View Daily Data Tracking History
View Bill Text
View Amendment
View Statement of Purpose / Fiscal Impact
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 - 2000IN 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 productuntil payment is made in fullas 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 liencreatedpro- 30 vided for by section 45-1802, Idaho Code, remains in effect for a period of 31not more than ninety (90) daysone (1) year after the date of attachment 32 except as provided in subsections (2) and (3) of this section. 33 (2) The liencreatedprovided for by section 45-1802, Idaho Code,may34extend for a period of six (6) months from the date the lien attaches if all35of the following are completed by the agricultural commodity dealer or pro-36ducer or his authorized attorney or agentis 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 of42the agricultural commodities maintains its headquarters or main place of2 1business in Idaho, a written notice of lien, signed and verified by the2agricultural commodity producer or the agricultural commodity dealer or3his authorized attorney or agent and containing:41.Atruestatement of thedemand ofamount 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; 92.(c) The name and address of the person who purchased the agricultural 10 product from the agricultural commodity producer or agricultural commodity 11 dealer; 123.(d) A description of the agricultural product charged with the lien 13 including crop year; 144. A statement that the amount claimed is a true and bona fide existing15debt as of the date of filing of the notice of lien;and 165.(e) Such other information as thecounty recorderform prescribed by 17 the secretary of state may require. 18 (3)A lien extended for a period of six (6) months under subsection (2)19of this section may be extended for an additional six (6) months by completing20the requirements of subsection (2)(a) of this section prior to the expiration21of the lienThe 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 theproper county28recordersecretary 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, thecounty recordersecretary of state 31 shall enter it inthebooka 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 withintenthirty (130) days after being requested in 34 writing to do so, he is liable to the purchaser of the agricultural product 35 forall actual damages caused by the failure to file the notice of discharge36 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 WITHCOUNTY RECORDERSECRETARY OF STATE -- FEES. 40 Thecounty recordersecretary of state shall prescribe the form of the filing 41 provided for by sections 45-1804 and 45-1807, Idaho Code. Thecounty recorder42shall set thefee for the filing provided for by section 45-1804, Idaho Code.43Such fee shall not exceed the expense of the county recorder of providing the44service required by this chaptershall 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 - 2000Moved 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 liencreatedpro- 5 vided for by section 45-1802, Idaho Code, remains in effect for a period of 6not more than ninety (90) daysone (1) year after the date of attachment 7 except as provided in subsections (2) and (3) of this section. 8 (2) The liencreatedprovided for by section 45-1802, Idaho Code,may9extend for a period of six (6) months from the date the lien attaches if all10of the following are completed by the agricultural commodity dealer or pro-11ducer or his authorized attorney or agentis 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 of17the agricultural commodities maintains its headquarters or main place of18business in Idaho, a written notice of lien, signed and verified by the19agricultural commodity producer or the agricultural commodity dealer or20his authorized attorney or agent and containing:211.Atruestatement of thedemand ofamount 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; 262.(c) The name and address of the person who purchased the agricultural 27 product from the agricultural commodity producer or agricultural commodity 28 dealer; 293.(d) A description of the agricultural product charged with the lien 30 including crop year; 314. A statement that the amount claimed is a true and bona fide existing32debt as of the date of filing of the notice of lien;and 335.(e) Such other information as thecounty recorderform prescribed by 34 the secretary of state may require. 35 (3)A lien extended for a period of six (6) months under subsection (2)36of this section may be extended for an additional six (6) months by completing37the requirements of subsection (2)(a) of this section prior to the expiration38of the lienThe 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 withintenthirty (130) days after being 2 1 requested in writing to do so, he is liable to the purchaser of the agricul- 2 tural product forall actual damages caused by the failure to file the notice3of dischargedamages 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 WITHCOUNTY RECORDERSECRETARY OF STATE -- FEES. 7 Thecounty recordersecretary of state shall prescribe the form of the filing 8 provided for by sections 45-1804 and 45-1807, Idaho Code. Thecounty recorder9shall set thefee for the filing provided for by section 45-1804, Idaho Code.10Such fee shall not exceed the expense of the county recorder of providing the11service required by this chaptershall 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