Bill Text: IL SB3202 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Community Association Manager Licensing and Disciplinary Act. Provides that all community associations that (i) have 10 or more units, (ii) retain an individual to provide services as a community association manager for compensation, (iii) are not master associations, or (iv) are registered in the State as a not-for-profit corporation, shall pay to the Department of Financial and Professional Regulation an annual fee of $50 plus an additional $1 per unit not to exceed an annual fee of $1,000. Provides that 4 years after the date of the final adoption of rules under the Act, and every 2 years thereafter, the Secretary and the Board shall review the number of licenses and the amount collected from community associations and make any necessary adjustment of the fees for both licensees and community associations, as recommended by the Board, to equal the costs of administration for the licensing program. Provides that all monies received or collected pursuant to the Act shall be deposited in the Community Association Manager Licensing and Disciplinary Fund for the administration of the Community Association Manager Licensing Program and to protect the financial interests of community associations. Provides that the Department shall provide to the General Assembly on or before December 31, 2014, a report that examines all of the Department's costs to enforce the provisions of the Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-1021 [SB3202 Detail]
Download: Illinois-2011-SB3202-Chaptered.html
| ||||
| Public Act 097-1021 | ||||
| ||||
| ||||
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 Section 65 and by | ||||
adding Section 157 as follows:
| ||||
(225 ILCS 427/65)
| ||||
(Section scheduled to be repealed on January 1, 2020) | ||||
Sec. 65. Fees; Community Association Manager Licensing and | ||||
Disciplinary Fund. | ||||
(a) The fees for the administration and enforcement of this | ||||
Act, including, but not limited to, initial licensure, renewal, | ||||
and restoration, shall be set by rule of the Department. The | ||||
fees shall be nonrefundable. | ||||
(b) In addition to the application fee, applicants for the | ||||
examination are required to pay, either to the Department or | ||||
the designated testing service, a fee covering the cost of | ||||
determining an applicant's eligibility and providing the | ||||
examination. Failure to appear for the examination on the | ||||
scheduled date, at the time and place specified, after the | ||||
applicant's application and fee for examination have been | ||||
received and acknowledged by the Department or the designated | ||||
testing service, shall result in the forfeiture of the fee. | ||||
(c) To support the costs of administering this Act, all | ||
community associations that (i) are subject to this Act by | ||
having have 10 or more units, (ii) retain an individual to | ||
provide services as a community association manager for | ||
compensation, (iii) are not master associations under Section | ||
18.5 of the Condominium Property Act or the Common Interest | ||
Community Association Act, and (iv) are registered in this | ||
State as not-for-profit corporations shall pay to the | ||
Department an annual fee of $50 plus an additional $1 per unit, | ||
but shall not exceed an annual fee of $1,000 for any community | ||
association. The Department may establish forms and promulgate | ||
any rules for the effective collection of such fees under this | ||
subsection (c). | ||
Any not-for-profit corporation in this State that fails to | ||
pay in full to the Department all fees owed under this | ||
subsection (c) shall be subject to the penalties and procedures | ||
provided for under Section 92 of this Act. | ||
(d) All fees, fines, penalties, or other monies received or | ||
collected pursuant to this Act shall be deposited in the | ||
Community Association Manager Licensing and Disciplinary Fund.
| ||
(Source: P.A. 96-726, eff. 7-1-10.)
| ||
(225 ILCS 427/157 new) | ||
Sec. 157. Confidentiality. All information collected by | ||
the Department in the course of an examination or investigation | ||
of a licensee or applicant, including, but not limited to, any | ||
complaint against a licensee filed with the Department and | ||
information collected to investigate any such complaint, shall | ||
be maintained for the confidential use of the Department and | ||
shall not be disclosed. The Department shall not disclose the | ||
information to anyone other than law enforcement officials, | ||
regulatory agencies that have an appropriate regulatory | ||
interest as determined by the Secretary, or a party presenting | ||
a lawful subpoena to the Department. Information and documents | ||
disclosed to a federal, State, county, or local law enforcement | ||
agency shall not be disclosed by the agency for any purpose to | ||
any other agency or person. A formal complaint filed against a | ||
licensee by the Department or any order issued by the | ||
Department against a licensee or applicant shall be a public | ||
record, except as otherwise prohibited by law.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||
