SB3394 EngrossedLRB100 16083 SMS 31202 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Community Association Manager Licensing and
5Disciplinary Act is amended by changing Sections 40 and 42 as
6follows:
 
7    (225 ILCS 427/40)
8    (Section scheduled to be repealed on January 1, 2020)
9    Sec. 40. Qualifications for licensure as a community
10association manager.
11    (a) No person shall be qualified for licensure as a
12community association manager under this Act, unless he or she
13has applied in writing on the prescribed forms and has paid the
14required, nonrefundable fees and meets all of the following
15qualifications:
16        (1) He or she is at least 18 21 years of age.
17        (2) He or she provides satisfactory evidence of having
18    completed at least 20 classroom hours in community
19    association management courses approved by the Board.
20        (3) He or she has passed an examination authorized by
21    the Department.
22        (4) He or she has not committed an act or acts, in this
23    or any other jurisdiction, that would be a violation of

 

 

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1    this Act.
2        (5) He or she is of good moral character. In
3    determining moral character under this Section, the
4    Department may take into consideration whether the
5    applicant has engaged in conduct or activities that would
6    constitute grounds for discipline under this Act. Good
7    moral character is a continuing requirement of licensure.
8    Conviction of crimes may be used in determining moral
9    character, but shall not constitute an absolute bar to
10    licensure.
11        (6) He or she has not been declared by any court of
12    competent jurisdiction to be incompetent by reason of
13    mental or physical defect or disease, unless a court has
14    subsequently declared him or her to be competent.
15        (7) He or she complies with any additional
16    qualifications for licensure as determined by rule of the
17    Department.
18    (b) The education requirement set forth in item (2) of
19subsection (a) of this Section shall not apply to persons
20holding a real estate managing broker or real estate broker
21license in good standing issued under the Real Estate License
22Act of 2000.
23    (c) The examination and initial education requirement of
24items (2) and (3) of subsection (a) of this Section shall not
25apply to any person who within 6 months from the effective date
26of the requirement for licensure, as set forth in Section 170

 

 

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1of this Act, applies for a license by providing satisfactory
2evidence to the Department of qualifying experience or
3education, as may be set forth by rule, including without
4limitation evidence that he or she has practiced community
5association management for a period of 5 years.
6    (d) Applicants have 3 years from the date of application to
7complete the application process. If the process has not been
8completed within the 3 years, the application shall be denied,
9the fee shall be forfeited, and the applicant must reapply and
10meet the requirements in effect at the time of re-application.
11(Source: P.A. 98-365, eff. 1-1-14.)
 
12    (225 ILCS 427/42)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 42. Qualifications for licensure as a supervising
15community association manager.
16    (a) No person shall be qualified for licensure as a
17supervising community association manager under this Act
18unless he or she has applied in writing on the prescribed
19forms, has paid the required nonrefundable fees, and meets all
20of the following qualifications:
21        (1) He or she is at least 18 21 years of age.
22        (2) He or she has been licensed at least one out of the
23    last 2 preceding years as a community association manager.
24        (3) He or she provides satisfactory evidence of having
25    completed at least 30 classroom hours in community

 

 

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1    association management courses approved by the Board, 20
2    hours of which shall be those pre-license hours required to
3    obtain a community association manager license, and 10
4    additional hours completed the year immediately preceding
5    the filing of the application for a supervising community
6    association manager license, which shall focus on
7    community association administration, management, and
8    supervision.
9        (4) He or she has passed an examination authorized by
10    the Department.
11        (5) He or she has not committed an act or acts, in this
12    or any other jurisdiction, that would be a violation of
13    this Act.
14        (6) He or she is of good moral character. In
15    determining moral character under this Section, the
16    Department may take into consideration whether the
17    applicant has engaged in conduct or activities that would
18    constitute grounds for discipline under this Act. Good
19    moral character is a continuing requirement of licensure.
20    Conviction of crimes may be used in determining moral
21    character, but shall not constitute an absolute bar to
22    licensure.
23        (7) He or she has not been declared by any court of
24    competent jurisdiction to be incompetent by reason of
25    mental or physical defect or disease, unless a court has
26    subsequently declared him or her to be competent.

 

 

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1        (8) He or she complies with any additional
2    qualifications for licensure as determined by rule of the
3    Department.
4    (b) The initial 20-hour education requirement set forth in
5item (3) of subsection (a) of this Section shall not apply to
6persons holding a real estate managing broker or real estate
7broker license in good standing issued under the Real Estate
8License Act of 2000. The 10 additional hours required for
9licensure under this Section shall not apply to persons holding
10a real estate managing broker license in good standing issued
11under the Real Estate License Act of 2000.
12    (c) The examination and initial education requirement of
13items (3) and (4) of subsection (a) of this Section shall not
14apply to any person who, within 6 months after the effective
15date of the requirement for licensure, as set forth in Section
16170 of this Act, applies for a license by providing
17satisfactory evidence to the Department of qualifying
18experience or education, as may be set forth by rule, including
19without limitation, evidence that he or she has practiced
20community association management for a period of 7 years.
21    (d) Applicants have 3 years after the date of application
22to complete the application process. If the process has not
23been completed within the 3 years, the application shall be
24denied, the fee shall be forfeited, and the applicant must
25reapply and meet the requirements in effect at the time of
26re-application.

 

 

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1(Source: P.A. 98-365, eff. 1-1-14.)
 
2    Section 10. The Home Inspector License Act is amended by
3changing Section 5-10 as follows:
 
4    (225 ILCS 441/5-10)
5    (Section scheduled to be repealed on January 1, 2022)
6    Sec. 5-10. Application for home inspector license. Every
7natural person who desires to obtain a home inspector license
8shall:
9        (1) apply to the Department on forms prescribed by the
10    Department and accompanied by the required fee; all
11    applications shall contain the information that, in the
12    judgment of the Department, enables the Department to pass
13    on the qualifications of the applicant for a license to
14    practice as a home inspector as set by rule;
15        (2) be at least 18 21 years of age;
16        (3) provide evidence of having attained a high school
17    diploma or completed an equivalent course of study as
18    determined by an examination conducted by the Illinois
19    State Board of Education;
20        (4) personally take and pass an examination authorized
21    by the Department; and
22        (5) prior to taking the examination, provide evidence
23    to the Department that he or she has successfully completed
24    the prerequisite classroom hours of instruction in home

 

 

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1    inspection, as established by rule.
2    Applicants have 3 years after the date of the application
3to complete the application process. If the process has not
4been completed within 3 years, the application shall be denied,
5the fee forfeited, and the applicant must reapply and meet the
6requirements in effect at the time of reapplication.
7(Source: P.A. 97-226, eff. 7-28-11.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.