Text: SF00378 Text: SF00380 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 379 1 2 1 3 AN ACT 1 4 RELATING TO CERTAIN AGRICULTURAL LIENS. 1 5 1 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 7 1 8 DIVISION I 1 9 AGRICULTURAL SUPPLY DEALERS LIEN 1 10 Section 1. Section 570A.1, Code 2003, is amended by adding 1 11 the following new subsections: 1 12 NEW SUBSECTION. 2A. "Agricultural supply" means an 1 13 agricultural chemical, seed, feed, or a petroleum product that 1 14 is used for an agricultural purpose. 1 15 NEW SUBSECTION. 3A. "Agricultural supply dealer lien" or 1 16 "lien" means the agricultural supply dealer lien created in 1 17 section 570A.3. 1 18 Sec. 2. Section 570A.1, subsections 3, 4, 11, and 12, Code 1 19 2003, are amended to read as follows: 1 20 3. "Agricultural supply dealer" or "dealer" means a person 1 21 engaged in the retail sale of agricultural chemicals, seed, 1 22 feed, or petroleum products used for an agricultural purpose. 1 23 4. "Certified request" means a request delivered by 1 24 certified mail or registeredorcertified mail,or a request1 25deliveredin person if in writing and signed and dated by the 1 26 respective parties, or in the manner provided by the Iowa 1 27 rules of civil procedure for the personal service of original 1 28 notice. 1 29 11. "Livestock" meanscattle, sheep, swine,an animal 1 30 belonging to the bovine, caprine, equine, ovine, or porcine 1 31 species, ostriches, rheas, emus, poultry, orother animals or1 32fowlfish or shellfish. 1 33 12. "Petroleum product" means a motor fuel or special fuel 1 34 which is used in the production of cropsandor livestock, 1 35 including but not limited to motor fuel as defined in section 2 1 452A.2. 2 2 Sec. 3. Section 570A.2, subsection 1, Code 2003, is 2 3 amended to read as follows: 2 4 1. Upon the receipt of a certified request of an 2 5 agricultural supply dealer, prior to or upon a sale on a 2 6 credit basis ofagricultural chemicals, seed, feed, or2 7petroleum productsan agricultural supply to a farmer, a 2 8 financial institution which has either a security interest in 2 9 collateral owned by the farmer or an outstanding loan to the 2 10 farmer for an agricultural purpose shall issue within four 2 11 business days a memorandum which states whether or not the 2 12 farmer has a sufficient net worth or line of credit to assure 2 13 payment of the purchase price on the terms of the sale. The 2 14 certified request submitted by the agricultural supply dealer 2 15 shall state the amount of the purchase and the terms of sale 2 16 and shall be accompanied by a waiver of confidentiality signed 2 17 by the farmer, and a fifteen dollar fee. The waiver of 2 18 confidentiality and the certified request may be combined and 2 19 submitted as one document. If the financial institution 2 20 states in its memorandum that the farmer has a sufficient net 2 21 worth or line of credit to assure payment of the purchase 2 22 price, the memorandum is an irrevocable and unconditional 2 23 letter of credit to the benefit of the agricultural supply 2 24 dealer for a period of thirty days following the date on which 2 25 the final payment is due for the amount of the purchase price 2 26 which remains unpaid. If the financial institution does not 2 27 state in its memorandum that the farmer has a sufficient net 2 28 worth or line of credit to assure payment of the purchase 2 29 price, the financial institution shall transmit the relevant 2 30 financial history which it holds on the person. This 2 31 financial history shall remain confidential between the 2 32 financial institution, the agricultural supply dealer, and the 2 33 farmer. 2 34 Sec. 4. Section 570A.3, Code 2003, is amended to read as 2 35 follows: 3 1 570A.3 LIEN CREATED. 3 21.An agricultural supply dealerfurnishingwho provides 3 3 an agriculturalchemical, seed, or a petroleum productsupply 3 4 to a farmerhas a lienshall have an agricultural lien as 3 5 provided in section 554.9102. The agricultural supply dealer 3 6 is a secured party and the farmer is a debtor for purposes of 3 7 chapter 554, article 9. The amount of the lien shall be the 3 8 amount owed to the agricultural supply dealer for the retail 3 9 cost of the agriculturalchemical, seed, or petroleum product3 10 supply, including laborfurnishedprovided. The lienattaches3 11 applies to allcropsof the following: 3 12 1. Crops which are produced upon the land to which the 3 13 agricultural chemical was applied,orproduced from the seed 3 14furnishedprovided, or produced using the petroleum product 3 15furnished, for a period of sixteen months following the date3 16of perfection of the lien pursuant to section 570A.4.3 17However, the lien does not attach to that portion of the crops3 18of a farmer who has paid all amounts due from the farmer for3 19the retail cost, including labor, ofprovided. The lien shall 3 20 not apply to any crops so produced upon the land after four 3 21 hundred ninety days from the date that the farmer purchased 3 22 the agriculturalchemical, seed, or petroleum product provided3 23 supply. 3 24 2.An agricultural supply dealer furnishing feed to a3 25farmer has a lien for the unpaid amount of the retail cost of3 26the feed, including labor. The lien attaches to all livestock3 27 Livestock consuming the feed. However, the lien does not 3 28attachapply to that portion of the livestock of a farmer who 3 29 has paid all amounts due from the farmer for the retail cost, 3 30 including labor, of the feed. 3 31 Sec. 5. Section 570A.4, Code 2003, is amended by striking 3 32 the section and inserting in lieu thereof the following: 3 33 570A.4 PERFECTING THE LIEN – FILING REQUIREMENTS. 3 34 Except as provided in this section, a financing statement 3 35 filed to perfect an agricultural supply dealer lien shall be 4 1 governed by chapter 554, article 9, part 5, in the same manner 4 2 as any other financing statement. 4 3 1. The lien becomes effective at the time that the farmer 4 4 purchases the agricultural supply. 4 5 2. In order to perfect the lien, the agricultural supply 4 6 dealer must file a financing statement in the office of the 4 7 secretary of state as provided in section 554.9308 within 4 8 thirty-one days after the date that the farmer purchases the 4 9 agricultural supply. The financing statement shall meet the 4 10 requirements of section 554.9502, subsection 1, and include 4 11 all applicable information described in section 554.9516. 4 12 Filing a financing statement as provided in this subsection 4 13 satisfies all requirements for perfection of an agricultural 4 14 lien as provided in chapter 554, article 9. 4 15 Sec. 6. Section 570A.5, Code 2003, is amended to read as 4 16 follows: 4 17 570A.5 PRIORITY OF LIEN. 4 181. AExcept as provided in this section, an agricultural 4 19 supply dealer's lien that is effective or perfectedunder this4 20chapter is superior to a lien or security interest which4 21attaches subsequent to the time the lien statement is filed4 22with the secretary of state, except liens which arise under4 23this chapter or under chapters 570 and 571as provided in 4 24 section 570A.4 shall be subject to the rules of priority as 4 25 provided in section 554.9322. For an agricultural supply 4 26 dealer's lien that is perfected under section 570A.4, all of 4 27 the following shall apply: 4 282.1.AThe lien shall have priority over a lienperfected4 29under this chapter is equal to a lienor security interest 4 30which is of record or which is perfected prior to the time the4 31lien statement is filed with the secretary of state except as4 32provided in section 570A.2, subsection 3that applies 4 33 subsequent to the time that the agricultural supply dealer's 4 34 lien is perfected. 4 353.2.AExcept as provided in section 570A.2, subsection 5 1 3, the lienperfected under this chapter for the purposes of5 2feed will continue to be perfected in the livestock and takes5 3 shall have equal priority to a lien or security interest which 5 4 is perfected prior to the time that the agricultural supply 5 5 dealer's lien is perfected. However, a landlord's lien that 5 6 is perfected pursuant to section 570.1 shall have priority 5 7 over a conflicting agricultural supply dealer's lien as 5 8 provided in section 570.1, and a harvester's lien that is 5 9 perfected pursuant to section 571.3 shall have priority over a 5 10 conflicting agricultural supply dealer's lien as provided in 5 11 section 571.3A. 5 12 3. A lien in livestock feed shall have priority over an 5 13 earlier perfected lien or security interest to the extent of 5 14 the difference between the acquisition price of the livestock 5 15 and the fair market value of the livestock at the time the 5 16 lien attaches or the sale price of the livestock, whichever is 5 17 greater. 5 18 Sec. 7. Section 570A.6, Code 2003, is amended by striking 5 19 the section and inserting in lieu thereof the following: 5 20 570A.6 ENFORCEMENT OF LIEN. 5 21 An agricultural supply dealer may enforce an agricultural 5 22 supply dealer's lien in the manner provided for agricultural 5 23 liens pursuant to chapter 554, article 9, part 6. 5 24 Sec. 8. Sections 570A.7 through 570A.11, Code 2003, are 5 25 repealed. 5 26 DIVISION II 5 27 HARVESTER'S LIEN 5 28 Sec. 9. NEW SECTION. 571.1A DEFINITIONS. 5 29 As used in this chapter, unless the context otherwise 5 30 requires: 5 31 1. "Crop" includes but is not limited to corn, soybeans, 5 32 hay, straw, and crops produced on trees, vines, or bushes. 5 33 2. "Harvester" means a person who performs harvesting 5 34 services. 5 35 3. "Harvesting services" means baling, chopping, 6 1 combining, cutting, husking, picking, shelling, stacking, 6 2 threshing, or winnowing a crop, regardless of the means or 6 3 method employed. 6 4 4. "Harvester's lien" or "lien" means the harvester's lien 6 5 created in section 571.1B. 6 6 Sec. 10. NEW SECTION. 571.1B LIEN CREATED. 6 7 A harvester shall have an agricultural lien as provided in 6 8 section 554.9102 for the reasonable value of harvesting 6 9 services. The harvester is a secured party and the person for 6 10 whom the harvester renders such harvesting services is a 6 11 debtor for purposes of chapter 554, article 9. The lien 6 12 applies to crops harvested by the harvester. 6 13 Sec. 11. Section 571.3, Code 2003, is amended by striking 6 14 the section and inserting in lieu thereof the following: 6 15 571.3 PERFECTING THE LIEN – FILING REQUIREMENTS. 6 16 Except as provided in this section, a financing statement 6 17 filed to perfect a harvester's lien shall be governed by 6 18 chapter 554, article 9, part 5, in the same manner as any 6 19 other financing statement. 6 20 1. The lien becomes effective at the time that the 6 21 harvesting services provided under section 571.1B are 6 22 rendered. 6 23 2. In order to perfect the lien, the harvester must file a 6 24 financing statement in the office of the secretary of state as 6 25 provided in section 554.9308 within ten days after the last 6 26 date that the harvesting services were rendered. The 6 27 financing statement shall meet the requirements of section 6 28 554.9502, subsection 1, and include all applicable information 6 29 described in section 554.9516. Filing a financing statement 6 30 as provided in this subsection satisfies all requirements for 6 31 perfection of an agricultural lien as provided in chapter 554, 6 32 article 9. 6 33 Sec. 12. NEW SECTION. 571.3A PRIORITY OF LIEN. 6 34 Except as provided in this section, section 554.9322 shall 6 35 govern the priority of a harvester's lien that is effective or 7 1 perfected as provided in section 571.3. 7 2 1. A harvester's lien that is effective but not perfected 7 3 under section 571.3 shall have priority as provided in section 7 4 554.9322. 7 5 2. A harvester's lien that is perfected under section 7 6 571.3 shall have priority over a conflicting security interest 7 7 in harvested crops regardless of when such security interest 7 8 is perfected. A perfected harvester's lien shall have 7 9 priority over a conflicting landlord's lien as provided in 7 10 chapter 570, regardless of when such landlord's lien is 7 11 perfected. 7 12 Sec. 13. Section 571.5, Code 2003, is amended to read as 7 13 follows: 7 14 571.5 ENFORCEMENT OF LIEN. 7 15 A harvester may enforce a harvester's lienas provided in7 16this chapter may be enforcedin the manner provided for 7 17 agricultural liens pursuant to the uniform commercial code, 7 18 chapter 554, article 9, part 6. 7 19 Sec. 14. Sections 571.1, 571.2, 571.4, and 571.6, Code 7 20 2003, are repealed. 7 21 DIVISION III 7 22 VETERINARIAN'S LIEN 7 23 Sec. 15. NEW SECTION. 581.1A DEFINITIONS. 7 24 As used in this chapter, unless the context otherwise 7 25 requires: 7 26 1. "Livestock" means an animal belonging to the bovine, 7 27 caprine, equine, ovine, or porcine species, ostriches, rheas, 7 28 emus, poultry, or fish or shellfish. 7 29 2. "Veterinarian" means a person who practices veterinary 7 30 medicine under a valid license or temporary permit as provided 7 31 in chapter 169. 7 32 3. "Veterinarian's lien" or "lien" means a veterinarian's 7 33 lien created under section 581.2A. 7 34 Sec. 16. Section 581.2, Code 2003, is amended by striking 7 35 the section and inserting in lieu thereof the following: 8 1 581.2 PRIORITY. 8 2 Except as provided in this section, section 554.9322 shall 8 3 govern the priority of a veterinarian's lien that is effective 8 4 or perfected as provided in section 581.3. 8 5 1. A veterinarian's lien that is effective but not 8 6 perfected under section 581.3 shall have priority as provided 8 7 in section 554.9322. 8 8 2. A veterinarian's lien that is perfected under section 8 9 581.3 shall have priority over any conflicting security 8 10 interest or lien in livestock treated by a veterinarian, 8 11 regardless of when such security interest or lien is 8 12 perfected. 8 13 Sec. 17. NEW SECTION. 581.2A LIEN CREATED. 8 14 A veterinarian shall have an agricultural lien as provided 8 15 in section 554.9102 for the actual and reasonable value of 8 16 treating livestock, including the cost of any product used and 8 17 the actual and reasonable value of any professional service 8 18 rendered by the veterinarian. The veterinarian is a secured 8 19 party and the owner of the livestock is a debtor for purposes 8 20 of chapter 554, article 9. The lien applies to the livestock 8 21 treated by the veterinarian. 8 22 Sec. 18. Section 581.3, Code 2003, is amended by striking 8 23 the section and inserting in lieu thereof the following: 8 24 581.3 PERFECTING THE LIEN – FILING REQUIREMENTS. 8 25 Except as provided in this section, a financing statement 8 26 filed to perfect a veterinarian's lien shall be governed by 8 27 chapter 554, article 9, part 5, in the same manner as any 8 28 other financing statement. 8 29 1. The lien becomes effective at the time that the 8 30 veterinarian treats the livestock. 8 31 2. In order to perfect the lien, the veterinarian must 8 32 file a financing statement in the office of the secretary of 8 33 state as provided in section 554.9308 within sixty days after 8 34 the day that the veterinarian treats the livestock. The 8 35 financing statement shall meet the requirements of section 9 1 554.9502, subsection 1, and include all applicable information 9 2 described in section 554.9516. Filing a financing statement 9 3 as provided in this subsection satisfies all requirements for 9 4 perfection of an agricultural lien as provided in chapter 554, 9 5 article 9. 9 6 Sec. 19. Section 581.4, Code 2003, is amended to read as 9 7 follows: 9 8 581.4 ENFORCEMENT. 9 9The lienholderA veterinarian may enforcethea 9 10 veterinarian's lienby a suit in equityin the manner provided 9 11 for agricultural liens pursuant to the uniform commercial 9 12 code, chapter 554, article 9, part 6. 9 13 Sec. 20. Section 602.8102, subsection 82, Code 2003, is 9 14 amended to read as follows: 9 15 82. Carry out duties relating to liens as provided in 9 16 chapters 249A,570, 571,572, 574, 580,581,582, and 584. 9 17 Sec. 21. Section 581.1, Code 2003, is repealed. 9 18 9 19 9 20 9 21 MARY E. KRAMER 9 22 President of the Senate 9 23 9 24 9 25 9 26 CHRISTOPHER C. RANTS 9 27 Speaker of the House 9 28 9 29 I hereby certify that this bill originated in the Senate and 9 30 is known as Senate File 379, Eightieth General Assembly. 9 31 9 32 9 33 9 34 MICHAEL E. MARSHALL 9 35 Secretary of the Senate 10 1 Approved , 2003 10 2 10 3 10 4 10 5 THOMAS J. VILSACK 10 6 Governor
Text: SF00378 Text: SF00380 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 19 02:30:01 CDT 2003
URL: /DOCS/GA/80GA/Legislation/SF/00300/SF00379/030421.html
jhf