REAL ESTATE-DATA COLLECTOR

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Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3235

Introduced 2/2/2026, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

225 ILCS 458/1-10
225 ILCS 458/5-5

Amends the Real Estate Appraiser Licensing Act of 2002. Provides that
it is unlawful for a person to act as a data collector without a license
issued under the Act. Provides that "data collector" means a person who is
hired by an appraisal management company or mortgage lender to inspect and
collect data and pictures of a specific tract of real estate for the
appraisal management company or mortgage lender with the intent of the
data and information, which will be provided to an appraiser for the sole
basis of preparation of an appraisal, to support a mortgage on the real
estate.
LRB104 18759 AAS 32202 b

A BILL FOR

SB3235
LRB104 18759 AAS 32202 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Real Estate Appraiser Licensing Act of 2002
5
is amended by changing Sections 1-10 and 5-5 as follows:

6

(225 ILCS 458/1-10)
7

(Section scheduled to be repealed on January 1, 2027)
8

Sec. 1-10.
Definitions.
As used in this Act, unless the
9
context otherwise requires:
10

"Accredited college or university, junior college, or
11
community college" means a college or university, junior
12
college, or community college that is approved or accredited
13
by the Board of Higher Education, a regional or national
14
accreditation association, or by an accrediting agency that is
15
recognized by the U.S. Secretary of Education.
16

"Address of record" means the designated street address,
17
which may not be a post office box, recorded by the Department
18
in the applicant's or licensee's application file or license
19
file as maintained by the Department.
20

"Applicant" means a person who applies to the Department
21
for a license under this Act.
22

"Appraisal" means (noun) the act or process of developing
23
an opinion of value; an opinion of value (adjective) of or

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pertaining to appraising and related functions, such as
2
appraisal practice or appraisal services.
3

"Appraisal assignment" means a valuation service provided
4
pursuant to an agreement between an appraiser and a client.
5

"Appraisal firm" means an appraisal entity that is 100%
6
owned and controlled by a person or persons licensed in
7
Illinois as a certified general real estate appraiser or a
8
certified residential real estate appraiser. "Appraisal firm"
9
does not include an appraisal management company.
10

"Appraisal management company" means any corporation,
11
limited liability company, partnership, sole proprietorship,
12
subsidiary, unit, or other business entity that directly or
13
indirectly: (1) provides appraisal management services to
14
creditors or secondary mortgage market participants, including
15
affiliates; (2) provides appraisal management services in
16
connection with valuing the consumer's principal dwelling as
17
security for a consumer credit transaction (including consumer
18
credit transactions incorporated into securitizations); and
19
(3) any appraisal management company that, within a given
20
12-month period, oversees an appraiser panel of 16 or more
21
State-certified appraisers in Illinois or 25 or more
22
State-certified or State-licensed appraisers in 2 or more
23
jurisdictions. "Appraisal management company" includes a
24
hybrid entity.
25

"Appraisal practice" means valuation services performed by
26
an individual acting as an appraiser, including, but not

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limited to, appraisal or appraisal review.
2

"Appraisal qualification board (AQB)" means the
3
independent board of the Appraisal Foundation, which, under
4
the provisions of Title XI of the Financial Institutions
5
Reform, Recovery, and Enforcement Act of 1989, establishes the
6
minimum education, experience, and examination requirements
7
for real property appraisers to obtain a state certification
8
or license.
9

"Appraisal report" means any communication, written or
10
oral, of an appraisal or appraisal review that is transmitted
11
to a client upon completion of an assignment.
12

"Appraisal review" means the act or process of developing
13
and communicating an opinion about the quality of another
14
appraiser's work that was performed as part of an appraisal,
15
appraisal review, or appraisal assignment.
16

"Appraisal Subcommittee" means the Appraisal Subcommittee
17
of the Federal Financial Institutions Examination Council as
18
established by Title XI.
19

"Appraiser" means a person who performs real estate or
20
real property appraisals competently and in a manner that is
21
independent, impartial, and objective.
22

"Appraiser panel" means a network, list, or roster of
23
licensed or certified appraisers approved by the appraisal
24
management company or by the end-user client to perform
25
appraisals as independent contractors for the appraisal
26
management company. "Appraiser panel" includes both appraisers

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accepted by an appraisal management company for consideration
2
for future appraisal assignments and appraisers engaged by an
3
appraisal management company to perform one or more
4
appraisals. For the purposes of determining the size of an
5
appraiser panel, only independent contractors of hybrid
6
entities shall be counted towards the appraiser panel.
7

"Associate real estate trainee appraiser" means an
8
entry-level appraiser who holds a license of this
9
classification under this Act with restrictions as to the
10
scope of practice in accordance with this Act.
11

"Automated valuation model" means an automated system that
12
is used to derive a property value through the use of available
13
property records and various analytic methodologies such as
14
comparable sales prices, home characteristics, and price
15
changes.
16

"Board" means the Real Estate Appraisal Administration and
17
Disciplinary Board.
18

"Broker price opinion" means an estimate or analysis of
19
the probable selling price of a particular interest in real
20
estate, which may provide a varying level of detail about the
21
property's condition, market, and neighborhood and information
22
on comparable sales. The activities of a real estate broker or
23
managing broker engaging in the ordinary course of business as
24
a broker, as defined in this Section, shall not be considered a
25
broker price opinion if no compensation is paid to the broker
26
or managing broker, other than compensation based upon the

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sale or rental of real estate.
2

"Classroom hour" means 50 minutes of instruction out of
3
each 60-minute segment of coursework.
4

"Client" means the party or parties who engage an
5
appraiser by employment or contract in a specific appraisal
6
assignment.
7

"Comparative market analysis" is an analysis or opinion
8
regarding pricing, marketing, or financial aspects relating to
9
a specified interest or interests in real estate that may be
10
based upon an analysis of comparative market data, the
11
expertise of the real estate broker or managing broker, and
12
such other factors as the broker or managing broker may deem
13
appropriate in developing or preparing such analysis or
14
opinion. The activities of a real estate broker or managing
15
broker engaging in the ordinary course of business as a
16
broker, as defined in this Section, shall not be considered a
17
comparative market analysis if no compensation is paid to the
18
broker or managing broker, other than compensation based upon
19
the sale or rental of real estate.
20

"Coordinator" means the Real Estate Appraisal Coordinator
21
created in Section 25-15.
22

"Data collector" means a person who is hired by an
23
appraisal management company or mortgage lender to inspect and
24
collect data and pictures of a specific tract of real estate
25
for the appraisal management company or mortgage lender with
26
the intent of the data and information, which will be provided

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1
to an appraiser for the sole basis of preparation of an
2
appraisal, to support a mortgage on the real estate.

3

"Department" means the Department of Financial and
4
Professional Regulation.
5

"Email address of record" means the designated email
6
address recorded by the Department in the applicant's
7
application file or the licensee's license file maintained by
8
the Department.
9

"Evaluation" means a valuation permitted by the appraisal
10
regulations of the Federal Financial Institutions Examination
11
Council and its federal agencies for transactions that qualify
12
for the appraisal threshold exemption, business loan
13
exemption, or subsequent transaction exemption.
14

"Federal financial institutions regulatory agencies" means
15
the Board of Governors of the Federal Reserve System, the
16
Federal Deposit Insurance Corporation, the Office of the
17
Comptroller of the Currency, the Consumer Financial Protection
18
Bureau, and the National Credit Union Administration.
19

"Federally related transaction" means any real
20
estate-related financial transaction in which a federal
21
financial institutions regulatory agency engages in, contracts
22
for, or regulates and requires the services of an appraiser.
23

"Financial institution" means any bank, savings bank,
24
savings and loan association, credit union, mortgage broker,
25
mortgage banker, licensee under the Consumer Installment Loan
26
Act or the Sales Finance Agency Act, or a corporate fiduciary,

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subsidiary, affiliate, parent company, or holding company of
2
any such licensee, or any institution involved in real estate
3
financing that is regulated by state or federal law.
4

"Hybrid entity" means an appraisal management company that
5
hires an appraiser as an employee to perform an appraisal and
6
engages an independent contractor to perform an appraisal.
7

"License" means the privilege conferred by the Department
8
to a person that has fulfilled all requirements prerequisite
9
to any type of licensure under this Act.
10

"Licensee" means any person licensed under this Act.
11

"Multi-state licensing system" means a web-based platform
12
that allows an applicant to submit the application or license
13
renewal application to the Department online.
14

"Person" means an individual, entity, sole proprietorship,
15
corporation, limited liability company, partnership, and joint
16
venture, foreign or domestic, except that when the context
17
otherwise requires, the term may refer to more than one
18
individual or other described entity.
19

"Real estate" means an identified parcel or tract of land,
20
including any improvements.
21

"Real estate related financial transaction" means any
22
transaction involving:
23

(1) the sale, lease, purchase, investment in, or
24

exchange of real property, including interests in property
25

or the financing thereof;
26

(2) the refinancing of real property or interests in

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real property; and
2

(3) the use of real property or interest in property
3

as security for a loan or investment, including mortgage
4

backed securities.
5

"Real property" means the interests, benefits, and rights
6
inherent in the ownership of real estate.
7

"Secretary" means the Secretary of Financial and
8
Professional Regulation or the Secretary's designee.
9

"State certified general real estate appraiser" means an
10
appraiser who holds a license of this classification under
11
this Act and such classification applies to the appraisal of
12
all types of real property without restrictions as to the
13
scope of practice.
14

"State certified residential real estate appraiser" means
15
an appraiser who holds a license of this classification under
16
this Act and such classification applies to the appraisal of
17
one to 4 units of residential real property without regard to
18
transaction value or complexity, but with restrictions as to
19
the scope of practice in a federally related transaction in
20
accordance with Title XI, the provisions of USPAP, criteria
21
established by the AQB, and further defined by rule.
22

"Supervising appraiser" means either (i) an appraiser who
23
holds a valid license under this Act as either a State
24
certified general real estate appraiser or a State certified
25
residential real estate appraiser, who co-signs an appraisal
26
report for an associate real estate trainee appraiser or (ii)

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a State certified general real estate appraiser who holds a
2
valid license under this Act who co-signs an appraisal report
3
for a State certified residential real estate appraiser on
4
properties other than one to 4 units of residential real
5
property without regard to transaction value or complexity.
6

"Title XI" means Title XI of the federal Financial
7
Institutions Reform, Recovery, and Enforcement Act of 1989.
8

"USPAP" means the Uniform Standards of Professional
9
Appraisal Practice as promulgated by the Appraisal Standards
10
Board pursuant to Title XI and by rule.
11

"Valuation services" means services pertaining to aspects
12
of property value.
13
(Source: P.A. 102-20, eff. 1-1-22; 102-687, eff. 12-17-21;
14
102-970, eff. 5-27-22; 103-236, eff. 1-1-24
.)

15

(225 ILCS 458/5-5)
16

(Section scheduled to be repealed on January 1, 2027)
17

Sec. 5-5.
Necessity of license; use of title; exemptions.
18

(a) It is unlawful for a person to (i) act, offer services,
19
or advertise services as a State certified general real estate
20
appraiser, State certified residential real estate appraiser,
21
or associate real estate trainee appraiser, (ii) develop a
22
real estate appraisal, (iii) practice as a real estate
23
appraiser,
or
(iv) advertise as a real estate appraiser
, or
24
(v) act as a data collector
without a license issued under this
25
Act. A person who violates this subsection is guilty of a Class

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1
A misdemeanor for a first offense and a Class 4 felony for any
2
subsequent offense.
3

(a-5) It is unlawful for a person, unless registered as an
4
appraisal management company, to solicit clients or enter into
5
an appraisal engagement with clients without either a
6
certified residential real estate appraiser license or a
7
certified general real estate appraiser license issued under
8
this Act. A person who violates this subsection is guilty of a
9
Class A misdemeanor for a first offense and a Class 4 felony
10
for any subsequent offense.
11

(b) It is unlawful for a person, other than a person who
12
holds a valid license issued pursuant to this Act as a State
13
certified general real estate appraiser, a State certified
14
residential real estate appraiser, or an associate real estate
15
trainee appraiser to use these titles or any other title,
16
designation, or abbreviation likely to create the impression
17
that the person is licensed as a real estate appraiser
18
pursuant to this Act. A person who violates this subsection is
19
guilty of a Class A misdemeanor for a first offense and a Class
20
4 felony for any subsequent offense.
21

(c) This Act does not apply to a person who holds a valid
22
license as a real estate broker or managing broker pursuant to
23
the Real Estate License Act of 2000 who prepares or provides a
24
broker price opinion or comparative market analysis in
25
compliance with Section 10-45 of the Real Estate License Act
26
of 2000.

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(d) Nothing in this Act shall preclude a State certified
2
general real estate appraiser, a State certified residential
3
real estate appraiser, or an associate real estate trainee
4
appraiser from rendering appraisals for or on behalf of a
5
partnership, association, corporation, firm, or group.
6
However, no State appraisal license or certification shall be
7
issued under this Act to a partnership, association,
8
corporation, firm, or group.
9

(e) This Act does not apply to a county assessor, township
10
assessor, multi-township assessor, county supervisor of
11
assessments, or any deputy or employee of any county assessor,
12
township assessor, multi-township assessor, or county
13
supervisor of assessments in performance of respective duties
14
in accordance with the provisions of the Property Tax Code.
15

(e-5) For the purposes of this Act, valuation waivers may
16
be prepared by a licensed appraiser notwithstanding any other
17
provision of this Act, and the following types of valuations
18
are not appraisals and may not be represented to be
19
appraisals, and a license is not required under this Act to
20
perform such valuations if the valuations are performed by (1)
21
an employee of the Illinois Department of Transportation who
22
has completed a minimum of 45 hours of course work in real
23
estate appraisal, including the principles of real estate
24
appraisals, appraisal of partial acquisitions, easement
25
valuation, reviewing appraisals in eminent domain, appraisal
26
for federal aid highway programs, and appraisal review for

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federal aid highway programs and has at least 2 years'
2
experience in a field closely related to real estate; (2) a
3
county engineer who is a registered professional engineer
4
under the Professional Engineering Practice Act of 1989; (3)
5
an employee of a municipality who has (i) completed a minimum
6
of 45 hours of coursework in real estate appraisal, including
7
the principles of real estate appraisals, appraisal of partial
8
acquisitions, easement valuation, reviewing appraisals in
9
eminent domain, appraisal for federal aid highway programs,
10
and appraisal review for federal aid highway programs and (ii)
11
has either 2 years' experience in a field clearly related to
12
real estate or has completed 20 hours of additional coursework
13
that is sufficient for a person to complete waiver valuations
14
as approved by the Federal Highway Administration; or (4) a
15
municipal engineer who has completed coursework that is
16
sufficient for waiver valuations to be approved by the Federal
17
Highway Administration and who is a registered professional
18
engineer under the Professional Engineering Act of 1989, under
19
the following circumstances:
20

(A) a valuation waiver in an amount not to exceed
21

$20,000 prepared pursuant to the federal Uniform
22

Relocation Assistance and Real Property Acquisition
23

Policies Act of 1970, or prepared pursuant to the federal
24

Uniform Relocation Assistance and Real Property
25

Acquisition for Federal and Federally-Assisted Programs
26

regulations and which is performed by (1) an employee of

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1

the Illinois Department of Transportation and co-signed,
2

with a license number affixed, by another employee of the
3

Illinois Department of Transportation who is a registered
4

professional engineer under the Professional Engineering
5

Practice Act of 1989 or (2) an employee of a municipality
6

and co-signed with a license number affixed by a county or
7

municipal engineer who is a registered professional
8

engineer under the Professional Engineering Practice Act
9

of 1989; and
10

(B) a valuation waiver in an amount not to exceed
11

$20,000 prepared pursuant to the federal Uniform
12

Relocation Assistance and Real Property Acquisition
13

Policies Act of 1970, or prepared pursuant to the federal
14

Uniform Relocation Assistance and Real Property
15

Acquisition for Federal and Federally-Assisted Programs
16

regulations and which is performed by a county or
17

municipal engineer who is employed by a county or
18

municipality and is a registered professional engineer
19

under the Professional Engineering Practice Act of 1989.
20

The valuation shall include the county or municipal
21

engineer's signature and license number.
22

Nothing in this subsection (e-5) shall be construed to
23
allow the State of Illinois, a political subdivision thereof,
24
or any public body to acquire real estate by eminent domain in
25
any manner other than provided for in the Eminent Domain Act.
26

(f) A State real estate appraisal certification or license

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1
is not required under this Act for any person, partnership,
2
association, or corporation that performs appraisals of
3
property owned by that person, partnership, association, or
4
corporation for the sole use of that person, partnership,
5
association, or corporation.
6

Any person who is certified or licensed under this Act and
7
who performs any of the activities set forth in this
8
subsection (f) must comply with the provisions of this Act. A
9
person who violates this subsection (f) is guilty of a Class A
10
misdemeanor for a first offense and a Class 4 felony for any
11
subsequent offense.
12

(g) This Act does not apply to an employee, officer,
13
director, or member of a credit or loan committee of a
14
financial institution or any other person engaged by a
15
financial institution when performing an evaluation of real
16
property for the sole use of the financial institution in a
17
transaction for which the financial institution would not be
18
required to use the services of a State licensed or State
19
certified appraiser pursuant to federal regulations adopted
20
under Title XI of the federal Financial Institutions Reform,
21
Recovery, and Enforcement Act of 1989.
22

(h) This Act does not apply to the procurement of an
23
automated valuation model.
24
(Source: P.A. 102-20, eff. 1-1-22
.)

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