assembly Bill A4756A

2011-2012 Legislative Session

Specifies auction requirements

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to tourism, parks, arts and sports development
May 06, 2011 print number 4756a
May 06, 2011 amend and recommit to tourism, parks, arts and sports development
Feb 07, 2011 referred to tourism, parks, arts and sports development

Co-Sponsors

Multi-Sponsors

A4756 - Details

See Senate Version of this Bill:
S551
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4313
2013-2014: A3881, S230
2015-2016: A3196, S573
2017-2018: A6982, S2024

A4756 - Summary

Specifies requirements for auctions; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

A4756 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4756

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced by M. of A. TITONE, MOLINARO -- read once and referred to the
  Committee on Tourism, Parks, Arts and Sports Development

AN  ACT  to  amend  the  general  business  law,  in relation to auction
  requirements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  declares that the
following provisions of law are in addition to other provisions  of  law
and regulations applicable to auctions.
  S 2. The general business law is amended by adding a new section 29 to
read as follows:
  S  29.  REQUIREMENTS  FOR  AUCTIONS.  1.   THE AUCTIONEER WILL BE HELD
RESPONSIBLE FOR THE TRUTH OF ANY STATEMENT CONTAINED IN  ANY  CATALOGUE,
ADVERTISEMENT,  ANNOUNCEMENT,  PRESS  RELEASE  OR OTHER PUBLIC STATEMENT
MADE BY THE AUCTIONEER RELATING TO ANY AUCTION.
  2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
TEN CONTRACT BETWEEN THE CONSIGNOR OR HIS OR  HER  AGENT  OR  AUTHORIZED
REPRESENTATIVE AND THE AUCTIONEER, UNLESS AUCTIONED PURSUANT TO AN ORDER
OF A COURT OF COMPETENT JURISDICTION.
  B. EVERY CONTRACT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
MUST CONTAIN THE FOLLOWING PROVISIONS:
  (I)  ALL  FEES, COMMISSIONS AND CHARGES TO BE PAID BY THE CONSIGNOR TO
THE AUCTIONEER OR HIS OR HER AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR
ASSIGNS SHALL:
  (1) TO THE EXTENT PRACTICABLE, BE ITEMIZED AND SPECIFIED AS TO  AMOUNT
(WHICH  MAY  BE STATED AS A PERCENTAGE OF THE RESERVE PRICE OR ANY FINAL
BID), AND
  (2) IF SUCH ITEMIZATION AND SPECIFICATION AS TO AMOUNT IS NOT  PRACTI-
CABLE,  BE DESCRIBED WITH SUFFICIENT PARTICULARITY TO INFORM THE CONSIG-
NOR OF THE NATURE OF THE SERVICES FOR WHICH SUCH FEES,  COMMISSIONS  AND
CHARGES WILL BE IMPOSED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08006-01-1

Co-Sponsors

Multi-Sponsors

A4756A (ACTIVE) - Details

See Senate Version of this Bill:
S551
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4313
2013-2014: A3881, S230
2015-2016: A3196, S573
2017-2018: A6982, S2024

A4756A (ACTIVE) - Summary

Specifies requirements for auctions; holds the auctioneer responsible for truth of statements in catalogues, announcements, etc.

A4756A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4756--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by  M. of A. TITONE, MOLINARO -- Multi-Sponsored by -- M. of
  A. BOYLAND -- read once and referred  to  the  Committee  on  Tourism,
  Parks,  Arts  and  Sports  Development  --  committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  general  business  law,  in relation to auction
  requirements

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  intent.  The  legislature  declares that the
following provisions of law are in addition to other provisions  of  law
and regulations applicable to auctions.
  S 2. The general business law is amended by adding a new section 29 to
read as follows:
  S  29.  REQUIREMENTS  FOR  AUCTIONS.  1.   THE AUCTIONEER WILL BE HELD
RESPONSIBLE FOR THE TRUTH OF ANY STATEMENT CONTAINED IN  ANY  CATALOGUE,
ADVERTISEMENT,  ANNOUNCEMENT,  PRESS  RELEASE  OR OTHER PUBLIC STATEMENT
MADE BY THE AUCTIONEER RELATING TO ANY AUCTION.
  2. A. NO PERSONAL PROPERTY MAY BE AUCTIONED EXCEPT PURSUANT TO A WRIT-
TEN CONTRACT BETWEEN THE CONSIGNOR OR HIS OR  HER  AGENT  OR  AUTHORIZED
REPRESENTATIVE AND THE AUCTIONEER, UNLESS AUCTIONED PURSUANT TO AN ORDER
OF A COURT OF COMPETENT JURISDICTION.
  B. EVERY CONTRACT REQUIRED PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION
MUST CONTAIN THE FOLLOWING PROVISIONS:
  (I)  ALL  FEES, COMMISSIONS AND CHARGES TO BE PAID BY THE CONSIGNOR TO
THE AUCTIONEER OR HIS OR HER AGENTS, PRINCIPALS, EMPLOYEES, EMPLOYERS OR
ASSIGNS SHALL:
  (1) TO THE EXTENT PRACTICABLE, BE ITEMIZED AND SPECIFIED AS TO  AMOUNT
(WHICH  MAY  BE STATED AS A PERCENTAGE OF THE RESERVE PRICE OR ANY FINAL
BID), AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08006-02-1

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