assembly Bill A3881

2013-2014 Legislative Session

Specifies auction requirements

download bill text pdf

Sponsored By

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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2014 held for consideration in tourism, parks, arts and sports development
Jan 08, 2014 referred to tourism, parks, arts and sports development
Jan 29, 2013 referred to tourism, parks, arts and sports development

Co-Sponsors

A3881 (ACTIVE) - Details

See Senate Version of this Bill:
S230
Law Section:
General Business Law
Laws Affected:
Add §29, amd §23, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4313
2011-2012: A4756, S551
2015-2016: A3196, S573
2017-2018: A6982, S2024

A3881 (ACTIVE) - Summary

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

A3881 (ACTIVE) - Bill Text download pdf

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

                                  3881

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M. of A. TITONE, FINCH -- Multi-Sponsored by -- M. of A.
  BOYLAND -- 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00236-01-3

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