Public Act 099-0227

HB3332 Enrolled LRB099 00381 MGM 20387 b

AN ACT concerning government.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the

Professional Limited Liability Company Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Financial and

Professional Regulation.

"Professional limited liability company" means a limited

liability company that intends to provide, or does provide,

professional services that require the individuals engaged in

the profession to be licensed by the Department of Financial

and Professional Regulation.

Section 10. Application of the Limited Liability Company

Act. The Limited Liability Company Act, as now or hereafter

amended, shall be applicable to professional limited liability

companies, and they shall enjoy the powers and privileges and

be subject to the duties, restrictions, and liabilities of

other limited liability companies, except where inconsistent

with the letter and purpose of this Act. This Act shall take

precedence in the event of any conflict with the provisions of

the Limited Liability Company Act or other laws.

Section 15. Certificate of registration.

(a) No professional limited liability company may render

professional services that require the issuance of a license by

the Department, except through its managers, members, agents,

or employees who are duly licensed or otherwise legally

authorized to render such professional services within this

State. An individual's association with a professional limited

liability company as a manager, member, agent, or employee,

shall in no way modify or diminish the jurisdiction of the

Department that licensed, certified, or registered the

individual for a particular profession.

(b) A professional limited liability company shall not

open, operate, or maintain an establishment for any of the

purposes for which a limited liability company may be organized

without obtaining a certificate of registration from the

Department.

(c) Application for a certificate of registration shall be

made in writing and shall contain the name and primary mailing

address of the professional limited liability company, the name

and address of the company's registered agent, the address of

the practice location maintained by the company, each assumed

name being used by the company, and such other information as

may be required by the Department. All official correspondence

from the Department shall be mailed to the primary mailing

address of the company except that the company may elect to

have renewal and non-renewal notices sent to the registered

agent of the company. Upon receipt of such application, the

Department shall make an investigation of the professional

limited liability company. If this Act or any Act administered

by the Department requires the organizers, managers, and

members to each be licensed in the particular profession or

related professions related to the professional services

offered by the company, the Department shall determine that the

organizers, managers, and members are each licensed pursuant to

the laws of Illinois to engage in the particular profession or

related professions involved (except that an initial organizer

may be a licensed attorney) and that no disciplinary action is

pending before the Department against any of them before

issuing a certificate of registration. For all other companies

submitting an application, the Department shall determine if

any organizer, manager, or member claiming to hold a

professional license issued by the Department is currently so

licensed and that no disciplinary action is pending before the

Department against any of them before issuing a certificate of

registration. If it appears that the professional limited

liability company will be conducted in compliance with the law

and the rules and regulations of the Department, the Department

shall issue, upon payment of a registration fee of $50, a

certificate of registration.

(d) A separate application shall be submitted for each

business location in Illinois. If the professional limited

liability company is using more than one fictitious or assumed

name and has an address different from that of the parent

company, a separate application shall be submitted for each

fictitious or assumed name.

(e) Upon written application of the holder, the Department

shall renew the certificate if it finds that the professional

limited liability company has complied with its regulations and

the provisions of this Act and the applicable licensing Act.

This fee for the renewal of a certificate of registration shall

be calculated at the rate of $40 per year. The certificate of

registration shall be conspicuously posted upon the premises to

which it is applicable. A certificate of registration shall not

be assignable.

(f) The Department shall not issue or renew any certificate

of registration to a professional limited liability company

during the period of dissolution.

Section 20. Failure to obtain a certificate of

registration. Whenever the Department has reason to believe a

professional limited liability company has opened, operated,

or maintained an establishment without a certificate of

registration, the Department may issue a notice of violation to

the professional limited liability company. The notice of

violation shall provide a period of 30 days after the date of

the notice to either file an answer to the satisfaction of the

Department or submit an application for a certificate of

registration in compliance with this Act. If the professional

limited liability company submits an application for a

certificate of registration, it must pay the $50 application

fee and a late fee of $100 for each year that the professional

limited liability company opened, operated, or maintained an

establishment without a certificate of registration for the

purpose of providing any professional service that requires the

individuals engaged in the profession to be licensed by the

Department, with a maximum late fee of $500. If the

professional limited liability company that is the subject of

the notice of violation fails to respond, fails to respond to

the satisfaction of the Department, or fails to submit an

application for registration, the Department may institute

disciplinary proceedings against the professional limited

liability company and may impose a civil penalty up to $1,000

for violation of this Act after affording the professional

limited liability company a hearing in conformance with the

requirements of this Act.

Section 25. Suspension, revocation or discipline of

certificate of registration.

(a) The Department may suspend, revoke, or otherwise

discipline the certificate of registration of a professional

limited liability company for any of the following reasons:

(1) the revocation or suspension of the license to

practice the profession of any officer, manager, member,

agent, or employee not promptly removed or discharged by

the professional limited liability company;

(2) unethical professional conduct on the part of any

officer, manager, member, agent, or employee not promptly

removed or discharged by the professional limited

liability company;

(3) the death of the last remaining member;

(4) upon finding that the holder of the certificate has

failed to comply with the provisions of this Act or the

regulations prescribed by the Department; or

(5) the failure to file a return, to pay the tax,

penalty, or interest shown in a filed return, or to pay any

final assessment of tax, penalty, or interest, as required

by a tax Act administered by the Illinois Department of

Revenue, until such time as the requirements of any such

tax Act are satisfied.

(b) Before any certificate of registration is suspended or

revoked, the holder shall be given written notice of the

proposed action and the reasons for the proposed action and

shall be provided a public hearing by the Department with the

right to produce testimony and other evidence concerning the

charges made. The notice shall also state the place and date of

the hearing, which shall be at least 10 days after service of

the notice.

(c) All orders of the Department denying an application for

a certificate of registration or suspending or revoking a

certificate of registration or imposing a civil penalty shall

be subject to judicial review pursuant to the Administrative

Review Law.

(d) The proceedings for judicial review shall be commenced

in the circuit court of the county in which the party applying

for review is located. If the party is not currently located in

Illinois, the venue shall be in Sangamon County. The Department

shall not be required to certify any record to the court or

file any answer in court or otherwise appear in any court in a

judicial review proceeding, unless and until the Department has

received from the plaintiff payment of the costs of furnishing

and certifying the record, which costs shall be determined by

the Department. Exhibits shall be certified without cost.

Failure on the part of the plaintiff to file a receipt in court

is grounds for dismissal of the action.

Section 30. Confidentiality.

(a) All information collected by the Department in the

course of an examination or investigation of a holder of a

certificate of registration or an applicant, including, but not

limited to, any complaint against a holder of a certificate of

registration filed with the Department and information

collected to investigate any such complaint, shall be

maintained for the confidential use of the Department and shall

not be disclosed.

(b) The Department may not disclose the information to

anyone other than law enforcement officials, other regulatory

agencies that have an appropriate regulatory interest as

determined by the Secretary of the Department, or a party

presenting a lawful subpoena to the Department. Information and

documents disclosed to a federal, State, county, or local law

enforcement agency shall not be disclosed by the agency for any

purpose to any other agency or person. A formal complaint filed

against a holder of a certificate of registration by the

Department or any order issued by the Department against a

holder of a certificate of registration or an applicant shall

be a public record, except as otherwise prohibited by law.

Section 35. Professional relationship and liability;

rights and obligations pertaining to communications.

(a) Nothing contained in this Act shall be interpreted to

abolish, repeal, modify, restrict, or limit the law in effect

in this State on the effective date of this Act that is

applicable to the professional relationship and liabilities

between the person furnishing the professional services and the

person receiving such professional services or the law that is

applicable to the standards for professional conduct. Any

manager, member, agent, or employee of a professional limited

liability company shall remain personally and fully liable and

accountable for any negligent or wrongful acts or misconduct

committed by him or her or by any person under his or her

direct supervision and control while rendering professional

services on behalf of the professional limited liability

company. However, a professional limited liability company

shall have no greater liability for the conduct of its agents

than any other limited liability company organized under the

Limited Liability Company Act. A professional limited

liability company shall be liable up to the full value of its

property for any negligence or wrongful acts or misconduct

committed by any of its managers, members, agents, or employees

while they are engaged in the rendering of professional

services on behalf of the professional limited liability

company.

(b) All rights and obligations pertaining to

communications made to or information received by any qualified

person or the advice he or she gives on such communications or

information, shall be extended to the professional limited

liability company of which he or she is a manager, member,

agent, or employee, and to the professional limited liability

company's managers, members, agents, and employees.

Section 40. Dissolution. A professional limited liability

company may, for the purposes of dissolution, have as its

managers and members individuals who are not licensed by the

Department to provide professional services notwithstanding

any provision of this Act or of any professional Act

administered by the Department, provided that the professional

limited liability company under these circumstances does not

render any professional services nor hold itself out as capable

or available to render any professional services during the

period of dissolution. A copy of the certificate of

dissolution, as issued by the Secretary of State, shall be

delivered to the Department within 30 days of its receipt by

the managers or members.

Section 45. Dishonored payments. Any professional limited

liability company that, on 2 occasions, issues or delivers a

check or other order to the Department that is not honored by

the financial institution upon which it is drawn because of

insufficient funds on the account, shall pay to the Department,

in addition to the amount owing upon such check or other order,

a fee of $50. If such check or other order was issued or

delivered in payment of a renewal fee and the professional

limited liability company whose certificate of registration

has lapsed continues to practice as a professional limited

liability company without paying the renewal fee and the $50

fee required under this Section, an additional fee of $100

shall be imposed for practicing without a current certificate.

The Department shall notify the professional limited liability

company whose certificate of registration has lapsed within 30

days after the discovery by the Department that such

professional limited liability company is operating without a

current certificate of the fact that the professional limited

liability company is operating without a certificate and of the

amount due to the Department, which shall include the lapsed

renewal fee and all other fees required by this Section. If the

professional limited liability company whose certification has

lapsed seeks a current certificate more than 30 days after the

date it receives notification from the Department, it shall be

required to apply to the Department for reinstatement of the

certificate and to pay all fees due to the Department. The

Department may establish a fee for the processing of an

application for reinstatement of a certificate that allows the

Department to pay all costs and expenses related to the

processing of the application. The Secretary of the Department

may waive the fees due under this Section in individual cases

where he or she finds that in the particular case such fees

would be unreasonable or unnecessarily burdensome.

Section 50. Deposit of fees and fines. All fees, civil

penalties, and fines collected under this Act shall be

deposited into the General Professions Dedicated Fund.

Section 900. The Regulatory Sunset Act is amended by

changing Section 4.26 and by adding Section 4.36 as follows:

(5 ILCS 80/4.26)

Sec. 4.26. Acts repealed on January 1, 2016. The following

Acts are repealed on January 1, 2016:

The Illinois Athletic Trainers Practice Act.

The Illinois Roofing Industry Licensing Act.

The Illinois Dental Practice Act.

The Collection Agency Act.

The Barber, Cosmetology, Esthetics, Hair Braiding, and

Nail Technology Act of 1985.

The Respiratory Care Practice Act.

The Hearing Instrument Consumer Protection Act.

The Illinois Physical Therapy Act.

The Professional Geologist Licensing Act.

(Source: P.A. 95-331, eff. 8-21-07; 95-876, eff. 8-21-08;

96-1246, eff. 1-1-11.)

(5 ILCS 80/4.36 new)

Sec. 4.36. Act repealed on January 1, 2026. The following

Act is repealed on January 1, 2026:

The Collection Agency Act.

Section 905. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

changing Sections 2105-5, 2105-15, 2105-100, 2105-105,

2105-110, 2105-115, 2105-120, 2105-125, 2105-175, 2105-200,

2105-205, 2105-300, 2105-325, and 2105-400 and by adding

Section 2105-117 as follows:

(20 ILCS 2105/2105-5) (was 20 ILCS 2105/60b)

Sec. 2105-5. Definitions. (a) In this Law:

"Address of record" means the designated address recorded

by the Department in the applicant's application file or the

licensee's license file, as maintained by the Department's

licensure maintenance unit.

"Department" means the Division of Professional Regulation

of the Department of Financial and Professional Regulation. Any

reference in this Article to the "Department of Professional

Regulation" shall be deemed to mean the "Division of

Professional Regulation of the Department of Financial and

Professional Regulation".

"Director" means the Director of Professional Regulation.

(b) In the construction of this Section and Sections

2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120,

2105-125, 2105-175, and 2105-325, the following definitions

shall govern unless the context otherwise clearly indicates:

"Board" means the board of persons designated for a

profession, trade, or occupation under the provisions of any

Act now or hereafter in force whereby the jurisdiction of that

profession, trade, or occupation is devolved on the Department.

"Certificate" means a license, certificate of

registration, permit, or other authority purporting to be

issued or conferred by the Department by virtue or authority of

which the registrant has or claims the right to engage in a

profession, trade, occupation, or operation of which the

Department has jurisdiction.

"Registrant" means a person who holds or claims to hold a

certificate.

"Retiree" means a person who has been duly licensed,

registered, or certified in a profession regulated by the

Department and who chooses to relinquish or not renew his or

her license, registration, or certification.

(Source: P.A. 94-452, eff. 1-1-06.)

(20 ILCS 2105/2105-15)

Sec. 2105-15. General powers and duties.

(a) The Department has, subject to the provisions of the

Civil Administrative Code of Illinois, the following powers and

duties:

(1) To authorize examinations in English to ascertain

the qualifications and fitness of applicants to exercise

the profession, trade, or occupation for which the

examination is held.

(2) To prescribe rules and regulations for a fair and

wholly impartial method of examination of candidates to

exercise the respective professions, trades, or

occupations.

(3) To pass upon the qualifications of applicants for

licenses, certificates, and authorities, whether by

examination, by reciprocity, or by endorsement.

(4) To prescribe rules and regulations defining, for

the respective professions, trades, and occupations, what

shall constitute a school, college, or university, or

department of a university, or other institution,

reputable and in good standing, and to determine the

reputability and good standing of a school, college, or

university, or department of a university, or other

institution, reputable and in good standing, by reference

to a compliance with those rules and regulations; provided,

that no school, college, or university, or department of a

university, or other institution that refuses admittance

to applicants solely on account of race, color, creed, sex,

sexual orientation, or national origin shall be considered

reputable and in good standing.

(5) To conduct hearings on proceedings to revoke,

suspend, refuse to renew, place on probationary status, or

take other disciplinary action as authorized in any

licensing Act administered by the Department with regard to

licenses, certificates, or authorities of persons

exercising the respective professions, trades, or

occupations and to revoke, suspend, refuse to renew, place

on probationary status, or take other disciplinary action

as authorized in any licensing Act administered by the

Department with regard to those licenses, certificates, or

authorities.

The Department shall issue a monthly disciplinary

report.

The Department shall deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

any person who has defaulted on an educational loan or

scholarship provided by or guaranteed by the Illinois

Student Assistance Commission or any governmental agency

of this State; however, the Department may issue a license

or renewal if the aforementioned persons have established a

satisfactory repayment record as determined by the

Illinois Student Assistance Commission or other

appropriate governmental agency of this State.

Additionally, beginning June 1, 1996, any license issued by

the Department may be suspended or revoked if the

Department, after the opportunity for a hearing under the

appropriate licensing Act, finds that the licensee has

failed to make satisfactory repayment to the Illinois

Student Assistance Commission for a delinquent or

defaulted loan. For the purposes of this Section,

"satisfactory repayment record" shall be defined by rule.

The Department shall refuse to issue or renew a license

to, or shall suspend or revoke a license of, any person

who, after receiving notice, fails to comply with a

subpoena or warrant relating to a paternity or child

support proceeding. However, the Department may issue a

license or renewal upon compliance with the subpoena or

warrant.

The Department, without further process or hearings,

shall revoke, suspend, or deny any license or renewal

authorized by the Civil Administrative Code of Illinois to

a person who is certified by the Department of Healthcare

and Family Services (formerly Illinois Department of

Public Aid) as being more than 30 days delinquent in

complying with a child support order or who is certified by

a court as being in violation of the Non-Support Punishment

Act for more than 60 days. The Department may, however,

issue a license or renewal if the person has established a

satisfactory repayment record as determined by the

Department of Healthcare and Family Services (formerly

Illinois Department of Public Aid) or if the person is

determined by the court to be in compliance with the

Non-Support Punishment Act. The Department may implement

this paragraph as added by Public Act 89-6 through the use

of emergency rules in accordance with Section 5-45 of the

Illinois Administrative Procedure Act. For purposes of the

Illinois Administrative Procedure Act, the adoption of

rules to implement this paragraph shall be considered an

emergency and necessary for the public interest, safety,

and welfare.

(6) To transfer jurisdiction of any realty under the

control of the Department to any other department of the

State Government or to acquire or accept federal lands when

the transfer, acquisition, or acceptance is advantageous

to the State and is approved in writing by the Governor.

(7) To formulate rules and regulations necessary for

the enforcement of any Act administered by the Department.

(8) To exchange with the Department of Healthcare and

Family Services information that may be necessary for the

enforcement of child support orders entered pursuant to the

Illinois Public Aid Code, the Illinois Marriage and

Dissolution of Marriage Act, the Non-Support of Spouse and

Children Act, the Non-Support Punishment Act, the Revised

Uniform Reciprocal Enforcement of Support Act, the Uniform

Interstate Family Support Act, or the Illinois Parentage

Act of 1984. Notwithstanding any provisions in this Code to

the contrary, the Department of Professional Regulation

shall not be liable under any federal or State law to any

person for any disclosure of information to the Department

of Healthcare and Family Services (formerly Illinois

Department of Public Aid) under this paragraph (8) or for

any other action taken in good faith to comply with the

requirements of this paragraph (8).

(8.5) To accept continuing education credit for

mandated reporter training on how to recognize and report

child abuse offered by the Department of Children and

Family Services and completed by any person who holds a

professional license issued by the Department and who is a

mandated reporter under the Abused and Neglected Child

Reporting Act. The Department shall adopt any rules

necessary to implement this paragraph.

(9) To perform other duties prescribed by law.

(a-5) Except in cases involving default on an educational

loan or scholarship provided by or guaranteed by the Illinois

Student Assistance Commission or any governmental agency of

this State or in cases involving delinquency in complying with

a child support order or violation of the Non-Support

Punishment Act and notwithstanding anything that may appear in

any individual licensing Act or administrative rule, no person

or entity whose license, certificate, or authority has been

revoked as authorized in any licensing Act administered by the

Department may apply for restoration of that license,

certification, or authority until 3 years after the effective

date of the revocation.

(b) The Department may, when a fee is payable to the

Department for a wall certificate of registration provided by

the Department of Central Management Services, require that

portion of the payment for printing and distribution costs be

made directly or through the Department to the Department of

Central Management Services for deposit into the Paper and

Printing Revolving Fund. The remainder shall be deposited into

the General Revenue Fund.

(c) For the purpose of securing and preparing evidence, and

for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities,

recoupment of investigative costs, and other activities

directed at suppressing the misuse and abuse of controlled

substances, including those activities set forth in Sections

504 and 508 of the Illinois Controlled Substances Act, the

Director and agents appointed and authorized by the Director

may expend sums from the Professional Regulation Evidence Fund

that the Director deems necessary from the amounts appropriated

for that purpose. Those sums may be advanced to the agent when

the Director deems that procedure to be in the public interest.

Sums for the purchase of controlled substances, professional

services, and equipment necessary for enforcement activities

and other activities as set forth in this Section shall be

advanced to the agent who is to make the purchase from the

Professional Regulation Evidence Fund on vouchers signed by the

Director. The Director and those agents are authorized to

maintain one or more commercial checking accounts with any

State banking corporation or corporations organized under or

subject to the Illinois Banking Act for the deposit and

withdrawal of moneys to be used for the purposes set forth in

this Section; provided, that no check may be written nor any

withdrawal made from any such account except upon the written

signatures of 2 persons designated by the Director to write

those checks and make those withdrawals. Vouchers for those

expenditures must be signed by the Director. All such

expenditures shall be audited by the Director, and the audit

shall be submitted to the Department of Central Management

Services for approval.

(d) Whenever the Department is authorized or required by

law to consider some aspect of criminal history record

information for the purpose of carrying out its statutory

powers and responsibilities, then, upon request and payment of

fees in conformance with the requirements of Section 2605-400

of the Department of State Police Law (20 ILCS 2605/2605-400),

the Department of State Police is authorized to furnish,

pursuant to positive identification, the information contained

in State files that is necessary to fulfill the request.

(e) The provisions of this Section do not apply to private

business and vocational schools as defined by Section 15 of the

Private Business and Vocational Schools Act of 2012.

(f) (Blank). Beginning July 1, 1995, this Section does not

apply to those professions, trades, and occupations licensed

under the Real Estate License Act of 2000, nor does it apply to

any permits, certificates, or other authorizations to do

business provided for in the Land Sales Registration Act of

1989 or the Illinois Real Estate Time-Share Act.

(g) Notwithstanding anything that may appear in any

individual licensing statute or administrative rule, the

Department shall deny any license application or renewal

authorized under any licensing Act administered by the

Department to any person who has failed to file a return, or to

pay the tax, penalty, or interest shown in a filed return, or

to pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirement of any such tax

Act are satisfied; however, the Department may issue a license

or renewal if the person has established a satisfactory

repayment record as determined by the Illinois Department of

Revenue. For the purpose of this Section, "satisfactory

repayment record" shall be defined by rule.

In addition, a complaint filed with the Department by the

Illinois Department of Revenue that includes a certification,

signed by its Director or designee, attesting to the amount of

the unpaid tax liability or the years for which a return was

not filed, or both, is prima facie evidence of the licensee's

failure to comply with the tax laws administered by the

Illinois Department of Revenue. Upon receipt of that

certification, the Department shall, without a hearing,

immediately suspend all licenses held by the licensee.

Enforcement of the Department's order shall be stayed for 60

days. The Department shall provide notice of the suspension to

the licensee by mailing a copy of the Department's order by

certified and regular mail to the licensee's last known address

as registered with the Department. The notice shall advise the

licensee that the suspension shall be effective 60 days after

the issuance of the Department's order unless the Department

receives, from the licensee, a request for a hearing before the

Department to dispute the matters contained in the order.

Any suspension imposed under this subsection (g) shall be

terminated by the Department upon notification from the

Illinois Department of Revenue that the licensee is in

compliance with all tax laws administered by the Illinois

Department of Revenue.

The Department may shall promulgate rules for the

administration of this subsection (g).

(h) The Department may grant the title "Retired", to be

used immediately adjacent to the title of a profession

regulated by the Department, to eligible retirees. The use of

the title "Retired" shall not constitute representation of

current licensure, registration, or certification. Any person

without an active license, registration, or certificate in a

profession that requires licensure, registration, or

certification shall not be permitted to practice that

profession.

(i) Within 180 days after December 23, 2009 (the effective

date of Public Act 96-852), the Department shall promulgate

rules which permit a person with a criminal record, who seeks a

license or certificate in an occupation for which a criminal

record is not expressly a per se bar, to apply to the

Department for a non-binding, advisory opinion to be provided

by the Board or body with the authority to issue the license or

certificate as to whether his or her criminal record would bar

the individual from the licensure or certification sought,

should the individual meet all other licensure requirements

including, but not limited to, the successful completion of the

relevant examinations.

(Source: P.A. 97-650, eff. 2-1-12; 98-756, eff. 7-16-14;

98-850, eff. 1-1-15.)

(20 ILCS 2105/2105-100) (was 20 ILCS 2105/60c)

Sec. 2105-100. Disciplinary action with respect to

certificates; notice citation; hearing.

(a) Certificates may be revoked, suspended, placed on

probationary status, reprimanded, fined, or have other

disciplinary action taken with regard to them as authorized in

any licensing Act administered by the Department in the manner

provided by the Civil Administrative Code of Illinois and not

otherwise.

(b) The Department may upon its own motion and shall upon

the verified complaint in writing of any person, provided the

complaint or the complaint together with evidence, documentary

or otherwise, presented in connection with the complaint makes

a prima facie case, investigate the actions of any person

holding or claiming to hold a certificate.

(c) Before suspending, revoking, placing on probationary

status, reprimanding, fining, or taking any other disciplinary

action that may be authorized in any licensing Act administered

by the Department with regard to any certificate, the

Department shall issue a notice informing citation notifying

the registrant of the time and place when and where a hearing

of the charges shall be had. The notice citation shall contain

a statement of the charges or shall be accompanied by a copy of

the written complaint if such complaint shall have been filed.

The notice citation shall be served on the registrant at least

10 days prior to the date set in the notice citation for the

hearing, either by delivery of the notice citation personally

to the registrant or by mailing the notice citation by

registered mail to the registrant's address of record last

known place of residence; provided that in any case where the

registrant is now or may hereafter be required by law to

maintain a place of business in this State and to notify the

Department of the location of that place of business, the

notice citation may be served by mailing it by registered mail

to the registrant at the place of business last described by

the registrant in the notification to the Department.

(d) At the time and place fixed in the notice citation, the

Department shall proceed to a hearing of the charges. Both the

registrant and the complainant shall be accorded ample

opportunity to present, in person or by counsel, any

statements, testimony, evidence, and argument that may be

pertinent to the charges or to any defense to the charges. The

Department may continue the hearing from time to time.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-105) (was 20 ILCS 2105/60d)

Sec. 2105-105. Oaths; subpoenas; penalty.

(a) The Department, by its Director or a person designated

by him or her, is empowered, at any time during the course of

any investigation or hearing conducted pursuant to any Act

administered by the Department, to administer oaths, subpoena

witnesses, take evidence, and compel the production of any

books, papers, records, or any other documents that the

Director, or a person designated by him or her, deems relevant

or material to any such investigation or hearing conducted by

the Department, with the same fees and mileage and in the same

manner as prescribed by law in judicial proceedings in civil

cases in circuit courts of this State. Discovery or evidence

depositions shall not be taken, except by agreement of the

Department and registrant.

(b) Any person who, without lawful authority, fails to

appear in response to a subpoena or to answer any question or

produce any books, papers, records, or any other documents

relevant or material to the investigation or hearing is guilty

of a Class A misdemeanor. Each violation shall constitute a

separate and distinct offense.

In addition to initiating criminal proceedings, the

Department, through the Attorney General, may seek enforcement

of any such subpoena by any circuit court of this State.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-110) (was 20 ILCS 2105/60e)

Sec. 2105-110. Court order requiring attendance of

witnesses or production of materials. Any circuit court, upon

the application of the registrant or complainant or of the

Department, may by order duly entered enforce a subpoena issued

by the Department for require the attendance of witnesses and

the production of relevant books and papers before the

Department in any hearing relative to the application for

refusal to renew, suspension, revocation, placing on

probationary status, reprimand, fine, or the taking of any

other disciplinary action as may be authorized in any licensing

Act administered by the Department with regard to any

certificate of registration. The court may compel obedience to

its order by proceedings for contempt.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-115) (was 20 ILCS 2105/60f)

Sec. 2105-115. Certified shorthand reporter Stenographer;

transcript. The Department, at its expense, shall provide a

certified shorthand reporter stenographer to take down the

testimony and preserve a record of all proceedings at the

hearing of any case in which a certificate may be revoked,

suspended, placed on probationary status, reprimanded, fined,

or subjected to other disciplinary action with reference to the

certificate when a disciplinary action is authorized in any

licensing Act administered by the Department. The notice

citation, complaint, and all other documents in the nature of

pleadings and written motions filed in the proceedings, the

transcript of testimony, the report of the board, and the

orders of the Department shall be the record of the

proceedings. The Department shall furnish a transcript of the

record to any person interested in the hearing upon payment

therefor of $1 per page. The Department may contract for court

reporting services, and, in the event it does so, the

Department shall provide the name and contact information for

the certified shorthand reporter who transcribed the testimony

at a hearing to any person interested, who may obtain a copy of

the transcript of any proceedings at a hearing upon payment of

the fee specified by the certified shorthand reporter. This

charge is in addition to any fee charged by the Department for

certifying the record.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-117 new)

Sec. 2105-117. Confidentiality. All information collected

by the Department in the course of an examination or

investigation of a licensee, registrant, or applicant,

including, but not limited to, any complaint against a licensee

or registrant filed with the Department and information

collected to investigate any such complaint, shall be

maintained for the confidential use of the Department and shall

not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Director, or a party presenting a

lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to

any other agency or person. A formal complaint filed against a

licensee or registrant by the Department or any order issued by

the Department against a licensee, registrant, or applicant

shall be a public record, except as otherwise prohibited by

law.

(20 ILCS 2105/2105-120) (was 20 ILCS 2105/60g)

Sec. 2105-120. Board's report; registrant's motion for

rehearing.

(a) The board shall present to the Director its written

report of its findings and recommendations. A copy of the

report shall be served upon the registrant, either personally

or by registered mail as provided in Section 2105-100 for the

service of the notice citation.

(b) Within 20 days after the service required under

subsection (a), the registrant may present to the Department a

motion in writing for a rehearing. The written motion shall

specify the particular grounds for a rehearing. If the

registrant orders and pays for a transcript of the record as

provided in Section 2105-115, the time elapsing thereafter and

before the transcript is ready for delivery to the registrant

shall not be counted as part of the 20 days.

(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; 92-16,

eff. 6-28-01.)

(20 ILCS 2105/2105-125) (was 20 ILCS 2105/60h)

Sec. 2105-125. Restoration of certificate. At any time

after the successful completion of any term of suspension,

revocation, placement on probationary status, or other

disciplinary action taken by the Department with reference to

any certificate, including payment of any fine, the Department

may restore it to the registrant without examination, upon the

written recommendation of the appropriate board.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-175) (was 20 ILCS 2105/60a in part)

Sec. 2105-175. Reexaminations or rehearings. Whenever the

Director is satisfied that substantial justice has not been

done either in an examination or in the revocation of, refusal

to renew, suspension, placing on probationary status,

reprimanding, fining, or taking of other disciplinary action as

may be authorized in any licensing Act administered by the

Department with regard to a license, certificate, or authority,

the Director may order reexaminations or rehearings by the same

or other examiners or hearing officers.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-200) (was 20 ILCS 2105/60.1)

Sec. 2105-200. Index of formal decisions regarding

disciplinary action. The Department shall maintain an index of

formal decisions regarding the issuance of or refusal to issue

licenses, the renewal of or refusal to renew licenses, the

revocation or suspension of licenses, and probationary or other

disciplinary action taken by the Department after August 31,

1971 (the effective date of Public Act 77-1400). The decisions

shall be indexed according to the statutory Section and the

administrative regulation, if any, that is the basis for the

decision. The index shall be available to the public during

regular business hours.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-205) (was 20 ILCS 2105/60.3)

Sec. 2105-205. Publication of disciplinary actions. The

Department shall publish on its website, at least monthly,

final disciplinary actions taken by the Department against a

licensee or applicant pursuant to any licensing Act

administered by the Department the Medical Practice Act of

1987. The specific disciplinary action and the name of the

applicant or licensee shall be listed. This publication shall

be made available to the public upon request and payment of the

fees set by the Department. This publication may be made

available to the public on the Internet through the State of

Illinois World Wide Web site.

(Source: P.A. 90-14, eff. 7-1-97; 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-300) (was 20 ILCS 2105/61e)

Sec. 2105-300. Professions Indirect Cost Fund;

allocations; analyses.

(a) Appropriations for the direct and allocable indirect

costs of licensing and regulating each regulated profession,

trade, occupation, or industry are intended to be payable from

the fees and fines that are assessed and collected from that

profession, trade, occupation, or industry, to the extent that

those fees and fines are sufficient. In any fiscal year in

which the fees and fines generated by a specific profession,

trade, occupation, or industry are insufficient to finance the

necessary direct and allocable indirect costs of licensing and

regulating that profession, trade, occupation, or industry,

the remainder of those costs shall be financed from

appropriations payable from revenue sources other than fees and

fines. The direct and allocable indirect costs of the

Department identified in its cost allocation plans that are not

attributable to the licensing and regulation of a specific

profession, trade, or occupation, or industry or group of

professions, trades, occupations, or industries shall be

financed from appropriations from revenue sources other than

fees and fines.

(b) The Professions Indirect Cost Fund is hereby created as

a special fund in the State Treasury. Except as provided in

subsection (e), the Fund may receive transfers of moneys

authorized by the Department from the cash balances in special

funds that receive revenues from the fees and fines associated

with the licensing of regulated professions, trades,

occupations, and industries by the Department. For purposes of

this Section only, until June 30, 2010, the Fund may also

receive transfers of moneys authorized by the Department from

the cash balances in special funds that receive revenues from

the fees and fines associated with the licensing of regulated

professions, trades, occupations, and industries by the

Department of Insurance. Moneys in the Fund shall be invested

and earnings on the investments shall be retained in the Fund.

Subject to appropriation, the Department shall use moneys in

the Fund to pay the ordinary and necessary allocable indirect

expenses associated with each of the regulated professions,

trades, occupations, and industries.

(c) Before the beginning of each fiscal year, the

Department shall prepare a cost allocation analysis to be used

in establishing the necessary appropriation levels for each

cost purpose and revenue source. At the conclusion of each

fiscal year, the Department shall prepare a cost allocation

analysis reflecting the extent of the variation between how the

costs were actually financed in that year and the planned cost

allocation for that year. Variations between the planned and

actual cost allocations for the prior fiscal year shall be

adjusted into the Department's planned cost allocation for the

next fiscal year.

Each cost allocation analysis shall separately identify

the direct and allocable indirect costs of each regulated

profession, trade, occupation, or industry and the costs of the

Department's general public health and safety purposes. The

analyses shall determine whether the direct and allocable

indirect costs of each regulated profession, trade,

occupation, or industry and the costs of the Department's

general public health and safety purposes are sufficiently

financed from their respective funding sources. The Department

shall prepare the cost allocation analyses in consultation with

the respective regulated professions, trades, occupations, and

industries and shall make copies of the analyses available to

them in a timely fashion. For purposes of this Section only,

until June 30, 2010, the Department shall include in its cost

allocation analysis the direct and allocable indirect costs of

each regulated profession, trade, occupation, or industry and

the costs of the general public health and safety purposes of

the Department of Insurance.

(d) Except as provided in subsection (e), the Department

may direct the State Comptroller and Treasurer to transfer

moneys from the special funds that receive fees and fines

associated with regulated professions, trades, occupations,

and industries into the Professions Indirect Cost Fund in

accordance with the Department's cost allocation analysis plan

for the applicable fiscal year. For a given fiscal year, the

Department shall not direct the transfer of moneys under this

subsection from a special fund associated with a specific

regulated profession, trade, occupation, or industry (or group

of professions, trades, occupations, or industries) in an

amount exceeding the allocable indirect costs associated with

that profession, trade, occupation, or industry (or group of

professions, trades, occupations, or industries) as provided

in the cost allocation analysis for that fiscal year and

adjusted for allocation variations from the prior fiscal year.

No direct costs identified in the cost allocation plan shall be

used as a basis for transfers into the Professions Indirect

Cost Fund or for expenditures from the Fund.

(e) No transfer may be made to the Professions Indirect

Cost Fund under this Section from the Public Pension Regulation

Fund.

(Source: P.A. 95-950, eff. 8-29-08; 96-45, eff. 7-15-09.)

(20 ILCS 2105/2105-325) (was 20 ILCS 2105/60a in part)

Sec. 2105-325. Board member expenses compensation. Except

as otherwise provided in any licensing Act, from amounts

appropriated for compensation and expenses of boards, each

member of each board shall receive compensation at a rate,

established by the Director, not to exceed $50 per day, for the

member's service and shall be reimbursed for the member's

expenses necessarily incurred in relation to that service in

accordance with the travel regulations applicable to the

Department at the time the expenses are incurred.

(Source: P.A. 91-239, eff. 1-1-00.)

(20 ILCS 2105/2105-400)

Sec. 2105-400. Emergency Powers.

(a) Upon proclamation of a disaster by the Governor, as

provided for in the Illinois Emergency Management Agency Act,

the Secretary of Financial and Professional Regulation shall

have the following powers, which shall be exercised only in

coordination with the Illinois Emergency Management Agency and

the Department of Public Health:

(1) The power to suspend the requirements for permanent

or temporary licensure of persons who are licensed in

another state and are working under the direction of the

Illinois Emergency Management Agency and the Department of

Public Health pursuant to a declared disaster.

(2) The power to modify the scope of practice

restrictions under any licensing act administered by the

Department for any person working under the direction of

the Illinois Emergency Management Agency and the Illinois

Department of Public Health pursuant to the declared

disaster.

(3) The power to expand the exemption in Section 4(a)

of the Pharmacy Practice Act to those licensed

professionals whose scope of practice has been modified,

under paragraph (2) of subsection (a) of this Section, to

include any element of the practice of pharmacy as defined

in the Pharmacy Practice Act for any person working under

the direction of the Illinois Emergency Management Agency

and the Illinois Department of Public Health pursuant to

the declared disaster.

(b) Persons exempt from licensure under paragraph (1) of

subsection (a) of this Section and persons operating under

modified scope of practice provisions under paragraph (2) of

subsection (a) of this Section shall be exempt from licensure

or be subject to modified scope of practice only until the

declared disaster has ended as provided by law. For purposes of

this Section, persons working under the direction of an

emergency services and disaster agency accredited by the

Illinois Emergency Management Agency and a local public health

department, pursuant to a declared disaster, shall be deemed to

be working under the direction of the Illinois Emergency

Management Agency and the Department of Public Health.

(c) The Secretary or the Director, as his or her designee,

shall exercise these powers by way of proclamation.

(Source: P.A. 94-733, eff. 4-27-06; 95-689, eff. 10-29-07.)

(20 ILCS 2105/2105-150 rep.)

(20 ILCS 2105/2105-350 rep.)

Section 910. The Department of Professional Regulation Law

of the Civil Administrative Code of Illinois is amended by

repealing Sections 2105-150 and 2105-350.

Section 915. The Clinical Psychologist Licensing Act is

amended by changing Section 3 and by adding Section 24.2 as

follows:

(225 ILCS 15/3) (from Ch. 111, par. 5353)

(Section scheduled to be repealed on January 1, 2017)

Sec. 3. Necessity of license; corporations, professional

limited liability companies, partnerships, and associations;

display of license.

(a) No individual, partnership, association or corporation

shall, without a valid license as a clinical psychologist

issued by the Department, in any manner hold himself or herself

out to the public as a psychologist or clinical psychologist

under the provisions of this Act or render or offer to render

clinical psychological services as defined in paragraph 7 of

Section 2 of this Act; or attach the title "clinical

psychologist", "psychologist" or any other name or designation

which would in any way imply that he or she is able to practice

as a clinical psychologist; or offer to render or render, to

individuals, corporations or the public, clinical

psychological services as defined in paragraph 7 of Section 2

of this Act.

No person may engage in the practice of clinical

psychology, as defined in paragraph (5) of Section 2 of this

Act, without a license granted under this Act, except as

otherwise provided in this Act.

(b) No association or partnership shall be granted a

license and no professional limited liability company shall

provide, attempt to provide, or offer to provide clinical

psychological services unless every member, partner, and

employee of the association, or partnership, or professional

limited liability company who renders clinical psychological

services holds a currently valid license issued under this Act.

No license shall be issued by the Department to a corporation

that (i) has a stated purpose that includes clinical

psychology, or (ii) practices or holds itself out as available

to practice clinical psychology, unless it is organized under

the Professional Service Corporation Act.

(c) Individuals, corporations, professional limited

liability companies, partnerships, and associations may employ

practicum students, interns or postdoctoral candidates seeking

to fulfill educational requirements or the professional

experience requirements needed to qualify for a license as a

clinical psychologist to assist in the rendering of services,

provided that such employees function under the direct

supervision, order, control and full professional

responsibility of a licensed clinical psychologist in the

corporation, professional limited liability company,

partnership, or association. Nothing in this paragraph shall

prohibit a corporation, professional limited liability

company, partnership, or association from contracting with a

licensed health care professional to provide services.

(c-5) Nothing in this Act shall preclude individuals

licensed under this Act from practicing directly or indirectly

for a physician licensed to practice medicine in all its

branches under the Medical Practice Act of 1987 or for any

legal entity as provided under subsection (c) of Section 22.2

of the Medical Practice Act of 1987.

Nothing in this Act shall preclude individuals licensed

under this Act from practicing directly or indirectly for any

hospital licensed under the Hospital Licensing Act or any

hospital affiliate as defined in Section 10.8 of the Hospital

Licensing Act and any hospital authorized under the University

of Illinois Hospital Act.

(d) Nothing in this Act shall prevent the employment, by a

clinical psychologist, individual, association, partnership,

professional limited liability company, or a corporation

furnishing clinical psychological services for remuneration,

of persons not licensed as clinical psychologists under the

provisions of this Act to perform services in various

capacities as needed, provided that such persons are not in any

manner held out to the public as rendering clinical

psychological services as defined in paragraph 7 of Section 2

of this Act. Nothing contained in this Act shall require any

hospital, clinic, home health agency, hospice, or other entity

that provides health care services to employ or to contract

with a clinical psychologist licensed under this Act to perform

any of the activities under paragraph (5) of Section 2 of this

Act.

(e) Nothing in this Act shall be construed to limit the

services and use of official title on the part of a person, not

licensed under the provisions of this Act, in the employ of a

State, county or municipal agency or other political

subdivision insofar that such services are a part of the duties

in his or her salaried position, and insofar that such services

are performed solely on behalf of his or her employer.

Nothing contained in this Section shall be construed as

permitting such person to offer their services as psychologists

to any other persons and to accept remuneration for such

psychological services other than as specifically excepted

herein, unless they have been licensed under the provisions of

this Act.

(f) Duly recognized members of any bonafide religious

denomination shall not be restricted from functioning in their

ministerial capacity provided they do not represent themselves

as being clinical psychologists or providing clinical

psychological services.

(g) Nothing in this Act shall prohibit individuals not

licensed under the provisions of this Act who work in self-help

groups or programs or not-for-profit organizations from

providing services in those groups, programs, or

organizations, provided that such persons are not in any manner

held out to the public as rendering clinical psychological

services as defined in paragraph 7 of Section 2 of this Act.

(h) Nothing in this Act shall be construed to prevent a

person from practicing hypnosis without a license issued under

this Act provided that the person (1) does not otherwise engage

in the practice of clinical psychology including, but not

limited to, the independent evaluation, classification, and

treatment of mental, emotional, behavioral, or nervous

disorders or conditions, developmental disabilities,

alcoholism and substance abuse, disorders of habit or conduct,

the psychological aspects of physical illness, (2) does not

otherwise engage in the practice of medicine including, but not

limited to, the diagnosis or treatment of physical or mental

ailments or conditions, and (3) does not hold himself or

herself out to the public by a title or description stating or

implying that the individual is a clinical psychologist or is

licensed to practice clinical psychology.

(i) Every licensee under this Act shall prominently display

the license at the licensee's principal office, place of

business, or place of employment and, whenever requested by any

representative of the Department, must exhibit the license.

(Source: P.A. 94-870, eff. 6-16-06.)

(225 ILCS 15/24.2 new)

Sec. 24.2. Confidentiality. All information collected by

the Department in the course of an examination or investigation

of a licensee or applicant, including, but not limited to, any

complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to

any other agency or person. A formal complaint filed against a

licensee by the Department or any order issued by the

Department against a licensee or applicant shall be a public

record, except as otherwise prohibited by law.

Section 920. The Clinical Social Work and Social Work

Practice Act is amended by changing Section 10 and by adding

Section 34.1 as follows:

(225 ILCS 20/10) (from Ch. 111, par. 6360)

(Section scheduled to be repealed on January 1, 2018)

Sec. 10. License restrictions and limitations.

(a) No person shall, without a license as a social worker

issued by the Department: (i) in any manner hold himself or

herself out to the public as a social worker under this Act;

(ii) use the title "social worker" or "licensed social worker";

or (iii) offer to render to individuals, corporations, or the

public social work services if the words "social work" or

"licensed social worker" are used to describe the person

offering to render or rendering the services or to describe the

services rendered or offered to be rendered.

(b) No person shall, without a license as a clinical social

worker issued by the Department: (i) in any manner hold himself

or herself out to the public as a clinical social worker or

licensed clinical social worker under this Act; (ii) use the

title "clinical social worker" or "licensed clinical social

worker"; or (iii) offer to render to individuals, corporations,

or the public clinical social work services if the words

"licensed clinical social worker" or "clinical social work" are

used to describe the person to render or rendering the services

or to describe the services rendered or offered to be rendered.

(c) Licensed social workers may not engage in independent

practice of clinical social work without a clinical social

worker license. In independent practice, a licensed social

worker shall practice at all times under the order, control,

and full professional responsibility of a licensed clinical

social worker, a licensed clinical psychologist, or a

psychiatrist, as defined in Section 1-121 of the Mental Health

and Developmental Disabilities Code.

(d) No association, or partnership, or professional

limited liability company shall provide, attempt to provide, or

offer to provide social work or clinical social work services

be granted a license unless every member, partner, and employee

of the association, or partnership, or professional limited

liability company who practices social work or clinical social

work, or who renders social work or clinical social work

services, holds a current license issued under this Act. No

business shall provide, attempt to provide, or offer to provide

social work or clinical social work services license shall be

issued to a corporation, the stated purpose of which includes

or that practices or holds itself out as available to practice

social work or clinical social work unless it is organized

under the Professional Service Corporation Act, the Medical

Corporation Act, or the Professional Limited Liability Company

Act.

(e) Nothing in this Act shall preclude individuals licensed

under this Act from practicing directly or indirectly for a

physician licensed to practice medicine in all its branches

under the Medical Practice Act of 1987 or for any legal entity

as provided under subsection (c) of Section 22.2 of the Medical

Practice Act of 1987.

Nothing in this Act shall preclude individuals licensed

under this Act from practicing directly or indirectly for any

hospital licensed under the Hospital Licensing Act or any

hospital affiliate as defined in Section 10.8 of the Hospital

Licensing Act and any hospital authorized under the University

of Illinois Hospital Act.

(Source: P.A. 90-150, eff. 12-30-97.)

(225 ILCS 20/34.1 new)

Sec. 34.1. Confidentiality. All information collected by

the Department in the course of an examination or investigation

of a licensee or applicant, including, but not limited to, any

complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to

any other agency or person. A formal complaint filed against a

licensee by the Department or any order issued by the

Department against a licensee or applicant shall be a public

record, except as otherwise prohibited by law.

(225 ILCS 20/18 rep.)

Section 925. The Clinical Social Work and Social Work

Practice Act is amended by repealing Section 18.

Section 930. The Marriage and Family Therapy Licensing Act

is amended by changing Section 75 and by adding Section 156 as

follows:

(225 ILCS 55/75) (from Ch. 111, par. 8351-75)

(Section scheduled to be repealed on January 1, 2018)

Sec. 75. License restrictions and limitations. Practice by

corporations. No association, partnership, or professional

limited liability company shall provide, attempt to provide, or

offer to provide marriage and family therapy services unless

every member, partner, and employee of the association,

partnership, or professional limited liability company who

practices marriage and family therapy or who renders marriage

and family therapy services holds a current license issued

under this Act. No business shall provide, attempt to provide,

or offer to provide license shall be issued by the Department

to any corporation (i) that has a stated purpose that includes,

or (ii) that practices or holds itself out as available to

practice, marriage and family therapy services , unless it is

organized under the Professional Service Corporation Act or

Professional Limited Liability Company Act. Nothing in this Act

shall preclude individuals licensed under this Act from

practicing directly or indirectly for a physician licensed to

practice medicine in all its branches under the Medical

Practice Act of 1987 or for any legal entity as provided under

subsection (c) of Section 22.2 of the Medical Practice Act of

1987.

(Source: P.A. 87-783.)

(225 ILCS 55/156 new)

Sec. 156. Confidentiality. All information collected by

the Department in the course of an examination or investigation

of a licensee or applicant, including, but not limited to, any

complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to

any other agency or person. A formal complaint filed against a

licensee by the Department or any order issued by the

Department against a licensee or applicant shall be a public

record, except as otherwise prohibited by law.

Section 935. The Professional Counselor and Clinical

Professional Counselor Licensing and Practice Act is amended by

changing Section 20 as follows:

(225 ILCS 107/20)

(Section scheduled to be repealed on January 1, 2023)

Sec. 20. Restrictions and limitations.

(a) No person shall, without a valid license as a

professional counselor issued by the Department: (i) in any

manner hold himself or herself out to the public as a

professional counselor under this Act; (ii) attach the title

"professional counselor" or "licensed professional counselor";

or (iii) offer to render or render to individuals,

corporations, or the public professional counseling services.

(b) No person shall, without a valid license as a clinical

professional counselor issued by the Department: (i) in any

manner hold himself or herself out to the public as a clinical

professional counselor or licensed clinical professional

counselor under this Act; (ii) attach the title "clinical

professional counselor" or "licensed clinical professional

counselor"; or (iii) offer to render to individuals,

corporations, or the public clinical professional counseling

services.

(c) (Blank).

(d) No association, limited liability company,

professional limited liability company, or partnership shall

provide, attempt to provide, or offer to provide practice

clinical professional counseling or professional counseling

services unless every member, partner, and employee of the

association, limited liability company, professional limited

liability company, or partnership who practices professional

counseling or clinical professional counseling, or who renders

professional counseling or clinical professional counseling

services, holds a currently valid license issued under this

Act. No business shall provide, attempt to provide, or offer to

provide license shall be issued to a corporation, the stated

purpose of which includes or which practices or which holds

itself out as available to practice professional counseling or

clinical professional counseling services unless it is

organized under the Professional Service Corporation Act or

Professional Limited Liability Company Act.

(d-5) Nothing in this Act shall preclude individuals

licensed under this Act from practicing directly or indirectly

for a physician licensed to practice medicine in all its

branches under the Medical Practice Act of 1987 or for any

legal entity as provided under subsection (c) of Section 22.2

of the Medical Practice Act of 1987.

(e) Nothing in this Act shall be construed as permitting

persons licensed as professional counselors or clinical

professional counselors to engage in any manner in the practice

of medicine in all its branches as defined by law in this

State.

(f) When, in the course of providing professional

counseling or clinical professional counseling services to any

person, a professional counselor or clinical professional

counselor licensed under this Act finds indication of a disease

or condition that in his or her professional judgment requires

professional service outside the scope of practice as defined

in this Act, he or she shall refer that person to a physician

licensed to practice medicine in all of its branches or another

appropriate health care practitioner.

(Source: P.A. 97-706, eff. 6-25-12.)

Section 940. The Sex Offender Evaluation and Treatment

Provider Act is amended by changing Section 40 as follows:

(225 ILCS 109/40)

Sec. 40. Application; exemptions.

(a) No person may act as a sex offender evaluator, sex

offender treatment provider, or associate sex offender

provider as defined in this Act for the provision of sex

offender evaluations or sex offender treatment pursuant to the

Sex Offender Management Board Act, the Sexually Dangerous

Persons Act, or the Sexually Violent Persons Commitment Act

unless the person is licensed to do so by the Department. Any

evaluation or treatment services provided by a licensed health

care professional not licensed under this Act shall not be

valid under the Sex Offender Management Board Act, the Sexually

Dangerous Persons Act, or the Sexually Violent Persons

Commitment Act. No business shall provide, attempt to provide,

or offer to provide sex offender evaluation services unless it

is organized under the Professional Service Corporation Act,

the Medical Corporation Act, or the Professional Limited

Liability Company Act.

(b) Nothing in this Act shall be construed to require any

licensed physician, advanced practice nurse, physician

assistant, or other health care professional to be licensed

under this Act for the provision of services for which the

person is otherwise licensed. This Act does not prohibit a

person licensed under any other Act in this State from engaging

in the practice for which he or she is licensed. This Act only

applies to the provision of sex offender evaluations or sex

offender treatment provided for the purposes of complying with

the Sex Offender Management Board Act, the Sexually Dangerous

Persons Act, or the Sexually Violent Persons Commitment Act.

(Source: P.A. 97-1098, eff. 7-1-13.)

Section 945. The Collection Agency Act is amended by

changing Sections 2, 2.03, 2.04, 3, 4, 4.5, 5, 7, 8, 8a, 8b,

8c, 9, 9.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.22, 11, 13.1, 13.2, 14a,

14b, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 and by

adding Sections 30, 35, 40, 45, 50, and 55 as follows:

(225 ILCS 425/2) (from Ch. 111, par. 2002)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2. Definitions. In this Act:

"Address of record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit. It is the duty of the applicant or

licensee to inform the Department of any change of address and

those changes must be made either through the Department's

website or by contacting the Department.

"Board" means the Collection Agency Licensing and

Disciplinary Board.

"Charge-off balance" means an account principal and other

legally collectible costs, expenses, and interest accrued

prior to the charge-off date, less any payments or settlement.

"Charge-off date" means the date on which a receivable is

treated as a loss or expense.

"Credit Consumer credit transaction" means a transaction

between a natural person and another person in which property,

service, or money is acquired on credit by that natural person

from such other person primarily for personal, family, or

household purposes.

"Consumer debt" or "consumer credit" means money,

property, or their equivalent, due or owing or alleged to be

due or owing from a natural person by reason of a consumer

credit transaction.

"Creditor" means a person who extends consumer credit to a

debtor.

"Current balance" means the charge-off balance plus any

legally collectible costs, expenses, and interest, less any

credits or payments.

"Debt" means money, property, or their equivalent which is

due or owing or alleged to be due or owing from a natural

person to another person.

"Debt buyer" means a person or entity that is engaged in

the business of purchasing delinquent or charged-off consumer

loans or consumer credit accounts or other delinquent consumer

debt for collection purposes, whether it collects the debt

itself or hires a third-party for collection or an

attorney-at-law for litigation in order to collect such debt.

"Debt collection" means any act or practice in connection

with the collection of consumer debts.

"Debt collector", "collection agency", or "agency" means

any person who, in the ordinary course of business, regularly,

on behalf of himself or herself or others, engages in debt

collection.

"Debtor" means a natural person from whom a collection

agency debt collector seeks to collect a consumer or commercial

debt that is due and owing or alleged to be due and owing from

such person.

"Department" means Division of Professional Regulation

within the Department of Financial and Professional

Regulation.

"Director" means the Director of the Division of

Professional Regulation within the Department of Financial and

Professional Regulation.

"Person" means a natural person, partnership, corporation,

limited liability company, trust, estate, cooperative,

association, or other similar entity.

"Licensed collection agency" means a person who is licensed

under this Act to engage in the practice of debt collection in

Illinois.

"Secretary" means the Secretary of Financial and

Professional Regulation.

(Source: P.A. 97-1070, eff. 1-1-13.)

(225 ILCS 425/2.03) (from Ch. 111, par. 2005)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2.03. Exemptions. This Act does not apply to persons

whose collection activities are confined to and are directly

related to the operation of a business other than that of a

collection agency, and specifically does not include the

following:

1. Banks, including trust departments, affiliates, and

subsidiaries thereof, fiduciaries, and financing and

lending institutions (except those who own or operate

collection agencies);

2. Abstract companies doing an escrow business;

3. Real estate brokers when acting in the pursuit of

their profession;

4. Public officers and judicial officers acting under

order of a court;

5. Licensed attorneys at law;

6. Insurance companies;

7. Credit unions, including affiliates and

subsidiaries thereof (except those who own or operate

collection agencies);

8. Loan and finance companies, including entities

licensed pursuant to the Residential Mortgage License Act

of 1987;

9. Retail stores collecting their own accounts;

10. Unit Owner's Associations established under the

Condominium Property Act, and their duly authorized

agents, when collecting assessments from unit owners; and

11. Any person or business under contract with a

creditor to notify the creditor's debtors of a debt using

only the creditor's name.

(Source: P.A. 95-437, eff. 1-1-08.)

(225 ILCS 425/2.04) (from Ch. 111, par. 2005.1)

(Section scheduled to be repealed on January 1, 2016)

Sec. 2.04. Child support debt indebtedness.

(a) Collection agencies Persons, associations,

partnerships, corporations, or other legal entities engaged in

the business of collecting child support debt indebtedness

owing under a court order as provided under the Illinois Public

Aid Code, the Illinois Marriage and Dissolution of Marriage

Act, the Non-Support of Spouse and Children Act, the

Non-Support Punishment Act, the Illinois Parentage Act of 1984,

or similar laws of other states are not restricted (i) in the

frequency of contact with an obligor who is in arrears, whether

by phone, mail, or other means, (ii) from contacting the

employer of an obligor who is in arrears, (iii) from publishing

or threatening to publish a list of obligors in arrears, (iv)

from disclosing or threatening to disclose an arrearage that

the obligor disputes, but for which a verified notice of

delinquency has been served under the Income Withholding for

Support Act (or any of its predecessors, Section 10-16.2 of the

Illinois Public Aid Code, Section 706.1 of the Illinois

Marriage and Dissolution of Marriage Act, Section 22 4.1 of the

Non-Support Punishment of Spouse and Children Act, Section 26.1

of the Revised Uniform Reciprocal Enforcement of Support Act,

or Section 20 of the Illinois Parentage Act of 1984), or (v)

from engaging in conduct that would not cause a reasonable

person mental or physical illness. For purposes of this

subsection, "obligor" means an individual who owes a duty to

make periodic payments, under a court order, for the support of

a child. "Arrearage" means the total amount of an obligor's

unpaid child support obligations.

(a-5) A collection agency may not impose a fee or charge,

including costs, for any child support payments collected

through the efforts of a federal, State, or local government

agency, including but not limited to child support collected

from federal or State tax refunds, unemployment benefits, or

Social Security benefits.

No collection agency that collects child support payments

shall (i) impose a charge or fee, including costs, for

collection of a current child support payment, (ii) fail to

apply collections to current support as specified in the order

for support before applying collection to arrears or other

amounts, or (iii) designate a current child support payment as

arrears or other amount owed. In all circumstances, the

collection agency shall turn over to the obligee all support

collected in a month up to the amount of current support

required to be paid for that month.

As to any fees or charges, including costs, retained by the

collection agency, that agency shall provide documentation to

the obligee demonstrating that the child support payments

resulted from the actions of the agency.

After collection of the total amount or arrearage,

including statutory interest, due as of the date of execution

of the collection contract, no further fees may be charged.

(a-10) The Department of Professional Regulation shall

determine a fee rate of not less than 25% but not greater than

35%, based upon presentation by the licensees as to costs to

provide the service and a fair rate of return. This rate shall

be established by administrative rule.

Without prejudice to the determination by the Department of

the appropriate rate through administrative rule, a collection

agency shall impose a fee of not more than 29% of the amount of

child support actually collected by the collection agency

subject to the provisions of subsection (a-5). This interim

rate is based upon the March 2002 General Account Office report

"Child Support Enforcement", GAO-02-349. This rate shall apply

until a fee rate is established by administrative rule.

(b) The Department shall adopt rules necessary to

administer and enforce the provisions of this Section.

(Source: P.A. 93-896, eff. 8-10-04; 94-414, eff. 12-31-05.)

(225 ILCS 425/3) (from Ch. 111, par. 2006)

(Section scheduled to be repealed on January 1, 2016)

Sec. 3. A person, association, partnership, corporation,

or other legal entity acts as a collection agency when he, she,

or it:

(a) Engages in the business of collection for others of

any account, bill or other debt indebtedness;

(b) Receives, by assignment or otherwise, accounts,

bills, or other debt indebtedness from any person owning or

controlling 20% or more of the business receiving the

assignment, with the purpose of collecting monies due on

such account, bill or other debt indebtedness;

(c) Sells or attempts to sell, or gives away or

attempts to give away to any other person, other than one

licensed registered under this Act, any system of

collection, letters, demand forms, or other printed matter

where the name of any person, other than that of the

creditor, appears in such a manner as to indicate, directly

or indirectly, that a request or demand is being made by

any person other than the creditor for the payment of the

sum or sums due or asserted to be due;

(d) Buys accounts, bills or other debt indebtedness and

engages in collecting the same; or

(e) Uses a fictitious name in collecting its own

accounts, bills, or debts with the intention of conveying

to the debtor that a third party has been employed to make

such collection; or .

(f) Engages in the business of collection of a check or

other payment that is returned unpaid by the financial

institution upon which it is drawn.

(Source: P.A. 94-414, eff. 12-31-05; 95-437, eff. 1-1-08.)

(225 ILCS 425/4) (from Ch. 111, par. 2007)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4. No collection agency shall operate in this State,

directly or indirectly engage in the business of collecting

debt, solicit debt claims for others, have a sales office, a

client, or solicit a client in this State, exercise the right

to collect, or receive payment for another of any debt account,

bill or other indebtedness, without obtaining a license

registering under this Act except that no collection agency

shall be required to be licensed or maintain an established

business address in this State if the agency's activities in

this State are limited to collecting debts from debtors located

in this State by means of interstate communication, including

telephone, mail, or facsimile transmission, electronic mail,

or any other Internet communication from the agency's location

in another state provided they are licensed in that state and

these same privileges are permitted in that licensed state to

agencies licensed in Illinois.

(Source: P.A. 88-363; 89-387, eff. 1-1-96.)

(225 ILCS 425/4.5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 4.5. Unlicensed practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts

to practice, or holds oneself out to practice as a collection

agency without being licensed under this Act shall, in addition

to any other penalty provided by law, pay a civil penalty to

the Department in an amount not to exceed $10,000 $5,000 for

each offense as determined by the Department. The civil penalty

shall be assessed by the Department after a hearing is held in

accordance with the provisions set forth in this Act regarding

the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to

investigate any and all unlicensed activity. In addition to

taking any other action provided under this Act, whenever the

Department has reason to believe a person, association,

partnership, corporation, or other legal entity has violated

any provision of subsection (a) of this Section, the Department

may issue a rule to show cause why an order to cease and desist

should not be entered against that person, association,

partnership, corporation, or other legal entity. The rule shall

clearly set forth the grounds relied upon by the Department and

shall provide a period of 7 days from the date of the rule to

file an answer to the satisfaction of the Department. Failure

to answer to the satisfaction of the Department shall cause an

order to cease and desist to be issued immediately.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty. The

order shall constitute a judgment and may be filed and

execution had thereon in the same manner as any judgment from

any court of record.

(d) All moneys collected under this Section shall be

deposited into the General Professions Dedicated Fund.

(Source: P.A. 94-414, eff. 12-31-05.)

(225 ILCS 425/5) (from Ch. 111, par. 2008)

(Section scheduled to be repealed on January 1, 2016)

Sec. 5. Application for original license. Application for

an original license registration shall be made to the Secretary

Director on forms provided by the Department, shall be

accompanied by the required fee and shall state:

(1) the applicant's name and address;

(2) the names and addresses of the officers of the

collection agency and, if the collection agency is a

corporation, the names and addresses of all persons owning

10% or more of the stock of such corporation, if the

collection agency is a partnership, the names and addresses

of all partners of the partnership holding a 10% or more

interest in the partnership, and, if the collection agency

is a limited liability company, the names and addresses of

all members holding 10% or more interest in the limited

liability company, and if the collection agency is any

other legal business entity, the names and addresses of all

persons owning 10% or more interest in the entity; and

(3) such other information as the Department may deem

necessary.

(Source: P.A. 94-414, eff. 12-31-05.)

(225 ILCS 425/7) (from Ch. 111, par. 2010)

(Section scheduled to be repealed on January 1, 2016)

Sec. 7. Qualifications for license. In order to be

qualified to obtain a license or a renewal license certificate

or a renewal certificate under this Act, a collection agency's

officers shall:

(a) be of good moral character and of the age of 18 years

or more;

(b) (blank); and have had at least one year experience

working in the credit field or a related area, or be qualified

for an original license under Section 6 (c) of this Act;

(c) have an acceptable credit rating, have no unsatisfied

judgments; and not have been officers and owners of 10% or more

interest of a former licensee or registrant under this Act

whose licenses or certificates were suspended or revoked

without subsequent reinstatement.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/8) (from Ch. 111, par. 2011)

(Section scheduled to be repealed on January 1, 2016)

Sec. 8. Bond requirement. A Before issuing a certificate or

renewing one, the Director shall require each collection agency

shall be required to file and maintain in force a surety bond,

issued by an insurance company authorized to transact fidelity

and surety business in the State of Illinois. The bond shall be

for the benefit of creditors who obtain a judgment from a court

of competent jurisdiction based on the failure of the agency to

remit money collected on account and owed to the creditor. No

action on the bond shall be commenced more than one year after

the creditor obtains a judgment against the collection agency

from a court of competent jurisdiction. The bond shall be in

the form prescribed by the Secretary Director in the sum of

$25,000. The bond shall be continuous in form and run

concurrently with the original and each renewal license period

unless terminated by the insurance company. An insurance

company may terminate a bond and avoid further liability by

filing a 60-day notice of termination with the Department and

at the same time sending the same notice to the agency. A

license certificate of registration shall be cancelled on the

termination date of the agency's bond unless a new bond is

filed with the Department to become effective at the

termination date of the prior bond. If a license certificate of

registration has been cancelled under this Section, the agency

must file a new application and will be considered a new

applicant if it obtains a new bond.

(Source: P.A. 84-242.)

(225 ILCS 425/8a) (from Ch. 111, par. 2011a)

(Section scheduled to be repealed on January 1, 2016)

Sec. 8a. Fees.

(a) The Department shall provide by rule for a schedule of

fees for the administration and enforcement of this Act,

including but not limited to original licensure, renewal, and

restoration, shall be set by the Department by rule. The fees

shall be nonrefundable.

(b) All fees collected under this Act shall be deposited

into the General Professions Dedicated Fund and shall be

appropriated to the Department for the ordinary and contingent

expenses of the Department in the administration of this Act.

(Source: P.A. 91-454, eff. 1-1-00.)

(225 ILCS 425/8b) (from Ch. 111, par. 2011b)

(Section scheduled to be repealed on January 1, 2016)

Sec. 8b. Assignment for collection. An account may be

assigned to a collection agency for collection with title

passing to the collection agency to enable collection of the

account in the agency's name as assignee for the creditor

provided:

(a) The assignment is manifested by a written agreement,

separate from and in addition to any document intended for the

purpose of listing a debt with a collection agency. The

document manifesting the assignment shall specifically state

and include:

(i) the effective date of the assignment; and

(ii) the consideration for the assignment.

(b) The consideration for the assignment may be paid or

given either before or after the effective date of the

assignment. The consideration may be contingent upon the

settlement or outcome of litigation and if the debt claim being

assigned has been listed with the collection agency as an

account for collection, the consideration for assignment may be

the same as the fee for collection.

(c) All assignments shall be voluntary and properly

executed and acknowledged by the corporate authority or

individual transferring title to the collection agency before

any action can be taken in the name of the collection agency.

(d) No assignment shall be required by any agreement to

list a debt with a collection agency as an account for

collection.

(e) No litigation shall commence in the name of the

licensee as plaintiff unless: (i) there is an assignment of the

account that satisfies the requirements of this Section and

(ii) the licensee is represented by a licensed attorney at law.

(f) If a collection agency takes assignments of accounts

from 2 or more creditors against the same debtor and commences

litigation against that debtor in a single action, in the name

of the collection agency, then (i) the complaint must be stated

in separate counts for each assignment and (ii) the debtor has

an absolute right to have any count severed from the rest of

the action.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/8c) (from Ch. 111, par. 2011c)

(Section scheduled to be repealed on January 1, 2016)

Sec. 8c. (a) Each licensed collection agency office shall

at all times maintain a separate bank account in which all

monies received on debts claims shall be deposited, referred to

as a "Trust Account", except that negotiable instruments

received may be forwarded directly to a creditor if such

procedure is provided for by a writing executed by the

creditor. Monies received shall be so deposited within 5

business days after posting to the agency's books of account.

There shall be sufficient funds in the trust account at all

times to pay the creditors the amount due them.

(b) The trust account shall be established in a bank,

savings and loan association, or other recognized depository

which is federally or State insured or otherwise secured as

defined by rule. Such account may be interest bearing. The

licensee shall pay to the creditor interest earned on funds on

deposit after the sixtieth day.

(c) Notwithstanding any contractual arrangement, every

client of a licensee shall within 60 days after the close of

each calendar month, account and pay to the licensee collection

agency all sums owed to the collection agency for payments

received by the client during that calendar month on debts

claims in possession of the collection agency. If a client

fails to pay the licensee any sum due under this Section, the

licensee shall, in addition to other remedies provided by law,

have the right to offset any money due the licensee under this

Section against any moneys due the client.

(d) Each collection agency shall keep on file the name of

the bank, savings and loan association, or other recognized

depository in which each trust account is maintained, the name

of each trust account, and the names of the persons authorized

to withdraw funds from each account.

The collection agency, within 30 days of the time of a

change of depository or person authorized to make withdrawal,

shall update its files to reflect such change.

An examination and audit of an agency's trust accounts may

be made by the Department as the Department deems appropriate.

A trust account financial report shall be submitted

annually on forms provided by the Department.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/9) (from Ch. 111, par. 2012)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9. Disciplinary actions.

(a) The Department may refuse to issue or renew, or may

revoke, suspend, place on probation, reprimand or take other

disciplinary or non-disciplinary action as the Department may

deem proper, including fines not to exceed $5,000 for a first

violation and not to exceed $10,000 per violation for a second

or subsequent violation, for any one or any combination of the

following causes:

(1) Material misstatement in furnishing information to

the Department.

(2) (1) Violations of this Act or of the rules

promulgated hereunder.

(3) (2) Conviction by plea of guilty or nolo

contendere, finding of guilt, jury verdict, or entry of

judgment or by sentencing of any crime, including, but not

limited to, convictions, preceding sentences of

supervision, conditional discharge, or first offender

probation of the collection agency or any of the officers

or owners of more than 10% interest principals of the

agency of any crime under the laws of any U.S. jurisdiction

that (i) is a felony, (ii) is a misdemeanor, an essential

element of which is dishonesty, or (iii) is directly

related to the practice of a collection agency any U.S.

jurisdiction which is a felony, a misdemeanor an essential

element of which is dishonesty, or of any crime which

directly relates to the practice of the profession.

(4) Fraud or (3) Making any misrepresentation in

applying for, or procuring, a license under this Act or in

connection with applying for renewal of for the purpose of

obtaining a license under this Act or certificate.

(5) Aiding or assisting another person in violating any

provision of this Act or rules adopted under this Act.

(6) Failing, within 60 days, to provide information in

response to a written request made by the Department.

(7) (4) Habitual or excessive use or addiction to

alcohol, narcotics, stimulants or any other chemical agent

or drug which results in the inability to practice with

reasonable judgment, skill, or safety by any of the

officers or owners of 10% or more interest principals of a

collection agency.

(8) (5) Discipline by another state, the District of

Columbia, a territory of the United States, U.S.

jurisdiction or a foreign nation, if at least one of the

grounds for the discipline is the same or substantially

equivalent to those set forth in this Act.

(9) (6) A finding by the Department that the licensee,

after having his license placed on probationary status, has

violated the terms of probation.

(10) Willfully making or filing false records or

reports in his or her practice, including, but not limited

to, false records filed with State agencies or departments.

(11) (7) Practicing or attempting to practice under a

false or, except as provided by law, an assumed name a name

other than the name as shown on his or her license or any

other legally authorized name.

(12) (8) A finding by the Federal Trade Commission that

a licensee violated the federal Federal Fair Debt and

Collection Practices Act or its rules.

(13) (9) Failure to file a return, or to pay the tax,

penalty or interest shown in a filed return, or to pay any

final assessment of tax, penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue until such time as the requirements of any such tax

Act are satisfied.

(14) (10) Using or threatening to use force or violence

to cause physical harm to a debtor, his or her family or

his or her property.

(15) (11) Threatening to instigate an arrest or

criminal prosecution where no basis for a criminal

complaint lawfully exists.

(16) (12) Threatening the seizure, attachment or sale

of a debtor's property where such action can only be taken

pursuant to court order without disclosing that prior court

proceedings are required.

(17) (13) Disclosing or threatening to disclose

information adversely affecting a debtor's reputation for

credit worthiness with knowledge the information is false.

(18) (14) Initiating or threatening to initiate

communication with a debtor's employer unless there has

been a default of the payment of the obligation for at

least 30 days and at least 5 days prior written notice, to

the last known address of the debtor, of the intention to

communicate with the employer has been given to the

employee, except as expressly permitted by law or court

order.

(19) (15) Communicating with the debtor or any member

of the debtor's family at such a time of day or night and

with such frequency as to constitute harassment of the

debtor or any member of the debtor's family. For purposes

of this Section the following conduct shall constitute

harassment:

(A) Communicating with the debtor or any member of

his or her family in connection with the collection of

any debt without the prior consent of the debtor given

directly to the debt collector, or the express

permission of a court of competent jurisdiction, at any

unusual time or place or a time or place known or which

should be known to be inconvenient to the debtor. In

the absence of knowledge of circumstances to the

contrary, a debt collector shall assume that the

convenient time for communicating with a consumer is

after 8 o'clock a.m. and before 9 o'clock p.m. local

time at the debtor's location.

(B) The threat of publication or publication of a

list of consumers who allegedly refuse to pay debts,

except to a consumer reporting agency.

(C) The threat of advertisement or advertisement

for sale of any debt to coerce payment of the debt.

(D) Causing a telephone to ring or engaging any

person in telephone conversation repeatedly or

continuously with intent to annoy, abuse, or harass any

person at the called number.

(20) (16) Using profane, obscene or abusive language in

communicating with a debtor, his or her family or others.

(21) (17) Disclosing or threatening to disclose

information relating to a debtor's debt indebtedness to any

other person except where such other person has a

legitimate business need for the information or except

where such disclosure is permitted regulated by law.

(22) (18) Disclosing or threatening to disclose

information concerning the existence of a debt which the

collection agency debt collector knows to be reasonably

disputed by the debtor without disclosing the fact that the

debtor disputes the debt.

(23) (19) Engaging in any conduct that is which the

Director finds was intended to cause and did cause mental

or physical illness to the debtor or his or her family.

(24) (20) Attempting or threatening to enforce a right

or remedy with knowledge or reason to know that the right

or remedy does not exist.

(25) (21) Failing to disclose to the debtor or his or

her family the corporate, partnership or proprietary name,

or other trade or business name, under which the collection

agency debt collector is engaging in debt collections and

which he or she is legally authorized to use.

(26) (22) Using any form of communication which

simulates legal or judicial process or which gives the

appearance of being authorized, issued or approved by a

governmental agency or official or by an attorney at law

when it is not.

(27) (23) Using any badge, uniform, or other indicia of

any governmental agency or official except as authorized by

law.

(28) (24) Conducting business under any name or in any

manner which suggests or implies that the collection agency

a debt collector is bonded if such collector is or is a

branch of or is affiliated in with any way with a

governmental agency or court if such collection agency

collector is not.

(29) (25) Failing to disclose, at the time of making

any demand for payment, the name of the person to whom the

debt claim is owed and at the request of the debtor, the

address where payment is to be made and the address of the

person to whom the debt claim is owed.

(30) (26) Misrepresenting the amount of the claim or

debt alleged to be owed.

(31) (27) Representing that an existing debt may be

increased by the addition of attorney's fees,

investigation fees or any other fees or charges when such

fees or charges may not legally be added to the existing

debt.

(32) (28) Representing that the collection agency debt

collector is an attorney at law or an agent for an attorney

if he or she is not.

(33) (29) Collecting or attempting to collect any

interest or other charge or fee in excess of the actual

debt or claim unless such interest or other charge or fee

is expressly authorized by the agreement creating the debt

or claim unless expressly authorized by law or unless in a

commercial transaction such interest or other charge or fee

is expressly authorized in a subsequent agreement. If a

contingency or hourly fee arrangement (i) is established

under an agreement between a collection agency and a

creditor to collect a debt and (ii) is paid by a debtor

pursuant to a contract between the debtor and the creditor,

then that fee arrangement does not violate this Section

unless the fee is unreasonable. The Department shall

determine what constitutes a reasonable collection fee.

(34) (30) Communicating or threatening to communicate

with a debtor when the collection agency debt collector is

informed in writing by an attorney that the attorney

represents the debtor concerning the debt claim, unless

authorized by the attorney. If the attorney fails to

respond within a reasonable period of time, the collector

may communicate with the debtor. The collector may

communicate with the debtor when the attorney gives his or

her consent.

(35) (31) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(b) The Department shall deny any license or renewal

authorized by this Act to any person who has defaulted on an

educational loan guaranteed by the Illinois State Scholarship

Commission; however, the Department may issue a license or

renewal if the person in default has established a satisfactory

repayment record as determined by the Illinois State

Scholarship Commission.

No collection agency debt collector while collecting or

attempting to collect a debt shall engage in any of the Acts

specified in this Section, each of which shall be unlawful

practice.

(Source: P.A. 94-414, eff. 12-31-05.)

(225 ILCS 425/9.1)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.1. Communication with persons other than debtor. Any

debt collector or collection agency communicating with any

person other than the debtor for the purpose of acquiring

location information about the debtor shall:

(1) identify himself or herself, state that he or she

is confirming or correcting location information

concerning the consumer, and, only if expressly requested,

identify his or her employer;

(2) not state that the consumer owes any debt;

(3) not communicate with any person more than once

unless requested to do so by the person or unless the debt

collector or collection agency reasonably believes that

the earlier response of the person is erroneous or

incomplete and that the person now has correct or complete

location information;

(4) not communicate by postcard;

(5) not use any language or symbol on any envelope or

in the contents of any communication effected by mail or

telegram that indicates that the debt collector or

collection agency is in the debt collection business or

that the communication relates to the collection of a debt;

and

(6) not communicate with any person other than the

attorney after the debt collector or collection agency

knows the debtor is represented by an attorney with regard

to the subject debt and has knowledge of or can readily

ascertain the attorney's name and address, not communicate

with any person other than the attorney, unless the

attorney fails to respond within a reasonable period of

time, not less than 30 days, to communication from the debt

collector or collection agency.

(Source: P.A. 95-437, eff. 1-1-08; 95-876, eff. 8-21-08.)

(225 ILCS 425/9.2)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.2. Communication in connection with debt

collection.

(a) Without the prior consent of the debtor given directly

to the debt collector or collection agency or the express

permission of a court of competent jurisdiction, a debt

collector or collection agency may not communicate with a

debtor in connection with the collection of any debt in any of

the following circumstances:

(1) At any unusual time, place, or manner that is known

or should be known to be inconvenient to the debtor. In the

absence of knowledge of circumstances to the contrary, a

debt collector or collection agency shall assume that the

convenient time for communicating with a debtor is after

8:00 8 o'clock a.m. and before 9:00 9 o'clock p.m. local

time at the debtor's location.

(2) If the debt collector or collection agency knows

the debtor is represented by an attorney with respect to

such debt and has knowledge of or can readily ascertain,

the attorney's name and address, unless the attorney fails

to respond within a reasonable period of time to a

communication from the debt collector or collection agency

or unless the attorney consents to direct communication

with the debtor.

(3) At the debtor's place of employment, if the debt

collector or collection agency knows or has reason to know

that the debtor's employer prohibits the debtor from

receiving such communication.

(b) Except as provided in Section 9.1 of this Act, without

the prior consent of the debtor given directly to the debt

collector or collection agency, or the express permission of a

court of competent jurisdiction, or as reasonably necessary to

effectuate a post judgment judicial remedy, a debt collector or

collection agency may not communicate, in connection with the

collection of any debt, with any person other than the debtor,

the debtor's attorney, a consumer reporting agency if otherwise

permitted by law, the creditor, the attorney of the creditor,

or the attorney of the collection agency.

(c) If a debtor notifies a debt collector or collection

agency in writing that the debtor refuses to pay a debt or that

the debtor wishes the debt collector or collection agency to

cease further communication with the debtor, the debt collector

or collection agency may not communicate further with the

debtor with respect to such debt, except to perform any of the

following tasks:

(1) Advise the debtor that the debt collector's or

collection agency's further efforts are being terminated.

(2) Notify the debtor that the collection agency or

creditor may invoke specified remedies that are ordinarily

invoked by such collection agency or creditor.

(3) Notify the debtor that the collection agency or

creditor intends to invoke a specified remedy.

If such notice from the debtor is made by mail,

notification shall be complete upon receipt.

(d) For the purposes of this Section, "debtor" includes the

debtor's spouse, parent (if the debtor is a minor), guardian,

executor, or administrator.

(Source: P.A. 95-437, eff. 1-1-08.)

(225 ILCS 425/9.3)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.3. Validation of debts.

(a) Within 5 days after the initial communication with a

debtor in connection with the collection of any debt, a debt

collector or collection agency shall, unless the following

information is contained in the initial communication or the

debtor has paid the debt, send the debtor a written notice with

each of the following disclosures:

(1) The amount of the debt.

(2) The name of the creditor to whom the debt is owed.

(3) That, unless the debtor, within 30 days after

receipt of the notice, disputes the validity of the debt,

or any portion thereof, the debt will be assumed to be

valid by the debt collector or collection agency.

(4) That, if the debtor notifies the debt collector or

collection agency in writing within the 30-day period that

the debt, or any portion thereof, is disputed, the debt

collector or collection agency will obtain verification of

the debt or a copy of a judgment against the debtor and a

copy of the verification or judgment will be mailed to the

debtor by the debt collector or collection agency.

(5) The That upon the debtor's written request within

the 30-day period, the debt collector or collection agency

will provide the debtor with the name and address of the

original creditor, if different from the current creditor.

If the disclosures required under this subsection (a) are

placed on the back of the notice, the front of the notice

shall contain a statement notifying debtors of that fact.

(b) If the debtor notifies the debt collector or collection

agency in writing within the 30-day period set forth in

paragraph (3) of subsection (a) of this Section that the debt,

or any portion thereof, is disputed or that the debtor requests

the name and address of the original creditor, the debt

collector or collection agency shall cease collection of the

debt, or any disputed portion thereof, until the debt collector

or collection agency obtains verification of the debt or a copy

of a judgment or the name and address of the original creditor

and mails a copy of the verification or judgment or name and

address of the original creditor to the debtor.

(c) The failure of a debtor to dispute the validity of a

debt under this Section shall not be construed by any court as

an admission of liability by the debtor.

(Source: P.A. 95-437, eff. 1-1-08.)

(225 ILCS 425/9.4)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.4. Debt collection as a result of identity theft.

(a) Upon receipt from a debtor of all of the following

information, a debt collector or collection agency must cease

collection activities until completion of the review provided

in subsection (d) of this Section:

(1) A copy of a police report filed by the debtor

alleging that the debtor is the victim of an identity theft

crime for the specific debt being collected by the

collection agency debt collector.

(2) The debtor's written statement that the debtor

claims to be the victim of identity theft with respect to

the specific debt being collected by the collection agency

debt collector, including (i) a Federal Trade Commission's

Affidavit of Identity Theft, (ii) an Illinois Attorney

General ID Theft Affidavit, or (iii) a written statement

that certifies that the representations are true, correct,

and contain no material omissions of fact to the best

knowledge and belief of the person submitting the

certification. This written statement must contain or be

accompanied by, each of the following, to the extent that

an item listed below is relevant to the debtor's allegation

of identity theft with respect to the debt in question:

(A) A statement that the debtor is a victim of

identity theft.

(B) A copy of the debtor's driver's license or

identification card, as issued by this State.

(C) Any other identification document that

supports the statement of identity theft.

(D) Specific facts supporting the claim of

identity theft, if available.

(E) Any explanation showing that the debtor did not

incur the debt.

(F) Any available correspondence disputing the

debt after transaction information has been provided

to the debtor.

(G) Documentation of the residence of the debtor at

the time of the alleged debt, which may include copies

of bills and statements, such as utility bills, tax

statements, or other statements from businesses sent

to the debtor and showing that the debtor lived at

another residence at the time the debt was incurred.

(H) A telephone number for contacting the debtor

concerning any additional information or questions or

direction that further communications to the debtor be

in writing only, with the mailing address specified in

the statement.

(I) To the extent the debtor has information

concerning who may have incurred the debt, the

identification of any person whom the debtor believes

is responsible.

(J) An express statement that the debtor did not

authorize the use of the debtor's name or personal

information for incurring the debt.

(b) A written certification submitted pursuant to item

(iii) of paragraph (2) of subsection (a) of this Section shall

be sufficient if it is in substantially the following form:

"I certify that the representations made are true, correct,

and contain no material omissions of fact known to me.

(Signature)

(Date)"

(c) If a debtor notifies a debt collector or collection

agency orally that he or she is a victim of identity theft, the

debt collector or collection agency shall notify the debtor

orally or in writing, that the debtor's claim must be in

writing. If a debtor notifies a debt collector or collection

agency in writing that he or she is a victim of identity theft,

but omits information required pursuant to this Section, and if

the debt collector or collection agency continues does not

cease collection activities, the debt collector or collection

agency must provide written notice to the debtor of the

additional information that is required or send the debtor a

copy of the Federal Trade Commission's Affidavit of Identity

Theft Affidavit form.

(d) Upon receipt of the complete statement and information

described in subsection (a) of this Section, the collection

agency debt collector shall review and consider all of the

information provided by the debtor and other information

available to the debt collector or collection agency in its

file or from the creditor. The debt collector or collection

agency may recommence debt collection activities only upon

making a good faith determination that the information does not

establish that the debtor is not responsible for the specific

debt in question. The debt collector or collection agency must

notify the debtor consumer in writing of that determination and

the basis for that determination before proceeding with any

further collection activities. The debt collector's or

collection agency's determination shall be based on all of the

information provided by the debtor and other information

available to the debt collector or collection agency in its

file or from the creditor.

(e) No inference or presumption that the debt is valid or

invalid or that the debtor is liable or not liable for the debt

may arise if the debt collector or collection agency decides

after the review described in subsection (d) to cease or

recommence the debt collection activities. The exercise or

non-exercise of rights under this Section is not a waiver of

any other right or defense of the debtor or collection agency

debt collector.

(f) A debt collector or collection agency that (i) ceases

collection activities under this Section, (ii) does not

recommence those collection activities, and (iii) furnishes

adverse information to a consumer credit reporting agency, must

notify the consumer credit reporting agency to delete that

adverse information.

(Source: P.A. 95-437, eff. 1-1-08.)

(225 ILCS 425/9.5)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.5. Statute of limitations. No action may be filed

against any licensee registrant for violation of the terms of

this Act or its rules unless the action is commenced within 5

years after the occurrence of the alleged violation. A

continuing violation will be deemed to have occurred on the

date when the circumstances first existed which gave rise to

the alleged continuing violation.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/9.7)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.7. Enforcement under the Consumer Fraud and

Deceptive Business Practices Act. The Attorney General may

enforce the knowing violation of Section 9 (except for items

(2) through (4), (7) through (9), (11) through (13), and (23)

(1) through (9) and (19) of subsection (a)), 9.1, 9.2, 9.3, or

9.4 of this Act as an unlawful practice under the Consumer

Fraud and Deceptive Business Practices Act.

(Source: P.A. 95-437, eff. 1-1-08.)

(225 ILCS 425/9.22) (from Ch. 111, par. 2034)

(Section scheduled to be repealed on January 1, 2016)

Sec. 9.22. Administrative Procedure Act. The Illinois

Administrative Procedure Act is hereby expressly adopted and

incorporated herein as if all of the provisions of that Act

were included in this Act, except that the provision of

subsection (d) of Section 10-65 of the Illinois Administrative

Procedure Act that provides that at hearings the licensee has

the right to show compliance with all lawful requirements for

retention, continuation or renewal of the license is

specifically excluded. For the purposes of this Act the notice

required under Section 10-25 of the Administrative Procedure

Act is deemed sufficient when mailed to the last known address

of record of a party.

(Source: P.A. 88-45.)

(225 ILCS 425/11) (from Ch. 111, par. 2036)

(Section scheduled to be repealed on January 1, 2016)

Sec. 11. Informal conferences. Informal conferences shall

be conducted with at least one member of the Licensing and

Disciplinary Board in attendance. Notwithstanding any

provisions concerning the conduct of hearings and

recommendations for disciplinary actions, the Department has

the authority to negotiate agreements with licensees

registrants and applicants resulting in disciplinary or

non-disciplinary consent orders. The consent orders may

provide for any of the forms of discipline provided in this

Act. The consent orders shall provide that they were not

entered into as a result of any coercion by the Department.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/13.1) (from Ch. 111, par. 2038.1)

(Section scheduled to be repealed on January 1, 2016)

Sec. 13.1. Collection Agency Licensing and Disciplinary

Board; members; qualifications; duties.

(a) There is created in the Department the Collection

Agency Licensing and Disciplinary Board composed of 7 members

appointed by the Secretary Director. Five members of the Board

shall be employed in a collection agency licensed registered

under this Act and 2 members of the Board shall represent the

general public, and shall not be employed by or possess an

ownership interest in any collection agency licensed

registered under this Act, and shall have no family or business

connection with the practice of collection agencies.

(b) Each of the members appointed to the Board, except for

the public members, shall have at least 5 years of active

collection agency experience.

(c) The Board shall annually elect a chairperson chairman

from among its members and shall meet at least twice each year.

The members of the Board shall receive no compensation for

their services, but shall be reimbursed for their necessary

actual expenses as authorized by the Department while engaged

in incurred in the performance of their duties.

(d) Members shall serve for a term of 4 years and until

their successors are appointed and qualified. No Board member,

after the effective date of this amendatory Act of 1995, shall

be appointed to more than 2 full consecutive terms. A partial

term of more than 2 years shall be considered a full term The

initial terms created by this amendatory Act of 1995 shall

count as full terms for the purposes of reappointment to the

Board. Appointments to fill vacancies for the unexpired portion

of a vacated term shall be made in the same manner as original

appointments. All members shall serve until their successors

are appointed and qualified.

(e) The Secretary may remove any member of the Board for

cause at any time before the expiration of his or her term. The

Secretary shall be the sole arbiter of cause.

(f) The majority of the Board shall constitute a quorum. A

vacancy in the membership of the Board shall not impair the

right of a quorum to exercise all the duties of the Board.

(g) Members of the Board shall be immune from suit in any

action based upon disciplinary proceedings or other acts

performed in good faith as members of the Board.

The appointments of those Board members currently

appointed shall end upon the effective date of this amendatory

Act of 1995, and those Board members currently sitting at the

effective date of this amendatory Act of 1995, shall be

reappointed to the following terms by and in the discretion of

the Director:

(1) one member shall be appointed for one year;

(2) two members shall be appointed to serve 2 years;

(3) two members shall be appointed to serve 3 years;

and

(4) two members shall be appointed to serve for 4

years.

All members shall serve until their successors are appointed

and qualified.

The Board members appointed to terms by this amendatory Act

of 1995 shall be appointed as soon as possible after the

effective date of this amendatory Act of 1995.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/13.2) (from Ch. 111, par. 2038.2)

(Section scheduled to be repealed on January 1, 2016)

Sec. 13.2. Powers and duties of Department. The Department

shall exercise the powers and duties prescribed by the Civil

Administrative Code of Illinois for the administration of

licensing Acts and shall exercise such other powers and duties

necessary for effectuating the purposes of this Act.

The Director shall promulgate rules consistent with the

provisions of this Act, for its administration and enforcement,

and may prescribe forms which shall be issued in connection

therewith. The rules shall include standards and criteria for

licensure and certification, and professional conduct and

discipline.

The Department shall consult with the Board in promulgating

rules.

Subject to the provisions of this Act, the Department may:

(1) Conduct hearings on proceedings to refuse to issue

or renew or to revoke licenses or suspend, place on

probation, or reprimand persons licensed under this Act.

(2) Formulate rules required for the administration of

this Act.

(3) Obtain written recommendations from the Board

regarding standards of professional conduct, formal

disciplinary actions and the formulation of rules

affecting these matters. Notice of proposed rulemaking

shall be transmitted to the Board and the Department shall

review the Board's responses and any recommendations made

therein. The Department shall notify the Board in writing

with explanations of deviations from the Board's

recommendations and responses. The Department may shall

solicit the advice of the Board on any matter relating to

the administration and enforcement of this Act.

(4) Maintain rosters of the names and addresses of all

licensees and all persons whose licenses have been

suspended, revoked, or denied renewal for cause within the

previous calendar year. These rosters shall be available

upon written request and payment of the required fee as

established by rule.

(Source: P.A. 86-615.)

(225 ILCS 425/14a) (from Ch. 111, par. 2039a)

(Section scheduled to be repealed on January 1, 2016)

Sec. 14a. Unlicensed practice; Injunctions. The practice

as a collection agency by any person entity not holding a valid

and current license under this Act is declared to be inimical

to the public welfare, to constitute a public nuisance, and to

cause irreparable harm to the public welfare. The Secretary

Director, the Attorney General, the State's Attorney of any

county in the State, or any person may maintain an action in

the name of the People of the State of Illinois, and may apply

for injunctive relief in any circuit court to enjoin such

entity from engaging in such practice. Upon the filing of a

verified petition in such court, the court, if satisfied by

affidavit or otherwise that such entity has been engaged in

such practice without a valid and current license, may enter a

temporary restraining order without notice or bond, enjoining

the defendant from such further practice. Only the showing of

non-licensure nonlicensure, by affidavit or otherwise, is

necessary in order for a temporary injunction to issue. A copy

of the verified complaint shall be served upon the defendant

and the proceedings shall thereafter be conducted as in other

civil cases except as modified by this Section. If it is

established that the defendant has been or is engaged in such

unlawful practice, the court may enter an order or judgment

perpetually enjoining the defendant from further practice. In

all proceedings hereunder, the court, in its discretion, may

apportion the costs among the parties interested in the action,

including cost of filing the complaint, service of process,

witness fees and expenses, court reporter charges and

reasonable attorneys' fees. In case of violation of any

injunctive order entered under the provisions of this Section,

the court may summarily try and punish the offender for

contempt of court. Such injunction proceedings shall be in

addition to, and not in lieu of, all penalties and other

remedies provided in this Act.

(Source: P.A. 86-615.)

(225 ILCS 425/14b) (from Ch. 111, par. 2039b)

(Section scheduled to be repealed on January 1, 2016)

Sec. 14b. Penalty of unlawful practice; Second and

subsequent offenses. Any entity that practices or offers to

practice as a collection agency in this State without being

licensed for that purpose, or whose license is has been

suspended, or revoked, or expired, or that violates any of the

provisions of this Act for which no specific penalty has been

provided herein, is guilty of a Class A misdemeanor.

Any entity that has been previously convicted under any of

the provisions of this Act and that subsequently violates any

of the provisions of this Act is guilty of a Class 4 felony. In

addition, whenever any entity is punished as a subsequent

offender under this Section, the Secretary Director shall

proceed to obtain a permanent injunction against such entity

under Section 14a of this Act.

(Source: P.A. 86-615.)

(225 ILCS 425/16)

(Section scheduled to be repealed on January 1, 2016)

Sec. 16. Investigation; notice and hearing. The Department

may investigate the actions or qualifications of any applicant

or of any person rendering or offering to render collection

agency services or any person or persons holding or claiming to

hold a license as a collection agency certificate of

registration. The Department shall, before refusing to issue or

renew, suspending or revoking, suspending, placing on

probation, reprimanding, or taking any other disciplinary

action under Section 9 of this Act any certificate of

registration, at least 30 days before the date set for the

hearing, (i) notify the accused in writing of the charges made

and the time and place for the hearing on the charges, (ii) of

the charges before the Board, direct him or her to file his or

her written answer thereto to the charges with the Department

under oath Board within 20 days after the service on him or her

of the notice, and (iii) inform the accused him or her that if

he or she fails to file an answer default will be taken against

him or her or and his or her license certificate of

registration may be suspended, or revoked, or placed on

probation, or other disciplinary action may be taken with

regard to the license, including limiting the scope, nature, or

extent of his or her practice, as the Department may consider

proper. This written notice may be served by personal delivery

or certified mail to the respondent at the address of his or

her last notification to the Department. In case the person

fails to file an answer after receiving notice, his or her

license or certificate may, in the discretion of the

Department, be suspended, revoked, or placed on probationary

status, or the Department may take whatever disciplinary action

is considered proper, including limiting the scope, nature, or

extent of the person's practice or the imposition of a fine,

without a hearing, if the act or acts charged constitute

sufficient grounds for such action under this Act. The written

answer shall be served by personal delivery, certified

delivery, or certified or registered mail to the Department. At

the time and place fixed in the notice, the Department shall

proceed to hear the charges. The parties or their counsel shall

be accorded ample opportunity to present any pertinent

statements, testimony, evidence, and arguments as may be

pertinent to the charges or to the defense thereto. The

Department may continue the hearing from time to time Board

shall be notified and may attend. Nothing in this Section shall

be construed to require that a hearing be commenced and

completed in one day. At the discretion of the Secretary

Director, after having first received the recommendation of the

Board, the accused person's license certificate of

registration may be suspended or revoked, if the evidence

constitutes sufficient grounds for such action under this Act.

If the person fails to file an answer after receiving notice,

his or her license may, in the discretion of the Department, be

suspended, revoked, or placed on probation, or the Department

may take whatever disciplinary action it considers proper,

including limiting the scope, nature, or extent of the person's

practice or the imposition of a fine, without a hearing, if the

act or acts charged constitute sufficient grounds for such

action under this Act. This written notice may be served by

personal delivery or certified mail to the respondent at the

address of record.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/17)

(Section scheduled to be repealed on January 1, 2016)

Sec. 17. Record of hearing; transcript. The Department, at

its expense, shall preserve a record of all proceedings at the

formal hearing of any case. The notice of hearing, complaint,

all and other documents in the nature of pleadings, and written

motions filed in the proceedings, the transcript of testimony,

the report of the Board, and orders of the Department shall be

in the record of the proceedings. If the respondent orders from

the reporting service and pays for a transcript of the record

within the time for filing a motion for rehearing under Section

20, the 20 calendar day period within which a motion may be

filed shall commence upon the delivery of the transcript to the

respondent The Department shall furnish a transcript of the

record to any person interested in the hearing upon payment of

the fee required under Section 2105-115 of the Department of

Professional Regulation Law (20 ILCS 2105/2105-115).

(Source: P.A. 91-239, eff. 1-1-00.)

(225 ILCS 425/18)

(Section scheduled to be repealed on January 1, 2016)

Sec. 18. Subpoenas; oaths; attendance of witnesses.

(a) The Department has shall have the power to subpoena

documents, books, records, or other materials and to bring

before it any person and to take testimony either orally or by

deposition, or both, with the same fees and mileage and in the

same manner as prescribed in civil cases in the courts of this

State.

(b) The Secretary Director, the designated hearing

officer, and every member of the Board has shall have power to

administer oaths to witnesses at any hearing that the

Department is authorized to conduct and any other oaths

authorized in any Act administered by the Department.

(c) Any circuit court may, upon application of the

Department or designee or of the applicant or licensee ,

registrant, or person holding a certificate of registration

against whom proceedings under this Act are pending, enter an

order requiring the attendance of witnesses and their

testimony, and the production of documents, papers, files,

books, and records in connection with any hearing or

investigations. The court may compel obedience to its order by

proceedings for contempt.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/19)

(Section scheduled to be repealed on January 1, 2016)

Sec. 19. Findings and recommendations Board report. At the

conclusion of the hearing, the Board shall present to the

Secretary Director a written report of its findings of fact,

conclusions of law, and recommendations. The report shall

contain a finding whether or not the accused person violated

this Act or the rules adopted under this Act or failed to

comply with the conditions required in this Act or those rules.

The Board shall specify the nature of the violation or failure

to comply and shall make its recommendations to the Secretary

Director.

The report of findings of fact, conclusions of law, and

recommendation of the Board shall be the basis for the

Department's order for refusing to issue, restore, or renew a

license, or otherwise disciplining a licensee, refusal or for

the granting of a license certificate of registration. If the

Secretary Director disagrees in any regard with the report,

findings of fact, conclusions of law, and recommendations

report of the Board, the Secretary Director may issue an order

in contravention of the Board's recommendations report. The

Director shall provide a written report to the Board on any

deviation and shall specify with particularity the reasons for

that action in the final order. The finding is not admissible

in evidence against the person in a criminal prosecution

brought for the violation of this Act, but the hearing and

finding are is not a bar to a criminal prosecution brought for

the violation of this Act.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/20)

(Section scheduled to be repealed on January 1, 2016)

Sec. 20. Board; rehearing Motion for rehearing. At the

conclusion of the hearing In any hearing involving the

discipline of a registrant, a copy of the Board's report shall

be served upon the applicant or licensee respondent by the

Department, either personally or as provided in this Act for

the service of the notice of hearing. Within 20 calendar days

after the service, the applicant or licensee respondent may

present to the Department a motion in writing for a rehearing

which shall specify the particular grounds for rehearing. The

Department may respond to the motion for rehearing within 20

days after its service on the Department, and the applicant or

licensee may reply within 7 days thereafter. If no motion for

rehearing is filed, then upon the expiration of the time

specified for filing a motion, or if a motion for rehearing is

denied, then upon denial, the Secretary Director may enter an

order in accordance with the recommendations of the Board,

except as provided for in Section 19. If the applicant or

licensee respondent orders a transcript of the record from the

reporting service and pays for it within the time for filing a

motion for rehearing, the 20 calendar day period within which a

motion for rehearing may be filed shall commence upon the

delivery of the transcript to the applicant or licensee

respondent.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/21)

(Section scheduled to be repealed on January 1, 2016)

Sec. 21. Secretary; rehearing Rehearing. Whenever the

Secretary Director is not satisfied that substantial justice

has been done in the revocation, suspension, or refusal to

issue, restore, or renew a license, or other discipline of an

applicant or licensee a certificate of registration, the

Secretary Director may order a rehearing by the same or other

examiners.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/22)

(Section scheduled to be repealed on January 1, 2016)

Sec. 22. Appointment of a hearing Hearing officer. The

Secretary has Director shall have the authority to appoint any

attorney duly licensed to practice law in the State of Illinois

to serve as the hearing officer in any action for refusal to

issue, restore, or renew a license certificate of registration

or to discipline a licensee registrant or person holding a

certificate of registration. The hearing officer shall have

full authority to conduct the hearing. A Board member or

members may, but are not required to, attend hearings. The

hearing officer shall report his or her findings of fact,

conclusions of law, and recommendations to the Board and the

Director. The Board shall have 60 calendar days from receipt of

the report to review the report of the hearing officer and

present its findings of fact, conclusions of law, and

recommendations to the Secretary and to all parties to the

proceeding Director. If the Board fails to present its report

within the 60 calendar day period, the Director may issue an

order based on the report of the hearing officer. If the

Secretary Director disagrees with the recommendation of the

Board or of the hearing officer, the Secretary Director may

issue an order in contravention of the recommendation.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/23)

(Section scheduled to be repealed on January 1, 2016)

Sec. 23. Order or ; certified copy; prima facie proof. An

order or a certified copy thereof of an order, over the seal of

the Department and purporting to be signed by the Secretary

Director, shall be prima facie proof that of the following:

(1) That the signature is the genuine signature of the

Secretary; Director.

(2) That the Secretary Director is duly appointed and

qualified; and .

(3) That the Board and its the Board members are qualified

to act.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/24)

(Section scheduled to be repealed on January 1, 2016)

Sec. 24. Restoration of license from discipline

certificate of registration. At any time after the successful

completion of a term of indefinite probation, suspension, or

revocation of any license certificate of registration, the

Department may restore the license certificate of registration

to the licensee, accused person upon the written recommendation

of the Board, unless after an investigation and a hearing the

Secretary Board determines that restoration is not in the

public interest. No person whose license or authority has been

revoked as authorized in this Act may apply for restoration of

that license or authority until such time as provided for in

the Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/25)

(Section scheduled to be repealed on January 1, 2016)

Sec. 25. Surrender of license certificate of registration.

Upon the revocation or suspension of any license, certificate

of registration the licensee registrant shall immediately

surrender the license certificate of registration to the

Department. If the licensee registrant fails to do so, the

Department shall have the right to seize the license

certificate of registration.

(Source: P.A. 89-387, eff. 1-1-96.)"; and

(225 ILCS 425/26)

(Section scheduled to be repealed on January 1, 2016)

Sec. 26. Administrative review; venue Review Law.

(a) All final administrative decisions of the Department

are subject to judicial review under the Administrative Review

Law and its rules. The term "administrative decision" is

defined as in Section 3-101 of the Code of Civil Procedure.

(b) Proceedings for judicial review shall be commenced in

the circuit court of the county in which the party applying for

review resides, but if the party is not a resident of Illinois

this State, the venue shall be in Sangamon County.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/27)

(Section scheduled to be repealed on January 1, 2016)

Sec. 27. Certifications Certification of record; costs

receipt. The Department shall not be required to certify any

record to the court or file any answer in court or otherwise

appear in any court in a judicial review proceeding, unless and

until there is filed in the court, with the complaint, a

receipt from the Department has received from the plaintiff

acknowledging payment of the costs of furnishing and certifying

the record, which costs shall be determined by the Department.

Failure on the part of the plaintiff to file a receipt in court

shall be grounds for dismissal of the action.

(Source: P.A. 89-387, eff. 1-1-96.)

(225 ILCS 425/30 new)

Sec. 30. Expiration, renewal, and restoration of license.

The expiration date and renewal period for each license shall

be set by rule. A collection agency whose license has expired

may reinstate its license at any time within 5 years after the

expiration thereof, by making a renewal application and by

paying the required fee.

However, any licensed collection agency whose license has

expired while the individual licensed or while a shareholder,

partner, or member owning 50% or more of the interest in the

collection agency whose license has expired while he or she was

(i) on active duty with the Armed Forces of the United States

or called into service or training by the State militia; or

(ii) in training or education under the supervision of the

United States preliminary to induction into the military

service, may have his or her license renewed, restored, or

reinstated without paying any lapsed renewal fee, restoration

fee, or reinstatement fee if, within 2 years after termination

of the service, training, or education, he or she furnishes the

Department with satisfactory evidence of service, training, or

education and it has been terminated under honorable

conditions.

Any collection agency whose license has expired for more

than 5 years may have it restored by applying to the

Department, paying the required fee, and filing acceptable

proof of fitness to have the license restored as set by rule.

(225 ILCS 425/35 new)

Sec. 35. Returned checks; fines. Any person who delivers a

check or other payment to the Department that is returned to

the Department unpaid by the financial institution upon which

it is drawn shall pay to the Department, in addition to the

amount already owed to the Department, a fine of $50. The fines

imposed by this Section are in addition to any other discipline

provided under this Act for unlicensed practice or practice on

a non-renewed license. The Department shall notify the entity

that payment of fees and fines shall be paid to the Department

by certified check or money order within 30 calendar days of

the notification. If, after the expiration of 30 days from the

date of notification, the person has failed to submit the

necessary remittance, the Department shall automatically

terminate the license or deny the application, without hearing.

If, after the termination or denial, the entity seeks a

license, it shall apply to the Department for restoration or

issuance of the license and pay all fees and fines due to the

Department. The Department may establish a fee for the

processing of an application for restoration of a license to

pay all expenses of processing this application. The Secretary

may waive the fines due under this Section in individual cases

where the Secretary finds that the fines would be unreasonable

or unnecessarily burdensome.

(225 ILCS 425/40 new)

Sec. 40. Unlicensed practice; cease and desist. Whenever,

in the opinion of the Department, a person violates any

provision of this Act, the Department may issue a rule to show

cause why an order to cease and desist should not be entered

against that person. The rule shall clearly set forth the

grounds relied upon by the Department and shall allow at least

7 days from the date of the rule to file an answer satisfactory

to the Department. Failure to answer to the satisfaction of the

Department shall cause an order to cease and desist to be

issued.

(225 ILCS 425/45 new)

Sec. 45. Summary suspension of license. The Secretary may

summarily suspend the license of a licensed collection agency

without a hearing, simultaneously with the institution of

proceedings for a hearing provided for in Section 16 of this

Act, if the Secretary finds that evidence in the Secretary's

possession indicates that the continuation of practice by a

licensed collection agency would constitute an imminent danger

to the public. In the event that the Secretary summarily

suspends the license of a licensed collection agency without a

hearing, a hearing must be commenced within 30 days after the

suspension has occurred and concluded as expeditiously as

practical.

(225 ILCS 425/50 new)

Sec. 50. Consent order. At any point in the proceedings as

provided in Sections 9.5, 11, 14a, 16, and 45, both parties may

agree to a negotiated consent order. The consent order shall be

final upon signature of the Secretary.

(225 ILCS 425/55 new)

Sec. 55. Confidentiality. All information collected by the

Department in the course of an examination or investigation of

a licensee or applicant, including, but not limited to, any

complaint against a licensee filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed other than in the course of a formal

hearing as determined by the Department. The Department may not

disclose the information to anyone other than law enforcement

officials, other regulatory agencies that have an appropriate

regulatory interest as determined by the Secretary, or a party

presenting a lawful subpoena to the Department. Information and

documents disclosed to a federal, State, county, or local law

enforcement agency shall not be disclosed by the agency for any

purpose to any other agency or person. A formal complaint filed

against the licensee by the Department or any order issued by

the Department against a licensee or applicant shall be a

public record, except as otherwise prohibited by law.

(225 ILCS 425/6 rep.)

(225 ILCS 425/6a rep.)

(225 ILCS 425/10 rep.)

(225 ILCS 425/13 rep.)

(225 ILCS 425/13.3 rep.)

(225 ILCS 425/14 rep.)

Section 950. The Collection Agency Act is amended by

repealing Sections 6, 6a, 10, 13, 13.3, and 14.

Section 955. The Real Estate License Act of 2000 is amended

by changing Sections 1-10, 5-5, 5-10, 5-15, 5-20, 5-26, 5-27,

5-28, 5-32, 5-35, 5-41, 5-50, 5-60, 5-70, 10-10, 10-15, 15-5,

20-10, 20-20, 20-21, 20-22, 20-85, 25-10, 25-25, 30-15, and

35-5 as follows:

(225 ILCS 454/1-10)

(Section scheduled to be repealed on January 1, 2020)

Sec. 1-10. Definitions. In this Act, unless the context

otherwise requires:

"Act" means the Real Estate License Act of 2000.

"Address of Record" means the designated address recorded

by the Department in the applicant's or licensee's application

file or license file as maintained by the Department's

licensure maintenance unit. It is the duty of the applicant or

licensee to inform the Department of any change of address, and

those changes must be made either through the Department's

website or by contacting the Department.

"Advisory Council" means the Real Estate Education

Advisory Council created under Section 30-10 of this Act.

"Agency" means a relationship in which a real estate broker

or licensee, whether directly or through an affiliated

licensee, represents a consumer by the consumer's consent,

whether express or implied, in a real property transaction.

"Applicant" means any person, as defined in this Section,

who applies to the Department for a valid license as a managing

real estate broker, broker real estate salesperson, or leasing

agent.

"Blind advertisement" means any real estate advertisement

that does not include the sponsoring broker's business name and

that is used by any licensee regarding the sale or lease of

real estate, including his or her own, licensed activities, or

the hiring of any licensee under this Act. The broker's

business name in the case of a franchise shall include the

franchise affiliation as well as the name of the individual

firm.

"Board" means the Real Estate Administration and

Disciplinary Board of the Department as created by Section

25-10 of this Act.

"Branch office" means a sponsoring broker's office other

than the sponsoring broker's principal office.

"Broker" means an individual, partnership, limited

liability company, corporation, or registered limited

liability partnership other than a real estate salesperson or

leasing agent who, whether in person or through any media or

technology, for another and for compensation, or with the

intention or expectation of receiving compensation, either

directly or indirectly:

(1) Sells, exchanges, purchases, rents, or leases real

estate.

(2) Offers to sell, exchange, purchase, rent, or lease

real estate.

(3) Negotiates, offers, attempts, or agrees to

negotiate the sale, exchange, purchase, rental, or leasing

of real estate.

(4) Lists, offers, attempts, or agrees to list real

estate for sale, rent, lease, or exchange.

(5) Buys, sells, offers to buy or sell, or otherwise

deals in options on real estate or improvements thereon.

(6) Supervises the collection, offer, attempt, or

agreement to collect rent for the use of real estate.

(7) Advertises or represents himself or herself as

being engaged in the business of buying, selling,

exchanging, renting, or leasing real estate.

(8) Assists or directs in procuring or referring of

leads or prospects, intended to result in the sale,

exchange, lease, or rental of real estate.

(9) Assists or directs in the negotiation of any

transaction intended to result in the sale, exchange,

lease, or rental of real estate.

(10) Opens real estate to the public for marketing

purposes.

(11) Sells, rents, leases, or offers for sale or lease

real estate at auction.

(12) Prepares or provides a broker price opinion or

comparative market analysis as those terms are defined in

this Act, pursuant to the provisions of Section 10-45 of

this Act.

"Brokerage agreement" means a written or oral agreement

between a sponsoring broker and a consumer for licensed

activities to be provided to a consumer in return for

compensation or the right to receive compensation from another.

Brokerage agreements may constitute either a bilateral or a

unilateral agreement between the broker and the broker's client

depending upon the content of the brokerage agreement. All

exclusive brokerage agreements shall be in writing.

"Broker price opinion" means an estimate or analysis of the

probable selling price of a particular interest in real estate,

which may provide a varying level of detail about the

property's condition, market, and neighborhood and information

on comparable sales. The activities of a real estate broker or

managing broker engaging in the ordinary course of business as

a broker, as defined in this Section, shall not be considered a

broker price opinion if no compensation is paid to the broker

or managing broker, other than compensation based upon the sale

or rental of real estate.

"Client" means a person who is being represented by a

licensee.

"Comparative market analysis" is an analysis or opinion

regarding pricing, marketing, or financial aspects relating to

a specified interest or interests in real estate that may be

based upon an analysis of comparative market data, the

expertise of the real estate broker or managing broker, and

such other factors as the broker or managing broker may deem

appropriate in developing or preparing such analysis or

opinion. The activities of a real estate broker or managing

broker engaging in the ordinary course of business as a broker,

as defined in this Section, shall not be considered a

comparative market analysis if no compensation is paid to the

broker or managing broker, other than compensation based upon

the sale or rental of real estate.

"Compensation" means the valuable consideration given by

one person or entity to another person or entity in exchange

for the performance of some activity or service. Compensation

shall include the transfer of valuable consideration,

including without limitation the following:

(1) commissions;

(2) referral fees;

(3) bonuses;

(4) prizes;

(5) merchandise;

(6) finder fees;

(7) performance of services;

(8) coupons or gift certificates;

(9) discounts;

(10) rebates;

(11) a chance to win a raffle, drawing, lottery, or

similar game of chance not prohibited by any other law or

statute;

(12) retainer fee; or

(13) salary.

"Confidential information" means information obtained by a

licensee from a client during the term of a brokerage agreement

that (i) was made confidential by the written request or

written instruction of the client, (ii) deals with the

negotiating position of the client, or (iii) is information the

disclosure of which could materially harm the negotiating

position of the client, unless at any time:

(1) the client permits the disclosure of information

given by that client by word or conduct;

(2) the disclosure is required by law; or

(3) the information becomes public from a source other

than the licensee.

"Confidential information" shall not be considered to

include material information about the physical condition of

the property.

"Consumer" means a person or entity seeking or receiving

licensed activities.

"Continuing education school" means any person licensed by

the Department as a school for continuing education in

accordance with Section 30-15 of this Act.

"Coordinator" means the Coordinator of Real Estate created

in Section 25-15 of this Act.

"Credit hour" means 50 minutes of classroom instruction in

course work that meets the requirements set forth in rules

adopted by the Department.

"Customer" means a consumer who is not being represented by

the licensee but for whom the licensee is performing

ministerial acts.

"Department" means the Department of Financial and

Professional Regulation.

"Designated agency" means a contractual relationship

between a sponsoring broker and a client under Section 15-50 of

this Act in which one or more licensees associated with or

employed by the broker are designated as agent of the client.

"Designated agent" means a sponsored licensee named by a

sponsoring broker as the legal agent of a client, as provided

for in Section 15-50 of this Act.

"Dual agency" means an agency relationship in which a

licensee is representing both buyer and seller or both landlord

and tenant in the same transaction. When the agency

relationship is a designated agency, the question of whether

there is a dual agency shall be determined by the agency

relationships of the designated agent of the parties and not of

the sponsoring broker.

"Employee" or other derivative of the word "employee", when

used to refer to, describe, or delineate the relationship

between a sponsoring real estate broker and a managing broker,

a real estate salesperson, another real estate broker, or a

leasing agent, shall be construed to include an independent

contractor relationship, provided that a written agreement

exists that clearly establishes and states the relationship.

All responsibilities of a broker shall remain.

"Escrow moneys" means all moneys, promissory notes or any

other type or manner of legal tender or financial consideration

deposited with any person for the benefit of the parties to the

transaction. A transaction exists once an agreement has been

reached and an accepted real estate contract signed or lease

agreed to by the parties. Escrow moneys includes without

limitation earnest moneys and security deposits, except those

security deposits in which the person holding the security

deposit is also the sole owner of the property being leased and

for which the security deposit is being held.

"Electronic means of proctoring" means a methodology

providing assurance that the person taking a test and

completing the answers to questions is the person seeking

licensure or credit for continuing education and is doing so

without the aid of a third party or other device.

"Exclusive brokerage agreement" means a written brokerage

agreement that provides that the sponsoring broker has the sole

right, through one or more sponsored licensees, to act as the

exclusive designated agent or representative of the client and

that meets the requirements of Section 15-75 of this Act.

"Inoperative" means a status of licensure where the

licensee holds a current license under this Act, but the

licensee is prohibited from engaging in licensed activities

because the licensee is unsponsored or the license of the

sponsoring broker with whom the licensee is associated or by

whom he or she is employed is currently expired, revoked,

suspended, or otherwise rendered invalid under this Act.

"Interactive delivery method" means delivery of a course by

an instructor through a medium allowing for 2-way communication

between the instructor and a student in which either can

initiate or respond to questions.

"Leads" means the name or names of a potential buyer,

seller, lessor, lessee, or client of a licensee.

"Leasing Agent" means a person who is employed by a real

estate broker to engage in licensed activities limited to

leasing residential real estate who has obtained a license as

provided for in Section 5-5 of this Act.

"License" means the document issued by the Department

certifying that the person named thereon has fulfilled all

requirements prerequisite to licensure under this Act.

"Licensed activities" means those activities listed in the

definition of "broker" under this Section.

"Licensee" means any person, as defined in this Section,

who holds a valid unexpired license as a managing real estate

broker, broker real estate salesperson, or leasing agent.

"Listing presentation" means a communication between a

managing real estate broker or broker salesperson and a

consumer in which the licensee is attempting to secure a

brokerage agreement with the consumer to market the consumer's

real estate for sale or lease.

"Managing broker" means a broker who has supervisory

responsibilities for licensees in one or, in the case of a

multi-office company, more than one office and who has been

appointed as such by the sponsoring broker.

"Medium of advertising" means any method of communication

intended to influence the general public to use or purchase a

particular good or service or real estate.

"Ministerial acts" means those acts that a licensee may

perform for a consumer that are informative or clerical in

nature and do not rise to the level of active representation on

behalf of a consumer. Examples of these acts include without

limitation (i) responding to phone inquiries by consumers as to

the availability and pricing of brokerage services, (ii)

responding to phone inquiries from a consumer concerning the

price or location of property, (iii) attending an open house

and responding to questions about the property from a consumer,

(iv) setting an appointment to view property, (v) responding to

questions of consumers walking into a licensee's office

concerning brokerage services offered or particular

properties, (vi) accompanying an appraiser, inspector,

contractor, or similar third party on a visit to a property,

(vii) describing a property or the property's condition in

response to a consumer's inquiry, (viii) completing business or

factual information for a consumer on an offer or contract to

purchase on behalf of a client, (ix) showing a client through a

property being sold by an owner on his or her own behalf, or

(x) referral to another broker or service provider.

"Office" means a real estate broker's place of business

where the general public is invited to transact business and

where records may be maintained and licenses displayed, whether

or not it is the broker's principal place of business.

"Person" means and includes individuals, entities,

corporations, limited liability companies, registered limited

liability partnerships, and partnerships, foreign or domestic,

except that when the context otherwise requires, the term may

refer to a single individual or other described entity.

"Personal assistant" means a licensed or unlicensed person

who has been hired for the purpose of aiding or assisting a

sponsored licensee in the performance of the sponsored

licensee's job.

"Pocket card" means the card issued by the Department to

signify that the person named on the card is currently licensed

under this Act.

"Pre-license school" means a school licensed by the

Department offering courses in subjects related to real estate

transactions, including the subjects upon which an applicant is

examined in determining fitness to receive a license.

"Pre-renewal period" means the period between the date of

issue of a currently valid license and the license's expiration

date.

"Proctor" means any person, including, but not limited to,

an instructor, who has a written agreement to administer

examinations fairly and impartially with a licensed

pre-license school or a licensed continuing education school.

"Real estate" means and includes leaseholds as well as any

other interest or estate in land, whether corporeal,

incorporeal, freehold, or non-freehold, including timeshare

interests, and whether the real estate is situated in this

State or elsewhere.

"Regular employee" means a person working an average of 20

hours per week for a person or entity who would be considered

as an employee under the Internal Revenue Service eleven main

tests in three categories being behavioral control, financial

control and the type of relationship of the parties, formerly

the twenty factor test.

"Salesperson" means any individual, other than a real

estate broker or leasing agent, who is employed by a real

estate broker or is associated by written agreement with a real

estate broker as an independent contractor and participates in

any activity described in the definition of "broker" under this

Section.

"Secretary" means the Secretary of the Department of

Financial and Professional Regulation, or a person authorized

by the Secretary to act in the Secretary's stead.

"Sponsoring broker" means the broker who has issued a

sponsor card to a licensed managing broker salesperson, another

licensed broker, or a leasing agent.

"Sponsor card" means the temporary permit issued by the

sponsoring real estate broker certifying that the managing real

estate broker, broker real estate salesperson, or leasing agent

named thereon is employed by or associated by written agreement

with the sponsoring real estate broker, as provided for in

Section 5-40 of this Act.

(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15.)

(225 ILCS 454/5-5)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-5. Leasing agent license.

(a) The purpose of this Section is to provide for a limited

scope license to enable persons who wish to engage in

activities limited to the leasing of residential real property

for which a license is required under this Act, and only those

activities, to do so by obtaining the license provided for

under this Section.

(b) Notwithstanding the other provisions of this Act, there

is hereby created a leasing agent license that shall enable the

licensee to engage only in residential leasing activities for

which a license is required under this Act. Such activities

include without limitation leasing or renting residential real

property, or attempting, offering, or negotiating to lease or

rent residential real property, or supervising the collection,

offer, attempt, or agreement to collect rent for the use of

residential real property. Nothing in this Section shall be

construed to require a licensed managing real estate broker or

broker salesperson to obtain a leasing agent license in order

to perform leasing activities for which a license is required

under this Act. Licensed leasing agents must be sponsored and

employed by a sponsoring broker.

(c) The Department, by rule shall provide for the licensing

of leasing agents, including the issuance, renewal, and

administration of licenses.

(d) Notwithstanding any other provisions of this Act to the

contrary, a person may engage in residential leasing activities

for which a license is required under this Act, for a period of

120 consecutive days without being licensed, so long as the

person is acting under the supervision of a sponsoring licensed

real estate broker and the sponsoring broker has notified the

Department that the person is pursuing licensure under this

Section. During the 120 day period all requirements of Sections

5-10 and 5-65 of this Act with respect to education, successful

completion of an examination, and the payment of all required

fees must be satisfied. The Department may adopt rules to

ensure that the provisions of this subsection are not used in a

manner that enables an unlicensed person to repeatedly or

continually engage in activities for which a license is

required under this Act.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/5-10)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-10. Requirements for license as leasing agent.

(a) Every applicant for licensure as a leasing agent must

meet the following qualifications:

(1) be at least 18 years of age;

(2) be of good moral character;

(3) successfully complete a 4-year course of study in a

high school or secondary school or an equivalent course of

study approved by the Illinois State Board of Education;

(4) personally take and pass a written examination

authorized by the Department sufficient to demonstrate the

applicant's knowledge of the provisions of this Act

relating to leasing agents and the applicant's competence

to engage in the activities of a licensed leasing agent;

(5) provide satisfactory evidence of having completed

15 hours of instruction in an approved course of study

relating to the leasing of residential real property. The

course of study shall, among other topics, cover the

provisions of this Act applicable to leasing agents; fair

housing issues relating to residential leasing;

advertising and marketing issues; leases, applications,

and credit reports; owner-tenant relationships and

owner-tenant laws; the handling of funds; and

environmental issues relating to residential real

property;

(6) complete any other requirements as set forth by

rule; and

(7) present a valid application for issuance of an

initial license accompanied by a sponsor card and the fees

specified by rule.

(b) No applicant shall engage in any of the activities

covered by this Act until a valid sponsor card has been issued

to such applicant. The sponsor card shall be valid for a

maximum period of 45 days after the date of issuance unless

extended for good cause as provided by rule.

(c) Successfully completed course work, completed pursuant

to the requirements of this Section, may be applied to the

course work requirements to obtain a managing real estate

broker's or broker's salesperson's license as provided by rule.

The Advisory Council may recommend through the Board to the

Department and the Department may adopt requirements for

approved courses, course content, and the approval of courses,

instructors, and schools, as well as school and instructor

fees. The Department may establish continuing education

requirements for licensed leasing agents, by rule, with the

advice of the Advisory Council and Board.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/5-15)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-15. Necessity of managing broker, broker,

salesperson, or leasing agent license or sponsor card;

ownership restrictions.

(a) It is unlawful for any person, corporation, limited

liability company, registered limited liability partnership,

or partnership to act as a managing broker, real estate broker,

real estate salesperson, or leasing agent or to advertise or

assume to act as such managing broker, broker, salesperson, or

leasing agent without a properly issued sponsor card or a

license issued under this Act by the Department, either

directly or through its authorized designee.

(b) No corporation shall be granted a license or engage in

the business or capacity, either directly or indirectly, of a

real estate broker, unless every officer of the corporation who

actively participates in the real estate activities of the

corporation holds a license as a managing broker or broker and

unless every employee who acts as a managing broker, broker,

salesperson, or leasing agent for the corporation holds a

license as a managing broker, broker, salesperson, or leasing

agent.

(c) No partnership shall be granted a license or engage in

the business or serve in the capacity, either directly or

indirectly, of a real estate broker, unless every general

partner in the partnership holds a license as a managing broker

or broker and unless every employee who acts as a managing

broker, broker, salesperson or leasing agent for the

partnership holds a license as a managing broker, broker,

salesperson, or leasing agent. In the case of a registered

limited liability partnership (LLP), every partner in the LLP

must hold a license as a managing broker or broker and every

employee who acts as a managing broker, broker, salesperson or

leasing agent must hold a license as a managing broker, broker,

salesperson, or leasing agent.

(d) No limited liability company shall be granted a license

or engage in the business or serve in the capacity, either

directly or indirectly, of a broker unless every manager in the

limited liability company or every member in a member managed

limited liability company holds a license as a managing broker

or broker and unless every other member and employee who acts

as a managing broker, broker, salesperson or leasing agent for

the limited liability company holds a license as a managing

broker, broker, salesperson, or leasing agent.

(e) No partnership, limited liability company, or

corporation shall be licensed to conduct a brokerage business

where an individual salesperson or leasing agent, or group of

salespersons or leasing agents, owns or directly or indirectly

controls more than 49% of the shares of stock or other

ownership in the partnership, limited liability company, or

corporation.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/5-20)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-20. Exemptions from managing broker, broker,

salesperson, or leasing agent license requirement. The

requirement for holding a license under this Article 5 shall

not apply to:

(1) Any person, partnership, or corporation that as

owner or lessor performs any of the acts described in the

definition of "broker" under Section 1-10 of this Act with

reference to property owned or leased by it, or to the

regular employees thereof with respect to the property so

owned or leased, where such acts are performed in the

regular course of or as an incident to the management,

sale, or other disposition of such property and the

investment therein, provided that such regular employees

do not perform any of the acts described in the definition

of "broker" under Section 1-10 of this Act in connection

with a vocation of selling or leasing any real estate or

the improvements thereon not so owned or leased.

(2) An attorney in fact acting under a duly executed

and recorded power of attorney to convey real estate from

the owner or lessor or the services rendered by an attorney

at law in the performance of the attorney's duty as an

attorney at law.

(3) Any person acting as receiver, trustee in

bankruptcy, administrator, executor, or guardian or while

acting under a court order or under the authority of a will

or testamentary trust.

(4) Any person acting as a resident manager for the

owner or any employee acting as the resident manager for a

broker managing an apartment building, duplex, or

apartment complex, when the resident manager resides on the

premises, the premises is his or her primary residence, and

the resident manager is engaged in the leasing of the

property of which he or she is the resident manager.

(5) Any officer or employee of a federal agency in the

conduct of official duties.

(6) Any officer or employee of the State government or

any political subdivision thereof performing official

duties.

(7) Any multiple listing service or other similar

information exchange that is engaged in the collection and

dissemination of information concerning real estate

available for sale, purchase, lease, or exchange for the

purpose of providing licensees with a system by which

licensees may cooperatively share information along with

which no other licensed activities, as defined in Section

1-10 of this Act, are provided.

(8) Railroads and other public utilities regulated by

the State of Illinois, or the officers or full time

employees thereof, unless the performance of any licensed

activities is in connection with the sale, purchase, lease,

or other disposition of real estate or investment therein

not needing the approval of the appropriate State

regulatory authority.

(9) Any medium of advertising in the routine course of

selling or publishing advertising along with which no other

licensed activities, as defined in Section 1-10 of this

Act, are provided.

(10) Any resident lessee of a residential dwelling unit

who refers for compensation to the owner of the dwelling

unit, or to the owner's agent, prospective lessees of

dwelling units in the same building or complex as the

resident lessee's unit, but only if the resident lessee (i)

refers no more than 3 prospective lessees in any 12-month

period, (ii) receives compensation of no more than $1,500

or the equivalent of one month's rent, whichever is less,

in any 12-month period, and (iii) limits his or her

activities to referring prospective lessees to the owner,

or the owner's agent, and does not show a residential

dwelling unit to a prospective lessee, discuss terms or

conditions of leasing a dwelling unit with a prospective

lessee, or otherwise participate in the negotiation of the

leasing of a dwelling unit.

(11) An exchange company registered under the Real

Estate Timeshare Act of 1999 and the regular employees of

that registered exchange company but only when conducting

an exchange program as defined in that Act.

(12) An existing timeshare owner who, for

compensation, refers prospective purchasers, but only if

the existing timeshare owner (i) refers no more than 20

prospective purchasers in any calendar year, (ii) receives

no more than $1,000, or its equivalent, for referrals in

any calendar year and (iii) limits his or her activities to

referring prospective purchasers of timeshare interests to

the developer or the developer's employees or agents, and

does not show, discuss terms or conditions of purchase or

otherwise participate in negotiations with regard to

timeshare interests.

(13) Any person who is licensed without examination

under Section 10-25 (now repealed) of the Auction License

Act is exempt from holding a managing broker's or broker's

salesperson's license under this Act for the limited

purpose of selling or leasing real estate at auction, so

long as:

(A) that person has made application for said

exemption by July 1, 2000;

(B) that person verifies to the Department that he

or she has sold real estate at auction for a period of

5 years prior to licensure as an auctioneer;

(C) the person has had no lapse in his or her

license as an auctioneer; and

(D) the license issued under the Auction License

Act has not been disciplined for violation of those

provisions of Article 20 of the Auction License Act

dealing with or related to the sale or lease of real

estate at auction.

(14) A person who holds a valid license under the

Auction License Act and a valid real estate auction

certification and conducts auctions for the sale of real

estate under Section 5-32 of this Act.

(15) A hotel operator who is registered with the

Illinois Department of Revenue and pays taxes under the

Hotel Operators' Occupation Tax Act and rents a room or

rooms in a hotel as defined in the Hotel Operators'

Occupation Tax Act for a period of not more than 30

consecutive days and not more than 60 days in a calendar

year.

(Source: P.A. 98-553, eff. 1-1-14.)

(225 ILCS 454/5-26)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-26. License Requirements for license as a

salesperson.

(a) Every applicant for licensure as a salesperson must

meet the following qualifications:

(1) Be at least 21 years of age. The minimum age of 21

years shall be waived for any person seeking a license as a

real estate salesperson who has attained the age of 18 and

can provide evidence of the successful completion of at

least 4 semesters of post-secondary school study as a

full-time student or the equivalent, with major emphasis on

real estate courses, in a school approved by the

Department;

(2) Be of good moral character;

(3) Successfully complete a 4-year course of study in a

high school or secondary school approved by the Illinois

State Board of Education or an equivalent course of study

as determined by an examination conducted by the Illinois

State Board of Education, which shall be verified under

oath by the applicant;

(4) Provide satisfactory evidence of having completed

at least 45 hours of instruction in real estate courses

approved by the Advisory Council, except applicants who are

currently admitted to practice law by the Supreme Court of

Illinois and are currently in active standing;

(5) Personally take and pass a written examination

authorized by the Department; and

(6) Present a valid application for issuance of a

license accompanied by a sponsor card and the fees

specified by rule.

(b) No applicant shall engage in any of the activities

covered by this Act until a valid sponsor card has been issued

to the applicant. The sponsor card shall be valid for a maximum

period of 45 days after the date of issuance unless extended

for good cause as provided by rule.

(c) All licenses should be readily available to the public

at their sponsoring place of business.

(d) No new salesperson licenses shall be issued after April

30, 2011 and all existing salesperson licenses shall terminate

on May 1, 2012.

(Source: P.A. 96-856, eff. 12-31-09; 97-333, eff. 8-12-11.)

(225 ILCS 454/5-27)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-27. Requirements for licensure as a broker.

(a) Every applicant for licensure as a broker must meet the

following qualifications:

(1) Be at least 21 years of age. After April 30, 2011,

the minimum age of 21 years shall be waived for any person

seeking a license as a broker who has attained the age of

18 and can provide evidence of the successful completion of

at least 4 semesters of post-secondary school study as a

full-time student or the equivalent, with major emphasis on

real estate courses, in a school approved by the

Department;

(2) Be of good moral character;

(3) Successfully complete a 4-year course of study in a

high school or secondary school approved by the Illinois

State Board of Education or an equivalent course of study

as determined by an examination conducted by the Illinois

State Board of Education which shall be verified under oath

by the applicant;

(4) (Blank); Prior to May 1, 2011, provide (i)

satisfactory evidence of having completed at least 120

classroom hours, 45 of which shall be those hours required

to obtain a salesperson's license plus 15 hours in

brokerage administration courses, in real estate courses

approved by the Advisory Council or (ii) for applicants who

currently hold a valid real estate salesperson's license,

give satisfactory evidence of having completed at least 75

hours in real estate courses, not including the courses

that are required to obtain a salesperson's license,

approved by the Advisory Council;

(5) After April 30, 2011, provide satisfactory

evidence of having completed 90 hours of instruction in

real estate courses approved by the Advisory Council, 15

hours of which must consist of situational and case studies

presented in the classroom or by other interactive delivery

method between the instructor and the students;

(6) Personally take and pass a written examination

authorized by the Department;

(7) Present a valid application for issuance of a

license accompanied by a sponsor card and the fees

specified by rule.

(b) The requirements specified in items (3) (4) and (5) of

subsection (a) of this Section do not apply to applicants who

are currently admitted to practice law by the Supreme Court of

Illinois and are currently in active standing.

(c) No applicant shall engage in any of the activities

covered by this Act until a valid sponsor card has been issued

to such applicant. The sponsor card shall be valid for a

maximum period of 45 days after the date of issuance unless

extended for good cause as provided by rule.

(d) All licenses should be readily available to the public

at their place of business.

(e) An individual holding an active license as a managing

broker may return the license to the Department along with a

form provided by the Department and shall be issued a broker's

license in exchange. Any individual obtaining a broker's

license under this subsection (e) shall be considered as having

obtained a broker's license by education and passing the

required test and shall be treated as such in determining

compliance with this Act.

(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15.)

(225 ILCS 454/5-28)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-28. Requirements for licensure as a managing broker.

(a) Effective May 1, 2012, every applicant for licensure as

a managing broker must meet the following qualifications:

(1) be at least 21 years of age;

(2) be of good moral character;

(3) have been licensed at least 2 out of the preceding

3 years as a real estate broker or salesperson;

(4) successfully complete a 4-year course of study in

high school or secondary school approved by the Illinois

State Board of Education or an equivalent course of study

as determined by an examination conducted by the Illinois

State Board of Education, which shall be verified under

oath by the applicant;

(5) provide satisfactory evidence of having completed

at least 165 hours, 120 of which shall be those hours

required pre and post-licensure to obtain a broker's

license, and 45 additional hours completed within the year

immediately preceding the filing of an application for a

managing broker's license, which hours shall focus on

brokerage administration and management and include at

least 15 hours in the classroom or by other interactive

delivery method between the instructor and the students;

(6) personally take and pass a written examination

authorized by the Department; and

(7) present a valid application for issuance of a

license accompanied by a sponsor card, an appointment as a

managing broker, and the fees specified by rule.

(b) The requirements specified in item (5) of subsection

(a) of this Section do not apply to applicants who are

currently admitted to practice law by the Supreme Court of

Illinois and are currently in active standing.

(c) No applicant shall act as a managing broker for more

than 90 days after an appointment as a managing broker has been

filed with the Department without obtaining a managing broker's

license.

(Source: P.A. 98-531, eff. 8-23-13.)

(225 ILCS 454/5-32)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-32. Real estate auction certification.

(a) An auctioneer licensed under the Auction License Act

who does not possess a valid and active broker's or managing

broker's license under this Act, or who is not otherwise exempt

from licensure, may not engage in the practice of auctioning

real estate, except as provided in this Section.

(b) The Department shall issue a real estate auction

certification to applicants who:

(1) possess a valid auctioneer's license under the

Auction License Act;

(2) successfully complete a real estate auction course

of at least 30 hours approved by the Department, which

shall cover the scope of activities that may be engaged in

by a person holding a real estate auction certification and

the activities for which a person must hold a real estate

license, as well as other material as provided by the

Department;

(3) provide documentation of the completion of the real

estate auction course; and

(4) successfully complete any other reasonable

requirements as provided by rule.

(c) The auctioneer's role shall be limited to establishing

the time, place, and method of the real estate auction, placing

advertisements regarding the auction, and crying or calling the

auction; any other real estate brokerage activities must be

performed by a person holding a valid and active real estate

broker's or managing broker's license under the provisions of

this Act or by a person who is exempt from holding a license

under paragraph (13) of Section 5-20 who has a certificate

under this Section.

(d) An auctioneer who conducts any real estate auction

activities in violation of this Section is guilty of unlicensed

practice under Section 20-10 of this Act.

(e) The Department may revoke, suspend, or otherwise

discipline the real estate auction certification of an

auctioneer who is adjudicated to be in violation of the

provisions of this Section or Section 20-15 of the Auction

License Act.

(f) Advertising for the real estate auction must contain

the name and address of the licensed real estate broker,

managing broker, or a licensed auctioneer under paragraph (13)

of Section 5-20 of this Act who is providing brokerage services

for the transaction.

(g) The requirement to hold a real estate auction

certification shall not apply to a person exempt from this Act

under the provisions of paragraph (13) of Section 5-20 of this

Act, unless that person is performing licensed activities in a

transaction in which a licensed auctioneer with a real estate

certification is providing the limited services provided for in

subsection (c) of this Section.

(h) Nothing in this Section shall require a person licensed

under this Act as a real estate broker or managing broker to

obtain a real estate auction certification in order to auction

real estate.

(i) The Department may adopt rules to implement this

Section.

(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14.)

(225 ILCS 454/5-35)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-35. Examination; managing broker, broker,

salesperson, or leasing agent.

(a) The Department shall authorize examinations at such

times and places as it may designate. The examination shall be

of a character to give a fair test of the qualifications of the

applicant to practice as a managing broker, broker,

salesperson, or leasing agent. Applicants for examination as a

managing broker, broker, salesperson, or leasing agent shall be

required to pay, either to the Department or the designated

testing service, a fee covering the cost of providing the

examination. Failure to appear for the examination on the

scheduled date, at the time and place specified, after the

applicant's application for examination has been received and

acknowledged by the Department or the designated testing

service, shall result in the forfeiture of the examination fee.

An applicant shall be eligible to take the examination only

after successfully completing the education requirements and

attaining the minimum age provided for in Article 5 of this

Act. Each applicant shall be required to establish compliance

with the eligibility requirements in the manner provided by the

rules promulgated for the administration of this Act.

(b) If a person who has received a passing score on the

written examination described in this Section fails to file an

application and meet all requirements for a license under this

Act within one year after receiving a passing score on the

examination, credit for the examination shall terminate. The

person thereafter may make a new application for examination.

(c) If an applicant has failed an examination 4 times, the

applicant must repeat the pre-license education required to sit

for the examination. For the purposes of this Section, the

fifth attempt shall be the same as the first. Approved

education, as prescribed by this Act for licensure as a

managing broker, salesperson or broker, or leasing agent, shall

be valid for 4 years after the date of satisfactory completion

of the education.

(d) The Department may employ consultants for the purposes

of preparing and conducting examinations.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/5-41)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-41. Change of address. A licensee shall notify the

Department of the address or addresses, and of every change of

address, where the licensee practices as a leasing agent,

salesperson, broker or managing broker.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/5-50)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-50. Expiration and renewal of managing broker,

broker, salesperson, or leasing agent license; sponsoring

broker; register of licensees; pocket card.

(a) The expiration date and renewal period for each license

issued under this Act shall be set by rule, except that the

first renewal period ending after the effective date of this

Act for those licensed as a salesperson shall be extended

through April 30, 2012. Except as otherwise provided in this

Section, the holder of a license may renew the license within

90 days preceding the expiration date thereof by completing the

continuing education required by this Act and paying the fees

specified by rule.

(b) An individual whose first license is that of a broker

received after April 30, 2011, must provide evidence of having

completed 30 hours of post-license education in courses

approved by the Advisory Council, 15 hours of which must

consist of situational and case studies presented in the

classroom or by other interactive delivery method between the

instructor and the students, and personally take and pass an

examination approved by the Department prior to the first

renewal of their broker's license.

(c) Any salesperson until April 30, 2011 or any managing

broker, broker, or leasing agent whose license under this Act

has expired shall be eligible to renew the license during the

2-year period following the expiration date, provided the

managing broker, broker, salesperson, or leasing agent pays the

fees as prescribed by rule and completes continuing education

and other requirements provided for by the Act or by rule.

Beginning on May 1, 2012, a managing broker licensee, broker,

or leasing agent whose license has been expired for more than 2

years but less than 5 years may have it restored by (i)

applying to the Department, (ii) paying the required fee, (iii)

completing the continuing education requirements for the most

recent pre-renewal period that ended prior to the date of the

application for reinstatement, and (iv) filing acceptable

proof of fitness to have his or her license restored, as set by

rule. A managing broker, broker, or leasing agent whose license

has been expired for more than 5 years shall be required to

meet the requirements for a new license.

(d) Notwithstanding any other provisions of this Act to the

contrary, any managing broker, broker, salesperson, or leasing

agent whose license expired while he or she was (i) on active

duty with the Armed Forces of the United States or called into

service or training by the state militia, (ii) engaged in

training or education under the supervision of the United

States preliminary to induction into military service, or (iii)

serving as the Coordinator of Real Estate in the State of

Illinois or as an employee of the Department may have his or

her license renewed, reinstated or restored without paying any

lapsed renewal fees if within 2 years after the termination of

the service, training or education by furnishing the Department

with satisfactory evidence of service, training, or education

and it has been terminated under honorable conditions.

(e) 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. Upon payment by a licensee

of the appropriate fee as prescribed by rule for engagement in

the activity for which the licensee is qualified and holds a

license for the current period, the Department shall issue a

pocket card to the licensee. The pocket card shall be

verification that the required fee for the current period has

been paid and shall indicate that the person named thereon is

licensed for the current renewal period as a managing broker,

broker, salesperson, or leasing agent as the case may be. The

pocket card shall further indicate that the person named

thereon is authorized by the Department to engage in the

licensed activity appropriate for his or her status (managing

broker, broker, salesperson, or leasing agent). Each licensee

shall carry on his or her person his or her pocket card or, if

such pocket card has not yet been issued, a properly issued

sponsor card when engaging in any licensed activity and shall

display the same on demand.

(f) The Department shall provide to the sponsoring broker a

notice of renewal for all sponsored licensees by mailing the

notice to the sponsoring broker's address of record, or, at the

Department's discretion, by an electronic means as provided for

by rule.

(g) Upon request from the sponsoring broker, the Department

shall make available to the sponsoring broker, either by mail

or by an electronic means at the discretion of the Department,

a listing of licensees under this Act who, according to the

records of the Department, are sponsored by that broker. Every

licensee associated with or employed by a broker whose license

is revoked, suspended, terminated, or expired shall be

considered as inoperative until such time as the sponsoring

broker's license is reinstated or renewed, or the licensee

changes employment as set forth in subsection (c) of Section

5-40 of this Act.

(Source: P.A. 98-531, eff. 8-23-13.)

(225 ILCS 454/5-60)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-60. Managing broker licensed in another state;

broker licensed in another state; salesperson licensed in

another state; reciprocal agreements; agent for service of

process.

(a) Effective May 1, 2011, a managing broker's license may

be issued by the Department to a managing broker or its

equivalent licensed under the laws of another state of the

United States, under the following conditions:

(1) the managing broker holds a managing broker's

license in a state that has entered into a reciprocal

agreement with the Department;

(2) the standards for that state for licensing as a

managing broker are substantially equal to or greater than

the minimum standards in the State of Illinois;

(3) the managing broker has been actively practicing as

a managing broker in the managing broker's state of

licensure for a period of not less than 2 years,

immediately prior to the date of application;

(4) the managing broker furnishes the Department with a

statement under seal of the proper licensing authority of

the state in which the managing broker is licensed showing

that the managing broker has an active managing broker's

license, that the managing broker is in good standing, and

that no complaints are pending against the managing broker

in that state;

(5) the managing broker passes a test on Illinois

specific real estate brokerage laws; and

(6) the managing broker was licensed by an examination

in the state that has entered into a reciprocal agreement

with the Department.

(b) A broker's license may be issued by the Department to a

broker or its equivalent licensed under the laws of another

state of the United States, under the following conditions:

(1) the broker holds a broker's license in a state that

has entered into a reciprocal agreement with the

Department;

(2) the standards for that state for licensing as a

broker are substantially equivalent to or greater than the

minimum standards in the State of Illinois;

(3) if the application is made prior to May 1, 2012,

then the broker has been actively practicing as a broker in

the broker's state of licensure for a period of not less

than 2 years, immediately prior to the date of application;

(4) the broker furnishes the Department with a

statement under seal of the proper licensing authority of

the state in which the broker is licensed showing that the

broker has an active broker's license, that the broker is

in good standing, and that no complaints are pending

against the broker in that state;

(5) the broker passes a test on Illinois specific real

estate brokerage laws; and

(6) the broker was licensed by an examination in a

state that has entered into a reciprocal agreement with the

Department.

(c) (Blank). Prior to May 1, 2011, a salesperson may, in

the discretion of the Department, be issued a salesperson's

license provided all of the following conditions are met:

(1) the salesperson maintains an active license in the

state that has entered into a reciprocal agreement with the

Department;

(2) the salesperson passes a test on Illinois specific

real estate brokerage laws; and

(3) the salesperson was licensed by an examination in

the state that has entered into a reciprocal agreement with

the Department.

The broker with whom the salesperson is associated shall

comply with the provisions of this Act and issue the

salesperson a sponsor card upon the form provided by the

Department.

(d) As a condition precedent to the issuance of a license

to a managing broker, or broker, or salesperson pursuant to

this Section, the managing broker or broker salesperson shall

agree in writing to abide by all the provisions of this Act

with respect to his or her real estate activities within the

State of Illinois and submit to the jurisdiction of the

Department as provided in this Act. The agreement shall be

filed with the Department and shall remain in force for so long

as the managing broker, or broker or salesperson is licensed by

this State and thereafter with respect to acts or omissions

committed while licensed as a managing broker or broker

salesperson in this State.

(e) Prior to the issuance of any license to any managing

broker, or broker, or salesperson licensed pursuant to this

Section, verification of active licensure issued for the

conduct of such business in any other state must be filed with

the Department by the managing broker, or broker, or

salesperson, and the same fees must be paid as provided in this

Act for the obtaining of a managing broker's, or broker's or

salesperson's license in this State.

(f) Licenses previously granted under reciprocal

agreements with other states shall remain in force so long as

the Department has a reciprocal agreement with the state that

includes the requirements of this Section, unless that license

is suspended, revoked, or terminated by the Department for any

reason provided for suspension, revocation, or termination of a

resident licensee's license. Licenses granted under reciprocal

agreements may be renewed in the same manner as a resident's

license.

(g) Prior to the issuance of a license to a nonresident

managing broker, or broker or salesperson, the managing broker,

or broker or salesperson shall file with the Department a

designation in writing that appoints the Secretary to act as

his or her agent upon whom all judicial and other process or

legal notices directed to the managing broker, or broker or

salesperson may be served. Service upon the agent so designated

shall be equivalent to personal service upon the licensee.

Copies of the appointment, certified by the Secretary, shall be

deemed sufficient evidence thereof and shall be admitted in

evidence with the same force and effect as the original thereof

might be admitted. In the written designation, the managing

broker, or broker or salesperson shall agree that any lawful

process against the licensee that is served upon the agent

shall be of the same legal force and validity as if served upon

the licensee and that the authority shall continue in force so

long as any liability remains outstanding in this State. Upon

the receipt of any process or notice, the Secretary shall

forthwith mail a copy of the same by certified mail to the last

known business address of the licensee.

(h) Any person holding a valid license under this Section

shall be eligible to obtain a resident managing broker's

license, or a broker's license, or, prior to May 1, 2011, a

salesperson's license without examination should that person

change their state of domicile to Illinois and that person

otherwise meets the qualifications for licensure under this

Act.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/5-70)

(Section scheduled to be repealed on January 1, 2020)

Sec. 5-70. Continuing education requirement; managing

broker, or broker, or salesperson.

(a) The requirements of this Section apply to all managing

brokers, and brokers, and salespersons.

(b) Except as otherwise provided in this Section, each

person who applies for renewal of his or her license as a

managing broker, or real estate broker, or real estate

salesperson must successfully complete 6 hours of real estate

continuing education courses approved by the Advisory Council

for each year of the pre-renewal period. Broker licensees must

successfully complete a 6-hour broker management continuing

education course approved by the Department for the pre-renewal

period ending April 30, 2010. In addition, beginning with the

pre-renewal period for managing broker licensees that begins

after the effective date of this Act, those licensees renewing

or obtaining a managing broker's license must successfully

complete a 12-hour broker management continuing education

course approved by the Department each pre-renewal period. The

broker management continuing education course must be

completed in the classroom or by other interactive delivery

method between the instructor and the students. Successful

completion of the course shall include achieving a passing

score as provided by rule on a test developed and administered

in accordance with rules adopted by the Department. No license

may be renewed except upon the successful completion of the

required courses or their equivalent or upon a waiver of those

requirements for good cause shown as determined by the

Secretary with the recommendation of the Advisory Council. The

requirements of this Article are applicable to all managing

brokers, and brokers, and salespersons except those managing

brokers and brokers salespersons who, during the pre-renewal

period:

(1) serve in the armed services of the United States;

(2) serve as an elected State or federal official;

(3) serve as a full-time employee of the Department; or

(4) are admitted to practice law pursuant to Illinois

Supreme Court rule.

(c) (Blank). A person licensed as a salesperson as of April

30, 2011 shall not be required to complete the 18 hours of

continuing education for the pre-renewal period ending April

30, 2012 if that person takes the 30-hour post-licensing course

to obtain a broker's license. A person licensed as a broker as

of April 30, 2011 shall not be required to complete the 12

hours of broker management continuing education for the

pre-renewal period ending April 30, 2012, unless that person

passes the proficiency exam provided for in Section 5-47 of

this Act to qualify for a managing broker's license.

(d) A person receiving an initial license during the 90

days before the renewal date shall not be required to complete

the continuing education courses provided for in subsection (b)

of this Section as a condition of initial license renewal.

(e) The continuing education requirement for salespersons,

brokers and managing brokers shall consist of a core curriculum

and an elective curriculum, to be established by the Advisory

Council. In meeting the continuing education requirements of

this Act, at least 3 hours per year or their equivalent, 6

hours for each two-year pre-renewal period, shall be required

to be completed in the core curriculum. In establishing the

core curriculum, the Advisory Council shall consider subjects

that will educate licensees on recent changes in applicable

laws and new laws and refresh the licensee on areas of the

license law and the Department policy that the Advisory Council

deems appropriate, and any other areas that the Advisory

Council deems timely and applicable in order to prevent

violations of this Act and to protect the public. In

establishing the elective curriculum, the Advisory Council

shall consider subjects that cover the various aspects of the

practice of real estate that are covered under the scope of

this Act. However, the elective curriculum shall not include

any offerings referred to in Section 5-85 of this Act.

(f) The subject areas of continuing education courses

approved by the Advisory Council may include without limitation

the following:

(1) license law and escrow;

(2) antitrust;

(3) fair housing;

(4) agency;

(5) appraisal;

(6) property management;

(7) residential brokerage;

(8) farm property management;

(9) rights and duties of sellers, buyers, and brokers;

(10) commercial brokerage and leasing; and

(11) real estate financing.

(g) In lieu of credit for those courses listed in

subsection (f) of this Section, credit may be earned for

serving as a licensed instructor in an approved course of

continuing education. The amount of credit earned for teaching

a course shall be the amount of continuing education credit for

which the course is approved for licensees taking the course.

(h) Credit hours may be earned for self-study programs

approved by the Advisory Council.

(i) A managing broker or broker salesperson may earn credit

for a specific continuing education course only once during the

prerenewal period.

(j) No more than 6 hours of continuing education credit may

be taken or earned in one calendar day.

(k) To promote the offering of a uniform and consistent

course content, the Department may provide for the development

of a single broker management course to be offered by all

continuing education providers who choose to offer the broker

management continuing education course. The Department may

contract for the development of the 12-hour broker management

continuing education course with an outside vendor or

consultant and, if the course is developed in this manner, the

Department or the outside consultant shall license the use of

that course to all approved continuing education providers who

wish to provide the course.

(l) Except as specifically provided in this Act, continuing

education credit hours may not be earned for completion of pre

or post-license courses. The approved 30-hour post-license

course for broker licensees shall satisfy the continuing

education requirement for the pre-renewal period in which the

course is taken. The approved 45-hour brokerage administration

and management course shall satisfy the 12-hour broker

management continuing education requirement for the

pre-renewal period in which the course is taken.

(Source: P.A. 97-1002, eff. 8-17-12; 98-531, eff. 8-23-13.)

(225 ILCS 454/10-10)

(Section scheduled to be repealed on January 1, 2020)

Sec. 10-10. Disclosure of compensation.

(a) A licensee must disclose to a client the sponsoring

broker's compensation and policy with regard to cooperating

with brokers who represent other parties in a transaction.

(b) A licensee must disclose to a client all sources of

compensation related to the transaction received by the

licensee from a third party.

(c) If a licensee refers a client to a third party in which

the licensee has greater than a 1% ownership interest or from

which the licensee receives or may receive dividends or other

profit sharing distributions, other than a publicly held or

traded company, for the purpose of the client obtaining

services related to the transaction, then the licensee shall

disclose that fact to the client at the time of making the

referral.

(d) If in any one transaction a sponsoring broker receives

compensation from both the buyer and seller or lessee and

lessor of real estate, the sponsoring broker shall disclose in

writing to a client the fact that the compensation is being

paid by both buyer and seller or lessee and lessor.

(e) Nothing in the Act shall prohibit the cooperation with

or a payment of compensation to a person not domiciled in this

State or country who is licensed as a real estate broker in his

or her state or country of domicile or to a resident of a

country that does not require a person to be licensed to act as

a real estate broker if the person complies with the laws of

the country in which that person resides and practices there as

a real estate broker.

(Source: P.A. 91-245, eff. 12-31-99; 92-217, eff. 8-2-01.)

(225 ILCS 454/10-15)

(Section scheduled to be repealed on January 1, 2020)

Sec. 10-15. No compensation to persons in violation of Act;

compensation to unlicensed persons; consumer.

(a) No compensation may be paid to any unlicensed person in

exchange for the person performing licensed activities in

violation of this Act.

(b) No action or suit shall be instituted, nor recovery

therein be had, in any court of this State by any person,

partnership, registered limited liability partnership, limited

liability company, or corporation for compensation for any act

done or service performed, the doing or performing of which is

prohibited by this Act to other than licensed managing brokers,

brokers, salespersons, or leasing agents unless the person,

partnership, registered limited liability partnership, limited

liability company, or corporation was duly licensed hereunder

as a managing broker, broker, salesperson, or leasing agent

under this Act at the time that any such act was done or

service performed that would give rise to a cause of action for

compensation.

(c) A licensee may offer compensation, including prizes,

merchandise, services, rebates, discounts, or other

consideration to an unlicensed person who is a party to a

contract to buy or sell real estate or is a party to a contract

for the lease of real estate, so long as the offer complies

with the provisions of subdivision (35) of subsection (a) of

Section 20-20 of this Act.

(d) A licensee may offer cash, gifts, prizes, awards,

coupons, merchandise, rebates or chances to win a game of

chance, if not prohibited by any other law or statute, to a

consumer as an inducement to that consumer to use the services

of the licensee even if the licensee and consumer do not

ultimately enter into a broker-client relationship so long as

the offer complies with the provisions of subdivision (35) of

subsection (a) of Section 20-20 of this Act.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/15-5)

(Section scheduled to be repealed on January 1, 2020)

Sec. 15-5. Legislative intent.

(a) The General Assembly finds that application of the

common law of agency to the relationships among managing real

estate brokers and brokers salespersons and consumers of real

estate brokerage services has resulted in misunderstandings

and consequences that have been contrary to the best interests

of the public. The General Assembly further finds that the real

estate brokerage industry has a significant impact upon the

economy of the State of Illinois and that it is in the best

interest of the public to provide codification of the

relationships between managing real estate brokers and brokers

salespersons and consumers of real estate brokerage services in

order to prevent detrimental misunderstandings and

misinterpretations of the relationships by consumers, managing

real estate brokers, and brokers salespersons and thus promote

and provide stability in the real estate market. This Article

15 is enacted to govern the relationships between consumers of

real estate brokerage services and managing real estate brokers

and brokers salespersons to the extent not governed by an

individual written agreement between a sponsoring broker and a

consumer, providing that there is a relationship other than

designated agency. This Article 15 applies to the exclusion of

the common law concepts of principal and agent and to the

fiduciary duties, which have been applied to managing real

estate brokers, brokers salespersons, and real estate

brokerage services.

(b) The General Assembly further finds that this Article 15

is not intended to prescribe or affect contractual

relationships between managing brokers and real estate brokers

and the broker's affiliated licensees.

(c) This Article 15 may serve as a basis for private rights

of action and defenses by sellers, buyers, landlords, tenants,

managing brokers, and real estate brokers, and real estate

salespersons. The private rights of action, however, do not

extend to the provisions of any other Articles of this Act.

(Source: P.A. 91-245, eff. 12-31-99.)

(225 ILCS 454/20-10)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20-10. Unlicensed practice; civil penalty.

(a) Any person who practices, offers to practice, attempts

to practice, or holds oneself out to practice as a managing

real estate broker, broker real estate salesperson, or leasing

agent without being licensed under this Act shall, in addition

to any other penalty provided by law, pay a civil penalty to

the Department in an amount not to exceed $25,000 for each

offense as determined by the Department. The civil penalty

shall be assessed by the Department after a hearing is held in

accordance with the provisions set forth in this Act regarding

the provision of a hearing for the discipline of a license.

(b) The Department has the authority and power to

investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after

the effective date of the order imposing the civil penalty. The

order shall constitute a judgment and may be filed and

execution had thereon in the same manner from any court of

record.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/20-20)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20-20. Grounds for discipline.

(a) The Department may refuse to issue or renew a license,

may place on probation, suspend, or revoke any license,

reprimand, or take any other disciplinary or non-disciplinary

action as the Department may deem proper and impose a fine not

to exceed $25,000 upon any licensee or applicant under this Act

or any person who holds himself or herself out as an applicant

or licensee or against a licensee in handling his or her own

property, whether held by deed, option, or otherwise, for any

one or any combination of the following causes:

(1) Fraud or misrepresentation in applying for, or

procuring, a license under this Act or in connection with

applying for renewal of a license under this Act.

(2) The conviction of or plea of guilty or plea of nolo

contendere to a felony or misdemeanor in this State or any

other jurisdiction; or the entry of an administrative

sanction by a government agency in this State or any other

jurisdiction. Action taken under this paragraph (2) for a

misdemeanor or an administrative sanction is limited to a

misdemeanor or administrative sanction that has as an

essential element dishonesty or fraud or involves larceny,

embezzlement, or obtaining money, property, or credit by

false pretenses or by means of a confidence game.

(3) Inability to practice the profession with

reasonable judgment, skill, or safety as a result of a

physical illness, including, but not limited to,

deterioration through the aging process or loss of motor

skill, or a mental illness or disability.

(4) Practice under this Act as a licensee in a retail

sales establishment from an office, desk, or space that is

not separated from the main retail business by a separate

and distinct area within the establishment.

(5) Having been disciplined by another state, the

District of Columbia, a territory, a foreign nation, or a

governmental agency authorized to impose discipline if at

least one of the grounds for that discipline is the same as

or the equivalent of one of the grounds for which a

licensee may be disciplined under this Act. A certified

copy of the record of the action by the other state or

jurisdiction shall be prima facie evidence thereof.

(6) Engaging in the practice of real estate brokerage

without a license or after the licensee's license was

expired or while the license was inoperative.

(7) Cheating on or attempting to subvert the Real

Estate License Exam or continuing education exam.

(8) Aiding or abetting an applicant to subvert or cheat

on the Real Estate License Exam or continuing education

exam administered pursuant to this Act.

(9) Advertising that is inaccurate, misleading, or

contrary to the provisions of the Act.

(10) Making any substantial misrepresentation or

untruthful advertising.

(11) Making any false promises of a character likely to

influence, persuade, or induce.

(12) Pursuing a continued and flagrant course of

misrepresentation or the making of false promises through

licensees, employees, agents, advertising, or otherwise.

(13) Any misleading or untruthful advertising, or

using any trade name or insignia of membership in any real

estate organization of which the licensee is not a member.

(14) Acting for more than one party in a transaction

without providing written notice to all parties for whom

the licensee acts.

(15) Representing or attempting to represent a broker

other than the sponsoring broker.

(16) Failure to account for or to remit any moneys or

documents coming into his or her possession that belong to

others.

(17) Failure to maintain and deposit in a special

account, separate and apart from personal and other

business accounts, all escrow moneys belonging to others

entrusted to a licensee while acting as a real estate

broker, escrow agent, or temporary custodian of the funds

of others or failure to maintain all escrow moneys on

deposit in the account until the transactions are

consummated or terminated, except to the extent that the

moneys, or any part thereof, shall be:

(A) disbursed prior to the consummation or

termination (i) in accordance with the written

direction of the principals to the transaction or their

duly authorized agents, (ii) in accordance with

directions providing for the release, payment, or

distribution of escrow moneys contained in any written

contract signed by the principals to the transaction or

their duly authorized agents, or (iii) pursuant to an

order of a court of competent jurisdiction; or

(B) deemed abandoned and transferred to the Office

of the State Treasurer to be handled as unclaimed

property pursuant to the Uniform Disposition of

Unclaimed Property Act. Escrow moneys may be deemed

abandoned under this subparagraph (B) only: (i) in the

absence of disbursement under subparagraph (A); (ii)

in the absence of notice of the filing of any claim in

a court of competent jurisdiction; and (iii) if 6

months have elapsed after the receipt of a written

demand for the escrow moneys from one of the principals

to the transaction or the principal's duly authorized

agent.

The account shall be noninterest bearing, unless the

character of the deposit is such that payment of interest

thereon is otherwise required by law or unless the

principals to the transaction specifically require, in

writing, that the deposit be placed in an interest bearing

account.

(18) Failure to make available to the Department all

escrow records and related documents maintained in

connection with the practice of real estate within 24 hours

of a request for those documents by Department personnel.

(19) Failing to furnish copies upon request of

documents relating to a real estate transaction to a party

who has executed that document.

(20) Failure of a sponsoring broker to timely provide

information, sponsor cards, or termination of licenses to

the Department.

(21) Engaging in dishonorable, unethical, or

unprofessional conduct of a character likely to deceive,

defraud, or harm the public.

(22) Commingling the money or property of others with

his or her own money or property.

(23) Employing any person on a purely temporary or

single deal basis as a means of evading the law regarding

payment of commission to nonlicensees on some contemplated

transactions.

(24) Permitting the use of his or her license as a

broker to enable a leasing agent salesperson or unlicensed

person to operate a real estate business without actual

participation therein and control thereof by the broker.

(25) Any other conduct, whether of the same or a

different character from that specified in this Section,

that constitutes dishonest dealing.

(26) Displaying a "for rent" or "for sale" sign on any

property without the written consent of an owner or his or

her duly authorized agent or advertising by any means that

any property is for sale or for rent without the written

consent of the owner or his or her authorized agent.

(27) Failing to provide information requested by the

Department, or otherwise respond to that request, within 30

days of the request.

(28) Advertising by means of a blind advertisement,

except as otherwise permitted in Section 10-30 of this Act.

(29) Offering guaranteed sales plans, as defined in

clause (A) of this subdivision (29), except to the extent

hereinafter set forth:

(A) A "guaranteed sales plan" is any real estate

purchase or sales plan whereby a licensee enters into a

conditional or unconditional written contract with a

seller, prior to entering into a brokerage agreement

with the seller, by the terms of which a licensee

agrees to purchase a property of the seller within a

specified period of time at a specific price in the

event the property is not sold in accordance with the

terms of a brokerage agreement to be entered into

between the sponsoring broker and the seller.

(B) A licensee offering a guaranteed sales plan

shall provide the details and conditions of the plan in

writing to the party to whom the plan is offered.

(C) A licensee offering a guaranteed sales plan

shall provide to the party to whom the plan is offered

evidence of sufficient financial resources to satisfy

the commitment to purchase undertaken by the broker in

the plan.

(D) Any licensee offering a guaranteed sales plan

shall undertake to market the property of the seller

subject to the plan in the same manner in which the

broker would market any other property, unless the

agreement with the seller provides otherwise.

(E) The licensee cannot purchase seller's property

until the brokerage agreement has ended according to

its terms or is otherwise terminated.

(F) Any licensee who fails to perform on a

guaranteed sales plan in strict accordance with its

terms shall be subject to all the penalties provided in

this Act for violations thereof and, in addition, shall

be subject to a civil fine payable to the party injured

by the default in an amount of up to $25,000.

(30) Influencing or attempting to influence, by any

words or acts, a prospective seller, purchaser, occupant,

landlord, or tenant of real estate, in connection with

viewing, buying, or leasing real estate, so as to promote

or tend to promote the continuance or maintenance of

racially and religiously segregated housing or so as to

retard, obstruct, or discourage racially integrated

housing on or in any street, block, neighborhood, or

community.

(31) Engaging in any act that constitutes a violation

of any provision of Article 3 of the Illinois Human Rights

Act, whether or not a complaint has been filed with or

adjudicated by the Human Rights Commission.

(32) Inducing any party to a contract of sale or lease

or brokerage agreement to break the contract of sale or

lease or brokerage agreement for the purpose of

substituting, in lieu thereof, a new contract for sale or

lease or brokerage agreement with a third party.

(33) Negotiating a sale, exchange, or lease of real

estate directly with any person if the licensee knows that

the person has an exclusive brokerage agreement with

another broker, unless specifically authorized by that

broker.

(34) When a licensee is also an attorney, acting as the

attorney for either the buyer or the seller in the same

transaction in which the licensee is acting or has acted as

a managing broker or broker salesperson.

(35) Advertising or offering merchandise or services

as free if any conditions or obligations necessary for

receiving the merchandise or services are not disclosed in

the same advertisement or offer. These conditions or

obligations include without limitation the requirement

that the recipient attend a promotional activity or visit a

real estate site. As used in this subdivision (35), "free"

includes terms such as "award", "prize", "no charge", "free

of charge", "without charge", and similar words or phrases

that reasonably lead a person to believe that he or she may

receive or has been selected to receive something of value,

without any conditions or obligations on the part of the

recipient.

(36) Disregarding or violating any provision of the

Land Sales Registration Act of 1989, the Illinois Real

Estate Time-Share Act, or the published rules promulgated

by the Department to enforce those Acts.

(37) Violating the terms of a disciplinary order issued

by the Department.

(38) Paying or failing to disclose compensation in

violation of Article 10 of this Act.

(39) Requiring a party to a transaction who is not a

client of the licensee to allow the licensee to retain a

portion of the escrow moneys for payment of the licensee's

commission or expenses as a condition for release of the

escrow moneys to that party.

(40) Disregarding or violating any provision of this

Act or the published rules promulgated by the Department to

enforce this Act or aiding or abetting any individual,

partnership, registered limited liability partnership,

limited liability company, or corporation in disregarding

any provision of this Act or the published rules

promulgated by the Department to enforce this Act.

(41) Failing to provide the minimum services required

by Section 15-75 of this Act when acting under an exclusive

brokerage agreement.

(42) Habitual or excessive use or addiction to alcohol,

narcotics, stimulants, or any other chemical agent or drug

that results in a managing broker, broker, salesperson, or

leasing agent's inability to practice with reasonable

skill or safety.

(43) Enabling, aiding, or abetting an auctioneer, as

defined in the Auction License Act, to conduct a real

estate auction in a manner that is in violation of this

Act.

(b) The Department may refuse to issue or renew or may

suspend the license of any person who fails to file a return,

pay the tax, penalty or interest shown in a filed return, or

pay any final assessment of tax, penalty, or interest, as

required by any tax Act administered by the Department of

Revenue, until such time as the requirements of that tax Act

are satisfied in accordance with subsection (g) of Section

2105-15 of the Civil Administrative Code of Illinois.

(c) The Department shall deny a license or renewal

authorized by this Act to a person who has defaulted on an

educational loan or scholarship provided or guaranteed by the

Illinois Student Assistance Commission or any governmental

agency of this State in accordance with item (5) of subsection

(a) of Section 2105-15 of the Civil Administrative Code of

Illinois.

(d) In cases where the Department of Healthcare and Family

Services (formerly Department of Public Aid) has previously

determined that a licensee or a potential licensee is more than

30 days delinquent in the payment of child support and has

subsequently certified the delinquency to the Department may

refuse to issue or renew or may revoke or suspend that person's

license or may take other disciplinary action against that

person based solely upon the certification of delinquency made

by the Department of Healthcare and Family Services in

accordance with item (5) of subsection (a) of Section 2105-15

of the Civil Administrative Code of Illinois.

(e) In enforcing this Section, the Department or Board upon

a showing of a possible violation may compel an individual

licensed to practice under this Act, or who has applied for

licensure under this Act, to submit to a mental or physical

examination, or both, as required by and at the expense of the

Department. The Department or Board may order the examining

physician to present testimony concerning the mental or

physical examination of the licensee or applicant. No

information shall be excluded by reason of any common law or

statutory privilege relating to communications between the

licensee or applicant and the examining physician. The

examining physicians shall be specifically designated by the

Board or Department. The individual to be examined may have, at

his or her own expense, another physician of his or her choice

present during all aspects of this examination. Failure of an

individual to submit to a mental or physical examination, when

directed, shall be grounds for suspension of his or her license

until the individual submits to the examination if the

Department finds, after notice and hearing, that the refusal to

submit to the examination was without reasonable cause.

If the Department or Board finds an individual unable to

practice because of the reasons set forth in this Section, the

Department or Board may require that individual to submit to

care, counseling, or treatment by physicians approved or

designated by the Department or Board, as a condition, term, or

restriction for continued, reinstated, or renewed licensure to

practice; or, in lieu of care, counseling, or treatment, the

Department may file, or the Board may recommend to the

Department to file, a complaint to immediately suspend, revoke,

or otherwise discipline the license of the individual. An

individual whose license was granted, continued, reinstated,

renewed, disciplined or supervised subject to such terms,

conditions, or restrictions, and who fails to comply with such

terms, conditions, or restrictions, shall be referred to the

Secretary for a determination as to whether the individual

shall have his or her license suspended immediately, pending a

hearing by the Department.

In instances in which the Secretary immediately suspends a

person's license under this Section, a hearing on that person's

license must be convened by the Department within 30 days after

the suspension and completed without appreciable delay. The

Department and Board shall have the authority to review the

subject individual's record of treatment and counseling

regarding the impairment to the extent permitted by applicable

federal statutes and regulations safeguarding the

confidentiality of medical records.

An individual licensed under this Act and affected under

this Section shall be afforded an opportunity to demonstrate to

the Department or Board that he or she can resume practice in

compliance with acceptable and prevailing standards under the

provisions of his or her license.

(Source: P.A. 97-813, eff. 7-13-12; 97-1002, eff. 8-17-12;

98-553, eff. 1-1-14; 98-756, eff. 7-16-14.)

(225 ILCS 454/20-21)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20-21. Injunctions; cease and desist order.

(a) If any person violates the provisions of this Act, the

Secretary may, in the name of the People of the State of

Illinois, through the Attorney General of the State of Illinois

or the State's Attorney for any county in which the action is

brought, petition for an order enjoining the violation or for

an order enforcing compliance with this Act. Upon the filing of

a verified petition in court, the court may issue a temporary

restraining order, without notice or condition, and may

preliminarily and permanently enjoin the violation. If it is

established that the person has violated or is violating the

injunction, the Court may punish the offender for contempt of

court. Proceedings under this Section shall be in addition to,

and not in lieu of, all other remedies and penalties provided

by this Act.

(b) Whenever in the opinion of the Department a person

violates a provision of this Act, the Department may issue a

ruling to show cause why an order to cease and desist should

not be entered against that person. The rule shall clearly set

forth the grounds relied upon by the Department and shall allow

at least 7 days from the date of the rule to file an answer to

the satisfaction of the Department. Failure to answer to the

satisfaction of the Department shall cause an order to cease

and desist to be issued immediately.

(c) Other than as provided in Section 5-20 of this Act, if

any person practices as a managing real estate broker, broker,

real estate salesperson or leasing agent or holds himself or

herself out as a licensed sponsoring broker, managing broker,

real estate broker, real estate salesperson or leasing agent

under this Act without being issued a valid existing license by

the Department, then any licensed sponsoring broker, managing

broker, real estate broker, real estate salesperson, leasing

agent, any interested party, or any person injured thereby may,

in addition to the Secretary, petition for relief as provided

in subsection (a) of this Section.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/20-22)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20-22. Violations. Any person who is found working or

acting as a managing broker, real estate broker, real estate

salesperson, or leasing agent or holding himself or herself out

as a licensed sponsoring broker, managing broker, real estate

broker, real estate salesperson, or leasing agent without being

issued a valid existing license is guilty of a Class A

misdemeanor and on conviction of a second or subsequent offense

the violator shall be guilty of a Class 4 felony.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/20-85)

(Section scheduled to be repealed on January 1, 2020)

Sec. 20-85. Recovery from Real Estate Recovery Fund. The

Department shall maintain a Real Estate Recovery Fund from

which any person aggrieved by an act, representation,

transaction, or conduct of a licensee or unlicensed employee of

a licensee that is in violation of this Act or the rules

promulgated pursuant thereto, constitutes embezzlement of

money or property, or results in money or property being

unlawfully obtained from any person by false pretenses,

artifice, trickery, or forgery or by reason of any fraud,

misrepresentation, discrimination, or deceit by or on the part

of any such licensee or the unlicensed employee of a licensee

and that results in a loss of actual cash money, as opposed to

losses in market value, may recover. The aggrieved person may

recover, by a post-judgment order of the circuit court of the

county where the violation occurred in a proceeding described

in Section 20-90 of this Act, an amount of not more than

$25,000 from the Fund for damages sustained by the act,

representation, transaction, or conduct, together with costs

of suit and attorney's fees incurred in connection therewith of

not to exceed 15% of the amount of the recovery ordered paid

from the Fund. However, no person licensee may recover from the

Fund unless the court finds that the person suffered a loss

resulting from intentional misconduct. The post-judgment order

shall not include interest on the judgment. The maximum

liability against the Fund arising out of any one act shall be

as provided in this Section, and the post-judgment order shall

spread the award equitably among all co-owners or otherwise

aggrieved persons, if any. The maximum liability against the

Fund arising out of the activities of any one licensee or one

unlicensed employee of a licensee, since January 1, 1974, shall

be $100,000. Nothing in this Section shall be construed to

authorize recovery from the Fund unless the loss of the

aggrieved person results from an act or omission of a licensee

under this Act who was at the time of the act or omission

acting in such capacity or was apparently acting in such

capacity or their unlicensed employee and unless the aggrieved

person has obtained a valid judgment and post-judgment order of

the court as provided for in Section 20-90 of this Act. No

person aggrieved by an act, representation, or transaction that

is in violation of the Illinois Real Estate Time-Share Act or

the Land Sales Registration Act of 1989 may recover from the

Fund.

(Source: P.A. 96-856, eff. 12-31-09; 97-1002, eff. 8-17-12.)

(225 ILCS 454/25-10)

(Section scheduled to be repealed on January 1, 2020)

Sec. 25-10. Real Estate Administration and Disciplinary

Board; duties. There is created the Real Estate Administration

and Disciplinary Board. The Board shall be composed of 9

persons appointed by the Governor. Members shall be appointed

to the Board subject to the following conditions:

(1) All members shall have been residents and citizens

of this State for at least 6 years prior to the date of

appointment.

(2) Six members shall have been actively engaged as

managing brokers or brokers salespersons or both for at

least the 10 years prior to the appointment.

(3) Three members of the Board shall be public members

who represent consumer interests.

None of these members shall be (i) a person who is licensed

under this Act or a similar Act of another jurisdiction, (ii)

the spouse or family member of a licensee, (iii) a person who

has an ownership interest in a real estate brokerage business,

or (iv) a person the Department determines to have any other

connection with a real estate brokerage business or a licensee.

The members' terms shall be 4 years or until their successor is

appointed, and the expiration of their terms shall be

staggered. Appointments to fill vacancies shall be for the

unexpired portion of the term. The membership of the Board

should reasonably reflect the geographic distribution of the

licensee population in this State. In making the appointments,

the Governor shall give due consideration to the

recommendations by members and organizations of the

profession. The Governor may terminate the appointment of any

member for cause that in the opinion of the Governor reasonably

justifies the termination. Cause for termination shall include

without limitation misconduct, incapacity, neglect of duty, or

missing 4 board meetings during any one calendar year. Each

member of the Board may receive a per diem stipend in an amount

to be determined by the Secretary. Each member shall be paid

his or her necessary expenses while engaged in the performance

of his or her duties. Such compensation and expenses shall be

paid out of the Real Estate License Administration Fund. The

Secretary shall consider the recommendations of the Board on

questions involving standards of professional conduct,

discipline, and examination of candidates under this Act. The

Department, after notifying and considering the

recommendations of the Board, if any, may issue rules,

consistent with the provisions of this Act, for the

administration and enforcement thereof and may prescribe forms

that shall be used in connection therewith. Five Board members

shall constitute a quorum. A quorum is required for all Board

decisions.

(Source: P.A. 98-1109, eff. 1-1-15.)

(225 ILCS 454/25-25)

(Section scheduled to be repealed on January 1, 2020)

Sec. 25-25. Real Estate Research and Education Fund. A

special fund to be known as the Real Estate Research and

Education Fund is created and shall be held in trust in the

State Treasury. Annually, on September 15th, the State

Treasurer shall cause a transfer of $125,000 to the Real Estate

Research and Education Fund from the Real Estate License

Administration Fund. The Real Estate Research and Education

Fund shall be administered by the Department. Money deposited

in the Real Estate Research and Education Fund may be used for

research and education at state institutions of higher

education or other organizations for research and the

advancement of education in the real estate industry. Of the

$125,000 annually transferred into the Real Estate Research and

Education Fund, $15,000 shall be used to fund a scholarship

program for persons of minority racial origin who wish to

pursue a course of study in the field of real estate. For the

purposes of this Section, "course of study" means a course or

courses that are part of a program of courses in the field of

real estate designed to further an individual's knowledge or

expertise in the field of real estate. These courses shall

include without limitation courses that a salesperson licensed

under this Act must complete to qualify for a real estate

broker's license, courses that a broker licensed under this Act

must complete to qualify for a managing broker's license,

courses required to obtain the Graduate Realtors Institute

designation, and any other courses or programs offered by

accredited colleges, universities, or other institutions of

higher education in Illinois. The scholarship program shall be

administered by the Department or its designee. Moneys in the

Real Estate Research and Education Fund may be invested and

reinvested in the same manner as funds in the Real Estate

Recovery Fund and all earnings, interest, and dividends

received from such investments shall be deposited in the Real

Estate Research and Education Fund and may be used for the same

purposes as moneys transferred to the Real Estate Research and

Education Fund. Moneys in the Real Estate Research and

Education Fund may be transferred to the Professions Indirect

Cost Fund as authorized under Section 2105-300 of the

Department of Professional Regulation Law of the Civil

Administrative Code of Illinois.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/30-15)

(Section scheduled to be repealed on January 1, 2020)

Sec. 30-15. Licensing of continuing education schools;

approval of courses.

(a) Only continuing education schools in possession of a

valid continuing education school license may provide real

estate continuing education courses that will satisfy the

requirements of this Act. Pre-license schools licensed to offer

pre-license education courses for salespersons, brokers, and

managing brokers, or leasing agents shall qualify for a

continuing education school license upon completion of an

application and the submission of the required fee. Every

entity that desires to obtain a continuing education school

license shall make application to the Department in writing in

forms prescribed by the Department and pay the fee prescribed

by rule. In addition to any other information required to be

contained in the application, every application for an original

or renewed license shall include the applicant's Social

Security number.

(b) The criteria for a continuing education license shall

include the following:

(1) A sound financial base for establishing,

promoting, and delivering the necessary courses. Budget

planning for the School's courses should be clearly

projected.

(2) A sufficient number of qualified, licensed

instructors as provided by rule.

(3) Adequate support personnel to assist with

administrative matters and technical assistance.

(4) Maintenance and availability of records of

participation for licensees.

(5) The ability to provide each participant who

successfully completes an approved program with a

certificate of completion signed by the administrator of a

licensed continuing education school on forms provided by

the Department.

(6) The continuing education school must have a written

policy dealing with procedures for the management of

grievances and fee refunds.

(7) The continuing education school shall maintain

lesson plans and examinations for each course.

(8) The continuing education school shall require a 70%

passing grade for successful completion of any continuing

education course.

(9) The continuing education school shall identify and

use instructors who will teach in a planned program.

Suggested criteria for instructor selections include:

(A) appropriate credentials;

(B) competence as a teacher;

(C) knowledge of content area; and

(D) qualification by experience.

(10) The continuing education school shall provide a

proctor or an electronic means of proctoring for each

examination. The continuing education school shall be

responsible for the conduct of the proctor. The duties and

responsibilities of a proctor shall be established by rule.

(11) The continuing education school must provide for

closed book examinations for each course unless the

Advisory Council excuses this requirement based on the

complexity of the course material.

(c) Advertising and promotion of continuing education

activities must be carried out in a responsible fashion,

clearly showing the educational objectives of the activity, the

nature of the audience that may benefit from the activity, the

cost of the activity to the participant and the items covered

by the cost, the amount of credit that can be earned, and the

credentials of the faculty.

(d) The Department may or upon request of the Advisory

Council shall, after notice, cause a continuing education

school to attend an informal conference before the Advisory

Council for failure to comply with any requirement for

licensure or for failure to comply with any provision of this

Act or the rules for the administration of this Act. The

Advisory Council shall make a recommendation to the Board as a

result of its findings at the conclusion of any such informal

conference.

(e) All continuing education schools shall maintain these

minimum criteria and pay the required fee in order to retain

their continuing education school license.

(f) All continuing education schools shall submit, at the

time of initial application and with each license renewal, a

list of courses with course materials to be offered by the

continuing education school. The Department, however, shall

establish a mechanism whereby continuing education schools may

apply for and obtain approval for continuing education courses

that are submitted after the time of initial application or

renewal. The Department shall provide to each continuing

education school a certificate for each approved continuing

education course. All continuing education courses shall be

valid for the period coinciding with the term of license of the

continuing education school. All continuing education schools

shall provide a copy of the certificate of the continuing

education course within the course materials given to each

student or shall display a copy of the certificate of the

continuing education course in a conspicuous place at the

location of the class.

(g) Each continuing education school shall provide to the

Department a monthly report in a format determined by the

Department, with information concerning students who

successfully completed all approved continuing education

courses offered by the continuing education school for the

prior month.

(h) The Department, upon the recommendation of the Advisory

Council, may temporarily suspend a licensed continuing

education school's approved courses without hearing and refuse

to accept successful completion of or participation in any of

these continuing education courses for continuing education

credit from that school upon the failure of that continuing

education school to comply with the provisions of this Act or

the rules for the administration of this Act, until such time

as the Department receives satisfactory assurance of

compliance. The Department shall notify the continuing

education school of the noncompliance and may initiate

disciplinary proceedings pursuant to this Act. The Department

may refuse to issue, suspend, revoke, or otherwise discipline

the license of a continuing education school or may withdraw

approval of a continuing education course for good cause.

Failure to comply with the requirements of this Section or any

other requirements established by rule shall be deemed to be

good cause. Disciplinary proceedings shall be conducted by the

Board in the same manner as other disciplinary proceedings

under this Act.

(Source: P.A. 96-856, eff. 12-31-09.)

(225 ILCS 454/35-5)

(Section scheduled to be repealed on January 1, 2020)

Sec. 35-5. Savings provisions.

(a) This Act is intended to replace the Real Estate License

Act of 1983 in all respects.

(b) The Beginning December 31, 1999, the rights, powers,

and duties exercised by the Office of Banks and Real Estate

under the Real Estate License Act of 1983 shall continue to be

vested in, be the obligation of, and shall be exercised by the

Division of Real Estate of the Department of Financial and

Professional Regulation Office of Banks and Real Estate under

the provisions of this Act.

(c) This Act does not affect any act done, ratified, or

cancelled, or any right occurring or established, or any action

or proceeding had or commenced in an administrative, civil, or

criminal cause before December 31, 1999, by the Office of Banks

and Real Estate under the Real Estate License Act of 1983, and

those actions or proceedings may be prosecuted and continued by

the Division of Real Estate of the Department of Financial and

Professional Regulation Office of Banks and Real Estate under

this Act.

(d) This Act does not affect any license, certificate,

permit, or other form of licensure or authorization issued by

the Office of Banks and Real Estate under the Real Estate

License Act of 1983 or by the Division of Professional

Regulation of the Department of Financial and Professional

Regulation under this Act, and all such licenses, certificates,

permits, or other form of licensure or authorization shall

continue to be valid under the terms and conditions of this

Act.

(e) The rules adopted by the Office of Banks and Real

Estate relating to the Real Estate License Act of 1983, unless

inconsistent with the provisions of this Act, are not affected

by this Act, and on December 31, 1999 those rules become the

rules under this Act. The Office of Banks and Real Estate

shall, as soon as practicable, adopt new or amended rules

consistent with the provisions of this Act.

(f) This Act does not affect any discipline, suspension, or

termination taken under the Real Estate License Act of 1983 and

that discipline, suspension, or termination shall be continued

under this Act.

(g) This Act does not affect any appointments, term

limitations, years served, or other matters relating to

individuals serving on any board or council under the Real

Estate License Act of 1983, and these appointments, term

limitations, years served, and other matters shall be continued

under this Act.

(Source: P.A. 91-245, eff. 12-31-99.)

(225 ILCS 454/5-46 rep.)

(225 ILCS 454/5-47 rep.)

Section 960. The Real Estate License Act of 2000 is amended

by repealing Sections 5-46 and 5-47.

Section 965. The Professional Service Corporation Act is

amended by changing Sections 2, 3.1, 3.2, 3.6, 12, 12.1, and 13

and by adding Sections 13.5 and 15.5 as follows:

(805 ILCS 10/2) (from Ch. 32, par. 415-2)

Sec. 2. It is the legislative intent to provide for the

incorporation of an individual or group of individuals to

render the same professional service or related professional

services to the public for which such individuals are required

by law to be licensed or to obtain other legal authorization,

while preserving the established professional aspects of the

personal relationship between the professional person and

those he or she serves professionally.

(Source: P.A. 78-783.)

(805 ILCS 10/3.1) (from Ch. 32, par. 415-3.1)

Sec. 3.1. "Ancillary personnel" means such person acting in

their customary capacities, employed by those rendering a

professional service who:

(1) Are not licensed to engage in the category of

professional service for which a professional corporation was

formed; and

(2) Work at the direction or under the supervision of those

who are so licensed; and

(3) Do not hold themselves out to the public generally as

being authorized to engage in the practice of the profession

for which the corporation is licensed; and

(4) Are not prohibited by the regulating licensing

authority, regulating the category of professional service

rendered by the corporation from being so employed and includes

clerks, secretaries, technicians and other assistants who are

not usually and ordinarily considered by custom and practice to

be rendering the professional services for which the

corporation was formed.

(Source: P.A. 77-565.)

(805 ILCS 10/3.2) (from Ch. 32, par. 415-3.2)

Sec. 3.2. "Regulating authority" means the State board,

department, agency or the Supreme Court of Illinois (in the

case of attorneys at law), the Department of Financial and

Professional Regulation, or other State board, department, or

agency having jurisdiction to grant a license to render the

category of professional service for which a professional

corporation has been organized, or the United States Patent

Office, or the Internal Revenue Service of the United States

Treasury Department.

(Source: P.A. 78-561.)

(805 ILCS 10/3.6) (from Ch. 32, par. 415-3.6)

Sec. 3.6. "Related professions" and "related professional

services" mean more than one personal service which requires as

a condition precedent to the rendering thereof the obtaining of

a license and which prior to October 1, 1973 could not be

performed by a corporation by reason of law; provided, however,

that these terms shall be restricted to:

(1) a combination of 2 two or more of the following

personal services: (a) "architecture" as defined in

Section 5 of the Illinois Architecture Practice Act of

1989, (b) "professional engineering" as defined in Section

4 of the Professional Engineering Practice Act of 1989, (c)

"structural engineering" as defined in Section 5 of the

Structural Engineering Practice Act of 1989, (d) "land

surveying" as defined in Section 2 of the Illinois

Professional Land Surveyor Act of 1989; or

(2) a combination of the following personal services:

(a) the practice of medicine by persons licensed under the

Medical Practice Act of 1987, (b) the practice of podiatry

as defined in Section 5 of the Podiatric Medical Practice

Act of 1987, (c) the practice of dentistry as defined in

the Illinois Dental Practice Act, (d) the practice of

optometry as defined in the Illinois Optometric Practice

Act of 1987; .

(3) a combination of 2 or more of the following

personal services: (a) the practice of clinical psychology

by persons licensed under the Clinical Psychologist

Licensing Act, (b) the practice of social work or clinical

social work by persons licensed under the Clinical Social

Work and Social Work Practice Act, (c) the practice of

marriage and family therapy by persons licensed under the

Marriage and Family Therapy Licensing Act, (d) the practice

of professional counseling or clinical professional

counseling by persons licensed under the Professional

Counselor and Clinical Professional Counselor Licensing

and Practice Act, or (e) the practice of sex offender

evaluations by persons licensed under the Sex Offender

Evaluation and Treatment Provider Act; or

(4) a combination of 2 or more of the following

personal services: (a) the practice of acupuncture by

persons licensed under the Acupuncture Practice Act, (b)

the practice of massage by persons licensed under the

Massage Licensing Act, (c) the practice of naprapathy by

persons licensed under the Naprapathic Practice Act, (d)

the practice of occupational therapy by persons licensed

under the Illinois Occupational Therapy Practice Act, or

(e) the practice of physical therapy by persons licensed

under the Illinois Physical Therapy Act.

(Source: P.A. 95-738, eff. 1-1-09.)

(805 ILCS 10/12) (from Ch. 32, par. 415-12)

Sec. 12. (a) No corporation shall open, operate or maintain

an establishment for any of the purposes for which a

corporation may be organized under this Act without a

certificate of registration from the regulating authority

authorized by law to license individuals to engage in the

profession or related professions concerned. Application for

such registration shall be made in writing, and shall contain

the name and primary mailing address of the corporation, the

name and address of the corporation's registered agent, the

address of the practice location maintained by the corporation,

each assumed name being used by the corporation, and such other

information as may be required by the regulating authority. All

official correspondence from the regulating authority shall be

mailed to the primary mailing address of the corporation except

that the corporation may elect to have renewal and non-renewal

notices sent to the registered agent of the corporation. Upon

receipt of such application, the regulating authority, or some

administrative agency of government designated by it, shall

make an investigation of the corporation. If the regulating

authority is the Supreme Court it may designate the bar or

legal association which investigates and prefers charges

against lawyers to it for disciplining. If such authority finds

that the incorporators, officers, directors and shareholders

are each licensed pursuant to the laws of Illinois to engage in

the particular profession or related professions involved

(except that the secretary of the corporation need not be so

licensed), and if no disciplinary action is pending before it

against any of them, and if it appears that the corporation

will be conducted in compliance with the law and the

regulations and rules of the regulating authority, such

authority, shall issue, upon payment of a registration fee of

$50, a certificate of registration.

A separate application shall be submitted for each business

location in Illinois. If the corporation is using more than one

fictitious or assumed name and has an address different from

that of the parent company, a separate application shall be

submitted for each fictitious or assumed name.

Upon written application of the holder, the regulating

authority which originally issued the certificate of

registration shall renew the certificate if it finds that the

corporation has complied with its regulations and the

provisions of this Act.

The fee for the renewal of a certificate of registration

shall be calculated at the rate of $40 per year.

The certificate of registration shall be conspicuously

posted upon the premises to which it is applicable, and the

professional corporation shall have only those offices which

are designated by street address in the articles of

incorporation, or as changed by amendment of such articles. No

certificate of registration shall be assignable.

(b) Moneys collected under this Section from a professional

corporation organized to practice law shall be deposited into

the Supreme Court Special Purposes Fund.

(c) After the effective date of this amendatory Act of the

98th General Assembly, the amount of any fee collected under

this Section from a professional corporation organized to

practice law may be set by Supreme Court rule, except that the

amount of the fees shall remain as set by statute until the

Supreme Court adopts rules specifying a higher or lower fee

amount.

(Source: P.A. 98-324, eff. 10-1-13.)

(805 ILCS 10/12.1) (from Ch. 32, par. 415-12.1)

Sec. 12.1. Any corporation which on 2 occasions issues or

delivers a check or other order to the Department of Financial

and Professional Regulation which is not honored by the

financial institution upon which it is drawn because of

insufficient funds on account, shall pay to the Department, in

addition to the amount owing upon such check or other order, a

fee of $50. If such check or other order was issued or

delivered in payment of a renewal fee and the corporation whose

certificate of registration has lapsed continues to practice as

a corporation without paying the renewal fee and the $50 fee

required under this Section, an additional fee of $100 shall be

imposed for practicing without a current license. The

Department shall notify the corporation whose certificate of

registration has lapsed, within 30 days after the discovery by

the Department that such corporation is operating without a

current certificate, that the corporation is operating without

a certificate, and of the amount due to the Department, which

shall include the lapsed renewal fee and all other fees

required by this Section. If after the expiration of 30 days

from the date of such notification, the corporation whose

certificate has lapsed seeks a current certificate, it shall

thereafter apply to the Department for reinstatement of the

certificate and pay all fees due to the Department. The

Department may establish a fee for the processing of an

application for reinstatement of a certificate which allows the

Department to pay all costs and expenses incident to the

processing of this application. The Director may waive the fees

due under this Section in individual cases where he finds that

in the particular case such fees would be unreasonable or

unnecessarily burdensome.

(Source: P.A. 85-1209.)

(805 ILCS 10/13) (from Ch. 32, par. 415-13)

Sec. 13. The regulating authority which issued the

certificate of registration may suspend or revoke the

certificate or may otherwise discipline the certificate holder

it for any of the following reasons:

(a) The revocation or suspension of the license to practice

the profession of any officer, director, shareholder or

employee not promptly removed or discharged by the corporation;

(b) unethical professional conduct on the part of any officer,

director, shareholder or employee not promptly removed or

discharged by the corporation; (c) the death of the last

remaining shareholder; (d) upon finding that the holder of a

certificate has failed to comply with the provisions of this

Act or the regulations prescribed by the regulating authority

that issued it; or (e) the failure to file a return, or to pay

the tax, penalty or interest shown in a filed return, or to pay

any final assessment of tax, penalty or interest, as required

by any tax Act administered by the Illinois Department of

Revenue, until such time as the requirements of any such tax

Act are satisfied.

Before any certificate of registration is suspended or

revoked, the holder shall be given written notice of the

proposed action and the reasons therefor, and shall provide a

public hearing by the regulating authority, with the right to

produce testimony and other evidence concerning the charges

made. The notice shall also state the place and date of the

hearing which shall be at least 10 days after service of said

notice.

All orders of regulating authorities denying an

application for a certificate of registration, or suspending or

revoking a certificate of registration, or imposing a civil

penalty shall be subject to judicial review pursuant to the

provisions of the Administrative Review Law, as now or

hereafter amended, and the rules adopted pursuant thereto then

in force.

The proceedings for judicial review shall be commenced in

the circuit court of the county in which the party applying for

review is located. If the party is not currently located in

Illinois, the venue shall be in Sangamon County. The regulating

authority shall not be required to certify any record to the

court or file any answer in court or otherwise appear in any

court in a judicial review proceeding, unless and until the

regulating authority has received from the plaintiff payment of

the costs of furnishing and certifying the record, which costs

shall be determined by the regulating authority. Exhibits shall

be certified without cost. Failure on the part of the plaintiff

to file a receipt in court is grounds for dismissal of the

action.

(Source: P.A. 85-1222.)

(805 ILCS 10/13.5 new)

Sec. 13.5. Notice of violation. Whenever the regulating

authority has reason to believe a corporation has opened,

operated, or maintained an establishment for any of the

purposes for which a corporation may be organized under this

Act without a certificate of registration from the regulating

authority authorized by law to license individuals to engage in

the profession or related professions, the regulating

authority may issue a notice of violation to the corporation.

The notice of violation shall provide a period of 30 days from

the date of the notice to either file an answer to the

satisfaction of the regulating authority or submit an

application for registration in compliance with this Act,

including payment of the $50 application fee and a late fee of

$100 for each year that the corporation opened, operated, or

maintained an establishment for any of the purposes for which a

corporation may be organized under this Act without having been

issued a certificate of registration, with a maximum late fee

of $500. If the corporation that is the subject of the notice

of violation fails to respond, fails to respond to the

satisfaction of the regulating authority, or fails to submit an

application for registration, the regulating authority may

institute disciplinary proceedings against the corporation and

may impose a civil penalty up to $1,000 for violation of this

Act after affording the corporation a hearing in conformance

with the requirements of this Act.

(805 ILCS 10/15.5 new)

Sec. 15.5. Confidentiality. All information collected by

the regulating authority in the course of an examination or

investigation of a holder of a certificate of registration or

an applicant, including, but not limited to, any complaint

against a holder of a certificate of registration filed with

the regulating authority and information collected to

investigate any such complaint, shall be maintained for the

confidential use of the regulating authority and shall not be

disclosed. The regulating authority may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the regulating authority, or a party

presenting a lawful subpoena to the regulating authority.

Information and documents disclosed to a federal, State,

county, or local law enforcement agency shall not be disclosed

by the agency for any purpose to any other agency or person. A

formal complaint filed against a holder of a certificate of

registration or an applicant shall be a public record, except

as otherwise prohibited by law.

Section 970. The Medical Corporation Act is amended by

changing Sections 2, 5, 5.1, 8, 10, 11, 12, 13, and 15 and by

adding Sections 13.5 and 16.5 as follows:

(805 ILCS 15/2) (from Ch. 32, par. 632)

Sec. 2. One or more persons licensed pursuant to the

Medical Practice Act of 1987, as heretofore or hereafter

amended, may form a corporation pursuant to the "Business

Corporation Act of 1983", as amended, to own, operate and

maintain an establishment for the study, diagnosis and

treatment of human ailments and injuries, whether physical or

mental, and to promote medical, surgical and scientific

research and knowledge; provided that medical or surgical

treatment, consultation or advice may be given by shareholders,

directors, officers, agents, and employees of the corporation

only if they are licensed pursuant to the Medical Practice Act

of 1987; and provided further, however, that nothing herein

shall prohibit an attorney licensed to practice law in Illinois

from signing and acting as initial incorporator on behalf of

such corporation.

(Source: P.A. 85-1209.)

(805 ILCS 15/5) (from Ch. 32, par. 635)

Sec. 5. No corporation shall open, operate or maintain an

establishment for any of the purposes set forth in Section 2 of

this Act without a certificate of registration from the

Department of Financial and Professional Regulation,

hereinafter called the Department. Application for such

registration shall be made to the Department in writing and

shall contain the name and primary mailing address of the

corporation, the name and address of the corporation's

registered agent, the address of the practice location

maintained by the corporation, each assumed name being used by

the corporation, and such other information as may be required

by the Department. All official correspondence from the

Department shall be mailed to the primary mailing address of

the corporation except that the corporation may elect to have

renewal and non-renewal notices sent to the registered agent of

the corporation. A separate application shall be submitted for

each business location in Illinois. If the corporation is using

more than one fictitious or assumed name and has an address

different from that of the parent company, a separate

application shall be submitted for each fictitious or assumed

name. Upon receipt of such application, the Department shall

make an investigation of the corporation. If the Department

finds that the incorporators, officers, directors and

shareholders are all licensed pursuant to the Medical Practice

Act of 1987 and if no disciplinary action is pending before the

Department against any of them, and if it appears that the

corporation will be conducted in compliance with law and the

regulations of the Department, the Department shall issue, upon

payment of a registration fee of $50, a certificate of

registration.

(Source: P.A. 85-1209.)

(805 ILCS 15/5.1)

Sec. 5.1. Deposit of fees and fines. Beginning July 1,

2003, all of the fees, civil penalties, and fines collected

under this Act shall be deposited into the General Professions

Dedicated Fund.

(Source: P.A. 93-32, eff. 7-1-03.)

(805 ILCS 15/8) (from Ch. 32, par. 638)

Sec. 8. In the event of a change of location of the

registered establishment, the corporation shall notify the

Department, in accordance with its regulations, and the

Department shall amend the certificate of registration so that

it shall apply to the new location.

(Source: Laws 1963, p. 3513.)

(805 ILCS 15/10) (from Ch. 32, par. 640)

Sec. 10. The Department may suspend or revoke any

certificate of registration or may otherwise discipline the

certificate holder for any of the following reasons: (a) the

revocation or suspension of the license to practice medicine of

any officer, director, shareholder or employee not promptly

removed or discharged by the corporation; (b) unethical

professional conduct on the part of any officer, director,

shareholder or employee not promptly removed or discharged by

the corporation; (c) the death of the last remaining

shareholder; or (d) upon finding that the holder of a

certificate has failed to comply with the provisions of this

Act or the regulations prescribed by the Department.

The Department may refuse to issue or renew or may suspend

the certificate of any corporation which fails to file a

return, or to pay the tax, penalty or interest shown in a filed

return, or to pay any final assessment of tax, penalty or

interest, as required by any tax Act administered by the

Illinois Department of Revenue, until such time as the

requirements of any such tax Act are satisfied.

(Source: P.A. 85-1222.)

(805 ILCS 15/11) (from Ch. 32, par. 641)

Sec. 11. Before any certificate of registration is

suspended or revoked, the holder shall be given written notice

of the proposed action and the reasons therefor, and shall be

given a public hearing by the Department with the right to

produce testimony concerning the charges made. The notice shall

also state the place and date of the hearing which shall be at

least 10 5 days after service of said notice.

(Source: Laws 1963, p. 3513.)

(805 ILCS 15/12) (from Ch. 32, par. 642)

Sec. 12. The provisions of the Administrative Review Law,

as heretofore or hereafter amended, and all rules adopted

pursuant thereto, shall apply to and govern all proceedings for

the judicial review of final administrative decisions of the

Department hereunder. The term "administrative decision" is

defined as in Section 3-101 of the Code of Civil Procedure.

The proceedings for judicial review shall be commenced in

the circuit court of the county in which the party applying for

review is located. If the party is not currently located in

Illinois, the venue shall be in Sangamon County. The Department

shall not be required to certify any record to the court or

file any answer in court or otherwise appear in any court in a

judicial review proceeding, unless and until the Department has

received from the plaintiff payment of the costs of furnishing

and certifying the record, which costs shall be determined by

the Department. Exhibits shall be certified without cost.

Failure on the part of the plaintiff to file a receipt in court

is grounds for dismissal of the action.

(Source: P.A. 82-783.)

(805 ILCS 15/13) (from Ch. 32, par. 643)

Sec. 13. (a) All of the officers, directors and

shareholders of a corporation subject to this Act shall at all

times be persons licensed pursuant to the Medical Practice Act

of 1987. No person who is not so licensed shall have any part

in the ownership, management, or control of such corporation,

nor may any proxy to vote any shares of such corporation be

given to a person who is not so licensed. Notwithstanding any

provisions to the contrary in the "Business Corporation Act of

1983", as now or hereafter amended, if all of the shares of a

corporation subject to this Act are owned by one shareholder,

the office of president and secretary may be held by the same

person.

(b) No corporation may issue any of its capital stock to

anyone other than an individual who is duly licensed under the

Medical Practice Act of 1987. No shareholder shall enter into a

voting trust agreement or any other type of agreement vesting

another person with the authority to exercise the voting power

of any of his or her stock.

(c) A corporation may, for purposes of dissolution, have as

its shareholders, directors, officers, agents, and employees

individuals who are not licensed under the Medical Practice Act

of 1987, provided that the corporation does not render any

medical services nor hold itself out as capable of or available

to render medical services during the period of dissolution.

The Department shall not issue or renew any certificate of

authority to a corporation during the period of dissolution. A

copy of the certificate of dissolution, as issued by the

Secretary of State, shall be delivered to the Department within

30 days after its receipt by the incorporators.

(Source: P.A. 85-1209.)

(805 ILCS 15/13.5 new)

Sec. 13.5. Notice of violation. Whenever the Department has

reason to believe a corporation has opened, operated, or

maintained an establishment for any of the purposes for which a

corporation may be organized under this Act without a

certificate of registration from the Department, the

Department may issue a notice of violation to the corporation.

The notice of violation shall provide a period of 30 days from

the date of the notice to either file an answer to the

satisfaction of the Department or submit an application for

registration in compliance with this Act, including payment of

the $50 application fee and a late fee of $100 for each year

that the corporation opened, operated, or maintained an

establishment for any of the purposes for which a corporation

may be organized under this Act without having been issued a

certification of registration, with a maximum late fee of $500.

If the corporation that is the subject of the notice of

violation fails to respond, fails to respond to the

satisfaction of the Department, or fails to submit an

application for registration, the Department may institute

disciplinary proceedings against the corporation and may

impose a civil penalty up to $1,000 for violation of this Act

after affording the corporation a hearing in conformance with

the requirements of this Act.

(805 ILCS 15/15) (from Ch. 32, par. 645)

Sec. 15. Each individual shareholder, director, officer,

agent, or employee licensed pursuant to the Medical Practice

Act of 1987 who is employed by a corporation subject to this

Act shall remain subject to reprimand or discipline for his

conduct under the provisions of the Medical Practice Act of

1987.

(Source: P.A. 85-1209.)

(805 ILCS 15/16.5 new)

Sec. 16.5. Confidentiality. All information collected by

the Department in the course of an examination or investigation

of a holder of a certificate of registration or an applicant,

including, but not limited to, any complaint against a holder

of a certificate of registration filed with the Department and

information collected to investigate any such complaint, shall

be maintained for the confidential use of the Department and

shall not be disclosed. The Department may not disclose the

information to anyone other than law enforcement officials,

other regulatory agencies that have an appropriate regulatory

interest as determined by the Secretary, or a party presenting

a lawful subpoena to the Department. Information and documents

disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to

any other agency or person. A formal complaint filed against a

holder of a certificate of registration by the Department or

any order issued by the Department against a holder of a

certificate of registration or an applicant shall be a public

record, except as otherwise prohibited by law.

Section 975. The Limited Liability Company Act is amended

by changing Sections 1-10, 1-25, 1-28, 5-5, and 5-55 as

follows:

(805 ILCS 180/1-10)

Sec. 1-10. Limited liability company name.

(a) The name of each limited liability company or foreign

limited liability company organized, existing, or subject to

the provisions of this Act:

(1) shall contain the terms "limited liability

company", "L.L.C.", or "LLC", or, if organized as a

low-profit limited liability company under Section 1-26 of

this Act, shall contain the term "L3C";

(2) may not contain a word or phrase, or an

abbreviation or derivation thereof, the use of which is

prohibited or restricted by any other statute of this State

unless the restriction has been complied with;

(3) shall consist of letters of the English alphabet,

Arabic or Roman numerals, or symbols capable of being

readily reproduced by the Office of the Secretary of State;

(4) shall not contain any of the following terms:

"Corporation," "Corp.," "Incorporated," "Inc.," "Ltd.,"

"Co.," "Limited Partnership" or "L.P.";

(5) shall be the name under which the limited liability

company transacts business in this State unless the limited

liability company also elects to adopt an assumed name or

names as provided in this Act; provided, however, that the

limited liability company may use any divisional

designation or trade name without complying with the

requirements of this Act, provided the limited liability

company also clearly discloses its name;

(6) shall not contain any word or phrase that indicates

or implies that the limited liability company is authorized

or empowered to be in the business of a corporate fiduciary

unless otherwise permitted by the Secretary of Financial

and Professional Regulation Commissioner of the Office of

Banks and Real Estate under Section 1-9 of the Corporate

Fiduciary Act. The word "trust", "trustee", or "fiduciary"

may be used by a limited liability company only if it has

first complied with Section 1-9 of the Corporate Fiduciary

Act; and

(7) shall contain the word "trust", if it is a limited

liability company organized for the purpose of accepting

and executing trusts. ; and

(8) shall not, as to any limited liability company

organized or amending its company name on or after April 3,

2009 (the effective date of Public Act 96-7), without the

express written consent of the United States Olympic

Committee, contain the words: (i) "Olympic"; (ii)

"Olympiad"; (iii) "Paralympic"; (iv) "Paralympiad"; (v)

"Citius Altius Fortius"; or (vi) "CHICOG".

(b) Nothing in this Section or Section 1-20 shall abrogate

or limit the common law or statutory law of unfair competition

or unfair trade practices, nor derogate from the common law or

principles of equity or the statutes of this State or of the

United States of America with respect to the right to acquire

and protect copyrights, trade names, trademarks, service

marks, service names, or any other right to the exclusive use

of names or symbols.

(c) (Blank).

(d) The name shall be distinguishable upon the records in

the Office of the Secretary of State from all of the following:

(1) Any limited liability company that has articles of

organization filed with the Secretary of State under

Section 5-5.

(2) Any foreign limited liability company admitted to

transact business in this State.

(3) Any name for which an exclusive right has been

reserved in the Office of the Secretary of State under

Section 1-15.

(4) Any assumed name that is registered with the

Secretary of State under Section 1-20.

(5) Any corporate name or assumed corporate name of a

domestic or foreign corporation subject to the provisions

of Section 4.05 of the Business Corporation Act of 1983 or

Section 104.05 of the General Not For Profit Corporation

Act of 1986.

(e) The provisions of subsection (d) of this Section shall

not apply if the organizer files with the Secretary of State a

certified copy of a final decree of a court of competent

jurisdiction establishing the prior right of the applicant to

the use of that name in this State.

(f) The Secretary of State shall determine whether a name

is "distinguishable" from another name for the purposes of this

Act. Without excluding other names that may not constitute

distinguishable names in this State, a name is not considered

distinguishable, for purposes of this Act, solely because it

contains one or more of the following:

(1) The word "limited", "liability" or "company" or an

abbreviation of one of those words.

(2) Articles, conjunctions, contractions,

abbreviations, or different tenses or number of the same

word.

(Source: P.A. 98-720, eff. 7-16-14.)

(805 ILCS 180/1-25)

Sec. 1-25. Nature of business.

(a) A limited liability company may be formed for any

lawful purpose or business except:

(1) (blank);

(2) insurance unless, for the purpose of carrying on

business as a member of a group including incorporated and

individual unincorporated underwriters, the Director of

Insurance finds that the group meets the requirements of

subsection (3) of Section 86 of the Illinois Insurance Code

and the limited liability company, if insolvent, is subject

to liquidation by the Director of Insurance under Article

XIII of the Illinois Insurance Code;

(3) the practice of dentistry unless all the members

and managers are licensed as dentists under the Illinois

Dental Practice Act; or

(4) the practice of medicine unless all the managers,

if any, are licensed to practice medicine under the Medical

Practice Act of 1987 and each member is either:

(A) licensed to practice medicine under the

Medical Practice Act of 1987; or

(B) a registered medical corporation or

corporations organized pursuant to the Medical

Corporation Act; or

(C) a professional corporation organized pursuant

to the Professional Service Corporation Act of

physicians licensed to practice under the Medical

Practice Act of 1987; or

(C-5) a hospital or hospital affiliate as defined

in Section 10.8 of the Hospital Licensing Act; or

(D) a limited liability company that satisfies the

requirements of subparagraph (A), (B), or (C), or

(C-5); .

(5) the practice of real estate unless all the

managers, if any, or every member in a member-managed

company are licensed to practice as a managing broker or

broker pursuant to the Real Estate License Act of 2000;

(6) the practice of clinical psychology unless all the

managers and members are licensed to practice as a clinical

psychologist under the Clinical Psychologist Licensing

Act;

(7) the practice of social work unless all the managers

and members are licensed to practice as a clinical social

worker or social worker under the Clinical Social Work and

Social Work Practice Act;

(8) the practice of marriage and family therapy unless

all the managers and members are licensed to practice as a

marriage and family therapist under the Marriage and Family

Therapy Licensing Act;

(9) the practice of professional counseling unless all

the managers and members are licensed to practice as a

clinical professional counselor or a professional

counselor under the Professional Counselor and Clinical

Professional Counselor Licensing and Practice Act;

(10) the practice of sex offender evaluations unless

all the managers and members are licensed to practice as a

sex offender evaluator under the Sex Offender Evaluation

and Treatment Provider Act; or

(11) the practice of veterinary medicine unless all the

managers and members are licensed to practice as a

veterinarian under the Veterinary Medicine and Surgery

Practice Act of 2004.

(b) Notwithstanding any provision of this Section, any of

the following professional services may be combined and offered

within a single company provided that each professional service

is only offered by persons licensed to provide that

professional service and all managers and members are licensed

in at least one of the professional services offered by the

company:

(1) the practice of medicine by physicians licensed

under the Medical Practice Act of 1987, the practice of

podiatry by podiatrists licensed under the Podiatric

Medical Practice Act of 1987, the practice of dentistry by

dentists licensed under the Illinois Dental Practice Act,

and the practice of optometry by optometrists licensed

under the Illinois Optometric Practice Act of 1987; or

(2) the practice of clinical psychology by clinical

psychologists licensed under the Clinical Psychologist

Licensing Act, the practice of social work by clinical

social workers or social workers licensed under the

Clinical Social Work and Social Work Practice Act, the

practice of marriage and family counseling by marriage and

family therapists licensed under the Marriage and Family

Therapy Licensing Act, the practice of professional

counseling by professional counselors and clinical

professional counselors licensed under the Professional

Counselor and Clinical Professional Counselor Licensing

and Practice Act, and the practice of sex offender

evaluations by sex offender evaluators licensed under the

Sex Offender Evaluation and Treatment Provider Act.

(c) Professional limited liability companies may be

organized under this Act.

(Source: P.A. 95-331, eff. 8-21-07; 95-738, eff. 1-1-09.)

(805 ILCS 180/1-28)

Sec. 1-28. Certificate of Registration; Department of

Financial and Professional Regulation. This Section applies

only to a limited liability company that intends to provide, or

does provide, professional services that require the

individuals engaged in the profession to be licensed by the

Department of Financial and Professional Regulation. A limited

liability company covered by this Section shall not open,

operate, or maintain an establishment for any of the purposes

for which a limited liability company may be organized under

this Act without obtaining a certificate of registration from

the Department pursuant to the Professional Limited Liability

Company Act.

Application for such registration shall be made in writing

and shall contain the name and address of the limited liability

company and such other information as may be required by the

Department. Upon receipt of such application, the Department

shall make an investigation of the limited liability company.

If the Department finds that the organizers, managers, and

members are each licensed pursuant to the laws of Illinois to

engage in the particular profession or related professions

involved (except that an initial organizer may be a licensed

attorney) and if no disciplinary action is pending before the

Department against any of them and if it appears that the

limited liability company will be conducted in compliance with

the law and the rules and regulations of the Department, the

Department shall issue, upon payment of a registration fee of

$50, a certificate of registration.

Upon written application of the holder, the Department

shall renew the certificate if it finds that the limited

liability company has complied with its regulations and the

provisions of this Act and the applicable licensing Act. This

fee for the renewal of a certificate of registration shall be

calculated at the rate of $40 per year. The certificate of

registration shall be conspicuously posted upon the premises to

which it is applicable, and the limited liability company shall

have only those offices which are designated by street address

in the articles of organization, or as changed by amendment of

such articles. A certificate of registration shall not be

assignable.

All fees collected under this Section shall be deposited

into the General Professions Dedicated Fund.

(Source: P.A. 96-679, eff. 8-25-09; 96-984, eff. 1-1-11;

96-1000, eff. 7-2-10.)

(805 ILCS 180/5-5)

Sec. 5-5. Articles of organization.

(a) The articles of organization shall set forth all of the

following:

(1) The name of the limited liability company and the

address of its principal place of business which may, but

need not be a place of business in this State.

(2) The purposes for which the limited liability

company is organized, which may be stated to be, or to

include, the transaction of any or all lawful businesses

for which limited liability companies may be organized

under this Act.

(3) The name of its registered agent and the address of

its registered office.

(4) If the limited liability company is to be managed

by a manager or managers, the names and business addresses

of the initial manager or managers.

(5) If management of the limited liability company is

to be vested in the members under Section 15-1, then the

names and addresses of the initial member or members.

(5.5) The duration of the limited liability company,

which shall be perpetual unless otherwise stated.

(6) (Blank).

(7) The name and address of each organizer.

(8) Any other provision, not inconsistent with law,

that the members elect to set out in the articles of

organization for the regulation of the internal affairs of

the limited liability company, including any provisions

that, under this Act, are required or permitted to be set

out in the operating agreement of the limited liability

company.

(b) A limited liability company is organized at the time

articles of organization are filed by the Secretary of State or

at any later time, not more than 60 days after the filing of

the articles of organization, specified in the articles of

organization.

(c) Articles of organization for the organization of a

limited liability company for the purpose of accepting and

executing trusts shall not be filed by the Secretary of State

until there is delivered to him or her a statement executed by

the Secretary of Financial and Professional Regulation

Commissioner of the Office of Banks and Real Estate that the

organizers of the limited liability company have made

arrangements with the Secretary of Financial and Professional

Regulation Commissioner of the Office of Banks and Real Estate

to comply with the Corporate Fiduciary Act.

(d) Articles of organization for the organization of a

limited liability company as a bank or a savings bank must be

filed with the Department of Financial and Professional

Regulation Commissioner of Banks and Real Estate or, if the

bank or savings bank will be organized under federal law, with

the appropriate federal banking regulator.

(Source: P.A. 98-171, eff. 8-5-13.)

(805 ILCS 180/5-55)

Sec. 5-55. Filing in Office of Secretary of State.

(a) Whenever any provision of this Act requires a limited

liability company to file any document with the Office of the

Secretary of State, the requirement means that:

(1) the original document, executed as described in

Section 5-45, and, if required by this Act to be filed in

duplicate, one copy (which may be a signed carbon or

photocopy) shall be delivered to the Office of the

Secretary of State;

(2) all fees and charges authorized by law to be

collected by the Secretary of State in connection with the

filing of the document shall be tendered to the Secretary

of State; and

(3) unless the Secretary of State finds that the

document does not conform to law, he or she shall, when all

fees have been paid:

(A) endorse on the original and on the copy the

word "Filed" and the month, day, and year of the filing

thereof;

(B) file in his or her office the original of the

document; and

(C) return the copy to the person who filed it or

to that person's representative.

(b) If another Section of this Act specifically prescribes

a manner of filing or signing a specified document that differs

from the corresponding provisions of this Section, then the

provisions of the other Section shall govern.

(c) Whenever any provision of this Act requires a limited

liability company that is a bank or a savings bank to file any

document, that requirement means that the filing shall be made

exclusively with the Department of Financial and Professional

Regulation Commissioner of Banks and Real Estate or, if the

bank or savings bank is organized under federal law, with the

appropriate federal banking regulator at such times and in such

manner as required by the Department Commissioner or federal

regulator.

(Source: P.A. 92-33, eff. 7-1-01; 93-561, eff. 1-1-04.)