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Text: H03452                            Text: H03454
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House Amendment 3453

Amendment Text

PAG LIN
  1  1    Amend House File 198 as follows:
  1  2    #1.  Page 1, by inserting after line 22 the
  1  3 following:
  1  4    "   .  "Custom cattle feedlot operator" means the
  1  5 owner of a custom cattle feedlot or a person managing
  1  6 the custom cattle feedlot, if the person is authorized
  1  7 by the owner to file and enforce a lien under this
  1  8 chapter."
  1  9    #2.  Page 1, by inserting after line 23 the
  1 10 following:
  1 11    "   .  "Processor" means the same as defined in
  1 12 section 9H.1."
  1 13    #3.  By striking page 1, line 26, through page 2,
  1 14 line 6, and inserting the following:
  1 15    "1.  A custom cattle feedlot operator shall have a
  1 16 lien upon the cattle and the identifiable cash
  1 17 proceeds from the sale of the cattle for the amount of
  1 18 the contract price for the feed and care of the
  1 19 livestock at the custom cattle feedlot agreed upon by
  1 20 the custom cattle feedlot operator and the person who
  1 21 owns the cattle, which may be enforced as provided in
  1 22 section 579A.3.
  1 23    2.  The lien is created at the time the cattle
  1 24 arrive at the custom cattle feedlot and continues for
  1 25 one year after the cattle have left the custom cattle
  1 26 feedlot.  In order to preserve the lien, the custom
  1 27 cattle feedlot operator must, within twenty days after
  1 28 the cattle arrive at the custom cattle feedlot, file
  1 29 in the office of the secretary of state, a lien
  1 30 statement on a form prescribed by the secretary of
  1 31 state.  The secretary of state shall charge a fee of
  1 32 not more than ten dollars for filing the statement.
  1 33 The secretary of state may adopt rules pursuant to
  1 34 chapter 17A for the electronic filing of the
  1 35 statements.  The statement must include all of the
  1 36 following:
  1 37    a.  An estimate of the amount of feed and care
  1 38 provided to the cattle pursuant to the contract.
  1 39    b.  The estimated duration of the period when the
  1 40 cattle are subject to feed and care at the custom
  1 41 cattle feedlot.
  1 42    c.  The name of the party to the contract whose
  1 43 cattle are subject to feed and care at the custom
  1 44 cattle feedlot.
  1 45    d.  The description of the location of the custom
  1 46 cattle feedlot, by county and township.
  1 47    e.  The signature of the person filing the form.
  1 48    3.  Except as provided in chapter 581, a lien
  1 49 created under this section until preserved and a lien
  1 50 preserved under this section is superior to and shall
  2  1 have priority over a conflicting lien or security
  2  2 interest in the cattle, including a lien that was
  2  3 perfected prior to the creation of the lien provided
  2  4 under this section."
  2  5    #4.  Page 2, by striking lines 8 through 17 and
  2  6 inserting the following:
  2  7    "While the cattle are located at the custom cattle
  2  8 feedlot, the custom cattle feedlot operator may
  2  9 foreclose a lien created in section 579A.2 in the
  2 10 manner provided for the foreclosure of secured
  2 11 transactions as provided in sections 554.9504,
  2 12 554.9506, and 554.9507.  After the cattle have left
  2 13 the custom cattle feedlot, the custom cattle feedlot
  2 14 operator may enforce the lien by commencing an action
  2 15 at law for the amount of the lien against either of
  2 16 the following:
  2 17    1.  The holder of the identifiable cash proceeds
  2 18 from the sale of the cattle.
  2 19    2.  The processor who has purchased the cattle
  2 20 within three days after the cattle have left the
  2 21 custom cattle feedlot."
  2 22    #5.  By renumbering as necessary.  
  2 23 
  2 24 
  2 25                              
  2 26 GREIG of Emmet
  2 27 HF 198.501 76
  2 28 da/jw
     

Text: H03452                            Text: H03454
Text: H03400 - H03499                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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