HF 938

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to real estate documents; providing for
continuation, extension, validation, and Web posting
of an electronic filing and posting pilot project for
certain real estate documents; proposing coding for
new law in Minnesota Statutes, chapter 507.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [507.094] ELECTRONIC RECORDING.
new text end

new text begin Subdivision 1. new text end

new text begin County pilot project continuation. new text end

new text begin A
county that participated in the pilot project referred to by
section 507.24, subdivision 2, for the electronic filing of real
estate documents under the task force originally created in Laws
2000, chapter 391, may continue to record or file documents
electronically, provided: (1) the county complies with
standards adopted by the task force; and (2) the county uses
software that was validated by the task force, or uses software
that has been validated under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Extension of pilot projects. new text end

new text begin A county that did
not participate in the pilot project described in subdivision 1
may record or file a real estate document electronically
provided: (1) 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 originally created in Laws
2000, chapter 391; (2) the county complies with the standards
adopted by the task force; and (3) the county uses software that
was validated by the task force, or uses software that has been
validated under subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin County validation of recording software. new text end

new text begin A
county may validate software that enables a county to
electronically record or file certain real estate documents.
Only a document of a type that was electronically recorded or
filed under the pilot project administered by the task force
originally created in Laws 2000, chapter 391 may be recorded or
filed with software validated under this subdivision. Only a
county that participated in the pilot project may validate
software that has not been validated by the task force. A
county may not validate software that it intends to use for
electronically recording or filing its own documents. If a
county finds that software it has evaluated meets standards
adopted by the task force, it must submit its evaluation results
and a statement indicating the county's findings and conclusion
that the software meets the task force's standards to the
Legislative Coordinating Commission. Upon receipt by the
Legislative Coordinating Commission of the results and statement
submitted by a county under this subdivision, the software may
be used by any other county under subdivision 1 or 2, as
provided in subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Web posting of software validation. new text end

new text begin The
Legislative Coordinating Commission must continue to maintain
the Web site developed for the task force created in Laws 2000,
chapter 391. If a county validates software under subdivision
3, the commission must post the county's findings and
conclusions regarding that validation on the commission's Web
site for a period of 30 days to permit public notice and
comment. If the commission does not receive objections, the
commission must repost the county's findings and conclusions,
and indicate that the software may be used by a county under
this section. If the commission receives objections, the
commission must forward them to the county for review and
possible modifications of the software. The county may resubmit
its findings and conclusions, including any revisions, to the
commission, which must then repost the county's findings and
conclusions, and indicate that the software may be used by a
county under this section.
new text end

new text begin Subd. 5. new text end

new text begin Definition. new text end

new text begin The term "record or file" means
record in the office of the county recorder or file in the
office of the registrar of titles.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end