HB 193 (BR 341) - Ji. Lee, D. Ford, D. Butler, D. Horlander, H. Moberly Jr., L. Napier, D. Pasley, J. Richards, S. Riggs
AN ACT relating to auctioneers.
Amend KRS 330.010 to name the chapter; amend KRS 330.020 to add definitions of "auction," "personal property," "real property," and "sealed bid auction"; amend KRS 330.030 to prohibit auctioneers, limited livestock auctioneers, and auction house operators from advertising as or acting in those capacities without a license issued by the board; amend KRS 330.040 to exempt political parties, churches, and charitable organizations from licensure when conducting auctions where all real or personal property is donated and 100 percent of the proceeds go back to the organization; exempt supervised students from licensure requirements; amend KRS 330.050 to prohibit more than two members of the same political party from serving concurrently on the board; authorize the board to establish and collect fees for the administration and enforcement of this chapter; require the board to maintain an annual list of licensees; establish criteria requiring removal of a board member from the board; amend KRS 330.060 to establish age and education qualifications for applicants for licensure; permit the board to waive the high school diploma or equivalent for an apprentice, licensed prior to 1985, applying for an auctioneer license; require applicants to complete 80 hours of board-approved auction education before applying for an apprentice auctioneer license; permit the board to waive the 80 requirement if the applicant demonstrates sufficient previous auction experience and competency by affidavit; require that applications for the examination be submitted on board-prepared forms; require applicants to remit an examination fee; require applicants to apply for initial licensure within 45 days of passing the exam; require licensee to retake the examination if license is not renewed within six months of expiration; require nonresident applicants to file an irrevocable consent that actions may be commenced against the applicant in any court of competent jurisdiction in Kentucky; amend KRS 330.070 to establish requirements for an apprentice auctioneer applying for an auctioneer license; require that effective June 30, 2010, apprentice auctioneers must apply for an auctioneer license within five years of receiving an apprentice license; increase the cap on the initial license fee and annual renewal license fee from $100 to $300; require that a license be renewed on or before its expiration date; require payment of a late fee for licenses renewed after the expiration date; permit a licensee to remit a fee to defer the continuing education required to renew to the next annual renewal; direct the licensee to retake the examination if the continuing education requirement is not met by the next annual renewal; permit the board to require licensees to complete a six hour core course every four years; require the board to issue each licensee a pocket license; require an apprentice auctioneer to affiliate with a new principal auctioneer within 30 days of being discharged or voluntarily terminating employment with a principal auctioneer; require a licensee to remit a reactivation fee and the annual renewal recovery fee to reactivate a license in escrow; authorize the board to fine, suspend, or revoke a licensee for failure to notify the board of a change of address within ten days; authorize the board to collect a fee for changing an address on its records; amend KRS 330.095 to establish requirements for reciprocity; establish initial reciprocal fee and renewal reciprocal fee; exempt a reciprocal licensee from reporting continuing education if licensed in a jurisdiction that has a continuing education requirement; require a reciprocal licensee to report continuing education if licensed in a jurisdiction that does not have continuing education requirement; authorize the board to impose disciplinary actions on a reciprocal licensee; amend KRS 330.100 to exempt a nonresident Kentucky licensee from maintaining a place of business in Kentucky if a place of business is maintained in the nonresident's home state; direct an auction house operator to include license number on signs; exempt directional signs; require that all claims or disputes of auctions in Kentucky be adjudicated in the courts of this Commonwealth; create a new section of KRS Chapter 330 to establish advertising requirements; direct any auction advertisements to include the name of the managing principal auctioneer responsible for the auction or the licensed auction house operator; require the clear disclosure of any buyer's premium prior to the start of any auction; establish advertising requirements for court ordered, bankruptcy, seized, confiscated, or forfeiture property auctions,
liquidation, surplus, inventory, or going out of business, estate, and living estate auctions; amend KRS 330.110 to increase the maximum fine for violating any provisions of this chapter from $500 to $2,000, the maximum term for a license suspension from four to five years, and the maximum period for probation from three to five years; add as a violation of this chapter entering a guilty or similar plea or being convicted of a felony, failure to enter into a binding written listing contract prior to advertising an auction, failure to provide a receipt to all persons consigning property for auction, failure to establish and maintain for five years records of auction transactions, and failure to present auction related information upon request by the board; amend KRS 330.180 to require the board to allow public inspection of records pursuant to the Kentucky Open Records Act; amend KRS 330.192 relating to the auctioneer's education, research, and recovery fund to permit the board to assess a renewal recovery fee established by administrative regulation; require the board to assess each applicant an initial recovery fee; require that all claims for monetary damages be made within 12 months of the act giving rise to the loss; amend KRS 330.220 to require that lots or parcels of real or personal property be offered subject to a separate sale at auction; establish provisions for completing an auction; permit an auctioneer to withdraw real or personal property at any time until completion of a sale at an auction with reserve; forbid an auctioneer from withdrawing an article, lot, or parcel from an absolute auction unless no bid is made within a reasonable time; establish prohibitions and exceptions for minimum starting bids at both absolute and reserve auctions; amend KRS 330.990 to define penalties; permit the board to seek injunctive relief; amend KRS 330.115, 330.120, 330.130, 330.170, 330.190 to make technical changes and to conform; repeal KRS 330.033, 330.035, 330.090.
HB 193 - AMENDMENTS
HCS - Retain original provisions; remove waiver of immunity clause regarding board's authority to purchase or not purchase insurance; specify that the board-approved core course includes core subjects of Kentucky auction statutes and regulations, and ethics; exempt any auction sale of horses or any auctioneer participating in an auction sale of horses from certain advertising requirements, cause justifying disciplinary action, or provisions regulating absolute and reserve auctions; make technical corrections.
HFA (1, D. Ford) - Make technical correction.
HFA (2, K. Bratcher) - Retain original provisions except permit the board to waive the high school diploma requirement for a licensee licensed prior to 1985; require an applicant for an auctioneer license to complete 80 hours of approved classroom instruction; remove requirements for an apprentice applying for an auctioneer license, including possessing a current apprentice license, serving a two-year apprenticeship, and participating in at least ten auctions during the years prior to application; remove requirement that an apprentice auctioneer apply for an auctioneer license within 5 years of being issued an apprentice license.
SCS - Retain original provisions except reduce the maximum limit for an initial license fee and annual renewal license fee from $300 to $150; make appeals and requests for injunctions to the Circuit Court of the county in which the alleged violation occurred.
SFA (1, V. McGaha) - Retain original provisions; amend Section 4 to exempt from licensure persons who acquire real or personal property by consignment or purchase for the purpose of conducting an Internet auction.
SFA (2, D. Seum) - Retain original provisions except replace references to an applicant's residency with references to the state that issued an applicant's license as the basis for reciprocity.
Feb 3-introduced in House
Feb 4-to Licensing & Occupations (H)
Feb 13-posted in committee
Feb 25-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 26-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
Feb 27-posted for passage in the Regular Orders of the Day for Monday, March 2, 2009; floor amendment (2) filed to Committee Substitute
Mar 3-3rd reading; floor amendment (2) defeated ; passed 98-1 with Committee Substitute, floor amendment (1)
Mar 4-received in Senate
Mar 6-to Licensing, Occupations & Administrative Regulations (S)
Mar 9-taken from committee; 1st reading; returned to Licensing, Occupations & Administrative Regulations (S)
Mar 10-reported favorably, 2nd reading, to Rules with Committee Substitute
Mar 12-floor amendments (1) and (2) filed to Committee Substitute
Mar 13-floor amendment (1) withdrawn ; posted for passage in the Consent Orders of the Day for Friday, March 13, 2009; 3rd reading; floor amendments (1) and (2) withdrawn ; passed 38-0 with Committee Substitute ; received in House; posted for passage for concurrence in Senate Committee Substitute ; House concurred in Senate Committee Substitute ; passed 89-1; enrolled, signed by each presiding officer; delivered to Governor
Mar 24-signed by Governor (Act ch. 70)