SB 890 West Virginia Senate · 2025 Regular Session

Relating to auctioneers

SB 890 amends West Virginia's auctioneer licensing laws to update regulations for licensed auctioneers and auction firms. It raises the required bond amount for auctioneers, mandates that fees be set by legislative rule, and extends the period an apprentice auctioneer may operate after a license expires. The bill also clarifies that complaint investigations and hearing procedures must follow specific steps, removes the licensing board's authority to screen applicants using records, and directs civil penalties to the Department of Agriculture. These changes directly affect licensed auctioneers, auction firms, and the Department of Agriculture's enforcement processes.

Bill status passed 3 of 5 stages cleared

Introduction

Mar 2025

Committee Review

Apr 2025

Senate Passage

Mar 2025

House of Delegates Passage

Governor

Introduced Mar 24, 2025 Last action Apr 1, 2025

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 8 edits

MODERATE

This bill updates West Virginia's auctioneer laws by clarifying definitions, raising bond requirements from $10,000 to $25,000 for auctioneers, extending the grace period after license expiration from 20 to 30 days, adding new exemptions for online platforms, and requiring more detailed written contracts. It also establishes new rules for background checks, board member compensation, and civil penalties payable to the Department of Agriculture.

Scope change

The bill expands the scope of exemptions to include online platforms with fixed-time sales and adds fiduciaries of estates as a new exception to licensing requirements. It also clarifies jurisdictional boundaries for when an auction is considered 'in this state'.

REQUIREMENT

Bond requirement increased from $10,000 to $25,000 for auctioneers and from $5,000 to $10,000 for apprentice auctioneers.

New requirement for written contracts between auctioneers and sellers with specific disclosures including fees, payment terms, and responsibility for unsold items.

Background check requirements added with restrictions on when criminal convictions can disqualify applicants and provisions for petitioning to overcome disqualifications.

Board members of the review board now entitled to expense reimbursement rather than receiving no compensation.

TIMELINE

Grace period after license expiration extended from 20 days to 30 days for both auctioneers and apprentice auctioneers.

ELIGIBILITY

New exemptions added for online platforms with fixed-time sales and for fiduciaries of estates selling estate property.

ENFORCEMENT

Civil penalties now payable to the Department of Agriculture rather than the state generally, with clearer assessment criteria.

DEFINITION

Definition of 'in this state' expanded to include auctions where the auctioneer delivers purchased property to West Virginia.

Floor votes · Senate Mar 31, 2025

How they voted

33–0

Passed

Total votes 33

Mar 31, 2025

D Democratic2

2 Yea

100% Yea

R Republican31

31 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Apr 1, 2025

Committee

To House Government Organization

lower

Apr 1, 2025

Committee

To Government Organization

lower

Apr 1, 2025

Introduced

Introduced in House

lower

Mar 31, 2025

Upper · Passed

Passed Senate (Roll No. 253)

upper

Mar 27, 2025

Upper · Passed

Committee substitute reported, but first to Finance

upper

Mar 24, 2025

Committee

To Government Organization

upper

Mar 24, 2025

Introduced

Introduced in Senate

upper

Mar 24, 2025

Committee

To Government Organization then Finance

upper

1 primary · 0 co-sponsors