senate Bill S551A

2011-2012 Legislative Session

Specifies auction requirements

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Jun 21, 2011 print number 551a
amend and recommit to consumer protection
Apr 05, 2011 notice of committee consideration - requested
Jan 05, 2011 referred to consumer protection

Co-Sponsors

S551 - Details

See Assembly Version of this Bill:
A4756A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S4313D

S551 - Summary

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

S551 - Sponsor Memo

S551 - Bill Text download pdf

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

                                   551

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  SQUADRON,  DILAN,  HASSELL-THOMPSON, OPPENHEIMER,
  PERKINS, STAVISKY -- read twice and ordered printed, and when  printed
  to be committed to the Committee on Consumer Protection

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-

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

Co-Sponsors

S551A (ACTIVE) - Details

See Assembly Version of this Bill:
A4756A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S4313D

S551A (ACTIVE) - Summary

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

S551A (ACTIVE) - Sponsor Memo

S551A (ACTIVE) - Bill Text download pdf

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

                                 551--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  SQUADRON,  DILAN,  HASSELL-THOMPSON, OPPENHEIMER,
  PERKINS, STAVISKY -- read twice and ordered printed, and when  printed
  to  be  committed to the Committee on Consumer Protection -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

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