State of Illinois
2019 and 2020


Introduced 2/3/2020, by Rep. Marcus C. Evans, Jr.


30 ILCS 105/5.557
225 ILCS 454/1-10
225 ILCS 454/5-10
225 ILCS 454/5-50
225 ILCS 454/5-70
225 ILCS 454/15-35
225 ILCS 454/15-45
225 ILCS 454/20-20
225 ILCS 454/20-20.1
225 ILCS 454/20-110
225 ILCS 454/25-10
225 ILCS 454/25-38 new
225 ILCS 454/30-15
225 ILCS 454/30-25
225 ILCS 454/25-21 rep.
225 ILCS 456/Act rep.

    Amends the Real Estate License Act of 2000. Makes changes in provisions concerning definitions; the expiration and renewal of a managing broker, broker, or residential leasing agent license; continuing education requirements; sponsoring brokers; agency relationship disclosure; dual agency; grounds for discipline; citations; licensing of education providers; approval of courses; and the Real Estate Administration and Disciplinary Board. Provides that on January 1, 2021, or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the Real Estate Audit Fund into the Real Estate License Administration Fund. Amends the State Finance Act to repeal provisions creating the Real Estate Audit Fund as a special fund in the State Treasury. Repeals the Real Estate Regulation Transfer Act. Effective immediately.

LRB101 19926 SPS 69449 b





HB4452LRB101 19926 SPS 69449 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Finance Act is amended by changing
5Section 5.557 as follows:
6    (30 ILCS 105/5.557)
7    Sec. 5.557. The Real Estate Audit Fund. This Section is
8repealed on July 1, 2021.
9(Source: P.A. 92-217, eff. 8-2-01; 92-651, eff. 7-11-02.)
10    Section 10. The Real Estate License Act of 2000 is amended
11by changing Sections 1-10, 5-10, 5-50, 5-70, 15-35, 15-45
1220-20, 20-20.1, 20-110, 25-10, 30-15, and 30-25 and by adding
13Section 25-38 as follows:
14    (225 ILCS 454/1-10)
15    (Section scheduled to be repealed on January 1, 2030)
16    Sec. 1-10. Definitions. In this Act, unless the context
17otherwise requires:
18    "Act" means the Real Estate License Act of 2000.
19    "Address of record" means the designated address recorded
20by the Department in the applicant's or licensee's application
21file or license file as maintained by the Department.



HB4452- 2 -LRB101 19926 SPS 69449 b

1    "Agency" means a relationship in which a broker or
2licensee, whether directly or through an affiliated licensee,
3represents a consumer by the consumer's consent, whether
4express or implied, in a real property transaction.
5    "Applicant" means any person, as defined in this Section,
6who applies to the Department for a valid license as a managing
7broker, broker, or residential leasing agent.
8    "Blind advertisement" means any real estate advertisement
9that is used by a licensee regarding the sale or lease of real
10estate, licensed activities, or the hiring of any licensee
11under this Act that does not include the sponsoring broker's
12complete business name or, in the case of electronic
13advertisements, does not provide a direct link to a display
14with all the required disclosures. The broker's business name
15in the case of a franchise shall include the franchise
16affiliation as well as the name of the individual firm.
17    "Board" means the Real Estate Administration and
18Disciplinary Board of the Department as created by Section
1925-10 of this Act.
20    "Broker" means an individual, entity, corporation, foreign
21or domestic partnership, limited liability company, registered
22limited liability partnership, or other business entity other
23than a residential leasing agent who, whether in person or
24through any media or technology, for another and for
25compensation, or with the intention or expectation of receiving
26compensation, either directly or indirectly:



HB4452- 3 -LRB101 19926 SPS 69449 b

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



HB4452- 4 -LRB101 19926 SPS 69449 b

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



HB4452- 5 -LRB101 19926 SPS 69449 b

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



HB4452- 6 -LRB101 19926 SPS 69449 b

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



HB4452- 7 -LRB101 19926 SPS 69449 b

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



HB4452- 8 -LRB101 19926 SPS 69449 b

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



HB4452- 9 -LRB101 19926 SPS 69449 b

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



HB4452- 10 -LRB101 19926 SPS 69449 b

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



HB4452- 11 -LRB101 19926 SPS 69449 b

1    "Medium of advertising" means any method of communication
2intended to influence the general public to use or purchase a
3particular good or service or real estate, including, but not
4limited to, print, electronic, social media, and digital
6    "Office" means a broker's place of business where the
7general public is invited to transact business and where
8records may be maintained and licenses readily available
9displayed, whether or not it is the broker's principal place of
11    "Person" means and includes individuals, entities,
12corporations, limited liability companies, registered limited
13liability partnerships, foreign and domestic partnerships, and
14other business entities, except that when the context otherwise
15requires, the term may refer to a single individual or other
16described entity.
17    "Proctor" means any person, including, but not limited to,
18an instructor, who has a written agreement to administer
19examinations fairly and impartially with a licensed education
21    "Real estate" means and includes leaseholds as well as any
22other interest or estate in land, whether corporeal,
23incorporeal, freehold, or non-freehold and whether the real
24estate is situated in this State or elsewhere. "Real estate"
25does not include property sold, exchanged, or leased as a
26timeshare or similar vacation item or interest, vacation club



HB4452- 12 -LRB101 19926 SPS 69449 b

1membership, or other activity formerly regulated under the Real
2Estate Timeshare Act of 1999 (repealed).
3    "Regular employee" means a person working an average of 20
4hours per week for a person or entity who would be considered
5as an employee under the Internal Revenue Service rules for
6classifying workers.
7    "Renewal period" means the period beginning 90 days prior
8to the expiration date of a license.
9    "Residential leasing agent" means a person who is employed
10by a broker to engage in licensed activities limited to leasing
11residential real estate who has obtained a license as provided
12for in Section 5-5 of this Act.
13    "Secretary" means the Secretary of the Department of
14Financial and Professional Regulation, or a person authorized
15by the Secretary to act in the Secretary's stead.
16    "Sponsoring broker" means the broker who certifies to the
17Department his, her, or its sponsorship of a licensed managing
18broker, broker, or a residential leasing agent.
19    "Sponsorship" means that a sponsoring broker has certified
20to the Department that a managing broker, broker, or
21residential leasing agent named thereon is employed by or
22associated by written agreement with the sponsoring broker and
23the Department has registered the sponsorship, as provided for
24in Section 5-40 of this Act.
25    "Team" means any 2 or more licensees who work together to
26provide real estate brokerage services, represent themselves



HB4452- 13 -LRB101 19926 SPS 69449 b

1to the public as being part of a team or group, are identified
2by a team name that is different than their sponsoring broker's
3name, and together are supervised by the same managing broker
4and sponsored by the same sponsoring broker. "Team" does not
5mean a separately organized, incorporated, or legal entity.
6(Source: P.A. 100-188, eff. 1-1-18; 100-534, eff. 9-22-17;
7100-831, eff. 1-1-19; 100-863, eff. 8-14-18; 101-357, eff.
9    (225 ILCS 454/5-10)
10    (Section scheduled to be repealed on January 1, 2030)
11    Sec. 5-10. Requirements for license as a residential
12leasing agent; continuing education.
13    (a) Every applicant for licensure as a residential leasing
14agent must meet the following qualifications:
15        (1) be at least 18 years of age;
16        (2) be of good moral character;
17        (3) successfully complete a 4-year course of study in a
18    high school or secondary school or an equivalent course of
19    study approved by the state in which the school is located,
20    or possess a high school equivalency certificate, which
21    shall be verified under oath by the applicant;
22        (4) personally take and pass a written examination
23    authorized by the Department sufficient to demonstrate the
24    applicant's knowledge of the provisions of this Act
25    relating to residential leasing agents and the applicant's



HB4452- 14 -LRB101 19926 SPS 69449 b

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



HB4452- 15 -LRB101 19926 SPS 69449 b

1to the Department and the Department may adopt requirements for
2approved courses, course content, and the approval of courses,
3instructors, and education providers, as well as education
4provider and instructor fees. The Department may establish
5continuing education requirements for residential licensed
6leasing agents, by rule, consistent with the language and
7intent of this Act, with the advice of the Board.
8    (d) The continuing education requirement for residential
9leasing agents shall consist of a single core curriculum to be
10prescribed by the Department as recommended by the Board.
11Leasing agents shall be required to complete no less than 8
12hours of continuing education in the core curriculum during the
13term of the license for each 2-year renewal period. The
14curriculum shall, at a minimum, consist of a single course or
15courses on the subjects of fair housing and human rights issues
16related to residential leasing, advertising and marketing
17issues, leases, applications, credit reports, and criminal
18history, the handling of funds, owner-tenant relationships and
19owner-tenant laws, and environmental issues relating to
20residential real estate.
21(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
22    (225 ILCS 454/5-50)
23    (Section scheduled to be repealed on January 1, 2030)
24    Sec. 5-50. Expiration and renewal of managing broker,
25broker, or residential leasing agent license; sponsoring



HB4452- 16 -LRB101 19926 SPS 69449 b

1broker; register of licensees.
2    (a) The expiration date and renewal period for each license
3issued under this Act shall be set by rule. Except as otherwise
4provided in this Section, the holder of a license may renew the
5license within 90 days preceding the expiration date thereof by
6completing the continuing education required by this Act and
7paying the fees specified by rule.
8    (b) An individual whose first license is that of a broker
9received on or after the effective date of this amendatory Act
10of the 101st General Assembly, must provide evidence of having
11completed 45 hours of post-license education presented in a
12classroom or a live, interactive webinar, or online distance
13education course, and which shall require passage of a final
15    The Board may recommend, and the Department shall approve,
1645 hours of post-license education, consisting of three 15-hour
17post-license courses, one each that covers applied brokerage
18principles, risk management/discipline, and transactional
19issues. Each of the courses shall require its own 50-question
20final examination, which shall be administered by the education
21provider that delivers the course.
22    Individuals whose first license is that of a broker
23received on or after the effective date of this amendatory Act
24of the 101st General Assembly, must complete all three 15-hour
25courses and successfully pass a course final examination for
26each course prior to the date of the next broker renewal



HB4452- 17 -LRB101 19926 SPS 69449 b

1deadline, except for those individuals who receive their first
2license within the 180 days preceding the next broker renewal
3deadline, who must complete all three 15-hour courses and
4successfully pass a course final examination for each course
5prior to the second broker renewal deadline that follows the
6receipt of their license.
7    (c) Any managing broker, broker, or residential leasing
8agent whose license under this Act has expired shall be
9eligible to renew the license during the 2-year period
10following the expiration date, provided the managing broker,
11broker, or residential leasing agent pays the fees as
12prescribed by rule and completes continuing education and other
13requirements provided for by the Act or by rule. A managing
14broker, broker, or residential leasing agent whose license has
15been expired for more than 2 years but less than 5 years may
16have it restored by (i) applying to the Department, (ii) paying
17the required fee, (iii) completing the continuing education
18requirements for the most recent term of licensure pre-renewal
19period that ended prior to the date of the application for
20reinstatement, and (iv) filing acceptable proof of fitness to
21have his or her license restored, as set by rule. A managing
22broker, broker, or residential leasing agent whose license has
23been expired for more than 5 years shall be required to meet
24the requirements for a new license.
25    (d) Notwithstanding any other provisions of this Act to the
26contrary, any managing broker, broker, or residential leasing



HB4452- 18 -LRB101 19926 SPS 69449 b

1agent whose license expired while he or she was (i) on active
2duty with the Armed Forces of the United States or called into
3service or training by the state militia, (ii) engaged in
4training or education under the supervision of the United
5States preliminary to induction into military service, or (iii)
6serving as the Coordinator of Real Estate in the State of
7Illinois or as an employee of the Department may have his or
8her license renewed, reinstated or restored without paying any
9lapsed renewal fees if within 2 years after the termination of
10the service, training or education by furnishing the Department
11with satisfactory evidence of service, training, or education
12and it has been terminated under honorable conditions.
13    (e) Each licensee shall carry on his or her person his or
14her license or an electronic version thereof.
15    (f) The Department shall provide to the sponsoring broker a
16notice of renewal for all sponsored licensees by mailing the
17notice to the sponsoring broker's address of record, or, at the
18Department's discretion, emailing the notice to the sponsoring
19broker's email address of record.
20    (g) Upon request from the sponsoring broker, the Department
21shall make available to the sponsoring broker, by electronic
22means at the discretion of the Department, a listing of
23licensees under this Act who, according to the records of the
24Department, are sponsored by that broker. Every licensee
25associated with or employed by a broker whose license is
26revoked, suspended, or expired shall be considered inactive



HB4452- 19 -LRB101 19926 SPS 69449 b

1until such time as the sponsoring broker's license is
2reinstated or renewed, or a new valid sponsorship is registered
3with the Department the licensee changes employment as set
4forth in subsection (b) (c) of Section 5-40 of this Act.
5    (h) The Department shall not renew a license if the
6licensee has an unpaid fine from a disciplinary matter or an
7unpaid fee from a non-disciplinary action imposed by the
8Department until the fine or fee is paid to the Department or
9the licensee has entered into a payment plan and is current on
10the required payments.
11    (i) The Department shall not issue a license if the
12applicant has an unpaid fine imposed by the Department for
13unlicensed practice until the fine is paid to the Department or
14the applicant has entered into a payment plan and is current on
15the required payments.
16(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
17    (225 ILCS 454/5-70)
18    (Section scheduled to be repealed on January 1, 2030)
19    Sec. 5-70. Continuing education requirement; managing
20broker or broker.
21    (a) The requirements of this Section apply to all managing
22brokers and brokers.
23    (b) Except as otherwise provided in this Section, each
24person who applies for renewal of his or her license as a
25managing broker or broker must successfully complete 12 hours



HB4452- 20 -LRB101 19926 SPS 69449 b

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



HB4452- 21 -LRB101 19926 SPS 69449 b

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



HB4452- 22 -LRB101 19926 SPS 69449 b

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



HB4452- 23 -LRB101 19926 SPS 69449 b

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



HB4452- 24 -LRB101 19926 SPS 69449 b

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



HB4452- 25 -LRB101 19926 SPS 69449 b

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



HB4452- 26 -LRB101 19926 SPS 69449 b

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



HB4452- 27 -LRB101 19926 SPS 69449 b

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



HB4452- 28 -LRB101 19926 SPS 69449 b

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



HB4452- 29 -LRB101 19926 SPS 69449 b

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



HB4452- 30 -LRB101 19926 SPS 69449 b

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



HB4452- 31 -LRB101 19926 SPS 69449 b

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



HB4452- 32 -LRB101 19926 SPS 69449 b

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



HB4452- 33 -LRB101 19926 SPS 69449 b

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



HB4452- 34 -LRB101 19926 SPS 69449 b

1        transaction or the principal's duly authorized agent.
2    The account shall be noninterest bearing, unless the
3    character of the deposit is such that payment of interest
4    thereon is otherwise required by law or unless the
5    principals to the transaction specifically require, in
6    writing, that the deposit be placed in an interest-bearing
7    account.
8        (18) Failure to make available to the Department all
9    escrow records and related documents maintained in
10    connection with the practice of real estate within 24 hours
11    of a request for those documents by Department personnel.
12        (19) Failing to furnish copies upon request of
13    documents relating to a real estate transaction to a party
14    who has executed that document.
15        (20) Failure of a sponsoring broker or licensee to
16    timely provide sponsorship or termination of sponsorship
17    information to the Department.
18        (21) Engaging in dishonorable, unethical, or
19    unprofessional conduct of a character likely to deceive,
20    defraud, or harm the public, including, but not limited to,
21    conduct set forth in rules adopted by the Department.
22        (22) Commingling the money or property of others with
23    his or her own money or property.
24        (23) Employing any person on a purely temporary or
25    single deal basis as a means of evading the law regarding
26    payment of commission to nonlicensees on some contemplated



HB4452- 35 -LRB101 19926 SPS 69449 b

1    transactions.
2        (24) Permitting the use of his or her license as a
3    broker to enable a residential leasing agent or unlicensed
4    person to operate a real estate business without actual
5    participation therein and control thereof by the broker.
6        (25) Any other conduct, whether of the same or a
7    different character from that specified in this Section,
8    that constitutes dishonest dealing.
9        (26) Displaying a "for rent" or "for sale" sign on any
10    property without the written consent of an owner or his or
11    her duly authorized agent or advertising by any means that
12    any property is for sale or for rent without the written
13    consent of the owner or his or her authorized agent.
14        (27) Failing to provide information requested by the
15    Department, or otherwise respond to that request, within 30
16    days of the request.
17        (28) Advertising by means of a blind advertisement,
18    except as otherwise permitted in Section 10-30 of this Act.
19        (29) A licensee under this Act or an unlicensed
20    individual offering guaranteed sales plans, as defined in
21    Section 10-50, except to the extent set forth in Section
22    10-50.
23        (30) Influencing or attempting to influence, by any
24    words or acts, a prospective seller, purchaser, occupant,
25    landlord, or tenant of real estate, in connection with
26    viewing, buying, or leasing real estate, so as to promote



HB4452- 36 -LRB101 19926 SPS 69449 b

1    or tend to promote the continuance or maintenance of
2    racially and religiously segregated housing or so as to
3    retard, obstruct, or discourage racially integrated
4    housing on or in any street, block, neighborhood, or
5    community.
6        (31) Engaging in any act that constitutes a violation
7    of any provision of Article 3 of the Illinois Human Rights
8    Act, whether or not a complaint has been filed with or
9    adjudicated by the Human Rights Commission.
10        (32) Inducing any party to a contract of sale or lease
11    or brokerage agreement to break the contract of sale or
12    lease or brokerage agreement for the purpose of
13    substituting, in lieu thereof, a new contract for sale or
14    lease or brokerage agreement with a third party.
15        (33) Negotiating a sale, exchange, or lease of real
16    estate directly with any person if the licensee knows that
17    the person has an exclusive brokerage agreement with
18    another broker, unless specifically authorized by that
19    broker.
20        (34) When a licensee is also an attorney, acting as the
21    attorney for either the buyer or the seller in the same
22    transaction in which the licensee is acting or has acted as
23    a managing broker or broker.
24        (35) Advertising or offering merchandise or services
25    as free if any conditions or obligations necessary for
26    receiving the merchandise or services are not disclosed in



HB4452- 37 -LRB101 19926 SPS 69449 b

1    the same advertisement or offer. These conditions or
2    obligations include without limitation the requirement
3    that the recipient attend a promotional activity or visit a
4    real estate site. As used in this subdivision (35), "free"
5    includes terms such as "award", "prize", "no charge", "free
6    of charge", "without charge", and similar words or phrases
7    that reasonably lead a person to believe that he or she may
8    receive or has been selected to receive something of value,
9    without any conditions or obligations on the part of the
10    recipient.
11        (36) (Blank).
12        (37) Violating the terms of a disciplinary order issued
13    by the Department.
14        (38) Paying or failing to disclose compensation in
15    violation of Article 10 of this Act.
16        (39) Requiring a party to a transaction who is not a
17    client of the licensee to allow the licensee to retain a
18    portion of the escrow moneys for payment of the licensee's
19    commission or expenses as a condition for release of the
20    escrow moneys to that party.
21        (40) Disregarding or violating any provision of this
22    Act or the published rules adopted by the Department to
23    enforce this Act or aiding or abetting any individual,
24    foreign or domestic partnership, registered limited
25    liability partnership, limited liability company,
26    corporation, or other business entity in disregarding any



HB4452- 38 -LRB101 19926 SPS 69449 b

1    provision of this Act or the published rules adopted by the
2    Department to enforce this Act.
3        (41) Failing to provide the minimum services required
4    by Section 15-75 of this Act when acting under an exclusive
5    brokerage agreement.
6        (42) Habitual or excessive use of or addiction to
7    alcohol, narcotics, stimulants, or any other chemical
8    agent or drug that results in a managing broker, broker, or
9    residential leasing agent's inability to practice with
10    reasonable skill or safety.
11        (43) Enabling, aiding, or abetting an auctioneer, as
12    defined in the Auction License Act, to conduct a real
13    estate auction in a manner that is in violation of this
14    Act.
15        (44) Permitting any residential leasing agent or
16    temporary residential leasing agent permit holder to
17    engage in activities that require a broker's or managing
18    broker's license.
19        (45) Failing to notify the Department of any criminal
20    conviction that occurs during the licensee's term of
21    licensure within 30 days after the conviction.
22        (46) A designated managing broker's failure to provide
23    an appropriate written company policy or failure to perform
24    any of the duties set forth in Section 10-55.
25    (b) The Department may refuse to issue or renew or may
26suspend the license of any person who fails to file a return,



HB4452- 39 -LRB101 19926 SPS 69449 b

1pay the tax, penalty or interest shown in a filed return, or
2pay any final assessment of tax, penalty, or interest, as
3required by any tax Act administered by the Department of
4Revenue, until such time as the requirements of that tax Act
5are satisfied in accordance with subsection (g) of Section
62105-15 of the Department of Professional Regulation Law of the
7Civil Administrative Code of Illinois.
8    (c) (Blank).
9    (d) In cases where the Department of Healthcare and Family
10Services (formerly Department of Public Aid) has previously
11determined that a licensee or a potential licensee is more than
1230 days delinquent in the payment of child support and has
13subsequently certified the delinquency to the Department may
14refuse to issue or renew or may revoke or suspend that person's
15license or may take other disciplinary action against that
16person based solely upon the certification of delinquency made
17by the Department of Healthcare and Family Services in
18accordance with item (5) of subsection (a) of Section 2105-15
19of the Department of Professional Regulation Law of the Civil
20Administrative Code of Illinois.
21    (e) In enforcing this Section, the Department or Board upon
22a showing of a possible violation may compel an individual
23licensed to practice under this Act, or who has applied for
24licensure under this Act, to submit to a mental or physical
25examination, or both, as required by and at the expense of the
26Department. The Department or Board may order the examining



HB4452- 40 -LRB101 19926 SPS 69449 b

1physician to present testimony concerning the mental or
2physical examination of the licensee or applicant. No
3information shall be excluded by reason of any common law or
4statutory privilege relating to communications between the
5licensee or applicant and the examining physician. The
6examining physicians shall be specifically designated by the
7Board or Department. The individual to be examined may have, at
8his or her own expense, another physician of his or her choice
9present during all aspects of this examination. Failure of an
10individual to submit to a mental or physical examination, when
11directed, shall be grounds for suspension of his or her license
12until the individual submits to the examination if the
13Department finds, after notice and hearing, that the refusal to
14submit to the examination was without reasonable cause.
15    If the Department or Board finds an individual unable to
16practice because of the reasons set forth in this Section, the
17Department or Board may require that individual to submit to
18care, counseling, or treatment by physicians approved or
19designated by the Department or Board, as a condition, term, or
20restriction for continued, reinstated, or renewed licensure to
21practice; or, in lieu of care, counseling, or treatment, the
22Department may file, or the Board may recommend to the
23Department to file, a complaint to immediately suspend, revoke,
24or otherwise discipline the license of the individual. An
25individual whose license was granted, continued, reinstated,
26renewed, disciplined or supervised subject to such terms,



HB4452- 41 -LRB101 19926 SPS 69449 b

1conditions, or restrictions, and who fails to comply with such
2terms, conditions, or restrictions, shall be referred to the
3Secretary for a determination as to whether the individual
4shall have his or her license suspended immediately, pending a
5hearing by the Department.
6    In instances in which the Secretary immediately suspends a
7person's license under this Section, a hearing on that person's
8license must be convened by the Department within 30 days after
9the suspension and completed without appreciable delay. The
10Department and Board shall have the authority to review the
11subject individual's record of treatment and counseling
12regarding the impairment to the extent permitted by applicable
13federal statutes and regulations safeguarding the
14confidentiality of medical records.
15    An individual licensed under this Act and affected under
16this Section shall be afforded an opportunity to demonstrate to
17the Department or Board that he or she can resume practice in
18compliance with acceptable and prevailing standards under the
19provisions of his or her license.
20(Source: P.A. 100-22, eff. 1-1-18; 100-188, eff. 1-1-18;
21100-534, eff. 9-22-17; 100-831, eff. 1-1-19; 100-863, eff.
228-14-18; 100-872, eff. 8-14-18; 101-81, eff. 7-12-19; 101-357,
23eff. 8-9-19.)
24    (225 ILCS 454/20-20.1)
25    (Section scheduled to be repealed on January 1, 2030)



HB4452- 42 -LRB101 19926 SPS 69449 b

1    Sec. 20-20.1. Citations.
2    (a) The Department may adopt rules to permit the issuance
3of citations to any licensee for failure to comply with the
4continuing education requirements set forth in this Act or as
5adopted by rule. The citation shall be issued to the licensee,
6and a copy shall be sent to his or her designated managing
7broker and sponsoring broker. The citation shall contain the
8licensee's name and address, the licensee's license number, the
9number of required hours of continuing education that have not
10been successfully completed by the licensee's renewal deadline
11licensee within the renewal period, and the penalty imposed,
12which shall not exceed $2,000. The issuance of any such
13citation shall not excuse the licensee from completing all
14continuing education required for that term of licensure
15renewal period.
16    (b) Service of a citation shall be made by in person,
17electronically, or by mail to the licensee at the licensee's
18address of record or email address of record, and must clearly
19state that if the cited licensee wishes to dispute the
20citation, he or she may make a written request, within 30 days
21after the citation is served, for a hearing before the
22Department. If the cited licensee does not request a hearing
23within 30 days after the citation is served, then the citation
24shall become a final, non-disciplinary order, and any fine
25imposed is due and payable within 60 days after that final
26order. If the cited licensee requests a hearing within 30 days



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1after the citation is served, the Department shall afford the
2cited licensee a hearing conducted in the same manner as a
3hearing provided for in this Act for any violation of this Act
4and shall determine whether the cited licensee committed the
5violation as charged and whether the fine as levied is
6warranted. If the violation is found, any fine shall constitute
7non-public discipline and be due and payable within 30 days
8after the order of the Secretary, which shall constitute a
9final order of the Department. No change in license status may
10be made by the Department until such time as a final order of
11the Department has been issued.
12    (c) Payment of a fine that has been assessed pursuant to
13this Section shall not constitute disciplinary action
14reportable on the Department's website or elsewhere unless a
15licensee has previously received 2 or more citations and paid 2
16or more fines.
17    (d) Nothing in this Section shall prohibit or limit the
18Department from taking further action pursuant to this Act and
19rules for additional, repeated, or continuing violations.
20(Source: P.A. 101-357, eff. 8-9-19.)
21    (225 ILCS 454/20-110)
22    (Section scheduled to be repealed on January 1, 2030)
23    Sec. 20-110. Disciplinary actions of the Department not
24limited. Nothing contained in Sections 20-82 20-80 through
2520-100 of this Act limits the authority of the Department to



HB4452- 44 -LRB101 19926 SPS 69449 b

1take disciplinary action against any licensee for a violation
2of this Act or the rules of the Department, nor shall the
3repayment in full of all obligations to the Real Estate
4Recovery Fund by any licensee nullify or modify the effect of
5any other disciplinary proceeding brought pursuant to this Act.
6(Source: P.A. 96-856, eff. 12-31-09.)
7    (225 ILCS 454/25-10)
8    (Section scheduled to be repealed on January 1, 2030)
9    Sec. 25-10. Real Estate Administration and Disciplinary
10Board; duties. There is created the Real Estate Administration
11and Disciplinary Board. The Board shall be composed of 15
12persons appointed by the Governor. Members shall be appointed
13to the Board subject to the following conditions:
14        (1) All members shall have been residents and citizens
15    of this State for at least 6 years prior to the date of
16    appointment.
17        (2) Twelve members shall have been actively engaged as
18    managing brokers or brokers or both for at least the 10
19    years prior to the appointment, 2 of whom must possess an
20    active pre-license instructor license.
21        (3) Three members of the Board shall be public members
22    who represent consumer interests.
23    None of these members shall be (i) a person who is licensed
24under this Act or a similar Act of another jurisdiction, (ii)
25the spouse or family member of a licensee, (iii) a person who



HB4452- 45 -LRB101 19926 SPS 69449 b

1has an ownership interest in a real estate brokerage business,
2or (iv) a person the Department determines to have any other
3connection with a real estate brokerage business or a licensee.
4    The members' terms shall be for 4 years or until their
5successor is appointed and expire upon completion of the term.
6No member shall be reappointed to the Board for a term that
7would cause his or her cumulative service to the Board to
8exceed 10 years. Appointments to fill vacancies shall be for
9the unexpired portion of the term. Those members of the Board
10that satisfy the requirements of paragraph (2) shall be chosen
11in a manner such that no area of the State shall be
12unreasonably represented. In making the appointments, the
13Governor shall give due consideration to the recommendations by
14members and organizations of the profession. The Governor may
15terminate the appointment of any member for cause that in the
16opinion of the Governor reasonably justifies the termination.
17Cause for termination shall include without limitation
18misconduct, incapacity, neglect of duty, or missing 4 board
19meetings during any one calendar year. Each member of the Board
20may receive a per diem stipend in an amount to be determined by
21the Secretary. Each member shall be paid his or her necessary
22expenses while engaged in the performance of his or her duties.
23Such compensation and expenses shall be paid out of the Real
24Estate License Administration Fund. The Secretary shall
25consider the recommendations of the Board on questions
26involving standards of professional conduct, discipline,



HB4452- 46 -LRB101 19926 SPS 69449 b

1education, and policies and procedures under this Act. With
2regard to this subject matter, the Secretary may establish
3temporary or permanent committees of the Board and may consider
4the recommendations of the Board on matters that include, but
5are not limited to, criteria for the licensing and renewal of
6education providers, pre-license and continuing education
7instructors, pre-license and continuing education curricula,
8standards of educational criteria, and qualifications for
9licensure and renewal of professions, courses, and
10instructors. The Department, after notifying and considering
11the recommendations of the Board, if any, may issue rules,
12consistent with the provisions of this Act, for the
13administration and enforcement thereof and may prescribe forms
14that shall be used in connection therewith. Eight Board members
15shall constitute a quorum. A quorum is required for all Board
17    The Board shall elect annually, at its first meeting of the
18fiscal year, a vice chairperson who shall preside, with voting
19privileges, at meetings if the chairperson is not present.
20(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18;
21100-886, eff. 8-14-18.)
22    (225 ILCS 454/25-38 new)
23    Sec. 25-38. Real Estate Audit Fund. Notwithstanding any
24other provision of law, in addition to any other transfers that
25may be provided by law, on January 1, 2021, or as soon



HB4452- 47 -LRB101 19926 SPS 69449 b

1thereafter as practical, the State Comptroller shall direct and
2the State Treasurer shall transfer the remaining balance from
3the Real Estate Audit Fund into the Real Estate License
4Administration Fund. Upon completion of the transfer, the Real
5Estate Audit Fund is dissolved, and any future deposits due to
6that Fund and any outstanding obligations or liabilities of
7that Fund pass to the Real Estate License Administration Fund.
8    (225 ILCS 454/30-15)
9    (Section scheduled to be repealed on January 1, 2030)
10    Sec. 30-15. Licensing of education providers; approval of
12    (a) (Blank).
13    (b) (Blank).
14    (c) (Blank).
15    (d) (Blank).
16    (e) (Blank).
17    (f) All education providers shall submit, at the time of
18initial application and with each license renewal, a list of
19courses with course materials that comply with the course
20requirements in this Act to be offered by the education
21provider. The Department may establish an online mechanism by
22which education providers may submit for approval by the
23Department upon the recommendation of the Board or its designee
24pre-license, post-license, or continuing education courses
25that are submitted after the time of the education provider's



HB4452- 48 -LRB101 19926 SPS 69449 b

1initial license application or renewal. The Department shall
2provide to each education provider a certificate for each
3approved pre-license, post-license, or continuing education
4course. All pre-license, post-license, or continuing education
5courses shall be valid for the period coinciding with the term
6of license of the education provider. However, in no case shall
7a course continue to be valid if it does not, at all times,
8meet all of the requirements of the core curriculum established
9by this Act and the Board, as modified from time to time in
10accordance with this Act. All education providers shall provide
11a copy of the certificate of the pre-license, post-license, or
12continuing education course within the course materials given
13to each student or shall display a copy of the certificate of
14the pre-license, post-license, or continuing education course
15in a conspicuous place at the location of the class.
16    (g) Each education provider shall provide to the Department
17a report in a frequency and format determined by the
18Department, with information concerning students who
19successfully completed all approved pre-license, post-license,
20or continuing education courses offered by the education
22    (h) The Department, upon the recommendation of the Board,
23may temporarily suspend a licensed education provider's
24approved courses without hearing and refuse to accept
25successful completion of or participation in any of these
26pre-license, post-license, or continuing education courses for



HB4452- 49 -LRB101 19926 SPS 69449 b

1education credit from that education provider upon the failure
2of that education provider to comply with the provisions of
3this Act or the rules for the administration of this Act, until
4such time as the Department receives satisfactory assurance of
5compliance. The Department shall notify the education provider
6of the noncompliance and may initiate disciplinary proceedings
7pursuant to this Act. The Department may refuse to issue,
8suspend, revoke, or otherwise discipline the license of an
9education provider or may withdraw approval of a pre-license,
10post-license, or continuing education course for good cause.
11Failure to comply with the requirements of this Section or any
12other requirements established by rule shall be deemed to be
13good cause. Disciplinary proceedings shall be conducted by the
14Board in the same manner as other disciplinary proceedings
15under this Act.
16    (i) Pre-license, post-license, and continuing education
17courses, whether submitted for approval at the time of an
18education provider's initial application for licensure or
19otherwise, must meet the following minimum course
21        (1) Continuing education courses No continuing
22    education course shall be required to be at least one hour
23    taught in increments longer than 2 hours in duration. For ;
24    however, for each one hour of course time in each course,
25    there shall be a minimum of 50 minutes of instruction.
26        (2) All core curriculum courses shall be provided only



HB4452- 50 -LRB101 19926 SPS 69449 b

1    in the classroom or through a live, interactive webinar or
2    online distance education format.
3        (3) Courses provided through a live, interactive
4    webinar shall require all participants to demonstrate
5    their attendance in and attention to the course by
6    answering or responding to at least one polling question
7    per 50 minutes of course instruction.
8        (4) All participants in courses provided in an online
9    distance education format shall demonstrate proficiency
10    with the subject matter of the course through verifiable
11    responses to questions included in the course content.
12        (5) Credit for courses completed in a classroom or
13    through a live, interactive webinar or online distance
14    education format shall not require an examination.
15        (6) Credit for courses provided through
16    correspondence, or by home study, shall require the passage
17    of an in-person, proctored examination.
18    (j) The Department is authorized to engage a third party as
19the Board's designee to perform the functions specifically
20provided for in subsection (f) of this Section, namely that of
21administering the online system for receipt, review, and
22approval or denial of new courses.
23    (k) The Department may adopt any administrative rule
24consistent with the language and intent of this Act that may be
25necessary for the implementation and enforcement of this



HB4452- 51 -LRB101 19926 SPS 69449 b

1(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
2    (225 ILCS 454/30-25)
3    (Section scheduled to be repealed on January 1, 2030)
4    Sec. 30-25. Licensing of education provider instructors.
5    (a) No person shall act as either a pre-license or
6continuing education instructor without possessing a valid
7pre-license or continuing education instructor license and
8satisfying any other qualification criteria adopted by the
9Department by rule.
10    (a-5) Each person with a valid pre-license instructor
11license may teach pre-license, post-license, continuing
12education core curriculum, continuing education elective
13curriculum, or broker management education courses if they meet
14specific criteria adopted by the Department by rule. Those
15persons who have not met the criteria or who only possess a
16valid continuing education instructor license shall only teach
17continuing education elective curriculum courses. Any person
18with a valid continuing education instructor license who wishes
19to teach continuing education core curriculum or broker
20management continuing education courses must obtain a valid
21pre-license instructor license.
22    (b) Every person who desires to obtain an education
23provider instructor's license shall attend and successfully
24complete a one-day instructor development workshop, as
25approved by the Department. However, pre-license instructors



HB4452- 52 -LRB101 19926 SPS 69449 b

1who have complied with subsection (b) of this Section 30-25
2shall not be required to complete the instructor workshop in
3order to teach continuing education elective curriculum
5    (b-5) The term of licensure for a pre-license or continuing
6education instructor shall be 2 years, with renewal dates
7adopted by rule. Every person who desires to obtain a
8pre-license or continuing education instructor license shall
9make application to the Department in a manner prescribed by
10the Department, accompanied by the fee adopted by rule. In
11addition to any other information required to be contained in
12the application, every application for an original license
13shall include the applicant's Social Security number, which
14shall be retained in the agency's records pertaining to the
15license. As soon as practical, the Department shall assign a
16customer's identification number to each applicant for a
18    Every application for a renewal or restored license shall
19require the applicant's customer identification number.
20    The Department shall issue a pre-license or continuing
21education instructor license to applicants who meet
22qualification criteria established by this Act or rule.
23    (c) The Department may refuse to issue, suspend, revoke, or
24otherwise discipline a pre-license or continuing education
25instructor for good cause. Disciplinary proceedings shall be
26conducted by the Board in the same manner as other disciplinary



HB4452- 53 -LRB101 19926 SPS 69449 b

1proceedings under this Act. All pre-license instructors must
2teach at least one pre-license or continuing education core
3curriculum course within the period of licensure as a
4requirement for renewal of the instructor's license. All
5continuing education instructors must teach at least one course
6within the period of licensure or take an instructor training
7program approved by the Department in lieu thereof as a
8requirement for renewal of the instructor's license.
9    (d) Each course transcript submitted by an education
10provider to the Department shall include the name and license
11number of the pre-license or continuing education instructor
12for the course.
13    (e) Licensed education provider instructors may teach for
14more than one licensed education provider.
15    (f) The Department may adopt any administrative rule
16consistent with the language and intent of this Act that may be
17necessary for the implementation and enforcement of this
19(Source: P.A. 100-188, eff. 1-1-18; 101-357, eff. 8-9-19.)
20    (225 ILCS 454/25-21 rep.)
21    Section 15. The Real Estate License Act of 2000 is amended
22by repealing Section 25-21.
23    (225 ILCS 456/Act rep.)
24    Section 20. The Real Estate Regulation Transfer Act is



HB4452- 54 -LRB101 19926 SPS 69449 b

2    Section 99. Effective date. This Act takes effect upon
3becoming law.