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S1462.......................................by COMMERCE AND HUMAN RESOURCES AUCTIONEERS - Adds to existing law to provide for licensure of auctioneers. 02/13 Senate intro - 1st rdg - to printing 02/16 Rpt prt - to Com/HuRes
S1462|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1462 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO AUCTIONEER LICENSES AND THE BUREAU OF OCCUPATIONAL LICENSES; 3 AMENDING TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 13, TITLE 4 54, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO REQUIRE 5 LICENSURE OF AUCTIONEERS, TO PROVIDE LIMITATIONS ON POLITICAL SUBDIVI- 6 SIONS, TO PROVIDE AN APPLICATION FOR LICENSURE, TO PROVIDE FOR CERTIFI- 7 CATES OF LICENSURE, TO PROVIDE FOR REVOCATION OR SUSPENSION OF A LICENSE, 8 TO PROVIDE FOR REINSTATEMENT OF A LICENSE, TO PROVIDE FOR PUBLIC INFORMA- 9 TION ON LICENSURE, TO PROVIDE FOR PENALTIES, TO PROVIDE FOR AN 10 AUCTIONEER'S LICENSURE FUND, TO PROVIDE A BOARD OF AUCTIONEERS AND TO PRO- 11 VIDE SEVERABILITY; PROVIDING AN EFFECTIVE DATE AND APPLICATION. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended 14 by the addition thereto of a NEW CHAPTER , to be known and desig- 15 nated as Chapter 13, Title 54, Idaho Code, and to read as follows: 16 CHAPTER 13 17 AUCTIONEER LICENSE 18 54-1301. SHORT TITLE. The provisions of this chapter may be known and 19 cited as the "Idaho Auctioneer's License Act." 20 54-1302. DEFINITIONS. As used in this chapter: 21 (1) "Apprentice auctioneer" means any person who for compensation or 22 valuable consideration or otherwise is employed, directly or indirectly, by an 23 auctioneer to deal or engage in any activity listed in subsection (3) of this 24 section. The terms "auctioneer" or "apprentice auctioneer" or "auction busi- 25 ness" or "business of auctioneering" shall not apply to and shall not include 26 any person acting as a receiver, trustee in bankruptcy, guardian, administra- 27 tor or executor or any such person acting under order of any court, nor shall 28 they include a trustee acting under a trust agreement, deed of trust or will, 29 nor shall they include sales at auction conducted by or under the direction of 30 any public authority or pursuant to any judicial order or decree. 31 (2) "Auction business" or "business of auctioneering" means the perform- 32 ing of any of the acts of an auctioneer or apprentice auctioneer as defined in 33 this section. 34 (3) "Auctioneer" means any person who has graduated from an accredited 35 auction school and has two (2) years' experience as an apprentice auctioneer 36 in bid calling for a fee, commission or any other valuable consideration, or 37 with the intention or expectation of receiving the same, by the means of or 38 process of an auction or sale at auction, offers, negotiates or attempts to 39 negotiate a listing contract, sale, purchase or exchange of goods, chattels, 40 merchandise, real or personal property or any other commodity which may law- 41 fully be kept or offered for sale at public auction. 2 1 (4) "Bureau" means the bureau of occupational licenses as authorized in 2 chapter 26, title 67, Idaho Code. 3 (5) "Goods" means any chattels, merchandise, real or personal property or 4 commodities of any form or type which may lawfully be kept or offered for 5 sale. 6 (6) "Person" includes any individual, firm, partnership, corporation, 7 association, organization or entity, public or private. 8 (7) "Year" means the fiscal year ending December 31 each year. 9 54-1303. REGISTRATION REQUIRED. It shall be unlawful for any person to 10 engage in the business of, or act as, an auctioneer or apprentice auctioneer 11 within this state without registering for a license and validly maintaining 12 the license as required in this chapter, unless such person only performs 13 labor or services for wages or salary for a registered licensed auctioneer. It 14 shall also be unlawful for an auctioneer to engage any person as an auctioneer 15 who is required by this chapter to be registered as an auctioneer unless said 16 auctioneer furnishes satisfactory proof to the auctioneer that he is duly reg- 17 istered under the terms of this chapter. 18 54-1304. LIMITATIONS ON AUTHORITY OF POLITICAL SUBDIVISIONS. No county, 19 municipality or duly constituted local taxing district shall adopt an ordi- 20 nance or ordinances levying or collecting any license tax from or to require 21 the licensing in any manner of any auctioneer who has been licensed and bonded 22 under the provisions of this chapter. The bond shall be for twenty thousand 23 dollars ($20,000) on its face payable to the state of Idaho. 24 54-1305. APPLICATION FOR LICENSE. An applicant for licensure as an auc- 25 tioneer shall submit an application under oath upon a form to be prescribed by 26 the bureau and which shall include the following information pertaining to the 27 applicant: 28 (1) Social security number for natural persons or employer identification 29 number for other persons; 30 (2) The name and address under which the applicant conducts business, if 31 an individual proprietorship; the name and address of each partner or 32 venturer, if the applicant is a partnership or joint venture; or the name and 33 address of the corporate officers and statutory agent for service, if the 34 applicant is a corporation; 35 (3) A certificate issued by an insurance company licensed to do business 36 in the state of Idaho or other satisfactory proof that the applicant has pro- 37 cured and has in effect for the entire licensure year worker's compensation 38 insurance or unemployment insurance or a statement as to why such certificate 39 or coverage is not required for the applicant; 40 (4) Idaho state sales tax, state withholding tax and unemployment insur- 41 ance account tax numbers if required; 42 (5) A statement of the type of auctions to be undertaken by the appli- 43 cant; 44 (6) A statement that the applicant has never been denied or had revoked 45 an auctioneer's licensing or registration privilege in any other state or an 46 explanation of any revocation or denial; 47 (7) A registration fee, initially of one hundred dollars ($100) per year 48 for residents and a licensee fee of one hundred fifty dollars ($150) per year 49 for nonresidents who seek license by reciprocity and for apprentices who are 50 residents, a fee of fifty dollars ($50.00) and for apprentices who are nonres- 51 idents, a fee of seventy-five dollars ($75.00). 3 1 54-1306. CERTIFICATES OF LICENSURE. Upon receipt of a duly completed 2 application, together with the license fee, and after such verification proc- 3 ess as the bureau may from time to time deem appropriate, a certificate of 4 licensure and a wallet sized card showing the licensee's name and showing a 5 licensure number shall be issued initially for a period commencing on the date 6 of issue and expiring one (1) year from the date issued. Upon annual reappli- 7 cations, certificates of licensure and wallet sized card shall be renewed for 8 succeeding terms of one (1) year each. Application for renewal of license 9 shall be filed on or before thirty (30) days prior to the expiration date. The 10 bureau shall issue publications with the licensure requirements of this chap- 11 ter. Certificates shall not be assignable or transferable. Upon change of own- 12 ership of a licensed auctioneer, a new application shall be filed. 13 54-1307. SUSPENSION OF LICENSE. The board of auctioneers may revoke or 14 suspend an auctioneer's license if it determines that: 15 (1) Any insurance coverages provided for hereunder have ceased to be 16 effective; or 17 (2) An auctioneer has violated any of the provisions of chapter 6, title 18 48, Idaho Code, including section 48-603C, Idaho Code, relating to consumer 19 protection; or 20 (3) An auctioneer has made any misstatement of a material fact or has 21 failed to pay the required fee in the registration process; or 22 (4) An auctioneer has been convicted or engaged in conduct constituting a 23 violation of public laws, ordinances or rules of this state, or any subdivi- 24 sion thereof, relevant to auctioneers and reflecting on the licensee's ability 25 or qualifications to continue auctioneering for other persons. An auctioneer 26 whose license has been revoked or suspended shall be required to return his 27 certificate of licensure within the time determined by the bureau or, upon 28 failure to do so, be liable for civil penalties of up to fifty dollars 29 ($50.00) per day for each day the certificate is not returned after expiration 30 of the period allowed. 31 (5) A licensed auctioneer is subject to the provisions set forth in chap- 32 ter 14, title 7, Idaho Code. The rights and remedies provided in this section 33 shall be in addition to any and all other rights and remedies that may exist 34 at law or in equity. 35 54-1308. REINSTATEMENT. The bureau may reinstate a suspended or revoked 36 license upon a showing that the grounds therefor have been eliminated, that 37 such a violation is not likely to reoccur in the future, and that the public 38 interest is not jeopardized by the licensure. 39 54-1309. PUBLIC INFORMATION ON LICENSURE. The bureau shall provide, upon 40 request, or as it otherwise deems appropriate, to the public and county munic- 41 ipal authorities information regarding those auctioneers duly registered or 42 those not licensed under the provisions of this chapter. Additionally, the 43 licensee shall have his license number on all advertisements. 44 54-1310. PENALTIES. Any person, firm, copartnership, corporation, associ- 45 ation or other organization acting in the capacity of an auctioneer within the 46 meaning of this act, without a current license as herein provided, shall be 47 guilty of a misdemeanor and shall, upon conviction thereof, if a person or 48 persons, be punished by a fine of not to exceed three hundred dollars ($300) 49 or by imprisonment in the county jail for a term not to exceed six (6) months 50 or by both such fine and imprisonment, in the discretion of the court. The 51 same penalties shall apply, upon conviction to any member of a copartnership, 4 1 or to any managing or directing officer of any corporation or other organiza- 2 tion consenting to, participating in, or aiding or abetting any such violation 3 of this act. 4 Every auctioneer who knowingly lets an auctioneer to any person, firm, 5 copartnership, corporation, association or other organization who is not cur- 6 rently registered as required by the provisions of this chapter shall be 7 guilty of a misdemeanor and upon conviction, punishable as provided in this 8 section. No person engaged in the business or acting in the capacity of an 9 auctioneer, may bring or maintain any action in any court of this state for 10 the collection of compensation for the performance of any act or contract for 11 which the license is required by this chapter without alleging and providing 12 that he was a duly licensed auctioneer at all times during the performance of 13 such act or contract. 14 54-1311. AUCTIONEER'S LICENSURE FUND -- APPROPRIATION -- DISBURSEMENTS. 15 The state treasurer shall be custodian of a fund, which is hereby created, to 16 be known as the "auctioneer's licensure fund," into which shall be paid and 17 deposited all funds accruing or received under any and all provisions of this 18 act. All moneys from whatever source accruing to or received by said fund are 19 hereby appropriated for the payment of the cost and expense of the administra- 20 tion and enforcement of this act, as herein provided, and the same shall be 21 paid out by the state treasurer only upon state vouchers prepared and approved 22 by the bureau, certified to by the chief administrative officer of the bureau 23 of occupational licenses, and approved by the state board of examiners. Any 24 moneys remaining in said fund on the last day of each year, as the term "year" 25 is defined in this act, shall continue to be appropriated for the purposes of 26 this act. 27 54-1312. BOARD OF AUCTIONEERS. (1) There is hereby created in the bureau 28 of occupational licenses the board of auctioneers to be comprised of five (5) 29 members, to be appointed by the governor subject to confirmation by the state 30 senate, at least three (3) of whom shall be licensed auctioneers, who shall 31 initially be appointed for terms of two (2) and four (4) years. Thereafter all 32 appointments shall be for terms of four (4) years. Vacancies shall be filled 33 for the remainder of the expired term. No member shall serve more than two (2) 34 consecutive terms of office. 35 (2) Each member of the board shall be of good moral character and shall 36 have been licensed pursuant to this chapter and shall actively be engaged in 37 the auction business for at least five (5) years prior to the appointment. 38 (3) The board shall elect one (1) of its members chair and one (1) secre- 39 tary. The board may do all things necessary and convenient to carry into 40 effect this chapter. The board, in cooperation with the bureau of occupational 41 licenses, shall adopt necessary rules to administer the provisions of this 42 chapter. 43 54-1313. SEVERABILITY. The provisions of this act are hereby declared to 44 be severable and if any provision of this act or the application of such pro- 45 vision to any person or circumstance is declared invalid for any reason, such 46 declaration shall not affect the validity of the remaining portions of this 47 act. 48 SECTION 2. This act shall be in full force and effect on and after July 49 1, 1998, and licensure shall be required hereunder on and after January 1, 50 1999.
STATEMENT OF PURPOSE
RS07894C 1
This proposal would establish a state auctioneer license, an administering
board and minimal standards.
Fiscal Impact
None upon the general fund.
CONTACT: Senator Laird Noh 332-1333
S1462