BILL NUMBER: SB 592	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 17, 2011

   An act to amend Section 57405 of the Food and Agricultural Code,
relating to dairy cattle supply liens.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 592, as introduced, Harman. Dairy cattle supply liens.
   Existing law provides that a person who provides feed or materials
to aid the raising or maintaining of dairy cattle has a lien upon
the proceeds of the milk or milk products produced from the dairy
cattle, for the reasonable or agreed charges for the feed or
materials provided and for the costs of enforcing the lien. Existing
law provides that the lien shall be perfected and shall be effective
upon the filing of a notice of claim of lien with the Secretary of
State, as specified. Existing law requires the notice of claim of
lien, among other things, to state the name and address of the lien
debtor. Existing law provides that the notice of claim of lien shall
be signed by the lien claimant or by a person authorized to sign
documents of a similar kind on behalf of the claimant, and also
provides that the notice of claim of lien shall be filed on a
specified form which requires the signature of the lien claimant.
   This bill would provide that the lien would be perfected by the
filing of a notice of claim of lien, as specified. The bill would
require the notice of claim of lien to state the name and address of
the lien debtor as last known to the lien claimant. The bill would
delete the language providing that the notice of claim of lien shall
be signed by the lien claimant or by a person authorized to sign
documents of a similar kind on behalf of the claimant.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 57405 of the Food and Agricultural Code is
amended to read:
   57405.  The lien created by this chapter shall be perfected
 and shall be effective upon   by  the
filing of a notice of claim of lien with the Secretary of State
pursuant to all the provisions of this section.
   (a) The person who provides feed or materials may, at any time,
file in the manner and at the place set forth in this section, the
notice of claim of lien.
   (b) The notice of claim of lien shall, at a minimum, set forth all
of the following information:
   (1) The name and address of the lien claimant.
   (2) The name and address of the lien debtor  , as last known
to the lien claimant  .
   (3) The location of the dairy to which the feed and materials were
provided.
   (4) That the lien claimant has a dairy cattle supply lien pursuant
to Section 57402. 
   (c) The notice of claim of lien shall be signed by the lien
claimant or by a person authorized to sign documents of a similar
kind on behalf of the claimant.  
   (d) 
    (c)  The notice of claim of lien shall be filed on a
form which is the standard form of original financing statement
prescribed by the Secretary of State pursuant to Section 9521 of the
Commercial Code. The standard form shall be completed with the
following changes:
   (1) The lien claimant may be identified either as lien claimant or
as secured party.
   (2) The form shall be signed by the lien claimant and need not be
signed by the debtor.
   (3) In the space for the description of the collateral there shall
instead be entered the statement substantially as set forth in
paragraphs (3) and (4) of subdivision (b). 
   (e) 
    (d)    The notice of claim of lien shall be
filed, indexed, and marked in the office of the Secretary of State in
the same manner as a financing statement is filed, indexed, and
marked pursuant to Section 9519 of the Commercial Code. 
   (f) 
    (e)  The lien claimant shall provide written notice of
the claim of lien to the lien debtor within 10 days of the date of
the filing with the office of the Secretary of State. 
   (g) 
    (f)  For the purpose of the Secretary of State's index
pursuant to Sections 9515, 9516, and 9522 of the Commercial Code and
for the purpose of the issuance of a certificate pursuant to Section
9519 or 9528 of the Commercial Code, the Secretary of State shall
identify a notice pursuant to this section as a financing statement.