S-1017.2                   _______________________________________________

                                                     SENATE BILL 5487

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Bauer, Barr, M. Rasmussen, Snyder, Gaspard, Vognild, Newhouse, Drew, Sutherland, Quigley, Hochstatter and Loveland

Read first time 02/01/93.  Referred to Committee on Agriculture.

Changing provisions regarding agister liens.

          AN ACT Relating to agister liens; amending RCW 60.56.010, 60.56.015, 60.56.035, and 60.56.050; adding new sections to chapter 60.56 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 60.56 RCW to read as follows:

          For purposes of this chapter "agister" means a farmer, ranchman, herder of cattle, livery and boarding stable keeper, veterinarian, or other person, to whom horses, mules, cattle, or sheep are entrusted for the purpose of feeding, herding, pasturing, training, caring for, or ranching.

        Sec. 2.  RCW 60.56.010 and 1989 c 67 s 1 are each amended to read as follows:

          Any ((farmer, ranchman, herder of cattle, livery and boarding stable keeper, veterinarian, or any other person, to whom any horses, mules, cattle or sheep shall be entrusted for the purpose of feeding, herding, pasturing, and training, caring for or ranching,)) agister shall have a lien upon ((said)) the horses, mules, cattle, or sheep, and upon the proceeds or accounts receivable from such animals, for such amount that may be due for ((said)) the feeding, herding, pasturing, training, caring for, and ranching of the animals, and shall be authorized to retain possession of ((said)) the horses, mules ((or)), cattle, or sheep, until ((said)) the amount is paid or the lien expires, whichever first occurs.  The lien attaches on the date such amounts are due and payable but are unpaid.

        Sec. 3.  RCW 60.56.015 and 1989 c 67 s 2 are each amended to read as follows:

          ((If a person)) An agister who holds a lien under RCW 60.56.010 ((provides, prior to the purchase or sale, written notice of the lien to buyers, or to persons selling on a commission basis for the animals' owners then the lien holder has perfected the lien)) 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, and (2) providing a copy of the posted notice to the owner of the animal or animals.  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.

NEW SECTION. Sec. 4.  A new section is added to chapter 60.56 RCW to read as follows:

          A party subject to a lien under RCW 60.56.010 shall notify (1) the lienholder of a potential sale of the animal or animals to which the lien is attached, and (2) a potential buyer of the existence of the unsatisfied lien against the animal or animals for sale.

NEW SECTION. Sec. 5.  A new section is added to chapter 60.56 RCW to read as follows:

          A person injured by a violation of section 4 of this act may bring civil action in the appropriate court of jurisdiction to recover the actual damages sustained, together with the costs of the suit, including reasonable attorney fees and any other costs associated with satisfaction of the lien.  The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained.

          If damages are awarded under this section, the court may impose on a liable party a civil fine of not more than one thousand dollars to be paid to the plaintiff.

        Sec. 6.  RCW 60.56.035 and 1987 c 233 s 3 are each amended to read as follows:

          Any lien created by this chapter shall expire ((sixty)) one hundred eighty days after it attaches, unless, within that period, an action to enforce the lien is filed pursuant to RCW 60.56.050.

        Sec. 7.  RCW 60.56.050 and 1987 c 233 s 4 are each amended to read as follows:

          Any person having a lien under the provisions of this chapter may enforce the same under chapter 60.10 RCW or, at the agister's option, by an action in any court of competent jurisdiction((; and said)).  If enforcement is through court proceeding, the property may be sold on execution for the purpose of satisfying the amount of ((such)) the judgment and costs of sale, together with the proper costs of keeping the same up to the time of ((said)) the sale.

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