Sen. Chuck Weaver

Filed: 6/29/2017

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1
AMENDMENT TO HOUSE BILL 3342
2 AMENDMENT NO. ______. Amend House Bill 3342 by replacing
3everything after the enacting clause with the following:
4 "Section 5. If and only if Senate Bill 1688 of the 100th
5General Assembly becomes law, the Collateral Recovery Act is
6amended by changing Sections 40, 45, 80, and 85 as follows:
7 (225 ILCS 422/40)
8 (Section scheduled to be repealed on January 1, 2022)
9 Sec. 40. Qualifications for recovery manager;
10identification card.
11 (a) An applicant is qualified for licensure as a recovery
12manager if that person meets all of the following requirements:
13 (1) Is 21 years of age or older.
14 (2) If convicted of any felony and less than 5 7 years
15 have passed from the time of discharge from the sentence
16 imposed, then a finding by the Commission in accordance

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1 with Section 85 that the conviction will not impair the
2 applicant's ability to engage in the position requiring a
3 license.
4 (3) Has completed no less than 2,500 hours of actual
5 compensated collateral recovery work as an employee of a
6 repossession agency, a financial institution, or a vehicle
7 dealer within the 5 years immediately preceding the filing
8 of an application, acceptable proof of which must be
9 submitted to the Commission.
10 (4) Has submitted to the Commission 2 sets of
11 fingerprints, which shall be checked against the
12 fingerprint records on file with the Illinois State Police
13 and the Federal Bureau of Investigation in the manner set
14 forth in Section 60 of this Act.
15 (5) Has successfully completed a certification program
16 approved by the Commission.
17 (6) Has paid the required application fees.
18 (b) Upon the issuance of a recovery manager license, the
19Commission shall issue the license holder a suitable pocket
20identification card that shall include a photograph of the
21license holder. The identification card must contain the name
22of the license holder and any other information required by the
23Commission. An applicant who is 21 years of age or older
24seeking a religious exemption to the photograph requirement of
25this subsection shall furnish with his or her application an
26approved copy of United States Department of the Treasury

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1Internal Revenue Service Form 4029.
2 (c) A recovery manager license is not transferable.
3(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15;
4100SB1688enr.)
5 (225 ILCS 422/45)
6 (Section scheduled to be repealed on January 1, 2022)
7 Sec. 45. Repossession agency employee requirements.
8 (a) All employees of a licensed repossession agency whose
9duties include the actual repossession of collateral must apply
10for a recovery permit. The holder of a repossession agency
11license issued under this Act, known in this Section as the
12"employer", may employ in the conduct of the business under the
13following provisions:
14 (1) No person may be issued a recovery permit who meets
15 any of the following criteria:
16 (A) Is younger than 21 years of age.
17 (B) Has been convicted of a crime identified in
18 paragraph (3) of subsection (a) of Section 80 of this
19 Act and the Commission determines the ability of the
20 person to engage in the position for which a permit is
21 sought is impaired as a result of the conviction. Has
22 been determined by the Commission to be unfit by reason
23 of conviction of an offense in this or another state,
24 other than a minor traffic offense, that the Commission
25 determines in accordance with Section 85 will impair

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1 the ability of the person to engage in the position for
2 which a permit is sought. The Commission shall adopt
3 rules for making those determinations.
4 (C) Has had a license or recovery permit denied,
5 suspended, or revoked under this Act.
6 (D) Has not successfully completed a certification
7 program approved by the Commission.
8 (2) No person may be employed by a repossession agency
9 under this Section until he or she has executed and
10 furnished to the Commission, on forms furnished by the
11 Commission, a verified statement to be known as an
12 "Employee's Statement" setting forth all of the following:
13 (A) The person's full name, age, and residence
14 address.
15 (B) The business or occupation engaged in for the 5
16 years immediately before the date of the execution of
17 the statement, the place where the business or
18 occupation was engaged in, and the names of the
19 employers, if any.
20 (C) That the person has not had a license or
21 recovery permit denied, revoked, or suspended under
22 this Act.
23 (D) Any conviction of a felony, except as provided
24 for in Section 85.
25 (E) Any other information as may be required by any
26 rule of the Commission to show the good character,

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1 competency, and integrity of the person executing the
2 statement.
3 (b) Each applicant for a recovery permit shall have his or
4her fingerprints submitted to the Commission by a Live Scan
5fingerprint vendor certified by the Illinois State Police under
6the Private Detective, Private Alarm, Private Security,
7Fingerprint Vendor, and Locksmith Act of 2004 in an electronic
8format that complies with the form and manner for requesting
9and furnishing criminal history record information as
10prescribed by the Illinois State Police. These fingerprints
11shall be checked against the Illinois State Police and Federal
12Bureau of Investigation criminal history record databases now
13and hereafter filed. The Commission shall charge applicants a
14fee for conducting the criminal history records check, which
15shall not exceed the actual cost of the records check. The
16Illinois Commerce Commission Police shall furnish, pursuant to
17positive identification, records of Illinois convictions to
18the Commission. The Commission, in its discretion, may allow an
19applicant who does not have reasonable access to a designated
20vendor to provide his or her fingerprints in an alternative
21manner. The Commission, in its discretion, may also use other
22procedures in performing or obtaining criminal history records
23checks of applicants. Instead of submitting his or her
24fingerprints, an individual may submit proof that is
25satisfactory to the Commission that an equivalent security
26clearance has been conducted.

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1 (c) Qualified applicants shall purchase a recovery permit
2from the Commission and in a form that the Commission
3prescribes. The Commission shall notify the submitting person
4within 10 days after receipt of the application of its intent
5to issue or deny the recovery permit. The holder of a recovery
6permit shall carry the recovery permit at all times while
7actually engaged in the performance of the duties of his or her
8employment. No recovery permit shall be effective unless
9accompanied by a license issued by the Commission. Expiration
10and requirements for renewal of recovery permits shall be
11established by rule of the Commission. Possession of a recovery
12permit does not in any way imply that the holder of the
13recovery permit is employed by any agency unless the recovery
14permit is accompanied by the employee identification card
15required by subsection (e) of this Section.
16 (d) Each employer shall maintain a record of each employee
17that is accessible to the duly authorized representatives of
18the Commission. The record shall contain all of the following
19information:
20 (1) A photograph taken within 10 days after the date
21 that the employee begins employment with the employer. The
22 photograph shall be replaced with a current photograph
23 every 3 calendar years.
24 (2) The Employee's Statement specified in paragraph
25 (2) of subsection (a) of this Section.
26 (3) All correspondence or documents relating to the

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1 character and integrity of the employee received by the
2 employer from any official source or law enforcement
3 agency.
4 (4) In the case of former employees, the employee
5 identification card of that person issued under subsection
6 (e) of this Section.
7 (e) Every employer shall furnish an employee
8identification card to each of his or her employees. This
9subsection (e) shall not apply to office or clerical personnel.
10This employee identification card shall contain a recent
11photograph of the employee, the employee's name, the name and
12agency license number of the employer, the employee's personal
13description, the signature of the employer, the signature of
14that employee, the date of issuance, and an employee
15identification card number.
16 (f) No employer may issue an employee identification card
17to any person who is not employed by the employer in accordance
18with this Section or falsely state or represent that a person
19is or has been in his or her employ. It is unlawful for an
20applicant for registration to file with the Commission the
21fingerprints of a person other than himself or herself or to
22fail to exercise due diligence in resubmitting replacement
23fingerprints for those employees who have had original
24fingerprint submissions returned as unclassifiable. An agency
25shall inform the Commission within 15 days after contracting or
26employing a licensed repossession agency employee. The

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1Commission shall develop a registration process by rule.
2 (g) Every employer shall obtain the identification card of
3every employee who terminates employment with the employer. An
4employer shall immediately report an identification card that
5is lost or stolen to the local police department having
6jurisdiction over the repossession agency location.
7 (h) No agency may employ any person to perform any activity
8under this Act unless the person possesses a valid license or
9recovery permit under this Act.
10 (i) If information is discovered affecting the
11registration of a person whose fingerprints were submitted
12under this Section, then the Commission shall so notify the
13agency that submitted the fingerprints on behalf of that
14person.
15 (j) A person employed under this Section shall have 15
16business days within which to notify the Commission of any
17change in employer, but may continue working under any other
18recovery permits granted as an employee or independent
19contractor.
20 (k) This Section applies only to those employees of
21licensed repossession agencies whose duties include actual
22repossession of collateral.
23 (l) An applicant who is 21 years of age or older seeking a
24religious exemption to the photograph requirement of this
25Section shall furnish with his or her application an approved
26copy of United States Department of the Treasury Internal

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1Revenue Service Form 4029. Regardless of age, an applicant
2seeking a religious exemption to this photograph requirement
3shall submit fingerprints in a form and manner prescribed by
4the Commission with his or her application in lieu of a
5photograph.
6(Source: P.A. 97-576, eff. 7-1-12; 98-848, eff. 1-1-15;
7100SB1688enr.)
8 (225 ILCS 422/80)
9 (Section scheduled to be repealed on January 1, 2022)
10 Sec. 80. Refusal, revocation, or suspension.
11 (a) The Commission may refuse to issue or renew or may
12revoke any license or recovery permit or may suspend, place on
13probation, fine, or take any disciplinary action that the
14Commission may deem proper, including fines not to exceed
15$2,500 for each violation, with regard to any license holder or
16recovery permit holder and applicant for one or any combination
17of the following causes:
18 (1) Knowingly making any misrepresentation for the
19 purpose of obtaining a license or recovery permit.
20 (2) Violations of this Act or its rules.
21 (3) For license licensees or permit holders and
22 applicants, conviction of any crime under the laws of the
23 United States or any state or territory thereof that is (i)
24 a felony, (ii) a misdemeanor, an essential element of which
25 is dishonesty, or (iii) a crime that is related to the

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1 practice of the profession. For license or permit holders
2 and applicants, the provisions of Section 85 of this Act
3 apply. the Commission may refuse to issue a license or
4 permit based on restrictions set forth in paragraph (2) of
5 subsection (a) of Section 40 and subparagraph (B) of
6 paragraph (1) of subsection (a) of Section 45,
7 respectively, if the Commission determines in accordance
8 with Section 85 that such conviction will impair the
9 ability of the applicant to engage in the position for
10 which a license or permit is sought.
11 (4) Aiding or abetting another in violating any
12 provision of this Act or its rules.
13 (5) Engaging in dishonorable, unethical, or
14 unprofessional conduct of a character likely to deceive,
15 defraud, or harm the public as defined by rule.
16 (6) Violation of any court order from any State or
17 public agency engaged in the enforcement of payment of
18 child support arrearages or for noncompliance with certain
19 processes relating to paternity or support proceeding.
20 (7) Solicitation of professional services by using
21 false or misleading advertising.
22 (8) A finding that the license or recovery permit was
23 obtained by fraudulent means.
24 (9) Practicing or attempting to practice under a name
25 other than the full name shown on the license or recovery
26 permit or any other legally authorized name.

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1 (b) The Commission may refuse to issue or may suspend the
2license or recovery permit of any person or entity who fails to
3file a return, pay the tax, penalty, or interest shown in a
4filed return, or pay any final assessment of tax, penalty, or
5interest, as required by any tax Act administered by the
6Department of Revenue, until the time the requirements of the
7tax Act are satisfied. The Commission may take into
8consideration any pending tax disputes properly filed with the
9Department of Revenue.
10(Source: P.A. 97-576, eff. 7-1-12; 100SB1688enr.)
11 (225 ILCS 422/85)
12 (Section scheduled to be repealed on January 1, 2022)
13 Sec. 85. Consideration of past crimes.
14 (a) The Commission shall not require the license or permit
15holders and applicants applicant to report the following
16information and shall not consider the following criminal
17history records in connection with an application for a license
18or permit under this Act:
19 (1) Juvenile adjudications of delinquent minors as
20 defined in Section 5-105 of the Juvenile Court Act of 1987,
21 subject to the restrictions set forth in Section 5-130 of
22 the Juvenile Court Act of 1987.
23 (2) Law enforcement records, court records, and
24 conviction records of an individual who was 17 years old at
25 the time of the conviction for the offense and before

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1 January 1, 2014, unless the nature of the offense required
2 the individual to be tried as an adult.
3 (3) Records of arrest not followed by a conviction.
4 (4) Convictions overturned by a higher court.
5 (5) Convictions or arrests that have been sealed or
6 expunged.
7 (b) When considering the denial of a license or recovery
8permit on the grounds of conviction of a crime, including those
9set forth in paragraph (2) of subsection (a) of Section 40 and
10subparagraph (B) of paragraph (1) of subsection (a) of Section
1145, respectively, the Commission, in evaluating whether the
12conviction will impair the license or permit holder's or
13applicant's ability to engage in the position for which a
14license or permit is sought and the license or permit holder's
15or applicant's present eligibility for a license or recovery
16permit, shall consider each of the following criteria:
17 (1) The lack of direct relation of the offense for
18 which the license or permit holder or applicant was
19 previously convicted to the duties, functions, and
20 responsibilities of the position for which a license or
21 permit is sought.
22 (2) Circumstances relative to the offense, including
23 the license or permit holder's or applicant's age at the
24 time that the offense was committed.
25 (3) Evidence of any act committed subsequent to the act
26 or crime under consideration as grounds for denial, which

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1 also could be considered as grounds for disciplinary action
2 under this Act.
3 (4) Whether 5 years since a conviction or 3 years since
4 successful completion of the imposed sentence release from
5 confinement for the conviction, whichever is later, have
6 passed without a subsequent conviction.
7 (5) Successful completion of sentence or for license or
8 permit holders or applicants serving a term of parole or
9 probation, a progress report provided by the license or
10 permit holder's or applicant's probation or parole officer
11 that documents the license or permit holder's or
12 applicant's compliance with conditions of supervision.
13 (6) If the license or permit holder or applicant was
14 previously licensed or employed in this State or other
15 states or jurisdictions, then the lack of prior misconduct
16 arising from or related to the licensed position or
17 position of employment.
18 (7) Evidence of rehabilitation or rehabilitative
19 effort during or after incarceration, or during or after a
20 term of supervision, including, but not limited to, a
21 certificate of good conduct under Section 5-5.5-25 of the
22 Unified Code of Corrections or a certificate of relief from
23 disabilities under Section 5-5.5-10 of the Unified Code of
24 Corrections.
25 (8) Any other mitigating factors that contribute to the
26 license or permit holder's or applicant's person's

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1 potential and current ability to perform the duties and
2 responsibilities of practices licensed or registered under
3 this Act.
4 (c) When considering the suspension or revocation of a
5license or recovery permit on the grounds of conviction of a
6crime, the Commission, in evaluating the rehabilitation of the
7license or permit holder applicant, whether the conviction will
8impair the license or permit holder's applicant's ability to
9engage in the position for which a license or permit is sought,
10and the license or permit holder's applicant's present
11eligibility for a license or recovery permit, shall consider
12each of the following criteria:
13 (1) The nature and severity of the act or offense.
14 (2) The license holder's or recovery permit holder's
15 criminal record in its entirety.
16 (3) The amount of time that has lapsed since the
17 commission of the act or offense.
18 (4) Whether the license holder or recovery permit
19 holder has complied with any terms of parole, probation,
20 restitution, or any other sanctions lawfully imposed
21 against him or her.
22 (5) If applicable, evidence of expungement
23 proceedings.
24 (6) Evidence, if any, of rehabilitation submitted by
25 the license holder or recovery permit holder.
26 (d) If the Commission refuses to issue or renew, or

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1suspends or revokes or places on probation or takes any
2disciplinary action that the Commission may deem proper against
3a license or permit grant a license or permit to an applicant,
4then the Commission shall notify the license or permit holder
5or applicant of the decision denial in writing with the
6following included in the notice of decision denial:
7 (1) a statement about the decision to refuse to grant a
8 license or permit;
9 (2) a list of the convictions that the Commission
10 determined will impair the license or permit holder's or
11 applicant's ability to engage in the position for which a
12 license or permit is sought;
13 (3) a list of convictions that formed the sole or
14 partial basis for the decision refusal to grant a license
15 or permit; and
16 (4) a summary of the appeal process or the earliest a
17 reapplication for a license or permit is permissible the
18 applicant may reapply for a license or permit, whichever is
19 applicable.
20 (e) No later than May 1 of each year, the Commission must
21prepare, publicly announce, and publish a report of summary
22statistical information relating to new and renewal license or
23permit applications during the preceding calendar year. Each
24report shall show, at a minimum:
25 (1) the number of applicants for a new or renewal
26 license or permit under this Act within the previous

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1 calendar year;
2 (2) the number of applicants for a new or renewal
3 license or permit under this Act within the previous
4 calendar year who had a any criminal conviction identified
5 in paragraph (3) of subsection (a) of Section 80;
6 (3) the number of applicants for a new or renewal
7 license or permit under this Act in the previous calendar
8 year who were granted a license or permit;
9 (4) the number of applicants for a new or renewal
10 license or permit with a criminal conviction identified in
11 paragraph (3) of subsection (a) of Section 80 who were
12 granted a license or permit under this Act within the
13 previous calendar year;
14 (5) the number of applicants for a new or renewal
15 license or permit under this Act within the previous
16 calendar year who were denied a license or permit;
17 (6) the number of applicants for a new or renewal
18 license or permit with a criminal conviction identified in
19 paragraph (3) of subsection (a) of Section 80 who were
20 denied a license or permit under this Act in the previous
21 calendar year in whole or in part because of the a prior
22 conviction;
23 (7) the number of licenses or permits issued with a
24 condition of on probation without monitoring imposed by the
25 Commission under this Act in the previous calendar year to
26 applicants with a criminal conviction identified in

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1 paragraph (3) of subsection (a) of Section 80; and
2 (8) the number of licenses or permits issued with a
3 condition of on probation with monitoring imposed by the
4 Commission under this Act in the previous calendar year to
5 applicants with a criminal conviction identified in
6 paragraph (3) of subsection (a) of Section 80.
7(Source: P.A. 97-576, eff. 7-1-12; 100SB1688enr.)
8 Section 10. The Real Estate Appraiser Licensing Act of 2002
9is amended by changing Section 25-10 as follows:
10 (225 ILCS 458/25-10)
11 (Section scheduled to be repealed on January 1, 2022)
12 Sec. 25-10. Real Estate Appraisal Administration and
13Disciplinary Board; appointment.
14 (a) There is hereby created the Real Estate Appraisal
15Administration and Disciplinary Board. The Board shall be
16composed of 10 persons appointed by the Governor, plus the
17Coordinator of the Real Estate Appraisal Division. Members
18shall be appointed to the Board subject to the following
19conditions:
20 (1) All appointed members shall have been residents and
21 citizens of this State for at least 5 years prior to the
22 date of appointment.
23 (2) The appointed membership of the Board should
24 reasonably reflect the geographic distribution of the

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1 population of the State.
2 (3) Four appointed members shall have been actively
3 engaged and currently licensed as State certified general
4 real estate appraisers for a period of not less than 5
5 years.
6 (4) Four Two appointed members shall have been actively
7 engaged and currently licensed as State certified
8 residential real estate appraisers for a period of not less
9 than 5 years, 2 of whom . (5) Two appointed members shall
10 hold a valid licenses license as a real estate brokers or
11 managing brokers broker for at least 5 10 years prior to
12 the date of the appointment, one of whom shall hold a valid
13 State certified general real estate appraiser license
14 issued under this Act or a predecessor Act for a period of
15 at least 5 years prior to the appointment and one of whom
16 shall hold a valid State certified residential real estate
17 appraiser license issued under this Act or a predecessor
18 Act for a period of at least 5 years prior to the
19 appointment.
20 (5) (6) One appointed member shall be a representative
21 of a financial institution, as evidenced by his or her
22 employment with a financial institution.
23 (6) (7) One appointed member shall represent the
24 interests of the general public. This member or his or her
25 spouse shall not be licensed under this Act nor be employed
26 by or have any interest in an appraisal business, appraisal

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1 management company, real estate brokerage business, or a
2 financial institution.
3 In making appointments as provided in paragraphs (3) and
4(4) of this subsection, the Governor shall give due
5consideration to recommendations by members and organizations
6representing the profession.
7 In making the appointments as provided in paragraph (5) of
8this subsection, the Governor shall give due consideration to
9the recommendations by members and organizations representing
10the real estate industry.
11 In making the appointment as provided in paragraph (5) (6)
12of this subsection, the Governor shall give due consideration
13to the recommendations by members and organizations
14representing financial institutions.
15 (b) The term for members of the Board shall be 4 years, and
16each member shall serve until his or her successor is appointed
17and qualified. No member shall be reappointed to the Board for
18a term that would cause his or her cumulative service to the
19Board to exceed 10 years.
20 (c) The Governor may terminate the appointment of a member
21for cause that, in the opinion of the Governor, reasonably
22justifies the termination. Cause for termination may include,
23without limitation, misconduct, incapacity, neglect of duty,
24or missing 4 Board meetings during any one calendar year.
25 (d) A majority of the Board members shall constitute a
26quorum. A vacancy in the membership of the Board shall not

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1impair the right of a quorum to exercise all of the rights and
2perform all of the duties of the Board.
3 (e) The Board shall meet at least quarterly and may be
4convened by the Chairperson, Vice-Chairperson, or 3 members of
5the Board upon 10 days written notice.
6 (f) The Board shall, annually at the first meeting of the
7fiscal year, elect a Chairperson and Vice-Chairperson from its
8members. The Chairperson shall preside over the meetings and
9shall coordinate with the Coordinator in developing and
10distributing an agenda for each meeting. In the absence of the
11Chairperson, the Vice-Chairperson shall preside over the
12meeting.
13 (g) The Coordinator of the Real Estate Appraisal Division
14shall serve as a member of the Board without vote.
15 (h) The Board shall advise and make recommendations to the
16Department on the education and experience qualifications of
17any applicant for initial licensure as a State certified
18general real estate appraiser or a State certified residential
19real estate appraiser. The Department shall not make any
20decisions concerning education or experience qualifications of
21an applicant for initial licensure as a State certified general
22real estate appraiser or a State certified residential real
23estate appraiser without having first received the advice and
24recommendation of the Board and shall give due consideration to
25all such advice and recommendations; however, if the Board does
26not render advice or make a recommendation within a reasonable

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1amount of time, then the Department may render a decision.
2 (i) Except as provided in Section 15-17 of this Act, the
3Board shall hear and make recommendations to the Secretary on
4disciplinary matters that require a formal evidentiary
5hearing. The Secretary shall give due consideration to the
6recommendations of the Board involving discipline and
7questions involving standards of professional conduct of
8licensees.
9 (j) The Department shall seek and the Board shall provide
10recommendations to the Department consistent with the
11provisions of this Act and for the administration and
12enforcement of all rules adopted pursuant to this Act. The
13Department shall give due consideration to such
14recommendations prior to adopting rules.
15 (k) The Department shall seek and the Board shall provide
16recommendations to the Department on the approval of all
17courses submitted to the Department pursuant to this Act and
18the rules adopted pursuant to this Act. The Department shall
19not approve any courses without having first received the
20recommendation of the Board and shall give due consideration to
21such recommendations prior to approving and licensing courses;
22however, if the Board does not make a recommendation within a
23reasonable amount of time, then the Department may approve
24courses.
25 (l) Each voting member of the Board shall receive a per
26diem stipend in an amount to be determined by the Secretary.

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1Each member shall be paid his or her necessary expenses while
2engaged in the performance of his or her duties.
3 (m) Members of the Board shall be immune from suit in an
4action based upon any disciplinary proceedings or other acts
5performed in good faith as members of the Board.
6 (n) If the Department disagrees with any advice or
7recommendation provided by the Board under this Section to the
8Secretary or the Department, then notice of such disagreement
9must be provided to the Board by the Department.
10 (o) Upon resolution adopted at any Board meeting, the
11exercise of any Board function, power, or duty enumerated in
12this Section or in subsection (d) of Section 15-10 of this Act
13may be suspended. The exercise of any suspended function,
14power, or duty of the Board may be reinstated by a resolution
15adopted at a subsequent Board meeting. Any resolution adopted
16pursuant to this Section shall take effect immediately.
17(Source: P.A. 98-1109, eff. 1-1-15.)
18 Section 99. Effective date. This Act takes effect upon
19becoming law.".