Bill Text: IL HB2396 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Real Estate Appraiser Licensing Act of 2002. Increases the number of appointed members to the Real Estate Appraisal Administration and Disciplinary Board who shall have been actively engaged and currently licensed as a State certified general real estate appraiser for a period of not less than 5 years from 4 to 6. Removes 2 members who hold valid licenses as real estate brokers in addition to real estate appraiser licenses. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB2396 Detail]
Download: Illinois-2017-HB2396-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Real Estate Appraiser Licensing Act of 2002 | |||||||||||||||||||
5 | is amended by changing Section 25-10 as follows:
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6 | (225 ILCS 458/25-10)
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7 | (Section scheduled to be repealed on January 1, 2022)
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8 | Sec. 25-10. Real Estate Appraisal Administration and | |||||||||||||||||||
9 | Disciplinary Board; appointment.
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10 | (a) There is hereby created the Real Estate Appraisal | |||||||||||||||||||
11 | Administration and Disciplinary Board. The Board
shall be | |||||||||||||||||||
12 | composed of 10 persons appointed by the Governor, plus the | |||||||||||||||||||
13 | Coordinator
of
the Real Estate Appraisal Division. Members | |||||||||||||||||||
14 | shall be appointed to the Board
subject to the following | |||||||||||||||||||
15 | conditions:
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16 | (1) All appointed members shall have been residents and | |||||||||||||||||||
17 | citizens of this
State for
at least 5 years prior
to the | |||||||||||||||||||
18 | date of appointment.
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19 | (2) The appointed membership of the Board should | |||||||||||||||||||
20 | reasonably reflect the
geographic
distribution of the
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21 | population of the State.
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22 | (3) Six Four appointed members shall have been actively | |||||||||||||||||||
23 | engaged and currently
licensed as
State
certified general |
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1 | real estate appraisers for a period of not less than 5
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2 | years.
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3 | (4)
Two appointed members shall have been actively | ||||||
4 | engaged and currently
licensed as
State
certified | ||||||
5 | residential real estate appraisers for a period of
not less | ||||||
6 | than 5 years.
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7 | (5) (Blank).
Two appointed members shall hold a valid | ||||||
8 | license as a
real estate
broker for at least 10 years prior | ||||||
9 | to the date of the appointment, one of whom
shall hold a | ||||||
10 | valid
State certified general real estate appraiser | ||||||
11 | license issued under this Act or a predecessor Act for a | ||||||
12 | period of at
least 5 years prior to the appointment and one | ||||||
13 | of whom shall hold a valid State certified residential real | ||||||
14 | estate appraiser license issued under this Act or a | ||||||
15 | predecessor Act for a period of at
least 5 years prior to | ||||||
16 | the appointment.
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17 | (6) One appointed member shall be a representative of a | ||||||
18 | financial
institution, as evidenced by his or her | ||||||
19 | employment with a financial
institution.
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20 | (7) One appointed member shall represent the interests | ||||||
21 | of the general
public. This member or his or her spouse | ||||||
22 | shall not be licensed under this Act
nor be employed by or | ||||||
23 | have any interest in an appraisal business, appraisal | ||||||
24 | management company, real estate
brokerage business, or a | ||||||
25 | financial institution.
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26 | In making appointments as
provided in paragraphs (3) and |
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1 | (4) of this subsection, the Governor shall
give due | ||||||
2 | consideration to recommendations by members and organizations
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3 | representing the profession.
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4 | In making the appointments as
provided in paragraph (5) of | ||||||
5 | this subsection, the Governor shall give
due consideration to | ||||||
6 | the recommendations by members and organizations
representing | ||||||
7 | the real estate industry.
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8 | In making the appointment as provided
in paragraph (6) of | ||||||
9 | this subsection, the Governor
shall give due consideration to | ||||||
10 | the recommendations by members and
organizations representing | ||||||
11 | financial institutions.
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12 | (b) The term for members of the Board shall be 4 years, and | ||||||
13 | each member shall serve until his or her successor is appointed | ||||||
14 | and qualified.
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15 | (c) The Governor may terminate the appointment of a member | ||||||
16 | for cause that,
in
the opinion of the Governor, reasonably | ||||||
17 | justifies the termination. Cause for
termination may include, | ||||||
18 | without limitation, misconduct, incapacity, neglect of
duty, | ||||||
19 | or missing 4 Board meetings during any one calendar year.
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20 | (d) A majority of the Board members shall constitute a
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21 | quorum. A vacancy in the membership of the Board shall not | ||||||
22 | impair the right of
a quorum to exercise all of the rights and | ||||||
23 | perform all of the duties of the
Board.
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24 | (e) The Board shall meet at least quarterly and may be | ||||||
25 | convened
by the Chairperson, Vice-Chairperson, or 3 members of | ||||||
26 | the Board upon 10 days
written notice.
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1 | (f) The Board shall, annually at the first meeting of the | ||||||
2 | fiscal year,
elect a Chairperson and Vice-Chairperson from its
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3 | members. The Chairperson shall preside over the meetings and | ||||||
4 | shall coordinate
with the Coordinator
in developing and | ||||||
5 | distributing an agenda for each meeting. In the absence of
the | ||||||
6 | Chairperson, the Vice-Chairperson shall preside over the | ||||||
7 | meeting.
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8 | (g) The Coordinator
of the Real Estate Appraisal Division | ||||||
9 | shall serve as
a member of the Board without vote.
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10 | (h) The Board shall advise and make recommendations to
the | ||||||
11 | Department
on the education and experience qualifications of | ||||||
12 | any applicant for initial licensure as a State certified | ||||||
13 | general real estate appraiser or a State certified residential | ||||||
14 | real estate appraiser. The Department shall not make any | ||||||
15 | decisions concerning education or experience qualifications of | ||||||
16 | an applicant for initial licensure as a State certified general | ||||||
17 | real estate appraiser or a State certified residential real | ||||||
18 | estate appraiser without having first received the advice and | ||||||
19 | recommendation of the Board and
shall give due consideration to | ||||||
20 | all
such advice and recommendations; however, if the Board does | ||||||
21 | not render advice or make a recommendation within a reasonable | ||||||
22 | amount of time, then the Department may render a decision.
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23 | (i) Except as provided in Section 15-17 of this Act, the
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24 | Board shall hear and make recommendations to the
Secretary
on
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25 | disciplinary matters
that require a formal evidentiary | ||||||
26 | hearing. The Secretary
shall give due
consideration to the
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1 | recommendations of the Board involving discipline and | ||||||
2 | questions involving
standards of professional
conduct of | ||||||
3 | licensees.
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4 | (j) The Department shall seek and the Board shall provide
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5 | recommendations to the Department
consistent with the
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6 | provisions
of this Act and for the administration and | ||||||
7 | enforcement of all
rules adopted
pursuant to this Act. The | ||||||
8 | Department
shall give due consideration to
such
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9 | recommendations
prior to adopting rules.
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10 | (k) The Department shall seek and the Board shall provide
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11 | recommendations to the Department
on the approval of all | ||||||
12 | courses
submitted to the Department
pursuant to this Act and | ||||||
13 | the rules adopted pursuant to this Act. The Department shall | ||||||
14 | not approve any courses without having first received the | ||||||
15 | recommendation of the Board and
shall
give due consideration to | ||||||
16 | such
recommendations
prior to approving and licensing courses; | ||||||
17 | however, if the Board does not make a recommendation within a | ||||||
18 | reasonable amount of time, then the Department may approve | ||||||
19 | courses.
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20 | (l) Each voting member of the Board shall receive a per | ||||||
21 | diem stipend in an
amount
to be determined by the Secretary. | ||||||
22 | Each member shall be paid his or her necessary expenses while
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23 | engaged in the
performance of his or her duties.
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24 | (m) Members of the Board shall be immune from suit in an | ||||||
25 | action based upon
any disciplinary
proceedings or other acts | ||||||
26 | performed in good faith as members of the Board.
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1 | (n) If the Department disagrees with any advice or | ||||||
2 | recommendation provided by the Board under this Section to the | ||||||
3 | Secretary or the Department, then notice of such disagreement | ||||||
4 | must be provided to the Board by the Department.
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5 | (o) Upon resolution adopted at any Board meeting, the | ||||||
6 | exercise of any Board function, power, or duty enumerated in | ||||||
7 | this Section or in subsection (d) of Section 15-10 of this Act | ||||||
8 | may be suspended. The exercise of any suspended function, | ||||||
9 | power, or duty of the Board may be reinstated by a resolution | ||||||
10 | adopted at a subsequent Board meeting. Any resolution adopted | ||||||
11 | pursuant to this Section shall take effect immediately.
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12 | (Source: P.A. 98-1109, eff. 1-1-15 .)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.
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