FINAL BILL REPORT

SB 5976

                                  C 233 L 87

BYSenators Hansen and Barr

Changing provisions relating to livestock liens.

Senate Committee on Agriculture

House Committe on Agriculture & Rural Development

SYNOPSIS AS ENACTED

BACKGROUND:

An agister is one who takes in horses or other animals and cares for them at a specific rate.  Currently the law allows for an agister lien against the animals for the cost of caring for them.  The law sets forth the procedure for foreclosing the lien and the sale of the animals for satisfaction of the debt.

The agister lien has not been enforced because of constitutional problems with the foreclosure provisions, including the lack of an opportunity for a hearing to contest the foreclosures.

SUMMARY:

An agister lien on horses, mules, cattle and sheep attaches on the date the cost of caring for the animal becomes due and payable.  The lien will expire unless it is enforced within 60 days after attachment.

Those allowed to have an agister lien specifically include a veterinarian, and a person or entity entrusted with the care of animals removed from owners pursuant to the animal abuse statute.  A person having an agister lien may enforce it through a court of competent jurisdiction.

VOTES ON FINAL PASSAGE:

      Senate    49     0

      House 98   0 (House amended)

      Senate    38     0 (Senate concurred)

EFFECTIVE:July 26, 1987