HB5167 Engrossed LRB102 25439 SPS 34725 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The State Finance Act is amended by adding
5		Section 5.970 as follows:
6		(30 ILCS 105/5.970 new)
7		Sec. 5.970. The Division of Real Estate General Fund.
8		(30 ILCS 105/5.557 rep.)
9		(30 ILCS 105/5.558 rep.)
10		(30 ILCS 105/5.742 rep.)
11		Section 10. The State Finance Act is amended by repealing
12		Sections 5.557, 5.558, and 5.742.
13		Section 15. The Auction License Act is amended by changing
14		Sections 10-5, 10-30, 10-50, 20-15, 20-95, 30-13, and 30-30
15		and by adding Sections 20-11, 20-15.1, 20-16, and 20-105 as
16		follows:
17		(225 ILCS 407/10-5)
18		(Section scheduled to be repealed on January 1, 2030)
19		Sec. 10-5. Requirements for auctioneer license;
20		application.

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1		(a) Every person who desires to obtain an auctioneer
2		license under this Act shall:
3		(1) apply to the Department on forms provided by the
4		Department accompanied by the required fee;
5		(2) be at least 18 years of age;
6		(3) have attained a high school diploma or
7		successfully completed an equivalent course of study
8		determined by an examination conducted by the Illinois
9		State Board of Education; and
10		(4) pass a written examination authorized by the
11		Department to prove competence, including but not limited
12		to general knowledge of Illinois and federal laws
13		pertaining to personal property contracts, auctions, real
14		property, ethics, and other topics relating to the auction
15		business.
16		(b) The Department shall not require applicants to report
17		the following information and shall not consider the following
18		criminal history records in connection with an application for
19		licensure or registration:
20		(1) juvenile adjudications of delinquent minors as
21		defined in Section 5-105 of the Juvenile Court Act of 1987
22		subject to the restrictions set forth in Section 5-130 of
23		that Act;
24		(2) law enforcement records, court records, and
25		conviction records of an individual who was 17 years old
26		at the time of the offense and before January 1, 2014,

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1		unless the nature of the offense required the individual
2		to be tried as an adult;
3		(3) records of arrest not followed by a charge or
4		conviction;
5		(4) records of arrest where the charges were dismissed
6		unless related to the practice of the profession; however,
7		applicants shall not be asked to report any arrests, and
8		an arrest not followed by a conviction shall not be the
9		basis of denial and may be used only to assess an
10		applicant's rehabilitation;
11		(5) convictions overturned by a higher court; or
12		(6) convictions or arrests that have been sealed or
13		expunged.
14		(c) An applicant or licensee shall report to the
15		Department, in a manner prescribed by the Department, and
16		within 30 days after the occurrence if during the term of
17		licensure: (i) any conviction of, or plea of guilty, or nolo
18		contendere to forgery, embezzlement, obtaining money under
19		false pretenses, larceny, extortion, conspiracy to defraud, or
20		any similar offense or offenses or any conviction of a felony
21		involving moral turpitude; or (ii) the entry of an
22		administrative sanction by a government agency in this State
23		or any other jurisdiction that has as an essential element
24		dishonesty or fraud or involves larceny, embezzlement, or
25		obtaining money, property, or credit by false pretenses.
26		(Source: P.A. 101-345, eff. 8-9-19.)

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1		(225 ILCS 407/10-30)
2		(Section scheduled to be repealed on January 1, 2030)
3		Sec. 10-30. Expiration, renewal, and continuing education.
4		(a) License expiration dates, renewal periods, renewal
5		fees, and procedures for renewal of licenses issued under this
6		Act shall be set by rule of the Department. An entity may renew
7		its license by paying the required fee and by meeting the
8		renewal requirements adopted by the Department under this
9		Section.
10		(b) All renewal applicants must provide proof as
11		determined by the Department of having met the continuing
12		education requirements by the deadline set forth by the
13		Department by rule. At a minimum, the rules shall require an
14		applicant for renewal licensure as an auctioneer to provide
15		proof of the completion of at least 12 hours of continuing
16		education during the pre-renewal period established by the
17		Department for completion of continuing education from schools
18		approved by the Department, as established by rule.
19		(c) The Department, in its discretion, may waive
20		enforcement of the continuing education requirements of this
21		Section and shall adopt rules defining the standards and
22		criteria for such waiver.
23		(d) (Blank).
24		(e) The Department shall not renew a license if the
25		licensee has an unpaid fine or fee from a disciplinary matter

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1		or from a non-disciplinary action imposed by the Department
2		until the fine or fee is paid to the Department or the licensee
3		has entered into a payment plan and is current on the required
4		payments.
5		(f) The Department shall not issue a license if the
6		applicant has an unpaid fine imposed by the Department for
7		unlicensed practice until the fine is paid to the Department
8		or the applicant has entered into a payment plan and is current
9		on the required payments.
10		(Source: P.A. 100-831, eff. 1-1-19.)
11		(225 ILCS 407/10-50)
12		(Section scheduled to be repealed on January 1, 2030)
13		Sec. 10-50. Fees; disposition of funds.
14		(a) The Department shall establish by rule a schedule of
15		fees for the administration and maintenance of this Act. Such
16		fees shall be nonrefundable.
17		(b) Prior to January 1, 2023, all All fees collected under
18		this Act shall be deposited into the General Professions
19		Dedicated Fund and appropriated to the Department for the
20		ordinary and contingent expenses of the Department in the
21		administration of this Act. Beginning on January 1, 2023, all
22		fees, fines, penalties, or other monies received or collected
23		pursuant to this Act shall be deposited in the Division of Real
24		Estate General Fund.
25		(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)

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1		(225 ILCS 407/20-11 new)
2		Sec. 20-11. Confidentiality. All information collected by
3		the Department in the course of an examination or
4		investigation of a licensee or applicant, including, but not
5		limited to, any complaint against a licensee filed with the
6		Department and information collected to investigate any such
7		complaint, shall be maintained for the confidential use of the
8		Department and shall not be disclosed. The Department may not
9		disclose the information to anyone other than law enforcement
10		officials, other regulatory agencies that have an appropriate
11		regulatory interest as determined by the Secretary, or to a
12		party presenting a lawful subpoena to the Department.
13		Information and documents disclosed to a federal, State,
14		county, or local law enforcement agency shall not be disclosed
15		by the agency for any purpose to any other agency or person. A
16		formal complaint filed against a licensee by the Department or
17		any order issued by the Department against a licensee or
18		applicant shall be a public record, except as otherwise
19		prohibited by law.
20		(225 ILCS 407/20-15)
21		(Section scheduled to be repealed on January 1, 2030)
22		Sec. 20-15. Disciplinary actions; grounds. The Department
23		may refuse to issue or renew a license, may place on probation
24		or administrative supervision, suspend, or revoke any license

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1		or may reprimand or take other disciplinary or
2		non-disciplinary action as the Department may deem proper,
3		including the imposition of fines not to exceed $10,000 for
4		each violation upon anyone licensed under this Act for any of
5		the following reasons:
6		(1) False or fraudulent representation or material
7		misstatement in furnishing information to the Department
8		in obtaining or seeking to obtain a license.
9		(2) Violation of any provision of this Act or the
10		rules adopted under this Act.
11		(3) Conviction of or entry of a plea of guilty or nolo
12		contendere, as set forth in subsection (c) of Section
13		10-5, to any crime that is a felony or misdemeanor under
14		the laws of the United States or any state or territory
15		thereof, or entry of an administrative sanction by a
16		government agency in this State or any other jurisdiction
17		that is a misdemeanor, an essential element of which is
18		dishonesty, or any crime that is directly related to the
19		practice of the profession.
20		(3.5) Failing to notify the Department, of any
21		criminal conviction that occurs during the licensee's term
22		of licensure within 30 days after the occurrence, of the
23		information required in subsection (c) of Section 10-5
24		conviction.
25		(4) Being adjudged to be a person under legal
26		disability or subject to involuntary admission or to meet

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1		the standard for judicial admission as provided in the
2		Mental Health and Developmental Disabilities Code.
3		(5) Discipline of a licensee by another state, the
4		District of Columbia, a territory of the United States, a
5		foreign nation, a governmental agency, or any other entity
6		authorized to impose discipline if at least one of the
7		grounds for that discipline is the same as or the
8		equivalent to one of the grounds for discipline set forth
9		in this Act or for failing to report to the Department,
10		within 30 days, any adverse final action taken against the
11		licensee by any other licensing jurisdiction, government
12		agency, law enforcement agency, or court, or liability for
13		conduct that would constitute grounds for action as set
14		forth in this Act.
15		(6) Engaging in the practice of auctioneering,
16		conducting an auction, or providing an auction service
17		without a license or after the license was expired,
18		revoked, suspended, or terminated or while the license was
19		inoperative.
20		(7) Attempting to subvert or cheat on the auctioneer
21		exam or any continuing education exam, or aiding or
22		abetting another to do the same.
23		(8) Directly or indirectly giving to or receiving from
24		a person, firm, corporation, partnership, or association a
25		fee, commission, rebate, or other form of compensation for
26		professional service not actually or personally rendered,

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1		except that an auctioneer licensed under this Act may
2		receive a fee from another licensed auctioneer from this
3		State or jurisdiction for the referring of a client or
4		prospect for auction services to the licensed auctioneer.
5		(9) Making any substantial misrepresentation or
6		untruthful advertising.
7		(10) Making any false promises of a character likely
8		to influence, persuade, or induce.
9		(11) Pursuing a continued and flagrant course of
10		misrepresentation or the making of false promises through
11		a licensee, agent, employee, advertising, or otherwise.
12		(12) Any misleading or untruthful advertising, or
13		using any trade name or insignia of membership in any
14		auctioneer association or organization of which the
15		licensee is not a member.
16		(13) Commingling funds of others with the licensee's
17		his or her own funds or failing to keep the funds of others
18		in an escrow or trustee account.
19		(14) Failure to account for, remit, or return any
20		moneys, property, or documents coming into the licensee's
21		his or her possession that belong to others, acquired
22		through the practice of auctioneering, conducting an
23		auction, or providing an auction service within 30 days of
24		the written request from the owner of said moneys,
25		property, or documents.
26		(15) Failure to maintain and deposit into a special

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1		account, separate and apart from any personal or other
2		business accounts, all moneys belonging to others
3		entrusted to a licensee while acting as an auctioneer,
4		auction firm, or as a temporary custodian of the funds of
5		others.
6		(16) Failure to make available to Department personnel
7		during normal business hours all escrow and trustee
8		records and related documents maintained in connection
9		with the practice of auctioneering, conducting an auction,
10		or providing an auction service within 24 hours after a
11		request from Department personnel.
12		(17) Making or filing false records or reports in the
13		licensee's his or her practice, including but not limited
14		to false records or reports filed with State agencies.
15		(18) Failing to voluntarily furnish copies of all
16		written instruments prepared by the auctioneer and signed
17		by all parties to all parties at the time of execution.
18		(19) Failing to provide information within 30 days in
19		response to a written request made by the Department.
20		(20) Engaging in any act that constitutes a violation
21		of Section 2-102, 3-103, or 3-105 of the Illinois Human
22		Rights Act.
23		(21) (Blank).
24		(22) Engaging in dishonorable, unethical, or
25		unprofessional conduct of a character likely to deceive,
26		defraud, or harm the public.

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1		(23) Offering or advertising real estate for sale or
2		lease at auction without a valid broker or managing
3		broker's license under the Real Estate License Act of
4		1983, or any successor Act, unless exempt from licensure
5		under the terms of the Real Estate License Act of 2000, or
6		any successor Act, except as provided in Section 5-32 of
7		the Real Estate License Act of 2000.
8		(24) Inability to practice the profession with
9		reasonable judgment, skill, or safety as a result of a
10		physical illness, including, but not limited to,
11		deterioration through the aging process or loss of motor
12		skill, or a mental illness, or disability.
13		(25) A pattern of practice or other behavior that
14		demonstrates incapacity or incompetence to practice under
15		this Act.
16		(26) Being named as a perpetrator in an indicated
17		report by the Department of Children and Family Services
18		under the Abused and Neglected Child Reporting Act and
19		upon proof by clear and convincing evidence that the
20		licensee has caused a child to be an abused child or a
21		neglected child as defined in the Abused and Neglected
22		Child Reporting Act.
23		(27) Inability to practice with reasonable judgment,
24		skill, or safety as a result of habitual or excessive use
25		or addiction to alcohol, narcotics, stimulants, or any
26		other chemical agent or drug.

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1		(28) Willfully failing to report an instance of
2		suspected child abuse or neglect as required by the Abused
3		and Neglected Child Reporting Act.
4		The entry of an order by a circuit court establishing that
5		any person holding a license under this Act is subject to
6		involuntary admission or judicial admission, as provided in
7		the Mental Health and Developmental Disabilities Code,
8		operates as an automatic suspension of that license. That
9		person may have his or her license restored only upon the
10		determination by a circuit court that the patient is no longer
11		subject to involuntary admission or judicial admission and the
12		issuance of an order so finding and discharging the patient
13		and upon the Board's recommendation to the Department that the
14		license be restored. Where circumstances so indicate, the
15		Board may recommend to the Department that it require an
16		examination prior to restoring a suspended license.
17		If the Department or Board finds an individual unable to
18		practice because of the reasons set forth in this Section, the
19		Department or Board may require that individual to submit to
20		care, counseling, or treatment by physicians approved or
21		designated by the Department or Board, as a condition, term,
22		or restriction for continued, reinstated, or renewed licensure
23		to practice; or, in lieu of care, counseling, or treatment,
24		the Department may file, or the Board may recommend to the
25		Department to file, a complaint to immediately suspend,
26		revoke, or otherwise discipline the license of the individual.

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

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1		Department. The Department or Board may order the examining
2		physician to present testimony concerning the mental or
3		physical examination of the licensee or applicant. No
4		information shall be excluded by reason of any common law or
5		statutory privilege relating to communications between the
6		licensee or applicant and the examining physician. The
7		examining physicians shall be specifically designated by the
8		Board or Department. The individual to be examined may have,
9		at his or her own expense, another physician of his or her
10		choice present during all aspects of this examination. Failure
11		of an individual to submit to a mental or physical examination
12		when directed shall be grounds for suspension of his or her
13		license until the individual submits to the examination, if
14		the Department finds that, after notice and hearing, the
15		refusal to submit to the examination was without reasonable
16		cause.
17		(Source: P.A. 101-345, eff. 8-9-19.)
18		(225 ILCS 407/20-15.1 new)
19		Sec. 20-15.1. Citations.
20		(a) The Department may adopt rules to permit the issuance
21		of citations to any licensee for failure to comply with the
22		continuing education requirements set forth in this Act or as
23		established by rule. The citation shall be issued to the
24		licensee and shall contain the licensee's name and address,
25		the licensee's license number, the number of required hours of

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1		continuing education that have not been successfully completed
2		by the licensee within the renewal period, and the penalty
3		imposed, which shall not exceed $2,000. The issuance of any
4		such citation shall not excuse the licensee from completing
5		all continuing education required for that renewal period.
6		(b) Service of a citation shall be made in person,
7		electronically, or by mail to the licensee at the licensee's
8		address of record or email address of record, and must clearly
9		state that if the cited licensee wishes to dispute the
10		citation, they may make a written request, within 30 days
11		after the citation is served, for a hearing before the
12		Department. If the cited licensee does not request a hearing
13		within 30 days after the citation is served, then the citation
14		shall become a final, non-disciplinary order, and any fine
15		imposed is due and payable within 60 days after that final
16		order. If the cited licensee requests a hearing within 30 days
17		after the citation is served, the Department shall afford the
18		cited licensee a hearing conducted in the same manner as a
19		hearing provided for in this Act for any violation of this Act
20		and shall determine whether the cited licensee committed the
21		violation as charged and whether the fine as levied is
22		warranted. If the violation is found, any fine shall
23		constitute non-public discipline and be due and payable within
24		30 days after the order of the Secretary, which shall
25		constitute a final order of the Department. No change in
26		license status may be made by the Department until a final

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1		order of the Department has been issued.
2		(c) Payment of a fine that has been assessed pursuant to
3		this Section shall not constitute disciplinary action
4		reportable on the Department's website or elsewhere unless a
5		licensee has previously received 2 or more citations and been
6		assessed 2 or more fines.
7		(d) Nothing in this Section shall prohibit or limit the
8		Department from taking further action pursuant to this Act and
9		rules for additional, repeated, or continuing violations.
10		(225 ILCS 407/20-16 new)
11		Sec. 20-16. Illegal discrimination. When there has been an
12		adjudication in a civil or criminal proceeding that a licensee
13		has illegally discriminated while engaged in any activity for
14		which a license is required under this Act, the Department,
15		upon the recommendation of the Board as to the extent of the
16		suspension or revocation, shall suspend or revoke the license
17		of that licensee in a timely manner, unless the adjudication
18		is in the appeal process. When there has been an order in an
19		administrative proceeding finding that a licensee has
20		illegally discriminated while engaged in any activity for
21		which a license is required under this Act, the Department,
22		upon recommendation of the Board as to the nature and extent of
23		the discipline, shall take one or more of the disciplinary
24		actions provided for in Section 20-15 in a timely manner,
25		unless the administrative order is in the appeal process.

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1		(225 ILCS 407/20-95)
2		(Section scheduled to be repealed on January 1, 2030)
3		Sec. 20-95. Returned checks and dishonored credit card
4		charges; fine. A person who: (i) delivers a check or other
5		payment to the Department that is returned to the Department
6		unpaid by the financial institution upon which it is drawn; or
7		(ii) presents a credit or debit card for payment that is
8		invalid or expired or against which charges by the Department
9		are declined or dishonored, shall pay to the Department, in
10		addition to the amount already owed to the Department, a fee of
11		$50. The Department shall notify the person that the his or her
12		check has been returned and that the person shall pay to the
13		Department by certified check or money order the amount of the
14		returned check plus the $50 fee within 30 calendar days after
15		the date of the notification. If, after the expiration of 30
16		calendar days of the notification, the person has failed to
17		submit the necessary remittance, the Department shall
18		automatically terminate the license or deny the application
19		without a hearing. If, after termination or denial, the person
20		seeks a license, the applicant or licensee he or she shall
21		petition the Department for restoration or issuance of the
22		license and he or she may be subject to additional discipline
23		or fines. The Secretary may waive the fines due under this
24		Section in individual cases where the Secretary finds that the
25		fines would be unreasonable or unnecessarily burdensome.

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1		(Source: P.A. 95-572, eff. 6-1-08.)
2		(225 ILCS 407/20-105 new)
3		Sec. 20-105. No private right of action. Except as
4		otherwise expressly provided for in this Act, nothing in this
5		Act shall be construed to grant to any person a private right
6		of action to enforce the provisions of this Act or the rules
7		adopted under this Act.
8		(225 ILCS 407/30-13)
9		(Section scheduled to be repealed on January 1, 2030)
10		Sec. 30-13. The Division of Real Estate General
11		Professions Dedicated Fund. Prior to January 1, 2023, all All
12		of the fees, fines, and penalties collected under this Act
13		shall be deposited into the General Professions Dedicated
14		Fund. Prior to January 1, 2023, the The monies deposited into
15		the General Professions Dedicated Fund shall be used by the
16		Department, as appropriated, for the ordinary and contingent
17		expenses of the Department. Monies in the General Professions
18		Dedicated Fund may be invested and reinvested, with all
19		earnings received from investments to be deposited into that
20		Fund and used for the same purposes as fees deposited in that
21		Fund.
22		Beginning on January 1, 2023, all of the fees, fines, and
23		penalties collected under this Act shall be deposited into the
24		Division of Real Estate General Fund. The monies deposited

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1		into the Division of Real Estate General Fund shall be used by
2		the Department, as appropriated, for the ordinary and
3		contingent expenses of the Department. Monies in the Division
4		of Real Estate General Fund may be invested and reinvested,
5		with all earnings received from investments to be deposited
6		into that Fund and used for the same purposes as fees deposited
7		in that Fund.
8		(Source: P.A. 96-730, eff. 8-25-09.)
9		(225 ILCS 407/30-30)
10		(Section scheduled to be repealed on January 1, 2030)
11		Sec. 30-30. Auction Advisory Board.
12		(a) There is hereby created the Auction Advisory Board.
13		The Advisory Board shall consist of 7 members and shall be
14		appointed by the Secretary. In making the appointments, the
15		Secretary shall give due consideration to the recommendations
16		by members and organizations of the industry, including but
17		not limited to the Illinois State Auctioneers Association.
18		Five members of the Advisory Board shall be licensed
19		auctioneers, except that for the initial appointments, these
20		members may be persons without a license, but who have been
21		auctioneers for at least 5 years preceding their appointment
22		to the Advisory Board. One member shall be a public member who
23		represents the interests of consumers and who is not licensed
24		under this Act or the spouse of a person licensed under this
25		Act or who has any responsibility for management or formation

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1		of policy of or any financial interest in the auctioneering
2		profession or any other connection with the profession. One
3		member shall be actively engaged in the real estate industry
4		and licensed as a broker or managing broker salesperson. The
5		Advisory Board shall annually elect, at its first meeting of
6		the fiscal year, one of its members to serve as Chairperson.
7		(b) The members' terms shall be for 4 years and until a
8		successor is appointed expire upon completion of the term. No
9		member shall be reappointed to the Board for a term that would
10		cause the member's his or her cumulative service to the Board
11		to exceed 10 years. Appointments to fill vacancies shall be
12		made by the Secretary for the unexpired portion of the term. To
13		the extent practicable, the Secretary shall appoint members to
14		ensure that the various geographic regions of the State are
15		properly represented on the Advisory Board.
16		(c) Four Board members shall constitute a quorum. A quorum
17		is required for all Board decisions. A vacancy in the
18		membership of the Board shall not impair the right of a quorum
19		to exercise all of the rights and perform all of the duties of
20		the Board.
21		(d) Each member of the Advisory Board may shall receive a
22		per diem stipend in an amount to be determined by the
23		Secretary. While engaged in the performance of duties, each
24		Each member shall be reimbursed for paid his or her necessary
25		expenses while engaged in the performance of his or her
26		duties.

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1		(e) Members of the Advisory Board shall be immune from
2		suit in an action based upon any disciplinary proceedings or
3		other acts performed in good faith as members of the Advisory
4		Board.
5		(f) The Advisory Board shall meet as convened by the
6		Department.
7		(g) The Advisory Board shall advise the Department on
8		matters of licensing and education and make recommendations to
9		the Department on those matters and shall hear and make
10		recommendations to the Secretary on disciplinary matters that
11		require a formal evidentiary hearing.
12		(h) The Secretary shall give due consideration to all
13		recommendations of the Advisory Board.
14		(Source: P.A. 100-886, eff. 8-14-18.)
15		Section 20. The Community Association Manager Licensing
16		and Disciplinary Act is amended by changing Sections 10, 25,
17		55, 60, and 65 as follows:
18		(225 ILCS 427/10)
19		(Section scheduled to be repealed on January 1, 2027)
20		Sec. 10. Definitions. As used in this Act:
21		"Address of record" means the designated street address,
22		which may not be a post office box, recorded by the Department
23		in the applicant's or licensee's application file or license
24		file maintained by the Department.

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1		"Advertise" means, but is not limited to, issuing or
2		causing to be distributed any card, sign or device to any
3		person; or causing, permitting or allowing any sign or marking
4		on or in any building, structure, newspaper, magazine or
5		directory, or on radio or television; or advertising by any
6		other means designed to secure public attention, including,
7		but not limited to, print, electronic, social media, and
8		digital forums.
9		"Board" means the Community Association Manager Licensing
10		and Disciplinary Board.
11		"Community association" means an association in which
12		membership is a condition of ownership or shareholder interest
13		of a unit in a condominium, cooperative, townhouse, villa, or
14		other residential unit which is part of a residential
15		development plan and that is authorized to impose an
16		assessment, rents, or other costs that may become a lien on the
17		unit or lot.
18		"Community association funds" means any assessments, fees,
19		fines, or other funds collected by the community association
20		manager from the community association, or its members, other
21		than the compensation paid to the community association
22		manager for performance of community association management
23		services.
24		"Community association management firm" means a company,
25		corporation, limited liability company, partnership, or other
26		entity that engages in community association management

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1		services.
2		"Community association management services" means those
3		services listed in the definition of community association
4		manager in this Section.
5		"Community association manager" means an individual who:
6		(1) has an ownership interest in or is employed by a
7		community association management firm, or is directly
8		employed by or provides services as an independent
9		contractor to a community association; and
10		(2) administers for remuneration the financial,
11		administrative, maintenance, or other duties for the
12		community association, including the following services:
13		(A) collecting, controlling or disbursing funds of
14		the community association or having the authority to
15		do so;
16		(B) preparing budgets or other financial documents
17		for the community association;
18		(C) assisting in the conduct of community
19		association meetings;
20		(D) maintaining association records;
21		(E) administering association contracts or
22		procuring goods and services in accordance with the
23		declaration, bylaws, proprietary lease, declaration of
24		covenants, or other governing document of the
25		community association or at the direction of the board
26		of managers; and

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1		(F) coordinating financial, administrative,
2		maintenance, or other duties called for in the
3		management contract, including individuals who are
4		direct employees of the community association.
5		"Community association manager" does not mean support
6		staff, including, but not limited to bookkeepers,
7		administrative assistants, secretaries, property inspectors,
8		or customer service representatives.
9		"Department" means the Department of Financial and
10		Professional Regulation.
11		"Designated community association manager" means a
12		licensed community association manager who: (1) has an
13		ownership interest in or is employed by a community
14		association management firm to act as a controlling person;
15		and (2) is the authorized signatory or has delegated signing
16		authority for the firm on community association accounts; and
17		(3) supervises, manages, and is responsible for the firm's
18		community association manager activities pursuant to Section
19		50 of this Act.
20		"Email address of record" means the designated email
21		address recorded by the Department in the applicant's
22		application file or the licensee's license file, as maintained
23		by the Department.
24		"License" means the privilege conferred by the Department
25		to a person that has fulfilled all requirements prerequisite
26		to any type of licensure under this Act.

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1		"Licensee" means any person licensed under this Act a
2		community association manager or a community association
3		management firm.
4		"Person" means any individual, corporation, partnership,
5		limited liability company, or other legal entity.
6		"Secretary" means the Secretary of Financial and
7		Professional Regulation or the Secretary's designee.
8		(Source: P.A. 102-20, eff. 1-1-22.)
9		(225 ILCS 427/25)
10		(Section scheduled to be repealed on January 1, 2027)
11		Sec. 25. Community Association Manager Licensing and
12		Disciplinary Board.
13		(a) There is hereby created the Community Association
14		Manager Licensing and Disciplinary Board, which shall consist
15		of 7 members appointed by the Secretary. All members must be
16		residents of the State and must have resided in the State for
17		at least 5 years immediately preceding the date of
18		appointment. Five members of the Board must be licensees under
19		this Act. Two members of the Board shall be owners of, or hold
20		a shareholder's interest in, a unit in a community association
21		at the time of appointment who are not licensees under this Act
22		and have no direct affiliation with the community
23		association's community association manager. This Board shall
24		act in an advisory capacity to the Department.
25		(b) The term of each member shall be for 4 years and or

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1		until that member's successor is appointed. No member shall be
2		reappointed to the Board for a term that would cause the
3		member's cumulative service to the Board to exceed 10 years.
4		Appointments to fill vacancies shall be made by the Secretary
5		for the unexpired portion of the term. The Secretary shall
6		remove from the Board any member whose license has become void
7		or has been revoked or suspended and may remove any member of
8		the Board for neglect of duty, misconduct, or incompetence. A
9		member who is subject to formal disciplinary proceedings shall
10		be disqualified from all Board business until the charge is
11		resolved. A member also shall be disqualified from any matter
12		on which the member cannot act objectively.
13		(c) Four Board members shall constitute a quorum. A quorum
14		is required for all Board decisions. A vacancy in the
15		membership of the Board shall not impair the right of a quorum
16		to exercise all of the rights and perform all of the duties of
17		the Board.
18		(d) The Board shall elect annually, at its first meeting
19		of the fiscal year, a chairperson and vice chairperson.
20		(e) Each member shall be reimbursed receive reimbursement
21		as set by the Governor's Travel Control Board for necessary
22		expenses incurred in carrying out the duties as a Board
23		member. The Board may receive a per diem stipend in an amount
24		to shall be compensated as determined by the Secretary.
25		(f) The Board may recommend policies, procedures, and
26		rules relevant to the administration and enforcement of this

HB5167 Engrossed - 27 - LRB102 25439 SPS 34725 b
1		Act.
2		(g) Members of the Board shall be immune from suit in an
3		action based upon any disciplinary proceedings or other acts
4		performed in good faith as members of the Board.
5		(Source: P.A. 102-20, eff. 1-1-22.)
6		(225 ILCS 427/55)
7		(Section scheduled to be repealed on January 1, 2027)
8		Sec. 55. Fidelity insurance; segregation of accounts.
9		(a) The designated community association manager or the
10		community association management firm that employs the
11		designated community association manager shall not have access
12		to and disburse community association funds unless each of the
13		following conditions occur:
14		(1) There is fidelity insurance in place to insure
15		against loss or theft of community association funds.
16		(2) The fidelity insurance is in the maximum amount of
17		coverage available to protect funds in the custody or
18		control of the designated community association manager or
19		community association management firm providing service to
20		the association.
21		(3) During the term and coverage period of the
22		insurance, the fidelity insurance shall cover:
23		(A) the designated community association manager;
24		(B) the community association management firm;
25		(C) all community association managers;

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1		(D) all partners, officers, and employees of the
2		community association management firm; and
3		(E) the community association officers, directors,
4		and employees.
5		(4) The insurance company issuing the fidelity
6		insurance may not cancel or refuse to renew the bond
7		without giving at least 10 days' prior written notice.
8		(5) Unless an agreement between the community
9		association and the designated community association
10		manager or the community association management firm
11		provides to the contrary, a community association may
12		secure and pay for the fidelity insurance required by this
13		Section. The designated community association manager, all
14		other licensees, and the community association management
15		firm must be named as additional insured parties on the
16		community association policy. If the fidelity insurance is
17		not secured and paid for by the association, the community
18		association manager or the community association
19		management firm that secures and pays for the insurance
20		shall provide a current certificate of fidelity insurance
21		to the community association for which it provides
22		community association management services within 10 days
23		of a request for such certificate by the community
24		association for its records.
25		(b) A community association management firm that provides
26		community association management services for more than one

HB5167 Engrossed - 29 - LRB102 25439 SPS 34725 b
1		community association shall maintain separate, segregated
2		accounts for each community association. The funds shall not,
3		in any event, be commingled with the supervising community
4		association manager's or community association management
5		firm's funds. The funds shall not, in any event, be commingled
6		with the funds of the community association manager, the
7		community association management firm, or any other community
8		association. The maintenance of such accounts shall be
9		custodial, and such accounts shall be in the name of the
10		respective community association.
11		(c) The designated community association manager or
12		community association management firm shall obtain the
13		appropriate general liability and errors and omissions
14		insurance, as determined by the Department, to cover any
15		losses or claims against a community association manager, the
16		designated community association manager, or the community
17		association management firm. The community association manager
18		or the community association management firm shall provide a
19		current certificate of general liability and errors and
20		omissions insurance to the community association for which it
21		provides community association management services within 10
22		days of a request for such certificate by the community
23		association for its records.
24		(d) The Department shall have authority to promulgate
25		additional rules regarding insurance, fidelity insurance and
26		all accounts maintained and to be maintained by a community

HB5167 Engrossed - 30 - LRB102 25439 SPS 34725 b
1		association manager, designated community association manager,
2		or community association management firm.
3		(Source: P.A. 102-20, eff. 1-1-22.)
4		(225 ILCS 427/60)
5		(Section scheduled to be repealed on January 1, 2027)
6		Sec. 60. Licenses; renewals; restoration; person in
7		military service.
8		(a) The expiration date, fees, and renewal period for each
9		license issued under this Act shall be set by rule. The
10		Department may promulgate rules requiring continuing education
11		and set all necessary requirements for such, including but not
12		limited to fees, approved coursework, number of hours, and
13		waivers of continuing education.
14		(b) Any licensee who has an expired license may have the
15		license restored by applying to the Department and filing
16		proof acceptable to the Department of fitness to have the
17		expired license restored, by which may include sworn evidence
18		certifying to active practice in another jurisdiction
19		satisfactory to the Department, complying with any continuing
20		education requirements, and paying the required restoration
21		fee.
22		(c) Any person whose license expired while (i) in federal
23		service on active duty with the Armed Forces of the United
24		States or called into service or training with the State
25		Militia or (ii) in training or education under the supervision

HB5167 Engrossed - 31 - LRB102 25439 SPS 34725 b
1		of the United States preliminary to induction into the
2		military service may have the license renewed or restored
3		without paying any lapsed renewal fees if, within 2 years
4		after honorable termination of the service, training or
5		education, except under condition other than honorable, the
6		licensee furnishes the Department with satisfactory evidence
7		of engagement and that the service, training, or education has
8		been so honorably terminated.
9		(d) A community association manager or community
10		association management firm that notifies the Department, in a
11		manner prescribed by the Department, may place the license on
12		inactive status for a period not to exceed 2 years and shall be
13		excused from the payment of renewal fees until the person
14		notifies the Department in writing of the intention to resume
15		active practice.
16		(e) A community association manager or , community
17		association management firm requesting that the license be
18		changed from inactive to active status shall be required to
19		pay the current renewal fee and shall also demonstrate
20		compliance with the continuing education requirements.
21		(f) No licensee with a nonrenewed or inactive license
22		status or community association management firm operating
23		operation without a designated community association manager
24		shall provide community association management services as set
25		forth in this Act.
26		(g) Any person violating subsection (f) of this Section

HB5167 Engrossed - 32 - LRB102 25439 SPS 34725 b
1		shall be considered to be practicing without a license and
2		will be subject to the disciplinary provisions of this Act.
3		(h) The Department shall not renew a license if the
4		licensee has an unpaid fine or fee from a disciplinary matter
5		or an unpaid fee from a non-disciplinary action imposed by the
6		Department until the fine or fee is paid to the Department or
7		the licensee has entered into a payment plan and is current on
8		the required payments.
9		(i) The Department shall not issue a license if the
10		applicant has an unpaid fine imposed by the Department for
11		unlicensed practice until the fine is paid to the Department
12		or the applicant has entered into a payment plan and is current
13		on the required payments.
14		(Source: P.A. 102-20, eff. 1-1-22.)
15		(225 ILCS 427/65)
16		(Section scheduled to be repealed on January 1, 2027)
17		Sec. 65. Fees; Division of Real Estate General Community
18		Association Manager Licensing and Disciplinary Fund.
19		(a) The fees for the administration and enforcement of
20		this Act, including, but not limited to, initial licensure,
21		renewal, and restoration, shall be set by rule of the
22		Department. The fees shall be nonrefundable.
23		(b) In addition to the application fee, applicants for the
24		examination are required to pay, either to the Department or
25		the designated testing service, a fee covering the cost of

HB5167 Engrossed - 33 - LRB102 25439 SPS 34725 b
1		determining an applicant's eligibility and providing the
2		examination. Failure to appear for the examination on the
3		scheduled date, at the time and place specified, after the
4		applicant's application and fee for examination have been
5		received and acknowledged by the Department or the designated
6		testing service, shall result in the forfeiture of the fee.
7		(c) Prior to January 1, 2023, all All fees, fines,
8		penalties, or other monies received or collected pursuant to
9		this Act shall be deposited in the Community Association
10		Manager Licensing and Disciplinary Fund. Beginning on January
11		1, 2023, all fees, fines, penalties, or other monies received
12		or collected pursuant to this Act shall be deposited in the
13		Division of Real Estate General Fund.
14		(d) Moneys in the Community Association Manager Licensing
15		and Disciplinary Fund and the Division of Real Estate General
16		Fund may be transferred to the Professions Indirect Cost Fund,
17		as authorized under Section 2105-300 of the Department of
18		Professional Regulation Law of the Civil Administrative Code
19		of Illinois.
20		(e) Notwithstanding any other provision of law, in
21		addition to any other transfers that may be provided by law, on
22		January 1, 2023, or as soon thereafter as practical, the State
23		Comptroller shall direct and the State Treasurer shall
24		transfer the remaining balance from the Community Association
25		Manager Licensing and Disciplinary Fund into the Division of
26		Real Estate General Fund. Upon completion of the transfer, the

HB5167 Engrossed - 34 - LRB102 25439 SPS 34725 b
1		Community Association Manager Licensing and Disciplinary Fund
2		is dissolved, and any future deposits due to that Fund and any
3		outstanding obligations or liabilities of that Fund pass to
4		the Division of Real Estate General Fund.
5		(Source: P.A. 102-20, eff. 1-1-22.)
6		Section 25. The Home Inspector License Act is amended by
7		changing Sections 1-10, 5-16, 5-17, 15-5, and 25-5 and by
8		adding Section 15-11 as follows:
9		(225 ILCS 441/1-10)
10		(Section scheduled to be repealed on January 1, 2027)
11		Sec. 1-10. Definitions. As used in this Act, unless the
12		context otherwise requires:
13		"Address of record" means the designated street address,
14		which may not be a post office box, recorded by the Department
15		in the applicant's or licensee's application file or license
16		file as maintained by the Department.
17		"Applicant" means a person who applies to the Department
18		for a license under this Act.
19		"Client" means a person who engages or seeks to engage the
20		services of a home inspector for an inspection assignment.
21		"Department" means the Department of Financial and
22		Professional Regulation.
23		"Email address of record" means the designated email
24		address recorded by the Department in the applicant's

HB5167 Engrossed - 35 - LRB102 25439 SPS 34725 b
1		application file or the licensee's license file, as maintained
2		by the Department.
3		"Home inspection" means the examination and evaluation of
4		the exterior and interior components of residential real
5		property, which includes the inspection of any 2 or more of the
6		following components of residential real property in
7		connection with or to facilitate the sale, lease, or other
8		conveyance of, or the proposed sale, lease or other conveyance
9		of, residential real property:
10		(1) heating, ventilation, and air conditioning system;
11		(2) plumbing system;
12		(3) electrical system;
13		(4) structural composition;
14		(5) foundation;
15		(6) roof;
16		(7) masonry structure; or
17		(8) any other residential real property component as
18		established by rule.
19		"Home inspector" means a person or entity who, for another
20		and for compensation either direct or indirect, performs home
21		inspections.
22		"Home inspection report" or "inspection report" means a
23		written evaluation prepared and issued by a home inspector
24		upon completion of a home inspection, which meets the
25		standards of practice as established by the Department.
26		"Inspection assignment" means an engagement for which a

HB5167 Engrossed - 36 - LRB102 25439 SPS 34725 b
1		home inspector is employed or retained to conduct a home
2		inspection and prepare a home inspection report.
3		"License" means the privilege conferred by the Department
4		to a person who has fulfilled all requirements prerequisite to
5		any type of licensure under this Act.
6		"Licensee" means any person licensed under this Act a home
7		inspector, home inspector entity, or home inspector education
8		provider.
9		"Person" means individuals, entities, corporations,
10		limited liability companies, registered limited liability
11		partnerships, and partnerships, foreign or domestic, except
12		that when the context otherwise requires, the term may refer
13		to a single individual or other described entity.
14		"Residential real property" means real property that is
15		used or intended to be used as a residence by one or more
16		individuals.
17		"Secretary" means the Secretary of Financial and
18		Professional Regulation or the Secretary's designee.
19		"Standards of practice" means recognized standards to be
20		used in a home inspection, as determined by the Department and
21		established by rule.
22		(Source: P.A. 102-20, eff. 1-1-22.)
23		(225 ILCS 441/5-16)
24		(Section scheduled to be repealed on January 1, 2027)
25		Sec. 5-16. Renewal of license.

HB5167 Engrossed - 37 - LRB102 25439 SPS 34725 b
1		(a) The expiration date and renewal period for a home
2		inspector license issued under this Act shall be set by rule.
3		Except as otherwise provided in subsections (b) and (c) of
4		this Section, the holder of a license may renew the license
5		within 90 days preceding the expiration date by:
6		(1) completing and submitting to the Department a
7		renewal application in a manner prescribed by the
8		Department;
9		(2) paying the required fees; and
10		(3) providing evidence of successful completion of the
11		continuing education requirements through courses approved
12		by the Department given by education providers licensed by
13		the Department, as established by rule.
14		(b) A home inspector whose license under this Act has
15		expired may renew the license for a period of 2 years following
16		the expiration date by complying with the requirements of
17		subparagraphs (1), (2), and (3) of subsection (a) of this
18		Section and paying any late penalties established by rule.
19		(c) Notwithstanding subsection (b), a home inspector whose
20		license under this Act has expired may renew the license
21		without paying any lapsed renewal fees or late penalties if
22		(i) the license expired while the home inspector was on active
23		duty with the United States Armed Services, (ii) application
24		for renewal is made within 2 years following the termination
25		of the military service or related education, training, or
26		employment, and (iii) the applicant furnishes to the

HB5167 Engrossed - 38 - LRB102 25439 SPS 34725 b
1		Department an affidavit that the applicant was so engaged.
2		(d) The Department shall provide reasonable care and due
3		diligence to ensure that each licensee under this Act is
4		provided a renewal application at least 90 days prior to the
5		expiration date, but it is the responsibility of each licensee
6		to renew the license prior to its expiration date.
7		(e) The Department shall not renew a license if the
8		licensee has an unpaid fine or fee from a disciplinary matter
9		or from a non-disciplinary action imposed by the Department
10		until the fine or fee is paid to the Department or the licensee
11		has entered into a payment plan and is current on the required
12		payments.
13		(f) The Department shall not issue a license if the
14		applicant has an unpaid fine imposed by the Department for
15		unlicensed practice until the fine is paid to the Department
16		or the applicant has entered into a payment plan and is current
17		on the required payments.
18		(Source: P.A. 102-20, eff. 1-1-22.)
19		(225 ILCS 441/5-17)
20		(Section scheduled to be repealed on January 1, 2027)
21		Sec. 5-17. Renewal of home inspector license; entity.
22		(a) The expiration date and renewal period for a home
23		inspector license for an entity that is not a natural person
24		shall be set by rule. The holder of a license may renew the
25		license within 90 days preceding the expiration date by

HB5167 Engrossed - 39 - LRB102 25439 SPS 34725 b
1		completing and submitting to the Department a renewal
2		application in a manner prescribed by the Department and
3		paying the required fees.
4		(b) An entity that is not a natural person whose license
5		under this Act has expired may renew the license for a period
6		of 2 years following the expiration date by complying with the
7		requirements of subsection (a) of this Section and paying any
8		late penalties established by rule.
9		(c) The Department shall not renew a license if the
10		licensee has an unpaid fine or fee from a disciplinary matter
11		or from a non-disciplinary action imposed by the Department
12		until the fine or fee is paid to the Department or the licensee
13		has entered into a payment plan and is current on the required
14		payments.
15		(d) The Department shall not issue a license if the
16		applicant has an unpaid fine imposed by the Department for
17		unlicensed practice until the fine is paid to the Department
18		or the applicant has entered into a payment plan and is current
19		on the required payments.
20		(Source: P.A. 102-20, eff. 1-1-22.)
21		(225 ILCS 441/15-5)
22		(Section scheduled to be repealed on January 1, 2027)
23		Sec. 15-5. Unlicensed practice; civil penalty.
24		(a) Any person who practices, offers to practice, attempts
25		to practice, or holds oneself himself or herself out to

HB5167 Engrossed - 40 - LRB102 25439 SPS 34725 b
1		practice home inspection or as a home inspector without being
2		licensed under this Act shall, in addition to any other
3		penalty provided by law, pay a civil penalty to the Department
4		in an amount not to exceed $25,000 for each violation of this
5		Act as determined by the Department. The civil penalty shall
6		be assessed by the Department after a hearing is held in
7		accordance with the provisions of this Act.
8		(b) The Department has the authority and power to
9		investigate any unlicensed activity.
10		(c) A civil penalty shall be paid within 60 days after the
11		effective date of the order imposing the civil penalty. The
12		Department may petition the circuit court for a judgment to
13		enforce the collection of the penalty. Prior to January 1,
14		2023, any Any civil penalties collected under this Act shall
15		be made payable to the Department and deposited into the Home
16		Inspector Administration Fund. Beginning on January 1, 2023,
17		any civil penalties collected under this Act shall be made
18		payable to the Department and deposited into the Division of
19		Real Estate General Fund.
20		(Source: P.A. 97-226, eff. 7-28-11.)
21		(225 ILCS 441/15-11 new)
22		Sec. 15-11. Illegal discrimination. When there has been an
23		adjudication in a civil or criminal proceeding that a licensee
24		has illegally discriminated while engaged in any activity for
25		which a license is required under this Act, the Department,

HB5167 Engrossed - 41 - LRB102 25439 SPS 34725 b
1		upon the recommendation of the Board as to the extent of the
2		suspension or revocation, shall suspend or revoke the license
3		of that licensee in a timely manner, unless the adjudication
4		is in the appeal process. When there has been an order in an
5		administrative proceeding finding that a licensee has
6		illegally discriminated while engaged in any activity for
7		which a license is required under this Act, the Department,
8		upon recommendation of the Board as to the nature and extent of
9		the discipline, shall take one or more of the disciplinary
10		actions provided for in Section 15-10 of this Act in a timely
11		manner, unless the administrative order is in the appeal
12		process.
13		(225 ILCS 441/25-5)
14		(Section scheduled to be repealed on January 1, 2027)
15		Sec. 25-5. Division of Real Estate General Home Inspector
16		Administration Fund; surcharge.
17		(a) The Home Inspector Administration Fund is created as a
18		special fund in the State Treasury. Prior to January 1, 2023,
19		all All fees, fines, and penalties received by the Department
20		under this Act shall be deposited into the Home Inspector
21		Administration Fund. All earnings attributable to investment
22		of funds in the Home Inspector Administration Fund shall be
23		credited to the Home Inspector Administration Fund. Subject to
24		appropriation, the moneys in the Home Inspector Administration
25		Fund shall be appropriated to the Department for the expenses

HB5167 Engrossed - 42 - LRB102 25439 SPS 34725 b
1		incurred by the Department in the administration of this Act.
2		(a-5) The Division of Real Estate General Fund is created
3		as a special fund in the State Treasury. Beginning on January
4		1, 2023, all fees, fines, and penalties received by the
5		Department under this Act shall be deposited into the Division
6		of Real Estate General Fund. All earnings attributable to
7		investment of funds in the Division of Real Estate General
8		Fund shall be credited to the Division of Real Estate General
9		Fund. Subject to appropriation, the moneys in the Division of
10		Real Estate General Fund shall be appropriated to the
11		Department for the expenses incurred by the Department in the
12		administration of this Act.
13		(b) (Blank).
14		(c) (Blank).
15		(c-5) Moneys in the Home Inspection Administration Fund
16		and the Division of Real Estate General Fund may be
17		transferred to the Professions Indirect Cost Fund, as
18		authorized under Section 2105-300 of the Department of
19		Professional Regulation Law of the Civil Administrative Code
20		of Illinois.
21		(d) Upon the completion of any audit of the Department, as
22		prescribed by the Illinois State Auditing Act, that includes
23		an audit of the Home Inspector Administration Fund or the
24		Division of Real Estate General Fund, the Department shall
25		make the audit report open to inspection by any interested
26		person.

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1		(e) Notwithstanding any other provision of law, in
2		addition to any other transfers that may be provided by law, on
3		January 1, 2023, or as soon thereafter as practical, the State
4		Comptroller shall direct and the State Treasurer shall
5		transfer the remaining balance from the Home Inspector
6		Administration Fund into the Division of Real Estate General
7		Fund. Upon completion of the transfer, the Home Inspector
8		Administration Fund is dissolved, and any future deposits due
9		to that Fund and any outstanding obligations or liabilities of
10		that Fund pass to the Division of Real Estate General Fund.
11		(Source: P.A. 97-226, eff. 7-28-11.)
12		Section 30. The Real Estate License Act of 2000 is amended
13		by changing Sections 1-10, 5-10, 5-25, 5-45, 5-50, 5-70,
14		15-35, 15-45, 20-20, 20-20.1, 20-69, 20-75, 20-110, 25-10,
15		30-15, and 30-25 and by adding Section 25-38 as follows:
16		(225 ILCS 454/1-10)
17		(Section scheduled to be repealed on January 1, 2030)
18		Sec. 1-10. Definitions. In this Act, unless the context
19		otherwise requires:
20		"Act" means the Real Estate License Act of 2000.
21		"Address of record" means the designated address recorded
22		by the Department in the applicant's or licensee's application
23		file or license file as maintained by the Department.
24		"Agency" means a relationship in which a broker or

HB5167 Engrossed - 44 - LRB102 25439 SPS 34725 b
1		licensee, whether directly or through an affiliated licensee,
2		represents a consumer by the consumer's consent, whether
3		express or implied, in a real property transaction.
4		"Applicant" means any person, as defined in this Section,
5		who applies to the Department for a valid license as a managing
6		broker, broker, or residential leasing agent.
7		"Blind advertisement" means any real estate advertisement
8		that is used by a licensee regarding the sale or lease of real
9		estate, licensed activities, or the hiring of any licensee
10		under this Act that does not include the sponsoring broker's
11		complete business name or, in the case of electronic
12		advertisements, does not provide a direct link to a display
13		with all the required disclosures. The broker's business name
14		in the case of a franchise shall include the franchise
15		affiliation as well as the name of the individual firm.
16		"Board" means the Real Estate Administration and
17		Disciplinary Board of the Department as created by Section
18		25-10 of this Act.
19		"Broker" means an individual, entity, corporation, foreign
20		or domestic partnership, limited liability company, registered
21		limited liability partnership, or other business entity other
22		than a residential leasing agent who, whether in person or
23		through any media or technology, for another and for
24		compensation, or with the intention or expectation of
25		receiving compensation, either directly or indirectly:
26		(1) Sells, exchanges, purchases, rents, or leases real

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1		estate.
2		(2) Offers to sell, exchange, purchase, rent, or lease
3		real estate.
4		(3) Negotiates, offers, attempts, or agrees to
5		negotiate the sale, exchange, purchase, rental, or leasing
6		of real estate.
7		(4) Lists, offers, attempts, or agrees to list real
8		estate for sale, rent, lease, or exchange.
9		(5) Whether for another or themselves, engages in a
10		pattern of business of buying, selling, offering to buy or
11		sell, marketing for sale, exchanging, or otherwise dealing
12		in contracts, including assignable contracts for the
13		purchase or sale of, or options on real estate or
14		improvements thereon. For purposes of this definition, an
15		individual or entity will be found to have engaged in a
16		pattern of business if the individual or entity by itself
17		or with any combination of other individuals or entities,
18		whether as partners or common owners in another entity,
19		has engaged in one or more of these practices on 2 or more
20		occasions in any 12-month period.
21		(6) Supervises the collection, offer, attempt, or
22		agreement to collect rent for the use of real estate.
23		(7) Advertises or represents oneself himself or
24		herself as being engaged in the business of buying,
25		selling, exchanging, renting, or leasing real estate.
26		(8) Assists or directs in procuring or referring of

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1		leads or prospects, intended to result in the sale,
2		exchange, lease, or rental of real estate.
3		(9) Assists or directs in the negotiation of any
4		transaction intended to result in the sale, exchange,
5		lease, or rental of real estate.
6		(10) Opens real estate to the public for marketing
7		purposes.
8		(11) Sells, rents, leases, or offers for sale or lease
9		real estate at auction.
10		(12) Prepares or provides a broker price opinion or
11		comparative market analysis as those terms are defined in
12		this Act, pursuant to the provisions of Section 10-45 of
13		this Act.
14		"Brokerage agreement" means a written or oral agreement
15		between a sponsoring broker and a consumer for licensed
16		activities to be provided to a consumer in return for
17		compensation or the right to receive compensation from
18		another. Brokerage agreements may constitute either a
19		bilateral or a unilateral agreement between the broker and the
20		broker's client depending upon the content of the brokerage
21		agreement. All exclusive brokerage agreements shall be in
22		writing.
23		"Broker price opinion" means an estimate or analysis of
24		the probable selling price of a particular interest in real
25		estate, which may provide a varying level of detail about the
26		property's condition, market, and neighborhood and information

HB5167 Engrossed - 47 - LRB102 25439 SPS 34725 b
1		on comparable sales. The activities of a real estate broker or
2		managing broker engaging in the ordinary course of business as
3		a broker, as defined in this Section, shall not be considered a
4		broker price opinion if no compensation is paid to the broker
5		or managing broker, other than compensation based upon the
6		sale or rental of real estate. A broker price opinion shall not
7		be considered an appraisal within the meaning of the Real
8		Estate Appraiser Licensing Act of 2002, any amendment to that
9		Act, or any successor Act.
10		"Client" means a person who is being represented by a
11		licensee.
12		"Comparative market analysis" means an analysis or opinion
13		regarding pricing, marketing, or financial aspects relating to
14		a specified interest or interests in real estate that may be
15		based upon an analysis of comparative market data, the
16		expertise of the real estate broker or managing broker, and
17		such other factors as the broker or managing broker may deem
18		appropriate in developing or preparing such analysis or
19		opinion. The activities of a real estate broker or managing
20		broker engaging in the ordinary course of business as a
21		broker, as defined in this Section, shall not be considered a
22		comparative market analysis if no compensation is paid to the
23		broker or managing broker, other than compensation based upon
24		the sale or rental of real estate. A comparative market
25		analysis shall not be considered an appraisal within the
26		meaning of the Real Estate Appraiser Licensing Act of 2002,

HB5167 Engrossed - 48 - LRB102 25439 SPS 34725 b
1		any amendment to that Act, or any successor Act.
2		"Compensation" means the valuable consideration given by
3		one person or entity to another person or entity in exchange
4		for the performance of some activity or service. Compensation
5		shall include the transfer of valuable consideration,
6		including without limitation the following:
7		(1) commissions;
8		(2) referral fees;
9		(3) bonuses;
10		(4) prizes;
11		(5) merchandise;
12		(6) finder fees;
13		(7) performance of services;
14		(8) coupons or gift certificates;
15		(9) discounts;
16		(10) rebates;
17		(11) a chance to win a raffle, drawing, lottery, or
18		similar game of chance not prohibited by any other law or
19		statute;
20		(12) retainer fee; or
21		(13) salary.
22		"Confidential information" means information obtained by a
23		licensee from a client during the term of a brokerage
24		agreement that (i) was made confidential by the written
25		request or written instruction of the client, (ii) deals with
26		the negotiating position of the client, or (iii) is

HB5167 Engrossed - 49 - LRB102 25439 SPS 34725 b
1		information the disclosure of which could materially harm the
2		negotiating position of the client, unless at any time:
3		(1) the client permits the disclosure of information
4		given by that client by word or conduct;
5		(2) the disclosure is required by law; or
6		(3) the information becomes public from a source other
7		than the licensee.
8		"Confidential information" shall not be considered to
9		include material information about the physical condition of
10		the property.
11		"Consumer" means a person or entity seeking or receiving
12		licensed activities.
13		"Coordinator" means the Coordinator of Real Estate created
14		in Section 25-15 of this Act.
15		"Credit hour" means 50 minutes of instruction in course
16		work that meets the requirements set forth in rules adopted by
17		the Department.
18		"Customer" means a consumer who is not being represented
19		by the licensee.
20		"Department" means the Department of Financial and
21		Professional Regulation.
22		"Designated agency" means a contractual relationship
23		between a sponsoring broker and a client under Section 15-50
24		of this Act in which one or more licensees associated with or
25		employed by the broker are designated as agent of the client.
26		"Designated agent" means a sponsored licensee named by a

HB5167 Engrossed - 50 - LRB102 25439 SPS 34725 b
1		sponsoring broker as the legal agent of a client, as provided
2		for in Section 15-50 of this Act.
3		"Designated managing broker" means a managing broker who
4		has supervisory responsibilities for licensees in one or, in
5		the case of a multi-office company, more than one office and
6		who has been appointed as such by the sponsoring broker
7		registered with the Department.
8		"Director" means the Director of Real Estate within the
9		Department of Financial and Professional Regulation.
10		"Dual agency" means an agency relationship in which a
11		licensee is representing both buyer and seller or both
12		landlord and tenant in the same transaction. When the agency
13		relationship is a designated agency, the question of whether
14		there is a dual agency shall be determined by the agency
15		relationships of the designated agent of the parties and not
16		of the sponsoring broker.
17		"Education provider" means a school licensed by the
18		Department offering courses in pre-license, post-license, or
19		continuing education required by this Act.
20		"Employee" or other derivative of the word "employee",
21		when used to refer to, describe, or delineate the relationship
22		between a sponsoring broker and a managing broker, broker, or
23		a residential leasing agent, shall be construed to include an
24		independent contractor relationship, provided that a written
25		agreement exists that clearly establishes and states the
26		relationship.

HB5167 Engrossed - 51 - LRB102 25439 SPS 34725 b
1		"Escrow moneys" means all moneys, promissory notes or any
2		other type or manner of legal tender or financial
3		consideration deposited with any person for the benefit of the
4		parties to the transaction. A transaction exists once an
5		agreement has been reached and an accepted real estate
6		contract signed or lease agreed to by the parties. Escrow
7		moneys includes without limitation earnest moneys and security
8		deposits, except those security deposits in which the person
9		holding the security deposit is also the sole owner of the
10		property being leased and for which the security deposit is
11		being held.
12		"Electronic means of proctoring" means a methodology
13		providing assurance that the person taking a test and
14		completing the answers to questions is the person seeking
15		licensure or credit for continuing education and is doing so
16		without the aid of a third party or other device.
17		"Exclusive brokerage agreement" means a written brokerage
18		agreement that provides that the sponsoring broker has the
19		sole right, through one or more sponsored licensees, to act as
20		the exclusive agent or representative of the client and that
21		meets the requirements of Section 15-75 of this Act.
22		"Inactive" means a status of licensure where the licensee
23		holds a current license under this Act, but the licensee is
24		prohibited from engaging in licensed activities because the
25		licensee is unsponsored or the license of the sponsoring
26		broker with whom the licensee is associated or by whom the

HB5167 Engrossed - 52 - LRB102 25439 SPS 34725 b
1		licensee he or she is employed is currently expired, revoked,
2		suspended, or otherwise rendered invalid under this Act. The
3		license of any business entity that is not in good standing
4		with the Illinois Secretary of State, or is not authorized to
5		conduct business in Illinois, shall immediately become
6		inactive and that entity shall be prohibited from engaging in
7		any licensed activities.
8		"Leads" means the name or names of a potential buyer,
9		seller, lessor, lessee, or client of a licensee.
10		"License" means the privilege conferred by the Department
11		to a person that has fulfilled all requirements prerequisite
12		to any type of licensure under this Act.
13		"Licensed activities" means those activities listed in the
14		definition of "broker" under this Section.
15		"Licensee" means any person licensed under this Act , as
16		defined in this Section, who holds a valid unexpired license
17		as a managing broker, broker, or residential leasing agent.
18		"Listing presentation" means any communication, written or
19		oral and by any means or media, between a managing broker or
20		broker and a consumer in which the licensee is attempting to
21		secure a brokerage agreement with the consumer to market the
22		consumer's real estate for sale or lease.
23		"Managing broker" means a licensee who may be authorized
24		to assume responsibilities as a designated managing broker for
25		licensees in one or, in the case of a multi-office company,
26		more than one office, upon appointment by the sponsoring

HB5167 Engrossed - 53 - LRB102 25439 SPS 34725 b
1		broker and registration with the Department. A managing broker
2		may act as one's his or her own sponsor.
3		"Medium of advertising" means any method of communication
4		intended to influence the general public to use or purchase a
5		particular good or service or real estate, including, but not
6		limited to, print, electronic, social media, and digital
7		forums.
8		"Office" means a broker's place of business where the
9		general public is invited to transact business and where
10		records may be maintained and licenses readily available
11		displayed, whether or not it is the broker's principal place
12		of business.
13		"Person" means and includes individuals, entities,
14		corporations, limited liability companies, registered limited
15		liability partnerships, foreign and domestic partnerships, and
16		other business entities, except that when the context
17		otherwise requires, the term may refer to a single individual
18		or other described entity.
19		"Proctor" means any person, including, but not limited to,
20		an instructor, who has a written agreement to administer
21		examinations fairly and impartially with a licensed education
22		provider.
23		"Real estate" means and includes leaseholds as well as any
24		other interest or estate in land, whether corporeal,
25		incorporeal, freehold, or non-freehold and whether the real
26		estate is situated in this State or elsewhere. "Real estate"

HB5167 Engrossed - 54 - LRB102 25439 SPS 34725 b
1		does not include property sold, exchanged, or leased as a
2		timeshare or similar vacation item or interest, vacation club
3		membership, or other activity formerly regulated under the
4		Real Estate Timeshare Act of 1999 (repealed).
5		"Regular employee" means a person working an average of 20
6		hours per week for a person or entity who would be considered
7		as an employee under the Internal Revenue Service rules for
8		classifying workers.
9		"Renewal period" means the period beginning 90 days prior
10		to the expiration date of a license.
11		"Residential leasing agent" means a person who is employed
12		by a broker to engage in licensed activities limited to
13		leasing residential real estate who has obtained a license as
14		provided for in Section 5-5 of this Act.
15		"Secretary" means the Secretary of the Department of
16		Financial and Professional Regulation, or a person authorized
17		by the Secretary to act in the Secretary's stead.
18		"Sponsoring broker" means the broker who certifies to the
19		Department his, her, or its sponsorship of a licensed managing
20		broker, broker, or a residential leasing agent.
21		"Sponsorship" means that a sponsoring broker has certified
22		to the Department that a managing broker, broker, or
23		residential leasing agent named thereon is employed by or
24		associated by written agreement with the sponsoring broker and
25		the Department has registered the sponsorship, as provided for
26		in Section 5-40 of this Act.

HB5167 Engrossed - 55 - LRB102 25439 SPS 34725 b
1		"Team" means any 2 or more licensees who work together to
2		provide real estate brokerage services, represent themselves
3		to the public as being part of a team or group, are identified
4		by a team name that is different than their sponsoring
5		broker's name, and together are supervised by the same
6		managing broker and sponsored by the same sponsoring broker.
7		"Team" does not mean a separately organized, incorporated, or
8		legal entity.
9		(Source: P.A. 100-188, eff. 1-1-18; 100-534, eff. 9-22-17;
10		100-831, eff. 1-1-19; 100-863, eff. 8-14-18; 101-357, eff.
11		8-9-19.)
12		(225 ILCS 454/5-10)
13		(Section scheduled to be repealed on January 1, 2030)
14		Sec. 5-10. Requirements for license as a residential
15		leasing agent; continuing education.
16		(a) Every applicant for licensure as a residential leasing
17		agent must meet the following qualifications:
18		(1) be at least 18 years of age;
19		(2) be of good moral character;
20		(3) successfully complete a 4-year course of study in
21		a high school or secondary school or an equivalent course
22		of study approved by the state in which the school is
23		located, or possess a high school equivalency certificate,
24		which shall be verified under oath by the applicant;
25		(4) personally take and pass a written examination

HB5167 Engrossed - 56 - LRB102 25439 SPS 34725 b
1		authorized by the Department sufficient to demonstrate the
2		applicant's knowledge of the provisions of this Act
3		relating to residential leasing agents and the applicant's
4		competence to engage in the activities of a licensed
5		residential leasing agent;
6		(5) provide satisfactory evidence of having completed
7		15 hours of instruction in an approved course of study
8		relating to the leasing of residential real property. The
9		Board may recommend to the Department the number of hours
10		each topic of study shall require. The course of study
11		shall, among other topics, cover the provisions of this
12		Act applicable to residential leasing agents; fair housing
13		and human rights issues relating to residential leasing;
14		advertising and marketing issues; leases, applications,
15		and credit and criminal background reports; owner-tenant
16		relationships and owner-tenant laws; the handling of
17		funds; and environmental issues relating to residential
18		real property;
19		(6) complete any other requirements as set forth by
20		rule; and
21		(7) present a valid application for issuance of an
22		initial license accompanied by fees specified by rule.
23		(b) No applicant shall engage in any of the activities
24		covered by this Act without a valid license and until a valid
25		sponsorship has been registered with the Department.
26		(c) Successfully completed course work, completed pursuant

HB5167 Engrossed - 57 - LRB102 25439 SPS 34725 b
1		to the requirements of this Section, may be applied to the
2		course work requirements to obtain a managing broker's or
3		broker's license as provided by rule. The Board may recommend
4		to the Department and the Department may adopt requirements
5		for approved courses, course content, and the approval of
6		courses, instructors, and education providers, as well as
7		education provider and instructor fees. The Department may
8		establish continuing education requirements for residential
9		licensed leasing agents, by rule, consistent with the language
10		and intent of this Act, with the advice of the Board.
11		(d) The continuing education requirement for residential
12		leasing agents shall consist of a single core curriculum to be
13		prescribed by the Department as recommended by the Board.
14		Leasing agents shall be required to complete no less than 8
15		hours of continuing education in the core curriculum during
16		the current term of the license for each 2-year renewal
17		period. The curriculum shall, at a minimum, consist of a
18		single course or courses on the subjects of fair housing and
19		human rights issues related to residential leasing,
20		advertising and marketing issues, leases, applications, credit
21		reports, and criminal history, the handling of funds,
22		owner-tenant relationships and owner-tenant laws, and
23		environmental issues relating to residential real estate.
24		(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
25		(225 ILCS 454/5-25)

HB5167 Engrossed - 58 - LRB102 25439 SPS 34725 b
1		(Section scheduled to be repealed on January 1, 2030)
2		Sec. 5-25. Good moral character.
3		(a) When an applicant has had a his or her license revoked
4		on a prior occasion or when an applicant is found to have
5		committed any of the practices enumerated in Section 20-20 of
6		this Act or when an applicant has been convicted of or enters a
7		plea of guilty or nolo contendere to forgery, embezzlement,
8		obtaining money under false pretenses, larceny, extortion,
9		conspiracy to defraud, or any other similar offense or
10		offenses or has been convicted of a felony involving moral
11		turpitude in any court of competent jurisdiction in this or
12		any other state, district, or territory of the United States
13		or of a foreign country, the Board may consider the prior
14		revocation, conduct, or conviction in its determination of the
15		applicant's moral character and whether to grant the applicant
16		a license.
17		(b) In its consideration of the prior revocation, conduct,
18		or conviction, the Board shall take into account the nature of
19		the conduct, any aggravating or extenuating circumstances, the
20		time elapsed since the revocation, conduct, or conviction, the
21		rehabilitation or restitution performed by the applicant,
22		mitigating factors, and any other factors that the Board deems
23		relevant, including, but not limited to:
24		(1) the lack of direct relation of the offense for
25		which the applicant was previously convicted to the
26		duties, functions, and responsibilities of the position

HB5167 Engrossed - 59 - LRB102 25439 SPS 34725 b
1		for which a license is sought;
2		(2) unless otherwise specified, whether 5 years since
3		a felony conviction or 3 years since release from
4		confinement for the conviction, whichever is later, have
5		passed without a subsequent conviction;
6		(3) if the applicant was previously licensed or
7		employed in this State or other states or jurisdictions,
8		the lack of prior misconduct arising from or related to
9		the licensed position or position of employment;
10		(4) the age of the person at the time of the criminal
11		offense;
12		(5) if, due to the applicant's criminal conviction
13		history, the applicant would be explicitly prohibited by
14		federal rules or regulations from working in the position
15		for which a license is sought;
16		(6) successful completion of sentence and, for
17		applicants serving a term of parole or probation, a
18		progress report provided by the applicant's probation or
19		parole officer that documents the applicant's compliance
20		with conditions of supervision;
21		(7) evidence of the applicant's present fitness and
22		professional character;
23		(8) evidence of rehabilitation or rehabilitative
24		effort during or after incarceration, or during or after a
25		term of supervision, including, but not limited to, a
26		certificate of good conduct under Section 5-5.5-25 of the

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1		Unified Code of Corrections or a certificate of relief
2		from disabilities under Section 5-5.5-10 of the Unified
3		Code of Corrections; and
4		(9) any other mitigating factors that contribute to
5		the person's potential and current ability to perform the
6		job duties.
7		(c) The Department shall not require applicants to report
8		the following information and shall not consider the following
9		criminal history records in connection with an application for
10		licensure or registration:
11		(1) juvenile adjudications of delinquent minors as
12		defined in Section 5-105 of the Juvenile Court Act of 1987
13		subject to the restrictions set forth in Section 5-130 of
14		that Act;
15		(2) law enforcement records, court records, and
16		conviction records of an individual who was 17 years old
17		at the time of the offense and before January 1, 2014,
18		unless the nature of the offense required the individual
19		to be tried as an adult;
20		(3) records of arrests not followed by a charge or
21		conviction;
22		(4) records of arrests where the charges were
23		dismissed unless related to the practice of the
24		profession; however, applicants shall not be asked to
25		report any arrests, and an arrest not followed by a
26		conviction shall not be the basis of a denial and may be

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1		used only to assess an applicant's rehabilitation;
2		(5) convictions overturned by a higher court; or
3		(6) convictions or arrests that have been sealed or
4		expunged.
5		(d) If an applicant makes a false statement of material
6		fact on the his or her application, the false statement may in
7		itself be sufficient grounds to revoke or refuse to issue a
8		license.
9		(e) A licensee shall report to the Department, in a manner
10		prescribed by the Department and within 30 days after the
11		occurrence of: (1) any conviction of or adopted by rule, any
12		plea of guilty, or nolo contendere to forgery, embezzlement,
13		obtaining money under false pretenses, larceny, extortion,
14		conspiracy to defraud, or any similar offense or offenses or
15		any conviction of a felony involving moral turpitude; (2) the
16		entry of an administrative sanction by a government agency in
17		this State or any other jurisdiction that has as an essential
18		element dishonesty or fraud or involves larceny, embezzlement,
19		or obtaining money, property, or credit by false pretenses; or
20		(3) any crime that subjects the licensee to compliance with
21		the requirements of the Sex Offender Registration Act that
22		occurs during the licensee's term of licensure.
23		(Source: P.A. 101-357, eff. 8-9-19.)
24		(225 ILCS 454/5-45)
25		(Section scheduled to be repealed on January 1, 2030)

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1		Sec. 5-45. Offices.
2		(a) If a sponsoring broker maintains more than one office
3		within the State, the sponsoring broker shall notify the
4		Department in a manner prescribed by the Department for each
5		office other than the sponsoring broker's principal place of
6		business. The brokerage license shall be displayed
7		conspicuously in each office. The name of each branch office
8		shall be the same as that of the sponsoring broker's principal
9		office or shall clearly delineate the office's relationship
10		with the principal office.
11		(b) The sponsoring broker shall name a designated managing
12		broker for each office and the sponsoring broker shall be
13		responsible for supervising all designated managing brokers.
14		The sponsoring broker shall notify the Department in a manner
15		prescribed by the Department of the name of all designated
16		managing brokers of the sponsoring broker and the office or
17		offices they manage. Any changes in designated managing
18		brokers shall be reported to the Department in a manner
19		prescribed by the Department within 15 days of the change.
20		Failure to do so shall subject the sponsoring broker to
21		discipline under Section 20-20 of this Act.
22		(c) The sponsoring broker shall, within 24 hours, notify
23		the Department in a manner prescribed by the Department of any
24		opening, closing, or change in location of any office.
25		(d) Except as provided in this Section, each sponsoring
26		broker shall maintain an office, or place of business within

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1		this State for the transaction of real estate business, shall
2		conspicuously display an identification sign on the outside of
3		the his or her physical office of adequate size and
4		visibility. Any record required by this Act to be created or
5		maintained shall be, in the case of a physical record,
6		securely stored and accessible for inspection by the
7		Department at the sponsoring broker's principal office and, in
8		the case of an electronic record, securely stored in the
9		format in which it was originally generated, sent, or received
10		and accessible for inspection by the Department by secure
11		electronic access to the record. Any record relating to a
12		transaction of a special account shall be maintained for a
13		minimum of 5 years, and any electronic record shall be backed
14		up at least monthly. The office or place of business shall not
15		be located in any retail or financial business establishment
16		unless it is clearly separated from the other business and is
17		situated within a distinct area within the establishment.
18		(e) A broker who is licensed in this State by examination
19		or pursuant to the provisions of Section 5-60 of this Act shall
20		not be required to maintain a definite office or place of
21		business in this State provided all of the following
22		conditions are met:
23		(1) the broker maintains an active broker's license in
24		the broker's state of domicile;
25		(2) the broker maintains an office in the broker's
26		state of domicile; and

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1		(3) the broker has filed with the Department written
2		statements appointing the Secretary to act as the broker's
3		agent upon whom all judicial and other process or legal
4		notices directed to the licensee may be served and
5		agreeing to abide by all of the provisions of this Act with
6		respect to the broker's his or her real estate activities
7		within the State of Illinois and submitting to the
8		jurisdiction of the Department.
9		The statements under subdivision (3) of this Section shall
10		be in form and substance the same as those statements required
11		under Section 5-60 of this Act and shall operate to the same
12		extent.
13		(f) The Department may adopt rules to permit and regulate
14		the operation of virtual offices that do not have a fixed
15		location.
16		(Source: P.A. 100-831, eff. 1-1-19; 101-357, eff. 8-9-19.)
17		(225 ILCS 454/5-50)
18		(Section scheduled to be repealed on January 1, 2030)
19		Sec. 5-50. Expiration and renewal of managing broker,
20		broker, or residential leasing agent license; sponsoring
21		broker; register of licensees.
22		(a) The expiration date and renewal period for each
23		license issued under this Act shall be set by rule. Except as
24		otherwise provided in this Section, the holder of a license
25		may renew the license within 90 days preceding the expiration

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1		date thereof by completing the continuing education required
2		by this Act and paying the fees specified by rule.
3		(b) An individual whose first license is that of a broker
4		received on or after the effective date of this amendatory Act
5		of the 101st General Assembly, must provide evidence of having
6		completed 45 hours of post-license education presented in a
7		classroom or a live, interactive webinar, or online distance
8		education course, and which shall require passage of a final
9		examination.
10		The Board may recommend, and the Department shall approve,
11		45 hours of post-license education, consisting of three
12		15-hour post-license courses, one each that covers applied
13		brokerage principles, risk management/discipline, and
14		transactional issues. Each of the courses shall require its
15		own 50-question final examination, which shall be administered
16		by the education provider that delivers the course.
17		Individuals whose first license is that of a broker
18		received on or after the effective date of this amendatory Act
19		of the 101st General Assembly, must complete all three 15-hour
20		courses and successfully pass a course final examination for
21		each course prior to the date of the next broker renewal
22		deadline, except for those individuals who receive their first
23		license within the 180 days preceding the next broker renewal
24		deadline, who must complete all three 15-hour courses and
25		successfully pass a course final examination for each course
26		prior to the second broker renewal deadline that follows the

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1		receipt of their license.
2		(c) Any managing broker, broker, or residential leasing
3		agent whose license under this Act has expired shall be
4		eligible to renew the license during the 2-year period
5		following the expiration date, provided the managing broker,
6		broker, or residential leasing agent pays the fees as
7		prescribed by rule and completes continuing education and
8		other requirements provided for by the Act or by rule. A
9		managing broker, broker, or residential leasing agent whose
10		license has been expired for more than 2 years but less than 5
11		years may have it restored by (i) applying to the Department,
12		(ii) paying the required fee, (iii) completing the continuing
13		education requirements for the most recent term of licensure
14		pre-renewal period that ended prior to the date of the
15		application for reinstatement, and (iv) filing acceptable
16		proof of fitness to have the his or her license restored, as
17		set by rule. A managing broker, broker, or residential leasing
18		agent whose license has been expired for more than 5 years
19		shall be required to meet the requirements for a new license.
20		(d) Notwithstanding any other provisions of this Act to
21		the contrary, any managing broker, broker, or residential
22		leasing agent whose license expired while the licensee he or
23		she was (i) on active duty with the Armed Forces of the United
24		States or called into service or training by the state
25		militia, (ii) engaged in training or education under the
26		supervision of the United States preliminary to induction into

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1		military service, or (iii) serving as the Coordinator of Real
2		Estate in the State of Illinois or as an employee of the
3		Department may have the his or her license renewed, reinstated
4		or restored without paying any lapsed renewal fees if within 2
5		years after the termination of the service, training or
6		education by furnishing the Department with satisfactory
7		evidence of service, training, or education and it has been
8		terminated under honorable conditions.
9		(e) Each licensee shall carry on one's his or her person
10		the his or her license or an electronic version thereof.
11		(f) The Department shall provide to the sponsoring broker
12		a notice of renewal for all sponsored licensees by mailing the
13		notice to the sponsoring broker's address of record, or, at
14		the Department's discretion, emailing the notice to the
15		sponsoring broker's email address of record.
16		(g) Upon request from the sponsoring broker, the
17		Department shall make available to the sponsoring broker, by
18		electronic means at the discretion of the Department, a
19		listing of licensees under this Act who, according to the
20		records of the Department, are sponsored by that broker. Every
21		licensee associated with or employed by a broker whose license
22		is revoked, suspended, or expired shall be considered inactive
23		until such time as the sponsoring broker's license is
24		reinstated or renewed, or a new valid sponsorship is
25		registered with the Department the licensee changes employment
26		as set forth in subsection (b) (c) of Section 5-40 of this Act.

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1		(h) The Department shall not renew a license if the
2		licensee has an unpaid fine or fee from a disciplinary matter
3		from a non-disciplinary action imposed by the Department until
4		the fine or fee is paid to the Department or the licensee has
5		entered into a payment plan and is current on the required
6		payments.
7		(i) The Department shall not issue a license if the
8		applicant has an unpaid fine imposed by the Department for
9		unlicensed practice until the fine is paid to the Department
10		or the applicant has entered into a payment plan and is current
11		on the required payments.
12		(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
13		(225 ILCS 454/5-70)
14		(Section scheduled to be repealed on January 1, 2030)
15		Sec. 5-70. Continuing education requirement; managing
16		broker or broker.
17		(a) The requirements of this Section apply to all managing
18		brokers and brokers.
19		(b) Except as otherwise provided in this Section, each
20		person who applies for renewal of a his or her license as a
21		managing broker or broker must successfully complete 12 hours
22		of real estate continuing education courses recommended by the
23		Board and approved by the Department during the current term
24		of the license. In addition, those licensees renewing or
25		obtaining a managing broker's license must successfully

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1		complete a 12-hour broker management continuing education
2		course approved by the Department during the current term of
3		the license. The broker management continuing education course
4		must be completed in the classroom or through a live,
5		interactive webinar or online distance education format. No
6		license may be renewed except upon the successful completion
7		of the required courses or their equivalent or upon a waiver of
8		those requirements for good cause shown as determined by the
9		Secretary upon the recommendation of the Board. The
10		requirements of this Article are applicable to all managing
11		brokers and brokers except those managing brokers and brokers
12		who, during the current term of licensure renewal period:
13		(1) serve in the armed services of the United States;
14		(2) serve as an elected State or federal official;
15		(3) serve as a full-time employee of the Department;
16		or
17		(4) are admitted to practice law pursuant to Illinois
18		Supreme Court rule.
19		(c) (Blank).
20		(d) A person receiving an initial license during the 90
21		days before the renewal date shall not be required to complete
22		the continuing education courses provided for in subsection
23		(b) of this Section as a condition of initial license renewal.
24		(e) The continuing education requirement for brokers and
25		managing brokers shall consist of a single core curriculum and
26		an elective curriculum, to be recommended by the Board and

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1		approved by the Department in accordance with this subsection.
2		The core curriculum shall not be further divided into
3		subcategories or divisions of instruction. The core curriculum
4		shall consist of 4 hours during the current term of the license
5		on subjects that may include, but are not limited to,
6		advertising, agency, disclosures, escrow, fair housing,
7		residential leasing agent management, and license law. The
8		amount of time allotted to each of these subjects shall be
9		recommended by the Board and determined by the Department. The
10		Department, upon the recommendation of the Board, shall review
11		the core curriculum every 4 years, at a minimum, and shall
12		revise the curriculum if necessary. However, the core
13		curriculum's total hourly requirement shall only be subject to
14		change by amendment of this subsection, and any change to the
15		core curriculum shall not be effective for a period of 6 months
16		after such change is made by the Department. The Department
17		shall provide notice to all approved education providers of
18		any changes to the core curriculum. When determining whether
19		revisions of the core curriculum's subjects or specific time
20		requirements are necessary, the Board shall consider recent
21		changes in applicable laws, new laws, and areas of the license
22		law and the Department policy that the Board deems
23		appropriate, and any other subject areas the Board deems
24		timely and applicable in order to prevent violations of this
25		Act and to protect the public. In establishing a
26		recommendation to the Department regarding the elective

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1		curriculum, the Board shall consider subjects that cover the
2		various aspects of the practice of real estate that are
3		covered under the scope of this Act.
4		(f) The subject areas of continuing education courses
5		recommended by the Board and approved by the Department shall
6		be meant to protect the professionalism of the industry, the
7		consumer, and the public and prevent violations of this Act
8		and may include without limitation the following:
9		(1) license law and escrow;
10		(2) antitrust;
11		(3) fair housing;
12		(4) agency;
13		(5) appraisal;
14		(6) property management;
15		(7) residential brokerage;
16		(8) farm property management;
17		(9) transaction management rights and duties of
18		parties in a transaction;
19		(10) commercial brokerage and leasing;
20		(11) real estate financing;
21		(12) disclosures;
22		(13) residential leasing agent management;
23		(14) advertising;
24		(15) broker supervision and designated managing broker
25		responsibility;
26		(16) professional conduct; and

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1		(17) use of technology.
2		(g) In lieu of credit for those courses listed in
3		subsection (f) of this Section, credit may be earned for
4		serving as a licensed instructor in an approved course of
5		continuing education. The amount of credit earned for teaching
6		a course shall be the amount of continuing education credit
7		for which the course is approved for licensees taking the
8		course.
9		(h) Credit hours may be earned for self-study programs
10		approved by the Department.
11		(i) A managing broker or broker may earn credit for a
12		specific continuing education course only once during the
13		current term of the license.
14		(j) No more than 12 hours of continuing education credit
15		may be taken in one calendar day.
16		(k) To promote the offering of a uniform and consistent
17		course content, the Department may provide for the development
18		of a single broker management course to be offered by all
19		education providers who choose to offer the broker management
20		continuing education course. The Department may contract for
21		the development of the 12-hour broker management continuing
22		education course with an outside vendor or consultant and, if
23		the course is developed in this manner, the Department or the
24		outside consultant shall license the use of that course to all
25		approved education providers who wish to provide the course.
26		(l) Except as specifically provided in this Act,

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1		continuing education credit hours may not be earned for
2		completion of pre-license or post-license courses. The courses
3		comprising the approved 45-hour post-license curriculum for
4		broker licensees shall satisfy the continuing education
5		requirement for the initial broker license term period in
6		which the courses are taken. The approved 45-hour managing
7		broker pre-license brokerage administration and management
8		course shall satisfy the 12-hour broker management continuing
9		education requirement for the initial managing broker license
10		term in which the course is taken.
11		(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
12		(225 ILCS 454/15-35)
13		(Section scheduled to be repealed on January 1, 2030)
14		Sec. 15-35. Agency relationship disclosure.
15		(a) A licensee acting as a designated agent shall advise a
16		consumer in writing, no later than beginning to work as a
17		designated agent on behalf of the consumer, of the following:
18		(1) That a designated agency relationship exists,
19		unless there is written agreement between the sponsoring
20		broker and the consumer providing for a different agency
21		relationship; and
22		(2) The name or names of the his or her designated
23		agent or agents on the written disclosure, which can be
24		included in a brokerage agreement or be a separate
25		document, a copy of which is retained by the sponsoring

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1		broker real estate brokerage firm for the licensee.
2		(b) The licensee representing the consumer shall discuss
3		with the consumer the sponsoring broker's compensation and
4		policy with regard to cooperating with brokers who represent
5		other parties in a transaction.
6		(c) A licensee shall disclose in writing to a customer
7		that the licensee is not acting as the agent of the customer at
8		a time intended to prevent disclosure of confidential
9		information from a customer to a licensee, but in no event
10		later than the preparation of an offer to purchase or lease
11		real property.
12		(Source: P.A. 101-357, eff. 8-9-19.)
13		(225 ILCS 454/15-45)
14		(Section scheduled to be repealed on January 1, 2030)
15		Sec. 15-45. Dual agency.
16		(a) An individual licensee may act as a dual agent or a
17		sponsoring broker may permit one or more of its sponsored
18		licensees to act as dual agents in the same transaction only
19		with the informed written consent of all clients. Informed
20		written consent shall be presumed to have been given by any
21		client who signs a document that includes the following:
22		"The undersigned (insert name(s)), ("Licensee"), may
23		undertake a dual representation (represent both the seller
24		or landlord and the buyer or tenant) for the sale or lease
25		of property. The undersigned acknowledge they were

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1		informed of the possibility of this type of
2		representation. Before signing this document please read
3		the following: Representing more than one party to a
4		transaction presents a conflict of interest since both
5		clients may rely upon Licensee's advice and the client's
6		respective interests may be adverse to each other.
7		Licensee will undertake this representation only with the
8		written consent of ALL clients in the transaction. Any
9		agreement between the clients as to a final contract price
10		and other terms is a result of negotiations between the
11		clients acting in their own best interests and on their
12		own behalf. You acknowledge that Licensee has explained
13		the implications of dual representation, including the
14		risks involved, and understand that you have been advised
15		to seek independent advice from your advisors or attorneys
16		before signing any documents in this transaction.
17		WHAT A LICENSEE CAN DO FOR CLIENTS
18		WHEN ACTING AS A DUAL AGENT
19		1. Treat all clients honestly.
20		2. Provide information about the property to the buyer or
21		tenant.
22		3. Disclose all latent material defects in the property
23		that are known to the Licensee.
24		4. Disclose financial qualification of the buyer or tenant
25		to the seller or landlord.
26		5. Explain real estate terms.

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1		6. Help the buyer or tenant to arrange for property
2		inspections.
3		7. Explain closing costs and procedures.
4		8. Help the buyer compare financing alternatives.
5		9. Provide information about comparable properties that
6		have sold so both clients may make educated decisions on
7		what price to accept or offer.
8		WHAT LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN
9		ACTING AS A DUAL AGENT
10		1. Confidential information that Licensee may know about a
11		client, without that client's permission.
12		2. The price or terms the seller or landlord will take
13		other than the listing price without permission of the
14		seller or landlord.
15		3. The price or terms the buyer or tenant is willing to pay
16		without permission of the buyer or tenant.
17		4. A recommended or suggested price or terms the buyer or
18		tenant should offer.
19		5. A recommended or suggested price or terms the seller or
20		landlord should counter with or accept.
21		If either client is uncomfortable with this disclosure
22		and dual representation, please let Licensee know. You are
23		not required to sign this document unless you want to
24		allow Licensee to proceed as a Dual Agent in this
25		transaction. By signing below, you acknowledge that you
26		have read and understand this form and voluntarily consent

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1		to Licensee acting as a Dual Agent (that is, to represent
2		BOTH the seller or landlord and the buyer or tenant)
3		should that become necessary."
4		(b) The dual agency disclosure form provided for in
5		subsection (a) of this Section must be presented by a
6		licensee, who offers dual representation, to the client at the
7		time the brokerage agreement is entered into and may be signed
8		by the client at that time or at any time before the licensee
9		acts as a dual agent as to the client.
10		(c) A licensee acting in a dual agency capacity in a
11		transaction must obtain a written confirmation from the
12		licensee's clients of their prior consent for the licensee to
13		act as a dual agent in the transaction. This confirmation
14		should be obtained at the time the clients are executing any
15		offer or contract to purchase or lease in a transaction in
16		which the licensee is acting as a dual agent. This
17		confirmation may be included in another document, such as a
18		contract to purchase, in which case the client must not only
19		sign the document but also initial the confirmation of dual
20		agency provision. That confirmation must state, at a minimum,
21		the following:
22		"The undersigned confirm that they have previously
23		consented to (insert name(s)), ("Licensee"), acting as a
24		Dual Agent in providing brokerage services on their behalf
25		and specifically consent to Licensee acting as a Dual
26		Agent in regard to the transaction referred to in this

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1		document."
2		(d) No cause of action shall arise on behalf of any person
3		against a dual agent for making disclosures allowed or
4		required by this Article, and the dual agent does not
5		terminate any agency relationship by making the allowed or
6		required disclosures.
7		(e) In the case of dual agency, each client and the
8		licensee possess only actual knowledge and information. There
9		shall be no imputation of knowledge or information among or
10		between clients, brokers, or their affiliated licensees.
11		(f) In any transaction, a licensee may without liability
12		withdraw from representing a client who has not consented to a
13		disclosed dual agency. The withdrawal shall not prejudice the
14		ability of the licensee to continue to represent the other
15		client in the transaction or limit the licensee from
16		representing the client in other transactions. When a
17		withdrawal as contemplated in this subsection (f) occurs, the
18		licensee shall not receive a referral fee for referring a
19		client to another licensee unless written disclosure is made
20		to both the withdrawing client and the client that continues
21		to be represented by the licensee.
22		(g) A licensee shall not serve as a dual agent in any
23		transaction when the licensee, or an entity in which the
24		licensee has or will have any ownership interest, is a party to
25		the transaction.
26		(Source: P.A. 101-357, eff. 8-9-19.)

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1		(225 ILCS 454/20-20)
2		(Section scheduled to be repealed on January 1, 2030)
3		Sec. 20-20. Nature of and grounds for discipline.
4		(a) The Department may refuse to issue or renew a license,
5		may place on probation, suspend, or revoke any license,
6		reprimand, or take any other disciplinary or non-disciplinary
7		action as the Department may deem proper and impose a fine not
8		to exceed $25,000 upon any licensee or applicant under this
9		Act or any person who holds oneself himself or herself out as
10		an applicant or licensee or against a licensee in handling
11		one's his or her own property, whether held by deed, option, or
12		otherwise, for any one or any combination of the following
13		causes:
14		(1) Fraud or misrepresentation in applying for, or
15		procuring, a license under this Act or in connection with
16		applying for renewal of a license under this Act.
17		(2) The licensee's conviction of or plea of guilty or
18		plea of nolo contendere, as set forth in subsection (e) of
19		Section 5-25, to: (A) a felony or misdemeanor in this
20		State or any other jurisdiction; or (B) the entry of an
21		administrative sanction by a government agency in this
22		State or any other jurisdiction; or (C) any crime that
23		subjects the licensee to compliance with the requirements
24		of the Sex Offender Registration Act. Action taken under
25		this paragraph (2) for a misdemeanor or an administrative

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1		sanction is limited to a misdemeanor or administrative
2		sanction that has as an essential element dishonesty or
3		fraud or involves larceny, embezzlement, or obtaining
4		money, property, or credit by false pretenses or by means
5		of a confidence game.
6		(3) Inability to practice the profession with
7		reasonable judgment, skill, or safety as a result of a
8		physical illness, including, but not limited to,
9		deterioration through the aging process or loss of motor
10		skill, or a mental illness, or disability.
11		(4) Practice under this Act as a licensee in a retail
12		sales establishment from an office, desk, or space that is
13		not separated from the main retail business and located
14		within a separate and distinct area within the
15		establishment.
16		(5) Having been disciplined by another state, the
17		District of Columbia, a territory, a foreign nation, or a
18		governmental agency authorized to impose discipline if at
19		least one of the grounds for that discipline is the same as
20		or the equivalent of one of the grounds for which a
21		licensee may be disciplined under this Act. A certified
22		copy of the record of the action by the other state or
23		jurisdiction shall be prima facie evidence thereof.
24		(6) Engaging in the practice of real estate brokerage
25		without a license or after the licensee's license or
26		temporary permit was expired or while the license was

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1		inactive, revoked, or suspended.
2		(7) Cheating on or attempting to subvert the Real
3		Estate License Exam or a continuing education course or
4		examination.
5		(8) Aiding or abetting an applicant to subvert or
6		cheat on the Real Estate License Exam or continuing
7		education exam administered pursuant to this Act.
8		(9) Advertising that is inaccurate, misleading, or
9		contrary to the provisions of the Act.
10		(10) Making any substantial misrepresentation or
11		untruthful advertising.
12		(11) Making any false promises of a character likely
13		to influence, persuade, or induce.
14		(12) Pursuing a continued and flagrant course of
15		misrepresentation or the making of false promises through
16		licensees, employees, agents, advertising, or otherwise.
17		(13) Any misleading or untruthful advertising, or
18		using any trade name or insignia of membership in any real
19		estate organization of which the licensee is not a member.
20		(14) Acting for more than one party in a transaction
21		without providing written notice to all parties for whom
22		the licensee acts.
23		(15) Representing or attempting to represent, or
24		performing licensed activities for, a broker other than
25		the sponsoring broker.
26		(16) Failure to account for or to remit any moneys or

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1		documents coming into the licensee's his or her possession
2		that belong to others.
3		(17) Failure to maintain and deposit in a special
4		account, separate and apart from personal and other
5		business accounts, all escrow moneys belonging to others
6		entrusted to a licensee while acting as a broker, escrow
7		agent, or temporary custodian of the funds of others or
8		failure to maintain all escrow moneys on deposit in the
9		account until the transactions are consummated or
10		terminated, except to the extent that the moneys, or any
11		part thereof, shall be:
12		(A) disbursed prior to the consummation or
13		termination (i) in accordance with the written
14		direction of the principals to the transaction or
15		their duly authorized agents, (ii) in accordance with
16		directions providing for the release, payment, or
17		distribution of escrow moneys contained in any written
18		contract signed by the principals to the transaction
19		or their duly authorized agents, or (iii) pursuant to
20		an order of a court of competent jurisdiction; or
21		(B) deemed abandoned and transferred to the Office
22		of the State Treasurer to be handled as unclaimed
23		property pursuant to the Revised Uniform Unclaimed
24		Property Act. Escrow moneys may be deemed abandoned
25		under this subparagraph (B) only: (i) in the absence
26		of disbursement under subparagraph (A); (ii) in the

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1		absence of notice of the filing of any claim in a court
2		of competent jurisdiction; and (iii) if 6 months have
3		elapsed after the receipt of a written demand for the
4		escrow moneys from one of the principals to the
5		transaction or the principal's duly authorized agent.
6		The account shall be noninterest bearing, unless the
7		character of the deposit is such that payment of interest
8		thereon is otherwise required by law or unless the
9		principals to the transaction specifically require, in
10		writing, that the deposit be placed in an interest-bearing
11		account.
12		(18) Failure to make available to the Department all
13		escrow records and related documents maintained in
14		connection with the practice of real estate within 24
15		hours of a request for those documents by Department
16		personnel.
17		(19) Failing to furnish copies upon request of
18		documents relating to a real estate transaction to a party
19		who has executed that document.
20		(20) Failure of a sponsoring broker or licensee to
21		timely provide sponsorship or termination of sponsorship
22		information to the Department.
23		(21) Engaging in dishonorable, unethical, or
24		unprofessional conduct of a character likely to deceive,
25		defraud, or harm the public, including, but not limited
26		to, conduct set forth in rules adopted by the Department.

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1		(22) Commingling the money or property of others with
2		the licensee's his or her own money or property.
3		(23) Employing any person on a purely temporary or
4		single deal basis as a means of evading the law regarding
5		payment of commission to nonlicensees on some contemplated
6		transactions.
7		(24) Permitting the use of one's his or her license as
8		a broker to enable a residential leasing agent or
9		unlicensed person to operate a real estate business
10		without actual participation therein and control thereof
11		by the broker.
12		(25) Any other conduct, whether of the same or a
13		different character from that specified in this Section,
14		that constitutes dishonest dealing.
15		(26) Displaying a "for rent" or "for sale" sign on any
16		property without the written consent of an owner or the
17		owner's his or her duly authorized agent or advertising by
18		any means that any property is for sale or for rent without
19		the written consent of the owner or the owner's his or her
20		authorized agent.
21		(27) Failing to provide information requested by the
22		Department, or otherwise respond to that request, within
23		30 days of the request.
24		(28) Advertising by means of a blind advertisement,
25		except as otherwise permitted in Section 10-30 of this
26		Act.

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1		(29) A licensee under this Act or an unlicensed
2		individual offering guaranteed sales plans, as defined in
3		Section 10-50, except to the extent set forth in Section
4		10-50.
5		(30) Influencing or attempting to influence, by any
6		words or acts, a prospective seller, purchaser, occupant,
7		landlord, or tenant of real estate, in connection with
8		viewing, buying, or leasing real estate, so as to promote
9		or tend to promote the continuance or maintenance of
10		racially and religiously segregated housing or so as to
11		retard, obstruct, or discourage racially integrated
12		housing on or in any street, block, neighborhood, or
13		community.
14		(31) Engaging in any act that constitutes a violation
15		of any provision of Article 3 of the Illinois Human Rights
16		Act, whether or not a complaint has been filed with or
17		adjudicated by the Human Rights Commission.
18		(32) Inducing any party to a contract of sale or lease
19		or brokerage agreement to break the contract of sale or
20		lease or brokerage agreement for the purpose of
21		substituting, in lieu thereof, a new contract for sale or
22		lease or brokerage agreement with a third party.
23		(33) Negotiating a sale, exchange, or lease of real
24		estate directly with any person if the licensee knows that
25		the person has an exclusive brokerage agreement with
26		another broker, unless specifically authorized by that

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1		broker.
2		(34) When a licensee is also an attorney, acting as
3		the attorney for either the buyer or the seller in the same
4		transaction in which the licensee is acting or has acted
5		as a managing broker or broker.
6		(35) Advertising or offering merchandise or services
7		as free if any conditions or obligations necessary for
8		receiving the merchandise or services are not disclosed in
9		the same advertisement or offer. These conditions or
10		obligations include without limitation the requirement
11		that the recipient attend a promotional activity or visit
12		a real estate site. As used in this subdivision (35),
13		"free" includes terms such as "award", "prize", "no
14		charge", "free of charge", "without charge", and similar
15		words or phrases that reasonably lead a person to believe
16		that one he or she may receive or has been selected to
17		receive something of value, without any conditions or
18		obligations on the part of the recipient.
19		(36) (Blank).
20		(37) Violating the terms of a disciplinary order
21		issued by the Department.
22		(38) Paying or failing to disclose compensation in
23		violation of Article 10 of this Act.
24		(39) Requiring a party to a transaction who is not a
25		client of the licensee to allow the licensee to retain a
26		portion of the escrow moneys for payment of the licensee's

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1		commission or expenses as a condition for release of the
2		escrow moneys to that party.
3		(40) Disregarding or violating any provision of this
4		Act or the published rules adopted by the Department to
5		enforce this Act or aiding or abetting any individual,
6		foreign or domestic partnership, registered limited
7		liability partnership, limited liability company,
8		corporation, or other business entity in disregarding any
9		provision of this Act or the published rules adopted by
10		the Department to enforce this Act.
11		(41) Failing to provide the minimum services required
12		by Section 15-75 of this Act when acting under an
13		exclusive brokerage agreement.
14		(42) Habitual or excessive use of or addiction to
15		alcohol, narcotics, stimulants, or any other chemical
16		agent or drug that results in a managing broker, broker,
17		or residential leasing agent's inability to practice with
18		reasonable skill or safety.
19		(43) Enabling, aiding, or abetting an auctioneer, as
20		defined in the Auction License Act, to conduct a real
21		estate auction in a manner that is in violation of this
22		Act.
23		(44) Permitting any residential leasing agent or
24		temporary residential leasing agent permit holder to
25		engage in activities that require a broker's or managing
26		broker's license.

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1		(45) Failing to notify the Department, of any criminal
2		conviction that occurs during the licensee's term of
3		licensure within 30 days after the occurrence, of the
4		information required in subsection (e) of Section 5-25
5		conviction.
6		(46) A designated managing broker's failure to provide
7		an appropriate written company policy or failure to
8		perform any of the duties set forth in Section 10-55.
9		(b) The Department may refuse to issue or renew or may
10		suspend the license of any person who fails to file a return,
11		pay the tax, penalty or interest shown in a filed return, or
12		pay any final assessment of tax, penalty, or interest, as
13		required by any tax Act administered by the Department of
14		Revenue, until such time as the requirements of that tax Act
15		are satisfied in accordance with subsection (g) of Section
16		2105-15 of the Department of Professional Regulation Law of
17		the Civil Administrative Code of Illinois.
18		(c) (Blank).
19		(d) In cases where the Department of Healthcare and Family
20		Services (formerly Department of Public Aid) has previously
21		determined that a licensee or a potential licensee is more
22		than 30 days delinquent in the payment of child support and has
23		subsequently certified the delinquency to the Department may
24		refuse to issue or renew or may revoke or suspend that person's
25		license or may take other disciplinary action against that
26		person based solely upon the certification of delinquency made

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1		by the Department of Healthcare and Family Services in
2		accordance with item (5) of subsection (a) of Section 2105-15
3		of the Department of Professional Regulation Law of the Civil
4		Administrative Code of Illinois.
5		(e) (Blank). In enforcing this Section, the Department or
6		Board upon a showing of a possible violation may compel an
7		individual licensed to practice under this Act, or who has
8		applied for licensure under this Act, to submit to a mental or
9		physical examination, or both, as required by and at the
10		expense of the Department. The Department or Board may order
11		the examining physician to present testimony concerning the
12		mental or physical examination of the licensee or applicant.
13		No information shall be excluded by reason of any common law or
14		statutory privilege relating to communications between the
15		licensee or applicant and the examining physician. The
16		examining physicians shall be specifically designated by the
17		Board or Department. The individual to be examined may have,
18		at his or her own expense, another physician of his or her
19		choice present during all aspects of this examination. Failure
20		of an individual to submit to a mental or physical
21		examination, when directed, shall be grounds for suspension of
22		his or her license until the individual submits to the
23		examination if the Department finds, after notice and hearing,
24		that the refusal to submit to the examination was without
25		reasonable cause.
26		If the Department or Board finds an individual unable to

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

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1		this Section shall be afforded an opportunity to demonstrate
2		to the Department or Board that he or she can resume practice
3		in compliance with acceptable and prevailing standards under
4		the provisions of his or her license.
5		(Source: P.A. 100-22, eff. 1-1-18; 100-188, eff. 1-1-18;
6		100-534, eff. 9-22-17; 100-831, eff. 1-1-19; 100-863, eff.
7		8-14-18; 100-872, eff. 8-14-18; 101-81, eff. 7-12-19; 101-357,
8		eff. 8-9-19.)
9		(225 ILCS 454/20-20.1)
10		(Section scheduled to be repealed on January 1, 2030)
11		Sec. 20-20.1. Citations.
12		(a) The Department may adopt rules to permit the issuance
13		of citations to any licensee for failure to comply with the
14		continuing education requirements set forth in this Act or as
15		adopted by rule. The citation shall be issued to the licensee,
16		and a copy shall be sent to the licensee's his or her
17		designated managing broker and sponsoring broker. The citation
18		shall contain the licensee's name and address, the licensee's
19		license number, the number of required hours of continuing
20		education that have not been successfully completed by the
21		licensee's licensee within the renewal deadline period, and
22		the penalty imposed, which shall not exceed $2,000. The
23		issuance of any such citation shall not excuse the licensee
24		from completing all continuing education required for that
25		term of licensure renewal period.

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1		(b) Service of a citation shall be made by in person,
2		electronically, or by mail to the licensee at the licensee's
3		address of record or email address of record, and must clearly
4		state that if the cited licensee wishes to dispute the
5		citation, the cited licensee he or she may make a written
6		request, within 30 days after the citation is served, for a
7		hearing before the Department. If the cited licensee does not
8		request a hearing within 30 days after the citation is served,
9		then the citation shall become a final, non-disciplinary
10		order, and any fine imposed is due and payable within 60 days
11		after that final order. If the cited licensee requests a
12		hearing within 30 days after the citation is served, the
13		Department shall afford the cited licensee a hearing conducted
14		in the same manner as a hearing provided for in this Act for
15		any violation of this Act and shall determine whether the
16		cited licensee committed the violation as charged and whether
17		the fine as levied is warranted. If the violation is found, any
18		fine shall constitute non-public discipline and be due and
19		payable within 30 days after the order of the Secretary, which
20		shall constitute a final order of the Department. No change in
21		license status may be made by the Department until such time as
22		a final order of the Department has been issued.
23		(c) Payment of a fine that has been assessed pursuant to
24		this Section shall not constitute disciplinary action
25		reportable on the Department's website or elsewhere unless a
26		licensee has previously received 2 or more citations and has

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1		been assessed paid 2 or more fines.
2		(d) Nothing in this Section shall prohibit or limit the
3		Department from taking further action pursuant to this Act and
4		rules for additional, repeated, or continuing violations.
5		(Source: P.A. 101-357, eff. 8-9-19.)
6		(225 ILCS 454/20-69)
7		(Section scheduled to be repealed on January 1, 2030)
8		Sec. 20-69. Restoration of a suspended or revoked license.
9		At any time after the successful completion of a term of
10		suspension or revocation of an individual's a license, the
11		Department may restore it to the licensee, upon the written
12		recommendation of the Board, unless after an investigation and
13		a hearing the Board determines that restoration is not in the
14		public interest.
15		(Source: P.A. 96-856, eff. 12-31-09.)
16		(225 ILCS 454/20-75)
17		(Section scheduled to be repealed on January 1, 2030)
18		Sec. 20-75. Administrative Review venue.
19		(a) All final administrative decisions of the Department
20		are subject to judicial review under the Administrative Review
21		Law and its rules. The term "administrative decision" is
22		defined in Section 3-101 of the Code of Civil Procedure.
23		(b) Proceedings for judicial review shall be commenced in
24		the circuit court of the court in which the party applying for

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1		review resides, but if the party is not a resident of Illinois,
2		the venue shall be in Sangamon County or Cook County.
3		(Source: P.A. 101-357, eff. 8-9-19.)
4		(225 ILCS 454/20-110)
5		(Section scheduled to be repealed on January 1, 2030)
6		Sec. 20-110. Disciplinary actions of the Department not
7		limited. Nothing contained in Sections 20-82 20-80 through
8		20-100 of this Act limits the authority of the Department to
9		take disciplinary action against any licensee for a violation
10		of this Act or the rules of the Department, nor shall the
11		repayment in full of all obligations to the Real Estate
12		Recovery Fund by any licensee nullify or modify the effect of
13		any other disciplinary proceeding brought pursuant to this
14		Act.
15		(Source: P.A. 96-856, eff. 12-31-09.)
16		(225 ILCS 454/25-10)
17		(Section scheduled to be repealed on January 1, 2030)
18		Sec. 25-10. Real Estate Administration and Disciplinary
19		Board; duties. There is created the Real Estate Administration
20		and Disciplinary Board. The Board shall be composed of 15
21		persons appointed by the Governor. Members shall be appointed
22		to the Board subject to the following conditions:
23		(1) All members shall have been residents and citizens
24		of this State for at least 6 years prior to the date of

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1		appointment.
2		(2) Twelve members shall have been actively engaged as
3		managing brokers or brokers or both for at least the 10
4		years prior to the appointment, 2 of whom must possess an
5		active pre-license instructor license.
6		(3) Three members of the Board shall be public members
7		who represent consumer interests.
8		None of these members shall be (i) a person who is licensed
9		under this Act or a similar Act of another jurisdiction, (ii)
10		the spouse or immediate family member of a licensee, or (iii) a
11		person who has an ownership interest in a real estate
12		brokerage business, or (iv) a person the Department determines
13		to have any other connection with a real estate brokerage
14		business or a licensee.
15		The members' terms shall be for 4 years and until a
16		successor is appointed expire upon completion of the term. No
17		member shall be reappointed to the Board for a term that would
18		cause the member's his or her cumulative service to the Board
19		to exceed 10 years. Appointments to fill vacancies shall be
20		for the unexpired portion of the term. Those members of the
21		Board that satisfy the requirements of paragraph (2) shall be
22		chosen in a manner such that no area of the State shall be
23		unreasonably represented. In making the appointments, the
24		Governor shall give due consideration to the recommendations
25		by members and organizations of the profession. The Governor
26		may terminate the appointment of any member for cause that in

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1		the opinion of the Governor reasonably justifies the
2		termination. Cause for termination shall include without
3		limitation misconduct, incapacity, neglect of duty, or missing
4		4 board meetings during any one fiscal calendar year. Each
5		member of the Board may receive a per diem stipend in an amount
6		to be determined by the Secretary. While engaged in the
7		performance of duties, each Each member shall be reimbursed
8		for paid his or her necessary expenses while engaged in the
9		performance of his or her duties. Such compensation and
10		expenses shall be paid out of the Real Estate License
11		Administration Fund. The Secretary shall consider the
12		recommendations of the Board on questions involving standards
13		of professional conduct, discipline, education, and policies
14		and procedures under this Act. With regard to this subject
15		matter, the Secretary may establish temporary or permanent
16		committees of the Board and may consider the recommendations
17		of the Board on matters that include, but are not limited to,
18		criteria for the licensing and renewal of education providers,
19		pre-license and continuing education instructors, pre-license
20		and continuing education curricula, standards of educational
21		criteria, and qualifications for licensure and renewal of
22		professions, courses, and instructors. The Department, after
23		notifying and considering the recommendations of the Board, if
24		any, may issue rules, consistent with the provisions of this
25		Act, for the administration and enforcement thereof and may
26		prescribe forms that shall be used in connection therewith.

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1		Eight Board members shall constitute a quorum. A quorum is
2		required for all Board decisions. A vacancy in the membership
3		of the Board shall not impair the right of a quorum to exercise
4		all of the rights and perform all of the duties of the Board.
5		The Board shall elect annually, at its first meeting of
6		the fiscal year, a vice chairperson who shall preside, with
7		voting privileges, at meetings when the chairperson is not
8		present. Members of the Board shall be immune from suit in an
9		action based upon any disciplinary proceedings or other acts
10		performed in good faith as members of the Board.
11		(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18;
12		100-886, eff. 8-14-18.)
13		(225 ILCS 454/25-38 new)
14		Sec. 25-38. Real Estate Audit Fund. Notwithstanding any
15		other provision of law, in addition to any other transfers
16		that may be provided by law, on January 1, 2023, or as soon
17		thereafter as practical, the State Comptroller shall direct
18		and the State Treasurer shall transfer the remaining balance
19		from the Real Estate Audit Fund into the Real Estate License
20		Administration Fund. Upon completion of the transfer, the Real
21		Estate Audit Fund is dissolved, and any future deposits due to
22		that Fund and any outstanding obligations or liabilities of
23		that Fund pass to the Real Estate License Administration Fund.
24		This Section is repealed on July 1, 2023.

HB5167 Engrossed - 98 - LRB102 25439 SPS 34725 b
1		(225 ILCS 454/30-15)
2		(Section scheduled to be repealed on January 1, 2030)
3		Sec. 30-15. Licensing of education providers; approval of
4		courses.
5		(a) (Blank).
6		(b) (Blank).
7		(c) (Blank).
8		(d) (Blank).
9		(e) (Blank).
10		(f) All education providers shall submit, at the time of
11		initial application and with each license renewal, a list of
12		courses with course materials that comply with the course
13		requirements in this Act to be offered by the education
14		provider. The Department may establish an online mechanism by
15		which education providers may submit for approval by the
16		Department upon the recommendation of the Board or its
17		designee pre-license, post-license, or continuing education
18		courses that are submitted after the time of the education
19		provider's initial license application or renewal. The
20		Department shall provide to each education provider a
21		certificate for each approved pre-license, post-license, or
22		continuing education course. All pre-license, post-license, or
23		continuing education courses shall be valid for the period
24		coinciding with the term of license of the education provider.
25		However, in no case shall a course continue to be valid if it
26		does not, at all times, meet all of the requirements of the

HB5167 Engrossed - 99 - LRB102 25439 SPS 34725 b
1		core curriculum established by this Act and the Board, as
2		modified from time to time in accordance with this Act. All
3		education providers shall provide a copy of the certificate of
4		the pre-license, post-license, or continuing education course
5		within the course materials given to each student or shall
6		display a copy of the certificate of the pre-license,
7		post-license, or continuing education course in a conspicuous
8		place at the location of the class.
9		(g) Each education provider shall provide to the
10		Department a report in a frequency and format determined by
11		the Department, with information concerning students who
12		successfully completed all approved pre-license, post-license,
13		or continuing education courses offered by the education
14		provider.
15		(h) The Department, upon the recommendation of the Board,
16		may temporarily suspend a licensed education provider's
17		approved courses without hearing and refuse to accept
18		successful completion of or participation in any of these
19		pre-license, post-license, or continuing education courses for
20		education credit from that education provider upon the failure
21		of that education provider to comply with the provisions of
22		this Act or the rules for the administration of this Act, until
23		such time as the Department receives satisfactory assurance of
24		compliance. The Department shall notify the education provider
25		of the noncompliance and may initiate disciplinary proceedings
26		pursuant to this Act. The Department may refuse to issue,

HB5167 Engrossed - 100 - LRB102 25439 SPS 34725 b
1		suspend, revoke, or otherwise discipline the license of an
2		education provider or may withdraw approval of a pre-license,
3		post-license, or continuing education course for good cause.
4		Failure to comply with the requirements of this Section or any
5		other requirements established by rule shall be deemed to be
6		good cause. Disciplinary proceedings shall be conducted by the
7		Board in the same manner as other disciplinary proceedings
8		under this Act.
9		(i) Pre-license, post-license, and continuing education
10		courses, whether submitted for approval at the time of an
11		education provider's initial application for licensure or
12		otherwise, must meet the following minimum course
13		requirements:
14		(1) Continuing education courses No continuing
15		education course shall be required to be at least one hour
16		taught in increments longer than 2 hours in duration. For
17		; however, for each one hour of course time in each course,
18		there shall be a minimum of 50 minutes of instruction.
19		(2) All core curriculum courses shall be provided only
20		in the classroom or through a live, interactive webinar or
21		online distance education format.
22		(3) Courses provided through a live, interactive
23		webinar shall require all participants to demonstrate
24		their attendance in and attention to the course by
25		answering or responding to at least one polling question
26		per 50 minutes of course instruction.

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1		(4) All participants in courses provided in an online
2		distance education format shall demonstrate proficiency
3		with the subject matter of the course through verifiable
4		responses to questions included in the course content.
5		(5) Credit for courses completed in a classroom or
6		through a live, interactive webinar or online distance
7		education format shall not require an examination.
8		(6) Credit for courses provided through
9		correspondence, or by home study, shall require the
10		passage of an in-person, proctored examination.
11		(j) The Department is authorized to engage a third party
12		as the Board's designee to perform the functions specifically
13		provided for in subsection (f) of this Section, namely that of
14		administering the online system for receipt, review, and
15		approval or denial of new courses.
16		(k) The Department may adopt any administrative rule
17		consistent with the language and intent of this Act that may be
18		necessary for the implementation and enforcement of this
19		Section.
20		(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
21		(225 ILCS 454/30-25)
22		(Section scheduled to be repealed on January 1, 2030)
23		Sec. 30-25. Licensing of education provider instructors.
24		(a) No person shall act as either a pre-license or
25		continuing education instructor without possessing a valid

HB5167 Engrossed - 102 - LRB102 25439 SPS 34725 b
1		pre-license or continuing education instructor license and
2		satisfying any other qualification criteria adopted by the
3		Department by rule.
4		(a-5) Each person with a valid pre-license instructor
5		license may teach pre-license, post-license, continuing
6		education core curriculum, continuing education elective
7		curriculum, or broker management education courses if they
8		meet specific criteria adopted by the Department by rule.
9		Those persons who have not met the criteria or who only possess
10		a valid continuing education instructor license shall only
11		teach continuing education elective curriculum courses. Any
12		person with a valid continuing education instructor license
13		who wishes to teach continuing education core curriculum or
14		broker management continuing education courses must obtain a
15		valid pre-license instructor license.
16		(b) Every person who desires to obtain an education
17		provider instructor's license shall attend and successfully
18		complete a one-day instructor development workshop, as
19		approved by the Department. However, pre-license instructors
20		who have complied with subsection (b) of this Section 30-25
21		shall not be required to complete the instructor workshop in
22		order to teach continuing education elective curriculum
23		courses.
24		(b-5) The term of licensure for a pre-license or
25		continuing education instructor shall be 2 years, with renewal
26		dates adopted by rule. Every person who desires to obtain a

HB5167 Engrossed - 103 - LRB102 25439 SPS 34725 b
1		pre-license or continuing education instructor license shall
2		make application to the Department in a manner prescribed by
3		the Department, accompanied by the fee adopted by rule. In
4		addition to any other information required to be contained in
5		the application, every application for an original license
6		shall include the applicant's Social Security number, which
7		shall be retained in the agency's records pertaining to the
8		license. As soon as practical, the Department shall assign a
9		customer's identification number to each applicant for a
10		license.
11		Every application for a renewal or restored license shall
12		require the applicant's customer identification number.
13		The Department shall issue a pre-license or continuing
14		education instructor license to applicants who meet
15		qualification criteria established by this Act or rule.
16		(c) The Department may refuse to issue, suspend, revoke,
17		or otherwise discipline a pre-license or continuing education
18		instructor for good cause. Disciplinary proceedings shall be
19		conducted by the Board in the same manner as other
20		disciplinary proceedings under this Act. All pre-license
21		instructors must teach at least one pre-license or continuing
22		education core curriculum course within the period of
23		licensure as a requirement for renewal of the instructor's
24		license. All continuing education instructors must teach at
25		least one course within the period of licensure or take an
26		instructor training program approved by the Department in lieu

HB5167 Engrossed - 104 - LRB102 25439 SPS 34725 b
1		thereof as a requirement for renewal of the instructor's
2		license.
3		(d) Each course transcript submitted by an education
4		provider to the Department shall include the name and license
5		number of the pre-license or continuing education instructor
6		for the course.
7		(e) Licensed education provider instructors may teach for
8		more than one licensed education provider.
9		(f) The Department may adopt any administrative rule
10		consistent with the language and intent of this Act that may be
11		necessary for the implementation and enforcement of this
12		Section.
13		(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
14		(225 ILCS 454/20-21 rep.)
15		Section 35. The Real Estate License Act of 2000 is amended
16		by repealing Section 20-21.
17		(225 ILCS 456/Act rep.)
18		Section 40. The Real Estate Regulation Transfer Act is
19		repealed.
20		Section 45. The Real Estate Appraiser Licensing Act of
21		2002 is amended by changing Sections 1-10, 5-25, 15-15, and
22		25-10 as follows:

HB5167 Engrossed - 105 - LRB102 25439 SPS 34725 b
1		(225 ILCS 458/1-10)
2		(Section scheduled to be repealed on January 1, 2027)
3		Sec. 1-10. Definitions. As used in this Act, unless the
4		context otherwise requires:
5		"Accredited college or university, junior college, or
6		community college" means a college or university, junior
7		college, or community college that is approved or accredited
8		by the Board of Higher Education, a regional or national
9		accreditation association, or by an accrediting agency that is
10		recognized by the U.S. Secretary of Education.
11		"Address of record" means the designated street address,
12		which may not be a post office box, recorded by the Department
13		in the applicant's or licensee's application file or license
14		file as maintained by the Department.
15		"Applicant" means a person who applies to the Department
16		for a license under this Act.
17		"Appraisal" means (noun) the act or process of developing
18		an opinion of value; an opinion of value (adjective) of or
19		pertaining to appraising and related functions, such as
20		appraisal practice or appraisal services.
21		"Appraisal assignment" means a valuation service provided
22		pursuant to an agreement between an appraiser and a client.
23		"Appraisal firm" means an appraisal entity that is 100%
24		owned and controlled by a person or persons licensed in
25		Illinois as a certified general real estate appraiser or a
26		certified residential real estate appraiser. "Appraisal firm"

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1		does not include an appraisal management company.
2		"Appraisal management company" means any corporation,
3		limited liability company, partnership, sole proprietorship,
4		subsidiary, unit, or other business entity that directly or
5		indirectly: (1) provides appraisal management services to
6		creditors or secondary mortgage market participants, including
7		affiliates; (2) provides appraisal management services in
8		connection with valuing the consumer's principal dwelling as
9		security for a consumer credit transaction (including consumer
10		credit transactions incorporated into securitizations); and
11		(3) any appraisal management company that, within a given
12		12-month period, oversees an appraiser panel of 16 or more
13		State-certified appraisers in Illinois or 25 or more
14		State-certified or State-licensed appraisers in 2 or more
15		jurisdictions. "Appraisal management company" includes a
16		hybrid entity.
17		"Appraisal practice" means valuation services performed by
18		an individual acting as an appraiser, including, but not
19		limited to, appraisal or appraisal review.
20		"Appraisal report" means any communication, written or
21		oral, of an appraisal or appraisal review that is transmitted
22		to a client upon completion of an assignment.
23		"Appraisal review" means the act or process of developing
24		and communicating an opinion about the quality of another
25		appraiser's work that was performed as part of an appraisal,
26		appraisal review, or appraisal assignment.

HB5167 Engrossed - 107 - LRB102 25439 SPS 34725 b
1		"Appraisal Subcommittee" means the Appraisal Subcommittee
2		of the Federal Financial Institutions Examination Council as
3		established by Title XI.
4		"Appraiser" means a person who performs real estate or
5		real property appraisals competently and in a manner that is
6		independent, impartial, and objective.
7		"Appraiser panel" means a network, list, or roster of
8		licensed or certified appraisers approved by the appraisal
9		management company or by the end-user client to perform
10		appraisals as independent contractors for the appraisal
11		management company. "Appraiser panel" includes both appraisers
12		accepted by an appraisal management company for consideration
13		for future appraisal assignments and appraisers engaged by an
14		appraisal management company to perform one or more
15		appraisals. For the purposes of determining the size of an
16		appraiser panel, only independent contractors of hybrid
17		entities shall be counted towards the appraiser panel.
18		"AQB" means the Appraisal Qualifications Board of the
19		Appraisal Foundation.
20		"Associate real estate trainee appraiser" means an
21		entry-level appraiser who holds a license of this
22		classification under this Act with restrictions as to the
23		scope of practice in accordance with this Act.
24		"Automated valuation model" means an automated system that
25		is used to derive a property value through the use of available
26		property records and various analytic methodologies such as

HB5167 Engrossed - 108 - LRB102 25439 SPS 34725 b
1		comparable sales prices, home characteristics, and price
2		changes.
3		"Board" means the Real Estate Appraisal Administration and
4		Disciplinary Board.
5		"Broker price opinion" means an estimate or analysis of
6		the probable selling price of a particular interest in real
7		estate, which may provide a varying level of detail about the
8		property's condition, market, and neighborhood and information
9		on comparable sales. The activities of a real estate broker or
10		managing broker engaging in the ordinary course of business as
11		a broker, as defined in this Section, shall not be considered a
12		broker price opinion if no compensation is paid to the broker
13		or managing broker, other than compensation based upon the
14		sale or rental of real estate.
15		"Classroom hour" means 50 minutes of instruction out of
16		each 60-minute segment of coursework.
17		"Client" means the party or parties who engage an
18		appraiser by employment or contract in a specific appraisal
19		assignment.
20		"Comparative market analysis" is an analysis or opinion
21		regarding pricing, marketing, or financial aspects relating to
22		a specified interest or interests in real estate that may be
23		based upon an analysis of comparative market data, the
24		expertise of the real estate broker or managing broker, and
25		such other factors as the broker or managing broker may deem
26		appropriate in developing or preparing such analysis or

HB5167 Engrossed - 109 - LRB102 25439 SPS 34725 b
1		opinion. The activities of a real estate broker or managing
2		broker engaging in the ordinary course of business as a
3		broker, as defined in this Section, shall not be considered a
4		comparative market analysis if no compensation is paid to the
5		broker or managing broker, other than compensation based upon
6		the sale or rental of real estate.
7		"Coordinator" means the Real Estate Appraisal Coordinator
8		created in Section 25-15.
9		"Department" means the Department of Financial and
10		Professional Regulation.
11		"Email address of record" means the designated email
12		address recorded by the Department in the applicant's
13		application file or the licensee's license file maintained by
14		the Department.
15		"Evaluation" means a valuation permitted by the appraisal
16		regulations of the Federal Financial Institutions Examination
17		Council and its federal agencies for transactions that qualify
18		for the appraisal threshold exemption, business loan
19		exemption, or subsequent transaction exemption.
20		"Federal financial institutions regulatory agencies" means
21		the Board of Governors of the Federal Reserve System, the
22		Federal Deposit Insurance Corporation, the Office of the
23		Comptroller of the Currency, the Consumer Financial Protection
24		Bureau, and the National Credit Union Administration.
25		"Federally related transaction" means any real
26		estate-related financial transaction in which a federal

HB5167 Engrossed - 110 - LRB102 25439 SPS 34725 b
1		financial institutions regulatory agency engages in, contracts
2		for, or regulates and requires the services of an appraiser.
3		"Financial institution" means any bank, savings bank,
4		savings and loan association, credit union, mortgage broker,
5		mortgage banker, licensee under the Consumer Installment Loan
6		Act or the Sales Finance Agency Act, or a corporate fiduciary,
7		subsidiary, affiliate, parent company, or holding company of
8		any such licensee, or any institution involved in real estate
9		financing that is regulated by state or federal law.
10		"Hybrid entity" means an appraisal management company that
11		hires an appraiser as an employee to perform an appraisal and
12		engages an independent contractor to perform an appraisal.
13		"License" means the privilege conferred by the Department
14		to a person that has fulfilled all requirements prerequisite
15		to any type of licensure under this Act.
16		"Licensee" means any person licensed under this Act , as
17		defined in this Section, who holds a valid unexpired license.
18		"Multi-state licensing system" means a web-based platform
19		that allows an applicant to submit the application or license
20		renewal application to the Department online.
21		"Person" means an individual, entity, sole proprietorship,
22		corporation, limited liability company, partnership, and joint
23		venture, foreign or domestic, except that when the context
24		otherwise requires, the term may refer to more than one
25		individual or other described entity.
26		"Real estate" means an identified parcel or tract of land,

HB5167 Engrossed - 111 - LRB102 25439 SPS 34725 b
1		including any improvements.
2		"Real estate related financial transaction" means any
3		transaction involving:
4		(1) the sale, lease, purchase, investment in, or
5		exchange of real property, including interests in property
6		or the financing thereof;
7		(2) the refinancing of real property or interests in
8		real property; and
9		(3) the use of real property or interest in property
10		as security for a loan or investment, including mortgage
11		backed securities.
12		"Real property" means the interests, benefits, and rights
13		inherent in the ownership of real estate.
14		"Secretary" means the Secretary of Financial and
15		Professional Regulation or the Secretary's designee.
16		"State certified general real estate appraiser" means an
17		appraiser who holds a license of this classification under
18		this Act and such classification applies to the appraisal of
19		all types of real property without restrictions as to the
20		scope of practice.
21		"State certified residential real estate appraiser" means
22		an appraiser who holds a license of this classification under
23		this Act and such classification applies to the appraisal of
24		one to 4 units of residential real property without regard to
25		transaction value or complexity, but with restrictions as to
26		the scope of practice in a federally related transaction in

HB5167 Engrossed - 112 - LRB102 25439 SPS 34725 b
1		accordance with Title XI, the provisions of USPAP, criteria
2		established by the AQB, and further defined by rule.
3		"Supervising appraiser" means either (i) an appraiser who
4		holds a valid license under this Act as either a State
5		certified general real estate appraiser or a State certified
6		residential real estate appraiser, who co-signs an appraisal
7		report for an associate real estate trainee appraiser or (ii)
8		a State certified general real estate appraiser who holds a
9		valid license under this Act who co-signs an appraisal report
10		for a State certified residential real estate appraiser on
11		properties other than one to 4 units of residential real
12		property without regard to transaction value or complexity.
13		"Title XI" means Title XI of the federal Financial
14		Institutions Reform, Recovery, and Enforcement Act of 1989.
15		"USPAP" means the Uniform Standards of Professional
16		Appraisal Practice as promulgated by the Appraisal Standards
17		Board pursuant to Title XI and by rule.
18		"Valuation services" means services pertaining to aspects
19		of property value.
20		(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21.)
21		(225 ILCS 458/5-25)
22		(Section scheduled to be repealed on January 1, 2027)
23		Sec. 5-25. Renewal of license.
24		(a) The expiration date and renewal period for a State
25		certified general real estate appraiser license or a State

HB5167 Engrossed - 113 - LRB102 25439 SPS 34725 b
1		certified residential real estate appraiser license issued
2		under this Act shall be set by rule. Except as otherwise
3		provided in subsections (b) and (f) of this Section, the
4		holder of a license may renew the license within 90 days
5		preceding the expiration date by:
6		(1) completing and submitting to the Department, or
7		through a multi-state licensing system as designated by
8		the Secretary, a renewal application form as provided by
9		the Department;
10		(2) paying the required fees; and
11		(3) providing evidence to the Department, or through a
12		multi-state licensing system as designated by the
13		Secretary, of successful completion of the continuing
14		education requirements through courses approved by the
15		Department from education providers licensed by the
16		Department, as established by the AQB and by rule.
17		(b) A State certified general real estate appraiser or
18		State certified residential real estate appraiser whose
19		license under this Act has expired may renew the license for a
20		period of 2 years following the expiration date by complying
21		with the requirements of paragraphs (1), (2), and (3) of
22		subsection (a) of this Section and paying any late penalties
23		established by rule.
24		(c) (Blank).
25		(d) The expiration date and renewal period for an
26		associate real estate trainee appraiser license issued under

HB5167 Engrossed - 114 - LRB102 25439 SPS 34725 b
1		this Act shall be set by rule. Except as otherwise provided in
2		subsections (e) and (f) of this Section, the holder of an
3		associate real estate trainee appraiser license may renew the
4		license within 90 days preceding the expiration date by:
5		(1) completing and submitting to the Department, or
6		through a multi-state licensing system as designated by
7		the Secretary, a renewal application form as provided by
8		the Department;
9		(2) paying the required fees; and
10		(3) providing evidence to the Department, or through a
11		multi-state licensing system as designated by the
12		Secretary, of successful completion of the continuing
13		education requirements through courses approved by the
14		Department from education providers approved by the
15		Department, as established by rule.
16		(e) Any associate real estate trainee appraiser whose
17		license under this Act has expired may renew the license for a
18		period of 2 years following the expiration date by complying
19		with the requirements of paragraphs (1), (2), and (3) of
20		subsection (d) of this Section and paying any late penalties
21		as established by rule.
22		(f) Notwithstanding subsections (c) and (e), an appraiser
23		whose license under this Act has expired may renew or convert
24		the license without paying any lapsed renewal fees or late
25		penalties if the license expired while the appraiser was:
26		(1) on active duty with the United States Armed

HB5167 Engrossed - 115 - LRB102 25439 SPS 34725 b
1		Services;
2		(2) serving as the Coordinator or an employee of the
3		Department who was required to surrender the license
4		during the term of employment.
5		Application for renewal must be made within 2 years
6		following the termination of the military service or related
7		education, training, or employment and shall include an
8		affidavit from the licensee of engagement.
9		(g) The Department shall provide reasonable care and due
10		diligence to ensure that each licensee under this Act is
11		provided with a renewal application at least 90 days prior to
12		the expiration date, but timely renewal or conversion of the
13		license prior to its expiration date is the responsibility of
14		the licensee.
15		(h) The Department shall not renew a license if the
16		licensee has an unpaid fine or fee from a disciplinary matter
17		or an unpaid fee from a non-disciplinary action imposed by the
18		Department until the fine or fee is paid to the Department or
19		the licensee has entered into a payment plan and is current on
20		the required payments.
21		(i) The Department shall not issue a license if the
22		applicant has an unpaid fine imposed by the Department for
23		unlicensed practice until the fine is paid to the Department
24		or the applicant has entered into a payment plan and is current
25		on the required payments.
26		(Source: P.A. 101-81, eff. 7-12-19; 102-20, eff. 1-1-22.)

HB5167 Engrossed - 116 - LRB102 25439 SPS 34725 b
1		(225 ILCS 458/15-15)
2		(Section scheduled to be repealed on January 1, 2027)
3		Sec. 15-15. Investigation; notice; hearing.
4		(a) Upon the motion of the Department or the Board or upon
5		a complaint in writing of a person setting forth facts that, if
6		proven, would constitute grounds for suspension, revocation,
7		or other disciplinary action against a licensee or applicant
8		for licensure, the Department shall investigate the actions of
9		the licensee or applicant. If, upon investigation, the
10		Department believes that there may be cause for suspension,
11		revocation, or other disciplinary action, the Department shall
12		use the services of a State certified general real estate
13		appraiser, a State certified residential real estate
14		appraiser, or the Real Estate Coordinator to assist in
15		determining whether grounds for disciplinary action exist
16		prior to commencing formal disciplinary proceedings.
17		(b) Formal disciplinary proceedings shall commence upon
18		the issuance of a written complaint describing the charges
19		that are the basis of the disciplinary action and delivery of
20		the detailed complaint to the address of record of the
21		licensee or applicant. For an associate real estate trainee
22		appraiser, a copy shall also be sent to the licensee's
23		supervising appraiser of record. The Department shall notify
24		the licensee or applicant to file a verified written answer
25		within 20 days after the service of the notice and complaint.

HB5167 Engrossed - 117 - LRB102 25439 SPS 34725 b
1		The notification shall inform the licensee or applicant of the
2		right to be heard in person or by legal counsel; that the
3		hearing will be afforded not sooner than 20 days after service
4		of the complaint; that failure to file an answer will result in
5		a default being entered against the licensee or applicant;
6		that the license may be suspended, revoked, or placed on
7		probationary status; and that other disciplinary action may be
8		taken pursuant to this Act, including limiting the scope,
9		nature, or extent of the licensee's practice. If the licensee
10		or applicant fails to file an answer after service of notice,
11		the respective license may, at the discretion of the
12		Department, be suspended, revoked, or placed on probationary
13		status and the Department may take whatever disciplinary
14		action it deems proper, including limiting the scope, nature,
15		or extent of the person's practice, without a hearing.
16		(c) At the time and place fixed in the notice, the Board
17		shall conduct hearing of the charges, providing both the
18		accused person and the complainant ample opportunity to
19		present in person or by counsel such statements, testimony,
20		evidence, and argument as may be pertinent to the charges or to
21		a defense thereto.
22		(d) The Board shall present to the Secretary a written
23		report of its findings of fact and recommendations. A copy of
24		the report shall be served upon the licensee or applicant,
25		either personally, by mail, or, at the discretion of the
26		Department, by electronic means. For associate real estate

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1		trainee appraisers, a copy shall also be sent to the
2		licensee's supervising appraiser of record. Within 20 days
3		after the service, the licensee or applicant may present the
4		Secretary with a motion in writing for a rehearing and shall
5		specify the particular grounds for the request. If the accused
6		orders a transcript of the record as provided in this Act, the
7		time elapsing thereafter and before the transcript is ready
8		for delivery to the accused shall not be counted as part of the
9		20 days. If the Secretary is not satisfied that substantial
10		justice has been done, the Secretary may order a rehearing by
11		the Board or other special committee appointed by the
12		Secretary, may remand the matter to the Board for its
13		reconsideration of the matter based on the pleadings and
14		evidence presented to the Board, or may enter a final order in
15		contravention of the Board's recommendation. Notwithstanding a
16		licensee's or applicant's failure to file a motion for
17		rehearing, the Secretary shall have the right to take any of
18		the actions specified in this subsection (d). Upon the
19		suspension or revocation of a license, the licensee shall be
20		required to surrender the respective license to the
21		Department, and upon failure or refusal to do so, the
22		Department shall have the right to seize the license.
23		(e) The Department has the power to issue subpoenas and
24		subpoenas duces tecum to bring before it any person in this
25		State, to take testimony, or to require production of any
26		records relevant to an inquiry or hearing by the Board in the

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1		same manner as prescribed by law in judicial proceedings in
2		the courts of this State. In a case of refusal of a witness to
3		attend, testify, or to produce books or papers concerning a
4		matter upon which the witness might be lawfully examined, the
5		circuit court of the county where the hearing is held, upon
6		application of the Department or any party to the proceeding,
7		may compel obedience by proceedings as for contempt.
8		(f) Any license that is revoked may not be restored for a
9		minimum period of 3 years.
10		(g) In addition to the provisions of this Section
11		concerning the conduct of hearings and the recommendations for
12		discipline, the Department has the authority to negotiate
13		disciplinary and non-disciplinary settlement agreements
14		concerning any license issued under this Act. All such
15		agreements shall be recorded as Consent Orders or Consent to
16		Administrative Supervision Orders.
17		(h) The Secretary shall have the authority to appoint an
18		attorney duly licensed to practice law in the State of
19		Illinois to serve as the hearing officer in any action to
20		suspend, revoke, or otherwise discipline any license issued by
21		the Department. The Hearing Officer shall have full authority
22		to conduct the hearing.
23		(i) The Department, at its expense, shall preserve a
24		record of all formal hearings of any contested case involving
25		the discipline of a license. At all hearings or pre-hearing
26		conferences, the Department and the licensee shall be entitled

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1		to have the proceedings transcribed by a certified shorthand
2		reporter. A copy of the transcribed proceedings shall be made
3		available to the licensee by the certified shorthand reporter
4		upon payment of the prevailing contract copy rate.
5		(Source: P.A. 102-20, eff. 1-1-22.)
6		(225 ILCS 458/25-10)
7		(Section scheduled to be repealed on January 1, 2027)
8		Sec. 25-10. Real Estate Appraisal Administration and
9		Disciplinary Board; appointment.
10		(a) There is hereby created the Real Estate Appraisal
11		Administration and Disciplinary Board. The Board shall be
12		composed of the Coordinator and 10 persons appointed by the
13		Governor. Members shall be appointed to the Board subject to
14		the following conditions:
15		(1) All appointed members shall have been residents
16		and citizens of this State for at least 5 years prior to
17		the date of appointment.
18		(2) The appointed membership of the Board should
19		reasonably reflect the geographic distribution of the
20		population of the State.
21		(3) Four appointed members shall have been actively
22		engaged and currently licensed as State certified general
23		real estate appraisers for a period of not less than 5
24		years.
25		(4) Three appointed members shall have been actively

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1		engaged and currently licensed as State certified
2		residential real estate appraisers for a period of not
3		less than 5 years.
4		(5) One appointed member shall hold a valid license as
5		a real estate broker for at least 3 years prior to the date
6		of the appointment and shall hold either a valid State
7		certified general real estate appraiser license or a valid
8		State certified residential appraiser license issued under
9		this Act or a predecessor Act for a period of at least 5
10		years prior to the appointment.
11		(6) One appointed member shall be a representative of
12		a financial institution, as evidenced by proof of
13		employment with a financial institution.
14		(7) One appointed member shall represent the interests
15		of the general public. This member or the member's spouse
16		shall not be licensed under this Act nor be employed by or
17		have any financial interest in an appraisal business,
18		appraisal management company, real estate brokerage
19		business, or a financial institution.
20		In making appointments as provided in paragraphs (3) and
21		(4) of this subsection, the Governor shall give due
22		consideration to recommendations by members and organizations
23		representing the profession.
24		In making the appointments as provided in paragraph (5) of
25		this subsection, the Governor shall give due consideration to
26		the recommendations by members and organizations representing

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1		the real estate industry.
2		In making the appointment as provided in paragraph (6) of
3		this subsection, the Governor shall give due consideration to
4		the recommendations by members and organizations representing
5		financial institutions.
6		(b) The members' terms shall be for 4 years or until a
7		successor is appointed. No member shall be reappointed to the
8		Board for a term that would cause the member's cumulative
9		service to the Board to exceed 10 years. Appointments to fill
10		vacancies shall be for the unexpired portion of the term.
11		(c) The Governor may terminate the appointment of a member
12		for cause that, in the opinion of the Governor, reasonably
13		justifies the termination. Cause for termination may include,
14		without limitation, misconduct, incapacity, neglect of duty,
15		or missing 4 Board meetings during any one fiscal year.
16		(d) A majority of the Board members shall constitute a
17		quorum. A vacancy in the membership of the Board shall not
18		impair the right of a quorum to exercise all of the rights and
19		perform all of the duties of the Board.
20		(e) The Board shall meet at least monthly and may be
21		convened by the Chairperson, Vice-Chairperson, or 3 members of
22		the Board upon 10 days written notice.
23		(f) The Board shall, annually at the first meeting of the
24		fiscal year, elect a Chairperson and Vice-Chairperson from its
25		members. The Chairperson shall preside over the meetings and
26		shall coordinate with the Coordinator in developing and

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1		distributing an agenda for each meeting. In the absence of the
2		Chairperson, the Vice-Chairperson shall preside over the
3		meeting.
4		(g) The Coordinator shall serve as a member of the Board
5		without vote.
6		(h) The Board shall advise and make recommendations to the
7		Department on the education and experience qualifications of
8		any applicant for initial licensure as a State certified
9		general real estate appraiser or a State certified residential
10		real estate appraiser. The Department shall not make any
11		decisions concerning education or experience qualifications of
12		an applicant for initial licensure as a State certified
13		general real estate appraiser or a State certified residential
14		real estate appraiser without having first received the advice
15		and recommendation of the Board and shall give due
16		consideration to all such advice and recommendations; however,
17		if the Board does not render advice or make a recommendation
18		within a reasonable amount of time, then the Department may
19		render a decision.
20		(i) Except as provided in Section 15-17 of this Act, the
21		Board shall hear and make recommendations to the Secretary on
22		disciplinary matters that require a formal evidentiary
23		hearing. The Secretary shall give due consideration to the
24		recommendations of the Board involving discipline and
25		questions involving standards of professional conduct of
26		licensees.

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1		(j) The Department shall seek and the Board shall provide
2		recommendations to the Department consistent with the
3		provisions of this Act and for the administration and
4		enforcement of all rules adopted pursuant to this Act. The
5		Department shall give due consideration to such
6		recommendations prior to adopting rules.
7		(k) The Department shall seek and the Board shall provide
8		recommendations to the Department on the approval of all
9		courses submitted to the Department pursuant to this Act and
10		the rules adopted pursuant to this Act. The Department shall
11		not approve any courses without having first received the
12		recommendation of the Board and shall give due consideration
13		to such recommendations prior to approving and licensing
14		courses; however, if the Board does not make a recommendation
15		within a reasonable amount of time, then the Department may
16		approve courses.
17		(l) Each voting member of the Board may shall receive a per
18		diem stipend in an amount to be determined by the Secretary.
19		While engaged in the performance of duties, each member shall
20		be reimbursed for paid the necessary expenses.
21		(m) Members of the Board shall be immune from suit in an
22		action based upon any disciplinary proceedings or other acts
23		performed in good faith as members of the Board.
24		(n) If the Department disagrees with any advice or
25		recommendation provided by the Board under this Section to the
26		Secretary or the Department, then notice of such disagreement

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1		must be provided to the Board by the Department.
2		(o) (Blank).
3		(Source: P.A. 102-20, eff. 1-1-22.)
4		Section 50. The Appraisal Management Company Registration
5		Act is amended by changing Sections 40, 47, and 67 as follows:
6		(225 ILCS 459/40)
7		Sec. 40. Qualifications for registration.
8		(a) The Department may issue a certification of
9		registration to practice under this Act to any applicant who
10		is qualified to do business in this State and applies to the
11		Department on forms provided by the Department, or through a
12		multi-state licensing system as designated by the Secretary,
13		pays the required non-refundable fees, is qualified to
14		transact business in this State, and provides the following:
15		(1) the business name of the applicant seeking
16		registration;
17		(2) the business address or addresses and contact
18		information of the applicant seeking registration;
19		(3) if the business applicant is not a corporation
20		that is domiciled in this State, then the name and contact
21		information for the company's agent for service of process
22		in this State;
23		(4) the name, address, and contact information for any
24		individual or any corporation, partnership, limited

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1		liability company, association, or other business
2		applicant that owns 10% or more of the appraisal
3		management company along with a completed criminal history
4		records background check as required in Section 68;
5		(5) the name, address, and contact information for a
6		designated controlling person;
7		(6) a certification that the applicant will utilize
8		Illinois licensed appraisers to provide appraisal services
9		within the State of Illinois;
10		(7) a certification that the applicant has a system in
11		place utilizing a licensed Illinois appraiser to review
12		the work of all employed and independent appraisers that
13		are performing real estate appraisal services in Illinois
14		for the appraisal management company on a periodic basis,
15		except for a quality control review, to verify that the
16		real estate appraisal assignments are being conducted in
17		accordance with USPAP;
18		(8) a certification that the applicant maintains a
19		detailed record of each service request that it receives
20		and the independent appraiser that performs the real
21		estate appraisal services for the appraisal management
22		company;
23		(9) a certification that the employees of the
24		appraisal management company working on behalf of the
25		appraisal management company directly involved in
26		providing appraisal management services, will be

HB5167 Engrossed - 127 - LRB102 25439 SPS 34725 b
1		appropriately trained and familiar with the appraisal
2		process to completely provide appraisal management
3		services;
4		(10) an irrevocable Uniform Consent to Service of
5		Process, under rule; and
6		(11) a certification that the applicant shall comply
7		with all other requirements of this Act and rules
8		established for the implementation of this Act.
9		(b) Applicants have 3 years from the date of application
10		to complete the application process. If the process has not
11		been completed in 3 years, the application shall be denied,
12		the fee shall be forfeited, and the applicant must reapply and
13		meet the requirements in effect at the time of reapplication.
14		(Source: P.A. 100-604, eff. 7-13-18.)
15		(225 ILCS 459/47)
16		Sec. 47. Report Annual report; investigation; costs. Each
17		registrant shall provide annually file a report with the
18		Secretary for the calendar year period from January 1 through
19		December 31, giving relevant information as the Secretary may
20		reasonably require concerning, and for the purpose of
21		examination for compliance with federal and State regulations,
22		the business and operations during the preceding fiscal year
23		period of each registered appraisal management company
24		conducted by the registrant within the State. The Secretary
25		may, at any time, examine the books and records of an appraisal

HB5167 Engrossed - 128 - LRB102 25439 SPS 34725 b
1		management company operating in the State and require the
2		appraisal management company to submit reports, information
3		and documents. The report shall be made under oath and shall be
4		in the form prescribed by rule. The Secretary may, at any time,
5		investigate a registrant and every person, partnership,
6		association, limited liability company, corporation, or other
7		business entity who or which is engaged in the business of
8		operating an appraisal management company. For that purpose,
9		the Secretary shall have free access to the offices and places
10		of business and to records of all persons, firms,
11		partnerships, associations, limited liability companies and
12		members thereof, and corporations and to the officers and
13		directors thereof that relate to the appraisal management
14		company. The investigation may be conducted in conjunction
15		with representatives of other State agencies or agencies of
16		another state or of the United States as determined by the
17		Secretary. The Secretary may require by subpoena the
18		attendance of and examine under oath all persons whose
19		testimony the Secretary he or she may require relative to the
20		appraisal management company, and, in those cases, the
21		Secretary, or a designee of the Secretary representative whom
22		he or she may designate, may administer oaths to all persons
23		called as witnesses, and the Secretary, or a representative of
24		the Secretary, may conduct an audit, and there shall be paid to
25		the Secretary for each audit a fee, to be established by rule,
26		for each day or part thereof for each representative

HB5167 Engrossed - 129 - LRB102 25439 SPS 34725 b
1		designated and required to conduct the audit.
2		(Source: P.A. 100-604, eff. 7-13-18.)
3		(225 ILCS 459/67)
4		Sec. 67. Good moral character. If an applicant,
5		registrant, controlling person, or any person with an
6		ownership interest in of the applicant or registrant, has had
7		a license or registration revoked on a prior occasion, has
8		been found to have committed any of the practices enumerated
9		in Section 65, has been convicted of or entered a plea of
10		guilty or nolo contendere to forgery, embezzlement, obtaining
11		money under false pretenses, larceny, extortion, conspiracy to
12		defraud, or a similar offense or offenses, or has been
13		convicted of a felony involving moral turpitude in a court of
14		competent jurisdiction in this State or any other state,
15		district, or territory of the United States or of a foreign
16		country, the Department may consider the prior revocation,
17		conduct, or conviction in its determination of the applicant's
18		moral character of the applicant, registrant, controlling
19		person, or person with ownership interest and whether to grant
20		the applicant's registration or renewal. In its consideration
21		of the prior revocation, conduct, or conviction, the
22		Department shall take into account the nature of the conduct,
23		any aggravating or extenuating circumstances, the time elapsed
24		since the revocation, conduct, or conviction, the
25		rehabilitation or restitution performed by the applicant, and

HB5167 Engrossed - 130 - LRB102 25439 SPS 34725 b
1		any other factors that the Department deems relevant. When an
2		applicant, registrant, controlling person, or person with
3		ownership interest has made a false statement of material fact
4		on any his or her application, the false statement may in
5		itself be sufficient grounds to revoke or refuse to issue or
6		renew a registration.
7		(Source: P.A. 100-604, eff. 7-13-18.)
8		(225 ILCS 459/68 rep.)
9		Section 55. The Appraisal Management Company Registration
10		Act is amended by repealing Section 68.
11		Section 60. The Professional Limited Liability Company Act
12		is amended by changing Section 13 as follows:
13		(805 ILCS 185/13)
14		Sec. 13. Nature of business.
15		(a) A professional limited liability company may be formed
16		to provide a professional service or services licensed by the
17		Department except:
18		(1) the practice of dentistry unless all the members
19		and managers are licensed as dentists under the Illinois
20		Dental Practice Act;
21		(2) the practice of medicine unless all the managers,
22		if any, are licensed to practice medicine under the
23		Medical Practice Act of 1987 and each member is either:

HB5167 Engrossed - 131 - LRB102 25439 SPS 34725 b
1		(A) licensed to practice medicine under the
2		Medical Practice Act of 1987;
3		(B) a registered medical corporation or
4		corporations organized pursuant to the Medical
5		Corporation Act;
6		(C) a professional corporation organized pursuant
7		to the Professional Service Corporation Act of
8		physicians licensed to practice under the Medical
9		Practice Act of 1987;
10		(D) a hospital or hospital affiliate as defined in
11		Section 10.8 of the Hospital Licensing Act; or
12		(E) a professional limited liability company that
13		satisfies the requirements of subparagraph (A), (B),
14		(C), or (D);
15		(3) the practice of real estate unless all the members
16		and managers, if any, that actively participate in the
17		real estate activities of the professional limited
18		liability company or every member in a member-managed
19		company are licensed to practice as a managing broker or
20		broker pursuant to the Real Estate License Act of 2000.
21		All nonparticipating members or managers shall submit
22		affidavits of nonparticipation as required by the
23		Department and the Real Estate License Act of 2000;
24		(4) the practice of clinical psychology unless all the
25		managers and members are licensed to practice as a
26		clinical psychologist under the Clinical Psychologist

HB5167 Engrossed - 132 - LRB102 25439 SPS 34725 b
1		Licensing Act;
2		(5) the practice of social work unless all the
3		managers and members are licensed to practice as a
4		clinical social worker or social worker under the Clinical
5		Social Work and Social Work Practice Act;
6		(6) the practice of marriage and family therapy unless
7		all the managers and members are licensed to practice as a
8		marriage and family therapist under the Marriage and
9		Family Therapy Licensing Act;
10		(7) the practice of professional counseling unless all
11		the managers and members are licensed to practice as a
12		clinical professional counselor or a professional
13		counselor under the Professional Counselor and Clinical
14		Professional Counselor Licensing and Practice Act;
15		(8) the practice of sex offender evaluation and
16		treatment unless all the managers and members are licensed
17		to practice as a sex offender evaluator or sex offender
18		treatment provider under the Sex Offender Evaluation and
19		Treatment Provider Act; or
20		(9) the practice of veterinary medicine unless all the
21		managers and members are licensed to practice as a
22		veterinarian under the Veterinary Medicine and Surgery
23		Practice Act of 2004.
24		(b) Notwithstanding any provision of this Section, any of
25		the following professional services may be combined and
26		offered within a single professional limited liability company

HB5167 Engrossed - 133 - LRB102 25439 SPS 34725 b
1		provided that each professional service is offered only by
2		persons licensed to provide that professional service and all
3		managers and members are licensed in at least one of the
4		professional services offered by the professional limited
5		liability company:
6		(1) the practice of medicine by physicians licensed
7		under the Medical Practice Act of 1987, the practice of
8		podiatry by podiatric physicians licensed under the
9		Podiatric Medical Practice Act of 1987, the practice of
10		dentistry by dentists licensed under the Illinois Dental
11		Practice Act, and the practice of optometry by
12		optometrists licensed under the Illinois Optometric
13		Practice Act of 1987; or
14		(2) the practice of clinical psychology by clinical
15		psychologists licensed under the Clinical Psychologist
16		Licensing Act, the practice of social work by clinical
17		social workers or social workers licensed under the
18		Clinical Social Work and Social Work Practice Act, the
19		practice of marriage and family counseling by marriage and
20		family therapists licensed under the Marriage and Family
21		Therapy Licensing Act, the practice of professional
22		counseling by professional counselors and clinical
23		professional counselors licensed under the Professional
24		Counselor and Clinical Professional Counselor Licensing
25		and Practice Act, and the practice of sex offender
26		evaluation and treatment by sex offender evaluators and

HB5167 Engrossed - 134 - LRB102 25439 SPS 34725 b
1		sex offender treatment providers licensed under the Sex
2		Offender Evaluation and Treatment Provider Act; .
3		(3) the practice of architecture by persons licensed
4		under the Illinois Architecture Practice Act of 1989, the
5		practice of professional engineering by persons licensed
6		under the Professional Engineering Practice Act of 1989,
7		the practice of structural engineering by persons licensed
8		under the Structural Engineering Practice Act of 1989, and
9		the practice of land surveying by persons licensed under
10		the Illinois Professional Land Surveyor Act of 1989; or
11		(4) the practice of acupuncture by persons licensed
12		under the Acupuncture Practice Act, the practice of
13		massage by persons licensed under the Massage Licensing
14		Act, the practice of naprapathy by persons licensed under
15		the Naprapathic Practice Act, the practice of occupational
16		therapy by persons licensed under the Illinois
17		Occupational Therapy Practice Act, the practice of
18		physical therapy by persons licensed under the Illinois
19		Physical Therapy Act, and the practice of speech-language
20		pathology by persons licensed under the Illinois
21		Speech-Language Pathology and Audiology Practice Act.
22		(Source: P.A. 100-894, eff. 8-14-18.)
23		Section 99. Effective date. This Act takes effect upon
24		becoming law, except that Section 10 takes effect on July 1,
25		2023.
HB5167 Engrossed - 135 - LRB102 25439 SPS 34725 b 1 INDEX 2 Statutes amended in order of appearance 3 30 ILCS 105/5.970 new 4 30 ILCS 105/5.557 rep. 5 30 ILCS 105/5.558 rep. 6 30 ILCS 105/5.742 rep. 7 225 ILCS 407/10-5 8 225 ILCS 407/10-30 9 225 ILCS 407/10-50 10 225 ILCS 407/20-11 new 11 225 ILCS 407/20-15 12 225 ILCS 407/20-15.1 new 13 225 ILCS 407/20-16 new 14 225 ILCS 407/20-95 15 225 ILCS 407/20-105 new 16 225 ILCS 407/30-13 17 225 ILCS 407/30-30 18 225 ILCS 427/10 19 225 ILCS 427/25 20 225 ILCS 427/55 21 225 ILCS 427/60 22 225 ILCS 427/65 23 225 ILCS 441/1-10 24 225 ILCS 441/5-16 25 225 ILCS 441/5-17 HB5167 Engrossed - 136 - LRB102 25439 SPS 34725 b 1 225 ILCS 441/15-5 2 225 ILCS 441/15-11 new 3 225 ILCS 441/25-5 4 225 ILCS 454/1-10 5 225 ILCS 454/5-10 6 225 ILCS 454/5-25 7 225 ILCS 454/5-45 8 225 ILCS 454/5-50 9 225 ILCS 454/5-70 10 225 ILCS 454/15-35 11 225 ILCS 454/15-45 12 225 ILCS 454/20-20 13 225 ILCS 454/20-20.1 14 225 ILCS 454/20-69 15 225 ILCS 454/20-75 16 225 ILCS 454/20-110 17 225 ILCS 454/25-10 18 225 ILCS 454/25-38 new 19 225 ILCS 454/30-15 20 225 ILCS 454/30-25 21 225 ILCS 454/20-21 rep. 22 225 ILCS 456/Act rep. 23 225 ILCS 458/1-10 24 225 ILCS 458/5-25 25 225 ILCS 458/25-10 26 225 ILCS 459/40 HB5167 Engrossed - 137 - LRB102 25439 SPS 34725 b