HB 562

Abstract

Amends the Home Inspector License Act. Provides that all applicants and licensees shall provide a valid address and email address to the Department of Financial and Professional Regulation and inform the Department of any change of address or email address within 14 days. Provides that the Department may adopt rules to permit the issuance of citations to any licensee for failure to comply with the continuing education requirements set forth in the Act or as established by rule. Provides that all applicants for a home inspector license and all licensees shall maintain general liability insurance in an amount of not less than $100,000 with deductibles of not more than $2,500. Provides that except as otherwise expressly provided, nothing in the Act shall be construed to grant to any person a private right of action for damages or to enforce the provisions of the Act or the rules adopted under the Act. Makes changes in provisions concerning necessity of license, use of title, and exemptions; application for a home inspector license; renewal of a license; endorsement; continuing education renewal requirements; retention of records; grounds for disciplinary action; investigation, notice, and hearing; returned checks and dishonored credit card charges and penalty fees; violations, injunctions, and cease and desist orders; and education providers. Repeals a provision concerning peer review advisors. Amends the Regulatory Sunset Act to repeal the Home Inspector License Act on January 1, 2032. Effective January 1, 2022, except provisions amending the Regulatory Sunset Act take effect immediately. House Committee Amendment No. 1 Adds reference to: 225 ILCS 441/5-25 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the licensing of home inspector entities required under the Act does not apply to an entity whose ownership structure is one licensed home inspector operating a sole proprietorship, a single member limited liability company, or a single shareholder corporation, and that home inspector is the only licensed home inspector performing inspections on the entity's behalf. Provides that the licensed home inspector who is the sole proprietor, sole shareholder, or single member of the company or entity shall comply with all other provisions of this Act. Provides that a corporation, limited liability company, partnership, or entity shall, as a condition of licensure, designate a managing licensed home inspector. Provides that the managing home inspector of any home inspector entity shall be responsible for the actions of all licensed and unlicensed employees, agents, and representatives of that home inspector entity while it is providing a home inspection or home inspection service. Provides that it shall be grounds for disciplinary action if a licensee provides fees, gifts, waivers of liability, or other forms of compensation or gratuities to persons licensed under any real estate professional licensing act in this State as consideration or inducement for the referral of business. Makes changes to provisions concerning definitions; application for home inspector license; pre-license education requirements; grounds for disciplinary action; and no private right of action. House Floor Amendment No. 2 Deletes reference to: 5 ILCS 80/4.41 new Adds reference to: 5 ILCS 80/4.37 In provisions amending the Regulatory Sunset Act, provides for repeal of the Home Inspector License Act on January 1, 2027 (rather than January 1, 2032). Senate Floor Amendment No. 1 Deletes reference to: 5 ILCS 80/4.32 5 ILCS 80/4.37 225 ILCS 441/1-10 225 ILCS 441/1-12 new 225 ILCS 441/5-5 225 ILCS 441/5-10 225 ILCS 441/5-12 225 ILCS 441/5-16 225 ILCS 441/5-17 225 ILCS 441/5-20 225 ILCS 441/5-25 225 ILCS 441/5-30 225 ILCs 441/5-50 new 225 ILCS 441/10-10 225 ILCS 441/15-10 225 ILCS 441/15-10.1 new 225 ILCS 441/15-15 225 ILCS 441/15-20 225 ILCS 441/15-36 new 225 ILCS 441/15-55 225 ILCS 441/15-60 225 ILCS 441/20-5 225 ILCS 441/25-15 225 ILCS 441/25-27 225 ILCS 441/25-17 rep. Adds reference to: 5 ILCS 120/2 from Ch. 102, par. 42 5 ILCS 140/7.5 5 ILCS 830/10-5 20 ILCS 2605/2605-304 new 20 ILCS 2605/2605-605 20 ILCS 3930/7.9 new 30 ILCS 105/5.938 new 30 ILCS 105/6z-99 30 ILCS 105/6z-125 new 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 430 ILCS 65/1.1 from Ch. 38, par. 83-1.1 430 ILCS 65/3 from Ch. 38, par. 83-3 430 ILCS 65/3.1 from Ch. 38, par. 83-3.1 430 ILCS 65/4 from Ch. 38, par. 83-4 430 ILCS 65/5 from Ch. 38, par. 83-5 430 ILCS 65/6 from Ch. 38, par. 83-6 430 ILCS 65/6.2 new 430 ILCS 65/7 from Ch. 38, par. 83-7 430 ILCS 65/7.5 new 430 ILCS 65/8.2 430 ILCS 65/8.3 430 ILCS 65/8.4 new 430 ILCS 65/8.5 new 430 ILCS 65/9.5 430 ILCS 65/10 from Ch. 38, par. 83-10 430 ILCS 65/11 from Ch. 38, par. 83-11 430 ILCS 65/13.2 from Ch. 38, par. 83-13.2 430 ILCS 65/13.4 new 430 ILCS 66/10 430 ILCS 66/10.5 new 430 ILCS 66/10.6 new 430 ILCS 66/20 430 ILCS 66/30 430 ILCS 66/50 430 ILCS 66/55 430 ILCS 66/66 new 430 ILCS 66/70 430 ILCS 67/35 430 ILCS 67/40 520 ILCS 5/2.11 from Ch. 61, par. 2.11 520 ILCS 5/2.26 from Ch. 61, par. 2.26 520 ILCS 5/2.33 from Ch. 61, par. 2.33 520 ILCS 5/2.34 from Ch. 61, par. 2.34 720 ILCS 5/24-3 from Ch. 38, par. 24-3 720 ILCS 5/24-8 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 730 ILCS 5/5-4-3a Replaces everything after the enacting clause. Amends the Illinois Criminal Justice Information Act. Creates the Firearm Prohibitors and Records Improvement Task Force to identify and research all available grants, resources, and revenue that may be applied for and used by all entities responsible for reporting federal and State firearms prohibitors to the Illinois State Police and the National Instant Criminal Background Check System. Provides that under the Firearm Owners Identification Card Act, these reporting entities include, but are not limited to, hospitals, courts, law enforcement and corrections. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and other support to the Task Force. Provides that the Task Force may meet in person or virtually and shall issue a written report of its findings and recommendations to the General Assembly on or before July 1, 2022. Repeals the Task Force provisions on July 1, 2027. Amends the Gun Trafficking Information Act. In a provision requiring the Illinois State Police to make certain information publicly available regarding firearms used in the commission of crimes, provides that the information shall include annual statistical information concerning Firearm Owner's Identification Card and concealed carry license applications, revocations, and compliance with a specified provision of the Firearm Owners Identification Card Act, firearm restraining order dispositions, and firearm dealer license certification inspections. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that the Illinois State Police shall develop an Internet-based system upon which the serial numbers of firearms that have been reported stolen are available for public access for individuals to ensure any firearms are not reported stolen prior to the sale or transfer of a firearm under a provision concerning transfer of firearms. Requires the Illinois State Police to have the Internet-based system completed and available for use by July 1, 2022. Provides that beginning January 1, 2024, any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact the Illinois State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card and initiate and complete an automated search of its criminal history record information files and those of the Federal Bureau of Investigation, including the National Instant Criminal Background Check System, and of the files of the Department of Human Services relating to mental health and developmental disabilities to obtain any felony conviction or patient hospitalization information which would disqualify a person from obtaining or require revocation of a currently valid Firearm Owner's Identification Card. Provides that the Illinois State Police shall develop an Internet-based system to conduct this check. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee under the Firearm Concealed Carry Act shall not expire during the term of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides that if a person who possesses a combined Firearm Owner's Identification Card and a concealed carry license becomes subject to suspension or revocation under the Firearm Concealed Carry Act, but is otherwise eligible for a valid Firearm Owner's Identification Card, the Illinois State Police shall ensure the person's Firearm Owner's Identification Card status is not interrupted. Provides for email notifications and text messages from the Illinois State Police upon request of an applicant or card holder. Creates expanded rulemaking authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Provides that the Illinois State Police shall continuously monitor relevant State and federal databases for firearms prohibitors and correlate those records with concealed carry license holders to ensure compliance with the Act and any other State and federal laws. Defines "firearms prohibitor". Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act. Makes conforming changes in various other Acts. Effective January 1, 2022, except that certain changes to the Firearm Owners Identification Card Act take effect January 1, 2024. Senate Floor Amendment No. 2 Provides that any person within this State who receives any firearm, stun gun, or taser from a person who is not a federally licensed firearm dealer shall provide a record of the transfer within 10 days of the transfer to a federally licensed firearm dealer and shall not be required to maintain a transfer record. Provides that the federally licensed firearm dealer shall maintain the transfer record for 20 years from date of receipt. Provides that a federally licensed firearm dealer may charge a fee not to exceed $25 to retain the record. Provides that the record shall be provided and maintained in either an electronic or paper format. Provides that the federally licensed firearm dealer shall not be liable for the accuracy of any information in the transfer record submitted pursuant to this provision.