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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0595enr
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
SB595 Enrolled LRB9003164LDdv
1 AN ACT to amend the Real Estate License Act of 1983 by
2 changing Sections 36.01, 36.10, 36.17 and 36.18.
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, 36.10, 36.17 and 36.18 as
7 follows:
8 (225 ILCS 455/36.01) (from Ch. 111, par. 5836.01)
9 Sec. 36.01. Statement of purpose. The intent of this
10 Article of the Real Estate License Act of 1983 is to enable
11 real estate appraisers in this State to voluntarily obtain a
12 real estate appraiser's license or real estate appraiser's
13 certificate for the purpose of enabling real estate
14 appraisers to conduct appraisals which are required to be
15 performed by a State licensed or State certified appraiser
16 under the provisions of Title XI of the federal Financial
17 Institutions Reform, Recovery, and Enforcement Act of 1989,
18 (12 U.S.C., Chapter 34A), and Title VIII of the Civil Rights
19 Act of 1968 (the Fair Housing Law), and the Illinois Human
20 Rights Act, as now or hereafter amended. It is the intent of
21 the General Assembly that this Act shall be consistent with
22 the provisions of Title XI of the federal Financial
23 Institutions Reform, Recovery and Enforcement Act of 1989, as
24 now or hereafter amended.
25 Nothing in this Act shall preclude a person who is not
26 certified or licensed under this Article from appraising real
27 estate in this State for compensation.
28 (Source: P.A. 87-795.)
29 (225 ILCS 455/36.10) (from Ch. 111, par. 5836.10)
30 Sec. 36.10. Examination prerequisites.
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1 (a) Certified general real estate appraiser. As a
2 prerequisite to taking the examination for certification as a
3 State certified general real estate appraiser, an applicant
4 shall present evidence of having successfully completed a 4
5 year course of study in a high school or secondary school
6 approved by the Illinois State Board of Education or an
7 equivalent course of study as determined by an examination
8 conducted by the Illinois State Board of Education which
9 shall be verified under oath by the applicant, and shall
10 present evidence, satisfactory to the Office of Banks and
11 Real Estate, that he or she has successfully completed not
12 less than 150 classroom hours or its equivalent, as provided
13 by rule, of courses in subjects relating to real estate
14 appraisal, plus 15 classroom hours relating to standards of
15 professional practice and the provisions of this Article from
16 one or more of the following entities, approved by the Office
17 of Banks and Real Estate:
18 (1) a college or university;
19 (2) a community college or junior college;
20 (3) a real estate appraisal or real estate related
21 organization;
22 (4) a trade association or organization that
23 consists in whole or in part of members engaged in real
24 estate appraising; or
25 (5) any other providers approved by the Office of
26 Banks and Real Estate.
27 (b) Certified residential real estate appraiser. As a
28 prerequisite to taking the examination for certification as a
29 State certified residential real estate appraiser, an
30 applicant shall present evidence of having successfully
31 completed a 4 year course of study in a high school or
32 secondary school approved by the Illinois State Board of
33 Education or an equivalent course of study as determined by
34 an examination conducted by the Illinois State Board of
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1 Education which shall be verified under oath by the
2 applicant, and shall present evidence, satisfactory to the
3 Office of Banks and Real Estate, that he or she has
4 successfully completed not less than 90 classroom hours or
5 its equivalent, as provided by rule, or that amount mandated
6 under Title XI of the federal Financial Institutions Reform,
7 Recovery and Enforcement Act of 1989, whichever is greater,
8 of courses in subjects relating to real estate appraisal,
9 plus 15 classroom hours relating to standards of professional
10 practice and the provisions of this Article from one or more
11 of the following entities, approved by the Office of Banks
12 and Real Estate:
13 (1) a college or university;
14 (2) a community college or junior college;
15 (3) a real estate appraisal or real estate related
16 organization;
17 (4) a trade association or organization that
18 consists in whole or in part of members engaged in real
19 estate appraising; or
20 (5) any other provider approved by the Office of
21 Banks and Real Estate.
22 (c) Licensed real estate appraiser. As a prerequisite to
23 taking the examination for obtaining a license as a State
24 licensed real estate appraiser, an applicant shall present
25 evidence of having successfully completed a 4 year course of
26 study in a high school or secondary school approved by the
27 Illinois State Board of Education or an equivalent course of
28 study as determined by an examination conducted by the
29 Illinois State Board of Education which shall be verified
30 under oath by the applicant, and shall present evidence
31 satisfactory to the Office of Banks and Real Estate that he
32 or she has successfully completed not less than 60 classroom
33 hours or its equivalent, as provided by rule, of courses in
34 subjects relating to real estate appraisal, plus 15 classroom
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1 hours relating to standards of professional practice and the
2 provisions of this Article, from one or more of the following
3 entities, approved by the Office of Banks and Real Estate:
4 (1) a college or university;
5 (2) a community college or junior college;
6 (3) a real estate appraisal or real estate related
7 organization;
8 (4) a trade association or organization that
9 consists in whole or in part of members engaged in real
10 estate appraising; or
11 (5) any other providers approved by the Office of
12 Banks and Real Estate.
13 The Office of Banks and Real Estate shall provide by
14 rule, a requirement for course work in fair housing/fair
15 lending to be included within the requirements of this
16 Section.
17 (Source: P.A. 89-508, eff. 7-3-96.)
18 (225 ILCS 455/36.17) (from Ch. 111, par. 5836.17)
19 Sec. 36.17. Continuing education.
20 (a) As a prerequisite to renewal of a certificate or
21 license, a State certified or licensed real estate appraiser
22 shall present evidence satisfactory to the Office of Banks
23 and Real Estate, as provided by rule, of having completed not
24 less than 10 hours per year of continuing education, or its
25 equivalent as provided by rule, from one or more of the
26 following entities approved by the Office of Banks and Real
27 Estate:
28 (1) a college or university;
29 (2) a community college or junior college;
30 (3) a real estate appraisal or real estate related
31 organization;
32 (4) a trade association or organization that
33 consists in whole or in part of members engaged in real
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1 estate appraising; or
2 (5) such other providers approved by the Office of
3 Banks and Real Estate.
4 The Office of Banks and Real Estate shall provide by
5 rule, a requirement for course work in fair housing/fair
6 lending to be included within the requirements of this
7 Section.
8 The Office of Banks and Real Estate may provide by rule
9 for the temporary waiver of such continuing education
10 requirement for good cause.
11 (b) In lieu of meeting the requirements of subsection
12 (a) of this Section an applicant for renewal of a certificate
13 or license may satisfy all or part of the requirements by
14 presenting evidence of the following:
15 (1) Completion of an educational program of study
16 determined by rule to be equivalent, for continuing
17 education purposes, to courses approved pursuant to
18 subsection (a); or
19 (2) Participation, other than as a student, in
20 educational processes and programs approved pursuant to
21 subsection (a) which relate to real property appraisal
22 theory, practices or techniques, including, but not
23 limited to, teaching, program development and preparation
24 of textbooks, monographs, articles, and other
25 instructional materials.
26 (c) The Office of Banks and Real Estate, by rule, may
27 require periodic testing of a registrant's understanding of
28 Article 2 of this Act. Continuing education credit hours
29 shall be awarded for successful completion of the periodic
30 examination.
31 (Source: P.A. 89-23, eff. 7-1-95; 89-508, eff. 7-3-96.)
32 (225 ILCS 455/36.18) (from Ch. 111, par. 5836.18)
33 Sec. 36.18. Disciplinary proceedings.
34 (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, a fair
32 housing violation or deceit in the making of any
33 appraisal of real property. In a disciplinary proceeding
34 based upon a finding of such civil liability, the State
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1 certified or licensed real estate appraiser shall be
2 afforded an opportunity to present mitigating and
3 extenuating circumstances, but may not collaterally
4 attack the civil adjudication.
5 (13) Engaging in misleading or untruthful
6 advertising, or using any trade name or insignia of
7 membership in any real estate appraisal or real estate
8 related organization of which the certificate or license
9 holder is not a member.
10 (b) Pursuant to the action and report in writing of the
11 Committee, the Office of Banks and Real Estate may, in lieu
12 of other discipline, offer administrative supervision to
13 first time offenders, under which the offender is given an
14 administrative warning with conditions that may include, but
15 need not be limited to, the respondent's attendance and
16 successful completion of appraisal courses, payment of part
17 or all of the investigation and prosecution costs associated
18 with the complaint, and payment of restitution to the injured
19 parties.
20 (c) Civil penalties and costs collected pursuant to this
21 Section are to be deposited into the Appraisal Administration
22 Fund.
23 (Source: P.A. 89-23, eff. 7-1-95; 89-508, eff. 7-3-96.)