Text: SSB03175 Text: SSB03177 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 LANDLORD'S LIEN 1 3 Section 1. Section 570.1, subsection 1, Code Supplement 1 4 2001, is amended to read as follows: 1 51. A landlord shall have a lienA landlord's lien is 1 6 created. The lien is an agricultural lien as provided in 1 7 section 554.9302. The amount of the lien shall be for the 1 8 rent upon all crops grownuponon the leased premises, and 1 9uponanyotherpersonal property of the tenantwhichthat has 1 10 been used or keptthereonon the leased premises during the 1 11 term and which is not exempt from execution. The lien 1 12 attaches to the crops and personal property. The landlord is 1 13 a secured party and the tenant is a debtor for purposes of 1 14 chapter 554, article 9. 1 15 Sec. 2. Section 570.1, subsection 2, Code Supplement 2001, 1 16 is amended by striking the subsection. 1 17 Sec. 3. NEW SECTION. 570.1A DEFINITIONS. 1 18 As used in this chapter, unless the context otherwise 1 19 requires: 1 20 1. "Farm products" means the same as defined in section 1 21 554.9102. 1 22 2. "Landlord" means the owner of land that is subject to a 1 23 lease. 1 24 3. "Landlord's lien" or "lien" means the landlord's lien 1 25 created under section 570.1. 1 26 Sec. 4. Section 570.2, Code 2001, is amended by striking 1 27 the section and inserting in lieu thereof the following: 1 28 570.2 PERFECTING THE LIEN – FILING REQUIREMENTS. 1 29 A landlord's lien on crops and personal property which are 1 30 farm products becomes effective and may be perfected and 1 31 terminated as follows: 1 32 1. A lien on farm products becomes effective at the time 1 33 that the landlord and tenant execute the lease. 1 34 2. a. In order to perfect the lien, the landlord must 1 35 file a financing statement in the office of the secretary of 2 1 state as provided in section 554.9308, subsection 2, on either 2 2 of the following dates: 2 3 (1) Prior to July 1, 2001. 2 4 (2) When the tenant takes possession of the leased 2 5 premises or within twenty days after the tenant takes 2 6 possession of the leased premises. 2 7 b. The financing statement shall meet the requirements of 2 8 section 554.9502, subsection 1, and include all applicable 2 9 information described in section 554.9516. The financing 2 10 statement must include a statement that it is filed for the 2 11 purpose of perfecting a landlord's lien. Section 554.9515 2 12 shall not apply to the financing statement. Filing a 2 13 financing statement as provided in this subsection satisfies 2 14 all requirements for perfection of an agricultural lien as 2 15 provided in chapter 554, article 9. 2 16 3. A landlord's lien may be terminated by the landlord 2 17 filing a termination statement as provided in chapter 554, 2 18 article 9. Otherwise, the lien shall terminate as follows: 2 19 a. One year from the date that year's rent falls due under 2 20 the lease, or one year from the date that the rent for a 2 21 shorter period falls due under the lease. However, if the 2 22 lease is renewed and the parties to the lease and leased 2 23 premises are the same, the landlord may file a continuation 2 24 statement pursuant to section 554.9515. 2 25 b. The lien has expired or the tenant is no longer in 2 26 possession of the leased premises and has performed all 2 27 obligations under the lease. The landlord shall file a 2 28 termination statement in the same manner as provided in 2 29 section 554.9513, if the landlord receives an authenticated 2 30 demand from a tenant in the same manner as provided in section 2 31 554.9513, subsection 3. 2 32 Sec. 5. NEW SECTION. 570.2A PRIORITY OF LIEN. 2 33 Except as provided in this section, section 554.9322 shall 2 34 govern the priority of a landlord's lien that is effective or 2 35 perfected as provided in section 570.2. Except as provided in 3 1 chapters 571, 572, 579A, 579B, and 581, a perfected lien in 3 2 the farm products has priority over a conflicting security 3 3 interest or lien, including a security interest or lien that 3 4 was perfected prior to the effectiveness of the lien under 3 5 section 570.1A. 3 6 Sec. 6. Section 570.5, Code 2001, is amended by striking 3 7 the section and inserting in lieu thereof the following: 3 8 570.5 ENFORCEMENT 3 9 A landlord may enforce a landlord's lien in the manner 3 10 provided for agricultural liens pursuant to the uniform 3 11 commercial code, chapter 554, article 9, part 6. 3 12 Sec. 7. Sections 570.3, 570.4, 570.6, 570.7, 570.8, 570.9, 3 13 and 570.10, Code 2001, are repealed. 3 14 DIVISION II 3 15 AGRICULTURAL SUPPLY DEALER'S LIEN 3 16 Sec. 8. Section 570A.1, subsection 3, Code 2001, is 3 17 amended to read as follows: 3 18 3. "Agricultural supply dealer" or "dealer" means a person 3 19 engaged in the retail sale of agricultural chemicals, seed, 3 20 feed, or petroleum products used for an agricultural purpose. 3 21 Sec. 9. Section 570A.1, Code 2001, is amended by adding 3 22 the following new subsection. 3 23 NEW SUBSECTION. 3A. "Agricultural supply dealer lien" or 3 24 "lien" means the agricultural supply dealer lien created in 3 25 section 570A.3. 3 26 Sec. 10. Section 570A.3, Code 2001, is amended to read as 3 27 follows: 3 28 570A.3 LIEN CREATED. 3 291.An agricultural supply dealer lien is created. The 3 30 lien is an agricultural lien as provided in section 554.9302. 3 31 An agricultural supply dealerfurnishingwho provides an 3 32 agricultural chemical, seed, feed, or a petroleum product to a 3 33 farmerhasshall have a lien as provided in this chapter. The 3 34 agricultural supply dealer is a secured party and the farmer 3 35 is a debtor for purposes of chapter 554, article 9. The 4 1 amount of the lien shall be the amount owed to the 4 2 agricultural supply dealer for the retail cost of the 4 3 agricultural chemical, seed, feed, or petroleum product, 4 4 including any laborfurnishedprovided. The lien attaches to 4 5 allcropsof the following: 4 6 1. Crops which are produced upon the land to which the 4 7 agricultural chemical was applied, or produced from seed 4 8 furnished, or produced using the petroleum product furnished, 4 9 for a period of sixteen months following the date of 4 10 perfection of the lien pursuant to section 570A.4. However, 4 11 the liendoesshall not attach to that portion of the crops of 4 12 a farmer who has paid all amounts due from the farmer for the 4 13 retail cost, including labor, of the agricultural chemical, 4 14 seed, or petroleum product provided. 4 15 2.An agricultural supply dealer furnishing feed to a4 16farmer has a lien for the unpaid amount of the retail cost of4 17the feed, including labor. The lien attaches to all livestock4 18 Livestock consuming the feed. However, the lien does not 4 19 attach to that portion of the livestock of a farmer who has 4 20 paid all amounts due from the farmer for the retail cost, 4 21 including labor, of the feed. 4 22 Sec. 11. Section 570A.4, Code Supplement 2001, is amended 4 23 by striking the subsection and inserting in lieu thereof the 4 24 following: 4 25 570A.4 PERFECTING THE LIEN – FILING REQUIREMENTS. 4 26 An agricultural supply dealer's lien becomes effective and 4 27 may be perfected and terminated as follows: 4 28 1. The lien becomes effective at the time that the 4 29 agricultural chemical, seed, feed, or petroleum product is 4 30 purchased or delivered to the farmer. 4 31 2. In order to perfect the lien, the agricultural supply 4 32 dealer must file a financing statement in the office of the 4 33 secretary of state as provided in section 554.9308 within 4 34 thirty-one days after the first date on which payment is due 4 35 under the terms of payment agreed to by the dealer and the 5 1 farmer. The financing statement shall meet the requirements 5 2 of section 554.9502, subsection 1, and include all applicable 5 3 information described in section 554.9516. Section 554.9515 5 4 shall not apply to a financing statement perfecting the lien. 5 5 Filing a financing statement as provided in this subsection 5 6 satisfies all requirements for perfection of an agricultural 5 7 lien as provided in chapter 554, article 9. 5 8 3. The lien may be terminated by the agricultural supply 5 9 dealer by filing a termination statement as provided in 5 10 chapter 554, article 9. 5 11 Sec. 12. Section 570A.5, Code 2001, is amended to read as 5 12 follows: 5 13 570A.5 PRIORITY OF LIEN. 5 14 Except as provided in this section, an agricultural supply 5 15 dealer's lien that is effective or perfected as provided in 5 16 section 570A.4 shall be subject to the rules of priority as 5 17 provided in section 554.9322. For an agricultural supply 5 18 dealer's lien that is perfected under section 570A.4, all of 5 19 the following shall apply: 5 20 1.AThe lienperfected under this chapteris superior to 5 21 a lien or security interest which attaches subsequent to the 5 22 time thelien statement is filed with the secretary of state,5 23except liens which arise under this chapter oragricultural 5 24 supply dealer's lien is perfected. However, an agricultural 5 25 supply dealer's lien shall not be superior to a landlord's 5 26 lien created underchapterschapter 570andor a thresher's 5 27 and cornsheller's lien created under chapter 571 that is 5 28 perfected as provided in those chapters. 5 29 2.AThe lienperfected under this chapteris equal to a 5 30 lien or security interest which isof record or which is5 31 perfected prior to the time that thelien statement is filed5 32with the secretary of state except as provided in section5 33570A.2, subsection 3agricultural supply dealer's lien is 5 34 perfected. 5 35 3. A lienperfected under this chapter for the purposes of6 1 applying to livestock feedwill continuecontinues to be 6 2 perfected in the livestock andtakeshas priority over an 6 3 earlier perfected lien or security interest to the extent of 6 4 the difference between the acquisition price of the livestock 6 5 and the fair market value of the livestock at the time the 6 6 lien attaches or the sale price of the livestock, whichever is 6 7 greater. 6 8 Sec. 13. Section 570A.6, Code Supplement 2001, is amended 6 9 to read as follows: 6 10 570A.6 ENFORCEMENT OF LIEN. 6 11The holder of aAn agricultural supply dealer may enforce 6 12 an agricultural supply dealer's lienperfected under this6 13chapter may enforce the lienin the manner provided for 6 14 agricultural liens pursuant to chapter 554, article 9, part 6,6 15for the enforcement of security interests.For purposes of6 16enforcement of the lien, the lienholder is deemed to be the6 17secured party, and the farmer for whom the agricultural6 18chemical, seed, feed, or petroleum product was furnished is6 19deemed to be the debtor, and each has the respective rights6 20and duties of a secured party and a debtor as provided in6 21chapter 554, article 9, part 6. Where a right or duty under6 22chapter 554, article 9, part 6, is contingent upon the6 23existence of express language in a security agreement, or may6 24be waived by express language in a security agreement, the6 25requisite language is deemed not to exist for purposes of6 26enforcement of the lien created by this chapter.6 27 Sec. 14. Sections 570A.7 through 570A.11, Code 2001, are 6 28 repealed. 6 29 DIVISION III 6 30 THRESHER'S AND CORNSHELLER'S LIEN 6 31 Sec. 15. Section 571.1, Code 2001, is amended to read as 6 32 follows: 6 33 571.1NATURE OFLIEN CREATED. 6 34Any person, firm, corporation, or association engaged in6 35operating a machine for theA thresher's and cornsheller's 7 1 lien is created. The lien is an agricultural lien as provided 7 2 in section 554.9302. The amount of the lien shall be for the 7 3 reasonable value of services for threshing, baling, or 7 4 combining of any kind of grain or seed;or for thebalingofa 7 5 farm product, including but not limited to hay,or straw,or7 6any other farm productregardless of whetherdoneby 7 7 stationary or movable baler;or for the mechanicalhusking or 7 8 shelling of corn by mechanical means; orfor doingperforming 7 9 custom threshing, combining, mechanical husking, baling, or 7 10 corn shelling for hire, shall have a first. The lienon7 11 attaches to the grainandor seed threshed,or anythe farm 7 12 product baled, oronthe corn shelled or husked, for the7 13reasonable value of such services. The thresher or 7 14 cornsheller is a secured party and the person for whom the 7 15 thresher or cornsheller renders such services is a debtor for 7 16 purposes of chapter 554, article 9. 7 17 Sec. 16. NEW SECTION. 571.1A DEFINITIONS. 7 18 As used in this chapter, unless the context otherwise 7 19 requires: 7 20 1. "Thresher or cornsheller" means a person who performs a 7 21 service as provided in section 571.1. 7 22 2. "Thresher's and cornsheller's lien" or "lien" means the 7 23 thresher's and cornsheller's lien created in section 571.1. 7 24 Sec. 17. Section 571.3, Code 2001, is amended by striking 7 25 the section and inserting in lieu thereof the following: 7 26 571.3 PERFECTING THE LIEN – FILING REQUIREMENTS. 7 27 A thresher's and cornsheller's lien becomes effective and 7 28 may be perfected and terminated as follows: 7 29 1. The lien becomes effective at the time that the 7 30 services provided under section 571.1 are rendered. 7 31 2. In order to perfect the lien, the thresher or 7 32 cornsheller must file a financing statement in the office of 7 33 the secretary of state as provided in section 554.9308 within 7 34 ten days after the last date that the services were rendered. 7 35 The financing statement shall meet the requirements of section 8 1 554.9502, subsection 1, and include all applicable information 8 2 described in section 554.9516. Section 554.9515 shall not 8 3 apply to a financing statement perfecting the lien. Filing a 8 4 financing statement as provided in this subsection satisfies 8 5 all requirements for perfection of an agricultural lien as 8 6 provided in chapter 554, article 9. 8 7 3. The lien may be terminated by the thresher or 8 8 cornsheller by filing a termination statement as provided in 8 9 chapter 554, article 9. 8 10 Sec. 18. NEW SECTION. 571.3A PRIORITY OF LIEN. 8 11 Except as provided in this section, section 554.9322 shall 8 12 govern the priority of a thresher's and cornsheller's lien 8 13 that is effective or perfected as provided in section 571.3. 8 14 Otherwise, the perfected thresher's and cornsheller's lien is 8 15 superior to and shall have priority over a conflicting 8 16 security interest or landlord's lien created in chapter 570 8 17 regardless of when the landlord's lien was perfected. 8 18 Sec. 19. Section 571.5, Code Supplement 2001, is amended 8 19 to read as follows: 8 20 571.5 ENFORCEMENT OF LIEN. 8 21 A thresher or cornsheller may enforce a thresher's and 8 22 cornsheller's lienas provided in this chapter may be enforced8 23 in the manner provided for agricultural liens pursuant to the 8 24 uniform commercial code, chapter 554, article 9, part 6. 8 25 Sec. 20. Sections 571.2, 571.4, and 571.6, Code 2001, are 8 26 repealed. 8 27 DIVISION IV 8 28 CUSTOM CATTLE FEEDLOT LIEN 8 29 Sec. 21. Section 579A.1, Code Supplement 2001, is amended 8 30 by adding the following new subsection: 8 31 NEW SUBSECTION. 2A. "Custom cattle feedlot lien" or 8 32 "lien" means a custom cattle feedlot lien created in section 8 33 579A.2. 8 34 Sec. 22. Section 579A.1, subsection 5, Code Supplement 8 35 2001, is amended by striking the subsection. 9 1 Sec. 23. Section 579A.2, subsection 2, Code Supplement 9 2 2001, is amended to read as follows: 9 3 2. A custom cattle feedlot operator shall have a custom 9 4 cattle feedlot lienuponas provided in this section. The 9 5 lien shall attach to the cattle and the identifiable cash 9 6 proceeds from the sale of the cattle for the amount of the 9 7 contract price for the feed and care of the cattle at the 9 8 custom cattle feedlot pursuant to a written or oral agreement 9 9 by the custom cattle feedlot operator and the person who owns 9 10 the cattle, and which may be enforced as provided in section 9 11 579A.3. The custom cattle feedlot operator is a secured party 9 12 and the owner of the cattle is a debtor for purposes of 9 13 chapter 554, article 9. 9 14 Sec. 24. Section 579A.2, subsection 5, Code Supplement 9 15 2001, is amended by striking the subsection. 9 16 Sec. 25. NEW SECTION. 579A.2A PRIORITY. 9 17 Except as provided in this section, section 554.9322 shall 9 18 govern the priority of a custom cattle feedlot lien that is 9 19 effective or perfected as provided in section 579A.2. 9 20 Otherwise, the perfected custom cattle feedlot lien is 9 21 superior to and shall have priority over a conflicting lien or 9 22 security interest in the cattle subject to the lien as 9 23 provided in section 579A.2, including a lien or security 9 24 interest that was perfected prior to the perfection of the 9 25 custom cattle feedlot lien. However, a custom cattle feedlot 9 26 lien shall not be superior to a veterinarian's lien created 9 27 under section 581.1 which is perfected as provided in section 9 28 581.3. 9 29 Sec. 26. Section 579A.3, Code Supplement 2001, unnumbered 9 30 paragraph 1, is amended to read as follows: 9 31 While the cattle are located at the custom cattle feedlot, 9 32 the custom cattle feedlot operator mayforecloseenforce a 9 33 custom cattle feedlot liencreated in section 579A.2in the 9 34 manner provided for the enforcement of an agricultural lien as 9 35 provided in chapter 554, article 9, part 6. After the cattle 10 1 have left the custom cattle feedlot, the custom cattle feedlot 10 2 operator may enforce the lien by commencing an action at law 10 3 for the amount of the lien against either of the following: 10 4 DIVISION V 10 5 COMMODITY PRODUCTION CONTRACT LIENS 10 6 Sec. 27. Section 579B.1, Code Supplement 2001, is amended 10 7 by adding the following new subsection: 10 8 NEW SUBSECTION. 1A. "Commodity production contract lien" 10 9 or "lien" means a commodity production contract lien created 10 10 in section 579B.3. 10 11 Sec. 28. Section 579B.3, subsections 3 and 4, Code 10 12 Supplement 2001, are amended to read as follows: 10 13 3. If the production contract is for the production of 10 14 livestock or raw milk, all of the following shall apply: 10 15 a. For livestock, the lien shall apply to all of the 10 16 following: 10 17 (1) If the livestock is not sold or slaughtered by the 10 18 contractor, the lien shallbe onattach to the livestock. 10 19 (2) If the livestock is sold by the contractor, the lien 10 20 shallbe onattach to cash proceeds from the sale. For 10 21 purposes of this paragraph, cash held by the contractor shall 10 22 be deemed to be cash proceeds from the sale regardless of 10 23 whether it is identifiable cash proceeds. 10 24 (3) If the livestock is slaughtered by the contractor, the 10 25 lien shallbe onattach to any property of the contractor that 10 26 may be subject to a security interest as provided in section 10 27 554.9109. 10 28 b. For raw milk, the lien shallapplyattach to all of the 10 29 following: 10 30 (1) If the raw milk is not sold or processed by the 10 31 contractor, the lien shallbe onattach to the raw milk. 10 32 (2) If the raw milk is sold by the contractor, the lien 10 33 shallbe onattach to cash proceeds from the sale. For 10 34 purposes of this paragraph, cash held by the contractor shall 10 35 be deemed to be cash proceeds from the sale regardless of 11 1 whether it is identifiable cash proceeds. 11 2 (3) If the raw milk is processed by the contractor, the 11 3 lien shallbe onattach to any property of the contractor that 11 4 may be subject to a security interest as provided in section 11 5 554.9109. 11 6 4. If the production contract is for the production of 11 7 crops, all of the following shall apply: 11 8 a. If the crop is not sold or processed by the contractor, 11 9 the lien shallbe onattach to the crop. 11 10 b. If the crop is sold by the contractor, the lien shall 11 11be onattach to the cash proceeds from the sale. For purposes 11 12 of this paragraph, cash held by the contractor shall be deemed 11 13 to be cash proceeds from the sale regardless of whether it is 11 14 identifiable cash proceeds. 11 15 c. If the crop is processed by the contractor, the lien 11 16 shallbe onattach to any property of the contractor that may 11 17 be subject to a security interest as provided in section 11 18 554.9109. 11 19 Sec. 29. Section 579B.4, subsection 4, Code 2001, is 11 20 amended by striking the subsection. 11 21 Sec. 30. NEW SECTION. 579B.4A PRIORITY. 11 22 Except as provided in this section, section 554.9322 shall 11 23 govern the priority of a commodity production contract lien 11 24 that is effective or perfected as provided in section 579B.4. 11 25 Otherwise, the perfected commodity production contract lien is 11 26 superior to and shall have priority over a conflicting lien or 11 27 security interest in the commodity subject to the lien as 11 28 provided in section 579B.3, including a lien or security 11 29 interest that was perfected prior to the perfection of the 11 30 commodity production contract lien. However, a commodity 11 31 production contract lien shall not be superior to a 11 32 veterinarian's lien created under section 581.1 that is 11 33 perfected as provided in section 581.3. 11 34 DIVISION VI 11 35 VETERINARIAN'S LIEN 12 1 Sec. 31. Section 581.1, Code 2001, is amended to read as 12 2 follows: 12 3 581.1NATURE OFLIEN CREATED. 12 4Every veterinarian, licensed and registered in accordance12 5with chapter 169, shall have aA veterinarian's lien is 12 6 created. The lien is an agricultural lien as provided in 12 7 section 554.9302. The amount of the lien shall be for the 12 8 actual and reasonable value of treating livestock, including 12 9 the cost of any product used andforthe actual and reasonable 12 10 value of any professional service rendered by the veterinarian 12 11in connection with livestock, providing claim for said lien is12 12filed as hereinafter provided. The lien attaches to the 12 13 livestock treated by the veterinarian. The veterinarian is a 12 14 secured party and the owner of the livestock is a debtor for 12 15 purposes of chapter 554, article 9. 12 16 Sec. 32. NEW SECTION. 581.1A DEFINITIONS. 12 17 As used in this chapter, unless the context otherwise 12 18 requires: 12 19 1. "Veterinarian" means a person who practices veterinary 12 20 medicine under a currently valid license or temporary permit 12 21 as provided in chapter 169. 12 22 2. "Veterinarian's lien" or "lien" means a veterinarian's 12 23 lien created under section 581.1. 12 24 Sec. 33. Section 581.3, Code 2001, is amended by striking 12 25 the section and inserting in lieu thereof the following: 12 26 581.3 PERFECTING THE LIEN – FILING REQUIREMENTS. 12 27 A veterinarian's lien becomes effective and may be 12 28 perfected and terminated as follows: 12 29 1. The lien becomes effective at the time that the 12 30 veterinarian treats livestock. 12 31 2. In order to perfect the lien, the veterinarian must 12 32 file a financing statement in the office of the secretary of 12 33 state as provided in section 554.9308 within sixty days after 12 34 the last day that the veterinarian treats the livestock. The 12 35 financing statement shall meet the requirements of section 13 1 554.9502, subsection 1, and include all applicable information 13 2 described in section 554.9516. Section 554.9515 shall not 13 3 apply to a financing statement perfecting the lien. Filing a 13 4 financing statement as provided in this subsection satisfies 13 5 all requirements for perfection of an agricultural lien as 13 6 provided in chapter 554, article 9. 13 7 3. The lien may be terminated by the veterinarian by 13 8 filing a termination statement as provided in chapter 554, 13 9 article 9. 13 10 Sec. 34. NEW SECTION. 581.3A PRIORITY. 13 11 Except as provided in this section, section 554.9322 shall 13 12 govern the priority of a veterinarian's lien that is effective 13 13 or perfected as provided in section 581.3. A veterinarian's 13 14 lien is perfected under section 581.3 and is superior to and 13 15 shall have priority over a conflicting lien or security 13 16 interest in livestock, including a lien or security interest 13 17 that was perfected prior to the perfection of the 13 18 veterinarian's lien. 13 19 Sec. 35. Section 581.4, Code 2001, is amended to read as 13 20 follows: 13 21 581.4 ENFORCEMENT. 13 22The lienholderA veterinarian may enforce the 13 23 veterinarian's lienby a suitinequitythe manner provided 13 24 for agricultural liens pursuant to the uniform commercial 13 25 code, chapter 554, article 9, part 6. 13 26 Sec. 36. Section 581.2, Code 2001, is repealed. 13 27 DIVISION VII 13 28 CONFORMING CHANGES 13 29 Sec. 37. Section 554.9322, subsection 1, Code Supplement 13 30 2001, is amended by adding the following new paragraph: 13 31 NEW PARAGRAPH. d. A provision relating to an agricultural 13 32 lien, including an agricultural lien as created in chapters 13 33 570, 570A, 571, 579A, 579B, and 581, that provides for the 13 34 priority of the lien shall supersede a provision providing for 13 35 the priority of an agricultural lien under this subsection. 14 1 Sec. 38. Section 554.9515, Code Supplement 2001, is 14 2 amended by adding the following new subsection: 14 3 NEW SUBSECTION. 8. This section does not apply to an 14 4 agricultural lien created under chapter 570, 570A, 571, 579A, 14 5 579B, or 581. 14 6 EXPLANATION 14 7 In 2000, the general assembly enacted House File 2513 (2000 14 8 Iowa Acts, chapter 1149) adopting revised Article 9 of the 14 9 uniform commercial code (Code chapter 554) as proposed by the 14 10 American law institute and the national conference of 14 11 commissioners on uniform state laws, and conforming amendments 14 12 to a number of articles within the Code chapter as well as 14 13 other Code chapters providing for security interests and 14 14 liens. 14 15 With limited exceptions, new Article 9 governs the 14 16 creation, priority, and enforcement of creditor's consensual 14 17 liens, which are defined as security interests in personal 14 18 property and fixtures. Revised Article 9, like its 14 19 predecessor, provides generally for the effectiveness of 14 20 security agreements and the rights and duties of creditors 14 21 (i.e., secured parties), including parties having possession 14 22 and control of collateral. Much of revised Article 9 provides 14 23 for perfecting a security interest, usually accomplished by 14 24 filing a financing statement. The article provides for the 14 25 contents of financing statements and the location where such 14 26 financing statements must be filed (e.g., with the secretary 14 27 of state). In perfecting a security interest, a debtor is 14 28 generally assured rights in the collateral superior to a 14 29 security interest perfected later in time. Prior to the 14 30 revision of Article 9, liens created in statutes outside Code 14 31 chapter 554 were not affected by the provisions of Code 14 32 chapter 554. These liens include types of agricultural liens 14 33 such as those created for landlords (Code chapter 570), 14 34 agricultural supply dealers (Code chapter 570A), threshers and 14 35 cornshellers (Code chapter 571), custom cattle feedlots (Code 15 1 chapter 579A), contract producers of commodities (Code chapter 15 2 579B), and veterinarians (Code chapter 581). These Code 15 3 chapters provide that persons filing these liens enjoy super 15 4 priority. Revised Article 9 provides filing requirements for 15 5 perfecting agricultural liens, and therefore may control 15 6 issues relating to priority of conflicting security interests 15 7 and liens. 15 8 The bill amends these Code chapters by eliminating 15 9 requirements for filing that are inconsistent with the 15 10 requirements contained in revised Article 9. The bill 15 11 expressly states that the liens are agricultural liens, 15 12 replaces references to lien statements with financing 15 13 statements, and maintains their priority status over other 15 14 security interests and liens to the extent that these liens 15 15 also have been perfected as agricultural liens under revised 15 16 Article 9. 15 17 LSB 6333SC 79 15 18 da/sh/8
Text: SSB03175 Text: SSB03177 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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