SENATE BILL REPORT

                   SB 6605

              As Reported By Senate Committee On:

          Agriculture & Environment, February 3, 1998

Title:  An act relating to artificial insemination procedures and reproductively viable semen.

Brief Description:  Creating lien rights for owners of sires providing semen for artificial insemination.

Sponsors:  Senators Morton and Rasmussen.

Brief History:

Committee Activity:  Agriculture & Environment:  2/3/98 [DPS].

SENATE COMMITTEE ON AGRICULTURE & ENVIRONMENT

Majority Report:  That Substitute Senate Bill No. 6605 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Morton, Chair; Swecker, Vice Chair; Fraser, McAuliffe, Newhouse, Oke and Rasmussen.

Staff:  Paul Mabrey (786-7412)

Background:  Current law provides that owners of sires having a fee for breeding service may have a lien upon the female or get of the sire for such service provided that the owner file the necessary documentation with the county auditor.  The documentation consists of a sworn affidavit stating the name, age, description and pedigree of the sire as well as the terms and conditions upon which the sire is advertised for breeding service. The auditor shall then issue a certificate to the sire owners whereupon such owner shall obtain and have a lien upon the female served for one year from the date of service, or upon the get of the sire for one year from the date of birth.

Summary of Substitute Bill:   The duration of the lien obtained by owners of sires who provide breeding services is increased to 18 months from the date of service or from the date of birth of the offspring as the case may be.

Additionally, when the owner of a sire provides, for insemination of a female, reproductively viable semen delivered by artificial insemination procedures, the owner obtains a lien upon the female to which semen was delivered or upon the resultant offspring of that female without satisfying the requirement of a sworn affidavit recorded with the county auditor and without the need for issuance of a certificate from the auditor.  The lien upon the female survives for 18 months from the date of the insemination procedure.  The lien upon the resultant offspring survives for one year from the date of birth.

A class of lienholder is added to those able to acquire a lien for the service of providing semen for artificial insemination.  The owner of semen who does not own the sire of that semen, yet provides the semen for artificial insemination, acquires a lien on the female inseminated or the offspring thereof.

Substitute Bill Compared to Original Bill:  The substitute adds a class of lienholder to those able to acquire a lien for the service of providing semen for artificial insemination.  The owner of semen who does not own the sire of that semen, yet provides the semen for artificial insemination, acquires a lien on the female inseminated or the offspring thereof.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  There is support for the bill to enable suppliers of semen for artificial insemination to acquire a lien when they supply semen to cattle owners.  The amended legislation is needed to extend the lien acquisition to those organizations who do not own the sires but provide semen for artificial insemination to the end user.  There is concern over the language choice Areproductively viable semen@ as it pertains to the product which is provided.

Testimony Against:  None.

Testified:  Herald Catlin, All West (pro); Troy Anderson, Franklin & Olson, P.S. (pro); Dan Coyne, Washington State Council of Farmer Co-ops (pro).