[atlas:bill]

AN ACT Relating to auctioneers; and amending RCW 18.11.070, 18.11.085, and 18.11.180.

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

Sec. 1. RCW 18.11.070 and 1999 c 398 s 1 are each amended to read as follows:

(1) It is unlawful for any person to act as an auctioneer or for an auction company to engage in any business in this state without a license.

(2) This chapter does not apply to:

(a) An auction of goods conducted by an individual who personally owns those goods and who did not acquire those goods for resale;

(b) An auction conducted by or under the direction of a public authority;

(d) An auction which is required by law to be at auction;

(e) An auction conducted by or on behalf of a political organization or a charitable corporation or association if the person conducting the sale receives no compensation;

(f) An auction of livestock or agricultural products which is conducted under chapter 16.65 or 20.01 RCW. Auctions not regulated under chapter 16.65 or 20.01 RCW shall be fully subject to the provisions of this chapter;

(g) An auction held under chapter 19.150 RCW;

(h) An auction of an abandoned vehicle under chapter 46.55 RCW; ((or))

(i) An auction of fur pelts conducted by any cooperative association organized under chapter 23.86 RCW or its wholly owned subsidiary. In order to qualify for this exemption, the fur pelts must be from members of the association. However, the association, without loss of the exemption, may auction pelts that it purchased from nonmembers for the purpose of completing lots or orders, so long as the purchased pelts do not exceed fifteen percent of the total pelts auctioned; or

(j) A real estate broker, licensed under chapter 18.85 RCW, when the broker is auctioning real property.

Sec. 2. RCW 18.11.085 and 1987 c 336 s 1 are each amended to read as follows:

(1) Every individual, before acting as an auctioneer, shall obtain an auctioneer certificate of registration. To be licensed as an auctioneer, an individual shall meet all of the following requirements:

((~~(1)~~)) (a) Be at least eighteen years of age or sponsored by a licensed auctioneer.

((~~(2)~~)) (b) File with the department a completed application on a form prescribed by the director.

((~~(3)~~)) (c) Show that the proper tax registration certificate required by RCW 82.32.030 has been obtained from the department of revenue.

((~~(4)~~)) (d) Pay the auctioneer registration fee required under the agency rules adopted pursuant to this chapter.

((~~(5)~~)) (e) Except as otherwise provided under RCW 18.11.121, file with the department an auctioneer surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter.

((~~(6)~~)) (f) Have no disqualifications under RCW 18.11.160.

(2) A person may act as an auctioneer without an auctioneer license if the person is either employed by, or is a contractor with, an auction company licensed under RCW 18.11.095.

Sec. 3. RCW 18.11.180 and 1986 c 324 s 14 are each amended to read as follows:

(1) It shall be unlawful for a licensed auctioneer or licensed auction company to pay compensation in money or otherwise to anyone not licensed under this chapter to render any service or to do any act forbidden under this chapter to be rendered or performed except by licensees. However, a licensed auction company may pay compensation to an employee or contractor acting in compliance with RCW 18.11.085(2).

(2) The department shall fine any person who violates this section five hundred dollars for the first offense and one thousand dollars for the second or subsequent offense. Furthermore, the violation of this section by any licensee shall be, in the discretion of the department, sufficient cause for license suspension or revocation.