S-1125               _______________________________________________

                                                   SENATE BILL NO. 5471

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State of Washington                               51st Legislature                              1989 Regular Session

By Senator Smith

Read first time 1/25/89 and referred to Committee on   Economic Development & Labor.

AN ACT Relating to automotive repair; and adding new sections to chapter 46.71 RCW.

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

NEW SECTION. Sec. 1.     Every garage keeper who, under any contract, expressed or implied, written or unwritten, furnishes any labor, material, or supplies shall have a lien upon any vehicle stored, maintained, supplied, or repaired by him or her for the proper charges due for the storage, maintenance, keeping, and repair, as well as for gasoline, electric current, or other accessories and supplies furnished or expenses bestowed or labor performed at the request or with the consent of the registered owner of the vehicle, whether such owner be a conditional sale vendee or a mortgagor remaining in possession or otherwise.  The garage keeper may detain the vehicle at any time it is in his or her possession within ninety days after performing the last labor or furnishing the last supplies for which the lien is claimed.  The lien, when the same is for labor and material furnished in making repairs upon a vehicle, shall have priority over all other liens upon the vehicle.  The lien shall become of no effect as against the holder of a chattel mortgage, conditional sales agreement, or other lien prior to the accrual of the lien upon the payment by the prior lien holder to the garage keeper of the amount of the lien, but not exceeding six hundred dollars, which payment shall then be added to the amount of the lien of the prior lien holder.

NEW SECTION. Sec. 2.     If the charges in section 1 of this act are not paid within forty-five days after personal service, or service by registered or certified mail addressed to the last known address of the registered owner of the vehicle, of a claim of lien together with an itemized statement of the account upon the registered owner of the vehicle, the garage keeper may sell the vehicle at public auction.  The sale shall be held not less than twenty days nor more than sixty days after the expiration of the forty-five day period.  Before any sale is held, the garage keeper shall give to the department and to any lien holder, as shown by the records of the department, and to the registered owner of the vehicle, not less than ten days' written notice of the time and place of the sale.  Notice to the department and the lien holders shall be given by first-class mail, addressed to the department, and to the address of the lien holders, as shown by the records of the department.  Notice to the registered owner of such vehicle shall be given personally or by certified mail, directly to the last known address of the registered owner.  The garage keeper may bid for and purchase the vehicle at the sale.  If the garage keeper directly or indirectly purchases the vehicle at the sale, the proceeds of the sale shall be considered to be either the amount paid by the garage keeper or the fair cash market value of the vehicle at the time of sale, whichever is the greater.  Any surplus received at the sale, after all charges of the garage keeper have been paid and satisfied and all costs of sale have been deducted, shall be returned to any lien holder who has given notice to the garage keeper of his or her claim of lien, before distribution of the proceeds of the sale is complete, and the balance shall be returned to the registered owner of the vehicle.

NEW SECTION. Sec. 3.     When used in this act the term "garage keeper" includes all persons who for hire or reward, publicly offer to store, maintain, keep, and repair automobiles and other vehicles and to furnish accessories and supplies for automobiles or other vehicles for the transportation of persons or merchandise upon and over the public streets and highways.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are each added to chapter 46.71 RCW.