|
S.F. No. 0025 |
Liens. |
Sponsored By: Joint Judiciary Interim
Committee
AN ACT relating to liens; reorganizing lien
statutes as specified; generally amending and clarifying the process for filing
liens; specifying time limits for filing forms; amending substantive rights
under lien provisions; conforming statutes; authorizing attorney fees and costs
as specified; amending definitions; and providing for an effective date.
1/8/2010 Bill
Number Assigned
2/8/2010 S
Received for Introduction
2/8/2010 S
Introduced and Referred to S01
ROLL
CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case,
Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines,
Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Meyer,
Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Von
Flatern
Ayes 30 Nays
0 Excused 0 Absent 0 Conflicts
0
2/17/2010 S01
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Senator(s) Burns, Meyer, Perkins, Ross and
Sessions
Ayes 5 Nays
0 Excused
0 Absent 0 Conflicts 0
2/17/2010 S
Placed on General File
SF0025SS001/ADOPTED
That
Substitute No. 1 be substituted for SF0025 and that
Substitute No. 1 DO Pass. ROSS, CHAIRMAN
SF0025SW001/FAILED
Page 1–line 11 Delete "through 29‑1‑105"
insert "and 29‑1‑104".
Page 2–lines 22 and 23 Delete.
Page 3–lines 1 through 8 Delete. BURNS
SF0025SW002/ADOPTED
Page 4–line 6 After
"sent" delete balance of line and insert:
":
(A) By the contractor prior to
receiving any payment from owner, including advances;
(B) By
the subcontractor or materialman within thirty (30) days after first providing
services or materials to the construction project.".
Page 4–line 7 Delete. PERKINS, BURNS, MEYER, ROSS, SESSIONS
2/18/2010 S Passed CoW
2/19/2010 S Laid Back Without
Prejudice
SF0025S2002/ADOPTED
Page 1-line 11 Delete "29-1-105" insert
"29-1-104".
Page 1-line 12 Delete "29-1-317" insert
"29-1-314"; delete "29-1-408" insert "29-1-407".
Page 1-line 13 After "29-1-601," insert
"29-2-112, 29-2-113,"; delete "through
29-1-103" insert ", 29-9-102".
Page 2-line 7 Delete "Common law liens superseded" insert "Other lien statutes and legal processes not affected by this act".
Page 2-After line 7 Insert:
"(a) Unless other statutes relating to
liens specifically provide that the procedures specified in chapter 1, 2, 9 or
10 of this act apply, this act is supplemental to and does not supersede any
other lien statutes contained in chapters 3 through 8 of this act nor other
lien statutes nor other statutes relating in any way to liens currently
existing related to other types of property or other subject matters.".
Page 2-line 9 Delete.
Page 2-line 10 Delete the line through
"except" insert (b)"; delete "herein" insert "in
this act".
Page 2-lines 22 and 23 Delete entirely.
Page 3-line 1 through 24 Delete entirely.
Page 4-lines 1 through 23 Delete entirely.
Page 5-lines 1 through 18 Delete entirely.
Page 5-line 20 Delete "29-1-314." insert "29-1-312.".
Page 8-lines 22 and 23 Delete entirely.
Page 9-lines 1 through 22 Delete entirely.
Page 10-lines 1 through 24 Delete entirely.
Page 11 lines 1 through 10 Delete entirely.
Page 11-line 12 Delete "29-1-316." insert "29-1-313.".
Page 12-line 8 Delete "29-1-317." insert "29-1-314.".
Page 12-line 13 Delete "29-1-316" insert
"29-1-313".
Page 13-line 11 Delete "real".
Page 13-After line 21 Insert:
"(d) Nothing in this section
shall be construed to require a lien claimant to enforce his lien under this
article if another method of enforcement is available under this act.".
Page 17-lines 1 through 9 Delete entirely.
Page 23-After line 3 Insert:
"29‑2‑112. Preliminary notices.
(a) With respect to perfecting
the right to file a construction lien under this chapter, the following
preliminary notice requirements shall apply:
(i) The
contractor, subcontractor and materialman shall send written notice to the
record owner or his agent, of the right to assert a lien against the property
for which services or materials are provided if the contractor, subcontractor
or materialman is not paid, and the right of the owner or contractor to obtain
a lien waiver upon payment for services or materials. Each subcontractor and materialman shall
provide a copy of the written notice to the contractor for which the subcontractor
or materialman is providing services or materials;
(ii) The
notice required under this section shall be sent within thirty (30) days after
first providing services or materials to the construction project;
(iii) Failure
to send the notice required under this section within the time specified shall
bar the right of a contractor, subcontractor or materialman to assert a lien;
(iv) The notice required
under this section shall be in substantially the same format and contain the
same information as the notice contained in W.S. 29‑10‑101. The form shall be made available and may be
obtained at the county clerk's office of each county;
(v) The contractor shall forward
to the owner any preliminary notice received from a subcontractor or
materialman within fifteen (15) days of receipt of the preliminary notice.
29‑2‑113. Identity
of record owner or his agent provided.
The contractor shall provide to
subcontractors and materialmen at the time of contracting with them the name
and address of the record owner and his agent, if applicable, and legal
description of the site of the project on which work will be performed or
materials furnished.".
Page 24-lines 12 through 22 Delete entirely.
Page 25-line 13 Delete "29-1-312" insert
"29-2-112".
Page 25-line 15 Delete "29-1-312(a)(i)" insert "29‑2‑112(a)(i)".
Page 30-line 20 Delete "29-1-313" insert
"29-2-107".
Page 30-line
22 Delete "29-1-313(a)"
insert "29-2-107(a)".
Page 31-line 14 Delete "29-1-313" insert
"29-2-107".
Page 32-line 18 Delete "29-1-313" insert
"29-2-107".
Page 32-line
20 Delete "29-1-314(c)"
insert "29-1-312(c)".
Page 33-line 12 Delete "29-1-314" insert
"29-1-312".
Page 34-line 4 Delete "29-1-315" insert
"29-2-106".
Page 34-line 6 Delete "29-1-314(b) and (f)"
insert "29‑1‑312(b) and (f)".
Page 34-line 17 Delete "29-1-314" insert
"29-1-312".
Page 42-line
20 Delete "29-1-315(c)"
insert "29-2-106(c)".
Page 42-line 24 Delete "29-1-312" insert
"29-2-112".
Page 43-line
5 Delete "29-1-315(c)" insert "29-2-106(c)".
Page 43-line
19 Delete "29-1-315(c)"
insert "29-2-106(c)".
Page 47-line 11 Delete "29-1-317" insert
"29-1-314".
Page 47-line 14 Delete "29-1-316" insert
"29-1-313"; delete "29-1-317" insert "29-1-314".
Page 48-line 1 Delete "29-1-316" insert
"29-1-313".
Page 51-line 9 After "29-2-106" delete
"(c)"; before 29-2-108" insert "29-2-107,".
Page 58-After line 12 Insert:
"(a) Every Except as
provided in subsection (c) of this section, any contractor asserting a lien under this chapter shall file his
lien statement within one hundred twenty (120) one hundred fifty (150) days and every other
person asserting a lien under this chapter
shall file within ninety (90) one hundred twenty (120) days:
(i) Of
the earlier of:
(A) After the last day when work was performed or
materials furnished under contract; or
(ii)(B) From the date the of substantial
completion of the project on which work was substantially completed or substantial completion of the
contract to furnish performed or
materials, whichever is earlier were furnished under contract; or
(iii)(ii) With respect
to an employee or a subcontractor, after the last day he performed
work at the direction of his employer or the contractor or other
person authorized to provide direction.
(b) No contract made between the record owner and the contractor shall be construed
to affect or restrict the right of any subcontractor,
journeyman or worker materialman to file a lien.
(c) The record
owner may record a notice of substantial completion of the project in the
records of the county clerk in the county where the project is located. If a notice of substantial completion of the
project is recorded under this subsection, the date the notice is recorded
shall be presumed to be the date of substantial completion of the project.
After the notice has been duly recorded, the record owner shall send a copy of
the notice within five (5) days to all contractors, subcontractors and
materialmen who provided the record owner with preliminary notice pursuant to
W.S. 29‑2‑112. The notice
shall not extend the date by which a lien statement shall be filed as may otherwise
be provided in this section. The time to
file a lien statement by any contractor, subcontractor or materialman shall not
be affected if the record owner fails to send the notice of substantial
completion of the project.
(d) The notice
of substantial completion of the project shall refer to this section,
provide the date of substantial completion of the project on the notice and
state in bold face type: "This
notice creates a rebuttable presumption that the period for filing a lien shall
begin to run as of the date the notice was recorded. If the recipient of the notice has not been
paid in full, any lien to be filed on the property to secure full payment shall
be filed by contractors within one hundred fifty (150) days of the date the
notice was recorded and within one hundred twenty (120) days of the date the
notice was recorded for materialmen.".
Page
58-line 14 Strike "(c)"
insert "(e)".
Page
58-line 23 Delete "29-1-314" insert "29-1-312".
Page 59-After line 2 Insert:
"(d)(f) 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) (e) of
this section.
29-2-107. Notice of intention to file lien.
(a) Before filing a lien pursuant to this chapter
every person a
lien claimant shall give ten (10) days send written notice to the record owner or his agent in writing of any claim against real property, a building or an improvement or for materials furnished stating the amount of
any claim and from whom it is due. The notice shall be sent no later than twenty (20) days prior
to filing a lien statement.
(b) The notice under
this section shall be in substantially the same format and contain the same
information as the notice form specified in W.S. 29‑10‑102. The notice forms shall be made available and
may be obtained at the county clerk's office of each county.".
Page 59-line 24 Delete "29-1-317" insert "29-1-314".
Page 60-line
1 Strike "29-2-109"
insert "29-2-113".
Page 60-line
9 Delete "29-1-314(a)" insert "29-1-312(a)".
Page 60-line
16 Delete "29-1-314(b)" insert "29-1-312(b)".
Page 60-line
19 Delete "29-1-314(a)" insert "29-1-312(a)".
Page 61-line 11 Delete "29-1-314" insert "29-1-312".
Page 61-line 12 Delete "29-1-314" insert "29-1-312".
Page 61-line 14 Delete "29-1-314" insert "29-1-312".
Page 61-line
24 Delete "29-1-314 and 29-1-316" insert "29-1-312 and 29-1-313".
Page 62-line 6 Delete "29-2-106(a) and (b),".
Page 62-line 10 Delete "2010" insert
"2011".
Page 62-line 11 Delete "2010" insert
"2011".
Page 62-line 13 Delete "2010" insert
"2011".
Page 62-line 15 Delete "2010" insert
"2011". PERKINS
2/22/2010 S Passed 2nd
2/23/2010 S Passed 3rd
ROLL
CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case,
Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines,
Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meyer, Nicholas,
Perkins, Peterson, Ross, Schiffer, Sessions, Townsend and Von Flatern
Nays: Senator(s) Meier and Scott
Ayes 28 Nays
2 Excused 0 Absent 0 Conflicts
0
2/24/2010 H
Received for Introduction
2/24/2010 H
Introduced and Referred to H01
2/26/2010 H01
Recommended Amend and Do Pass
ROLL
CALL
Ayes: Representative(s) Bagby, Barbuto, Blikre,
Cannady, Gingery, Peasley, Quarberg and Throne
Nays: Representative(s) Patton
Ayes 8 Nays
1 Excused 0 Absent 0 Conflicts
0
2/26/2010 H
Placed on General File
SF0025HS001.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 18–line 17 Delete "The" insert "Any".
Page 18–line 18 After
"sent" delete balance of line and insert:
":
(A) By the contractor prior to
receiving any payment from owner, including advances;
(B) By
the subcontractor or materialman within thirty (30) days after first providing
services or materials to the construction project.".
Page 18–line 19 Delete entirely. GINGERY, CHAIRMAN
SF0025HS001.02/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 18-line 7 After "agent," insert
"who, for purposes of this section, includes the contractor,". GINGERY, CHAIRMAN
3/1/2010 H Passed CoW
SF0025H2001/FAILED (TO ENGROSSED COPY)
Page 18-line 7 After "agent," insert
"who, for purposes of this section, includes the contractor,". GINGERY
SF0025H2003/ADOPTED (TO ENGROSSED COPY)
Page 19-lines 8 through 11 Delete entirely,
including the Lubnau second reading amendment (SF0025H2001/AE) to these
lines.
Page 49-lines 6 through 8 Delete entirely and insert:
"(viii) "Material" means:
(A) Component parts
incorporated into the project; and
(B) Equipment
and machinery, whether or not incorporated into the project.".
THRONE
SF0025H2002.01/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 3-line 16 Delete "The lien".
Page 3-line 17 Delete entirely.
Page 9-line 9 After "property," insert
"fixtures,".
Page 14-line 3 After
"section." delete balance of line.
Page 14-lines 4 through 6 Delete entirely.
Page 19-line 11 After "." insert "A
subcontractor or materialman shall not be barred from asserting a lien under
this act if the contractor fails to forward to the record owner or his agent a
preliminary notice the contractor received from the subcontractor or
materialman under this paragraph.".
Page 19-line 21 After "." insert "A
subcontractor or materialman shall not be barred from asserting a lien under
this act if the contractor fails to provide the name and address of the record
owner and his agent, if applicable, and the legal description of the site on
which work will be performed or materials furnished pursuant to this
section.".
Page 47-line
16 Delete "new subsections
(e) and" insert "a new subsection (e)".
Page 47-line
17 Delete "(f)".
Page 52-lines 13 through 24 Delete entirely.
Page 53-lines 1 through 6 Delete entirely.
Page 53-line 8 Delete "(f)" insert "(e)".
Page 58-line 18 Delete "twenty (20)" insert "ten
(10)". LUBNAU
SF0025H2002.02/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 10-line 7 After "claims" insert
"having equal priority, with remaining amounts determined on the same
basis for lower priority claims until proceeds are exhausted". LUBNAU
3/2/2010 H Passed 2nd
3/3/2010 H Passed 3rd
ROLL
CALL
Ayes: Representative(s) Anderson, R., Bagby,
Barbuto, Berger, Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd,
Cannady, Carson, Childers, Cohee, Connolly, Craft, Davison, Diercks, Edmonds,
Esquibel, K., Gingery, Goggles, Hales, Hammons, Harshman, Harvey, Illoway,
Jaggi, Jorgensen, Kimble, Landon, Lockhart, Lubnau, Madden, McKim, McOmie,
Miller, Millin, Moniz, Patton, Peasley, Pedersen, Petersen, Quarberg, Roscoe,
Semlek, Shepperson, Simpson, Stubson, Teeters, Thompson, Wallis, Zwonitzer, Dn.
and Zwonitzer, Dv.
Nays: Representative(s) Gilmore, Steward and Throne
Excused: Representative(s) Hallinan and Philp
Ayes 55 Nays
3 Excused 2 Absent 0 Conflicts
0
3/4/2010 S
Received for Concurrence
3/4/2010 S
Did Not Concur
ROLL
CALL
Nays: Senator(s) Anderson, J., Bebout, Burns, Case,
Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines,
Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Meyer,
Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Von
Flatern
Ayes 0 Nays
30 Excused 0 Absent 0 Conflicts
0
3/4/2010 S
Appointed JCC01
Members
Senator(s) Ross, Elliott, Scott
3/4/2010 H
Appointed JCC01 Members
Representative(s) Lubnau, Peasley, Throne
3/5/2010 S
Adopted SF0025JC01
ROLL
CALL
Ayes: Senator(s) Anderson, J., Bebout, Burns, Case,
Coe, Cooper, Dockstader, Elliott, Esquibel, F., Geis, Hastert, Hines,
Hunnicutt, Jennings, Johnson, Landen, Larson, Martin, Massie, Meier, Meyer,
Nicholas, Perkins, Peterson, Ross, Schiffer, Scott, Sessions, Townsend and Von
Flatern
Ayes 30 Nays
0 Excused 0 Absent 0 Conflicts
0
3/5/2010 H
Adopted SF0025JC01
ROLL
CALL
Ayes: Representative(s) Anderson, R., Barbuto,
Blake, Blikre, Bonner, Brechtel, Brown, Buchanan, Byrd, Cannady, Cohee,
Connolly, Craft, Davison, Diercks, Edmonds, Esquibel, K., Gilmore, Gingery,
Goggles, Hales, Hammons, Harvey, Illoway, Jaggi, Jorgensen, Kimble, Landon,
Lockhart, Lubnau, Madden, McKim, McOmie, Miller, Millin, Moniz, Patton,
Pedersen, Petersen, Quarberg, Roscoe, Semlek, Shepperson, Simpson, Steward,
Stubson, Teeters, Thompson, Throne, Wallis, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Peasley
Excused: Representative(s) Bagby, Berger, Carson,
Childers, Hallinan, Harshman and Philp
Ayes 52 Nays
1 Excused 7 Absent 0 Conflicts
0
SF0025JC01AA ADPOPTED (TO ENGROSSED COPY)
Adopt
the following House amendments:
SF0025H2003/AE
SF0025HS001.01/ACE
Delete
the following House amendments:
SF0025H2002.01/ACE
Further amend the ENGROSSED COPY as follows:
Page 3-line 16 Delete "The lien".
Page 3-line 17 Delete entirely.
Page 9-line 9 After "property," insert
"fixtures,".
Page 14-line 3 After
"section." delete balance of line.
Page 14-lines 4 through 6 Delete entirely.
Page 47-line
16 Delete "new subsections
(e) and" insert "a new subsection (e)".
Page 47-line
17 Delete "(f)".
Page 52-lines 13 through 24 Delete entirely.
Page 53-lines 1 through 6 Delete entirely.
Page 53-line 8 Delete "(f)" insert "(e)".
ROSS, ELLIOTT, SCOTT, LUBNAU,
PEASLEY, THRONE
3/5/2010 Assigned Number SEA No. 0053
3/5/2010 S President Signed SEA No. 0053
3/5/2010 H Speaker Signed SEA No. 0053
3/9/2010 Governor Signed SEA No. 0053
3/9/2010 Assigned Chapter Number
Chapter
No. 0092 Session
Laws of Wyoming 2010