2019 -- H 5799

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LC001994

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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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: Representatives Tobon, Shanley, Shekarchi, Abney, and Amore

     Date Introduced: March 01, 2019

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-14.2 of the General Laws entitled "Department of Business

Regulation - Automobile Wrecking and Salvage Yards" is hereby amended by adding thereto the

following section:

     42-14.2-22. Advertising of junk or salvaged vehicles prohibited without license.

     (a) Definitions. As used in this section, the following terms shall have the following

meanings:

     (1) "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 by and through the advertiser.

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

actual location of an automobile wrecking and salvage yard. For purposes of this section, the use

of a post office box, a private mail drop box or an email address is insufficient.

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

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

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

auto salvage yard license issued pursuant to § 42-14.2-3 has first been obtained by the entity or

person advertising such services.

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

newspaper or other paper or electronic publication, the purchase, sale, delivery, removal, or

receiving of any salvaged, unserviceable, worn out, discarded, or junk motor vehicle in this state

shall clearly and conspicuously include in such advertising, the legal name of the entity or person

licensed pursuant to § 42-14.2-3, the physical address, telephone number and license number of

the auto wrecking yard and auto salvage business.

     (d) Subsections (b) and (c) of this section shall not apply to:

     (1) Any individual seeking to sell his or her own vehicle in a private transaction;

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

Revenue Code;

     (3) Any licensed automobile wrecking or salvage yard with a sign or other advertisement

which is physically attached to the outside of the physical address or location of the license

holder's property; or

     (4) Any other entity or individual advertising on a billboard that is regulated by other

state or federal laws.

     (e) Any entity or individual who advertises in violation of subsection (b) of this section

shall be fined, for a first violation, a civil penalty of one thousand five hundred dollars ($1,500),

and for a second or subsequent violation a civil penalty of two thousand five hundred dollars

($2,500).

     (f) Any entity or individual who advertises in violation of subsection (c) of this section

shall be fined, for a first violation, a civil penalty of five hundred dollars ($500), and for a second

or subsequent violation a civil penalty of one thousand dollars ($1,000).

     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 prohibit any entity or individual from advertising the sale, purchase,

receipt, transport, delivery or salvage of any junk or discarded automobile unless the advertiser is

a licensed auto wrecking or salvage yard. Violations of this section would result in civil fines

being imposed.

     This act would take effect upon passage.

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