Z-0163.1  _______________________________________________

                         SENATE BILL 5307

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Constantine and McCaslin; by request of Office of the Code Reviser

Read first time 01/18/2001.  Referred to Committee on Judiciary.

Correcting the codification of venue provisions for actions for unlawful issuance of a check or draft.

    AN ACT Relating to venue for actions for unlawful issuance of a check or draft; and amending RCW 4.12.025 and 3.66.040.

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

    Sec. 1.  RCW 4.12.025 and 1998 c 56 s 1 are each amended to read as follows:

    (1) An action may be brought in any county in which the defendant resides, or, if there be more than one defendant, where some one of the defendants resides at the time of the commencement of the action.  For the purpose of this section, the residence of a corporation defendant shall be deemed to be in any county where the corporation:  (a) Transacts business; (b) has an office for the transaction of business; (c) transacted business at the time the cause of action arose; or (d) where any person resides upon whom process may be served upon the corporation.

    (2) ((An action upon the unlawful issuance of a check or draft may be brought in any county in which the defendant resides or may be brought in any division of the judicial district in which the check was issued or presented as payment.

    (3))) The venue of any action brought against a corporation, at the option of the plaintiff, shall be:  (a) In the county where the tort was committed; (b) in the county where the work was performed for said corporation; (c) in the county where the agreement entered into with the corporation was made; or (d) in the county where the corporation has its residence.

    Sec. 2.  RCW 3.66.040 and 1988 c 71 s 1 are each amended to read as follows:

    (1) An action arising under RCW 3.66.020 (1), (2) except for the recovery of possession of personal property, (4), (6), (7), and (9) may be brought in any district in which the defendant, or, if there be more than one defendant, where some one of the defendants, resides at the time the complaint is filed or in which the defendant, or if there be more than one defendant, where some one of the defendants may be served with the notice and complaint in which latter case, however, the district where the defendant or defendants is or are served must be within the county in which the said defendant or defendants reside.  If the residence of the defendant is not ascertained by reasonable efforts, the action may be brought in the district in which the defendant's place of actual physical employment is located.

    (2) An action arising under RCW 3.66.020(2) for the recovery of possession of personal property and RCW 3.66.020(8) shall be brought in the district in which the subject matter of the action or some part thereof is situated.

    (3) An action arising under RCW 3.66.020 (3) and (5) shall be brought in the district in which the cause of action, or some part thereof arose.

    (4) An action arising under RCW 3.66.020(2) for the recovery of damages for injuries to the person or for injury to personal property arising from a motor vehicle accident may be brought, at the plaintiff's option, either in the district in which the cause of action, or some part thereof, arose, or in the district in which the defendant, or, if there be more than one defendant, where some one of the defendants, resides at the time the complaint is filed.

    (5) An action against a nonresident of this state may be brought in any district where service of process may be had, or in which the cause of action or some part thereof arose, or in which the plaintiff or one of them resides.

    (6) An action upon the unlawful issuance of a check or draft may be brought in any county in which the defendant resides or may be brought in any division of the judicial district in which the check was issued or presented as payment.

(7) For the purposes of chapters 3.30 through 3.74 RCW, the residence of a corporation defendant shall be deemed to be in any district where the corporation transacts business or has an office for the transaction of business or transacted business at the time the cause of action arose or where any person resides upon whom process may be served upon the corporation, unless herein otherwise provided.

                         EXPLANATORY NOTE

In 1998, a provision relating to venue for actions for unlawful issuance of a check or draft was placed in RCW 4.12.025, which relates to actions before the superior court.  However, such actions are heard before the district court, so the venue provision is more properly placed in RCW 3.66.040, relating to actions before the district court.

                            --- END ---