2001 Legislation
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SENATE BILL NO. 1260 – Liens/agricultural commodity dealer

SENATE BILL NO. 1260

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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 who has an interest in and receives 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 of one (1) year
 10    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 / Fiscal Impact


	        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