Bill Text: IL HB2956 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Creates the Appraisal Management Company Registration Act. Provides for registration of appraisal management companies with the Department of Financial and Professional Regulation. Beginning January 1, 2012, provides that it is unlawful for a person or entity to act or assume to act as an appraisal management company as defined in this Act, to engage in the business of appraisal management service, or to advertise or hold himself or herself out to be a registered appraisal management company without first obtaining a certificate of registration issued by the Department under this Act. Includes provisions concerning exemption from the Act. Provides that persons practicing as an appraisal management company in Illinois on the effective date of the Act may continue to practice until the Department has adopted rules implementing the Act. Provides that persons shall apply for registration within 180 days after the effective date of the rules and the person may continue to practice until the Department acts to grant or deny registration. Provides that each entity registered under this Act shall designate a controlling person who is responsible to assure that the company operates in compliance with this Act. Sets forth the powers and duties of the Department, registration qualifications, grounds for discipline, civil and criminal penalties, and administrative procedure. Sets forth provisions concerning standards of practice and prohibited activities. Preempts home rule. Effective immediately.
Sponsorship: Bipartisan Bill
Status: (Failed) 2013-01-08 - Session Sine Die [HB2956 Detail]
Download: Illinois-2011-HB2956-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 2956
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| 2 | AMENDMENT NO. ______. Amend House Bill 2956, AS AMENDED, by | ||||||
| 3 | replacing everything after the enacting clause with the | ||||||
| 4 | following:
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| 5 | "Section 5. The Counties Code is amended by adding Section | ||||||
| 6 | 5-12001.2 as follows:
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| 7 | (55 ILCS 5/5-12001.2 new) | ||||||
| 8 | Sec. 5-12001.2. Regulation of a telecommunications | ||||||
| 9 | facilities; Lake County. | ||||||
| 10 | In addition to any other requirements under this Division | ||||||
| 11 | concerning the regulation of telecommunications facilities, | ||||||
| 12 | the following applies to any new telecommunications facilities | ||||||
| 13 | in Lake County: | ||||||
| 14 | (a) For every new wireless telecommunications facility | ||||||
| 15 | requiring a new tower structure, a telecommunications carrier | ||||||
| 16 | shall provide the county with documentation consisting of the | ||||||
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| 1 | proposed location, a site plan, and an elevation that | ||||||
| 2 | sufficiently describes a proposed wireless facility location. | ||||||
| 3 | (b) The county shall have 7 days to review the facility | ||||||
| 4 | proposal and contact the telecommunications carrier in writing | ||||||
| 5 | via e-mail or other written means as specified by the | ||||||
| 6 | telecommunications carrier. This written communication shall | ||||||
| 7 | either approve the proposed location or request a meeting to | ||||||
| 8 | review other possible alternative locations. If requested, the | ||||||
| 9 | meeting shall take place within 7 days after the date of the | ||||||
| 10 | written communication. | ||||||
| 11 | (c) At the meeting, the telecommunications carrier shall | ||||||
| 12 | provide the county documentation consisting of radio frequency | ||||||
| 13 | engineering criteria and a corresponding telecommunications | ||||||
| 14 | facility search ring map, together with documentation of the | ||||||
| 15 | carrier's efforts to site the proposed facility within the | ||||||
| 16 | telecommunications facility search ring. | ||||||
| 17 | (d) Within 21 days after receipt of the carrier's | ||||||
| 18 | documentation, the county shall propose either an alternative | ||||||
| 19 | site within the telecommunications facility search ring, or an | ||||||
| 20 | alternative site outside of the telecommunications search ring | ||||||
| 21 | that meets the radio frequency engineering criteria provided by | ||||||
| 22 | the telecommunications carrier and that will not materially | ||||||
| 23 | increase the construction budget beyond what was estimated on | ||||||
| 24 | the original carrier proposed site. | ||||||
| 25 | (e) If the county's proposed alternative site meets the | ||||||
| 26 | radio frequency engineering criteria provided by the | ||||||
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| 1 | telecommunications carrier, and will not materially increase | ||||||
| 2 | the construction budget beyond what was estimated on the | ||||||
| 3 | original carrier proposed site, then the telecommunications | ||||||
| 4 | carrier shall agree to build the facility at the alternative | ||||||
| 5 | location, subject to the negotiation of a lease with | ||||||
| 6 | commercially reasonable terms and the obtainment of the | ||||||
| 7 | customary building permits. | ||||||
| 8 | (f) If the telecommunications carrier can demonstrate | ||||||
| 9 | that: (i) the county's proposed alternative site does not meet | ||||||
| 10 | the radio frequency engineering criteria, (ii) the county's | ||||||
| 11 | proposed alternative site will materially increase the | ||||||
| 12 | construction budget beyond what was estimated on the original | ||||||
| 13 | carrier proposed site, (iii) the county has failed to provide | ||||||
| 14 | an alternate site, or (iv) after a period of 90 days after | ||||||
| 15 | receipt of the alternative site the telecommunications carrier | ||||||
| 16 | has failed, after acting in good faith and with due diligence, | ||||||
| 17 | to obtain a lease or at a minimum, a letter of intent to lease | ||||||
| 18 | the alternative site at lease rates not materially greater than | ||||||
| 19 | the lease rate for the original proposed site; then the carrier | ||||||
| 20 | can proceed to permit and construct the site under the | ||||||
| 21 | provisions and standards of Section 5-12001.1 of this Code.
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| 22 | Section 99. Effective date. This Act takes effect upon | ||||||
| 23 | becoming law.".
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