View Daily Data Tracking History
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 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.
|||| 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".
|||| 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
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