Minnesota Legislature
HF 155
1st Engrossment - 88th Legislature (2013 - 2014) Posted on 02/22/2013 02:27pm
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A bill for an act
relating to notaries public; increasing maximum fees permitted to be charged
by notaries public; providing specifications for notarial stamps; amending
Minnesota Statutes 2012, sections 357.17; 358.15; 359.03, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 357.17, is amended to read:
357.17 NOTARIES PUBLIC.
The maximum fees to be charged and collected by a notary public shall be as follows:
(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of
such bill; where protest is legally necessary, and copy thereof, deleted text begin $1deleted text end new text begin $5new text end ;
(2) for every other protest and copy, deleted text begin $1deleted text end new text begin $5new text end ;
(3) for making and serving every notice of nonpayment of note or nonacceptance
of bill and copy thereof, deleted text begin $1deleted text end new text begin $5new text end ;
(4) for any affidavit or paper for which provision is not made herein, deleted text begin $1deleted text end new text begin $5new text end per
folio, and deleted text begin 20 centsdeleted text end new text begin $1new text end per folio for copies;
(5) for each oath administered, deleted text begin $1deleted text end new text begin $5new text end ;
(6) for acknowledgments of deeds and for other services authorized by law, the legal
fees allowed other officers for like services;
(7) for recording each instrument required by law to be recorded by the notary,
deleted text begin $1deleted text end new text begin $5new text end per folio.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2013, and applies to notary
services provided on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2012, section 358.15, is amended to read:
358.15 EX OFFICIO NOTARY PUBLIC.
(a) The following officers have the powers of a notary public within the state:
(1) every member of the legislature, while still a resident in the district from which
elected; but no fee or compensation may be received for exercising these powersdeleted text begin . The
form of the official signature in these cases is: "A.B., Representative (or Senator),
....................................... District, Minnesota, ex officio notary public. My term expires
January 1, ......."deleted text end ;
(2) the clerks or recorders of towns, and citiesdeleted text begin . The form of the official signature in
these cases is: "A.B. (official title), ....... County, Minnesota, ex officio notary public. My
term expires ....... (or where applicable) my term is indeterminate."deleted text end ;
(3) court commissioners, county recorders, and county auditors, and their several
deputies, and county commissioners, all within their respective countiesdeleted text begin . The form of the
official signature in these cases: "A.B. (official title), ....... County, Minnesota, ex officio
notary public. My term expires ....... (or where applicable) my term is indeterminate."deleted text end ; and
(4) peace officers licensed under section 626.845 for the purpose of administering
oaths upon information submitted to establish probable cause to any judge or judicial
officer under the Rules of Criminal Procedure. The form of the official signature in these
cases is "A.B., Peace Officer License Number ......., ....... County, Minnesota. My license
expires June 30, .......".
(b) An officer using the powers of a notary public within the state pursuant to clauses
(1) to (3) shall obtain an official stamp as specified under section 359.03, subdivisions 1,
3, and 4, with which to authenticate official acts.
(c) The county auditor and county recorder, and their deputies, and the clerk or
recorder of a town or city with ex officio powers under this section may authenticate
official acts related to the statutory duties of their respective offices without using the
official stamp for 90 days after initially assuming the office, or until the officer acquires an
official stamp, whichever is earlier.
Sec. 3.
Minnesota Statutes 2012, section 359.03, subdivision 3, is amended to read:
Subd. 3.
Specifications.
new text begin (a) new text end The official notarial stamp new text begin for a notary commissioned
under section 359.01 new text end consists of the seal of the state of Minnesota, the name of the notary
as it appears on the commission deleted text begin or the name of the ex officio notarydeleted text end , the words "Notary
Public," deleted text begin or "Notarial Officer" in the case of an ex officio notary,deleted text end and the words "My
commission expires ............... deleted text begin (or where applicable) My term is indeterminate," with the
expiration date shown on it anddeleted text end new text begin " (with the date of expiration in place of the blank). The
stamp new text end must be able to be reproduced in any legibly reproducible manner.
new text begin
(b) The official notarial stamp for an ex officio notary consists of:
new text end
new text begin
(1) the seal of the state of Minnesota;
new text end
new text begin
(2) the name of the ex officio notary, and the name of the office and the governmental
jurisdiction that makes the person an ex officio notary;
new text end
new text begin
(3) the words "Notarial Officer"; and
new text end
new text begin
(4) the words:
new text end
new text begin
(i) "My term expires ......." (with the date of the expiration in place of the blank); or
new text end
new text begin
(ii) (where applicable) "My term is indeterminate"; or
new text end
new text begin
(iii) the words "My term expires ......." (with the date of expiration to be handwritten
by the notarial officer in place of the blank each time the stamp is used).
new text end
new text begin
The stamp must be able to be reproduced in any legibly reproducible manner.
new text end
new text begin (c)new text end The official notarial stamp shall be a rectangular form of not more than
three-fourths of an inch vertically by 2-1/2 inches horizontally, with a serrated or milled
edge border, and shall contain the information required by this subdivision.