1 | | - | SB2351 EngrossedLRB104 05051 AAS 15079 b SB2351 Engrossed LRB104 05051 AAS 15079 b |
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| 1 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2351 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 225 ILCS 407/5-10225 ILCS 407/10-1 Amends the Auction License Act. Adds definitions for "estate sale", "estate sale service", and "online auction". Provides that "Internet auction listing service" does not include an online auction. Adds an online auction, an estate sale, and providing an estate service to events that are unlawful for any person, corporation, limited liability company, partnership, or other entity to conduct in the State of Illinois without a licensed issued by the Department of Financial and Professional Regulation. Adds online auctions and estate sales with certain conditions to exemptions to the license requirement. Provides that nothing in the Act shall be construed to apply to a sale conducted by an individual of his or her own property if such an individual is not engaged in the business of selling such property or if the individual did not acquire such goods for resale. Provides that nothing in provisions regarding the license requirement shall be construed to apply to any person as a receiver, trustee in bankruptcy, guardian, administrator, or executor or any such person acting under order of any court, nor shall the provisions regarding the license requirement apply to a trustee acting under a trust agreement, deed of trust, or will, or sales at auction conducted by or under the direction of any public authority or pursuant to any judicial order or decree. Effective January 1, 2026. LRB104 05051 AAS 15079 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2351 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 225 ILCS 407/5-10225 ILCS 407/10-1 225 ILCS 407/5-10 225 ILCS 407/10-1 Amends the Auction License Act. Adds definitions for "estate sale", "estate sale service", and "online auction". Provides that "Internet auction listing service" does not include an online auction. Adds an online auction, an estate sale, and providing an estate service to events that are unlawful for any person, corporation, limited liability company, partnership, or other entity to conduct in the State of Illinois without a licensed issued by the Department of Financial and Professional Regulation. Adds online auctions and estate sales with certain conditions to exemptions to the license requirement. Provides that nothing in the Act shall be construed to apply to a sale conducted by an individual of his or her own property if such an individual is not engaged in the business of selling such property or if the individual did not acquire such goods for resale. Provides that nothing in provisions regarding the license requirement shall be construed to apply to any person as a receiver, trustee in bankruptcy, guardian, administrator, or executor or any such person acting under order of any court, nor shall the provisions regarding the license requirement apply to a trustee acting under a trust agreement, deed of trust, or will, or sales at auction conducted by or under the direction of any public authority or pursuant to any judicial order or decree. Effective January 1, 2026. LRB104 05051 AAS 15079 b LRB104 05051 AAS 15079 b A BILL FOR |
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| 2 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2351 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: |
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| 3 | + | 225 ILCS 407/5-10225 ILCS 407/10-1 225 ILCS 407/5-10 225 ILCS 407/10-1 |
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| 4 | + | 225 ILCS 407/5-10 |
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| 5 | + | 225 ILCS 407/10-1 |
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| 6 | + | Amends the Auction License Act. Adds definitions for "estate sale", "estate sale service", and "online auction". Provides that "Internet auction listing service" does not include an online auction. Adds an online auction, an estate sale, and providing an estate service to events that are unlawful for any person, corporation, limited liability company, partnership, or other entity to conduct in the State of Illinois without a licensed issued by the Department of Financial and Professional Regulation. Adds online auctions and estate sales with certain conditions to exemptions to the license requirement. Provides that nothing in the Act shall be construed to apply to a sale conducted by an individual of his or her own property if such an individual is not engaged in the business of selling such property or if the individual did not acquire such goods for resale. Provides that nothing in provisions regarding the license requirement shall be construed to apply to any person as a receiver, trustee in bankruptcy, guardian, administrator, or executor or any such person acting under order of any court, nor shall the provisions regarding the license requirement apply to a trustee acting under a trust agreement, deed of trust, or will, or sales at auction conducted by or under the direction of any public authority or pursuant to any judicial order or decree. Effective January 1, 2026. |
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| 7 | + | LRB104 05051 AAS 15079 b LRB104 05051 AAS 15079 b |
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| 8 | + | LRB104 05051 AAS 15079 b |
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| 9 | + | A BILL FOR |
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| 10 | + | SB2351LRB104 05051 AAS 15079 b SB2351 LRB104 05051 AAS 15079 b |
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| 11 | + | SB2351 LRB104 05051 AAS 15079 b |
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3 | 12 | | 1 AN ACT concerning regulation. |
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4 | 13 | | 2 Be it enacted by the People of the State of Illinois, |
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5 | 14 | | 3 represented in the General Assembly: |
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6 | 15 | | 4 Section 5. The Auction License Act is amended by changing |
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7 | 16 | | 5 Sections 5-10 and 10-1 as follows: |
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8 | 17 | | 6 (225 ILCS 407/5-10) |
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9 | 18 | | 7 (Section scheduled to be repealed on January 1, 2030) |
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10 | 19 | | 8 Sec. 5-10. Definitions. As used in this Act: |
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11 | 20 | | 9 "Advertisement" means any written, oral, or electronic |
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12 | 21 | | 10 communication that contains a promotion, inducement, or offer |
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13 | 22 | | 11 to conduct an auction or offer to provide an auction service, |
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14 | 23 | | 12 including but not limited to brochures, pamphlets, radio and |
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15 | 24 | | 13 television scripts, telephone and direct mail solicitations, |
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16 | | - | 14 electronic media, Internet online, and other means of |
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17 | | - | 15 promotion. |
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18 | | - | 16 "Advisory Board" or "Board" means the Auctioneer Advisory |
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19 | | - | 17 Board. |
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20 | | - | 18 "Auction" means the sale or lease of property, real or |
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21 | | - | 19 personal, by means of exchanges between an auctioneer and |
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22 | | - | 20 prospective purchasers or lessees, which consists of a series |
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23 | | - | 21 of invitations or bids for offers made by the auctioneer to and |
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24 | | - | 22 offers by prospective purchasers or lessees for the purpose of |
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25 | | - | 23 obtaining an acceptable offer for the sale or lease of the |
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| 25 | + | 14 electronic media, and other means of promotion. |
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| 26 | + | 15 "Advisory Board" or "Board" means the Auctioneer Advisory |
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| 27 | + | 16 Board. |
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| 28 | + | 17 "Auction" means the sale or lease of property, real or |
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| 29 | + | 18 personal, by means of exchanges between an auctioneer and |
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| 30 | + | 19 prospective purchasers or lessees, which consists of a series |
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| 31 | + | 20 of invitations for offers made by the auctioneer and offers by |
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| 32 | + | 21 prospective purchasers or lessees for the purpose of obtaining |
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| 33 | + | 22 an acceptable offer for the sale or lease of the property, |
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| 34 | + | 23 including the sale or lease of property via mail, |
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29 | | - | SB2351 Engrossed LRB104 05051 AAS 15079 b |
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30 | | - | |
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31 | | - | |
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32 | | - | SB2351 Engrossed- 2 -LRB104 05051 AAS 15079 b SB2351 Engrossed - 2 - LRB104 05051 AAS 15079 b |
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33 | | - | SB2351 Engrossed - 2 - LRB104 05051 AAS 15079 b |
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34 | | - | 1 property, including the sale or lease of property via mail, |
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35 | | - | 2 telecommunications, or the Internet online. |
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36 | | - | 3 "Auction contract" means a written agreement between an |
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37 | | - | 4 auctioneer or auction firm and a seller or sellers. |
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38 | | - | 5 "Auction firm" means any corporation, partnership, or |
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39 | | - | 6 limited liability company that acts as an auctioneer and |
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40 | | - | 7 provides an auction service. |
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41 | | - | 8 "Auction school" means any educational institution, public |
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42 | | - | 9 or private, that offers a curriculum of auctioneer education |
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43 | | - | 10 and training approved by the Department. |
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44 | | - | 11 "Auction service" means the service of arranging, |
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45 | | - | 12 managing, advertising, or conducting auctions. |
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46 | | - | 13 "Auctioneer" means a person or entity who, for another, |
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47 | | - | 14 for a fee, compensation, commission, or any other valuable |
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48 | | - | 15 consideration at auction or with the intention or expectation |
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49 | | - | 16 of receiving valuable consideration by the means of or process |
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50 | | - | 17 of an auction or sale at auction or providing an auction |
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51 | | - | 18 service, offers, negotiates, or attempts to negotiate an |
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52 | | - | 19 auction contract, sale, purchase, or exchange of goods, |
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53 | | - | 20 chattels, merchandise, personal property, real property, or |
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54 | | - | 21 any commodity that may be lawfully kept or offered for sale by |
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55 | | - | 22 or at auction. |
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56 | | - | 23 "Address of record" means the designated address recorded |
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57 | | - | 24 by the Department in the applicant's or licensee's application |
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58 | | - | 25 file or license file maintained by the Department. |
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59 | | - | 26 "Buyer premium" means any fee or compensation paid by the |
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| 38 | + | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB2351 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: |
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| 39 | + | 225 ILCS 407/5-10225 ILCS 407/10-1 225 ILCS 407/5-10 225 ILCS 407/10-1 |
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| 40 | + | 225 ILCS 407/5-10 |
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| 41 | + | 225 ILCS 407/10-1 |
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| 42 | + | Amends the Auction License Act. Adds definitions for "estate sale", "estate sale service", and "online auction". Provides that "Internet auction listing service" does not include an online auction. Adds an online auction, an estate sale, and providing an estate service to events that are unlawful for any person, corporation, limited liability company, partnership, or other entity to conduct in the State of Illinois without a licensed issued by the Department of Financial and Professional Regulation. Adds online auctions and estate sales with certain conditions to exemptions to the license requirement. Provides that nothing in the Act shall be construed to apply to a sale conducted by an individual of his or her own property if such an individual is not engaged in the business of selling such property or if the individual did not acquire such goods for resale. Provides that nothing in provisions regarding the license requirement shall be construed to apply to any person as a receiver, trustee in bankruptcy, guardian, administrator, or executor or any such person acting under order of any court, nor shall the provisions regarding the license requirement apply to a trustee acting under a trust agreement, deed of trust, or will, or sales at auction conducted by or under the direction of any public authority or pursuant to any judicial order or decree. Effective January 1, 2026. |
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| 43 | + | LRB104 05051 AAS 15079 b LRB104 05051 AAS 15079 b |
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| 44 | + | LRB104 05051 AAS 15079 b |
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| 45 | + | A BILL FOR |
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68 | | - | SB2351 Engrossed- 3 -LRB104 05051 AAS 15079 b SB2351 Engrossed - 3 - LRB104 05051 AAS 15079 b |
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69 | | - | SB2351 Engrossed - 3 - LRB104 05051 AAS 15079 b |
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70 | | - | 1 successful purchaser of property sold or leased at or by |
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71 | | - | 2 auction, to the auctioneer, auction firms, seller, lessor, or |
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72 | | - | 3 other party to the transaction, other than the purchase price. |
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73 | | - | 4 "Department" means the Department of Financial and |
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74 | | - | 5 Professional Regulation. |
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75 | | - | 6 "Division" means the Division of Real Estate within the |
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76 | | - | 7 Department. |
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77 | | - | 8 "Email address of record" means the designated email |
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78 | | - | 9 address recorded by the Department in the applicant's |
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79 | | - | 10 application file or the licensee's license file maintained by |
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80 | | - | 11 the Department's licensure maintenance unit. |
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81 | | - | 12 "Estate sale" means a sale for liquidation of personal |
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82 | | - | 13 property of an estate owned by one or more individuals, |
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83 | | - | 14 families, or legal representatives of the estate that is |
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84 | | - | 15 advertised and scheduled for a predetermined amount of time |
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85 | | - | 16 and to which the public is invited to participate in a |
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86 | | - | 17 negotiation or bid for the purchase of the personal property. |
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87 | | - | 18 "Estate sale service" means the performance of an auction |
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88 | | - | 19 service for the owners of personal property to be sold at an |
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89 | | - | 20 estate sale, where an auctioneer undertakes the responsibility |
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90 | | - | 21 of conducting the sale. "Estate sale service" does not include |
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91 | | - | 22 the sale of real property. |
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92 | | - | 23 "Goods" means chattels, movable goods, merchandise, or |
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93 | | - | 24 personal property or commodities of any form or type that may |
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94 | | - | 25 be lawfully kept or offered for sale. |
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95 | | - | 26 "Interactive computer service" means any information |
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| 55 | + | |
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| 56 | + | LRB104 05051 AAS 15079 b |
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104 | | - | SB2351 Engrossed- 4 -LRB104 05051 AAS 15079 b SB2351 Engrossed - 4 - LRB104 05051 AAS 15079 b |
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105 | | - | SB2351 Engrossed - 4 - LRB104 05051 AAS 15079 b |
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106 | | - | 1 service, system, or access software provider that provides or |
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107 | | - | 2 enables computer access by multiple users to a computer |
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108 | | - | 3 server, including specifically a service or system that |
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109 | | - | 4 provides access to the Internet. |
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110 | | - | 5 "Internet auction listing service" means a website on the |
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111 | | - | 6 Internet, or other interactive computer service, that is |
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112 | | - | 7 designed to allow or advertise as a means of allowing users to |
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113 | | - | 8 offer personal property or services for sale or lease to a |
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114 | | - | 9 prospective buyer or lessee through an online bid submission |
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115 | | - | 10 process using that website or interactive computer service and |
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116 | | - | 11 that does not examine, set the price, prepare the description |
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117 | | - | 12 of the personal property or service to be offered, or in any |
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118 | | - | 13 way utilize the services of a natural person as an auctioneer. |
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119 | | - | 14 "Licensee" means any person licensed under this Act. |
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120 | | - | 15 "Managing auctioneer" means any person licensed as an |
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121 | | - | 16 auctioneer who manages and supervises licensees. |
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122 | | - | 17 "Online auction" means an auction or auction service |
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123 | | - | 18 conducted by an auctioneer via a website on the Internet, an |
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124 | | - | 19 application, an interactive computer service, or other similar |
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125 | | - | 20 media. |
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126 | | - | 21 "Person" means an individual, association, partnership, |
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127 | | - | 22 corporation, or limited liability company or the officers, |
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128 | | - | 23 directors, or employees of the same. |
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129 | | - | 24 "Pre-renewal period" means the 24 months prior to the |
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130 | | - | 25 expiration date of a license issued under this Act. |
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131 | | - | 26 "Real estate" means real estate as defined in Section 1-10 |
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| 64 | + | |
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| 65 | + | |
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| 66 | + | SB2351 LRB104 05051 AAS 15079 b |
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| 67 | + | |
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| 68 | + | |
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| 69 | + | SB2351- 2 -LRB104 05051 AAS 15079 b SB2351 - 2 - LRB104 05051 AAS 15079 b |
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| 70 | + | SB2351 - 2 - LRB104 05051 AAS 15079 b |
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| 71 | + | 1 telecommunications, or the Internet. |
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| 72 | + | 2 "Auction contract" means a written agreement between an |
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| 73 | + | 3 auctioneer or auction firm and a seller or sellers. |
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| 74 | + | 4 "Auction firm" means any corporation, partnership, or |
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| 75 | + | 5 limited liability company that acts as an auctioneer and |
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| 76 | + | 6 provides an auction service. |
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| 77 | + | 7 "Auction school" means any educational institution, public |
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| 78 | + | 8 or private, that offers a curriculum of auctioneer education |
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| 79 | + | 9 and training approved by the Department. |
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| 80 | + | 10 "Auction service" means the service of arranging, |
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| 81 | + | 11 managing, advertising, or conducting auctions. |
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| 82 | + | 12 "Auctioneer" means a person or entity who, for another, |
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| 83 | + | 13 for a fee, compensation, commission, or any other valuable |
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| 84 | + | 14 consideration at auction or with the intention or expectation |
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| 85 | + | 15 of receiving valuable consideration by the means of or process |
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| 86 | + | 16 of an auction or sale at auction or providing an auction |
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| 87 | + | 17 service, offers, negotiates, or attempts to negotiate an |
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| 88 | + | 18 auction contract, sale, purchase, or exchange of goods, |
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| 89 | + | 19 chattels, merchandise, personal property, real property, or |
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| 90 | + | 20 any commodity that may be lawfully kept or offered for sale by |
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| 91 | + | 21 or at auction. |
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| 92 | + | 22 "Address of record" means the designated address recorded |
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| 93 | + | 23 by the Department in the applicant's or licensee's application |
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| 94 | + | 24 file or license file maintained by the Department. |
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| 95 | + | 25 "Buyer premium" means any fee or compensation paid by the |
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| 96 | + | 26 successful purchaser of property sold or leased at or by |
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140 | | - | SB2351 Engrossed- 5 -LRB104 05051 AAS 15079 b SB2351 Engrossed - 5 - LRB104 05051 AAS 15079 b |
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141 | | - | SB2351 Engrossed - 5 - LRB104 05051 AAS 15079 b |
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142 | | - | 1 of the Real Estate License Act of 2000 or its successor Acts. |
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143 | | - | 2 "Secretary" means the Secretary of Financial and |
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144 | | - | 3 Professional Regulation or his or her designee. |
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145 | | - | 4 (Source: P.A. 100-534, eff. 9-22-17; 101-345, eff. 8-9-19.) |
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146 | | - | 5 (225 ILCS 407/10-1) |
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147 | | - | 6 (Section scheduled to be repealed on January 1, 2030) |
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148 | | - | 7 Sec. 10-1. Necessity of license; exemptions. |
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149 | | - | 8 (a) It is unlawful for any person, corporation, limited |
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150 | | - | 9 liability company, partnership, or other entity to conduct an |
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151 | | - | 10 auction, provide an auction service, hold himself or herself |
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152 | | - | 11 out as an auctioneer, or advertise his or her services as an |
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153 | | - | 12 auctioneer in the State of Illinois without a license issued |
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154 | | - | 13 by the Department under this Act, except at: |
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155 | | - | 14 (1) an auction conducted solely by or for a |
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156 | | - | 15 not-for-profit organization for charitable purposes in |
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157 | | - | 16 which the individual receives no compensation; |
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158 | | - | 17 (2) an auction conducted by the owner of the property, |
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159 | | - | 18 real or personal; |
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160 | | - | 19 (3) an auction for the sale or lease of real property |
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161 | | - | 20 conducted by a licensee under the Real Estate License Act, |
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162 | | - | 21 or its successor Acts, in accordance with the terms of |
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163 | | - | 22 that Act; |
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164 | | - | 23 (4) an auction conducted by a business registered as a |
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165 | | - | 24 market agency under the federal Packers and Stockyards Act |
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166 | | - | 25 (7 U.S.C. 181 et seq.) or under the Livestock Auction |
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| 105 | + | SB2351- 3 -LRB104 05051 AAS 15079 b SB2351 - 3 - LRB104 05051 AAS 15079 b |
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| 106 | + | SB2351 - 3 - LRB104 05051 AAS 15079 b |
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| 107 | + | 1 auction, to the auctioneer, auction firms, seller, lessor, or |
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| 108 | + | 2 other party to the transaction, other than the purchase price. |
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| 109 | + | 3 "Department" means the Department of Financial and |
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| 110 | + | 4 Professional Regulation. |
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| 111 | + | 5 "Division" means the Division of Real Estate within the |
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| 112 | + | 6 Department. |
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| 113 | + | 7 "Email address of record" means the designated email |
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| 114 | + | 8 address recorded by the Department in the applicant's |
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| 115 | + | 9 application file or the licensee's license file maintained by |
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| 116 | + | 10 the Department's licensure maintenance unit. |
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| 117 | + | 11 "Estate sale" means a sale, to which the public is |
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| 118 | + | 12 invited, of physical assets suited primarily for household or |
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| 119 | + | 13 personal use and owned by one or more individuals or families |
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| 120 | + | 14 or by the estate of a deceased individual. |
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| 121 | + | 15 "Estate sale service" means entering into and performing |
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| 122 | + | 16 an agreement with the owner or owners of property to be sold at |
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| 123 | + | 17 an estate sale in which an auctioneer undertakes the |
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| 124 | + | 18 responsibility for conducting the sale, including functions |
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| 125 | + | 19 such as advising; advertising; pricing and displaying of |
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| 126 | + | 20 merchandise; selling; receiving and accounting for payments; |
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| 127 | + | 21 and recordkeeping. |
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| 128 | + | 22 "Goods" means chattels, movable goods, merchandise, or |
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| 129 | + | 23 personal property or commodities of any form or type that may |
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| 130 | + | 24 be lawfully kept or offered for sale. |
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| 131 | + | 25 "Interactive computer service" means any information |
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| 132 | + | 26 service, system, or access software provider that provides or |
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175 | | - | SB2351 Engrossed- 6 -LRB104 05051 AAS 15079 b SB2351 Engrossed - 6 - LRB104 05051 AAS 15079 b |
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176 | | - | SB2351 Engrossed - 6 - LRB104 05051 AAS 15079 b |
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177 | | - | 1 Market Law; |
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178 | | - | 2 (5) an auction conducted by an agent, officer, or |
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179 | | - | 3 employee of a federal agency in the conduct of his or her |
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180 | | - | 4 official duties; and |
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181 | | - | 5 (6) an auction conducted by an agent, officer, or |
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182 | | - | 6 employee of the State government or any political |
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183 | | - | 7 subdivision thereof performing his or her official duties. |
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184 | | - | 8 (b) Nothing in this Act shall be construed to apply to a |
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185 | | - | 9 new or used vehicle dealer or a vehicle auctioneer licensed by |
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186 | | - | 10 the Secretary of State of Illinois, or to any employee of the |
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187 | | - | 11 licensee, who is a resident of the State of Illinois, while the |
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188 | | - | 12 employee is acting in the regular scope of his or her |
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189 | | - | 13 employment for the licensee while conducting an auction that |
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190 | | - | 14 is not open to the public, provided that only new or used |
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191 | | - | 15 vehicle dealers, rebuilders, automotive parts recyclers, or |
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192 | | - | 16 scrap processors licensed by the Secretary of State or |
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193 | | - | 17 licensed by another state or jurisdiction may buy property at |
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194 | | - | 18 the auction, or to sales by or through the licensee. |
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195 | | - | 19 Out-of-state salvage vehicle buyers licensed in another state |
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196 | | - | 20 or jurisdiction may also buy property at the auction. |
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197 | | - | 21 (c) Nothing in this Act shall be construed to prohibit a |
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198 | | - | 22 person under the age of 18 from selling property under $250 in |
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199 | | - | 23 value while under the direct supervision of a licensed |
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200 | | - | 24 auctioneer. |
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201 | | - | 25 (d) Nothing in this Act shall be construed to apply to a |
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202 | | - | 26 person providing an Internet auction listing service as |
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| 141 | + | SB2351- 4 -LRB104 05051 AAS 15079 b SB2351 - 4 - LRB104 05051 AAS 15079 b |
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| 142 | + | SB2351 - 4 - LRB104 05051 AAS 15079 b |
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| 143 | + | 1 enables computer access by multiple users to a computer |
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| 144 | + | 2 server, including specifically a service or system that |
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| 145 | + | 3 provides access to the Internet. |
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| 146 | + | 4 "Internet auction listing service" means a website on the |
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| 147 | + | 5 Internet, or other interactive computer service, that is |
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| 148 | + | 6 designed to allow or advertise as a means of allowing users to |
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| 149 | + | 7 offer personal property or services for sale or lease to a |
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| 150 | + | 8 prospective buyer or lessee through an online bid submission |
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| 151 | + | 9 process using that website or interactive computer service and |
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| 152 | + | 10 that does not examine, set the price, prepare the description |
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| 153 | + | 11 of the personal property or service to be offered, or in any |
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| 154 | + | 12 way utilize the services of a natural person as an auctioneer. |
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| 155 | + | 13 "Internet auction listing service" does not include an online |
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| 156 | + | 14 auction. |
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| 157 | + | 15 "Licensee" means any person licensed under this Act. |
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| 158 | + | 16 "Managing auctioneer" means any person licensed as an |
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| 159 | + | 17 auctioneer who manages and supervises licensees. |
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| 160 | + | 18 "Online auction" means an auction or auction service |
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| 161 | + | 19 conducted by an auctioneer via a website on the Internet, an |
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| 162 | + | 20 application, an interactive computer service, or other similar |
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| 163 | + | 21 media, where the auctioneer examines, sets the price, or |
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| 164 | + | 22 prepares the description of the personal property or service |
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| 165 | + | 23 offered for sale. |
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| 166 | + | 24 "Person" means an individual, association, partnership, |
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| 167 | + | 25 corporation, or limited liability company or the officers, |
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| 168 | + | 26 directors, or employees of the same. |
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211 | | - | SB2351 Engrossed- 7 -LRB104 05051 AAS 15079 b SB2351 Engrossed - 7 - LRB104 05051 AAS 15079 b |
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212 | | - | SB2351 Engrossed - 7 - LRB104 05051 AAS 15079 b |
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213 | | - | 1 defined in Section 5-10. |
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214 | | - | 2 (e) Nothing in this Act shall be construed to apply to a |
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215 | | - | 3 third-party reseller of personal property where owners or |
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216 | | - | 4 representatives of an estate have transferred ownership of the |
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217 | | - | 5 property to the reseller to be sold anonymously. A third-party |
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218 | | - | 6 reseller may include, but is not limited to, a retail seller, a |
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219 | | - | 7 consignment seller, or a distributor who does not conduct an |
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220 | | - | 8 estate sale. |
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221 | | - | 9 (f) Nothing in this Section shall be construed to apply to |
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222 | | - | 10 any person as a receiver, trustee in bankruptcy, guardian, |
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223 | | - | 11 administrator, or executor; any such person acting under an |
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224 | | - | 12 order of any court, under the direction of any public |
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225 | | - | 13 authority, or pursuant to any judicial decree; or any such |
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226 | | - | 14 person acting pursuant to a trust agreement, deed of trust, or |
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227 | | - | 15 will. |
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228 | | - | 16 (Source: P.A. 100-534, eff. 9-22-17.) |
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| 179 | + | 1 "Pre-renewal period" means the 24 months prior to the |
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| 180 | + | 2 expiration date of a license issued under this Act. |
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| 181 | + | 3 "Real estate" means real estate as defined in Section 1-10 |
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| 182 | + | 4 of the Real Estate License Act of 2000 or its successor Acts. |
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| 183 | + | 5 "Secretary" means the Secretary of Financial and |
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| 184 | + | 6 Professional Regulation or his or her designee. |
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| 185 | + | 7 (Source: P.A. 100-534, eff. 9-22-17; 101-345, eff. 8-9-19.) |
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| 186 | + | 8 (225 ILCS 407/10-1) |
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| 187 | + | 9 (Section scheduled to be repealed on January 1, 2030) |
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| 188 | + | 10 Sec. 10-1. Necessity of license; exemptions. |
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| 189 | + | 11 (a) It is unlawful for any person, corporation, limited |
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| 190 | + | 12 liability company, partnership, or other entity to conduct an |
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| 191 | + | 13 auction, online auction, or estate sale provide an auction |
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| 192 | + | 14 service or estate service, hold himself or herself out as an |
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| 193 | + | 15 auctioneer, or advertise his or her services as an auctioneer |
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| 194 | + | 16 in the State of Illinois without a license issued by the |
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| 195 | + | 17 Department under this Act, except at: |
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| 196 | + | 18 (1) an auction, online auction, or estate sale |
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| 197 | + | 19 conducted solely by or for a not-for-profit organization |
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| 198 | + | 20 for charitable purposes in which the individual receives |
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| 199 | + | 21 no compensation; |
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| 200 | + | 22 (2) an auction, online auction, or estate sale |
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| 201 | + | 23 conducted by the owner of the property, real or personal; |
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| 202 | + | 24 (3) an auction, online auction, or estate sale for the |
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| 203 | + | 25 sale or lease of real property conducted by a licensee |
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| 214 | + | 1 under the Real Estate License Act, or its successor Acts, |
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| 215 | + | 2 in accordance with the terms of that Act; |
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| 216 | + | 3 (4) an auction, online auction, or estate sale |
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| 217 | + | 4 conducted by a business registered as a market agency |
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| 218 | + | 5 under the federal Packers and Stockyards Act (7 U.S.C. 181 |
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| 219 | + | 6 et seq.) or under the Livestock Auction Market Law; |
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| 220 | + | 7 (5) an auction, online auction, or estate sale |
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| 221 | + | 8 conducted by an agent, officer, or employee of a federal |
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| 222 | + | 9 agency in the conduct of his or her official duties; and |
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| 223 | + | 10 (6) an auction, online auction, or estate sale |
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| 224 | + | 11 conducted by an agent, officer, or employee of the State |
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| 225 | + | 12 government or any political subdivision thereof performing |
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| 226 | + | 13 his or her official duties. |
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| 227 | + | 14 (b) Nothing in this Act shall be construed to apply to a |
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| 228 | + | 15 new or used vehicle dealer or a vehicle auctioneer licensed by |
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| 229 | + | 16 the Secretary of State of Illinois, or to any employee of the |
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| 230 | + | 17 licensee, who is a resident of the State of Illinois, while the |
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| 231 | + | 18 employee is acting in the regular scope of his or her |
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| 232 | + | 19 employment for the licensee while conducting an auction that |
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| 233 | + | 20 is not open to the public, provided that only new or used |
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| 234 | + | 21 vehicle dealers, rebuilders, automotive parts recyclers, or |
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| 235 | + | 22 scrap processors licensed by the Secretary of State or |
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| 236 | + | 23 licensed by another state or jurisdiction may buy property at |
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| 237 | + | 24 the auction, or to sales by or through the licensee. |
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| 238 | + | 25 Out-of-state salvage vehicle buyers licensed in another state |
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| 239 | + | 26 or jurisdiction may also buy property at the auction. |
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| 250 | + | 1 (c) Nothing in this Act shall be construed to prohibit a |
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| 251 | + | 2 person under the age of 18 from selling property under $250 in |
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| 252 | + | 3 value while under the direct supervision of a licensed |
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| 253 | + | 4 auctioneer. |
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| 254 | + | 5 (d) Nothing in this Act shall be construed to apply to a |
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| 255 | + | 6 person providing an Internet auction listing service as |
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| 256 | + | 7 defined in Section 5-10. |
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| 257 | + | 8 (e) Nothing in this Act shall be construed to apply to a |
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| 258 | + | 9 sale conducted by an individual of his or her own property if |
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| 259 | + | 10 the individual is not engaged in the business of selling such |
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| 260 | + | 11 property or the individual did not acquire such goods for |
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| 261 | + | 12 resale. |
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| 262 | + | 13 (f) Nothing in this Section shall be construed to apply to |
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| 263 | + | 14 any person as a receiver, trustee in bankruptcy, guardian, |
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| 264 | + | 15 administrator, or executor or any such person acting under |
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| 265 | + | 16 order of any court, nor shall this Section apply to a trustee |
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| 266 | + | 17 acting under a trust agreement, deed of trust, or will, or |
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| 267 | + | 18 sales at auction conducted by or under the direction of any |
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| 268 | + | 19 public authority or pursuant to any judicial order or decree. |
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| 269 | + | 20 (Source: P.A. 100-534, eff. 9-22-17.) |
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