Minnesota Session Laws - 2002, Regular Session

                            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