Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1769 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to health; modifying requirements for well disclosure certificates;
3	3	1.3 establishing a fee; appropriating money; amending Minnesota Statutes 2024,
4	4	1.4 section 103I.235, subdivision 1, by adding subdivisions.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 103I.235, subdivision 1, is amended to read:
7	7	1.7 Subdivision 1.Disclosure of wells to buyer.(a) Before signing an agreement to sell or
8	8	1.8transfer real property, the seller must disclose in writing to the buyer information about the
9	9	1.9status and location of all known wells on the property, by delivering to the buyer either a
10	10	1.10statement by the seller that the seller does not know of any wells on the property, or a
11	11	1.11disclosure statement indicating the legal description and county, and a map drawn from
12	12	1.12available information showing the location of each well to the extent practicable. In the
13	13	1.13disclosure statement, the seller must indicate, for each well, whether the well is in use, not
14	14	1.14in use, or sealed.
15	15	1.15 (b) At the time of closing of the sale, the disclosure statement information, name and
16	16	1.16mailing address of the buyer, and the quartile, section, township, and range in which each
17	17	1.17well is located must be provided on a well disclosure certificate signed by the seller or a
18	18	1.18person authorized to act on behalf of the seller. This paragraph expires the earlier of July
19	19	1.1931, 2028, or one day before the date the commissioner specifies in the State Register
20	20	1.20according to subdivision 1a.
21	21	1.21 (c) This paragraph is effective the earlier of August 1, 2028, or the date the commissioner
22	22	1.22specifies in the State Register according to subdivision 1a. Before the closing of the sale,
23	23	1.23the seller or a person authorized to act on behalf of the seller must submit to the commissioner
24	24	1Section 1.
25	25	25-03086 as introduced02/12/25 REVISOR SGS/ES
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 1769NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: HOFFMAN, Weber and Utke)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading02/24/2025
32	32	Referred to Health and Human Services 2.1a well disclosure certificate signed by the seller or person authorized to act on behalf of the
33	33	2.2seller that contains the following information:
34	34	2.3 (1) the disclosure statement information;
35	35	2.4 (2) the name and mailing address of the buyer; and
36	36	2.5 (3) either:
37	37	2.6 (i) the quartile, section, township, and range where each well is located; or
38	38	2.7 (ii) the lot, block, and plat name where each well is located.
39	39	2.8The well disclosure certificate must be accompanied by a nonrefundable fee of $50 payable
40	40	2.9to the Department of Health. Upon receipt of the well disclosure certificate and fee, the
41	41	2.10commissioner must provide a well disclosure certificate number to the person who submitted
42	42	2.11the well disclosure certificate. The well disclosure certificate number must appear on the
43	43	2.12deed or other instrument of conveyance to indicate that a well disclosure certificate was
44	44	2.13submitted for the real property. Well disclosure certificate numbers shall be used by county
45	45	2.14recorders and registrars of titles and may be used by other interested persons. The
46	46	2.15commissioner must maintain the well disclosure certificate for six years after the date of
47	47	2.16submission.
48	48	2.17 (c) (d) A well disclosure certificate need not be provided is not required if the seller does
49	49	2.18not know of any wells on the property and the deed or other instrument of conveyance
50	50	2.19contains the statement: "The Seller certifies that the Seller does not know of any wells on
51	51	2.20the described real property."
52	52	2.21 (d) (e) If a deed is given pursuant to a contract for deed, the well disclosure certificate
53	53	2.22required by this subdivision shall be signed by the buyer or a person authorized to act on
54	54	2.23behalf of the buyer. If the buyer knows of no wells on the property, a well disclosure
55	55	2.24certificate is not required if the following statement appears on the deed followed by the
56	56	2.25signature of the grantee or, if there is more than one grantee, the signature of at least one
57	57	2.26of the grantees: "The Grantee certifies that the Grantee does not know of any wells on the
58	58	2.27described real property." The statement and signature of the grantee may be on the front or
59	59	2.28back of the deed or on an attached sheet and an acknowledgment of the statement by the
60	60	2.29grantee is not required for the deed to be recordable.
61	61	2.30 (e) (f) This subdivision does not apply to the sale, exchange, or transfer of real property:
62	62	2.31 (1) that consists solely of a sale or transfer of severed mineral interests; or
63	63	2Section 1.
64	64	25-03086 as introduced02/12/25 REVISOR SGS/ES 3.1 (2) that consists of an individual condominium unit as described in chapters 515 and
65	65	3.2515B.
66	66	3.3 (f) (g) For an area owned in common under chapter 515 or 515B the association or other
67	67	3.4responsible person must report to the commissioner by July 1, 1992, the location and status
68	68	3.5of all wells in the common area. The association or other responsible person must notify
69	69	3.6the commissioner within 30 days of any change in the reported status of wells.
70	70	3.7 (g) (h) If the seller fails to provide a required well disclosure certificate, the buyer, or a
71	71	3.8person authorized to act on behalf of the buyer, may sign a well disclosure certificate based
72	72	3.9on the information provided on the disclosure statement required by this section or based
73	73	3.10on other available information. This paragraph expires the earlier of July 31, 2028, or one
74	74	3.11day before the date the commissioner specifies in the State Register according to subdivision
75	75	3.121a.
76	76	3.13 (i) This paragraph is effective the earlier of August 1, 2028, or the date the commissioner
77	77	3.14specifies in the State Register according to subdivision 1a. If the seller fails to submit a
78	78	3.15required well disclosure certificate to the commissioner, the buyer or a person authorized
79	79	3.16to act on behalf of the buyer may sign a well disclosure certificate based on the information
80	80	3.17provided in the disclosure statement required by this section or based on other available
81	81	3.18information and may submit the well disclosure certificate according to paragraph (c).
82	82	3.19 (h) (j) A county recorder or registrar of titles may not record a deed or other instrument
83	83	3.20of conveyance dated after October 31, 1990, for which a certificate of value is required
84	84	3.21under section 272.115, or any deed or other instrument of conveyance dated after October
85	85	3.2231, 1990, from a governmental body exempt from the payment of state deed tax, unless the
86	86	3.23deed or other instrument of conveyance contains the statement made in accordance with
87	87	3.24paragraph (c) or (d) or is accompanied by the well disclosure certificate containing all the
88	88	3.25information required by paragraph (b) or (d). The county recorder or registrar of titles must
89	89	3.26not accept a certificate unless it contains all the required information. The county recorder
90	90	3.27or registrar of titles shall note on each deed or other instrument of conveyance accompanied
91	91	3.28by a well disclosure certificate that the well disclosure certificate was received. The notation
92	92	3.29must include the statement "No wells on property" if the disclosure certificate states there
93	93	3.30are no wells on the property. The well disclosure certificate shall not be filed or recorded
94	94	3.31in the records maintained by the county recorder or registrar of titles. After noting "No wells
95	95	3.32on property" on the deed or other instrument of conveyance, the county recorder or registrar
96	96	3.33of titles shall destroy or return to the buyer the well disclosure certificate. The county
97	97	3.34recorder or registrar of titles shall collect from the buyer or the person seeking to record a
98	98	3.35deed or other instrument of conveyance, a fee of $50 for receipt of a completed well
99	99	3Section 1.
100	100	25-03086 as introduced02/12/25 REVISOR SGS/ES 4.1disclosure certificate. By the tenth day of each month, the county recorder or registrar of
101	101	4.2titles shall transmit the well disclosure certificates to the commissioner of health. By the
102	102	4.3tenth day after the end of each calendar quarter, the county recorder or registrar of titles
103	103	4.4shall transmit to the commissioner of health $42.50 of the fee for each well disclosure
104	104	4.5certificate received during the quarter. The commissioner shall maintain the well disclosure
105	105	4.6certificate for at least six years. The commissioner may store the certificate as an electronic
106	106	4.7image. A copy of that image shall be as valid as the original. This paragraph expires the
107	107	4.8earlier of July 31, 2028, or one day before the date the commissioner specifies in the State
108	108	4.9Register according to subdivision 1a.
109	109	4.10 (k) This paragraph is effective the earlier of August 1, 2028, or the date the commissioner
110	110	4.11specifies in the State Register according to subdivision 1a. A county recorder or registrar
111	111	4.12of titles must not record a deed or other instrument of conveyance for which a certificate
112	112	4.13of value is required under section 272.115 or any other deed or instrument of conveyance
113	113	4.14from a governmental body exempt from the payment of state deed tax, unless the deed or
114	114	4.15other instrument of conveyance contains:
115	115	4.16 (1) the statement made in accordance with paragraph (d) or (e); or
116	116	4.17 (2) the well disclosure certificate number provided by the commissioner according to
117	117	4.18paragraph (c).
118	118	4.19 (i) (l) No new well disclosure certificate is required under this subdivision if the buyer
119	119	4.20or seller, or a person authorized to act on behalf of the buyer or seller, certifies on the deed
120	120	4.21or other instrument of conveyance that the status and number of wells on the property have
121	121	4.22not changed since the last previously filed well disclosure certificate. The following
122	122	4.23statement, if followed by the signature of the person making the statement, is sufficient to
123	123	4.24comply with the certification requirement of this paragraph: "I am familiar with the property
124	124	4.25described in this instrument and I certify that the status and number of wells on the described
125	125	4.26real property have not changed since the last previously filed well disclosure certificate."
126	126	4.27The certification and signature may be on the front or back of the deed or on an attached
127	127	4.28sheet and an acknowledgment of the statement is not required for the deed or other instrument
128	128	4.29of conveyance to be recordable. This paragraph expires the earlier of July 31, 2028, or one
129	129	4.30day before the date the commissioner specifies in the State Register according to subdivision
130	130	4.311a.
131	131	4.32 (m) Effective the earlier of August 1, 2028, or the date the commissioner specifies in
132	132	4.33the State Register according to subdivision 1a, the county recorder or registrar of titles must:
133	133	4Section 1.
134	134	25-03086 as introduced02/12/25 REVISOR SGS/ES 5.1 (1) verify that the seller's name, the buyer's name and mailing address, and the legal
135	135	5.2description of the deed or other instrument of conveyance matches those provided on the
136	136	5.3well disclosure certificate; and
137	137	5.4 (2) validate the verified well disclosure certificate using the information technology
138	138	5.5system administered by the commissioner.
139	139	5.6 (j) The commissioner in consultation with county recorders shall prescribe the form for
140	140	5.7a well disclosure certificate and provide well disclosure certificate forms to county recorders
141	141	5.8and registrars of titles and other interested persons.
142	142	5.9 (k) (n) Failure to comply with a requirement of this subdivision does not impair:
143	143	5.10 (1) the validity of a deed or other instrument of conveyance as between the parties to
144	144	5.11the deed or instrument or as to any other person who otherwise would be bound by the deed
145	145	5.12or instrument; or
146	146	5.13 (2) the record, as notice, of any deed or other instrument of conveyance accepted for
147	147	5.14filing or recording contrary to the provisions of this subdivision.
148	148	5.15 Sec. 2. Minnesota Statutes 2024, section 103I.235, is amended by adding a subdivision
149	149	5.16to read:
150	150	5.17 Subd. 1a.Implementation of well disclosure certificate information technology
151	151	5.18system.(a) The commissioner must implement the well disclosure certificate information
152	152	5.19technology system no later than June 30, 2028, and must provide notice to the chairs and
153	153	5.20ranking minority members of the legislative committees with jurisdiction over public health
154	154	5.21when the information technology system is implemented.
155	155	5.22 (b) The commissioner must, by publication in the State Register, specify a date by which
156	156	5.23county recorders and registrars of titles must comply with subdivision 1, paragraph (m).
157	157	5.24This date must be at least three months after the commissioner publishes the date in the
158	158	5.25State Register.
159	159	5.26 Sec. 3. Minnesota Statutes 2024, section 103I.235, is amended by adding a subdivision
160	160	5.27to read:
161	161	5.28 Subd. 4.Responsible person.Following the closing of the sale of real property, the
162	162	5.29new property owner is the responsible person for any wells located on the property.
163	163	5Sec. 3.
164	164	25-03086 as introduced02/12/25 REVISOR SGS/ES 6.1 Sec. 4. APPROPRIATION; WELL DISCLOSURE CERTIFICATION
165	165	6.2INFORMATION TECHNOLOGY SYSTEM.
166	166	6.3 $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
167	167	6.4health for the development of an information technology system for well disclosure
168	168	6.5certificates that allows electronic submission of well disclosure certificates, accepts fee
169	169	6.6payments, provides for issuance of well disclosure certificate numbers, and contains a
170	170	6.7searchable database of well disclosure certificates. This is a onetime appropriation and is
171	171	6.8available until June 30, 2028. The commissioner must incorporate any ongoing costs for
172	172	6.9the well disclosure certificate information technology system into a service-level agreement
173	173	6.10and must pay those costs to the Department of Information Technology Services under the
174	174	6.11rates and mechanisms specified in the agreement.
175	175	6Sec. 4.
176	176	25-03086 as introduced02/12/25 REVISOR SGS/ES