SB 6114 -
By Committee on Local Government
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 36.29.190 and 2003 c 23 s 8 are each amended to read
as follows:
((County treasurers are authorized to accept credit cards, charge
cards, debit cards, smart cards, stored value cards, federal wire, and
automatic clearinghouse system transactions, or other electronic
communication, for any payment of any kind including, but not limited
to, taxes, fines, interest, penalties, special assessments, fees,
rates, charges, or moneys due counties. A payer desiring to pay by a
credit card, charge card, debit card, smart card, stored value card,
federal wire, automatic clearinghouse system, or other electronic
communication shall bear the cost of processing the transaction in an
amount determined by the treasurer, unless the county legislative
authority or the legislative authority of a district where the county
treasurer serves as ex officio treasurer finds that it is in the best
interests of the county or district to not charge transaction
processing costs for all payment transactions made for a specific
category of nontax payments received by the county treasurer,
including, but not limited to, fines, interest not associated with
taxes, penalties not associated with taxes, special assessments, fees,
rates, and charges. The treasurer's cost determination shall be based
upon costs incurred by the treasurer and may not, in any event, exceed
the additional direct costs incurred by the county to accept the
specific form of payment utilized by the payer.))
(1) County treasurers are authorized to accept electronic payments
for payment of any kind including, but not limited to, payment for
taxes, fines, interest, penalties, special assessments, fees, rates,
charges, or moneys due counties.
(a) The county treasurer must determine the amount of the
transaction processing cost for electronic payments. The county
treasurer's determination must be based upon costs incurred by the
treasurer and may not, in any event, exceed the additional direct costs
incurred by the county to accept the specific form of payment utilized
by the payer.
(b) A payer using electronic payment must pay the transaction
processing cost, except as otherwise provided in this section.
(2) For payments for taxes, interest associated with taxes, and
penalties associated with taxes that are made by automatic
clearinghouse system, federal wire, or other electronic communication,
any fee associated with the transaction may be absorbed within the
county treasurer's banking services budget.
(3) A county treasurer may elect to not charge transaction
processing costs for all payments made for a specific category of
nontax payments if the county legislative authority, or the legislative
authority of a district where the county treasurer serves as ex officio
treasurer, finds that not charging such transaction processing costs is
in the best interests of the county or district. Interest and
penalties associated with such transaction processing costs may be
absorbed by the county department or taxing district assessing the
payment transactions.
(4) For purposes of this section, the following definitions apply:
(a) "Electronic payment" means a payment made using the following:
Credit cards, charge cards, debit cards, smart cards, stored value
cards, federal wire, automatic clearinghouse system transactions, or
other electronic communication;
(b) "Nontax payments" means payments received by the county
treasurer that include payments for fines, interest not associated with
taxes, penalties not associated with taxes, special assessments, fees,
rates, charges, or moneys due counties; and
(c) "Transaction processing cost" means the cost of processing an
electronic payment as determined by the county treasurer. This cost is
based on costs incurred by the county treasurer and may not exceed the
additional direct costs incurred by the county to accept a specific
form of electronic payment utilized by the payer.
Sec. 2 RCW 39.72.010 and 1975-'76 2nd ex.s. c 77 s 1 are each
amended to read as follows:
(1) In case of the loss or destruction of a warrant for the payment
of money, or any bond or other instrument or evidence of indebtedness,
issued by any county, city or town, district or other political
subdivision or municipal corporation of the state of Washington,
hereinafter referred to as a municipal corporation, or by any
department or agency of such municipal corporation, such municipal
corporation may cause a duplicate to be issued in lieu thereof, subject
to the same requirements and conditions, and according to the same
procedure, as prescribed for the issuance of duplicate state
instruments in RCW 43.08.064 and 43.08.066 as now or hereafter amended:
PROVIDED, That the requirements of RCW 43.08.066(2) shall not be
applicable to instruments received by employees of the above issuers
for the payment of salary or wages or as other compensation for work
performed nor shall those requirements be applicable to instruments
received by former employees or their beneficiaries for the payment of
pension benefits.
(2)(a) In case of the loss or destruction of a warrant for the
payment of money, or any bond or other instrument or evidence of
indebtedness, issued by any local government officer or agency, the
officer or the agency through its appropriate officer may issue or
cause to be issued a duplicate in lieu thereof, bearing the same
designation and for the same amount as the original. The duplicate
instrument is subject in all other respects to the same provisions of
law as the original instrument.
(b) Before a duplicate instrument is issued, the issuing officer
shall require the person making application for its issue to file in
his or her office a written affidavit specifically alleging on oath
that he or she is the proper owner, payee, or legal representative of
such owner or payee of the original instrument, giving the date of
issue, the number, amount, and for what services or claim or purpose
the original instrument or series of instruments of which it is a part
was issued, and that the same has been lost or destroyed, and has not
been paid, or has not been received by him or her: PROVIDED, That in
the event that an original and its duplicate instrument are both
presented for payment as a result of forgery or fraud, the issuing
officer shall be the office responsible for endeavoring to recover any
losses suffered by the local government."
Correct the title.
EFFECT: (1) Removes a section in the underlying bill requiring
county treasurers to keep public funds, in addition to all money
belonging to the state or any county, in their possession until
disbursed according to law.
(2) Removes a section in the underlying bill creating annual
continuing education requirements for the following persons: (a)
County treasurers who perform daily investment activities of an
investment pool; and (b) persons authorized by the county treasurer to
manage county investment pools.
(3) Makes technical modifications to a section of the underlying
bill concerning county treasurers' authority to accept electronic
payments and to charge transaction processing costs to persons who make
payments to the county electronically.
(4) Removes a change made by the underlying bill to current
statute, which would have provided that instead of being required to
bear the transaction processing cost for any kind of electronic payment
made to the county treasurer, payers using an electronic form of
payment must bear the transaction processing costs only for payments
for taxes, and interest and penalties associated with taxes.
(5) Authorizes a county treasurer to choose to absorb within the
county treasurer's banking services budget fees associated with
electronic payment transactions for payments of taxes, interest
associated with taxes, and penalties associated with taxes, rather than
requiring a county treasurer to absorb such fees when the county or
district legislative authority finds that doing so is in the best
interests of the county or district.
(6) Provides that, if a county or district legislative authority
finds that it is in the best interests of the county or district not to
charge transaction processing costs for all payments made for a
specific category of nontax payments, the county treasurer may elect
(instead of being required, as provided in the underlying bill) to not
charge those transaction processing costs.
(7) Defines the terms "electronic payment," "nontax payment," and
"transaction processing cost" as those terms apply to provisions
governing county treasurers' authority to accept electronic payments
and charge transaction processing costs.