Full Text of HB5208 100th General Assembly
HB5208 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5208 Introduced , by Rep. Tom Demmer SYNOPSIS AS INTRODUCED: |
| 225 ILCS 427/40 | | 225 ILCS 427/42 | | 225 ILCS 441/5-10 | | 225 ILCS 454/5-27 | | 225 ILCS 454/5-28 | |
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Amends the Community Association Manager Licensing and Disciplinary Act, the Home Inspector License Act, and the Real Estate License Act of 2000. Reduces the minimum age requirement for licensure as a community association manager, supervising community association manager, home inspector, broker, or managing broker to 18 years of age (rather than 21 years of age). Makes a conforming change. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Community Association Manager Licensing and | 5 | | Disciplinary Act is amended by changing Sections 40 and 42 as | 6 | | 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| 8 | | (Section scheduled to be repealed on January 1, 2020) | 9 | | Sec. 40.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. | 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 | 19 | | subsection (a) of this Section shall not apply to persons | 20 | | holding a real estate managing broker or real estate broker | 21 | | license in good standing issued under the Real Estate License | 22 | | Act of 2000. | 23 | | (c) The examination and initial education requirement of | 24 | | items (2) and (3) of subsection (a) of this Section shall not | 25 | | apply to any person who within 6 months from the effective date | 26 | | of the requirement for licensure, as set forth in Section 170 |
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| 1 | | of this Act, applies for a license by providing satisfactory | 2 | | evidence to the Department of qualifying experience or | 3 | | education, as may be set forth by rule, including without | 4 | | limitation evidence that he or she has practiced community | 5 | | association management for a period of 5 years. | 6 | | (d) Applicants have 3 years from the date of application to | 7 | | complete the application process. If the process has not been | 8 | | completed within the 3 years, the application shall be denied, | 9 | | the fee shall be forfeited, and the applicant must reapply and | 10 | | meet 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 | 15 | | community association manager. | 16 | | (a) No person shall be qualified for licensure as a | 17 | | supervising community association manager under this Act | 18 | | unless he or she has applied in writing on the prescribed | 19 | | forms, has paid the required nonrefundable fees, and meets all | 20 | | of 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 | 5 | | item (3) of subsection (a) of this Section shall not apply to | 6 | | persons holding a real estate managing broker or real estate | 7 | | broker license in good standing issued under the Real Estate | 8 | | License Act of 2000. The 10 additional hours required for | 9 | | licensure under this Section shall not apply to persons holding | 10 | | a real estate managing broker license in good standing issued | 11 | | under the Real Estate License Act of 2000. | 12 | | (c) The examination and initial education requirement of | 13 | | items (3) and (4) of subsection (a) of this Section shall not | 14 | | apply to any person who, within 6 months after the effective | 15 | | date of the requirement for licensure, as set forth in Section | 16 | | 170 of this Act, applies for a license by providing | 17 | | satisfactory evidence to the Department of qualifying | 18 | | experience or education, as may be set forth by rule, including | 19 | | without limitation, evidence that he or she has practiced | 20 | | community association management for a period of 7 years. | 21 | | (d) Applicants have 3 years after the date of application | 22 | | to complete the application process. If the process has not | 23 | | been completed within the 3 years, the application shall be | 24 | | denied, the fee shall be forfeited, and the applicant must | 25 | | reapply and meet the requirements in effect at the time of | 26 | | re-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 | 3 | | changing 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 | 7 | | natural person
who
desires to obtain a home inspector license | 8 | | shall:
| 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 | 3 | | to complete the application process. If the process has not | 4 | | been completed within 3 years, the application shall be denied, | 5 | | the fee forfeited, and the applicant must reapply and meet the | 6 | | requirements in effect at the time of reapplication. | 7 | | (Source: P.A. 97-226, eff. 7-28-11.)
| 8 | | Section 15. The Real Estate License Act of 2000 is amended | 9 | | by changing Sections 5-27 and 5-28 as follows: | 10 | | (225 ILCS 454/5-27) | 11 | | (Section scheduled to be repealed on January 1, 2020) | 12 | | Sec. 5-27. Requirements for licensure as a broker. | 13 | | (a) Every applicant for licensure as a broker must meet the | 14 | | following qualifications: | 15 | | (1) Be at least 18 21 years of age . The minimum age of | 16 | | 21 years shall be waived for any person seeking a license | 17 | | as a broker who has attained the age of 18 and can provide | 18 | | evidence of the successful completion of at least 4 | 19 | | semesters of post-secondary school study as a full-time | 20 | | student or the equivalent, with major emphasis on real | 21 | | estate courses, in a school approved by the Department ; | 22 | | (2) Be of good moral character; | 23 | | (3) Successfully complete a 4-year course of study in a | 24 | | high school or secondary school approved by the Illinois |
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| 1 | | State Board of Education or an equivalent course of study | 2 | | as determined by an examination conducted by the Illinois | 3 | | State Board of Education which shall be verified under oath | 4 | | by the applicant; | 5 | | (4) (Blank); | 6 | | (5) Provide satisfactory evidence of having completed | 7 | | 90 hours of instruction in real estate courses approved by | 8 | | the Department, 15 hours of which must consist of | 9 | | situational and case studies presented in the classroom or | 10 | | by live, interactive webinar or online distance education | 11 | | courses; | 12 | | (6) Personally take and pass a written examination | 13 | | authorized by the Department; | 14 | | (7) Present a valid application for issuance of a | 15 | | license accompanied by a sponsor card and the fees | 16 | | specified by rule. | 17 | | (b) The requirements specified in items (3) and (5) of | 18 | | subsection (a) of this Section do not apply to applicants who | 19 | | are currently admitted to practice law by the Supreme Court of | 20 | | Illinois and are currently in active standing. | 21 | | (c) No applicant shall engage in any of the activities | 22 | | covered by this Act until a valid sponsor card has been issued | 23 | | to such applicant. The sponsor card shall be valid for a | 24 | | maximum period of 45 days after the date of issuance unless | 25 | | extended for good cause as provided by rule. | 26 | | (d) All licenses should be readily available to the public |
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| 1 | | at their place of business.
| 2 | | (e) An individual holding an active license as a managing | 3 | | broker may return the license to the Department along with a | 4 | | form provided by the Department and shall be issued a broker's | 5 | | license in exchange. Any individual obtaining a broker's | 6 | | license under this subsection (e) shall be considered as having | 7 | | obtained a broker's license by education and passing the | 8 | | required test and shall be treated as such in determining | 9 | | compliance with this Act. | 10 | | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .) | 11 | | (225 ILCS 454/5-28) | 12 | | (Section scheduled to be repealed on January 1, 2020) | 13 | | Sec. 5-28. Requirements for licensure as a managing broker. | 14 | | (a) Every applicant for licensure as a managing broker must | 15 | | meet the following qualifications: | 16 | | (1) be at least 18 21 years of age; | 17 | | (2) be of good moral character; | 18 | | (3) have been licensed at least 2 out of the preceding | 19 | | 3 years as a broker; | 20 | | (4) successfully complete a 4-year course of study in | 21 | | high school or secondary school approved by the Illinois | 22 | | State Board of Education or an equivalent course of study | 23 | | as determined by an examination conducted by the Illinois | 24 | | State Board of Education, which shall be verified under | 25 | | oath by the applicant; |
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| 1 | | (5) provide satisfactory evidence of having completed | 2 | | at least 165 hours, 120 of which shall be those hours | 3 | | required pre and post-licensure to obtain a broker's | 4 | | license, and 45 additional hours completed within the year | 5 | | immediately preceding the filing of an application for a | 6 | | managing broker's license, which hours shall focus on | 7 | | brokerage administration and management and leasing agent | 8 | | management and include at least 15 hours in the classroom | 9 | | or by live, interactive webinar or online distance | 10 | | education courses; | 11 | | (6) personally take and pass a written examination | 12 | | authorized by the Department; and | 13 | | (7) present a valid application for issuance of a | 14 | | license accompanied by a sponsor card, an appointment as a | 15 | | managing broker, and the fees specified by rule. | 16 | | (b) The requirements specified in item (5) of subsection | 17 | | (a) of this Section do not apply to applicants who are | 18 | | currently admitted to practice law by the Supreme Court of | 19 | | Illinois and are currently in active standing. | 20 | | (c) No applicant shall act as a managing broker for more | 21 | | than 90 days after an appointment as a managing broker has been | 22 | | filed with the Department without obtaining a managing broker's | 23 | | license.
| 24 | | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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