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S1260......................................................by STATE AFFAIRS LIENS - AGRICULTURAL COMMODITY DEALERS - Amends existing law to provide that a commodity producer or dealer that delivers agricultural products under contract or bailment has a lien on the product or proceeds of sale of the product; to provide for the duration of certain lines; and to provide for the time in which a lien may be created by filing written notice of the lien with the Secretary of State. 03/22 Senate intro - 1st rdg - to printing 03/23 Rpt prt - to St Aff Rpt out - rec d/p - to 2nd rdg 03/26 2nd rdg - to 3rd rdg Rls susp - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- None Floor Sponsor -- Davis Title apvd - to House 03/28 House intro - 1st rdg - to Agric Aff 03/29 Rpt out - rec d/p - to 2nd rdg 03/30 2nd rdg - to 3rd rdg Rls susp - PASSED - 57-0-13 AYES -- Barraclough, Barrett, Bedke, Bieter, Boe, Bolz, Bruneel, Chase, Clark, Collins, Cuddy, Deal, Denney, Eskridge, Field(13), Field(20), Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stone, Trail, Wheeler, Wood, Young(Young), Mr. Speaker NAYS -- None Absent and excused -- Bell, Black, Bradford, Callister, Campbell, Crow, Ellis, Ellsworth, Gagner, Pearce, Pischner, Smith, Tilmam Floor Sponsor -- Jones Title apvd - to Senate 03/30 To enrol - rpt enrol - Pres signed Sp signed 04/02 To Governor 04/09 Governor signed Session Law Chapter 363 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1260 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO AGRICULTURAL COMMODITY DEALER LIENS; AMENDING SECTION 45-1801, 3 IDAHO CODE, TO REVISE A DEFINITION AND TO CORRECT A CODIFIER'S ERROR; 4 AMENDING SECTION 45-1802, IDAHO CODE, TO PROVIDE THAT A COMMODITY PRODUCER 5 OR DEALER THAT DELIVERS AGRICULTURAL PRODUCTS UNDER CONTRACT OR BAILMENT 6 HAS A LIEN ON THE PRODUCT OR PROCEEDS OF SALE OF THE PRODUCT; AMENDING 7 SECTION 45-1804, IDAHO CODE, TO PROVIDE FOR THE DURATION OF CERTAIN LIENS 8 AND TO PROVIDE FOR THE TIME IN WHICH A LIEN MAY BE CREATED BY FILING WRIT- 9 TEN NOTICE OF THE LIEN WITH THE SECRETARY OF STATE. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 45-1801, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 45-1801. DEFINITIONS. As used in this chapter: 14 (1) "Agricultural products" means wheat, corn, oats, barley, rye, 15 lentils, soybeans, grain sorghum, dry beans and peas, beans, safflower, sun- 16 flower seeds, tame mustards, rapeseed, flaxseed, leguminous seed or other 17 small seed, or any other agricultural commodity, including any of the forego- 18 ing, whether cleaned, processed, treated, reconditioned or whether mixed, 19 rolled or combined in any fashion or by any means to create a product used as 20 animal, poultry or fish feed. 21 (2) "Agricultural commodity dealer" means any person who contracts for or 22 solicits any agricultural product from an agricultural producer or negotiates 23 the consignment or purchase of any agricultural product, or receives for sale, 24 resale or shipment for storage, processing, cleaning or reconditioning, any 25 agricultural product, or who buys during any calendar year, at least ten thou- 26 sand dollars ($10,000) worth of agricultural products from the producer or 27 producers of the commodity. Agricultural commodity dealer shall not mean a 28 person who purchases agricultural products for his own use as seed or feed. 29 (3) "Agricultural commodity producer" means the owner, tenant or operator 30 of land in this state whohas an interest in andreceives all or part of the 31 proceeds from the sale, under contract, bailment or otherwise, or delivery 32 under contract or bailment, of agricultural products produced on that land. 33 (4) "Person" means an individual, trust, partnership, business trust, 34 corporation, or unincorporated association or any other legal or commercial 35 entity. 36 SECTION 2. That Section 45-1802, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 45-1802. LIEN CREATED -- WHO MAY HAVE. An agricultural commodity producer 39 or an agricultural commodity dealer who sells, or delivers under contract or 40 bailment, an agricultural product has a lien on the agricultural product or 41 the proceeds of the sale of the agricultural product as provided in section 2 1 45-1804, Idaho Code. The lien created in this chapter may attach regardless of 2 whether the purchaser uses the agricultural product purchased to increase the 3 value of his livestock or whether he uses the agricultural product purchased 4 to maintain the value, health or status of his livestock without actually 5 increasing the value of his agricultural product. 6 SECTION 3. That Section 45-1804, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 45-1804. DURATION OF LIEN -- NOTICE OF LIEN. (1) The lien provided for 9 by section 45-1802, Idaho Code, remains in effect for a period ofone (1) year10 ninety (90) days after the date of attachment or the date any final payment is 11 due to the agricultural commodity producer or agricultural commodity dealer 12 under any contract or bailment, whichever occurs last, except as provided in 13 subsections (2) and (3) of this section. 14 (2) The lien provided for by section 45-1802, Idaho Code, is created if a 15 written notice of lien, on a form prescribed by the secretary of state, is 16 filed with the secretary of state by the agricultural commodity producer or 17 the agricultural commodity dealer within ninety (90) days after the date of 18 attachment, or ninety (90) days after the date that final payment is due to 19 the agricultural commodity producer or agricultural commodity dealer under any 20 contract or bailment, whichever occurs last. The form for the notice of lien 21 shall require the following information: 22 (a) A statement of the amount claimed by the agricultural commodity pro- 23 ducer or agricultural commodity dealer after deducting all credits and 24 offsets; 25 (b) The name, address and signature of the agricultural commodity pro- 26 ducer or agricultural commodity dealer claiming the lien; 27 (c) The name and address of the person who purchased the agricultural 28 product from the agricultural commodity producer or agricultural commodity 29 dealer; 30 (d) A description of the agricultural product charged with the lien 31 including crop year; and 32 (e) Such other information as the form prescribed by the secretary of 33 state may require. 34 (3) The notice of lien shall be entered in a searchable database main- 35 tained by the secretary of state.
STATEMENT OF PURPOSE RS 11288 Cl To protect producers (farms) in context of bailment growing. Also, to give additional protection in business failures of wholesalers, processors, and warehouses. Further,this bill provides some additional parity with other states in competing for failed business assets. FISCAL IMPACT None is anticipated. CIAP subrogation benefits or claims may be enhanced, and therefore possible benefit to the State. Contact Name: Senator Bart Davis; Representative Mike Moyle Phone: 332-1339; 332-1232 STATEMENT OF PURPOSE/FISCAL NOTE S 1260