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91_HB3231
LRB9110651STsb
1 AN ACT to amend the Consignment of Art Act by changing
2 Section 1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consignment of Art Act is amended by
6 changing Section 1 as follows:
7 (815 ILCS 320/1) (from Ch. 121 1/2, par. 1401)
8 Sec. 1. As used in this Act, unless the context
9 otherwise requires:
10 (1) "Art dealer" means a person engaged in the business
11 of selling works of fine art, other than a person exclusively
12 engaged in the business of selling goods at public auction.
13 (2) "Artist" means the creator of a work of fine art or,
14 if such person is deceased, the creator's heir, legatee, or
15 personal representative.
16 (3) "On consignment" means that no title to, estate in,
17 or right to possession of the work of fine art superior to
18 that of the consignor shall vest in the consignee,
19 notwithstanding the consignee's power or authority to
20 transfer and convey all of the right, title, and interest of
21 the consignor in and to such work of fine art to a third
22 party.
23 (4) "Commission" means the fee, compensation, or
24 percentage of the actual selling price of a work of fine art
25 agreed upon by the artist and art dealer which the art dealer
26 may retain after the sale of the artist's work to a third
27 party.
28 (5) "Creditor" includes, but is not limited to, those
29 persons embraced by the definition of "creditor" in Section
30 1-201 of the "Uniform Commercial Code", approved July 31,
31 1961, as amended.
-2- LRB9110651STsb
1 (6) "Bona fide purchaser" means a person who in good
2 faith makes a purchase without notice of any outstanding
3 rights of others.
4 (7) "Work of fine art" means:
5 (a) A visual rendition including, but not limited to, a
6 painting, drawing, sculpture, mosaic, videotape, or
7 photograph.
8 (b) A work of calligraphy.
9 (c) A work of graphic art including, but not limited to,
10 an etching, lithograph, serigraph, or offset print.
11 (d) A craft work in materials including, but not limited
12 to, clay, textile, fiber, wood, metal, plastic, or glass.
13 (e) China painting or porcelain painting, which is the
14 overglaze decoration of china or porcelain.
15 (f) A work in mixed media including, but not limited to,
16 a collage, assemblage, or work consisting of any combination
17 of paragraphs (a) through (e) (d).
18 (Source: P.A. 84-683.)