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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 - 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
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