BILL REQ. #:  S-1140.1 

Read first time 02/02/2005.   Referred to Committee on Financial Institutions, Housing & Consumer Protection.

     AN ACT Relating to check cashers and sellers; and amending RCW 31.45.010 and 31.45.079.

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

Sec. 1   RCW 31.45.010 and 2003 c 86 s 1 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Applicant" means a person that files an application for a license under this chapter, including the applicant's sole proprietor, owners, directors, officers, partners, members, and controlling persons.
     (2) "Borrower" means a natural person who receives a small loan.
     (3) "Broker" means a person engaged in brokering as defined in subsection (4) of this section.
     (4) "Brokering" means receiving compensation or gain of any kind, directly or indirectly, in connection with (a) assisting a consumer in applying for or obtaining a small loan from a licensee or exempt entity, (b) referring a consumer to a licensee or exempt entity for the purpose of obtaining a small loan, or (c) advertising or soliciting for or on behalf of a licensee or exempt entity, or otherwise holding oneself out to the public as being engaged in (a), (b), or (c) of this subsection.
     (5) "Business day" means any day that the licensee is open for business in at least one physical location.
     (((4))) (6) "Check" means the same as defined in RCW 62A.3-104(f) and, for purposes of conducting the business of making small loans, includes other electronic forms of payment, including stored value cards, internet transfers, and automated clearing house transactions.
     (((5))) (7) "Check casher" means an individual, partnership, unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of cashing checks, drafts, money orders, or other commercial paper serving the same purpose.
     (((6))) (8) "Check seller" means an individual, partnership, unincorporated association, or corporation that, for compensation, engages, in whole or in part, in the business of or selling checks, drafts, money orders, or other commercial paper serving the same purpose.
     (((7))) (9) "Collateral" means the same as defined in chapter 62A.9A RCW.
     (((8))) (10) "Controlling person" means a person owning or controlling ten percent or more of the total outstanding shares of the applicant or licensee, if the applicant or licensee is a corporation, and a member who owns ten percent or more of a limited liability company or limited liability partnership.
     (((9))) (11) "Default" means the borrower's failure to repay the small loan in compliance with the terms contained in the small loan agreement or note or failure to make payments in compliance with a loan payment plan.
     (((10))) (12) "Director" means the director of financial institutions.
     (((11))) (13) "Financial institution" means a commercial bank, savings bank, savings and loan association, or credit union.
     (((12))) (14) "Licensee" means a check casher or seller licensed by the director to engage in business in accordance with this chapter. For purposes of the enforcement powers of this chapter, including the power to issue cease and desist orders under RCW 31.45.110, "licensee" also means a check casher or seller who fails to obtain the license required by this chapter.
     (((13))) (15) "Origination date" means the date upon which the borrower and the licensee initiate a small loan transaction.
     (((14))) (16) "Outstanding principal balance" of a small loan means any of the principal amount that has not been paid by the borrower.
     (((15))) (17) "Paid" means that moment in time when the licensee deposits the borrower's check or accepts cash for the full amount owing on a valid small loan.
     (((16))) (18) "Person" means an individual, partnership, association, limited liability company, limited liability partnership, trust, corporation, and any other legal entity.
     (((17))) (19) "Principal" means the loan proceeds advanced for the benefit of the borrower in a small loan, excluding any fee or interest charge.
     (((18))) (20) "Rescission" means annulling the loan contract and, with respect to the small loan contract, returning the borrower and the licensee to their financial condition prior to the origination date of the loan.
     (((19))) (21) "Servicer" means a person who engages in the servicing of a small loan for a licensee or exempt entity.
     (22) "Servicing" means to service a small loan, or a refinance of a small loan, for a licensee or exempt entity, including, without limitation, collection activities by contract or salaried employees of the servicer who are not independent attorneys or collection agencies.
     (23) "Small loan" means a loan of up to the maximum amount and for a period of time up to the maximum term specified in RCW 31.45.073.
     (((20))) (24) "Successive loans" means a series of loans made by the same licensee to the same borrower in such a manner that no more than three business days separate the termination date of any one loan and the origination date of any other loan in the series.
     (((21))) (25) "Termination date" means the date upon which payment for the small loan transaction is due or paid to the licensee, whichever occurs first.
     (((22))) (26) "Total of payments" means the principal amount of the small loan plus all fees or interest charged on the loan.
     (((23))) (27) "Trade secret" means the same as defined in RCW 19.108.010.

Sec. 2   RCW 31.45.079 and 2003 c 86 s 10 are each amended to read as follows:
     A person may not engage in the business of brokering, servicing, or making small loans as an agent, broker, or servicer for a licensee or exempt entity without first obtaining a small loan endorsement to a check casher or check seller license under this chapter. An agent, broker, or servicer of a licensee or exempt entity engaged in the business of making small loans is subject to this chapter. To the extent that federal law preempts the applicability of any part of this chapter, all other parts of this chapter remain in effect.