2021 -- H 5598

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LC001250

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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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, Caldwell, Alzate, Edwards, C Lima, Barros,
Amore, and Craven

     Date Introduced: February 12, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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

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

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following section:

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

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

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meanings:

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

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

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service by and through the advertiser.

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

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

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

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

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

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

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

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advertising such services.

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

 

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or other paper or electronic publication, the purchase, sale, delivery, removal, or receiving of any

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salvaged, unserviceable, worn out, discarded, or junk motor vehicle in this state shall clearly and

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conspicuously include in such advertising, the legal name of the entity or person licensed pursuant

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to § 42-14.2-3, the physical address, telephone number and license number of the auto wrecking

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yard and auto salvage business.

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

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

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

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Revenue Code;

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

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

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property; or

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

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or federal laws.

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

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

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

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($2,500).

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

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

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

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     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,

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

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auto wrecking or salvage yard. Violations of this section would result in civil fines being imposed.

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     This act would take effect upon passage.

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