquent in the payment of child support and has | 21 | | subsequently certified the delinquency to the Department may | 22 | | refuse to issue or renew or may revoke or suspend that person's | 23 | | license or may take other disciplinary action against that | 24 | | person based solely upon the certification of delinquency made | 25 | | by the Department of Healthcare and Family Services in | 26 | | accordance with item (5) of subsection (a) of Section 2105-15 |
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| 1 | | of the Civil Administrative Code of Illinois. | 2 | | (e) In enforcing this Section, the Department or Board upon | 3 | | a showing of a possible violation may compel an individual | 4 | | licensed to practice under this Act, or who has applied for | 5 | | licensure under this Act, to submit to a mental or physical | 6 | | examination, or both, as required by and at the expense of the | 7 | | Department. The Department or Board may order the examining | 8 | | physician to present testimony concerning the mental or | 9 | | physical examination of the licensee or applicant. No | 10 | | information shall be excluded by reason of any common law or | 11 | | statutory privilege relating to communications between the | 12 | | licensee or applicant and the examining physician. The | 13 | | examining physicians shall be specifically designated by the | 14 | | Board or Department. The individual to be examined may have, at | 15 | | his or her own expense, another physician of his or her choice | 16 | | present during all aspects of this examination. Failure of an | 17 | | individual to submit to a mental or physical examination, when | 18 | | directed, shall be grounds for suspension of his or her license | 19 | | until the individual submits to the examination if the | 20 | | Department finds, after notice and hearing, that the refusal to | 21 | | submit to the examination was without reasonable cause. | 22 | | If the Department or Board finds an individual unable to | 23 | | practice because of the reasons set forth in this Section, the | 24 | | Department or Board may require that individual to submit to | 25 | | care, counseling, or treatment by physicians approved or | 26 | | designated by the Department or Board, as a condition, term, or |
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| 1 | | restriction for continued, reinstated, or renewed licensure to | 2 | | practice; or, in lieu of care, counseling, or treatment, the | 3 | | Department may file, or the Board may recommend to the | 4 | | Department to file, a complaint to immediately suspend, revoke, | 5 | | or otherwise discipline the license of the individual. An | 6 | | individual whose license was granted, continued, reinstated, | 7 | | renewed, disciplined or supervised subject to such terms, | 8 | | conditions, or restrictions, and who fails to comply with such | 9 | | terms, conditions, or restrictions, shall be referred to the | 10 | | Secretary for a determination as to whether the individual | 11 | | shall have his or her license suspended immediately, pending a | 12 | | hearing by the Department. | 13 | | In instances in which the Secretary immediately suspends a | 14 | | person's license under this Section, a hearing on that person's | 15 | | license must be convened by the Department within 30 days after | 16 | | the suspension and completed without appreciable delay. The | 17 | | Department and Board shall have the authority to review the | 18 | | subject individual's record of treatment and counseling | 19 | | regarding the impairment to the extent permitted by applicable | 20 | | federal statutes and regulations safeguarding the | 21 | | confidentiality of medical records. | 22 | | An individual licensed under this Act and affected under | 23 | | this Section shall be afforded an opportunity to demonstrate to | 24 | | the Department or Board that he or she can resume practice in | 25 | | compliance with acceptable and prevailing standards under the | 26 | | provisions of his or her license. |
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| 1 | | (Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14; | 2 | | 99-227, eff. 8-3-15.)
| 3 | | (225 ILCS 454/20-85)
| 4 | | (Section scheduled to be repealed on January 1, 2020)
| 5 | | Sec. 20-85. Recovery from Real Estate Recovery Fund. The | 6 | | Department shall maintain a Real Estate Recovery Fund from | 7 | | which any person aggrieved
by an act,
representation, | 8 | | transaction, or conduct of a licensee or unlicensed employee of
| 9 | | a licensee that is
in violation of this Act or the rules | 10 | | promulgated pursuant thereto,
constitutes
embezzlement of | 11 | | money or property, or results in money or property being
| 12 | | unlawfully obtained
from any person by false pretenses, | 13 | | artifice, trickery, or forgery or by reason
of any fraud,
| 14 | | misrepresentation, discrimination, or deceit by or on the part | 15 | | of any such
licensee or the unlicensed
employee of a licensee | 16 | | and that results in a loss of actual cash money, as
opposed to | 17 | | losses in
market value, may recover. The aggrieved person may | 18 | | recover, by a post-judgment order of the
circuit court of the
| 19 | | county where the violation occurred in a proceeding described | 20 | | in Section 20-90 of this Act, an amount of not more than | 21 | | $25,000 from
the Fund for
damages sustained by the act, | 22 | | representation, transaction, or conduct, together
with costs | 23 | | of suit and
attorney's fees incurred in connection therewith of | 24 | | not to exceed 15% of the
amount of the recovery
ordered paid | 25 | | from the Fund. However, no person may
recover from the
Fund |
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| 1 | | unless the court finds that the person suffered a loss | 2 | | resulting from
intentional misconduct.
The post-judgment order | 3 | | shall not include interest on the judgment.
The maximum | 4 | | liability against the Fund arising out of any one act shall be | 5 | | as
provided in this
Section, and the post-judgment order shall | 6 | | spread the award equitably among all
co-owners or otherwise
| 7 | | aggrieved persons, if any. The maximum liability against the | 8 | | Fund arising out
of the activities of
any one licensee or one | 9 | | unlicensed employee of a licensee, since January 1,
1974, shall | 10 | | be $100,000.
Nothing in this Section shall be construed to | 11 | | authorize recovery from the Fund
unless the loss of the | 12 | | aggrieved person results from an act or omission of a licensee | 13 | | under this Act
who was at the time of the act or omission
| 14 | | acting in such
capacity or was apparently acting in such | 15 | | capacity or their unlicensed employee and unless the aggrieved
| 16 | | person has obtained a
valid judgment and post-judgment order of | 17 | | the court as provided for in Section 20-90 of this Act.
No | 18 | | person aggrieved by an act, representation, or transaction that | 19 | | is in
violation of the Illinois
Real Estate Time-Share Act or | 20 | | the Land Sales Registration Act of 1989 may
recover from the
| 21 | | Fund.
| 22 | | (Source: P.A. 99-227, eff. 8-3-15.)
| 23 | | Section 45. The Unified Code of Corrections is amended by | 24 | | changing Section 5-5-5 as follows:
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| 1 | | (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| 2 | | Sec. 5-5-5. Loss and Restoration of Rights.
| 3 | | (a) Conviction and disposition shall not entail the loss by | 4 | | the
defendant of any civil rights, except under this Section | 5 | | and Sections 29-6
and 29-10 of The Election Code, as now or | 6 | | hereafter amended.
| 7 | | (b) A person convicted of a felony shall be ineligible to | 8 | | hold an office
created by the Constitution of this State until | 9 | | the completion of his sentence.
| 10 | | (c) A person sentenced to imprisonment shall lose his right | 11 | | to vote
until released from imprisonment.
| 12 | | (d) On completion of sentence of imprisonment or upon | 13 | | discharge from
probation, conditional discharge or periodic | 14 | | imprisonment, or at any time
thereafter, all license rights and | 15 | | privileges
granted under the authority of this State which have | 16 | | been revoked or
suspended because of conviction of an offense | 17 | | shall be restored unless the
authority having jurisdiction of | 18 | | such license rights finds after
investigation and hearing that | 19 | | restoration is not in the public interest.
This paragraph (d) | 20 | | shall not apply to the suspension or revocation of a
license to | 21 | | operate a motor vehicle under the Illinois Vehicle Code.
| 22 | | (e) Upon a person's discharge from incarceration or parole, | 23 | | or upon a
person's discharge from probation or at any time | 24 | | thereafter, the committing
court may enter an order certifying | 25 | | that the sentence has been
satisfactorily completed when the | 26 | | court believes it would assist in the
rehabilitation of the |
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| 1 | | person and be consistent with the public welfare.
Such order | 2 | | may be entered upon the motion of the defendant or the State or
| 3 | | upon the court's own motion.
| 4 | | (f) Upon entry of the order, the court shall issue to the | 5 | | person in
whose favor the order has been entered a certificate | 6 | | stating that his
behavior after conviction has warranted the | 7 | | issuance of the order.
| 8 | | (g) This Section shall not affect the right of a defendant | 9 | | to
collaterally attack his conviction or to rely on it in bar | 10 | | of subsequent
proceedings for the same offense.
| 11 | | (h) No application for any license specified in subsection | 12 | | (i) of this
Section granted under the
authority of this State | 13 | | shall be denied by reason of an eligible offender who
has | 14 | | obtained a certificate of relief from disabilities, as
defined | 15 | | in Article 5.5 of this Chapter, having been previously | 16 | | convicted of one
or more
criminal offenses, or by reason of a | 17 | | finding of lack of "good moral
character" when the finding is | 18 | | based upon the fact that the applicant has
previously been | 19 | | convicted of one or more criminal offenses, unless:
| 20 | | (1) there is a direct relationship between one or more | 21 | | of the previous
criminal offenses and the specific license | 22 | | sought; or
| 23 | | (2) the issuance of the license would
involve an | 24 | | unreasonable risk to property or to the safety or welfare | 25 | | of
specific individuals or the general public.
| 26 | | In making such a determination, the licensing agency shall |
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| 1 | | consider the
following factors:
| 2 | | (1) the public policy of this State, as expressed in | 3 | | Article 5.5 of this
Chapter, to encourage the licensure and | 4 | | employment of persons previously
convicted of one or more | 5 | | criminal offenses;
| 6 | | (2) the specific duties and responsibilities | 7 | | necessarily related to the
license being sought;
| 8 | | (3) the bearing, if any, the criminal offenses or | 9 | | offenses for which the
person
was previously convicted will | 10 | | have on his or her fitness or ability to perform
one or
| 11 | | more such duties and responsibilities;
| 12 | | (4) the time which has elapsed since the occurrence of | 13 | | the criminal
offense or offenses;
| 14 | | (5) the age of the person at the time of occurrence of | 15 | | the criminal
offense or offenses;
| 16 | | (6) the seriousness of the offense or offenses;
| 17 | | (7) any information produced by the person or produced | 18 | | on his or her
behalf in
regard to his or her rehabilitation | 19 | | and good conduct, including a certificate
of relief from | 20 | | disabilities issued to the applicant, which certificate | 21 | | shall
create a presumption of rehabilitation in regard to | 22 | | the offense or offenses
specified in the certificate; and
| 23 | | (8) the legitimate interest of the licensing agency in | 24 | | protecting
property, and
the safety and welfare of specific | 25 | | individuals or the general public.
| 26 | | (i) A certificate of relief from disabilities shall be |
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| 1 | | issued only
for a
license or certification issued under the | 2 | | following Acts:
| 3 | | (1) the Animal Welfare Act; except that a certificate | 4 | | of relief from
disabilities may not be granted
to provide | 5 | | for
the
issuance or restoration of a license under the | 6 | | Animal Welfare Act for any
person convicted of violating | 7 | | Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | 8 | | Care for Animals Act or Section 26-5 or 48-1 of the | 9 | | Criminal Code of
1961 or the Criminal Code of 2012;
| 10 | | (2) the Illinois Athletic Trainers Practice Act;
| 11 | | (3) the Barber, Cosmetology, Esthetics, Hair Braiding, | 12 | | and Nail Technology Act of 1985;
| 13 | | (4) the Boiler and Pressure Vessel Repairer Regulation | 14 | | Act;
| 15 | | (5) the Boxing and Full-contact Martial Arts Act;
| 16 | | (6) the Illinois Certified Shorthand Reporters Act of | 17 | | 1984;
| 18 | | (7) the Illinois Farm Labor Contractor Certification | 19 | | Act;
| 20 | | (8) the Interior Design Title Act;
| 21 | | (9) the Illinois Professional Land Surveyor Act of | 22 | | 1989;
| 23 | | (10) the Illinois Landscape Architecture Act of 1989;
| 24 | | (11) the Marriage and Family Therapy Licensing Act;
| 25 | | (12) the Private Employment Agency Act;
| 26 | | (13) the Professional Counselor and Clinical |
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| 1 | | Professional Counselor
Licensing and Practice
Act;
| 2 | | (14) the Real Estate License Act of 2000;
| 3 | | (15) the Illinois Roofing Industry Licensing Act; | 4 | | (16) the Professional Engineering Practice Act of | 5 | | 1989; | 6 | | (17) the Water Well and Pump Installation Contractor's | 7 | | License Act; | 8 | | (18) the Electrologist Licensing Act;
| 9 | | (19) the Auction License Act; | 10 | | (20) the Illinois Architecture Practice Act of 1989; | 11 | | (21) the Dietitian Nutritionist Practice Act; | 12 | | (22) the Environmental Health Practitioner Licensing | 13 | | Act; | 14 | | (23) the Funeral Directors and Embalmers Licensing | 15 | | Code; | 16 | | (24) (blank) the Land Sales Registration Act of 1999 ; | 17 | | (25) the Professional Geologist Licensing Act; | 18 | | (26) the Illinois Public Accounting Act; and | 19 | | (27) the Structural Engineering Practice Act of 1989.
| 20 | | (Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; | 21 | | 97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. | 22 | | 1-25-13; 98-756, eff. 7-16-14.)
| 23 | | (765 ILCS 86/Act rep.)
| 24 | | Section 95. The Land Sales Registration Act of 1999 is | 25 | | repealed.
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| 1 | | (765 ILCS 101/Act rep.)
| 2 | | Section 100. The Real Estate Timeshare Act of 1999 is | 3 | | repealed. | 4 | | Section 105. The Ticket Sale and Resale Act is amended by | 5 | | changing Section 1.5 as follows:
| 6 | | (815 ILCS 414/1.5) (was 720 ILCS 375/1.5)
| 7 | | Sec. 1.5. Sale of tickets at more than face value | 8 | | prohibited; exceptions.
| 9 | | (a) Except as otherwise provided in subsections (b), (c), | 10 | | (d), (e), and (f-5) of this Section and in Section 4, it is | 11 | | unlawful for any person,
persons, firm or corporation to sell | 12 | | tickets for baseball games, football
games, hockey games, | 13 | | theatre entertainments, or any other amusement for a
price more | 14 | | than the price printed upon the face of said ticket, and the
| 15 | | price of said ticket shall correspond with the same price shown | 16 | | at the box
office or the office of original distribution.
| 17 | | (b) This Act does not apply to the resale of tickets of | 18 | | admission to a
sporting event, theater, musical performance, or | 19 | | place of public
entertainment or amusement of any kind for a | 20 | | price in excess of the printed
box office ticket price by a | 21 | | ticket broker who meets all of the following
requirements:
| 22 | | (1) The ticket broker is duly registered with the | 23 | | Office of the
Secretary of State on a registration form |
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| 1 | | provided by that Office. The
registration must contain a | 2 | | certification that the ticket broker:
| 3 | | (A) engages in the resale of tickets on a regular
| 4 | | and ongoing basis from one or more permanent or fixed | 5 | | locations located
within
this State;
| 6 | | (B) maintains as the principal business activity | 7 | | at those locations
the resale of tickets;
| 8 | | (C) displays at those locations the ticket | 9 | | broker's registration;
| 10 | | (D) maintains at those locations a listing of the | 11 | | names and addresses of
all persons employed by the | 12 | | ticket broker;
| 13 | | (E) is in compliance with all applicable federal, | 14 | | State, and local laws
relating to its ticket selling | 15 | | activities, and that neither the ticket broker
nor any | 16 | | of its employees within the preceding 12 months have | 17 | | been convicted of
a violation of this Act; and
| 18 | | (F) meets the following requirements:
| 19 | | (i) the ticket broker maintains a toll free | 20 | | number specifically dedicated for Illinois | 21 | | consumer complaints and
inquiries concerning | 22 | | ticket sales;
| 23 | | (ii) the ticket broker has adopted a code that | 24 | | advocates consumer protection that
includes, at a | 25 | | minimum:
| 26 | | (a-1) consumer protection guidelines;
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| 1 | | (b-1) a standard refund policy. In the | 2 | | event a refund is due, the ticket broker shall | 3 | | provide that refund without charge other than | 4 | | for reasonable delivery fees for the return of | 5 | | the tickets; and
| 6 | | (c-1) standards of professional conduct;
| 7 | | (iii) the ticket broker has adopted a | 8 | | procedure for the binding resolution of consumer
| 9 | | complaints by an independent, disinterested third | 10 | | party and thereby submits to the jurisdiction of | 11 | | the State of Illinois; and
| 12 | | (iv) the ticket broker has established and | 13 | | maintains a consumer protection rebate fund
in | 14 | | Illinois in an amount in excess of $100,000, which | 15 | | must be cash
available for immediate disbursement | 16 | | for satisfaction of valid consumer
complaints.
| 17 | | Alternatively, the ticket broker may fulfill the | 18 | | requirements of
subparagraph (F) of this paragraph (1) if | 19 | | the ticket broker certifies that he
or she belongs to a | 20 | | professional association
organized under the laws of this | 21 | | State, or organized under the laws of
any
other state and | 22 | | authorized to conduct business in Illinois, that has been | 23 | | in
existence for at least 3 years prior to the date of that | 24 | | broker's registration
with the Office of the Secretary of | 25 | | State, and is specifically
dedicated, for and on behalf of | 26 | | its members, to provide and
maintain the consumer |
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| 1 | | protection requirements of subparagraph (F) of this | 2 | | paragraph (1) to maintain the integrity of the ticket | 3 | | brokerage industry.
| 4 | | (2) (Blank).
| 5 | | (3) The ticket broker and his employees must not engage | 6 | | in the
practice of selling, or attempting to sell, tickets | 7 | | for any event while
sitting or standing near the facility | 8 | | at which the event is to be held or
is being held unless | 9 | | the ticket broker or his or her employees are on property | 10 | | they own, lease, or have permission to occupy.
| 11 | | (4) The ticket broker must comply with all requirements | 12 | | of the
Retailers' Occupation Tax Act and collect and remit
| 13 | | all other applicable federal, State and
local taxes in | 14 | | connection with the ticket broker's ticket selling | 15 | | activities.
| 16 | | (5) Beginning January 1, 1996, no ticket broker shall | 17 | | advertise for
resale any tickets within this State unless | 18 | | the advertisement contains the
name of the ticket broker | 19 | | and the Illinois registration number issued by the
Office | 20 | | of the Secretary of State under this Section.
| 21 | | (6) Each ticket broker registered under this Act shall | 22 | | pay an annual
registration fee of $100. | 23 | | (c) This Act does not apply to the sale of tickets of | 24 | | admission to a sporting event, theater, musical performance, or | 25 | | place of public entertainment or amusement of any kind for a | 26 | | price in excess of the printed box office ticket price by a |
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| 1 | | reseller engaged in interstate or intrastate commerce on an | 2 | | Internet auction listing service duly registered with the | 3 | | Department of Financial and Professional Regulation under the | 4 | | Auction License Act and with the Office of the Secretary of | 5 | | State on a registration form provided by that Office. This | 6 | | subsection (c) applies to both sales through an online bid | 7 | | submission process and sales at a fixed price on the same | 8 | | website or interactive computer service as an Internet auction | 9 | | listing service registered with the Department of Financial and | 10 | | Professional Regulation . | 11 | | This subsection (c) applies to resales described in this | 12 | | subsection only if the operator of the Internet auction listing | 13 | | service meets the following requirements: | 14 | | (1) the operator maintains a listing of the names and | 15 | | addresses of its corporate officers; | 16 | | (2) the operator is in compliance with all applicable | 17 | | federal, State, and local laws relating to ticket selling | 18 | | activities, and the operator's officers and directors have | 19 | | not been convicted of a violation of this Act within the | 20 | | preceding 12 months;
| 21 | | (3) the operator maintains, either itself or through an | 22 | | affiliate, a toll free number dedicated for consumer | 23 | | complaints; | 24 | | (4) the operator provides consumer protections that | 25 | | include at a minimum: | 26 | | (A) consumer protection guidelines; |
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| 1 | | (B) a standard refund policy that guarantees to all | 2 | | purchasers that it will provide and in
fact provides a | 3 | | full refund of the amount paid by the purchaser | 4 | | (including, but not limited to, all fees, regardless of | 5 | | how characterized) if the following occurs: | 6 | | (i) the ticketed event is cancelled and the | 7 | | purchaser returns the tickets to the seller or | 8 | | Internet auction listing service; however, | 9 | | reasonable delivery fees need not be refunded if | 10 | | the previously disclosed guarantee specifies that | 11 | | the fees will not be refunded if the event is | 12 | | cancelled; | 13 | | (ii) the ticket received by the purchaser does | 14 | | not allow the purchaser to enter the ticketed event | 15 | | for reasons that may include, without limitation, | 16 | | that the ticket is counterfeit or that the ticket | 17 | | has been cancelled by the issuer due to | 18 | | non-payment, unless the ticket is cancelled due to | 19 | | an act or omission by such purchaser; | 20 | | (iii) the ticket fails to conform to its | 21 | | description on the Internet auction listing | 22 | | service; or | 23 | | (iv) the ticket seller willfully fails to send | 24 | | the ticket or tickets to the purchaser, or the | 25 | | ticket seller attempted to deliver the ticket or | 26 | | tickets to the purchaser in the manner required by |
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| 1 | | the Internet auction listing service and the | 2 | | purchaser failed to receive the ticket or tickets; | 3 | | and
| 4 | | (C) standards of professional conduct;
| 5 | | (5) the operator has adopted an independent and | 6 | | disinterested dispute resolution procedure that allows | 7 | | resellers or purchasers to file complaints against the | 8 | | other and have those complaints mediated or resolved by a | 9 | | third party, and requires the resellers or purchasers to | 10 | | submit to the jurisdiction of the State of Illinois for | 11 | | complaints involving a ticketed event held in Illinois; | 12 | | (6) the operator either: | 13 | | (A) complies with all applicable requirements of | 14 | | the Retailers' Occupation Tax Act and collects and | 15 | | remits all applicable federal, State, and local taxes; | 16 | | or
| 17 | | (B) publishes a written notice on the website after | 18 | | the sale of one or more tickets that automatically | 19 | | informs the ticket reseller of the ticket reseller's | 20 | | potential legal obligation to pay any applicable local | 21 | | amusement tax in connection with the reseller's sale of | 22 | | tickets, and discloses to law enforcement or other | 23 | | government tax officials, without subpoena, the name, | 24 | | city, state, telephone number, e-mail address, user ID | 25 | | history, fraud complaints, and bidding and listing | 26 | | history of any specifically identified reseller or |
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| 1 | | purchaser upon the receipt of a verified request from | 2 | | law enforcement or other government tax officials | 3 | | relating to a criminal investigation or alleged | 4 | | illegal activity; and
| 5 | | (7) the operator either: | 6 | | (A) has established and maintains a consumer | 7 | | protection rebate fund in Illinois in an amount in | 8 | | excess of $100,000, which must be cash available for | 9 | | immediate disbursement for satisfaction of valid | 10 | | consumer complaints; or | 11 | | (B) has obtained and maintains in force an errors | 12 | | and omissions insurance policy that provides at least | 13 | | $100,000 in coverage and proof that the policy has been | 14 | | filed with the Department of Financial and | 15 | | Professional Regulation .
| 16 | | (d) This Act does not apply to the resale of tickets of | 17 | | admission to a sporting event, theater, musical performance, or | 18 | | place of public entertainment or amusement of any kind for a | 19 | | price in excess of the printed box office ticket price | 20 | | conducted at an auction solely by or for a not-for-profit | 21 | | organization for charitable purposes under clause (a)(1) of | 22 | | Section 10-1 of the Auction License Act. | 23 | | (e) This Act does not apply to the resale of a ticket for | 24 | | admission to a baseball game, football game, hockey game, | 25 | | theatre entertainment, or any other amusement for a price more | 26 | | than the price printed on the face of the ticket and for more |
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| 1 | | than the price of the ticket at the box office if the resale is | 2 | | made through an Internet website whose operator meets the | 3 | | following requirements: | 4 | | (1) the operator has a business presence and physical | 5 | | street address in the State of Illinois and clearly and | 6 | | conspicuously posts that address on the website; | 7 | | (2) the operator maintains a listing of the names of | 8 | | the operator's directors and officers, and is duly | 9 | | registered with the Office of the Secretary of State on a | 10 | | registration form provided by that Office;
| 11 | | (3) the operator is in compliance with all applicable | 12 | | federal, State, and local laws relating to its ticket | 13 | | reselling activities regulated under this Act, and the | 14 | | operator's officers and directors have not been convicted | 15 | | of a violation of this Act within the preceding 12 months;
| 16 | | (4) the operator maintains a toll free number | 17 | | specifically dedicated for consumer complaints and | 18 | | inquiries regarding ticket resales made through the | 19 | | website; | 20 | | (5) the operator either: | 21 | | (A) has established and maintains a consumer | 22 | | protection rebate fund in Illinois in an amount in | 23 | | excess of $100,000, which must be cash available for | 24 | | immediate disbursement for satisfaction of valid | 25 | | consumer complaints; or | 26 | | (B) has obtained and maintains in force an errors |
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| 1 | | and omissions policy of insurance in the minimum amount | 2 | | of $100,000 for the satisfaction of valid consumer | 3 | | complaints; | 4 | | (6) the operator has adopted an independent and | 5 | | disinterested dispute resolution procedure that allows | 6 | | resellers or purchasers to file complaints against the | 7 | | other and have those complaints mediated or resolved by a | 8 | | third party, and requires the resellers or purchasers to | 9 | | submit to the jurisdiction of the State of Illinois for | 10 | | complaints involving a ticketed event held in Illinois; | 11 | | (7) the operator either: | 12 | | (A) complies with all applicable requirements of | 13 | | the Retailers' Occupation Tax Act and collects and | 14 | | remits all applicable federal, State, and local taxes; | 15 | | or | 16 | | (B) publishes a written notice on the website after | 17 | | the sale of one or more tickets that automatically | 18 | | informs the ticket reseller of the ticket reseller's | 19 | | potential legal obligation to pay any applicable local | 20 | | amusement tax in connection with the reseller's sale of | 21 | | tickets, and discloses to law enforcement or other | 22 | | government tax officials, without subpoena, the name, | 23 | | city, state, telephone number, e-mail address, user ID | 24 | | history, fraud complaints, and bidding and listing | 25 | | history of any specifically identified reseller or | 26 | | purchaser upon the receipt of a verified request from |
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| 1 | | law enforcement or other government tax officials | 2 | | relating to a criminal investigation or alleged | 3 | | illegal activity; and
| 4 | | (8) the operator guarantees to all purchasers that it | 5 | | will provide and in fact provides a full refund of the | 6 | | amount paid by the purchaser (including, but not limited | 7 | | to, all fees, regardless of how characterized) if any of | 8 | | the following occurs: | 9 | | (A) the ticketed event is cancelled and the | 10 | | purchaser returns the tickets to the website operator; | 11 | | however, reasonable delivery fees need not be refunded | 12 | | if the previously disclosed guarantee specifies that | 13 | | the fees will not be refunded if the event is | 14 | | cancelled; | 15 | | (B) the ticket received by the purchaser does not | 16 | | allow the purchaser to enter the ticketed event for | 17 | | reasons that may include, without limitation, that the | 18 | | ticket is counterfeit or that the ticket has been | 19 | | cancelled by the issuer due to non-payment, unless the | 20 | | ticket is cancelled due to an act or omission by the | 21 | | purchaser; | 22 | | (C) the ticket fails to conform to its description | 23 | | on the website; or | 24 | | (D) the ticket seller willfully fails to send the | 25 | | ticket or tickets to the purchaser, or the ticket | 26 | | seller attempted to deliver the ticket or tickets to |
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| 1 | | the purchaser in the manner required by the website | 2 | | operator and the purchaser failed to receive the ticket | 3 | | or tickets.
| 4 | | Nothing in this subsection (e) shall be deemed to imply any | 5 | | limitation on ticket sales made in accordance with subsections | 6 | | (b), (c), and (d) of this Section or any limitation on sales | 7 | | made in accordance with Section 4.
| 8 | | (f) The provisions of subsections (b), (c), (d), and (e) of
| 9 | | this Section apply only to the resale of a ticket after the | 10 | | initial sale of that ticket.
No reseller of a ticket may refuse | 11 | | to sell tickets to another ticket reseller solely on the basis | 12 | | that the purchaser is a ticket reseller or ticket broker | 13 | | authorized to resell tickets pursuant to this Act.
| 14 | | (f-5) In addition to the requirements imposed under | 15 | | subsections (b), (c), (d), (e), and (f) of this Section, ticket | 16 | | brokers and resellers must comply with the requirements of this | 17 | | subsection. Before accepting any payment from a purchaser, a | 18 | | ticket broker or reseller must disclose to the purchaser in a | 19 | | clear, conspicuous, and readily noticeable manner the | 20 | | following information: | 21 | | (1) the registered name and city of the event venue; | 22 | | (2) that the ticket broker or reseller is not the event | 23 | | venue box office or its licensed ticket agent, but is, | 24 | | instead, a ticket broker or reseller and that lost or | 25 | | stolen tickets may be reissued only by ticket brokers or | 26 | | resellers; |
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| 1 | | (3) whether it is registered under this Act; and | 2 | | (4) its refund policy, name, and contact information. | 3 | | Before selling and accepting payment for a ticket, a ticket | 4 | | broker or reseller must require the purchaser to acknowledge by | 5 | | an affirmative act the disclosures required under this | 6 | | subsection. The disclosures required by this subsection must be | 7 | | made in a clear and conspicuous manner, appear together, and be | 8 | | preceded by the heading "IMPORTANT NOTICE" which must be in | 9 | | bold face font that is larger than the font size of the | 10 | | required disclosures. | 11 | | Ticket brokers and resellers must guarantee a full refund | 12 | | of the amount paid by the purchaser, including handling and | 13 | | delivery fees, if any of the following occurs: | 14 | | (1) the ticket received by the purchaser does not grant | 15 | | the purchaser admission to the event described on the | 16 | | ticket, unless it is due to an act or omission by the | 17 | | purchaser; | 18 | | (2) the ticket fails to conform substantially to its | 19 | | description as advertised; or | 20 | | (3) the event for which the ticket has been resold is | 21 | | cancelled and not rescheduled. | 22 | | This subsection (f-5) does not apply to an Internet auction | 23 | | listing service registered with the Department of Financial and | 24 | | Professional Regulation as required under the Auction License | 25 | | Act . | 26 | | (g) The provisions of Public Act 89-406 are severable under |
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| 1 | | Section
1.31 of the Statute on Statutes. | 2 | | (h) The provisions of this amendatory Act of the 94th | 3 | | General Assembly are severable under Section
1.31 of the | 4 | | Statute on Statutes.
| 5 | | (Source: P.A. 99-431, eff. 1-1-16 .)
| 6 | | Section 999. Effective date. This Act takes effect upon | 7 | | becoming law.
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