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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 - 2000IN 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 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 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 withthe county recorder of the county where the purchaser of38the agricultural commodities maintains its headquarters or main place of39business in Idahothe 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 thecounty recordersecretary 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 theproper county21recordersecretary 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, thecounty recordersecretary of state 24 shall enter it inthe booka 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 WITHCOUNTY RECORDERSECRETARY OF STATE -- FEES. 32 Thecountyrecordersecretary of state shall prescribe the form of the filing 33 provided for by sections 45-1804 and 45-1807, Idaho Code. Thecounty recorder34 secretary of state shall set the fee for the filing provided for by section 35 45-1804, Idaho Code.SuchThe fee shallnot exceed the expense of the county36recorder of providing the service required by this chapterbe 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