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DE HB212

Bill

Status

Introduced

6/23/2011

Primary Sponsor

William Carson

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Origin

House of Representatives

146th General Assembly

AI Summary

  • Creates the Auctioneer Licensing Commission with 5 members (at least 3 licensed auctioneers, at least 1 non-industry consumer) to license and regulate auctioneers and auction firms in Delaware.

  • Requires individual auctioneers to be at least 18 years old, have a high school diploma or GED, complete 80 hours of prescribed coursework, call for bids at 15+ auctions over 2 years under supervision, and pass a written examination; licenses valid for 2 years with 12 hours of continuing education required for renewal.

  • Requires auction firms to obtain licenses and designate at least one person with authority to transact business; designated persons must pass written examination unless already licensed as an auctioneer.

  • Establishes a Recovery Fund supported by license fee assessments ($200-$300 minimum per licensee) to compensate consumers for losses up to $5,000 per claim or $50,000 lifetime per auctioneer/firm resulting from violations of the act.

  • Prohibits unlicensed auctioneering and auction firm operation as a Class B misdemeanor; provides penalties of fines up to $10,000, license suspension, probation, or revocation for violations including fraud, misrepresentation, shilling, and failure to maintain records.

Legislative Description

An Act To Amend Title 24 Of The Delaware Code Creating The Delaware Auction And Auctioneer Licensing Act.

Last Action

HS 1 for HB 212 - Amendment HA 1 - Introduced and Placed With Bill

5/10/2012

Committee Referrals

Sunset5/9/2012
Sunset Committee (Policy Analysis & Government Accountability)6/23/2011

Full Bill Text

No bill text available