Conveyances; increasing maximum fine and term of imprisonment for certain offense. Effective date.
Impact
The proposed changes to the law significantly increase the penalties for committing the described offenses. Under the current law, individuals found guilty of such misdemeanors face a maximum fine of $100, but SB385 increases this fine to $500. In addition, the maximum period of imprisonment has been extended from 30 days to 90 days. These adjustments signal a stricter stance on fraudulent conveyances and an increased effort by the state to maintain the rightful ownership of real estate, especially in situations where tribal lands are involved. The bill's effective date is set for November 1, 2025, allowing for a period of adjustment for all stakeholders involved.
Summary
SB385 amends the existing statute regarding the filing of purported conveyances without color of title. The bill specifically targets the actions of individuals, firms, or agents who file deeds or other instruments that falsely claim to convey any interest in real estate where the grantor does not hold a bona fide title. This act aims to enhance the integrity of property conveyancing within the state, particularly to protect lands allotted to members of the Five Civilized Tribes and the Osage Tribe of Indians Nation from improper claims. Consequently, the bill raises both the possible fines and imprisonment terms for violations of this statute.
Contention
While the bill is generally aimed at protecting the interests of tribal landowners and ensuring proper conveyancing practices, it may raise concerns among those who believe that increased penalties could disproportionately affect individuals who may unintentionally commit errors in the conveyance process. Stakeholders might debate whether the heightened penalties serve justice or create an atmosphere that dissuades rightful transactions due to fear of excessive repercussions. The legislation could stimulate further discussions related to property rights, tribal sovereignty, and the appropriate degree of regulation in real estate practices.