Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 504-H.F.No. 756 
           An act relating to notarial acts; authorizing 
          appointment of out-of-state notaries; requiring 
          designation of the clerk of district court of the 
          county in which appointment is sought as agent for 
          out-of-state notaries; changing the term of office for 
          notaries public; increasing the bond amount; providing 
          for transfer of notary public commissions; amending 
          Minnesota Statutes 1982, sections 359.01; and 359.02; 
          proposing new law coded in Minnesota Statutes, chapter 
          359. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 359.01, is 
amended to read: 
    359.01 [COMMISSION.] 
    Subdivision 1.  [RESIDENT NOTARIES.] The governor may 
appoint and commission as notaries public, by and with the 
advice and consent of the senate, as many citizens of this 
state, over the age of 18 years, resident in the county for 
which appointed, as he the governor deems necessary. 
    Subd. 2.  [NONRESIDENT NOTARIES.] Notwithstanding the 
provisions of subdivision 1, the governor may appoint as notary 
public, by and with the advice and consent of the senate, a 
person who is not a resident of this state and who is not a 
resident of the county for which appointment is sought if:  
    (1) the person is a resident of Wisconsin, Iowa, North 
Dakota, or South Dakota, and of a county that shares a boundary 
with this state;  
    (2) the person designates the clerk of the district court 
of a county of this state that shares a boundary with the county 
of residence as agent for the service of process for all 
purposes relating to notarial acts and for receipt of all 
correspondence relating to notarial acts.  
    Subd. 3.  [FEES.] The fee for each commission shall not 
exceed $10, and shall be paid to the governor's private 
secretary. 
    Sec. 2.  Minnesota Statutes 1982, section 359.02, is 
amended to read: 
    359.02 [TERM, BOND, OATH, REAPPOINTMENT.] 
    Every notary so commissioned shall hold office for seven 
six years, unless sooner removed by the governor or the district 
court; and, before entering upon the duties of his office, he 
shall give a bond to the state in the sum of $2,000 $10,000, to 
be approved by the governor, conditioned for the faithful 
discharge of the duties of his office, which, with his oath of 
office, shall be filed with the secretary of state.  Within ten 
days before the expiration of his commission he may be 
reappointed for a new term to commence and to be designated in 
his new commission as beginning upon the day immediately 
following such expiration.  The reappointment so made shall go 
into effect and be valid although the appointing governor may 
not be in the office of governor on said day. 
    Sec. 3.  [359.071] [CHANGE OF RESIDENCE.] 
    A notary public who, during his term of office, establishes 
residency in a county of this state other than the county for 
which he was appointed, may file with the secretary of state an 
affidavit identifying the county of current residency, the 
county for which he is appointed as notary public, and the date 
of change of residency.  If the affidavit is properly filed, the 
notary shall continue to have the same powers during the 
unexpired term of his appointment as if he had not changed 
residence.  No new bond is required to be given to the state and 
the existing bond shall remain valid until the expiration of the 
commission.  The notary public shall be entitled to use his 
official seal for the remainder of his term.  
    Sec. 4.  [APPLICATION.] 
    The reduction in the term of a notary and the increase in 
the bond provided by section 2 do not apply to a notary whose 
current commission is dated prior to August 1, 1984, but shall 
apply to all commissions dated on and after that date. 
    Approved April 25, 1984