CERTIFICATION OF ENROLLMENT
HOUSE BILL 1104
67TH LEGISLATURE
2021 REGULAR SESSION
Passed by the House February 25, 2021 Yeas 97 Nays 1
Speaker of the House of Representatives Passed by the Senate March 30, 2021 Yeas 49 Nays 0
President of the Senate | CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1104 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Chief Clerk Chief Clerk |
Approved | FILED |
| Secretary of State State of Washington |
HOUSE BILL 1104
Passed Legislature - 2021 Regular Session
State of Washington | 67th Legislature | 2021 Regular Session |
ByRepresentatives Ryu and Kloba; by request of Department of Financial Institutions
Prefiled 01/07/21.Read first time 01/11/21.Referred to Committee on Appropriations.
AN ACT Relating to extending the operation of the mortgage lending fraud prosecution account until June 30, 2027; amending RCW
36.22.181 and
43.320.140; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
36.22.181 and 2016 c 7 s 2 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, a surcharge of one dollar shall be charged by the county auditor at the time of recording of each deed of trust, which will be in addition to any other charge authorized by law. The auditor may retain up to five percent of the funds collected to administer collection. The remaining funds shall be transmitted monthly to the state treasurer who will deposit the funds into the mortgage lending fraud prosecution account created in RCW
43.320.140. The department of financial institutions is responsible for the distribution of the funds in the account and shall, in consultation with the attorney general and local prosecutors, develop rules for the use of these funds to pursue criminal prosecution of fraudulent activities within the mortgage lending process.
(2) The surcharge imposed in this section does not apply to assignments or substitutions of previously recorded deeds of trust.
(3) This section expires June 30, ((2021))2027.
Sec. 2. RCW
43.320.140 and 2016 c 7 s 1 are each amended to read as follows:
(1) The mortgage lending fraud prosecution account is created in the custody of the state treasurer. All receipts from the surcharge imposed in RCW
36.22.181, except those retained by the county auditor for administration, must be deposited into the account. Except as otherwise provided in this section, expenditures from the account may be used only for criminal prosecution of fraudulent activities related to mortgage lending fraud crimes. Only the director of the department of financial institutions or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
(2) This section expires June 30, ((2021))2027.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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