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S1387................................................by JUDICIARY AND RULES LIENS - Amends existing law to provide that when an owner of land has authorized construction, alterations or improvements on his land, every person performing labor upon, or furnishing materials to be used in the construction, alteration or repair, or any person who provides professional services has a lien upon the property for the work or labor done or professional services or materials furnished for the construction, alterations or improvements regardless of the person's contractual relationship to the owner. 02/07 Senate intro - 1st rdg - to printing 02/08 Rpt prt - to Jud 02/26 Rpt out - to 14th Ord
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1387 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO LIENS; AMENDING SECTION 45-501, IDAHO CODE, TO PROVIDE THAT WHEN 3 AN OWNER OF LAND HAS AUTHORIZED CONSTRUCTION, ALTERATIONS OR IMPROVEMENTS 4 ON HIS LAND, EVERY PERSON PERFORMING LABOR UPON, OR FURNISHING MATERIALS 5 TO BE USED IN THE CONSTRUCTION, ALTERATION OR REPAIR OF SUCH STRUCTURE OR 6 ANY PERSON WHO PROVIDES PROFESSIONAL SERVICES HAS A LIEN UPON THE PROP- 7 ERTY FOR THE WORK OR LABOR DONE OR PROFESSIONAL SERVICES OR MATERIALS FUR- 8 NISHED FOR THE CONSTRUCTION, ALTERATIONS OR IMPROVEMENTS REGARDLESS OF THE 9 PERSON'S CONTRACTUAL RELATIONSHIP TO THE OWNER; AND DECLARING AN EMER- 10 GENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 45-501, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 45-501. RIGHT TO LIEN. When an owner of land has authorized construction, 15 alterations or improvements on his land, eEvery person performing labor upon, 16 or furnishing materials to be used in the construction, alteration or repair 17 of any mining claim, building, wharf, bridge, ditch, dike, flume, tunnel, 18 fence, machinery, railroad, wagon road, aqueduct to create hydraulic power, or 19 any other structure, or who grades, fills in, levels, surfaces or otherwise 20 improves any land, or who performs labor in any mine or mining claim, and 21 every professional engineer or licensed surveyor under contract who prepares 22 or furnishes designs, plans, plats, maps, specifications, drawings, surveys, 23 estimates of cost, on-site observation or supervision, or who renders any 24 other professional service whatsoever for which he is legally authorized to 25 perform in connection with any land or building development or improvement, or 26 to establish boundaries, has a lien upon the same for the work or labor done 27 or professional services or materials furnished, whether done or furnished at28the instance of the owner of the building or other improvement or his agent;29and every contractor, subcontractor, architect, builder or any person having30charge of any mining claim, or of the construction, alteration or repair,31either in whole or in part, of any building or other improvement, as afore-32said, shall be held to be the agent of the owner for the purpose of this chap-33ter: provided, that the lessee or lessees of any mining claim shall not be34considered as the agent or agents of the owner under the provisions of this35chapterfor such construction, alterations or improvements regardless of his 36 contractual relationship to the owner. 37 For purposes of this chapter the term "furnishing material" shall also 38 include, notwithstanding any other provision of law to the contrary, supply- 39 ing, renting or leasing equipment, materials or fixtures as defined in section 40 28-12-309, Idaho Code. 41 "Furnishing material" shall also include renting, leasing or otherwise 42 supplying any equipment, materials, fixtures or machinery to any mine or min- 43 ing claim. 2 1 SECTION 2. An emergency existing therefor, which emergency is hereby 2 declared to exist, this act shall be in full force and effect on and after its 3 passage and approval.
STATEMENT OF PURPOSE RS 11843 The purpose of this bill is to restore historical materialmen lien rights insured by Idaho’s constitution. The Idaho Supreme Court on January 17, 2002, in L&W Supply Corporation vs. The Chartrand Family Trust substantially diluted materialmen lien rights. FISCAL IMPACT No fiscal impact. Contact Name: Bart M. Davis Phone: 208/332-1307 STATEMENT OF PURPOSE/FISCAL NOTE S 1387