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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
(225 ILCS 458/) Real Estate Appraiser Licensing Act of 2002.

225 ILCS 458/Art. 5

 
    (225 ILCS 458/Art. 5 heading)
ARTICLE 5. LICENSING PROVISIONS
(Scheduled to be repealed on January 1, 2022)

225 ILCS 458/5-5

    (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    (Section scheduled to be repealed on January 1, 2022)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 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) This Act does not apply to a person who holds a valid license as a real estate broker or managing broker pursuant to the Real Estate License Act of 2000 who prepares or provides a broker price opinion or comparative market analysis in compliance with Section 10-45 of the Real Estate License Act of 2000.
    (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 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, valuation waivers may be prepared by a licensed appraiser notwithstanding any other provision of this Act, and 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 (1) an employee of the Illinois Department of Transportation who has completed a minimum of 45 hours of course work in real estate appraisal, including the principals of real estate appraisals, appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs and has at least 2 years' experience in a field closely related to real estate; (2) a county engineer who is a registered professional engineer under the Professional Engineering Practice Act of 1989; (3) an employee of a municipality who has (i) completed a minimum of 45 hours of coursework in real estate appraisal, including the principals of real estate appraisals, appraisal of partial acquisitions, easement valuation, reviewing appraisals in eminent domain, appraisal for federal aid highway programs, and appraisal review for federal aid highway programs and (ii) has either 2 years' experience in a field clearly related to real estate or has completed 20 hours of additional coursework that is sufficient for a person to complete waiver valuations as approved by the Federal Highway Administration; or (4) a municipal engineer who has completed coursework that is sufficient for his or her waiver valuations to be approved by the Federal Highway Administration and who is a registered professional engineer under the Professional Engineering Act of 1989, under the following circumstances:
        (A) 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, or prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs regulations and which is performed by (1) an employee of the Illinois Department of Transportation and co-signed, with a license number affixed, by another employee of the Illinois Department of Transportation who is a registered professional engineer under the Professional Engineering Practice Act of 1989 or (2) an employee of a municipality and co-signed with a license number affixed by a county or municipal engineer who is a registered professional engineer under the Professional Engineering Practice Act of 1989; and
        (B) 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, or prepared pursuant to the federal Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs regulations and which is performed by a county or municipal engineer who is employed by a county or municipality and is a registered professional engineer under the Professional Engineering Practice Act of 1989. In addition to his or her signature, the county or municipal engineer shall affix his or her license number to the valuation.
    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 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. 98-444, eff. 8-16-13; 98-933, eff. 1-1-15; 98-1109, eff. 1-1-15; 99-78, eff. 7-20-15.)

225 ILCS 458/5-7

    (225 ILCS 458/5-7)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-7. Multi-state licensing system. The Secretary may require participation in a third-party, multi-state licensing system for licensing under this Act. The multi-state licensing system may share regulatory information and maintain records in compliance with the provisions of this Act. The multi-state licensing system may charge an applicant an administration fee.
(Source: P.A. 100-604, eff. 7-13-18.)

225 ILCS 458/5-10

    (225 ILCS 458/5-10)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-10. Application for State certified general real estate appraiser.
    (a) Every person who desires to obtain a State certified general real estate appraiser license shall:
        (1) apply to the Department on forms provided by the
    
Department, or through a multi-state licensing system as designated by the Secretary, accompanied by the required fee;
        (2) be at least 18 years of age;
        (3) (blank);
        (4) personally take and pass an examination
    
authorized by the Department and endorsed by the AQB;
        (5) prior to taking the examination, provide evidence
    
to the Department, or through a multi-state licensing system as designated by the Secretary, in Modular Course format, with each module conforming to the Required Core Curriculum established and adopted by the AQB, that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by the AQB and by rule; and
        (6) prior to taking the examination, provide evidence
    
to the Department, or through a multi-state licensing system as designated by the Secretary, that he or she has successfully completed the prerequisite experience and educational requirements in appraising as established by AQB and by rule.
    (b) Applicants must provide evidence to the Department, or through a multi-state licensing system as designated by the Secretary, of holding a Bachelor's degree or higher from an accredited college or university.
(Source: P.A. 100-604, eff. 7-13-18.)

225 ILCS 458/5-15

    (225 ILCS 458/5-15)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-15. Application for State certified residential real estate appraiser. Every person who desires to obtain a State certified residential real estate appraiser license shall:
        (1) apply to the Department on forms provided by the
    
Department, or through a multi-state licensing system as designated by the Secretary, accompanied by the required fee;
        (2) be at least 18 years of age;
        (3) (blank);
        (4) personally take and pass an examination
    
authorized by the Department and endorsed by the AQB;
        (5) prior to taking the examination, provide evidence
    
to the Department, or through a multi-state licensing system as designated by the Secretary, in Modular Course format, with each module conforming to the Required Core Curriculum established and adopted by the AQB, that he or she has successfully completed the prerequisite classroom hours of instruction in appraising as established by the AQB and by rule; and
        (6) prior to taking the examination, provide evidence
    
to the Department, or through a multi-state licensing system as designated by the Secretary, that he or she has successfully completed the prerequisite experience and educational requirements as established by AQB and by rule.
(Source: P.A. 100-201, eff. 8-18-17; 100-604, eff. 7-13-18.)

225 ILCS 458/5-20

    (225 ILCS 458/5-20)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-20. Application for associate real estate trainee appraiser. Every person who desires to obtain an associate real estate trainee appraiser license shall:
        (1) apply to the Department on forms provided by the
    
Department accompanied by the required fee;
        (2) be at least 18 years of age;
        (3) provide evidence of having attained a high school
    
diploma or completed an equivalent course of study as determined by an examination conducted or accepted by the Illinois State Board of Education;
        (4) personally take and pass an examination
    
authorized by the Department; and
        (5) prior to taking the examination, provide evidence
    
to the Department that he or she has successfully completed the prerequisite qualifying and any conditional education requirements as established by rule.
(Source: P.A. 98-1109, eff. 1-1-15.)

225 ILCS 458/5-20.5

    (225 ILCS 458/5-20.5)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-20.5. Duration of application. Applicants have 3 years from the date of application to complete the application process. If the process has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.
(Source: P.A. 96-844, eff. 12-23-09.)

225 ILCS 458/5-21

    (225 ILCS 458/5-21)
    Sec. 5-21. (Repealed).
(Source: P.A. 96-844, eff. 12-23-09. Repealed by P.A. 97-602, eff. 8-26-11.)

225 ILCS 458/5-22

    (225 ILCS 458/5-22)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-22. Criminal history records check.
    (a) Each applicant for licensure by examination or restoration shall have his or her fingerprints submitted to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police. These fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Department. The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to a vendor. The Department may adopt any rules necessary to implement this Section.
    (b) The Secretary may designate a multi-state licensing system to perform the functions described in subsection (a). The Department may require applicants to pay a separate fingerprinting fee, either to the Department or to the multi-state licensing system. The Department may adopt any rules necessary to implement this subsection.
(Source: P.A. 100-604, eff. 7-13-18.)

225 ILCS 458/5-25

    (225 ILCS 458/5-25)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-25. Renewal of license.
    (a) The expiration date and renewal period for a State certified general real estate appraiser license or a State certified residential real estate appraiser license issued under this Act shall be set by rule. Except as otherwise provided in subsections (b) and (f) of this Section, the holder of a license may renew the license within 90 days preceding the expiration date by:
        (1) completing and submitting to the Department a
    
renewal application form as provided by the Department;
        (2) paying the required fees; and
        (3) providing evidence of successful completion of
    
the continuing education requirements through courses approved by the Department from education providers licensed by the Department, as established by the AQB and by rule.
    (b) A State certified general real estate appraiser or State certified residential real estate appraiser whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of paragraphs (1), (2), and (3) of subsection (a) of this Section and paying any late penalties established by rule.
    (c) (Blank).
    (d) The expiration date and renewal period for an associate real estate trainee appraiser license issued under this Act shall be set by rule. Except as otherwise provided in subsections (e) and (f) of this Section, the holder of an associate real estate appraiser license may renew the license within 90 days preceding the expiration date by:
        (1) completing and submitting to the Department a
    
renewal application form as provided by the Department;
        (2) paying the required fees; and
        (3) providing evidence of successful completion of
    
the continuing education requirements through courses approved by the Department from education providers approved by the Department, as established by rule.
    (e) Any associate real estate appraiser trainee whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the requirements of paragraphs (1), (2), and (3) of subsection (d) of this Section and paying any late penalties as established by rule. An associate real estate trainee appraiser license may not be renewed more than 2 times.
    (f) Notwithstanding subsections (c) and (e), an appraiser whose license under this Act has expired may renew or convert the license without paying any lapsed renewal fees or late penalties if the license expired while the appraiser was:
        (1) on active duty with the United States Armed
    
Services;
        (2) serving as the Coordinator of Real Estate
    
Appraisal or an employee of the Department who was required to surrender his or her license during the term of employment.
    Application for renewal must be made within 2 years following the termination of the military service or related education, training, or employment. The licensee shall furnish the Department with an affidavit that he or she was so engaged.
    (g) The Department shall provide reasonable care and due diligence to ensure that each licensee under this Act is provided with a renewal application at least 90 days prior to the expiration date, but each licensee is responsible to timely renew or convert his or her license prior to its expiration date.
(Source: P.A. 96-844, eff. 12-23-09.)

225 ILCS 458/5-30

    (225 ILCS 458/5-30)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-30. Endorsement. The Department may issue an appraiser license, without the required examination, to an applicant licensed by another state, territory, possession of the United States, or the District of Columbia, if (i) the licensing requirements of that licensing authority are, on the date of licensure, substantially equal to the requirements set forth under this Act or to a person who, at the time of his or her application, possessed individual qualifications that were substantially equivalent to the requirements of this Act or (ii) the applicant provides the Department with evidence of good standing from the Appraisal Subcommittee National Registry report and a criminal history records check in accordance with Section 5-22. An applicant under this Section shall pay all of the required fees.
(Source: P.A. 98-1109, eff. 1-1-15.)

225 ILCS 458/5-35

    (225 ILCS 458/5-35)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-35. Qualifying education requirements.
    (a) The prerequisite classroom hours necessary for a person to be approved to sit for the examination for licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be in accordance with AQB criteria and established by rule.
    (b) The prerequisite classroom hours necessary for a person to sit for the examination for licensure as an associate real estate trainee appraiser shall be established by rule.
(Source: P.A. 98-1109, eff. 1-1-15.)

225 ILCS 458/5-40

    (225 ILCS 458/5-40)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-40. Qualifying experience requirements. The prerequisite experience necessary for a person to be approved to sit for the examination for licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be established by rule.
(Source: P.A. 98-1109, eff. 1-1-15.)

225 ILCS 458/5-45

    (225 ILCS 458/5-45)
    (Text of Section before amendment by P.A. 100-831)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-45. Continuing education renewal requirements.
    (a) The continuing education requirements for a person to renew a license as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be established by rule.
    (b) The continuing education requirements for a person to renew a license as an associate real estate trainee appraiser shall be established by rule.
(Source: P.A. 96-844, eff. 12-23-09.)
 
    (Text of Section after amendment by P.A. 100-831)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-45. Continuing education renewal requirements.
    (a) The continuing education requirements for a person to renew a license as a State certified general real estate appraiser or a State certified residential real estate appraiser shall be established by rule.
    (b) The continuing education requirements for a person to renew a license as an associate real estate trainee appraiser shall be established by rule.
    (c) Notwithstanding any other provision of this Act to the contrary, the Department shall establish a continuing education completion deadline for appraisal licensees and require evidence of compliance with the continuing education requirements before the renewal of a license.
(Source: P.A. 100-831, eff. 1-1-19.)

225 ILCS 458/5-50

    (225 ILCS 458/5-50)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-50. Temporary practice permits. A nonresident appraiser who holds a valid appraiser license in another state, territory, possession of the United States, or the District of Columbia may be granted a temporary practice permit to practice as an appraiser in the State of Illinois upon making an application and paying the applicable fees as established by rule.
(Source: P.A. 98-1109, eff. 1-1-15.)

225 ILCS 458/5-55

    (225 ILCS 458/5-55)
    (Section scheduled to be repealed on January 1, 2022)
    Sec. 5-55. Fees.
    (a) The Department shall establish rules for fees to be paid by applicants and licensees to cover the reasonable costs of the Department in administering and enforcing the provisions of this Act. The Department, with the advice of the Board, may also establish rules for general fees to cover the reasonable expenses of carrying out other functions and responsibilities under this Act.
    (b) The administration fee charged by the multi-state licensing system shall be paid directly to the multi-state licensing system.
(Source: P.A. 100-604, eff. 7-13-18.)