H-3293              _______________________________________________

                                                   HOUSE BILL NO. 2261

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Silver, Prince, Ballard, Youngsman, May, K. Wilson and P. King

Prefiled with Chief Clerk 12/29/89.  Read first time 1/8/90 and referred to Committee on Financial Institutions & Insurance.

AN ACT Relating to acceptance of checks and drafts; amending RCW 62A.3-505; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 3-505, chapter 157, Laws of 1965 ex. sess. and RCW 62A.3-505 are each amended to read as follows:

          (1) The party to whom presentment is made may without dishonor require

          (a) exhibition of the instrument; and

          (b) reasonable identification of the person making presentment and evidence of his authority to make it if made for another; and

          (c) that the instrument be produced for acceptance or payment at a place specified in it, or if there be none at any place reasonable in the circumstances; and

          (d) a signed receipt on the instrument for any partial or full payment and its surrender upon full payment.

          (2) Failure to comply with any such requirement invalidates the presentment but the person presenting has a reasonable time in which to comply and the time for acceptance or payment runs from the time of compliance.

(3)(a) For the purposes of subsection (1)(b) of this section, "reasonable identification" does not include a credit card number or credit card expiration date.  Recording a credit card number or expiration date in connection with a sale of goods or services in which the purchaser pays by check or draft is a misdemeanor.

(b) This section does not prohibit a person from requesting a purchaser to display a credit card as proof of credit worthiness and financial responsibility, but only the type and issuer of credit card displayed may be recorded.

(c) This section does not prohibit a person from requesting or receiving a credit card number or expiration date and recording the number or date in lieu of a deposit to secure payment in event of default, loss, damage, or other occurrence.