SF 2707

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to real estate; filling in an inadvertent 
  1.3             omission for a temporary increase in the surcharge for 
  1.4             filing and recording certain documents to fund the 
  1.5             real estate task force; extending the effective date 
  1.6             for the surcharges; appropriating money; amending 
  1.7             Minnesota Statutes 2001 Supplement, sections 357.18, 
  1.8             subdivision 3; 508.82, subdivision 1; 508A.82, 
  1.9             subdivision 1; Laws 2001, First Special Session 
  1.10            chapter 10, article 2, section 77; Laws 2001, First 
  1.11            Special Session chapter 10, article 2, section 98; 
  1.12            Laws 2001, First Special Session chapter 10, article 
  1.13            2, section 99. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.16  357.18, subdivision 3, is amended to read: 
  1.17     Subd. 3.  [SURCHARGE.] In addition to the fees imposed in 
  1.18  subdivision 1, a $5 surcharge shall be collected:  on each fee 
  1.19  charged under subdivision 1, clauses (1) and (6), and for each 
  1.20  abstract certificate under subdivision 1, clause (4).  The 
  1.21  amount of the surcharge is $5 until June 30, 2004, and $4.50 on 
  1.22  and after July 1, 2004.  Fifty cents of each surcharge shall be 
  1.23  retained by the county to cover its administrative costs, 50 
  1.24  cents shall be appropriated to the legislative coordinating 
  1.25  commission for the task force on electronic real estate 
  1.26  recording created by Laws 2000, chapter 391, and.  Until June 
  1.27  30, 2004, $4.50 shall be paid to the state treasury and credited 
  1.28  to the general fund.  On and after July 1, 2004, $4 shall be 
  1.29  paid to the state treasury and credited to the general fund. 
  2.1      Sec. 2.  Minnesota Statutes 2001 Supplement, section 
  2.2   508.82, subdivision 1, is amended to read: 
  2.3      Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
  2.4   to the registrar shall be as follows: 
  2.5      (1) of the fees provided herein, five percent of the fees 
  2.6   collected under clauses (3), (5), (11), (13), (14), (16), and 
  2.7   (17), for filing or memorializing shall be paid to the state 
  2.8   treasurer and credited to the general fund; plus a $4.50 
  2.9   surcharge shall be charged and collected in addition to the 
  2.10  total fees charged for each transaction under clauses (2), (3), 
  2.11  (5), (11), (13), (14), (16), and (17), with; the amount of the 
  2.12  surcharge is $5 until June 30, 2004, and $4.50 on and after July 
  2.13  1, 2004; 50 cents of this surcharge to must be retained by the 
  2.14  county to cover its administrative costs and; until June 30, 
  2.15  2004, $4.50 of the surcharge must be paid to the state treasury 
  2.16  and credited to the general fund; on and after July 1, 
  2.17  2004, $4 to must be paid to the state treasury and credited to 
  2.18  the general fund; 
  2.19     (2) for registering a first certificate of title, including 
  2.20  issuing a copy of it, $30; 
  2.21     (3) for registering each instrument transferring the fee 
  2.22  simple title for which a new certificate of title is issued and 
  2.23  for the registration of the new certificate of title, including 
  2.24  a copy of it, $30; 
  2.25     (4) for issuance of a CECT pursuant to section 508.351, 
  2.26  $15; 
  2.27     (5) for the entry of each memorial on a certificate, $15; 
  2.28     (6) for issuing each residue certificate, $20; 
  2.29     (7) for exchange certificates, $10 for each certificate 
  2.30  canceled and $10 for each new certificate issued; 
  2.31     (8) for each certificate showing condition of the register, 
  2.32  $10; 
  2.33     (9) for any certified copy of any instrument or writing on 
  2.34  file in the registrar's office, the same fees allowed by law to 
  2.35  county recorders for like services; 
  2.36     (10) for a noncertified copy of any certificate of title, 
  3.1   other than the copies issued under clauses (2) and (3), any 
  3.2   instrument or writing on file in the office of the registrar of 
  3.3   titles, or any specified page or part of it, an amount as 
  3.4   determined by the county board for each page or fraction of a 
  3.5   page specified.  If computer or microfilm printers are used to 
  3.6   reproduce the instrument or writing, a like amount per image; 
  3.7      (11) for filing two copies of any plat in the office of the 
  3.8   registrar, $30; 
  3.9      (12) for any other service under this chapter, such fee as 
  3.10  the court shall determine; 
  3.11     (13) for filing an amendment to a declaration in accordance 
  3.12  with chapter 515, $10 for each certificate upon which the 
  3.13  document is registered and $30 for an amended floor plan filed 
  3.14  in accordance with chapter 515; 
  3.15     (14) for filing an amendment to a common interest community 
  3.16  declaration and plat or amendment complying with section 
  3.17  515B.2-110, subsection (c), $10 for each certificate upon which 
  3.18  the document is registered and $30 for the filing of the 
  3.19  condominium or common interest community plat or amendment; 
  3.20     (15) for a copy of a condominium floor plan filed in 
  3.21  accordance with chapter 515, or a copy of a common interest 
  3.22  community plat complying with section 515B.2-110, subsection 
  3.23  (c), the fee shall be $1 for each page of the floor plan or 
  3.24  common interest community plat with a minimum fee of $10; 
  3.25     (16) for the filing of a certified copy of a plat of the 
  3.26  survey pursuant to section 508.23 or 508.671, $10; 
  3.27     (17) for filing a registered land survey in triplicate in 
  3.28  accordance with section 508.47, subdivision 4, $30; and 
  3.29     (18) for furnishing a certified copy of a registered land 
  3.30  survey in accordance with section 508.47, subdivision 4, $10. 
  3.31     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.32  508A.82, subdivision 1, is amended to read: 
  3.33     Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
  3.34  to the registrar shall be as follows:  
  3.35     (1) of the fees provided herein, five percent of the fees 
  3.36  collected under clauses (3), (5), (11), (13), (14), and (17), 
  4.1   for filing or memorializing shall be paid to the state treasurer 
  4.2   and credited to the general fund; plus a $4.50 surcharge shall 
  4.3   be charged and collected in addition to the total fees charged 
  4.4   for each transaction under clauses (2), (3), (5), (11), (13), 
  4.5   (14), and (17), with; until June 30, 2004, the amount of the 
  4.6   surcharge is $5; on and after July 1, 2004, the surcharge is 
  4.7   $4.50; 50 cents of this surcharge to must be retained by the 
  4.8   county to cover its administrative costs and; until June 30, 
  4.9   2004, $4.50 of the surcharge must be paid to the state treasury 
  4.10  and credited to the general fund; on and after July 1, 
  4.11  2004, $4 to must be paid to the state treasury and credited to 
  4.12  the general fund; 
  4.13     (2) for registering a first CPT, including issuing a copy 
  4.14  of it, $30; 
  4.15     (3) for registering each instrument transferring the fee 
  4.16  simple title for which a new CPT is issued and for the 
  4.17  registration of the new CPT, including a copy of it, $30; 
  4.18     (4) for issuance of a CECT pursuant to section 508A.351, 
  4.19  $15; 
  4.20     (5) for the entry of each memorial on a CPT, $15; 
  4.21     (6) for issuing each residue CPT, $20; 
  4.22     (7) for exchange CPTs or combined certificates of title, 
  4.23  $10 for each CPT and certificate of title canceled and $10 for 
  4.24  each new CPT or combined certificate of title issued; 
  4.25     (8) for each CPT showing condition of the register, $10; 
  4.26     (9) for any certified copy of any instrument or writing on 
  4.27  file in the registrar's office, the same fees allowed by law to 
  4.28  county recorders for like services; 
  4.29     (10) for a noncertified copy of any CPT, other than the 
  4.30  copies issued under clauses (2) and (3), any instrument or 
  4.31  writing on file in the office of the registrar of titles, or any 
  4.32  specified page or part of it, an amount as determined by the 
  4.33  county board for each page or fraction of a page specified.  If 
  4.34  computer or microfilm printers are used to reproduce the 
  4.35  instrument or writing, a like amount per image; 
  4.36     (11) for filing two copies of any plat in the office of the 
  5.1   registrar, $30; 
  5.2      (12) for any other service under sections 508A.01 to 
  5.3   508A.85, the fee the court shall determine; 
  5.4      (13) for filing an amendment to a declaration in accordance 
  5.5   with chapter 515, $10 for each certificate upon which the 
  5.6   document is registered and $30 for an amended floor plan filed 
  5.7   in accordance with chapter 515; 
  5.8      (14) for filing an amendment to a common interest community 
  5.9   declaration and plat or amendment complying with section 
  5.10  515B.2-110, subsection (c), and issuing a CECT if required, $10 
  5.11  for each certificate upon which the document is registered and 
  5.12  $30 for the filing of the condominium or common interest 
  5.13  community plat or amendment; 
  5.14     (15) for a copy of a condominium floor plan filed in 
  5.15  accordance with chapter 515, or a copy of a common interest 
  5.16  community plat complying with section 515B.2-110, subsection 
  5.17  (c), the fee shall be $1 for each page of the floor plan, or 
  5.18  common interest community plat with a minimum fee of $10; 
  5.19     (16) in counties in which the compensation of the examiner 
  5.20  of titles is paid in the same manner as the compensation of 
  5.21  other county employees, for each parcel of land contained in the 
  5.22  application for a CPT, as the number of parcels is determined by 
  5.23  the examiner, a fee which is reasonable and which reflects the 
  5.24  actual cost to the county, established by the board of county 
  5.25  commissioners of the county in which the land is located; 
  5.26     (17) for filing a registered land survey in triplicate in 
  5.27  accordance with section 508A.47, subdivision 4, $30; and 
  5.28     (18) for furnishing a certified copy of a registered land 
  5.29  survey in accordance with section 508A.47, subdivision 4, $10. 
  5.30     Sec. 4.  Laws 2001, First Special Session chapter 10, 
  5.31  article 2, section 77, the effective date, is amended to read: 
  5.32     [EFFECTIVE DATE.] This section is effective only between 
  5.33  August 1, 2001, and June 30, 2003. 
  5.34     Sec. 5.  Laws 2001, First Special Session chapter 10, 
  5.35  article 2, section 98, is amended to read:  
  5.36     Sec. 98.  [WORK PLAN APPROPRIATIONS.] 
  6.1      (a) $650,000 is appropriated from the surcharge collected 
  6.2   under Minnesota Statutes, section 357.18, subdivision 3, general 
  6.3   fund to the legislative coordinating commission, to be made 
  6.4   available to the real estate task force established in 
  6.5   accordance with Laws 2000, chapter 391, for the expenses of the 
  6.6   task force in carrying out the work plan as described in the 
  6.7   January 15, 2001, task force report to the legislature.  This 
  6.8   appropriation is available until June 30, 2003 2004, and is to 
  6.9   be administered at the direction of the chair of the task force, 
  6.10  subject to the prior approval of the task force. 
  6.11     (b) $500,000 is appropriated from the surcharge collected 
  6.12  under Minnesota Statutes, section 357.18, subdivision 3, general 
  6.13  fund to the legislative coordinating commission, to be made 
  6.14  available to the task force for the development and 
  6.15  implementation of pilot electronic real estate projects in 
  6.16  diverse counties as described in the January 15, 2001, task 
  6.17  force report to the legislature.  This appropriation is 
  6.18  available until June 30, 2003 2004. 
  6.19     Sec. 6.  Laws 2001, First Special Session chapter 10, 
  6.20  article 2, section 99, is amended to read: 
  6.21     Sec. 99.  [LEGISLATIVE COORDINATING COMMISSION; DUTIES; 
  6.22  APPROPRIATION.] 
  6.23     (a) The real estate task force established under Laws 2000, 
  6.24  chapter 391, may contract with the legislative coordinating 
  6.25  commission for the provision of administrative services to, the 
  6.26  preparation of requests for proposal, or the disbursement of 
  6.27  funds for the payment of vendors, salaries, and other expenses 
  6.28  of the task force. 
  6.29     (b) $50,000 is appropriated from the surcharge collected 
  6.30  under Minnesota Statutes, section 357.18, subdivision 3, general 
  6.31  fund to the legislative coordinating commission for the purpose 
  6.32  of paragraph (a). 
  6.33     Sec. 7.  [EFFECTIVE DATE.] 
  6.34     This act is effective the day following final enactment and 
  6.35  the new surcharge in sections 2 and 3 applies to documents last 
  6.36  acknowledged ten or more days after that date or filed 45 days 
  7.1   or more after that date.