House File 2477 - Reprinted HOUSE FILE 2477 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 559) (As Amended and Passed by the House March 3, 2010 ) A BILL FOR An Act relating to mechanics’ liens including the establishment 1 of a state construction registry for residential 2 construction property and providing an effective date. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2477 (6) 83 rh/nh/mb
H.F. 2477 Section 1. Section 572.1, Code 2009, is amended to read as 1 follows: 2 572.1 Definitions and rules of construction. 3 For the purpose of this chapter: 4 1. “Authority” means the Iowa finance authority established 5 in section 16.2. 6 1. 2. “Building” shall be construed as if followed by the 7 words “erection, or other improvement upon land”. 8 3. “General contractor” includes every person who does work 9 or furnishes materials by contract, express or implied, with an 10 owner. “General contractor” does not include a person who does 11 work or furnishes materials on contract with an owner-builder. 12 2. 4. “Labor” means labor completed by the claimant. 13 3. 5. “Material” shall , in addition to its ordinary 14 meaning, include includes machinery, tools, fixtures, trees, 15 evergreens, vines, plants, shrubs, tubers, bulbs, hedges, 16 bushes, sod, soil, dirt, mulch, peat, fertilizer, fence wire, 17 fence material, fence posts, tile, and the use of forms, 18 accessories, and equipment furnished by the claimant. 19 4. 6. “Owner” means the record legal or equitable 20 titleholder and every person for whose use or benefit any 21 building, erection, or other improvement is made, having the 22 capacity to contract, including guardians of record . 23 5. “Owner-occupied dwelling” means the homestead of an 24 owner, as defined in section 561.1 , and without respect to the 25 value limitations in section 561.3 , and actually occupied by 26 the owner or the spouse of the owner, or both. “Owner-occupied 27 dwelling” includes a newly constructed dwelling to be occupied 28 by the owner as a homestead, or a dwelling that is under 29 construction and being built by or for an owner who will occupy 30 the dwelling as a homestead. 31 7. “Owner-builder” means the legal or equitable titleholder 32 of record who furnishes material or performs labor upon a 33 building, erection, or other improvement and who offers or 34 intends to offer to sell the owner-builder’s property without 35 -1- HF 2477 (6) 83 rh/nh/mb 1/ 16
H.F. 2477 occupying or using the structures, properties, developments, 1 or improvements for a period of more than one year from the 2 date the structure, property, development, or improvement is 3 substantially completed or abandoned. 4 8. “Residential construction” means construction on 5 single-family or two-family dwellings occupied or used, or 6 intended to be occupied or used, primarily for residential 7 purposes, and includes real property pursuant to chapter 499B. 8 9. “State construction registry” means a centralized 9 computer database maintained and posted on the internet by 10 the authority that provides a central repository for the 11 submission and management of preliminary notices and notices 12 of commencement of work on all residential construction 13 properties. 14 10. “State construction registry number” means a number 15 provided by the authority for all construction properties 16 posted to the state construction registry. 17 6. 11. “Subcontractor” shall include includes every person 18 furnishing material or performing labor upon any building, 19 erection, or other improvement, except those having contracts 20 directly with the owner. “Subcontractor” shall include those 21 persons having contracts directly with an owner-builder. 22 Sec. 2. Section 572.2, Code 2009, is amended to read as 23 follows: 24 572.2 Persons entitled to lien. 25 1. Every person who shall furnish furnishes any material 26 or labor for, or perform performs any labor upon, any building 27 or land for improvement, alteration, or repair thereof, 28 including those engaged in the construction or repair of any 29 work of internal or external improvement, and those engaged 30 in grading, sodding, installing nursery stock, landscaping, 31 sidewalk building, fencing on any land or lot, by virtue of any 32 contract with the owner, owner-builder, general contractor, 33 or subcontractor shall have a lien upon such building or 34 improvement, and land belonging to the owner on which the same 35 -2- HF 2477 (6) 83 rh/nh/mb 2/ 16
H.F. 2477 is situated or upon the land or lot so graded, landscaped, 1 fenced, or otherwise improved, altered, or repaired, to secure 2 payment for the material or labor furnished or labor performed. 3 2. If material is rented by a person to the owner, 4 general contractor, or subcontractor, the person shall have a 5 lien upon such building, improvement, or land to secure payment 6 for the material rental. The lien is for the reasonable rental 7 value during the period of actual use of the material and any 8 reasonable periods of nonuse of the material taken into account 9 in the rental agreement. The delivery of material to such 10 building, improvement, or land, whether or not delivery is made 11 by the person, creates a presumption that the material was 12 used in the course of alteration, construction, or repair of 13 the building, improvement, or land. However, this presumption 14 shall not pertain to recoveries sought under a surety bond. 15 3. An owner-builder is not entitled to a lien under 16 this chapter as to work the owner-builder performs, or is 17 contractually obligated to perform, prior to transferring title 18 to the buyer. 19 Sec. 3. Section 572.8, subsection 1, Code 2009, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . d. The address of the property or a 22 description of the location of the property. 23 Sec. 4. Section 572.9, Code 2009, is amended to read as 24 follows: 25 572.9 Time of filing. 26 The statement of account required by section 572.8 shall 27 be filed by a principal general contractor or subcontractor 28 within two years and ninety days after the date on which the 29 last of the material was furnished or the last of the labor was 30 performed. 31 Sec. 5. Section 572.10, Code 2009, is amended to read as 32 follows: 33 572.10 Perfecting lien after lapse of ninety days. 34 A general contractor or a subcontractor may perfect a 35 -3- HF 2477 (6) 83 rh/nh/mb 3/ 16
H.F. 2477 mechanic’s lien pursuant to section 572.8 beyond ninety days 1 after the date on which the last of the material was furnished 2 or the last of the labor was performed by filing a claim with 3 the clerk of the district court and giving written notice 4 thereof to the owner. Such notice may be served by any person 5 in the manner original notices are required to be served. 6 If the party to be served is out of the county wherein the 7 property is situated, a return of that fact by the person 8 charged with making such service shall constitute sufficient 9 service from and after the time it was filed with the clerk of 10 the district court. 11 Sec. 6. Section 572.11, Code 2009, is amended to read as 12 follows: 13 572.11 Extent of lien filed after ninety days. 14 Liens perfected under section 572.10 shall be enforced 15 against the property or upon the bond, if given, by the owner 16 or owner-builder , only to the extent of the balance due from 17 the owner to the general contractor or owner-builder at the 18 time of the service of such notice; but if the bond was given by 19 the general contractor or owner-builder , or person contracting 20 with the subcontractor filing the claim for a lien, such bond 21 shall be enforced to the full extent of the amount found due 22 the subcontractor. 23 Sec. 7. Section 572.13, Code 2009, is amended by striking 24 the section and inserting in lieu thereof the following: 25 572.13 General contractor —— owner notice —— residential 26 construction. 27 1. A general contractor who has contracted or will contract 28 with a subcontractor to provide labor or furnish material for 29 the property shall provide the owner with the following owner 30 notice in writing in boldface type of a minimum size of ten 31 points: 32 “Persons or companies furnishing labor or materials for 33 the improvement of real property may enforce a lien upon the 34 improved property if they are not paid for their contributions, 35 -4- HF 2477 (6) 83 rh/nh/mb 4/ 16
H.F. 2477 even if the parties have no direct contractual relationship 1 with the owner. The state construction registry provides 2 a listing of all persons or companies furnishing labor or 3 materials who may file a lien upon the improved property. 4 If the person or company has posted its notice to the state 5 construction registry, you may be required to pay the person or 6 company even if you have paid the general contractor the full 7 amount due. Therefore, check the state construction registry 8 internet website for information about the property including 9 persons or companies furnishing labor or materials before 10 paying your general contractor. In addition, when making 11 payment to your general contractor, it is important to obtain 12 lien waivers from your general contractor and from persons or 13 companies furnishing labor or materials to your property. The 14 information in the state construction registry is posted on the 15 internet website of the Iowa finance authority.” 16 2. The notice described in subsection 1 shall also contain 17 the internet website address and toll-free telephone number of 18 the state construction registry. 19 3. A general contractor who fails to provide notice pursuant 20 to this section is not entitled to a lien and remedy provided 21 by this chapter. 22 4. This section applies only to residential construction 23 properties. 24 Sec. 8. NEW SECTION . 572.13A Notice of commencement of work 25 —— general contractor —— owner-builder. 26 1. A general contractor or owner-builder shall submit 27 a notice of commencement of work to the authority or post 28 a notice of commencement of work to the state construction 29 registry internet website within ten days of commencement of 30 work on the property. A notice of commencement of work is 31 effective only as to any labor, service, equipment, or material 32 furnished to the property subsequent to the posting of the 33 notice of commencement of work. A notice of commencement of 34 work shall include all of the following information: 35 -5- HF 2477 (6) 83 rh/nh/mb 5/ 16
H.F. 2477 a. The name and address of the property owner. 1 b. The name and address of the general contractor or 2 owner-builder. 3 c. The address of the property if the property can be 4 reasonably identified by an address or the name and a general 5 description of the location of the property if the property 6 cannot be reasonably identified by an address. 7 d. A legal description of the property. 8 e. The date work commenced. 9 f. Any other information prescribed by the authority 10 pursuant to rule. 11 2. If a general contractor or owner-builder fails to submit 12 a notice of commencement of work to the authority or fails to 13 post the required notice of commencement of work to the state 14 construction registry internet website pursuant to subsection 15 1, within ten days of commencement of the work on the property, 16 a subcontractor may submit or post the notice in conjunction 17 with the filing of the required preliminary notice pursuant to 18 section 572.13B. 19 3. At the time a notice of commencement of work is posted on 20 the state construction registry internet website, the authority 21 shall send a copy of the owner notice described in section 22 572.13 along with other relevant information to the owner and 23 to the property address, addressed to “owner”, as prescribed by 24 the authority pursuant to rule. 25 4. A general contractor who fails to provide notice pursuant 26 to this section is not entitled to a lien and remedy provided 27 by this chapter. 28 5. This section applies only to residential construction 29 properties. 30 Sec. 9. NEW SECTION . 572.13B Preliminary notice —— 31 subcontractor —— residential construction. 32 1. A subcontractor shall submit a preliminary notice 33 to the authority or post a preliminary notice to the state 34 construction registry internet website. A preliminary notice 35 -6- HF 2477 (6) 83 rh/nh/mb 6/ 16
H.F. 2477 posted prior to the balance paid to the general contractor 1 or owner-builder by the owner is effective as to all labor, 2 service, equipment, and material furnished to the property by 3 the subcontractor. The preliminary notice shall contain all 4 of the following information: 5 a. The name of the owner. 6 b. The state construction registry number. 7 c. The name, address, and telephone number of the 8 subcontractor furnishing the labor, service, equipment, or 9 material. 10 d. The name and address of the person who contracted 11 with the claimant for the furnishing of the labor, service, 12 equipment, or material. 13 e. The name of the general contractor or owner-builder under 14 which the claimant is performing or will perform the work. 15 f. The address of the property or a description of the 16 location of the property. 17 g. Any other information required by the authority pursuant 18 to rule. 19 2. a. A mechanic’s lien perfected under this chapter 20 is enforceable only to the extent of the balance due the 21 general contractor or owner-builder prior to the posting of a 22 preliminary notice specified in subsection 1. 23 b. Except for residential construction property owned 24 by an owner-builder, a mechanic’s lien perfected under this 25 chapter is enforceable only to the extent of the balance due 26 the general contractor at the time the owner actually receives 27 the notice sent pursuant to subsection 3. 28 c. In any action to enforce a mechanic’s lien perfected 29 under this chapter against the owner, the subcontractor bears 30 the burden to prove by a preponderance of the evidence that the 31 owner actually received notice pursuant to subsection 3. 32 3. At the time a preliminary notice is posted to the state 33 construction registry, the authority shall send notification 34 to the owner as prescribed by the authority pursuant to 35 -7- HF 2477 (6) 83 rh/nh/mb 7/ 16
H.F. 2477 rule, including the owner notice described in section 572.13, 1 subsection 1. Notices under this section will not be sent 2 to owner-builders. For purposes of satisfying the notice 3 requirement in subsection 2, concerning actual receipt of such 4 notice, a subcontractor may provide a separate notice directly 5 to the owner. 6 4. A subcontractor who fails to submit or post a preliminary 7 notice pursuant to this section shall not be entitled to a lien 8 and remedy provided under this chapter. 9 5. This section applies only to residential construction 10 properties. 11 Sec. 10. Section 572.14, Code 2009, is amended by striking 12 the section and inserting in lieu thereof the following: 13 572.14 Liability to subcontractor after payment to general 14 contractor or owner-builder. 15 Except as provided in section 572.13B, payment to the 16 general contractor or owner-builder by the owner of any part or 17 all of the contract price of the building or improvement within 18 ninety days after the date on which the last of the materials 19 was furnished or the last of the labor was performed by a 20 subcontractor, does not relieve the owner from liability to the 21 subcontractor for the full value of any material furnished or 22 labor performed upon the building, land, or improvement if the 23 subcontractor files a lien within ninety days after the date 24 on which the last of the materials was furnished or the last of 25 the labor was performed. 26 Sec. 11. Section 572.15, Code 2009, is amended to read as 27 follows: 28 572.15 Discharge of subcontractor’s mechanic’s lien —— bond. 29 A mechanic’s lien may be discharged at any time by the owner, 30 principal contractor, or intermediate subcontractor filing with 31 the clerk of the district court of the county in which the 32 property is located a bond in twice the amount of the sum for 33 which the claim for the lien is filed, with surety or sureties, 34 to be approved by the clerk, conditioned for the payment of any 35 -8- HF 2477 (6) 83 rh/nh/mb 8/ 16
H.F. 2477 sum for which the claimant may obtain judgment upon the claim. 1 Sec. 12. Section 572.16, Code 2009, is amended to read as 2 follows: 3 572.16 Rule of construction. 4 Nothing in this chapter shall be construed to require 5 the owner to pay a greater amount or at an earlier 6 date than is provided in the owner’s contract with the 7 principal general contractor, unless said the owner pays a part 8 or all of the contract price to the original general contractor 9 before the expiration of the ninety days allowed by law for 10 the filing of a mechanic’s lien by a subcontractor; provided 11 that in the case of an owner-occupied dwelling residential 12 construction , nothing in this chapter shall be construed to 13 require the owner to pay a greater amount or at an earlier 14 date than is provided in the owner’s contract with the 15 principal general contractor, unless the owner pays a part or 16 all of the contract price to the principal general contractor 17 after receipt of notice under section 572.14, subsection 2 a 18 preliminary notice has been posted to the state construction 19 registry internet website pursuant to section 572.13B . 20 Sec. 13. Section 572.17, Code 2009, is amended to read as 21 follows: 22 572.17 Priority of mechanics’ liens between mechanics. 23 Mechanics’ liens shall have priority over each other in 24 the order of the filing of the statements or of accounts as 25 herein provided in section 572.8 . 26 Sec. 14. Section 572.18, subsections 1 and 3, Code 2009, are 27 amended to read as follows: 28 1. Mechanics’ liens filed by a principal general contractor 29 or subcontractor within ninety days after the date on which 30 the last of the material was furnished or the last of the 31 claimant’s labor was performed and for which notices were 32 properly submitted or posted to the state construction registry 33 internet website pursuant to sections 572.13A and 572.13B shall 34 be superior to all other liens which may attach to or upon 35 -9- HF 2477 (6) 83 rh/nh/mb 9/ 16
H.F. 2477 a building or improvement and to the land upon which it is 1 situated, except liens of record prior to the time of the 2 original commencement of the claimant’s work or the claimant’s 3 improvements, except as provided in subsection 2. 4 3. The rights of purchasers, encumbrancers, and other 5 persons who acquire interests in good faith, for a valuable 6 consideration, and without notice of a lien perfected 7 pursuant to this chapter, are superior to the claims of all 8 general contractors or subcontractors who have perfected their 9 liens more than ninety days after the date on which the last 10 of the claimant’s material was furnished or the last of the 11 claimant’s labor was performed. 12 Sec. 15. Section 572.22, unnumbered paragraph 1, Code 2009, 13 is amended to read as follows: 14 The clerk of the court shall endorse upon every claim for 15 a mechanic’s lien filed in the clerk’s office the date and 16 hour of filing and make an abstract thereof in the mechanic’s 17 lien book kept for that purpose. Said book shall be properly 18 indexed and index every claim in the office of the clerk of the 19 county where such real estate is situated. Each claim shall 20 contain the following items concerning each claim : 21 Sec. 16. Section 572.23, subsection 1, Code 2009, is amended 22 to read as follows: 23 1. When a mechanic’s lien is satisfied by payment of the 24 claim, the claimant shall acknowledge satisfaction thereof upon 25 the mechanic’s lien book, or otherwise in writing, and, if the 26 claimant neglects to do so for thirty days after demand in 27 writing is personally served upon the claimant, the claimant 28 shall forfeit and pay twenty-five dollars to the owner or 29 general contractor or owner-builder , and be liable to any 30 person injured to the extent of the injury. 31 Sec. 17. Section 572.30, Code 2009, is amended to read as 32 follows: 33 572.30 Action by subcontractor or owner against general 34 contractor or owner-builder . 35 -10- HF 2477 (6) 83 rh/nh/mb 10/ 16
H.F. 2477 Unless otherwise agreed, a principal general contractor 1 or owner-builder who engages a subcontractor to supply 2 labor or materials or both for improvements, alterations or 3 repairs to a specific owner-occupied dwelling residential 4 construction property shall pay the subcontractor in full for 5 all labor and materials supplied within thirty days after the 6 date the principal general contractor or owner-builder receives 7 full payment from the owner. If a principal general contractor 8 or owner-builder fails without due cause to pay a subcontractor 9 as required by this section, the subcontractor, or the 10 owner by subrogation, may commence an action against the 11 general contractor or owner-builder to recover the amount 12 due. Prior to commencing an action to recover the amount 13 due, a subcontractor, or the owner by subrogation, shall give 14 notice of nonpayment of the cost of labor or materials to 15 the principal general contractor or owner-builder paid for 16 the improvement. Notice of nonpayment must be in writing, 17 delivered in a reasonable manner, and in terms that reasonably 18 identify the real estate improved and the nonpayment complained 19 of. In an action to recover the amount due a subcontractor, 20 or the owner by subrogation, under this section, the court 21 in addition to actual damages, shall award a successful 22 plaintiff exemplary damages against the general contractor 23 or owner-builder in an amount not less than one percent 24 and not exceeding fifteen percent of the amount due the 25 subcontractor, or the owner by subrogation, for the labor and 26 materials supplied, unless the principal general contractor or 27 owner-builder does one or both of the following, in which case 28 no exemplary damages shall be awarded: 29 1. Establishes that all proceeds received from the person 30 making the payment have been applied to the cost of labor or 31 material furnished for the improvement. 32 2. Within fifteen days after receiving notice of nonpayment 33 the principal general contractor or owner-builder gives 34 a bond or makes a deposit with the clerk of the district 35 -11- HF 2477 (6) 83 rh/nh/mb 11/ 16
H.F. 2477 court, in an amount not less than the amount necessary 1 to satisfy the nonpayment for which notice has been given 2 under this section, and in a form approved by a judge of the 3 district court, to hold harmless the owner or person having 4 the improvement made from any claim for payment of anyone 5 furnishing labor or material for the improvement, other than 6 the principal general contractor or owner-builder . 7 Sec. 18. Section 572.31, Code 2009, is amended to read as 8 follows: 9 572.31 Co-operative Cooperative and condominium housing. 10 A lien arising under this chapter as a result of the 11 construction of an apartment house or apartment building which 12 is owned on a co-operative cooperative basis under chapter 13 499A, or which is submitted to a horizontal property regime 14 under chapter 499B, is not enforceable, notwithstanding any 15 contrary provision of this chapter, as against the interests 16 of an owner in an owner-occupied dwelling a unit contained in 17 the apartment house or apartment building acquired in good 18 faith and for valuable consideration, unless a lien statement 19 specifically describing the dwelling unit is filed under 20 section 572.8 within the applicable time period specified in 21 section 572.9, but determined from the date on which the last 22 of the material was supplied or the last of the labor was 23 performed in the construction of that dwelling unit. 24 Sec. 19. Section 572.32, subsection 2, Code 2009, is amended 25 to read as follows: 26 2. In a court action to challenge a mechanic’s lien filed on 27 an owner-occupied dwelling a residential construction property , 28 if the person challenging the lien prevails, the court may 29 award reasonable attorney fees and actual damages. If the 30 court determines that the mechanic’s lien was filed in bad 31 faith or the supporting affidavit was materially false, the 32 court shall award the owner reasonable attorney fees plus an 33 amount not less than five hundred dollars or the amount of the 34 lien, whichever is less. 35 -12- HF 2477 (6) 83 rh/nh/mb 12/ 16
H.F. 2477 Sec. 20. Section 572.33, Code 2009, is amended to read as 1 follows: 2 572.33 Requirement of notification for commercial 3 construction . 4 1. The notification requirements in this section apply only 5 to commercial construction. 6 1. 2. A person furnishing labor or materials to a 7 subcontractor shall not be entitled to a lien under this 8 chapter unless the person furnishing labor or materials does 9 all of the following: 10 a. Notifies the principal general contractor or 11 owner-builder in writing with a one-time notice containing 12 the name, mailing address, and telephone number of the 13 person furnishing the labor or materials, and the name of the 14 subcontractor to whom the labor or materials were furnished, 15 within thirty days of first furnishing labor or materials for 16 which a lien claim may be made. Additional labor or materials 17 furnished by the same person to the same subcontractor for 18 use in the same construction project shall be covered by this 19 notice. 20 b. Supports the lien claim with a certified statement that 21 the principal general contractor or owner-builder was notified 22 in writing with a one-time notice containing the name, mailing 23 address, and telephone number of the person furnishing the 24 labor or materials, and the name of the subcontractor to whom 25 the labor or materials were furnished, within thirty days 26 after the labor or materials were first furnished, pursuant to 27 paragraph “a” . 28 2. This section shall not apply to a mechanic’s lien on 29 single-family or two-family dwellings occupied or used or 30 intended to be occupied or used for residential purposes. 31 3. Notwithstanding other provisions of this chapter, a 32 principal general contractor or owner-builder shall not be 33 prohibited from requesting information from a subcontractor 34 or a person furnishing labor or materials to a subcontractor 35 -13- HF 2477 (6) 83 rh/nh/mb 13/ 16
H.F. 2477 regarding payments made or payments to be made to a person 1 furnishing labor or materials to a subcontractor. 2 Sec. 21. NEW SECTION . 572.33A Liability of owner to general 3 contractor —— commercial construction. 4 An owner of a building, land, or improvement upon which 5 a mechanic’s lien of a subcontractor may be filed, is not 6 required to pay the general contractor for compensation for 7 work done or material furnished for the building, land, or 8 improvement until the expiration of ninety days after the 9 completion of the building or improvement unless the general 10 contractor furnishes to the owner one of the following: 11 1. Receipts and waivers of claims for mechanics’ liens, 12 signed by all persons who furnished material or performed labor 13 for the building, land, or improvement. 14 2. A good and sufficient bond to be approved by the owner, 15 conditioned that the owner shall be held harmless from any 16 loss which the owner may sustain by reason of the filing of 17 mechanics’ liens by subcontractors. 18 Sec. 22. NEW SECTION . 572.34 State construction registry 19 —— residential construction. 20 1. A state construction registry is created within the 21 authority. The authority shall adopt rules pursuant to chapter 22 17A for the creation and administration of the registry. 23 2. The state construction registry shall be accessible to 24 the general public through the authority’s internet website. 25 3. The registry shall be indexed by owner name, general 26 contractor name, state construction registry number, property 27 address, legal description, and any other identifier considered 28 appropriate as determined by the authority. 29 4. A general contractor, owner-builder, or subcontractor 30 who posts fictitious, forged, or false information to the 31 state construction registry shall be subject to a penalty as 32 determined by the authority by rule in addition to all other 33 penalties and remedies available under applicable law. 34 5. A person may post a correction statement with respect to 35 -14- HF 2477 (6) 83 rh/nh/mb 14/ 16
H.F. 2477 a record indexed in the state construction registry internet 1 website if the person believes the record is inaccurate or 2 wrongfully posted. 3 6. The authority shall charge and collect fees as 4 established by rule necessary for the administration and 5 maintenance of the registry and the registry’s internet 6 website. The authority shall not charge a filing fee for a 7 preliminary notice required pursuant to this chapter that 8 exceeds the cost of sending such notice by certified mail with 9 restricted delivery and return receipt. 10 7. A state construction registry fund is created within 11 the authority. Moneys collected by the authority pursuant to 12 subsection 6 shall be for the maintenance and administration 13 of the state construction registry. The authority shall 14 administer the registry on a revenue neutral basis and shall 15 adjust fees on an annual basis to prevent the accumulation of 16 surplus funds. Section 8.33 does not apply to any moneys in 17 the fund, and notwithstanding section 12C.7, subsection 2, 18 earnings or interest on moneys deposited in the fund shall be 19 credited to the fund. 20 8. Notices may be posted to the state construction registry 21 electronically on the authority’s internet website, or may 22 be sent to the authority by United States mail, facsimile 23 transmission, or other alternate method as provided by the 24 authority pursuant to rule. 25 9. The authority shall send a receipt acknowledging a notice 26 submitted by United States mail or facsimile transmission, as 27 provided by the authority by rule. 28 10. Information collected by and furnished to the authority 29 in conjunction with the submission and posting of notices 30 pursuant to sections 572.13A and 572.13B shall be used by the 31 authority solely for the purposes of the state construction 32 registry. 33 11. This section applies only to residential construction 34 properties. 35 -15- HF 2477 (6) 83 rh/nh/mb 15/ 16
H.F. 2477 Sec. 23. EFFECTIVE DATE. This Act takes effect July 1, 1 2011. 2 -16- HF 2477 (6) 83 rh/nh/mb 16/ 16