Bill Status of HB 5359   97th General Assembly

Short Description:  REAL ESTATE ACT-LEGAL ACTIONS

House Sponsors
Rep. Robert Rita-Angelo Saviano

Senate Sponsors
(Sen. William R. Haine)


Last Action  View All Actions

DateChamber Action
  8/17/2012HousePublic Act . . . . . . . . . 97-1002

Statutes Amended In Order of Appearance
225 ILCS 454/5-70
225 ILCS 454/10-30
225 ILCS 454/20-20
225 ILCS 454/20-78 new
225 ILCS 454/20-90
225 ILCS 454/20-95
225 ILCS 454/20-115

Synopsis As Introduced
Amends the Real Estate License Act of 2000. Creates a provision concerning the confidentiality of all information collected by the Department in the course of an examination or investigation of a licensee or applicant. Removes language that provides that when any aggrieved party commences action for a judgment that may result in collection from the Real Estate Recovery Fund, the aggrieved person must notify the Department of Financial and Professional Regulation in writing to this effect within 7 days of the commencement of the action. Provides that an aggrieved party, in an action that may result in a judgment that may result in the collection from the Real Estate Recovery Fund, shall give written notice to the Department within 30 days after entry of the judgment and provide the Department with copies of the pleadings upon which the default judgment was entered and of the default judgment order. Provides that the Department shall file a written response with the court stating that the Department has no objection to a claim on the Real Estate Recovery Fund by the aggrieved party or that the Department objects to such claim stating the basis for such objection. Provides that there is no limitation as to when an action against a person for violating the terms of the Act or its rules may be taken by the Department if it is alleged that an initial application for licensure contains false or misleading information. Also makes changes in provisions concerning continuing education requirements; managing brokers, brokers, or salespersons; advertising; grounds for discipline; and power of the Department to defend. Effective immediately.

Senate Committee Amendment No. 1
Adds reference to:
225 ILCS 454/20-85

Replaces everything after the enacting clause. Reinserts the introduced bill with changes. Further amends the Real Estate License Act of 2000. Provides that a person may recover from the Real Estate Recovery Fund by a post-judgment order (instead of a court order) of the circuit court of the county where the violation occurred. Makes changes to the provisions concerning grounds for discipline; confidentiality; collection from the Real Estate Recovery Fund; and the power of the Department of Financial and Professional Regulation to defend an action. Effective immediately.

Actions 
DateChamber Action
  2/8/2012HouseFiled with the Clerk by Rep. Robert Rita
  2/15/2012HouseFirst Reading
  2/15/2012HouseReferred to Rules Committee
  2/27/2012HouseAssigned to Business & Occupational Licenses Committee
  3/6/2012HouseAdded Chief Co-Sponsor Rep. Angelo Saviano
  3/7/2012HouseDo Pass / Short Debate Business & Occupational Licenses Committee; 011-000-000
  3/9/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/21/2012HouseSecond Reading - Short Debate
  3/21/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/22/2012HouseThird Reading - Short Debate - Passed 109-000-000
  3/22/2012SenateArrive in Senate
  3/22/2012SenatePlaced on Calendar Order of First Reading March 23, 2012
  3/23/2012SenateChief Senate Sponsor Sen. William R. Haine
  3/23/2012SenateFirst Reading
  3/23/2012SenateReferred to Assignments
  4/11/2012SenateAssigned to Licensed Activities
  4/17/2012SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  4/17/2012SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/18/2012SenateSenate Committee Amendment No. 1 Assignments Refers to Licensed Activities
  4/18/2012SenateSenate Committee Amendment No. 1 Adopted
  4/18/2012SenateDo Pass as Amended Licensed Activities; 008-000-000
  4/18/2012SenatePlaced on Calendar Order of 2nd Reading April 19, 2012
  5/2/2012SenateSecond Reading
  5/2/2012SenatePlaced on Calendar Order of 3rd Reading May 3, 2012
  5/22/2012SenateThird Reading - Passed; 057-000-000
  5/22/2012HouseArrived in House
  5/22/2012HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/28/2012HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Robert Rita
  5/28/2012HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/29/2012HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 004-000-000
  5/30/2012HouseSenate Committee Amendment No. 1 House Concurs 115-000-000
  5/30/2012HousePassed Both Houses
  6/28/2012HouseSent to the Governor
  8/17/2012HouseGovernor Approved
  8/17/2012HouseEffective Date August 17, 2012
  8/17/2012HousePublic Act . . . . . . . . . 97-1002

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