SB 5484 -
By Committee on Financial Institutions & Insurance
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 31.45.060 and 2003 c 86 s 6 are each amended to read
as follows:
(1) A schedule of the fees and the charges for the cashing and
selling of checks, drafts, money orders, or other commercial paper
serving the same purpose shall be conspicuously and continuously posted
in every location licensed under this chapter. The licensee shall
provide to its customer a receipt for each transaction. The receipt
must include the name of the licensee, the type and amount of the
transaction, and the fee or fees charged for the transaction.
(2) Each licensee shall keep and maintain such business books,
accounts, and records as the director may require in rule to fulfill
the purposes of this chapter, and shall provide the director with any
data required in rule by the department for monitoring the business of
check cashing and selling in Washington state and reporting to the
legislature. Every licensee shall preserve such books, accounts, and
records as required in rule by the director for at least two years from
the completion of the transaction. Records may be maintained on an
electronic, magnetic, optical, or other storage media. However, the
licensee must maintain the necessary technology to permit access to the
records by the department for the period required under this chapter.
(3) A check, draft, or money order sold by a licensee shall be
drawn on an account of a licensee maintained in a federally insured
financial institution authorized to do business in the state of
Washington.
Sec. 2 RCW 31.45.090 and 2003 c 86 s 15 are each amended to read
as follows:
(1) Each licensee shall submit to the director, in a form approved
by the director, a report containing financial statements as defined in
rule covering the calendar year or, if the licensee has an established
fiscal year, then for such fiscal year, within one hundred five days
after the close of each calendar or fiscal year. The licensee shall
also file such additional relevant information as the director may
require in rule. Any information provided by a licensee in an annual
report that constitutes a trade secret under chapter 19.108 RCW is
exempt from disclosure under chapter 42.17 RCW, unless aggregated with
information supplied by other licensees in such a manner that the
licensee's individual information is not identifiable. Any information
provided by the licensee that allows identification of the licensee may
only be used for purposes reasonably related to the regulation of
licensees to ensure compliance with this chapter.
(2) A licensee whose license has been suspended or revoked shall
submit to the director, at the licensee's expense, within one hundred
five days after the effective date of such surrender or revocation, a
closing audit report containing audited financial statements as of such
effective date for the twelve months ending with such effective date.
(3) The director shall adopt rules specifying the form and content
of such audit reports and may require additional reporting as is
necessary for the director to ensure compliance with this chapter."
Correct the title.
EFFECT: The annual report by the Department of Financial Institutions is eliminated. The Director may adopt rules requiring a licensee to keep and maintain books, accounts, and records, as the Director may require in rule. The Director may, in rule, require a licensee to provide any data required for monitoring the business and reporting to the Legislature. The Director may require a licensee to submit financial statements as defined in rule to the Director. The Director may, in rule, require a licensee to file any additional relevant information.