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                                                   SENATE BILL NO. 3167

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                                        AS AMENDED BY THE FREE CONFERENCE COMMITTEE

                                                                            C 358 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge, Hayner and DeJarnatt

Read first time 1/21/85 and referred to Committee on Judiciary.

AN ACT Relating to timeshares; and amending RCW 64.36.010, 64.36.902 and 64.36.903.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 22, Laws of 1983 1st ex. sess. and RCW 64.36.010 are each amended to read as follows:

          As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

          (1)  "Advertisement" means any written, printed, audio, or visual communication which is published in whole or part to sell, offer to sell, or solicit an offer for a timeshare.

          (2)  "Affiliate of a promoter" means any person who controls, is controlled by, or is under the control of a promoter.

          (3)  "Director" means the director of licensing.

          (4)  "Interval" means that period of time when a timeshare owner is entitled to the possession and use of the timeshare unit.

          (5)  "Offer" means any inducement, solicitation, or attempt to encourage any person to acquire a timeshare.  An offer is made in this state if the offer originates in this state or the principal timeshare property is located in this state.

          (6)  "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity.

          (7)  "Promoter" means any person directly or indirectly instrumental in organizing, wholly or in part, a timeshare offering.

          (8)  "Purchaser" means any person, other than a promoter, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare, other than as security for an obligation.

          (9)  "Sale" or "sell" includes every contract of sale of, contract to sell, or disposition of, a timeshare for value.

          (10)  "Timeshare" means a right to occupy a unit or any of several units during ((five)) three or more separate time periods over a period of at least ((five)) three years, including renewal options, whether or not coupled with an estate in land.

          (11)  "Timeshare expenses" means expenditures, fees, charges, or liabilities:  (a)  Incurred with respect to the timeshares by or on behalf of all timeshare owners in one timeshare property; and (b)  imposed on the timeshare units by the entity governing a project of which the timeshare property is a part, together with any allocations to reserves but excluding purchase money payable for timeshares.

          (12)  "Timeshare instrument" means one or more documents, by whatever name denominated, creating or regulating timeshares.

          (13)  "Timeshare owner" means a person who is an owner or co-owner of a timeshare.  If title to a timeshare is held in trust, "timeshare owner" means the beneficiary of the trust.

          (14)  "Timeshare salesperson" means any natural person who offers a timeshare unit for sale.

          (15)  "Unit" means the real or personal property, or portion thereof, in which the timeshare exists and which is designated for separate use.

        Sec. 2.  Section 36, chapter 22, Laws of 1983 1st ex. sess. and RCW 64.36.902 are each amended to read as follows:

          This act shall take effect August 1, 1983 and shall terminate June 30, ((1987)) 1989 as provided in RCW 64.36.903.

        Sec. 3.  Section 37, chapter 22, Laws of 1983 1st ex. sess. and RCW 64.36.903 are each amended to read as follows:

          Sections 1 through 35, chapter 22, Laws of 1983 1st ex. sess., as now existing or hereafter amended, and corresponding RCW sections are each repealed, effective June 30, ((1987)) 1989.