Full Text of HB4571 93rd General Assembly
HB4571 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4571
Introduced 02/04/04, by Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Real Estate License Act of 2000. For the purpose of an exemption to the licensure requirements of the Act, defines "regular employee".
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A BILL FOR
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HB4571 |
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LRB093 19972 AMC 45716 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Real Estate License Act of 2000 is amended | 5 |
| by changing Section 5-20 as follows:
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| (225 ILCS 454/5-20)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 5-20. Exemptions from broker, salesperson, or leasing | 9 |
| agent license
requirement. The requirement for holding a | 10 |
| license under this Article 5 shall
not apply to:
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| (1) Any person, partnership, or corporation that as owner | 12 |
| or lessor performs
any of the acts described in the definition | 13 |
| of "broker" under Section 1-10 of
this Act with reference to | 14 |
| property owned or leased by it, or to the regular
employees | 15 |
| thereof with respect to the property so owned or leased, where | 16 |
| such
acts are performed in the regular course of or as an | 17 |
| incident to the
management, sale, or other disposition of such | 18 |
| property and the investment
therein, provided that such regular | 19 |
| employees do not perform any of the acts
described in the | 20 |
| definition of "broker" under Section 1-10 of this Act in
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| connection with a vocation of selling or leasing any real | 22 |
| estate or the
improvements thereon not so owned or leased.
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| For the purposes of this paragraph (1), "regular employee" | 24 |
| means a person who works an average of 35 hours per week for | 25 |
| his or her employer, receives compensation or remuneration from | 26 |
| that employer on an hourly or salary basis, and receives no | 27 |
| more than 10% of their total compensation or remuneration from | 28 |
| that employer on a commission or bonus basis.
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| (2) An attorney in fact acting under a duly executed and | 30 |
| recorded power of
attorney to convey real estate from the owner | 31 |
| or lessor or the services
rendered by an attorney at law in the | 32 |
| performance of the attorney's duty as an
attorney at law.
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HB4571 |
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LRB093 19972 AMC 45716 b |
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| (3) Any person acting as receiver, trustee in bankruptcy, | 2 |
| administrator,
executor, or guardian or while acting under a | 3 |
| court order or under the
authority of a will or testamentary | 4 |
| trust.
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| (4) Any person acting as a resident manager for the owner | 6 |
| or any employee
acting as the resident manager for a broker | 7 |
| managing an apartment building,
duplex, or apartment complex, | 8 |
| when the resident manager resides on the
premises, the premises | 9 |
| is his or her primary residence, and the resident
manager is | 10 |
| engaged in the leasing of the property of which he or she is | 11 |
| the
resident manager.
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| (5) Any officer or employee of a federal agency in the | 13 |
| conduct of official
duties.
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| (6) Any officer or employee of the State government or any | 15 |
| political
subdivision thereof performing official duties.
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| (7) Any multiple listing service or other information | 17 |
| exchange that is
engaged in the collection
and dissemination of | 18 |
| information concerning real estate available for sale,
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| purchase, lease, or
exchange along with which no other licensed | 20 |
| activities are provided.
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| (8) Railroads and other public utilities regulated by the | 22 |
| State of Illinois,
or the officers or full time employees | 23 |
| thereof, unless the performance of any
licensed activities is | 24 |
| in connection with the sale, purchase, lease, or other
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| disposition of real estate or investment therein not needing | 26 |
| the approval of
the appropriate State regulatory authority.
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| (9) Any medium of advertising in the routine course of | 28 |
| selling or publishing
advertising along with which no other | 29 |
| licensed activities are provided.
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| (10) Any resident lessee of a residential dwelling unit who | 31 |
| refers for
compensation to the owner of the dwelling unit, or | 32 |
| to the owner's agent,
prospective lessees of dwelling units in | 33 |
| the same building or complex as the
resident lessee's unit, but | 34 |
| only if the resident lessee (i) refers no more than
3 | 35 |
| prospective lessees in any 12-month period, (ii) receives | 36 |
| compensation of no
more than $1,000 or the equivalent of one |
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HB4571 |
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LRB093 19972 AMC 45716 b |
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| month's rent, whichever is less, in
any 12-month period, and | 2 |
| (iii) limits his or her activities to referring
prospective | 3 |
| lessees to the owner, or the owner's agent, and does not show a
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| residential dwelling unit to a prospective lessee, discuss | 5 |
| terms or conditions
of leasing a dwelling unit with a | 6 |
| prospective lessee, or otherwise participate
in the | 7 |
| negotiation of the leasing of a dwelling unit.
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| (11) An exchange company registered under the Real Estate | 9 |
| Timeshare Act of
1999 and the regular employees of that | 10 |
| registered exchange company but only
when conducting an | 11 |
| exchange program as defined in that Act.
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| (12) An existing timeshare owner who, for compensation, | 13 |
| refers prospective
purchasers, but only if the existing | 14 |
| timeshare owner (i) refers no more than 20
prospective | 15 |
| purchasers in any calendar year, (ii) receives no more than | 16 |
| $1,000,
or its equivalent, for referrals in any calendar year | 17 |
| and (iii) limits his or
her activities to referring prospective | 18 |
| purchasers of timeshare interests to
the developer or the | 19 |
| developer's employees or agents, and does not show,
discuss | 20 |
| terms or conditions of purchase or otherwise participate in
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| negotiations with regard to timeshare interests.
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| (13) Any person who is licensed without examination under
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| Section 10-25 of the Auction License Act is exempt from holding | 24 |
| a broker's or
salesperson's license under this Act for the | 25 |
| limited purpose of selling or
leasing real estate at auction, | 26 |
| so long as:
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| (A) that person has made application for said | 28 |
| exemption by July 1, 2000;
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| (B) that person verifies to OBRE that he or she has | 30 |
| sold real estate
at auction for a period of 5 years | 31 |
| prior to licensure as an auctioneer;
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| (C) the person has had no lapse in his or her | 33 |
| license as an
auctioneer; and
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| (D) the license issued under the Auction License | 35 |
| Act has not been
disciplined for violation of those | 36 |
| provisions of Article 20 of the Auction
License Act |
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LRB093 19972 AMC 45716 b |
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| dealing with or related to the sale or lease of real | 2 |
| estate at
auction.
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| (14) A hotel operator who is registered with the Illinois | 4 |
| Department of
Revenue and pays taxes under the Hotel Operators' | 5 |
| Occupation Tax Act and rents
a room or rooms in a hotel as | 6 |
| defined in the Hotel Operators' Occupation Tax
Act for a period | 7 |
| of not more than 30 consecutive days and not more than 60 days
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| in a calendar year.
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| (Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00; | 10 |
| 91-603, eff.
1-1-00; 92-16, eff. 6-28-01; 92-217, eff. 8-2-01.)
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