Text: HF00197 Text: HF00199 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 579.1, Code 1995, is amended to read as 1 2 follows: 1 3 579.1 NATURE OF LIEN. 1 4 1. Livery and feed stable keepers, herders, feeders, or 1 5 keepers of stockand of places for the storage of motor1 6vehicles, boats and boat engines and boat motorsshall have a 1 7 lien on all property coming into their hands, as such, for 1 8 their charges and the expense of keeping, but such lien shall 1 9 be subject to chapter 579A and all prior liens of record. 1 10 2. Places for the storage of motor vehicles, boats, and 1 11 boat engines and boat motors shall have a lien on all property 1 12 coming into their hands, as such, for their charges and the 1 13 expense of keeping, but such lien shall be subject to all 1 14 prior liens of record. 1 15 Sec. 2. NEW SECTION. 579A.1 DEFINITIONS. 1 16 As used in this chapter, unless the context otherwise 1 17 requires: 1 18 1. "Cattle" means an animal classified as bovine, 1 19 regardless of the age or sex of the animal. 1 20 2. "Custom cattle feedlot" means a feedlot where cattle 1 21 owned by a person are subject to care and feeding performed by 1 22 another person. 1 23 3. "Custom cattle feedlot operator" means the owner of a 1 24 custom cattle feedlot or a person managing the custom cattle 1 25 feedlot, if the person is authorized by the owner to file and 1 26 enforce a lien under this chapter. 1 27 4. "Feedlot" means the same as defined in section 172D.1. 1 28 5. "Processor" means the same as defined in section 9H.1. 1 29 Sec. 3. NEW SECTION. 579A.2 ESTABLISHMENT OF LIEN &endash; 1 30 PRIORITY. 1 31 1. A custom cattle feedlot operator shall have a lien upon 1 32 the cattle and the identifiable cash proceeds from the sale of 1 33 the cattle for the amount of the contract price for the feed 1 34 and care of the livestock at the custom cattle feedlot agreed 1 35 upon by the custom cattle feedlot operator and the person who 2 1 owns the cattle, which may be enforced as provided in section 2 2 579A.3. 2 3 2. The lien is created at the time the cattle arrive at 2 4 the custom cattle feedlot and continues for one year after the 2 5 cattle have left the custom cattle feedlot. In order to 2 6 preserve the lien, the custom cattle feedlot operator must, 2 7 within twenty days after the cattle arrive at the custom 2 8 cattle feedlot, file in the office of the secretary of state, 2 9 a lien statement on a form prescribed by the secretary of 2 10 state. The secretary of state shall charge a fee of not more 2 11 than ten dollars for filing the statement. The secretary of 2 12 state may adopt rules pursuant to chapter 17A for the 2 13 electronic filing of the statements. The statement must 2 14 include all of the following: 2 15 a. An estimate of the amount of feed and care provided to 2 16 the cattle pursuant to the contract. 2 17 b. The estimated duration of the period when the cattle 2 18 are subject to feed and care at the custom cattle feedlot. 2 19 c. The name of the party to the contract whose cattle are 2 20 subject to feed and care at the custom cattle feedlot. 2 21 d. The description of the location of the custom cattle 2 22 feedlot, by county and township. 2 23 e. The signature of the person filing the form. 2 24 3. Except as provided in chapter 581, a lien created under 2 25 this section until preserved and a lien preserved under this 2 26 section is superior to and shall have priority over a 2 27 conflicting lien or security interest in the cattle, including 2 28 a lien that was perfected prior to the creation of the lien 2 29 provided under this section. 2 30 Sec. 4. NEW SECTION. 579A.3 ENFORCEMENT. 2 31 While the cattle are located at the custom cattle feedlot, 2 32 the custom cattle feedlot operator may foreclose a lien 2 33 created in section 579A.2 in the manner provided for the 2 34 foreclosure of secured transactions as provided in sections 2 35 554.9504, 554.9506, and 554.9507. After the cattle have left 3 1 the custom cattle feedlot, the custom cattle feedlot operator 3 2 may enforce the lien by commencing an action at law for the 3 3 amount of the lien against either of the following: 3 4 1. The holder of the identifiable cash proceeds from the 3 5 sale of the cattle. 3 6 2. The processor who has purchased the cattle within three 3 7 days after the cattle have left the custom cattle feedlot. 3 8 Sec. 5. Section 580.1, Code 1995, is amended to read as 3 9 follows: 3 10 580.1 NATURE OF LIEN &endash; FORFEITURE. 3 11TheExcept as provided in chapter 579A, the owner or keeper 3 12 of any stallion, bull or jack kept for public service, or any 3 13 person, firm, or association which invokes pregnancy of 3 14 animals for the public by means of artificial insemination 3 15 shall have a prior lien on the progeny of such stallion, bull, 3 16 artificial insemination or jack, to secure the amount due such 3 17 owner, artificial inseminator or keeper for the service 3 18 resulting in such progeny, but no such lien shall obtain where 3 19 the owner or keeper misrepresents the animal by a false or 3 20 spurious pedigree, or fails to substantially comply with the 3 21 laws of Iowa relating to such animals. 3 22 HF 198 3 23 da/pk/25
Text: HF00197 Text: HF00199 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Mar 4 09:34:06 CST 1996
URL: /DOCS/GA/76GA/Legislation/HF/00100/HF00198/950329.html
jhf