HB0089 County clerks-frivolous filings procedure.

Plain English Breakdown

The candidate explanation included a claim about the district court's role that was overly broad. The bill specifies procedures for the clerk and court, but does not explicitly grant the court additional powers beyond those outlined.

County Clerks Can Reject or Mark Frivolous Filings

The bill allows county clerks to reject filings that lack a legal basis and are submitted for improper reasons, with specific procedures outlined.

What This Bill Does

Creates rules allowing county clerks to decide if a filing is frivolous.

Requires the clerk to notify the person who filed something if it might be frivolous.

Allows the district court to declare filings as frivolous after reviewing them.

Enables the clerk to reject or mark filings declared frivolous by the court.

Who It Names or Affects

County clerks

People filing documents with county clerks

Terms To Know

Filing

A document submitted to a county clerk for recording or filing, except for property transfers and liens.

Frivolous

Lacking any reasonable legal basis or presented for improper reasons like harassment.

Limits and Unknowns

The bill did not pass in the session.

It does not specify what happens to fees collected if a filing is rejected.

The effective date of July 1, 2024, will not be reached since the bill did not pass.

Amendments

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

HB0089HS001

Standing Committee • House Corporations, Elections & Political Subdivis

Filed

Plain English: This amendment adds a requirement for the district court to act within 20 days on motions filed by county clerks under certain conditions.

Adds a new rule that requires the district court to decide on a motion from a county clerk within 20 days after it is filed.

The amendment text does not specify what happens if the court fails to act within 20 days, or how this affects existing procedures for handling motions.

Bill History

2024-02-23 House

H COW:H Did not consider for COW

2024-02-21 House

H Placed on General File

2024-02-21 House

H07 - Corporations:Recommend Amend and Do Pass 9-0-0-0-0

2024-02-15 House

H Introduced and Referred to H07 - Corporations 51-10-1-0-0

2024-02-01 House

H Received for Introduction

2024-01-29 LSO

Bill Number Assigned

Current Bill Text

Read the full stored bill text

24LSO-0303
2024
STATE OF WYOMING
24LSO-0303
Numbered
2.0

HOUSE BILL NO. HB0089

County clerks-frivolous filings procedure.

Sponsored by: Representative(s) Larsen, L and Lawley and Senator(s) Ellis and Nethercott

A BILL

for

AN ACT relating to county clerks; authorizing county clerks to seek to have frivolous filings rejected or notated as frivolous; specifying requirements and procedures for rejecting or notating frivolous filings; and providing for an effective date.

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

Section 1
.

W.S. 18
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3
‑
403 is created to read:

18
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3
‑
403.

County clerks; rejection or notation of frivolous filings.

(a)

As used in this section:

(i)

"Filing" means any document filed or recorded with the county clerk except for conveyances as defined by W.S. 34
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1
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102 and liens;

(ii)

"Frivolous" means lacking an arguable basis in law or in fact or being presented for any improper purpose, including harassment.

(b)

A county clerk may reject any frivolous filing that a person seeks to file with the clerk, in accordance with the following:

(i)

If the clerk determines that the filing may be frivolous, the clerk may decline to file the filing and may hold the filing in abeyance, subject to this subsection;

(ii)

For any filing that the clerk declines to file or holds in abeyance, the clerk shall file a motion with the district court in the county for an order that the filing is frivolous. The person seeking to file the filing shall be given notice and an opportunity to be heard before the district court acts on the motion;

(iii)

If the district court determines that the filing is frivolous, the court may enter an order declaring the filing frivolous, after which the clerk may reject the filing. For any filing rejected under this subsection, the clerk shall refund any fee collected from the person seeking to file the filing within ten (10) days of the district court's order;

(iv)

No filing shall be rejected under this subsection if the clerk has deposited any fee received for the filing or if the clerk has filed the filing.

(c)

A county clerk may seek to notate any filing previously filed with the clerk in accordance with the following:

(i)

The clerk may review any filed filings to determine if a filing is frivolous;

(ii)

Upon identifying a filing that the clerk believes may be frivolous, the clerk may file a motion with the district court in the county for an order that the filing is frivolous. The person who submitted the filing to the clerk shall be given notice and an opportunity to be heard before the district court acts on the motion;

(iii)

If the district court determines that the filing is frivolous, the court may enter an order declaring the filing frivolous;

(iv)

Upon the entry of an order under paragraph (iii) of this subsection, the clerk may include a notation with the filing stating that the filing has been deemed frivolous.

(d)

Any filing declared frivolous by a district court under this section shall have no legal effect.

Section 2
.

This act is effective July 1, 2024
.

(END)

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HB0089