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 Bill Status of HB4204  98th General Assembly


Short Description:  CONDOMINIUM OMBUDSPERSON ACT

House Sponsors
Rep. Elaine Nekritz - Sara Feigenholtz

Senate Sponsors
(Sen. Heather A. Steans )

Last Action
DateChamber Action
  12/29/2014HousePublic Act . . . . . . . . . 98-1135

Statutes Amended In Order of Appearance
New Act
30 ILCS 105/5.855 new


Synopsis As Introduced
Creates the Condominium Ombudsperson Act and amends the State Finance Act. Contains legislative findings and defines terms. Within and under the control of the office of the Attorney General, creates the Office of the Condominium Ombudsperson. Provides that the Ombudsperson shall offer training and educational materials and courses to condominium unit owners, condominium associations, and boards of managers in subjects relevant to the operation and management of condominium property and the rights and duties of a unit owner or unit owners' association. Requires the Ombudsperson to maintain a statewide toll-free telephone number, maintain certain information on the Attorney General's website, and provide information or assistance on matters relating to condominium property. Requires the Attorney General, based upon Ombudsperson recommendations, to report annually to the General Assembly. Provides that every condominium unit owners' association shall pay an annual fee to the Ombudsperson to cover the administration of the Act. Creates the Condominium Ombudsperson Fund as a special fund in the State treasury, to consist of fees received by the Ombudsperson, to be used exclusively for expenditures necessary for the proper administration of the Act. Repeals the Act on July 1, 2017. Effective July 1, 2014.

House Floor Amendment No. 1
Adds reference to:
765 ILCS 605/35 new
765 ILCS 160/1-90 new

Replaces everything after the enacting clause. Creates the Condominium and Common Interest Community Ombudsperson Act. Contains applicability language and legislative findings. Defines terms. Creates the Office of the Condominium and Community Interest Community Ombudsperson within the Department of Financial and Professional Regulation, Division of Professional Regulation. Add provisions concerning: duties of the Ombudsperson; written policies for resolving complaints; requests for assistance; registration requirements; confidentiality; reporting requirements; fees; and penalties for noncompliance. Contains a provision regarding immunity under the State Lawsuit Immunity Act. Repeals the Act on July 1, 2020. Makes corresponding changes in the State Finance Act, the Condominium Property Act, and the Common Interest Community Association Act. Effective July 1, 2015.

Senate Committee Amendment No. 2
Deletes reference to:
30 ILCS 105/5.855 new

Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: (1) deletes language providing that the Ombudsperson may charge a fee for training, educational materials, and courses; (2) deletes language providing that the Office may establish a fee by rule for the purchase of printed materials; (3) deletes Sections concerning fees, the Condominium and Common Interest Community Ombudsperson Fund, and returned checks and fines; (4) removes changes to the State Finance Act; (5) provides that the initial registration deadline is one year (instead of 180 days) after the effective date, or at such time as the Department of Financial and Professional Regulation has adopted rules and forms for registration, whichever is later; (6) makes changes in a Section concerning lien enforcement restrictions upon an association for failure to register; (7) moves all deadlines and repealers back one year; and (8) changes the effective date to July 1, 2016.

Actions 
DateChamber Action
  1/13/2014HouseFiled with the Clerk by Rep. Elaine Nekritz
  1/15/2014HouseFirst Reading
  1/15/2014HouseReferred to Rules Committee
  1/21/2014HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz
  1/28/2014HouseAssigned to Judiciary
  3/20/2014HouseDo Pass / Short Debate Judiciary; 016-000-000
  3/20/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/20/2014HouseAdded Chief Co-Sponsor Rep. Sam Yingling
  3/21/2014HouseRemove Chief Co-Sponsor Rep. Sam Yingling
  4/8/2014HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
  4/8/2014HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/9/2014HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary
  4/9/2014HouseSecond Reading - Short Debate
  4/9/2014HouseHeld on Calendar Order of Second Reading - Short Debate
  4/9/2014HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary; 016-000-000
  4/10/2014HouseHouse Floor Amendment No. 1 Adopted
  4/10/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2014HouseThird Reading - Consideration Postponed
  4/10/2014HousePlaced on Calendar - Consideration Postponed
  4/10/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2014HouseThird Reading - Short Debate - Passed 060-038-000
  4/11/2014SenateArrive in Senate
  4/11/2014SenatePlaced on Calendar Order of First Reading
  4/16/2014SenateChief Senate Sponsor Sen. Julie A. Morrison
  4/22/2014SenateFirst Reading
  4/22/2014SenateReferred to Assignments
  5/1/2014SenateAssigned to Judiciary
  5/13/2014SenatePostponed - Judiciary
  5/16/2014SenateRule 3-9(a) / Re-referred to Assignments
  11/13/2014SenateRe-assigned to Judiciary
  11/14/2014SenateAlternate Chief Sponsor Changed to Sen. Heather A. Steans
  11/18/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Heather A. Steans
  11/18/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  11/19/2014SenateRule 2-10 Committee/3rd Reading Deadline Established As December 4, 2014
  11/19/2014SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Heather A. Steans
  11/19/2014SenateSenate Committee Amendment No. 2 Referred to Assignments
  11/19/2014SenateSenate Committee Amendment No. 2 Assignments Refers to Judiciary
  11/19/2014SenateSenate Committee Amendment No. 2 Adopted
  11/19/2014SenateDo Pass as Amended Judiciary; 008-002-001
  11/19/2014SenatePlaced on Calendar Order of 2nd Reading
  11/19/2014SenateSecond Reading
  11/19/2014SenatePlaced on Calendar Order of 3rd Reading November 20, 2014
  11/20/2014SenateThird Reading - Passed; 044-009-001
  11/20/2014SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  11/20/2014HouseArrived in House
  11/20/2014HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 2
  12/1/2014HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Elaine Nekritz
  12/1/2014HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  12/1/2014HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Rules Committee; 003-000-000
  12/3/2014HouseSenate Committee Amendment No. 2 House Concurs 109-004-000
  12/3/2014HouseHouse Concurs
  12/3/2014HousePassed Both Houses
  12/29/2014HouseSent to the Governor
  12/29/2014HouseGovernor Approved
  12/29/2014HouseEffective Date July 1, 2016
  12/29/2014HousePublic Act . . . . . . . . . 98-1135

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