SENATE BILL 554
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Daniel Ivey-Soto
AN ACT
RELATING TO LIENS; REQUIRING THE DATE AND METHOD OF DELIVERY OF NOTICE BE PROVIDED ON A RECORDED LIEN FOR CLAIMS RELATED TO CERTAIN LIENS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 48-2-10 NMSA 1978 (being Laws 1880, Chapter 16, Section 9, as amended) is amended to read:
"48-2-10. LIMITATION OF ACTION TO ENFORCE.--
A. No lien that is claimed pursuant to the provisions of Chapter 48, Article 2 NMSA 1978 and that is recorded in the office of the county clerk may be enforced by action or considered of record unless the date that the lien claimant gave written notice and the method of delivery of the notice are listed on the recorded lien. The written notice shall be provided to the owner or reputed owner of the property on which improvements are being constructed and to the original contractor, if any.
B. No lien provided for in Sections 48-2-1 through 48-2-17 NMSA 1978 remains valid for a longer period than two years after the claim of lien has been filed unless proceedings have been commenced in a court of competent jurisdiction or in binding arbitration within that time to enforce the lien. A contingent payment clause in a contract shall not be construed as a waiver of the right to file and enforce a mechanic's or materialman's lien pursuant to Sections 48-2-1 through 48-2-17 NMSA 1978."
SECTION 2. Section 48-5-2 NMSA 1978 (being Laws 1923, Chapter 102, Section 2) is amended to read:
"48-5-2. PROCEDURE TO OBTAIN LIEN--NOTICE.--
A. Any person entitled to a lien under [this chapter] Chapter 48, Article 5 NMSA 1978 shall, within ten days after the threshing is completed, file in the office of the county clerk of the county in which the grain was grown a statement in writing, verified by oath, showing the amount and quantity of grain threshed, the price agreed upon for threshing [the same] it, the name of the person for whom the threshing was done and a description of the land upon which the grain was grown. Unless the person entitled to the lien [shall file such] files that statement within [the] that time [aforesaid he] limit, the person shall be deemed to have waived [his] the right [thereto] to the lien.
B. No lien that is claimed pursuant to the provisions of Chapter 48, Article 5 NMSA 1978 and that is recorded in the office of the county clerk may be enforced by action or considered of record unless the person entitled to a lien gave written notice to the grain owner or the grain owner's representative and the date and method of delivery of the notice are listed on the recorded lien."
SECTION 3. Section 48-5A-2 NMSA 1978 (being Laws 1989, Chapter 89, Section 2) is amended to read:
"48-5A-2. PROCEDURE TO OBTAIN LIEN--NOTICE.--
A. Any person or company entitled to a lien under [this act] Chapter 48, Article 5A NMSA 1978 shall, within twenty-one days after the harvest is completed, file in the office of the county clerk of the county in which the crop was grown a statement in writing, verified by oath, showing the amount and quantity of the crop harvested, the price agreed upon for harvesting it, the name of the person for whom the harvest was done and a description of the land upon which the crop was grown. Unless the person or company entitled to the lien files that statement within the twenty-one-day time limit, [he] the person or company shall be deemed to have waived [his] the person's or company's right to the lien.
B. No lien that is claimed pursuant to the provisions of Chapter 48, Article 5A NMSA 1978 and that is recorded in the office of the county clerk may be enforced by action or considered of record unless the person or company entitled to a lien gave written notice to the owner of the crop or the owner's representative and the date and method of the notice are listed on the recorded lien."
SECTION 4. Section 48-8-2 NMSA 1978 (being Laws 1961, Chapter 227, Section 2) is amended to read:
"48-8-2. FILING AND NOTICE OF HOSPITAL LIENS.--[No]
A. A hospital lien is not effective upon damages recovered for personal injuries unless:
[A.] (1) a written notice is filed in the office of the county clerk of the county in which the hospital asserting the lien is located containing the following information:
[(1) an itemized statement of all claims]
(a) the total liability claimed, certified as correct by an agent of [such] the hospital;
[(2)] (b) the date of the accident;
[(3)] (c) the name and location of the hospital; and
[(4)] (d) the name of the person, firm or corporation alleged to be liable to the injured party for the injuries received, along with instructions for obtaining an itemized statement; [and
B.] (2) the hospital sends by certified mail, with return receipt requested, prior to the payment of any money to the injured [person] party, or [his] the injured party's attorneys or legal representative, as compensation for the [patient's] injured party's injuries, a copy of the written notice, together with a statement of the date of filing, to the person, firm or corporation alleged to be liable to the injured party for the injuries sustained. The person, firm or corporation alleged to be liable to the injured [person] party shall, upon request of the hospital, disclose the name of the insurance carrier that has insured the person, firm or corporation against liability; and
[C.] (3) the hospital mails a copy of the written notice by certified mail with return receipt requested to the home office of any insurance carrier that has insured the person, firm or corporation against liability, if the name and address [is] are known.
B. No lien that is claimed pursuant to the provisions of Chapter 48, Article 8 NMSA 1978 and that is recorded in the office of the county clerk may be enforced by action or considered of record unless the date that the hospital gave written notice as provided in Paragraphs (2) and (3) of Subsection A of this section and the method of delivery of the notice are listed on the recorded lien."
SECTION 5. Section 48-9-1 NMSA 1978 (being Laws 1973, Chapter 100, Section 1) is amended to read:
"48-9-1. SHORT TITLE.--[Sections 61-10-1 through 61-10-9 NMSA 1953] Chapter 48, Article 9 NMSA 1978 may be cited as the "Oil and Gas Products Lien Act"."
SECTION 6. Section 48-9-5 NMSA 1978 (being Laws 1973, Chapter 100, Section 5) is amended to read:
"48-9-5. PERFECTION OF SECURITY INTEREST AND LIEN--FILING NOTICE.--
A. If the purchase price for products, the state royalty and the taxes [which] that are required to be or are withheld and paid or to be paid are not paid to the person entitled to receive payment therefor after fifteen days and within forty-five days after payment is due by terms of agreement, the interest owner or operator may perfect the purchase money security interest and lien by filing for record in the office of the county clerk of the county in which the production unit is located a notice of lien in substantially the following form:
"NOTICE OF LIEN
Notice is hereby given that (name of interest owner for whom notice is filed) whose address is (address of named interest owner) owns an (fractional or decimal interest) interest in the products severed from the (name of well) by (name and address of operator), which well is designated as production unit No. (number) by the oil and gas [accounting Commission] bureau of the taxation and revenue department and is located on the following described land in (name of county) county, New Mexico:
(description of land)
Products severed from [said] that production unit have been and are now or may be taken, received and purchased by (name of first purchaser); and the above named interest owner has a purchase money security interest in and lien upon such products and the proceeds thereof to secure payment of the purchase price, state royalty and taxes for the months of (list months and year for which payment was not received) under the provisions of the Oil and Gas Products Lien Act.
Dated: (date)
___________________________
(signature of interest owner
or operator)".
B. If the notice of lien is not filed for record within the time limit specified in this section, the purchase money security interest and lien shall terminate at the expiration of that time limit.
[B.] C. All instruments [which] that are presented to a county clerk for filing in accordance with Subsection A of this section shall be deemed to be and filed as financing statements under the Uniform Commercial Code, even though the signature of the first purchaser may not appear thereon. All such instruments may be terminated in the same manner as financing statements under the provisions of the Uniform Commercial Code. Filing of a notice of lien or termination statement by an operator shall inure to the benefit of and be binding upon all named interest owners.
[C.] D. Upon perfection by filing, the purchase money security interest and lien of the interest owner shall relate back to and be effective as of the date on which the first purchaser took, received or purchased product unpaid for and shall take priority over the rights of all persons whose rights or claims arise or attach to the product unpaid for or the proceeds of product if such product has been sold by the first purchaser, including those [which] that arise or attach between the time the purchase money security interest and lien attaches and the time of filing.
E. No lien that is claimed pursuant to the provisions of the Oil and Gas Products Lien Act and that is recorded in the office of the county clerk may be enforced by action or considered of record unless the interest owner gave written notice to the operator and first purchaser and the date and method of delivery of the notice are listed on the recorded lien."
SECTION 7. APPLICABILITY.--The provisions of this act apply to liens filed in the office of the county clerk on or after July 1, 2013.
SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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