| Passed by the House April 20, 2005 Yeas 95 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 15, 2005 Yeas 46 ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1347 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/09/05.
AN ACT Relating to dishonored checks; amending RCW 28A.300.455; adding new sections to chapter 62A.3 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature has directed the financial
literacy public-private partnership to complete certain tasks to
support efforts to increase the level of financial literacy in the
common schools. In order to promote a greater understanding by
students of the consequences of a dishonored check, the legislature
intends to extend by one year the date by which the financial literacy
public-private partnership must identify strategies to increase the
financial literacy of public school students in Washington.
Sec. 2 RCW 28A.300.455 and 2004 c 247 s 3 are each amended to
read as follows:
(1) By September 30, 2004, the financial literacy public-private
partnership shall adopt a definition of financial literacy to be used
in educational efforts.
(2) By June 30, ((2005)) 2006, the financial literacy public-private partnership shall identify strategies to increase the financial
literacy of public school students in our state. To the extent funds
are available, strategies to be considered by the partnership shall
include, but not be limited to:
(a) Identifying and making available to school districts:
(i) Important financial literacy skills and knowledge;
(ii) Ways in which teachers at different grade levels may integrate
financial literacy in mathematics, social studies, and other course
content areas;
(iii) Instructional materials and programs, including schoolwide
programs, that include the important financial literacy skills and
knowledge;
(iv) Assessments and other outcome measures that schools and
communities may use to determine whether students are financially
literate; and
(v) Other strategies for expanding and increasing the quality of
financial literacy instruction in public schools, including
professional development for teachers;
(b) Developing a structure and set of operating principles for the
financial literacy public-private partnership to assist interested
school districts in improving the financial literacy of their students
by providing such things as financial literacy instructional materials
and professional development; and
(c) Providing a report to the governor, the house and senate
financial institutions and education committees of the legislature, the
superintendent of public instruction, the state board of education, and
education stakeholder groups, on the results of work of the financial
literacy public-private partnership. A final report shall be submitted
to the same parties by June 30, 2007.
NEW SECTION. Sec. 3 (1) If a check as defined in RCW 62A.3-104
is dishonored by nonacceptance or nonpayment and the check is assigned
or written to a collection agency as defined in RCW 19.16.100, the
collection agency may collect a reasonable handling fee for each
instrument. If the collection agency or its agent provides a notice of
dishonor in the form provided in section 4 of this act to the drawer
and the check amount plus the reasonable handling fee are not paid
within thirty-three days after providing the notice of dishonor, then,
unless the instrument otherwise provides, the drawer of the instrument
is liable for payment of interest at the rate of twelve percent per
annum from the date of dishonor, and a cost of collection of forty
dollars or the face amount of the check, whichever is less, payable to
the collection agency. In addition, in the event of court action on
the check and after notice and the expiration of the thirty-three days,
the court shall award reasonable attorneys' fees, and three times the
face amount of the check or three hundred dollars, whichever is less,
as part of the damages payable to the collection agency. This section
does not apply to an instrument that is dishonored by reason of a
justifiable stop payment order.
(2) Subsequent to the commencement of an action on the check under
subsection (1) of this section but prior to the hearing, the defendant
may tender to the plaintiff as satisfaction of the claim, an amount of
money equal to the face amount of the check, a reasonable handling fee,
accrued interest, collection costs equal to the face amount of the
check not to exceed forty dollars, and the incurred court costs,
service costs, and statutory attorneys' fees.
(3) Nothing in this section precludes the right to commence action
in a court under chapter 12.40 RCW for small claims.
NEW SECTION. Sec. 4 (1) If a check is assigned or written to a
collection agency as defined in RCW 19.16.100 and the collection agency
or its agent provides a notice of dishonor, the notice of dishonor may
be sent by mail to the drawer at the drawer's last known address. The
collection agency may, as an alternative to providing a notice in the
form described in RCW 62A.3-520, provide a notice in substantially the
following form:
NEW SECTION. Sec. 5 No interest, collection costs, and
attorneys' fees, except handling fees, are recoverable on any
dishonored check under the provisions of section 3 of this act where a
collection agency or its agent, employee, or assign has demanded:
(1) Interest or collection costs in excess of that provided by
section 3 of this act; or
(2) Interest or collection costs prior to the expiration of thirty-three days after the serving or mailing of the notice of dishonor, as
provided by section 3 or 4 of this act; or
(3) Attorneys' fees other than statutory attorneys' fees without
having the fees set by the court, or any attorneys' fees prior to
thirty-three days after the serving or mailing of the notice of
dishonor, as provided by section 3 or 4 of this act.
NEW SECTION. Sec. 6 Sections 3 through 5 of this act are each
added to chapter