Full Text of HB3714 102nd General Assembly
HB3714 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3714 Introduced 2/22/2021, by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: |
| |
Amends the Real Estate Appraiser Licensing Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation. Provides that except as otherwise expressly provided, nothing in the Act shall be construed to grant to any person a private right of action for damages or to enforce the provisions of the Act or the rules issued under the Act. Creates provisions concerning inactive licenses; citations; and illegal discrimination. Makes changes in provisions concerning necessity of license, use of title, exemptions; applications for State certified general real estate appraiser; application for State certified residential real estate appraiser; application for associate real estate trainee appraiser; duration of application; criminal history records checks; renewal of license; qualifying education requirements; scope of practice; standards of practice; unlicensed practice; grounds for disciplinary action; investigation, notice, and hearing; credit card charges; education providers; course approval; the Real Estate Appraisal Administration and Disciplinary Board; Department powers and duties; rules; and savings provisions. Repeals provisions concerning surveys and the Appraisal Administration Fund. Makes other changes. Amends the Appraisal Management Company Registration Act. Provides that nothing in the Act shall apply to a department or division of an entity that provides appraisal management services only to that entity. Makes changes to definitions. Amends the Regulatory Sunset Act. Extends the repeal date of the Real Estate Appraiser Licensing Act from January 1, 2022 to January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3714 | | LRB102 03960 SPS 13976 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Regulatory Sunset Act is amended by | 5 | | changing Section 4.32 and by adding Section 4.41 as follows: | 6 | | (5 ILCS 80/4.32) | 7 | | Sec. 4.32. Acts repealed on January 1, 2022. The following | 8 | | Acts are repealed on January 1, 2022: | 9 | | The Boxing and Full-contact Martial Arts Act. | 10 | | The Cemetery Oversight Act. | 11 | | The Collateral Recovery Act. | 12 | | The Community Association Manager Licensing and | 13 | | Disciplinary Act. | 14 | | The Crematory Regulation Act. | 15 | | The Detection of Deception Examiners Act.
| 16 | | The Home Inspector License Act.
| 17 | | The Illinois Health Information Exchange and Technology | 18 | | Act. | 19 | | The Medical Practice Act of 1987. | 20 | | The Registered Interior Designers Act.
| 21 | | The Massage Licensing Act.
| 22 | | The Petroleum Equipment Contractors Licensing Act.
| 23 | | The Radiation Protection Act of 1990. |
| | | HB3714 | - 2 - | LRB102 03960 SPS 13976 b |
|
| 1 | | The Real Estate Appraiser Licensing Act of 2002. | 2 | | The Water Well and Pump Installation Contractor's License | 3 | | Act. | 4 | | (Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19; | 5 | | 101-614, eff. 12-20-19; 101-639, eff. 6-12-20.) | 6 | | (5 ILCS 80/4.41 new) | 7 | | Sec. 4.41. Act repealed on January 1, 2032. The following | 8 | | Act is repealed on January 1, 2032: | 9 | | The Real Estate Appraiser Licensing Act of 2002. | 10 | | Section 10. The Real Estate Appraiser Licensing Act of | 11 | | 2002 is amended by changing Sections 1-10, 5-5, 5-10, 5-15, | 12 | | 5-20, 5-20.5, 5-22, 5-25, 5-30, 5-35, 10-5, 10-10, 15-5, | 13 | | 15-10, 15-15, 15-55, 20-5, 20-10, 25-10, 25-15, 25-16, 25-20, | 14 | | 25-25, and 30-5 and by adding Sections 1-12, 5-26, 15-10.1, | 15 | | 15-11, and 25-35 as follows:
| 16 | | (225 ILCS 458/1-10)
| 17 | | (Section scheduled to be repealed on January 1, 2022)
| 18 | | Sec. 1-10. Definitions. As used in this Act, unless the | 19 | | context
otherwise requires:
| 20 | | "Accredited college or university, junior college, or | 21 | | community college" means a college or university, junior | 22 | | college, or community college that is approved or accredited | 23 | | by the Board of Higher Education, a regional or national |
| | | HB3714 | - 3 - | LRB102 03960 SPS 13976 b |
|
| 1 | | accreditation association, or by an accrediting agency that is | 2 | | recognized by the U.S. Secretary of Education.
| 3 | | "Address of record" means the designated street address , | 4 | | which may not be a post office box, recorded by the Department | 5 | | in the applicant's or licensee's application file or license | 6 | | file as maintained by the Department's licensure maintenance | 7 | | unit. It is the duty of the applicant or licensee to inform the | 8 | | Department of any change of address and those changes must be | 9 | | made either through the Department's website or by contacting | 10 | | the Department. | 11 | | "Applicant" means person who applies to the Department
for | 12 | | a license under this Act.
| 13 | | "Appraisal" means
(noun) the act or process of developing | 14 | | an opinion
of value; an
opinion of value (adjective) of or | 15 | | pertaining to appraising
and related functions, such as | 16 | | appraisal practice or appraisal services. | 17 | | "Appraisal assignment" means a valuation service provided | 18 | | pursuant to as a consequence of an agreement between an | 19 | | appraiser and a client. | 20 | | "Appraisal consulting" means the act or process of | 21 | | developing an analysis, recommendation, or opinion to solve a | 22 | | problem, where an opinion of value is a component of the | 23 | | analysis leading to the assignment results. | 24 | | "Appraisal firm" means an appraisal entity that is 100% | 25 | | owned and controlled by a person or persons licensed in | 26 | | Illinois as a certified general real estate appraiser or a |
| | | HB3714 | - 4 - | LRB102 03960 SPS 13976 b |
|
| 1 | | certified residential real estate appraiser. "Appraisal firm" | 2 | | does not include an appraisal management company. | 3 | | "Appraisal management company" means any corporation, | 4 | | limited liability company, partnership, sole proprietorship, | 5 | | subsidiary, unit, or other business entity that directly or | 6 | | indirectly: (1) provides appraisal management services to | 7 | | creditors or secondary mortgage market participants , including | 8 | | affiliates ; (2) provides appraisal management services in | 9 | | connection with valuing the consumer's principal dwelling as | 10 | | security for a consumer credit transaction (including consumer | 11 | | credit transactions incorporated into securitizations); and | 12 | | (3) within a given year, oversees an appraiser panel of any | 13 | | size of State-certified appraisers in Illinois; and (4) any | 14 | | appraisal management company that, within a given 12-month | 15 | | period year , oversees an appraiser panel of 16 or more | 16 | | State-certified appraisers in Illinois or 25 or more | 17 | | State-certified or State-licensed appraisers in 2 or more | 18 | | jurisdictions shall be subject to the appraisal management | 19 | | company national registry fee in addition to the appraiser | 20 | | panel fee . "Appraisal management company" includes a hybrid | 21 | | entity. | 22 | | "Appraisal practice" means valuation services performed by | 23 | | an individual acting as an appraiser, including, but not | 24 | | limited to, appraisal or , appraisal review , or appraisal | 25 | | consulting .
| 26 | | "Appraisal report" means any communication, written or |
| | | HB3714 | - 5 - | LRB102 03960 SPS 13976 b |
|
| 1 | | oral, of an appraisal or appraisal review that is transmitted | 2 | | to a client upon completion of an assignment.
| 3 | | "Appraisal review" means the act or process of developing | 4 | | and communicating an opinion about the quality of another | 5 | | appraiser's work that was performed as part of an appraisal, | 6 | | appraisal review, or appraisal assignment.
| 7 | | "Appraisal Subcommittee" means the Appraisal Subcommittee | 8 | | of the Federal
Financial Institutions
Examination Council as | 9 | | established by Title XI.
| 10 | | "Appraiser" means a person who performs
real estate or | 11 | | real property
appraisals competently and in a manner that is | 12 | | independent, impartial, and objective . | 13 | | "Appraiser panel" means a network, list, or roster of | 14 | | licensed or certified appraisers approved by the appraisal | 15 | | management company or by the end-user client to perform | 16 | | appraisals as independent contractors for the appraisal | 17 | | management company. "Appraiser panel" includes both appraisers | 18 | | accepted by an appraisal management company for consideration | 19 | | for future appraisal assignments and appraisers engaged by an | 20 | | appraisal management company to perform one or more | 21 | | appraisals. For
the purposes of determining the size of an | 22 | | appraiser panel,
only independent contractors of hybrid | 23 | | entities shall be
counted towards the appraiser panel.
| 24 | | "AQB" means the Appraisal Qualifications Board of the | 25 | | Appraisal Foundation.
| 26 | | "Associate real estate trainee appraiser" means an |
| | | HB3714 | - 6 - | LRB102 03960 SPS 13976 b |
|
| 1 | | entry-level appraiser who holds
a license of this | 2 | | classification under this Act with restrictions as to the | 3 | | scope of practice
in
accordance with this Act.
| 4 | | "Automated valuation model" means an automated system that | 5 | | is used to derive a property value through the use of available | 6 | | property records and various analytic methodologies such as | 7 | | comparable sales prices, home characteristics, and price | 8 | | changes. | 9 | | "Board" means the Real Estate Appraisal Administration and | 10 | | Disciplinary Board.
| 11 | | "Broker price opinion" means an estimate or analysis of | 12 | | the probable selling price of a particular interest in real | 13 | | estate, which may provide a varying level of detail about the | 14 | | property's condition, market, and neighborhood and information | 15 | | on comparable sales. The activities of a real estate broker or | 16 | | managing broker engaging in the ordinary course of business as | 17 | | a broker, as defined in this Section, shall not be considered a | 18 | | broker price opinion if no compensation is paid to the broker | 19 | | or managing broker, other than compensation based upon the | 20 | | sale or rental of real estate. | 21 | | "Classroom hour" means 50 minutes of instruction out of | 22 | | each 60 minute
segment of coursework.
| 23 | | "Client" means the party or parties who engage an | 24 | | appraiser by employment or contract in a specific appraisal | 25 | | assignment.
| 26 | | "Comparative market analysis" is an analysis or opinion |
| | | HB3714 | - 7 - | LRB102 03960 SPS 13976 b |
|
| 1 | | regarding pricing, marketing, or financial aspects relating to | 2 | | a specified interest or interests in real estate that may be | 3 | | based upon an analysis of comparative market data, the | 4 | | expertise of the real estate broker or managing broker, and | 5 | | such other factors as the broker or managing broker may deem | 6 | | appropriate in developing or preparing such analysis or | 7 | | opinion. The activities of a real estate broker or managing | 8 | | broker engaging in the ordinary course of business as a | 9 | | broker, as defined in this Section, shall not be considered a | 10 | | comparative market analysis if no compensation is paid to the | 11 | | broker or managing broker, other than compensation based upon | 12 | | the sale or rental of real estate. | 13 | | "Coordinator" means the Coordinator of Real Estate | 14 | | Appraisal Coordinator created in Section 25-15 of the Division | 15 | | of Professional Regulation of the Department of Financial and | 16 | | Professional Regulation .
| 17 | | "Department" means the Department of Financial and | 18 | | Professional Regulation.
| 19 | | "Email address of record" means the designated email | 20 | | address recorded by the Department in the applicant's | 21 | | application file or the licensee's license file maintained by | 22 | | the Department. | 23 | | "Federal financial institutions regulatory agencies" means | 24 | | the Board of
Governors of the Federal Reserve
System, the | 25 | | Federal Deposit Insurance Corporation, the Office of the
| 26 | | Comptroller of the Currency, the
Consumer Financial Protection |
| | | HB3714 | - 8 - | LRB102 03960 SPS 13976 b |
|
| 1 | | Bureau, and the National Credit Union Administration.
| 2 | | "Federally related transaction" means any real | 3 | | estate-related financial
transaction in which a federal
| 4 | | financial institutions regulatory agency
engages in, contracts | 5 | | for, or
regulates and requires the services
of an appraiser.
| 6 | | "Financial institution" means any bank, savings bank, | 7 | | savings and loan
association, credit union,
mortgage broker, | 8 | | mortgage banker, licensee under the Consumer Installment Loan
| 9 | | Act or the Sales
Finance Agency Act, or a corporate fiduciary, | 10 | | subsidiary, affiliate, parent
company, or holding company
of | 11 | | any such licensee, or any institution involved in real estate | 12 | | financing that
is regulated by state or
federal law.
| 13 | | "Hybrid entity" means an appraisal management company that | 14 | | hires an appraiser as an employee to perform an appraisal and | 15 | | engages an independent contractor to perform an appraisal. | 16 | | "License" means the privilege conferred by the Department | 17 | | to a person that has fulfilled all requirements prerequisite | 18 | | to any type of licensure under this Act. | 19 | | "Licensee" means any person, as defined in this Section, | 20 | | who holds a valid unexpired license. | 21 | | "Multi-state licensing system" means a web-based platform | 22 | | that allows an applicant to submit the his or her application | 23 | | or license renewal application to the Department online. | 24 | | "Person" means an individual, entity, sole proprietorship, | 25 | | corporation, limited liability company, partnership, and joint | 26 | | venture, foreign or domestic, except that when the context |
| | | HB3714 | - 9 - | LRB102 03960 SPS 13976 b |
|
| 1 | | otherwise requires, the term may refer to more than one | 2 | | individual or other described entity. | 3 | | "Real estate" means an identified parcel or tract of land, | 4 | | including any
improvements.
| 5 | | "Real estate related financial transaction" means any | 6 | | transaction involving:
| 7 | | (1) the sale, lease, purchase, investment in, or | 8 | | exchange of real
property,
including interests
in property | 9 | | or the financing thereof;
| 10 | | (2) the refinancing of real property or interests in | 11 | | real property; and
| 12 | | (3) the use of real property or interest in property | 13 | | as security for a
loan or
investment,
including mortgage | 14 | | backed securities.
| 15 | | "Real property" means the interests, benefits, and rights | 16 | | inherent in the
ownership of real estate.
| 17 | | "Secretary" means the Secretary of Financial and | 18 | | Professional Regulation or the Secretary's designee .
| 19 | | "State certified general real estate
appraiser" means an | 20 | | appraiser who holds a
license of this classification under | 21 | | this Act
and such classification applies to
the appraisal of | 22 | | all types of real property without restrictions as to
the | 23 | | scope of practice.
| 24 | | "State certified residential real estate
appraiser" means | 25 | | an appraiser who
holds a
license of this classification
under | 26 | | this Act
and such classification applies to
the appraisal of
|
| | | HB3714 | - 10 - | LRB102 03960 SPS 13976 b |
|
| 1 | | one to 4 units of
residential real property without regard to | 2 | | transaction value or complexity,
but with restrictions as to | 3 | | the
scope of practice
in a federally related transaction in | 4 | | accordance with Title
XI, the provisions of USPAP,
criteria | 5 | | established by the AQB, and further defined by rule.
| 6 | | "Supervising appraiser" means either (i) an appraiser who | 7 | | holds a valid license under this Act as either a State | 8 | | certified general real estate appraiser or a State certified | 9 | | residential real estate appraiser, who co-signs an appraisal | 10 | | report for an associate real estate trainee appraiser or (ii) | 11 | | a State certified general real estate appraiser who holds a | 12 | | valid license under this Act who co-signs an appraisal report | 13 | | for a State certified residential real estate appraiser on | 14 | | properties other than one to 4 units of residential real | 15 | | property without regard to transaction value or complexity.
| 16 | | "Title XI" means Title XI of the federal Financial | 17 | | Institutions Reform,
Recovery and
Enforcement Act of 1989.
| 18 | | "USPAP" means the Uniform Standards of Professional | 19 | | Appraisal Practice as
promulgated by the
Appraisal Standards | 20 | | Board pursuant to Title XI and by rule.
| 21 | | "Valuation services" means services pertaining to aspects | 22 | | of property value. | 23 | | (Source: P.A. 100-604, eff. 7-13-18.)
| 24 | | (225 ILCS 458/1-12 new) | 25 | | Sec. 1-12. Address of record; email address of record. All |
| | | HB3714 | - 11 - | LRB102 03960 SPS 13976 b |
|
| 1 | | applicants and licensees shall: | 2 | | (1) provide a valid address and email address to the | 3 | | Department, which shall serve as the address of record and | 4 | | email address of record, respectively, at the time of | 5 | | application for licensure or renewal of a license; and | 6 | | (2) inform the Department of any change of address of | 7 | | record or email address of record within 14 days after | 8 | | such change through the Department's website.
| 9 | | (225 ILCS 458/5-5)
| 10 | | (Section scheduled to be repealed on January 1, 2022)
| 11 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 12 | | (a) It
is unlawful for a person to (i) act, offer services, | 13 | | or advertise services
as a State certified general real estate
| 14 | | appraiser, State certified residential real estate appraiser, | 15 | | or associate real estate trainee appraiser, (ii)
develop a | 16 | | real estate appraisal,
(iii)
practice as a real estate
| 17 | | appraiser, or (iv)
advertise as or hold himself or herself out | 18 | | to be a real estate
appraiser
without a license issued under | 19 | | this Act. A person who
violates this subsection is
guilty of a | 20 | | Class A misdemeanor for a first offense and a Class 4 felony | 21 | | for any subsequent offense.
| 22 | | (a-5) It is unlawful for a person, unless registered as an | 23 | | appraisal management company, to solicit clients or enter into | 24 | | an appraisal engagement with clients without either a | 25 | | certified residential real estate appraiser license or a |
| | | HB3714 | - 12 - | LRB102 03960 SPS 13976 b |
|
| 1 | | certified general real estate appraiser license issued under | 2 | | this Act. A person who violates this subsection is guilty of a | 3 | | Class A misdemeanor for a first offense and a Class 4 felony | 4 | | for any subsequent offense. | 5 | | (b) It
is unlawful for a person, other than a
person who | 6 | | holds a valid license issued pursuant to this
Act as a State | 7 | | certified general real estate appraiser, a
State
certified
| 8 | | residential real estate appraiser,
or an associate real estate | 9 | | trainee appraiser to use these titles or any other title, | 10 | | designation, or
abbreviation likely to create the
impression | 11 | | that the person is licensed as a real estate appraiser | 12 | | pursuant to
this Act. A person who
violates this subsection is | 13 | | guilty of a Class A misdemeanor for a first offense and a Class | 14 | | 4 felony for any subsequent offense.
| 15 | | (c)
This Act does not apply to a person who holds a valid | 16 | | license as a real estate broker or managing broker pursuant to | 17 | | the Real Estate License Act of 2000 who prepares or provides a | 18 | | broker price opinion or comparative market analysis in | 19 | | compliance with Section 10-45 of the Real Estate License Act | 20 | | of 2000. | 21 | | (d) Nothing in this Act shall preclude a State certified | 22 | | general real estate appraiser, a State certified residential | 23 | | real estate appraiser, or an associate real estate trainee | 24 | | appraiser from rendering appraisals for or on behalf of a | 25 | | partnership, association, corporation, firm, or group. | 26 | | However, no State appraisal license or certification shall be |
| | | HB3714 | - 13 - | LRB102 03960 SPS 13976 b |
|
| 1 | | issued under this Act to a partnership, association, | 2 | | corporation, firm, or group.
| 3 | | (e) This Act does not apply to a county assessor, township | 4 | | assessor, multi-township assessor, county supervisor of | 5 | | assessments, or any deputy or employee of any county assessor, | 6 | | township assessor, multi-township assessor, or county | 7 | | supervisor of assessments in performance of who is performing | 8 | | his or her respective duties in accordance with the provisions | 9 | | of the Property Tax Code.
| 10 | | (e-5) For the purposes of this Act, valuation waivers may | 11 | | be prepared by a licensed appraiser notwithstanding any other | 12 | | provision of this Act, and the following types of valuations | 13 | | are not appraisals and may not be represented to be | 14 | | appraisals, and a license is not required under this Act to
| 15 | | perform such valuations if the valuations are performed by (1) | 16 | | an employee of the Illinois Department of Transportation who | 17 | | has completed a minimum of 45 hours of course work in real | 18 | | estate appraisal, including the principles principals of real | 19 | | estate appraisals, appraisal of partial acquisitions, easement | 20 | | valuation, reviewing appraisals in eminent domain, appraisal | 21 | | for federal aid highway programs, and appraisal review for | 22 | | federal aid highway programs and has at least 2 years' | 23 | | experience in a field closely related to real estate; (2) a | 24 | | county engineer who is a registered professional engineer | 25 | | under the Professional Engineering Practice Act of 1989; (3) | 26 | | an employee of a municipality who has (i) completed a minimum |
| | | HB3714 | - 14 - | LRB102 03960 SPS 13976 b |
|
| 1 | | of 45 hours of coursework in real estate appraisal, including | 2 | | the principles principals of real estate appraisals, appraisal | 3 | | of partial acquisitions, easement valuation, reviewing | 4 | | appraisals in eminent domain, appraisal for federal aid | 5 | | highway programs, and appraisal review for federal aid highway | 6 | | programs and (ii) has either 2 years' experience in a field | 7 | | clearly related to real estate or has completed 20 hours of | 8 | | additional coursework that is sufficient for a person to | 9 | | complete waiver valuations as approved by the Federal Highway | 10 | | Administration; or (4) a municipal engineer who has completed | 11 | | coursework that is sufficient for his or her waiver valuations | 12 | | to be approved by the Federal Highway Administration and who | 13 | | is a registered professional engineer under the Professional | 14 | | Engineering Act of 1989, under the following circumstances: | 15 | | (A) a valuation waiver in an amount not to exceed | 16 | | $20,000 $10,000 prepared pursuant to the federal Uniform | 17 | | Relocation Assistance and Real Property Acquisition | 18 | | Policies Act of 1970, or prepared pursuant to the federal | 19 | | Uniform Relocation Assistance and Real Property | 20 | | Acquisition for Federal and Federally-Assisted Programs | 21 | | regulations and which is performed by (1) an employee of | 22 | | the Illinois Department of Transportation and co-signed, | 23 | | with a license number affixed, by another employee of the | 24 | | Illinois Department of Transportation who is a registered | 25 | | professional engineer under the Professional Engineering | 26 | | Practice Act of 1989 or (2) an employee of a municipality |
| | | HB3714 | - 15 - | LRB102 03960 SPS 13976 b |
|
| 1 | | and co-signed with a license number affixed by a county or | 2 | | municipal engineer who is a registered professional | 3 | | engineer under the Professional Engineering Practice Act | 4 | | of 1989; and | 5 | | (B) a valuation waiver in an amount not to exceed | 6 | | $20,000 $10,000 prepared pursuant to the federal Uniform | 7 | | Relocation Assistance and Real Property Acquisition | 8 | | Policies Act of 1970, or prepared pursuant to the federal | 9 | | Uniform Relocation Assistance and Real Property | 10 | | Acquisition for Federal and Federally-Assisted Programs | 11 | | regulations and which is performed by a county or | 12 | | municipal engineer who is employed by a county or | 13 | | municipality and is a registered professional engineer | 14 | | under the Professional Engineering Practice Act of 1989. | 15 | | The valuation shall include In addition to his or her | 16 | | signature, the county or municipal engineer's signature | 17 | | and engineer shall affix his or her license number to the | 18 | | valuation . | 19 | | Nothing in this subsection (e-5) shall be construed to | 20 | | allow the State of Illinois, a political subdivision thereof, | 21 | | or any public body to acquire real estate by eminent domain in | 22 | | any manner
other than provided for in the Eminent Domain Act. | 23 | | (f) A State real estate appraisal certification or license | 24 | | is not required under this Act for any of the following: (1) A | 25 | | person, partnership, association, or corporation that performs | 26 | | appraisals of property owned by that person, partnership, |
| | | HB3714 | - 16 - | LRB102 03960 SPS 13976 b |
|
| 1 | | association, or corporation for the sole use of that person, | 2 | | partnership, association, or corporation. | 3 | | (2) A court-appointed commissioner who conducts an | 4 | | appraisal pursuant to a judicially ordered evaluation of | 5 | | property. | 6 | | Any However, any person who is certified or licensed under | 7 | | this Act and who performs any of the activities set forth in | 8 | | this subsection (f) must comply with the provisions of this | 9 | | Act. A person who violates this subsection (f) is guilty of a | 10 | | Class A misdemeanor for a first offense and a Class 4 felony | 11 | | for any subsequent offense. | 12 | | (g) This Act does not apply to an employee, officer, | 13 | | director, or member of a credit or loan committee of a | 14 | | financial institution or any other person engaged by a | 15 | | financial institution when performing an evaluation of real | 16 | | property serving as collateral for a loan made by a federally | 17 | | regulated institution for the sole use of the financial | 18 | | institution in a transaction for which the financial | 19 | | institution would not be required to use the services of a | 20 | | State licensed or State certified appraiser pursuant to | 21 | | federal regulations adopted under Title XI of the federal | 22 | | Financial Institutions Reform, Recovery, and Enforcement Act | 23 | | of 1989 , nor does this Act apply to the procurement of an | 24 | | automated valuation model . An evaluation shall be labeled | 25 | | prominently, in body text of the report, "This is not an | 26 | | appraisal." Nothing in this Section shall prevent a State |
| | | HB3714 | - 17 - | LRB102 03960 SPS 13976 b |
|
| 1 | | certified appraiser or an associate real estate trainee | 2 | | appraiser, in any license status, from completing an | 3 | | evaluation. | 4 | | (h) This Act does not apply to the procurement of an | 5 | | automated valuation model. | 6 | | "Automated valuation model" means an automated system that | 7 | | is used to derive a property value through the use of publicly | 8 | | available property records and various analytic methodologies | 9 | | such as comparable sales prices, home characteristics, and | 10 | | historical home price appreciations.
| 11 | | (Source: P.A. 98-444, eff. 8-16-13; 98-933, eff. 1-1-15; | 12 | | 98-1109, eff. 1-1-15; 99-78, eff. 7-20-15.)
| 13 | | (225 ILCS 458/5-10)
| 14 | | (Section scheduled to be repealed on January 1, 2022)
| 15 | | Sec. 5-10. Application for State
certified general real | 16 | | estate appraiser.
| 17 | | (a) Every person who
desires to obtain a State certified | 18 | | general real estate appraiser license
shall:
| 19 | | (1) apply to the Department
on forms provided by the | 20 | | Department, or through a multi-state licensing system as | 21 | | designated by the Secretary,
accompanied by the required | 22 | | fee;
| 23 | | (2) be at least 18 years of age;
| 24 | | (3) (blank);
| 25 | | (4) personally take and pass an examination authorized |
| | | HB3714 | - 18 - | LRB102 03960 SPS 13976 b |
|
| 1 | | by the Department
and endorsed
by the AQB;
| 2 | | (5) prior to taking the examination, provide evidence | 3 | | to the Department, or through a multi-state licensing | 4 | | system as designated by the Secretary, of successful | 5 | | completion of in Modular Course format, with each module | 6 | | conforming to the Required Core Curriculum established and | 7 | | adopted by the AQB,
that he or she
has successfully | 8 | | completed the prerequisite
classroom hours of instruction | 9 | | in appraising as established by the AQB and by
rule ; | 10 | | evidence shall be in a Modular Course format with each | 11 | | module conforming to the Required Core Curriculum | 12 | | established and adopted by the AQB ; and
| 13 | | (6) prior to taking the examination, provide evidence
| 14 | | to the Department, or through a multi-state licensing | 15 | | system as designated by the Secretary, of successful | 16 | | completion of
that he or she has successfully completed | 17 | | the prerequisite
experience and educational requirements | 18 | | in appraising as established by AQB and by rule.
| 19 | | (b) Applicants must provide evidence to the Department, or | 20 | | through a multi-state licensing system as designated by the | 21 | | Secretary, of holding a Bachelor's degree or higher from an | 22 | | accredited college or university. | 23 | | (Source: P.A. 100-604, eff. 7-13-18.)
| 24 | | (225 ILCS 458/5-15)
| 25 | | (Section scheduled to be repealed on January 1, 2022)
|
| | | HB3714 | - 19 - | LRB102 03960 SPS 13976 b |
|
| 1 | | Sec. 5-15. Application for State certified residential | 2 | | real estate
appraiser. Every person who
desires to obtain a | 3 | | State certified residential real estate appraiser license
| 4 | | shall:
| 5 | | (1) apply to the Department
on forms provided by the | 6 | | Department, or through a multi-state licensing system as | 7 | | designated by the Secretary,
accompanied by the required | 8 | | fee;
| 9 | | (2) be at least 18 years of age;
| 10 | | (3) (blank);
| 11 | | (4) personally take and pass an examination authorized | 12 | | by the Department
and endorsed
by
the AQB;
| 13 | | (5) prior to taking the examination, provide evidence
| 14 | | to the Department, or through a multi-state licensing | 15 | | system as designated by the Secretary, of successful | 16 | | completion of in Modular Course format, with each module | 17 | | conforming to the Required Core Curriculum established and | 18 | | adopted by the AQB,
that he or she has successfully | 19 | | completed the prerequisite
classroom hours of instruction | 20 | | in appraising as established by the AQB and by
rule ; | 21 | | evidence shall be in a Modular Course format with each | 22 | | module conforming to the Required Core Curriculum | 23 | | established and adopted by the AQB ; and
| 24 | | (6) prior to taking the examination, provide evidence
| 25 | | to the Department, or through a multi-state licensing | 26 | | system as designated by the Secretary, of successful |
| | | HB3714 | - 20 - | LRB102 03960 SPS 13976 b |
|
| 1 | | completion of
that he or she has successfully completed | 2 | | the prerequisite
experience and educational requirements | 3 | | as established by AQB and by rule.
| 4 | | (Source: P.A. 100-201, eff. 8-18-17; 100-604, eff. 7-13-18.)
| 5 | | (225 ILCS 458/5-20)
| 6 | | (Section scheduled to be repealed on January 1, 2022)
| 7 | | Sec. 5-20. Application for associate real estate trainee
| 8 | | appraiser. Every person who desires to obtain an associate | 9 | | real estate trainee appraiser
license shall:
| 10 | | (1) apply to the Department
on forms provided by the | 11 | | Department, or through a multi-state licensing system as | 12 | | designated by the Secretary,
accompanied by the required
| 13 | | fee;
| 14 | | (2) be at least 18 years of age;
| 15 | | (3) provide evidence of having attained a high school | 16 | | diploma or completed
an
equivalent course of
study as | 17 | | determined by an examination conducted
or accepted
by the | 18 | | Illinois State Board of
Education;
| 19 | | (4) (blank); and
| 20 | | (5) provide evidence
to the Department, or through a | 21 | | multi-state licensing system as designated by the | 22 | | Secretary, of successful completion of
that he or she has | 23 | | successfully
completed
the prerequisite qualifying and any | 24 | | conditional education requirements as established by
rule.
| 25 | | (Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19; |
| | | HB3714 | - 21 - | LRB102 03960 SPS 13976 b |
|
| 1 | | 101-81, eff. 7-12-19.)
| 2 | | (225 ILCS 458/5-20.5)
| 3 | | (Section scheduled to be repealed on January 1, 2022) | 4 | | Sec. 5-20.5. Duration of application. Applicants have 3 | 5 | | years from the date of application to complete the application | 6 | | process. If the process has not been completed within 3 years, | 7 | | the application shall expire be denied , the fee shall be | 8 | | forfeited, and the applicant must reapply and meet the | 9 | | requirements in effect at the time of reapplication.
| 10 | | (Source: P.A. 96-844, eff. 12-23-09 .) | 11 | | (225 ILCS 458/5-22) | 12 | | (Section scheduled to be repealed on January 1, 2022) | 13 | | Sec. 5-22. Criminal history records check. | 14 | | (a) An application Each applicant for licensure by | 15 | | examination or restoration shall include the applicant's have | 16 | | his or her fingerprints submitted to the Department of State | 17 | | Police in an electronic format that complies with the form and | 18 | | manner for requesting and furnishing criminal history record | 19 | | information as prescribed by the Department of State Police. | 20 | | These fingerprints shall be checked against the Department of | 21 | | State Police and Federal Bureau of Investigation criminal | 22 | | history record databases now and hereafter filed. The | 23 | | Department of State Police shall charge applicants a fee for | 24 | | conducting the criminal history records check, which shall be |
| | | HB3714 | - 22 - | LRB102 03960 SPS 13976 b |
|
| 1 | | deposited into the State Police Services Fund and shall not | 2 | | exceed the actual cost of the records check. The Department of | 3 | | State Police shall
furnish, pursuant to positive | 4 | | identification, records of Illinois convictions to the | 5 | | Department. The Department may require applicants to pay a | 6 | | separate fingerprinting fee, either to the Department or to a | 7 | | vendor. The Department may adopt any rules necessary to | 8 | | implement this Section.
| 9 | | (b) The Secretary may designate a multi-state licensing | 10 | | system to perform the functions described in subsection (a). | 11 | | The Department may require applicants to pay a separate | 12 | | fingerprinting fee, either to the Department or to the | 13 | | multi-state licensing system. The Department may adopt any | 14 | | rules necessary to implement this subsection. | 15 | | (c) The Department shall not consider the following | 16 | | criminal history records in connection with an application for | 17 | | licensure or certification: | 18 | | (1) juvenile adjudications of delinquent minors as | 19 | | defined in Section 5-105 of the Juvenile Court Act of 1987 | 20 | | subject to the restrictions set forth in Section 5-130 of | 21 | | that Act; | 22 | | (2) law enforcement records, court records, and | 23 | | conviction records of an individual who was 17 years old | 24 | | at the time of the offense and before January 1, 2014, | 25 | | unless the nature of the offense required the individual | 26 | | to be tried as an adult; |
| | | HB3714 | - 23 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (3) records of arrest not followed by a charge or | 2 | | conviction; | 3 | | (4) records of arrest in which the charges were | 4 | | dismissed unless related to the practice of the | 5 | | profession; however, applicants shall not be asked to | 6 | | report any arrests, and an arrest not followed by a | 7 | | conviction shall not be the basis of a denial and may be | 8 | | used only to assess an applicant's rehabilitation; | 9 | | (5) convictions overturned by a higher court; or | 10 | | (6) convictions or arrests that have been sealed or | 11 | | expunged. | 12 | | (d) If an applicant makes a false statement of material | 13 | | fact on the application, the false statement may in itself be | 14 | | sufficient grounds to revoke or refuse to issue a license or | 15 | | certification. | 16 | | (e) A licensee or certificate holder shall report to the | 17 | | Department, in a manner prescribed by the Department, any plea | 18 | | of guilty or nolo contendere to forgery, embezzlement, | 19 | | obtaining money under false pretenses, larceny, extortion, | 20 | | conspiracy to defraud, or any similar offense or offenses or | 21 | | any conviction of a felony involving moral turpitude that | 22 | | occurs during the licensee's term of licensure or certificate | 23 | | holder's term of certification. | 24 | | (Source: P.A. 100-604, eff. 7-13-18.)
| 25 | | (225 ILCS 458/5-25)
|
| | | HB3714 | - 24 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (Section scheduled to be repealed on January 1, 2022)
| 2 | | Sec. 5-25. Renewal of license.
| 3 | | (a) The expiration date and renewal period
for a State | 4 | | certified general
real estate appraiser license
or a State | 5 | | certified residential
real estate appraiser license issued | 6 | | under
this Act shall be set by rule.
Except as otherwise | 7 | | provided in subsections (b) and (f) of this Section, the
| 8 | | holder of a license may renew
the license within 90 days | 9 | | preceding the expiration date by:
| 10 | | (1) completing and submitting to the Department, or | 11 | | through a multi-state licensing system as designated by | 12 | | the Secretary,
a renewal application form as
provided by
| 13 | | the Department;
| 14 | | (2) paying the required fees; and
| 15 | | (3) providing evidence to the Department, or through a | 16 | | multi-state licensing system as designated by the | 17 | | Secretary, of successful completion of the continuing
| 18 | | education requirements through courses approved by the | 19 | | Department
from
education providers licensed by the | 20 | | Department, as established by the AQB
and by rule.
| 21 | | (b) A State certified general real estate appraiser
or | 22 | | State certified
residential real estate
appraiser whose | 23 | | license under this Act has expired may renew
the license for a | 24 | | period of
2 years following the expiration date by complying | 25 | | with the requirements of
paragraphs (1), (2),
and (3) of | 26 | | subsection (a)
of this Section and paying any late penalties |
| | | HB3714 | - 25 - | LRB102 03960 SPS 13976 b |
|
| 1 | | established by rule.
| 2 | | (c) (Blank).
| 3 | | (d) The expiration date and renewal period for an | 4 | | associate real estate
trainee appraiser license issued under | 5 | | this
Act shall be set by rule. Except as otherwise provided in | 6 | | subsections (e) and
(f) of this Section, the holder
of an | 7 | | associate real estate trainee appraiser license may renew the | 8 | | license within 90
days preceding the expiration date by:
| 9 | | (1) completing and submitting to the Department, or | 10 | | through a multi-state licensing system as designated by | 11 | | the Secretary,
a renewal application form as
provided by | 12 | | the Department;
| 13 | | (2) paying the required fees; and
| 14 | | (3) providing evidence to the Department, or through a | 15 | | multi-state licensing system as designated by the | 16 | | Secretary, of successful completion of the continuing
| 17 | | education requirements through
courses approved by the | 18 | | Department
from education providers approved
by the | 19 | | Department, as established by rule.
| 20 | | (e) Any associate real estate trainee appraiser trainee | 21 | | whose license under this Act has
expired may
renew the license | 22 | | for a period of 2 years following the expiration date
by | 23 | | complying with the requirements of paragraphs
(1), (2), and | 24 | | (3) of subsection (d) of this Section and paying any late
| 25 | | penalties
as established by rule.
| 26 | | (f) Notwithstanding subsections (c) and (e), an
appraiser |
| | | HB3714 | - 26 - | LRB102 03960 SPS 13976 b |
|
| 1 | | whose license
under this Act has expired may renew or convert | 2 | | the license without
paying any lapsed renewal
fees or late | 3 | | penalties if the license expired while the appraiser was:
| 4 | | (1) on active duty with the United States Armed | 5 | | Services;
| 6 | | (2) serving as the Coordinator
of Real Estate | 7 | | Appraisal or an employee of
the Department
who was | 8 | | required to surrender the his or her license during the | 9 | | term of
employment.
| 10 | | Application for renewal must be made within 2 years | 11 | | following
the termination of the military service or related | 12 | | education, training, or
employment and shall include an | 13 | | affidavit from the licensee of engagement . The
licensee shall | 14 | | furnish the Department
with an affidavit that he or she was so | 15 | | engaged.
| 16 | | (g) The Department
shall provide reasonable care and due | 17 | | diligence to ensure that each
licensee under this Act
is | 18 | | provided with a renewal application at least 90 days prior to | 19 | | the expiration
date, but
each licensee is responsible to
| 20 | | timely renewal or conversion of the renew or convert his or her | 21 | | license prior to its expiration date is the responsibility of | 22 | | the licensee . | 23 | | (h) The Department shall not renew a license if the | 24 | | licensee has an unpaid fine from a disciplinary matter or an | 25 | | unpaid fee from a non-disciplinary action imposed by the | 26 | | Department until the fine or fee is paid to the Department or |
| | | HB3714 | - 27 - | LRB102 03960 SPS 13976 b |
|
| 1 | | the licensee has entered into a payment plan and is current on | 2 | | the required payments. | 3 | | (i) The Department shall not issue a license if the | 4 | | applicant has an unpaid fine imposed by the Department for | 5 | | unlicensed practice until the fine is paid to the Department | 6 | | or the applicant has entered into a payment plan and is current | 7 | | on the required payments.
| 8 | | (Source: P.A. 100-604, eff. 7-13-18; 100-832, eff. 1-1-19; | 9 | | 101-81, eff. 7-12-19.)
| 10 | | (225 ILCS 458/5-26 new) | 11 | | Sec. 5-26. Inactive licenses. Any licensee who notifies | 12 | | the Department, in writing on forms prescribed by the | 13 | | Department, may elect to place the license on an inactive | 14 | | status and shall, subject to the rules of the Department, be | 15 | | excused from payment of renewal fees until notification in | 16 | | writing to the Department of the desire to resume active | 17 | | status. Any licensee requesting reinstatement from inactive | 18 | | status shall pay the current renewal fee, provide proof of | 19 | | meeting the continuing education requirements for the period | 20 | | of time the license is inactive (not to exceed 2 renewal | 21 | | periods), and follow the requirements for reinstatement as | 22 | | provided by rule. Any licensee whose license is in an inactive | 23 | | status shall not practice in the State of Illinois. The | 24 | | Department will update the licensee's record in the National | 25 | | Registry to show that the license is inactive.
|
| | | HB3714 | - 28 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (225 ILCS 458/5-30)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 5-30. Endorsement. The Department may issue an | 4 | | appraiser license, without the required examination, to an | 5 | | applicant licensed by another state, territory, possession of | 6 | | the United States, or the District of
Columbia, if (i) the | 7 | | licensing
requirements of that licensing authority are, on the | 8 | | date of licensure, substantially equal to the requirements set | 9 | | forth under this Act or to a person who, at the time of the his | 10 | | or her application, possessed individual qualifications that | 11 | | were substantially equivalent to the requirements of this Act | 12 | | or (ii) the applicant provides the Department
with evidence of | 13 | | good standing from
the Appraisal Subcommittee National | 14 | | Registry
report and a criminal history records check in | 15 | | accordance with Section 5-22. An applicant under this Section | 16 | | shall pay all of the required fees.
| 17 | | (Source: P.A. 98-1109, eff. 1-1-15 .)
| 18 | | (225 ILCS 458/5-35)
| 19 | | (Section scheduled to be repealed on January 1, 2022)
| 20 | | Sec. 5-35. Qualifying education requirements. (a) The | 21 | | prerequisite
classroom hours necessary for a person to be
| 22 | | approved to sit for the examination for licensure as a
State
| 23 | | certified general real
estate
appraiser
or
a State certified | 24 | | residential
real estate appraiser
shall be in accordance with |
| | | HB3714 | - 29 - | LRB102 03960 SPS 13976 b |
|
| 1 | | AQB criteria and established
by rule.
| 2 | | (b) The prerequisite classroom hours necessary for a | 3 | | person
to sit for the examination for licensure as an | 4 | | associate real
estate trainee appraiser shall be established | 5 | | by rule.
| 6 | | (Source: P.A. 98-1109, eff. 1-1-15 .)
| 7 | | (225 ILCS 458/10-5)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 10-5. Scope of practice.
| 10 | | (a) This Act does not limit a
State
certified general real | 11 | | estate appraiser's appraiser
in his or
her scope of practice | 12 | | in
a federally related transaction. A State certified general | 13 | | real estate appraiser
may independently provide
appraisal
| 14 | | services, review, or consult related consulting
relating to | 15 | | any type of property for which there is related he or she has | 16 | | experience or
competency by the appraiser is
competent . All | 17 | | such appraisal
practice must be made in accordance with the | 18 | | provisions of USPAP, criteria
established by the AQB, and | 19 | | rules adopted pursuant to this Act.
| 20 | | (b) A State certified residential real estate appraiser is | 21 | | limited in his or
her scope of practice
to
the provisions of | 22 | | USPAP, criteria established by the AQB, and the
rules adopted | 23 | | pursuant to this Act.
| 24 | | (c) A State certified residential real estate appraiser | 25 | | must have a State certified general real estate appraiser who |
| | | HB3714 | - 30 - | LRB102 03960 SPS 13976 b |
|
| 1 | | holds a valid license under this Act co-sign all appraisal | 2 | | reports on properties other than one to 4 units of residential | 3 | | real property without regard to transaction value or | 4 | | complexity.
| 5 | | (d) An associate real estate trainee appraiser is limited | 6 | | in his or her scope of
practice in all transactions in | 7 | | accordance with the provisions of
USPAP, this
Act, and the | 8 | | rules adopted pursuant to this Act. In addition,
an associate | 9 | | real estate trainee appraiser shall be required to have
a | 10 | | State certified
general real estate
appraiser or State | 11 | | certified residential real estate appraiser who holds a
valid | 12 | | license under this Act
to co-sign all appraisal reports. A | 13 | | supervising appraiser may not supervise more than 3 associate | 14 | | real estate trainee appraisers at one time. Associate real | 15 | | estate trainee appraisers shall not be limited in the number | 16 | | of concurrent supervising appraisers. A chronological | 17 | | appraisal log on an approved log form shall be maintained by | 18 | | the associate real estate trainee appraiser and shall be made | 19 | | available to the Department upon request.
| 20 | | (Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15 .)
| 21 | | (225 ILCS 458/10-10)
| 22 | | (Section scheduled to be repealed on January 1, 2022)
| 23 | | Sec. 10-10. Standards of practice. All persons licensed | 24 | | under this Act
must comply with standards
of professional | 25 | | appraisal practice adopted by the Department. The Department
|
| | | HB3714 | - 31 - | LRB102 03960 SPS 13976 b |
|
| 1 | | must adopt, as part
of
its rules, the Uniform
Standards of | 2 | | Professional Appraisal Practice (USPAP) as published from time | 3 | | to time by
the Appraisal Standards
Board of the Appraisal | 4 | | Foundation. The Department
shall consider federal laws and
| 5 | | regulations regarding the
licensure of real estate appraisers | 6 | | prior to adopting its rules for the
administration of this | 7 | | Act. When an appraisal obtained through an appraisal | 8 | | management company is used for loan purposes, the borrower or | 9 | | loan applicant shall be provided with a written disclosure of | 10 | | the total compensation to the appraiser or appraisal firm | 11 | | within the body certification of the appraisal report and it | 12 | | shall not be redacted or otherwise obscured.
| 13 | | (Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
| 14 | | (225 ILCS 458/15-5)
| 15 | | (Section scheduled to be repealed on January 1, 2022)
| 16 | | Sec. 15-5. Unlicensed practice; civil penalty; injunctive | 17 | | relief; unlawful influence.
| 18 | | (a) A person who violates Section 5-5 of this Act
shall, in | 19 | | addition to any other penalty provided by law, pay a civil | 20 | | penalty
to the Department
in an amount not
to exceed $25,000
| 21 | | for each violation as determined by the Secretary. The
civil | 22 | | penalty shall
be assessed by the Secretary
after a hearing in | 23 | | accordance with the provisions of this Act regarding the | 24 | | provision of a hearing for the discipline of a license.
| 25 | | (b) The Department
has the authority to investigate any |
| | | HB3714 | - 32 - | LRB102 03960 SPS 13976 b |
|
| 1 | | activity that may violate
this Act.
| 2 | | (c) A civil penalty imposed pursuant to subsection (a) | 3 | | shall be paid within
60 days after the effective date
of the | 4 | | order imposing the
civil penalty. The order shall constitute a | 5 | | judgment and may be filed and executed in the same manner as | 6 | | any judgment from any court of record.
Any civil penalty | 7 | | collected under this Act shall be made payable to the | 8 | | Department of Financial and Professional Regulation
and
| 9 | | deposited into the Appraisal Administration Fund. In addition | 10 | | to or in lieu of
the imposition of a civil
penalty, the | 11 | | Department
may report a violation of this Act or the failure or | 12 | | refusal to
comply with an order of the Department
to the | 13 | | Attorney General or to the appropriate State's Attorney.
| 14 | | (d) Practicing as an appraiser without holding an active a | 15 | | valid license as required
under this Act
is declared
to be | 16 | | adverse to the public welfare, to constitute a public | 17 | | nuisance, and to
cause irreparable harm to the
public welfare. | 18 | | The Secretary, the Attorney General, or the State's
Attorney
| 19 | | of any county in the State
may maintain an action for | 20 | | injunctive relief in any circuit court to enjoin any
person | 21 | | from
engaging in such practice.
| 22 | | Upon the filing of a verified petition in a circuit court, | 23 | | the court, if
satisfied by affidavit or otherwise that
a | 24 | | person has been engaged in the practice of real estate | 25 | | appraisal without an active a
valid license,
may enter a | 26 | | temporary restraining order without notice or bond
enjoining |
| | | HB3714 | - 33 - | LRB102 03960 SPS 13976 b |
|
| 1 | | the defendant
from further practice. The showing of | 2 | | non-licensure, by affidavit or
otherwise, is sufficient
for | 3 | | the issuance of a temporary injunction.
If it is established | 4 | | that the defendant has been or is engaged
in unlawful | 5 | | practice, the court
may enter an order or judgment perpetually | 6 | | enjoining the defendant from further
unlawful practice. In all
| 7 | | proceedings under this Section, the court, in its discretion, | 8 | | may apportion the
costs among the parties interested
in the | 9 | | action, including the cost of filing the complaint, service of | 10 | | process,
witness fees and expenses, court
reporter charges, | 11 | | and reasonable attorneys' fees.
These injunction proceedings | 12 | | shall be in addition to, and not in lieu of, all
penalties and | 13 | | other remedies
provided in this Act.
| 14 | | (e) No person shall influence or attempt to influence | 15 | | through coercion, extortion, or bribery the independent | 16 | | judgment of an appraiser licensed or certified under this Act | 17 | | in the development, reporting, result, or review of a real | 18 | | estate appraisal. A person who violates this subsection (e) is | 19 | | guilty of a Class A misdemeanor for the first offense and a | 20 | | Class 4 felony for any subsequent offense.
| 21 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 22 | | (225 ILCS 458/15-10)
| 23 | | (Section scheduled to be repealed on January 1, 2022)
| 24 | | Sec. 15-10. Grounds for disciplinary action.
| 25 | | (a) The Department
may suspend, revoke,
refuse to issue,
|
| | | HB3714 | - 34 - | LRB102 03960 SPS 13976 b |
|
| 1 | | renew, or restore a license and may reprimand place on | 2 | | probation or administrative
supervision,
or take any | 3 | | disciplinary or non-disciplinary action, including
imposing
| 4 | | conditions limiting the scope, nature, or extent of the real | 5 | | estate appraisal
practice of a
licensee or reducing the | 6 | | appraisal rank of a licensee,
and may impose an administrative | 7 | | fine
not to exceed $25,000 for each violation upon a licensee
| 8 | | for any one or combination of the following:
| 9 | | (1) Procuring or attempting to procure a license by | 10 | | knowingly making a
false statement,
submitting false | 11 | | information, engaging in any form of fraud or
| 12 | | misrepresentation,
or refusing
to provide complete | 13 | | information in response to a question in an application | 14 | | for
licensure.
| 15 | | (2) Failing to meet the minimum qualifications for | 16 | | licensure as an
appraiser established by this
Act.
| 17 | | (3) Paying money, other than for the fees provided for | 18 | | by this Act, or
anything of value to a
member or employee | 19 | | of the Board or the Department
to procure
licensure
under | 20 | | this Act.
| 21 | | (4) Conviction by plea of guilty or nolo contendere, | 22 | | finding of guilt, jury verdict, or entry of judgment or by | 23 | | sentencing of any crime, including, but not limited to, | 24 | | convictions, preceding sentences of supervision, | 25 | | conditional discharge, or first offender probation, under | 26 | | the laws of any jurisdiction of the United States: (i) |
| | | HB3714 | - 35 - | LRB102 03960 SPS 13976 b |
|
| 1 | | that is a felony; or (ii) that is a misdemeanor, an | 2 | | essential element of which is dishonesty, or that is | 3 | | directly related to the practice of the profession.
| 4 | | (5) Committing an act or omission involving | 5 | | dishonesty, fraud, or
misrepresentation with the intent to
| 6 | | substantially benefit the licensee or another person or | 7 | | with intent to
substantially injure
another person as | 8 | | defined by rule.
| 9 | | (6) Violating a provision or standard for the | 10 | | development or
communication of real estate
appraisals as | 11 | | provided in Section 10-10 of this Act or as defined by | 12 | | rule.
| 13 | | (7) Failing or refusing without good cause to exercise | 14 | | reasonable
diligence in developing, reporting,
or | 15 | | communicating an appraisal, as defined by this Act or by | 16 | | rule.
| 17 | | (8) Violating a provision of this Act or the rules | 18 | | adopted pursuant to
this Act.
| 19 | | (9) Having been disciplined by another state, the | 20 | | District of Columbia, a
territory, a foreign nation,
a | 21 | | governmental agency, or any other entity authorized to | 22 | | impose discipline if
at least one of
the grounds for that | 23 | | discipline is the same as or the equivalent of one of the
| 24 | | grounds for
which a licensee may be disciplined under this | 25 | | Act.
| 26 | | (10) Engaging in dishonorable, unethical, or |
| | | HB3714 | - 36 - | LRB102 03960 SPS 13976 b |
|
| 1 | | unprofessional conduct of a
character likely to
deceive, | 2 | | defraud, or harm the public.
| 3 | | (11) Accepting an appraisal assignment when the | 4 | | employment
itself is contingent
upon the appraiser | 5 | | reporting a predetermined estimate, analysis, or opinion | 6 | | or
when the fee
to be paid is contingent upon the opinion, | 7 | | conclusion, or valuation reached or
upon the
consequences | 8 | | resulting from the appraisal assignment.
| 9 | | (12) Developing valuation conclusions based on the | 10 | | race, color, religion,
sex, national origin,
ancestry, | 11 | | age, marital status, family status, physical or mental | 12 | | disability, sexual orientation, pregnancy, order of | 13 | | protection status, military status, or
unfavorable
| 14 | | military discharge, as defined under the Illinois Human | 15 | | Rights Act, of the
prospective or
present owners or | 16 | | occupants of the area or property under appraisal.
| 17 | | (13) Violating the confidential nature of government | 18 | | records to which
the licensee gained
access through | 19 | | employment or engagement as an appraiser by a government | 20 | | agency.
| 21 | | (14) Being adjudicated liable in a civil proceeding on | 22 | | grounds of
fraud, misrepresentation, or
deceit. In a | 23 | | disciplinary proceeding based upon a finding of civil | 24 | | liability,
the appraiser shall
be afforded an opportunity | 25 | | to present mitigating and extenuating circumstances,
but | 26 | | may not
collaterally attack the civil adjudication.
|
| | | HB3714 | - 37 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (15) Being adjudicated liable in a civil proceeding | 2 | | for violation of
a state or federal fair
housing law.
| 3 | | (16) Engaging in misleading or untruthful advertising | 4 | | or using a trade
name or insignia of
membership in a real | 5 | | estate appraisal or real estate organization of
which the | 6 | | licensee is
not a member.
| 7 | | (17) Failing to fully cooperate with a Department | 8 | | investigation by knowingly
making a false
statement, | 9 | | submitting false or misleading information, or refusing to | 10 | | provide
complete information in response to written
| 11 | | interrogatories or a written
request for documentation | 12 | | within 30 days of the request.
| 13 | | (18) Failing to include within the certificate of | 14 | | appraisal for all
written appraisal reports the | 15 | | appraiser's license number and licensure title.
All | 16 | | appraisers providing significant contribution to the | 17 | | development and
reporting of an appraisal must be | 18 | | disclosed in the appraisal report. It is a
violation of | 19 | | this Act for an
appraiser to sign a report,
transmittal | 20 | | letter, or appraisal certification knowing that a person | 21 | | providing
a significant
contribution to the report has not | 22 | | been disclosed in the appraisal report.
| 23 | | (19) Violating the terms of a disciplinary order or | 24 | | consent to administrative supervision order. | 25 | | (20) Habitual or excessive use or addiction to | 26 | | alcohol, narcotics, stimulants, or any other chemical |
| | | HB3714 | - 38 - | LRB102 03960 SPS 13976 b |
|
| 1 | | agent or drug that results in a licensee's inability to | 2 | | practice with reasonable judgment, skill, or safety. | 3 | | (21) A physical or mental illness or disability which | 4 | | results in the inability to practice under this Act with | 5 | | reasonable judgment, skill, or safety.
| 6 | | (22) Gross negligence in developing an appraisal or in | 7 | | communicating an appraisal or failing to observe one or | 8 | | more of the Uniform Standards of Professional Appraisal | 9 | | Practice. | 10 | | (23) A pattern of practice or other behavior that | 11 | | demonstrates incapacity or incompetence to practice under | 12 | | this Act. | 13 | | (24) Using or attempting to use the seal, certificate, | 14 | | or license of another as one's his or her own; falsely | 15 | | impersonating any duly licensed appraiser; using or | 16 | | attempting to use an inactive, expired, suspended, or | 17 | | revoked license; or aiding or abetting any of the | 18 | | foregoing. | 19 | | (25) Solicitation of professional services by using | 20 | | false, misleading, or deceptive advertising. | 21 | | (26) Making a material misstatement in furnishing | 22 | | information to the Department. | 23 | | (27) Failure to furnish information to the Department | 24 | | upon written request. | 25 | | (b) The Department
may reprimand suspend, revoke,
or | 26 | | refuse to issue or renew an education provider's
license, may |
| | | HB3714 | - 39 - | LRB102 03960 SPS 13976 b |
|
| 1 | | reprimand, place on probation, or otherwise discipline
an | 2 | | education provider
and may suspend or revoke the course | 3 | | approval of any course offered by
an education provider and | 4 | | may impose an administrative fine
not to exceed $25,000 upon
| 5 | | an education provider,
for any of the following:
| 6 | | (1) Procuring or attempting to procure licensure by | 7 | | knowingly making a
false statement,
submitting false | 8 | | information, engaging in any form of fraud or
| 9 | | misrepresentation, or
refusing to
provide complete | 10 | | information in response to a question in an application | 11 | | for
licensure.
| 12 | | (2) Failing to comply with the covenants certified to | 13 | | on the application
for licensure as an education provider.
| 14 | | (3) Committing an act or omission involving | 15 | | dishonesty, fraud, or
misrepresentation or allowing any | 16 | | such act or omission by
any employee or contractor under | 17 | | the control of the provider.
| 18 | | (4) Engaging in misleading or untruthful advertising.
| 19 | | (5) Failing to retain competent instructors in | 20 | | accordance with rules
adopted
under this Act.
| 21 | | (6) Failing to meet the topic or time requirements for | 22 | | course approval as
the provider of a qualifying
curriculum | 23 | | course or a continuing education course.
| 24 | | (7) Failing to administer an approved course using the | 25 | | course materials,
syllabus, and examinations
submitted as | 26 | | the basis of the course approval.
|
| | | HB3714 | - 40 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (8) Failing to provide an appropriate classroom | 2 | | environment for
presentation of courses, with
| 3 | | consideration for student comfort, acoustics, lighting, | 4 | | seating, workspace, and
visual aid material.
| 5 | | (9) Failing to maintain student records in compliance | 6 | | with the rules
adopted under this Act.
| 7 | | (10) Failing to provide a certificate, transcript, or | 8 | | other student
record to the Department
or to a student
as | 9 | | may be required by rule.
| 10 | | (11) Failing to fully cooperate with an
investigation | 11 | | by the Department by knowingly
making a false
statement, | 12 | | submitting false or misleading information, or refusing to | 13 | | provide
complete information in response to written | 14 | | interrogatories or a written
request for documentation | 15 | | within 30 days of the request.
| 16 | | (c) In appropriate cases, the Department
may resolve a | 17 | | complaint against a licensee
through the issuance of a Consent | 18 | | to Administrative Supervision order.
A licensee subject to a | 19 | | Consent to Administrative Supervision order
shall be | 20 | | considered by the Department
as an active licensee in good | 21 | | standing. This order shall not be reported or
considered by | 22 | | the Department
to be a discipline
of the licensee. The records | 23 | | regarding an investigation and a Consent to
Administrative | 24 | | Supervision order
shall be considered confidential and shall | 25 | | not be released by the Department
except
as mandated by law.
A | 26 | | complainant shall be notified if the his or her complaint has |
| | | HB3714 | - 41 - | LRB102 03960 SPS 13976 b |
|
| 1 | | been resolved
by a Consent to
Administrative Supervision | 2 | | order.
| 3 | | (Source: P.A. 97-602, eff. 8-26-11; 97-877, eff. 8-2-12; | 4 | | 98-1109, eff. 1-1-15 .)
| 5 | | (225 ILCS 458/15-10.1 new) | 6 | | Sec. 15-10.1. Citations. | 7 | | (a) The Department may adopt rules to permit the issuance | 8 | | of citations to any licensee for failure to comply with the | 9 | | continuing education requirements set forth in this Act or as | 10 | | established by rule. The citation shall be issued to the | 11 | | licensee. For associate real estate trainee appraisers, a copy | 12 | | shall also be sent to the licensee's supervising appraiser of | 13 | | record. The citation shall contain the licensee's name, the | 14 | | licensee's address, the licensee's license number, the number | 15 | | of required hours of continuing education that have not been | 16 | | successfully completed by the licensee within the renewal | 17 | | period, and the penalty imposed, which shall not exceed | 18 | | $2,000. The issuance of a citation shall not excuse the | 19 | | licensee from completing all continuing education required for | 20 | | that renewal period. | 21 | | (b) Service of a citation shall be made in person, | 22 | | electronically, or by mail to the licensee at the licensee's | 23 | | address of record or email address of record. Service of a | 24 | | citation must clearly state that if the cited licensee wishes | 25 | | to dispute the citation, the cited licensee may make a written |
| | | HB3714 | - 42 - | LRB102 03960 SPS 13976 b |
|
| 1 | | request, within 30 days after the citation is served, for a | 2 | | hearing before the Department. If the cited licensee does not | 3 | | request a hearing within 30 days after the citation is served, | 4 | | then the citation shall become a final, non-disciplinary | 5 | | order, and any fine imposed is due and payable within 60 days | 6 | | after that final order. If the cited licensee requests a | 7 | | hearing within 30 days after the citation is served, the | 8 | | Department shall afford the cited licensee a hearing conducted | 9 | | in the same manner as a hearing provided for in this Act for | 10 | | any violation of this Act and shall determine whether the | 11 | | cited licensee committed the violation as charged and whether | 12 | | the fine as levied is warranted. If the violation is found, any | 13 | | fine shall constitute non-public discipline and be due and | 14 | | payable within 30 days after the order of the Secretary, which | 15 | | shall constitute a final order of the Department. No change in | 16 | | license status may be made by the Department until a final | 17 | | order of the Department has been issued. | 18 | | (c) Payment of a fine that has been assessed pursuant to | 19 | | this Section shall not constitute disciplinary action | 20 | | reportable on the Department's website or elsewhere unless a | 21 | | licensee has previously received 2 or more citations and been | 22 | | assessed 2 or more fines. | 23 | | (d) Nothing in this Section shall prohibit or limit the | 24 | | Department from taking further action pursuant to this Act and | 25 | | rules for additional, repeated, or continuing violations. |
| | | HB3714 | - 43 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (225 ILCS 458/15-11 new) | 2 | | Sec. 15-11. Illegal discrimination. When there has been | 3 | | an adjudication in a civil or criminal proceeding that a | 4 | | licensee has illegally discriminated while engaged in any | 5 | | activity for which a license is required under this Act, the | 6 | | Department, upon the recommendation of the Board as to the | 7 | | extent of the suspension or revocation, shall suspend or | 8 | | revoke the license of that licensee in a timely manner, unless | 9 | | the adjudication is in the appeal process. When there has been | 10 | | an order in an administrative proceeding finding that a | 11 | | licensee has illegally discriminated while engaged in any | 12 | | activity for which a license is required under this Act, the | 13 | | Department, upon recommendation of the Board as to the nature | 14 | | and extent of the discipline, shall take one or more of the | 15 | | disciplinary actions provided for in Section 15-10 in a timely | 16 | | manner, unless the administrative order is in the appeal | 17 | | process.
| 18 | | (225 ILCS 458/15-15)
| 19 | | (Section scheduled to be repealed on January 1, 2022)
| 20 | | Sec. 15-15. Investigation; notice; hearing.
| 21 | | (a) Upon the motion of the Department
or the Board or
upon | 22 | | a complaint in
writing of a person setting forth facts that, if | 23 | | proven, would constitute
grounds for suspension, revocation,
| 24 | | or other disciplinary action against a licensee or applicant | 25 | | for licensure, the Department
shall investigate the actions of |
| | | HB3714 | - 44 - | LRB102 03960 SPS 13976 b |
|
| 1 | | the licensee or applicant. If, upon investigation, the | 2 | | Department believes that there may be cause for suspension, | 3 | | revocation, or other disciplinary action, the Department shall | 4 | | use the services of a State certified general real estate | 5 | | appraiser, a State certified residential real estate | 6 | | appraiser, or the Real Estate Coordinator to assist in | 7 | | determining whether grounds for disciplinary action exist | 8 | | prior to commencing formal disciplinary proceedings.
| 9 | | (b) Formal disciplinary proceedings shall commence upon | 10 | | the issuance of a
written complaint
describing the charges | 11 | | that are the basis of the disciplinary action and
delivery of | 12 | | the detailed complaint to the address of
record of the | 13 | | licensee or applicant. For an associate real estate trainee | 14 | | appraiser, a copy shall also be sent to the licensee's | 15 | | supervising appraiser of record. The Department
shall notify | 16 | | the licensee or
applicant
to file a verified written
answer | 17 | | within 20 days after the service of the notice and complaint.
| 18 | | The
notification shall inform the licensee or applicant of the | 19 | | his or her
right to be heard in person or by
legal counsel; | 20 | | that the hearing will be afforded not sooner than 20 30 days | 21 | | after
service
of the complaint; that failure to file an answer | 22 | | will result in a default being
entered against the licensee or | 23 | | applicant;
that the license may be suspended, revoked, or | 24 | | placed on
probationary status; and that other
disciplinary | 25 | | action may be taken pursuant to this Act, including limiting | 26 | | the
scope, nature, or extent of the licensee's
practice. If |
| | | HB3714 | - 45 - | LRB102 03960 SPS 13976 b |
|
| 1 | | the licensee or applicant fails to file an answer after | 2 | | service of
notice, the respective his or her license may,
at | 3 | | the discretion of the Department, be suspended,
revoked, or | 4 | | placed on probationary
status and the Department
may take | 5 | | whatever disciplinary
action it deems proper,
including | 6 | | limiting the scope, nature, or extent of the person's | 7 | | practice,
without a hearing.
| 8 | | (c) At the time and place fixed in the notice, the Board | 9 | | shall conduct
hearing of the charges, providing
both the | 10 | | accused person and the complainant ample opportunity to | 11 | | present in
person
or by counsel such statements, testimony, | 12 | | evidence, and argument as may be
pertinent to the charges or
to | 13 | | a defense thereto.
| 14 | | (d) The Board shall present to the Secretary
a written | 15 | | report of its
findings of fact and
recommendations. A copy of | 16 | | the report shall be served upon the licensee or
applicant,
| 17 | | either personally , or by certified
mail , or, at the discretion | 18 | | of the Department, by electronic means . For associate real | 19 | | estate trainee appraisers, a copy shall also be sent to the | 20 | | licensee's supervising appraiser of record. Within 20 days | 21 | | after the service, the licensee or applicant may present
the | 22 | | Secretary
with a motion in writing
for either a rehearing , a | 23 | | proposed finding of fact, a conclusion of law, or an
| 24 | | alternative sanction, and shall
specify the particular grounds | 25 | | for the request. If the accused orders a
transcript of the | 26 | | record
as provided in this Act, the time elapsing thereafter |
| | | HB3714 | - 46 - | LRB102 03960 SPS 13976 b |
|
| 1 | | and before the transcript
is ready for delivery to the
accused | 2 | | shall not be counted as part of the 20 days. If the Secretary
| 3 | | is
not satisfied that
substantial justice has been done, the | 4 | | Secretary
may order a rehearing by
the Board or other
special | 5 | | committee appointed by the Secretary, may remand the matter to | 6 | | the
Board for its
reconsideration of the matter based on the | 7 | | pleadings and evidence presented to
the Board, or may enter
a | 8 | | final order in contravention of the Board's recommendation. | 9 | | Notwithstanding a licensee's or applicant's failure to file a | 10 | | motion for rehearing, the Secretary
shall have the right to | 11 | | take any of
the actions specified in this
subsection (d). Upon | 12 | | the suspension or revocation of a license, the licensee
shall
| 13 | | be required to surrender the respective his
or her license to | 14 | | the Department, and upon failure or refusal to do so, the | 15 | | Department
shall have
the right to seize the
license.
| 16 | | (e) The Department
has the power to issue subpoenas and
| 17 | | subpoenas duces tecum
to bring before it any person in this | 18 | | State, to take testimony, or to require
production of any | 19 | | records
relevant to an inquiry or hearing by the Board in the | 20 | | same manner as prescribed
by law in judicial
proceedings in | 21 | | the courts of this State. In a case of refusal of a witness to
| 22 | | attend, testify, or to produce
books or papers concerning a | 23 | | matter upon which the witness he or she might be lawfully
| 24 | | examined, the circuit court
of the county where the hearing is | 25 | | held, upon application of the Department
or any
party to the | 26 | | proceeding, may compel obedience by proceedings as for |
| | | HB3714 | - 47 - | LRB102 03960 SPS 13976 b |
|
| 1 | | contempt.
| 2 | | (f) Any license that is suspended indefinitely or revoked | 3 | | may not be
restored for a minimum period
of 3 2 years , or as | 4 | | otherwise ordered by the Secretary .
| 5 | | (g) In addition to the provisions of this Section | 6 | | concerning the conduct of
hearings and the
recommendations for | 7 | | discipline, the Department
has the authority to negotiate
| 8 | | disciplinary and non-disciplinary
settlement agreements | 9 | | concerning any license issued under this Act. All such
| 10 | | agreements shall be
recorded as Consent Orders or Consent to | 11 | | Administrative Supervision Orders.
| 12 | | (h) The Secretary
shall have the authority to appoint an | 13 | | attorney duly
licensed to practice law in the
State of | 14 | | Illinois to serve as the hearing officer in any action to | 15 | | suspend,
revoke, or otherwise discipline
any license issued by | 16 | | the Department. The Hearing Officer
shall have full authority
| 17 | | to conduct the hearing.
| 18 | | (i) The Department, at its expense, shall preserve a | 19 | | record of all formal hearings of
any contested case involving
| 20 | | the discipline of a license. At all hearings or pre-hearing | 21 | | conferences, the Department
and the licensee shall be
entitled | 22 | | to have the proceedings transcribed by a certified shorthand | 23 | | reporter.
A copy of the transcribed
proceedings shall be made | 24 | | available to the licensee by the certified shorthand
reporter | 25 | | upon payment of
the prevailing contract copy rate.
| 26 | | (Source: P.A. 100-831, eff. 1-1-19 .)
|
| | | HB3714 | - 48 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (225 ILCS 458/15-55)
| 2 | | (Section scheduled to be repealed on January 1, 2022)
| 3 | | Sec. 15-55. Checks , credit card charges, or orders to | 4 | | Department dishonored because of insufficient funds. Any | 5 | | person who : | 6 | | (1)
delivers a check or other
payment to the | 7 | | Department
that is returned to
the Department unpaid by | 8 | | the financial institution
upon which it was drawn ; or | 9 | | (2) presents a credit card or debit card for payment | 10 | | that is invalid or expired or against which charges by the | 11 | | Department are declined or dishonored;
| 12 | | shall pay to the Department, in addition to the amount already | 13 | | owed to the Department, a fine of
$50. The fines imposed by | 14 | | this Section are in addition to any other discipline provided | 15 | | under this Act for unlicensed practice or practice on a | 16 | | non-renewed license. The Department shall notify the applicant | 17 | | or licensee that payment of fees and fines shall be paid to the | 18 | | Department by certified check or money order within 30 | 19 | | calendar days after the notification.
If, after
the expiration | 20 | | of 30 days from the date of the notification, the person has | 21 | | failed to submit the necessary remittance, the Department | 22 | | shall automatically terminate the license or deny the | 23 | | application, without hearing. After If, after termination or | 24 | | denial, the person seeking seeks a license , he or she must | 25 | | apply to the Department for restoration or issuance of the |
| | | HB3714 | - 49 - | LRB102 03960 SPS 13976 b |
|
| 1 | | license and pay all fees and fines due to the Department. The | 2 | | Department may establish a fee for the processing of an | 3 | | application for restoration of a license to pay all of the | 4 | | expenses of processing the application. The Secretary
may | 5 | | waive
the fines due
under this Section in individual cases | 6 | | where the Secretary
finds that the
penalties or fines would be
| 7 | | unreasonable or unnecessarily burdensome.
| 8 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 9 | | (225 ILCS 458/20-5)
| 10 | | (Section scheduled to be repealed on January 1, 2022)
| 11 | | Sec. 20-5. Education providers.
| 12 | | (a) No person shall operate an education provider entity | 13 | | without possessing an active license issued by the Department. | 14 | | Only Beginning July 1, 2002, only education providers licensed | 15 | | or otherwise approved by the Department
may
provide the | 16 | | qualifying and continuing education courses required for | 17 | | licensure
under this Act. Every person that desires to obtain | 18 | | an education provider license shall make application to the | 19 | | Department in a manner prescribed by the Department and pay | 20 | | the fee prescribed by rule.
| 21 | | (b) A person or entity seeking to be licensed as an | 22 | | education
provider under this Act
shall provide satisfactory | 23 | | evidence of the following:
| 24 | | (1) a sound financial base for establishing, | 25 | | promoting, and delivering the
necessary
courses;
|
| | | HB3714 | - 50 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (2) (blank); a sufficient number of qualified | 2 | | instructors;
| 3 | | (3) (blank); adequate support personnel to assist with | 4 | | administrative matters and
technical
assistance;
| 5 | | (4) (blank); a written policy dealing with procedures | 6 | | for management of grievances
and fee refunds;
| 7 | | (5) a qualified administrator, who is responsible for | 8 | | the
administration of the
education provider, courses, and | 9 | | the actions of the instructors; and
| 10 | | (6) any other requirements as provided by rule ; and .
| 11 | | (7) proof of good standing with the Secretary of State | 12 | | and authority to conduct businesses in this State. | 13 | | (c) All applicants for an education provider's license | 14 | | shall make initial
application to the Department
on forms | 15 | | provided by the Department, or through a multi-state licensing | 16 | | system as designated by the Secretary,
and pay the appropriate | 17 | | fee as
provided by rule. The term, expiration date, and | 18 | | renewal of an education
provider's license shall be | 19 | | established by rule.
| 20 | | (d) An education provider shall provide each successful | 21 | | course participant
with a certificate of
completion signed by | 22 | | the school administrator. The format and content of the
| 23 | | certificate shall be specified by rule.
| 24 | | (e) All education providers shall provide to the | 25 | | Department
a monthly roster of all
successful course
| 26 | | participants as provided by rule.
|
| | | HB3714 | - 51 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (Source: P.A. 100-604, eff. 7-13-18.)
| 2 | | (225 ILCS 458/20-10)
| 3 | | (Section scheduled to be repealed on January 1, 2022)
| 4 | | Sec. 20-10. Course approval.
| 5 | | (a) Only courses offered by licensed education providers | 6 | | and approved
by the Department, courses approved by the AQB, | 7 | | or courses approved by jurisdictions monitored regulated by | 8 | | the Appraisal Subcommittee
shall be used to meet the | 9 | | requirements of this Act and rules.
| 10 | | (b) An education provider licensed under this Act may | 11 | | submit courses to the Department, or through a multi-state | 12 | | licensing system as designated by the Secretary,
for approval.
| 13 | | The criteria, requirements, and fees for courses shall be | 14 | | established
by rule in accordance with
this Act and the | 15 | | criteria established by the AQB.
| 16 | | (c) For each course approved, the Department
shall issue a | 17 | | license to the education
provider. The term, expiration date, | 18 | | and renewal of a course approval shall
be
established by rule.
| 19 | | (d) An education provider must use an instructor for each | 20 | | course approved by the Department who (i) holds a valid real | 21 | | estate appraisal license in good standing as a State certified | 22 | | general real estate appraiser or a State certified residential | 23 | | real estate appraiser in Illinois or any other jurisdiction | 24 | | monitored by the Appraisal Subcommittee, (ii) holds a valid | 25 | | teaching certificate issued by the State of Illinois, or (iii) |
| | | HB3714 | - 52 - | LRB102 03960 SPS 13976 b |
|
| 1 | | is a faculty member in good standing with an accredited | 2 | | college or university or community college , or (iv) is an | 3 | | approved appraisal instructor from an appraisal organization | 4 | | that is a member of the Appraisal Foundation . An education | 5 | | provider must satisfy any requirements as established by rule. | 6 | | (Source: P.A. 100-604, eff. 7-13-18.)
| 7 | | (225 ILCS 458/25-10)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 25-10. Real Estate Appraisal Administration and | 10 | | Disciplinary Board; appointment.
| 11 | | (a) There is hereby created the Real Estate Appraisal | 12 | | Administration and Disciplinary Board. The Board
shall be | 13 | | composed of 10 persons appointed by the Governor, plus the | 14 | | Coordinator
of
the Real Estate Appraisal Division . Members | 15 | | shall be appointed to the Board
subject to the following | 16 | | conditions:
| 17 | | (1) All appointed members shall have been residents | 18 | | and citizens of this
State for
at least 5 years prior
to | 19 | | the date of appointment.
| 20 | | (2) The appointed membership of the Board should | 21 | | reasonably reflect the
geographic
distribution of the
| 22 | | population of the State.
| 23 | | (3) Four appointed members shall have been actively | 24 | | engaged and currently
licensed as
State
certified general | 25 | | real estate appraisers for a period of not less than 5
|
| | | HB3714 | - 53 - | LRB102 03960 SPS 13976 b |
|
| 1 | | years.
| 2 | | (4)
Two appointed members shall have been actively | 3 | | engaged and currently
licensed as
State
certified | 4 | | residential real estate appraisers for a period of
not | 5 | | less than 5 years.
| 6 | | (5)
Two appointed members shall hold a valid license | 7 | | as a
real estate
broker or managing broker for at least 3 | 8 | | 10 years prior to the date of the appointment, one of whom
| 9 | | shall hold a valid
State certified general real estate | 10 | | appraiser license issued under this Act or a predecessor | 11 | | Act for a period of at
least 5 years prior to the | 12 | | appointment and one of whom shall hold a valid State | 13 | | certified residential real estate appraiser license issued | 14 | | under this Act or a predecessor Act for a period of at
| 15 | | least 5 years prior to the appointment.
| 16 | | (6) One appointed member shall be a representative of | 17 | | a financial
institution, as evidenced by proof of his or | 18 | | her employment with a financial
institution.
| 19 | | (7) One appointed member shall represent the interests | 20 | | of the general
public. This member or the member's his or | 21 | | her spouse shall not be licensed under this Act
nor be | 22 | | employed by or have any financial interest in an appraisal | 23 | | business, appraisal management company, real estate
| 24 | | brokerage business, or a financial institution.
| 25 | | In making appointments as
provided in paragraphs (3) and | 26 | | (4) of this subsection, the Governor shall
give due |
| | | HB3714 | - 54 - | LRB102 03960 SPS 13976 b |
|
| 1 | | consideration to recommendations by members and organizations
| 2 | | representing the profession.
| 3 | | In making the appointments as
provided in paragraph (5) of | 4 | | this subsection, the Governor shall give
due consideration to | 5 | | the recommendations by members and organizations
representing | 6 | | the real estate industry.
| 7 | | In making the appointment as provided
in paragraph (6) of | 8 | | this subsection, the Governor
shall give due consideration to | 9 | | the recommendations by members and
organizations representing | 10 | | financial institutions.
| 11 | | (b) The members' terms shall be for 4 years or until a | 12 | | successor is appointed and expire upon completion of the term . | 13 | | No member shall be reappointed to the Board for a term that | 14 | | would cause the member's his or her cumulative service to the | 15 | | Board to exceed 10 years. Appointments to fill vacancies shall | 16 | | be for the unexpired portion of the term.
| 17 | | (c) The Governor may terminate the appointment of a member | 18 | | for cause that,
in
the opinion of the Governor, reasonably | 19 | | justifies the termination. Cause for
termination may include, | 20 | | without limitation, misconduct, incapacity, neglect of
duty, | 21 | | or missing 4 Board meetings during any one fiscal calendar | 22 | | year.
| 23 | | (d) A majority of the Board members shall constitute a
| 24 | | quorum. A vacancy in the membership of the Board shall not | 25 | | impair the right of
a quorum to exercise all of the rights and | 26 | | perform all of the duties of the
Board.
|
| | | HB3714 | - 55 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (e) The Board shall meet at least monthly quarterly and | 2 | | may be convened
by the Chairperson, Vice-Chairperson, or 3 | 3 | | members of the Board upon 10 days
written notice.
| 4 | | (f) The Board shall, annually at the first meeting of the | 5 | | fiscal year,
elect a Chairperson and Vice-Chairperson from its
| 6 | | members. The Chairperson shall preside over the meetings and | 7 | | shall coordinate
with the Coordinator
in developing and | 8 | | distributing an agenda for each meeting. In the absence of
the | 9 | | Chairperson, the Vice-Chairperson shall preside over the | 10 | | meeting.
| 11 | | (g) The Coordinator
of the Real Estate Appraisal Division | 12 | | shall serve as
a member of the Board without vote.
| 13 | | (h) The Board shall advise and make recommendations to
the | 14 | | Department
on the education and experience qualifications of | 15 | | any applicant for initial licensure as a State certified | 16 | | general real estate appraiser or a State certified residential | 17 | | real estate appraiser. The Department shall not make any | 18 | | decisions concerning education or experience qualifications of | 19 | | an applicant for initial licensure as a State certified | 20 | | general real estate appraiser or a State certified residential | 21 | | real estate appraiser without having first received the advice | 22 | | and recommendation of the Board and
shall give due | 23 | | consideration to all
such advice and recommendations; however, | 24 | | if the Board does not render advice or make a recommendation | 25 | | within a reasonable amount of time, then the Department may | 26 | | render a decision.
|
| | | HB3714 | - 56 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (i) Except as provided in Section 15-17 of this Act, the
| 2 | | Board shall hear and make recommendations to the
Secretary
on
| 3 | | disciplinary matters
that require a formal evidentiary | 4 | | hearing. The Secretary
shall give due
consideration to the
| 5 | | recommendations of the Board involving discipline and | 6 | | questions involving
standards of professional
conduct of | 7 | | licensees.
| 8 | | (j) The Department shall seek and the Board shall provide
| 9 | | recommendations to the Department
consistent with the
| 10 | | provisions
of this Act and for the administration and | 11 | | enforcement of all
rules adopted
pursuant to this Act. The | 12 | | Department
shall give due consideration to
such
| 13 | | recommendations
prior to adopting rules.
| 14 | | (k) The Department shall seek and the Board shall provide
| 15 | | recommendations to the Department
on the approval of all | 16 | | courses
submitted to the Department
pursuant to this Act and | 17 | | the rules adopted pursuant to this Act. The Department shall | 18 | | not approve any courses without having first received the | 19 | | recommendation of the Board and
shall
give due consideration | 20 | | to such
recommendations
prior to approving and licensing | 21 | | courses; however, if the Board does not make a recommendation | 22 | | within a reasonable amount of time, then the Department may | 23 | | approve courses.
| 24 | | (l) Each voting member of the Board shall receive a per | 25 | | diem stipend in an
amount
to be determined by the Secretary. | 26 | | While engaged in the performance of duties, each Each member |
| | | HB3714 | - 57 - | LRB102 03960 SPS 13976 b |
|
| 1 | | shall be paid the his or her necessary expenses while
engaged | 2 | | in the
performance of his or her duties .
| 3 | | (m) Members of the Board shall be immune from suit in an | 4 | | action based upon
any disciplinary
proceedings or other acts | 5 | | performed in good faith as members of the Board.
| 6 | | (n) If the Department disagrees with any advice or | 7 | | recommendation provided by the Board under this Section to the | 8 | | Secretary or the Department, then notice of such disagreement | 9 | | must be provided to the Board by the Department.
| 10 | | (o) (Blank). Upon resolution adopted at any Board meeting, | 11 | | the exercise of any Board function, power, or duty enumerated | 12 | | in this Section or in subsection (d) of Section 15-10 of this | 13 | | Act may be suspended. The exercise of any suspended function, | 14 | | power, or duty of the Board may be reinstated by a resolution | 15 | | adopted at a subsequent Board meeting. Any resolution adopted | 16 | | pursuant to this Section shall take effect immediately.
| 17 | | (Source: P.A. 100-886, eff. 8-14-18.)
| 18 | | (225 ILCS 458/25-15)
| 19 | | (Section scheduled to be repealed on January 1, 2022)
| 20 | | Sec. 25-15. Coordinator
of Real Estate Appraisal | 21 | | Coordinator ; appointment;
duties. The Secretary shall appoint , | 22 | | subject to the Personnel Code, a Coordinator of Real Estate | 23 | | Appraisal . In appointing the Coordinator, the Secretary shall | 24 | | give due consideration to recommendations made by members, | 25 | | organizations, and associations of the real estate appraisal |
| | | HB3714 | - 58 - | LRB102 03960 SPS 13976 b |
|
| 1 | | industry. The On or after January 1, 2010, the Coordinator | 2 | | must hold a current, valid State certified general real estate | 3 | | appraiser license for a period of at least 5 years prior to | 4 | | appointment . The Coordinator shall not practice during the | 5 | | term of the his or her appointment. The Coordinator must take | 6 | | the 30-hour National Instructors Course on Uniform Standards | 7 | | of Professional Appraisal Practice. The Coordinator shall be | 8 | | credited with all fees that came due during the Coordinator's | 9 | | his or her employment.
The Coordinator
shall:
| 10 | | (1) serve as a member of the Real Estate Appraisal | 11 | | Administration and Disciplinary Board without vote;
| 12 | | (2) be the direct liaison between the Department, the | 13 | | profession, and the real
estate appraisal industry
| 14 | | organizations and associations;
| 15 | | (3) prepare and circulate to licensees such | 16 | | educational and informational
material as the Department
| 17 | | deems necessary for providing guidance or assistance to | 18 | | licensees;
| 19 | | (4) appoint necessary committees to assist in the | 20 | | performance of the
functions and duties
of the Department
| 21 | | under this Act;
| 22 | | (5) (blank); and | 23 | | (6) be authorized to investigate and determine the | 24 | | facts of a complaint; the coordinator may interview | 25 | | witnesses, the complainant, and any licensees involved in | 26 | | the alleged matter and make a recommendation as to the |
| | | HB3714 | - 59 - | LRB102 03960 SPS 13976 b |
|
| 1 | | findings of fact.
| 2 | | (Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15 .)
| 3 | | (225 ILCS 458/25-16) | 4 | | (Section scheduled to be repealed on January 1, 2022) | 5 | | Sec. 25-16. Staff. The Department shall employ a minimum | 6 | | of one investigator with an active certified appraiser license | 7 | | per 2,000 licensees in order to have sufficient staff to | 8 | | perform the Department's obligations under this Act.
| 9 | | (Source: P.A. 100-832, eff. 1-1-19 .)
| 10 | | (225 ILCS 458/25-20)
| 11 | | (Section scheduled to be repealed on January 1, 2022)
| 12 | | Sec. 25-20. Department; powers and duties. The Department | 13 | | of Financial and Professional Regulation
shall exercise the | 14 | | powers and duties prescribed by the Civil Administrative
Code | 15 | | of Illinois for the administration of licensing Acts and shall | 16 | | exercise
such other powers and duties as are prescribed by | 17 | | this Act for the
administration of this Act. The Department
| 18 | | may contract with third parties for services
necessary for the | 19 | | proper
administration of this Act, including without | 20 | | limitation, investigators with
the proper knowledge, training,
| 21 | | and skills to properly investigate complaints against real | 22 | | estate appraisers.
| 23 | | The Department
shall maintain and update a registry of the | 24 | | names and addresses of
all licensees and a listing of |
| | | HB3714 | - 60 - | LRB102 03960 SPS 13976 b |
|
| 1 | | disciplinary orders issued pursuant to this Act
and shall | 2 | | transmit the registry, along with any national registry fees | 3 | | that may
be required, to the entity specified by, and in a | 4 | | manner consistent with, Title
XI of the federal Financial | 5 | | Institutions Reform, Recovery and Enforcement Act
of 1989.
| 6 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 7 | | (225 ILCS 458/25-25)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 25-25. Rules. The Department, after notifying and | 10 | | considering any recommendations of the
Board, if any, shall | 11 | | adopt rules that may be necessary for
administration, | 12 | | implementation, and enforcement of the Act.
| 13 | | (Source: P.A. 96-844, eff. 12-23-09 .)
| 14 | | (225 ILCS 458/25-35 new) | 15 | | Sec. 25-35. No private right of action. Except as | 16 | | otherwise expressly provided for in this Act, nothing in this | 17 | | Act shall be construed to grant to any person a private right | 18 | | of action for damages or to enforce the provisions of this Act | 19 | | or the rules adopted under this Act.
| 20 | | (225 ILCS 458/30-5)
| 21 | | (Section scheduled to be repealed on January 1, 2022)
| 22 | | Sec. 30-5. Savings provisions.
| 23 | | (a) This Act is intended to replace the Real Estate |
| | | HB3714 | - 61 - | LRB102 03960 SPS 13976 b |
|
| 1 | | Appraiser Licensing Act
in all respects.
| 2 | | (b) Beginning July 1, 2002, the rights, powers, and duties | 3 | | exercised by
the
Office of Banks and Real
Estate under the Real | 4 | | Estate Appraiser Licensing Act shall continue to be
vested in, | 5 | | to be the obligation of,
and to be exercised by the Division of | 6 | | Real Estate of the Department of Financial and Professional | 7 | | Regulation Office of Banks and Real Estate under the | 8 | | provisions
of this Act.
| 9 | | (c) This Act does not affect any act done, ratified, or | 10 | | cancelled, any
right occurring or established,
or any action | 11 | | or proceeding commenced in an administrative, civil, or | 12 | | criminal
cause before July
1, 2002 by the Office of Banks and | 13 | | Real Estate under the Real Estate Appraiser
Licensing Act. | 14 | | Those
actions or proceedings may be prosecuted and continued | 15 | | by the Division of Real Estate of the Department of Financial | 16 | | and Professional Regulation Office of Banks
and Real Estate | 17 | | under
this Act.
| 18 | | (d) This Act does not affect any license, certificate, | 19 | | permit, or other form
of licensure
issued by the Office of | 20 | | Banks and Real Estate under the Real Estate Appraiser
| 21 | | Licensing Act, except as provided is subsection (c) of Section | 22 | | 5-25. All such
licenses, certificates, permits, or other form | 23 | | of licensure
shall continue to be valid under
the terms and | 24 | | conditions of this Act.
| 25 | | (e) The rules adopted by the Office of Banks and Real | 26 | | Estate relating to the
Real Estate Appraiser
Licensing Act, |
| | | HB3714 | - 62 - | LRB102 03960 SPS 13976 b |
|
| 1 | | unless inconsistent with the provisions of this Act, are not
| 2 | | affected by this Act, and on
July 1, 2002, those rules become | 3 | | rules under this Act. The Office of Banks
and
Real Estate | 4 | | shall, as soon
as practicable, adopt new or amended rules | 5 | | consistent with the provisions of
this Act.
| 6 | | (f) This Act does not affect any discipline, suspension, | 7 | | or termination
that has occurred under the
Real Estate | 8 | | Appraiser Licensing Act or other predecessor Act. Any action | 9 | | for
discipline, suspension, or
termination instituted under | 10 | | the Real Estate Appraiser Licensing Act shall be
continued | 11 | | under this Act.
| 12 | | (Source: P.A. 92-180, eff. 7-1-02 .)
| 13 | | (225 ILCS 458/10-17 rep.)
| 14 | | (225 ILCS 458/30-10 rep.)
| 15 | | Section 15. The Real Estate Appraiser Licensing Act of | 16 | | 2002 is amended by repealing Sections 10-17 and 30-10. | 17 | | Section 20. The Appraisal Management Company Registration | 18 | | Act is amended by changing Sections 10 and 15 as follows: | 19 | | (225 ILCS 459/10)
| 20 | | Sec. 10. Definitions. In this Act: | 21 | | "Address of record" means the principal address recorded | 22 | | by the Department in the applicant's or registrant's | 23 | | application file or registration file maintained by the |
| | | HB3714 | - 63 - | LRB102 03960 SPS 13976 b |
|
| 1 | | Department's registration maintenance unit. | 2 | | "Applicant" means a person or entity who applies to the | 3 | | Department for a registration under this Act. | 4 | | "Appraisal" means (noun) the act or process of developing | 5 | | an opinion of value; an opinion of value (adjective) of or | 6 | | pertaining to appraising and related functions. | 7 | | "Appraisal firm" means an appraisal entity that is 100% | 8 | | owned and controlled by a person or persons licensed in | 9 | | Illinois as a certified general real estate appraiser or a | 10 | | certified residential real estate appraiser. An appraisal firm | 11 | | does not include an appraisal management company. | 12 | | "Appraisal management company" means any corporation, | 13 | | limited liability company, partnership, sole proprietorship, | 14 | | subsidiary, unit, or other business entity that directly or | 15 | | indirectly: (1) provides appraisal management services to | 16 | | creditors or secondary mortgage market participants , including | 17 | | affiliates ; (2) provides appraisal management services in | 18 | | connection with valuing the consumer's principal dwelling as | 19 | | security for a consumer credit transaction (including consumer | 20 | | credit transactions incorporated into securitizations); and | 21 | | (3) within a given year, oversees an appraiser panel of any | 22 | | size of State-certified appraisers in Illinois; and (4) any | 23 | | appraisal management company that, within a given 12-month | 24 | | period year , oversees an appraiser panel of 16 or more | 25 | | State-certified appraisers in Illinois or 25 or more | 26 | | State-certified or State-licensed appraisers in 2 or more |
| | | HB3714 | - 64 - | LRB102 03960 SPS 13976 b |
|
| 1 | | jurisdictions shall be subject to the appraisal management | 2 | | company national registry fee in addition to the appraiser | 3 | | panel fee . "Appraisal management company" includes a hybrid | 4 | | entity. | 5 | | "Appraisal management company national registry fee" means | 6 | | the fee implemented pursuant to Title XI of the federal | 7 | | Financial Institutions Reform, Recovery and Enforcement Act of | 8 | | 1989 for an appraiser management company's national registry. | 9 | | "Appraisal management services" means one or more of the | 10 | | following: | 11 | | (1) recruiting, selecting, and retaining appraisers; | 12 | | (2) contracting with State-certified or State-licensed | 13 | | appraisers to perform appraisal assignments; | 14 | | (3) managing the process of having an appraisal | 15 | | performed, including providing administrative services | 16 | | such as receiving appraisal orders and appraisal reports; | 17 | | submitting completed appraisal reports to creditors and | 18 | | secondary market participants; collecting compensation | 19 | | from creditors, underwriters, or secondary market | 20 | | participants for services provided; or paying appraisers | 21 | | for services performed; or | 22 | | (4) reviewing and verifying the work of appraisers. | 23 | | "Appraiser panel" means a network, list, or roster of | 24 | | licensed or certified appraisers approved by the appraisal | 25 | | management company or by the end-user client to perform | 26 | | appraisals as independent contractors for the appraisal |
| | | HB3714 | - 65 - | LRB102 03960 SPS 13976 b |
|
| 1 | | management company. "Appraiser panel" includes both appraisers | 2 | | accepted by an appraisal management company for consideration | 3 | | for future appraisal assignments and appraisers engaged by an | 4 | | appraisal management company to perform one or more | 5 | | appraisals. For the purposes of determining the size of an | 6 | | appraiser panel, only independent contractors of hybrid | 7 | | entities shall be counted towards the appraiser panel. | 8 | | "Appraiser panel fee" means the amount collected from a | 9 | | registrant that, where applicable, includes an appraisal | 10 | | management company's national registry fee. | 11 | | "Appraisal report" means a written appraisal by an | 12 | | appraiser to a client. | 13 | | "Appraisal practice service" means valuation services | 14 | | performed by an individual acting as an appraiser, including, | 15 | | but not limited to, appraisal or appraisal review. | 16 | | "Appraisal subcommittee" means the appraisal subcommittee | 17 | | of the Federal Financial Institutions Examination Council as | 18 | | established by Title XI. | 19 | | "Appraiser" means a person who performs real estate or | 20 | | real property appraisals. | 21 | | "Assignment result" means an appraiser's opinions and | 22 | | conclusions developed specific to an assignment. | 23 | | "Audit" includes, but is not limited to, an annual or | 24 | | special audit, visit, or review necessary under this Act or | 25 | | required by the Secretary or the Secretary's authorized | 26 | | representative in carrying out the duties and responsibilities |
| | | HB3714 | - 66 - | LRB102 03960 SPS 13976 b |
|
| 1 | | under this Act. | 2 | | "Client" means the party or parties who engage an | 3 | | appraiser by employment or contract in a specific appraisal | 4 | | assignment. | 5 | | "Controlling Person" means: | 6 | | (1) an owner, officer, or director of an entity | 7 | | seeking to offer appraisal management services; | 8 | | (2) an individual employed, appointed, or authorized | 9 | | by an appraisal management company who has the authority | 10 | | to: | 11 | | (A) enter into a contractual relationship with a | 12 | | client for the performance of an appraisal management | 13 | | service or appraisal practice service; and | 14 | | (B) enter into an agreement with an appraiser for | 15 | | the performance of a real estate appraisal activity; | 16 | | (3) an individual who possesses, directly or | 17 | | indirectly, the power to direct or cause the
direction of | 18 | | the management or policies of an appraisal management | 19 | | company; or
| 20 | | (4) an individual who will act as the sole compliance | 21 | | officer with regard to this Act and any rules adopted | 22 | | under this Act. | 23 | | "Coordinator" means the Coordinator of the Appraisal | 24 | | Management Company Registration Unit of the Department or his | 25 | | or her designee. | 26 | | "Covered transaction" means a consumer credit transaction |
| | | HB3714 | - 67 - | LRB102 03960 SPS 13976 b |
|
| 1 | | secured by a consumer's principal dwelling. | 2 | | "Department" means the Department of Financial and | 3 | | Professional Regulation. | 4 | | "Email address of record" means the designated email | 5 | | address recorded by the Department in the applicant's | 6 | | application file or the registrant's registration file | 7 | | maintained by the Department's registration maintenance unit. | 8 | | "Entity" means a corporation, a limited liability company, | 9 | | partnership, a sole proprietorship, or other entity providing | 10 | | services or holding itself out to provide services as an | 11 | | appraisal management company or an appraisal management | 12 | | service. | 13 | | "End-user client" means any person who utilizes or engages | 14 | | the services of an appraiser through an appraisal management | 15 | | company. | 16 | | "Federally regulated appraisal management company" means | 17 | | an appraisal management company that is owned and controlled | 18 | | by an insured depository institution, as defined in 12 U.S.C. | 19 | | 1813, or an insured credit union, as defined in 12 U.S.C. 1752, | 20 | | and regulated by the Office of the Comptroller of the | 21 | | Currency, the Federal Reserve Board, the National Credit Union | 22 | | Association, or the Federal Deposit Insurance Corporation. | 23 | | "Financial institution" means any bank, savings bank, | 24 | | savings and loan association, credit union, mortgage broker, | 25 | | mortgage banker, registrant under the Consumer Installment | 26 | | Loan Act or the Sales Finance Agency Act, or a corporate |
| | | HB3714 | - 68 - | LRB102 03960 SPS 13976 b |
|
| 1 | | fiduciary, subsidiary, affiliate, parent company, or holding | 2 | | company of any registrant, or any institution involved in real | 3 | | estate financing that is regulated by State or federal law. | 4 | | "Foreign appraisal management company" means any appraisal | 5 | | management company organized under the laws of any other state | 6 | | of the United States, the District of Columbia, or any other | 7 | | jurisdiction of the United States. | 8 | | "Hybrid entity" means an appraisal management company that | 9 | | hires an appraiser as an employee to perform an appraisal and | 10 | | engages an independent contractor to perform an appraisal. | 11 | | "Multi-state licensing system" means a web-based platform | 12 | | that allows an applicant to submit the his or her application | 13 | | or registration renewal to the Department online. | 14 | | "Person" means individuals, entities, sole | 15 | | proprietorships, corporations, limited liability companies, | 16 | | and alien, foreign, or domestic partnerships, except that when | 17 | | the context otherwise requires, the term may refer to a single | 18 | | individual or other described entity.
| 19 | | "Principal dwelling" means a residential structure that | 20 | | contains one to 4 units, whether or not that structure is | 21 | | attached to real property. "Principal dwelling" includes an | 22 | | individual condominium unit, cooperative unit, manufactured | 23 | | home, mobile home, and trailer, if it is used as a residence. | 24 | | "Principal office" means the actual, physical business | 25 | | address, which shall not be a post office box or a virtual | 26 | | business address, of a registrant, at which (i) the Department |
| | | HB3714 | - 69 - | LRB102 03960 SPS 13976 b |
|
| 1 | | may contact the registrant and (ii) records required under | 2 | | this Act are maintained. | 3 | | "Qualified to transact business in this State" means being | 4 | | in compliance with the requirements of the Business | 5 | | Corporation Act of 1983. | 6 | | "Quality control review" means a review of an appraisal | 7 | | report for compliance and completeness, including grammatical, | 8 | | typographical, or other similar errors, unrelated to | 9 | | developing an opinion of value. | 10 | | "Real estate" means an identified parcel or tract of land, | 11 | | including any improvements. | 12 | | "Real estate related financial transaction" means any | 13 | | transaction involving: | 14 | | (1) the sale, lease, purchase, investment in, or | 15 | | exchange of real property,
including interests in property | 16 | | or the financing thereof; | 17 | | (2) the refinancing of real property or interests in | 18 | | real property; and | 19 | | (3) the use of real property or interest in property | 20 | | as security for a loan or
investment, including mortgage | 21 | | backed securities. | 22 | | "Real property" means the interests, benefits, and rights | 23 | | inherent in the ownership of real estate. | 24 | | "Secretary" means the Secretary of Financial and | 25 | | Professional Regulation. | 26 | | "USPAP" means the Uniform Standards of Professional |
| | | HB3714 | - 70 - | LRB102 03960 SPS 13976 b |
|
| 1 | | Appraisal Practice as adopted by the Appraisal Standards Board | 2 | | under Title XI. | 3 | | "Valuation" means any estimate of the value of real | 4 | | property in connection with a creditor's decision to provide | 5 | | credit, including those values developed under a policy of a | 6 | | government sponsored enterprise or by an automated valuation | 7 | | model or other methodology or mechanism.
| 8 | | "Written notice" means a communication transmitted by mail | 9 | | or by electronic means that can be verified between an | 10 | | appraisal management company and a licensed or certified real | 11 | | estate appraiser. | 12 | | (Source: P.A. 100-604, eff. 7-13-18.) | 13 | | (225 ILCS 459/15)
| 14 | | Sec. 15. Exemptions. | 15 | | (a) Nothing in this Act shall apply to any of the | 16 | | following: | 17 | | (1) an agency of the federal, State, county, or | 18 | | municipal government or an officer or employee of a | 19 | | government agency, or person, described in this Section | 20 | | when acting within the scope of employment of the officer | 21 | | or employee; | 22 | | (2) a corporate relocation company when the appraisal | 23 | | is not used for mortgage purposes and the end user client | 24 | | is an employer company; | 25 | | (3) any person licensed in this State under any other |
| | | HB3714 | - 71 - | LRB102 03960 SPS 13976 b |
|
| 1 | | Act while engaged in the activities or practice for which | 2 | | he or she is licensed; | 3 | | (4) any person licensed to practice law in this State | 4 | | who is working with or on behalf of a client of that person | 5 | | in connection with one or more appraisals for that client; | 6 | | (5) an appraiser that enters into an agreement, | 7 | | whether written or otherwise, with another appraiser for | 8 | | the performance of an appraisal, and upon the completion | 9 | | of the appraisal, the report of the appraiser performing | 10 | | the appraisal is signed by both the appraiser who | 11 | | completed the appraisal and the appraiser who requested | 12 | | the completion of the appraisal, except that an appraisal | 13 | | management company may not avoid the requirement of | 14 | | registration under this Act by requiring an employee of | 15 | | the appraisal management company who is an appraiser to | 16 | | sign an appraisal that was completed by another appraiser | 17 | | who is part of the appraisal panel of the appraisal | 18 | | management company; | 19 | | (6) any person acting as an agent of the Illinois | 20 | | Department of Transportation in the acquisition or | 21 | | relinquishment of land for transportation issues to the | 22 | | extent of their contract scope; | 23 | | (7) a design professional entity when the appraisal is | 24 | | not used for
mortgage purposes and the end user client is | 25 | | an agency of State government or a unit of local | 26 | | government; |
| | | HB3714 | - 72 - | LRB102 03960 SPS 13976 b |
|
| 1 | | (8) an appraiser firm whose ownership is appropriately | 2 | | certified under the Real Estate Appraiser Licensing Act of | 3 | | 2002; or | 4 | | (9) an appraisal management company solely engaged in | 5 | | non-residential appraisal management services ; or . | 6 | | (10) a department or division of an entity that | 7 | | provides appraisal management services only to that | 8 | | entity. | 9 | | (b) A federally regulated appraisal management company | 10 | | shall register with the Department for the sole purpose of | 11 | | collecting required information for, and to pay all fees | 12 | | associated with, the State of Illinois' obligation to register | 13 | | the federally regulated appraisal management company with the | 14 | | Appraisal Management Companies National Registry, but the | 15 | | federally regulated appraisal management company is otherwise | 16 | | exempt from all other provisions in this Act. | 17 | | (c) In the event that the Final Interim Rule of the federal | 18 | | Dodd-Frank Wall Street Reform and Consumer Protection Act | 19 | | provides that an appraisal management company is a subsidiary | 20 | | owned and controlled by a financial institution regulated by a | 21 | | federal financial institution's regulatory agency and is | 22 | | exempt from State appraisal management company registration | 23 | | requirements, the Department, shall, by rule, provide for the | 24 | | implementation of such an exemption.
| 25 | | (Source: P.A. 100-604, eff. 7-13-18.)
| 26 | | Section 99. Effective date. This Act takes effect January |
| | | HB3714 | - 73 - | LRB102 03960 SPS 13976 b |
|
| 1 | | 1, 2022, except that Section 5 and this Section take effect | 2 | | immediately.
| | | | HB3714 | - 74 - | LRB102 03960 SPS 13976 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 80/4.32 | | | 4 | | 5 ILCS 80/4.41 new | | | 5 | | 225 ILCS 458/1-10 | | | 6 | | 225 ILCS 458/1-12 new | | | 7 | | 225 ILCS 458/5-5 | | | 8 | | 225 ILCS 458/5-10 | | | 9 | | 225 ILCS 458/5-15 | | | 10 | | 225 ILCS 458/5-20 | | | 11 | | 225 ILCS 458/5-20.5 | | | 12 | | 225 ILCS 458/5-22 | | | 13 | | 225 ILCS 458/5-25 | | | 14 | | 225 ILCS 458/5-26 new | | | 15 | | 225 ILCS 458/5-30 | | | 16 | | 225 ILCS 458/5-35 | | | 17 | | 225 ILCS 458/10-5 | | | 18 | | 225 ILCS 458/10-10 | | | 19 | | 225 ILCS 458/15-5 | | | 20 | | 225 ILCS 458/15-10 | | | 21 | | 225 ILCS 458/15-10.1 new | | | 22 | | 225 ILCS 458/15-11 new | | | 23 | | 225 ILCS 458/15-15 | | | 24 | | 225 ILCS 458/15-55 | | | 25 | | 225 ILCS 458/20-5 | | |
| | | HB3714 | - 75 - | LRB102 03960 SPS 13976 b |
|
| 1 | | 225 ILCS 458/20-10 | | | 2 | | 225 ILCS 458/25-10 | | | 3 | | 225 ILCS 458/25-15 | | | 4 | | 225 ILCS 458/25-16 | | | 5 | | 225 ILCS 458/25-20 | | | 6 | | 225 ILCS 458/25-25 | | | 7 | | 225 ILCS 458/25-35 new | | | 8 | | 225 ILCS 458/30-5 | | | 9 | | 225 ILCS 458/10-17 rep. | | | 10 | | 225 ILCS 458/30-10 rep. | | | 11 | | 225 ILCS 459/10 | | | 12 | | 225 ILCS 459/15 | |
| |
|