SF 372

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; secretary of state; 
  1.3             authorizing access to social security numbers of 
  1.4             individuals in certain circumstances; amending 
  1.5             Minnesota Statutes 1994, sections 336.9-407; and 
  1.6             336.9-411. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 336.9-407, is 
  1.9   amended to read: 
  1.10     336.9-407 [INFORMATION FROM FILING OFFICER.] 
  1.11     (1) If the person filing any financing statement, 
  1.12  termination statement, statement of assignment, or statement of 
  1.13  release, furnishes the filing officer a copy thereof, the filing 
  1.14  officer shall upon request note upon the copy the file number 
  1.15  and date and hour of the filing of the original and deliver or 
  1.16  send the copy to such person. 
  1.17     (2) Upon request of any person, the filing officer shall 
  1.18  conduct a search of the statewide computerized uniform 
  1.19  commercial code database for any active financing statements 
  1.20  naming a particular debtor.  The filing officer shall report the 
  1.21  findings as of the date and hour of the search by issuing:  
  1.22     (a) a certificate listing the file number, date, and hour 
  1.23  of each filing and the names and addresses of each secured 
  1.24  party; 
  1.25     (b) photocopies of those original documents on file and 
  1.26  located in the office of the filing officer; or 
  2.1      (c) upon request, both the certificate and the photocopies 
  2.2   referred to in (b).  
  2.3      The uniform fee for conducting the search and for preparing 
  2.4   a certificate shall be $15 if the request is in the standard 
  2.5   form prescribed by the secretary of state.  This uniform fee 
  2.6   shall include up to ten photocopies of original documents.  If 
  2.7   the request for information is made on a form other than the 
  2.8   standard form prescribed by the secretary of state, the fee 
  2.9   shall be $20 and shall include up to ten photocopies of original 
  2.10  documents. 
  2.11     Another fee, at the same rate, shall also be charged for 
  2.12  conducting a search and preparing a certificate showing federal 
  2.13  and state tax liens on file with the filing officer naming a 
  2.14  particular debtor.  
  2.15     There shall be an additional fee of $1 per page for a 
  2.16  photocopy of each financing statement or tax lien prepared in 
  2.17  excess of the first ten.  
  2.18     Notwithstanding the fees set in this section, a natural 
  2.19  person who is the subject of data must, upon the person's 
  2.20  request, be shown the data without charge, and upon request be 
  2.21  provided with photocopies of the data upon payment of no more 
  2.22  than the actual cost of making the copies. 
  2.23     Notwithstanding section 13.49, a filing officer may include 
  2.24  social security number information in a report of the findings 
  2.25  following a search of the statewide computerized uniform 
  2.26  commercial code database or the state and federal tax liens on 
  2.27  file with the filing officer.  A filing officer may also include 
  2.28  social security number information on a photocopy of an original 
  2.29  document on file whether provided in response to a request for 
  2.30  information or in response to a request made pursuant to section 
  2.31  13.03. 
  2.32     Sec. 2.  Minnesota Statutes 1994, section 336.9-411, is 
  2.33  amended to read: 
  2.34     336.9-411 [COMPUTERIZED FILING SYSTEM.] 
  2.35     (a) The secretary of state shall develop and implement a 
  2.36  statewide computerized filing system to accumulate and 
  3.1   disseminate information relative to lien statements, financing 
  3.2   statements, state and federal tax lien notices, and other 
  3.3   uniform commercial code documents.  The computerized filing 
  3.4   system must allow information to be entered and retrieved from 
  3.5   the computerized filing system by county recorders, the 
  3.6   department of revenue, the department of economic security, and 
  3.7   the Internal Revenue Service.  
  3.8      (b) County recorders shall enter information relative to 
  3.9   lien statements, financing statements, state and federal tax 
  3.10  lien notices, and other uniform commercial code documents filed 
  3.11  in their offices into a central database maintained by the 
  3.12  secretary of state.  The information must be entered under the 
  3.13  rules of the secretary of state.  This requirement does not 
  3.14  apply to tax lien notices filed under sections 268.161, 
  3.15  subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2, 
  3.16  paragraph (b), clause (2); and 272.488, subdivision 1, but does 
  3.17  apply to entry of the date and time of receipt and county 
  3.18  recorder's file number of those notices.  
  3.19     (c) The secretary of state may allow private parties to 
  3.20  have electronic-view-only access to the computerized filing 
  3.21  system and to other computerized records maintained by the 
  3.22  secretary of state on a fee basis, except that visual access to 
  3.23  electronic display terminals at the public counters at the 
  3.24  secretary of state's office will be without charge and available 
  3.25  during public counter hours.  If the computerized filing system 
  3.26  allows a form of electronic access to information regarding the 
  3.27  obligations of debtors, the access must be available 24 hours a 
  3.28  day, every day of the year. 
  3.29     Notwithstanding section 13.49, private parties who have 
  3.30  electronic-view-only access to computerized records may view the 
  3.31  social security number information about a debtor that is of 
  3.32  record. 
  3.33     (d) The secretary of state shall adopt rules to implement 
  3.34  the computerized filing system.  The secretary of state may 
  3.35  adopt permanent and emergency rules.  The rules must:  
  3.36     (1) allow filings to be made at the offices of all county 
  4.1   recorders and the secretary of state's office as required by 
  4.2   section 336.9-401; 
  4.3      (2) establish a central database for all information 
  4.4   relating to liens and security interests that are filed at the 
  4.5   offices of county recorders and the secretary of state; 
  4.6      (3) provide procedures for entering data into a central 
  4.7   database; 
  4.8      (4) allow the offices of all county recorders and the 
  4.9   secretary of state's office to add, modify, and delete 
  4.10  information in the central database as required by the uniform 
  4.11  commercial code; 
  4.12     (5) allow the offices of all county recorders and the 
  4.13  secretary of state's office to have access to the central 
  4.14  database for review and search capabilities; 
  4.15     (6) allow the offices of all county recorders to have 
  4.16  electronic-view-only access to the computerized business 
  4.17  information records on file with the secretary of state; 
  4.18     (7) require the secretary of state to maintain the central 
  4.19  database; 
  4.20     (8) provide security and protection of all information in 
  4.21  the central database and monitor the central database to ensure 
  4.22  that unauthorized entry is not allowed; 
  4.23     (9) require standardized information for entry into the 
  4.24  central database; 
  4.25     (10) prescribe an identification procedure for debtors and 
  4.26  secured parties that will enhance lien and financing statement 
  4.27  searches; and 
  4.28     (11) prescribe a procedure for phasing-in or converting 
  4.29  from the existing filing system to a computerized filing system. 
  4.30     (e) The secretary of state, county recorders, and their 
  4.31  employees and agents shall not be liable for any loss or damages 
  4.32  arising from errors in or omissions from information entered 
  4.33  into the computerized filing system as a result of the 
  4.34  electronic transmission of tax lien notices under sections 
  4.35  268.161, subdivision 1, paragraph (b), clause (2); 270.69, 
  4.36  subdivision 2, paragraph (b), clause (2); 272.483; and 272.488, 
  5.1   subdivision subdivisions 1 and 3. 
  5.2      Sec. 3.  [EFFECTIVE DATE.] 
  5.3      Sections 1 and 2 are effective the day following final 
  5.4   enactment.