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Idaho Senate passes bill removing expedited trial requirement for mechanics' liens
Summary
The Idaho Senate on Jan. 31 passed Senate Bill 1005, which deletes a statutory provision that required expedited trials in some mechanics' lien bond disputes; proponents said the change preserves court calendars and encourages use of bonds to keep construction projects moving.
BOISE, Idaho — The Idaho Senate voted to pass Senate Bill 1005 on Jan. 31, removing a provision that required courts to give priority trial scheduling to certain mechanics' lien claims when a bond was posted.
Senators approved the bill on a roll call that the presiding officer announced as 32 in favor with three absent; the bill will be transmitted to the House for consideration.
Supporters, led in debate by Senator Leahy, said the provision created an unfair and disruptive preference for one category of claim and could upend court calendars. "This legislation comes from work with our construction industry. It removes an overly aggressive and problematic section of code requiring a court to completely readjust its calendar and move other individuals and parties and their cases back to accommodate one type of claim," Leahy said on the Senate floor. He described the change as protecting the orderly handling of other litigants’ cases and preserving due process for contested claims.
Leahy told colleagues that the bond mechanism — whereby a general contractor or property owner may post a bond in the amount of a disputed claim so work can continue while the dispute is resolved — is beneficial for both sides. "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," he said. He argued the expedited 30‑day trial timeline attached to the bond context was often insufficient for meaningful discovery and could chill the use of bonds.
Senator Tyler Lakey, who presided during the third reading and had earlier served as Judiciary and Rules Committee chair, closed debate and the Senate immediately proceeded to a roll call vote. The presiding officer announced the vote as more than a majority in the affirmative and directed transmittal to the House.
No amendments or recorded no votes were announced during the third-reading proceedings on the floor. The text of the bill was described by the chair as originating from the commerce and human resources committee and listed on the Senate agenda as an act relating to liens and mechanics and material men.
The legislation's supporters said courts had provided feedback to sponsors in drafting the bill, and senators were urged to support the change to avoid an inequitable calendar preference that could disadvantage other litigants.
The Senate did not record any formal requests for reconsideration on the floor before adjournment. The bill will next be considered by the House of Representatives.
