2017 -- S 0428

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LC001660

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF BUSINESS

REGULATION - AUTOMOBILE WRECKING AND SALVAGE YARDS

     Introduced By: Senator Roger Picard

     Date Introduced: March 02, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-14.2-7 of the General Laws in Chapter 42-14.2 entitled

"Department of Business Regulation - Automobile Wrecking and Salvage Yards" is hereby

amended to read as follows:

     42-14.2-7. Display and transfer of license.

     (a) Every license hereunder issued shall specify the location of each wrecking yard or

salvage yard and must be conspicuously displayed at that location, or if the licensee wishes to

change his or her location, an application shall be filed with the department requesting the

change, and the permission of the department shall be necessary for a change of location. The

license shall not be transferable or assignable without the express written consent of the

department which shall, if it approves the transfer or assignment, issue a new license to the

transferee or assignee subject to the terms and conditions of this chapter; provided, however, that

the full fee of two hundred fifty dollars ($250) per annum for each year of the term of license

shall be paid in full for the new license regardless of the unexpired term of the license to be

transferred. The license number shall appear on all business communications, advertising,

estimates, signs, business cards, and other written documentation relating to that business.

     (b) No sign, advertising the purchase, sale, transport, delivery, or receiving of any

salvage, unserviceable, worn out, discarded, or junk motor vehicle shall be erected, constructed,

posted, painted, altered, maintained, or located for public display unless an auto wrecking yard or

auto salvage yard license, required under §42-14.2-3 has first been obtained by the person or

entity advertising for the purchase, sale, transport, delivery, or receiving of the salvage, derelict,

or junk motor vehicles on the sign.

     (i) "Advertising" means communication by any form of medium, including electronic

format, where the intention of the publisher is to communicate to the general public a product or

service provided by and through the advertiser.

     (c) Any person or entity that advertises on a website, in an online service, or in a

newspaper the purchase, sale, delivery, removal, or receiving of any salvage, unserviceable, worn

out, discarded, or junk motor vehicle in this state shall clearly and conspicuously disclose their

true and correct name, physical address, telephone number, and auto wrecking yard or auto

salvage yard license number on the advertisement.

     (i) "Physical address" means a mailing address, including a zip code, which details the

actual location of the automobile wrecking and salvage yard. The term does not include a post

office box, private mail drop box, or email address.

     (ii) An individual or entity who advertises in violation of this subsection shall be subject

to a civil penalty of five hundred dollars ($500) for a first offense; and for each subsequent

offense a one thousand dollar ($1,000) fine shall be imposed.

     (iii) An individual or entity required by state law to be licensed as an automobile

wrecking or salvage yard under §42-14.2-3 who is not licensed, and who advertises in violation

of this subsection, shall be subject to a civil penalty of one thousand five hundred dollars ($1,500)

for a first offense; and for each subsequent offense a fine of two thousand five hundred dollars

($2,500) shall be imposed.

     (d) Subsections (b) and (c) of this section do not apply to any of the following:

     (1) A person conducting a private transaction seeking to sell their own personal vehicle;

     (2) A nonprofit organization recognized under 26 U.S.C. §501 (c) of the Internal Revenue

Code;

     (3) A licensed automobile wrecking or salvage yard with an advertisement that is

physically attached to the outside of its physical address or location, located on the license

holder's property; or

     (4) A billboard advertiser who is regulated by other state or federal laws.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF BUSINESS

REGULATION - AUTOMOBILE WRECKING AND SALVAGE YARDS

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     This act would require the entity advertising the purchase and sale of junk motor vehicles

to have an auto wrecking yard or auto salvage yard license.

     This act would take effect upon passage.

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LC001660

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