2000 Legislation
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HOUSE BILL NO. 648, As Amended – Liens/agricultural commodity dealer

HOUSE BILL NO. 648, As Amended

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Daily Data Tracking History



H0648aa.............................................by AGRICULTURAL AFFAIRS
LIENS - AGRICULTURAL COMMODITY DEALERS - Amends existing law to provide for
filing agricultural commodity dealer liens with the Secretary of State
rather than with the county recorder; to provide that liens shall be
effective for one year if properly filed; to provide for entry of notice
into a searchable database; to provide for filing of notice of discharge of
the lien with the Secretary  of State; to provide for a searchable
database; to provide for records of liens; to allow the Secretary of State
to prescribe forms and set fees; to prescribe the fees; and to provide for
a transition from county filing of liens to filing with the Secretary of
State.
                                                                        
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 - 63-1-6
      AYES -- Alltus, Bell, Bieter, Black, Bruneel, Callister, Campbell,
      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, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie,
      Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood,
      Zimmermann, Mr Speaker
      NAYS -- Cheirrett
      Absent and excused -- Barraclough, Barrett, Boe, Chase, Moss, Smith
    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 - Burtenshaw
    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 339
         Effective: 07/01/00

Bill Text


 H0648
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 648, As Amended
                                                                        
                             BY AGRICULTURAL AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO AGRICULTURAL  COMMODITY  DEALER  ACT;  AMENDING  SECTION
  3        45-1802,  IDAHO  CODE,  TO PROVIDE FOR CREATION OF LIENS WITH AGRICULTURAL
  4        COMMODITY PRODUCERS AND AGRICULTURAL COMMODITY DEALERS;  AMENDING  SECTION
  5        45-1804, IDAHO CODE, TO PROVIDE THAT LIENS SHALL BE EFFECTIVE FOR ONE YEAR
  6        IF  PROPERLY FILED WITH THE SECRETARY OF STATE AND TO PROVIDE FOR ENTRY OF
  7        NOTICE INTO A SEARCHABLE DATABASE; AMENDING SECTION 45-1807,  IDAHO  CODE,
  8        TO  PROVIDE  FOR FILING OF NOTICE OF DISCHARGE WITH THE SECRETARY OF STATE
  9        WITHIN THIRTY DAYS OF A WRITTEN REQUEST AND TO PROVIDE  DAMAGES;  AMENDING
 10        SECTION  45-1808,  IDAHO  CODE, TO PROVIDE A FORM FOR FILING AND FEES; AND
 11        AMENDING CHAPTER 18, TITLE 45, IDAHO CODE, BY THE ADDITION OF A  NEW  SEC-
 12        TION  45-1810,  IDAHO CODE, TO PROVIDE FOR A TRANSITION FROM COUNTY FILING
 13        TO FILING WITH THE SECRETARY OF STATE.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION 1.  That Section 45-1802, Idaho Code, be, and the same  is  hereby
 16    amended to read as follows:
                                                                        
 17        45-1802.  LIEN CREATED -- WHO MAY HAVE. An agricultural commodity producer
 18    or  an  agricultural  commodity dealer who sells an agricultural product has a
 19    lien on the agricultural product or the proceeds of the sale of  the  agricul-
 20    tural  product  until  payment is made in full as provided in section 45-1804,
 21    Idaho Code. The lien created in this chapter may attach regardless of  whether
 22    the purchaser uses the agricultural product purchased to increase the value of
 23    his  livestock  or whether he uses the agricultural product purchased to main-
 24    tain the value, health or status of his livestock without actually  increasing
 25    the value of his agricultural product.
 26
 27        SECTION  2.  That  Section 45-1804, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        45-1804.  DURATION OF LIEN -- NOTICE OF LIEN. (1)  The lien  created  pro-
 30    vided  for  by  section 45-1802, Idaho Code, remains in effect for a period of
 31    not more than ninety (90) days one (1)  year  after  the  date  of  attachment
 32    except as provided in subsections (2) and (3) of this section.
 33        (2)  The  lien  created  provided  for by section 45-1802, Idaho Code, may
 34    extend for a period of six (6) months from the date the lien attaches  if  all
 35    of  the  following  are completed by the agricultural commodity dealer or pro-
 36    ducer or his authorized attorney or agent is created if a  written  notice  of
 37    lien, on a form prescribed by the secretary of state, is filed with the secre-
 38    tary  of state by the agricultural commodity producer or the agricultural com-
 39    modity dealer within ninety (90) days after the date of attachment.  The  form
 40    for the notice of lien shall require the following information:
 41        (a)  Filing  with the county recorder of the county where the purchaser of
 42        the agricultural commodities maintains its headquarters or main  place  of
                                                                        
                                           2
                                                                        
  1        business  in  Idaho,  a written notice of lien, signed and verified by the
  2        agricultural commodity producer or the agricultural  commodity  dealer  or
  3        his authorized attorney or agent and containing:
  4             1.  A  true statement of the demand of amount claimed by the agricul-
  5             tural commodity  producer  or  agricultural  commodity  dealer  after
  6             deducting all credits and offsets;
  7        (b)  The  name,  address  and signature of the agricultural commodity pro-
  8        ducer or agricultural commodity dealer claiming the lien;
  9        2.(c)  The name and address of the person who purchased  the  agricultural
 10        product from the agricultural commodity producer or agricultural commodity
 11        dealer;
 12        3.(d)  A  description  of  the  agricultural product charged with the lien
 13        including crop year;
 14        4.  A statement that the amount claimed is a true and bona  fide  existing
 15        debt as of the date of filing of the notice of lien; and
 16        5.(e)  Such  other  information  as the county recorder form prescribed by
 17        the secretary of state may require.
 18        (3)  A lien extended for a period of six (6) months under  subsection  (2)
 19    of this section may be extended for an additional six (6) months by completing
 20    the  requirements of subsection (2)(a) of this section prior to the expiration
 21    of the lien The notice of lien shall be entered in a searchable database main-
 22    tained by the secretary of state.
                                                                        
 23        SECTION 3.  That Section 45-1807, Idaho Code, be, and the same  is  hereby
 24    amended to read as follows:
                                                                        
 25        45-1807.  FILING  NOTICE  OF  DISCHARGE.  (1) If a notice of lien is filed
 26    pursuant to section 45-1804,  Idaho  Code,  and  the  lienholder  subsequently
 27    receives  full  payment,  the  lienholder  shall  file  with the proper county
 28    recorder secretary of state a notice of discharge, signed by  the  lienholder,
 29    declaring that full payment has been received and that the lien is discharged.
 30        (2)  Upon  receiving  the  notice,  the county recorder secretary of state
 31    shall enter it in the book a searchable database kept to record such liens.
 32        (3)  If a lienholder, after receiving full payment, fails to file a notice
 33    of discharge of the lien within ten thirty (130) days after being requested in
 34    writing to do so, he is liable to the purchaser of  the  agricultural  product
 35    for  all  actual damages caused by the failure to file the notice of discharge
 36    damages in the amount of three hundred dollars ($300).
                                                                        
 37        SECTION 4.  That Section 45-1808, Idaho Code, be, and the same  is  hereby
 38    amended to read as follows:
                                                                        
 39        45-1808.  FORM  OF FILING WITH COUNTY RECORDER SECRETARY OF STATE -- FEES.
 40    The county recorder secretary of state shall prescribe the form of the  filing
 41    provided  for by sections 45-1804 and 45-1807, Idaho Code. The county recorder
 42    shall set the fee for the filing provided for by section 45-1804, Idaho  Code.
 43    Such  fee shall not exceed the expense of the county recorder of providing the
 44    service required by this chapter shall be five dollars ($5.00).  The  fee  for
 45    searching  the  database maintained by the secretary of state pursuant to this
 46    chapter shall be five dollars ($5.00). There shall be  no  fee  for  filing  a
 47    notice of discharge pursuant to section 45-1807, Idaho Code.
                                                                        
 48        SECTION  5.  That  Chapter  18,  Title 45, Idaho Code, be, and the same is
 49    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 50    ignated as Section 45-1810, Idaho Code, and to read as follows:
                                                                        
                                           3
                                                                        
  1        45-1810.  TRANSITION  FROM  COUNTY  FILING TO FILING WITH THE SECRETARY OF
  2    STATE. All liens created by this chapter on and after July 1, 2000,  shall  be
  3    filed  with  the secretary of state. All rights and duties obtained by secured
  4    parties pursuant to this chapter before July 1, 2000, shall remain in  effect;
  5    provided,  that  liens  created  by this chapter before July 1, 2000, that are
  6    properly filed in the office of the county recorder  before  that  date  shall
  7    remain  in  effect and may be extended or renewed in the county beyond July 1,
  8    2000.

Amendment


 AH0648
                                                                        
                                                                        
  ||||              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 AMENDMENTS TO H.B. NO. 648
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 1 of the printed bill, delete lines 28 through 42 and on  page  2,
  3    delete lines 1 through 14 and insert:
  4        "45-1804.  DURATION  OF LIEN -- NOTICE OF LIEN. (1)  The lien created pro-
  5    vided for by section 45-1802, Idaho Code, remains in effect for  a  period  of
  6    not  more  than  ninety  (90)  days  one (1) year after the date of attachment
  7    except as provided in subsections (2) and (3) of this section.
  8        (2)  The lien created provided for by section  45-1802,  Idaho  Code,  may
  9    extend  for  a period of six (6) months from the date the lien attaches if all
 10    of the following are completed by the agricultural commodity  dealer  or  pro-
 11    ducer  or  his  authorized attorney or agent is created if a written notice of
 12    lien, on a form prescribed by the secretary of state, is filed with the secre-
 13    tary of state by the agricultural commodity producer or the agricultural  com-
 14    modity  dealer  within ninety (90) days after the date of attachment. The form
 15    for the notice of lien shall require the following information:
 16        (a)  Filing with the county recorder of the county where the purchaser  of
 17        the  agricultural  commodities maintains its headquarters or main place of
 18        business in Idaho, a written notice of lien, signed and  verified  by  the
 19        agricultural  commodity  producer  or the agricultural commodity dealer or
 20        his authorized attorney or agent and containing:
 21             1.  A true statement of the demand of amount claimed by the  agricul-
 22             tural  commodity  producer  or  agricultural  commodity  dealer after
 23             deducting all credits and offsets;
 24        (b)  The name, address and signature of the  agricultural  commodity  pro-
 25        ducer or agricultural commodity dealer claiming the lien;
 26        2.(c)  The  name  and address of the person who purchased the agricultural
 27        product from the agricultural commodity producer or agricultural commodity
 28        dealer;
 29        3.(d)  A description of the agricultural product  charged  with  the  lien
 30        including crop year;
 31        4.  A  statement  that the amount claimed is a true and bona fide existing
 32        debt as of the date of filing of the notice of lien; and
 33        5.(e)  Such other information as the county recorder  form  prescribed  by
 34        the secretary of state may require.
 35        (3)  A  lien  extended for a period of six (6) months under subsection (2)
 36    of this section may be extended for an additional six (6) months by completing
 37    the requirements of subsection (2)(a) of this section prior to the  expiration
 38    of the lien The notice of lien shall be entered in a searchable database main-
 39    tained by the secretary of state.".
                                                                        
 40                                AMENDMENT TO SECTION 3
 41        On page 2, delete lines 24 through 27 and insert:
 42        "(3)  If  a  lienholder,  after  receiving  full  payment, fails to file a
 43    notice of discharge of the lien within  ten  thirty  (130)  days  after  being
                                                                        
                                          2
                                                                        
  1    requested  in  writing to do so, he is liable to the purchaser of the agricul-
  2    tural product for all actual damages caused by the failure to file the  notice
  3    of discharge damages in the amount of three hundred dollars ($300).".
                                                                        
  4                                AMENDMENT TO SECTION 4
  5        On page 2, delete lines 30 through 39 and insert:
  6        "45-1808.  FORM OF FILING WITH COUNTY RECORDER SECRETARY OF STATE -- FEES.
  7    The  county recorder secretary of state shall prescribe the form of the filing
  8    provided for by sections 45-1804 and 45-1807, Idaho Code. The county  recorder
  9    shall  set the fee for the filing provided for by section 45-1804, Idaho Code.
 10    Such fee shall not exceed the expense of the county recorder of providing  the
 11    service  required  by  this chapter shall be five dollars ($5.00). The fee for
 12    searching the database maintained by the secretary of state pursuant  to  this
 13    chapter  shall  be  five  dollars  ($5.00). There shall be no fee for filing a
 14    notice of discharge pursuant to section 45-1807, Idaho Code.".
                                                                        
 15                                AMENDMENT TO SECTION 5
 16        On page 2, delete lines 43 through 49  and  on  page  3,  delete  lines  1
 17    through 6 and insert:
 18        "45-1810.  TRANSITION  FROM  COUNTY FILING TO FILING WITH THE SECRETARY OF
 19    STATE. All liens created by this chapter on and after July 1, 2000,  shall  be
 20    filed  with  the secretary of state. All rights and duties obtained by secured
 21    parties pursuant to this chapter before July 1, 2000, shall remain in  effect;
 22    provided,  that  liens  created  by this chapter before July 1, 2000, that are
 23    properly filed in the office of the county recorder  before  that  date  shall
 24    remain  in  effect and may be extended or renewed in the county beyond July 1,
 25    2000.".
                                                                        
 26                                AMENDMENT TO THE BILL
 27        On page 3, delete lines 7 through 9.
                                                                        
 28                                 CORRECTION TO TITLE
 29        On page 1, delete lines 6 through 12 and insert: "IF PROPERLY  FILED  WITH
 30    THE  SECRETARY  OF  STATE AND TO PROVIDE FOR ENTRY OF NOTICE INTO A SEARCHABLE
 31    DATABASE; AMENDING SECTION 45-1807, IDAHO  CODE,  TO  PROVIDE  FOR  FILING  OF
 32    NOTICE  OF DISCHARGE WITH THE SECRETARY OF STATE WITHIN THIRTY DAYS OF A WRIT-
 33    TEN REQUEST AND TO PROVIDE DAMAGES; AMENDING SECTION 45-1808, IDAHO  CODE,  TO
 34    PROVIDE  A  FORM FOR FILING AND FEES; AND AMENDING CHAPTER 18, TITLE 45, IDAHO
 35    CODE, BY THE ADDITION OF A NEW SECTION 45-1810, IDAHO CODE, TO PROVIDE  FOR  A
 36    TRANSITION FROM COUNTY FILING TO FILING WITH THE SECRETARY OF STATE.".

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                       RS10136 
                           
     To transfer commodity production lien filings from county to Secretary of State
     central filing system. 
     
     
     
     
     
     
     
     
                     FISCAL NOTE
     
     No fiscal impact. 
     
     
     
     
     
               CONTACT:  Rep. Jones
               332-1000 
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                           H 648