State of Illinois
92nd General Assembly
Legislation

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92_HB5803

 
                                               LRB9215552OBsb

 1        AN ACT relating to auctions.

 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
 5    changing Section 10-1 as follows:

 6        (225 ILCS 407/10-1)
 7        (Section scheduled to be repealed on January 1, 2010)
 8        Sec. 10-1.  Necessity of license; exemptions.
 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
14    by OBRE under this Act, except at:
15             (1)  an   auction  conducted  solely  by  or  for  a
16        not-for-profit organization for charitable purposes;
17             (2)  an  auction  conducted  by  the  owner  of  the
18        property, real or personal;
19             (3)  an auction  for  the  sale  or  lease  of  real
20        property  conducted  by  a licensee under the Real Estate
21        License Act, or its successor Acts,  in  accordance  with
22        the terms of that Act; and
23             (4)  an  auction  conducted by a business registered
24        as  a  market  agency  under  the  federal  Packers   and
25        Stockyards  Act  (7  U.S.C.  181  et  seq.)  or under the
26        Livestock Auction Market Law.
27        (b)  Nothing in this Act shall be construed to apply to a
28    vehicle  dealer  licensed  by  the  Secretary  of  State   of
29    Illinois,  or  to  any  employee  of  the  licensee, who is a
30    resident of the State of  Illinois,  while  the  employee  is
31    acting  in the regular scope of his or her employment for the
 
                            -2-                LRB9215552OBsb
 1    licensee, or to sales by or through the licensee.
 2        (b-5)  Nothing in this Act shall be construed to apply to
 3    a vehicle auctioneer licensed by the Secretary of  State,  or
 4    to  any employee of the licensee while the employee is acting
 5    in the regular  scope  of  his  or  her  employment  for  the
 6    licensee,  or  to the auction firm engaged in the business of
 7    auctioning vehicles.
 8        (c)  Nothing in this Act shall be construed to prohibit a
 9    person under the age of 18 from selling property  under  $250
10    in  value  while  under  the direct supervision of a licensed
11    auctioneer.
12    (Source: P.A. 91-603, eff. 1-1-00.)

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

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