REAL ESTATE APPRAISER LIC-MISC
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HB 1015 — REAL ESTATE APPRAISER LIC-MISC
Last action — Public Act . . . . . . . . . 96-0844
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 11, 2009. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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). 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.
Bill Text
What changed in the latest version
1209 added · 1228 removedPlain-language change summary
The recent changes to Bill HB 1015 involve updating the application requirements for obtaining a State certified residential real estate appraiser license. Specifically, a blank section was removed, which previously might have included additional qualifications, clarifying the necessary criteria for applicants. This streamlining of requirements is important because it can make the application process clearer and more accessible for aspiring appraisers, potentially increasing the number of qualified professionals in the field.
HB1015 EnrolledRe-Enrolled LRB096 04384 ASK 14754 b AN ACT concerning regulation.
"Appraisal" means (noun) the act or process of developing HB1015 EnrolledRe-Enrolled - 2 - LRB096 04384 ASK 14754 b an opinion of value;
HB1015 EnrolledRe-Enrolled - 3 - LRB096 04384 ASK 14754 b "Appraiser" means a person who performs real estate or real property appraisals.
"Department" means the Department of Financial and HB1015 EnrolledRe-Enrolled - 4 - LRB096 04384 ASK 14754 b Professional Regulation.
"Real estate related financial transaction" means any HB1015 EnrolledRe-Enrolled - 5 - LRB096 04384 ASK 14754 b transaction involving:
HB1015 EnrolledRe-Enrolled - 6 - LRB096 04384 ASK 14754 b "Supervising appraiser" means either (i) an appraiser who holds a valid license under this Act as either a State certified general real estate appraiser or a State certified residential real estate appraiser, who co-signs an appraisal report for an associate real estate trainee appraiser or (ii) a State certified general real estate appraiser who holds a valid license under this Act who co-signs an appraisal report for a State certified residential real estate appraiser on properties other than one to 4 units of residential real property without regard to transaction value or complexity.
"USPAP" means the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards HB1015 EnrolledRe-Enrolled - 7 - LRB096 04384 ASK 14754 b Board pursuant to Title XI and by rule.
(b) It Beginning July 1, 2002, 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 HB1015 EnrolledRe-Enrolled - 8 - LRB096 04384 ASK 14754 b associate real estate trainee appraiser, or as a State licensed real estate appraiser issued pursuant to a predecessor Act 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.
However, no State appraisal license or certification shall be HB1015 EnrolledRe-Enrolled - 9 - LRB096 04384 ASK 14754 b issued under this Act to a partnership, association, corporation, firm, or group.
(g) This Act does not apply to an employee, officer, director, or member of a credit or loan committee of a HB1015 EnrolledRe-Enrolled - 10 - LRB096 04384 ASK 14754 b 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.
HB1015 EnrolledRe-Enrolled - 11 - LRB096 04384 ASK 14754 b (a) Every person who desires to obtain a State certified general real estate appraiser license shall:
(b) Applicants must provide evidence to the Department of (i) holding a Bachelor's degree or higher from an accredited college or university or (ii) successfully passing 30 semester credit hours or the equivalent from an accredited college or HB1015 EnrolledRe-Enrolled - 12 - LRB096 04384 ASK 14754 b university, junior college, or community college in the following subjects:
(c)(Source: Rulemaking authority to implement this amendatory Act of the 96th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules;
any purported rule not so adopted, for whatever reason, is unauthorized.
HB1015 Enrolled - 13 - LRB096 04384 ASK 14754 b (Source:
(a) Every person who desires to obtain a State certified HB1015 Re-Enrolled - 13 - LRB096 04384 ASK 14754 b residential real estate appraiser license shall:
and (6) prior to taking the examination, provide evidence to the Department OBRE that he or she has successfully HB1015 Enrolled - 14 - LRB096 04384 ASK 14754 b completed the prerequisite experience requirements as established by AQB and by rule.
(b) Applicants must provide evidence to the Department of (i) holding an Associate's degree or its equivalent from an accredited college or university, junior college, or community college or (ii) successfully passing 21 semester credit hours or the equivalent from an accredited college or university, HB1015 Re-Enrolled - 14 - LRB096 04384 ASK 14754 b junior college, or community college in the following subjects:
(c) Rulemaking authority to implement this amendatory Act of the 96th General Assembly, if any, is conditioned on the rules being adopted in accordance with all provisions of the Illinois Administrative Procedure Act and all rules and procedures of the Joint Committee on Administrative Rules;
any HB1015 Enrolled - 15 - LRB096 04384 ASK 14754 b purported rule not so adopted, for whatever reason, is unauthorized.
(3) provide evidence of having attained a high school diploma or completed an equivalent course of study as HB1015 Re-Enrolled - 15 - LRB096 04384 ASK 14754 b determined by an examination conducted or accepted by the Illinois State Board of Education;
(b) A person who holds a valid license as a licensed real estate appraiser, issued pursuant to a predecessor Act, may convert that license to an associate real estate appraiser license by making application to OBRE on forms provided by OBRE HB1015 Enrolled - 16 - LRB096 04384 ASK 14754 b accompanied by the required fee.
(225 ILCS 458/5-21 new) (Section scheduled to be repealed on January 1, 2012) HB1015 Re-Enrolled - 16 - LRB096 04384 ASK 14754 b Sec.
Except as otherwise HB1015 Enrolled - 17 - LRB096 04384 ASK 14754 b 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:
(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 HB1015 Re-Enrolled - 17 - LRB096 04384 ASK 14754 b 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.
HB1015 Enrolled - 18 - LRB096 04384 ASK 14754 b (d) The expiration date and renewal period for an associate real estate trainee appraiser license issued under this Act shall be set by rule.
HB1015 Re-Enrolled - 18 - LRB096 04384 ASK 14754 b (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.
(1) on active duty with the United States Armed HB1015 Enrolled - 19 - LRB096 04384 ASK 14754 b Services;
(g) The Department OBRE 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 HB1015 Re-Enrolled - 19 - LRB096 04384 ASK 14754 b renew or convert his or her license prior to its expiration date.
The Department may issue an (a) A nonresident who holds a valid appraiser license, without the required examination, to an applicant licensed by another issued to him or her by the proper licensing authority of a state, territory, possession of the United States, or the District of Columbia, HB1015 Enrolled - 20 - LRB096 04384 ASK 14754 b if (i) the that has licensing requirements of that licensing authority are, on the date of licensure, substantially equal to or substantially equivalent 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) of the State of Illinois and otherwise meets the requirements for licensure may obtain a license without examination, provided that:
(2) the applicant provides the Department OBRE with evidence a certificate of good standing from the licensing authority of the applicant's place of residence or by HB1015 Re-Enrolled - 20 - LRB096 04384 ASK 14754 b an Appraisal Subcommittee National Registry registry history report.
The consent shall stipulate and agree that service of the summons, process, or pleading upon the HB1015 Enrolled - 21 - LRB096 04384 ASK 14754 b Commissioner shall be taken and held in all courts to be valid and binding as if actual service had been made upon the nonresident licensee in Illinois.
HB1015 Re-Enrolled - 21 - LRB096 04384 ASK 14754 b (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.
7-1-02.) (225 ILCS 458/5-40) (Section scheduled to be repealed on January 1, 2012) HB1015 Enrolled - 22 - LRB096 04384 ASK 14754 b Sec.
(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 HB1015 Re-Enrolled - 22 - LRB096 04384 ASK 14754 b appraiser shall be in accordance with AQB criteria and established by rule.
The Department OBRE shall establish rules for fees to be paid by applicants and licensees to cover the reasonable costs of the Department OBRE in administering and HB1015 Enrolled - 23 - LRB096 04384 ASK 14754 b enforcing the provisions of this Act.
A certified general real estate appraiser may independently provide appraisal services, review, or consulting relating to any type of property for which he or she HB1015 Re-Enrolled - 23 - LRB096 04384 ASK 14754 b has experience or and is competent.
(c) A State certified residential real estate appraiser must have a State certified general real estate appraiser who holds a valid license under this Act co-sign all appraisal HB1015 Enrolled - 24 - LRB096 04384 ASK 14754 b reports on properties other than one to 4 units of residential real property without regard to transaction value or complexity.
In addition, an associate real estate trainee appraiser shall be required to have a State certified general real estate appraiser or State certified HB1015 Re-Enrolled - 24 - LRB096 04384 ASK 14754 b residential real estate appraiser who holds a valid license under this Act to co-sign all appraisal reports.
7-1-02.) (225 ILCS 458/10-10) HB1015 Enrolled - 25 - LRB096 04384 ASK 14754 b (Section scheduled to be repealed on January 1, 2012) Sec.
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7-1-02.) (225 ILCS 458/10-20) HB1015 Re-Enrolled - 25 - LRB096 04384 ASK 14754 b (Section scheduled to be repealed on January 1, 2012) Sec.
HB1015 Enrolled - 26 - LRB096 04384 ASK 14754 b (Source:
HB1015 Re-Enrolled - 26 - LRB096 04384 ASK 14754 b (b) The Department OBRE has the authority to investigate any activity that may violate this Act.
In addition to or in lieu of HB1015 Enrolled - 27 - LRB096 04384 ASK 14754 b the imposition of a civil penalty, the Department OBRE may report a violation of this Act or the failure or refusal to comply with an order of the Department OBRE to the Attorney General or to the appropriate State's Attorney.
Upon the filing of a verified petition in a circuit court, the court, if satisfied by affidavit or otherwise that a person HB1015 Re-Enrolled - 27 - LRB096 04384 ASK 14754 b has been engaged in the practice of real estate appraisal without a valid license, may enter a temporary restraining order without notice or bond enjoining the defendant from further practice.
In all proceedings under this Section, the court, in its discretion, may apportion the costs among the parties interested in the action, including the cost of filing the complaint, service of process, witness fees and expenses, HB1015 Enrolled - 28 - LRB096 04384 ASK 14754 b court reporter charges, and reasonable attorneys' fees.
7-1-02.) (225 ILCS 458/15-10) (Section scheduled to be repealed on January 1, 2012) HB1015 Re-Enrolled - 28 - LRB096 04384 ASK 14754 b Sec.
(a) The Department Office of Banks and Real Estate may suspend, revoke, refuse to issue,issue , or renew, or restore a license and may reprimand place on probation or administrative supervision, or take any disciplinary or non-disciplinary action otherwise discipline a licensee, including imposing conditions limiting the scope, nature, or extent of the real estate appraisal practice of a licensee or reducing the appraisal rank of a licensee, and may impose an administrative fine a civil penalty not to exceed $25,000 for each violation $10,000 upon a licensee for one or any one or combination of the following:
HB1015 Enrolled - 29 - LRB096 04384 ASK 14754 b (1) Procuring or attempting to procure a license by knowingly making a false statement, submitting false information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
(4) Conviction of or entry of a plea of guilty or nolo contendere to Being convicted of any crime that is a felony HB1015 Re-Enrolled - 29 - LRB096 04384 ASK 14754 b under the laws of the United States or any state or territory thereof or a misdemeanor of which, an essential element of which is dishonesty, fraud, theft, or embezzlement, or obtaining money, property, or credit by false pretenses, or any other crime that is directly reasonably related to the practice of the profession real estate appraisal or a conviction in any state or federal court of any felony.
(5) Committing an act or omission involving dishonesty, fraud, or misrepresentation with the intent to substantially benefit the licensee or another person or with intent to substantially injure another person as HB1015 Enrolled - 30 - LRB096 04384 ASK 14754 b defined by rule.
(9) Having been disciplined by another state, the District of Columbia, a territory, a foreign nation, a governmental agency, or any other entity authorized to HB1015 Re-Enrolled - 30 - LRB096 04384 ASK 14754 b impose discipline if at least one of the grounds for that discipline is the same as or the equivalent of one of the grounds for which a licensee may be disciplined under this Act.
(11) Accepting an appraisal assignment when the employment itself is contingent upon the appraiser reporting a predetermined estimate, analysis, or opinion or when the fee to be paid is contingent upon the opinion, conclusion, or valuation reached or upon the consequences HB1015 Enrolled - 31 - LRB096 04384 ASK 14754 b resulting from the appraisal assignment.
In a HB1015 Re-Enrolled - 31 - LRB096 04384 ASK 14754 b disciplinary proceeding based upon a finding of civil liability, the appraiser shall be afforded an opportunity to present mitigating and extenuating circumstances, but may not collaterally attack the civil adjudication.
(17) Failing to fully cooperate with a Department an OBRE investigation by knowingly making a false statement, HB1015 Enrolled - 32 - LRB096 04384 ASK 14754 b submitting false or misleading information, or refusing to provide complete information in response to written interrogatories or a written request for documentation within 30 days of the request.
HB1015 Re-Enrolled - 32 - LRB096 04384 ASK 14754 b (19) Violating the terms of a disciplinary order or consent to administrative supervision order.
(22) Gross negligence in developing an appraisal or in communicating an appraisal or failing to observe one or more of the Uniform Standards of Professional Appraisal HB1015 Enrolled - 33 - LRB096 04384 ASK 14754 b Practice.
HB1015 Re-Enrolled - 33 - LRB096 04384 ASK 14754 b (27) Failure to furnish information to the Department upon written request.
(1) Procuring or attempting to procure licensure by knowingly making a false statement, submitting false HB1015 Enrolled - 34 - LRB096 04384 ASK 14754 b information, engaging in any form of fraud or misrepresentation, or refusing to provide complete information in response to a question in an application for licensure.
(6) Failing to meet the topic or time requirements for HB1015 Re-Enrolled - 34 - LRB096 04384 ASK 14754 b course approval as the provider of a pre-license curriculum course or a continuing education course.
(10) Failing to provide a certificate, transcript, or HB1015 Enrolled - 35 - LRB096 04384 ASK 14754 b other student record to the Department OBRE or to a student as may be required by rule.
This order shall not be reported or considered by the HB1015 Re-Enrolled - 35 - LRB096 04384 ASK 14754 b Department OBRE to be a discipline of the licensee.
HB1015 Enrolled - 36 - LRB096 04384 ASK 14754 b (a) Upon the motion of the Department Office of Banks and Real Estate or the Board or upon a complaint in writing of a person setting forth facts that, if proven, would constitute grounds for suspension, revocation, or other disciplinary action against a licensee or applicant for licensure, the Department Office of Banks and Real Estate shall investigate the actions of the licensee or applicant.
HB1015 Re-Enrolled - 36 - LRB096 04384 ASK 14754 b (b) Formal disciplinary proceedings shall commence upon the issuance of a written complaint describing the charges that are the basis of the disciplinary action and delivery of the detailed complaint to the address of record of the licensee or applicant.
that failure to file an answer will result in a default being entered against HB1015 Enrolled - 37 - LRB096 04384 ASK 14754 b the licensee or applicant;
(c) At the time and place fixed in the notice, the Board shall conduct hearing of the charges, providing both the HB1015 Re-Enrolled - 37 - LRB096 04384 ASK 14754 b accused person and the complainant ample opportunity to present in person or by counsel such statements, testimony, evidence, and argument as may be pertinent to the charges or to a defense thereto.
Within 20 days after the service, the licensee or applicant may present the Secretary Commissioner with a motion in writing for either a rehearing, a proposed finding of fact, a conclusion of law, or an alternative sanction, and shall specify the particular HB1015 Enrolled - 38 - LRB096 04384 ASK 14754 b grounds for the request.
In all instances under this Act in which the Board has rendered a recommendation to the Secretary Commissioner with respect to a particular licensee or applicant, the Secretary Commissioner, HB1015 Re-Enrolled - 38 - LRB096 04384 ASK 14754 b if he or she disagrees with the recommendation of the Board, shall file with the Board and provide to the licensee or applicant a copy of the Secretary's Commissioner's specific written reasons for disagreement with the Board.
Upon the suspension or revocation of a license, the licensee shall be required to surrender his or her HB1015 Enrolled - 39 - LRB096 04384 ASK 14754 b license to the Department OBRE, and upon failure or refusal to do so, the Department OBRE shall have the right to seize the license.
In a case of refusal of a witness to attend, testify, or to produce books or papers concerning a matter upon which he or she might be lawfully examined, the circuit court of the county where the hearing is held, upon application of the Department Office of Banks and Real Estate or any party to the proceeding, may HB1015 Re-Enrolled - 39 - LRB096 04384 ASK 14754 b compel obedience by proceedings as for contempt.
(h) The Secretary Commissioner shall have the authority to HB1015 Enrolled - 40 - LRB096 04384 ASK 14754 b appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action to suspend, revoke, or otherwise discipline any license issued by the Department Office of Banks and Real Estate.
7-1-02.) HB1015 Re-Enrolled - 40 - LRB096 04384 ASK 14754 b (225 ILCS 458/15-17 new) (Section scheduled to be repealed on January 1, 2012) Sec.
The suspended licensee may seek a HB1015 Enrolled - 41 - LRB096 04384 ASK 14754 b continuance of the hearing, during which time the suspension shall remain in effect.
Whenever the Secretary becomes aware, based on reliable information, that any person or entity regulated by the Department, other than a person or entity regulated under this Act, is engaged or has been engaged in real estate appraising for mortgage loan purposes in a manner that constitutes fraud or misrepresentation or constitutes HB1015 Re-Enrolled - 41 - LRB096 04384 ASK 14754 b dishonest, unethical, or unprofessional conduct of a character likely to defraud or harm the public, the Secretary shall refer that matter in a timely manner to the appropriate disciplinary board or investigative body charged with investigating and prosecuting the unlawful conduct of such regulated person or entity and may also refer the matter to the Attorney General or other appropriate law enforcement agency, as deemed appropriate by the Secretary.
HB1015 Enrolled - 42 - LRB096 04384 ASK 14754 b Administrative Procedure Act.
(c) The Administrative Procedures Act is hereby expressly HB1015 Re-Enrolled - 42 - LRB096 04384 ASK 14754 b adopted and incorporated herein.
No action may be taken under this Act against a person licensed under this Act unless the action is commenced within 5 years after the occurrence of the alleged violation or at least 2 years after final disposition of any judicial proceeding in which the appraiser HB1015 Enrolled - 43 - LRB096 04384 ASK 14754 b provided testimony related to the assignment, whichever period expires last.
(1) the signature is the genuine signature of the HB1015 Re-Enrolled - 43 - LRB096 04384 ASK 14754 b Secretary Commissioner;
The Department OBRE may refuse to issue or renew or may suspend the license of any person who fails to file a return, pay the tax, penalty, or HB1015 Enrolled - 44 - LRB096 04384 ASK 14754 b interest shown in a filed return, or pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of that tax Act are satisfied.
however, the Department OBRE may issue a HB1015 Re-Enrolled - 44 - LRB096 04384 ASK 14754 b license or renewal if the person has established a satisfactory repayment record as determined by the Illinois Student Assistance Commission or other appropriate governmental agency of this State.
7-1-02.) (225 ILCS 458/15-50) HB1015 Enrolled - 45 - LRB096 04384 ASK 14754 b (Section scheduled to be repealed on January 1, 2012) Sec.
In cases regarding the renewal of a license, the HB1015 Re-Enrolled - 45 - LRB096 04384 ASK 14754 b Department OBRE shall not renew any license if the Department of Healthcare and Family Services (formerly Department of Public Aid) has certified the licensee to be more than 30 days delinquent in the payment of child support, unless the licensee has arranged for payment of past and current child support obligations in a manner satisfactory to the Department of Healthcare and Family Services (formerly Department of Public Aid).
8-21-07.) (225 ILCS 458/15-55) HB1015 Enrolled - 46 - LRB096 04384 ASK 14754 b (Section scheduled to be repealed on January 1, 2012) Sec.
OBRE shall HB1015 Re-Enrolled - 46 - LRB096 04384 ASK 14754 b notify the person, by certified mail return receipt requested, that his or her check or payment was returned and that the person shall pay to OBRE by certified check or money order the amount of the returned check plus a $50 penalty within 30 calendar days after the date of the notification.
If, after the HB1015 Enrolled - 47 - LRB096 04384 ASK 14754 b expiration of 30 days from the date of the notification termination or denial, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or deny the application, without hearing.
The Secretary Commissioner may waive the fines penalties or fines due under this Section in individual cases where the Secretary HB1015 Re-Enrolled - 47 - LRB096 04384 ASK 14754 b Commissioner finds that the penalties or fines would be unreasonable or unnecessarily burdensome.
7-1-02.) HB1015 Enrolled - 48 - LRB096 04384 ASK 14754 b (225 ILCS 458/20-5) (Section scheduled to be repealed on January 1, 2012) Sec.
HB1015 Re-Enrolled - 48 - LRB096 04384 ASK 14754 b (3) adequate support personnel to assist with administrative matters and technical assistance;
The term, expiration date, and renewal of an HB1015 Enrolled - 49 - LRB096 04384 ASK 14754 b education provider's license shall be established by rule.
(a) Only courses offered by licensed education providers HB1015 Re-Enrolled - 49 - LRB096 04384 ASK 14754 b and approved by the Department, courses approved by the AQB, or courses approved by jurisdictions regulated by the Appraisal Subcommittee OBRE shall be used to meet the requirements of this Act and rules.
The term, expiration date, and renewal of a course approval shall be established by HB1015 Enrolled - 50 - LRB096 04384 ASK 14754 b rule.
7-1-02.) HB1015 Re-Enrolled - 50 - LRB096 04384 ASK 14754 b (225 ILCS 458/25-5) (Section scheduled to be repealed on January 1, 2012) Sec.
Subject to appropriation, the moneys in the Appraisal Administration Fund shall be paid to the Department OBRE for the expenses incurred by the Department OBRE and the Board in the administration of HB1015 Enrolled - 51 - LRB096 04384 ASK 14754 b this Act.
Real Estate Appraisal Administration and HB1015 Re-Enrolled - 51 - LRB096 04384 ASK 14754 b Disciplinary Board;
(2) The appointed membership of the Board should reasonably reflect the geographic distribution of the HB1015 Enrolled - 52 - LRB096 04384 ASK 14754 b population of the State.
(5) Two appointed members shall hold a valid license as a real estate broker for at least 10 years prior to the date of the appointment, one of whom and shall hold a valid State certified general real estate appraiser license issued under this Act or a predecessor Act for a period of HB1015 Re-Enrolled - 52 - LRB096 04384 ASK 14754 b at least 5 years prior to the appointment and one of whom shall hold a valid State certified residential real estate appraiser license issued under this Act or a predecessor Act for a period of at least 5 years prior to the appointment.
This member or his or her spouse shall not be licensed under this Act nor be employed by or have any interest in an appraisal business, real estate HB1015 Enrolled - 53 - LRB096 04384 ASK 14754 b brokerage business, or a financial institution.
(b) The term for members of the Board shall be 4 years, and HB1015 Re-Enrolled - 53 - LRB096 04384 ASK 14754 b each member shall serve until his or her successor is appointed and qualified, except for the initial appointees.
(c) The Governor may terminate the appointment of a member HB1015 Enrolled - 54 - LRB096 04384 ASK 14754 b for cause that, in the opinion of the Governor, reasonably justifies the termination.
The Chairperson shall preside over the meetings and HB1015 Re-Enrolled - 54 - LRB096 04384 ASK 14754 b shall coordinate with the Coordinator Director in developing and distributing an agenda for each meeting.
The Department shall not make any decisions concerning education or experience qualifications of HB1015 Enrolled - 55 - LRB096 04384 ASK 14754 b an applicant for initial licensure as a State certified general real estate appraiser or a State certified residential real estate appraiser without having first received the advice and recommendation of the Board and matters of licensing and education.
The Secretary Commissioner shall give due consideration to the recommendations of the Board involving HB1015 Re-Enrolled - 55 - LRB096 04384 ASK 14754 b discipline and questions involving standards of professional conduct of licensees.
The Department HB1015 Enrolled - 56 - LRB096 04384 ASK 14754 b shall not approve any courses without having first received the recommendation of the Board and OBRE shall give due consideration to such the recommendations of the Board prior to approving and licensing courses;
(n) If the Department disagrees with any advice or HB1015 Re-Enrolled - 56 - LRB096 04384 ASK 14754 b recommendation provided by the Board under this Section to the Secretary or the Department, then notice of such disagreement must be provided to the Board by the Department.
7-1-02.) HB1015 Enrolled - 57 - LRB096 04384 ASK 14754 b (225 ILCS 458/25-15) (Section scheduled to be repealed on January 1, 2012) Sec.
The Coordinator must take the 30-hour National Instructors Course HB1015 Re-Enrolled - 57 - LRB096 04384 ASK 14754 b on Uniform Standards of Professional Appraisal Practice.
(1) serve as a member of the Real Estate Appraisal HB1015 Enrolled - 58 - LRB096 04384 ASK 14754 b Administration and Disciplinary Board without vote;
HB1015 Re-Enrolled - 58 - LRB096 04384 ASK 14754 b In appointing the Director of the Real Estate Appraisal Division, the Commissioner shall give due consideration to members, organizations, and associations of the real estate appraisal industry.
The Department of Financial and Professional Regulation Office of Banks and Real Estate shall exercise the powers and duties prescribed by the Civil Administrative Code of Illinois for the HB1015 Enrolled - 59 - LRB096 04384 ASK 14754 b administration of licensing Acts and shall exercise such other powers and duties as are prescribed by this Act for the administration of this Act.
The Department OBRE shall maintain and update a registry of the names and addresses of all licensees and a listing of disciplinary orders issued pursuant to this Act and shall transmit the registry, along with any national registry fees that may be required, to the entity specified by, and in a manner consistent with, Title XI of the federal Financial HB1015 Re-Enrolled - 59 - LRB096 04384 ASK 14754 b Institutions Reform, Recovery and Enforcement Act of 1989.
7-1-02.) (225 ILCS 458/30-10) HB1015 Enrolled - 60 - LRB096 04384 ASK 14754 b (Section scheduled to be repealed on January 1, 2012) Sec.
7-1-02.) HB1015 Re-Enrolled - 60 - LRB096 04384 ASK 14754 b (225 ILCS 458/10-15 rep.) Section 10.
HB1015 EnrolledRe-Enrolled - 61 - LRB096 04384 ASK 14754 b INDEX Statutes amended in order of appearance 225 ILCS 458/1-10 225 ILCS 458/5-5 225 ILCS 458/5-10 225 ILCS 458/5-15 225 ILCS 458/5-20 225 ILCS 458/5-20.5 new 225 ILCS 458/5-21 new 225 ILCS 458/5-25 225 ILCS 458/5-30 225 ILCS 458/5-35 225 ILCS 458/5-40 225 ILCS 458/5-45 225 ILCS 458/5-55 225 ILCS 458/10-5 225 ILCS 458/10-10 225 ILCS 458/10-20 225 ILCS 458/15-5 225 ILCS 458/15-10 225 ILCS 458/15-15 225 ILCS 458/15-17 new 225 ILCS 458/15-18 new 225 ILCS 458/15-20 225 ILCS 458/15-30 HB1015 EnrolledRe-Enrolled - 62 - LRB096 04384 ASK 14754 b 225 ILCS 458/15-35 225 ILCS 458/15-40 225 ILCS 458/15-45 225 ILCS 458/15-50 225 ILCS 458/15-55 225 ILCS 458/15-60 225 ILCS 458/20-5 225 ILCS 458/20-10 225 ILCS 458/25-5 225 ILCS 458/25-10 225 ILCS 458/25-15 225 ILCS 458/25-20 225 ILCS 458/25-25 225 ILCS 458/30-10 225 ILCS 458/10-15 rep.
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Action History
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Public Act . . . . . . . . . 96-0844
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Effective Date December 23, 2009
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Governor Approved
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Returned to Governor for Certification
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Both Houses Accepted Amendatory Veto
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Accept Amendatory Veto - Senate Passed 052-000-000
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Amendatory Veto Motion - Accept Motion Recommends Do Adopt Licensed Activities; 009-000-000
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Amendatory Veto Motion - Motion Referred to Licensed Activities
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Amendatory Veto Motion - Motion Referred to Assignments
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Amendatory Veto Motion - Motion Filed Accept Amendatory Veto Sen. William R. Haine
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Placed on Calendar Amendatory Veto October 28, 2009
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Accept Amendatory Veto - House Passed 116-000-000
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Amendatory Veto Motion - Accept Motion Recommends Be Adopted Rules Committee; 004-000-000
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Amendatory Veto Motion - Motion Referred to Rules Committee
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Amendatory Veto Motion - Motion Filed Accept Amendatory Veto Rep. Angelo Saviano
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Placed on Calendar Amendatory Veto October 14, 2009
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Governor Amendatory Veto
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 058-000-000
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Placed on Calendar Order of 3rd Reading May 13, 2009
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Second Reading
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Placed on Calendar Order of 2nd Reading April 28, 2009
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Do Pass Licensed Activities; 009-000-000
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Assigned to Licensed Activities
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. William R. Haine
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Third Reading - Short Debate - Passed 114-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Chief Co-Sponsor Rep. Thomas Holbrook
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Business & Occupational Licenses Committee; 011-000-000
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Assigned to Business & Occupational Licenses Committee
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Referred to Rules Committee
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First Reading
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Chief Co-Sponsor Rep. John A. Fritchey
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Chief Co-Sponsor Rep. Robert Rita
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Filed with the Clerk by Rep. Angelo Saviano
Sponsors
- Angelo Saviano · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Angelo Saviano
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 6 |
| Democrat | 8 | 0 | 0 | 1 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 52 | 0 | 0 | 7 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hendon | — | Yea |
| McCarter | — | Yea |
| Demuzio | — | Yea |
| Hutchinson | — | Yea |
| Jacobs | — | Yea |
| Kotowski | — | Not Voting |
| Lauzen | — | Not Voting |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Jones, J. | — | Yea |
| Maloney | — | Yea |
| Sullivan | — | Yea |
| Muñoz | — | Yea |
| Noland | — | Yea |
| Radogno | — | Yea |
| Cullerton | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Brady | — | Not Voting |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Not Voting |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hultgren | — | Yea |
| Pankau | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Not Voting |
| Rutherford | — | Not Voting |
| Sandoval | — | Yea |
| Steans | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Duffy | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Not Voting |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 101 | 0 | 0 | 2 |
| Democrat | 11 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 116 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Hatcher | — | Yea |
| Holbrook | — | Yea |
| Jakobsson | — | Yea |
| Leitch | — | Yea |
| Davis, Monique | — | Yea |
| Reitz | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Jefferson | — | Yea |
| Kosel | — | Yea |
| Mathias | — | Yea |
| Lyons | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Moffitt | — | Yea |
| Myers | — | Yea |
| Nekritz | — | Yea |
| Osterman | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Wait | — | Yea |
| Brady | — | Yea |
| Washington | — | Yea |
| Sullivan | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Jerry | — | Yea |
| Gordon, Careen | — | Yea |
| Gordon, Jehan | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Watson | — | Yea |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Hernandez | — | Yea |
| Madigan | — | Yea |
| Howard | — | Yea |
| Mendoza | — | Not Voting |
| Mulligan | — | Not Voting |
| Phelps | — | Yea |
| Pihos | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Jackson | — | Yea |
| Osmond | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Senger | — | Yea |
| Sente | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Lang | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Burns | — | Yea |
| McAsey | — | Yea |
| Golar | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 48 | 0 | 0 | 1 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Haine | — | Yea |
| Kotowski | — | Yea |
| Link | — | Yea |
| McCarter | — | Yea |
| Meeks | — | Yea |
| Millner | — | Yea |
| Noland | — | Yea |
| Demuzio | — | Yea |
| Jacobs | — | Yea |
| Schoenberg | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Munoz | — | Yea |
| Jones, J. | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Trotter | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Frerichs | — | Yea |
| Garrett | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Hutchinson | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Lauzen | — | Yea |
| Luechtefeld | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Not Voting |
| Forby | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 11 | 0 | 0 | 0 |
| Unaffiliated | 100 | 0 | 0 | 3 |
| Republican | 3 | 0 | 0 | 1 |
| Total | 114 | 0 | 0 | 4 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Jefferson | — | Yea |
| Davis, Monique | — | Yea |
| Lang | — | Yea |
| Reitz | — | Yea |
| Leitch | — | Yea |
| Mathias | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Mendoza | — | Yea |
| Lyons | — | Yea |
| Moffitt | — | Yea |
| Myers | — | Yea |
| Senger | — | Yea |
| Thapedi | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Bradley | — | Yea |
| McGuire | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Burke | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Jerry | — | Yea |
| Gordon, Jehan | — | Yea |
| Cavaletto | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Farnham | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Graham | — | Yea |
| Hamos | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Madigan | — | Yea |
| Watson | — | Yea |
| Hernandez | — | Yea |
| Nekritz | — | Yea |
| Osterman | — | Yea |
| Howard | — | Yea |
| Phelps | — | Yea |
| Gordon, Careen | — | Not Voting |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Zalewski | — | Yea |
| Colvin | — | Yea |
| Connelly | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Hatcher | — | Yea |
| Holbrook | — | Yea |
| Jackson | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Not Voting |
| Osmond | — | Yea |
| Pihos | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Ramey | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Soto | — | Yea |
| Sommer | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Biggins | — | Yea |
| Mautino | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Burns | — | Yea |
| McAsey | — | Yea |
| Coulson | — | Yea |
| Mulligan | — | Not Voting |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Not Voting |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 1015 do?
- 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). 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.
- Who sponsors HB 1015?
- HB 1015 is sponsored by Angelo Saviano.
- What is the current status of HB 1015?
- This bill has been enacted into law. Introduced February 11, 2009. Enacted.
- Where can I track HB 1015?
- Track HB 1015 free on One Click Politics — get push/email alerts when it moves.
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