Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS

Commerce & Labor Committee

ESSB 5112


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Allowing auctioneers to auction vessels without registering as a vessel dealer.

Sponsors: Senate Committee on Labor, Commerce, Research & Development (originally sponsored by Senators Schoesler, Kohl-Welles, Rasmussen, Pridemore, Clements, Sheldon, Morton, Hatfield and Honeyford).

Brief Summary of Engrossed Substitute Bill
  • Allows auction companies also licensed as motor vehicle dealers to sell vessels up to 25 feet long without registering as a vessel dealer.

Hearing Date: 3/15/07

Staff: Joan Elgee (786-7106).

Background:

An auction company is any legal or commercial entity that sells goods or real estate at auction. Auction companies must obtain a license from the Department of Licensing (Department) by paying a registration fee, filing a surety bond or other security, and meeting other requirements. Auctioneers selling motor vehicles must also obtain a motor vehicle dealer license and those selling vessels must register as a vessel dealer.

A vessel dealer is a person, partnership, association, or corporation engaged in the business of selling watercraft in the state. Vessel dealers must register with the Department by paying a registration fee and filing a surety bond. Vessel dealer duties include making application for title and maintaining a record of all vessels purchased or consigned and sold by the vessel dealer.

Summary of Bill:

A licensed auction company that is also licensed as a motor vehicle dealer may auction all vessels that a vessel dealer may sell, without registering (pay fee and obtain bond) as a vessel dealer, so long as the sale of vessels is incidental to the auction company's primary source of business and the length of any vessel is no longer than 25 feet. The auction company must comply with the other requirements for vessel dealers, including rules adopted by the Department.

Rules Authority: The bill does not address the rule-making powers of an agency.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.