Bill Amendment: IL SB1674 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: AUCTION LICENSE ACT-SUNSET

Status: 2019-08-09 - Public Act . . . . . . . . . 101-0345 [SB1674 Detail]

Download: Illinois-2019-SB1674-Senate_Amendment_001.html

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Sen. Chuck Weaver

Filed: 4/4/2019

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AMENDMENT TO SENATE BILL 1674
AMENDMENT NO. ______. Amend Senate Bill 1674 by replacing
everything after the enacting clause with the following:
"Section 5. The Regulatory Sunset Act is amended by
changing Section 4.30 and by adding Section 4.40 as follows:
(5 ILCS 80/4.30)
Sec. 4.30. Acts repealed on January 1, 2020. The following
Acts are repealed on January 1, 2020:
The Auction License Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Illinois Architecture Practice Act of 1989.
The Illinois Landscape Architecture Act of 1989.
The Illinois Professional Land Surveyor Act of 1989.
The Orthotics, Prosthetics, and Pedorthics Practice Act.
The Perfusionist Practice Act.

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The Pharmacy Practice Act.
The Professional Engineering Practice Act of 1989.
The Real Estate License Act of 2000.
The Structural Engineering Practice Act of 1989.
(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
100-863, eff. 8-14-18.)
(5 ILCS 80/4.40 new)
Sec. 4.40. Act repealed on January 1, 2030. The following
Act is repealed on January 1, 2030:
The Auction License Act.
Section 10. The Auction License Act is amended by changing
Sections 5-10, 10-5, 10-40, 10-45, 15-5, 15-15, 20-15, 20-43,
and 20-56 and by adding Section 10-22 as follows:
(225 ILCS 407/5-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-10. Definitions. As used in this Act:
"Advertisement" means any written, oral, or electronic
communication that contains a promotion, inducement, or offer
to conduct an auction or offer to provide an auction service,
including but not limited to brochures, pamphlets, radio and
television scripts, telephone and direct mail solicitations,
electronic media, and other means of promotion.
"Advisory Board" or "Board" means the Auctioneer Advisory

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Board.
"Associate auctioneer" means a person who conducts an
auction, but who is under the direct supervision of, and is
sponsored by, a licensed auctioneer or auction firm.
"Auction" means the sale or lease of property, real or
personal, by means of exchanges between an auctioneer and
prospective purchasers or lessees, which consists of a series
of invitations for offers made by the auctioneer and offers by
prospective purchasers or lessees for the purpose of obtaining
an acceptable offer for the sale or lease of the property,
including the sale or lease of property via mail,
telecommunications, or the Internet.
"Auction contract" means a written agreement between an
auctioneer or auction firm and a seller or sellers.
"Auction firm" means any corporation, partnership, or
limited liability company that acts as an auctioneer and
provides an auction service.
"Auction school" means any educational institution, public
or private, that which offers a curriculum of auctioneer
education and training approved by the Department.
"Auction service" means the service of arranging,
managing, advertising, or conducting auctions.
"Auctioneer" means a person or entity who, for another, for
a fee, compensation, commission, or any other valuable
consideration at auction or with the intention or expectation
of receiving valuable consideration by the means of or process

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of an auction or sale at auction or providing an auction
service, offers, negotiates, or attempts to negotiate an
auction contract, sale, purchase, or exchange of goods,
chattels, merchandise, personal property, real property, or
any commodity that may be lawfully kept or offered for sale by
or at auction.
"Address of record Record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the Department.
It is the duty of the applicant or licensee to inform the
Department of any change of address, and such changes must be
made either through the Department's website or by directly
contacting the Department.
"Buyer premium" means any fee or compensation paid by the
successful purchaser of property sold or leased at or by
auction, to the auctioneer, auction firms, seller, lessor, or
other party to the transaction, other than the purchase price.
"Department" means the Department of Financial and
Professional Regulation.
"Division" means the Division of Real Estate within the
Department.
"Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file maintained by
the Department's licensure maintenance unit.
"Goods" means chattels, movable goods, merchandise, or

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personal property or commodities of any form or type that may
be lawfully kept or offered for sale.
"Interactive computer service" means any information
service, system, or access software provider that provides or
enables computer access by multiple users to a computer server,
including specifically a service or system that provides access
to the Internet.
"Internet auction listing service" means a website on the
Internet, or other interactive computer service, that is
designed to allow or advertise as a means of allowing users to
offer personal property or services for sale or lease to a
prospective buyer or lessee through an online on-line bid
submission process using that website or interactive computer
service and that does not examine, set the price, prepare the
description of the personal property or service to be offered,
or in any way utilize the services of a natural person as an
auctioneer.
"Licensee" means any person licensed under this Act.
"Managing auctioneer" means any person licensed as an
auctioneer who manages and supervises licensees sponsored by an
auction firm or auctioneer.
"Person" means an individual, association, partnership,
corporation, or limited liability company or the officers,
directors, or employees of the same.
"Pre-renewal period" means the 24 months prior to the
expiration date of a license issued under this Act.

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"Real estate" means real estate as defined in Section 1-10
of the Real Estate License Act of 2000 or its successor Acts.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation or his or her designee.
"Sponsoring auctioneer" means the auctioneer or auction
firm who has issued a sponsor card to a licensed auctioneer.
"Sponsor card" means the temporary permit issued by the
sponsoring auctioneer certifying that the licensee named
thereon is employed by or associated with the sponsoring
auctioneer and the sponsoring auctioneer shall be responsible
for the actions of the sponsored licensee.
(Source: P.A. 100-534, eff. 9-22-17.)
(225 ILCS 407/10-5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-5. Requirements for auctioneer license;
application. Every person who desires to obtain an auctioneer
license under this Act shall:
(1) apply to the Department on forms provided by the
Department accompanied by the required fee;
(2) be at least 18 years of age;
(3) have attained a high school diploma or successfully
completed an equivalent course of study determined by an
examination conducted by the Illinois State Board of
Education; and
(4) pass a written examination authorized by the

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Department to prove competence, including but not limited
to general knowledge of Illinois and federal laws
pertaining to personal property contracts, auctions, real
property, ethics, and other topics relating to the auction
business. ; and
(5) submit to the Department a properly completed
45-Day Permit Sponsor Card on forms provided by the
Department.
(Source: P.A. 95-572, eff. 6-1-08.)
(225 ILCS 407/10-22 new)
Sec. 10-22. Address of record; email address of record. All
applicants and licensees shall:
(1) provide a valid address and email address to the
Department, which shall serve as the address of record and
email address of record, respectively, at the time of
application for licensure or renewal of a license; and
(2) inform the Department of any change of address of
record or email address of record within 14 days after such
change either through the Department's website or by
contacting the Department's licensure maintenance unit.
(225 ILCS 407/10-40)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-40. Restoration.
(a) A licensee whose license has lapsed or expired shall

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have 2 years from the expiration date to restore his or her
license without examination. The expired licensee shall make
application to the Department on forms provided by the
Department, including a properly completed 45-day permit
sponsor card, provide evidence of successful completion of 12
hours of approved continuing education during the period of
time the license had lapsed, and pay all fees and penalties as
established by rule.
(b) Notwithstanding any other provisions of this Act to the
contrary, any licensee whose license under this Act has expired
is eligible to restore such license without paying any lapsed
fees and penalties if provided that the license expired while
the licensee was:
(1) on active duty with the United States Army, United
States Marine Corps, United States Navy, United States Air
Force, United States Coast Guard, the State Militia called
into service or training;
(2) engaged in training or education under the
supervision of the United States prior to induction into
military service; or
(3) serving as an employee of the Department, while the
employee was required to surrender his or her license due
to a possible conflict of interest.
A licensee shall be eligible to restore a license under the
provisions of this subsection for a period of 2 years following
the termination of the service or , education if , or training by

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providing a properly completed application and 45-day permit
sponsor card, provided that the termination was by other than
dishonorable discharge and provided that the licensee
furnishes the Department with an affidavit specifying that the
licensee has been so engaged.
(c) At any time after the suspension, revocation, placement
on probationary status, or other disciplinary action taken
under this Act with reference to any license, the Department
may restore the license to the licensee without examination
upon the order of the Secretary, if the licensee submits a
properly completed application and 45-day permit sponsor card,
pays the appropriate fees, and otherwise complies with the
conditions of the order.
(Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08;
96-730, eff. 8-25-09.)
(225 ILCS 407/10-45)
(Section scheduled to be repealed on January 1, 2020)
Sec. 10-45. Nonresident auctioneer reciprocity.
(a) A person holding a license to engage in auctions issued
to him or her by the proper authority of a state, territory, or
possession of the United States of America or the District of
Columbia that has licensing requirements equal to or
substantially equivalent to the requirements of this State and
that otherwise meets the requirements of this Act may obtain a
license under this Act without examination if , provided:

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(1) that the Department has entered into a valid
reciprocal agreement with the proper authority of the
state, territory, or possession of the United States of
America or the District of Columbia from which the
nonresident applicant has a valid license;
(2) that the applicant provides the Department with a
certificate of good standing from the applicant's state of
licensure;
(3) that the applicant completes and submits an
application as provided by the Department; and
(4) that the applicant pays all applicable fees
required under this Act.
(b) A nonresident applicant shall file an irrevocable
consent with the Department that actions may be commenced
against the applicant or nonresident licensee in a court of
competent jurisdiction in this State by the service of summons,
process, or other pleading authorized by the law upon the
Secretary. The consent shall stipulate and agree that service
of the process, summons, or pleading upon the Secretary shall
be taken and held in all courts to be valid and binding as if
actual service had been made upon the applicant in Illinois. If
a summons, process, or other pleading is served upon the
Secretary, it shall be by duplicate copies, one of which shall
be retained by the Department and the other immediately
forwarded by certified or registered mail or email to the last
known business address or email address of record of the

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applicant or nonresident licensee against whom the summons,
process, or other pleading may be directed.
(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
(225 ILCS 407/15-5)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15-5. Representations. An auctioneer or auction firm,
or the sponsored licensees, agents, or employees of an
auctioneer or auction firm, conducting an auction or providing
an auction service shall not:
(1) misrepresent a fact material to a purchaser's
decision to buy at or by auction;
(2) predict specific or immediate increases in the
value of any item offered for sale at auction; or
(3) materially misrepresent the qualities or
characteristics of any item offered for sale at auction.
(Source: P.A. 96-730, eff. 8-25-09.)
(225 ILCS 407/15-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 15-15. Supervisory duties. The sponsoring auctioneer,
auction firm, and managing auctioneer shall have the duty and
responsibility to supervise, manage, and control any sponsored
licensee, agent, or employee while conducting an auction or
providing an auction service. Any violation of this Act by a
sponsored licensee, agent, or employee of an a sponsoring

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auctioneer, auction firm, or managing auctioneer shall be
deemed to be a violation by the sponsoring auctioneer, auction
firm, or managing auctioneer as well as by the sponsored
licensee, agent, or employee.
(Source: P.A. 91-603, eff. 1-1-00.)
(225 ILCS 407/20-15)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-15. Disciplinary actions; grounds. The Department
may refuse to issue or renew a license, may place on probation
or administrative supervision, suspend, or revoke any license
or may reprimand or take other disciplinary or non-disciplinary
action as the Department may deem proper, including the
imposition of fines not to exceed $10,000 for each violation
upon anyone licensed under this Act for any of the following
reasons:
(1) False or fraudulent representation or material
misstatement in furnishing information to the Department
in obtaining or seeking to obtain a license.
(2) Violation of any provision of this Act or the rules
adopted under promulgated pursuant to this Act.
(3) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof, or
that is a misdemeanor, an essential element of which is
dishonesty, or any crime that is directly related to the

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practice of the profession.
(3.5) Failing to notify the Department of any criminal
conviction that occurs during the licensee's term of
licensure within 30 days after the conviction.
(4) Being adjudged to be a person under legal
disability or subject to involuntary admission or to meet
the standard for judicial admission as provided in the
Mental Health and Developmental Disabilities Code.
(5) Discipline of a licensee by another state, the
District of Columbia, a territory of the United States, a
foreign nation, a governmental agency, or any other entity
authorized to impose discipline if at least one of the
grounds for that discipline is the same as or the
equivalent to one of the grounds for discipline set forth
in this Act or for failing to report to the Department,
within 30 days, any adverse final action taken against the
licensee by any other licensing jurisdiction, government
agency, law enforcement agency, or court, or liability for
conduct that would constitute grounds for action as set
forth in this Act.
(6) Engaging in the practice of auctioneering,
conducting an auction, or providing an auction service
without a license or after the license was expired,
revoked, suspended, or terminated or while the license was
inoperative.
(7) Attempting to subvert or cheat on the auctioneer

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exam or any continuing education exam, or aiding or
abetting another to do the same.
(8) Directly or indirectly giving to or receiving from
a person, firm, corporation, partnership, or association a
fee, commission, rebate, or other form of compensation for
professional service not actually or personally rendered,
except that an auctioneer licensed under this Act may
receive a fee from another licensed auctioneer from this
State or jurisdiction for the referring of a client or
prospect for auction services to the licensed auctioneer.
(9) Making any substantial misrepresentation or
untruthful advertising.
(10) Making any false promises of a character likely to
influence, persuade, or induce.
(11) Pursuing a continued and flagrant course of
misrepresentation or the making of false promises through a
licensee, agent, employee, advertising, or otherwise.
(12) Any misleading or untruthful advertising, or
using any trade name or insignia of membership in any
auctioneer association or organization of which the
licensee is not a member.
(13) Commingling funds of others with his or her own
funds or failing to keep the funds of others in an escrow
or trustee account.
(14) Failure to account for, remit, or return any
moneys, property, or documents coming into his or her

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possession that belong to others, acquired through the
practice of auctioneering, conducting an auction, or
providing an auction service within 30 days of the written
request from the owner of said moneys, property, or
documents.
(15) Failure to maintain and deposit into a special
account, separate and apart from any personal or other
business accounts, all moneys belonging to others
entrusted to a licensee while acting as an auctioneer,
associate auctioneer, auction firm, or as a temporary
custodian of the funds of others.
(16) Failure to make available to Department personnel
during normal business hours all escrow and trustee records
and related documents maintained in connection with the
practice of auctioneering, conducting an auction, or
providing an auction service within 24 hours after a
request from Department personnel.
(17) Making or filing false records or reports in his
or her practice, including but not limited to false records
or reports filed with State agencies.
(18) Failing to voluntarily furnish copies of all
written instruments prepared by the auctioneer and signed
by all parties to all parties at the time of execution.
(19) Failing to provide information within 30 days in
response to a written request made by the Department.
(20) Engaging in any act that constitutes a violation

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of Section 2-102, 3-103, or 3-105 of the Illinois Human
Rights Act.
(21) (Blank).
(22) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(23) Offering or advertising real estate for sale or
lease at auction without a valid broker or managing
broker's license under the Real Estate License Act of 1983,
or any successor Act, unless exempt from licensure under
the terms of the Real Estate License Act of 2000, or any
successor Act, except as provided for in Section 5-32 of
the Real Estate License Act of 2000.
(24) Inability to practice the profession with
reasonable judgment, skill, or safety as a result of a
physical illness, including, but not limited to,
deterioration through the aging process or loss of motor
skill, or a mental illness or disability.
(25) A pattern of practice or other behavior that
demonstrates incapacity or incompetence to practice under
this Act.
(26) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act and upon
proof by clear and convincing evidence that the licensee
has caused a child to be an abused child or a neglected

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child as defined in the Abused and Neglected Child
Reporting Act.
(27) Inability to practice with reasonable judgment,
skill, or safety as a result of habitual or excessive use
or addiction to alcohol, narcotics, stimulants, or any
other chemical agent or drug.
(28) Willfully Wilfully failing to report an instance
of suspected child abuse or neglect as required by the
Abused and Neglected Child Reporting Act.
The entry of an order by a circuit court establishing that
any person holding a license under this Act is subject to
involuntary admission or judicial admission, as provided for in
the Mental Health and Developmental Disabilities Code,
operates as an automatic suspension of that license. That
person may have his or her license restored only upon the
determination by a circuit court that the patient is no longer
subject to involuntary admission or judicial admission and the
issuance of an order so finding and discharging the patient and
upon the Board's recommendation to the Department that the
license be restored. Where circumstances so indicate, the Board
may recommend to the Department that it require an examination
prior to restoring a suspended license.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or

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designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual whose license was granted, continued, reinstated,
renewed, disciplined or supervised subject to such terms,
conditions, or restrictions, and who fails to comply with such
terms, conditions, or restrictions, shall be referred to the
Secretary for a determination as to whether the individual
shall have his or her license suspended immediately, pending a
hearing by the Department. If In instances in which the
Secretary immediately suspends a person's license under this
Section, a hearing on that person's license must be convened by
the Department within 21 days after the suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject individual's
record of treatment and counseling regarding the impairment to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the

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provisions of his or her license.
In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel an individual
licensed to practice under this Act, or who has applied for
licensure under this Act, to submit to a mental or physical
examination, or both, as required by and at the expense of the
Department. The Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. The individual to be examined may have, at
his or her own expense, another physician of his or her choice
present during all aspects of this examination. Failure of an
individual to submit to a mental or physical examination when
directed shall be grounds for suspension of his or her license
until the individual submits to the examination, if the
Department finds that, after notice and hearing, the refusal to
submit to the examination was without reasonable cause.
(Source: P.A. 98-553, eff. 1-1-14.)
(225 ILCS 407/20-43)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-43. Investigations; notice and hearing. The

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Department may investigate the actions or qualifications of any
applicant, unlicensed person, or person rendering or offering
to render auction services, or holding or claiming to hold a
license as a licensed auctioneer. At least 30 days before any
disciplinary hearing under this Act, the Department shall: (i)
notify the accused in writing of the charges made and the time
and place of the hearing; (ii) direct the accused to file with
the Board a written answer under oath to the charges within 20
days of receiving service of the notice; and (iii) inform the
accused that if he or she fails to file an answer to the
charges within 20 days of receiving service of the notice, a
default judgment judgement may be entered against him or her,
or his or her license may be suspended, revoked, placed on
probationary status, or other disciplinary action taken with
regard to the license as the Department may consider proper,
including, but not limited to, limiting the scope, nature, or
extent of the licensee's practice, or imposing a fine.
At the time and place of the hearing fixed in the notice,
the Board shall proceed to hear the charges and the accused or
his or her counsel shall be accorded ample opportunity to
present any pertinent statements, testimony, evidence, and
arguments in his or her defense. The Board may continue the
hearing when it deems it appropriate.
Notice Written notice of the hearing may be served by
personal delivery, or by certified mail, or, at the discretion
of the Department, by an electronic means to the licensee's

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last known address or email address of record. to the last
known address of record, unless specified as otherwise by the
accused in his or her last communication with the Department.
(Source: P.A. 96-730, eff. 8-25-09.)
(225 ILCS 407/20-56)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-56. Board; rehearing. At the conclusion of the
hearing, a copy of the Board's report shall be served upon the
applicant, or licensee, or unlicensed person by the Department,
either personally or as provided in this Act for the service of
a notice of hearing. Within 20 days after service, the
applicant or licensee may present to the Department a motion in
writing for a rehearing, which shall specify the particular
grounds for rehearing. The Department may respond to the motion
for rehearing within 20 days after its service on the
Department. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing such a motion, or
if a motion for rehearing is denied, then upon denial, the
Secretary may enter an order in accordance with recommendations
of the Board except as provided in Section 120 of this Act. If
the applicant or licensee orders from the reporting service and
pays for a transcript of the record within the time for filing
a motion for rehearing, the 20-day period within which a motion
may be filed shall commence upon the delivery of the transcript
to the applicant or licensee.

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(Source: P.A. 96-730, eff. 8-25-09.)
(225 ILCS 407/10-15a rep.)
(225 ILCS 407/10-35 rep.)
(225 ILCS 407/20-25 rep.)
(225 ILCS 407/20-70 rep.)
Section 15. The Auction License Act is amended by repealing
Sections 10-15a, 10-35, 20-25, and 20-70.
Section 99. Effective date. This Act takes effect upon
becoming law.".