Full Text of SB3036 100th General Assembly
SB3036enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Auction License Act is amended by changing | 5 | | Section 30-30 as follows:
| 6 | | (225 ILCS 407/30-30)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 30-30. Auction Advisory Board.
| 9 | | (a) There is hereby created the Auction Advisory Board. The | 10 | | Advisory Board
shall consist
of 7 members and shall be | 11 | | appointed by the Secretary. In making the
appointments, the | 12 | | Secretary shall give due consideration to the recommendations | 13 | | by members and
organizations
of the industry, including but not | 14 | | limited to the Illinois State Auctioneers
Association. Five
| 15 | | members of the Advisory Board shall be licensed auctioneers, | 16 | | except that for
the initial
appointments, these members may be | 17 | | persons without a license, but who have been
auctioneers for
at | 18 | | least 5 years preceding their appointment to the Advisory | 19 | | Board. One member
shall be a public
member who represents the | 20 | | interests of consumers and who is not licensed under
this Act | 21 | | or the
spouse of a person licensed under this Act or who has | 22 | | any responsibility for
management or
formation of policy of or | 23 | | any financial interest in the auctioneering
profession or any |
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| 1 | | other
connection with the profession. One member shall be | 2 | | actively engaged in the
real estate industry
and licensed as a | 3 | | broker or salesperson. The Advisory Board shall annually elect | 4 | | one of its members to serve as Chairperson.
| 5 | | (b) The members' terms shall be for 4 years and expire upon | 6 | | completion of the term. No member shall be reappointed to the | 7 | | Board for a term that would cause his or her cumulative service | 8 | | to the Board to exceed 10 years. Appointments to fill vacancies | 9 | | shall be made by the Secretary for the unexpired portion of the | 10 | | term. Members shall be appointed for a term of 4 years, except | 11 | | that of the
initial appointments,
3 members shall be appointed | 12 | | to serve a term of 3 years and 4 members shall be
appointed to | 13 | | serve
a term of 4 years. The Secretary shall fill a
vacancy for | 14 | | the remainder
of any unexpired term. Each member shall serve on | 15 | | the Advisory Board until his
or her successor
is appointed and | 16 | | qualified. No person shall be appointed to serve more than
2 | 17 | | terms, including
the unexpired portion of a term due to | 18 | | vacancy. To the extent practicable, the Secretary
shall
appoint | 19 | | members to ensure insure that the various geographic regions of | 20 | | the State are
properly represented
on the Advisory Board.
| 21 | | (c) Four Board members shall
constitute a
quorum. A quorum | 22 | | is required for all Board decisions.
| 23 | | (d) Each member of the Advisory Board shall receive a per | 24 | | diem stipend in an
amount to be
determined by the Secretary. | 25 | | Each member shall be paid his or her necessary
expenses while
| 26 | | engaged in the performance of his or her duties.
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| 1 | | (e) Members of the Advisory Board shall be immune from suit | 2 | | in an action
based
upon any
disciplinary proceedings or other | 3 | | acts performed in good faith as members of
the Advisory Board.
| 4 | | (f) The Advisory Board shall meet as convened by the | 5 | | Department.
| 6 | | (g) The Advisory Board shall advise the Department on | 7 | | matters of licensing and
education and
make recommendations to | 8 | | the Department on those matters and shall hear and make
| 9 | | recommendations
to the Secretary on disciplinary matters that | 10 | | require a formal evidentiary
hearing.
| 11 | | (h) The Secretary shall give due consideration to all | 12 | | recommendations of
the
Advisory
Board.
| 13 | | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
| 14 | | Section 10. The Community Association Manager Licensing | 15 | | and Disciplinary Act is amended by changing Section 25 as | 16 | | follows: | 17 | | (225 ILCS 427/25)
| 18 | | (Section scheduled to be repealed on January 1, 2020) | 19 | | Sec. 25. Community Association Manager Licensing and | 20 | | Disciplinary Board. | 21 | | (a) There is hereby created the Community Association | 22 | | Manager Licensing and Disciplinary Board, which shall consist | 23 | | of 7 members appointed by the Secretary. All members must be | 24 | | residents of the State and must have resided in the State for |
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| 1 | | at least 5 years immediately preceding the date of appointment. | 2 | | Five members of the Board must be licensees under this Act, at | 3 | | least two members of which shall be supervising community | 4 | | association managers. Two members of the Board shall be owners | 5 | | of, or hold a shareholder's interest in, a unit in a community | 6 | | association at the time of appointment who are not licensees | 7 | | under this Act and have no direct affiliation or work | 8 | | experience with the community association's community | 9 | | association manager. This Board shall act in an advisory | 10 | | capacity to the Department. | 11 | | (b) Members serving on the Board on the effective date of | 12 | | this amendatory Act of the 100th General Assembly may serve the | 13 | | remainder of their unexpired terms. Thereafter, the members' | 14 | | terms shall be for 4 years and expire upon completion of the | 15 | | term. No member shall be reappointed to the Board for a term | 16 | | that would cause his or her cumulative service to the Board to | 17 | | exceed 10 years. Appointments to fill vacancies shall be made | 18 | | by the Secretary for the unexpired portion of the term. Board | 19 | | members shall serve for terms of 5 years, except that, | 20 | | initially, 4 members shall serve for 5 years and 3 members | 21 | | shall serve for 4 years. All members shall serve until
his or | 22 | | her successor is appointed and qualified. All vacancies shall | 23 | | be filled in like manner for the unexpired term. No member | 24 | | shall serve for more than 2 successive terms. The Secretary | 25 | | shall remove from the Board any member whose license has become | 26 | | void or has been revoked or suspended and may remove any member |
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| 1 | | of the Board for neglect of duty, misconduct, or incompetence. | 2 | | A member who is subject to formal disciplinary proceedings | 3 | | shall disqualify himself or herself from all Board business | 4 | | until the charge is resolved. A member also shall disqualify | 5 | | himself or herself from any matter on which the member cannot | 6 | | act objectively. | 7 | | (c) Four Board members shall constitute a quorum. A quorum | 8 | | is required for all Board decisions. | 9 | | (d) The Board shall elect annually a chairperson and vice | 10 | | chairperson. | 11 | | (e) Each member shall receive reimbursement as set by the | 12 | | Governor's Travel Control Board for expenses incurred in | 13 | | carrying out the duties as a Board member. The Board shall be | 14 | | compensated as determined by the Secretary. | 15 | | (f) The Board may recommend policies, procedures, and rules | 16 | | relevant to the administration and enforcement of this Act.
| 17 | | (Source: P.A. 98-365, eff. 1-1-14.) | 18 | | Section 15. The Real Estate License Act of 2000 is amended | 19 | | by changing Section 25-10 as follows:
| 20 | | (225 ILCS 454/25-10)
| 21 | | (Section scheduled to be repealed on January 1, 2020)
| 22 | | Sec. 25-10. Real Estate Administration and Disciplinary
| 23 | | Board;
duties.
There is created the Real Estate Administration | 24 | | and Disciplinary Board.
The Board shall be composed of 15 |
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| 1 | | persons appointed by the Governor. Members
shall be
appointed | 2 | | to the Board subject to the following conditions:
| 3 | | (1) All members shall have been residents and citizens | 4 | | of this State for
at least 6 years
prior to the date of | 5 | | appointment.
| 6 | | (2) Twelve members shall have been actively engaged as | 7 | | managing brokers or
brokers or both for
at least the 10 | 8 | | years prior to the appointment, 2 of whom must possess an | 9 | | active pre-license instructor license.
| 10 | | (3) Three members of the Board shall be public members | 11 | | who represent
consumer
interests.
| 12 | | None of these members shall be (i) a person who is licensed | 13 | | under this
Act or a similar Act of another jurisdiction, (ii) | 14 | | the spouse or family member of a licensee, (iii) a person who | 15 | | has an ownership interest in a
real estate brokerage
business, | 16 | | or (iv) a person the Department determines to have any other | 17 | | connection with a real estate brokerage business or a licensee.
| 18 | | The members' terms shall be for 4 years and expire upon | 19 | | completion of the term or until their successor is appointed, | 20 | | and the expiration of their terms shall be
staggered . No member | 21 | | shall be reappointed to the Board for a term that would cause | 22 | | his or her cumulative service to the Board to exceed 10 12 | 23 | | years.
Appointments to fill vacancies shall be for the | 24 | | unexpired portion of the term. Those members of the Board that | 25 | | satisfy the requirements of paragraph (2) shall be chosen in a | 26 | | manner such that no area of the State shall be unreasonably |
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| 1 | | represented.
In making the appointments, the Governor shall | 2 | | give
due consideration
to the recommendations by members and | 3 | | organizations of the profession.
The Governor may terminate the | 4 | | appointment of any member for cause that in the
opinion of the
| 5 | | Governor reasonably justifies the termination. Cause for | 6 | | termination shall
include without limitation
misconduct, | 7 | | incapacity, neglect of duty, or missing 4 board meetings during | 8 | | any
one
calendar year.
Each member of the Board may receive a | 9 | | per diem stipend in an amount to be
determined by the | 10 | | Secretary. Each member shall be paid his or her necessary | 11 | | expenses while
engaged in the
performance of his or her duties. | 12 | | Such compensation and expenses shall be paid
out of the Real | 13 | | Estate
License Administration Fund.
The Secretary shall | 14 | | consider the recommendations of the Board on questions
| 15 | | involving
standards of professional conduct, discipline, | 16 | | education, and policies and procedures
under this Act. With | 17 | | regard to this subject matter, the Secretary may establish | 18 | | temporary or permanent committees of the Board and may consider | 19 | | the recommendations of the Board on matters that include, but | 20 | | are not limited to, criteria for the licensing and renewal of | 21 | | education providers, pre-license and continuing education | 22 | | instructors, pre-license and continuing education curricula, | 23 | | standards of educational criteria, and qualifications for | 24 | | licensure and renewal of professions, courses, and | 25 | | instructors. The Department, after notifying and considering | 26 | | the recommendations of the Board, if any,
may issue rules,
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| 1 | | consistent with the provisions of this Act, for the | 2 | | administration and
enforcement thereof and may
prescribe forms | 3 | | that shall be used in connection therewith. Eight Board members | 4 | | shall constitute a quorum. A quorum is required for all Board | 5 | | decisions.
| 6 | | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| 7 | | Section 20. The Real Estate Appraiser Licensing Act of 2002 | 8 | | is amended by changing Section 25-10 as follows:
| 9 | | (225 ILCS 458/25-10)
| 10 | | (Section scheduled to be repealed on January 1, 2022)
| 11 | | Sec. 25-10. Real Estate Appraisal Administration and | 12 | | Disciplinary Board; appointment.
| 13 | | (a) There is hereby created the Real Estate Appraisal | 14 | | Administration and Disciplinary Board. The Board
shall be | 15 | | composed of 10 persons appointed by the Governor, plus the | 16 | | Coordinator
of
the Real Estate Appraisal Division. Members | 17 | | shall be appointed to the Board
subject to the following | 18 | | conditions:
| 19 | | (1) All appointed members shall have been residents and | 20 | | citizens of this
State for
at least 5 years prior
to the | 21 | | date of appointment.
| 22 | | (2) The appointed membership of the Board should | 23 | | reasonably reflect the
geographic
distribution of the
| 24 | | population of the State.
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| 1 | | (3) Four appointed members shall have been actively | 2 | | engaged and currently
licensed as
State
certified general | 3 | | real estate appraisers for a period of not less than 5
| 4 | | years.
| 5 | | (4)
Two appointed members shall have been actively | 6 | | engaged and currently
licensed as
State
certified | 7 | | residential real estate appraisers for a period of
not less | 8 | | than 5 years.
| 9 | | (5)
Two appointed members shall hold a valid license as | 10 | | a
real estate
broker for at least 10 years prior to the | 11 | | date of the appointment, one of whom
shall hold a valid
| 12 | | State certified general real estate appraiser license | 13 | | issued under this Act or a predecessor Act for a period of | 14 | | at
least 5 years prior to the appointment and one of whom | 15 | | shall hold a valid State certified residential real estate | 16 | | appraiser license issued under this Act or a predecessor | 17 | | Act for a period of at
least 5 years prior to the | 18 | | appointment.
| 19 | | (6) One appointed member shall be a representative of a | 20 | | financial
institution, as evidenced by his or her | 21 | | employment with a financial
institution.
| 22 | | (7) One appointed member shall represent the interests | 23 | | of the general
public. This member or his or her spouse | 24 | | shall not be licensed under this Act
nor be employed by or | 25 | | have any interest in an appraisal business, appraisal | 26 | | management company, real estate
brokerage business, or a |
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| 1 | | financial institution.
| 2 | | In making appointments as
provided in paragraphs (3) and | 3 | | (4) of this subsection, the Governor shall
give due | 4 | | consideration to recommendations by members and organizations
| 5 | | representing the profession.
| 6 | | In making the appointments as
provided in paragraph (5) of | 7 | | this subsection, the Governor shall give
due consideration to | 8 | | the recommendations by members and organizations
representing | 9 | | the real estate industry.
| 10 | | In making the appointment as provided
in paragraph (6) of | 11 | | this subsection, the Governor
shall give due consideration to | 12 | | the recommendations by members and
organizations representing | 13 | | financial institutions.
| 14 | | (b) The members' terms shall be for 4 years and expire upon | 15 | | completion of the term. No member shall be reappointed to the | 16 | | Board for a term that would cause his or her cumulative service | 17 | | to the Board to exceed 10 years. Appointments to fill vacancies | 18 | | shall be for the unexpired portion of the term. The term for | 19 | | members of the Board shall be 4 years, and each member shall | 20 | | serve until his or her successor is appointed and qualified.
| 21 | | (c) The Governor may terminate the appointment of a member | 22 | | for cause that,
in
the opinion of the Governor, reasonably | 23 | | justifies the termination. Cause for
termination may include, | 24 | | without limitation, misconduct, incapacity, neglect of
duty, | 25 | | or missing 4 Board meetings during any one calendar year.
| 26 | | (d) A majority of the Board members shall constitute a
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| 1 | | quorum. A vacancy in the membership of the Board shall not | 2 | | impair the right of
a quorum to exercise all of the rights and | 3 | | perform all of the duties of the
Board.
| 4 | | (e) The Board shall meet at least quarterly and may be | 5 | | convened
by the Chairperson, Vice-Chairperson, or 3 members of | 6 | | the Board upon 10 days
written notice.
| 7 | | (f) The Board shall, annually at the first meeting of the | 8 | | fiscal year,
elect a Chairperson and Vice-Chairperson from its
| 9 | | members. The Chairperson shall preside over the meetings and | 10 | | shall coordinate
with the Coordinator
in developing and | 11 | | distributing an agenda for each meeting. In the absence of
the | 12 | | Chairperson, the Vice-Chairperson shall preside over the | 13 | | meeting.
| 14 | | (g) The Coordinator
of the Real Estate Appraisal Division | 15 | | shall serve as
a member of the Board without vote.
| 16 | | (h) The Board shall advise and make recommendations to
the | 17 | | Department
on the education and experience qualifications of | 18 | | any applicant for initial licensure as a State certified | 19 | | general real estate appraiser or a State certified residential | 20 | | real estate appraiser. The Department shall not make any | 21 | | decisions concerning education or experience qualifications of | 22 | | an applicant for initial licensure as a State certified general | 23 | | real estate appraiser or a State certified residential real | 24 | | estate appraiser without having first received the advice and | 25 | | recommendation of the Board and
shall give due consideration to | 26 | | all
such advice and recommendations; however, if the Board does |
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| 1 | | not render advice or make a recommendation within a reasonable | 2 | | amount of time, then the Department may render a decision.
| 3 | | (i) Except as provided in Section 15-17 of this Act, the
| 4 | | Board shall hear and make recommendations to the
Secretary
on
| 5 | | disciplinary matters
that require a formal evidentiary | 6 | | hearing. The Secretary
shall give due
consideration to the
| 7 | | recommendations of the Board involving discipline and | 8 | | questions involving
standards of professional
conduct of | 9 | | licensees.
| 10 | | (j) The Department shall seek and the Board shall provide
| 11 | | recommendations to the Department
consistent with the
| 12 | | provisions
of this Act and for the administration and | 13 | | enforcement of all
rules adopted
pursuant to this Act. The | 14 | | Department
shall give due consideration to
such
| 15 | | recommendations
prior to adopting rules.
| 16 | | (k) The Department shall seek and the Board shall provide
| 17 | | recommendations to the Department
on the approval of all | 18 | | courses
submitted to the Department
pursuant to this Act and | 19 | | the rules adopted pursuant to this Act. The Department shall | 20 | | not approve any courses without having first received the | 21 | | recommendation of the Board and
shall
give due consideration to | 22 | | such
recommendations
prior to approving and licensing courses; | 23 | | however, if the Board does not make a recommendation within a | 24 | | reasonable amount of time, then the Department may approve | 25 | | courses.
| 26 | | (l) Each voting member of the Board shall receive a per |
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| 1 | | diem stipend in an
amount
to be determined by the Secretary. | 2 | | Each member shall be paid his or her necessary expenses while
| 3 | | engaged in the
performance of his or her duties.
| 4 | | (m) Members of the Board shall be immune from suit in an | 5 | | action based upon
any disciplinary
proceedings or other acts | 6 | | performed in good faith as members of the Board.
| 7 | | (n) If the Department disagrees with any advice or | 8 | | recommendation provided by the Board under this Section to the | 9 | | Secretary or the Department, then notice of such disagreement | 10 | | must be provided to the Board by the Department.
| 11 | | (o) Upon resolution adopted at any Board meeting, the | 12 | | exercise of any Board function, power, or duty enumerated in | 13 | | this Section or in subsection (d) of Section 15-10 of this Act | 14 | | may be suspended. The exercise of any suspended function, | 15 | | power, or duty of the Board may be reinstated by a resolution | 16 | | adopted at a subsequent Board meeting. Any resolution adopted | 17 | | pursuant to this Section shall take effect immediately.
| 18 | | (Source: P.A. 98-1109, eff. 1-1-15 .)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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