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: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB2396 Detail]

Download: Illinois-2017-HB2396-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2396

Introduced , by Rep. Keith P. Sommer

SYNOPSIS AS INTRODUCED:
225 ILCS 458/25-10

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.
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A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Real Estate Appraiser Licensing Act of 2002
5is amended by changing Section 25-10 as follows:
6 (225 ILCS 458/25-10)
7 (Section scheduled to be repealed on January 1, 2022)
8 Sec. 25-10. Real Estate Appraisal Administration and
9Disciplinary Board; appointment.
10 (a) There is hereby created the Real Estate Appraisal
11Administration and Disciplinary Board. The Board shall be
12composed of 10 persons appointed by the Governor, plus the
13Coordinator of the Real Estate Appraisal Division. Members
14shall be appointed to the Board subject to the following
15conditions:
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.
19 (2) The appointed membership of the Board should
20 reasonably reflect the geographic distribution of the
21 population of the State.
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
2 years.
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.
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.
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.
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.
26 In making appointments as provided in paragraphs (3) and

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1(4) of this subsection, the Governor shall give due
2consideration to recommendations by members and organizations
3representing the profession.
4 In making the appointments as provided in paragraph (5) of
5this subsection, the Governor shall give due consideration to
6the recommendations by members and organizations representing
7the real estate industry.
8 In making the appointment as provided in paragraph (6) of
9this subsection, the Governor shall give due consideration to
10the recommendations by members and organizations representing
11financial institutions.
12 (b) The term for members of the Board shall be 4 years, and
13each member shall serve until his or her successor is appointed
14and qualified.
15 (c) The Governor may terminate the appointment of a member
16for cause that, in the opinion of the Governor, reasonably
17justifies the termination. Cause for termination may include,
18without limitation, misconduct, incapacity, neglect of duty,
19or missing 4 Board meetings during any one calendar year.
20 (d) A majority of the Board members shall constitute a
21quorum. A vacancy in the membership of the Board shall not
22impair the right of a quorum to exercise all of the rights and
23perform all of the duties of the Board.
24 (e) The Board shall meet at least quarterly and may be
25convened by the Chairperson, Vice-Chairperson, or 3 members of
26the Board upon 10 days written notice.

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1 (f) The Board shall, annually at the first meeting of the
2fiscal year, elect a Chairperson and Vice-Chairperson from its
3members. The Chairperson shall preside over the meetings and
4shall coordinate with the Coordinator in developing and
5distributing an agenda for each meeting. In the absence of the
6Chairperson, the Vice-Chairperson shall preside over the
7meeting.
8 (g) The Coordinator of the Real Estate Appraisal Division
9shall serve as a member of the Board without vote.
10 (h) The Board shall advise and make recommendations to the
11Department on the education and experience qualifications of
12any applicant for initial licensure as a State certified
13general real estate appraiser or a State certified residential
14real estate appraiser. The Department shall not make any
15decisions concerning education or experience qualifications of
16an applicant for initial licensure as a State certified general
17real estate appraiser or a State certified residential real
18estate appraiser without having first received the advice and
19recommendation of the Board and shall give due consideration to
20all such advice and recommendations; however, if the Board does
21not render advice or make a recommendation within a reasonable
22amount of time, then the Department may render a decision.
23 (i) Except as provided in Section 15-17 of this Act, the
24Board shall hear and make recommendations to the Secretary on
25disciplinary matters that require a formal evidentiary
26hearing. The Secretary shall give due consideration to the

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1recommendations of the Board involving discipline and
2questions involving standards of professional conduct of
3licensees.
4 (j) The Department shall seek and the Board shall provide
5recommendations to the Department consistent with the
6provisions of this Act and for the administration and
7enforcement of all rules adopted pursuant to this Act. The
8Department shall give due consideration to such
9recommendations prior to adopting rules.
10 (k) The Department shall seek and the Board shall provide
11recommendations to the Department on the approval of all
12courses submitted to the Department pursuant to this Act and
13the rules adopted pursuant to this Act. The Department shall
14not approve any courses without having first received the
15recommendation of the Board and shall give due consideration to
16such recommendations prior to approving and licensing courses;
17however, if the Board does not make a recommendation within a
18reasonable amount of time, then the Department may approve
19courses.
20 (l) Each voting member of the Board shall receive a per
21diem stipend in an amount to be determined by the Secretary.
22Each member shall be paid his or her necessary expenses while
23engaged in the performance of his or her duties.
24 (m) Members of the Board shall be immune from suit in an
25action based upon any disciplinary proceedings or other acts
26performed in good faith as members of the Board.

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1 (n) If the Department disagrees with any advice or
2recommendation provided by the Board under this Section to the
3Secretary or the Department, then notice of such disagreement
4must be provided to the Board by the Department.
5 (o) Upon resolution adopted at any Board meeting, the
6exercise of any Board function, power, or duty enumerated in
7this Section or in subsection (d) of Section 15-10 of this Act
8may be suspended. The exercise of any suspended function,
9power, or duty of the Board may be reinstated by a resolution
10adopted at a subsequent Board meeting. Any resolution adopted
11pursuant to this Section shall take effect immediately.
12(Source: P.A. 98-1109, eff. 1-1-15.)
13 Section 99. Effective date. This Act takes effect upon
14becoming law.
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