HOUSE BILL REPORT

SB 5976

As Amended by the House

BYSenators Hansen and Barr

Changing provisions relating to livestock liens.

House Committe on Agriculture & Rural Development

Majority Report:  Do pass with amendment.  (13)

      Signed by Representatives Rayburn, Chair; Baugher, Bristow, Brooks, Chandler, Doty, Grant, Holm, Jacobsen, McLean, Moyer, Nealey and Rasmussen.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE APRIL 16, 1987

BACKGROUND:

A person to whom horses, mules, cattle, or sheep have been entrusted for feeding, caring, or training has a statutory lien on the animals for the amount due for such a service and is permitted by law to retain possession of the animals until the amount is paid.  The lien is commonly referred to as an agister lien.  After 10 days, the animals may be sold by a sheriff or constable at public auction to recover the amount due and other costs.  The lien may also continue after the delivery of the animal to the owner.  Certain persons with such a lien may also enforce the lien by court action.

SUMMARY:

A lien is created for a person or entity receiving an animal from a law enforcement officer that has been removed under the prevention of cruelty to animals statutes.  The lien is on the animal for the cost of feeding or caring for it.  The person may retain possession of the animal until these costs are paid or the lien expires. This lien and the agister lien currently authorized by law attach on the date that amounts are due and payable but are unpaid.  A person with either lien may enforce it by court action.  Both liens expire 60 days after they attach unless, within that period, court action to enforce them has been filed.

Provisions of current law are repealed which:  authorize the sale of an animal, retained under an agister or trainer lien, by a sheriff or constable at public auction; and permit such a lien to continue on the animal after it has been delivered to its owner under certain circumstances.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Ann Albohn, Concern for Animals; Marlyta Deck, Washington Cattlemen's Association; Marilee Ulery.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill is needed to permit persons or organizations, who provide care for abused animals, to recover their costs.  Very little money is otherwise available.

House Committee - Testimony Against:      None Presented.