MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Agriculture

By: Representative Eads

AN ACT TO AMEND SECTION 85-7-1, MISSISSIPPI CODE OF 1972, TO PROVIDE A LIEN FOR AGRICULTURAL AVIATORS FOR SERVICES RENDERED; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 85-7-1, Mississippi Code of 1972, is amended as follows:

85-7-1. (1) Every employer shall have a lien on the share or interest of his employee in any crop made under such employment, for all advances of money, and for the fair market value of other things advanced by him, or anyone at his request, for supplies for himself, his family and business during the existence of such employment, which lien the employer may offset, recoup, or otherwise assert and maintain.

(2) Every employee, laborer, cropper, part owner, overseer or manager, contractor for agricultural aviation services, or other person who may aid by his labor to make, gather, or prepare for sale or market any crop, shall have a lien on the interest of the person who contracts with him for such labor for his wages, share or interest in such crop, whatever may be the kind of wages or the nature of the interest, which lien such employee, laborer, cropper, part owner, overseer or manager, or other person may offset, recoup or otherwise assert and maintain.

(3) Except as provided in subsection (4) of this section, any lien arising under the provisions of this section shall be paramount to all liens and encumbrances or rights of any kind created by or against the person so contracting for such assistance, except the lien of the lessor of the land on which the crop is made, for rent and supplies furnished, as provided in the chapter on "Landlord and Tenant," appearing as Chapter 7 of Title 89, Mississippi Code of 1972.

(4) Any lien arising under the provisions of subsection (2) of this section in favor of any person other than an employee, laborer, cropper, part owner, overseer or manager as to crops or the proceeds thereof shall be effective against a third party only for a period of twenty-one (21) days from and after the time the labor is completed, unless within such period of time notice of the lien is filed in the same manner as notices of security interests in crops growing or to be grown are filed in accordance with the provisions of Section 75-9-401, being a part of the Uniform Commercial Code. Any such lien in favor of any person other than an employee, laborer, cropper, overseer or manager for which notice has not been filed within the twenty-one-day period as herein provided shall, upon a subsequent filing of the notice of such lien, have the priority as against a third party to which a perfected security interest may be entitled under Chapter 9 of Title 75, Mississippi Code of 1972.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.