SB3574sam001 97TH GENERAL ASSEMBLY

Sen. John M. Sullivan

Filed: 3/2/2012

09700SB3574sam001 LRB097 20210 CEL 67010 a

AMENDMENT TO SENATE BILL 3574

AMENDMENT NO. ______. Amend Senate Bill 3574 by replacing everything after the enacting clause with the following:

"Section 5. The Auction License Act is amended by adding Section 10-3 as follows:

(225 ILCS 407/10-3 new)

Sec. 10-3. Real estate auctioneer certification.

(a) A licensee under this Act may also apply to the Department for a real estate auctioneer certification. To obtain a real estate auctioneer certification, a licensee shall (i) hold a valid auctioneer license, (ii) successfully complete a State-approved course of study of at least 30 hours, and (iii) pass an exam. A licensee under the Real Estate License Act of 2000 shall not have to obtain an auction license or certification to conduct a real estate auction.

(b) A person who is licensed under this Act and holds a real estate auctioneer certification may (i) engage in limited activities of an auction for the sale of real estate, (ii) specifically establish the time, place, and method of the auction, (iii) advertise the auction, and (iv) conduct the auction.

(c) All other brokerage activities related to the auction of real property shall be performed by a licensee under the Real Estate License Act of 2000, unless the activities are otherwise exempt from the Real Estate License Act of 2000.

(d) A managing broker and auctioneer may pay compensation to an auctioneer participating in a real estate auction.

(e) An auctioneer who violates this Section may be considered engaging in the unlicensed practice of real estate, and a licensee under the Real Estate License Act of 2000 who enabled, aided, or abetted an auctioneer in conducting an auction without meeting the requirements of this Section shall be in violation of this Act.

Section 99. Effective date. This Act takes effect upon becoming law.".