2003 House Bill 5148 / 2004 Public Act 212

Baseless property security interest filing penalties

Introduced in the House

Oct. 9, 2003

Introduced by Rep. Scott Shackleton (R-107)

To make it a misdemeanor to file false finance statements of the type used to perfect a security interest in property owned by another to whom one has lent money, to allow baseless filings to be removed from public records, and to require debtors to be notified by the Secretary of State any filings. Reportedly there are instances of individuals falsely filing these statements against others as a means of retribution, and under current law there is no test for their validity and no way to have baseless filings removed.

Referred to the Committee on Government Operations

Jan. 20, 2004

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

Feb. 3, 2004

Substitute offered

To replace the previous version of the bill with one which incorporates technical changes, and which also raises the fees imposed by the Secretary of State for filing and searching financing statements.

The substitute passed by voice vote

Passed in the House 103 to 0 (details)

To make it a misdemeanor to file false finance statements of the type used to perfect a security interest in property owned by another to whom one has lent money, to allow baseless filings to be removed from public records, and to require debtors to be notified by the Secretary of State any filings. Reportedly there are instances of individuals falsely filing these statements against others as a means of retribution, and under current law there is no test for their validity and no way to have baseless filings removed. The bill also raises the fees imposed by the Secretary of State for filing and searching financing statements.

Received in the Senate

Feb. 4, 2004

Referred to the Committee on Economic Development, Small Business, and Regulatory Reform

June 8, 2004

Reported without amendment

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

June 15, 2004

Substitute offered

To replace the previous version of the bill with one that makes this offense a felony pubishable by up to five years in prison.

The substitute passed by voice vote

June 16, 2004

Passed in the Senate 36 to 0 (details)

To make it a felony to file false finance statements of the type used to perfect a security interest in property owned by another to whom one has lent money, to allow baseless filings to be removed from public records, and to require debtors to be notified by the Secretary of State any filings. Reportedly there are instances of individuals falsely filing these statements against others as a means of retribution, and under current law there is no test for their validity and no way to have baseless filings removed. The bill also raises the fees imposed by the Secretary of State for filing and searching financing statements.

Received in the House

June 16, 2004

June 30, 2004

Passed in the House 100 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

July 14, 2004