SB3498sam001 104TH GENERAL ASSEMBLY

Sen. Suzy Glowiak Hilton

Filed: 4/21/2026

10400SB3498sam001 LRB104 18513 CCC 36124 a

AMENDMENT TO SENATE BILL 3498

AMENDMENT NO. ______. Amend Senate Bill 3498 by replacing everything after the enacting clause with the following:

"Section 5. The Auction License Act is amended by changing Sections 5-10 and 10-1 and by adding Section 10-21 as follows:

(225 ILCS 407/5-10)

(Section scheduled to be repealed on January 1, 2030)

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, Internet online, and other means of promotion.

"Advisory Board" or "Board" means the Auctioneer Advisory Board.

"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 or bids for offers made by the auctioneer to prospective purchasers or lessees for the purpose of obtaining an acceptable offer for the sale or lease of property via mail, telecommunications, or the Internet online.

"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.

"Auction school" means any educational institution, public or private, that offers a curriculum of auctioneer education and training approved by the Department.

"Auction service" means the service of arranging, managing, advertising, or conducting auctions online or in person.

"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.

"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.

"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.

"Division" means the Division of Real Estate within the Department.

"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file maintained by the Department's licensure maintenance unit.

"Estate sale" means a sale for liquidation of personal property of an estate owned by one or more individuals, families, or legal representatives of the estate that is advertised and scheduled for a predetermined amount of time and to which the public is invited to participate online or in person in a negotiation or bid for the purchase of the personal property at posted or fixed prices subject to possible negotiation or discount. "Estate sale" does not include the sale of real property.

"Estate sale service" means the performance of an estate sale auction service for the owners of personal property to be sold at an estate sale, where a registered person or a licensed an auctioneer assumes undertakes the responsibility of arranging, managing, advertising, or conducting the estate sale in exchange for a fee or compensation. "Estate sale service" does not include the sale of real property.

"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.

"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet.

"Internet auction listing service" means a website on the Internet, or other interactive computer service, that is designed to allow or advertise as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an online bid submission process using that website or interactive computer service and that does not examine, set the price, prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer.

"Licensee" means any person licensed under this Act.

"Managing auctioneer" means any person licensed as an auctioneer who manages and supervises licensees.

"Online auction" means an auction or auction service conducted by an auctioneer via a website on the Internet, an application, an interactive computer service, or other similar media.

"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.

"Real estate" means real estate as defined in Section 1-10 of the Real Estate License Act of 2000 or its successor Acts.

"Secretary" means the Secretary of Financial and Professional Regulation or his or her designee.

(Source: P.A. 104-145, eff. 1-1-26.)

(225 ILCS 407/10-1)

(Section scheduled to be repealed on January 1, 2030)

Sec. 10-1. Necessity of license; exemptions.

(a) It is unlawful for any person, corporation, limited liability company, partnership, or other entity to conduct an auction, provide an auction service, hold himself or herself out as an auctioneer, or advertise his or her services as an auctioneer in the State of Illinois without a license issued by the Department under this Act, except at:

(1) an auction conducted solely by or for a not-for-profit organization for charitable purposes in which the individual receives no compensation;

(2) an auction conducted by the owner of the property, real or personal;

(3) an auction for the sale or lease of real property conducted by a licensee under the Real Estate License Act, or its successor Acts, in accordance with the terms of that Act;

(4) an auction conducted by a business registered as a market agency under the federal Packers and Stockyards Act (7 U.S.C. 181 et seq.) or under the Livestock Auction Market Law;

(5) an auction conducted by an agent, officer, or employee of a federal agency in the conduct of his or her official duties; and

(6) an auction conducted by an agent, officer, or employee of the State government or any political subdivision thereof performing his or her official duties.

(b) Nothing in this Act shall be construed to apply to a new or used vehicle dealer or a vehicle auctioneer licensed by the Secretary of State of Illinois, or to any employee of the licensee, who is a resident of the State of Illinois, while the employee is acting in the regular scope of his or her employment for the licensee while conducting an auction that is not open to the public, provided that only new or used vehicle dealers, rebuilders, automotive parts recyclers, or scrap processors licensed by the Secretary of State or licensed by another state or jurisdiction may buy property at the auction, or to sales by or through the licensee. Out-of-state salvage vehicle buyers licensed in another state or jurisdiction may also buy property at the auction.

(c) Nothing in this Act shall be construed to prohibit a person under the age of 18 from selling property under $250 in value while under the direct supervision of a licensed auctioneer.

(d) Nothing in this Act shall be construed to apply to a person providing an Internet auction listing service as defined in Section 5-10.

(e) Nothing in this 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. 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.

(f) Nothing in this Section 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.

(Source: P.A. 104-145, eff. 1-1-26.)

(225 ILCS 407/10-21 new)

Sec. 10-21. Estate sale services.

(a) On or after the effective date of this amendatory Act of the 104th General Assembly, a person, individual, or entity who conducts estate sales for another and for compensation shall register with the Department as a business that provides estate sale services in Illinois.

(b) A business seeking to be registered under this Section shall apply in a format as determined by the Department and submit the same required fee as auctioneers or auction firms, whichever is applicable. The registrant applicant shall also submit any other information as required by the Department.

(c) Registrants who conduct estate sales are prohibited from performing auctions or auction services and shall only perform estate sale services. Conversely, auctioneers or auction firms who are licensed under this Act may conduct estate sales without registering with the Department pursuant to this Section.

(d) Licensees who, before the effective date of this amendatory Act of the 104th General Assembly, only conduct estate sales and not auctions as part of their business are required to apply and register with the Department but are not required to pay the fee to register.

(e) If, after registering as an estate sale business, a registrant seeks to obtain an auctioneer or auction firm license, the registrant shall complete all applicable requirements for licensure under this Act and its rules as if they were a new applicant.

(f) Registrants are subject to the same confidentiality, investigation, notice, hearing, disciplinary, and Board proceedings as licensees or unlicensed persons under this Act. Business practice provisions, compliance requirements, and renewal terms of registrants shall be established by rule.

(g) The Department may take disciplinary or nondisciplinary action against a registrant for a potential violation under this Act that is attributable to a licensee or unlicensed person as long as it is also applicable to providing an estate sale service or a registrant's business practice. The Department may also investigate and take disciplinary or nondisciplinary action against any person performing estate sale services who is not registered pursuant to this Section.

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