S-751                 _______________________________________________

                                                   SENATE BILL NO. 3453

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Talmadge, Newhouse and Hayner

Read first time 1/30/85 and referred to Committee on Judiciary.

AN ACT Relating to liens; and adding a new chapter to Title 60 RCW.

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

NEW SECTION. Sec. 1.     It is the intent of this chapter to identify statutorily the scope of common law liens.  It is not the intent of this chapter to expand or restrict either common law liens or court-imposed equitable liens.

NEW SECTION. Sec. 2.     Any lien claimed under the common law of this state and not pursuant to a statute affects only personal property and exists only so long as the person claiming the lien retains actual lawfully acquired possession of the property on which the lien is claimed.

NEW SECTION. Sec. 3.     No person has a duty to accept for recording any claim of lien unless the lien is authorized by statute or imposed by a court having jurisdiction over property affected by the lien.

NEW SECTION. Sec. 4.     No person has a duty to disclose an instrument of record which attempts to give notice of a common law lien.  This section does not relieve any person of a duty to disclose a claim of lien authorized by statute or imposed by order of a court having jurisdiction over property affected by the lien.

NEW SECTION. Sec. 5.     A person shall not be liable for damages arising from a refusal to record or a failure to disclose any claim of common law lien of record.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 60 RCW.