HOUSE BILL REPORT

                  HB 1869

                       As Passed House

                      February 15, 1994

Title:  An act relating to criminal possession of leased or rented machinery, equipment or motor vehicles.

Brief Description:  Failing to return leased or rented machinery, equipment or motor vehicles.

Sponsors:  Representative R. Meyers.

Brief History:

  Reported by House Committee on:

Judiciary, February 2, 1994, DP;

Passed House, February 15, 1994, 97-0.

HOUSE COMMITTEE ON JUDICIARY

Majority Report:  Do pass.  Signed by 15 members:  Representatives Appelwick, Chair; Johanson, Vice Chair; Padden, Ranking Minority Member; Ballasiotes, Assistant Ranking Minority Member; Campbell; Chappell; Eide; Forner; J. Kohl; Long; Morris; H. Myers; Schmidt; Scott and Tate.

Staff:  Pat Shelledy (786-7149).

Background:  A person is guilty of criminal possession of leased or rented machinery, equipment or a motor vehicle if:

(1)the value of the property exceeds $1,500; and

(2)the lessee:

(a)fails to return the property when due under the terms of a written agreement;

(b)is served by registered or certified mail at the lessee's last known address with a written demand to return the property within 72 hours; and

(c)willfully neglects to return the property within five business days from the date of service.

A violation of this law is a class C felony.

Summary of Bill:  A lessee who fails to return leased equipment, machinery or a motor vehicle as required under the terms of the lease and is 15 full business days late "in honoring the terms of the agreement" is guilty of a class C felony.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The provision will help with enforcement of the crime of failing to return leased property.

Testimony Against:  None.

Witnesses:  Rick Jensen, Washington State Patrol Troopers Association and Car and Truck Rental and Leasing Association (pro).