House Bill 425

AN ACT TO AMEND SECTION 73-4-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN APPLICANT FOR AN AUCTIONEER'S LICENSE WHO HAS NOT OBTAINED A HIGH SCHOOL DIPLOMA OR G.E.D. EQUIVALENT, AT THE TIME OF APPLICATION, MUST BE ENROLLED IN HIGH SCHOOL OR A G.E.D. EQUIVALENT PROGRAM AND BE MAKING SATISFACTORY PROGRESS TOWARDS THE ISSUANCE OF A DIPLOMA; TO PROVIDE THAT THE MISSISSIPPI AUCTIONEER COMMISSION SHALL REVOKE THE LICENSE OF A LICENSEE WHO WITHIN TWELVE MONTHS OF BEING ISSUED A LICENSE FAILS TO PRESENT TO THE COMMISSION PROOF OF COMPLETING SUCH EDUCATION REQUIREMENTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-4-17, Mississippi Code of 1972, is amended as follows:

73-4-17. There shall be three (3) classes of auctioneers' licenses, which shall be livestock auctioneer, auctioneer and auction gallery. All applicants for a license under this chapter shall possess the following minimum qualifications:

(a) Applicants shall have attained the age of eighteen (18) years by the issuance date of the license.

(b) Applicants * * * shall be graduates of an auctioneering school approved by the commission.

(c) Applicants, at the time that the application is filed, must have obtained at a minimum a high school diploma or G.E.D. equivalent, or must be enrolled in high school or a G.E.D. equivalent program and making satisfactory progress towards the issuance of a diploma. An applicant who, at the time of application, has not obtained a high school diploma or a G.E.D. equivalent, must satisfactorily complete such program and present proof of completion to the commission within twelve (12) months after being issued a license under this chapter. The commission shall revoke the license of a licensee who fails to provide the commission timely with proof of the satisfactory completion of the education requirements under this paragraph.

(d) Each applicant for a license under this chapter shall demonstrate to the commission that he is of good moral character and worthy of public trust through background information to be provided on his application form and two (2) letters of reference from persons not related to the applicant who have known the applicant at least three (3) years. The commission may require additional information or a personal interview with the applicant to determine if such applicant should be granted a license.

(e) Each applicant for a license under this chapter shall take and successfully complete an examination as prescribed by the commission. The examination shall include questions on ethics, reading comprehension, writing, spelling, elementary arithmetic, elementary principals of land economics, general knowledge of bulk sales law, contracts of sale, agency, leases, brokerage, knowledge of various goods commonly sold at auction, ability to call bids, knowledge of sale preparation and proper sale advertising and sale summary, and knowledge of the provisions of this chapter and the commission's rules and regulations. There shall be separate examinations for auctioneer and auction gallery each based upon relevant subject matter appropriate to the license classification as set forth herein. Examinations shall be administered at least once a year and may be administered quarterly at the commission's discretion provided there are at least twenty-five (25) examinees. The commission shall ensure that the various forms of the test remain secure.

(f) In order to defray the cost of administration of the examinations, applicants for the examination shall pay fees as follows:

(i) Auctioneer--$100.00.

(ii) Auction gallery--$100.00.

(iii) Livestock auctioneer--$100.00.

(g) Each applicant desiring to sit for the examination for any license required under this chapter shall be required to furnish to the commission at least thirty (30) days prior to the examination evidence of a surety bond in the following minimum amounts:

(i) Auctioneer--$10,000.00.

(ii) Auction gallery--$10,000.00.

(iii) Livestock auctioneer--$10,000.00.

(h) In addition to the bond required herein, applicants for the auction gallery license shall furnish the commission with all relevant information concerning the premises to be licensed, to include location, whether the premises are owned or leased, and an affidavit that the proposed use of the premises as an auction gallery does not violate zoning or any other use restrictions. A separate license shall be required for each business location of the owner of multiple auction galleries.

(i) All licenses granted pursuant to this chapter shall be for a term of two (2) years and, unless earlier revoked by the commission under paragraph (c) of this section, shall expire on the first day of March at the end of such two-year term. Biennial license fees shall be set from time to time by the commission with a maximum fee of Two Hundred Dollars ($200.00). Individuals failing to submit license renewal fees on or before March 1 of the year for renewal shall be required to successfully pass the next administration of the examination in order to renew a license.

Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

SECTION 2. This act shall take effect and be in force from and after its passage.