2006 Minnesota Statutes

CHAPTER 336B. FINANCING STATEMENTS OF PUBLIC UTILITIES, TACONITE, AND SEMITACONITE COMPANIES

336B.01 FINANCING STATEMENTS OF PUBLIC UTILITIES, TACONITE AND
SEMITACONITE COMPANIES; DEFINITIONS.
    Subdivision 1. Public utility. When used in sections 336B.01 to 336B.03 the term "public
utility" means persons, corporations, or other legal entities, their lessees, trustees, and receivers,
operating, maintaining, or controlling in this state after June 29, 1966, equipment or facilities
for the production, generation, transmission, or distribution at retail of gas, electric, or telephone
service for the public and in the transmission and distribution using, or having a right to use,
public roads, streets, alleys, or other public ways for the purpose of constructing, using, operating,
or maintaining wires, pipes, conduits, or other facilities. No municipality producing or furnishing
gas, electric, or telephone service is a public utility under this definition. No person is a public
utility if it produces or furnishes its services to less than 50 persons.
    Subd. 2. Taconite company. When used in sections 336B.01 to 336B.03 the term "taconite
company" means a person, corporation, or other legal entity, its lessees, trustees, and receivers,
engaged in or preparing to engage in the business of mining and beneficiating taconite, as the term
"taconite" is defined in section 298.23, whether or not the taconite company may also engage
in another business.
    Subd. 3. Semitaconite company. When used in sections 336B.01 to 336B.03 the term
"semitaconite company" means a person, corporation, or other legal entity, its lessees, trustees,
and receivers, engaged in or preparing to engage in the business of mining and beneficiating
semitaconite, as the term "semitaconite" is defined in section 298.34, whether or not the
semitaconite company may also engage in another business.
    Subd. 4. Electric service cooperatives. Notwithstanding any contrary provision in
subdivision 1, the term "public utility" also means a cooperative association operating,
maintaining or controlling in this state after May 11, 1969, equipment or facilities for the
production, generation, transmission or distribution of electric services.
    Subd. 5. Water quality utilities. Notwithstanding any contrary provision in subdivision 1,
the term "public utility" also means a person, corporation, cooperative, or other legal entity,
their lessees, trustees, and receivers who are operating, maintaining, or controlling equipment
or facilities to provide water quality treatment and management services, as defined by section
115.58, subdivision 1, paragraph (e). "Public utility" does not include a municipality that owns
or operates equipment or facilities for treating wastewater, furnishing potable water or water
for geothermal heating and cooling, managing storm water runoff or drainage, or reducing or
eliminating water pollution.
History: 1965 c 813 s 1; 1967 c 323 s 1; 1969 c 349 s 1; 1984 c 628 art 5 s 1; 1997 c 216 s
127; 2005 c 69 art 1 s 21

336B.02 FINANCING STATEMENTS OF A PUBLIC UTILITY, A TACONITE
COMPANY, AND A SEMITACONITE COMPANY.
    Subdivision 1. Filing with secretary of state. Notwithstanding sections 336.9-311,
336.9-501, 336.9-502, 336.9-515, and 336.9-519 of the Uniform Commercial Code, all filings
required under the Uniform Commercial Code in order to perfect a security interest against the
personal property or fixtures of a debtor public utility, or against the personal property or fixtures
of a debtor taconite company or a debtor semitaconite company, must be made and maintained in
the office of the secretary of state.
    Subd. 2. Information not required. When the financing statement covers goods of a debtor
public utility or of a debtor taconite company or a debtor semitaconite company, which are or are
to become fixtures, no description of the real estate or the name of the record owner is required.
    Subd. 3. Duration. Filing of a financing statement against the property of a debtor public
utility or against the property of a debtor taconite company or a debtor semitaconite company is
effective until five years after the maturity date contained in the statement in the case of personal
property and until 15 years after the maturity date in the case of fixtures annexed to real property,
or if no maturity date is contained in the statement, until released or terminated.
History: 1965 c 813 s 2; 1967 c 323 s 2; 1984 c 628 art 5 s 1; 2001 c 195 art 2 s 19;
2005 c 69 art 1 s 21

336B.03 CONTINUED EFFECTIVENESS OF CERTAIN LAWS.
Unless displaced by the specific provisions of sections 336B.01 to 336B.03, the Uniform
Commercial Code and other applicable laws remain in full force and effect and supplement the
provisions of sections 336B.01 to 336B.03.
History: 1965 c 813 s 3; 1984 c 628 art 5 s 1; 2005 c 69 art 1 s 21