HB1265ham002 97TH GENERAL ASSEMBLY

Rep. Kenneth Dunkin

Filed: 3/31/2011

09700HB1265ham002 LRB097 05448 CEL 53107 a

AMENDMENT TO HOUSE BILL 1265

AMENDMENT NO. ______. Amend House Bill 1265 by replacing everything after the enacting clause with the following:

"Section 5. The Community Association Manager Licensing and Disciplinary Act is amended by changing Section 65 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(Section scheduled to be repealed on January 1, 2020)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).

The Secretary of State shall collect the licensing fees from qualifying associations with an annual report required for not-for-profit corporations. Any qualifying 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 and shall not be subject to withdrawal or use for any purpose other than the administration of the Community Association Manager Licensing Program, including a fund to protect the financial interests of community associations.

(e) Four years after the date of the final adoption of rules under this 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 subject to this Act, as recommended by the Board, to equal the costs of administration for the licensing program. Following the completion of the initial and all subsequent fee adjustments, prospective and current community association manager licensees and community associations subject to this Act shall share the administration costs as recommended by the Board and determined by the Department.

(f) On or before December 31, 2014, the Department shall prepare a report that shall be filed with the General Assembly and that shall be made publicly available. The report shall examine all of the Department's costs to enforce the provisions of this Act and shall include, but not be limited to, the following information:

(1) the total number of licenses issued under this Act;

(2) a description of the fees that were generated by the Department in enforcing this Act;

(3) a description of the Department's costs in administering and enforcing this Act; and

(4) a description of the enforcement actions taken by the Department under this Act.

(Source: P.A. 96-726, eff. 7-1-10.)

Section 99. Effective date. This Act takes effect upon becoming law.".