Full Text of HB5579 97th General Assembly
HB5579 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5579 Introduced 2/15/2012, by Rep. Kay Hatcher SYNOPSIS AS INTRODUCED: |
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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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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Auction License Act is amended by changing | 5 | | Section 5-10 as follows:
| 6 | | (225 ILCS 407/5-10)
| 7 | | (Section scheduled to be repealed on January 1, 2020)
| 8 | | Sec. 5-10. Definitions. As used in this Act:
| 9 | | "Advertisement" means any written, oral, or electronic | 10 | | communication that
contains a promotion, inducement, or offer | 11 | | to conduct an auction or offer to
provide an auction service, | 12 | | including , but not limited to , brochures, pamphlets,
radio and | 13 | | television scripts, telephone and direct mail solicitations,
| 14 | | electronic media, and other means of promotion.
| 15 | | "Advisory Board" or "Board" means the Auctioneer Advisory | 16 | | Board.
| 17 | | "Associate auctioneer" means a person who conducts an | 18 | | auction, but who is
under the direct supervision of, and is | 19 | | sponsored by, a licensed auctioneer
or auction firm.
| 20 | | "Auction" means the sale or lease of property, real or | 21 | | personal, by means
of exchanges between an auctioneer and | 22 | | prospective
purchasers or lessees, which consists of a series | 23 | | of invitations for offers
made by the auctioneer and offers by |
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| 1 | | prospective
purchasers or lessees for the purpose of obtaining | 2 | | an acceptable offer for
the sale or lease of the property, | 3 | | including the sale or lease of property
via mail, | 4 | | telecommunications, or the Internet. "Auction" includes an | 5 | | estate sale. "Auction" does not include a garage sale or yard | 6 | | sale on an individual's premises.
| 7 | | "Auction contract" means a written agreement between an | 8 | | auctioneer or auction firm and a seller or sellers.
| 9 | | "Auction firm" means any corporation, partnership, or | 10 | | limited liability
company that acts as an auctioneer and | 11 | | provides an auction service , including an estate sale .
| 12 | | "Auction school" means any educational institution, public | 13 | | or private,
which offers a curriculum of auctioneer education | 14 | | and training approved
by the Department.
| 15 | | "Auction service" means the service of arranging, | 16 | | managing, advertising,
or conducting auctions.
| 17 | | "Auctioneer" means a person or entity who, for another, for | 18 | | a fee,
compensation, commission, or any other valuable | 19 | | consideration at auction or
with the intention or expectation | 20 | | of receiving valuable consideration by the
means of or process | 21 | | of an auction or sale at auction or providing an auction
| 22 | | service, offers, negotiates, or attempts to negotiate an | 23 | | auction contract,
sale, purchase, or exchange of goods, | 24 | | chattels, merchandise, personal property,
real property, or | 25 | | any commodity that may be lawfully kept or offered for sale
by | 26 | | or at auction.
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| 1 | | "Address of Record" means the designated address recorded | 2 | | by the Department in the applicant's or licensee's application | 3 | | file or license file maintained by the Department. It is the | 4 | | duty of the applicant or licensee to inform the Department of | 5 | | any change of address, and such changes must be made either | 6 | | through the Department's website or by directly contacting the | 7 | | Department. | 8 | | "Buyer premium" means any fee or compensation paid by the | 9 | | successful purchaser of property sold or leased at or by | 10 | | auction, to the auctioneer, auction firms, seller, lessor, or | 11 | | other party to the transaction, other than the purchase price. | 12 | | "Department" means the Department of Financial and | 13 | | Professional Regulation.
| 14 | | "Goods" means chattels, movable goods, merchandise, or | 15 | | personal property or
commodities of any form or type that may | 16 | | be lawfully kept or offered for sale.
| 17 | | "Licensee" means any person licensed under this Act.
| 18 | | "Managing auctioneer" means any person licensed as an | 19 | | auctioneer who manages
and supervises licensees sponsored by an | 20 | | auction firm or auctioneer.
| 21 | | "Person" means an individual, association, partnership, | 22 | | corporation, or
limited liability company or the officers, | 23 | | directors, or employees of the same.
| 24 | | "Pre-renewal period" means the 24 months prior to the | 25 | | expiration date of a
license issued under this Act.
| 26 | | "Secretary" means the Secretary of the Department of |
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| 1 | | Financial and Professional Regulation or his or her designee.
| 2 | | "Sponsoring auctioneer" means the auctioneer or auction | 3 | | firm who has issued a
sponsor card to a licensed auctioneer.
| 4 | | "Sponsor card" means the temporary permit issued by the
| 5 | | sponsoring auctioneer certifying that the licensee named | 6 | | thereon is employed
by or associated with the sponsoring | 7 | | auctioneer and the sponsoring auctioneer
shall be responsible | 8 | | for the actions of the sponsored licensee.
| 9 | | (Source: P.A. 95-572, eff. 6-1-08; 96-730, eff. 8-25-09.)
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