CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1092

 

 

                    Chapter 30, Laws of 1999

 

 

                        56th Legislature

                      1999 Regular Session

 

 

ESCROW AGENTS AND OFFICERS

 

 

 

                    EFFECTIVE DATE:  7/25/99

Passed by the House March 16, 1999  Yeas 90   Nays 5

 

 

             CLYDE BALLARD

Speaker of the House of Representatives

     

 

 

              FRANK CHOPP

Speaker of the House of Representatives

 

 

 

Passed by the Senate April 7, 1999

  Yeas 45   Nays 0

             CERTIFICATE

 

We, Dean R. Foster and Timothy A. Martin, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1092  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

           DEAN R. FOSTER

                          Chief Clerk

 

 

          TIMOTHY A. MARTIN

                          Chief Clerk

               BRAD OWEN

President of the Senate

 

 

 

Approved April 19, 1999 Place Style On Codes above, and Style Off Codes below.          

                                FILED                

 

           April 19, 1999 - 3:10 p.m.

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


Z-0121.2  _______________________________________________

 

                          HOUSE BILL 1092

          _______________________________________________

 

             Passed Legislature - 1999 Regular Session

 

State of Washington      56th Legislature     1999 Regular Session

 

By Representative Hatfield; by request of Department of Financial Institutions

 

Read first time 03/01/1999.

  Regulating escrow agents and escrow officers.   


    AN ACT Relating to the licensing, regulation, and fees of escrow agents and escrow officers; amending RCW 18.44.010, 18.44.020, 18.44.030, 18.44.050, 18.44.060, 18.44.067, 18.44.070, 18.44.080, 18.44.090, 18.44.100, 18.44.110, 18.44.120, 18.44.125, 18.44.130, 18.44.140, 18.44.160, 18.44.175, 18.44.180, 18.44.200, 18.44.260, 18.44.280, 18.44.290, 18.44.300, 18.44.310, 18.44.320, 18.44.330, 18.44.340, 18.44.350, 18.44.360, 18.44.370, and 18.44.145; adding new sections to chapter 18.44 RCW; adding new sections to chapter 48.29 RCW; recodifying RCW 18.44.010, 18.44.020, 18.44.030, 18.44.330, 18.44.340, 18.44.067, 18.44.200, 18.44.290, 18.44.300, 18.44.310, 18.44.350, 18.44.080, 18.44.090, 18.44.100, 18.44.110, 18.44.120, 18.44.140, 18.44.180, 18.44.250, 18.44.050, 18.44.060, 18.44.360, 18.44.370, 18.44.375, 18.44.380, 18.44.385, 18.44.390, 18.44.395, 18.44.398, 18.44.070, 18.44.320, 18.44.280, 18.44.260, 18.44.175, 18.44.145, 18.44.125, 18.44.130, 18.44.190, 18.44.170, 18.44.160, 18.44.208, 18.44.215, 18.44.900, 18.44.910, 18.44.920, 18.44.921, and 18.44.922; repealing RCW 18.44.040, 18.44.065, 18.44.150, 18.44.220, and 18.44.240; and prescribing penalties.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    Sec. 1.  RCW 18.44.010 and 1995 c 238 s 1 are each amended to read as follows:

    Unless a different meaning is apparent from the context ((otherwise requires)), terms used in this chapter shall have the following meanings:

    (1) "Department" means the department of financial institutions.

    (2) "Director" means the director of financial institutions, or his or her duly authorized representative.

    (3) "Director of licensing" means the director of the department of licensing, or his or her duly authorized representative.

    (4) "Escrow" means any transaction, except the acts of a qualified intermediary in facilitating an exchange under section 1031 of the internal revenue code, wherein any person or persons, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, or lease of real or personal property to another person or persons, delivers any written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be held by such third person until the happening of a specified event or the performance of a prescribed condition or conditions, when it is then to be delivered by such third person, in compliance with instructions under which he or she is to act, to a grantee, grantor, promisee, promisor, obligee, obligor, lessee, lessor, bailee, bailor, or any agent or employee thereof.

    (((4))) (5) "Split escrow" means a transaction in which two or more escrow agents act to effect and close an escrow transaction.

    (6) "Escrow agent" means any ((sole proprietorship, firm, association, partnership, or corporation)) person engaged in the business of performing for compensation the duties of the third person referred to in ((RCW 18.44.010(3) above)) subsection (4) of this section.

    (((5) "Certificated)) (7) "Licensed escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a ((certificate of registration)) license as an escrow agent under the provisions of this chapter.

    (((6))) (8) "Person" ((unless a different meaning appears from the context, includes an individual, a)) means a natural person, firm, association, partnership ((or)), corporation, limited liability company, or the plural thereof, whether resident, nonresident, citizen, or not.

    (((7) "Escrow)) (9) "Licensed escrow officer" means any natural person handling escrow transactions and licensed as such by the director.

    (((8))) (10) "Designated escrow officer" means any licensed escrow officer designated by a licensed escrow agent and approved by the director as the licensed escrow officer responsible for supervising that agent's handling of escrow transactions, management of the agent's trust account, and supervision of all other licensed escrow officers employed by the agent.

    (11) "Escrow commission" means the escrow commission of the state of Washington created by RCW 18.44.208 (as recodified by this act).

    (((9))) (12) "Controlling person" is any person who owns or controls ten percent or more of the beneficial ownership of any escrow agent, regardless of the form of business organization employed and regardless of whether such interest stands in such person's true name or in the name of a nominee.

 

    Sec. 2.  RCW 18.44.020 and 1977 ex.s. c 156 s 2 are each amended to read as follows:

    It shall be unlawful for any person to engage in business as an escrow agent ((within this state)) by performing escrows or any of the functions of an escrow agent as described in RCW 18.44.010(4) within this state or with respect to transactions that involve personal property or real property located in this state unless such person possesses a valid ((certificate of registration)) license issued by the director pursuant to this chapter((:  PROVIDED, That)).  The ((registration and)) licensing requirements of this chapter shall not apply to:

    (1) Any person doing business under the law of this state or the United States relating to banks, trust companies, mutual savings banks, savings and loan associations, credit unions, insurance companies, ((title insurance companies, the duly authorized agents of title insurance companies the business of which agents is exclusively devoted to the title insurance business,)) or any federally approved agency or lending institution under the national housing act (12 U.S.C. Sec. 1703).

    (2) Any person licensed to practice law in this state while engaged in the performance of his or her professional duties.

    (3) Any real estate company, broker, or agent subject to the jurisdiction of the director of licensing while performing acts in the course of or incidental to sales or purchases of real or personal property handled or negotiated by such real estate company, broker, or agent:  PROVIDED, ((HOWEVER,)) That no compensation is received for escrow services.

    (4) Any transaction in which money or other property is paid to, deposited with, or transferred to a joint control agent for disbursal or use in payment of the cost of labor, material, services, permits, fees, or other items of expense incurred in the construction of improvements upon real property.

    (5) Any receiver, trustee in bankruptcy, executor, administrator, guardian, or other person acting under the supervision or order of any superior court of this state or of any federal court.

    (6) Title insurance companies having a valid certificate of authority issued by the insurance commissioner of this state and title insurance agents having a valid license as a title insurance agent issued by the insurance commissioner of this state.

 

    Sec. 3.  RCW 18.44.030 and 1977 ex.s. c 156 s 3 are each amended to read as follows:

    An application for ((registration as)) an escrow agent license shall be in writing in such form as is prescribed by the director, and shall be verified on oath by the applicant.  ((If the applicant is a corporation, the application shall include a list of the officers and directors of such corporation, and their addresses; if the applicant is a firm or partnership, the application shall include a list of the names and addresses of the partners.  The application shall include a consent to service of process, in such form as the director shall prescribe, and payment of the fee required by RCW 18.44.080.)) An application for an escrow agent license shall include fingerprints for all officers, directors, owners, partners, and controlling persons, and, unless waived by the director, the following:

    (1) The applicant's form of business organization and place of organization;

    (2) If the applicant is a corporation or limited liability company, the address of its physical location, a list of officers, controlling persons, and directors of such corporation or company and their residential addresses, telephone numbers, and other identifying information as the director may determine by rule.  If the applicant is a sole proprietorship or partnership, the address of its business location, a list of owners, partners, or controlling persons and their residential addresses, telephone numbers, and other identifying information as the director may determine by rule.  Any information in the application regarding the personal residential address or telephone number of any officer, director, partner, owner, controlling person, or employee is exempt from the public records disclosure requirements of chapter 42.17 RCW;

    (3) In the event the applicant is doing business under an assumed name, a copy of the master business license with the registered trade name shown;

    (4) The qualifications and business history of the applicant and all of its officers, directors, owners, partners, and controlling persons;

    (5) A personal credit report from a recognized credit reporting bureau satisfactory to the director on all officers, directors, owners, partners, and controlling persons of the applicant;

    (6) Whether any of the officers, directors, owners, partners, or controlling persons have been convicted of any crime within the preceding ten years which relates directly to the business or duties of escrow agents, or have suffered a judgment within the preceding five years in any civil action involving fraud, misrepresentation, any unfair or deceptive act or practice, or conversion;

    (7) The identity of the licensed escrow officer designated by the escrow agent as the designated escrow officer responsible for  supervising the agent's escrow activity;

    (8) Evidence of compliance with the bonding and insurance requirements of RCW 18.44.050 (as recodified by this act); and

    (9) Any other information the director may require by rule.  The director may share any information contained within a license application, including fingerprints, with the federal bureau of investigation and other regulatory or law enforcement agencies.

 

    NEW SECTION.  Sec. 4.  (1) Any person desiring to become a licensed escrow officer must successfully pass an examination.

    (2) The escrow officer examination shall encompass the following:

    (a) Appropriate knowledge of the English language, including reading, writing, and arithmetic;

    (b) An understanding of the principles of real estate conveyancing and the general purposes and legal effects of deeds, mortgages, deeds of trust, contracts of sale, exchanges, rental and optional agreements, leases, earnest money agreements, personal property transfers, and encumbrances;

    (c) An understanding of the obligations between principal and agent;

    (d) An understanding of the meaning and nature of encumbrances upon real property;

    (e) An understanding of the principles and practice of trust accounting; and

    (f) An understanding of the escrow agent registration act and other applicable law such as the real estate settlement procedures act, 12 U.S.C. Sec. 2601, and regulation X, 24 C.F.R. Sec. 3500.

    (3) The examination shall be in such form as prescribed by the director with the advice of the escrow commission, and shall be given at least annually.

 

    Sec. 5.  RCW 18.44.050 and 1979 c 70 s 1 are each amended to read as follows:

    (1) At the time of filing an application ((as)) for an escrow agent license, or any renewal or reinstatement ((thereof)) of an escrow agent license, the applicant shall ((satisfy)) provide satisfactory evidence to the director ((that it has)) of having obtained the following as evidence of financial responsibility:

    (((1))) (a) A fidelity bond providing coverage in the aggregate amount of two hundred thousand dollars with a deductible no greater than ten thousand dollars covering each corporate officer, partner, escrow officer, and employee of the applicant engaged in escrow transactions; ((and

    (2))) (b) An errors and omissions policy issued to the escrow agent providing coverage in the minimum aggregate amount of fifty thousand dollars or, alternatively, cash or securities in the principal amount of fifty thousand dollars deposited in an approved depository on condition that they be available for payment of any claim payable under an equivalent errors and omissions policy in that amount and pursuant to rules and regulations adopted by the department for that purpose; and

    (c) A surety bond in the amount of ten thousand dollars executed by the applicant as obligor and by a surety company authorized to do a surety business in this state as surety, unless the fidelity bond obtained by the licensee to satisfy the requirement in (a) of this subsection does not have a deductible.  The bond shall run to the state of Washington as obligee, and shall run to the benefit of the state and any person or persons who suffer loss by reason of the applicant's or its employee's violation of this chapter.  The bond shall be conditioned that the obligor as licensee will faithfully conform to and abide by this chapter and all rules adopted under this chapter, and shall reimburse all persons who suffer loss by reason of a violation of this chapter or rules adopted under this chapter.  The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to the director of its intent to cancel the bond.  The cancellation shall be effective thirty days after the notice is received by the director.  Whether or not the bond is renewed, continued, reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be liable in an aggregate amount exceeding the penal sum set forth on the face of the bond.  In no event shall the penal sum, or any portion thereof, at two or more points in time be added together in determining the surety's liability.  The bond shall not be liable for any penalties imposed on the licensee, including but not limited to, any increased damages or attorneys' fees, or both, awarded under RCW 19.86.090.

    (2) For the purposes of this section, a "fidelity bond" shall mean a primary commercial blanket bond or its equivalent satisfactory to the director and written by an insurer authorized to transact ((surety)) this line of business in the state of Washington.  Such bond shall provide fidelity coverage for any fraudulent or dishonest acts committed by any one or more of the employees or officers as defined in the bond, acting alone or in collusion with others.  ((Said)) This bond shall be for the sole benefit of the escrow agent and under no circumstances whatsoever shall the bonding company be liable under the bond to any other party.  The bond shall name the escrow agent as obligee and shall protect the obligee against the loss of money or other real or personal property belonging to the obligee, or in which the obligee has a pecuniary interest, or for which the obligee is legally liable or held by the obligee in any capacity, whether the obligee is legally liable therefor or not.  The bond may be canceled by the insurer upon delivery of thirty days' written notice to the director and to the escrow agent.

    (3) For the purposes of this section, an "errors and omissions policy" shall mean a group or individual insurance policy satisfactory to the director and issued by an insurer authorized to transact insurance business in the state of Washington.  Such policy shall provide coverage for unintentional errors and omissions of the escrow agent and its employees, and may be canceled by the insurer upon delivery of thirty days' written notice to the director and to the escrow agent.

    (4) Except as provided in RCW 18.44.360 (as recodified by this act), the fidelity bond, surety bond, and the errors and omissions policy required by this section shall be kept in full force and effect as a condition precedent to the escrow agent's authority to transact escrow business in this state, and the escrow agent shall supply the director with satisfactory evidence thereof upon request.

 

    Sec. 6.  RCW 18.44.060 and 1965 c 153 s 6 are each amended to read as follows:

    In the event of cancellation of ((a)) either the fidelity bond, the surety bond, or both, the director shall require the filing of a new bond or bonds.  Failure to ((deposit such)) provide the director with satisfactory evidence of a new bond after receipt by the director of notification ((by the director)) that one is required or by the effective date of the cancellation notice, whichever is later, shall be sufficient grounds for the suspension or revocation of the ((certificate of registration)) escrow agent's license.

 

    Sec. 7.  RCW 18.44.067 and 1977 ex.s. c 156 s 19 are each amended to read as follows:

    A licensed escrow agent shall provide notice in writing ((shall be given)) to the director and to the insurer providing coverage under RCW 18.44.050 ((as now or hereafter amended)) (as recodified by this act) of any change of business location ((or of)), branch office location, or business nameSuch notice shall be given in a form prescribed by the director and shall be delivered at least ten business days prior to the change in business location or name.  Upon the surrender of the original ((registration)) license for the agent or the ((registration)) applicable ((to a)) branch office and a payment of a fee, the director shall issue a new ((certificate covering)) license for the new location.

 

    Sec. 8.  RCW 18.44.070 and 1990 c 203 s 1 are each amended to read as follows:

    (1) Every ((certificated)) licensed escrow agent shall keep adequate records, as determined by rule by the director, of all transactions handled by or through the agent including itemization of all receipts and disbursements of each transaction((, which)).  These records shall be maintained in this state, unless otherwise approved by the director, for a period of six years from completion of the transaction.  These records shall be open to inspection by the director or the director's authorized representatives.

    (2) Every ((certificated)) licensed escrow agent shall keep ((a)) separate escrow fund accounts as determined by rule by the director in ((a)) recognized Washington state ((depositary)) depositaries authorized to receive funds, in which shall be kept separate and apart and segregated from the agent's own funds, all funds or moneys of clients which are being held by the agent pending the closing of a transaction and such funds shall be deposited not later than the first banking day following receipt thereof.

    (3) An escrow agent, unless exempted by RCW 18.44.020(2) (as recodified by this act), shall not make disbursements on any escrow account without first receiving deposits directly relating to the account in amounts at least equal to the disbursements.  An escrow agent shall not make disbursements until the next business day after the business day on which the funds are deposited unless the deposit is made in cash, by interbank electronic transfer, or in a form that permits conversion of the deposit to cash on the same day the deposit is made.  The deposits shall be in one of the following forms:

    (((1))) (a) Cash;

    (((2))) (b) Interbank electronic transfers such that the funds are unconditionally received by the escrow agent or the agent's depository;

    (((3))) (c) Checks, negotiable orders of withdrawal, money orders, cashier's checks, and certified checks that are payable in Washington state and drawn on financial institutions located in Washington state; ((or

    (4))) (d) Checks, negotiable orders of withdrawal, money orders, and any other item that has been finally paid as described in RCW 62A.4-213 before any disbursement; or

    (((5))) (e) Any depository check, including any cashier's check, certified check, or teller's check, which is governed by the provisions of the federal expedited funds availability act, 12 U.S.C. Sec. 4001 et seq.

    (4) For purposes of this section, the word "item" means any instrument for the payment of money even though it is not negotiable, but does not include money.

    (5) Violation of this section shall subject an escrow agent to penalties as prescribed in Title 9A RCW and remedies as provided in chapter 19.86 RCW and shall constitute grounds for suspension or revocation of the ((registration or)) license of any ((certified)) licensed escrow agent or licensed escrow officer.  In addition, an escrow agent who is required to be licensed under this chapter and who violates this section or an individual who is required to be licensed as an escrow officer under this chapter and who violates this section, may be subject to penalties as prescribed in RCW 18.44.260 (as recodified by this act).

 

    NEW SECTION.  Sec. 9.  It is a violation of this chapter for any escrow agent, controlling person, officer, designated escrow officer, independent contractor, employee of an escrow business, or other person subject to this chapter to:

    (1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;

    (2) Directly or indirectly engage in any unfair or deceptive practice toward any person;

    (3) Directly or indirectly obtain property by fraud or misrepresentation;

    (4) Knowingly make, publish, or disseminate any false, deceptive, or misleading information in the conduct of the business of escrow, or relative to the business of escrow or relative to any person engaged therein;

    (5) Knowingly receive or take possession for personal use of any property of any escrow business, other than in payment authorized by this chapter, and with intent to defraud, omit to make, or cause or direct to be made, a full and true entry thereof in the books and accounts of the business;

    (6) Make or concur in making any false entry, or omit or concur in omitting to make any material entry, in its books or accounts;

    (7) Knowingly make or publish, or concur in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement which is false, or omit or concur in omitting any statement required by law to be contained therein;

    (8) Willfully fail to make any proper entry in the books of the escrow business as required by law;

    (9) Fail to disclose in a timely manner to the other officers, directors, controlling persons, designated escrow officer, or other licensed escrow officers the receipt of service of a notice of an application for an injunction or other legal process affecting the property or business of an escrow agent, including in the case of a licensed escrow agent an order to cease and desist or other order of the director; or

    (10) Fail to make any report or statement lawfully required by the director or other public official.

 

    Sec. 10.  RCW 18.44.080 and 1995 c 238 s 2 are each amended to read as follows:

    The director shall charge and collect the following fees as established by rule by the director:

    (1) A fee for filing an original or a renewal application for ((registration as)) an escrow agent((,)) license, a fee for each application for an additional licensed location, a fee for an application for a change of address for an escrow agent, annual fees for the first office or location and for each additional office or location, and under RCW 43.135.055 the director shall set the annual fee for an escrow agent license up to five hundred sixty-five dollars in fiscal year 2000.

    (2) A fee for filing an original or a renewal application for an escrow officer license, a fee for an application for a change of address((,)) for each ((certificate of registration and for each)) escrow officer license being so changed, a fee to activate an inactive escrow officer license or transfer an escrow officer license, and under RCW 43.135.055 the director shall set the annual fee for an escrow officer license up to two hundred thirty-five dollars in fiscal year 2000.

    (3) A fee for filing an application for a duplicate of ((a certificate of registration)) an escrow agent license or of an escrow officer license lost, stolen, destroyed, or for replacement.

    (4) A fee for providing ((administrative support to the escrow commission)) license examinations.

    (5) An hourly audit fee.  In setting this fee, the director shall ensure that every examination and audit, or any part of the examination or audit, of any person licensed or subject to licensing in this state requiring travel and services outside this state by the director or by employees designated by the director, shall be at the expense of the person examined or audited at the hourly rate established by the director, plus the per diem compensation and actual travel expenses incurred by the director or his or her employees conducting the examination or audit.  When making any examination or audit under this chapter, the director may retain attorneys, appraisers, independent certified public accountants, or other professionals and specialists as examiners or auditors, the cost of which shall be borne by the person who is the subject of the examination or audit.

    ((All fees under this chapter shall be set by rule by the director.))  In ((fixing)) establishing these fees, the director shall set the fees at a sufficient level to defray the costs of administering this chapter.

    All fees received by the director under this chapter shall be paid into the state treasury to the credit of the banking examination fund.

 

    Sec. 11.  RCW 18.44.090 and 1977 ex.s. c 156 s 8 are each amended to read as follows:

    Upon the filing of the application for ((registration as)) an escrow agent license on a form provided by the director and satisfying the requirements as set forth in this chapter, the director shall issue and deliver to the applicant a ((certificate of registration)) license to engage in the business of an escrow agent at the location set forth in the ((certificate)) license.

 

    Sec. 12.  RCW 18.44.100 and 1965 c 153 s 10 are each amended to read as follows:

    An escrow agent's ((certificate or [of] registration)) license shall remain in effect until surrendered, revoked, suspended, or until it expires, and shall at all times be kept conspicuously posted in all places of business of the agent.

 

    Sec. 13.  RCW 18.44.110 and 1985 c 340 s 2 are each amended to read as follows:

    Each escrow agent's ((certificate)) license shall expire at noon on the thirty-first day of December of any calendar year.  ((Registration)) The license may be renewed by filing an application and paying the annual ((registration)) license fee for the next succeeding calendar year.

 

    Sec. 14.  RCW 18.44.120 and 1965 c 153 s 12 are each amended to read as follows:

    An escrow agent's ((certificate)) license which has not been renewed may be reinstated at any time prior to the thirtieth day of January following its expiration, upon the payment to the director of the annual ((registration)) license fees then in default and a penalty equal to one-half of the annual ((registration)) license fees then in default.

 

    Sec. 15.  RCW 18.44.125 and 1996 c 293 s 11 are each amended to read as follows:

    The director shall suspend the ((certificate of registration)) license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship.  Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship.  The person's ((certificate of registration)) license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency.  If the person has continued to meet all other requirements for ((registration)) licensing during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

 

    Sec. 16.  RCW 18.44.130 and 1977 ex.s. c 156 s 9 are each amended to read as follows:

    The revocation, suspension, surrender, or expiration of an escrow agent's ((certificate)) license shall not impair or affect preexisting escrows accepted by the agent prior to such revocation, suspension, surrender, or expiration:  PROVIDED, That the escrow agent shall within five work days provide written notice to all principals of such preexisting escrows of the agent's loss of ((registration)) license.  The notice shall include as a minimum the reason for the loss of ((registration)) license, the estimated date for completing the escrow, and the condition of the agent's bond and whether it is in effect or whether notice of cancellation has been given.  The notice shall afford the principals the right to withdraw the escrow without monetary loss.

 

    Sec. 17.  RCW 18.44.140 and 1965 c 153 s 14 are each amended to read as follows:

    Any person required by this chapter to obtain a ((certificate of registration)) license who engages in business as an escrow agent without applying for and receiving the ((certificate of registration)) license required by this chapter, or ((wilfully)) willfully continues to act as an escrow agent or licensed escrow officer after surrender, expiration, suspension, or revocation of his ((certificate)) or her license, is guilty of a misdemeanor punishable by imprisonment for not more than ninety days, or by a fine of not more than ((two hundred fifty dollars)) one hundred dollars per day for each day's violation, or by both such fine and imprisonment.

 

    Sec. 18.  RCW 18.44.160 and 1977 ex.s. c 156 s 10 are each amended to read as follows:

    (1) The director, through the attorney general, may prosecute an action in any court of competent jurisdiction to enforce any order made by him or her pursuant to this chapter and shall not be required to post a bond in any such court proceedings.

    (2) If the director has cause to believe that any person has violated any penal provision of this chapter he or she may refer the violation to the attorney general or the prosecuting attorney of the county in which the offense was committed.

    (3) Whenever ((it shall appear)) the director has cause to believe that any person, required to be licensed by this chapter ((to register with the department)), is conducting business as an escrow agent without ((having applied for and obtained a certificate of registration)) a valid license, or that any ((certificated)) licensed escrow agent, directly or through an agent or employee, is engaged in any false, unfair and deceptive, or misleading advertising or promotional, activity or business practices, or is conducting business in a manner deemed unsafe or injurious to the public ((or any party having business relations with such escrow agent as a contracting party to an escrow agreement as defined in RCW 18.44.010)), or ((in violation of)) has violated, is violating, or is about to violate any of the provisions of this chapter, ((the attorney general or the prosecuting attorney of the appropriate county may, after such investigation as may be necessary, apply to the appropriate court for an order enjoining the person from engaging in or continuing to engage in the activity violative of this chapter, and upon a showing that such person has engaged, or is about to engage, in any such activity, a permanent or temporary injunction, restraining order, or other appropriate order may be issued by the court)) or a rule or order under this chapter, the director, through the attorney general, may bring an action in any court of competent jurisdiction to enjoin the person from continuing the violation or doing any action in furtherance thereof. Upon proper showing, injunctive relief or temporary restraining orders shall be granted by the court and a receiver or conservator may be appointed.

    (4) The attorney general and the several prosecuting attorneys throughout the state may prosecute proceedings brought pursuant to this chapter upon notification of the director.

 

    Sec. 19.  RCW 18.44.175 and 1977 ex.s. c 156 s 20 are each amended to read as follows:

    If the director determines after notice and hearing that a person has:

    (1) Violated any provision of this chapter; or

    (2) Directly, or through an agent or employee, engaged in any false, unfair and deceptive, or misleading:

    (a) Advertising or promotional activity((,)); or

    (b) Business practices; or

    (3) Violated any lawful order((,)) or rule((, or regulation)) of the director; the director may issue an order requiring the person to cease and desist from the unlawful practice and to take such affirmative action as in the judgment of the director will carry out the purposes of this chapter.

    If the director makes a finding of fact in writing that the public interest will be irreparably harmed by delay in issuing an order, the director may issue a temporary cease and desist order.  ((Prior to issuing the temporary cease and desist order, the director, whenever possible by telephone or otherwise, shall give notice of the proposal to issue a temporary cease and desist order to the person.))  Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held to determine whether or not the order becomes permanent.

    ((If it appears that a person has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter, or a rule or order under this chapter, the director, with or without prior administrative proceedings, may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter or any rule, regulation, or order under this chapter.  Upon proper showing, injunctive relief or temporary restraining orders shall be granted and a receiver or conservator may be appointed.  The director shall not be required to post a bond in any court proceedings.))

 

    Sec. 20.  RCW 18.44.180 and 1965 c 153 s 19 are each amended to read as follows:

    No person engaged in the business or acting in the capacity of an escrow agent may bring or maintain any action in any court of this state for the collection or compensation for the performances of any services entered upon after December 31, 1965, for which ((registration)) licensing is required under this chapter without alleging and proving that he or she was a duly ((certificated)) licensed escrow agent at the time of commencement of such services.

 

    Sec. 21.  RCW 18.44.200 and 1977 ex.s. c 156 s 11 are each amended to read as follows:

    ((No)) Every licensed escrow agent shall ((engage in the business of handling escrow transactions unless such)) ensure that all escrow transactions are supervised by a licensed (("))escrow officer((":  PROVIDED, That (1))).  In the case of a partnership, ((one licensed partner)) the designated escrow officer shall be a partner in the partnership and shall act on behalf of the partnership((; (2))).  In the case of a corporation, ((one licensed officer thereof)) the designated escrow officer shall be an officer of the corporation and shall act on behalf of the corporation((; and (3) each branch office shall be required to have at least one licensed escrow officer designated by the escrow agent)).  The designated escrow officer shall be responsible for that agent's handling of escrow transactions, management of the agent's trust account, and supervision of all other licensed escrow officers employed by the agent.  Responsibility for the conduct of any licensed escrow ((agent, escrow)) officer((s, or branch escrow officers)) covered by this chapter shall rest with the designated escrow officer or designated branch escrow officer having direct supervision of such person's escrow activities.  The branch designated escrow officer shall bear responsibility for ((persons operating under each branch escrow officer's)) supervision of all other licensed escrow officers or other persons performing escrow transactions at a branch escrow office.

 

    Sec. 22.  RCW 18.44.260 and 1977 ex.s. c 156 s 16 are each amended to read as follows:

    (1) The director may, upon notice to the escrow agent and to the insurer providing coverage under RCW 18.44.050 ((as now or hereafter amended, by order)) (as recodified by this act), deny, suspend, decline to renew, or revoke the ((certificate of registration or)) license of any escrow agent or escrow officer if ((he)) the director finds that the applicant or any partner, officer, director, controlling person, or employee ((is guilty)) has committed any of the following acts or engaged in any of the following conduct:

    (((1))) (a) Obtaining a license ((or registration)) by means of fraud, misrepresentation, concealment, or through the mistake or inadvertence of the director.

    (((2))) (b) Violating any of the provisions of this chapter or any lawful rules ((or regulations)) made by the director pursuant thereto.

    (((3))) (c) The commission of a crime against the laws of this or any other state or government, involving moral turpitude or dishonest dealings.

    (((4))) (d) Knowingly committing or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relying upon the word, representation, or conduct of the licensee or agent or any partner, officer, director, controlling person, or employee acts to his or her injury or damage.

    (((5))) (e) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title to his or her own use or to the use of his or her principal or of any other person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note, mortgage, abstract, or other evidence of title within thirty days after the owner thereof is entitled thereto, and makes demand therefor, shall be prima facie evidence of such conversion.

    (((6))) (f) Failing, upon demand, to disclose any information within his or her knowledge to, or to produce any document, book, or record in his or her possession for inspection of, the director or his or her authorized representatives.

    (((7))) (g) Committing any act of fraudulent or dishonest dealing, and a certified copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter.

    (((8))) (h) Accepting, taking, or charging any undisclosed commission, rebate, or direct profit on expenditures made for the principal.

    (i) Committing acts or engaging in conduct that demonstrates the applicant or licensee to be incompetent or untrustworthy, or a source of injury and loss to the public.

    (2) Any conduct of an applicant or licensee that constitutes grounds for enforcement action under this chapter is sufficient regardless of whether the conduct took place within or outside of the state of Washington.

    (3) In addition to or in lieu of a license suspension, revocation, or denial, the director may assess a fine of up to one hundred dollars per day for each day's violation of this chapter or rules adopted under this chapter and may remove and/or prohibit from participation in the conduct of the affairs of any licensed escrow agent, any officer, controlling person, director, employee, or licensed escrow officer.

 

    Sec. 23.  RCW 18.44.280 and 1977 ex.s. c 156 s 21 are each amended to read as follows:

    The director may:

    (1) Make necessary public or private investigations within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule((, regulation,)) or order under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter; or

    (2) Require or permit any person to file a statement in writing, under oath or otherwise as the director determines, as to all facts and circumstances concerning the matter to be investigated.

    For the purpose of any investigation or proceeding under this chapter, the director or any officer designated by ((him)) the director may administer oaths or affirmations, and upon his or her own motion or upon request of any party, may subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge or relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.

    Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the director may apply to the superior court for an order compelling compliance.

    Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the administrative procedure act, chapter 34.05 RCW.

 

    Sec. 24.  RCW 18.44.290 and 1995 c 238 s 4 are each amended to read as follows:

    Any person desiring to be ((an)) a licensed escrow officer shall meet the requirements of ((RCW 18.44.220)) section 4 of this act as provided in this chapter.  The applicant shall make application endorsed by a ((certificated)) licensed escrow agent to the director on a form to be prescribed and furnished by the director.  Such application must be received by the director within one year of passing the escrow officer examination.  With this application the applicant shall:

    (1) Pay a license fee as set forth by rule; and

    (2) Furnish such proof as the director may require concerning his or her honesty, truthfulness, good reputation, and identity, including but not limited to fingerprints, residential address and telephone number, qualifications and employment history, a personal credit report, and any other information required under RCW 18.44.030 (as recodified by this act).

 

    Sec. 25.  RCW 18.44.300 and 1985 c 340 s 5 are each amended to read as follows:

    ((Any person desiring to be an escrow officer must include with the application a license fee.))  Every escrow officer license issued under the provisions of this chapter expires on the date one year from the date of issue which date will henceforth be the renewal date.  An annual license renewal fee in the same amount must be paid on or before each renewal date:  PROVIDED, That licenses issued or renewed prior to September 21, 1977, shall use the existing renewal date as the date of issue.  If the application for a ((renewal)) license renewal is not received by the director on or before the renewal date such license is expired.  The license may be reinstated at any time prior to the next succeeding renewal date following its expiration upon the payment to the director of the annual renewal fee then in default.  Acceptance by the director of an application for renewal after the renewal date shall not be a waiver of the delinquency.  Licenses not renewed within one year of the renewal date then in default shall be canceled.  A new license may be obtained by satisfying the procedures and qualifications for initial licensing, including where applicable successful completion of examinations.

 

    Sec. 26.  RCW 18.44.310 and 1989 c 51 s 1 are each amended to read as follows:

    The license of ((an)) a licensed escrow officer shall be retained and displayed at all times by the ((certificated)) licensed escrow agent((, and)).  When the officer ceases for any reason to represent the agent, the license shall cease to be in force.  ((Notice of such termination shall be given by the next regular business day by the escrow agent to the director and such notice shall be accompanied by and include the surrender of the escrow officer's license.  Failure to notify the director of such termination after demand by the affected escrow officer shall work a forfeiture of the escrow agent's certificate of registration)) Within three business days of termination of the licensed escrow officer's employment, the licensed escrow agent shall notify the director that the terminated escrow officer no longer represents the escrow agent.  Within ten business days of termination of the licensed escrow officer's employment, the licensed escrow agent shall deliver the surrendered escrow officer license to the director.  Failure to notify the director within three business days or deliver the surrendered license to the director within ten business days shall, at the discretion of the director, subject the escrow agent to penalties under RCW 18.44.260 (as recodified by this act).

    The director may hold the licensed escrow officer's license inactive upon ((application of the escrow officer:  PROVIDED, That the escrow officer shall pay the annual renewal fee.  Such)) notification of termination by the escrow agent or designated escrow officer.  The licensed escrow officer shall pay the renewal fee annually to maintain an inactive license.  An inactive license may be activated upon application of a ((certificated)) licensed escrow agent on a form provided by the director and the payment of a fee.  If the licensed escrow officer continues to meet the requirements of licensing in RCW 18.44.290 (as recodified by this act), the director shall thereupon issue a new license for the unexpired term ((if such)) of the licensed escrow officer ((is otherwise entitled thereto)).  An escrow officer's first license shall not be issued inactive.

 

    Sec. 27.  RCW 18.44.320 and 1977 ex.s. c 156 s 25 are each amended to read as follows:

    (1) The director has the power and broad administrative discretion to administer and interpret this chapter to facilitate the delivery of services to citizens of this state by escrow agents and others subject to this chapter.

    (2) The director may issue rules and regulations to govern the activities of ((certificated)) licensed escrow agents and escrow officers.  The director shall enforce all laws((,)) and rules((, and regulations relative)) relating to the ((registration)) licensing of escrow agents and ((licensing of)) escrow officers and fix the time and places for holding examinations of applicants for licenses and prescribe the method of conducting the examinations.  The director may hold hearings and suspend or revoke the ((registration or)) licenses of violators and may deny, suspend, or revoke the authority of an escrow officer to act as the designated escrow officer of a person who commits violations of this chapter or of the rules ((and regulations)) under this chapter.

    Except as specifically provided in this chapter, the rules adopted and the hearings conducted shall be in accordance with the provisions of chapter 34.05 RCW, the administrative procedure act.

 

    Sec. 28.  RCW 18.44.330 and 1977 ex.s. c 156 s 26 are each amended to read as follows:

    ((An)) (1) A licensed escrow agent shall not operate an escrow business in a location other than the location set forth on the agent's ((certificate of registration)) license or branch office license issued by the director.  The licensed escrow agent may apply to the director for authority to establish one or more branch offices under the same name as the main office.

    (2) Each branch office operated by a licensed escrow agent shall be supervised by a licensed escrow officer designated by the licensed escrow agent as the designated branch escrow officer for that branch.

    (3) Any person desiring to operate a branch escrow office shall make application on a form provided by the director and pay a fee as set forth in ((this chapter)) rule by the director.  Such application shall identify the ((natural person)) licensed escrow officer designated as the designated branch escrow officer to supervise the agent's escrow activity at the ((escrow agent)) branch office.

    (4) No escrow agent branch office ((certificate of registration)) license shall be issued until the applicant has satisfied the director that the escrow activity of ((said)) the branch meets all financial responsibility requirements governing the conduct of escrow activity.

 

    Sec. 29.  RCW 18.44.340 and 1977 ex.s. c 156 s 27 are each amended to read as follows:

    Upon the filing of the application for an escrow agent branch office and satisfying the requirements of this chapter, the director shall issue and deliver to the applicant a ((certificate of registration)) license to engage in the business of an escrow agent at the branch location set forth on the ((certificate)) license.

 

    Sec. 30.  RCW 18.44.350 and 1977 ex.s. c 156 s 28 are each amended to read as follows:

    Each escrow agent ((and)) license, each escrow agent branch office ((certificate of registration)) license, and each escrow officer license((, when issued,)) shall be issued in the form and size prescribed by the director and shall state in addition to any other matter required by the director:

    (1) The name of the licensee ((or registrant));

    (2) The name under which the applicant will do business;

    (3) The address at which the applicant will do business;

    (4) The expiration date of the license ((or registration)); and

    (5) In the case of a corporation, partnership, or branch office, the name of the ((natural person who is)) designated ((to act as the)) escrow officer ((on behalf thereof)) or designated branch escrow officer.

 

    Sec. 31.  RCW 18.44.360 and 1988 c 178 s 2 are each amended to read as follows:

    The director shall, within thirty days after the written request of the escrow commission, hold a public hearing to determine whether the fidelity bond, surety bond, and/or the errors and omissions policy specified in RCW 18.44.050 ((as now or hereafter amended)) (as recodified by this act) is reasonably available to a substantial number of ((certificated)) licensed escrow agents.  If the director determines and the insurance commissioner concurs that such bond or bonds and/or policy is not reasonably available, the director shall waive the requirements for such bond or bonds and/or policy for a fixed period of time.

 

    Sec. 32.  RCW 18.44.370 and 1987 c 471 s 4 are each amended to read as follows:

    After a written determination by the director, with the consent of the insurance commissioner, that the fidelity bond, the surety bond, and/or the errors and omissions policy required under RCW 18.44.050 ((as now or hereafter amended)) (as recodified by this act) is cost-prohibitive, or after a determination as provided in RCW 18.44.360 (as recodified by this act) that such bond or policy is not reasonably available, ((upon the request of)) an association comprised of ((certificated)) licensed escrow agents, ((the director,)) with the consent of the insurance commissioner, may ((authorize such association to)) organize a ((mutual)) corporation pursuant to chapter 24.06 RCW, exempt from the provisions of Title 48 RCW, for the purpose of insuring or self-insuring against claims arising out of escrow transactions((, if, in the director's judgment, there is a substantial likelihood that the corporation will operate for the benefit of the public and if the corporation shall have established rules, procedures, and reserves which satisfy the director that it will operate in a financially responsible manner which provides a substantial probability that it shall be able to pay any claims made against the corporation, up to the limits of financial responsibility as provided in RCW 18.44.050, as now or hereafter amended)).  The ((director, with the consent of the)) insurance commissioner((,)) may limit the authority of the corporation to the insuring or self-insuring of claims which would be within the coverage specified in RCW 18.44.050 (as recodified by this act).  The ((director, with the consent of the)) insurance commissioner((,)) may revoke the authority of the corporation to transact insurance or self-insurance if he or she determines, pursuant to chapter 34.05 RCW, that the corporation is not acting in a financially responsible manner or for the benefit of the public.

 

    Sec. 33.  RCW 18.44.145 and 1988 c 178 s 3 are each amended to read as follows:

    (1) "Real property lender" as used in this section means a bank, savings bank, savings and loan association, credit union, mortgage company, or other corporation, association, or partnership that makes loans secured by real property located in this state.

    (2) No real property lender, escrow agent, or officer or employee of any escrow agent or real property lender may give or agree to pay or give any money, service, or object of value to any real estate agent or broker, to any real property lender, or to any officer or employee of any agent, broker, or lender in return for the referral of any real estate escrow services.  Nothing in this subsection prohibits the payment of fees or other compensation permitted under the federal Real Estate Settlement Procedures Act as amended (12 U.S.C. sections 2601 through 2617).

    (3) ((A violation of this section constitutes a violation of RCW 19.86.020, and any person harmed in his or her business or property is entitled to the remedies provided under RCW 19.86.090.)) The legislature finds that the practices governed by this subsection are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.  Any violation of this section is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020.  Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.

 

    NEW SECTION.  Sec. 34.  A new section is added to chapter 48.29 RCW to read as follows:

    (1) Every title insurance company and title insurance agent conducting the business of an escrow agent as defined in RCW 18.44.010 (as recodified by this act) and exempt from licensing under RCW 18.44.020(6) (as recodified by this act) shall:

    (a) Keep adequate records, as determined by rule by the insurance commissioner, of all transactions handled by the title insurance company or title insurance agent, including itemization of all receipts and disbursements of each transaction.  These records shall be maintained in this state, unless otherwise approved by the insurance commissioner, for a period of six years from completion of the transaction.  These records shall be open to inspection by the insurance commissioner or his or her authorized representatives;

    (b) Keep separate escrow fund account or accounts in a recognized Washington state depositary or depositaries authorized to receive funds, in which shall be kept separate and apart and segregated from the title insurance company or title insurance agent's own funds, all funds or moneys of clients which are being held by the title insurance company or title insurance agent pending the closing of a transaction and such funds shall be deposited not later than the first banking day following receipt thereof; and

    (c) Not make disbursements on any escrow account without first receiving deposits directly relating to the account in amounts at least equal to the disbursements.  A title insurance company or title insurance agent shall not make disbursements until the next business day after the business day on which the funds are deposited unless the deposit is made in cash, by interbank electronic transfer, or in a form that permits conversion of the deposit to cash on the same day the deposit is made.  The deposits shall be in one of the following forms:

    (i) Cash;

    (ii) Interbank electronic transfers such that the funds are unconditionally received by the title insurance company or the title insurance agent or the title insurance company or title insurance agent's depository;

    (iii) Checks, negotiable orders of withdrawal, money orders, cashier's checks, and certified checks that are payable in Washington state and drawn on financial institutions located in Washington state;

    (iv) Checks, negotiable orders of withdrawal, money orders, and any other item that has been finally paid as described in RCW 62A.4‑213 before any disbursement; or

    (v) Any depository check, including any cashier's check, certified check, or teller's check, which is governed by the provisions of the federal expedited funds availability act, 12 U.S.C. Sec. 4001 et seq.

    (2) For purposes of this section, "item" means any instrument for the payment of money even though it is not negotiable, but does not include money.

    (3) Violation of this section shall subject a title insurance company or title insurance agent to penalties as prescribed in Title 9A RCW and remedies as provided in chapter 19.86 RCW and shall constitute grounds for suspension or revocation of the certificate of authority of a title insurance company or the license of a title insurance agent. In addition, a violation of this section may subject a title insurance company or a title insurance agent to penalties as prescribed in this title.

 

    NEW SECTION.  Sec. 35.  A new section is added to chapter 48.29 RCW to read as follows:

    It is a violation of this chapter for any title insurance company and title insurance agent in the conduct of the business of an escrow agent as defined in RCW 18.44.010 (as recodified by this act) and exempt from licensing under RCW 18.44.020(6) (as recodified by this act) to:

    (1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead borrowers or lenders or to defraud any person;

    (2) Directly or indirectly engage in any unfair or deceptive act or practice toward any person;

    (3) Directly or indirectly obtain property by fraud or misrepresentation;

    (4) Knowingly make, publish, or disseminate any false, deceptive, or misleading information in the conduct of the business of escrow, or relative to the business of escrow or relative to any person engaged therein;

    (5) Knowingly receive or take possession for personal use of any property of any escrow business, other than in payment authorized by this chapter, and with intent to defraud, omit to make, or cause or direct to be made, a full and true entry thereof in the books and accounts of the title insurance company or title insurance agent;

    (6) Make or concur in making any false entry, or omit or concur in omitting to make any material entry, in its books or accounts;

    (7) Knowingly make or publish, or concur in making or publishing any written report, exhibit, or statement of its affairs or pecuniary condition containing any material statement which is false, or omit or concur in omitting any statement required by law to be contained therein;

    (8) Willfully fail to make any proper entry in the books of the escrow business as required by law;

    (9) Fail to disclose in a timely manner to the other officers, directors, controlling persons, or employees the receipt of service of a notice of an application for an injunction or other legal process affecting the property or business of a title insurance company or title insurance agent conducting an escrow business, including an order to cease and desist or other order of the insurance commissioner; or

    (10) Fail to make any report or statement lawfully required by the insurance commissioner or other public official.

 

    NEW SECTION.  Sec. 36.  The following acts or parts of acts are each repealed:

    (1) RCW 18.44.040 and 1977 ex.s. c 156 s 4, 1971 ex.s. c 245 s 3, & 1965 c 153 s 4;

    (2) RCW 18.44.065 and 1977 ex.s. c 156 s 18;

    (3) RCW 18.44.150 and 1965 c 153 s 16;

    (4) RCW 18.44.220 and 1985 c 340 s 4, 1977 ex.s. c 156 s 13, & 1971 ex.s. c 245 s 9; and

    (5) RCW 18.44.240 and 1977 ex.s. c 156 s 14 & 1971 ex.s. c 245 s 11.

 

    NEW SECTION.  Sec. 37.  The following sections are codified or recodified within chapter 18.44 RCW in the following order:

    (1) The following section is recodified and designated as a subchapter of chapter 18.44 RCW under the subchapter designation "Definitions":

    RCW 18.44.010

    (2) The following sections are codified or recodified and designated as a subchapter of chapter 18.44 RCW under the subchapter designation "Licensing":

    RCW 18.44.020

    RCW 18.44.030

    RCW 18.44.330

    RCW 18.44.340

    RCW 18.44.067

    RCW 18.44.200

    RCW 18.44.290

    RCW 18.44.300

    RCW 18.44.310

    RCW 18.44.350

    RCW 18.44.080

    RCW 18.44.090

    RCW 18.44.100

    RCW 18.44.110

    RCW 18.44.120

    RCW 18.44.140

    RCW 18.44.180

    RCW 18.44.250

    Section 4 of this act

    (3) The following sections are recodified and designated as a subchapter of chapter 18.44 RCW under the subchapter designation "Bonding":

    RCW 18.44.050

    RCW 18.44.060

    RCW 18.44.360

    RCW 18.44.370

    RCW 18.44.375

    RCW 18.44.380

    RCW 18.44.385

    RCW 18.44.390

    RCW 18.44.395

    RCW 18.44.398

    (4) The following section is codified and designated as a subchapter of chapter 18.44 RCW under the subchapter designation "Prohibited Practices":

    Section 9 of this act

    (5) The following sections are recodified and designated as a subchapter of chapter 18.44 RCW under the subchapter designation "Enforcement":

    RCW 18.44.070

    RCW 18.44.320

    RCW 18.44.280

    RCW 18.44.260

    RCW 18.44.175

    RCW 18.44.145

    RCW 18.44.125

    RCW 18.44.130

    RCW 18.44.190

    RCW 18.44.170

    RCW 18.44.160

    (6) The following sections are recodified and designated as a subchapter of chapter 18.44 RCW under the subchapter designation "Escrow Commission":

    RCW 18.44.208

    RCW 18.44.215

    (7) The following sections are recodified and designated as a subchapter of chapter 18.44 RCW under the subchapter designation "Miscellaneous":

    RCW 18.44.900

    RCW 18.44.910

    RCW 18.44.920

    RCW 18.44.921

    RCW 18.44.922


    Passed the House March 16, 1999.

    Passed the Senate April 7, 1999.

Approved by the Governor April 19, 1999.

    Filed in Office of Secretary of State April 19, 1999.