97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5579

 

Introduced 2/15/2012, by Rep. Kay Hatcher

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 407/5-10

    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.


LRB097 20460 CEL 65972 b

 

 

A BILL FOR

 

HB5579LRB097 20460 CEL 65972 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 5-10 as follows:
 
6    (225 ILCS 407/5-10)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 5-10. Definitions. As used in this Act:
9    "Advertisement" means any written, oral, or electronic
10communication that contains a promotion, inducement, or offer
11to conduct an auction or offer to provide an auction service,
12including, but not limited to, brochures, pamphlets, radio and
13television scripts, telephone and direct mail solicitations,
14electronic media, and other means of promotion.
15    "Advisory Board" or "Board" means the Auctioneer Advisory
16Board.
17    "Associate auctioneer" means a person who conducts an
18auction, but who is under the direct supervision of, and is
19sponsored by, a licensed auctioneer or auction firm.
20    "Auction" means the sale or lease of property, real or
21personal, by means of exchanges between an auctioneer and
22prospective purchasers or lessees, which consists of a series
23of invitations for offers made by the auctioneer and offers by

 

 

HB5579- 2 -LRB097 20460 CEL 65972 b

1prospective purchasers or lessees for the purpose of obtaining
2an acceptable offer for the sale or lease of the property,
3including the sale or lease of property via mail,
4telecommunications, or the Internet. "Auction" includes an
5estate sale. "Auction" does not include a garage sale or yard
6sale on an individual's premises.
7    "Auction contract" means a written agreement between an
8auctioneer or auction firm and a seller or sellers.
9    "Auction firm" means any corporation, partnership, or
10limited liability company that acts as an auctioneer and
11provides an auction service, including an estate sale.
12    "Auction school" means any educational institution, public
13or private, which offers a curriculum of auctioneer education
14and training approved by the Department.
15    "Auction service" means the service of arranging,
16managing, advertising, or conducting auctions.
17    "Auctioneer" means a person or entity who, for another, for
18a fee, compensation, commission, or any other valuable
19consideration at auction or with the intention or expectation
20of receiving valuable consideration by the means of or process
21of an auction or sale at auction or providing an auction
22service, offers, negotiates, or attempts to negotiate an
23auction contract, sale, purchase, or exchange of goods,
24chattels, merchandise, personal property, real property, or
25any commodity that may be lawfully kept or offered for sale by
26or at auction.

 

 

HB5579- 3 -LRB097 20460 CEL 65972 b

1    "Address of Record" means the designated address recorded
2by the Department in the applicant's or licensee's application
3file or license file maintained by the Department. It is the
4duty of the applicant or licensee to inform the Department of
5any change of address, and such changes must be made either
6through the Department's website or by directly contacting the
7Department.
8    "Buyer premium" means any fee or compensation paid by the
9successful purchaser of property sold or leased at or by
10auction, to the auctioneer, auction firms, seller, lessor, or
11other party to the transaction, other than the purchase price.
12    "Department" means the Department of Financial and
13Professional Regulation.
14    "Goods" means chattels, movable goods, merchandise, or
15personal property or commodities of any form or type that may
16be lawfully kept or offered for sale.
17    "Licensee" means any person licensed under this Act.
18    "Managing auctioneer" means any person licensed as an
19auctioneer who manages and supervises licensees sponsored by an
20auction firm or auctioneer.
21    "Person" means an individual, association, partnership,
22corporation, or limited liability company or the officers,
23directors, or employees of the same.
24    "Pre-renewal period" means the 24 months prior to the
25expiration date of a license issued under this Act.
26    "Secretary" means the Secretary of the Department of

 

 

HB5579- 4 -LRB097 20460 CEL 65972 b

1Financial and Professional Regulation or his or her designee.
2    "Sponsoring auctioneer" means the auctioneer or auction
3firm who has issued a sponsor card to a licensed auctioneer.
4    "Sponsor card" means the temporary permit issued by the
5sponsoring auctioneer certifying that the licensee named
6thereon is employed by or associated with the sponsoring
7auctioneer and the sponsoring auctioneer shall be responsible
8for the actions of the sponsored licensee.
9(Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)