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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
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.
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
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