HB1406eng 95TH GENERAL ASSEMBLY

HB1406 Engrossed LRB095 04356 RAS 24491 b

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Regulatory Sunset Act is amended by changing Sections 4.20 and 4.25 as follows:

(5 ILCS 80/4.20)

Sec. 4.20. Acts repealed on January 1, 2010. The following Acts are repealed on January 1, 2010:

The Auction License Act.

The Illinois Architecture Practice Act of 1989.

The Illinois Landscape Architecture Act of 1989.

The Illinois Professional Land Surveyor Act of 1989.

The Land Sales Registration Act of 1999.

The Orthotics, Prosthetics, and Pedorthics Practice Act.

The Perfusionist 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. 91-91, eff. 7-9-99; 91-92, eff. 7-9-99; 91-132, eff. 7-16-99; 91-133, eff. 7-16-99; 91-245, eff. 12-31-99; 91-255, eff. 12-30-99; 91-338, eff. 12-30-99; 91-580, eff. 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00; 92-16, eff. 6-28-01.)

(5 ILCS 80/4.25)

Sec. 4.25. Acts Act repealed on January 1, 2015. The following Acts are Act is repealed on January 1, 2015:

The Genetic Counselor Licensing Act.

The Auction License Act.

(Source: P.A. 93-1041, eff. 9-29-04.)

Section 10. The Auction License Act is amended by changing Sections 10-30 and 25-5 as follows:

(225 ILCS 407/10-30)

(Section scheduled to be repealed on January 1, 2010)

Sec. 10-30. Expiration, renewal, and continuing education.

(a) A license issued under this Act shall expire every 2 years beginning on September 30, 2001. However, a license issued under this Act that expires on September 30, 2009 shall instead expire on December 31, 2010, and thereafter a license issued under this Act shall expire every 2 years on December 31 of each even-numbered year. The OBRE shall issue a renewal license without examination to an applicant upon submission of a completed renewal application and payment of the required fee.

(b) The OBRE shall develop a program for continuing education as established in Article 25 of this Act. No auctioneer or associate auctioneer shall receive a renewal license without completing 12 hours of approved continuing education course work during the pre-renewal period prior to the expiration date of the license from continuing education schools that are approved by the OBRE, as established in Article 25 of this Act. The applicant shall verify on the application that he or she:

(1) has complied with the continuing education requirements; or

(2) is exempt from the continuing education requirements because it is his or her first renewal and he or she was initially licensed as an auctioneer or associate auctioneer during the pre-renewal period prior to the expiration date.

(c) A renewal applicant may request a waiver of the continuing education requirements under subsection (d) of this Section, but shall not practice as an auctioneer or associate auctioneer until such waiver is granted and a renewal license is issued.

(d) The Commissioner, with the recommendation of the Advisory Board, may grant a renewal applicant a waiver from all or part of the continuing education requirements for the pre-renewal period if the applicant was not able to fulfill the requirements as a result of the following conditions:

(1) Service in the armed forces of the United States during a substantial part of the pre-renewal period.

(2) Service as an elected State or federal official.

(3) Service as a full-time employee of the OBRE.

(4) Other extreme circumstances as recommended by the Advisory Board.

(Source: P.A. 91-603, eff. 1-1-00.)

(225 ILCS 407/25-5)

(Section scheduled to be repealed on January 1, 2010)

Sec. 25-5. Continuing education.

(a) For each pre-renewal period, each auctioneer and associate auctioneer who makes application to renew his or her license must successfully complete auction continuing education courses approved by the Advisory Board and OBRE from a school approved by the Advisory Board and OBRE.

(b) Each renewal applicant shall successfully complete 12 hours of continuing education, of which at least 6 hours shall be mandatory core subjects in the following categories:

(1) Illinois statutes and rules governing auctioneering;

(2) federal statutes and regulations governing auctioneering;

(3) auctioneering ethics;

(4) escrow and trust accounts;

(5) contracts; and

(6) other subject matter approved by the Board and established by rule.

(c) Each renewal applicant may satisfy the remaining 6 hours of continuing education from the mandatory core subjects from the categories as provided in subsection (b) or successfully complete an additional 6 hours of continuing education in the following elective subject categories:

(1) agency;

(2) business courses related to auctioneering;

(3) real estate related courses;

(4) auction management;

(5) bid calling;

(6) public speaking;

(7) advertising;

(8) specialty auction courses; or

(9) other subject matter approved by the Board and established by rule.

(d) Every licensee shall personally take and pass an examination after each continuing education course, as provided by rule. For the purposes of this Section, 70% shall be deemed a passing score.

(e) A renewal applicant may complete the continuing education courses in one day.

(f) A renewal applicant may receive credit for continuing education courses in this State by completing similar continuing education courses in another state.

(Source: P.A. 91-603, eff. 1-1-00.)