S-1324.1          _______________________________________________

                                 SENATE BILL 5686

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Vognild, Matson and Newhouse.

Read first time February 14, 1991.  Referred to Committee on Commerce & Labor. Requiring notice of auction sales by lot.

     AN ACT Relating to auctions; amending RCW 18.11.240; and creating a new section.

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

     Sec. 1.  RCW 18.11.240 and 1986 c 324 s 22 are each amended to read as follows:

     The following requirements shall apply to bidding at auctions:

     (1) An auctioneer conducting an auction ((and)) or an auction company where an auction is being held shall not bid on or offer to buy any goods or real property at the auction unless the auctioneer or the auction company discloses the name of the person on whose behalf the bid or offer is being made.

     (2) An auctioneer ((and)) or an auction company shall not use any method of bidding at an auction that will allow goods or real property to be purchased in an undisclosed manner on behalf of the auctioneer or auction company.

     (3) At a public auction conducted or supervised by an auctioneer or auction company, the auctioneer or auction company shall not fictitiously raise any bid, knowingly permit any person to make a fictitious bid, or employ or use another person to act as a bidder or buyer.

     (4) All goods or real property offered for sale at an auction shall be subject to a reserve or a confirmation from the owner or consignor unless otherwise indicated by the auctioneer or auction company.  Except as provided in this subsection, an auctioneer or auction company shall not use any method of bidding at an auction that allows the auctioneer or auction company to avoid selling any property offered for sale at auction.

     (5) A licensee who violates any provision of this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation.

NEW SECTION. Sec. 2.  Before the commencement of bidding on each sale by lot, the auctioneer or auction company shall explicitly notify the audience, orally, that the sale is by lot.