Senate Bill No. 320

(By Senators Whitlow, Helmick, Ross, Miller and Anderson)


[Introduced February 7, 1996; referred to the Committee on Agriculture; and then to the Committee on Finance.]

A BILL to amend and reenact section three, article two-c, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to depositing auctioneer application fees to the department of agriculture.

Be it enacted by the Legislature of West Virginia:
That section three, article two-c, chapter nineteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§19-2C-3. Procedure for license; department of agriculture as statutory agent for licensees; fee.

Any person who wishes to conduct an auction as an auctioneer may apply for a license on forms prescribed by the commissioner and containing such information as the commissioner may by rule or regulation require. A nonreturnable application fee of fifty dollars shall accompany each application as well as a license fee of fifty dollars. All fees collected under this article shall be paid into the general a special revenue fund in of the state treasury department of agriculture to be used for the expressed purpose of administering and enforcing this article and for providing continuing education for auctioneers.
In addition to the payment of fees, an applicant shall file with his application a bond as required in section four of this article.
The commissioner shall, within thirty days after the receipt of an application, notify the applicant of his eligibility to be examined at the next regularly scheduled examination, as well as the date of such examination.
In the event the license is denied, the applicant shall be refunded the license fee submitted with the application.
Licenses issued shall expire on the thirty-first day of December of each year but shall be renewable upon the payment of the annual license fee within sixty days of the expiration date: Provided, That licenses issued for fiscal year one thousand nine hundred ninety-one will be extended, at no additional fee, through the thirty-first day of December, one thousand nine hundred ninety-one. Renewals received more than sixty days after the expiration date are subject to a late renewal fee of twenty- five dollars in addition to the annual renewal fee. Licenses which have been expired for more than two years will not be renewed and the auctioneer or apprentice auctioneer will be required to take the written and oral examination and to pay the examination fee. No renewal will be made unless the other requirements of this article are complied with.
Should a duplicate or replacement license or a license reflecting a change in information be required, the auctioneer or apprentice auctioneer must submit with such request a fee of five dollars.
The state department of agriculture is the agent for the purpose of service of process on any licensed auctioneer for any action occasioned by the performance of the duties of such auctioneer. Every licensed auctioneer, by virtue of his application for license, shall be considered to have consented to such statutory agency.

NOTE: The purpose of this bill is to require auctioneer application fees to be deposited with the department of agriculture.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.