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H0476......................................................by STATE AFFAIRS
LIENS - Amends existing law relating to nonconsensual common law liens to
clarify the remedy for removing an invalid claim of lien filed against a
federal, state or local official or employee; and to revise penalties
applicable to filing an invalid claim of lien.
01/26 House intro - 1st rdg - to printing
01/27 Rpt prt - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 64-0-6
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell,
Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart,
Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Bedke, Black, LeFavour, Mitchell, Sali, Mr.
Speaker
Floor Sponsor - Ring
Title apvd - to Senate
02/16 Senate intro - 1st rdg - to St Aff
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - McKenzie
Title apvd - to House
03/03 To enrol
03/06 Rpt enrol - Sp signed
03/07 Pres signed
03/08 To Governor
03/11 Governor signed
Session Law Chapter 32
Effective: 03/11/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 476
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO NONCONSENSUAL COMMON LAW LIENS; AMENDING SECTION 45-1704, IDAHO
3 CODE, TO CLARIFY THE REMEDY FOR REMOVING AN INVALID CLAIM OF LIEN FILED
4 AGAINST A FEDERAL, STATE OR LOCAL OFFICIAL OR EMPLOYEE; AMENDING SECTION
5 45-1705, IDAHO CODE, TO REVISE PENALTIES APPLICABLE TO FILING AN INVALID
6 CLAIM OF LIEN; AND DECLARING AN EMERGENCY.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 45-1704, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 45-1704. LIENS AGAINST PUBLIC OFFICERS AND EMPLOYEES. (1) Any claim of
11 lien against a federal, state, or local official or employee based on the per-
12 formance or nonperformance of that official's or employee's duties shall be
13 invalid unless accompanied by a specific order from a court of competent
14 jurisdiction authorizing the filing of such lien or unless a specific statute
15 authorizes the filing of such lien.
16 (2) A federal, state, or local official or employee whose property is
17 affected by a claim of lien that is based on the performance or nonperformance
18 of that official's or employee's duties may petition the district court pursu-
19 ant to section 45-1703, Idaho Code, for an order striking and releasing the
20 claim of lien. In such case, the claim of lien shall be treated as if it were
21 a nonconsensual common law lien.
22 SECTION 2. That Section 45-1705, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 45-1705. PENALTIES. (1) Any person who offers to have recorded or filed
25 in the office of the county clerk and recorder, or with the secretary of
26 state, any document purporting to create a nonconsensual common law lien
27 against real or personal property, knowing or having reason to know that such
28 document is forged or groundless, contains a material misstatement or false
29 claim, or is otherwise invalid, shall be liable to the owner of such real or
30 personal property for the sum of not less than five thousand dollars ($5,000)
31 or for actual damages caused thereby, whichever is greater, together with rea-
32 sonable attorney's fees.
33 (2) Any grantee or other person purportedly benefited by a recorded docu-
34 ment which creates a nonconsensual common law lien against real or personal
35 property and is forged or groundless, contains a material misstatement or
36 false claim, or is otherwise invalid, who willfully refuses to release such
37 document or record upon request of the owner of the real or personal property
38 affected shall be liable to such owner for the damages and attorney's fees
39 provided in subsection (1) of this section.
40 (3) Any person who offers to have recorded or filed in the office of the
41 county clerk and recorder, or with the secretary of state, any document,
2
1 including a financing statement, purporting to create a claim of lien against
2 any real or personal property of a federal, state or local official or
3 employee, knowing or having reason to know that such document is forged or
4 groundless, contains a material misstatement or false claim, or is otherwise
5 invalid, shall be liable to the owner of such property for the damages and
6 attorney's fees provided in subsection (1) of this section.
7 SECTION 3. An emergency existing therefor, which emergency is hereby
8 declared to exist, this act shall be in full force and effect on and after its
9 passage and approval.
STATEMENT OF PURPOSE
RS 15531C1
This legislation is proposed by the Attorney General as a
technical correction to Title 45, Chapter 17, Idaho Code. The
legislation clarifies the remedy available to federal, state, and
local employees whose property is encumbered by frivolous liens.
This legislation also expands the penalty provision to allow
the imposition of the penalty to frivolous lien documents filed
with the Secretary of State and to frivolous lien documents that
purport to create a lien against personal property.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: William A. von Tagen, Office of the Attorney General
Phone: (208) 334-4140
Name: Tim Hurst, Office of the Secretary of State
Phone: (208) 332-2812
STATEMENT OF PURPOSE/FISCAL NOTE H 476