The bill amends various sections of the Code of West Virginia concerning auctioneers, introducing new definitions and updating existing provisions. Key changes include a broader definition of "auction" to cover various bidding methods, the introduction of the term "auction firm," and an increase in the required bond for auctioneers from $10,000 to $25,000. It also clarifies exceptions to licensing requirements, allowing individuals to sell their own property without a license under certain conditions, and mandates that license fees be established by legislative rule. Additionally, the bill extends the operational period for apprentice auctioneers after their license expiration from 20 to 30 days.

Further provisions address the investigation of complaints against auctioneers, the structure of the board of review, and the requirements for auction contracts. The Department of Agriculture is empowered to investigate complaints, with a structured process for presenting findings to a board of review composed of three gubernatorial appointees who will not receive compensation. The bill also modifies the method for serving orders from the commissioner from registered to certified mail. New requirements for written contracts between auctioneers and sellers are introduced, including detailed disclosures about fees and responsibilities, while also specifying advertising requirements and prohibiting misleading practices. Civil and criminal penalties for violations are established, with civil penalties payable to the West Virginia Department of Agriculture, ultimately aiming to enhance transparency and accountability in the auction process.

Statutes affected:
Introduced Version: 19-2C-1, 19-2C-2, 19-2C-3, 19-2C-3a, 19-2C-4, 19-2C-5b, 19-2C-6, 19-2C-6a, 19-2C-7, 19-2C-8, 19-2C-9, 19-2C-10
Committee Substitute: 19-2C-1, 19-2C-2, 19-2C-3, 19-2C-3a, 19-2C-4, 19-2C-5b, 19-2C-6, 19-2C-6a, 19-2C-7, 19-2C-8, 19-2C-9, 19-2C-10