H-1486.1  _______________________________________________

 

                 HOUSE CONCURRENT RESOLUTION 4408

          _______________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Representatives G. Chandler and Linville

 

Read first time 02/16/2001.  Referred to Committee on Agriculture & Ecology.

Creating a Joint Select Committee to review the need for the central filing of farm product liens.


    WHEREAS, Section 1324 of the federal Food Security Act of 1985 establishes procedures that may be used by a person who buys farm products in the ordinary course of business for determining whether liens attach to those products or whether the buyer is purchasing them free of such encumbrances; and

    WHEREAS, At the heart of the procedures established by the federal act is a state central filing system for filing such liens and being placed on notice regarding their existence; and

    WHEREAS, If a state's central filing system is certified by the Secretary of the United States Department of Agriculture as meeting the requirements of the federal act for such a system, the policies of the federal act govern the filing of liens, notices regarding such liens, and the effect of the liens on purchases of the farm products covered by the central filing system; and

    WHEREAS, Under Section 1324 of the federal Food Security Act, the United States Secretary of Agriculture has certified central filing systems for the states of Alabama, Colorado, Idaho, Louisiana, Maine, Minnesota, Mississippi, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Vermont, West Virginia, and Wyoming;

    NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the state of Washington, the Senate concurring, That a Joint Select Committee on central filing be established to examine the advisability of creating and maintaining a state central filing system for farm products and, if the Joint Select Committee deems such a system to be advisable, the products that should be governed by the system, and the entity that should operate it; and

    BE IT FURTHER RESOLVED, That the Joint Select Committee be composed of nineteen members as follows:  One member representing each of the following, appointed by the President of the Senate and the Co-Speakers of the House of Representatives:  Fruit growers, fruit warehouse operators, food processors, dairy farmers, vegetable growers, grain warehouse operators, wheat growers, agricultural cooperatives, farm supply companies, and agricultural equipment dealers; three members representing the banking industry, appointed by the President of the Senate and the Co-Speakers of the House of Representatives; one representative of the department of agriculture, appointed by the director of the department; one representative of the department of licensing, appointed by the director of the department; one member of the Senate from each of the two major political party caucuses in the Senate, appointed by the President of the Senate; and one member of the House of Representatives from each of the two major political parties in the House of Representatives, appointed by the Co-Speakers of the House of Representatives; and

    BE IT FURTHER RESOLVED, That the members of the Joint Select Committee elect co-chairs from among the committee members who are members of the legislature, each from a different political party and that the initial meeting of the committee be convened by the directive of the President of the Senate and the Co-Speakers of the House of Representatives; and that staff support for the Joint Select Committee be provided by Senate Committee Services and the Office of Program Research; and that members of the committee from the House of Representatives and the Senate be compensated for their expenses as provided by the House of Representatives and the Senate; and

    BE IT FURTHER RESOLVED, That the Joint Select Committee report its recommendations to the Legislature regarding the establishment and maintenance of such a central filing system by November 30, 2001; and that the Joint Select Committee expire on December 1, 2001.

 


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