HB 1111 — modify the requirements for obtaining an agricultural processor's lien.

26.263.1226.263.13 101st Legislative Session 1111 South Dakota Legislature House Bill 1111 HOUSEENROLLED AGRICULTUREA ANDN NATURALACT RESOURCESENTITLED ENGROSSEDAn IntroducedAct by:to modify the requirements for obtaining an agricultural processor's lien.

RepresentativeB GreenfieldE AnIT ActENACTED toBY modifyTHE theL requirementsEGISLATURE forOF obtainingTHE anS agriculturalTATE processor'sOF lien.S OUTH D AKOTA :

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF S OUTH DAKOTA :

Any person owning or leasing and operating farm machinery to process a crop has a lien from the date of operation on all grain threshed or combined,;combined;

corn shelled, husked or shredded,;shredded;

silage cut,;cut;

seeds hulled,;hulled;

or agricultural products baled, mowed, ground, raked, or pulverized by the person with the machine for the value of the servicesservices. so rendered in operation.

Any person entitled to a lien under § 38-17-14 shall provide a written account stating the kind of grain, and the quantity harvested, threshed, shelled, or otherwise processed, the price agreed upon for such work, which may not exceed the price usually charged for the service, the name of the person for whom the work was done, and a description of the land on which the crop was grown perfect the lien as provided in chapter 57A-9 and in this section.

and Overstrikes(7) indicateThe deleteddate language.on which the service was completed.

26.263.12After 2making 1111oath (7)to Thethe datecorrectness onof whichthe statement, the serviceperson wasshall completed.file the statement electronically with the secretary of state.

After making oath to the correctness of the account, the person shall file the account in the office of the register of deeds in the county in which the land producing the crop is located, and also in the county of the residence of the person who produced the crop, if the person is a resident of this state.

The office of the register of deeds shall file and enter the account in the manner required by law in the personal property index.

The filing serves as notice to all purchasers and encumbrancers subsequent to the date of the filing statement, the person shall file the statement electronically with the secretary of state.

26.263.13 2 1111 To perfect the lien, the financing statement must be filed within sixty days of the date the processing of the crop was finished.

Any lien under § 38-17-14 has priority over all other liens and encumbrances upon the grain,grain if filed within thirty days from the day on which the harvesting, threshing, shelling, or other processing was completed threshed or combined;

or agricultural products baled, Overstrikesmowed, indicateground, deletedraked, language.or pulverized, if filed within sixty days from the day on which the processing of the crop was completed.

26.263.12 3 1111 mowed, ground, raked, or pulverized, if filed within sixty days from the day on which the processing of the crop was completed.

If the lien claimant does not commence an action to enforce the lien within sixty days of filing the financing statement, the lien is terminated, and the person for whom the processing was done may cause the financing statement to be expunged from the record by filing a termination statement, together with a sworn statement that no action to HB1111 ENROLLED 26.263.13 3 1111 enforce the lien has been commenced within sixty days of the filing of the lien claimant's financing statement.

Any person having a lien under the provisions of §§ 38-17-3 to 38-17- 18, inclusive, may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54, subject to the right of any person adversely interested to require foreclosure under the provisions of chapter 21-53 chapter 57A-9.

OverstrikesHB1111 indicateENROLLED deleted26.263.13 language.4 1111 An Act to modify the requirements for obtaining an agricultural processor's lien.

Received at this Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

House as Bill No.

1111 By Chief Clerk of the House for the Governor The attached Act is hereby approved this ________ day of Speaker of the House ______________, A.D., 2026 Attest:

Governor Chief Clerk of the House STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State President of the Senate Filed ____________, 2026 Attest:

at _________ o'clock __M.

Secretary of the Senate Secretary of State House Bill No.

1111 By File No.

____ Asst.

Secretary of State Chapter No.

______ HB1111 ENROLLED