S-1625.1          _______________________________________________

                                 SENATE BILL 5841

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Hansen and Barr.

Read first time February 25, 1991.  Referred to Committee on Agriculture & Water Resources.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 60.11.040.

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 and thereafter due and owing the lien holder and shall continue in all ((identifiable)) cash proceeds of the crop.  For purposes of RCW 60.11.020(2), the lien shall also attach to the crop for all sums due and owing the lien holder from future advances of supplies or services and shall continue in all cash proceeds of the crop.

     Sec. 2.  RCW 60.11.040 and 1989 c 229 s 1 are each amended to read as follows:

     (1) Except as provided in subsection (4) of this section with respect to the lien of a landlord, any lien holder must after the commencement of delivery of such supplies and/or of provision of such services, but before the completion of the harvest of the crops for which the lien is claimed, or in the case of a lien for furnishing work or labor within twenty days after the cessation of the work or labor for which the lien is claimed:  (a) File a statement evidencing the lien with the department of licensing; and (b) if the lien holder is to be allowed costs, disbursements, and attorneys' fees, mail a copy of such statement to the last known address of the debtor by certified mail, return receipt requested, within ten days.

     (2) The statement shall be in writing, signed 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 department of licensing may by rule prescribe standard filing forms, fees, and uniform procedures for filing with, and obtaining information from, filing officers, including provisions for filing crop liens together with financing statements filed pursuant to RCW 62A.9-401 so that one request will reveal all filed crop liens and security interests.

     (4) Any landlord claiming a lien under this chapter for rent shall file a statement evidencing the lien with the department of licensing within thirty days of the beginning of the lease term.  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 landlord lien covering a lease term longer than five years may be refiled in accordance with RCW 60.11.050(4).  A landlord who has a right to a share of the crop may place suppliers on notice by filing evidence of such interest in the same manner as provided for filing a landlord's lien.