Bill Text: IL SB2852 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the Real Estate Appraiser Licensing Act of 2002 and Appraisal Management Company Registration Act. Provides that the Secretary of Financial and Professional Regulation may require participation in a third-party, multi-state licensing system for the licensing of certified general real estate appraisers, certified residential real estate appraisers, associate real estate trainee appraisers, and real estate appraisal education providers; and registration of appraisal management companies. Makes corresponding changes in both Acts. Provides that the multi-state licensing system may share regulatory information and maintain records in compliance with the provisions of the Acts. Provides that the multi-state licensing system may charge an applicant an administration fee that shall be paid directly to the system. Defines "multi-state licensing system". In provisions of the Real Estate Appraiser Licensing Act of 2002 concerning criminal history record checks, provides that the Secretary may designate a multi-state licensing system to perform the checks. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-09 - Session Sine Die [SB2852 Detail]
Download: Illinois-2017-SB2852-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Real Estate Appraiser Licensing Act of 2002 | ||||||
5 | is amended by changing Sections 1-10, 5-10, 5-15, 5-20, 5-22, | ||||||
6 | 5-25, 5-55, 20-5, and 20-10 and by adding Section 5-7 as | ||||||
7 | follows:
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8 | (225 ILCS 458/1-10)
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9 | (Section scheduled to be repealed on January 1, 2022)
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10 | Sec. 1-10. Definitions. As used in this Act, unless the | ||||||
11 | context
otherwise requires:
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12 | "Accredited college or university, junior college, or | ||||||
13 | community college" means a college or university, junior | ||||||
14 | college, or community college that is approved or accredited by | ||||||
15 | the Board of Higher Education, a regional or national | ||||||
16 | accreditation association, or by an accrediting agency that is | ||||||
17 | recognized by the U.S. Secretary of Education.
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18 | "Address of record" means the designated address recorded | ||||||
19 | by the Department in the applicant's or licensee's application | ||||||
20 | file or license file as maintained by the Department's | ||||||
21 | licensure maintenance unit. It is the duty of the applicant or | ||||||
22 | licensee to inform the Department of any change of address and | ||||||
23 | those changes must be made either through the Department's |
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1 | website or by contacting the Department. | ||||||
2 | "Applicant" means person who applies to the Department
for | ||||||
3 | a license under this Act.
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4 | "Appraisal" means
(noun) the act or process of developing | ||||||
5 | an opinion
of value; an
opinion of value (adjective) of or | ||||||
6 | pertaining to appraising
and related functions, such as | ||||||
7 | appraisal practice or appraisal services. | ||||||
8 | "Appraisal assignment" means a valuation service provided | ||||||
9 | as a consequence of an agreement between an appraiser and a | ||||||
10 | client. | ||||||
11 | "Appraisal consulting" means the act or process of | ||||||
12 | developing an analysis, recommendation, or opinion to solve a | ||||||
13 | problem, where an opinion of value is a component of the | ||||||
14 | analysis leading to the assignment results. | ||||||
15 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
16 | owned and controlled by a person or persons licensed in | ||||||
17 | Illinois as a certified general real estate appraiser or a | ||||||
18 | certified residential real estate appraiser. "Appraisal firm" | ||||||
19 | does not include an appraisal management company. | ||||||
20 | "Appraisal management company" means any corporation, | ||||||
21 | limited liability company, partnership, sole proprietorship, | ||||||
22 | subsidiary, unit, or other business entity that directly or | ||||||
23 | indirectly performs the following appraisal management | ||||||
24 | services: (1) administers networks of independent contractors | ||||||
25 | or employee appraisers to perform real estate appraisal | ||||||
26 | assignments for clients; (2) receives requests for real estate |
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1 | appraisal services from clients and, for a fee paid by the | ||||||
2 | client, enters into an agreement with one or more independent | ||||||
3 | appraisers to perform the real estate appraisal services | ||||||
4 | contained in the request; or (3) otherwise serves as a | ||||||
5 | third-party broker of appraisal management services between | ||||||
6 | clients and appraisers. "Appraisal management company" does | ||||||
7 | not include an appraisal firm. | ||||||
8 | "Appraisal practice" means valuation services performed by | ||||||
9 | an individual acting as an appraiser, including, but not | ||||||
10 | limited to, appraisal, appraisal review, or appraisal | ||||||
11 | consulting.
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12 | "Appraisal report" means any communication, written or | ||||||
13 | oral, of an appraisal or appraisal review that is transmitted | ||||||
14 | to a client upon completion of an assignment.
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15 | "Appraisal review" means the act or process of developing | ||||||
16 | and communicating an opinion about the quality of another | ||||||
17 | appraiser's work that was performed as part of an appraisal, | ||||||
18 | appraisal review, or appraisal assignment.
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19 | "Appraisal Subcommittee" means the Appraisal Subcommittee | ||||||
20 | of the Federal
Financial Institutions
Examination Council as | ||||||
21 | established by Title XI.
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22 | "Appraiser" means a person who performs
real estate or real | ||||||
23 | property
appraisals.
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24 | "AQB" means the Appraisal Qualifications Board of the | ||||||
25 | Appraisal Foundation.
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26 | "Associate real estate trainee appraiser" means an |
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1 | entry-level appraiser who holds
a license of this | ||||||
2 | classification under this Act with restrictions as to the scope | ||||||
3 | of practice
in
accordance with this Act.
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4 | "Board" means the Real Estate Appraisal Administration and | ||||||
5 | Disciplinary Board.
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6 | "Broker price opinion" means an estimate or analysis of the | ||||||
7 | probable selling price of a particular interest in real estate, | ||||||
8 | which may provide a varying level of detail about the | ||||||
9 | property's condition, market, and neighborhood and information | ||||||
10 | on comparable sales. The activities of a real estate broker or | ||||||
11 | managing broker engaging in the ordinary course of business as | ||||||
12 | a broker, as defined in this Section, shall not be considered a | ||||||
13 | broker price opinion if no compensation is paid to the broker | ||||||
14 | or managing broker, other than compensation based upon the sale | ||||||
15 | or rental of real estate. | ||||||
16 | "Classroom hour" means 50 minutes of instruction out of | ||||||
17 | each 60 minute
segment of coursework.
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18 | "Client" means the party or parties who engage an appraiser | ||||||
19 | by employment or contract in a specific appraisal assignment.
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20 | "Comparative market analysis" is an analysis or opinion | ||||||
21 | regarding pricing, marketing, or financial aspects relating to | ||||||
22 | a specified interest or interests in real estate that may be | ||||||
23 | based upon an analysis of comparative market data, the | ||||||
24 | expertise of the real estate broker or managing broker, and | ||||||
25 | such other factors as the broker or managing broker may deem | ||||||
26 | appropriate in developing or preparing such analysis or |
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1 | opinion. The activities of a real estate broker or managing | ||||||
2 | broker engaging in the ordinary course of business as a broker, | ||||||
3 | as defined in this Section, shall not be considered a | ||||||
4 | comparative market analysis if no compensation is paid to the | ||||||
5 | broker or managing broker, other than compensation based upon | ||||||
6 | the sale or rental of real estate. | ||||||
7 | "Coordinator" means the Coordinator of Real Estate | ||||||
8 | Appraisal of the Division of Professional Regulation of the | ||||||
9 | Department of Financial and Professional Regulation.
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10 | "Department" means the Department of Financial and | ||||||
11 | Professional Regulation.
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12 | "Federal financial institutions regulatory agencies" means | ||||||
13 | the Board of
Governors of the Federal Reserve
System, the | ||||||
14 | Federal Deposit Insurance Corporation, the Office of the
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15 | Comptroller of the Currency, the
Consumer Financial Protection | ||||||
16 | Bureau, and the National Credit Union Administration.
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17 | "Federally related transaction" means any real | ||||||
18 | estate-related financial
transaction in which a federal
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19 | financial institutions regulatory agency
engages in, contracts | ||||||
20 | for, or
regulates and requires the services
of an appraiser.
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21 | "Financial institution" means any bank, savings bank, | ||||||
22 | savings and loan
association, credit union,
mortgage broker, | ||||||
23 | mortgage banker, licensee under the Consumer Installment Loan
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24 | Act or the Sales
Finance Agency Act, or a corporate fiduciary, | ||||||
25 | subsidiary, affiliate, parent
company, or holding company
of | ||||||
26 | any such licensee, or any institution involved in real estate |
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1 | financing that
is regulated by state or
federal law.
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2 | "Multi-state licensing system" means a web-based platform | ||||||
3 | that allows an applicant to submit his or her application or | ||||||
4 | license renewal application to the Department online. | ||||||
5 | "Person" means an individual, entity, sole proprietorship, | ||||||
6 | corporation, limited liability company, partnership, and joint | ||||||
7 | venture, foreign or domestic, except that when the context | ||||||
8 | otherwise requires, the term may refer to more than one | ||||||
9 | individual or other described entity. | ||||||
10 | "Real estate" means an identified parcel or tract of land, | ||||||
11 | including any
improvements.
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12 | "Real estate related financial transaction" means any | ||||||
13 | transaction involving:
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14 | (1) the sale, lease, purchase, investment in, or | ||||||
15 | exchange of real
property,
including interests
in property | ||||||
16 | or the financing thereof;
| ||||||
17 | (2) the refinancing of real property or interests in | ||||||
18 | real property; and
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19 | (3) the use of real property or interest in property as | ||||||
20 | security for a
loan or
investment,
including mortgage | ||||||
21 | backed securities.
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22 | "Real property" means the interests, benefits, and rights | ||||||
23 | inherent in the
ownership of real estate.
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24 | "Secretary" means the Secretary of Financial and | ||||||
25 | Professional Regulation.
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26 | "State certified general real estate
appraiser" means an |
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1 | appraiser who holds a
license of this classification under this | ||||||
2 | Act
and such classification applies to
the appraisal of all | ||||||
3 | types of real property without restrictions as to
the scope of | ||||||
4 | practice.
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5 | "State certified residential real estate
appraiser" means | ||||||
6 | an appraiser who
holds a
license of this classification
under | ||||||
7 | this Act
and such classification applies to
the appraisal of
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8 | one to 4 units of
residential real property without regard to | ||||||
9 | transaction value or complexity,
but with restrictions as to | ||||||
10 | the
scope of practice
in a federally related transaction in | ||||||
11 | accordance with Title
XI, the provisions of USPAP,
criteria | ||||||
12 | established by the AQB, and further defined by rule.
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13 | "Supervising appraiser" means either (i) an appraiser who | ||||||
14 | holds a valid license under this Act as either a State | ||||||
15 | certified general real estate appraiser or a State certified | ||||||
16 | residential real estate appraiser, who co-signs an appraisal | ||||||
17 | report for an associate real estate trainee appraiser or (ii) a | ||||||
18 | State certified general real estate appraiser who holds a valid | ||||||
19 | license under this Act who co-signs an appraisal report for a | ||||||
20 | State certified residential real estate appraiser on | ||||||
21 | properties other than one to 4 units of residential real | ||||||
22 | property without regard to transaction value or complexity.
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23 | "Title XI" means Title XI of the federal Financial | ||||||
24 | Institutions Reform,
Recovery and
Enforcement Act of 1989.
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25 | "USPAP" means the Uniform Standards of Professional | ||||||
26 | Appraisal Practice as
promulgated by the
Appraisal Standards |
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1 | Board pursuant to Title XI and by rule.
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2 | "Valuation services" means services pertaining to aspects | ||||||
3 | of property value. | ||||||
4 | (Source: P.A. 97-602, eff. 8-26-11; 98-1109, eff. 1-1-15 .)
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5 | (225 ILCS 458/5-7 new) | ||||||
6 | Sec. 5-7. Multi-state licensing system. The Secretary may | ||||||
7 | require participation in a third-party, multi-state licensing | ||||||
8 | system for licensing under this Act. The multi-state licensing | ||||||
9 | system may share regulatory information and maintain records in | ||||||
10 | compliance with the provisions of this Act. The multi-state | ||||||
11 | licensing system may charge an applicant an administration fee.
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12 | (225 ILCS 458/5-10)
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13 | (Section scheduled to be repealed on January 1, 2022)
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14 | Sec. 5-10. Application for State
certified general real | ||||||
15 | estate appraiser.
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16 | (a) Every person who
desires to obtain a State certified | ||||||
17 | general real estate appraiser license
shall:
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18 | (1) apply to the Department
on forms provided by the | ||||||
19 | Department , or through a multi-state licensing system as | ||||||
20 | designated by the Secretary,
accompanied by the required | ||||||
21 | fee;
| ||||||
22 | (2) be at least 18 years of age;
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23 | (3) (blank);
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24 | (4) personally take and pass an examination authorized |
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1 | by the Department
and endorsed
by the AQB;
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2 | (5) prior to taking the examination, provide evidence | ||||||
3 | to the Department, or through a multi-state licensing | ||||||
4 | system as designated by the Secretary, in Modular Course | ||||||
5 | format, with each module conforming to the Required Core | ||||||
6 | Curriculum established and adopted by the AQB,
that he or | ||||||
7 | she
has successfully completed the prerequisite
classroom | ||||||
8 | hours of instruction in appraising as established by the | ||||||
9 | AQB and by
rule; and
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10 | (6) prior to taking the examination, provide evidence
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11 | to the Department , or through a multi-state licensing | ||||||
12 | system as designated by the Secretary,
that he or she has | ||||||
13 | successfully completed the prerequisite
experience and | ||||||
14 | educational requirements in appraising as established by | ||||||
15 | AQB and by rule.
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16 | (b) Applicants must provide evidence to the Department , or | ||||||
17 | through a multi-state licensing system as designated by the | ||||||
18 | Secretary, of holding a Bachelor's degree or higher from an | ||||||
19 | accredited college or university. | ||||||
20 | (Source: P.A. 98-1109, eff. 1-1-15 .)
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21 | (225 ILCS 458/5-15)
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22 | (Section scheduled to be repealed on January 1, 2022)
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23 | Sec. 5-15. Application for State certified residential | ||||||
24 | real estate
appraiser. Every person who
desires to obtain a | ||||||
25 | State certified residential real estate appraiser license
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1 | shall:
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2 | (1) apply to the Department
on forms provided by the | ||||||
3 | Department , or through a multi-state licensing system as | ||||||
4 | designated by the Secretary,
accompanied by the required | ||||||
5 | fee;
| ||||||
6 | (2) be at least 18 years of age;
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7 | (3) (blank);
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8 | (4) personally take and pass an examination authorized | ||||||
9 | by the Department
and endorsed
by
the AQB;
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10 | (5) prior to taking the examination, provide evidence
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11 | to the Department, or through a multi-state licensing | ||||||
12 | system as designated by the Secretary, in Modular Course | ||||||
13 | format, with each module conforming to the Required Core | ||||||
14 | Curriculum established and adopted by the AQB,
that he or | ||||||
15 | she has successfully completed the prerequisite
classroom | ||||||
16 | hours of instruction in appraising as established by the | ||||||
17 | AQB and by
rule; and
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18 | (6) prior to taking the examination, provide evidence
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19 | to the Department , or through a multi-state licensing | ||||||
20 | system as designated by the Secretary,
that he or she has | ||||||
21 | successfully completed the prerequisite
experience and | ||||||
22 | educational requirements as established by AQB and by rule.
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23 | (Source: P.A. 100-201, eff. 8-18-17.)
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24 | (225 ILCS 458/5-20)
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25 | (Section scheduled to be repealed on January 1, 2022)
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1 | Sec. 5-20. Application for associate real estate trainee
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2 | appraiser. Every person who desires to obtain an associate real | ||||||
3 | estate trainee appraiser
license shall:
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4 | (1) apply to the Department
on forms provided by the | ||||||
5 | Department , or through a multi-state licensing system as | ||||||
6 | designated by the Secretary,
accompanied by the required
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7 | fee;
| ||||||
8 | (2) be at least 18 years of age;
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9 | (3) provide evidence of having attained a high school | ||||||
10 | diploma or completed
an
equivalent course of
study as | ||||||
11 | determined by an examination conducted
or accepted
by the | ||||||
12 | Illinois State Board of
Education;
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13 | (4) personally take and pass an examination authorized | ||||||
14 | by the Department; and
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15 | (5) prior to taking the examination, provide evidence
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16 | to the Department , or through a multi-state licensing | ||||||
17 | system as designated by the Secretary,
that he or she has | ||||||
18 | successfully
completed
the prerequisite qualifying and any | ||||||
19 | conditional education requirements as established by
rule.
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20 | (Source: P.A. 98-1109, eff. 1-1-15 .)
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21 | (225 ILCS 458/5-22) | ||||||
22 | (Section scheduled to be repealed on January 1, 2022) | ||||||
23 | Sec. 5-22. Criminal history records check. | ||||||
24 | (a) Each applicant for licensure by examination or | ||||||
25 | restoration shall have his or her fingerprints submitted to the |
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1 | Department of State Police in an electronic format that | ||||||
2 | complies with the form and manner for requesting and furnishing | ||||||
3 | criminal history record information as prescribed by the | ||||||
4 | Department of State Police. These fingerprints shall be checked | ||||||
5 | against the Department of State Police and Federal Bureau of | ||||||
6 | Investigation criminal history record databases now and | ||||||
7 | hereafter filed. The Department of State Police shall charge | ||||||
8 | applicants a fee for conducting the criminal history records | ||||||
9 | check, which shall be deposited into the State Police Services | ||||||
10 | Fund and shall not exceed the actual cost of the records check. | ||||||
11 | The Department of State Police shall
furnish, pursuant to | ||||||
12 | positive identification, records of Illinois convictions to | ||||||
13 | the Department. The Department may require applicants to pay a | ||||||
14 | separate fingerprinting fee, either to the Department or to a | ||||||
15 | vendor. The Department may adopt any rules necessary to | ||||||
16 | implement this Section.
| ||||||
17 | (b) The Secretary may designate a multi-state licensing | ||||||
18 | system to perform the functions described in subsection (a). | ||||||
19 | The Department may require applicants to pay a separate | ||||||
20 | fingerprinting fee, either to the Department or to the | ||||||
21 | multi-state licensing system. The Department may adopt any | ||||||
22 | rules necessary to implement this subsection. | ||||||
23 | (Source: P.A. 98-1109, eff. 1-1-15 .)
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24 | (225 ILCS 458/5-25)
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25 | (Section scheduled to be repealed on January 1, 2022)
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1 | Sec. 5-25. Renewal of license.
| ||||||
2 | (a) The expiration date and renewal period
for a State | ||||||
3 | certified general
real estate appraiser license
or a State | ||||||
4 | certified residential
real estate appraiser license issued | ||||||
5 | under
this Act shall be set by rule.
Except as otherwise | ||||||
6 | provided in subsections (b) and (f) of this Section, the
holder | ||||||
7 | of a license may renew
the license within 90 days preceding the | ||||||
8 | expiration date by:
| ||||||
9 | (1) completing and submitting to the Department , or | ||||||
10 | through a multi-state licensing system as designated by the | ||||||
11 | Secretary,
a renewal application form as
provided by
the | ||||||
12 | Department;
| ||||||
13 | (2) paying the required fees; and
| ||||||
14 | (3) providing evidence to the Department, or through a | ||||||
15 | multi-state licensing system as designated by the | ||||||
16 | Secretary, of successful completion of the continuing
| ||||||
17 | education requirements through courses approved by the | ||||||
18 | Department
from
education providers licensed by the | ||||||
19 | Department, as established by the AQB
and by rule.
| ||||||
20 | (b) A State certified general real estate appraiser
or | ||||||
21 | State certified
residential real estate
appraiser whose | ||||||
22 | license under this Act has expired may renew
the license for a | ||||||
23 | period of
2 years following the expiration date by complying | ||||||
24 | with the requirements of
paragraphs (1), (2),
and (3) of | ||||||
25 | subsection (a)
of this Section and paying any late penalties | ||||||
26 | established by rule.
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1 | (c) (Blank).
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2 | (d) The expiration date and renewal period for an associate | ||||||
3 | real estate
trainee appraiser license issued under this
Act | ||||||
4 | shall be set by rule. Except as otherwise provided in | ||||||
5 | subsections (e) and
(f) of this Section, the holder
of an | ||||||
6 | associate real estate appraiser license may renew the license | ||||||
7 | within 90
days preceding the expiration date by:
| ||||||
8 | (1) completing and submitting to the Department , or | ||||||
9 | through a multi-state licensing system as designated by the | ||||||
10 | Secretary,
a renewal application form as
provided by the | ||||||
11 | Department;
| ||||||
12 | (2) paying the required fees; and
| ||||||
13 | (3) providing evidence to the Department, or through a | ||||||
14 | multi-state licensing system as designated by the | ||||||
15 | Secretary, of successful completion of the continuing
| ||||||
16 | education requirements through
courses approved by the | ||||||
17 | Department
from education providers approved
by the | ||||||
18 | Department, as established by rule.
| ||||||
19 | (e) Any associate real estate appraiser trainee whose | ||||||
20 | license under this Act has
expired may
renew the license for a | ||||||
21 | period of 2 years following the expiration date
by complying | ||||||
22 | with the requirements of paragraphs
(1), (2), and (3) of | ||||||
23 | subsection (d) of this Section and paying any late
penalties
as | ||||||
24 | established by rule. An associate real estate trainee appraiser | ||||||
25 | license may not be renewed more than 2 times.
| ||||||
26 | (f) Notwithstanding subsections (c) and (e), an
appraiser |
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| |||||||
1 | whose license
under this Act has expired may renew or convert | ||||||
2 | the license without
paying any lapsed renewal
fees or late | ||||||
3 | penalties if the license expired while the appraiser was:
| ||||||
4 | (1) on active duty with the United States Armed | ||||||
5 | Services;
| ||||||
6 | (2) serving as the Coordinator
of Real Estate Appraisal | ||||||
7 | or an employee of
the Department
who was required to | ||||||
8 | surrender his or her license during the term of
employment.
| ||||||
9 | Application for renewal must be made within 2 years | ||||||
10 | following
the termination of the military service or related | ||||||
11 | education, training, or
employment. The
licensee shall furnish | ||||||
12 | the Department
with an affidavit that he or she was so engaged.
| ||||||
13 | (g) The Department
shall provide reasonable care and due | ||||||
14 | diligence to ensure that each
licensee under this Act
is | ||||||
15 | provided with a renewal application at least 90 days prior to | ||||||
16 | the expiration
date, but
each licensee is responsible to
timely | ||||||
17 | renew or convert his or her license prior to its expiration | ||||||
18 | date.
| ||||||
19 | (Source: P.A. 96-844, eff. 12-23-09 .)
| ||||||
20 | (225 ILCS 458/5-55)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 5-55. Fees. | ||||||
23 | (a) The Department
shall establish rules for fees to be | ||||||
24 | paid by applicants and licensees to
cover the reasonable costs
| ||||||
25 | of the Department
in administering and enforcing the provisions |
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| |||||||
1 | of this Act. The Department, with the advice of the Board,
may
| ||||||
2 | also establish rules for
general fees to cover the reasonable | ||||||
3 | expenses of carrying out other functions
and responsibilities | ||||||
4 | under
this Act.
| ||||||
5 | (b) The administration fee charged by the multi-state | ||||||
6 | licensing system shall be paid directly to the multi-state | ||||||
7 | licensing system. | ||||||
8 | (Source: P.A. 96-844, eff. 12-23-09; 97-602, eff. 8-26-11.)
| ||||||
9 | (225 ILCS 458/20-5)
| ||||||
10 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
11 | Sec. 20-5. Education providers.
| ||||||
12 | (a) Beginning July 1, 2002, only education providers | ||||||
13 | licensed or otherwise approved by the Department
may
provide | ||||||
14 | the qualifying and continuing education courses required for | ||||||
15 | licensure
under this Act.
| ||||||
16 | (b) A person or entity seeking to be licensed as an | ||||||
17 | education
provider under this Act
shall provide satisfactory | ||||||
18 | evidence of the following:
| ||||||
19 | (1) a sound financial base for establishing, | ||||||
20 | promoting, and delivering the
necessary
courses;
| ||||||
21 | (2) a sufficient number of qualified instructors;
| ||||||
22 | (3) adequate support personnel to assist with | ||||||
23 | administrative matters and
technical
assistance;
| ||||||
24 | (4) a written policy dealing with procedures for | ||||||
25 | management of grievances
and fee refunds;
|
| |||||||
| |||||||
1 | (5) a qualified administrator, who is responsible for | ||||||
2 | the
administration of the
education provider, courses, and | ||||||
3 | the actions of the instructors; and
| ||||||
4 | (6) any other requirements as provided by rule.
| ||||||
5 | (c) All applicants for an education provider's license | ||||||
6 | shall make initial
application to the Department
on forms | ||||||
7 | provided by the Department , or through a multi-state licensing | ||||||
8 | system as designated by the Secretary,
and pay the appropriate | ||||||
9 | fee as
provided by rule. The term, expiration date, and renewal | ||||||
10 | of an education
provider's license shall be established by | ||||||
11 | rule.
| ||||||
12 | (d) An education provider shall provide each successful | ||||||
13 | course participant
with a certificate of
completion signed by | ||||||
14 | the school administrator. The format and content of the
| ||||||
15 | certificate shall be specified by rule.
| ||||||
16 | (e) All education providers shall provide to the Department
| ||||||
17 | a monthly roster of all
successful course
participants as | ||||||
18 | provided by rule.
| ||||||
19 | (Source: P.A. 98-1109, eff. 1-1-15 .)
| ||||||
20 | (225 ILCS 458/20-10)
| ||||||
21 | (Section scheduled to be repealed on January 1, 2022)
| ||||||
22 | Sec. 20-10. Course approval.
| ||||||
23 | (a) Only courses offered by licensed education providers | ||||||
24 | and approved
by the Department, courses approved by the AQB, or | ||||||
25 | courses approved by jurisdictions regulated by the Appraisal |
| |||||||
| |||||||
1 | Subcommittee
shall be used to meet the requirements of this Act | ||||||
2 | and rules.
| ||||||
3 | (b) An education provider licensed under this Act may | ||||||
4 | submit courses to the Department , or through a multi-state | ||||||
5 | licensing system as designated by the Secretary,
for approval.
| ||||||
6 | The criteria, requirements, and fees for courses shall be | ||||||
7 | established
by rule in accordance with
this Act and the | ||||||
8 | criteria established by the AQB.
| ||||||
9 | (c) For each course approved, the Department
shall issue a | ||||||
10 | license to the education
provider. The term, expiration date, | ||||||
11 | and renewal of a course approval shall
be
established by rule.
| ||||||
12 | (d) An education provider must use an instructor for each | ||||||
13 | course approved by the Department who (i) holds a valid real | ||||||
14 | estate appraisal license in good standing as a State certified | ||||||
15 | general real estate appraiser or a State certified residential | ||||||
16 | real estate appraiser in Illinois or any other jurisdiction | ||||||
17 | monitored by the Appraisal Subcommittee, (ii) holds a valid | ||||||
18 | teaching certificate issued by the State of Illinois, (iii) is | ||||||
19 | a faculty member in good standing with an accredited college or | ||||||
20 | university or community college, or (iv) is an approved | ||||||
21 | appraisal instructor from an appraisal organization that is a | ||||||
22 | member of the Appraisal Foundation. | ||||||
23 | (Source: P.A. 98-1109, eff. 1-1-15 .)
| ||||||
24 | Section 10. The Appraisal Management Company Registration | ||||||
25 | Act is amended by changing Sections 10, 35, 40, and 55 and by |
| |||||||
| |||||||
1 | adding Section 32 as follows:
| ||||||
2 | (225 ILCS 459/10)
| ||||||
3 | Sec. 10. Definitions. In this Act: | ||||||
4 | "Address of record" means the designated address recorded | ||||||
5 | by the Department in the applicant's or registrant's | ||||||
6 | application file or registration file maintained by the | ||||||
7 | Department's registration maintenance unit. It is the duty of | ||||||
8 | the applicant or registrant to inform the Department of any | ||||||
9 | change of address, and the changes must be made either through | ||||||
10 | the Department's website or by contacting the Department's | ||||||
11 | registration maintenance unit within a prescribed time period | ||||||
12 | as defined by rule. | ||||||
13 | "Applicant" means a person or entity who applies to the | ||||||
14 | Department for a registration under this Act. | ||||||
15 | "Appraisal" means (noun) the act or process of developing | ||||||
16 | an opinion of value; an opinion of value (adjective) of or | ||||||
17 | pertaining to appraising and related functions. | ||||||
18 | "Appraisal firm" means an appraisal entity that is 100% | ||||||
19 | owned and controlled by a person or persons licensed in | ||||||
20 | Illinois as a certified general real estate appraiser or a | ||||||
21 | certified residential real estate appraiser. An appraisal firm | ||||||
22 | does not include an appraisal management company. | ||||||
23 | "Appraisal management company" means any corporation, | ||||||
24 | limited liability company, partnership, sole proprietorship, | ||||||
25 | subsidiary, unit, or other business entity that directly or |
| |||||||
| |||||||
1 | indirectly performs the following appraisal management | ||||||
2 | services: (1) administers networks of independent contractors | ||||||
3 | or employee appraisers to perform real estate appraisal | ||||||
4 | assignments for clients; (2) receives requests for real estate | ||||||
5 | appraisal services from clients and, for a fee paid by the | ||||||
6 | client, enters into an agreement with one or more independent | ||||||
7 | appraisers to perform the real estate appraisal services | ||||||
8 | contained in the request; or (3) otherwise serves as a | ||||||
9 | third-party broker of appraisal management services between | ||||||
10 | clients and appraisers. | ||||||
11 | "Appraisal report" means a written appraisal by an | ||||||
12 | appraiser to a client. | ||||||
13 | "Appraisal practice service" means valuation services | ||||||
14 | performed by an individual acting as an appraiser, including, | ||||||
15 | but not limited to, appraisal, appraisal review, or appraisal | ||||||
16 | consulting. | ||||||
17 | "Appraiser" means a person who performs real estate or real | ||||||
18 | property appraisals. | ||||||
19 | "Assignment result" means an appraiser's opinions and | ||||||
20 | conclusions developed specific to an assignment. | ||||||
21 | "Board" means the Real Estate Appraisal Administration and | ||||||
22 | Disciplinary Board. | ||||||
23 | "Client" means the party or parties who engage an appraiser | ||||||
24 | by employment or contract in a specific appraisal assignment. | ||||||
25 | "Controlling Person" means: | ||||||
26 | (1) an owner, officer, or director of an entity seeking |
| |||||||
| |||||||
1 | to offer appraisal management services; | ||||||
2 | (2) an individual employed, appointed, or authorized | ||||||
3 | by an appraisal management company who has the authority | ||||||
4 | to: | ||||||
5 | (A) enter into a contractual relationship with a | ||||||
6 | client for the performance of an appraisal management | ||||||
7 | service or appraisal practice service; and | ||||||
8 | (B) enter into an agreement with an appraiser for | ||||||
9 | the performance of a real estate appraisal activity; or | ||||||
10 | (3) an individual who possesses, directly or | ||||||
11 | indirectly, the power to direct or cause the
direction of | ||||||
12 | the management or policies of an appraisal management | ||||||
13 | company.
| ||||||
14 | "Coordinator" means the Coordinator of the Appraisal | ||||||
15 | Management Company Registration Unit of the Department or his | ||||||
16 | or her designee. | ||||||
17 | "Department" means the Department of Financial and | ||||||
18 | Professional Regulation. | ||||||
19 | "Entity" means a corporation, a limited liability company, | ||||||
20 | partnership, a sole proprietorship, or other entity providing | ||||||
21 | services or holding itself out to provide services as an | ||||||
22 | appraisal management company or an appraisal management | ||||||
23 | service. | ||||||
24 | "End-user client" means any person who utilizes or engages | ||||||
25 | the services of an appraiser through an appraisal management | ||||||
26 | company. |
| |||||||
| |||||||
1 | "Financial institution" means any bank, savings bank, | ||||||
2 | savings and loan association, credit union, mortgage broker, | ||||||
3 | mortgage banker, registrant under the Consumer Installment | ||||||
4 | Loan Act or the Sales Finance Agency Act, or a corporate | ||||||
5 | fiduciary, subsidiary, affiliate, parent company, or holding | ||||||
6 | company of any registrant, or any institution involved in real | ||||||
7 | estate financing that is regulated by State or federal law. | ||||||
8 | "Multi-state licensing system" means a web-based platform | ||||||
9 | that allows an applicant to submit his or her application for | ||||||
10 | original registration or registration renewal application to | ||||||
11 | the Department online. | ||||||
12 | "Person" means individuals, entities, sole | ||||||
13 | proprietorships, corporations, limited liability companies, | ||||||
14 | and partnerships, foreign or domestic, except that when the | ||||||
15 | context otherwise requires, the term may refer to a single | ||||||
16 | individual or other described entity.
| ||||||
17 | "Quality control review" means a review of an appraisal | ||||||
18 | report for compliance and completeness, including grammatical, | ||||||
19 | typographical, or other similar errors, unrelated to | ||||||
20 | developing an opinion of value. | ||||||
21 | "Real estate" means an identified parcel or tract of land, | ||||||
22 | including any improvements. | ||||||
23 | "Real estate related financial transaction" means any | ||||||
24 | transaction involving: | ||||||
25 | (1) the sale, lease, purchase, investment in, or | ||||||
26 | exchange of real property,
including interests in property |
| |||||||
| |||||||
1 | or the financing thereof; | ||||||
2 | (2) the refinancing of real property or interests in | ||||||
3 | real property; and | ||||||
4 | (3) the use of real property or interest in property as | ||||||
5 | security for a loan or
investment, including mortgage | ||||||
6 | backed securities. | ||||||
7 | "Real property" means the interests, benefits, and rights | ||||||
8 | inherent in the ownership of real estate. | ||||||
9 | "Secretary" means the Secretary of Financial and | ||||||
10 | Professional Regulation. | ||||||
11 | "USPAP" means the Uniform Standards of Professional | ||||||
12 | Appraisal Practice as adopted by the Appraisal Standards Board | ||||||
13 | under Title XI. | ||||||
14 | "Valuation" means any estimate of the value of real | ||||||
15 | property in connection with a creditor's decision to provide | ||||||
16 | credit, including those values developed under a policy of a | ||||||
17 | government sponsored enterprise or by an automated valuation | ||||||
18 | model or other methodology or mechanism.
| ||||||
19 | (Source: P.A. 97-602, eff. 8-26-11.)
| ||||||
20 | (225 ILCS 459/32 new) | ||||||
21 | Sec. 32. Multi-state licensing system. The Secretary may | ||||||
22 | require participation in a third-party, multi-state licensing | ||||||
23 | system for registration under this Act. The multi-state | ||||||
24 | licensing system may share regulatory information and maintain | ||||||
25 | records in compliance with the provisions of this Act. The |
| |||||||
| |||||||
1 | multi-state licensing system may charge the applicant an | ||||||
2 | administration fee.
| ||||||
3 | (225 ILCS 459/35)
| ||||||
4 | Sec. 35. Application for original registration. | ||||||
5 | Applications for original registration shall be made to the | ||||||
6 | Department on forms prescribed by the Department , or through a | ||||||
7 | multi-state licensing system as designated by the Secretary, | ||||||
8 | and accompanied by the required fee. All applications shall | ||||||
9 | contain the information that, in the judgment of the | ||||||
10 | Department, will enable the Department to pass on the | ||||||
11 | qualifications of the applicant to be registered to practice as | ||||||
12 | set by rule.
| ||||||
13 | (Source: P.A. 97-602, eff. 8-26-11.)
| ||||||
14 | (225 ILCS 459/40)
| ||||||
15 | Sec. 40. Qualifications for registration. | ||||||
16 | (a) The Department may issue a certification of | ||||||
17 | registration to practice under this Act to any applicant who | ||||||
18 | applies to the Department on forms provided by the Department, | ||||||
19 | or through a multi-state licensing system as designated by the | ||||||
20 | Secretary, pays the required non-refundable fee, and who | ||||||
21 | provides the following: | ||||||
22 | (1) the business name of the applicant seeking | ||||||
23 | registration; | ||||||
24 | (2) the business address or addresses and contact |
| |||||||
| |||||||
1 | information of the applicant seeking registration; | ||||||
2 | (3) if the business applicant is not a corporation that | ||||||
3 | is domiciled in this State, then the name and contact | ||||||
4 | information for the company's agent for service of process | ||||||
5 | in this State; | ||||||
6 | (4) the name, address, and contact information for any | ||||||
7 | individual or any corporation, partnership, limited | ||||||
8 | liability company, association, or other business | ||||||
9 | applicant that owns 10% or more of the appraisal management | ||||||
10 | company; | ||||||
11 | (5) the name, address, and contact information for a | ||||||
12 | designated controlling person; | ||||||
13 | (6) a certification that the applicant will utilize | ||||||
14 | Illinois licensed appraisers to provide appraisal services | ||||||
15 | within the State of Illinois; | ||||||
16 | (7) a certification that the applicant has a system in | ||||||
17 | place utilizing a licensed Illinois appraiser to review the | ||||||
18 | work of all employed and independent appraisers that are | ||||||
19 | performing real estate appraisal services in Illinois for | ||||||
20 | the appraisal management company on a periodic basis, | ||||||
21 | except for a quality control review, to verify that the | ||||||
22 | real estate appraisal assignments are being conducted in | ||||||
23 | accordance with USPAP; | ||||||
24 | (8) a certification that the applicant maintains a | ||||||
25 | detailed record of each service request that it receives | ||||||
26 | and the independent appraiser that performs the real estate |
| |||||||
| |||||||
1 | appraisal services for the appraisal management company; | ||||||
2 | (9) a certification that the employees of the appraisal | ||||||
3 | management company working on behalf of the appraisal | ||||||
4 | management company directly involved in providing | ||||||
5 | appraisal management services, will be appropriately | ||||||
6 | trained and familiar with the appraisal process to | ||||||
7 | completely provide appraisal management services;
| ||||||
8 | (10) an irrevocable Uniform Consent to Service of | ||||||
9 | Process, under rule; and | ||||||
10 | (11) a certification that the applicant shall comply | ||||||
11 | with all other requirements of this Act and rules | ||||||
12 | established for the implementation of this Act. | ||||||
13 | (b) Applicants have 3 years from the date of application to | ||||||
14 | complete the application process. If the process has not been | ||||||
15 | completed in 3 years, the application shall be denied, the fee | ||||||
16 | shall be forfeited, and the applicant must reapply and meet the | ||||||
17 | requirements in effect at the time of reapplication.
| ||||||
18 | (Source: P.A. 97-602, eff. 8-26-11.)
| ||||||
19 | (225 ILCS 459/55)
| ||||||
20 | Sec. 55. Fees. | ||||||
21 | (a) The fees for the administration and enforcement of this | ||||||
22 | Act, including, but not limited to, original registration, | ||||||
23 | renewal, and restoration fees, shall be set by the Department | ||||||
24 | by rule. The fees shall not be refundable. | ||||||
25 | (b) All fees and other moneys collected under this Act |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | shall be deposited in the Appraisal Administration Fund , except | |||||||||||||||||||||||||
2 | as provided in subsection (c) of this Section .
| |||||||||||||||||||||||||
3 | (c) The administration fee charged by a multi-state | |||||||||||||||||||||||||
4 | licensing system under Section 32 shall be paid directly to the | |||||||||||||||||||||||||
5 | multi-state licensing system. | |||||||||||||||||||||||||
6 | (Source: P.A. 97-602, eff. 8-26-11.)
| |||||||||||||||||||||||||
7 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||
8 | becoming law.
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|