South Carolina General Assembly
107th Session, 1987-1988

Bill 2183

                    Current Status

Bill Number:               2183
Ratification Number:       286
Act Number                 199
Introducing Body:          House
Subject:                   Purebred livestock auctioneers and
                           tobacco auctioneers may be exempted from
                           examination and bonding requirements
View additional legislative information at the LPITS web site.

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A199, R286, H2183)

AN ACT TO AMEND SECTION 40-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUCTIONS AND AUCTIONEERS, SO AS TO PROVIDE THAT QUALIFIED PUREBRED LIVESTOCK AUCTIONEERS AND TOBACCO AUCTIONEERS MAY BE EXEMPTED FROM EXAMINATION AND BONDING REQUIREMENTS BUT NOT FROM LICENSING AND LICENSE FEE PROVISIONS AND TO PROVIDE THAT ALL SALES BY OWNERS ARE EXEMPT UNLESS THE GOODS TO BE SOLD WERE ACQUIRED FOR RESALE.

Be it enacted by the General Assembly of the State of South Carolina:

Exemptions from auction regulation

SECTION 1. Section 40-6-20 of the 1976 Code is amended to read:

"Section 40-6-20. This chapter applies to all auctions held in this State except the following sales:

(1) at auction conducted by the owner of all or any part of the goods being offered, or his attorney, unless the owner originally acquired the goods for the purpose of resale;

(2) at auction conducted by or under the direction of any public authority;

(3) at auction pursuant to a judicial order or in the settlement of a decedent's estate;

(4) required by law to be at auction;

(5) conducted by and on behalf of any charitable or religious organization if the person conducting the sale receives no compensation for conducting it;

(6) conducted by a trustee pursuant to a valid power of sale;

(7) sponsored by purebred livestock (beef cattle, swine, horses, and sheep) associations and purebred livestock breeder farm sales to the extent that purebred livestock auctioneers, upon proof to the commission that they are qualified purebred livestock auctioneers, are exempt from the examination and bonding requirement provided in this chapter for the purpose of conducting purebred livestock auctions, but not from the licensing and license fee provisions of this chapter;

(8) sponsored by tobacco auctioneers to the extent that tobacco auctioneers, upon proof to the commission that they are qualified tobacco auctioneers, are exempt from the examination and bonding requirement provided in this chapter for the purpose of conducting tobacco auctions, but not from the licensing and license fee provisions of this chapter."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.