Changes to Existing Law

38-17-14. 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 these services. the services so rendered in operation. 8

38-17-15. 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. 57A-9 and in this section. Any financing statement filed to perfect the lien must contain or have attached to it the following information: (1) The name and address of the owner or lessee and operator claiming the lien; (2) The name and address of the person for whom a service specified in § 38-17-14 was performed; (3) The amount due for the service of threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, pulverizing, or other processing; service; (4) The amount of grain, seed, hay, silage, or other agricultural product covered by the lien; (5) The place where the grain, seed, hay, silage, or other agricultural product is located; and (6) The date on which the service was performed. commenced; and (7) The date on which the service was completed. 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. The filing serves as notice of the lien, to all all, including purchasers and encumbrancers encumbrancers, subsequent to the date of the filing. To perfect the lien, the financing statement must be filed within thirty days of the date the threshing or other processing of the crop was finished. At the time the lien financing statement is filed, the lienholder shall provide a copy of the financing statement to the person for whom the work was done. 14

38-17-16. Any lien under § 38-17-14 has priority over all other liens and encumbrances upon the grain threshed or combined, corn shelled, husked or shredded, silage cut, seeds hulled, or agricultural products baled, mowed, ground, raked, or pulverized, grain, if filed within thirty days from the day on which the harvesting, threshing, shelling, or other processing was completed threshed or combined; 31 corn shelled, husked or shredded; silage cut; seeds hulled; or agricultural products baled, 32 mowed, ground, raked, or pulverized, if filed within thirty days from the day on which the processing of the crop was completed. A lien created under §§ 38-17-14 to 38-17-19, 38-17-18, inclusive, must be treated as an agricultural lien lien, as provided in chapter 57A-9 57A-9, and may be enforced in the manner and form provided for the enforcement of secured transactions. transactions, except that the action to enforce the lien must be commenced within thirty days after the filing of the financing statement. If the lien claimant does not commence an action to enforce the lien within thirty 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 enforce the lien has been commenced within thirty days of the filing of the lien claimant's financing statement. The fee for filing, amending, or releasing the lien is as set forth in § 57A-9-525. The provisions of § 54-13-10 do not apply to liens created under §§ 38-17-14 to 38-17-18, inclusive. 16

Foreclosure of crop liens. 38-17-19. Any person having a lien under the provisions of §§ 38-17-3 to 38-17-18, 38-17-18 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. Section 6. The 2025 Session Laws, chapter 166, §§ to 6, inclusive, are superseded as of July 1, 2026. Section 7. Sections to 5, inclusive, of this Act are effective beginning July 1, 2027. 24