Bill Amendment: IL HB4950 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REAL ESTATE-VARIOUS
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [HB4950 Detail]
Download: Illinois-2025-HB4950-House_Amendment_001.html
Bill Title: REAL ESTATE-VARIOUS
Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [HB4950 Detail]
Download: Illinois-2025-HB4950-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 4950 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4950 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Public Contract Fraud Act is amended by | ||||||
| 5 | changing Section 2 as follows: | ||||||
| 6 | (30 ILCS 545/2) (from Ch. 127, par. 132.52) | ||||||
| 7 | Sec. 2. Spending money without obtaining title to land; | ||||||
| 8 | approval of title by Attorney General. | ||||||
| 9 | (a) Except as otherwise provided in Section 2 of the | ||||||
| 10 | Superconducting Super Collider Act or for projects constructed | ||||||
| 11 | under the Bikeway Act, any person or persons, commissioner or | ||||||
| 12 | commissioners, or other officer or officers, entrusted with | ||||||
| 13 | the construction or repair of any public work or improvement, | ||||||
| 14 | as set forth in Section 1, who shall expend or cause to be | ||||||
| 15 | expended upon such public work or improvement, the whole or | ||||||
| 16 | any part of the moneys appropriated therefor, or who shall | ||||||
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| 1 | commence work, or in any way authorize work to be commenced, | ||||||
| 2 | thereon, without first having obtained a title, by purchase, | ||||||
| 3 | donation, condemnation or otherwise, to all lands needed for | ||||||
| 4 | such public work or improvement, running to the People of the | ||||||
| 5 | State of Illinois; such title to be approved by the Attorney | ||||||
| 6 | General, and his approval certified by the Secretary of State | ||||||
| 7 | and placed on record in his office, shall be deemed guilty of a | ||||||
| 8 | Class A misdemeanor. | ||||||
| 9 | (b) Approval of title by the Attorney General for all | ||||||
| 10 | lands needed for a public work or improvement shall not be | ||||||
| 11 | required as established under subsection (a) of this Section | ||||||
| 12 | and the State Comptroller may draw warrant in payment of | ||||||
| 13 | consideration for all such lands without requiring approval of | ||||||
| 14 | title by the Attorney General if consideration to be paid does | ||||||
| 15 | not exceed $25,000 and the title acquired for such lands is | ||||||
| 16 | for: | ||||||
| 17 | (1) a fee simple title or easement acquired by the | ||||||
| 18 | State for highway right-of-way; or | ||||||
| 19 | (2) an acquisition of rights or easements of access, | ||||||
| 20 | crossing, light, air or view to, from or over a freeway | ||||||
| 21 | vested in abutting property; or | ||||||
| 22 | (3) a fee simple title or easement used to place | ||||||
| 23 | utility lines and connect a permanent public work or | ||||||
| 24 | improvement owned by the State to main utility lines; or | ||||||
| 25 | (4) for the purpose of flood relief or other water | ||||||
| 26 | resource projects. | ||||||
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| 1 | (c) This Section does not apply to any otherwise lawful | ||||||
| 2 | expenditures for the construction, completion, remodeling, | ||||||
| 3 | maintenance and equipment of buildings and other facilities | ||||||
| 4 | made in connection with and upon premises owned by the | ||||||
| 5 | Illinois Building Authority, nor shall this Section apply to | ||||||
| 6 | improvements to real estate leased by any State agency as | ||||||
| 7 | defined in the Illinois State Auditing Act, provided the | ||||||
| 8 | leasehold improvements were contracted for by an agency with | ||||||
| 9 | leasing authority and in compliance with the rules and | ||||||
| 10 | regulations promulgated by such agency for that purpose. | ||||||
| 11 | (d) Notwithstanding subsection (a), the Department of | ||||||
| 12 | Transportation may proceed with bidding or awarding a contract | ||||||
| 13 | or any construction activities once it has complied with the | ||||||
| 14 | requirements for conditional certification under 23 CFR | ||||||
| 15 | 635.309(c)(3). | ||||||
| 16 | The Department of Transportation shall comply with the | ||||||
| 17 | requirements under subsection (a) before expending funds on | ||||||
| 18 | construction activities or property acquisition related to | ||||||
| 19 | parcels that were outstanding at the time of conditional | ||||||
| 20 | certification under this subsection (d). | ||||||
| 21 | No construction activities shall be undertaken on any | ||||||
| 22 | property until the requirements under subsection (a) have been | ||||||
| 23 | met for that property. No delay costs shall be assessed | ||||||
| 24 | against the State until the Department of Transportation has | ||||||
| 25 | complied with subsection (a). | ||||||
| 26 | (Source: P.A. 103-865, eff. 1-1-25.) | ||||||
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| 1 | Section 10. The Real Estate Appraiser Licensing Act of | ||||||
| 2 | 2002 is amended by changing Sections 1-10 and 5-5 as follows: | ||||||
| 3 | (225 ILCS 458/1-10) | ||||||
| 4 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 5 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
| 6 | context otherwise requires: | ||||||
| 7 | "Accredited college or university, junior college, or | ||||||
| 8 | community college" means a college or university, junior | ||||||
| 9 | college, or community college that is approved or accredited | ||||||
| 10 | by the Board of Higher Education, a regional or national | ||||||
| 11 | accreditation association, or by an accrediting agency that is | ||||||
| 12 | recognized by the U.S. Secretary of Education. | ||||||
| 13 | "Address of record" means the designated street address, | ||||||
| 14 | which may not be a post office box, recorded by the Department | ||||||
| 15 | in the applicant's or licensee's application file or license | ||||||
| 16 | file as maintained by the Department. | ||||||
| 17 | "Applicant" means a person who applies to the Department | ||||||
| 18 | for a license under this Act. | ||||||
| 19 | "Appraisal" means (noun) the act or process of developing | ||||||
| 20 | an opinion of value; an opinion of value (adjective) of or | ||||||
| 21 | pertaining to appraising and related functions, such as | ||||||
| 22 | appraisal practice or appraisal services. | ||||||
| 23 | "Appraisal assignment" means a valuation service provided | ||||||
| 24 | pursuant to an agreement between an appraiser and a client. | ||||||
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| 1 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
| 2 | owned and controlled by a person or persons licensed in | ||||||
| 3 | Illinois as a certified general real estate appraiser or a | ||||||
| 4 | certified residential real estate appraiser. "Appraisal firm" | ||||||
| 5 | does not include an appraisal management company. | ||||||
| 6 | "Appraisal management company" means any corporation, | ||||||
| 7 | limited liability company, partnership, sole proprietorship, | ||||||
| 8 | subsidiary, unit, or other business entity that directly or | ||||||
| 9 | indirectly: (1) provides appraisal management services to | ||||||
| 10 | creditors or secondary mortgage market participants, including | ||||||
| 11 | affiliates; (2) provides appraisal management services in | ||||||
| 12 | connection with valuing the consumer's principal dwelling as | ||||||
| 13 | security for a consumer credit transaction (including consumer | ||||||
| 14 | credit transactions incorporated into securitizations); and | ||||||
| 15 | (3) any appraisal management company that, within a given | ||||||
| 16 | 12-month period, oversees an appraiser panel of 16 or more | ||||||
| 17 | State-certified appraisers in Illinois or 25 or more | ||||||
| 18 | State-certified or State-licensed appraisers in 2 or more | ||||||
| 19 | jurisdictions. "Appraisal management company" includes a | ||||||
| 20 | hybrid entity. | ||||||
| 21 | "Appraisal practice" means valuation services performed by | ||||||
| 22 | an individual acting as an appraiser, including, but not | ||||||
| 23 | limited to, appraisal or appraisal review. | ||||||
| 24 | "Appraisal qualification board (AQB)" means the | ||||||
| 25 | independent board of the Appraisal Foundation, which, under | ||||||
| 26 | the provisions of Title XI of the Financial Institutions | ||||||
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| 1 | Reform, Recovery, and Enforcement Act of 1989, establishes the | ||||||
| 2 | minimum education, experience, and examination requirements | ||||||
| 3 | for real property appraisers to obtain a state certification | ||||||
| 4 | or license. | ||||||
| 5 | "Appraisal report" means any communication, written or | ||||||
| 6 | oral, of an appraisal or appraisal review that is transmitted | ||||||
| 7 | to a client upon completion of an assignment. | ||||||
| 8 | "Appraisal review" means the act or process of developing | ||||||
| 9 | and communicating an opinion about the quality of another | ||||||
| 10 | appraiser's work that was performed as part of an appraisal, | ||||||
| 11 | appraisal review, or appraisal assignment. | ||||||
| 12 | "Appraisal Subcommittee" means the Appraisal Subcommittee | ||||||
| 13 | of the Federal Financial Institutions Examination Council as | ||||||
| 14 | established by Title XI. | ||||||
| 15 | "Appraiser" means a person who performs real estate or | ||||||
| 16 | real property appraisals competently and in a manner that is | ||||||
| 17 | independent, impartial, and objective. | ||||||
| 18 | "Appraiser panel" means a network, list, or roster of | ||||||
| 19 | licensed or certified appraisers approved by the appraisal | ||||||
| 20 | management company or by the end-user client to perform | ||||||
| 21 | appraisals as independent contractors for the appraisal | ||||||
| 22 | management company. "Appraiser panel" includes both appraisers | ||||||
| 23 | accepted by an appraisal management company for consideration | ||||||
| 24 | for future appraisal assignments and appraisers engaged by an | ||||||
| 25 | appraisal management company to perform one or more | ||||||
| 26 | appraisals. For the purposes of determining the size of an | ||||||
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| 1 | appraiser panel, only independent contractors of hybrid | ||||||
| 2 | entities shall be counted towards the appraiser panel. | ||||||
| 3 | "Associate real estate trainee appraiser" means an | ||||||
| 4 | entry-level appraiser who holds a license of this | ||||||
| 5 | classification under this Act with restrictions as to the | ||||||
| 6 | scope of practice in accordance with this Act. | ||||||
| 7 | "Automated valuation model" means an automated system that | ||||||
| 8 | is used to derive a property value through the use of available | ||||||
| 9 | property records and various analytic methodologies such as | ||||||
| 10 | comparable sales prices, home characteristics, and price | ||||||
| 11 | changes. | ||||||
| 12 | "Board" means the Real Estate Appraisal Administration and | ||||||
| 13 | Disciplinary Board. | ||||||
| 14 | "Broker price opinion" means an estimate or analysis of | ||||||
| 15 | the probable selling price of a particular interest in real | ||||||
| 16 | estate, which may provide a varying level of detail about the | ||||||
| 17 | property's condition, market, and neighborhood and information | ||||||
| 18 | on comparable sales. The activities of a real estate broker or | ||||||
| 19 | managing broker engaging in the ordinary course of business as | ||||||
| 20 | a broker, as defined in this Section, shall not be considered a | ||||||
| 21 | broker price opinion if no compensation is paid to the broker | ||||||
| 22 | or managing broker, other than compensation based upon the | ||||||
| 23 | sale or rental of real estate. | ||||||
| 24 | "Classroom hour" means 50 minutes of instruction out of | ||||||
| 25 | each 60-minute segment of coursework. | ||||||
| 26 | "Client" means the party or parties who engage an | ||||||
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| 1 | appraiser by employment or contract in a specific appraisal | ||||||
| 2 | assignment. | ||||||
| 3 | "Comparative market analysis" is an analysis or opinion | ||||||
| 4 | regarding pricing, marketing, or financial aspects relating to | ||||||
| 5 | a specified interest or interests in real estate that may be | ||||||
| 6 | based upon an analysis of comparative market data, the | ||||||
| 7 | expertise of the real estate broker or managing broker, and | ||||||
| 8 | such other factors as the broker or managing broker may deem | ||||||
| 9 | appropriate in developing or preparing such analysis or | ||||||
| 10 | opinion. The activities of a real estate broker or managing | ||||||
| 11 | broker engaging in the ordinary course of business as a | ||||||
| 12 | broker, as defined in this Section, shall not be considered a | ||||||
| 13 | comparative market analysis if no compensation is paid to the | ||||||
| 14 | broker or managing broker, other than compensation based upon | ||||||
| 15 | the sale or rental of real estate. | ||||||
| 16 | "Coordinator" means the Real Estate Appraisal Coordinator | ||||||
| 17 | created in Section 25-15. | ||||||
| 18 | "Department" means the Department of Financial and | ||||||
| 19 | Professional Regulation. | ||||||
| 20 | "Email address of record" means the designated email | ||||||
| 21 | address recorded by the Department in the applicant's | ||||||
| 22 | application file or the licensee's license file maintained by | ||||||
| 23 | the Department. | ||||||
| 24 | "Evaluation" means a valuation permitted by the appraisal | ||||||
| 25 | regulations of the Federal Financial Institutions Examination | ||||||
| 26 | Council and its federal agencies for transactions that qualify | ||||||
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| 1 | for the appraisal threshold exemption, business loan | ||||||
| 2 | exemption, or subsequent transaction exemption. | ||||||
| 3 | "Federal financial institutions regulatory agencies" means | ||||||
| 4 | the Board of Governors of the Federal Reserve System, the | ||||||
| 5 | Federal Deposit Insurance Corporation, the Office of the | ||||||
| 6 | Comptroller of the Currency, the Consumer Financial Protection | ||||||
| 7 | Bureau, and the National Credit Union Administration. | ||||||
| 8 | "Federally related transaction" means any real | ||||||
| 9 | estate-related financial transaction in which a federal | ||||||
| 10 | financial institutions regulatory agency engages in, contracts | ||||||
| 11 | for, or regulates and requires the services of an appraiser. | ||||||
| 12 | "Financial institution" means any bank, savings bank, | ||||||
| 13 | savings and loan association, credit union, mortgage broker, | ||||||
| 14 | mortgage banker, licensee under the Consumer Installment Loan | ||||||
| 15 | Act or the Sales Finance Agency Act, or a corporate fiduciary, | ||||||
| 16 | subsidiary, affiliate, parent company, or holding company of | ||||||
| 17 | any such licensee, or any institution involved in real estate | ||||||
| 18 | financing that is regulated by state or federal law. | ||||||
| 19 | "Hybrid entity" means an appraisal management company that | ||||||
| 20 | hires an appraiser as an employee to perform an appraisal and | ||||||
| 21 | engages an independent contractor to perform an appraisal. | ||||||
| 22 | "License" means the privilege conferred by the Department | ||||||
| 23 | to a person that has fulfilled all requirements prerequisite | ||||||
| 24 | to any type of licensure under this Act. | ||||||
| 25 | "Licensee" means any person licensed under this Act. | ||||||
| 26 | "Multi-state licensing system" means a web-based platform | ||||||
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| 1 | that allows an applicant to submit the application or license | ||||||
| 2 | renewal application to the Department online. | ||||||
| 3 | "Person" means an individual, entity, sole proprietorship, | ||||||
| 4 | corporation, limited liability company, partnership, and joint | ||||||
| 5 | venture, foreign or domestic, except that when the context | ||||||
| 6 | otherwise requires, the term may refer to more than one | ||||||
| 7 | individual or other described entity. | ||||||
| 8 | "Real estate" means an identified parcel or tract of land, | ||||||
| 9 | including any improvements. | ||||||
| 10 | "Real estate related financial transaction" means any | ||||||
| 11 | transaction involving: | ||||||
| 12 | (1) the sale, lease, purchase, investment in, or | ||||||
| 13 | exchange of real property, including interests in property | ||||||
| 14 | or the financing thereof; | ||||||
| 15 | (2) the refinancing of real property or interests in | ||||||
| 16 | real property; and | ||||||
| 17 | (3) the use of real property or interest in property | ||||||
| 18 | as security for a loan or investment, including mortgage | ||||||
| 19 | backed securities. | ||||||
| 20 | "Real property" means the interests, benefits, and rights | ||||||
| 21 | inherent in the ownership of real estate. | ||||||
| 22 | "Secretary" means the Secretary of Financial and | ||||||
| 23 | Professional Regulation or the Secretary's designee. | ||||||
| 24 | "State certified general real estate appraiser" means an | ||||||
| 25 | appraiser who holds a license of this classification under | ||||||
| 26 | this Act and such classification applies to the appraisal of | ||||||
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| 1 | all types of real property without restrictions as to the | ||||||
| 2 | scope of practice. | ||||||
| 3 | "State certified residential real estate appraiser" means | ||||||
| 4 | an appraiser who holds a license of this classification under | ||||||
| 5 | this Act and such classification applies to the appraisal of | ||||||
| 6 | one to 4 units of residential real property without regard to | ||||||
| 7 | transaction value or complexity, but with restrictions as to | ||||||
| 8 | the scope of practice in a federally related transaction in | ||||||
| 9 | accordance with Title XI, the provisions of USPAP, criteria | ||||||
| 10 | established by the AQB, and further defined by rule. | ||||||
| 11 | "Supervising appraiser" means either (i) an appraiser who | ||||||
| 12 | holds a valid license under this Act as either a State | ||||||
| 13 | certified general real estate appraiser or a State certified | ||||||
| 14 | residential real estate appraiser, who co-signs an appraisal | ||||||
| 15 | report for an associate real estate trainee appraiser or (ii) | ||||||
| 16 | a State certified general real estate appraiser who holds a | ||||||
| 17 | valid license under this Act who co-signs an appraisal report | ||||||
| 18 | for a State certified residential real estate appraiser on | ||||||
| 19 | properties other than one to 4 units of residential real | ||||||
| 20 | property without regard to transaction value or complexity. | ||||||
| 21 | "Title XI" means Title XI of the federal Financial | ||||||
| 22 | Institutions Reform, Recovery, and Enforcement Act of 1989. | ||||||
| 23 | "USPAP" means the Uniform Standards of Professional | ||||||
| 24 | Appraisal Practice as promulgated by the Appraisal Standards | ||||||
| 25 | Board pursuant to Title XI and by rule. | ||||||
| 26 | "Valuation services" means services pertaining to aspects | ||||||
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| 1 | of property value. | ||||||
| 2 | "Waiver valuation" means a valuation prepared pursuant to | ||||||
| 3 | the federal Uniform Relocation Assistance and Real Property | ||||||
| 4 | Acquisition Policies Act of 1970, as amended, or pursuant to | ||||||
| 5 | the federal Uniform Relocation Assistance and Real Property | ||||||
| 6 | Acquisition for Federal and Federally Assisted Programs | ||||||
| 7 | regulations under 49 CFR Part 24, which is not an appraisal and | ||||||
| 8 | may not be represented to be an appraisal. | ||||||
| 9 | (Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21; | ||||||
| 10 | 102-970, eff. 5-27-22; 103-236, eff. 1-1-24.) | ||||||
| 11 | (225 ILCS 458/5-5) | ||||||
| 12 | (Section scheduled to be repealed on January 1, 2027) | ||||||
| 13 | Sec. 5-5. Necessity of license; use of title; exemptions. | ||||||
| 14 | (a) It is unlawful for a person to (i) act, offer services, | ||||||
| 15 | or advertise services as a State certified general real estate | ||||||
| 16 | appraiser, State certified residential real estate appraiser, | ||||||
| 17 | or associate real estate trainee appraiser, (ii) develop a | ||||||
| 18 | real estate appraisal, (iii) practice as a real estate | ||||||
| 19 | appraiser, or (iv) advertise as a real estate appraiser | ||||||
| 20 | without a license issued under this Act. A person who violates | ||||||
| 21 | this subsection is guilty of a Class A misdemeanor for a first | ||||||
| 22 | offense and a Class 4 felony for any subsequent offense. | ||||||
| 23 | (a-5) It is unlawful for a person, unless registered as an | ||||||
| 24 | appraisal management company, to solicit clients or enter into | ||||||
| 25 | an appraisal engagement with clients without either a | ||||||
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| 1 | certified residential real estate appraiser license or a | ||||||
| 2 | certified general real estate appraiser license issued under | ||||||
| 3 | this Act. A person who violates this subsection is guilty of a | ||||||
| 4 | Class A misdemeanor for a first offense and a Class 4 felony | ||||||
| 5 | for any subsequent offense. | ||||||
| 6 | (b) It is unlawful for a person, other than a person who | ||||||
| 7 | holds a valid license issued pursuant to this Act as a State | ||||||
| 8 | certified general real estate appraiser, a State certified | ||||||
| 9 | residential real estate appraiser, or an associate real estate | ||||||
| 10 | trainee appraiser to use these titles or any other title, | ||||||
| 11 | designation, or abbreviation likely to create the impression | ||||||
| 12 | that the person is licensed as a real estate appraiser | ||||||
| 13 | pursuant to this Act. A person who violates this subsection is | ||||||
| 14 | guilty of a Class A misdemeanor for a first offense and a Class | ||||||
| 15 | 4 felony for any subsequent offense. | ||||||
| 16 | (c) This Act does not apply to a person who holds a valid | ||||||
| 17 | license as a real estate broker or managing broker pursuant to | ||||||
| 18 | the Real Estate License Act of 2000 who prepares or provides a | ||||||
| 19 | broker price opinion or comparative market analysis in | ||||||
| 20 | compliance with Section 10-45 of the Real Estate License Act | ||||||
| 21 | of 2000. | ||||||
| 22 | (d) Nothing in this Act shall preclude a State certified | ||||||
| 23 | general real estate appraiser, a State certified residential | ||||||
| 24 | real estate appraiser, or an associate real estate trainee | ||||||
| 25 | appraiser from rendering appraisals for or on behalf of a | ||||||
| 26 | partnership, association, corporation, firm, or group. | ||||||
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| 1 | However, no State appraisal license or certification shall be | ||||||
| 2 | issued under this Act to a partnership, association, | ||||||
| 3 | corporation, firm, or group. | ||||||
| 4 | (e) This Act does not apply to a county assessor, township | ||||||
| 5 | assessor, multi-township assessor, county supervisor of | ||||||
| 6 | assessments, or any deputy or employee of any county assessor, | ||||||
| 7 | township assessor, multi-township assessor, or county | ||||||
| 8 | supervisor of assessments in performance of respective duties | ||||||
| 9 | in accordance with the provisions of the Property Tax Code. | ||||||
| 10 | (e-5) For the purposes of this Act, waiver valuations | ||||||
| 11 | valuation waivers may be prepared by a licensed appraiser | ||||||
| 12 | notwithstanding any other provision of this Act, and the | ||||||
| 13 | following types of valuations are not appraisals and may not | ||||||
| 14 | be represented to be appraisals, and a license or | ||||||
| 15 | certification is not required under this Act to perform such | ||||||
| 16 | valuations if the valuations are created in one of the | ||||||
| 17 | following manners: performed by (1) an employee of the | ||||||
| 18 | Illinois Department of Transportation who has completed a | ||||||
| 19 | minimum of 45 hours of course work in real estate appraisal, | ||||||
| 20 | including the principles of real estate appraisals, appraisal | ||||||
| 21 | of partial acquisitions, easement valuation, reviewing | ||||||
| 22 | appraisals in eminent domain, appraisal for federal aid | ||||||
| 23 | highway programs, and appraisal review for federal aid highway | ||||||
| 24 | programs and has at least 2 years' experience in a field | ||||||
| 25 | closely related to real estate; (2) a county engineer who is a | ||||||
| 26 | registered professional engineer under the Professional | ||||||
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| 1 | Engineering Practice Act of 1989; (3) an employee of a | ||||||
| 2 | municipality who has (i) completed a minimum of 45 hours of | ||||||
| 3 | coursework in real estate appraisal, including the principles | ||||||
| 4 | of real estate appraisals, appraisal of partial acquisitions, | ||||||
| 5 | easement valuation, reviewing appraisals in eminent domain, | ||||||
| 6 | appraisal for federal aid highway programs, and appraisal | ||||||
| 7 | review for federal aid highway programs and (ii) has either 2 | ||||||
| 8 | years' experience in a field clearly related to real estate or | ||||||
| 9 | has completed 20 hours of additional coursework that is | ||||||
| 10 | sufficient for a person to complete waiver valuations as | ||||||
| 11 | approved by the Federal Highway Administration; or (4) a | ||||||
| 12 | municipal engineer who has completed coursework that is | ||||||
| 13 | sufficient for waiver valuations to be approved by the Federal | ||||||
| 14 | Highway Administration and who is a registered professional | ||||||
| 15 | engineer under the Professional Engineering Act of 1989, under | ||||||
| 16 | the following circumstances: | ||||||
| 17 | (A) a waiver valuation waiver in an amount not to | ||||||
| 18 | exceed $35,000 that $20,000 prepared pursuant to the | ||||||
| 19 | federal Uniform Relocation Assistance and Real Property | ||||||
| 20 | Acquisition Policies Act of 1970, or prepared pursuant to | ||||||
| 21 | the federal Uniform Relocation Assistance and Real | ||||||
| 22 | Property Acquisition for Federal and Federally-Assisted | ||||||
| 23 | Programs regulations and which is performed by: | ||||||
| 24 | (1) an employee of the Illinois Department of | ||||||
| 25 | Transportation who is a registered professional | ||||||
| 26 | engineer under the Professional Engineering Practice | ||||||
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| 1 | Act of 1989 or an employee of the Illinois Department | ||||||
| 2 | of Transportation that is and co-signed, with a | ||||||
| 3 | license number affixed, by another employee of the | ||||||
| 4 | Illinois Department of Transportation and who is a | ||||||
| 5 | registered professional engineer under the | ||||||
| 6 | Professional Engineering Practice Act of 1989, with a | ||||||
| 7 | license number affixed; | ||||||
| 8 | (2) a person who: (i) has at least 2 years' | ||||||
| 9 | experience in a field closely related to real estate; | ||||||
| 10 | (ii) has completed a minimum of 45 hours of course work | ||||||
| 11 | in real estate appraisal, including the principles of | ||||||
| 12 | real estate appraisals, appraisal of partial | ||||||
| 13 | acquisitions, easement valuation, reviewing appraisals | ||||||
| 14 | in eminent domain, appraisal for federal aid highway | ||||||
| 15 | programs, or appraisal review for federal aid highway | ||||||
| 16 | programs; and (iii) is an employee of the Illinois | ||||||
| 17 | Department of Transportation or an employee of a | ||||||
| 18 | consultant or subconsultant under contract to provide | ||||||
| 19 | land acquisition services to the Illinois Department | ||||||
| 20 | of Transportation; | ||||||
| 21 | (3) a county or municipal engineer who is a | ||||||
| 22 | registered professional engineer under the | ||||||
| 23 | Professional Engineering Practice Act of 1989, with an | ||||||
| 24 | engineer's signature and license number affixed; | ||||||
| 25 | (4) a municipal engineer who has completed | ||||||
| 26 | coursework that is sufficient for waiver valuations to | ||||||
| |||||||
| |||||||
| 1 | be approved by the Federal Highway Administration and | ||||||
| 2 | who is a registered professional engineer under the | ||||||
| 3 | Professional Engineering Practice Act of 1989; | ||||||
| 4 | (5) or (2) an employee of a county or municipality | ||||||
| 5 | that is and co-signed with a license number affixed by | ||||||
| 6 | its respective a county or municipal engineer who is a | ||||||
| 7 | registered professional engineer under the | ||||||
| 8 | Professional Engineering Practice Act of 1989, with a | ||||||
| 9 | license number affixed; | ||||||
| 10 | (6) an employee of a municipality who: | ||||||
| 11 | (A) has completed a minimum of 45 hours of | ||||||
| 12 | coursework in real estate appraisal, including the | ||||||
| 13 | principles of real estate appraisals, appraisal of | ||||||
| 14 | partial acquisitions, easement valuation, | ||||||
| 15 | reviewing appraisals in eminent domain, appraisal | ||||||
| 16 | for federal aid highway programs, and appraisal | ||||||
| 17 | review for federal aid highway programs; and | ||||||
| 18 | (B) has either 2 years of experience in a | ||||||
| 19 | field clearly related to real estate or has | ||||||
| 20 | completed 20 hours of additional coursework that | ||||||
| 21 | is sufficient for the employee to complete waiver | ||||||
| 22 | valuations as approved by the Federal Highway | ||||||
| 23 | Administration; or | ||||||
| 24 | (7) a nonresident appraiser licensed in another | ||||||
| 25 | jurisdiction who does not represent himself or herself | ||||||
| 26 | to be an Illinois-licensed appraiser; or and | ||||||
| |||||||
| |||||||
| 1 | (B) a waiver valuation waiver in an amount not to | ||||||
| 2 | exceed $50,000 that (1) is performed by a licensed | ||||||
| 3 | certified general real estate appraiser, a licensed | ||||||
| 4 | certified residential real estate appraiser, or an | ||||||
| 5 | associate real estate trainee appraiser employed by the | ||||||
| 6 | Illinois Department of Transportation, (2) includes the | ||||||
| 7 | signature and license numbers of the appraiser or the | ||||||
| 8 | trainee and the trainee's supervising appraiser, and (3) | ||||||
| 9 | is co-signed by an employee of the Illinois Department of | ||||||
| 10 | Transportation who is a registered professional engineer | ||||||
| 11 | under the Professional Engineering Practice Act of 1989, | ||||||
| 12 | with a license number affixed $20,000 prepared pursuant to | ||||||
| 13 | the federal Uniform Relocation Assistance and Real | ||||||
| 14 | Property Acquisition Policies Act of 1970, or prepared | ||||||
| 15 | pursuant to the federal Uniform Relocation Assistance and | ||||||
| 16 | Real Property Acquisition for Federal and | ||||||
| 17 | Federally-Assisted Programs regulations and which is | ||||||
| 18 | performed by a county or municipal engineer who is | ||||||
| 19 | employed by a county or municipality and is a registered | ||||||
| 20 | professional engineer under the Professional Engineering | ||||||
| 21 | Practice Act of 1989. The valuation shall include the | ||||||
| 22 | county or municipal engineer's signature and license | ||||||
| 23 | number. | ||||||
| 24 | Nothing in this subsection (e-5) shall be construed to | ||||||
| 25 | allow the State of Illinois, a political subdivision thereof, | ||||||
| 26 | or any public body to acquire real estate by eminent domain in | ||||||
| |||||||
| |||||||
| 1 | any manner other than provided for in the Eminent Domain Act. | ||||||
| 2 | Any person who is certified or licensed under this Act and | ||||||
| 3 | performs a waiver valuation in accordance with (1) the | ||||||
| 4 | requirements of this subsection (e-5) and (2) the federal | ||||||
| 5 | Uniform Relocation Assistance and Real Property Acquisition | ||||||
| 6 | Policies Act of 1970, as amended, or pursuant to the federal | ||||||
| 7 | Uniform Relocation Assistance and Real Property Acquisition | ||||||
| 8 | for Federal and Federally Assisted Programs regulations under | ||||||
| 9 | 49 CFR Part 24 shall be exempt from adherence to all relevant | ||||||
| 10 | provisions of the Uniform Standards of Professional Appraisal | ||||||
| 11 | Practice while conducting waiver valuations in accordance with | ||||||
| 12 | State and federal law. Nothing in this Act shall be construed | ||||||
| 13 | to exempt any person who is certified or licensed under this | ||||||
| 14 | Act from adhering to the Uniform Standards of Professional | ||||||
| 15 | Appraisal Practice while conducting appraisals in accordance | ||||||
| 16 | with this Act. | ||||||
| 17 | (f) A State real estate appraisal certification or license | ||||||
| 18 | is not required under this Act for any person, partnership, | ||||||
| 19 | association, or corporation that performs appraisals of | ||||||
| 20 | property owned by that person, partnership, association, or | ||||||
| 21 | corporation for the sole use of that person, partnership, | ||||||
| 22 | association, or corporation. | ||||||
| 23 | Any person who is certified or licensed under this Act and | ||||||
| 24 | who performs any of the activities set forth in this | ||||||
| 25 | subsection (f) must comply with the provisions of this Act. A | ||||||
| 26 | person who violates this subsection (f) is guilty of a Class A | ||||||
| |||||||
| |||||||
| 1 | misdemeanor for a first offense and a Class 4 felony for any | ||||||
| 2 | subsequent offense. | ||||||
| 3 | (g) This Act does not apply to an employee, officer, | ||||||
| 4 | director, or member of a credit or loan committee of a | ||||||
| 5 | financial institution or any other person engaged by a | ||||||
| 6 | financial institution when performing an evaluation of real | ||||||
| 7 | property for the sole use of the financial institution in a | ||||||
| 8 | transaction for which the financial institution would not be | ||||||
| 9 | required to use the services of a State licensed or State | ||||||
| 10 | certified appraiser pursuant to federal regulations adopted | ||||||
| 11 | under Title XI of the federal Financial Institutions Reform, | ||||||
| 12 | Recovery, and Enforcement Act of 1989. | ||||||
| 13 | (h) This Act does not apply to the procurement of an | ||||||
| 14 | automated valuation model. | ||||||
| 15 | (Source: P.A. 102-20, eff. 1-1-22.) | ||||||
| 16 | Section 15. The Illinois Highway Code is amended by | ||||||
| 17 | changing Section 4-501 as follows: | ||||||
| 18 | (605 ILCS 5/4-501) (from Ch. 121, par. 4-501) | ||||||
| 19 | Sec. 4-501. The Department, in its name, or any county may | ||||||
| 20 | acquire the fee simple title, or such lesser interest as may be | ||||||
| 21 | desired, to any public or private land, rights, or other | ||||||
| 22 | property necessary for the construction, maintenance or | ||||||
| 23 | operation of State highways, or necessary for locating, | ||||||
| 24 | relocating, extending, widening or straightening any State | ||||||
| |||||||
| |||||||
| 1 | highway, or necessary for locating, relocating, extending, | ||||||
| 2 | widening or straightening an existing street or for laying | ||||||
| 3 | out, establishing or opening a new street within the corporate | ||||||
| 4 | limits of any municipality which has been designated by the | ||||||
| 5 | Department as a street to form a part of or to connect with a | ||||||
| 6 | State highway leading up to the corporate limits of such | ||||||
| 7 | municipality, or necessary for any other purpose or use | ||||||
| 8 | contemplated by this Code by purchase or by the exercise of the | ||||||
| 9 | right of eminent domain under the eminent domain laws of this | ||||||
| 10 | State and the Department shall not be required, in any case, to | ||||||
| 11 | furnish bond. | ||||||
| 12 | When, in the judgment of the acquiring agency, it is more | ||||||
| 13 | practical and economical to acquire the fee to the | ||||||
| 14 | inaccessible remnants of the tracts of land from which | ||||||
| 15 | rights-of-way are being acquired than to pay severance | ||||||
| 16 | damages, such agency may do so by purchase or by an eminent | ||||||
| 17 | domain proceeding. | ||||||
| 18 | When a part of a parcel of land is to be taken for State | ||||||
| 19 | highway purposes and the accessible remnant is to be left in a | ||||||
| 20 | shape or condition rendering it of little value to the owner or | ||||||
| 21 | giving rise to claims for severance or other damages, upon | ||||||
| 22 | written request of the owner, the acquiring agency may take | ||||||
| 23 | the whole parcel and may sell or exchange the part not needed | ||||||
| 24 | for highway purposes. | ||||||
| 25 | When acquiring land for a highway on a new location, and | ||||||
| 26 | when a parcel of land one acre or less in area contains a | ||||||
| |||||||
| |||||||
| 1 | single family residence, which is in conformance with existing | ||||||
| 2 | zoning ordinances, and only a part of that parcel is required | ||||||
| 3 | for State highway purposes causing the remainder of the parcel | ||||||
| 4 | not to conform with the existing zoning ordinances, or when | ||||||
| 5 | the location of the right of way line of the proposed highway | ||||||
| 6 | reduces the distance from an existing single family residence | ||||||
| 7 | to the right of way line to 10 feet or less, the acquiring | ||||||
| 8 | agency shall, if the owner so demands, take the whole parcel by | ||||||
| 9 | negotiation or condemnation. The part not needed for highway | ||||||
| 10 | purposes may be rented, sold or exchanged by the acquiring | ||||||
| 11 | agency. | ||||||
| 12 | When any farm land is acquired for State highway purposes | ||||||
| 13 | by the exercise of the right of eminent domain, the rate of | ||||||
| 14 | compensation to be paid by the acquiring agency shall be | ||||||
| 15 | computed by taking into consideration the total acreage | ||||||
| 16 | originally involved in the farm land parcel, including that | ||||||
| 17 | portion of such parcel already part of a right of way for | ||||||
| 18 | highway purposes but for which legal title lies in the owner of | ||||||
| 19 | the parcel. | ||||||
| 20 | (Source: P.A. 81-536.) | ||||||
| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law.". | ||||||
