2000 Legislation
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HOUSE BILL NO. 647, As Amended – Crop liens, claim notice, time

HOUSE BILL NO. 647, As Amended

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Daily Data Tracking History



H0647aa.............................................by AGRICULTURAL AFFAIRS
CROP LIENS - Amends existing law to extend the time periods for filing
notices of claims of liens for farm labor and for providing seed to a
producer; to extend the time period in which a notice of claim of lien for
farm labor remains in effect; and to authorize extending the lien.
                                                                        
02/21    House intro - 1st rdg - to printing
02/22    Rpt prt - to Agric Aff
03/03    Rpt out - to Gen Ord
    Rpt out amen - to engros
03/06    Rpt engros - 1st rdg - to 2nd rdg as amen
03/07    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 63-0-7
      AYES -- Alltus, Bell, Bieter, Black, Bruneel, Callister, Campbell,
      Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Linford, Loertscher, Mader, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie,
      Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood,
      Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Barraclough, Barrett, Boe, Chase, Marley, Moss,
      Ridinger
    Floor Sponsor - Jones
    Title apvd - to Senate
03/14    Senate intro - 1st rdg as amen - to Agric Aff
03/21    Rpt out - rec d/p - to 2nd rdg as amen
03/22    2nd rdg - to 3rd rdg as amen
04/03    3rd rdg as amen - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Williams
    Title apvd - to House
04/04    To enrol - rpt enrol - Sp signed
04/05    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 338
         Effective: 07/01/00

Bill Text


 H0647
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 647, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LIENS ON CROPS; AMENDING SECTION 45-308, IDAHO CODE, TO EXTEND THE
  3        TIME PERIODS FOR FILING NOTICES OF CLAIMS OF LIENS FOR FARM LABOR AND  FOR
  4        PROVIDING  SEED TO A PRODUCER; AND AMENDING SECTION 45-310, IDAHO CODE, TO
  5        EXTEND THE TIME PERIOD IN WHICH A NOTICE OF CLAIM OF LIEN FOR  FARM  LABOR
  6        REMAINS IN EFFECT AND TO AUTHORIZE EXTENDING THE LIEN.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION  1.  That  Section  45-308, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        45-308.  NOTICE OF CLAIM OF LIEN. (1) A claimant must file with the secre-
 11    tary of state a notice of claim of lien between thirty (30)  days  before  and
 12    ninety  one  hundred  twenty  (9120) days after completion of his labor for or
 13    providing seed to the producer. If a notice of claim of lien is  filed  before
 14    completion of the labor or delivery of the seed, there must exist a written or
 15    verbal contract for such labor or seed.
 16        (2)  The notice of claim of lien must include:
 17        (a)  The nature of the lien (farm laborer's or seed);
 18        (b)  The name and address of the producer;
 19        (c)  The name and address of the claimant;
 20        (d)  The  county  or  counties where the crop or crops covered by the lien
 21        are grown;
 22        (e)  The type(s) of crop (name of commodity) to which the lien applies;
 23        (f)  The crop year of the crop(s) to which the lien applies;
 24        (g)  Such other information as the secretary of state shall by administra-
 25        tive rule require; and
 26        (h)  The amount of claim exclusive of interest.
 27        (3)  The notice of claim of lien shall be  signed  by  the  claimant,  his
 28    agent,  or  his attorney-in-fact, and the signer shall certify to the truth of
 29    the claim. Notarization is not required.
 30        (4)  The notice of claim of lien shall be filed on a  standard  form  pre-
 31    scribed by the secretary of state.
 32        (5)  A claimant shall give written notice of the claim to the producer.
                                                                        
 33        SECTION  2.  That  Section  45-310, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        45-310.  DURATION OF LIEN. (1) A notice of claim of lien  for  farm  labor
 36    remains  in  effect  for  six twelve (612) months from the date of filing. The
 37    notice of claim of lien may be extended for six (6) months by filing a  notice
 38    of  extension  of  claim  of  lien. The notice of extension shall contain such
 39    information as the form prescribed by the secretary of  state  shall  require,
 40    and  shall  be filed within sixty (60) days prior to the lapse of the original
 41    twelve (12) month period.
                                                                        
                                           2
                                                                        
  1        (2)  A notice of claim of lien for seed remains in effect for sixteen (16)
  2    months from the date of filing. If a crop subject to a lien for  seed  is  not
  3    harvested within ten (10) months after the date of filing, the notice of claim
  4    of  lien may be extended for six (6) months by filing a notice of extension of
  5    claim of lien. The notice of extension shall contain such information  as  the
  6    form  prescribed  by  the  secretary  of  state  shall  by administrative rule
  7    require, and shall be filed within sixty (60) days prior to the lapse  of  the
  8    original sixteen (16) month period.
  9        (3)  Civil action to enforce a lien on crops shall be commenced within the
 10    periods set forth in subsections (1) and (2) of this section.

Amendment


 AH0647
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Jones               
                                                                        
                                                     Seconded by Stevenson           
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 647
                                                                        
  1                               AMENDMENTS TO SECTION 2
  2        On page 1 of the printed bill, in line 39,  following  "as"  insert:  "the
  3    form prescribed by"; and also in line 39, delete "by administrative rule".
  4        On page 2, in line 5, following "as the" insert: "form prescribed by the";
  5    and  in line 6, delete "by administrative rule" and insert: "by administrative
  6    rule".

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                       RS10059 
                           
     This legislation will lengthen the time allowed to file a farm labor lien. It will also
     lengthen the life of the lien from six months to twelve months and allow for a
     renewal for an additional six months. 
     
     
     
     
     
                     FISCAL NOTE
     
     No fiscal impact. 
     
     
     
     
                    CONTACT:       Rep. Jones
               332-1000 
     
                                                       STATEMENT OF PURPOSE/ FISCAL NOTE                              H 647