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90_SB0595sam001
SDS/90SB0595pam1/bkp
1 AMENDMENT TO SENATE BILL 595
2 AMENDMENT NO. . Amend Senate Bill 595, by replacing
3 the title with the following:
4 "AN ACT to amend the Real Estate License Act of 1983 by
5 changing Sections 36.01, 36.10, 36.17 and 36.18"; and
6 by replacing everything after the enacting clause with the
7 following:
8 Section 5. The Real Estate License Act of 1983 is
9 amended by changings 36.01, 36.10, 36.17 and 36.18 as
10 follows:
11 (225 ILCS 455/36.01) (from Ch. 111, par. 5836.01)
12 Sec. 36.01. Statement of purpose. The intent of this
13 Article of the Real Estate License Act of 1983 is to enable
14 real estate appraisers in this State to voluntarily obtain a
15 real estate appraiser's license or real estate appraiser's
16 certificate for the purpose of enabling real estate
17 appraisers to conduct appraisals which are required to be
18 performed by a State licensed or State certified appraiser
19 under the provisions of Title XI of the federal Financial
20 Institutions Reform, Recovery, and Enforcement Act of 1989,
21 (12 U.S.C., Chapter 34A), and Title VIII of the Civil Rights
22 Act of 1968 (the Fair Housing Law), and the Illinois Human
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1 Rights Act, as now or hereafter amended. It is the intent of
2 the General Assembly that this Act shall be consistent with
3 the provisions of Title XI of the federal Financial
4 Institutions Reform, Recovery and Enforcement Act of 1989, as
5 now or hereafter amended.
6 Nothing in this Act shall preclude a person who is not
7 certified or licensed under this Article from appraising real
8 estate in this State for compensation.
9 (Source: P.A. 87-795.)
10 (225 ILCS 455/36.10) (from Ch. 111, par. 5836.10)
11 Sec. 36.10. Examination prerequisites.
12 (a) Certified general real estate appraiser. As a
13 prerequisite to taking the examination for certification as a
14 State certified general real estate appraiser, an applicant
15 shall present evidence of having successfully completed a 4
16 year course of study in a high school or secondary school
17 approved by the Illinois State Board of Education or an
18 equivalent course of study as determined by an examination
19 conducted by the Illinois State Board of Education which
20 shall be verified under oath by the applicant, and shall
21 present evidence, satisfactory to the Office of Banks and
22 Real Estate, that he or she has successfully completed not
23 less than 150 classroom hours or its equivalent, as provided
24 by rule, of courses in subjects relating to real estate
25 appraisal, plus 15 classroom hours relating to standards of
26 professional practice and the provisions of this Article from
27 one or more of the following entities, approved by the Office
28 of Banks and Real Estate:
29 (1) a college or university;
30 (2) a community college or junior college;
31 (3) a real estate appraisal or real estate related
32 organization;
33 (4) a trade association or organization that
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1 consists in whole or in part of members engaged in real
2 estate appraising; or
3 (5) any other providers approved by the Office of
4 Banks and Real Estate.
5 (b) Certified residential real estate appraiser. As a
6 prerequisite to taking the examination for certification as a
7 State certified residential real estate appraiser, an
8 applicant shall present evidence of having successfully
9 completed a 4 year course of study in a high school or
10 secondary school approved by the Illinois State Board of
11 Education or an equivalent course of study as determined by
12 an examination conducted by the Illinois State Board of
13 Education which shall be verified under oath by the
14 applicant, and shall present evidence, satisfactory to the
15 Office of Banks and Real Estate, that he or she has
16 successfully completed not less than 90 classroom hours or
17 its equivalent, as provided by rule, or that amount mandated
18 under Title XI of the federal Financial Institutions Reform,
19 Recovery and Enforcement Act of 1989, whichever is greater,
20 of courses in subjects relating to real estate appraisal,
21 plus 15 classroom hours relating to standards of professional
22 practice and the provisions of this Article from one or more
23 of the following entities, approved by the Office of Banks
24 and Real Estate:
25 (1) a college or university;
26 (2) a community college or junior college;
27 (3) a real estate appraisal or real estate related
28 organization;
29 (4) a trade association or organization that
30 consists in whole or in part of members engaged in real
31 estate appraising; or
32 (5) any other provider approved by the Office of
33 Banks and Real Estate.
34 (c) Licensed real estate appraiser. As a prerequisite to
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1 taking the examination for obtaining a license as a State
2 licensed real estate appraiser, an applicant shall present
3 evidence of having successfully completed a 4 year course of
4 study in a high school or secondary school approved by the
5 Illinois State Board of Education or an equivalent course of
6 study as determined by an examination conducted by the
7 Illinois State Board of Education which shall be verified
8 under oath by the applicant, and shall present evidence
9 satisfactory to the Office of Banks and Real Estate that he
10 or she has successfully completed not less than 60 classroom
11 hours or its equivalent, as provided by rule, of courses in
12 subjects relating to real estate appraisal, plus 15 classroom
13 hours relating to standards of professional practice and the
14 provisions of this Article, from one or more of the following
15 entities, approved by the Office of Banks and Real Estate:
16 (1) a college or university;
17 (2) a community college or junior college;
18 (3) a real estate appraisal or real estate related
19 organization;
20 (4) a trade association or organization that
21 consists in whole or in part of members engaged in real
22 estate appraising; or
23 (5) any other providers approved by the Office of
24 Banks and Real Estate.
25 The Office of Banks and Real Estate shall provide by
26 rule, a requirement for course work in fair housing/fair
27 lending to be included within the requirements of this
28 Section.
29 (Source: P.A. 89-508, eff. 7-3-96.)
30 (225 ILCS 455/36.17) (from Ch. 111, par. 5836.17)
31 Sec. 36.17. Continuing education.
32 (a) As a prerequisite to renewal of a certificate or
33 license, a State certified or licensed real estate appraiser
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1 shall present evidence satisfactory to the Office of Banks
2 and Real Estate, as provided by rule, of having completed not
3 less than 10 hours per year of continuing education, or its
4 equivalent as provided by rule, from one or more of the
5 following entities approved by the Office of Banks and Real
6 Estate:
7 (1) a college or university;
8 (2) a community college or junior college;
9 (3) a real estate appraisal or real estate related
10 organization;
11 (4) a trade association or organization that
12 consists in whole or in part of members engaged in real
13 estate appraising; or
14 (5) such other providers approved by the Office of
15 Banks and Real Estate.
16 The Office of Banks and Real Estate shall provide by
17 rule, a requirement for course work in fair housing/fair
18 lending to be included within the requirements of this
19 Section.
20 The Office of Banks and Real Estate may provide by rule
21 for the temporary waiver of such continuing education
22 requirement for good cause.
23 (b) In lieu of meeting the requirements of subsection
24 (a) of this Section an applicant for renewal of a certificate
25 or license may satisfy all or part of the requirements by
26 presenting evidence of the following:
27 (1) Completion of an educational program of study
28 determined by rule to be equivalent, for continuing
29 education purposes, to courses approved pursuant to
30 subsection (a); or
31 (2) Participation, other than as a student, in
32 educational processes and programs approved pursuant to
33 subsection (a) which relate to real property appraisal
34 theory, practices or techniques, including, but not
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1 limited to, teaching, program development and preparation
2 of textbooks, monographs, articles, and other
3 instructional materials.
4 (c) The Office of Banks and Real Estate, by rule, may
5 require periodic testing of a registrant's understanding of
6 Article 2 of this Act. Continuing education credit hours
7 shall be awarded for successful completion of the periodic
8 examination.
9 (Source: P.A. 89-23, eff. 7-1-95; 89-508, eff. 7-3-96.)
10 (225 ILCS 455/36.18) (from Ch. 111, par. 5836.18)
11 Sec. 36.18. Disciplinary proceedings.
12 (a) Pursuant to the action and report in writing of the
13 Committee, the Office of Banks and Real Estate may suspend,
14 revoke, place on probation, or reprimand the certificate or
15 license of any State certified or licensed real estate
16 appraiser, or may refuse to issue or renew a certificate or
17 license, or may impose a civil penalty not to exceed $10,000
18 upon the holder of a certificate or license, or the holder of
19 a certificate or license may be otherwise disciplined for any
20 of the following acts or omissions:
21 (1) Procuring or attempting to procure a
22 certificate or license by knowingly making a false
23 statement, submitting false information, refusing to
24 provide complete information in response to a question in
25 an application for certification or licensure or through
26 any form of fraud or misrepresentation.
27 (2) Failing to meet the minimum qualifications for
28 certification or licensure as an appraiser established by
29 this Article.
30 (3) Paying money, other than for the fees provided
31 for by this Article, to any member or employee of the
32 Committee or Office of Banks and Real Estate to procure a
33 certificate or license under this Article.
34 (4) A conviction, including conviction based upon a
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1 plea of guilty or nolo contendere, of a crime which is
2 substantially related to the qualifications, functions,
3 and duties of a person developing real estate appraisals
4 and communicating real estate appraisals to others.
5 (5) An act or omission involving dishonesty, fraud
6 or misrepresentation with the intent to substantially
7 benefit the certificate or license holder or another
8 person, or with intent to substantially injure another
9 person.
10 (6) Violation of any of the standards for the
11 development or communication of real estate appraisals as
12 provided in Section 36.21 of this Act.
13 (7) Failure or refusal without good cause to
14 exercise reasonable diligence in developing an appraisal,
15 preparing an appraisal report or communicating an
16 appraisal.
17 (8) Negligence or incompetence in developing an
18 appraisal, in preparing an appraisal report, or in
19 communicating an appraisal.
20 (9) Willfully disregarding or violating any of the
21 provisions of this Article or the rules or regulations
22 promulgated for the administration and enforcement of
23 this Article.
24 (10) Accepting an appraisal assignment for
25 valuation when the employment itself is contingent upon
26 the appraiser reporting a predetermined estimate,
27 analysis or opinion, or where the fee to be paid is
28 contingent upon the opinion, conclusion, or valuation
29 reached, or upon the consequences resulting from the
30 appraisal assignment.
31 (11) Violation of the confidential nature of
32 governmental records to which he or she gained access
33 through employment or engagement as an appraiser by a
34 governmental agency.
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1 (11.5) Developing valuation conclusions based on
2 the race, color, religion, sex, national origin,
3 ancestry, age, marital status, familial status, physical
4 or mental handicap, or unfavorable military discharge (as
5 defined by the Illinois Human Rights Act) of prospective
6 or present owners or occupants of the area of the
7 property being appraised.
8 (12) Adjudication of liability in a civil
9 proceeding on grounds of fraud, misrepresentation, a fair
10 housing violation or deceit in the making of any
11 appraisal of real property. In a disciplinary proceeding
12 based upon a finding of such civil liability, the State
13 certified or licensed real estate appraiser shall be
14 afforded an opportunity to present mitigating and
15 extenuating circumstances, but may not collaterally
16 attack the civil adjudication.
17 (13) Engaging in misleading or untruthful
18 advertising, or using any trade name or insignia of
19 membership in any real estate appraisal or real estate
20 related organization of which the certificate or license
21 holder is not a member.
22 (b) Pursuant to the action and report in writing of the
23 Committee, the Office of Banks and Real Estate may, in lieu
24 of other discipline, offer administrative supervision to
25 first time offenders, under which the offender is given an
26 administrative warning with conditions that may include, but
27 need not be limited to, the respondent's attendance and
28 successful completion of appraisal courses, payment of part
29 or all of the investigation and prosecution costs associated
30 with the complaint, and payment of restitution to the injured
31 parties.
32 (c) Civil penalties and costs collected pursuant to this
33 Section are to be deposited into the Appraisal Administration
34 Fund.
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1 (Source: P.A. 89-23, eff. 7-1-95; 89-508, eff. 7-3-96.)