House File 2261

                                       HOUSE FILE       
                                       BY  CONNORS


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the enforcement of an artisan's lien.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 5398HH 80
  4 rh/sh/8

PAG LIN

  1  1    Section 1.  Section 577.1, subsection 1, Code 2003, is
  1  2 amended to read as follows:
  1  3    1.  a.  Any person who renders any service or furnishes any
  1  4 material in the making, repairing, improving, or enhancing the
  1  5 value of any inanimate personal property, with the assent of
  1  6 the owner, express or implied, shall have a lien thereon for
  1  7 the agreed or reasonable compensation for the service and
  1  8 material while such.
  1  9    b.  If the property that is the subject of the lien is
  1 10 lawfully in the person's possession, which possession the
  1 11 person may retain the property until such compensation is
  1 12 paid, but such.  If such property is not in the person's
  1 13 possession, the person may repossess the property and the lien
  1 14 may be enforced in the manner provided in section 554.7308 for
  1 15 a carrier's lien.
  1 16    c.  A lien under this section shall be subject to all prior
  1 17 liens of record, unless notice is given to all lienholders of
  1 18 record and written consent is obtained from all lienholders of
  1 19 record to the making, repairing, improving, or enhancing the
  1 20 value of any inanimate personal property and in this event the
  1 21 lien created under this section shall be prior to liens of
  1 22 record.
  1 23                           EXPLANATION
  1 24    This bill relates to the enforcement of an artisan's lien.
  1 25    The bill provides that a person who has performed any
  1 26 service or furnishes any material in the making, repairing,
  1 27 improving, or enhancing the value of any inanimate personal
  1 28 property, with the owner's knowledge, shall have a lien upon
  1 29 such property and may repossess such property in cases where a
  1 30 debt is owed to the person for the agreed or reasonable
  1 31 compensation for the service and material.  The bill further
  1 32 allows such a person to enforce the debt by public or private
  1 33 sale of the property pursuant to the provisions of Code
  1 34 section 554.7308, providing for enforcement of a carrier's
  1 35 lien.
  2  1    Current law provides that a person who is in lawful
  2  2 possession of such property shall have a lien on the property
  2  3 for any debt owed to the person and may retain the property
  2  4 until the debt is paid.
  2  5 LSB 5398HH 80
  2  6 rh/sh/8