SF 267

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

A bill for an act
relating to counties; providing for fees and standards
for the recording of certain documents; amending
Minnesota Statutes 2004, sections 357.18; 386.30;
507.093; 508.82; 508A.82; 515B.1-116.

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

Section 1.

Minnesota Statutes 2004, section 357.18, is
amended to read:

357.18 COUNTY RECORDER.

Subdivision 1.

County recorder fees.

The fees to be
charged by the county recorder shall be deleted text begin as follows deleted text end new text begin and not
exceed the following new text end :

(1) for indexing and recording any deed or other instrument
deleted text begin $1 for each page of an instrument, with a minimum fee of $15 deleted text end new text begin a
fee of $40; $4 shall be paid to the state treasury and credited
to the general fund; 50 cents shall be retained by the county to
cover the administrative costs; $10 shall be deposited in the
technology fund pursuant to subdivision 3; and $25.50 to the
county general fund new text end ;

(2) for documents containing multiple assignments, partial
releases or satisfactions $10 for each document number or book
and page cited;

(3) for certified copies of any records or papers, $1 for
each page of an instrument with a minimum fee of $5;

(4) for an abstract of title, the fees shall be determined
by resolution of the county board duly adopted upon the
recommendation of the county recorder, and the fees shall not
exceed deleted text begin $5 deleted text end new text begin $10 new text end for every entry, deleted text begin $50 deleted text end new text begin $100 new text end for abstract
certificate, $1 per page for each exhibit included within an
abstract as a part of an abstract entry, and deleted text begin $2 deleted text end new text begin $5 new text end per name for
each required name search certification;

(5) for a copy of an official plat filed pursuant to
section 505.08, the fee shall be deleted text begin $9.50 deleted text end new text begin $10 new text end and an additional deleted text begin 50
cents deleted text end new text begin $5 new text end shall be charged for the certification of each plat;

(6) for filing an amended floor plan in accordance with
chapter 515, an amended condominium plat in accordance with
chapter 515A, or a common interest community plat or amendment
complying with section 515B.2-110, subsection (c), the fee shall
be 50 cents per apartment or unit with a minimum fee of deleted text begin $30 deleted text end new text begin $50 new text end ;

(7) for a copy of a floor plan filed pursuant to chapter
515, a copy of a condominium plat filed in accordance with
chapter 515A, or a copy of a common interest community plat
complying with section 515B.2-110, subsection (c), the fee shall
be $1 for each page of the floor plan, condominium plat or
common interest community plat with a minimum fee of $10.

Subd. 1a.

Abstracting service fees.

Fees fixed by or
established pursuant to subdivision 1 shall be the maximum fee
charged in all counties where the county recorder performs
abstracting services and shall be charged by persons authorized
to perform abstracting services in county buildings pursuant to
section 386.18.

Subd. 2.

Fees for recording instruments in county
recorder office.

Notwithstanding the provisions of any deleted text begin general
or deleted text end special law to the contrary, the new text begin established fees pursuant to
subdivision 1 shall be the recording fee per document charged in
all counties. The new text end fees prescribed by this section shall govern
the filing or recording of all instruments in the office of the
county recorder other than Uniform Commercial Code documents,
and documents filed or recorded pursuant to sections 270.69,
subdivision 2, paragraph (c), 272.481 to 272.488, 277.20, and
386.77.

Subd. 3. deleted text begin [SURCHARGE.] In addition to the fees imposed in
subdivision 1, a $4.50 surcharge shall be collected: on each
fee charged under subdivision 1, clauses (1) and (6), and for
each abstract certificate under subdivision 1, clause (4).
Fifty cents of each surcharge shall be retained by the county to
cover its administrative costs and $4 shall be paid to the state
treasury and credited to the general fund.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin equipment deleted text end new text begin technology new text end fund.

deleted text begin $1 of each deleted text end new text begin The $10
new text end fee collected under subdivision 1, clause (1), shall be
deposited in deleted text begin an equipment deleted text end new text begin a technology new text end fund deleted text begin to deleted text end new text begin for obtaining,
maintaining, and updating current technology and equipment to
provide services from the record system. The fund shall new text end be
disbursed at the county recorder's discretion to provide modern
information services from the records system. new text begin The fund is a
supplemental fund and shall not be construed to diminish the
duty of the county governing body to furnish funding for
expenses and personnel necessary in the performance of the
duties of said office pursuant to section 386.015, subdivision
6, paragraph (a), clause (2), and to comply with the
requirements of section 386.30.
new text end

Subd. deleted text begin 5 deleted text end new text begin 4 new text end . [VARIANCE FROM STANDARDS.] A document deleted text begin that does
not deleted text end new text begin should new text end conform to the standards in section 507.093,
paragraph (a), deleted text begin shall not be recorded except upon payment of an
additional fee of $10 per document deleted text end new text begin but should not be rejected
unless the document is not legible or cannot be archived new text end . This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks deleted text begin contained in the book of forms deleted text end new text begin on file new text end in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.

Sec. 2.

Minnesota Statutes 2004, section 386.30, is
amended to read:

386.30 DEEDS RECORDED WITHIN deleted text begin 30 deleted text end new text begin 15 BUSINESS new text end DAYS.

Each county recorder shall, within deleted text begin 30 deleted text end new text begin 15 business new text end days
after any instrument entitled to record is left for that
purpose, actually record the same in the manner provided by law
and return the same in person or by mail to the person who left
such instrument for record, if the person's residence is known,
or to such other person and at such address as the recorder may
be directed to deliver the same. new text begin If the instrument is submitted
electronically, the recorder must return it in the same manner
within five business days. new text end Persistent failure to so record and
return instruments entitled to record, upon demand therefor and
payment of recording fees, shall constitute nonfeasance in
office and be sufficient ground for removal therefrom. new text begin The
15-business-day and five-business-day periods begin on the day
that the tax certifications required by chapters 272 and 287 are
made. new text end In a county in which the office of county recorder has
been combined with another county office, the deleted text begin 30-day
deleted text end new text begin 15-business-day new text end time period begins when the tax certifications
required by chapters 272 and 287 are made, but the total period
to complete the time period after receipt of the instrument by
the office must not exceed deleted text begin 60 deleted text end new text begin 30 business new text end days.

Sec. 3.

Minnesota Statutes 2004, section 507.093, is
amended to read:

507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED deleted text begin OR FILED deleted text end .

(a) The following standards are imposed on documents to be
recorded with the county recorder or deleted text begin filed deleted text end 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 deleted text begin , deleted text end new text begin or new text end images deleted text begin , or writing
deleted text end and shall have a deleted text begin clear deleted text end border of deleted text begin approximately deleted text end 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 new text begin is new text end to be used by the county
recorder new text begin or registrar of titles new text end for recording information deleted text begin or
registrar of titles for filing information deleted text end and the left half new text begin is
new text end to be used by the county auditor or treasurer for
certification. new text begin An administrative page may be attached to the
face of the document to accommodate this standard.
new text end

(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 deleted text begin or filing deleted text end must be
sufficiently legible to deleted text begin reproduce deleted text end new text begin produce new text end a readable copy using
the county recorder's or registrar of deleted text begin title's deleted text end new text begin titles' new text end current
method of deleted text begin reproduction deleted text end new text begin archiving records new text end .

deleted text begin The standards in this paragraph 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 391.
deleted text end

(b) deleted text begin 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.
deleted text end

deleted text begin (c) deleted text end The deleted text begin recorder or registrar deleted text end new text begin general fund new text end shall refund the
recording deleted text begin or filing deleted text end fee to the applicant if the real estate
documents are not deleted text begin filed or registered deleted text end new text begin recorded new text end within deleted text begin 30 deleted text end new text begin 15
business new text end days after receipt new text begin or after five business days if the
document is submitted electronically new text end , or as otherwise provided
by section 386.30.

Sec. 4.

Minnesota Statutes 2004, section 508.82, is
amended to read:

508.82 deleted text begin REGISTRAR'S deleted text end new text begin REGISTRAR OF TITLES' new text end FEES.

Subdivision 1.

Standard documents.

The fees to be deleted text begin paid
to deleted text end new text begin charged by new text end the registrar new text begin of titles new text end shall be deleted text begin as follows deleted text end new text begin and
not exceed the following new text end :

(1) of the fees provided herein, deleted text begin five percent deleted text end new text begin $1.50 new text end of the
fees collected under clauses (3), deleted text begin (5), (11), (13), deleted text end new text begin (4), (10),
(12), new text end (14), (16), and (17) deleted text begin , deleted text end for filing or memorializing shall be
paid to the deleted text begin commissioner of finance deleted text end new text begin state treasury pursuant to
section 508.75 new text end and credited to the general fund; deleted text begin plus a $4.50
surcharge shall be charged and collected in addition to the
total fees charged for each transaction under clauses (2), (3),
(5), (11), (13), (14), (16), and (17), with 50 cents of this
surcharge to be retained by the county to cover its
administrative costs, and $4 to be paid to the state treasury
and credited to the general fund;
deleted text end

(2) for registering a first certificate of title, including
issuing a copy of it, deleted text begin $30 deleted text end new text begin $40. Pursuant to clause (1),
distribution of this fee is as follows:
new text end

new text begin (i) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iii) $10 shall be deposited in the technology fund
pursuant to section 357.18, subdivision 3; and
new text end

new text begin (iv) $25.50 shall be deposited to the county general fund new text end ;

(3) for registering each instrument transferring the fee
simple title for which a new certificate of title is issued and
for the registration of the new certificate of title, including
a copy of it, deleted text begin $30 deleted text end new text begin $40. Pursuant to clause (1), distribution of
this fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (v) $24 shall be deposited to the county general fund new text end ;

(4) deleted text begin for issuance of a CECT pursuant to section 508.351,
$15;
deleted text end

deleted text begin (5) deleted text end for the entry of each memorial on a
certificate, deleted text begin $15 deleted text end new text begin $40. For multiple certificate entries, $20
thereafter. Pursuant to clause (1), distribution of this fee is
as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (v) $24 shall be deposited to the county general fund; and
new text end

new text begin (vi) $20 shall be deposited to the county general fund for
each multiple entry used new text end ;

deleted text begin (6) deleted text end new text begin (5) new text end for issuing each residue certificate, deleted text begin $20 deleted text end new text begin $40 new text end ;

deleted text begin (7) deleted text end new text begin (6) new text end for exchange certificates, deleted text begin $10 deleted text end new text begin $20 new text end for each
certificate canceled and deleted text begin $10 deleted text end new text begin $20 new text end for each new certificate
issued;

deleted text begin (8) deleted text end new text begin (7) new text end for each certificate showing condition of the
register, deleted text begin $10 deleted text end new text begin $50 new text end ;

deleted text begin (9) deleted text end new text begin (8) new text end for any certified copy of any instrument or writing
on file new text begin or recorded new text end in the deleted text begin registrar's deleted text end new text begin registrar of titles'
new text end office, the same fees allowed by law to county recorders for
like services;

deleted text begin (10) deleted text end new text begin (9) new text end for a noncertified copy of any certificate of
title, other than the copies issued under clauses (2) and (3),
any instrument or writing on file new text begin or recorded new text end in the office of
the registrar of titles, or any specified page or part of it, an
amount as determined by the county board for each page or
fraction of a page specified. If computer or microfilm printers
are used to reproduce the instrument or writing, a like amount
per image;

deleted text begin (11) deleted text end new text begin (10) new text end for filing two copies of any plat in the office
of the registrar, deleted text begin $30 deleted text end new text begin $50. Pursuant to clause (1), distribution
of this fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (v) $34 shall be deposited to the county general fund new text end ;

deleted text begin (12) deleted text end new text begin (11) new text end for any other service under this chapter, such
fee as the court shall determine;

deleted text begin (13) deleted text end new text begin (12) new text end for filing an amendment to a declaration in
accordance with chapter 515, deleted text begin $10 deleted text end new text begin $40 new text end for each certificate upon
which the document is registered and deleted text begin $30 deleted text end new text begin for multiple
certificate entries, $20 thereafter; $50 new text end for an amended floor
plan filed in accordance with chapter 515 new text begin . Pursuant to clause
(1), distribution of this fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (v) $24 shall be deposited to the county general fund for
amendment to a declaration;
new text end

new text begin (vi) $20 shall be deposited to the county general fund for
each multiple entry used; and
new text end

new text begin (vii) $34 shall be deposited to the county general fund for
an amended floor plan new text end ;

new text begin (13) for issuance of a CECT pursuant to section 508.351,
$40;
new text end

(14) for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), deleted text begin $10 deleted text end new text begin $40 new text end for each certificate upon
which the document is registered and deleted text begin $30 deleted text end new text begin for multiple
certificate entries, $20 thereafter and $50 new text end for the filing of
the condominium or common interest community plat or amendment new text begin .
Pursuant to clause (1), distribution of this fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (v) $24 shall be deposited to the county general fund for
the filing of an amendment complying with section 515B.2-110,
subsection (c);
new text end

new text begin (vi) $20 shall be deposited to the county general fund for
each multiple entry used; and
new text end

new text begin (vii) $34 shall be deposited to the county general fund for
the filing of a condominium or CIC plat or amendment new text end ;

(15) for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan or
common interest community plat with a minimum fee of $10;

(16) for the filing of a certified copy of a plat of the
survey pursuant to section 508.23 or 508.671, deleted text begin $10 deleted text end new text begin $40. Pursuant
to clause (1), distribution of this fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (v) $24 shall be deposited to the county general fund new text end ;

(17) for filing a registered land survey in triplicate in
accordance with section 508.47, subdivision 4, deleted text begin $30 deleted text end new text begin $50.
Pursuant to clause (1), distribution of this fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover its
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (v) $34 shall be deposited to the county general fund new text end ; and

(18) for furnishing a certified copy of a registered land
survey in accordance with section 508.47, subdivision 4, deleted text begin $10 deleted text end new text begin $15 new text end .

new text begin Subd. 1a. new text end [FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR
OF TITLES' OFFICE.] new text begin Notwithstanding the provisions of any
general or special law to the contrary, the established fees
pursuant to subdivision 1 shall be the recording fee per
document charged in all counties. No other fee may be required
for recording a document with the registrar of titles without
amending section 508.82. The fees prescribed by this section
shall govern the filing or recording of all instruments in the
office of the registrar of titles other than Uniform Commercial
Code documents and documents filed or recorded pursuant to
sections 270.69, subdivision 2, paragraph (c); 272.481 to
272.488; 277.20; and 386.77.
new text end

Subd. 2.

Variance from standards.

A document deleted text begin that does
not deleted text end new text begin should new text end conform to the standards in section 507.093,
paragraph (a), deleted text begin shall not be filed except upon payment of an
additional fee of $10 per document deleted text end new text begin but should not be rejected
unless the document is not legible or cannot be archived new text end . This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks deleted text begin contained in the book of forms deleted text end new text begin on file new text end in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.

Sec. 5.

Minnesota Statutes 2004, section 508A.82, is
amended to read:

508A.82 deleted text begin REGISTRAR'S deleted text end new text begin REGISTRAR OF TITLES' new text end FEES.

Subdivision 1.

Standard documents.

The fees to be deleted text begin paid
to deleted text end new text begin charged by new text end the registrar new text begin of titles new text end shall be deleted text begin as follows deleted text end new text begin and
not exceed the following new text end :

(1) of the fees provided herein, deleted text begin five percent deleted text end new text begin $1.50 new text end of the
fees collected under clauses (3), (5), (11), (13), deleted text begin (14) deleted text end new text begin (15) new text end ,
and deleted text begin (17), deleted text end new text begin (18) new text end for filing or memorializing shall be paid to the
deleted text begin commissioner of finance deleted text end new text begin state treasury pursuant to section
508.75 new text end and credited to the general fund; deleted text begin plus a $4.50 surcharge
shall be charged and collected in addition to the total fees
charged for each transaction under clauses (2), (3), (5), (11),
(13), (14), and (17), with 50 cents of this surcharge to be
retained by the county to cover its administrative costs, and $4
to be paid to the state treasury and credited to the general
fund;
deleted text end

(2) for registering a first CPT, including issuing a copy
of it, deleted text begin $30; deleted text end new text begin $40. Pursuant to clause (1), distribution of the
fee is as follows:
new text end

new text begin (i) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iii) $10 shall be deposited in the technology fund
pursuant to section 357.18, subdivision 3; and
new text end

new text begin (iv) $25.50 shall be deposited to the county general fund;
new text end

(3) for registering each instrument transferring the fee
simple title for which a new CPT is issued and for the
registration of the new CPT, including a copy of it, deleted text begin $30; deleted text end new text begin $40.
Pursuant to clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (v) $24 shall be deposited to the county general fund;
new text end

(4) for issuance of a CECT pursuant to section 508A.351,
$15;

(5) for the entry of each memorial on a CPT, deleted text begin $15; deleted text end new text begin $40; for
multiple certificate entries, $20 thereafter. Pursuant to
clause (1) distribution of the fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (v) $24 shall be deposited to the county general fund; and
new text end

new text begin (vi) $20 shall be deposited to the county general fund for
each multiple entry used;
new text end

(6) for issuing each residue CPT, deleted text begin $20 deleted text end new text begin $40 new text end ;

(7) for exchange CPTs or combined certificates of title,
deleted text begin $10 deleted text end new text begin $20 new text end for each CPT and certificate of title canceled and
deleted text begin $10 deleted text end new text begin $20 new text end for each new CPT or combined certificate of title
issued;

(8) for each CPT showing condition of the
register, deleted text begin $10 deleted text end new text begin $50 new text end ;

(9) for any certified copy of any instrument or writing on
file new text begin or recorded new text end in the deleted text begin registrar's deleted text end new text begin registrar of titles' new text end office,
the same fees allowed by law to county recorders for like
services;

(10) for a noncertified copy of any CPT, other than the
copies issued under clauses (2) and (3), any instrument or
writing on file new text begin or recorded new text end in the office of the registrar of
titles, or any specified page or part of it, an amount as
determined by the county board for each page or fraction of a
page specified. If computer or microfilm printers are used to
reproduce the instrument or writing, a like amount per image;

(11) for filing two copies of any plat in the office of the
registrar, deleted text begin $30; deleted text end new text begin $50. Pursuant to clause (1), distribution of
the fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (v) $34 shall be deposited to the county general fund;
new text end

(12) for any other service under sections 508A.01 to
508A.85, the fee the court shall determine;

(13) for filing an amendment to a declaration in accordance
with chapter 515, deleted text begin $10 deleted text end new text begin $40 new text end for each certificate upon which the
document is registered and deleted text begin $30 deleted text end new text begin for multiple certificate entries,
$20 thereafter; $50 new text end for an amended floor plan filed in
accordance with chapter 515 deleted text begin ; deleted text end new text begin . Pursuant to clause (1),
distribution of the fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (v) $24 shall be deposited to the county general fund for
amendment to a declaration;
new text end

new text begin (vi) $20 shall be deposited to the county general fund for
each multiple entry used; and
new text end

new text begin (vii) $34 shall be deposited to the county general fund for
an amended floor plan;
new text end

(14) new text begin for issuance of a CECT pursuant to section 508.351,
$40;
new text end

new text begin (15) new text end for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), and issuing a CECT if
required, deleted text begin $10 deleted text end new text begin $40 new text end for each certificate upon which the document
is registered and deleted text begin $30 deleted text end new text begin for multiple certificate entries, $20
thereafter; $50 new text end for the filing of the condominium or common
interest community plat or amendment deleted text begin ; deleted text end new text begin . Pursuant to clause (1),
distribution of the fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (v) $24 shall be deposited to the county general fund for
the filing of an amendment complying with section 515B.2-110,
subsection (c);
new text end

new text begin (vi) $20 shall be deposited to the county general fund for
each multiple entry used; and
new text end

new text begin (vii) $34 shall be deposited to the county general fund for
the filing of a condominium or CIC plat or amendment;
new text end

deleted text begin (15) deleted text end new text begin (16) new text end for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan, or
common interest community plat with a minimum fee of $10;

deleted text begin (16) deleted text end new text begin (17) new text end in counties in which the compensation of the
examiner of titles is paid in the same manner as the
compensation of other county employees, for each parcel of land
contained in the application for a CPT, as the number of parcels
is determined by the examiner, a fee which is reasonable and
which reflects the actual cost to the county, established by the
board of county commissioners of the county in which the land is
located;

deleted text begin (17) deleted text end new text begin (18) new text end for filing a registered land survey in triplicate
in accordance with section 508A.47, subdivision 4, deleted text begin $30; and deleted text end new text begin $50.
Pursuant to clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $1.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $4 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (iii) 50 cents shall be retained by the county to cover
administrative costs;
new text end

new text begin (iv) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (v) $34 shall be deposited to the county general fund; and
new text end

deleted text begin (18) deleted text end new text begin (19) new text end for furnishing a certified copy of a registered
land survey in accordance with section 508A.47, subdivision
4, deleted text begin $10 deleted text end new text begin $15 new text end .

new text begin Subd. 1a. new text end

new text begin Fees to record instruments with registrar of
titles. new text end

new text begin Notwithstanding any special law to the contrary, the
established fees pursuant to subdivision 1 shall be the
recording fee per document charged in all counties. No other
fee may be required for recording a document with the registrar
of titles without amending section 508A.32. The fees prescribed
by this section shall govern the filing or recording of all
instruments in the office of the registrar of titles other than
Uniform Commercial Code documents, and documents filed or
recorded pursuant to sections 270.69, subdivision 2, paragraph
(c); 272.481 to 272.488; 277.20; and 386.77.
new text end

Subd. 2.

Variance from standards.

A document deleted text begin that does
not deleted text end new text begin should new text end conform to the standards in section 507.093,
paragraph (a), deleted text begin shall not be filed except upon payment of an
additional fee of $10 per document deleted text end new text begin but should not be rejected
unless the document is not legible or cannot be archived new text end . This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks deleted text begin contained in the book of forms deleted text end new text begin on file new text end in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.

Sec. 6.

Minnesota Statutes 2004, section 515B.1-116, is
amended to read:

515B.1-116 RECORDING.

(a) A declaration, bylaws, any amendment to a declaration
or bylaws, and any other instrument affecting a common interest
community shall be entitled to be recorded. In those counties
which have a tract index, the county recorder shall enter the
declaration in the tract index for each unit affected. The
registrar of titles shall file the declaration in accordance
with section 508.351 or 508A.351.

(b) The recording officer shall upon request promptly
assign a number (CIC number) to a common interest community to
be formed or to a common interest community resulting from the
merger of two or more common interest communities.

(c) Documents recorded pursuant to this chapter shall in
the case of registered land be filed, and references to the
recording of documents shall mean filed in the case of
registered land.

(d) Subject to any specific requirements of this chapter,
if a recorded document relating to a common interest community
purports to require a certain vote or signatures approving any
restatement or amendment of the document by a certain number or
percentage of unit owners or secured parties, and if the
amendment or restatement is to be recorded pursuant to this
chapter, an affidavit of the president or secretary of the
association stating that the required vote or signatures have
been obtained shall be attached to the document to be recorded
and shall constitute prima facie evidence of the representations
contained therein.

(e) If a common interest community is located on registered
land, the recording fee for any document affecting two or more
units shall be deleted text begin the then-current fee for registering the document
on the certificates of title for the first ten affected
certificates and one-third of the then-current fee for each
additional affected certificate deleted text end new text begin $40 for the first ten affected
certificates and $10 for each additional affected certificate new text end .
This provision shall not apply to recording fees for deeds of
conveyance, with the exception of deeds given pursuant to
sections 515B.2-119 and 515B.3-112.

(f) Except as permitted under this subsection, a recording
officer shall not file or record a declaration creating a new
common interest community, unless the county treasurer has
certified that the property taxes payable in the current year
for the real estate included in the proposed common interest
community have been paid. This certification is in addition to
the certification for delinquent taxes required by section
272.12. In the case of preexisting common interest communities,
the recording officer shall accept, file, and record the
following instruments, without requiring a certification as to
the current or delinquent taxes on any of the units in the
common interest community: (i) a declaration subjecting the
common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to
section 515B.2-123; or (iii) an amendment to or restatement of
the declaration, bylaws, or CIC plat. In order for an
instrument to be accepted and recorded under the preceding
sentence, the instrument must not create or change unit or
common area boundaries.