Minnesota Legislature

Present: (Members) David Arbeit, Jeanine Barker, Carmen Bramante, Ann Burkhart, Angela Burrs, Jeff Carlson, Michael Cunniff, Larry Dalien, Dennis Distad, Don Goedken, Bob Horton, Charles Hoyum, John L. Jones, Sen. Steve Kelley, Secretary of State Mary Kiffmeyer, Cindy Koosman, Sen, Warren Limmer, Richard Little, Paul McGinley, Gail Miller, Mark Monacelli, Bill Mori, Chuck Parsons, Leonard Peterson, John Richards (via telephone), Eileen Roberts, Joseph Witt. (Guests) Randall Becker, Bert Black, Luci Botzek, Tiffanie Heben, Erling Rood.

1. Call to order

Secretary of State Mary Kiffmeyer called the meeting to order at 1:05 P.M. The minutes of the 12 October meeting were approved as distributed.

2. Review of draft workplan and budget

Eileen Roberts introduced the draft workplan and budget and asked for comments.

After some discussion, the task force agreed to a number of revisions to the text of the report, which Eileen Roberts will note in a redline version of the report to be distributed before the next meeting.

Because there were some concerns about the definition of electronic real estate recording, as noted on p. 2 of the report, Sen. Limmer asked if there were any definitions of recording in the statutes that should be considered. The general determination was that there are none currently.

Richard Little noted that some additional language in the explanation of the Torrens System was necessary to explain the certificate of possessory title. He offered to write a paragraph that would be Section V. B. 3.

Sen. Kelley urged that the timeline for the project be revised to allow for a report and set of recommendations to the 2002 session of the Legislature. He suggested that some tasks could be done simultaneously, rather than sequentially. Under the current schedule, implementation of a new system could probably not occur until 2004 or 2005. There are a number of drawbacks to that. Technology will change very rapidly during that time. As well, it would be difficult for counties which needed to make decisions about their systems now to wait that long a period for guidance.

A number of things could accelerate the task force�s work. Some features and standards could be copied or based on work done for other electronic filing or government services projects. The modeling of functions associated with recording could be done only at a very high level; the process could also begin in the immediate future, with the private sector providing information from their perspective. During this, the task force could identify and set some priorities that would narrow the scope of the project; at present, it is very large.

Michael Cunniff noted that to realize fully the investment in electronic recording, some re-engineering of business processes had to take place. This would be a complex matter and should be handled deliberately. But analysis of the re-engineering could proceed independently of the task force and begin before the Legislature approved the task force�s report.

Sen. Kelley suggested that the task force could prepare a first statement on necessary standards and features of a system by November 2001. The task force could then determine what report to make to the Legislature and what requests to make in the 2002 session. Carmen Bramante added that if a pilot project was simultaneously moving forward in 2001, then a substantive report in early 2002 would be possible.

Secretary Kiffmeyer proposed that the Framework Committee revise the timeline, to accelerate the process, allowing for a report to the Legislature during the 2002 session and providing some guidance to counties that have to invest in technology in the near future. The report due in January 2001 would include some details and budget figures for a pilot project that would facilitate this work. Cindy Koosman volunteered to work out an estimated budget for a pilot before the December meeting.

Chuck Parsons pointed out the potential difficulty of hiring legal staff at the salaries noted in the project budget. Sen. Kelley suggested following the model of NCCUSL and finding a recorder instead, perhaps using an RFI to gauge the appeal of the idea to local law firms and law schools. In general, the task force agreed that the Framework Committee should study the budget and examine the alternatives proposed. Bert Black noted that the budget considerations should include some firm commitments to participate from task force members. Secretary Kiffmeyer said this could include the contribution of resources or personnel in the form of a public-private partnership.

Eileen Roberts will revise the text of the report on the basis of the discussion and circulate a redline version for review by 4 December. She urged participants to respond with suggestions and comments by e-mail before the December meeting, where the final product had to be approved.

3. Reports from associations and interest groups

Mark Monacelli asked if there were any other legislative proposals under consideration by task force members that would have some bearing on this project. Tiffanie Heben responded that the National Notary Association had drafted a Model Notary Act, which she would forward to Bert Black for circulation. Luci Botzek noted a land records modernization proposal has been drafted; David Arbeit will forward a copy of that.

4. Proposed 2001 legislation

The Secretary of State�s Office had drafted and circulated a bill for the Legislature to approve the task force report. This would place future activities and the budget under the Legislative Coordinating Commission. The discussion was positive. Sen. Limmer suggested informing the Governor�s Office that it would include a budget request.

5. Revisit mission statement

Secretary Kiffmeyer brought up the mission statement, which could be revised in the light of the increasingly more detailed report. Eileen Roberts noted that the definition of electronic real estate recording in the report could serve as a model for a more up to date mission statement and offered to revise it.

6. 14 December meeting

The task force agreed to meet on 14 December, at 9 A.M., to review and approve the final draft of the report.

Secretary Kiffmeyer thanked Carmen Bramante and Fannie Mae for providing the teleconferencing services.

The meeting adjourned at 3 P.M.

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Updated: 08/21/01(jhr)