Brief ⁽¹⁾

HB 2212 extends the time for filing mechanics' liens for contractor and subcontractor liens under KSA 60-1102 and 60-1103 against property other than residential property to within 180 days after the material, equipment, or supplies was used or consumed.

Background

HB 2212, as it passed the House, amended the Civil Procedure Code concerning records to require branch banks, savings and loan institutions, or credit unions to designate an officer or employee as the custodian of records to identify records for evidentiary purposes.

The Senate Committee struck provisions of HB 2212 and amended into it provisions of SB 197 dealing with mechanics' liens. SB 197 was supported by the Western Extralite Company, the Kansas City Division of the National Association of Credit Management, Capital Electric of Leavenworth, the Kansas City Chapter of the National Electrical Contractors Association, D. L. Smith Electrical Construction of Topeka, Bond Electric of Lawrence, Shelley Electric of Emporia, and others. The proponents said the extended time for filing mechanics' liens on commercial property would reduce the number of liens filed and would help customer relations with contractors due to the billing cycles of this area of business. SB 197 was opposed or problems were expressed by the Kansas Bankers Association and the Kansas Land Title Association.

The bill has no fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi