CERTIFICATION
OF ENROLLMENT
SECOND ENGROSSED
SUBSTITUTE SENATE BILL 5610
Chapter
131, Laws of 2000
56th
Legislature
2000
Regular Session
USED MOTOR VEHICLE
SALES--CURBSTONING--CONSIGNMENT SALES
EFFECTIVE
DATE: 6/8/00
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Passed by the Senate March 6, 2000
YEAS 42 NAYS 1
 BRAD OWEN
President of the Senate
Passed by the House March 1, 2000
YEAS 90 NAYS 8
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CERTIFICATE
I, Tony M. Cook, Secretary of the Senate of the State of Washington,
do hereby certify that the attached is SECOND ENGROSSED SUBSTITUTE SENATE
BILL 5610 as passed by the Senate and the House of Representatives on the
dates hereon set forth.
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CLYDE BALLARD
Speaker of the
House of Representatives
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 TONY M. COOK
Secretary
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FRANK CHOPP
Speaker of the
House of Representatives
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Approved March 24, 2000 Place Style On
Codes above, and Style Off Codes below.
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FILED
March 24, 2000 - 3:49 p.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
SECOND
ENGROSSED SUBSTITUTE SENATE BILL 5610
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 2000 Regular Session
State
of Washington 56th Legislature 1999 Regular Session
By
Read
first time 03/08/99.
Authorizing the director of the department of licensing to
impose a civil penalty for a violation of chapter 46.70 RCW.
AN
ACT Relating to civil penalties levied by the department of licensing for
unlawful sale of used motor vehicles by unlicensed parties; amending RCW
46.70.115 and 46.70.028; creating a new section; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.70.115 and 1986 c 241 s 15 are each amended to read as follows:
(1)
If it appears to the director that a person has engaged or is about to engage
in an act or practice constituting a violation of this chapter, or a rule
adopted or an order issued under this chapter, the director may issue an order
directing the person to cease and desist from continuing the act or practice.
Reasonable notice of and opportunity for a hearing shall be given. The
director may issue a temporary order pending a hearing. The temporary order
shall remain in effect until ten days after the hearing is held and shall
become final if the person to whom the notice is addressed does not request a
hearing within fifteen days after receipt of the notice.
(2)
The director may levy and collect a civil penalty, in an amount not to exceed
one thousand dollars for each violation, against a person found by the director
to be curbstoning, as that term is defined in subsection (3) of this section.
A person against whom a civil penalty has been imposed must receive reasonable
notice and an opportunity for a hearing on the issue. The civil penalty is due
ten days after issuance of a final order.
(3)
For the purposes of subsection (2) of this section, "curbstoning"
means a person or firm engaged in buying and offering for sale, or buying and
selling, five or more vehicles that are each less than thirty years old in a
twelve-month period without holding a vehicle dealer license. For the purpose
of subsections (1) and (2) of this section, "curbstoning" does not
include the sale of equipment or vehicles used in farming as defined in RCW
46.04.183 and sold by a farmer as defined in RCW 46.04.182.
Sec.
2. RCW
46.70.028 and 1989 c 337 s 13 are each amended to read as follows:
Dealers
who transact dealer business by consignment shall obtain a consignment contract
for sale and shall comply with applicable provisions of chapter 46.70 RCW. The
dealer shall place all funds received from the sale of the consigned vehicle in
a trust account until the sale is completed, except that the dealer shall pay
any outstanding liens against the vehicle from these funds. Where title has
been delivered to the purchaser, the dealer shall pay the amount due a
consignor within ten days after the sale. However, in the case of a
consignment from a licensed vehicle dealer from any state, the wholesale auto
auction shall pay the consignor within twenty days.
NEW
SECTION. Sec. 3. If any provision of this
act or its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or
circumstances is not affected.
Passed the Senate March 6, 2000.
Passed the House March 1, 2000.
Approved by the Governor
March 24, 2000.
Filed
in Office of Secretary of State March 24, 2000.