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                            SUBSTITUTE SENATE BILL 5841

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State of Washington              52nd Legislature             1991 Regular Session

By Senate Committee on Agriculture & Water Resources (originally sponsored by Senators Hansen and Barr).

Read first time March 6, 1991.Clarifying existing crop lien coverage and filing procedures.

     AN ACT Relating to clarifying existing crop lien coverage and filing procedures; and amending RCW 60.11.030 and 60.11.050.

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

     Sec. 1.  RCW 60.11.030 and 1986 c 242 s 3 are each amended to read as follows:

     Upon filing, the liens described in RCW 60.11.020 shall attach to the crop for all sums then due and which may thereafter ((due)) arise and become owing the lien holder and shall continue in all identifiable cash proceeds of the crop.

     Sec. 2.  RCW 60.11.050 and 1986 c 242 s 5 are each amended to read as follows:

     (1) Except as provided in subsections (2), (3), and (4) of this section, conflicting liens and security interests shall rank in accordance with the time of filing.

     (2) The lien created in RCW 60.11.020(2) in favor of any person who furnishes any work or labor upon the land of the grower or landowner shall be preferred and prior to any other lien or security interest upon the crops to which they attach including the liens described in subsections (3) and (4) of this section.

     (3) A lien or security interest in crops otherwise entitled to priority pursuant to subsection (1) of this section shall be subordinate to a later filed lien or security interest to the extent that obligations secured by such earlier filed security interest or lien were not incurred to produce such crops.

     (4) A lien or security interest in crops otherwise entitled to priority pursuant to subsection (1) of this section shall be subordinate to a ((properly filed)) landlord's lien that has been filed prior to the filing of the lien or security interest or filed within thirty days after the commencement of the lease terms.  A landlord's lien shall retain its priority if refiled within six months prior to its expiration.