2001 REGULAR SESSION (71st)                                                                               A SB88 241

Amendment No. 241

 

Senate Amendment to Senate Bill No. 88                                                                             (BDR 9‑643)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, line 2, by deleting “20,” and inserting “17,”.

     Amend sec. 2, page 1, line 3, by deleting “20,” and inserting “17,”.

     Amend sec. 8, page 2, by deleting line 8 and inserting:

“has a lien for the labor, care and expense”.

     Amend the bill as a whole by renumbering sections 10 and 11 as sections 11 and 12 and adding a new section designated sec. 10, following sec. 9, to read as follows:

     “Sec. 10. 1.  To perfect the lien provided for in section 8 of this act, a producer must, not later than 45 days after the date on which the lien attaches pursuant to section 9 of this act, file a notice of the lien in the office of the secretary of state.

     2.  A notice of lien that is filed pursuant to subsection 1 must be verified by the oath of the producer and must contain:

     (a) The name of the producer;

     (b) The name of the processor;

     (c) A statement of the terms and conditions of the contract between the producer and the processor; and

     (d) The total amount owed to the producer by the processor under the terms of the contract, after deducting any applicable credits or offsets.

     3.  Not later than 24 hours after filing a notice of lien pursuant to this section, a producer shall send a copy of the notice of lien to the processor by certified mail.”.

     Amend sec. 10, page 2, by deleting line 41 and inserting “the processor.”.

     Amend the bill as a whole by deleting sec. 12.

     Amend sec. 13, page 4, line 16, before “processed” by inserting “nonproprietary”.

     Amend sec. 13, page 4, line 18, before “processed” by inserting “nonproprietary”.

     Amend the bill as a whole by deleting sections 14 through 16 and renumbering sections 17 through 20 as sections 14 through 17.

     Amend sec. 18, page 5, line 42, by deleting “producer” and inserting “processor”.

     Amend sec. 19, page 6, line 7, by deleting “conclusive”.

     Amend sec. 20, page 6, line 13, by deleting “20,” and inserting “17,”.

     Amend the bill as a whole by deleting sec. 21.

     Amend the title of the bill to read as follows:

“AN ACT relating to statutory liens; providing for the creation and foreclosure of a lien for farm products; and providing other matters properly relating thereto.”.