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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Auction License Act is amended by 5 changing Section 10-1 as follows: 6 (225 ILCS 407/10-1) 7 (Section scheduled to be repealed on January 1, 2010) 8 Sec. 10-1.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.