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SB 2351

AN ACT to amend and reenact sections 15.1-12-02 and 15.1-12-05 of the North Dakota Century Code, relating to annexation of property to a school district; and to declare an emergency.

69th Legislative Assembly (2025-26) Introduced by Todd Beard

Reforms the Auction License Act to require DFPR licenses for online auctions and estate sales, defines key terms, and clarifies exemptions and who must comply.

Filed with Secretary Of State 04/16
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WeVote Research Nonpartisan
Bill Summary · SB 2351

SB 2351 — Summary (as enrolled / Public Act 104‑0145)

Note on title/document mismatch
- The bill header provided lists the title as “Marijuana; legalize.” The text and enrolled Public Act (Public Act 104‑0145) actually amend the Auction License Act (225 ILCS 407). This summary addresses the actual statutory changes in the enrolled bill / Public Act.

Main purpose

Amend the Auction License Act (Sections 5‑10 and 10‑1) to explicitly define and regulate online auctions and estate sales, clarify the scope of “Internet auction listing services,” and update who must be licensed or is exempt from licensing by the Department of Financial and Professional Regulation (DFPR).

Key provisions and changes

  • Adds new definitions to Section 5‑10:
    • “Estate sale” — liquidation sale of household/personal property owned by individuals, families, or an estate, advertised and scheduled for a set time and open to the public.
    • “Estate sale service” — performing auction-type functions for an estate sale (pricing, advertising, selling, receiving payments, recordkeeping). Excludes sale of real property.
    • “Online auction” — an auction or auction service where the auctioneer examines or sets price or prepares descriptions and conducts the sale via an internet site, app, interactive service, or similar media.
    • Clarifies that an “Internet auction listing service” (a passive marketplace that does not set price or prepare descriptions) does not include an “online auction.”
  • Amends Section 10‑1 (necessity of license; exemptions):
    • Makes it unlawful to conduct an auction, an online auction, or an estate sale, or to provide an auction or estate sale service in Illinois without a DFPR license (subject to specified exemptions).
    • Expands and clarifies exemptions: retains existing exemptions (charitable auctions without compensation, owner-conducted sales, real estate auctions by licensed real estate brokers, certain livestock/market auctions, federal/state actors), and adds or clarifies exemptions for:
    • Certain online auction and estate sale circumstances (text provides for specific conditional exemptions).
    • Individual sales of one’s own property (if not engaged in business or if goods were not acquired for resale).
    • Court-ordered sales and actions by receivers, trustees in bankruptcy, guardians, administrators, executors, trustees acting under trusts/deeds/wills, and sales by public authorities pursuant to judicial order.
    • Continues existing carve‑outs for vehicle dealers/vehicle auctioneers licensed by the Secretary of State and related limited purchasers at such sales.

Who is affected

  • Auctioneers, auction firms, auction schools, managing auctioneers.
  • Businesses providing estate sale services and companies conducting online auctions.
  • Online marketplaces and interactive computer services (distinguished between passive listing services and active online auctioneers).
  • Sellers and buyers participating in estate sales and online auctions.
  • Trustees, executors, receivers, courts and public authorities (as clarified exemptions).

Compliance and enforcement / timeline

  • The changes amend Sections 5‑10 and 10‑1 of the Auction License Act (sections scheduled for repeal on Jan 1, 2030 under the Act’s existing text).
  • Enrolled as Public Act 104‑0145; effective date listed in the enrolled/public act record: January 1, 2026.
  • DFPR (Division of Real Estate) will oversee licensing, enforcement, and interpretation of the new online/estate‑sale rules under the Auction License Act.

Potential impact

  • Brings many estate sale operators and active online auctioneers within DFPR licensing/regulatory scope, increasing compliance obligations (licensing, recordkeeping, consumer protections).
  • Passive listing platforms that only host listings and do not set prices or describe items remain excluded (as “Internet auction listing services”).
  • Clarifications reduce ambiguity about court-ordered sales, fiduciary sales, and private seller exemptions.

Legislative history / notes

  • Companion bill: HB 1768.
  • Enrolled as Public Act 104‑0145; effective Jan 1, 2026 (per the public act record). (The provided materials contain some inconsistent dates/status entries; this summary follows the enrolled/Public Act text and its effective date.)

Compiled from official sources — confirm details with the bill’s official record.

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