2002 Legislation
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SENATE BILL NO. 1458 – Liens, agricultural commodities

SENATE BILL NO. 1458

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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  land in this state who 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 trust lim-
 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 product on the date the agricultural product is
 41    sold to the purchaser or on 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 the
  9    agricultural  commodity  producer  or  agricultural commodity dealer under any
 10    contract or bailment, whichever occurs last, except as provided in subsections
 11    (2) and (3) of this section.
 12        (2)  The lien provided for by section 45-1802, Idaho Code, is created con-
 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,
 17    or ninety (90) days after the date that final payment is due to  the  agricul-
 18    tural  commodity  producer or agricultural commodity dealer under any contract
 19    or 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.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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  land in this state who 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 trust lim-
 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 product on the date the agricultural product is
                                                                        
                                           2
                                                                        
  1    sold to the purchaser or on 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 of ninety (90) one
  9    hundred eighty (180) days after the date of attachment, or the date any  final
 10    payment  is due to the agricultural commodity producer or agricultural commod-
 11    ity 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, is created con-
 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 within ninety (90) one hundred eighty (180) days  after
 18    the  date of attachment, or ninety (90) days after the date that final payment
 19    is due to the agricultural commodity producer or agricultural commodity dealer
 20    under 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 / Fiscal Impact


                     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