Bill Text: IL HB0562 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Criminal Justice Information Act. Creates the Firearm Prohibitors and Records Improvement Task Force to identify and research all available grants, resources, and revenue that may be applied for and used by all entities responsible for reporting federal and State firearms prohibitors to the Illinois State Police and the National Instant Criminal Background Check System. Provides that under the Firearm Owners Identification Card Act, these reporting entities include, but are not limited to, hospitals, courts, law enforcement and corrections. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2022. Repeals the Task Force provisions on July 1, 2027. Amends the Gun Trafficking Information Act. In a provision requiring the Illinois State Police to make certain information publicly available regarding firearms used in the commission of crimes, provides that the information shall include annual statistical information concerning Firearm Owner's Identification Card and concealed carry license applications, revocations, and compliance with a specified provision of the Firearm Owners Identification Card Act, firearm restraining order dispositions, and firearm dealer license certification inspections. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under a provision concerning transfer of firearms. Requires the Illinois State Police to have the Internet-based system completed and available for use by July 1, 2022. Provides that beginning January 1, 2024, any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card and initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that the Illinois State Police shall develop an Internet-based system to conduct this check. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides that if a person who possesses a combined Firearm Owner's Identification Card and a concealed carry license becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise eligible for a valid Firearm Owner's Identification Card, the Illinois State Police shall ensure the person's Firearm Owner's Identification Card status is not interrupted. Provides for email notifications and text messages from the Illinois State Police upon request of an applicant or card holder. Creates expanded rulemaking authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that the Illinois State Police shall continuously monitor relevant State and federal databases for firearms prohibitors and correlate those records with concealed carry license holders to ensure compliance with the Act and any other State and federal laws. Defines "firearms prohibitor". Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act. Makes conforming changes in various other Acts. Effective January 1, 2022, except that certain changes to the Firearm Owners Identification Card Act take effect January 1, 2024.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Passed) 2022-07-25 - Added as Alternate Co-Sponsor Sen. Laura M. Murphy [HB0562 Detail]

Download: Illinois-2021-HB0562-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0562 Introduced , by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED:
See Index
Amends the Home Inspector License Act. Provides that all applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation and inform the Department of any change of address or email address within 14 days. Provides that the Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education requirements set forth in the Act or as established by rule. Provides that all applicants for a home inspector license and all licensees shall maintain general liability insurance in an amount of not less than $100,000 with deductibles of not more than $2,500. Provides that except as otherwise expressly provided, nothing in the Act shall be construed to grant to any person a private right of action for damages or to enforce the provisions of the Act or the rules adopted under the Act. Makes changes in provisions concerning necessity of license, use of title, and exemptions; application for a home inspector license; renewal of a license; endorsement; continuing education renewal requirements; retention of records; grounds for disciplinary action; investigation, notice, and hearing; returned checks and dishonored credit card charges and penalty fees; violations, injunctions, and cease and desist orders; and education providers. Repeals a provision concerning peer review advisors. Amends the Regulatory Sunset Act to repeal the Home Inspector License Act on January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.32 and by adding Section 4.41 as follows:
(5 ILCS 80/4.32)
Sec. 4.32. Acts repealed on January 1, 2022. The following
Acts are repealed on January 1, 2022:
The Boxing and Full-contact Martial Arts Act.
The Cemetery Oversight Act.
The Collateral Recovery Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Crematory Regulation Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Illinois Health Information Exchange and Technology
Act.
The Medical Practice Act of 1987.
The Registered Interior Designers Act.
The Massage Licensing Act.
The Petroleum Equipment Contractors Licensing Act.
The Radiation Protection Act of 1990.

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The Real Estate Appraiser Licensing Act of 2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
(5 ILCS 80/4.41 new)
Sec. 4.41. Act repealed on January 1, 2032. The following
Act is repealed on January 1, 2032:
The Home Inspector License Act.
Section 10. The Home Inspector License Act is amended by
changing Sections 1-10, 5-5, 5-10, 5-12, 5-16, 5-17, 5-20,
5-30, 10-10, 15-10, 15-15, 15-20, 15-55, 15-60, 20-5, 25-15,
and 25-27 and by adding Sections 1-12, 5-50, 15-10.1, and
15-36 as follows:
(225 ILCS 441/1-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 1-10. Definitions. As used in this Act, unless the
context otherwise requires:
"Address of record" means the designated street address,
which may not be a post office box, recorded by the Department
in the applicant's or licensee's application file or license
file as maintained by the Department's licensure maintenance
unit. It is the duty of the applicant or licensee to inform the

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Department of any change of address and those changes must be
made either through the Department's website or by contacting
the Department.
"Applicant" means a person who applies to the Department
for a license under this Act.
"Client" means a person who engages or seeks to engage the
services of a home inspector for an inspection assignment.
"Department" means the Department of Financial and
Professional Regulation.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department.
"Home inspection" means the examination and evaluation of
the exterior and interior components of residential real
property, which includes the inspection of any 2 or more of the
following components of residential real property in
connection with or to facilitate the sale, lease, or other
conveyance of, or the proposed sale, lease or other conveyance
of, residential real property:
(1) heating, ventilation, and air conditioning system;
(2) plumbing system;
(3) electrical system;
(4) structural composition;
(5) foundation;
(6) roof;

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(7) masonry structure; or
(8) any other residential real property component as
established by rule.
"Home inspector" means a person who, for another and for
compensation either direct or indirect, performs home
inspections.
"Home inspection report" or "inspection report" means a
written evaluation prepared and issued by a home inspector
upon completion of a home inspection, which meets the
standards of practice as established by the Department.
"Inspection assignment" means an engagement for which a
home inspector is employed or retained to conduct a home
inspection and prepare a home inspection report.
"License" means the privilege conferred by the Department
to a person who has fulfilled all requirements prerequisite to
any type of licensure under this Act.
"Licensee" means a home inspector, home inspector entity,
or home inspector education provider.
"Person" means individuals, entities, corporations,
limited liability companies, registered limited liability
partnerships, and partnerships, foreign or domestic, except
that when the context otherwise requires, the term may refer
to a single individual or other described entity.
"Residential real property" means real property that is
used or intended to be used as a residence by one or more
individuals.

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"Secretary" means the Secretary of Financial and
Professional Regulation or the Secretary's designee.
"Standards of practice" means recognized standards and
codes to be used in a home inspection, as determined by the
Department and established by rule.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/1-12 new)
Sec. 1-12. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after
such change through the Department's website or by
contacting the Department.
(225 ILCS 441/5-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-5. Necessity of license; use of title; exemptions.
(a) It is unlawful for any person, including any entity,
to act or assume to act as a home inspector, to engage in the
business of home inspection, to develop a home inspection
report, to practice as a home inspector, or to advertise or

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hold oneself himself, herself, or itself out to be a home
inspector without a home inspector license issued under this
Act. A person who violates this subsection is guilty of a Class
A misdemeanor for the first offense and a Class 4 felony for
the second and any subsequent offenses.
(b) It is unlawful for any person, other than a person who
holds a valid home inspector license issued pursuant to this
Act, to use the title "home inspector" or any other title,
designation, or abbreviation likely to create the impression
that the person is licensed as a home inspector pursuant to
this Act. A person who violates this subsection is guilty of a
Class A misdemeanor.
(c) The licensing requirements of this Article do not
apply to:
(1) any person who is employed as a code enforcement
official by the State of Illinois or any unit of local
government, while acting within the scope of that
government employment;
(2) any person licensed in this State by any other law
who is engaging in the profession or occupation for which
the person is licensed by the State of Illinois while
acting within the scope of his or her license; or
(3) any person engaged by the owner or lessor of
residential real property for the purpose of preparing a
bid or estimate as to the work necessary or the costs
associated with performing home construction, home

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remodeling, or home repair work on the residential real
property, provided such person does not hold himself or
herself out, or advertise or hold oneself out as himself
or herself, as being engaged in business as a home
inspector.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-10. Application for home inspector license. Every
natural person who desires to obtain a home inspector license
shall:
(1) apply to the Department in a manner on forms
prescribed by the Department and accompanied by the
required fee; all applications shall contain the
information that, in the judgment of the Department,
enables the Department to pass on the qualifications of
the applicant for a license to practice as a home
inspector as set by rule;
(2) be at least 18 years of age;
(3) successfully complete a 4-year course of study in
a high school or secondary school or an equivalent course
of study approved by the state in which the school is
located, or possess a high school equivalency certificate,
which shall be verified under oath by the applicant
provide evidence of having attained a high school diploma

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or completed an equivalent course of study as determined
by an examination conducted by the Illinois State Board of
Education;
(4) personally take and pass an examination authorized
by the Department; and
(5) prior to taking the examination, provide evidence
to the Department that the applicant he or she has
successfully completed the prerequisite classroom hours of
instruction in home inspection, as established by rule.
Applicants have 3 years after the date of the application
to complete the application process. If the process has not
been completed within 3 years, the application shall be
denied, the fee forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 100-892, eff. 8-14-18.)
(225 ILCS 441/5-12)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-12. Application for home inspector license; entity.
Every entity that is not a natural person that desires to
obtain a home inspector license shall apply to the Department
in a manner prescribed on forms provided by the Department and
accompanied by the required fee.
Applicants have 3 years after the date of the application
to complete the application process. If the process has not
been completed within 3 years, the application shall be

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denied, the fee forfeited, and the applicant must reapply and
meet the requirements in effect at the time of reapplication.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-16)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-16. Renewal of license.
(a) The expiration date and renewal period for a home
inspector license issued under this Act shall be set by rule.
Except as otherwise provided in subsections (b) and (c) of
this Section, the holder of a license may renew the license
within 90 days preceding the expiration date by:
(1) completing and submitting to the Department a
renewal application in a manner prescribed form as
provided by the Department;
(2) paying the required fees; and
(3) providing evidence of successful completion of the
continuing education requirements through courses approved
by the Department given by education providers licensed by
the Department, as established by rule.
(b) A home inspector whose license under this Act has
expired may renew the license for a period of 2 years following
the expiration date by complying with the requirements of
subparagraphs (1), (2), and (3) of subsection (a) of this
Section and paying any late penalties established by rule.
(c) Notwithstanding subsection (b), a home inspector whose

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license under this Act has expired may renew the license
without paying any lapsed renewal fees or late penalties if
(i) the license expired while the home inspector was on active
duty with the United States Armed Services, (ii) application
for renewal is made within 2 years following the termination
of the military service or related education, training, or
employment, and (iii) the applicant furnishes to the
Department an affidavit that the applicant he or she was so
engaged.
(d) The Department shall provide reasonable care and due
diligence to ensure that each licensee under this Act is
provided a renewal application at least 90 days prior to the
expiration date, but it is the responsibility of each licensee
to renew the his or her license prior to its expiration date.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-17)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-17. Renewal of home inspector license; entity.
(a) The expiration date and renewal period for a home
inspector license for an entity that is not a natural person
shall be set by rule. The holder of a license may renew the
license within 90 days preceding the expiration date by
completing and submitting to the Department a renewal
application in a manner prescribed form as provided by the
Department and paying the required fees.

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(b) An entity that is not a natural person whose license
under this Act has expired may renew the license for a period
of 2 years following the expiration date by complying with the
requirements of subsection (a) of this Section and paying any
late penalties established by rule.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-20. Endorsement. The Department may, in its
discretion, license as a home inspector, by endorsement, on
payment of the required fee, an applicant who is a home
inspector licensed under the laws of another state or
territory, if (i) the requirements for licensure in the state
or territory in which the applicant was licensed were, at the
date of his or her licensure, substantially equivalent to the
requirements in force in this State on that date or (ii) there
were no requirements in force in this State on the date of his
or her licensure and the applicant possessed individual
qualifications on that date that are substantially similar to
the requirements under this Act. The Department may adopt any
rules necessary to implement this Section.
Applicants have 3 years after the date of application to
complete the application process. If the process has not been
completed within 3 years, the application shall be denied, the
fee forfeited, and the applicant must reapply and meet the

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requirements in effect at the time of reapplication.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/5-30)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-30. Continuing education renewal requirements. The
continuing education requirements for a person to renew a
license as a home inspector shall be established by rule. The
Department shall establish a continuing education completion
deadline for home inspector licensees and require evidence of
compliance with continuing education requirements in a manner
established by rule before the renewal of a license.
(Source: P.A. 100-831, eff. 1-1-19.)
(225 ILCS 441/5-50 new)
Sec. 5-50. Insurance.
(a) All applicants for a home inspector license and all
licensees shall maintain general liability insurance in an
amount of not less than $100,000 with deductibles of not more
than $2,500.
(b) Failure of an applicant or a licensee to carry and
maintain the insurance required by this Section, to timely
submit proof of coverage upon the Department's request, or to
timely report any claims made against such policies of
insurance shall be grounds for the denial of an application to
renew a license, or the suspension or revocation of the

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license.
(c) The policies of insurance submitted by an applicant
for a new license or an applicant for renewal of a license must
include the name of the applicant as it appears or will appear
on the license.
(d) A home inspector shall maintain the insurance required
by this Section for at least one year after the latest home
inspection report the home inspector delivered.
(e) The Department may adopt rules to implement this
Section.
(225 ILCS 441/10-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 10-10. Retention of records. A person licensed under
this Act shall retain the original or a true and exact copy of
all written contracts that engage the licensee's engaging his
or her services as a home inspector and all home inspection
reports, including any supporting data used to develop the
home inspection report, for a period of 5 years or 2 years
after the final disposition of any judicial proceeding, which
includes any appeal, in which testimony was given, whichever
is longer.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-10)
(Section scheduled to be repealed on January 1, 2022)

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Sec. 15-10. Grounds for disciplinary action.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand, or take other
disciplinary or non-disciplinary action as the Department may
deem appropriate, including imposing fines not to exceed
$25,000 for each violation, with regard to any license for any
one or combination of the following:
(1) Fraud or misrepresentation in applying for, or
procuring a license under this Act or in connection with
applying for renewal of a license under this Act.
(2) Failing to meet the minimum qualifications for
licensure as a home inspector established by this Act.
(3) Paying money, other than for the fees provided for
by this Act, or anything of value to an employee of the
Department to procure licensure under this Act.
(4) Conviction by plea of guilty or nolo contendere,
finding of guilt, jury verdict, or entry of judgment or by
sentencing of any crime, including, but not limited to,
convictions, preceding sentences of supervision,
conditional discharge, or first offender probation, under
the laws of any jurisdiction of the United States: (i)
that is a felony; (ii) that is a misdemeanor, an essential
element of which is dishonesty, or that is directly
related to the practice of the profession; or (iii) that
is a crime that subjects the licensee to compliance with
the requirements of the Sex Offender Registration Act.

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(5) Committing an act or omission involving
dishonesty, fraud, or misrepresentation with the intent to
substantially benefit the licensee or another person or
with the intent to substantially injure another person.
(6) Violating a provision or standard for the
development or communication of home inspections as
provided in Section 10-5 of this Act or as defined in the
rules.
(7) Failing or refusing to exercise reasonable
diligence in the development, reporting, or communication
of a home inspection report, as defined by this Act or the
rules.
(8) Violating a provision of this Act or the rules.
(9) Having been disciplined by another state, the
District of Columbia, a territory, a foreign nation, a
governmental agency, or any other entity authorized to
impose discipline if at least one of the grounds for that
discipline is the same as or substantially equivalent to
one of the grounds for which a licensee may be disciplined
under this Act.
(10) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(11) Accepting an inspection assignment when the
employment itself is contingent upon the home inspector
reporting a predetermined analysis or opinion, or when the

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fee to be paid is contingent upon the analysis, opinion,
or conclusion reached or upon the consequences resulting
from the home inspection assignment.
(12) Developing home inspection opinions or
conclusions based on the race, color, religion, sex,
national origin, ancestry, age, marital status, family
status, physical or mental disability, military status, or
unfavorable discharge from military status discharge,
sexual orientation, order of protection status, or
pregnancy, as defined under the Illinois Human Rights Act,
of the prospective or present owners or occupants of the
area or property under home inspection.
(13) Being adjudicated liable in a civil proceeding on
grounds of fraud, misrepresentation, or deceit. In a
disciplinary proceeding based upon a finding of civil
liability, the home inspector shall be afforded an
opportunity to present mitigating and extenuating
circumstances, but may not collaterally attack the civil
adjudication.
(14) Being adjudicated liable in a civil proceeding
for violation of a State or federal fair housing law.
(15) Engaging in misleading or untruthful advertising
or using a trade name or insignia of membership in a home
inspection organization of which the licensee is not a
member.
(16) Failing, within 30 days, to provide information

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in response to a written request made by the Department.
(17) Failing to include within the home inspection
report the home inspector's license number and the date of
expiration of the license. The names of (i) all persons
who conducted the home inspection; and (ii) all persons
who prepared the subsequent written evaluation or any part
thereof must be disclosed in the report. All home
inspectors providing significant contribution to the
development and reporting of a home inspection must be
disclosed in the home inspection report. It is a violation
of this Act for a home inspector to sign a home inspection
report knowing that the names of all such persons have a
person providing a significant contribution to the report
has not been disclosed in the home inspection report.
(18) Advising a client as to whether the client should
or should not engage in a transaction regarding the
residential real property that is the subject of the home
inspection.
(19) Performing a home inspection in a manner that
damages or alters the residential real property that is
the subject of the home inspection without the consent of
the owner.
(20) Performing a home inspection when the home
inspector is providing or may also provide other services
in connection with the residential real property or
transaction, or has an interest in the residential real

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property, without providing prior written notice of the
potential or actual conflict and obtaining the prior
consent of the client as provided by rule.
(21) Aiding or assisting another person in violating
any provision of this Act or rules adopted under this Act.
(22) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(23) A finding by the Department that the licensee,
after having the his or her license placed on probationary
status, has violated the terms of probation.
(24) Willfully making or filing false records or
reports related to the in his or her practice of home
inspection, including, but not limited to, false records
filed with State agencies or departments.
(25) Charging for professional services not rendered,
including filing false statements for the collection of
fees for which services are not rendered.
(26) Practicing under a false or, except as provided
by law, an assumed name.
(27) Cheating on or attempting to subvert the
licensing examination administered under this Act.
(28) Engaging in any of the following prohibited
fraudulent, false, deceptive, or misleading advertising
practices:

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(i) advertising as a home inspector or operating a
home inspection business entity unless there is a duly
licensed home inspector responsible for all inspection
activities and all inspections;
(ii) advertising that contains a misrepresentation
of facts or false statements regarding the licensee's
professional achievements, degrees, training, skills,
or qualifications in the home inspection profession or
any other profession requiring licensure;
(iii) advertising that makes only a partial
disclosure of relevant facts related to pricing or
home inspection services; and
(iv) advertising that claims this State or any of
its political subdivisions endorse the home inspection
report or its contents.
(29) Disclosing, except as otherwise required by law,
inspection results or client information obtained without
the client's written consent. A home inspector shall not
deliver a home inspection report to any person other than
the client of the home inspector without the client's
written consent.
(30) Providing fees, gifts, insurance, waivers of
liability, or other forms of compensation or gratuities to
persons licensed under any real estate professional
licensing act in this State.
(b) The Department may suspend, revoke, or refuse to issue

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or renew an education provider's license, may reprimand, place
on probation, or otherwise discipline an education provider
licensee, and may suspend or revoke the course approval of any
course offered by an education provider, for any of the
following:
(1) Procuring or attempting to procure licensure by
knowingly making a false statement, submitting false
information, making any form of fraud or
misrepresentation, or refusing to provide complete
information in response to a question in an application
for licensure.
(2) Failing to comply with the covenants certified to
on the application for licensure as an education provider.
(3) Committing an act or omission involving
dishonesty, fraud, or misrepresentation or allowing any
such act or omission by any employee or contractor under
the control of the education provider.
(4) Engaging in misleading or untruthful advertising.
(5) Failing to retain competent instructors in
accordance with rules adopted under this Act.
(6) Failing to meet the topic or time requirements for
course approval as the provider of a pre-license
curriculum course or a continuing education course.
(7) Failing to administer an approved course using the
course materials, syllabus, and examinations submitted as
the basis of the course approval.

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(8) Failing to provide an appropriate classroom
environment for presentation of courses, with
consideration for student comfort, acoustics, lighting,
seating, workspace, and visual aid material.
(9) Failing to maintain student records in compliance
with the rules adopted under this Act.
(10) Failing to provide a certificate, transcript, or
other student record to the Department or to a student as
may be required by rule.
(11) Failing to fully cooperate with a Department
investigation by knowingly making a false statement,
submitting false or misleading information, or refusing to
provide complete information in response to written
interrogatories or a written request for documentation
within 30 days of the request.
(c) (Blank). In appropriate cases, the Department may
resolve a complaint against a licensee through the issuance of
a Consent to Administrative Supervision order. A licensee
subject to a Consent to Administrative Supervision order shall
be considered by the Department as an active licensee in good
standing. This order shall not be reported as or considered by
the Department to be a discipline of the licensee. The records
regarding an investigation and a Consent to Administrative
Supervision order shall be considered confidential and shall
not be released by the Department except as mandated by law.
The complainant shall be notified that his or her complaint

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has been resolved by a Consent to Administrative Supervision
order.
(d) The Department may refuse to issue or may suspend
without hearing, as provided for in the Code of Civil
Procedure, the license of any person who fails to file a tax
return, to pay the tax, penalty, or interest shown in a filed
tax return, or to pay any final assessment of tax, penalty, or
interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of the tax Act are satisfied in accordance with
subsection (g) of Section 2105-15 of the Civil Administrative
Code of Illinois.
(e) (Blank).
(f) In cases where the Department of Healthcare and Family
Services has previously determined that a licensee or a
potential licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the Department, the Department may refuse to
issue or renew or may revoke or suspend that person's license
or may take other disciplinary action against that person
based solely upon the certification of delinquency made by the
Department of Healthcare and Family Services in accordance
with item (5) of subsection (a) of Section 2105-15 of the Civil
Administrative Code of Illinois.
(g) The determination by a circuit court that a licensee
is subject to involuntary admission or judicial admission, as

HB0562 - 23 - LRB102 02734 SPS 12886 b
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of a court order so finding and discharging
the patient.
(h) (Blank). In enforcing this Act, the Department, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department may order the examining physician
to present testimony concerning the mental or physical
examination of the licensee or applicant. No information shall
be excluded by reason of any common law or statutory privilege
relating to communications between the licensee or applicant
and the examining physician. The examining physician shall be
specifically designated by the Department. The individual to
be examined may have, at his or her own expense, another
physician of his or her choice present during all aspects of
this examination. The examination shall be performed by a
physician licensed to practice medicine in all its branches.
Failure of an individual to submit to a mental or physical
examination, when directed, shall result in an automatic
suspension without hearing.
A person holding a license under this Act or who has

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applied for a license under this Act, who, because of a
physical or mental illness or disability, including, but not
limited to, deterioration through the aging process or loss of
motor skill, is unable to practice the profession with
reasonable judgment, skill, or safety, may be required by the
Department to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice. Submission to care, counseling,
or treatment as required by the Department shall not be
considered discipline of a license. If the licensee refuses to
enter into a care, counseling, or treatment agreement or fails
to abide by the terms of the agreement, the Department may file
a complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that
person's license must be convened by the Department within 15
days after the suspension and completed without appreciable
delay. The Department shall have the authority to review the
subject individual's record of treatment and counseling
regarding the impairment to the extent permitted by applicable
federal statutes and regulations safeguarding the

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confidentiality of medical records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate
to the Department that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(Source: P.A. 100-872, eff. 8-14-18.)
(225 ILCS 441/15-10.1 new)
Sec. 15-10.1. Citations.
(a) The Department may adopt rules to permit the issuance
of citations to any licensee for failure to comply with the
continuing education requirements set forth in this Act or as
established by rule. The citation shall be issued to the
licensee and shall contain the licensee's name, the licensee's
address, the licensee's license number, the number of required
hours of continuing education that have not been successfully
completed by the licensee within the renewal period, and the
penalty imposed, which shall not exceed $2,000. The issuance
of a citation shall not excuse the licensee from completing
all continuing education required for that renewal period.
(b) Service of a citation shall be made in person,
electronically, or by mail to the licensee at the licensee's
address of record or email address of record, and the citation
must clearly state that if the cited licensee wishes to
dispute the citation, the cited licensee may make a written

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request, within 30 days after the citation is served, for a
hearing before the Department. If the cited licensee does not
request a hearing within 30 days after the citation is served,
then the citation shall become a final, non-disciplinary
order, and any fine imposed is due and payable within 60 days
after that final order. If the cited licensee requests a
hearing within 30 days after the citation is served, the
Department shall afford the cited licensee a hearing conducted
in the same manner as a hearing provided for in this Act for
any violation of this Act and shall determine whether the
cited licensee committed the violation as charged and whether
the fine as levied is warranted. If the violation is found, any
fine shall constitute non-public discipline and be due and
payable within 30 days after the order of the Secretary, which
shall constitute a final order of the Department. No change in
license status may be made by the Department until a final
order of the Department has been issued.
(c) Payment of a fine that has been assessed pursuant to
this Section shall not constitute disciplinary action
reportable on the Department's website or elsewhere unless a
licensee has previously received 2 or more citations and been
assessed 2 or more fines.
(d) Nothing in this Section shall prohibit or limit the
Department from taking further action pursuant to this Act and
rules for additional, repeated, or continuing violations.

HB0562 - 27 - LRB102 02734 SPS 12886 b
(225 ILCS 441/15-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-15. Investigation; notice; hearing. The Department
may investigate the actions of any applicant or licensee or of
any person or persons rendering or offering to render home
inspection services or any person holding or claiming to hold
a license as a home inspector. The Department shall, before
refusing to issue or renew a license or to discipline a
licensee pursuant to Section 15-10, at least 30 days prior to
the date set for the hearing, (i) notify the accused in
writing, of the charges made and the time and place for the
hearing on the charges, (ii) direct the licensee or applicant
him or her to file a written answer with the Department under
oath within 20 days after the service of the notice, and (iii)
inform the applicant or licensee that failure to file an
answer will result in a default judgment being entered against
the applicant or licensee. At the time and place fixed in the
notice, the Department shall proceed to hear the charges and
the parties of their counsel shall be accorded ample
opportunity to present any pertinent statements, testimony,
evidence, and arguments. The Department may continue the
hearing from time to time. In case the person, after receiving
the notice, fails to file an answer, the his or her license,
may, in the discretion of the Department, be revoked,
suspended, placed on probationary status, or the Department
may take whatever disciplinary actions considered proper,

HB0562 - 28 - LRB102 02734 SPS 12886 b
including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for that action under the Act. The notice may be served
by personal delivery, by mail, or, at the discretion of the
Department, by electronic means to the address of record or
email address of record specified by the accused as last
updated with the Department. The written notice may be served
by personal delivery or by certified mail to the accused's
address of record.
A copy of the hearing officer's report or any Order of
Default, along with a copy of the original complaint giving
rise to the action, shall be served upon the applicant,
licensee, or unlicensed person by the Department to the
applicant, licensee, or unlicensed individual in the manner
provided in this Act for the service of a notice of hearing.
Within 20 days after service, the applicant or licensee may
present to the Department a motion in writing for a rehearing,
which shall specify the particular grounds for rehearing. The
Department may respond to the motion, or if a motion for
rehearing is denied, then upon denial, the Secretary may enter
an order in accordance with the recommendations of the hearing
officer. If the applicant or licensee orders from the
reporting service and pays for a transcript of the record
within the time for filing a motion for rehearing, then the
20-day period during which a motion may be filed shall

HB0562 - 29 - LRB102 02734 SPS 12886 b
commence upon the delivery of the transcript to the applicant
or licensee.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-20)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-20. Administrative Review Law; certification fees;
Illinois Administrative Procedure Act.
(a) All final administrative decisions of the Department
under this Act are subject to judicial review pursuant to the
provisions of the Administrative Review Law and the rules
adopted pursuant thereto. The term "administrative decision"
has the meaning ascribed to it in Section 3-101 of the
Administrative Review Law.
(b) The Department shall not be required to certify any
record to the court or file any answer in court or otherwise
appear in any court in a judicial review proceeding, unless
and until the Department has received from the plaintiff
payment of the costs of furnishing and certifying the record,
which costs shall be determined by the Department. Exhibits
shall be certified without cost. Failure on the part of the
plaintiff to file a receipt in court is grounds for dismissal
of the action.
(c) The Illinois Administrative Procedure Act is hereby
expressly adopted and incorporated herein. In the event of a
conflict between this Act and the Illinois Administrative

HB0562 - 30 - LRB102 02734 SPS 12886 b
Procedure Act, this Act shall control.
(d) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois,
the venue shall be in Sangamon County or Cook County.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-36 new)
Sec. 15-36. No private right of action. Except as
otherwise expressly provided for in this Act, nothing in this
Act shall be construed to grant to any person a private right
of action for damages or to enforce the provisions of this Act
or the rules adopted under this Act.
(225 ILCS 441/15-55)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-55. Returned checks and dishonored credit card
charges; penalty fee; revocation termination. A person who (1)
delivers a check or other payment to the Department that is
returned to the Department unpaid by the financial institution
upon which it was drawn shall pay to the Department; or (2)
presents a credit or debit card for payment that is invalid or
expired or against which charges by the Department are
declined or dishonored, in addition to the amount already
owed, a penalty fee of $50. The Department shall notify the
person, by certified mail return receipt requested, that the

HB0562 - 31 - LRB102 02734 SPS 12886 b
his or her check or payment was returned or that the credit
card charge was dishonored and that the person shall pay to the
Department by certified check or money order the amount of the
returned check plus a $50 penalty fee within 30 calendar days
after the date of the notification. If, after the expiration
of 30 calendar days of the notification, the person has failed
to remit the necessary funds and penalty, the Department shall
automatically revoke terminate the license or deny the
application without hearing. If the returned check or other
payment was for issuance of a license under this Act and that
person practices as a home inspector, that person may be
subject to discipline for unlicensed practice as provided in
this Act. If, after revocation termination or denial, the
person seeks a license, the applicant or licensee he or she
shall petition the Department for restoration or issuance of
the license and he or she may be subject to additional
discipline or fines. The Secretary may waive the penalties or
fines due under this Section in individual cases where the
Secretary finds that the penalties or fines would be
unreasonable or unnecessarily burdensome.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/15-60)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15-60. Violations; injunction; cease and desist
orders.

HB0562 - 32 - LRB102 02734 SPS 12886 b
(a) If any person violates a provision of this Act, the
Secretary may, in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois or the State's Attorney in the county in which the
offense occurs, petition for an order enjoining the violation
or for an order enforcing compliance with this Act. Upon the
filing of a verified petition in court, the court may issue a
temporary restraining order, without notice or bond, and may
preliminarily and permanently enjoin the violation. If it is
established that the person has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this Section shall be in addition to,
and not in lieu of, all other remedies and penalties provided
by this Act.
(b) If any person practices as a home inspector or holds
oneself himself or herself out as a home inspector without
being licensed under the provisions of this Act, then the
Secretary, any licensed home inspector, any interested party,
or any person injured thereby may petition for relief as
provided in subsection (a) of this Section or may apply to the
circuit court of the county in which the violation or some part
thereof occurred, or in which the person complained of resides
or has a his or her principal place of business or resides, to
prevent the violation. The court has jurisdiction to enforce
obedience by injunction or by other process restricting the
person complained of from further violation and may enjoin

HB0562 - 33 - LRB102 02734 SPS 12886 b
enjoining upon the person him or her obedience.
(c) Whoever knowingly practices or offers to practice home
inspection in this State without a license for that purpose
shall be guilty of a Class A misdemeanor for the first offense
and shall be guilty of a Class 4 felony for the second and any
subsequent offense.
(d) Whenever, in the opinion of the Department, a person
violates any provision of this Act, the Department may issue a
rule to show cause why an order to cease and desist should not
be entered against that person. The rule shall clearly set
forth the grounds relied upon by the Department and shall
provide a period of 7 days from the date of the rule to file an
answer to the satisfaction of the Department. Failure to
answer to the satisfaction of the Department shall cause an
order to cease and desist to be issued.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/20-5)
(Section scheduled to be repealed on January 1, 2022)
Sec. 20-5. Education provider.
(a) Only education providers licensed by the Department
may provide the pre-license and continuing education courses
required for licensure under this Act.
(b) A person or entity seeking to be licensed as an
education provider under this Act shall provide satisfactory
evidence of the following:

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(1) a sound financial base for establishing,
promoting, and delivering the necessary courses;
(2) a sufficient number of qualified instructors;
(3) adequate support personnel to assist with
administrative matters and technical assistance;
(4) a written policy dealing with procedures for
management of grievances and fee refunds;
(5) a qualified school administrator, who is
responsible for the administration of the school, courses,
and the actions of the instructors; and
(6) any other requirements provided by rule.
(c) All applicants for an education provider's license
shall make initial application to the Department in a manner
prescribed on forms provided by the Department and pay the
appropriate fee as provided by rule. In addition to any other
information required to be contained in the application as
prescribed by rule, every application for an original or
renewed license shall include the applicant's tax
identification number. The term, expiration date, and renewal
of an education provider's license shall be established by
rule.
(d) An education provider shall provide each successful
course participant with a certificate of completion signed by
the school administrator. The format and content of the
certificate shall be specified by rule.
(e) All education providers shall provide to the

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Department a monthly roster of all successful course
participants as provided by rule.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-15. Liaison; duties. The Secretary shall appoint
an employee of the Department to:
(1) (blank);
(2) be the direct liaison between the Department, peer
review advisors, the profession, home inspectors, and
related industry organizations and associations; and
(3) prepare and circulate to licensees such
educational and informational material as the Department
deems necessary for providing guidance or assistance to
licensees.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-27)
(Section scheduled to be repealed on January 1, 2022)
Sec. 25-27. Subpoenas; depositions; oaths.
(a) The Department may subpoena and bring before it any
person to take oral or written testimony or compel the
production of any books, papers, records, or any other
documents the Secretary or the Secretary's his or her designee
deems relevant or material to any investigation or hearing

HB0562 - 36 - LRB102 02734 SPS 12886 b
conducted by the Department with the same fees and in the same
manner as prescribed in civil cases in the courts of this
State.
(b) Any circuit court, upon the application of the
licensee or the Department, may order the attendance and
testimony of witnesses and the production of relevant
documents, files, records, books, and papers in connection
with any hearing or investigation. The circuit court may
compel obedience to its order by proceedings for contempt.
(c) The Secretary, the hearing officer, any member of the
Board, or a certified shorthand court reporter may administer
oaths at any hearing the Department conducts. Notwithstanding
any other statute or Department rule to the contrary, all
requests for testimony, production of documents, or records
shall be in accordance with this Act.
(Source: P.A. 97-226, eff. 7-28-11.)
(225 ILCS 441/25-17 rep.)
Section 15. The Home Inspector License Act is amended by
repealing Section 25-17.
Section 99. Effective date. This Act takes effect January
1, 2022, except that this Section and Section 5 take effect
upon becoming law.
HB0562 - 37 - LRB102 02734 SPS 12886 b
INDEX
Statutes amended in order of appearance
5 ILCS 80/4.32
5 ILCS 80/4.41 new
225 ILCS 441/1-10
225 ILCS 441/1-12 new
225 ILCS 441/5-5
225 ILCS 441/5-10
225 ILCS 441/5-12
225 ILCS 441/5-16
225 ILCS 441/5-17
225 ILCS 441/5-20
225 ILCS 441/5-30
225 ILCS 441/5-50 new
225 ILCS 441/10-10
225 ILCS 441/15-10
225 ILCS 441/15-10.1 new
225 ILCS 441/15-15
225 ILCS 441/15-20
225 ILCS 441/15-36 new
225 ILCS 441/15-55
225 ILCS 441/15-60
225 ILCS 441/20-5
225 ILCS 441/25-15
225 ILCS 441/25-27
HB0562 - 38 - LRB102 02734 SPS 12886 b