Illinois General Assembly - Full Text of HB1723
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Full Text of HB1723  97th General Assembly


Rep. Jim Sacia

Filed: 3/14/2011





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2    AMENDMENT NO. ______. Amend House Bill 1723 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Auction License Act is amended by changing
5Section 20-15 and by adding Section 20-105 as follows:
6    (225 ILCS 407/20-15)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 20-15. Disciplinary actions; grounds. The Department
9may refuse to issue or renew or a license, may revoke, suspend,
10place on probation or administrative supervision, suspend, or
11revoke any license or may reprimand, or take other disciplinary
12or non-disciplinary action as the Department may deem
13appropriate, including imposing fines proper, including the
14imposition of fines not to exceed $10,000 for each violation
15with regard to any license upon anyone licensed under this Act
16for any one or combination of the following reasons:



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1        (1) False or fraudulent representation or material
2    misstatement in furnishing information to the Department
3    in obtaining or seeking to obtain a license.
4        (2) Violation of any provision of this Act or the rules
5    promulgated pursuant to this Act.
6        (3) Conviction by plea of guilty or nolo contendere,
7    finding of guilt, jury verdict, or entry of judgment or by
8    sentencing of any crime, including, but not limited to,
9    convictions, preceding sentences of supervision,
10    conditional discharge, or first offender probation, under
11    the laws of any jurisdiction of the United States: (i) that
12    is a felony; or (ii) that is a misdemeanor, an essential
13    element of which is dishonesty, or that is directly related
14    to the practice of the profession. Conviction of or entry
15    of a plea of guilty or nolo contendere to any crime that is
16    a felony under the laws of the United States or any state
17    or territory thereof, or that is a misdemeanor, an
18    essential element of which is dishonesty, or any crime that
19    is directly related to the practice of the profession.
20        (4) Being adjudged to be a person under legal
21    disability or subject to involuntary admission or to meet
22    the standard for judicial admission as provided in the
23    Mental Health and Developmental Disabilities Code.
24        (5) Discipline of a licensee by another state, the
25    District of Columbia, a territory of the United States, a
26    foreign nation, a governmental agency, or any other entity



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1    authorized to impose discipline if at least one of the
2    grounds for that discipline is the same as or the
3    equivalent to one of the grounds for discipline set forth
4    in this Act or for failing to report to the Department,
5    within 30 days, any adverse final action taken against the
6    licensee by any other licensing jurisdiction, government
7    agency, law enforcement agency, or court, or liability for
8    conduct that would constitute grounds for action as set
9    forth in this Act.
10        (6) Engaging in the practice of auctioneering,
11    conducting an auction, or providing an auction service
12    without a license or after the license was expired,
13    revoked, suspended, or terminated or while the license was
14    inoperative.
15        (7) Attempting to subvert or cheat on the auctioneer
16    exam or any continuing education exam, or aiding or
17    abetting another to do the same.
18        (8) Directly or indirectly giving to or receiving from
19    a person, firm, corporation, partnership, or association a
20    fee, commission, rebate, or other form of compensation for
21    professional service not actually or personally rendered,
22    except that an auctioneer licensed under this Act may
23    receive a fee from another licensed auctioneer from this
24    State or jurisdiction for the referring of a client or
25    prospect for auction services to the licensed auctioneer.
26        (9) Making any substantial misrepresentation or



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1    untruthful advertising.
2        (10) Making any false promises of a character likely to
3    influence, persuade, or induce.
4        (11) Pursuing a continued and flagrant course of
5    misrepresentation or the making of false promises through a
6    licensee, agent, employee, advertising, or otherwise.
7        (12) Any misleading or untruthful advertising, or
8    using any trade name or insignia of membership in any
9    auctioneer association or organization of which the
10    licensee is not a member.
11        (13) Commingling funds of others with his or her own
12    funds or failing to keep the funds of others in an escrow
13    or trustee account.
14        (14) Failure to account for, remit, or return any
15    moneys, property, or documents coming into his or her
16    possession that belong to others, acquired through the
17    practice of auctioneering, conducting an auction, or
18    providing an auction service within 30 days of the written
19    request from the owner of said moneys, property, or
20    documents.
21        (15) Failure to maintain and deposit into a special
22    account, separate and apart from any personal or other
23    business accounts, all moneys belonging to others
24    entrusted to a licensee while acting as an auctioneer,
25    associate auctioneer, auction firm, or as a temporary
26    custodian of the funds of others.



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1        (16) Failure to make available to Department personnel
2    during normal business hours all escrow and trustee records
3    and related documents maintained in connection with the
4    practice of auctioneering, conducting an auction, or
5    providing an auction service within 24 hours after a
6    request from Department personnel.
7        (17) Making or filing false records or reports in his
8    or her practice, including but not limited to false records
9    or reports filed with State agencies.
10        (18) Failing to voluntarily furnish copies of all
11    written instruments prepared by the auctioneer and signed
12    by all parties to all parties at the time of execution.
13        (19) Failing to provide information within 30 days in
14    response to a written request made by the Department.
15        (20) Engaging in any act that constitutes a violation
16    of Section 2-102, 3-103, or 3-105 of the Illinois Human
17    Rights Act.
18        (21) (Blank).
19        (22) Engaging in dishonorable, unethical, or
20    unprofessional conduct of a character likely to deceive,
21    defraud, or harm the public.
22        (23) Offering or advertising real estate for sale or
23    lease at auction without a valid broker or salesperson's
24    license under the Real Estate License Act of 1983, or any
25    successor Act, unless exempt from licensure under the terms
26    of the Real Estate License Act of 2000, or any successor



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1    Act.
2        (24) Inability to practice the profession with
3    reasonable judgement, skill, or safety as a result of a
4    physical illness, including, but not limited to,
5    deterioration through the aging process or loss of motor
6    skill, or a mental illness or disability.
7        (25) A pattern of practice or other behavior that
8    demonstrates incapacity or incompetence to practice under
9    this Act.
10        (26) Being named as a perpetrator in an indicated
11    report by the Department of Children and Family Services
12    under the Abused and Neglected Child Reporting Act and upon
13    proof by clear and convincing evidence that the licensee
14    has caused a child to be an abused child or a neglected
15    child as defined in the Abused and Neglected Child
16    Reporting Act.
17        (27) Inability to practice with reasonable judgement,
18    skill, or safety as a result of habitual or excessive use
19    or addiction to alcohol, narcotics, stimulants, or any
20    other chemical agent or drug.
21        (28) Wilfully failing to report an instance of
22    suspected child abuse or neglect as required by the Abused
23    and Neglected Child Reporting Act.
24    The entry of an order by a circuit court establishing that
25any person holding a license under this Act is subject to
26involuntary admission or judicial admission, as provided for in



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1the Mental Health and Developmental Disabilities Code,
2operates as an automatic suspension of that license. That
3person may have his or her license restored only upon the
4determination by a circuit court that the patient is no longer
5subject to involuntary admission or judicial admission and the
6issuance of an order so finding and discharging the patient and
7upon the Board's recommendation to the Department that the
8license be restored. Where circumstances so indicate, the Board
9may recommend to the Department that it require an examination
10prior to restoring a suspended license.
11    If the Department or Board finds an individual unable to
12practice because of the reasons set forth in this Section, the
13Department or Board may require that individual to submit to
14care, counseling, or treatment by physicians approved or
15designated by the Department or Board, as a condition, term, or
16restriction for continued, reinstated, or renewed licensure to
17practice; or, in lieu of care, counseling, or treatment, the
18Department may file, or the Board may recommend to the
19Department to file, a complaint to immediately suspend, revoke,
20or otherwise discipline the license of the individual. An
21individual whose license was granted, continued, reinstated,
22renewed, disciplined or supervised subject to such terms,
23conditions, or restrictions, and who fails to comply with such
24terms, conditions, or restrictions, shall be referred to the
25Secretary for a determination as to whether the individual
26shall have his or her license suspended immediately, pending a



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1hearing by the Department. In instances in which the Secretary
2immediately suspends a person's license under this Section, a
3hearing on that person's license must be convened by the
4Department within 21 days after the suspension and completed
5without appreciable delay. The Department and Board shall have
6the authority to review the subject individual's record of
7treatment and counseling regarding the impairment to the extent
8permitted by applicable federal statutes and regulations
9safeguarding the confidentiality of medical records.
10    An individual licensed under this Act and affected under
11this Section shall be afforded an opportunity to demonstrate to
12the Department or Board that he or she can resume practice in
13compliance with acceptable and prevailing standards under the
14provisions of his or her license.
15    In enforcing this Section, the Department or Board, upon a
16showing of a possible violation, may compel an individual
17licensed to practice under this Act, or who has applied for
18licensure under this Act, to submit to a mental or physical
19examination, or both, as required by and at the expense of the
20Department. The Department or Board may order the examining
21physician to present testimony concerning the mental or
22physical examination of the licensee or applicant. No
23information shall be excluded by reason of any common law or
24statutory privilege relating to communications between the
25licensee or applicant and the examining physician. The
26examining physicians shall be specifically designated by the



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1Board or Department. The individual to be examined may have, at
2his or her own expense, another physician of his or her choice
3present during all aspects of this examination. Failure of an
4individual to submit to a mental or physical examination when
5directed shall be grounds for suspension of his or her license
6until the individual submits to the examination, if the
7Department finds that, after notice and hearing, the refusal to
8submit to the examination was without reasonable cause.
9(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
10    (225 ILCS 407/20-105 new)
11    Sec. 20-105. Confidentiality. All information collected by
12the Department in the course of an examination or investigation
13of a licensee or applicant, including, but not limited to, any
14complaint against a licensee filed with the Department and
15information collected to investigate any such complaint, shall
16be maintained for the confidential use of the Department and
17shall not be disclosed. The Department may not disclose the
18information to anyone other than law enforcement officials,
19other regulatory agencies that have an appropriate regulatory
20interest as determined by the Secretary, or to a party
21presenting a lawful subpoena to the Department. Information and
22documents disclosed to a federal, State, county, or local law
23enforcement agency shall not be disclosed by the agency for any
24purpose to any other agency or person. A formal complaint filed
25against a licensee by the Department or any order issued by the



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1Department against a licensee or applicant shall be a public
2record, except as otherwise prohibited by law.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".