97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1722
 
Introduced , by Rep. Jim Sacia
 
SYNOPSIS AS INTRODUCED:
 

 



225 ILCS 407/10-1

     Amends the Auction License Act. Removes a licensing exemption for an auction for the sale or lease of real property conducted by a licensee under the Real Estate License Act, or its successor Acts,  in accordance with the terms of that Act. Effective immediately.
  


LRB097 05392 CEL 45450 b

 
 
A BILL FOR
 

  
HB1722LRB097 05392 CEL 45450 b


  
1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Auction License Act is amended  by changing 
5Section 10-1 as follows:
 


6    (225 ILCS 407/10-1)


7    (Section scheduled to be repealed on January 1, 2020)

8    Sec. 10-1. Necessity of license; exemptions. 

9    (a) It is unlawful for any
person, corporation,
limited 
10liability company, partnership, or other entity to conduct an 
11auction,
provide an auction
service, hold himself or herself 
12out as an auctioneer, or advertise his or her
services as an 
13auctioneer
in the State of Illinois without a license issued by 
14the Department under this Act,
except at:


15        (1) an auction conducted solely by or for a 
16    not-for-profit organization
for
charitable
purposes in 
17    which the individual receives no compensation;


18        (2) an auction conducted by the owner of the property, 
19    real or personal;


20        (3) (blank) an auction for the sale or lease of real 
21    property conducted by a
licensee
under the
Real Estate 
22    License Act, or its successor Acts, in accordance with the 
23    terms of
that Act;


 
 
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1        (4) an auction conducted by a business registered as a 
2    market
agency under the federal Packers and Stockyards Act 
3    (7 U.S.C. 181 et seq.) or
under the Livestock Auction 
4    Market Law;


5        (5) an auction conducted by an agent, officer, or 
6    employee of a federal
agency in the conduct of his or her 
7    official duties; and


8        (6) an auction conducted by an agent, officer, or 
9    employee of the State
government or any political 
10    subdivision thereof performing his or her official
duties.

11    (b) Nothing in this Act shall be construed to apply to a 
12new or used
vehicle dealer
or a vehicle auctioneer licensed by 
13the Secretary of State of Illinois, or
to any employee of the

14licensee, who is a resident of the State of Illinois,
while the 
15employee is acting in the regular scope of his or her 
16employment for
the licensee
while conducting an auction that is 
17not open to the public, provided that
only new or used vehicle 
18dealers,
rebuilders, automotive parts recyclers, or scrap 
19processors licensed by the Secretary of State or licensed by

20another state or jurisdiction may buy property at the auction, 
21or to sales by or
through the licensee. Out-of-state salvage 
22vehicle buyers licensed in another state or jurisdiction may 
23also buy property at the auction.

24    (c) Nothing in this Act shall be construed to prohibit a 
25person under the
age of 18 from selling property under $250 in 
26value while under the direct
supervision of a licensed 
 
 
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1auctioneer.

2    (d) Nothing in this Act, except Section 10-27, shall be 
3construed to
apply to a person while providing an Internet 
4auction listing service as
defined
in Section 10-27.

5(Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730, 
6eff. 8-25-09.)

 
 
7    Section 99. Effective date. This Act takes effect upon 
8becoming law.