Bill Text: IL HB5208 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Community Association Manager Licensing and Disciplinary Act, the Home Inspector License Act, and the Real Estate License Act of 2000. Reduces the minimum age requirement for licensure as a community association manager, supervising community association manager, home inspector, broker, or managing broker to 18 years of age (rather than 21 years of age). Makes a conforming change. Effective immediately.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5208 Detail]
Download: Illinois-2017-HB5208-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Community Association Manager Licensing and | ||||||||||||||||||||||||||||||||
5 | Disciplinary Act is amended by changing Sections 40 and 42 as | ||||||||||||||||||||||||||||||||
6 | follows:
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7 | (225 ILCS 427/40)
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8 | (Section scheduled to be repealed on January 1, 2020) | ||||||||||||||||||||||||||||||||
9 | Sec. 40. Qualifications for licensure as a community | ||||||||||||||||||||||||||||||||
10 | association manager. | ||||||||||||||||||||||||||||||||
11 | (a) No person shall be qualified for licensure as a | ||||||||||||||||||||||||||||||||
12 | community association manager under this Act, unless he or she | ||||||||||||||||||||||||||||||||
13 | has applied in writing on the prescribed forms and has paid the | ||||||||||||||||||||||||||||||||
14 | required, nonrefundable fees and meets all of the following | ||||||||||||||||||||||||||||||||
15 | qualifications: | ||||||||||||||||||||||||||||||||
16 | (1) He or she is at least 18 21 years of age. | ||||||||||||||||||||||||||||||||
17 | (2) He or she provides satisfactory evidence of having | ||||||||||||||||||||||||||||||||
18 | completed at least 20 classroom hours in community | ||||||||||||||||||||||||||||||||
19 | association management courses approved by the Board. | ||||||||||||||||||||||||||||||||
20 | (3) He or she has passed an examination authorized by | ||||||||||||||||||||||||||||||||
21 | the Department.
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22 | (4) He or she has not committed an act or acts, in this | ||||||||||||||||||||||||||||||||
23 | or any other jurisdiction, that would be a violation of |
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1 | this Act. | ||||||
2 | (5) He or she is of good moral character. In | ||||||
3 | determining moral character under this Section, the | ||||||
4 | Department may take into consideration whether the | ||||||
5 | applicant has engaged in conduct or activities that would | ||||||
6 | constitute grounds for discipline under this Act. Good | ||||||
7 | moral character is a continuing requirement of licensure. | ||||||
8 | Conviction of crimes may be used in determining moral | ||||||
9 | character, but shall not constitute an absolute bar to | ||||||
10 | licensure. | ||||||
11 | (6) He or she has not been declared by any court of | ||||||
12 | competent jurisdiction to be incompetent by reason of | ||||||
13 | mental or physical defect or disease, unless a court has | ||||||
14 | subsequently declared him or her to be competent. | ||||||
15 | (7) He or she complies with any additional | ||||||
16 | qualifications for licensure as determined by rule of the | ||||||
17 | Department. | ||||||
18 | (b) The education requirement set forth in item (2) of | ||||||
19 | subsection (a) of this Section shall not apply to persons | ||||||
20 | holding a real estate managing broker or real estate broker | ||||||
21 | license in good standing issued under the Real Estate License | ||||||
22 | Act of 2000. | ||||||
23 | (c) The examination and initial education requirement of | ||||||
24 | items (2) and (3) of subsection (a) of this Section shall not | ||||||
25 | apply to any person who within 6 months from the effective date | ||||||
26 | of the requirement for licensure, as set forth in Section 170 |
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1 | of this Act, applies for a license by providing satisfactory | ||||||
2 | evidence to the Department of qualifying experience or | ||||||
3 | education, as may be set forth by rule, including without | ||||||
4 | limitation evidence that he or she has practiced community | ||||||
5 | association management for a period of 5 years. | ||||||
6 | (d) Applicants have 3 years from the date of application to | ||||||
7 | complete the application process. If the process has not been | ||||||
8 | completed within the 3 years, the application shall be denied, | ||||||
9 | the fee shall be forfeited, and the applicant must reapply and | ||||||
10 | meet the requirements in effect at the time of re-application.
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11 | (Source: P.A. 98-365, eff. 1-1-14.)
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12 | (225 ILCS 427/42) | ||||||
13 | (Section scheduled to be repealed on January 1, 2020) | ||||||
14 | Sec. 42. Qualifications for licensure as a supervising | ||||||
15 | community association manager. | ||||||
16 | (a) No person shall be qualified for licensure as a | ||||||
17 | supervising community association manager under this Act | ||||||
18 | unless he or she has applied in writing on the prescribed | ||||||
19 | forms, has paid the required nonrefundable fees, and meets all | ||||||
20 | of the following qualifications: | ||||||
21 | (1) He or she is at least 18 21 years of age. | ||||||
22 | (2) He or she has been licensed at least one out of the | ||||||
23 | last 2 preceding years as a community association manager. | ||||||
24 | (3) He or she provides satisfactory evidence of having | ||||||
25 | completed at least 30 classroom hours in community |
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1 | association management courses approved by the Board, 20 | ||||||
2 | hours of which shall be those pre-license hours required to | ||||||
3 | obtain a community association manager license, and 10 | ||||||
4 | additional hours completed the year immediately preceding | ||||||
5 | the filing of the application for a supervising community | ||||||
6 | association manager license, which shall focus on | ||||||
7 | community association administration, management, and | ||||||
8 | supervision. | ||||||
9 | (4) He or she has passed an examination authorized by | ||||||
10 | the Department. | ||||||
11 | (5) He or she has not committed an act or acts, in this | ||||||
12 | or any other jurisdiction, that would be a violation of | ||||||
13 | this Act. | ||||||
14 | (6) He or she is of good moral character. In | ||||||
15 | determining moral character under this Section, the | ||||||
16 | Department may take into consideration whether the | ||||||
17 | applicant has engaged in conduct or activities that would | ||||||
18 | constitute grounds for discipline under this Act. Good | ||||||
19 | moral character is a continuing requirement of licensure. | ||||||
20 | Conviction of crimes may be used in determining moral | ||||||
21 | character, but shall not constitute an absolute bar to | ||||||
22 | licensure. | ||||||
23 | (7) He or she has not been declared by any court of | ||||||
24 | competent jurisdiction to be incompetent by reason of | ||||||
25 | mental or physical defect or disease, unless a court has | ||||||
26 | subsequently declared him or her to be competent. |
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1 | (8) He or she complies with any additional | ||||||
2 | qualifications for licensure as determined by rule of the | ||||||
3 | Department. | ||||||
4 | (b) The initial 20-hour education requirement set forth in | ||||||
5 | item (3) of subsection (a) of this Section shall not apply to | ||||||
6 | persons holding a real estate managing broker or real estate | ||||||
7 | broker license in good standing issued under the Real Estate | ||||||
8 | License Act of 2000. The 10 additional hours required for | ||||||
9 | licensure under this Section shall not apply to persons holding | ||||||
10 | a real estate managing broker license in good standing issued | ||||||
11 | under the Real Estate License Act of 2000. | ||||||
12 | (c) The examination and initial education requirement of | ||||||
13 | items (3) and (4) of subsection (a) of this Section shall not | ||||||
14 | apply to any person who, within 6 months after the effective | ||||||
15 | date of the requirement for licensure, as set forth in Section | ||||||
16 | 170 of this Act, applies for a license by providing | ||||||
17 | satisfactory evidence to the Department of qualifying | ||||||
18 | experience or education, as may be set forth by rule, including | ||||||
19 | without limitation, evidence that he or she has practiced | ||||||
20 | community association management for a period of 7 years. | ||||||
21 | (d) Applicants have 3 years after the date of application | ||||||
22 | to complete the application process. If the process has not | ||||||
23 | been completed within the 3 years, the application shall be | ||||||
24 | denied, the fee shall be forfeited, and the applicant must | ||||||
25 | reapply and meet the requirements in effect at the time of | ||||||
26 | re-application.
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1 | (Source: P.A. 98-365, eff. 1-1-14.)
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2 | Section 10. The Home Inspector License Act is amended by | ||||||
3 | changing Section 5-10 as follows:
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4 | (225 ILCS 441/5-10)
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5 | (Section scheduled to be repealed on January 1, 2022)
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6 | Sec. 5-10. Application for home inspector license. Every | ||||||
7 | natural person
who
desires to obtain a home inspector license | ||||||
8 | shall:
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9 | (1) apply to the Department on forms prescribed by the | ||||||
10 | Department and accompanied by the required
fee; all | ||||||
11 | applications shall contain the information that, in the | ||||||
12 | judgment of the Department, enables the Department to pass | ||||||
13 | on the qualifications of the applicant for a license to | ||||||
14 | practice as a home inspector as set by rule;
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15 | (2) be at least 18 21 years of age;
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16 | (3) provide evidence of having attained a high school | ||||||
17 | diploma or completed
an
equivalent course of study as | ||||||
18 | determined by an examination conducted by the
Illinois | ||||||
19 | State Board of Education;
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20 | (4) personally take and pass an examination authorized | ||||||
21 | by the Department; and
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22 | (5) prior to taking the examination, provide evidence
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23 | to the Department that he or she has
successfully completed | ||||||
24 | the prerequisite classroom hours of instruction in home
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1 | inspection, as established by rule.
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2 | Applicants have 3 years after the date of the application | ||||||
3 | to complete the application process. If the process has not | ||||||
4 | been completed within 3 years, the application shall be denied, | ||||||
5 | the fee forfeited, and the applicant must reapply and meet the | ||||||
6 | requirements in effect at the time of reapplication. | ||||||
7 | (Source: P.A. 97-226, eff. 7-28-11.)
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8 | Section 15. The Real Estate License Act of 2000 is amended | ||||||
9 | by changing Sections 5-27 and 5-28 as follows:
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10 | (225 ILCS 454/5-27) | ||||||
11 | (Section scheduled to be repealed on January 1, 2020) | ||||||
12 | Sec. 5-27. Requirements for licensure as a broker. | ||||||
13 | (a) Every applicant for licensure as a broker must meet the | ||||||
14 | following qualifications: | ||||||
15 | (1) Be at least 18 21 years of age . The minimum age of | ||||||
16 | 21 years shall be waived for any person seeking a license | ||||||
17 | as a broker who has attained the age of 18 and can provide | ||||||
18 | evidence of the successful completion of at least 4 | ||||||
19 | semesters of post-secondary school study as a full-time | ||||||
20 | student or the equivalent, with major emphasis on real | ||||||
21 | estate courses, in a school approved by the Department ; | ||||||
22 | (2) Be of good moral character; | ||||||
23 | (3) Successfully complete a 4-year course of study in a | ||||||
24 | high school or secondary school approved by the Illinois |
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1 | State Board of Education or an equivalent course of study | ||||||
2 | as determined by an examination conducted by the Illinois | ||||||
3 | State Board of Education which shall be verified under oath | ||||||
4 | by the applicant; | ||||||
5 | (4) (Blank); | ||||||
6 | (5) Provide satisfactory evidence of having completed | ||||||
7 | 90 hours of instruction in real estate courses approved by | ||||||
8 | the Department, 15 hours of which must consist of | ||||||
9 | situational and case studies presented in the classroom or | ||||||
10 | by live, interactive webinar or online distance education | ||||||
11 | courses; | ||||||
12 | (6) Personally take and pass a written examination | ||||||
13 | authorized by the Department; | ||||||
14 | (7) Present a valid application for issuance of a | ||||||
15 | license accompanied by a sponsor card and the fees | ||||||
16 | specified by rule. | ||||||
17 | (b) The requirements specified in items (3) and (5) of | ||||||
18 | subsection (a) of this Section do not apply to applicants who | ||||||
19 | are currently admitted to practice law by the Supreme Court of | ||||||
20 | Illinois and are currently in active standing. | ||||||
21 | (c) No applicant shall engage in any of the activities | ||||||
22 | covered by this Act until a valid sponsor card has been issued | ||||||
23 | to such applicant. The sponsor card shall be valid for a | ||||||
24 | maximum period of 45 days after the date of issuance unless | ||||||
25 | extended for good cause as provided by rule. | ||||||
26 | (d) All licenses should be readily available to the public |
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1 | at their place of business.
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2 | (e) An individual holding an active license as a managing | ||||||
3 | broker may return the license to the Department along with a | ||||||
4 | form provided by the Department and shall be issued a broker's | ||||||
5 | license in exchange. Any individual obtaining a broker's | ||||||
6 | license under this subsection (e) shall be considered as having | ||||||
7 | obtained a broker's license by education and passing the | ||||||
8 | required test and shall be treated as such in determining | ||||||
9 | compliance with this Act. | ||||||
10 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
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11 | (225 ILCS 454/5-28) | ||||||
12 | (Section scheduled to be repealed on January 1, 2020) | ||||||
13 | Sec. 5-28. Requirements for licensure as a managing broker. | ||||||
14 | (a) Every applicant for licensure as a managing broker must | ||||||
15 | meet the following qualifications: | ||||||
16 | (1) be at least 18 21 years of age; | ||||||
17 | (2) be of good moral character; | ||||||
18 | (3) have been licensed at least 2 out of the preceding | ||||||
19 | 3 years as a broker; | ||||||
20 | (4) successfully complete a 4-year course of study in | ||||||
21 | high school or secondary school approved by the Illinois | ||||||
22 | State Board of Education or an equivalent course of study | ||||||
23 | as determined by an examination conducted by the Illinois | ||||||
24 | State Board of Education, which shall be verified under | ||||||
25 | oath by the applicant; |
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1 | (5) provide satisfactory evidence of having completed | ||||||
2 | at least 165 hours, 120 of which shall be those hours | ||||||
3 | required pre and post-licensure to obtain a broker's | ||||||
4 | license, and 45 additional hours completed within the year | ||||||
5 | immediately preceding the filing of an application for a | ||||||
6 | managing broker's license, which hours shall focus on | ||||||
7 | brokerage administration and management and leasing agent | ||||||
8 | management and include at least 15 hours in the classroom | ||||||
9 | or by live, interactive webinar or online distance | ||||||
10 | education courses; | ||||||
11 | (6) personally take and pass a written examination | ||||||
12 | authorized by the Department; and | ||||||
13 | (7) present a valid application for issuance of a | ||||||
14 | license accompanied by a sponsor card, an appointment as a | ||||||
15 | managing broker, and the fees specified by rule. | ||||||
16 | (b) The requirements specified in item (5) of subsection | ||||||
17 | (a) of this Section do not apply to applicants who are | ||||||
18 | currently admitted to practice law by the Supreme Court of | ||||||
19 | Illinois and are currently in active standing. | ||||||
20 | (c) No applicant shall act as a managing broker for more | ||||||
21 | than 90 days after an appointment as a managing broker has been | ||||||
22 | filed with the Department without obtaining a managing broker's | ||||||
23 | license.
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24 | (Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18 .)
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25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
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