Sen. Chuck Weaver

Filed: 4/25/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1531

2    AMENDMENT NO. ______. Amend Senate Bill 1531 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Real Estate Appraiser Licensing Act of 2002
5is amended by changing Section 25-10 as follows:
 
6    (225 ILCS 458/25-10)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 25-10. Real Estate Appraisal Administration and
9Disciplinary Board; appointment.
10    (a) There is hereby created the Real Estate Appraisal
11Administration and Disciplinary Board. The Board shall be
12composed of 10 persons appointed by the Governor, plus the
13Coordinator of the Real Estate Appraisal Division. Members
14shall be appointed to the Board subject to the following
15conditions:
16        (1) All appointed members shall have been residents and

 

 

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1    citizens of this State for at least 5 years prior to the
2    date of appointment.
3        (2) The appointed membership of the Board should
4    reasonably reflect the geographic distribution of the
5    population of the State.
6        (3) Four appointed members shall have been actively
7    engaged and currently licensed as State certified general
8    real estate appraisers for a period of not less than 5
9    years.
10        (4) Four Two appointed members shall have been actively
11    engaged and currently licensed as State certified
12    residential real estate appraisers for a period of not less
13    than 5 years, 2 of whom . (5) Two appointed members shall
14    hold a valid licenses license as a real estate brokers or
15    managing brokers broker for at least 5 10 years prior to
16    the date of the appointment, one of whom shall hold a valid
17    State certified general real estate appraiser license
18    issued under this Act or a predecessor Act for a period of
19    at least 5 years prior to the appointment and one of whom
20    shall hold a valid State certified residential real estate
21    appraiser license issued under this Act or a predecessor
22    Act for a period of at least 5 years prior to the
23    appointment.
24        (5) (6) One appointed member shall be a representative
25    of a financial institution, as evidenced by his or her
26    employment with a financial institution.

 

 

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1        (6) (7) One appointed member shall represent the
2    interests of the general public. This member or his or her
3    spouse shall not be licensed under this Act nor be employed
4    by or have any interest in an appraisal business, appraisal
5    management company, real estate brokerage business, or a
6    financial institution.
7    In making appointments as provided in paragraphs (3) and
8(4) of this subsection, the Governor shall give due
9consideration to recommendations by members and organizations
10representing the profession.
11    In making the appointments as provided in paragraph (5) of
12this subsection, the Governor shall give due consideration to
13the recommendations by members and organizations representing
14the real estate industry.
15    In making the appointment as provided in paragraph (5) (6)
16of this subsection, the Governor shall give due consideration
17to the recommendations by members and organizations
18representing financial institutions.
19    (b) The term for members of the Board shall be 4 years, and
20each member shall serve until his or her successor is appointed
21and qualified. No member shall be reappointed to the Board for
22a term that would cause his or her cumulative service to the
23Board to exceed 10 years.
24    (c) The Governor may terminate the appointment of a member
25for cause that, in the opinion of the Governor, reasonably
26justifies the termination. Cause for termination may include,

 

 

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

 

 

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

 

 

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1reasonable amount of time, then the Department may approve
2courses.
3    (l) Each voting member of the Board shall receive a per
4diem stipend in an amount to be determined by the Secretary.
5Each member shall be paid his or her necessary expenses while
6engaged in the performance of his or her duties.
7    (m) Members of the Board shall be immune from suit in an
8action based upon any disciplinary proceedings or other acts
9performed in good faith as members of the Board.
10    (n) If the Department disagrees with any advice or
11recommendation provided by the Board under this Section to the
12Secretary or the Department, then notice of such disagreement
13must be provided to the Board by the Department.
14    (o) Upon resolution adopted at any Board meeting, the
15exercise of any Board function, power, or duty enumerated in
16this Section or in subsection (d) of Section 15-10 of this Act
17may be suspended. The exercise of any suspended function,
18power, or duty of the Board may be reinstated by a resolution
19adopted at a subsequent Board meeting. Any resolution adopted
20pursuant to this Section shall take effect immediately.
21(Source: P.A. 98-1109, eff. 1-1-15.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".