CALL TO ACTION AGAINST CHANGES TO MECHANIC'S LIEN LAW!
Glad to hear that there is interest in calling your Legislator. So what do you say when you get him on the phone with this issue? Here is a brief script for you:
I'm calling to oppose (FILL IN THE BILL NUMBER) because rather than clarifying the law to help homeowners get a clear title to their property, it makes more difficult. Most contractors do not have internet access to file the project on the registry and even though there is a provision for those who do not, it adds to government employees' costs to have them do it for the contractor. There is no provision that closers or lenders must check the registry to see that all companies who have registered were paid or given a lien waiver. A similar law was passed in Utah and it does not work because the lenders and closers do not check the registry in order to ensure that the property title is clear.
If a change is to be made in this law, then I want to be sure it is done well the first time rather than confuse the general contractors, subs, closurers, lenders and homeowners.
There are other concerns with this bill that are outlined in the article below.
Bill Wimmer, our lobbyist, has forwarded us the names of the committee members reviewing these bills. Please call:
House subcommittee members to NOT SUPPORT HSB 559
To call them at the Capitol, dial (515)281-3221
Eric Palmer (D-Oskaloosa), eric.palmer@legis.state.ia.us
Nate Willems (D-Lisbon), nate.willems@legis.state.ia.us
Doug Struyk (R-Council Bluffs), doug.struyk@legis.state.ia.us
Senate subcommittee members to NOT SUPPORT SSB 3076
To call them at the Capitol, dial (515)281-3371
Rob Hogg (D-Cedar Rapids), rob.hogg@legis.state.ia.us
Herman Quirmbach (D-Ames), quirmbach@legis.state.ia.us
Brad Zaun (R-Urbandale), brad.zaun@legis.state.ia.us
Please email me if you call or email if you contact the Legislator. Tell me your response so we can track it.
(800)469-9078
Comparison of ILA Concerns with Iowa Title's November Proposal
You can view the table on our web site by clicking here Comparison Table
New Lien Study Bills Introduced
SSB 3095 HOMESTEAD LIENS and HSB 597 HOMESTEAD LIENS Specifies that liens do not attach to a homestead except in specific cases (certain debts including some created by a written contract, some home improvements, and some other debts related to survivorship). Deems a warranty of title by a former occupying homeowner as a claim against all judgments against the current homeowner (unless noted otherwise in the conveyance). Requires any lien against a homestead to be filed in 30 days in writing. Allows a court order to release a claimed lien by positing a bond of 125% of the claimed amount (making any judgment against the bond). Replaces that the bond be released if no execution on the bond is ordered within 30 days.
Our lobbyist, Bill Wimmer, does not know where these two bills came from, who introduced them and why. He will get back to us as quickly as he can. He said with the shortened session, bills are being introduced in a great flurry of activity making it a more challenging session than usual.
Bill Tracking
The following industry-related legislation was introduced last week (Bill numbers beginning with the letter "H" are House bills and those beginning with the letter "S" are Senate bills):
HF 2108 FIRE SPRINKLER SYSTEMSProhibits a building code from requiring a fire suppression system in a one or two family home or a four-unit apartment.
HF 2124 PLUMBER LICENSE REPEAL Repeal the Iowa plumber, mechanical professional, and contractor licensing Act.
HSB 573 FLOOD PLAIN MANAGEMENT Requires the DNR and local governments to prohibit reconstructing buildings or infrastructure in flood plains that was damaged by flooding. Requires DALS and hydrologists from the Iowa Flood Center and ISU to study hydrological tiling. Requires the Water Resources Council marketing campaign on watershed to include information of flooding and mitigating flood damage. Requires DALS to work with the WRC on programs to integrate wetlands into watersheds and to prioritize such efforts. Watershed Demonstration: RequiresDNR, DALS, the Iowa Flood Center, and the WRC to seek funding for a watershed demonstration plan. Other: Requires the WRC to support the formation of an association of flood plain managers. Requires the ISU extension service and the WRC to work on educating the public on floods and flood plains. Climate: Requires the DNR and DALS to work with the WRC and the NRC on conservation practices for a changing climate. Real Estate; Requires disclosure if a flood plain is on alluvial soil. NPDES: Requiresthe DNR to modify permits as of July 2010 to include requirements for soil compaction mitigation. Levees: Requires the DNR to encourage policies that favor other techniques over building levees in rural areas. Requires the DNR to prioritize levees. Requires the DNR to work with state and federal agencies, and private groups, on assessing and prioritizing easement and land purchase decisions.Jacoby (C),Burt, Pettengill
HSB 577CARBON MONOXIDE DETECTORS Requires the installation of Carbon Monoxide detectors, similar to the placement of fire detectors.
HSB 592SMART PLANNING Establishes 10 smart planning principles (collaboration, efficiency-transparency & consistency, clean-renewable-efficient energy, occupational diversity, revitalization, housing diversity, community character, natural resources & agricultural protection, sustainable design, and transportation diversity). Creates a 27-member task force on smart membership. Requires four meetings and report by November 2010. Requires the task force to consult various experts, and to develop recommendations and measurements on smart planning.
HSB 595 TRUCK REGISTRATION FEES Multi-purpose: Strikes an obsolete flat fee registration schedule and treats all multipurpose vehicles the same, so that the fee for all multi-purpose vehicles from 1992 or older is $50. Disabled: Establishes an annual registration fee of no more than $60 for trucks equipped to assist a disabled person. Requires that the owner be the disabled person a member of that person's household. Includes persons who are confined to wheelchairs.
HSB 597 HOMESTEAD LIENS Specifies that liens do not attach to a homestead except in specific cases (certain debts including some created by a written contract, some home improvements, and some other debts related to survivorship). Deems a warranty of title by a former occupying homeowner as a claim against all judgments against the current homeowner (unless noted otherwise in the conveyance). Requires any lien against a homestead to be filed in 30 days in writing. Allows a court order to release a claimed lien by positing a bond of 125% of the claimed amount (making any judgment against the bond). Replaces that the bond be released if no execution on the bond is ordered within 30 days.
HSB 602 ENERGY IMPROVEMENT FINANCING Establishes an energy finance program to finance energy improvements to benefit property owners. Allows a city or county to offer to make assessments to residential, commercial or industrial property for the costs of energy improvements. Establishes notice provisions, requirements for an ordinance and bonding provisions. Gives the Office of Energy Independence an advisory role and an inspection role. Makes definitions.
HSB 608 500 YEAR FLOOD PLAINS(Rebuild Iowa) Prohibits financial aid to repair food-damaged buildings in a 500-year flood plain if the property was developed after July, 2010. Prohibits building a facility critical for health and safety of the public and environment in a 500-year flood plain.
SSB 3095 HOMESTEAD LIENS(Judiciary) Specifies that liens do not attach to a homestead except in specific cases (certain debts including some created by a written contract, some home improvements, and some other debts related to survivorship). Deems a warranty of title by a former occupying homeowner as a claim against all judgments against the current homeowner (unless noted otherwise in the conveyance). Requires any lien against a homestead to be filed in 30 days in writing. Allows a court order to release a claimed lien by positing a bond of 125% of the claimed amount (making any judgment against the bond). Replaces that the bond be released if no execution on the bond is ordered within 30 days.
SSB 3096 SMART PLANNING Establishes 10 smart planning principles (collaboration, efficiency-transparency & consistency, clean-renewable-efficient energy, occupational diversity, revitalization, housing diversity, community character, natural resources & agricultural protection,sustainable design, and transportation diversity). Creates a 27-member task force on smart membership. Requires four meetings and report by November 2010. Requires the task force to consult various experts, and to develop recommendations and measurements on smart planning.
SSB 3098FLOOD PLAIN MANAGEMENT Requires the DNR and local governments to prohibit reconstructing buildings or infrastructure in flood plains that was damaged by flooding. Requires DALS and hydrologists from the Iowa Flood Centerand ISU to study hydrological tiling. Requires the Water Resources Council marketing campaign on watershed to include information of flooding and mitigating flood damage. Requires DALS to work with the WRC on programs to integrate wetlands into watersheds and to prioritize such efforts. Watershed Demonstration: Requires DNR, DALS, the Iowa Flood Center, and the WRC to seek funding for a watershed demonstration plan. Other: Requires the WRC to support the formation of an association of flood plain managers. Requires the ISU extension service and the WRC to work on educating the public on floods and flood plains. Climate: Requires the DNR and DALS to work with the WRC and the NRC on conservation practices for a changing climate. Real Estate; Requires disclosure if a flood plain is on alluvial soil. NPDES: Requires the DNR to modify permits as of July 2010 to include requirements for soil compaction mitigation. Levees: Requires the DNR to encourage policies that favor other techniques over building levees in rural areas. Requires the DNR to prioritize levees. Requires the DNR to work with state and federal agencies, and private groups, on assessing and prioritizing easement and land purchase decisions.
SSB 3114ENERGY IMPROVEMENT FINANCING Establishes an energy finance program to finance energy improvements to benefit property owners. Allows a city or county to offer to make assessments to residential, commercial or industrial property for the costs of energy improvements. Establishes notice provisions, requirements for an ordinance and bonding provisions. Gives the Office of Energy Independence an advisory role and an inspection role. Makes definitions.
Lobbyist Contact Information:
Wasker Dorr Wimmer & Marcouiller, P.C.
4201 Westown Parkway, Suite 250
West Des Moines, IA 50266-6720
TEL: 515-283-1801
FAX: 515-283-1802
Bill Wimmer Craig Schoenfeld
515-371-8920 (cell) 515-371-8921 (cell)
bwimmer@wdwm.net cschoenfeld@wdwm.net