SF1769 (Legislative Session 94 (2025-2026))

Requirements modification for well disclosures certificates

Related bill: HF1430

AI Generated Summary

This bill modifies the requirements for well disclosure certificates in real estate transactions in Minnesota. Key changes include:

  1. Enhanced Well Disclosure Requirements:

    • Sellers must disclose the status and location of all known wells before signing a sale agreement.
    • A well disclosure certificate must be provided at closing, including buyer details and the location of each well.
    • Starting August 1, 2028, or earlier if specified by the commissioner, sellers must submit the well disclosure certificate to the commissioner before closing. The commissioner will issue a well disclosure certificate number, which must be recorded on the deed.
  2. Fee for Well Disclosure Certificate:

    • A $50 nonrefundable fee will be required for submitting a well disclosure certificate.
    • The county recorder will collect and transmit part of the fee to the Department of Health.
  3. New Information Technology System:

    • The bill mandates the development of an electronic system for submitting well disclosure certificates, accepting payments, and issuing searchable disclosure numbers.
    • The system must be implemented by June 30, 2028.
    • County recorders must verify and validate well disclosure information using the system.
  4. Responsibility for Wells on Property:

    • Once the sale is completed, the new property owner will be responsible for any wells on the property.
  5. Funding Appropriation:

    • A one-time appropriation is allocated for the technology system development, available until June 30, 2028.
    • Ongoing costs will be covered through a service-level agreement with the Department of Information Technology Services.

The bill aims to enhance the accuracy and tracking of well disclosures, streamline electronic submissions, and ensure proper documentation during real estate transactions.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 23, 2025HouseFloorActionIntroduction and first reading
February 23, 2025SenateFloorActionIntroduction and first reading
February 23, 2025HouseFloorActionReferred toHealth and Human Services
February 23, 2025SenateFloorActionReferred toHealth and Human Services

Citations

 
[
  {
    "analysis": {
      "added": [
        "Introduction of nonrefundable fee for well disclosure certificate.",
        "New technology system for well disclosure information management."
      ],
      "removed": [
        "Expiration of certain provisions related to well disclosure procedures."
      ],
      "summary": "This bill modifies the requirements for seller disclosure of wells on the property under section 103I.235.",
      "modified": [
        "Changes in procedure for submitting the well disclosure certificate.",
        "Clarifies the responsibilities of county recorders and registrars of titles."
      ]
    },
    "citation": "103I.235",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "The bill references requirements for deeds and instruments of conveyance regarding certificate of value under section 272.115.",
      "modified": [
        "Ensures the deed or other instrument of conveyance conforms to well disclosure certificate procedures."
      ]
    },
    "citation": "272.115",
    "subdivision": ""
  }
]