SB2351 - 104th General Assembly (2025-2026)
ONLINE AUCTION AND ESTATE SALE
Last Action
8/01/2025 - Senate: Public Act . . . . . . . . . 104-0145
Statutes Amended In Order of Appearance
Synopsis As Introduced
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.
Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes the definitions of "estate sale", "estate sale service", and "online auction." Removes online auction or estate sale from provisions concerning the necessity of license. Provides that nothing in the Act shall be construed to apply to a third-party reseller of personal property where owners or representatives of an estate have transferred ownership of the property to the reseller to be sold anonymously. Provides that a third-party reseller may include, but is not limited to, a retail seller, a consignment seller, or a distributor who does not conduct an estate sale. 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; any such person acting under an order of any court, under the direction of any public authority, or pursuant to any judicial decree; or any such person acting pursuant to a trust agreement, deed of trust, or will.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/07/2025 | Senate | Filed with Secretary by Sen. Michael W. Halpin |
| 2/07/2025 | Senate | First Reading |
| 2/07/2025 | Senate | Referred to Assignments |
| 3/04/2025 | Senate | Assigned to Judiciary |
| 3/11/2025 | Senate | Senate Committee Amendment No. 1 Filed with Secretary by Sen. Michael W. Halpin |
| 3/11/2025 | Senate | Senate Committee Amendment No. 1 Referred to Assignments |
| 3/18/2025 | Senate | Senate Committee Amendment No. 1 Assignments Refers to Judiciary |
| 3/19/2025 | Senate | Senate Committee Amendment No. 1 Adopted |
| 3/19/2025 | Senate | Do Pass as Amended Judiciary; 009-000-000 |
| 3/19/2025 | Senate | Placed on Calendar Order of 2nd Reading March 20, 2025 |
| 3/20/2025 | Senate | Second Reading |
| 3/20/2025 | Senate | Placed on Calendar Order of 3rd Reading April 1, 2025 |
| 4/04/2025 | Senate | Placed on Calendar Order of 3rd Reading ** |
| 4/09/2025 | Senate | Placed on Calendar Order of 3rd Reading |
| 4/09/2025 | Senate | Third Reading - Passed; 056-000-000 |
| 4/09/2025 | House | Arrived in House |
| 4/09/2025 | House | Chief House Sponsor Rep. Dan Swanson |
| 4/09/2025 | House | First Reading |
| 4/09/2025 | House | Referred to Rules Committee |
| 4/17/2025 | House | Assigned to Judiciary - Civil Committee |
| 4/23/2025 | House | Do Pass / Short Debate Judiciary - Civil Committee; 017-000-000 |
| 4/23/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 5/14/2025 | House | Second Reading - Short Debate |
| 5/14/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 5/22/2025 | House | Third Reading - Short Debate - Passed 113-000-000 |
| 5/22/2025 | Senate | Passed Both Houses |
| 6/20/2025 | Senate | Sent to the Governor |
| 8/01/2025 | Senate | Governor Approved |
| 8/01/2025 | Senate | Effective Date January 1, 2026 |
| 8/01/2025 | Senate | Public Act . . . . . . . . . 104-0145 |