H-2218.1 _______________________________________________
HOUSE BILL 2108
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Representatives Shin, Brumsickle, Zellinsky, Sheldon and Flemming
Read first time 03/24/93. Referred to Committee on Commerce & Labor.
AN ACT Relating to unlawful vehicle sales; amending RCW 46.70.021; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.70.021 and 1988 c 287 s 2 are each amended to read as follows:
It is unlawful for any person, firm, or
association to act as a vehicle dealer or vehicle manufacturer, to engage in
business as such, serve in the capacity of such, advertise himself, herself, or
themselves as such, solicit sales as such, or distribute or transfer vehicles
for resale in this state, without first obtaining and holding a current license
as provided in this chapter, unless the title of the vehicle is in the name of
the seller. It is unlawful for any person other than a licensed vehicle dealer
to display a vehicle for sale unless the registered owner or legal owner is the
displayer or holds a notarized power of attorney. A person or firm engaged in
buying and offering for sale, or buying and selling five or more vehicles in a
twelve-month period, or in any other way engaged in dealer activity without
holding a vehicle dealer license, is guilty of a gross misdemeanor, and upon
conviction is subject to a fine of up to ((one)) five thousand
dollars for each violation and up to one year in jail. A second offense is a
class C felony punishable under chapter 9A.20 RCW. A violation of this section
is also a per se violation of chapter 19.86 RCW and is considered a deceptive
practice. In conjunction with the issuance of a final cease and desist
order under RCW 46.70.115, the director may assess a civil monetary penalty of
up to one thousand dollars per violation against a person or firm found in
violation of this section. The department of licensing, the Washington
state patrol, the attorney general's office, and the department of revenue
shall cooperate in the enforcement of this section. A distributor, factory
branch, or factory representative shall not be required to have a vehicle
manufacturer license so long as the vehicle manufacturer so represented is
properly licensed pursuant to this chapter. Nothing in this chapter prohibits
financial institutions from cooperating with vehicle dealers licensed under
this chapter in dealer sales or leases. However, financial institutions shall
not broker vehicles and cooperation is limited to organizing, promoting, and financing
of such dealer sales or leases.
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