REAL ESTATE LICENSE-BROKER Senate SponsorsSen. William R. Haine-Pamela J. Althoff-Michael Noland-Linda Holmes, Ira I. Silverstein-Jacqueline Y. Collins and Martin A. Sandoval House Sponsors(Rep. Kevin A. McCarthy-Angelo Saviano-LaShawn K. Ford-Robert Rita-Franco Coladipietro) 12/31/2009SenatePublic Act . . . . . . . . . 96-0856 5 ILCS 80/4.205 ILCS 80/4.30 new225 ILCS 454/1-10225 ILCS 454/5-5225 ILCS 454/5-6 new225 ILCS 454/5-7 new225 ILCS 454/5-10225 ILCS 454/5-15225 ILCS 454/5-20225 ILCS 454/5-25225 ILCS 454/5-26 new225 ILCS 454/5-27 new225 ILCS 454/5-28 new225 ILCS 454/5-35225 ILCS 454/5-40225 ILCS 454/5-41 new225 ILCS 454/5-45225 ILCS 454/5-46 new225 ILCS 454/5-47 new225 ILCS 454/5-50225 ILCS 454/5-60225 ILCS 454/5-65225 ILCS 454/5-70225 ILCS 454/5-80225 ILCS 454/5-85225 ILCS 454/10-15225 ILCS 454/10-30225 ILCS 454/10-35 new225 ILCS 454/10-40 new225 ILCS 454/15-15225 ILCS 454/15-35225 ILCS 454/15-45225 ILCS 454/15-65225 ILCS 454/20-5225 ILCS 454/20-10225 ILCS 454/20-20225 ILCS 454/20-21 new225 ILCS 454/20-22 new225 ILCS 454/20-25225 ILCS 454/20-50225 ILCS 454/20-55225 ILCS 454/20-60225 ILCS 454/20-62 new225 ILCS 454/20-63 new225 ILCS 454/20-64 new225 ILCS 454/20-65225 ILCS 454/20-66 new225 ILCS 454/20-67 new225 ILCS 454/20-68 new225 ILCS 454/20-69 new225 ILCS 454/20-72 new225 ILCS 454/20-73 new225 ILCS 454/20-75225 ILCS 454/20-82 new225 ILCS 454/20-85225 ILCS 454/20-90225 ILCS 454/20-95225 ILCS 454/20-100225 ILCS 454/20-110225 ILCS 454/20-115225 ILCS 454/25-5225 ILCS 454/25-10225 ILCS 454/25-13225 ILCS 454/25-14225 ILCS 454/25-15225 ILCS 454/25-20225 ILCS 454/25-21 new225 ILCS 454/25-25225 ILCS 454/25-30225 ILCS 454/25-35225 ILCS 454/25-37225 ILCS 454/30-5225 ILCS 454/30-10225 ILCS 454/30-15225 ILCS 454/30-20225 ILCS 454/30-25225 ILCS 454/5-30 rep.225 ILCS 454/5-55 rep.225 ILCS 454/20-30 rep.225 ILCS 454/20-35 rep.225 ILCS 454/20-40 rep.225 ILCS 454/20-45 rep.225 ILCS 454/20-80 rep.225 ILCS 454/20-120 rep.225 ILCS 454/30-30 rep.Amends the Real Estate License Act of 2000. Changes references to (1) the Commissioner of Banks and Real Estate to the Secretary of the Department of Financial and Professional Regulation and (2) the Office of Banks and Real Estate to the Department of Financial and Professional Regulation. Changes provisions concerning the application process for a leasing agent license. Requires a managing broker to be licensed by the Department. Specifies the requirements for an applicant to be licensed as (1) a salesperson, (2) a broker, and (3) a managing broker. Changes provisions concerning the examination of certain applicants. Adds provisions concerning the transition (1) from a salesperson's license to a broker's license and (2) to a managing broker's license. Changes provisions concerning continuing education requirements for specified licensees. Adds provisions concerning advertising by licensees. Adds provisions concerning the duties of licensees representing clients. Changes provisions concerning the disclosure of a licensee acting as an agent for a consumer. Amends the Regulatory Sunset Act to change the repeal date of the Act from January 1, 2010 to January 1, 2020. Makes other changes. Effective December 31, 2009.Senate Floor Amendment No. 2 Makes changes in Sections concerning definitions, exemptions, good moral character, the transition from a salesperson's license to a broker's license, the transition to a managing broker's license, offices, reciprocity, continuing education requirements, compensation to unlicensed persons, agency relationship disclosure, unlicensed practice, grounds for discipline, cease and desist orders, returned checks, investigations, rehearings by the Real Estate Administration and Disciplinary Board, the appointment of a hearing officer, fines and penalties, the Real Estate Recovery Fund, the Real Estate Administration and Disciplinary Board duties, Department staff, peer review advisors, the Real Estate License Administration Fund, the Real Estate Recovery Fund, and the licensing of continuing education instructors. In a provision concerning exemptions, increases the total amount that a resident lessee can receive as compensation for a referral within a 12-month period to $1,500 (instead of $1,000). Provides that the Department shall establish and maintain a register of all persons currently licensed by the State and shall issue and prescribe a form of pocket card. Provides that 5 Board members shall constitute a quorum and that a quorum is required for all Board decisions. Provides that the Department shall employ at minimum one investigator per 10,000 licenses (instead of 5,000) and one prosecutor per 20,000 licensees (instead of 10,000). Provides that 3 Advisory Council members shall constitute a quorum and that a quorum is required for all Advisory Council decisions. Makes other changes.House Committee Amendment No. 1 Adds reference to:65 ILCS 5/11-20-7from Ch. 24, par. 11-20-765 ILCS 5/11-20-8from Ch. 24, par. 11-20-865 ILCS 5/11-20-12from Ch. 24, par. 11-20-1265 ILCS 5/11-20-13from Ch. 24, par. 11-20-1365 ILCS 5/11-20-1565 ILCS 5/11-20-15.1 new65 ILCS 5/11-31-1.01 new205 ILCS 5/5cfrom Ch. 17, par. 312.2735 ILCS 5/15-1503from Ch. 110, par. 15-1503735 ILCS 5/15-1508from Ch. 110, par. 15-1508765 ILCS 77/70Replaces everything after the enacting clause. Amends the Real Estate License Act of 2000. Replaces references to the Commissioner of Banks and Real Estate with references to the Secretary of the Department of Financial and Professional Regulation. Replaces references to the Office of Banks and Real Estate with references to the Department of Financial and Professional Regulation. Changes provisions concerning the application process for a leasing agent license. Requires a managing broker to be licensed by the Department. Specifies the requirements for an applicant to be licensed as a salesperson, a broker, and a managing broker. Changes provisions concerning the examination of certain applicants. Adds provisions concerning the transition (1) from a salesperson to a broker license and (2) to a managing broker license. Changes provisions concerning continuing education requirements for specified licensees. Adds provisions concerning advertising by licensees. Adds provisions concerning the duties of licensees representing clients. Changes provisions concerning the disclosure of a licensee acting as an agent for a consumer. Amends the Regulatory Sunset Act to change the repeal date of the Act from January 1, 2010 to January 1, 2020. Makes changes concerning definitions, exemptions, good moral character, the transition from a salesperson's license to a broker's license, the transition to a managing broker's license, offices, reciprocity, continuing education requirements, compensation to unlicensed persons, agency relationship disclosure, unlicensed practice, grounds for discipline, cease and desist orders, returned checks, investigations, rehearings by the Real Estate Administration and Disciplinary Board, the appointment of a hearing officer, fines and penalties, the Real Estate Recovery Fund, the Real Estate Administration and Disciplinary Board duties, Department staff, peer review advisors, the Real Estate License Administration Fund, the Real Estate Recovery Fund, and the licensing of continuing education instructors. Makes other changes. Amends the Illinois Municipal Code. Changes provisions regarding cutting and removal of neglected weeds, grass, trees, and bushes, pest extermination, removal of infected trees, removal of garbage, debris, and graffiti, and liens for removal costs; adds provisions regarding liens for the costs of removal, securing, and enclosing on abandoned residential property and Securing or enclosing abandoned residential property; and makes other changes. Amends the Illinois Banking Act. Provides that in no event shall the total amount of specified stock held by a bank in such bank or holding company exceed 10% of its capital and surplus and in no event shall a bank acquire more than 15% (rather than 5%) of any class of voting securities of such bank or company. Amends the Residential Real Property Disclosure Act. Provides that a predatory lending database program shall be established within Cook, Kane, and Will counties (instead of Cook County). Provides that the inception date of the program as it applies to Kane and Will counties shall be July 1, 2010. Makes other changes. Effective immediately, except specified provisions have later effective dates.House Floor Amendment No. 2 Further amends the Illinois Municipal Code. Inserts a provision that allows municipalities, until certain conditions take place, to obtain a lien for certain costs associated with the removal of abandoned residential properties. Makes a technical change concerning the date upon which Public Act 96-462 took effect. 2/20/2009SenateFiled with Secretary by Sen. William R. Haine 2/20/2009SenateFirst Reading 2/20/2009SenateReferred to Assignments 3/4/2009SenateAssigned to Licensed Activities 3/6/2009SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff 3/10/2009SenateAdded as Chief Co-Sponsor Sen. Michael Noland 3/11/2009SenateAdded as Co-Sponsor Sen. Linda Holmes 3/11/2009SenateSponsor Removed Sen. Linda Holmes 3/12/2009SenateDo Pass Licensed Activities; 007-000-000 3/12/2009SenatePlaced on Calendar Order of 2nd Reading March 17, 2009 3/24/2009SenateSecond Reading 3/24/2009SenatePlaced on Calendar Order of 3rd Reading March 25, 2009 3/25/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. William R. Haine 3/25/2009SenateSenate Floor Amendment No. 1 Referred to Assignments 3/25/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine 3/25/2009SenateSenate Floor Amendment No. 2 Referred to Assignments 3/26/2009SenateAdded as Chief Co-Sponsor Sen. Linda Holmes 3/30/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Licensed Activities 3/30/2009SenateSenate Floor Amendment No. 2 Assignments Refers to Licensed Activities 3/31/2009SenateSenate Floor Amendment No. 1 Held in Licensed Activities 3/31/2009SenateSenate Floor Amendment No. 2 Recommend Do Adopt Licensed Activities; 008-000-000 4/1/2009SenateRecalled to Second Reading 4/1/2009SenateSenate Floor Amendment No. 2 Adopted; Haine 4/1/2009SenatePlaced on Calendar Order of 3rd Reading April 2, 2009 4/1/2009SenatePlaced on Calendar Order of 3rd Reading ** April 2, 2009 4/2/2009SenateAdded as Co-Sponsor Sen. Ira I. Silverstein 4/2/2009SenateThird Reading - Passed; 059-000-000 4/2/2009SenateSenate Floor Amendment No. 1 Tabled Pursuant to Rule 5-4(a) 4/6/2009HouseArrived in House 4/6/2009HousePlaced on Calendar Order of First Reading 4/6/2009HouseChief House Sponsor Rep. Kevin A. McCarthy 4/8/2009HouseFirst Reading 4/8/2009HouseReferred to Rules Committee 4/20/2009HouseAssigned to Executive Committee 5/8/2009HouseCommittee/Final Action Deadline Extended-9(b) May 22, 2009 5/22/2009HouseFinal Action Deadline Extended-9(b) May 29, 2009 5/29/2009HouseFinal Action Deadline Extended-9(b) May 31, 2009 5/31/2009HouseRule 19(a) / Re-referred to Rules Committee 10/8/2009HouseFinal Action Deadline Extended-9(b) November 30, 2009 10/8/2009HouseAssigned to Executive Committee 10/14/2009HouseHouse Committee Amendment No. 1 Filed with Clerk by Executive Committee 10/14/2009HouseHouse Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote 10/14/2009HouseDo Pass as Amended / Short Debate Executive Committee; 008-000-001 10/14/2009HousePlaced on Calendar 2nd Reading - Short Debate 10/14/2009SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins 10/14/2009HouseSecond Reading - Short Debate 10/14/2009HouseHeld on Calendar Order of Second Reading - Short Debate 10/15/2009HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kevin A. McCarthy 10/15/2009HouseHouse Floor Amendment No. 2 Referred to Rules Committee 10/15/2009HouseAdded Alternate Chief Co-Sponsor Rep. Angelo Saviano 10/15/2009HouseAdded Alternate Chief Co-Sponsor Rep. LaShawn K. Ford 10/15/2009HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000 10/15/2009HouseAdded Alternate Chief Co-Sponsor Rep. Robert Rita 10/15/2009HouseAdded Alternate Chief Co-Sponsor Rep. Franco Coladipietro 10/15/2009HouseHouse Floor Amendment No. 2 Adopted by Voice Vote 10/15/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate 10/15/2009HouseThird Reading - Short Debate - Passed 080-031-004 10/15/2009SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2 10/15/2009SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - October 16, 2009 10/16/2009SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. William R. Haine 10/16/2009SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments 10/16/2009SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. William R. Haine 10/16/2009SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments 10/22/2009SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Licensed Activities 10/22/2009SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Licensed Activities 10/28/2009SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 10/28/2009SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Licensed Activities; 009-000-000 10/28/2009SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Licensed Activities; 009-000-000 10/29/2009SenateHouse Committee Amendment No. 1 Senate Concurs 053-002-003 10/29/2009SenateHouse Floor Amendment No. 2 Senate Concurs 053-002-003 10/29/2009SenatePassed Both Houses 11/25/2009SenateSent to the Governor 12/31/2009SenateGovernor Approved 12/31/2009SenateEffective Date December 31, 2009; Generally 12/31/2009SenateEffective Date March 1, 2010; Some Parts 12/31/2009SenatePublic Act . . . . . . . . . 96-0856