HF 561 (LSB 1900HV (2) 89)

HOUSE FILE 561

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 173)

(COMPANION TO SF 341 BY COMMITTEE ON JUDICIARY)

A BILL FOR

An Act relating to the perfection of mechanics’ liens and mechanics’ liens remedies and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 572.8, subsection 3, Code 2021, is amended to read as follows:
   3.  A lien perfected under this section shall be limited to the county or counties in which the building, land, or improvement to be charged with the lien is situated. The county or counties identified on the mechanics’ notice and lien registry internet site at the time of posting the required notices pursuant to sections 572.13A and 572.13B shall be the only county or counties in which the building, land, or improvement may be charged with a mechanic’s lien.
    Sec. 2.  Section 572.32, subsection 1, Code 2021, is amended to read as follows:
   1.  In a court action to enforce a mechanic’s lien, or an action brought upon any bond given in lieu thereof, a prevailing plaintiff may be awarded reasonable attorney fees.
    Sec. 3.  EFFECTIVE DATE.  This Act takes effect January 1, 2022.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill specifies that a perfected mechanic’s lien shall be limited to the county or counties in which the building, land, or improvement to be charged with the lien is situated. The bill also provides that, in addition to an action to enforce a mechanic’s lien, attorney fees may be awarded to a prevailing plaintiff in an action brought upon any bond given in lieu of a mechanic’s lien.
   The bill takes effect January 1, 2022.