H-3073              _______________________________________________

                                                   HOUSE BILL NO. 2547

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Hargrove, Padden and Dellwo

Read first time 1/15/90 and referred to Committee on Judiciary.

AN ACT Relating to prejudgment interest; amending RCW 4.56.110; adding a new section to chapter 4.56 RCW; and creating a new section.

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

        Sec. 1.  Section 4, chapter 136, Laws of 1895 as last amended by section 19, chapter 360, Laws of 1989 and RCW 4.56.110 are each amended to read as follows:

          Interest on judgments shall accrue as follows:

          (1) Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts:  PROVIDED, That said interest rate is set forth in the judgment.

          (2) All judgments for unpaid child support that have accrued under a superior court order or an order entered under the administrative procedure act shall bear interest at the rate of twelve percent.

          (3) Except as provided under RCW 19.52.010, 82.32.060, and subsections (1) and (2) of this section, judgments shall bear interest from the date of entry at the maximum rate permitted under RCW 19.52.020 on the date of entry thereof:  PROVIDED, That in any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, then interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered:  AND PROVIDED FURTHER, That when the plaintiff makes an offer or demand by personal service or registered mail to the defendant that the defendant does not accept prior to trial or within thirty days of receipt of the offer or demand, whichever occurs first, and the judgment exceeds the plaintiff's offer or demand, the judgment shall bear interest from the date of the plaintiff's first offer which is exceeded by the judgment at the maximum rate permitted under RCW 19.52.020 and shall accrue until the satisfaction of the judgment.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.56 RCW to read as follows:

          Any attorney for a plaintiff or claimant shall not receive as compensation any portion of the prejudgment interest awarded pursuant to RCW 4.56.110(3).

NEW SECTION. Sec. 3.     Section 1 of this act applies to any judgment entered after the effective date of this act.