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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1406
Introduced 2/21/2007, by Rep. Jim Sacia SYNOPSIS AS INTRODUCED: |
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5 ILCS 80/4.20 |
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5 ILCS 80/4.25 |
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225 ILCS 407/10-27 |
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225 ILCS 407/10-30 |
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225 ILCS 407/25-5 |
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Amends the Auction License Act. Provides that Internet auction storefronts are subject to the same laws and rules as auctioneers. Provides that a license that expires on September 30, 2009 shall instead expire on December 31, 2010, and thereafter a license shall expire every 2 years on December 31 of each even-numbered year. Provides that a renewal applicant for an auctioneer's (or associate's) license may complete continuing education courses in one day. Provides that a renewal applicant may receive credit in this State for similar continuing education courses in other states. Amends the Regulatory Sunset Act. Changes the scheduled repeal date on the Act to January 1, 2015 (from January 1, 2010).
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A BILL FOR
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HB1406 |
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LRB095 04356 RAS 24491 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 |
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| Sections 4.20 and 4.25 as follows:
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| (5 ILCS 80/4.20)
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| Sec. 4.20. Acts repealed on January 1, 2010. The following |
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| Acts are repealed on January 1, 2010:
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| The Auction License Act.
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| The Illinois Architecture Practice Act of 1989.
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| The Illinois Landscape Architecture Act of 1989.
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| The Illinois Professional Land Surveyor Act of 1989.
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| The Land Sales Registration Act of 1999.
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| The Orthotics, Prosthetics, and Pedorthics Practice Act.
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| The Perfusionist Practice Act.
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| The Professional Engineering Practice Act of 1989.
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| The Real Estate License Act of 2000.
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| The Structural Engineering Practice Act of 1989.
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| (Source: P.A. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, |
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| eff. 7-16-99;
91-133, eff. 7-16-99; 91-245, eff. 12-31-99; |
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| 91-255, eff. 12-30-99; 91-338,
eff. 12-30-99; 91-580, eff. |
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| 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00;
92-16, eff. |
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| 6-28-01.)
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| (5 ILCS 80/4.25)
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| Sec. 4.25. Acts
Act repealed on January 1, 2015. The |
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| following Acts are
Act is repealed on January 1, 2015:
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| The Genetic Counselor Licensing Act. |
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| The Auction License Act.
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| (Source: P.A. 93-1041, eff. 9-29-04.) |
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| Section 10. The Auction License Act is amended by changing |
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| Sections 10-27, 10-30, and 25-5 as follows:
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| (225 ILCS 407/10-27)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10-27. Registration of Internet Auction Listing |
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| Service ; Internet auction storefront .
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| (a) For the purposes of this Section:
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| (1) "Internet Auction Listing Service" means a website |
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| on the Internet, or
other interactive computer service that |
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| is designed to allow or advertised as a
means of allowing |
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| users to offer personal property or services for sale or
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| lease to a prospective buyer or lessee through an on-line |
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| bid submission
process using that website or interactive |
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| computer service and that does not
examine, set the price, |
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| or prepare the description of the personal property or
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| service to be offered, or in any way utilize the services |
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| of a natural person
as an auctioneer.
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| (2) "Interactive computer service" means any |
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| information service, system,
or access software provider |
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| that provides or enables computer access by
multiple users |
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| to a computer server, including specifically a service or |
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| system
that provides access to the Internet.
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| (3) "Internet auction storefront" means any entity |
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| with a physical location that serves as an agent for its |
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| customers in using the services of an Internet auction |
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| listing service.
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| (b) It is unlawful for any person, corporation, limited |
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| liability company,
partnership, or other entity to provide an |
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| Internet auction listing service in
the State of Illinois for |
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| compensation without being registered with the Office
of Banks |
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| and Real Estate (OBRE) when:
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| (1) the person, corporation, limited liability |
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| company, partnership, or
other entity providing the |
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| Internet auction listing service is located in the
State of |
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| Illinois;
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| (2) the prospective seller or seller, prospective |
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| lessor or lessor, or
prospective purchaser or purchaser is |
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| located in the State of Illinois and is
required to agree |
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| to terms with the person, corporation, limited liability
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| company, partnership, or other entity providing the |
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| Internet auction listing
service, no matter where that |
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| person, corporation, limited liability
company, |
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| partnership, or other entity is located; or
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| (3) the personal property or services offered for sale |
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| or lease are
located or will be provided in the State of |
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| Illinois.
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| (c) Any person, corporation, limited liability company, |
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| partnership, or
other entity that provides an Internet auction |
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| listing service in the State of
Illinois for compensation under |
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| any of the circumstances listed in subsection
(b) shall |
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| register with OBRE on forms provided by OBRE accompanied by the
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| required fee as provided by rule. Such registration shall |
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| include
information as required by OBRE and established by rule |
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| as OBRE deems necessary
to enable users of the Internet auction |
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| listing service in Illinois to identify
the entity providing |
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| the service and to seek redress or further information
from |
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| such entity. The fee shall be sufficient to cover the |
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| reasonable costs of
OBRE in administering and enforcing the |
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| provisions of this Section. The
registrant shall be required to |
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| certify:
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| (1) that the registrant does not act as the agent of |
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| users who sell items
on its website, and acts only as a |
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| venue for user transactions;
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| (2) that the registrant requires sellers and bidders to |
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| register with the
website and provide their name, address, |
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| telephone number and e-mail address;
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| (3) that the registrant retains such information for a |
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| period of at least
2 years;
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| (4) that the registrant retains transactional |
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| information consisting of at
least seller identification, |
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| high bidder identification, and item sold for at
least 2 |
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| years from the close of a transaction, and has a mechanism |
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| to identify
all transactions involving a particular seller |
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| or buyer;
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| (5) that the registrant has a mechanism to receive |
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| complaints or inquiries
from users;
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| (6) that the registrant adopts and reasonably |
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| implements a policy of
suspending, in appropriate |
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| circumstances, the accounts of users who, based on
the |
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| registrant's investigation, are proven to have engaged in a |
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| pattern of
activity that appears to be deliberately |
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| designed to defraud
consumers on the registrant's website; |
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| and
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| (7) that the registrant will comply with OBRE and law |
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| enforcement requests
for stored data in its possession, |
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| subject to the requirements of applicable
law.
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| (d) OBRE may refuse to accept a registration which is |
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| incomplete or not
accompanied by the required fee. OBRE may |
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| impose a civil penalty not to exceed
$10,000 upon any Internet |
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| auction listing service that intentionally fails to
register as |
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| required by this Section, and may impose such penalty or
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| revoke, suspend, or place on probation or administrative |
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| supervision
the registration of any Internet auction listing |
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| service that:
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| (1) intentionally makes a false or fraudulent material
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| representation or material misstatement or |
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| misrepresentation to OBRE in
connection with its |
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| registration, including in the certification required |
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| under
subsection (c);
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| (2) is convicted of any crime, an essential element of |
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| which is
dishonesty, fraud, larceny, embezzlement, or |
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| obtaining money, property,
or credit by false pretenses or |
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| by means of a confidence game; or is convicted
in this or |
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| another state of a crime that is a felony under the laws of |
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| this
State; or is convicted of a felony in a federal court;
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| (3) is adjudged to be a person under legal disability |
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| or subject to
involuntary admission or to meet the standard |
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| for judicial admission as
provided in the Mental Health and |
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| Developmental Disabilities Code;
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| (4) has been subject to discipline by another state, |
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| the District of
Columbia, a territory of the United States, |
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| a foreign nation, a governmental
agency, or any other |
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| entity authorized to impose discipline if at least one of
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| the grounds for that discipline is the same as or |
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| equivalent to one of the
grounds for discipline set forth |
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| in this Section or for failing to report to
OBRE, within 30 |
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| days, any adverse final action taken against the
registrant |
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| by any other licensing or registering jurisdiction, |
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| government
agency, law enforcement agency, or court, or |
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| liability for conduct that would
constitute grounds for |
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| action as set forth in this Section;
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| (5) fails to make available to OBRE personnel during |
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| normal business hours
all records and related documents |
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| maintained in connection with the activities
subject to |
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| registration under this Section;
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| (6) makes or files false records or reports in |
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| connection with activities
subject to registration, |
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| including but not limited to false records or reports
filed |
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| with State agencies;
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| (7) fails to provide information within 30 days in |
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| response to a written
request made by the OBRE to a person |
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| designated in the registration for receipt
of such |
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| requests; or
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| (8) fails to perform any act or procedure described in |
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| subsection (c) of
this Section.
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| (e) Registrations issued pursuant to this Section shall |
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| expire on
September 30 of odd-numbered years. A registrant |
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| shall submit a renewal
application to OBRE on forms provided by |
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| OBRE along with the required fee as
established by rule.
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| (f) Operating an Internet auction listing service under any |
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| of the
circumstances listed in subsection (b) without being |
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| currently registered under
this Section is declared to be |
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| adverse to the public welfare, to constitute a
public nuisance, |
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| and to cause irreparable harm to the public welfare. The
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| Commissioner of OBRE, the Attorney General of the State of |
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| Illinois, the
State's Attorney of any county in the State, or |
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| any other person may maintain
an action and apply for |
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| injunctive relief in any circuit court to enjoin the
person or |
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| entity from engaging in such practice.
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| (g) The provisions of Sections 20-25, 20-30, 20-35, 20-40, |
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| 20-45, 20-50,
20-55, 20-60 and 20-75 of this Act shall apply to |
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| any actions of OBRE
exercising its
authority under subsection |
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| (d) as if a person required to register under this
Section were |
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| a person holding or claiming to hold a license under this Act.
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| (g-5) An Internet auction storefront is subject to the same |
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| laws and rules as an auctioneer.
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| (h) OBRE shall have the authority to adopt such rules as |
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| may be necessary to
implement or interpret the provisions of |
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| this Section.
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| (Source: P.A. 92-798, eff. 8-15-02.)
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| (225 ILCS 407/10-30)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 10-30. Expiration, renewal, and continuing education.
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| (a) A license issued under this Act shall expire every 2 |
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| years beginning on
September 30,
2001. However, a license |
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| issued under this Act that expires on September 30, 2009 shall |
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| instead expire on December 31, 2010, and thereafter a license |
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| issued under this Act shall expire every 2 years on December 31 |
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| of each even-numbered year. The OBRE shall issue a renewal |
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| license without examination to an
applicant upon submission
of |
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| a completed renewal application and payment of the required |
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| fee.
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| (b) The OBRE shall develop a program for continuing |
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| education as established
in
Article 25
of this Act. No |
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| auctioneer or associate auctioneer shall receive a renewal
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| license without completing
12 hours of approved continuing |
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| education course work during the pre-renewal
period prior to |
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| the
expiration date of the license from continuing education |
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| schools that are
approved by the OBRE, as
established in |
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| Article 25 of this Act. The applicant shall verify on the
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| application that he or she:
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| (1) has complied with the continuing education |
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| requirements; or
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| (2) is exempt from the continuing education |
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| requirements because it is his
or
her
first renewal and he |
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| or she was initially licensed as an auctioneer or
associate |
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| auctioneer during the
pre-renewal period prior to the |
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| expiration date.
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| (c) A renewal applicant may request a waiver of the |
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| continuing education
requirements under
subsection (d) of this |
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| Section, but shall not practice as an auctioneer or
associate |
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| auctioneer until
such waiver is granted and a renewal license |
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| is issued.
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| (d) The Commissioner, with the recommendation of the |
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| Advisory Board, may
grant
a
renewal applicant a waiver from all |
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| or part of the continuing education
requirements for the |
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| pre-renewal
period if the applicant was not able to fulfill the |
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| requirements as a
result of the following
conditions:
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| (1) Service in the armed forces of the United States |
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| during a substantial
part
of the
pre-renewal period.
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| (2) Service as an elected State or federal official.
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| (3) Service as a full-time employee of the OBRE.
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| (4) Other extreme circumstances as recommended by the |
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| Advisory Board.
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| (Source: P.A. 91-603, eff. 1-1-00.)
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| (225 ILCS 407/25-5)
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| (Section scheduled to be repealed on January 1, 2010)
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| Sec. 25-5. Continuing education.
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| (a) For each pre-renewal period, each auctioneer and |
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| associate auctioneer
who
makes
application to renew his or her |
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| license must successfully complete auction
continuing |
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| education
courses approved by the Advisory Board and OBRE from |
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| a school approved by the
Advisory Board
and OBRE.
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| (b) Each renewal applicant shall successfully complete 12 |
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| hours of
continuing
education, of
which at least 6 hours shall |
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| be mandatory core subjects in the following
categories:
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| (1) Illinois statutes and rules governing |
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| auctioneering;
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| (2) federal statutes and regulations governing |
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| auctioneering;
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| (3) auctioneering ethics;
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| (4) escrow and trust accounts;
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| (5) contracts; and
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HB1406 |
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LRB095 04356 RAS 24491 b |
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| (6) other subject matter approved by the Board and |
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| established by rule.
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| (c) Each renewal applicant may satisfy the remaining 6 |
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| hours of continuing
education from
the mandatory core subjects |
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| from the categories as provided in subsection (b)
or |
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| successfully
complete an additional 6 hours of continuing |
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| education in the following
elective subject categories:
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| (1) agency;
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| (2) business courses related to auctioneering;
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| (3) real estate related courses;
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| (4) auction management;
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| (5) bid calling;
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| (6) public speaking;
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| (7) advertising;
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| (8) specialty auction courses; or
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| (9) other subject matter approved by the Board and |
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| established by rule.
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| (d) Every licensee shall personally take and pass an |
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| examination after each
continuing
education course, as |
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| provided by rule. For the purposes of this Section, 70%
shall |
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| be deemed a
passing score. |
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| (e) A renewal applicant may complete the continuing |
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| education courses in one day. |
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| (f) A renewal applicant may receive credit for continuing |
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| education courses in this State by completing similar |
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| continuing education courses in another state.
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