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Senate Commerce Committee forwards two construction-related RSs to print after debate on liens and choice-of-law
Summary
The committee voted to send RS 31,943 (materialmen liens) and RS 31,944 (choice-of-law for construction contracts) to print. Sponsor testimony said the lien change would remove a rarely-used provision that elevated lien disputes on court dockets; the choice-of-law change would require projects built in Idaho to be subject to Idaho law and courts.
The Idaho Senate Commerce and Human Resources Committee voted to send two proposed statutory revisions to print: RS 31,943, which modifies mechanics’ and materialmen’s lien law, and RS 31,944, which addresses choice-of-law and jurisdiction for construction contracts.
Senator Todd Lakey (State Senator, District 23) presented RS 31,943 and described the provision targeted for deletion as a rarely used subsection that “says if you file that lien you can then file a demand with the court to say all right I am now the most important case judge on your docket and you have to readjust your docket and put me essentially at the top except for your criminal case load.” Lakey said the subsection caused confusion and “created some challenges with the parties with the courts” and that the RS removes that ability so courts can handle the issue without automatic docket priority.
After questions from committee members about frequency of use, Senator Lakey said the provision is rarely used and offered to provide an example involving the Associated General Contractors to any member who requested it. Senator Guthrie moved that RS 31,943 be sent to print; the motion carried by voice vote.
Senator Lakey also presented RS 31,944, which the sponsor described as a “choice of law” provision aimed at protecting Idaho contractors. Lakey said the RS would give contractors “a backstop to say I'm sorry state law requires that if I'm building a project here in Idaho I'm subject to Idaho law and Idaho jurisdiction.” The committee approved sending RS 31,944 to print on a voice vote.
Why it matters: RS 31,943 would remove statutory language that allowed lien filers to demand expedited priority on court dockets, a procedural tool that sponsors said had caused litigation and scheduling difficulties. RS 31,944 aims to prevent contracts for projects in Idaho from requiring disputes to be litigated under another state’s law and jurisdiction.
Votes at committee: both RS 31,943 and RS 31,944 were approved to be sent to print by voice vote; committee members did not record a roll-call tally.
Next steps: sending to print makes the RS available for committee members and will be processed through legislative drafting and potential bill introduction and further committee consideration.
