View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1473.......................................by COMMERCE AND HUMAN RESOURCES
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 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 the use of the fees.
02/18 Senate intro - 1st rdg - to printing
02/21 Rpt prt - to Com/HuRes
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Walton/Branch, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--McLaughlin, Stennett
Floor Sponsor - Davis
Title apvd - to House
03/10 House intro - 1st rdg - to Agric Aff
S1473
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1473
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO AGRICULTURAL COMMODITY DEALER ACT; AMENDING SECTION
3 45-1802, IDAHO CODE, TO PROVIDE CLARIFYING LANGUAGE REGARDING THE DURATION
4 OF A LIEN; AMENDING SECTION 45-1804, IDAHO CODE, TO PROVIDE FOR FILING
5 WITH THE SECRETARY OF STATE A WRITTEN NOTICE OF LIEN BY THE AGRICULTURAL
6 COMMODITY PRODUCER OR THE AGRICULTURAL DEALER OR HIS AUTHORIZED ATTORNEY
7 OR AGENT; AMENDING SECTION 45-1807, IDAHO CODE, TO PROVIDE FOR FILING A
8 NOTICE OF DISCHARGE OF THE LIEN WITH THE SECRETARY OF STATE AND TO PROVIDE
9 FOR A SEARCHABLE DATABASE TO KEEP RECORDS OF LIENS; AMENDING SECTION
10 45-1808, IDAHO CODE, TO ALLOW THE SECRETARY OF STATE TO PRESCRIBE FORMS
11 AND SET FEES AND TO PRESCRIBE THE FEES AND WHAT THE MONEY MAY BE USED FOR;
12 PROVIDING AN EFFECTIVE DATE, PROVIDING APPLICATION AND PROVIDING TRANSI-
13 TION.
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 SECTION 2. That Section 45-1804, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 45-1804. DURATION OF LIEN -- NOTICE OF LIEN. (1) The lien created by sec-
29 tion 45-1802, Idaho Code, remains in effect for a period of not more than
30 ninety (90) days after the date of attachment except as provided in subsec-
31 tions (2) and (3) of this section.
32 (2) The lien created by section 45-1802, Idaho Code, may extend for a
33 period of six (6) months from the date the lien attaches if all of the follow-
34 ing are completed by the agricultural commodity dealer or producer or his
35 authorized attorney or agent within ninety (90) days after the date of attach-
36 ment:
37 (a) Filing with the county recorder of the county where the purchaser of
38 the agricultural commodities maintains its headquarters or main place of
39 business in Idaho the secretary of state, a written notice of lien, signed
40 and verified by the agricultural commodity producer or the agricultural
41 commodity dealer or his authorized attorney or agent and containing:
2
1 1. A true statement of the demand of the agricultural commodity pro-
2 ducer or agricultural commodity dealer after deducting all credits
3 and offsets;
4 2. The name of the person who purchased the agricultural product
5 from the agricultural commodity producer or agricultural commodity
6 dealer;
7 3. A description of the agricultural product charged with the lien;
8 4. A statement that the amount claimed is a true and bona fide
9 existing debt as of the date of filing of the notice of lien; and
10 5. Such other information as the county recorder secretary of state
11 may require.
12 (3) A lien extended for a period of six (6) months under subsection (2)
13 of this section may be extended for an additional six (6) months by completing
14 the requirements of subsection (2)(a) of this section prior to the expiration
15 of the lien.
16 SECTION 3. That Section 45-1807, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 45-1807. FILING NOTICE OF DISCHARGE. (1) If a notice of lien is filed
19 pursuant to section 45-1804, Idaho Code, and the lienholder subsequently
20 receives full payment, the lienholder shall file with the proper county
21 recorder secretary of state a notice of discharge, signed by the lienholder,
22 declaring that full payment has been received and that the lien is discharged.
23 (2) Upon receiving the notice, the county recorder secretary of state
24 shall enter it in the book a searchable database kept to record such liens.
25 (3) If a lienholder, after receiving full payment, fails to file a notice
26 of discharge of the lien within ten (10) days after being requested to do so,
27 he is liable to the purchaser of the agricultural product for all actual dam-
28 ages caused by the failure to file the notice of discharge.
29 SECTION 4. That Section 45-1808, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 45-1808. FORM OF FILING WITH COUNTY RECORDER SECRETARY OF STATE -- FEES.
32 The county recorder secretary of state shall prescribe the form of the filing
33 provided for by sections 45-1804 and 45-1807, Idaho Code. The county recorder
34 secretary of state shall set the fee for the filing provided for by section
35 45-1804, Idaho Code. Such The fee shall not exceed the expense of the county
36 recorder of providing the service required by this chapter be four dollars
37 ($4.00) for each lien filing pursuant to this chapter and four dollars ($4.00)
38 to access the secretary of state's database established pursuant to this chap-
39 ter. All moneys collected by the secretary of state shall be utilized in pro-
40 viding the service required by this chapter.
41 SECTION 5. This act shall be in full force and effect on and after July
42 1, 2000; provided that the Secretary of State may begin rulemaking earlier to
43 implement the provisions of this section. Except when explicitly provided
44 otherwise in this act, rights, duties and interests flowing therefrom remain
45 valid thereafter when permitted by any statute or other law amended or
46 affected by this act as though such amendment or effect had not occurred.
47 Secured parties having a lien on an agricultural product or the proceeds of
48 the sale of the agricultural product which lien is pursuant to Chapter 18,
49 Title 45, Idaho Code, predating the effective date of this act may file a lien
50 with the Secretary of State which complies with the provisions of Chapter 18,
3
1 Title 45, Idaho Code, as it is amended by this act and shall pay the fee
2 schedules as provided in this act.
STATEMENT OF PURPOSE
RS 09892C
This legislation would change the location of recording agricultural commodity
liens from the County Recorder to the Secretary of the State
FISCAL IMPACT
The number of these liens now filed in the counties is unknown; the advantage of
central filings might make such a number and underestimate if it were known. In
addition, recent events might stimulate such filings by commodity producers. On
the assumption that the filings might approximate the filings for seed and labor
liens, these liens generated $5400 in fees for 1999, which amount is projected to
be covered by the filing fee.
Contact
Name: Senator Bart Davis
Phone: (208) 522-8100
REVISED REVISED REVISED
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 1473