SB1821 EngrossedLRB100 09678 SMS 19847 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Regulatory Sunset Act is amended by changing
5Sections 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 Acts repealed on January 1, 2020.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
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary 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;
2296-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
238-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09;



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196-1000, eff. 7-2-10.)
2    (5 ILCS 80/4.32)
3    Sec. 4.32. Acts repealed on January 1, 2022. The following
4Acts are repealed on January 1, 2022: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
15(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;
1697-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
178-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598,
18eff. 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 The Illinois Athlete Agents Act is repealed.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
22Sections 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2    (Section scheduled to be repealed on January 1, 2020)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
5communication that contains a promotion, inducement, or offer
6to conduct an auction or offer to provide an auction service,
7including but not limited to brochures, pamphlets, radio and
8television scripts, telephone and direct mail solicitations,
9electronic media, and other means of promotion.
10    "Advisory Board" or "Board" means the Auctioneer Advisory
12    "Associate auctioneer" means a person who conducts an
13auction, but who is under the direct supervision of, and is
14sponsored by, a licensed auctioneer or auction firm.
15    "Auction" means the sale or lease of property, real or
16personal, by means of exchanges between an auctioneer and
17prospective purchasers or lessees, which consists of a series
18of invitations for offers made by the auctioneer and offers by
19prospective purchasers or lessees for the purpose of obtaining
20an acceptable offer for the sale or lease of the property,
21including the sale or lease of property via mail,
22telecommunications, or the Internet.
23    "Auction contract" means a written agreement between an
24auctioneer or auction firm and a seller or sellers.
25    "Auction firm" means any corporation, partnership, or
26limited liability company that acts as an auctioneer and



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1provides an auction service.
2    "Auction school" means any educational institution, public
3or private, which offers a curriculum of auctioneer education
4and training approved by the Department.
5    "Auction service" means the service of arranging,
6managing, advertising, or conducting auctions.
7    "Auctioneer" means a person or entity who, for another, for
8a fee, compensation, commission, or any other valuable
9consideration at auction or with the intention or expectation
10of receiving valuable consideration by the means of or process
11of an auction or sale at auction or providing an auction
12service, offers, negotiates, or attempts to negotiate an
13auction contract, sale, purchase, or exchange of goods,
14chattels, merchandise, personal property, real property, or
15any commodity that may be lawfully kept or offered for sale by
16or at auction.
17    "Address of Record" means the designated address recorded
18by the Department in the applicant's or licensee's application
19file or license file maintained by the Department. It is the
20duty of the applicant or licensee to inform the Department of
21any change of address, and such changes must be made either
22through the Department's website or by directly contacting the
24    "Buyer premium" means any fee or compensation paid by the
25successful purchaser of property sold or leased at or by
26auction, to the auctioneer, auction firms, seller, lessor, or



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1other party to the transaction, other than the purchase price.
2    "Department" means the Department of Financial and
3Professional Regulation.
4    "Goods" means chattels, movable goods, merchandise, or
5personal property or commodities of any form or type that may
6be lawfully kept or offered for sale.
7    "Interactive computer service" means any information
8service, system, or access software provider that provides or
9enables computer access by multiple users to a computer server,
10including specifically a service or system that provides access
11to the Internet.
12    "Internet auction listing service" means a website on the
13Internet, or other interactive computer service, that is
14designed to allow or advertise as a means of allowing users to
15offer personal property or services for sale or lease to a
16prospective buyer or lessee through an on-line bid submission
17process using that website or interactive computer service and
18that does not examine, set the price, prepare the description
19of the personal property or service to be offered, or in any
20way 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
23auctioneer who manages and supervises licensees sponsored by an
24auction firm or auctioneer.
25    "Person" means an individual, association, partnership,
26corporation, or limited liability company or the officers,



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1directors, or employees of the same.
2    "Pre-renewal period" means the 24 months prior to the
3expiration date of a license issued under this Act.
4    "Real estate" means real estate as defined in Section 1-10
5of the Real Estate License Act of 2000 or its successor Acts.
6    "Secretary" means the Secretary of the Department of
7Financial and Professional Regulation or his or her designee.
8    "Sponsoring auctioneer" means the auctioneer or auction
9firm who has issued a sponsor card to a licensed auctioneer.
10    "Sponsor card" means the temporary permit issued by the
11sponsoring auctioneer certifying that the licensee named
12thereon is employed by or associated with the sponsoring
13auctioneer and the sponsoring auctioneer shall be responsible
14for 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
20liability company, partnership, or other entity to conduct an
21auction, provide an auction service, hold himself or herself
22out as an auctioneer, or advertise his or her services as an
23auctioneer in the State of Illinois without a license issued by
24the 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
20new or used vehicle dealer or a vehicle auctioneer licensed by
21the Secretary of State of Illinois, or to any employee of the
22licensee, who is a resident of the State of Illinois, while the
23employee is acting in the regular scope of his or her
24employment for the licensee while conducting an auction that is
25not open to the public, provided that only new or used vehicle
26dealers, rebuilders, automotive parts recyclers, or scrap



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1processors licensed by the Secretary of State or licensed by
2another state or jurisdiction may buy property at the auction,
3or to sales by or through the licensee. Out-of-state salvage
4vehicle buyers licensed in another state or jurisdiction may
5also buy property at the auction.
6    (c) Nothing in this Act shall be construed to prohibit a
7person under the age of 18 from selling property under $250 in
8value while under the direct supervision of a licensed
10    (d) Nothing in this Act, except Section 10-27, shall be
11construed to apply to a person while providing an Internet
12auction 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,
14eff. 8-25-09.)
15    (225 ILCS 407/10-27 rep.)
16    Section 20. The Auction License Act is amended by repealing
17Section 10-27.
18    (225 ILCS 430/Act rep.)
19    Section 25. The Detection of Deception Examiners Act is
21    Section 30. The Real Estate License Act of 2000 is amended
22by 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
4otherwise requires:
5    "Act" means the Real Estate License Act of 2000.
6    "Address of record" means the designated address recorded
7by the Department in the applicant's or licensee's application
8file or license file as maintained by the Department's
9licensure maintenance unit. It is the duty of the applicant or
10licensee to inform the Department of any change of address, and
11those changes must be made either through the Department's
12website or by contacting the Department.
13    "Advisory Council" means the Real Estate Education
14Advisory Council created under Section 30-10 of this Act.
15    "Agency" means a relationship in which a broker or
16licensee, whether directly or through an affiliated licensee,
17represents a consumer by the consumer's consent, whether
18express or implied, in a real property transaction.
19    "Applicant" means any person, as defined in this Section,
20who applies to the Department for a valid license as a managing
21broker, broker, or leasing agent.
22    "Blind advertisement" means any real estate advertisement
23that does not include the sponsoring broker's business name and
24that is used by any licensee regarding the sale or lease of
25real estate, including his or her own, licensed activities, or
26the hiring of any licensee under this Act. The broker's



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1business name in the case of a franchise shall include the
2franchise affiliation as well as the name of the individual
4    "Board" means the Real Estate Administration and
5Disciplinary Board of the Department as created by Section
625-10 of this Act.
7    "Branch office" means a sponsoring broker's office other
8than the sponsoring broker's principal office.
9    "Broker" means an individual, partnership, limited
10liability company, corporation, or registered limited
11liability partnership other than a leasing agent who, whether
12in person or through any media or technology, for another and
13for compensation, or with the intention or expectation of
14receiving 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
20between a sponsoring broker and a consumer for licensed
21activities to be provided to a consumer in return for
22compensation or the right to receive compensation from another.
23Brokerage agreements may constitute either a bilateral or a
24unilateral agreement between the broker and the broker's client
25depending upon the content of the brokerage agreement. All
26exclusive brokerage agreements shall be in writing.



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1    "Broker price opinion" means an estimate or analysis of the
2probable selling price of a particular interest in real estate,
3which may provide a varying level of detail about the
4property's condition, market, and neighborhood and information
5on comparable sales. The activities of a real estate broker or
6managing broker engaging in the ordinary course of business as
7a broker, as defined in this Section, shall not be considered a
8broker price opinion if no compensation is paid to the broker
9or managing broker, other than compensation based upon the sale
10or rental of real estate.
11    "Client" means a person who is being represented by a
13    "Comparative market analysis" is an analysis or opinion
14regarding pricing, marketing, or financial aspects relating to
15a specified interest or interests in real estate that may be
16based upon an analysis of comparative market data, the
17expertise of the real estate broker or managing broker, and
18such other factors as the broker or managing broker may deem
19appropriate in developing or preparing such analysis or
20opinion. The activities of a real estate broker or managing
21broker engaging in the ordinary course of business as a broker,
22as defined in this Section, shall not be considered a
23comparative market analysis if no compensation is paid to the
24broker or managing broker, other than compensation based upon
25the sale or rental of real estate.
26    "Compensation" means the valuable consideration given by



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1one person or entity to another person or entity in exchange
2for the performance of some activity or service. Compensation
3shall include the transfer of valuable consideration,
4including 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
21licensee from a client during the term of a brokerage agreement
22that (i) was made confidential by the written request or
23written instruction of the client, (ii) deals with the
24negotiating position of the client, or (iii) is information the
25disclosure of which could materially harm the negotiating
26position 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
7include material information about the physical condition of
8the property.
9    "Consumer" means a person or entity seeking or receiving
10licensed activities.
11    "Continuing education school" means any person licensed by
12the Department as a school for continuing education in
13accordance with Section 30-15 of this Act.
14    "Coordinator" means the Coordinator of Real Estate created
15in Section 25-15 of this Act.
16    "Credit hour" means 50 minutes of classroom instruction in
17course work that meets the requirements set forth in rules
18adopted by the Department.
19    "Customer" means a consumer who is not being represented by
20the licensee but for whom the licensee is performing
21ministerial acts.
22    "Department" means the Department of Financial and
23Professional Regulation.
24    "Designated agency" means a contractual relationship
25between a sponsoring broker and a client under Section 15-50 of
26this Act in which one or more licensees associated with or



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1employed by the broker are designated as agent of the client.
2    "Designated agent" means a sponsored licensee named by a
3sponsoring broker as the legal agent of a client, as provided
4for in Section 15-50 of this Act.
5    "Dual agency" means an agency relationship in which a
6licensee is representing both buyer and seller or both landlord
7and tenant in the same transaction. When the agency
8relationship is a designated agency, the question of whether
9there is a dual agency shall be determined by the agency
10relationships of the designated agent of the parties and not of
11the sponsoring broker.
12    "Employee" or other derivative of the word "employee", when
13used to refer to, describe, or delineate the relationship
14between a sponsoring broker and a managing broker, broker, or a
15leasing agent, shall be construed to include an independent
16contractor relationship, provided that a written agreement
17exists that clearly establishes and states the relationship.
18All responsibilities of a broker shall remain.
19    "Escrow moneys" means all moneys, promissory notes or any
20other type or manner of legal tender or financial consideration
21deposited with any person for the benefit of the parties to the
22transaction. A transaction exists once an agreement has been
23reached and an accepted real estate contract signed or lease
24agreed to by the parties. Escrow moneys includes without
25limitation earnest moneys and security deposits, except those
26security deposits in which the person holding the security



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1deposit is also the sole owner of the property being leased and
2for which the security deposit is being held.
3    "Electronic means of proctoring" means a methodology
4providing assurance that the person taking a test and
5completing the answers to questions is the person seeking
6licensure or credit for continuing education and is doing so
7without the aid of a third party or other device.
8    "Exclusive brokerage agreement" means a written brokerage
9agreement that provides that the sponsoring broker has the sole
10right, through one or more sponsored licensees, to act as the
11exclusive designated agent or representative of the client and
12that meets the requirements of Section 15-75 of this Act.
13    "Inoperative" means a status of licensure where the
14licensee holds a current license under this Act, but the
15licensee is prohibited from engaging in licensed activities
16because the licensee is unsponsored or the license of the
17sponsoring broker with whom the licensee is associated or by
18whom he or she is employed is currently expired, revoked,
19suspended, or otherwise rendered invalid under this Act.
20    "Interactive delivery method" means delivery of a course by
21an instructor through a medium allowing for 2-way communication
22between the instructor and a student in which either can
23initiate or respond to questions.
24    "Leads" means the name or names of a potential buyer,
25seller, lessor, lessee, or client of a licensee.
26    "Leasing Agent" means a person who is employed by a broker



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1to engage in licensed activities limited to leasing residential
2real estate who has obtained a license as provided for in
3Section 5-5 of this Act.
4    "License" means the document issued by the Department
5certifying that the person named thereon has fulfilled all
6requirements prerequisite to licensure under this Act.
7    "Licensed activities" means those activities listed in the
8definition of "broker" under this Section.
9    "Licensee" means any person, as defined in this Section,
10who holds a valid unexpired license as a managing broker,
11broker, or leasing agent.
12    "Listing presentation" means a communication between a
13managing broker or broker and a consumer in which the licensee
14is attempting to secure a brokerage agreement with the consumer
15to market the consumer's real estate for sale or lease.
16    "Managing broker" means a broker who has supervisory
17responsibilities for licensees in one or, in the case of a
18multi-office company, more than one office and who has been
19appointed as such by the sponsoring broker.
20    "Medium of advertising" means any method of communication
21intended to influence the general public to use or purchase a
22particular good or service or real estate.
23    "Ministerial acts" means those acts that a licensee may
24perform for a consumer that are informative or clerical in
25nature and do not rise to the level of active representation on
26behalf of a consumer. Examples of these acts include without



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1limitation (i) responding to phone inquiries by consumers as to
2the availability and pricing of brokerage services, (ii)
3responding to phone inquiries from a consumer concerning the
4price or location of property, (iii) attending an open house
5and responding to questions about the property from a consumer,
6(iv) setting an appointment to view property, (v) responding to
7questions of consumers walking into a licensee's office
8concerning brokerage services offered or particular
9properties, (vi) accompanying an appraiser, inspector,
10contractor, or similar third party on a visit to a property,
11(vii) describing a property or the property's condition in
12response to a consumer's inquiry, (viii) completing business or
13factual information for a consumer on an offer or contract to
14purchase on behalf of a client, (ix) showing a client through a
15property 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
18general public is invited to transact business and where
19records may be maintained and licenses displayed, whether or
20not it is the broker's principal place of business.
21    "Person" means and includes individuals, entities,
22corporations, limited liability companies, registered limited
23liability partnerships, and partnerships, foreign or domestic,
24except that when the context otherwise requires, the term may
25refer to a single individual or other described entity.
26    "Personal assistant" means a licensed or unlicensed person



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1who has been hired for the purpose of aiding or assisting a
2sponsored licensee in the performance of the sponsored
3licensee's job.
4    "Pocket card" means the card issued by the Department to
5signify that the person named on the card is currently licensed
6under this Act.
7    "Pre-license school" means a school licensed by the
8Department offering courses in subjects related to real estate
9transactions, including the subjects upon which an applicant is
10examined in determining fitness to receive a license.
11    "Pre-renewal period" means the period between the date of
12issue of a currently valid license and the license's expiration
14    "Proctor" means any person, including, but not limited to,
15an instructor, who has a written agreement to administer
16examinations fairly and impartially with a licensed
17pre-license school or a licensed continuing education school.
18    "Real estate" means and includes leaseholds as well as any
19other interest or estate in land, whether corporeal,
20incorporeal, freehold, or non-freehold, including timeshare
21interests, and whether the real estate is situated in this
22State or elsewhere. "Real estate" does not include property
23sold, exchanged, or leased as a timeshare or similar vacation
24item or interest, vacation club membership, or other activity
25formerly regulated under the Real Estate Timeshare Act of 1999



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1    "Regular employee" means a person working an average of 20
2hours per week for a person or entity who would be considered
3as an employee under the Internal Revenue Service eleven main
4tests in three categories being behavioral control, financial
5control and the type of relationship of the parties, formerly
6the twenty factor test.
7    "Secretary" means the Secretary of the Department of
8Financial and Professional Regulation, or a person authorized
9by the Secretary to act in the Secretary's stead.
10    "Sponsoring broker" means the broker who has issued a
11sponsor card to a licensed managing broker, broker, or a
12leasing agent.
13    "Sponsor card" means the temporary permit issued by the
14sponsoring broker certifying that the managing broker, broker,
15or leasing agent named thereon is employed by or associated by
16written agreement with the sponsoring broker, as provided for
17in Section 5-40 of this Act.
18(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15;
1999-227, 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
23leasing agent license requirement. The requirement for holding
24a 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



SB1821 Engrossed- 24 -LRB100 09678 SMS 19847 b

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,
16may place on probation, suspend, or revoke any license,
17reprimand, or take any other disciplinary or non-disciplinary
18action as the Department may deem proper and impose a fine not
19to exceed $25,000 upon any licensee or applicant under this Act
20or any person who holds himself or herself out as an applicant
21or licensee or against a licensee in handling his or her own
22property, whether held by deed, option, or otherwise, for any
23one 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



SB1821 Engrossed- 26 -LRB100 09678 SMS 19847 b

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



SB1821 Engrossed- 31 -LRB100 09678 SMS 19847 b

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



SB1821 Engrossed- 32 -LRB100 09678 SMS 19847 b

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



SB1821 Engrossed- 33 -LRB100 09678 SMS 19847 b

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



SB1821 Engrossed- 35 -LRB100 09678 SMS 19847 b

1    Act.
2    (b) The Department may refuse to issue or renew or may
3suspend the license of any person who fails to file a return,
4pay the tax, penalty or interest shown in a filed return, or
5pay any final assessment of tax, penalty, or interest, as
6required by any tax Act administered by the Department of
7Revenue, until such time as the requirements of that tax Act
8are satisfied in accordance with subsection (g) of Section
92105-15 of the Civil Administrative Code of Illinois.
10    (c) The Department shall deny a license or renewal
11authorized by this Act to a person who has defaulted on an
12educational loan or scholarship provided or guaranteed by the
13Illinois Student Assistance Commission or any governmental
14agency of this State in accordance with item (5) of subsection
15(a) of Section 2105-15 of the Civil Administrative Code of
17    (d) In cases where the Department of Healthcare and Family
18Services (formerly Department of Public Aid) has previously
19determined that a licensee or a potential licensee is more than
2030 days delinquent in the payment of child support and has
21subsequently certified the delinquency to the Department may
22refuse to issue or renew or may revoke or suspend that person's
23license or may take other disciplinary action against that
24person based solely upon the certification of delinquency made
25by the Department of Healthcare and Family Services in
26accordance with item (5) of subsection (a) of Section 2105-15



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1of the Civil Administrative Code of Illinois.
2    (e) In enforcing this Section, the Department or Board upon
3a showing of a possible violation may compel an individual
4licensed to practice under this Act, or who has applied for
5licensure under this Act, to submit to a mental or physical
6examination, or both, as required by and at the expense of the
7Department. The Department or Board may order the examining
8physician to present testimony concerning the mental or
9physical examination of the licensee or applicant. No
10information shall be excluded by reason of any common law or
11statutory privilege relating to communications between the
12licensee or applicant and the examining physician. The
13examining physicians shall be specifically designated by the
14Board or Department. The individual to be examined may have, at
15his or her own expense, another physician of his or her choice
16present during all aspects of this examination. Failure of an
17individual to submit to a mental or physical examination, when
18directed, shall be grounds for suspension of his or her license
19until the individual submits to the examination if the
20Department finds, after notice and hearing, that the refusal to
21submit to the examination was without reasonable cause.
22    If the Department or Board finds an individual unable to
23practice because of the reasons set forth in this Section, the
24Department or Board may require that individual to submit to
25care, counseling, or treatment by physicians approved or
26designated by the Department or Board, as a condition, term, or



SB1821 Engrossed- 37 -LRB100 09678 SMS 19847 b

1restriction for continued, reinstated, or renewed licensure to
2practice; or, in lieu of care, counseling, or treatment, the
3Department may file, or the Board may recommend to the
4Department to file, a complaint to immediately suspend, revoke,
5or otherwise discipline the license of the individual. An
6individual whose license was granted, continued, reinstated,
7renewed, disciplined or supervised subject to such terms,
8conditions, or restrictions, and who fails to comply with such
9terms, conditions, or restrictions, shall be referred to the
10Secretary for a determination as to whether the individual
11shall have his or her license suspended immediately, pending a
12hearing by the Department.
13    In instances in which the Secretary immediately suspends a
14person's license under this Section, a hearing on that person's
15license must be convened by the Department within 30 days after
16the suspension and completed without appreciable delay. The
17Department and Board shall have the authority to review the
18subject individual's record of treatment and counseling
19regarding the impairment to the extent permitted by applicable
20federal statutes and regulations safeguarding the
21confidentiality of medical records.
22    An individual licensed under this Act and affected under
23this Section shall be afforded an opportunity to demonstrate to
24the Department or Board that he or she can resume practice in
25compliance with acceptable and prevailing standards under the
26provisions of his or her license.



SB1821 Engrossed- 38 -LRB100 09678 SMS 19847 b

1(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;
299-227, 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
6Department shall maintain a Real Estate Recovery Fund from
7which any person aggrieved by an act, representation,
8transaction, or conduct of a licensee or unlicensed employee of
9a licensee that is in violation of this Act or the rules
10promulgated pursuant thereto, constitutes embezzlement of
11money or property, or results in money or property being
12unlawfully obtained from any person by false pretenses,
13artifice, trickery, or forgery or by reason of any fraud,
14misrepresentation, discrimination, or deceit by or on the part
15of any such licensee or the unlicensed employee of a licensee
16and that results in a loss of actual cash money, as opposed to
17losses in market value, may recover. The aggrieved person may
18recover, by a post-judgment order of the circuit court of the
19county where the violation occurred in a proceeding described
20in Section 20-90 of this Act, an amount of not more than
21$25,000 from the Fund for damages sustained by the act,
22representation, transaction, or conduct, together with costs
23of suit and attorney's fees incurred in connection therewith of
24not to exceed 15% of the amount of the recovery ordered paid
25from the Fund. However, no person may recover from the Fund



SB1821 Engrossed- 39 -LRB100 09678 SMS 19847 b

1unless the court finds that the person suffered a loss
2resulting from intentional misconduct. The post-judgment order
3shall not include interest on the judgment. The maximum
4liability against the Fund arising out of any one act shall be
5as provided in this Section, and the post-judgment order shall
6spread the award equitably among all co-owners or otherwise
7aggrieved persons, if any. The maximum liability against the
8Fund arising out of the activities of any one licensee or one
9unlicensed employee of a licensee, since January 1, 1974, shall
10be $100,000. Nothing in this Section shall be construed to
11authorize recovery from the Fund unless the loss of the
12aggrieved person results from an act or omission of a licensee
13under this Act who was at the time of the act or omission
14acting in such capacity or was apparently acting in such
15capacity or their unlicensed employee and unless the aggrieved
16person has obtained a valid judgment and post-judgment order of
17the court as provided for in Section 20-90 of this Act. No
18person aggrieved by an act, representation, or transaction that
19is in violation of the Illinois Real Estate Time-Share Act or
20the Land Sales Registration Act of 1989 may recover from the
22(Source: P.A. 99-227, eff. 8-3-15.)
23    Section 45. The Unified Code of Corrections is amended by
24changing Section 5-5-5 as follows:



SB1821 Engrossed- 40 -LRB100 09678 SMS 19847 b

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
4the defendant of any civil rights, except under this Section
5and Sections 29-6 and 29-10 of The Election Code, as now or
6hereafter amended.
7    (b) A person convicted of a felony shall be ineligible to
8hold an office created by the Constitution of this State until
9the completion of his sentence.
10    (c) A person sentenced to imprisonment shall lose his right
11to vote until released from imprisonment.
12    (d) On completion of sentence of imprisonment or upon
13discharge from probation, conditional discharge or periodic
14imprisonment, or at any time thereafter, all license rights and
15privileges granted under the authority of this State which have
16been revoked or suspended because of conviction of an offense
17shall be restored unless the authority having jurisdiction of
18such license rights finds after investigation and hearing that
19restoration is not in the public interest. This paragraph (d)
20shall not apply to the suspension or revocation of a license to
21operate a motor vehicle under the Illinois Vehicle Code.
22    (e) Upon a person's discharge from incarceration or parole,
23or upon a person's discharge from probation or at any time
24thereafter, the committing court may enter an order certifying
25that the sentence has been satisfactorily completed when the
26court believes it would assist in the rehabilitation of the



SB1821 Engrossed- 41 -LRB100 09678 SMS 19847 b

1person and be consistent with the public welfare. Such order
2may be entered upon the motion of the defendant or the State or
3upon the court's own motion.
4    (f) Upon entry of the order, the court shall issue to the
5person in whose favor the order has been entered a certificate
6stating that his behavior after conviction has warranted the
7issuance of the order.
8    (g) This Section shall not affect the right of a defendant
9to collaterally attack his conviction or to rely on it in bar
10of 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
13shall be denied by reason of an eligible offender who has
14obtained a certificate of relief from disabilities, as defined
15in Article 5.5 of this Chapter, having been previously
16convicted of one or more criminal offenses, or by reason of a
17finding of lack of "good moral character" when the finding is
18based upon the fact that the applicant has previously been
19convicted 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



SB1821 Engrossed- 42 -LRB100 09678 SMS 19847 b

1consider 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



SB1821 Engrossed- 43 -LRB100 09678 SMS 19847 b

1issued only for a license or certification issued under the
2following 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



SB1821 Engrossed- 44 -LRB100 09678 SMS 19847 b

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;
2197-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
221-25-13; 98-756, eff. 7-16-14.)
23    (765 ILCS 86/Act rep.)
24    Section 95. The Land Sales Registration Act of 1999 is



SB1821 Engrossed- 45 -LRB100 09678 SMS 19847 b

1    (765 ILCS 101/Act rep.)
2    Section 100. The Real Estate Timeshare Act of 1999 is
4    Section 105. The Ticket Sale and Resale Act is amended by
5changing 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
8prohibited; 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
11unlawful for any person, persons, firm or corporation to sell
12tickets for baseball games, football games, hockey games,
13theatre entertainments, or any other amusement for a price more
14than the price printed upon the face of said ticket, and the
15price of said ticket shall correspond with the same price shown
16at the box office or the office of original distribution.
17    (b) This Act does not apply to the resale of tickets of
18admission to a sporting event, theater, musical performance, or
19place of public entertainment or amusement of any kind for a
20price in excess of the printed box office ticket price by a
21ticket 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



SB1821 Engrossed- 46 -LRB100 09678 SMS 19847 b

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



SB1821 Engrossed- 48 -LRB100 09678 SMS 19847 b

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
24admission to a sporting event, theater, musical performance, or
25place of public entertainment or amusement of any kind for a
26price in excess of the printed box office ticket price by a



SB1821 Engrossed- 49 -LRB100 09678 SMS 19847 b

1reseller engaged in interstate or intrastate commerce on an
2Internet auction listing service duly registered with the
3Department of Financial and Professional Regulation under the
4Auction License Act and with the Office of the Secretary of
5State on a registration form provided by that Office. This
6subsection (c) applies to both sales through an online bid
7submission process and sales at a fixed price on the same
8website or interactive computer service as an Internet auction
9listing service registered with the Department of Financial and
10Professional Regulation.
11    This subsection (c) applies to resales described in this
12subsection only if the operator of the Internet auction listing
13service 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;



SB1821 Engrossed- 50 -LRB100 09678 SMS 19847 b

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



SB1821 Engrossed- 51 -LRB100 09678 SMS 19847 b

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
17admission to a sporting event, theater, musical performance, or
18place of public entertainment or amusement of any kind for a
19price in excess of the printed box office ticket price
20conducted at an auction solely by or for a not-for-profit
21organization for charitable purposes under clause (a)(1) of
22Section 10-1 of the Auction License Act.
23    (e) This Act does not apply to the resale of a ticket for
24admission to a baseball game, football game, hockey game,
25theatre entertainment, or any other amusement for a price more
26than the price printed on the face of the ticket and for more



SB1821 Engrossed- 53 -LRB100 09678 SMS 19847 b

1than the price of the ticket at the box office if the resale is
2made through an Internet website whose operator meets the
3following 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



SB1821 Engrossed- 54 -LRB100 09678 SMS 19847 b

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



SB1821 Engrossed- 55 -LRB100 09678 SMS 19847 b

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



SB1821 Engrossed- 56 -LRB100 09678 SMS 19847 b

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
5limitation on ticket sales made in accordance with subsections
6(b), (c), and (d) of this Section or any limitation on sales
7made in accordance with Section 4.
8    (f) The provisions of subsections (b), (c), (d), and (e) of
9this Section apply only to the resale of a ticket after the
10initial sale of that ticket. No reseller of a ticket may refuse
11to sell tickets to another ticket reseller solely on the basis
12that the purchaser is a ticket reseller or ticket broker
13authorized to resell tickets pursuant to this Act.
14    (f-5) In addition to the requirements imposed under
15subsections (b), (c), (d), (e), and (f) of this Section, ticket
16brokers and resellers must comply with the requirements of this
17subsection. Before accepting any payment from a purchaser, a
18ticket broker or reseller must disclose to the purchaser in a
19clear, conspicuous, and readily noticeable manner the
20following 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;



SB1821 Engrossed- 57 -LRB100 09678 SMS 19847 b

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
4broker or reseller must require the purchaser to acknowledge by
5an affirmative act the disclosures required under this
6subsection. The disclosures required by this subsection must be
7made in a clear and conspicuous manner, appear together, and be
8preceded by the heading "IMPORTANT NOTICE" which must be in
9bold face font that is larger than the font size of the
10required disclosures.
11    Ticket brokers and resellers must guarantee a full refund
12of the amount paid by the purchaser, including handling and
13delivery 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
23listing service registered with the Department of Financial and
24Professional Regulation as required under the Auction License
26    (g) The provisions of Public Act 89-406 are severable under



SB1821 Engrossed- 58 -LRB100 09678 SMS 19847 b

1Section 1.31 of the Statute on Statutes.
2    (h) The provisions of this amendatory Act of the 94th
3General Assembly are severable under Section 1.31 of the
4Statute on Statutes.
5(Source: P.A. 99-431, eff. 1-1-16.)
6    Section 999. Effective date. This Act takes effect upon
7becoming law.