1998 Legislation
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SENATE BILL NO. 1410 – Lien, materialmen/mechanics, appl

SENATE BILL NO. 1410

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Daily Data Tracking History



S1410.......................................by COMMERCE AND HUMAN RESOURCES
LIENS - Amends existing law to clarify the right to a mechanics' and
materialmen's lien to apply to a person who is otherwise unsecured in whole
or in part.

02/06    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Com/HuRes
03/04    Rpt out - rec d/p - to 2nd rdg
03/04    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
      Thorne, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Sorensen
    Floor Sponsor - Crow
    Title apvd - to House
03/10    House intro - 1st rdg - to Bus
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Geddes, Gould, Hadley, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Crane, Hansen, Miller
    Floor Sponsor - Meyer
    Title apvd - to Senate
03/19    To enrol
03/20    Rpt enrol - Pres signed
03/23    Sp signed - to Governor
03/24    Governor signed
         Session Law Chapter 269
         Effective: 07/01/98

Bill Text


S1410


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1410

                        BY COMMERCE AND HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO MECHANIC'S AND MATERIALMEN'S LIENS; AMENDING SECTION 45-501, IDAHO
 3        CODE, TO CLARIFY APPLICATION OF THE LIEN TO ONE WHO IS OTHERWISE UNSECURED
 4        IN WHOLE OR IN PART AND TO MAKE A TECHNICAL CORRECTION.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION 1.  That Section 45-501, Idaho Code, be, and the  same  is  hereby
 7    amended to read as follows:

 8        45-501.  RIGHT  TO  LIEN. Every person , otherwise unsecured in whole
 9    or in part,  performing labor upon, or furnishing materials to  be  used
10    in  the  construction,  alteration  or  repair  of any mining claim, building,
11    wharf, bridge, ditch, dike, flume, tunnel, fence, machinery,  railroad,  wagon
12    road,  aqueduct  to  create  hydraulic  power,  or any other structure, or who
13    grades, fills in, levels, surfaces or otherwise improves any land, or who per-
14    forms labor in any mine or mining claim, and every  professional  engineer  or
15    licensed  surveyor  under  contract  who prepares or furnishes designs, plans,
16    plats, maps, specifications, drawings, surveys, estimates of cost,  on  -
17    site  observation  or supervision, or who renders any other professional
18    service whatsoever for which he is legally authorized to perform in connection
19    with any land or building development or improvement, or to  establish  bound-
20    aries,  has  a  lien  upon the same for the work or labor done or professional
21    services or materials furnished, whether done or furnished at the instance  of
22    the  owner  of  the building or other improvement or his agent; and every con-
23    tractor, subcontractor, architect, builder or any person having charge of  any
24    mining claim, or of the construction, alteration or repair, either in whole or
25    in  part, of any building or other improvement, as aforesaid, shall be held to
26    be the agent of the owner for the purpose of this chapter: provided, that  the
27    lessee  or lessees of any mining claim shall not be considered as the agent or
28    agents of the owner under the provisions of this chapter.

Statement of Purpose / Fiscal Impact


                              STATEMENT OF PURPOSE
    
                                    RS 07858
    
    This legislation amends Idaho's current mechanic 's lien law 
    (Idaho Code ยง 45-501) to clarify that the claimant must be 
    "otherwise unsecured". When adopted in 1893, Idaho's mechanic's 
    lien law was intended to protect unsecured laborers and material 
    providers who improved real property and were not paid. It was 
    never intended to be an additional layer of non-consensual 
    security for creditors who are already secured. Due to the lack of 
    legislative clarity, some claimants have been gaining secured 
    positions for their open account debts associated within 
    improvement of real property and then filing a mechanic's lien 
    with the filing period. This practice allows a "discharged debt"to 
    become the subject of a statutorily created nonconsensual 
    mechanic's lien, which was never the intent of the law.
    
                                 FISCAL NOTE
    
    No impact to the general fund or local governments.
    
    
    CONTACT: Senator Gordon Crow, Idaho State Senate
             Phone:(208) 332-1000
             
    
    STATEMENT OF PURPOSE/FISCAL NOTE                    Bill No S1410