SENATE BILL REPORT
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.

As Amended by House, April 3, 2007

Title: An act relating to auctioning vessels.

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 History:

Committee Activity: Labor, Commerce, Research & Development: 1/25/07, 2/1/07 [DPS].

Passed Senate: 3/05/07, 46-0.


SENATE COMMITTEE ON LABOR, COMMERCE, RESEARCH & DEVELOPMENT

Majority Report: That Substitute Senate Bill No. 5112 be substituted therefor, and the substitute bill do pass.Signed by Senators Kohl-Welles, Chair; Keiser, Vice Chair; Clements, Ranking Minority Member; Franklin, Holmquist and Murray.

Staff: Kathleen Buchli (786-7488)

Background: An auction company is a sole proprietorship, partnership, corporation, or other legal or commercial entity that sells goods or real estate at auction. Auction companies must be licensed with the Department of Licensing (DOL) and file a surety bond or deposit other security with DOL.

A vessel dealer is a person, partnership, association, or corporation engaged in the business of selling watercraft in the state. Vessel dealers must be registered and file a surety bond with DOL.

Summary of Engrossed Substitute Bill: A properly licensed auction company, also licensed as a motor vehicle dealer, may sell at auction all vessels that a vessel dealer is authorized to sell, without registering with DOL, so long as the sale of vessels is not the auction company's primary source of business. Auction companies that sell vessels at auction must comply with the other requirements of chapter 88.02 RCW, including rules adopted pursuant to that chapter. The length of any vessel sold must be no greater than 25 feet.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

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

Staff Summary of Public Testimony: PRO: This is the bill that was heard last year. It applies to dealers who are already licensed. This bill results in less paperwork for the people involved.

Persons Testifying: PRO: Senator Schoesler, prime sponsor.

House Amendment(s): Waives surety bond requirements. References to vessels and vessel dealer bonding are removed from the motor vehicle chapter.