Kentucky 2022 Regular Session Status: Enacted 1 R cosponsors

HB 436 — AN ACT relating to auctioneer licensure.

Last action — signed by Governor (Acts Ch. 24)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 02, 2022. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amend KRS 330.070 to change the renewal period from annual to biennial; amend KRS 330.110 establish the conditions upon which the board can issue an emergency suspension of a license; amend KRS 330.120 to authorize the board to issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, or other evidence pursuant to investigations; amend KRS 330.210 to conform.

Bill Text

What changed in the latest version

183 added · 248 removed

183 line(s) added, 248 removed.

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UNOFFICIAL COPY 22 RS HB 436/GA AN ACT relating to auctioneer licensure.
CHAPTER 24 1 CHAPTER 24 ( HB 436 ) AN ACT relating to auctioneer licensure.
and (d) Successfully complete at least eighty (80) hours of approved classroom instruction from a board-approved auction education provider.
and (d) Successfully complete at least eighty (80) hours of approved classroom instruction from a board- approved auction education provider.
(4) An applicant for an auctioneer license who has previously held an auctioneer license which has been revoked, suspended, or which has expired without renewal may request, and the board may grant, a waiver of the requirement of possession of a Page 1 of 9 HB043610.100 - 1597 - XXXX GA UNOFFICIAL COPY 22 RS HB 436/GA current apprentice license.
(4) An applicant for an auctioneer license who has previously held an auctioneer license which has been revoked, suspended, or which has expired without renewal may request, and the board may grant, a waiver of the requirement of possession of a current apprentice license.
(b) A licensee who has not completed the required continuing education may, within the time period set forth in subsection (6) of this section, remit a fee established by administrative regulations promulgated by the board with the Page 2 of 9 HB043610.100 - 1597 - XXXX GA UNOFFICIAL COPY 22 RS HB 436/GA applicable renewal fees, and the continuing education reporting requirement shall be deferred to the next biennial[annual] renewal.
(b) A licensee who has not completed the required continuing education may, within the time period set forth in subsection (6) of this section, remit a fee established by administrative regulations promulgated by the board with the applicable renewal fees, and the continuing education reporting requirement shall be deferred to the next biennial[annual] renewal.
If the licensee fails to meet the continuing education requirement for the next biennial[annual] renewal, the licensee shall successfully complete the examination before renewal of his or her license.
If the licensee fails to meet the continuing education Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY requirement for the next biennial[annual] renewal, the licensee shall successfully complete the examination before renewal of his or her license.
The board may require all licensees to complete a six (6) hour board- approved core course once every four (4) years, that includes the core subjects of Kentucky auction statutes and regulations, ethics, and any other subject matter deemed appropriate by the board.
The board may require all licensees to complete a six (6) hour board-approved core course once every four (4) years, that includes the core subjects of Kentucky auction statutes and regulations, ethics, and any other subject matter deemed appropriate by the board.
[(c) A license or pocket license shall be replaced upon the request of the licensee and payment of a replacement fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.] (9) When an apprentice auctioneer is discharged or voluntarily terminates employment Page 3 of 9 HB043610.100 - 1597 - XXXX GA UNOFFICIAL COPY 22 RS HB 436/GA with the auctioneer for any reason:
[(c) A license or pocket license shall be replaced upon the request of the licensee and payment of a replacement fee established by administrative regulations promulgated by the board in accordance with KRS Chapter 13A.] (9) When an apprentice auctioneer is discharged or voluntarily terminates employment with the auctioneer for any reason:
Page 4 of 9 HB043610.100 - 1597 - XXXX GA UNOFFICIAL COPY 22 RS HB 436/GA Section 2.
Section 2.
(c)[(3)] Pursuing a continued and flagrant course of misrepresentation or intentionally making false promises or disseminating misleading information through agents or advertising or otherwise;
CHAPTER 24 3 (c)[(3)] Pursuing a continued and flagrant course of misrepresentation or intentionally making false promises or disseminating misleading information through agents or advertising or otherwise;
(g)[(7)] Entering a plea of guilty, an Alford plea, a plea of no contest to, or being convicted of:[,] Page 5 of 9 HB043610.100 - 1597 - XXXX GA UNOFFICIAL COPY 22 RS HB 436/GA 1.
(g)[(7)] Entering a plea of guilty, an Alford plea, a plea of no contest to, or being convicted of:[,] 1.
2.[(b)] Written purchase contracts;
2.[(b)]Written purchase contracts;
4.[(d)] Buyer registration records;
4.[(d)]Buyer registration records;
and Page 6 of 9 HB043610.100 - 1597 - XXXX GA UNOFFICIAL COPY 22 RS HB 436/GA 5.[(e)] Settlement records, including all moneys received and disbursed and escrow account activity;
and 5.[(e)] Settlement records, including all moneys received and disbursed and escrow account activity;
(o)[(15)] Failure of any licensee to deliver within thirty (30) days any auction- related information, including but not limited to advertisements, listing contracts, purchase contracts, clerking records, buyer registration records, settlement records, escrow account information, license, or any other auction- related information to the board or the board's designee upon request;
(o)[(15)] Failure of any licensee to deliver within thirty (30) days any auction-related information, including but not limited to advertisements, listing contracts, purchase contracts, clerking records, buyer registration records, settlement records, escrow account information, license, or any other auction- related information to the board or the board's designee upon request;
(1) The board may upon its own motion, and shall upon the verified written complaint of any person, investigate the actions of any licensee or any person who assumes to act as a licensee if the complaint, or complaint together with other evidence presented in connection with it, presents a prima facie case of a violation of this chapter.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (1) The board may upon its own motion, and shall upon the verified written complaint of any person, investigate the actions of any licensee or any person who assumes to act as a licensee if the complaint, or complaint together with other evidence presented in connection with it, presents a prima facie case of a violation of this chapter.
Page 7 of 9 HB043610.100 - 1597 - XXXX GA UNOFFICIAL COPY 22 RS HB 436/GA (c) Review evidence;
(c) Review evidence;
Page 8 of 9 HB043610.100 - 1597 - XXXX GA UNOFFICIAL COPY 22 RS HB 436/GA (a) The advertising requirements set forth in KRS 330.230(1), (2), and (7);
(a) The advertising requirements set forth in KRS 330.230(1), (2), and (7);
Page 9 of 9 HB043610.100 - 1597 - XXXX GA
Signed by Governor March 24, 2022.
View plain text versions (3)

Action History

  1. signed by Governor (Acts Ch. 24)

  2. delivered to Governor

  3. enrolled, signed by President of the Senate

  4. enrolled, signed by Speaker of the House

  5. received in House

  6. 3rd reading, passed 34-0

  7. posted for passage in the Consent Orders of the Day for Friday, March 18, 2022

  8. 2nd reading, to Rules as a consent bill

  9. reported favorably, 1st reading, to Consent Calendar

  10. to State & Local Government (S)

  11. to Committee on Committees (S)

  12. received in Senate

  13. 3rd reading, passed 95-0 with Committee Substitute (1)

  14. posted for passage in the Regular Orders of the Day for Monday, March 07, 2022

  15. 2nd reading, to Rules

  16. reported favorably, 1st reading, to Calendar with Committee Substitute (1)

  17. reassigned to State Government (H)

  18. to Licensing, Occupations, & Administrative Regulations (H)

  19. to Committee on Committees (H)

  20. introduced in House

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 137 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final passage HB 436

Passed 34 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 17002
Republican 16001
Democrat 1001
Total 34004
% of votes cast 89%0%0%11%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Hornback — Yea
Turner — Yea
Kerr — Yea
Schickel — Yea
Schroder — Yea
Castlen — Yea
McGarvey — Yea
Smith — Yea
Westerfield — Yea
Meredith — Yea
Thayer — Yea
Nemes — Yea
Thomas — Yea
Yates — Yea
Parrett — Yea
Embry — Not Voting
Southworth — Not Voting
Harper Angel — Yea
Gerald A. Neal Democrat Yea
Karen Berg Democrat Not Voting
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Donald Douglas Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Not Voting
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Yea
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Pass

Passed 95 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 50003
Unaffiliated 36003
Democrat 9000
Total 95006
% of votes cast 94%0%0%6%
How each member voted (101)
Member Party Vote
Meredith — Yea
Fischer — Yea
Santoro — Yea
Bechler — Yea
Jenkins — Yea
Scott — Yea
Bentley — Yea
Minter — Yea
Sheldon — Yea
Flood — Yea
Smith — Yea
Nemes — Yea
Koenig — Yea
Palumbo — Yea
Thomas — Yea
Graham — Yea
Pratt — Yea
Timoney — Yea
Prunty — Yea
Cantrell — Yea
Hatton — Yea
Massey — Yea
Raymond — Yea
Webber — Yea
Dixon — Yea
Heath — Yea
McCoy — Yea
Westrom — Yea
Wheatley — Yea
DuPlessis — Yea
Rowland — Yea
Burch — Not Voting
Donohue — Not Voting
COMMONWEALTH OF KENTUCKY SENATE — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Keturah J. Herron Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Yea
Nima Kulkarni Democrat Yea
Pamela Stevenson Democrat Yea
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Not Voting
Felicia Rabourn Republican Yea
James Tipton Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Michael Sarge Pollock Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Not Voting
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Yea
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
Timmy Truett Republican Not Voting
William Lawrence Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 436 do?
Amend KRS 330.070 to change the renewal period from annual to biennial; amend KRS 330.110 establish the conditions upon which the board can issue an emergency suspension of a license; amend KRS 330.120 to authorize the board to issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, or other evidence pursuant to investigations; amend KRS 330.210 to conform.
Who sponsors HB 436?
HB 436 is sponsored by David Meade (Republican).
What is the current status of HB 436?
This bill has been enacted into law. Introduced February 02, 2022. Enacted.
Where can I track HB 436?
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