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Public Act 100-0886
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| SB3036 Enrolled | LRB100 17553 XWW 32723 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Auction License Act is amended by changing |
Section 30-30 as follows:
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(225 ILCS 407/30-30)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 30-30. Auction Advisory Board.
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(a) There is hereby created the Auction Advisory Board. The |
Advisory Board
shall consist
of 7 members and shall be |
appointed by the Secretary. In making the
appointments, the |
Secretary shall give due consideration to the recommendations |
by members and
organizations
of the industry, including but not |
limited to the Illinois State Auctioneers
Association. Five
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members of the Advisory Board shall be licensed auctioneers, |
except that for
the initial
appointments, these members may be |
persons without a license, but who have been
auctioneers for
at |
least 5 years preceding their appointment to the Advisory |
Board. One member
shall be a public
member who represents the |
interests of consumers and who is not licensed under
this Act |
or the
spouse of a person licensed under this Act or who has |
any responsibility for
management or
formation of policy of or |
any financial interest in the auctioneering
profession or any |
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other
connection with the profession. One member shall be |
actively engaged in the
real estate industry
and licensed as a |
broker or salesperson. The Advisory Board shall annually elect |
one of its members to serve as Chairperson.
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(b) The members' terms shall be for 4 years and expire upon |
completion of the term. No member shall be reappointed to the |
Board for a term that would cause his or her cumulative service |
to the Board to exceed 10 years. Appointments to fill vacancies |
shall be made by the Secretary for the unexpired portion of the |
term. Members shall be appointed for a term of 4 years, except |
that of the
initial appointments,
3 members shall be appointed |
to serve a term of 3 years and 4 members shall be
appointed to |
serve
a term of 4 years. The Secretary shall fill a
vacancy for |
the remainder
of any unexpired term. Each member shall serve on |
the Advisory Board until his
or her successor
is appointed and |
qualified. No person shall be appointed to serve more than
2 |
terms, including
the unexpired portion of a term due to |
vacancy. To the extent practicable, the Secretary
shall
appoint |
members to ensure insure that the various geographic regions of |
the State are
properly represented
on the Advisory Board.
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(c) Four Board members shall
constitute a
quorum. A quorum |
is required for all Board decisions.
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(d) Each member of the Advisory Board shall receive a per |
diem stipend in an
amount to be
determined by the Secretary. |
Each member shall be paid his or her necessary
expenses while
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engaged in the performance of his or her duties.
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(e) Members of the Advisory Board shall be immune from suit |
in an action
based
upon any
disciplinary proceedings or other |
acts performed in good faith as members of
the Advisory Board.
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(f) The Advisory Board shall meet as convened by the |
Department.
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(g) The Advisory Board shall advise the Department on |
matters of licensing and
education and
make recommendations to |
the Department on those matters and shall hear and make
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recommendations
to the Secretary on disciplinary matters that |
require a formal evidentiary
hearing.
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(h) The Secretary shall give due consideration to all |
recommendations of
the
Advisory
Board.
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(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
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Section 10. The Community Association Manager Licensing |
and Disciplinary Act is amended by changing Section 25 as |
follows:
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(225 ILCS 427/25)
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(Section scheduled to be repealed on January 1, 2020) |
Sec. 25. Community Association Manager Licensing and |
Disciplinary Board. |
(a) There is hereby created the Community Association |
Manager Licensing and Disciplinary Board, which shall consist |
of 7 members appointed by the Secretary. All members must be |
residents of the State and must have resided in the State for |
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at least 5 years immediately preceding the date of appointment. |
Five members of the Board must be licensees under this Act, at |
least two members of which shall be supervising community |
association managers. Two members of the Board shall be owners |
of, or hold a shareholder's interest in, a unit in a community |
association at the time of appointment who are not licensees |
under this Act and have no direct affiliation or work |
experience with the community association's community |
association manager. This Board shall act in an advisory |
capacity to the Department. |
(b) Members serving on the Board on the effective date of |
this amendatory Act of the 100th General Assembly may serve the |
remainder of their unexpired terms. Thereafter, the members' |
terms shall be for 4 years and expire upon completion of the |
term. No member shall be reappointed to the Board for a term |
that would cause his or her cumulative service to the Board to |
exceed 10 years. Appointments to fill vacancies shall be made |
by the Secretary for the unexpired portion of the term. Board |
members shall serve for terms of 5 years, except that, |
initially, 4 members shall serve for 5 years and 3 members |
shall serve for 4 years. All members shall serve until
his or |
her successor is appointed and qualified. All vacancies shall |
be filled in like manner for the unexpired term. No member |
shall serve for more than 2 successive terms. The Secretary |
shall remove from the Board any member whose license has become |
void or has been revoked or suspended and may remove any member |
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of the Board for neglect of duty, misconduct, or incompetence. |
A member who is subject to formal disciplinary proceedings |
shall disqualify himself or herself from all Board business |
until the charge is resolved. A member also shall disqualify |
himself or herself from any matter on which the member cannot |
act objectively. |
(c) Four Board members shall constitute a quorum. A quorum |
is required for all Board decisions. |
(d) The Board shall elect annually a chairperson and vice |
chairperson. |
(e) Each member shall receive reimbursement as set by the |
Governor's Travel Control Board for expenses incurred in |
carrying out the duties as a Board member. The Board shall be |
compensated as determined by the Secretary. |
(f) The Board may recommend policies, procedures, and rules |
relevant to the administration and enforcement of this Act.
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(Source: P.A. 98-365, eff. 1-1-14.)
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Section 15. The Real Estate License Act of 2000 is amended |
by changing Section 25-10 as follows:
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(225 ILCS 454/25-10)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 25-10. Real Estate Administration and Disciplinary
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Board;
duties.
There is created the Real Estate Administration |
and Disciplinary Board.
The Board shall be composed of 15 |
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persons appointed by the Governor. Members
shall be
appointed |
to the Board subject to the following conditions:
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(1) All members shall have been residents and citizens |
of this State for
at least 6 years
prior to the date of |
appointment.
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(2) Twelve members shall have been actively engaged as |
managing brokers or
brokers or both for
at least the 10 |
years prior to the appointment, 2 of whom must possess an |
active pre-license instructor license.
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(3) Three members of the Board shall be public members |
who represent
consumer
interests.
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None of these members shall be (i) a person who is licensed |
under this
Act or a similar Act of another jurisdiction, (ii) |
the spouse or family member of a licensee, (iii) a person who |
has an ownership interest in a
real estate brokerage
business, |
or (iv) a person the Department determines to have any other |
connection with a real estate brokerage business or a licensee.
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The members' terms shall be for 4 years and expire upon |
completion of the term or until their successor is appointed, |
and the expiration of their terms shall be
staggered. No member |
shall be reappointed to the Board for a term that would cause |
his or her cumulative service to the Board to exceed 10 12 |
years.
Appointments to fill vacancies shall be for the |
unexpired portion of the term. Those members of the Board that |
satisfy the requirements of paragraph (2) shall be chosen in a |
manner such that no area of the State shall be unreasonably |
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represented.
In making the appointments, the Governor shall |
give
due consideration
to the recommendations by members and |
organizations of the profession.
The Governor may terminate the |
appointment of any member for cause that in the
opinion of the
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Governor reasonably justifies the termination. Cause for |
termination shall
include without limitation
misconduct, |
incapacity, neglect of duty, or missing 4 board meetings during |
any
one
calendar year.
Each member of the Board may receive a |
per diem stipend in an amount to be
determined by the |
Secretary. Each member shall be paid his or her necessary |
expenses while
engaged in the
performance of his or her duties. |
Such compensation and expenses shall be paid
out of the Real |
Estate
License Administration Fund.
The Secretary shall |
consider the recommendations of the Board on questions
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involving
standards of professional conduct, discipline, |
education, and policies and procedures
under this Act. With |
regard to this subject matter, the Secretary may establish |
temporary or permanent committees of the Board and may consider |
the recommendations of the Board on matters that include, but |
are not limited to, criteria for the licensing and renewal of |
education providers, pre-license and continuing education |
instructors, pre-license and continuing education curricula, |
standards of educational criteria, and qualifications for |
licensure and renewal of professions, courses, and |
instructors. The Department, after notifying and considering |
the recommendations of the Board, if any,
may issue rules,
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consistent with the provisions of this Act, for the |
administration and
enforcement thereof and may
prescribe forms |
that shall be used in connection therewith. Eight Board members |
shall constitute a quorum. A quorum is required for all Board |
decisions.
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(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18.)
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Section 20. The Real Estate Appraiser Licensing Act of 2002 |
is amended by changing Section 25-10 as follows:
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(225 ILCS 458/25-10)
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(Section scheduled to be repealed on January 1, 2022)
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Sec. 25-10. Real Estate Appraisal Administration and |
Disciplinary Board; appointment.
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(a) There is hereby created the Real Estate Appraisal |
Administration and Disciplinary Board. The Board
shall be |
composed of 10 persons appointed by the Governor, plus the |
Coordinator
of
the Real Estate Appraisal Division. Members |
shall be appointed to the Board
subject to the following |
conditions:
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(1) All appointed members shall have been residents and |
citizens of this
State for
at least 5 years prior
to the |
date of appointment.
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(2) The appointed membership of the Board should |
reasonably reflect the
geographic
distribution of the
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population of the State.
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(3) Four appointed members shall have been actively |
engaged and currently
licensed as
State
certified general |
real estate appraisers for a period of not less than 5
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years.
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(4)
Two appointed members shall have been actively |
engaged and currently
licensed as
State
certified |
residential real estate appraisers for a period of
not less |
than 5 years.
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(5)
Two appointed members shall hold a valid license as |
a
real estate
broker for at least 10 years prior to the |
date of the appointment, one of whom
shall hold a valid
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State certified general real estate appraiser license |
issued under this Act or a predecessor Act for a period of |
at
least 5 years prior to the appointment and one of whom |
shall hold a valid State certified residential real estate |
appraiser license issued under this Act or a predecessor |
Act for a period of at
least 5 years prior to the |
appointment.
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(6) One appointed member shall be a representative of a |
financial
institution, as evidenced by his or her |
employment with a financial
institution.
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(7) One appointed member shall represent the interests |
of the general
public. This member or his or her spouse |
shall not be licensed under this Act
nor be employed by or |
have any interest in an appraisal business, appraisal |
management company, real estate
brokerage business, or a |
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financial institution.
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In making appointments as
provided in paragraphs (3) and |
(4) of this subsection, the Governor shall
give due |
consideration to recommendations by members and organizations
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representing the profession.
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In making the appointments as
provided in paragraph (5) of |
this subsection, the Governor shall give
due consideration to |
the recommendations by members and organizations
representing |
the real estate industry.
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In making the appointment as provided
in paragraph (6) of |
this subsection, the Governor
shall give due consideration to |
the recommendations by members and
organizations representing |
financial institutions.
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(b) The members' terms shall be for 4 years and expire upon |
completion of the term. No member shall be reappointed to the |
Board for a term that would cause his or her cumulative service |
to the Board to exceed 10 years. Appointments to fill vacancies |
shall be for the unexpired portion of the term. The term for |
members of the Board shall be 4 years, and each member shall |
serve until his or her successor is appointed and qualified.
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(c) The Governor may terminate the appointment of a member |
for cause that,
in
the opinion of the Governor, reasonably |
justifies the termination. Cause for
termination may include, |
without limitation, misconduct, incapacity, neglect of
duty, |
or missing 4 Board meetings during any one calendar year.
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(d) A majority of the Board members shall constitute a
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quorum. A vacancy in the membership of the Board shall not |
impair the right of
a quorum to exercise all of the rights and |
perform all of the duties of the
Board.
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(e) The Board shall meet at least quarterly and may be |
convened
by the Chairperson, Vice-Chairperson, or 3 members of |
the Board upon 10 days
written notice.
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(f) The Board shall, annually at the first meeting of the |
fiscal year,
elect a Chairperson and Vice-Chairperson from its
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members. The Chairperson shall preside over the meetings and |
shall coordinate
with the Coordinator
in developing and |
distributing an agenda for each meeting. In the absence of
the |
Chairperson, the Vice-Chairperson shall preside over the |
meeting.
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(g) The Coordinator
of the Real Estate Appraisal Division |
shall serve as
a member of the Board without vote.
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(h) The Board shall advise and make recommendations to
the |
Department
on the education and experience qualifications of |
any applicant for initial licensure as a State certified |
general real estate appraiser or a State certified residential |
real estate appraiser. The Department shall not make any |
decisions concerning education or experience qualifications of |
an applicant for initial licensure as a State certified general |
real estate appraiser or a State certified residential real |
estate appraiser without having first received the advice and |
recommendation of the Board and
shall give due consideration to |
all
such advice and recommendations; however, if the Board does |
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not render advice or make a recommendation within a reasonable |
amount of time, then the Department may render a decision.
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(i) Except as provided in Section 15-17 of this Act, the
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Board shall hear and make recommendations to the
Secretary
on
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disciplinary matters
that require a formal evidentiary |
hearing. The Secretary
shall give due
consideration to the
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recommendations of the Board involving discipline and |
questions involving
standards of professional
conduct of |
licensees.
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(j) The Department shall seek and the Board shall provide
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recommendations to the Department
consistent with the
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provisions
of this Act and for the administration and |
enforcement of all
rules adopted
pursuant to this Act. The |
Department
shall give due consideration to
such
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recommendations
prior to adopting rules.
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(k) The Department shall seek and the Board shall provide
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recommendations to the Department
on the approval of all |
courses
submitted to the Department
pursuant to this Act and |
the rules adopted pursuant to this Act. The Department shall |
not approve any courses without having first received the |
recommendation of the Board and
shall
give due consideration to |
such
recommendations
prior to approving and licensing courses; |
however, if the Board does not make a recommendation within a |
reasonable amount of time, then the Department may approve |
courses.
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(l) Each voting member of the Board shall receive a per |
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diem stipend in an
amount
to be determined by the Secretary. |
Each member shall be paid his or her necessary expenses while
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engaged in the
performance of his or her duties.
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(m) Members of the Board shall be immune from suit in an |
action based upon
any disciplinary
proceedings or other acts |
performed in good faith as members of the Board.
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(n) If the Department disagrees with any advice or |
recommendation provided by the Board under this Section to the |
Secretary or the Department, then notice of such disagreement |
must be provided to the Board by the Department.
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(o) Upon resolution adopted at any Board meeting, the |
exercise of any Board function, power, or duty enumerated in |
this Section or in subsection (d) of Section 15-10 of this Act |
may be suspended. The exercise of any suspended function, |
power, or duty of the Board may be reinstated by a resolution |
adopted at a subsequent Board meeting. Any resolution adopted |
pursuant to this Section shall take effect immediately.
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(Source: P.A. 98-1109, eff. 1-1-15.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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