2018 House Bill 1115 - Printed

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

417Z0133   HOUSE BILL   NO.  1115  

Introduced by:    Representatives Duvall, Bartling, Brunner, Chase, Gosch, Hawley, Hunhoff, Lake, McCleerey, Mickelson, Peterson (Kent), Qualm, Reed, Rhoden, Schaefer, and Wismer and Senators Ewing, Cammack, Cronin, Frerichs, Heinert, Klumb, Monroe, Otten (Ernie), and Tidemann
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding crop liens.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 38-17 be amended by adding a NEW SECTION to read:
    For the purposes of this chapter, the term, crop seeds, means the seeds of grass, forage, cereal, oil, fiber, and other kinds of crop seed commonly recognized within this state as agricultural seed and combinations of such seeds.
    Section 2. That § 38-17-2 be amended to read:
    38-17-2. In the absence of filing pursuant to § 38-17-1, the provision of any such contract reserving title to the grain or, seed, or crop produced from a crop growing or to be grown upon on any lands in this state in the landlord shall do not apply to or and may not be enforced against an innocent a purchaser of such the grain or, seeds, or crop or against any innocent an encumbrancer perfecting a security interest in such the grain or, seeds, or crop under the provisions of Title title 57A.
    Section 3. That § 38-17-3 be amended to read:
    38-17-3. Any person who provides wheat, oats, barley, rye, corn, flax, sudan, milo, millet, soybeans, sunflowers, or potatoes, crop seeds to be planted upon on any lands owned, used, or rented by another person has a lien upon on the crop produced from the seed, if the person providing the seed files the notice specified described in § 38-17-5. A landlord and tenant may limit the amount of seed to be furnished to a tenant by a provision in a lease if the lease is filed in the office of the register of deeds office before the seed is furnished to the tenant.
    Section 4. That § 38-17-4 be amended to read:
    38-17-4. Corporations Any corporation created by virtue of the laws of any other state or territory may furnish crop seed grain under the provisions of §§ 38-17-3 to 38-17-9, inclusive, without complying with the laws in reference to foreign corporations doing business in this state.
    Section 5. That § 38-17-5 be amended to read:
    38-17-5. Any person entitled to a lien under pursuant to § 38-17-3 shall make an provide a written account in writing, stating the kind, quantity, and value of the seed furnished in bushels, by kind, and the value thereof, the name of the person to whom who furnished the seed, and a description of the land upon on which the same seed has been or is to be planted or sown, and after making oath to the correctness of the account, shall file the same in the office of the register of deeds of the county where in which the crop is to be planted.
    Section 6. That § 38-17-6 be amended to read:
    38-17-6. Where If the person furnishing any crop seed grain under the provisions of pursuant to §§ 38-17-3 to 38-17-9, inclusive, is not a resident of this state, the affidavit required by § 38-17-5 may be made by an the person's attorney or agent of such person residing in this state, and in such case such who is a resident of this state. The affidavit shall set forth the fact of indicate the nonresidence of such the person, and also the fact of the residence of such the attorney or

agent.
    Section 7. That § 38-17-7 be amended to read:
    38-17-7. It shall be the duty of the The office of the register of deeds to shall file and enter the statements required by § 38-17-5 in the manner required by law in the personal property index. The filing of said the statements in conformity to described in §§ 38-17-5 and 38-17-6 operates as a notice of said the lien to all subsequent purchasers and encumbrancers of said the property.
    Section 8. That § 38-17-8 be amended to read:
    38-17-8. Liens Any lien under the provisions of §§ 38-17-3 to 38-17-7, inclusive, if filed within thirty days after the crop seed grain is furnished, shall have has preference in the order of the filing thereof, and shall have. The lien has priority over all other liens and encumbrances upon said crops on the crop, except threshers' liens.
    Section 9. That § 38-17-9 be amended to read:
    38-17-9. Any person who obtains wheat, oats, barley, rye, corn, flax, sudan, milo, millet, soybeans, sunflowers, or potatoes crop seeds subject to a lien under the provisions of §§ 38-17-3 to 38-17-8, inclusive, and who uses the seed or any part of the seed without the written consent of the person who furnished the seed for any other purpose, is guilty of a Class 2 misdemeanor.
    Section 10. That § 38-17-11 be amended to read:
    38-17-11. The said lien of the United States or its agency shall be is perfected by filing, in like manner as similar lien notices or accounts are filed under § 38-17-5, in the office of the register of deeds of the county where such in which the seed is to be planted, a notice in writing, verified by the oath of the officer, agent, or representative of such the government or agency thereof furnishing the seed or making the loan, which. The notice shall show include: the kind, quantity, and value of the seed furnished or the amount of money loaned; the name of the person

to whom the seed was furnished or the money loaned; and a description of the lands upon land which the seed has been or is to be sown or planted.
    Section 11. That § 38-17-12 be amended to read:
    38-17-12. Whoever Any person who misappropriates any of the seed, or money loaned to purchase the same seed, furnished by the United States or any agency thereof, or any crop grown therefrom from the seed, and for which it may have the United States or agency has a lien under the provisions of § 38-17-10, to any purpose except that for which it was furnished or produced, is guilty of a Class 1 misdemeanor.
    Section 12. That § 38-17-13 be amended to read:
    38-17-13. All other statutes of South Dakota applicable to crop seed grain liens, including the duties of register of deeds, priorities, foreclosure, and penal provisions, and acts amendatory thereof, except where if a different intention plainly appears, are hereby made applicable to federal agency seed liens as provided in §§ 38-17-10 and 38-17-11.
    Section 13. That § 38-17-14 be amended to read:
    38-17-14. Every Any person owning and operating a threshing machine, combine, cornsheller, cornhusker, corn shredder, silage cutter, seed huller, baler, mower, grinder, rake, or agricultural pulverizing machine, shall have farm machinery has a lien from the date of threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or pulverizing, upon operation on all grain threshed or combined, corn shelled, husked or shredded, silage cut, seeds hulled, or agricultural products baled, mowed, ground, raked, or pulverized by him the person with such the machine for the value of the services so rendered in doing such threshing, combining, shelling, husking, shredding, cutting, or hulling, baling, mowing, grinding, raking, or pulverizing operation.
    Section 14. That § 38-17-15 be amended to read:


    38-17-15. Any person entitled to a lien under § 38-17-14 shall make an provide a written account in writing stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise processed, the price agreed upon for such work, which shall not be in excess of may not exceed the price usually charged for such the service, the name of the person for whom said the work was done, and a description of the land upon on which said the crop was grown, and after. After making oath to the correctness of the account, the person shall file the same account in the office of the register of deeds in the county in which the land from which said producing the crop was produced is located, and also in the county of the residence of the person who produced said the crop, if he be the person is a resident of South Dakota. It shall be the duty of the this state. The office of the register of deeds to shall file and enter said the account in the manner required by law in the personal property index, and such. The filing shall operate serves as notice to all purchasers and encumbrancers subsequent to the date of said the filing.