Agricultural processors who operate machinery to process crops can now establish a legal claim on those crops by filing a financing statement with the South Dakota Secretary of State within 60 days of completing the work. The filing must include details like the processor's name, the crop owner's name, the amount owed, and where the crops are located, and the processor must give a copy of the filing to the crop owner. This updates how processors protect their right to payment by aligning the process with state commercial law requirements.
The amendment extends the deadline to file agricultural processor liens from thirty to sixty days after crop processing is completed, and changes the filing method from county registers of deeds to electronic filing with the secretary of state, which STRENGTHENS protections for agricultural processors by giving them more time to perfect liens while modernizing the filing system.
The amendment changes how agricultural processors perfect (establish) their liens by replacing a local filing system with county registers of deeds with statewide electronic filing through the secretary of state, and extends the filing deadline from thirty to sixty days while also requiring processors to notify buyers if the product is sold before the lien is perfected. This STRENGTHENS the processor's lien protections by giving them more time to file and creating a more centralized, standardized notice system.
Signed by the Governor H.J. 496
Delivered to the Governor H.J. 438
Signed by the President S.J. 388
Signed by the Speaker H.J. 417
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 340
Agriculture and Natural Resources Certified uncontested, placed on consent S.J. 19
Agriculture and Natural Resources Do Pass Passed, YEAS 6, NAYS 0. S.J. 19
Agriculture and Natural Resources Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Agriculture and Natural Resources S.J. 221
House of Representatives Do Pass Amended Passed, YEAS 59, NAYS 5. H.J. 249
House of Representatives Remove from Consent Calendar H.J. 238
Agriculture and Natural Resources Certified uncontested, placed on consent H.J. 13
Agriculture and Natural Resources Do Pass Amended Passed, YEAS 13, NAYS 0. H.J. 13
Agriculture and Natural Resources Motion to amend H.J. 13
Agriculture and Natural Resources Scheduled for hearing H.J. 1
First read in House and referred to House Agriculture and Natural Resources H.J. 112
Prime sponsor · Rep.
R
Prime sponsor · Sen.
R
Do Pass Amended
Agriculture and Natural Resources — Do Pass
Do Pass Amended
Agriculture and Natural Resources — Do Pass Amended