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ID S1297

Bill

Status

Passed

3/21/2024

Primary Sponsor

Commerce and Human Resources Committee

Click for details

Origin

Senate

2024 Regular Session

AI Summary

  • Amends Idaho Code Section 45-521 to clarify that when a court releases a mechanic's lien upon filing of a surety bond and premium receipt, the lien is released entirely and for all purposes with no appeal rights available.

  • Modifies Idaho Code Section 45-522 to specify that lien claimants may recover from a surety bond up to the penal sum, including the amount due, lien preparation costs and attorney's fees, court costs, representation attorney's fees, and 7% annual interest from the date the sum was due.

  • Establishes that lien claimant proceedings receive priority hearing status second only to criminal hearings, with a right to request a "demand for thirty (30) day setting" to be heard within 30 days of filing.

  • Allows only one preferential court setting unless the hearing date is vacated without written consent of the plaintiff's counsel, in which case a new preferential setting must be granted upon filing another demand.

  • Declares an emergency and makes the act effective July 1, 2024.

Legislative Description

Amends existing law to revise provisions regarding the release of certain liens.

LIENS OF MECHANICS AND MATERIALMEN

Last Action

Session Law Chapter 150 Effective: 07/01/2024

3/21/2024

Committee Referrals

Business3/1/2024
Commerce and Human Resources2/12/2024
Judiciary and Rules2/9/2024

Full Bill Text

No bill text available