Illinois General Assembly - Full Text of HB5709
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Full Text of HB5709  98th General Assembly

HB5709ham001 98TH GENERAL ASSEMBLY

Rep. Anthony DeLuca

Filed: 3/20/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5709

2    AMENDMENT NO. ______. Amend House Bill 5709 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Real Estate Appraiser Licensing Act of 2002
5is amended by changing Section 5-5 as follows:
 
6    (225 ILCS 458/5-5)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 5-5. Necessity of license; use of title; exemptions.
9    (a) It is unlawful for a person to (i) act, offer services,
10or advertise services as a State certified general real estate
11appraiser, State certified residential real estate appraiser,
12or associate real estate trainee appraiser, (ii) develop a real
13estate appraisal, (iii) practice as a real estate appraiser, or
14(iv) advertise or hold himself or herself out to be a real
15estate appraiser without a license issued under this Act. A
16person who violates this subsection is guilty of a Class A

 

 

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1misdemeanor for a first offense and a Class 4 felony for any
2subsequent offense.
3    (a-5) It is unlawful for a person, unless registered as an
4appraisal management company, to solicit clients or enter into
5an appraisal engagement with clients without either a certified
6residential real estate appraiser license or a certified
7general real estate appraiser license issued under this Act. A
8person who violates this subsection is guilty of a Class A
9misdemeanor for a first offense and a Class 4 felony for any
10subsequent offense.
11    (b) It is unlawful for a person, other than a person who
12holds a valid license issued pursuant to this Act as a State
13certified general real estate appraiser, a State certified
14residential real estate appraiser, or an associate real estate
15trainee appraiser to use these titles or any other title,
16designation, or abbreviation likely to create the impression
17that the person is licensed as a real estate appraiser pursuant
18to this Act. A person who violates this subsection is guilty of
19a Class A misdemeanor for a first offense and a Class 4 felony
20for any subsequent offense.
21    (c) The licensing requirements of this Act do not require a
22person who holds a valid license pursuant to the Real Estate
23License Act of 2000, to be licensed as a real estate appraiser
24under this Act, unless that person is providing or attempting
25to provide an appraisal report, as defined in Section 1-10 of
26this Act, in connection with a federally-related transaction.

 

 

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1Nothing in this Act shall prohibit a person who holds a valid
2license under the Real Estate License Act of 2000 from
3performing a comparative market analysis or broker price
4opinion for compensation, provided that the person does not
5hold himself out as being a licensed real estate appraiser.
6    (d) Nothing in this Act shall preclude a State certified
7general real estate appraiser, a State certified residential
8real estate appraiser, or an associate real estate trainee
9appraiser from rendering appraisals for or on behalf of a
10partnership, association, corporation, firm, or group.
11However, no State appraisal license or certification shall be
12issued under this Act to a partnership, association,
13corporation, firm, or group.
14    (e) This Act does not apply to a county assessor, township
15assessor, multi-township assessor, county supervisor of
16assessments, or any deputy or employee of any county assessor,
17township assessor, multi-township assessor, or county
18supervisor of assessments who is performing his or her
19respective duties in accordance with the provisions of the
20Property Tax Code.
21    (e-5) For the purposes of this Act, valuation waivers may
22be prepared by a licensed appraiser notwithstanding any other
23provision of this Act, and the following types of valuations
24are not appraisals and may not be represented to be appraisals,
25and a license is not required under this Act to perform such
26valuations if the valuations are performed by (1) an employee

 

 

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1of the Illinois Department of Transportation who has completed
2a minimum of 45 hours of course work in real estate appraisal,
3including the principals of real estate appraisals, appraisal
4of partial acquisitions, easement valuation, reviewing
5appraisals in eminent domain, appraisal for federal aid highway
6programs, and appraisal review for federal aid highway programs
7and has at least 2 years' experience in a field closely related
8to real estate; or (2) a county engineer who is a registered
9professional engineer under the Professional Engineering
10Practice Act of 1989; (3) an employee of a municipality who has
11completed a minimum of 45 hours of course work in real estate
12appraisal, including the principals of real estate appraisals,
13appraisal of partial acquisitions, easement valuation,
14reviewing appraisals in eminent domain, appraisal for federal
15aid highway programs, and appraisal review for federal aid
16highway programs; or (4) a municipal engineer who has completed
17the Illinois Department of Transportation's waiver valuation
18class and who is a registered professional engineer under the
19Professional Engineering Practice Act of 1989, under the
20following circumstances:
21        (A) a valuation waiver in an amount not to exceed
22    $10,000 prepared pursuant to the federal Uniform
23    Relocation Assistance and Real Property Acquisition
24    Policies Act of 1970, or prepared pursuant to the federal
25    Uniform Relocation Assistance and Real Property
26    Acquisition for Federal and Federally-Assisted Programs

 

 

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1    regulations and which is performed by (1) an employee of
2    the Illinois Department of Transportation and co-signed,
3    with a license number affixed, by another employee of the
4    Illinois Department of Transportation who is a registered
5    professional engineer under the Professional Engineering
6    Practice Act of 1989 or (2) an employee of a municipality
7    and co-signed with a license number affixed by a county or
8    municipal engineer who is a registered professional
9    engineer under the Professional Engineering Practice Act
10    of 1989; and
11        (B) a valuation waiver in an amount not to exceed
12    $10,000 prepared pursuant to the federal Uniform
13    Relocation Assistance and Real Property Acquisition
14    Policies Act of 1970, or prepared pursuant to the federal
15    Uniform Relocation Assistance and Real Property
16    Acquisition for Federal and Federally-Assisted Programs
17    regulations and which is performed by a county or municipal
18    engineer who is employed by a county or municipality and is
19    a registered professional engineer under the Professional
20    Engineering Practice Act of 1989. In addition to his or her
21    signature, the county or municipal engineer shall affix his
22    or her license number to the valuation.
23    Nothing in this subsection (e-5) shall be construed to
24allow the State of Illinois, a political subdivision thereof,
25or any public body to acquire real estate by eminent domain in
26any manner other than provided for in the Eminent Domain Act.

 

 

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1    (f) A State real estate appraisal certification or license
2is not required under this Act for any of the following:
3        (1) A person, partnership, association, or corporation
4    that performs appraisals of property owned by that person,
5    partnership, association, or corporation for the sole use
6    of that person, partnership, association, or corporation.
7        (2) A court-appointed commissioner who conducts an
8    appraisal pursuant to a judicially ordered evaluation of
9    property.
10However, any person who is certified or licensed under this Act
11and who performs any of the activities set forth in this
12subsection (f) must comply with the provisions of this Act. A
13person who violates this subsection (f) is guilty of a Class A
14misdemeanor for a first offense and a Class 4 felony for any
15subsequent offense.
16    (g) This Act does not apply to an employee, officer,
17director, or member of a credit or loan committee of a
18financial institution or any other person engaged by a
19financial institution when performing an evaluation of real
20property for the sole use of the financial institution in a
21transaction for which the financial institution would not be
22required to use the services of a State licensed or State
23certified appraiser pursuant to federal regulations adopted
24under Title XI of the federal Financial Institutions Reform,
25Recovery, and Enforcement Act of 1989, nor does this Act apply
26to the procurement of an automated valuation model.

 

 

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1    "Automated valuation model" means an automated system that
2is used to derive a property value through the use of publicly
3available property records and various analytic methodologies
4such as comparable sales prices, home characteristics, and
5historical home price appreciations.
6(Source: P.A. 97-602, eff. 8-26-11; 98-444, eff. 8-16-13.)".