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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 Mon, Mar 15, 2021

 

Chairperson Patton opened the hearing on SB58.  Natalie Scott provided an overview of the bill. (Attachment 1) Ms. Scott stood for questions.

Proponents

Steve Phillips testified in support of SB58(Attachment 2) Mr. Phillips, an employee of the Kansas Attorney General’s office, and on behalf of the Office of Attorney General Derek Schmidt, stated SB58 is intended to strengthen Kansas statutes concerning “bogus” or fraudulent liens and other filings with the Secretary of State and local Registers of Deeds located in 105 Kansas counties. 

Hon. Jeffrey Goering (Attachment 3) stated as judges at the trial level, they often encounter litigants that are “sovereign citizens” or adherents to other ideologies that do not recognize the existence of state or local government.  A favored tactic of these individuals is to file fraudulent liens against the homes and other real estate owned by judges that often times have to deal with these individuals in court. As long as there is no real consequence for filing fraudulent liens, this practice will continue and likely will increase.  SB58 introduces long needed, real consequences for engaging in this fraudulent activity.  

Katie Koupal (Attachment 4) stated SB58 would increase penalties for those false filings, discouraging those who otherwise might be inclined to take such action against prominent or public officials. It also allows a court to prohibit an individual from filing future liens without court approval, a useful tool against inmates who file multiple liens with little concern of punishment. 

Sheriff Jeff Easter (Attachment 5) stated for several years our his Sheriff's Associations have been trying to find meaningful solutions to the filing of fraudulent liens against sheriffs, police chiefs and other public officials. These actions are used by groups known as “sovereign citizens” to attack public officials. Fraudulent liens are often not discovered until the property owner is attempting to sell their property on which the fraudulent lien was placed. This results in delays in selling the property which can cost the property owner substantial money. In some cases, the property owner’s opportunity to purchase new property contingent on the sale of their current property can be lost because of the fraudulent lien. The delays can be extensive as the property owner has to prove the lien is fraudulent and finding the person who placed the fraudulent lien can sometimes be difficult.

Amanda Stanley (Attachment 6) explained that her organization agrees with the previous testimony and have heard concerns from city managers and city clerks across the state about self-proclaimed sovereign citizen filing fictitious liens against city employees and city official in retaliation of legitimate exercise of municipal authority. The League of Kansas Municipalities supports SB58.

Chairperson Patton asked if there were any other individual wishing to testify on SB58.  Being none, he closed the hearing on SB58.