Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2351 Compare Versions

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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
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2351 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
3+225 ILCS 407/5-10225 ILCS 407/10-1 225 ILCS 407/5-10 225 ILCS 407/10-1
4+225 ILCS 407/5-10
5+225 ILCS 407/10-1
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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312 1 AN ACT concerning regulation.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
615 4 Section 5. The Auction License Act is amended by changing
716 5 Sections 5-10 and 10-1 as follows:
817 6 (225 ILCS 407/5-10)
918 7 (Section scheduled to be repealed on January 1, 2030)
1019 8 Sec. 5-10. Definitions. As used in this Act:
1120 9 "Advertisement" means any written, oral, or electronic
1221 10 communication that contains a promotion, inducement, or offer
1322 11 to conduct an auction or offer to provide an auction service,
1423 12 including but not limited to brochures, pamphlets, radio and
1524 13 television scripts, telephone and direct mail solicitations,
16-14 electronic media, Internet online, and other means of
17-15 promotion.
18-16 "Advisory Board" or "Board" means the Auctioneer Advisory
19-17 Board.
20-18 "Auction" means the sale or lease of property, real or
21-19 personal, by means of exchanges between an auctioneer and
22-20 prospective purchasers or lessees, which consists of a series
23-21 of invitations or bids for offers made by the auctioneer to and
24-22 offers by prospective purchasers or lessees for the purpose of
25-23 obtaining an acceptable offer for the sale or lease of the
25+14 electronic media, and other means of promotion.
26+15 "Advisory Board" or "Board" means the Auctioneer Advisory
27+16 Board.
28+17 "Auction" means the sale or lease of property, real or
29+18 personal, by means of exchanges between an auctioneer and
30+19 prospective purchasers or lessees, which consists of a series
31+20 of invitations for offers made by the auctioneer and offers by
32+21 prospective purchasers or lessees for the purpose of obtaining
33+22 an acceptable offer for the sale or lease of the property,
34+23 including the sale or lease of property via mail,
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34-1 property, including the sale or lease of property via mail,
35-2 telecommunications, or the Internet online.
36-3 "Auction contract" means a written agreement between an
37-4 auctioneer or auction firm and a seller or sellers.
38-5 "Auction firm" means any corporation, partnership, or
39-6 limited liability company that acts as an auctioneer and
40-7 provides an auction service.
41-8 "Auction school" means any educational institution, public
42-9 or private, that offers a curriculum of auctioneer education
43-10 and training approved by the Department.
44-11 "Auction service" means the service of arranging,
45-12 managing, advertising, or conducting auctions.
46-13 "Auctioneer" means a person or entity who, for another,
47-14 for a fee, compensation, commission, or any other valuable
48-15 consideration at auction or with the intention or expectation
49-16 of receiving valuable consideration by the means of or process
50-17 of an auction or sale at auction or providing an auction
51-18 service, offers, negotiates, or attempts to negotiate an
52-19 auction contract, sale, purchase, or exchange of goods,
53-20 chattels, merchandise, personal property, real property, or
54-21 any commodity that may be lawfully kept or offered for sale by
55-22 or at auction.
56-23 "Address of record" means the designated address recorded
57-24 by the Department in the applicant's or licensee's application
58-25 file or license file maintained by the Department.
59-26 "Buyer premium" means any fee or compensation paid by the
38+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2351 Introduced 2/7/2025, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
39+225 ILCS 407/5-10225 ILCS 407/10-1 225 ILCS 407/5-10 225 ILCS 407/10-1
40+225 ILCS 407/5-10
41+225 ILCS 407/10-1
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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52+225 ILCS 407/10-1
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70-1 successful purchaser of property sold or leased at or by
71-2 auction, to the auctioneer, auction firms, seller, lessor, or
72-3 other party to the transaction, other than the purchase price.
73-4 "Department" means the Department of Financial and
74-5 Professional Regulation.
75-6 "Division" means the Division of Real Estate within the
76-7 Department.
77-8 "Email address of record" means the designated email
78-9 address recorded by the Department in the applicant's
79-10 application file or the licensee's license file maintained by
80-11 the Department's licensure maintenance unit.
81-12 "Estate sale" means a sale for liquidation of personal
82-13 property of an estate owned by one or more individuals,
83-14 families, or legal representatives of the estate that is
84-15 advertised and scheduled for a predetermined amount of time
85-16 and to which the public is invited to participate in a
86-17 negotiation or bid for the purchase of the personal property.
87-18 "Estate sale service" means the performance of an auction
88-19 service for the owners of personal property to be sold at an
89-20 estate sale, where an auctioneer undertakes the responsibility
90-21 of conducting the sale. "Estate sale service" does not include
91-22 the sale of real property.
92-23 "Goods" means chattels, movable goods, merchandise, or
93-24 personal property or commodities of any form or type that may
94-25 be lawfully kept or offered for sale.
95-26 "Interactive computer service" means any information
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106-1 service, system, or access software provider that provides or
107-2 enables computer access by multiple users to a computer
108-3 server, including specifically a service or system that
109-4 provides access to the Internet.
110-5 "Internet auction listing service" means a website on the
111-6 Internet, or other interactive computer service, that is
112-7 designed to allow or advertise as a means of allowing users to
113-8 offer personal property or services for sale or lease to a
114-9 prospective buyer or lessee through an online bid submission
115-10 process using that website or interactive computer service and
116-11 that does not examine, set the price, prepare the description
117-12 of the personal property or service to be offered, or in any
118-13 way utilize the services of a natural person as an auctioneer.
119-14 "Licensee" means any person licensed under this Act.
120-15 "Managing auctioneer" means any person licensed as an
121-16 auctioneer who manages and supervises licensees.
122-17 "Online auction" means an auction or auction service
123-18 conducted by an auctioneer via a website on the Internet, an
124-19 application, an interactive computer service, or other similar
125-20 media.
126-21 "Person" means an individual, association, partnership,
127-22 corporation, or limited liability company or the officers,
128-23 directors, or employees of the same.
129-24 "Pre-renewal period" means the 24 months prior to the
130-25 expiration date of a license issued under this Act.
131-26 "Real estate" means real estate as defined in Section 1-10
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71+1 telecommunications, or the Internet.
72+2 "Auction contract" means a written agreement between an
73+3 auctioneer or auction firm and a seller or sellers.
74+4 "Auction firm" means any corporation, partnership, or
75+5 limited liability company that acts as an auctioneer and
76+6 provides an auction service.
77+7 "Auction school" means any educational institution, public
78+8 or private, that offers a curriculum of auctioneer education
79+9 and training approved by the Department.
80+10 "Auction service" means the service of arranging,
81+11 managing, advertising, or conducting auctions.
82+12 "Auctioneer" means a person or entity who, for another,
83+13 for a fee, compensation, commission, or any other valuable
84+14 consideration at auction or with the intention or expectation
85+15 of receiving valuable consideration by the means of or process
86+16 of an auction or sale at auction or providing an auction
87+17 service, offers, negotiates, or attempts to negotiate an
88+18 auction contract, sale, purchase, or exchange of goods,
89+19 chattels, merchandise, personal property, real property, or
90+20 any commodity that may be lawfully kept or offered for sale by
91+21 or at auction.
92+22 "Address of record" means the designated address recorded
93+23 by the Department in the applicant's or licensee's application
94+24 file or license file maintained by the Department.
95+25 "Buyer premium" means any fee or compensation paid by the
96+26 successful purchaser of property sold or leased at or by
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142-1 of the Real Estate License Act of 2000 or its successor Acts.
143-2 "Secretary" means the Secretary of Financial and
144-3 Professional Regulation or his or her designee.
145-4 (Source: P.A. 100-534, eff. 9-22-17; 101-345, eff. 8-9-19.)
146-5 (225 ILCS 407/10-1)
147-6 (Section scheduled to be repealed on January 1, 2030)
148-7 Sec. 10-1. Necessity of license; exemptions.
149-8 (a) It is unlawful for any person, corporation, limited
150-9 liability company, partnership, or other entity to conduct an
151-10 auction, provide an auction service, hold himself or herself
152-11 out as an auctioneer, or advertise his or her services as an
153-12 auctioneer in the State of Illinois without a license issued
154-13 by the Department under this Act, except at:
155-14 (1) an auction conducted solely by or for a
156-15 not-for-profit organization for charitable purposes in
157-16 which the individual receives no compensation;
158-17 (2) an auction conducted by the owner of the property,
159-18 real or personal;
160-19 (3) an auction for the sale or lease of real property
161-20 conducted by a licensee under the Real Estate License Act,
162-21 or its successor Acts, in accordance with the terms of
163-22 that Act;
164-23 (4) an auction conducted by a business registered as a
165-24 market agency under the federal Packers and Stockyards Act
166-25 (7 U.S.C. 181 et seq.) or under the Livestock Auction
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107+1 auction, to the auctioneer, auction firms, seller, lessor, or
108+2 other party to the transaction, other than the purchase price.
109+3 "Department" means the Department of Financial and
110+4 Professional Regulation.
111+5 "Division" means the Division of Real Estate within the
112+6 Department.
113+7 "Email address of record" means the designated email
114+8 address recorded by the Department in the applicant's
115+9 application file or the licensee's license file maintained by
116+10 the Department's licensure maintenance unit.
117+11 "Estate sale" means a sale, to which the public is
118+12 invited, of physical assets suited primarily for household or
119+13 personal use and owned by one or more individuals or families
120+14 or by the estate of a deceased individual.
121+15 "Estate sale service" means entering into and performing
122+16 an agreement with the owner or owners of property to be sold at
123+17 an estate sale in which an auctioneer undertakes the
124+18 responsibility for conducting the sale, including functions
125+19 such as advising; advertising; pricing and displaying of
126+20 merchandise; selling; receiving and accounting for payments;
127+21 and recordkeeping.
128+22 "Goods" means chattels, movable goods, merchandise, or
129+23 personal property or commodities of any form or type that may
130+24 be lawfully kept or offered for sale.
131+25 "Interactive computer service" means any information
132+26 service, system, or access software provider that provides or
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177-1 Market Law;
178-2 (5) an auction conducted by an agent, officer, or
179-3 employee of a federal agency in the conduct of his or her
180-4 official duties; and
181-5 (6) an auction conducted by an agent, officer, or
182-6 employee of the State government or any political
183-7 subdivision thereof performing his or her official duties.
184-8 (b) Nothing in this Act shall be construed to apply to a
185-9 new or used vehicle dealer or a vehicle auctioneer licensed by
186-10 the Secretary of State of Illinois, or to any employee of the
187-11 licensee, who is a resident of the State of Illinois, while the
188-12 employee is acting in the regular scope of his or her
189-13 employment for the licensee while conducting an auction that
190-14 is not open to the public, provided that only new or used
191-15 vehicle dealers, rebuilders, automotive parts recyclers, or
192-16 scrap processors licensed by the Secretary of State or
193-17 licensed by another state or jurisdiction may buy property at
194-18 the auction, or to sales by or through the licensee.
195-19 Out-of-state salvage vehicle buyers licensed in another state
196-20 or jurisdiction may also buy property at the auction.
197-21 (c) Nothing in this Act shall be construed to prohibit a
198-22 person under the age of 18 from selling property under $250 in
199-23 value while under the direct supervision of a licensed
200-24 auctioneer.
201-25 (d) Nothing in this Act shall be construed to apply to a
202-26 person providing an Internet auction listing service as
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143+1 enables computer access by multiple users to a computer
144+2 server, including specifically a service or system that
145+3 provides access to the Internet.
146+4 "Internet auction listing service" means a website on the
147+5 Internet, or other interactive computer service, that is
148+6 designed to allow or advertise as a means of allowing users to
149+7 offer personal property or services for sale or lease to a
150+8 prospective buyer or lessee through an online bid submission
151+9 process using that website or interactive computer service and
152+10 that does not examine, set the price, prepare the description
153+11 of the personal property or service to be offered, or in any
154+12 way utilize the services of a natural person as an auctioneer.
155+13 "Internet auction listing service" does not include an online
156+14 auction.
157+15 "Licensee" means any person licensed under this Act.
158+16 "Managing auctioneer" means any person licensed as an
159+17 auctioneer who manages and supervises licensees.
160+18 "Online auction" means an auction or auction service
161+19 conducted by an auctioneer via a website on the Internet, an
162+20 application, an interactive computer service, or other similar
163+21 media, where the auctioneer examines, sets the price, or
164+22 prepares the description of the personal property or service
165+23 offered for sale.
166+24 "Person" means an individual, association, partnership,
167+25 corporation, or limited liability company or the officers,
168+26 directors, or employees of the same.
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213-1 defined in Section 5-10.
214-2 (e) Nothing in this Act shall be construed to apply to a
215-3 third-party reseller of personal property where owners or
216-4 representatives of an estate have transferred ownership of the
217-5 property to the reseller to be sold anonymously. A third-party
218-6 reseller may include, but is not limited to, a retail seller, a
219-7 consignment seller, or a distributor who does not conduct an
220-8 estate sale.
221-9 (f) Nothing in this Section shall be construed to apply to
222-10 any person as a receiver, trustee in bankruptcy, guardian,
223-11 administrator, or executor; any such person acting under an
224-12 order of any court, under the direction of any public
225-13 authority, or pursuant to any judicial decree; or any such
226-14 person acting pursuant to a trust agreement, deed of trust, or
227-15 will.
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
180+2 expiration date of a license issued under this Act.
181+3 "Real estate" means real estate as defined in Section 1-10
182+4 of the Real Estate License Act of 2000 or its successor Acts.
183+5 "Secretary" means the Secretary of Financial and
184+6 Professional Regulation or his or her designee.
185+7 (Source: P.A. 100-534, eff. 9-22-17; 101-345, eff. 8-9-19.)
186+8 (225 ILCS 407/10-1)
187+9 (Section scheduled to be repealed on January 1, 2030)
188+10 Sec. 10-1. Necessity of license; exemptions.
189+11 (a) It is unlawful for any person, corporation, limited
190+12 liability company, partnership, or other entity to conduct an
191+13 auction, online auction, or estate sale provide an auction
192+14 service or estate service, hold himself or herself out as an
193+15 auctioneer, or advertise his or her services as an auctioneer
194+16 in the State of Illinois without a license issued by the
195+17 Department under this Act, except at:
196+18 (1) an auction, online auction, or estate sale
197+19 conducted solely by or for a not-for-profit organization
198+20 for charitable purposes in which the individual receives
199+21 no compensation;
200+22 (2) an auction, online auction, or estate sale
201+23 conducted by the owner of the property, real or personal;
202+24 (3) an auction, online auction, or estate sale for the
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,
215+2 in accordance with the terms of that Act;
216+3 (4) an auction, online auction, or estate sale
217+4 conducted by a business registered as a market agency
218+5 under the federal Packers and Stockyards Act (7 U.S.C. 181
219+6 et seq.) or under the Livestock Auction Market Law;
220+7 (5) an auction, online auction, or estate sale
221+8 conducted by an agent, officer, or employee of a federal
222+9 agency in the conduct of his or her official duties; and
223+10 (6) an auction, online auction, or estate sale
224+11 conducted by an agent, officer, or employee of the State
225+12 government or any political subdivision thereof performing
226+13 his or her official duties.
227+14 (b) Nothing in this Act shall be construed to apply to a
228+15 new or used vehicle dealer or a vehicle auctioneer licensed by
229+16 the Secretary of State of Illinois, or to any employee of the
230+17 licensee, who is a resident of the State of Illinois, while the
231+18 employee is acting in the regular scope of his or her
232+19 employment for the licensee while conducting an auction that
233+20 is not open to the public, provided that only new or used
234+21 vehicle dealers, rebuilders, automotive parts recyclers, or
235+22 scrap processors licensed by the Secretary of State or
236+23 licensed by another state or jurisdiction may buy property at
237+24 the auction, or to sales by or through the licensee.
238+25 Out-of-state salvage vehicle buyers licensed in another state
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
251+2 person under the age of 18 from selling property under $250 in
252+3 value while under the direct supervision of a licensed
253+4 auctioneer.
254+5 (d) Nothing in this Act shall be construed to apply to a
255+6 person providing an Internet auction listing service as
256+7 defined in Section 5-10.
257+8 (e) Nothing in this Act shall be construed to apply to a
258+9 sale conducted by an individual of his or her own property if
259+10 the individual is not engaged in the business of selling such
260+11 property or the individual did not acquire such goods for
261+12 resale.
262+13 (f) Nothing in this Section shall be construed to apply to
263+14 any person as a receiver, trustee in bankruptcy, guardian,
264+15 administrator, or executor or any such person acting under
265+16 order of any court, nor shall this Section apply to a trustee
266+17 acting under a trust agreement, deed of trust, or will, or
267+18 sales at auction conducted by or under the direction of any
268+19 public authority or pursuant to any judicial order or decree.
269+20 (Source: P.A. 100-534, eff. 9-22-17.)
270+
271+
272+
273+
274+
275+ SB2351 - 7 - LRB104 05051 AAS 15079 b