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PUBLIC LAWS OF MAINE
First Special Session of the 118th

CHAPTER 183
S.P. 219 - L.D. 678

An Act to Amend the Laws Relating to Auctioneers

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 32 MRSA 270, sub-5, as enacted by PL 1995, c. 402, Pt. A, 10, is repealed.

     Sec. 2. 32 MRSA 272-A, as enacted by PL 1995, c. 402, Pt. A, 13, is repealed.

     Sec. 3. 32 MRSA 273, first , as amended by PL 1995, c. 402, Pt. A, 14, is further amended to read:

     Every resident person in this State desiring to do business as an auctioneer or small auctioneer, who satisfies the board that that person has knowledge of the laws of this State pertaining to auctions and sales, the ethics and practices of auctioneers, the laws relating to the record of sales of used merchandise and such other related subjects as the board may select, upon application in form designated by the board, must receive a license to conduct auctions. The original application must be accompanied by 2 letters of recommendation as evidence of ethical business practice.

     Sec. 4. 32 MRSA 275, sub-2, as amended by PL 1995, c. 402, Pt. A, 16, is further amended to read:

     2. Advertising. No auction may be advertised in this State without including the name and license number of the auctioneer or small auctioneer.

     Sec. 5. 32 MRSA 276, first , as amended by PL 1995, c. 402, Pt. A, 17, is further amended to read:

     Every nonresident person desiring to do business as an auctioneer or small auctioneer in this State shall obtain a license. The board may issue a license to any nonresident upon fulfillment of the same application requirements as those set forth for resident auctioneers or small auctioneers.

     Sec. 6. 32 MRSA 279, as amended by PL 1995, c. 402, Pt. A, 20, is further amended to read:

279. Inspection of license

     Every auctioneer or small auctioneer licensed by the State must show that auctioneer's or small auctioneer's state license at any time upon the request of a municipal law enforcement agency or municipal clerk or officer in whose municipality the auctioneer or small auctioneer is conducting an auction. The provisions for obtaining a state auctioneer's or small auctioneer's license do not prohibit any municipality from establishing its own permit requirements for an auction sale, provided no municipal permit is required for an auction that lasts less than 2 full consecutive days.

     Sec. 7. 32 MRSA 280, sub-1, as amended by PL 1995, c. 402, Pt. A, 21, is further amended to read:

     1. Statement of ownership of property. Any law enforcement officer may require the auctioneer or small auctioneer to state whether the merchandise being sold is owned in part or in its entirety by the auctioneer or small auctioneer. If the merchandise is owned by another party, the name and address of that party must be stated to law enforcement officials.

     Sec. 8. 32 MRSA 280, sub-3, as amended by PL 1995, c. 402, Pt. A, 22, is further amended to read:

     3. Real estate brokerage. If an auctioneer or small auctioneer engages in real estate brokerage, the auctioneer or small auctioneer must be licensed under chapter 114, except that a license is not required if the auctioneer or small auctioneer is hired to call bids on real estate being sold at an auction and the auctioneer or small auctioneer does not prepare contracts or otherwise control the actual sale or take custody of any part of the purchase price.

     Sec. 9. 32 MRSA 282, last , as amended by PL 1995, c. 402, Pt. A, 25, is further amended to read:

     The Board of Licensing of Auctioneers may take any action pursuant to Title 10, section 8003, subsection 5. Any person who purports to be or operates as a licensed auctioneer or small auctioneer without obtaining a license commits a Class E crime.

     Sec. 10. 32 MRSA 283, first , as amended by PL 1995, c. 402, Pt. A, 26, is further amended to read:

     Each auctioneer or small auctioneer shall post for display and describe at the beginning of each auction the conditions of the auction sale. The conditions must include:

     Sec. 11. 32 MRSA 283, sub-2, 3 and 6, as amended by PL 1995, c. 402, Pt. A, 26, are further amended to read:

     2. Highest bidder acknowledged. That the highest bidder will be acknowledged by the auctioneer or small auctioneer;

     3. Bid not commensurate. Whether a bid not commensurate with value, in the opinion of the auctioneer or small auctioneer, may be made;

     6. Auctioneer or owner bidding. Whether or not the owner, or auctioneer or small auctioneer reserves the right to bid;

Effective September 19, 1997, unless otherwise indicated.

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