SF0124 • 2013

Frivolous liens.

AN ACT relating to liens; providing a process for a governmental official or employee to seek discharge of groundless liens; specifying procedures; providing for discharge of the claim of lien; specifying applicability; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Perkins
Last action: 2013-02-19
Official status: enrolled
Effective date: 3/15/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0124HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0124S2001

2nd reading • PERKINS

Adopted, Corrected

Plain English: Adopted, Corrected 2nd reading by PERKINS

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0124SS001

Standing Committee • SCHIFFER

Adopted

Plain English: Adopted Standing Committee by SCHIFFER

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2013-02-19 LSO
Assigned Chapter Number
2013-02-15 Governor
Governor Signed SEA21
2013-02-12 House
H Speaker Signed SEA No. 0021
2013-02-12 Senate
S President Signed SEA No. 0021
2013-02-11 LSO
Assigned Number SEA0021
2013-02-11 Senate
S Did Concur
2013-02-11 Senate
S Received for Concurrence
2013-02-11 House
H Passed 3rd Reading
2013-02-08 House
H Passed 2nd Reading
2013-02-07 House
H Passed CoW
2013-02-07 House
H Amendments Adopted
2013-02-07 House
Amendment Adopted
2013-02-05 House
H Placed on General File
2013-02-05 House
H01 Recommended Amend and Do Pass
2013-01-30 House
H Introduced and Referred to H01
2013-01-29 House
H Received for Introduction
2013-01-28 Senate
S Passed 3rd Reading
2013-01-25 Senate
S Passed 2nd Reading
2013-01-25 Senate
Amendment Adopted
2013-01-24 Senate
S Passed CoW
2013-01-24 Senate
S Amendments Adopted
2013-01-24 Senate
Amendment Adopted
2013-01-23 Senate
S Placed on General File
2013-01-23 Senate
S01 Recommended Amend and Do Pass
2013-01-16 Senate
S Introduced and Referred to S01
2013-01-16 Senate
S Received for Introduction
2013-01-15 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0124
Drafter:

MDO

LSO No.:
13LSO-0388
Effective Date:

3/15/2013

Enrolled Act No.:
SEA0021

Chapter No.:
CH0053

Prime Sponsor:
Senator Perkins

Catch Title:
Frivolous liens.

Subject:
Liens filed against Government Officials in their Official
Capacity.

Summary/Major
Elements:

It has been reported that frivolous liens have been filed
in Wyoming against the personal property of judges and other government
officials apparently to harass those officials for actions taken in their
official capacity.

Currently in statute, a government official who has a frivolous
lien filed against his personal property must initiate a court action to
discharge the liens from his property.

This act provides a mechanism to discharge a frivolous
lien filed against the property of a government official by:

o

Filing an affidavit with the county clerk for the county in which the
lien was filed;

o

Providing notice to the lien claimant;

o

If the lien claimant fails to file a petition in the district court stating
that the lien is valid within 20 days of the filing of the petition, the
government official shall file the affidavit with the clerk of district court
and receive certification that no petition has been filed in response to the
affidavit;

o

The government official shall then file the certification with the
county clerk and the lien shall be null and void and of no further force or
effect.

The act also provides a procedure for the discharge of a
frivolous lien if the lien claimant files a petition in the district court.

Comments:

Applies
to liens filed on or after March 15, 2013.

Effective
date March 15, 2013.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0124

ENROLLED ACT NO. 21, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to liens; providing
a process for a
governmental official or employee
to seek discharge of groundless liens; specifying procedures; providing
for discharge of the claim of
lien
; specifying
applicability;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 29
‑
1
‑
601
(a
)
and by creating a new
subsection
(d)
is amended to read:

29
‑
1
‑
601.

False or frivolous liens; damages; penalties.

(a)

Any claim of lien against a federal, state or local official or employee based on the performance or
nonperformance of that official's or employee's duties shall be invalid unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of the lien or unless a specific statute authorizes the filing of the lien.

A federal, state or local official or employee
may discharge a lien under subsection (b) or (d) of this section.

(d)

Any
federal, state or local official or employee
whose real or personal property is subject to a recorded claim of lien who believes the claim of lien is invalid under
subsection (a) of this section
may
record
an affidavit
as affiant
with the county clerk stating that the claim
o
f lien has been filed against him in his individual capacity for the performance or nonperformance of actions in his capacity as a government official or employee.
The person alleging the claim of lien was filed in violation of subsection (a) of this section shall provide notice of the filing of the affidavit to the lien claimant at the address provided on the lie
n statement pursuant to W.S. 29
‑
1
‑
312(b) by first class mail. Upon the filing of the affidavit, the lien claimant shall have
twenty (20)
days to file a petition in
the district court for the county in which the lien statement was filed

stating that the claim of lien is
valid under the laws of the United States or of the state of Wyoming. If the lien claimant fails to file the petition within the time specified,
the affiant may present a copy of the affidavit to the
district court
clerk
for the county in which the lien statement was filed
showing the date it was recorded and the district court clerk shall issue a certification that no petition has been filed in response to the affidavit. Upon recording of a certification issued under this subsection with the county clerk, the lien shall be null and void and of no further force or effect.
Upon the filing of the petition by the lien claimant the following shall apply:

(i)

The court may enter its order

directing the lien claimant to appear before the court at a time no earlier than six (6) nor later than fifteen (15) days following the date of service of the petition, and order the lien claimant to show cause, if any, why the relief provided in this subsection should not be granted;

(ii)

The order shall clearly state that if the lien claimant fails to appear at the time and place noted, the claim of lien shall be stricken and released, and that the lien claimant shall be ordered to pay damages of one thousand dollars ($1,000.00) or actual damages, whichever is greater, and the costs incurred by the petitioner, including reasonable attorneys' fees;

(i
ii
)

If, following a hearing on the matter the court determines that the claim of lien is invalid under subsection (a) of this section the court shall issue an order striking and releasing the claim of lien and awarding damages of one thousand dollars ($1,000.00) or actual damages, whichever is greater, costs and reasonable attorneys' fees to the petitioner to be paid by the lien claimant;

(
i
v)

If the court determines that the claim of lien is valid, the court shall issue an order so stating and shall award costs and reasonable attorneys' fees to the lien claimant to be paid by the
affiant
.

Section
3
.

This act shall apply to all liens filed on or after
March
1
5
, 2013.

Section
4
.

This act is effective
March
1
5
, 2013.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1