92nd General Assembly
Summary of HB1805
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House Sponsors:
MCCARTHY-ZICKUS-CURRY,JULIE-MILLER-NOVAK, WOJCIK AND HOLBROOK.

Senate Sponsors:
KLEMM

Short description: 
HOME INSPECTOR LICENSE ACT                                                 

Synopsis of Bill as introduced:
        Creates the Home Inspector Licensing Act.  Requires a  person  to      
   possess  a  home  inspector's  license  in  order  to  inspect a home,      
   advertise or hold himself or herself out as a home inspector,  provide      
   inspection  reports,  or  advise  a  homeowner  with  regard to a home      
   inspection.  Creates criminal penalties for  violation  of  this  Act.      
   Sets  out guidelines for application and renewal of a Home Inspector's      
   license.  Requires licensure of home  inspection  education  providers      
   and  approval  of  courses.  Creates the Home Inspector Administration      
   Fund.  Creates a Home Inspector Advisory Board. Amends the  Regulatory      
   Sunset Act and the State Finance Act. Effective immediately.                
          FISCAL NOTE (Office of Banks and Real Estate)                        
          Projected costs associated with the new licensing program            
          for FY03 are $201,838, and for FY04 are $213,533. Licensing          
          would start effective 1/1/03. An estimated 1,000 home inspec-        
          tors would be licensed. A separate fund would be established.        
          Start-up funding would come from a transfer of $150,000 from         
          the Real Estate License Administration Fund on 7/1/02 with           
          payback in succeeding years. There would be a one-time estab-        
          lishment fee of $150 per each new license. Licenses would be         
          for 2-year terms with a fee of $250 per year.                        
          HOME RULE NOTE (Dept. of Commerce & Community Affairs)               
          HB1805 contains language stating that pursuant to Article VII,       
          Section 6, subsection (h) of the Illinois Constitution of 1970,      
          any power or function set forth by the Home Inspector Licensing      
          Act is an exclusive State power or function and shall not be         
          exercised concurrently, either directly or indirectly, by any        
          unit of local government. Therefore, in the opinion of DCCA,         
          HB1805 pre-empts home rule authority.                                
        HOUSE AMENDMENT NO. 1.                                                 
        Redefines "home  inspection"  and  "residential  real  property".      
   Defines  "person".  Changes  the  list  of  persons  exempted from the      
   licensure requirements of the Act.   Requires an entity  to  obtain  a      
   license  if  it  acts as or uses the title of home inspector. Provides      
   that a person who practiced as a home inspector prior to the effective      
   date of this Act may take the examination without having  successfully      
   completed  the  required classroom hours provided that he or she meets      
   the list of  requirements.   Adds  to  the  grounds  for  disciplinary      
   action.     Provides  for  the  renewal of home inspector licenses for      
   entities.   Makes other changes.                                            
 
Last action on Bill: PUBLIC ACT.............................. 92-0239

   Last action date: AUG-03-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 



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