|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning professional regulation.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Real Estate License Act of 2000 is amended | |||||||||||||||||||
5 | by changing Section 5-20 as follows:
| |||||||||||||||||||
6 | (225 ILCS 454/5-20)
| |||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2010)
| |||||||||||||||||||
8 | Sec. 5-20. Exemptions from broker, salesperson, or leasing | |||||||||||||||||||
9 | agent license
requirement. The requirement for holding a | |||||||||||||||||||
10 | license under this Article 5 shall
not apply to:
| |||||||||||||||||||
11 | (1) Any person, partnership, or corporation that as owner | |||||||||||||||||||
12 | or lessor performs
any of the acts described in the definition | |||||||||||||||||||
13 | of "broker" under Section 1-10 of
this Act with reference to | |||||||||||||||||||
14 | property owned or leased by it, or to the regular
employees | |||||||||||||||||||
15 | thereof with respect to the property so owned or leased, where | |||||||||||||||||||
16 | such
acts are performed in the regular course of or as an | |||||||||||||||||||
17 | incident to the
management, sale, or other disposition of such | |||||||||||||||||||
18 | property and the investment
therein, provided that such regular | |||||||||||||||||||
19 | employees do not perform any of the acts
described in the | |||||||||||||||||||
20 | definition of "broker" under Section 1-10 of this Act in
| |||||||||||||||||||
21 | connection with a vocation of selling or leasing any real | |||||||||||||||||||
22 | estate or the
improvements thereon not so owned or leased.
| |||||||||||||||||||
23 | For the purposes of this paragraph (1), "regular employee" | |||||||||||||||||||
24 | means a person who works an average of 35 hours per week for | |||||||||||||||||||
25 | his or her employer, receives compensation or remuneration from | |||||||||||||||||||
26 | that employer on an hourly or salary basis, and receives no | |||||||||||||||||||
27 | more than 10% of their total compensation or remuneration from | |||||||||||||||||||
28 | that employer on a commission or bonus basis.
| |||||||||||||||||||
29 | (2) An attorney in fact acting under a duly executed and | |||||||||||||||||||
30 | recorded power of
attorney to convey real estate from the owner | |||||||||||||||||||
31 | or lessor or the services
rendered by an attorney at law in the | |||||||||||||||||||
32 | performance of the attorney's duty as an
attorney at law.
|
| |||||||
|
|||||||
1 | (3) Any person acting as receiver, trustee in bankruptcy, | ||||||
2 | administrator,
executor, or guardian or while acting under a | ||||||
3 | court order or under the
authority of a will or testamentary | ||||||
4 | trust.
| ||||||
5 | (4) Any person acting as a resident manager for the owner | ||||||
6 | or any employee
acting as the resident manager for a broker | ||||||
7 | managing an apartment building,
duplex, or apartment complex, | ||||||
8 | when the resident manager resides on the
premises, the premises | ||||||
9 | is his or her primary residence, and the resident
manager is | ||||||
10 | engaged in the leasing of the property of which he or she is | ||||||
11 | the
resident manager.
| ||||||
12 | (5) Any officer or employee of a federal agency in the | ||||||
13 | conduct of official
duties.
| ||||||
14 | (6) Any officer or employee of the State government or any | ||||||
15 | political
subdivision thereof performing official duties.
| ||||||
16 | (7) Any multiple listing service or other information | ||||||
17 | exchange that is
engaged in the collection
and dissemination of | ||||||
18 | information concerning real estate available for sale,
| ||||||
19 | purchase, lease, or
exchange along with which no other licensed | ||||||
20 | activities are provided.
| ||||||
21 | (8) Railroads and other public utilities regulated by the | ||||||
22 | State of Illinois,
or the officers or full time employees | ||||||
23 | thereof, unless the performance of any
licensed activities is | ||||||
24 | in connection with the sale, purchase, lease, or other
| ||||||
25 | disposition of real estate or investment therein not needing | ||||||
26 | the approval of
the appropriate State regulatory authority.
| ||||||
27 | (9) Any medium of advertising in the routine course of | ||||||
28 | selling or publishing
advertising along with which no other | ||||||
29 | licensed activities are provided.
| ||||||
30 | (10) Any resident lessee of a residential dwelling unit who | ||||||
31 | refers for
compensation to the owner of the dwelling unit, or | ||||||
32 | to the owner's agent,
prospective lessees of dwelling units in | ||||||
33 | the same building or complex as the
resident lessee's unit, but | ||||||
34 | only if the resident lessee (i) refers no more than
3 | ||||||
35 | prospective lessees in any 12-month period, (ii) receives | ||||||
36 | compensation of no
more than $1,000 or the equivalent of one |
| |||||||
|
|||||||
1 | month's rent, whichever is less, in
any 12-month period, and | ||||||
2 | (iii) limits his or her activities to referring
prospective | ||||||
3 | lessees to the owner, or the owner's agent, and does not show a
| ||||||
4 | residential dwelling unit to a prospective lessee, discuss | ||||||
5 | terms or conditions
of leasing a dwelling unit with a | ||||||
6 | prospective lessee, or otherwise participate
in the | ||||||
7 | negotiation of the leasing of a dwelling unit.
| ||||||
8 | (11) An exchange company registered under the Real Estate | ||||||
9 | Timeshare Act of
1999 and the regular employees of that | ||||||
10 | registered exchange company but only
when conducting an | ||||||
11 | exchange program as defined in that Act.
| ||||||
12 | (12) An existing timeshare owner who, for compensation, | ||||||
13 | refers prospective
purchasers, but only if the existing | ||||||
14 | timeshare owner (i) refers no more than 20
prospective | ||||||
15 | purchasers in any calendar year, (ii) receives no more than | ||||||
16 | $1,000,
or its equivalent, for referrals in any calendar year | ||||||
17 | and (iii) limits his or
her activities to referring prospective | ||||||
18 | purchasers of timeshare interests to
the developer or the | ||||||
19 | developer's employees or agents, and does not show,
discuss | ||||||
20 | terms or conditions of purchase or otherwise participate in
| ||||||
21 | negotiations with regard to timeshare interests.
| ||||||
22 | (13) Any person who is licensed without examination under
| ||||||
23 | Section 10-25 of the Auction License Act is exempt from holding | ||||||
24 | a broker's or
salesperson's license under this Act for the | ||||||
25 | limited purpose of selling or
leasing real estate at auction, | ||||||
26 | so long as:
| ||||||
27 | (A) that person has made application for said | ||||||
28 | exemption by July 1, 2000;
| ||||||
29 | (B) that person verifies to OBRE that he or she has | ||||||
30 | sold real estate
at auction for a period of 5 years | ||||||
31 | prior to licensure as an auctioneer;
| ||||||
32 | (C) the person has had no lapse in his or her | ||||||
33 | license as an
auctioneer; and
| ||||||
34 | (D) the license issued under the Auction License | ||||||
35 | Act has not been
disciplined for violation of those | ||||||
36 | provisions of Article 20 of the Auction
License Act |
| |||||||
|
|||||||
1 | dealing with or related to the sale or lease of real | ||||||
2 | estate at
auction.
| ||||||
3 | (14) A hotel operator who is registered with the Illinois | ||||||
4 | Department of
Revenue and pays taxes under the Hotel Operators' | ||||||
5 | Occupation Tax Act and rents
a room or rooms in a hotel as | ||||||
6 | defined in the Hotel Operators' Occupation Tax
Act for a period | ||||||
7 | of not more than 30 consecutive days and not more than 60 days
| ||||||
8 | in a calendar year.
| ||||||
9 | (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00; | ||||||
10 | 91-603, eff.
1-1-00; 92-16, eff. 6-28-01; 92-217, eff. 8-2-01.)
|