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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
90_SB0595
225 ILCS 455/36.01 from Ch. 111, par. 5836.01
225 ILCS 455/36.18 from Ch. 111, par. 5836.18
225 ILCS 455/37.4 from Ch. 111, par. 5837.4
Amends the Real Estate License Act of 1983. Provides
that the Office of Banks and Real Estate may discipline the
holder of a certificate or license for developing valuation
conclusions based on the race, color, religion, sex, national
origin, ancestry, age, marital status, physical or mental
handicap, or unfavorable military discharge of prospective or
present owners or occupants of the area of the property being
appraised. Requires a licensee to complete 3 hours of course
work per year in fair housing/fair lending as part of the
continuing education requirement in the Act.
LRB9003164LDdv
LRB9003164LDdv
1 AN ACT to amend the Real Estate License Act of 1983 by
2 changing Sections 36.01, 36.18, and 37.4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Real Estate License Act of 1983 is
6 amended by changings 36.01, 36.18, and 37.4 as follows:
7 (225 ILCS 455/36.01) (from Ch. 111, par. 5836.01)
8 Sec. 36.01. Statement of purpose. The intent of this
9 Article of the Real Estate License Act of 1983 is to enable
10 real estate appraisers in this State to voluntarily obtain a
11 real estate appraiser's license or real estate appraiser's
12 certificate for the purpose of enabling real estate
13 appraisers to conduct appraisals which are required to be
14 performed by a State licensed or State certified appraiser
15 under the provisions of Title XI of the federal Financial
16 Institutions Reform, Recovery, and Enforcement Act of 1989,
17 (12 U.S.C., Chapter 34A), and Title VIII of the Civil Rights
18 Act of 1968 (the Fair Housing Law), and the Illinois Human
19 Rights Act, as now or hereafter amended. It is the intent of
20 the General Assembly that this Act shall be consistent with
21 the provisions of Title XI of the federal Financial
22 Institutions Reform, Recovery and Enforcement Act of 1989, as
23 now or hereafter amended.
24 Nothing in this Act shall preclude a person who is not
25 certified or licensed under this Article from appraising real
26 estate in this State for compensation.
27 (Source: P.A. 87-795.)
28 (225 ILCS 455/36.18) (from Ch. 111, par. 5836.18)
29 Sec. 36.18. Disciplinary proceedings.
30 (a) Pursuant to the action and report in writing of the
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1 Committee, the Office of Banks and Real Estate may suspend,
2 revoke, place on probation, or reprimand the certificate or
3 license of any State certified or licensed real estate
4 appraiser, or may refuse to issue or renew a certificate or
5 license, or may impose a civil penalty not to exceed $10,000
6 upon the holder of a certificate or license, or the holder of
7 a certificate or license may be otherwise disciplined for any
8 of the following acts or omissions:
9 (1) Procuring or attempting to procure a
10 certificate or license by knowingly making a false
11 statement, submitting false information, refusing to
12 provide complete information in response to a question in
13 an application for certification or licensure or through
14 any form of fraud or misrepresentation.
15 (2) Failing to meet the minimum qualifications for
16 certification or licensure as an appraiser established by
17 this Article.
18 (3) Paying money, other than for the fees provided
19 for by this Article, to any member or employee of the
20 Committee or Office of Banks and Real Estate to procure a
21 certificate or license under this Article.
22 (4) A conviction, including conviction based upon a
23 plea of guilty or nolo contendere, of a crime which is
24 substantially related to the qualifications, functions,
25 and duties of a person developing real estate appraisals
26 and communicating real estate appraisals to others.
27 (5) An act or omission involving dishonesty, fraud
28 or misrepresentation with the intent to substantially
29 benefit the certificate or license holder or another
30 person, or with intent to substantially injure another
31 person.
32 (6) Violation of any of the standards for the
33 development or communication of real estate appraisals as
34 provided in Section 36.21 of this Act.
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1 (7) Failure or refusal without good cause to
2 exercise reasonable diligence in developing an appraisal,
3 preparing an appraisal report or communicating an
4 appraisal.
5 (8) Negligence or incompetence in developing an
6 appraisal, in preparing an appraisal report, or in
7 communicating an appraisal.
8 (9) Willfully disregarding or violating any of the
9 provisions of this Article or the rules or regulations
10 promulgated for the administration and enforcement of
11 this Article.
12 (10) Accepting an appraisal assignment for
13 valuation when the employment itself is contingent upon
14 the appraiser reporting a predetermined estimate,
15 analysis or opinion, or where the fee to be paid is
16 contingent upon the opinion, conclusion, or valuation
17 reached, or upon the consequences resulting from the
18 appraisal assignment.
19 (11) Violation of the confidential nature of
20 governmental records to which he or she gained access
21 through employment or engagement as an appraiser by a
22 governmental agency.
23 (11.5) Developing valuation conclusions based on
24 the race, color, religion, sex, national origin,
25 ancestry, age, marital status, familial status, physical
26 or mental handicap, or unfavorable military discharge (as
27 defined by the Illinois Human Rights Act) of prospective
28 or present owners or occupants of the area of the
29 property being appraised.
30 (12) Adjudication of liability in a civil
31 proceeding on grounds of fraud, misrepresentation or
32 deceit in the making of any appraisal of real property.
33 In a disciplinary proceeding based upon a finding of such
34 civil liability, the State certified or licensed real
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1 estate appraiser shall be afforded an opportunity to
2 present mitigating and extenuating circumstances, but may
3 not collaterally attack the civil adjudication.
4 (13) Engaging in misleading or untruthful
5 advertising, or using any trade name or insignia of
6 membership in any real estate appraisal or real estate
7 related organization of which the certificate or license
8 holder is not a member.
9 (b) Pursuant to the action and report in writing of the
10 Committee, the Office of Banks and Real Estate may, in lieu
11 of other discipline, offer administrative supervision to
12 first time offenders, under which the offender is given an
13 administrative warning with conditions that may include, but
14 need not be limited to, the respondent's attendance and
15 successful completion of appraisal courses, payment of part
16 or all of the investigation and prosecution costs associated
17 with the complaint, and payment of restitution to the injured
18 parties.
19 (c) Civil penalties and costs collected pursuant to this
20 Section are to be deposited into the Appraisal Administration
21 Fund.
22 (Source: P.A. 89-23, eff. 7-1-95; 89-508, eff. 7-3-96.)
23 (225 ILCS 455/37.4) (from Ch. 111, par. 5837.4)
24 Sec. 37.4. The continuing education requirement shall be
25 satisfied by successful completion of the following:
26 (a) A minimum of 6 hours of course work in any one or
27 more of the following:
28 (1) license law and escrow;
29 (2) anti-trust;
30 (3) fair housing; and
31 (4) agency.
32 (a-5) A minimum of 3 hours of course work in fair
33 housing/fair lending.
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1 (b) A maximum of 6 hours of course work in:
2 (1) appraisal;
3 (2) property management;
4 (3) residential brokerage;
5 (4) farm property management;
6 (5) rights and duties of sellers, buyers, and
7 brokers;
8 (6) commercial brokerage and leasing;
9 (7) financing; and
10 (8) such other courses as may be designated by
11 rule.
12 (c) In lieu of credit for those courses listed in
13 subsection (b) of this Section, a maximum of 6 hours of Real
14 Estate Continuing Education credit may be earned for serving
15 as an approved instructor in an approved course of continuing
16 education or pre-license instruction.
17 (d) Credit hours may be earned for self-study programs
18 approved by the Real Estate Education Advisory Council.
19 (e) A licensee may earn credit for a specific continuing
20 education course only once during the prerenewal period.
21 (Source: P.A. 86-1276; 87-795; 87-1278.)