Text: SF00209 Text: SF00211 Text: SF00200 - SF00299 Text: SF 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. "Feedlot" means the same as defined in section 172D.1. 1 24 Sec. 3. NEW SECTION. 579A.2 ESTABLISHMENT OF LIEN &endash; 1 25 PRIORITY. 1 26 Except for a lien perfected as provided in chapter 581, a 1 27 custom cattle feedlot operator shall have a first and 1 28 paramount lien upon the cattle and the identifiable cash 1 29 proceeds from the sale of the cattle for the feed and care 1 30 bestowed on the cattle up to the amount of the contract price 1 31 agreed upon by both parties, or if no price has been agreed 1 32 upon, for the reasonable value of such feed and care. A lien 1 33 created under this section is perfected without any notice to 1 34 any person by the provision of the feed and care. The lien 1 35 attaches at the time the cattle enter the feedlot and 2 1 continues for one year after the cattle have left the feedlot. 2 2 The lien is enforceable against a purchaser of the cattle, 2 3 including a purchaser who did not have knowledge of the lien. 2 4 This lien has priority over a conflicting security interest in 2 5 the cattle, including over a lien that was perfected prior to 2 6 the attachment of the feedlot operator's lien. 2 7 Sec. 4. NEW SECTION. 579A.3 ENFORCEMENT. 2 8 While cattle are located at the feedlot, the feedlot 2 9 operator may foreclose its lien in the manner provided for the 2 10 foreclosure of secured transactions as provided in sections 2 11 554.9504, 554.9506, and 554.9507. After the cattle have left 2 12 the feedlot, the feedlot operator may enforce its lien by 2 13 commencing an action at law for the amount of the lien against 2 14 a person who has possession of the cattle, a person who holds 2 15 the identifiable cash proceeds from the sale of the cattle, or 2 16 any purchaser of the cattle after the cattle have left the 2 17 feedlot. 2 18 Sec. 5. Section 580.1, Code 1995, is amended to read as 2 19 follows: 2 20 580.1 NATURE OF LIEN &endash; FORFEITURE. 2 21TheExcept as provided in chapter 579A, the owner or keeper 2 22 of any stallion, bull or jack kept for public service, or any 2 23 person, firm, or association which invokes pregnancy of 2 24 animals for the public by means of artificial insemination 2 25 shall have a prior lien on the progeny of such stallion, bull, 2 26 artificial insemination or jack, to secure the amount due such 2 27 owner, artificial inseminator or keeper for the service 2 28 resulting in such progeny, but no such lien shall obtain where 2 29 the owner or keeper misrepresents the animal by a false or 2 30 spurious pedigree, or fails to substantially comply with the 2 31 laws of Iowa relating to such animals. 2 32 EXPLANATION 2 33 This bill provides that a custom cattle feedlot operator 2 34 has a lien upon the cattle and the identifiable cash proceeds 2 35 from the sale of the cattle for the feed and care bestowed on 3 1 the cattle up to the contract price agreed upon by the 3 2 parties, or, if no price has been agreed upon, for the 3 3 reasonable value of such feed and care. The lien is superior 3 4 to all other liens except liens filed by a veterinarian under 3 5 chapter 581. The lien is perfected without any notice to any 3 6 person by the provision of the feed and care. The lien 3 7 attaches at the time the cattle enter the feedlot and 3 8 continues for one year after the cattle have left the feedlot. 3 9 The lien is enforceable against a purchaser of the cattle, 3 10 including a purchaser who did not have knowledge of the lien. 3 11 This lien has priority over a conflicting security interest in 3 12 the cattle, including over a lien that was perfected prior to 3 13 the attachment of the feedlot operator's lien. While cattle 3 14 are located at the feedlot, the feedlot operator may foreclose 3 15 its lien in the manner provided for the foreclosure of secured 3 16 transactions as provided in article 9 of the uniform 3 17 commercial code. After the cattle have left the feedlot, the 3 18 feedlot operator may enforce its lien by commencing an action 3 19 at law for the amount of the lien against a person who has 3 20 possession of the cattle, a person who holds the identifiable 3 21 cash proceeds from the sale of the cattle, or any purchaser of 3 22 the cattle after the cattle have left the feedlot. 3 23 LSB 1771SS 76 3 24 da/cf/24
Text: SF00209 Text: SF00211 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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