Bill Text: MN SF1030 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Secretary of state business organizations duties and responsibilities provisions modifications
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-05-09 - HF substituted on General Orders HF1112 [SF1030 Detail]
Download: Minnesota-2013-SF1030-Introduced.html
1.2relating to business organizations; modifying certain duties and responsibilities
1.3of the secretary of state;amending Minnesota Statutes 2012, sections 5.002;
1.4308B.215, subdivision 1; 321.0809; 321.0906; 321.1206; 323A.1102; 333.055,
1.5subdivision 2; 333.22, subdivision 2; 336.9-531; 336A.14.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 5.002, is amended to read:
1.85.002 E-MAIL ADDRESSES.
1.9(a) The secretary of state is authorized to provide a field on each of the forms and on
1.10each online entry screen, used to file business entity filings, Uniform Commercial Code
1.11records, and central notification system filings, for the collection of an e-mail address to
1.12which the secretary of state can forward official notices required by law and other notices
1.13to the business entity, assumed name, or the person filing the Uniform Commercial Code
1.14or central notification system record. The e-mail address may be updated by or on behalf
1.15of the business entity by sending a notification of the change to the secretary of state. No
1.16fee shall be charged for an e-mail address update.
1.17(b) Except as provided in paragraph (c), the business entity, holder of assumed
1.18name, or other person providing the e-mail address under this section may indicate on
1.19the screen that they do not wish the e-mail address provided under this section to be
1.20provided as bulk data.
1.21(c) If the e-mail address in paragraph (b) is provided to the requester as a portion of
1.22a digitally scanned or digitally created image, as part of a specific request for the records
1.23of the entity or of a specific lien debtor, the e-mail address on that image is public.
2.1 Sec. 2. Minnesota Statutes 2012, section 308B.215, subdivision 1, is amended to read:
2.2 Subdivision 1. Requirements. (a) The articles of the cooperative shall include:
2.3(1) the name of the cooperative;
2.4(2) the purpose of the cooperative;
2.5(3) the name and address of each organizer;
2.6(4) the period of duration for the cooperative, if the duration is not to be perpetual;
2.7(5) the name of the registered agent, if any; and
2.8(6) the address of the registered office.
2.9(b) The articles may contain any other lawful provision.
2.10(c) The articles shall be signed by the organizers.
2.11 Sec. 3. Minnesota Statutes 2012, section 321.0809, is amended to read:
2.12321.0809 ADMINISTRATIVE DISSOLUTION.
2.13(a) A limited partnership that has failed to deliver for filing a registration pursuant
2.14to the requirements of section321.0210 , or whose agent resigned pursuant to section
2.15321.0116, subdivision 1
, and the resignation has been effective for 30 days without a new
2.16agent being appointed by the limited partnership, must be dissolved by the secretary of
2.17state as described in this section.
2.18(b) The secretary of state must attempt to provide notice of dissolution tothe each
2.19 limited partnership whose agent resigned pursuant to section 321.0116, subdivision 1, if
2.20the resignation of the agent has been effective for 30 days without a new agent being
2.21appointed by the limited partnership. If the limited partnership has notfiled the delinquent
2.22registration or appointed a new agent within 30 days after the secretary of state attempted
2.23to provide notice to the limited partnership, or if the limited partnership has not filed the
2.24delinquent registration, the secretary of state must issue a certificate of administrative
2.25dissolution and the certificate must be filed in the Office of the Secretary of State. The
2.26secretary of state must also make available in an electronic format the names of the
2.27administratively dissolved limited partnerships.
2.28(c) A limited partnership administratively dissolved continues its existence but
2.29may carry on only activities necessary to wind up its activities and liquidate its assets
2.30under sections321.0803 and
321.0812 and to notify claimants under sections
321.0806
2.31and
321.0807 .
2.32(d) The administrative dissolution of a limited partnership does not terminate the
2.33authority of its agent for service of process, if any.
3.1 Sec. 4. Minnesota Statutes 2012, section 321.0906, is amended to read:
3.2321.0906 REVOCATION OF CERTIFICATE OF AUTHORITY.
3.3(a) A foreign limited partnership that has failed to deliver for filing a renewal
3.4pursuant to the requirements of section321.0210 , or whose agent resigned pursuant to
3.5section321.0116, subdivision 1 , and the resignation has been effective for 30 days without
3.6a new agent being appointed by the limited partnership, must have its certificate of
3.7authority to transact business in Minnesota revoked as described in this section.
3.8(b) The secretary of state must attempt to provide notice of revocation tothe
3.9 each foreign limited partnership, whose agent resigned pursuant to section 321.0116,
3.10subdivision 1, if the resignation of the agent has been effective for 30 days without a
3.11new agent being appointed by the limited partnership. If the foreign limited partnership
3.12has notfiled the delinquent registration appointed a new agent within 30 days after the
3.13secretary of state attempted to provide notice to the foreign limited partnership, or if the
3.14foreign limited partnership has not filed the delinquent registration, the secretary of state
3.15must issue a certificate of revocation and the certificate must be filed in the Office of the
3.16Secretary of State. The secretary of state must also make available in an electronic format
3.17the names of the foreign limited partnerships whose certificates have been revoked.
3.18 Sec. 5. Minnesota Statutes 2012, section 321.1206, is amended to read:
3.19321.1206 APPLICATION TO EXISTING RELATIONSHIPS.
3.20(a) Beginning January 1, 2005, no person may use chapter 322A to form an entity.
3.21(b) Before January 1, 2007, this chapter governs only:
3.22(1) a limited partnership formed on or after January 1, 2005; and
3.23(2) except as otherwise provided in subsection (d):
3.24(i) a limited partnership formed under chapter 322A which elects, in the manner
3.25provided in its partnership agreement or by law for amending the partnership agreement,
3.26to be subject to this chapter; and
3.27(ii) a limited partnership formed under chapter 322, if the limited partnership elects
3.28pursuant to subsection (f) to be subject to this chapter.
3.29(c) Except as otherwise provided in subsection (d), on and after January 1, 2007,
3.30this chapter governs:
3.31(1) any limited partnership formed under chapter 322A which has not previously
3.32elected to be governed by this chapter and is still in existence on January 1, 2007; and
3.33(2) all limited partnerships, except for limited partnerships formed under chapter
3.34322 that have not previously elected to become governed by this chapter or chapter 322A,
3.35including each limited partnership formed under chapter 322A which has previously
4.1elected to become governed by this chapter and each limited partnership formed under
4.2chapter 322 which has elected, previously or otherwise, to be governed by this chapter.
4.3(d) With respect to a limited partnership formed before January 1, 2005, the
4.4following rules apply except as the partners otherwise elect in the manner provided in the
4.5partnership agreement or by law for amending the partnership agreement:
4.6(1) section 321.0104(c) does not apply and the limited partnership has whatever
4.7duration it had under the law applicable immediately before the limited partnership became
4.8subject to this chapter, as reflected solely in the certificate of limited partnership and
4.9amendments to it, notwithstanding other notations in the record of the secretary of state;
4.10(2) the limited partnership is not required to amend its certificate of limited
4.11partnership to comply with section 321.0201(a)(4);
4.12(3) sections321.0601 and
321.0602 do not apply and a limited partner has the same
4.13right and power to dissociate from the limited partnership, with the same consequences, as
4.14existed immediately before the limited partnership became subject to this chapter;
4.15(4) section 321.0603(4) does not apply;
4.16(5) section 321.0603(5) does not apply and a court has the same power to expel
4.17a general partner as the court had immediately before the limited partnership became
4.18subject to this chapter; and
4.19(6) section 321.0801(3) does not apply and the connection between a person's
4.20dissociation as a general partner and the dissolution of the limited partnership is the same
4.21as existed immediately before the limited partnership became subject to this chapter.
4.22(e) If subsection (c) causes a limited partnership that is a limited liability limited
4.23partnership under section322A.88 to become subject to this chapter:
4.24(1) if immediately before the limited partnership that is a limited liability limited
4.25partnership under section322A.88 became subject to this chapter its name complied with
4.26section322A.02 , the limited partnership may maintain its name even if the name does
4.27not comply with section 321.0108(c); and
4.28(2) the statement of qualification of the limited partnership that is a limited liability
4.29limited partnership under section322A.88 , on file with the secretary of state pursuant to
4.30section 322A.88(a)(2), is deemed to amend the limited partnership's certificate of limited
4.31partnership to state that the limited partnership is a limited liability limited partnership.
4.32(f) On or after January 1, 2005, a limited partnership formed under chapter 322 may
4.33become subject to this chapter if:
4.34(1) it elects, in the manner provided in its partnership agreement or by law for
4.35amending the partnership agreement, to be subject to this chapter;
5.1(2) neither its certificate of limited partnership nor its partnership agreement prohibit
5.2the election;
5.3(3) its certificate of limited partnership, on file with the county recorder, is amended
5.4to state the election and, as may be necessary, to comply with this chapter; and
5.5(4) a certified copy of the amended certificate of limited partnership, and of all
5.6other limited partnership documents previously filed with the county recorder, is filed
5.7with the secretary of state.
5.8 Sec. 6. Minnesota Statutes 2012, section 323A.1102, is amended to read:
5.9323A.1102 STATEMENT OF FOREIGN QUALIFICATION.
5.10(a) Before transacting business in this state, a foreign limited liability partnership
5.11must file a statement of foreign qualification. The statement must contain:
5.12(1) the name of the foreign limited liability partnership which satisfies the
5.13requirements of the state or other jurisdiction under whose law it is formed and ends with
5.14"Registered Limited Liability Partnership," "Limited Liability Partnership," "R.L.L.P.,"
5.15"L.L.P.," "RLLP," or "LLP." A foreign limited liability partnership may use an alternate
5.16name to transact business in the state if itdelivers to the secretary of state a certified copy
5.17of the resolution of the partners adopting the alternate name lists the alternate name in
5.18the statement;
5.19(2) the street address, including the zip code, of the partnership's chief executive
5.20office and, if different, the street address, including the zip code, of an office of the
5.21partnership in this state, if any;
5.22(3) if there is no office of the partnership in this state, the name and street address,
5.23including the zip code, of the partnership's agent for service of process. If an agent for
5.24service of process is listed, the limited liability partnership shall comply with section5.36 ;
5.25(4) a deferred effective date, if any; and
5.26(5) the name of the jurisdiction under whose law the foreign limited liability
5.27partnership was originally registered.
5.28(b) The agent of a foreign limited liability company for service of process must be
5.29an individual who is a resident of this state or other person authorized to do business in
5.30this state.
5.31(c) The status of a partnership as a foreign limited liability partnership is effective on
5.32the later of the filing of the statement of foreign qualification or a date specified in the
5.33statement. The status remains effective, regardless of changes in the partnership, until it is
5.34canceled pursuant to section 323A.0105(d) or revoked pursuant to section323A.1003 .
6.1(d) An amendment or cancellation of a statement of foreign qualification is effective
6.2when it is filed or on a deferred effective date specified in the amendment or cancellation.
6.3(e) A statement of foreign qualification may include the information necessary to
6.4make an election under section319B.04, subdivision 2 , and to update that information as
6.5provided in section319B.04, subdivision 3 .
6.6 Sec. 7. Minnesota Statutes 2012, section 333.055, subdivision 2, is amended to read:
6.7 Subd. 2. Reinstatement. Any assumed name certificate that expires as a result of
6.8failing to file the annual renewal, and any assumed name certificate filed prior to September
6.95, 2011, that expires because of the expiration of the original or renewed ten-year term,
6.10 may be reinstated by filing the annual renewal with the $25 reinstatement fee.
6.11 Sec. 8. Minnesota Statutes 2012, section 333.22, subdivision 2, is amended to read:
6.12 Subd. 2. Renewal notice. The secretary of state shall notify each registrant of a
6.13mark hereunder of the necessity of renewal thereofby writing to the last known address of
6.14the registrant approximately six months prior to the registration's expiration date.
6.15 Sec. 9. Minnesota Statutes 2012, section 336.9-531, is amended to read:
6.16336.9-531 ELECTRONIC ACCESS; LIABILITY; RETENTION.
6.17(a) Electronic access. The secretary of state may allow private parties to have
6.18electronic access to the central filing system and to other computerized records maintained
6.19by the secretary of state on a fee basis, except that: (1) visual access to electronic display
6.20terminals at the public counters at the Secretary of State's Office must be without charge
6.21and must be available during public counter hours; and (2) access by law enforcement
6.22personnel, acting in an official capacity, must be without charge. If the central filing
6.23system allows a form of electronic access to information regarding the obligations of
6.24debtors, the access must be available 24 hours a day, every day of the year.
6.25A Social Security numberor tax identification number maintained by the secretary
6.26of state under this section is private data on individuals or nonpublic data, as defined in
6.27section13.02 .
6.28(b) Liability. The secretary of state, county recorders, and their employees and
6.29agents are not liable for any loss or damages arising from errors in or omissions from
6.30information entered into the central filing system as a result of the electronic transmission
6.31of tax lien notices under sections268.058, subdivision 1, paragraph (c) ;
270C.63,
6.32subdivision 4 ;
272.483 ; and
272.488 , subdivisions 1 and 3.
7.1The state, the secretary of state, counties, county recorders, and their employees and
7.2agents are immune from liability that occurs as a result of errors in or omissions from
7.3information provided from the central filing system.
7.4(c) Retention. Once the image of a paper record has been captured by the central
7.5filing system, the secretary of state may remove or direct the removal from the files and
7.6destroy the paper record.
7.7 Sec. 10. Minnesota Statutes 2012, section 336A.14, is amended to read:
7.8336A.14 RESTRICTED USE OF INFORMATION.
7.9A Social Security numberor tax identification number maintained by the secretary
7.10of state under this section is private data on individuals or nonpublic data, as defined in
7.11section13.02 . Information obtained from the seller of a farm product relative to the Social
7.12Security number or tax identification number of the true owner of the farm product and all
7.13information obtained from the master or limited list may not be used for purposes that are
7.14not related to: (1) purchase of a farm product; (2) taking a security interest against a farm
7.15product; or (3) perfecting a farm product statutory lien.
1.3of the secretary of state;amending Minnesota Statutes 2012, sections 5.002;
1.4308B.215, subdivision 1; 321.0809; 321.0906; 321.1206; 323A.1102; 333.055,
1.5subdivision 2; 333.22, subdivision 2; 336.9-531; 336A.14.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 5.002, is amended to read:
1.85.002 E-MAIL ADDRESSES.
1.9(a) The secretary of state is authorized to provide a field on each of the forms and on
1.10each online entry screen, used to file business entity filings, Uniform Commercial Code
1.11records, and central notification system filings, for the collection of an e-mail address to
1.12which the secretary of state can forward official notices required by law and other notices
1.13to the business entity, assumed name, or the person filing the Uniform Commercial Code
1.14or central notification system record. The e-mail address may be updated by or on behalf
1.15of the business entity by sending a notification of the change to the secretary of state. No
1.16fee shall be charged for an e-mail address update.
1.17(b) Except as provided in paragraph (c), the business entity, holder of assumed
1.18name, or other person providing the e-mail address under this section may indicate on
1.19the screen that they do not wish the e-mail address provided under this section to be
1.20provided as bulk data.
1.21(c) If the e-mail address in paragraph (b) is provided to the requester as a portion of
1.22a digitally scanned or digitally created image, as part of a specific request for the records
1.23of the entity or of a specific lien debtor, the e-mail address on that image is public.
2.1 Sec. 2. Minnesota Statutes 2012, section 308B.215, subdivision 1, is amended to read:
2.2 Subdivision 1. Requirements. (a) The articles of the cooperative shall include:
2.3(1) the name of the cooperative;
2.4(2) the purpose of the cooperative;
2.5(3) the name and address of each organizer;
2.6(4) the period of duration for the cooperative, if the duration is not to be perpetual;
2.7(5) the name of the registered agent, if any; and
2.8(6) the address of the registered office.
2.9(b) The articles may contain any other lawful provision.
2.10(c) The articles shall be signed by the organizers.
2.11 Sec. 3. Minnesota Statutes 2012, section 321.0809, is amended to read:
2.12321.0809 ADMINISTRATIVE DISSOLUTION.
2.13(a) A limited partnership that has failed to deliver for filing a registration pursuant
2.14to the requirements of section
2.16agent being appointed by the limited partnership, must be dissolved by the secretary of
2.17state as described in this section.
2.18(b) The secretary of state must attempt to provide notice of dissolution to
2.19 limited partnership whose agent resigned pursuant to section 321.0116, subdivision 1, if
2.20the resignation of the agent has been effective for 30 days without a new agent being
2.21appointed by the limited partnership. If the limited partnership has not
2.22
2.23to provide notice to the limited partnership, or if the limited partnership has not filed the
2.24delinquent registration, the secretary of state must issue a certificate of administrative
2.25dissolution and the certificate must be filed in the Office of the Secretary of State. The
2.26secretary of state must also make available in an electronic format the names of the
2.27administratively dissolved limited partnerships.
2.28(c) A limited partnership administratively dissolved continues its existence but
2.29may carry on only activities necessary to wind up its activities and liquidate its assets
2.30under sections
2.32(d) The administrative dissolution of a limited partnership does not terminate the
2.33authority of its agent for service of process, if any.
3.1 Sec. 4. Minnesota Statutes 2012, section 321.0906, is amended to read:
3.2321.0906 REVOCATION OF CERTIFICATE OF AUTHORITY.
3.3(a) A foreign limited partnership that has failed to deliver for filing a renewal
3.4pursuant to the requirements of section
3.5section
3.6a new agent being appointed by the limited partnership, must have its certificate of
3.7authority to transact business in Minnesota revoked as described in this section.
3.8(b) The secretary of state must attempt to provide notice of revocation to
3.9 each foreign limited partnership, whose agent resigned pursuant to section 321.0116,
3.10subdivision 1, if the resignation of the agent has been effective for 30 days without a
3.11new agent being appointed by the limited partnership. If the foreign limited partnership
3.12has not
3.13secretary of state attempted to provide notice to the foreign limited partnership, or if the
3.14foreign limited partnership has not filed the delinquent registration, the secretary of state
3.15must issue a certificate of revocation and the certificate must be filed in the Office of the
3.16Secretary of State. The secretary of state must also make available in an electronic format
3.17the names of the foreign limited partnerships whose certificates have been revoked.
3.18 Sec. 5. Minnesota Statutes 2012, section 321.1206, is amended to read:
3.19321.1206 APPLICATION TO EXISTING RELATIONSHIPS.
3.20(a) Beginning January 1, 2005, no person may use chapter 322A to form an entity.
3.21(b) Before January 1, 2007, this chapter governs only:
3.22(1) a limited partnership formed on or after January 1, 2005; and
3.23(2) except as otherwise provided in subsection (d):
3.24(i) a limited partnership formed under chapter 322A which elects, in the manner
3.25provided in its partnership agreement or by law for amending the partnership agreement,
3.26to be subject to this chapter; and
3.27(ii) a limited partnership formed under chapter 322, if the limited partnership elects
3.28pursuant to subsection (f) to be subject to this chapter.
3.29(c) Except as otherwise provided in subsection (d), on and after January 1, 2007,
3.30this chapter governs:
3.31(1) any limited partnership formed under chapter 322A which has not previously
3.32elected to be governed by this chapter and is still in existence on January 1, 2007; and
3.33(2) all limited partnerships, except for limited partnerships formed under chapter
3.34322 that have not previously elected to become governed by this chapter or chapter 322A,
3.35including each limited partnership formed under chapter 322A which has previously
4.1elected to become governed by this chapter and each limited partnership formed under
4.2chapter 322 which has elected, previously or otherwise, to be governed by this chapter.
4.3(d) With respect to a limited partnership formed before January 1, 2005, the
4.4following rules apply except as the partners otherwise elect in the manner provided in the
4.5partnership agreement or by law for amending the partnership agreement:
4.6(1) section 321.0104(c) does not apply and the limited partnership has whatever
4.7duration it had under the law applicable immediately before the limited partnership became
4.8subject to this chapter, as reflected solely in the certificate of limited partnership and
4.9amendments to it, notwithstanding other notations in the record of the secretary of state;
4.10(2) the limited partnership is not required to amend its certificate of limited
4.11partnership to comply with section 321.0201(a)(4);
4.12(3) sections
4.13right and power to dissociate from the limited partnership, with the same consequences, as
4.14existed immediately before the limited partnership became subject to this chapter;
4.15(4) section 321.0603(4) does not apply;
4.16(5) section 321.0603(5) does not apply and a court has the same power to expel
4.17a general partner as the court had immediately before the limited partnership became
4.18subject to this chapter; and
4.19(6) section 321.0801(3) does not apply and the connection between a person's
4.20dissociation as a general partner and the dissolution of the limited partnership is the same
4.21as existed immediately before the limited partnership became subject to this chapter.
4.22(e) If subsection (c) causes a limited partnership that is a limited liability limited
4.23partnership under section
4.24(1) if immediately before the limited partnership that is a limited liability limited
4.25partnership under section
4.26section
4.27not comply with section 321.0108(c); and
4.28(2) the statement of qualification of the limited partnership that is a limited liability
4.29limited partnership under section
4.30section 322A.88(a)(2), is deemed to amend the limited partnership's certificate of limited
4.31partnership to state that the limited partnership is a limited liability limited partnership.
4.32(f) On or after January 1, 2005, a limited partnership formed under chapter 322 may
4.33become subject to this chapter if:
4.34(1) it elects, in the manner provided in its partnership agreement or by law for
4.35amending the partnership agreement, to be subject to this chapter;
5.1(2) neither its certificate of limited partnership nor its partnership agreement prohibit
5.2the election;
5.3(3) its certificate of limited partnership, on file with the county recorder, is amended
5.4to state the election and, as may be necessary, to comply with this chapter; and
5.5(4) a certified copy of the amended certificate of limited partnership, and of all
5.6other limited partnership documents previously filed with the county recorder, is filed
5.7with the secretary of state.
5.8 Sec. 6. Minnesota Statutes 2012, section 323A.1102, is amended to read:
5.9323A.1102 STATEMENT OF FOREIGN QUALIFICATION.
5.10(a) Before transacting business in this state, a foreign limited liability partnership
5.11must file a statement of foreign qualification. The statement must contain:
5.12(1) the name of the foreign limited liability partnership which satisfies the
5.13requirements of the state or other jurisdiction under whose law it is formed and ends with
5.14"Registered Limited Liability Partnership," "Limited Liability Partnership," "R.L.L.P.,"
5.15"L.L.P.," "RLLP," or "LLP." A foreign limited liability partnership may use an alternate
5.16name to transact business in the state if it
5.17
5.18the statement;
5.19(2) the street address, including the zip code, of the partnership's chief executive
5.20office and, if different, the street address, including the zip code, of an office of the
5.21partnership in this state, if any;
5.22(3) if there is no office of the partnership in this state, the name and street address,
5.23including the zip code, of the partnership's agent for service of process. If an agent for
5.24service of process is listed, the limited liability partnership shall comply with section
5.25(4) a deferred effective date, if any; and
5.26(5) the name of the jurisdiction under whose law the foreign limited liability
5.27partnership was originally registered.
5.28(b) The agent of a foreign limited liability company for service of process must be
5.29an individual who is a resident of this state or other person authorized to do business in
5.30this state.
5.31(c) The status of a partnership as a foreign limited liability partnership is effective on
5.32the later of the filing of the statement of foreign qualification or a date specified in the
5.33statement. The status remains effective, regardless of changes in the partnership, until it is
5.34canceled pursuant to section 323A.0105(d) or revoked pursuant to section
6.1(d) An amendment or cancellation of a statement of foreign qualification is effective
6.2when it is filed or on a deferred effective date specified in the amendment or cancellation.
6.3(e) A statement of foreign qualification may include the information necessary to
6.4make an election under section
6.5provided in section
6.6 Sec. 7. Minnesota Statutes 2012, section 333.055, subdivision 2, is amended to read:
6.7 Subd. 2. Reinstatement. Any assumed name certificate that expires as a result of
6.8failing to file the annual renewal, and any assumed name certificate filed prior to September
6.95, 2011, that expires because of the expiration of the original or renewed ten-year term,
6.10 may be reinstated by filing the annual renewal with the $25 reinstatement fee.
6.11 Sec. 8. Minnesota Statutes 2012, section 333.22, subdivision 2, is amended to read:
6.12 Subd. 2. Renewal notice. The secretary of state shall notify each registrant of a
6.13mark hereunder of the necessity of renewal thereof
6.14
6.15 Sec. 9. Minnesota Statutes 2012, section 336.9-531, is amended to read:
6.16336.9-531 ELECTRONIC ACCESS; LIABILITY; RETENTION.
6.17(a) Electronic access. The secretary of state may allow private parties to have
6.18electronic access to the central filing system and to other computerized records maintained
6.19by the secretary of state on a fee basis, except that: (1) visual access to electronic display
6.20terminals at the public counters at the Secretary of State's Office must be without charge
6.21and must be available during public counter hours; and (2) access by law enforcement
6.22personnel, acting in an official capacity, must be without charge. If the central filing
6.23system allows a form of electronic access to information regarding the obligations of
6.24debtors, the access must be available 24 hours a day, every day of the year.
6.25A Social Security number
6.26of state under this section is private data on individuals or nonpublic data, as defined in
6.27section
6.28(b) Liability. The secretary of state, county recorders, and their employees and
6.29agents are not liable for any loss or damages arising from errors in or omissions from
6.30information entered into the central filing system as a result of the electronic transmission
6.31of tax lien notices under sections
6.32subdivision 4
7.1The state, the secretary of state, counties, county recorders, and their employees and
7.2agents are immune from liability that occurs as a result of errors in or omissions from
7.3information provided from the central filing system.
7.4(c) Retention. Once the image of a paper record has been captured by the central
7.5filing system, the secretary of state may remove or direct the removal from the files and
7.6destroy the paper record.
7.7 Sec. 10. Minnesota Statutes 2012, section 336A.14, is amended to read:
7.8336A.14 RESTRICTED USE OF INFORMATION.
7.9A Social Security number
7.10of state under this section is private data on individuals or nonpublic data, as defined in
7.11section
7.12Security number or tax identification number of the true owner of the farm product and all
7.13information obtained from the master or limited list may not be used for purposes that are
7.14not related to: (1) purchase of a farm product; (2) taking a security interest against a farm
7.15product; or (3) perfecting a farm product statutory lien.
