Text: SF00442 Text: SF00444 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 579A.1, Code 1999, is amended to read 1 2 as follows: 1 3 579A.1 DEFINITIONS. 1 4 As used in this chapter, unless the context otherwise 1 5 requires: 1 61. "Cattle" means an animal classified as bovine,1 7regardless of the age or sex of the animal.1 82.1."Custom cattle feedlot""Contract feeding facility" 1 9 meansa feedlotan animal feeding operation as defined in 1 10 section 455B.161, including a confinement feeding operation or 1 11 open feedlot, wherecattlelivestock owned by a personareis 1 12 subject to care and feeding performed by another person. 1 133.2."Custom cattle feedlot operator""Contract feeding 1 14 facility operator" means the owner of acustom cattle feedlot1 15or a person managing the custom cattle feedlot, if the person1 16is authorized by the owner to file and enforce a lien under1 17this chaptercontract feeding facility or the owner's personal 1 18 representative. 1 19 3. "Livestock" means an animal classified as cattle, 1 20 swine, or poultry, regardless of the age or sex of the animal. 1 21 4."Feedlot" means the same as defined in section 172D.1.1 22 "Personal representative" means a person who is authorized by 1 23 the owner of the contract feeding facility to act on behalf of 1 24 the owner, including by executing production contracts or 1 25 filing and enforcing liens under this chapter. 1 26 5. "Processor" means the same as defined in section 9H.1. 1 27 6. "Production contract" means an agreement which provides 1 28 that a contract feeding facility operator is required to 1 29 receive payment for feed or services relating to the care and 1 30 feeding of livestock owned by another person during the period 1 31 when the livestock is kept at the contract feeding facility. 1 32 Sec. 2. Section 579A.2, Code 1999, is amended to read as 1 33 follows: 1 34 579A.2 ESTABLISHMENT OF LIEN – PRIORITY. 1 35 1. Acustom cattle feedlotcontract feeding facility 2 1 operator who is a party to a production contract shall have a 2 2 lien upon thecattlelivestock and the identifiable cash 2 3 proceeds from the sale of thecattlelivestock for the amount 2 4of theowed to the contract feeding facility operator pursuant 2 5 to the terms of the production contractprice for the feed and2 6care of the livestock at the custom cattle feedlot agreed upon2 7by the custom cattle feedlot operator and the person who owns2 8the cattle, which may be enforced as provided in section 2 9 579A.3. 2 10 2. The lien is created at the time thecattle arrive2 11 livestock arrives at thecustom cattle feedlotcontract 2 12 feeding facility and continues for one year after thecattle2 13have leftthecustom cattle feedlotlivestock leaves the 2 14 contract feeding facility. In order to preserve the lien, the 2 15custom cattle feedlotcontract feeding facility operator must, 2 16 within twenty days after thecattle arrivelivestock arrives 2 17 at thecustom cattle feedlotcontract feeding facility, file 2 18 in the office of the secretary of state, a lien statement on a 2 19 form prescribed by the secretary of state. The secretary of 2 20 state shall charge a fee of not more than ten dollars for 2 21 filing the statement. The secretary of state may adopt rules 2 22 pursuant to chapter 17A for the electronic filing of the 2 23 statements. The statement must include all of the following: 2 24 a. An estimate of the amountof feed and care provided to2 25the cattleowed pursuant to the production contract. 2 26 b. The estimated duration of the period when thecattle2 27 livestock located at the contract feeding facility are subject 2 28 tofeed and care at the custom cattle feedlotthe production 2 29 contract. 2 30 c. The name of the party to the production contract whose 2 31cattle are subject to feed and care at the custom cattle2 32feedlotlivestock is located at the contract feeding facility 2 33 pursuant to the production contract. 2 34 d. The description of the location of thecustom cattle2 35feedlotcontract feeding facility, by county and township. 3 1 e. The printed name and signature of the person filing the 3 2 form. 3 3 3. Except as provided in chapter 581, a lien created under 3 4 this section until preserved and a lien preserved under this 3 5 section is superior to and shall have priority over a 3 6 conflicting lien or security interest in thecattlelivestock, 3 7 including a lien or security interest that was perfected prior 3 8 to the creation of the lien provided under this section. 3 9 Sec. 3. Section 579A.3, Code 1999, is amended to read as 3 10 follows: 3 11 579A.3 ENFORCEMENT. 3 12 While thecattle arelivestock is located at thecustom3 13cattle feedlotcontract feeding facility, thecustom cattle3 14feedlotcontract feeding facility operator may foreclose a 3 15 lien created in section 579A.2 in the manner provided for the 3 16 foreclosure of secured transactions as provided in sections 3 17 554.9504, 554.9506, and 554.9507. After thecattle have left3 18 livestock leaves thecustom cattle feedlot, the custom cattle3 19feedlot operatorcontract feeding facility, the contract 3 20 feeding facility operator may enforce the lien by commencing 3 21 an action at law for the amount of the lien against either of 3 22 the following: 3 23 1. The holder of the identifiable cash proceeds from the 3 24 sale of thecattlelivestock. 3 25 2. The processor who has purchased thecattlelivestock 3 26 within three days after thecattle have leftlivestock leaves 3 27 thecustom cattle feedlotcontract feeding facility. 3 28 Sec. 4. NEW SECTION. 579A.4 WAIVERS UNENFORCEABLE. 3 29 A waiver of a right created by this chapter, including but 3 30 not limited to a waiver of the right to file a lien pursuant 3 31 to this chapter, is void and unenforceable. 3 32 Sec. 5. EFFECTIVE DATE. This Act, being deemed of 3 33 immediate importance, takes effect upon enactment. 3 34 EXPLANATION 3 35 This bill amends Code chapter 579 which provides that a 4 1 custom cattle feedlot operator has a lien upon bovine and 4 2 identifiable cash proceeds from the sale of the bovine for the 4 3 amount owed under the terms of the contract. The bill changes 4 4 the names of terms referred to in the chapter. The term 4 5 "custom cattle feedlot" is changed to "contract feeding 4 6 facility" and the term "custom cattle feedlot operator" is 4 7 changed to "contract feeding facility operator". The bill 4 8 provides that the lien applies to contracts involving the care 4 9 and feeding of cattle, swine, and poultry. The procedures for 4 10 filing and enforcing the lien remain substantially the same. 4 11 The bill does provide that a waiver of a right created under 4 12 the chapter's provisions is void and unenforceable. 4 13 The bill takes effect upon enactment. 4 14 LSB 2122SV 78 4 15 da/cf/24
Text: SF00442 Text: SF00444 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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