100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5505

 

Introduced , by Rep. Tony McCombie

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 407/30-30
225 ILCS 427/25
225 ILCS 454/25-10
225 ILCS 458/25-10

    Amends the Auction License Act, the Community Association Manager Licensing and Disciplinary Act, the Real Estate License Act of 2000, and the Real Estate Appraiser Licensing Act of 2002. Makes changes to the terms for members of the Auction Advisory Board, the Community Association Manager Licensing and Disciplinary Board, the Real Estate Administration and Disciplinary Board, and the Real Estate Appraisal Administration and Disciplinary Board. Provides that the members' terms shall be for 4 years and the term expires upon completion of the term. Provides that the Community Association Manager Licensing and Disciplinary Board that are serving on the Board on the effective date of the amendatory Act may serve the remainder of their unexpired terms. Provides that no member of the Real Estate Administration and Disciplinary Board shall be reappointed to the Board for a term that would cause his or her cumulative service to the Board to exceed 10 years (rather than 12 years). Makes changes to the appointment process for vacancies on the Auction Advisory Board, the Community Association Manager Licensing and Disciplinary Board, and the Real Estate Appraisal Administration and Disciplinary Board. Effective immediately.


LRB100 17554 XWW 32724 b

 

 

A BILL FOR

 

HB5505LRB100 17554 XWW 32724 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Auction License Act is amended by changing
5Section 30-30 as follows:
 
6    (225 ILCS 407/30-30)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 30-30. Auction Advisory Board.
9    (a) There is hereby created the Auction Advisory Board. The
10Advisory Board shall consist of 7 members and shall be
11appointed by the Secretary. In making the appointments, the
12Secretary shall give due consideration to the recommendations
13by members and organizations of the industry, including but not
14limited to the Illinois State Auctioneers Association. Five
15members of the Advisory Board shall be licensed auctioneers,
16except that for the initial appointments, these members may be
17persons without a license, but who have been auctioneers for at
18least 5 years preceding their appointment to the Advisory
19Board. One member shall be a public member who represents the
20interests of consumers and who is not licensed under this Act
21or the spouse of a person licensed under this Act or who has
22any responsibility for management or formation of policy of or
23any financial interest in the auctioneering profession or any

 

 

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1other connection with the profession. One member shall be
2actively engaged in the real estate industry and licensed as a
3broker or salesperson. The Advisory Board shall annually elect
4one of its members to serve as Chairperson.
5    (b) The members' terms shall be for 4 years and expire upon
6completion of the term. No member shall be reappointed to the
7Board for a term that would cause his or her cumulative service
8to the Board to exceed 10 years. Appointments to fill vacancies
9shall be made by the Secretary for the unexpired portion of the
10term. Members shall be appointed for a term of 4 years, except
11that of the initial appointments, 3 members shall be appointed
12to serve a term of 3 years and 4 members shall be appointed to
13serve a term of 4 years. The Secretary shall fill a vacancy for
14the remainder of any unexpired term. Each member shall serve on
15the Advisory Board until his or her successor is appointed and
16qualified. No person shall be appointed to serve more than 2
17terms, including the unexpired portion of a term due to
18vacancy. To the extent practicable, the Secretary shall appoint
19members to ensure insure that the various geographic regions of
20the State are properly represented on the Advisory Board.
21    (c) Four Board members shall constitute a quorum. A quorum
22is required for all Board decisions.
23    (d) Each member of the Advisory Board shall receive a per
24diem stipend in an amount to be determined by the Secretary.
25Each member shall be paid his or her necessary expenses while
26engaged in the performance of his or her duties.

 

 

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1    (e) Members of the Advisory Board shall be immune from suit
2in an action based upon any disciplinary proceedings or other
3acts performed in good faith as members of the Advisory Board.
4    (f) The Advisory Board shall meet as convened by the
5Department.
6    (g) The Advisory Board shall advise the Department on
7matters of licensing and education and make recommendations to
8the Department on those matters and shall hear and make
9recommendations to the Secretary on disciplinary matters that
10require a formal evidentiary hearing.
11    (h) The Secretary shall give due consideration to all
12recommendations of the Advisory Board.
13(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
 
14    Section 10. The Community Association Manager Licensing
15and Disciplinary Act is amended by changing Section 25 as
16follows:
 
17    (225 ILCS 427/25)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 25. Community Association Manager Licensing and
20Disciplinary Board.
21    (a) There is hereby created the Community Association
22Manager Licensing and Disciplinary Board, which shall consist
23of 7 members appointed by the Secretary. All members must be
24residents of the State and must have resided in the State for

 

 

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1at least 5 years immediately preceding the date of appointment.
2Five members of the Board must be licensees under this Act, at
3least two members of which shall be supervising community
4association managers. Two members of the Board shall be owners
5of, or hold a shareholder's interest in, a unit in a community
6association at the time of appointment who are not licensees
7under this Act and have no direct affiliation or work
8experience with the community association's community
9association manager. This Board shall act in an advisory
10capacity to the Department.
11    (b) Members serving on the Board on the effective date of
12this amendatory Act of the 100th General Assembly may serve the
13remainder of their unexpired terms. Thereafter, the members'
14terms shall be for 4 years and expire upon completion of the
15term. No member shall be reappointed to the Board for a term
16that would cause his or her cumulative service to the Board to
17exceed 10 years. Appointments to fill vacancies shall be made
18by the Secretary for the unexpired portion of the term. Board
19members shall serve for terms of 5 years, except that,
20initially, 4 members shall serve for 5 years and 3 members
21shall serve for 4 years. All members shall serve until his or
22her successor is appointed and qualified. All vacancies shall
23be filled in like manner for the unexpired term. No member
24shall serve for more than 2 successive terms. The Secretary
25shall remove from the Board any member whose license has become
26void or has been revoked or suspended and may remove any member

 

 

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1of the Board for neglect of duty, misconduct, or incompetence.
2A member who is subject to formal disciplinary proceedings
3shall disqualify himself or herself from all Board business
4until the charge is resolved. A member also shall disqualify
5himself or herself from any matter on which the member cannot
6act objectively.
7    (c) Four Board members shall constitute a quorum. A quorum
8is required for all Board decisions.
9    (d) The Board shall elect annually a chairperson and vice
10chairperson.
11    (e) Each member shall receive reimbursement as set by the
12Governor's Travel Control Board for expenses incurred in
13carrying out the duties as a Board member. The Board shall be
14compensated as determined by the Secretary.
15    (f) The Board may recommend policies, procedures, and rules
16relevant to the administration and enforcement of this Act.
17(Source: P.A. 98-365, eff. 1-1-14.)
 
18    Section 15. The Real Estate License Act of 2000 is amended
19by changing Section 25-10 as follows:
 
20    (225 ILCS 454/25-10)
21    (Section scheduled to be repealed on January 1, 2020)
22    Sec. 25-10. Real Estate Administration and Disciplinary
23Board; duties. There is created the Real Estate Administration
24and Disciplinary Board. The Board shall be composed of 15

 

 

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1persons appointed by the Governor. Members shall be appointed
2to the Board subject to the following conditions:
3        (1) All members shall have been residents and citizens
4    of this State for at least 6 years prior to the date of
5    appointment.
6        (2) Twelve members shall have been actively engaged as
7    managing brokers or brokers or both for at least the 10
8    years prior to the appointment, 2 of whom must possess an
9    active pre-license instructor license.
10        (3) Three members of the Board shall be public members
11    who represent consumer interests.
12    None of these members shall be (i) a person who is licensed
13under this Act or a similar Act of another jurisdiction, (ii)
14the spouse or family member of a licensee, (iii) a person who
15has an ownership interest in a real estate brokerage business,
16or (iv) a person the Department determines to have any other
17connection with a real estate brokerage business or a licensee.
18    The members' terms shall be for 4 years and expire upon
19completion of the term or until their successor is appointed,
20and the expiration of their terms shall be staggered. No member
21shall be reappointed to the Board for a term that would cause
22his or her cumulative service to the Board to exceed 10 12
23years. Appointments to fill vacancies shall be for the
24unexpired portion of the term. Those members of the Board that
25satisfy the requirements of paragraph (2) shall be chosen in a
26manner such that no area of the State shall be unreasonably

 

 

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1represented. In making the appointments, the Governor shall
2give due consideration to the recommendations by members and
3organizations of the profession. The Governor may terminate the
4appointment of any member for cause that in the opinion of the
5Governor reasonably justifies the termination. Cause for
6termination shall include without limitation misconduct,
7incapacity, neglect of duty, or missing 4 board meetings during
8any one calendar year. Each member of the Board may receive a
9per diem stipend in an amount to be determined by the
10Secretary. Each member shall be paid his or her necessary
11expenses while engaged in the performance of his or her duties.
12Such compensation and expenses shall be paid out of the Real
13Estate License Administration Fund. The Secretary shall
14consider the recommendations of the Board on questions
15involving standards of professional conduct, discipline,
16education, and policies and procedures under this Act. With
17regard to this subject matter, the Secretary may establish
18temporary or permanent committees of the Board and may consider
19the recommendations of the Board on matters that include, but
20are not limited to, criteria for the licensing and renewal of
21education providers, pre-license and continuing education
22instructors, pre-license and continuing education curricula,
23standards of educational criteria, and qualifications for
24licensure and renewal of professions, courses, and
25instructors. The Department, after notifying and considering
26the recommendations of the Board, if any, may issue rules,

 

 

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1consistent with the provisions of this Act, for the
2administration and enforcement thereof and may prescribe forms
3that shall be used in connection therewith. Eight Board members
4shall constitute a quorum. A quorum is required for all Board
5decisions.
6(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18.)
 
7    Section 20. The Real Estate Appraiser Licensing Act of 2002
8is amended by changing Section 25-10 as follows:
 
9    (225 ILCS 458/25-10)
10    (Section scheduled to be repealed on January 1, 2022)
11    Sec. 25-10. Real Estate Appraisal Administration and
12Disciplinary Board; appointment.
13    (a) There is hereby created the Real Estate Appraisal
14Administration and Disciplinary Board. The Board shall be
15composed of 10 persons appointed by the Governor, plus the
16Coordinator of the Real Estate Appraisal Division. Members
17shall be appointed to the Board subject to the following
18conditions:
19        (1) All appointed members shall have been residents and
20    citizens of this State for at least 5 years prior to the
21    date of appointment.
22        (2) The appointed membership of the Board should
23    reasonably reflect the geographic distribution of the
24    population of the State.

 

 

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1        (3) Four appointed members shall have been actively
2    engaged and currently licensed as State certified general
3    real estate appraisers for a period of not less than 5
4    years.
5        (4) Two appointed members shall have been actively
6    engaged and currently licensed as State certified
7    residential real estate appraisers for a period of not less
8    than 5 years.
9        (5) Two appointed members shall hold a valid license as
10    a real estate broker for at least 10 years prior to the
11    date of the appointment, one of whom shall hold a valid
12    State certified general real estate appraiser license
13    issued under this Act or a predecessor Act for a period of
14    at least 5 years prior to the appointment and one of whom
15    shall hold a valid State certified residential real estate
16    appraiser license issued under this Act or a predecessor
17    Act for a period of at least 5 years prior to the
18    appointment.
19        (6) One appointed member shall be a representative of a
20    financial institution, as evidenced by his or her
21    employment with a financial institution.
22        (7) One appointed member shall represent the interests
23    of the general public. This member or his or her spouse
24    shall not be licensed under this Act nor be employed by or
25    have any interest in an appraisal business, appraisal
26    management company, real estate brokerage business, or a

 

 

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1    financial institution.
2    In making appointments as provided in paragraphs (3) and
3(4) of this subsection, the Governor shall give due
4consideration to recommendations by members and organizations
5representing the profession.
6    In making the appointments as provided in paragraph (5) of
7this subsection, the Governor shall give due consideration to
8the recommendations by members and organizations representing
9the real estate industry.
10    In making the appointment as provided in paragraph (6) of
11this subsection, the Governor shall give due consideration to
12the recommendations by members and organizations representing
13financial institutions.
14    (b) The members' terms shall be for 4 years and expire upon
15completion of the term. No member shall be reappointed to the
16Board for a term that would cause his or her cumulative service
17to the Board to exceed 10 years. Appointments to fill vacancies
18shall be for the unexpired portion of the term. The term for
19members of the Board shall be 4 years, and each member shall
20serve until his or her successor is appointed and qualified.
21    (c) The Governor may terminate the appointment of a member
22for cause that, in the opinion of the Governor, reasonably
23justifies the termination. Cause for termination may include,
24without limitation, misconduct, incapacity, neglect of duty,
25or missing 4 Board meetings during any one calendar year.
26    (d) A majority of the Board members shall constitute a

 

 

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1quorum. A vacancy in the membership of the Board shall not
2impair the right of a quorum to exercise all of the rights and
3perform all of the duties of the Board.
4    (e) The Board shall meet at least quarterly and may be
5convened by the Chairperson, Vice-Chairperson, or 3 members of
6the Board upon 10 days written notice.
7    (f) The Board shall, annually at the first meeting of the
8fiscal year, elect a Chairperson and Vice-Chairperson from its
9members. The Chairperson shall preside over the meetings and
10shall coordinate with the Coordinator in developing and
11distributing an agenda for each meeting. In the absence of the
12Chairperson, the Vice-Chairperson shall preside over the
13meeting.
14    (g) The Coordinator of the Real Estate Appraisal Division
15shall serve as a member of the Board without vote.
16    (h) The Board shall advise and make recommendations to the
17Department on the education and experience qualifications of
18any applicant for initial licensure as a State certified
19general real estate appraiser or a State certified residential
20real estate appraiser. The Department shall not make any
21decisions concerning education or experience qualifications of
22an applicant for initial licensure as a State certified general
23real estate appraiser or a State certified residential real
24estate appraiser without having first received the advice and
25recommendation of the Board and shall give due consideration to
26all such advice and recommendations; however, if the Board does

 

 

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1not render advice or make a recommendation within a reasonable
2amount of time, then the Department may render a decision.
3    (i) Except as provided in Section 15-17 of this Act, the
4Board shall hear and make recommendations to the Secretary on
5disciplinary matters that require a formal evidentiary
6hearing. The Secretary shall give due consideration to the
7recommendations of the Board involving discipline and
8questions involving standards of professional conduct of
9licensees.
10    (j) The Department shall seek and the Board shall provide
11recommendations to the Department consistent with the
12provisions of this Act and for the administration and
13enforcement of all rules adopted pursuant to this Act. The
14Department shall give due consideration to such
15recommendations prior to adopting rules.
16    (k) The Department shall seek and the Board shall provide
17recommendations to the Department on the approval of all
18courses submitted to the Department pursuant to this Act and
19the rules adopted pursuant to this Act. The Department shall
20not approve any courses without having first received the
21recommendation of the Board and shall give due consideration to
22such recommendations prior to approving and licensing courses;
23however, if the Board does not make a recommendation within a
24reasonable amount of time, then the Department may approve
25courses.
26    (l) Each voting member of the Board shall receive a per

 

 

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1diem stipend in an amount to be determined by the Secretary.
2Each member shall be paid his or her necessary expenses while
3engaged in the performance of his or her duties.
4    (m) Members of the Board shall be immune from suit in an
5action based upon any disciplinary proceedings or other acts
6performed in good faith as members of the Board.
7    (n) If the Department disagrees with any advice or
8recommendation provided by the Board under this Section to the
9Secretary or the Department, then notice of such disagreement
10must be provided to the Board by the Department.
11    (o) Upon resolution adopted at any Board meeting, the
12exercise of any Board function, power, or duty enumerated in
13this Section or in subsection (d) of Section 15-10 of this Act
14may be suspended. The exercise of any suspended function,
15power, or duty of the Board may be reinstated by a resolution
16adopted at a subsequent Board meeting. Any resolution adopted
17pursuant to this Section shall take effect immediately.
18(Source: P.A. 98-1109, eff. 1-1-15.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.