1013-S AAS 4/16/93 S2784.1

 

 

 

SHB 1013 - S COMM AMD

By Committee on Law & Justice

 

                                                   ADOPTED 4/16/93

 

    Strike everything after the enacting clause and insert the following:

 

    "NEW SECTION.  Sec. 6-101  The following acts or parts of acts are repealed:

    (1) RCW 62A.6-101 and 1965 ex.s. c 157 s 6-101;

    (2) RCW 62A.6-102 and 1967 c 114 s 2 & 1965 ex.s. c 157 s 6-102;

    (3) RCW 62A.6-103 and 1965 ex.s. c 157 s 6-103;

    (4) RCW 62A.6-104 and 1975 1st ex.s. c 278 s 33 & 1965 ex.s. c 156 s 6-104;

    (5) RCW 62A.6-105 and 1971 c 23 s 1 & 1965 ex.s. c 157 s 6-105;

    (6) RCW 62A.6-106 and 1965 ex.s. c 157 s 6-106;

    (7) RCW 62A.6-107 and 1975 1st ex.s. c 278 s 34 & 1965 ex.s. c 157 s 6-107;

    (8) RCW 62A.6-108 and 1965 ex.s. c 157 s 6-108;

    (9)  RCW 62A.6-109 and 1967 c 114 s 3 & 1965 ex.s. c 157 s 6-109;

    (10) RCW 62A.6-110 and 1965 ex.s. c 157 s 6-110;

    (11) RCW 62A.6-111 and 1965 ex.s. c 157 s 6-111; and

    (12) RCW 62A.9-111 and 1965 ex.s. c 157 s 9-111.

 

    Sec. 6-102.  RCW 62A.1-105 and 1981 c 41 s 1 are each amended to read as follows:

    (1) Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.  Failing such agreement this Title applies to transactions bearing an appropriate relation to this state.

    (2) Where one of the following provisions of this Title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:

    Rights of creditors against sold goods.  RCW 62A.2-402.

    Applicability of the Article on Bank Deposits and Collections.  RCW 62A.4-102.

    ((Bulk transfers subject to the Article on Bulk Transfers.  RCW 62A.6-102.))

    Applicability of the Article on Investment Securities.  RCW 62A.8-106.

    Perfection provisions of the Article on Secured Transactions.  RCW 62A.9-103.

 

    Sec. 6-103.  RCW 62A.2-403 and 1967 c 114 s 8 are each amended to read as follows:

    (1) A purchaser of goods acquires all title which his or her transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased.  A person with voidable title has power to transfer a good title to a good faith purchaser for value.  When goods have been delivered under a transaction of purchase the purchaser has such power even though

    (a) the transferor was deceived as to the identity of the purchaser, or

    (b) the delivery was in exchange for a check which is later dishonored, or

    (c) it was agreed that the transaction was to be a "cash sale".

    (2) Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him or her power to transfer all rights of the entruster to a buyer in ordinary course of business.

    (3) "Entrusting" includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessor's disposition of the goods have been such as to be larcenous under the criminal law.

    (4) The rights of other purchasers of goods and of lien creditors are governed by the Articles on Secured Transactions (Article 9)((, Bulk Transfers (Article 6))) and Documents of Title (Article 7)."

 

 

 

SHB 1013 - S COMM AMD

By Committee on Law & Justice

 

                                                   ADOPTED 4/16/93

 

    On page 1, line 1 of the title, after "Sales;" strike the remainder of the title and insert "amending RCW 62A.1-105 and 62A.2-403; and repealing RCW 62A.6-101, 62A.6-102, 62A.6-103, 62A.6-104, 62A.6-105, 62A.6-106, 62A.6-107, 62A.6-108, 62A.6-109, 62A.6-110, 62A.6-111, and 62A.9-111."

 


                            --- END ---