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 for filing agricultural processor liens from thirty days to sixty days and changes where liens must be filed—shifting from county registers of deeds to electronic filing with the secretary of state—while also clarifying that processors must notify buyers if the processing debt remains unpaid. This substantially STRENGTHENS the bill by giving processors twice as long to perfect their liens and streamlining the filing process, making it more practical for agricultural operations to protect their interests.
The amendment shifts the agricultural processor's lien from a county-based filing system to electronic filing with the secretary of state, and extends the filing deadline from thirty days to sixty days while simplifying the written account requirements into a standardized financing statement format. This STRENGTHENS the lien system by making it easier to file and giving processors more time to perfect their liens.
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