S-3369.1  _______________________________________________

                         SENATE BILL 6314

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senator Prentice

Read first time 01/15/2002.  Referred to Committee on Judiciary.

Concerning the forum and choice of law for parties to a computer information agreement.

    AN ACT Relating to choice of law and forum for computer information agreements; and adding a new chapter to Title 4 RCW.

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

NEW SECTION. Sec. 1.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Computer information agreement" means a contract or agreement that falls within the scope of the uniform computer information transactions act, whether or not that act actually applies.

    (2) "Party" means a party to a computer information agreement.

    (3) "Uniform computer information transactions act" means the uniform computer information transactions act as approved by the national conference of commissioners on uniform state laws and enacted in any jurisdiction, or any substantially similar law enacted in any jurisdiction.

    (4) "Washington state party" means a party that is a resident of this state or has its principal place of business in this state.

NEW SECTION. Sec. 2.  A provision in a computer information agreement that would result in application of the uniform computer information transactions act to that agreement is voidable by any party.  If the provision is so voided, the agreement will be governed by the laws of this state if at least one party is a Washington state party.  In an action based on a computer information agreement that does not contain a choice of law provision, any party may object to the application of the uniform computer information transactions act to the agreement.  If such an objection is made, the agreement will be governed by the laws of this state if at least one party is a Washington state party.  A provision in a computer information agreement that specifies that litigation or another dispute resolution process is to occur in a state other than this state is voidable by any party, and the dispute resolution process will take place in this state if at least one party is a Washington state party.  The provisions of this chapter reflect the fundamental policy of Washington state, and may not be varied by agreement of the parties.

NEW SECTION. Sec. 3.  Sections 1 and 2 of this act constitute a new chapter in Title 4 RCW.

                            --- END ---