AN ACT Relating to agister liens; amending RCW
60.56.010, 60.56.015, 60.56.035, and 60.56.050; adding new sections to chapter
60.56 RCW; and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A
new section is added to chapter 60.56 RCW to read as follows:
For purposes of this chapter
"agister" means a farmer, ranchman, herder of cattle, livery and
boarding stable keeper, veterinarian, or other person, to whom horses, mules,
cattle, or sheep are entrusted for the purpose of feeding, herding, pasturing,
training, caring for, or ranching.
Sec. 2.
RCW 60.56.010 and 1989 c 67 s 1 are each amended to read as follows:
Any ((farmer, ranchman, herder of cattle,
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,)) agister
shall have a lien upon ((said)) the horses, mules, cattle,
or sheep, and upon the proceeds or accounts receivable from such animals, for
such amount that may be due for ((said)) the feeding, herding,
pasturing, training, caring for, and ranching of the animals, and shall
be authorized to retain possession of ((said)) the horses, mules
((or)), cattle, or sheep, until ((said)) the
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. 3.
RCW 60.56.015 and 1989 c 67 s 2 are each amended to read as follows:
((If a person)) An agister 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))
shall perfect the lien by (1) posting notice of the lien in a conspicuous
location on the premises where the lien holder is keeping the animal or
animals, (2) providing a copy of the posted notice to the owner of the animal
or animals, and (3) providing a copy of the posted notice to any lien creditor as
defined in RCW 62A.9-301(3) if the amount of the agister lien is in excess of
one thousand five hundred dollars. A lien creditor may be determined through a
search under RCW 62A.9-409. 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.
NEW SECTION. Sec. 4. A
new section is added to chapter 60.56 RCW to read as follows:
A party subject to a lien under RCW 60.56.010
shall notify (1) the lien holder of a potential sale of the animal or animals
to which the lien is attached, (2) a potential buyer of the existence of the
unsatisfied lien against the animal or animals for sale, and (3) any lien
holder of record of the potential sale of the animal or animals and of the
existence of the unsatisfied lien.
NEW SECTION. Sec. 5. A
new section is added to chapter 60.56 RCW to read as follows:
A person injured by a violation of section 4 of
this act may bring civil action in the appropriate court of jurisdiction to
recover the actual damages sustained, together with the costs of the suit,
including reasonable attorney fees and any other costs associated with
satisfaction of the lien. The court may, in its discretion, increase the award
of damages to an amount not to exceed three times the actual damages sustained.
If damages are awarded under this section, the
court may impose on a liable party a civil fine of not more than one thousand
dollars to be paid to the plaintiff.
Sec. 6.
RCW 60.56.035 and 1987 c 233 s 3 are each amended to read as follows:
Any lien created by this chapter shall expire
((sixty)) one hundred eighty days after it attaches, unless,
within that period, an action to enforce the lien is filed pursuant to RCW
60.56.050.
Sec. 7.
RCW 60.56.050 and 1987 c 233 s 4 are each amended to read as follows:
Any person having a lien under the provisions
of this chapter may enforce the same under chapter 60.10 RCW or, at the
agister's option, by an action in any court of competent jurisdiction((;
and said)). If enforcement is through court proceeding, the
property may be sold on execution for the purpose of satisfying the amount of
((such)) the judgment and costs of sale, together with the proper
costs of keeping the same up to the time of ((said)) the sale.
