Full Text of SB3394 100th General Assembly
SB3394sam001 100TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 4/5/2018
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| 1 | | AMENDMENT TO SENATE BILL 3394
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3394 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 Sections 40 and 42 | 6 | | as follows: | 7 | | (225 ILCS 427/40)
| 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 40. Qualifications for licensure as a community | 10 | | association manager. | 11 | | (a) No person shall be qualified for licensure as a | 12 | | community association manager under this Act, unless he or she | 13 | | has applied in writing on the prescribed forms and has paid the | 14 | | required, nonrefundable fees and meets all of the following | 15 | | qualifications: | 16 | | (1) He or she is at least 18 21 years of age. |
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| 1 | | (2) He or she provides satisfactory evidence of having | 2 | | completed at least 20 classroom hours in community | 3 | | association management courses approved by the Board. | 4 | | (3) He or she has passed an examination authorized by | 5 | | the Department.
| 6 | | (4) He or she has not committed an act or acts, in this | 7 | | or any other jurisdiction, that would be a violation of | 8 | | this Act. | 9 | | (5) He or she is of good moral character. In | 10 | | determining moral character under this Section, the | 11 | | Department may take into consideration whether the | 12 | | applicant has engaged in conduct or activities that would | 13 | | constitute grounds for discipline under this Act. Good | 14 | | moral character is a continuing requirement of licensure. | 15 | | Conviction of crimes may be used in determining moral | 16 | | character, but shall not constitute an absolute bar to | 17 | | licensure. | 18 | | (6) He or she has not been declared by any court of | 19 | | competent jurisdiction to be incompetent by reason of | 20 | | mental or physical defect or disease, unless a court has | 21 | | subsequently declared him or her to be competent. | 22 | | (7) He or she complies with any additional | 23 | | qualifications for licensure as determined by rule of the | 24 | | Department. | 25 | | (b) The education requirement set forth in item (2) of | 26 | | subsection (a) of this Section shall not apply to persons |
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| 1 | | holding a real estate managing broker or real estate broker | 2 | | license in good standing issued under the Real Estate License | 3 | | Act of 2000. | 4 | | (c) The examination and initial education requirement of | 5 | | items (2) and (3) of subsection (a) of this Section shall not | 6 | | apply to any person who within 6 months from the effective date | 7 | | of the requirement for licensure, as set forth in Section 170 | 8 | | of this Act, applies for a license by providing satisfactory | 9 | | evidence to the Department of qualifying experience or | 10 | | education, as may be set forth by rule, including without | 11 | | limitation evidence that he or she has practiced community | 12 | | association management for a period of 5 years. | 13 | | (d) Applicants have 3 years from the date of application to | 14 | | complete the application process. If the process has not been | 15 | | completed within the 3 years, the application shall be denied, | 16 | | the fee shall be forfeited, and the applicant must reapply and | 17 | | meet the requirements in effect at the time of re-application.
| 18 | | (Source: P.A. 98-365, eff. 1-1-14.) | 19 | | (225 ILCS 427/42) | 20 | | (Section scheduled to be repealed on January 1, 2020) | 21 | | Sec. 42. Qualifications for licensure as a supervising | 22 | | community association manager. | 23 | | (a) No person shall be qualified for licensure as a | 24 | | supervising community association manager under this Act | 25 | | unless he or she has applied in writing on the prescribed |
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| 1 | | forms, has paid the required nonrefundable fees, and meets all | 2 | | of the following qualifications: | 3 | | (1) He or she is at least 18 21 years of age. | 4 | | (2) He or she has been licensed at least one out of the | 5 | | last 2 preceding years as a community association manager. | 6 | | (3) He or she provides satisfactory evidence of having | 7 | | completed at least 30 classroom hours in community | 8 | | association management courses approved by the Board, 20 | 9 | | hours of which shall be those pre-license hours required to | 10 | | obtain a community association manager license, and 10 | 11 | | additional hours completed the year immediately preceding | 12 | | the filing of the application for a supervising community | 13 | | association manager license, which shall focus on | 14 | | community association administration, management, and | 15 | | supervision. | 16 | | (4) He or she has passed an examination authorized by | 17 | | the Department. | 18 | | (5) He or she has not committed an act or acts, in this | 19 | | or any other jurisdiction, that would be a violation of | 20 | | this Act. | 21 | | (6) He or she is of good moral character. In | 22 | | determining moral character under this Section, the | 23 | | Department may take into consideration whether the | 24 | | applicant has engaged in conduct or activities that would | 25 | | constitute grounds for discipline under this Act. Good | 26 | | moral character is a continuing requirement of licensure. |
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| 1 | | Conviction of crimes may be used in determining moral | 2 | | character, but shall not constitute an absolute bar to | 3 | | licensure. | 4 | | (7) He or she has not been declared by any court of | 5 | | competent jurisdiction to be incompetent by reason of | 6 | | mental or physical defect or disease, unless a court has | 7 | | subsequently declared him or her to be competent. | 8 | | (8) He or she complies with any additional | 9 | | qualifications for licensure as determined by rule of the | 10 | | Department. | 11 | | (b) The initial 20-hour education requirement set forth in | 12 | | item (3) of subsection (a) of this Section shall not apply to | 13 | | persons holding a real estate managing broker or real estate | 14 | | broker license in good standing issued under the Real Estate | 15 | | License Act of 2000. The 10 additional hours required for | 16 | | licensure under this Section shall not apply to persons holding | 17 | | a real estate managing broker license in good standing issued | 18 | | under the Real Estate License Act of 2000. | 19 | | (c) The examination and initial education requirement of | 20 | | items (3) and (4) of subsection (a) of this Section shall not | 21 | | apply to any person who, within 6 months after the effective | 22 | | date of the requirement for licensure, as set forth in Section | 23 | | 170 of this Act, applies for a license by providing | 24 | | satisfactory evidence to the Department of qualifying | 25 | | experience or education, as may be set forth by rule, including | 26 | | without limitation, evidence that he or she has practiced |
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| 1 | | community association management for a period of 7 years. | 2 | | (d) Applicants have 3 years after the date of application | 3 | | to complete the application process. If the process has not | 4 | | been completed within the 3 years, the application shall be | 5 | | denied, the fee shall be forfeited, and the applicant must | 6 | | reapply and meet the requirements in effect at the time of | 7 | | re-application.
| 8 | | (Source: P.A. 98-365, eff. 1-1-14.) | 9 | | Section 10. The Home Inspector License Act is amended by | 10 | | changing Section 5-10 as follows:
| 11 | | (225 ILCS 441/5-10)
| 12 | | (Section scheduled to be repealed on January 1, 2022)
| 13 | | Sec. 5-10. Application for home inspector license. Every | 14 | | natural person
who
desires to obtain a home inspector license | 15 | | shall:
| 16 | | (1) apply to the Department on forms prescribed by the | 17 | | Department and accompanied by the required
fee; all | 18 | | applications shall contain the information that, in the | 19 | | judgment of the Department, enables the Department to pass | 20 | | on the qualifications of the applicant for a license to | 21 | | practice as a home inspector as set by rule;
| 22 | | (2) be at least 18 21 years of age;
| 23 | | (3) provide evidence of having attained a high school | 24 | | diploma or completed
an
equivalent course of study as |
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| 1 | | determined by an examination conducted by the
Illinois | 2 | | State Board of Education;
| 3 | | (4) personally take and pass an examination authorized | 4 | | by the Department; and
| 5 | | (5) prior to taking the examination, provide evidence
| 6 | | to the Department that he or she has
successfully completed | 7 | | the prerequisite classroom hours of instruction in home
| 8 | | inspection, as established by rule.
| 9 | | Applicants have 3 years after the date of the application | 10 | | to complete the application process. If the process has not | 11 | | been completed within 3 years, the application shall be denied, | 12 | | the fee forfeited, and the applicant must reapply and meet the | 13 | | requirements in effect at the time of reapplication. | 14 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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