1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to local government; clarifying the time 1.3 requirements for processing instruments presented to 1.4 certain county offices; clarifying the effect of 1.5 certain requirements on an appointed department head 1.6 in Anoka county; amending Minnesota Statutes 1998, 1.7 sections 386.30; and 507.093; Laws 1989, chapter 243, 1.8 section 2. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 1998, section 386.30, is 1.11 amended to read: 1.12 386.30 [DEEDS RECORDED WITHIN 30 DAYS.] 1.13 Each county recorder shall, within 30 days after any 1.14 instrument entitled to record is left for that purpose, actually 1.15 record the same in the manner provided by law and return the 1.16 same in person or by mail to the person who left such instrument 1.17 for record, if the person's residence is known, or to such other 1.18 person and at such address as the recorder may be directed to 1.19 deliver the same. Persistent failure to so record and return 1.20 instruments entitled to record, upon demand therefor and payment 1.21 of recording fees, shall constitute nonfeasance in office and be 1.22 sufficient ground for removal therefrom. In a county in which 1.23 the office of county recorder has been combined with another 1.24 county office, the 30-day time period begins when the tax 1.25 certifications required by chapters 272 and 287 are made, but 1.26 the total period to complete the time period after receipt of 1.27 the instrument by the office must not exceed 60 days. 2.1 Sec. 2. Minnesota Statutes 1998, section 507.093, is 2.2 amended to read: 2.3 507.093 [STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.] 2.4 (a) The following standards are imposed on documents to be 2.5 recorded with the county recorder or filed with the registrar of 2.6 titles: 2.7 (1) The document shall consist of one or more individual 2.8 sheets measuring no larger than 8.5 inches by 14 inches. 2.9 (2) The form of the document shall be printed, typewritten, 2.10 or computer generated in black ink and the form of the document 2.11 shall not be smaller than 8-point type. 2.12 (3) The document shall be on white paper of not less than 2.13 20-pound weight with no background color, images, or writing and 2.14 shall have a clear border of approximately one-half inch on the 2.15 top, bottom, and each side. 2.16 (4) The first page of the document shall contain a blank 2.17 space at the top measuring three inches, as measured from the 2.18 top of the page. The right half to be used by the county 2.19 recorder for recording information or registrar of titles for 2.20 filing information and the left half to be used by the county 2.21 auditor or treasurer for certification. 2.22 (5) The title of the document shall be prominently 2.23 displayed at the top of the first page below the blank space 2.24 referred to in clause (4). 2.25 (6) No additional sheet shall be attached or affixed to a 2.26 page that covers up any information or printed part of the form. 2.27 (7) A document presented for recording or filing must be 2.28 sufficiently legible to reproduce a readable copy using the 2.29 county recorder's or registrar of title's current method of 2.30 reproduction. 2.31 (b) The recording or filing fee for a document that does 2.32 not conform to the standards in paragraph (a) shall be increased 2.33 as provided in sections 357.18, subdivision 5; 508.82; and 2.34 508A.82. 2.35 (c) The recorder or registrar shall refund the recording or 2.36 filing fee to the applicant if the real estate documents are not 3.1 filed or registered within 30 days after receipt, or as 3.2 otherwise provided by section 386.30. 3.3 Sec. 3. Laws 1989, chapter 243, section 2, is amended to 3.4 read: 3.5 Sec. 2. [REORGANIZATION OF COUNTY OFFICES.] 3.6 (a) Upon adoption of a resolution by the Anoka county board 3.7 of commissioners and subject to sections 3 and 4, the duties of 3.8 the elected officials required by statute whose offices are made 3.9 appointive by this act shall be discharged by the board of 3.10 commissioners of Anoka county acting through a department head 3.11 or heads appointed by the board for that purpose. Each 3.12 appointed department head shall serve at the pleasure of the 3.13 board. The board may reorganize, consolidate, reallocate, or 3.14 delegate the duties to promote efficiency in county government. 3.15 It may make other administrative changes, including abolishing 3.16 the offices of auditor, recorder, and treasurer. A 3.17 reorganization, reallocation, or delegation or other 3.18 administrative change or transfer shall not diminish, prohibit, 3.19 or avoid the discharge of duties required by statute. 3.20 (b) The time requirements in Minnesota Statutes, sections 3.21 386.30 and 507.093, apply to an appointed department head 3.22 described in paragraph (a) and begin after the tax 3.23 certifications required by Minnesota Statutes, chapters 272 and 3.24 287, are made, but the total period to complete the time 3.25 requirements after receipt of the instrument by the appointed 3.26 department head must not exceed 60 days. 3.27 Sec. 4. [EFFECTIVE DATE; LOCAL APPROVAL REQUIRED.] 3.28 Section 3 is effective the day after the governing body of 3.29 Anoka county and its chief clerical officer timely complete 3.30 compliance with Minnesota Statutes, section 645.021, 3.31 subdivisions 2 and 3.