Bill Text: IL SB3394 | 2017-2018 | 100th General Assembly | Chaptered


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: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2018-08-14 - Public Act . . . . . . . . . 100-0892 [SB3394 Detail]

Download: Illinois-2017-SB3394-Chaptered.html



Public Act 100-0892
SB3394 EnrolledLRB100 16083 SMS 31202 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Community Association Manager Licensing and
Disciplinary Act is amended by changing Sections 40 and 42 as
follows:
(225 ILCS 427/40)
(Section scheduled to be repealed on January 1, 2020)
Sec. 40. Qualifications for licensure as a community
association manager.
(a) No person shall be qualified for licensure as a
community association manager under this Act, unless he or she
has applied in writing on the prescribed forms and has paid the
required, nonrefundable fees and meets all of the following
qualifications:
(1) He or she is at least 18 21 years of age.
(2) He or she provides satisfactory evidence of having
completed at least 20 classroom hours in community
association management courses approved by the Board.
(3) He or she has passed an examination authorized by
the Department.
(4) He or she has not committed an act or acts, in this
or any other jurisdiction, that would be a violation of
this Act.
(5) He or she is of good moral character. In
determining moral character under this Section, the
Department may take into consideration whether the
applicant has engaged in conduct or activities that would
constitute grounds for discipline under this Act. Good
moral character is a continuing requirement of licensure.
Conviction of crimes may be used in determining moral
character, but shall not constitute an absolute bar to
licensure.
(6) He or she has not been declared by any court of
competent jurisdiction to be incompetent by reason of
mental or physical defect or disease, unless a court has
subsequently declared him or her to be competent.
(7) He or she complies with any additional
qualifications for licensure as determined by rule of the
Department.
(b) The education requirement set forth in item (2) of
subsection (a) of this Section shall not apply to persons
holding a real estate managing broker or real estate broker
license in good standing issued under the Real Estate License
Act of 2000.
(c) The examination and initial education requirement of
items (2) and (3) of subsection (a) of this Section shall not
apply to any person who within 6 months from the effective date
of the requirement for licensure, as set forth in Section 170
of this Act, applies for a license by providing satisfactory
evidence to the Department of qualifying experience or
education, as may be set forth by rule, including without
limitation evidence that he or she has practiced community
association management for a period of 5 years.
(d) Applicants have 3 years from the date of application to
complete the application process. If the process has not been
completed within the 3 years, the application shall be denied,
the fee shall be forfeited, and the applicant must reapply and
meet the requirements in effect at the time of re-application.
(Source: P.A. 98-365, eff. 1-1-14.)
(225 ILCS 427/42)
(Section scheduled to be repealed on January 1, 2020)
Sec. 42. Qualifications for licensure as a supervising
community association manager.
(a) No person shall be qualified for licensure as a
supervising community association manager under this Act
unless he or she has applied in writing on the prescribed
forms, has paid the required nonrefundable fees, and meets all
of the following qualifications:
(1) He or she is at least 18 21 years of age.
(2) He or she has been licensed at least one out of the
last 2 preceding years as a community association manager.
(3) He or she provides satisfactory evidence of having
completed at least 30 classroom hours in community
association management courses approved by the Board, 20
hours of which shall be those pre-license hours required to
obtain a community association manager license, and 10
additional hours completed the year immediately preceding
the filing of the application for a supervising community
association manager license, which shall focus on
community association administration, management, and
supervision.
(4) He or she has passed an examination authorized by
the Department.
(5) He or she has not committed an act or acts, in this
or any other jurisdiction, that would be a violation of
this Act.
(6) He or she is of good moral character. In
determining moral character under this Section, the
Department may take into consideration whether the
applicant has engaged in conduct or activities that would
constitute grounds for discipline under this Act. Good
moral character is a continuing requirement of licensure.
Conviction of crimes may be used in determining moral
character, but shall not constitute an absolute bar to
licensure.
(7) He or she has not been declared by any court of
competent jurisdiction to be incompetent by reason of
mental or physical defect or disease, unless a court has
subsequently declared him or her to be competent.
(8) He or she complies with any additional
qualifications for licensure as determined by rule of the
Department.
(b) The initial 20-hour education requirement set forth in
item (3) of subsection (a) of this Section shall not apply to
persons holding a real estate managing broker or real estate
broker license in good standing issued under the Real Estate
License Act of 2000. The 10 additional hours required for
licensure under this Section shall not apply to persons holding
a real estate managing broker license in good standing issued
under the Real Estate License Act of 2000.
(c) The examination and initial education requirement of
items (3) and (4) of subsection (a) of this Section shall not
apply to any person who, within 6 months after the effective
date of the requirement for licensure, as set forth in Section
170 of this Act, applies for a license by providing
satisfactory evidence to the Department of qualifying
experience or education, as may be set forth by rule, including
without limitation, evidence that he or she has practiced
community association management for a period of 7 years.
(d) Applicants have 3 years after the date of application
to complete the application process. If the process has not
been completed within the 3 years, the application shall be
denied, the fee shall be forfeited, and the applicant must
reapply and meet the requirements in effect at the time of
re-application.
(Source: P.A. 98-365, eff. 1-1-14.)
Section 10. The Home Inspector License Act is amended by
changing Section 5-10 as follows:
(225 ILCS 441/5-10)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-10. Application for home inspector license. Every
natural person who desires to obtain a home inspector license
shall:
(1) apply to the Department on forms prescribed by the
Department and accompanied by the required fee; all
applications shall contain the information that, in the
judgment of the Department, enables the Department to pass
on the qualifications of the applicant for a license to
practice as a home inspector as set by rule;
(2) be at least 18 21 years of age;
(3) provide evidence of having attained a high school
diploma or completed an equivalent course of study as
determined by an examination conducted by the Illinois
State Board of Education;
(4) personally take and pass an examination authorized
by the Department; and
(5) prior to taking the examination, provide evidence
to the Department that he or she has successfully completed
the prerequisite classroom hours of instruction in home
inspection, as established by rule.
Applicants have 3 years after the date of the application
to complete the application process. If the process has not
been completed within 3 years, the application shall be denied,
the fee forfeited, and the applicant must reapply and meet the
requirements in effect at the time of reapplication.
(Source: P.A. 97-226, eff. 7-28-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.
feedback