Bill Text: IL SB3202 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Enrolled.html



SB3202 EnrolledLRB097 16964 CEL 62154 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 Community Association Manager Licensing and
5Disciplinary Act is amended by changing Section 65 and by
6adding Section 157 as follows:
7 (225 ILCS 427/65)
8 (Section scheduled to be repealed on January 1, 2020)
9 Sec. 65. Fees; Community Association Manager Licensing and
10Disciplinary Fund.
11 (a) The fees for the administration and enforcement of this
12Act, including, but not limited to, initial licensure, renewal,
13and restoration, shall be set by rule of the Department. The
14fees shall be nonrefundable.
15 (b) In addition to the application fee, applicants for the
16examination are required to pay, either to the Department or
17the designated testing service, a fee covering the cost of
18determining an applicant's eligibility and providing the
19examination. Failure to appear for the examination on the
20scheduled date, at the time and place specified, after the
21applicant's application and fee for examination have been
22received and acknowledged by the Department or the designated
23testing service, shall result in the forfeiture of the fee.

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1 (c) To support the costs of administering this Act, all
2community associations that (i) are subject to this Act by
3having have 10 or more units, (ii) retain an individual to
4provide services as a community association manager for
5compensation, (iii) are not master associations under Section
618.5 of the Condominium Property Act or the Common Interest
7Community Association Act, and (iv) are registered in this
8State as not-for-profit corporations shall pay to the
9Department an annual fee of $50 plus an additional $1 per unit,
10but shall not exceed an annual fee of $1,000 for any community
11association. The Department may establish forms and promulgate
12any rules for the effective collection of such fees under this
13subsection (c).
14 Any not-for-profit corporation in this State that fails to
15pay in full to the Department all fees owed under this
16subsection (c) shall be subject to the penalties and procedures
17provided for under Section 92 of this Act.
18 (d) All fees, fines, penalties, or other monies received or
19collected pursuant to this Act shall be deposited in the
20Community Association Manager Licensing and Disciplinary Fund.
21(Source: P.A. 96-726, eff. 7-1-10.)
22 (225 ILCS 427/157 new)
23 Sec. 157. Confidentiality. All information collected by
24the Department in the course of an examination or investigation
25of a licensee or applicant, including, but not limited to, any

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1complaint against a licensee filed with the Department and
2information collected to investigate any such complaint, shall
3be maintained for the confidential use of the Department and
4shall not be disclosed. The Department shall not disclose the
5information to anyone other than law enforcement officials,
6regulatory agencies that have an appropriate regulatory
7interest as determined by the Secretary, or a party presenting
8a lawful subpoena to the Department. Information and documents
9disclosed to a federal, State, county, or local law enforcement
10agency shall not be disclosed by the agency for any purpose to
11any other agency or person. A formal complaint filed against a
12licensee by the Department or any order issued by the
13Department against a licensee or applicant shall be a public
14record, except as otherwise prohibited by law.
15 Section 99. Effective date. This Act takes effect upon
16becoming law.
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