Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 267-S.F.No. 780 
           An act relating to the secretary of state; requiring 
          that certain information be provided without a fee; 
          amending Minnesota Statutes 1990, section 336.9-411. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 336.9-411, is 
amended to read: 
    336.9-411 [COMPUTERIZED FILING SYSTEM.] 
    (a) The secretary of state shall develop and implement a 
statewide computerized filing system to accumulate and 
disseminate information relative to lien statements, financing 
statements, state and federal tax lien notices, and other 
uniform commercial code documents.  The computerized filing 
system must allow information to be entered and retrieved from 
the computerized filing system by county recorders.  
    (b) County recorders shall enter information relative to 
lien statements, financing statements, state and federal tax 
lien notices, and other uniform commercial code documents filed 
in their offices into a central data base maintained by the 
secretary of state.  The information must be entered under the 
rules of the secretary of state. 
    (c) The secretary of state may allow private parties to 
have electronic-view-only access to the computerized filing 
system and to other computerized records maintained by the 
secretary of state on a fee basis, except that visual access to 
electronic display terminals at the public counters at the 
secretary of state's office will be without charge and available 
during public counter hours.  If the computerized filing system 
allows a form of electronic access to information regarding the 
obligations of debtors, the access must be available 24 hours a 
day, every day of the year. 
    (d) The secretary of state shall adopt rules to implement 
the computerized filing system.  The secretary of state may 
adopt permanent and emergency rules.  The rules must:  
    (1) allow filings to be made at the offices of all county 
recorders and the secretary of state's office as required by 
section 336.9-401; 
     (2) establish a central data base for all information 
relating to liens and security interests that are filed at the 
offices of county recorders and the secretary of state; 
     (3) provide procedures for entering data into a central 
data base; 
     (4) allow the offices of all county recorders and the 
secretary of state's office to add, modify, and delete 
information in the central data base as required by the uniform 
commercial code; 
     (5) allow the offices of all county recorders and the 
secretary of state's office to have access to the central data 
base for review and search capabilities; 
      (6) allow the offices of all county recorders to have 
electronic-view-only access to the computerized business 
information records on file with the secretary of state; 
    (7) require the secretary of state to maintain the central 
data base; 
    (8) provide security and protection of all information in 
the central data base and monitor the central data base to 
ensure that unauthorized entry is not allowed; 
    (9) require standardized information for entry into the 
central data base; 
    (10) prescribe an identification procedure for debtors and 
secured parties that will enhance lien and financing statement 
searches; and 
    (11) prescribe a procedure for phasing-in or converting 
from the existing filing system to a computerized filing system. 
    Presented to the governor May 29, 1991 
    Signed by the governor June 1, 1991, 3:30 p.m.