Full Text of HB1265 97th General Assembly
HB1265ham002 97TH GENERAL ASSEMBLY | Rep. Kenneth Dunkin Filed: 3/31/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1265
| 2 | | AMENDMENT NO. ______. Amend House Bill 1265 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Community Association Manager Licensing | 5 | | and Disciplinary Act is amended by changing Section 65 as | 6 | | follows: | 7 | | (225 ILCS 427/65)
| 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 65. Fees; Community Association Manager Licensing and | 10 | | Disciplinary Fund. | 11 | | (a) The fees for the administration and enforcement of this | 12 | | Act, including, but not limited to, initial licensure, renewal, | 13 | | and restoration, shall be set by rule of the Department. The | 14 | | fees shall be nonrefundable. | 15 | | (b) In addition to the application fee, applicants for the | 16 | | examination are required to pay, either to the Department or |
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| 1 | | the designated testing service, a fee covering the cost of | 2 | | determining an applicant's eligibility and providing the | 3 | | examination. Failure to appear for the examination on the | 4 | | scheduled date, at the time and place specified, after the | 5 | | applicant's application and fee for examination have been | 6 | | received and acknowledged by the Department or the designated | 7 | | testing service, shall result in the forfeiture of the fee. | 8 | | (c) To support the costs of administering this Act, all | 9 | | community associations that (i) are subject to this Act by | 10 | | having have 10 or more units , (ii) retain an individual to | 11 | | provide services as a community association manager for | 12 | | compensation, (iii) are not master associations under Section | 13 | | 18.5 of the Condominium Property Act or the Common Interest | 14 | | Community Association Act, and (iv) are registered in this | 15 | | State as not-for-profit corporations shall pay to the | 16 | | Department an annual fee of $50 plus an additional $1 per unit , | 17 | | but shall not exceed an annual fee of $1,000 for any community | 18 | | association . The Department may establish forms and promulgate | 19 | | any rules for the effective collection of such fees under this | 20 | | subsection (c). | 21 | | The Secretary of State shall collect the licensing fees | 22 | | from qualifying associations with an annual report required for | 23 | | not-for-profit corporations. Any qualifying not-for-profit | 24 | | corporation in this State that fails to pay in full to the | 25 | | Department all fees owed under this subsection (c) shall be | 26 | | subject to the penalties and procedures provided for under |
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| 1 | | Section 92 of this Act. | 2 | | (d) All fees, fines, penalties, or other monies received or | 3 | | collected pursuant to this Act shall be deposited in the | 4 | | Community Association Manager Licensing and Disciplinary Fund | 5 | | and shall not be subject to withdrawal or use for any purpose | 6 | | other than the administration of the Community Association | 7 | | Manager Licensing Program, including a fund to protect the | 8 | | financial interests of community associations .
| 9 | | (e) Four years after the date of the final adoption of | 10 | | rules under this Act, and every 2 years thereafter, the | 11 | | Secretary and the Board shall review the number of licenses and | 12 | | the amount collected from community associations and make any | 13 | | necessary adjustment of the fees for both licensees and | 14 | | community associations subject to this Act, as recommended by | 15 | | the Board, to equal the costs of administration for the | 16 | | licensing program. Following the completion of the initial and | 17 | | all subsequent fee adjustments, prospective and current | 18 | | community association manager licensees and community | 19 | | associations subject to this Act shall share the administration | 20 | | costs as recommended by the Board and determined by the | 21 | | Department. | 22 | | (f) On or before December 31, 2014, the Department shall | 23 | | prepare a
report that shall be filed with the General Assembly | 24 | | and that shall be made publicly available. The report shall | 25 | | examine all of the
Department's costs to enforce the provisions | 26 | | of this Act and shall include, but not be limited to, the |
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| 1 | | following information: | 2 | | (1) the total number of licenses issued under this Act; | 3 | | (2) a description of the fees that were generated by | 4 | | the Department in enforcing this Act; | 5 | | (3) a description of the Department's costs in | 6 | | administering and
enforcing this Act; and | 7 | | (4) a description of the enforcement actions taken by | 8 | | the Department under this Act. | 9 | | (Source: P.A. 96-726, eff. 7-1-10 .)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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