|
S.F. No. 0077 |
Liens by cooperative utilities. |
Sponsored By: Senator(s) Larson and Representative(s) Gingery
AN ACT relating to liens by cooperative utilities; providing for a lien for materials or services; specifying filing procedures and timelines; and providing for an effective date.
1/8/2007 Bill Number Assigned
1/9/2007 S Received for Introduction
1/10/2007 S Introduced and Referred to S09
1/15/2007 S09 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Burns, Cooper, Fecht, Larson and Vasey
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/15/2007 S Placed on General File
1/16/2007 S Passed CoW
1/17/2007 S Passed 2nd Reading
Page 1-line 13 After "member" insert "." and delete balance of line.
Page 1-line 14 Delete through "the lien.".
Page 2-line 10 After "(b)" delete balance of line and insert "The cooperative utility shall provide notice".
Page 2-line 11 Delete through "given".
Page 2-line 12 Delete "and shall be given".
Page 2-line 14 After "lien." insert "The notice required by this subsection shall contain the information required in subsection (c) of this section.". PERKINS
1/18/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Coe, Cooper, Fecht, Geis, Hastert, Hines, Jennings, Johnson, Larson, Massie, Meier, Peterson, Scott, Sessions, Townsend, Vasey and Von Flatern.
Nays: Senator(s) Case, Decaria, Job, Mockler, Nicholas, Perkins, Ross and Schiffer
Excused: Senator(s) Peck
Ayes 21 Nays 8 Excused 1 Absent 0 Conflicts 0
1/23/2007 H Received for Introduction
1/31/2007 H Introduced and Referred to H09
2/12/2007 H09 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brechtel, Edmonds, Esquibel, F., Harvey, Lockhart, Meyer, Quarberg and Steward
Excused: Representative(s) Hammons
Ayes 8 Nays 0 Excused 1 Absent 0 Conflicts 0
2/12/2007 H Placed on General File
SF0077HS001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 13 After "member" insert "from the time of giving notice of the lien". QUARBERG, ACTING CHAIRMAN
2/20/2007 H Passed CoW
2/21/2007 H Laid Back Pursuant to HR 9-3
SF0077H2001/FAILED (TO ENGROSSED COPY)
Page 1-line 16 Delete ":".
Page 2-lines 2 and 3 Delete entirely.
Page 3-line 5 Delete "(ii)". ZWONITZER, DV.
SF0077H2002/ADOPTED (TO ENGROSSED COPY)
Delete the standing committee amendment (SF0077HS001/AE) entirely.
Delete the Zwonitzer, DV., second reading amendment (SF0077H2001/AE) entirely.
Further amend the Engrossed copy as follows:
Page 1-above line 1 In the catch title delete "for electrical services" insert "by cooperative utilities".
Page 1-line 1 Delete "corporations" insert "liens by cooperative utilities".
Page 1-line 2 Delete "electrical" insert "materials or"; After "procedures" delete "," insert "and timelines;".
Page 1-line 3 Delete entirely.
Page 1-line 4 Delete "lien;".
Page 1-line 8 After "Section 1." delete balance of the line and insert "W.S. 29-2-101 by creating a new subsection (d) and 29-2-106 by creating a new subsection (d) are amended to read:".
Page 1-lines 10 through 16 Delete entirely and insert:
"29-2-101. Persons entitled to liens; extent of lien on realty; exceptions.
(d) A cooperative utility, as defined by W.S. 17-20-140(a)(i), shall have a lien for the materials or services provided to a member. The lien shall attach to the real property of the member at the location where the materials or services were provided, if the amount due to the utility:
(i) Is greater than five thousand dollars ($5,000.00); and
(ii) Has been unpaid for more than ninety (90) days.
29-2-106. When statement lien to be filed; rights of subcontractor not abridged by contract between owner and contractor; agreement to extend filing period.
(d) A cooperative utility claiming a lien under W.S. 29-2-101(d) shall file its lien statement within one hundred eighty (180) days after the first date the provisions of W.S. 29-2-101(d)(i) and (ii) were met. The cooperative utility and its member may agree to an extension of the time in which the lien may be filed, but the agreement may not exceed a total time for filing the lien statement beyond three hundred sixty (360) days. Any agreement for an extension under this subsection shall otherwise comply with the requirements of subsection (c) of this section.".
Page 2-lines 2 through 22 Delete entirely.
Page 3-lines 1 through 14 Delete entirely. LUBNAU
2/22/2007 H Passed 2nd Reading
SF0077H3001/ADOPTED (TO ENGROSSED COPY)
Page 1-line 8 In the Lubnau second reading amendment (SF0077H2002/ACE) to this line after "W.S." insert "29-1-305 by creating a new subsection (e),".
Page 1-lines 10 through 16 In the Lubnau second reading amendment (SF0077H2002/ACE) to these lines before "29-2-101" insert:
"29-1-305. Priority of liens.
(e) The priority of a perfected lien for a cooperative utility provided in W.S. 29-2-101(d) shall be determined by the date and time the lien statement is filed and shall not have priority over other perfected liens or mortgages on the same property which have been perfected prior to the filing date.". LUBNAU
2/23/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Bagby, Berger, Blake, Brechtel, Childers, Cohee, Craft, Diercks, Dockstader, Edmonds, Gingery, Goggles, Harshman, Harvey, Iekel, Illoway, Landon, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Millin, Olsen, Philp, Quarberg, Samuelson, Semlek, Simpson, Slater, Steward, Thompson, Throne, Wallis, Walsh, Warren and White.
Nays: Representative(s) Alden, Anderson, R., Buchanan, Davison, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Hammons, Jaggi, Jones, Jorgensen, Lockhart, Miller, Petersen, Shepperson, Teeters, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Hallinan
Conflicts: Representative(s) Brown
Ayes 38 Nays 20 Excused 1 Absent 0 Conflicts 1
2/26/2007 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Mockler
Excused: Senator(s) Peck
Ayes 28 Nays 1 Excused 1 Absent 0 Conflicts 0
2/26/2007 Assigned Number SEA No. 0072
2/26/2007 S President Signed SEA No. 0072
2/27/2007 H Speaker Signed SEA No. 0072
3/4/2007 Governor Signed SEA No. 0072
3/4/2007 Assigned Chapter Number
Chapter No. 0193 Session Laws of Wyoming 2007.