SENATE BILL REPORT

ESB 6563

BYSenators Pullen, Madsen and McCaslin

Adopting the uniform federal lien registration act.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 5, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Newhouse, Niemi, Talmadge.

Senate Staff:Jeanne Cushman Scott (786-7461)

                  February 15, 1988

AS PASSED SENATE, FEBRUARY 13, 1988

BACKGROUND:

Federal law provides for the option of filing federal environmental liens in either federal district court or the county where the property is located.  Several states have adopted the Uniform Federal Lien Registration Act in an effort to standardize the place of filing for federal liens and thereby minimize confusion and the costs associated with a lien search.

SUMMARY:

Internal Revenue lien statutes are replaced by the Uniform Federal Lien Registration Act.  Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens are covered by this act.

Notices of federal liens, certificates and notices affecting liens upon real property must be recorded in the county where the property is located.  They must be recorded as follows:  a) liens against corporations or partnerships whose principal executive office is in Washington must be filed with the Department of Licensing; b) in all other cases liens must be filed in the county where the person against whose interest the lien applies resides at the time of recording of the notice of lien.

Certification of notices of federal liens, certificates and notices affecting liens may be made by the United States Secretary of the Treasury or the secretary's delegate, or by an official or entity of the United States responsible for recording or certifying notice of any other lien.

Fees and filing procedures are established.

This act shall be known and cited as the Uniform Federal Lien Registration Act.

This act becomes effective July 1, 1988.

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

Senate Committee - Testified: Warren S. Olson, Washington Land Title Association