Minnesota Session Laws - 2020, 5th Special Session

CHAPTER 4--H.F.No. 15

An act

relating to state government; permitting video conferencing to satisfy the requirement to appear personally before a notarial officer for certain conveyances.

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

Section 1.

new text begin REAL ESTATE DOCUMENT NOTARIZATION; APPEARANCE BY VIDEO AUTHORIZED DURING PEACETIME PUBLIC HEALTH EMERGENCY. new text end

new text begin (a) During and for 60 days after the expiration of a peacetime public health emergency, with respect to documents recorded pursuant to Minnesota Statutes, sections 507.24 and 507.27, the requirement to appear personally under Minnesota Statutes, section 358.56, is deemed met when the notarial officer and the individual making the statement or executing the signature, whether acting on behalf of themselves or in a representative capacity, are not in the same location but are physically located within the state of Minnesota and communicate via video conference in real time. This act does not alter any other requirement in Minnesota Statutes, chapter 358. new text end

new text begin (b) The notarial officer shall create an audio and video record of the performance of the notarial act. The recording must reflect the items required by Minnesota Statutes, section 358.645, subdivision 4, paragraph (a), clauses (1), (3), (4), (5), and (6), as well as a statement by the notarial officer to the signer informing the signer of the temporary authority under which this form of personal appearance is made, that the notarization is being recorded, that the recording may be subject to inspection by the commissioner of commerce, and that the recording will be maintained for a period of ten years. new text end

new text begin (c) The notarial officer shall: new text end

new text begin (1) take reasonable steps to ensure the integrity, security, and authenticity of the audio and video record of the performance of the notarial act; new text end

new text begin (2) maintain a backup of the audio and video record required in paragraph (b); and new text end

new text begin (3) protect the record and the backup from unauthorized access or use. new text end

new text begin (d) The notarial officer shall maintain the recording for at least ten years after the date of the transaction or proceeding. new text end

new text begin (e) The notification requirements of Minnesota Statutes, section 358.645, subdivision 6, paragraph (c), apply to notarizations performed under this section. The notarial officer shall also make any recordings made under this act available for inspection by the commissioner of commerce upon reasonable notice. new text end

new text begin (f) For purposes of this section, "peacetime public health emergency" means any peacetime emergency declared by the governor in an executive order that relates to the infectious disease known as COVID-19. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and expires January 6, 2021. new text end

Presented to the governor October 16, 2020

Signed by the governor October 21, 2020, 2:36 p.m.