|
Sen. Chuck Weaver
Filed: 6/29/2017
| | 10000HB3342sam001 | | LRB100 08528 SMS 27818 a |
|
|
1 | | AMENDMENT TO HOUSE BILL 3342
|
2 | | AMENDMENT NO. ______. Amend House Bill 3342 by replacing |
3 | | everything after the enacting clause with the following:
|
4 | | "Section 5. If and only if Senate Bill 1688 of the 100th |
5 | | General Assembly becomes law, the Collateral Recovery Act is |
6 | | amended by changing Sections 40, 45, 80, and 85 as follows:
|
7 | | (225 ILCS 422/40) |
8 | | (Section scheduled to be repealed on January 1, 2022) |
9 | | Sec. 40. Qualifications for recovery manager; |
10 | | identification card. |
11 | | (a) An applicant is qualified for licensure as a recovery |
12 | | manager if that person meets all of the following requirements: |
13 | | (1) Is 21 years of age or older. |
14 | | (2) If convicted of any felony and less than 5 7 years |
15 | | have passed from the time of discharge from the sentence |
16 | | imposed, then a finding by the Commission in accordance |
|
| | 10000HB3342sam001 | - 2 - | LRB100 08528 SMS 27818 a |
|
|
1 | | with Section 85 that the conviction will not impair the |
2 | | applicant's ability to engage in the position requiring a |
3 | | license. |
4 | | (3) Has completed no less than 2,500 hours of actual |
5 | | compensated collateral recovery work as an employee of a |
6 | | repossession agency, a financial institution, or a vehicle |
7 | | dealer within the 5 years immediately preceding the filing |
8 | | of an application, acceptable proof of which must be |
9 | | submitted to the Commission. |
10 | | (4) Has submitted to the Commission 2 sets of |
11 | | fingerprints, which shall be checked against the |
12 | | fingerprint records on file with the Illinois State Police |
13 | | and the Federal Bureau of Investigation in the manner set |
14 | | forth in Section 60 of this Act. |
15 | | (5) Has successfully completed a certification program |
16 | | approved by the Commission. |
17 | | (6) Has paid the required application fees. |
18 | | (b) Upon the issuance of a recovery manager license, the |
19 | | Commission shall issue the license holder a suitable pocket |
20 | | identification card that shall include a photograph of the |
21 | | license holder. The identification card must contain the name |
22 | | of the license holder and any other information required by the |
23 | | Commission. An applicant who is 21 years of age or older |
24 | | seeking a religious exemption to the photograph requirement of |
25 | | this subsection shall furnish with his or her application an |
26 | | approved copy of United States Department of the Treasury |
|
| | 10000HB3342sam001 | - 3 - | LRB100 08528 SMS 27818 a |
|
|
1 | | Internal Revenue Service Form 4029. |
2 | | (c) A recovery manager license is not transferable.
|
3 | | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15; |
4 | | 100SB1688enr.)
|
5 | | (225 ILCS 422/45) |
6 | | (Section scheduled to be repealed on January 1, 2022) |
7 | | Sec. 45. Repossession agency employee requirements. |
8 | | (a) All employees of a licensed repossession agency whose |
9 | | duties include the actual repossession of collateral must apply |
10 | | for a recovery permit. The holder of a repossession agency |
11 | | license issued under this Act, known in this Section as the |
12 | | "employer", may employ in the conduct of the business under the |
13 | | following provisions: |
14 | | (1) No person may be issued a recovery permit who meets |
15 | | any of the following criteria: |
16 | | (A) Is younger than 21 years of age. |
17 | | (B) Has been convicted of a crime identified in |
18 | | paragraph (3) of subsection (a) of Section 80 of this |
19 | | Act and the Commission determines the ability of the |
20 | | person to engage in the position for which a permit is |
21 | | sought is impaired as a result of the conviction. Has |
22 | | been determined by the Commission to be unfit by reason |
23 | | of conviction of an offense in this or another state, |
24 | | other than a minor traffic offense, that the Commission |
25 | | determines in accordance with Section 85 will impair |
|
| | 10000HB3342sam001 | - 4 - | LRB100 08528 SMS 27818 a |
|
|
1 | | the ability of the person to engage in the position for |
2 | | which a permit is sought. The Commission shall adopt |
3 | | rules for making those determinations. |
4 | | (C) Has had a license or recovery permit denied, |
5 | | suspended, or revoked under this Act. |
6 | | (D) Has not successfully completed a certification |
7 | | program approved by the Commission. |
8 | | (2) No person may be employed by a repossession agency |
9 | | under this Section until he or she has executed and |
10 | | furnished to the Commission, on forms furnished by the |
11 | | Commission, a verified statement to be known as an |
12 | | "Employee's Statement" setting forth all of the following: |
13 | | (A) The person's full name, age, and residence |
14 | | address. |
15 | | (B) The business or occupation engaged in for the 5 |
16 | | years immediately before the date of the execution of |
17 | | the statement, the place where the business or |
18 | | occupation was engaged in, and the names of the |
19 | | employers, if any. |
20 | | (C) That the person has not had a license or |
21 | | recovery permit denied, revoked, or suspended under |
22 | | this Act. |
23 | | (D) Any conviction of a felony, except as provided |
24 | | for in Section 85. |
25 | | (E) Any other information as may be required by any |
26 | | rule of the Commission to show the good character, |
|
| | 10000HB3342sam001 | - 5 - | LRB100 08528 SMS 27818 a |
|
|
1 | | competency, and integrity of the person executing the |
2 | | statement. |
3 | | (b) Each applicant for a recovery permit shall have his or |
4 | | her fingerprints submitted to the Commission by a Live Scan |
5 | | fingerprint vendor certified by the Illinois State Police under |
6 | | the Private Detective, Private Alarm, Private Security, |
7 | | Fingerprint Vendor, and Locksmith Act of 2004 in an electronic |
8 | | format that complies with the form and manner for requesting |
9 | | and furnishing criminal history record information as |
10 | | prescribed by the Illinois State Police. These fingerprints |
11 | | shall be checked against the Illinois State Police and Federal |
12 | | Bureau of Investigation criminal history record databases now |
13 | | and hereafter filed. The Commission shall charge applicants a |
14 | | fee for conducting the criminal history records check, which |
15 | | shall not exceed the actual cost of the records check. The |
16 | | Illinois Commerce Commission Police shall furnish, pursuant to |
17 | | positive identification, records of Illinois convictions to |
18 | | the Commission. The Commission, in its discretion, may allow an |
19 | | applicant who does not have reasonable access to a designated |
20 | | vendor to provide his or her fingerprints in an alternative |
21 | | manner. The Commission, in its discretion, may also use other |
22 | | procedures in performing or obtaining criminal history records |
23 | | checks of applicants. Instead of submitting his or her |
24 | | fingerprints, an individual may submit proof that is |
25 | | satisfactory to the Commission that an equivalent security |
26 | | clearance has been conducted. |
|
| | 10000HB3342sam001 | - 6 - | LRB100 08528 SMS 27818 a |
|
|
1 | | (c) Qualified applicants shall purchase a recovery permit |
2 | | from the Commission and in a form that the Commission |
3 | | prescribes. The Commission shall notify the submitting person |
4 | | within 10 days after receipt of the application of its intent |
5 | | to issue or deny the recovery permit. The holder of a recovery |
6 | | permit shall carry the recovery permit at all times while |
7 | | actually engaged in the performance of the duties of his or her |
8 | | employment. No recovery permit shall be effective unless |
9 | | accompanied by a license issued by the Commission. Expiration |
10 | | and requirements for renewal of recovery permits shall be |
11 | | established by rule of the Commission. Possession of a recovery |
12 | | permit does not in any way imply that the holder of the |
13 | | recovery permit is employed by any agency unless the recovery |
14 | | permit is accompanied by the employee identification card |
15 | | required by subsection (e) of this Section. |
16 | | (d) Each employer shall maintain a record of each employee |
17 | | that is accessible to the duly authorized representatives of |
18 | | the Commission. The record shall contain all of the following |
19 | | information: |
20 | | (1) A photograph taken within 10 days after the date |
21 | | that the employee begins employment with the employer. The |
22 | | photograph shall be replaced with a current photograph |
23 | | every 3 calendar years. |
24 | | (2) The Employee's Statement specified in paragraph |
25 | | (2) of subsection (a) of this Section. |
26 | | (3) All correspondence or documents relating to the |
|
| | 10000HB3342sam001 | - 7 - | LRB100 08528 SMS 27818 a |
|
|
1 | | character and integrity of the employee received by the |
2 | | employer from any official source or law enforcement |
3 | | agency. |
4 | | (4) In the case of former employees, the employee |
5 | | identification card of that person issued under subsection |
6 | | (e) of this Section. |
7 | | (e) Every employer shall furnish an employee |
8 | | identification card to each of his or her employees. This |
9 | | subsection (e) shall not apply to office or clerical personnel. |
10 | | This employee identification card shall contain a recent |
11 | | photograph of the employee, the employee's name, the name and |
12 | | agency license number of the employer, the employee's personal |
13 | | description, the signature of the employer, the signature of |
14 | | that employee, the date of issuance, and an employee |
15 | | identification card number. |
16 | | (f) No employer may issue an employee identification card |
17 | | to any person who is not employed by the employer in accordance |
18 | | with this Section or falsely state or represent that a person |
19 | | is or has been in his or her employ. It is unlawful for an |
20 | | applicant for registration to file with the Commission the |
21 | | fingerprints of a person other than himself or herself or to |
22 | | fail to exercise due diligence in resubmitting replacement |
23 | | fingerprints for those employees who have had original |
24 | | fingerprint submissions returned as unclassifiable. An agency |
25 | | shall inform the Commission within 15 days after contracting or |
26 | | employing a licensed repossession agency employee. The |
|
| | 10000HB3342sam001 | - 8 - | LRB100 08528 SMS 27818 a |
|
|
1 | | Commission shall develop a registration process by rule. |
2 | | (g) Every employer shall obtain the identification card of |
3 | | every employee who terminates employment with the employer. An |
4 | | employer shall immediately report an identification card that |
5 | | is lost or stolen to the local police department having |
6 | | jurisdiction over the repossession agency location. |
7 | | (h) No agency may employ any person to perform any activity |
8 | | under this Act unless the person possesses a valid license or |
9 | | recovery permit under this Act. |
10 | | (i) If information is discovered affecting the |
11 | | registration of a person whose fingerprints were submitted |
12 | | under this Section, then the Commission shall so notify the |
13 | | agency that submitted the fingerprints on behalf of that |
14 | | person. |
15 | | (j) A person employed under this Section shall have 15 |
16 | | business days within which to notify the Commission of any |
17 | | change in employer, but may continue working under any other |
18 | | recovery permits granted as an employee or independent |
19 | | contractor. |
20 | | (k) This Section applies only to those employees of |
21 | | licensed repossession agencies whose duties include actual |
22 | | repossession of collateral.
|
23 | | (l) An applicant who is 21 years of age or older seeking a |
24 | | religious exemption to the photograph requirement of this |
25 | | Section shall furnish with his or her application an approved |
26 | | copy of United States Department of the Treasury Internal |
|
| | 10000HB3342sam001 | - 9 - | LRB100 08528 SMS 27818 a |
|
|
1 | | Revenue Service Form 4029. Regardless of age, an applicant |
2 | | seeking a religious exemption to this photograph requirement |
3 | | shall submit fingerprints in a form and manner prescribed by |
4 | | the Commission with his or her application in lieu of a |
5 | | photograph. |
6 | | (Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15; |
7 | | 100SB1688enr.)
|
8 | | (225 ILCS 422/80)
|
9 | | (Section scheduled to be repealed on January 1, 2022) |
10 | | Sec. 80. Refusal, revocation, or suspension. |
11 | | (a) The Commission may refuse to issue or renew or may |
12 | | revoke any license or recovery permit or may suspend, place on |
13 | | probation, fine, or take any disciplinary action that the |
14 | | Commission may deem proper, including fines not to exceed |
15 | | $2,500 for each violation, with regard to any license holder or |
16 | | recovery permit holder and applicant for one or any combination |
17 | | of the following causes: |
18 | | (1) Knowingly making any misrepresentation for the |
19 | | purpose of obtaining a license or recovery permit. |
20 | | (2) Violations of this Act or its rules. |
21 | | (3) For license licensees or permit holders and |
22 | | applicants , conviction of any crime under the laws of the |
23 | | United States or any state or territory thereof that is (i) |
24 | | a felony, (ii) a misdemeanor, an essential element of which |
25 | | is dishonesty, or (iii) a crime that is related to the |
|
| | 10000HB3342sam001 | - 10 - | LRB100 08528 SMS 27818 a |
|
|
1 | | practice of the profession. For license or permit holders |
2 | | and applicants, the provisions of Section 85 of this Act |
3 | | apply. the Commission may refuse to issue a license or |
4 | | permit based on restrictions set forth in paragraph (2) of |
5 | | subsection (a) of Section 40 and subparagraph (B) of |
6 | | paragraph (1) of subsection (a) of Section 45, |
7 | | respectively, if the Commission determines in accordance |
8 | | with Section 85 that such conviction will impair the |
9 | | ability of the applicant to engage in the position for |
10 | | which a license or permit is sought. |
11 | | (4) Aiding or abetting another in violating any |
12 | | provision of this Act or its rules. |
13 | | (5) Engaging in dishonorable, unethical, or |
14 | | unprofessional conduct of a character likely to deceive, |
15 | | defraud, or harm the public as defined by rule. |
16 | | (6) Violation of any court order from any State or |
17 | | public agency engaged in the enforcement of payment of |
18 | | child support arrearages or for noncompliance with certain |
19 | | processes relating to paternity or support proceeding. |
20 | | (7) Solicitation of professional services by using |
21 | | false or misleading advertising. |
22 | | (8) A finding that the license or recovery permit was |
23 | | obtained by fraudulent means. |
24 | | (9) Practicing or attempting to practice under a name |
25 | | other than the full name shown on the license or recovery |
26 | | permit or any other legally authorized name. |
|
| | 10000HB3342sam001 | - 11 - | LRB100 08528 SMS 27818 a |
|
|
1 | | (b) The Commission may refuse to issue or may suspend the |
2 | | license or recovery permit of any person or entity who fails to |
3 | | file a return, pay the tax, penalty, or interest shown in a |
4 | | filed return, or pay any final assessment of tax, penalty, or |
5 | | interest, as required by any tax Act administered by the |
6 | | Department of Revenue, until the time the requirements of the |
7 | | tax Act are satisfied. The Commission may take into |
8 | | consideration any pending tax disputes properly filed with the |
9 | | Department of Revenue.
|
10 | | (Source: P.A. 97-576, eff. 7-1-12; 100SB1688enr.)
|
11 | | (225 ILCS 422/85)
|
12 | | (Section scheduled to be repealed on January 1, 2022) |
13 | | Sec. 85. Consideration of past crimes. |
14 | | (a) The Commission shall not require the license or permit |
15 | | holders and applicants applicant to report the following |
16 | | information and shall not consider the following criminal |
17 | | history records in connection with an application for a license |
18 | | or permit under this Act: |
19 | | (1) Juvenile adjudications of delinquent minors as |
20 | | defined in Section 5-105 of the Juvenile Court Act of 1987, |
21 | | subject to the restrictions set forth in Section 5-130 of |
22 | | the Juvenile Court Act of 1987. |
23 | | (2) Law enforcement records, court records, and |
24 | | conviction records of an individual who was 17 years old at |
25 | | the time of the conviction for the offense and before |
|
| | 10000HB3342sam001 | - 12 - | LRB100 08528 SMS 27818 a |
|
|
1 | | January 1, 2014, unless the nature of the offense required |
2 | | the individual to be tried as an adult. |
3 | | (3) Records of arrest not followed by a conviction. |
4 | | (4) Convictions overturned by a higher court. |
5 | | (5) Convictions or arrests that have been sealed or |
6 | | expunged. |
7 | | (b) When considering the denial of a license or recovery |
8 | | permit on the grounds of conviction of a crime, including those |
9 | | set forth in paragraph (2) of subsection (a) of Section 40 and |
10 | | subparagraph (B) of paragraph (1) of subsection (a) of Section |
11 | | 45, respectively, the Commission, in evaluating whether the |
12 | | conviction will impair the license or permit holder's or |
13 | | applicant's ability to engage in the position for which a |
14 | | license or permit is sought and the license or permit holder's |
15 | | or applicant's present eligibility for a license or recovery |
16 | | permit, shall consider each of the following criteria: |
17 | | (1) The lack of direct relation of the offense for |
18 | | which the license or permit holder or applicant was |
19 | | previously convicted to the duties, functions, and |
20 | | responsibilities of the position for which a license or |
21 | | permit is sought. |
22 | | (2) Circumstances relative to the offense, including |
23 | | the license or permit holder's or applicant's age at the |
24 | | time that the offense was committed. |
25 | | (3) Evidence of any act committed subsequent to the act |
26 | | or crime under consideration as grounds for denial, which |
|
| | 10000HB3342sam001 | - 13 - | LRB100 08528 SMS 27818 a |
|
|
1 | | also could be considered as grounds for disciplinary action |
2 | | under this Act. |
3 | | (4) Whether 5 years since a conviction or 3 years since |
4 | | successful completion of the imposed sentence release from |
5 | | confinement for the conviction, whichever is later, have |
6 | | passed without a subsequent conviction. |
7 | | (5) Successful completion of sentence or for license or |
8 | | permit holders or applicants serving a term of parole or |
9 | | probation, a progress report provided by the license or |
10 | | permit holder's or applicant's probation or parole officer |
11 | | that documents the license or permit holder's or |
12 | | applicant's compliance with conditions of supervision. |
13 | | (6) If the license or permit holder or applicant was |
14 | | previously licensed or employed in this State or other |
15 | | states or jurisdictions, then the lack of prior misconduct |
16 | | arising from or related to the licensed position or |
17 | | position of employment. |
18 | | (7) Evidence of rehabilitation or rehabilitative |
19 | | effort during or after incarceration, or during or after a |
20 | | term of supervision, including, but not limited to, a |
21 | | certificate of good conduct under Section 5-5.5-25 of the |
22 | | Unified Code of Corrections or a certificate of relief from |
23 | | disabilities under Section 5-5.5-10 of the Unified Code of |
24 | | Corrections. |
25 | | (8) Any other mitigating factors that contribute to the |
26 | | license or permit holder's or applicant's person's |
|
| | 10000HB3342sam001 | - 14 - | LRB100 08528 SMS 27818 a |
|
|
1 | | potential and current ability to perform the duties and |
2 | | responsibilities of practices licensed or registered under |
3 | | this Act. |
4 | | (c) When considering the suspension or revocation of a |
5 | | license or recovery permit on the grounds of conviction of a |
6 | | crime, the Commission, in evaluating the rehabilitation of the |
7 | | license or permit holder applicant , whether the conviction will |
8 | | impair the license or permit holder's applicant's ability to |
9 | | engage in the position for which a license or permit is sought, |
10 | | and the license or permit holder's applicant's present |
11 | | eligibility for a license or recovery permit, shall consider |
12 | | each of the following criteria: |
13 | | (1) The nature and severity of the act or offense. |
14 | | (2) The license holder's or recovery permit holder's |
15 | | criminal record in its entirety. |
16 | | (3) The amount of time that has lapsed since the |
17 | | commission of the act or offense. |
18 | | (4) Whether the license holder or recovery permit |
19 | | holder has complied with any terms of parole, probation, |
20 | | restitution, or any other sanctions lawfully imposed |
21 | | against him or her. |
22 | | (5) If applicable, evidence of expungement |
23 | | proceedings. |
24 | | (6) Evidence, if any, of rehabilitation submitted by |
25 | | the license holder or recovery permit holder.
|
26 | | (d) If the Commission refuses to issue or renew, or |
|
| | 10000HB3342sam001 | - 15 - | LRB100 08528 SMS 27818 a |
|
|
1 | | suspends or revokes or places on probation or takes any |
2 | | disciplinary action that the Commission may deem proper against |
3 | | a license or permit grant a license or permit to an applicant , |
4 | | then the Commission shall notify the license or permit holder |
5 | | or applicant of the decision denial in writing with the |
6 | | following included in the notice of decision denial : |
7 | | (1) a statement about the decision to refuse to grant a |
8 | | license or permit ; |
9 | | (2) a list of the convictions that the Commission |
10 | | determined will impair the license or permit holder's or |
11 | | applicant's ability to engage in the position for which a |
12 | | license or permit is sought; |
13 | | (3) a list of convictions that formed the sole or |
14 | | partial basis for the decision refusal to grant a license |
15 | | or permit ; and |
16 | | (4) a summary of the appeal process or the earliest a |
17 | | reapplication for a license or permit is permissible the |
18 | | applicant may reapply for a license or permit , whichever is |
19 | | applicable. |
20 | | (e) No later than May 1 of each year, the Commission must |
21 | | prepare, publicly announce, and publish a report of summary |
22 | | statistical information relating to new and renewal license or |
23 | | permit applications during the preceding calendar year. Each |
24 | | report shall show, at a minimum: |
25 | | (1) the number of applicants for a new or renewal |
26 | | license or permit under this Act within the previous |
|
| | 10000HB3342sam001 | - 16 - | LRB100 08528 SMS 27818 a |
|
|
1 | | calendar year; |
2 | | (2) the number of applicants for a new or renewal |
3 | | license or permit under this Act within the previous |
4 | | calendar year who had a any criminal conviction identified |
5 | | in paragraph (3) of subsection (a) of Section 80 ; |
6 | | (3) the number of applicants for a new or renewal |
7 | | license or permit under this Act in the previous calendar |
8 | | year who were granted a license or permit; |
9 | | (4) the number of applicants for a new or renewal |
10 | | license or permit with a criminal conviction identified in |
11 | | paragraph (3) of subsection (a) of Section 80 who were |
12 | | granted a license or permit under this Act within the |
13 | | previous calendar year; |
14 | | (5) the number of applicants for a new or renewal |
15 | | license or permit under this Act within the previous |
16 | | calendar year who were denied a license or permit; |
17 | | (6) the number of applicants for a new or renewal |
18 | | license or permit with a criminal conviction identified in |
19 | | paragraph (3) of subsection (a) of Section 80 who were |
20 | | denied a license or permit under this Act in the previous |
21 | | calendar year in whole or in part because of the a prior |
22 | | conviction; |
23 | | (7) the number of licenses or permits issued with a |
24 | | condition of on probation without monitoring imposed by the |
25 | | Commission under this Act in the previous calendar year to |
26 | | applicants with a criminal conviction identified in |
|
| | 10000HB3342sam001 | - 17 - | LRB100 08528 SMS 27818 a |
|
|
1 | | paragraph (3) of subsection (a) of Section 80 ; and |
2 | | (8) the number of licenses or permits issued with a |
3 | | condition of on probation with monitoring imposed by the |
4 | | Commission under this Act in the previous calendar year to |
5 | | applicants with a criminal conviction identified in |
6 | | paragraph (3) of subsection (a) of Section 80 . |
7 | | (Source: P.A. 97-576, eff. 7-1-12; 100SB1688enr.)
|
8 | | Section 10. The Real Estate Appraiser Licensing Act of 2002 |
9 | | is amended by changing Section 25-10 as follows:
|
10 | | (225 ILCS 458/25-10)
|
11 | | (Section scheduled to be repealed on January 1, 2022)
|
12 | | Sec. 25-10. Real Estate Appraisal Administration and |
13 | | Disciplinary Board; appointment.
|
14 | | (a) There is hereby created the Real Estate Appraisal |
15 | | Administration and Disciplinary Board. The Board
shall be |
16 | | composed of 10 persons appointed by the Governor, plus the |
17 | | Coordinator
of
the Real Estate Appraisal Division. Members |
18 | | shall be appointed to the Board
subject to the following |
19 | | conditions:
|
20 | | (1) All appointed members shall have been residents and |
21 | | citizens of this
State for
at least 5 years prior
to the |
22 | | date of appointment.
|
23 | | (2) The appointed membership of the Board should |
24 | | reasonably reflect the
geographic
distribution of the
|
|
| | 10000HB3342sam001 | - 18 - | LRB100 08528 SMS 27818 a |
|
|
1 | | population of the State.
|
2 | | (3) Four appointed members shall have been actively |
3 | | engaged and currently
licensed as
State
certified general |
4 | | real estate appraisers for a period of not less than 5
|
5 | | years.
|
6 | | (4)
Four Two appointed members shall have been actively |
7 | | engaged and currently
licensed as
State
certified |
8 | | residential real estate appraisers for a period of
not less |
9 | | than 5 years , 2 of whom . (5)
Two appointed members shall |
10 | | hold a valid licenses license as a
real estate brokers or |
11 | | managing brokers
broker for at least 5 10 years prior to |
12 | | the date of the appointment , one of whom
shall hold a valid
|
13 | | State certified general real estate appraiser license |
14 | | issued under this Act or a predecessor Act for a period of |
15 | | at
least 5 years prior to the appointment and one of whom |
16 | | shall hold a valid State certified residential real estate |
17 | | appraiser license issued under this Act or a predecessor |
18 | | Act for a period of at
least 5 years prior to the |
19 | | appointment .
|
20 | | (5) (6) One appointed member shall be a representative |
21 | | of a financial
institution, as evidenced by his or her |
22 | | employment with a financial
institution.
|
23 | | (6) (7) One appointed member shall represent the |
24 | | interests of the general
public. This member or his or her |
25 | | spouse shall not be licensed under this Act
nor be employed |
26 | | by or have any interest in an appraisal business, appraisal |
|
| | 10000HB3342sam001 | - 19 - | LRB100 08528 SMS 27818 a |
|
|
1 | | management company, real estate
brokerage business, or a |
2 | | financial institution.
|
3 | | In making appointments as
provided in paragraphs (3) and |
4 | | (4) of this subsection, the Governor shall
give due |
5 | | consideration to recommendations by members and organizations
|
6 | | representing the profession.
|
7 | | In making the appointments as
provided in paragraph (5) of |
8 | | this subsection, the Governor shall give
due consideration to |
9 | | the recommendations by members and organizations
representing |
10 | | the real estate industry.
|
11 | | In making the appointment as provided
in paragraph (5) (6) |
12 | | of this subsection, the Governor
shall give due consideration |
13 | | to the recommendations by members and
organizations |
14 | | representing financial institutions.
|
15 | | (b) The term for members of the Board shall be 4 years, and |
16 | | each member shall serve until his or her successor is appointed |
17 | | and qualified.
No member shall be reappointed to the Board for |
18 | | a term that would cause his or her cumulative service to the |
19 | | Board to exceed 10 years.
|
20 | | (c) The Governor may terminate the appointment of a member |
21 | | for cause that,
in
the opinion of the Governor, reasonably |
22 | | justifies the termination. Cause for
termination may include, |
23 | | without limitation, misconduct, incapacity, neglect of
duty, |
24 | | or missing 4 Board meetings during any one calendar year.
|
25 | | (d) A majority of the Board members shall constitute a
|
26 | | quorum. A vacancy in the membership of the Board shall not |
|
| | 10000HB3342sam001 | - 20 - | LRB100 08528 SMS 27818 a |
|
|
1 | | impair the right of
a quorum to exercise all of the rights and |
2 | | perform all of the duties of the
Board.
|
3 | | (e) The Board shall meet at least quarterly and may be |
4 | | convened
by the Chairperson, Vice-Chairperson, or 3 members of |
5 | | the Board upon 10 days
written notice.
|
6 | | (f) The Board shall, annually at the first meeting of the |
7 | | fiscal year,
elect a Chairperson and Vice-Chairperson from its
|
8 | | members. The Chairperson shall preside over the meetings and |
9 | | shall coordinate
with the Coordinator
in developing and |
10 | | distributing an agenda for each meeting. In the absence of
the |
11 | | Chairperson, the Vice-Chairperson shall preside over the |
12 | | meeting.
|
13 | | (g) The Coordinator
of the Real Estate Appraisal Division |
14 | | shall serve as
a member of the Board without vote.
|
15 | | (h) The Board shall advise and make recommendations to
the |
16 | | Department
on the education and experience qualifications of |
17 | | any applicant for initial licensure as a State certified |
18 | | general real estate appraiser or a State certified residential |
19 | | real estate appraiser. The Department shall not make any |
20 | | decisions concerning education or experience qualifications of |
21 | | an applicant for initial licensure as a State certified general |
22 | | real estate appraiser or a State certified residential real |
23 | | estate appraiser without having first received the advice and |
24 | | recommendation of the Board and
shall give due consideration to |
25 | | all
such advice and recommendations; however, if the Board does |
26 | | not render advice or make a recommendation within a reasonable |
|
| | 10000HB3342sam001 | - 21 - | LRB100 08528 SMS 27818 a |
|
|
1 | | amount of time, then the Department may render a decision.
|
2 | | (i) Except as provided in Section 15-17 of this Act, the
|
3 | | Board shall hear and make recommendations to the
Secretary
on
|
4 | | disciplinary matters
that require a formal evidentiary |
5 | | hearing. The Secretary
shall give due
consideration to the
|
6 | | recommendations of the Board involving discipline and |
7 | | questions involving
standards of professional
conduct of |
8 | | licensees.
|
9 | | (j) The Department shall seek and the Board shall provide
|
10 | | recommendations to the Department
consistent with the
|
11 | | provisions
of this Act and for the administration and |
12 | | enforcement of all
rules adopted
pursuant to this Act. The |
13 | | Department
shall give due consideration to
such
|
14 | | recommendations
prior to adopting rules.
|
15 | | (k) The Department shall seek and the Board shall provide
|
16 | | recommendations to the Department
on the approval of all |
17 | | courses
submitted to the Department
pursuant to this Act and |
18 | | the rules adopted pursuant to this Act. The Department shall |
19 | | not approve any courses without having first received the |
20 | | recommendation of the Board and
shall
give due consideration to |
21 | | such
recommendations
prior to approving and licensing courses; |
22 | | however, if the Board does not make a recommendation within a |
23 | | reasonable amount of time, then the Department may approve |
24 | | courses.
|
25 | | (l) Each voting member of the Board shall receive a per |
26 | | diem stipend in an
amount
to be determined by the Secretary. |
|
| | 10000HB3342sam001 | - 22 - | LRB100 08528 SMS 27818 a |
|
|
1 | | Each member shall be paid his or her necessary expenses while
|
2 | | engaged in the
performance of his or her duties.
|
3 | | (m) Members of the Board shall be immune from suit in an |
4 | | action based upon
any disciplinary
proceedings or other acts |
5 | | performed in good faith as members of the Board.
|
6 | | (n) If the Department disagrees with any advice or |
7 | | recommendation provided by the Board under this Section to the |
8 | | Secretary or the Department, then notice of such disagreement |
9 | | must be provided to the Board by the Department.
|
10 | | (o) Upon resolution adopted at any Board meeting, the |
11 | | exercise of any Board function, power, or duty enumerated in |
12 | | this Section or in subsection (d) of Section 15-10 of this Act |
13 | | may be suspended. The exercise of any suspended function, |
14 | | power, or duty of the Board may be reinstated by a resolution |
15 | | adopted at a subsequent Board meeting. Any resolution adopted |
16 | | pursuant to this Section shall take effect immediately.
|
17 | | (Source: P.A. 98-1109, eff. 1-1-15 .)
|
18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.".
|