2007 Legislation
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SENATE BILL NO. 1182 – Financing statements, requirements

SENATE BILL NO. 1182

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN 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:
  2    contains the following information:
  3        (1)  Contains  tThe names and addresses of both the debtor and the secured
  4        party;
  5        (2)  The debtor's signature Is 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 number of the debtor or 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)  A Contains 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 where Indicates the
 17        county or counties in which the farm products  are  produced  or  located.
 18        This  provision  may  be satisfied by a designation of the county or coun-
 19        ties, and a legal description is not required.
 20        (f)  A financing statement described in subsection  (e)  of  this  section
 21    covering farm products must be amended in writing within 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 / Fiscal Impact



                       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