SENATE BILL REPORT

 

 

                                   SSB 5168

 

 

BYSenate Committee on Agriculture (originally sponsored by Senators Hansen, Barr, Gaspard, Anderson and Bailey)

 

 

Extending the period during which crop liens may be filed.

 

 

Senate Committee on Agriculture

 

      Senate Hearing Date(s):February 5, 1987

 

Majority Report:  That Substitute Senate Bill No. 5168 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Hansen, Chairman; Bauer, Vice Chairman; Anderson, Bailey, Barr, Gaspard.

 

      Senate Staff:Kaleen Cottingham (786-7415)

                  February 19, 1987

 

 

                      AS PASSED SENATE, FEBRUARY 18, 1987

 

BACKGROUND:

 

In 1986, the Legislature recodified and cleaned up the statutes pertaining to crop liens.  The time period for filing crop liens became uniform:  lien holders must file their lien after the delivery of supplies or provision of service but before the completion of harvest.

 

An issue has been raised that persons assisting in the harvesting of the crop have essentially no time in which to file their crop lien.

 

An issue has also been raised concerning the subordination of "carry-over" liens and its relation to noncrop liens and security interests.

 

SUMMARY:

 

The time frame for filing a crop lien is extended to 30 days after the completion of harvest of the crop for which the lien is claimed.

 

The subordination of crop liens and security interests not incurred to produce that year's crop shall be subordinate only to other crop liens and security interests in crops.

 

Fiscal Note:      none requested

 

Effective Date:The bill contains an emergency clause and takes effect immediately.

 

Senate Committee - Testified: Bruce Lee, Farwest; Dan Ford, Evergreen Legal Services; Hector Gonzalez, Commission on Mexican-American Affairs