House
Study
Bill
215
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
concerning
mechanic’s
liens
and
the
mechanics’
notice
1
and
lien
registry.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2505YC
(5)
85
rh/nh
H.F.
_____
Section
1.
Section
572.8,
subsection
1,
paragraph
e,
Code
1
2013,
is
amended
to
read
as
follows:
2
e.
The
tax
parcel
identification
number
required
by
law
to
3
be
assigned
to
the
property
for
real
estate
tax
administration
4
purposes
.
5
Sec.
2.
Section
572.13A,
subsection
1,
unnumbered
paragraph
6
1,
Code
2013,
is
amended
to
read
as
follows:
7
A
general
contractor
,
or
owner-builder
who
has
contracted
or
8
will
contract
with
a
subcontractor
to
provide
labor
or
furnish
9
material
for
the
property
,
shall
post
a
notice
of
commencement
10
of
work
to
the
mechanics’
notice
and
lien
registry
internet
11
website
within
no
later
than
ten
days
of
after
commencement
12
of
work
on
the
property.
A
notice
of
commencement
of
work
is
13
effective
only
as
to
any
labor,
service,
equipment,
or
material
14
furnished
to
the
property
subsequent
to
the
posting
of
the
15
notice
of
commencement
of
work.
A
notice
of
commencement
of
16
work
shall
include
all
of
the
following
information:
17
Sec.
3.
Section
572.13A,
subsection
1,
paragraph
f,
Code
18
2013,
is
amended
to
read
as
follows:
19
f.
The
tax
parcel
identification
number
required
by
law
to
20
be
assigned
to
the
property
for
real
estate
tax
administration
21
purposes
.
22
Sec.
4.
Section
572.13B,
subsection
1,
paragraph
i,
Code
23
2013,
is
amended
to
read
as
follows:
24
i.
The
tax
parcel
identification
number
required
by
law
to
25
be
assigned
to
the
property
for
real
estate
tax
administration
26
purposes
.
27
Sec.
5.
Section
572.22,
subsection
6,
Code
2013,
is
amended
28
to
read
as
follows:
29
6.
The
tax
parcel
identification
number
of
the
property
to
30
be
charged
required
by
law
to
be
assigned
to
the
property
for
31
real
estate
tax
administration
purposes
.
32
Sec.
6.
Section
572.23,
Code
2013,
is
amended
to
read
as
33
follows:
34
572.23
Acknowledgment
of
satisfaction
of
claim.
35
-1-
LSB
2505YC
(5)
85
rh/nh
1/
5
H.F.
_____
1.
When
a
mechanic’s
lien
is
satisfied
by
payment
of
the
1
claim,
the
claimant
shall
acknowledge
post
to
the
mechanics’
2
notice
and
lien
registry
an
acknowledgment
of
satisfaction
3
thereof
of
claim
and,
if
the
claimant
neglects
to
do
so
for
4
thirty
days
after
demand
in
writing
is
personally
served
upon
5
the
claimant,
the
claimant
shall
forfeit
and
pay
twenty-five
6
dollars
to
the
owner,
general
contractor,
or
owner-builder
and
7
be
liable
to
any
person
injured
to
the
extent
of
the
injury.
8
2.
If
satisfaction
is
not
acknowledged
an
acknowledgment
of
9
satisfaction
of
claim
is
not
posted
to
the
mechanics’
notice
10
and
lien
registry
within
thirty
days
after
service
of
the
11
demand
in
writing,
the
party
serving
the
demand
or
causing
the
12
demand
to
be
served
may
file
for
record
with
the
administrator
13
post
to
the
mechanics’
notice
and
lien
registry
a
copy
of
14
the
demand
with
proofs
of
service
attached
and
endorsed
and,
15
in
case
of
service
by
publication,
a
personal
affidavit
that
16
personal
service
could
not
be
made
within
this
state.
Upon
17
completion
of
the
requirements
of
this
subsection
,
the
record
18
posting
shall
be
constructive
notice
to
all
parties
of
the
19
due
forfeiture
and
cancellation
of
the
lien.
Upon
the
filing
20
posting
of
the
demand
with
the
required
attachments,
the
21
administrator
shall
mail
a
date-stamped
copy
of
the
demand
to
22
both
parties.
23
Sec.
7.
NEW
SECTION
.
572.23A
Partial
satisfaction
of
money
24
debt
after
posting
notice.
25
1.
A
general
contractor
or
subcontractor
shall
post
an
26
acknowledgment
of
partial
satisfaction
of
a
money
debt
to
the
27
mechanics’
notice
and
lien
registry
for
material,
labor,
and
28
equipment
furnished
by
the
general
contractor
or
subcontractor.
29
2.
If
an
acknowledgment
of
partial
satisfaction
pursuant
30
to
subsection
1
is
not
posted
to
the
mechanic’s
notice
and
31
lien
registry
within
thirty
days
after
receipt
of
written
32
demand
from
the
owner,
general
contractor,
or
owner-builder,
33
the
owner,
general
contractor,
or
owner-builder
may
post
an
34
acknowledgment
of
partial
satisfaction
of
the
money
debt
and
a
35
-2-
LSB
2505YC
(5)
85
rh/nh
2/
5
H.F.
_____
copy
of
the
written
demand
to
the
mechanics’
notice
and
lien
1
registry.
2
3.
This
section
applies
in
situations
where
the
required
3
notices
pursuant
to
sections
572.13A
and
572.13B
have
been
4
posted
to
the
mechanics’
notice
and
lien
registry
but
a
5
mechanic’s
lien
has
not
been
posted.
6
Sec.
8.
Section
572.34,
subsections
3,
7,
8,
and
9,
Code
7
2013,
are
amended
to
read
as
follows:
8
3.
a.
The
administrator
shall
index
the
legal
descriptions
9
of
the
properties
for
which
notices
and
liens
are
posted
to
10
the
registry.
For
the
purpose
of
performing
a
search
of
the
11
registry
the
legal
description
shall
be
the
controlling
index
12
category.
13
b.
The
registry
shall
be
indexed
by
owner
name,
general
14
contractor
name,
mechanics’
notice
and
lien
registry
number,
15
property
address,
legal
description,
tax
parcel
identification
16
number
required
by
law
to
be
assigned
to
the
property
for
real
17
estate
tax
administration
purposes
,
and
any
other
identifier
18
considered
appropriate
as
determined
by
the
administrator
19
pursuant
to
rule.
20
7.
Notices
may
shall
be
posted
to
the
mechanics’
notice
and
21
lien
registry
electronically
on
the
administrator’s
internet
22
website
,
or
may
be
sent
to
the
administrator
for
posting
23
by
United
States
mail
or
facsimile
transmission,
or
other
24
alternate
method
as
provided
by
the
administrator
pursuant
to
25
rule.
Notices
received
by
United
States
mail
or
facsimile
26
transmission
shall
be
posted
by
the
administrator
to
the
27
mechanics’
notice
and
lien
registry
within
three
business
days
28
of
receipt
.
29
8.
Mechanics’
liens
may
shall
be
posted
to
the
mechanics’
30
notice
and
lien
registry
electronically
on
the
administrator’s
31
internet
website
or
may
be
sent
to
the
administrator
for
32
posting
by
United
States
mail.
Liens
received
by
United
States
33
mail
shall
be
posted
by
the
administrator
to
the
mechanics’
34
notice
and
lien
registry
within
three
business
days
of
receipt
.
35
-3-
LSB
2505YC
(5)
85
rh/nh
3/
5
H.F.
_____
9.
The
administrator
shall
send
a
receipt
acknowledging
a
1
notice
or
lien
submitted
by
United
States
mail
or
facsimile
2
transmission,
as
provided
by
the
administrator
by
rule.
The
3
posting
of
a
notice
or
a
lien
to
the
mechanics’
notice
and
lien
4
registry
internet
website
pursuant
to
this
chapter,
along
with
5
the
tender
of
the
requisite
filing
fees
and
the
sending
of
an
6
acknowledgment
receipt
by
the
administrator,
is
equivalent
to
a
7
filing
and
recording
of
the
appropriate
notice
or
lien
in
the
8
county
in
which
the
real
estate
is
located.
9
EXPLANATION
10
This
bill
concerns
mechanic’s
liens
and
the
mechanics’
11
notice
and
lien
registry.
12
The
bill
amends
provisions
relating
to
certain
property
13
information
required
for
precommencement
and
preliminary
14
notices.
15
The
bill
provides
that
when
a
mechanic’s
lien
is
satisfied
16
by
payment
of
the
claim,
the
claimant
must
acknowledge
17
satisfaction
by
posting
an
acknowledgment
of
the
satisfaction
18
to
the
registry.
If
such
an
acknowledgment
is
not
posted
to
19
the
registry
within
30
days
after
service
of
the
demand
in
20
writing,
the
party
serving
the
demand
may
post
a
copy
of
the
21
demand
to
the
registry.
22
The
bill
provides
that
a
general
contractor
or
subcontractor
23
shall
post
an
acknowledgment
of
partial
satisfaction
of
a
money
24
debt
to
the
mechanics’
notice
and
lien
registry
for
material,
25
labor,
and
equipment
furnished
by
the
general
contractor
or
26
subcontractor.
If
an
acknowledgment
of
partial
satisfaction
27
is
not
posted
to
the
registry
within
30
days
after
receipt
28
of
written
demand
from
the
owner,
general
contractor,
or
29
owner-builder,
the
owner,
general
contractor,
or
owner-builder
30
may
post
an
acknowledgment
of
partial
satisfaction
of
the
money
31
debt
and
a
copy
of
the
written
demand
to
the
mechanics’
notice
32
and
lien
registry.
This
provision
applies
in
situations
where
33
the
required
notices
pursuant
to
Code
sections
572.13A
and
34
572.13B
have
been
posted
to
the
mechanics’
notice
and
lien
35
-4-
LSB
2505YC
(5)
85
rh/nh
4/
5
H.F.
_____
registry
but
a
mechanic’s
lien
has
not
been
posted.
1
The
bill
requires
the
administrator
to
index
the
legal
2
descriptions
of
the
properties
for
which
notices
and
liens
are
3
posted
to
the
registry.
4
The
bill
provides
that
precommencement
and
preliminary
5
notices
and
mechanic’s
liens
shall
be
posted
to
the
mechanics’
6
notice
and
lien
registry
electronically
on
the
administrator’s
7
internet
website.
8
The
bill
provides
that
the
posting
of
a
notice
or
a
lien
9
to
the
mechanics’
notice
and
lien
registry
internet
website
10
along
with
the
requisite
filing
fees
and
the
sending
of
an
11
acknowledgment
receipt
by
the
administrator
is
equivalent
to
a
12
filing
and
recording
of
the
appropriate
notice
or
lien
in
the
13
county
in
which
the
real
estate
is
located.
14
-5-
LSB
2505YC
(5)
85
rh/nh
5/
5