HF 16

as introduced - 91st Legislature, 2020 4th Special Session (2020 - 2020) Posted on 09/11/2020 10:47am

A bill for an act
relating to state government; permitting video conferencing to satisfy the
requirement to appear personally before a notarial officer for certain conveyances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin REAL ESTATE DOCUMENT NOTARIZATION; APPEARANCE BY
VIDEO AUTHORIZED DURING PEACETIME PUBLIC HEALTH EMERGENCY.
new text end

new text begin (a) During and for 60 days after the expiration of a peacetime public health emergency,
with respect to documents recorded pursuant to Minnesota Statutes, sections 507.24 and
507.27, the requirement to appear personally under Minnesota Statutes, section 358.56, is
deemed met when the notarial officer and the individual making the statement or executing
the signature, whether acting on behalf of themselves or in a representative capacity, are
not in the same location but are physically located within the state of Minnesota and
communicate via video conference in real time. This act does not alter any other requirement
in Minnesota Statutes, chapter 358.
new text end

new text begin (b) The notarial officer shall create an audio and video record of the performance of the
notarial act. The recording must reflect the items required by Minnesota Statutes, section
358.645, subdivision 4, paragraph (a), clauses (1), (3), (4), (5), and (6), as well as a statement
by the notarial officer to the signer informing the signer of the temporary authority under
which this form of personal appearance is made, that the notarization is being recorded, that
the recording may be subject to inspection by the commissioner of commerce, and that the
recording will be maintained for a period of ten years.
new text end

new text begin (c) The notarial officer shall:
new text end

new text begin (1) take reasonable steps to ensure the integrity, security, and authenticity of the audio
and video record of the performance of the notarial act;
new text end

new text begin (2) maintain a backup of the audio and video record required in paragraph (b); and
new text end

new text begin (3) protect the record and the backup from unauthorized access or use.
new text end

new text begin (d) The notarial officer shall maintain the recording for at least ten years after the date
of the transaction or proceeding.
new text end

new text begin (e) The notification requirements of Minnesota Statutes, section 358.645, subdivision
6, paragraph (c), apply to notarizations performed under this section. The notarial officer
shall also make any recordings made under this act available for inspection by the
commissioner of commerce upon reasonable notice.
new text end

new text begin (f) For purposes of this section, "peacetime public health emergency" means any
peacetime emergency declared by the governor in an executive order that relates to the
infectious disease known as COVID-19.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
expires January 6, 2021.
new text end