6475-S AMS ROAC S4683.1

SSB 6475 - S AMD - 642

By Senators Roach, Kline and Fairley

                                ADOPTED; MADE MOOT BY #650 2/13/98

    On page 33, beginning on line 12, after "bona fide" strike all material through "fees" on line 20, and insert "security interest to which the vehicle is subject ((under subsection (1)(a) or (c) of this section)), and provided further that where the ownership interest subject to forfeiture is bona fide community property, the value of the undivided community property interest of the spouse who was not operating the vehicle in violation of RCW 46.61.502 or 46.61.504 shall not be forfeited nor subject to reduction for towing, removal, or storage charges associated with the forfeiture action.  The value of the undivided community property interest not subject to forfeiture or reduction is one-half of the value of the vehicle as defined in subsection (12) of this section after deducting the cost of satisfying any bona fide security interest"

EFFECT:  Clarifies that a spouse's community property interest in the proceeds of selling a forfeited vehicle is subordinate to the interest of a secured party, such as a lender.  The spouse receives half the proceeds of the sale after deducting the amount owed to the lender.

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