Full Text of HB5709 98th General Assembly
HB5709ham002 98TH GENERAL ASSEMBLY | Rep. Anthony DeLuca Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5709
| 2 | | AMENDMENT NO. ______. Amend House Bill 5709, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Real Estate Appraiser Licensing Act of 2002 | 6 | | is amended by changing Section 5-5 as follows:
| 7 | | (225 ILCS 458/5-5)
| 8 | | (Section scheduled to be repealed on January 1, 2022)
| 9 | | Sec. 5-5. Necessity of license; use of title; exemptions.
| 10 | | (a) It
is unlawful for a person to (i) act, offer services, | 11 | | or advertise services
as a State certified general real estate
| 12 | | appraiser, State certified residential real estate appraiser, | 13 | | or associate real estate trainee appraiser, (ii)
develop a real | 14 | | estate appraisal,
(iii)
practice as a real estate
appraiser, or | 15 | | (iv)
advertise or hold himself or herself out to be a real | 16 | | estate
appraiser
without a license issued under this Act. A |
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| 1 | | person who
violates this subsection is
guilty of a Class A | 2 | | misdemeanor for a first offense and a Class 4 felony for any | 3 | | subsequent offense.
| 4 | | (a-5) It is unlawful for a person, unless registered as an | 5 | | appraisal management company, to solicit clients or enter into | 6 | | an appraisal engagement with clients without either a certified | 7 | | residential real estate appraiser license or a certified | 8 | | general real estate appraiser license issued under this Act. A | 9 | | person who violates this subsection is guilty of a Class A | 10 | | misdemeanor for a first offense and a Class 4 felony for any | 11 | | subsequent offense. | 12 | | (b) It
is unlawful for a person, other than a
person who | 13 | | holds a valid license issued pursuant to this
Act as a State | 14 | | certified general real estate appraiser, a
State
certified
| 15 | | residential real estate appraiser,
or an associate real estate | 16 | | trainee appraiser to use these titles or any other title, | 17 | | designation, or
abbreviation likely to create the
impression | 18 | | that the person is licensed as a real estate appraiser pursuant | 19 | | to
this Act. A person who
violates this subsection is guilty of | 20 | | a Class A misdemeanor for a first offense and a Class 4 felony | 21 | | for any subsequent offense.
| 22 | | (c)
The licensing requirements of this Act
do not
require a | 23 | | person who holds a
valid license pursuant to the Real Estate | 24 | | License Act of 2000, to be licensed
as a real estate appraiser
| 25 | | under this Act,
unless that person is
providing
or attempting | 26 | | to provide an appraisal report, as defined in Section
1-10 of |
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| 1 | | this Act, in connection with a federally-related transaction. | 2 | | Nothing in this Act shall prohibit a person who holds a valid | 3 | | license under the Real Estate License Act of 2000 from | 4 | | performing a comparative market analysis or broker price | 5 | | opinion for compensation, provided that the person does not | 6 | | hold himself out as being a licensed real estate appraiser. | 7 | | (d) Nothing in this Act shall preclude a State certified | 8 | | general real estate appraiser, a State certified residential | 9 | | real estate appraiser, or an associate real estate trainee | 10 | | appraiser from rendering appraisals for or on behalf of a | 11 | | partnership, association, corporation, firm, or group. | 12 | | However, no State appraisal license or certification shall be | 13 | | issued under this Act to a partnership, association, | 14 | | corporation, firm, or group.
| 15 | | (e) This Act does not apply to a county assessor, township | 16 | | assessor, multi-township assessor, county supervisor of | 17 | | assessments, or any deputy or employee of any county assessor, | 18 | | township assessor, multi-township assessor, or county | 19 | | supervisor of assessments who is performing his or her | 20 | | respective duties in accordance with the provisions of the | 21 | | Property Tax Code.
| 22 | | (e-5) For the purposes of this Act, valuation waivers may | 23 | | be prepared by a licensed appraiser notwithstanding any other | 24 | | provision of this Act, and the following types of valuations | 25 | | are not appraisals and may not be represented to be appraisals, | 26 | | and a license is not required under this Act to
perform such |
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| 1 | | valuations if the valuations are performed by (1) an employee | 2 | | of the Illinois Department of Transportation who has completed | 3 | | a minimum of 45 hours of course work in real estate appraisal, | 4 | | including the principals of real estate appraisals, appraisal | 5 | | of partial acquisitions, easement valuation, reviewing | 6 | | appraisals in eminent domain, appraisal for federal aid highway | 7 | | programs, and appraisal review for federal aid highway programs | 8 | | and has at least 2 years' experience in a field closely related | 9 | | to real estate ; or (2) a county engineer who is a registered | 10 | | professional engineer under the Professional Engineering | 11 | | Practice Act of 1989 ; (3) an employee of a municipality who has | 12 | | (i) completed a minimum of 45 hours of coursework in real | 13 | | estate appraisal, including the principals of real estate | 14 | | appraisals, appraisal of partial acquisitions, easement | 15 | | valuation, reviewing appraisals in eminent domain, appraisal | 16 | | for federal aid highway programs, and appraisal review for | 17 | | federal aid highway programs and (ii) has either 2 years' | 18 | | experience in a field clearly related to real estate or has | 19 | | completed 20 hours of additional coursework that is sufficient | 20 | | for a person to complete waiver valuations as approved by the | 21 | | Federal Highway Administration; or (4) a municipal engineer who | 22 | | has completed coursework that is sufficient for his or her | 23 | | waiver valuations to be approved by the Federal Highway | 24 | | Administration and who is a registered professional engineer | 25 | | under the Professional Engineering Act of 1989 , under the | 26 | | following circumstances: |
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| 1 | | (A) a valuation waiver in an amount not to exceed | 2 | | $10,000 prepared pursuant to the federal Uniform | 3 | | Relocation Assistance and Real Property Acquisition | 4 | | Policies Act of 1970, or prepared pursuant to the federal | 5 | | Uniform Relocation Assistance and Real Property | 6 | | Acquisition for Federal and Federally-Assisted Programs | 7 | | regulations and which is performed by (1) an employee of | 8 | | the Illinois Department of Transportation and co-signed, | 9 | | with a license number affixed, by another employee of the | 10 | | Illinois Department of Transportation who is a registered | 11 | | professional engineer under the Professional Engineering | 12 | | Practice Act of 1989 or (2) an employee of a municipality | 13 | | and co-signed with a license number affixed by a county or | 14 | | municipal engineer who is a registered professional | 15 | | engineer under the Professional Engineering Practice Act | 16 | | of 1989 ; and | 17 | | (B) a valuation waiver in an amount not to exceed | 18 | | $10,000 prepared pursuant to the federal Uniform | 19 | | Relocation Assistance and Real Property Acquisition | 20 | | Policies Act of 1970, or prepared pursuant to the federal | 21 | | Uniform Relocation Assistance and Real Property | 22 | | Acquisition for Federal and Federally-Assisted Programs | 23 | | regulations and which is performed by a county or municipal | 24 | | engineer who is employed by a county or municipality and is | 25 | | a registered professional engineer under the Professional | 26 | | Engineering Practice Act of 1989. In addition to his or her |
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| 1 | | signature, the county or municipal engineer shall affix his | 2 | | or her license number to the valuation. | 3 | | Nothing in this subsection (e-5) shall be construed to | 4 | | allow the State of Illinois, a political subdivision thereof, | 5 | | or any public body to acquire real estate by eminent domain in | 6 | | any manner
other than provided for in the Eminent Domain Act. | 7 | | (f) A State real estate appraisal certification or license | 8 | | is not required under this Act for any of the following: | 9 | | (1) A person, partnership, association, or corporation | 10 | | that performs appraisals of property owned by that person, | 11 | | partnership, association, or corporation for the sole use | 12 | | of that person, partnership, association, or corporation. | 13 | | (2) A court-appointed commissioner who conducts an | 14 | | appraisal pursuant to a judicially ordered evaluation of | 15 | | property. | 16 | | However, any person who is certified or licensed under this Act | 17 | | and who performs any of the activities set forth in this | 18 | | subsection (f) must comply with the provisions of this Act. A | 19 | | person who violates this subsection (f) is guilty of a Class A | 20 | | misdemeanor for a first offense and a Class 4 felony for any | 21 | | subsequent offense. | 22 | | (g) This Act does not apply to an employee, officer, | 23 | | director, or member of a credit or loan committee of a | 24 | | financial institution or any other person engaged by a | 25 | | financial institution when performing an evaluation of real | 26 | | property for the sole use of the financial institution in a |
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| 1 | | transaction for which the financial institution would not be | 2 | | required to use the services of a State licensed or State | 3 | | certified appraiser pursuant to federal regulations adopted | 4 | | under Title XI of the federal Financial Institutions Reform, | 5 | | Recovery, and Enforcement Act of 1989, nor does this Act apply | 6 | | to the procurement of an automated valuation model. | 7 | | "Automated valuation model" means an automated system that | 8 | | is used to derive a property value through the use of publicly | 9 | | available property records and various analytic methodologies | 10 | | such as comparable sales prices, home characteristics, and | 11 | | historical home price appreciations.
| 12 | | (Source: P.A. 97-602, eff. 8-26-11; 98-444, eff. 8-16-13.)".
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