S-2218               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5838

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Agriculture (originally sponsored by Senators Hansen, Benitz and Barr)

Read first time 2/28/89.

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:

          If a person who holds a lien under RCW 60.56.010 provides, prior to the purchase or sale, written notice of the lien to buyers, or to persons selling on a commission basis for the animals' owners then the lien holder has perfected the lien.  The lien holder is entitled to collect from the buyer, the seller, or the person selling on a commission basis if there is a failure to make payment to the perfected lien holder.