HF 4972

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/14/2024 02:34pm

A bill for an act
relating to state government; making changes to electronic database of notaries;
amending Minnesota Statutes 2022, sections 358.645, subdivision 2; 358.71;
359.01, subdivision 5; 359.03, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 358.645, subdivision 2, is amended to read:

Subd. 2.

Qualifications; registration required.

(a) A remote online notary public:

(1) is a notary public for purposes of chapter 359 and is subject to and must be appointed
and commissioned under that chapter;

(2) may perform notarial acts as provided by this chapter and chapter 359 in addition to
performing remote online notarizations; and

(3) may perform remote online notarizations authorized under this section.

(b) A notary public commissioned in this state may apply for remote online notarization
registration according to this section. Before a notary performs a remote online notarization,
the notary must register new text begin the capability to perform notarial acts pursuant to section 358.645
new text end with the secretary of state deleted text begin according to section 359.01, subdivision 5, deleted text end and must certify that
the notary intends to use communication technology that conforms to this section.

(c) Unless terminated under this section, the term of registration to perform remote online
notarial acts begins on the registration starting date set by the secretary of state and continues
as long as the notary public's current commission to perform notarial acts remains valid.

(d) Upon the applicant's fulfillment of the requirements for remote online notarization
registration under this section, the secretary of state shall record the registration under the
applicant's notary public commission number.

(e) The secretary of state may reject a registration application if the applicant fails to
comply with paragraphs (a) to (d). The commissioner of commerce may revoke a registration
if the applicant fails to comply with subdivisions 2 to 6.

Sec. 2.

Minnesota Statutes 2022, section 358.71, is amended to read:

358.71 DATABASE OF NOTARIES PUBLIC.

The secretary of state shall maintain an electronic database of notaries public deleted text begin :
deleted text end

deleted text begin (1) deleted text end through which a person may verify the authority of a notary public to perform notarial
acts, including notarial acts pursuant to section 358.645 deleted text begin ; deleted text end new text begin , new text end and new text begin to perform notarial acts on
electronic records.
new text end

deleted text begin (2) which indicates whether a notary public has applied to the commissioning officer or
agency to perform notarial acts on electronic records or to perform notarial acts pursuant
to section 358.645.
deleted text end

Sec. 3.

Minnesota Statutes 2022, section 359.01, subdivision 5, is amended to read:

Subd. 5.

Registration to perform electronic notarizations.

Before performing electronic
notarial acts, a notary public shall register the capability to notarize electronically with the
secretary of state. deleted text begin Before performing electronic notarial acts after recommissioning, a notary
public shall reregister with the secretary of state. deleted text end new text begin Unless terminated for any reason, the term
of registration to perform electronic notarial acts begins on the registration starting date set
by the secretary of state and continues as long as the notary public has a valid commission
to perform notarial acts. new text end The requirements of this chapter relating to electronic notarial acts
do not apply to notarial acts performed under sections 358.15, paragraph (a), clause (4),
and 358.60, subdivision 1, clause (2).

Sec. 4.

Minnesota Statutes 2022, section 359.03, subdivision 3, is amended to read:

Subd. 3.

Specifications.

new text begin (a) new text end The official notarial stamp consists of the seal of the state
of Minnesota, the name of the notary as it appears on the commission or the name of the
ex officio notary, the words "Notary Public," or "Notarial Officer" in the case of an ex
officio notary, and the words "My commission expires ............... (or where applicable) My
term is indeterminate," with the expiration date shown on it and must be able to be reproduced
in any legibly reproducible manner. 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.

new text begin (b) A notarial stamp that complied with these requirements at the time of issuance may
continue to be used during the remainder of the current term of the notary even if changes
to any of these requirements subsequently become effective.
new text end