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 filing deadline for agricultural processor liens from thirty to sixty days after crop processing is completed, and changes the filing location from county registers of deeds to the secretary of state, which STRENGTHENS lien protections by giving processors more time to perfect their liens and centralizing filing in a more accessible statewide system. It also clarifies terminology by replacing "bill" with "debt" in the notification requirement.
The amendment modernizes the agricultural processor's lien process by replacing the requirement to file written accounts with county registers of deeds with a streamlined system of filing financing statements electronically with the secretary of state, and extends the filing deadline from thirty to sixty days while clarifying notification requirements when agricultural products are sold or consigned. This change STRENGTHENS the lien holder's position by allowing statewide electronic filing (replacing county-specific filing) and providing a longer window to perfect the lien.
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