HB 779 - Auctioneers; amend provisions
Georgia House of Representatives - 1995/1996 Sessions
HB 779 - Auctioneers; amend provisions
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6
1. Coleman 80th 2. Bargeron 120th
House Comm: Ind / Senate Comm: ST&I /
House Vote: Yeas 91 Nays 0 Senate Vote: Yeas 49 Nays 0
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House Action Senate
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2/17/95 Read 1st Time 1/24/96
2/20/95 Read 2nd Time 1/31/96
3/1/95* Favorably Reported 1/30/96
3/17/95 Recommitted
1/23/96 Read 3rd Time 2/2/96
1/23/96 Passed/Adopted 2/2/96
CS Comm/Floor Amend/Sub
3/19/96 Sent to Governor
4/8/96 Signed by Governor
802 Act/Veto Number
7/1/96 Effective Date
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Favorably Reported by Substitute 1/11/96
Code Sections amended: 43-6-1, 43-6-2, 43-6-3, 43-6-11, 43-6-11.1, 43-6-12.1,
43-6-14.1, 43-6-18, 43-6-18.1, 43-6-24
HB 779 LC 9 8544S
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 6 of Title 43 of the Official Code of
1- 2 Georgia Annotated, relating to auctioneers, so as to provide
1- 3 a definition; to change the provisions relating to the
1- 4 Georgia Auctioneers Commission and the membership thereof;
1- 5 to delete certain obsolete provisions; to change the
1- 6 provisions relating to qualifications for licenses; to
1- 7 require certain trust accounts and registration thereof; to
1- 8 require the carrying of Georgia auctioneers license
1- 9 identification cards and the display thereof; to change the
1-10 provisions relating to grounds for revocation or suspension
1-11 of licenses and censure or discipline of licensees; to
1-12 change the provisions relating to complaints; to change the
1-13 powers of the inspector for the commission; to provide for
1-14 an exception to such chapter; to provide for other matters
1-15 relating to auctioneers and the Georgia Auctioneers
1-16 Commission; to repeal conflicting laws; and for other
1-17 purposes.
1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-19 Chapter 6 of Title 43 of the Official Code of Georgia
1-20 Annotated, relating to auctioneers, is amended by adding at
1-21 the end of Code Section 43-6-1, relating to definitions, a
1-22 new paragraph (10) to read as follows:
1-23 "(10) 'Ringperson' means any person employed directly by
1-24 an auctioneer or auction company responsible for a sale
1-25 who assists the auctioneer in the conduct of an auction,
1-26 provided that such person shall not be permitted to call
1-27 or chant a bid or negotiate a listing contract."
SECTION 2.
1-28 Said chapter is further amended by striking Code Section
1-29 43-6-2, relating to creation of the Georgia Auctioneers
1-30 Commission, and inserting in lieu thereof a new Code Section
1-31 43-6-2 to read as follows:
-1- (Index)
LC 9 8544S
2- 1 "43-6-2. (Index)
2- 2 (a) The Georgia Auctioneers Commission is created under
2- 3 the Secretary of State and the joint-secretary.
2- 4 (b) The commission shall be composed of six members, each
2- 5 of whom shall be appointed by the Governor, with the
2- 6 approval of the Secretary of State, and confirmed by the
2- 7 Senate. Initial terms of appointment shall include one
2- 8 member to be appointed for a term of one year, one member
2- 9 to be appointed for a term of two years, one member to be
2-10 appointed for a term of three years, one member to be
2-11 appointed for a term of four years, and two members to be
2-12 appointed for terms of five years. All subsequent
2-13 appointments Appointments shall be for a term of five
2-14 years, to end on the anniversary date of original
2-15 appointments, except appointments to fill a vacancy which
2-16 shall be for the unexpired term only.
2-17 (c) Five members of the commission shall be licensed
2-18 auctioneers who shall have been residents of this state
2-19 and actively engaged in the auctioneering business for at
2-20 least five years. One member shall be a consumer advocate
2-21 and a resident of this state and shall have no connection
2-22 whatsoever with the practice or profession of
2-23 auctioneering."
SECTION 3.
2-24 Said chapter is further amended by striking Code Section
2-25 43-6-3, relating to filling vacancies on the commission,
2-26 selection of a chairperson, rules and regulations, and
2-27 meetings, and inserting in lieu thereof a new Code Section
2-28 43-6-3 to read as follows:
2-29 "43-6-3. (Index) (a) Members of the commission shall serve until their
2-31 successors are appointed and qualified. No member of the
2-32 commission may serve more than two consecutive terms.
2-33 Vacancies on the commission shall be filled by appointment
2-34 of the Governor.
2-35 (b)(a) The commission shall organize by selecting from its
2-36 members a chairman and may do all things necessary and
2-37 convenient to carry this chapter into effect and, from
2-38 time to time, may promulgate necessary rules and
2-39 regulations to carry out this chapter.
-2- (Index)
LC 9 8544S
3- 1 (c)(b) The commission shall meet as necessary and shall
3- 2 remain in session as long as the chairman deems it
3- 3 necessary to give full consideration to the business
3- 4 before the commission."
SECTION 4.
3- 5 Said chapter is further amended by striking subsection (d)
3- 6 of Code Section 43-6-11, relating to qualifications of
3- 7 applicants, and inserting in lieu thereof a new subsection
3- 8 (d) to read as follows:
3- 9 "(d) Each applicant for licensure as an auctioneer shall
3-10 have successfully graduated from an accredited high school
3-11 or obtained a GED and have graduated from an auctioneers
3-12 school approved by the commission prior to making an
3-13 application for an auctioneer's license."
SECTION 5.
3-14 Said chapter is further amended by adding at the end of
3-15 Code Section 43-6-11.1, relating to application by a company
3-16 for a license, a new subsection (d) to read as follows:
3-17 "(d) An auction company must maintain at all times an
3-18 active trust account and register such account with the
3-19 Georgia Auctioneers Commission."
SECTION 6.
3-20 Said chapter is further amended by adding, following Code
3-21 Section 43-6-12, a new Code Section 43-6-12.1 to read as
3-22 follows:
3-23 "43-6-12.1. (Index)
3-24 In order for an applicant to obtain an auctioneer's
3-25 license, such applicant must show proof of a residence."
SECTION 7.
3-26 Said chapter is further amended by adding, following Code
3-27 Section 43-6-14, a new Code Section 43-6-14.1 to read as
3-28 follows:
3-29 "43-6-14.1. (Index)
3-30 All licensees must carry on their person, when
3-31 participating in the auctioneering business in any
3-32 capacity, their Georgia auctioneer's license
3-33 identification card and must present such card upon demand
3-34 by any official of the State of Georgia."
-3- (Index)
LC 9 8544S
SECTION 8.
4- 1 Said Chapter is further amended by striking Code Section
4- 2 43-6-18, relating to grounds for revocation or suspension of
4- 3 licenses and censure of licensees, and inserting in lieu
4- 4 thereof a new Code Section 43-6-18 to read as follows:
4- 5 "43-6-18. (Index)
4- 6 The commission may, upon its own motion, and shall, upon
4- 7 the sworn signed complaint in writing of any person,
4- 8 investigate the actions of any auctioneer or apprentice
4- 9 auctioneer and shall have power to censure such licensee
4-10 or to revoke or suspend any license issued under this
4-11 chapter whenever such license has been obtained by false
4-12 or fraudulent representation or the licensee has been
4-13 found guilty of any unfair trade practices, including, but
4-14 not limited to, the following:
4-15 (1) Making any substantial misrepresentation while
4-16 describing any property, real or personal; using any
4-17 false, deceptive, misleading, or untruthful advertising;
4-18 or making any statements, either in person or through
4-19 any form of advertising, which may create false or
4-20 unjustified expectations of the services to be
4-21 performed;
4-22 (2) Pursuing a continued and flagrant course of
4-23 misrepresentation or making false promises through
4-24 agents or advertising an auction to be an absolute
4-25 auction, but conducting it as an auction with reserve or
4-26 otherwise;
4-27 (3) Failing to account for or remit, within a reasonable
4-28 time 30 days unless otherwise provided by contract, any
4-29 money belonging to others that comes into his or her
4-30 possession, commingling funds of others with his or her
4-31 own, or failing to keep such funds of others in an
4-32 escrow or trustee account; provided, however, that the
4-33 requirement of an escrow or trust account shall not
4-34 apply to an apprentice auctioneer who conducts the
4-35 business of auctioning where gross sales do not exceed
4-36 $2,000.00 per auction;
4-37 (4) Being convicted in a court of competent jurisdiction
4-38 of this or any other state of a criminal offense
4-39 involving moral turpitude or a felony;
4-40 (5) Violation of any rule or regulation or code of
4-41 ethics promulgated by the commission;
-4- (Index)
LC 9 8544S
5- 1 (6) Any conduct of any auctioneer which demonstrates bad
5- 2 faith, dishonesty, incompetency, or untruthfulness; or
5- 3 (7) Any conduct of an auctioneer which demonstrates
5- 4 improper, fraudulent, or dishonest dealings.;
5- 5 (8) Having had any license to practice a business or
5- 6 profession revoked, suspended, annulled, or sanctioned,
5- 7 or otherwise having had any disciplinary action taken by
5- 8 any other licensing authority in this or any other
5- 9 state; or
5-10 (9) Knowingly making any misleading, false, or deceptive
5-11 statement on any application for a license under this
5-12 chapter."
SECTION 9.
5-13 Said chapter is further amended by striking Code Section
5-14 43-6-18.1, relating to the inspector for the commission, and
5-15 inserting in lieu thereof a new Code Section 43-6-18.1 to
5-16 read as follows:
5-17 "43-6-18.1. (Index)
5-18 The commission shall have a full-time inspector with full
5-19 inspection rights and privileges for all auctions
5-20 conducted in this state. This inspector shall have the
5-21 right to inspect any activity or lack thereof which may be
5-22 a violation of this chapter or any documents or records
5-23 pertaining to auction activities and to report any and all
5-24 such violations or any improper or unlicensed practice,
5-25 including but not limited to trust account violations."
SECTION 10.
5-26 Said chapter is further amended by striking Code Section
5-27 43-6-24, relating to exceptions, and inserting in lieu
5-28 thereof a new Code Section 43-6-24 to read as follows:
5-29 "43-6-24. (Index)
5-30 Except as otherwise provided in this chapter, this chapter
5-31 shall not apply to any person acting as a receiver,
5-32 trustee in bankruptcy, administrator, executor, or any
5-33 such person acting under order of any court. This chapter
5-34 shall not apply to any nonprofit organization conducting
5-35 an auction where the funds are to be used in a way as to
5-36 benefit persons with physical or mental disabilities or
5-37 disorders or for research related to cures or prevention
5-38 of such disabilities or disorders, nor shall this chapter
-5- (Index)
LC 9 8544S
6- 1 apply to any auction conducted by a nonprofit organization
6- 2 where the funds are to be used for the preservation of
6- 3 wildlife or its habitats whether conducted by a licensed
6- 4 auctioneer or nonlicensed auctioneer so long as the
6- 5 nonprofit organization obtains a letter of exemption from
6- 6 the commission. This chapter shall not apply to any
6- 7 person acting as an auctioneer in the auction of
6- 8 livestock, forest products, or farm products in an auction
6- 9 facility which is licensed and bonded under the provisions
6-10 of Article 3 of Chapter 6 of Title 4 or in an auction
6-11 facility which is licensed under Code Section 10-4-101 or
6-12 to any youth livestock auction, sponsored by a 4-H Club or
6-13 the Future Farmers of America; provided, however, that
6-14 such organization or agency must first obtain from the
6-15 commission a letter of exemption. This chapter shall not
6-16 apply to students of approved auctioneering schools during
6-17 the term of their course of study. This chapter shall not
6-18 apply to any person conducting a public sale of personal
6-19 property pursuant to the provisions of Code Section
6-20 10-4-213. This chapter shall not apply to ringpersons as
6-21 defined in Code Section 43-6-1."
SECTION 11.
6-22 All laws and parts of laws in conflict with this Act are
6-23 repealed.
-6- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97