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
|||| 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 ninetyone 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 sixtwelve ( 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 rule7 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.
|||| 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 administrative6 rule".
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