Minnesota Legislature
HF 751
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 2nd Engrossment
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A bill for an act
relating to real property; establishing the Electronic
Real Estate Recording Task Force; appropriating money;
amending Minnesota Statutes 2004, sections 507.093;
507.24, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 507.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 507.093, is
amended to read:
507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.
(a) The following standards are imposed on documents to be
recorded with the county recorder or filed with the registrar of
titles:
(1) The document shall consist of one or more individual
sheets measuring no larger than 8.5 inches by 14 inches.
(2) The form of the document shall be printed, typewritten,
or computer generated in black ink and the form of the document
shall not be smaller than 8-point type.
(3) The document shall be on white paper of not less than
20-pound weight with no background color, images, or writing and
shall have a clear border of approximately one-half inch on the
top, bottom, and each side.
(4) The first page of the document shall contain a blank
space at the top measuring three inches, as measured from the
top of the page. The right half to be used by the county
recorder for recording information or registrar of titles for
filing information and the left half to be used by the county
auditor or treasurer for certification.
(5) The title of the document shall be prominently
displayed at the top of the first page below the blank space
referred to in clause (4).
(6) No additional sheet shall be attached or affixed to a
page that covers up any information or printed part of the form.
(7) A document presented for recording or filing must be
sufficiently legible to reproduce a readable copy using the
county recorder's or registrar of title's current method of
reproduction.
new text begin
(b) new text end The standards in deleted text begin this deleted text end paragraph new text begin (a) new text end do not apply to a
document that is recorded or filed as part of a pilot project
for the electronic filing of real estate documents implemented
by the task force created in Laws 2000, chapter 391deleted text begin .deleted text end new text begin , or under
the Electronic Real Estate Recording Task Force created under
section 507.094. A county that participated in the pilot
project for the electronic filing of real estate documents under
the task force created in Laws 2000, chapter 391, may continue
to record or file documents electronically, if:
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(1) the county complies with standards adopted by that task
force; and
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(2) the county uses software that was validated by that
task force.
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A county that did not participate in the pilot project may
record or file a real estate document electronically, if:
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(i) the document to be recorded or filed is of a type
included in the pilot project for the electronic filing of real
estate documents under the task force created in Laws 2000,
chapter 391;
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(ii) the county complies with the standards adopted by the
task force;
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(iii) the county uses software that was validated by the
task force; and
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(iv) the task force created under section 507.094 approves
a written request from the county board and county recorder of
the county to implement electronic filing under this section.
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(b) deleted text end new text begin (c) new text end The recording or filing fee for a document that
does not conform to the standards in paragraph (a) shall be
increased as provided in sections 357.18, subdivision 5; 508.82;
and 508A.82.
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(c) deleted text end new text begin (d) new text end The recorder or registrar shall refund the
recording or filing fee to the applicant if the real estate
documents are not filed or registered within 30 days after
receipt, or as otherwise provided by section 386.30.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day
following final enactment.
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Sec. 2.
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[507.094] ELECTRONIC REAL ESTATE RECORDING TASK
FORCE.
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new text begin Subdivision 1. new text end
new text begin Creation; membership. new text end
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(a) The Electronic
Real Estate Recording Task Force is created to study and make
recommendations for the establishment of a system for the
electronic filing and recording of real estate documents.
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(b) The task force consists of 18 members. The secretary
of state shall serve as the chair of the task force. The
state's chief information officer, as designated under section
16E.02, or the officer's designee, shall serve as the vice-chair
of the task force. Members who are appointed under this section
shall serve for a term of three years beginning July 1, 2005.
The task force must include:
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(1) four county government officials appointed by the
Association of County Officers, including two county recorders,
one county auditor, and one county treasurer;
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(2) two county board members recommended by the Association
of Minnesota Counties and appointed by the chair, including one
board member from within the seven-county metropolitan area and
one board member from outside the seven-county metropolitan
area;
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(3) seven members from the private sector recommended by
their industries and appointed by the chair, including
representatives of:
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(i) real estate attorneys, real estate agents, and public
and private land surveyors;
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(ii) mortgage companies, and other real estate lenders; and
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(iii) technical and industry experts in electronic commerce
and electronic records management and preservation;
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(4) a representative selected by the Minnesota Historical
Society; and
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(5) two representatives of title companies.
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(c) The task force may refer items to subcommittees. The
chair shall appoint the membership of a subcommittee. An
individual may be appointed to serve on a subcommittee without
serving on the task force.
new text end
new text begin Subd. 2. new text end
new text begin Study and recommendations. new text end
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(a) The task force
shall complete the work of the task force created by Laws 2000,
chapter 391, to study and make recommendations regarding
implementation of a system for electronic filing and recording
of real estate documents and shall consider:
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(1) technology and computer needs;
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(2) legal issues such as authenticity, security, timing and
priority of recordings, and the relationship between electronic
and paper recorder systems;
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(3) cost-effectiveness of electronic recording systems;
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(4) a timetable and plan for implementing an electronic
recording system, considering types of documents and entities
using the system and volume of recordings;
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(5) permissive versus mandatory systems; and
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(6) other relevant issues identified by the task force.
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The task force shall review the Uniform Electronic
Recording Act as drafted by the National Conference of
Commissioners on Uniform State Laws and recommend alternative
structures for the permanent Commission on Electronic Real
Estate Recording Standards.
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(b) The task force may commence establishing standards for
the electronic recording of the remaining residential real
estate deed and mortgage documents and establish pilot projects
to complete the testing and functions of the task force
established in Laws 2000, chapter 391.
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(c) The task force shall submit a report to the legislature
by January 15 of each year during its existence reporting on the
progress toward the goals provided in this subdivision.
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new text begin Subd. 3. new text end
new text begin Donations. new text end
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The task force may accept donations
of money or resources, including loaned employees or other
services. The donations must be under the sole control of the
task force.
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new text begin Subd. 4. new text end
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Legislative coordinating commission;
duties.
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The task force may contract with the Legislative
Coordinating Commission for the provision of administrative
services to the task force, the preparation of requests for
proposal, or the disbursement of funds for the payment of
vendors, salaries, and other expenses of the task force.
new text end
new text begin Subd. 5.new text end
new text begin Expiration.new text end
new text begin The task force expires June 30,
2008.
new text end
new text begin EFFECTIVE DATE. new text end
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This section is effective July 1, 2005.
new text end
Sec. 3.
Minnesota Statutes 2004, section 507.24,
subdivision 2, is amended to read:
Subd. 2.
Original signatures required.
new text begin (a) new text end Unless
otherwise provided by law, an instrument affecting real estate
that is to be recorded as provided in this section or other
applicable law must contain the original signatures of the
parties who execute it and of the notary public or other officer
taking an acknowledgment. However, a financing statement that
is recorded as a filing pursuant to section 336.9-502(b) need
not contain: (1) the signatures of the debtor or the secured
party; or (2) an acknowledgment.
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(b) new text end Any electronic instruments, including signatures and
seals, affecting real estate may only be recorded as part of a
pilot project for the electronic filing of real estate documents
implemented by the task force created in Laws 2000, chapter
391deleted text begin .deleted text end new text begin , or by the Electronic Real Estate Recording Task Force
created under section 507.094. A county that participated in
the pilot project for the electronic filing of real estate
documents under the task force created in Laws 2000, chapter
391, may continue to record or file documents electronically, if:
new text end
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(1) the county complies with standards adopted by the task
force; and
new text end
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(2) the county uses software that was validated by the task
force.
new text end
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A county that did not participate in the pilot project may
record or file a real estate document electronically, if:
new text end
new text begin
(i) the document to be recorded or filed is of a type
included in the pilot project for the electronic filing of real
estate documents under the task force created in Laws 2000,
chapter 391;
new text end
new text begin
(ii) the county complies with the standards adopted by the
task force;
new text end
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(iii) the county uses software that was validated by the
task force; and
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(iv) the task force created under section 507.094 approves
a written request from the county board and county recorder of
the county to implement electronic filing under this section.
new text end
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(c) new text end Notices filed pursuant to section 168A.141,
subdivisions 1 and 3, need not contain an acknowledgment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day
following final enactment.
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Sec. 4. new text begin APPROPRIATION.
new text end
new text begin
$25,000 in each fiscal year through fiscal year 2008 is
appropriated to the Legislative Coordinating Commission for the
services provided to the task force under Minnesota Statutes,
section 507.094, subdivision 4.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2005.
new text end