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Public Act 100-0534 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing | ||||
Section 4.30 as follows: | ||||
(5 ILCS 80/4.30) | ||||
Sec. 4.30. Acts repealed on January 1, 2020. The following | ||||
Acts are repealed on January 1, 2020: | ||||
The Auction License Act. | ||||
The Community Association Manager Licensing and | ||||
Disciplinary Act. | ||||
The Illinois Architecture Practice Act of 1989. | ||||
The Illinois Landscape Architecture Act of 1989. | ||||
The Illinois Professional Land Surveyor Act of 1989. | ||||
The Land Sales Registration Act of 1999. | ||||
The Orthotics, Prosthetics, and Pedorthics Practice Act. | ||||
The Perfusionist Practice Act.
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The Professional Engineering Practice Act of 1989. | ||||
The Real Estate License Act of 2000. | ||||
The Structural Engineering Practice Act of 1989. | ||||
(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09; | ||||
96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff. | ||||
8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; |
96-1000, eff. 7-2-10.) | ||
(225 ILCS 401/Act rep.) | ||
Section 10. The Illinois Athlete Agents Act is repealed. | ||
Section 15. The Auction License Act is amended by changing | ||
Sections 5-10 and 10-1 as follows:
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(225 ILCS 407/5-10)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 5-10. Definitions. As used in this Act:
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"Advertisement" means any written, oral, or electronic | ||
communication that
contains a promotion, inducement, or offer | ||
to conduct an auction or offer to
provide an auction service, | ||
including but not limited to brochures, pamphlets,
radio and | ||
television scripts, telephone and direct mail solicitations,
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electronic media, and other means of promotion.
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"Advisory Board" or "Board" means the Auctioneer Advisory | ||
Board.
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"Associate auctioneer" means a person who conducts an | ||
auction, but who is
under the direct supervision of, and is | ||
sponsored by, a licensed auctioneer
or auction firm.
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"Auction" means the sale or lease of property, real or | ||
personal, by means
of exchanges between an auctioneer and | ||
prospective
purchasers or lessees, which consists of a series | ||
of invitations for offers
made by the auctioneer and offers by |
prospective
purchasers or lessees for the purpose of obtaining | ||
an acceptable offer for
the sale or lease of the property, | ||
including the sale or lease of property
via mail, | ||
telecommunications, or the Internet.
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"Auction contract" means a written agreement between an | ||
auctioneer or auction firm and a seller or sellers.
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"Auction firm" means any corporation, partnership, or | ||
limited liability
company that acts as an auctioneer and | ||
provides an auction service.
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"Auction school" means any educational institution, public | ||
or private,
which offers a curriculum of auctioneer education | ||
and training approved
by the Department.
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"Auction service" means the service of arranging, | ||
managing, advertising,
or conducting auctions.
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"Auctioneer" means a person or entity who, for another, for | ||
a fee,
compensation, commission, or any other valuable | ||
consideration at auction or
with the intention or expectation | ||
of receiving valuable consideration by the
means of or process | ||
of an auction or sale at auction or providing an auction
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service, offers, negotiates, or attempts to negotiate an | ||
auction contract,
sale, purchase, or exchange of goods, | ||
chattels, merchandise, personal property,
real property, or | ||
any commodity that may be lawfully kept or offered for sale
by | ||
or at auction.
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"Address of Record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application |
file or license file maintained by the Department. It is the | ||
duty of the applicant or licensee to inform the Department of | ||
any change of address, and such changes must be made either | ||
through the Department's website or by directly contacting the | ||
Department. | ||
"Buyer premium" means any fee or compensation paid by the | ||
successful purchaser of property sold or leased at or by | ||
auction, to the auctioneer, auction firms, seller, lessor, or | ||
other party to the transaction, other than the purchase price. | ||
"Department" means the Department of Financial and | ||
Professional Regulation.
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"Goods" means chattels, movable goods, merchandise, or | ||
personal property or
commodities of any form or type that may | ||
be lawfully kept or offered for sale.
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"Interactive computer service" means any information | ||
service, system, or access software provider that provides or | ||
enables computer access by multiple users to a computer server, | ||
including specifically a service or system that provides access | ||
to the Internet. | ||
"Internet auction listing service" means a website on the | ||
Internet, or other interactive computer service, that is | ||
designed to allow or advertise as a means of allowing users to | ||
offer personal property or services for sale or lease to a | ||
prospective buyer or lessee through an on-line bid submission | ||
process using that website or interactive computer service and | ||
that does not examine, set the price, prepare the description |
of the personal property or service to be offered, or in any | ||
way utilize the services of a natural person as an auctioneer. | ||
"Licensee" means any person licensed under this Act.
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"Managing auctioneer" means any person licensed as an | ||
auctioneer who manages
and supervises licensees sponsored by an | ||
auction firm or auctioneer.
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"Person" means an individual, association, partnership, | ||
corporation, or
limited liability company or the officers, | ||
directors, or employees of the same.
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"Pre-renewal period" means the 24 months prior to the | ||
expiration date of a
license issued under this Act.
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"Real estate" means real estate as defined in Section 1-10 | ||
of the Real Estate License Act of 2000 or its successor Acts. | ||
"Secretary" means the Secretary of the Department of | ||
Financial and Professional Regulation or his or her designee.
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"Sponsoring auctioneer" means the auctioneer or auction | ||
firm who has issued a
sponsor card to a licensed auctioneer.
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"Sponsor card" means the temporary permit issued by the
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sponsoring auctioneer certifying that the licensee named | ||
thereon is employed
by or associated with the sponsoring | ||
auctioneer and the sponsoring auctioneer
shall be responsible | ||
for the actions of the sponsored licensee.
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(Source: P.A. 98-553, eff. 1-1-14.)
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(225 ILCS 407/10-1)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 10-1. Necessity of license; exemptions.
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(a) It is unlawful for any
person, corporation,
limited | ||
liability company, partnership, or other entity to conduct an | ||
auction,
provide an auction
service, hold himself or herself | ||
out as an auctioneer, or advertise his or her
services as an | ||
auctioneer
in the State of Illinois without a license issued by | ||
the Department under this Act,
except at:
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(1) an auction conducted solely by or for a | ||
not-for-profit organization
for
charitable
purposes in | ||
which the individual receives no compensation;
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(2) an auction conducted by the owner of the property, | ||
real or personal;
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(3) an auction for the sale or lease of real property | ||
conducted by a
licensee
under the
Real Estate License Act, | ||
or its successor Acts, in accordance with the terms of
that | ||
Act;
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(4) an auction conducted by a business registered as a | ||
market
agency under the federal Packers and Stockyards Act | ||
(7 U.S.C. 181 et seq.) or
under the Livestock Auction | ||
Market Law;
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(5) an auction conducted by an agent, officer, or | ||
employee of a federal
agency in the conduct of his or her | ||
official duties; and
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(6) an auction conducted by an agent, officer, or | ||
employee of the State
government or any political | ||
subdivision thereof performing his or her official
duties.
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(b) Nothing in this Act shall be construed to apply to a | ||
new or used
vehicle dealer
or a vehicle auctioneer licensed by | ||
the Secretary of State of Illinois, or
to any employee of the
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licensee, who is a resident of the State of Illinois,
while the | ||
employee is acting in the regular scope of his or her | ||
employment for
the licensee
while conducting an auction that is | ||
not open to the public, provided that
only new or used vehicle | ||
dealers,
rebuilders, automotive parts recyclers, or scrap | ||
processors licensed by the Secretary of State or licensed by
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another state or jurisdiction may buy property at the auction, | ||
or to sales by or
through the licensee. Out-of-state salvage | ||
vehicle buyers licensed in another state or jurisdiction may | ||
also buy property at the auction.
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(c) Nothing in this Act shall be construed to prohibit a | ||
person under the
age of 18 from selling property under $250 in | ||
value while under the direct
supervision of a licensed | ||
auctioneer.
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(d) Nothing in this Act , except Section 10-27, shall be | ||
construed to
apply to a person while providing an Internet | ||
auction listing service as
defined
in Section 5-10 10-27 .
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(Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730, | ||
eff. 8-25-09.)
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(225 ILCS 407/10-27 rep.)
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Section 20. The Auction License Act is amended by repealing | ||
Section 10-27. |
Section 30. The Real Estate License Act of 2000 is amended | ||
by changing Sections 1-10, 5-20, 20-20, and 20-85 as follows:
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(225 ILCS 454/1-10)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 1-10. Definitions. In this Act, unless the context | ||
otherwise requires:
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"Act" means the Real Estate License Act of 2000.
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"Address of record" means the designated address recorded | ||
by the Department in the applicant's or licensee's application | ||
file or license file as maintained by the Department's | ||
licensure maintenance unit. It is the duty of the applicant or | ||
licensee to inform the Department of any change of address, and | ||
those changes must be made either through the Department's | ||
website or by contacting the Department. | ||
"Advisory Council" means the Real Estate Education | ||
Advisory Council created
under Section 30-10 of this Act.
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"Agency" means a relationship in which a broker or | ||
licensee,
whether directly or through an affiliated licensee, | ||
represents a consumer by
the consumer's consent, whether | ||
express or implied, in a real property
transaction.
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"Applicant" means any person, as defined in this Section, | ||
who applies to
the Department for a valid license as a managing | ||
broker, broker, or
leasing agent.
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"Blind advertisement" means any real estate advertisement |
that does not
include the sponsoring broker's business name and | ||
that is used by any licensee
regarding the sale or lease of | ||
real estate, including his or her own, licensed
activities, or | ||
the hiring of any licensee under this Act. The broker's
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business name in the case of a franchise shall include the | ||
franchise
affiliation as well as the name of the individual | ||
firm.
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"Board" means the Real Estate Administration and | ||
Disciplinary Board of the Department as created by Section | ||
25-10 of this Act.
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"Branch office" means a sponsoring broker's office other | ||
than the sponsoring
broker's principal office.
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"Broker" means an individual, partnership, limited | ||
liability company,
corporation, or registered limited | ||
liability partnership other than a leasing agent who, whether | ||
in person or through any media or technology, for another and | ||
for compensation, or
with the intention or expectation of | ||
receiving compensation, either
directly or indirectly:
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(1) Sells, exchanges, purchases, rents, or leases real | ||
estate.
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(2) Offers to sell, exchange, purchase, rent, or lease | ||
real estate.
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(3) Negotiates, offers, attempts, or agrees to | ||
negotiate the sale,
exchange, purchase, rental, or leasing | ||
of real estate.
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(4) Lists, offers, attempts, or agrees to list real |
estate for sale,
rent, lease, or exchange.
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(5) Buys, sells, offers to buy or sell, or otherwise | ||
deals in options on
real estate or improvements thereon.
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(6) Supervises the collection, offer, attempt, or | ||
agreement
to collect rent for the use of real estate.
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(7) Advertises or represents himself or herself as | ||
being engaged in the
business of buying, selling, | ||
exchanging, renting, or leasing real estate.
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(8) Assists or directs in procuring or referring of | ||
leads or prospects, intended to
result in the sale, | ||
exchange, lease, or rental of real estate.
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(9) Assists or directs in the negotiation of any | ||
transaction intended to
result in the sale, exchange, | ||
lease, or rental of real estate.
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(10) Opens real estate to the public for marketing | ||
purposes.
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(11) Sells, rents, leases, or offers for sale or lease | ||
real estate at
auction.
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(12) Prepares or provides a broker price opinion or | ||
comparative market analysis as those terms are defined in | ||
this Act, pursuant to the provisions of Section 10-45 of | ||
this Act. | ||
"Brokerage agreement" means a written or oral agreement | ||
between a sponsoring
broker and a consumer for licensed | ||
activities to be provided to a consumer in
return for | ||
compensation or the right to receive compensation from another.
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Brokerage agreements may constitute either a bilateral or a | ||
unilateral
agreement between the broker and the broker's client | ||
depending upon the content
of the brokerage agreement. All | ||
exclusive brokerage agreements shall be in
writing.
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"Broker price opinion" means an estimate or analysis of the | ||
probable selling price of a particular interest in real estate, | ||
which may provide a varying level of detail about the | ||
property's condition, market, and neighborhood and information | ||
on comparable sales. The activities of a real estate broker or | ||
managing broker engaging in the ordinary course of business as | ||
a broker, as defined in this Section, shall not be considered a | ||
broker price opinion if no compensation is paid to the broker | ||
or managing broker, other than compensation based upon the sale | ||
or rental of real estate. | ||
"Client" means a person who is being represented by a | ||
licensee.
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"Comparative market analysis" is an analysis or opinion | ||
regarding pricing, marketing, or financial aspects relating to | ||
a specified interest or interests in real estate that may be | ||
based upon an analysis of comparative market data, the | ||
expertise of the real estate broker or managing broker, and | ||
such other factors as the broker or managing broker may deem | ||
appropriate in developing or preparing such analysis or | ||
opinion. The activities of a real estate broker or managing | ||
broker engaging in the ordinary course of business as a broker, | ||
as defined in this Section, shall not be considered a |
comparative market analysis if no compensation is paid to the | ||
broker or managing broker, other than compensation based upon | ||
the sale or rental of real estate. | ||
"Compensation" means the valuable consideration given by | ||
one person or entity
to another person or entity in exchange | ||
for the performance of some activity or
service. Compensation | ||
shall include the transfer of valuable consideration,
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including without limitation the following:
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(1) commissions;
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(2) referral fees;
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(3) bonuses;
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(4) prizes;
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(5) merchandise;
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(6) finder fees;
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(7) performance of services;
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(8) coupons or gift certificates;
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(9) discounts;
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(10) rebates;
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(11) a chance to win a raffle, drawing, lottery, or | ||
similar game of chance
not prohibited by any other law or | ||
statute;
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(12) retainer fee; or
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(13) salary.
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"Confidential information" means information obtained by a | ||
licensee from a
client during the term of a brokerage agreement | ||
that (i) was made confidential
by the written request or |
written instruction of the client, (ii) deals with
the | ||
negotiating position of the client, or (iii) is information the | ||
disclosure
of which could materially harm the negotiating | ||
position of the client, unless
at any time:
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(1) the client permits the disclosure of information | ||
given by that client
by word or conduct;
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(2) the disclosure is required by law; or
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(3) the information becomes public from a source other | ||
than the licensee.
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"Confidential information" shall not be considered to | ||
include material
information about the physical condition of | ||
the property.
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"Consumer" means a person or entity seeking or receiving | ||
licensed
activities.
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"Continuing education school" means any person licensed by | ||
the Department as a school
for continuing education in | ||
accordance with Section 30-15 of this Act. | ||
"Coordinator" means the Coordinator of Real Estate created | ||
in Section 25-15 of this Act.
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"Credit hour" means 50 minutes of classroom instruction in | ||
course work that
meets the requirements set forth in rules | ||
adopted by the Department.
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"Customer" means a consumer who is not being represented by | ||
the licensee but
for whom the licensee is performing | ||
ministerial acts.
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"Department" means the Department of Financial and |
Professional Regulation. | ||
"Designated agency" means a contractual relationship | ||
between a sponsoring
broker and a client under Section 15-50 of | ||
this Act in which one or more
licensees associated with or | ||
employed by the broker are designated as agent of
the client.
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"Designated agent" means a sponsored licensee named by a | ||
sponsoring broker as
the legal agent of a client, as provided | ||
for in Section 15-50 of this Act.
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"Dual agency" means an agency relationship in which a | ||
licensee is
representing both buyer and seller or both landlord | ||
and tenant in the same
transaction. When the agency | ||
relationship is a designated agency, the
question of whether | ||
there is a dual agency shall be determined by the agency
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relationships of the designated agent of the parties and not of | ||
the sponsoring
broker.
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"Employee" or other derivative of the word "employee", when | ||
used to refer to,
describe, or delineate the relationship | ||
between a sponsoring broker and a managing broker, broker, or a | ||
leasing agent, shall be
construed to include an independent | ||
contractor relationship, provided that a
written agreement | ||
exists that clearly establishes and states the relationship.
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All responsibilities of a broker shall remain.
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"Escrow moneys" means all moneys, promissory notes or any | ||
other type or
manner of legal tender or financial consideration | ||
deposited with any person for
the benefit of the parties to the | ||
transaction. A transaction exists once an
agreement has been |
reached and an accepted real estate contract signed or lease
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agreed to by the parties. Escrow moneys includes without | ||
limitation earnest
moneys and security deposits, except those | ||
security deposits in which the
person holding the security | ||
deposit is also the sole owner of the property
being leased and | ||
for which the security deposit is being held.
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"Electronic means of proctoring" means a methodology | ||
providing assurance that the person taking a test and | ||
completing the answers to questions is the person seeking | ||
licensure or credit for continuing education and is doing so | ||
without the aid of a third party or other device. | ||
"Exclusive brokerage agreement" means a written brokerage | ||
agreement that provides that the sponsoring broker has the sole | ||
right, through one or more sponsored licensees, to act as the | ||
exclusive designated agent or representative of the client and | ||
that meets the requirements of Section 15-75 of this Act.
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"Inoperative" means a status of licensure where the | ||
licensee holds a current
license under this Act, but the | ||
licensee is prohibited from engaging in
licensed activities | ||
because the licensee is unsponsored or the license of the
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sponsoring broker with whom the licensee is associated or by | ||
whom he or she is
employed is currently expired, revoked, | ||
suspended, or otherwise rendered
invalid under this Act.
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"Interactive delivery method" means delivery of a course by | ||
an instructor through a medium allowing for 2-way communication | ||
between the instructor and a student in which either can |
initiate or respond to questions. | ||
"Leads" means the name or names of a potential buyer, | ||
seller, lessor, lessee, or client of a licensee. | ||
"Leasing Agent" means a person who is employed by a broker | ||
to
engage in licensed activities limited to leasing residential | ||
real estate who
has obtained a license as provided for in | ||
Section 5-5 of this Act.
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"License" means the document issued by the Department | ||
certifying that the person named
thereon has fulfilled all | ||
requirements prerequisite to licensure under this
Act.
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"Licensed activities" means those activities listed in the | ||
definition of
"broker" under this Section.
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"Licensee" means any person, as defined in this Section, | ||
who holds a
valid unexpired license as a managing broker, | ||
broker, or
leasing agent.
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"Listing presentation" means a communication between a | ||
managing broker or
broker and a consumer in which the licensee | ||
is attempting to secure a
brokerage agreement with the consumer | ||
to market the consumer's real estate for
sale or lease.
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"Managing broker" means a broker who has supervisory | ||
responsibilities for
licensees in one or, in the case of a | ||
multi-office company, more than one
office and who has been | ||
appointed as such by the sponsoring broker.
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"Medium of advertising" means any method of communication | ||
intended to
influence the general public to use or purchase a | ||
particular good or service or
real estate.
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"Ministerial acts" means those acts that a licensee may | ||
perform for a
consumer that are informative or clerical in | ||
nature and do not rise to the
level of active representation on | ||
behalf of a consumer. Examples of these acts
include without | ||
limitation (i) responding to phone inquiries by consumers as to
| ||
the availability and pricing of brokerage services, (ii) | ||
responding to phone
inquiries from a consumer concerning the | ||
price or location of property, (iii)
attending an open house | ||
and responding to questions about the property from a
consumer, | ||
(iv) setting an appointment to view property, (v) responding to
| ||
questions of consumers walking into a licensee's office | ||
concerning brokerage
services offered or particular | ||
properties, (vi) accompanying an appraiser,
inspector, | ||
contractor, or similar third party on a visit to a property, | ||
(vii)
describing a property or the property's condition in | ||
response to a consumer's
inquiry, (viii) completing business or | ||
factual information for a consumer on an
offer or contract to | ||
purchase on behalf of a client, (ix) showing a client
through a | ||
property being sold by an owner on his or her own behalf, or | ||
(x)
referral to another broker or service provider.
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"Office" means a broker's place of business where the | ||
general
public is invited to transact business and where | ||
records may be maintained and
licenses displayed, whether or | ||
not it is the broker's principal place of
business.
| ||
"Person" means and includes individuals, entities, | ||
corporations, limited
liability companies, registered limited |
liability partnerships, and
partnerships, foreign or domestic, | ||
except that when the context otherwise
requires, the term may | ||
refer to a single individual or other described entity.
| ||
"Personal assistant" means a licensed or unlicensed person | ||
who has been hired
for the purpose of aiding or assisting a | ||
sponsored licensee in the performance
of the sponsored | ||
licensee's job.
| ||
"Pocket card" means the card issued by the Department to | ||
signify that the person named
on the card is currently licensed | ||
under this Act.
| ||
"Pre-license school" means a school licensed by the | ||
Department offering courses in
subjects related to real estate | ||
transactions, including the subjects upon
which an applicant is | ||
examined in determining fitness to receive a license.
| ||
"Pre-renewal period" means the period between the date of | ||
issue of a
currently valid license and the license's expiration | ||
date.
| ||
"Proctor" means any person, including, but not limited to, | ||
an instructor, who has a written agreement to administer | ||
examinations fairly and impartially with a licensed | ||
pre-license school or a licensed continuing education school. | ||
"Real estate" means and includes leaseholds as well as any | ||
other interest or
estate in land, whether corporeal, | ||
incorporeal, freehold, or non-freehold ,
including timeshare | ||
interests, and whether the real estate is situated in this
| ||
State or elsewhere. "Real estate" does not include property |
sold, exchanged, or leased as a timeshare or similar vacation | ||
item or interest, vacation club membership, or other activity | ||
formerly regulated under the Real Estate Timeshare Act of 1999 | ||
(repealed).
| ||
"Regular employee" means a person working an average of 20 | ||
hours per week for a person or entity who would be considered | ||
as an employee under the Internal Revenue Service eleven main | ||
tests in three categories being behavioral control, financial | ||
control and the type of relationship of the parties, formerly | ||
the twenty factor test.
| ||
"Secretary" means the Secretary of the Department of | ||
Financial and Professional Regulation, or a person authorized | ||
by the Secretary to act in the Secretary's stead. | ||
"Sponsoring broker" means the broker who has issued a | ||
sponsor card to a
licensed managing broker, broker, or a | ||
leasing agent.
| ||
"Sponsor card" means the temporary permit issued by the | ||
sponsoring broker certifying that the managing broker, broker,
| ||
or leasing agent named thereon is employed by or associated by | ||
written
agreement with the sponsoring broker, as provided for | ||
in Section
5-40 of this Act.
| ||
(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15; | ||
99-227, eff. 8-3-15.)
| ||
(225 ILCS 454/5-20)
| ||
(Section scheduled to be repealed on January 1, 2020)
|
Sec. 5-20. Exemptions from managing broker, broker, or | ||
leasing agent license
requirement. The requirement for holding | ||
a license under this Article 5 shall
not apply to:
| ||
(1) Any person, partnership, or corporation that as | ||
owner or lessor performs
any of the acts described in the | ||
definition of "broker" under Section 1-10 of
this Act with | ||
reference to property owned or leased by it, or to the | ||
regular
employees thereof with respect to the property so | ||
owned or leased, where such
acts are performed in the | ||
regular course of or as an incident to the
management, | ||
sale, or other disposition of such property and the | ||
investment
therein, provided that such regular employees | ||
do not perform any of the acts
described in the definition | ||
of "broker" under Section 1-10 of this Act in
connection | ||
with a vocation of selling or leasing any real estate or | ||
the
improvements thereon not so owned or leased.
| ||
(2) An attorney in fact acting under a duly executed | ||
and recorded power of
attorney to convey real estate from | ||
the owner or lessor or the services
rendered by an attorney | ||
at law in the performance of the attorney's duty as an
| ||
attorney at law.
| ||
(3) Any person acting as receiver, trustee in | ||
bankruptcy, administrator,
executor, or guardian or while | ||
acting under a court order or under the
authority of a will | ||
or testamentary trust.
| ||
(4) Any person acting as a resident manager for the |
owner or any employee
acting as the resident manager for a | ||
broker managing an apartment building,
duplex, or | ||
apartment complex, when the resident manager resides on the
| ||
premises, the premises is his or her primary residence, and | ||
the resident
manager is engaged in the leasing of the | ||
property of which he or she is the
resident manager.
| ||
(5) Any officer or employee of a federal agency in the | ||
conduct of official
duties.
| ||
(6) Any officer or employee of the State government or | ||
any political
subdivision thereof performing official | ||
duties.
| ||
(7) Any multiple listing service or other similar | ||
information exchange that is
engaged in the collection
and | ||
dissemination of information concerning real estate | ||
available for sale,
purchase, lease, or
exchange for the | ||
purpose of providing licensees with a system by which | ||
licensees may cooperatively share information along with | ||
which no other licensed activities, as defined in Section | ||
1-10 of this Act, are provided.
| ||
(8) Railroads and other public utilities regulated by | ||
the State of Illinois,
or the officers or full time | ||
employees thereof, unless the performance of any
licensed | ||
activities is in connection with the sale, purchase, lease, | ||
or other
disposition of real estate or investment therein | ||
not needing the approval of
the appropriate State | ||
regulatory authority.
|
(9) Any medium of advertising in the routine course of | ||
selling or publishing
advertising along with which no other | ||
licensed activities, as defined in Section 1-10 of this | ||
Act, are provided.
| ||
(10) Any resident lessee of a residential dwelling unit | ||
who refers for
compensation to the owner of the dwelling | ||
unit, or to the owner's agent,
prospective lessees of | ||
dwelling units in the same building or complex as the
| ||
resident lessee's unit, but only if the resident lessee (i) | ||
refers no more than
3 prospective lessees in any 12-month | ||
period, (ii) receives compensation of no
more than $1,500 | ||
or the equivalent of one month's rent, whichever is less, | ||
in
any 12-month period, and (iii) limits his or her | ||
activities to referring
prospective lessees to the owner, | ||
or the owner's agent, and does not show a
residential | ||
dwelling unit to a prospective lessee, discuss terms or | ||
conditions
of leasing a dwelling unit with a prospective | ||
lessee, or otherwise participate
in the negotiation of the | ||
leasing of a dwelling unit.
| ||
(11) The purchase, sale, or transfer of a timeshare or | ||
similar vacation item or interest, vacation club | ||
membership, or other activity formerly regulated under the | ||
Real Estate Timeshare Act of 1999 (repealed) An exchange | ||
company registered under the Real Estate Timeshare Act of
| ||
1999 and the regular employees of that registered exchange | ||
company but only
when conducting an exchange program as |
defined in that Act .
| ||
(12) (Blank). An existing timeshare owner who, for | ||
compensation, refers prospective
purchasers, but only if | ||
the existing timeshare owner (i) refers no more than 20
| ||
prospective purchasers in any calendar year, (ii) receives | ||
no more than $1,000,
or its equivalent, for referrals in | ||
any calendar year and (iii) limits his or
her activities to | ||
referring prospective purchasers of timeshare interests to
| ||
the developer or the developer's employees or agents, and | ||
does not show,
discuss terms or conditions of purchase or | ||
otherwise participate in
negotiations with regard to | ||
timeshare interests.
| ||
(13) Any person who is licensed without examination | ||
under
Section 10-25 (now repealed) of the Auction License | ||
Act is exempt from holding a managing broker's or
broker's | ||
license under this Act for the limited purpose of selling | ||
or
leasing real estate at auction, so long as:
| ||
(A) that person has made application for said | ||
exemption by July 1, 2000;
| ||
(B) that person verifies to the Department that he | ||
or she has sold real estate
at auction for a period of | ||
5 years prior to licensure as an auctioneer;
| ||
(C) the person has had no lapse in his or her | ||
license as an
auctioneer; and
| ||
(D) the license issued under the Auction License | ||
Act has not been
disciplined for violation of those |
provisions of Article 20 of the Auction
License Act | ||
dealing with or related to the sale or lease of real | ||
estate at
auction.
| ||
(14) A person who holds a valid license under the | ||
Auction License Act and a valid real estate auction | ||
certification and conducts auctions for the sale of real | ||
estate under Section 5-32 of this Act. | ||
(15) A hotel operator who is registered with the | ||
Illinois Department of
Revenue and pays taxes under the | ||
Hotel Operators' Occupation Tax Act and rents
a room or | ||
rooms in a hotel as defined in the Hotel Operators' | ||
Occupation Tax
Act for a period of not more than 30 | ||
consecutive days and not more than 60 days
in a calendar | ||
year.
| ||
(Source: P.A. 98-553, eff. 1-1-14; 99-227, eff. 8-3-15.)
| ||
(225 ILCS 454/20-20)
| ||
(Section scheduled to be repealed on January 1, 2020)
| ||
Sec. 20-20. Grounds for discipline. | ||
(a) The Department may refuse to issue or renew a license, | ||
may place on probation, suspend,
or
revoke any
license, | ||
reprimand, or take any other disciplinary or non-disciplinary | ||
action as the Department may deem proper and impose a
fine not | ||
to exceed
$25,000 upon any licensee or applicant under this Act | ||
or any person who holds himself or herself out as an applicant | ||
or licensee or against a licensee in handling his or her own |
property, whether held by deed, option, or otherwise, for any | ||
one or any combination of the
following causes:
| ||
(1) Fraud or misrepresentation in applying for, or | ||
procuring, a license under this Act or in connection with | ||
applying for renewal of a license under this Act.
| ||
(2) The conviction of or plea of guilty or plea of nolo | ||
contendere to a felony or misdemeanor in this State or any | ||
other jurisdiction; or the entry of an administrative | ||
sanction by a government agency in this State or any other | ||
jurisdiction. Action taken under this paragraph (2) for a | ||
misdemeanor or an administrative sanction is limited to a | ||
misdemeanor or administrative sanction that has as an
| ||
essential element dishonesty or fraud or involves larceny, | ||
embezzlement,
or obtaining money, property, or credit by | ||
false pretenses or by means of a
confidence
game.
| ||
(3) Inability to practice the profession with | ||
reasonable judgment, skill, or safety as a result of a | ||
physical illness, including, but not limited to, | ||
deterioration through the aging process or loss of motor | ||
skill, or a mental illness or disability.
| ||
(4) Practice under this Act as a licensee in a retail | ||
sales establishment from an office, desk, or space that
is | ||
not
separated from the main retail business by a separate | ||
and distinct area within
the
establishment.
| ||
(5) Having been disciplined by another state, the | ||
District of Columbia, a territory, a foreign nation, or a |
governmental agency authorized to impose discipline if at | ||
least one of the grounds for that discipline is the same as | ||
or
the
equivalent of one of the grounds for which a | ||
licensee may be disciplined under this Act. A certified | ||
copy of the record of the action by the other state or | ||
jurisdiction shall be prima facie evidence thereof.
| ||
(6) Engaging in the practice of real estate brokerage
| ||
without a
license or after the licensee's license was | ||
expired or while the license was
inoperative.
| ||
(7) Cheating on or attempting to subvert the Real
| ||
Estate License Exam or continuing education exam. | ||
(8) Aiding or abetting an applicant
to
subvert or cheat | ||
on the Real Estate License Exam or continuing education | ||
exam
administered pursuant to this Act.
| ||
(9) Advertising that is inaccurate, misleading, or | ||
contrary to the provisions of the Act.
| ||
(10) Making any substantial misrepresentation or | ||
untruthful advertising.
| ||
(11) Making any false promises of a character likely to | ||
influence,
persuade,
or induce.
| ||
(12) Pursuing a continued and flagrant course of | ||
misrepresentation or the
making
of false promises through | ||
licensees, employees, agents, advertising, or
otherwise.
| ||
(13) Any misleading or untruthful advertising, or | ||
using any trade name or
insignia of membership in any real | ||
estate organization of which the licensee is
not a member.
|
(14) Acting for more than one party in a transaction | ||
without providing
written
notice to all parties for whom | ||
the licensee acts.
| ||
(15) Representing or attempting to represent a broker | ||
other than the
sponsoring broker.
| ||
(16) Failure to account for or to remit any moneys or | ||
documents coming into
his or her possession that belong to | ||
others.
| ||
(17) Failure to maintain and deposit in a special | ||
account, separate and
apart from
personal and other | ||
business accounts, all escrow moneys belonging to others
| ||
entrusted to a licensee
while acting as a broker, escrow | ||
agent, or temporary custodian of
the funds of others or
| ||
failure to maintain all escrow moneys on deposit in the | ||
account until the
transactions are
consummated or | ||
terminated, except to the extent that the moneys, or any | ||
part
thereof, shall be: | ||
(A)
disbursed prior to the consummation or | ||
termination (i) in accordance with
the
written | ||
direction of
the principals to the transaction or their | ||
duly authorized agents, (ii) in accordance with
| ||
directions providing for the
release, payment, or | ||
distribution of escrow moneys contained in any written
| ||
contract signed by the
principals to the transaction or | ||
their duly authorized agents,
or (iii)
pursuant to an | ||
order of a court of competent
jurisdiction; or |
(B) deemed abandoned and transferred to the Office | ||
of the State Treasurer to be handled as unclaimed | ||
property pursuant to the Uniform Disposition of | ||
Unclaimed Property Act. Escrow moneys may be deemed | ||
abandoned under this subparagraph (B) only: (i) in the | ||
absence of disbursement under subparagraph (A); (ii) | ||
in the absence of notice of the filing of any claim in | ||
a court of competent jurisdiction; and (iii) if 6 | ||
months have elapsed after the receipt of a written | ||
demand for the escrow moneys from one of the principals | ||
to the transaction or the principal's duly authorized | ||
agent.
| ||
The account
shall be noninterest
bearing, unless the | ||
character of the deposit is such that payment of interest
| ||
thereon is otherwise
required by law or unless the | ||
principals to the transaction specifically
require, in | ||
writing, that the
deposit be placed in an interest bearing | ||
account.
| ||
(18) Failure to make available to the Department all | ||
escrow records and related documents
maintained in | ||
connection
with the practice of real estate within 24 hours | ||
of a request for those
documents by Department personnel.
| ||
(19) Failing to furnish copies upon request of | ||
documents relating to a
real
estate transaction to a party | ||
who has executed that document.
| ||
(20) Failure of a sponsoring broker to timely provide |
information, sponsor
cards,
or termination of licenses to | ||
the Department.
| ||
(21) Engaging in dishonorable, unethical, or | ||
unprofessional conduct of a
character
likely to deceive, | ||
defraud, or harm the public.
| ||
(22) Commingling the money or property of others with | ||
his or her own money or property.
| ||
(23) Employing any person on a purely temporary or | ||
single deal basis as a
means
of evading the law regarding | ||
payment of commission to nonlicensees on some
contemplated
| ||
transactions.
| ||
(24) Permitting the use of his or her license as a | ||
broker to enable a
leasing agent or
unlicensed person to | ||
operate a real estate business without actual
| ||
participation therein and control
thereof by the broker.
| ||
(25) Any other conduct, whether of the same or a | ||
different character from
that
specified in this Section, | ||
that constitutes dishonest dealing.
| ||
(26) Displaying a "for rent" or "for sale" sign on any | ||
property without
the written
consent of an owner or his or | ||
her duly authorized agent or advertising by any
means that | ||
any property is
for sale or for rent without the written | ||
consent of the owner or his or her
authorized agent.
| ||
(27) Failing to provide information requested by the | ||
Department, or otherwise respond to that request, within 30 | ||
days of
the
request.
|
(28) Advertising by means of a blind advertisement, | ||
except as otherwise
permitted in Section 10-30 of this Act.
| ||
(29) Offering guaranteed sales plans, as defined in | ||
clause (A) of
this subdivision (29), except to
the extent | ||
hereinafter set forth:
| ||
(A) A "guaranteed sales plan" is any real estate | ||
purchase or sales plan
whereby a licensee enters into a | ||
conditional or unconditional written contract
with a | ||
seller, prior to entering into a brokerage agreement | ||
with the seller, by the
terms of which a licensee | ||
agrees to purchase a property of the seller within a
| ||
specified period of time
at a specific price in the | ||
event the property is not sold in accordance with
the | ||
terms of a brokerage agreement to be entered into | ||
between the sponsoring broker and the seller.
| ||
(B) A licensee offering a guaranteed sales plan | ||
shall provide the
details
and conditions of the plan in | ||
writing to the party to whom the plan is
offered.
| ||
(C) A licensee offering a guaranteed sales plan | ||
shall provide to the
party
to whom the plan is offered | ||
evidence of sufficient financial resources to
satisfy | ||
the commitment to
purchase undertaken by the broker in | ||
the plan.
| ||
(D) Any licensee offering a guaranteed sales plan | ||
shall undertake to
market the property of the seller | ||
subject to the plan in the same manner in
which the |
broker would
market any other property, unless the | ||
agreement with the seller provides
otherwise.
| ||
(E) The licensee cannot purchase seller's property | ||
until the brokerage agreement has ended according to | ||
its terms or is otherwise terminated. | ||
(F) Any licensee who fails to perform on a | ||
guaranteed sales plan in
strict accordance with its | ||
terms shall be subject to all the penalties provided
in | ||
this Act for
violations thereof and, in addition, shall | ||
be subject to a civil fine payable
to the party injured | ||
by the
default in an amount of up to $25,000.
| ||
(30) Influencing or attempting to influence, by any | ||
words or acts, a
prospective
seller, purchaser, occupant, | ||
landlord, or tenant of real estate, in connection
with | ||
viewing, buying, or
leasing real estate, so as to promote | ||
or tend to promote the continuance
or maintenance of
| ||
racially and religiously segregated housing or so as to | ||
retard, obstruct, or
discourage racially
integrated | ||
housing on or in any street, block, neighborhood, or | ||
community.
| ||
(31) Engaging in any act that constitutes a violation | ||
of any provision of
Article 3 of the Illinois Human Rights | ||
Act, whether or not a complaint has
been filed with or
| ||
adjudicated by the Human Rights Commission.
| ||
(32) Inducing any party to a contract of sale or lease | ||
or brokerage
agreement to
break the contract of sale or |
lease or brokerage agreement for the purpose of
| ||
substituting, in lieu
thereof, a new contract for sale or | ||
lease or brokerage agreement with a third
party.
| ||
(33) Negotiating a sale, exchange, or lease of real | ||
estate directly with
any person
if the licensee knows that | ||
the person has an exclusive brokerage
agreement with | ||
another
broker, unless specifically authorized by that | ||
broker.
| ||
(34) When a licensee is also an attorney, acting as the | ||
attorney for
either the
buyer or the seller in the same | ||
transaction in which the licensee is acting or
has acted as | ||
a managing broker
or broker.
| ||
(35) Advertising or offering merchandise or services | ||
as free if any
conditions or
obligations necessary for | ||
receiving the merchandise or services are not
disclosed in | ||
the same
advertisement or offer. These conditions or | ||
obligations include without
limitation the
requirement | ||
that the recipient attend a promotional activity or visit a | ||
real
estate site. As used in this
subdivision (35), "free" | ||
includes terms such as "award", "prize", "no charge",
"free | ||
of charge",
"without charge", and similar words or phrases | ||
that reasonably lead a person to
believe that he or she
may | ||
receive or has been selected to receive something of value, | ||
without any
conditions or
obligations on the part of the | ||
recipient.
| ||
(36) (Blank). Disregarding or violating any provision |
of the Land Sales
Registration Act of 1989, the Illinois | ||
Real Estate
Time-Share Act, or the published rules | ||
promulgated by the Department to enforce
those Acts.
| ||
(37) Violating the terms of a disciplinary order
issued | ||
by the Department.
| ||
(38) Paying or failing to disclose compensation in | ||
violation of Article 10 of this Act.
| ||
(39) Requiring a party to a transaction who is not a | ||
client of the
licensee
to allow the licensee to retain a | ||
portion of the escrow moneys for payment of
the licensee's | ||
commission or expenses as a condition for release of the | ||
escrow
moneys to that party.
| ||
(40) Disregarding or violating any provision of this | ||
Act or the published
rules
promulgated by the Department to | ||
enforce this Act or aiding or abetting any individual,
| ||
partnership, registered limited liability partnership, | ||
limited liability
company, or corporation in
disregarding | ||
any provision of this Act or the published rules | ||
promulgated by the Department
to enforce this Act.
| ||
(41) Failing to provide the minimum services required | ||
by Section 15-75 of this Act when acting under an exclusive | ||
brokerage agreement.
| ||
(42) Habitual or excessive use or addiction to alcohol, | ||
narcotics, stimulants, or any other chemical agent or drug | ||
that results in a managing broker, broker, or leasing | ||
agent's inability to practice with reasonable skill or |
safety. | ||
(43) Enabling, aiding, or abetting an auctioneer, as | ||
defined in the Auction License Act, to conduct a real | ||
estate auction in a manner that is in violation of this | ||
Act. | ||
(b) The Department may refuse to issue or renew or may | ||
suspend the license of any person who fails to file a return, | ||
pay the tax, penalty or interest shown in a filed return, or | ||
pay any final assessment of tax, penalty, or interest, as | ||
required by any tax Act administered by the Department of | ||
Revenue, until such time as the requirements of that tax Act | ||
are satisfied in accordance with subsection (g) of Section | ||
2105-15 of the Civil Administrative Code of Illinois. | ||
(c) The Department shall deny a license or renewal | ||
authorized by this Act to a person who has defaulted on an | ||
educational loan or scholarship provided or guaranteed by the | ||
Illinois Student Assistance Commission or any governmental | ||
agency of this State in accordance with item (5) of subsection | ||
(a) of Section 2105-15 of the Civil Administrative Code of | ||
Illinois. | ||
(d) In cases where the Department of Healthcare and Family | ||
Services (formerly Department of Public Aid) has previously | ||
determined that a licensee or a potential licensee is more than | ||
30 days delinquent in the payment of child support and has | ||
subsequently certified the delinquency to the Department may | ||
refuse to issue or renew or may revoke or suspend that person's |
license or may take other disciplinary action against that | ||
person based solely upon the certification of delinquency made | ||
by the Department of Healthcare and Family Services in | ||
accordance with item (5) of subsection (a) of Section 2105-15 | ||
of the Civil Administrative Code of Illinois. | ||
(e) In enforcing this Section, the Department or Board upon | ||
a showing of a possible violation may compel an individual | ||
licensed to practice under this Act, or who has applied for | ||
licensure under this Act, to submit to a mental or physical | ||
examination, or both, as required by and at the expense of the | ||
Department. The Department or Board may order the examining | ||
physician to present testimony concerning the mental or | ||
physical examination of the licensee or applicant. No | ||
information shall be excluded by reason of any common law or | ||
statutory privilege relating to communications between the | ||
licensee or applicant and the examining physician. The | ||
examining physicians shall be specifically designated by the | ||
Board or Department. The individual to be examined may have, at | ||
his or her own expense, another physician of his or her choice | ||
present during all aspects of this examination. Failure of an | ||
individual to submit to a mental or physical examination, when | ||
directed, shall be grounds for suspension of his or her license | ||
until the individual submits to the examination if the | ||
Department finds, after notice and hearing, that the refusal to | ||
submit to the examination was without reasonable cause. | ||
If the Department or Board finds an individual unable to |
practice because of the reasons set forth in this Section, the | ||
Department or Board may require that individual to submit to | ||
care, counseling, or treatment by physicians approved or | ||
designated by the Department or Board, as a condition, term, or | ||
restriction for continued, reinstated, or renewed licensure to | ||
practice; or, in lieu of care, counseling, or treatment, the | ||
Department may file, or the Board may recommend to the | ||
Department to file, a complaint to immediately suspend, revoke, | ||
or otherwise discipline the license of the individual. An | ||
individual whose license was granted, continued, reinstated, | ||
renewed, disciplined or supervised subject to such terms, | ||
conditions, or restrictions, and who fails to comply with such | ||
terms, conditions, or restrictions, shall be referred to the | ||
Secretary for a determination as to whether the individual | ||
shall have his or her license suspended immediately, pending a | ||
hearing by the Department. | ||
In instances in which the Secretary immediately suspends a | ||
person's license under this Section, a hearing on that person's | ||
license must be convened by the Department within 30 days after | ||
the suspension and completed without appreciable delay. The | ||
Department and Board shall have the authority to review the | ||
subject individual's record of treatment and counseling | ||
regarding the impairment to the extent permitted by applicable | ||
federal statutes and regulations safeguarding the | ||
confidentiality of medical records. | ||
An individual licensed under this Act and affected under |
this Section shall be afforded an opportunity to demonstrate to | ||
the Department or Board that he or she can resume practice in | ||
compliance with acceptable and prevailing standards under the | ||
provisions of his or her license. | ||
(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14; | ||
99-227, eff. 8-3-15.)
| ||
(225 ILCS 454/20-85)
| ||
(Section scheduled to be repealed on January 1, 2020)
| ||
Sec. 20-85. Recovery from Real Estate Recovery Fund. The | ||
Department shall maintain a Real Estate Recovery Fund from | ||
which any person aggrieved
by an act,
representation, | ||
transaction, or conduct of a licensee or unlicensed employee of
| ||
a licensee that is
in violation of this Act or the rules | ||
promulgated pursuant thereto,
constitutes
embezzlement of | ||
money or property, or results in money or property being
| ||
unlawfully obtained
from any person by false pretenses, | ||
artifice, trickery, or forgery or by reason
of any fraud,
| ||
misrepresentation, discrimination, or deceit by or on the part | ||
of any such
licensee or the unlicensed
employee of a licensee | ||
and that results in a loss of actual cash money, as
opposed to | ||
losses in
market value, may recover. The aggrieved person may | ||
recover, by a post-judgment order of the
circuit court of the
| ||
county where the violation occurred in a proceeding described | ||
in Section 20-90 of this Act, an amount of not more than | ||
$25,000 from
the Fund for
damages sustained by the act, |
representation, transaction, or conduct, together
with costs | ||
of suit and
attorney's fees incurred in connection therewith of | ||
not to exceed 15% of the
amount of the recovery
ordered paid | ||
from the Fund. However, no person may
recover from the
Fund | ||
unless the court finds that the person suffered a loss | ||
resulting from
intentional misconduct.
The post-judgment order | ||
shall not include interest on the judgment.
The maximum | ||
liability against the Fund arising out of any one act shall be | ||
as
provided in this
Section, and the post-judgment order shall | ||
spread the award equitably among all
co-owners or otherwise
| ||
aggrieved persons, if any. The maximum liability against the | ||
Fund arising out
of the activities of
any one licensee or one | ||
unlicensed employee of a licensee, since January 1,
1974, shall | ||
be $100,000.
Nothing in this Section shall be construed to | ||
authorize recovery from the Fund
unless the loss of the | ||
aggrieved person results from an act or omission of a licensee | ||
under this Act
who was at the time of the act or omission
| ||
acting in such
capacity or was apparently acting in such | ||
capacity or their unlicensed employee and unless the aggrieved
| ||
person has obtained a
valid judgment and post-judgment order of | ||
the court as provided for in Section 20-90 of this Act.
No | ||
person aggrieved by an act, representation, or transaction that | ||
is in
violation of the Illinois
Real Estate Time-Share Act or | ||
the Land Sales Registration Act of 1989 may
recover from the
| ||
Fund.
| ||
(Source: P.A. 99-227, eff. 8-3-15.)
|
Section 45. The Unified Code of Corrections is amended by | ||
changing Section 5-5-5 as follows:
| ||
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
| ||
Sec. 5-5-5. Loss and Restoration of Rights.
| ||
(a) Conviction and disposition shall not entail the loss by | ||
the
defendant of any civil rights, except under this Section | ||
and Sections 29-6
and 29-10 of The Election Code, as now or | ||
hereafter amended.
| ||
(b) A person convicted of a felony shall be ineligible to | ||
hold an office
created by the Constitution of this State until | ||
the completion of his sentence.
| ||
(c) A person sentenced to imprisonment shall lose his right | ||
to vote
until released from imprisonment.
| ||
(d) On completion of sentence of imprisonment or upon | ||
discharge from
probation, conditional discharge or periodic | ||
imprisonment, or at any time
thereafter, all license rights and | ||
privileges
granted under the authority of this State which have | ||
been revoked or
suspended because of conviction of an offense | ||
shall be restored unless the
authority having jurisdiction of | ||
such license rights finds after
investigation and hearing that | ||
restoration is not in the public interest.
This paragraph (d) | ||
shall not apply to the suspension or revocation of a
license to | ||
operate a motor vehicle under the Illinois Vehicle Code.
| ||
(e) Upon a person's discharge from incarceration or parole, |
or upon a
person's discharge from probation or at any time | ||
thereafter, the committing
court may enter an order certifying | ||
that the sentence has been
satisfactorily completed when the | ||
court believes it would assist in the
rehabilitation of the | ||
person and be consistent with the public welfare.
Such order | ||
may be entered upon the motion of the defendant or the State or
| ||
upon the court's own motion.
| ||
(f) Upon entry of the order, the court shall issue to the | ||
person in
whose favor the order has been entered a certificate | ||
stating that his
behavior after conviction has warranted the | ||
issuance of the order.
| ||
(g) This Section shall not affect the right of a defendant | ||
to
collaterally attack his conviction or to rely on it in bar | ||
of subsequent
proceedings for the same offense.
| ||
(h) No application for any license specified in subsection | ||
(i) of this
Section granted under the
authority of this State | ||
shall be denied by reason of an eligible offender who
has | ||
obtained a certificate of relief from disabilities, as
defined | ||
in Article 5.5 of this Chapter, having been previously | ||
convicted of one
or more
criminal offenses, or by reason of a | ||
finding of lack of "good moral
character" when the finding is | ||
based upon the fact that the applicant has
previously been | ||
convicted of one or more criminal offenses, unless:
| ||
(1) there is a direct relationship between one or more | ||
of the previous
criminal offenses and the specific license | ||
sought; or
|
(2) the issuance of the license would
involve an | ||
unreasonable risk to property or to the safety or welfare | ||
of
specific individuals or the general public.
| ||
In making such a determination, the licensing agency shall | ||
consider the
following factors:
| ||
(1) the public policy of this State, as expressed in | ||
Article 5.5 of this
Chapter, to encourage the licensure and | ||
employment of persons previously
convicted of one or more | ||
criminal offenses;
| ||
(2) the specific duties and responsibilities | ||
necessarily related to the
license being sought;
| ||
(3) the bearing, if any, the criminal offenses or | ||
offenses for which the
person
was previously convicted will | ||
have on his or her fitness or ability to perform
one or
| ||
more such duties and responsibilities;
| ||
(4) the time which has elapsed since the occurrence of | ||
the criminal
offense or offenses;
| ||
(5) the age of the person at the time of occurrence of | ||
the criminal
offense or offenses;
| ||
(6) the seriousness of the offense or offenses;
| ||
(7) any information produced by the person or produced | ||
on his or her
behalf in
regard to his or her rehabilitation | ||
and good conduct, including a certificate
of relief from | ||
disabilities issued to the applicant, which certificate | ||
shall
create a presumption of rehabilitation in regard to | ||
the offense or offenses
specified in the certificate; and
|
(8) the legitimate interest of the licensing agency in | ||
protecting
property, and
the safety and welfare of specific | ||
individuals or the general public.
| ||
(i) A certificate of relief from disabilities shall be | ||
issued only
for a
license or certification issued under the | ||
following Acts:
| ||
(1) the Animal Welfare Act; except that a certificate | ||
of relief from
disabilities may not be granted
to provide | ||
for
the
issuance or restoration of a license under the | ||
Animal Welfare Act for any
person convicted of violating | ||
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of
the Humane | ||
Care for Animals Act or Section 26-5 or 48-1 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012;
| ||
(2) the Illinois Athletic Trainers Practice Act;
| ||
(3) the Barber, Cosmetology, Esthetics, Hair Braiding, | ||
and Nail Technology Act of 1985;
| ||
(4) the Boiler and Pressure Vessel Repairer Regulation | ||
Act;
| ||
(5) the Boxing and Full-contact Martial Arts Act;
| ||
(6) the Illinois Certified Shorthand Reporters Act of | ||
1984;
| ||
(7) the Illinois Farm Labor Contractor Certification | ||
Act;
| ||
(8) the Interior Design Title Act;
| ||
(9) the Illinois Professional Land Surveyor Act of | ||
1989;
|
(10) the Illinois Landscape Architecture Act of 1989;
| ||
(11) the Marriage and Family Therapy Licensing Act;
| ||
(12) the Private Employment Agency Act;
| ||
(13) the Professional Counselor and Clinical | ||
Professional Counselor
Licensing and Practice
Act;
| ||
(14) the Real Estate License Act of 2000;
| ||
(15) the Illinois Roofing Industry Licensing Act; | ||
(16) the Professional Engineering Practice Act of | ||
1989; | ||
(17) the Water Well and Pump Installation Contractor's | ||
License Act; | ||
(18) the Electrologist Licensing Act;
| ||
(19) the Auction License Act; | ||
(20) the Illinois Architecture Practice Act of 1989; | ||
(21) the Dietitian Nutritionist Practice Act; | ||
(22) the Environmental Health Practitioner Licensing | ||
Act; | ||
(23) the Funeral Directors and Embalmers Licensing | ||
Code; | ||
(24) (blank) the Land Sales Registration Act of 1999 ; | ||
(25) the Professional Geologist Licensing Act; | ||
(26) the Illinois Public Accounting Act; and | ||
(27) the Structural Engineering Practice Act of 1989.
| ||
(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12; | ||
97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff. | ||
1-25-13; 98-756, eff. 7-16-14.)
|
(765 ILCS 86/Act rep.)
| ||
Section 95. The Land Sales Registration Act of 1999 is | ||
repealed.
| ||
(765 ILCS 101/Act rep.)
| ||
Section 100. The Real Estate Timeshare Act of 1999 is | ||
repealed. | ||
Section 105. The Ticket Sale and Resale Act is amended by | ||
changing Section 1.5 as follows:
| ||
(815 ILCS 414/1.5) (was 720 ILCS 375/1.5)
| ||
Sec. 1.5. Sale of tickets at more than face value | ||
prohibited; exceptions.
| ||
(a) Except as otherwise provided in subsections (b), (c), | ||
(d), (e), and (f-5) of this Section and in Section 4, it is | ||
unlawful for any person,
persons, firm or corporation to sell | ||
tickets for baseball games, football
games, hockey games, | ||
theatre entertainments, or any other amusement for a
price more | ||
than the price printed upon the face of said ticket, and the
| ||
price of said ticket shall correspond with the same price shown | ||
at the box
office or the office of original distribution.
| ||
(b) This Act does not apply to the resale of tickets of | ||
admission to a
sporting event, theater, musical performance, or | ||
place of public
entertainment or amusement of any kind for a |
price in excess of the printed
box office ticket price by a | ||
ticket broker who meets all of the following
requirements:
| ||
(1) The ticket broker is duly registered with the | ||
Office of the
Secretary of State on a registration form | ||
provided by that Office. The
registration must contain a | ||
certification that the ticket broker:
| ||
(A) engages in the resale of tickets on a regular
| ||
and ongoing basis from one or more permanent or fixed | ||
locations located
within
this State;
| ||
(B) maintains as the principal business activity | ||
at those locations
the resale of tickets;
| ||
(C) displays at those locations the ticket | ||
broker's registration;
| ||
(D) maintains at those locations a listing of the | ||
names and addresses of
all persons employed by the | ||
ticket broker;
| ||
(E) is in compliance with all applicable federal, | ||
State, and local laws
relating to its ticket selling | ||
activities, and that neither the ticket broker
nor any | ||
of its employees within the preceding 12 months have | ||
been convicted of
a violation of this Act; and
| ||
(F) meets the following requirements:
| ||
(i) the ticket broker maintains a toll free | ||
number specifically dedicated for Illinois | ||
consumer complaints and
inquiries concerning | ||
ticket sales;
|
(ii) the ticket broker has adopted a code that | ||
advocates consumer protection that
includes, at a | ||
minimum:
| ||
(a-1) consumer protection guidelines;
| ||
(b-1) a standard refund policy. In the | ||
event a refund is due, the ticket broker shall | ||
provide that refund without charge other than | ||
for reasonable delivery fees for the return of | ||
the tickets; and
| ||
(c-1) standards of professional conduct;
| ||
(iii) the ticket broker has adopted a | ||
procedure for the binding resolution of consumer
| ||
complaints by an independent, disinterested third | ||
party and thereby submits to the jurisdiction of | ||
the State of Illinois; and
| ||
(iv) the ticket broker has established and | ||
maintains a consumer protection rebate fund
in | ||
Illinois in an amount in excess of $100,000, which | ||
must be cash
available for immediate disbursement | ||
for satisfaction of valid consumer
complaints.
| ||
Alternatively, the ticket broker may fulfill the | ||
requirements of
subparagraph (F) of this paragraph (1) if | ||
the ticket broker certifies that he
or she belongs to a | ||
professional association
organized under the laws of this | ||
State, or organized under the laws of
any
other state and | ||
authorized to conduct business in Illinois, that has been |
in
existence for at least 3 years prior to the date of that | ||
broker's registration
with the Office of the Secretary of | ||
State, and is specifically
dedicated, for and on behalf of | ||
its members, to provide and
maintain the consumer | ||
protection requirements of subparagraph (F) of this | ||
paragraph (1) to maintain the integrity of the ticket | ||
brokerage industry.
| ||
(2) (Blank).
| ||
(3) The ticket broker and his employees must not engage | ||
in the
practice of selling, or attempting to sell, tickets | ||
for any event while
sitting or standing near the facility | ||
at which the event is to be held or
is being held unless | ||
the ticket broker or his or her employees are on property | ||
they own, lease, or have permission to occupy.
| ||
(4) The ticket broker must comply with all requirements | ||
of the
Retailers' Occupation Tax Act and collect and remit
| ||
all other applicable federal, State and
local taxes in | ||
connection with the ticket broker's ticket selling | ||
activities.
| ||
(5) Beginning January 1, 1996, no ticket broker shall | ||
advertise for
resale any tickets within this State unless | ||
the advertisement contains the
name of the ticket broker | ||
and the Illinois registration number issued by the
Office | ||
of the Secretary of State under this Section.
| ||
(6) Each ticket broker registered under this Act shall | ||
pay an annual
registration fee of $100. |
(c) This Act does not apply to the sale of tickets of | ||
admission to a sporting event, theater, musical performance, or | ||
place of public entertainment or amusement of any kind for a | ||
price in excess of the printed box office ticket price by a | ||
reseller engaged in interstate or intrastate commerce on an | ||
Internet auction listing service duly registered with the | ||
Department of Financial and Professional Regulation under the | ||
Auction License Act and with the Office of the Secretary of | ||
State on a registration form provided by that Office. This | ||
subsection (c) applies to both sales through an online bid | ||
submission process and sales at a fixed price on the same | ||
website or interactive computer service as an Internet auction | ||
listing service registered with the Department of Financial and | ||
Professional Regulation . | ||
This subsection (c) applies to resales described in this | ||
subsection only if the operator of the Internet auction listing | ||
service meets the following requirements: | ||
(1) the operator maintains a listing of the names and | ||
addresses of its corporate officers; | ||
(2) the operator is in compliance with all applicable | ||
federal, State, and local laws relating to ticket selling | ||
activities, and the operator's officers and directors have | ||
not been convicted of a violation of this Act within the | ||
preceding 12 months;
| ||
(3) the operator maintains, either itself or through an | ||
affiliate, a toll free number dedicated for consumer |
complaints; | ||
(4) the operator provides consumer protections that | ||
include at a minimum: | ||
(A) consumer protection guidelines; | ||
(B) a standard refund policy that guarantees to all | ||
purchasers that it will provide and in
fact provides a | ||
full refund of the amount paid by the purchaser | ||
(including, but not limited to, all fees, regardless of | ||
how characterized) if the following occurs: | ||
(i) the ticketed event is cancelled and the | ||
purchaser returns the tickets to the seller or | ||
Internet auction listing service; however, | ||
reasonable delivery fees need not be refunded if | ||
the previously disclosed guarantee specifies that | ||
the fees will not be refunded if the event is | ||
cancelled; | ||
(ii) the ticket received by the purchaser does | ||
not allow the purchaser to enter the ticketed event | ||
for reasons that may include, without limitation, | ||
that the ticket is counterfeit or that the ticket | ||
has been cancelled by the issuer due to | ||
non-payment, unless the ticket is cancelled due to | ||
an act or omission by such purchaser; | ||
(iii) the ticket fails to conform to its | ||
description on the Internet auction listing | ||
service; or |
(iv) the ticket seller willfully fails to send | ||
the ticket or tickets to the purchaser, or the | ||
ticket seller attempted to deliver the ticket or | ||
tickets to the purchaser in the manner required by | ||
the Internet auction listing service and the | ||
purchaser failed to receive the ticket or tickets; | ||
and
| ||
(C) standards of professional conduct;
| ||
(5) the operator has adopted an independent and | ||
disinterested dispute resolution procedure that allows | ||
resellers or purchasers to file complaints against the | ||
other and have those complaints mediated or resolved by a | ||
third party, and requires the resellers or purchasers to | ||
submit to the jurisdiction of the State of Illinois for | ||
complaints involving a ticketed event held in Illinois; | ||
(6) the operator either: | ||
(A) complies with all applicable requirements of | ||
the Retailers' Occupation Tax Act and collects and | ||
remits all applicable federal, State, and local taxes; | ||
or
| ||
(B) publishes a written notice on the website after | ||
the sale of one or more tickets that automatically | ||
informs the ticket reseller of the ticket reseller's | ||
potential legal obligation to pay any applicable local | ||
amusement tax in connection with the reseller's sale of | ||
tickets, and discloses to law enforcement or other |
government tax officials, without subpoena, the name, | ||
city, state, telephone number, e-mail address, user ID | ||
history, fraud complaints, and bidding and listing | ||
history of any specifically identified reseller or | ||
purchaser upon the receipt of a verified request from | ||
law enforcement or other government tax officials | ||
relating to a criminal investigation or alleged | ||
illegal activity; and
| ||
(7) the operator either: | ||
(A) has established and maintains a consumer | ||
protection rebate fund in Illinois in an amount in | ||
excess of $100,000, which must be cash available for | ||
immediate disbursement for satisfaction of valid | ||
consumer complaints; or | ||
(B) has obtained and maintains in force an errors | ||
and omissions insurance policy that provides at least | ||
$100,000 in coverage and proof that the policy has been | ||
filed with the Department of Financial and | ||
Professional Regulation .
| ||
(d) This Act does not apply to the resale of tickets of | ||
admission to a sporting event, theater, musical performance, or | ||
place of public entertainment or amusement of any kind for a | ||
price in excess of the printed box office ticket price | ||
conducted at an auction solely by or for a not-for-profit | ||
organization for charitable purposes under clause (a)(1) of | ||
Section 10-1 of the Auction License Act. |
(e) This Act does not apply to the resale of a ticket for | ||
admission to a baseball game, football game, hockey game, | ||
theatre entertainment, or any other amusement for a price more | ||
than the price printed on the face of the ticket and for more | ||
than the price of the ticket at the box office if the resale is | ||
made through an Internet website whose operator meets the | ||
following requirements: | ||
(1) the operator has a business presence and physical | ||
street address in the State of Illinois and clearly and | ||
conspicuously posts that address on the website; | ||
(2) the operator maintains a listing of the names of | ||
the operator's directors and officers, and is duly | ||
registered with the Office of the Secretary of State on a | ||
registration form provided by that Office;
| ||
(3) the operator is in compliance with all applicable | ||
federal, State, and local laws relating to its ticket | ||
reselling activities regulated under this Act, and the | ||
operator's officers and directors have not been convicted | ||
of a violation of this Act within the preceding 12 months;
| ||
(4) the operator maintains a toll free number | ||
specifically dedicated for consumer complaints and | ||
inquiries regarding ticket resales made through the | ||
website; | ||
(5) the operator either: | ||
(A) has established and maintains a consumer | ||
protection rebate fund in Illinois in an amount in |
excess of $100,000, which must be cash available for | ||
immediate disbursement for satisfaction of valid | ||
consumer complaints; or | ||
(B) has obtained and maintains in force an errors | ||
and omissions policy of insurance in the minimum amount | ||
of $100,000 for the satisfaction of valid consumer | ||
complaints; | ||
(6) the operator has adopted an independent and | ||
disinterested dispute resolution procedure that allows | ||
resellers or purchasers to file complaints against the | ||
other and have those complaints mediated or resolved by a | ||
third party, and requires the resellers or purchasers to | ||
submit to the jurisdiction of the State of Illinois for | ||
complaints involving a ticketed event held in Illinois; | ||
(7) the operator either: | ||
(A) complies with all applicable requirements of | ||
the Retailers' Occupation Tax Act and collects and | ||
remits all applicable federal, State, and local taxes; | ||
or | ||
(B) publishes a written notice on the website after | ||
the sale of one or more tickets that automatically | ||
informs the ticket reseller of the ticket reseller's | ||
potential legal obligation to pay any applicable local | ||
amusement tax in connection with the reseller's sale of | ||
tickets, and discloses to law enforcement or other | ||
government tax officials, without subpoena, the name, |
city, state, telephone number, e-mail address, user ID | ||
history, fraud complaints, and bidding and listing | ||
history of any specifically identified reseller or | ||
purchaser upon the receipt of a verified request from | ||
law enforcement or other government tax officials | ||
relating to a criminal investigation or alleged | ||
illegal activity; and
| ||
(8) the operator guarantees to all purchasers that it | ||
will provide and in fact provides a full refund of the | ||
amount paid by the purchaser (including, but not limited | ||
to, all fees, regardless of how characterized) if any of | ||
the following occurs: | ||
(A) the ticketed event is cancelled and the | ||
purchaser returns the tickets to the website operator; | ||
however, reasonable delivery fees need not be refunded | ||
if the previously disclosed guarantee specifies that | ||
the fees will not be refunded if the event is | ||
cancelled; | ||
(B) the ticket received by the purchaser does not | ||
allow the purchaser to enter the ticketed event for | ||
reasons that may include, without limitation, that the | ||
ticket is counterfeit or that the ticket has been | ||
cancelled by the issuer due to non-payment, unless the | ||
ticket is cancelled due to an act or omission by the | ||
purchaser; | ||
(C) the ticket fails to conform to its description |
on the website; or | ||
(D) the ticket seller willfully fails to send the | ||
ticket or tickets to the purchaser, or the ticket | ||
seller attempted to deliver the ticket or tickets to | ||
the purchaser in the manner required by the website | ||
operator and the purchaser failed to receive the ticket | ||
or tickets.
| ||
Nothing in this subsection (e) shall be deemed to imply any | ||
limitation on ticket sales made in accordance with subsections | ||
(b), (c), and (d) of this Section or any limitation on sales | ||
made in accordance with Section 4.
| ||
(f) The provisions of subsections (b), (c), (d), and (e) of
| ||
this Section apply only to the resale of a ticket after the | ||
initial sale of that ticket.
No reseller of a ticket may refuse | ||
to sell tickets to another ticket reseller solely on the basis | ||
that the purchaser is a ticket reseller or ticket broker | ||
authorized to resell tickets pursuant to this Act.
| ||
(f-5) In addition to the requirements imposed under | ||
subsections (b), (c), (d), (e), and (f) of this Section, ticket | ||
brokers and resellers must comply with the requirements of this | ||
subsection. Before accepting any payment from a purchaser, a | ||
ticket broker or reseller must disclose to the purchaser in a | ||
clear, conspicuous, and readily noticeable manner the | ||
following information: | ||
(1) the registered name and city of the event venue; | ||
(2) that the ticket broker or reseller is not the event |
venue box office or its licensed ticket agent, but is, | ||
instead, a ticket broker or reseller and that lost or | ||
stolen tickets may be reissued only by ticket brokers or | ||
resellers; | ||
(3) whether it is registered under this Act; and | ||
(4) its refund policy, name, and contact information. | ||
Before selling and accepting payment for a ticket, a ticket | ||
broker or reseller must require the purchaser to acknowledge by | ||
an affirmative act the disclosures required under this | ||
subsection. The disclosures required by this subsection must be | ||
made in a clear and conspicuous manner, appear together, and be | ||
preceded by the heading "IMPORTANT NOTICE" which must be in | ||
bold face font that is larger than the font size of the | ||
required disclosures. | ||
Ticket brokers and resellers must guarantee a full refund | ||
of the amount paid by the purchaser, including handling and | ||
delivery fees, if any of the following occurs: | ||
(1) the ticket received by the purchaser does not grant | ||
the purchaser admission to the event described on the | ||
ticket, unless it is due to an act or omission by the | ||
purchaser; | ||
(2) the ticket fails to conform substantially to its | ||
description as advertised; or | ||
(3) the event for which the ticket has been resold is | ||
cancelled and not rescheduled. | ||
This subsection (f-5) does not apply to an Internet auction |
listing service registered with the Department of Financial and | ||
Professional Regulation as required under the Auction License | ||
Act . | ||
(g) The provisions of Public Act 89-406 are severable under | ||
Section
1.31 of the Statute on Statutes. | ||
(h) The provisions of this amendatory Act of the 94th | ||
General Assembly are severable under Section
1.31 of the | ||
Statute on Statutes.
| ||
(Source: P.A. 99-431, eff. 1-1-16 .)
| ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law.
|