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| Public Act 101-0345
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| SB1674 Enrolled | LRB101 08972 JRG 54065 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Regulatory Sunset Act is amended by changing |
Section 4.30 and by adding Section 4.40 as follows:
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(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 Acts repealed on January 1, 2020.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Acts are repealed on January 1, 2020: |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.)
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(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 Act repealed on January 1, 2030.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Act is repealed on January 1, 2030: |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.
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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:
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(225 ILCS 407/5-10)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 5-10. Definitions. As used in this Act:
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"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,
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electronic media, and other means of promotion.
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"Advisory Board" or "Board" means the Auctioneer Advisory |
Board.
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"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.
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"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 |
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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.
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"Auction contract" means a written agreement between an |
auctioneer or auction firm and a seller or sellers.
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"Auction firm" means any corporation, partnership, or |
limited liability
company that acts as an auctioneer and |
provides an auction service.
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"Auction school" means any educational institution, public |
or private,
that which offers a curriculum of auctioneer |
education and training approved
by the Department.
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"Auction service" means the service of arranging, |
managing, advertising,
or conducting auctions.
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"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 |
of an auction or sale at auction or providing an auction
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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.
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"Address of record Record" means the designated address |
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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.
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"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 |
personal property or
commodities of any form or type that may |
be lawfully kept or offered for sale.
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"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. |
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"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.
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"Managing auctioneer" means any person licensed as an |
auctioneer who manages
and supervises licensees sponsored by an |
auction firm or auctioneer.
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"Person" means an individual, association, partnership, |
corporation, or
limited liability company or the officers, |
directors, or employees of the same.
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"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.
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"Sponsoring auctioneer" means the auctioneer or auction |
firm who has issued a
sponsor card to a licensed auctioneer.
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"Sponsor card" means the temporary permit issued by the
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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.
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(Source: P.A. 100-534, eff. 9-22-17.)
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(225 ILCS 407/10-5)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 10-5. Requirements for auctioneer license; |
application. Every
person
who desires
to obtain an auctioneer |
license under this Act shall:
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(1) apply to the Department on forms provided by the |
Department accompanied by the required
fee;
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(2) be at least 18 years of age;
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(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
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(4) pass a written examination authorized by the |
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
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business. ; and
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(5) submit to the Department a properly completed |
45-Day Permit Sponsor Card on
forms
provided by the |
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Department.
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(Source: P.A. 95-572, eff. 6-1-08.)
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(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.
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(225 ILCS 407/10-40)
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(Section scheduled to be repealed on January 1, 2020) |
Sec. 10-40. Restoration.
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(a) A licensee whose license has lapsed or expired shall |
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
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established by
rule.
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(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:
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(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;
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(2) engaged in training or education under the |
supervision of the United
States
prior
to induction into |
military service; or
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(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.
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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 |
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.
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(c) At any time after the suspension, revocation, placement |
on probationary
status, or other
disciplinary action taken |
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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.
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(Source: P.A. 95-331, eff. 8-21-07; 95-572, eff. 6-1-08; |
96-730, eff. 8-25-09.)
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(225 ILCS 407/10-45)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 10-45. Nonresident auctioneer reciprocity.
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(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
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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
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America or the District of
Columbia from which the |
nonresident applicant has a valid license;
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(2) that the applicant provides the Department
with a |
certificate of good
standing
from the
applicant's state of |
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licensure;
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(3) that the applicant completes and submits an |
application as provided by
the Department;
and
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(4) that the applicant pays all applicable fees |
required under this Act.
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(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
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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
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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 |
applicant or nonresident licensee against whom the
summons, |
process, or other
pleading may be directed.
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(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
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(225 ILCS 407/15-5)
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(Section scheduled to be repealed on January 1, 2020)
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Sec. 15-5. Representations. An auctioneer or
auction firm, |
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or
the sponsored licensees, agents, or employees of an |
auctioneer or auction firm,
conducting an auction
or providing |
an auction service shall not:
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(1) misrepresent a fact material to a purchaser's |
decision to buy at or by
auction;
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(2) predict specific or immediate increases in the |
value of any item
offered
for sale
at auction; or
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(3) materially misrepresent the qualities or |
characteristics of any item
offered for sale
at auction.
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(Source: P.A. 96-730, eff. 8-25-09.)
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(225 ILCS 407/15-15)
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(Section scheduled to be repealed on January 1, 2020)
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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
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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 |
auctioneer, auction
firm, or managing auctioneer shall be |
deemed to be a violation by the
sponsoring auctioneer, auction
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firm, or managing auctioneer as well as by the sponsored |
licensee, agent, or
employee.
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(Source: P.A. 91-603, eff. 1-1-00.)
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(225 ILCS 407/20-15)
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(Section scheduled to be repealed on January 1, 2020)
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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:
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(1) False or fraudulent representation or material |
misstatement in
furnishing
information to the Department |
in obtaining or seeking to obtain a license.
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(2) Violation of any provision of this Act or the rules |
adopted under promulgated
pursuant
to this
Act.
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(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 |
practice of the profession.
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(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
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Mental Health and
Developmental Disabilities Code.
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(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
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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.
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(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.
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(7) Attempting to subvert or cheat on the auctioneer |
exam or any
continuing
education exam, or aiding or |
abetting another to do the same.
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(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 |
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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.
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(9) Making any substantial misrepresentation or |
untruthful advertising.
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(10) Making any false promises of a character likely to |
influence,
persuade,
or
induce.
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(11) Pursuing a continued and flagrant course of |
misrepresentation or the
making of
false promises through a |
licensee, agent, employee, advertising, or otherwise.
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(12) Any misleading or untruthful advertising, or |
using any trade name or
insignia
of membership in any |
auctioneer association or organization of which the
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licensee is not a member.
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(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.
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(14) Failure to account for, remit, or return any |
moneys, property, or
documents
coming into his or her |
possession that belong to others, acquired through the
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practice of
auctioneering, conducting an auction, or |
providing an auction service within 30
days of the written
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request from the owner of said moneys, property, or |
documents.
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(15) Failure to maintain and deposit into a special |
account, separate and
apart from
any personal or other |
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business accounts, all moneys belonging to others
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entrusted to a licensee while
acting as an auctioneer, |
associate auctioneer, auction firm, or as a temporary
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custodian of the funds
of others.
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(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.
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(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.
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(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.
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(19) Failing to provide information within 30 days in |
response to a
written
request
made by the Department.
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(20) Engaging in any act that constitutes a violation |
of Section 2-102,
3-103, or
3-105 of the Illinois Human |
Rights Act.
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(21) (Blank).
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(22) Engaging in dishonorable, unethical, or |
unprofessional conduct of a
character
likely to deceive, |
defraud, or harm the public.
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(23) Offering or advertising real estate for sale or |
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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
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successor Act, except as provided for in Section 5-32 of |
the Real Estate License Act of 2000.
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(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
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demonstrates incapacity or incompetence to practice under |
this Act. |
(26) Being named as a perpetrator in an indicated
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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 |
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 |
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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 |
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, |
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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 |
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 |
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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.
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(Source: P.A. 98-553, eff. 1-1-14.)
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(225 ILCS 407/20-43) |
(Section scheduled to be repealed on January 1, 2020)
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Sec. 20-43. Investigations; notice and hearing. The |
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 |
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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 |
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.
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(Source: P.A. 96-730, eff. 8-25-09.)
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(225 ILCS 407/20-56) |
(Section scheduled to be repealed on January 1, 2020)
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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.)
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(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 |
