Bill Text: IL HB1020 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with changes. Deletes changes made to the Real Estate License Act of 2000 in the introduced bill. Provides that an appraiser shall not discriminate when preparing an appraisal of residential or commercial real estate. Provides that an appraiser discriminates when the appraiser considers the actual or perceived race, color, religion, sex, national origin, ancestry, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, familial status, source of income, or arrest record of the owner of the real estate or the residents of the geographic area in which the real estate is located when determining the market value of the real estate. Specifies that engaging in discrimination is grounds for disciplinary action. Makes technical changes concerning the remedies available under the Illinois Human Rights Act for a violation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2023-03-29 - Referred to Assignments [HB1020 Detail]

Download: Illinois-2023-HB1020-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Real Estate Appraiser Licensing Act of 2002
is amended by changing Section 15-10 and by adding Section
10-25 as follows:
(225 ILCS 458/10-25 new)
Sec. 10-25. Discrimination prohibited. An appraiser shall
not discriminate when preparing an appraisal of residential or
commercial real estate. For the purposes of this Section, an
appraiser discriminates when the appraiser considers the
actual or perceived race, color, religion, sex, national
origin, ancestry, age, order of protection status, marital
status, physical or mental disability, military status, sexual
orientation, pregnancy, unfavorable discharge from military
service, familial status, source of income, or arrest record
of the owner of the real estate or the residents of the
geographic area in which the real estate is located when
determining the market value of the real estate. In addition
to the disciplinary procedures set forth in Section 15-10, an
aggrieved party may commence a civil action alleging
discrimination in an appropriate circuit court not later than
2 years after the occurrence that constitutes discrimination

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under this Section. Such a civil action shall be subject to the
same procedures, rights, and remedies as a civil action
alleging a civil rights violation of Article 3 of the Illinois
Human Rights Act under Section 10-102 of the Illinois Human
Rights Act.
A civil action may also be initiated by the Attorney
General whenever the Attorney General has reasonable cause to
believe that an appraiser is engaged in a pattern and practice
of discrimination prohibited by this Section. Such a civil
action shall be subject to the same procedures, rights, and
remedies as a civil action alleging a civil rights violation
of Article 3 of the Illinois Human Rights Act under Section
10-104 of the Illinois Human Rights Act.
Prior to initiating a civil action, the Attorney General
shall conduct a preliminary investigation to determine whether
there is reasonable cause to believe that any person or group
of persons is engaged in a pattern and practice of
discrimination prohibited by this Section and whether the
dispute can be resolved without litigation. In conducting this
investigation, the Attorney General may: (i) require the
individual or entity to file a statement or report in writing,
under oath or otherwise, as to all information the Attorney
General may consider necessary; (ii) examine under oath any
person alleged to have participated in or with knowledge of
the alleged pattern and practice violation; or (iii) issue
subpoenas or conduct hearings in aid of any investigation.

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(225 ILCS 458/15-10)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-10. Grounds for disciplinary action.
(a) The Department may suspend, revoke, refuse to issue,
renew, or restore a license and may reprimand place on
probation or administrative supervision, or take any
disciplinary or non-disciplinary action, including imposing
conditions limiting the scope, nature, or extent of the real
estate appraisal practice of a licensee or reducing the
appraisal rank of a licensee, and may impose an administrative
fine not to exceed $25,000 for each violation upon a licensee
for any one or combination of the following:
(1) Procuring or attempting to procure a license by
knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2) Failing to meet the minimum qualifications for
licensure as an appraiser established by this Act.
(3) Paying money, other than for the fees provided for
by this Act, or anything of value to a member or employee
of the Board or the Department to procure licensure under
this Act.
(4) Conviction of, or plea of guilty or nolo

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contendere, as enumerated in subsection (e) of Section
5-22, under the laws of any jurisdiction of the United
States: (i) that is a felony, misdemeanor, or
administrative sanction or (ii) that is a crime that
subjects the licensee to compliance with the requirements
of the Sex Offender Registration Act.
(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with intent to substantially injure another person as
defined by rule.
(6) Violating a provision or standard for the
development or communication of real estate appraisals as
provided in Section 10-10 of this Act or as defined by
rule.
(7) Failing or refusing without good cause to exercise
reasonable diligence in developing, reporting, or
communicating an appraisal, as defined by this Act or by
rule.
(8) Violating a provision of this Act or the rules
adopted pursuant to this Act.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or the equivalent of one of the

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grounds for which a licensee may be disciplined under this
Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an appraisal assignment when the
employment itself is contingent upon the appraiser
reporting a predetermined estimate, analysis, or opinion
or when the fee to be paid is contingent upon the opinion,
conclusion, or valuation reached or upon the consequences
resulting from the appraisal assignment.
(12) Developing valuation conclusions based on the
race, color, religion, sex, national origin, ancestry,
age, marital status, family status, physical or mental
disability, sexual orientation, pregnancy, order of
protection status, military status, or unfavorable
military discharge, as defined under the Illinois Human
Rights Act, of the prospective or present owners or
occupants of the area or property under appraisal.
(13) Violating the confidential nature of government
records to which the licensee gained access through
employment or engagement as an appraiser by a government
agency.
(14) Being adjudicated liable in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil

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liability, the appraiser shall be afforded an opportunity
to present mitigating and extenuating circumstances, but
may not collaterally attack the civil adjudication.
(15) Being adjudicated liable in a civil proceeding
for violation of a state or federal fair housing law.
(16) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a real
estate appraisal or real estate organization of which the
licensee is not a member.
(17) Failing to fully cooperate with a Department
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(18) Failing to include within the certificate of
appraisal for all written appraisal reports the
appraiser's license number and licensure title. All
appraisers providing significant contribution to the
development and reporting of an appraisal must be
disclosed in the appraisal report. It is a violation of
this Act for an appraiser to sign a report, transmittal
letter, or appraisal certification knowing that a person
providing a significant contribution to the report has not
been disclosed in the appraisal report.
(19) Violating the terms of a disciplinary order or

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consent to administrative supervision order.
(20) Habitual or excessive use or addiction to
alcohol, narcotics, stimulants, or any other chemical
agent or drug that results in a licensee's inability to
practice with reasonable judgment, skill, or safety.
(21) A physical or mental illness or disability which
results in the inability to practice under this Act with
reasonable judgment, skill, or safety.
(22) Gross negligence in developing an appraisal or in
communicating an appraisal or failing to observe one or
more of the Uniform Standards of Professional Appraisal
Practice.
(23) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(24) Using or attempting to use the seal, certificate,
or license of another as one's own; falsely impersonating
any duly licensed appraiser; using or attempting to use an
inactive, expired, suspended, or revoked license; or
aiding or abetting any of the foregoing.
(25) Solicitation of professional services by using
false, misleading, or deceptive advertising.
(26) Making a material misstatement in furnishing
information to the Department.
(27) Failure to furnish information to the Department
upon written request.

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(28) Engaging in discrimination as provided in Section
10-25.
(b) The Department may reprimand suspend, revoke, or
refuse to issue or renew an education provider's license, may
reprimand, place on probation, or otherwise discipline an
education provider and may suspend or revoke the course
approval of any course offered by an education provider and
may impose an administrative fine not to exceed $25,000 upon
an education provider, for any of the following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, engaging in any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for
course approval as the provider of a qualifying curriculum

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course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.
(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department or to a student as
may be required by rule.
(11) Failing to fully cooperate with an investigation
by the Department by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(c) In appropriate cases, the Department may resolve a
complaint against a licensee through the issuance of a Consent
to Administrative Supervision order. A licensee subject to a
Consent to Administrative Supervision order shall be
considered by the Department as an active licensee in good
standing. This order shall not be reported or considered by
the Department to be a discipline of the licensee. The records

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regarding an investigation and a Consent to Administrative
Supervision order shall be considered confidential and shall
not be released by the Department except as mandated by law. A
complainant shall be notified if the complaint has been
resolved by a Consent to Administrative Supervision order.
(Source: P.A. 102-20, eff. 1-1-22.)