Bill Text: IL HB0596 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Athletic Trainers Practice Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB0596 Detail]

Download: Illinois-2013-HB0596-Amended.html

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Rep. Frank J. Mautino

Filed: 3/19/2013

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AMENDMENT TO HOUSE BILL 596
AMENDMENT NO. ______. Amend House Bill 596 by replacing
everything after the enacting clause with the following:
"Section 5. The Real Estate Appraiser Licensing Act of 2002
is amended by changing Section 5-5 as follows:
(225 ILCS 458/5-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-5. Necessity of license; use of title; exemptions.
(a) It is unlawful for a person to (i) act, offer services,
or advertise services as a State certified general real estate
appraiser, State certified residential real estate appraiser,
or associate real estate trainee appraiser, (ii) develop a real
estate appraisal, (iii) practice as a real estate appraiser, or
(iv) advertise or hold himself or herself out to be a real
estate appraiser without a license issued under this Act. A
person who violates this subsection is guilty of a Class A

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misdemeanor for a first offense and a Class 4 felony for any
subsequent offense.
(a-5) It is unlawful for a person, unless registered as an
appraisal management company, to solicit clients or enter into
an appraisal engagement with clients without either a certified
residential real estate appraiser license or a certified
general real estate appraiser license issued under this Act. A
person who violates this subsection is guilty of a Class A
misdemeanor for a first offense and a Class 4 felony for any
subsequent offense.
(b) It is unlawful for a person, other than a person who
holds a valid license issued pursuant to this Act as a State
certified general real estate appraiser, a State certified
residential real estate appraiser, or an associate real estate
trainee appraiser to use these titles or any other title,
designation, or abbreviation likely to create the impression
that the person is licensed as a real estate appraiser pursuant
to this Act. A person who violates this subsection is guilty of
a Class A misdemeanor for a first offense and a Class 4 felony
for any subsequent offense.
(c) The licensing requirements of this Act do not require a
person who holds a valid license pursuant to the Real Estate
License Act of 2000, to be licensed as a real estate appraiser
under this Act, unless that person is providing or attempting
to provide an appraisal report, as defined in Section 1-10 of
this Act, in connection with a federally-related transaction.

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Nothing in this Act shall prohibit a person who holds a valid
license under the Real Estate License Act of 2000 from
performing a comparative market analysis or broker price
opinion for compensation, provided that the person does not
hold himself out as being a licensed real estate appraiser.
(d) Nothing in this Act shall preclude a State certified
general real estate appraiser, a State certified residential
real estate appraiser, or an associate real estate trainee
appraiser from rendering appraisals for or on behalf of a
partnership, association, corporation, firm, or group.
However, no State appraisal license or certification shall be
issued under this Act to a partnership, association,
corporation, firm, or group.
(e) This Act does not apply to a county assessor, township
assessor, multi-township assessor, county supervisor of
assessments, or any deputy or employee of any county assessor,
township assessor, multi-township assessor, or county
supervisor of assessments or any employee of the Department of
Revenue who is performing his or her respective duties in
accordance with the provisions of the Property Tax Code.
(e-5) For the purposes of this Act, the following types of
valuations are not appraisals and may not be represented to be
appraisals, and a license is not required under this Act to
perform such valuations if the valuations are performed by an
employee of the Illinois Department of Transportation or an
employee of a county:

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(1) a valuation waiver in an amount not to exceed
$10,000 prepared pursuant to the federal Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended; or
(2) a valuation waiver in an amount not to exceed
$10,000 prepared pursuant to the federal Uniform
Relocation Assistance and Real Property Acquisition for
Federal and Federally-Assisted Programs regulations.
Nothing in this subsection (e-5) shall be construed to
allow the State of Illinois, a political subdivision thereof,
or any public body to acquire real estate by eminent domain in
any manner other than provided for in the Eminent Domain Act.
(f) A State real estate appraisal certification or license
is not required under this Act for any of the following:
(1) A person, partnership, association, or corporation
that performs appraisals of property owned by that person,
partnership, association, or corporation for the sole use
of that person, partnership, association, or corporation.
(2) A court-appointed commissioner who conducts an
appraisal pursuant to a judicially ordered evaluation of
property.
However, any person who is certified or licensed under this Act
and who performs any of the activities set forth in this
subsection (f) must comply with the provisions of this Act. A
person who violates this subsection (f) is guilty of a Class A
misdemeanor for a first offense and a Class 4 felony for any

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subsequent offense.
(g) This Act does not apply to an employee, officer,
director, or member of a credit or loan committee of a
financial institution or any other person engaged by a
financial institution when performing an evaluation of real
property for the sole use of the financial institution in a
transaction for which the financial institution would not be
required to use the services of a State licensed or State
certified appraiser pursuant to federal regulations adopted
under Title XI of the federal Financial Institutions Reform,
Recovery, and Enforcement Act of 1989, nor does this Act apply
to the procurement of an automated valuation model.
"Automated valuation model" means an automated system that
is used to derive a property value through the use of publicly
available property records and various analytic methodologies
such as comparable sales prices, home characteristics, and
historical home price appreciations.
(Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".