SF 2054

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to government; providing for protection of 
  1.3             public officials and employees; prohibiting the filing 
  1.4             of fraudulent liens; providing criminal penalties and 
  1.5             civil remedies; proposing coding for new law in 
  1.6             Minnesota Statutes, chapters 514; and 609. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [SHORT TITLE.] 
  1.9      Sections 1 to 4 may be cited as the "Antipaper Terrorism 
  1.10  Act." 
  1.11     Sec. 2. [514.99] [NONCONSENSUAL COMMON LAW LIENS.] 
  1.12     Subdivision 1.  [DEFINITIONS.] (a) "Public official or 
  1.13  employee" means:  
  1.14     (1) an elected or appointed official or an employee of a 
  1.15  state, a department, agency or public instrumentality of a 
  1.16  state, or a political subdivision of a state; or 
  1.17     (2) an employee of the federal government or a federal 
  1.18  agency as defined for purposes of the Federal Tort Claims Act, 
  1.19  United States Code, title 28, section 2671. 
  1.20     (b) "Lien" means an encumbrance on property as security for 
  1.21  the payment of debt. 
  1.22     (c) "Nonconsensual common law lien" means a lien that: 
  1.23     (1) is not provided for by a specific state or federal 
  1.24  statute; 
  1.25     (2) does not depend upon the consent of the owner of the 
  1.26  property affected for its existence; 
  2.1      (3) is not a court-imposed equitable or constructive lien; 
  2.2   and 
  2.3      (4) is not of a kind commonly utilized in legitimate 
  2.4   commercial transactions. 
  2.5      Subd. 2.  [NO DUTY TO ACCEPT NONCONSENSUAL COMMON LAW 
  2.6   LIENS; NOTICE OF INVALID LIEN.] (a) No person has a duty to 
  2.7   accept for filing or recording a claim of nonconsensual common 
  2.8   law lien unless the claim is accompanied by a specific order 
  2.9   from a court of competent jurisdiction authorizing the filing of 
  2.10  the lien, nor does a person have a duty to reject for filing or 
  2.11  recording a claim of lien, except as provided by paragraph (b). 
  2.12     (b) If a claim of lien as described in paragraph (a) 
  2.13  against a public official or employee has been accepted for 
  2.14  filing, the recording officer shall accept for filing and 
  2.15  recording a notice of invalid lien signed and submitted by a 
  2.16  government attorney representing the public official or employee 
  2.17  or the governmental entity of which the individual is an 
  2.18  official or employee.  A copy of the notice of invalid lien 
  2.19  shall be mailed by the attorney to the person who filed the 
  2.20  claim of lien at that person's last known address. 
  2.21     (c) No recording officer, recording office, or governmental 
  2.22  entity is liable for the acceptance or rejection for filing or 
  2.23  recording of a claim of nonconsensual common law lien or a 
  2.24  notice invalid lien. 
  2.25     Subd. 3.  [PETITION FOR RELEASE OF NONCONSENSUAL COMMON LAW 
  2.26  LIEN.] (a) A person having an interest in real or personal 
  2.27  property subject to a recorded claim of nonconsensual common law 
  2.28  lien or a lien prohibited by this section, who believes the 
  2.29  claim of lien is invalid, may petition the district court of the 
  2.30  county in which the claim of lien has been recorded for an 
  2.31  order, which may be granted ex parte, directing the lien 
  2.32  claimant to appear before the court at a time no earlier than 
  2.33  six nor later than 21 days following the date of service of the 
  2.34  petition and order on the lien claimant, and show cause, if any, 
  2.35  why the claim of lien should not be granted.  The petition must 
  2.36  state the grounds upon which relief is requested, and must be 
  3.1   supported by the affidavit of the petitioner or petitioner's 
  3.2   attorney setting forth a concise statement of the facts upon 
  3.3   which the petition is based.  The clerk of the court shall 
  3.4   assign a case number on the miscellaneous docket to the petition 
  3.5   and obtain from the petitioner a filing fee of $50.  The 
  3.6   proceeding shall be expedited, and the Rules of Civil Procedure 
  3.7   need not apply. 
  3.8      (b) The order to show cause shall be served upon the lien 
  3.9   claimant by personal service or by mailing copies of the 
  3.10  petition and order to the lien claimant at the claimant's last 
  3.11  known address or any other address determined by the court to be 
  3.12  likely to give actual notice, or as the court may in its 
  3.13  discretion determine is appropriate, including by publication. 
  3.14  The envelopes must bear the return address of the sender.  If 
  3.15  service is allowed by publication, it must be made at least once 
  3.16  a week for not less than two consecutive weeks in a newspaper of 
  3.17  general circulation in the county in which the claim of lien has 
  3.18  been recorded designated by the court, with a copy of the last 
  3.19  notice mailed first class, postage prepaid to the lien claimant. 
  3.20     (c) The order to show cause must clearly state that if the 
  3.21  lien claimant fails to appear at the time and place noted, the 
  3.22  claimed lien shall be stricken and released and that the lien 
  3.23  claimant shall be ordered to pay actual damages and the costs 
  3.24  incurred by the petitioner, including reasonable attorney fees. 
  3.25     (d) If, following a hearing on the matter, the court 
  3.26  determines that the claimed lien is invalid, the court shall 
  3.27  issue an order striking and releasing the claim of lien and 
  3.28  shall award actual damages, costs, and reasonable attorney fees 
  3.29  to the petitioner to be paid by the lien claimant.  If the court 
  3.30  determines that the claim of lien is valid, the court shall 
  3.31  issue an order so stating and may award costs and reasonable 
  3.32  attorney fees to the lien claimant to be paid by the petitioner. 
  3.33     Subd. 4.  [LIENS AGAINST PUBLIC OFFICIALS AND EMPLOYEES.] A 
  3.34  claim of lien against a public official or employee based on the 
  3.35  performance or nonperformance of that official's or employee's 
  3.36  duties is invalid unless accompanied by a specific order from a 
  4.1   court of competent jurisdiction authorizing the filing of the 
  4.2   lien or unless a specific statute authorizes the filing of the 
  4.3   lien. 
  4.4      Subd. 5.  [PENALTIES.] A person who submits or is 
  4.5   responsible for submitting for recording or filing any document 
  4.6   purporting to create a nonconsensual common law lien or lien in 
  4.7   violation of this section against real property, knowing or 
  4.8   having reason to know that the document is forged or groundless, 
  4.9   contains a material misstatement or false claim, or is otherwise 
  4.10  invalid, is liable to the owner of the real property for not 
  4.11  less than $5,000 or for actual damages caused thereby, whichever 
  4.12  is greater, together with costs and reasonable attorney fees.  A 
  4.13  grantee or other person purportedly benefited by a recorded 
  4.14  document that creates a nonconsensual common law lien or lien in 
  4.15  violation of this section against real property and is forged or 
  4.16  groundless, contains a material misstatement or false claim, or 
  4.17  is otherwise invalid, who willfully refuses to release the 
  4.18  document or record upon request of the owner of the real 
  4.19  property affected, is liable to the owner for the damages and 
  4.20  attorney fees provided in this section. 
  4.21     Sec. 3.  [609.481] [ATTEMPTS TO INTERFERE WITH THE 
  4.22  PERFORMANCE OF A PUBLIC OFFICIAL'S OR EMPLOYEE'S DUTIES.] 
  4.23     Subdivision 1.  [DEFINITIONS.] (a) "Force" includes, but is 
  4.24  not limited to, force directed at the person or property of a 
  4.25  public official or employee or an immediate family member of a 
  4.26  public official or employee. 
  4.27     (b) "Public official" or "employee" means (1) an elected or 
  4.28  appointed official or an employee of a state, a department, 
  4.29  agency or public instrumentality of a state, or a political 
  4.30  subdivision of a state, or (2) an employee of the federal 
  4.31  government or a federal agency as defined for purposes of the 
  4.32  Federal Tort Claims Act, United States Code, title 28, section 
  4.33  2671. 
  4.34     (c) "Immediate family member of a public official or 
  4.35  employee" means the person's spouse, parent, sibling, child, or 
  4.36  person to whom the public official or employee stands in loco 
  5.1   parentis; or any other person living in the public official's or 
  5.2   employee's household and related to the public official or 
  5.3   employee by blood, marriage, or adoption.  Spouse as used in 
  5.4   this paragraph includes a person to whom the public official or 
  5.5   employee is engaged to be married or who cohabits with the 
  5.6   public official or employee as a spouse. 
  5.7      Subd. 2.  [THREATENING LETTER OR COMMUNICATION; ACTS 
  5.8   CONSTITUTING.] Whoever intentionally, by force, threats of 
  5.9   force, including a threatening letter or communication, or in 
  5.10  any other manner attempts to intimidate a public official or 
  5.11  employee, engaged in or on account of the official's or 
  5.12  employee's official duties shall be imprisoned for not more than 
  5.13  five years, fined not more than $10,000, or both. 
  5.14     Subd. 3.  [FRIVOLOUS LIENS; ACTS CONSTITUTING.] Whoever 
  5.15  files, or endeavors to file, in any public record, or in any 
  5.16  private record which is generally available to the public, any 
  5.17  lien, encumbrance, or other document that creates, or attempts 
  5.18  to create, a cloud on the title of any real or personal property 
  5.19  belonging in whole or in part to any public official or 
  5.20  employee, with intent to intimidate, obstruct, or impede such 
  5.21  official or employee and knowing or having reason to know that 
  5.22  such lien, encumbrance, or other document is frivolous or 
  5.23  groundless under federal or state law, shall be imprisoned for 
  5.24  not more than one year, fined not more than $5,000, or both. 
  5.25     Sec. 4.  [609.482] [FALSE ASSERTION OF AUTHORITY.] 
  5.26     Subdivision 1.  [DEFINITION.] For purposes of this section, 
  5.27  "public official or employee" means: 
  5.28     (1) an elected or appointed official or an employee of a 
  5.29  state, a department, agency or public instrumentality of a 
  5.30  state, or a political subdivision of a state; or 
  5.31     (2) an employee of the federal government or a federal 
  5.32  agency as defined for purposes of the Federal Tort Claims Act, 
  5.33  United States Code, title 28, section 2671. 
  5.34     Subd. 2.  [ACTS CONSTITUTING.] Whoever: 
  5.35     (1) deliberately impersonates or falsely acts as a public 
  5.36  officer or tribunal, public employee, or a law enforcement 
  6.1   authority in connection with or relating to an actual or 
  6.2   purported legal process affecting persons or property; or 
  6.3      (2) simulates legal process including, but not limited to, 
  6.4   actions affecting title to real or personal property, 
  6.5   indictments, subpoenas, warrants, injunctions, liens, orders, 
  6.6   judgments, or any legal documents or proceedings, knowing or 
  6.7   having reason to know the contents of the documents or 
  6.8   proceedings or the basis for any action to be fraudulent; or 
  6.9      (3) while acting falsely in asserting authority of law 
  6.10  takes action against persons or property; or 
  6.11     (4) while acting falsely in asserting authority of law 
  6.12  attempts in any way to influence, intimidate, or hinder a public 
  6.13  official or employee in the discharge of his official duties by 
  6.14  means of, but not limited to, threats of or actual physical 
  6.15  abuse, harassment, or through the use of simulated legal 
  6.16  process, 
  6.17  shall be imprisoned for not more than five years, fined not more 
  6.18  than $10,000, or both. 
  6.19     Subd. 3.  [LIMITATIONS.] (a) Nothing in this section makes 
  6.20  unlawful an act of a law enforcement officer or legal tribunal 
  6.21  that is performed under lawful authority. 
  6.22     (b) Nothing in this section prohibits individuals from 
  6.23  assembling freely to express opinions or designate group 
  6.24  affiliation or association. 
  6.25     (c) Nothing in this section prohibits or in any way limits 
  6.26  a person's lawful and legitimate access to the courts or 
  6.27  prevents a person from instituting or responding to legitimate 
  6.28  and lawful legal process.