General Assembly: 77 (1998 Regular GA) - Chapter 1142 - Mechanic’s liens


Published: 1998

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CH.1142 LAWS OF THE SEVENIT-SEVENTH GA, 1998 SESSION

CHAPTER 1142 MECHANIC'S LIENS

H.F.2400

314

AN ACT providing a procedure for the preservation of a mechanic's lien for materials or labor furnished to a subcontractor and providing for related matters.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 572.1, subsection 2, Code 1997, is amended to read as follows: 2. "Material" shall~ in addition to its ordinary meaning~ embraee and include machinery,

tools, fixtures, trees, evergreens, vines, plants, shrubs, tubers, bulbs, hedges, bushes, sod, soil, dirt, mUlch, peat, fertilizer, fence wire, fence material, fence posts, tile, and the use of forms, accessories, and equipment.

Sec. 2. Section 572.2, Code 1997, is amended to read as follows: 572.2 PERSONS ENTITLED TO LIEN . .L Every person who shall furnish any material or labor for, or perform any labor upon,

any building or land for improvement, alteration, or repair thereof, including those engaged in the construction or repair of any work of internal or external improvement, and those engaged in grading, sodding, installing nursery stock, landscaping, sidewalk building, fenc- ing on any land or lot, by virtue of any contract with the owner, the owner's agent, trustee, contractor, or subcontractor shall have a lien upon such building or improvement, and land belonging to the owner on which the same is situated or upon the land or lot so graded, landscaped, fenced, or otherwise improved, altered, or repaired, to secure payment for the material or labor furnished or labor performed. ~ If material is rented by a person to the owner, the owner's agent. trustee, contractor, or

subcontractor, the person shall have a lien upon such building, improvement. or land to secure payment for the material rental. The lien is for the reasonable rental value during the period of actual use of the material and any reasonable periods of nonuse of the material taken into account in the rental agreement. The delivery of material to such building, improvement. or land, whether or not delivery is made by the person, creates a presumption that the material was used in the course of alteration, construction, or repair of the building, improvement. or land. However, this presumption shall not pertain to recoveries sought under a surety bond.

Sec. 3. Section 572.14, subsection 2, Code 1997, is amended to read as follows: 2. In the case of an owner-occupied dwelling, a mechanic's lien perfected under this

chapter is enforceable only to the extent of the balanee due from the O'i'lner to the prineipal eontraetor at the time written notice, in the form amount due the principal contractor by the owner-occupant under the contract. less any payments made by the owner-occupant to the principal contractor prior to the owner-occupant being served with the notice specified in subsection 3, is seIVed on the owner. This notice may be served by delivering it to the owner or the owner's spouse personally, or by mailing it to the owner by certified mail with re- stricted delivery and return receipt to the person mailing the notice, or by personal service as provided in the rules of civil procedure.

Sec. 4. Section 572.33, Code 1997, is amended to read as follows: 572.33 REQUIREMENT OF NOTIFICATION. Notwithstanding any pro'rision to the eontrary, a claim by other provisions of this chap-

ter, and in addition to all other requirements of this chapter, a person furnishing eB-ly labor or materials to a subcontractor who is furnishing only materials shall not be entitled to a lien under this chapter unless the person furnishing labor or materials had notified does all of the following:

315 LAWS OF THE SEVENTY-SEVENTH G.A., 1998 SESSION CH. 1143

a. Notifies the owner and the principal contractor within thirty days of the furnishing of the labor or materials and the lien claim is supported by for which a lien claim is made. including the amount, kind. and value of the labor or materials furnished.

b. Supports the lien claim with a certified statement that the principal contractor haEl been was notified within thirty days after the labor or materials were furnished of the amount, kind, and value of the labor or materials furnished. This FequiFement is in addition to all otheF FequiFements of this chapteF.

Approved April 22 , 1998

CHAPTER 1143 COUNTY ISSUANCE OF MOTOR VEHICLE LICENSES

H.F.2424

AN ACT providing for the expansion of the system of issuance of motor vehicle licenses by county treasurers.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 321M.1 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Cluster" means a group of four to six contiguous counties serving a population area

comparable to an area served by a department itinerant team, that is subject to an agreement among the participating counties that is executed pursuant to chapter 28E.

2. "Commercial driver's license" means a motor vehicle license valid for the operation of a commercial motor vehicle, as regulated by chapter 321.

3. "County issuance" means the system or process of issuing motor vehicle licenses, nonoperator identification cards, and persons with disabilities identification devices, in- cluding all related testing, to the same extent that such items are issued by the department.

4. "Department" means the state department of transportation. 5. "Digitized photolicensing equipment" means the machines and related materials, ob-

tained pursuant to contract, the use of which results in the on-site production of motor vehicle licenses and nonoperator identification cards.

6. "Digitized photo licensing equipment contract period" means the period of time that the contract for the digitized photo licensing equipment is in effect, including any contract ex- tensions elected by the department under the terms of the contract.

7. "Initial opt-in period" means the first opportunity for a county to indicate its interest in being authorized to participate in county issuance.

8. "Issuing county" means a county that is participating in county issuance. 9. "Itinerant team" means a traveling team of department personnel assigned to license

issuance activities in a specified geographic area. 10. "Motor vehicle" means a vehicle which is self-propelled, including but not limited to

automobiles, cars, motor trucks, semitrailers, motorcycles, and similar vehicles regulated under chapter 321.

11. "Motor vehicle license" means any license or permit issued to a person to operate a motor vehicle on the highways of this state, including but not limited to a driver's, commer- cial driver's, temporary restricted, or temporary license and an instruction, chauffeur's in- struction, commercial driver's instruction, temporary restricted, or temporary permit.