HF 910

Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:18pm

A bill for an act
relating to notaries public; modifying fees; regulating commissions and notarial
stamps and seals; providing clarifications; providing for the accommodations
of physical limitations; amending Minnesota Statutes 2008, sections 357.021,
subdivision 2; 358.15; 358.47; 359.01, subdivisions 2, 3, 4; 359.02; 359.03,
subdivisions 1, 3, 4; 359.061; 359.12; proposing coding for new law in
Minnesota Statutes, chapters 357; 359; repealing Minnesota Statutes 2008,
sections 357.17; 359.05.

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

Section 1.

Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:

Subd. 2.

Fee amounts.

The fees to be charged and collected by the court
administrator shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising
under the tax laws of the state that could be transferred or appealed to the Tax Court, the
plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that
party in said action, a fee of $240, except in marriage dissolution actions the fee is $270.

The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $240, except in
marriage dissolution actions the fee is $270.

The party requesting a trial by jury shall pay $75.

The fees above stated shall be the full trial fee chargeable to said parties irrespective
of whether trial be to the court alone, to the court and jury, or disposed of without trial,
and shall include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, $10, and $5
for an uncertified copy.

(3) Issuing a subpoena, $12 for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, $55.

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $40.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, $30.

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, $5.

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name certified to.

(9) Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5.

(10) For the filing of each partial, final, or annual account in all trusteeships, $40.

(11) For the deposit of a will, $20.

(12) For recording notary commission, deleted text begin $100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
in the state treasury and credited to the general fund deleted text end new text begin $20 new text end .

(13) Filing a motion or response to a motion for modification of child support, a
fee of $55.

(14) All other services required by law for which no fee is provided, such fee
as compares favorably with those herein provided, or such as may be fixed by rule or
order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the
amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for
each adoption petition filed in district court to fund the fathers' adoption registry under
section 259.52.

The fees in clauses (3) and (5) need not be paid by a public authority or the party
the public authority represents.

Sec. 2.

new text begin [357.171] FEES FOR NOTARIAL ACTS.
new text end

new text begin A notary public may charge and collect not more than $5 for any notarial act
performed by the notary public.
new text end

Sec. 3.

Minnesota Statutes 2008, section 358.15, is amended to read:

358.15 EX OFFICIO NOTARY PUBLIC.

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 powers. 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, .......";

(2) the clerks or recorders of towns, and cities new 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." new text end ;

(3) court commissioners, county recorders, and county auditors, and their several
deputies, and county commissioners, all within their respective counties new 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." new 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, .......".
new text begin new text end

new text begin 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.
new text end

Sec. 4.

Minnesota Statutes 2008, section 358.47, is amended to read:

358.47 CERTIFICATE OF NOTARIAL ACTS.

(a) A notarial act must be evidenced by a certificate physically or electronically
signed and dated by a notarial officer in a manner that attributes such signature to the
notary public deleted text begin identified on the commission deleted text end . new text begin The notary's name as it appears on the official
notarial stamp and on any jurat or certificate of acknowledgment and in the notary's
signature must be identical. new text end The certificate must include identification of the jurisdiction
in which the notarial act is performed and the title of the office of the notarial officer and
deleted text begin may deleted text end new text begin must new text end include the official new text begin notarial new text end stamp deleted text begin or seal of office deleted text end , deleted text begin or the notary's electronic seal deleted text end new text begin
pursuant to section 359.03 new text end . deleted text begin If the officer is a notary public, the certificate must also indicate
the date of expiration, if any, of the commission of office, but omission of that information
may subsequently be corrected. deleted text end If the officer is a commissioned officer on active duty in
the military service of the United States, it must also include the officer's rank.

(b) A certificate of a notarial act is sufficient if it new text begin is in English and new text end meets the
requirements of subsection (a) and it:

(1) is in the short form set forth in section 358.48;

(2) is in a form otherwise prescribed by the law of this state;

(3) is in a form prescribed by the laws or regulations applicable in the place in
which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and those are sufficient to meet the
requirements of the designated notarial act.

(c) By executing a certificate of a notarial act, the notarial officer certifies that the
officer has made the determinations required by section 358.42.

Sec. 5.

Minnesota Statutes 2008, section 359.01, subdivision 2, is amended to read:

Subd. 2.

Nonresident notaries.

(a) The governor, by and with the advice and
consent of the senate, may appoint as notary public a person who is not a resident of
this state if:

(1) the person is a resident of Wisconsin, Iowa, North Dakota, or South Dakota deleted text begin , and
of a county that shares a boundary with this state deleted text end ;

(2) the person designates the secretary of state as agent for the service of process
for all purposes relating to notarial acts and for receipt of all correspondence relating to
notarial acts deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) the person designates the Minnesota county in which the person's notary
commission will be recorded pursuant to section 359.061.
new text end

(b) The secretary of state shall receive applications for nonresident notary
appointments and commissions, shall keep a register of those persons appointed and
commissioned as notaries public by the governor with the advice and consent of the
senate, shall update that register when informed of a change in name and address by
a notary public, shall process applications by a notary public for reappointment, shall
receive fees for the performance of these functions to be deposited into the general fund,
and shall perform those clerical and administrative duties associated with these functions.
The governor may also receive such applications directly.

Sec. 6.

Minnesota Statutes 2008, section 359.01, subdivision 3, is amended to read:

Subd. 3.

Fees.

(a) When making application for a commission the applicant must
submit, along with the information required by the secretary of state, a nonrefundable fee
of deleted text begin $40 deleted text end new text begin $120, which shall be forwarded by the secretary of state to the commissioner of
finance to be deposited in the state treasury and credited to the general fund new text end .

(b) new text begin Except as otherwise provided in paragraph (a), new text end all fees shall be retained by
the secretary of state and are nonreturnable, except that an overpayment of a fee is the
subject of a refund upon proper application.

Sec. 7.

Minnesota Statutes 2008, section 359.01, subdivision 4, is amended to read:

Subd. 4.

Application.

new text begin (a) new text end The secretary of state shall prepare the application form
for a commission. The form may request personal information about the applicant,
including, but not limited to, relevant civil litigation, occupational license history, and
criminal background, if any. For the purposes of this section, "criminal background"
includes, but is not limited to, criminal charges, arrests, indictments, pleas, and
convictions.

new text begin (b) Each applicant shall authorize in the application for a commission a background
investigation, including a criminal background investigation.
new text end

new text begin (c) The commissioner may deny an application pursuant to sections 45.027 and
45.028.
new text end

Sec. 8.

Minnesota Statutes 2008, section 359.02, is amended to read:

359.02 TERM.

A notary commissioned under section 359.01 holds office deleted text begin for five years deleted text end new text begin until January
31 of the fifth year following the year the commission was issued new text end , unless sooner removed
by the governor or the district court, or by action of the commissioner new text begin of commerce new text end .
deleted text begin Within 60 days deleted text end new text begin Six months new text end before the expiration of the commission, a notary may deleted text begin apply
for reappointment deleted text end new text begin renew the notary's commission new text end for a new term to commence and to be
designated in the new commission as beginning upon the day immediately following the
date of the expiration. A notary whose commission expires deleted text begin on January 1, 2005, deleted text end may
apply for reappointment deleted text begin six months before deleted text end new text begin after new text end the expiration date. The reappointment
new text begin or renewal new text end takes effect and is valid although the appointing governor may not be in the
Office of Governor on the effective day.

deleted text begin All notary commissions expire on January 31 of the fifth year following the year
of issue.
deleted text end

Sec. 9.

Minnesota Statutes 2008, section 359.03, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

Every notary new text begin , including an ex officio notary under
section 358.15, new text end shall deleted text begin get deleted text end new text begin obtain new text end an official deleted text begin seal deleted text end new text begin notarial stamp as specified in subdivision 3 new text end ,
with which to authenticate official acts deleted text begin , and upon which shall be engraved the arms of
this state, the words "notarial seal deleted text end . deleted text begin " deleted text end The deleted text begin seal, with deleted text end new text begin official notarial stamp, and new text end the notary's
official deleted text begin register, is deleted text end new text begin journal, are the personal property of the notary and are new text end exempt from
execution deleted text begin , and, on death or removal from office, the register must be deposited with the
court administrator of the district court of the notary's county deleted text end .

Sec. 10.

Minnesota Statutes 2008, section 359.03, subdivision 3, is amended to read:

Subd. 3.

Specifications.

deleted text begin The seal of every notary public may deleted text end deleted text begin be affixed by a stamp
that will print a seal which legibly reproduces under photographic methods deleted text end new text begin The official
notarial stamp consists of new text end the seal of the state of Minnesota, the name of the notary new text begin or
ex officio notary new text end , the words "Notary Public," new text begin or "Notarial Officer" in the case of an ex
officio notary, new text end and the words "My commission expires ............... new text begin (or where applicable) My
term is indeterminate new text end ," with the expiration date shown deleted text begin thereon or may be an electronic
form deleted text end new text begin on it and must be able to be reproduced in any legibly reproducible manner new text end . deleted text begin A
physical seal used to authenticate a paper document deleted text end new text begin The official notarial stamp new text end 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.

Sec. 11.

Minnesota Statutes 2008, section 359.03, subdivision 4, is amended to read:

Subd. 4.

Electronic seal.

deleted text begin A notary's electronic seal shall contain the notary's name,
jurisdiction, and commission expiration date, and shall be logically and securely affixed
to or associated with the electronic record being notarized. deleted text end new text begin The information required by
this section may be affixed electronically and shall be logically and securely affixed or
associated with the electronic record being notarized.
new text end

Sec. 12.

Minnesota Statutes 2008, section 359.061, is amended to read:

359.061 RECORD OF COMMISSION deleted text begin ; CERTIFICATE deleted text end .

new text begin Subdivision 1. new text end

new text begin Resident notaries. new text end

The commission of every notary new text begin commissioned
under section 359.01 new text end shall be recorded in the office of the court administrator of the
district court of the notary's county of residence new text begin or in the county department to which
duties relating to notaries public have been assigned under section 485.27 new text end , in a record
kept for that purpose.

new text begin Subd. 2. new text end

new text begin Nonresident notaries. new text end

The commission of a nonresident notary must
be recorded new text begin in the Minnesota county the notary designates pursuant to section 359.01,
subdivision 2, clause (3), new text end in the office of the court administrator of the district court deleted text begin of the
Minnesota county that borders the county in which the nonresident notary resides deleted text end new text begin of that
county or in the county department to which duties relating to notaries public have been
assigned under section 485.27 new text end .

new text begin Subd. 3. new text end

new text begin Certificate of court administrator. new text end

The court administrator, when
requested, shall certify to official acts in the manner and for the fees prescribed by statute
or court rule.

new text begin Subd. 4. new text end

new text begin County notary certificate. new text end

new text begin The county department, to which duties
relating to notaries public have been assigned under section 485.27, shall certify to official
acts under this section for the fee of $....... and in the form of:
new text end

new text begin State of Minnesota
new text end

new text begin _____________ County
new text end

new text begin "I the undersigned _____________________, in and for said county and state, do
hereby certify that _____________________, whose name is subscribed to on the attached
document held the office of notary public in said county and state at the date of said
subscription and was authorized under the laws of this state to take acknowledgments,
to administer oaths, take depositions, acknowledgments of deeds, and other written
instruments, and exercise all such powers and duties authorized by the laws of Minnesota
as notary public. I further certify that I have compared the subscribed signature to the
signature on file in this office and believe them to be the same.
new text end

new text begin Signed this date _______________ in the county of _______________________,
state of Minnesota."
new text end

new text begin Signature ____________________________
new text end

new text begin Title ____________________________
new text end

Sec. 13.

new text begin [359.091] ACCOMMODATION OF PHYSICAL LIMITATIONS.
new text end

new text begin (a) A notary public may certify as to the subscription or signature of an individual
when it appears that the individual has a physical limitation that restricts the individual's
ability to sign by writing or making a mark, pursuant to the following:
new text end

new text begin (1) the name of an individual may be signed, or attached electronically in the case of
an electronic record, by another individual other than the notary public at the direction and
in the presence of the individual whose name is to be signed and in the presence of the
notary public. The signature may be made by a rubber stamp facsimile of the person's
actual signature, mark, or a signature of the person's name or mark made by another and
adopted for all purposes of signature by the person with a physical limitation; and
new text end

new text begin (2) the words "Signature written by" or "Signature attached by" in the case of
an electronic record, "(name of individual directed to sign or directed to attach) at the
direction and in the presence of (name as signed) on whose behalf the signature was
written" or "attached electronically" in the case of an electronic record, or words of
substantially similar effect must appear under or near the signature.
new text end

new text begin (b) A notary public may use signals or electronic or mechanical means to take an
acknowledgment from, administer an oath or affirmation to, or otherwise communicate
with any individual in the presence of such notary public when it appears that the
individual is unable to communicate verbally or in writing.
new text end

Sec. 14.

Minnesota Statutes 2008, section 359.12, is amended to read:

359.12 ADMINISTRATIVE ACTIONS AND PENALTIES.

Every notary who shall charge or receive a fee or reward for any act or service
done or rendered as a notary greater than the amount allowed by law, or who dishonestly
or unfaithfully discharges duties as notary, or who has pleaded guilty, with or without
explicitly admitting guilt, plead nolo contendere, or been convicted of a felony, gross
misdemeanor, or misdemeanor involving moral turpitude, is subject to the penalties
imposed pursuant to section 45.027 deleted text begin , except that deleted text end new text begin . new text end A notary may be removed from office
only by the governor deleted text begin or deleted text end new text begin , new text end the district court new text begin , or the commissioner of commerce new text end . The
commissioner new text begin of commerce new text end has all the powers provided by section 45.027 and shall
proceed in the manner provided by that section in actions against notaries.

new text begin Notwithstanding section 359.03, subdivision 1, upon removal from office by the
commissioner of commerce, a notary public shall deliver the notary's official notarial
stamp to the commissioner of commerce.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 357.17; and 359.05, new text end new text begin are repealed.
new text end