Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 365-S.F.No. 2707
An act relating to real estate; filling in an
inadvertent omission for a temporary increase in the
surcharge for filing and recording certain documents
to fund the real estate task force; extending the
effective date for the surcharges; extending the
availability of an existing appropriation; providing
for the electronic recording and authentication of
certain documents as part of a pilot project; delaying
the expiration date of the electronic real estate
recording task force; amending Minnesota Statutes
2000, section 507.093; Minnesota Statutes 2001
Supplement, sections 507.24, subdivision 2; 508.82,
subdivision 1; 508A.82, subdivision 1; Laws 2000,
chapter 391, section 1, subdivision 2; Laws 2001,
First Special Session chapter 10, article 2, section
98.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 507.093, is
amended to read:
507.093 [STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.]
(a) The following standards are imposed on documents to be
recorded with the county recorder or filed 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, images, or writing and
shall have a clear border of approximately 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 to be used by the county
recorder for recording information or registrar of titles for
filing information and the left half to be used by the county
auditor or treasurer for certification.
(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 or filing must be
sufficiently legible to reproduce a readable copy using the
county recorder's or registrar of title's current method of
reproduction.
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.
(b) 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.
(c) The recorder or registrar shall refund the recording or
filing fee to the applicant if the real estate documents are not
filed or registered within 30 days after receipt, or as
otherwise provided by section 386.30.
Sec. 2. Minnesota Statutes 2001 Supplement, section
507.24, subdivision 2, is amended to read:
Subd. 2. [ORIGINAL SIGNATURES REQUIRED.] Unless otherwise
provided by law, an instrument affecting real estate that is to
be recorded as provided in this section or other applicable law
must contain the original signatures of the parties who execute
it and of the notary public or other officer taking an
acknowledgment. However, a financing statement that is recorded
as a filing pursuant to section 336.9-502(b) need not contain:
(1) the signatures of the debtor or the secured party; or (2) an
acknowledgment. Any electronic instruments, including
signatures and seals, affecting real estate may only be recorded
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.
Sec. 3. Minnesota Statutes 2001 Supplement, section
508.82, subdivision 1, is amended to read:
Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid
to the registrar shall be as follows:
(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (5), (11), (13), (14), (16), and
(17), for filing or memorializing shall be paid to the state
treasurer and credited to the general fund; plus a $4.50 $5
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, 50 cents must be deposited in the state
treasury to provide an additional funding source for the
appropriations in Laws 2001, First Special Session chapter 10,
article 2, sections 98 and 99, to the legislative coordinating
commission for the real estate task force established under Laws
2000, chapter 391, and $4 to be paid to the state treasury and
credited to the general fund;
(2) for registering a first certificate of title, including
issuing a copy of it, $30;
(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, $30;
(4) for issuance of a CECT pursuant to section 508.351,
$15;
(5) for the entry of each memorial on a certificate, $15;
(6) for issuing each residue certificate, $20;
(7) for exchange certificates, $10 for each certificate
canceled and $10 for each new certificate issued;
(8) for each certificate showing condition of the register,
$10;
(9) for any certified copy of any instrument or writing on
file in the registrar's office, the same fees allowed by law to
county recorders for like services;
(10) 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 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, $30;
(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, $10 for each certificate upon which the
document is registered and $30 for an amended floor plan filed
in accordance with chapter 515;
(14) for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), $10 for each certificate upon which
the document is registered and $30 for the filing of the
condominium or common interest community plat or amendment;
(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, $10;
(17) for filing a registered land survey in triplicate in
accordance with section 508.47, subdivision 4, $30; and
(18) for furnishing a certified copy of a registered land
survey in accordance with section 508.47, subdivision 4, $10.
Sec. 4. Minnesota Statutes 2001 Supplement, section
508A.82, subdivision 1, is amended to read:
Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid
to the registrar shall be as follows:
(1) of the fees provided herein, five percent of the fees
collected under clauses (3), (5), (11), (13), (14), and (17),
for filing or memorializing shall be paid to the state treasurer
and credited to the general fund; plus a $4.50 $5 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, 50
cents to be deposited in the state treasury to provide an
additional funding source for the appropriations in Laws 2001,
First Special Session chapter 10, article 2, sections 98 and 99,
to the legislative coordinating commission for the real estate
task force established under Laws 2000, chapter 391, and $4 to
be paid to the state treasury and credited to the general fund;
(2) for registering a first CPT, including issuing a copy
of it, $30;
(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, $30;
(4) for issuance of a CECT pursuant to section 508A.351,
$15;
(5) for the entry of each memorial on a CPT, $15;
(6) for issuing each residue CPT, $20;
(7) for exchange CPTs or combined certificates of title,
$10 for each CPT and certificate of title canceled and $10 for
each new CPT or combined certificate of title issued;
(8) for each CPT showing condition of the register, $10;
(9) for any certified copy of any instrument or writing on
file in the registrar's 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 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, $30;
(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, $10 for each certificate upon which the
document is registered and $30 for an amended floor plan filed
in accordance with chapter 515;
(14) 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, $10
for each certificate upon which the document is registered and
$30 for the filing of the condominium or common interest
community plat or amendment;
(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) 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;
(17) for filing a registered land survey in triplicate in
accordance with section 508A.47, subdivision 4, $30; and
(18) for furnishing a certified copy of a registered land
survey in accordance with section 508A.47, subdivision 4, $10.
Sec. 5. Laws 2000, chapter 391, section 1, subdivision 2,
is amended to read:
Subd. 2. [STUDY AND RECOMMENDATIONS.] The task force shall
study and make recommendations regarding implementation of a
system for electronic filing and recording of real estate
documents and shall consider:
(1) technology and computer needs;
(2) legal issues such as authenticity, security, timing and
priority of recordings, and the relationship between electronic
and paper recording systems;
(3) cost-effectiveness of electronic recording systems;
(4) timetable and plan for implementing an electronic
recording system, considering types of documents and entities
using the system and volume of recordings;
(5) permissive versus mandatory systems; and
(6) other relevant issues identified by the task force.
The task force shall submit a report to the legislature by
January 15, 2001, outlining a proposed work plan and budget for
consideration by the legislature. The task force expires June
30, 2003 2004.
Sec. 6. Laws 2001, First Special Session chapter 10,
article 2, section 98, is amended to read:
Sec. 98. [WORK PLAN APPROPRIATIONS.]
(a) $650,000 is appropriated from the surcharge collected
under Minnesota Statutes, section 357.18, subdivision 3, to the
legislative coordinating commission, to be made available to the
real estate task force established in accordance with Laws 2000,
chapter 391, for the expenses of the task force in carrying out
the work plan as described in the January 15, 2001, task force
report to the legislature. This appropriation is available
until June 30, 2003 2004, and is to be administered at the
direction of the chair of the task force, subject to the prior
approval of the task force.
(b) $500,000 is appropriated from the surcharge collected
under Minnesota Statutes, section 357.18, subdivision 3, to the
legislative coordinating commission, to be made available to the
task force for the development and implementation of pilot
electronic real estate projects in diverse counties as described
in the January 15, 2001, task force report to the legislature.
This appropriation is available until June 30, 2003 2004.
Sec. 7. [EXTENSION OF EFFECTIVE DATE.]
The effective date of the amendment to Minnesota Statutes,
section 357.18, subdivision 3, contained in Laws 2001, First
Special Session chapter 10, article 2, section 77, is extended
until June 30, 2004.
Sec. 8. [ADDITIONAL FUND SOURCE FOR 2001 APPROPRIATION.]
The 50 cent increases in the surcharges made by the
amendments in sections 3 and 4 are available as an additional
funding source for the appropriations in Laws 2001, First
Special Session chapter 10, article 2, sections 98 and 99.
Sec. 9. [EFFECTIVE DATES AND APPLICATION.]
The amendments made by sections 3 and 4 are effective until
June 30, 2004, for documents last acknowledged ten or more days
after the date of final enactment of this act; or filed 45 days
or more after the date of final enactment. Sections 6 to 8 are
effective the day following final enactment.
Presented to the governor May 13, 2002
Vetoed by the governor May 15, 2002, 1:25 p.m.
Reconsidered and approved by the legislature after the
governor's veto May 16, 2002
Official Publication of the State of Minnesota
Revisor of Statutes