State of Illinois
92nd General Assembly
Legislation

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92_HB1805ham001

 










                                             LRB9205853LBcsam

 1                    AMENDMENT TO HOUSE BILL 1805

 2        AMENDMENT NO.     .  Amend House Bill  1805  on  page  1,
 3    line  9,  after  "persons",  by  inserting  ",  including any
 4    entity,"; and

 5    on page 1, by replacing lines 22 and 23 with the following:
 6        ""Home inspection" means the examination  and  evaluation
 7    of  the  exterior and interior components of residential real
 8    property, which includes the inspection of any 2 or  more  of
 9    the  following  components  of  residential  real property in
10    connection with or to facilitate the sale,  lease,  or  other
11    conveyance   of,   or  the  proposed  sale,  lease  or  other
12    conveyance of, residential real property:"; and

13    on page 1, by replacing lines 24 and 25 with the following:
14             "(1)  heating,  ventilation,  and  air  conditioning
15        system;"; and

16    on page 1, line 26, by replacing "(3)" with "(2)"; and

17    on page 1, line 27, by replacing "(4)" with "(3)"; and

18    on page 1, line 28, by replacing "(5)" with "(4)"; and

19    on page 1, line 29, by replacing "(6)" with "(5)"; and

20    on page 2, line 1, by replacing "(7)" with "(6)"; and
 
                            -2-              LRB9205853LBcsam
 1    on page 2, line 2, by replacing "(8)" with "(7)"; and

 2    on page 2, line 2, after the semicolon,  by  inserting  "or";
 3    and

 4    on page 2, by deleting lines 3 and 4; and

 5    on page 2, line 5, by replacing "(11)" with "(8)"; and

 6    on  page  2,  by  replacing  lines  18  through  20  with the
 7    following:
 8        ""Person"  means  individuals,  entities,   corporations,
 9    limited  liability  companies,  registered  limited liability
10    partnerships, and partnerships, foreign or  domestic,  except
11    that  when the context otherwise requires, the term may refer
12    to a single individual or other described entity.
13        "Residential real property" means real property  that  is
14    used  or  intended  to  be used as a residence by one or more
15    individuals."; and

16    on page 2, line 27, after "for", by replacing "a" with "any";
17    and

18    on page 2, line 28, after "person", by inserting ", including
19    any entity,"; and

20    on page 2, line 31, by replacing "himself  or  herself"  with
21    "himself, herself, or itself"; and

22    on  page  3,  by  replacing  lines  16  through  33  with the
23    following:
24             "(2)  any person licensed by the State  of  Illinois
25        while acting within the scope of his or her license; or";
26        and

27    on page 3, by replacing line 34 with the following:
28             "(3)  any  person  engaged by the owner or lessor of
29        residential real property for the purpose of preparing  a
30        bid  or  estimate  as  to the work necessary or the costs
 
                            -3-              LRB9205853LBcsam
 1        associated  with  performing  home   construction,   home
 2        remodeling,  or  home repair work on the residential real
 3        property, provided such person does not hold  himself  or
 4        herself  out,  or  advertise himself or herself, as being
 5        engaged in business as a home inspector."; and

 6    on page 4, by deleting lines 1 and 2; and

 7    on page 4, line 4, after "every", by inserting "natural"; and

 8    on page 4, after line 18, by inserting the following:

 9        "Section 5-12.  Application for home  inspector  license;
10    entity.   Every  entity  that  is  not  a natural person that
11    desires to obtain a home inspector  license  shall  apply  to
12    OBRE  on  forms  provided  by  OBRE  and  accompanied  by the
13    required fee."; and

14    on  page  4,  by  replacing  line  22  with  "may  take   the
15    examination  required  by  subsection  (4)  of  Section  5-10
16    without  having  successfully  completed  the classroom hours
17    required under subsection (5) of Section 5-10,"; and

18    on page 4, line 23, after "provided",  by  inserting  "that";
19    and

20    on page 4, line 32, by replacing "25" with "200"; and

21    on  page  4, line 32, after "inspections", by inserting "that
22    meet the standards established by rule"; and

23    on page 6, after line 1, by inserting the following:

24        "Section  5-17.  Renewal  of  home   inspector   license;
25    entity.
26        (a)  The  expiration  date  and renewal period for a home
27    inspector license for an entity that is not a natural  person
28    shall  be set by rule.  The holder of a license may renew the
 
                            -4-              LRB9205853LBcsam
 1    license within 90  days  preceding  the  expiration  date  by
 2    completing  and submitting to OBRE a renewal application form
 3    as provided by OBRE and paying the required fees.
 4        (b)  An entity that is not a natural person whose license
 5    under this Act has expired may renew the license for a period
 6    of 2 years following the expiration date  by  complying  with
 7    the requirements of subsection (a) of this Section and paying
 8    any late penalties established by rule."; and

 9    on  page  12,  by  replacing  lines  18  through  29 with the
10    following:
11             "(18)  Advising a client as to  whether  the  client
12        should  or  should  not engage in a transaction regarding
13        the residential real property that is the subject of  the
14        home inspection.
15             (19)  Performing  a home inspection in a manner that
16        damages or alters the residential real property  that  is
17        the subject of the home inspection without the consent of
18        the owner.
19             (20)  Performing  a  home  inspection  when the home
20        inspector is providing or may also provide other services
21        in connection  with  the  residential  real  property  or
22        transaction,  or  has an interest in the residential real
23        property, without providing prior written notice  of  the
24        potential  or  actual  conflict  and  obtaining the prior
25        consent of the client as provided by rule."; and

26    on page 23, by replacing line 2 with "the Real Estate"; and

27    on page 23, line 3, after "Fund", by inserting "from the Home
28    Inspector Administration Fund".

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