SENATE BILL REPORT

SB 5168

BYSenators 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 5, 1987

AS REPORTED BY COMMITTEE ON AGRICULTURE, FEBRUARY 5, 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.

The issue has now 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.

Fiscal Note:      none requested

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

EFFECT OF PROPOSED SUBSTITUTE:

It is clarified that 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.

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