_______________________________________________
SECOND
ENGROSSED SUBSTITUTE SENATE BILL 5610
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 2000 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 03/08/99.
Authorizing
the director of the department of licensing to impose a civil penalty for a
violation of chapter 46.70 RCW.
AN
ACT Relating to civil penalties levied by the department of licensing for
unlawful sale of used motor vehicles by unlicensed parties; amending RCW
46.70.115 and 46.70.028; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.70.115 and 1986 c 241 s 15 are each amended to read as follows:
(1)
If it appears to the director that a person has engaged or is about to engage
in an act or practice constituting a violation of this chapter, or a rule
adopted or an order issued under this chapter, the director may issue an order
directing the person to cease and desist from continuing the act or practice.
Reasonable notice of and opportunity for a hearing shall be given. The
director may issue a temporary order pending a hearing. The temporary order
shall remain in effect until ten days after the hearing is held and shall
become final if the person to whom the notice is addressed does not request a
hearing within fifteen days after receipt of the notice.
(2)
The director may levy and collect a civil penalty, in an amount not to exceed
one thousand dollars for each violation, against a person found by the director
to be curbstoning, as that term is defined in subsection (3) of this section.
A person against whom a civil penalty has been imposed must receive reasonable
notice and an opportunity for a hearing on the issue. The civil penalty is due
ten days after issuance of a final order.
(3) For the purposes of subsection (2) of this section,
"curbstoning" means a person or firm engaged in buying and offering
for sale, or buying and selling, five or more vehicles that are each less than
thirty years old in a twelve-month period without holding a vehicle dealer license.
For the purpose of subsections (1) and (2) of this section,
"curbstoning" does not include the sale of equipment or vehicles used
in farming as defined in RCW 46.04.183 and sold by a farmer as defined in RCW
46.04.182.
Sec. 2. RCW
46.70.028 and 1989 c 337 s 13 are each amended to read as follows:
Dealers who transact dealer business by consignment shall obtain a
consignment contract for sale and shall comply with applicable provisions of
chapter 46.70 RCW. The dealer shall place all funds received from the sale of
the consigned vehicle in a trust account until the sale is completed, except
that the dealer shall pay any outstanding liens against the vehicle from these
funds. Where title has been delivered to the purchaser, the dealer shall pay
the amount due a consignor within ten days after the sale. However, in the
case of a consignment from a licensed vehicle dealer from any state, the
wholesale auto auction shall pay the consignor within twenty days.
NEW SECTION. Sec. 3. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
