Passed by the Senate February 18, 2014 YEAS 47   BRAD OWEN ________________________________________ President of the Senate Passed by the House March 6, 2014 YEAS 96   FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6273 as passed by the Senate and the House of Representatives on the dates hereon set forth. HUNTER G. GOODMAN ________________________________________ Secretary | |
Approved April 2, 2014, 4:13 p.m. JAY INSLEE ________________________________________ Governor of the State of Washington | April 4, 2014 Secretary of State State of Washington |
State of Washington | 63rd Legislature | 2014 Regular Session |
READ FIRST TIME 02/06/14.
AN ACT Relating to money transmitters; and amending RCW 19.230.330.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 19.230.330 and 2010 c 73 s 12 are each amended to read
as follows:
(1)(a) Every money transmitter licensee and its authorized
delegates shall transmit the monetary equivalent of all money or
equivalent value received from a customer for transmission, net of any
fees, or issue instructions committing the money or its monetary
equivalent, to the person designated by the customer within ten
business days after receiving the money or equivalent value, unless
otherwise ordered by the customer or when the transmission is for the
payment of goods or services or unless the licensee or its authorized
delegate has reason to believe that a crime has occurred, is occurring,
or may occur as a result of transmitting the money. For purposes of
this subsection, money is considered to have been transmitted when it
is available to the person designated by the customer and a reasonable
effort has been made to inform this designated person that the money is
available, whether or not the designated person has taken possession of
the money. As used in this subsection, "monetary equivalent," when
used
in connection with a money transmission in which the customer
provides the licensee or its authorized delegate with the money of one
government, and the designated recipient is to receive the money of
another government, means the amount of money, in the currency of the
government that the designated recipient is to receive, as converted at
the retail exchange rate offered by the licensee or its authorized
delegate to the customer in connection with the transaction.
(b) A money transmitter licensee that accepts money or its
equivalent from consumers purchasing goods or services from third-party
merchants and transmits the money or its equivalent to those merchants
selling the goods or services to the consumer must:
(i) Transmit the money or its equivalent to the merchant within the
time frame agreed upon in the merchant's agreement with the money
transmitter licensee; and
(ii) Conspicuously disclose to the merchant in the agreement the
money transmitter licensee's authority to place a hold or delay in
transmittal of consumer money or its equivalent for more than ten
business days and the general circumstances under which the merchant
may be subject to a hold or delay.
(2) Every money transmitter licensee and its authorized delegates
shall provide a receipt to the customer that clearly states the amount
of money presented for transmission and the total of any fees charged
by the licensee. If the rate of exchange for a money transmission to
be paid in the currency of another country is fixed by the licensee for
that transaction at the time the money transmission is initiated, then
the receipt provided to the customer shall disclose the rate of
exchange for that transaction, and the duration, if any, for the
payment to be made at the fixed rate of exchange so specified. If the
rate of exchange for a money transmission to be paid in the currency of
another country is not fixed at the time the money transmission is
sent, the receipt provided to the customer shall disclose that the rate
of exchange for that transaction will be set at the time the recipient
of the money transmission picks up the funds in the foreign country.
The receipt shall also contain the licensee name, address, and phone
number. As used in this section, "fees" does not include revenue that
a licensee or its authorized delegate generates, in connection with a
money transmission, in the conversion of the money of one government
into the money of another government.
(3) Every money transmitter licensee and its authorized delegates
shall refund to the customer all moneys received for transmittal within
ten days of receipt of a written request for a refund unless any of the
following occurs:
(a) The moneys have been transmitted and delivered to the person
designated by the customer prior to receipt of the written request for
a refund;
(b) Instructions have been given committing an equivalent amount of
money to the person designated by the customer prior to receipt of a
written request for a refund;
(c) The licensee or its authorized delegate has reason to believe
that a crime has occurred, is occurring, or may potentially occur as a
result of transmitting the money as requested by the customer or
refunding the money as requested by the customer; or
(d) The licensee is otherwise barred by law from making a refund.