H-1240              _______________________________________________

                                                    HOUSE BILL NO. 652

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Todd, C. Smith, Madsen, Walker, R. King, Sanders, O'Brien, Nealey and P. King

Read first time 2/6/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to bonding and trust account requirements for auctioneers; and amending RCW 18.11.050.

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

        Sec. 1.  Section 5, chapter 205, Laws of 1982 as amended by section 2, chapter 324, Laws of 1986 and RCW 18.11.050 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Auctioneer" means an individual who calls bids at an auction.

          (2) "Auction" means a transaction conducted by means of exchanges between an auctioneer and the members of his or her audience, constituting a series of invitations for offers for the purchase of goods or real property made by the auctioneer, offers by members of the audience, and the acceptance of the highest or most favorable offer.

          (3) "Auction mart" means any fixed or established place designed, intended, or used for the conduct of auctions.

          (4) "Auction company" means a sole proprietorship, partnership, corporation, or other legal or commercial entity that sells or offers to sell goods or real estate at auction or arranges, sponsors, or manages auctions.  The term "auction company" shall exclude any sole proprietorship owned by an auctioneer licensed under this chapter ((whose gross annual sales do not exceed twenty-five thousand dollars)) and any partnership owned by auctioneers licensed under this chapter if the sole proprietorship or partnership has in effect a bond or other security approved by the director in the amount that would otherwise be required for an auction company under RCW 18.11.121.

          (5) "Department" means the department of licensing.

          (6) "Director" means the director of licensing.

          (7) "Person" means an individual, partnership, association, corporation, or any other form of business enterprise.

          (8) "Goods" mean wares, chattels, merchandise, or personal property owned or consigned, which may be lawfully kept or offered for sale.

          (9) "License" means state authority to operate as an auctioneer or auction company, which authority is conferred by issuance of a certificate of registration subject to annual renewal.

          (10) "Licensee" means an auctioneer or auction company registered under this chapter.