BILL REQ. #:  H-2307.1 

READ FIRST TIME 03/03/09.   

     AN ACT Relating to requiring the availability of child restraint systems by rental car businesses; amending RCW 46.87.023; and providing an effective date.

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

Sec. 1   RCW 46.87.023 and 1994 c 227 s 2 are each amended to read as follows:
     (1) Rental car businesses must register with the department of licensing. This registration must be renewed annually by the rental car business.
     (2) Rental cars must be titled and registered under the provisions of chapters 46.12 and 46.16 RCW. The vehicle must be identified at the time of application with the rental car company business number issued by the department.
     (3) Use of rental cars is restricted to the rental customer unless otherwise provided by rule.
     (4) The department may suspend or cancel the exemptions, benefits, or privileges granted under this section to a rental car business that violates the laws of this state relating to the operation or registration of vehicles or rules lawfully adopted thereunder. The department may initiate and conduct audits, investigations, and enforcement actions as may be reasonably necessary for administering this section.
     (5) Rental car businesses must at all times have a sufficient number of child restraint systems, as defined in RCW 46.61.687, available to meet the reasonably expected demand by rental car customers. The requirement for the availability of a sufficient number of child restraint systems may be met through contractual agreements between rental car businesses regarding the shared use of child restraint systems, so long as the child restraint systems are provided to rental car customers in a timely manner. If a child restraint system has been reserved and is not available in a timely manner, as determined by the rental car customer, but in no case less than one hour after the arrival of the customer at the location where the customer receives the vehicle or vehicles, (a) the customer may cancel any reservation or other agreement for the rental of the vehicle or vehicles, (b) any costs or penalties associated with the cancellation are void, and (c) the customer is entitled to a full refund of any costs associated with the rental of the vehicle or vehicles.
     (6) The department shall adopt such rules as may be necessary to administer and enforce the provisions of this section.

NEW SECTION.  Sec. 2   This act takes effect January 1, 2010.