C Mmittee Report REGULAR CALENDAR
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C mmittee Report REGULAR CALENDAR April 26, 2018 HOUSE OF REPRESENTATIVES REPORT OF COMMITTEE The Committee on Commerce and Consumer Affairs to which was referred SB 316, AN ACT relative to the regulation of online auctions. Having considered the same, report the same with the recommendation that the bill OUGHT TO PASS. R p Michael Costable FOR THE COMMITTEE Original: House Clerk Cc: Committee Bill File COMMITTEE REPORT Committee: Commerce and Consumer Affairs Bill Numbei.:. Sl3 316 Title: relative to the regulation of online auctions. Date: April 26, 2018 Consent Calendar: REGULAR Recommendati9 OUGHT TO PASS STATEMENT OF INTENT This bill exempts internet auctions from the requirements of RSA 311-B, the Auctioneers' Practice Act. Under current law anyone that lists items online at popular web sites (like eBay) must obtain an auctioneer's license, unless they are selling their own personal property, however, personal property obtained for the purpose of re-selling also requires an auctioneer's license. Forty three states do not regulate online auctions and 23 states do not regulate auctioneers, including New York and California. To qualify in New Hampshire for an auctioneer's license one must either go to auctioneer's school or apprentice for a minimum of six months and the apprenticeship must include activities such as bid calling and running etc, then one must register for a $75 exam, pay a $200 fee for a two year license and be bonded for minimum of $25,000. The majority on the committee felt that this process is overly burdensome, unnecessary and unenforceable to any significant degree. Vote 11-6. Rep. Michael Costable FOR THE COMMITTEE Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR Commerce and Consumer Affairs SB 316, relative to the regulation of online auctions. OUGHT TO PASS. Rep. Michael Costable for Commerce and Consumer Affairs. This bill exempts internet auctions from the requirements of RSA 311-B, the Auctioneers' Practice Act. Under current law anyone that lists items online at popular web sites (like eBay) must obtain an auctioneer's license, unless they are selling their own personal property, however, personal property obtained for the purpose of re- selling also requires an auctioneer's license. Forty three states do not regulate online auctions and 23 states do not regulate auctioneers, including New York and California. To qualify in New Hampshire for an auctioneer's license one must either go to auctioneer's school or apprentice for a minimum of six months and the apprenticeship must include activities such as bid calling and running etc, then one must register for a $75 exam, pay a $200 fee for a two year license and be bonded for minimum of $25,000. The majority on the committee felt that this process is overly burdensome, unnecessary and unenforceable to any significant degree. Vote 11-6. Original: House Clerk Cc: Committee Bill File Stapler, Carol From: Costable, Michael Sent: Wednesday, April 11, 2018 9:01 AM To: Hunt, John; Stapler, Carol Subject: Blurb 316 exempt auctions SB316 This bill exempts internet auctions from the requirements of RSA 311-B. Under current law anyone that lists items online at popular websites (like ebay) must register for an auctioneer's license, unless it is their own personal property, however, personal property obtained for the purpose of re-selling also requiresicense. 43 states do not regulate online auctions and 23 states do not regulate Auctioneers, including New York and California. To qualify in New Hampshire for an auctioneers license one must either go to auctioneer's school or apprentice for a minimum of six months and the apprenticeship must include activities such as bid calling and running etc, then one must register for an exam with a cost of $75 per, pay a $200 fee for a two year license and be bonded for minimum of $25,000. The majority on the committee felt that this process is overly burdensome, unnecessary and unenforceable to any significant degree. 1 Voting Sheets HOUSE COMMITTEE ON COMMERCE AND CONSUMER AFFAIRS EXECUTIVE SESSION on SB 316 BILL TITLE: relative to the regulation of online auctions. DATE: April 10, 2018 LOB ROOM: 302 MOTIONS: OUGHT TO PASS Moved by Rep. Costable Seconded by Rep. Plumer Vote: 11-6 CONSENT CALENDAR: NO Statement of Intent: Refer to Committee Report Respectfully submitted, Rep Valerie Fraser, Clerk HOUSE COMMITTEE ON COMMERCE AND CONSUMER AFFAIRS EXECUTIVE SESSION on SB 316 BILL TITLE: relative to the regulation of online auctions. DATE: LOB ROOM: 302 MOTION: (Please check one box) OTP ❑ lTL 0 Retain (1st year) n Adoption of Amendment # 0 Interim Study (2nd year) (if offered) Moved by Rep. Co Seconded by Rep. p rYv r Vote: MOTION: (Please check one box) ❑ OTP 0 OTP/A E ITL 0 Retain (1" year) El Adoption of Amendment # [I Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: MOTION: (Please check one box) O OTP ❑ OTP/A ❑ ITL E Retain (1st year) El Adoption of Amendment # 0 Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: MOTION: (Please check one box) ❑ OTP 0 OTP/A 0 ITL El Retain (1st year) LI Adoption of Amendment # 0 Interim Study (2nd year) (if offered) Moved by Rep. Seconded by Rep. Vote: CONSENT CALENDAR: YES NO Minority Report? Yes LNo If yes, author, Rep: Motion Respectfully submitted: A 44"--4---- Rep-\? alerie Fraser, Clerk STATE OF NEW HAMPSHIRE 1/5/2018 10:27:29 AM • OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION COMMERCE Bill #: .26 . Title: 6-0;. eke PH Date: Exec Session Date: T / Motion: v-179 Amendment #: MEMBER YEAS NAYS Hunt, John B. Chariman . V/ Biggie, Barbara Vice Chairman Fraser, Valerie Clerk Fromuth, Bart — Sanborn, Laurie J. Ferreira, Elizabeth V Osborne Jason M. V/ Costable, Michael V/ Plumer, John R. V Schwaegler, Vicki \I Panasiti, Reed A. Butler, Edward A. 7- Gidge, Kenneth N. — . / Williams, Kermit R. ,/ Abel, Richard M. 1// Luneau, David k/ McBeath, Rebecca ____ Bartlett, Christy D. —17 Fontneau, Timothy — Van Houten, Connie li7 TOTAL VOTE: VN\ Page: 1 of 1 Sub-Committee Minutes HOUSE COMMITTEE ON COMMERCE AND CONSUMER AFFAIRS SUBCOMMITTEE WORK SESSION on SB 316 BILL TITLE: relative to the regulation of online auctions. DATE: April 3, 2018 Subcommittee Members: Reps. Sanborn, Ferreira, Costable, Plumer, Panasiti, Butler, Williams, Abel, Bartlett and Van Houten Comments and Recommendations: MOTIONS: OUGHT TO PASS Moved by Rep. Rep. Costable Seconded by Rep. Rep. Plumer Vote: 5-4 Respectfully submitted, Rep. Laurie Sanborn Subcommittee Chairman HOUSE COMMITTEE ON COMMERCE AND CONSUMER AFFAIRS SUBCOMMITTEE WORK SESSION on SB 316 BILL TITLE: relative to the regulation of online auctions. DATE: Subcommittee Members: Reps. Hunt, Biggie, Fraser, Fromuth, Sanborn, F91-JLejx4., Osborne, Costable. Plumer, Schwaegler, Panasiti, Butler, Gidge, Williams, Abel, Luneau, McBeath, Bartlett, frontiTea7 and Van Houten Comments and Recommendations: MOTIONS: TP/A, ITL, Retained (1st Yr), Interim Study (2nd Yr) (Please circle one) Moved by Rep. Seconded by Rep. W'filline{: AM Vote: 5 — Adoption of Amendment # Moved by Rep. Seconded by Rep. Vote: Amendment Adopted Amendment Failed MOTIONS: OTP, OTP/A, ITL, Retained (1st Yr), Interim Study (2nd Yr) (Please circle one) Moved by Rep. Seconded by Rep. AM Vote: Adoption of Amendment # Moved by Rep. Seconded by Rep. Vote: Amendment Adopted Amendment Failed Respectfully submitted, Rep. Subcommittee Chairman/Clerk Hearing Minutes HOUSE COMMITTEE ON COMMERCE AND CONSUMER AFFAIRS PUBLIC HEARING ON SB 316 BILL TITLE: relative to the regulation of online auctions. DATE: March 28, 2018 LOB ROOM: 302 Time Public Hearing Called to Order: 2:29 pm Time Adjourned: 3:30 pm mtratee Members: Reps un Fraser, Fromut sborne, Costabl i, Plumer, Schwae Je-r- asie utle Gidge, Williams McBeath, Bartlett, Fontneau and n Hou en Bill Sponsors: Sen. French Sen. Reagan TESTIMONY * Use asterisk if written testimony and/or amendments are submitted. SB 316 Clerk's Notes Barbara Biggie *Sen. Harold French, licensed auctioneer - The NH Auctioneers state how this bill would be dangerous to consumers. Consumer protections are in place. This organization believes it can regulate online sales at auction sites. 42 states don't regulate auctions. There are several avenues to sell you belongings, including online auctions. One complaint received last year. The regulatory board says using online methods, e.g. using eBay's "auction" choice, they should be an auctioneer. Currently can use online site, not have control of merchandise and money, it's permissable. Selling own goods online at auction: personal goods. 311-13:h any person who buys goods to sell online, have to be licensed. At my auction, buying and then selling later, need to be licensed. Q: Rep. Richard Able - Would you like to eliminate licensing requirement all together? A: Yes, this bill would be a good start. Don't regulate online commerce. Anyone from Maine or Vermont can come to NH and take back to sell online. Eric Forcier & Adrian LaRochelle, Secv of State's Office - supports the bill Checked neighboring states. ME specific; MA doesn't regulate: Vt hasn't answered yet. Business friendly. Not far from exemption in existing law. Bill would allow possession of items. Q: Rep. Ed Butler exception B:13-5 ? A. yes, section 4 selling own goods *Aile Byers, NH Auctioneers, President & Bob Best, NH Auctioneers Assoc. NHAA Atty Sullowav - Opposes. Looked at consignment shops complaints presented. Q: Rep. Abel - Absent licensure there's no protection 'or the consumer? What does the owner of the goods do? A: Contact NH Board of Auctioneers' board to make a finding. The auctioneer is bonded and can deal with that. And, consumer protection division at the Attorneys General office.