SF 2041

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real property; providing for recording and 
  1.3             registration fees; amending Minnesota Statutes 2002, 
  1.4             sections 357.18, subdivisions 1, 2, 5, by adding a 
  1.5             subdivision; 505.08, subdivision 2; 507.093; 508.82, 
  1.6             subdivision 2; Minnesota Statutes 2003 Supplement, 
  1.7             sections 508.82, subdivision 1; 515B.1-116; repealing 
  1.8             Minnesota Statutes 2002, section 357.18, subdivisions 
  1.9             3, 4. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 357.18, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [COUNTY RECORDER FEES.] The fees to be 
  1.14  charged by the county recorder shall be as follows: 
  1.15     (1) for indexing and recording any deed or other instrument 
  1.16  $1 for each page of an instrument, with a minimum fee of $15 a 
  1.17  fee of $40.  This fee is distributed as follows:  $4 shall be 
  1.18  paid to the state treasury and credited to the general fund; 50 
  1.19  cents shall be deposited in the state treasury and is 
  1.20  appropriated to the Legislative Coordinating Commission for the 
  1.21  Task Force on Electronic Real Estate Recording created by Laws 
  1.22  2000, chapter 391; 50 cents shall be retained by the county to 
  1.23  cover administrative costs; $5 shall be deposited in the 
  1.24  information technology adaptation fund described in subdivision 
  1.25  3a; and $30 to the county general fund; 
  1.26     (2) for documents containing multiple assignments, partial 
  1.27  releases or satisfactions $10 for each document number or book 
  2.1   and page cited; 
  2.2      (3) for certified copies of any records or papers, $1 for 
  2.3   each page of an instrument with a minimum fee of $5; 
  2.4      (4) for an abstract of title, the fees shall be determined 
  2.5   by resolution of the county board duly adopted upon the 
  2.6   recommendation of the county recorder, and the fees shall not 
  2.7   exceed $5 $10 for every entry, $50 $100 for abstract 
  2.8   certificate, $1 per page for each exhibit included within an 
  2.9   abstract as a part of an abstract entry, and $2 $5 per name for 
  2.10  each required name search certification; 
  2.11     (5) for a copy of an official plat filed pursuant to 
  2.12  section 505.08, the fee shall be $9.50 $10 and an additional 50 
  2.13  cents $5 shall be charged for the certification of each plat; 
  2.14     (6) for filing an amended floor plan in accordance with 
  2.15  chapter 515, an amended condominium plat in accordance with 
  2.16  chapter 515A, or a common interest community plat or amendment 
  2.17  complying with section 515B.2-110, subsection (c), the fee shall 
  2.18  be 50 cents per apartment or unit with a minimum fee of $30 $50; 
  2.19  and 
  2.20     (7) for a copy of a floor plan filed pursuant to chapter 
  2.21  515, a copy of a condominium plat filed in accordance with 
  2.22  chapter 515A, or a copy of a common interest community plat 
  2.23  complying with section 515B.2-110, subsection (c), the fee shall 
  2.24  be $1 for each page of the floor plan, condominium plat or 
  2.25  common interest community plat with a minimum fee of $10. 
  2.26     Sec. 2.  Minnesota Statutes 2002, section 357.18, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  [FEES FOR RECORDING INSTRUMENTS IN COUNTY 
  2.29  RECORDER OFFICE.] Notwithstanding the provisions of any general 
  2.30  or special law to the contrary, the fees established in 
  2.31  subdivision 1 shall be the fees charged in all counties.  The 
  2.32  fees prescribed by this section shall govern the filing or 
  2.33  recording of all instruments in the office of the county 
  2.34  recorder other than Uniform Commercial Code documents, and 
  2.35  documents filed or recorded pursuant to sections 270.69, 
  2.36  subdivision 2, paragraph (c), 272.481 to 272.488, 277.20, and 
  3.1   386.77. 
  3.2      Sec. 3.  Minnesota Statutes 2002, section 357.18, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 3a.  [INFORMATION TECHNOLOGY ADAPTATION FUND.] A 
  3.5   maximum of $5 of each fee collected under subdivision 1, clause 
  3.6   (1), shall be deposited in a county information technology 
  3.7   adaptation fund for obtaining, maintaining, and updating current 
  3.8   technology and equipment to provide services from the record 
  3.9   system.  The fund shall be disbursed at the county recorder's 
  3.10  discretion to provide modern information services from the 
  3.11  record system. 
  3.12     Sec. 4.  Minnesota Statutes 2002, section 357.18, 
  3.13  subdivision 5, is amended to read: 
  3.14     Subd. 5.  [VARIANCE FROM STANDARDS.] A document that does 
  3.15  not conform to the standards in section 507.093, paragraph (a), 
  3.16  shall not be recorded except upon payment of an additional fee 
  3.17  of $10 $20 per document.  This subdivision applies only to 
  3.18  documents dated after July 31, 1997, and does not apply to 
  3.19  Minnesota uniform conveyancing blanks contained in the book of 
  3.20  forms in the office of the commissioner of commerce provided for 
  3.21  under section 507.09, certified copies, or any other form 
  3.22  provided for under Minnesota Statutes. 
  3.23     Sec. 5.  Minnesota Statutes 2002, section 505.08, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [PUBLIC CERTIFIED COPIES.] The copies of the 
  3.26  official plat or of the exact reproducible copy shall be 
  3.27  compared and certified to by the county recorder in the manner 
  3.28  in which certified copies of records are issued in the 
  3.29  recorder's office, and the copy thereof shall be bound in a 
  3.30  proper volume for the use of the general public and anyone shall 
  3.31  have access to and may inspect such certified copy at their 
  3.32  pleasure.  When the plat includes both registered and 
  3.33  nonregistered land two copies thereof shall be so certified and 
  3.34  bound, one for such general public use in each of the offices of 
  3.35  the county recorder and registrar of titles; provided, however, 
  3.36  that only one such copy so certified and bound shall be provided 
  4.1   for general public use in those counties wherein the office 
  4.2   quarters of the county recorder and registrar of titles are one 
  4.3   and the same.  When the copy, or any part thereof, shall become 
  4.4   unintelligible from use or wear or otherwise, at the request of 
  4.5   the county recorder it shall be the duty of the county surveyor 
  4.6   to make a reproduction copy of the official plat, or the exact 
  4.7   transparent reproducible copy under the direct supervision of 
  4.8   the county recorder, who shall compare the copy, certify that it 
  4.9   is a correct copy thereof, by proper certificate as above set 
  4.10  forth, and it shall be bound in the volume, and under the page, 
  4.11  and in the place of the discarded copy.  In counties not having 
  4.12  a county surveyor the county recorder shall employ a licensed 
  4.13  land surveyor to make such reproduction copy, at the expense of 
  4.14  the county.  The county recorder shall receive as a fee for 
  4.15  filing these plats, as aforesaid described, 50 cents per lot, 
  4.16  but shall receive not less than $30 $50 for any plat filed in 
  4.17  the recorder's office.  Reproductions from the exact transparent 
  4.18  reproducible copy shall be available to any person upon request 
  4.19  and the cost of such reproductions shall be paid by the person 
  4.20  making such request.  If a copy of the official plat is 
  4.21  requested the county recorder shall prepare it and duly certify 
  4.22  that it is a copy of the official plat and the cost of such copy 
  4.23  shall be paid by the person making such request. 
  4.24     Sec. 6.  Minnesota Statutes 2002, section 507.093, is 
  4.25  amended to read: 
  4.26     507.093 [STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.] 
  4.27     (a) The following standards are imposed on documents to be 
  4.28  recorded with the county recorder or filed with the registrar of 
  4.29  titles: 
  4.30     (1) The document shall consist of one or more individual 
  4.31  sheets measuring no larger than 8.5 inches by 14 inches. 
  4.32     (2) The form of the document shall be printed, typewritten, 
  4.33  or computer generated in black ink and the form of the document 
  4.34  shall not be smaller than 8-point type.  
  4.35     (3) The document shall be on white paper of not less than 
  4.36  20-pound weight with no background color, images, or writing and 
  5.1   shall have a clear border of approximately one-half inch on the 
  5.2   top, bottom, and each side.  
  5.3      (4) The first page of the document shall contain a blank 
  5.4   space at the top measuring three inches, as measured from the 
  5.5   top of the page.  The right half to be used by the county 
  5.6   recorder for recording information or registrar of titles for 
  5.7   filing information and the left half to be used by the county 
  5.8   auditor or treasurer for certification.  
  5.9      (5) The title of the document shall be prominently 
  5.10  displayed at the top of the first page below the blank space 
  5.11  referred to in clause (4).  
  5.12     (6) No additional sheet shall be attached or affixed to a 
  5.13  page that covers up any information or printed part of the form. 
  5.14     (7) A document presented for recording or filing must be 
  5.15  sufficiently legible to reproduce a readable copy using the 
  5.16  county recorder's or registrar of title's current method of 
  5.17  reproduction.  
  5.18     The standards in this paragraph do not apply to a document 
  5.19  that is recorded or filed as part of a pilot project for the 
  5.20  electronic filing of real estate documents implemented by the 
  5.21  task force created in Laws 2000, chapter 391.  
  5.22     (b) The recording or filing fee for a document that does 
  5.23  not conform to the standards in paragraph (a) shall be increased 
  5.24  as provided in sections 357.18, subdivision 5; 508.82; and 
  5.25  508A.82. 
  5.26     (c) The recorder or registrar shall refund the recording or 
  5.27  filing fee to the applicant if the real estate documents are not 
  5.28  filed or registered within 30 days after receipt, or as 
  5.29  otherwise provided by section 386.30. 
  5.30     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  5.31  508.82, subdivision 1, is amended to read: 
  5.32     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
  5.33  to the registrar shall be as follows: 
  5.34     (1) of the fees provided herein, five percent $1.50 of the 
  5.35  fees collected under clauses (3), (5), (11), (13) (4), (10), 
  5.36  (12), (14), (16), and (17), for filing or memorializing shall be 
  6.1   paid to the commissioner of finance and credited to the general 
  6.2   fund; plus a $5 surcharge shall be charged and collected in 
  6.3   addition to the total fees charged for each transaction $10 of 
  6.4   the fees collected under clauses (2), (3), (5), (11) (4), (10), 
  6.5   (12), (13), (14), (16), and (17), with shall be distributed as 
  6.6   follows:  50 cents of this surcharge to be retained by the 
  6.7   county to cover its administrative costs and $5 must be 
  6.8   deposited in the information technology adaptation fund under 
  6.9   section 357.18, 50 cents must be deposited in the state treasury 
  6.10  to provide an additional funding source for the appropriations 
  6.11  in Laws 2001, First Special Session chapter 10, article 2, 
  6.12  sections 98 and 99, to the Legislative Coordinating Commission 
  6.13  for the Real Estate Task Force established under Laws 2000, 
  6.14  chapter 391, and $4 to be paid to the state treasury and 
  6.15  credited to the general fund; 
  6.16     (2) for registering a first certificate of title, including 
  6.17  issuing a copy of it, $30 $40.  The fee is distributed as 
  6.18  follows:  $4 shall be paid to the state treasury and credited to 
  6.19  the general fund; 50 cents must be deposited in the state 
  6.20  treasury and is appropriated to the Legislative Coordinating 
  6.21  Commission for the Task Force on Electronic Real Estate 
  6.22  Recording created by Laws 2000, chapter 391; 50 cents is to be 
  6.23  retained by the county to cover administrative costs; $5 is to 
  6.24  be deposited in the information technology adaptation fund under 
  6.25  section 357.18, subdivision 4; and $30 to the county general 
  6.26  fund; 
  6.27     (3) for registering each instrument transferring the fee 
  6.28  simple title for which a new certificate of title is issued and 
  6.29  for the registration of the new certificate of title, including 
  6.30  a copy of it, $30 $40.  The fee is distributed as follows:  
  6.31  $1.50 shall be paid to the commissioner of finance and credited 
  6.32  to the general fund; $4 shall be paid to the state treasury and 
  6.33  credited to the general fund; 50 cents must be deposited in the 
  6.34  state treasury and is appropriated to the Legislative 
  6.35  Coordinating Commission for the Task Force on Electronic Real 
  6.36  Estate Recording created by Laws 2000, chapter 391; 50 cents is 
  7.1   to be retained by the county to cover administrative costs; $5 
  7.2   is to be deposited in the information technology adaptation fund 
  7.3   under section 357.18, subdivision 4; and $28.50 to the county 
  7.4   general fund; 
  7.5      (4) for issuance of a CECT pursuant to section 508.351, 
  7.6   $15; 
  7.7      (5) for the entry of each memorial on a 
  7.8   certificate, $15 $40, and for multiple certificate entries, $20 
  7.9   thereafter.  The fees are distributed as follows:  $1.50 shall 
  7.10  be paid to the commissioner of finance and credited to the 
  7.11  general fund; $4 shall be paid to the state treasury and 
  7.12  credited to the general fund; 50 cents must be deposited in the 
  7.13  state treasury and is appropriated to the Legislative 
  7.14  Coordinating Commission for the Task Force on Electronic Real 
  7.15  Estate Recording created by Laws 2000, chapter 391; 50 cents is 
  7.16  to be retained by the county to cover administrative costs; $5 
  7.17  is to be deposited in the information technology adaptation fund 
  7.18  under section 357.18, subdivision 4; and $28.50 to the county 
  7.19  general fund.  
  7.20  The $20 fee for multiple certificate entries shall be paid into 
  7.21  the county general fund; 
  7.22     (6) (5) for issuing each residue certificate, $20 $40; 
  7.23     (7) (6) for exchange certificates, $10 $20 for each 
  7.24  certificate canceled and $10 $20 for each new certificate 
  7.25  issued; 
  7.26     (8) (7) for each certificate showing condition of the 
  7.27  register, $10 $50; 
  7.28     (9) (8) for any certified copy of any instrument or writing 
  7.29  on file in the registrar's office, the same fees allowed by law 
  7.30  to county recorders for like services; 
  7.31     (10) (9) for a noncertified copy of any certificate of 
  7.32  title, other than the copies issued under clauses (2) and (3), 
  7.33  any instrument or writing on file in the office of the registrar 
  7.34  of titles, or any specified page or part of it, an amount as 
  7.35  determined by the county board for each page or fraction of a 
  7.36  page specified.  If computer or microfilm printers are used to 
  8.1   reproduce the instrument or writing, a like amount per image; 
  8.2      (11) (10) for filing two copies of any plat in the office 
  8.3   of the registrar, $30 $50.  The fee is distributed as follows:  
  8.4   $1.50 shall be paid to the commissioner of finance and credited 
  8.5   to the general fund; $4 shall be paid to the state treasury and 
  8.6   credited to the general fund; 50 cents must be deposited in the 
  8.7   state treasury and is appropriated to the Legislative 
  8.8   Coordinating Commission for the Task Force on Electronic Real 
  8.9   Estate Recording created by Laws 2000, chapter 391; 50 cents is 
  8.10  to be retained by the county to cover administrative costs; $5 
  8.11  is to be deposited in the information technology adaptation fund 
  8.12  under section 357.18, subdivision 4; and $38.50 to the county 
  8.13  general fund; 
  8.14     (12) (11) for any other service under this chapter, such 
  8.15  fee as the court shall determine; 
  8.16     (13) (12) for filing an amendment to a declaration in 
  8.17  accordance with chapter 515, $10 $40 for each certificate upon 
  8.18  which the document is registered and $30 for multiple 
  8.19  certificate entries, $20 thereafter; $50 for an amended floor 
  8.20  plan filed in accordance with chapter 515.  The fees are 
  8.21  distributed as follows:  $1.50 shall be paid to the commissioner 
  8.22  of finance and credited to the general fund; $4 shall be paid to 
  8.23  the state treasury and credited to the general fund; 50 cents 
  8.24  must be deposited in the state treasury and is appropriated to 
  8.25  the Legislative Coordinating Commission for the Task Force on 
  8.26  Electronic Real Estate Recording created by Laws 2000, chapter 
  8.27  391; 50 cents is to be retained by the county to cover 
  8.28  administrative costs; $5 is to be deposited in the information 
  8.29  technology adaptation fund under section 357.18, subdivision 4; 
  8.30  and $28.50 to the county general fund for amendment to a 
  8.31  declaration; and $38.50 to the county general fund for an 
  8.32  amended floor plan.  
  8.33  The $20 fee for multiple certificate entries must be paid into 
  8.34  the county general fund; 
  8.35     (13) for issuance of a CECT pursuant to section 508.351, 
  8.36  $40; 
  9.1      (14) for filing an amendment to a common interest community 
  9.2   declaration and plat or amendment complying with section 
  9.3   515B.2-110, subsection (c), $10 $40 for each certificate upon 
  9.4   which the document is registered and $30 for multiple 
  9.5   certificate entries, $20 thereafter and $50 for the filing of 
  9.6   the condominium or common interest community plat or amendment.  
  9.7   The fees are distributed as follows:  $1.50 shall be paid to the 
  9.8   commissioner of finance and credited to the general fund; $4 
  9.9   shall be paid to the state treasury and credited to the general 
  9.10  fund; 50 cents must be deposited in the state treasury and is 
  9.11  appropriated to the Legislative Coordinating Commission for the 
  9.12  Task Force on Electronic Real Estate Recording created by Laws 
  9.13  2000, chapter 391; 50 cents is to be retained by the county to 
  9.14  cover administrative costs; $5 is to be deposited in the 
  9.15  information technology adaptation fund under section 357.18, 
  9.16  subdivision 4; and $28.50 to the county general fund for the 
  9.17  filing of an amendment complying with section 515B.2-110, 
  9.18  subsection (c), or $38.50 to the county general fund for the 
  9.19  filing of a condominium or CIC plat or amendment.  
  9.20  The $20 fee for multiple certificate entries must be paid into 
  9.21  the county general fund; 
  9.22     (15) for a copy of a condominium floor plan filed in 
  9.23  accordance with chapter 515, or a copy of a common interest 
  9.24  community plat complying with section 515B.2-110, subsection 
  9.25  (c), the fee shall be $1 for each page of the floor plan or 
  9.26  common interest community plat with a minimum fee of $10; 
  9.27     (16) for the filing of a certified copy of a plat of the 
  9.28  survey pursuant to section 508.23 or 508.671, $10 $40.  This fee 
  9.29  is distributed as follows:  $1.50 shall be paid to the 
  9.30  commissioner of finance and credited to the general fund; $4 
  9.31  shall be paid to the state treasury and credited to the general 
  9.32  fund; 50 cents must be deposited in the state treasury and is 
  9.33  appropriated to the Legislative Coordinating Commission for the 
  9.34  Task Force on Electronic Real Estate Recording created by Laws 
  9.35  2000, chapter 391; 50 cents is to be retained by the county to 
  9.36  cover administrative costs; $5 is to be deposited in the 
 10.1   information technology adaptation fund under section 357.18, 
 10.2   subdivision 4; and $28.50 to the county general fund; 
 10.3      (17) for filing a registered land survey in triplicate in 
 10.4   accordance with section 508.47, subdivision 4, $30 $50.  This 
 10.5   fee is distributed as follows:  $1.50 shall be paid to the 
 10.6   commissioner of finance and credited to the general fund; $4 
 10.7   shall be paid to the state treasury and credited to the general 
 10.8   fund; 50 cents must be deposited in the state treasury and is 
 10.9   appropriated to the Legislative Coordinating Commission for the 
 10.10  Task Force on Electronic Real Estate Recording created by Laws 
 10.11  2000, chapter 391; 50 cents is to be retained by the county to 
 10.12  cover administrative costs; $5 is to be deposited in the 
 10.13  information technology adaptation fund under section 357.18, 
 10.14  subdivision 4; and $38.50 to the county general fund; and 
 10.15     (18) for furnishing a certified copy of a registered land 
 10.16  survey in accordance with section 508.47, subdivision 4, $10 $15.
 10.17     Sec. 8.  Minnesota Statutes 2002, section 508.82, 
 10.18  subdivision 2, is amended to read: 
 10.19     Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
 10.20  not conform to the standards in section 507.093, paragraph (a), 
 10.21  shall not be filed except upon payment of an additional fee 
 10.22  of $10 $20 per document.  This subdivision applies only to 
 10.23  documents dated after July 31, 1997, and does not apply to 
 10.24  Minnesota uniform conveyancing blanks contained in the book of 
 10.25  forms in the office of the commissioner of commerce provided for 
 10.26  under section 507.09, certified copies, or any other form 
 10.27  provided for under Minnesota Statutes. 
 10.28     Sec. 9.  Minnesota Statutes 2003 Supplement, section 
 10.29  515B.1-116, is amended to read: 
 10.30     515B.1-116 [RECORDING.] 
 10.31     (a) A declaration, bylaws, any amendment to a declaration 
 10.32  or bylaws, and any other instrument affecting a common interest 
 10.33  community shall be entitled to be recorded.  In those counties 
 10.34  which have a tract index, the county recorder shall enter the 
 10.35  declaration in the tract index for each unit affected.  The 
 10.36  registrar of titles shall file the declaration in accordance 
 11.1   with section 508.351 or 508A.351. 
 11.2      (b) The recording officer shall upon request promptly 
 11.3   assign a number (CIC number) to a common interest community to 
 11.4   be formed or to a common interest community resulting from the 
 11.5   merger of two or more common interest communities. 
 11.6      (c) Documents recorded pursuant to this chapter shall in 
 11.7   the case of registered land be filed, and references to the 
 11.8   recording of documents shall mean filed in the case of 
 11.9   registered land. 
 11.10     (d) Subject to any specific requirements of this chapter, 
 11.11  if a recorded document relating to a common interest community 
 11.12  purports to require a certain vote or signatures approving any 
 11.13  restatement or amendment of the document by a certain number or 
 11.14  percentage of unit owners or secured parties, and if the 
 11.15  amendment or restatement is to be recorded pursuant to this 
 11.16  chapter, an affidavit of the president or secretary of the 
 11.17  association stating that the required vote or signatures have 
 11.18  been obtained shall be attached to the document to be recorded 
 11.19  and shall constitute prima facie evidence of the representations 
 11.20  contained therein. 
 11.21     (e) If a common interest community is located on registered 
 11.22  land, the recording fee for any document affecting two or more 
 11.23  units shall be the then-current fee for registering the document 
 11.24  on the certificates of title for the first ten affected 
 11.25  certificates and one-third of the then-current fee $40 for the 
 11.26  first ten affected certificates and $10 for each additional 
 11.27  affected certificate.  This provision shall not apply to 
 11.28  recording fees for deeds of conveyance, with the exception of 
 11.29  deeds given pursuant to sections 515B.2-119 and 515B.3-112. 
 11.30     (f) Except as permitted under this subsection, a recording 
 11.31  officer shall not file or record a declaration creating a new 
 11.32  common interest community, unless the county treasurer has 
 11.33  certified that the property taxes payable in the current year 
 11.34  for the real estate included in the proposed common interest 
 11.35  community have been paid.  This certification is in addition to 
 11.36  the certification for delinquent taxes required by section 
 12.1   272.12.  In the case of preexisting common interest communities, 
 12.2   the recording officer shall accept, file, and record the 
 12.3   following instruments, without requiring a certification as to 
 12.4   the current or delinquent taxes on any of the units in the 
 12.5   common interest community:  (i) a declaration subjecting the 
 12.6   common interest community to this chapter; (ii) a declaration 
 12.7   changing the form of a common interest community pursuant to 
 12.8   section 515B.2-123; or (iii) an amendment to or restatement of 
 12.9   the declaration, bylaws, or CIC plat.  In order for an 
 12.10  instrument to be accepted and recorded under the preceding 
 12.11  sentence, the instrument must not create or change unit or 
 12.12  common area boundaries. 
 12.13     Sec. 10.  [REPEALER.] 
 12.14     Minnesota Statutes 2002, section 357.18, subdivisions 3 and 
 12.15  4, are repealed.