Senate committee advances bill removing 30‑day trial demand for mechanics’ liens

Senate Commerce and Human Resources advanced Senate Bill 1005 on a voice vote, sending the measure to the full Senate with a recommendation that it “do pass.” The bill would remove a provision that lets a claimant who files a mechanics’ or materialman’s lien require the court to reschedule other cases and hold a trial within 30 days.

Senator Todd Lakey, presenting the bill, told the committee the provision gives an “overly aggressive preference of one type of claimant over others” by forcing courts to vacate existing settings and cram trials into 30 days. “Depending on the case…that 30 days is not really enough for the parties to gather information and evidence,” Lakey said, arguing the requirement could unfairly displace other litigants and makes him “uncomfortable” from a due‑process perspective.

Sean Schupak, testifying on behalf of the Idaho Associated General Contractors, said the organization had thoroughly vetted the legislation and expressed support. No one testified in opposition. After brief discussion, Senator Burtt moved to send SB 1005 to the floor with a do‑pass recommendation; the motion was seconded by Senator Nichols and carried on a voice vote.

Supporters said the bill preserves the existing option for a general contractor or property owner to post a bond to allow a project to proceed while a payment dispute is resolved; the change removes the statutory ability of a lien filer to force an expedited court schedule that displaces other cases. The committee did not receive any court or stakeholder testimony opposing the deletion.

Senate Bill 1005 now goes to the full Senate for consideration.