HOUSE BILL REPORT

ESSB 5838

BYSenate Committee on Agriculture (originally sponsored by Senators Hansen, Benitz and Barr)

Revising agricultural livestock liens.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass.  (11)

      Signed by Representatives Rayburn, Chair; Kremen, Vice Chair; Nealey, Ranking Republican Member; Baugher, Doty, Grant, Jesernig, McLean, H. Myers, Rasmussen and Youngsman.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE APRIL 4, 1989

BACKGROUND:

A person with whom livestock have been entrusted for training or care has a lien on the livestock for the amount due for that training or care.  The lien expires 60 days after it attaches unless, within that period, an action to enforce the lien is filed in a court of competent jurisdiction.  The lien holder may also retain the livestock until the amount is paid or the lien expires.

SUMMARY:

The lien which a person has under current law for amounts due to a person for training or caring for livestock also attaches to the proceeds or accounts receivable from such animals.  The lien holder may perfect the lien by providing, prior to purchase, a written notice of the lien to the buyers or to the persons selling the livestock on a commission basis.  If there is a failure to pay the lien, the lien holder may collect from the buyer, seller, or the commission seller.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Marlyta Deck, Washington Cattlemen's Association; and Greg Hanon, Washington State Veterinary Medical Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Although an animal increases in value when fed before slaughter in a feed lot, it can get too fat and lose value if the feeder must hold it because of nonpayment by the owner.  The bill will allow the animal to be slaughtered at its highest value and permit the feeder to have a lien against the monies received from the sale.

House Committee - Testimony Against:      None Presented.