AN ACT Relating to motor vehicle wreckers; amending RCW 46.80.010, 46.80.030, 46.80.040, 46.80.050, 46.80.080, 46.80.090, 46.80.110, 46.80.130, and 46.80.150; and repealing RCW 46.80.060, 46.80.070, and 46.80.100.

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

Sec. 1. Section 46.80.010, chapter 12, Laws of 1961 as amended by section 2, chapter 253, Laws of 1977 ex. sess. and RCW 46.80.010 are each amended to read as follows:

(1) "Motor vehicle wrecker," whenever used in this chapter, shall mean every person, firm, partnership, association, or corporation engaged in the business of buying, selling, or dealing in vehicles of a type required to be licensed under the laws of this state, for the purpose of wrecking, dismantling, disassembling, or substantially changing the form of any motor vehicle((~~, or who buys or sells integral second-hand parts of component material thereof, in whole or in part, or who deals in second-hand motor vehicle parts~~)).

(2) "Established place of business," whenever used in this chapter, shall mean a building or enclosure which the motor vehicle wrecker occupies either continuously or at regular periods and where his books and records are kept and business is transacted and which must conform with zoning regulations.

(3) "Major component part", whenever used in this chapter, shall include at least each of the following vehicle parts: (a) Engines and short blocks; (b) frame; (c) transmission and/or transfer case; (d) cab; (e) door; (f) front or rear differential; (g) front or rear clip; (h) quarter panel; (i) truck bed or box; (j) seat; (k) hood; and (l) bumper. The director may supplement this list by rule.

(4) "Wrecked vehicle", whenever used in this chapter, shall mean a vehicle which is disassembled or dismantled or a vehicle which is acquired with the intent to dismantle or disassemble and never again to operate as a vehicle, or a vehicle which has sustained such damage that its cost to repair exceeds the fair market value of a like vehicle which has not sustained such damage, or a damaged vehicle whose salvage value plus cost to repair equals or exceeds its fair market value, if repaired, or a vehicle which has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state for which the salvage value plus cost to repair exceeds its fair market value, if repaired; further, it is presumed that a vehicle is a wreck if it has sustained such damage or deterioration that it may not lawfully operate upon the highways of this state.

Sec. 2. 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. 3. 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, 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. 4. 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. 5. Section 46.80.080, chapter 12, Laws of 1961 as last amended by section 6, chapter 253, Laws of 1977 ex. sess. and RCW 46.80.080 are each amended to read as follows:

(1) Every motor vehicle wrecker shall maintain books or files in which he shall keep a record and a description of:

(a) Every vehicle wrecked, dismantled, disassembled, or substantially altered by him; and

(b) Every major component part acquired by him; together with a bill of sale signed by a seller whose identity has been verified and the name and address of the person, firm, or corporation from whom he purchased the vehicle or part: PROVIDED, That major component parts shall be further identified by the vehicle identification number of the vehicle from which the part came.

(2) Such record shall also contain the following data regarding the wrecked or acquired vehicle or vehicle which is the source of a major component part:

(a) The certificate of title number (if previously titled in this or any other state);

(b) Name of state where last registered;

(d) Name of vehicle;

(e) Motor or identification number and serial number of the vehicle;

(f) Date purchased;

(g) Disposition of the motor and chassis;

(h) Yard number assigned by the licensee to the vehicle or major component part which shall also appear on the identified vehicle or part; ((~~and~~))

(i) The identity of the buyer of complete units; and

(j) Such other information as the department may require.

(3) Such records shall also contain a bill of sale signed by the seller for other minor component parts acquired by the licensee, identifying the seller by name, address, and date of sale.

(4) Such records shall be maintained by the licensee at his established place of business for a period of three years from the date of acquisition.

(5) Such record shall be subject to inspection at all times during regular business hours by members of the police department, sheriff's office, members of the Washington state patrol, or officers or employees of the department.

(6) A motor vehicle wrecker shall also maintain a similar record of all disabled vehicles that have been towed or transported to the motor vehicle wrecker's place of business or to other places designated by the owner of the vehicle or his representative. This record shall specify the name and description of the vehicle, name of owner, number of license plate, condition of the vehicle, and place to which it was towed or transported.

(7) A motor vehicle wrecker may purchase any vehicles for the business, whether whole, wrecked, running, or inoperable if the seller can furnish proof of ownership as established by rule by the department.

(8) A motor vehicle wrecker's license is required for a purchase of vehicles sold using insurance company bills of sale at salvage pools.

(9) A wrecked vehicle may be sold for rebuilding purposes by a motor vehicle wrecker. The vehicle must be accompanied by a bill of sale. Before the rebuilt vehicle may be licensed, the owner must obtain an inspection by the state patrol to determine that the vehicle is operable and that neither the vehicle nor any of its major component parts have been stolen.

(10) The title to an inoperable or wrecked vehicle that is sold by a motor vehicle dealer must be transferred according to chapter 46.12 RCW. The title is not a license to operate until the vehicle has been inspected by the state patrol to verify that it is legal and operable.

Sec. 6. 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~~)) may dismantle or resell 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. 7. Section 46.80.110, chapter 12, Laws of 1961 as last amended by section 17, chapter 337, Laws of 1989 and RCW 46.80.110 are each amended to read as follows:

The director or a designee may, pursuant to the provisions of chapter 34.05 RCW, by order deny, suspend, or revoke the license of any motor vehicle wrecker, or assess a civil fine of up to five hundred dollars for each violation, if the director finds that the applicant or licensee has:

(1) ((~~Acquired~~)) Dismantled a vehicle or major component part other than by first obtaining title or other documentation as provided by this chapter;

(2) Willfully misrepresented the physical condition of any motor or integral part of a motor vehicle;

(3) Sold, had in his possession, or disposed of a motor vehicle or trailer or any part thereof when he knows that such vehicle or part has been stolen, or appropriated without the consent of the owner;

(4) Sold, bought, received, concealed, had in his possession, or disposed of a motor vehicle or trailer or part thereof having a missing, defaced, altered, or covered manufacturer's identification number, unless approved by a law enforcement officer;

(5) Committed forgery or misstated a material fact on any title, registration, or other document covering a vehicle that has been reassembled from parts obtained from the disassembling of other vehicles;

(6) Committed any dishonest act or omission which the director has reason to believe has caused loss or serious inconvenience as a result of a sale of a motor vehicle, trailer, or part thereof;

(7) Failed to comply with any of the provisions of this chapter or with any of the rules adopted under it, or with any of the provisions of Title 46 RCW relating to registration and certificates of title of vehicles;

(8) Procured a license fraudulently or dishonestly or that such license was erroneously issued;

(9) Been convicted of a crime that directly relates to the business of a vehicle wrecker and the time elapsed since conviction is less than ten years, or suffered any judgment within the preceding five years in any civil action involving fraud, misrepresentation, or conversion. For the purposes of this section, conviction means in addition to a final conviction in either a federal, state, or municipal court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended.

Sec. 8. 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. 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 if this is not in conflict with applicable county or city regulations.

Sec. 9. 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. 10. The following acts or parts of acts are each repealed:

(1) Section 46.80.060, chapter 12, Laws of 1961 and RCW 46.80.060;

(2) Section 46.80.070, chapter 12, Laws of 1961, section 98, chapter 32, Laws of 1967, section 5, chapter 7, Laws of 1971 ex. sess., section 5, chapter 253, Laws of 1977 ex. sess. and RCW 46.80.070; and

(3) Section 46.80.100, chapter 12, Laws of 1961, section 101, chapter 32, Laws of 1967, section 8, chapter 253, Laws of 1977 ex. sess. and RCW 46.80.100.