Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 3105

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28
2.29 2.30 2.31 2.32 2.33 2.34 3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27
5.28 5.29 5.30 5.31
5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26
8.27 8.28

A bill for an act
relating to county recorders; modifying standards for documents; modifying
registration fees and provisions; amending Minnesota Statutes 2004, sections
508.75; 508A.11, subdivision 3; Minnesota Statutes 2005 Supplement, sections
507.093; 508.82, subdivision 1; 508A.82, subdivision 1; repealing Minnesota
Statutes 2004, section 508.74.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 507.093, is amended to read:


507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.

deleted text begin (a)deleted text end The following standards are imposed on documents to be recorded with the
county recorder or deleted text begin fileddeleted text end deleted text begin withdeleted text end 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 colordeleted text begin ,deleted text end new text begin ornew text end imagesdeleted text begin , or writingdeleted text end andnew text begin , except for the first page,new text end shall have a deleted text begin cleardeleted text end
border of deleted text begin approximatelydeleted text end new text begin at leastnew 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 pagenew text begin , and a border of one-half inch on each
side and the bottom
new text end . The right half deleted text begin to be used by the county recorderdeleted text end new text begin of the blank space
shall be reserved
new text end for recording information deleted text begin or registrar of titles for filing informationdeleted text end
and the left half deleted text begin to be used by the county auditor or treasurerdeleted text end new text begin shall be reservednew text end for new text begin tax
new text end certification.new text begin Any person may attach an administrative page before the first page of
the document to accommodate this standard. The administrative page may contain the
document title, document date, and, if applicable, the grantor and grantee, and shall be
deemed part of the document when recorded.
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)new text begin , or on the administrative pagenew text end .

(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 filingdeleted text end must be sufficiently legible to
reproduce a readable copy using the county recorder's or registrar of title's current method
of reproduction.

deleted text begin (b) The standards in paragraph (a) 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, and continued by
standards established by the Electronic Real Estate Recording Task Force created under
section . A county that participated in the pilot project for the electronic filing
of real estate documents under the task force created in Laws 2000, chapter 391, may
continue to record or file documents electronically, if:
deleted text end

deleted text begin (1) the county complies with standards adopted by that task force; and
deleted text end

deleted text begin (2) the county uses software that was validated by that task force.
deleted text end

deleted text begin (c) A county that did not participate in the pilot project may record or file a real
estate document electronically, if:
deleted text end

deleted text begin (i) 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 created in Laws
2000, chapter 391;
deleted text end

deleted text begin (ii) the county complies with the standards adopted by the task force;
deleted text end

deleted text begin (iii) the county uses software that was validated by the task force; and
deleted text end

deleted text begin (iv) the task force created under section votes to accept a written
certification of compliance with paragraph (b), clause (2), of this section by the county
board and county recorder of the county to implement electronic filing under this section.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 508.75, is amended to read:


508.75 INVESTMENT.

All money received by the registrar under the provisions of sections deleted text begin 508.74 anddeleted text end
508.82new text begin , subdivision 1, clause (1),new text end new text begin and 508A.82, subdivision 1new text end , clause (1), shall be paid
quarterly by the registrar or the county treasurer to the commissioner of finance and placed
in the general fund. There is annually appropriated to the commissioner of finance from
the general fund sums sufficient to pay claims ordered by a district court under sections
508.77 and 508A.77.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 508.82, subdivision 1, is
amended to read:


Subdivision 1.

Standard documents.

The fees to be charged by the registrar of
titles shall be and not exceed the following:

(1) of the fees provided herein, $1.50 of the fees collected under clauses new text begin (2), new text end (3), (4),
(11), (13), (15), (17), and (18) for filing or memorializing shall be paid to the state treasury
pursuant to section 508.75 and credited to the general fund;

(2) for registering a first certificate of title, including issuing a copy of it, $46.
Pursuant to clause (1), distribution of this fee is as follows:

(i) $10.50 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $25.50 shall be deposited in the county general fund;

(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, $46. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $24 shall be deposited in the county general fund;

(4) for the entry of each memorial on a certificate, $46. For multiple certificate
entries, $20 thereafter. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
;

(iii) $24 shall be deposited in the county general fund; and

(iv) $20 shall be deposited in the county general fund for each multiple entry used;

(5) for issuing each residue certificatenew text begin and each additional new certificatenew text end , $40;

(6) for exchange certificates, $20 for each certificate canceled and $20 for each
new certificate issued;

(7) for each certificate showing condition of the register, $50;

(8) for any certified copy of any instrument or writing on file or recorded in the
registrar of titles' office, $10;

(9) 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 or recorded 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;

(10) for a noncertified copy of any document submitted for recording, if the original
document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
or duplicate original and payment of the fee, a registrar of titles shall return it marked
"copy" or "duplicate," showing the recording date and, if available, the document number
assigned to the original;

(11) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $34 shall be deposited in the county general fund;

(12) for any other service under this chapter, such fee as the court shall determine;

(13) for filing an amendment to a declaration in accordance with chapter 515, $46
for each certificate upon which the document is registered and for multiple certificate
entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
515. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
;

(iii) $24 shall be deposited in the county general fund for amendment to a declaration;

(iv) $20 shall be deposited in the county general fund for each multiple entry
used; and

(v) $34 shall be deposited in the county general fund for an amended floor plan;

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

(15) for filing an amendment to a common interest community declarationnew text begin , including
a supplemental declaration,
new text end and plat or amendment complying with section 515B.2-110,
subsection (c)
, $46 for deleted text begin eachdeleted text end new text begin the firstnew text end certificate upon which the document is registered and
for multiple certificate entries, $20 thereafter and $56 for the filing of the condominium
or common interest community plat or amendment. new text begin See section 515B.1-116 for special
requirement relating to a common interest community.
new text end Pursuant to clause (1), distribution
of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
;

(iii) $24 shall be deposited in the county general fund for the filing of an amendment
complying with section 515B.2-110, subsection (c);

(iv) $20 shall be deposited in the county general fund for each multiple entry
used; and

(v) $34 shall be deposited in the county general fund for the filing of a condominium
or CIC plat or amendment;

(16) 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;

(17) for the filing of a certified copy of a plat of the survey pursuant to section
508.23 or 508.671, $46. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $24 shall be deposited in the county general fund;

(18) for filing a registered land survey in triplicate in accordance with section
508.47, subdivision 4, $56. Pursuant to clause (1), distribution of this fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $34 shall be deposited in the county general fund; and

(19) for furnishing a certified copy of a registered land survey in accordance with
section 508.47, subdivision 4, $15.

Sec. 4.

Minnesota Statutes 2004, section 508A.11, subdivision 3, is amended to read:


Subd. 3.

Fees.

Before the examiner of titles examines the abstract of title,
the applicant shall pay to the registrar of titles the fee provided by section 508A.82new text begin ,
subdivision 1
new text end
, clause deleted text begin (15)deleted text end new text begin (18)new text end .

Sec. 5.

Minnesota Statutes 2005 Supplement, section 508A.82, subdivision 1, is
amended to read:


Subdivision 1.

Standard documents.

The fees to be charged by the registrar of
titles shall be and not exceed the following:

(1) of the fees provided herein, $1.50 of the fees collected under clauses new text begin (2), new text end (3),
(5), (12), (14), (16), and (19) for filing or memorializing shall be paid to the state treasury
pursuant to section 508.75 and credited to the general fund;

(2) for registering a first CPT, including issuing a copy of it, $46. Pursuant to clause
(1), distribution of the fee is as follows:

(i) $10.50 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $25.50 shall be deposited in the county general fund;

(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, $46.
Pursuant to clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $24 shall be deposited in the county general fund;

(4) for issuance of a CECT pursuant to section 508A.351, deleted text begin $15deleted text end new text begin $40new text end ;

(5) for the entry of each memorial on a CPT, $46; for multiple certificate entries, $20
thereafter. Pursuant to clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
;

(iii) $24 shall be deposited in the county general fund; and

(iv) $20 shall be deposited in the county general fund for each multiple entry used;

(6) for issuing each residue CPT, $40;

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

(8) for each CPT showing condition of the register, $50;

(9) for any certified copy of any instrument or writing on file or recorded in the
registrar of titles' office, $10;

(10) for a noncertified copy of any CPT, other than the copies issued under clauses
(2) and (3), any instrument or writing on file or recorded 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 a noncertified copy of any document submitted for recording, if the original
document is accompanied by a copy or duplicate original, $2. Upon receipt of the copy
or duplicate original and payment of the fee, a registrar of titles shall return it marked
"copy" or "duplicate," showing the recording date and, if available, the document number
assigned to the original;

(12) for filing two copies of any plat in the office of the registrar, $56. Pursuant to
clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $34 shall be deposited in the county general fund;

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

(14) for filing an amendment to a declaration in accordance with chapter 515, $46
for each certificate upon which the document is registered and for multiple certificate
entries, $20 thereafter; $56 for an amended floor plan filed in accordance with chapter
515. Pursuant to clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
;

(iii) $24 shall be deposited in the county general fund for amendment to a declaration;

(iv) $20 shall be deposited in the county general fund for each multiple entry
used; and

(v) $34 shall be deposited in the county general fund for an amended floor plan;

(15) for issuance of a CECT pursuant to section 508.351, $40;

(16) for filing an amendment to a common interest community declarationnew text begin , including
a supplemental declaration,
new text end and plat or amendment complying with section 515B.2-110,
subsection (c)
, and issuing a CECT if required, $46 for each certificate upon which the
document is registered and for multiple certificate entries, $20 thereafter; $56 for the filing
of the condominium or common interest community plat or amendment. new text begin See section
515B.1-116 for special requirement relating to a common interest community.
new text end Pursuant to
clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
;

(iii) $24 shall be deposited in the county general fund for the filing of an amendment
complying with section 515B.2-110, subsection (c);

(iv) $20 shall be deposited in the county general fund for each multiple entry
used; and

(v) $34 shall be deposited in the county general fund for the filing of a condominium
or CIC plat or amendment;

(17) 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;

(18) 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;

(19) for filing a registered land survey in triplicate in accordance with section
508A.47, subdivision 4, $56. Pursuant to clause (1), distribution of the fee is as follows:

(i) $12 shall be paid to the state treasury and credited to the general fund;

(ii) $10 shall be deposited in the technology fund pursuant to section 357.18,
subdivision 3
; and

(iii) $34 shall be deposited in the county general fund; and

(20) for furnishing a certified copy of a registered land survey in accordance with
section 508A.47, subdivision 4, $15.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 508.74, new text end new text begin is repealed.
new text end