Full Text of HB1406 95th General Assembly
HB1406eng 95TH GENERAL ASSEMBLY
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HB1406 Engrossed |
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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 | 5 |
| 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 Acts repealed on January 1, 2010.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 | 8 |
| Acts are repealed on January 1, 2010: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, | 20 |
| eff. 7-16-99;
91-133, eff. 7-16-99; 91-245, eff. 12-31-99; | 21 |
| 91-255, eff. 12-30-99; 91-338,
eff. 12-30-99; 91-580, eff. | 22 |
| 1-1-00; 91-590, eff. 1-1-00; 91-603, eff. 1-1-00;
92-16, eff. | 23 |
| 6-28-01.)
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HB1406 Engrossed |
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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 | 3 |
| following Acts are
Act is repealed on January 1, 2015:
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| The Genetic Counselor Licensing Act. | 5 |
| The Auction License Act.
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| (Source: P.A. 93-1041, eff. 9-29-04.) | 7 |
| Section 10. The Auction License Act is amended by changing | 8 |
| Sections 10-30 and 25-5 as follows:
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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 | 13 |
| years beginning on
September 30,
2001. However, a license | 14 |
| issued under this Act that expires on September 30, 2009 shall | 15 |
| instead expire on December 31, 2010, and thereafter a license | 16 |
| issued under this Act shall expire every 2 years on December 31 | 17 |
| of each even-numbered year. The OBRE shall issue a renewal | 18 |
| license without examination to an
applicant upon submission
of | 19 |
| a completed renewal application and payment of the required | 20 |
| fee.
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| (b) The OBRE shall develop a program for continuing | 22 |
| education as established
in
Article 25
of this Act. No | 23 |
| auctioneer or associate auctioneer shall receive a renewal
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LRB095 04356 RAS 24491 b |
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| license without completing
12 hours of approved continuing | 2 |
| education course work during the pre-renewal
period prior to | 3 |
| the
expiration date of the license from continuing education | 4 |
| schools that are
approved by the OBRE, as
established in | 5 |
| 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 | 8 |
| requirements; or
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| (2) is exempt from the continuing education | 10 |
| requirements because it is his
or
her
first renewal and he | 11 |
| or she was initially licensed as an auctioneer or
associate | 12 |
| auctioneer during the
pre-renewal period prior to the | 13 |
| expiration date.
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| (c) A renewal applicant may request a waiver of the | 15 |
| continuing education
requirements under
subsection (d) of this | 16 |
| Section, but shall not practice as an auctioneer or
associate | 17 |
| auctioneer until
such waiver is granted and a renewal license | 18 |
| is issued.
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| (d) The Commissioner, with the recommendation of the | 20 |
| Advisory Board, may
grant
a
renewal applicant a waiver from all | 21 |
| or part of the continuing education
requirements for the | 22 |
| pre-renewal
period if the applicant was not able to fulfill the | 23 |
| requirements as a
result of the following
conditions:
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| (1) Service in the armed forces of the United States | 25 |
| 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 | 3 |
| 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 | 9 |
| associate auctioneer
who
makes
application to renew his or her | 10 |
| license must successfully complete auction
continuing | 11 |
| education
courses approved by the Advisory Board and OBRE from | 12 |
| a school approved by the
Advisory Board
and OBRE.
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| (b) Each renewal applicant shall successfully complete 12 | 14 |
| hours of
continuing
education, of
which at least 6 hours shall | 15 |
| be mandatory core subjects in the following
categories:
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| (1) Illinois statutes and rules governing | 17 |
| auctioneering;
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| (2) federal statutes and regulations governing | 19 |
| 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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| (6) other subject matter approved by the Board and | 24 |
| 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 | 2 |
| from the categories as provided in subsection (b)
or | 3 |
| successfully
complete an additional 6 hours of continuing | 4 |
| 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 | 14 |
| established by rule.
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| (d) Every licensee shall personally take and pass an | 16 |
| examination after each
continuing
education course, as | 17 |
| provided by rule. For the purposes of this Section, 70%
shall | 18 |
| be deemed a
passing score. | 19 |
| (e) A renewal applicant may complete the continuing | 20 |
| education courses in one day. | 21 |
| (f) A renewal applicant may receive credit for continuing | 22 |
| education courses in this State by completing similar | 23 |
| continuing education courses in another state.
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| (Source: P.A. 91-603, eff. 1-1-00.)
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