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