YES:
MR. SPEAKER:
Your Committee on Labor and Employment , to which was referred Senate Bill
389 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
earnings must be computed upon a multiple of the federal
minimum hourly wage equivalent to thirty (30) times the federal
minimum hourly wage as prescribed in this section.".
Page 2, line 2, delete "wages," and insert " wages and any damages
as provided in subsection (a),".
Page 2, delete lines 11 through 42.
Delete page 3.
Page 4, delete lines 1 through 3.
Page 4, line 4, delete "IC 22-5-6" and insert "IC 22-5-6.2".
Page 4, line 7, delete "6." and insert " 6.2.".
Page 4, between lines 16 and 17, begin a new paragraph and insert:
a drain, a drainage ditch, a sewer, or a cistern; or
(3) any other earth moving operation;
may have a lien as set forth in this section.
(b) A person described in subsection (a) may have a lien separately
or jointly upon the:
(1) house, mill, manufactory, or other building, bridge, reservoir,
system of waterworks, or other structure, sidewalk, walk, stile,
well, drain, drainage ditch, sewer, cistern, or earth:
(A) that the person erected, altered, repaired, moved, or
removed; or
(B) for which the person furnished materials or machinery of
any description; and
(2) on the interest of the owner of the lot or parcel of land:
(A) on which the structure or improvement stands; or
(B) with which the structure or improvement is connected;
to the extent of the value of any labor done, including fringe benefits
and withholdings, or the material furnished, or both, including any use
of the leased equipment and tools.
(c) All claims for wages, fringe benefits and withholdings, or both
wages and fringe benefits and withholdings of mechanics and
laborers employed in or about a shop, mill, wareroom, storeroom,
manufactory or structure, bridge, reservoir, system of waterworks or
other structure, sidewalk, walk, stile, well, drain, drainage ditch,
cistern, or any other earth moving operation shall be a lien on all the:
(1) machinery;
(2) tools;
(3) stock;
(4) material; or
(5) finished or unfinished work;
located in or about the shop, mill, wareroom, storeroom, manufactory
or other building, bridge, reservoir, system of waterworks, or other
structure, sidewalk, walk, stile, well, drain, drainage ditch, sewer,
cistern, or earth used in a business.
(d) If the person, firm, limited liability company, or corporation
described in subsection (a) is in failing circumstances, the claims
described in this section shall be preferred debts whether a claim or
notice of lien has been filed.
(e) Subject to subsection (f), a contract for the construction,
alteration, or repair of:
(1) a Class 2 structure (as defined in
IC 22-12-1-5
);
(2) an improvement on the same real estate auxiliary to a Class 2
structure (as defined in
IC 22-12-1-5
); or
(3) property that is:
(A) owned, operated, managed, or controlled by a:
(i) public utility (as defined in
IC 8-1-2-1
);
(ii) municipally owned utility (as defined in
IC 8-1-2-1
);
(iii) joint agency (as defined in
IC 8-1-2.2-2
);
(iv) rural electric membership corporation formed under
IC 8-1-13-4
;
(v) rural telephone cooperative corporation formed under
IC 8-1-17
; or
(vi) not-for-profit utility (as defined in
IC 8-1-2-125
);
regulated under IC 8; and
(B) intended to be used and useful for the production,
transmission, delivery, or furnishing of heat, light, water,
telecommunications services, or power to the public;
may include a provision or stipulation in the contract of the owner and
principal contractor that a lien may not attach to the real estate,
building, structure or any other improvement of the owner.
(f) A contract containing a provision or stipulation described in
subsection (e) must meet the requirements of this subsection to be valid
against subcontractors, mechanics, journeymen, laborers, or persons
performing labor upon or furnishing materials or machinery for the
property or improvement of the owner. The contract must:
(1) be in writing;
(2) contain specific reference by legal description of the real
estate to be improved;
(3) be acknowledged as provided in the case of deeds; and
(4) be filed and recorded in the recorder's office of the county in
which the real estate, building, structure, or other improvement is
situated not more than five (5) days after the date of execution of
the contract.
A contract containing a provision or stipulation described in subsection
(e) does not affect a lien for labor, material, or machinery supplied
before the filing of the contract with the recorder.
(g) Upon the filing of a contract under subsection (f), the recorder
shall:
(1) record the contract at length in the order of the time it was
received in books provided by the recorder for that purpose;
(2) index the contract in the name of the:
(A) contractor; and
(B) owner;
in books kept for that purpose; and
(3) collect a fee for recording the contract as is provided for the
recording of deeds and mortgages.
(h) A person, firm, partnership, limited liability company, or
corporation that sells or furnishes on credit any material, labor, or
machinery for the alteration or repair of an owner occupied single or
double family dwelling or the appurtenances or additions to the
dwelling to:
(1) a contractor, subcontractor, mechanic; or
(2) anyone other than the occupying owner or the owner's legal
representative;
must furnish to the occupying owner of the parcel of land where the
material, labor, or machinery is delivered a written notice of the
delivery or work and of the existence of lien rights not later than thirty
(30) days after the date of first delivery or labor performed. The
furnishing of the notice is a condition precedent to the right of
acquiring a lien upon the lot or parcel of land or the improvement on
the lot or parcel of land.
(i) A person, firm, partnership, limited liability company, or
corporation that sells or furnishes on credit material, labor, or
machinery for the original construction of a single or double family
dwelling for the intended occupancy of the owner upon whose real
estate the construction takes place to a contractor, subcontractor,
mechanic, or anyone other than the owner or the owner's legal
representatives must:
(1) furnish the owner of the real estate:
(A) as named in the latest entry in the transfer books described
in
IC 6-1.1-5-4
of the county auditor; or
(B) if
IC 6-1.1-5-9
applies, as named in the transfer books of
the township assessor;
with a written notice of the delivery or labor and the existence of
lien rights not later than sixty (60) days after the date of the first
delivery or labor performed; and
(2) file a copy of the written notice in the recorder's office of the
county not later than sixty (60) days after the date of the first
delivery or labor performed.
The furnishing and filing of the notice is a condition precedent to the
right of acquiring a lien upon the real estate or upon the improvement
constructed on the real estate.
(j) A lien for material or labor in original construction does not
attach to real estate purchased by an innocent purchaser for value
without notice of a single or double family dwelling for occupancy by
the purchaser unless notice of intention to hold the lien is recorded
under section 3 of this chapter before recording the deed by which the
purchaser takes title.
chapter.
The statement and notice of intention to hold a lien may be verified and
filed on behalf of a client by an attorney registered with the clerk of the
supreme court as an attorney in good standing under the requirements
of the supreme court.
(c) A statement and notice of intention to hold a lien filed under this
section must specifically set forth:
(1) the amount claimed, including any fringe benefits and
withholdings;
(2) the name and address of the claimant;
(3) the owner's:
(A) name; and
(B) latest address as shown on the property tax records of the
county; and
(4) the:
(A) legal description; and
(B) street and number, if any;
of the lot or land on which the house, mill, manufactory or other
buildings, bridge, reservoir, system of waterworks, or other
structure may stand or be connected with or to which it may be
removed.
The name of the owner and legal description of the lot or land will be
sufficient if they are substantially as set forth in the latest entry in the
transfer books described in
IC 6-1.1-5-4
of the county auditor or, if
IC 6-1.1-5-9
applies, the transfer books of the township assessor at the
time of filing of the notice of intention to hold a lien.
(d) The recorder shall:
(1) mail, first class, one (1) of the duplicates of the statement and
notice of intention to hold a lien to the owner named in the
statement and notice not later than three (3) business days after
recordation;
(2) post records as to the date of the mailing; and
(3) collect a fee of two dollars ($2) from the lien claimant for each
statement and notice that is mailed.
The statement and notice shall be addressed to the latest address of the
owner as specifically set out in the sworn statement and notice of the
person intending to hold a lien upon the property.
13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2003]: Sec. 9. (a) This section applies to a:
(1) subcontractor;
(2) lessor leasing construction and other equipment and tools,
regardless of whether an operator is also provided by the lessor;
(3) journeyman; or
(4) laborer;
employed or leasing any equipment or tools used by the lessee in
erecting, altering, repairing, or removing any house, mill, manufactory
or other building, or bridge, reservoir, system of waterworks, or other
structure or earth moving, or in furnishing any material or machinery
for these activities.
(b) Except as provided in section 12 of this chapter, in order to
acquire and hold a lien, a person described in subsection (a) must give
to the property owner, or if the property owner is absent, to the property
owner's agent, written notice particularly setting forth the amount of the
person's claim (including any fringe benefits and withholdings) and
services rendered for which:
(1) the person's employer or lessee is indebted to the person; and
(2) the person holds the property owner responsible.
(c) Subject to subsections (d) and (e), the property owner is liable
for the person's claim.
(d) The property owner is liable to a person described in subsection
(a) for not more than the amount that is due and may later become due
from the owner to the employer or lessee.
(e) A person described in subsection (a) may recover the amount of
the person's claim if, after the amounts of other claims that have
priority are subtracted from the amount due from the property owner
to the employer or lessee, the remainder of the amount due from the
property owner to the employer or lessee is sufficient to pay the amount
of the person's claim.
(f) This section applies to a person described in subsection (a) who
gives written notice, to the property owner or, if the property owner is
absent, to the owner's agent, before labor is performed or materials or
machinery is furnished. The notice must particularly set forth the
amount of:
(1) labor the person has contracted to perform; or
(2) materials or machinery the person has contracted to furnish;
and when so amended that said bill do pass.