Bill Text: IL HB5505 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Auction License Act, the Community Association Manager Licensing and Disciplinary Act, the Real Estate License Act of 2000, and the Real Estate Appraiser Licensing Act of 2002. Makes changes to the terms for members of the Auction Advisory Board, the Community Association Manager Licensing and Disciplinary Board, the Real Estate Administration and Disciplinary Board, and the Real Estate Appraisal Administration and Disciplinary Board. Provides that the members' terms shall be for 4 years and the term expires upon completion of the term. Provides that members of the Community Association Manager Licensing and Disciplinary Board that are serving on the Board on the effective date of the amendatory Act may serve the remainder of their unexpired terms. Provides that no member of the Real Estate Administration and Disciplinary Board shall be reappointed to the Board for a term that would cause his or her cumulative service to the Board to exceed 10 years (rather than 12 years). Makes changes to the appointment process for vacancies on the Auction Advisory Board, the Community Association Manager Licensing and Disciplinary Board, and the Real Estate Appraisal Administration and Disciplinary Board. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5505 Detail]

Download: Illinois-2017-HB5505-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5505 Introduced , by Rep. Tony McCombie SYNOPSIS AS INTRODUCED:
225 ILCS 407/30-30
225 ILCS 427/25
225 ILCS 454/25-10
225 ILCS 458/25-10
Amends the Auction License Act, the Community Association Manager Licensing and Disciplinary Act, the Real Estate License Act of 2000, and the Real Estate Appraiser Licensing Act of 2002. Makes changes to the terms for members of the Auction Advisory Board, the Community Association Manager Licensing and Disciplinary Board, the Real Estate Administration and Disciplinary Board, and the Real Estate Appraisal Administration and Disciplinary Board. Provides that the members' terms shall be for 4 years and the term expires upon completion of the term. Provides that the Community Association Manager Licensing and Disciplinary Board that are serving on the Board on the effective date of the amendatory Act may serve the remainder of their unexpired terms. Provides that no member of the Real Estate Administration and Disciplinary Board shall be reappointed to the Board for a term that would cause his or her cumulative service to the Board to exceed 10 years (rather than 12 years). Makes changes to the appointment process for vacancies on the Auction Advisory Board, the Community Association Manager Licensing and Disciplinary Board, and the Real Estate Appraisal Administration and Disciplinary Board. Effective immediately.
LRB100 17554 XWW 32724 b
A BILL FOR
HB5505 LRB100 17554 XWW 32724 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Auction License Act is amended by changing
Section 30-30 as follows:
(225 ILCS 407/30-30)
(Section scheduled to be repealed on January 1, 2020)
Sec. 30-30. Auction Advisory Board.
(a) There is hereby created the Auction Advisory Board. The
Advisory Board shall consist of 7 members and shall be
appointed by the Secretary. In making the appointments, the
Secretary shall give due consideration to the recommendations
by members and organizations of the industry, including but not
limited to the Illinois State Auctioneers Association. Five
members of the Advisory Board shall be licensed auctioneers,
except that for the initial appointments, these members may be
persons without a license, but who have been auctioneers for at
least 5 years preceding their appointment to the Advisory
Board. One member shall be a public member who represents the
interests of consumers and who is not licensed under this Act
or the spouse of a person licensed under this Act or who has
any responsibility for management or formation of policy of or
any financial interest in the auctioneering profession or any

HB5505 - 2 - LRB100 17554 XWW 32724 b
other connection with the profession. One member shall be
actively engaged in the real estate industry and licensed as a
broker or salesperson. The Advisory Board shall annually elect
one of its members to serve as Chairperson.
(b) The members' terms shall be for 4 years and expire upon
completion of the term. No member shall be reappointed to the
Board for a term that would cause his or her cumulative service
to the Board to exceed 10 years. Appointments to fill vacancies
shall be made by the Secretary for the unexpired portion of the
term. Members shall be appointed for a term of 4 years, except
that of the initial appointments, 3 members shall be appointed
to serve a term of 3 years and 4 members shall be appointed to
serve a term of 4 years. The Secretary shall fill a vacancy for
the remainder of any unexpired term. Each member shall serve on
the Advisory Board until his or her successor is appointed and
qualified. No person shall be appointed to serve more than 2
terms, including the unexpired portion of a term due to
vacancy. To the extent practicable, the Secretary shall appoint
members to ensure insure that the various geographic regions of
the State are properly represented on the Advisory Board.
(c) Four Board members shall constitute a quorum. A quorum
is required for all Board decisions.
(d) Each member of the Advisory Board shall receive a per
diem stipend in an amount to be determined by the Secretary.
Each member shall be paid his or her necessary expenses while
engaged in the performance of his or her duties.

HB5505 - 3 - LRB100 17554 XWW 32724 b
(e) Members of the Advisory Board shall be immune from suit
in an action based upon any disciplinary proceedings or other
acts performed in good faith as members of the Advisory Board.
(f) The Advisory Board shall meet as convened by the
Department.
(g) The Advisory Board shall advise the Department on
matters of licensing and education and make recommendations to
the Department on those matters and shall hear and make
recommendations to the Secretary on disciplinary matters that
require a formal evidentiary hearing.
(h) The Secretary shall give due consideration to all
recommendations of the Advisory Board.
(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
Section 10. The Community Association Manager Licensing
and Disciplinary Act is amended by changing Section 25 as
follows:
(225 ILCS 427/25)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25. Community Association Manager Licensing and
Disciplinary Board.
(a) There is hereby created the Community Association
Manager Licensing and Disciplinary Board, which shall consist
of 7 members appointed by the Secretary. All members must be
residents of the State and must have resided in the State for

HB5505 - 4 - LRB100 17554 XWW 32724 b
at least 5 years immediately preceding the date of appointment.
Five members of the Board must be licensees under this Act, at
least two members of which shall be supervising community
association managers. Two members of the Board shall be owners
of, or hold a shareholder's interest in, a unit in a community
association at the time of appointment who are not licensees
under this Act and have no direct affiliation or work
experience with the community association's community
association manager. This Board shall act in an advisory
capacity to the Department.
(b) Members serving on the Board on the effective date of
this amendatory Act of the 100th General Assembly may serve the
remainder of their unexpired terms. Thereafter, the members'
terms shall be for 4 years and expire upon completion of the
term. No member shall be reappointed to the Board for a term
that would cause his or her cumulative service to the Board to
exceed 10 years. Appointments to fill vacancies shall be made
by the Secretary for the unexpired portion of the term. Board
members shall serve for terms of 5 years, except that,
initially, 4 members shall serve for 5 years and 3 members
shall serve for 4 years. All members shall serve until his or
her successor is appointed and qualified. All vacancies shall
be filled in like manner for the unexpired term. No member
shall serve for more than 2 successive terms. The Secretary
shall remove from the Board any member whose license has become
void or has been revoked or suspended and may remove any member

HB5505 - 5 - LRB100 17554 XWW 32724 b
of the Board for neglect of duty, misconduct, or incompetence.
A member who is subject to formal disciplinary proceedings
shall disqualify himself or herself from all Board business
until the charge is resolved. A member also shall disqualify
himself or herself from any matter on which the member cannot
act objectively.
(c) Four Board members shall constitute a quorum. A quorum
is required for all Board decisions.
(d) The Board shall elect annually a chairperson and vice
chairperson.
(e) Each member shall receive reimbursement as set by the
Governor's Travel Control Board for expenses incurred in
carrying out the duties as a Board member. The Board shall be
compensated as determined by the Secretary.
(f) The Board may recommend policies, procedures, and rules
relevant to the administration and enforcement of this Act.
(Source: P.A. 98-365, eff. 1-1-14.)
Section 15. The Real Estate License Act of 2000 is amended
by changing Section 25-10 as follows:
(225 ILCS 454/25-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25-10. Real Estate Administration and Disciplinary
Board; duties. There is created the Real Estate Administration
and Disciplinary Board. The Board shall be composed of 15

HB5505 - 6 - LRB100 17554 XWW 32724 b
persons appointed by the Governor. Members shall be appointed
to the Board subject to the following conditions:
(1) All members shall have been residents and citizens
of this State for at least 6 years prior to the date of
appointment.
(2) Twelve members shall have been actively engaged as
managing brokers or brokers or both for at least the 10
years prior to the appointment, 2 of whom must possess an
active pre-license instructor license.
(3) Three members of the Board shall be public members
who represent consumer interests.
None of these members shall be (i) a person who is licensed
under this Act or a similar Act of another jurisdiction, (ii)
the spouse or family member of a licensee, (iii) a person who
has an ownership interest in a real estate brokerage business,
or (iv) a person the Department determines to have any other
connection with a real estate brokerage business or a licensee.
The members' terms shall be for 4 years and expire upon
completion of the term or until their successor is appointed,
and the expiration of their terms shall be staggered. No member
shall be reappointed to the Board for a term that would cause
his or her cumulative service to the Board to exceed 10 12
years. Appointments to fill vacancies shall be for the
unexpired portion of the term. Those members of the Board that
satisfy the requirements of paragraph (2) shall be chosen in a
manner such that no area of the State shall be unreasonably

HB5505 - 7 - LRB100 17554 XWW 32724 b
represented. In making the appointments, the Governor shall
give due consideration to the recommendations by members and
organizations of the profession. The Governor may terminate the
appointment of any member for cause that in the opinion of the
Governor reasonably justifies the termination. Cause for
termination shall include without limitation misconduct,
incapacity, neglect of duty, or missing 4 board meetings during
any one calendar year. Each member of the Board may receive a
per diem stipend in an amount to be determined by the
Secretary. Each member shall be paid his or her necessary
expenses while engaged in the performance of his or her duties.
Such compensation and expenses shall be paid out of the Real
Estate License Administration Fund. The Secretary shall
consider the recommendations of the Board on questions
involving standards of professional conduct, discipline,
education, and policies and procedures under this Act. With
regard to this subject matter, the Secretary may establish
temporary or permanent committees of the Board and may consider
the recommendations of the Board on matters that include, but
are not limited to, criteria for the licensing and renewal of
education providers, pre-license and continuing education
instructors, pre-license and continuing education curricula,
standards of educational criteria, and qualifications for
licensure and renewal of professions, courses, and
instructors. The Department, after notifying and considering
the recommendations of the Board, if any, may issue rules,

HB5505 - 8 - LRB100 17554 XWW 32724 b
consistent with the provisions of this Act, for the
administration and enforcement thereof and may prescribe forms
that shall be used in connection therewith. Eight Board members
shall constitute a quorum. A quorum is required for all Board
decisions.
(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18.)
Section 20. The Real Estate Appraiser Licensing Act of 2002
is amended by changing Section 25-10 as follows:
(225 ILCS 458/25-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-10. Real Estate Appraisal Administration and
Disciplinary Board; appointment.
(a) There is hereby created the Real Estate Appraisal
Administration and Disciplinary Board. The Board shall be
composed of 10 persons appointed by the Governor, plus the
Coordinator of the Real Estate Appraisal Division. Members
shall be appointed to the Board subject to the following
conditions:
(1) All appointed members shall have been residents and
citizens of this State for at least 5 years prior to the
date of appointment.
(2) The appointed membership of the Board should
reasonably reflect the geographic distribution of the
population of the State.

HB5505 - 9 - LRB100 17554 XWW 32724 b
(3) Four appointed members shall have been actively
engaged and currently licensed as State certified general
real estate appraisers for a period of not less than 5
years.
(4) Two appointed members shall have been actively
engaged and currently licensed as State certified
residential real estate appraisers for a period of not less
than 5 years.
(5) Two appointed members shall hold a valid license as
a real estate broker for at least 10 years prior to the
date of the appointment, one of whom shall hold a valid
State certified general real estate appraiser license
issued under this Act or a predecessor Act for a period of
at least 5 years prior to the appointment and one of whom
shall hold a valid State certified residential real estate
appraiser license issued under this Act or a predecessor
Act for a period of at least 5 years prior to the
appointment.
(6) One appointed member shall be a representative of a
financial institution, as evidenced by his or her
employment with a financial institution.
(7) One appointed member shall represent the interests
of the general public. This member or his or her spouse
shall not be licensed under this Act nor be employed by or
have any interest in an appraisal business, appraisal
management company, real estate brokerage business, or a

HB5505 - 10 - LRB100 17554 XWW 32724 b
financial institution.
In making appointments as provided in paragraphs (3) and
(4) of this subsection, the Governor shall give due
consideration to recommendations by members and organizations
representing the profession.
In making the appointments as provided in paragraph (5) of
this subsection, the Governor shall give due consideration to
the recommendations by members and organizations representing
the real estate industry.
In making the appointment as provided in paragraph (6) of
this subsection, the Governor shall give due consideration to
the recommendations by members and organizations representing
financial institutions.
(b) The members' terms shall be for 4 years and expire upon
completion of the term. No member shall be reappointed to the
Board for a term that would cause his or her cumulative service
to the Board to exceed 10 years. Appointments to fill vacancies
shall be for the unexpired portion of the term. The term for
members of the Board shall be 4 years, and each member shall
serve until his or her successor is appointed and qualified.
(c) The Governor may terminate the appointment of a member
for cause that, in the opinion of the Governor, reasonably
justifies the termination. Cause for termination may include,
without limitation, misconduct, incapacity, neglect of duty,
or missing 4 Board meetings during any one calendar year.
(d) A majority of the Board members shall constitute a

HB5505 - 11 - LRB100 17554 XWW 32724 b
quorum. A vacancy in the membership of the Board shall not
impair the right of a quorum to exercise all of the rights and
perform all of the duties of the Board.
(e) The Board shall meet at least quarterly and may be
convened by the Chairperson, Vice-Chairperson, or 3 members of
the Board upon 10 days written notice.
(f) The Board shall, annually at the first meeting of the
fiscal year, elect a Chairperson and Vice-Chairperson from its
members. The Chairperson shall preside over the meetings and
shall coordinate with the Coordinator in developing and
distributing an agenda for each meeting. In the absence of the
Chairperson, the Vice-Chairperson shall preside over the
meeting.
(g) The Coordinator of the Real Estate Appraisal Division
shall serve as a member of the Board without vote.
(h) The Board shall advise and make recommendations to the
Department on the education and experience qualifications of
any applicant for initial licensure as a State certified
general real estate appraiser or a State certified residential
real estate appraiser. The Department shall not make any
decisions concerning education or experience qualifications of
an applicant for initial licensure as a State certified general
real estate appraiser or a State certified residential real
estate appraiser without having first received the advice and
recommendation of the Board and shall give due consideration to
all such advice and recommendations; however, if the Board does

HB5505 - 12 - LRB100 17554 XWW 32724 b
not render advice or make a recommendation within a reasonable
amount of time, then the Department may render a decision.
(i) Except as provided in Section 15-17 of this Act, the
Board shall hear and make recommendations to the Secretary on
disciplinary matters that require a formal evidentiary
hearing. The Secretary shall give due consideration to the
recommendations of the Board involving discipline and
questions involving standards of professional conduct of
licensees.
(j) The Department shall seek and the Board shall provide
recommendations to the Department consistent with the
provisions of this Act and for the administration and
enforcement of all rules adopted pursuant to this Act. The
Department shall give due consideration to such
recommendations prior to adopting rules.
(k) The Department shall seek and the Board shall provide
recommendations to the Department on the approval of all
courses submitted to the Department pursuant to this Act and
the rules adopted pursuant to this Act. The Department shall
not approve any courses without having first received the
recommendation of the Board and shall give due consideration to
such recommendations prior to approving and licensing courses;
however, if the Board does not make a recommendation within a
reasonable amount of time, then the Department may approve
courses.
(l) Each voting member of the Board shall receive a per

HB5505 - 13 - LRB100 17554 XWW 32724 b
diem stipend in an amount to be determined by the Secretary.
Each member shall be paid his or her necessary expenses while
engaged in the performance of his or her duties.
(m) Members of the Board shall be immune from suit in an
action based upon any disciplinary proceedings or other acts
performed in good faith as members of the Board.
(n) If the Department disagrees with any advice or
recommendation provided by the Board under this Section to the
Secretary or the Department, then notice of such disagreement
must be provided to the Board by the Department.
(o) Upon resolution adopted at any Board meeting, the
exercise of any Board function, power, or duty enumerated in
this Section or in subsection (d) of Section 15-10 of this Act
may be suspended. The exercise of any suspended function,
power, or duty of the Board may be reinstated by a resolution
adopted at a subsequent Board meeting. Any resolution adopted
pursuant to this Section shall take effect immediately.
(Source: P.A. 98-1109, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.