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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3495
Introduced 2/23/2005, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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Amends the Real Estate Appraiser Licensing Act of 2002. Changes the short title to the Illinois Real Estate Appraisers Act (and amends the Regulatory Sunset Act to reflect the change in the short title). Changes and repeals the provisions of, and adds provisions to, the Real Estate Appraiser Licensing Act of 2002 as follows: creates the Illinois Appraisal Board as an entity with 9 members appointed by the Governor, sets forth its powers and duties, and provides that the Board shall appoint a non-voting Executive Director with specified qualifications, powers, and duties; requires real estate appraisers to obtain a registration, license, or certificate issued by the Board, with specified exceptions; prohibits the use of certain designations unless the person is registered, licensed, or certified by the Board; provides for the scope of practice of appraisers in federally related transactions; requires appraisers to comply with standards of professional appraisal practice adopted by the Board; sets forth application, pre-license and continuing education, and examination requirements and qualifications for an associate real estate appraiser, a State certified residential real estate appraiser, and a State certified General real estate appraiser and provides for renewals; provides for temporary practice permits for nonresident appraisers; provides for fees, retention of records, approval of education programs and courses and education providers; provides that the Board may adopt rules; provides that the Board shall appoint an Executive Director with specified qualifications, powers, and duties; provides that the Board may take disciplinary action and suspend or revoke any registration, license, or certificate or reprimand any registered associate appraiser or certificate holder under specified circumstances; provides for surrender of a registration, license, or certificate; provides for investigations and disposition of complaints; provides that records of the Board concerning a complaint or investigation are not public records, but a statement of charges contained within a notice of a hearing to be held by the Board is a public record, and records admitted into evidence in a hearing held by the Board, and any final decisions and orders by the Board, including consent orders, are public records; provides for inspection of records, penalties for violation of the Act, and injunctions; provides that a court may refer a matter to the Board if an appraiser is adjudged to have caused injury or damage through gross negligence, incompetence, fraud, dishonesty, or other civil or criminal misconduct; repeals various provisions of the Act; and makes other changes.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| AN ACT concerning professional regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Regulatory Sunset Act is amended by changing |
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| Section 4.22 as follows:
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| (5 ILCS 80/4.22)
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| Sec. 4.22. Acts Act repealed on January 1, 2012. The |
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| following
Acts are Act is repealed on January 1, 2012:
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| The Detection of Deception Examiners Act.
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| The Home Inspector License Act.
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| The Interior Design Title Act.
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| The Massage Licensing Act.
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| The Petroleum Equipment Contractors Licensing Act.
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| The Professional Boxing Act.
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| The Illinois
Real Estate Appraisers
Appraiser Licensing
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| Act of 2002 .
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| The Water Well and Pump Installation Contractor's License |
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| Act.
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| (Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02; |
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| 92-239, eff. 8-3-01;
92-453, eff. 8-21-01; 92-499, eff. 1-1-02; |
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| 92-500, eff. 12-18-01; 92-618, eff.
7-11-02; 92-651, eff. |
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| 7-11-02; 92-860, eff. 6-1-03; revised 1-18-03.)
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| Section 10. The Real Estate Appraiser Licensing Act of 2002 |
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| is amended by changing Sections 1-1 and 1-10 and the heading of |
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| Article 1, by changing and renumbering Sections 5-10, 5-15, |
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| 5-20, 5-25, 5-35, 5-45, 5-55, 10-5, 10-10, 15-10, 20-5, 20-10, |
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| 25-10, and 25-15, by renumbering Sections 5-50 and 10-20, by |
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| adding Sections 1-11, 1-12, 1-13, 1-45, 1-55, 1-70, 1-85, 1-90, |
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| 1-100, 1-110, 1-115, and 1-120, and by adding Article 2 as |
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| follows:
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| (225 ILCS 458/Art. 1 heading) |
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| ARTICLE 1. REAL ESTATE APPRAISER
GENERAL PROVISIONS
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| (Scheduled to be repealed on January 1, 2012)
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| (225 ILCS 458/1-1)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 1-1. Short title. This Act
may be cited as the |
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| Illinois
Real Estate Appraisers
Appraiser Licensing Act of |
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| 2002 .
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| (Source: P.A. 92-180, eff. 7-1-02.)
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| (225 ILCS 458/1-10)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 1-10. Definitions. As used in this Act, unless the |
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| context
otherwise requires:
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"Applicant" means person who applies to the Board
OBRE for |
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| a license , registration, or certificate under this Act.
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| "Appraisal" or "real estate appraisal" means an analysis, |
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| opinion, or conclusion as to the value of identified real |
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| estate or specified interests therein performed for |
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| compensation or other valuable consideration.
means
(noun) the |
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| act or process of developing an opinion of value; an
opinion of |
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| value (adjective) of or pertaining to appraising
and related |
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| functions .
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| "Appraisal assignment" means an engagement for which an |
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| appraiser is employed or retained to act, or would be perceived |
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| by third parties or the public as acting, as a disinterested |
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| third party in rendering an unbiased analysis, opinion, or |
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| conclusion, relating to the nature, quality, value, or utility |
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| of specified interests in, or aspects of, identified real |
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| estate. The term "appraisal assignment" may apply to valuation |
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| work and to analysis work
report" means a written appraisal by |
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| an appraiser to a client .
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| "Appraisal Subcommittee" means the Appraisal Subcommittee |
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| of the Federal
Financial Institutions
Examination Council as |
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| established by Title XI.
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| "Appraiser" or "real estate appraiser" means any person who |
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| inspects, analyzes, or renders an opinion or conclusion |
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| relating to the nature, quality, value, or utility of specified |
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| interests in or aspects of identified real estate, for or in |
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| expectation of compensation
means a person who performs real |
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| estate or real property
appraisals .
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| "AQB" means the Appraisal Qualifications Board of the |
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| Appraisal Foundation.
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| "Associate real estate appraiser" means an entry-level |
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| appraiser who holds
a license of this classification under this |
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| Act and applies to
the appraisal of non-complex property having |
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| a transaction
value less than $1,000,000, but with restrictions |
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| as to the scope of practice
in
accordance with this Act.
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| "Board" means the Illinois
"Board" means the Real Estate
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| Appraisal Board.
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| "Foundation" means the Appraisal Foundation established on |
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| November 20, 1987, as a not-for-profit corporation under the |
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| laws of Illinois.
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| "Classroom hour" means 50 minutes of instruction out of |
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| each 60 minute
segment of coursework.
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| "Client" means a person who utilizes the services of an |
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| appraiser or engages
an appraiser for an appraisal
by |
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| employment or contract.
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| "Commissioner" means the Commissioner of the Office of |
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| Banks and Real Estate
or his or her designee.
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| "Director" means the Director of the Real Estate Appraisal |
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| Division of OBRE
or his or her designee.
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| "Federal financial institutions regulatory agencies" means |
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| the Board of
Governors of the Federal Reserve
System, the |
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| Federal Deposit Insurance Corporation, the Office of the
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| Comptroller of the Currency, the
Office of Thrift Supervision, |
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| and the National Credit Union Administration.
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| "Federally related transaction" means any real |
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| estate-related financial
transaction in which a federal
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| financial institutions regulatory agency, the Department of |
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| Housing
and Urban Development, Fannie Mae, Freddie Mac
Mae , or |
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| the National
Credit Union Administration
engages in, contracts |
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| for, or
regulates and requires the services
of an appraiser.
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| "Financial institution" means any bank, savings bank, |
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| savings and loan
association, credit union,
mortgage broker, |
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| mortgage banker, licensee under the Consumer Installment Loan
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| Act or the Sales
Finance Agency Act, or a corporate fiduciary, |
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| subsidiary, affiliate, parent
company, or holding company
of |
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| any such licensee, or any institution involved in real estate |
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| financing that
is regulated by state or
federal law.
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| "OBRE" means the Office of Banks and Real Estate.
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| "Real estate" or "real property" means an identified parcel |
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| or tract of land, including the air above and ground below and |
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| all appurtenances and improvements thereto, as well as any |
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| interest or right inherent in the ownership of land
means an |
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| identified parcel or tract of land, including any
improvements .
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| "Real estate related financial transaction" means any |
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| transaction involving:
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| (1) the sale, lease, purchase, investment in, or |
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| exchange of real
property,
including interests
in property |
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| or the financing thereof;
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| (2) the refinancing of real property or interests in |
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| real property; and
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| (3) the use of real property or interest in property as |
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| security for a
loan or
investment,
including mortgage |
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| backed securities.
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| "Real property" means the interests, benefits, and rights |
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| inherent in the
ownership of real estate.
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| "State certified general real estate
appraiser" means an |
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| appraiser who holds a
license of this classification under this |
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| Act
and such classification applies to
the appraisal of all |
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| types of real property without restrictions as to
the scope of |
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| practice.
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| "State certified residential real estate
appraiser" means |
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| an appraiser who
holds a
license of this classification
under |
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| this Act
and such classification applies to
the appraisal of
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| one to 4 units of
residential real property without regard to |
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| transaction value or complexity,
but with restrictions as to |
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| the
scope of practice in a federally related transaction in |
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| accordance with Title
XI, the provisions of USPAP,
criteria |
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| established by the AQB, and further defined by rule.
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| "State licensed real estate appraiser" means an appraiser |
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| who holds a
real estate appraiser license
issued pursuant to a |
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| predecessor Act. A real estate appraiser
license authorizes its |
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| holder to conduct the
appraisal of non-complex one
to 4 units |
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| of residential real property having a transaction value less |
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| than
$1,000,000 and complex one
to 4 residential units of real |
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| property having a value less than $250,000, but
with |
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| restrictions as to the
scope of practice in accordance with |
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| Title XI, criteria established by USPAP,
by the AQB, by this |
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| Act,
and by rule. No such initial license shall be issued
after |
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| the effective date of this Act
or renewed after
September 30, |
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| 2003 under this Act.
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| "Title XI" means Title XI of the federal Financial |
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| Institutions Reform,
Recovery and
Enforcement Act of 1989.
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| "USPAP" means the Uniform Standards of Professional |
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| Appraisal Practice as
promulgated by the
Appraisal Standards |
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| Board pursuant to Title XI and by rule.
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| "Appraisal report" means any communication, written or |
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| oral, of an appraisal. |
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| "Comparative market analysis" means the analysis of sales |
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| of similar recently sold properties in order to derive an |
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| indication of the probable sales price of a particular property |
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| by a licensed real estate broker or salesperson. |
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| "Residential real estate" means any parcel of real estate, |
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| improved or unimproved, that is exclusively residential in |
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| nature and that includes or is intended to include a |
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| residential structure containing not more than 4 dwelling units |
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| and no other improvements except those which are typical |
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| residential improvements that support the residential use for |
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| the location and property type. A residential unit in a |
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| condominium, town house, or cooperative complex, or planned |
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| unit development is considered to be residential real estate. |
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| "Temporary appraiser licensure or certification" means the |
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| issuance of a temporary license or certificate by the Board to |
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| a person licensed or certified in another state who enters this |
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| State for the purpose of completing a particular appraisal |
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| assignment.
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| (Source: P.A. 92-180, eff. 7-1-02.)
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| (225 ILCS 458/1-11 new) |
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| (Section scheduled to be repealed on January 1, 2012) |
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| Sec. 1-11. Registration, license, or certificate required |
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| of real estate appraisers. It shall be unlawful for any person |
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| in this State to act as a
real estate appraiser, to directly or |
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| indirectly engage or attempt to engage in the
business of real |
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| estate appraisal, or to advertise or hold himself or herself |
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| out as
engaging in or conducting the business of real estate |
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| appraisal without first
obtaining a registration, license, or |
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| certificate issued by the Board
under the provisions of this |
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| Act. It shall also be unlawful, with regard to any real
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| property where any portion of that property is located within |
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| this State, for any
person to perform any of the acts listed |
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| above without first being registered,
licensed, or certified by |
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| the Board under the provisions of this
Act. |
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| (225 ILCS 458/1-12 new) |
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| (Section scheduled to be repealed on January 1, 2012) |
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| Sec. 1-12. When registration, license, or certificate not |
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| required.
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| (a) No trainee registration, license, or certificate shall |
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| be issued under the
provisions of this Act to a partnership, |
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| association, corporation, firm, or group.
However, nothing |
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| herein shall preclude a registered trainee or State certified |
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| real estate appraiser from rendering appraisals for or on |
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| behalf of
a partnership, association, corporation, firm, or |
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| group, provided that the appraisal
report is prepared by a |
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| State certified real estate appraiser or
by a registered |
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| trainee under the immediate personal direction of the State |
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| certified real estate appraiser and is reviewed and signed by
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| that State certified appraiser. |
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| (b) Nothing in this Act shall preclude a real estate broker |
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| or salesman licensed
under the Real Estate License Act of 2000 |
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| from performing a comparative
market analysis provided the |
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| person does not represent himself or herself as
being an |
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| Associate Appraiser, a State Certified Residential Appraiser |
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| or a State Certified General Real Estate Appraiser. A real |
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| estate broker or salesperson may
perform a comparative market |
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| analysis for compensation or other valuable
consideration only |
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| for prospective or actual brokerage clients or for real |
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| property
involved in an employee relocation program. |
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| (c) Registration, license, or certification is not |
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| required under this Act for: |
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| (1) Any person, partnership, association, or |
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| corporation that
performs appraisals of property owned by |
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| that person,
partnership, association, or corporation for |
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| the sole use of that
person, partnership, association, or |
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| corporation; |
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| (2) Any court-appointed commissioner who conducts an
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| appraisal pursuant to a judicially ordered evaluation of |
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| property; |
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| (3) Any person who qualifies as an expert witness for |
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| court or
administrative agency testimony, if otherwise |
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| qualified; |
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| (4) A person who appraises standing timber so long as |
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| the
appraisal does not include a determination of value of |
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| any land; |
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| (5) Any person employed by a lender in the performance |
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| of
appraisals with respect to which federal regulations do |
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| not
require a certified appraiser; |
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| however, any person
who is registered, licensed, or certified |
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| under this Act and who
performs any of the activities set in |
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| this subsection (c), must comply
with all of the provisions of |
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| this Act. |
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| (225 ILCS 458/1-13 new) |
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| (Section scheduled to be repealed on January 1, 2012) |
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| Sec. 1-13. Prohibited use of title; permissible use of |
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| title.
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| (a)
It shall be unlawful for any person to assume or use |
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| the title "Associate Appraiser", "State Certified General Real |
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| Estate Appraiser", "State Certified Residential Real Estate |
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| Appraiser" or any title, designation, or abbreviation likely to |
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| create the impression of registration, licensure, or |
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| certification as a real estate appraiser, unless the person is |
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| registered, licensed, or certified by the Board in accordance |
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| with the provisions of this Act. The Board may adopt for the |
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| exclusive use of persons licensed or certified under the |
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| provisions of this Act, a seal, symbol, or other mark |
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| identifying the user as an Associate Appraiser or State |
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| certified real estate appraiser. |
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| (b)
Any person certified as a real estate appraiser by an |
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| appraisal trade organization shall retain the right to use the |
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| term "certified" or any similar term in identifying the person |
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| to the public, provided that: |
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| (1)
In each instance wherein the term is used, the name |
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| of the certifying organization or body is prominently and |
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| conspicuously displayed immediately adjacent to the term; |
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| and |
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| (2)
The use of the term does not create the impression |
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| of
certification by the State. |
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| This subsection (b) does not entitle any person certified only |
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| by a trade organization to conduct an appraisal that requires a |
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| State registration, license, or certification. |
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| (c) The terms "Associate Appraiser" and "State certified |
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| real estate appraiser" or any similar term shall not be used |
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| following or immediately in connection with the name of a |
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| partnership, association, corporation, or other firm or group, |
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| or in a manner that might create the impression of |
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| registration, licensure, or certification as a real estate |
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| appraiser under this Act.
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| (225 ILCS 458/1-15)
(was 225 ILCS 458/25-10)
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| (Section scheduled to be repealed on January 1, 2012)
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| Sec. 1-15
25-10 . Illinois
Real Estate Appraisal Board; |
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| appointment.
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| (a) There is hereby created the Illinois
Real Estate
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| Appraisal Board. The Board
shall consist of 9 members.
be |
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| composed of 10 persons appointed by the Governor, plus the |
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| Director of
the Real Estate Appraisal Division. Members shall |
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| be appointed to the Board
subject to the following conditions:
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| (1) All appointed members shall have been residents and |
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| citizens of this
State for
at least 5 years prior
to the |
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| date of appointment.
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| (2) The appointed membership of the Board should |
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| reasonably reflect the
geographic
distribution of the
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| population of the State.
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| (3) Six
Four appointed members shall have been actively |
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| engaged and currently
licensed as
State
certified general |
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| real estate appraisers for a period of not less than 5
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| years.
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| (4) One
Two appointed member
members shall have been |
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| actively engaged and currently
licensed as
a State
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| certified residential real estate appraiser
appraisers for |
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| a period of
not less than 5 years.
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| (5) One
Two appointed member
members shall hold a valid |
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| license as a
real estate
broker for at least 10 years prior |
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| to the date of the appointment
and shall hold a valid
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| appraiser license issued under this Act or a predecessor |
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| Act for a period of at
least 5 years prior to the |
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| appointment.
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| (6) (Blank).
One appointed member shall be a |
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| representative of a financial
institution, as evidenced by |
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| his or her employment with a financial
institution.
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| (7) One appointed member shall represent the interests |
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| of the general
public. This member or his or her spouse |
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HB3495 |
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LRB094 08891 RAS 39111 b |
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| shall not be licensed under this Act
nor be employed by or |
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| have any interest in an appraisal business, real estate
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| brokerage business, or a financial institution.
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| In making appointments as
provided in paragraphs (3) and |
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| (4) of this subsection, the Governor shall
give due |
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| consideration to recommendations by members and organizations
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| representing the real estate appraisal industry.
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| In making the appointments as
provided in paragraph (5) of |
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| this subsection, the Governor shall give
due consideration to |
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| the recommendations by members and organizations
representing |
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| the real estate industry.
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| In making the appointment as provided
in paragraph (6) of |
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| this subsection, the Governor
shall give due consideration to |
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| the recommendations by members and
organizations representing |
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| financial institutions.
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| (b) The term for members of the Board shall be 4 years, |
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| except for the
initial appointees. Of the initial appointments, |
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| 3
4 members shall
be appointed for terms ending June 30, 2007
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| 2006 , 3 members shall be appointed for
terms ending June 30, |
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| 2008
2005 , and 3 members shall be appointed for terms
ending |
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| June 30, 2009
2004 . No member shall serve more than 10 years in |
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| a lifetime.
Those persons serving on the Board pursuant to the |
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| Real Estate Appraiser
Licensing Act of 2002 on the effective |
24 |
| date of this amendatory Act of the 94th General Assembly shall |
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| become members of the new Board on the effective date of this |
26 |
| amendatory Act of the 94th General Assembly
July 1,
2002 and
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| shall serve until
the Governor has made the new appointments |
28 |
| pursuant to this amendatory Act of the 94th General Assembly
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| Act . The members of the Board shall elect one of their members |
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| to serve as chairman of the Board for a term of one year.
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| (c) The Governor may terminate the appointment of a member |
32 |
| for cause that,
in
the opinion of the Governor, reasonably |
33 |
| justifies the termination. Cause for
termination may include, |
34 |
| without limitation, misconduct, incapacity, neglect of
duty, |
35 |
| or missing 4 Board meetings during any one calendar year.
|
36 |
| (d) (Blank).
A majority of the Board members currently |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| appointed shall constitute a
quorum. A vacancy in the |
2 |
| membership of the Board shall not impair the right of
a quorum |
3 |
| to exercise all of the rights and perform all of the duties of |
4 |
| the
Board.
|
5 |
| (e) (Blank).
The Board shall meet at least quarterly and |
6 |
| may be convened
by the Chairperson, Co-Chairperson, or 3 |
7 |
| members of the Board upon 10 days
written notice.
|
8 |
| (f) (Blank).
The Board shall, annually at the first meeting |
9 |
| of the fiscal year,
elect a Chairperson and Vice-Chairperson |
10 |
| from its
members. The Chairperson shall preside over the |
11 |
| meetings and shall coordinate
with the Director
in developing |
12 |
| and distributing an agenda for each meeting. In the absence of
|
13 |
| the Chairperson, the Co-Chairperson shall preside over the |
14 |
| meeting.
|
15 |
| (g) (Blank).
The Director of the Real Estate Appraisal |
16 |
| Division shall serve as
a member of the Board without vote.
|
17 |
| (h) (Blank).
The Board shall advise and make |
18 |
| recommendations to OBRE on matters of
licensing and education. |
19 |
| OBRE shall give due consideration to all
recommendations |
20 |
| presented by the Board.
|
21 |
| (i) (Blank).
The Board shall hear and make recommendations |
22 |
| to the Commissioner on
disciplinary matters
that require a |
23 |
| formal evidentiary hearing. The Commissioner shall give due
|
24 |
| consideration to the
recommendations of the Board involving |
25 |
| discipline and questions involving
standards of professional
|
26 |
| conduct of licensees.
|
27 |
| (j) (Blank).
The Board may make recommendations to OBRE |
28 |
| consistent with the
provisions
of this Act and for the |
29 |
| administration and enforcement of the rules adopted
pursuant to |
30 |
| this Act. OBRE
shall give due consideration to
the |
31 |
| recommendations of the Board prior to adopting rules.
|
32 |
| (k) (Blank).
The Board shall make recommendations to OBRE |
33 |
| on the approval of courses
submitted to OBRE
pursuant to this |
34 |
| Act and the rules adopted pursuant to this Act. OBRE shall
give |
35 |
| due consideration to the
recommendations of the Board
prior to |
36 |
| approving and licensing courses.
|
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| (l) (Blank).
Each voting member of the Board shall receive |
2 |
| a per diem stipend in an
amount
to be determined by the
|
3 |
| Commissioner. Each member shall be paid his or her necessary |
4 |
| expenses while
engaged in the
performance of his or her duties.
|
5 |
| (m) (Blank).
Members of the Board shall be immune from suit |
6 |
| in an action based upon
any disciplinary
proceedings or other |
7 |
| acts performed in good faith as members of the Board.
|
8 |
| (n)
Members of the Board shall be paid a per diem, |
9 |
| subsistence, and travel allowances; provided that none of the |
10 |
| expenses of the Board or the compensation or expenses of any |
11 |
| officer or employee thereof shall be payable out of the |
12 |
| treasury of the State of Illinois; the total expenses of the |
13 |
| administration of this Act shall not exceed the total income |
14 |
| therefrom; and neither the Board nor any officer or employee |
15 |
| thereof shall have any power or authority to make or incur any |
16 |
| expense, debt, or other financial obligation binding upon the |
17 |
| State of Illinois. |
18 |
| (o)
The Board shall adopt a seal for its use, which shall |
19 |
| bear thereon the words "Illinois Appraisal Board". Copies of |
20 |
| all papers in the office of the Board duly certified and |
21 |
| authenticated by the seal of the Board shall be received in |
22 |
| evidence in all courts and administrative bodies and with like |
23 |
| effect as the originals. |
24 |
| (p)
The Board may employ an Executive Director and |
25 |
| professional and clerical staff as may be necessary to carry |
26 |
| out the provisions of this Act and to put into effect the rules |
27 |
| that the Board may promulgate. The Board shall fix salaries. |
28 |
| The Board shall have the authority to issue to its employees |
29 |
| credentials or other means of identification. |
30 |
| (q)
The Board shall be entitled to the services of the |
31 |
| Attorney General in connection with the affairs of the Board or |
32 |
| may, in its discretion, employ an attorney to assist or |
33 |
| represent it in the enforcement of this Act. |
34 |
| (r)
The Board may refer a complaint for violation of this |
35 |
| Act before any court of competent jurisdiction, and it may take |
36 |
| the necessary legal steps through the proper legal offices of |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
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|
1 |
| the State to enforce the provisions of this Act. |
2 |
| (s)
The Board shall have the power to acquire, hold, rent, |
3 |
| encumber, alienate, and otherwise deal with real property in |
4 |
| the same manner as a private person or corporation, subject |
5 |
| only to the approval of the Governor. Collateral pledged by the |
6 |
| Board for an encumbrance is limited to the assets, income, and |
7 |
| revenues of the Board. |
8 |
| (t)
The Board may purchase, rent, or lease equipment and |
9 |
| supplies and purchase liability insurance or other insurance to |
10 |
| cover the activities of the Board, its operations, or its |
11 |
| employees.
|
12 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
13 |
| (225 ILCS 458/1-20)
(was 225 ILCS 458/10-5)
|
14 |
| (Section scheduled to be repealed on January 1, 2012)
|
15 |
| Sec. 1-20
10-5 . Scope of practice.
|
16 |
| (a) This Act does not limit a
State
certified general real |
17 |
| estate appraiser
in his or
her scope of practice in
a federally |
18 |
| related transaction. A certified general real estate appraiser
|
19 |
| may independently provide
appraisal
services, review, or |
20 |
| consulting
relating to any type of property for which he or she |
21 |
| has experience and is
competent. All such appraisal
practice |
22 |
| must be made in accordance with the provisions of USPAP, |
23 |
| criteria
established by the AQB, and the rules adopted after |
24 |
| approval by the Board pursuant to this Act.
|
25 |
| (b) A State certified residential real estate appraiser is |
26 |
| limited in his or
her scope of practice in a
federally related |
27 |
| transaction as provided by Title XI,
the provisions of USPAP, |
28 |
| criteria established by the AQB, and the
rules adopted after |
29 |
| approval by the Board pursuant to this Act.
|
30 |
| (c) (Blank).
A State licensed real estate appraiser is |
31 |
| limited in his or her scope of
practice in a federally
related |
32 |
| transaction
as provided by Title XI, the
provisions of USPAP, |
33 |
| criteria established by the AQB, and the
rules adopted pursuant |
34 |
| to this Act. No State licensed
real estate appraiser license |
35 |
| shall be issued on or after
September 30, 2003 under this Act.
|
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| (d) An associate real estate appraiser is limited in his or |
2 |
| her scope of
practice in all transactions in accordance with
|
3 |
| USPAP, this
Act, and the rules adopted after approval by the |
4 |
| Board pursuant to this Act. In addition,
an associate real |
5 |
| estate appraiser shall be required to have
a State certified
|
6 |
| general real estate
appraiser or State certified residential |
7 |
| real estate appraiser who holds a
valid license under this Act
|
8 |
| to co-sign all appraisal reports.
|
9 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
10 |
| (225 ILCS 458/1-25)
(was 225 ILCS 458/10-10)
|
11 |
| (Section scheduled to be repealed on January 1, 2012)
|
12 |
| Sec. 1-25
10-10 . Standards of practice. All persons |
13 |
| licensed under this Act
must comply with standards
of |
14 |
| professional appraisal practice as approved and adopted by the |
15 |
| Board. The Board shall consider for adoption
OBRE. OBRE must |
16 |
| adopt , as part
of
its rules, the Uniform
Standards of |
17 |
| Professional Appraisal Practice as published from time to time |
18 |
| by
the Appraisal Standards
Board of the Appraisal Foundation. |
19 |
| The Board
OBRE shall consider federal laws and
regulations |
20 |
| regarding the
licensure of real estate appraisers prior to |
21 |
| adopting its rules for the
administration of this Act.
|
22 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
23 |
| (225 ILCS 458/1-30)
(was 225 ILCS 458/5-20, 458/5-15, |
24 |
| 458/5-10)
|
25 |
| (Section scheduled to be repealed on January 1, 2012)
|
26 |
| Sec. 1-30
5-20 . Qualifications for State registration, |
27 |
| licensure, and certification; applications; application fees; |
28 |
| examinations
Application for associate real estate appraiser .
|
29 |
| (a) Any person desiring to be registered as a trainee or to |
30 |
| obtain certification as a State certified real estate appraiser |
31 |
| shall make written application to the Board on forms prescribed |
32 |
| by the Board that set forth the applicant's qualifications for |
33 |
| registration, licensure, or certification. Each applicant |
34 |
| shall satisfy the following qualification requirements: |
|
|
|
HB3495 |
- 15 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| (1) Application for associate real estate appraiser.
|
2 |
| (a) Every person who desires to obtain an associate real |
3 |
| estate appraiser
license shall:
|
4 |
|
(A)
(1) apply to the Board
OBRE on forms provided |
5 |
| by the Board
OBRE accompanied by the required
fee;
|
6 |
|
(B)
(2) be at least 18 years of age;
|
7 |
|
(C)
(3) provide evidence of having attained a high |
8 |
| school diploma or completed
an
equivalent course of
|
9 |
| study as determined by an examination conducted
or |
10 |
| accepted
by the Illinois State Board of
Education;
|
11 |
|
(D)
(4) personally take and pass an examination |
12 |
| authorized by the Board
OBRE and
endorsed by the
AQB; |
13 |
| and
|
14 |
|
(E)
(5) prior to taking the examination, provide |
15 |
| evidence
to the Board
OBRE that he or she has |
16 |
| successfully
completed
the prerequisite classroom |
17 |
| hours of instruction in appraising as established by
|
18 |
| rule.
|
19 |
| (b) A person who holds a valid license as a licensed real |
20 |
| estate
appraiser, issued pursuant to
a predecessor Act, may |
21 |
| convert that license to an associate real estate
appraiser |
22 |
| license by making application
to OBRE on forms provided by OBRE |
23 |
| accompanied by the required fee.
|
24 |
| (2)
Sec. 5-15. Application for State certified |
25 |
| residential real estate
appraiser. Every person who
|
26 |
| desires to obtain a State certified residential real estate |
27 |
| appraiser license
shall:
|
28 |
| (A)
(1) apply to the Board
OBRE on forms provided |
29 |
| by the Board
OBRE accompanied by the required fee;
|
30 |
| (B)
(2) be at least 18 years of age;
|
31 |
| (C)
(3) provide evidence of having attained a high |
32 |
| school diploma or completed
an equivalent
course of
|
33 |
| study as determined by an examination conducted
or |
34 |
| accepted
by the Illinois State Board of
Education; |
35 |
| beginning January 1, 2008, applicants must provide |
36 |
| evidence of
meeting the criteria adopted by the AQB in |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| February 2004;
|
2 |
| (D)
(4) personally take and pass an examination |
3 |
| authorized by the Board
OBRE and endorsed
by
the AQB;
|
4 |
| (E)
(5) prior to taking the examination, provide |
5 |
| evidence
to the Board
OBRE that he or she has |
6 |
| successfully completed the prerequisite
classroom |
7 |
| hours of instruction in appraising as established by |
8 |
| the AQB and by
rule; and
|
9 |
| (F)
(6) prior to taking the examination, provide |
10 |
| evidence
to the Board
OBRE that he or she has |
11 |
| successfully completed the prerequisite
experience |
12 |
| requirements as established by AQB and by rule. |
13 |
| (3)
Sec. 5-10. Application for State
certified general |
14 |
| real estate appraiser.
Every person who
desires to obtain a |
15 |
| State certified general real estate appraiser license
|
16 |
| shall:
|
17 |
| (A)
(1) apply to the Board
OBRE on forms provided |
18 |
| by the Board
OBRE accompanied by the required fee;
|
19 |
| (B)
(2) be at least 18 years of age;
|
20 |
| (C)
(3) provide evidence of having attained a high |
21 |
| school diploma or completed
an
equivalent
course of
|
22 |
| study as determined by an examination conducted
or |
23 |
| accepted
by the Illinois State Board of
Education; |
24 |
| beginning January 1, 2008, applicants must provide |
25 |
| evidence
of meeting the criteria adopted by the AQB in |
26 |
| February 2004;
|
27 |
| (D)
(4) personally take and pass an examination |
28 |
| authorized by the Board
OBRE and endorsed
by the AQB;
|
29 |
| (E)
(5) prior to taking the examination, provide |
30 |
| evidence to the Board
OBRE that he or she
has |
31 |
| successfully completed the prerequisite
classroom |
32 |
| hours of instruction in appraising as established by |
33 |
| the AQB and by
rule; and
|
34 |
| (F)
(6) prior to taking the examination, provide |
35 |
| evidence
to the Board
OBRE that he or she has |
36 |
| successfully completed the prerequisite
experience |
|
|
|
HB3495 |
- 17 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| requirements in appraising as established by AQB and by |
2 |
| rule. |
3 |
| (b) Each application for registration as an appraisal |
4 |
| associate or certification as a
real estate appraiser shall be |
5 |
| accompanied by a fee to be set by rule, plus any
additional fee |
6 |
| as may be necessary to defray the cost of any competency
|
7 |
| examination administered by a private testing service. |
8 |
| (c) Any person who files with the Board an application for |
9 |
| State registration,
licensure, or certification as a real |
10 |
| estate appraiser shall be required to pass an
examination to |
11 |
| demonstrate the person's competence. The Board shall also
make |
12 |
| an investigation as it deems necessary into the background of |
13 |
| the
applicant to determine the applicant's qualifications with |
14 |
| due regard to the
paramount interest of the public as to the |
15 |
| applicant's competency, honesty,
truthfulness, and integrity. |
16 |
| In addition, the Board may investigate and consider
whether the |
17 |
| applicant has had any disciplinary action taken against any |
18 |
| other
professional license in Illinois or any other state, or |
19 |
| if the applicant has committed
or done any act which, if |
20 |
| committed or done by any real estate trainee or
appraiser, |
21 |
| would be grounds under the provisions hereinafter set forth for
|
22 |
| disciplinary action including the suspension or revocation of |
23 |
| registration,
licensure, or certification, or whether the |
24 |
| applicant has been convicted of or
pleaded guilty to any |
25 |
| criminal act. If the results of the investigation shall be
|
26 |
| satisfactory to the Board, and the applicant is otherwise |
27 |
| qualified, then the Board
shall issue to the applicant a |
28 |
| trainee registration, license, or certificate authorizing
the |
29 |
| applicant to act as a registered trainee real estate appraiser |
30 |
| or a State certified real estate appraiser in this State. |
31 |
| (d) If the applicant has not affirmatively demonstrated |
32 |
| that the applicant meets
the requirements for registration, |
33 |
| licensure, or certification, action on the
application will be |
34 |
| deferred pending a hearing before the Board.
|
35 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
HB3495 |
- 18 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| (225 ILCS 458/1-35)
(was 225 ILCS 458/5-25)
|
2 |
| (Section scheduled to be repealed on January 1, 2012)
|
3 |
| Sec. 1-35
5-25 . Renewal of license.
|
4 |
| (a) The expiration date and renewal period
for a State |
5 |
| certified general
real estate appraiser license
or a State |
6 |
| certified residential
real estate appraiser license issued |
7 |
| under
this Act shall be set by rule.
Except as otherwise |
8 |
| provided in subsections (b) and (f) of this Section, the
holder |
9 |
| of a license may renew
the license within 90 days preceding the |
10 |
| expiration date by:
|
11 |
| (1) completing and submitting to the Board
OBRE a |
12 |
| renewal application form as
provided by
the Board
OBRE ;
|
13 |
| (2) paying the required fees; and
|
14 |
| (3) providing evidence of successful completion of the |
15 |
| continuing
education requirements through courses approved |
16 |
| by the Board
OBRE from
education providers approved and
|
17 |
| licensed by the Board
OBRE , as established by the AQB
and |
18 |
| by rule.
|
19 |
| (b) A State certified general real estate appraiser
or |
20 |
| State certified
residential real estate
appraiser whose |
21 |
| license under this Act has expired may renew
the license for a |
22 |
| period of
2 years following the expiration date by complying |
23 |
| with the requirements of
paragraphs (1), (2),
and (3) of |
24 |
| subsection (a)
of this Section and paying any late penalties |
25 |
| established by rule.
|
26 |
| (c) (Blank).
A State licensed real estate appraiser's |
27 |
| license
issued pursuant to a
predecessor Act shall continue in |
28 |
| effect until the earlier of its expiration
date or September |
29 |
| 30, 2003. The holder of such a license may not
renew the |
30 |
| license for any period after
September 30, 2003, but may |
31 |
| convert the license to an associate real estate
appraiser |
32 |
| license under this Act until
September 30, 2003 pursuant to |
33 |
| subsection (b) of Section 5-20 of this Act.
|
34 |
| (d) The expiration date and renewal period for an associate |
35 |
| real estate
appraiser license issued under this
Act shall be |
36 |
| set by rule. Except as otherwise provided in subsections (e) |
|
|
|
HB3495 |
- 19 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| and
(f) of this Section, the holder
of an associate real estate |
2 |
| appraiser license may renew the license within 90
days |
3 |
| preceding the expiration date by:
|
4 |
| (1) completing and submitting to the Board
OBRE a |
5 |
| renewal application form as
provided by the Board
OBRE ;
|
6 |
| (2) paying the required fees; and
|
7 |
| (3) providing evidence of successful completion of the |
8 |
| continuing
education requirements through
courses approved |
9 |
| by the Board
OBRE from education providers approved
and |
10 |
| licensed by the Board
OBRE , as established by rule.
|
11 |
| (e) Any associate real estate appraiser whose license under |
12 |
| this Act has
expired may
renew the license for a period of 2 |
13 |
| years following the expiration date
by complying with the |
14 |
| requirements of paragraphs
(1), (2), and (3) of subsection (d) |
15 |
| of this Section and paying any late
penalties
as established by |
16 |
| rule.
|
17 |
| (f) Notwithstanding subsection
subsections (c) and (e), an
|
18 |
| appraiser whose license
under this Act has expired may renew or |
19 |
| convert the license without
paying any lapsed renewal
fees or |
20 |
| late penalties if the license expired while the appraiser was:
|
21 |
| (1) on active duty with the United States Armed |
22 |
| Services;
|
23 |
| (2) serving as the Director of Real Estate Appraisal or |
24 |
| an employee of
the Board
OBRE who was required to surrender |
25 |
| his or her license during the term of
employment.
|
26 |
| Application for renewal must be made within 2 years |
27 |
| following
the termination of the military service or related |
28 |
| education, training, or
employment. The
licensee shall furnish |
29 |
| the Board
OBRE with an affidavit that he or she was so engaged.
|
30 |
| (g) The Board
OBRE shall provide reasonable care and due |
31 |
| diligence to ensure that each
licensee under this Act
is |
32 |
| provided with a renewal application at least 90 days prior to |
33 |
| the expiration
date, but
each licensee is responsible to
timely |
34 |
| renew or convert his or her license prior to its expiration |
35 |
| date.
|
36 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
|
|
|
HB3495 |
- 20 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| (225 ILCS 458/1-40)
(was 225 ILCS 458/5-35)
|
2 |
| (Section scheduled to be repealed on January 1, 2012)
|
3 |
| Sec. 1-40
5-35 . Pre-license education requirements.
|
4 |
| (a) The prerequisite
classroom hours necessary for a person |
5 |
| to be
approved to sit for the examination for licensure as a
|
6 |
| State
certified general real
estate
appraiser
or
a State |
7 |
| certified residential
real estate appraiser
shall be in |
8 |
| accordance with AQB criteria and established
by rule , with |
9 |
| consideration
given to AQB criteria .
|
10 |
| (b) The prerequisite classroom hours necessary for a person
|
11 |
| to sit for the examination for licensure as an associate real
|
12 |
| estate appraiser shall be established by rule after approval by |
13 |
| the Board .
|
14 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
15 |
| (225 ILCS 458/1-45 new) |
16 |
| (Section scheduled to be repealed on January 1, 2012) |
17 |
| Sec. 1-45. Pre-license experience requirements. The |
18 |
| prerequisite experience necessary for
a person to be approved |
19 |
| to sit for the examination for licensure as a State
certified |
20 |
| general real estate appraiser or a State certified residential |
21 |
| real estate
appraiser shall be established by rule, after Board |
22 |
| approval, with consideration
given to AQB criteria.
|
23 |
| (225 ILCS 458/1-50)
(was 225 ILCS 458/5-45)
|
24 |
| (Section scheduled to be repealed on January 1, 2012)
|
25 |
| Sec. 1-50
5-45 . Continuing education renewal requirements.
|
26 |
| (a) The continuing education requirements for a person to |
27 |
| renew a license as
a State certified general
real estate |
28 |
| appraiser
or
a State certified residential real estate |
29 |
| appraiser
shall be in accordance with AQB criteria and
|
30 |
| established by rule , after Board approval, with
consideration |
31 |
| given to AQB criteria .
|
32 |
| (b) The continuing education requirements for a person to
|
33 |
| renew a license as an associate real estate appraiser shall be
|
|
|
|
HB3495 |
- 21 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| established by rule , after Board approval .
|
2 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
3 |
| (225 ILCS 458/1-55 new)
(was 225 ILCS 458/5-50)
|
4 |
| (Section scheduled to be repealed on January 1, 2012)
|
5 |
| Sec. 1-55
5-50 . Temporary practice permits. A nonresident |
6 |
| appraiser who holds
a valid appraiser
license in another state, |
7 |
| territory, possession of the United States, or the
District of |
8 |
| Columbia may be
granted a temporary practice permit to practice |
9 |
| as an appraiser in the State of
Illinois upon making
an |
10 |
| application and paying the applicable fees pursuant to |
11 |
| Appraisal
Subcommittee
policy statements and as
established by |
12 |
| rule.
|
13 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
14 |
| (225 ILCS 458/1-60)
(was 225 ILCS 458/5-55)
|
15 |
| (Section scheduled to be repealed on January 1, 2012)
|
16 |
| Sec. 1-60
5-55 . Fees. The Board
OBRE shall establish rules |
17 |
| for fees to be paid by applicants and licensees to
cover the |
18 |
| reasonable costs
of the Board
OBRE in administering and |
19 |
| enforcing the provisions of this Act. The Board
OBRE may
also |
20 |
| establish rules for
general fees to cover the reasonable |
21 |
| expenses of carrying out other functions
and responsibilities |
22 |
| under
this Act.
|
23 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
24 |
| (225 ILCS 458/1-65)
(was 225 ILCS 458/10-20)
|
25 |
| (Section scheduled to be repealed on January 1, 2012)
|
26 |
| Sec. 1-65
10-20 . Retention of records. A person licensed |
27 |
| under this Act shall
retain the original
copy of all written |
28 |
| contracts engaging his or her services as an appraiser and
all |
29 |
| appraisal
reports, including any supporting data used to |
30 |
| develop the appraisal report,
for a period of 5 years or 2
|
31 |
| years after the final disposition of any judicial proceeding in |
32 |
| which testimony
was given, whichever is
longer. In addition, a |
33 |
| person licensed under this Act shall retain contracts,
logs, |
|
|
|
HB3495 |
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|
1 |
| and appraisal reports used
in meeting pre-license experience |
2 |
| requirements for a period of 5 years.
|
3 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
4 |
| (225 ILCS 458/1-70 new) |
5 |
| (Section scheduled to be repealed on January 1, 2012) |
6 |
| Sec. 1-70. Education program approval and fees. The Board |
7 |
| may by rule prescribe minimum standards and fees for the |
8 |
| approval
and renewal of approval of schools and other course |
9 |
| sponsors and their
instructors to conduct appraiser |
10 |
| pre-licensing and pre-certification courses. These
standards |
11 |
| may address subject matter, program structuring, instructional
|
12 |
| materials, requirements for satisfactory course completion, |
13 |
| instructors'
qualifications, and other related matters |
14 |
| relevant to the provision of the courses
in a manner that best |
15 |
| serves the public interest.
|
16 |
| (225 ILCS 458/1-75)
(was 225 ILCS 458/20-5)
|
17 |
| (Section scheduled to be repealed on January 1, 2012)
|
18 |
| Sec. 1-75
20-5 . Education providers.
|
19 |
| (a) Beginning July 1, 2002, only education providers |
20 |
| approved and licensed by the Board
OBRE may
provide the |
21 |
| pre-license and continuing education courses required for |
22 |
| licensure
under this Act.
|
23 |
| (b) A person or entity seeking to be licensed as an |
24 |
| education
provider under this Act
shall provide satisfactory |
25 |
| evidence of the following:
|
26 |
| (1) a sound financial base for establishing, |
27 |
| promoting, and delivering the
necessary
courses;
|
28 |
| (2) a sufficient number of qualified instructors;
|
29 |
| (3) adequate support personnel to assist with |
30 |
| administrative matters and
technical
assistance;
|
31 |
| (4) a written policy dealing with procedures for |
32 |
| management of grievances
and fee refunds;
|
33 |
| (5) a qualified administrator, who is responsible for |
34 |
| the
administration of the
education provider, courses, and |
|
|
|
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LRB094 08891 RAS 39111 b |
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|
1 |
| the actions of the instructors; and
|
2 |
| (6) any other requirements as provided by rule.
|
3 |
| (c) All applicants for an education provider's license |
4 |
| shall make initial
application to the Board on forms approved |
5 |
| and provided by the Board
OBRE on forms provided by OBRE and |
6 |
| pay the appropriate fee as
provided by rule. The term, |
7 |
| expiration date, and renewal of an education
provider's license |
8 |
| shall be established by rule.
|
9 |
| (d) An education provider shall provide each successful |
10 |
| course participant
with a certificate of
completion signed by |
11 |
| the school administrator. The format and content of the
|
12 |
| certificate shall be specified by rule.
|
13 |
| (e) All education providers shall provide to the Board
OBRE
|
14 |
| a monthly roster of all
successful course
participants as |
15 |
| provided by rule.
|
16 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
17 |
| (225 ILCS 458/1-80)
(was 225 ILCS 458/20-10)
|
18 |
| (Section scheduled to be repealed on January 1, 2012)
|
19 |
| Sec. 1-80
20-10 . Course approval.
|
20 |
| (a) Only courses offered by licensed education providers |
21 |
| and approved
by the Board
OBRE shall be used to meet the |
22 |
| requirements of this Act and rules.
|
23 |
| (b) An education provider licensed under this Act may |
24 |
| submit courses to the Board
OBRE
for approval.
The criteria, |
25 |
| requirements, and fees for courses shall be established
by rule |
26 |
| in accordance with
this Act, Title XI, and the criteria |
27 |
| established by the AQB.
|
28 |
| (c) For each course approved, the Board
OBRE shall issue a |
29 |
| license to the education
provider. The term, expiration date, |
30 |
| and renewal of a course approval shall
be
established by rule.
|
31 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
32 |
| (225 ILCS 458/1-85 new) |
33 |
| (Section scheduled to be repealed on January 1, 2012) |
34 |
| Sec. 1-85. Rulemaking authority. The Board may adopt rules |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
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|
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| not inconsistent with the provisions of this Act and
the laws |
2 |
| of Illinois that are reasonably necessary to
implement, |
3 |
| administer, and enforce the provisions of this Act, including, |
4 |
| but not
limited to, the authority to: |
5 |
| (1) prescribe forms and procedures for submitting |
6 |
| information to the Board; |
7 |
| (2) prescribe standards of practice for persons |
8 |
| registered as an appraisal
associate, a certified |
9 |
| residential appraiser, or a certified general appraiser |
10 |
| under
this Act; and |
11 |
| (3) prescribe standards for the operation of real |
12 |
| estate appraiser education
programs. |
13 |
| (225 ILCS 458/1-90 new) |
14 |
| (Section scheduled to be repealed on January 1, 2012) |
15 |
| Sec. 1-90. Register of applicants; roster of associate |
16 |
| appraisers, State certified residential appraisers, and State |
17 |
| certified general appraisers; financial report to Secretary of |
18 |
| State; administrative expenses.
|
19 |
| (a)
The Executive Director of the Board shall keep a |
20 |
| register of all applicants for State trainee registration or |
21 |
| for State certification as a real estate appraiser, showing, |
22 |
| for each, the date of application, name, business or residence |
23 |
| address, and whether the registration, license, or certificate |
24 |
| was
granted or refused. The register shall be prima facie |
25 |
| evidence of all matters received therein. |
26 |
| (b)
The Executive Director of the Board shall also keep a |
27 |
| current roster showing the names and places of business of all |
28 |
| registered trainees and State certified real estate |
29 |
| appraisers, which shall be kept on file in the office of the |
30 |
| Board and be open to public inspection. |
31 |
| (c)
On or before November 1 of each year, the Board shall |
32 |
| file with the Secretary of State a copy of the roster of |
33 |
| registered trainees and real estate appraisers certified by the |
34 |
| Board and a report containing a complete statement of income |
35 |
| received by the Board in connection with the licensing of |
|
|
|
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LRB094 08891 RAS 39111 b |
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|
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| associate appraisers and the certification of appraisers for |
2 |
| the preceding fiscal year ending June 30th, attested by the |
3 |
| affidavit of the Executive Director of the Board. |
4 |
| (d)
In addition to those fees prescribed in this Act for |
5 |
| making application for and renewing trainee registrations, |
6 |
| appraiser licenses, and certificates, the Board may collect |
7 |
| from applicants and holders of the licenses and certificates |
8 |
| and remit to the appropriate agency or instrumentality of the |
9 |
| federal government any additional fees as may be required to |
10 |
| render State certified appraisers eligible to perform |
11 |
| appraisals in connection with federally related transactions.
|
12 |
| (225 ILCS 458/1-95)
(was 225 ILCS 458/25-15)
|
13 |
| (Section scheduled to be repealed on January 1, 2012)
|
14 |
| Sec. 1-95
25-15 . Executive Director of the Appraisal Board
|
15 |
| Director of the Real Estate Appraisal Division ; appointment;
|
16 |
| duties. The
Board shall appoint an Executive Director. As of |
17 |
| January 1, 2006, the Executive Director must hold a current, |
18 |
| valid certified general real estate certificate, which shall be |
19 |
| surrendered to the Board during the term of his or her |
20 |
| appointment. The Executive Director must have completed the |
21 |
| 30-hour National Instructors Course on Uniform Standards of |
22 |
| Professional Appraisal Practice. The Director's certificate |
23 |
| shall be returned in the same status as it was on the date of |
24 |
| surrender, credited with all fees and continuing education |
25 |
| requirements that came due during the Director's employment. |
26 |
| The Executive Director
Commissioner shall appoint a Director of |
27 |
| the Real Estate Appraisal Division for
a term of 4 years. The
|
28 |
| Director shall hold a valid
State
certified general real estate |
29 |
| appraiser or
State
certified residential
real estate appraiser |
30 |
| license, which shall be surrendered to OBRE during the
term of |
31 |
| his or her
appointment. The Director of the Real Estate |
32 |
| Appraisal Division shall:
|
33 |
| (1) serve as a member of the Real Estate Appraisal
|
34 |
| Board without vote;
|
35 |
| (2) be a
the direct liaison between the Board
OBRE , the |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
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|
1 |
| profession, and the real
estate appraisal industry
|
2 |
| organizations and associations;
|
3 |
| (3) prepare and circulate to licensees such |
4 |
| educational and informational
material as
the Board
OBRE
|
5 |
| deems necessary for providing guidance or assistance to |
6 |
| licensees;
|
7 |
| (4) appoint necessary committees to assist in the |
8 |
| performance of the
functions and duties
of the Board
OBRE
|
9 |
| under this Act; and
|
10 |
| (5) subject to the administrative approval of the |
11 |
| Commissioner, supervise
the staff
Real Estate
Appraisal |
12 |
| Division .
|
13 |
| In appointing the Executive Director, the Board
Director of |
14 |
| the Real Estate Appraisal Division, the
Commissioner shall give |
15 |
| due
consideration to members, organizations, and associations |
16 |
| of the real estate
appraisal industry.
|
17 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
18 |
| (225 ILCS 458/1-100 new)
|
19 |
| (Section scheduled to be repealed on January 1, 2012) |
20 |
| Sec. 1-100. Disciplinary action by Board.
|
21 |
| (a)
The Board may take disciplinary action against |
22 |
| registered trainees and State certified real estate |
23 |
| appraisers. Upon its own motion or the complaint of any person, |
24 |
| the Board may investigate the actions of any person registered |
25 |
| as a trainee or certified as a real estate appraiser under this |
26 |
| Act, any person who performs appraisals without an appropriate |
27 |
| registration, license, or certificate, or any person who holds |
28 |
| himself or herself out to be registered as a trainee or |
29 |
| certified as a real estate appraiser when the person holds no |
30 |
| registration, license, or certificate. If the Board finds |
31 |
| probable cause to believe that a person registered as a trainee |
32 |
| or certified as a real estate appraiser under this Act has |
33 |
| violated any of the provisions of this Act, the Board may hold |
34 |
| a hearing on the allegations of misconduct. The Board may |
35 |
| suspend or revoke the registration, license, or certificate |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
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|
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| granted to any person under the provisions of this Act or |
2 |
| reprimand any registered trainee, licensee, or certificate |
3 |
| holder if, following a hearing or by consent, the Board finds |
4 |
| the registered trainee, licensee, or certificate holder to have |
5 |
| done any of the following: |
6 |
| (1)
Procured registration, licensure, or certification |
7 |
| pursuant to this Act by making a false or fraudulent |
8 |
| representation. |
9 |
| (2)
Made any willful or negligent misrepresentation or |
10 |
| any willful or negligent omission of material fact. |
11 |
| (3)
Accepted an appraisal assignment when the |
12 |
| employment is contingent upon the appraiser reporting a |
13 |
| predetermined result, analysis, or opinion, or when the fee |
14 |
| to be paid for the performance of the appraisal assignment |
15 |
| is contingent upon the opinion, conclusion, or valuation |
16 |
| reached or upon consequences resulting from the appraisal |
17 |
| assignment. |
18 |
| (4)
Acted or held himself or herself out as a |
19 |
| registered trainee or a State certified real estate |
20 |
| appraiser when not so registered or certified. |
21 |
| (5)
Failed, as a State certified real estate appraiser, |
22 |
| to actively and personally supervise any person not |
23 |
| licensed or certified under this Act who assists the State |
24 |
| certified real estate appraiser in performing real estate |
25 |
| appraisals. |
26 |
| (6)
Failed to make available to the Board for its |
27 |
| inspection without prior notice, originals or true copies |
28 |
| of all written contracts engaging the person's services to |
29 |
| appraise real property and all reports and supporting data |
30 |
| assembled and
formulated by the appraiser in preparing the |
31 |
| reports. |
32 |
| (7)
Paid a fee or valuable consideration to any person |
33 |
| for acts or services performed in violation of this Act. |
34 |
| (8)
Acted as a real estate appraiser in an unworthy or |
35 |
| incompetent manner as to endanger the interest of the |
36 |
| public. |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| (9)
Violated any of the standards of practice for real |
2 |
| estate appraisers or any other rule promulgated by the |
3 |
| Board. |
4 |
| (10)
Performed any other act that constitutes |
5 |
| improper, fraudulent, or other dishonest conduct. |
6 |
| (11)
Violated any of the provisions of this Act. |
7 |
| The Executive Director of the Board shall transmit a |
8 |
| certified copy of all final orders of the Board suspending or |
9 |
| revoking registrations, licenses, or certificates issued under |
10 |
| this Act to the clerk of the circuit court of the county in |
11 |
| which the licensee or certificate holder maintains the person's |
12 |
| principal place of business. |
13 |
| (b)
Following a hearing, or by consent, the Board may also |
14 |
| suspend or revoke any registration, license, or certificate |
15 |
| issued under the provisions of this Act or reprimand any |
16 |
| registered associate appraiser or certificate holder when: |
17 |
| (1)
The registered associate appraiser or certificate |
18 |
| holder has been convicted of or has entered a plea of |
19 |
| guilty or no contest upon which final judgment is entered |
20 |
| by a court of competent jurisdiction in this State, or any |
21 |
| other state, to an offense which involves moral turpitude, |
22 |
| in which an essential element is dishonesty, fraud, or |
23 |
| deceit, or which, in the discretion of the Board, would |
24 |
| reasonably affect the performance of the registered |
25 |
| trainee, licensee, or certificate holder in the real estate |
26 |
| appraisal business; |
27 |
| (2)
A final civil judgment has been entered against the |
28 |
| registered associate appraiser or certificate holder on |
29 |
| grounds of fraud, misrepresentation, or deceit in the |
30 |
| making of any appraisal of real estate; |
31 |
| (3)
The associate appraiser or certificate holder has |
32 |
| violated any of the provisions of this Act when appraising |
33 |
| his own property; |
34 |
| (4)
The associate appraiser or certificate holder has |
35 |
| had a real estate trainee registration or its equivalent, |
36 |
| real estate appraiser license, or real estate appraiser |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| certification suspended, revoked, or denied by a real |
2 |
| estate licensing board in another state; |
3 |
| (5)
The associate appraiser or certificate holder has |
4 |
| had any disciplinary action taken against any other |
5 |
| professional license in Illinois or any other state; |
6 |
| (6)
The associate appraiser or certificate holder has |
7 |
| been adjudged mentally incompetent by a court; or |
8 |
| (7)
The associate appraiser or certificate holder |
9 |
| performs any of the duties of a real estate appraiser, |
10 |
| including, but not limited to, site inspection and public |
11 |
| records checks, while impaired by alcohol or drugs. |
12 |
| If any of the actions taken in subdivision (1), (2), (4), |
13 |
| (5), or (6) of this subsection (b) are taken against an |
14 |
| associate appraiser or certificate holder, the trainee, |
15 |
| licensee, or certificate holder must report such actions within |
16 |
| 60 days of the final judgment or final order in the case. |
17 |
| (c)
When a person registered as an associate appraiser or |
18 |
| certified as a real estate appraiser under this Act is accused |
19 |
| of any act, omission, or misconduct which would subject the |
20 |
| person to disciplinary action, the registered trainee, |
21 |
| licensee, or certificate holder, with the consent and approval |
22 |
| of the Board, may surrender his or her registration, license, |
23 |
| or certificate and all the rights and privileges pertaining to |
24 |
| it for a period of time established by the Board. A person who |
25 |
| surrenders his or her registration, license, or certificate |
26 |
| shall not thereafter be eligible for or submit any application |
27 |
| for registration, licensure, or certification as a real estate |
28 |
| appraiser during the period that the registration, license, or |
29 |
| certificate is surrendered. |
30 |
| (d)
The Board shall have the power to issue subpoenas |
31 |
| requiring the attendance of persons and the production of |
32 |
| papers and records before the Board in any hearing, |
33 |
| investigation, inquiry, or other proceeding conducted by it. |
34 |
| Upon the production of any papers, records, or documents, the |
35 |
| Board shall have the power to authorize true copies thereof to |
36 |
| be substituted in the permanent record of the matter in which |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| the books, records, or documents shall have been introduced in |
2 |
| evidence.
|
3 |
| (225 ILCS 458/1-105)
(was 225 ILCS 458/15-10)
|
4 |
| (Section scheduled to be repealed on January 1, 2012)
|
5 |
| Sec. 15-10. Investigations and complaints
Grounds for |
6 |
| disciplinary action .
|
7 |
| (a) The Board may dismiss a complaint, accept a consent |
8 |
| order, or hold a hearing, or may accept a voluntary surrender |
9 |
| of a registration, license, or certificate or of approval as a |
10 |
| course sponsor.
The Office of Banks and Real Estate may |
11 |
| suspend, revoke,
refuse to issue or
renew a license and may |
12 |
| reprimand place on probation or administrative
supervision,
or |
13 |
| otherwise discipline a licensee, including
imposing
conditions |
14 |
| limiting the scope, nature, or extent of the real estate |
15 |
| appraisal
practice of a
licensee or reducing the appraisal rank |
16 |
| of a licensee,
and may impose a civil penalty not to exceed |
17 |
| $10,000 upon a licensee
for one or any combination of the |
18 |
| following:
|
19 |
| (1) Procuring or attempting to procure a license by |
20 |
| knowingly making a
false statement,
submitting false |
21 |
| information, engaging in any form of fraud or
|
22 |
| misrepresentation,
or refusing
to provide complete |
23 |
| information in response to a question in an application for
|
24 |
| licensure.
|
25 |
| (2) Failing to meet the minimum qualifications for |
26 |
| licensure as an
appraiser established by this
Act.
|
27 |
| (3) Paying money, other than for the fees provided for |
28 |
| by this Act, or
anything of value to a
member or employee |
29 |
| of the Board or Office of Banks and Real Estate to procure
|
30 |
| licensure
under this Act.
|
31 |
| (4) Being convicted of any crime, an essential element |
32 |
| of which is
dishonesty, fraud, theft, or
embezzlement, or |
33 |
| obtaining money, property, or credit by false pretenses, or
|
34 |
| any other crime
that is reasonably related to the practice |
35 |
| of real estate appraisal or a
conviction in any state
or |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| federal court of any felony.
|
2 |
| (5) Committing an act or omission involving |
3 |
| dishonesty, fraud, or
misrepresentation with the intent to
|
4 |
| substantially benefit the licensee or another person or |
5 |
| with intent to
substantially injure
another person as |
6 |
| defined by rule.
|
7 |
| (6) Violating a provision or standard for the |
8 |
| development or
communication of real estate
appraisals as |
9 |
| provided in Section 10-10 of this Act or as defined by |
10 |
| rule.
|
11 |
| (7) Failing or refusing without good cause to exercise |
12 |
| reasonable
diligence in developing, reporting,
or |
13 |
| communicating an appraisal, as defined by this Act or by |
14 |
| rule.
|
15 |
| (8) Violating a provision of this Act or the rules |
16 |
| adopted pursuant to
this Act.
|
17 |
| (9) Having been disciplined by another state, the |
18 |
| District of Columbia, a
territory, a foreign nation,
a |
19 |
| governmental agency, or any other entity authorized to |
20 |
| impose discipline if
at least one of
the grounds for that |
21 |
| discipline is the same as or the equivalent of one of the
|
22 |
| grounds for
which a licensee may be disciplined under this |
23 |
| Act.
|
24 |
| (10) Engaging in dishonorable, unethical, or |
25 |
| unprofessional conduct of a
character likely to
deceive, |
26 |
| defraud, or harm the public.
|
27 |
| (11) Accepting an appraisal assignment when the |
28 |
| employment
itself is contingent
upon the appraiser |
29 |
| reporting a predetermined estimate, analysis, or opinion |
30 |
| or
when the fee
to be paid is contingent upon the opinion, |
31 |
| conclusion, or valuation reached or
upon the
consequences |
32 |
| resulting from the appraisal assignment.
|
33 |
| (12) Developing valuation conclusions based on the |
34 |
| race, color, religion,
sex, national origin,
ancestry, |
35 |
| age, marital status, family status, physical or mental |
36 |
| handicap, or
unfavorable
military discharge, as defined |
|
|
|
HB3495 |
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LRB094 08891 RAS 39111 b |
|
|
1 |
| under the Illinois Human Rights Act, of the
prospective or
|
2 |
| present owners or occupants of the area or property under |
3 |
| appraisal.
|
4 |
| (13) Violating the confidential nature of government |
5 |
| records to which
the licensee gained
access through |
6 |
| employment or engagement as an appraiser by a government |
7 |
| agency.
|
8 |
| (14) Being adjudicated liable in a civil proceeding on |
9 |
| grounds of
fraud, misrepresentation, or
deceit. In a |
10 |
| disciplinary proceeding based upon a finding of civil |
11 |
| liability,
the appraiser shall
be afforded an opportunity |
12 |
| to present mitigating and extenuating circumstances,
but |
13 |
| may not
collaterally attack the civil adjudication.
|
14 |
| (15) Being adjudicated liable in a civil proceeding for |
15 |
| violation of
a state or federal fair
housing law.
|
16 |
| (16) Engaging in misleading or untruthful advertising |
17 |
| or using a trade
name or insignia of
membership in a real |
18 |
| estate appraisal or real estate organization of
which the |
19 |
| licensee is
not a member.
|
20 |
| (17) Failing to fully cooperate with an OBRE |
21 |
| investigation by knowingly
making a false
statement, |
22 |
| submitting false or misleading information, or refusing to |
23 |
| provide
complete information in response to written
|
24 |
| interrogatories or a written
request for documentation |
25 |
| within 30 days of the request.
|
26 |
| (18) Failing to include within the certificate of |
27 |
| appraisal for all
written appraisal reports the |
28 |
| appraiser's license number and licensure title.
All |
29 |
| appraisers providing significant contribution to the |
30 |
| development and
reporting of an appraisal must be disclosed |
31 |
| in the appraisal report. It is a
violation of this Act for |
32 |
| an
appraiser to sign a report,
transmittal letter, or |
33 |
| appraisal certification knowing that a person providing
a |
34 |
| significant
contribution to the report has not been |
35 |
| disclosed in the appraisal report.
|
36 |
| (b) The Office of Banks and Real Estate may reprimand |
|
|
|
HB3495 |
- 33 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| suspend, revoke,
or refuse to issue or renew an education |
2 |
| provider's
license, may reprimand, place on probation, or |
3 |
| otherwise discipline
an education provider
and may suspend or |
4 |
| revoke the course approval of any course offered by
an |
5 |
| education provider and may impose a civil penalty not to exceed |
6 |
| $10,000 upon
an education provider,
for any of the following:
|
7 |
| (1) Procuring or attempting to procure licensure by |
8 |
| knowingly making a
false statement,
submitting false |
9 |
| information, engaging in any form of fraud or
|
10 |
| misrepresentation, or
refusing to
provide complete |
11 |
| information in response to a question in an application for
|
12 |
| licensure.
|
13 |
| (2) Failing to comply with the covenants certified to |
14 |
| on the application
for licensure as an education provider.
|
15 |
| (3) Committing an act or omission involving |
16 |
| dishonesty, fraud, or
misrepresentation or allowing any |
17 |
| such act or omission by
any employee or contractor under |
18 |
| the control of the provider.
|
19 |
| (4) Engaging in misleading or untruthful advertising.
|
20 |
| (5) Failing to retain competent instructors in |
21 |
| accordance with rules
adopted
under this Act.
|
22 |
| (6) Failing to meet the topic or time requirements for |
23 |
| course approval as
the provider of a pre-license
curriculum |
24 |
| course or a continuing education course.
|
25 |
| (7) Failing to administer an approved course using the |
26 |
| course materials,
syllabus, and examinations
submitted as |
27 |
| the basis of the course approval.
|
28 |
| (8) Failing to provide an appropriate classroom |
29 |
| environment for
presentation of courses, with
|
30 |
| consideration for student comfort, acoustics, lighting, |
31 |
| seating, workspace, and
visual aid material.
|
32 |
| (9) Failing to maintain student records in compliance |
33 |
| with the rules
adopted under this Act.
|
34 |
| (10) Failing to provide a certificate, transcript, or |
35 |
| other student
record to OBRE or to a student
as may be |
36 |
| required by rule.
|
|
|
|
HB3495 |
- 34 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| (11) Failing to fully cooperate with an OBRE |
2 |
| investigation by knowingly
making a false
statement, |
3 |
| submitting false or misleading information, or refusing to |
4 |
| provide
complete information in response to written |
5 |
| interrogatories or a written
request for documentation |
6 |
| within 30 days of the request.
|
7 |
| (c) In appropriate cases, the Board
OBRE may resolve a |
8 |
| complaint against a licensee
through the issuance of a Consent |
9 |
| to Administrative Supervision order.
A licensee subject to a |
10 |
| Consent to Administrative Supervision order
shall be |
11 |
| considered by the Board
OBRE
as an active licensee in good |
12 |
| standing. This order shall not be reported or
considered by the |
13 |
| Board
OBRE to be a discipline
of the licensee. The records |
14 |
| regarding an investigation and a Consent to
Administrative |
15 |
| Supervision order
shall be considered confidential and shall |
16 |
| not be released by the Board
OBRE except
as mandated by law.
A |
17 |
| complainant shall be notified if his or her complaint has been |
18 |
| resolved
by a Consent to
Administrative Supervision order.
|
19 |
| (b)
Records, papers, and other documents containing |
20 |
| information received, collected, or compiled by the Board, its |
21 |
| members, or its employees, as a result of a complaint or |
22 |
| investigation, shall not be considered public records. Any |
23 |
| statement of charges contained within a notice of a hearing to |
24 |
| be held by the Board is a public record, even though it may |
25 |
| contain information collected and compiled as a result of a |
26 |
| complaint or investigation against a trainee, licensee, or |
27 |
| certificate holder or an applicant. Any record, paper, or other |
28 |
| document admitted into evidence in a hearing held by the Board, |
29 |
| and any final decisions and orders by the Board, including |
30 |
| consent orders, shall be public records. |
31 |
| (c)
The Board may inspect records maintained pursuant to |
32 |
| this Act periodically, without prior notice, and may also |
33 |
| inspect these records whenever the Board determines that they |
34 |
| are pertinent to an investigation of any specific complaint |
35 |
| against a person registered, licensed, or certified by the |
36 |
| Board.
|
|
|
|
HB3495 |
- 35 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| (Source: P.A. 92-180, eff. 7-1-02.)
|
2 |
| (225 ILCS 458/1-110 new)
|
3 |
| (Section scheduled to be repealed on January 1, 2012) |
4 |
| Sec. 1-110. Penalty for violation of this Act.
|
5 |
| (a)
Any person who acts as, or holds himself or herself out |
6 |
| to be, a registered trainee or a State certified real estate |
7 |
| appraiser without first obtaining a registration, license, or |
8 |
| certificate as provided in this Act or who willfully performs |
9 |
| any acts specified in this Act without first obtaining a |
10 |
| registration, license, or certificate as provided in this Act |
11 |
| is guilty of a Class A misdemeanor. |
12 |
| (b)
The Board may appear in its own name in circuit court |
13 |
| in actions for injunctive relief to prevent any person from |
14 |
| violating the provisions of this Act or the rules promulgated |
15 |
| by the Board. The circuit court shall have the power to grant |
16 |
| these injunctions whether or not criminal prosecution has been |
17 |
| or may be instituted as a result of the violations, and whether |
18 |
| or not the person is the holder of a registration, license, or |
19 |
| certificate issued by the Board under this Act. |
20 |
| (225 ILCS 458/1-115 new)
|
21 |
| (Section scheduled to be repealed on January 1, 2012) |
22 |
| Sec. 1-115. Referral of cases by courts. Whenever any |
23 |
| registered associate appraiser or certificate holder is |
24 |
| adjudged by a civil or criminal court to have injured or |
25 |
| damaged any person, partnership, association, or corporation |
26 |
| through gross negligence, incompetence, fraud, dishonesty, or |
27 |
| other civil or criminal misconduct, the court may, as part of |
28 |
| its judgment or decree, order a written copy of the transcript |
29 |
| of the record in said case to be forwarded by the clerk of |
30 |
| court to the Board with a recommendation that the registration, |
31 |
| license, or certificate of the registered trainee, licensee, or |
32 |
| certificate holder be revoked or otherwise subject to |
33 |
| disciplinary action. |
|
|
|
HB3495 |
- 36 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| (225 ILCS 458/1-120 new)
|
2 |
| (Section scheduled to be repealed on January 1, 2012) |
3 |
| Sec. 1-120. Illinois Appraisal Fund; surcharge. The |
4 |
| Illinois Appraisal Fund is created as a special fund in the |
5 |
| State Treasury. All
fees, fines, and penalties received by the |
6 |
| Board
under this Act shall be deposited into the Illinois |
7 |
| Appraisal Fund.
All earnings attributable to investment of |
8 |
| funds in the Appraisal Administration
Fund shall be credited to |
9 |
| the Illinois Appraisal Fund. Subject to appropriation, the
|
10 |
| moneys in the Illinois Appraisal Fund shall be paid
to the |
11 |
| Board for the expenses incurred by
the Board in the |
12 |
| administration of this Act. |
13 |
| Upon the completion of any audit of the Board, as |
14 |
| prescribed by the Illinois State
Auditing Act, which shall |
15 |
| include an audit of the Illinois Appraisal
Fund, the Board
|
16 |
| shall make the audit report open to inspection by any |
17 |
| interested person.
|
18 |
| (225 ILCS 458/Art. 2 heading new) |
19 |
| ARTICLE 2. SAVINGS PROVISIONS |
20 |
| (Scheduled to be repealed on January 1, 2012) |
21 |
| (225 ILCS 458/2-5 new)
|
22 |
| (Section scheduled to be repealed on January 1, 2012) |
23 |
| Sec. 2-5. Transfer of authority.
|
24 |
| (a) This Act is intended to replace the Real Estate |
25 |
| Appraiser Licensing Act
of 2002 in all respects. |
26 |
| (b) Beginning on the effective date of this amendatory Act |
27 |
| of the 94th General Assembly, the rights, powers, and duties |
28 |
| exercised by
the
Office of Banks and Real
Estate under the Real |
29 |
| Estate Appraiser Licensing Act of 2002 shall continue to be
|
30 |
| vested in, to be the obligation of,
and to be exercised by the |
31 |
| Illinois Appraisal Board under the provisions
of this Act. |
32 |
| (c) This Act does not affect any act done, ratified, or |
33 |
| cancelled, any
right occurring or established,
or any action or |
34 |
| proceeding commenced in an administrative, civil, or criminal
|
|
|
|
HB3495 |
- 37 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| cause before the effective date of this amendatory Act of the |
2 |
| 94th General Assembly by the Office of Banks and Real Estate |
3 |
| under the Real Estate Appraiser
Licensing Act of 2002. Those
|
4 |
| actions or proceedings may be prosecuted and continued by the |
5 |
| Division of Banks
and Real Estate of the Department of |
6 |
| Financial and Professional Regulation under
this Act. |
7 |
| (d) This Act does not affect any license, certificate, |
8 |
| permit, or other form
of licensure
issued by the Office of |
9 |
| Banks and Real Estate under the Real Estate Appraiser
Licensing |
10 |
| Act of 2002, except as provided in this Act. All such
licenses, |
11 |
| certificates, permits, or other form of licensure
shall |
12 |
| continue to be valid under
the terms and conditions of this |
13 |
| Act. |
14 |
| (e) The rules adopted by the Office of Banks and Real |
15 |
| Estate relating to the
Real Estate Appraiser
Licensing Act of |
16 |
| 2002, unless inconsistent with the provisions of this Act, are |
17 |
| not
affected by this Act, and on
the effective date of this |
18 |
| amendatory Act of the 94th General Assembly, those rules become |
19 |
| rules under this Act. The Illinois Appraisal Board shall, as |
20 |
| soon
as practicable, adopt new or amended rules consistent with |
21 |
| the provisions of
this Act. |
22 |
| (f) This Act does not affect any discipline, suspension, or |
23 |
| termination
that has occurred under the
Real Estate Appraiser |
24 |
| Licensing Act of 2002 or other predecessor Act. Any action for
|
25 |
| discipline, suspension, or
termination instituted under the |
26 |
| Real Estate Appraiser Licensing Act of 2002 shall be
continued |
27 |
| under this Act.
|
28 |
| (225 ILCS 458/1-5 rep.)
|
29 |
| (225 ILCS 458/Art. 5 heading rep.)
|
30 |
| (225 ILCS 458/5-5 rep.)
|
31 |
| (225 ILCS 458/5-30 rep.)
|
32 |
| (225 ILCS 458/5-40 rep.)
|
33 |
| (225 ILCS 458/Art. 10 heading rep.)
|
34 |
| (225 ILCS 458/10-15 rep.)
|
35 |
| (225 ILCS 458/Art. 15 heading rep.)
|
|
|
|
HB3495 |
- 38 - |
LRB094 08891 RAS 39111 b |
|
|
1 |
| (225 ILCS 458/15-5 rep.)
|
2 |
| (225 ILCS 458/15-15 rep.)
|
3 |
| (225 ILCS 458/15-20 rep.)
|
4 |
| (225 ILCS 458/15-30 rep.)
|
5 |
| (225 ILCS 458/15-35 rep.)
|
6 |
| (225 ILCS 458/15-40 rep.)
|
7 |
| (225 ILCS 458/15-45 rep.)
|
8 |
| (225 ILCS 458/15-50 rep.)
|
9 |
| (225 ILCS 458/15-55 rep.)
|
10 |
| (225 ILCS 458/15-60 rep.)
|
11 |
| (225 ILCS 458/Art. 20 heading rep.)
|
12 |
| (225 ILCS 458/Art. 25 heading rep.)
|
13 |
| (225 ILCS 458/25-5 rep.)
|
14 |
| (225 ILCS 458/25-20 rep.)
|
15 |
| (225 ILCS 458/25-25 rep.)
|
16 |
| (225 ILCS 458/25-30 rep.)
|
17 |
| (225 ILCS 458/30-10 rep.)
|
18 |
| Section 15. The Real Estate Appraiser Licensing Act of 2002 |
19 |
| is amended by repealing Section 1-5, the heading of Article 5 |
20 |
| and Sections 5-5, 5-30, and 5-40, the heading of Article 10 and |
21 |
| Section 10-15, the heading of Article 15 and Sections 15-5, |
22 |
| 15-15, 15-20, 15-30, 15-35, 15-40, 15-45, 15-50, 15-55, and |
23 |
| 15-60, the heading of Article 20, the heading of Article 25 and |
24 |
| Sections 25-5, 25-20, 25-25, and 25-30, and Section 30-10.
|
|
|
|
HB3495 |
- 39 - |
LRB094 08891 RAS 39111 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 5 ILCS 80/4.22 |
|
| 4 |
| 225 ILCS 458/Art. 1 | 5 |
| heading |
|
| 6 |
| 225 ILCS 458/1-1 |
|
| 7 |
| 225 ILCS 458/1-10 |
|
| 8 |
| 225 ILCS 458/1-11 new |
|
| 9 |
| 225 ILCS 458/1-12 new |
|
| 10 |
| 225 ILCS 458/1-13 new |
|
| 11 |
| 225 ILCS 458/1-15 |
was 225 ILCS 458/25-10 |
| 12 |
| 225 ILCS 458/1-20 |
was 225 ILCS 458/10-5 |
| 13 |
| 225 ILCS 458/1-25 |
was 225 ILCS 458/10-10 |
| 14 |
| 225 ILCS 458/1-30 |
was 225 ILCS 458/5-20, 458/5-15, 458/5-10 |
| 15 |
| 225 ILCS 458/1-35 |
was 225 ILCS 458/5-25 |
| 16 |
| 225 ILCS 458/1-40 |
was 225 ILCS 458/5-35 |
| 17 |
| 225 ILCS 458/1-45 new |
|
| 18 |
| 225 ILCS 458/1-50 |
was 225 ILCS 458/5-45 |
| 19 |
| 225 ILCS 458/1-55 new |
was 225 ILCS 458/5-50 |
| 20 |
| 225 ILCS 458/1-60 |
was 225 ILCS 458/5-55 |
| 21 |
| 225 ILCS 458/1-65 |
was 225 ILCS 458/10-20 |
| 22 |
| 225 ILCS 458/1-70 new |
|
| 23 |
| 225 ILCS 458/1-75 |
was 225 ILCS 458/20-5 |
| 24 |
| 225 ILCS 458/1-80 |
was 225 ILCS 458/20-10 |
| 25 |
| 225 ILCS 458/1-85 new |
|
| 26 |
| 225 ILCS 458/1-90 new |
|
| 27 |
| 225 ILCS 458/1-95 |
was 225 ILCS 458/25-15 |
| 28 |
| 225 ILCS 458/1-100 new |
|
| 29 |
| 225 ILCS 458/1-105 |
was 225 ILCS 458/15-10 |
| 30 |
| 225 ILCS 458/1-110 new |
|
| 31 |
| 225 ILCS 458/1-115 new |
|
| 32 |
| 225 ILCS 458/1-120 new |
|
| 33 |
| 225 ILCS 458/Art. 2 | 34 |
| heading new |
|
|
|
|
|
HB3495 |
- 40 - |
LRB094 08891 RAS 39111 b |
|
| 1 |
| 225 ILCS 458/2-5 new |
|
| 2 |
| 225 ILCS 458/1-5 rep. |
|
| 3 |
| 225 ILCS 458/Art. 5 | 4 |
| heading rep. |
|
| 5 |
| 225 ILCS 458/5-5 rep. |
|
| 6 |
| 225 ILCS 458/5-30 rep. |
|
| 7 |
| 225 ILCS 458/5-40 rep. |
|
| 8 |
| 225 ILCS 458/Art. 10 | 9 |
| heading rep. |
|
| 10 |
| 225 ILCS 458/10-15 rep. |
|
| 11 |
| 225 ILCS 458/Art. 15 | 12 |
| heading rep. |
|
| 13 |
| 225 ILCS 458/15-5 rep. |
|
| 14 |
| 225 ILCS 458/15-15 rep. |
|
| 15 |
| 225 ILCS 458/15-20 rep. |
|
| 16 |
| 225 ILCS 458/15-30 rep. |
|
| 17 |
| 225 ILCS 458/15-35 rep. |
|
| 18 |
| 225 ILCS 458/15-40 rep. |
|
| 19 |
| 225 ILCS 458/15-45 rep. |
|
| 20 |
| 225 ILCS 458/15-50 rep. |
|
| 21 |
| 225 ILCS 458/15-55 rep. |
|
| 22 |
| 225 ILCS 458/15-60 rep. |
|
| 23 |
| 225 ILCS 458/Art. 20 | 24 |
| heading rep. |
|
| 25 |
| 225 ILCS 458/Art. 25 | 26 |
| heading rep. |
|
| 27 |
| 225 ILCS 458/25-5 rep. |
|
| 28 |
| 225 ILCS 458/25-20 rep. |
|
| 29 |
| 225 ILCS 458/25-25 rep. |
|
| 30 |
| 225 ILCS 458/25-30 rep. |
|
| 31 |
| 225 ILCS 458/30-10 rep. |
|
|
|