97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1718

 

Introduced , by Rep. Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
225 ILCS 407/10-1

    Amends the Auction License Act. Removes language exempting new or used vehicle dealers from licensure requirements of the Act. Effective immediately.


LRB097 05393 CEL 45451 b

 

 

A BILL FOR

 

HB1718LRB097 05393 CEL 45451 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 10-1 as follows:
 
6    (225 ILCS 407/10-1)
7    (Section scheduled to be repealed on January 1, 2020)
8    Sec. 10-1. Necessity of license; exemptions.
9    (a) It is unlawful for any person, corporation, limited
10liability company, partnership, or other entity to conduct an
11auction, provide an auction service, hold himself or herself
12out as an auctioneer, or advertise his or her services as an
13auctioneer in the State of Illinois without a license issued by
14the Department under this Act, except at:
15        (1) an auction conducted solely by or for a
16    not-for-profit organization for charitable purposes in
17    which the individual receives no compensation;
18        (2) an auction conducted by the owner of the property,
19    real or personal;
20        (3) an auction for the sale or lease of real property
21    conducted by a licensee under the Real Estate License Act,
22    or its successor Acts, in accordance with the terms of that
23    Act;

 

 

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1        (4) an auction conducted by a business registered as a
2    market agency under the federal Packers and Stockyards Act
3    (7 U.S.C. 181 et seq.) or under the Livestock Auction
4    Market Law;
5        (5) an auction conducted by an agent, officer, or
6    employee of a federal agency in the conduct of his or her
7    official duties; and
8        (6) an auction conducted by an agent, officer, or
9    employee of the State government or any political
10    subdivision thereof performing his or her official duties.
11    (b) Nothing in this Act shall be construed to apply to a
12new or used vehicle dealer or a vehicle auctioneer licensed by
13the Secretary of State of Illinois, or to any employee of the
14licensee, who is a resident of the State of Illinois, while the
15employee is acting in the regular scope of his or her
16employment for the licensee while conducting an auction that is
17not open to the public, provided that only new or used vehicle
18dealers, rebuilders, automotive parts recyclers, or scrap
19processors licensed by the Secretary of State or licensed by
20another state or jurisdiction may buy property at the auction,
21or to sales by or through the licensee. Out-of-state salvage
22vehicle buyers licensed in another state or jurisdiction may
23also buy property at the auction.
24    (c) Nothing in this Act shall be construed to prohibit a
25person under the age of 18 from selling property under $250 in
26value while under the direct supervision of a licensed

 

 

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1auctioneer.
2    (d) Nothing in this Act, except Section 10-27, shall be
3construed to apply to a person while providing an Internet
4auction listing service as defined in Section 10-27.
5(Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730,
6eff. 8-25-09.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.