HF 4

as introduced - 91st Legislature, 2020 3rd Special Session (2020 - 2020) Posted on 08/12/2020 04:05pm

A bill for an act
relating to state government; providing certain grant extensions; permitting video
conferencing to satisfy the requirement to personally appear before a notarial
officer for certain conveyances; extending an effective date; requiring a report;
amending Laws 2014, chapter 211, section 13, as amended.

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

Section 1.

Laws 2014, chapter 211, section 13, as amended by Laws 2015, First Special
Session chapter 1, article 7, section 1, Laws 2016, chapter 189, article 7, section 42, and
Laws 2017, chapter 94, article 12, section 1, is amended to read:

Sec. 13. EFFECTIVE DATE.

Sections 1 to 3 and 6 to 11 are effective deleted text begin July deleted text end new text begin January new text end 1, deleted text begin 2020 deleted text end new text begin 2022 new text end . Sections 4, 5, and
12 are effective July 1, 2014.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactive from July 1, 2020. Until
January 1, 2022, any employee, employer, employee or employer organization, exclusive
representative, or any other person or organization aggrieved by an unfair labor practice as
defined in Minnesota Statutes, section 179A.13, may bring an action for injunctive relief
and for damages caused by the unfair labor practice in the district court of the county in
which the practice is alleged to have occurred. The application of this effective date shall
be retroactive.
new text end

Sec. 2. 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

Sec. 3. new text begin GRANT EXTENSIONS RELATED TO COVID-19; REPORT REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin General encumbrances for grants. new text end

new text begin Notwithstanding Minnesota Statutes,
sections 16A.28, subdivision 6, and 16B.98, subdivision 7, and in order to provide relief
from the effects of the peacetime emergency related to the infectious disease known as
COVID-19, upon approval by the commissioner of management and budget, encumbrances
for grants issued by June 30, 2020, may be certified for a period of two fiscal years beyond
the fiscal year in which the appropriations were scheduled to cancel.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin The commissioner of management and budget must submit a report
on the implementation of this section to the chairs and ranking minority members of the
legislative committees with jurisdiction over finance, ways and means, and state government
finance by December 31, 2020. The report must provide a list of the encumbrances that
were requested for approval under subdivision 1, itemizing separately those that were
approved and those that were not approved.
new text end

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin This section is effective the day following
final enactment and applies to grants encumbered on or before June 30, 2020.
new text end