HLS 10RS-1498 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 689
BY REPRESENTATIVE BALDONE
AUCTIONS/AUCTIONEERS: Provides for fraudulent practices during an auction
AN ACT1
To amend and reenact R.S. 37:3129(C) and to enact R.S. 37:3129(D), (E), (F), (G), and (H),2
relative to auctions; to prohibit an auctioneer from accepting a bid from a person he3
knows to be placing a false bid or offer to buy with the intent to inflate the bid4
amounts; to prohibit an auctioneer from making a false claim during an auction that5
there is a higher bid or offer to buy with the intent to inflate the bid amounts; to6
provide that no auctioneer shall request a person to place any false bid or false offer7
to buy with the intent to inflate the bid amounts; to require the Louisiana Auctioneers8
Licensing Board to revoke the license of any licensee who violates the provisions9
prohibiting false bids; to provide that violations shall be punishable by a fine of ten10
thousand dollars and imprisonment, with or without hard labor, for not less than one11
year nor more than five years; to require that at least one year shall be served without12
benefit of probation, parole, or suspension of sentence; and to provide for related13
matters.14
Be it enacted by the Legislature of Louisiana:15
Section 1. R.S. 37:3129(C) is hereby amended and reenacted and R.S. 37:3129(D),16
(E), (F), (G), and (H) are hereby enacted to read as follows: 17
ยง3129. Shills; prohibited acts; penalties 18
* * *19 HLS 10RS-1498 ORIGINAL
HB NO. 689
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. No person acting as auctioneer shall accept a bid from a person he knows1
to be a "capper", "booster", or "shill" or he knows is placing a false bid or offer to2
buy with the intent to inflate the bid amounts.3
D. No person acting as an auctioneer shall make a false claim during an4
auction that there is a higher bid or offer to buy with the intent to inflate the bid5
amounts. 6
E. No person acting as auctioneer shall request a person to act as a "capper",7
"booster", or "shill" or to place any false bid or make any false offer to buy with the8
intent to inflate the bid amounts.9
F. Nothing in this Part shall be construed to prohibit the taking of bids in any10
auction sale by telephone or by other electronic means.11
G. The board shall revoke the license of any licensee who violates this12
Section.13
H. Violations of this Section shall be punishable by a fine of ten thousand14
dollars and imprisonment, with or without hard labor, for not less than one year nor15
more than five years. At least one year shall be served without benefit of probation,16
parole, or suspension of sentence.17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Baldone HB No. 689
Abstract: Prohibits an auctioneer from accepting a bid from a person he knows to be
placing a false bid or offer to buy with the intent to inflate the bid amounts.
Prohibits an auctioneer from making a false claim during an auction that there is a
higher bid or offer to buy with the intent to inflate the bid amounts. Prohibits an
auctioneer from requesting a person to place any false bid or false offer to buy with
the intent to inflate the bid amounts. Requires the La. Auctioneers Licensing Board
to revoke the license of any licensee who violates the provisions prohibiting false
bids. Provides that violations shall be punishable by a fine of $10,000 and
imprisonment, with or without hard labor, for not less than one year nor more than
five years, with at least one year served without benefit of probation, parole, or
suspension of sentence.
Proposed law provides that no person acting as auctioneer shall accept a bid from a person
he knows to be a "capper", "booster", or "shill" or he knows is placing a false bid or offer
to buy with the intent to inflate the bid amounts. HLS 10RS-1498 ORIGINAL
HB NO. 689
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that no person acting as an auctioneer shall make a false claim during
an auction that there is a higher bid or offer to buy with the intent to inflate the bid amounts.
Proposed law provides that no person acting as auctioneer shall request a person to act as a
"capper", "booster", or "shill" or to place any false bid or make any false offer to buy with
the intent to inflate the bid amounts.
Proposed law requires the La. Auctioneers Licensing Board to revoke the license of any
licensee who violates proposed law.
Proposed law provides that violations of proposed law shall be punishable by a fine of
$10,000 and imprisonment, with or without hard labor, for not less than one year nor more
than five years.
Proposed law requires at least one year shall be served without benefit of probation, parole,
or suspension of sentence.
(Amends R.S. 37:3129(C); Adds R.S. 37:3129(D), (E), (F), (G), and (H))