BILL REQ. #:  H-4922.1 

READ FIRST TIME 2/3/06.   

     AN ACT Relating to military borrowers doing business with check cashers and sellers; and amending RCW 31.45.210.

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

Sec. 1   RCW 31.45.210 and 2005 c 256 s 1 are each amended to read as follows:
     (1) A licensee shall:
     (a) When collecting any delinquent small loan, not garnish any wages or salary paid for service in the armed forces;
     (b) Defer for the duration of the posting all collection activity against a military borrower who has been deployed to a combat or combat support posting for the duration of the posting;
     (c) Not contact, or threaten to contact, either orally or in writing, the military chain of command of a military borrower in an effort to collect a delinquent small loan;
     (d) Not communicate with a military borrower in such a manner as to harass, intimidate, threaten, or embarrass the military borrower, including but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, by threats of criminal prosecution, and by use of offensive language. A communication is presumed to have been made for the purposes of harassment when:
     (i) It is made with a military borrower in any form, manner, or place, more than three times in a single week;
     (ii) It is made with a military borrower at his or her place of employment more than one time in a single week; or
     (iii) It is made with a military borrower at his or her place of residence between the hours of 9:00 p.m. and 7:30 a.m.;
     (e) Honor the terms of any repayment agreement between the licensee and any military borrower, including any repayment agreement negotiated through military counselors or third party credit counselors; and
     (((e))) (f) Not make a loan from a specific location to a person that the licensee knows is a military borrower when the military borrower's commander has notified the licensee in writing that the specific location is designated off-limits to military personnel under their command.
     (2) For purposes of this section, "military borrower" means any active duty member of the armed forces of the United States, or any member of the national guard or the reserves of the armed forces of the United States who has been called to active duty, or any person who has notified the licensee in writing that they are the legal spouse of such a member of the armed forces, national guard, or reserve.