AN ACT Relating to motor vehicle wreckers; amending RCW 46.80.030, 46.80.040, 46.80.050, 46.80.090, 46.80.130, and 46.80.150; and repealing RCW 46.80.060.

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

Sec. 1. Section 46.80.030, chapter 12, Laws of 1961 as last amended by section 193, chapter 158, Laws of 1979 and RCW 46.80.030 are each amended to read as follows:

Application for a motor vehicle wrecker's license or renewal of a vehicle wrecker's license shall be made on a form for this purpose, furnished by the department of licensing, and shall be signed by the motor vehicle wrecker or his authorized agent and shall include the following information:

(1) Name and address of the person, firm, partnership, association or corporation under which name the business is to be conducted;

(2) Names and residence address of all persons having an interest in the business or, if the owner is a corporation, the names and addresses of the officers thereof;

(3) Certificate of approval of ((~~the chief of police of any city or town having a population of over five thousand persons and in all other instances~~)) a member of the Washington state patrol certifying that:

(a) The applicant has an established place of business at the address shown on the application, and;

(b) In the case of a renewal of a vehicle wrecker's license, the applicant has been complying with the provisions of this chapter, as now or hereafter amended, and the provisions of Title 46 RCW, relating to registration and certificates of title: PROVIDED, That the above certifications in any instance can be made by an authorized representative of the department of licensing;

(4) Any other information that the department may require.

Sec. 2. Section 46.80.040, chapter 12, Laws of 1961 as last amended by section 3, chapter 7, Laws of 1971 ex. sess. and RCW 46.80.040 are each amended to read as follows:

Such application, together with a fee of ((~~twenty-five dollars, and a surety bond as hereinafter provided~~)) five hundred dollars and a surety bond as provided in RCW 46.80.070, shall be forwarded to the department. Upon receipt of the application the department shall, if the application be in order, issue a motor vehicle wrecker's license authorizing him to do business as such and forward the fee, together with an itemized and detailed report, to the state treasurer, to be deposited in the motor vehicle fund. Upon receiving the certificate the owner shall cause it to be prominently displayed in his place of business, where it may be inspected by an investigating officer at any time.

Sec. 3. Section 46.80.050, chapter 12, Laws of 1961 as last amended by section 7, chapter 109, Laws of 1985 and RCW 46.80.050 are each amended to read as follows:

A license issued on this application shall remain in force until suspended or revoked and may be renewed annually upon reapplication according to RCW 46.80.030 and upon payment of a fee of ((~~ten~~)) one hundred dollars. Any motor vehicle wrecker who fails or neglects to renew his license before the assigned expiration date shall be required to pay the fee for an original motor vehicle wrecker license as provided in this chapter.

Whenever a motor vehicle wrecker ceases to do business as such or his license has been suspended or revoked, he shall immediately surrender such license to the department.

Sec. 4. Section 46.80.090, chapter 12, Laws of 1961 as last amended by section 194, chapter 158, Laws of 1979 and RCW 46.80.090 are each amended to read as follows:

Within thirty days after a vehicle has been acquired by the motor vehicle wrecker it shall be the duty of such motor vehicle wrecker to furnish a written report to the department on forms furnished by the department. This report shall be in such form as the department shall prescribe and shall be accompanied by the certificate of title, if the vehicle has been last registered in a state which issues a certificate, or a record of registration if registered in a state which does not issue a certificate of title. No motor vehicle wrecker shall acquire a vehicle without first obtaining such record or title. It shall be the duty of the motor vehicle wrecker to furnish a monthly report of all vehicles wrecked, dismantled, disassembled, or substantially changed in form by him. This report shall be made on forms prescribed by the department and contain such information as the department may require. This statement shall be signed by the motor vehicle wrecker or his authorized representative ((and the facts therein sworn to before a notary public, or before an officer or employee of the department of licensing designated by the director to administer oaths or acknowledge signatures, pursuant to RCW 46.01.180)).

Sec. 5. Section 46.80.130, chapter 12, Laws of 1961 as last amended by section 9, chapter 7, Laws of 1971 ex. sess. and RCW 46.80.130 are each amended to read as follows:

It ((~~shall be~~)) is unlawful for any motor vehicle wrecker to keep any motor vehicle or any integral part thereof in any place other than the established place of business, designated in the certificate issued by the department, without permission of the department. All premises containing such motor vehicles or parts thereof shall be enclosed by a wall or fence of such height as to obscure the nature of the business carried on therein. To the extent reasonably necessary or permitted by the topography of the land, the department shall have the right to establish specifications or standards for ((~~said~~)) the fence or wall((~~: PROVIDED, HOWEVER, That such~~)). The wall or fence shall be painted or stained a neutral shade which shall blend in with the surrounding premises, and ((~~that such~~)) the wall or fence must be kept in good repair. A living hedge of sufficient density to prevent a view of the confined area may be substituted for ((~~such a~~)) the wall or fence. Any dead or dying portion of ((~~such~~)) the hedge shall be replaced.

This section does not mean that parts cannot be displayed outside the fence or buildings during normal business hours if this is not in conflict with applicable county or city regulations. Entire cars may be displayed outside the fenced area, for sale complete, if parts are not being sold from these vehicles and there are no loose parts around the vehicles. A limit of five cars per location may be displayed at any one time.

Sec. 6. Section 46.80.150, chapter 12, Laws of 1961 as last amended by section 9, chapter 142, Laws of 1983 and RCW 46.80.150 are each amended to read as follows:

((~~It shall be the duty of the chiefs of police, or the Washington state patrol, in cities having a population of over five thousand persons, and in all other cases~~)) The Washington state patrol((~~, to~~)) shall make periodic inspection of ((~~the~~)) a motor vehicle wrecker's licensed premises and records provided for in this chapter during normal business hours, and furnish a certificate of inspection to the department in such manner as may be determined by the department((~~: PROVIDED, That the above~~)). The inspection in any instance ((~~can~~)) may also be made by an authorized representative of the department.

NEW SECTION. Sec. 7. Section 46.80.060, chapter 12, Laws of 1961 and RCW 46.80.060 are each repealed.