Bill Text: IL HB0731 | 2021-2022 | 102nd General Assembly | Engrossed


Bill Title: Amends the Local Government Taxpayers' Bill of Rights Act. Provides that, for utility taxes, no notice of determination of tax due or assessment may be issued more than 7 years (currently, 4 years) after the end of the calendar year for which the return for the period was filed or the end of the calendar year in which the return for the period was due, whichever occurs later. Provides that a municipality may annually (currently, every 2 years) request certain information from a utility that the municipality reasonably requires in order to perform an audit. Provides that the utility may provide certain premises-specific information to the municipality but may not provide customer-specific information. Amends the Public Utilities Act. Provides that the Illinois Commerce Commission shall not consider (i) certain court costs, attorney's fees, penalties, or interest to be an expense of any public utility company when determining a rate or charge. Makes other changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2021-07-18 - Rule 19(b) / Re-referred to Rules Committee [HB0731 Detail]

Download: Illinois-2021-HB0731-Engrossed.html



HB0731 EngrossedLRB102 14457 SPS 19809 b
1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.32 and 4.37 as follows:
6 (5 ILCS 80/4.32)
7 Sec. 4.32. Acts repealed on January 1, 2022. The following
8Acts are repealed on January 1, 2022:
9 The Boxing and Full-contact Martial Arts Act.
10 The Cemetery Oversight Act.
11 The Collateral Recovery Act.
12 The Community Association Manager Licensing and
13Disciplinary Act.
14 The Crematory Regulation Act.
15 The Detection of Deception Examiners Act.
16 The Home Inspector License Act.
17 The Illinois Health Information Exchange and Technology
18Act.
19 The Medical Practice Act of 1987.
20 The Registered Interior Designers Act.
21 The Massage Licensing Act.
22 The Petroleum Equipment Contractors Licensing Act.
23 The Radiation Protection Act of 1990.

HB0731 Engrossed- 2 -LRB102 14457 SPS 19809 b
1 The Real Estate Appraiser Licensing Act of 2002.
2 The Water Well and Pump Installation Contractor's License
3Act.
4(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
5101-614, eff. 12-20-19; 101-639, eff. 6-12-20.)
6 (5 ILCS 80/4.37)
7 Sec. 4.37. Acts and Articles repealed on January 1, 2027.
8The following are repealed on January 1, 2027:
9 The Clinical Psychologist Licensing Act.
10 The Illinois Optometric Practice Act of 1987.
11 Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
12XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
13 The Boiler and Pressure Vessel Repairer Regulation Act.
14 The Marriage and Family Therapy Licensing Act.
15 The Community Association Manager Licensing and
16Disciplinary Act.
17(Source: P.A. 99-572, eff. 7-15-16; 99-909, eff. 12-16-16;
1899-910, eff. 12-16-16; 99-911, eff. 12-16-16; 100-201, eff.
198-18-17; 100-372, eff. 8-25-17.)
20 Section 10. The Community Association Manager Licensing
21and Disciplinary Act is amended by changing Sections 10, 15,
2220, 25, 27, 30, 40, 45, 50, 55, 60, 65, 70, 75, 85, 90, 92, 95,
23115, 120, 140, 145, 155, and 165 and by adding Sections 12, 41,
2485.1, 86, 161, and 162 as follows:

HB0731 Engrossed- 3 -LRB102 14457 SPS 19809 b
1 (225 ILCS 427/10)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 10. Definitions. As used in this Act:
4 "Address of record" means the designated street address,
5which may not be a post office box, recorded by the Department
6in the applicant's or licensee's application file or license
7file maintained by the Department Department's licensure
8maintenance unit. It is the duty of the applicant or licensee
9to inform the Department of any change of address, and such
10changes must be made either through the Department's website
11or by contacting the Department's licensure maintenance unit.
12 "Advertise" means, but is not limited to, issuing or
13causing to be distributed any card, sign or device to any
14person; or causing, permitting or allowing any sign or marking
15on or in any building, structure, newspaper, magazine or
16directory, or on radio or television; or advertising by any
17other means designed to secure public attention, including,
18but not limited to, print, electronic, social media, and
19digital forums.
20 "Board" means the Community Association Manager Licensing
21and Disciplinary Board.
22 "Community association" means an association in which
23membership is a condition of ownership or shareholder interest
24of a unit in a condominium, cooperative, townhouse, villa, or
25other residential unit which is part of a residential

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1development plan and that is authorized to impose an
2assessment, rents, or other costs that may become a lien on the
3unit or lot.
4 "Community association funds" means any assessments, fees,
5fines, or other funds collected by the community association
6manager from the community association, or its members, other
7than the compensation paid to the community association
8manager for performance of community association management
9services.
10 "Community association management firm" means a company,
11corporation, limited liability company, partnership, or other
12entity that engages in community association management
13services.
14 "Community association management services" means those
15services listed in the definition of community association
16manager in this Section.
17 "Community association manager" means an individual who:
18 (1) has an ownership interest in or is employed by a
19 community association management firm, or is directly
20 employed by or provides services as an independent
21 contractor to a community association; and
22 (2) administers for remuneration the financial,
23 administrative, maintenance, or other duties for the
24 community association, including the following services:
25 (A) collecting, controlling or disbursing funds of
26 the community association or having the authority to

HB0731 Engrossed- 5 -LRB102 14457 SPS 19809 b
1 do so;
2 (B) preparing budgets or other financial documents
3 for the community association;
4 (C) assisting in the conduct of community
5 association meetings;
6 (D) maintaining association records; and
7 (E) administering administrating association
8 contracts or procuring goods and services in
9 accordance with , as stated in the declaration, bylaws,
10 proprietary lease, declaration of covenants, or other
11 governing document of the community association or at
12 the direction of the board of managers; and
13 (F) coordinating financial, administrative,
14 maintenance, or other duties called for in the
15 management contract, including individuals who are
16 direct employees of the community association.
17 "Community association manager" does not mean support
18staff, including, but not limited to bookkeepers,
19administrative assistants, secretaries, property inspectors,
20or customer service representatives.
21 "Department" means the Department of Financial and
22Professional Regulation.
23 "Designated community association manager" means a
24licensed community association manager who: (1) has an
25ownership interest in or is employed by a community
26association management firm to act as a controlling person;

HB0731 Engrossed- 6 -LRB102 14457 SPS 19809 b
1and (2) is the authorized signatory or has delegated signing
2authority for the firm on community association accounts; and
3(3) supervises, manages, and is responsible for the firm's
4community association manager activities pursuant to Section
550 of this Act.
6 "Email address of record" means the designated email
7address recorded by the Department in the applicant's
8application file or the licensee's license file, as maintained
9by the Department.
10 "License" means the privilege conferred by the Department
11to a person that has fulfilled all requirements prerequisite
12to any type of licensure under this Act license issued to a
13person, corporation, partnership, limited liability company,
14or other legal entity under this Act to provide community
15association management services.
16 "Licensee" means a community association manager or a
17community association management firm.
18 "Person" means any individual, corporation, partnership,
19limited liability company, or other legal entity.
20 "Secretary" means the Secretary of Financial and
21Professional Regulation or the Secretary's designee.
22 "Supervising community association manager" means an
23individual licensed as a community association manager who
24manages and supervises a firm.
25(Source: P.A. 100-201, eff. 8-18-17.)

HB0731 Engrossed- 7 -LRB102 14457 SPS 19809 b
1 (225 ILCS 427/12 new)
2 Sec. 12. Address of record; email address of record. All
3applicants and licensees shall:
4 (1) provide a valid address and email address to the
5 Department, which shall serve as the address of record and
6 email address of record, respectively, at the time of
7 application for licensure or renewal of a license; and
8 (2) inform the Department of any change of address of
9 record or email address of record within 14 days after
10 such change through the Department's website or in a
11 manner prescribed by the Department.
12 (225 ILCS 427/15)
13 (Section scheduled to be repealed on January 1, 2022)
14 Sec. 15. License required. It shall be unlawful for any
15person, corporation, partnership, limited liability company,
16or other entity to provide community association management
17services, provide services as a community association manager,
18or hold the person himself, herself, or itself out as a
19community association manager or community association
20management firm to any community association in this State,
21unless the person holds he, she, or it holds a current and
22valid license issued licensed by the Department or the person
23is otherwise exempt from licensure under this Act.
24(Source: P.A. 98-365, eff. 1-1-14.)

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1 (225 ILCS 427/20)
2 (Section scheduled to be repealed on January 1, 2022)
3 Sec. 20. Exemptions.
4 (a) The requirement for holding a license under this Act
5shall not apply to any of the following:
6 (1) Any director or , officer, or member of a community
7 association providing one or more of the services of a
8 community association manager to a community association
9 without compensation for such services to the association.
10 (2) Any person, corporation, partnership, or limited
11 liability company providing one or more of the services of
12 a community association manager to a community association
13 of 10 units or less.
14 (3) A licensed attorney acting solely as an incident
15 to the practice of law.
16 (4) An individual A person acting as a receiver,
17 trustee in bankruptcy, administrator, executor, or
18 guardian acting under a court order or under the authority
19 of a court will or of a trust instrument.
20 (5) A person licensed in this State under any other
21 Act who engages in practices or activities specifically
22 authorized by the Act pursuant to which the license was
23 granted from engaging the practice for which he or she is
24 licensed.
25 (b) A licensed community association manager may not
26perform or engage in any activities for which a real estate

HB0731 Engrossed- 9 -LRB102 14457 SPS 19809 b
1managing broker, or real estate broker, or residential leasing
2agent broker's license is required under the Real Estate
3License Act of 2000, unless the licensee he or she also
4possesses a current and valid license under the Real Estate
5License Act of 2000 and is providing those services as
6provided for in the Real Estate License Act of 2000 and the
7applicable rules.
8 (c) (Blank). A person may temporarily act as, or provide
9services as, a community association manager without being
10licensed under this Act if the person (i) is a community
11association manager regulated under the laws of another state
12or territory of the United States or another country and (ii)
13has applied in writing to the Department, on forms prepared
14and furnished by the Department, for licensure under this Act.
15This temporary right to act as a community association manager
16shall expire 6 months after the filing of his or her written
17application to the Department; upon the withdrawal of the
18application for licensure under this Act; or upon delivery of
19a notice of intent to deny the application from the
20Department; or upon the denial of the application by the
21Department, whichever occurs first.
22(Source: P.A. 98-365, eff. 1-1-14.)
23 (225 ILCS 427/25)
24 (Section scheduled to be repealed on January 1, 2022)
25 Sec. 25. Community Association Manager Licensing and

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1Disciplinary Board.
2 (a) There is hereby created the Community Association
3Manager Licensing and Disciplinary Board, which shall consist
4of 7 members appointed by the Secretary. All members must be
5residents of the State and must have resided in the State for
6at least 5 years immediately preceding the date of
7appointment. Five members of the Board must be licensees under
8this Act, at least two members of which shall be supervising
9community association managers. Two members of the Board shall
10be owners of, or hold a shareholder's interest in, a unit in a
11community association at the time of appointment who are not
12licensees under this Act and have no direct affiliation or
13work experience with the community association's community
14association manager. This Board shall act in an advisory
15capacity to the Department.
16 (b) The term of each member Members serving on the Board on
17the effective date of this amendatory Act of the 100th General
18Assembly may serve the remainder of their unexpired terms.
19Thereafter, the members' terms shall be for 4 years or until
20that member's successor is appointed and expire upon
21completion of the term. No member shall be reappointed to the
22Board for a term that would cause the member's his or her
23cumulative service to the Board to exceed 10 years.
24Appointments to fill vacancies shall be made by the Secretary
25for the unexpired portion of the term. The Secretary shall
26remove from the Board any member whose license has become void

HB0731 Engrossed- 11 -LRB102 14457 SPS 19809 b
1or has been revoked or suspended and may remove any member of
2the Board for neglect of duty, misconduct, or incompetence. A
3member who is subject to formal disciplinary proceedings shall
4be disqualified disqualify himself or herself from all Board
5business until the charge is resolved. A member also shall be
6disqualified disqualify himself or herself from any matter on
7which the member cannot act objectively.
8 (c) Four Board members shall constitute a quorum. A quorum
9is required for all Board decisions.
10 (d) The Board shall elect annually, at its first meeting
11of the fiscal year, a chairperson and vice chairperson.
12 (e) Each member shall receive reimbursement as set by the
13Governor's Travel Control Board for expenses incurred in
14carrying out the duties as a Board member. The Board shall be
15compensated as determined by the Secretary.
16 (f) The Board may recommend policies, procedures, and
17rules relevant to the administration and enforcement of this
18Act.
19(Source: P.A. 100-886, eff. 8-14-18.)
20 (225 ILCS 427/27)
21 (Section scheduled to be repealed on January 1, 2022)
22 Sec. 27. Immunity from liability. Any member of the Board,
23any attorney providing advice to the Board or Department, any
24person acting as a consultant to the Board or Department, and
25any witness testifying in a proceeding authorized under this

HB0731 Engrossed- 12 -LRB102 14457 SPS 19809 b
1Act, excluding the party making the complaint, shall be immune
2from liability in any civil action brought against him or her
3for acts occurring while acting in one's his or her capacity as
4a Board member, attorney, consultant, or witness,
5respectively, unless the conduct that gave rise to the action
6was willful or wanton misconduct.
7(Source: P.A. 98-365, eff. 1-1-14.)
8 (225 ILCS 427/30)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 30. Powers and duties of the Department. The
11Department may exercise the following functions, powers and
12duties:
13 (a) formulate rules for the administration and
14 enforcement of this Act;
15 (b) prescribe forms to be issued for the
16 administration and enforcement of this Act and utilize
17 regular or electronic mail, at the discretion of the
18 Department, to send notices and other information to
19 applicants and licensees;
20 (c) conduct hearings or proceedings to refuse to issue
21 or , renew, or to suspend, revoke, place on probation,
22 reprimand, or take disciplinary or non-disciplinary action
23 as the Department may deem appropriate under this Act;
24 (d) (blank); maintain a roster of the names and
25 addresses of all licensees in a manner as deemed

HB0731 Engrossed- 13 -LRB102 14457 SPS 19809 b
1 appropriate by the Department; and
2 (e) seek the advice and expert knowledge of the Board
3 on any matter relating to the administration and
4 enforcement of this Act; and .
5 (f) exercise any and all general powers and duties set
6 forth in Section 2105-15 of the Department of Professional
7 Regulation Law of the Civil Administrative Code of
8 Illinois.
9(Source: P.A. 96-726, eff. 7-1-10.)
10 (225 ILCS 427/40)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 40. Qualifications for licensure as a community
13association manager.
14 (a) No person shall be qualified for licensure as a
15community association manager under this Act, unless the
16person he or she has applied in writing on the prescribed forms
17and has paid the required, nonrefundable fees and has met
18meets all of the following qualifications:
19 (1) Is He or she is at least 18 years of age.
20 (1.5) Successfully completed a 4-year course of study
21 in a high school, secondary school, or an equivalent
22 course of study approved by the state in which the school
23 is located, or possess a high school equivalency
24 certificate, which shall be verified under oath by the
25 applicant.

HB0731 Engrossed- 14 -LRB102 14457 SPS 19809 b
1 (2) Provided He or she provides satisfactory evidence
2 of having completed at least 20 classroom hours in
3 community association management courses approved by the
4 Board.
5 (3) Passed He or she has passed an examination
6 authorized by the Department.
7 (4) Has He or she has not committed an act or acts, in
8 this or any other jurisdiction, that would be a violation
9 of this Act.
10 (5) Is He or she is of good moral character. In
11 determining moral character under this Section, the
12 Department may take into consideration whether the
13 applicant has engaged in conduct or activities that would
14 constitute grounds for discipline under this Act. Good
15 moral character is a continuing requirement of licensure.
16 Conviction of crimes may be used in determining moral
17 character, but shall not constitute an absolute bar to
18 licensure.
19 (6) Has He or she has not been declared by any court of
20 competent jurisdiction to be incompetent by reason of
21 mental or physical defect or disease, unless a court has
22 subsequently declared by a court him or her to be
23 competent.
24 (7) Complies He or she complies with any additional
25 qualifications for licensure as determined by rule of the
26 Department.

HB0731 Engrossed- 15 -LRB102 14457 SPS 19809 b
1 (b) (Blank). The education requirement set forth in item
2(2) of subsection (a) of this Section shall not apply to
3persons holding a real estate managing broker or real estate
4broker license in good standing issued under the Real Estate
5License Act of 2000.
6 (c) (Blank). The examination and initial education
7requirement of items (2) and (3) of subsection (a) of this
8Section shall not apply to any person who within 6 months from
9the effective date of the requirement for licensure, as set
10forth in Section 170 of this Act, applies for a license by
11providing satisfactory evidence to the Department of
12qualifying experience or education, as may be set forth by
13rule, including without limitation evidence that he or she has
14practiced community association management for a period of 5
15years.
16 (d) Applicants have 3 years from the date of application
17to complete the application process. If the process has not
18been completed within the 3 years, the application shall be
19denied, the fee shall be forfeited, and the applicant must
20reapply and meet the requirements in effect at the time of
21re-application.
22 (e) The Department shall not require applicants to report
23the following information and shall not consider the following
24criminal history records in connection with an application for
25licensure:
26 (1) juvenile adjudications of delinquent minors as

HB0731 Engrossed- 16 -LRB102 14457 SPS 19809 b
1 defined in Section 5-105 of the Juvenile Court Act of 1987
2 subject to the restrictions set forth in Section 5-130 of
3 that Act;
4 (2) law enforcement records, court records, and
5 conviction records of an individual who was 17 years old
6 at the time of the offense and before January 1, 2014,
7 unless the nature of the offense required the individual
8 to be tried as an adult;
9 (3) records of arrest not followed by a charge or
10 conviction;
11 (4) records of arrest in which the charges were
12 dismissed unless related to the practice of the
13 profession; however, applicants shall not be asked to
14 report any arrests, and an arrest not followed by a
15 conviction shall not be the basis of a denial and may be
16 used only to assess an applicant's rehabilitation;
17 (5) convictions overturned by a higher court; or
18 (6) convictions or arrests that have been sealed or
19 expunged.
20 (f) An applicant or licensee shall report to the
21Department, in a manner prescribed by the Department, and
22within 30 days after the occurrence if during the term of
23licensure: (i) any conviction of or plea of guilty or nolo
24contendere to forgery, embezzlement, obtaining money under
25false pretenses, larceny, extortion, conspiracy to defraud, or
26any similar offense or offenses or any conviction of a felony

HB0731 Engrossed- 17 -LRB102 14457 SPS 19809 b
1involving moral turpitude; (ii) the entry of an administrative
2sanction by a government agency in this State or any other
3jurisdiction that has as an essential element dishonesty or
4fraud or involves larceny, embezzlement, or obtaining money,
5property, or credit by false pretenses; or (iii) any
6conviction of or plea of guilty or nolo contendere to a crime
7that subjects the licensee to compliance with the requirements
8of the Sex Offender Registration Act.
9(Source: P.A. 100-892, eff. 8-14-18.)
10 (225 ILCS 427/41 new)
11 Sec. 41. Qualifications for licensure as a community
12association management firm. Any person who desires to obtain
13a community association management firm license must:
14 (1) apply to the Department on forms prescribed by the
15 Department and pay the required fee;
16 (2) provide evidence to the Department that the
17 community association management firm has a licensed and
18 designated community association manager;
19 (3) be authorized to conduct business in the State of
20 Illinois and provide proof of such authorization to the
21 Department; and
22 (4) comply with all requirements as may be set forth
23 by rule.
24 (225 ILCS 427/45)

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1 (Section scheduled to be repealed on January 1, 2022)
2 Sec. 45. Examinations.
3 (a) The Department shall authorize examinations of
4applicants for licensure as a community association manager at
5such times and places as it may determine. The examination of
6applicants shall be of a character to give a fair test of the
7qualifications of the applicant to practice as a community
8association manager.
9 (b) Applicants for examination shall be required to pay,
10either to the Department or the designated testing service, a
11fee covering the cost of providing the examination.
12 (c) The Department may employ consultants to prepare and
13conduct for the purpose of preparing and conducting
14examinations.
15 (d) An applicant shall be eligible to take the examination
16only after successfully completing the education requirements
17set forth in this Act and attaining the minimum education and
18age required under this Act.
19 (e) (Blank). The examination approved by the Department
20should utilize the basic principles of professional testing
21standards utilizing psychometric measurement. The examination
22shall use standards set forth by the National Organization for
23Competency Assurances and shall be approved by the Department.
24(Source: P.A. 96-726, eff. 7-1-10.)
25 (225 ILCS 427/50)

HB0731 Engrossed- 19 -LRB102 14457 SPS 19809 b
1 (Section scheduled to be repealed on January 1, 2022)
2 Sec. 50. Community association management firm.
3 (a) No corporation, partnership, limited liability
4company, or other legal entity shall provide or offer to
5provide community association management services, unless it
6has applied in writing on the prescribed forms and has paid the
7required nonrefundable fees and provided evidence to the
8Department that the firm has designated a licensed supervising
9community association manager to supervise and manage the
10firm. Having a A designated supervising community association
11manager shall be a continuing requirement of firm licensure.
12No supervising community association manager may be the
13supervising community association manager for more than one
14firm.
15 (b) Any corporation, partnership, limited liability
16company, or other legal entity that is providing, or offering
17to provide, community association management services and is
18not in compliance with this Section 50 and other provisions of
19this Act shall be subject to the civil penalties fines,
20injunctions, cease and desist provisions, and penalties
21provided for in Sections 90, 92, and 155 of this Act.
22 (c) No community association manager may be the designated
23community association manager licensee-in-charge for more than
24one firm, corporation, limited liability company, partnership,
25or other legal entity. The designated community association
26manager shall supervise and manage all licensed and unlicensed

HB0731 Engrossed- 20 -LRB102 14457 SPS 19809 b
1employees acting on behalf of the community association
2management firm. The designated community association manager
3shall supervise and manage all independent contractors
4providing community association management services on behalf
5of the community association management firm. The community
6association management firm and the designated community
7association manager shall be responsible for all actions of
8which they had knowledge taken on behalf of the community
9association management firm.
10 (d) The Department may adopt rules and set all necessary
11requirements for the implementation of this Section.
12(Source: P.A. 98-365, eff. 1-1-14.)
13 (225 ILCS 427/55)
14 (Section scheduled to be repealed on January 1, 2022)
15 Sec. 55. Fidelity insurance; segregation of accounts.
16 (a) The designated supervising community association
17manager or the community association management firm that
18employs the designated community association manager with
19which he or she is employed shall not have access to and
20disburse community association funds unless each of the
21following conditions occur:
22 (1) There is fidelity insurance in place to insure
23 against loss or for theft of community association funds.
24 (2) The fidelity insurance is in the maximum amount of
25 coverage available to protect funds in the custody or not

HB0731 Engrossed- 21 -LRB102 14457 SPS 19809 b
1 less than all moneys under the control of the designated
2 supervising community association manager or the employing
3 community association management firm providing service to
4 for the association.
5 (3) During the term and coverage period of the
6 insurance, the The fidelity insurance shall cover covers
7 the :
8 (A) the designated community association manager; ,
9 supervising community association manager, and
10 (B) the community association management firm;
11 (C) all community association managers;
12 (D) all all partners, officers, and employees of
13 the community association management firm; and during
14 the term of the insurance coverage, which shall be at
15 least for the same term as the service agreement
16 between the community association management firm or
17 supervising community association manager as well as
18 (E) the community association officers, directors,
19 and employees.
20 (4) The insurance company issuing the fidelity
21 insurance may not cancel or refuse to renew the bond
22 without giving at least 10 days' prior written notice.
23 (5) Unless an agreement between the community
24 association and the designated supervising community
25 association manager or the community association
26 management firm provides to the contrary, a community

HB0731 Engrossed- 22 -LRB102 14457 SPS 19809 b
1 association may secure and pay for the fidelity insurance
2 required by this Section. The designated supervising
3 community association manager, all other licensees, and or
4 the community association management firm must be named as
5 additional insured parties on the community association
6 policy.
7 (b) A community association management firm that provides
8community association management services for more than one
9community association shall maintain separate, segregated
10accounts for each community association or, with the consent
11of the community association, combine the accounts of one or
12more community associations, but in that event, separately
13account for the funds of each community association. The funds
14shall not, in any event, be commingled with the supervising
15community association manager's or community association
16management firm's funds. The funds shall not, in any event, be
17commingled with the funds of the community association
18manager, the community association management firm, or any
19other community association. The maintenance of such accounts
20shall be custodial, and such accounts shall be in the name of
21the respective community association or community association
22manager or Community Association Management Agency as the
23agent for the association.
24 (c) The designated supervising community association
25manager or community association management firm shall obtain
26the appropriate general liability and errors and omissions

HB0731 Engrossed- 23 -LRB102 14457 SPS 19809 b
1insurance, as determined by the Department, to cover any
2losses or claims against a the supervising community
3association manager, the designated community association
4manager, or the community association management firm.
5 (d) The Department shall have authority to promulgate
6additional rules regarding insurance, fidelity insurance and
7all accounts maintained and to be maintained by a community
8association manager, designated supervising community
9association manager, or community association management firm.
10(Source: P.A. 98-365, eff. 1-1-14.)
11 (225 ILCS 427/60)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 60. Licenses; renewals; restoration; person in
14military service.
15 (a) The expiration date, fees, and renewal period for each
16license issued under this Act shall be set by rule. The
17Department may promulgate rules requiring continuing education
18and set all necessary requirements for such, including but not
19limited to fees, approved coursework, number of hours, and
20waivers of continuing education.
21 (b) Any licensee who has an expired permitted his, her, or
22its license to expire may have the license restored by
23applying making application to the Department and filing proof
24acceptable to the Department of fitness to have the expired
25his, her, or its license restored, by which may include sworn

HB0731 Engrossed- 24 -LRB102 14457 SPS 19809 b
1evidence certifying to active practice in another jurisdiction
2satisfactory to the Department, complying with any continuing
3education requirements, and paying the required restoration
4fee.
5 (c) Any If the person has not maintained an active
6practice in another jurisdiction satisfactory to the
7Department, the Department shall determine, by an evaluation
8program established by rule, the person's fitness to resume
9active status and may require the person to complete a period
10of evaluated clinical experience and successful completion of
11a practical examination. However, any person whose license
12expired while (i) in federal service on active duty with the
13Armed Forces of the United States or called into service or
14training with the State Militia or (ii) in training or
15education under the supervision of the United States
16preliminary to induction into the military service may have
17the his or her license renewed or restored without paying any
18lapsed renewal fees if, within 2 years after honorable
19termination of the service, training or education, except
20under condition other than honorable, the licensee he or she
21furnishes the Department with satisfactory evidence of
22engagement to the effect that he or she has been so engaged and
23that the service, training, or education has been so honorably
24terminated.
25 (d) A community association manager or , community
26association management firm that or supervising community

HB0731 Engrossed- 25 -LRB102 14457 SPS 19809 b
1association manager who notifies the Department, in a manner
2writing on forms prescribed by the Department, may place the
3his, her, or its license on inactive status for a period not to
4exceed 2 years and shall be excused from the payment of renewal
5fees until the person notifies the Department in writing of
6the intention to resume active practice.
7 (e) A community association manager, community association
8management firm, or supervising community association manager
9requesting that the his, her, or its license be changed from
10inactive to active status shall be required to pay the current
11renewal fee and shall also demonstrate compliance with the
12continuing education requirements.
13 (f) No Any licensee with a nonrenewed or on inactive
14license status or community association management firm
15operation without a designated community association manager
16shall not provide community association management services as
17set forth in this Act.
18 (g) Any person violating subsection (f) of this Section
19shall be considered to be practicing without a license and
20will be subject to the disciplinary provisions of this Act.
21 (h) The Department shall not renew a license if the
22licensee has an unpaid fine from a disciplinary matter or an
23unpaid fee from a non-disciplinary action imposed by the
24Department until the fine or fee is paid to the Department or
25the licensee has entered into a payment plan and is current on
26the required payments.

HB0731 Engrossed- 26 -LRB102 14457 SPS 19809 b
1 (i) The Department shall not issue a license if the
2applicant has an unpaid fine imposed by the Department for
3unlicensed practice until the fine is paid to the Department
4or the applicant has entered into a payment plan and is current
5on the required payments.
6(Source: P.A. 98-365, eff. 1-1-14.)
7 (225 ILCS 427/65)
8 (Section scheduled to be repealed on January 1, 2022)
9 Sec. 65. Fees; Community Association Manager Licensing and
10Disciplinary Fund.
11 (a) The fees for the administration and enforcement of
12this Act, including, but not limited to, initial licensure,
13renewal, and restoration, shall be set by rule of the
14Department. The fees shall be nonrefundable.
15 (b) In addition to the application fee, applicants for the
16examination are required to pay, either to the Department or
17the designated testing service, a fee covering the cost of
18determining an applicant's eligibility and providing the
19examination. Failure to appear for the examination on the
20scheduled date, at the time and place specified, after the
21applicant's application and fee for examination have been
22received and acknowledged by the Department or the designated
23testing service, shall result in the forfeiture of the fee.
24 (c) All fees, fines, penalties, or other monies received
25or collected pursuant to this Act shall be deposited in the

HB0731 Engrossed- 27 -LRB102 14457 SPS 19809 b
1Community Association Manager Licensing and Disciplinary Fund.
2 (d) Moneys in the Community Association Manager Licensing
3and Disciplinary Fund may be transferred to the Professions
4Indirect Cost Fund, as authorized under Section 2105-300 of
5the Department of Professional Regulation Law of the Civil
6Administrative Code of Illinois.
7(Source: P.A. 97-1021, eff. 8-17-12; 98-365, eff. 1-1-14.)
8 (225 ILCS 427/70)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 70. Penalty for insufficient funds; payments. Any
11person who:
12 (1) delivers a check or other payment to the
13 Department that is returned to the Department unpaid by
14 the financial institution upon which it is drawn; or
15 (2) presents a credit or debit card for payment that
16 is invalid or expired or against which charges by the
17 Department are declined or dishonored;
18shall pay to the Department, in addition to the amount already
19owed to the Department, a fine of $50. The Department shall
20notify the person that payment of fees and fines shall be paid
21to the Department by certified check or money order within 30
22calendar days after notification. If, after the expiration of
2330 days from the date of the notification, the person has
24failed to submit the necessary remittance, the Department
25shall automatically terminate the license or deny the

HB0731 Engrossed- 28 -LRB102 14457 SPS 19809 b
1application, without hearing. After If, after termination or
2denial, the person seeking seeks a license, he, she, or it
3shall apply to the Department for restoration or issuance of
4the license and pay all fees and fines due to the Department.
5The Department may establish a fee for the processing of an
6application for restoration of a license to pay all expenses
7of processing this application. The Secretary may waive the
8fines due under this Section in individual cases where the
9Secretary finds that the fines would be unreasonable or
10unnecessarily burdensome.
11(Source: P.A. 98-365, eff. 1-1-14.)
12 (225 ILCS 427/75)
13 (Section scheduled to be repealed on January 1, 2022)
14 Sec. 75. Endorsement. The Department may issue a
15community association manager or supervising community
16association manager license, without the required examination,
17to an applicant licensed under the laws of another state if the
18requirements for licensure in that state are, on the date of
19licensure, substantially equal to the requirements of this Act
20or to a person who, at the time of his or her application for
21licensure, possessed individual qualifications that were
22substantially equivalent to the requirements then in force in
23this State. An applicant under this Section shall pay all of
24the required fees.
25 All applicants under this Act Applicants have 3 years from

HB0731 Engrossed- 29 -LRB102 14457 SPS 19809 b
1the date of application to complete the application process.
2If the process has not been completed within the 3 years, the
3application shall be denied, the fee shall be forfeited, and
4the applicant must reapply and meet the requirements in effect
5at the time of reapplication.
6(Source: P.A. 98-365, eff. 1-1-14.)
7 (225 ILCS 427/85)
8 (Section scheduled to be repealed on January 1, 2022)
9 Sec. 85. Grounds for discipline; refusal, revocation, or
10suspension.
11 (a) The Department may refuse to issue or renew a license,
12or may place on probation, reprimand, suspend, or revoke any
13license, or take any other disciplinary or non-disciplinary
14action as the Department may deem proper and impose a fine not
15to exceed $10,000 for each violation upon any licensee or
16applicant under this Act or any person or entity who holds
17oneself himself, herself, or itself out as an applicant or
18licensee for any one or combination of the following causes:
19 (1) Material misstatement in furnishing information to
20 the Department.
21 (2) Violations of this Act or its rules.
22 (3) Conviction of or entry of a plea of guilty or plea
23 of nolo contendere, as set forth in subsection (f) of
24 Section 40, to (i) a felony or a misdemeanor under the laws
25 of the United States, any state, or any other jurisdiction

HB0731 Engrossed- 30 -LRB102 14457 SPS 19809 b
1 or entry of an administrative sanction by a government
2 agency in this State or any other jurisdiction or (ii) a
3 crime that subjects the licensee to compliance with the
4 requirements of the Sex Offender Registration Act; or the
5 entry of an administrative sanction by a government agency
6 in this State or any other jurisdiction. Action taken
7 under this paragraph (3) for a misdemeanor or an
8 administrative sanction is limited to a misdemeanor or
9 administrative sanction that has as an essential element
10 dishonesty or fraud, that involves larceny, embezzlement,
11 or obtaining money, property, or credit by false pretenses
12 or by means of a confidence game, or that is directly
13 related to the practice of the profession.
14 (4) Making any misrepresentation for the purpose of
15 obtaining a license or violating any provision of this Act
16 or its rules.
17 (5) Professional incompetence.
18 (6) Gross negligence.
19 (7) Aiding or assisting another person in violating
20 any provision of this Act or its rules.
21 (8) Failing, within 30 days, to provide information in
22 response to a request made by the Department.
23 (9) Engaging in dishonorable, unethical, or
24 unprofessional conduct of a character likely to deceive,
25 defraud or harm the public as defined by the rules of the
26 Department, or violating the rules of professional conduct

HB0731 Engrossed- 31 -LRB102 14457 SPS 19809 b
1 adopted by the Department.
2 (10) Habitual or excessive use or addiction to
3 alcohol, narcotics, stimulants, or any other chemical
4 agent or drug that results in the inability to practice
5 with reasonable judgment, skill, or safety.
6 (11) Having been disciplined by another state, the
7 District of Columbia, a territory, a foreign nation, or a
8 governmental agency authorized to impose discipline if at
9 least one of the grounds for the discipline is the same or
10 substantially equivalent of one of the grounds for which a
11 licensee may be disciplined under this Act. A certified
12 copy of the record of the action by the other state or
13 jurisdiction shall be prima facie evidence thereof.
14 (12) Directly or indirectly giving to or receiving
15 from any person, firm, corporation, partnership or
16 association any fee, commission, rebate, or other form of
17 compensation for any professional services not actually or
18 personally rendered.
19 (13) A finding by the Department that the licensee,
20 after having the his, her, or its license placed on
21 probationary status, has violated the terms of probation.
22 (14) Willfully making or filing false records or
23 reports relating to a licensee's practice, including but
24 not limited to false records filed with any State or
25 federal agencies or departments.
26 (15) Being named as a perpetrator in an indicated

HB0731 Engrossed- 32 -LRB102 14457 SPS 19809 b
1 report by the Department of Children and Family Services
2 under the Abused and Neglected Child Reporting Act and
3 upon proof by clear and convincing evidence that the
4 licensee has caused a child to be an abused child or
5 neglected child as defined in the Abused and Neglected
6 Child Reporting Act.
7 (16) Physical illness or mental illness or impairment,
8 including, but not limited to, deterioration through the
9 aging process or loss of motor skill that results in the
10 inability to practice the profession with reasonable
11 judgment, skill, or safety.
12 (17) Solicitation of professional services by using
13 false or misleading advertising.
14 (18) A finding that licensure has been applied for or
15 obtained by fraudulent means.
16 (19) Practicing or attempting to practice under a name
17 other than the full name as shown on the license or any
18 other legally authorized name unless approved by the
19 Department.
20 (20) Gross overcharging for professional services
21 including, but not limited to, (i) collection of fees or
22 moneys for services that are not rendered; and (ii)
23 charging for services that are not in accordance with the
24 contract between the licensee and the community
25 association.
26 (21) Improper commingling of personal and client funds

HB0731 Engrossed- 33 -LRB102 14457 SPS 19809 b
1 in violation of this Act or any rules promulgated thereto.
2 (22) Failing to account for or remit any moneys or
3 documents coming into the licensee's possession that
4 belong to another person or entity.
5 (23) Giving differential treatment to a person that is
6 to that person's detriment on the basis because of race,
7 color, creed, sex, ancestry, age, order of protection
8 status, marital status, physical or mental disability,
9 military status, unfavorable discharge from military
10 status, sexual orientation, pregnancy, religion, or
11 national origin.
12 (24) Performing and charging for services without
13 reasonable authorization to do so from the person or
14 entity for whom service is being provided.
15 (25) Failing to make available to the Department, upon
16 request, any books, records, or forms required by this
17 Act.
18 (26) Purporting to be a designated supervising
19 community association manager of a firm without active
20 participation in the firm and having been designated as
21 such.
22 (27) Failing to make available to the Department at
23 the time of the request any indicia of licensure or
24 registration issued under this Act.
25 (28) Failing to maintain and deposit funds belonging
26 to a community association in accordance with subsection

HB0731 Engrossed- 34 -LRB102 14457 SPS 19809 b
1 (b) of Section 55 of this Act.
2 (29) Violating the terms of a disciplinary order
3 issued by the Department.
4 (30) Operating a community association management firm
5 without a designated community association manager who
6 holds an active community association manager license.
7 (31) For a designated community association manager,
8 failing to meet the requirements for acting as a
9 designated community association manager.
10 (32) Failing to disclose to a community association
11 any compensation received by a licensee from a third party
12 in connection with or related to a transaction entered
13 into by the licensee on behalf of the community
14 association.
15 (33) Failing to disclose to a community association,
16 at the time of making the referral, that a licensee (A) has
17 greater than a 1% ownership interest in a third party to
18 which it refers the community association; or (B) receives
19 or may receive dividends or other profit sharing
20 distributions from a third party, other than a publicly
21 held or traded company, to which it refers the community
22 association.
23 (b) (Blank).
24 (c) The determination by a circuit court that a licensee
25is subject to involuntary admission or judicial admission, as
26provided in the Mental Health and Developmental Disabilities

HB0731 Engrossed- 35 -LRB102 14457 SPS 19809 b
1Code, operates as an automatic suspension. The suspension will
2terminate only upon a finding by a court that the patient is no
3longer subject to involuntary admission or judicial admission
4and the issuance of an order so finding and discharging the
5patient, and upon the recommendation of the Board to the
6Secretary that the licensee be allowed to resume his or her
7practice as a licensed community association manager.
8 (d) In accordance with subsection (g) of Section 2105-15
9of the Department of Professional Regulation Law of the Civil
10Administrative Code of Illinois (20 ILCS 2105/2105-15), the
11Department may refuse to issue or renew or may suspend the
12license of any person who fails to file a return, to pay the
13tax, penalty, or interest shown in a filed return, or to pay
14any final assessment of tax, penalty, or interest, as required
15by any tax Act administered by the Department of Revenue,
16until such time as the requirements of that tax Act are
17satisfied.
18 (e) In accordance with subdivision (a)(5) of Section
192105-15 of the Department of Professional Regulation Law of
20the Civil Administrative Code of Illinois (20 ILCS
212105/2105-15) and in cases where the Department of Healthcare
22and Family Services (formerly Department of Public Aid) has
23previously determined that a licensee or a potential licensee
24is more than 30 days delinquent in the payment of child support
25and has subsequently certified the delinquency to the
26Department, the Department may refuse to issue or renew or may

HB0731 Engrossed- 36 -LRB102 14457 SPS 19809 b
1revoke or suspend that person's license or may take other
2disciplinary action against that person based solely upon the
3certification of delinquency made by the Department of
4Healthcare and Family Services.
5 (f) (Blank). In enforcing this Section, the Department or
6Board upon a showing of a possible violation may compel a
7licensee or an individual licensed to practice under this Act,
8or who has applied for licensure under this Act, to submit to a
9mental or physical examination, or both, as required by and at
10the expense of the Department. The Department or Board may
11order the examining physician to present testimony concerning
12the mental or physical examination of the licensee or
13applicant. No information shall be excluded by reason of any
14common law or statutory privilege relating to communications
15between the licensee or applicant and the examining physician.
16The examining physicians shall be specifically designated by
17the Board or Department. The individual to be examined may
18have, at his or her own expense, another physician of his or
19her choice present during all aspects of this examination.
20Failure of an individual to submit to a mental or physical
21examination, when directed, shall be grounds for suspension of
22his or her license or denial of his or her application or
23renewal until the individual submits to the examination if the
24Department finds, after notice and hearing, that the refusal
25to submit to the examination was without reasonable cause.
26 If the Department or Board finds an individual unable to

HB0731 Engrossed- 37 -LRB102 14457 SPS 19809 b
1practice because of the reasons set forth in this Section, the
2Department or Board may require that individual to submit to
3care, counseling, or treatment by physicians approved or
4designated by the Department or Board, as a condition, term,
5or restriction for continued, reinstated, or renewed licensure
6to practice; or, in lieu of care, counseling, or treatment,
7the Department may file, or the Board may recommend to the
8Department to file, a complaint to immediately suspend,
9revoke, deny, or otherwise discipline the license of the
10individual. An individual whose license was granted,
11continued, reinstated, renewed, disciplined or supervised
12subject to such terms, conditions, or restrictions, and who
13fails to comply with such terms, conditions, or restrictions,
14shall be referred to the Secretary for a determination as to
15whether the individual shall have his or her license suspended
16immediately, pending a hearing by the Department.
17 In instances in which the Secretary immediately suspends a
18person's license under this Section, a hearing on that
19person's license must be convened by the Department within 30
20days after the suspension and completed without appreciable
21delay. The Department and Board shall have the authority to
22review the subject individual's record of treatment and
23counseling regarding the impairment to the extent permitted by
24applicable federal statutes and regulations safeguarding the
25confidentiality of medical records.
26 An individual licensed under this Act and affected under

HB0731 Engrossed- 38 -LRB102 14457 SPS 19809 b
1this Section shall be afforded an opportunity to demonstrate
2to the Department or Board that he or she can resume practice
3in compliance with acceptable and prevailing standards under
4the provisions of his or her license.
5(Source: P.A. 100-872, eff. 8-14-18.)
6 (225 ILCS 427/85.1 new)
7 Sec. 85.1. Citations.
8 (a) The Department may adopt rules to permit the issuance
9of citations to any licensee for failure to comply with the
10continuing education requirements set forth in this Act or as
11established by rule. The citation shall be issued to the
12licensee and a copy sent to the licensee's designated
13community association manager, and shall contain the
14licensee's name, the licensee's address, the licensee's
15license number, the number of required hours of continuing
16education that have not been successfully completed by the
17licensee within the renewal period, and the penalty imposed,
18which shall not exceed $2,000. The issuance of any such
19citation shall not excuse the licensee from completing all
20continuing education required for that renewal period.
21 (b) Service of a citation shall be made in person,
22electronically, or by mail to the licensee at the licensee's
23address of record or email address of record, and the citation
24must clearly state that if the cited licensee wishes to
25dispute the citation, the cited licensee may make a written

HB0731 Engrossed- 39 -LRB102 14457 SPS 19809 b
1request, within 30 days after the citation is served, for a
2hearing before the Department. If the cited licensee does not
3request a hearing within 30 days after the citation is served,
4then the citation shall become a final, non-disciplinary
5order, and any fine imposed is due and payable within 60 days
6after that final order. If the cited licensee requests a
7hearing within 30 days after the citation is served, the
8Department shall afford the cited licensee a hearing conducted
9in the same manner as a hearing provided for in this Act for
10any violation of this Act and shall determine whether the
11cited licensee committed the violation as charged and whether
12the fine as levied is warranted. If the violation is found, any
13fine shall constitute non-public discipline and be due and
14payable within 30 days after the order of the Secretary, which
15shall constitute a final order of the Department. No change in
16license status may be made by the Department until a final
17order of the Department has been issued.
18 (c) Payment of a fine that has been assessed pursuant to
19this Section shall not constitute disciplinary action
20reportable on the Department's website or elsewhere unless a
21licensee has previously received 2 or more citations and been
22assessed 2 or more fines.
23 (d) Nothing in this Section shall prohibit or limit the
24Department from taking further action pursuant to this Act and
25rules for additional, repeated, or continuing violations.

HB0731 Engrossed- 40 -LRB102 14457 SPS 19809 b
1 (225 ILCS 427/86 new)
2 Sec. 86. Illegal discrimination. When there has been an
3adjudication in a civil or criminal proceeding that a
4community association manager or community association
5management firm has illegally discriminated while engaged in
6any activity for which a license is required under this Act,
7the Department, upon the recommendation of the Board as to the
8extent of the suspension or revocation, shall suspend or
9revoke the license of that licensee in a timely manner, unless
10the adjudication is in the appeal process. When there has been
11an order in an administrative proceeding finding that a
12licensee has illegally discriminated while engaged in any
13activity for which a license is required under this Act, the
14Department, upon recommendation of the Board as to the nature
15and extent of the discipline, shall take one or more of the
16disciplinary actions provided for in Section 85 in a timely
17manner, unless the administrative order is in the appeal
18process.
19 (225 ILCS 427/90)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 90. Violations; injunctions; cease and desist orders.
22 (a) If any person violates a provision of this Act, the
23Secretary may, in the name of the People of the State of
24Illinois, through the Attorney General of the State of
25Illinois, petition for an order enjoining the violation or for

HB0731 Engrossed- 41 -LRB102 14457 SPS 19809 b
1an order enforcing compliance with this Act. Upon the filing
2of a verified petition in court, the court may issue a
3temporary restraining order, without notice or bond, and may
4preliminarily and permanently enjoin the violation. If it is
5established that the person has violated or is violating the
6injunction, the Court may punish the offender for contempt of
7court. Proceedings under this Section are in addition to, and
8not in lieu of, all other remedies and penalties provided by
9this Act.
10 (b) If any person provides , entity or other business may
11provide community association management services or provides
12provide services as a community association manager to any
13community association in this State without having a valid
14license under this Act or, in the case of a community
15association management firm, without a designated community
16association manager, then any licensee, any interested party,
17or any person injured thereby may, in addition to the
18Secretary, petition for relief as provided in subsection (a)
19of this Section.
20 (c) Whenever in the opinion of the Department any person,
21entity or other business violates any provision of this Act,
22the Department may issue a rule to show cause why an order to
23cease and desist should not be entered against such person,
24firm or other entity. The rule shall clearly set forth the
25grounds relied upon by the Department and shall provide a
26period of at least 7 days from the date of the rule to file an

HB0731 Engrossed- 42 -LRB102 14457 SPS 19809 b
1answer to the satisfaction of the Department. If the person,
2firm or other entity fails to file an answer satisfactory to
3the Department, the matter shall be considered as a default
4and the Department may cause an order to cease and desist to be
5issued immediately.
6(Source: P.A. 96-726, eff. 7-1-10.)
7 (225 ILCS 427/92)
8 (Section scheduled to be repealed on January 1, 2022)
9 Sec. 92. Unlicensed practice; violation; civil penalty.
10 (a) Any person, entity or other business who practices,
11offers to practice, attempts to practice, or holds oneself
12himself, herself or itself out to practice as a community
13association manager or community association management firm
14or provides provide services as a community association
15manager or community association management firm to any
16community association in this State without being licensed
17under this Act or, in the case of a community association
18management firm, without a designated community association
19manager shall, in addition to any other penalty provided by
20law, pay a civil penalty to the Department in an amount not to
21exceed $10,000 for each offense, as determined by the
22Department. The civil penalty shall be assessed by the
23Department after a hearing is held in accordance with the
24provisions set forth in this Act regarding the provision of a
25hearing for the discipline of a licensee.

HB0731 Engrossed- 43 -LRB102 14457 SPS 19809 b
1 (b) The Department may investigate any and all unlicensed
2activity.
3 (c) The civil penalty shall be paid within 60 days after
4the effective date of the order imposing the civil penalty.
5The order shall constitute a judgment and may be filed and
6execution had thereon in the same manner as any judgment from
7any court of record.
8(Source: P.A. 98-365, eff. 1-1-14.)
9 (225 ILCS 427/95)
10 (Section scheduled to be repealed on January 1, 2022)
11 Sec. 95. Investigation; notice and hearing. The
12Department may investigate the actions or qualifications of a
13person, entity or other business applying for, holding or
14claiming to hold, or holding oneself out as having a license or
15rendering or offering to render services for which a license
16is required by this Act and may notify their designated
17community association manager, if any, of the pending
18investigation. Before suspending, revoking, placing on
19probationary status, or taking any other disciplinary action
20as the Department may deem proper with regard to any license,
21at least 30 days before the date set for the hearing, the
22Department shall (i) notify the accused and their designated
23community association manager, if any, in writing of any
24charges made and the time and place for a hearing on the
25charges before the Board, (ii) direct the accused individual

HB0731 Engrossed- 44 -LRB102 14457 SPS 19809 b
1or entity to file a written answer to the charges with the
2Board under oath within 20 days after the service on the
3accused him or her of such notice, and (iii) inform the accused
4person, entity or other business that if the accused the
5person, entity, or other business fails to file an answer,
6default will be taken against the accused such person, entity,
7or other business and the license of the accused such person,
8entity, or other business may be suspended, revoked, placed on
9probationary status, or other disciplinary action taken with
10regard to the license, including limiting the scope, nature,
11or extent of related his or her practice, as the Department may
12deem proper. The Department shall serve notice under this
13Section by regular or electronic Written notice may be served
14by personal delivery or by registered or certified mail to the
15applicant's or licensee's applicant or licensee at his or her
16last address of record or email address of record as provided
17to with the Department. If the accused In case the person fails
18to file an answer after receiving notice, the his or her
19license may, in the discretion of the Department, be
20suspended, revoked, or placed on probationary status, or the
21Department may take whatever disciplinary action deemed
22proper, including limiting the scope, nature, or extent of the
23person's practice or the imposition of a fine, without a
24hearing, if the act or acts charged constitute sufficient
25grounds for such action under this Act. The written answer
26shall be served by personal delivery or regular , certified

HB0731 Engrossed- 45 -LRB102 14457 SPS 19809 b
1delivery, or certified or registered mail to the Department.
2At the time and place fixed in the notice, the Department shall
3proceed to hear the charges and the parties or their counsel
4shall be accorded ample opportunity to present such
5statements, testimony, evidence, and argument as may be
6pertinent to the charges or to the defense thereto. The
7Department may continue such hearing from time to time. At the
8discretion of the Secretary after having first received the
9recommendation of the Board, the accused person's license may
10be suspended, or revoked, or placed on probationary status or
11the Department may take whatever disciplinary action
12considered proper, including limiting the scope, nature, or
13extent of the person's practice or the imposition of a fine if
14the act or acts charged constitute sufficient grounds for that
15action under this Act. A copy of the Department's final order
16shall be delivered to the accused's designated community
17association manager or, if the accused is directly employed by
18a community association, to the board of managers of that
19association if known to the Department , if the evidence
20constitutes sufficient grounds for such action under this Act.
21(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)
22 (225 ILCS 427/115)
23 (Section scheduled to be repealed on January 1, 2022)
24 Sec. 115. Rehearing. At the conclusion of a hearing and
25following deliberation by the Board, a copy of the Board's

HB0731 Engrossed- 46 -LRB102 14457 SPS 19809 b
1report shall be served upon the applicant, licensee, or
2unlicensed person by the Department, either personally or as
3provided in this Act for the service of a notice of hearing. In
4any hearing involving disciplinary action against a licensee,
5a copy of the Board's report shall be served upon the
6respondent by the Department, either personally or as provided
7in this Act for the service of the notice of hearing. Within 20
8calendar days after service, the respondent may present to the
9Department a motion in writing for a rehearing that shall
10specify the particular grounds for rehearing. If no motion for
11rehearing is filed, then upon the expiration of the time
12specified for filing a motion, or if a motion for rehearing is
13denied, then upon denial, the Secretary may enter an order in
14accordance with recommendations of the Board, except as
15provided in this Act. If the respondent orders from the
16reporting service, and pays for, a transcript of the record
17within the time for filing a motion for rehearing, the 20
18calendar day period within which a motion may be filed shall
19commence upon the delivery of the transcript to the
20respondent.
21(Source: P.A. 96-726, eff. 7-1-10.)
22 (225 ILCS 427/120)
23 (Section scheduled to be repealed on January 1, 2022)
24 Sec. 120. Appointment of a hearing officer. The Secretary
25has the authority to appoint any attorney duly licensed to

HB0731 Engrossed- 47 -LRB102 14457 SPS 19809 b
1practice law in the State of Illinois to serve as the hearing
2officer in any action for refusal to issue or renew a license,
3or to discipline a licensee. The hearing officer has full
4authority to conduct the hearing. The hearing officer shall
5report the his findings and recommendations to the Board and
6the Secretary. At its next meeting following The Board has 60
7calendar days from receipt of the report, the Board shall to
8review the report of the hearing officer and present its
9findings of fact, conclusions of law, and recommendations to
10the Secretary.
11 If the Board fails to present its report within 30
12calendar days following its next meeting after receiving the
13report within the 60 calendar day period, the respondent may
14request in writing a direct appeal to the Secretary, in which
15case the Secretary shall, within 7 calendar days after the
16request, issue an order directing the Board to issue its
17findings of fact, conclusions of law, and recommendations to
18the Secretary within 30 calendar days after such order.
19 If the Board fails to issue its findings of fact,
20conclusions of law, and recommendations within that time frame
21to the Secretary after the entry of such order, the Secretary
22shall, within 30 calendar days thereafter, issue an order
23based upon the report of the hearing officer and the record of
24the proceedings or issue an order remanding the matter back to
25the hearing officer for additional proceedings in accordance
26with the order.

HB0731 Engrossed- 48 -LRB102 14457 SPS 19809 b
1 If (i) a direct appeal is requested, (ii) the Board fails
2to issue its findings of fact, conclusions of law, and
3recommendations within the 30-day mandate from the Secretary
4or the Secretary fails to order the Board to do so, and (iii)
5the Secretary fails to issue an order within 30 calendar days
6thereafter, then the hearing officer's report is deemed
7accepted and a final decision of the Secretary.
8 Notwithstanding any other provision of this Section, if
9the Secretary, upon review, determines that substantial
10justice has not been done in the revocation, suspension, or
11refusal to issue or renew a license or other disciplinary
12action taken as the result of the entry of the hearing
13officer's report, the Secretary may order a rehearing by the
14same or other examiners. If the Secretary disagrees with the
15recommendation of the Board or the hearing officer, the
16Secretary may issue an order in contravention of either
17recommendation.
18(Source: P.A. 96-726, eff. 7-1-10.)
19 (225 ILCS 427/140)
20 (Section scheduled to be repealed on January 1, 2022)
21 Sec. 140. Summary suspension. The Secretary may summarily
22suspend a license without a hearing, simultaneously with the
23institution of proceedings for a hearing provided for in this
24Act, if the Secretary finds that evidence indicating in his or
25her possession indicates that a continuation in practice would

HB0731 Engrossed- 49 -LRB102 14457 SPS 19809 b
1constitute an imminent danger to the public. In the event that
2the Secretary summarily suspends a license without a hearing,
3a hearing by the Department must be held within 30 calendar
4days after the suspension has occurred.
5(Source: P.A. 96-726, eff. 7-1-10.)
6 (225 ILCS 427/145)
7 (Section scheduled to be repealed on January 1, 2022)
8 Sec. 145. Judicial review. All final administrative
9decisions of the Department are subject to judicial review
10under the Administrative Review Law and its rules. The term
11"administrative decision" is defined as in Section 3-101 of
12the Code of Civil Procedure. Proceedings for judicial review
13shall be commenced in the circuit court of the county in which
14the party applying for review resides; but if the party is not
15a resident of this State, the venue shall be in Sangamon County
16or Cook County.
17(Source: P.A. 96-726, eff. 7-1-10.)
18 (225 ILCS 427/155)
19 (Section scheduled to be repealed on January 1, 2022)
20 Sec. 155. Violations; penalties.
21 (a) A person who violates any of the following provisions
22shall be guilty of a Class A misdemeanor; a person who commits
23a second or subsequent violation of these provisions is guilty
24of a Class 4 felony:

HB0731 Engrossed- 50 -LRB102 14457 SPS 19809 b
1 (1) Practicing or attempting to The practice of or
2 attempted practice of or holding oneself out as available
3 to practice as a community association manager or
4 supervising community association manager without a
5 license.
6 (2) Operating or attempting Operation of or attempt to
7 operate a community association management firm without a
8 firm license or a designated supervising community
9 association manager.
10 (3) Obtaining or attempting The obtaining of or the
11 attempt to obtain any license or authorization issued
12 under this Act by fraudulent misrepresentation.
13 (b) Whenever a licensee is convicted of a felony related
14to the violations set forth in this Section, the clerk of the
15court in any jurisdiction shall promptly report the conviction
16to the Department and the Department shall immediately revoke
17any license authorized under this Act held by that licensee.
18The licensee shall not be eligible for licensure under this
19Act until at least 5 years have elapsed since a felony
20conviction or 3 years since release from confinement for the
21conviction, whichever is later, without a subsequent 10 years
22have elapsed since the time of full discharge from any
23sentence imposed for a felony conviction. If any person in
24making any oath or affidavit required by this Act swears
25falsely, the person is guilty of perjury and may be punished
26accordingly.

HB0731 Engrossed- 51 -LRB102 14457 SPS 19809 b
1(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
2 (225 ILCS 427/161 new)
3 Sec. 161. Statute of limitations. No action may be taken
4under this Act against a person or entity licensed under this
5Act unless the action is commenced within 5 years after the
6occurrence of the alleged violation. A continuing violation is
7deemed to have occurred on the date when the circumstances
8last existed that gave rise to the alleged continuing
9violation.
10 (225 ILCS 427/162 new)
11 Sec. 162. No private right of action. Except as otherwise
12expressly provided for in this Act, nothing in this Act shall
13be construed to grant to any person a private right of action
14to enforce the provisions of this Act or the rules adopted
15under this Act.
16 (225 ILCS 427/165)
17 (Section scheduled to be repealed on January 1, 2022)
18 Sec. 165. Home rule. The regulation and licensing of
19community association managers, supervising community
20association managers, and community association management
21firms are exclusive powers and functions of the State. A home
22rule unit may not regulate or license community association
23managers, supervising community association managers, or

HB0731 Engrossed- 52 -LRB102 14457 SPS 19809 b
1community association management firms. This Section is a
2denial and limitation of home rule powers and functions under
3subsection (h) of Section 6 of Article VII of the Illinois
4Constitution.
5(Source: P.A. 98-365, eff. 1-1-14.)
6 (225 ILCS 427/42 rep.)
7 (225 ILCS 427/80 rep.)
8 (225 ILCS 427/135 rep.)
9 (225 ILCS 427/170 rep.)
10 Section 15. The Community Association Manager Licensing
11and Disciplinary Act is amended by repealing Sections 42, 80,
12135, and 170.
13 Section 99. Effective date. This Act takes effect January
141, 2022, except that this Section and Section 5 take effect
15upon becoming law.
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