101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3264

 

Introduced 2/11/2020, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Regulatory Sunset Act. Extends the repeal date of the Community Association Manager Licensing and Disciplinary Act from January 1, 2022 to January 1, 2031. Amends the Community Association Manager Licensing and Disciplinary Act. Provides that all applicants and licensees under the Act shall provide a valid address and email address to the Department of Financial and Professional Regulation. Creates provisions concerning qualifications for licensure as a community association management firm and illegal discrimination. Makes changes in provisions concerning definitions; license requirements; exemptions; the Community Association Manager Licensing and Disciplinary Board; powers and duties of the Department; qualifications for licensure as a community association manager; examinations; fidelity insurance and segregation of accounts; license renewals; penalties for insufficient payments; endorsement; grounds for discipline; injunctions and cease and desist orders; unlicensed practice; investigation, notice, and hearings; appointment of a hearing officer; judicial review; violations and penalties; and home rule. Repeals provisions concerning qualifications for licensure as a supervising community association manager; rosters; violations and penalties; and enforcement. Effective immediately.


LRB101 20554 SPS 70170 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3264LRB101 20554 SPS 70170 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 changing
5Section 4.32 and by adding Section 4.41 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 Acts repealed on January 1, 2022.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8Acts are repealed on January 1, 2022: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 Collateral Recovery Act.
11    The Community Association Manager Licensing and
12Disciplinary Act.
13    The Detection of Deception Examiners Act.
14    The Home Inspector License Act.
15    The Medical Practice Act of 1987.
16    The Registered Interior Designers Act.
17    The Massage Licensing Act.
18    The Petroleum Equipment Contractors Licensing Act.
19    The Real Estate Appraiser Licensing Act of 2002.
20    The Water Well and Pump Installation Contractor's License
21Act.
22(Source: P.A. 100-920, eff. 8-17-18; 101-316, eff. 8-9-19;
23101-614, eff. 12-20-19.)
 

 

 

SB3264- 2 -LRB101 20554 SPS 70170 b

1    (5 ILCS 80/4.41 new)
2    Sec. 4.41. Act repealed on January 1, 2031. The following
3Act is repealed on January 1, 2031:
4    The Community Association Manager Licensing and
5Disciplinary Act.
 
6    Section 10. The Community Association Manager Licensing
7and Disciplinary Act is amended by changing Sections 10, 15,
820, 25, 30, 40, 45, 50, 55, 60, 70, 75, 85, 90, 92, 95, 115,
9120, 145, 155, and 165 and by adding Sections 12, 41, and 86 as
10follows:
 
11    (225 ILCS 427/10)
12    (Section scheduled to be repealed on January 1, 2022)
13    Sec. 10. Definitions. As used in this Act:
14    "Address of record" means the designated street address,
15which may not be a post office box, recorded by the Department
16in the applicant's or licensee's application file or license
17file maintained by the Department Department's licensure
18maintenance unit. It is the duty of the applicant or licensee
19to inform the Department of any change of address, and such
20changes must be made either through the Department's website or
21by contacting the Department's licensure maintenance unit.
22    "Advertise" means, but is not limited to, issuing or
23causing to be distributed any card, sign or device to any

 

 

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1person; or causing, permitting or allowing any sign or marking
2on or in any building, structure, newspaper, magazine or
3directory, or on radio or television; or advertising by any
4other means designed to secure public attention, including, but
5not limited to, print, electronic, social media, and digital
6forums.
7    "Board" means the Community Association Manager Licensing
8and Disciplinary Board.
9    "Community association" means an association in which
10membership is a condition of ownership or shareholder interest
11of a unit in a condominium, cooperative, townhouse, villa, or
12other residential unit which is part of a residential
13development plan and that is authorized to impose an
14assessment, rents, or other costs that may become a lien on the
15unit or lot.
16    "Community association funds" means any assessments, fees,
17fines, or other funds collected by the community association
18manager from the community association, or its members, other
19than the compensation paid to the community association manager
20for performance of community association management services.
21    "Community association management firm" means a company,
22corporation, limited liability company, partnership, or other
23entity that engages in community association management
24services.
25    "Community association management services" means those
26services listed in the definition of community association

 

 

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1manager in this Section.
2    "Community association manager" means an individual who:
3        (1) has an ownership interest in or is employed by a
4    community association management firm, or is directly
5    employed by or provides services as an independent
6    contractor to a community association; and
7        (2) administers for remuneration the financial,
8    administrative, maintenance, or other duties for the
9    community association, including the following services:
10            (A) collecting, controlling or disbursing funds of
11        the community association or having the authority to do
12        so;
13            (B) preparing budgets or other financial documents
14        for the community association;
15            (C) assisting in the conduct of community
16        association meetings;
17            (D) maintaining association records; and
18            (E) administrating association contracts or
19        procuring goods and services in accordance with, as
20        appropriate, as stated in the declaration, bylaws,
21        proprietary lease, declaration of covenants, or other
22        governing document of the community association or at
23        the direction of the Board of Managers; and
24            (F) coordinating or performing financial,
25        administrative, maintenance, or other duties as called
26        for in the management contract, including coordinating

 

 

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1        individuals who are employees of the community
2        association.
3    "Community association manager" does not mean support
4staff, including, but not limited to bookkeepers,
5administrative assistants, secretaries, property inspectors,
6or customer service representatives.
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Designated community association manager" means a
10licensed community association manager who has an ownership
11interest in or is employed by a community association
12management firm to act as the controlling person and the
13authorized signatory for the firm on community association
14accounts and to otherwise supervise, manage, and be responsible
15for the firm's community association manager activities
16pursuant to Section 50 of this Act.
17    "Email address of record" means the designated email
18address recorded by the Department in the applicant's
19application file or the licensee's license file, as maintained
20by the Department.
21    "License" means the privilege conferred by the Department
22to a person that has fulfilled all the requirements
23prerequisite to any type of licensure under this Act license
24issued to a person, corporation, partnership, limited
25liability company, or other legal entity under this Act to
26provide community association management services.

 

 

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1    "Licensee" means a community association manager or a
2community association management firm.
3    "Person" means any individual, corporation, partnership,
4limited liability company, or other legal entity.
5    "Secretary" means the Secretary of Financial and
6Professional Regulation or his or her designee.
7    "Supervising community association manager" means an
8individual licensed as a community association manager who
9manages and supervises a firm.
10(Source: P.A. 100-201, eff. 8-18-17.)
 
11    (225 ILCS 427/12 new)
12    Sec. 12. Address of record; email address of record. The
13Department shall require all applicants and licensees:
14        (1) to provide a valid address and email address to the
15    Department, which shall serve as the address of record and
16    email address of record, respectively, at the time of
17    application for licensure or renewal of a license; and
18        (2) to inform the Department of any change of address
19    of record or email address of record within 24 hours after
20    such change through the Department's website.
 
21    (225 ILCS 427/15)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 15. License required. It shall be unlawful for any
24person, corporation, partnership, limited liability company,

 

 

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1or other entity to provide community association management
2services, provide services as a community association manager,
3or hold himself, herself, or itself out as a community
4association manager or community association management firm
5to any community association in this State, unless he, she, or
6it holds a current and valid license issued licensed by the
7Department or is otherwise exempt from licensure under this
8Act.
9(Source: P.A. 98-365, eff. 1-1-14.)
 
10    (225 ILCS 427/20)
11    (Section scheduled to be repealed on January 1, 2022)
12    Sec. 20. Exemptions.
13    (a) The requirement for holding a license under this Act
14shall not apply to any of the following:
15        (1) Any director or , officer, or member of a community
16    association providing one or more of the services of a
17    community association manager to a community association
18    without compensation for such services to the association.
19        (2) Any person, corporation, partnership, or limited
20    liability company providing one or more of the services of
21    a community association manager to a community association
22    of 10 units or less.
23        (3) A licensed attorney acting solely as an incident to
24    the practice of law.
25        (4) An individual A person acting as a receiver,

 

 

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1    trustee in bankruptcy, administrator, executor, or
2    guardian acting under a court order or under the authority
3    of a court will or of a trust instrument.
4        (5) A person licensed in this State under any other Act
5    who engages in practices or activities specifically
6    authorized by the Act pursuant to which the license was
7    granted from engaging the practice for which he or she is
8    licensed.
9    (b) A licensed community association manager may not
10perform or engage in any activities for which a real estate
11managing broker, or real estate broker, or residential leasing
12agent broker's license is required under the Real Estate
13License Act of 2000, unless he or she also possesses a current
14and valid license under the Real Estate License Act of 2000 and
15is providing those services as provided for in the Real Estate
16License Act of 2000 and the applicable rules.
17    (c) (Blank). A person may temporarily act as, or provide
18services as, a community association manager without being
19licensed under this Act if the person (i) is a community
20association manager regulated under the laws of another state
21or territory of the United States or another country and (ii)
22has applied in writing to the Department, on forms prepared and
23furnished by the Department, for licensure under this Act. This
24temporary right to act as a community association manager shall
25expire 6 months after the filing of his or her written
26application to the Department; upon the withdrawal of the

 

 

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1application for licensure under this Act; or upon delivery of a
2notice of intent to deny the application from the Department;
3or upon the denial of the application by the Department,
4whichever occurs first.
5(Source: P.A. 98-365, eff. 1-1-14.)
 
6    (225 ILCS 427/25)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 25. Community Association Manager Licensing and
9Disciplinary Board.
10    (a) There is hereby created the Community Association
11Manager Licensing and Disciplinary Board, which shall consist
12of 7 members appointed by the Secretary. All members must be
13residents of the State and must have resided in the State for
14at least 5 years immediately preceding the date of appointment.
15Five members of the Board must be licensees under this Act, at
16least two members of which shall be supervising community
17association managers. Two members of the Board shall be owners
18of, or hold a shareholder's interest in, a unit in a community
19association at the time of appointment who are not licensees
20under this Act and have no direct affiliation or work
21experience with the community association's community
22association manager. This Board shall act in an advisory
23capacity to the Department.
24    (b) Each member's term Members serving on the Board on the
25effective date of this amendatory Act of the 100th General

 

 

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1Assembly may serve the remainder of their unexpired terms.
2Thereafter, the members' terms shall be for 4 years or until
3his or her successor is appointed and expire upon completion of
4the term. No member shall be reappointed to the Board for a
5term that would cause his or her cumulative service to the
6Board to exceed 10 years. Appointments to fill vacancies shall
7be made by the Secretary for the unexpired portion of the term.
8The Secretary shall remove from the Board any member whose
9license has become void or has been revoked or suspended and
10may remove any member of the Board for neglect of duty,
11misconduct, or incompetence. A member who is subject to formal
12disciplinary proceedings shall disqualify himself or herself
13from all Board business until the charge is resolved. A member
14also shall disqualify himself or herself from any matter on
15which the member cannot act objectively.
16    (c) Four Board members shall constitute a quorum. A quorum
17is required for all Board decisions.
18    (d) The Board shall elect annually, at its first meeting of
19the fiscal year, a chairperson and vice chairperson.
20    (e) Each member shall receive reimbursement as set by the
21Governor's Travel Control Board for expenses incurred in
22carrying out the duties as a Board member. The Board shall be
23compensated as determined by the Secretary.
24    (f) The Board may recommend policies, procedures, and rules
25relevant to the administration and enforcement of this Act.
26(Source: P.A. 100-886, eff. 8-14-18.)
 

 

 

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1    (225 ILCS 427/30)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 30. Powers and duties of the Department. The
4Department may exercise the following functions, powers and
5duties:
6        (a) formulate rules for the administration and
7    enforcement of this Act;
8        (b) prescribe forms to be issued for the administration
9    and enforcement of this Act and utilize regular or
10    electronic mail, at the discretion of the Department, to
11    send notices, pleadings, and other information to
12    applicants and licensees;
13        (c) conduct hearings or proceedings to refuse to issue
14    or , renew, or to suspend, revoke, place on probation,
15    reprimand, or take disciplinary or non-disciplinary action
16    as the Department may deem appropriate under this Act;
17        (d) (blank); maintain a roster of the names and
18    addresses of all licensees in a manner as deemed
19    appropriate by the Department; and
20        (e) seek the advice and expert knowledge of the Board
21    on any matter relating to the administration and
22    enforcement of this Act; and .
23        (f) exercise any and all general powers and duties set
24    forth in Section 2105-15 of the Professional Regulation Law
25    of the Civil Administrative Code of Illinois.

 

 

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1(Source: P.A. 96-726, eff. 7-1-10.)
 
2    (225 ILCS 427/40)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 40. Qualifications for licensure as a community
5association manager.
6    (a) No person shall be qualified for licensure as a
7community association manager under this Act, unless he or she
8has applied in writing on the prescribed forms and has paid the
9required, nonrefundable fees and meets all of the following
10qualifications:
11        (1) He or she is at least 18 years of age.
12        (1.5) He or she successfully completed a 4-year course
13    of study in a high school, secondary school, an equivalent
14    course of study approved by the state in which the school
15    is located, or possess a high school equivalency
16    certificate that shall be verified under oath by the
17    applicant.
18        (2) He or she provides satisfactory evidence of having
19    completed at least 20 classroom hours in community
20    association management courses approved by the Board.
21        (3) He or she has passed an examination authorized by
22    the Department.
23        (4) He or she has not committed an act or acts, in this
24    or any other jurisdiction, that would be a violation of
25    this Act.

 

 

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1        (5) He or she is of good moral character. In
2    determining moral character under this Section, the
3    Department may take into consideration whether the
4    applicant has engaged in conduct or activities that would
5    constitute grounds for discipline under this Act. Good
6    moral character is a continuing requirement of licensure.
7    Conviction of crimes may be used in determining moral
8    character, but shall not constitute an absolute bar to
9    licensure.
10        (6) He or she has not been declared by any court of
11    competent jurisdiction to be incompetent by reason of
12    mental or physical defect or disease, unless a court has
13    subsequently declared him or her to be competent.
14        (7) He or she complies with any additional
15    qualifications for licensure as determined by rule of the
16    Department.
17    (b) The education requirement set forth in item (2) of
18subsection (a) of this Section shall not apply to persons
19holding a real estate managing broker or real estate broker
20license in good standing issued under the Real Estate License
21Act of 2000.
22    (c) (Blank). The examination and initial education
23requirement of items (2) and (3) of subsection (a) of this
24Section shall not apply to any person who within 6 months from
25the effective date of the requirement for licensure, as set
26forth in Section 170 of this Act, applies for a license by

 

 

SB3264- 14 -LRB101 20554 SPS 70170 b

1providing satisfactory evidence to the Department of
2qualifying experience or education, as may be set forth by
3rule, including without limitation evidence that he or she has
4practiced community association management for a period of 5
5years.
6    (d) Applicants have 2 3 years from the date of application
7to complete the application process. If the process has not
8been completed within the 2 3 years, the application shall be
9denied, the fee shall be forfeited, and the applicant must
10reapply and meet the requirements in effect at the time of
11re-application.
12    (e) The Department shall not require applicants to report
13the following information and shall not consider the following
14criminal history records in connection with an application for
15licensure or registration:
16        (1) juvenile adjudications of delinquent minors as
17    defined in Section 5-105 of the Juvenile Court Act of 1987
18    subject to the restrictions set forth in Section 5-130 of
19    that Act;
20        (2) law enforcement records, court records, and
21    conviction records of an individual who was 17 years old at
22    the time of the offense and before January 1, 2014, unless
23    the nature of the offense required the individual to be
24    tried as an adult;
25        (3) records of arrest not followed by a charge or
26    conviction;

 

 

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1        (4) records of arrest in which the charges were
2    dismissed unless related to the practice of the profession;
3    however, applicants shall not be asked to report any
4    arrests, and an arrest not followed by a conviction shall
5    not be the basis of a denial and may be used only to assess
6    an applicant's rehabilitation;
7        (5) convictions overturned by a higher court; or
8        (6) convictions or arrests that have been sealed or
9    expunged.
10    (f) A licensee shall report to the Department, in a manner
11prescribed by the Department, any plea of guilty or nolo
12contendere to forgery, embezzlement, obtaining money under
13false pretenses, larceny, extortion, conspiracy to defraud, or
14any similar offense or offenses or any conviction of a felony
15involving moral turpitude that occurs during the licensee's
16term of licensure.
17(Source: P.A. 100-892, eff. 8-14-18.)
 
18    (225 ILCS 427/41 new)
19    Sec. 41. Qualifications for licensure as a community
20association management firm. Any person who desires to obtain a
21community association management firm license must:
22        (1) apply to the Department on forms prescribed by the
23    Department and pay the required fee;
24        (2) provide evidence to the Department that the
25    community association management firm has a licensed

 

 

SB3264- 16 -LRB101 20554 SPS 70170 b

1    designated community association manager;
2        (3) be authorized to conduct business in the State of
3    Illinois and provide proof of such authorization to the
4    Department; and
5        (4) comply with all requirements as may be set forth by
6    rule.
 
7    (225 ILCS 427/45)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 45. Examinations.
10    (a) The Department shall authorize examinations of
11applicants for licensure as a community association manager at
12such times and places as it may determine. The examination of
13applicants shall be of a character to give a fair test of the
14qualifications of the applicant to practice as a community
15association manager.
16    (b) Applicants for examination shall be required to pay,
17either to the Department or the designated testing service, a
18fee covering the cost of providing the examination.
19    (c) The Department may employ consultants to prepare and
20conduct for the purpose of preparing and conducting
21examinations.
22    (d) An applicant shall be eligible to take the examination
23only after successfully completing the education requirements
24set forth in this Act and attaining the minimum education and
25age required under this Act.

 

 

SB3264- 17 -LRB101 20554 SPS 70170 b

1    (e) (Blank). The examination approved by the Department
2should utilize the basic principles of professional testing
3standards utilizing psychometric measurement. The examination
4shall use standards set forth by the National Organization for
5Competency Assurances and shall be approved by the Department.
6(Source: P.A. 96-726, eff. 7-1-10.)
 
7    (225 ILCS 427/50)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 50. Community association management firm.
10    (a) No corporation, partnership, limited liability
11company, or other legal entity shall provide or offer to
12provide community association management services, unless it
13has applied in writing on the prescribed forms and has paid the
14required nonrefundable fees and provided evidence to the
15Department that the firm has designated a licensed supervising
16community association manager to supervise and manage the firm.
17Having a A designated supervising community association
18manager shall be a continuing requirement of firm licensure. No
19supervising community association manager may be the
20supervising community association manager for more than one
21firm.
22    (b) Any corporation, partnership, limited liability
23company, or other legal entity that is providing, or offering
24to provide, community association management services and is
25not in compliance with this Section 50 and other provisions of

 

 

SB3264- 18 -LRB101 20554 SPS 70170 b

1this Act shall be subject to the civil penalties, fines,
2injunctions, cease and desist provisions, and penalties
3provided for in Sections 90, 92, and 155 of this Act.
4    (c) No community association manager may be the designated
5community association manager licensee-in-charge for more than
6one firm, corporation, limited liability company, partnership,
7or other legal entity. The designated community association
8manager shall be responsible for the actions of all licensed
9community association managers and unlicensed persons
10purporting to act on behalf of, or holding themselves out as
11acting on behalf of, the community association management firm.
12    (d) The Department may adopt rules and set all necessary
13requirements for the implementation of this Section.
14(Source: P.A. 98-365, eff. 1-1-14.)
 
15    (225 ILCS 427/55)
16    (Section scheduled to be repealed on January 1, 2022)
17    Sec. 55. Fidelity insurance; segregation of accounts.
18    (a) The designated supervising community association
19manager or the community association management firm with which
20he or she is employed shall not have access to and disburse
21community association funds unless each of the following
22conditions occur:
23        (1) There is fidelity insurance in place to insure
24    against loss or for theft of community association funds.
25        (2) The fidelity insurance is not less than all moneys

 

 

SB3264- 19 -LRB101 20554 SPS 70170 b

1    under the control of the designated supervising community
2    association manager or the employing community association
3    management firm for the association.
4        (3) The fidelity insurance covers the designated
5    community association manager, all other licensees
6    supervising community association manager, and all
7    partners, officers, and employees of the community
8    association management firm during the term of the
9    insurance coverage, which shall be at least for the same
10    term as the service agreement between the community
11    association management firm or supervising community
12    association manager as well as the community association
13    officers, directors, and employees.
14        (4) The insurance company issuing the fidelity
15    insurance may not cancel or refuse to renew the bond
16    without giving at least 10 days' prior written notice.
17        (5) Unless an agreement between the community
18    association and the designated supervising community
19    association manager or the community association
20    management firm provides to the contrary, a community
21    association may secure and pay for the fidelity insurance
22    required by this Section. The designated supervising
23    community association manager, all other licensees, and or
24    the community association management firm must be named as
25    additional insured parties on the community association
26    policy.

 

 

SB3264- 20 -LRB101 20554 SPS 70170 b

1    (b) A community association management firm that provides
2community association management services for more than one
3community association shall maintain separate, segregated
4accounts for each community association or, with the consent of
5the community association, combine the accounts of one or more
6community associations, but in that event, separately account
7for the funds of each community association. The funds shall
8not, in any event, be commingled with the supervising community
9association manager's or community association management
10firm's funds. The funds shall not be commingled with the funds
11of the community association manager, the community
12association management firm, or any other community
13association. The maintenance of such accounts shall be
14custodial, and such accounts shall be in the name of the
15respective community association or community association
16manager or Community Association Management Agency as the agent
17for the association.
18    (c) The designated supervising community association
19manager or community association management firm shall obtain
20the appropriate general liability and errors and omissions
21insurance, as determined by the Department, to cover any losses
22or claims against a the supervising community association
23manager, the designated community association manager, or the
24community association management firm.
25    (d) The Department shall have authority to promulgate
26additional rules regarding insurance, fidelity insurance and

 

 

SB3264- 21 -LRB101 20554 SPS 70170 b

1all accounts maintained and to be maintained by a community
2association manager, designated supervising community
3association manager, or community association management firm.
4(Source: P.A. 98-365, eff. 1-1-14.)
 
5    (225 ILCS 427/60)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 60. Licenses; renewals; restoration; person in
8military service.
9    (a) The expiration date, fees, and renewal period for each
10license issued under this Act shall be set by rule. The
11Department may promulgate rules requiring continuing education
12and set all necessary requirements for such, including but not
13limited to fees, approved coursework, number of hours, and
14waivers of continuing education.
15    (b) Any licensee who has permitted his, her, or its license
16to expire may have the license restored by making application
17to the Department and filing proof acceptable to the Department
18of fitness to have his, her, or its license restored, by which
19may include sworn evidence certifying to active practice in
20another jurisdiction satisfactory to the Department, complying
21with any continuing education requirements, and paying the
22required restoration fee.
23    (c) Any If the person has not maintained an active practice
24in another jurisdiction satisfactory to the Department, the
25Department shall determine, by an evaluation program

 

 

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1established by rule, the person's fitness to resume active
2status and may require the person to complete a period of
3evaluated clinical experience and successful completion of a
4practical examination. However, any person whose license
5expired while (i) in federal service on active duty with the
6Armed Forces of the United States or called into service or
7training with the State Militia or (ii) in training or
8education under the supervision of the United States
9preliminary to induction into the military service may have his
10or her license renewed or restored without paying any lapsed
11renewal fees if, within 2 years after honorable termination of
12the service, training or education, except under condition
13other than honorable, he or she furnishes the Department with
14satisfactory evidence to the effect that he or she has been so
15engaged and that the service, training, or education has been
16so honorably terminated.
17    (d) A community association manager or , community
18association management firm or supervising community
19association manager who notifies the Department, in a manner
20writing on forms prescribed by the Department, may place his,
21her, or its license on inactive status for a period not to
22exceed 2 years and shall be excused from the payment of renewal
23fees until the person notifies the Department in writing of the
24intention to resume active practice.
25    (e) A community association manager or , community
26association management firm, or supervising community

 

 

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1association manager requesting that his, her, or its license be
2changed from inactive to active status shall be required to pay
3the current renewal fee and shall also demonstrate compliance
4with the continuing education requirements.
5    (f) No Any licensee with a nonrenewed or on inactive
6license status or community association management firm
7operation without a designated community association manager
8shall not provide community association management services as
9set forth in this Act.
10    (g) Any person violating subsection (f) of this Section
11shall be considered to be practicing without a license and will
12be subject to the disciplinary provisions of this Act.
13    (h) The Department shall not renew a license if the
14licensee has an unpaid fine from a disciplinary matter or an
15unpaid fee from a non-disciplinary action imposed by the
16Department until the fine or fee is paid to the Department or
17the licensee has entered into a payment plan and is current on
18the required payments.
19    (i) The Department shall not issue a license if the
20applicant has an unpaid fine imposed by the Department for
21unlicensed practice until the fine is paid to the Department or
22the applicant has entered into a payment plan and is current on
23the required payments.
24(Source: P.A. 98-365, eff. 1-1-14.)
 
25    (225 ILCS 427/70)

 

 

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1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 70. Penalty for insufficient funds; payments. Any
3person who:
4        (1) delivers a check or other payment to the Department
5    that is returned to the Department unpaid by the financial
6    institution upon which it is drawn; or
7        (2) presents a credit or debit card for payment that is
8    invalid or expired or against which charges by the
9    Department are declined or dishonored;
10shall pay to the Department, in addition to the amount already
11owed to the Department, a fine of $50. The Department shall
12notify the person that payment of fees and fines shall be paid
13to the Department by certified check or money order within 30
14calendar days after notification. If, after the expiration of
1530 days from the date of the notification, the person has
16failed to submit the necessary remittance, the Department shall
17automatically terminate the license or deny the application,
18without hearing. If, after termination or denial, the person
19seeks a license, he, she, or it shall apply to the Department
20for restoration or issuance of the license and pay all fees and
21fines due to the Department. The Department may establish a fee
22for the processing of an application for restoration of a
23license to pay all expenses of processing this application. The
24Secretary may waive the fines due under this Section in
25individual cases where the Secretary finds that the fines would
26be unreasonable or unnecessarily burdensome.

 

 

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1(Source: P.A. 98-365, eff. 1-1-14.)
 
2    (225 ILCS 427/75)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 75. Endorsement. The Department may issue a community
5association manager or supervising community association
6manager license, without the required examination, to an
7applicant licensed under the laws of another state if the
8requirements for licensure in that state are, on the date of
9licensure, substantially equal to the requirements of this Act
10or to a person who, at the time of his or her application for
11licensure, possessed individual qualifications that were
12substantially equivalent to the requirements then in force in
13this State. An applicant under this Section shall pay all of
14the required fees.
15    All applicants under this Act Applicants have 2 3 years
16from the date of application to complete the application
17process. If the process has not been completed within the 2 3
18years, the application shall be denied, the fee shall be
19forfeited, and the applicant must reapply and meet the
20requirements in effect at the time of reapplication.
21(Source: P.A. 98-365, eff. 1-1-14.)
 
22    (225 ILCS 427/85)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 85. Grounds for discipline; refusal, revocation, or

 

 

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1suspension.
2    (a) The Department may refuse to issue or renew a license,
3or may place on probation, reprimand, suspend, or revoke any
4license, or take any other disciplinary or non-disciplinary
5action as the Department may deem proper and impose a fine not
6to exceed $10,000 for each violation upon any licensee or
7applicant under this Act or any person or entity who holds
8himself, herself, or itself out as an applicant or licensee for
9any one or combination of the following causes:
10        (1) Material misstatement in furnishing information to
11    the Department.
12        (2) Violations of this Act or its rules.
13        (3) Conviction of or entry of a plea of guilty or plea
14    of nolo contendere to a felony or a misdemeanor under the
15    laws of the United States, any state, or any other
16    jurisdiction or entry of an administrative sanction by a
17    government agency in this State or any other jurisdiction.
18    Action taken under this paragraph (3) for a misdemeanor or
19    an administrative sanction is limited to a misdemeanor or
20    administrative sanction that has as an essential element
21    dishonesty or fraud, that involves larceny, embezzlement,
22    or obtaining money, property, or credit by false pretenses
23    or by means of a confidence game, or that is directly
24    related to the practice of the profession.
25        (4) Making any misrepresentation for the purpose of
26    obtaining a license or violating any provision of this Act

 

 

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1    or its rules.
2        (5) Professional incompetence.
3        (6) Gross negligence.
4        (7) Aiding or assisting another person in violating any
5    provision of this Act or its rules.
6        (8) Failing, within 30 days, to provide information in
7    response to a request made by the Department.
8        (9) Engaging in dishonorable, unethical, or
9    unprofessional conduct of a character likely to deceive,
10    defraud or harm the public as defined by the rules of the
11    Department, or violating the rules of professional conduct
12    adopted by the Department.
13        (10) Habitual or excessive use or addiction to alcohol,
14    narcotics, stimulants, or any other chemical agent or drug
15    that results in the inability to practice with reasonable
16    judgment, skill, or safety.
17        (11) Having been disciplined by another state, the
18    District of Columbia, a territory, a foreign nation, or a
19    governmental agency authorized to impose discipline if at
20    least one of the grounds for the discipline is the same or
21    substantially equivalent of one of the grounds for which a
22    licensee may be disciplined under this Act. A certified
23    copy of the record of the action by the other state or
24    jurisdiction shall be prima facie evidence thereof.
25        (12) Directly or indirectly giving to or receiving from
26    any person, firm, corporation, partnership or association

 

 

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1    any fee, commission, rebate, or other form of compensation
2    for any professional services not actually or personally
3    rendered.
4        (13) A finding by the Department that the licensee,
5    after having his, her, or its license placed on
6    probationary status, has violated the terms of probation.
7        (14) Willfully making or filing false records or
8    reports relating to a licensee's practice, including but
9    not limited to false records filed with any State or
10    federal agencies or departments.
11        (15) Being named as a perpetrator in an indicated
12    report by the Department of Children and Family Services
13    under the Abused and Neglected Child Reporting Act and upon
14    proof by clear and convincing evidence that the licensee
15    has caused a child to be an abused child or neglected child
16    as defined in the Abused and Neglected Child Reporting Act.
17        (16) Physical illness or mental illness or impairment,
18    including, but not limited to, deterioration through the
19    aging process or loss of motor skill that results in the
20    inability to practice the profession with reasonable
21    judgment, skill, or safety.
22        (17) Solicitation of professional services by using
23    false or misleading advertising.
24        (18) A finding that licensure has been applied for or
25    obtained by fraudulent means.
26        (19) Practicing or attempting to practice under a name

 

 

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1    other than the full name as shown on the license or any
2    other legally authorized name unless approved by the
3    Department.
4        (20) Gross overcharging for professional services
5    including, but not limited to, (i) collection of fees or
6    moneys for services that are not rendered; and (ii)
7    charging for services that are not in accordance with the
8    contract between the licensee and the community
9    association.
10        (21) Improper commingling of personal and client funds
11    in violation of this Act or any rules promulgated thereto.
12        (22) Failing to account for or remit any moneys or
13    documents coming into the licensee's possession that
14    belong to another person or entity.
15        (23) Giving differential treatment to a person that is
16    to that person's detriment on the basis because of race,
17    color, creed, sex, ancestry, age, order of protection
18    status, marital status, physical or mental disability,
19    military status, unfavorable discharge from military
20    status, sexual orientation, pregnancy, religion, or
21    national origin.
22        (24) Performing and charging for services without
23    reasonable authorization to do so from the person or entity
24    for whom service is being provided.
25        (25) Failing to make available to the Department, upon
26    request, any books, records, or forms required by this Act.

 

 

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1        (26) Purporting to be a designated supervising
2    community association manager of a firm without active
3    participation in the firm and having been designated as
4    such.
5        (27) Failing to make available to the Department at the
6    time of the request any indicia of licensure or
7    registration issued under this Act.
8        (28) Failing to maintain and deposit funds belonging to
9    a community association in accordance with subsection (b)
10    of Section 55 of this Act.
11        (29) Violating the terms of a disciplinary order issued
12    by the Department.
13        (30) Operating a community association management firm
14    without a designated community association manager who
15    holds an active community association manager license.
16        (31) For a designated community association manager,
17    failing to meet the requirements for acting as a designated
18    community association manager.
19        (32) Failing to disclose to a community association any
20    compensation received by a licensee from a third party in
21    connection with or related to a transaction entered into by
22    the licensee on behalf of the community association.
23        (33) Failing to disclose to a community association, at
24    the time of making the referral, that a licensee: (A) has
25    greater than a 1% ownership interest in a third party to
26    which it refers the community association or (B) receives

 

 

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1    or may receive dividends or other profit sharing
2    distributions from a third party, other than a publicly
3    held or traded company, to which it refers the community
4    association.
5    (b) (Blank).
6    (c) The determination by a circuit court that a licensee is
7subject to involuntary admission or judicial admission, as
8provided in the Mental Health and Developmental Disabilities
9Code, operates as an automatic suspension. The suspension will
10terminate only upon a finding by a court that the patient is no
11longer subject to involuntary admission or judicial admission
12and the issuance of an order so finding and discharging the
13patient, and upon the recommendation of the Board to the
14Secretary that the licensee be allowed to resume his or her
15practice as a licensed community association manager.
16    (d) In accordance with subsection (g) of Section 2105-15 of
17the Department of Professional Regulation Law of the Civil
18Administrative Code of Illinois (20 ILCS 2105/2105-15), the
19Department may refuse to issue or renew or may suspend the
20license of any person who fails to file a return, to pay the
21tax, penalty, or interest shown in a filed return, or to pay
22any final assessment of tax, penalty, or interest, as required
23by any tax Act administered by the Department of Revenue, until
24such time as the requirements of that tax Act are satisfied.
25    (e) In accordance with subdivision (a)(5) of Section
262105-15 of the Department of Professional Regulation Law of the

 

 

SB3264- 32 -LRB101 20554 SPS 70170 b

1Civil Administrative Code of Illinois (20 ILCS 2105/2105-15)
2and in cases where the Department of Healthcare and Family
3Services (formerly Department of Public Aid) has previously
4determined that a licensee or a potential licensee is more than
530 days delinquent in the payment of child support and has
6subsequently certified the delinquency to the Department, the
7Department may refuse to issue or renew or may revoke or
8suspend that person's license or may take other disciplinary
9action against that person based solely upon the certification
10of delinquency made by the Department of Healthcare and Family
11Services.
12    (f) (Blank). In enforcing this Section, the Department or
13Board upon a showing of a possible violation may compel a
14licensee or an individual licensed to practice under this Act,
15or who has applied for licensure under this Act, to submit to a
16mental or physical examination, or both, as required by and at
17the expense of the Department. The Department or Board may
18order the examining physician to present testimony concerning
19the mental or physical examination of the licensee or
20applicant. No information shall be excluded by reason of any
21common law or statutory privilege relating to communications
22between the licensee or applicant and the examining physician.
23The examining physicians shall be specifically designated by
24the Board or Department. The individual to be examined may
25have, at his or her own expense, another physician of his or
26her choice present during all aspects of this examination.

 

 

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1Failure of an individual to submit to a mental or physical
2examination, when directed, shall be grounds for suspension of
3his or her license or denial of his or her application or
4renewal until the individual submits to the examination if the
5Department finds, after notice and hearing, that the refusal to
6submit to the examination was without reasonable cause.
7    If the Department or Board finds an individual unable to
8practice because of the reasons set forth in this Section, the
9Department or Board may require that individual to submit to
10care, counseling, or treatment by physicians approved or
11designated by the Department or Board, as a condition, term, or
12restriction for continued, reinstated, or renewed licensure to
13practice; or, in lieu of care, counseling, or treatment, the
14Department may file, or the Board may recommend to the
15Department to file, a complaint to immediately suspend, revoke,
16deny, or otherwise discipline the license of the individual. An
17individual whose license was granted, continued, reinstated,
18renewed, disciplined or supervised subject to such terms,
19conditions, or restrictions, and who fails to comply with such
20terms, conditions, or restrictions, shall be referred to the
21Secretary for a determination as to whether the individual
22shall have his or her license suspended immediately, pending a
23hearing by the Department.
24    In instances in which the Secretary immediately suspends a
25person's license under this Section, a hearing on that person's
26license must be convened by the Department within 30 days after

 

 

SB3264- 34 -LRB101 20554 SPS 70170 b

1the suspension and completed without appreciable delay. The
2Department and Board shall have the authority to review the
3subject individual's record of treatment and counseling
4regarding the impairment to the extent permitted by applicable
5federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    An individual licensed under this Act and affected under
8this Section shall be afforded an opportunity to demonstrate to
9the Department or Board that he or she can resume practice in
10compliance with acceptable and prevailing standards under the
11provisions of his or her license.
12(Source: P.A. 100-872, eff. 8-14-18.)
 
13    (225 ILCS 427/86 new)
14    Sec. 86. Illegal discrimination. When there has been an
15adjudication in a civil or criminal proceeding that a community
16association manager or community association management firm
17has illegally discriminated while engaged in any activity for
18which a license is required under this Act, the Department,
19upon the recommendation of the Board as to the extent of the
20suspension or revocation, shall suspend or revoke the license
21of that licensee in a timely manner, unless the adjudication is
22in the appeal process. When there has been an order in an
23administrative proceeding finding that a licensee has
24illegally discriminated while engaged in any activity for which
25a license is required under this Act, the Department, upon

 

 

SB3264- 35 -LRB101 20554 SPS 70170 b

1recommendation of the Board as to the nature and extent of the
2discipline, shall take one or more of the disciplinary actions
3provided for in Section 85 of this Act in a timely manner,
4unless the administrative order is in the appeal process.
 
5    (225 ILCS 427/90)
6    (Section scheduled to be repealed on January 1, 2022)
7    Sec. 90. Violations; injunctions; cease and desist orders.
8    (a) If any person violates a provision of this Act, the
9Secretary may, in the name of the People of the State of
10Illinois, through the Attorney General of the State of
11Illinois, petition for an order enjoining the violation or for
12an order enforcing compliance with this Act. Upon the filing of
13a verified petition in court, the court may issue a temporary
14restraining order, without notice or bond, and may
15preliminarily and permanently enjoin the violation. If it is
16established that the person has violated or is violating the
17injunction, the Court may punish the offender for contempt of
18court. Proceedings under this Section are in addition to, and
19not in lieu of, all other remedies and penalties provided by
20this Act.
21    (b) If any person provides , entity or other business may
22provide community association management services or provides
23provide services as a community association manager to any
24community association in this State without having a valid
25license under this Act or, in the case of a community

 

 

SB3264- 36 -LRB101 20554 SPS 70170 b

1association management firm, without a designated community
2association manager, then any licensee, any interested party or
3any person injured thereby may, in addition to the Secretary,
4petition for relief as provided in subsection (a) of this
5Section.
6    (c) Whenever in the opinion of the Department any person,
7entity or other business violates any provision of this Act,
8the Department may issue a rule to show cause why an order to
9cease and desist should not be entered against such person,
10firm or other entity. The rule shall clearly set forth the
11grounds relied upon by the Department and shall provide a
12period of at least 7 days from the date of the rule to file an
13answer to the satisfaction of the Department. If the person,
14firm or other entity fails to file an answer satisfactory to
15the Department, the matter shall be considered as a default and
16the Department may cause an order to cease and desist to be
17issued immediately.
18(Source: P.A. 96-726, eff. 7-1-10.)
 
19    (225 ILCS 427/92)
20    (Section scheduled to be repealed on January 1, 2022)
21    Sec. 92. Unlicensed practice; violation; civil penalty.
22    (a) Any person, entity or other business who practices,
23offers to practice, attempts to practice, or holds himself,
24herself or itself out to practice as a community association
25manager or community association management firm or provides

 

 

SB3264- 37 -LRB101 20554 SPS 70170 b

1provide services as a community association manager or
2community association management firm to any community
3association in this State without being licensed under this Act
4or, in the case of a community association management firm,
5without a designated community association manager shall, in
6addition to any other penalty provided by law, pay a civil
7penalty to the Department in an amount not to exceed $10,000
8for each offense, as determined by the Department. The civil
9penalty shall be assessed by the Department after a hearing is
10held in accordance with the provisions set forth in this Act
11regarding the provision of a hearing for the discipline of a
12licensee.
13    (b) The Department may investigate any and all unlicensed
14activity.
15    (c) The civil penalty shall be paid within 60 days after
16the effective date of the order imposing the civil penalty. The
17order shall constitute a judgment and may be filed and
18execution had thereon in the same manner as any judgment from
19any court of record.
20(Source: P.A. 98-365, eff. 1-1-14.)
 
21    (225 ILCS 427/95)
22    (Section scheduled to be repealed on January 1, 2022)
23    Sec. 95. Investigation; notice and hearing. The Department
24may investigate the actions or qualifications of a person,
25entity, or other business applying for, holding or claiming to

 

 

SB3264- 38 -LRB101 20554 SPS 70170 b

1hold, or holding himself, herself, or itself out as having a
2license or rendering or offering to render services for which a
3license is required by this Act and may notify their designated
4community association manager, if any, of the pending
5investigation. Before suspending, revoking, placing on
6probationary status, or taking any other disciplinary action as
7the Department may deem proper with regard to any license, at
8least 30 days before the date set for the hearing, the
9Department shall (i) notify the accused and their designated
10community association manager, if any, in writing of any
11charges made and the time and place for a hearing on the
12charges before the Board, (ii) direct the accused individual or
13entity to file a written answer to the charges with the Board
14under oath within 20 days after the service on the accused him
15or her of such notice, and (iii) inform the accused person,
16entity or other business that if it the person, entity, or
17other business fails to file an answer, default will be taken
18against it such person, entity, or other business and the
19license of such person, entity, or other business may be
20suspended, revoked, placed on probationary status, or other
21disciplinary action taken with regard to the license, including
22limiting the scope, nature, or extent of his or her practice,
23as the Department may deem proper. The Department shall serve
24notice under this Section by regular or electronic Written
25notice may be served by personal delivery or by registered or
26certified mail to the applicant or licensee at his or her last

 

 

SB3264- 39 -LRB101 20554 SPS 70170 b

1address of record or email address of record as provided to
2with the Department. If the accused In case the person fails to
3file an answer after receiving notice, his or her license may,
4in the discretion of the Department, be suspended, revoked, or
5placed on probationary status, or the Department may take
6whatever disciplinary action deemed proper, including limiting
7the scope, nature, or extent of the person's practice or the
8imposition of a fine, without a hearing, if the act or acts
9charged constitute sufficient grounds for such action under
10this Act. The written answer shall be served by personal
11delivery or regular , certified delivery, or certified or
12registered mail to the Department. At the time and place fixed
13in the notice, the Department shall proceed to hear the charges
14and the parties or their counsel shall be accorded ample
15opportunity to present such statements, testimony, evidence,
16and argument as may be pertinent to the charges or to the
17defense thereto. The Department may continue such hearing from
18time to time. At the discretion of the Secretary after having
19first received the recommendation of the Board, the accused
20person's license may be suspended or revoked placed on
21probationary status or the Department may take whatever
22disciplinary action considered proper, including limiting the
23scope, nature, or extent of the person's practice or the
24imposition of a fine if the act or acts charged constitute
25sufficient grounds for that action under this Act. A copy of
26the Department's final order shall be delivered to the

 

 

SB3264- 40 -LRB101 20554 SPS 70170 b

1accused's designated community association manager or, if the
2accused is directly employed by a community association, to the
3board of managers of that association if known to the
4Department , if the evidence constitutes sufficient grounds for
5such action under this Act.
6(Source: P.A. 96-726, eff. 7-1-10; 97-333, eff. 8-12-11.)
 
7    (225 ILCS 427/115)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 115. Rehearing. At the conclusion of a hearing and
10following deliberation by the Board, a copy of the Board's
11report shall be served upon the applicant, licensee, or
12unlicensed person by the Department, either personally or as
13provided in this Act for the service of a notice of hearing In
14any hearing involving disciplinary action against a licensee, a
15copy of the Board's report shall be served upon the respondent
16by the Department, either personally or as provided in this Act
17for the service of the notice of hearing. Within 20 calendar
18days after service, the respondent may present to the
19Department a motion in writing for a rehearing that shall
20specify the particular grounds for rehearing. If no motion for
21rehearing is filed, then upon the expiration of the time
22specified for filing a motion, or if a motion for rehearing is
23denied, then upon denial, the Secretary may enter an order in
24accordance with recommendations of the Board, except as
25provided in this Act. If the respondent orders from the

 

 

SB3264- 41 -LRB101 20554 SPS 70170 b

1reporting service, and pays for, a transcript of the record
2within the time for filing a motion for rehearing, the 20
3calendar day period within which a motion may be filed shall
4commence upon the delivery of the transcript to the respondent.
5(Source: P.A. 96-726, eff. 7-1-10.)
 
6    (225 ILCS 427/120)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 120. Appointment of a hearing officer. The Secretary
9has the authority to appoint any attorney duly licensed to
10practice law in the State of Illinois to serve as the hearing
11officer in any action for refusal to issue or renew a license,
12or to discipline a licensee. The hearing officer has full
13authority to conduct the hearing. The hearing officer shall
14report his or her findings and recommendations to the Board and
15the Secretary. At its next meeting following The Board has 60
16calendar days from receipt of the report, the Board shall to
17review the report of the hearing officer and present its
18findings of fact, conclusions of law, and recommendations to
19the Secretary.
20    If the Board fails to present its report within 30 calendar
21days following its next meeting after receiving the report
22within the 60 calendar day period, the respondent may request
23in writing a direct appeal to the Secretary, in which case the
24Secretary shall, within 7 calendar days after the request,
25issue an order directing the Board to issue its findings of

 

 

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1fact, conclusions of law, and recommendations to the Secretary
2within 30 calendar days after such order.
3    If the Board fails to issue its findings of fact,
4conclusions of law, and recommendations within that time frame
5to the Secretary after the entry of such order, the Secretary
6shall, within 30 calendar days thereafter, issue an order based
7upon the report of the hearing officer and the record of the
8proceedings or issue an order remanding the matter back to the
9hearing officer for additional proceedings in accordance with
10the order.
11    If (i) a direct appeal is requested, (ii) the Board fails
12to issue its findings of fact, conclusions of law, and
13recommendations within the 30-day mandate from the Secretary or
14the Secretary fails to order the Board to do so, and (iii) the
15Secretary fails to issue an order within 30 calendar days
16thereafter, then the hearing officer's report is deemed
17accepted and a final decision of the Secretary.
18    Notwithstanding any other provision of this Section, if the
19Secretary, upon review, determines that substantial justice
20has not been done in the revocation, suspension, or refusal to
21issue or renew a license or other disciplinary action taken as
22the result of the entry of the hearing officer's report, the
23Secretary may order a rehearing by the same or other examiners.
24If the Secretary disagrees with the recommendation of the Board
25or the hearing officer, the Secretary may issue an order in
26contravention of either recommendation.

 

 

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1(Source: P.A. 96-726, eff. 7-1-10.)
 
2    (225 ILCS 427/145)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 145. Judicial review. All final administrative
5decisions of the Department are subject to judicial review
6under the Administrative Review Law and its rules. The term
7"administrative decision" is defined as in Section 3-101 of the
8Code of Civil Procedure. Proceedings for judicial review shall
9be commenced in the circuit court of the county in which the
10party applying for review resides; but if the party is not a
11resident of this State, the venue shall be in Cook Sangamon
12County.
13(Source: P.A. 96-726, eff. 7-1-10.)
 
14    (225 ILCS 427/155)
15    (Section scheduled to be repealed on January 1, 2022)
16    Sec. 155. Violations; penalties.
17    (a) A person who violates any of the following provisions
18shall be guilty of a Class A misdemeanor; a person who commits
19a second or subsequent violation of these provisions is guilty
20of a Class 4 felony:
21        (1) Practicing or attempting to The practice of or
22    attempted practice of or holding himself or herself out as
23    available to practice as a community association manager or
24    supervising community association manager without a

 

 

SB3264- 44 -LRB101 20554 SPS 70170 b

1    license.
2        (2) Operating or attempting Operation of or attempt to
3    operate a community association management firm without a
4    firm license or a designated supervising community
5    association manager.
6        (3) Obtaining or attempting The obtaining of or the
7    attempt to obtain any license or authorization issued under
8    this Act by fraudulent misrepresentation.
9    (b) Whenever a licensee is convicted of a felony related to
10the violations set forth in this Section, the clerk of the
11court in any jurisdiction shall promptly report the conviction
12to the Department and the Department shall immediately revoke
13any license authorized under this Act held by that licensee.
14The licensee shall not be eligible for licensure under this Act
15until at least 5 years have elapsed since a felony conviction
16or 3 years since release from confinement for the conviction,
17whichever is later, without a subsequent conviction 10 years
18have elapsed since the time of full discharge from any sentence
19imposed for a felony conviction. If any person in making any
20oath or affidavit required by this Act swears falsely, the
21person is guilty of perjury and may be punished accordingly.
22(Source: P.A. 98-365, eff. 1-1-14; 99-78, eff. 7-20-15.)
 
23    (225 ILCS 427/165)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 165. Home rule. The regulation and licensing of

 

 

SB3264- 45 -LRB101 20554 SPS 70170 b

1community association managers, supervising community
2association managers, and community association management
3firms are exclusive powers and functions of the State. A home
4rule unit may not regulate or license community association
5managers, supervising community association managers, or
6community association management firms. This Section is a
7denial and limitation of home rule powers and functions under
8subsection (h) of Section 6 of Article VII of the Illinois
9Constitution.
10(Source: P.A. 98-365, eff. 1-1-14.)
 
11    (225 ILCS 427/42 rep.)
12    (225 ILCS 427/80 rep.)
13    (225 ILCS 427/135 rep.)
14    (225 ILCS 427/170 rep.)
15    Section 15. The Community Association Manager Licensing
16and Disciplinary Act is amended by repealing Sections 42, 80,
17135, and 170.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.

 

 

SB3264- 46 -LRB101 20554 SPS 70170 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.32
4    5 ILCS 80/4.41 new
5    225 ILCS 427/10
6    225 ILCS 427/12 new
7    225 ILCS 427/15
8    225 ILCS 427/20
9    225 ILCS 427/25
10    225 ILCS 427/30
11    225 ILCS 427/40
12    225 ILCS 427/41 new
13    225 ILCS 427/45
14    225 ILCS 427/50
15    225 ILCS 427/55
16    225 ILCS 427/60
17    225 ILCS 427/70
18    225 ILCS 427/75
19    225 ILCS 427/85
20    225 ILCS 427/86 new
21    225 ILCS 427/90
22    225 ILCS 427/92
23    225 ILCS 427/95
24    225 ILCS 427/115
25    225 ILCS 427/120

 

 

SB3264- 47 -LRB101 20554 SPS 70170 b

1    225 ILCS 427/145
2    225 ILCS 427/155
3    225 ILCS 427/165
4    225 ILCS 427/42 rep.
5    225 ILCS 427/80 rep.
6    225 ILCS 427/135 rep.
7    225 ILCS 427/170 rep.