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Senate committee clears bill removing special 30-day trial scheduling for mechanics’ liens
Summary
The Senate Commerce Committee voted to send Senate Bill 1,005 to the Senate floor with a “do pass” recommendation after debate on a provision that had allowed lien claimants to force rapid trials.
Senate Bill 1,005, which would remove a statutory provision that allowed parties filing mechanics’ or materialmen’s liens to compel courts to reset calendars and hold a trial within 30 days, was sent to the Idaho Senate floor with a “do pass” recommendation after a voice vote in the Senate Commerce and Human Resources Committee.
The bill’s sponsor, Senator Todd Lakey, State Senator from District 23, told the committee the statute singled out one class of claimant and required courts to vacate already-scheduled proceedings to accommodate expedited lien trials. "That 30 day time period sometimes these cases aren't just simple two-party—they may have multiple layers and multiple people involved and that 30 days is not really enough for the parties to gather information and evidence," Lakey said.
A representative of the Idaho Associated General Contractors testified in support. "This piece of legislation has been thoroughly vetted by our organization," said Sean Shupak of the Idaho Associated General Contractors, adding the change had industry backing.
Lakey said the current code could create a "chilling effect" on property owners or general contractors who might otherwise post a bond to let a project continue while a dispute is adjudicated. He asked senators to remove what he described as an "overly aggressive preference of one type of claimant over others." The bill does not change the ability of a general contractor or property owner to post bond in lieu of halting work.
Senator Burtt moved to send the bill to the floor with a due-pass recommendation; Senator Nichols seconded the motion. The committee voiced its approval, and the measure will go to the full Senate for further consideration.
No criminal-case exception language in the statute was altered by the bill, and the sponsor acknowledged criminal cases remain governed by constitutional rights and separate timelines.
Votes at a glance: Motion to send SB 1,005 to the Senate floor with a due-pass recommendation — voice vote; motion carried.
The committee did not identify a fiscal impact in the hearing record. No amendments to the bill were offered in committee.
For now, the bill proceeds to the full Senate where further debate and a formal roll-call vote may occur.
