2002 Legislation
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SENATE BILL NO. 1387 – Land owner, constrctn/authrz liens

SENATE BILL NO. 1387

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View Bill Text

View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN 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 at
 28    the instance of the owner of the building or other improvement or  his  agent;
 29    and  every  contractor, subcontractor, architect, builder or any person having
 30    charge of any mining claim, or of  the  construction,  alteration  or  repair,
 31    either  in  whole  or in part, of any building or other improvement, as afore-
 32    said, shall be held to be the agent of the owner for the purpose of this chap-
 33    ter: provided, that the lessee or lessees of any mining  claim  shall  not  be
 34    considered  as  the  agent or agents of the owner under the provisions of this
 35    chapter for 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 / Fiscal Impact


	                 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