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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1718 Introduced , by Rep. Jim Sacia SYNOPSIS AS INTRODUCED:
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Amends the Auction License Act. Removes language exempting new or used vehicle dealers from licensure requirements of the Act. Effective immediately.
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| | A BILL FOR |
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| | HB1718 | | LRB097 05393 CEL 45451 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Auction License Act is amended by changing |
| 5 | | Section 10-1 as follows:
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| 6 | | (225 ILCS 407/10-1)
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| 7 | | (Section scheduled to be repealed on January 1, 2020)
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| 8 | | Sec. 10-1. Necessity of license; exemptions.
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| 9 | | (a) It is unlawful for any
person, corporation,
limited |
| 10 | | liability company, partnership, or other entity to conduct an |
| 11 | | auction,
provide an auction
service, hold himself or herself |
| 12 | | out as an auctioneer, or advertise his or her
services as an |
| 13 | | auctioneer
in the State of Illinois without a license issued by |
| 14 | | the Department under this Act,
except at:
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| 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;
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| 18 | | (2) an auction conducted by the owner of the property, |
| 19 | | real or personal;
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| 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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| | HB1718 | - 2 - | LRB097 05393 CEL 45451 b |
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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;
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| 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
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| 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.
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| 11 | | (b) Nothing in this Act shall be construed to apply to a |
| 12 | | new or used
vehicle dealer
or a vehicle auctioneer licensed by |
| 13 | | the Secretary of State of Illinois, or
to any employee of the
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| 14 | | licensee, who is a resident of the State of Illinois,
while the |
| 15 | | employee is acting in the regular scope of his or her |
| 16 | | employment for
the licensee
while conducting an auction that is |
| 17 | | not open to the public, provided that
only new or used vehicle |
| 18 | | dealers,
rebuilders, automotive parts recyclers, or scrap |
| 19 | | processors licensed by the Secretary of State or licensed by
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| 20 | | another state or jurisdiction may buy property at the auction, |
| 21 | | or to sales by or
through the licensee. Out-of-state salvage |
| 22 | | vehicle buyers licensed in another state or jurisdiction may |
| 23 | | also buy property at the auction.
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| 24 | | (c) Nothing in this Act shall be construed to prohibit a |
| 25 | | person under the
age of 18 from selling property under $250 in |
| 26 | | value while under the direct
supervision of a licensed |
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| 1 | | auctioneer.
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| 2 | | (d) Nothing in this Act, except Section 10-27, shall be |
| 3 | | construed to
apply to a person while providing an Internet |
| 4 | | auction listing service as
defined
in Section 10-27.
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| 5 | | (Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730, |
| 6 | | eff. 8-25-09.)
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| 7 | | Section 99. Effective date. This Act takes effect upon |
| 8 | | becoming law.
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