State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0245

HB0902 Enrolled                               LRB9104235LDmbA

    AN ACT concerning real estate, amending named Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

               ARTICLE 1.  GENERAL PROVISIONS

    Section  1-1.   Short  title;  Act supersedes Real Estate
License Act of 1983. This Act shall be known and may be cited
as the  Real  Estate  License  Act  of  2000,  and  it  shall
supersede  the  Real  Estate  License Act of 1983 repealed by
this Act.

    Section 1-5.   Legislative  intent.  The  intent  of  the
General  Assembly in enacting this statute is to evaluate the
competency of persons engaged in the real estate business and
to regulate this business for the protection of the public.

    Section 1-10.   Definitions.  In  this  Act,  unless  the
context otherwise requires:
    "Act" means the Real Estate License Act of 2000.
    "Advisory   Council"  means  the  Real  Estate  Education
Advisory Council created under Section 30-10 of this Act.
    "Agency" means a relationship  in  which  a  real  estate
broker or licensee, whether directly or through an affiliated
licensee,  represents  a  consumer by the consumer's consent,
whether express or implied, in a real property transaction.
    "Applicant" means any person, as defined in this Section,
who applies to OBRE for a valid  license  as  a  real  estate
broker, real estate salesperson, or leasing agent.
    "Blind advertisement" means any real estate advertisement
that  does  not include the sponsoring broker's business name
and that is used by any licensee regarding the sale or  lease
of   real   estate,   including  his  or  her  own,  licensed
activities, or the hiring of any  licensee  under  this  Act.
The  broker's  business name in the case of a franchise shall
include the franchise affiliation as well as the name of  the
individual firm.
    "Board"   means   the   Real  Estate  Administration  and
Disciplinary Board of OBRE.
    "Branch office" means a sponsoring broker's office  other
than the sponsoring broker's principal office.
    "Broker"   means   an  individual,  partnership,  limited
liability  company,  corporation,   or   registered   limited
liability partnership other than a real estate salesperson or
leasing  agent  who  for  another and for compensation either
directly or indirectly:
         (1)  Sells, exchanges, purchases, rents,  or  leases
    real estate.
         (2)  Offers  to  sell,  exchange, purchase, rent, or
    lease real estate.
         (3)  Negotiates,  offers,  attempts,  or  agrees  to
    negotiate  the  sale,  exchange,  purchase,  rental,   or
    leasing of real estate.
         (4)  Lists, offers, attempts, or agrees to list real
    estate for sale, lease, or exchange.
         (5)  Buys,   sells,   offers  to  buy  or  sell,  or
    otherwise deals in options on real estate or improvements
    thereon.
         (6)  Supervises the collection, offer,  attempt,  or
    agreement to collect rent for the use of real estate.
         (7)  Advertises  or represents himself or herself as
    being  engaged  in  the  business  of  buying,   selling,
    exchanging, renting, or leasing real estate.
         (8)  Assists or directs in procuring or referring of
    prospects,  intended  to  result  in  the sale, exchange,
    lease, or rental of real estate.
         (9)  Assists or directs in the  negotiation  of  any
    transaction  intended  to  result  in the sale, exchange,
    lease, or rental of real estate.
         (10)  Opens real estate to the public for  marketing
    purposes.
    "Brokerage  agreement"  means a written or oral agreement
between a sponsoring  broker  and  a  consumer  for  licensed
activities  to  be  provided  to  a  consumer  in  return for
compensation  or  the  right  to  receive  compensation  from
another.  Brokerage  agreements  may  constitute   either   a
bilateral  or  a  unilateral agreement between the broker and
the  broker's  client  depending  upon  the  content  of  the
brokerage agreement. All exclusive brokerage agreements shall
be in writing.
    "Client" means a person who is  being  represented  by  a
licensee.
    "Commissioner"  means  the Commissioner of Banks and Real
Estate or a person authorized by the Commissioner, the Office
of Banks and Real Estate Act, or  this  Act  to  act  in  the
Commissioner's stead.
    "Compensation"  means the valuable consideration given by
one person or entity to another person or entity in  exchange
for   the   performance   of   some   activity   or  service.
Compensation  shall  include   the   transfer   of   valuable
consideration, including without limitation the following:
         (1)  commissions;
         (2)  referral fees;
         (3)  bonuses;
         (4)  prizes;
         (5)  merchandise;
         (6)  finder fees;
         (7)  performance of services;
         (8)  coupons or gift certificates;
         (9)  discounts;
         (10)  rebates;
         (11)  a chance to win a raffle, drawing, lottery, or
    similar game of chance not prohibited by any other law or
    statute;
         (12)  retainer fee; or
         (13)  salary.
    "Confidential  information" means information obtained by
a licensee from a client  during  the  term  of  a  brokerage
agreement  that  (i)  was  made  confidential  by the written
request or written instruction of the client, (ii) deals with
the  negotiating  position  of  the  client,  or   (iii)   is
information the disclosure of which could materially harm the
negotiating position of the client, unless at any time:
         (1)  the    client   permits   the   disclosure   of
    information given by that client by word or conduct;
         (2)  the disclosure is required by law; or
         (3)  the information becomes public  from  a  source
    other than the licensee.
    "Confidential  information"  shall  not  be considered to
include material information about the physical condition  of
the property.
    "Consumer"  means a person or entity seeking or receiving
licensed activities.
    "Continuing education school" means any  person  licensed
by  OBRE  as  a school for continuing education in accordance
with Section 30-15 of this Act.
    "Credit hour" means 50 minutes of  classroom  instruction
in course work that meets the requirements set forth in rules
adopted by OBRE.
    "Customer"  means a consumer who is not being represented
by the licensee but  for  whom  the  licensee  is  performing
ministerial acts.
    "Designated  agency"  means  a  contractual  relationship
between  a sponsoring broker and a client under Section 15-50
of this Act in which one or more licensees associated with or
employed by the broker are designated as agent of the client.
    "Designated agent" means a sponsored licensee named by  a
sponsoring broker as the legal agent of a client, as provided
for in Section 15-50 of this Act.
    "Director"   means   the  Director  of  the  Real  Estate
Division, OBRE.
    "Dual agency" means an agency  relationship  in  which  a
licensee  is  representing  both  buyer  and  seller  or both
landlord and tenant in the same transaction.  When the agency
relationship is a designated agency, the question of  whether
there  is  a  dual  agency  shall be determined by the agency
relationships of the designated agent of the parties and  not
of the sponsoring broker.
    "Employee"  or  other  derivative of the word "employee",
when  used  to  refer  to,   describe,   or   delineate   the
relationship  between  a real estate broker and a real estate
salesperson, another real estate broker, or a leasing  agent,
shall  be  construed  to  include  an  independent contractor
relationship, provided that a written agreement  exists  that
clearly   establishes   and  states  the  relationship.   All
responsibilities of a broker shall remain.
    "Escrow moneys" means all moneys, promissory notes or any
other  type  or  manner  of   legal   tender   or   financial
consideration  deposited  with  any person for the benefit of
the parties to the transaction.  A transaction exists once an
agreement has  been  reached  and  an  accepted  real  estate
contract  signed  or  lease agreed to by the parties.  Escrow
moneys  includes  without  limitation  earnest   moneys   and
security  deposits,  except  those security deposits in which
the person holding the security  deposit  is  also  the  sole
owner of the property being leased and for which the security
deposit is being held.
    "Inoperative"  means  a  status  of  licensure  where the
licensee holds a current license  under  this  Act,  but  the
licensee  is  prohibited from engaging in licensed activities
because the licensee is unsponsored or  the  license  of  the
sponsoring  broker with whom the licensee is associated or by
whom he or she is employed  is  currently  expired,  revoked,
suspended, or otherwise rendered invalid under this Act.
    "Leasing  Agent" means a person who is employed by a real
estate broker to engage in  licensed  activities  limited  to
leasing residential real estate who has obtained a license as
provided for in Section 5-5 of this Act.
    "License"  means  the  document issued by OBRE certifying
that the person named thereon has fulfilled all  requirements
prerequisite to licensure under this Act.
    "Licensed  activities"  means  those activities listed in
the definition of "broker" under this Section.
    "Licensee" means any person, as defined in this  Section,
who  holds a valid unexpired license as a real estate broker,
real estate salesperson, or leasing agent.
    "Listing presentation" means a  communication  between  a
real estate broker or salesperson and a consumer in which the
licensee  is  attempting to secure a brokerage agreement with
the consumer to market the consumer's real estate for sale or
lease.
    "Managing broker" means  a  broker  who  has  supervisory
responsibilities  for  licensees  in one or, in the case of a
multi-office company, more than one office and who  has  been
appointed as such by the sponsoring broker of the real estate
firm.
    "Medium of advertising" means any method of communication
intended to influence the general public to use or purchase a
particular good or service or real estate.
    "Ministerial  acts"  means those acts that a licensee may
perform for a consumer that are informative  or  clerical  in
nature  and do not rise to the level of active representation
on behalf of a consumer.   Examples  of  these  acts  include
without  limitation  (i)  responding  to  phone  inquiries by
consumers as to the availability  and  pricing  of  brokerage
services,  (ii) responding to phone inquiries from a consumer
concerning the price or location of property, (iii) attending
an open house and responding to questions about the  property
from   a  consumer,  (iv)  setting  an  appointment  to  view
property, (v) responding to questions  of  consumers  walking
into   a  licensee's  office  concerning  brokerage  services
offered  or  particular  properties,  (vi)  accompanying   an
appraiser, inspector, contractor, or similar third party on a
visit  to  a  property,  (vii)  describing  a property or the
property's condition in response  to  a  consumer's  inquiry,
(viii)  completing  business  or  factual  information  for a
consumer on an offer or contract to purchase on behalf  of  a
client,  (ix)  showing a client through a property being sold
by an owner on his or her own  behalf,  or  (x)  referral  to
another broker or service provider.
    "OBRE" means the Office of Banks and Real Estate.
    "Office"  means  a real estate broker's place of business
where the general public is invited to transact business  and
where  records  may  be  maintained  and  licenses displayed,
whether  or  not  it  is  the  broker's  principal  place  of
business.
    "Person"  means  and  includes   individuals,   entities,
corporations, limited liability companies, registered limited
liability   partnerships,   and   partnerships,   foreign  or
domestic, except that when the  context  otherwise  requires,
the  term may refer to a single individual or other described
entity.
    "Personal  assistant"  means  a  licensed  or  unlicensed
person who has been  hired  for  the  purpose  of  aiding  or
assisting  a  sponsored  licensee  in  the performance of the
sponsored licensee's job.
    "Pocket card" means the card issued by  OBRE  to  signify
that the person named on the card is currently licensed under
this Act.
    "Pre-license  school"  means  a  school  licensed by OBRE
offering  courses  in  subjects  related   to   real   estate
transactions,  including the subjects upon which an applicant
is examined in determining fitness to receive a license.
    "Pre-renewal period" means the period between the date of
issue of  a  currently    valid  license  and  the  license's
expiration date.
    "Real  estate"  means  and includes leaseholds as well as
any other interest or  estate  in  land,  whether  corporeal,
incorporeal,  freehold,  or non-freehold and whether the real
estate is situated in this State or elsewhere.
      "Real Estate Administration and Disciplinary Board"  or
"Board" means the Real Estate Administration and Disciplinary
Board created by Section 25-10 of this Act.
    "Salesperson"  means  any  individual,  other than a real
estate broker or leasing agent, who is  employed  by  a  real
estate  broker  or  is associated by written agreement with a
real  estate  broker  as  an   independent   contractor   and
participates  in  any activity described in the definition of
"broker" under this Section.
    "Sponsoring broker" means the broker  who  has  issued  a
sponsor  card  to  a  licensed  salesperson, another licensed
broker, or a leasing agent.
    "Sponsor card" means the temporary permit issued  by  the
sponsoring real estate broker certifying that the real estate
broker,  real  estate  salesperson,  or  leasing  agent named
thereon is employed by or  associated  by  written  agreement
with  the  sponsoring  real estate broker, as provided for in
Section 5-40 of this Act.

             ARTICLE 5. LICENSING AND EDUCATION
    Section 5-5.  Leasing agent license.
    (a)  The purpose of this Section  is  to  provide  for  a
limited scope license to enable persons who wish to engage in
activities   limited  to  the  leasing  of  residential  real
property for which a license is required under this Act,  and
only  those  activities,  to  do  so by obtaining the license
provided for under this Section.
    (b)  Notwithstanding the other provisions  of  this  Act,
there  is  hereby  created a leasing agent license that shall
enable the licensee to engage  only  in  residential  leasing
activities  for  which  a license is required under this Act.
Such activities include without limitation leasing or renting
residential  real  property,  or  attempting,  offering,   or
negotiating  to  lease  or rent residential real property, or
supervising the collection, offer, attempt, or  agreement  to
collect  rent  for  the  use  of  residential  real property.
Nothing in this Section  shall  be  construed  to  require  a
licensed  real  estate  broker  or  salesperson  to  obtain a
leasing agent license in order to perform leasing  activities
for  which  a  license  is  required under this Act. Licensed
leasing agents must be sponsored and employed by a sponsoring
broker.
    (c) OBRE, by rule, with the advice of  the  Board,  shall
provide  for  the  licensing of leasing agents, including the
issuance, renewal, and administration of licenses.
    (d)  Notwithstanding any other provisions of this Act  to
the  contrary,  a  person  may  engage in residential leasing
activities for which a license is required  under  this  Act,
for  a period of 120 consecutive days without being licensed,
so long as the person is acting under the  supervision  of  a
licensed  real estate broker and the broker has notified OBRE
that the person is pursuing  licensure  under  this  Section.
During  the  120 day period all requirements of Sections 5-10
and 5-65 of this Act with respect  to  education,  successful
completion of an examination, and the payment of all required
fees  must be satisfied.  OBRE may adopt rules to ensure that
the provisions of this subsection are not  used in  a  manner
that   enables   an   unlicensed   person  to  repeatedly  or
continually engage in  activities  for  which  a  license  is
required under this Act.

    Section  5-10.   Application  for  leasing agent license.
Every person who desires to obtain a  leasing  agent  license
shall apply to OBRE in writing on forms provided by OBRE.  In
addition to any other information required to be contained in
the application, every application for an original or renewed
leasing  agent  license  shall include the applicant's Social
Security  number.   All  application  or  license  fees  must
accompany the application.  Each applicant must be  at  least
18  years of age, must be of good moral character, shall have
successfully completed a 4-year course of  study  in  a  high
school  or  secondary school or an equivalent course of study
approved by the Illinois State Board of Education, and  shall
successfully  complete  a  written  examination authorized by
OBRE sufficient to demonstrate the applicant's  knowledge  of
the provisions of this Act relating to leasing agents and the
applicant's  competence  to  engage  in  the  activities of a
licensed  leasing  agent.    Applicants   must   successfully
complete  15  hours  of  instruction in an approved course of
study relating to the leasing of residential  real  property.
The  course  of  study  shall,  among other topics, cover the
provisions of this Act applicable  to  leasing  agents;  fair
housing  issues  relating to residential leasing; advertising
and  marketing  issues;  leases,  applications,  and   credit
reports;  owner-tenant  relationships  and owner-tenant laws;
the handling of funds; and environmental issues  relating  to
residential  real  property.  Successfully  completed  course
work, completed pursuant to the requirements of this Section,
may  be  applied  to the course work requirements to obtain a
real estate broker's  or salesperson's license as provided by
rule.  The Advisory Council shall recommend through the Board
to OBRE  and  OBRE  shall  adopt  requirements  for  approved
courses,   course  content,  and  the  approval  of  courses,
instructors, and schools, as well as  school  and  instructor
fees.   OBRE  may establish continuing education requirements
for licensed leasing agents, by rule, with the advice of  the
Advisory Council and Board.

    Section  5-15.   Necessity  of  broker,  salesperson,  or
leasing    agent   license   or   sponsor   card;   ownership
restrictions.
    (a)  It is unlawful for any person, corporation,  limited
liability  company, registered limited liability partnership,
or partnership to act as a real estate  broker,  real  estate
salesperson,  or  leasing  agent or to advertise or assume to
act as such broker, salesperson, or leasing agent  without  a
properly  issued  sponsor card or a license issued under this
Act by  OBRE,  either  directly  or  through  its  authorized
designee.
    (b)  No  corporation shall be granted a license or engage
in the business or capacity, either directly  or  indirectly,
of  a  real  estate  broker,  unless  every  officer  of  the
corporation  who  actively  participates  in  the real estate
activities of the corporation  holds  a  license  as  a  real
estate  broker  and  unless  every  employee  who  acts  as a
salesperson, or leasing agent for  the  corporation  holds  a
license  as  a  real  estate  broker, salesperson, or leasing
agent.
    (c)  No partnership shall be granted a license or  engage
in  the business or serve in the capacity, either directly or
indirectly, of a real estate  broker,  unless  every  general
partner  in  the partnership holds a license as a real estate
broker and unless every employee who acts as a salesperson or
leasing agent for the partnership holds a license as  a  real
estate broker, salesperson, or leasing agent.  In the case of
a  registered  limited  liability  partnership  (LLP),  every
partner  in  the  LLP  must  hold  a license as a real estate
broker and every  employee  who  acts  as  a  salesperson  or
leasing  agent  must  hold a license as a real estate broker,
salesperson, or leasing agent.
    (d)  No limited liability  company  shall  be  granted  a
license  or  engage in the business or serve in the capacity,
either directly or indirectly, of a real estate broker unless
every manager  in  the  limited  liability  company  holds  a
license  as  a real estate broker and unless every member and
employee who acts as a salesperson or leasing agent  for  the
limited  liability  company  holds a license as a real estate
broker, salesperson, or leasing agent.
    (e)  No  partnership,  limited  liability   company,   or
corporation shall be licensed to conduct a brokerage business
where an individual salesperson or leasing agent, or group of
salespersons   or   leasing   agents,  owns  or  directly  or
indirectly controls more than 49% of the shares of  stock  or
other   ownership   in  the  partnership,  limited  liability
company, or corporation.

    Section 5-20.  Exemptions from  broker,  salesperson,  or
leasing   agent  license  requirement.  The  requirement  for
holding a license under this Article 5 shall not apply to:
    (1)  Any person,  partnership,  or  corporation  that  as
owner  or  lessor  performs  any of the acts described in the
definition of "broker" under Section 1-10 of  this  Act  with
reference  to  property  owned  or  leased  by  it, or to the
regular employees thereof with respect  to  the  property  so
owned or leased, where such acts are performed in the regular
course of or as an incident to the management, sale, or other
disposition  of  such  property  and  the investment therein,
provided that such regular employees do not  perform  any  of
the  acts  described  in  the  definition  of  "broker" under
Section 1-10 of this Act in connection  with  a  vocation  of
selling  or  leasing  any  real  estate  or  the improvements
thereon not so owned or leased.
    (2)  An attorney in fact acting under a duly executed and
recorded power of attorney to convey  real  estate  from  the
owner  or  lessor  or the services rendered by an attorney at
law in the performance of the attorney's duty as an  attorney
at law.
    (3)  Any   person   acting   as   receiver,   trustee  in
bankruptcy, administrator, executor,  or  guardian  or  while
acting  under  a court order or under the authority of a will
or testamentary trust.
    (4)  Any person acting as  a  resident  manager  for  the
owner  or  any  employee acting as the resident manager for a
broker managing an apartment building, duplex,  or  apartment
complex,  when  the resident manager resides on the premises,
the premises  is  his  or  her  primary  residence,  and  the
resident manager is engaged in the leasing of the property of
which he or she is the resident manager.
    (5)  Any  officer  or employee of a federal agency in the
conduct of official duties.
    (6)  Any officer or employee of the State  government  or
any political subdivision thereof performing official duties.
    (7)  Any  multiple  listing  service or other information
exchange that is engaged in the collection and  dissemination
of  information  concerning  real  estate available for sale,
purchase, lease,  or  exchange  along  with  which  no  other
licensed activities are provided.
    (8)  Railroads  and  other  public utilities regulated by
the State of Illinois, or the officers or full time employees
thereof, unless the performance of any licensed activities is
in connection  with  the  sale,  purchase,  lease,  or  other
disposition  of real estate or investment therein not needing
the approval of the appropriate State regulatory authority.
    (9)  Any medium of advertising in the routine  course  of
selling  or  publishing advertising along with which no other
licensed activities are provided.
    (10)  Any resident lessee of a residential dwelling  unit
who  refers  for  compensation  to  the owner of the dwelling
unit,  or  to  the  owner's  agent,  prospective  lessees  of
dwelling units  in  the  same  building  or  complex  as  the
resident  lessee's  unit, but only if the resident lessee (i)
refers no more than 3 prospective  lessees  in  any  12-month
period,  (ii) receives compensation of no more than $1,000 or
the equivalent of one month's rent, whichever is less, in any
12-month period, and (iii) limits his or  her  activities  to
referring  prospective  lessees  to the owner, or the owner's
agent, and does not show a residential  dwelling  unit  to  a
prospective  lessee, discuss terms or conditions of leasing a
dwelling  unit  with  a  prospective  lessee,  or   otherwise
participate  in  the negotiation of the leasing of a dwelling
unit.

    Section 5-25.  Application for and issuance of broker  or
salesperson license.
    (a)  Every  person  who desires to obtain a license shall
make application to OBRE in writing upon forms  prepared  and
furnished  by  OBRE.   In  addition  to any other information
required  to  be  contained   in   the   application,   every
application  for an original or renewed license shall include
the applicant's Social Security number.  Each applicant shall
be at least 21 years of age, be of good moral character,  and
have  successfully  completed  a  4-year course of study in a
high school or secondary  school  approved  by  the  Illinois
State  Board of Education or an equivalent course of study as
determined by an examination conducted by the Illinois  State
Board  of  Education  and shall be verified under oath by the
applicant.  The minimum age of 21 years shall be  waived  for
any person seeking a license as a real estate salesperson who
has  attained  the  age of 18 and can provide evidence of the
successful  completion   of   at   least   4   semesters   of
post-secondary  school  study  as  a full-time student or the
equivalent, with major emphasis on real estate courses, in  a
school approved by OBRE.
    (b)  When an applicant has had his or her license revoked
on  a  prior  occasion  or when an applicant is found to have
committed any of the practices enumerated in Section 20-20 of
this Act or when an applicant has been convicted of  forgery,
embezzlement, obtaining money under false pretenses, larceny,
extortion,  conspiracy  to  defraud,  or  any  other  similar
offense  or  offenses  or  has  been  convicted  of  a felony
involving  moral  turpitude  in  any   court   of   competent
jurisdiction  in  this  or  any  other  state,  district,  or
territory  of  the United States or of a foreign country, the
Board  may  consider  the  prior  revocation,   conduct,   or
conviction  in  its  determination  of  the applicant's moral
character and whether to grant the applicant a  license.   In
its  consideration  of  the  prior  revocation,  conduct,  or
conviction,  the  Board shall take into account the nature of
the conduct, any aggravating  or  extenuating  circumstances,
the   time   elapsed   since   the  revocation,  conduct,  or
conviction, the rehabilitation or  restitution  performed  by
the  applicant,  and  any  other factors that the Board deems
relevant.   When an applicant has made a false  statement  of
material  fact on his or her application, the false statement
may in itself be sufficient grounds to revoke  or  refuse  to
issue a license.
    (c)  Every  valid  application for issuance of an initial
license shall be accompanied by a sponsor card and  the  fees
specified by rule.
    (d)  No  applicant  shall engage in any of the activities
covered by this Act until  a  valid  sponsor  card  has  been
issued  to  such  applicant.  The sponsor card shall be valid
for a maximum period of 45 days from  the  date  of  issuance
unless extended for good cause as provided by rule.
    (e)  OBRE  shall issue to each applicant entitled thereto
a license in such form and size as  shall  be  prescribed  by
OBRE.   The  procedure  for  terminating  a  license shall be
printed on the reverse side of  the  license.   Each  license
shall bear the name of the person so qualified, shall specify
whether  the  person  is  qualified  to  act  in  a broker or
salesperson  capacity,   and   shall   contain   such   other
information as shall be recommended by the Board and approved
by  OBRE.   Each person licensed under this Act shall display
his or her license conspicuously  in  his  or  her  place  of
business.

    Section   5-30.  Education   requirements  to  obtain  an
original broker or salesperson license.
    (a)  All  applicants  for  a  broker's  license,   except
applicants  who meet the criteria set forth in subsection (c)
of this Section shall   (i)  give  satisfactory  evidence  of
having  completed  at  least 120 classroom hours, 45 of which
shall be those  hours  required  to  obtain  a  salesperson's
license plus 15 hours in brokerage administration courses, in
real  estate courses approved by the Advisory Council or (ii)
for  applicants  who  currently  hold  a  valid  real  estate
salesperson's license, give satisfactory evidence  of  having
completed  at  least  75  hours  in  real estate courses, not
including  the  courses  that  are  required  to   obtain   a
salesperson's license, approved by the Advisory Council.
    (b)  All  applicants  for a salesperson's license, except
applicants who meet the criteria set forth in subsection  (c)
of  this  Section  shall give satisfactory evidence that they
have completed at least  45  hours  of  instruction  in  real
estate courses approved by the Advisory Council.
    (c)  The  requirements  specified  in subsections (a) and
(b) of this Section do not apply to applicants who:
         (1)  are currently admitted to practice law  by  the
    Supreme  Court  of  Illinois  and are currently in active
    standing; or
         (2)  show  evidence  of  receiving  a  baccalaureate
    degree including courses involving real estate or related
    material from a college or  university  approved  by  the
    Advisory Council.
    (d)  A minimum of 15 of the required hours of pre-license
education  shall  be  in the areas of Article 15 of this Act,
disclosure and environmental issues, or any  other  currently
topical areas that are determined by the Advisory Council.

    Section 5-35.  Examination; broker or salesperson.
    (a)  Every  person  who makes application for an original
license as a broker or salesperson shall personally take  and
pass  a written examination authorized by OBRE and answer any
questions that may be required to determine  the  good  moral
character  of the applicant and the applicant's competency to
transact the business of broker or salesperson, as  the  case
may be, in such a manner as to safeguard the interests of the
public.   In  determining this competency, OBRE shall require
proof that the applicant has a  good  understanding  and  the
knowledge  to  conduct  real  estate  brokerage  and  of  the
provisions of this Act.  The examination shall be prepared by
an independent testing service designated by OBRE, subject to
the   approval   of  the  examinations  by  the  Board.   The
designated independent  testing  service  shall  conduct  the
examinations  at such times and places as OBRE shall approve.
In addition, every person who desires  to  take  the  written
examination shall make application to do so to OBRE or to the
designated  independent testing service in writing upon forms
approved by OBRE.  An applicant shall be eligible to take the
examination only after successfully completing the  education
requirements,  set  forth  in  Section  5-30 of this Act, and
attaining the  minimum  age  specified  in  this  Act.   Each
applicant  shall be required to establish compliance with the
eligibility requirements in the manner provided by the  rules
promulgated for the administration of this Act.
    (b)  If  a person who has received a passing score on the
written examination described in this Section fails  to  file
an  application and meet all requirements for a license under
this Act within one year after receiving a passing  score  on
the  examination, credit for the examination shall terminate.
The  person  thereafter  may  make  a  new  application   for
examination.
    (c)  If  an  applicant has failed an examination 3 times,
the applicant must repeat the pre-license education  required
to  sit  for  the  examination.   For  the  purposes  of this
Section, the fourth attempt shall be the same as  the  first.
Approved  education,  as prescribed by this Act for licensure
as a salesperson or broker, shall be valid for 3 years  after
the date of satisfactory completion of the education.

    Section  5-40.   Sponsor  card;  termination indicated by
license endorsement; association with new broker.
    (a)  The  sponsoring  broker  shall  prepare  upon  forms
provided by OBRE and deliver to each licensee employed by  or
associated   with   the  sponsoring  broker  a  sponsor  card
certifying that the person whose name appears thereon  is  in
fact  employed  by  or associated with the sponsoring broker.
The sponsoring broker shall send, by certified  mail,  return
receipt  requested,  or  other  delivery  service requiring a
signature upon delivery, a duplicate of  each  sponsor  card,
along with a valid license or other authorization as provided
by  rule  and the appropriate fee, to OBRE within 24 hours of
issuance of the sponsor card.  It is a violation of this  Act
for  any  broker  to  issue a sponsor card to any licensee or
applicant unless the licensee or applicant presents in hand a
valid license or other authorization as provided by rule.
    (b)  When a licensee terminates his or her employment  or
association  with  a  sponsoring  broker or the employment is
terminated by  the  sponsoring  broker,  the  licensee  shall
obtain from the sponsoring broker his or her license endorsed
by  the  sponsoring  broker  indicating the termination.  The
sponsoring broker shall surrender  to  OBRE  a  copy  of  the
license  of  the licensee within 2 days of the termination or
shall notify OBRE in writing of the termination  and  explain
why a copy of the license is not surrendered.  Failure of the
sponsoring  broker to surrender the license shall subject the
sponsoring broker to discipline under Section 20-20  of  this
Act.    The  license of any licensee whose association with a
sponsoring broker is terminated  shall  automatically  become
inoperative  immediately  upon  the  termination  unless  the
licensee  accepts employment or becomes associated with a new
sponsoring broker pursuant to subsection (c) of this Section.
    (c)  When a licensee accepts  employment  or  association
with a new sponsoring broker, the new sponsoring broker shall
send,  by  certified mail, return receipt requested, or other
delivery service requiring a signature upon delivery, to OBRE
a duplicate sponsor card, along with the licensee's  endorsed
license  or  an affidavit of the licensee of why the endorsed
license is not surrendered, and shall pay the appropriate fee
prescribed by rule to cover administrative expenses attendant
to the changes in the registration of the licensee.

    Section 5-45.  Offices.
    (a)  If a  sponsoring  broker  maintains  more  than  one
office  within  the  State, the sponsoring broker shall apply
for a branch office license for each office  other  than  the
sponsoring  broker's principal place of business.  The branch
office license  shall  be  displayed  conspicuously  in  each
branch  office.   The name of each branch office shall be the
same as that of the sponsoring broker's principal  office  or
shall clearly delineate the branch office's relationship with
the principal office.
    (b)  The  sponsoring  broker shall name a managing broker
for each branch office and the  sponsoring  broker  shall  be
responsible  for  supervising  all  managing  brokers.    The
sponsoring broker shall notify OBRE in writing of the name of
all  managing  brokers of the sponsoring broker.  Any changes
in managing brokers shall be  reported  to  OBRE  in  writing
within 15 days of the change.  Failure to do so shall subject
the  sponsoring  broker  to discipline under Section 20-20 of
this Act.
    (c)  The sponsoring broker shall immediately notify  OBRE
in  writing of any opening, closing, or change in location of
any principal or branch office.
    (d)  Except as provided in this Section, each  sponsoring
broker shall maintain a definite office, or place of business
within   this  State  for  the  transaction  of  real  estate
business, shall conspicuously display an identification  sign
on  the  outside  of  his  or her office of adequate size and
visibility,  and  shall  conspicuously  display  his  or  her
license in his or her office or place of  business  and  also
the  licenses  of  all persons associated with or employed by
the sponsoring broker who primarily work  at  that  location.
The  office  or place of business shall not be located in any
retail or  financial  business  establishment  unless  it  is
separated  from the other business by a separate and distinct
area within the establishment.  A broker who is  licensed  in
this  State  by  examination or pursuant to the provisions of
Section 5-60 of this Act shall not be required to maintain  a
definite  office  or place of business in this State provided
all of the following conditions are met:
         (1)  the broker maintains an active broker's license
    in the broker's state of domicile;
         (2)  the broker maintains an office in the  broker's
    state of domicile; and
         (3)  the   broker   has   filed  with  OBRE  written
    statements appointing the  Commissioner  to  act  as  the
    broker's  agent  upon whom all judicial and other process
    or legal notices directed to the licensee may  be  served
    and  agreeing  to  abide by all of the provisions of this
    Act with respect to his or  her  real  estate  activities
    within  the  State  of  Illinois  and  submitting  to the
    jurisdiction of OBRE.
    The statements under  subdivision  (3)  of  this  Section
shall  be  in form and substance the same as those statements
required under Section 5-60 of this Act and shall operate  to
the same extent.
    (e)  Upon  the  loss  of  a  managing  broker  who is not
replaced by the sponsoring broker or  in  the  event  of  the
death  or adjudicated disability of the sole proprietor of an
office, a written  request  for  authorization  allowing  the
continued  operation  of  the office may be submitted to OBRE
within 15 days  of  the  loss.   OBRE  may  issue  a  written
authorization allowing the continued operation, provided that
a licensed broker, or in the case of the death or adjudicated
disability  of  a  sole proprietor, the representative of the
estate, assumes responsibility, in writing, for the operation
of  the  office  and  agrees  to  personally  supervise   the
operation of the office.  No such written authorization shall
be  valid  for  more than 60 days unless extended by OBRE for
good cause shown and upon written request by  the  broker  or
representative.
    Section  5-50.   Expiration  date  and  renewal period of
broker, salesperson, or  leasing  agent  license;  sponsoring
broker; register of licensees; pocket card.
    (a)  The  expiration  date  and  renewal  period for each
license issued under this Act shall be set by  rule.   Except
as otherwise provided in Section 5-55 of this Act, the holder
of  a  license may renew the license within 90 days preceding
the expiration date thereof by paying the fees  specified  by
rule.   Upon written request from the sponsoring broker, OBRE
shall  prepare and mail to the sponsoring broker a listing of
licensees under this Act who, according  to  the  records  of
OBRE,   are   sponsored   by  that  broker.   Every  licensee
associated with or employed by  a  broker  whose  license  is
revoked,   suspended,   terminated,   or   expired  shall  be
considered as inoperative until such time as  the  sponsoring
broker's  license  is  reinstated or renewed, or the licensee
changes employment as set forth in subsection (c) of  Section
5-40 of this Act.
    (b)  OBRE  shall establish and maintain a register of all
persons currently licensed by the State and shall  issue  and
prescribe  a form of pocket card.  Upon payment by a licensee
of the appropriate fee as prescribed by rule  for  engagement
in the activity for which the licensee is qualified and holds
a  license  for the current period, OBRE shall issue a pocket
card to the licensee.  The pocket card shall be  verification
that  the  required  fee for the current period has been paid
and shall indicate that the person named thereon is  licensed
for  the  current renewal period as a broker, salesperson, or
leasing agent as the case may  be.   The  pocket  card  shall
further  indicate that the person named thereon is authorized
by OBRE to engage in the licensed  activity  appropriate  for
his  or  her  status (broker, salesperson, or leasing agent).
Each licensee shall carry on his or her  person  his  or  her
pocket  card or, if such pocket card has not yet been issued,
a properly issued sponsor card when engaging in any  licensed
activity and shall display the same on demand.

    Section  5-55.   Expiration  and  renewal  of  broker  or
salesperson license.
    (a)  Any  broker  or salesperson whose license under this
Act has expired shall be eligible to renew the license for  a
period of 2 years following the expiration date, provided the
broker or salesperson pays the fees as prescribed by rule.  A
broker or salesperson whose license has been expired for more
than 2 years shall be required to meet the requirements for a
new license.
    (b)  Notwithstanding  any other provisions of this Act to
the contrary, any broker or salesperson whose  license  under
this Act has expired is eligible to renew the license without
paying any lapsed renewal fees or reinstatement fee, provided
that the license expired while the broker or salesperson was:
         (1)  on  active  duty  with  the United States Army,
    United States Navy, United States  Marine  Corps,  United
    States Air Force, United States Coast Guard, or the State
    Militia called into the service or training of the United
    States;
         (2)  engaged  in  training  or  education  under the
    supervision of the United States prior to induction  into
    military service; or
         (3)  serving  as  the Director of Real Estate in the
    State of Illinois or as an employee of OBRE.
    A broker or salesperson shall  be  eligible  to  renew  a
license  under the provisions of this Section for a period of
2 years following the termination of the service,  education,
or  training, provided that the termination was by other than
dishonorable  discharge  and  provided  that   the   licensee
furnishes  OBRE  an  affidavit  specifying that the broker or
salesperson  has  been  so  engaged  and  that  the  service,
education, or training has been so terminated.

    Section  5-60.   Broker  licensed   in   another   state;
nonresident  salesperson;  reciprocal  agreements;  agent for
service of process.
    (a)  A broker's license may be issued by OBRE to a broker
licensed under the  laws  of  another  state  of  the  United
States, under the following conditions:
         (1)  the  broker  holds a broker's license in his or
    her state of domicile;
         (2)  the standards for that state for licensing as a
    broker are substantially equivalent to  or  greater  than
    the minimum standards in the State of Illinois;
         (3)  the  broker  has  been actively practicing as a
    broker in the broker's state of domicile for a period  of
    not  less  than 2 years, immediately prior to the date of
    application;
         (4)  the broker  furnishes  OBRE  with  a  statement
    under seal of the proper licensing authority of the state
    in  which  the broker is licensed showing that the broker
    has an active broker's license, that  the  broker  is  in
    good standing, and that no complaints are pending against
    the broker in that state; and
         (5)  the  broker completes a course of education and
    passes a test on Illinois specific real estate  brokerage
    laws.
    (b)  A  nonresident salesperson employed by or associated
with a nonresident broker holding a broker's license in  this
State  pursuant  to  this  Section  may, in the discretion of
OBRE, be issued a nonresident salesperson's license under the
nonresident broker provided all of the  following  conditions
are met:
         (1)  the  salesperson maintains an active license in
    the state in which he or she is domiciled;
         (2)  the salesperson is domiciled in the same  state
    as the broker with whom he or she is associated; and
         (3)  the salesperson completes a course of education
    and  passes  a  test  on  Illinois  specific  real estate
    brokerage laws.
    The nonresident  broker  with  whom  the  salesperson  is
associated  shall  comply with the provisions of this Act and
issue the salesperson a sponsor card upon the  form  provided
by OBRE.
    (c)  As  a  condition  precedent  to  the  issuance  of a
license to a nonresident broker or salesperson, the broker or
salesperson shall agree  in  writing  to  abide  by  all  the
provisions of this Act with respect to his or her real estate
activities  within  the  State  of Illinois and submit to the
jurisdiction of OBRE as provided in this Act.  The  agreement
shall  be  filed  with  OBRE and shall remain in force for so
long as the nonresident broker or salesperson is licensed  by
this  State  and thereafter with respect to acts or omissions
committed while licensed as a broker or salesperson  in  this
State.
    (d)  Prior   to  the  issuance  of  any  license  to  any
nonresident, verification of active licensure issued for  the
conduct  of  such  business  in any other state must be filed
with OBRE by the nonresident, and the same fees must be  paid
as  provided  in  this Act for the obtaining of a broker's or
salesperson's license in this State.
    (e)  Licenses   previously   granted   under   reciprocal
agreements shall remain in force, unless suspended,  revoked,
or terminated by OBRE for any reason provided for suspension,
revocation,  or termination of a resident licensee's license.
Licenses granted under reciprocal agreements may  be  renewed
in the same manner as a resident's license.
    (f)  Prior  to the issuance of a license to a nonresident
broker or salesperson, the broker or salesperson  shall  file
with   OBRE  a  designation  in  writing  that  appoints  the
Commissioner to act  as  his  or  her  agent  upon  whom  all
judicial  and  other process or legal notices directed to the
broker or salesperson may be served.  Service upon the  agent
so  designated  shall  be equivalent to personal service upon
the licensee.  Copies of the appointment,  certified  by  the
Commissioner, shall be deemed sufficient evidence thereof and
shall  be admitted in evidence with the same force and effect
as the original thereof might be admitted.   In  the  written
designation,  the  broker or salesperson shall agree that any
lawful process against the licensee that is served  upon  the
agent  shall  be  of  the same legal force and validity as if
served  upon  the  licensee  and  that  the  authority  shall
continue  in  force  so  long  as   any   liability   remains
outstanding  in  this State.  Upon the receipt of any process
or notice, the Commissioner shall forthwith mail  a  copy  of
the same by certified mail to the last known business address
of the licensee.
    (g)  Any  person  holding  a  valid  license  under  this
Section  shall  be  eligible to obtain a resident broker's or
salesperson's license without examination should that  person
change  their  state  of domicile to Illinois and that person
otherwise meets the qualifications or  licensure  under  this
Act.

    Section  5-65.  Fees. OBRE shall provide by rule for fees
to  be  paid  by  applicants  and  licensees  to  cover   the
reasonable  costs  of OBRE in administering and enforcing the
provisions of this Act.  OBRE may also provide  by  rule  for
general fees to cover the reasonable expenses of carrying out
other functions and responsibilities under this Act.

    Section  5-70.   Continuing education requirement; broker
or salesperson.
    (a)  The  requirements  of  this  Section  apply  to  all
licensees who have had a license for less than 15 years as of
January 1, 1992.
    (b)  Except as otherwise provided in this  Section,  each
person  who  applies  for  renewal of his or her license as a
real  estate  broker  or   real   estate   salesperson   must
successfully   complete   real  estate  continuing  education
courses approved by the Advisory Council at  the  rate  of  6
hours  per year or its equivalent.  No license may be renewed
except upon the successful completion of the required courses
or their equivalent or upon a waiver  of  those  requirements
for  good  cause shown as determined by the Commissioner with
the recommendation of the Advisory Council. The  requirements
of   this   Article   are   applicable  to  all  brokers  and
salespersons  except  those  brokers  and  salespersons  who,
during the pre-renewal period:
         (1)  serve in  the  armed  services  of  the  United
    States;
         (2)  serve as an elected State or federal official;
         (3)  serve as a full-time employee of OBRE; or
         (4)  are   admitted  to  practice  law  pursuant  to
    Illinois Supreme Court rule.
    (c)  A person who is issued an initial license as a  real
estate salesperson less than one year prior to the expiration
date  of  that  license  shall  not  be  required to complete
continuing education as a condition of  license  renewal.   A
person  who  is  issued  an  initial license as a real estate
broker less than one year prior to  the  expiration  date  of
that  license  and who has not been licensed as a real estate
salesperson  during  the  pre-renewal  period  shall  not  be
required to complete continuing education as a  condition  of
license renewal.
    (d)  The    continuing    education    requirement    for
salespersons  and  brokers shall consist of a core curriculum
and an elective curriculum, to be established by the Advisory
Council.  In meeting the continuing education requirements of
this Act, at least 3 hours per year or their equivalent shall
be required to  be  completed  in  the  core  curriculum.  In
establishing  the core curriculum, the Advisory Council shall
consider subjects  that  will  educate  licensees  on  recent
changes  in  applicable  laws  and  new  laws and refresh the
licensee on areas of the license law and OBRE policy that the
Advisory Council deems appropriate, and any other areas  that
the  Advisory Council deems timely and applicable in order to
prevent violations of this Act and to protect the public.  In
establishing  the  elective  curriculum, the Advisory Council
shall consider subjects that cover the various aspects of the
practice of real estate that are covered under the  scope  of
this Act.  However, the elective curriculum shall not include
any offerings referred to in Section 5-85 of this Act.
    (e)  The  subject  areas  of continuing education courses
approved  by  the  Advisory  Council  may   include   without
limitation the following:
         (1)  license law and escrow;
         (2)  antitrust;
         (3)  fair housing;
         (4)  agency;
         (5)  appraisal;
         (6)  property management;
         (7)  residential brokerage;
         (8)  farm property management;
         (9)  rights  and  duties  of  sellers,  buyers,  and
    brokers;
         (10)  commercial brokerage and leasing; and
         (11)  real estate financing.
    (f)  In  lieu  of  credit  for  those  courses  listed in
subsection (e) of this Section,  credit  may  be  earned  for
serving  as  a  licensed  instructor in an approved course of
continuing  education.   The  amount  of  credit  earned  for
teaching a course shall be the amount of continuing education
credit for which the course is approved for licensees  taking
the course.
    (g)  Credit  hours  may be earned for self-study programs
approved by the Advisory Council.
    (h)  A broker  or  salesperson  may  earn  credit  for  a
specific  continuing  education  course  only once during the
prerenewal period.
    (i)  No more than 6 hours of continuing education  credit
may be earned in one calendar day.

    Section  5-75.  Out-of-state continuing education credit.
If a renewal applicant has earned continuing education  hours
in another state or territory for which he or she is claiming
credit  toward  full  compliance  in  Illinois,  the Advisory
Council shall review,  approve,  or  disapprove  those  hours
based  upon  whether the course is one that would be approved
under Section 5-70 of this Act, whether the course meets  the
basic  requirements  for continuing education under this Act,
and any other criteria that is provided by statute or rule.

    Section 5-80.  Evidence  of  compliance  with  continuing
education requirements.
    (a)  Each  renewal applicant shall certify, on his or her
renewal  application,   full   compliance   with   continuing
education  requirements  set  forth  in  Section  5-70.   The
continuing  education  school shall retain and submit to OBRE
after  the  completion  of  each  course  evidence  of  those
successfully completing the course as provided by rule.
    (b)  OBRE may require additional  evidence  demonstrating
compliance  with  the continuing education requirements.  The
renewal applicant shall retain and produce  the  evidence  of
compliance upon request of OBRE.
    Section 5-85.  Offerings not meeting continuing education
requirements.   The  following  offerings  do  not  meet  the
continuing education requirements:
         (1)  Examination preparation  offerings,  except  as
    provided in Section 5-70 of this Act.
         (2)  Offerings  in  mechanical  office  and business
    skills such as typing, speed reading, memory improvement,
    advertising, or psychology of sales.
         (3)  Sales  promotion  or  other  meetings  held  in
    conjunction with the general business of the attendee  or
    his or her employer.
         (4)  Meetings  that  are  a  normal part of in-house
    staff or employee training.
    The offerings listed in this Section  do  not  limit  the
Advisory  Council's  authority  to disapprove any course that
fails to meet the  standards  of  this  Article  5  or  rules
adopted by OBRE.

      ARTICLE 10.  COMPENSATION AND BUSINESS PRACTICES

    Section 10-5.  Payment of compensation.
    (a)  No  licensee  shall  pay  compensation directly to a
licensee sponsored by another broker for the  performance  of
licensed  activities.   No licensee sponsored by a broker may
pay compensation to  any  licensee  other  than  his  or  her
sponsoring  broker for the performance of licensed activities
unless the licensee paying the compensation is a principal to
the transaction.  However, a non-sponsoring  broker  may  pay
compensation directly to a licensee sponsored by another or a
person  who  is not sponsored by a broker if the payments are
made pursuant to terms of an employment  agreement  that  was
previously in place between a licensee and the non-sponsoring
broker,  and the payments are for licensed activity performed
by  that  person  while  previously  sponsored  by  the   now
non-sponsoring broker.
    (b)  No  licensee  sponsored  by  a  broker  shall accept
compensation for the performance of activities under this Act
except from the broker by whom  the  licensee  is  sponsored,
except as provided in this Section.
    (c)  Any person that is a licensed personal assistant for
another  licensee  may  only  be  compensated  in  his or her
capacity as a personal assistant by the sponsoring broker for
that licensed personal assistant.
    (d)  One sponsoring broker may pay compensation  directly
to  another sponsoring broker for the performance of licensed
activities.

    Section 10-10.  Disclosure of compensation.
    (a)  A licensee must disclose to a client the  sponsoring
broker's  compensation  and policy with regard to cooperating
with brokers who represent other parties in a transaction.
    (b)  A licensee must disclose to a client all sources  of
compensation  related  to  the  transaction  received  by the
licensee from a third party.
    (c)  If a licensee refers a client to a  third  party  in
which  the  licensee has greater than a 1% ownership interest
or from which the licensee receives or may receive  dividends
or  other profit sharing distributions, other than a publicly
held or  traded  company,  for  the  purpose  of  the  client
obtaining  services  related  to  the  transaction,  then the
licensee shall disclose that fact to the client at  the  time
of making the referral.
    (d)  If  in  any  one  transaction  a  sponsoring  broker
receives  compensation  from  both  the  buyer  and seller or
lessee and lessor of real estate, the sponsoring broker shall
disclose  in  writing  to  a  client  the   fact   that   the
compensation is being paid by both buyer and seller or lessee
and lessor.
    (e)  Nothing  in  the  Act shall prohibit the cooperation
with or a payment of compensation to a person  not  domiciled
in  this State who is licensed as a real estate broker in his
or her state of domicile.

    Section 10-15.  No compensation to persons  in  violation
of Act; compensation to unlicensed persons; consumer.
    (a)  No compensation may be paid to any unlicensed person
in  exchange for the person performing licensed activities in
violation of this Act.
    (b)  No action or suit shall be instituted, nor  recovery
therein  be  had,  in  any court of this State by any person,
partnership,  registered   limited   liability   partnership,
limited  liability  company,  or corporation for compensation
for  any  act  done  or  service  performed,  the  doing   or
performing  of  which is prohibited by this Act to other than
licensed brokers, salespersons, or leasing agents unless  the
person,    partnership,    registered    limited    liability
partnership,  limited  liability  company, or corporation was
duly licensed hereunder as a broker, salesperson, or  leasing
agent  under  this Act at the time that any such act was done
or service performed that would  give  rise  to  a  cause  of
action for compensation.
    (c)  A licensee may offer compensation, including prizes,
merchandise,   services,   rebates,   discounts,   or   other
consideration  to  an  unlicensed  person who is a party to a
contract to buy or sell real  estate  or  is  a  party  to  a
contract  for  the lease of real estate, so long as the offer
complies  with  the  provisions  of   subdivision   (26)   of
subsection (h) of Section 20-20 of this Act.
    (d)  A  licensee  may  offer cash, gifts, prizes, awards,
coupons, merchandise, rebates or chances to  win  a  game  of
chance,  if  not prohibited by any other law or statute, to a
consumer as  an  inducement  to  that  consumer  to  use  the
services of the licensee even if the licensee and consumer do
not  ultimately  enter  into  a broker-client relationship so
long as the offer complies with the provisions of subdivision
(26) of subsection (h) of Section 20-20 of this Act.

    Section 10-20.  Sponsoring broker; employment agreement.
    (a)  A licensee may perform activities as a licensee only
for his or her sponsoring broker.  A licensee must have  only
one sponsoring broker at any one time.
    (b)  Every   broker  who  employs  licensees  or  has  an
independent contractor relationship  with  a  licensee  shall
have  a written employment agreement with each such licensee.
The broker having this written employment agreement with  the
licensee must be that licensee's sponsoring broker.
    (c)  Every   sponsoring   broker   must  have  a  written
employment agreement with each licensee the broker  sponsors.
The  agreement  shall  address  the employment or independent
contractor relationship terms, including  without  limitation
supervision, duties, compensation, and termination.
    (d)  Every   sponsoring   broker   must  have  a  written
employment agreement with each  licensed  personal  assistant
who  assists  a  licensee sponsored by the sponsoring broker.
This requirement applies to all licensed personal  assistants
whether  or  not  they  perform  licensed activities in their
capacity as a personal assistant. The agreement shall address
the employment or independent contractor relationship  terms,
including    without    limitation    supervision,    duties,
compensation, and termination.
    (e)  Notwithstanding  the  fact  that a sponsoring broker
has an employment agreement with  a  licensee,  a  sponsoring
broker  may pay compensation directly to a corporation solely
owned by that licensee that has been formed for  the  purpose
of   receiving  compensation  earned  by  the  licensee.    A
corporation formed for the  purpose  herein  stated  in  this
subsection  (e)  shall  not  be required to be licensed under
this Act so long as the person who is the sole shareholder of
the corporation is licensed.

    Section 10-25.  Expiration  of  brokerage  agreement.  No
licensee  shall  obtain  any written brokerage agreement that
does not provide for automatic expiration within  a  definite
period  of  time.   No  notice  of  termination  at the final
expiration thereof shall be required.  Any written  brokerage
agreement not containing a provision for automatic expiration
shall  be void.  When the license of any sponsoring broker is
suspended or  revoked,   any  brokerage  agreement  with  the
sponsoring   broker  shall  be  deemed  to  expire  upon  the
effective date of the suspension or revocation.

    Section  10-27.  Disclosure  of  licensee  status.   Each
licensee shall disclose, in writing, his or her status  as  a
licensee to all parties in a transaction when the licensee is
selling,  leasing,  or  purchasing  any  interest,  direct or
indirect, in the real estate  that  is  the  subject  of  the
transaction.

    Section 10-30.  Advertising.
    (a)  No   advertising  shall  be  fraudulent,  deceptive,
inherently  misleading,  or  proven  to  be   misleading   in
practice.   It  shall  be considered misleading or untruthful
if, when taken as a whole, there is a distinct and reasonable
possibility that it will be misunderstood or will deceive the
ordinary  purchaser,  seller,  lessee,  lessor,   or   owner.
Advertising   shall  contain  all  information  necessary  to
communicate the information contained therein to  the  public
in a direct and readily comprehensible manner.
    (b)  No  blind advertisements may be used by any licensee
except as provided for in this Section.
    (c)  A  licensee  shall  disclose,  in  writing,  to  all
parties in a transaction his or her status as a licensee  and
any and all interest the licensee has or may have in the real
estate  constituting  the subject matter thereof, directly or
indirectly, according to the following guidelines:
         (1)  On   broker   yard   signs   or    in    broker
    advertisements,  no disclosure of ownership is necessary.
    However, the ownership shall be indicated on any property
    data form and disclosed  to  persons  responding  to  any
    advertisement  or  any  sign.  The term "broker owned" or
    "agent owned" is sufficient disclosure.
         (2)  A sponsored or inoperative licensee selling  or
    leasing  property,  owned  solely  by  the  sponsored  or
    inoperative   licensee,   without   utilizing   brokerage
    services   of   their  sponsoring  broker  or  any  other
    licensee, may advertise "By Owner".  For purposes of this
    Section, property is "solely owned"  by  a  sponsored  or
    inoperative  licensee  if  he  or  she  (i)  has  a  100%
    ownership  interest  alone, (ii) has ownership as a joint
    tenant or tenant by the entirety, or (iii) holds  a  100%
    beneficial  interest  in  a  land  trust.   Sponsored  or
    inoperative licensees selling or leasing "By Owner" shall
    comply with the following if advertising by owner:
              (A)  On "By Owner" yard signs, the sponsored or
         inoperative  licensee  shall indicate "broker owned"
         or "agent owned."  "By Owner" advertisements used in
         any medium of advertising  shall  include  the  term
         "broker owned" or "agent owned."
              (B)  If  a  sponsored  or  inoperative licensee
         runs advertisements, for the purpose  of  purchasing
         or  leasing real estate, he or she shall disclose in
         the advertisements his or her status as a licensee.
              (C)  A sponsored or inoperative licensee  shall
         not   use   the  sponsoring  broker's  name  or  the
         sponsoring broker's company name in connection  with
         the  sale,  lease,  or advertisement of the property
         nor utilize the  sponsoring  broker's  or  company's
         name   in   connection  with  the  sale,  lease,  or
         advertising of the property in a  manner  likely  to
         create  confusion  among the public as to whether or
         not the services of a real estate company are  being
         utilized or whether or not a real estate company has
         an ownership interest in the property.
    (d)  A  sponsored licensee may not advertise under his or
her  own  name.    Advertising  shall  be  under  the  direct
supervision of the sponsoring or managing broker and  in  the
sponsoring  broker's  business  name,  which in the case of a
franchise shall include the franchise affiliation as well  as
the  name  of  the  individual firm.  This provision does not
apply under the following circumstances:
         (1)  When  a  licensee  enters  into   a   brokerage
    agreement relating to his or her own real estate, or real
    estate in which he or she has an ownership interest, with
    another licensed broker; or
         (2)  When  a  licensee  is selling or leasing his or
    her own real estate or buying or leasing real estate  for
    himself  or  herself,  after  providing  the  appropriate
    written  disclosure  of  his or her ownership interest as
    required in paragraph  (2)  of  subsection  (c)  of  this
    Section.
    (e)  No  licensee  shall  list  his or her name under the
heading or title "Real Estate" in the telephone directory  or
otherwise  advertise  in  his  or her own name to the general
public through any medium of advertising as being in the real
estate  business  without  listing  his  or  her   sponsoring
broker's business name.
    (f)  The  sponsoring  broker's business name and the name
of the licensee must appear in all advertisements,  including
business  cards.   Nothing  in this Act shall be construed to
require specific print size as between the broker's  business
name and the name of the licensee.

              ARTICLE 15.  AGENCY RELATIONSHIPS

    Section 15-5.  Legislative intent.
    (a)  The  General  Assembly finds that application of the
common law of agency to the relationships among  real  estate
brokers   and  salespersons  and  consumers  of  real  estate
brokerage services  has  resulted  in  misunderstandings  and
consequences that have been contrary to the best interests of
the public.  The General Assembly further finds that the real
estate  brokerage  industry has a significant impact upon the
economy of the State of Illinois and that it is in  the  best
interest  of  the  public  to  provide  codification  of  the
relationships  between  real  estate brokers and salespersons
and consumers of real estate brokerage services in  order  to
prevent  detrimental misunderstandings and misinterpretations
of the relationships by consumers, real estate  brokers,  and
salespersons  and  thus  promote and provide stability in the
real estate market.  This Article 15 is enacted to govern the
relationships between  consumers  of  real  estate  brokerage
services  and  real  estate  brokers  and salespersons to the
extent  not  governed  by  an  individual  written  agreement
between a sponsoring broker and a  consumer,  providing  that
there  is  a  relationship other than designated agency. This
Article 15  applies  to  the  exclusion  of  the  common  law
concepts  of principal and agent and to the fiduciary duties,
which have been applied to real estate brokers, salespersons,
and real estate brokerage services.
    (b)  The General Assembly further finds that this Article
15  is  not  intended  to  prescribe  or  affect  contractual
relationships between real estate brokers  and  the  broker's
affiliated licensees.
    (c)  This  Article  15  may  serve as a basis for private
rights of action and defenses by sellers, buyers,  landlords,
tenants,  real  estate brokers, and real estate salespersons.
The private rights of action, however, do not extend  to  the
provisions of any other Articles of this Act.

    Section   15-10.   Relationships  between  licensees  and
consumers. Licensees shall be considered to  be  representing
the  consumer they are working with as a designated agent for
the consumer unless:
         (1)  there  is  a  written  agreement  between   the
    sponsoring  broker  and the consumer providing that there
    is a different relationship; or
         (2)  the licensee  is  performing  only  ministerial
    acts on behalf of the consumer.

    Section 15-15.  Duties of licensees representing clients.
    (a)  A licensee representing a client shall:
         (1)  Perform  the  terms  of the brokerage agreement
    between a broker and the client.
         (2)  Promote the best interest of the client by:
              (A)  Seeking a transaction  at  the  price  and
         terms  stated  in  the  brokerage  agreement or at a
         price and terms otherwise acceptable to the client.
              (B)  Timely presenting all offers to  and  from
         the client, unless the client has waived this duty.
              (C)  Disclosing  to  the  client material facts
         concerning the transaction of which the licensee has
         actual  knowledge,  unless   that   information   is
         confidential  information.   Material  facts  do not
         include the following when located on or related  to
         real   estate   that  is  not  the  subject  of  the
         transaction: (i) physical  conditions  that  do  not
         have  a  substantial  adverse effect on the value of
         the real estate,  (ii)  fact  situations,  or  (iii)
         occurrences.
              (D)  Timely   accounting   for  all  money  and
         property received in which the client has, may have,
         or should have had an interest.
              (E)  Obeying specific directions of the  client
         that   are  not  otherwise  contrary  to  applicable
         statutes, ordinances, or rules.
              (F)  Acting  in  a   manner   consistent   with
         promoting  the client's best interests as opposed to
         a licensee's or any other person's self-interest.
         (3)  Exercise  reasonable  skill  and  care  in  the
    performance of brokerage services.
         (4)  Keep confidential all confidential  information
    received from the client.
         (5)  Comply  with  all  requirements of this Act and
    all  applicable  statutes  and   regulations,   including
    without   limitation   fair   housing  and  civil  rights
    statutes.
    (b)  A licensee representing a client does not  breach  a
duty  or  obligation  to  the  client  by showing alternative
properties to prospective buyers or  tenants  or  by  showing
properties  in  which  the  client  is  interested  to  other
prospective buyers or tenants.
    (c)  A  licensee  representing  a  buyer or tenant client
will not be presumed to have breached a duty or obligation to
that client by working on the basis that  the  licensee  will
receive  a higher fee or compensation based on higher selling
price or lease cost.
    (d)  A licensee shall not  be  liable  to  a  client  for
providing  false  information  to  the  client  if  the false
information was provided to the licensee by a customer unless
the licensee knew or should have known  the  information  was
false.
    (e)  Nothing   in  the  Section  shall  be  construed  as
changing a licensee's duty under common law as  to  negligent
or fraudulent misrepresentation of material information.

    Section  15-20.   Failure  to  disclose  information  not
affecting  physical condition. No cause of action shall arise
against a licensee for the failure to disclose: (i)  that  an
occupant   of   the   property   was   afflicted  with  Human
Immunodeficiency Virus (HIV) or any other  medical  condition
(ii)  that  the property was the site of an act or occurrence
that had no effect on the physical condition of the  property
or  its  environment or the structures located thereon; (iii)
fact situations on property that is not the  subject  of  the
transaction;  or (iv) physical conditions located on property
that is not the subject of the transaction that do not have a
substantial adverse effect on the value of  the  real  estate
that is the subject of the transaction.

    Section 15-25.  Licensee's relationship with customers.
    (a)  Licensees  shall  treat  all  customers honestly and
shall  not  negligently  or   knowingly   give   them   false
information.   A  licensee  engaged  by a seller client shall
timely disclose to customers who are prospective  buyers  all
latent  material  adverse  facts  pertaining  to the physical
condition of the property that  are  actually  known  by  the
licensee  and  that  could  not be discovered by a reasonably
diligent inspection of  the  property  by  the  customer.   A
licensee  shall  not  be  liable  to a customer for providing
false information to the customer if  the  false  information
was provided to the licensee by the licensee's client and the
licensee  did  not have actual knowledge that the information
was false.  No cause of action shall arise on behalf  of  any
person  against  a  licensee  for  revealing  information  in
compliance with this Section.
    (b)  A  licensee  representing  a client in a real estate
transaction  may  provide  assistance  to   a   customer   by
performing  ministerial  acts.   Performing those ministerial
acts shall not be construed in a manner  that  would  violate
the brokerage agreement with the client, and performing those
ministerial acts for the customer shall not be construed in a
manner as to form a brokerage agreement with the customer.

    Section  15-30.   Duties  after  termination of brokerage
agreement. Except as may be provided in a  written  agreement
between  the  broker  and  the  client,  neither a sponsoring
broker nor any licensee affiliated with the sponsoring broker
owes any further duties  to  the  client  after  termination,
expiration,  or  completion  of  performance of the brokerage
agreement, except:
         (1)  to account for all moneys and property relating
    to the transaction; and
         (2)  to   keep   confidential    all    confidential
    information  received  during the course of the brokerage
    agreement.

    Section 15-35.  Agency relationship disclosure.
    (a)  A consumer shall be  advised  of  the  following  no
later  than  entering  into  a  brokerage  agreement with the
sponsoring broker:
         (1)  That a designated agency  relationship  exists,
    unless  there is written agreement between the sponsoring
    broker  and  the  consumer  providing  for  a   different
    brokerage relationship.
         (2)  The  name  or  names  of  his or her designated
    agent or agents in writing.
         (3)  The sponsoring broker's compensation and policy
    with regard to cooperating  with  brokers  who  represent
    other parties in a transaction.
    (b)  A  licensee  shall disclose in writing to a customer
that the licensee is not acting as the agent of the  customer
at  a  time  intended  to  prevent disclosure of confidential
information from a customer to a licensee, but  in  no  event
later  than  the preparation of an offer to purchase or lease
real  property.   This  subsection  (b)  does  not  apply  to
residential lease or rental transactions unless the lease  or
rental agreement includes an option to purchase real estate.

    Section  15-40.   Compensation does not determine agency.
Compensation does not  determine  agency  relationship.   The
payment  or  promise of payment of compensation to a licensee
is not determinative of whether an  agency  relationship  has
been created between any licensee and a consumer.

    Section 15-45.  Dual agency.
    (a)  A  licensee  may  act  as a dual agent only with the
informed written consent of all clients.    Informed  written
consent  shall  be  presumed to have been given by any client
who signs a document that includes the following:
         "The undersigned (insert name(s)), ("Licensee"), may
    undertake  a  dual  representation  (represent  both  the
    seller or landlord and the buyer or tenant) for the  sale
    or  lease  of property.  The undersigned acknowledge they
    were  informed  of  the  possibility  of  this  type   of
    representation.  Before signing this document please read
    the  following:  Representing  more  than  one party to a
    transaction presents a conflict of  interest  since  both
    clients  may rely upon Licensee's advice and the client's
    respective  interests  may  be  adverse  to  each  other.
    Licensee will undertake this representation only with the
    written consent of ALL clients in  the  transaction.  Any
    agreement  between  the  clients  as  to a final contract
    price and other terms is a result of negotiations between
    the clients acting in their own  best  interests  and  on
    their  own  behalf.   You  acknowledge  that Licensee has
    explained  the  implications  of   dual   representation,
    including  the  risks  involved,  and understand that you
    have been advised to seek independent  advice  from  your
    advisors  or  attorneys  before  signing any documents in
    this transaction.
             WHAT A LICENSEE CAN DO FOR CLIENTS
                 WHEN ACTING AS A DUAL AGENT
    1.  Treat all clients honestly.
    2.  Provide information about the property to  the  buyer
    or tenant.
    3.  Disclose  all latent material defects in the property
    that are known to the Licensee.
    4.  Disclose financial  qualification  of  the  buyer  or
    tenant to the seller or landlord.
    5.  Explain real estate terms.
    6.  Help  the  buyer  or  tenant  to arrange for property
    inspections.
    7.  Explain closing costs and procedures.
    8.  Help the buyer compare financing alternatives.
    9.  Provide information about comparable properties  that
    have  sold so both clients may make educated decisions on
    what price to accept or offer.
        WHAT LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN
                   ACTING AS A DUAL AGENT
    1.  Confidential information that Licensee may know about
    a client, without that client's permission.
    2.  The price the seller or landlord will take other than
    the listing price without permission  of  the  seller  or
    landlord.
    3.  The  price  the  buyer  or  tenant  is willing to pay
    without permission of the buyer or tenant.
    4.  A recommended or suggested price the buyer or  tenant
    should offer.
    5.  A  recommended  or  suggested  price  the  seller  or
    landlord should counter with or accept.
         If   either   client   is  uncomfortable  with  this
    disclosure and dual representation, please  let  Licensee
    know.  You  are not required to sign this document unless
    you want to allow Licensee to proceed as a Dual Agent  in
    this  transaction. By signing below, you acknowledge that
    you have read and understand this  form  and  voluntarily
    consent  to  Licensee acting as a Dual Agent (that is, to
    represent BOTH the seller or landlord and  the  buyer  or
    tenant) should that become necessary."
    (b)  The  dual  agency  disclosure  form  provided for in
subsection (a)  of  this  Section  must  be  presented  by  a
licensee,  who  offers  dual representation, to the client at
the time the brokerage agreement is entered into and  may  be
signed  by  the client at that time or at any time before the
licensee acts as a dual agent as to the client.
    (c)  A licensee acting in a dual  agency  capacity  in  a
transaction  must  obtain  a  written  confirmation  from the
licensee's clients of their prior consent for the licensee to
act as a dual agent in  the  transaction.  This  confirmation
should  be obtained at the time the clients are executing any
offer or contract to purchase or lease in  a  transaction  in
which   the  licensee  is  acting  as  a  dual  agent.   This
confirmation may be included in another document, such  as  a
contract  to purchase, in which case the client must not only
sign the document but also initial the confirmation  of  dual
agency   provision.   That  confirmation  must  state,  at  a
minimum, the following:
         "The undersigned confirm that they  have  previously
    consented  to (insert name(s)), ("Licensee"), acting as a
    Dual Agent  in  providing  brokerage  services  on  their
    behalf  and  specifically consent to Licensee acting as a
    Dual Agent in regard to the transaction  referred  to  in
    this document."
    (d)  No  cause  of  action  shall  arise on behalf of any
person against a dual agent for making disclosures allowed or
required by  this  Article,  and  the  dual  agent  does  not
terminate  any  agency  relationship by making the allowed or
required disclosures.
    (e)  In the case of dual  agency,  each  client  and  the
licensee  possess  only  actual  knowledge  and  information.
There  shall  be  no  imputation  of knowledge or information
among  or  between  clients,  brokers,  or  their  affiliated
licensees.
    (f)  In any transaction, a licensee may without liability
withdraw from representing a client who has not consented  to
a  disclosed dual agency.  The withdrawal shall not prejudice
the ability of the licensee  to  continue  to  represent  the
other  client  in  the transaction or limit the licensee from
representing  the  client  in  other  transactions.   When  a
withdrawal as contemplated in this subsection (f) occurs, the
licensee shall not receive a referral  fee  for  referring  a
client  to another licensee unless written disclosure is made
to both the withdrawing client and the client that  continues
to be represented by the licensee.

    Section 15-50.  Designated agency.
    (a)  A  sponsoring broker entering into an agreement with
any person for the listing of property or for the purpose  of
representing  any  person in the buying, selling, exchanging,
renting, or leasing of real estate may specifically designate
those licensees employed by or affiliated with the sponsoring
broker who will be acting as legal agents of that  person  to
the   exclusion   of  all  other  licensees  employed  by  or
affiliated with the sponsoring broker.  A  sponsoring  broker
entering  into  an  agreement  under  the  provisions of this
Section shall not be considered to be acting  for  more  than
one  party  in  a  transaction  if the licensees specifically
designated as legal agents of a person are  not  representing
more than one party in a transaction.
    (b)  A sponsoring broker designating affiliated licensees
to act as agents of clients shall take ordinary and necessary
care  to  protect  confidential  information  disclosed  by a
client to his or her designated agent.
    (c)  A designated  agent  may  disclose  to  his  or  her
sponsoring  broker  or  persons  specified  by the sponsoring
broker confidential information of a client for  the  purpose
of seeking advice or assistance for the benefit of the client
in   regard   to   a   possible  transaction.    Confidential
information shall not be disclosed by the  sponsoring  broker
or  other  specified  representative of the sponsoring broker
unless  otherwise  required  by  this  Act  or  requested  or
permitted  by  the  client  who  originally   disclosed   the
confidential information.

    Section  15-55.  No subagency. A broker is not considered
to be a subagent of a client  of  another  broker  solely  by
reason of membership or other affiliation by the brokers in a
multiple listing service or other similar information source,
and  an offer of subagency may not be made through a multiple
listing service or other similar information source.

    Section 15-60.  Vicarious liability. A consumer shall not
be vicariously liable for the acts or omissions of a licensee
in providing licensed activities for  or  on  behalf  of  the
consumer.

    Section 15-65.  Regulatory enforcement. Nothing contained
in  this  Article  limits OBRE in its regulation of licensees
under other Articles of this Act and  the  substantive  rules
adopted  by  OBRE.   OBRE,  with  the advice of the Board, is
authorized to promulgate any rules that may be necessary  for
the implementation and enforcement of this Article 15.

    Section 15-70.  Actions for damages.
    (a)  In  any  action  brought  under this Article 15, the
court may, in its discretion, award only actual  damages  and
court costs or grant injunctive relief, when appropriate.
    (b)  Any  action  under  this Article 15 shall be forever
barred unless commenced  within  2  years  after  the  person
bringing  the  action knew or should reasonably have known of
such act or omission.   In  no  event  shall  the  action  be
brought  more than 5 years after the date on which the act or
omission occurred.  If  the  person  entitled  to  bring  the
action  is  under the age of 18 or under legal disability the
period of limitations  shall  not  begin  to  run  until  the
disability is removed.

             ARTICLE 20. DISCIPLINARY PROVISIONS

    Section 20-5.  Index of decisions. OBRE shall maintain an
index  of formal decisions regarding the issuance, refusal to
issue, renewal, refusal to renew, revocation, and  suspension
of  licenses  and  probationary  or other disciplinary action
taken under this Act on or  after  December  31,  1999.   The
decisions  shall  be  indexed  according  to  the Sections of
statutes and the administrative rules, if any, that  are  the
basis  for the decision.  The index shall be available to the
public during regular business hours.

    Section 20-10.  Unlicensed practice; civil penalty.
    (a)  Any  person  who  practices,  offers  to   practice,
attempts  to  practice, or holds oneself out to practice as a
real estate broker, real estate salesperson, or leasing agent
without being licensed under this Act shall, in  addition  to
any  other  penalty provided by law, pay a civil fine to OBRE
in an amount not  to  exceed  $25,000  for  each  offense  as
determined by OBRE.  The civil fine shall be assessed by OBRE
after a hearing is held in accordance with the provisions set
forth  in  this  Act regarding the provision of a hearing for
the discipline of a license.
    (b)  OBRE has the authority and power to investigate  any
and all unlicensed activity.
    (c)  The  civil  fine  shall be paid within 60 days after
the effective date of the order imposing the civil fine.  The
order shall constitute a  judgement  and  may  be  filed  and
execution  had  thereon  in the same manner from any court of
record.

    Section 20-15.  Violations. The commission  of  a  single
act  prohibited  by  this  Act  or  prohibited  by  the rules
promulgated under this Act or a violation of  a  disciplinary
order  issued  under this Act constitutes a violation of this
Act.

    Section 20-20.  Disciplinary actions;  causes.  OBRE  may
refuse  to  issue or renew a license, may place on probation,
suspend, or revoke any license, or may censure, reprimand, or
otherwise discipline or impose a civil  fine  not  to  exceed
$25,000  upon  any  licensee  hereunder  for  any  one or any
combination of the following causes:
    (a)  When the applicant or  licensee  has,  by  false  or
fraudulent  representation,  obtained  or  sought to obtain a
license.
    (b)  When the applicant or licensee has been convicted of
any crime, an essential element of  which  is  dishonesty  or
fraud or larceny, embezzlement, or obtaining money, property,
or  credit  by  false  pretenses  or by means of a confidence
game, has been convicted in this or another state of a  crime
that  is  a  felony under the laws of this State, or has been
convicted of a felony in a federal court.
    (c)  When the applicant or licensee has been adjudged  to
be  a person under legal disability or subject to involuntary
admission or to meet the standard for judicial  admission  as
provided  in the Mental Health and Developmental Disabilities
Code.
    (d)  When the licensee performs or  attempts  to  perform
any  act  as  a  broker  or  salesperson  in  a  retail sales
establishment from an office, desk,  or  space  that  is  not
separated  from  the  main  retail business by a separate and
distinct area within the establishment.
    (e)  Discipline of  a  licensee  by  another  state,  the
District  of  Columbia,  a  territory,  a  foreign  nation, a
governmental agency, or any other entity authorized to impose
discipline if at least one of the grounds for that discipline
is the same as or the equivalent of one of  the  grounds  for
discipline  set  forth  in  this  Act, in which case the only
issue will be whether one of the grounds for that  discipline
is  the  same  or  equivalent  to  one  of  the  grounds  for
discipline under this Act.
    (f)  When  the  applicant or licensee has engaged in real
estate activity without a license  or  after  the  licensee's
license was expired or while the license was inoperative.
    (g)  When  the  applicant or licensee attempts to subvert
or cheat on  the  Real  Estate  License  Exam  or  continuing
education  exam  or aids and abets an applicant to subvert or
cheat on the Real Estate License Exam or continuing education
exam administered pursuant to this Act.
    (h)  When  the  licensee  in  performing,  attempting  to
perform, or pretending  to  perform  any  act  as  a  broker,
salesperson,  or  leasing  agent  or  when  the  licensee  in
handling  his  or  her  own  property,  whether held by deed,
option, or otherwise, is found guilty of:
         (1)  Making  any  substantial  misrepresentation  or
    untruthful advertising.
         (2)  Making any false promises of a character likely
    to influence, persuade, or induce.
         (3)  Pursuing a continued  and  flagrant  course  of
    misrepresentation or the making of false promises through
    licensees, employees, agents, advertising, or otherwise.
         (4)  Any  misleading  or  untruthful advertising, or
    using any trade name or insignia  of  membership  in  any
    real  estate  organization of which the licensee is not a
    member.
         (5)  Acting for more than one party in a transaction
    without providing written notice to all parties for  whom
    the licensee acts.
         (6)  Representing   or  attempting  to  represent  a
    broker other than the sponsoring broker.
         (7)  Failure to account for or to remit  any  moneys
    or  documents  coming  into  his  or  her possession that
    belong to others.
         (8)  Failure to maintain and deposit  in  a  special
    account,  separate  and  apart  from  personal  and other
    business accounts, all escrow moneys belonging to  others
    entrusted  to  a  licensee  while acting as a real estate
    broker, escrow agent, or temporary custodian of the funds
    of others or failure to maintain  all  escrow  moneys  on
    deposit   in  the  account  until  the  transactions  are
    consummated or terminated, except to the extent that  the
    moneys,  or any part thereof, shall be disbursed prior to
    the consummation or termination in  accordance  with  (i)
    the   written   direction   of   the  principals  to  the
    transaction  or  their  duly  authorized   agents,   (ii)
    directions   providing   for  the  release,  payment,  or
    distribution of escrow moneys contained  in  any  written
    contract  signed  by the principals to the transaction or
    their duly authorized agents, or  (iii)  pursuant  to  an
    order  of  a court of competent jurisdiction. The account
    shall be noninterest bearing, unless the character of the
    deposit is such  that  payment  of  interest  thereon  is
    otherwise required by law or unless the principals to the
    transaction  specifically  require,  in writing, that the
    deposit be placed in an interest bearing account.
         (9)  Failure to make available to  the  real  estate
    enforcement  personnel  of  OBRE  during  normal business
    hours all escrow records and related documents maintained
    in connection with the practice of real estate within  24
    hours of a request for those documents by OBRE personnel.
         (10)  Failing  to furnish copies upon request of all
    documents relating to a real estate  transaction  to  all
    parties executing them.
         (11)  Failure  of  a  sponsoring  broker  to  timely
    provide  information,  sponsor  cards,  or termination of
    licenses to OBRE.
         (12)  Engaging  in   dishonorable,   unethical,   or
    unprofessional  conduct of a character likely to deceive,
    defraud, or harm the public.
         (13)  Commingling the money or  property  of  others
    with his or her own.
         (14)  Employing  any person on a purely temporary or
    single deal basis as a means of evading the law regarding
    payment   of   commission   to   nonlicensees   on   some
    contemplated transactions.
         (15)  Permitting the use of his or her license as  a
    broker  to  enable  a salesperson or unlicensed person to
    operate   a   real   estate   business   without   actual
    participation therein and control thereof by the broker.
         (16)  Any other conduct, whether of the  same  or  a
    different  character from that specified in this Section,
    that constitutes dishonest dealing.
         (17)  Displaying a "for rent" or "for sale" sign  on
    any  property  without the written consent of an owner or
    his or her duly authorized agent or  advertising  by  any
    means  that  any property is for sale or for rent without
    the written consent of the owner or his or her authorized
    agent.
         (18)  Failing to provide  information  requested  by
    OBRE, within 30 days of the request, either as the result
    of  a formal or informal complaint to OBRE or as a result
    of a random audit conducted by OBRE, which would indicate
    a violation of this Act.
         (19)  Advertising by means of a blind advertisement,
    except as otherwise permitted in Section  10-30  of  this
    Act.
         (20)  Offering guaranteed sales plans, as defined in
    clause (A) of this subdivision (20), except to the extent
    hereinafter set forth:
              (A)  A  "guaranteed  sales  plan"  is  any real
         estate purchase or sales  plan  whereby  a  licensee
         enters  into  a conditional or unconditional written
         contract with a seller  by  the  terms  of  which  a
         licensee agrees to purchase a property of the seller
         within  a  specified  period  of  time at a specific
         price in the event  the  property  is  not  sold  in
         accordance  with  the  terms  of  a listing contract
         between the sponsoring broker and the seller  or  on
         other terms acceptable to the seller.
              (B)  A  licensee  offering  a  guaranteed sales
         plan shall provide the details and conditions of the
         plan in writing to the party to  whom  the  plan  is
         offered.
              (C)  A  licensee  offering  a  guaranteed sales
         plan shall provide to the party to whom the plan  is
         offered  evidence  of sufficient financial resources
         to satisfy the commitment to purchase undertaken  by
         the broker in the plan.
              (D)  Any  licensee  offering a guaranteed sales
         plan shall undertake to market the property  of  the
         seller  subject  to  the  plan in the same manner in
         which the broker would market  any  other  property,
         unless   the  agreement  with  the  seller  provides
         otherwise.
              (E)  Any licensee who fails  to  perform  on  a
         guaranteed  sales plan in strict accordance with its
         terms shall be subject to all the penalties provided
         in this Act for violations thereof and, in addition,
         shall be subject to a  civil  fine  payable  to  the
         party  injured  by the default in an amount of up to
         $25,000.
         (21)  Influencing or attempting to influence, by any
    words or acts, a prospective seller, purchaser, occupant,
    landlord, or tenant of real estate,  in  connection  with
    viewing, buying, or leasing real estate, so as to promote
    or  tend  to  promote  the  continuance or maintenance of
    racially and religiously segregated housing or so  as  to
    retard,   obstruct,  or  discourage  racially  integrated
    housing on or in  any  street,  block,  neighborhood,  or
    community.
         (22)  Engaging   in   any  act  that  constitutes  a
    violation of any provision of Article 3 of  the  Illinois
    Human  Rights  Act,  whether  or not a complaint has been
    filed with or adjudicated by the Human Rights Commission.
         (23)  Inducing any party to a contract  of  sale  or
    lease  or  brokerage  agreement  to break the contract of
    sale or lease or brokerage agreement for the  purpose  of
    substituting, in lieu thereof, a new contract for sale or
    lease or brokerage agreement with a third party.
         (24)  Negotiating a sale, exchange, or lease of real
    estate  directly  with  any  person if the licensee knows
    that  the  person  has  a  written  exclusive   brokerage
    agreement   with   another  broker,  unless  specifically
    authorized by that broker.
         (25)  When a licensee is also an attorney, acting as
    the attorney for either the buyer or the  seller  in  the
    same  transaction  in which the licensee is acting or has
    acted as a broker or salesperson.
         (26)  Advertising   or   offering   merchandise   or
    services  as  free  if  any  conditions  or   obligations
    necessary  for  receiving the merchandise or services are
    not disclosed in the same advertisement or offer.   These
    conditions  or obligations include without limitation the
    requirement  that  the  recipient  attend  a  promotional
    activity or visit a real estate site.  As  used  in  this
    subdivision  (26), "free" includes terms such as "award",
    "prize", "no charge", "free of charge", "without charge",
    and similar words  or  phrases  that  reasonably  lead  a
    person  to believe that he or she may receive or has been
    selected to  receive  something  of  value,  without  any
    conditions or obligations on the part of the recipient.
         (27)  Disregarding or violating any provision of the
    Land  Sales  Registration  Act of 1989, the Illinois Real
    Estate Time-Share Act, or the published rules promulgated
    by OBRE to enforce those Acts.
         (28)  Violating the terms of  a  disciplinary  order
    issued by OBRE.
         (29)  Paying compensation in violation of Article 10
    of this Act.
         (30)  Requiring  a party to a transaction who is not
    a client of the licensee to allow the licensee to  retain
    a  portion  of  the  escrow  moneys  for  payment  of the
    licensee's commission or  expenses  as  a  condition  for
    release of the escrow moneys to that party.
         (31)  Disregarding  or  violating  any  provision of
    this Act or the published rules promulgated  by  OBRE  to
    enforce  this  Act  or aiding or abetting any individual,
    partnership, registered  limited  liability  partnership,
    limited liability company, or corporation in disregarding
    any   provision  of  this  Act  or  the  published  rules
    promulgated by OBRE to enforce this Act.

    Section 20-25.  Returned checks;  fees.  Any  person  who
delivers a check or other payment to OBRE that is returned to
OBRE  unpaid  by  the  financial institution upon which it is
drawn shall pay to OBRE, in addition to  the  amount  already
owed to OBRE, a fee of $50.  The fees imposed by this Section
are  in  addition to any other discipline provided under this
Act for unlicensed  practice  or  practice  on  a  nonrenewed
license.  OBRE  shall  notify the person that payment of fees
and fines shall be paid to OBRE by certified check  or  money
order within 30 calendar days of the notification.  If, after
the  expiration of 30 days from the date of the notification,
the person has failed to  submit  the  necessary  remittance,
OBRE  shall  automatically  terminate the license or deny the
application,  without  hearing.   If,  after  termination  or
denial, the person seeks a license, he or she shall apply  to
OBRE  for  restoration or issuance of the license and pay all
fees and fines due to OBRE. OBRE may establish a fee for  the
processing  of an application for restoration of a license to
pay  all  expenses  of  processing  this  application.    The
Commissioner  may  waive  the  fees due under this Section in
individual cases where the Commissioner finds that  the  fees
would be unreasonable or unnecessarily burdensome.

    Section  20-30.  Standards of practice of leasing agents;
disciplinary procedures. OBRE may by rule, with the advice of
the Board, prescribe standards of practice to be followed  by
licensed leasing agents.  Standards of practice shall include
without  limitation acts or omissions that leasing agents are
prohibited from engaging  in,  disciplinary  procedures,  and
penalties for violating provisions of this Act.  Disciplinary
procedures  shall  conform  with  disciplinary procedures for
licensed real estate brokers and  salespersons.    Complaints
shall be heard as provided for in this Act.

    Section  20-35.   Violations of tax Acts. OBRE may refuse
to issue or renew or may suspend the license  of  any  person
who fails to file a return, pay the tax, penalty, or interest
shown  in a filed return, or pay any final assessment of tax,
penalty, or interest, as required by any tax Act administered
by  the  Department  of  Revenue,  until  such  time  as  the
requirements of any such tax Act are satisfied.

    Section 20-40.  Disciplinary action for educational  loan
defaults.  OBRE shall deny a license or renewal authorized by
this Act to a person who has defaulted on an educational loan
or scholarship provided or guaranteed by the Illinois Student
Assistance Commission or  any  governmental  agency  of  this
State;  however,  OBRE  may issue a license or renewal if the
person has established a  satisfactory  repayment  record  as
determined  by  the Illinois Student Assistance Commission or
other  appropriate  governmental  agency   of   this   State.
Additionally,  a  license  issued by OBRE may be suspended or
revoked if the Commissioner,  after  the  opportunity  for  a
hearing  under  this  Article,  finds  that  the licensee has
failed to make satisfactory repayment to the Illinois Student
Assistance Commission for a delinquent or defaulted loan.

    Section 20-45.  Nonpayment of child support. In cases  in
which  the Department of Public Aid has previously determined
that a licensee or a potential licensee is more than 30  days
delinquent   in   the   payment  of  child  support  and  has
subsequently certified the  delinquency  to  OBRE,  OBRE  may
refuse  to  issue  or  renew  or  may  revoke or suspend that
person's  license  or  may  take  other  disciplinary  action
against that person based solely upon  the  certification  of
delinquency   made   by   the   Department   of  Public  Aid.
Redetermination of the  delinquency  by  OBRE  shall  not  be
required.   In cases regarding the renewal of a license, OBRE
shall not renew any license if the Department of  Public  Aid
has certified the licensee to be more than 30 days delinquent
in  the  payment  of  child  support  unless the licensee has
arranged for  payment  of  past  and  current  child  support
obligations  in  a  manner  satisfactory to the Department of
Public Aid.  OBRE may  impose  conditions,  restrictions,  or
disciplinary action upon that renewal.

    Section  20-50.   Illegal discrimination.  When there has
been an adjudication in a civil or criminal proceeding that a
licensee has illegally discriminated  while  engaged  in  any
activity  for  which  a  license  is required under this Act,
OBRE, upon the recommendation of the Board as to  the  extent
of  the suspension or revocation, shall suspend or revoke the
license of that licensee  in  a  timely  manner,  unless  the
adjudication is in the appeal process. When there has been an
order in an administrative proceeding finding that a licensee
has illegally discriminated while engaged in any activity for
which  a  license  is  required  under  this  Act, OBRE, upon
recommendation of the Board as to the nature  and  extent  of
the  discipline,  shall  take one or more of the disciplinary
actions provided for in Section 20-20 of this Act in a timely
manner, unless the administrative  order  is  in  the  appeal
process.
    Section  20-55.   Illinois  Administrative Procedure Act.
The Illinois Administrative Procedure Act is hereby expressly
adopted and incorporated herein as if all of  the  provisions
of  that  Act  were  included  in  this  Act, except that the
provision of subsection (d) of Section 10-65 of the  Illinois
Administrative  Procedure  Act that provides that at hearings
the licensee has the right to show compliance with all lawful
requirements for retention, continuation, or renewal  of  the
license  is  specifically excluded.  For the purposes of this
Act, the notice required under  the  Illinois  Administrative
Procedure  Act  is  deemed sufficient when mailed to the last
known address of a party.

    Section   20-60.    Hearing;    investigation;    notice;
disciplinary consent order.
    (a)  OBRE  may  conduct  hearings  through the Board or a
duly appointed hearing officer  on  proceedings  to  suspend,
revoke,  or  to  refuse to issue or renew licenses of persons
applying for licensure or  licensed  under  this  Act  or  to
censure,  reprimand,  or  impose  a  civil fine not to exceed
$25,000 upon any licensee hereunder and may revoke,  suspend,
or  refuse  to  issue  or  renew  these  licenses or censure,
reprimand, or impose a civil fine not to exceed $25,000  upon
any licensee hereunder.
    (b)  Upon  the motion of either OBRE or the Board or upon
the verified complaint in  writing  of  any  persons  setting
forth  facts  that  if  proven  would  constitute grounds for
suspension or revocation under this Act, OBRE, the Board,  or
its  subcommittee  shall cause to be investigated the actions
of any person so accused who holds a license  or  is  holding
himself  or  herself  out  to  be a licensee.  This person is
hereinafter called the accused.
    (c)  Prior  to   initiating   any   formal   disciplinary
proceedings   resulting   from   an  investigation  conducted
pursuant to subsection (b) of this Section, that matter shall
be reviewed by a  subcommittee  of  the  Board  according  to
procedures established by rule. The subcommittee shall make a
recommendation  to  the  full Board as to the validity of the
complaint and may recommend that the Board not  proceed  with
formal   disciplinary   proceedings   if   the  complaint  is
determined to be frivolous or without merit.
    (d)  Except as provided for in Section 20-65 of this Act,
OBRE  shall,  before   suspending,   revoking,   placing   on
probationary  status, or taking any other disciplinary action
as OBRE may deem proper with regard to any license:
         (1)  notify the accused in writing at least 30  days
    prior to the date set for the hearing of any charges made
    and  the time and place for the hearing of the charges to
    be heard before the Board under oath; and
         (2)  inform the accused that upon failure to file an
    answer and request a hearing before the  date  originally
    set  for  the  hearing, default will be taken against the
    accused and his or her license may be suspended, revoked,
    or placed on probationary status, or  other  disciplinary
    action,  including  limiting the scope, nature, or extent
    of the accused's practice, as OBRE may deem  proper,  may
    be taken with regard thereto.
    In  case  the  person  fails  to  file  an  answer  after
receiving  notice,  his or her license may, in the discretion
of OBRE, be suspended, revoked,  or  placed  on  probationary
status,  or OBRE may take whatever disciplinary action deemed
proper, including limiting the scope, nature,  or  extent  of
the  person's practice or the imposition of a fine, without a
hearing, if the act or  acts  charged  constitute  sufficient
grounds for such action under this Act.
    (e)  At the time and place fixed in the notice, the Board
shall  proceed to hearing of the charges and both the accused
person  and  the  complainant   shall   be   accorded   ample
opportunity   to   present  in  person  or  by  counsel  such
statements,  testimony,  evidence  and  argument  as  may  be
pertinent to the charges or  to  any  defense  thereto.   The
Board or its hearing officer may continue a hearing date upon
its own motion or upon an accused's motion for one period not
to  exceed  30  days.   The  Board or its hearing officer may
grant further continuances for periods not to exceed 30  days
only  upon  good  cause being shown by the moving party.  The
non-moving party shall have the opportunity to  object  to  a
continuance  on  the  record  at a hearing upon the motion to
continue. All motions for  continuances  and  any  denial  or
grant  thereof  shall  be  in  writing.  All motions shall be
submitted not  later  than  48  hours  before  the  scheduled
hearing  unless made upon an emergency basis.  In determining
whether good cause for a continuance is shown, the  Board  or
its hearing officer shall consider such factors as the volume
of  cases  pending, the nature and complexity of legal issues
raised, the diligence of the party making  the  request,  the
availability  of  party's  legal representative or witnesses,
and the number of previous requests for continuance.
    (f)  Any  unlawful  act  or  violation  of  any  of   the
provisions  of  this  Act  upon  the  part  of  any licensees
employed by a real estate broker  or  associated  by  written
agreement with the real estate broker, or unlicensed employee
of  a  licensed broker, shall not be cause for the revocation
of the license of any  such  broker,  partial  or  otherwise,
unless it appears to the satisfaction of OBRE that the broker
had knowledge thereof.
    (g)  OBRE  or the Board has power to subpoena any persons
or documents for the purpose of investigation or hearing with
the  same  fees  and  mileage  and  in  the  same  manner  as
prescribed by law for judicial procedure in  civil  cases  in
courts  of  this  State.  The Commissioner, the Director, any
member of the Board, a certified court reporter, or a hearing
officer  shall  each  have  power  to  administer  oaths   to
witnesses  at any hearing which OBRE is authorized under this
Act to conduct.
    (h)  Any circuit court or any  judge  thereof,  upon  the
application  of the accused person, complainant, OBRE, or the
Board, may, by  order  entered,  require  the  attendance  of
witnesses  and  the  production  of relevant books and papers
before the Board in any hearing relative to  the  application
for  or  refusal,  recall,  suspension,  or  revocation  of a
license, and the court or judge may compel obedience  to  the
court's or the judge's order by proceedings for contempt.
    (i)  OBRE, at its expense, shall preserve a record of all
proceedings  at  the formal hearing of any case involving the
refusal to issue or  the  revocation,  suspension,  or  other
discipline  of  a licensee.  The notice of hearing, complaint
and all other  documents  in  the  nature  of  pleadings  and
written  motions  filed in the proceedings, the transcript of
testimony, the report of the Board, and the  orders  of  OBRE
shall  be  the  record  of the proceeding. At all hearings or
pre-hearing  conferences,  OBRE  and  the  accused  shall  be
entitled to have a court reporter in attendance for  purposes
of  transcribing  the proceeding or pre-hearing conference at
the expense of the  party  requesting  the  court  reporter's
attendance.  A  copy  of  the transcribed proceeding shall be
available to the other party for the cost of a  copy  of  the
transcript.
    (j)  The  Board  shall  present  to  the Commissioner its
written report of its findings and recommendations.   A  copy
of  the  report  shall  be  served  upon  the accused, either
personally or by certified mail as provided in this  Act  for
the  service  of  the  citation.   Within  20  days after the
service, the accused may present to the Commissioner a motion
in writing for a rehearing that shall specify the  particular
grounds  therefor.   If the accused shall order and pay for a
transcript of the record as provided in this  Act,  the  time
elapsing  thereafter  and  before the transcript is ready for
delivery to the accused shall not be counted as part  of  the
20   days.   Whenever  the  Commissioner  is  satisfied  that
substantial justice has not been done, the  Commissioner  may
order  a  rehearing  by  the Board or other special committee
appointed by the Commissioner or may remand the matter to the
Board for their reconsideration of the matter  based  on  the
pleadings  and  evidence  presented  to  the  Board.   In all
instances, under this Act, in which the Board has rendered  a
recommendation   to   the  Commissioner  with  respect  to  a
particular licensee or applicant, the Commissioner shall,  in
the  event  that  he  or  she  disagrees with or takes action
contrary to the recommendation of the Board,  file  with  the
Board and the Secretary of State his specific written reasons
of  disagreement  with the Board.  The reasons shall be filed
within  60  days  of  the  Board's  recommendation   to   the
Commissioner  and  prior  to  any  contrary  action.   At the
expiration of the time specified for filing a  motion  for  a
rehearing,  the Commissioner shall have the right to take the
action recommended by the  Board.   Upon  the  suspension  or
revocation  of  a  license, the licensee shall be required to
surrender his or her license to OBRE,  and  upon  failure  or
refusal  to  do  so,  OBRE  shall have the right to seize the
license.
    (k)  At any time after the suspension  or  revocation  of
any  license,  OBRE  may  restore  it  to the accused without
examination, upon the written recommendation of the Board.
    (l)  An order of revocation or suspension or a  certified
copy  thereof,  over  the  seal  of OBRE and purporting to be
signed by the Commissioner, shall be prima facie proof that:
         (1)  The signature is the genuine signature  of  the
    Commissioner.
         (2)  The   Commissioner   is   duly   appointed  and
    qualified.
         (3)  The  Board  and   the   members   thereof   are
    qualified.
Such proof may be rebutted.
    (m)  Notwithstanding   any   provisions   concerning  the
conduct of  hearings  and  recommendations  for  disciplinary
actions,  OBRE  as  directed  by  the  Commissioner  has  the
authority   to   negotiate   agreements  with  licensees  and
applicants resulting in disciplinary consent  orders.   These
consent orders may provide for any of the forms of discipline
provided  in  this  Act.   These consent orders shall provide
that they were not entered into as a result of  any  coercion
by  OBRE.   Any  such  consent  order shall be filed with the
Commissioner  along  with  the  Board's  recommendation   and
accepted  or  rejected  by the Commissioner within 60 days of
the Board's recommendation.

    Section 20-65.  Temporary  suspension.  The  Commissioner
may  temporarily  suspend the license of a licensee without a
hearing, simultaneously with the institution  of  proceedings
for  a  hearing provided for in Section 20-60 of this Act, if
the Commissioner finds that the evidence indicates  that  the
public  interest,  safety,  or  welfare imperatively requires
emergency  action.   In  the  event  that  the   Commissioner
temporarily suspends the license without a hearing before the
Board,  a  hearing  shall  be  held  within 30 days after the
suspension has occurred.  The suspended licensee may  seek  a
continuance  of the hearing during which the suspension shall
remain in effect.  The proceeding shall be concluded  without
appreciable delay.

    Section  20-70.   Restoration  of  license.   At any time
after the suspension, revocation, placement  on  probationary
status,  or  other  disciplinary  action taken under this Act
with reference to any license, OBRE may restore  the  license
to   the  licensee  without  examination,  upon  the  written
recommendation of the Board.

    Section 20-75.  Administrative Review Law;  certification
fee;  summary report of final disciplinary actions. All final
administrative decisions of OBRE shall be subject to judicial
review pursuant  to  the  provisions  of  the  Administrative
Review  Law and the rules adopted pursuant thereto.  The term
"administrative decision" is defined in Section 3-101 of  the
Administrative  Review  Law.  OBRE  shall  not be required to
certify any record or file any  answer  or  otherwise  appear
unless  the  party  filing  the  complaint  pays  to OBRE the
certification fee provided for by rule representing costs  of
the  certification.   Failure on the part of the plaintiff to
make such a deposit shall be grounds  for  dismissal  of  the
action. OBRE shall prepare from time to time, but in no event
less  often  than once every other month, a summary report of
final disciplinary actions taken since the  previous  summary
report.  The summary report shall contain a brief description
of the action that brought about the discipline and the final
disciplinary  action taken.  The summary report shall be made
available upon request.

    Section  20-80.   Penalties;   injunction.   Any   person
violating  any  provision  of this Act other than subdivision
(4) of subsection (h) of Section 20-20 and other than Section
5-15 or any person failing to account for  or  to  remit  any
moneys  coming  into  his  or  her  possession that belong to
others or commingling the money or other property of  his  or
her  principal  with  his or her own, upon conviction for the
first offense, is guilty of a Class C misdemeanor, and  if  a
limited   liability  company,  registered  limited  liability
partnership, or corporation, is guilty of a business  offense
and shall be fined not to exceed $2,000. Upon conviction of a
second  or subsequent offense the violator, if an individual,
is guilty  of  a  Class  A  misdemeanor,  and  if  a  limited
liability  company, registered limited liability partnership,
or corporation, is guilty of a business offense and shall  be
fined  not less than $2,000 nor more than $5,000. Any person,
limited  liability  company,  registered  limited   liability
partnership,   or  corporation  violating  any  provision  of
Section 5-15 of this  Act,  upon  conviction  for  the  first
offense,   if   an   individual,  is  guilty  of  a  Class  A
misdemeanor, and if a limited liability  company,  registered
limited liability partnership, or corporation, is guilty of a
business  offense  and  shall be fined not to exceed $10,000.
Upon  conviction  of  a  second  or  subsequent  offense  the
violator, if an individual, is guilty of a  Class  4  felony,
and  if  a  limited  liability  company,  registered  limited
liability   partnership,  or  corporation,  is  guilty  of  a
business offense and shall be fined not less than $10,000 nor
more than $25,000. Any officer or agent of a  corporation  or
member  or agent of a partnership, limited liability company,
or  registered  limited  liability  partnership   who   shall
personally participate in or be an accessory to any violation
of  this  Act  by the corporation, limited liability company,
registered  limited  liability  partnership,  or  partnership
shall be subject  to  the  penalties  herein  prescribed  for
individuals, and the State's Attorney of the county where the
offense  is  committed  shall prosecute all persons violating
the provisions of this Act upon proper complaint being  made.
All fines and penalties shall be deposited in the Real Estate
Recovery Fund in the State Treasury. OBRE shall have the duty
and  the  right  on  behalf  of  the  People  of the State of
Illinois to  originate  injunction  proceedings  against  any
person  acting  or  purporting to act as a licensee without a
license issued under the provisions of this Act.  OBRE  shall
also  have  the duty and the right on behalf of the People of
the State of Illinois  to  originate  injunction  proceedings
against  any  licensee  to  enjoin  acts by the licensee that
constitute violations of this Act.

    Section 20-85.  Recovery from Real Estate Recovery  Fund.
OBRE  shall  maintain  a Real Estate Recovery Fund from which
any person aggrieved by an act, representation,  transaction,
or conduct of a licensee or unlicensed employee of a licensee
that  is  in  violation  of this Act or the rules promulgated
pursuant  thereto,  constitutes  embezzlement  of  money   or
property,  or  results  in money or property being unlawfully
obtained  from  any  person  by  false  pretenses,  artifice,
trickery,  or  forgery   or   by   reason   of   any   fraud,
misrepresentation,  discrimination,  or  deceit  by or on the
part of any such licensee or the  unlicensed  employee  of  a
licensee  and that results in a loss of actual cash money, as
opposed to losses in market value, may recover. The aggrieved
person may recover, by order of  the  circuit  court  of  the
county  where  the  violation occurred, an amount of not more
than $10,000 from the Fund for damages sustained by the  act,
representation,  transaction, or conduct, together with costs
of suit and attorney's fees incurred in connection  therewith
of  not  to  exceed 15% of the amount of the recovery ordered
paid  from  the  Fund.   However,  no  licensed   broker   or
salesperson  may recover from the Fund unless the court finds
that the person suffered a loss  resulting  from  intentional
misconduct.    The  court order shall not include interest on
the judgment. The maximum liability against the Fund  arising
out  of any one act shall be as provided in this Section, and
the judgment order shall spread the award equitably among all
co-owners or otherwise aggrieved persons, if any. The maximum
liability against the Fund arising out of the  activities  of
any  one  licensee  or one unlicensed employee of a licensee,
since January 1, 1974, shall  be  $50,000.  Nothing  in  this
Section  shall  be  construed  to authorize recovery from the
Fund unless the loss of the aggrieved person results from  an
act  or  omission  of  a  licensed  broker,  salesperson,  or
unlicensed  employee  who  was  at  the  time  of  the act or
omission acting in such capacity or was apparently acting  in
such  capacity and unless the aggrieved person has obtained a
valid judgment as provided in Section 20-90 of this  Act.  No
person  aggrieved  by  an act, representation, or transaction
that is in violation of the Illinois Real  Estate  Time-Share
Act  or  the  Land Sales Registration Act of 1989 may recover
from the Fund.

    Section 20-90.   Collection  from  Real  Estate  Recovery
Fund; procedure.
    (a)  No  action  for a judgment that subsequently results
in an order for collection from the Real Estate Recovery Fund
shall be started later than 2 years after the date  on  which
the  aggrieved  person knew, or through the use of reasonable
diligence should have known, of the acts or omissions  giving
rise  to  a  right  of recovery from the Real Estate Recovery
Fund.
    (b)  When any aggrieved person  commences  action  for  a
judgment  that  may result in collection from the Real Estate
Recovery Fund, the aggrieved  person  must  name  as  parties
defendant  to  that action any and all individual real estate
brokers, real estate salespersons,  or  their  employees  who
allegedly  committed or are responsible for acts or omissions
giving rise to a right  of  recovery  from  the  Real  Estate
Recovery  Fund.   Failure  to  name as parties defendant such
individual brokers, salespersons, or  their  employees  shall
preclude  recovery  from the Real Estate Recovery Fund of any
portion of any judgment received  in  such  an  action.   The
aggrieved party may also name as additional parties defendant
any  corporations, limited liability companies, partnerships,
registered limited liability partnership, or  other  business
associations  that may be responsible for acts giving rise to
a right of recovery from the Real Estate Recovery Fund.
    (c)  When any aggrieved person  commences  action  for  a
judgment  that  may result in collection from the Real Estate
Recovery Fund, the  aggrieved  person  must  notify  OBRE  in
writing  to  this effect within 7 days of the commencement of
the action.    Failure  to  so  notify  OBRE  shall  preclude
recovery from the Real Estate Recovery Fund of any portion of
any  judgment  received  in  such an action.  After receiving
notice of the commencement  of  such  an  action,  OBRE  upon
timely application shall be permitted to intervene as a party
defendant to that action.
    (d)  When  any  aggrieved  person  commences action for a
judgment that may result in collection from the  Real  Estate
Recovery  Fund,  and the aggrieved person is unable to obtain
legal  and  proper  service  upon  the  defendant  under  the
provisions of Illinois law concerning service of  process  in
civil  actions,  the  aggrieved person may petition the court
where the action to obtain judgment was begun for an order to
allow service of legal process on the  Commissioner.  Service
of  process  on  the  Commissioner shall be taken and held in
that court to be as valid and binding as if due  service  had
been  made  upon the defendant. In case any process mentioned
in  this  Section  is  served  upon  the  Commissioner,   the
Commissioner shall forward a copy of the process by certified
mail  to the licensee's last address on record with OBRE. Any
judgment  obtained  after   service   of   process   on   the
Commissioner under this Act shall apply to and be enforceable
against   the  Real  Estate  Recovery  Fund  only.  OBRE  may
intervene in and defend any such action.
    (e)  When an  aggrieved  party  commences  action  for  a
judgment  that  may result in collection from the Real Estate
Recovery Fund, and the court  before  which  that  action  is
commenced  enters  judgment  by default against the defendant
and in favor of the aggrieved party,  the  court  shall  upon
motion  of  OBRE  set  aside that judgment by default.  After
such a judgment by default has been  set  aside,  OBRE  shall
appear  as party defendant to that action, and thereafter the
court shall require proof of the allegations in the pleadings
upon which relief is sought.
    (f)  The aggrieved person shall give  written  notice  to
OBRE  within  30  days  of the entry of any judgment that may
result in collection from the Real Estate Recovery Fund.  The
aggrieved  person  shall  provide  OBRE  within 20 days prior
written notice of all  supplementary  proceedings  so  as  to
allow  OBRE  to  participate in all efforts to collect on the
judgment.
    (g)  When any aggrieved person recovers a valid  judgment
in  any  court of competent jurisdiction against any licensee
or an unlicensed employee of any broker, upon the grounds  of
fraud,  misrepresentation,  discrimination,  or  deceit,  the
aggrieved   person   may,   upon   the   termination  of  all
proceedings, including review and appeals in connection  with
the judgment, file a verified claim in the court in which the
judgment  was  entered  and,  upon 30 days' written notice to
OBRE, and  to  the  person  against  whom  the  judgment  was
obtained,  may  apply  to  the  court  for an order directing
payment out of the Real Estate Recovery Fund  of  the  amount
unpaid  upon  the  judgment,  not  including  interest on the
judgment, and subject to the limitations  stated  in  Section
20-85 of this Act.  The aggrieved person must set out in that
verified  claim  and  at an evidentiary hearing to be held by
the court upon the application the aggrieved party  shall  be
required to show that the aggrieved person:
         (1)  Is  not  a spouse of the debtor or the personal
    representative of such spouse.
         (2)  Has complied with all the requirements of  this
    Section.
         (3)  Has  obtained  a  judgment  stating  the amount
    thereof and  the  amount  owing  thereon,  not  including
    interest thereon, at the date of the application.
         (4)  Has  made all reasonable searches and inquiries
    to ascertain whether the judgment debtor is possessed  of
    real  or  personal property or other assets, liable to be
    sold or applied in satisfaction of the judgment.
         (5)  By such search has discovered  no  personal  or
    real  property  or  other  assets  liable  to  be sold or
    applied, or has discovered certain  of  them,  describing
    them  as owned by the judgment debtor and liable to be so
    applied  and  has  taken   all   necessary   action   and
    proceedings  for  the realization thereof, and the amount
    thereby  realized  was  insufficient   to   satisfy   the
    judgment,  stating the amount so realized and the balance
    remaining due on the judgment after  application  of  the
    amount realized.
         (6)  Has diligently pursued all remedies against all
    the  judgment debtors and all other persons liable to the
    aggrieved person in the transaction for which recovery is
    sought from the Real Estate Recovery Fund, including  the
    filing  of an adversary action to have the debts declared
    non-dischargeable in any bankruptcy petition matter filed
    by any judgment debtor or person liable to the  aggrieved
    person.
    The  aggrieved person shall also be required to prove the
amount of attorney's fees sought  to  be  recovered  and  the
reasonableness  of  those  fees  up  to  the  maximum allowed
pursuant to Section 20-85 of this Act.
    (h)  The court shall  make  an  order  directed  to  OBRE
requiring  payment  from  the  Real  Estate  Recovery Fund of
whatever sum it finds to be payable upon the claim,  pursuant
to  and  in  accordance  with  the  limitations  contained in
Section 20-85 of this Act, if the court  is  satisfied,  upon
the hearing, of the truth of all matters required to be shown
by  the aggrieved person under subsection (g) of this Section
and that the aggrieved person has fully pursued and exhausted
all remedies available for recovering the amount  awarded  by
the judgment of the court.
    (i)  Should  OBRE  pay from the Real Estate Recovery Fund
any amount in settlement of a claim or toward satisfaction of
a judgment against a licensed broker  or  salesperson  or  an
unlicensed employee of a broker, the licensee's license shall
be  automatically  terminated  upon  the  issuance of a court
order authorizing payment from the Real Estate Recovery Fund.
No petition for restoration of a license shall be heard until
repayment has been made in full, plus interest  at  the  rate
prescribed  in  Section 12-109 of the Code of Civil Procedure
of the amount paid from the  Real  Estate  Recovery  Fund  on
their  account. A discharge in bankruptcy shall not relieve a
person from the penalties and disabilities provided  in  this
subsection (i).
    (j)  If,  at  any  time,  the money deposited in the Real
Estate Recovery Fund is  insufficient  to  satisfy  any  duly
authorized   claim  or  portion  thereof,  OBRE  shall,  when
sufficient money  has  been  deposited  in  the  Real  Estate
Recovery   Fund,  satisfy  such  unpaid  claims  or  portions
thereof, in the order that such claims  or  portions  thereof
were  originally filed, plus accumulated interest at the rate
prescribed in Section 12-109 of the Code of Civil Procedure.

    Section 20-95.   Power  of  OBRE  to  defend.  When  OBRE
receives  any  process,  notice,  order,  or  other  document
provided  for or required under Section 20-90 of this Act, it
may enter an appearance, file an answer, appear at the  court
hearing,  defend the action, or take whatever other action it
deems appropriate on behalf and in the name of the  defendant
and take recourse through any appropriate method of review on
behalf of and in the name of the defendant.

    Section   20-100.   Subrogation  of  OBRE  to  rights  of
judgment creditor. When, upon the order of  the  court,  OBRE
has  paid  from  the Real Estate Recovery Fund any sum to the
judgment creditor, OBRE shall be subrogated  to  all  of  the
rights  of  the  judgment  creditor and the judgment creditor
shall assign all rights, title, and interest in the  judgment
to  OBRE  and any amount and interest so recovered by OBRE on
the judgment shall be deposited in the Real  Estate  Recovery
Fund.

    Section  20-105.  Waiver of rights for failure to comply.
The failure of an aggrieved person to comply  with  this  Act
relating  to the Real Estate Recovery Fund shall constitute a
waiver of any rights under Sections 20-85 and 20-90  of  this
Act.

    Section   20-110.    Disciplinary  actions  of  OBRE  not
limited. Nothing contained in Sections 20-80  through  20-100
of this Act limits the authority of OBRE to take disciplinary
action  against  any  licensee for a violation of this Act or
the rules of OBRE, nor shall the repayment  in  full  of  all
obligations  to the Real Estate Recovery Fund by any licensee
nullify or  modify  the  effect  of  any  other  disciplinary
proceeding brought pursuant to this Act.

    Section  20-115.   Time limit on action. No action may be
taken by OBRE against any person for violation of  the  terms
of  this  Act  or  its  rules  unless the action is commenced
within 5 years after the occurrence of the alleged violation.
    Section 20-120.  Action to enjoin. Engaging  in  business
as  a  licensee  by  any  person  in violation of this Act is
declared to be harmful to the public  welfare  and  to  be  a
public  nuisance.   An  action to enjoin any person from such
unlawful activity may be maintained in the name of the People
of the State of Illinois by  the  Attorney  General,  by  the
State's  Attorney  of  the  county  in  which  the  action is
brought, by OBRE, or by any resident  citizen.   This  remedy
shall be in addition to other remedies provided for violation
of this Act.

    Section  20-125.   No  private right of action. Except as
otherwise expressly provided for in this Act, nothing in this
Act shall be construed to grant to any person a private right
of action for damages or to enforce the  provisions  of  this
Act or the rules issued under this Act.

           ARTICLE 25.  ADMINISTRATION OF LICENSES

    Section  25-5.   OBRE;  powers  and  duties.  OBRE  shall
exercise  the  powers  and  duties  prescribed  by  the Civil
Administrative Code of Illinois  for  the  administration  of
licensing  acts  and  shall  exercise  such  other powers and
duties as are prescribed by this Act.  OBRE may contract with
third  parties  for  services  necessary   for   the   proper
administration of this Act.

    Section    25-10.    Real   Estate   Administration   and
Disciplinary Board; duties. There is created the Real  Estate
Administration  and  Disciplinary  Board.  The Board shall be
composed of 9 persons  appointed  by  the  Governor.  Members
shall  be  appointed  to  the  Board subject to the following
conditions:
         (1)  All  members  shall  have  been  residents  and
    citizens of this State for at least 6 years prior to  the
    date of appointment.
         (2)  Six members shall have been actively engaged as
    brokers or salespersons or both for at least the 10 years
    prior to the appointment.
         (3)  Three  members  of  the  Board  shall be public
    members who represent consumer interests.
    None of these members shall be a person who  is  licensed
under  this  Act,  the spouse of a person licensed under this
Act, or a person who has an  ownership  interest  in  a  real
estate  brokerage  business.  The  members'  terms shall be 4
years and the expiration of their terms shall  be  staggered.
Appointments  to  fill  vacancies  shall be for the unexpired
portion  of  the  term.  A  member  may  be  reappointed  for
successive terms but no person shall  be  appointed  to  more
than  2  terms  or  any  part thereof in his or her lifetime.
Persons holding office as members of  the  Board  immediately
prior  to December 31, 1999 under the Real Estate License Act
of 1983 shall continue as members  of  the  Board  until  the
expiration  of  the  term  for  which they were appointed and
until their  successors  are  appointed  and  qualified.  The
membership   of  the  Board  should  reasonably  reflect  the
geographic distribution of the licensee  population  in  this
State.   In  making the appointments, the Governor shall give
due consideration  to  the  recommendations  by  members  and
organizations  of  the profession. The Governor may terminate
the appointment of any member for cause that in  the  opinion
of  the  Governor reasonably justifies the termination. Cause
for termination shall include without limitation  misconduct,
incapacity,  neglect  of  duty,  or  missing 4 board meetings
during any one calendar year. Each member of the Board  shall
receive  a  per diem stipend in an amount to be determined by
the Commissioner.  Each member  shall  be  paid  his  or  her
necessary expenses while engaged in the performance of his or
her duties.  Such compensation and expenses shall be paid out
of   the   Real   Estate  License  Administration  Fund.  The
Commissioner shall consider the recommendations of the  Board
on  questions  involving  standards  of professional conduct,
discipline, and examination of  candidates  under  this  Act.
OBRE,  after notifying and considering the recommendations of
the Board, if any,  may  issue  rules,  consistent  with  the
provisions   of   this   Act,   for  the  administration  and
enforcement thereof and may prescribe  forms  that  shall  be
used  in connection therewith. None of the functions, powers,
or  duties  enumerated  in  Sections  20-20  and   30-5   and
subsections (a) and (j) of Section 20-60 of this Act shall be
exercised  by  OBRE  except  upon  the  action  and report in
writing of the Board.

    Section  25-13.   Rules.  OBRE,   after   notifying   and
considering  the  recommendations of the Board, if any, shall
adopt, promulgate, and issue any rules that may be  necessary
for the implementation and enforcement of this Act.

    Section  25-15.   Director  of Real Estate; duties. There
shall be in OBRE a Director and a  Deputy  Director  of  Real
Estate,  appointed  by  the  Commissioner,  who  shall hold a
currently valid broker's license, which shall be  surrendered
to  OBRE  during the appointment. The Director of Real Estate
shall report to the Commissioner and shall do the following:
         (1)  act as Chairperson of  the  Board,  ex-officio,
    without vote;
         (2)  be   the   direct  liaison  between  OBRE,  the
    profession,   and   real   estate    organizations    and
    associations;
         (3)  prepare   and   circulate   to   licensees  any
    educational and informational material  that  OBRE  deems
    necessary   for   providing  guidance  or  assistance  to
    licensees;
         (4)  appoint any necessary committees to  assist  in
    the performance of the functions and duties of OBRE under
    this Act; and
         (5)  subject  to  the administrative approval of the
    Commissioner, supervise all  real  estate  activities  of
    OBRE.
    The  Commissioner shall appoint, for a term of 4 years, a
Deputy Director of Real Estate who  shall  hold  a  currently
valid  broker's  license,  which shall be surrendered to OBRE
during the appointment.  Under direction of the  Director  of
Real  Estate,  the  Deputy  Director  of Real Estate shall be
responsible  for  the  administration   of   the   licensing,
disciplinary,  and  education  provisions  of  this Act.  The
Deputy Director shall also assist the Director of Real Estate
in the performance of his or her duties.
    In designating the Director and Deputy Director  of  Real
Estate,  the  Commissioner  shall  give  due consideration to
recommendations  by  members   and   organizations   of   the
profession.

    Section 25-20.  Staff. OBRE shall employ sufficient staff
to carry out the provisions of this Act.

    Section  25-25.  Real Estate Research and Education Fund.
A special fund to be known as the Real  Estate  Research  and
Education  Fund  is created and shall be held in trust in the
State Treasury.   Annually,  on  September  15th,  the  State
Treasurer  shall  cause  a  transfer  of $125,000 to the Real
Estate Research and  Education  Fund  from  the  Real  Estate
License  Administration  Fund.   The Real Estate Research and
Education  Fund  shall  be  administered  by   OBRE.    Money
deposited  in the Real Estate Research and Education Fund may
be used for research and education at state  institutions  of
higher  education or other organizations for research and the
advancement of education in the real estate industry. Of  the
$125,000  annually  transferred into the Real Estate Research
and  Education  Fund,  $15,000  shall  be  used  to  fund   a
scholarship program for persons of minority racial origin who
wish to pursue a course of study in the field of real estate.
For  the  purposes of this Section, "course of study" means a
course or courses that are part of a program  of  courses  in
the  field of real estate designed to further an individual's
knowledge or expertise in the field  of  real  estate.  These
courses  shall  include  without  limitation  courses  that a
salesperson licensed under this Act must complete to  qualify
for  a  real  estate  broker's  license,  courses required to
obtain the Graduate Realtors Institute designation,  and  any
other  courses  or  programs  offered by accredited colleges,
universities, or other institutions of  higher  education  in
Illinois.   The  scholarship program shall be administered by
OBRE or its designee. Moneys in the Real Estate Research  and
Education  Fund  may  be  invested and reinvested in the same
manner as funds in the Real  Estate  Recovery  Fund  and  all
earnings,   interest,   and   dividends  received  from  such
investments shall be deposited in the  Real  Estate  Research
and  Education  Fund and may be used for the same purposes as
moneys transferred to the Real Estate Research and  Education
Fund.

    Section  25-30.  Real Estate License Administration Fund;
audit. A special fund to be known as the Real Estate  License
Administration  Fund  is  created in the State Treasury.  All
fees received by OBRE under this Act shall  be  deposited  in
the  Real  Estate  License  Administration  Fund.  The moneys
deposited in the  Real  Estate  License  Administration  Fund
shall  be  appropriated  to OBRE for expenses of OBRE and the
Board  in  the  administration  of  this  Act  and  for   the
administration  of  any  Act  administered  by OBRE providing
revenue to this Fund.  Moneys  in  the  Real  Estate  License
Administration  Fund  may  be  invested and reinvested in the
same manner as funds in the Real Estate Recovery  Fund.   All
earnings  received from such investment shall be deposited in
the Real Estate License Administration Fund and may  be  used
for  the  same  purposes as fees deposited in the Real Estate
License Administration Fund. Upon the completion of any audit
of OBRE, as prescribed by the Illinois  State  Auditing  Act,
which   includes   an   audit  of  the  Real  Estate  License
Administration Fund,  OBRE  shall  make  the  audit  open  to
inspection by any interested person.

    Section 25-35.  Real Estate Recovery Fund. A special fund
to  be  known  as the Real Estate Recovery Fund is created in
the State Treasury.  The sums received by  OBRE  pursuant  to
the  provisions  of  Sections 20-20, 20-30, and 20-80 through
20-100 of this Act shall be deposited into the State Treasury
and held in the Real Estate Recovery Fund.  The money in  the
Real  Estate  Recovery Fund shall be used by OBRE exclusively
for carrying out the purposes established by this  Act.   If,
at  any  time,  the  balance  remaining  in  the  Real Estate
Recovery Fund is less  than  $750,000,  the  State  Treasurer
shall  cause a transfer of moneys to the Real Estate Recovery
Fund from the Real Estate License Administration Fund  in  an
amount  necessary  to  establish a balance of $800,000 in the
Real Estate Recovery Fund.  These funds may be  invested  and
reinvested in the same manner as authorized for pension funds
in  Article  14  of the Illinois Pension Code.  All earnings,
interest, and dividends received from investment of funds  in
the  Real  Estate  Recovery  Fund shall be deposited into the
Real Estate License Administration Fund and shall be used for
the same purposes as  other  moneys  deposited  in  the  Real
Estate License Administration Fund.
    Section  25-40.   Exclusive  State  powers and functions;
municipal powers. It is declared to be the public  policy  of
this  State,  pursuant to paragraphs (h) and (i) of Section 6
of Article VII of the Illinois Constitution of 1970, that any
power or function set forth in this Act to  be  exercised  by
the  State  is  an  exclusive  State power or function.  Such
power or function shall not be exercised concurrently, either
directly or indirectly, by  any  unit  of  local  government,
including  home  rule  units, except as otherwise provided in
this Act. Nothing in  this  Section  shall  be  construed  to
affect  or  impair  the  validity of Section 11-11.1-1 of the
Illinois Municipal Code,  as  amended,  or  to  deny  to  the
corporate  authorities of any municipality the powers granted
in  the  Illinois  Municipal   Code   to   enact   ordinances
prescribing  fair  housing practices; defining unfair housing
practices;  establishing  Fair  Housing  or  Human  Relations
Commissions  and  standards  for  the  operation   of   these
commissions  in  the  administration  and enforcement of such
ordinances; prohibiting discrimination based on race,  color,
creed,  ancestry,  national  origin  or  physical  or  mental
handicap   in   the   listing,  sale,  assignment,  exchange,
transfer, lease, rental, or financing of  real  property  for
the   purpose  of  the  residential  occupancy  thereof;  and
prescribing penalties for violations of such ordinances.

            ARTICLE 30.  SCHOOLS AND INSTRUCTORS

    Section 30-5.  Licensing of pre-license  schools,  school
branches, and instructors.
    (a)  No  person  shall  operate  a  pre-license school or
school branch without possessing a valid  pre-license  school
or school branch license issued by OBRE.  No person shall act
as a pre-license instructor at a pre-license school or school
branch  without  possessing  a  valid  pre-license instructor
license issued by OBRE.  Every person who desires to obtain a
pre-license school, school branch, or pre-license  instructor
license shall make application to OBRE in writing in form and
substance  satisfactory  to  OBRE  and  pay the required fees
prescribed by rule.  In addition  to  any  other  information
required   to   be   contained   in  the  application,  every
application for an original or renewed license shall  include
the  applicant's  Social Security number.  OBRE shall issue a
pre-license school, school branch, or pre-license  instructor
license   to   applicants  who  meet  qualification  criteria
established by rule.  OBRE  may  refuse  to  issue,  suspend,
revoke,  or otherwise discipline a pre-license school, school
branch, or pre-license instructor  license  or  may  withdraw
approval of a course offered by a pre-license school for good
cause.    Disciplinary  proceedings shall be conducted by the
Board in the same manner as  other  disciplinary  proceedings
under this Act.
    (b)  All  pre-license instructors must teach at least one
course within the period of licensure or take  an  instructor
training  program  approved  by  OBRE  in  lieu  thereof.   A
pre-license  instructor  may  teach at more than one licensed
pre-license school.
    (c)  The  term  of  license  for   pre-license   schools,
branches,  and instructors shall be 2 years as established by
rule.
    (d)  OBRE or the  Advisory  Council  may,  after  notice,
cause  a  pre-license school to attend an informal conference
before the Advisory Council for failure to  comply  with  any
requirement  for  licensure or for failure to comply with any
provision of this Act or the rules for the administration  of
this  Act.   The Advisory Council shall make a recommendation
to the Board as a result of its findings at the conclusion of
any such informal conference.
    Section 30-10.   Advisory  Council;  powers  and  duties.
There  is  created  within  OBRE  an  Advisory  Council to be
comprised of 7 members appointed by the Governor  for  4-year
staggered  terms.  No member shall serve more than 8 years in
a lifetime.  Three of the members shall be licensees who  are
current   members  of  the  Board,  one  member  shall  be  a
representative of an Illinois real estate trade  organization
who  is  not  a  member  of  the Board, one member shall be a
representative of a licensed pre-license school or continuing
education school, and one member shall be a representative of
an institution of higher education  that  offers  pre-license
and  continuing  education courses.  The Director shall serve
as the chairman of the Advisory Council, ex officio,  without
vote.  The  Advisory Council shall recommend criteria for the
licensing of pre-license  schools,  pre-license  instructors,
continuing   education   schools,  and  continuing  education
instructors;  review  applications  for  these  licenses   to
determine  if  the  applicants  meet  the  qualifications for
licensure established  in  this  Act  and  by  rule;  approve
pre-license  school  and  continuing education curricula; and
make recommendations to  the  Board  regarding  rules  to  be
adopted for the administration of the education provisions of
this Act.

    Section   30-15.    Licensing   of  continuing  education
schools; approval of courses.
    (a)  Only continuing education schools in possession of a
valid continuing education school license  may  provide  real
estate  continuing  education  courses  that will satisfy the
requirements of this Act.  Pre-license  schools  licensed  to
offer  pre-license  education  courses  for  salespersons and
brokers shall  qualify  for  a  continuing  education  school
license  upon completion of an application and the submission
of the required fee.  Every entity that desires to  obtain  a
continuing education school license shall make application to
OBRE  in  writing in forms prescribed by OBRE and pay the fee
prescribed by rule.  In addition  to  any  other  information
required   to   be   contained   in  the  application,  every
application for an original or renewed license shall  include
the applicant's Social Security number.
    (b)  The  criteria  for  a  continuing  education license
shall include the following:
         (1)  A  sound  financial  base   for   establishing,
    promoting,  and delivering the necessary courses.  Budget
    planning for  the  School's  courses  should  be  clearly
    projected.
         (2)  A  sufficient  number  of  qualified,  licensed
    instructors as provided by rule.
         (3)  Adequate   support  personnel  to  assist  with
    administrative matters and technical assistance.
         (4)  Maintenance  and  availability  of  records  of
    participation for licensees.
         (5)  The ability to  provide  each  participant  who
    successfully   completes   an  approved  program  with  a
    certificate of completion signed by the administrator  of
    a  licensed continuing education school on forms provided
    by OBRE.
         (6)  The continuing education  school  must  have  a
    written policy dealing with procedures for the management
    of grievances and fee refunds.
         (7)  The  continuing education school shall maintain
    lesson plans and examinations for each course.
         (8)  The continuing education school shall require a
    70%  passing  grade  for  successful  completion  of  any
    continuing education course.
         (9)  The continuing education school shall  identify
    and  use instructors who will teach in a planned program.
    Suggested criteria for instructor selections include:
              (A)  appropriate credentials;
              (B)  competence as a teacher;
              (C)  knowledge of content area; and
              (D)  qualification by experience.
    (c)  Advertising and promotion  of  continuing  education
activities  must  be  carried  out  in a responsible fashion,
clearly showing the educational objectives of  the  activity,
the  nature  of  the  audience  that  may  benefit  from  the
activity, the cost of the activity to the participant and the
items  covered  by the cost, the amount of credit that can be
earned, and the credentials of the faculty.
    (d)  OBRE may or upon request  of  the  Advisory  Council
shall,  after  notice, cause a continuing education school to
attend an informal conference before the Advisory Council for
failure to comply with any requirement for licensure  or  for
failure to comply with any provision of this Act or the rules
for  the  administration  of  this Act.  The Advisory Council
shall make a recommendation to the Board as a result  of  its
findings at the conclusion of any such informal conference.
    (e)  All  continuing  education  schools  shall  maintain
these  minimum  criteria and pay the required fee in order to
retain their continuing education school license.
    (f)  All continuing education schools  shall  submit,  at
the  time  of  initial  application  and  with  each  license
renewal,  a  list  of  courses  with  course  materials to be
offered by the continuing education school.   OBRE,  however,
shall  establish  a  mechanism  whereby  continuing education
schools may apply for  and  obtain  approval  for  continuing
education  courses  that  are  submitted  after  the  time of
initial application or renewal.  OBRE shall provide  to  each
continuing  education  school a certificate for each approved
continuing  education  course.   All   continuing   education
courses  shall  be  valid  for the period coinciding with the
term of license of  the  continuing  education  school.   All
continuing  education  schools  shall  provide  a copy of the
certificate of the continuing  education  course  within  the
course  materials  given  to  each student or shall display a
copy of the certificate of the continuing education course in
a conspicuous place at the location of the class.
    (g)  Each continuing education school  shall  provide  to
OBRE  a  monthly  report in a format determined by OBRE, with
information concerning students  who  successfully  completed
all  approved  continuing  education  courses  offered by the
continuing education school for the prior month.
    (h)  OBRE,  upon  the  recommendation  of  the   Advisory
Council,   may  temporarily  suspend  a  licensed  continuing
education  school's  approved  courses  without  hearing  and
refuse to accept successful completion of or participation in
any of these  continuing  education  courses  for  continuing
education  credit  from  that school upon the failure of that
continuing education school to comply with the provisions  of
this  Act  or  the  rules for the administration of this Act,
until such time as OBRE receives  satisfactory  assurance  of
compliance.   OBRE  shall  notify  the  continuing  education
school  of  the  noncompliance  and may initiate disciplinary
proceedings pursuant to this Act. OBRE may refuse  to  issue,
suspend,  revoke,  or  otherwise  discipline the license of a
continuing education school or may  withdraw  approval  of  a
continuing  education  course  for  good  cause.   Failure to
comply with the requirements of this  Section  or  any  other
requirements  established  by rule shall be deemed to be good
cause.  Disciplinary proceedings shall be  conducted  by  the
Board  in  the  same manner as other disciplinary proceedings
under this Act.

    Section 30-20.   Fees  for  continuing  education  school
license;  renewal;  term.  All  applications for a continuing
education  school  license  shall   be   accompanied   by   a
nonrefundable  application  fee  in  an amount established by
rule. All continuing education schools shall be  required  to
submit a renewal application, the required fee as established
by  rule,  and  a listing of the courses to be offered during
the year to renew their continuing education school licenses.
The term for a continuing education school license shall be 2
years and as established by rule. The  fees  collected  under
this Article 30 shall be deposited in the Real Estate License
Administration  Fund  and shall be used to defray the cost of
administration of the program and per diem  of  the  Advisory
Council as determined by the Commissioner.

    Section   30-25.    Licensing   of  continuing  education
instructors.
    (a)  Only persons approved by the Advisory Council and in
possession of a valid continuing education instructor license
issued by OBRE may instruct continuing education courses.
    (b)  Every person who  desires  to  obtain  a  continuing
education  instructor  license shall make application to OBRE
in writing on forms prescribed by the Office, accompanied  by
the  fee  prescribed  by  rule.   In  addition  to  any other
information required to  be  contained  in  the  application,
every  application  for  an original or renewed license shall
include the applicant's Social Security number.   OBRE  shall
issue a continuing education instructor license to applicants
who  meet  qualification  criteria established by this Act or
rule.
    (c)  OBRE  may  refuse  to  issue,  suspend,  revoke,  or
otherwise discipline a continuing  education  instructor  for
good  cause.   Disciplinary proceedings shall be conducted by
the  Board  in  the  same  manner   as   other   disciplinary
proceedings  under  this  Act.   The  term of a license for a
continuing education instructor  shall  be  2  years  and  as
established  by  rule.   All Continuing Education Instructors
must teach at least one course within the period of licensure
or take an instructor training program approved  by  OBRE  in
lieu thereof.

    Section  30-30.   Recommendation  of  rules. The Advisory
Council shall recommend to the Board rules that  provide  for
the  administration  of  this  Article 30.  These rules shall
include without limitation the following provisions:
         (1)  The  rules  shall  define  what  constitutes  a
    school or a  school  branch  offering  work  in  subjects
    relating  to  real estate transactions that shall include
    the subjects upon  which  an  applicant  is  examined  in
    determining  fitness  to  receive  a  license.  The rules
    shall provide for the  establishment  of  a  uniform  and
    reasonable  standard of instruction and maintenance to be
    observed by these schools.
         (2)  The rules shall establish minimum  criteria  to
    qualify  for  and  maintain  a  license  as a pre-license
    school,   pre-license   school   instructor,   continuing
    education school, and continuing education instructor.
         (3)  The rules shall provide for acts and  omissions
    for   which   the   license   of  a  pre-license  school,
    pre-license  school  instructor,   continuing   education
    school,   or   continuing  education  instructor  may  be
    disciplined under this Act.
         (4)  The rules shall provide for the term,  date  of
    expiration,  and  renewal  process  for  the  licenses of
    pre-license  schools,  pre-license  school   instructors,
    continuing  education  schools,  and continuing education
    school instructors.

                ARTICLE 35.  TRANSITION RULES

    Section 35-5.  Savings provisions.
    (a)  This Act is intended  to  replace  the  Real  Estate
License Act of 1983 in all respects.
    (b)  Beginning December 31, 1999, the rights, powers, and
duties exercised by the Office of Banks and Real Estate under
the  Real  Estate  License  Act  of 1983 shall continue to be
vested in, be the obligation of, and shall  be  exercised  by
the  Office  of Banks and Real Estate under the provisions of
this Act.
    (c)  This Act does not affect any act done, ratified,  or
cancelled,  or  any  right  occurring  or established, or any
action or proceeding had or commenced in  an  administrative,
civil,  or  criminal  cause  before December 31, 1999, by the
Office of Banks and Real Estate under the Real Estate License
Act  of  1983,  and  those  actions  or  proceedings  may  be
prosecuted and continued by the  Office  of  Banks  and  Real
Estate under this Act.
    (d)  This  Act  does not affect any license, certificate,
permit, or other form of licensure or authorization issued by
the Office of Banks and Real Estate  under  the  Real  Estate
License  Act  of  1983,  and all such licenses, certificates,
permits, or other form of licensure  or  authorization  shall
continue  to  be valid under the terms and conditions of this
Act.
    (e)  The rules adopted by the Office of  Banks  and  Real
Estate  relating  to  the  Real  Estate  License Act of 1983,
unless inconsistent with the provisions of this Act, are  not
affected  by  this  Act, and on December 31, 1999 those rules
become the rules under this Act.  The  Office  of  Banks  and
Real  Estate  shall,  as  soon  as  practicable, adopt new or
amended rules consistent with the provisions of this Act.
    (f)  This Act does not affect any discipline, suspension,
or termination taken under the Real  Estate  License  Act  of
1983 and that discipline, suspension, or termination shall be
continued under this Act.
    (g)  This  Act  does  not  affect  any appointments, term
limitations, years  served,  or  other  matters  relating  to
individuals  serving  on  any board or council under the Real
Estate License Act of  1983,  and  these  appointments,  term
limitations,   years  served,  and  other  matters  shall  be
continued under this Act.

    Section 35-10.  Money in Funds.  Transfer of  moneys  and
appropriations  moneys  held in or appropriations to the Real
Estate License  Administration  Fund,  Real  Estate  Recovery
Fund,  or  Real  Estate  Research  and Education Fund for the
purpose  of  administering  and  enforcing  the  Real  Estate
License Act of 1983 shall be transferred to and held in those
same funds for the purpose of administering and enforcing the
provisions of this Act.

             ARTICLE 905.  AMENDATORY PROVISIONS

    Section 905-5.   The  Regulatory  Agency  Sunset  Act  is
amended  by  changing Section 4.10 and adding Section 4.20 as
follows:

    (5 ILCS 80/4.10) (from Ch. 127, par. 1904.10)
    Sec. 4.10.  The following Acts are repealed December  31,
1999:
    The  Fire  Equipment  Distributor and Employee Regulation
Act.
    The Professional Engineering Practice Act of 1989.
    The Structural Engineering Licensing Act of 1989.
    The Illinois Architecture Practice Act of 1989.
    The Illinois Landscape Architecture Act of 1989.
    The Illinois Professional Land Surveyor Act of 1989.
    The Land Sales Registration Act of 1989.
    The Real Estate License Act of 1983.
(Source: P.A. 86-667; 86-702; 86-711; 86-925; 86-932; 86-987;
86-1007; 86-1028.)

    (5 ILCS 80/4.20 new)
    Sec. 4.20.  Act  repealed  on  December  31,  2009.   The
following Act is repealed on December 31, 2009:
    The Real Estate License Act of 2000.

    Section   905-10.    The  Civil  Administrative  Code  of
Illinois is amended by changing Section 60 as follows:

    (20 ILCS 2105/60) (from Ch. 127, par. 60)
    Sec.  60.  Powers  and   duties.    The   Department   of
Professional Regulation shall have, subject to the provisions
of this Act, the following powers and duties:
    1.  To authorize examinations in English to ascertain the
qualifications  and  fitness  of  applicants  to exercise the
profession, trade, or occupation for which the examination is
held.
    2.  To prescribe rules and regulations  for  a  fair  and
wholly  impartial  method  of  examination  of  candidates to
exercise the respective professions, trades, or occupations.
    3.  To pass upon the  qualifications  of  applicants  for
licenses,   certificates,   and   authorities,   whether   by
examination, by reciprocity, or by endorsement.
    4.  To  prescribe rules and regulations defining, for the
respective professions, trades, and occupations,  what  shall
constitute a school, college, or university, or department of
a  university,  or  other institutions, reputable and in good
standing and to determine the reputability and good  standing
of  a  school,  college,  or  university,  or department of a
university, or  other  institution,  reputable  and  in  good
standing  by  reference  to  a compliance with such rules and
regulations:  provided,   that   no   school,   college,   or
university,   or   department   of   a  university  or  other
institution that refuses admittance to applicants  solely  on
account  of race, color, creed, sex, or national origin shall
be considered reputable and in good standing.
    5.  To  conduct  hearings  on  proceedings   to   revoke,
suspend,  refuse  to  renew, place on probationary status, or
take other disciplinary action as may be  authorized  in  any
licensing  Act  administered by the Department with regard to
licenses, certificates, or authorities of persons  exercising
the  respective  professions,  trades, or occupations, and to
revoke, suspend,  refuse  to  renew,  place  on  probationary
status,   or   take  other  disciplinary  action  as  may  be
authorized  in  any  licensing  Act   administered   by   the
Department  with  regard  to  such licenses, certificates, or
authorities.   The   Department   shall   issue   a   monthly
disciplinary  report.   The Department shall deny any license
or renewal authorized by this  Act  to  any  person  who  has
defaulted  on  an educational loan or scholarship provided by
or guaranteed by the Illinois Student  Assistance  Commission
or  any  governmental  agency  of  this  State;  however, the
Department  may  issue  a   license   or   renewal   if   the
aforementioned   persons   have  established  a  satisfactory
repayment  record  as  determined  by  the  Illinois  Student
Assistance  Commission  or  other  appropriate   governmental
agency  of this State.  Additionally, beginning June 1, 1996,
any license issued by the  Department  may  be  suspended  or
revoked  if  the  Department,  after  the  opportunity  for a
hearing under the appropriate licensing Act, finds  that  the
licensee  has  failed  to  make satisfactory repayment to the
Illinois Student Assistance Commission for  a  delinquent  or
defaulted   loan.   For   the   purposes   of  this  Section,
"satisfactory repayment record" shall be defined by rule. The
Department shall refuse to issue or renew a  license  to,  or
shall  suspend  or revoke a license of, any person who, after
receiving notice, fails to comply with a subpoena or  warrant
relating   to   a  paternity  or  child  support  proceeding.
However, the Department may issue a license or  renewal  upon
compliance with the subpoena or warrant.
    The  Department,  without  further  process  or hearings,
shall  revoke,  suspend,  or  deny  any  license  or  renewal
authorized by this Act to a person who is  certified  by  the
Illinois  Department of Public Aid as being more than 30 days
delinquent in complying  with  a  child  support  order;  the
Department  may,  however,  issue a license or renewal if the
person has established a  satisfactory  repayment  record  as
determined  by  the  Illinois  Department of Public Aid.  The
Department may implement this paragraph as  added  by  Public
Act  89-6  through  the  use of emergency rules in accordance
with Section 5-45 of the  Illinois  Administrative  Procedure
Act.   For  purposes of the Illinois Administrative Procedure
Act, the adoption of rules to implement this paragraph  shall
be  considered  an  emergency  and  necessary  for the public
interest, safety, and welfare.
    6.  To transfer jurisdiction  of  any  realty  under  the
control  of  the  Department  to  any other Department of the
State Government, or to acquire or accept Federal lands, when
such transfer, acquisition or acceptance is  advantageous  to
the State and is approved in writing by the Governor.
    7.  To   formulate   rules  and  regulations  as  may  be
necessary for the enforcement of any act administered by  the
Department.
    8.  To  exchange  with  the Illinois Department of Public
Aid information that may be necessary for the enforcement  of
child  support orders entered pursuant to the Illinois Public
Aid Code, the Illinois Marriage and Dissolution  of  Marriage
Act,  the Non-Support of Spouse and Children Act, the Revised
Uniform Reciprocal Enforcement of Support  Act,  the  Uniform
Interstate  Family Support Act, or the Illinois Parentage Act
of 1984. Notwithstanding any provisions in this Code  to  the
contrary, the Department of Professional Regulation shall not
be  liable  under  any federal or State law to any person for
any disclosure of information to the Illinois  Department  of
Public  Aid  under  this  paragraph 8 or for any other action
taken in good faith to comply with the requirements  of  this
paragraph 8.
    9.   To perform such other duties as may be prescribed by
law.
    The  Department  may,  when  a  fee  is  payable  to  the
Department for a wall certificate of registration provided by
the  Department  of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department, to the Department of
Central Management Services for  deposit  in  the  Paper  and
Printing  Revolving Fund, the remainder shall be deposited in
the General Revenue Fund.
    For the purpose of securing and preparing  evidence,  and
for  the  purchase  of  controlled  substances,  professional
services, and equipment necessary for enforcement activities,
recoupment   of  investigative  costs  and  other  activities
directed at suppressing the misuse and  abuse  of  controlled
substances,  including those activities set forth in Sections
504 and 508 of the Illinois Controlled  Substances  Act,  the
Director  and agents appointed and authorized by the Director
may  expend  such  sums  from  the  Professional   Regulation
Evidence  Fund  as  the  Director  deems  necessary  from the
amounts appropriated for that purpose and such  sums  may  be
advanced  to the agent when the Director deems such procedure
to be in the  public  interest.  Sums  for  the  purchase  of
controlled  substances,  professional services, and equipment
necessary for enforcement activities and other activities  as
set  forth in this Section shall be advanced to the agent who
is to make such purchase  from  the  Professional  Regulation
Evidence  Fund  on  vouchers  signed  by  the  Director.  The
Director and such agents are authorized to  maintain  one  or
more  commercial  checking  accounts  with  any State banking
corporation or corporations organized under or subject to the
Illinois Banking Act for the deposit and withdrawal of moneys
to be used for  the  purposes  set  forth  in  this  Section;
provided,  that  no  check  may be written nor any withdrawal
made from any such account except upon the written signatures
of 2 persons designated by the Director to write such  checks
and  make  such  withdrawals.  Vouchers for such expenditures
must be signed by the  Director  and  all  such  expenditures
shall  be  audited  by  the  Director  and the audit shall be
submitted to the Department of  Central  Management  Services
for approval.
    Whenever  the Department is authorized or required by law
to  consider  some  aspect   of   criminal   history   record
information  for  the  purpose  of carrying out its statutory
powers and responsibilities, then, upon request  and  payment
of fees in conformance with the requirements of subsection 22
of  Section 55a of the Civil Administrative Code of Illinois,
the Department of State  Police  is  authorized  to  furnish,
pursuant   to   positive   identification,  such  information
contained in State files  as  is  necessary  to  fulfill  the
request.
    The  provisions  of  this Section do not apply to private
business and vocational schools as defined by  Section  1  of
the Private Business and Vocational Schools Act.
    Beginning  July  1,  1995, this Section does not apply to
those professions, trades, and occupations licensed under the
Real Estate License Act of 2000 1983 nor does it apply to any
permits, certificates, or other authorizations to do business
provided for in the Land Sales Registration Act  of  1989  or
the Illinois Real Estate Time-Share Act.
(Source:  P.A. 89-6, eff. 3-6-95; 89-23, eff. 7-1-95; 89-237,
eff. 8-4-95; 89-411, eff. 6-1-96; 89-626, eff. 8-9-96; 90-18,
eff. 7-1-97.)

    Section  905-15.  The Residential Mortgage License Act of
1987 is amended by changing Section 1-4 as follows:

    (205 ILCS 635/1-4) (from Ch. 17, par. 2321-4)
    Sec. 1-4.  Definitions.
    (a)  "Residential real  property"  or  "residential  real
estate"  shall  mean  real  property  located  in  this State
improved by a one-to-four family dwelling used  or  occupied,
wholly  or  partly,  as  the home or residence of one or more
persons  and  may  refer,  subject  to  regulations  of   the
Commissioner,  to  unimproved  real property upon which those
kinds dwellings are to be constructed.
    (b)  "Making a residential mortgage loan" or  "funding  a
residential  mortgage  loan"  shall  mean for compensation or
gain, either  directly  or  indirectly,  advancing  funds  or
making  a commitment to advance funds to a loan applicant for
a residential mortgage loan.
    (c)  "Soliciting, processing, placing, or  negotiating  a
residential  mortgage  loan"  shall  mean for compensation or
gain, either directly or indirectly, accepting or offering to
accept  an  application  for  a  residential  mortgage  loan,
assisting or offering to  assist  in  the  processing  of  an
application  for  a  residential mortgage loan on behalf of a
borrower, or negotiating or offering to negotiate  the  terms
or conditions of a residential mortgage loan with a lender on
behalf  of  a  borrower  including,  but  not limited to, the
submission of credit packages for the  approval  of  lenders,
the   preparation   of   residential  mortgage  loan  closing
documents, including a closing in the name of a broker.
    (d)  "Exempt entity" shall mean the following:
         (1) (i)  Any banking organization or foreign banking



    corporation licensed  by  the  Illinois  Commissioner  of
    Banks and Real Estate or the United States Comptroller of
    the Currency to transact business in this State; (ii) any
    national  bank,  federally  chartered  savings  and  loan
    association,  federal savings bank, federal credit union;
    (iii) any  pension  trust,  bank  trust,  or  bank  trust
    company;  (iv)  any savings and loan association, savings
    bank, or credit union organized under the laws of this or
    any other state; (v) any  Illinois  Consumer  Installment
    Loan  Act licensee; (vi) any insurance company authorized
    to transact business in  this  State;  (vii)  any  entity
    engaged solely in commercial mortgage lending; (viii) any
    service  corporation of a savings and loan association or
    savings bank organized under the laws of  this  State  or
    the  service corporation of a federally chartered savings
    and loan association or savings bank having its principal
    place of business in this State,  other  than  a  service
    corporation licensed or entitled to reciprocity under the
    Real  Estate  License Act of 2000 1983; or (ix) any first
    tier subsidiary of a bank, the charter of which is issued
    under  the  Illinois  Banking   Act   by   the   Illinois
    Commissioner  of Banks and Real Estate, or the first tier
    subsidiary of a  bank  chartered  by  the  United  States
    Comptroller  of  the  Currency and that has its principal
    place of business in this State, provided that the  first
    tier  subsidiary  is  regularly  examined by the Illinois
    Commissioner of Banks and Real Estate or the  Comptroller
    of  the Currency, or a consumer compliance examination is
    regularly conducted by the Federal Reserve Board.
         (2)  Any person or entity  that  either  (i)  has  a
    physical  presence in Illinois or (ii) does not originate
    mortgage loans in the ordinary course of business  making
    or  acquiring  residential mortgage loans with his or her
    or its own funds for his or her  or  its  own  investment
    without  intent  to make, acquire, or resell more than 10
    residential mortgage loans in any one calendar year.
         (3)  Any person employed by a licensee to assist  in
    the  performance  of the activities regulated by this Act
    who is compensated in any manner by only one licensee.
         (4)  Any person licensed pursuant to the Real Estate
    License Act of 2000 1983, who engages only in the  taking
    of  applications  and credit and appraisal information to
    forward to a licensee or an exempt entity under this  Act
    and  who is compensated by either a licensee or an exempt
    entity under this Act, but is not compensated  by  either
    the buyer (applicant) or the seller.
         (5)  Any  individual,  corporation,  partnership, or
    other  entity  that  originates,  services,  or   brokers
    residential  mortgage  loans,  as  these  activities  are
    defined  in  this  Act,  and  who  or  which  receives no
    compensation  for  those  activities,  subject   to   the
    Commissioner's  regulations with regard to the nature and
    amount of compensation.
         (6)  A person who prepares supporting  documentation
    for  a  residential  mortgage loan application taken by a
    licensee and performs  ministerial functions pursuant  to
    specific   instructions   of  the  licensee  who  neither
    requires nor permits the preparer to exercise his or  her
    discretion  or  judgment;  provided that this activity is
    engaged in  pursuant  to  a  binding,  written  agreement
    between the licensee and the preparer that:
              (A)  holds  the  licensee fully accountable for
         the preparer's action; and
              (B)  otherwise meets the requirements  of  this
         Section   and  this  Act,  does  not  undermine  the
         purposes  of  this  Act,  and  is  approved  by  the
         Commissioner.
    (e)  "Licensee" or "residential mortgage licensee"  shall
mean  a person, partnership, association, corporation, or any
other entity who or which is licensed pursuant to this Act to
engage in the activities regulated by this Act.
    (f)  "Mortgage loan" "residential mortgage loan" or "home
mortgage loan" shall mean a loan to or for the benefit of any
natural  person  made  primarily  for  personal,  family,  or
household use, primarily secured  by  either  a  mortgage  on
residential  real  property or certificates of stock or other
evidence of ownership interests  in  and  proprietary  leases
from,   corporations,   partnerships,  or  limited  liability
companies formed for the purpose of cooperative ownership  of
residential real property, all located in Illinois.
    (g)  "Lender"   shall   mean   any  person,  partnership,
association, corporation, or  any  other  entity  who  either
lends or invests money in residential mortgage loans.
    (h)  "Ultimate  equitable owner" shall mean a person who,
directly  or  indirectly,  owns  or  controls  an   ownership
interest   in   a  corporation,  foreign  corporation,  alien
business organization, trust, or any other form  of  business
organization   regardless  of  whether  the  person  owns  or
controls the ownership interest through one or  more  persons
or  one  or  more  proxies,  powers  of  attorney,  nominees,
corporations, associations, partnerships, trusts, joint stock
companies,  or  other entities or devices, or any combination
thereof.
    (i)  "Residential mortgage financing  transaction"  shall
mean  the  negotiation, acquisition, sale, or arrangement for
or the offer to negotiate, acquire, sell, or arrange  for,  a
residential   mortgage  loan  or  residential  mortgage  loan
commitment.
    (j)  "Personal residence address"  shall  mean  a  street
address and shall not include a post office box number.
    (k)  "Residential  mortgage loan commitment" shall mean a
contract for residential mortgage loan financing.
    (l)  "Party   to   a   residential   mortgage   financing
transaction" shall mean a borrower, lender, or loan broker in
a residential mortgage financing transaction.
    (m)  "Payments" shall mean payment of all or any  of  the
following: principal, interest and escrow reserves for taxes,
insurance  and  other related reserves, and reimbursement for
lender advances.
    (n)  "Commissioner" shall mean the Commissioner of  Banks
and  Real  Estate or a person authorized by the Commissioner,
the Office of Banks and Real Estate Act, or this Act  to  act
in the Commissioner's stead.
    (o)  "Loan   brokering",   "brokering",   or   "brokerage
service" shall mean the act of helping to obtain from another
entity,  for  a  borrower, a loan secured by residential real
estate situated  in  Illinois  or  assisting  a  borrower  in
obtaining  a loan secured by residential real estate situated
in Illinois in return for consideration to be paid by  either
the  borrower  or  the  lender including, but not limited to,
contracting for the delivery of residential mortgage loans to
a third party lender and soliciting, processing, placing,  or
negotiating residential mortgage loans.
    (p)  "Loan  broker"  or  "broker"  shall  mean  a person,
partnership, association, corporation, or  limited  liability
company,    other    than    those   persons,   partnerships,
associations, corporations, or  limited  liability  companies
exempted  from  licensing pursuant to Section 1-4, subsection
(d), of this Act, who performs the  activities  described  in
subsections (c) and (o) of this Section.
    (q)  "Servicing"  shall mean the collection or remittance
for or the right or obligation to collect or  remit  for  any
lender,  noteowner,  noteholder,  or  for  a  licensee's  own
account,  of  payments, interests, principal, and trust items
such as hazard insurance and taxes on a residential  mortgage
loan in accordance with the terms of the residential mortgage
loan;  and  includes loan payment follow-up, delinquency loan
follow-up,  loan  analysis  and  any  notifications  to   the
borrower  that  are  necessary to enable the borrower to keep
the loan current and in good standing.
    (r)  "Full service office" shall mean office and staff in
Illinois   reasonably   adequate   to   handle    efficiently
communications,  questions, and other matters relating to any
application for, or an  existing  home  mortgage  secured  by
residential  real estate situated in Illinois with respect to
which  the  licensee  is  brokering,   funding   originating,
purchasing,  or  servicing.   The management and operation of
each full service office  must  include  observance  of  good
business  practices such as adequate, organized, and accurate
books and records; ample  phone  lines,  hours  of  business,
staff training and supervision, and provision for a mechanism
to resolve consumer inquiries, complaints, and problems.  The
Commissioner  shall  issue  regulations  with regard to these
requirements and shall include an  evaluation  of  compliance
with  this Section in his or her periodic examination of each
licensee.
    (s)  "Purchasing" shall mean the purchase of conventional
or government-insured mortgage loans secured  by  residential
real  estate  situated  in Illinois from either the lender or
from the secondary market.
    (t)  "Borrower" shall mean the person or persons who seek
the services of a loan broker, originator, or lender.
    (u)  "Originating" shall mean the issuing of  commitments
for and funding of residential mortgage loans.
    (v)  "Loan  brokerage  agreement"  shall  mean  a written
agreement in which a broker  or  loan  broker  agrees  to  do
either of the following:
         (1)  obtain  a  residential  mortgage  loan  for the
    borrower  or  assist  the   borrower   in   obtaining   a
    residential mortgage loan; or
         (2)  consider  making a residential mortgage loan to
    the borrower.
    (w)  "Advertisement"   shall   mean   the   attempt    by
publication,   dissemination,   or   circulation  to  induce,
directly  or  indirectly,  any  person  to   enter   into   a
residential  mortgage  loan agreement or residential mortgage
loan brokerage agreement relative to a  mortgage  secured  by
residential real estate situated in Illinois.
    (x)  "Residential   Mortgage   Board"   shall   mean  the
Residential Mortgage Board created in  Section  1-5  of  this
Act.
    (y)  "Government-insured  mortgage  loan"  shall mean any
mortgage loan made on the security of residential real estate
insured by the Department of Housing and Urban Development or
Farmers  Home  Loan  Administration,  or  guaranteed  by  the
Veterans Administration.
    (z)  "Annual audit" shall mean a certified audit  of  the
licensee's  books and records and systems of internal control
performed by a certified public accountant in accordance with
generally  accepted  accounting  principles   and   generally
accepted auditing standards.
    (aa)  "Financial  institution"  shall  mean a savings and
loan association, savings  bank,  credit  union,  or  a  bank
organized  under  the  laws of Illinois or a savings and loan
association, savings bank, credit union or a  bank  organized
under  the  laws  of  the  United States and headquartered in
Illinois.
    (bb)  "Escrow agent" shall mean a third party, individual
or entity charged with the fiduciary obligation  for  holding
escrow  funds  on  a  residential mortgage loan pending final
payout of those funds in accordance with  the  terms  of  the
residential mortgage loan.
    (cc)  "Net worth" shall have the meaning ascribed thereto
in Section 3-5 of this Act.
    (dd)  "Affiliate" shall mean:
         (1)  any   entity   that  directly  controls  or  is
    controlled by the licensee and any other company that  is
    directly  affecting activities regulated by this Act that
    is controlled by the company that controls the licensee;
         (2)  any entity:
              (A)  that   is    controlled,    directly    or
         indirectly,  by  a trust or otherwise, by or for the
         benefit  of   shareholders   who   beneficially   or
         otherwise  control, directly or indirectly, by trust
         or otherwise,  the  licensee  or  any  company  that
         controls the licensee; or
              (B)  a majority of the directors or trustees of
         which  constitute  a majority of the persons holding
         any such office with the  licensee  or  any  company
         that controls the licensee;
         (3)  any company, including a real estate investment
    trust,  that  is  sponsored  and advised on a contractual
    basis by the licensee or any subsidiary or  affiliate  of
    the licensee.
    The  Commissioner  may  define by rule and regulation any
terms  used  in  this  Act  for  the  efficient   and   clear
administration of this Act.
    (ee)  "First   tier   subsidiary"  shall  be  defined  by
regulation incorporating the comparable definitions  used  by
the  Office  of  the  Comptroller  of  the  Currency  and the
Illinois Commissioner of Banks and Real Estate.
    (ff)  "Gross  delinquency  rate"   means   the   quotient
determined  by  dividing  (1)  the  sum  of (i) the number of
government-insured  residential  mortgage  loans  funded   or
purchased  by  a licensee in the preceding calendar year that
are  delinquent  and  (ii)   the   number   of   conventional
residential   mortgage  loans  funded  or  purchased  by  the
licensee in the preceding calendar year that  are  delinquent
by  (2)  the  sum  of  (i)  the  number of government-insured
residential  mortgage  loans  funded  or  purchased  by   the
licensee  in  the preceding calendar year and (ii) the number
of  conventional  residential  mortgage   loans   funded   or
purchased by the licensee in the preceding calendar year.
    (gg)  "Delinquency  rate  factor" means the factor set by
rule of the Commissioner that is multiplied  by  the  average
gross  delinquency rate of licensees, determined annually for
the immediately preceding calendar year, for the  purpose  of
determining   which   licensees  shall  be  examined  by  the
Commissioner pursuant to subsection (b)  of  Section  4-8  of
this Act.
(Source:  P.A.  89-355,  eff.  8-17-95;  89-508, eff. 7-3-96;
90-772, eff. 1-1-99.)

    Section  905-20.  The Title Insurance Act is  amended  by
changing Section 3 as follows:

    (215 ILCS 155/3) (from Ch. 73, par. 1403)
    Sec.  3.   As  used  in  this  Act, the words and phrases
following  shall  have  the  following  meanings  unless  the
context requires otherwise:
    (1)  "Business of guaranteeing or insuring titles to real
estate"  means  the  making  as  insurer  or  guarantor,   or
proposing to make as insurer or guarantor, of any contract or
policy  of  title  insurance; the transacting or proposing to
transact, any phase of  title  insurance,  including,  as  an
insurer  or  guarantor,  examination  of title, solicitation,
negotiation preliminary to the execution  of  a  contract  of
title  insurance,  and  execution  of  a  contract  of  title
insurance, insuring and transacting matters subsequent to the
execution  of  the contract and arising out of it, other than
reinsurance; the performance of any  service  in  conjunction
with  the  issuance  of  any  contract  or  policy  of  title



insurance,  including  but not limited to the handling of any
escrow, settlement  or  closing,  if  conducted  by  a  title
insurance  company or title insurance agent; or the doing, or
proposing to do, any business in substance equivalent to  any
of the foregoing in a manner designed to evade the provisions
of this Act.
    (2)  "Title insurance company" means any domestic company
organized  under  the  laws  of this State for the purpose of
conducting the business of guaranteeing or insuring titles to
real estate and any title insurance company  organized  under
the  laws  of  another  State,  the  District  of Columbia or
foreign government and authorized to transact the business of
guaranteeing or insuring titles to real estate in this State.
    (3)  "Title  insurance  agent"  means  a  person,   firm,
partnership,  association,  corporation or other legal entity
registered by a title insurance  company  and  authorized  by
such company to determine insurability of title in accordance
with generally acceptable underwriting rules and standards in
reliance  on  either  the  public records or a search package
prepared from a title  plant,  or  both,  and  authorized  in
addition to do any of the following:  act as an escrow agent,
solicit   title  insurance,  collect  premiums,  issue  title
reports, binders or commitments to insure and policies in its
behalf, provided, however, the term "title  insurance  agent"
shall  not  include  officers  and  salaried employees of any
title insurance company.
    (4)  "Producer of title business" is  any  person,  firm,
partnership,  association,  corporation or other legal entity
engaged in this State in the trade, business,  occupation  or
profession  of  (i)  buying  or  selling  interests  in  real
property,  (ii)  making  loans  secured  by interests in real
property, or (iii) acting  as  broker,  agent,  attorney,  or
representative  of  natural  persons  or other legal entities
that buy or sell interests in  real  property  or  that  lend
money with such interests as security.
    (5)  "Associate"  is  any firm, association, partnership,
corporation or other legal entity  organized  for  profit  in
which a producer of title business is a director, officer, or
partner thereof, or owner of a financial interest, as defined
herein,  in  such  entity; any legal entity that controls, is
controlled by, or is under common control with a producer  of
title  business;  and any natural person or legal entity with
whom  a  producer  of  title  business  has  any   agreement,
arrangement,  or  understanding  or  pursues  any  course  of
conduct  the  purpose  of which is to evade the provisions of
this Act.
    (6)  "Financial  interest"  is  any  ownership  interest,
legal or beneficial,  except  ownership  of  publicly  traded
stock.
    (7)  "Refer"  means to place or cause to be placed, or to
exercise any power or influence over  the  placing  of  title
business, whether or not the consent or approval of any other
person is sought or obtained with respect to the referral.
    (8)  "Escrow  Agent" means any title insurance company or
any title  insurance  agent  acting  on  behalf  of  a  title
insurance company which receives deposits, in trust, of funds
or documents, or both, for the purpose of effecting the sale,
transfer, encumbrance or lease of real property to be held by
such  escrow  agent  until title to the real property that is
the subject of the escrow is in a prescribed condition.
    (9)  "Independent  Escrowee"  means  any  firm,   person,
partnership,  association, corporation or other legal entity,
other than a title insurance company  or  a  title  insurance
agent,  which  receives  deposits,  in  trust,  of  funds  or
documents,  or  both,  for the purpose of effecting the sale,
transfer, encumbrance or lease of real property to be held by
such escrowee until title to the real property  that  is  the
subject  of the escrow is in a prescribed condition.  Federal
and State chartered banks,  savings  and  loan  associations,
credit  unions,  mortgage  bankers,  banks or trust companies
authorized  to  do  business  under  the  Illinois  Corporate
Fiduciary Act, licensees under the Consumer Installment  Loan
Act, real estate brokers licensed pursuant to the Real Estate
License  Act  of 2000 1983, as such Acts are now or hereafter
amended,  and  licensed  attorneys  when   engaged   in   the
attorney-client  relationship  are  exempt  from  the  escrow
provisions of this Act.
    (10)  "Single risk" means the insured amount of any title
insurance policy, except that where 2 or more title insurance
policies are issued simultaneously covering different estates
in the same real property, "single risk" means the sum of the
insured  amounts  of  all such title insurance policies.  Any
title insurance policy insuring a mortgage interest, a  claim
payment  under  which  reduces the insured amount of a fee or
leasehold  title  insurance  policy,  shall  be  excluded  in
computing the amount of a single risk to the extent that  the
insured  amount  of  the mortgage title insurance policy does
not exceed the insured amount of the fee or  leasehold  title
insurance policy.
    (11)  "Department"  means  the  Department  of  Financial
Institutions.
    (12)  "Director"   means   the   Director   of  Financial
Institutions.
(Source: P.A. 86-239.)

    Section  905-25.  The Illinois Highway Code is amended by
changing Section 5-907 as follows:

    (605 ILCS 5/5-907) (from Ch. 121, par. 5-907)
    Sec. 5-907. Advisory Committee. A road improvement impact
fee advisory committee shall be created by the unit of  local
government  intending  to  impose  impact fees.  The Advisory
Committee shall consist of not less than 10 members  and  not
more  than  20  members.  Not less than 40% of the members of
the committee shall be representatives of  the  real  estate,
development,   and   building   industries   and   the  labor
communities and may not be employees or officials of the unit
of local government.
    The members of the Advisory Committee shall  be  selected
as follows:
         (1)  The  representatives  of  real  estate shall be
    licensed under the Real Estate License Act of  2000  1983
    and  shall be designated by the President of the Illinois
    Association of Realtors  from  a  local  Board  from  the
    service area or areas of the unit of local government.
         (2)  The representatives of the development industry
    shall   be   designated   by   the   Regional  Developers
    Association.
         (3)  The representatives of  the  building  industry
    shall  be designated representatives of the Regional Home
    Builders representing  the  unit  of  local  government's
    geographic  area  as  appointed from time to time by that
    Association's president.
         (4)  The labor representatives shall  be  chosen  by
    either  the  Central  Labor  Council  or the Building and
    Construction Trades Council  having  jurisdiction  within
    the unit of local government.
    If the unit of local government is a county, at least 30%
of   the   members   serving   on   the  commission  must  be
representatives of the municipalities within the county.  The
municipal representatives shall be selected by  a  convention
of   mayors  in  the  county,  who  shall  elect  from  their
membership municipal representatives to serve on the Advisory
Committee.  The members  representing  the  county  shall  be
appointed by the chief executive officer of the county.
    If  the  unit  of local government is a municipality, the
non-public representatives shall be appointed  by  the  chief
executive officer of the municipality.
    If  the unit of local government has a planning or zoning
commission, the unit of local government may elect to use its
planning or  zoning  commission  to  serve  as  the  Advisory
Committee,  provided  that not less than 40% of the committee
members  include  representatives   of   the   real   estate,
development,   and   building   industries   and   the  labor
communities who are not employees or officials of the unit of
local government.  A unit of  local  government  may  appoint
additional  members  to  serve  on  the  planning  or  zoning
commission  as ad hoc voting members whenever the planning or
zoning  commission  functions  as  the  Advisory   Committee;
provided  that  no  less  than  40%  of  the  members include
representatives of the real estate, development, and building
industries and the labor communities.
(Source: P.A. 86-97.)

    Section  905-30.  The Illinois Real Estate Time-Share Act
is amended by changing Sections 19, 33, and 34 as follows:

    (765 ILCS 100/19) (from Ch. 30, par. 719)
    Sec. 19.  (a)  Any person acting as a sales  agent  of  a
time-share  estate  of  real  property  without  having first
complied with the Real Estate License Act of 2000 1983  shall
be guilty of a Class A misdemeanor.
    Upon conviction of a second offense the violator shall be
guilty of a Class A misdemeanor.
    Upon  conviction  of  a  third  or subsequent offense the
violator shall be guilty of a Class 4  felony  and  shall  be
fined not less than $15,000 nor more than $50,000.
    (b)  In addition to any other remedies, the Commissioner,
through  the  Attorney  General,  is  authorized  to  file  a
complaint and apply to any circuit court wherein such alleged
acts  are  occurring, and such circuit court may upon hearing
and for cause shown, grant a temporary restraining order or a
preliminary   or   permanent   injunction,   without    bond,
restraining any person from violating this Act whether or not
there exists other judicial remedies.
    (c)  The Commissioner by and through the Attorney General
may file a complaint for violation of this Act.
    (d)  The  penalties  and  remedies  provided  by this Act
shall not be exclusive, but shall be in addition to all other
penalties or remedies provided by law.
(Source: P.A. 89-508, eff. 7-3-96.)

    (765 ILCS 100/33) (from Ch. 30, par. 733)
    Sec. 33.  If a time-share program involves the  offering,
sale,  exchange  or  lease  of  real property, then any sales
agent, involved in the transaction must comply with the  Real
Estate License Act of 2000 1983.
(Source: P.A. 84-821.)

    (765 ILCS 100/34) (from Ch. 30, par. 734)
    Sec.   34.   All  fees  in  the  Real  Estate  Time-Share
Registration Fund on the effective date  of  this  amendatory
Act  of  1986  shall be transferred by the State Treasurer to
the Real Estate License Administration Fund,  established  in
Section  17 of the Real Estate License Act of 2000 1983.  All
fees received under this Act on or after that date  shall  be
deposited into the Real Estate License Administration Fund.
(Source: P.A. 89-508, eff. 7-3-96.)

    Section   905-35.  The Commercial Real Estate Broker Lien
Act is amended by changing Section 5 as follows:

    (770 ILCS 15/5) (from Ch. 82, par. 655)
    Sec. 5.  Definitions.  As used in this Act:
    "Commercial real estate" means any real estate located in
Illinois other than (i)  real  estate  containing  one  to  6
residential  units, (ii) real estate on which no buildings or
structures are located, or (iii) real  estate  classified  as
farmland for assessment purposes under the Property Tax Code.
Commercial  real  estate  shall  not  include  single  family
residential  units such as condominiums, townhouses, or homes
in a subdivision when sold, leased, or otherwise conveyed  on
a unit by unit basis even though these units may be part of a
larger building or parcel of real estate containing more than
6 residential units.
    "Real estate", "broker", and "employee" are defined as in
the Real Estate License Act of 2000 1983.
    "Interest  in  commercial  real  estate"  shall  include,
without  limitation,  any interest in a land trust as defined
in Section 15-1205 of the Code of Civil Procedure.
(Source: P.A. 87-779; 88-354; 88-670, eff. 12-2-94.)

    Section  905-40.  The Illinois Business  Brokers  Act  of
1995 is amended by changing Section 10-80 as follows:

    (815 ILCS 307/10-80)
    Sec.  10-80.  Persons  exempt from registration and other
duties under law;  burden of proof thereof.
    (a)  The  following   persons   are   exempt   from   the
requirements of this Act:
         (1)  Any  attorney  who  is  licensed to practice in
    this State, while engaged in  the  practice  of  law  and
    whose   service   in  relation  to  the  business  broker
    transaction is incidental to the attorney's practice.
         (2)  Any person licensed as a real estate broker  or
    salesperson under the Illinois Real Estate License Act of
    2000 1983 who is primarily engaged in business activities
    for  which  a license is required under that Act and who,
    on an incidental basis, acts as a business broker.
         (3)  Any dealer, salesperson, or investment  adviser
    registered  pursuant  to  the  Illinois Securities Law of
    1953 or any investment  adviser  representative,  or  any
    person  who  is  regularly  engaged  in  the  business of
    offering or selling securities in a transaction  exempted
    under  subsection C, H, M, R, Q, or S of Section 4 of the
    Illinois Securities  Law  of  1953  or  subsection  G  of
    Section 4 of the Illinois Securities Law of 1953 provided
    that  such  person  is  registered  pursuant  to  federal
    securities law.
         (4)  An  associated  person described in subdivision
    (h)(2) of Section 15 of the Federal 1934 Act.
         (5)  An investment adviser  registered  pursuant  to
    Section 203 of the Federal 1940 Investment Advisors Act.
         (6)  A  person  described  in subdivision (a)(11) of
    Section 202 of the Federal 1940 Investment Advisors Act.
         (7)  Any person who is selling a business  owned  or
    operated  (in  whole or  in part) by that person in a one
    time transaction.
    (b)  This Act shall not be deemed to apply in any manner,
directly or indirectly, to: (i)  a  State  bank  or  national
bank, as those terms are defined in the Illinois Banking Act,
or  any  subsidiary  of a State bank or national bank; (ii) a
bank holding company, as that term is defined in the Illinois
Bank Holding Company Act of 1957, or any subsidiary of a bank
holding company; (iii) a foreign banking corporation, as that
term is defined in the Foreign Banking  Office  Act,  or  any
subsidiary   of   a   foreign  banking  corporation;  (iv)  a
representative  office,  as  that  term  is  defined  in  the
Foreign  Bank  Representative  Office  Act;  (v)  a corporate
fiduciary, as that term is defined in the Corporate Fiduciary
Act, or any subsidiary  of  a  corporate  fiduciary;  (vi)  a
savings  bank  organized  under  the  Savings  Bank Act, or a
federal savings bank organized  under  federal  law,  or  any
subsidiary of a savings bank or federal savings bank; (vii) a
savings bank holding company organized under the Savings Bank
Act,  or  any  subsidiary  of a savings bank holding company;
(viii) an association or federal association, as those  terms
are  defined in the Illinois Savings and Loan Act of 1985, or
any subsidiary of an association or federal association; (ix)
a foreign savings and loan  association  or  foreign  savings
bank subject to the Illinois Savings and Loan Act of 1985, or
any  subsidiary  of a foreign savings and loan association or
foreign savings bank; or (x) a savings and  loan  association
holding  company,  as  that  term  is defined in the Illinois
Savings and Loan Act of 1985, or any subsidiary of a  savings
and loan association holding company.
    (b-1)  Persons  registered  under  the Illinois Franchise
Disclosure Act of 1987 (and their employees) are exempt  from
the  requirements  of  this  Act  as  to: offers and sales in
connection with franchising activities; or assisting  any  of
their  franchisees in the offer or sale of a franchise by any
such franchisee for the franchisee's own  account  regardless
of  whether the sale is effected by or through the registered
persons.
    (b-2)  Any  certified  public  accountant   licensed   to
practice  in  Illinois,  while  engaged  in the practice as a
certified public accountant and whose service in relation  to
the  business  broker transaction is incidental to his or her
practice, is exempt from the requirements of this Act.
    (b-3)  Any  publisher,  or  regular  employee   of   such
publisher,  of  a  bona  fide   newspaper or news magazine of
regular and established paid circulation who, in the  routine
course of selling advertising, advertises businesses for sale
and in which no other related services are provided is exempt
from the requirements of this Act.
    (c)  The   burden   of   proof   of   any   exemption  or
classification provided in this Act shall  be  on  the  party
claiming the exemption or classification.
(Source:  P.A.  89-209,  eff.  1-1-96;  89-665, eff. 8-14-96;
90-70, eff. 7-8-97.)

    Section  905-45.   The  Telephone  Solicitations  Act  is
amended by changing Section 10 as follows:

    (815 ILCS 413/10)
    Sec. 10.  Jurisdiction.  No person shall solicit the sale
of  goods or services in this State except in accordance with
this Act. The provisions of  this  Act  shall  not  apply  to
telecommunications carriers as defined in Article XIII of the
Public  Utilities Act or to  any bank, trust company, savings
and  loan  association,  credit  union,  licensee  under  the
Consumer Installment Loan  Act,  licensed  insurer,  licensee
under  the  Real  Estate  License  Act  of  2000 1983, or any
affiliate,  subsidiary,  employee,  or  agent  of  any   such
entities.
(Source: P.A. 90-541, eff. 6-1-98.)

                   ARTICLE 990.  REPEALER

    (225 ILCS 455/Act rep.)
    Section  990-90.   The Real Estate License Act of 1983 is
repealed.

                ARTICLE 999.  EFFECTIVE DATE

    Section 999-99.  Effective date.  This Act  takes  effect
December 31, 1999.

[ Top ]