Minnesota Legislature
SF 4479
as introduced - 91st Legislature (2019 - 2020) Posted on 04/17/2020 07:54am
Current Version - as introduced
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A bill for an act
relating to health; modifying well disclosure certificates required for property
sales; appropriating money; amending Minnesota Statutes 2018, section 103I.235,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 103I.235, subdivision 1, is amended to read:
Subdivision 1.
Disclosure of wells to buyer.
(a) Before signing an agreement to sell or
transfer real property, the seller must disclose in writing to the buyer information about the
status and location of all known wells on the property, by delivering to the buyer either a
statement by the seller that the seller does not know of any wells on the property, or a
disclosure statement indicating the legal description and county, and a map drawn from
available information showing the location of each well to the extent practicable. In the
disclosure statement, the seller must indicate, for each well, whether the well is in use, not
in use, or sealed.
(b) At the time of closing of the sale, the disclosure statement information, name and
mailing address of the buyer, and the quartile, section, township, and range deleted text begin in whichdeleted text end new text begin or the
lot, block, and plot name wherenew text end each well is located must be provided on a well disclosure
certificate signed by the seller or a person authorized to act on behalf of the seller.new text begin The well
disclosure certificate must be submitted by the seller or a person authorized to act on behalf
of the seller to the commissioner, along with payment of a $50 nonrefundable fee. Upon
receipt of the well disclosure certificate and required fee, the commissioner shall provide
a well disclosure certificate number to the person submitting the certificate to be placed on
the deed or other instrument of conveyance indicating that a well disclosure certificate was
submitted. The commissioner shall maintain the well disclosure certificate for at least six
years, and may store the certificate as an electronic image.
new text end
(c) A well disclosure certificate deleted text begin need notdeleted text end new text begin is not required tonew text end be provided if the seller does
not know of any wells on the property and the deed or other instrument of conveyance
contains the statement: "The Seller certifies that the Seller does not know of any wells on
the described real property."
(d) If a deed is given pursuant to a contract for deed, the well disclosure certificate
required by this subdivision shall be signed by the buyer or a person authorized to act on
behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure
certificate is not required if the following statement appears on the deed followed by the
signature of the grantee or, if there is more than one grantee, the signature of at least one
of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the
described real property." The statement and signature of the grantee may be on the front or
back of the deed or on an attached sheet and an acknowledgment of the statement by the
grantee is not required for the deed to be recordable.
(e) This subdivision does not apply to the sale, exchange, or transfer of real property:
(1) that consists solely of a sale or transfer of severed mineral interests; or
(2) that consists of an individual condominium unit as described in chapters 515 and
515B.
(f) For an area owned in common under chapter 515 or 515B the association or other
responsible person must report to the commissioner deleted text begin by July 1, 1992,deleted text end the location and status
of all wells in the common area. The association or other responsible person must notify
the commissioner within 30 days of any change in the reported status of wells.
(g) If the seller fails to deleted text begin providedeleted text end new text begin submitnew text end a required well disclosure certificatenew text begin to the
commissionernew text end , the buyer, or a person authorized to act on behalf of the buyer, may sign a
well disclosure certificate based on the information provided on the disclosure statement
required by this section or based on other available informationnew text begin and submit the certificate
to the commissioner in accordance with paragraph (b), and the commissioner shall provide
the buyer or the person authorized to act on behalf of the buyer with a well disclosure
certificate numbernew text end .
(h) A county recorder or registrar of titles deleted text begin maydeleted text end new text begin shallnew text end not record a deed or other instrument
of conveyance deleted text begin dated after October 31, 1990,deleted text end for which a certificate of value is required
under section 272.115, or any deed or other instrument of conveyance deleted text begin dated after October
31, 1990,deleted text end from a governmental body exempt from the payment of state deed tax, unless the
deed or other instrument of conveyance contains the statement made in accordance with
paragraph (c) or (d) or is accompanied by the well disclosure certificate deleted text begin containing all the
information required by paragraph (b) or (d). The county recorder or registrar of titles must
not accept a certificate unless it contains all the required informationdeleted text end new text begin number obtained from
the commissioner in accordance with paragraph (b)new text end . The county recorder or registrar of
titles shall note on each deed or other instrument of conveyance deleted text begin accompanied by adeleted text end new text begin thenew text end well
disclosure certificate deleted text begin that the well disclosure certificate was received. The notation must
include the statement "No wells on property" if the disclosure certificate states there are no
wells on the property. Thedeleted text end new text begin number indicating that the well disclosure certificate was received
by the commissioner. Nonew text end well disclosure deleted text begin certificatedeleted text end new text begin certificatesnew text end shall deleted text begin notdeleted text end be deleted text begin filed or recorded
in the records maintained bydeleted text end new text begin submitted tonew text end the county recorder or registrar of titles. deleted text begin After
noting "No wells on property" on the deed or other instrument of conveyance, the county
recorder or registrar of titles shall destroy or return to the buyer the well disclosure certificate.
The county recorder or registrar of titles shall collect from the buyer or the person seeking
to record a deed or other instrument of conveyance, a fee of $50 for receipt of a completed
well disclosure certificate. By the tenth day of each month, the county recorder or registrar
of titles shall transmit the well disclosure certificates to the commissioner of health. By the
tenth day after the end of each calendar quarter, the county recorder or registrar of titles
shall transmit to the commissioner of health $42.50 of the fee for each well disclosure
certificate received during the quarter. The commissioner shall maintain the well disclosure
certificate for at least six years. The commissioner may store the certificate as an electronic
image. A copy of that image shall be as valid as the original.deleted text end new text begin The county recorder or registrar
of titles is not required to verify the information disclosed on the well disclosure certificate,
except for the buyer's name.
new text end
deleted text begin
(i) No new well disclosure certificate is required under this subdivision if the buyer or
seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed or
other instrument of conveyance that the status and number of wells on the property have
not changed since the last previously filed well disclosure certificate. The following
statement, if followed by the signature of the person making the statement, is sufficient to
comply with the certification requirement of this paragraph: "I am familiar with the property
described in this instrument and I certify that the status and number of wells on the described
real property have not changed since the last previously filed well disclosure certificate."
The certification and signature may be on the front or back of the deed or on an attached
sheet and an acknowledgment of the statement is not required for the deed or other instrument
of conveyance to be recordable.
deleted text end
deleted text begin (j)deleted text end new text begin (i)new text end The commissioner in consultation with county recorders shall prescribe the form
for a well disclosure certificate and provide well disclosure certificate forms to deleted text begin county
recorders and registrars of titles and otherdeleted text end interested persons.new text begin The commissioner shall
implement a system to permit well disclosure certificates to be submitted electronically. By
January 1, 2022, the commissioner shall establish a system to provide a well disclosure
certificate number to a seller upon electronically submitting a well disclosure certificate to
the commissioner in accordance with paragraph (b), and a searchable database for submitted
well disclosure certificates.
new text end
deleted text begin (k)deleted text end new text begin (j)new text end Failure to comply with a requirement of this subdivision does not impair:
(1) the validity of a deed or other instrument of conveyance as between the parties to
the deed or instrument or as to any other person who otherwise would be bound by the deed
or instrument; or
(2) the record, as notice, of any deed or other instrument of conveyance accepted for
filing or recording contrary to the provisions of this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to documents
submitted for recording to the county recorder or local registrar on or after that date.
new text end
Sec. 2. new text begin APPROPRIATION.
new text end
new text begin
$....... in fiscal year 2021 is appropriated from the general fund to the commissioner of
health to implement electronic submission of well disclosure certificates, to provide well
disclosure certificate numbers, and to establish a database as required under Minnesota
Statutes, section 103I.235, subdivision 1, paragraph (i). This is a onetime appropriation.
new text end