Auctioneers Letter by O6nZE9

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									Hello Ohio Auctioneer Members,

In recent months, the OAA learned by chance that Governor Kasich signed a Transportation Bill
titled HB 114 that will limit Auctioneers from selling construction equipment, unless the
Auctioneer follows these guidelines: an auction site of at least 90 acres in size and an auction
facility with over 60,000 square feet; who are primarily engaged in the business of selling large
construction and transportation equipment; and who generate at least $1,000,000.00 in gross
sales in Ohio may be licensed. As you know, very few Auctioneers meet this new and incredibly
high licensing standard.

The OAA Legislative Committee has been working diligently for a resolution. Attorney John
Oberle was hired to give the Committee a legal analysis of the language and prepare letters to the
Speaker of the House, Senate President and Transportation Committee members to have the
language in the Bill amended.

It is now time for your help. Every Auctioneer in the State is being asked to write a letter to
your Senator or Representative explaining HB 114 and the actions that need to be taken. Your
support is critical as time is of the essence. HB 114 will become effective on June 29, 2011.

In addition to the support letters, the association is asking for your help in donating to the cause
to help cover legal fees. Donations should be made in the form of a check payable to the OAA
and noted “Legal Services” and mailed to: OAA, 17 South High Street, Suite 200, Columbus,
OH 43215.

Your timeliness for making contact to your Senator or Representative is necessary.

   1. Visit http://www.legislature.state.oh.us/ to identify your Senator and/or Representative
      and their contact information.
   2. Use the template letter below, copy and paste it on to your company letterhead and mail
      and/or email it before June 29, 2011.


Date

The Honorable Senator / Representative . . .
Ohio House of Representatives / Ohio Senate
77 South High Street / Statehouse
Columbus, OH 43215

       Re:     Amendment Needed Regarding Ohio’s Large Construction Equipment
               Auctioneer Licensing Standards Put in H.B. 114

Dear Representative / Senator . . .    :

As a licensed Auctioneer and a member of the Ohio Auctioneers Association, I write to urge you
to reverse recent changes to Ohio’s auctioneer licensing requirements that operate to unjustly
grant a monopoly to one company over all large construction equipment auctions in this State.
Not only do these new licensing requirements severely harm members of our Association, but
they are also very likely unconstitutional under the Ohio Constitution’s uniformity provision.
For these reasons, I ask that you reverse the new licensing requirements enacted as part of HB
114 by enacting the enclosed proposed amendments to Ohio Rev. Code Ch. 4517.

A. Background

Recent amendments to Ohio Rev. Code Ch. 4517 (“Amendments”) will impose new and onerous
burdens on auctioneers who wish to deal in large construction equipment once H.B. 114 takes
effect 6/29/11. Specifically, these Amendments severely limit who can be licensed to auction
large construction equipment by requiring that only those individuals: (1) with an auction site of
at least 90 acres in size and an auction facility with over 60,000 square feet; (2) who are
primarily engaged in the business of selling large construction and transportation equipment; and
(3) who generate at least $1,000,000.00 in gross sales in Ohio may be licensed. Ohio Rev. Code
§ 4517.16. Very few auctioneers (indeed, perhaps as few as one) meet this new and incredibly
high licensing standard.

Prior to these Amendments, Ohio’s existing law permitted and regulated all licensed auctioneers
to conduct large construction and transportation equipment auctions. Ohio Rev. Code
§ 4715.02’s new standards operate as an exception and limitation to the general auctioneer
license set forth in Ohio Rev. Code § 4707.02 by carving out one specific type of auction for
additional regulation.

B. The recent amendments to Ohio Rev. Code Ch. 4517 violate the Ohio Constitution’s
requirement of uniformity.

As you can see from the enclosed letter received from legal counsel for the Ohio Auctioneers
Association, I believe it is very likely Ohio Rev. Code § 4715.16 and related provisions, as
recently amended, violate the Ohio Constitution’s uniformity clause and would be struck down
as unconstitutional if challenged.

I understand that this may not have been the intent of the legislature. That is why I urge you to
work to enact the enclosed amendments to Chapter 4517 to authorize auctioneers licensed under
Chapter 4707 of the Revised Code to continue to auction large construction or transportation
equipment without the need for redundant and discriminatory license requirements. Please call
me at ( ) -           if I can be of any assistance or can answer questions. I appreciate your
consideration of this request.


                                                    Very truly yours,


                                                    MEMBER

Enclosure

								
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