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S1458aa..............................................by JUDICIARY AND RULES LIENS - AGRICULTURAL COMMODITIES - Amends existing law relating to agricultural commodity liens; to revise definitions; to provide for lien attachments; to extend the period of certain liens; to strike reference to certain criteria pursuant to which a lien can be extended; to extend the period for filing certain liens; and to provide that certain liens shall continue for a year. 02/18 Senate intro - 1st rdg - to printing 02/19 Rpt prt - to Agric Aff 03/04 Rpt out - to 14th Ord Rpt out amen - to engros 03/05 Rpt engros - 1st rdg - to 2nd rdg as amen 03/06 2nd rdg - to 3rd rdg as amen 03/11 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Boatright Title apvd - to House 03/12 House intro - 1st rdg - to Agric Aff 03/15 Rpt out - rec d/p - to 2nd rdg Rls susp - PASSED - 67-0-3 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Mader, Martinez, McKague, Meyer, Montgomery, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Aikele, Loertscher, Mortensen Floor Sponsor - Jones Title apvd - to Senate 03/15 To enrol 03/18 Rpt enrol - Pres signed - Sp signed 03/18 To Governor 03/26 Governor signed Session Law Chapter 308 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1458 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO AGRICULTURAL COMMODITY LIENS; AMENDING SECTION 45-1801, IDAHO 3 CODE, TO REVISE DEFINITIONS; AMENDING SECTION 45-1803, IDAHO CODE, TO 4 STRIKE REFERENCE TO LIEN ATTACHMENT ON THE DATE THE AGRICULTURAL PRODUCT 5 IS SOLD TO A PRODUCER AND TO PROVIDE FOR LIEN ATTACHMENT; AND AMENDING 6 SECTION 45-1804, IDAHO CODE, TO STRIKE REFERENCE TO CERTAIN CRITERIA PUR- 7 SUANT TO WHICH A LIEN CAN BE EXTENDED, TO STRIKE AN INCORRECT CODE REFER- 8 ENCE, TO STRIKE REFERENCE TO THE DATE CERTAIN LIENS ARE CREATED AND TO 9 PROVIDE THAT CERTAIN LIENS SHALL CONTINUE FOR A YEAR. 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 product" means wheat, corn, oats, barley, rye, lentils, 15 soybeans, grain sorghum, dry beans and peas, beans, safflower, sunflower 16 seeds, tame mustards, rapeseed, flaxseed, leguminous seed or other small seed, 17 or any other agricultural commodity, including any of the foregoing, whether 18 cleaned, processed, treated, reconditioned or whether mixed, rolled or com- 19 bined in any fashion or by any means to create a product used as animal, poul- 20 try 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 landin this statewho receives all or part of the proceeds from the sale, 31 under contract, bailment or otherwise, or delivery under contract or bailment, 32 of agricultural products produced on that land. 33 (4) "Person" means an individual, trust, partnership,business trustlim- 34 ited liability company, corporation, or unincorporated association or any 35 other legal or commercial entity. 36 SECTION 2. That Section 45-1803, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 45-1803. WHEN LIEN ATTACHES. The lien created by section 45-1802, Idaho 39 Code, attaches to the agricultural product and to the proceeds of the subse- 40 quent sale of the agricultural producton the date the agricultural product is41sold to the purchaser oron the date the agricultural product is physically 2 1 delivered to the purchaser or on the date any final payment is due, and 2 unpaid, to the agricultural commodity producer or agricultural commodity 3 dealer under any contract or bailment, whichever occurs last. 4 SECTION 3. That Section 45-1804, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 45-1804. DURATION OF LIEN -- NOTICE OF LIEN. (1) The lien provided for by 7 section 45-1802, Idaho Code, remains in effect for a period of ninety (90) 8 days after the date of attachment,or the date any final payment is due to the9agricultural commodity producer or agricultural commodity dealer under any10contract or bailment, whichever occurs last,except as provided in subsections11 (2)and (3)of this section. 12 (2) The lien provided for by section 45-1802, Idaho Code, iscreatedcon- 13 tinued for a period of one (1) year from the date of filing if a written 14 notice of lien, on a form prescribed by the secretary of state, is filed with 15 the secretary of state by the agricultural commodity producer or the agricul- 16 tural commodity dealer within ninety (90) days after the date of attachment,17or ninety (90) days after the date that final payment is due to the agricul-18tural commodity producer or agricultural commodity dealer under any contract19or bailment, whichever occurs last. The form for the notice of lien shall 20 require the following information: 21 (a) A statement of the amount claimed by the agricultural commodity pro- 22 ducer or agricultural commodity dealer after deducting all credits and 23 offsets; 24 (b) The name, address and signature of the agricultural commodity pro- 25 ducer or agricultural commodity dealer claiming the lien; 26 (c) The name and address of the person who purchased the agricultural 27 product from the agricultural commodity producer or agricultural commodity 28 dealer; 29 (d) A description of the agricultural product charged with the lien 30 including crop year; and 31 (e) Such other information as the form prescribed by the secretary of 32 state may require. 33 (3) The notice of lien shall be entered in a searchable database main- 34 tained by the secretary of state.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Boatright Seconded by Burtenshaw IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1458 1 AMENDMENTS TO SECTION 3 2 On page 2 of the printed bill, in line 7, delete "ninety (90)" and 3 insert: "ninety (90)one hundred eighty (180)"; and in line 16, delete "ninety 4 (90)" and insert: "ninety (90)one hundred eighty (180)". 5 CORRECTION TO TITLE 6 On page 1, in line 6, following "CODE," insert: "TO EXTEND THE PERIOD OF A 7 LIEN,"; and in line 8, following "CREATED", insert: ", TO EXTEND THE PERIOD 8 FOR FILING CERTAIN LIENS".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1458, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO AGRICULTURAL COMMODITY LIENS; AMENDING SECTION 45-1801, IDAHO 3 CODE, TO REVISE DEFINITIONS; AMENDING SECTION 45-1803, IDAHO CODE, TO 4 STRIKE REFERENCE TO LIEN ATTACHMENT ON THE DATE THE AGRICULTURAL PRODUCT 5 IS SOLD TO A PRODUCER AND TO PROVIDE FOR LIEN ATTACHMENT; AND AMENDING 6 SECTION 45-1804, IDAHO CODE, TO EXTEND THE PERIOD OF A LIEN, TO STRIKE 7 REFERENCE TO CERTAIN CRITERIA PURSUANT TO WHICH A LIEN CAN BE EXTENDED, TO 8 STRIKE AN INCORRECT CODE REFERENCE, TO STRIKE REFERENCE TO THE DATE CER- 9 TAIN LIENS ARE CREATED, TO EXTEND THE PERIOD FOR FILING CERTAIN LIENS AND 10 TO PROVIDE THAT CERTAIN LIENS SHALL CONTINUE FOR A YEAR. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 45-1801, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 45-1801. DEFINITIONS. As used in this chapter: 15 (1) "Agricultural product" means wheat, corn, oats, barley, rye, lentils, 16 soybeans, grain sorghum, dry beans and peas, beans, safflower, sunflower 17 seeds, tame mustards, rapeseed, flaxseed, leguminous seed or other small seed, 18 or any other agricultural commodity, including any of the foregoing, whether 19 cleaned, processed, treated, reconditioned or whether mixed, rolled or com- 20 bined in any fashion or by any means to create a product used as animal, poul- 21 try or fish feed. 22 (2) "Agricultural commodity dealer" means any person who contracts for or 23 solicits any agricultural product from an agricultural producer or negotiates 24 the consignment or purchase of any agricultural product, or receives for sale, 25 resale or shipment for storage, processing, cleaning or reconditioning, any 26 agricultural product, or who buys during any calendar year, at least ten thou- 27 sand dollars ($10,000) worth of agricultural products from the producer or 28 producers of the commodity. Agricultural commodity dealer shall not mean a 29 person who purchases agricultural products for his own use as seed or feed. 30 (3) "Agricultural commodity producer" means the owner, tenant or operator 31 of landin this statewho receives all or part of the proceeds from the sale, 32 under contract, bailment or otherwise, or delivery under contract or bailment, 33 of agricultural products produced on that land. 34 (4) "Person" means an individual, trust, partnership,business trustlim- 35 ited liability company, corporation, or unincorporated association or any 36 other legal or commercial entity. 37 SECTION 2. That Section 45-1803, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 45-1803. WHEN LIEN ATTACHES. The lien created by section 45-1802, Idaho 40 Code, attaches to the agricultural product and to the proceeds of the subse- 41 quent sale of the agricultural producton the date the agricultural product is2 1sold to the purchaser oron the date the agricultural product is physically 2 delivered to the purchaser or on the date any final payment is due, and 3 unpaid, to the agricultural commodity producer or agricultural commodity 4 dealer under any contract or bailment, whichever occurs last. 5 SECTION 3. That Section 45-1804, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 45-1804. DURATION OF LIEN -- NOTICE OF LIEN. (1) The lien provided for by 8 section 45-1802, Idaho Code, remains in effect for a period ofninety (90)one 9 hundred eighty (180) days after the date of attachment,or the date any final10payment is due to the agricultural commodity producer or agricultural commod-11ity dealer under any contract or bailment, whichever occurs last,except as 12 provided in subsections(2)and (3)of this section. 13 (2) The lien provided for by section 45-1802, Idaho Code, iscreatedcon- 14 tinued for a period of one (1) year from the date of filing if a written 15 notice of lien, on a form prescribed by the secretary of state, is filed with 16 the secretary of state by the agricultural commodity producer or the agricul- 17 tural commodity dealer withinninety (90)one hundred eighty (180) days after 18 the date of attachment, or ninety (90) days after the date that final payment19is due to the agricultural commodity producer or agricultural commodity dealer20under any contract or bailment, whichever occurs last. The form for the notice 21 of lien 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 12038 The intent of this legislation is to simplify and clarify the provisions of law relating to the creation and filing of Agricultural Commodity Liens. The legislation deletes reference to business trusts and adds a reference to limited liability companies. The Bill clarifies the date that an automatic lien attaches to agricultural commodities by deleting a reference to the date the product is "sold" and by adding a provision that the automatic lien attaches when the payment for the product is due, but the payment has not been made. The legislation also provides that the lien, once filed with the Secretary of State, remains in effect for a period of one year. FISCAL IMPACT No fiscal impact. Contact Name: Chuck Goodenough , Deputy Secretary of State, Commercial Division Phone: 208/334-2301 STATEMENT OF PURPOSE/FISCAL NOTE S 1458