Full Text of SB1818 100th General Assembly
SB1818sam001 100TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1818
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1818 by replacing | 3 | | everything after the enacting clause:
| 4 | | "Section 5. The Community Association Manager Licensing | 5 | | and Disciplinary Act is amended by changing Sections 5, 10, 15, | 6 | | 20, 32, 55, 60, 70, 75, 85, 90, 92, 95, 155, and 165 as follows: | 7 | | (225 ILCS 427/5)
| 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 5. Legislative intent. It is the intent of the General | 10 | | Assembly that this Act provide for the licensing and regulation | 11 | | of community association managers and community association | 12 | | management firms , ensure that those who hold themselves out as | 13 | | possessing professional qualifications to engage in the | 14 | | business of community association management are, in fact, | 15 | | qualified to render management services of a professional | 16 | | nature, and provide for the maintenance of high standards of |
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| 1 | | professional conduct by those licensed to provide community | 2 | | association management services.
| 3 | | (Source: P.A. 98-365, eff. 1-1-14.) | 4 | | (225 ILCS 427/10)
| 5 | | (Section scheduled to be repealed on January 1, 2020) | 6 | | Sec. 10. Definitions. As used in this Act: | 7 | | "Address of record" means the designated address recorded | 8 | | by the Department in the applicant's or licensee's application | 9 | | file or license file maintained by the Department's licensure | 10 | | maintenance unit. It is the duty of the applicant or licensee | 11 | | to inform the Department of any change of address, and such | 12 | | changes must be made either through the Department's website or | 13 | | by contacting the Department's licensure maintenance unit. | 14 | | "Advertise" means, but is not limited to, issuing or | 15 | | causing to be distributed any card, sign or device to any | 16 | | person; or causing, permitting or allowing any sign or marking | 17 | | on or in any building, structure, newspaper, magazine or | 18 | | directory, or on radio or television; or advertising by any | 19 | | other means designed to secure public attention. | 20 | | "Board" means the Illinois Community Association Manager | 21 | | Licensing and Disciplinary Board. | 22 | | "Community association" means an association in which | 23 | | membership is a condition of ownership or shareholder interest | 24 | | of a unit in a condominium, cooperative, townhouse, villa, or | 25 | | other residential unit which is part of a residential |
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| 1 | | development plan and that is authorized to impose an | 2 | | assessment, rents, or other costs that may become a lien on the | 3 | | unit or lot. | 4 | | "Community association funds" means any assessments, fees, | 5 | | fines, or other funds collected by the community association | 6 | | manager from the community association, or its members, other | 7 | | than the compensation paid to the community association manager | 8 | | for performance of community association management services. | 9 | | "Community association management firm" means a company, | 10 | | corporation, limited liability company, or other entity that | 11 | | engages in community association management services. | 12 | | "Community association management services" means those | 13 | | services listed in the definition of community association | 14 | | manager in this Section. | 15 | | "Community association manager" means an individual who | 16 | | administers for remuneration the financial, administrative, | 17 | | maintenance, or other duties for the community association, | 18 | | including the following services: (A) collecting, controlling | 19 | | or disbursing funds of the community association or having the | 20 | | authority to do so; (B) preparing budgets or other financial | 21 | | documents for the community association; (C) assisting in the | 22 | | conduct of community association meetings; (D) maintaining | 23 | | association records; and (E) administrating association | 24 | | contracts, as stated in the declaration, bylaws, proprietary | 25 | | lease, declaration of covenants, or other governing document of | 26 | | the community association. "Community association manager" |
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| 1 | | does not mean support staff, including, but not limited to | 2 | | bookkeepers, administrative assistants, secretaries, property | 3 | | inspectors, or customer service representatives. | 4 | | "Department" means the Department of Financial and | 5 | | Professional Regulation. | 6 | | "License" means the license issued to a person , | 7 | | corporation, partnership, limited liability company, or other | 8 | | legal entity under this Act to provide community association | 9 | | management services. | 10 | | "Person" means an any individual , corporation, | 11 | | partnership, limited liability company, or other legal entity . | 12 | | "Secretary" means the Secretary of Financial and | 13 | | Professional Regulation.
| 14 | | "Supervising community association manager" means an | 15 | | individual licensed as a community association manager who | 16 | | manages and supervises a firm. | 17 | | (Source: P.A. 98-365, eff. 1-1-14; revised 10-27-16.) | 18 | | (225 ILCS 427/15)
| 19 | | (Section scheduled to be repealed on January 1, 2020) | 20 | | Sec. 15. License required. It shall be unlawful for any | 21 | | person , corporation, partnership, limited liability company, | 22 | | or other entity to provide community association management | 23 | | services, provide services as a community association manager, | 24 | | or hold himself or , herself , or itself out as a community | 25 | | association manager or community association management firm |
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| 1 | | to any community association in this State, unless he or , she , | 2 | | or it holds a current and valid license issued licensed by the | 3 | | Department or is otherwise exempt from licensure under this | 4 | | Act.
| 5 | | (Source: P.A. 98-365, eff. 1-1-14.) | 6 | | (225 ILCS 427/20)
| 7 | | (Section scheduled to be repealed on January 1, 2020) | 8 | | Sec. 20. Exemptions. | 9 | | (a) The requirement for holding a license under this Act | 10 | | shall not apply to any of the following: | 11 | | (1) Any director, officer, or member of a community | 12 | | association providing one or more of the services of a | 13 | | community association manager to a community association | 14 | | without compensation for such services to the association. | 15 | | (2) Any person , corporation, partnership, or limited | 16 | | liability company providing one or more of the services of | 17 | | a community association manager to a community association | 18 | | of 10 units or less. | 19 | | (3) A licensed attorney acting solely as an incident to
| 20 | | the practice of law. | 21 | | (4) A person acting as a receiver, trustee in | 22 | | bankruptcy, administrator, executor, or guardian acting | 23 | | under a court order or under the authority of a will or of | 24 | | a trust instrument. | 25 | | (5) A person licensed in this State under any other Act |
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| 1 | | from engaging the practice for which he or she is licensed. | 2 | | (b) A licensed community association manager may not | 3 | | perform or engage in any activities for which a real estate | 4 | | managing broker or real estate broker's license is required | 5 | | under
the Real Estate License Act of 2000, unless he or she | 6 | | also possesses a current and valid license under the Real | 7 | | Estate License Act of 2000 and is providing those services as | 8 | | provided for in the Real Estate License Act of 2000 and the | 9 | | applicable rules.
| 10 | | (c) A person may temporarily act as, or provide services | 11 | | as, a community association manager without being licensed | 12 | | under this Act if the person (i) is a community association | 13 | | manager regulated under the laws of another state or territory | 14 | | of the United States or another country and (ii) has applied in | 15 | | writing to the Department, on forms prepared and furnished by | 16 | | the Department, for licensure under this Act. This temporary | 17 | | right to act as a community association manager shall expire 6 | 18 | | months after the filing of his or her written application to | 19 | | the Department; upon the withdrawal of the application for | 20 | | licensure under this Act; or upon delivery of a notice of | 21 | | intent to deny the application from the Department; or upon the | 22 | | denial of the application by the Department, whichever occurs | 23 | | first.
| 24 | | (Source: P.A. 98-365, eff. 1-1-14.) | 25 | | (225 ILCS 427/32)
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| 1 | | (Section scheduled to be repealed on January 1, 2020) | 2 | | Sec. 32. Social Security Number or Federal Tax | 3 | | Identification Number on license application. In addition to | 4 | | any other information required to be contained in the | 5 | | application, every application for an original license under | 6 | | this Act shall include the applicant's Social Security Number | 7 | | or Federal Tax Identification Number , which shall be retained | 8 | | in the Department's records pertaining to the license. As soon | 9 | | as practical, the Department shall assign a customer's | 10 | | identification number to each applicant for a license. | 11 | | Every application for a renewal or restored license shall | 12 | | require the applicant's customer identification number.
| 13 | | (Source: P.A. 97-400, eff. 1-1-12; 98-365, eff. 1-1-14.) | 14 | | (225 ILCS 427/55)
| 15 | | (Section scheduled to be repealed on January 1, 2020) | 16 | | Sec. 55. Fidelity insurance; segregation of accounts. | 17 | | (a) A The supervising community association manager or the | 18 | | community association management firm with which he or she is | 19 | | employed shall not have access to and disburse community | 20 | | association funds unless each of the following conditions | 21 | | occur: | 22 | | (1) There is fidelity insurance in place to insure | 23 | | against loss for theft of community association funds. | 24 | | (2) The fidelity insurance is not less than all moneys | 25 | | under the control of the supervising community association |
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| 1 | | manager or the employing community association management | 2 | | firm for the association. | 3 | | (3) The fidelity insurance covers the community | 4 | | association manager, supervising community association | 5 | | manager, and all partners, officers, and employees of the | 6 | | community association management firm during the term of | 7 | | the insurance coverage, which shall be at least for the | 8 | | same term as the service agreement between the community | 9 | | association management firm or supervising community | 10 | | association manager as well as the community association | 11 | | officers, directors, and employees. | 12 | | (4) The insurance company issuing the fidelity | 13 | | insurance may not cancel or refuse to renew the bond | 14 | | without giving at least 10 days' prior written notice. | 15 | | (5) Unless an agreement between the community | 16 | | association and the supervising community association | 17 | | manager or the community association management firm | 18 | | provides to the contrary, a community association may | 19 | | secure and pay for the fidelity insurance required by this | 20 | | Section. The supervising community association manager or | 21 | | the community association management firm must be named as | 22 | | additional insured parties on the community association | 23 | | policy. | 24 | | (b) A community association management firm that provides | 25 | | community association management services for more than one | 26 | | community association shall maintain separate, segregated |
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| 1 | | accounts for each community association or, with the consent of | 2 | | the community association, combine the accounts of one or more | 3 | | community associations, but in that event, separately account | 4 | | for the funds of each community association. The funds shall | 5 | | not, in any event, be commingled with the supervising community | 6 | | association manager's or community association management | 7 | | firm's funds. The maintenance of such accounts shall be | 8 | | custodial, and such accounts shall be in the name of the | 9 | | respective community association or community association | 10 | | manager or community association management firm Community | 11 | | Association Management Agency as the agent for the association. | 12 | | (c) The supervising community association manager or | 13 | | community association management firm shall obtain the | 14 | | appropriate general liability and errors and omissions | 15 | | insurance, as determined by the Department, to cover any losses | 16 | | or claims against the supervising community association | 17 | | manager or the community association management firm. | 18 | | (d) The Department shall have authority to promulgate | 19 | | additional rules regarding insurance, fidelity insurance and | 20 | | all accounts maintained and to be maintained by a supervising | 21 | | community association manager or community association | 22 | | management firm.
| 23 | | (Source: P.A. 98-365, eff. 1-1-14.) | 24 | | (225 ILCS 427/60)
| 25 | | (Section scheduled to be repealed on January 1, 2020) |
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| 1 | | Sec. 60. Licenses; renewals; restoration; person in | 2 | | military service. | 3 | | (a) The expiration date and renewal period for each license | 4 | | issued under this Act shall be set by rule. The Department may | 5 | | promulgate rules requiring continuing education and set all | 6 | | necessary requirements for such, including but not limited to | 7 | | fees, approved coursework, number of hours, and waivers of | 8 | | continuing education. | 9 | | (b) Any licensee who has permitted his or , her , or its | 10 | | license to expire may have the license restored by making | 11 | | application to the Department and filing proof acceptable to | 12 | | the Department of fitness to have his or , her , or its license | 13 | | restored, by which may include sworn evidence certifying to | 14 | | active practice in another jurisdiction satisfactory to the | 15 | | Department, complying with any continuing education | 16 | | requirements, and paying the required restoration fee. | 17 | | (c) If the person has not maintained an active practice in | 18 | | another jurisdiction satisfactory to the Department, the | 19 | | Department shall determine, by an evaluation program | 20 | | established by rule, the person's fitness to resume active | 21 | | status and may require the person to complete a period of | 22 | | evaluated clinical experience and successful completion of a | 23 | | practical examination.
However, any person whose license | 24 | | expired while (i) in federal service on active duty with the | 25 | | Armed Forces of the United States or called into service or | 26 | | training with the State Militia or (ii) in training or |
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| 1 | | education under the supervision of the United States | 2 | | preliminary to induction into the military service may have his | 3 | | or her license renewed or restored without paying any lapsed | 4 | | renewal fees if, within 2 years after honorable termination of | 5 | | the service, training or education, except under condition | 6 | | other than honorable, he or she furnishes the Department with | 7 | | satisfactory evidence to the effect that he or she has been so | 8 | | engaged and that the service, training, or education has been | 9 | | so terminated. | 10 | | (d) A community association manager , community association | 11 | | management firm or supervising community association manager | 12 | | who notifies the Department, in writing on forms prescribed by | 13 | | the Department, may place his or , her , or its license on | 14 | | inactive status and shall be excused from the payment of | 15 | | renewal fees until the person notifies the Department in | 16 | | writing of the intention to resume active practice. | 17 | | (e) A community association manager , community association | 18 | | management firm, or supervising community association manager | 19 | | requesting his or , her , or its license be changed from inactive | 20 | | to active status shall be required to pay the current renewal | 21 | | fee and shall also demonstrate compliance with the continuing | 22 | | education requirements. | 23 | | (f) Any licensee with a nonrenewed or on inactive license | 24 | | status shall not provide community association management | 25 | | services as set forth in this Act. | 26 | | (g) Any person violating subsection (f) of this Section |
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| 1 | | shall be considered to be practicing without a license and will | 2 | | be subject to the disciplinary provisions of this Act.
| 3 | | (Source: P.A. 98-365, eff. 1-1-14.) | 4 | | (225 ILCS 427/70)
| 5 | | (Section scheduled to be repealed on January 1, 2020) | 6 | | Sec. 70. Penalty for insufficient funds; payments. Any | 7 | | person who delivers a check or other payment to the Department | 8 | | that is returned to the Department unpaid by the financial | 9 | | institution upon which it is drawn shall pay to the Department, | 10 | | in addition to the amount already owed to the Department, a | 11 | | fine of $50. The Department shall notify the person that | 12 | | payment of fees and fines shall be paid to the Department by | 13 | | certified check or money order within 30 calendar days after | 14 | | notification. If, after the expiration of 30 days from the date | 15 | | of the notification, the person has failed to submit the | 16 | | necessary remittance, the Department shall automatically | 17 | | terminate the license or deny the application, without hearing. | 18 | | If, after termination or denial, the person seeks a license, he | 19 | | or , she , or it shall apply to the Department for restoration or | 20 | | issuance of the license and pay all fees and fines due to the | 21 | | Department. The Department may establish a fee for the | 22 | | processing of an application for restoration of a license to | 23 | | pay all expenses of processing this application. The Secretary | 24 | | may waive the fines due under this Section in individual cases | 25 | | where the Secretary finds that the fines would be unreasonable |
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| 1 | | or unnecessarily burdensome.
| 2 | | (Source: P.A. 98-365, eff. 1-1-14.) | 3 | | (225 ILCS 427/75)
| 4 | | (Section scheduled to be repealed on January 1, 2020) | 5 | | Sec. 75. Endorsement. The Department may issue a community | 6 | | association manager or supervising community association | 7 | | manager license, without the required examination, to an | 8 | | applicant licensed under the laws of another state if the | 9 | | requirements for licensure in that state are, on the date of | 10 | | licensure, substantially equal to the requirements of this Act | 11 | | or to a person who, at the time of his or her application for | 12 | | licensure, possessed individual qualifications that were | 13 | | substantially equivalent to the requirements then in force in | 14 | | this State. An applicant under this Section shall pay all of | 15 | | the required fees. | 16 | | Applicants have 3 years from the date of application to | 17 | | complete the application process. If the process has not been | 18 | | completed within the 3 years, the application shall be denied, | 19 | | the fee shall be forfeited, and the applicant must reapply and | 20 | | meet the requirements in effect at the time of reapplication.
| 21 | | (Source: P.A. 98-365, eff. 1-1-14.) | 22 | | (225 ILCS 427/85)
| 23 | | (Section scheduled to be repealed on January 1, 2020) | 24 | | Sec. 85. Grounds for discipline; refusal, revocation, or |
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| 1 | | suspension. | 2 | | (a) The Department may refuse to issue or renew a license, | 3 | | or may place on probation, reprimand, suspend, or revoke any | 4 | | license, or take any other disciplinary or non-disciplinary | 5 | | action as the Department may deem proper and impose a fine not | 6 | | to exceed $10,000 for each violation upon any licensee or | 7 | | applicant under this Act or any person or entity who holds | 8 | | himself or , herself , or itself out as an applicant or licensee | 9 | | for any one or combination of the following causes: | 10 | | (1) Material misstatement in furnishing information to | 11 | | the Department. | 12 | | (2) Violations of this Act or its rules. | 13 | | (3) Conviction of or entry of a plea of guilty or plea | 14 | | of nolo contendere to a felony or a misdemeanor under the | 15 | | laws of the United States, any state, or any other | 16 | | jurisdiction or entry of an administrative sanction by a | 17 | | government agency in this State or any other jurisdiction. | 18 | | Action taken under this paragraph (3) for a misdemeanor or | 19 | | an administrative sanction is limited to a misdemeanor or | 20 | | administrative sanction that has as an essential element | 21 | | dishonesty or fraud, that involves larceny, embezzlement, | 22 | | or obtaining money, property, or credit by false pretenses | 23 | | or by means of a confidence game, or that is directly | 24 | | related to the practice of the profession. | 25 | | (4) Making any misrepresentation for the purpose of | 26 | | obtaining a license or violating any provision of this Act |
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| 1 | | or its rules. | 2 | | (5) Professional incompetence. | 3 | | (6) Gross negligence. | 4 | | (7) Aiding or assisting another person in violating any | 5 | | provision of this Act or its rules. | 6 | | (8) Failing, within 30 days, to provide information in | 7 | | response to a request made by the Department. | 8 | | (9) Engaging in dishonorable, unethical, or | 9 | | unprofessional conduct of a character likely to deceive, | 10 | | defraud or harm the public as defined by the rules of the | 11 | | Department, or violating the rules of professional conduct | 12 | | adopted by the Department. | 13 | | (10) Habitual or excessive use or addiction to alcohol, | 14 | | narcotics, stimulants, or any other chemical agent or drug | 15 | | that results in the inability to practice with reasonable | 16 | | judgment, skill, or safety. | 17 | | (11) Having been disciplined by another state, the | 18 | | District of Columbia, a territory, a foreign nation, or a | 19 | | governmental agency authorized to impose discipline if at | 20 | | least one of the grounds for the discipline is the same or | 21 | | substantially equivalent of one of the grounds for which a | 22 | | licensee may be disciplined under this Act. A certified | 23 | | copy of the record of the action by the other state or | 24 | | jurisdiction shall be prima facie evidence thereof. | 25 | | (12) Directly or indirectly giving to or receiving from | 26 | | any person, firm, corporation, partnership or association |
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| 1 | | any fee, commission, rebate, or other form of compensation | 2 | | for any professional services not actually or personally | 3 | | rendered. | 4 | | (13) A finding by the Department that the licensee, | 5 | | after having his or , her , or its license placed on | 6 | | probationary status, has violated the terms of probation. | 7 | | (14) Willfully making or filing false records or | 8 | | reports relating to a licensee's practice, including but | 9 | | not limited to false records filed with any State or | 10 | | federal agencies or departments. | 11 | | (15) Being named as a perpetrator in an indicated | 12 | | report by the Department of Children and Family Services | 13 | | under the Abused and Neglected Child Reporting Act and upon | 14 | | proof by clear and convincing evidence that the licensee | 15 | | has caused a child to be an abused child or neglected child | 16 | | as defined in the Abused and Neglected Child Reporting Act. | 17 | | (16) Physical illness or mental illness or impairment, | 18 | | including, but not limited to, deterioration through the | 19 | | aging process or loss of motor skill that results in the | 20 | | inability to practice the profession with reasonable | 21 | | judgment, skill, or safety. | 22 | | (17) Solicitation of professional services by using | 23 | | false or misleading advertising. | 24 | | (18) A finding that licensure has been applied for or | 25 | | obtained by fraudulent means. | 26 | | (19) Practicing or attempting to practice under a name |
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| 1 | | other than the full name as shown on the license or any | 2 | | other legally authorized name. | 3 | | (20) Gross overcharging for professional services | 4 | | including, but not limited to, (i) collection of fees or | 5 | | moneys for services that are not rendered; and (ii) | 6 | | charging for services that are not in accordance with the | 7 | | contract between the licensee and the community | 8 | | association. | 9 | | (21) Improper commingling of personal and client funds | 10 | | in violation of this Act or any rules promulgated thereto. | 11 | | (22) Failing to account for or remit any moneys or | 12 | | documents coming into the licensee's possession that | 13 | | belong to another person or entity. | 14 | | (23) Giving differential treatment to a person that is | 15 | | to that person's detriment because of race, color, creed, | 16 | | sex, religion, or national origin. | 17 | | (24) Performing and charging for services without | 18 | | reasonable authorization to do so from the person or entity | 19 | | for whom service is being provided. | 20 | | (25) Failing to make available to the Department, upon | 21 | | request, any books, records, or forms required by this Act. | 22 | | (26) (Blank). Purporting to be a supervising community | 23 | | association manager of a firm without active participation | 24 | | in the firm. | 25 | | (27) Failing to make available to the Department at the | 26 | | time of the request any indicia of licensure or |
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| 1 | | registration issued under this Act. | 2 | | (28) Failing to maintain and deposit funds belonging to | 3 | | a community association in accordance with subsection (b) | 4 | | of Section 55 of this Act. | 5 | | (29) Violating the terms of a disciplinary order issued | 6 | | by the Department. | 7 | | (b) In accordance with subdivision (a)(5) of Section | 8 | | 2105-15 of the Department of Professional Regulation Law of the | 9 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15), | 10 | | the Department shall deny a license or renewal authorized by | 11 | | this Act to a person who has defaulted on an educational loan | 12 | | or scholarship provided or guaranteed by the Illinois Student | 13 | | Assistance Commission or any governmental agency of this State. | 14 | | (c) The determination by a circuit court that a licensee is | 15 | | subject to involuntary admission or judicial admission, as | 16 | | provided in the Mental Health and Developmental Disabilities | 17 | | Code, operates as an automatic suspension. The suspension will | 18 | | terminate only upon a finding by a court that the patient is no | 19 | | longer subject to involuntary admission or judicial admission | 20 | | and the issuance of an order so finding and discharging the | 21 | | patient, and upon the recommendation of the Board to the | 22 | | Secretary that the licensee be allowed to resume his or her | 23 | | practice as a licensed community association manager. | 24 | | (d) In accordance with subsection (g) of Section 2105-15 of | 25 | | the Department of Professional Regulation Law of the Civil | 26 | | Administrative Code of Illinois (20 ILCS 2105/2105-15), the |
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| 1 | | Department may refuse to issue or renew or may suspend the | 2 | | license of any person who fails to file a return, to pay the | 3 | | tax, penalty, or interest shown in a filed return, or to pay | 4 | | any final assessment of tax, penalty, or interest, as required | 5 | | by any tax Act administered by the Department of Revenue, until | 6 | | such time as the requirements of that tax Act are satisfied.
| 7 | | (e) In accordance with subdivision (a)(5) of Section | 8 | | 2105-15 of the Department of Professional Regulation Law of the | 9 | | Civil Administrative Code of Illinois (20 ILCS 2105/2105-15) | 10 | | and in cases where the Department of Healthcare and Family | 11 | | Services (formerly Department of Public Aid) has previously | 12 | | determined that a licensee or a potential licensee is more than | 13 | | 30 days delinquent in the payment of child support and has | 14 | | subsequently certified the delinquency to the Department may | 15 | | refuse to issue or renew or may revoke or suspend that person's | 16 | | license or may take other disciplinary action against that | 17 | | person based solely upon the certification of delinquency made | 18 | | by the Department of Healthcare and Family Services. | 19 | | (f) In enforcing this Section, the Department or Board upon | 20 | | a showing of a possible violation may compel a licensee or an | 21 | | individual licensed to practice under this Act, or who has | 22 | | applied for licensure under this Act, to submit to a mental or | 23 | | physical examination, or both, as required by and at the | 24 | | expense of the Department. The Department or Board may order | 25 | | the examining physician to present testimony concerning the | 26 | | mental or physical examination of the licensee or applicant. No |
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| 1 | | information shall be excluded by reason of any common law or | 2 | | statutory privilege relating to communications between the | 3 | | licensee or applicant and the examining physician. The | 4 | | examining physicians shall be specifically designated by the | 5 | | Board or Department. The individual to be examined may have, at | 6 | | his or her own expense, another physician of his or her choice | 7 | | present during all aspects of this examination. Failure of an | 8 | | individual to submit to a mental or physical examination, when | 9 | | directed, shall be grounds for suspension of his or her license | 10 | | or denial of his or her application or renewal until the | 11 | | individual submits to the examination if the Department finds, | 12 | | after notice and hearing, that the refusal to submit to the | 13 | | examination was without reasonable cause.
| 14 | | If the Department or Board finds an individual unable to | 15 | | practice because of the reasons set forth in this Section, the | 16 | | Department or Board may require that individual to submit to | 17 | | care, counseling, or treatment by physicians approved or | 18 | | designated by the Department or Board, as a condition, term, or | 19 | | restriction for continued, reinstated, or renewed licensure to | 20 | | practice; or, in lieu of care, counseling, or treatment, the | 21 | | Department may file, or the Board may recommend to the | 22 | | Department to file, a complaint to immediately suspend, revoke, | 23 | | deny, or otherwise discipline the license of the individual. An | 24 | | individual whose license was granted, continued, reinstated, | 25 | | renewed, disciplined or supervised subject to such terms, | 26 | | conditions, or restrictions, and who fails to comply with such |
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| 1 | | terms, conditions, or restrictions, shall be referred to the | 2 | | Secretary for a determination as to whether the individual | 3 | | shall have his or her license suspended immediately, pending a | 4 | | hearing by the Department. | 5 | | In instances in which the Secretary immediately suspends a | 6 | | person's license under this Section, a hearing on that person's | 7 | | license must be convened by the Department within 30 days after | 8 | | the suspension and completed without appreciable delay. The | 9 | | Department and Board shall have the authority to review the | 10 | | subject individual's record of treatment and counseling | 11 | | regarding the impairment to the extent permitted by applicable | 12 | | federal statutes and regulations safeguarding the | 13 | | confidentiality of medical records. | 14 | | An individual licensed under this Act and affected under | 15 | | this Section shall be afforded an opportunity to demonstrate to | 16 | | the Department or Board that he or she can resume practice in | 17 | | compliance with acceptable and prevailing standards under the | 18 | | provisions of his or her license.
| 19 | | (Source: P.A. 97-333, eff. 8-12-11; 98-365, eff. 1-1-14; | 20 | | 98-756, eff. 7-16-14.) | 21 | | (225 ILCS 427/90)
| 22 | | (Section scheduled to be repealed on January 1, 2020) | 23 | | Sec. 90. Violations; injunctions; cease and desist orders. | 24 | | (a) If any person violates a provision of this Act, the | 25 | | Secretary may, in the name of the People of the State of |
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| 1 | | Illinois, through the Attorney General of the State of | 2 | | Illinois, petition for an order enjoining the violation or for | 3 | | an order enforcing compliance with this Act. Upon the filing of | 4 | | a verified petition in court, the court may issue a temporary | 5 | | restraining order, without notice or bond, and may | 6 | | preliminarily and permanently enjoin the violation. If it is | 7 | | established that the person has violated or is violating the | 8 | | injunction, the Court may punish the offender for contempt of | 9 | | court. Proceedings under this Section are in addition to, and | 10 | | not in lieu of, all other remedies and penalties provided by | 11 | | this Act. | 12 | | (b) If any person provides , entity or other business may | 13 | | provide community association management services or provides | 14 | | provide services as community association manager to any | 15 | | community association in this State without having a valid | 16 | | license under this Act, then any licensee, any interested party | 17 | | or any person injured thereby may, in addition to the | 18 | | Secretary, petition for relief as provided in subsection (a) of | 19 | | this Section. | 20 | | (c) Whenever in the opinion of the Department any person , | 21 | | entity or other business violates any provision of this Act, | 22 | | the Department may issue a rule to show cause why an order to | 23 | | cease and desist should not be entered against such person , | 24 | | firm or other entity . The rule shall clearly set forth the | 25 | | grounds relied upon by the Department and shall provide a | 26 | | period of at least 7 days from the date of the rule to file an |
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| 1 | | answer to the satisfaction of the Department. If the person , | 2 | | firm or other entity fails to file an answer satisfactory to | 3 | | the Department, the matter shall be considered as a default and | 4 | | the Department may cause an order to cease and desist to be | 5 | | issued immediately.
| 6 | | (Source: P.A. 96-726, eff. 7-1-10 .) | 7 | | (225 ILCS 427/92)
| 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 92. Unlicensed practice; violation; civil penalty. | 10 | | (a) Any person , entity or other business who practices, | 11 | | offers to practice, attempts to practice, or holds himself, | 12 | | herself or itself out to practice as a community association | 13 | | manager or community association management firm or provide | 14 | | services as a community association manager or community | 15 | | association management firm to any community association in | 16 | | this State without being licensed under this Act shall, in | 17 | | addition to any other penalty provided by law, pay a civil | 18 | | penalty to the Department in an amount not to exceed $10,000 | 19 | | for each offense, as determined by the Department. The civil | 20 | | penalty shall be assessed by the Department after a hearing is | 21 | | held in accordance with the provisions set forth in this Act | 22 | | regarding the provision of a hearing for the discipline of a | 23 | | licensee. | 24 | | (b) The Department may investigate any and all unlicensed | 25 | | activity. |
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| 1 | | (c) The civil penalty shall be paid within 60 days after | 2 | | the effective date of the order imposing the civil penalty. The | 3 | | order shall constitute a judgment and may be filed and | 4 | | execution had thereon in the same manner as any judgment from | 5 | | any court of record.
| 6 | | (Source: P.A. 98-365, eff. 1-1-14.) | 7 | | (225 ILCS 427/95)
| 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 95. Investigation; notice and hearing. The Department | 10 | | may investigate the actions or qualifications of a person , | 11 | | entity or other business holding or claiming to hold a license. | 12 | | Before suspending, revoking, placing on probationary status, | 13 | | or taking any other disciplinary action as the Department may | 14 | | deem proper with regard to any license, at least 30 days before | 15 | | the date set for the hearing, the Department shall (i) notify | 16 | | the accused in writing of any charges made and the time and | 17 | | place for a hearing on the charges before the Board, (ii) | 18 | | direct the individual or entity to file a written answer to the | 19 | | charges with the Board under oath within 20 days after the | 20 | | service on him or her of such notice, and (iii) inform the | 21 | | person , entity or other business that if the person , entity, or | 22 | | other business fails to file an answer, default will be taken | 23 | | against such person , entity, or other business and the license | 24 | | of such person , entity, or other business may be suspended, | 25 | | revoked, placed on probationary status, or other disciplinary |
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| 1 | | action taken with regard to the license, including limiting the | 2 | | scope, nature, or extent of his or her practice, as the | 3 | | Department may deem proper. Written notice may be served by | 4 | | personal delivery or by registered or certified mail to the | 5 | | applicant or licensee at his or her last address of record with | 6 | | the Department. In case the person fails to file an answer | 7 | | after receiving notice, his or her license may, in the | 8 | | discretion of the Department, be suspended, revoked, or placed | 9 | | on probationary status, or the Department may take whatever | 10 | | disciplinary action deemed proper, including limiting the | 11 | | scope, nature, or extent of the person's practice or the | 12 | | imposition of a fine, without a hearing, if the act or acts | 13 | | charged constitute sufficient grounds for such action under | 14 | | this Act. The written answer shall be served by personal | 15 | | delivery, certified delivery, or certified or registered mail | 16 | | to the Department. At the time and place fixed in the notice, | 17 | | the Department shall proceed to hear the charges and the | 18 | | parties or their counsel shall be accorded ample opportunity to | 19 | | present such statements, testimony, evidence, and argument as | 20 | | may be pertinent to the charges or to the defense thereto. The | 21 | | Department may continue such hearing from time to time. At the | 22 | | discretion of the Secretary after having first received the | 23 | | recommendation of the Board, the accused person's license may | 24 | | be suspended or revoked, if the evidence constitutes sufficient | 25 | | grounds for such action under this Act.
| 26 | | (Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.) |
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| 1 | | (225 ILCS 427/155)
| 2 | | (Section scheduled to be repealed on January 1, 2020) | 3 | | Sec. 155. Violations; penalties. | 4 | | (a) A person who violates any of the following provisions | 5 | | shall be guilty of a Class A misdemeanor; a person who commits | 6 | | a second or subsequent violation of these provisions is guilty | 7 | | of a Class 4 felony: | 8 | | (1) The practice of or attempted practice of or holding | 9 | | out as available to practice as a community association | 10 | | manager or supervising community association manager | 11 | | without a license. | 12 | | (2) (Blank). Operation of or attempt to operate a | 13 | | community association management firm without a firm | 14 | | license or a designated supervising community association | 15 | | manager. | 16 | | (3) The obtaining of or the attempt to obtain any | 17 | | license or authorization issued under this Act by | 18 | | fraudulent misrepresentation. | 19 | | (b) Whenever a licensee is convicted of a felony related to | 20 | | the violations set forth in this Section, the clerk of the | 21 | | court in any jurisdiction shall promptly report the conviction | 22 | | to the Department and the Department shall immediately revoke | 23 | | any license authorized under this Act held by that licensee. | 24 | | The licensee shall not be eligible for licensure under this Act | 25 | | until at least 10 years have elapsed since the time of full |
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| 1 | | discharge from any sentence imposed for a felony conviction. If | 2 | | any person in making any oath or affidavit required by this Act | 3 | | swears falsely, the person is guilty of perjury and may be | 4 | | punished accordingly.
| 5 | | (Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.) | 6 | | (225 ILCS 427/165)
| 7 | | (Section scheduled to be repealed on January 1, 2020) | 8 | | Sec. 165. Home rule. The regulation and licensing of | 9 | | community association managers , supervising community | 10 | | association managers, and community association management | 11 | | firms are exclusive powers and functions of the State. A home | 12 | | rule unit may not regulate or license community association | 13 | | managers , supervising community association managers, or | 14 | | community association management firms . This Section is a | 15 | | denial and limitation of home rule powers and functions under | 16 | | subsection (h) of Section 6 of Article VII of the Illinois | 17 | | Constitution.
| 18 | | (Source: P.A. 98-365, eff. 1-1-14.) | 19 | | (225 ILCS 427/42 rep.) | 20 | | (225 ILCS 427/50 rep.) | 21 | | Section 10. The Community Association Manager Licensing | 22 | | and Disciplinary Act is amended by repealing Sections 42 and | 23 | | 50.
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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