SF 2707

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real estate; filling in an inadvertent 
  1.3             omission for a temporary increase in the surcharge for 
  1.4             filing and recording certain documents to fund the 
  1.5             real estate task force; extending the effective date 
  1.6             for the surcharges; extending the availability of an 
  1.7             existing appropriation; providing for the electronic 
  1.8             recording and authentication of certain documents as 
  1.9             part of a pilot project; delaying the expiration date 
  1.10            of the electronic real estate recording task force; 
  1.11            amending Minnesota Statutes 2000, section 507.093; 
  1.12            Minnesota Statutes 2001 Supplement, sections 507.24, 
  1.13            subdivision 2; 508.82, subdivision 1; 508A.82, 
  1.14            subdivision 1; Laws 2000, chapter 391, section 1, 
  1.15            subdivision 2; Laws 2001, First Special Session 
  1.16            chapter 10, article 2, section 98. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 2000, section 507.093, is 
  1.19  amended to read: 
  1.20     507.093 [STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.] 
  1.21     (a) The following standards are imposed on documents to be 
  1.22  recorded with the county recorder or filed with the registrar of 
  1.23  titles: 
  1.24     (1) The document shall consist of one or more individual 
  1.25  sheets measuring no larger than 8.5 inches by 14 inches. 
  1.26     (2) The form of the document shall be printed, typewritten, 
  1.27  or computer generated in black ink and the form of the document 
  1.28  shall not be smaller than 8-point type.  
  1.29     (3) The document shall be on white paper of not less than 
  1.30  20-pound weight with no background color, images, or writing and 
  1.31  shall have a clear border of approximately one-half inch on the 
  2.1   top, bottom, and each side.  
  2.2      (4) The first page of the document shall contain a blank 
  2.3   space at the top measuring three inches, as measured from the 
  2.4   top of the page.  The right half to be used by the county 
  2.5   recorder for recording information or registrar of titles for 
  2.6   filing information and the left half to be used by the county 
  2.7   auditor or treasurer for certification.  
  2.8      (5) The title of the document shall be prominently 
  2.9   displayed at the top of the first page below the blank space 
  2.10  referred to in clause (4).  
  2.11     (6) No additional sheet shall be attached or affixed to a 
  2.12  page that covers up any information or printed part of the form. 
  2.13     (7) A document presented for recording or filing must be 
  2.14  sufficiently legible to reproduce a readable copy using the 
  2.15  county recorder's or registrar of title's current method of 
  2.16  reproduction.  
  2.17     The standards in this paragraph do not apply to a document 
  2.18  that is recorded or filed as part of a pilot project for the 
  2.19  electronic filing of real estate documents implemented by the 
  2.20  task force created in Laws 2000, chapter 391.  
  2.21     (b) The recording or filing fee for a document that does 
  2.22  not conform to the standards in paragraph (a) shall be increased 
  2.23  as provided in sections 357.18, subdivision 5; 508.82; and 
  2.24  508A.82. 
  2.25     (c) The recorder or registrar shall refund the recording or 
  2.26  filing fee to the applicant if the real estate documents are not 
  2.27  filed or registered within 30 days after receipt, or as 
  2.28  otherwise provided by section 386.30. 
  2.29     Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.30  507.24, subdivision 2, is amended to read: 
  2.31     Subd. 2.  [ORIGINAL SIGNATURES REQUIRED.] Unless otherwise 
  2.32  provided by law, an instrument affecting real estate that is to 
  2.33  be recorded as provided in this section or other applicable law 
  2.34  must contain the original signatures of the parties who execute 
  2.35  it and of the notary public or other officer taking an 
  2.36  acknowledgment.  However, a financing statement that is recorded 
  3.1   as a filing pursuant to section 336.9-502(b) need not contain:  
  3.2   (1) the signatures of the debtor or the secured party; or (2) an 
  3.3   acknowledgment.  Any electronic instruments, including 
  3.4   signatures and seals, affecting real estate may only be recorded 
  3.5   as part of a pilot project for the electronic filing of real 
  3.6   estate documents implemented by the task force created in Laws 
  3.7   2000, chapter 391. 
  3.8      Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.9   508.82, subdivision 1, is amended to read: 
  3.10     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
  3.11  to the registrar shall be as follows: 
  3.12     (1) of the fees provided herein, five percent of the fees 
  3.13  collected under clauses (3), (5), (11), (13), (14), (16), and 
  3.14  (17), for filing or memorializing shall be paid to the state 
  3.15  treasurer and credited to the general fund; plus a $4.50 $5 
  3.16  surcharge shall be charged and collected in addition to the 
  3.17  total fees charged for each transaction under clauses (2), (3), 
  3.18  (5), (11), (13), (14), (16), and (17), with 50 cents of this 
  3.19  surcharge to be retained by the county to cover its 
  3.20  administrative costs, 50 cents must be deposited in the state 
  3.21  treasury to provide an additional funding source for the 
  3.22  appropriations in Laws 2001, First Special Session chapter 10, 
  3.23  article 2, sections 98 and 99, to the legislative coordinating 
  3.24  commission for the real estate task force established under Laws 
  3.25  2000, chapter 391, and $4 to be paid to the state treasury and 
  3.26  credited to the general fund; 
  3.27     (2) for registering a first certificate of title, including 
  3.28  issuing a copy of it, $30; 
  3.29     (3) for registering each instrument transferring the fee 
  3.30  simple title for which a new certificate of title is issued and 
  3.31  for the registration of the new certificate of title, including 
  3.32  a copy of it, $30; 
  3.33     (4) for issuance of a CECT pursuant to section 508.351, 
  3.34  $15; 
  3.35     (5) for the entry of each memorial on a certificate, $15; 
  3.36     (6) for issuing each residue certificate, $20; 
  4.1      (7) for exchange certificates, $10 for each certificate 
  4.2   canceled and $10 for each new certificate issued; 
  4.3      (8) for each certificate showing condition of the register, 
  4.4   $10; 
  4.5      (9) for any certified copy of any instrument or writing on 
  4.6   file in the registrar's office, the same fees allowed by law to 
  4.7   county recorders for like services; 
  4.8      (10) for a noncertified copy of any certificate of title, 
  4.9   other than the copies issued under clauses (2) and (3), any 
  4.10  instrument or writing on file in the office of the registrar of 
  4.11  titles, or any specified page or part of it, an amount as 
  4.12  determined by the county board for each page or fraction of a 
  4.13  page specified.  If computer or microfilm printers are used to 
  4.14  reproduce the instrument or writing, a like amount per image; 
  4.15     (11) for filing two copies of any plat in the office of the 
  4.16  registrar, $30; 
  4.17     (12) for any other service under this chapter, such fee as 
  4.18  the court shall determine; 
  4.19     (13) for filing an amendment to a declaration in accordance 
  4.20  with chapter 515, $10 for each certificate upon which the 
  4.21  document is registered and $30 for an amended floor plan filed 
  4.22  in accordance with chapter 515; 
  4.23     (14) for filing an amendment to a common interest community 
  4.24  declaration and plat or amendment complying with section 
  4.25  515B.2-110, subsection (c), $10 for each certificate upon which 
  4.26  the document is registered and $30 for the filing of the 
  4.27  condominium or common interest community plat or amendment; 
  4.28     (15) for a copy of a condominium floor plan filed in 
  4.29  accordance with chapter 515, or a copy of a common interest 
  4.30  community plat complying with section 515B.2-110, subsection 
  4.31  (c), the fee shall be $1 for each page of the floor plan or 
  4.32  common interest community plat with a minimum fee of $10; 
  4.33     (16) for the filing of a certified copy of a plat of the 
  4.34  survey pursuant to section 508.23 or 508.671, $10; 
  4.35     (17) for filing a registered land survey in triplicate in 
  4.36  accordance with section 508.47, subdivision 4, $30; and 
  5.1      (18) for furnishing a certified copy of a registered land 
  5.2   survey in accordance with section 508.47, subdivision 4, $10. 
  5.3      Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  5.4   508A.82, subdivision 1, is amended to read: 
  5.5      Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
  5.6   to the registrar shall be as follows:  
  5.7      (1) of the fees provided herein, five percent of the fees 
  5.8   collected under clauses (3), (5), (11), (13), (14), and (17), 
  5.9   for filing or memorializing shall be paid to the state treasurer 
  5.10  and credited to the general fund; plus a $4.50 $5 surcharge 
  5.11  shall be charged and collected in addition to the total fees 
  5.12  charged for each transaction under clauses (2), (3), (5), (11), 
  5.13  (13), (14), and (17), with 50 cents of this surcharge to be 
  5.14  retained by the county to cover its administrative costs, 50 
  5.15  cents to be deposited in the state treasury to provide an 
  5.16  additional funding source for the appropriations in Laws 2001, 
  5.17  First Special Session chapter 10, article 2, sections 98 and 99, 
  5.18  to the legislative coordinating commission for the real estate 
  5.19  task force established under Laws 2000, chapter 391, and $4 to 
  5.20  be paid to the state treasury and credited to the general fund; 
  5.21     (2) for registering a first CPT, including issuing a copy 
  5.22  of it, $30; 
  5.23     (3) for registering each instrument transferring the fee 
  5.24  simple title for which a new CPT is issued and for the 
  5.25  registration of the new CPT, including a copy of it, $30; 
  5.26     (4) for issuance of a CECT pursuant to section 508A.351, 
  5.27  $15; 
  5.28     (5) for the entry of each memorial on a CPT, $15; 
  5.29     (6) for issuing each residue CPT, $20; 
  5.30     (7) for exchange CPTs or combined certificates of title, 
  5.31  $10 for each CPT and certificate of title canceled and $10 for 
  5.32  each new CPT or combined certificate of title issued; 
  5.33     (8) for each CPT showing condition of the register, $10; 
  5.34     (9) for any certified copy of any instrument or writing on 
  5.35  file in the registrar's office, the same fees allowed by law to 
  5.36  county recorders for like services; 
  6.1      (10) for a noncertified copy of any CPT, other than the 
  6.2   copies issued under clauses (2) and (3), any instrument or 
  6.3   writing on file in the office of the registrar of titles, or any 
  6.4   specified page or part of it, an amount as determined by the 
  6.5   county board for each page or fraction of a page specified.  If 
  6.6   computer or microfilm printers are used to reproduce the 
  6.7   instrument or writing, a like amount per image; 
  6.8      (11) for filing two copies of any plat in the office of the 
  6.9   registrar, $30; 
  6.10     (12) for any other service under sections 508A.01 to 
  6.11  508A.85, the fee the court shall determine; 
  6.12     (13) for filing an amendment to a declaration in accordance 
  6.13  with chapter 515, $10 for each certificate upon which the 
  6.14  document is registered and $30 for an amended floor plan filed 
  6.15  in accordance with chapter 515; 
  6.16     (14) for filing an amendment to a common interest community 
  6.17  declaration and plat or amendment complying with section 
  6.18  515B.2-110, subsection (c), and issuing a CECT if required, $10 
  6.19  for each certificate upon which the document is registered and 
  6.20  $30 for the filing of the condominium or common interest 
  6.21  community plat or amendment; 
  6.22     (15) for a copy of a condominium floor plan filed in 
  6.23  accordance with chapter 515, or a copy of a common interest 
  6.24  community plat complying with section 515B.2-110, subsection 
  6.25  (c), the fee shall be $1 for each page of the floor plan, or 
  6.26  common interest community plat with a minimum fee of $10; 
  6.27     (16) in counties in which the compensation of the examiner 
  6.28  of titles is paid in the same manner as the compensation of 
  6.29  other county employees, for each parcel of land contained in the 
  6.30  application for a CPT, as the number of parcels is determined by 
  6.31  the examiner, a fee which is reasonable and which reflects the 
  6.32  actual cost to the county, established by the board of county 
  6.33  commissioners of the county in which the land is located; 
  6.34     (17) for filing a registered land survey in triplicate in 
  6.35  accordance with section 508A.47, subdivision 4, $30; and 
  6.36     (18) for furnishing a certified copy of a registered land 
  7.1   survey in accordance with section 508A.47, subdivision 4, $10. 
  7.2      Sec. 5.  Laws 2000, chapter 391, section 1, subdivision 2, 
  7.3   is amended to read:  
  7.4      Subd. 2.  [STUDY AND RECOMMENDATIONS.] The task force shall 
  7.5   study and make recommendations regarding implementation of a 
  7.6   system for electronic filing and recording of real estate 
  7.7   documents and shall consider:  
  7.8      (1) technology and computer needs; 
  7.9      (2) legal issues such as authenticity, security, timing and 
  7.10  priority of recordings, and the relationship between electronic 
  7.11  and paper recording systems; 
  7.12     (3) cost-effectiveness of electronic recording systems; 
  7.13     (4) timetable and plan for implementing an electronic 
  7.14  recording system, considering types of documents and entities 
  7.15  using the system and volume of recordings; 
  7.16     (5) permissive versus mandatory systems; and 
  7.17     (6) other relevant issues identified by the task force.  
  7.18     The task force shall submit a report to the legislature by 
  7.19  January 15, 2001, outlining a proposed work plan and budget for 
  7.20  consideration by the legislature.  The task force expires June 
  7.21  30, 2003 2004. 
  7.22     Sec. 6.  Laws 2001, First Special Session chapter 10, 
  7.23  article 2, section 98, is amended to read:  
  7.24     Sec. 98.  [WORK PLAN APPROPRIATIONS.] 
  7.25     (a) $650,000 is appropriated from the surcharge collected 
  7.26  under Minnesota Statutes, section 357.18, subdivision 3, to the 
  7.27  legislative coordinating commission, to be made available to the 
  7.28  real estate task force established in accordance with Laws 2000, 
  7.29  chapter 391, for the expenses of the task force in carrying out 
  7.30  the work plan as described in the January 15, 2001, task force 
  7.31  report to the legislature.  This appropriation is available 
  7.32  until June 30, 2003 2004, and is to be administered at the 
  7.33  direction of the chair of the task force, subject to the prior 
  7.34  approval of the task force. 
  7.35     (b) $500,000 is appropriated from the surcharge collected 
  7.36  under Minnesota Statutes, section 357.18, subdivision 3, to the 
  8.1   legislative coordinating commission, to be made available to the 
  8.2   task force for the development and implementation of pilot 
  8.3   electronic real estate projects in diverse counties as described 
  8.4   in the January 15, 2001, task force report to the legislature.  
  8.5   This appropriation is available until June 30, 2003 2004. 
  8.6      Sec. 7.  [EXTENSION OF EFFECTIVE DATE.] 
  8.7      The effective date of the amendment to Minnesota Statutes, 
  8.8   section 357.18, subdivision 3, contained in Laws 2001, First 
  8.9   Special Session chapter 10, article 2, section 77, is extended 
  8.10  until June 30, 2004. 
  8.11     Sec. 8.  [ADDITIONAL FUND SOURCE FOR 2001 APPROPRIATION.] 
  8.12     The 50 cent increase in the surcharges made by the 
  8.13  amendments in sections 3 and 4 are available as an additional 
  8.14  funding source for the appropriations in Laws 2001, First 
  8.15  Special Session chapter 10, article 2, sections 98 and 99.  
  8.16     Sec. 9.  [EFFECTIVE DATES AND APPLICATION.] 
  8.17     The amendments made by sections 3 and 4 are effective until 
  8.18  June 30, 2004, for documents last acknowledged ten or more days 
  8.19  after the date of final enactment of this act; or filed 45 days 
  8.20  or more after the date of final enactment.  Sections 6 to 8 are 
  8.21  effective the day following final enactment.