Bill Text: IL SB1531 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Real Estate License Act of 2000. Abolishes the Real Estate Education Advisory Council. Transfers functions of the Council to the Real Estate Administration and Disciplinary Board or the Department of Financial and Professional Regulation. Allows the Department to make continuing education requirements for licensed leasing agents without the advice of the Advisory Council and Board. Makes changes to the membership and terms of the Board. Allows the Secretary of the Department of Financial and Professional Regulation to establish temporary or permanent committees of the Board. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2017-07-06 - House Floor Amendment No. 2 Rule 19(a) / Re-referred to Rules Committee [SB1531 Detail]

Download: Illinois-2017-SB1531-Engrossed.html



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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7 (Section scheduled to be repealed on January 1, 2022)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) 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) Four 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, 2 of whom . (5) Two appointed members shall
7 hold a valid licenses license as a real estate brokers or
8 managing brokers broker for at least 5 10 years prior to
9 the date of the appointment, one of whom shall hold a valid
10 State certified general real estate appraiser license
11 issued under this Act or a predecessor Act for a period of
12 at least 5 years prior to the appointment and one of whom
13 shall hold a valid State certified residential real estate
14 appraiser license issued under this Act or a predecessor
15 Act for a period of at least 5 years prior to the
16 appointment.
17 (5) (6) One appointed member shall be a representative
18 of a financial institution, as evidenced by his or her
19 employment with a financial institution.
20 (6) (7) One appointed member shall represent the
21 interests of the general public. This member or his or her
22 spouse shall not be licensed under this Act nor be employed
23 by or 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 (5) (6)
9of this subsection, the Governor shall give due consideration
10to the recommendations by members and organizations
11representing financial 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. No member shall be reappointed to the Board for
15a term that would cause his or her cumulative service to the
16Board to exceed 10 years.
17 (c) The Governor may terminate the appointment of a member
18for cause that, in the opinion of the Governor, reasonably
19justifies the termination. Cause for termination may include,
20without limitation, misconduct, incapacity, neglect of duty,
21or missing 4 Board meetings during any one calendar year.
22 (d) A majority of the Board members shall constitute a
23quorum. A vacancy in the membership of the Board shall not
24impair the right of a quorum to exercise all of the rights and
25perform all of the duties of the Board.
26 (e) The Board shall meet at least quarterly and may be

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

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

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1action based upon any disciplinary proceedings or other acts
2performed in good faith as members of the Board.
3 (n) If the Department disagrees with any advice or
4recommendation provided by the Board under this Section to the
5Secretary or the Department, then notice of such disagreement
6must be provided to the Board by the Department.
7 (o) Upon resolution adopted at any Board meeting, the
8exercise of any Board function, power, or duty enumerated in
9this Section or in subsection (d) of Section 15-10 of this Act
10may be suspended. The exercise of any suspended function,
11power, or duty of the Board may be reinstated by a resolution
12adopted at a subsequent Board meeting. Any resolution adopted
13pursuant to this Section shall take effect immediately.
14(Source: P.A. 98-1109, eff. 1-1-15.)
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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