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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5579 Introduced 2/15/2012, by Rep. Kay Hatcher SYNOPSIS AS INTRODUCED:
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Amends the Auction License Act. Provides that the term "auction" includes an estate sale, but does not include a garage sale or yard sale on an individual's premises.
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| | A BILL FOR |
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| | HB5579 | | LRB097 20460 CEL 65972 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Auction License Act is amended by changing |
| 5 | | Section 5-10 as follows:
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| 6 | | (225 ILCS 407/5-10)
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| 7 | | (Section scheduled to be repealed on January 1, 2020)
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| 8 | | Sec. 5-10. Definitions. As used in this Act:
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| 9 | | "Advertisement" means any written, oral, or electronic |
| 10 | | communication that
contains a promotion, inducement, or offer |
| 11 | | to conduct an auction or offer to
provide an auction service, |
| 12 | | including, but not limited to, brochures, pamphlets,
radio and |
| 13 | | television scripts, telephone and direct mail solicitations,
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| 14 | | electronic media, and other means of promotion.
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| 15 | | "Advisory Board" or "Board" means the Auctioneer Advisory |
| 16 | | Board.
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| 17 | | "Associate auctioneer" means a person who conducts an |
| 18 | | auction, but who is
under the direct supervision of, and is |
| 19 | | sponsored by, a licensed auctioneer
or auction firm.
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| 20 | | "Auction" means the sale or lease of property, real or |
| 21 | | personal, by means
of exchanges between an auctioneer and |
| 22 | | prospective
purchasers or lessees, which consists of a series |
| 23 | | of invitations for offers
made by the auctioneer and offers by |
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| 1 | | prospective
purchasers or lessees for the purpose of obtaining |
| 2 | | an acceptable offer for
the sale or lease of the property, |
| 3 | | including the sale or lease of property
via mail, |
| 4 | | telecommunications, or the Internet. "Auction" includes an |
| 5 | | estate sale. "Auction" does not include a garage sale or yard |
| 6 | | sale on an individual's premises.
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| 7 | | "Auction contract" means a written agreement between an |
| 8 | | auctioneer or auction firm and a seller or sellers.
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| 9 | | "Auction firm" means any corporation, partnership, or |
| 10 | | limited liability
company that acts as an auctioneer and |
| 11 | | provides an auction service, including an estate sale.
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| 12 | | "Auction school" means any educational institution, public |
| 13 | | or private,
which offers a curriculum of auctioneer education |
| 14 | | and training approved
by the Department.
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| 15 | | "Auction service" means the service of arranging, |
| 16 | | managing, advertising,
or conducting auctions.
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| 17 | | "Auctioneer" means a person or entity who, for another, for |
| 18 | | a fee,
compensation, commission, or any other valuable |
| 19 | | consideration at auction or
with the intention or expectation |
| 20 | | of receiving valuable consideration by the
means of or process |
| 21 | | of an auction or sale at auction or providing an auction
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| 22 | | service, offers, negotiates, or attempts to negotiate an |
| 23 | | auction contract,
sale, purchase, or exchange of goods, |
| 24 | | chattels, merchandise, personal property,
real property, or |
| 25 | | any commodity that may be lawfully kept or offered for sale
by |
| 26 | | or at auction.
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| 1 | | "Address of Record" means the designated address recorded |
| 2 | | by the Department in the applicant's or licensee's application |
| 3 | | file or license file maintained by the Department. It is the |
| 4 | | duty of the applicant or licensee to inform the Department of |
| 5 | | any change of address, and such changes must be made either |
| 6 | | through the Department's website or by directly contacting the |
| 7 | | Department. |
| 8 | | "Buyer premium" means any fee or compensation paid by the |
| 9 | | successful purchaser of property sold or leased at or by |
| 10 | | auction, to the auctioneer, auction firms, seller, lessor, or |
| 11 | | other party to the transaction, other than the purchase price. |
| 12 | | "Department" means the Department of Financial and |
| 13 | | Professional Regulation.
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| 14 | | "Goods" means chattels, movable goods, merchandise, or |
| 15 | | personal property or
commodities of any form or type that may |
| 16 | | be lawfully kept or offered for sale.
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| 17 | | "Licensee" means any person licensed under this Act.
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| 18 | | "Managing auctioneer" means any person licensed as an |
| 19 | | auctioneer who manages
and supervises licensees sponsored by an |
| 20 | | auction firm or auctioneer.
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| 21 | | "Person" means an individual, association, partnership, |
| 22 | | corporation, or
limited liability company or the officers, |
| 23 | | directors, or employees of the same.
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| 24 | | "Pre-renewal period" means the 24 months prior to the |
| 25 | | expiration date of a
license issued under this Act.
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| 26 | | "Secretary" means the Secretary of the Department of |
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| 1 | | Financial and Professional Regulation or his or her designee.
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| 2 | | "Sponsoring auctioneer" means the auctioneer or auction |
| 3 | | firm who has issued a
sponsor card to a licensed auctioneer.
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| 4 | | "Sponsor card" means the temporary permit issued by the
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| 5 | | sponsoring auctioneer certifying that the licensee named |
| 6 | | thereon is employed
by or associated with the sponsoring |
| 7 | | auctioneer and the sponsoring auctioneer
shall be responsible |
| 8 | | for the actions of the sponsored licensee.
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| 9 | | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
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