Vermont H 665: An act relating to the Green Mountain Care Board’s regulatory duties and hospital budget reviews

Bill Text

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VT LEG #386384 v.1
H.665 1
Introduced by Representatives Kimbell of Woodstock and Marcotte of 2
Coventry 3
Referred to Committee on 4
Date: 5
Subject: Municipal and county government; property; taxation and finance; 6
land records; town clerks; recording and indexing; liens; transfer of 7
real property; miscellaneous amendments 8
Statement of purpose of bill as introduced: This bill proposes to amend 9
various provisions throughout the Vermont Statutes Annotated to use uniform 10
and consistent terms related to the submission of instruments for recording in 11
the land records and indexing in the general index maintained by municipal 12
clerks. 13
An act relating to recording, indexing, and the duties of town clerks 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 6 V.S.A. § 2902 is amended to read: 16
§ 2902. RECORDING NOTICE OF LIEN 17
A producer’s lien shall not continue for more than 60 days from the time 18
when payment became due for the last of the dairy products sold unless a 19
notice of the lien is filed recorded in the land records in the case of real estate 20

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VT LEG #386384 v.1
in the office of the town clerk of the town where the real estate is located and 1
in the case of personal property in the office of the town clerk of the town 2
where the handler resides, or, if the handler resides out of state, then in the 3
town where the personal property is located. Within ten 10 days thereafter, a 4
copy of the memorandum shall be filed by the producer with the Secretary of 5
Agriculture, Food and Markets, who may publish it as necessary to provide 6
notice thereof to other producers of the handler. 7
Sec. 2. 9 V.S.A. § 1921 is amended to read: 8
§ 1921. EXTENT OF LIEN; NOTICE 9
* * * 10
(b) A person who by virtue of a contract or agreement, either in writing or 11
parol, with an agent, contractor, or subcontractor of the owner thereof, 12
performs labor or furnishes materials for erecting, repairing, moving, or 13
altering such improvements shall have a lien, to secure the payment of the 14
same upon such improvements and the lot of land upon which the same stand, 15
by giving notice in writing to such owner or his or her owner’s agent having 16
charge of such property that he or she the person shall claim a lien for labor or 17
material. The notice shall include the date that payment is due, if known. 18
Such lien shall extend to the portions of the contract price remaining unpaid at 19
the time such notice is received. 20

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VT LEG #386384 v.1
(c) A lien herein provided for shall not continue in force for more than 180 1
days from the time when payment became due for the last of such labor 2
performed or materials furnished unless a notice of such lien is filed recorded 3
in the land records in the office of the town clerk as hereinafter provided. 4
(d) A lien under this section shall not take precedence over a deed or other 5
conveyance to the extent that consideration therefor has been paid in good faith 6
before record recording of such lien in the land records. Such lien shall not 7
take precedence over a mortgage given by the owner thereof upon such 8
building, property, or improvements and the lot of land on which the same 9
stand, as security for the payment of money loaned and to be used by such 10
owner in payment of the expenses of the same, if such mortgage is recorded in 11
the land records before such lien is filed in the office of the town clerk as 12
hereinafter provided. If such mortgagee shall receive written notice that any 13
lien hereunder is to be claimed, such lien shall take precedence over such 14
mortgage as to all advances thereafter made under such mortgage to such 15
mortgagor, except such advances as the mortgagee may show were actually 16
expended in completing such improvements to real property. 17
* * * 18
Sec. 3. 9 V.S.A. § 1923 is amended to read: 19
§ 1923. RECORDING NOTICE OF LIEN 20

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VT LEG #386384 v.1
A person claiming a lien under section 1921 of this title shall file submit a 1
written memorandum for record recording in the land records in the clerk’s 2
office of the town where such real estate is situated a written memorandum, 3
signed by him or her the person, asserting his or her the person’s claim, which 4
shall charge such real estate with such lien as of the visible commencement of 5
work or delivery of material to the extent and subject to the exceptions 6
provided in sections 1921 and 1922 of this title. Several such liens, asserted as 7
aforesaid, shall be paid pro rata, if the sum due or to become due from the 8
owner thereof is not sufficient to pay the same in full. 9
Sec. 4. 9 V.S.A. § 1971 is amended to read: 10
§ 1971. UNPAID WAGES; STATUTORY LIEN; PRIORITY OVER 11
SUBSEQUENT MORTGAGE OR LIEN 12
(a) A statutory lien is created on the r