Illinois General Assembly - Full Text of HB1020
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB1020  103rd General Assembly

HB1020ham005 103RD GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 3/21/2023

 

 


 

 


 
10300HB1020ham005LRB103 04710 JDS 59773 a

1
AMENDMENT TO HOUSE BILL 1020

2    AMENDMENT NO. ______. Amend House Bill 1020 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Real Estate Appraiser Licensing Act of
52002 is amended by changing Section 15-10 and by adding
6Section 10-25 as follows:
 
7    (225 ILCS 458/10-25 new)
8    Sec. 10-25. Discrimination prohibited. An appraiser shall
9not discriminate when preparing an appraisal of residential or
10commercial real estate. For the purposes of this Section, an
11appraiser discriminates when the appraiser considers the
12actual or perceived race, color, religion, sex, national
13origin, ancestry, age, order of protection status, marital
14status, physical or mental disability, military status, sexual
15orientation, pregnancy, unfavorable discharge from military
16service, familial status, source of income, or arrest record

 

 

10300HB1020ham005- 2 -LRB103 04710 JDS 59773 a

1of the owner of the real estate or the residents of the
2geographic area in which the real estate is located when
3determining the market value of the real estate. In addition
4to the disciplinary procedures set forth in Section 15-10, an
5aggrieved party may commence a civil action alleging
6discrimination in an appropriate circuit court not later than
72 years after the occurrence that constitutes discrimination
8under this Section. Such a civil action shall be subject to the
9same procedures, rights, and remedies as a civil action
10alleging a civil rights violation of Article 3 of the Illinois
11Human Rights Act under Section 10-102 of the Illinois Human
12Rights Act.
13    A civil action may also be initiated by the Attorney
14General whenever the Attorney General has reasonable cause to
15believe that an appraiser is engaged in a pattern and practice
16of discrimination prohibited by this Section. Such a civil
17action shall be subject to the same procedures, rights, and
18remedies as a civil action alleging a civil rights violation
19of Article 3 of the Illinois Human Rights Act under Section
2010-104 of the Illinois Human Rights Act.
21    Prior to initiating a civil action, the Attorney General
22shall conduct a preliminary investigation to determine whether
23there is reasonable cause to believe that any person or group
24of persons is engaged in a pattern and practice of
25discrimination prohibited by this Section and whether the
26dispute can be resolved without litigation. In conducting this

 

 

10300HB1020ham005- 3 -LRB103 04710 JDS 59773 a

1investigation, the Attorney General may: (i) require the
2individual or entity to file a statement or report in writing,
3under oath or otherwise, as to all information the Attorney
4General may consider necessary; (ii) examine under oath any
5person alleged to have participated in or with knowledge of
6the alleged pattern and practice violation; or (iii) issue
7subpoenas or conduct hearings in aid of any investigation.
 
8    (225 ILCS 458/15-10)
9    (Section scheduled to be repealed on January 1, 2027)
10    Sec. 15-10. Grounds for disciplinary action.
11    (a) The Department may suspend, revoke, refuse to issue,
12renew, or restore a license and may reprimand place on
13probation or administrative supervision, or take any
14disciplinary or non-disciplinary action, including imposing
15conditions limiting the scope, nature, or extent of the real
16estate appraisal practice of a licensee or reducing the
17appraisal rank of a licensee, and may impose an administrative
18fine not to exceed $25,000 for each violation upon a licensee
19for any one or combination of the following:
20        (1) Procuring or attempting to procure a license by
21    knowingly making a false statement, submitting false
22    information, engaging in any form of fraud or
23    misrepresentation, or refusing to provide complete
24    information in response to a question in an application
25    for licensure.

 

 

10300HB1020ham005- 4 -LRB103 04710 JDS 59773 a

1        (2) Failing to meet the minimum qualifications for
2    licensure as an appraiser established by this Act.
3        (3) Paying money, other than for the fees provided for
4    by this Act, or anything of value to a member or employee
5    of the Board or the Department to procure licensure under
6    this Act.
7        (4) Conviction of, or plea of guilty or nolo
8    contendere, as enumerated in subsection (e) of Section
9    5-22, under the laws of any jurisdiction of the United
10    States: (i) that is a felony, misdemeanor, or
11    administrative sanction or (ii) that is a crime that
12    subjects the licensee to compliance with the requirements
13    of the Sex Offender Registration Act.
14        (5) Committing an act or omission involving
15    dishonesty, fraud, or misrepresentation with the intent to
16    substantially benefit the licensee or another person or
17    with intent to substantially injure another person as
18    defined by rule.
19        (6) Violating a provision or standard for the
20    development or communication of real estate appraisals as
21    provided in Section 10-10 of this Act or as defined by
22    rule.
23        (7) Failing or refusing without good cause to exercise
24    reasonable diligence in developing, reporting, or
25    communicating an appraisal, as defined by this Act or by
26    rule.

 

 

10300HB1020ham005- 5 -LRB103 04710 JDS 59773 a

1        (8) Violating a provision of this Act or the rules
2    adopted pursuant to this Act.
3        (9) Having been disciplined by another state, the
4    District of Columbia, a territory, a foreign nation, a
5    governmental agency, or any other entity authorized to
6    impose discipline if at least one of the grounds for that
7    discipline is the same as or the equivalent of one of the
8    grounds for which a licensee may be disciplined under this
9    Act.
10        (10) Engaging in dishonorable, unethical, or
11    unprofessional conduct of a character likely to deceive,
12    defraud, or harm the public.
13        (11) Accepting an appraisal assignment when the
14    employment itself is contingent upon the appraiser
15    reporting a predetermined estimate, analysis, or opinion
16    or when the fee to be paid is contingent upon the opinion,
17    conclusion, or valuation reached or upon the consequences
18    resulting from the appraisal assignment.
19        (12) Developing valuation conclusions based on the
20    race, color, religion, sex, national origin, ancestry,
21    age, marital status, family status, physical or mental
22    disability, sexual orientation, pregnancy, order of
23    protection status, military status, or unfavorable
24    military discharge, as defined under the Illinois Human
25    Rights Act, of the prospective or present owners or
26    occupants of the area or property under appraisal.

 

 

10300HB1020ham005- 6 -LRB103 04710 JDS 59773 a

1        (13) Violating the confidential nature of government
2    records to which the licensee gained access through
3    employment or engagement as an appraiser by a government
4    agency.
5        (14) Being adjudicated liable in a civil proceeding on
6    grounds of fraud, misrepresentation, or deceit. In a
7    disciplinary proceeding based upon a finding of civil
8    liability, the appraiser shall be afforded an opportunity
9    to present mitigating and extenuating circumstances, but
10    may not collaterally attack the civil adjudication.
11        (15) Being adjudicated liable in a civil proceeding
12    for violation of a state or federal fair housing law.
13        (16) Engaging in misleading or untruthful advertising
14    or using a trade name or insignia of membership in a real
15    estate appraisal or real estate organization of which the
16    licensee is not a member.
17        (17) Failing to fully cooperate with a Department
18    investigation by knowingly making a false statement,
19    submitting false or misleading information, or refusing to
20    provide complete information in response to written
21    interrogatories or a written request for documentation
22    within 30 days of the request.
23        (18) Failing to include within the certificate of
24    appraisal for all written appraisal reports the
25    appraiser's license number and licensure title. All
26    appraisers providing significant contribution to the

 

 

10300HB1020ham005- 7 -LRB103 04710 JDS 59773 a

1    development and reporting of an appraisal must be
2    disclosed in the appraisal report. It is a violation of
3    this Act for an appraiser to sign a report, transmittal
4    letter, or appraisal certification knowing that a person
5    providing a significant contribution to the report has not
6    been disclosed in the appraisal report.
7        (19) Violating the terms of a disciplinary order or
8    consent to administrative supervision order.
9        (20) Habitual or excessive use or addiction to
10    alcohol, narcotics, stimulants, or any other chemical
11    agent or drug that results in a licensee's inability to
12    practice with reasonable judgment, skill, or safety.
13        (21) A physical or mental illness or disability which
14    results in the inability to practice under this Act with
15    reasonable judgment, skill, or safety.
16        (22) Gross negligence in developing an appraisal or in
17    communicating an appraisal or failing to observe one or
18    more of the Uniform Standards of Professional Appraisal
19    Practice.
20        (23) A pattern of practice or other behavior that
21    demonstrates incapacity or incompetence to practice under
22    this Act.
23        (24) Using or attempting to use the seal, certificate,
24    or license of another as one's own; falsely impersonating
25    any duly licensed appraiser; using or attempting to use an
26    inactive, expired, suspended, or revoked license; or

 

 

10300HB1020ham005- 8 -LRB103 04710 JDS 59773 a

1    aiding or abetting any of the foregoing.
2        (25) Solicitation of professional services by using
3    false, misleading, or deceptive advertising.
4        (26) Making a material misstatement in furnishing
5    information to the Department.
6        (27) Failure to furnish information to the Department
7    upon written request.
8        (28) Engaging in discrimination as provided in Section
9    10-25.
10    (b) The Department may reprimand suspend, revoke, or
11refuse to issue or renew an education provider's license, may
12reprimand, place on probation, or otherwise discipline an
13education provider and may suspend or revoke the course
14approval of any course offered by an education provider and
15may impose an administrative fine not to exceed $25,000 upon
16an education provider, for any of the following:
17        (1) Procuring or attempting to procure licensure by
18    knowingly making a false statement, submitting false
19    information, engaging in any form of fraud or
20    misrepresentation, or refusing to provide complete
21    information in response to a question in an application
22    for licensure.
23        (2) Failing to comply with the covenants certified to
24    on the application for licensure as an education provider.
25        (3) Committing an act or omission involving
26    dishonesty, fraud, or misrepresentation or allowing any

 

 

10300HB1020ham005- 9 -LRB103 04710 JDS 59773 a

1    such act or omission by any employee or contractor under
2    the control of the provider.
3        (4) Engaging in misleading or untruthful advertising.
4        (5) Failing to retain competent instructors in
5    accordance with rules adopted under this Act.
6        (6) Failing to meet the topic or time requirements for
7    course approval as the provider of a qualifying curriculum
8    course or a continuing education course.
9        (7) Failing to administer an approved course using the
10    course materials, syllabus, and examinations submitted as
11    the basis of the course approval.
12        (8) Failing to provide an appropriate classroom
13    environment for presentation of courses, with
14    consideration for student comfort, acoustics, lighting,
15    seating, workspace, and visual aid material.
16        (9) Failing to maintain student records in compliance
17    with the rules adopted under this Act.
18        (10) Failing to provide a certificate, transcript, or
19    other student record to the Department or to a student as
20    may be required by rule.
21        (11) Failing to fully cooperate with an investigation
22    by the Department by knowingly making a false statement,
23    submitting false or misleading information, or refusing to
24    provide complete information in response to written
25    interrogatories or a written request for documentation
26    within 30 days of the request.

 

 

10300HB1020ham005- 10 -LRB103 04710 JDS 59773 a

1    (c) In appropriate cases, the Department may resolve a
2complaint against a licensee through the issuance of a Consent
3to Administrative Supervision order. A licensee subject to a
4Consent to Administrative Supervision order shall be
5considered by the Department as an active licensee in good
6standing. This order shall not be reported or considered by
7the Department to be a discipline of the licensee. The records
8regarding an investigation and a Consent to Administrative
9Supervision order shall be considered confidential and shall
10not be released by the Department except as mandated by law. A
11complainant shall be notified if the complaint has been
12resolved by a Consent to Administrative Supervision order.
13(Source: P.A. 102-20, eff. 1-1-22.)".