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Senate passes bill removing expedited 30‑day trial requirement for certain mechanics' liens
Summary
On Jan. 31 the Idaho Senate passed Senate Bill 1005, which removes a statutory provision that required a court to prioritize and hold trial within 30 days for a subset of mechanics' (materialmen's) lien claims when a bond was posted.
BOISE — The Idaho Senate on Jan. 31 passed Senate Bill 1005 on final reading by voice and roll call, approving a change that removes a statutory provision allowing claimants in some materialmen's‑lien disputes to demand a trial within 30 days and force the court to reschedule other matters.
Senator Leahy, who opened debate on SB1005, said the bill responds to concerns from the construction industry and from court administrators that the 30‑day trial demand imposed an “overly aggressive and problematic section of code requiring a court to completely readjust its calendar.” He said the change preserves the security function of a bond while avoiding a rule that could displace other cases.
Supporters told the Senate the 30‑day requirement often forced courts to rejigger calendars and could be inequitable to other litigants. Leahy said the ability for a property owner or general contractor to post a bond still allows a project to move forward while payment disputes are resolved, and that removing the expedited‑trial demand would reduce pressure on court dockets. “If it's a viable claim, then it gets the opportunity to have an additional assurance of payment through that bond. And if it's not, they can work through that, but the project can still move forward,” Leahy said.
Leahy also said feedback from courts was supportive of the change, arguing that 30 days is often too short for meaningful discovery and that the provision could chill use of bonding as a practical remedy. Senator Lakey closed debate; no amendments were offered on the floor.
The Senate recorded a favorable vote on SB1005. The clerk announced a tally showing 32 senators voting in favor with three absent; the bill was approved and its title ordered corrected for transmittal to the House.
SB1005 deletes the expedited‑trial preference for certain lien claims as described on the Senate floor; the transcript did not specify the exact Idaho Code section number being amended. The measure will be transmitted to the House for its consideration.
