1.1 	 A bill for an act
1.2 	relating to commerce; providing an expedited process for the judicial review of 
1.3 	financing statements; establishing civil and criminal liability for fraudulent or 
1.4 	otherwise improper financing statements; amending Minnesota Statutes 2005 
1.5 	Supplement, section 609.749, subdivision 2; proposing coding for new law in 
1.6 	Minnesota Statutes, chapters 545; 604; 609.
1.7 	 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. [545.05] EXPEDITED PROCESS TO REVIEW AND DETERMINE 
1.9 	THE EFFECTIVENESS OF FINANCING STATEMENTS FORMS.
1.10 	(a)(1) Any obligor, person named as a debtor, or owner of collateral described or 
1.11 	indicated in a financing statement or other record filed under the Uniform Commercial 
1.12 	Code - Secured Transactions, who has reason to believe that the financing statement or 
1.13 	other record is fraudulent or otherwise improper as defined in paragraph (e) may complete 
1.14 	and file, at any time without any time limitation, a motion for judicial review of the 
1.15 	effectiveness of the financing statement or other record.  A secured party of record who 
1.16 	believes that an amendment or termination of a financing statement or other record is 
1.17 	fraudulent or otherwise improper as defined in paragraph (e) may also file such a motion. 
1.18 	The motion must be mailed by first class mail to the person who is indicated as the secured 
1.19 	party on the allegedly fraudulent or improper record at the address listed on that record, 
1.20 	or, in the case of a filing by the secured party of record, the mailing must be sent to the 
1.21 	address of the person who filed the amendment or termination in question, if and as listed 
1.22 	on the record, and must be accompanied by a copy of the record in question, an affidavit 
1.23 	of mailing, as well as the form for responding to the motion, which appears in paragraph 
1.24 	(a), clause (3), and a copy of the text of this entire section.
2.1 	A copy of all materials must be filed on that day with the district court of the 
2.2 	county in which the financing statement or other record has been filed, or in the county of 
2.3 	residence of the movant. The motion must be supported by the affidavit of the movant 
2.4 	or the movant's attorney setting forth a concise statement of the facts upon which the 
2.5 	claim for relief is based.
2.6 	The motion must be in substantially the following form:
2.7 	In Re:  A Purported  Financing Statement In the district court                               In and For ............. 
2.8 	County,                               Minnesota  Against  [Name of person who filed the financing statement] 
2.9 	MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED 
2.10 	UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS 
2.11 	Now comes .................. (name) and files this motion requesting a judicial 
2.12 	determination of the effectiveness of a financing statement or other record filed under the 
2.13 	Uniform Commercial Code - Secured Transactions in the office of the ............... (filing 
2.14 	office and location thereof) and in support of the motion would show the court as follows:
2.15 	 I.
2.16 	................. (name), movant herein, is the [obligor, person named as a debtor, or 
2.17 	owner of collateral described or indicated in] [secured party of record listed in] a financing 
2.18 	statement or other record filed under the Uniform Commercial Code.
2.19 	 II.
2.20 	On ............. (date), in the exercise of the filing officer's official duties as .................. 
2.21 	(filing officer's position), the filing officer received and filed or recorded the financing 
2.22 	statement or other record, a copy which is attached hereto, that purports to perfect a 
2.23 	security interest against the obligor, the person named as debtor or against the owner 
2.24 	of collateral described or indicated in the financing statement or other record] [amend 
2.25 	or terminate the financing statement in which the movant is listed as the secured party 
2.26 	of record].
2.27 	 III.
2.28 	Movant alleges that the financing statement or other record is fraudulent or otherwise 
2.29 	improper, as defined by paragraph (e), and that this court should declare the financing 
2.30 	statement or other record ineffective.
2.31 	 IV.
2.32 	Movant attests that assertions herein are true and correct.
2.33 	 V.
2.34 	Movant does not request the court to make a finding as to any underlying claim 
2.35 	of the parties involved and acknowledges that this motion does not seek review of an 
2.36 	effective financing statement. Movant further acknowledges that movant may be subject 
3.1 	to sanctions if this motion is determined to be frivolous. Movant may be contacted by 
3.2 	respondent at:
3.3 	Mailing Address: (required) 
3.4 	Telephone Number:
3.5 	Facsimile Number:  
3.6 	E-Mail Address:  
3.7 	PRAYER 
3.8 	Movant requests the court to review the attached documentation and enter an order 
3.9 	finding that said financing statement or other record is ineffective together with such other 
3.10 	findings as the court deems appropriate.
3.11 	Respectfully submitted, .......................... (Signature and typed name and address).
3.12 	(2) The completed form for ordinary certificate of acknowledgment must be as 
3.13 	follows:
3.14 	AFFIDAVIT 
3.15 	THE STATE OF ) [state name]                    )     COUNTY OF ) .......
3.16 	BEFORE ME, the undersigned authority, personally appeared ........., who, being by 
3.17 	me duly sworn, deposed as follows:
3.18 	"My name is ...............  I am over 18 years of age, of sound mind, with personal 
3.19 	knowledge of the following facts, and fully competent to testify.
3.20 	I further attest that the assertions contained in the accompanying motion are true and 
3.21 	correct." 
3.22 	Further affiant sayeth not.
3.23 	SUBSCRIBED and SWORN TO before me, this ..... day of ..................
3.24 	NOTARY PUBLIC, State of [state name] 
3.25 	Notary's printed name:  .........................
3.26 	My commission expires:  .........................
3.27 	(3) The movant shall complete an affidavit of mailing the response to the court and 
3.28 	to the respondent in substantially the following form:

3.29	State of Minnesota)

3.30	)

3.31	County of ..............)
							
3.32 	............................, being the movant, being duly sworn, on oath, deposes and says 
3.33 	that on the ..... day of .........., ......., ..he mailed the response to court and the respondent by 
4.1 	placing a true and correct copy of the response in an envelope addressed to them as shown 
4.2 	depositing the same with postage prepaid, in the U.S. Mail at ............................, Minnesota.
4.3 	Subscribed and sworn to before me this ..... day of ...................., .......
4.4 	(4) The person listed as [the secured party on] [filing] the record for which the 
4.5 	movant has requested review may respond to the motion and accompanying materials to 
4.6 	request an actual hearing within ten days from the mailing by first class United States mail 
4.7 	by the movant, in which case the completed form for use by the person listed as [the 
4.8 	secured party in] [filing] the record in question to respond to the motion for judicial review 
4.9 	must be in substantially the following form:
4.10 	In Re:  A Purported  Financing Statement In the district court                               In and For ............. 
4.11 	County,                               Minnesota  Against  [Name of person who filed the financing statement] 
4.12 	RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING 
4.13 	STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE 
4.14 	- SECURED TRANSACTIONS 
4.15 	Now comes .................. (name) and files this response to a motion requesting 
4.16 	a judicial determination of the effectiveness of a financing statement or other record 
4.17 	filed under the Uniform Commercial Code - Secured Transactions in the office of the 
4.18 	............... (filing office and location thereof) and in support of the motion would show 
4.19 	the court as follows:
4.20 	I.
4.21 	................. (name), respondent herein, is the person listed as [the secured party in] 
4.22 	[filing] the record for which review has been requested by the movant.
4.23 	 II.
4.24 	On ............. (date), in the exercise of the filing officer's official duties as .................. 
4.25 	(filing officer's position), the filing officer received and filed or recorded the financing 
4.26 	statement or other record, a copy which is attached hereto, that purports to [perfect a 
4.27 	security interest against] [amend or terminate a record filed by] the movant.
4.28 	III.
4.29 	Respondent hereby states that the financing statement or other record is not 
4.30 	fraudulent or otherwise improper, as defined in Minnesota Statutes, section 545.05, 
4.31 	paragraph (e), and that this court should not declare the financing statement or other 
4.32 	record ineffective.
4.33 	IV.
4.34 	Respondent asks for the scheduling of an expedited hearing to be held no later than 
4.35 	five days or as soon thereafter as the court shall order after the mailing of this response 
4.36 	to the court and to the movant.
5.1 	V.
5.2 	Respondent attests that assertions herein are true and correct.
5.3 	VI.
5.4 	Respondent does not request the court to make a finding as to any underlying claim 
5.5 	of the parties involved.  Respondent further acknowledges that respondent may be subject 
5.6 	to sanctions if this response is determined to be frivolous.
5.7 	PRAYER 
5.8 	Respondent requests the court to review the attached documentation, to set a hearing 
5.9 	for no later than five days after the date of this response or as soon thereafter as the court 
5.10 	shall order and to enter an order finding that said financing statement or other record is not 
5.11 	ineffective together with such other findings as the court deems appropriate. Respondent 
5.12 	may be contacted at:
5.13 	Mailing Address: (required) 
5.14 	Telephone Number:
5.15 	Facsimile Number:  
5.16 	E-Mail Address:  
5.17 	Respectfully submitted .........................
5.18 	(Signature and typed name and address).
5.19 	(5) The completed form for ordinary certificate of acknowledgment must be as 
5.20 	follows:
5.21 	AFFIDAVIT 
5.22 	THE STATE OF ) [state name]                    )   COUNTY OF ) .......
5.23 	BEFORE ME, the undersigned authority, personally appeared ........., who, being by 
5.24 	me duly sworn, deposed as follows:
5.25 	"My name is ...............  I am over 18 years of age, of sound mind, with personal 
5.26 	knowledge of the following facts, and fully competent to testify.
5.27 	I further attest that the assertions contained in the accompanying motion are true and 
5.28 	correct." 
5.29 	Further affiant sayeth not.
5.30 	SUBSCRIBED and SWORN TO before me, this ..... day of ..................
5.31 	NOTARY PUBLIC, State of [state name] 
5.32 	Notary's printed name:  .........................
5.33 	My commission expires:  .........................
5.34 	(6) The motion must be supported by the affidavit of the movant or the movant's 
5.35 	attorney setting forth a concise statement of the facts upon which the claim for relief is 
6.1 	based.  Respondent shall submit the response by United States mail to both the court and 
6.2 	the movant, and also by either e-mail or facsimile as provided by movant.  The respondent 
6.3 	shall complete an affidavit of mailing the response to the court and to the movant in 
6.4 	substantially the following form:

6.5	State of Minnesota)

6.6	)

6.7	County of ..............)
							
6.8 	............................, being the movant, being duly sworn, on oath, deposes and says 
6.9 	that on the ..... day of .........., ......., ..he mailed the response to court and the respondent 
6.10 	by placing a true and correct copy of the response in an envelope addressed to them as 
6.11 	shown depositing the same with postage prepaid, in the U.S. Mails at ............................, 
6.12 	Minnesota.
6.13 	Subscribed and sworn to before me this ..... day of ...................., .......
6.14 	(7) The clerk of the district court shall not collect a filing fee for filing a motion or a 
6.15 	response as provided in this section at the time of filing.
6.16 	(b)(1) If a hearing is timely requested, the court shall hold that hearing within five 
6.17 	days after the mailing of the response by the respondent or as soon thereafter as ordered 
6.18 	by the court.  After the hearing, the district court shall enter an appropriate finding of fact 
6.19 	and conclusion of law regarding the financing statement or other record filed under the 
6.20 	Uniform Commercial Code.  The filing officer shall not collect a filing fee for filing a 
6.21 	district court's finding of fact and conclusion of law as provided in this section except as 
6.22 	specifically directed by the court in its findings and conclusions.  A copy of the finding of 
6.23 	fact and conclusion of law must be sent to the movant, the respondent, and the person who 
6.24 	filed the financing statement or other record at the address listed in the motion or response 
6.25 	of each person within seven days of the date that the finding of fact and conclusion of 
6.26 	law is issued by the district court.
6.27 	(2) If no hearing request in substantially this form is received by the court by the 
6.28 	tenth day following the mailing of the original motion, the court's finding may be made 
6.29 	solely on a review of the documentation attached to the motion and without hearing any 
6.30 	testimonial evidence.  After that review, which will be conducted no later than five days 
6.31 	after the ten-day period has expired, the district court shall enter an appropriate finding of 
6.32 	fact and conclusion of law in a form as provided in paragraph (c) regarding the financing 
6.33 	statement or other record filed under the Uniform Commercial Code, the movant shall 
6.34 	cause an attested copy of which must be filed or recorded and indexed in the filing office 
7.1 	in the appropriate class of records in which the original financing statement or other 
7.2 	record was filed or recorded.  The filing officer shall not collect a filing fee for filing a 
7.3 	district court's finding of fact and conclusion of law as provided in this section except as 
7.4 	specifically directed by the court in its findings and conclusions.  A copy of the finding 
7.5 	of fact and conclusion of law must be sent to the movant, the respondent, and the person 
7.6 	who filed the financing statement or other record at the last known address of each person 
7.7 	within seven days of the date that the finding of fact and conclusion of law is issued 
7.8 	by the district court.
7.9 	(c) The findings of fact and conclusion of law for an expedited review where no 
7.10 	hearing has been requested must be in substantially the following form:
7.11 	MISCELLANEOUS DOCKET No.  ...........
7.12 	In Re:  A purported  Financing Statement In the district court  Against ...........In and 
7.13 	For ................ County,                           Minnesota   [Name of person who filed financing statement] 
7.14 	Judicial Finding of Fact and Conclusion of Law Regarding a Financing Statement or 
7.15 	Other Record Filed Under the Uniform Commercial Code - Secured Transactions 
7.16 	On the (number) day of (month), (year), in the above entitled and numbered cause, 
7.17 	this court reviewed a motion, verified by affidavit, of (name) and the documentation 
7.18 	attached thereto.  The respondent did not respond within the required ten-day period.  No 
7.19 	testimony was taken from any party, nor was there any notice of the court's review, the 
7.20 	court having made the determination that a decision could be made solely on review of the 
7.21 	documentation as provided in Minnesota Statutes, section 545.05.
7.22 	The court finds as follows (only an item or subitem checked and initialed is a valid 
7.23 	court ruling):
7.24 	[..] The documentation attached to the motion IS filed or recorded with the 
7.25 	authorization of the obligor, person named as debtor, or owner of collateral described or 
7.26 	indicated in the financing statement or other record, or by consent of an agent, fiduciary, or 
7.27 	other representative of that person, or with the authorization of the secured party of record 
7.28 	in the case of an amendment or termination.
7.29 	[..] The documentation attached to the motion IS NOT filed or recorded with the 
7.30 	authorization of the obligor, person named as debtor, or owner of collateral described 
7.31 	or indicated in such documentation, or by consent of an agent, fiduciary, or other 
7.32 	representative of that person, or with the authorization of the secured party of record in the 
7.33 	case of an amendment or termination and, IS NOT an effective financing statement or 
7.34 	other record under the Uniform Commercial Code - Secured Transactions of this state.
7.35 	[..] This court makes no finding as to any underlying claims of the parties involved 
7.36 	and expressly limits its finding of fact and conclusion of law to the review of a ministerial 
8.1 	act. The filing officer shall remove the subject financing statement or other record from 
8.2 	the index so that the records are not reflected in or obtained as a result of any search, 
8.3 	standard or otherwise, conducted of those records, but shall retain them and this finding of 
8.4 	fact and conclusion of law in the filing office for the duration of the period for which they 
8.5 	would have otherwise been filed.
8.6 	SIGNED ON THIS THE ...... DAY of .......
8.7 	............. District Judge 
8.8 	............. District 
8.9 	............. County, Minnesota 
8.10 	(d) If a determination is made after a hearing, the court may assess all costs related 
8.11 	to the entire review, including, but not limited to, filing fees, attorney fees, administrative 
8.12 	costs, and any other costs against the losing party, to be paid to the prevailing party.
8.13 	(e) As used in this section, a financing statement or other record is fraudulent or 
8.14 	otherwise improper if it is filed without the authorization of the obligor, person named as 
8.15 	debtor, or owner of collateral described or indicated in the financing statement or other 
8.16 	record, or by consent of an agent, fiduciary, or other representative of that person or without 
8.17 	the consent of the secured party of record in the case of an amendment or termination.
8.18 	(f) As used in this paragraph, filing office or filing officer refers to the office or 
8.19 	officer where a financing statement or other record is appropriately filed or recorded as 
8.20 	provided by law, including, but not limited to, the county recorder, and the secretary of 
8.21 	state, and other filing officers related thereto.
8.22 	(g) If the movant files a subsequent motion under this section against any person 
8.23 	filing a financing statement or other record that is reviewed under this paragraph and 
8.24 	found to be filed or recorded with the authorization of the obligor, person named as debtor, 
8.25 	or owner of collateral described or indicated in the financing statement or other record, 
8.26 	or by consent of an agent, fiduciary, or other representative of that person, or with the 
8.27 	authorization of the secured party of record in the case of an amendment or termination, 
8.28 	the court may, in addition to assessing costs, order such other equitable relief against the 
8.29 	movant or enter other sanctions against the movant.
8.30 	(h) The chief judge of a district court may order that any or all proceedings under 
8.31 	this section be conducted and heard by other judicial officers of that district court.

8.32 	Sec. 2. [604.17] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE 
8.33 	IMPROPER FINANCING STATEMENTS; HARASSMENT.
8.34 		Subdivision 1.Definitions. For purposes of this section:
9.1 	(1) "financing statement" has the meaning given in section 336.9-102(a); and 
9.2 	(2) "filing officer" is defined as Uniform Commercial Code filing officer in each 
9.3 	jurisdiction.
9.4 		Subd. 2.Liability. (a) A person shall not knowingly cause to be presented for filing 
9.5 	or promote the filing of a financing statement that the person knows:
9.6 	(1) is forged;
9.7 	(2) is neither:
9.8 	(i) related to a valid lien or security agreement; nor 
9.9 	(ii) filed pursuant to section 336.9-502(d); or 
9.10 	(3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or 
9.11 	otherwise interfere with any person.
9.12 	(b) A person who violates paragraph (a) is liable to each injured person for:
9.13 	(1) the greater of:
9.14 	(i) $10,000; or 
9.15 	(ii) the actual damages caused by the violation;
9.16 	(2) court costs;
9.17 	(3) reasonable attorney fees;
9.18 	(4) related expenses of bringing the action, including investigative expenses; and 
9.19 	(5) exemplary damages in the amount determined by the court.
9.20 		Subd. 3.Cause of action. (a) The following persons may bring an action to enjoin 
9.21 	violation of this section or to recover damages under this section:
9.22 	(1) the obligor, the person named as the debtor, any person who owns an interest 
9.23 	in the collateral described or indicated in the financing statement, or any person harmed 
9.24 	by the filing of the financing statement;
9.25 	(2) the attorney general;
9.26 	(3) a county attorney; and 
9.27 	(4) a municipal attorney.
9.28 	(b) A filing officer may refer a matter to the attorney general or other appropriate 
9.29 	person for filing the legal actions under this section.
9.30 		Subd. 4.Venue. An action under this section may be brought in any district court in 
9.31 	the county in which the financing statement is presented for filing or in a county where 
9.32 	any of the persons named in subdivision 3, paragraph (a), clause (1), resides.
9.33 		Subd. 5.Filing fee. (a) The fee for filing an action under this section is $.......  The 
9.34 	plaintiff must pay the fee to the clerk of the court in which the action is filed.  Except as 
9.35 	provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or 
9.36 	expense by the clerk of the court or other public official in connection with the action.
10.1 	(b) The fee for service of notice of an action under this section charged to the 
10.2 	plaintiff may not exceed:
10.3 	(1) $....... if the notice is delivered in person; or 
10.4 	(2) the cost of postage if the service is by registered or certified mail.
10.5 	(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file 
10.6 	with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.
10.7 	(d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes 
10.8 	for filing other similar actions and the plaintiff prevails in the action, the court may order a 
10.9 	defendant to pay to the court the differences between the fee paid under paragraph (a) and 
10.10 	the filing fee the court imposes for filing other similar actions.
10.11 		Subd. 6.Other remedies. (a) An obligor, person named as a debtor, or owner of 
10.12 	collateral described or indicated by a financing statement in violation of subdivision 1, 
10.13 	paragraph (a), also may request specific relief, including, but not limited to, terminating 
10.14 	the financing statement and removing the debtor named in the financing statement from 
10.15 	the index such that it will not appear in a search under that debtor name.
10.16 	(b) This law is cumulative of other law under which a person may obtain judicial 
10.17 	relief with respect to any filed or recorded document.

10.18 	Sec. 3. [604.18] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE 
10.19 	IMPROPER FINANCING STATEMENTS; STRAW MAN.
10.20 		Subdivision 1.Definitions. For purposes of this section:
10.21 	(1) "financing statement" has the meaning given in section 336.9-102(a) of the 
10.22 	Uniform Commercial Code; and 
10.23 	(2) filing officer" is defined as Uniform Commercial Code filing officer in each 
10.24 	jurisdiction.
10.25 		Subd. 2.Liability. (a) A person shall not knowingly cause to be presented for filing 
10.26 	or promote the filing of a financing statement that the person knows:
10.27 	(1) is forged;
10.28 	(2) is neither:
10.29 	(i) related to a valid lien or security agreement; nor 
10.30 	(ii) filed pursuant to section 336.9-502(d); or 
10.31 	(3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or 
10.32 	otherwise interfere with any person.
10.33 	(b) A person who violates paragraph (a) is liable to each injured person for:
10.34 	(1) the greater of:
10.35 	(i) $10,000; or 
11.1 	(ii) the actual damages caused by the violation;
11.2 	(2) court costs;
11.3 	(3) reasonable attorney fees;
11.4 	(4) related expenses of bringing the action, including investigative expenses; and 
11.5 	(5) exemplary damages in the amount determined by the court.
11.6 		Subd. 3.Cause of action. (a) The following persons may bring an action to enjoin 
11.7 	violation of this section or to recover damages under this section:
11.8 	(1) the obligor, the person named as the debtor, any person who owns an interest 
11.9 	in the collateral described or indicated in the financing statement, or any person harmed 
11.10 	by the filing of the financing statement;
11.11 	(2) the attorney general;
11.12 	(3) a county attorney;
11.13 	(4) a municipal attorney; and 
11.14 	(5) a person who has been damaged as a result of an action taken in reliance on the 
11.15 	filed financing statement.
11.16 	(b) A filing officer may refer a matter to the attorney general or other appropriate 
11.17 	person for filing the legal actions under this section.
11.18 		Subd. 4.Venue. An action under this section may be brought in any district court in 
11.19 	the county in which the financing statement is presented for filing or in a county where 
11.20 	any of the persons named in subdivision 3, paragraph (a), clause (1), resides.
11.21 		Subd. 5.Filing fee. (a) The fee for filing an action under this chapter is $.......  The 
11.22 	plaintiff must pay the fee to the clerk of the court in which the action is filed.  Except as 
11.23 	provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or 
11.24 	expense by the clerk of the court or other public official in connection with the action.
11.25 	(b) The fee for service of notice of an action under this section charged to the 
11.26 	plaintiff may not exceed:
11.27 	(1) $....... if the notice is delivered in person; or 
11.28 	(2) the cost of postage if the service is by registered or certified mail.
11.29 	(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file 
11.30 	with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.
11.31 	(d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes 
11.32 	for filing other similar actions and the plaintiff prevails in the action, the court may order a 
11.33 	defendant to pay to the court the differences between the fee paid under paragraph (a) and 
11.34 	the filing fee the court imposes for filing other similar actions.
11.35 		Subd. 6.Other remedies. (a) An obligor, person named as a debtor, or owner of 
11.36 	collateral described or indicated by a financing statement in violation of subdivision 1, 
12.1 	paragraph (a), also may request specific relief, including, but not limited to, terminating 
12.2 	the financing statement and removing the debtor named in the financing statement from 
12.3 	the index such that it will not appear in a search under that debtor name.
12.4 	(b) This law is cumulative of other law under which a person may obtain judicial 
12.5 	relief with respect to any filed or recorded document.

12.6 	Sec. 4. [609.7475] FRAUDULENT OR OTHERWISE IMPROPER FINANCING 
12.7 	STATEMENTS; HARASSMENT AND STRAW MAN.
12.8 	(a) A person commits an offense if the person knowingly causes to be presented 
12.9 	for filing, or promotes the filing of, a record as defined in section 336.9-102 that the 
12.10 	person knows:
12.11 	(1) is neither:
12.12 	(i) related to a valid lien or security agreement; nor 
12.13 	(ii) filed pursuant to section 336.9-502(d);
12.14 	(2) contains a forged signature or is based upon a document containing a forged 
12.15 	signature; and 
12.16 	(3) is presented for filing or caused to be presented for filing with the intent that it be 
12.17 	used for an improper purpose or purposes, such as to harass, hinder, defraud, or otherwise 
12.18 	interfere with any person.
12.19 	(b) An offense under this section is a gross misdemeanor, except that if the 
12.20 	circumstances set forth in section 609.749, subdivision 3, are met, in which event the 
12.21 	offense is a felony.

12.22 	Sec. 5. Minnesota Statutes 2005 Supplement, section 609.749, subdivision 2, is 
12.23 	amended to read:
12.24 		Subd. 2.Harassment and stalking crimes. (a) A person who harasses another by 
12.25 	committing any of the following acts is guilty of a gross misdemeanor:
12.26 	(1) directly or indirectly manifests a purpose or intent to injure the person, property, 
12.27 	or rights of another by the commission of an unlawful act;
12.28 	(2) stalks, follows, monitors, or pursues another, whether in person or through 
12.29 	technological or other means;
12.30 	(3) returns to the property of another if the actor is without claim of right to the 
12.31 	property or consent of one with authority to consent;
12.32 	(4) repeatedly makes telephone calls, or induces a victim to make telephone calls to 
12.33 	the actor, whether or not conversation ensues;
12.34 	(5) makes or causes the telephone of another repeatedly or continuously to ring;
13.1 	(6) repeatedly mails or delivers or causes the delivery by any means, including 
13.2 	electronically, of letters, telegrams, messages, packages, or other objects; or
13.3 	(7) knowingly makes false allegations against a peace officer concerning the 
13.4 	officer's performance of official duties with intent to influence or tamper with the officer's 
13.5 	performance of official duties.; or
13.6 	(8) knowingly causes to be presented for filing, or promotes the filing of, a record as 
13.7 	defined in section 9-102 of the Uniform Commercial Code that the person knows:
13.8 	(i) is neither:
13.9 	(A) related to a valid lien or security agreement; nor 
13.10 	(B) filed pursuant to section 9-502(d) of the Uniform Commercial Code;
13.11 	(ii) contains a forged signature; and 
13.12 	(iii) is presented for filing or caused to be presented for filing with the intent that 
13.13 	it be used for an improper purpose or purposes, such as to harass, hinder, defraud, or 
13.14 	otherwise interfere with any person.
13.15 	(b) The conduct described in paragraph (a), clauses (4) and (5), may be prosecuted at 
13.16 	the place where any call is either made or received or, additionally in the case of wireless 
13.17 	or electronic communication, where the actor or victim resides. The conduct described 
13.18 	in paragraph (a), clause (2), may be prosecuted where the actor or victim resides. The 
13.19 	conduct described in paragraph (a), clause (6), may be prosecuted where any letter, 
13.20 	telegram, message, package, or other object is either sent or received or, additionally in 
13.21 	the case of wireless or electronic communication, where the actor or victim resides. The 
13.22 	conduct described in paragraph (a), clause (8), may be prosecuted in either the county of 
13.23 	residence of the individual named as debtor, or the county in which the filing is made.
13.24 	(c) A peace officer may not make a warrantless, custodial arrest of any person for a 
13.25 	violation of paragraph (a), clause (7).