Keller Bill to Update Auctioneer Licensing Law Signed by Governor
HARRISBURG – Legislation authored by Rep. Mark Keller (R-Perry/Cumberland) to update Pennsylvania’s Auctioneer Licensing and Trading Assistant Registration Act was signed into law by Gov. Tom Wolf as
Act 88 of 2016 on Wednesday. Keller is also a professional auctioneer and knowledgeable about the need to make changes to the current law.
“Act 88 eliminates any confusion and uncertainty about the law within the auctioneering community,” said Keller. “It also allows for better enforcement by eliminating inconsistencies and clarifying definitions.”
Specifically, the new law makes the following changes:
- Amends, repeals and reorganizes a number of provisions which haven’t been modified since initial enactment in 1983.
- Provides updated definitions for “auction,” “auction company” and “auctioneer,” and adds definitions for “extended auction,” “legally recognized entity,” “live auction,” “online auction,” “real-time auction,” and “trading assistant company.”
- Clarifies that an individual who engages in auction business in Pennsylvania must obtain an auctioneer license and a legally recognized entity that engages in auction business must obtain an auction company license.
- Makes it clear a Pennsylvania license is required in order to conduct an online auction if the owner or property is located in the Commonwealth. An exception to this general rule is provided when the owner contacts an out-of-state auctioneer to conduct an out-of-state online auction of personal property.
- Makes it clear licensees are authorized to conduct auctions at any venue within the Commonwealth.
- Eliminates the requirement that an auction company’s auctioneer-of-record must have an ownership interest in the auction company, and clarifies that the auctioneer-of-record does not need to be present at every auction conducted by the auction company.
- Eliminates the separate auction house license.
- Require trading assistant companies to register with the State Board of Auctioneer Examiners in the same manner as required for individual trading assistants.
- Make licensure by reciprocity available to Pennsylvania residents who may be licensed in another state.
“Auctions have always been and will continue to be a necessary way of doing business in Pennsylvania,” said Keller. “But the current law was not clear enough in many areas and often resulted in uneven enforcement.”
The new law will take effect in 60 days.
Representative Mark Keller
86th District
Pennsylvania House of Representatives
Media Contact: Andy Briggs
717.260.6474
abriggs@pahousegop.com
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