Full Text of HB1723 97th General Assembly
HB1723ham001 97TH GENERAL ASSEMBLY | Rep. Jim Sacia Filed: 3/14/2011
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| 1 | | AMENDMENT TO HOUSE BILL 1723
| 2 | | AMENDMENT NO. ______. Amend House Bill 1723 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Auction License Act is amended by changing | 5 | | Section 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| 7 | | (Section scheduled to be repealed on January 1, 2020)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 | 9 | | may refuse to issue
or renew or a
license, may revoke, suspend, | 10 | | place on probation or administrative supervision, suspend, or
| 11 | | revoke any license or may
reprimand , or take other disciplinary | 12 | | or non-disciplinary action as the Department may deem | 13 | | appropriate, including imposing fines proper, including the | 14 | | imposition of fines not to exceed $10,000 for each violation | 15 | | with regard to any license upon anyone licensed under this Act | 16 | | for 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 | 25 | | any person holding a license under this Act is subject to | 26 | | involuntary admission or judicial admission, as provided for in |
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| 1 | | the Mental Health and Developmental Disabilities Code, | 2 | | operates as an automatic suspension of that license. That | 3 | | person may have his or her license restored only upon the | 4 | | determination by a circuit court that the patient is no longer | 5 | | subject to involuntary admission or judicial admission and the | 6 | | issuance of an order so finding and discharging the patient and | 7 | | upon the Board's recommendation to the Department that the | 8 | | license be restored. Where circumstances so indicate, the Board | 9 | | may recommend to the Department that it require an examination | 10 | | prior to restoring a suspended license. | 11 | | If the Department or Board finds an individual unable to | 12 | | practice because of the reasons set forth in this Section, the | 13 | | Department or Board may require that individual to submit to | 14 | | care, counseling, or treatment by physicians approved or | 15 | | designated by the Department or Board, as a condition, term, or | 16 | | restriction for continued, reinstated, or renewed licensure to | 17 | | practice; or, in lieu of care, counseling, or treatment, the | 18 | | Department may file, or the Board may recommend to the | 19 | | Department to file, a complaint to immediately suspend, revoke, | 20 | | or otherwise discipline the license of the individual. An | 21 | | individual whose license was granted, continued, reinstated, | 22 | | renewed, disciplined or supervised subject to such terms, | 23 | | conditions, or restrictions, and who fails to comply with such | 24 | | terms, conditions, or restrictions, shall be referred to the | 25 | | Secretary for a determination as to whether the individual | 26 | | shall have his or her license suspended immediately, pending a |
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| 1 | | hearing by the Department.
In instances in which the Secretary | 2 | | immediately suspends a person's license under this Section, a | 3 | | hearing on that person's license must be convened by the | 4 | | Department within 21 days after the suspension and completed | 5 | | without appreciable delay. The Department and Board shall have | 6 | | the authority to review the subject individual's record of | 7 | | treatment and counseling regarding the impairment to the extent | 8 | | permitted by applicable federal statutes and regulations | 9 | | safeguarding the confidentiality of medical records. | 10 | | An individual licensed under this Act and affected under | 11 | | this Section shall be afforded an opportunity to demonstrate to | 12 | | the Department or Board that he or she can resume practice in | 13 | | compliance with acceptable and prevailing standards under the | 14 | | provisions of his or her license. | 15 | | In enforcing this Section, the Department or Board, upon a | 16 | | showing of a possible violation, may compel an individual | 17 | | licensed to practice under this Act, or who has applied for | 18 | | licensure under this Act, to submit to a mental or physical | 19 | | examination, or both, as required by and at the expense of the | 20 | | Department. The Department or Board may order the examining | 21 | | physician to present testimony concerning the mental or | 22 | | physical examination of the licensee or applicant. No | 23 | | information shall be excluded by reason of any common law or | 24 | | statutory privilege relating to communications between the | 25 | | licensee or applicant and the examining physician. The | 26 | | examining physicians shall be specifically designated by the |
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| 1 | | Board or Department. The individual to be examined may have, at | 2 | | his or her own expense, another physician of his or her choice | 3 | | present during all aspects of this examination. Failure of an | 4 | | individual to submit to a mental or physical examination when | 5 | | directed shall be grounds for suspension of his or her license | 6 | | until the individual submits to the examination, if the | 7 | | Department finds that, after notice and hearing, the refusal to | 8 | | submit 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 | 12 | | the Department in the course of an examination or investigation | 13 | | of a licensee or applicant, including, but not limited to, any | 14 | | complaint against a licensee filed with the Department and | 15 | | information collected to investigate any such complaint, shall | 16 | | be maintained for the confidential use of the Department and | 17 | | shall not be disclosed. The Department may not disclose the | 18 | | information to anyone other than law enforcement officials, | 19 | | other regulatory agencies that have an appropriate regulatory | 20 | | interest as determined by the Secretary, or to a party | 21 | | presenting a lawful subpoena to the Department. Information and | 22 | | documents disclosed to a federal, State, county, or local law | 23 | | enforcement agency shall not be disclosed by the agency for any | 24 | | purpose to any other agency or person. A formal complaint filed | 25 | | against a licensee by the Department or any order issued by the |
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| 1 | | Department against a licensee or applicant shall be a public | 2 | | record, except as otherwise prohibited by law.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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