5610-S.E AMH .... AMH-4

ESSB 5610 - H AMD

By Representative

                                        ADOPTED AS AMENDED 4/13/99

    Strike everything after the enacting clause and insert the following:

    "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 receipt of the notice, or if a hearing is requested, within ten days after an order is entered upon a final adjudication of the issue.

(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.  An independent motor vehicle leasing company not otherwise doing business in the state or a motor vehicle dealer licensed by and located in any other state, either of which sells used motor vehicles at wholesale auctions to dealers licensed under this chapter or to dealers licensed by any other state, is not subject to taxes levied under chapter 82.04 RCW."

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