ENGROSSED HOUSE BILL NO. 2135



                                                                            C 229 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives Vekich, Cole and Prentice



Read first time 2/22/89 and referred to Committee on Commerce & Labor.



AN ACT Relating to farm labor liens; amending RCW 60.11.040; and declaring an emergency.




        Sec. 1.  Section 4, chapter 242, Laws of 1986 and RCW 60.11.040 are each amended to read as follows:

          (1) Except as provided in subsection (4) of this section with respect to the lien of a landlord, any lien holder must after the commencement of delivery of such supplies and/or of provision of such services, but before the completion of the harvest of the crops for which the lien is claimed, or in the case of a lien for furnishing work or labor within twenty days after the cessation of the work or labor for which the lien is claimed:  (a) File a statement evidencing the lien with the department of licensing; and (b) if the lien holder is to be allowed costs, disbursements, and attorneys' fees, mail a copy of such statement to the last known address of the debtor by certified mail, return receipt requested, within ten days.

          (2) The statement shall be in writing, signed by the claimant, and shall contain in substance the following information:

          (a) The name and address of the claimant;

          (b) The name and address of the debtor;

          (c) The date of commencement of performance for which the lien is claimed;

          (d) A description of the labor services, materials, or supplies furnished;

          (e) A description of the crop and its location to be charged with the lien sufficient for identification; and

          (f) The signature of the claimant.

          (3) The department of licensing may by rule prescribe standard filing forms, fees, and uniform procedures for filing with, and obtaining information from, filing officers, including provisions for filing crop liens together with financing statements filed pursuant to RCW 62A.9-401 so that one request will reveal all filed crop liens and security interests.

          (4) Any landlord claiming a lien under this chapter for rent shall file a statement evidencing the lien with the department of licensing.  A lien for rent claimed by a landlord pursuant to this chapter shall be effective during the term of the lease for a  period of up to five years.  A landlord lien covering a lease term longer than five years may be refiled in accordance with RCW 60.11.050(4).  A landlord who has a right to a share of the crop may place suppliers on notice by filing evidence of such interest in the same manner as provided for filing a landlord's lien.


          NEW SECTION.  Sec. 2.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.


          NEW SECTION.  Sec. 3.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

                                                                                                                           Passed the House March 9, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                             Passed the Senate April 5, 1989.


                                                                                                                                       President of the Senate.