The bill amends existing laws regarding agricultural processor's liens in South Dakota, specifically updating the requirements for obtaining such liens. It clarifies that any person operating farm machinery to process a crop has a lien on all agricultural products processed, including grain and silage, from the date of operation. The bill also revises the requirements for the written statement that must be provided by the lien holder, detailing the kind and quantity of products processed, the agreed price for the services, the name of the person for whom the work was done, and a description of the land where the crop was grown. The filing process is updated to require electronic submission to the secretary of state, which serves as notice to potential purchasers and encumbrancers.

Additionally, the bill establishes that any lien filed under these provisions will have priority over other liens and encumbrances if filed within ninety days of the completion of processing. This is an extension from the previous thirty-day requirement. The bill is set to take effect on January 1, 2027.

Statutes affected:
Introduced, 01/21/2025: 38-17-14, 38-17-15, 38-17-16