S-497                 _______________________________________________

                                                   SENATE BILL NO. 5147

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators von Reichbauer, Rasmussen, Johnson, Smitherman, McMullen, McCaslin and West

Read first time 1/16/89 and referred to Committee on Financial Institutions & Insurance.

AN ACT Relating to credit service organizations; and amending RCW 19.134.010.

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

        Sec. 1.  Section 2, chapter 218, Laws of 1986 and RCW 19.134.010 are each amended to read as follows:

          As used in this chapter:

          (1) "Buyer" means any individual who is solicited to purchase or who purchases the services of a credit services organization.

          (2)(a) "Credit services organization" means any person who, with respect to the extension of credit by others, sells, provides, performs, or represents that he or she can or will sell, provide, or perform, in return for the payment of money or other valuable consideration any of the following services:

          (i) Improving, saving, or preserving a buyer's credit record, history, or rating;

          (ii) Obtaining an extension of credit for a buyer; ((or))

          (iii) Stopping, preventing, or delaying the foreclosure of a deed of trust, mortgage, or other security agreement; or

(iv) Providing advice or assistance to a buyer with regard to either (a)(i) ((or)), (a)(ii), or (a)(iii) of this subsection.

          (b) "Credit services organization" does not include:

          (i) Any person authorized to make loans or extensions of credit under the laws of this state or the United States who is subject to regulation and supervision by this state or the United States or a lender approved by the United States secretary of housing and urban development for participation in any mortgage insurance program under the national housing act;

          (ii) Any bank, savings bank, or savings and loan institution whose deposits or accounts are eligible for insurance by the federal deposit insurance corporation or the federal savings and loan insurance corporation, or a subsidiary of such bank, savings bank, or savings and loan institution;

          (iii) Any credit union, federal credit union, or out-of-state credit union doing business in this state under chapter 31.12 RCW;

          (iv) Any nonprofit organization exempt from taxation under section 501(c)(3) of the internal revenue code;

          (v) Any person licensed as a real estate broker by this state if the person is acting within the course and scope of that license;

          (vi) Any person licensed as a collection agency pursuant to chapter 19.16 RCW if acting within the course and scope of that license;

          (vii) Any person licensed to practice law in this state if the person renders services within the course and scope of his or her practice as an attorney and is not an owner, employee, agent, or independent contractor of a credit services organization;

          (viii) Any broker-dealer registered with the securities and exchange commission or the commodity futures trading commission if the broker-dealer is acting within the course and scope of that regulation; or

          (ix) Any consumer reporting agency as defined in the federal fair credit reporting act, 15 U.S.C. Secs. 1681 through 1681t.

          (3) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment offered or granted primarily for personal, family, or household purposes.