.................... moves to amend H.F. No. 3790 as follows:
Page 1, before line 5, insert
1.4ELECTRONIC RECORDING; COMMISSION1.5
Page 5, after line 27, insert
Section 1. Minnesota Statutes 2006, section 14.03, subdivision 3, is amended to read:
Subd. 3. Rulemaking procedures.
(a) The definition of a rule in section
, does not include:
(1) rules concerning only the internal management of the agency or other agencies
that do not directly affect the rights of or procedures available to the public;
(2) an application deadline on a form; and the remainder of a form and instructions
for use of the form to the extent that they do not impose substantive requirements other
than requirements contained in statute or rule;
(3) the curriculum adopted by an agency to implement a statute or rule permitting
or mandating minimum educational requirements for persons regulated by an agency,
provided the topic areas to be covered by the minimum educational requirements are
specified in statute or rule;
(4) procedures for sharing data among government agencies, provided these
procedures are consistent with chapter 13 and other law governing data practices.
(b) The definition of a rule in section
14.02, subdivision 4
, does not include:
(1) rules of the commissioner of corrections relating to the release, placement, term,
and supervision of inmates serving a supervised release or conditional release term, the
internal management of institutions under the commissioner's control, and rules adopted
governing the inmates of those institutions;
(2) rules relating to weight limitations on the use of highways when the substance
of the rules is indicated to the public by means of signs;
(3) opinions of the attorney general;
(4) the data element dictionary and the annual data acquisition calendar of the
Department of Education to the extent provided by section
(5) the occupational safety and health standards provided in section
(6) revenue notices and tax information bulletins of the commissioner of revenue;
(7) uniform conveyancing forms adopted by the commissioner of commerce under
2.10 (8) standards adopted by the electronic real estate recording commission established
2.11under section 507.0945; or
the interpretive guidelines developed by the commissioner of human services
to the extent provided in chapter 245A.
Sec. 2. [272.122] ELECTRONIC FACSIMILE.
2.15 All notations or certifications that are required under this chapter may be performed
2.16by electronic means.
Sec. 3. Minnesota Statutes 2006, section 287.08, is amended to read:
2.18287.08 TAX, HOW PAYABLE; RECEIPTS.
(a) The tax imposed by sections
must be paid to the treasurer of
any county in this state in which the real property or some part is located at or before
the time of filing the mortgage for record. The treasurer shall endorse receipt on the
mortgage and the receipt is conclusive proof that the tax has been paid in the amount
stated and authorizes any county recorder or registrar of titles to record the mortgage. Its
form, in substance, shall be "registration tax hereon of ..................... dollars paid." If the
mortgage is exempt from taxation the endorsement shall, in substance, be "exempt from
registration tax." In either case the receipt must be signed by the treasurer. In case the
treasurer is unable to determine whether a claim of exemption should be allowed, the tax
must be paid as in the case of a taxable mortgage. For documents submitted electronically,
2.29the endorsements and tax amount shall be affixed electronically and no signature by the
2.30treasurer will be required. The actual payment method must be arranged in advance
2.31between the submitter and the receiving county.
(b) The county treasurer may refund in whole or in part any mortgage registry tax
overpayment if a written application by the taxpayer is submitted to the county treasurer
within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
of the application, the taxpayer may bring an action in Tax Court in the county in which
the tax was paid at any time after the expiration of six months from the time that the
application was submitted. A denial of refund may be appealed within 60 days from
the date of the denial by bringing an action in Tax Court in the county in which the tax
was paid. The action is commenced by the serving of a petition for relief on the county
treasurer, and by filing a copy with the court. The county attorney shall defend the action.
The county treasurer shall notify the treasurer of each county that has or would receive a
portion of the tax as paid.
(c) If the county treasurer determines a refund should be paid, or if a refund is
ordered by the court, the county treasurer of each county that actually received a portion
of the tax shall immediately pay a proportionate share of three percent of the refund
using any available county funds. The county treasurer of each county that received, or
would have received, a portion of the tax shall also pay their county's proportionate share
of the remaining 97 percent of the court-ordered refund on or before the 20th day of the
following month using solely the mortgage registry tax funds that would be paid to the
commissioner of revenue on that date under section
. If the funds on hand under
this procedure are insufficient to fully fund 97 percent of the court-ordered refund, the
county treasurer of the county in which the action was brought shall file a claim with the
commissioner of revenue under section
for the remaining portion of 97 percent of
the refund, and shall pay over the remaining portion upon receipt of a warrant from the
state issued pursuant to the claim.
(d) When any mortgage covers real property located in more than one county in this
state the total tax must be paid to the treasurer of the county where the mortgage is first
presented for recording, and the payment must be receipted as provided in paragraph (a).
If the principal debt or obligation secured by such a multiple county mortgage exceeds
$1,000,000, the nonstate portion of the tax must be divided and paid over by the county
treasurer receiving it, on or before the 20th day of each month after receipt, to the county
or counties entitled in the ratio that the market value of the real property covered by the
mortgage in each county bears to the market value of all the real property in this state
described in the mortgage. In making the division and payment the county treasurer shall
send a statement giving the description of the real property described in the mortgage and
the market value of the part located in each county. For this purpose, the treasurer of any
county may require the treasurer of any other county to certify to the former the market
valuation of any tract of real property in any mortgage.
(e) The mortgagor must pay the tax imposed by sections
mortgagee may undertake to collect and remit the tax on behalf of the mortgagor. If the
mortgagee collects money from the mortgagor to remit the tax on behalf of the mortgagor,
the mortgagee has a fiduciary duty to remit the tax on behalf of the mortgagor as to the
amount of the tax collected for that purpose and the mortgagor is relieved of any further
obligation to pay the tax as to the amount collected by the mortgagee for this purpose.
Sec. 4. Minnesota Statutes 2006, section 287.241, is amended to read:
4.5287.241 STATEMENT OF TAX DUE OR EXEMPTION; RECORDING OR
4.6REGISTERING OF DOCUMENTS.
Subdivision 1. Statement of tax due or exemption.
No deed or instrument, taxable
under the provisions of section
, shall be recorded unless it contains the statement
of the grantor or grantee, or any successor in interest, setting forth the amount of tax due
under this chapter or that it is exempt from tax. The county recorder or registrar of titles
shall record any deed or instrument when the statement sets forth that the transfer is tax
exempt, or when documentary stamps or the treasurer's receipt appear for the amount
of deed tax recited in the statement. Deeds or other instruments taxable under 287.21
4.14recorded electronically shall have the deed tax data affixed electronically.
The validity or
effectiveness of a deed or instrument as between the parties, and as to any person who
would otherwise be bound, is not affected by the failure to comply with this section. If a
deed or instrument is accepted for recording contrary to this section, the failure to comply
does not destroy or impair the record of the deed or instrument as notice.
Subd. 2. Notice of certificate of value.
No deed or instrument providing for the
transfer of title to real property that is subject to the tax as provided in section
no executory contract for the sale of land, shall be recorded unless such deed or instrument
is accompanied by a notice from the county auditor that a certificate of value was filed in
the auditor's office as provided in section
. Documents subject to this provision
4.24that are filed electronically must include the certificate of value number assigned by the
4.25electronic certificate of value system established by the Department of Revenue.
Sec. 5. Minnesota Statutes 2006, section 287.25, is amended to read:
4.27287.25 PAYMENT OF TAX; STAMPS.
4.28 Except for documents filed electronically,
the county board shall determine the
method for collection of the tax imposed by section
(1) The tax imposed by section
may be paid by the affixing of a documentary
stamp or stamps in the amount of the tax to the document or instrument with respect to
which the tax is paid, provided that the county board may permit the payment of the
tax without the affixing of the documentary stamps and in such cases shall direct the
treasurer to endorse a receipt for such tax upon the face of the document or instrument.
5.1Documents submitted electronically must have the deed tax data affixed electronically and
5.2the tax paid as provided in section 287.08.
(2) The tax imposed by section
may be paid in the manner prescribed by
relating to payment of mortgage registration tax.
Sec. 6. Minnesota Statutes 2006, section 386.03, is amended to read:
5.6386.03 RECEPTION INDEX.
Every county recorder shall keep an index, to be denominated as a grantor's and
grantee's reception index, which shall contain the following information: date of reception,
year, month, day, hour and minute, grantor and grantee, where situated, to whom delivered
after recording, fees received, instrument number, and kind of instrument.
The recorder shall enter in the index, in the order and manner aforesaid, as soon as
the same are received, all deeds and other instruments
left, and all copies left, as cautions or
5.13 notices of liens,
authorized by law to be recorded. The reception index shall be maintained
in alphabetical order, and every entry made therein shall be made in the reception index
under the grantor's surname, and under the grantee's surname, and all such entries shall
appear therein consecutively and in the order as to time in which the instruments were
received. The recorder shall make an entry in the record immediately for each instrument
recorded specifying the time of the day, month, and year when the same was recorded.
Sec. 7. Minnesota Statutes 2006, section 386.19, is amended to read:
5.20386.19 RECORD BOOKS, INDEXES.
The county recorder shall keep suitable word for word records by either manual or
of all instruments
left with delivered to
the recorder for record keeping.
The recorder shall keep an alphabetical index either by manual or electronic means, to
record, under the proper letter of the alphabet, the name of each grantor and grantee of any
Sec. 8. Minnesota Statutes 2006, section 386.26, subdivision 1, is amended to read:
Subdivision 1. Counties over 100,000.
The county recorder in each county
having a population of over 100,000 is hereby authorized and directed to transcribe in
appropriate records in writing or by electronic media
to be provided by the county for
such purpose and to appropriately index all instruments affecting: lists of lands selected
by railroad companies under grants from the United States or the state of Minnesota; and
all instruments affecting: condemnation proceedings; awards of damages in condemnation
proceedings; building line easements; easements for slopes; easements for electric light
and telephone poles; now on file in the recorder's office and which have not heretofore
Sec. 9. Minnesota Statutes 2006, section 386.31, is amended to read:
6.4386.31 CONSECUTIVE NUMBERING.
Each county recorder shall endorse plainly upon each instrument received for record
as soon as received a number consecutive, to the extent practicable, to the number affixed
to the instrument next previously received and enter such number as a part of the entry
relating to such instrument in all the indexes kept in the office and on the margin of the
record of the instrument, and such number shall be prima facie evidence of priority of
registration. If more than one instrument shall be received at the same time, by mail or
other like enclosure, the recorder shall affix such number in the order directed by the
sender; if no direction be given, then in the order in which the instruments actually come
recorder's hand in opening the enclosures recorder
Sec. 10. Minnesota Statutes 2006, section 386.409, is amended to read:
6.15386.409 COUNTY RECORDER'S OFFICIAL SIGNATURE.
When the county recorder's official signature, or that of a deputy is required under
, an electronically generated
signature or name may be used.
Sec. 11. Minnesota Statutes 2006, section 507.093, is amended to read:
6.19507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.
The following standards are imposed on documents to be recorded with the county
recorder or the registrar of titles other than by electronic means as provided in section
(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 or images and, except for the first page, shall have a border of at least
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, and a border of one-half inch on each
side and the bottom. The right half of the blank space shall be reserved for recording
information and the left half shall be reserved for tax certification. 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.
(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), or on the administrative page.
(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 must be sufficiently legible to reproduce
a readable copy using the county recorder's or registrar of title's current method of
Sec. 12. Minnesota Statutes 2007 Supplement, section 507.24, subdivision 2, is
amended to read:
Subd. 2. Original signatures required.
(a) 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
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
7.20 estate documents implemented by the task force created in Laws 2000, chapter 391, or
7.21 by the Electronic Real Estate Recording Task Force created under section
507.094 . The
7.22 Electronic Real Estate Recording Task Force created under section
507.094 may amend
7.23 standards set by the task force created in Laws 2000, chapter 391, in conformance with
7.24standards implemented by the Electronic Real Estate Recording Commission created
7.25under the Minnesota Real Property Electronic Recording Act, sections 507.0941 to
7.26507.0948. The Electronic Real Estate Recording Commission created under the Minnesota
7.27Real Property Electronic Recording Act may adopt or amend standards set by the task
7.28force created in Laws 2000, chapter 391, and the Electronic Real Estate Recording Task
7.29Force created under section 507.094
and may set new or additional standards
7.30 pilot projects
to the full extent permitted in section
507.094, subdivision 2 , paragraph
. Documents recorded in conformity with
those standards and in those pilot
7.32 projects the standards created as part of a pilot project for the electronic filing of real estate
7.33document implemented by the task force created in Laws 2000, chapter 391, or by the
7.34Electronic Real Estate Recording Task Force created under section 507.094
to meet the requirements of this section.
(2)(i) A county that participated in the pilot project for the electronic filing of real
8.2 estate documents under the task force created in Laws 2000, chapter 391, may continue to
8.3 record or file documents electronically, if:
8.4 (A) the county complies with standards adopted by the task force; and
8.5 (B) the county uses software that was validated by the task force.
8.6 (ii) A county that did not participate in the pilot project may record or file a real
8.7 estate document electronically, if:
8.8 (A) the document to be recorded or filed is of a type included in the pilot project
8.9 for the electronic filing of real estate documents under the task force created in Laws
8.10 2000, chapter 391;
8.11 (B) the county complies with the standards adopted by the task force;
8.12 (C) the county uses software that was validated by the task force; and
8.13 (D) the task force created under section
507.094 , votes to accept a written
8.14 certification of compliance with paragraph (b), clause (2), of this section by the county
8.15 board and county recorder of the county to implement electronic filing under this section.
(c) Notices filed pursuant to section
168A.141, subdivisions 1 and 3
, need not
contain an acknowledgment.
Sec. 13. Minnesota Statutes 2006, section 507.40, is amended to read:
8.19507.40 MORTGAGES, HOW DISCHARGED.
A mortgage may be discharged by filing for record a certificate of its satisfaction
executed and acknowledged by the mortgagee, the mortgagee's personal representative,
or assignee, as in the case of a conveyance.
The county recorder shall enter the number
8.23 of such certificate and the book and page of its record upon the record of the mortgage
8.24 or on a microfilm card whenever possible. In all cases the discharge shall be entered in
8.25the reception book and indexes as conveyances are entered.
If a mortgage be recorded in
more than one county and discharged of record in one of them, a certified copy of such
discharge may be recorded in another county with the same effect as the original. If the
discharge be by marginal entry, heretofore made, such copy shall include the record of the
In all cases the discharge shall be entered in the reception book and indexes as
8.30 conveyances are entered.
Sec. 14. Minnesota Statutes 2006, section 507.46, subdivision 1, is amended to read:
Subdivision 1. Form of certificate.
A county recorder or registrar of titles shall
accept for recording a document that is not
in the English language, but is
otherwise in recordable form, if there is appended to the non-English language document
a translation of the document into the English language and a certificate of translation in
substantially the following form:
CERTIFICATE OF TRANSLATION
State of Minnesota
I certify that the attached English language document is a complete and accurate
translation of the attached document from the ................ language.
Signature of translator
Typed or printed name
City, State, and Zip Code
Subscribed and sworn to before me this .......
day of ....................., 20.....