Illinois General Assembly - Full Text of SB3394
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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
3everything after the enacting clause with the following:
 
4    "Section 5. The Community Association Manager Licensing
5and Disciplinary Act is amended by changing Sections 40 and 42
6as 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8    (Section scheduled to be repealed on January 1, 2020)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
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.

 

 

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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
26subsection (a) of this Section shall not apply to persons

 

 

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1holding a real estate managing broker or real estate broker
2license in good standing issued under the Real Estate License
3Act of 2000.
4    (c) The examination and initial education requirement of
5items (2) and (3) of subsection (a) of this Section shall not
6apply to any person who within 6 months from the effective date
7of the requirement for licensure, as set forth in Section 170
8of this Act, applies for a license by providing satisfactory
9evidence to the Department of qualifying experience or
10education, as may be set forth by rule, including without
11limitation evidence that he or she has practiced community
12association management for a period of 5 years.
13    (d) Applicants have 3 years from the date of application to
14complete the application process. If the process has not been
15completed within the 3 years, the application shall be denied,
16the fee shall be forfeited, and the applicant must reapply and
17meet 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
22community association manager.
23    (a) No person shall be qualified for licensure as a
24supervising community association manager under this Act
25unless he or she has applied in writing on the prescribed

 

 

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1forms, has paid the required nonrefundable fees, and meets all
2of 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
12item (3) of subsection (a) of this Section shall not apply to
13persons holding a real estate managing broker or real estate
14broker license in good standing issued under the Real Estate
15License Act of 2000. The 10 additional hours required for
16licensure under this Section shall not apply to persons holding
17a real estate managing broker license in good standing issued
18under the Real Estate License Act of 2000.
19    (c) The examination and initial education requirement of
20items (3) and (4) of subsection (a) of this Section shall not
21apply to any person who, within 6 months after the effective
22date of the requirement for licensure, as set forth in Section
23170 of this Act, applies for a license by providing
24satisfactory evidence to the Department of qualifying
25experience or education, as may be set forth by rule, including
26without limitation, evidence that he or she has practiced

 

 

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1community association management for a period of 7 years.
2    (d) Applicants have 3 years after the date of application
3to complete the application process. If the process has not
4been completed within the 3 years, the application shall be
5denied, the fee shall be forfeited, and the applicant must
6reapply and meet the requirements in effect at the time of
7re-application.
8(Source: P.A. 98-365, eff. 1-1-14.)
 
9    Section 10. The Home Inspector License Act is amended by
10changing 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
14natural person who desires to obtain a home inspector license
15shall:
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
10to complete the application process. If the process has not
11been completed within 3 years, the application shall be denied,
12the fee forfeited, and the applicant must reapply and meet the
13requirements 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
16becoming law.".