Full Text of HB3342 100th General Assembly
HB3342sam001 100TH GENERAL ASSEMBLY | Sen. Chuck Weaver Filed: 6/29/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3342
| 2 | | AMENDMENT NO. ______. Amend House Bill 3342 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. If and only if Senate Bill 1688 of the 100th | 5 | | General Assembly becomes law, the Collateral Recovery Act is | 6 | | amended by changing Sections 40, 45, 80, and 85 as follows: | 7 | | (225 ILCS 422/40) | 8 | | (Section scheduled to be repealed on January 1, 2022) | 9 | | Sec. 40. Qualifications for recovery manager; | 10 | | identification card. | 11 | | (a) An applicant is qualified for licensure as a recovery | 12 | | manager if that person meets all of the following requirements: | 13 | | (1) Is 21 years of age or older. | 14 | | (2) If convicted of any felony and less than 5 7 years | 15 | | have passed from the time of discharge from the sentence | 16 | | imposed, then a finding by the Commission in accordance |
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| 1 | | with Section 85 that the conviction will not impair the | 2 | | applicant's ability to engage in the position requiring a | 3 | | license. | 4 | | (3) Has completed no less than 2,500 hours of actual | 5 | | compensated collateral recovery work as an employee of a | 6 | | repossession agency, a financial institution, or a vehicle | 7 | | dealer within the 5 years immediately preceding the filing | 8 | | of an application, acceptable proof of which must be | 9 | | submitted to the Commission. | 10 | | (4) Has submitted to the Commission 2 sets of | 11 | | fingerprints, which shall be checked against the | 12 | | fingerprint records on file with the Illinois State Police | 13 | | and the Federal Bureau of Investigation in the manner set | 14 | | forth in Section 60 of this Act. | 15 | | (5) Has successfully completed a certification program | 16 | | approved by the Commission. | 17 | | (6) Has paid the required application fees. | 18 | | (b) Upon the issuance of a recovery manager license, the | 19 | | Commission shall issue the license holder a suitable pocket | 20 | | identification card that shall include a photograph of the | 21 | | license holder. The identification card must contain the name | 22 | | of the license holder and any other information required by the | 23 | | Commission. An applicant who is 21 years of age or older | 24 | | seeking a religious exemption to the photograph requirement of | 25 | | this subsection shall furnish with his or her application an | 26 | | approved copy of United States Department of the Treasury |
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| 1 | | Internal Revenue Service Form 4029. | 2 | | (c) A recovery manager license is not transferable.
| 3 | | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15; | 4 | | 100SB1688enr.) | 5 | | (225 ILCS 422/45) | 6 | | (Section scheduled to be repealed on January 1, 2022) | 7 | | Sec. 45. Repossession agency employee requirements. | 8 | | (a) All employees of a licensed repossession agency whose | 9 | | duties include the actual repossession of collateral must apply | 10 | | for a recovery permit. The holder of a repossession agency | 11 | | license issued under this Act, known in this Section as the | 12 | | "employer", may employ in the conduct of the business under the | 13 | | following provisions: | 14 | | (1) No person may be issued a recovery permit who meets | 15 | | any of the following criteria: | 16 | | (A) Is younger than 21 years of age. | 17 | | (B) Has been convicted of a crime identified in | 18 | | paragraph (3) of subsection (a) of Section 80 of this | 19 | | Act and the Commission determines the ability of the | 20 | | person to engage in the position for which a permit is | 21 | | sought is impaired as a result of the conviction. Has | 22 | | been determined by the Commission to be unfit by reason | 23 | | of conviction of an offense in this or another state, | 24 | | other than a minor traffic offense, that the Commission | 25 | | determines in accordance with Section 85 will impair |
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| 1 | | the ability of the person to engage in the position for | 2 | | which a permit is sought. The Commission shall adopt | 3 | | rules for making those determinations. | 4 | | (C) Has had a license or recovery permit denied, | 5 | | suspended, or revoked under this Act. | 6 | | (D) Has not successfully completed a certification | 7 | | program approved by the Commission. | 8 | | (2) No person may be employed by a repossession agency | 9 | | under this Section until he or she has executed and | 10 | | furnished to the Commission, on forms furnished by the | 11 | | Commission, a verified statement to be known as an | 12 | | "Employee's Statement" setting forth all of the following: | 13 | | (A) The person's full name, age, and residence | 14 | | address. | 15 | | (B) The business or occupation engaged in for the 5 | 16 | | years immediately before the date of the execution of | 17 | | the statement, the place where the business or | 18 | | occupation was engaged in, and the names of the | 19 | | employers, if any. | 20 | | (C) That the person has not had a license or | 21 | | recovery permit denied, revoked, or suspended under | 22 | | this Act. | 23 | | (D) Any conviction of a felony, except as provided | 24 | | for in Section 85. | 25 | | (E) Any other information as may be required by any | 26 | | rule of the Commission to show the good character, |
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| 1 | | competency, and integrity of the person executing the | 2 | | statement. | 3 | | (b) Each applicant for a recovery permit shall have his or | 4 | | her fingerprints submitted to the Commission by a Live Scan | 5 | | fingerprint vendor certified by the Illinois State Police under | 6 | | the Private Detective, Private Alarm, Private Security, | 7 | | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic | 8 | | format that complies with the form and manner for requesting | 9 | | and furnishing criminal history record information as | 10 | | prescribed by the Illinois State Police. These fingerprints | 11 | | shall be checked against the Illinois State Police and Federal | 12 | | Bureau of Investigation criminal history record databases now | 13 | | and hereafter filed. The Commission shall charge applicants a | 14 | | fee for conducting the criminal history records check, which | 15 | | shall not exceed the actual cost of the records check. The | 16 | | Illinois Commerce Commission Police shall furnish, pursuant to | 17 | | positive identification, records of Illinois convictions to | 18 | | the Commission. The Commission, in its discretion, may allow an | 19 | | applicant who does not have reasonable access to a designated | 20 | | vendor to provide his or her fingerprints in an alternative | 21 | | manner. The Commission, in its discretion, may also use other | 22 | | procedures in performing or obtaining criminal history records | 23 | | checks of applicants. Instead of submitting his or her | 24 | | fingerprints, an individual may submit proof that is | 25 | | satisfactory to the Commission that an equivalent security | 26 | | clearance has been conducted. |
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| 1 | | (c) Qualified applicants shall purchase a recovery permit | 2 | | from the Commission and in a form that the Commission | 3 | | prescribes. The Commission shall notify the submitting person | 4 | | within 10 days after receipt of the application of its intent | 5 | | to issue or deny the recovery permit. The holder of a recovery | 6 | | permit shall carry the recovery permit at all times while | 7 | | actually engaged in the performance of the duties of his or her | 8 | | employment. No recovery permit shall be effective unless | 9 | | accompanied by a license issued by the Commission. Expiration | 10 | | and requirements for renewal of recovery permits shall be | 11 | | established by rule of the Commission. Possession of a recovery | 12 | | permit does not in any way imply that the holder of the | 13 | | recovery permit is employed by any agency unless the recovery | 14 | | permit is accompanied by the employee identification card | 15 | | required by subsection (e) of this Section. | 16 | | (d) Each employer shall maintain a record of each employee | 17 | | that is accessible to the duly authorized representatives of | 18 | | the Commission. The record shall contain all of the following | 19 | | information: | 20 | | (1) A photograph taken within 10 days after the date | 21 | | that the employee begins employment with the employer. The | 22 | | photograph shall be replaced with a current photograph | 23 | | every 3 calendar years. | 24 | | (2) The Employee's Statement specified in paragraph | 25 | | (2) of subsection (a) of this Section. | 26 | | (3) All correspondence or documents relating to the |
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| 1 | | character and integrity of the employee received by the | 2 | | employer from any official source or law enforcement | 3 | | agency. | 4 | | (4) In the case of former employees, the employee | 5 | | identification card of that person issued under subsection | 6 | | (e) of this Section. | 7 | | (e) Every employer shall furnish an employee | 8 | | identification card to each of his or her employees. This | 9 | | subsection (e) shall not apply to office or clerical personnel. | 10 | | This employee identification card shall contain a recent | 11 | | photograph of the employee, the employee's name, the name and | 12 | | agency license number of the employer, the employee's personal | 13 | | description, the signature of the employer, the signature of | 14 | | that employee, the date of issuance, and an employee | 15 | | identification card number. | 16 | | (f) No employer may issue an employee identification card | 17 | | to any person who is not employed by the employer in accordance | 18 | | with this Section or falsely state or represent that a person | 19 | | is or has been in his or her employ. It is unlawful for an | 20 | | applicant for registration to file with the Commission the | 21 | | fingerprints of a person other than himself or herself or to | 22 | | fail to exercise due diligence in resubmitting replacement | 23 | | fingerprints for those employees who have had original | 24 | | fingerprint submissions returned as unclassifiable. An agency | 25 | | shall inform the Commission within 15 days after contracting or | 26 | | employing a licensed repossession agency employee. The |
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| 1 | | Commission shall develop a registration process by rule. | 2 | | (g) Every employer shall obtain the identification card of | 3 | | every employee who terminates employment with the employer. An | 4 | | employer shall immediately report an identification card that | 5 | | is lost or stolen to the local police department having | 6 | | jurisdiction over the repossession agency location. | 7 | | (h) No agency may employ any person to perform any activity | 8 | | under this Act unless the person possesses a valid license or | 9 | | recovery permit under this Act. | 10 | | (i) If information is discovered affecting the | 11 | | registration of a person whose fingerprints were submitted | 12 | | under this Section, then the Commission shall so notify the | 13 | | agency that submitted the fingerprints on behalf of that | 14 | | person. | 15 | | (j) A person employed under this Section shall have 15 | 16 | | business days within which to notify the Commission of any | 17 | | change in employer, but may continue working under any other | 18 | | recovery permits granted as an employee or independent | 19 | | contractor. | 20 | | (k) This Section applies only to those employees of | 21 | | licensed repossession agencies whose duties include actual | 22 | | repossession of collateral.
| 23 | | (l) An applicant who is 21 years of age or older seeking a | 24 | | religious exemption to the photograph requirement of this | 25 | | Section shall furnish with his or her application an approved | 26 | | copy of United States Department of the Treasury Internal |
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| 1 | | Revenue Service Form 4029. Regardless of age, an applicant | 2 | | seeking a religious exemption to this photograph requirement | 3 | | shall submit fingerprints in a form and manner prescribed by | 4 | | the Commission with his or her application in lieu of a | 5 | | photograph. | 6 | | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15; | 7 | | 100SB1688enr.) | 8 | | (225 ILCS 422/80)
| 9 | | (Section scheduled to be repealed on January 1, 2022) | 10 | | Sec. 80. Refusal, revocation, or suspension. | 11 | | (a) The Commission may refuse to issue or renew or may | 12 | | revoke any license or recovery permit or may suspend, place on | 13 | | probation, fine, or take any disciplinary action that the | 14 | | Commission may deem proper, including fines not to exceed | 15 | | $2,500 for each violation, with regard to any license holder or | 16 | | recovery permit holder and applicant for one or any combination | 17 | | of the following causes: | 18 | | (1) Knowingly making any misrepresentation for the | 19 | | purpose of obtaining a license or recovery permit. | 20 | | (2) Violations of this Act or its rules. | 21 | | (3) For license licensees or permit holders and | 22 | | applicants , conviction of any crime under the laws of the | 23 | | United States or any state or territory thereof that is (i) | 24 | | a felony, (ii) a misdemeanor, an essential element of which | 25 | | is dishonesty, or (iii) a crime that is related to the |
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| 1 | | practice of the profession. For license or permit holders | 2 | | and applicants, the provisions of Section 85 of this Act | 3 | | apply. the Commission may refuse to issue a license or | 4 | | permit based on restrictions set forth in paragraph (2) of | 5 | | subsection (a) of Section 40 and subparagraph (B) of | 6 | | paragraph (1) of subsection (a) of Section 45, | 7 | | respectively, if the Commission determines in accordance | 8 | | with Section 85 that such conviction will impair the | 9 | | ability of the applicant to engage in the position for | 10 | | which a license or permit is sought. | 11 | | (4) Aiding or abetting another in violating any | 12 | | provision of this Act or its rules. | 13 | | (5) Engaging in dishonorable, unethical, or | 14 | | unprofessional conduct of a character likely to deceive, | 15 | | defraud, or harm the public as defined by rule. | 16 | | (6) Violation of any court order from any State or | 17 | | public agency engaged in the enforcement of payment of | 18 | | child support arrearages or for noncompliance with certain | 19 | | processes relating to paternity or support proceeding. | 20 | | (7) Solicitation of professional services by using | 21 | | false or misleading advertising. | 22 | | (8) A finding that the license or recovery permit was | 23 | | obtained by fraudulent means. | 24 | | (9) Practicing or attempting to practice under a name | 25 | | other than the full name shown on the license or recovery | 26 | | permit or any other legally authorized name. |
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| 1 | | (b) The Commission may refuse to issue or may suspend the | 2 | | license or recovery permit of any person or entity who fails to | 3 | | file a return, pay the tax, penalty, or interest shown in a | 4 | | filed return, or pay any final assessment of tax, penalty, or | 5 | | interest, as required by any tax Act administered by the | 6 | | Department of Revenue, until the time the requirements of the | 7 | | tax Act are satisfied. The Commission may take into | 8 | | consideration any pending tax disputes properly filed with the | 9 | | Department of Revenue.
| 10 | | (Source: P.A. 97-576, eff. 7-1-12; 100SB1688enr.) | 11 | | (225 ILCS 422/85)
| 12 | | (Section scheduled to be repealed on January 1, 2022) | 13 | | Sec. 85. Consideration of past crimes. | 14 | | (a) The Commission shall not require the license or permit | 15 | | holders and applicants applicant to report the following | 16 | | information and shall not consider the following criminal | 17 | | history records in connection with an application for a license | 18 | | or permit under this Act: | 19 | | (1) Juvenile adjudications of delinquent minors as | 20 | | defined in Section 5-105 of the Juvenile Court Act of 1987, | 21 | | subject to the restrictions set forth in Section 5-130 of | 22 | | the Juvenile Court Act of 1987. | 23 | | (2) Law enforcement records, court records, and | 24 | | conviction records of an individual who was 17 years old at | 25 | | the time of the conviction for the offense and before |
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| 1 | | January 1, 2014, unless the nature of the offense required | 2 | | the individual to be tried as an adult. | 3 | | (3) Records of arrest not followed by a conviction. | 4 | | (4) Convictions overturned by a higher court. | 5 | | (5) Convictions or arrests that have been sealed or | 6 | | expunged. | 7 | | (b) When considering the denial of a license or recovery | 8 | | permit on the grounds of conviction of a crime, including those | 9 | | set forth in paragraph (2) of subsection (a) of Section 40 and | 10 | | subparagraph (B) of paragraph (1) of subsection (a) of Section | 11 | | 45, respectively, the Commission, in evaluating whether the | 12 | | conviction will impair the license or permit holder's or | 13 | | applicant's ability to engage in the position for which a | 14 | | license or permit is sought and the license or permit holder's | 15 | | or applicant's present eligibility for a license or recovery | 16 | | permit, shall consider each of the following criteria: | 17 | | (1) The lack of direct relation of the offense for | 18 | | which the license or permit holder or applicant was | 19 | | previously convicted to the duties, functions, and | 20 | | responsibilities of the position for which a license or | 21 | | permit is sought. | 22 | | (2) Circumstances relative to the offense, including | 23 | | the license or permit holder's or applicant's age at the | 24 | | time that the offense was committed. | 25 | | (3) Evidence of any act committed subsequent to the act | 26 | | or crime under consideration as grounds for denial, which |
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| 1 | | also could be considered as grounds for disciplinary action | 2 | | under this Act. | 3 | | (4) Whether 5 years since a conviction or 3 years since | 4 | | successful completion of the imposed sentence release from | 5 | | confinement for the conviction, whichever is later, have | 6 | | passed without a subsequent conviction. | 7 | | (5) Successful completion of sentence or for license or | 8 | | permit holders or applicants serving a term of parole or | 9 | | probation, a progress report provided by the license or | 10 | | permit holder's or applicant's probation or parole officer | 11 | | that documents the license or permit holder's or | 12 | | applicant's compliance with conditions of supervision. | 13 | | (6) If the license or permit holder or applicant was | 14 | | previously licensed or employed in this State or other | 15 | | states or jurisdictions, then the lack of prior misconduct | 16 | | arising from or related to the licensed position or | 17 | | position of employment. | 18 | | (7) Evidence of rehabilitation or rehabilitative | 19 | | effort during or after incarceration, or during or after a | 20 | | term of supervision, including, but not limited to, a | 21 | | certificate of good conduct under Section 5-5.5-25 of the | 22 | | Unified Code of Corrections or a certificate of relief from | 23 | | disabilities under Section 5-5.5-10 of the Unified Code of | 24 | | Corrections. | 25 | | (8) Any other mitigating factors that contribute to the | 26 | | license or permit holder's or applicant's person's |
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| 1 | | potential and current ability to perform the duties and | 2 | | responsibilities of practices licensed or registered under | 3 | | this Act. | 4 | | (c) When considering the suspension or revocation of a | 5 | | license or recovery permit on the grounds of conviction of a | 6 | | crime, the Commission, in evaluating the rehabilitation of the | 7 | | license or permit holder applicant , whether the conviction will | 8 | | impair the license or permit holder's applicant's ability to | 9 | | engage in the position for which a license or permit is sought, | 10 | | and the license or permit holder's applicant's present | 11 | | eligibility for a license or recovery permit, shall consider | 12 | | each of the following criteria: | 13 | | (1) The nature and severity of the act or offense. | 14 | | (2) The license holder's or recovery permit holder's | 15 | | criminal record in its entirety. | 16 | | (3) The amount of time that has lapsed since the | 17 | | commission of the act or offense. | 18 | | (4) Whether the license holder or recovery permit | 19 | | holder has complied with any terms of parole, probation, | 20 | | restitution, or any other sanctions lawfully imposed | 21 | | against him or her. | 22 | | (5) If applicable, evidence of expungement | 23 | | proceedings. | 24 | | (6) Evidence, if any, of rehabilitation submitted by | 25 | | the license holder or recovery permit holder.
| 26 | | (d) If the Commission refuses to issue or renew, or |
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| 1 | | suspends or revokes or places on probation or takes any | 2 | | disciplinary action that the Commission may deem proper against | 3 | | a license or permit grant a license or permit to an applicant , | 4 | | then the Commission shall notify the license or permit holder | 5 | | or applicant of the decision denial in writing with the | 6 | | following included in the notice of decision denial : | 7 | | (1) a statement about the decision to refuse to grant a | 8 | | license or permit ; | 9 | | (2) a list of the convictions that the Commission | 10 | | determined will impair the license or permit holder's or | 11 | | applicant's ability to engage in the position for which a | 12 | | license or permit is sought; | 13 | | (3) a list of convictions that formed the sole or | 14 | | partial basis for the decision refusal to grant a license | 15 | | or permit ; and | 16 | | (4) a summary of the appeal process or the earliest a | 17 | | reapplication for a license or permit is permissible the | 18 | | applicant may reapply for a license or permit , whichever is | 19 | | applicable. | 20 | | (e) No later than May 1 of each year, the Commission must | 21 | | prepare, publicly announce, and publish a report of summary | 22 | | statistical information relating to new and renewal license or | 23 | | permit applications during the preceding calendar year. Each | 24 | | report shall show, at a minimum: | 25 | | (1) the number of applicants for a new or renewal | 26 | | license or permit under this Act within the previous |
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| 1 | | calendar year; | 2 | | (2) the number of applicants for a new or renewal | 3 | | license or permit under this Act within the previous | 4 | | calendar year who had a any criminal conviction identified | 5 | | in paragraph (3) of subsection (a) of Section 80 ; | 6 | | (3) the number of applicants for a new or renewal | 7 | | license or permit under this Act in the previous calendar | 8 | | year who were granted a license or permit; | 9 | | (4) the number of applicants for a new or renewal | 10 | | license or permit with a criminal conviction identified in | 11 | | paragraph (3) of subsection (a) of Section 80 who were | 12 | | granted a license or permit under this Act within the | 13 | | previous calendar year; | 14 | | (5) the number of applicants for a new or renewal | 15 | | license or permit under this Act within the previous | 16 | | calendar year who were denied a license or permit; | 17 | | (6) the number of applicants for a new or renewal | 18 | | license or permit with a criminal conviction identified in | 19 | | paragraph (3) of subsection (a) of Section 80 who were | 20 | | denied a license or permit under this Act in the previous | 21 | | calendar year in whole or in part because of the a prior | 22 | | conviction; | 23 | | (7) the number of licenses or permits issued with a | 24 | | condition of on probation without monitoring imposed by the | 25 | | Commission under this Act in the previous calendar year to | 26 | | applicants with a criminal conviction identified in |
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| 1 | | paragraph (3) of subsection (a) of Section 80 ; and | 2 | | (8) the number of licenses or permits issued with a | 3 | | condition of on probation with monitoring imposed by the | 4 | | Commission under this Act in the previous calendar year to | 5 | | applicants with a criminal conviction identified in | 6 | | paragraph (3) of subsection (a) of Section 80 . | 7 | | (Source: P.A. 97-576, eff. 7-1-12; 100SB1688enr.) | 8 | | Section 10. The Real Estate Appraiser Licensing Act of 2002 | 9 | | is amended by changing Section 25-10 as follows:
| 10 | | (225 ILCS 458/25-10)
| 11 | | (Section scheduled to be repealed on January 1, 2022)
| 12 | | Sec. 25-10. Real Estate Appraisal Administration and | 13 | | Disciplinary Board; appointment.
| 14 | | (a) There is hereby created the Real Estate Appraisal | 15 | | Administration and Disciplinary Board. The Board
shall be | 16 | | composed of 10 persons appointed by the Governor, plus the | 17 | | Coordinator
of
the Real Estate Appraisal Division. Members | 18 | | shall be appointed to the Board
subject to the following | 19 | | conditions:
| 20 | | (1) All appointed members shall have been residents and | 21 | | citizens of this
State for
at least 5 years prior
to the | 22 | | date of appointment.
| 23 | | (2) The appointed membership of the Board should | 24 | | reasonably reflect the
geographic
distribution of the
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| 1 | | population of the State.
| 2 | | (3) Four appointed members shall have been actively | 3 | | engaged and currently
licensed as
State
certified general | 4 | | real estate appraisers for a period of not less than 5
| 5 | | years.
| 6 | | (4)
Four Two appointed members shall have been actively | 7 | | engaged and currently
licensed as
State
certified | 8 | | residential real estate appraisers for a period of
not less | 9 | | than 5 years , 2 of whom . (5)
Two appointed members shall | 10 | | hold a valid licenses license as a
real estate brokers or | 11 | | managing brokers
broker for at least 5 10 years prior to | 12 | | the date of the appointment , one of whom
shall hold a valid
| 13 | | State certified general real estate appraiser license | 14 | | issued under this Act or a predecessor Act for a period of | 15 | | at
least 5 years prior to the appointment and one of whom | 16 | | shall hold a valid State certified residential real estate | 17 | | appraiser license issued under this Act or a predecessor | 18 | | Act for a period of at
least 5 years prior to the | 19 | | appointment .
| 20 | | (5) (6) One appointed member shall be a representative | 21 | | of a financial
institution, as evidenced by his or her | 22 | | employment with a financial
institution.
| 23 | | (6) (7) One appointed member shall represent the | 24 | | interests of the general
public. This member or his or her | 25 | | spouse shall not be licensed under this Act
nor be employed | 26 | | by or have any interest in an appraisal business, appraisal |
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| 1 | | management company, real estate
brokerage business, or a | 2 | | financial institution.
| 3 | | In making appointments as
provided in paragraphs (3) and | 4 | | (4) of this subsection, the Governor shall
give due | 5 | | consideration to recommendations by members and organizations
| 6 | | representing the profession.
| 7 | | In making the appointments as
provided in paragraph (5) of | 8 | | this subsection, the Governor shall give
due consideration to | 9 | | the recommendations by members and organizations
representing | 10 | | the real estate industry.
| 11 | | In making the appointment as provided
in paragraph (5) (6) | 12 | | of this subsection, the Governor
shall give due consideration | 13 | | to the recommendations by members and
organizations | 14 | | representing financial institutions.
| 15 | | (b) The term for members of the Board shall be 4 years, and | 16 | | each member shall serve until his or her successor is appointed | 17 | | and qualified.
No member shall be reappointed to the Board for | 18 | | a term that would cause his or her cumulative service to the | 19 | | Board to exceed 10 years.
| 20 | | (c) The Governor may terminate the appointment of a member | 21 | | for cause that,
in
the opinion of the Governor, reasonably | 22 | | justifies the termination. Cause for
termination may include, | 23 | | without limitation, misconduct, incapacity, neglect of
duty, | 24 | | or missing 4 Board meetings during any one calendar year.
| 25 | | (d) A majority of the Board members shall constitute a
| 26 | | quorum. A vacancy in the membership of the Board shall not |
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| 1 | | impair the right of
a quorum to exercise all of the rights and | 2 | | perform all of the duties of the
Board.
| 3 | | (e) The Board shall meet at least quarterly and may be | 4 | | convened
by the Chairperson, Vice-Chairperson, or 3 members of | 5 | | the Board upon 10 days
written notice.
| 6 | | (f) The Board shall, annually at the first meeting of the | 7 | | fiscal year,
elect a Chairperson and Vice-Chairperson from its
| 8 | | members. The Chairperson shall preside over the meetings and | 9 | | shall coordinate
with the Coordinator
in developing and | 10 | | distributing an agenda for each meeting. In the absence of
the | 11 | | Chairperson, the Vice-Chairperson shall preside over the | 12 | | meeting.
| 13 | | (g) The Coordinator
of the Real Estate Appraisal Division | 14 | | shall serve as
a member of the Board without vote.
| 15 | | (h) The Board shall advise and make recommendations to
the | 16 | | Department
on the education and experience qualifications of | 17 | | any applicant for initial licensure as a State certified | 18 | | general real estate appraiser or a State certified residential | 19 | | real estate appraiser. The Department shall not make any | 20 | | decisions concerning education or experience qualifications of | 21 | | an applicant for initial licensure as a State certified general | 22 | | real estate appraiser or a State certified residential real | 23 | | estate appraiser without having first received the advice and | 24 | | recommendation of the Board and
shall give due consideration to | 25 | | all
such advice and recommendations; however, if the Board does | 26 | | not render advice or make a recommendation within a reasonable |
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| 1 | | amount of time, then the Department may render a decision.
| 2 | | (i) Except as provided in Section 15-17 of this Act, the
| 3 | | Board shall hear and make recommendations to the
Secretary
on
| 4 | | disciplinary matters
that require a formal evidentiary | 5 | | hearing. The Secretary
shall give due
consideration to the
| 6 | | recommendations of the Board involving discipline and | 7 | | questions involving
standards of professional
conduct of | 8 | | licensees.
| 9 | | (j) The Department shall seek and the Board shall provide
| 10 | | recommendations to the Department
consistent with the
| 11 | | provisions
of this Act and for the administration and | 12 | | enforcement of all
rules adopted
pursuant to this Act. The | 13 | | Department
shall give due consideration to
such
| 14 | | recommendations
prior to adopting rules.
| 15 | | (k) The Department shall seek and the Board shall provide
| 16 | | recommendations to the Department
on the approval of all | 17 | | courses
submitted to the Department
pursuant to this Act and | 18 | | the rules adopted pursuant to this Act. The Department shall | 19 | | not approve any courses without having first received the | 20 | | recommendation of the Board and
shall
give due consideration to | 21 | | such
recommendations
prior to approving and licensing courses; | 22 | | however, if the Board does not make a recommendation within a | 23 | | reasonable amount of time, then the Department may approve | 24 | | courses.
| 25 | | (l) Each voting member of the Board shall receive a per | 26 | | diem stipend in an
amount
to be determined by the Secretary. |
| | | 10000HB3342sam001 | - 22 - | LRB100 08528 SMS 27818 a |
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| 1 | | Each member shall be paid his or her necessary expenses while
| 2 | | engaged in the
performance of his or her duties.
| 3 | | (m) Members of the Board shall be immune from suit in an | 4 | | action based upon
any disciplinary
proceedings or other acts | 5 | | performed in good faith as members of the Board.
| 6 | | (n) If the Department disagrees with any advice or | 7 | | recommendation provided by the Board under this Section to the | 8 | | Secretary or the Department, then notice of such disagreement | 9 | | must be provided to the Board by the Department.
| 10 | | (o) Upon resolution adopted at any Board meeting, the | 11 | | exercise of any Board function, power, or duty enumerated in | 12 | | this Section or in subsection (d) of Section 15-10 of this Act | 13 | | may be suspended. The exercise of any suspended function, | 14 | | power, or duty of the Board may be reinstated by a resolution | 15 | | adopted at a subsequent Board meeting. Any resolution adopted | 16 | | pursuant to this Section shall take effect immediately.
| 17 | | (Source: P.A. 98-1109, eff. 1-1-15 .)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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