2000 Legislation
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SENATE BILL NO. 1473 – Liens/agricultural commodity dealer

SENATE BILL NO. 1473

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Daily Data Tracking History



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

Bill Text


 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 / Fiscal Impact


     
     
                 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