Text: HF02567 Text: HF02569 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 AGRICULTURAL SUPPLY DEALER'S LIEN 1 3 Section 1. Section 570A.1, subsection 3, Code 2001, is 1 4 amended to read as follows: 1 5 3. "Agricultural supply dealer" or "dealer" means a person 1 6 engaged in the retail sale of agricultural chemicals, seed, 1 7 feed, or petroleum products used for an agricultural purpose. 1 8 Sec. 2. Section 570A.1, Code 2001, is amended by adding 1 9 the following new subsection. 1 10 NEW SUBSECTION. 3A. "Agricultural supply dealer lien" or 1 11 "lien" means the agricultural supply dealer lien created in 1 12 section 570A.3. 1 13 Sec. 3. Section 570A.3, Code 2001, is amended to read as 1 14 follows: 1 15 570A.3 LIEN CREATED. 1 161.An agricultural supply dealer lien is created. The 1 17 lien is an agricultural lien as provided in section 554.9302. 1 18 An agricultural supply dealerfurnishingwho provides an 1 19 agricultural chemical, seed, feed, or a petroleum product to a 1 20 farmerhasshall have a lien as provided in this chapter. The 1 21 agricultural supply dealer is a secured party and the farmer 1 22 is a debtor for purposes of chapter 554, article 9. The 1 23 amount of the lien shall be the amount owed to the 1 24 agricultural supply dealer for the retail cost of the 1 25 agricultural chemical, seed, feed, or petroleum product, 1 26 including any laborfurnishedprovided. The lien attaches to 1 27 allcropsof the following: 1 28 1. Crops which are produced upon the land to which the 1 29 agricultural chemical was applied, or produced from seed 1 30 furnished, or produced using the petroleum product furnished, 1 31 for a period of sixteen months following the date of 1 32 perfection of the lien pursuant to section 570A.4. However, 1 33 the liendoesshall not attach to that portion of the crops of 1 34 a farmer who has paid all amounts due from the farmer for the 1 35 retail cost, including labor, of the agricultural chemical, 2 1 seed, or petroleum product provided. 2 2 2.An agricultural supply dealer furnishing feed to a2 3farmer has a lien for the unpaid amount of the retail cost of2 4the feed, including labor. The lien attaches to all livestock2 5 Livestock consuming the feed. However, the lien does not 2 6 attach to that portion of the livestock of a farmer who has 2 7 paid all amounts due from the farmer for the retail cost, 2 8 including labor, of the feed. 2 9 Sec. 4. Section 570A.4, Code Supplement 2001, is amended 2 10 by striking the subsection and inserting in lieu thereof the 2 11 following: 2 12 570A.4 PERFECTING THE LIEN – FILING REQUIREMENTS. 2 13 An agricultural supply dealer's lien becomes effective and 2 14 may be perfected and terminated as follows: 2 15 1. The lien becomes effective at the time that the 2 16 agricultural chemical, seed, feed, or petroleum product is 2 17 purchased or delivered to the farmer. 2 18 2. In order to perfect the lien, the agricultural supply 2 19 dealer must file a financing statement in the office of the 2 20 secretary of state as provided in section 554.9308 within 2 21 thirty-one days after the first date on which payment is due 2 22 under the terms of payment agreed to by the dealer and the 2 23 farmer. The financing statement shall meet the requirements 2 24 of section 554.9502, subsection 1, and include all applicable 2 25 information described in section 554.9516. Section 554.9515 2 26 shall not apply to a financing statement perfecting the lien. 2 27 Filing a financing statement as provided in this subsection 2 28 satisfies all requirements for perfection of an agricultural 2 29 lien as provided in chapter 554, article 9. 2 30 3. The lien may be terminated by the agricultural supply 2 31 dealer by filing a termination statement as provided in 2 32 chapter 554, article 9. 2 33 Sec. 5. Section 570A.5, Code 2001, is amended to read as 2 34 follows: 2 35 570A.5 PRIORITY OF LIEN. 3 1 Except as provided in this section, an agricultural supply 3 2 dealer's lien that is effective or perfected as provided in 3 3 section 570A.4 shall be subject to the rules of priority as 3 4 provided in section 554.9322. For an agricultural supply 3 5 dealer's lien that is perfected under section 570A.4, all of 3 6 the following shall apply: 3 7 1.AThe lienperfected under this chapteris superior to 3 8 a lien or security interest which attaches subsequent to the 3 9 time thelien statement is filed with the secretary of state,3 10except liens which arise under this chapter oragricultural 3 11 supply dealer's lien is perfected. However, an agricultural 3 12 supply dealer's lien shall not be superior to a landlord's 3 13 lien created underchapterschapter 570andor a thresher's 3 14 and cornsheller's lien created under chapter 571 that is 3 15 perfected as provided in those chapters. 3 16 2.AThe lienperfected under this chapteris equal to a 3 17 lien or security interest which isof record or which is3 18 perfected prior to the time that thelien statement is filed3 19with the secretary of state except as provided in section3 20570A.2, subsection 3agricultural supply dealer's lien is 3 21 perfected. 3 22 3. A lienperfected under this chapter for the purposes of3 23 applying to livestock feedwill continuecontinues to be 3 24 perfected in the livestock andtakeshas priority over an 3 25 earlier perfected lien or security interest to the extent of 3 26 the difference between the acquisition price of the livestock 3 27 and the fair market value of the livestock at the time the 3 28 lien attaches or the sale price of the livestock, whichever is 3 29 greater. 3 30 Sec. 6. Section 570A.6, Code Supplement 2001, is amended 3 31 to read as follows: 3 32 570A.6 ENFORCEMENT OF LIEN. 3 33The holder of aAn agricultural supply dealer may enforce 3 34 an agricultural supply dealer's lienperfected under this3 35chapter may enforce the lienin the manner provided for 4 1 agricultural liens pursuant to chapter 554, article 9, part 6,4 2for the enforcement of security interests.For purposes of4 3enforcement of the lien, the lienholder is deemed to be the4 4secured party, and the farmer for whom the agricultural4 5chemical, seed, feed, or petroleum product was furnished is4 6deemed to be the debtor, and each has the respective rights4 7and duties of a secured party and a debtor as provided in4 8chapter 554, article 9, part 6. Where a right or duty under4 9chapter 554, article 9, part 6, is contingent upon the4 10existence of express language in a security agreement, or may4 11be waived by express language in a security agreement, the4 12requisite language is deemed not to exist for purposes of4 13enforcement of the lien created by this chapter.4 14 Sec. 7. Sections 570A.7 through 570A.11, Code 2001, are 4 15 repealed. 4 16 DIVISION II 4 17 THRESHER'S AND CORNSHELLER'S LIEN 4 18 Sec. 8. Section 571.1, Code 2001, is amended to read as 4 19 follows: 4 20 571.1NATURE OFLIEN CREATED. 4 21Any person, firm, corporation, or association engaged in4 22operating a machine for theA thresher's and cornsheller's 4 23 lien is created. The lien is an agricultural lien as provided 4 24 in section 554.9302. The amount of the lien shall be for the 4 25 reasonable value of services for threshing, baling, or 4 26 combining of any kind of grain or seed;or for thebalingofa 4 27 farm product, including but not limited to hay,or straw,or4 28any other farm productregardless of whetherdoneby 4 29 stationary or movable baler;or for the mechanicalhusking or 4 30 shelling of corn by mechanical means; orfor doingperforming 4 31 custom threshing, combining, mechanical husking, baling, or 4 32 corn shelling for hire, shall have a first. The lienon4 33 attaches to the grainandor seed threshed,or anythe farm 4 34 product baled, oronthe corn shelled or husked, for the4 35reasonable value of such services. The thresher or 5 1 cornsheller is a secured party and the person for whom the 5 2 thresher or cornsheller renders such services is a debtor for 5 3 purposes of chapter 554, article 9. 5 4 Sec. 9. NEW SECTION. 571.1A DEFINITIONS. 5 5 As used in this chapter, unless the context otherwise 5 6 requires: 5 7 1. "Thresher or cornsheller" means a person who performs a 5 8 service as provided in section 571.1. 5 9 2. "Thresher's and cornsheller's lien" or "lien" means the 5 10 thresher's and cornsheller's lien created in section 571.1. 5 11 Sec. 10. Section 571.3, Code 2001, is amended by striking 5 12 the section and inserting in lieu thereof the following: 5 13 571.3 PERFECTING THE LIEN – FILING REQUIREMENTS. 5 14 A thresher's and cornsheller's lien becomes effective and 5 15 may be perfected and terminated as follows: 5 16 1. The lien becomes effective at the time that the 5 17 services provided under section 571.1 are rendered. 5 18 2. In order to perfect the lien, the thresher or 5 19 cornsheller must file a financing statement in the office of 5 20 the secretary of state as provided in section 554.9308 within 5 21 ten days after the last date that the services were rendered. 5 22 The financing statement shall meet the requirements of section 5 23 554.9502, subsection 1, and include all applicable information 5 24 described in section 554.9516. Section 554.9515 shall not 5 25 apply to a financing statement perfecting the lien. Filing a 5 26 financing statement as provided in this subsection satisfies 5 27 all requirements for perfection of an agricultural lien as 5 28 provided in chapter 554, article 9. 5 29 3. The lien may be terminated by the thresher or 5 30 cornsheller by filing a termination statement as provided in 5 31 chapter 554, article 9. 5 32 Sec. 11. NEW SECTION. 571.3A PRIORITY OF LIEN. 5 33 Except as provided in this section, section 554.9322 shall 5 34 govern the priority of a thresher's and cornsheller's lien 5 35 that is effective or perfected as provided in section 571.3. 6 1 Otherwise, the perfected thresher's and cornsheller's lien is 6 2 superior to and shall have priority over a conflicting 6 3 security interest or landlord's lien created in chapter 570 6 4 regardless of when the landlord's lien was perfected. 6 5 Sec. 12. Section 571.5, Code Supplement 2001, is amended 6 6 to read as follows: 6 7 571.5 ENFORCEMENT OF LIEN. 6 8 A thresher or cornsheller may enforce a thresher's and 6 9 cornsheller's lienas provided in this chapter may be enforced6 10 in the manner provided for agricultural liens pursuant to the 6 11 uniform commercial code, chapter 554, article 9, part 6. 6 12 Sec. 13. Sections 571.2, 571.4, and 571.6, Code 2001, are 6 13 repealed. 6 14 DIVISION III 6 15 VETERINARIAN'S LIEN 6 16 Sec. 14. Section 581.1, Code 2001, is amended to read as 6 17 follows: 6 18 581.1NATURE OFLIEN CREATED. 6 19Every veterinarian, licensed and registered in accordance6 20with chapter 169, shall have aA veterinarian's lien is 6 21 created. The lien is an agricultural lien as provided in 6 22 section 554.9302. The amount of the lien shall be for the 6 23 actual and reasonable value of treating livestock, including 6 24 the cost of any product used andforthe actual and reasonable 6 25 value of any professional service rendered by the veterinarian 6 26in connection with livestock, providing claim for said lien is6 27filed as hereinafter provided. The lien attaches to the 6 28 livestock treated by the veterinarian. The veterinarian is a 6 29 secured party and the owner of the livestock is a debtor for 6 30 purposes of chapter 554, article 9. 6 31 Sec. 15. NEW SECTION. 581.1A DEFINITIONS. 6 32 As used in this chapter, unless the context otherwise 6 33 requires: 6 34 1. "Veterinarian" means a person who practices veterinary 6 35 medicine under a currently valid license or temporary permit 7 1 as provided in chapter 169. 7 2 2. "Veterinarian's lien" or "lien" means a veterinarian's 7 3 lien created under section 581.1. 7 4 Sec. 16. Section 581.3, Code 2001, is amended by striking 7 5 the section and inserting in lieu thereof the following: 7 6 581.3 PERFECTING THE LIEN – FILING REQUIREMENTS. 7 7 A veterinarian's lien becomes effective and may be 7 8 perfected and terminated as follows: 7 9 1. The lien becomes effective at the time that the 7 10 veterinarian treats livestock. 7 11 2. In order to perfect the lien, the veterinarian must 7 12 file a financing statement in the office of the secretary of 7 13 state as provided in section 554.9308 within sixty days after 7 14 the last day that the veterinarian treats the livestock. The 7 15 financing statement shall meet the requirements of section 7 16 554.9502, subsection 1, and include all applicable information 7 17 described in section 554.9516. Section 554.9515 shall not 7 18 apply to a financing statement perfecting the lien. Filing a 7 19 financing statement as provided in this subsection satisfies 7 20 all requirements for perfection of an agricultural lien as 7 21 provided in chapter 554, article 9. 7 22 3. The lien may be terminated by the veterinarian by 7 23 filing a termination statement as provided in chapter 554, 7 24 article 9. 7 25 Sec. 17. NEW SECTION. 581.3A PRIORITY. 7 26 Except as provided in this section, section 554.9322 shall 7 27 govern the priority of a veterinarian's lien that is effective 7 28 or perfected as provided in section 581.3. A veterinarian's 7 29 lien is perfected under section 581.3 and is superior to and 7 30 shall have priority over a conflicting lien or security 7 31 interest in livestock, including a lien or security interest 7 32 that was perfected prior to the perfection of the 7 33 veterinarian's lien. 7 34 Sec. 18. Section 581.4, Code 2001, is amended to read as 7 35 follows: 8 1 581.4 ENFORCEMENT. 8 2The lienholderA veterinarian may enforce the 8 3 veterinarian's lienby a suitinequitythe manner provided 8 4 for agricultural liens pursuant to the uniform commercial 8 5 code, chapter 554, article 9, part 6. 8 6 Sec. 19. Section 581.2, Code 2001, is repealed. 8 7 DIVISION IV 8 8 CONFORMING CHANGES 8 9 Sec. 20. Section 554.9322, subsection 1, Code Supplement 8 10 2001, is amended by adding the following new paragraph: 8 11 NEW PARAGRAPH. d. A provision relating to an agricultural 8 12 lien, including an agricultural lien as created in chapters 8 13 570, 570A, 571, 579A, 579B, and 581, that provides for the 8 14 priority of the lien shall supersede a provision providing for 8 15 the priority of an agricultural lien under this subsection. 8 16 Sec. 21. Section 554.9515, Code Supplement 2001, is 8 17 amended by adding the following new subsection: 8 18 NEW SUBSECTION. 8. This section does not apply to an 8 19 agricultural lien created under chapter 570, 570A, 571, 579A, 8 20 579B, or 581. 8 21 EXPLANATION 8 22 In 2000, the general assembly enacted House File 2513 (2000 8 23 Iowa Acts, chapter 1149) adopting revised Article 9 of the 8 24 uniform commercial code (Code chapter 554) as proposed by the 8 25 American law institute and the national conference of 8 26 commissioners on uniform state laws, and conforming amendments 8 27 to a number of articles within the Code chapter as well as 8 28 other Code chapters providing for security interests and 8 29 liens. 8 30 With limited exceptions, new Article 9 governs the 8 31 creation, priority, and enforcement of creditor's consensual 8 32 liens, which are defined as security interests in personal 8 33 property and fixtures. Revised Article 9, like its 8 34 predecessor, provides generally for the effectiveness of 8 35 security agreements and the rights and duties of creditors 9 1 (i.e., secured parties), including parties having possession 9 2 and control of collateral. Much of revised Article 9 provides 9 3 for perfecting a security interest, usually accomplished by 9 4 filing a financing statement. The article provides for the 9 5 contents of financing statements and the location where such 9 6 financing statements must be filed (e.g., with the secretary 9 7 of state). In perfecting a security interest, a debtor is 9 8 generally assured rights in the collateral superior to a 9 9 security interest perfected later in time. Prior to the 9 10 revision of Article 9, liens created in statutes outside Code 9 11 chapter 554 were not affected by the provisions of Code 9 12 chapter 554. These liens include types of agricultural liens 9 13 such as those created for landlords (Code chapter 570), 9 14 agricultural supply dealers (Code chapter 570A), threshers and 9 15 cornshellers (Code chapter 571), custom cattle feedlots (Code 9 16 chapter 579A), contract producers of commodities (Code chapter 9 17 579B), and veterinarians (Code chapter 581). These Code 9 18 chapters provide that persons filing these liens enjoy super 9 19 priority. Revised Article 9 provides filing requirements for 9 20 perfecting agricultural liens, and therefore may control 9 21 issues relating to priority of conflicting security interests 9 22 and liens. 9 23 The bill amends Code chapters 570A, 571, and 581 by 9 24 eliminating requirements for filing that are inconsistent with 9 25 the requirements contained in revised Article 9. The bill 9 26 expressly states that the liens are agricultural liens, 9 27 replaces references to lien statements with financing 9 28 statements, and maintains their priority status over other 9 29 security interests and liens to the extent that these liens 9 30 also have been perfected as agricultural liens under revised 9 31 Article 9. 9 32 LSB 6720HV 79 9 33 da/sh/8
Text: HF02567 Text: HF02569 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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