SENATE BILL REPORT

                   SB 6299

              As Passed Senate, February 10, 1998

Title:  An act relating to actions for unlawful issuance of a check or draft.

Brief Description:  Identifying where actions for unlawful issuance of a check or draft may be brought.

Sponsors:  Senators Johnson and Heavey.

Brief History:

Committee Activity:  Law & Justice:  1/15/98 [DP].

Passed Senate, 2/10/98, 48-0.

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Hargrove, Kline, McCaslin, Stevens, Thibaudeau and Zarelli.

Staff:  David Johnson (786-7754)

Background:  The plaintiff in a civil suit for the unlawful issuance of a check must bring the action in the county where the defendant resides.  Some counties have adopted court rules which further require the suit be brought in the local division where the defendant resides within that county. 

Summary of Bill:  In an unlawful check case, a plaintiff is allowed to bring suit in the county where the defendant resides or in any division of the judicial district where the check was issued or where the check was presented as payment.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For: Current law requires persons to travel and suffer expense to collect bad checks.  This is an easier system for bad check recipients to obtain redress.

Testimony Against:  None.

Testified:  Senator Johnson, prime sponsor; Wayne Beresford; Lynne Beresford.