1.1    .................... moves to amend H.F. No. 3790 as follows:
1.2Page 1, before line 5, insert

1.5Page 5, after line 27, insert


1.8    Section 1. Minnesota Statutes 2006, section 14.03, subdivision 3, is amended to read:
1.9    Subd. 3. Rulemaking procedures. (a) The definition of a rule in section 14.02,
1.10subdivision 4 , does not include:
1.11    (1) rules concerning only the internal management of the agency or other agencies
1.12that do not directly affect the rights of or procedures available to the public;
1.13    (2) an application deadline on a form; and the remainder of a form and instructions
1.14for use of the form to the extent that they do not impose substantive requirements other
1.15than requirements contained in statute or rule;
1.16    (3) the curriculum adopted by an agency to implement a statute or rule permitting
1.17or mandating minimum educational requirements for persons regulated by an agency,
1.18provided the topic areas to be covered by the minimum educational requirements are
1.19specified in statute or rule;
1.20    (4) procedures for sharing data among government agencies, provided these
1.21procedures are consistent with chapter 13 and other law governing data practices.
1.22    (b) The definition of a rule in section 14.02, subdivision 4, does not include:
1.23    (1) rules of the commissioner of corrections relating to the release, placement, term,
1.24and supervision of inmates serving a supervised release or conditional release term, the
1.25internal management of institutions under the commissioner's control, and rules adopted
1.26under section 609.105 governing the inmates of those institutions;
2.1    (2) rules relating to weight limitations on the use of highways when the substance
2.2of the rules is indicated to the public by means of signs;
2.3    (3) opinions of the attorney general;
2.4    (4) the data element dictionary and the annual data acquisition calendar of the
2.5Department of Education to the extent provided by section 125B.07;
2.6    (5) the occupational safety and health standards provided in section 182.655;
2.7    (6) revenue notices and tax information bulletins of the commissioner of revenue;
2.8    (7) uniform conveyancing forms adopted by the commissioner of commerce under
2.9section 507.09; or
2.10    (8) standards adopted by the electronic real estate recording commission established
2.11under section 507.0945; or
2.12    (8)(9) the interpretive guidelines developed by the commissioner of human services
2.13to the extent provided in chapter 245A.

2.14    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.

2.17    Sec. 3. Minnesota Statutes 2006, section 287.08, is amended to read:
2.18287.08 TAX, HOW PAYABLE; RECEIPTS.
2.19    (a) The tax imposed by sections 287.01 to 287.12 must be paid to the treasurer of
2.20any county in this state in which the real property or some part is located at or before
2.21the time of filing the mortgage for record. The treasurer shall endorse receipt on the
2.22mortgage and the receipt is conclusive proof that the tax has been paid in the amount
2.23stated and authorizes any county recorder or registrar of titles to record the mortgage. Its
2.24form, in substance, shall be "registration tax hereon of ..................... dollars paid." If the
2.25mortgage is exempt from taxation the endorsement shall, in substance, be "exempt from
2.26registration tax." In either case the receipt must be signed by the treasurer. In case the
2.27treasurer is unable to determine whether a claim of exemption should be allowed, the tax
2.28must 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.
2.32    (b) The county treasurer may refund in whole or in part any mortgage registry tax
2.33overpayment if a written application by the taxpayer is submitted to the county treasurer
2.34within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
2.35of the application, the taxpayer may bring an action in Tax Court in the county in which
3.1the tax was paid at any time after the expiration of six months from the time that the
3.2application was submitted. A denial of refund may be appealed within 60 days from
3.3the date of the denial by bringing an action in Tax Court in the county in which the tax
3.4was paid. The action is commenced by the serving of a petition for relief on the county
3.5treasurer, and by filing a copy with the court. The county attorney shall defend the action.
3.6The county treasurer shall notify the treasurer of each county that has or would receive a
3.7portion of the tax as paid.
3.8    (c) If the county treasurer determines a refund should be paid, or if a refund is
3.9ordered by the court, the county treasurer of each county that actually received a portion
3.10of the tax shall immediately pay a proportionate share of three percent of the refund
3.11using any available county funds. The county treasurer of each county that received, or
3.12would have received, a portion of the tax shall also pay their county's proportionate share
3.13of the remaining 97 percent of the court-ordered refund on or before the 20th day of the
3.14following month using solely the mortgage registry tax funds that would be paid to the
3.15commissioner of revenue on that date under section 287.12. If the funds on hand under
3.16this procedure are insufficient to fully fund 97 percent of the court-ordered refund, the
3.17county treasurer of the county in which the action was brought shall file a claim with the
3.18commissioner of revenue under section 16A.48 for the remaining portion of 97 percent of
3.19the refund, and shall pay over the remaining portion upon receipt of a warrant from the
3.20state issued pursuant to the claim.
3.21    (d) When any mortgage covers real property located in more than one county in this
3.22state the total tax must be paid to the treasurer of the county where the mortgage is first
3.23presented for recording, and the payment must be receipted as provided in paragraph (a).
3.24If the principal debt or obligation secured by such a multiple county mortgage exceeds
3.25$1,000,000, the nonstate portion of the tax must be divided and paid over by the county
3.26treasurer receiving it, on or before the 20th day of each month after receipt, to the county
3.27or counties entitled in the ratio that the market value of the real property covered by the
3.28mortgage in each county bears to the market value of all the real property in this state
3.29described in the mortgage. In making the division and payment the county treasurer shall
3.30send a statement giving the description of the real property described in the mortgage and
3.31the market value of the part located in each county. For this purpose, the treasurer of any
3.32county may require the treasurer of any other county to certify to the former the market
3.33valuation of any tract of real property in any mortgage.
3.34    (e) The mortgagor must pay the tax imposed by sections 287.01 to 287.12. The
3.35mortgagee may undertake to collect and remit the tax on behalf of the mortgagor. If the
3.36mortgagee collects money from the mortgagor to remit the tax on behalf of the mortgagor,
4.1the mortgagee has a fiduciary duty to remit the tax on behalf of the mortgagor as to the
4.2amount of the tax collected for that purpose and the mortgagor is relieved of any further
4.3obligation to pay the tax as to the amount collected by the mortgagee for this purpose.

4.4    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.
4.7    Subdivision 1. Statement of tax due or exemption. No deed or instrument, taxable
4.8under the provisions of section 287.21, shall be recorded unless it contains the statement
4.9of the grantor or grantee, or any successor in interest, setting forth the amount of tax due
4.10under this chapter or that it is exempt from tax. The county recorder or registrar of titles
4.11shall record any deed or instrument when the statement sets forth that the transfer is tax
4.12exempt, or when documentary stamps or the treasurer's receipt appear for the amount
4.13of 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
4.15effectiveness of a deed or instrument as between the parties, and as to any person who
4.16would otherwise be bound, is not affected by the failure to comply with this section. If a
4.17deed or instrument is accepted for recording contrary to this section, the failure to comply
4.18does not destroy or impair the record of the deed or instrument as notice.
4.19    Subd. 2. Notice of certificate of value. No deed or instrument providing for the
4.20transfer of title to real property that is subject to the tax as provided in section 287.21, and
4.21no executory contract for the sale of land, shall be recorded unless such deed or instrument
4.22is accompanied by a notice from the county auditor that a certificate of value was filed in
4.23the auditor's office as provided in section 272.115. 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.

4.26    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
4.29method for collection of the tax imposed by section 287.21:
4.30    (1) The tax imposed by section 287.21 may be paid by the affixing of a documentary
4.31stamp or stamps in the amount of the tax to the document or instrument with respect to
4.32which the tax is paid, provided that the county board may permit the payment of the
4.33tax without the affixing of the documentary stamps and in such cases shall direct the
4.34treasurer 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.
5.3    (2) The tax imposed by section 287.21 may be paid in the manner prescribed by
5.4section 287.08 relating to payment of mortgage registration tax.

5.5    Sec. 6. Minnesota Statutes 2006, section 386.03, is amended to read:
5.6386.03 RECEPTION INDEX.
5.7    Every county recorder shall keep an index, to be denominated as a grantor's and
5.8grantee's reception index, which shall contain the following information: date of reception,
5.9year, month, day, hour and minute, grantor and grantee, where situated, to whom delivered
5.10after recording, fees received, instrument number, and kind of instrument.
5.11    The recorder shall enter in the index, in the order and manner aforesaid, as soon as
5.12the same are received, all deeds and other instruments left, and all copies left, as cautions or
5.13notices of liens, authorized by law to be recorded. The reception index shall be maintained
5.14in alphabetical order, and every entry made therein shall be made in the reception index
5.15under the grantor's surname, and under the grantee's surname, and all such entries shall
5.16appear therein consecutively and in the order as to time in which the instruments were
5.17received. The recorder shall make an entry in the record immediately for each instrument
5.18recorded specifying the time of the day, month, and year when the same was recorded.

5.19    Sec. 7. Minnesota Statutes 2006, section 386.19, is amended to read:
5.20386.19 RECORD BOOKS, INDEXES.
5.21    The county recorder shall keep suitable word for word records by either manual or
5.22electronic means of all instruments left with delivered to the recorder for record keeping.
5.23The recorder shall keep an alphabetical index either by manual or electronic means, to
5.24record, under the proper letter of the alphabet, the name of each grantor and grantee of any
5.25instrument left delivered for record recording.

5.26    Sec. 8. Minnesota Statutes 2006, section 386.26, subdivision 1, is amended to read:
5.27    Subdivision 1. Counties over 100,000. The county recorder in each county
5.28having a population of over 100,000 is hereby authorized and directed to transcribe in
5.29appropriate records in writing or by electronic media to be provided by the county for
5.30such purpose and to appropriately index all instruments affecting: lists of lands selected
5.31by railroad companies under grants from the United States or the state of Minnesota; and
5.32all instruments affecting: condemnation proceedings; awards of damages in condemnation
5.33proceedings; building line easements; easements for slopes; easements for electric light
6.1and telephone poles; now on file in the recorder's office and which have not heretofore
6.2been recorded.

6.3    Sec. 9. Minnesota Statutes 2006, section 386.31, is amended to read:
6.4386.31 CONSECUTIVE NUMBERING.
6.5    Each county recorder shall endorse plainly upon each instrument received for record
6.6as soon as received a number consecutive, to the extent practicable, to the number affixed
6.7to the instrument next previously received and enter such number as a part of the entry
6.8relating to such instrument in all the indexes kept in the office and on the margin of the
6.9record of the instrument, and such number shall be prima facie evidence of priority of
6.10registration. If more than one instrument shall be received at the same time, by mail or
6.11other like enclosure, the recorder shall affix such number in the order directed by the
6.12sender; if no direction be given, then in the order in which the instruments actually come
6.13to the recorder's hand in opening the enclosures recorder.

6.14    Sec. 10. Minnesota Statutes 2006, section 386.409, is amended to read:
6.15386.409 COUNTY RECORDER'S OFFICIAL SIGNATURE.
6.16    When the county recorder's official signature, or that of a deputy is required under
6.17section 386.41, an electronically generated facsimile signature or name may be used.

6.18    Sec. 11. Minnesota Statutes 2006, section 507.093, is amended to read:
6.19507.093 STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.
6.20    The following standards are imposed on documents to be recorded with the county
6.21recorder or the registrar of titles other than by electronic means as provided in section
6.22507.24:
6.23    (1) The document shall consist of one or more individual sheets measuring no larger
6.24than 8.5 inches by 14 inches.
6.25    (2) The form of the document shall be printed, typewritten, or computer generated in
6.26black ink and the form of the document shall not be smaller than 8-point type.
6.27    (3) The document shall be on white paper of not less than 20-pound weight with no
6.28background color or images and, except for the first page, shall have a border of at least
6.29one-half inch on the top, bottom, and each side.
6.30    (4) The first page of the document shall contain a blank space at the top measuring
6.31three inches, as measured from the top of the page, and a border of one-half inch on each
6.32side and the bottom. The right half of the blank space shall be reserved for recording
6.33information and the left half shall be reserved for tax certification. Any person may attach
6.34an administrative page before the first page of the document to accommodate this standard.
7.1The administrative page may contain the document title, document date, and, if applicable,
7.2the grantor and grantee, and shall be deemed part of the document when recorded.
7.3    (5) The title of the document shall be prominently displayed at the top of the first
7.4page below the blank space referred to in clause (4), or on the administrative page.
7.5    (6) No additional sheet shall be attached or affixed to a page that covers up any
7.6information or printed part of the form.
7.7    (7) A document presented for recording must be sufficiently legible to reproduce
7.8a readable copy using the county recorder's or registrar of title's current method of
7.9reproduction.

7.10    Sec. 12. Minnesota Statutes 2007 Supplement, section 507.24, subdivision 2, is
7.11amended to read:
7.12    Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
7.13instrument affecting real estate that is to be recorded as provided in this section or other
7.14applicable law must contain the original signatures of the parties who execute it and of the
7.15notary public or other officer taking an acknowledgment. However, a financing statement
7.16that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
7.17signatures of the debtor or the secured party; or (2) an acknowledgment.
7.18    (b)(1) Any electronic instruments, including signatures and seals, affecting real
7.19estate may only be recorded as part of a pilot project for the electronic filing of real
7.20estate documents implemented by the task force created in Laws 2000, chapter 391, or
7.21by the Electronic Real Estate Recording Task Force created under section 507.094. The
7.22Electronic Real Estate Recording Task Force created under section 507.094 may amend
7.23standards 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 and establish
7.30pilot projects to the full extent permitted in section 507.094, subdivision 2, paragraph
7.31(b)507.0945. Documents recorded in conformity with those standards and in those pilot
7.32projects 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 are deemed
7.35to meet the requirements of this section.
8.1    (2)(i) A county that participated in the pilot project for the electronic filing of real
8.2estate documents under the task force created in Laws 2000, chapter 391, may continue to
8.3record 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
8.7estate document electronically, if:
8.8    (A) the document to be recorded or filed is of a type included in the pilot project
8.9for the electronic filing of real estate documents under the task force created in Laws
8.102000, 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
8.14certification of compliance with paragraph (b), clause (2), of this section by the county
8.15board and county recorder of the county to implement electronic filing under this section.
8.16    (c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not
8.17contain an acknowledgment.

8.18    Sec. 13. Minnesota Statutes 2006, section 507.40, is amended to read:
8.19507.40 MORTGAGES, HOW DISCHARGED.
8.20    A mortgage may be discharged by filing for record a certificate of its satisfaction
8.21executed and acknowledged by the mortgagee, the mortgagee's personal representative,
8.22or assignee, as in the case of a conveyance. The county recorder shall enter the number
8.23of such certificate and the book and page of its record upon the record of the mortgage
8.24or 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
8.26more than one county and discharged of record in one of them, a certified copy of such
8.27discharge may be recorded in another county with the same effect as the original. If the
8.28discharge be by marginal entry, heretofore made, such copy shall include the record of the
8.29mortgage. In all cases the discharge shall be entered in the reception book and indexes as
8.30conveyances are entered.

8.31    Sec. 14. Minnesota Statutes 2006, section 507.46, subdivision 1, is amended to read:
8.32    Subdivision 1. Form of certificate. A county recorder or registrar of titles shall
8.33accept for recording a document that is not written prepared in the English language, but is
8.34otherwise in recordable form, if there is appended to the non-English language document
9.1a translation of the document into the English language and a certificate of translation in
9.2substantially the following form:
9.4State of Minnesota
9.5County of .....
9.6I certify that the attached English language document is a complete and accurate
9.7translation of the attached document from the ................ language.
9.8 .....
9.9Signature of translator
9.10 .....
9.11Typed or printed name
9.12 .....
9.13Street Address
9.14 .....
9.15City, State, and Zip Code
9.16 .....
9.17Telephone number
9.18 .....
9.19Subscribed and sworn to before me this .......
9.20day of ....................., 20.....
9.21 .....
9.22Notary public"