HOUSE BILL REPORT

HB 1096

BYRepresentatives Appelwick and May

Recording of federal liens.

House Committe on Judiciary

Majority Report:  Do pass.  (15)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Hargrove, Inslee, P. King, R. Meyers, H. Myers, Patrick, Schmidt, Scott, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 27, 1989

BACKGROUND:

In 1988 the legislature enacted the Uniform Federal Lien Registration Act.  Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens are covered by this act.

Notices of federal liens, certificates and notices affecting liens upon real property must be recorded in the county where the property is located.

Notices of federal liens, certificates and notices affecting liens upon personal property whether tangible or intangible must be recorded as follows:  a) liens against corporations or partnerships whose principal executive office is in Washington must be filed with the Department of Licensing; b) in all other cases liens must be filed in the county where the person against whose interest the lien applies resides at the time of recording of the notice of lien.

Security interests on personal property arising under state laws are filed with the Department of Licensing rather than with county auditors.

SUMMARY:

All notices of federal liens on personal property are to be filed with the Department of Licensing.

Fiscal Note:      Requested January 16, 1989.

Effective Date:The bill takes effect July 1, 1989.

House Committee ‑ Testified For:    Fred Saeger, Washington Association of County Officials.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill will make the procedure for filing federal liens on personal property consistent with the current procedure for filing liens on personal property arising under state law.

House Committee - Testimony Against:      None Presented.