HF 356 – Statute of Limitations Relating to Rent
HF 565 – Mechanics’ Liens
FLOOR ACTION:
HF 356 provides that legal action on a claim for rent must be brought within five years of accrual of the claim. Currently, the law allows a claim to be brought within 10 years. In addition, the bill, as amended by the Senate, requires that any execution of a judgment received on a claim for rent must be brought within five years. The Senate amendment also stipulates that judgment debt on claims for rent cannot be sold; and if sold, execution on any such judgment must be done within two years of receipt of the judgment. The House amended the Senate amendment to clarify that judgment debt on claims for rent may be sold or assigned to a state or federally chartered bank or credit union without losing the five year statute of limitations. The Senate concurred with the House amendment to the Senate amendment. [4/24: 49-0 (Johnson excused)]
HF 565 is a technical “clean-up” bill relating to House File 675 (Mechanic’s Lien bill) from 2012, which created a State Construction Registry (SCR), an Internet-based registry administered by the Secretary of State. The SCR serves as a statewide central repository where pre-lien notices and mechanics’ liens will be filed and housed. The requirements relating to the SCR apply to residential construction, defined in the bill as “construction on single-family or two-family dwellings occupied or used, or intended to be occupied or used, primarily for residential purposes, and includes horizontal condominiums.” Previously, all mechanics’ liens were filed at the county level. HF 565 made some technical changes that were needed after the new registry went into effect. One substantive change in the bill deals with preliminary notices and notices of commencement of work that are posted to the registry. If, within two years after posting, these notices are not renewed or there are no related active postings, they will be declared inactive. The Secretary of State is to establish a process by rule for removal of inactive notices and for renewal of notices. [4/24: 49-0 (Johnson excused)]