H-1427              _______________________________________________

                                                    HOUSE BILL NO. 764

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representative McMullen

Read first time 2/9/87 and referred to Committee on Agriculture & Rural Development.

AN ACT Relating to liens; and amending RCW 60.13.010, 60.13.030, and 60.13.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 1, chapter 412, Laws of 1985 and RCW 60.13.010 are each amended to read as follows:

          As used in this chapter, the terms defined in this section have the meanings indicated unless the context clearly requires otherwise.

          (1) "Agricultural product," "conditioner," "consignor," "person," "processor," and "producer" have the meanings defined in RCW 20.01.010.

          (2) "Preparer" means a person engaged in the business of ((feeding livestock or preparing livestock products for market)) operating either a dairy or a feed lot for cattle.

        Sec. 2.  Section 3, chapter 412, Laws of 1985 and RCW 60.13.030 are each amended to read as follows:

          Starting on the date a producer delivers grain, hay, or straw to a preparer who uses the grain, hay, or straw in the preparer's operation as a preparer, the producer has a first priority statutory lien, referred to as a "preparer lien."  This preparer lien shall continue twenty days after payment for the product is due and remains unpaid, without filing any notice of lien, for the contract price, if any, or the fair market value of the products delivered.  The preparer lien attaches to the agricultural products delivered by the producer to the preparer, and to the preparer's accounts receivable derived from the preparer's operation as a preparer.

        Sec. 3.  Section 7, chapter 412, Laws of 1985 and RCW 60.13.070 are each amended to read as follows:

          (((1))) The processor or preparer liens may be foreclosed and enforced by civil action in superior court.

          (((2) In all suits to enforce processor or preparer liens, the court shall, upon entering judgment, allow to the prevailing party as a part of the costs, all moneys paid for the filing and recording of the lien and reasonable attorney fees.))