H-1634              _______________________________________________

                                                   HOUSE BILL NO. 2002

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Rayburn, Baugher and Sayan

Read first time 2/15/89 and referred to Committee on Judiciary.

AN ACT Relating to agricultural livestock liens; amending RCW 60.56.010 and 60.56.050; and adding a new section to chapter 60.56 RCW.

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

        Sec. 1.  Section 1, chapter 176, Laws of 1909 as amended by section 1, chapter 233, Laws of 1987 and RCW 60.56.010 are each amended to read as follows:

          Any farmer, ranchman, herder of cattle, ((tavern keeper,)) livery and boarding stable keeper, veterinarian, or any other person, to whom any horses, mules, cattle or sheep shall be entrusted for the purpose of feeding, herding, pasturing, and training, caring for or ranching, shall have a lien upon said horses, mules, cattle or sheep, and upon the proceeds or accounts receivable from such animals, for such amount that may be due for said feeding, herding, pasturing, training, caring for, and ranching, and shall be authorized to retain possession of said horses, mules or cattle or sheep, until said amount is paid or the lien expires, whichever first occurs.  The lien attaches on the date such amounts are due and payable but are unpaid.

        Sec. 2.  Section 2, chapter 80, Laws of 1891 as amended by section 4, chapter 233, Laws of 1987 and RCW 60.56.050 are each amended to read as follows:

          Any person having a lien under the provisions of this chapter may enforce the same by an action in any court of competent jurisdiction; and said property may be sold on execution for the purpose of satisfying the amount of such judgment and costs of sale, together with the proper costs of keeping the same up to the time of said sale.  A lien created by this chapter shall have priority over all other liens or security interests regardless of date of attachment, except that liens for taxes and labor perfected before the attachment of the lien shall not be subordinate to a lien created by this chapter.

NEW SECTION. Sec. 3.  A new section is added to chapter 60.56 RCW to read as follows:

          Buyers of horses, mules, cattle, or sheep, or persons selling such animals on a commission basis for the animals' owners, shall buy or sell free and clear of any lien created by this chapter unless the buyer or seller is provided with written notice of the existence of a lien prior to the purchase or sale and fails to follow through on the payment instructions contained in the written notice.