1999 Legislation
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SENATE BILL NO. 1175 – Materialmen/laborers, registry

SENATE BILL NO. 1175

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Daily Data Tracking History



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

Bill Text


S1175


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN 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 / Fiscal Impact


                       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