1.1                          A bill for an act 
  1.2             relating to real property; the electronic real estate 
  1.3             recording task force created by Laws 2000, chapter 
  1.4             391; amending uncoded laws relating to that task 
  1.5             force; extending the period of existence of the task 
  1.6             force and the surcharge on filings appropriated to the 
  1.7             task force; appropriating money; amending Laws 2000, 
  1.8             chapter 391, section 1, subdivisions 1, 2, as amended; 
  1.9             Laws 2001, First Special Session chapter 10, article 
  1.10            2, section 77; Laws 2002, chapter 365, section 9; Laws 
  1.11            2003, First Special Session chapter 1, article 2, 
  1.12            section 123. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Laws 2000, chapter 391, section 1, subdivision 
  1.15  1, is amended to read: 
  1.16     Subdivision 1.  [TASK FORCE; MEMBERSHIP.] (a) The secretary 
  1.17  of state shall establish serve as the chair of a task force of 
  1.18  15 members to study and make recommendations for the 
  1.19  establishment of a system for the electronic filing and 
  1.20  recording of real estate documents.  Members who are appointed 
  1.21  under this section shall serve for a term of three years 
  1.22  commencing on June 30, 2004.  The state's chief information 
  1.23  officer, as designated under Minnesota Statutes 2002, section 
  1.24  16E.02, shall serve as the vice chair of the task force.  The 
  1.25  task force must include: 
  1.26     (1) two members of the senate appointed by the subcommittee 
  1.27  on committees of the committee on rules and administration and 
  1.28  two members of the house appointed by the speaker of the house; 
  1.29     (2) representatives of county recorders and other three 
  2.1   county government officials appointed by the association of 
  2.2   county officers, including one county recorder, one county 
  2.3   auditor, and one county treasurer; 
  2.4      (2) two county board members appointed by the Association 
  2.5   of Minnesota Counties, including one board member from within 
  2.6   the seven-county metropolitan area, and one board member from 
  2.7   outside the seven-county metropolitan area; 
  2.8      (3) seven members from the private sector appointed by the 
  2.9   chair, including representatives of: 
  2.10     (i) real estate attorneys, real estate agents, and public 
  2.11  and private land surveyors; 
  2.12     (4) representatives of (ii) title companies, mortgage 
  2.13  companies, and other real estate lenders; and 
  2.14     (5) a representative of the Minnesota historical society 
  2.15  and other state and local government archivists; 
  2.16     (6) (iii) technical and industry experts in electronic 
  2.17  commerce and electronic records management and preservation; and 
  2.18     (7) representatives of federal government-sponsored 
  2.19  enterprises active in the real estate industry; 
  2.20     (8) the commissioner of revenue; and 
  2.21     (9) other members appointed by the secretary of state 
  2.22     (4) a representative selected by the Minnesota Historical 
  2.23  Society.  
  2.24     (b) The task force may refer items to subcommittees.  The 
  2.25  chair shall appoint the membership of a subcommittee.  An 
  2.26  individual may be appointed to serve on a subcommittee without 
  2.27  serving on the task force. 
  2.28     Sec. 2.  Laws 2000, chapter 391, section 1, subdivision 2, 
  2.29  as amended by Laws 2002, chapter 365, section 5, is amended to 
  2.30  read: 
  2.31     Subd. 2.  [STUDY AND RECOMMENDATIONS.] The task force shall 
  2.32  study and make recommendations regarding implementation of a 
  2.33  system for electronic filing and recording of real estate 
  2.34  documents and shall consider:  
  2.35     (1) technology and computer needs; 
  2.36     (2) legal issues such as authenticity, security, timing and 
  3.1   priority of recordings, and the relationship between electronic 
  3.2   and paper recording systems; 
  3.3      (3) cost-effectiveness of electronic recording systems; 
  3.4      (4) timetable and plan for implementing an electronic 
  3.5   recording system, considering types of documents and entities 
  3.6   using the system and volume of recordings; 
  3.7      (5) permissive versus mandatory systems; and 
  3.8      (6) other relevant issues identified by the task force.  
  3.9      The task force shall submit a report to the legislature by 
  3.10  January 15, 2001, outlining a proposed work plan and budget for 
  3.11  consideration by the legislature.  By January 15, 2005, the task 
  3.12  force shall provide an updated report to the legislature 
  3.13  containing a revised work plan and budget.  The task force 
  3.14  expires June 30, 2004 2007. 
  3.15     Sec. 3.  Laws 2001, First Special Session chapter 10, 
  3.16  article 2, section 77, the effective date, is amended to read: 
  3.17     <b>[EFFECTIVE DATE.]</b> This section is effective only between 
  3.18  August 1, 2001, and June 30, 2003 2006. 
  3.19     Sec. 4.  Laws 2002, chapter 365, section 9, is amended to 
  3.20  read: 
  3.21     Sec. 9.  [EFFECTIVE DATES AND APPLICATION.] 
  3.22     The amendments made by sections 3 and 4 are effective until 
  3.23  June 30, 2004 2006, for documents last acknowledged ten or more 
  3.24  days after the date of final enactment of this act; or filed 45 
  3.25  days or more after the date of final enactment.  Sections 6 to 8 
  3.26  are effective the day following final enactment. 
  3.27     Sec. 5.  Laws 2003, First Special Session chapter 1, 
  3.28  article 2, section 123, is amended to read: 
  3.29     Sec. 123.  [REAL ESTATE FILING SURCHARGE.] 
  3.30     All funds collected during the fiscal year ending June 30, 
  3.31  2006, the fiscal year ending June 30, 2005, the fiscal year 
  3.32  ending June 30, 2004, and funds collected in the fiscal year 
  3.33  ending June 30, 2003, that carry forward into the fiscal year 
  3.34  ending June 30, 2004, pursuant to the additional 50-cent 
  3.35  surcharges imposed by Laws 2001, First Special Session chapter 
  3.36  10, article 2, section 77, and Laws 2002, chapter 365, as 
  4.1   amended by this chapter are appropriated to the legislative 
  4.2   coordinating commission for the real estate task force 
  4.3   established by Laws 2000, chapter 391, for the purposes set 
  4.4   forth in Laws 2001, First Special Session chapter 10, article 2, 
  4.5   sections 98 to 101.  $25,000 in each fiscal year from those 
  4.6   funds are to be retained by the legislative coordinating 
  4.7   commission for the services described in Laws 2001, First 
  4.8   Special Session chapter 10, article 2, section 99. 
  4.9      Sec. 6.  [TASK FORCE TRANSITION.] 
  4.10     The members of the electronic real estate document task 
  4.11  force created in Laws 2000, chapter 391, section 1, who are 
  4.12  serving on the task force on the effective date of this act 
  4.13  shall end their service on that date unless reappointed or 
  4.14  designated under section 1. 
  4.15     Sec. 7.  [EFFECTIVE DATE.] 
  4.16     This act is effective the day following final enactment.