S-4443               _______________________________________________

                                                   SENATE BILL NO. 6614

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Warnke and Lee

Read first time 1/27/88 and referred to Committee on  Economic Development & Labor.

AN ACT Relating to vessel dealer registration; and amending RCW 88.02.060.

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

        Sec. 1.  Section 19, chapter 7, Laws of 1983 as amended by section 1, chapter 149, Laws of 1987 and RCW 88.02.060 are each amended to read as follows:

          (1) Each vessel dealer in this state shall register with the department in the manner and upon forms prescribed by the department, in accordance with rules adopted under chapter 34.04 RCW.  After the completed vessel dealer application has been satisfactorily filed and the applicant is eligible as determined by the department's rules, the department shall, if no denial proceeding is in effect, issue the vessel dealer's registration on the basis of staggered annual expiration dates.

          (2) Before issuing a vessel dealer's registration, the department shall require the applicant to file with the department a surety bond in the amount of five thousand dollars, running to the state of Washington, and executed by a surety company authorized to do business in the state of Washington.  The bond shall be approved by the attorney general as to form and conditioned that the dealer shall conduct his business in conformity with the provisions of this chapter.  In lieu of the surety bond required by this section, the dealer may file with the department a deposit consisting of cash or other security acceptable to the department equal in amount to the amount of the bond otherwise required under this section.

          Any vessel consignor or purchaser who has suffered any loss or damage by reason of any act or omission by a dealer that constitutes a violation of this chapter may institute an action for recovery against the dealer and the surety upon the bond or other security filed by the dealer.  Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond.  Upon exhaustion of the penalty of the bond or cancellation of the bond by the surety, or exhaustion of the security filed by the dealer, the vessel dealer registration shall automatically be deemed canceled.

          (3) Vessel dealers selling fifteen vessels or fewer per year having a retail value of no more than two thousand dollars each shall not be subject to the provisions of subsection (2).

          (4) For the fiscal biennium from July 1, 1987, through June 30, 1989, the registration fee for dealers shall be fifty dollars per year for an original registration, and twenty-five dollars for any subsequent renewal.  In addition, a fee of twenty-five dollars shall be collected for the first decal, fifteen dollars for each additional decal, and fifteen dollars for each vessel dealer display decal replacement.  In ensuing biennia, the director shall establish the amount of such fees at a sufficient level to defray the costs of administering the vessel dealer registration program.  All such fees shall be fixed by rule adopted by the director in accordance with the Administrative Procedure Act, chapter 34.04 RCW.  All fees collected under this section shall be deposited with the state treasurer and credited to the general fund.