SF 4177
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 04/08/2026 10:27 a.m.
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A bill for an act
relating to business organizations; modernizing and correcting provisions governing
business services; changing positions appointed by the secretary of state; reducing
printing requirements for the legislative manual; amending Minnesota Statutes
2024, sections 5.02; 5.08; 5.23, subdivision 1; 268.058, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 5.02, is amended to read:
5.02 ASSISTANTS.
The secretary of state shall appoint deleted text begin an assistantdeleted text end new text begin a deputynew text end secretary of state, who shall
perform all the duties of the office when the secretary is absent or disabled. The secretary
may also employ deleted text begin a chief clerk, a recording clerk, and a stenographer,deleted text end new text begin and at pleasure dismiss
two additional deputies and an executive assistantnew text end who, besides the duties indicated by their
titles, shall perform such services in connection with the office as the secretary or the assistant
may require.new text begin This section does not increase the complement of the secretary of state.
new text end
Sec. 2.
Minnesota Statutes 2024, section 5.08, is amended to read:
5.08 LEGISLATIVE MANUAL.
Subdivision 1.
Preparation.
The secretary of state shall prepare, compile, edit, and
distribute for use at each regular legislative session, a convenient manual, properly indexed,
and containing: The federal and state constitutions; the acts of Congress relating to the
organization of the territory and state; the rules of order and joint rules of the two houses,
and lists of their members, committees and employees; the names of all state officials,
whether elected or appointed, and of all persons holding office from this state under the
national government; the deleted text begin placesdeleted text end new text begin municipalitiesnew text end where the said several officials reside, and
the annual compensation of each; and statistical and other information of the kind heretofore
published in the legislative manuals.
Subd. 2.
Distribution.
deleted text begin 10,000deleted text end new text begin 5,000new text end copies of the legislative manual shall be printed
and distributed as follows:
(1) up to deleted text begin 20deleted text end new text begin fivenew text end copies shall be available to each member of the legislature on request;
(2) deleted text begin 50deleted text end new text begin 12new text end copies to the State Historical Society;
(3) deleted text begin 25deleted text end new text begin twonew text end copies to the state university;
(4) deleted text begin 60deleted text end new text begin 30new text end copies to the state library;
(5) deleted text begin two copiesdeleted text end new text begin one copynew text end each to the Library of Congress, the Minnesota veterans homes,
the universities, the high schools, academies, seminaries, and colleges of the state, and the
public libraries of the state;
(6) one copy each to other state institutions, the elective state officials, the appointed
heads of departments, the officers and employees of the legislature, the justices of the
supreme court, the judges of the court of appeals and the district court, the senators and
representatives in Congress from this state, and the county auditors, recorders, and attorneys;new text begin
and
new text end
(7) deleted text begin one copy to each school, to be distributed through the superintendent of each school
district; and
deleted text end
deleted text begin (8)deleted text end the remainder may be disposed of as the secretary of state deems best.
Sec. 3.
Minnesota Statutes 2024, section 5.23, subdivision 1, is amended to read:
Subdivision 1.
Failure to pay filing fee.
new text begin (a) new text end If a person files an instrument authorized
to be filed with the secretary of state with a payment order or item that is rejected or
dishonored, the secretary of state deleted text begin isdeleted text end new text begin may take the actionsnew text end authorizednew text begin under this subdivision.
new text end
new text begin (b) The secretary of state is authorized new text end to refuse the filing of further instruments submitted
by that person or on behalf of the business entity or notary on whose behalf the prior
instrument was filed or relating to the same assumed name or trademark filing.
new text begin
(c) If a person makes a filing related to a business entity with a payment order or item
that is rejected or dishonored, the secretary of state is authorized to terminate the business
entity and change the business entity's filing status to inactive.
new text end
new text begin (d) new text end The secretary may deleted text begin alsodeleted text end pursue collection of the rejected or dishonored payment order
or item and recover the face amount of the payment order or item, any service fee, and any
additional collection costs incurred to collect the amount. If the payment order or item is
honored, or the delinquent amount is paid, the secretary of state must resume filing
instruments submitted by that person or on behalf of that business entity or notary or relating
to the same assumed name or trademark filing as of the date the payment order or item is
honored and an instrument is presented for filing.
new text begin (e) new text end The secretary may impose restrictions on the manner of payment that will be accepted
for any future filings.
new text begin (f) new text end This subdivision does not apply to financing statements filed under chapter 336 or
to an effective financing statement or lien notice filed under chapter 336A.
Sec. 4.
Minnesota Statutes 2024, section 268.058, subdivision 1, is amended to read:
Subdivision 1.
Lien.
(a) Any amount due under this chapter or section 116L.20, from
an applicant or an employer, becomes a lien upon all the property, within this state, both
real and personal, of the person liable, from the date of assessment. The term "date of
assessment" means the date the obligation was due.
(b) The lien is not enforceable against any purchaser, mortgagee, pledgee, holder of a
Uniform Commercial Code security interest, mechanic's lien, or judgment lien creditor,
until a notice of lien has been filed with the county recorder of the county where the property
is situated, or in the case of personal property belonging to a nonresident person in the Office
of the Secretary of State. When the notice of lien is filed with the county recorder, the fee
for filing and indexing is as provided in sections 272.483 and 272.484.
(c) Notices of liens, lien renewals, and lien releases, in a form prescribed by the
commissioner, may be filed with the county recorder or the secretary of state by maildeleted text begin ,deleted text end new text begin ornew text end
personal deliverydeleted text begin , or by electronic transmission into the computerized filing system of the
secretary of state. The secretary of state must, on any notice filed with that office, transmit
the notice electronically to the appropriate county recorder. The filing officer, whether the
county recorder or the secretary of state, must endorse and index a printout of the notice as
if the notice had been mailed or delivereddeleted text end .
(d) County recorders and the secretary of state must enter information on lien notices,
renewals, and releases into the deleted text begin central database of the secretary of statedeleted text end new text begin respective databases
established for lien notices, renewals, and releasesnew text end . deleted text begin For notices filed electronically with the
county recorders, the date and time of receipt of the notice and county recorder's file number,
and for notices filed electronically with the secretary of state, the secretary of state's recording
information, must be entered into the central database before the close of the working day
following the day of the original data entry by the commissioner.
deleted text end
(e) The lien imposed on personal property, even though properly filed, is not enforceable
against a purchaser of tangible personal property purchased at retail or personal property
listed as exempt in sections 550.37, 550.38, and 550.39.
(f) A notice of lien filed has priority over any security interest arising under chapter 336,
article 9, that is perfected prior in time to the lien imposed by this subdivision, but only if:
(1) the perfected security interest secures property not in existence at the time the notice
of lien is filed; and
(2) the property comes into existence after the 45th calendar day following the day the
notice of lien is filed, or after the secured party has actual notice or knowledge of the lien
filing, whichever is earlier.
(g) The lien is enforceable from the time the lien arises and for ten years from the date
of filing the notice of lien. A notice of lien may be renewed before expiration for an additional
ten years.
(h) The lien is enforceable by levy under subdivision 2 or by judgment lien foreclosure
under chapter 550.
(i) The lien may be imposed upon property defined as homestead property in chapter
510 but may be enforced only upon the sale, transfer, or conveyance of the homestead
property.
(j) The commissioner may sell and assign to a third party the commissioner's right of
redemption in specific real property for liens filed under this subdivision. The assignee is
limited to the same rights of redemption as the commissioner, except that in a bankruptcy
proceeding, the assignee does not obtain the commissioner's priority. Any proceeds from
the sale of the right of redemption are credited to the contingent account.