Sen. Lakey’s RS 31943 on mechanics’ liens sent to print after lawmakers describe court-docket concerns

Senator Todd Lakey presented RS 31943, a draft statute change relating to liens of mechanics and materialmen, and the Senate Commerce and Human Resources Committee voted to send the measure to print.

Lakey, a State Senator from District 23, told the committee the bill deletes a seldom-used subsection that allowed someone who filed a mechanics or materialmen lien to file a demand with the court to be placed at the top of a judge's docket, ahead of other civil matters except criminal cases. "What that section does it says if you file that lien then they must, they had a really effective lobbyist I think back when this was passed. They basically, say if you file that lien you can then file a demand with the court to say all right I am now the most important case judge on your docket and you have to readjust your docket and put me essentially at the top except for your criminal caseload and take up my case and move other people's cases back," Lakey said, explaining the subsection has created confusion for courts, parties and settlement discussions.

Senator Nichols asked whether the subsection was rarely used and when it was last applied; Lakey said it is rarely used and that a recent example involving the Associated General Contractors prompted the change and that staff could provide more information. Senator Guthrie moved the committee send RS 31943 to print; the motion was seconded and the committee recorded that it carried with no recorded opposition.

If enacted, the change would remove the statutory mechanism that asked courts to rearrange civil dockets to prioritize lien claims; proponents said removing the provision would let courts manage schedules and allow parties and judges to address disputes without mandated docket priority.