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S1182................................................by JUDICIARY AND RULES FINANCING STATEMENTS - Amends existing law relating to financing statements covering farm products to revise requirements applicable to financing statements and amendments to financing statements; and to permit the filing of correction statements in connection with financing statements covering farm products. 02/27 Senate intro - 1st rdg - to printing 02/28 Rpt prt - to Jud 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Davis Title apvd - to House 03/09 House intro - 1st rdg - to Bus 03/16 Rpt out - rec d/p - to 2nd rdg 03/19 2nd rdg - to 3rd rdg 03/22 3rd rdg - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker(Luker), Marriott, Mathews, McGeachin, Mortimer, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Moyle Floor Sponsor - Patrick Title apvd - to Senate 03/23 To enrol 03/26 Rpt enrol - Pres signed - Sp signed - To Governor 03/30 Governor signed Session Law Chapter 317 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE SENATE SENATE BILL NO. 1182 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO FINANCING STATEMENTS COVERING FARM PRODUCTS; AMENDING SECTION 3 28-9-502, IDAHO CODE, TO REVISE REQUIREMENTS APPLICABLE TO FINANCING 4 STATEMENTS AND AMENDMENTS TO FINANCING STATEMENTS; AND AMENDING SECTION 5 28-9-518, IDAHO CODE, TO PERMIT THE FILING OF CORRECTION STATEMENTS IN 6 CONNECTION WITH FINANCING STATEMENTS COVERING FARM PRODUCTS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 28-9-502, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 28-9-502. CONTENTS OF FINANCING STATEMENT -- RECORD OF MORTGAGE AS 11 FINANCING STATEMENT -- TIME OF FILING FINANCING STATEMENT -- FARM PRODUCTS. 12 (a) Subject to subsection (b) of this section, a financing statement is suffi- 13 cient only if it: 14 (1) Provides the name of the debtor; 15 (2) Provides the name of the secured party or a representative of the 16 secured party; and 17 (3) Indicates the collateral covered by the financing statement. 18 (b) Except as otherwise provided in section 28-9-501(b), to be suffi- 19 cient, a financing statement that covers as-extracted collateral or timber to 20 be cut, or which is filed as a fixture filing and covers goods that are or are 21 to become fixtures, must satisfy subsection (a) of this section and also: 22 (1) Indicate that it covers this type of collateral; 23 (2) Indicate that it is to be filed in the real property records; 24 (3) Provide a description of the real property to which the collateral is 25 related sufficient to give constructive notice of a mortgage under the law 26 of this state if the description were contained in a record of the mort- 27 gage of the real property; and 28 (4) If the debtor does not have an interest of record in the real prop- 29 erty, provide the name of a record owner. 30 (c) A record of a mortgage is effective, from the date of recording, as a 31 financing statement filed as a fixture filing or as a financing statement cov- 32 ering as-extracted collateral or timber to be cut only if: 33 (1) The record indicates the goods or accounts that it covers; 34 (2) The goods are or are to become fixtures related to the real property 35 described in the record or the collateral is related to the real property 36 described in the record and is as-extracted collateral or timber to be 37 cut; 38 (3) The record satisfies the requirements for a financing statement in 39 this section other than an indication that it is to be filed in the real 40 property records; and 41 (4) The record is recorded. 42 (d) A financing statement may be filed before a security agreement is 43 made or a security interest otherwise attaches. 2 1 (e) A financing statement covering farm products is sufficient if it: 2contains the following information:3 (1) Contains tThe names and addresses of both the debtor and the secured 4 party; 5 (2)The debtor's signatureIs signed, authorized or otherwise authenti- 6 cated by the debtor; 7 (3)The name, address and signature of the secured party;8(4)Contains tThe debtor's social security numberof the debtoror other 9 unique number, combination of numbers and letters, or other identifier 10 selected by the secretary of state using a selection system or method 11 approved by the secretary of agriculture, or in the case of a debtor doing 12 business other than as an individual, the debtor's internal revenue ser- 13 vice taxpayer identification number or other approved unique identifier; 14 (54)AContains a description by category of the farm products subject to 15 the security interest and the amount of such products, where applicable; 16 (65)A reasonable description of the real estate whereIndicates the 17 county or counties in which the farm products are produced or located. 18This provision may be satisfied by a designation of the county or coun-19ties, and a legal description is not required.20 (f) A financing statementdescribed in subsection (e) of this section21 covering farm products must be amended in writingwithin three (3) months,and 22 similarly signed, authorized or authenticated, and filed, to reflect any mate- 23 rial changes. In the event such form is not incorporated within the financing 24 statement, the effectiveness and continuation of that form is to be treated as 25 if it were a part of the financing statement with which it is filed. 26 (g) If the financing statement covering farm products, or an amendment to 27 such statement, is filed electronically, neither the debtor's nor the secured 28 party's signature shall be required. 29 (h) In order to terminate a financing statement covering farm products, 30 the amendment must be terminated in writing and signed or authenticated by the 31 secured party. 32 SECTION 2. That Section 28-9-518, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 28-9-518. CLAIM CONCERNING INACCURATE OR WRONGFULLY FILED RECORD. (a) A 35 person may file in the filing office a correction statement with respect to a 36 record indexed there under the person's name if the person believes that the 37 record is inaccurate or was wrongfully filed. 38 (b) A correction statement must: 39 (1) Identify the record to which it relates by the file number assigned 40 to the initial financing statement to which the record relates; 41 (2) Indicate that it is a correction statement; and 42 (3) Provide the basis for the person's belief that the record is inaccu- 43 rate and indicate the manner in which the person believes the record 44 should be amended to cure any inaccuracy or provide the basis for the 45 person's belief that the record was wrongfully filed. 46 (c) The filing of a correction statement does not affect the effective- 47 ness of an initial financing statement or other filed record. 48 (d) A correction statement may be filed in connection with the previous 49 filing of a financing statement covering farm products under section 28-9-502.
STATEMENT OF PURPOSE RS 17102 The intent of this legislation is to provide an alternative to the requirement that farm product financing statements under the Uniform Commercial Code utilize Social Security Account Numbers or Taxpayer Identification Numbers for debtors. The alternative will be an approved unique identifier as selected by the Secretary of State and approved by the Secretary of Agriculture pursuant to the Food Security Act, 7 U.S.C. 1631(c), and 71 F.R. 56338. The bill also eliminates the requirements for signatures on farm product financing statements and amendments, which facilitates electronic filing of these documents with the Secretary of State. FISCAL NOTE No fiscal impact is anticipated as a result of this legislation. Contact Name: Chuck Goodenough, Deputy Secretary of State, Commercial Division Phone: 334-2301 Senator Bart Davis Phone: 332-1306 STATEMENT OF PURPOSE/FISCAL NOTE S 1182