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Electronic Real Estate Recording Task Force

MEETING MINUTES

Minutes: 17 July 2000

As recorded by Bob Horton

Present: David Arbeit, Bill Batcher, Bert Black, Luci Botzek, Jeffrey Carlson, David Claypool, Mike Cunniff, Larry Dalien, Susan Dioury, Steve Fillbrandt, Bob Horton, Chuck Hoyum, Denny Kron, Mary Kiffmeyer, Gail Miller, Chuck Parsons, Eileen Roberts, Erling Rood, Lisa Skipton

Secretary of State Mary Kiffmeyer called the meeting to order at 9:05.

1. Introduction of new attendees

Those present introduced themselves. Gail Miller, Renville County Recorder and Lisa Skipton, Goodhue County Surveyor were attending for the first time.

2. Discussion of real property document flow and process

Larry Dalien distributed and discussed two models: typical document processing flow and typical document flow. These were based on the traditional organizational framework and practices in counties where the treasurer, auditor and recorder functions were separate. The discussion noted that there are probably 87 different versions of these, with the variations dependent on the different administrative and organizational frameworks in each county. Despite that, the steps in these models comprised all the relevant statutory functions and requirements. The models depicted all the actions and documents that any system would have to address.

Bert Black raised two questions. 1) Given this workflow, should auditors and treasurers be represented in the task force? And 2) Will automation allow for the same sort of diverse administrative frameworks in counties? Luci Botzek noted that there is an ongoing effort to get more county officials involved in the task force and that automation would standardize what goes in and out of the county, but would not necessarily dictate what happens in between.

David Claypool asked about the scope of the task force, specifically if it would address registration of plats, as has Utah. Secretary Kiffmeyer noted the task force’s mandate was to evaluate and make recommendations about all aspects of the real estate recording process.

3. Discussion of materials on recording and electronic records management

Secretary Kiffmeyer passed out copies of presentations on electronic records management made by Robert Williams of Cohasset Associates at the 2000 annual meeting of the National Association of Secretaries of State. She suggested that these would be useful resources to consider as the task force would have to address electronic records management in some detail.

4. UETA and E-Sign

Bert Black distributed copies of the newly signed federal law, the Electronic Signatures in Global and National Commerce Act (E-Sign); Minnesota’s version of the Uniform Electronic Transactions Act (UETA); and Patricia Brumfield Fry’s article "A Preliminary Analysis of Federal and State Electronic Commerce Laws."

Discussion focused on the question of whether and to what extent E-Sign pre-empted UETA. Participants voiced special concern about the possibility that E-Sign would force government offices to accept prematurely electronic records and submissions. The general consensus was that an official opinion from the Attorney General’s Office would be helpful. The Secretary of State’s Office, with the help of Michael Cunniff and Chuck Parsons, will start work on framing a request for an opinion. The response will be likely to affect the task force’s budget and work plan.

5. Applications for task force membership

Applications were distributed at the meeting. Secretary Kiffmeyer noted who else had been invited to apply, particularly notaries, county officers’ associations and staff from the Department of Revenue.

6. August agenda

The first official meeting of the task force was scheduled for 17 August, in Room 107 of the Capitol, from 9-12. Staff from the Secretary of State’s Office will give a demonstration of the digital signature process. Members will report briefly on why they are interested in and involved in the task force. Bert Black noted that the task force web site will go officially online on 1 August. Secretary Kiffmeyer emphasized that the group would have to move quickly to prepare a work plan and budget for the legislature.

The meeting adjourned at 11:00.

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Updated: 08/21/01(jhr)