Illinois 97th Regular Session Status: Enacted

SB 1806 — HOME INSPECTOR LICENSE ACT

Last action — Public Act . . . . . . . . . 97-0226

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Home Inspector License Act and the Regulatory Sunset Act. Permits the Department of Financial and Professional Regulation to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record. Allows the Department to take action, including imposing fines not to exceed $25,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Grants the Department authority to petition the Attorney General or local State's Attorney office where a violation occurs to enjoin the violation or order enforcement compliance with this Act. Provides that, on a showing of a possible violation, the Department may compel an applicant or a licensee to submit to a physical or mental examination. Repeals provisions concerning the Home Inspector Advisory Board. Creates peer review advisors that the Department may authorize to investigate complaints, revise the licensing examination at the direction of the Department, review training and qualifications of applicants, and interview witnesses, the complainant, and any licensees involved in an alleged matter. Provides the Department the authority to issue subpoenas, administer oaths at Department hearings, or petition the circuit courts to order the attendance and testimony of witnesses. Makes other changes. Amends the Regulatory Sunset Act to extend the Home Inspector License Act from January 1, 2012 to January 1, 2022. Effective immediately.

Bill Text

What changed in the latest version

47 added · 47 removed

Plain-language change summary

The updated version of Bill SB 1806 includes significant language changes regarding the disclosure of information related to investigations and complaints against home inspectors. Specifically, the Department can now only share examination or investigation materials with law enforcement or select regulatory agencies, while still making formal complaints against licensees public. This change aims to protect sensitive information while ensuring transparency for serious issues involving home inspectors. Understanding these amendments is important as they balance the need for public safety and privacy in regulatory processes.

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SB1806 Engrossed LRB097 07033 CEL 47126 b AN ACT concerning regulation.
SB1806 Enrolled LRB097 07033 CEL 47126 b AN ACT concerning regulation.
SB1806 Engrossed - 2 - LRB097 07033 CEL 47126 b Section 10.
SB1806 Enrolled - 2 - LRB097 07033 CEL 47126 b Section 10.
SB1806 Engrossed - 3 - LRB097 07033 CEL 47126 b "Commissioner" means the Commissioner of the Office of Banks and Real Estate or his or her designee.
SB1806 Enrolled - 3 - LRB097 07033 CEL 47126 b "Commissioner" means the Commissioner of the Office of Banks and Real Estate or his or her designee.
"Inspection assignment" means an engagement for which a SB1806 Engrossed - 4 - LRB097 07033 CEL 47126 b home inspector is employed or retained to conduct a home inspection and prepare a home inspection report.
"Inspection assignment" means an engagement for which a SB1806 Enrolled - 4 - LRB097 07033 CEL 47126 b home inspector is employed or retained to conduct a home inspection and prepare a home inspection report.
(a) It Beginning January 1, 2003, it is unlawful for any person, including any entity, to act or assume to act as a home inspector, to engage in the business of home inspection, to develop a home inspection report, to practice as a home inspector, or to advertise or hold himself, herself, or itself SB1806 Engrossed - 5 - LRB097 07033 CEL 47126 b out to be a home inspector without a home inspector license issued under this Act.
(a) It Beginning January 1, 2003, it is unlawful for any person, including any entity, to act or assume to act as a home inspector, to engage in the business of home inspection, to develop a home inspection report, to practice as a home inspector, or to advertise or hold himself, herself, or itself SB1806 Enrolled - 5 - LRB097 07033 CEL 47126 b out to be a home inspector without a home inspector license issued under this Act.
or (3) any person engaged by the owner or lessor of residential real property for the purpose of preparing a bid or estimate as to the work necessary or the costs associated with performing home construction, home remodeling, or home repair work on the residential real property, provided such person does not hold himself or herself out, or advertise himself or herself, as being SB1806 Engrossed - 6 - LRB097 07033 CEL 47126 b engaged in business as a home inspector.
or (3) any person engaged by the owner or lessor of residential real property for the purpose of preparing a bid or estimate as to the work necessary or the costs associated with performing home construction, home remodeling, or home repair work on the residential real property, provided such person does not hold himself or herself out, or advertise himself or herself, as being SB1806 Enrolled - 6 - LRB097 07033 CEL 47126 b engaged in business as a home inspector.
SB1806 Engrossed - 7 - LRB097 07033 CEL 47126 b Applicants have 3 years after the date of the application to complete the application process.
SB1806 Enrolled - 7 - LRB097 07033 CEL 47126 b Applicants have 3 years after the date of the application to complete the application process.
In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include SB1806 Engrossed - 8 - LRB097 07033 CEL 47126 b the applicant's Social Security Number.
In addition to any other information required to be contained in the application, every application for an original, renewal, reinstated, or restored license under this Act shall include SB1806 Enrolled - 8 - LRB097 07033 CEL 47126 b the applicant's Social Security Number.
(c) Notwithstanding subsection (b), a home inspector whose license under this Act has expired may renew the license without paying any lapsed renewal fees or late penalties if (i) SB1806 Engrossed - 9 - LRB097 07033 CEL 47126 b the license expired while the home inspector was on active duty with the United States Armed Services, (ii) application for renewal is made within 2 years following the termination of the military service or related education, training, or employment, and (iii) the applicant furnishes to the Department OBRE an affidavit that he or she was so engaged.
(c) Notwithstanding subsection (b), a home inspector whose license under this Act has expired may renew the license without paying any lapsed renewal fees or late penalties if (i) SB1806 Enrolled - 9 - LRB097 07033 CEL 47126 b the license expired while the home inspector was on active duty with the United States Armed Services, (ii) application for renewal is made within 2 years following the termination of the military service or related education, training, or employment, and (iii) the applicant furnishes to the Department OBRE an affidavit that he or she was so engaged.
(b) An entity that is not a natural person whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the SB1806 Engrossed - 10 - LRB097 07033 CEL 47126 b requirements of subsection (a) of this Section and paying any late penalties established by rule.
(b) An entity that is not a natural person whose license under this Act has expired may renew the license for a period of 2 years following the expiration date by complying with the SB1806 Enrolled - 10 - LRB097 07033 CEL 47126 b requirements of subsection (a) of this Section and paying any late penalties established by rule.
(a) A nonresident who holds a valid home inspector license SB1806 Engrossed - 11 - LRB097 07033 CEL 47126 b issued to him or her by the proper licensing authority of a state, territory, possession of the United States, or the District of Columbia that has licensing requirements equal to or substantially equivalent to the requirements of the State of Illinois and otherwise meets the requirements for licensure may obtain a license without examination, provided that:
(a) A nonresident who holds a valid home inspector license SB1806 Enrolled - 11 - LRB097 07033 CEL 47126 b issued to him or her by the proper licensing authority of a state, territory, possession of the United States, or the District of Columbia that has licensing requirements equal to or substantially equivalent to the requirements of the State of Illinois and otherwise meets the requirements for licensure may obtain a license without examination, provided that:
If a summons, process, or SB1806 Engrossed - 12 - LRB097 07033 CEL 47126 b other pleading is served upon the Commissioner, it shall be by duplicate copies, one of which shall be retained by OBRE and the other shall be immediately forwarded by certified or registered mail to the last known address of the nonresident licensee against whom the summons, process, or other pleading is directed.
If a summons, process, or SB1806 Enrolled - 12 - LRB097 07033 CEL 47126 b other pleading is served upon the Commissioner, it shall be by duplicate copies, one of which shall be retained by OBRE and the other shall be immediately forwarded by certified or registered mail to the last known address of the nonresident licensee against whom the summons, process, or other pleading is directed.
The Department may OBRE shall consider nationally recognized standards and codes prior to adopting the rules for SB1806 Engrossed - 13 - LRB097 07033 CEL 47126 b the standards of practice.
The Department may OBRE shall consider nationally recognized standards and codes prior to adopting the rules for SB1806 Enrolled - 13 - LRB097 07033 CEL 47126 b the standards of practice.
(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice home inspection or as a home inspector without being licensed under this Act violates Section 5-5 of this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department OBRE in an amount not to exceed $25,000 $10,000 for each violation of this Act as determined by the Department SB1806 Engrossed - 14 - LRB097 07033 CEL 47126 b Commissioner.
(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice home inspection or as a home inspector without being licensed under this Act violates Section 5-5 of this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department OBRE in an amount not to exceed $25,000 $10,000 for each violation of this Act as determined by the Department SB1806 Enrolled - 14 - LRB097 07033 CEL 47126 b Commissioner.
Upon the filing of a verified petition in a circuit court, SB1806 Engrossed - 15 - LRB097 07033 CEL 47126 b the court, if satisfied by affidavit or otherwise that a person has been engaged in the practice of home inspections without a valid license, may enter a temporary restraining order without notice or bond enjoining the defendant from further practice.
Upon the filing of a verified petition in a circuit court, SB1806 Enrolled - 15 - LRB097 07033 CEL 47126 b the court, if satisfied by affidavit or otherwise that a person has been engaged in the practice of home inspections without a valid license, may enter a temporary restraining order without notice or bond enjoining the defendant from further practice.
(a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other SB1806 Engrossed - 16 - LRB097 07033 CEL 47126 b disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $25,000 for each violation, with regard to any license for any one or combination of the following:
(a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand, or take other SB1806 Enrolled - 16 - LRB097 07033 CEL 47126 b disciplinary or non-disciplinary action as the Department may deem appropriate, including imposing fines not to exceed $25,000 for each violation, with regard to any license for any one or combination of the following:
(4) Conviction by plea of guilty or nolo contendere, SB1806 Engrossed - 17 - LRB097 07033 CEL 47126 b finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States:
(4) Conviction by plea of guilty or nolo contendere, SB1806 Enrolled - 17 - LRB097 07033 CEL 47126 b finding of guilt, jury verdict, or entry of judgment or by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States:
(7) Failing or refusing without good cause to exercise reasonable diligence in the development, reporting, or communication of a home inspection report, as defined by SB1806 Engrossed - 18 - LRB097 07033 CEL 47126 b this Act or the rules.
(7) Failing or refusing without good cause to exercise reasonable diligence in the development, reporting, or communication of a home inspection report, as defined by SB1806 Enrolled - 18 - LRB097 07033 CEL 47126 b this Act or the rules.
(13) Being adjudicated liable in a civil proceeding on SB1806 Engrossed - 19 - LRB097 07033 CEL 47126 b grounds of fraud, misrepresentation, or deceit.
(13) Being adjudicated liable in a civil proceeding on SB1806 Enrolled - 19 - LRB097 07033 CEL 47126 b grounds of fraud, misrepresentation, or deceit.
It is a violation of this Act for a home inspector to sign a home inspection report knowing that a SB1806 Engrossed - 20 - LRB097 07033 CEL 47126 b person providing a significant contribution to the report has not been disclosed in the home inspection report.
It is a violation of this Act for a home inspector to sign a home inspection report knowing that a SB1806 Enrolled - 20 - LRB097 07033 CEL 47126 b person providing a significant contribution to the report has not been disclosed in the home inspection report.
SB1806 Engrossed - 21 - LRB097 07033 CEL 47126 b (24) Willfully making or filing false records or reports in his or her practice, including, but not limited to, false records filed with State agencies or departments.
SB1806 Enrolled - 21 - LRB097 07033 CEL 47126 b (24) Willfully making or filing false records or reports in his or her practice, including, but not limited to, false records filed with State agencies or departments.
(3) Committing an act or omission involving dishonesty, fraud, or misrepresentation or allowing any SB1806 Engrossed - 22 - LRB097 07033 CEL 47126 b such act or omission by any employee or contractor under the control of the education provider.
(3) Committing an act or omission involving dishonesty, fraud, or misrepresentation or allowing any SB1806 Enrolled - 22 - LRB097 07033 CEL 47126 b such act or omission by any employee or contractor under the control of the education provider.
SB1806 Engrossed - 23 - LRB097 07033 CEL 47126 b (c) In appropriate cases, the Department OBRE may resolve a complaint against a licensee through the issuance of a Consent to Administrative Supervision order.
SB1806 Enrolled - 23 - LRB097 07033 CEL 47126 b (c) In appropriate cases, the Department OBRE may resolve a complaint against a licensee through the issuance of a Consent to Administrative Supervision order.
(e) The Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the SB1806 Engrossed - 24 - LRB097 07033 CEL 47126 b Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(e) The Department shall deny a license or renewal authorized by this Act to a person who has defaulted on an educational loan or scholarship provided or guaranteed by the SB1806 Enrolled - 24 - LRB097 07033 CEL 47126 b Illinois Student Assistance Commission or any governmental agency of this State in accordance with item (5) of subsection (g) of Section 2105-15 of the Civil Administrative Code of Illinois.
(h) In enforcing this Act, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under SB1806 Engrossed - 25 - LRB097 07033 CEL 47126 b this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.
(h) In enforcing this Act, the Department, upon a showing of a possible violation, may compel an individual licensed to practice under this Act, or who has applied for licensure under SB1806 Enrolled - 25 - LRB097 07033 CEL 47126 b this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.
Submission to care, counseling, SB1806 Engrossed - 26 - LRB097 07033 CEL 47126 b or treatment as required by the Department shall not be considered discipline of a license.
Submission to care, counseling, SB1806 Enrolled - 26 - LRB097 07033 CEL 47126 b or treatment as required by the Department shall not be considered discipline of a license.
8-3-01.) (225 ILCS 441/15-15) SB1806 Engrossed - 27 - LRB097 07033 CEL 47126 b (Section scheduled to be repealed on January 1, 2012) Sec.
8-3-01.) (225 ILCS 441/15-15) SB1806 Enrolled - 27 - LRB097 07033 CEL 47126 b (Section scheduled to be repealed on January 1, 2012) Sec.
In case the person, after receiving the notice, fails to file an answer, his or her license, may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may take whatever disciplinary actions considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the SB1806 Engrossed - 28 - LRB097 07033 CEL 47126 b act or acts charged constitute sufficient grounds for that action under the Act.
In case the person, after receiving the notice, fails to file an answer, his or her license, may, in the discretion of the Department, be revoked, suspended, placed on probationary status, or the Department may take whatever disciplinary actions considered proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing, if the SB1806 Enrolled - 28 - LRB097 07033 CEL 47126 b act or acts charged constitute sufficient grounds for that action under the Act.
and that the license may be suspended, revoked, or placed on probationary status and other disciplinary action may be taken pursuant to this Act, including limiting the scope, nature, or SB1806 Engrossed - 29 - LRB097 07033 CEL 47126 b extent of the licensee's practice.
and that the license may be suspended, revoked, or placed on probationary status and other disciplinary action may be taken pursuant to this Act, including limiting the scope, nature, or SB1806 Enrolled - 29 - LRB097 07033 CEL 47126 b extent of the licensee's practice.
If the SB1806 Engrossed - 30 - LRB097 07033 CEL 47126 b Commissioner is not satisfied that substantial justice has been done, the Commissioner may order a rehearing by the Board or other special committee appointed by the Commissioner, may remand the matter to the Board for their reconsideration of the matter based on the pleadings and evidence presented to the Board, or may enter a final order in contravention of the Board's recommendation.
If the SB1806 Enrolled - 30 - LRB097 07033 CEL 47126 b Commissioner is not satisfied that substantial justice has been done, the Commissioner may order a rehearing by the Board or other special committee appointed by the Commissioner, may remand the matter to the Board for their reconsideration of the matter based on the pleadings and evidence presented to the Board, or may enter a final order in contravention of the Board's recommendation.
(e) The Office of Banks and Real Estate has the power to issue subpoenas and subpoenas duces tecum to bring before it any person in this State, to take testimony, or to require production of any records relevant to an inquiry or hearing by SB1806 Engrossed - 31 - LRB097 07033 CEL 47126 b the Board in the same manner as prescribed by law in judicial proceedings in the courts of this State.
(e) The Office of Banks and Real Estate has the power to issue subpoenas and subpoenas duces tecum to bring before it any person in this State, to take testimony, or to require production of any records relevant to an inquiry or hearing by SB1806 Enrolled - 31 - LRB097 07033 CEL 47126 b the Board in the same manner as prescribed by law in judicial proceedings in the courts of this State.
(b) The Department shall not be required to certify any record to the court or file any answer in court or otherwise SB1806 Engrossed - 32 - LRB097 07033 CEL 47126 b appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department.
(b) The Department shall not be required to certify any record to the court or file any answer in court or otherwise SB1806 Enrolled - 32 - LRB097 07033 CEL 47126 b appear in any court in a judicial review proceeding, unless and until the Department has received from the plaintiff payment of the costs of furnishing and certifying the record, which costs shall be determined by the Department.
The Secretary Commissioner may temporarily suspend the license of a licensee without a hearing, while instituting a proceeding for a hearing as provided for in Section 15-15 of this Act, if the Secretary Commissioner finds that the evidence indicates that the public interest, safety, or welfare imperatively requires emergency SB1806 Engrossed - 33 - LRB097 07033 CEL 47126 b action.
The Secretary Commissioner may temporarily suspend the license of a licensee without a hearing, while instituting a proceeding for a hearing as provided for in Section 15-15 of this Act, if the Secretary Commissioner finds that the evidence indicates that the public interest, safety, or welfare imperatively requires emergency SB1806 Enrolled - 33 - LRB097 07033 CEL 47126 b action.
8-3-01.) (225 ILCS 441/15-55) (Section scheduled to be repealed on January 1, 2012) SB1806 Engrossed - 34 - LRB097 07033 CEL 47126 b Sec.
8-3-01.) (225 ILCS 441/15-55) (Section scheduled to be repealed on January 1, 2012) SB1806 Enrolled - 34 - LRB097 07033 CEL 47126 b Sec.
8-3-01.) SB1806 Engrossed - 35 - LRB097 07033 CEL 47126 b (225 ILCS 441/15-60) (Section scheduled to be repealed on January 1, 2012) Sec.
8-3-01.) SB1806 Enrolled - 35 - LRB097 07033 CEL 47126 b (225 ILCS 441/15-60) (Section scheduled to be repealed on January 1, 2012) Sec.
(b) If any person practices as a home inspector or holds himself or herself out as a home inspector without being licensed under the provisions of this Act, then the Secretary, any licensed home inspector, any interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section or may apply to the circuit court of the county in which the violation or some part thereof SB1806 Engrossed - 36 - LRB097 07033 CEL 47126 b occurred, or in which the person complained of has his or her principal place of business or resides, to prevent the violation.
(b) If any person practices as a home inspector or holds himself or herself out as a home inspector without being licensed under the provisions of this Act, then the Secretary, any licensed home inspector, any interested party, or any person injured thereby may petition for relief as provided in subsection (a) of this Section or may apply to the circuit court of the county in which the violation or some part thereof SB1806 Enrolled - 36 - LRB097 07033 CEL 47126 b occurred, or in which the person complained of has his or her principal place of business or resides, to prevent the violation.
8-3-01.) SB1806 Engrossed - 37 - LRB097 07033 CEL 47126 b (225 ILCS 441/15-65 new) Sec.
8-3-01.) SB1806 Enrolled - 37 - LRB097 07033 CEL 47126 b (225 ILCS 441/15-65 new) Sec.
Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any SB1806 Engrossed - 38 - LRB097 07033 CEL 47126 b purpose to any other agency or person.
Information and documents disclosed to a federal, State, county, or local law enforcement agency shall not be disclosed by the agency for any SB1806 Enrolled - 38 - LRB097 07033 CEL 47126 b purpose to any other agency or person.
SB1806 Engrossed - 39 - LRB097 07033 CEL 47126 b (c) All applicants for an education provider's license shall make initial application to the Department OBRE on forms provided by the Department OBRE and pay the appropriate fee as provided by rule.
SB1806 Enrolled - 39 - LRB097 07033 CEL 47126 b (c) All applicants for an education provider's license shall make initial application to the Department OBRE on forms provided by the Department OBRE and pay the appropriate fee as provided by rule.
(c) For each course approved, the Department OBRE shall issue a certificate of course approval to the education SB1806 Engrossed - 40 - LRB097 07033 CEL 47126 b provider.
(c) For each course approved, the Department OBRE shall issue a certificate of course approval to the education SB1806 Enrolled - 40 - LRB097 07033 CEL 47126 b provider.
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except that if there is a sufficient fund balance in the SB1806 Engrossed - 41 - LRB097 07033 CEL 47126 b Home Inspector Administration Fund, the Commissioner may recommend the acceleration of any of these repayment transfers to the State Comptroller and State Treasurer, who may, in their discretion, accelerate the transfers in accordance with the Commissioner's recommendation.
except that if there is a sufficient fund balance in the SB1806 Enrolled - 41 - LRB097 07033 CEL 47126 b Home Inspector Administration Fund, the Commissioner may recommend the acceleration of any of these repayment transfers to the State Comptroller and State Treasurer, who may, in their discretion, accelerate the transfers in accordance with the Commissioner's recommendation.
The Secretary Commissioner SB1806 Engrossed - 42 - LRB097 07033 CEL 47126 b shall appoint an employee of the Department OBRE to:
The Secretary Commissioner SB1806 Enrolled - 42 - LRB097 07033 CEL 47126 b shall appoint an employee of the Department OBRE to:
(225 ILCS 441/25-20) (Section scheduled to be repealed on January 1, 2012) SB1806 Engrossed - 43 - LRB097 07033 CEL 47126 b Sec.
(225 ILCS 441/25-20) (Section scheduled to be repealed on January 1, 2012) SB1806 Enrolled - 43 - LRB097 07033 CEL 47126 b Sec.
(a) The Department may subpoena and bring before it any person to take oral or written testimony or compel the SB1806 Engrossed - 44 - LRB097 07033 CEL 47126 b production of any books, papers, records, or any other documents the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department with the same fees and in the same manner as prescribed in civil cases in the courts of this State.
(a) The Department may subpoena and bring before it any person to take oral or written testimony or compel the SB1806 Enrolled - 44 - LRB097 07033 CEL 47126 b production of any books, papers, records, or any other documents the Secretary or his or her designee deems relevant or material to any investigation or hearing conducted by the Department with the same fees and in the same manner as prescribed in civil cases in the courts of this State.
This Act takes effect upon SB1806 Engrossed - 45 - LRB097 07033 CEL 47126 b becoming law.
This Act takes effect upon SB1806 Enrolled - 45 - LRB097 07033 CEL 47126 b becoming law.
SB1806 Engrossed - 46 - LRB097 07033 CEL 47126 b INDEX Statutes amended in order of appearance 5 ILCS 80/4.22 5 ILCS 80/4.32 new 225 ILCS 441/1-10 225 ILCS 441/5-5 225 ILCS 441/5-10 225 ILCS 441/5-12 225 ILCS 441/5-14 new 225 ILCS 441/5-16 225 ILCS 441/5-17 225 ILCS 441/5-20 225 ILCS 441/5-45 225 ILCS 441/10-5 225 ILCS 441/10-10 225 ILCS 441/15-5 225 ILCS 441/15-10 225 ILCS 441/15-15 225 ILCS 441/15-20 225 ILCS 441/15-25 225 ILCS 441/15-35 225 ILCS 441/15-55 225 ILCS 441/15-60 225 ILCS 441/15-65 new 225 ILCS 441/15-70 new SB1806 Engrossed - 47 - LRB097 07033 CEL 47126 b 225 ILCS 441/20-5 225 ILCS 441/20-10 225 ILCS 441/25-5 225 ILCS 441/25-15 225 ILCS 441/25-17 new 225 ILCS 441/25-20 225 ILCS 441/25-25 225 ILCS 441/25-27 new 225 ILCS 441/5-15 rep.
SB1806 Enrolled - 46 - LRB097 07033 CEL 47126 b INDEX Statutes amended in order of appearance 5 ILCS 80/4.22 5 ILCS 80/4.32 new 225 ILCS 441/1-10 225 ILCS 441/5-5 225 ILCS 441/5-10 225 ILCS 441/5-12 225 ILCS 441/5-14 new 225 ILCS 441/5-16 225 ILCS 441/5-17 225 ILCS 441/5-20 225 ILCS 441/5-45 225 ILCS 441/10-5 225 ILCS 441/10-10 225 ILCS 441/15-5 225 ILCS 441/15-10 225 ILCS 441/15-15 225 ILCS 441/15-20 225 ILCS 441/15-25 225 ILCS 441/15-35 225 ILCS 441/15-55 225 ILCS 441/15-60 225 ILCS 441/15-65 new 225 ILCS 441/15-70 new SB1806 Enrolled - 47 - LRB097 07033 CEL 47126 b 225 ILCS 441/20-5 225 ILCS 441/20-10 225 ILCS 441/25-5 225 ILCS 441/25-15 225 ILCS 441/25-17 new 225 ILCS 441/25-20 225 ILCS 441/25-25 225 ILCS 441/25-27 new 225 ILCS 441/5-15 rep.
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Action History

  1. Public Act . . . . . . . . . 97-0226

  2. Effective Date July 28, 2011

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Short Debate - Passed 113-000-000

  7. Placed on Calendar Order of 3rd Reading - Short Debate

  8. Second Reading - Short Debate

  9. Placed on Calendar 2nd Reading - Short Debate

  10. Do Pass / Short Debate Business & Occupational Licenses Committee; 010-000-000

  11. Assigned to Business & Occupational Licenses Committee

  12. Referred to Rules Committee

  13. First Reading

  14. Chief House Sponsor Rep. Constance A. Howard

  15. Placed on Calendar Order of First Reading

  16. Arrived in House

  17. Third Reading - Passed; 053-000-000

  18. Placed on Calendar Order of 3rd Reading March 10, 2011

  19. Second Reading

  20. Placed on Calendar Order of 2nd Reading March 8, 2011

  21. Do Pass Licensed Activities; 008-000-000

  22. Assigned to Licensed Activities

  23. Referred to Assignments

  24. First Reading

  25. Filed with Secretary by Sen. Pamela J. Althoff

Sponsors

  • Pamela J. Althoff · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Pamela J. Althoff

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 94005
Democrat 13000
Republican 6000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Brauer — Yea
Brown — Yea
Burns — Not Voting
Colvin — Yea
Connelly — Yea
McAsey — Yea
Mulligan — Yea
Holbrook — Yea
Jakobsson — Yea
Jefferson — Yea
Kay — Yea
Nybo — Yea
McAuliffe — Yea
Reitz — Yea
Lyons — Yea
McCarthy — Yea
Mell — Yea
Senger — Yea
Sente — Yea
McGuire — Yea
Bradley — Yea
Mitchell, Bill — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Golar — Yea
Lang — Yea
Mitchell, Jerry — Yea
Leitch — Yea
Madigan — Yea
Burke, Daniel — Yea
Harris, David — Yea
Burke, Kelly — Yea
Harris, Greg — Yea
Sullivan — Yea
Mendoza — Not Voting
Moffitt — Yea
Morthland — Yea
Hernandez — Yea
Nekritz — Yea
Osterman — Not Voting
Howard — Yea
Pihos — Yea
Sommer — Yea
Watson — Yea
Soto — Yea
Williams — Yea
Jones — Yea
Thapedi — Yea
Tryon — Yea
Davis, Monique — Yea
Turner — Yea
Unes — Yea
Brady — Not Voting
Verschoore — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Currie — Yea
D'Amico — Yea
Gordon — Yea
Hatcher — Yea
Hays — Yea
Jackson — Yea
Kosel — Yea
Winters — Yea
Yarbrough — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Roth — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Zalewski — Yea
Acevedo — Yea
Arroyo — Yea
Barickman — Not Voting
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biss — Yea
Mautino — Yea
Bost — Yea
May — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Bill Cunningham Democrat Yea
Camille Y. Lilly Democrat Yea
Fred Crespo Democrat Yea
Julie A. Morrison Democrat Yea
La Shawn K. Ford Democrat Yea
Michelle Mussman Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Official roll call →

Third Reading

Passed 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 42004
Democrat 8002
Republican 3000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Dillard — Yea
Forby — Yea
Muñoz — Yea
Link — Yea
Luechtefeld — Yea
McCann — Yea
McCarter — Yea
Millner — Yea
Mulroe — Yea
Schoenberg — Yea
Brady — Yea
Silverstein — Yea
Johnson, C. — Yea
Johnson, T. — Yea
Steans — Yea
Sullivan — Yea
Jones, J. — Yea
Clayborne — Yea
Crotty — Yea
Cultra — Yea
Haine — Yea
Kotowski — Yea
Cullerton — Yea
Landek — Yea
Lauzen — Yea
Jacobs — Not Voting
Meeks — Not Voting
Noland — Yea
Duffy — Yea
Frerichs — Yea
Garrett — Yea
Hutchinson — Not Voting
Trotter — Not Voting
Wilhelmi — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Sandack — Yea
Sandoval — Yea
LaHood — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Not Voting
Dave Syverson Republican Yea
Kevin Schmidt Republican Yea
Sue Rezin Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 1806 do?
Amends the Home Inspector License Act and the Regulatory Sunset Act. Permits the Department of Financial and Professional Regulation to disclose information and documents related to an examination or investigation of a licensee or applicant only to law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to the Department. Provides that any formal complaint against a licensee filed with the Department or an order issued by the Department against a licensee or applicant shall be a public record. Allows the Department to take action, including imposing fines not to exceed $25,000 per violation, if the individual meets the requirements for grounds for disciplinary action. Grants the Department authority to petition the Attorney General or local State's Attorney office where a violation occurs to enjoin the violation or order enforcement compliance with this Act. Provides that, on a showing of a possible violation, the Department may compel an applicant or a licensee to submit to a physical or mental examination. Repeals provisions concerning the Home Inspector Advisory Board. Creates peer review advisors that the Department may authorize to investigate complaints, revise the licensing examination at the direction of the Department, review training and qualifications of applicants, and interview witnesses, the complainant, and any licensees involved in an alleged matter. Provides the Department the authority to issue subpoenas, administer oaths at Department hearings, or petition the circuit courts to order the attendance and testimony of witnesses. Makes other changes. Amends the Regulatory Sunset Act to extend the Home Inspector License Act from January 1, 2012 to January 1, 2022. Effective immediately.
Who sponsors SB 1806?
SB 1806 is sponsored by Pamela J. Althoff.
What is the current status of SB 1806?
This bill has been enacted into law. Introduced February 09, 2011. Enacted.
Where can I track SB 1806?
Track SB 1806 free on One Click Politics — get push/email alerts when it moves.

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