Iowa 2021-2022 Regular Session Status: Enacted

HF 561 — A bill for an act relating to the perfection of mechanics’ liens and mechanics’ liens remedies and including effective date provisions. (Formerly HSB 173.) Effective date: 01/01/2022.

Last action — Explanation of vote.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 16, 2021. Enacted.

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Where this bill stands today.

Odds of enactment

High

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Bill Text

What changed in the latest version

44 added · 61 removed

44 line(s) added, 61 removed.

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Kim Reynolds O f f i c e o f t h e G o v e r n o r A d a m G r e g g G O V E R N O R L T G O V E R N O R April30,2021 T h e Honorable Paul Pate SecretaryofStateofIowa StateCapitol Des Moines,Iowa 50319 DearMr.Secretary, 1herebytransmit:
House File 561 - Enrolled House File 561 AN ACT RELATING TO THE PERFECTION OF MECHANICS’ LIENS AND MECHANICS’ LIENS REMEDIES AND INCLUDING EFFECTIVE DATE PROVISIONS.
HouseFile561,anActrelatingtotheperfectionofmechanics'hensandmechanics'hens remediesandincludingeffectivedateprovisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TheaboveHouseFileisherebyapprovedonthisdate.
Sincerely, ceynda^ Governor of Iowa cc:
SecretaryoftheSenate Clerk of the House STATE CAPITOL DES MOINES, I O W A 5031515.281.5211 FAX 515.725.3527W W W .
G O V E R N O R .
I O W A .
G O V BIGHT ifSBI!ilQ!IU!igilUyi23ISyDili BSI!13^inU IiyEBDS8SEUI3UyiIQDi»lB!lBS191il ilfl9MI!liUlinUBDigiS9DIBiaiUIDOIiailMDSIlS!IS!ilijiaSil!iSliDSDigiaOi!lilUey^lijU!IUiaSailISIili3IUIlB9! H o u s e F i l e 5 6 1 A N A C T RELATING TO THE PERFECTION OF MECHANICS' LIENS AND MECHANICS' L I E N S R E M E D I E S A N D I N C L U D I N G E F F E C T I V E D A T E P R O V I S I O N S .
B E I T E N A C T E D B Y T H E G E N E R A L A S S E M B L Y O F T H E S T A T E O F I O W A :
Section 572.8, subsection 3, Code 2021, is a m e n d e d t o r e a d a s f o l l o w s :
Section 572.8, subsection 3, Code 2021, is amended to read as follows:
The county or counties identified on the mechanics' notice and lien registry internet site at the time of posting the required notices pursuant to sections 572.13A and 572.13B shall be the only county or counties in which the building, land, or improvement may be charged with a mechanic's lien.
The county or counties identified on the mechanics’ notice and lien registry internet site at the time of posting the required notices pursuant to sections 572.13A and 572.13B shall be the only county or counties in which the building, land, or improvement may be charged with a mechanic’s lien.
Section 572.32, Code 2021, is amended to read as f o l l o w s :
Section 572.32, Code 2021, is amended to read as follows:
572.32 Attorney fees — remedies.
572.32 Attorney fees —— remedies.
In a court action to enforce a mechanic's lien, or an action brought upon any bond given in lieu thereof, a prevailing plaintiff may be awarded reasonable attorney fees.
In a court action to enforce a mechanic’s lien, or an action brought upon any bond given in lieu thereof, a prevailing plaintiff may be awarded reasonable attorney fees.
In a court action to challenge a mechanic's lien posted on a residential construction property, or any bond given in lieu thereof, if the person challenging the lien or defending against any action on the bond prevails, the court may award reasonable attorney fees and actual damages.
In a court action to challenge a mechanic’s lien posted on a residential construction property, or any bond given in lieu thereof, if the person challenging the lien or defending against any action on the bond prevails, the court may award reasonable attorney fees and actual damages.
If the court determines that the mechanic's lien was posted in bad faith House Pile 561, p.
If the court determines that the mechanic’s lien was posted in bad faith House File 561, p.
2 or the supporting affidavit was materially false, the court shall award the owner reasonable attorney fees plus an amount not less than five hundred dollars or the amount of the lien, whichever i s l e s s .
2 or the supporting affidavit was materially false, the court shall award the owner reasonable attorney fees plus an amount not less than five hundred dollars or the amount of the lien, whichever is less.
This Act takes effect January 1, 0 2 2 .
This Act takes effect January 1, 2022.
P A TG R A S S L E Y K EC H A P M A N Speaker of the House P r e s i d e nt h eS e n a t e I hereby certify that this bill originated in the House and is known as House File 561, Eighty-ninth General Assembly.
______________________________ ______________________________ PAT GRASSLEY JAKE CHAPMAN Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 561, Eighty-ninth General Assembly.
M E G H N E L S O N Chief/ Clerk-«of the House Approved ■ 1-^0* 2 0 2 1 K I M REYNOLD, G o v e r n o r
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2021 ______________________________ KIM REYNOLDS Governor
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Amendments

6 amendments

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Action History

  1. Explanation of vote.

  2. Explanation of vote.

  3. Signed by Governor.

  4. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  5. Explanation of vote.

  6. Message from Senate.

  7. Immediate message.

  8. Passed Senate, yeas 46, nays 0.

  9. Senate concurred with S-3131.

  10. Explanation of vote.

  11. Message from House, with amendment S-3131.

  12. Immediate message.

  13. Passed House, yeas 90, nays none.

  14. House concurred in Senate amendment H-1328, as amended.

  15. Amendment H-1352 to Senate amendment H-1328 filed, adopted.

  16. Placed on calendar under unfinished business.

  17. Senate amendment H-1328 filed.

  18. Message from Senate.

  19. Immediate message.

  20. Passed Senate, yeas 45, nays 0.

  21. Amendment S-3099 filed, adopted.

  22. Amendment S-3064 withdrawn.

  23. Substituted for SF 341.

  24. Amendment S-3064 filed.

  25. Read first time, attached to companion SF 341.

  26. Message from House.

  27. Explanation of vote.

  28. Immediate message.

  29. Passed House, yeas 93, nays none.

  30. Amendment H-1104 withdrawn.

  31. Amendment H-1104 filed.

  32. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing labor
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This bill has been enacted into law. Introduced February 16, 2021. Enacted.
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