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

Senate Bill 1005, which removes an expedited‑trial scheduling requirement for mechanics’ and materialmen’s liens, was sent to the Idaho Senate floor with a due‑pass recommendation after a committee hearing and brief testimony.

Senator Todd Lakey, State Senator from District 23, presented the bill and said it removes “an overly aggressive and problematic section of code requiring a court to completely readjust its calendar and move other individual parties’ cases back to accommodate one type of claim.” Lakey told the committee the provision required courts to vacate other settings and hold a trial within 30 days for the lien claimant, a timeline he said can be infeasible when multiple parties and discovery are involved.

The bill’s sponsor and supporters said the existing process already allows a contractor or property owner to post a bond to allow a project to proceed while a payment dispute is litigated; the bill does not remove bond posting as an option. Sean Shupak, representing the Idaho Associated General Contractors, testified in support and told the committee the association had “thoroughly vetted” the bill among its members.

Lakey said the 30‑day trial requirement made him “uncomfortable from a due process standpoint” and that the provision gave “an overly aggressive preference of one type of claimant over others.” He asked the committee for a favorable recommendation.

The committee took a motion and voice vote. Senator Burtt moved and Senator Nichols seconded the motion to send Senate Bill 1005 to the Senate floor with a due‑pass recommendation. The motion carried on voice vote; the committee chair announced, “Motion carries and Senate Bill 1,005 will be sent to the floor of the Senate with a due pass recommendation.”

The hearing record includes no additional amendments or conditions attached to the committee recommendation.