Senate
File
2294
S-5082
Amend
Senate
File
2294
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
2
and
inserting:
3
<
Section
1.
Section
543B.7,
subsection
5,
Code
4
2011,
is
amended
to
read
as
follows:
5
5.
The
acts
of
an
auctioneer
who
is
not
a
licensee
6
in
conducting
a
public
sale
or
auction
,
as
provided
in
7
this
subsection
.
8
a.
The
auctioneer’s
role
must
be
limited
to
9
establishing
the
time,
place,
and
method
of
an
auction;
10
advertising
the
auction
including
which
shall
be
11
limited
to
a
brief
description
of
the
property
for
12
auction
and
the
time
and
place
for
the
auction;
and
13
crying
the
property
at
the
auction.
14
(1)
The
auctioneer
shall
provide
in
any
advertising
15
the
name
and
address
of
the
real
estate
broker
who
is
16
providing
brokerage
services
for
the
transaction
and
17
the
name
of
the
real
estate
broker
,
or
attorney
,
or
18
closing
company
who
is
responsible
for
closing
the
sale
19
of
the
property.
20
(2)
The
real
estate
broker
providing
brokerage
21
services
shall
be
present
at
the
time
of
the
auction
22
and,
if
found
to
be
in
violation
of
this
subsection
,
23
shall
be
subject
to
a
civil
penalty
of
two
one
thousand
24
five
hundred
dollars.
25
(3)
If
the
auctioneer
closes
or
attempts
to
close
26
the
sale
of
the
property
or
otherwise
engages
in
acts
27
defined
in
sections
543B.3
and
543B.6
,
or
paragraph
28
“b”
of
this
subsection,
then
the
requirements
of
this
29
chapter
do
apply
to
the
auctioneer.
30
b.
An
auctioneer
who
is
not
a
licensee
is
expressly
31
prohibited
from
engaging
in
the
following
acts:
32
(1)
Contacting
the
public
regarding
real
property
33
beyond
that
which
is
permitted
under
this
section
with
34
the
purpose
of
securing
or
facilitating
the
sale
of
35
such
real
property.
36
(2)
Independently
showing
property
or
hosting
open
37
houses.
38
(3)
Making
material
and
substantive
representations
39
regarding
title,
financing,
or
closings.
40
(4)
Discussing
or
explaining
a
contract,
lease,
41
agreement,
or
other
real
estate
document,
other
than
42
the
contract
for
conducting
the
auction
or
other
acts
43
permitted
by
this
subsection,
with
a
prospective
buyer,
44
owner,
or
tenant
of
the
real
property,
with
the
purpose
45
of
securing
or
facilitating
the
sale
of
such
real
46
property.
47
(5)
Collecting
or
holding
deposit
moneys,
rent,
48
other
moneys,
or
anything
of
value
received
from
the
49
owner
of
real
property
or
from
a
prospective
buyer
50
-1-
SF2294.4997
(1)
84
rn/nh
1/
2
#1.
or
tenant,
other
than
fees,
commissions,
or
other
1
consideration
paid
in
exchange
for
conducting
the
2
auction
or
other
acts
permitted
by
this
subsection,
3
with
the
purpose
of
securing
or
facilitating
the
sale
4
of
such
real
property.
5
(6)
Providing
owners
of
real
property
or
6
prospective
buyers
or
tenants
with
advice,
7
recommendations,
or
suggestions
regarding
the
sale,
8
purchase,
exchange,
rental,
or
leasing
of
real
9
property,
except
with
regard
to
acts
permitted
under
10
this
subsection.
11
(7)
Falsely
representing
in
any
manner,
orally
or
12
in
writing,
that
the
auctioneer
is
a
licensee.
13
c.
If
an
investigation
pursuant
to
this
chapter
14
reveals
that
an
auctioneer
has
violated
this
subsection
15
or
has
assumed
to
act
in
the
capacity
of
a
real
16
estate
broker
or
real
estate
salesperson,
the
real
17
estate
commission
may
shall
issue
a
cease
and
desist
18
order,
and
shall
issue
a
warning
letter
notifying
the
19
auctioneer
of
the
violation
impose
a
penalty
of
one
20
thousand
dollars
for
the
first
offense,
and
impose
a
21
penalty
of
up
to
the
greater
of
ten
thousand
dollars
22
or
ten
percent
of
the
real
estate
sales
price
for
each
23
subsequent
violation.
>
24
2.
Title
page,
by
striking
lines
1
through
3
and
25
inserting
<
An
Act
relating
to
the
authorized
activities
26
of
auctioneers
in
conducting
a
public
sale
or
auction
27
of
real
estate,
and
providing
penalty
provisions.
>
28
______________________________
THOMAS
RIELLY
-2-
SF2294.4997
(1)
84
rn/nh
2/
2
#2.