CERTIFICATION OF ENROLLMENT

 

          SECOND ENGROSSED SUBSTITUTE SENATE BILL 5610

 

 

                   Chapter 131, Laws of 2000

 

 

                        56th Legislature

                      2000 Regular Session

 

 

USED MOTOR VEHICLE SALES--CURBSTONING--CONSIGNMENT SALES

 

 

 

                    EFFECTIVE DATE:  6/8/00

Passed by the Senate March 6, 2000

  YEAS 42   NAYS 1

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House March 1, 2000

  YEAS 90   NAYS 8

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND ENGROSSED SUBSTITUTE SENATE BILL 5610 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

 

 

Approved March 24, 2000 Place Style On Codes above, and Style Off Codes below.  

                                FILED          

 

 

           March 24, 2000 - 3:49 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

           SECOND ENGROSSED SUBSTITUTE SENATE BILL 5610

          _______________________________________________

 

                      AS AMENDED BY THE HOUSE

 

             Passed Legislature - 2000 Regular Session

 

State of Washington      56th Legislature     1999 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senators Prentice, Finkbeiner, T. Sheldon and Costa)

 

Read first time 03/08/99.

Authorizing the director of the department of licensing to impose a civil penalty for a violation of chapter 46.70 RCW.     


    AN ACT Relating to civil penalties levied by the department of licensing for unlawful sale of used motor vehicles by unlicensed parties; amending RCW 46.70.115 and 46.70.028; creating a new section; and prescribing penalties.

 

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

 

    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 issuance of a final order.

    (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.

 

    Sec. 2.  RCW 46.70.028 and 1989 c 337 s 13 are each amended to read as follows:

    Dealers who transact dealer business by consignment shall obtain a consignment contract for sale and shall comply with applicable provisions of chapter 46.70 RCW.  The dealer shall place all funds received from the sale of the consigned vehicle in a trust account until the sale is completed, except that the dealer shall pay any outstanding liens against the vehicle from these funds.  Where title has been delivered to the purchaser, the dealer shall pay the amount due a consignor within ten days after the sale.  However, in the case of a consignment from a licensed vehicle dealer from any state, the wholesale auto auction shall pay the consignor within twenty days.

 

    NEW SECTION.  Sec. 3.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


    Passed the Senate March 6, 2000.

    Passed the House March 1, 2000.

Approved by the Governor March 24, 2000.

    Filed in Office of Secretary of State March 24, 2000.