25.135.14 100th Legislative Session 1083
2025 South Dakota Legislature
House Bill 1083
ENROLLED
AN ACT
ENTITLED An Act to modify the requirements for obtaining an agricultural
processor's lien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 38-17-14 be AMENDED:
38-17-14. Any person owning and operating farm machinery to process a crop
has a lien from the date of operation on all grain threshed or combined, corn shelled,
husked or shredded, silage cut, seeds hulled, or agricultural products baled, mowed,
ground, raked, or pulverized by the person for the value of these services.
Section 2. That § 38-17-15 be AMENDED:
38-17-15. Any person entitled to a lien under § 38-17-14 shall perfect the lien as
provided in chapter 57A-9. 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 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;
(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. 25.135.14 2 1083
HB1083 ENROLLED
After making oath to the correctness of the statement, the person shall file the
statement electronically with the secretary of state. The filing serves as notice to all
purchasers and 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 was finished. At the time the lien is filed, the
lienholder shall provide a copy to the person for whom the work was done.
Section 3. That a NEW SECTION be added to chapter 38-17:
If the person for whom the processing pursuant to § 38-17-14 was done desires
to sell or deliver the grain, seed, hay, silage, or other agricultural product, the person
must notify the consignee or purchaser that the bill for the threshing, combining, shelling,
husking, shredding, cutting, hulling, baling, mowing, grinding, raking, pulverizing, or other
processing has not been paid, and the lien created under § 38-17-14 applies to the
purchase price paid by the purchaser or consignee.
If the grain or other agricultural product covered by the lien pursuant to § 38-17-
14 is sold or consigned with the consent or knowledge of the person entitled to a lien,
within thirty days after the date of the harvesting or other processing, the lien does not
attach to the grain or other agricultural product covered by the lien pursuant to § 38-17-
14, or to the purchase price, unless the person entitled to the lien notifies the purchaser
in writing of the lien.
Section 4. That § 38-17-16 be AMENDED:
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, if filed within thirty days from the day on which the harvesting, threshing,
shelling, or other processing was completed.
A lien created under this Act must be treated as an agricultural lien as provided in
chapter 57A-9 and may be enforced in the manner and form provided for enforcement of
secured transactions.
The fee for filing, amending, or releasing the lien is as set forth in § 57A-9-525.
Section 5. That § 38-17-19 be AMENDED: 25.135.14 3 1083
HB1083 ENROLLED
38-17-19. 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 57A-9.
Section 6. This Act is effective beginning January 1, 2027. 25.135.14 4 1083
HB1083 ENROLLED
An Act to modify the requirements for obtaining an agricultural processor's lien.
I certify that the attached Act originated in
the:
House as Bill No. 1083
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1083
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State