After three years of trying, it finally took a new Governor and a persistent ICAP to get Appraisal Bill - HB1015 passed. The Bill passed in the Senate on May 13th unanimously! It then went to Governor Pat Quinn for his signature.
According to T.J. McCarthy of the Illinois Coalition of Appraisal Professionals (http://www.ICAPweb.com ):
"The long awaited signing of the Appraisal Bill will have to wait a little longer. Today the Governor made an amendatory veto and sent the Bill back to the House of Representatives. This means that we will have to wait until the fall for the House and Senate to accept the Governors suggested amendments and ultimately get this 3 year Bill to finally become a law. ICAP does not anticipate any future problems."
Here is the Governor's letter:
August 10, 2009
To the Honorable Members of the Illinois House of Representatives 96th General Assembly
Today I return House Bill 1015 with my specific recommendations for change. This bill contains language conditioning the Department of Financial and Professional Regulation’s rulemaking ability on compliance with the provisions of the Illinois Administrative Procedure Act. This language is a remnant of the controversy surrounding certain rulemaking undertaken by my predecessor’s administration. In approving House Bill 398, my administration is committed to upholding the law and respecting the constitutionally protected powers of each branch of government. I approved House Bill 398 as a demonstration of this commitment. My approval of House Bill 398 renders the language related to rulemaking in this bill moot. It is time to move past the battles between my predecessor and members of the General Assembly. I am, therefore, deleting this language from the bill.
Therefore, pursuant to Article IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return House Bill 1015, entitled “AN ACT concerning regulation.”, with the following specific recommendations for change:
on page 12, by deleting lines 20 through 26; and
on page 14, by deleting lines 22 through 26; and
on page 15, by deleting lines 1 and 2.
With these changes, House Bill 1015 will have my approval. I respectfully request your concurrence.
PAT QUINN Governor
You can read the bill as introduced here: http://tinyurl.com/oh9ec4
The following is a brief Synopsis of some of the changes.
Synopsis As Introduced Amends the Real Estate Appraiser Licensing Act of 2002.
- Makes changes throughout the Act that mark the transfer of authority to administer and enforce the Act to the Department of Financial and Professional Regulation (rather than the Office of Banks and Real Estate).
- Makes appraiser licensing/certification MANDATORY in Illinois, rather than voluntary. Previously, licensing/certification was only mandatory in connection with federally related transactions. It will now be mandatory for any appraisal service.
- Replaces "associate real estate appraiser" with "associate real estate trainee appraiser" throughout the Act.
- Changes the Real Estate Appraisal Board to the Real Estate Appraisal Administration and Disciplinary Board.
- Provides that a person who violates certain licensure provisions for a second or any subsequent time is guilty of a Class 4 felony.
- Sets forth additional education requirements for licensure under the Act.
- Removes a provision allowing a person who holds a valid license as a licensed real estate appraiser, issued pursuant to a predecessor Act, to convert that license to an associate real estate appraiser license.
- Removes a provision concerning licensed real estate appraiser's licenses issued pursuant to a predecessor Act and provides that an associate real estate trainee appraiser license may not be renewed more than 2 times.
- Adds a provision concerning temporary license suspension.
- Provides that an education provider may use an instructor who is a faculty member in good standing with an accredited college or university or community college or who is an approved appraisal instructor from an appraisal organization that is a member of the Appraisal Foundation. Imposes conditions on any rulemaking authority.
- Makes other changes.
- Repeals a Section concerning identifying a client. Effective Immediately
Approved Bill (Mark-up) Download IL Real Estate Appraiser Licensing Act HB1015