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Minutes for SB58 - Committee on Judiciary
Short Title
Prohibiting the filing of certain liens or claims against real or personal property and providing for criminal penalties.
Minutes Content for Wed, Feb 3, 2021
Jason Thompson presented a bill brief on SB58 explaining that it prohibits filing of certain liens against real or personal property and provides for criminal penalties. (Attachment 1)
Chairperson Warren asked if other states have statutes like this? Jason Thompson replied that some do and the conferees might be able to answer this further. If not, Legislative Research will be able to get the information for the Committee.
Adam Proffitt submitted the fiscal note for SB58.(Attachment 2)
Scott Schultz submitted the prison bed space impact assessment for SB58. (Attachment 3)
Proponents, Oral
Jeff Goering spoke in support of SB58 stating that he and other judges were subject to this sort of fraudulent lien last year when there was a disgruntled person in their court rooms. He explained that fraudulent liens are a headache and often do not show up until the person with the lien on his property goes to sell it.(Attachment 4)
Katie Koupal spoke in support of SB58 stating that this will reduce fraudulent filings in their office and it puts a penalty on the filer who places the fraudulent lien. She argued that this will give the Secretary of State's office a tool to deal with such filings. She also stated that there are a dozen states who have laws dealing with fraudulent filings. She believes it is a growing problem because people use it to harass to public officials. (Attachment 5)
Steve Phillips spoke in support of SB58 stating bogus liens are an ongoing problem in Kansas. He indicated there is a procedure for dealing with the liens in current law, but there is no real penalty for the people who file them. He believes that this bill will correct that by adding strong penalties. He also stated tat, in addition to the state laws against bogus liens mentioned by the Secretary of State's office, there are two federal laws concerning them. (Attachment 6)
Amanda Stanley spoke in support of SB58 stating bogus liens are a problem for local officials and city government. (Attachment 7)
Proponents, Written
Written testimony in support of SB58 was presented by:
- Sheriff Jeff Easter, Kansas Sheriff's Association (Attachment 8)
There was neither opponent nor neutral testimony.
After discussion the hearing was closed.
