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.