Bill Text: IL HB5579 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5579 Detail]

Download: Illinois-2011-HB5579-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5579 Introduced , 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.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Auction License Act is amended by changing
Section 5-10 as follows:
(225 ILCS 407/5-10)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-10. Definitions. As used in this Act:
"Advertisement" means any written, oral, or electronic
communication that contains a promotion, inducement, or offer
to conduct an auction or offer to provide an auction service,
including, but not limited to, brochures, pamphlets, radio and
television scripts, telephone and direct mail solicitations,
electronic media, and other means of promotion.
"Advisory Board" or "Board" means the Auctioneer Advisory
Board.
"Associate auctioneer" means a person who conducts an
auction, but who is under the direct supervision of, and is
sponsored by, a licensed auctioneer or auction firm.
"Auction" means the sale or lease of property, real or
personal, by means of exchanges between an auctioneer and
prospective purchasers or lessees, which consists of a series
of invitations for offers made by the auctioneer and offers by

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

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

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