READ FIRST TIME 02/15/11.   

     AN ACT Relating to the Uniform Commercial Code Article 9A on secured transactions; amending RCW 62A.9A-102, 62A.9A-105, 62A.9A-307, 62A.9A-311, 62A.9A-316, 62A.9A-317, 62A.9A-326, 62A.9A-406, 62A.9A-408, 62A.9A-503, 62A.9A-507, 62A.9A-515, 62A.9A-516, 62A.9A-518, 62A.9A-521, 62A.9A-607, 62A.2A-103, 43.340.050, 60.56.015, 60.11.040, 62A.2A-310, 62A.8-103, 62A.9A-209, 62A.9A-309, 62A.9A-310, 62A.9A-313, 62A.9A-320, 62A.9A-328, 62A.9A-335, 62A.9A-337, 62A.9A-338, 62A.9A-405, 62A.9A-505, 62A.9A-506, 62A.9A-508, 62A.9A-510, 62A.9A-520, 62A.9A-601, 62A.9A-602, 62A.9A-611, 62A.9A-621, 62A.9A-625, 62A.9A-628, and 1.08.015; adding new sections to chapter 62A.9A RCW; creating new sections; and providing an effective date.

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

Sec. 101   RCW 62A.9A-102 and 2001 c 32 s 16 are each amended to read as follows:
     (((a))) (1) Article 9A definitions. In this Article:
     (((1))) (a) "Accession" means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost.
     (((2)(A))) (b)(i) "Account," except as used in "account for," means a right to payment of a monetary obligation, whether or not earned by performance, (((i))) (A) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, (((ii))) (B) for services rendered or to be rendered, (((iii))) (C) for a policy of insurance issued or to be issued, (((iv))) (D) for a secondary obligation incurred or to be incurred, (((v))) (E) for energy provided or to be provided, (((vi))) (F) for the use or hire of a vessel under a charter or other contract, (((vii))) (G) arising out of the use of a credit or charge card or information contained on or for use with the card, or (((viii))) (H) as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes health-care-insurance receivables.
     (((B))) (ii) The term does not include (((i))) (A) rights to payment evidenced by chattel paper or an instrument, (((ii))) (B) commercial tort claims, (((iii))) (C) deposit accounts, (((iv))) (D) investment property, (((v))) (E) letter-of-credit rights or letters of credit, or (((vi))) (F) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.
     (((3))) (c) "Account debtor" means a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper.
     (((4))) (d) "Accounting," except as used in "accounting for," means a record:
     (((A))) (i) Authenticated by a secured party;
     (((B))) (ii) Indicating the aggregate unpaid secured obligations as of a date not more than thirty-five days earlier or thirty-five days later than the date of the record; and
     (((C))) (iii) Identifying the components of the obligations in reasonable detail.
     (((5))) (e) "Agricultural lien" means an interest, other than a security interest, in farm products:
     (((A))) (i) Which secures payment or performance of an obligation for:
     (((i))) (A) Goods or services furnished in connection with a debtor's farming operation; or
     (((ii))) (B) Rent on real property leased by a debtor in connection with its farming operation;
     (((B))) (ii) Which is created by statute in favor of a person that:
     (((i))) (A) In the ordinary course of its business, furnished goods or services to a debtor in connection with a debtor's farming operation; or
     (((ii))) (B) Leased real property to a debtor in connection with the debtor's farming operation; and
     (((C))) (iii) Whose effectiveness does not depend on the person's possession of the personal property.
     (((6))) (f) "As-extracted collateral" means:
     (((A))) (i) Oil, gas, or other minerals that are subject to a security interest that:
     (((i))) (A) Is created by a debtor having an interest in the minerals before extraction; and
     (((ii))) (B) Attaches to the minerals as extracted; or
     (((B))) (ii) Accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction.
     (((7))) (g) "Authenticate" means:
     (((A))) (i) To sign; or
     (((B) To execute or otherwise adopt a symbol, or encrypt or similarly process a record in whole or in part, with the present intent of the authenticating person to identify the person and adopt or accept a record.
     (8))) (ii) With present intent to adopt or accept a record, to attach to or logically associate with the record an electronic sound, symbol, or process.
     (h) "Bank" means an organization that is engaged in the business of banking. The term includes savings banks, savings and loan associations, credit unions, and trust companies.
     (((9))) (i) "Cash proceeds" means proceeds that are money, checks, deposit accounts, or the like.
     (((10))) (j) "Certificate of title" means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral.
     (((11))) (k) "Chattel paper" means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. In this subsection, "monetary obligation" means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. The term "chattel paper" does not include (((A))) (i) charters or other contracts involving the use or hire of a vessel or (((B))) (ii) records that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card. If a transaction is evidenced by records that include an instrument or series of instruments, the group of records taken together constitutes chattel paper.
     (((12))) (l) "Collateral" means the property subject to a security interest or agricultural lien. The term includes:
     (((A))) (i) Proceeds to which a security interest attaches;
     (((B))) (ii) Accounts, chattel paper, payment intangibles, and promissory notes that have been sold; and
     (((C))) (iii) Goods that are the subject of a consignment.
     (((13))) (m) "Commercial tort claim" means a claim arising in tort with respect to which:
     (((A))) (i) The claimant is an organization; or
     (((B))) (ii) The claimant is an individual, and the claim:
     (((i))) (A) Arose in the course of the claimant's business or profession; and
     (((ii))) (B) Does not include damages arising out of personal injury to, or the death of, an individual.
     (((14))) (n) "Commodity account" means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer.
     (((15))) (o) "Commodity contract" means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is:
     (((A))) (i) Traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or
     (((B))) (ii) Traded on a foreign commodity board of trade, exchange, or market, and is carried on the books of a commodity intermediary for a commodity customer.
     (((16))) (p) "Commodity customer" means a person for which a commodity intermediary carries a commodity contract on its books.
     (((17))) (q) "Commodity intermediary" means a person that:
     (((A))) (i) Is registered as a futures commission merchant under federal commodities law; or
     (((B))) (ii) In the ordinary course of its business, provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law.
     (((18))) (r) "Communicate" means:
     (((A))) (i) To send a written or other tangible record;
     (((B))) (ii) To transmit a record by any means agreed upon by the persons sending and receiving the record; or
     (((C))) (iii) In the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule.
     (((19))) (s) "Consignee" means a merchant to which goods are delivered in a consignment.
     (((20))) (t) "Consignment" means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:
     (((A))) (i) The merchant:
     (((i))) (A) Deals in goods of that kind under a name other than the name of the person making delivery;
     (((ii))) (B) Is not an auctioneer; and
     (((iii))) (C) Is not generally known by its creditors to be substantially engaged in selling the goods of others;
     (((B))) (ii) With respect to each delivery, the aggregate value of the goods is one thousand dollars or more at the time of delivery;
     (((C))) (iii) The goods are not consumer goods immediately before delivery; and
     (((D))) (iv) The transaction does not create a security interest that secures an obligation.
     (((21))) (u) "Consignor" means a person that delivers goods to a consignee in a consignment.
     (((22))) (v) "Consumer debtor" means a debtor in a consumer transaction.
     (((23))) (w) "Consumer goods" means goods that are used or bought for use primarily for personal, family, or household purposes.
     (((24))) (x) "Consumer-goods transaction" means a consumer transaction in which:
     (((A))) (i) An individual incurs a consumer obligation; and
     (((B))) (ii) A security interest in consumer goods secures the obligation.
     (((25))) (y) "Consumer obligation" means an obligation which:
     (((A))) (i) Is incurred as part of a transaction entered into primarily for personal, family, or household purposes; and
     (((B))) (ii) Arises from an extension of credit, or commitment to extend credit, in an aggregate amount not exceeding forty thousand dollars, or is secured by personal property used or expected to be used as a principal dwelling.
     "Consumer obligor" means an obligor who is an individual and who incurred a consumer obligation.
     (((26))) (z) "Consumer transaction" means a transaction in which (((A))) (i) an individual incurs a consumer obligation, (((B))) (ii) a security interest secures the obligation, and (((C))) (iii) the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer-goods transactions.
     (((27))) (aa) "Continuation statement" means an amendment of a financing statement which:
     (((A))) (i) Identifies, by its file number, the initial financing statement to which it relates; and
     (((B))) (ii) Indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement.
     (((28))) (bb) "Debtor" means:
     (((A))) (i) A person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;
     (((B))) (ii) A seller of accounts, chattel paper, payment intangibles, or promissory notes; or
     (((C))) (iii) A consignee.
     (((29))) (cc) "Deposit account" means a demand, time, savings, passbook, or similar account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.
     (((30))) (dd) "Document" means a document of title or a receipt of the type described in RCW 62A.7-201(2).
     (((31))) (ee) "Electronic chattel paper" means chattel paper evidenced by a record or records consisting of information stored in an electronic medium.
     (((32))) (ff) "Encumbrance" means a right, other than an ownership interest, in real property. The term includes mortgages and other liens on real property.
     (((33))) (gg) "Equipment" means goods other than inventory, farm products, or consumer goods.
     (((34))) (hh) "Farm products" means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and which are:
     (((A))) (i) Crops grown, growing, or to be grown, including:
     (((i))) (A) Crops produced on trees, vines, and bushes; and
     (((ii))) (B) Aquatic goods produced in aquacultural operations;
     (((B))) (ii) Livestock, born or unborn, including aquatic goods produced in aquacultural operations;
     (((C))) (iii) Supplies used or produced in a farming operation; or
     (((D))) (iv) Products of crops or livestock in their unmanufactured states.
     (((35))) (ii) "Farming operation" means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.
     (((36))) (jj) "File number" means the number assigned to an initial financing statement pursuant to RCW 62A.9A-519(a).
     (((37))) (kk) "Filing office" means an office designated in RCW 62A.9A-501 as the place to file a financing statement.
     (((38))) (ll) "Filing-office rule" means a rule adopted pursuant to RCW 62A.9A-526.
     (((39))) (mm) "Financing statement" means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.
     (((40))) (nn) "Fixture filing" means the filing of a financing statement covering goods that are or are to become fixtures and satisfying RCW 62A.9A-502 (a) and (b). The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.
     (((41))) (oo) "Fixtures" means goods that have become so related to particular real property that an interest in them arises under real property law.
     (((42))) (pp) "General intangible" means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes payment intangibles and software.
     (((43))) (qq) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
     (((44))) (rr) "Goods" means all things that are movable when a security interest attaches. The term includes (((A))) (i) fixtures, (((B))) (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (((C))) (iii) the unborn young of animals, (((D))) (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and (((E))) (v) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (((i))) (A) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or (((ii))) (B) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction or a manufactured home converted to real property under chapter 65.20 RCW.
     (((45))) (ss) "Governmental unit" means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.
     (((46))) (tt) "Health-care-insurance receivable" means an interest in or claim under a policy of insurance which is a right to payment of a monetary obligation for health-care goods or services provided.
     (((47))) (uu) "Instrument" means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (((A))) (i) investment property, (((B))) (ii) letters of credit, (((C))) (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card, (((D))) (iv) writings that do not contain a promise or order to pay, or (((E))) (v) writings that are expressly nontransferable or nonassignable.
     (((48))) (vv) "Inventory" means goods, other than farm products, which:
     (((A))) (i) Are leased by a person as lessor;
     (((B))) (ii) Are held by a person for sale or lease or to be furnished under a contract of service;
     (((C))) (iii) Are furnished by a person under a contract of service; or
     (((D))) (iv) Consist of raw materials, work in process, or materials used or consumed in a business.
     (((49))) (ww) "Investment property" means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account.
     (((50))) (xx) "Jurisdiction of organization," with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.
     (((51))) (yy) "Letter-of-credit right" means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.
     (((52))) (zz) "Lien creditor" means:
     (((A))) (i) A creditor that has acquired a lien on the property involved by attachment, levy, or the like;
     (((B))) (ii) An assignee for benefit of creditors from the time of assignment;
     (((C))) (iii) A trustee in bankruptcy from the date of the filing of the petition; or
     (((D))) (iv) A receiver in equity from the time of appointment.
     (((53))) (aaa) "Manufactured home" means a manufactured home or mobile home as defined in RCW 46.04.302.
     (((54))) (bbb) [Reserved]
     (((55))) (ccc) "Mortgage" means a consensual interest in real property, including fixtures, which secures payment or performance of an obligation.
     (((56))) (ddd) "New debtor" means a person that becomes bound as debtor under RCW 62A.9A-203(d) by a security agreement previously entered into by another person.
     (((57))) (eee) "New value" means (((A))) (i) money, (((B))) (ii) money's worth in property, services, or new credit, or (((C))) (iii) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.
     (((58))) (fff) "Noncash proceeds" means proceeds other than cash proceeds.
     (((59))) (ggg) "Obligor" means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral, (((A))) (i) owes payment or other performance of the obligation, (((B))) (ii) has provided property other than the collateral to secure payment or other performance of the obligation, or (((C))) (iii) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit.
     (((60))) (hhh) "Original debtor", except as used in RCW 62A.9A-310(((c))) (3), means a person that, as debtor, entered into a security agreement to which a new debtor has become bound under RCW 62A.9A-203(d).
     (((61))) (iii) "Payment intangible" means a general intangible under which the account debtor's principal obligation is a monetary obligation.
     (((62))) (jjj) "Person related to," with respect to an individual, means:
     (((A))) (i) The spouse or state-registered domestic partner of the individual;
     (((B))) (ii) A brother, brother-in-law, sister, or sister-in-law of the individual;
     (((C))) (iii) An ancestor or lineal descendant of the individual or the individual's spouse or state-registered domestic partner; or
     (((D))) (iv) Any other relative, by blood or by marriage or other law, of the individual or the individual's spouse or state-registered domestic partner who shares the same home with the individual.
     (((63))) (kkk) "Person related to," with respect to an organization, means:
     (((A))) (i) A person directly or indirectly controlling, controlled by, or under common control with the organization;
     (((B))) (ii) An officer or director of, or a person performing similar functions with respect to, the organization;
     (((C))) (iii) An officer or director of, or a person performing similar functions with respect to, a person described in (((63)(A))) (kkk)(i) of this subsection;
     (((D))) (iv) The spouse or state-registered domestic partner of an individual described in (((63)(A), (B), or (C))) (kkk)(i), (ii), or (iii) of this subsection; or
     (((E))) (v) An individual who is related by blood or by marriage or other law to an individual described in (((63)(A), (B), (C), or (D))) (kkk)(i), (ii), (iii), or (iv) of this subsection and shares the same home with the individual.
     (((64))) (lll) "Proceeds", except as used in RCW 62A.9A-609(b), means the following property:
     (((A))) (i) Whatever is acquired upon the sale, lease, license, exchange, or other disposition of collateral;
     (((B))) (ii) Whatever is collected on, or distributed on account of, collateral;
     (((C))) (iii) Rights arising out of collateral;
     (((D))) (iv) To the extent of the value of collateral, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or
     (((E))) (v) To the extent of the value of collateral and to the extent payable to the debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.
     (((65))) (mmm) "Promissory note" means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.
     (((66))) (nnn) "Proposal" means a record authenticated by a secured party, which includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to RCW 62A.9A-620, 62A.9A-621, and 62A.9A-622.
     (((67))) (ooo) "Public-finance transaction" means a secured transaction in connection with which:
     (((A))) (i) Debt securities are issued;
     (((B))) (ii) All or a portion of the securities issued have an initial stated maturity of at least twenty years; and
     (((C))) (iii) The debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee of a secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state.
     (((68))) (ppp) "Public organic record" means a record that is available to the public for inspection and is:
     (i) A record consisting of the record initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States which amends or restates the initial record;
     (ii) An organic record of a business trust consisting of the record initially filed with a state and any record filed with the state which amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or
     (iii) A record consisting of legislation enacted by the legislature of a state or the congress of the United States which forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the state or the United States which amends or restates the name of the organization.     
     (qqq) "Pursuant to commitment," with respect to an advance made or other value given by a secured party, means pursuant to the secured party's obligation, whether or not a subsequent event of default or other event not within the secured party's control has relieved or may relieve the secured party from its obligation.
     (((69))) (rrr) "Record," except as used in "for record," "of record," "record or legal title," and "record owner," means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.
     (((70))) (sss) "Registered organization" means an organization formed or organized solely under the law of a single state or the United States ((and as to which the state or the United States must maintain a public record showing the organization to have been organized)) by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. The term includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust's organic record be filed with the state.
     (((71))) (ttt) "Secondary obligor" means an obligor to the extent that:
     (((A))) (i) The obligor's obligation is secondary; or
     (((B))) (ii) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either.
     (((72))) (uuu) "Secured party" means:
     (((A))) (i) A person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;
     (((B))) (ii) A person that holds an agricultural lien;
     (((C))) (iii) A consignor;
     (((D))) (iv) A person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold;
     (((E))) (v) A trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or
     (((F))) (vi) A person that holds a security interest arising under RCW 62A.2-401, 62A.2-505, 62A.2-711(3), 62A.2A-508(5), 62A.4-210, or 62A.5-118.
     (((73))) (vvv) "Security agreement" means an agreement that creates or provides for a security interest.
     (((74))) (www) "Send," in connection with a record or notification, means:
     (((A))) (i) To deposit in the mail, deliver for transmission, or transmit by any other usual means of communication, with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or
     (((B))) (ii) To cause the record or notification to be received within the time that it would have been received if properly sent under (((A))) (www)(i) of this subsection.
     (((75))) (xxx) "Software" means a computer program and any supporting information provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods.
     (((76))) (yyy) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
     (((77))) (zzz) "Supporting obligation" means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.
     (((78))) (aaaa) "Tangible chattel paper" means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium.
     (((79))) (bbbb) "Termination statement" means an amendment of a financing statement which:
     (((A))) (i) Identifies, by its file number, the initial financing statement to which it relates; and
     (((B))) (ii) Indicates either that it is a termination statement or that the identified financing statement is no longer effective.
     (((80))) (cccc) "Transmitting utility" means a person primarily engaged in the business of:
     (((A))) (i) Operating a railroad, subway, street railway, or trolley bus;
     (((B))) (ii) Transmitting communications electrically, electromagnetically, or by light;
     (((C))) (iii) Transmitting goods by pipeline or sewer; or
     (((D))) (iv) Transmitting or producing and transmitting electricity, steam, gas, or water.
     (((b))) (2) Definitions in other Articles. The following definitions in other Articles apply to this Article:

Sec. 102   RCW 62A.9A-105 and 2001 c 32 s 18 are each amended to read as follows:
     (1) General rule: Control of electronic chattel paper. A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.
     (2) Specific facts giving control. A system satisfies subsection (1) of this section if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
     (((1))) (a) A single authoritative copy of the record or records exists which is unique, identifiable and, except as otherwise provided in ((subsections (4), (5), and (6) of this section)) (d), (e), and (f) of this subsection, unalterable;
     (((2))) (b) The authoritative copy identifies the secured party as the assignee of the record or records;
     (((3))) (c) The authoritative copy is communicated to and maintained by the secured party or its designated custodian;
     (((4))) (d) Copies or ((revisions)) amendments that add or change an identified assignee of the authoritative copy can be made only with the ((participation)) consent of the secured party;
     (((5))) (e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
     (((6))) (f) Any ((revision)) amendment of the authoritative copy is readily identifiable as ((an)) authorized or unauthorized ((revision)).

Sec. 201   RCW 62A.9A-307 and 2000 c 250 s 9A-307 are each amended to read as follows:
     (((a))) (1) "Place of business." In this section, "place of business" means a place where a debtor conducts its affairs.
     (((b))) (2) Debtor's location: General rules. Except as otherwise provided in this section, the following rules determine a debtor's location:
     (((1))) (a) A debtor who is an individual is located at the individual's principal residence.
     (((2))) (b) A debtor that is an organization and has only one place of business is located at its place of business.
     (((3))) (c) A debtor that is an organization and has more than one place of business is located at its chief executive office.
     (((c))) (3) Limitation of applicability of subsection (2) of this section. Subsection (((b))) (2) of this section applies only if a debtor's residence, place of business, or chief executive office, as applicable, is located in a jurisdiction whose law generally requires information concerning the existence of a nonpossessory security interest to be made generally available in a filing, recording, or registration system as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. If subsection (((b))) (2) of this section does not apply, the debtor is located in the District of Columbia.
     (((d))) (4) Continuation of location: Cessation of existence, etc. A person that ceases to exist, have a residence, or have a place of business continues to be located in the jurisdiction specified by subsections (((b) and (c))) (2) and (3) of this section.
     (((e))) (5) Location of registered organization organized under state law. A registered organization that is organized under the law of a state is located in that state.
     (((f))) (6) Location of registered organization organized under federal law; bank branches and agencies. Except as otherwise provided in subsection (((i))) (9) of this section, a registered organization that is organized under the law of the United States and a branch or agency of a bank that is not organized under the law of the United States or a state are located:
     (((1))) (a) In the state that the law of the United States designates, if the law designates a state of location;
     (((2))) (b) In the state that the registered organization, branch, or agency designates, if the law of the United States authorizes the registered organization, branch, or agency to designate its state of location, including by designating its main office, home office, or other comparable office; or
     (((3))) (c) In the District of Columbia, if neither (((1) nor (2))) (a) or (b) of this subsection applies.
     (((g))) (7) Continuation of location: Change in status of registered organization. A registered organization continues to be located in the jurisdiction specified by subsection (((e) or (f))) (5) or (6) of this section notwithstanding:
     (((1))) (a) The suspension, revocation, forfeiture, or lapse of the registered organization's status as such in its jurisdiction of organization; or
     (((2))) (b) The dissolution, winding up, or cancellation of the existence of the registered organization.
     (((h))) (8) Location of United States. The United States is located in the District of Columbia.
     (((i))) (9) Location of foreign bank branch or agency if licensed in only one state. A branch or agency of a bank that is not organized under the law of the United States or a state is located in the state in which the branch or agency is licensed, if all branches and agencies of the bank are licensed in only one state.
     (((j))) (10) Location of foreign air carrier. A foreign air carrier under the Federal Aviation Act of 1958, as amended, is located at the designated office of the agent upon which service of process may be made on behalf of the carrier.
     (((k))) (11) Section applies only to this part. This section applies only for purposes of this part.

Sec. 202   RCW 62A.9A-311 and 2010 c 161 s 1151 are each amended to read as follows:
     (((a))) (1) Security interest subject to other law. Except as otherwise provided in subsection (((d))) (4) of this section, the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:
     (((1))) (a) A statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt RCW 62A.9A-310(((a))) (1);
     (((2))) (b) RCW 46.12.675 or 88.02.520, or chapter 65.12 RCW; or
     (((3))) (c) A ((certificate-of-title)) statute of another jurisdiction which provides for a security interest to be indicated on ((the)) a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.
     (((b))) (2) Compliance with other law. Compliance with the requirements of a statute, regulation, or treaty described in subsection (((a))) (1) of this section for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this Article. Except as otherwise provided in subsection (((d))) (4) of this section, RCW 62A.9A-313, and 62A.9A-316 (((d) and (e))) (4) and (5) for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (((a))) (1) of this section may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.
     (((c))) (3) Duration and renewal of perfection. Except as otherwise provided in subsection (((d))) (4) of this section and RCW 62A.9A-316 (((d) and (e))) (4) and (5), duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (((a))) (1) of this section are governed by the statute, regulation, or treaty. In other respects, the security interest is subject to this Article.
     (((d))) (4) Inapplicability to certain inventory. During any period in which collateral subject to RCW ((46.12.095)) 46.12.675 or 88.02.520, or chapter 65.12 RCW is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.

Sec. 203   RCW 62A.9A-316 and 2000 c 250 s 9A-316 are each amended to read as follows:
     (((a))) (1) General rule: Effect on perfection of change in governing law. A security interest perfected pursuant to the law of the jurisdiction designated in RCW 62A.9A-301(1) or 62A.9A-305(c) remains perfected until the earliest of:
     (((1))) (a) The time perfection would have ceased under the law of that jurisdiction;
     (((2))) (b) The expiration of four months after a change of the debtor's location to another jurisdiction; or
     (((3))) (c) The expiration of one year after a transfer of collateral to a person that thereby becomes a debtor and is located in another jurisdiction.
     (((b))) (2) Security interest perfected or unperfected under law of new jurisdiction. If a security interest described in subsection (((a))) (1) of this section becomes perfected under the law of the other jurisdiction before the earliest time or event described in subsection (((a))) (1) of this section, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earliest time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
     (((c))) (3) Possessory security interest in collateral moved to new jurisdiction. A possessory security interest in collateral, other than goods covered by a certificate of title and as-extracted collateral consisting of goods, remains continuously perfected if:
     (((1))) (a) The collateral is located in one jurisdiction and subject to a security interest perfected under the law of that jurisdiction;
     (((2))) (b) Thereafter the collateral is brought into another jurisdiction; and
     (((3))) (c) Upon entry into the other jurisdiction, the security interest is perfected under the law of the other jurisdiction.
     (((d))) (4) Goods covered by certificate of title from this state. Except as otherwise provided in subsection (((e))) (5) of this section, a security interest in goods covered by a certificate of title which is perfected by any method under the law of another jurisdiction when the goods become covered by a certificate of title from this state remains perfected until the security interest would have become unperfected under the law of the other jurisdiction had the goods not become so covered.
     (((e))) (5) When subsection (((d))) (4) security interest becomes unperfected against purchasers. A security interest described in subsection (((d))) (4) of this section becomes unperfected as against a purchaser of the goods for value and is deemed never to have been perfected as against a purchaser of the goods for value if the applicable requirements for perfection under RCW 62A.9A-311(((b))) (2) or 62A.9A-313 are not satisfied before the earlier of:
     (((1))) (a) The time the security interest would have become unperfected under the law of the other jurisdiction had the goods not become covered by a certificate of title from this state; or
     (((2))) (b) The expiration of four months after the goods had become so covered.
     (((f))) (6) Change in jurisdiction of bank, issuer, nominated person, securities intermediary, or commodity intermediary. A security interest in deposit accounts, letter-of-credit rights, or investment property which is perfected under the law of the bank's jurisdiction, the issuer's jurisdiction, a nominated person's jurisdiction, the securities intermediary's jurisdiction, or the commodity intermediary's jurisdiction, as applicable, remains perfected until the earlier of:
     (((1))) (a) The time the security interest would have become unperfected under the law of that jurisdiction; or
     (((2))) (b) The expiration of four months after a change of the applicable jurisdiction to another jurisdiction.
     (((g))) (7) Subsection (((f))) (6) of this section security interest perfected or unperfected under law of new jurisdiction. If a security interest described in subsection (((f))) (6) of this section becomes perfected under the law of the other jurisdiction before the earlier of the time or the end of the period described in subsection (((f))) (6) of this section, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier of that time or the end of that period, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
     (8) Effect on filed financing statement of change in governing law. The following rules apply to collateral to which a security interest attaches within four months after the debtor changes its location to another jurisdiction:
     (a) A financing statement filed before the change pursuant to the law of the jurisdiction designated in RCW 62A.9A-301(1) or 62A.9A-305(c) is effective to perfect a security interest in the collateral if the financing statement would have been effective to perfect a security interest in the collateral had the debtor not changed its location.
     (b) If a security interest perfected by a financing statement that is effective under (a) of this subsection (8) becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in RCW 62A.9A-301(1) or 62A.9A-305(c) or the expiration of the four-month period, it remains perfected thereafter. If the security interest does not become perfected under the law of the other jurisdiction before the earlier time or event, it becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.
     (9) Effect of change in governing law on financing statement filed against original debtor. If a financing statement naming an original debtor is filed pursuant to the law of the jurisdiction designated in RCW 62A.9A-301(1) or 62A.9A-305(c) and the new debtor is located in another jurisdiction, the following rules apply:
     (a) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under RCW 62A.-9A-203(d), if the financing statement would have been effective to perfect a security interest in the collateral had the collateral been acquired by the original debtor.
     (b) A security interest perfected by the financing statement and which becomes perfected under the law of the other jurisdiction before the earlier of the time the financing statement would have become ineffective under the law of the jurisdiction designated in RCW 62A.9A-301(1) or 62A.9A-305(c) or the expiration of the four-month period remains perfected thereafter. A security interest that is perfected by the financing statement but which does not become perfected under the law of the other jurisdiction before the earlier time or event becomes unperfected and is deemed never to have been perfected as against a purchaser of the collateral for value.

Sec. 204   RCW 62A.9A-317 and 2001 c 32 s 27 are each amended to read as follows:
     (((a))) (1) Conflicting security interests and rights of lien creditors. A security interest or agricultural lien is subordinate to the rights of:
     (((1))) (a) A person entitled to priority under RCW 62A.9A-322; and
     (((2))) (b) Except as otherwise provided in subsection (((e))) (5) of this section, a person that becomes a lien creditor before the earlier of the time:
     (((A))) (i) The security interest or agricultural lien is perfected; or
     (((B))) (ii) One of the conditions specified in RCW 62A.9A-203(b)(3) is met and a financing statement covering the collateral is filed.
     (((b))) (2) Buyers that receive delivery. Except as otherwise provided in subsection (((e))) (5) of this section, a buyer, other than a secured party, of tangible chattel paper, documents, goods, instruments, or a ((security certificate)) certificated security takes free of a security interest or agricultural lien if the buyer gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
     (((c))) (3) Lessees that receive delivery. Except as otherwise provided in subsection (((e))) (5) of this section, a lessee of goods takes free of a security interest or agricultural lien if the lessee gives value and receives delivery of the collateral without knowledge of the security interest or agricultural lien and before it is perfected.
     (((d))) (4) Licensees and buyers of certain collateral. A licensee of a general intangible or a buyer, other than a secured party, of ((accounts, electronic chattel paper, general intangibles, or investment property)) collateral other than tangible chattel paper, tangible documents, goods, instruments, or a certificated security takes free of a security interest if the licensee or buyer gives value without knowledge of the security interest and before it is perfected.
     (((e))) (5) Purchase-money security interest. Except as otherwise provided in RCW 62A.9A-320 and 62A.9A-321, if a person files a financing statement with respect to a purchase-money security interest before or within twenty days after the debtor receives delivery of the collateral, the security interest takes priority over the rights of a buyer, lessee, or lien creditor which arise between the time the security interest attaches and the time of filing.

Sec. 205   RCW 62A.9A-326 and 2000 c 250 s 9A-326 are each amended to read as follows:
     (((a))) (1) Subordination of security interest created by new debtor. Subject to subsection (((b))) (2) of this section, a security interest that is created by a new debtor ((which is)) in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that ((is effective solely under RCW 62A.9A-508 in collateral in which a new debtor has or acquires rights)) would be ineffective to perfect the security interest but for the application of RCW 62A.9A-316(9)(a) or 62A.9A-508 is subordinate to a security interest in the same collateral which is perfected other than by such a filed financing statement ((that is effective solely under RCW 62A.9A-508)).
     (((b))) (2) Priority under other provisions; multiple original debtors. The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements ((that are effective solely under RCW 62A.9A-508)) described in subsection (1) of this section. However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound.

Sec. 301   RCW 62A.9A-406 and 2003 c 87 s 1 are each amended to read as follows:
     (((a))) (1) Discharge of account debtor; effect of notification. Subject to subsections (((b))) (2) through (((j))) (10) of this section, an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
     (((b))) (2) When notification ineffective. Subject to subsection (((h))) (8) of this section, notification is ineffective under subsection (((a))) (1) of this section:
     (((1))) (a) If it does not reasonably identify the rights assigned;
     (((2))) (b) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtor's duty to pay a person other than the seller and the limitation is effective under law other than this Article; or
     (((3))) (c) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:
     (((A))) (i) Only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee;
     (((B))) (ii) A portion has been assigned to another assignee; or
     (((C))) (iii) The account debtor knows that the assignment to that assignee is limited.
     (((c))) (3) Proof of assignment. Subject to subsection (((h))) (8) of this section, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection (((a))) (1) of this section.
     (((d))) (4) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (((e))) (5) of this section and RCW 62A.2A-303 and 62A.9A-407, and subject to subsections (((h))) (8) and (((j))) (10) of this section, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
     (((1))) (a) Prohibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or
     (((2))) (b) Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note.
     (((e))) (5) Inapplicability of subsection (((d))) (4) of this section to certain sales. Subsection (((d))) (4) of this section does not apply to the sale of a payment intangible or promissory note, other than a sale pursuant to a disposition under RCW 62A.9A-610 or an acceptance of collateral under RCW 62A.9A-620.
     (((f))) (6) [Reserved]
     (((g))) (7) Subsection (((b)(3))) (2)(c) of this section not waivable. Subject to subsection (((h))) (8) of this section, an account debtor may not waive or vary its option under subsection (((b)(3))) (2)(c) of this section.
     (((h))) (8) Rule for individual under other law. This section is subject to law other than this Article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
     (((i))) (9) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a health-care-insurance receivable.
     (((j)(1))) (10)(a) Inapplicability of subsection (((d))) (4) of this section to certain transactions. After July 1, 2003, subsection (((d))) (4) of this section does not apply to the assignment or transfer of or creation of a security interest in:
     (((A))) (i) A claim or right to receive compensation for injuries or sickness as described in 26 U.S.C. Sec. 104(a)(1) or (2); or
     (((B))) (ii) A claim or right to receive benefits under a special needs trust as described in 42 U.S.C. Sec. 1396p(d)(4).
     (((2))) (b) This subsection will not affect a transfer of structured settlement payment rights under chapter 19.205 RCW.

Sec. 302   RCW 62A.9A-408 and 2003 c 87 s 2 are each amended to read as follows:
     (((a))) (1) Term restricting assignment generally ineffective. Except as otherwise provided in subsection (((b))) (2) of this section, a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license, or franchise, and which term prohibits, restricts, or requires the consent of the person obligated on the promissory note or the account debtor to, the assignment or transfer of, or creation, attachment, or perfection of a security interest in, the promissory note, health-care-insurance receivable, or general intangible, is ineffective to the extent that the term:
     (((1))) (a) Would impair the creation, attachment, or perfection of a security interest; or
     (((2))) (b) Provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable, or general intangible.
     (((b))) (2) Applicability of subsection (((a))) (1) of this section to sales of certain rights to payment. Subsection (((a))) (1) of this section applies to a security interest in a payment intangible or promissory note only if the security interest arises out of a sale of the payment intangible or promissory note, other than a sale pursuant to a disposition under RCW 62A.9A-610 or an acceptance of collateral under RCW 62A.9A-620.
     (((c))) (3) Legal restrictions on assignment generally ineffective. A rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, person obligated on a promissory note, or account debtor to the assignment or transfer of, or creation of a security interest in, a promissory note, health-care-insurance receivable, or general intangible, including a contract, permit, license, or franchise between an account debtor and a debtor, is ineffective to the extent that the rule of law, statute, or regulation:
     (((1))) (a) Would impair the creation, attachment, or perfection of a security interest; or
     (((2))) (b) Provides that the assignment or transfer or the creation, attachment, or perfection of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the promissory note, health-care-insurance receivable, or general intangible.
     (((d))) (4) Limitation on ineffectiveness under subsections (((a))) (1) and (((c))) (3) of this section. To the extent that a term in a promissory note or in an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or general intangible or a rule of law, statute, or regulation described in subsection (((c))) (3) of this section would be effective under law other than this Article but is ineffective under subsection (((a))) (1) or (((c))) (3) of this section, the creation, attachment, or perfection of a security interest in the promissory note, health-care-insurance receivable, or general intangible:
     (((1))) (a) Is not enforceable against the person obligated on the promissory note or the account debtor;
     (((2))) (b) Does not impose a duty or obligation on the person obligated on the promissory note or the account debtor;
     (((3))) (c) Does not require the person obligated on the promissory note or the account debtor to recognize the security interest, pay or render performance to the secured party, or accept payment or performance from the secured party;
     (((4))) (d) Does not entitle the secured party to use or assign the debtor's rights under the promissory note, health-care-insurance receivable, or general intangible, including any related information or materials furnished to the debtor in the transaction giving rise to the promissory note, health-care-insurance receivable, or general intangible;
     (((5))) (e) Does not entitle the secured party to use, assign, possess, or have access to any trade secrets or confidential information of the person obligated on the promissory note or the account debtor; and
     (((6))) (f) Does not entitle the secured party to enforce the security interest in the promissory note, health-care-insurance receivable, or general intangible.
     (((e)(1))) (5)(a) Inapplicability of subsections (((a))) (1) and (((c))) (3) of this section to certain payment intangibles. After July 1, 2003, subsections (((a))) (1) and (((c))) (3) of this section do not apply to the assignment or transfer of or creation of a security interest in:
     (((A))) (i) A claim or right to receive compensation for injuries or sickness as described in 26 U.S.C. Sec. 104(a)(1) or (2); or
     (((B))) (ii) A claim or right to receive benefits under a special needs trust as described in 42 U.S.C. Sec. 1396p(d)(4).
     (((2))) (b) This subsection will not affect a transfer of structured settlement payment rights under chapter 19.205 RCW.

Sec. 401   RCW 62A.9A-503 and 2000 c 250 s 9A-503 are each amended to read as follows:
     (((a))) (1) Sufficiency of debtor's name. A financing statement sufficiently provides the name of the debtor:
     (((1))) (a) Except as otherwise provided in (c) of this subsection (1), if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name ((of the debtor indicated)) that is stated to be the registered organization's name on the public organic record ((of)) most recently filed with or issued or enacted by the ((debtor's)) registered organization's jurisdiction of organization which ((shows the debtor to have been organized;
     (2) If the debtor is a decedent's estate)) purports to state, amend, or restate the registered organization's name;
     (b) Subject to subsection (6) of this section, if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides, as the name of the debtor, the name of the decedent and, in a separate part of the financing statement, indicates that the ((debtor is an estate;
     (3) If the debtor is a trust or a trustee acting with respect to property held in trust, only if the financing statement:
     (A) Provides the name specified for the trust in its organic documents or, if no name is specified, provides the name of the settlor and additional information sufficient to distinguish the debtor from other trusts having one or more of the same settlors; and
     (B) Indicates, in the debtor's name or otherwise, that the debtor is a trust or is a trustee acting with respect to property held in trust; and
     (4))) collateral is being administered by a personal representative;
     (c) If the collateral is held in a trust that is not a registered organization, only if the financing statement:
     (i) Provides, as the name of the debtor:
     (A) If the organic record of the trust specifies a name for the trust, the name specified; or
     (B) If the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and
     (ii) In a separate part of the financing statement:
     (A) If the name is provided in accordance with (c)(i)(A) of this subsection, indicates that the collateral is held in a trust; or
     (B) If the name is provided in accordance with (c)(i)(B) of this subsection, provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;
     (d) If the debtor is an individual, only if the financing statement:
     (i) Provides the individual name of the debtor;
     (ii) Provides the surname and first personal name of the debtor; or
     (iii) Subject to subsection (7) of this section, provides the name of the individual which is indicated on a driver's license or identification card that this state has issued to the individual and which has not expired; and
     (e) In other cases:
     (((A))) (i) If the debtor has a name, only if ((it)) the financing statement provides the ((individual or)) organizational name of the debtor; and
     (((B))) (ii) If the debtor does not have a name, only if ((it)) the financing statement provides the names of the partners, members, associates, or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor.
     (((b))) (2) Additional debtor-related information. A financing statement that provides the name of the debtor in accordance with subsection (((a))) (1) of this section is not rendered ineffective by the absence of:
     (((1))) (a) A trade name or other name of the debtor; or
     (((2))) (b) Unless required under subsection (((a)(4)(B))) (1)(e)(ii) of this section, names of partners, members, associates, or other persons comprising the debtor.
     (((c))) (3) Debtor's trade name insufficient. A financing statement that provides only the debtor's trade name does not sufficiently provide the name of the debtor.
     (((d))) (4) Representative capacity. Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.
     (((e))) (5) Multiple debtors and secured parties. A financing statement may provide the name of more than one debtor and the name of more than one secured party.
     (6) Name of decedent. The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the "name of the decedent" under subsection (1)(b) of this section.
     (7) Multiple driver's licenses. If this state has issued to an individual more than one driver's license or identification card of a kind described in subsection (1)(d) of this section, the one that was issued most recently is the one to which subsection (1)(d) of this section refers.
     (8) Definition. In this section, the "name of the settlor or testator" means:
     (a) If the settlor is a registered organization, the name that is stated to be the settlor's name on the public organic record most recently filed with or issued or enacted by the settlor's jurisdiction of organization which purports to state, amend, or restate the settlor's name; or
     (b) In other cases, the name of the settlor or testator indicated in the trust's organic record.

Sec. 402   RCW 62A.9A-507 and 2000 c 250 s 9A-507 are each amended to read as follows:
     (((a))) (1) Disposition. A filed financing statement remains effective with respect to collateral that is sold, exchanged, leased, licensed, or otherwise disposed of and in which a security interest or agricultural lien continues, even if the secured party knows of or consents to the disposition.
     (((b))) (2) Information becoming seriously misleading. Except as otherwise provided in subsection (((c))) (3) of this section and RCW 62A.9A-508, a financing statement is not rendered ineffective if, after the financing statement is filed, the information provided in the financing statement becomes seriously misleading under RCW 62A.9A-506.
     (((c))) (3) Change in debtor's name. If ((a debtor so changes its)) the name that a filed financing statement provides for a debtor becomes insufficient as the name of the debtor under RCW 62A.9A-503(1) so that the financing statement becomes seriously misleading under RCW 62A.9A-506:
     (((1))) (a) The financing statement is effective to perfect a security interest in collateral acquired by the debtor before, or within four months after, the ((change)) filed financing statement becomes seriously misleading; and
     (((2))) (b) The financing statement is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the ((change)) filed financing statement becomes seriously misleading, unless an amendment to the financing statement which renders the financing statement not seriously misleading is filed within four months after the ((change)) filed financing statement becomes seriously misleading.

Sec. 403   RCW 62A.9A-515 and 2000 c 250 s 9A-515 are each amended to read as follows:
     (((a))) (1) Five-year effectiveness. Except as otherwise provided in subsections (((b), (e), (f), and (g))) (2), (5), (6), and (7) of this section, a filed financing statement is effective for a period of five years after the date of filing.
     (((b))) (2) [Reserved]
     (((c))) (3) Lapse and continuation of financing statement. The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (((d))) (4) of this section. Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected otherwise. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.
     (((d))) (4) When continuation statement may be filed. A continuation statement may be filed only within six months before the expiration of the five-year period specified in subsection (((a))) (1) of this section or the thirty-year period specified in subsection (((b))) (2) of this section, whichever is applicable.
     (((e))) (5) Effect of filing continuation statement. Except as otherwise provided in RCW 62A.9A-510, upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of five years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the five-year period, the financing statement lapses in the same manner as provided in subsection (((c))) (3) of this section, unless, before the lapse, another continuation statement is filed pursuant to subsection (((d))) (4) of this section. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.
     (((f))) (6) Transmitting utility financing statement. If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.
     (((g))) (7) Record of mortgage as financing statement. A record of a mortgage that is effective as a financing statement filed as a fixture filing under RCW 62A.9A-502(c) remains effective as a financing statement filed as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.

Sec. 404   RCW 62A.9A-516 and 2001 c 32 s 38 are each amended to read as follows:
     (((a))) (1) What constitutes filing. Except as otherwise provided in subsection (((b))) (2) of this section, communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.
     (((b))) (2) Refusal to accept record; filing does not occur. Filing does not occur with respect to a record that a filing office refuses to accept because:
     (((1))) (a) The record is not communicated by a method or medium of communication authorized by the filing office;
     (((2))) (b) An amount equal to or greater than the applicable filing fee is not tendered or, in the case of a filing office described in RCW 62A.9A-501(a)(1), an amount equal to the applicable filing fee is not tendered;
     (((3))) (c) The filing office is unable to index the record because:
     (((A))) (i) In the case of an initial financing statement, the record does not provide a name for the debtor;
     (((B))) (ii) In the case of an amendment or ((correction)) information statement, the record:
     (((i))) (A) Does not identify the initial financing statement as required by RCW 62A.9A-512 or 62A.9A-518, as applicable; or
     (((ii))) (B) Identifies an initial financing statement whose effectiveness has lapsed under RCW 62A.9A-515;
     (((C))) (iii) In the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual which was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's ((last name)) surname; or
     (((D))) (iv) In the case of a record filed or recorded in the filing office described in RCW 62A.9A-501(a)(1), the record does not provide a name for the debtor or a sufficient description of the real property to which the record relates;
     (((4))) (d) In the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;
     (((5))) (e) In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement to which the amendment relates, the record does not:
     (((A))) (i) Provide a mailing address for the debtor; or
     (((B))) (ii) Indicate whether the name provided as the name of the debtor is the name of an individual or an organization; ((or
     (C) If the financing statement indicates that the debtor is an organization, provide:
     (i) A type of organization for the debtor;
     (ii) A jurisdiction of organization for the debtor; or
     (iii) An organizational identification number for the debtor or indicate that the debtor has none;
     (6))) (f) In the case of an assignment reflected in an initial financing statement under RCW 62A.9A-514(a) or an amendment filed under RCW 62A.9A-514(b), the record does not provide a name and mailing address for the assignee; or
     (((7))) (g) In the case of a continuation statement, the record is not filed within the six-month period prescribed by RCW 62A.9A-515(((d))) (4).
     (((c))) (3) Rules applicable to subsection (((b))) (2) of this section. For purposes of subsection (((b))) (2) of this section:
     (((1))) (a) A record does not provide information if the filing office is unable to read or decipher the information; and
     (((2))) (b) A record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by RCW 62A.9A-512, 62A.9A-514, or 62A.9A-518, is an initial financing statement.
     (((d))) (4) Refusal to accept record; record effective as filed record. A record that is communicated to the filing office with tender of the filing fee, but which the filing office refuses to accept for a reason other than one set forth in subsection (((b))) (2) of this section, is effective as a filed record except as against a purchaser of the collateral which gives value in reasonable reliance upon the absence of the record from the files.

Sec. 405   RCW 62A.9A-518 and 2000 c 250 s 9A-518 are each amended to read as follows:
     (((a) Correction statement.)) (1) Statement with respect to record indexed under person's name. A person may file in the filing office ((a correction)) an information statement with respect to a record indexed there under the person's name if the person believes that the record is inaccurate or was wrongfully filed.
     (((b) Sufficiency of correction statement. A correction)) (2) Contents of statement under subsection (1) of this section. An information statement under subsection (1) of this section must:
     (((1))) (a) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;
     (((2))) (b) Indicate that it is ((a correction)) an information statement; and
     (((3))) (c) Provide the basis for the person's belief that the record is inaccurate and indicate the manner in which the person believes the record should be amended to cure any inaccuracy or provide the basis for the person's belief that the record was wrongfully filed.
     (3) Statement by secured party of record. A person may file in the filing office an information statement with respect to a record filed there if the person is a secured party of record with respect to the financing statement to which the record relates and believes that the person that filed the record was not entitled to do so under RCW 62A.9A-509(d).
     (4) Contents of statement under subsection (5) of this section. An information statement under subsection (3) of this section must:
     (a) Identify the record to which it relates by the file number assigned to the initial financing statement to which the record relates;
     (b) Indicate that it is an information statement; and
     (c) Provide the basis for the person's belief that the person that filed the record was not entitled to do so under RCW 62A.9A-509(d).
     (((c))) (5) Record not affected by ((correction)) information statement. The filing of ((a correction)) an information statement does not affect the effectiveness of an initial financing statement or other filed record.

Sec. 406   RCW 62A.9A-521 and 2000 c 250 s 9A-521 are each amended to read as follows:
     (((a))) (1) Initial financing statement form. A filing office that accepts written records may not refuse to accept a written initial financing statement in the following form and format except for a reason set forth in RCW 62A.9A-516(((b))) (2):

Sec. 501   RCW 62A.9A-607 and 2000 c 250 s 9A-607 are each amended to read as follows:
     (((a))) (1) Collection and enforcement generally. If so agreed, and in any event after default, a secured party:
     (((1))) (a) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;
     (((2))) (b) May take any proceeds to which the secured party is entitled under RCW 62A.9A-315;
     (((3))) (c) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;
     (((4))) (d) If it holds a security interest in a deposit account perfected by control under RCW 62A.9A-104(a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and
     (((5))) (e) If it holds a security interest in a deposit account perfected by control under RCW 62A.9A-104(a) (2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
     (((b))) (2) Nonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise, under subsection (((a)(3))) (1)(c) of this section, the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded the secured party's sworn affidavit stating that:
     (((1))) (a) Default has occurred ((under the security agreement that creates or provides for a security interest in the obligations secured by the mortgage)) with respect to the obligation secured by the mortgage;
     (((2))) (b) A copy of the security agreement that creates or provides for a security interest in the obligations secured by the mortgage is attached to the affidavit; and
     (((3))) (c) The secured party is entitled to enforce the mortgage nonjudicially.
     If the secured party's affidavit and attached copy of the security agreement in the form prescribed by chapter 65.04 RCW are presented with the applicable fee to the office in which a record of the mortgage is recorded, the affidavit and attached copy of the security agreement shall be recorded pursuant to RCW 65.04.030(3).
     (((c))) (3) Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party:
     (((1))) (a) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and
     (((2))) (b) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.
     (((d))) (4) Expenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (((c))) (3) of this section reasonable expenses of collection and enforcement, including reasonable attorneys' fees and legal expenses incurred by the secured party.
     (((e))) (5) Duties to secured party not affected. This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.

NEW SECTION.  Sec. 601   (1) Preeffective date transactions or liens. Except as otherwise provided in this section or sections 602 through 608 of this act, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before the effective date of this section.
     (2) Preeffective date proceedings. This act does not affect an action, case, or proceeding commenced before the effective date of this section.

NEW SECTION.  Sec. 602   A new section is added to chapter 62A.9A RCW to be codified as RCW 62A.9A-803 to read as follows:
     SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE. (1) Continuing perfection: Perfection requirements satisfied. A security interest that is a perfected security interest immediately before the effective date of this section is a perfected security interest under chapter 62A.9A RCW if, on the effective date of this section, the applicable requirements for attachment and perfection under chapter 62A.9A RCW as of the effective date of this section are satisfied without further action.
     (2) Continuing perfection: Perfection requirements not satisfied. Except as otherwise provided in section 604 of this act, if, immediately before the effective date of this section, a security interest is a perfected security interest, but the applicable requirements for perfection under chapter 62A.9A RCW as of the effective date of this section are not satisfied when this section takes effect, the security interest remains perfected thereafter only if the applicable requirements for perfection under chapter 62A.9A RCW as of the effective date of this section are satisfied within one year after the effective date of this section.

NEW SECTION.  Sec. 603   A new section is added to chapter 62A.9A RCW to be codified as RCW 62A.9A-804 to read as follows:
     SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE. A security interest that is an unperfected security interest immediately before the effective date of this section becomes a perfected security interest:
     (1) Without further action, on the effective date of this section if the applicable requirements for perfection under chapter 62A.9A RCW are satisfied before or at that time; or
     (2) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.

NEW SECTION.  Sec. 604   A new section is added to chapter 62A.9A RCW to be codified as RCW 62A.9A-805 to read as follows:
     EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE. (1) Preeffective date filing effective. The filing of a financing statement before the effective date of this section is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under chapter 62A.9A RCW as of the effective date of this section.
     (2) When preeffective date filing becomes ineffective. This act does not render ineffective an effective financing statement that, before the effective date of this section, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in chapter 62A.9A RCW as it existed before the effective date of this section. However, except as otherwise provided in subsections (3) and (4) of this section and section 605 of this act, the financing statement ceases to be effective:
     (a) If the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had this section not taken effect; or
     (b) If the financing statement is filed in another jurisdiction, at the earlier of:
     (i) The time the financing statement would have ceased to be effective under the law of that jurisdiction; or
     (ii) June 30, 2018.
     (3) Continuation statement. The filing of a continuation statement after the effective date of this section does not continue the effectiveness of a financing statement filed before the effective date of this section. However, upon the timely filing of a continuation statement after the effective date of this section and in accordance with the law of the jurisdiction governing perfection as provided in chapter 62A.9A RCW as of the effective date of this section, the effectiveness of a financing statement filed in the same office in that jurisdiction before the effective date of this section continues for the period provided by the law of that jurisdiction.
     (4) Application of subsection (2)(b)(ii) to transmitting utility financing statement. Subsection (2)(b)(ii) of this section applies to a financing statement that, before the effective date of this section, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in chapter 62A.9A RCW as it existed before the effective date of this section, only to the extent that chapter 62A.9A RCW as of the effective date of this section provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.
     (5) Application of Part 4. A financing statement that includes a financing statement filed before the effective date of this section and a continuation statement filed after the effective date of this section is effective only to the extent that it satisfies the requirements of RCW 62A.9A-502, 62A.9A-503, 62A.9A-507, 62A.9A-515, 62A.9A-516, 62A.9A-518, and 62A.9A-521 as of the effective date of this section, for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of RCW 62A.9A-503(1)(b) as of the effective date of this section. A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of RCW 62A.9A-503(1)(c) as of the effective date of this section.

NEW SECTION.  Sec. 605   A new section is added to chapter 62A.9A RCW to be codified as RCW 62A.9A-806 to read as follows:
     WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT. (1) Initial financing statement in lieu of continuation statement. The filing of an initial financing statement in the office specified in RCW 62A.9A-501 continues the effectiveness of a financing statement filed before the effective date of this section if:
     (a) The filing of an initial financing statement in that office would be effective to perfect a security interest under chapter 62A.9A RCW as of the effective date of this section;
     (b) The preeffective date financing statement was filed in an office in another state; and
     (c) The initial financing statement satisfies subsection (3) of this section.
     (2) Period of continued effectiveness. The filing of an initial financing statement under subsection (1) of this section continues the effectiveness of the preeffective date financing statement:
     (a) If the initial financing statement is filed before the effective date of this section, for the period provided in RCW 62A.9A-515, as it existed before the effective date of this section with respect to an initial financing statement; and
     (b) If the initial financing statement is filed after the effective date of this section, for the period provided in RCW 62A.9A-515 as of the effective date of this section with respect to an initial financing statement.
     (3) Requirements for initial financing statement under subsection (1) of this section. To be effective for purposes of subsection (1) of this section, an initial financing statement must:
     (a) Beginning on the effective date of this section, satisfy the requirements of RCW 62A.9A-502, 62A.9A-503, 62A.9A-507, 62A.9A-515, 62A.9A-516, 62A.9A-518, and 62A.9A-521 for an initial financing statement;
     (b) Identify the preeffective date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and
     (c) Indicate that the preeffective date financing statement remains effective.

NEW SECTION.  Sec. 606   A new section is added to chapter 62A.9A RCW to be codified as RCW 62A.9A-807 to read as follows:
     AMENDMENT OF PREEFFECTIVE DATE FINANCING STATEMENT. (1) "Preeffective date financing statement." For the purposes of this section, "preeffective date financing statement" means a financing statement filed before the effective date of this section.
     (2) Applicable law. After the effective date of this section, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in, a preeffective date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in chapter 62A.9A RCW as of the effective date of this section. However, the effectiveness of a preeffective date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
     (3) Method of amending: General rule. Except as otherwise provided in subsection (4) of this section, if the law of this state governs perfection of a security interest, the information in a preeffective date financing statement may be amended after the effective date of this section only if:
     (a) The preeffective date financing statement and an amendment are filed in the office specified in RCW 62A.9A-501;
     (b) An amendment is filed in the office specified in RCW 62A.9A-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies section 605(3) of this act; or
     (c) An initial financing statement that provides the information as amended and satisfies section 605(3) of this act is filed in the office specified in RCW 62A.9A-501.
     (4) Method of amending: Continuation. If the law of this state governs perfection of a security interest, the effectiveness of a preeffective date financing statement may be continued only under section 604 (3) or (5) or 605 of this act.
     (5) Method of amending: Additional termination rule. Whether or not the law of this state governs perfection of a security interest, the effectiveness of a preeffective date financing statement filed in this state may be terminated after the effective date of this section by filing a termination statement in the office in which the preeffective date financing statement is filed, unless an initial financing statement that satisfies section 605(3) of this act has been filed in the office specified by the law of the jurisdiction governing perfection as provided in chapter 62A.9A RCW as of the effective date of this section as the office in which to file a financing statement.

NEW SECTION.  Sec. 607   A new section is added to chapter 62A.9A RCW to be codified as RCW 62A.9A-808 to read as follows:
     PERSON ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT. A person may file an initial financing statement or a continuation statement under this part if:
     (1) The secured party of record authorizes the filing; and
     (2) The filing is necessary under this part:
     (a) To continue the effectiveness of a financing statement filed before the effective date of this section; or
     (b) To perfect or continue the perfection of a security interest.

NEW SECTION.  Sec. 608   A new section is added to chapter 62A.9A RCW to be codified as RCW 62A.9A-809 to read as follows:
     PRIORITY. This act determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before the effective date of this section, chapter 62A.9A RCW as it existed before the effective date of this section determines priority.

Sec. 701   RCW 62A.2A-103 and 2000 c 250 s 9A-808 are each amended to read as follows:
     (1) In this Article unless the context otherwise requires:
     (a) "Buyer in ordinary course of business" means a person who in good faith and without knowledge that the sale to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. "Buying" may be for cash, or by exchange of other property, or on secured or unsecured credit, and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
     (b) "Cancellation" occurs when either party puts an end to the lease contract for default by the other party.
     (c) "Commercial unit" means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole.
     (d) "Conforming" goods or performance under a lease contract means goods or performance that are in accordance with the obligations under the lease contract.
     (e) "Consumer lease" means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed twenty-five thousand dollars.
     (f) "Fault" means wrongful act, omission, breach, or default.
     (g) "Finance lease" means a lease with respect to which:
     (i) The lessor does not select, manufacture, or supply the goods;
     (ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and
     (iii) Only in the case of a consumer lease, either:
     (A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;
     (B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract; or
     (C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods.
     (h) "Goods" means all things that are movable at the time of identification to the lease contract, or are fixtures (RCW 62A.2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.
     (i) "Installment lease contract" means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent.
     (j) "Lease" means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.
     (k) "Lease agreement" means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.
     (l) "Lease contract" means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract.
     (m) "Leasehold interest" means the interest of the lessor or the lessee under a lease contract.
     (n) "Lessee" means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.
     (o) "Lessee in ordinary course of business" means a person who in good faith and without knowledge that the lease to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods, leases in ordinary course from a person in the business of selling or leasing goods of that kind, but does not include a pawnbroker. "Leasing" may be for cash, or by exchange of other property, or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
     (p) "Lessor" means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.
     (q) "Lessor's residual interest" means the lessor's interest in the goods after expiration, termination, or cancellation of the lease contract.
     (r) "Lien" means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest.
     (s) "Lot" means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract.
     (t) "Merchant lessee" means a lessee that is a merchant with respect to goods of the kind subject to the lease.
     (u) "Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.
     (v) "Purchase" includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods.
     (w) "Sublease" means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.
     (x) "Supplier" means a person from whom a lessor buys or leases goods to be leased under a finance lease.
     (y) "Supply contract" means a contract under which a lessor buys or leases goods to be leased.
     (z) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the lease contract otherwise than for default.
     (2) Other definitions applying to this Article or to specified Parts thereof, and the sections in which they appear are:

Sec. 702   RCW 43.340.050 and 2002 c 365 s 8 are each amended to read as follows:
     (1) The authority may issue its bonds in principal amounts which, in the opinion of the authority, are necessary to provide sufficient funds for achievement of its purposes, the payment of debt service on its bonds, the establishment of reserves to secure the bonds, the costs of issuance of its bonds and credit enhancements, if any, and all other expenditures of the authority incident to and necessary to carry out its purposes or powers. The authority may also issue refunding bonds, including advance refunding bonds, for the purpose of refunding previously issued bonds, and may issue other types of bonds, debt obligations, and financing arrangements necessary to fulfill its purposes or the purposes of this chapter. The bonds are investment securities and negotiable instruments within the meaning of and for the purposes of the uniform commercial code.
     (2) The authority's bonds shall bear such date or dates, mature at such time or times, be in such denominations, be in such form, be registered or registrable in such manner, be made transferable, exchangeable, and interchangeable, be payable in such medium of payment, at such place or places, be subject to such terms of redemption, bear such fixed or variable rate or rates of interest, be taxable or tax exempt, be payable at such time or times, and be sold in such manner and at such price or prices, as the authority determines. The bonds shall be executed by one or more officers of the authority, and by the trustee or paying agent if the authority determines to use a trustee or paying agent for the bonds. Execution of the bonds may be by manual or facsimile signature, provided that at least one signature on the bond is manual.
     (3) The bonds of the authority shall be subject to such terms, conditions, covenants, and protective provisions as are found necessary or desirable by the authority, including, but not limited to, pledges of the authority's assets, setting aside of reserves, and other provisions the authority finds are necessary or desirable for the security of bondholders.
     (4) Any revenue pledged by the authority to be received under the sales agreement or in special funds created by the authority shall be valid and binding at the time the pledge is made. Receipts so pledged and then or thereafter received by the authority and any securities in which such receipts may be invested shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act. The lien of any such pledge shall be valid and binding as against all parties having claims of any kind against the authority, whether such parties have notice of the lien. Notwithstanding any other provision to the contrary, the resolution or indenture of the authority or any other instrument by which a pledge is created need not be recorded or filed pursuant to chapter 62A.9A RCW to perfect such pledge. The authority shall constitute a governmental unit within the meaning of RCW 62A.9A-102(((a)(45))).
     (5) When issuing bonds, the authority may provide for the future issuance of additional bonds or parity debt on a parity with outstanding bonds, and the terms and conditions of their issuance. The authority may issue refunding bonds in accordance with chapter 39.53 RCW or issue bonds with a subordinate lien against the fund or funds securing outstanding bonds.
     (6) The board and any person executing the bonds are not liable personally on the indebtedness or subject to any personal liability or accountability by reason of the issuance thereof.
     (7) The authority may, out of any fund available therefor, purchase its bonds in the open market.

Sec. 703   RCW 60.56.015 and 2001 c 32 s 7 are each amended to read as follows:
     An agister who holds a lien under RCW 60.56.010 shall perfect the lien by (1) posting notice of the lien in a conspicuous location on the premises where the lien holder is keeping the animal or animals, (2) providing a copy of the posted notice to the owner of the animal or animals, and (3) providing a copy of the posted notice to any lien creditor as defined in RCW 62A.9A-102(((52))) if the amount of the agister lien is in excess of one thousand five hundred dollars. A lien creditor may be determined through a search under RCW 62A.9A-523 and 62A.9A-526. The lien holder is entitled to collect from the buyer, the seller, or the person selling on a commission basis if there is a failure to make payment to the perfected lien holder.

Sec. 704   RCW 60.11.040 and 2000 c 250 s 9A-827 are each amended to read as follows:
     (1) Within fourteen days of receipt of a written request from the lien debtor, or other person who provides the lien holder authorization from the lien debtor for such statement, the lien holder shall provide that person a statement described in subsection (2) of this section. Failure timely to provide the statement shall cause the lien holder to be liable to the person requesting for the attorneys' fees and costs incurred by that person to obtain the statement, together with damages incurred by that person due to the failure of the lien holder to provide the statement, including in the case of the lien debtor any loss resulting from the lien debtor's inability to obtain financing, or the increased costs thereof.
     (2) The statement shall be in writing, authenticated by the claimant, and shall contain in substance the following information:
     (a) The name and address of the claimant;
     (b) The name and address of the debtor;
     (c) The date of commencement of performance for which the lien is claimed;
     (d) A description of the labor services, materials, or supplies furnished;
     (e) A description of the crop and its location to be charged with the lien sufficient for identification; and
     (f) The signature of the claimant.
     (3) The statement need not be filed with the department of licensing.
     (4) A lien for rent claimed by a landlord pursuant to this chapter shall be effective during the term of the lease for a period of up to five years. A financing statement for a landlord lien covering a lease term longer than five years may be continued in accordance with RCW 62A.9A-515(((d))) (4). A landlord who has a right to a share of the crop may place suppliers on notice by filing a financing statement in the same manner as provided for filing a financing statement for a landlord's lien.

Sec. 705   RCW 62A.2A-310 and 2000 c 250 s 9A-812 are each amended to read as follows:
     (1) Goods are "accessions" when they are installed in or affixed to other goods.
     (2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4) of this section.
     (3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) of this section but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease, or disclaimed an interest in the goods as part of the whole, or the accession is leased under tariff No. 74 for residential conversion burners leased by a natural gas utility.
     (4) Unless the accession is leased under tariff No. 74 for residential conversion burners leased by a natural gas utility, the interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) of this section is subordinate to the interest of:
     (a) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions;
     (b) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract; or
     (c) A creditor with a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under RCW 62A.9A-311(((b))) (2).
     (5) When under subsections (2) or (3) and (4) of this section a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this Article, or (b) if necessary to enforce his or her other rights and remedies under this Article, remove the goods from the whole, free and clear of all interests in the whole, but he or she must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation.

Sec. 706   RCW 62A.8-103 and 2000 c 250 s 9A-815 are each amended to read as follows:
     (1) A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security.
     (2) An "investment company security" is a security. "Investment company security" means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that is so registered. Investment company security does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.
     (3) An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that it is a security governed by this Article, or it is an investment company security. However, an interest in a partnership or limited liability company is a financial asset if it is held in a securities account.
     (4) A writing that is a security certificate is governed by this Article and not by Article 3, even though it also meets the requirements of that Article. However, a negotiable instrument governed by Article 3 is a financial asset if it is held in a securities account.
     (5) An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.
     (6) A commodity contract, as defined in RCW 62A.9A-102(((a)(15))), is not a security or a financial asset.

Sec. 707   RCW 62A.9A-209 and 2000 c 250 s 9A-209 are each amended to read as follows:
     (((a))) (1) Applicability of section. Except as otherwise provided in subsection (((c))) (3) of this section, this section applies if:
     (((1))) (a) There is no outstanding secured obligation; and
     (((2))) (b) The secured party is not committed to make advances, incur obligations, or otherwise give value.
     (((b))) (2) Duties of secured party after receiving demand from debtor. Within ten days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under RCW 62A.9A-406(((a))) (1) an authenticated record that releases the account debtor from any further obligation to the secured party.
     (((c))) (3) Inapplicability to sales. This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.

Sec. 708   RCW 62A.9A-309 and 2000 c 250 s 9A-309 are each amended to read as follows:
     The following security interests are perfected when they attach:
     (1) A purchase-money security interest in consumer goods, except as otherwise provided in RCW 62A.9A-311(((b))) (2) with respect to consumer goods that are subject to a statute or treaty described in RCW 62A.9A-311(((a))) (1);
     (2) An assignment of accounts or payment intangibles which does not by itself or in conjunction with other assignments to the same assignee transfer more than fifty thousand dollars, or ten percent of the total amount of the assignor's outstanding accounts and payment intangibles;
     (3) A sale of a payment intangible;
     (4) A sale of a promissory note;
     (5) A security interest created by the assignment of a health-care-insurance receivable to the provider of the health-care goods or services;
     (6) A security interest arising under RCW 62A.2-401, 62A.2-505, 62A.2-711(3), or 62A.2A-508(5), until the debtor obtains possession of the collateral;
     (7) A security interest of a collecting bank arising under RCW 62A.4-210;
     (8) A security interest of an issuer or nominated person arising under RCW 62A.5-118;
     (9) A security interest arising in the delivery of a financial asset under RCW 62A.9A-206(c);
     (10) A security interest in investment property created by a broker or securities intermediary;
     (11) A security interest in a commodity contract or a commodity account created by a commodity intermediary;
     (12) An assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and
     (13) A security interest created by an assignment of a beneficial interest in a decedent's estate.

Sec. 709   RCW 62A.9A-310 and 2000 c 250 s 9A-310 are each amended to read as follows:
     (((a))) (1) General rule: Perfection by filing. Except as otherwise provided in subsections (((b) and (d))) (2) and (4) of this section and RCW 62A.9A-312(b), a financing statement must be filed to perfect all security interests and agricultural liens.
     (((b))) (2) Exceptions: Filing not necessary. The filing of a financing statement is not necessary to perfect a security interest:
     (((1))) (a) That is perfected under RCW 62A.9A-308 (d), (e), (f), or (g);
     (((2))) (b) That is perfected under RCW 62A.9A-309 when it attaches;
     (((3))) (c) In property subject to a statute, regulation, or treaty described in RCW 62A.9A-311(((a))) (1);
     (((4))) (d) In goods in possession of a bailee which is perfected under RCW 62A.9A-312(d) (1) or (2);
     (((5))) (e) In certificated securities, documents, goods, or instruments which is perfected without filing or possession under RCW 62A.9A-312 (e), (f), or (g);
     (((6))) (f) In collateral in the secured party's possession under RCW 62A.9A-313;
     (((7))) (g) In a certificated security which is perfected by delivery of the security certificate to the secured party under RCW 62A.9A-313;
     (((8))) (h) In deposit accounts, electronic chattel paper, investment property, or letter-of-credit rights which is perfected by control under RCW 62A.9A-314;
     (((9))) (i) In proceeds which is perfected under RCW 62A.9A-315; or
     (((10))) (j) That is perfected under RCW 62A.9A-316.
     (((c))) (3) Assignment of perfected security interest. If a secured party assigns a perfected security interest or agricultural lien, a filing under this Article is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
     (((d))) (4) Further exception: Filing not necessary for handler's lien. The filing of a financing statement is not necessary to perfect the agricultural lien of a handler on orchard crops as provided in RCW 60.11.020(3).

Sec. 710   RCW 62A.9A-313 and 2001 c 32 s 26 are each amended to read as follows:
     (((a))) (1) Perfection by possession or delivery. Except as otherwise provided in subsection (((b))) (2) of this section, a secured party may perfect a security interest in negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under RCW 62A.8-301.
     (((b))) (2) Goods covered by certificate of title. With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in RCW 62A.9A-316(((d))) (4).
     (((c))) (3) Collateral in possession of person other than debtor. With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor's business, when:
     (((1))) (a) The person in possession authenticates a record acknowledging that it holds possession of the collateral for the secured party's benefit; or
     (((2))) (b) The person takes possession of the collateral after having authenticated a record acknowledging that it will hold possession of collateral for the secured party's benefit.
     (((d))) (4) Time of perfection by possession; continuation of perfection. If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs no earlier than the time the secured party takes possession and continues only while the secured party retains possession.
     (((e))) (5) Time of perfection by delivery; continuation of perfection. A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under RCW 62A.8-301 and remains perfected by delivery until the debtor obtains possession of the security certificate.
     (((f))) (6) Acknowledgment not required. A person in possession of collateral is not required to acknowledge that it holds possession for a secured party's benefit.
     (((g))) (7) Effectiveness of acknowledgment; no duties or confirmation. If a person acknowledges that it holds possession for the secured party's benefit:
     (((1))) (a) The acknowledgment is effective under subsection (((c))) (3) of this section or RCW 62A.8-301(1), even if the acknowledgment violates the rights of a debtor; and
     (((2))) (b) Unless the person otherwise agrees or law other than this Article otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person.
     (((h))) (8) Secured party's delivery to person other than debtor. A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor's business if the person was instructed before the delivery or is instructed contemporaneously with the delivery:
     (((1))) (a) To hold possession of the collateral for the secured party's benefit; or
     (((2))) (b) To redeliver the collateral to the secured party.
     (((i))) (9) Effect of delivery under subsection (((h))) (8) of this section; no duties or confirmation. A secured party does not relinquish possession, even if a delivery under subsection (((h))) (8) of this section violates the rights of a debtor. A person to which collateral is delivered under subsection (((h))) (8) of this section does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this Article otherwise provides.

Sec. 711   RCW 62A.9A-320 and 2000 c 250 s 9A-320 are each amended to read as follows:
     (((a))) (1) Buyer in ordinary course of business. Except as otherwise provided in subsection (((e))) (5) of this section, a buyer in ordinary course of business, other than a person buying farm products from a person engaged in farming operations, takes free of a security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence.
     (((b))) (2) Buyer of consumer goods. Except as otherwise provided in subsection (((e))) (5) of this section, a buyer of goods from a person who used or bought the goods for use primarily for personal, family, or household purposes takes free of a security interest, even if perfected, if the buyer buys:
     (((1))) (a) Without knowledge of the security interest;
     (((2))) (b) For value;
     (((3))) (c) Primarily for the buyer's personal, family, or household purposes; and
     (((4))) (d) Before the filing of a financing statement covering the goods.
     (((c))) (3) Effectiveness of filing for subsection (((b))) (2) of this section. To the extent that it affects the priority of a security interest over a buyer of goods under subsection (((b))) (2) of this section, the period of effectiveness of a filing made in the jurisdiction in which the seller is located is governed by RCW 62A.9A-316 (((a) and (b))) (1) and (2).
     (((d))) (4) Buyer in ordinary course of business at wellhead or minehead. A buyer in ordinary course of business buying oil, gas, or other minerals at the wellhead or minehead or after extraction takes free of an interest arising out of an encumbrance.
     (((e))) (5) Possessory security interest not affected. Subsections (((a) and (b))) (1) and (2) of this section do not affect a security interest in goods in the possession of the secured party under RCW 62A.9A-313.

Sec. 712   RCW 62A.9A-328 and 2001 c 32 s 29 are each amended to read as follows:
     The following rules govern priority among conflicting security interests in the same investment property:
     (1) A security interest held by a secured party having control of investment property under RCW 62A.9A-106 has priority over a security interest held by a secured party that does not have control of the investment property.
     (2) Except as otherwise provided in subsections (3) and (4) of this section, conflicting security interests held by secured parties each of which has control under RCW 62A.9A-106 rank according to priority in time of:
     (a) If the collateral is a security, obtaining control;
     (b) If the collateral is a security entitlement carried in a securities account and:
     (i) If the secured party obtained control under RCW 62A.8-106(4)(a), the secured party's becoming the person for which the securities account is maintained;
     (ii) If the secured party obtained control under RCW 62A.8-106(4)(b), the securities intermediary's agreement to comply with the secured party's entitlement orders with respect to security entitlements carried or to be carried in the securities account; or
     (iii) If the secured party obtained control through another person under RCW 62A.8-106(4)(c), the time on which priority would be based under this paragraph if the other person were the secured party; or
     (c) If the collateral is a commodity contract carried with a commodity intermediary, the satisfaction of the requirement for control specified in RCW 62A.9A-106(b)(2) with respect to commodity contracts carried or to be carried with the commodity intermediary.
     (3) A security interest held by a securities intermediary in a security entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.
     (4) A security interest held by a commodity intermediary in a commodity contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.
     (5) A security interest in a certificated security in registered form which is perfected by taking delivery under RCW 62A.9A-313(((a))) (1) and not by control under RCW 62A.9A-314 has priority over a conflicting security interest perfected by a method other than control.
     (6) Conflicting security interests created by a broker, securities intermediary, or commodity intermediary which are perfected without control under RCW 62A.9A-106 rank equally.
     (7) In all other cases, priority among conflicting security interests in investment property is governed by RCW 62A.9A-322 and 62A.9A-323.

Sec. 713   RCW 62A.9A-335 and 2000 c 250 s 9A-335 are each amended to read as follows:
     (((a))) (1) Creation of security interest in accession. A security interest may be created in an accession and continues in collateral that becomes an accession.
     (((b))) (2) Perfection of security interest. If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.
     (((c))) (3) Priority of security interest. Except as otherwise provided in subsection (((d))) (4) of this section, the other provisions of this part determine the priority of a security interest in an accession.
     (((d))) (4) Compliance with certificate-of-title statute. A security interest in an accession is subordinate to a security interest in the whole which is perfected by compliance with the requirements of a certificate-of-title statute under RCW 62A.9A-311(((b))) (2).
     (((e))) (5) Removal of accession after default. After default, subject to Part 6 of this Article, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.
     (((f))) (6) Reimbursement following removal. A secured party that removes an accession from other goods under subsection (((e))) (5) of this section shall promptly reimburse any holder of a security interest or other lien on, or owner of, the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the holder or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.

Sec. 714   RCW 62A.9A-337 and 2000 c 250 s 9A-337 are each amended to read as follows:
     If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:
     (1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and
     (2) The security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under RCW 62A.9A-311(((b))) (2), after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.

Sec. 715   RCW 62A.9A-338 and 2000 c 250 s 9A-338 are each amended to read as follows:
     If a security interest or agricultural lien is perfected by a filed financing statement providing information described in RCW 62A.9A-516(((b)(5))) (2)(e) which is incorrect at the time the financing statement is filed:
     (1) The security interest or agricultural lien is subordinate to a conflicting perfected security interest in the collateral to the extent that the holder of the conflicting security interest gives value in reasonable reliance upon the incorrect information; and
     (2) A purchaser, other than a secured party, of the collateral takes free of the security interest or agricultural lien to the extent that, in reasonable reliance upon the incorrect information, the purchaser gives value and, in the case of chattel paper, documents, goods, instruments, or a security certificate, receives delivery of the collateral.

Sec. 716   RCW 62A.9A-405 and 2000 c 250 s 9A-405 are each amended to read as follows:
     (((a))) (1) Effect of modification on assignee. A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (((b) through (d))) (2) through (4) of this section.
     (((b))) (2) Applicability of subsection (((a))) (1) of this section. Subsection (((a))) (1) of this section applies to the extent that:
     (((1))) (a) The right to payment or a part thereof under an assigned contract has not been fully earned by performance; or
     (((2))) (b) The right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under RCW 62A.9A-406(((a))) (1).
     (((c))) (3) Rule for individual under other law. This section is subject to law other than this Article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
     (((d))) (4) Inapplicability to health-care-insurance receivable. This section does not apply to an assignment of a health-care-insurance receivable.

Sec. 717   RCW 62A.9A-505 and 2000 c 250 s 9A-505 are each amended to read as follows:
     (((a))) (1) Use of terms other than "debtor" and "secured party." A consignor, lessor, or other bailor of goods, a licensor, or a buyer of a payment intangible or promissory note may file a financing statement, or may comply with a statute or treaty described in RCW 62A.9A-311(((a))) (1), using the terms "consignor," "consignee," "lessor," "lessee," "bailor," "bailee," "licensor," "licensee," "owner," "registered owner," "buyer," "seller," or words of similar import, instead of the terms "secured party" and "debtor."
     (((b))) (2) Effect of financing statement under subsection (((a))) (1) of this section. This part applies to the filing of a financing statement under subsection (((a))) (1) of this section and, as appropriate, to compliance that is equivalent to filing a financing statement under RCW 62A.9A-311(((b))) (2), but the filing or compliance is not of itself a factor in determining whether the collateral secures an obligation. If it is determined for another reason that the collateral secures an obligation, a security interest held by the consignor, lessor, bailor, licensor, owner, or buyer which attaches to the collateral is perfected by the filing or compliance.

Sec. 718   RCW 62A.9A-506 and 2000 c 250 s 9A-506 are each amended to read as follows:
     (((a))) (1) Minor errors and omissions. A financing statement substantially satisfying the requirements of this part is effective, even if it has minor errors or omissions, unless the errors or omissions make the financing statement seriously misleading.
     (((b))) (2) Financing statement seriously misleading. Except as otherwise provided in subsection (((c))) (3) of this section, a financing statement that fails sufficiently to provide the name of the debtor in accordance with RCW 62A.9A-503(((a))) (1) is seriously misleading.
     (((c))) (3) Financing statement not seriously misleading. If a search of the records of the filing office under the debtor's correct name, using the filing office's standard search logic, if any, would disclose a financing statement that fails sufficiently to provide the name of the debtor in accordance with RCW 62A.9A-503(((a))) (1), the name provided does not make the financing statement seriously misleading.
     (((d))) (4) "Debtor's correct name." For purposes of RCW 62A.9A-508(((b))) (2), the "debtor's correct name" in subsection (((c))) (3) of this section means the correct name of the new debtor.

Sec. 719   RCW 62A.9A-508 and 2000 c 250 s 9A-508 are each amended to read as follows:
     (((a))) (1) Financing statement naming original debtor. Except as otherwise provided in this section, a filed financing statement naming an original debtor is effective to perfect a security interest in collateral in which a new debtor has or acquires rights to the extent that the financing statement would have been effective had the original debtor acquired rights in the collateral.
     (((b))) (2) Financing statement becoming seriously misleading. If the difference between the name of the original debtor and that of the new debtor causes a filed financing statement that is effective under subsection (((a))) (1) of this section to be seriously misleading under RCW 62A.9A-506:
     (((1))) (a) The financing statement is effective to perfect a security interest in collateral acquired by the new debtor before, and within four months after, the new debtor becomes bound under RCW 62A.9A-203(d); and
     (((2))) (b) The financing statement is not effective to perfect a security interest in collateral acquired by the new debtor more than four months after the new debtor becomes bound under RCW 62A.9A-203(d) unless an initial financing statement providing the name of the new debtor is filed before the expiration of that time.
     (((c))) (3) When section not applicable. This section does not apply to collateral as to which a filed financing statement remains effective against the new debtor under RCW 62A.9A-507(((a))) (1).

Sec. 720   RCW 62A.9A-510 and 2000 c 250 s 9A-510 are each amended to read as follows:
     (((a))) (1) Filed record effective if authorized. A filed record is effective only to the extent that it was filed by a person that may file it under RCW 62A.9A-509.
     (((b))) (2) Authorization by one secured party of record. A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
     (((c))) (3) Continuation statement not timely filed. A continuation statement that is not filed within the six-month period prescribed by RCW 62A.9A-515(((d))) (4) is ineffective.

Sec. 721   RCW 62A.9A-520 and 2001 c 32 s 39 are each amended to read as follows:
     (((a))) (1) Mandatory refusal to accept record. The filing office described in RCW 62A.9A-501(a)(2) shall refuse to accept a record for filing for a reason set forth in RCW 62A.9A-516(((b))) (2). A filing office described in RCW 62A.9A-501(a)(1) shall refuse to accept a record for filing for a reason set forth in RCW 62A.9A-516(((b) (1) through (4))) (2) (a) through (d) and any filing office may refuse to accept a record for filing only for a reason set forth in RCW 62A.9A-516(((b))) (2).
     (((b))) (2) Communication concerning refusal. If a filing office refuses to accept a record for filing, it shall communicate to the person that presented the record the fact of and reason for the refusal and the date and time the record would have been filed had the filing office accepted it. The communication must be made at the time and in the manner prescribed by filing-office rule but, in the case of a filing office described in RCW 62A.9A-501(a)(2), in no event more than two business days after the filing office receives the record.
     (((c))) (3) When filed financing statement effective. A filed financing statement satisfying RCW 62A.9A-502 (a) and (b) is effective, even if the filing office is required to refuse to accept it for filing under subsection (((a))) (1) of this section. However, RCW 62A.9A-338 applies to a filed financing statement providing information described in RCW 62A.9A-516(((b)(5))) (2)(e) which is incorrect at the time the financing statement is filed.
     (((d))) (4) Separate application to multiple debtors. If a record communicated to a filing office provides information that relates to more than one debtor, this part applies as to each debtor separately.

Sec. 722   RCW 62A.9A-601 and 2000 c 250 s 9A-601 are each amended to read as follows:
     (((a))) (1) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in RCW 62A.9A-602, those provided by agreement of the parties. A secured party:
     (((1))) (a) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
     (((2))) (b) If the collateral is documents, may proceed either as to the documents or as to the goods they cover.
     (((b))) (2) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under RCW 62A.9A-104, 62A.9A-105, 62A.9A-106, or 62A.9A-107 has the rights and duties provided in RCW 62A.9A-207.
     (((c))) (3) Rights cumulative; simultaneous exercise. The rights under subsections (((a) and (b))) (1) and (2) of this section are cumulative and may be exercised simultaneously.
     (((d))) (4) Rights of debtor and obligor. Except as otherwise provided in subsection (((g))) (7) of this section and RCW 62A.9A-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
     (((e))) (5) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
     (((1))) (a) The date of perfection of the security interest or agricultural lien in the collateral;
     (((2))) (b) The date of filing a financing statement covering the collateral; or
     (((3))) (c) Any date specified in a statute under which the agricultural lien was created.
     (((f))) (6) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this Article.
     (((g))) (7) Consignor or buyer of certain rights to payment. Except as otherwise provided in RCW 62A.9A-607(((c))) (3), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
     (((h))) (8) Enforcement restrictions. All rights and remedies provided in this part with respect to promissory notes or an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license, or franchise, are subject to RCW 62A.9A-408 to the extent applicable.

Sec. 723   RCW 62A.9A-602 and 2000 c 250 s 9A-602 are each amended to read as follows:
     Except as otherwise provided in RCW 62A.9A-624, to the extent that they give rights to an obligor (other than a secondary obligor) or a debtor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
     (1) RCW 62A.9A-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;
     (2) RCW 62A.9A-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
     (3) RCW 62A.9A-607(((c))) (3), which deals with collection and enforcement of collateral;
     (4) RCW 62A.9A-608(a) and 62A.9A-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
     (5) RCW 62A.9A-608(a) and 62A.9A-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
     (6) RCW 62A.9A-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;
     (7) RCW 62A.9A-610(b), 62A.9A-611, 62A.9A-613, and 62A.9A-614, which deal with disposition of collateral;
     (8) [Reserved]
     (9) RCW 62A.9A-616, which deals with explanation of the calculation of a surplus or deficiency;
     (10) RCW 62A.9A-620, 62A.9A-621, and 62A.9A-622, which deal with acceptance of collateral in satisfaction of obligation;
     (11) RCW 62A.9A-623, which deals with redemption of collateral;
     (12) RCW 62A.9A-624, which deals with permissible waivers; and
     (13) RCW 62A.9A-625 and 62A.9A-626, which deal with the secured party's liability for failure to comply with this Article.

Sec. 724   RCW 62A.9A-611 and 2000 c 250 s 9A-611 are each amended to read as follows:
     (((a))) (1) "Notification date." In this section, "notification date" means the earlier of the date on which:
     (((1))) (a) A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or
     (((2))) (b) The debtor and any secondary obligor waive the right to notification.
     (((b))) (2) Notification of disposition required. Except as otherwise provided in subsection (((d))) (4) of this section, a secured party that disposes of collateral under RCW 62A.9A-610 shall send to the persons specified in subsection (((c))) (3) of this section a reasonable authenticated notification of disposition.
     (((c))) (3) Persons to be notified. To comply with subsection (((b))) (2) of this section, the secured party shall send an authenticated notification of disposition to:
     (((1))) (a) The debtor;
     (((2))) (b) Any secondary obligor; and
     (((3))) (c) If the collateral is other than consumer goods:
     (((A))) (i) Any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
     (((i))) (A) Identified the collateral;
     (((ii))) (B) Was indexed under the debtor's name as of that date; and
     (((iii))) (C) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and
     (((B))) (ii) Any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in RCW 62A.9A-311(((a))) (1).
     (((d))) (4) Subsection (((b))) (2) of this section inapplicable: Perishable collateral; recognized market. Subsection (((b))) (2) of this section does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
     (((e))) (5) Compliance with subsection (((c)(3)(A))) (3)(c)(i) of this section. A secured party complies with the requirement for notification prescribed by subsection (((c)(3)(A))) (3)(c)(i) of this section if:
     (((1))) (a) Not later than twenty days or earlier than thirty days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in subsection (((c)(3)(A))) (3)(c)(i) of this section; and
     (((2))) (b) Before the notification date, the secured party:
     (((A))) (i) Did not receive a response to the request for information; or
     (((B))) (ii) Received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.

Sec. 725   RCW 62A.9A-621 and 2000 c 250 s 9A-621 are each amended to read as follows:
     (((a))) (1) Persons to which proposal to be sent. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:
     (((1))) (a) Any other secured party or lienholder that, ten days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:
     (((A))) (i) Identified the collateral;
     (((B))) (ii) Was indexed under the debtor's name as of that date; and
     (((C))) (iii) Was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and
     (((2))) (b) Any other secured party that, ten days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in RCW 62A.9A-311(((a))) (1).
     (((b))) (2) Proposal to be sent to secondary obligor in partial satisfaction. A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (((a))) (1) of this section.

Sec. 726   RCW 62A.9A-625 and 2001 c 32 s 44 are each amended to read as follows:
     (((a))) (1) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this Article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
     (((b))) (2) Damages for noncompliance. Subject to subsections (((c), (d), and (f))) (3), (4), and (6) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply with this Article or by filing a false statement under RCW 62A.9A-607(((b))) (2) or 62A.9A-619. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.
     (((c))) (3) Persons entitled to recover damages; statutory damages in consumer-goods transaction. Except as otherwise provided in RCW 62A.9A-628:
     (((1))) (a) A person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (((b))) (2) of this section for its loss; and
     (((2))) (b) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus ten percent of the principal amount of the obligation or the time-price differential plus ten percent of the cash price.
     (((d))) (4) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under RCW 62A.9A-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor may not recover under subsection (((b) or (c)(2))) (2) or (3)(b) of this section for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance to the extent that its deficiency is eliminated or reduced under RCW 62A.9A-626.
     (((e))) (5) Statutory damages: Noncompliance with specified provisions. In addition to any damages recoverable under subsection (((b))) (2) of this section, the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars in each case from a person that:
     (((1))) (a) Fails to comply with RCW 62A.9A-208;
     (((2))) (b) Fails to comply with RCW 62A.9A-209;
     (((3))) (c) Files a record that the person is not entitled to file under RCW 62A.9A-509(a);
     (((4))) (d) Fails to cause the secured party of record to file or send a termination statement as required by RCW 62A.9A-513 (a) or (c) within twenty days after the secured party receives an authenticated demand from a debtor;
     (((5))) (e) Fails to comply with RCW 62A.9A-616(b)(1) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or
     (((6))) (f) Fails to comply with RCW 62A.9A-616(b)(2).
     (((f))) (6) Statutory damages: Noncompliance with RCW 62A.9A-210. A debtor or consumer obligor may recover damages under subsection (((b))) (2) of this section and, in addition, five hundred dollars in each case from a person that, without reasonable cause, fails to comply with a request under RCW 62A.9A-210. A recipient of a request under RCW 62A.9A-210 which never claimed an interest in the collateral or obligations that are the subject of a request under RCW 62A.9A-210 has a reasonable excuse for failure to comply with the request within the meaning of this subsection.
     (((g))) (7) Limitation of security interest: Noncompliance with RCW 62A.9A-210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under RCW 62A.9A-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.

Sec. 727   RCW 62A.9A-628 and 2001 c 32 s 45 are each amended to read as follows:
     (((a))) (1) Limitation of liability of secured party for noncompliance with article. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:
     (((1))) (a) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and
     (((2))) (b) The secured party's failure to comply with this Article does not affect the liability of the person for a deficiency.
     (((b))) (2) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party:
     (((1))) (a) To a person that is a debtor or obligor, unless the secured party knows:
     (((A))) (i) That the person is a debtor or obligor;
     (((B))) (ii) The identity of the person; and
     (((C))) (iii) How to communicate with the person; or
     (((2))) (b) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
     (((A))) (i) That the person is a debtor; and
     (((B))) (ii) The identity of the person.
     (((c))) (3) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:
     (((1))) (a) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or
     (((2))) (b) An obligor's representation concerning the purpose for which a secured obligation was incurred.
     (((d))) (4) Limitation of liability for statutory damages. A secured party is not liable to any person under RCW 62A.9A-625(((c)(2))) (3)(b) for its failure to comply with RCW 62A.9A-616.
     (((e))) (5) Limitation of multiple liability for statutory damages. A secured party is not liable under RCW 62A.9A-625(((c)(2))) (3)(b) more than once with respect to any one secured obligation.

Sec. 801   RCW 1.08.015 and 2009 c 186 s 1 are each amended to read as follows:
     Subject to such general policies as may be promulgated by the committee and to the general supervision of the committee, the reviser shall:
     (1) Codify for consolidation into the Revised Code of Washington all laws of a general and permanent nature heretofore or hereafter enacted by the legislature, and assign permanent numbers as provided by law to all new titles, chapters, and sections so added to the revised code.
     (2) Edit and revise such laws for such consolidation, to the extent deemed necessary or desirable by the reviser and without changing the meaning of any such law, in the following respects only:
     (a) Make capitalization uniform with that followed generally in the revised code.
     (b) Make chapter or section division and subdivision designations uniform with ((that)) those followed in the revised code, except that for chapter 62A.9A RCW, the reviser shall make section division and subdivision designations uniform with those followed by the national conference of commissioners on uniform state laws for article 9 of the uniform commercial code.
     (c) Substitute for the term "this act," where necessary, the term "section," "part," "code," "chapter," or "title," or reference to specific section or chapter numbers, as the case may require.
     (d) Substitute for reference to a section of an "act," the proper code section number reference.
     (e) Substitute for "as provided in the preceding section" and other phrases of similar import, the proper code section number references.
     (f) Substitute the proper calendar date for "effective date of this act," "date of passage of this act," and other phrases of similar import.
     (g) Strike out figures where merely a repetition of written words, and substitute, where deemed advisable for uniformity, written words for figures.
     (h) Rearrange any misplaced statutory material, incorporate any omitted statutory material as well as correct manifest errors in spelling, and manifest clerical or typographical errors, or errors by way of additions or omissions.
     (i) Correct manifest errors in references, by chapter or section number, to other laws.
     (j) Correct manifest errors or omissions in numbering or renumbering sections of the revised code.
     (k) Rearrange the order of sections to conform to such logical arrangement of subject matter as may most generally be followed in the revised code, and alphabetize definition sections, when to do so will not change the meaning or effect of such sections.
     (l) Change the wording of section captions, if any, and provide captions to new chapters and sections.
     (m) Strike provisions manifestly obsolete.
     (3) Create new code titles, chapters, and sections of the Revised Code of Washington, or otherwise revise the title, chapter and sectional organization of the code, all as may be required from time to time, to effectuate the orderly and logical arrangement of the statutes. Such new titles, chapters, and sections, and organizational revisions, shall have the same force and effect as the ninety-one titles originally enacted and designated as the "Revised Code of Washington" pursuant to the code adoption acts codified in chapter 1.04 RCW.

NEW SECTION.  Sec. 802   The office of the code reviser must develop legislation for the 2012 legislative session to correct any internal references required to be updated as a result of amendments in this act.

NEW SECTION.  Sec. 803   This act takes effect July 1, 2013.