Senate Bill No. 320
(By Senators Whitlow, Helmick, Ross, Miller and Anderson)
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[Introduced February 7, 1996; referred to the Committee
on Agriculture; and then to the Committee on Finance.]
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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:
ARTICLE 2C. AUCTIONEERS.
§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.