SF 5273
Introduction - 94th Legislature (2025 - 2026)
Posted on 05/08/2026 10:15 a.m.
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A bill for an act
relating to transportation; modifying requirements governing electronic motor
vehicle documents; requiring certain electronic titling and lien release; providing
for certain electronic transmission and signatures related to motor vehicles;
modifying rulemaking authority; making technical changes; amending Minnesota
Statutes 2024, sections 168.33, subdivision 8a; 168A.06; 168A.09, subdivision 1,
by adding a subdivision; 168A.14, as amended; 168A.18; 168A.20; 168A.24;
168A.29, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 168A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 168.33, subdivision 8a, is amended to read:
Subd. 8a.
Electronic transmission.
(a) deleted text begin Ifdeleted text end new text begin Subject to section 168A.50, subdivision 2,
paragraph (d),new text end the commissioner deleted text begin acceptsdeleted text end new text begin may accept, and beginning October 1, 2027, must
accept,new text end electronic transmission of a motor vehicle transfer and registrationnew text begin or other document
required under this chapternew text end bynew text begin (1)new text end a new or used motor vehicle dealer,new text begin and (2) a user
authorized by the commissioner.
new text end
new text begin (b)new text end A deputy registrar who is equipped with electronic transmission technology and
trained in its use must deleted text begin receive the filing fee provided for in subdivision 7 anddeleted text end review the
transfer of each new or used motor vehicle to determine its genuineness and regularity
before issuance of a certificate of title, and must receive and retain the filing fee under
subdivision 7, paragraph (a), clause (2).
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner must establish reasonable performance, security, technical,
and financial standards to approve companies that provide computer software and services
to motor vehicle dealersnew text begin and other authorized usersnew text end to electronically transmit vehicle title
transfer and registration informationnew text begin and documentsnew text end . An approved company must be offered
access to department facilities, staff, and technology on a fair and reasonable basis. An
approved company must not have an ownership interest with a deputy registrar or a driver's
license agent. An approved company is not eligible to be appointed by the commissioner
as a deputy registrar or a driver's license agent.
new text begin
(d) A person who transmits a physical document in electronic form must retain the
physical document in the manner prescribed by the commissioner. Information or a document
that is not produced in physical form is not required to be converted to physical form and
must be retained for a period of time as determined by the commissioner. Subject to section
168A.50, subdivision 2, paragraph (d), a person who transmits a document electronically
as provided under this subdivision is not required to provide the document in physical form
to the commissioner or a deputy registrar as a routine course of business.
new text end
Sec. 2.
Minnesota Statutes 2024, section 168A.06, is amended to read:
168A.06 DELIVERY OF CERTIFICATE.
new text begin (a) new text end Thenew text begin commissioner must deliver anew text end certificate of title deleted text begin must be delivereddeleted text end new text begin :
new text end
new text begin (1) before October 1, 2027,new text end to the owner named in deleted text begin it. Secured parties, if any, must be
mailed notification of their security interest filed.deleted text end new text begin the certificate; or
new text end
new text begin
(2) on or after October 1, 2027, by electronic transmission to the first secured party
named in the certificate, or by mail to the named owner if there is no secured party.
new text end
new text begin
(b) The commissioner must notify any other secured parties of a secured party's security
interest and of an electronic transmission under this section.
new text end
new text begin
(c) For a certificate of title electronically transmitted to a secured party, the commissioner
must notify the owner that a security interest has been filed and that the certificate of title
has been delivered to a secured party and must issue a confirmation of ownership document
to the owner. A confirmation of ownership document is not a certificate of title and may
not be used to transfer ownership of the vehicle.
new text end
Sec. 3.
Minnesota Statutes 2024, section 168A.09, subdivision 1, is amended to read:
Subdivision 1.
Application, issuance, form, bond, and notice.
(a) In the event a
certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the owner or
legal representative of the owner named in the certificate may submit an application to the
deleted text begin departmentdeleted text end new text begin commissionernew text end or a deputy registrar for a duplicate in a format prescribed by the
deleted text begin departmentdeleted text end new text begin commissionernew text end .new text begin Subject to subdivision 5,new text end the deleted text begin departmentdeleted text end new text begin commissionernew text end ornew text begin anew text end
deputy registrar must issue a duplicate certificate of titlenew text begin and provide notifications in
conformance with section 168A.06new text end if satisfied that the applicant is entitled to the duplicate
certificate of title. deleted text begin The duplicate certificate of title must be plainly marked as a duplicate
and mailed or delivered to the owner.deleted text end The deleted text begin departmentdeleted text end new text begin commissionernew text end ornew text begin anew text end deputy registrar
must indicate in the driver and vehicle information system records that a duplicate certificate
of title has been issued. As a condition to issuing a duplicate certificate of title, the deleted text begin departmentdeleted text end new text begin
commissionernew text end may require a bond from the applicant in the manner and format prescribed
in section 168A.07, subdivision 1, clause (2).
new text begin (b)new text end The duplicate certificate of title mustnew text begin be plainly marked as a duplicate andnew text end contain
the legend: "This duplicate certificate of title may be subject to the rights of a person under
the original certificate."
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner must allow duplicate certificate of title issuance by a deputy
registrar, subject to procedures established by the commissioner.
Sec. 4.
Minnesota Statutes 2024, section 168A.09, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Issuance with security interest. new text end
new text begin
For an original certificate of title issued on
or after October 1, 2027, the commissioner or a deputy registrar must not issue a duplicate
certificate of title when a security interest is present unless the applicant presents satisfactory
evidence that the security interest has been satisfied or the applicant is the security interest
holder.
new text end
Sec. 5.
Minnesota Statutes 2024, section 168A.14, as amended by Laws 2025, chapter 20,
section 164, is amended to read:
168A.14 NEW CERTIFICATES ISSUED, OLD CERTIFICATES SURRENDERED.
Subdivision 1.
New certificate after assignment.
deleted text begin The department,deleted text end Upon receipt of a
properly assigned certificate of title, with an application for a new certificate of title, the
required fees and taxes, and any other documents required by law, deleted text begin shalldeleted text end new text begin the commissioner
mustnew text end issue a new certificate of title in the name of the transferee as owner and list any
secured party named on deleted text begin itdeleted text end new text begin the certificatenew text end and deleted text begin deliver it to the owner. The secured party or
parties must be issued a notification that the security interest has been fileddeleted text end new text begin must perform
issuances and notifications as provided in section 168A.06new text end .
Subd. 1a.
New certificate after security interest filed.
deleted text begin The department,deleted text end Upon receipt
of an affidavit as provided in section 524.3-1201, paragraph (a), an application for a new
certificate of title, and any required fee, deleted text begin shalldeleted text end new text begin the commissioner mustnew text end issue a new certificate
of title in the name of the successor as ownerdeleted text begin , listingdeleted text end new text begin and listnew text end any secured party on deleted text begin itdeleted text end new text begin the
certificate and must perform issuances and notifications as provided in section 168A.06new text end .
deleted text begin The department shall deliver the certificate to the successor and shall issue any secured
party a notification that the security interest has been filed.
deleted text end
Subd. 2.
New certificate after nonvoluntary transfer.
deleted text begin The department,deleted text end Upon receipt
of an application for a new certificate of title by a transferee other than by voluntary transfer,
with proof of the transfer, the required fees and taxes, and any other documents required
by law, deleted text begin shalldeleted text end new text begin the commissioner mustnew text end issue a new certificate of title in the name of the
transferee as ownernew text begin and must perform issuances and notifications as provided in section
168A.06new text end .
Subd. 3.
Surrendered certificate.
The deleted text begin department shalldeleted text end new text begin commissioner mustnew text end file and
retain for seven years every surrendered certificate of title, the file to be maintained so as
to permit the tracing of title of the vehicle.
Sec. 6.
Minnesota Statutes 2024, section 168A.18, is amended to read:
168A.18 DUTIES OF PARTIES RELATING TO SECURITY INTEREST.
new text begin (a) The requirements under this section apply new text end if an owner creates a security interest in
a vehicledeleted text begin :deleted text end new text begin .
new text end
deleted text begin (a)deleted text end new text begin (b)new text end The owner deleted text begin shalldeleted text end new text begin mustnew text end immediately execute the application in the space provided
deleted text begin therefordeleted text end on the certificate of title, or in a format the deleted text begin departmentdeleted text end new text begin commissionernew text end prescribes,
to name the secured party on the certificate, showing the name and address of the secured
party, and cause the certificate, application, and the required fees and taxes to be delivered
to the secured party.
deleted text begin (b)deleted text end new text begin (c)new text end The secured party deleted text begin shalldeleted text end new text begin mustnew text end immediately cause the certificate, application, and
the required fees and taxes to be mailed or delivered to the deleted text begin departmentdeleted text end new text begin commissionernew text end .
deleted text begin (c)deleted text end new text begin (d)new text end A second or subordinate secured party does not affect the rights of the first secured
party under a security agreement.
deleted text begin (d)deleted text end new text begin (e)new text end Upon receipt of the certificate of title, application, and the required fees and taxes,
the deleted text begin department shalldeleted text end new text begin commissioner mustnew text end issue a new certificate containing the name and
address of the new secured partydeleted text begin ,deleted text end and deleted text begin mail or deliver the certificate to the owner. The secured
party or parties shall be notified that the security interest has been recordeddeleted text end new text begin must perform
issuances and notifications as provided in section 168A.06new text end .
Sec. 7.
Minnesota Statutes 2024, section 168A.20, is amended to read:
168A.20 SATISFACTION OF SECURITY INTEREST.
Subdivision 1.
Certificate with latest secured party; release.
new text begin (a) new text end Upon the satisfaction
of a security interest in a vehicle for which the certificate of title is in the possession of the
secured party, new text begin including a certificate of title electronically transmitted to or held by a secured
party, new text end the secured party deleted text begin shalldeleted text end new text begin mustnew text end within 15 days, or seven days if satisfied by a dealer
licensed under section 168.27, subdivision 2, 3, or 4, execute a release of security interest
in the deleted text begin space provided therefor on the certificate or as the department prescribes, and mail
ordeleted text end deleted text begin deliver the certificate and releasedeleted text end new text begin manner prescribed by the commissioner and must:
new text end
new text begin (1) before October 1, 2027, deliver the certificate and releasenew text end to the next secured party
named deleted text begin thereindeleted text end new text begin on the certificate of titlenew text end , or if none, to the owner or any person who delivers
to the secured party an authorization from the owner to receive the certificatenew text begin ; or
new text end
new text begin (2) comply with requirements in subdivision 6new text end .
new text begin (b) Following a release of security interest under paragraph (a), clause (1),new text end the owner,
other than a dealer holding the vehicle for resale, deleted text begin shalldeleted text end new text begin mustnew text end promptly cause the certificate
and release, together with the required fees and taxes, to be mailed or delivered to the
deleted text begin departmentdeleted text end new text begin commissionernew text end , deleted text begin which shalldeleted text end new text begin and the commissioner mustnew text end release the secured party's
rights on the certificate or issue a new certificate.
Subd. 2.
Certificate with prior secured party; release.
new text begin (a) new text end Upon the satisfaction of a
security interest in a vehicle for which the certificate of title is in the possession of a prior
secured party, the secured party whose security interest is satisfied deleted text begin shalldeleted text end new text begin mustnew text end within 15
days, or seven days if satisfied by a dealer licensed under section 168.27, subdivision 2, 3,
or 4, execute a releasenew text begin of security interestnew text end in the deleted text begin format the department prescribesdeleted text end new text begin manner
prescribed by the commissionernew text end and deleted text begin deliver the releasedeleted text end new text begin must:
new text end
new text begin (1) before October 1, 2027, deliver the releasenew text end to the owner or any person who delivers
to the secured party an authorization from the owner to receive deleted text begin itdeleted text end new text begin the release; or
new text end
new text begin (2) comply with requirements in subdivision 6new text end .
new text begin (b) Following a release of security interest under paragraph (a), clause (1),new text end the secured
party in possession of the certificate of title deleted text begin shalldeleted text end new text begin mustnew text end eithernew text begin : (1)new text end deliver the certificate to
the owner, or the person authorized by the owner, for delivery to the deleted text begin department,deleted text end new text begin
commissioner;new text end ornew text begin (2)new text end upon receipt of the release, mail or deliver deleted text begin itdeleted text end new text begin the releasenew text end with the
certificate to the deleted text begin department, which shalldeleted text end new text begin commissioner. The commissioner mustnew text end release
the subordinate secured party's rights on the certificate or issue a new certificate.
Subd. 3.
Certificate with owner.
new text begin (a) new text end Upon the satisfaction of a security interest in a
vehicle for which the certificate of title is in the possession of the owner, the secured party
deleted text begin shalldeleted text end new text begin mustnew text end within 15 days, or seven days if satisfied by a dealer licensed under section
168.27, subdivision 2, 3, or 4, execute a release of security interest in the deleted text begin formatdeleted text end new text begin mannernew text end
prescribed by the deleted text begin departmentdeleted text end new text begin commissionernew text end and deleted text begin mail or deliver the notification with releasedeleted text end new text begin
must:
new text end
new text begin (1) before October 1, 2027, deliver the notification with releasenew text end to the owner or any
person who delivers to the secured party an authorization from the owner to receive the
releasenew text begin ; or
new text end
new text begin (2) comply with requirements in subdivision 6new text end .
new text begin (b)new text end The secured party may notify the deleted text begin registrardeleted text end new text begin commissionernew text end of the satisfaction of lien
in a manner prescribed by the deleted text begin departmentdeleted text end new text begin commissionernew text end .
Subd. 4.
Satisfaction of lien for child support; release.
If the secured party is a public
authority or a child support or maintenance obligee with a lien under section 168A.05,
subdivision 8, upon either new text begin (1) new text end the satisfaction of a security interest in a vehicle for which
the certificate of title is in the possession of the owner, or new text begin (2) new text end the execution by the owner
of a written payment agreement determined to be acceptable by the court, a child support
magistrate, the public authority, or the obligee, within 15 days, or seven days if satisfied by
a dealer licensed under section 168.27, subdivision 2, 3, or 4, the secured party deleted text begin shalldeleted text end new text begin mustnew text end
execute a release of security interest in the deleted text begin formatdeleted text end new text begin mannernew text end prescribed by the deleted text begin departmentdeleted text end new text begin
commissionernew text end and deleted text begin mail or deliver the notification with releasedeleted text end new text begin must:
new text end
new text begin (1) before October 1, 2027, deliver the notification with releasenew text end to the owner or any
person who delivers to the secured party an authorization from the owner to receive the
releasenew text begin ; or
new text end
new text begin (2) comply with requirements in subdivision 6new text end .
Subd. 5.
Satisfaction of automobile lien seven years old; release.
A security interest
perfected under this chapter may be canceled seven years from the perfection date for a
passenger automobile, as defined in section 168.002, subdivision 24, upon the request of
the owner of the passenger automobile, if the owner has paid the lien in full and is unable
to locate the lienholder to obtain a lien release. At a minimum, the owner must send a letter
to the lienholder by certified mail, return receipt requested, requesting a lien release. If the
owner is unable to obtain a lien release by sending a letter by certified mail, then the owner
must present to the deleted text begin departmentdeleted text end new text begin commissionernew text end or deleted text begin itsdeleted text end new text begin annew text end agent the returned letter as evidence
of the attempted contact. This subdivision applies only to: (1) vehicle owners who are
individuals; or (2) dealers licensed under section 168.27, subdivision 2 or 3, who are
purchasing a vehicle from an individual owner for resale.
new text begin Subd. 6. new text end
new text begin Electronic lien release. new text end
new text begin
(a) On or after October 1, 2027, the satisfaction of a
security interest in a vehicle must be electronically transmitted by the secured party to the
commissioner and must include the name and address of the person satisfying the security
interest.
new text end
new text begin
(b) When security interests and satisfactions are transmitted electronically, the
commissioner may defer issuance of a certificate of title until all security interests have
been satisfied. Upon satisfaction of all security interests, the commissioner must mail a
clear certificate of title to the owner of the vehicle. In a subsequent transfer of ownership
of the motor vehicle, it is presumed that the motor vehicle title is subject to a security interest
until the title to be issued pursuant to this subdivision is received by the person satisfying
the security interest.
new text end
Sec. 8.
Minnesota Statutes 2024, section 168A.24, is amended to read:
168A.24 DUTIES AND POWERS OF DEPARTMENT.
Subdivision 1.
Forms.
The deleted text begin department shalldeleted text end new text begin commissioner mustnew text end prescribe and provide
suitable forms of applications, certificates of title, notices of security interests, and all other
notices and forms necessary to carry out the provisions of deleted text begin sections 168A.01 to 168A.31deleted text end new text begin this
chapternew text end and deleted text begin shalldeleted text end new text begin mustnew text end determine the format deleted text begin in whichdeleted text end new text begin ofnew text end the forms deleted text begin will appeardeleted text end .
Subd. 2.
Powers; rules.
The deleted text begin departmentdeleted text end new text begin commissionernew text end may:
(1) make necessary investigations to procure information required to carry out the
provisions of deleted text begin sections 168A.01 to 168A.31deleted text end new text begin this chapternew text end ;
(2) assign a new identifying number to a vehicle if deleted text begin itdeleted text end new text begin the vehiclenew text end has none, or deleted text begin itsdeleted text end new text begin the
vehicle'snew text end identifying number is destroyed or obliterated;
(3) adopt and enforce such rules as may be necessary to carry out the provisions of
deleted text begin sections 168A.01 to 168A.31deleted text end new text begin this chapter, including but not limited to rules that establish
and administer an electronic lien notification and release system that allows alternative
methods of proof of satisfaction of a security interestnew text end ;
(4) adopt and enforce such rules as the deleted text begin departmentdeleted text end new text begin commissionernew text end may deem necessary
or appropriate to require the payment of fees imposed by section 168.54, as a condition for
deferring application for a certificate of title by a dealer or secured party in cases provided
for in section 168A.11 or 168A.12, subdivision 2; and
(5) adopt a rule deleted text begin whichdeleted text end new text begin thatnew text end may require the owner or secured partydeleted text begin , as the case may be,deleted text end
to deposit the certificate of title with the deleted text begin departmentdeleted text end new text begin commissionernew text end during the period when
the vehicle for which deleted text begin suchdeleted text end new text begin thenew text end certificate was issued is registered pursuant to section 168.31,
subdivision 4, or is subject to the lien imposed by section 168.31, subdivision 6.
new text begin Subd. 3. new text end
new text begin Electronic database. new text end
new text begin
(a) Beginning October 1, 2027, the commissioner must
maintain electronic records in the driver and vehicle information system on motor vehicles
and manufactured homes, notices and satisfactions of security interests, and title transactions.
new text end
new text begin
(b) At a minimum, for the records under paragraph (a), a motor vehicle or manufactured
home must be identifiable through the name of vehicle owner, title number, and vehicle
identification number or manufacturer's motor number, and a title transaction must be
identifiable through the vehicle identification number.
new text end
new text begin Subd. 4. new text end
new text begin Electronic documents. new text end
new text begin
(a) Subject to section 168A.50, subdivision 2, paragraph
(d), the commissioner may accept any record, forms, or documentation provided for under
this chapter by electronic means.
new text end
new text begin
(b) The commissioner may collect email addresses and use email in lieu of the United
States Postal Service as a method of notification. The commissioner must send any notice
regarding the potential forfeiture or foreclosure of an interest in property via the United
States Postal Service.
new text end
Sec. 9.
Minnesota Statutes 2024, section 168A.29, subdivision 1, is amended to read:
Subdivision 1.
Amounts.
(a) The deleted text begin departmentdeleted text end new text begin commissionernew text end must be paid the following
fees:
(1) for filing an application for and the issuance of an original certificate of titlenew text begin except
as provided in clause (2), including a certificate of title issued to the owner after the certificate
was electronically transmitted to a secured party and all security interests have been satisfiednew text end ,
$8.25, of which $4.15 must be deleted text begin paid intodeleted text end new text begin deposited innew text end the driver and vehicle services operating
account under section 299A.705, subdivision 1, and a surcharge of $2.25 must be added to
the fee and deleted text begin credited todeleted text end new text begin deposited innew text end the driver and vehicle services technology account under
section 299A.705, subdivision 3;
new text begin
(2) for application and issuance of a certificate of title that is electronically transmitted
to a secured party under section 168A.06, the amounts and in the allocations as specified
in clause (1);
new text end
deleted text begin (2)deleted text end new text begin (3)new text end for each security interest when first noted upon a certificate of title, including
the concurrent notation of any assignment deleted text begin thereof and itsdeleted text end new text begin of the security interest and the
security interest'snew text end subsequent release or satisfaction, $2, except that no fee is due for a
security interest filed by a public authority under section 168A.05, subdivision 8;
deleted text begin (3)deleted text end new text begin (4)new text end for each assignment of a security interest when first noted on a certificate of title,
unless noted concurrently with the security interest, $1; and
deleted text begin (4)deleted text end new text begin (5)new text end for issuing a duplicate certificate of title, $7.25, of which $3.25 must be deleted text begin paid intodeleted text end new text begin
deposited innew text end the driver and vehicle services operating account under section 299A.705,
subdivision 1, and a surcharge of $2.25 must be added to the fee and deleted text begin credited todeleted text end new text begin deposited
innew text end the driver and vehicle services technology account under section 299A.705, subdivision
3.
(b) In addition to the fee required under paragraph (a), clause (1), the deleted text begin departmentdeleted text end new text begin
commissionernew text end must be paid $3.50. The additional $3.50 fee collected under this paragraph
must be deposited in the deleted text begin special revenue fund and credited to thedeleted text end public safety motor vehicle
account established in section 299A.70.
Sec. 10.
new text begin
[168A.50] ELECTRONIC SIGNATURES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Electronic" has the meaning given in section 325L.02, paragraph (e).
new text end
new text begin
(c) "Electronic signature" means an electronic sound, symbol, or process, attached to or
logically associated with a document, form, physical odometer document, or other record
and executed or adopted by a person with the intent to sign, agree, or otherwise acknowledge
the information and facts to be accurate and correct.
new text end
new text begin
(d) "Physical odometer document" means a physical document that is a certificate of
title, secure power of attorney, or reassignment document and contains an odometer disclosure
statement printed on paper by a secure printing process or other secure process by any
jurisdiction in compliance with Code of Federal Regulations, title 49, part 580. Physical
odometer document excludes any other form or document, even if the document contains
a space for an odometer reading.
new text end
new text begin
(e) "Requisite document" means any document, form, physical odometer document, or
record required under this chapter or chapter 168.
new text end
new text begin Subd. 2. new text end
new text begin Acceptance of electronic signatures. new text end
new text begin
(a) The commissioner must accept
electronic signatures on any requisite document.
new text end
new text begin
(b) The commissioner must accept a physical odometer document that is converted to
an electronic form by imaging, scanning, or similar process, and is subsequently executed
by an electronic signature. An electronic document under this paragraph is not an electronic
power of attorney or electronic title, as the terms are defined in Code of Federal Regulations,
title 49, section 580.03.
new text end
new text begin
(c) The commissioner must accept any requisite document with electronic signatures
by:
new text end
new text begin
(1) electronic means if the commissioner has a process or system available to accept the
document by electronic means; or
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(2) physical means, such that the document is printed to paper.
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(d) For a physical odometer document required to be submitted to the commissioner by
physical means, an electronic document created and executed as provided under paragraph
(b) must be accompanied by a printed copy of the electronic document and the corresponding
physical odometer document in its original format prior to execution by an electronic
signature. This paragraph applies if the physical odometer document is:
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(1) a certificate of title; or
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(2) a secure power of attorney or dealer reassignment that contains physically completed
data or information, such as by handwriting or printing, that preceded the execution by
electronic signature.
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new text begin Subd. 3. new text end
new text begin Requirements; limitations. new text end
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(a) The commissioner may require:
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(1) that a document containing an electronic signature include an indication that the
signature is electronic; and
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(2) a certification of authenticity, audit trail, or similar statement or proof of assurance.
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(b) The commissioner must not:
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(1) require an electronic signature process or an electronic signature vendor be certified
by the commissioner before accepting a document that is executed by an electronic signature;
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(2) require a document that has been executed by an electronic signature to be converted
to physical format by printing for any purpose, except when submission by physical means
is required; and
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(3) impose any additional requirements for an electronic signature except as authorized
under this section.
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new text begin Subd. 4. new text end
new text begin Electronic signature capture system. new text end
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(a) The system used to capture an
electronic signature must:
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(1) be securely maintained;
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(2) capture and retain user information, including the Internet Protocol address of the
signer and date and time stamp of system access or electronic signature capture; and
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(3) retain all information provided to the system for a period of five years.
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(b) The system or person granting access to the system used to capture an electronic
signature must verify the identity of the user accessing the system.
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(c) Information under paragraph (a), clause (3), must be made available to the
commissioner, other regulatory agencies, or law enforcement upon request.
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new text begin Subd. 5. new text end
new text begin Use of electronic signature. new text end
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An electronic signature under this section must
not be used for any purpose other than as indicated by the signer on the document and must
be linked to the respective electronic record to ensure that the signature cannot be excised,
copied, or otherwise transferred unless expressly authorized by the signer.
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new text begin Subd. 6. new text end
new text begin Authority. new text end
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(a) Nothing in this section requires, prohibits, or otherwise limits
the ability of the commissioner to provide electronic service, process, system, platform, or
alternative methods to receiving and transmitting electronic data, documents, or records,
including electronic signature capturing or identity verification.
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(b) Nothing in this section requires, prohibits, or otherwise limits the commissioner to
provide or issue an electronic power of attorney or electronic title, as the terms are defined
in Code of Federal Regulations, title 49, section 580.03.
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new text begin Subd. 7. new text end
new text begin Application; conflicts. new text end
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(a) The requirements in this section apply beginning
October 1, 2027, and apply to this chapter and chapter 168.
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(b) This section prevails in any conflict arising with another provision in this chapter or
chapter 168. The Uniform Electronic Transactions Act, chapter 325L, prevails in any conflict
with this section and governs any area not expressly addressed in this section.
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Sec. 11. new text begin REVISOR INSTRUCTION.
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In Minnesota Statutes, chapter 168A, the revisor of statutes must change the phrase
"sections 168A.01 to 168A.31" to "this chapter" wherever the phrase appears in statutes.
In Minnesota Statutes, section 336.9-311, paragraph (a), clause (2), the revisor must change
the phrase "168A.01 to 168A.31" to "chapter 168A." The revisor must make any necessary
grammatical changes or changes to sentence structure necessary to preserve the meaning
of the text as a result of the changes.
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