SUBSTITUTE SENATE BILL NO. 5340


                                        AS AMENDED BY THE FREE CONFERENCE COMMITTEE


                                                                            C 203 L 90



State of Washington                               51st Legislature                              1990 Regular Session


By Senate Committee on Financial Institutions & Insurance (originally sponsored by Senators Warnke, Smitherman and Johnson)



Read first time 2/2/90.



AN ACT Relating to depository checks; amending RCW 18.44.070; and adding a new section to chapter 62A.3 RCW.




        Sec. 1.  Section 7, chapter 153, Laws of 1965 as last amended by section 1, chapter 178, Laws of 1988 and RCW 18.44.070 are each amended to read as follows:

          Every certificated escrow agent shall keep adequate records of all transactions handled by or through the agent including itemization of all receipts and disbursements of each transaction, which records shall be open to inspection by the director or the director's authorized representatives.

          Every certificated agent shall keep a separate escrow fund account in a recognized Washington state depositary authorized to receive funds, in which shall be kept separate and apart and segregated from the agent's own funds, all funds or moneys of clients which are being held by the agent pending the closing of a transaction and such funds shall be deposited not later than the first banking day following receipt thereof.

          An escrow agent, unless exempted by RCW 18.44.020(2), shall not make disbursements on any escrow account without first receiving deposits directly relating to the account in amounts at least equal to the disbursements.  An escrow agent shall not make disbursements until the next business day after the business day on which the funds are deposited unless the deposit is made in cash, by interbank electronic transfer, or in a form that permits conversion of the deposit to cash on the same day the deposit is made.  The deposits shall be in one of the following forms:

          (1) Cash;

          (2) Interbank electronic transfers such that the funds are unconditionally received by the escrow agent or the agent's depository;

          (3) Checks, negotiable orders of withdrawal, money orders, cashier's checks, and certified checks that are payable in Washington state and drawn on financial institutions located in Washington state; or

          (4) Checks, negotiable orders of withdrawal, money orders, and any other item that has been finally paid as described in RCW 62A.4-213 before any disbursement; or

          (5) Any depository check, including any cashier's check, certified check, or teller's check, which is governed by the provisions of the Federal Expedited Funds Availability Act, 12 U.S.C. ((400/[Sec. 4001])) Sec. 4001 et seq.

!ixThe word "item" means any instrument for the payment of money even though it is not negotiable, but does not include money.

          Violation of this section shall subject an escrow agent to penalties as prescribed in Title 9A RCW and remedies as provided in chapter 19.86 RCW and shall constitute grounds for suspension or revocation of the registration or license of any certified escrow agent.


          NEW SECTION.  Sec. 2.  A new section is added to chapter 62A.3 RCW to read as follows:

          No person may record the number of a credit card given as identification under RCW 62A.3-505(1)(b) or given as proof of credit worthiness when payment for goods or services is made by check or draft.  Nothing in this section prohibits the recording of the number of a credit card given in lieu of a deposit to secure payment in the event of a default, loss, damage, or other occurrence.

                                                                                                                           Passed the Senate March 8, 1990.


                                                                                                                                       President of the Senate.


                                                                                                                           Passed the House March 8, 1990.


                                                                                                                                         Speaker of the House.