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S1175.......................................by COMMERCE AND HUMAN RESOURCES MATERIALMEN - LABORERS - Adds to existing law to provide for the creation of a registry of materialmen and laborers providing goods and services to residential real property; and to provide for the issuance of two-party checks for payment for improvements to residential real property. 02/12 Senate intro - 1st rdg - to printing 02/15 Rpt prt - to Com/HuRes
S1175|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1175 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO MECHANICS' AND MATERIALMEN'S LIENS; AMENDING CHAPTER 5, TITLE 45, 3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 45-525, IDAHO CODE, TO PRO- 4 VIDE FOR THE CREATION OF A REGISTRY OF MATERIALMEN AND LABORERS PROVIDING 5 GOODS AND SERVICES TO RESIDENTIAL REAL PROPERTY AND TO PROVIDE FOR THE 6 ISSUANCE OF TWO-PARTY CHECKS FOR PAYMENT FOR IMPROVEMENTS TO RESIDENTIAL 7 REAL PROPERTY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 5, Title 45, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 45-525, Idaho Code, and to read as follows: 12 45-525. RESIDENTIAL REAL PROPERTY -- REGISTRY. (1) This statute only 13 applies to residential real property occupied or intended to be occupied as a 14 principal or secondary residence. 15 (2) Every applicant for a building permit in the state of Idaho shall set 16 forth in the application for such building permit, the name, address, and 17 telephone number of each contractor, subcontractor, supplier, materialman and 18 independent laborer who is or shall be providing labor or materials for the 19 improvement of residential real property pursuant to such building permit. 20 (3) There shall be established in the building department of each govern- 21 mental entity responsible for the issuance of building permits in the state of 22 Idaho a public registry setting forth the name, address and telephone number 23 of each contractor, subcontractor, supplier, materialman and independent 24 laborer along with the street address or legal description sufficient for 25 identification of the real property being improved and which relates to each 26 building permit. The registry shall at all times be made available for inspec- 27 tion by the general public for the purpose of ascertaining those parties who 28 may have lien rights with respect to such residential real property as pro- 29 vided in this chapter and shall be indexed to all building permits issued with 30 respect to such residential real property. 31 (4) Any contractor, subcontractor, supplier, materialman or independent 32 laborer providing goods and services to the residential real property shall 33 have the right within ten (10) days of the commencement of providing such 34 goods and services to such residential real property to have the foregoing 35 building department add their name to the list of such contractors, subcon- 36 tractors, suppliers, materialmen and independent laborers providing goods and 37 services to each such residential real property. 38 (5) Any contractor, subcontractor, supplier, materialman or independent 39 laborer whose name is not on the registry of such building department shall 40 have no right to a claim of lien under this chapter. 41 (6) Every closing agent, escrow agent, lender or other party who is 42 responsible for the payment of any sum to a general contractor or owner on 43 account of the improvement of residential real property shall, at the time of 2 1 disbursement of any sum relating thereto, issue two-party drafts or checks 2 made payable to the general contractor and those subcontractors, suppliers, 3 materialmen and independent laborers whose names appear in the foregoing 4 building department registry which shall provide for full payment for all 5 goods and services provided to the residential real property due and owing as 6 of the date of such payment. In lieu of issuing the foregoing two-party drafts 7 or checks, the closing agent, escrow agent, lender or other party who is 8 responsible for the payment of any sum shall obtain written waivers of lien 9 from all subcontractors, suppliers, materialmen and independent laborers who 10 have provided goods and services to the residential real property for whom the 11 disbursements are being made certifying to the waiver of the lien rights for 12 such goods and services provided to the date of payment.
STATEMENT OF PURPOSE
RS09052
To provide for the creation of a registry of materialmen and
laborers providing goods and services to residential real
property and to provide for the issuance of two-party checks for
payment for improvement to residential real property.
FISCAL NOTE
There is no fiscal impact.
CONTACT: Sen. Andreason 332-l000
STATEMENT OF PURPOSE/ FISCAL NOTE S1175